Article X Performance Standards

Part I. Standards in Overlay Areas

This Part contains three sections: Shoreland Areas, High Elevation Areas, and Historic Areas. Each Section identifies an area or areas in which special standards shall apply to the uses and activities within the area or areas. Unless otherwise indicated, the uses allowed within these areas shall not differ from those listed as Permitted Uses or Uses Permitted by Special Exception in the applicable underlying zoning district.

Part I, Section 1. Shoreland Areas

(1) Applicability

This section applies to all land areas within two hundred fifty (250) feet, horizontal distance, of the normal high water line of any great pond, river or saltwater body; within two hundred fifty (250) feet, horizontal distance, of the upland edge of a coastal or freshwater wetland; within two hundred fifty (250) feet of the Official Harbor Line as described in the Official Zoning Map B of the Town of Camden (where the Harbor Line is different from the normal high water line); and within seventy-five (75) feet, horizontal distance, of the normal high water line of a stream. The shoreland area is further depicted on the shoreland map of the Official Zoning Map on file in the Code Enforcement Office. This section also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high water line of a water body or within a wetland, or beyond the Harbor Line.

(2) Agriculture

(a) All spreading or disposal of manure shall be accomplished in conformance with the "Maine Guidelines for Manure and Manure Sludge Disposal on Land" published by the University of Maine Soil and Water Conservation Commission, in July 1972.

(b) Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond, classified GPA, or within 75 feet horizontal distance of other water bodies, tributary streams, or wetlands. By November 1, 1996, all manure storage areas within the shoreland area must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water. Existing facilities which do not meet the setback requirement may remain, but must meet the no discharge provision by November 1, 1996.

(c) Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area, or the spreading, disposal or storage of manure within the shoreland area shall require a Soil and Water Conservation Plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this Ordinance.

NOTE: Assistance in preparing a soil and water conservation plan may be available through the local Soil and Water Conservation District office.


(d) There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA, within 75 feet, horizontal distance, from other water bodies; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of this amendment and not in conformance with this provision may be maintained.

(e) Livestock grazing areas established after November 1, 1991, shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA; within 75 feet, horizontal distance of other water bodies, nor within 25 feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities established before November 1, 1991, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Soil and Water Conservation Plan.

(3) Beach Construction and Alteration of Shorelines

Beach construction on any great pond or coastal wetland shall require a permit from the Department of Environmental Protection. Beach construction on any river, stream, or brook capable of floating watercraft shall require approval from the Commissioner of the Department of Environmental Protection (DEP), as required by law.

(4) Campgrounds and Individual Private Campsites

(a) Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following:

1. Campgrounds shall contain a minimum of five thousand (5000) square feet of land, not including road and driveways, for each site. Land supporting wetland vegetation and land below the normal high water line of a water body shall not be included in calculating land area per site.

2. The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings, shall be set back a minimum of 100 feet from the normal high water line of a great pond classified GPA, and 75 feet from the normal high water line of other water bodies, tributary streams, or the upland edge of a wetland.

(b) Individual, private campsites not associated with campgrounds are permitted provided the following conditions are met:

1. One campsite per lot existing as of November 1, 1991, or 30,000 square feet of lot area within a shoreland area, whichever is less, may be permitted.

2. Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet from the normal high water line of a great pond classified GPA, or a river flowing to a great pond classified GPA, and 75 feet from the normal high water line of other water bodies, tributary streams, or the upland edge of a wetland.

3. Recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure(s) except canopies shall be attached to the recreational vehicle.

4. A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.

5. When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred twenty (120) days per year, and not serviced by public sewage facilities, a sewage disposal system shall be installed in compliance with the State of Maine Subsurface Wastewater Disposal Rules.

(5) Reserved.

(6) Erosion and Sedimentation Control

Filling, grading, lagooning, dredging, earth-moving activities, and other land use activities shall be conducted in such a manner to prevent to the maximum extent possible, erosion and sedimentation of surface water. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the normal high water mark except to protect the shoreline and prevent erosion.




(7) Mineral Exploration and Extraction

Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred (100) square feet of ground surface, except that exploration which exceeds the above limitation may be permitted by the Code Enforcement Officer. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures so as to restore disturbed areas and to protect the public health and safety.

Mineral extraction may be permitted under the following conditions:

(a) The activity is carried out in accordance with a site plan approved by the Planning Board in accordance with Article XII.

(b) Unless authorized pursuant to the Natural Resources Protection Act, Title 38, M.R.S.A., Section 480-C, no part of any extraction operation, including drainage and runoff control features, shall be permitted within 100 feet of the normal high water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and within 75 feet of the normal high water line of any other water body, tributary stream, or upland edge of a wetland. Extraction operations shall not be permitted within 75 feet of any property line, without written permission of the owner of such adjacent property.

(c) Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive twelve (12) month period, ground levels and grades shall be established in accordance with the following:

1. All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered.

2. The final grade slope shall be two to one (2:1) slope or flatter.

3. Topsoil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.

(8) In addition to Federal or State permits which may be required for such structures and uses, piers, docks, wharves, breakwaters, causeways, marinas, bridges over 20 feet in length, and uses projecting in water bodies shall conform to the following standards: (All references to Inner Harbor, Outer Harbor, and Coastal Harbor shall mean those areas as defined in the Harbor Rules and Regulations of the Town of Camden.)

(a) Height of walkway of piers and wharves in the shoreland area adjacent to the Inner Harbor and Outer Harbor areas as defined in the Harbor Rules and Regulations of the Town of Camden shall not exceed five feet above mean high water. In the shoreland area adjacent to the Coastal Harbor, the height shall not exceed ten feet above mean high water.

(b) The maximum width of the walkway of the pier in the shoreland area adjacent to the Coastal and Outer Harbor areas shall not exceed 4' (four feet). The overall width of the pier at the walkway shall not exceed 6' (six feet). Piers and wharves in the shoreland area adjacent to the Inner Harbor area shall not exceed 12' (twelve feet) in width. The width of the base of the pier shall be in conformance to standard engineering practices.

(c) Fender pilings, bollards, railings, or other accessory structures which extend above the walkway or a pier or wharf shall be limited to a height of 6' (six feet) above the walkway. Railings shall be substantially open in construction to minimize visual interference from both shore and water.

(d) No pier shall be constructed within 30' (thirty feet) (horizontal distance) of the point where the property line intersects the Harbor line in the shoreland area adjacent to the Coastal and Outer Harbor areas. In the Inner Harbor area there shall be no required setback except where a business district abuts a residential district in which case the setback shall be 10' (ten feet) from the line between the two districts.

(e) No pier shall be built within 300' (three hundred feet) as measured along the shoreline from an existing or from an approved pier, wharf, or breakwater, except in the shoreland area adjacent to the Inner Harbor area of the Shoreland Zone where separation between piers shall not be less than 40' (forty feet) and, except where the Harbor Business District abuts a residential district, the separation between piers shall be no less than 20' (twenty feet).

(f) The location of the structure or the use of the facility shall not conflict with the applicable sections of the Harbor Rules and Regulations of the Town of Camden.

(g) No structures shall be permitted on piers, wharves, or breakwaters, except temporary structures and permanent nonbuilding type structures allowed under the regulations of that District.

(h) No filling is permitted beyond the officially established Harbor Line except in connection with construction of a municipal pier or boat ramp.

(8A) Consolidated Piers

(a) Where permitted by the District Regulations section of this Ordinance, consolidated piers shall comply with the following standards:

1. Participating property owners shall have combined continuous, contiguous frontage of at least 600' (six hundred feet).

2. The pier shall not be constructed within 30' (thirty feet) (horizontal distance along the shoreline) of the exterior property lines of the combined properties, as the pier intersect the harbor line.

3. The maximum width of the walkway of the pier shall not exceed 6' (six feet). Height of the walkway shall not exceed 5' (five feet) above mean high water.

4. The width of the base of the pier shall be in conformance with standard engineering practice.

5. No pier shall be constructed within 300' (three hundred feet) as measured along harbor line from an existing or from an approved pier, wharf, breakwater, or other similar construction.

6. Construction of a pier shall not be such as to substantially impede the public's right of passage over the shores and flats.

7. Where two or more property owners combine to participate in a consolidated pier under this provision, common use easements shall be provided for the use of the pier.

8. Pier rights on contributing properties shall be relinquished by the property owners in a written instrument.

9. Recordable instruments or agreement on cross-easements shall be submitted with the application and certified by the applicant(s) in writing to the Planning Board.

(b) Procedure

In addition to those called for under the Site Plan Review section of this Ordinance, the following procedures will be followed for consolidated piers:

1. Application shall be made to the Code Enforcement Officer

(i) Property shall be identified as for site plan review
(ii) Proof of ownership shall be provided
(iii) A copy of the written agreement between the participants shall be submitted with the application.

2. The application will be referred to the Planning Board for approval under the site plan review section of this Ordinance. The Planning Board shall obtain input from the Harbor Committee, and may solicit information from the Conservation Commission, as well as other appropriate Town officials and committees. All federal and state permits shall have been obtained prior to making the application to the Town.

(8B) Bulkheads

(a) After all applicable Federal and State permits have been obtained, existing bulkheads may be repaired or replaced, providing the replacement or repair does not extend beyond the harbor line.

(b) New bulkheads shall be constructed in conformance with generally accepted engineering practice subject to obtaining all applicable Federal and State permits. New bulkheads shall not extend beyond the harbor line.

(9) Lots and Structures

All land use activities within the shoreland area, except in the Downtown Business B-1, the Transitional River Business (B-TR), the River Business (B-R), and the Harbor Business B-H districts, shall conform with the space and bulk standards of the districts in which they are located or with the following standards, whichever are the stricter:

(a) Minimum Lot Standards

(b) Land below the normal high water line of a water body or the upland edge of a wetland shall not be included toward calculating the minimum lot area.

(c) The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

(d) Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land for purposes of calculating the lot area and dimensional requirements set forth in the Ordinance unless such road was established by the owner of land on both sides of that road after September 22, 1971.

(e) If more than one (1) residential dwelling unit or more than one (1) principal commercial or industrial structure is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling unit or principal structure, except for dwelling units, or commercial or industrial structures located in the Downtown Business (B-1), the Transitional River Business (B-TR), the River Business (BR), and the Harbor Business (B-H) districts.

(f) In the event that lodging facilities are permitted or are permitted as a special exception in the zoning district, then any such lodging facilities located in the shoreland area of the zoning district shall be allowable provided that all applicable standards contained in this Ordinance are met, including the residential shore frontage and minimum lot size requirements for each rental unit. Lodging facilities located in the Downtown Business, Transitional River Business, River Business, and Harbor Business Districts are exempt from this provision.

(g) The establishment of the first floor elevation or openings of all buildings and structures and including basements, located in a shoreland area shall comply with the requirements and provisions of the Flood Plan Management Ordinance of the Town of Camden, being Chapter IV of the Camden Code.

(h) The total area of all structures, parking lots and other nonvegetated surfaces on a lot shall not exceed twenty per cent (20%) of the lot or a portion thereof located within the shoreland area, including land area previously developed; except in the Harbor Business (B-H), the Transitional River Business (B-TR), the Downtown Business (B-1), and the River Business (B-R) districts.

(i) Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of unstable soils provided that the structure is limited to a maximum of three feet in width, that the structure does not extend below or over the normal high water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38, Section 480-C), and that the applicant demonstrates that no reasonable access alternative exists on the property.

(j) All new principal and accessory structures and substantial expansions of legally existing non-conforming buildings or structures within the shoreland area in the Natural Resources Protection, Rural 1, Rural 2, Rural Recreation, Coastal Residential, Village Extension, and Traditional Village districts shall be set back at least seventy-five (75) feet from the normal high water line of a water body or upland edge of a wetland. All new principal and accessory structures and substantial expansions of legally existing non-conforming buildings and structures within the shoreland area in the River Business (B-R) district shall be set back at least thirty (30) feet from the normal high water line of the water body or upland edge of a wetland. For purposes of this subsection, a substantial expansion of such a building or structure shall be an expansion which increases either the volume or floor area by more than thirty (30%). This setback shall neither apply to structures which require direct access to the water as an operational necessity, such as piers, docks, and retaining walls, nor to other water-dependent uses. This subsection is not intended to prohibit a less than substantial expansion of a legally existing non-conforming structure, provided that the expansion does not create further non-conformity with the water setback requirement. This subsection does not apply to the setback requirements in the Harbor Business (B-H) district and in the Harbor Business (B-H) district an expansion of a legally existing non-conforming building or structure which is less than a substantial expansion is prohibited unless allowed by the provisions of Article VIII, Section 12 (e) (2).

In addition, notwithstanding any other provision of this Ordinance, new principal and accessory structures, and substantial expansions of legally existing non-conforming buildings and structures, within the shoreland area in any zoning district shall be set back at least 100 feet from the normal high water line of any great pond classified GPA.

(10) Road Crossings

(a) Road crossings of watercourses shall be kept to the minimum number necessary.

(b) Bottoms of culverts shall be installed at stream bed elevation.

(c) All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise stabilized as soon as possible.

(d) Bridges or culverts of adequate size and design shall be provided for all road crossings of watercourses which are to be used when surface waters are unfrozen.

(e) Roads

1. New permanent roads and driveways shall be set back at least one hundred (100) feet from the normal high water line of a great pond, classified GPA, or a river that flows to a great pond, classified GPA, and seventy-five (75) feet from the normal high water line of other water bodies, tributary streams, or the upland edge of a wetland, unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50) feet upon clear showing by the applicant to the Board that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may include, but are not limited to, the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. This paragraph shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline due to an operational necessity.

2. Existing public roads may be expanded within the legal road right-of-way regardless of its setback from the water body or wetland.

(11) Septic Waste Disposal

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.

(a) The minimum setback for new subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high water line of a perennial water body, except that the septic tank may be located seventy-five (75) feet from the normal high water line of a water body if tested and found to be water tight in the presence of the Local Plumbing Inspector. Minimum setbacks for new subsurface sewage disposal systems shall not be reduced by variance.

(b) Replacement systems shall meet or exceed the standards for replacement systems as contained in the Rules.


(12) Timber Harvesting

(a) Within a shoreland area zoned as a Natural Resource Protection District abutting a great pond, there shall be no timber harvesting within the strip of land extending seventy-five (75) feet inland from the normal high water line, except to remove safety hazards.

(b) Except in areas described in Paragraph (a) above, timber harvesting shall conform with the following provisions:

1. Within 100 feet, horizontal distance, of the normal high water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and within 75 feet, horizontal distance, of the normal high water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clear cut openings and a well distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.

2. At distances greater than 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, and greater than 75 feet, horizontal distance, of the normal high water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, those openings shall be at least 100 feet apart. Such clear cut openings shall be included in the calculation of total volume removal. For purposes of these standards, volume may be considered to be equivalent to basal area. In addition:

(i) Selective cutting of 40 percent of the total volume of trees 4 inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any 10 year period is permitted, provided that a well distributed stand of trees is maintained. Clear cut opening as permitted in paragraph 2 above shall be included in this calculation.

NOTE: The provisions contained in paragraph 2 above shall not apply to land areas located greater than 75 feet, horizontal distance, from the normal high water line of streams since the shoreland area extends only 75 feet from the normal high water line of a stream.

3. No accumulation of slash shall be left within seventy-five (75) feet of the normal high water line of a water body. In all other areas slash shall be disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground. Any debris that falls below the normal high water mark of a water body or within a wetland shall be removed.

4. Timber harvesting equipment shall not use stream channels as travel routes except when:

(i) Surface waters are frozen; and

(ii) The activity will not result in any ground disturbance.

5. All crossing of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.

6. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

7. Except for water crossings, ski trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy-five (75) feet in width for slopes up to ten (10) percent shall be retained between the exposed mineral soil and the normal high water line of a water body or upland edge of a wetland. For each ten (10) percent increase in slope, the unscarified strip shall be increased by twenty (20) feet. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty-five (25) feet from the normal high water line of a water body or upland edge of a wetland.

(13) The subdivision of land containing less than 750 feet of shoreline and within the 250 feet shoreland area, must provide at least one right-of-way 25 feet in width to water for community use. The subdivision of 750 feet or more of shoreline must provide a 50 foot right-of-way to water for community use for each 750 feet of shoreline. Land in the Downtown Business (B-1), the Transitional River Business (B-TR), the River Business (BR), and the Harbor Business (B-H) districts shall be exempt from this standard.

(14) Clearing of Vegetation for Development

(a) Within a shoreland area zoned as a Natural Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending seventy-five (75) feet inland from the normal high water line, except to remove safety hazards.

Elsewhere, in any Natural Resource Protection District the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

(b) Except in areas as described in paragraph a, above, and except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and within a strip of land 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

1. There shall be no cleared opening or openings greater than two hundred fifty (250) square feet in the forest canopy as measured from the outer limits of the tree crown. However, a footpath not to exceed ten (10) feet in width and measured from trunk to trunk and created such that a cleared line of sight to the water is not created, is permitted. Adjacent to a great pond, or stream or river flowing to a great pond, the width of the footpath shall be limited to six (6) feet in width.

2. There shall be permitted in any ten (10) year period selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter, measured at four and a half (4 1/2) feet above ground level, provided that a well-distributed stand of trees and a crown canopy of at least seventy (70) percent is maintained.

3. In order to protect water quality and wildlife habitat, adjacent to great ponds, and streams and rivers which flow to great ponds, existing vegetation under three (3) feet in height and other ground cover shall not be removed, and a well-distributed stand of other natural vegetation, including trees under four (4) inches in diameter, shall remain.

In shoreland areas adjacent to other water bodies, vegetation less than four (4) inches in diameter at four and a half (4 1/2) feet above ground level may be pruned and thinned provided that sufficient numbers of trees and other vegetation are retained to ensure adequate regeneration of the overstory and to retard erosion.

4. Pruning of tree branches on the top 2/3 of the tree is prohibited.

5. In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

The provisions contained in paragraph (b) above do not apply to those portions of publicly owned recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.

(c) At distances greater than 100 feet, horizontal distance, from a great pond classified GPA or a river flowing to a great pond classified GPA, and at distances greater than 75 feet, horizontal distance, from the normal high water line of any other water body, or the upland edge of a wetland, except to allow for the development of permitted uses, there shall be permitted on any lot, in any 10 year period, selective cutting of not more than 40% of the volume of trees, 4 inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in connection with the development of permitted uses shall be included in the 40% calculation. For purposes of these standards, volume may be considered to be the equivalent to basal area.

In no event shall cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate 25% of the lot area or 10,000 square feet, whichever is greater, including land previously developed. This provision shall not apply to the Downtown Business (B-1), the Transitional River Business (B-TR), River Business (BR), and the Harbor Business (B-H) districts.

NOTE: The provision of paragraph (c) above shall not apply to land areas located greater than 75 feet from the normal high water line of a stream since the shoreland area extends only 75 feet from the normal high water line of a stream.

(d) Cleared openings in existence on the effective date of this Ordinance may be maintained, but they shall not be enlarged, except as permitted by this Ordinance.

(15) Storm Water Runoff

(a) All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas shall be retained in order to reduce runoff and encourage infiltration of storm waters.

(b) Storm water runoff systems shall be maintained as necessary to ensure proper functioning.

(16) Essential Services

(a) Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

(b) The installation of essential services is not permitted in a Natural Resource Protection District except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

(17) Soils

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties and can provide proof of this training and expertise in a manner specified by the Department of Human Services. The report shall be based upon an analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include both a soils map and recommendations for a proposed use to counteract soil limitations where they exist.

(18) Commercial and Industrial Uses

(a) The following new commercial and industrial uses are prohibited within the shoreland area adjacent to great ponds, and rivers and streams which flow to great ponds:

1. Auto washing facilities
2. Auto or other vehicle service and/or repair operations, including body shops
3. Chemical and bacteriological laboratories
4. Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms
5. Commercial painting, wood preserving, and furniture stripping
6. Dry cleaning establishments
7. Electronic circuit assembly
8. Laundromats, unless connected to a sanitary sewer
9. Metal plating, finishing, or polishing
10. Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas
11. Photographic processing
12. Printing

(b) For the purposes of this Ordinance lobster, scallop, mussel and similar fishing activities shall not be considered a commercial activity provided that:

1. The activity involves only one boat which is less than forty (40) feet in length;
2. The operation employs no more than two (2) persons including the owners; and
3. No wholesale or retail sales of the catch occurs on-site unless conforming to the standards of a home occupation.

(19) Water Quality

No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body.

(20) Archaeological Sites

In the event that a proposed land use activity involves structural development or soil disturbance on or adjacent to sites listed on, or eligible to the be listed on the Maine Historic Preservation Commission list, then the permitting authority shall submit a notice of that land use activity to the Maine Historic Preservation Commission at least twenty (20) days prior to action by that permitting authority on the application. The permitting authority shall consider any comments received from the Commission prior to rendering a decision on the application so long as the comments are received as of the scheduled date for decision.

(21) Meaning of "Well-Distributed Stand of Trees and Other Vegetation"

For purposes of this section of the Ordinance, a 'well-distributed stand of trees and other vegetation' adjacent to a great pond classified GPA or adjacent to a river or stream flowing to a great pond classified GPA, shall be defined as maintaining a rating score of 12 or more in any 25-foot by 25-foot (625 square feet) area as determined by the following rating system.

Adjacent to other water bodies, tributary streams, and wetlands, a `well-distributed stand of trees and other vegetation' is defined as maintaining a minimum rating score of 8 per 25-foot square area.

Note: As an example, adjacent to a great pond, if a 25-foot x 25-foot plot contains three (3) trees between 2 and 4 inches in diameter, three trees between 4 and 12 inches in diameter, and three trees over 12 inches in diameter, the rating score is:
(3x1) + (3x2) + (3x4) = 21 points
Thus, the 25-foot by 25-foot plot contains trees worth 21 points. Trees totaling 9 points (21-12=9) may be removed from the plot provided that no cleared openings are created.

Notwithstanding the foregoing definition, no more than 40% of the total volume of the trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten (10) year period.

Part I, Section 2. High Elevation Areas

(1) Applicability

This section applies to lands more than 500 feet above mean sea level, as shown on the High Elevation Areas map located in the Code Enforcement Office. Land uses in high elevation areas shall be limited to residential, agricultural, forest management, and nonintensive recreational activities, except that within the Rural Recreation District, ski trails and related facilities also shall be allowed.

(2) Special Space and Bulk Standards

(a) Notwithstanding the requirements of Article VIII, District Regulations, and Article IX, Open Space Zoningg, lots wholly in high elevation areas shall not be clustered in the pattern of open space residential development.

(b) For lots wholly within the high elevation area, the minimum lot size in the Rural-1 District shall be 7 acres, with a maximum residential density of one unit per 7 acres; and the minimum lot size in the Rural-2 District shall be 4 acres, with a maximum residential density of one unit per 4 acres. Elsewhere, the minimum lot size shall be 3 acres, with a maximum residential density of one unit per 3 acres.

(c) Maximum ground coverage of that portion of the lot in a high elevation area shall be five percent.

(3) Special Performance Standards

(a) In addition to all other applicable performance standards in this ordinance, the following special performance standards shall apply in high elevation areas in all districts except the Rural Recreation District.

(b) Except as provided in paragraphs (c) and (d) below, existing vegetation shall be retained as a natural visual screen between structures located more than 500 feet above mean sea level and public roadways below this level.

(c) Existing vegetation may be removed to allow driveway access, not to exceed 20 feet in width, to structures.

(d) Tree cutting for noncommercial or forest management purposes is permitted, provided that no more than 40 percent of existing trees five or more inches in diameter, measured two feet above the ground, are removed from any contiguous stand or grouping of trees. In no case shall the area of continuous clearing exceed 7,500 sq. ft.

(e) No development, tree cutting, or clearing of land shall be allowed on slopes which are in excess of 25 percent in their natural state. Roads, driveways, or other access ways shall not be constructed on slopes which are in excess of 25 percent in their natural state, either in high elevation areas or en route to high elevation areas.

(f) The highest point of any structure in a high elevation area within 1,000 feet of any segment of a ridge line shown on the High Elevation map on file in the Town Office shall be at least 10 feet below the elevation of said segment. If the site is wooded, the height of the structure shall not exceed 75 percent of the average height of the tree canopy within a 100-foot radius of the proposed building site.

(g) Any structure built in a high elevation area shall be finished with materials and colors that blend into the natural setting so as to minimize visual impacts.

Part I, Section 3. Historic Areas

(1) Applicability

This Section applies to lots designated as historic and so identified on the Historic Areas Overlay Map in the Code Enforcement Office. In general, these areas shall consist of properties listed on the National Register of Historic Places.

(2) Special Performance Standards

In addition to all other applicable performance standards in this Ordinance, all projects proposed by the Town or by the state or federal governments that affect properties within the designated Historic Areas shall be reviewed for the Selectmen by the Historic Resources Committee, and no such project shall proceed without the authorization of the Selectmen. The Committee shall evaluate the impact of such projects using the current edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

Part II. Performance Standards Generally

Part II of Article X contains performance standards applicable generally in the Town. The performance standards contained in this Part shall apply to all uses and activities in the Town, unless otherwise specified, whether or not specific approval or a permit is required.

Part II, Section 1. Environmental

(1) Sewage Disposal

Any use which relies on the soils for treatment of wastewater shall comply with the requirements of the Maine State Plumbing Code. The discharge of wastewater other than to soils shall be to the public sewer system in compliance with the Town Sewer Ordinance or to another system in compliance with the regulations of the Maine Department of Environmental Protection.

(2) Soils and Earth-Moving

(a) Erosion Control

No person shall perform any act or use of the land in a manner which could cause substantial or avoidable erosion or significantly alter existing patterns of natural water flow in the Town.



(b) Excavation and Extraction of Minerals

Any excavation or filling of land or extraction of minerals causing the removal or filling of earth in volumes exceeding one hundred (100) cubic yards in a period of one (1) year shall require an excavation permit from the Code Enforcement Officer. If the excavation or filling affects an area greater than 10,000 sq. ft. within a five-year period, site plan review also shall be required.

Standards for granting of a permit for extraction of minerals or excavation or filling of land are as follows:

(i) The activity will not create a condition adversely affecting the natural drainage of the land;

(ii) No excavation shall be extended below the grade of adjacent streets unless 100 feet from the street line or unless provision has been made for reconstruction of the street at a different level;

(iii) Sufficient topsoil or loam shall be retained to cover all excavated areas, so that they may be seeded and restored to natural conditions;

(iv) No topsoil shall be removed, except for approved construction and landscaping, from lands which, due to their soil characteristics, are identified as prime farm land.

The excavation or filling of earth for driveways, septic systems, or foundations in connection with projects that also require a building permit are excluded from the requirement of obtaining an excavation permit from the Code Enforcement Officer.

(3) Storm Water Drainage

(a) Storm water drainage systems shall be designed to minimize the volume and rate of outflow from the development.

(b) Design, construction, and maintenance of drainage facilities shall accommodate at a minimum, a 25-year storm frequency of 2-hour duration.

(4) Dust, Fumes, Vapors, and Gases

Emission of dust, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation, or property, or which could soil or stain persons or property, at any point beyond the lot line of the commercial or industrial establishment creating that emission shall comply with applicable Federal and State regulations.

(5) Odors

No land use shall be permitted to produce offensive or harmful odors perceptible beyond their lot lines either at ground or habitable elevation.

(6) Glare

No land use shall be permitted to produce a stray, dazzling light or reflection of that light beyond its lot lines onto neighboring properties, or onto any public way so as to impair the vision of the driver of any vehicle upon that way.

(7) Wetlands

No construction of a building or structure shall be permitted and no road shall be constructed on any area defined as inland or fresh water wetlands in this Ordinance. The Code Enforcement Officer may require a certified wetlands plan, performed by a qualified soils scientist at the expense of the applicant for a building or use permit, to be submitted for any activity which takes place on a lot containing a wetlands.

Part II, Section 2. Keeping of Animals

Animals incidental to usual residential activities may be kept; provided, however, that any animal other than the usual household pets shall not be kept on a premise having a lot area less than two- and one-half acres, and shall be kept no closer than 50 feet to any property line.

Part II, Section 3. Screening and Landscaping

(1) General Standards

(a) For the purpose of this Ordinance, a canopy tree is a tree that reaches at least 35 feet in height at maturity. Canopy trees are used to help create identity and establish the character of an area, to help define large spaces, and to provide shade in the hotter months of the year. An evergreen tree is at least 35 feet at maturity. Evergreen trees are used to create year-round interest with their dominant forms and color, to screen or direct views, act as windbreaks, and to provide a backdrop for other elements of a site. An understory tree reaches 10 feet to 35 feet at maturity. Understory trees are used to provide eye-level landscaping features, to define minor spaces, and to provide a variety of form, color and accents to a site. Shrubs have mature heights of two to ten feet. They are used to form physical and visual barriers, add seasonal interest and color, and help define the scale and location of buildings.

(b) The plant materials defined in paragraph (a) shall meet the following minimum size standards at time of installation, with calipers measured at dbh (diameter at breast height):

(c) Plants required by this Section that die shall be replaced within one growing season.

(2) Parking Areas

(a) Interior Landscaping

1. In addition to required perimeter landscaping, at least five percent of the gross area of all parking lots with twelve or more parking spaces shall be landscaped. Parking lots and commercial parking garages in B-1, B-TR and B-H shall be exempt from this requirement.

2. The required interior landscaping shall include a minimum of one canopy tree, one understory tree, and five shrubs for every twelve parking spaces or fraction thereof. For every mature canopy tree that exists on the proposed site of a parking lot prior to the parking lot's development and that is retained and integrated into the parking lot's design, the number of required new canopy and/or understory trees may be reduced by two. If any such retained tree dies within five years of the date of the building permit issued for the development, it shall be replaced with two canopy trees meeting the standard of this Ordinance.

3. The landscaping shall be:

i. in planting areas at least 10 feet wide and located to demarcate the ends of parking rows and to channel pedestrian circulation;

ii. located to break up parking areas into smaller areas of no more than 50 parking spaces each; and

iii. designed to accommodate snow plowing and storage without damage to the plants and trees.



(b) Perimeter Landscaping

1. Abutting a public right-of-way

Where a parking area that includes five or more parking spaces abuts a public right-of-way, a continuous landscaped strip shall be established between the right-of-way boundary line and the parking area and shall be maintained in good condition. It shall be at least 6 feet wide and may be interrupted only by a driveway meeting the standards of this Ordinance. It shall be planted with at least one canopy tree per 35 linear feet of street frontage or fraction thereof exclusive of the width of the driveway. The plantings shall be designed and located so as not to interfere with sight distance along the right-of-way and traffic safety.

2. A commercial parking facility or a parking area serving a nonresidential use abutting a residential district or lot in residential use

Where a commercial parking facility or a parking area serving a nonresidential use abuts a residential district or a lot wholly or partially in residential use, a continuous landscaped buffer at least 10 feet wide shall be provided and maintained in good condition. The buffer may be interrupted only by a single pedestrian pathway at each abutting property line no more than five feet wide. The landscaped strip shall include, for each 100 feet of length, a minimum of two canopy or evergreen trees, four understory trees, and six shrubs. For every mature canopy or evergreen tree existing in the area prior to construction of the parking lot and preserved within the buffer area, the required number of new trees may be reduced by two. If any such retained tree dies within five years of the date of the building permit issued for the development, it shall be replaced with two canopy trees meeting the standard of this Ordinance.

3. A commercial parking garage above street level shall be exempt from any perimeter landscaping.

(3) Multifamily and Nonresidential Uses Abutting Residential Uses or District

(a) The required side and back yards of nonresidential uses that abut properties in residential district, or of multifamily uses that abut properties in single family residential use, shall be retained in their natural vegetated state to the maximum extent possible to provide a visual screen between uses.

(b) Where natural buffering does not exist, or is not possible to be retained, or is not sufficient to achieve an effective visual screen, the required side and back yards shall be landscaped to provide a visual screen between uses. The buffer shall be a minimum of 6 feet wide and may be interrupted only by a single pedestrian pathway at each abutting property line no more than five feet wide. The buffer shall include, for each 100 feet of length, a minimum of two canopy or evergreen trees, four understory trees, and six shrubs. For every mature canopy or evergreen tree existing area prior to the development and retained within the buffer area, the required number of new trees may be reduced by two. If any such retained tree dies within five years of the date of the building permit issued for the development, it shall be replaced with two canopy trees meeting the standard of this Ordinance.

(4) Front Yards of Multifamily and Nonresidential Uses

The required front yards of multifamily and nonresidential uses shall be maintained in a landscaped condition.

(5) Exposed Areas and Areas for Commercial Outdoor Storage of Boats

Exposed storage areas, areas for commercial outdoor storage of boats, exposed machinery installation, sand and gravel extraction operations, and areas for the storage or collection of discarded or uninspected vehicles, auto parts, metal or any other articles of salvage or refuse, shall have sufficient setbacks and screening to provide a visual buffer sufficient to minimize their adverse impact on surrounding properties. At a minimum, the screening shall include a dense evergreen hedge six feet or more in height. All such plantings shall be maintained as an effective visual screen. Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and be maintained in good condition.

(6) Low Impact Uses

The perimeters of parking lots on the sites of low impact uses, as required by Article X, Part II, Section 8 shall be landscaped to the same standards established for other parking lots, as set forth in this Section.

Part II, Section 4. Off Street-Parking and Loading Standards

(1) Off-Street Parking Requirements

(a) Off-street parking and loading shall be provided in accordance with the requirements of paragraphs (b) and (c) and subsection (4) for each project requiring a permit under Article V, Section 2 or Section 2(2) of this Ordinance (except as excluded from that requirement by Article V, Section 3).

(b) Off-street parking shall be provided and maintained in accordance with the following schedule:

1. Dwelling units

i. Dwelling units, including mobile homes, but excluding accessory apartments, elderly congregate housing and housing designed for and restricted to occupancy by elderly persons who receive assistance from governmental programs in the payment of rent:

2 spaces per unit

ii. Accessory Apartments:

1 space per unit

iii. Elderly congregate housing and housing designed for and restricted to occupancy by elderly persons:

1 space per unit

2. General business uses

i. The following shall require 1 space per 150 square feet of floor area:

Medical offices

ii. The following shall require 1 space per 250 square feet of floor area:

Retail establishments
Business and professional offices
Personal service establishments and banks
Sports and fitness centers

iii. The following shall require 1 space per 500 square feet of floor area:

Industrial, manufacturing, and warehousing uses

3. Lodgings

i. Motels and hotels:

1 space for each room offered for rent plus 3 spaces

ii. Inns and rooming houses:

1 space for each room offered for rent plus 2 spaces for each dwelling unit

4. Restaurants

1 space for each 4 seats in dining area plus 1 space for each 100 square feet of lounge, bar, and waiting area, plus 1 space for each exterior serving window

5. Commercial passenger vessels for hire, as defined in the Harbor and Waterways Ordinance, which require a victualer's license from the Town of Camden for the sale of food and/or drink.

1 space for each 4 passengers for which the vessel has capacity to serve

6. Schools

i. Commercial schools:

1 space for each 3 students, based on the maximum number of students attending the school at any one period in the day

ii. Day care centers and nursery schools:

1 space for each 6 children, based on the maximum number of children attending the facility at any one period in the day

iii. Public and private schools providing instruction for students up to and including those 15 years of age:

1 space for each room used for purposes of instruction

iv. Public and private schools providing instruction for students 16 years of age and over:

1 space for each 10 seats used for instruction or, if no fixed seats, 1 parking space for each 100 square feet used for purposes of instruction

7. Medical care facilities, excluding medical offices (see general business uses):

i. Hospitals:

1 space for each 2 beds

ii. Nursing and convalescent homes:

1 space for each 4 beds

8. Places of public assembly, theaters, halls

1 space for each 4 seats if fixed seating is provided; otherwise 1 space for each 100 square feet of area available for assembly

9. Churches

1 space for each 4 seats in principal assembly room; no additional parking spaces shall be required for other types of rooms, spaces, or uses

10. Campgrounds

1 space, plus 1 space for each site available for occupancy

Where a proposed use cannot be reasonably fit into one of the above categories, the Planning Board shall prescribe the required number of off-street parking spaces, based on projected use of and volume of traffic to the proposed facility.

(c) In computing the required off-street parking, the following rules shall apply:

1. The floor area used to determine the off-street parking requirement shall be the sum on the floors of the net floor area as defined in Article III.

2. If the number of parking spaces required is not a whole number, the partial space shall be counted as a whole space if the fraction is one-half or greater (e.g., 13.5 = 14 spaces; 13.4 = 13 spaces).

3. For buildings with two or more uses, the parking requirement shall apply to each use and the parking requirement for the building shall be the sum of the requirements for the individual uses.

4. In the case of an expansion of an existing building or structure, the required number of new spaces shall be the number of spaces required for the addition itself. The new spaces for the addition shall not be required to make up any deficit that may attend the original building or structure, if such building or structure was in lawful existence at the time of adoption of this Ordinance.

5. In the case of a change of use, the required number of spaces shall be the number of spaces required for the new use, except in the B-1 District. In the B-1 District, the required number of spaces shall be the number of spaces required for the new use itself minus the number of spaces which were required for the original use, whether or not such original use, if in lawful existence at the time of adoption of this Ordinance, actually provided its required number of spaces. Vacant or abandoned buildings or spaces, for which the original use cannot be determined, shall be deemed to have required 1 space per 350 square feet of gross floor area.

(d) In no case shall the number, dimensions, location, or layout of off-street parking spaces or areas as authorized by a building permit or pursuant to a plan approved by the Planning Board or the Zoning Board of Appeals be altered without prior approval of the permit granting authority.

(e) Off-street parking spaces used in the fulfillment of the requirements of this Section shall be available for use at all times and shall not be obstructed by trash receptacles, snow, leaves, or other debris, accessory structures or activities, or other obstacles that will prevent their use for off-street parking.

(f) No off-street parking area presently in conformance with this Section shall be made nonconforming as to number, dimensions, location, or layout of spaces; and no off-street parking area that is presently lawfully nonconforming with respect to number, dimensions, location, or layout of spaces shall be altered such that the nonconformity is worsened.

(2) Methods of Meeting Parking Requirements

(a) Off-street parking shall be provided by means of covered or uncovered spaces.

(b) The location of off-street parking shall be in a commercial parking facility located within 1000 feet of the principal use measured along lines of public roads.

(c) The location of the required off-street parking shall conform to one or a combination of the following methods:

1. The spaces are located on the same lot as the principal building or use; or

2. The spaces are located on a different lot than the principal building or use and the lot is held in the same ownership as the principal lot and an affidavit by the owner establishing the ownership as of the date of submission is submitted to the Code Enforcement Officer; or

3. The spaces are located on a different lot under different ownership and the spaces are leased to the principal use pursuant to paragraph (5)(d) (Terms of agreements and leases) of this Section; or

4. The spaces are located in a parking lot serving another use and:

i. The spaces are leased to the principal use pursuant to paragraph (5)(d) of this Section, and

ii. The owner of the principal use who supplies the spaces conforms with the minimum parking requirement of this Ordinance, after deducting spaces leased to a second or alternate use; or

iii. The Zoning Board of Appeals has approved the joint use of the parking spaces by 2 or more principal buildings or uses based upon a finding that the parking facility will substantially meet the intent of the parking regulations for each use by reason of variation in probable time of maximum use by patrons or employees among the various establishments, and

iv. Evidence of agreement between the parties jointly using the parking lot is submitted to the Code Enforcement Officer.

5. Upon application to the Zoning Board of Appeals the off-street parking requirement shall be waived for uses located in the Downtown, Transitional River Business, and Harbor Business Districts if one of the following conditions has been met:

i. In the event that a special parking district is created pursuant to the laws of the State of Maine and approved by the Town, offering cooperative solutions to the need for off-street parking, and the property is a participant in the district and the Code Enforcement Officer finds that the property is in full compliance with the rules and regulations pertaining thereto; or

ii. In the event that a parking trust fund, financed through an impact fee or other appropriate mechanism, is created by the Town for the Downtown and Harbor area, dedicated to the creation, acquisition, or construction of municipal off-street parking facilities, and the Code Enforcement Officer finds that the property is a participant in the trust fund; or

iii. A private or public system is established for satellite off-street parking lots, a shuttle service or park-and-ride program, or similar program by which customers and employees may park their vehicles outside of the Downtown, Transitional River Business, and Harbor areas and be brought into the area by common transportation, and the Code Enforcement Officer finds that the use is a participant in such a system for as long as the use for which the parking is required is in place. To qualify as meeting the terms of this Ordinance, the satellite lot or lots and shuttle service must be available to the use for the same hours, days, and months as the use is open for public business.

If the satellite lot or lots and shuttle service are in the same ownership as, and are operated by, the owner or operator of the use in question, evidence of such ownership or operation in the form of an affidavit shall be submitted annually to the Code Enforcement Officer on the anniversary of the building permit for which the parking spaces are required. If the satellite lot or lots or the shuttle service are in the ownership or control of another party, all leases and agreements for their use shall be for a term of not less than five (5) years, and no lapse, termination, or expiration of such leases and agreements shall create a lawful nonconforming situation, and evidence that such leases and agreements are in force shall be submitted annually to the Code Enforcement Officer on the anniversary of the building permit authorizing use of the satellite lot or lots and shuttle service. In no case shall the lapse of ownership pertaining to the satellite lot or lots or lapse of a shuttle or similar service create a lawful nonconforming situation.

In its review of an application for a waiver on account of participation on a satellite lot or lots and shuttle or similar service, the Zoning Board of Appeals may attach such conditions as it deems necessary to ensure that off-street parking is being provided and that the intent of this Ordinance is being met. The conditions may address areas such as, without limitation, a program to inform patrons of the availability of the satellite lot, provision of a safe drop-off point near the applicant's place of business or use, and the location of the satellite lot to be used.

(d) Terms of agreements and leases

Wherever a lease of parking spaces is used to meet the requirements of this section, the lessee of the spaces shall obtain a lease having a term of no less than 1 year, and in no case shall the lapse, termination, or expiration of the lease create a lawful nonconforming situation. The lease shall stipulate that the parking spaces will be in the continuous possession of the lessee and for the lessee's exclusive use, unless shared use of the parking spaces is otherwise authorized pursuant to paragraph (2)(c)4(iii) and (iv) of this Section.

(e) Evidence of compliance with parking requirements

The lease, agreement, or affidavit of ownership relating to use of a lot for parking other than the lot on which the principal building or use is located shall be submitted to the Code Enforcement Officer annually on the anniversary of the building permit authorizing the use for which the parking spaces are required, or upon the anniversary of any change of use, as evidence that the lease and/or agreement is in force and that the terms of this Section are continuing to be met. Failure to submit such evidence shall be a violation of this Ordinance (see Article V, Section 6, Penalties).

In addition to the requirements of Article X, Part II, Section 4 (2) (d), the lease relating to use of a lot for parking shall contain a provision requiring that the Owner of the commercial parking facility (Lessor) shall submit to the Lessee an annual list showing the number of leased spaces, the names of all Lessees, the expiration date of the leases, and the number of spaces available for lease, as evidence that the lease and/or agreement is in force and that the terms of this Section are continuing to be met. Failure of the Lessee to obtain such a list from the Owner (Lessor) and to submit that evidence to the Code Enforcement Officer by July 1 of each year shall cause the Lessee to be in violation of this Ordinance (See Article V, Section 6 - Penalties).

(3) Parking Facility Layout and Design

(a) No parking space shall be located in a buffer zone or landscaped area required by this Ordinance. Roadways and drives shall be permitted to cross buffer zones and required landscaped areas only to provide access to parking areas. Such crossings shall follow the shortest practical route between the property line and the parking area. Internal circulation within a parking area shall not be located within a buffer zone or required landscaping area.

(b) The following design standards shall apply to all parking areas for five or more vehicles:

1. Access drives and aisles shall be laid out to provide clear and orderly traffic flow. The minimum width of each aisle between parking stalls shall be thirteen (13) feet for angle parking of forty-five (45) degrees or less, eighteen (18) feet when spaces are angled from forty-five (45) to sixty (60) degrees, and twenty-four (24) feet when spaces are angled sixty (60) to ninety (90) degrees from the aisle direction.

2. Appropriate driveways from streets or alleys shall be provided. Multifamily residential uses shall be served by driveways no less than ten (10) feet wide nor more than twenty-five (25) feet wide, and no such driveway shall be located within one hundred (100) feet of the center of an intersection of two roads used by the public. Commercial and industrial uses shall be served by driveways no less than fifteen (15) feet wide nor more than forty (40) feet wide, and no such driveway shall be located within one hundred (100) feet of the center of an intersection of two roads used by the public. Where appropriate, a separation island may be placed in a driveway and the maximum width increased by the width of the island. Lots with less than 150 feet of frontage shall be limited to one driveway for access , while lots with 150 feet or more of frontage shall have not more than two.

3. Parking spaces for residential uses shall be seventeen (17) feet long and eight (8) feet six (6) inches wide.

4. Parking spaces for non-residential uses shall be seventeen (17) feet long and eight (8) feet six (6) inches wide; provided, however, that in lots with more than 20 spaces, not more than 20% of the spaces may be reserved for small cars and these parking spaces reduced to sixteen (16) feet long and eight (8) feet wide.

5. Parking spaces for industrial, warehouse and similar uses shall be at least seventeen (17) feet long and eight (8) feet six (6) inches wide. Motorcycle parking spaces at least ten (10) feet long and five (5) feet wide may be substituted for not more than 10% of the required parking.

6. The parking area shall include screening and landscaping in conformance with Article X, Part II, Section 3.

7. The surface of driveways, maneuvering areas and parking areas shall be uniformly graded with a sub-base consisting of at least ten (10) inches of well compacted gravel topped with a wearing surface at least equivalent in qualities of compaction and durability to fine gravel.

(c) In the case of an existing unmarked parking lot, instead of following standards of subsection (b) above, the capacity of the existing parking lot may be determined by deducting the required buffer zone space from the total area available and dividing the resulting square footage by 300 square feet; calculations to be submitted to the Code Enforcement Officer and approved before spaces may be leased for off-premise parking requirements.

(4) Off-Street Loading Standards

Retail, wholesale, and industrial operations with a gross floor area of more than 5,000 sq. ft. shall provide one loading bay, with a minimum dimension of fourteen (14) feet by fifty (50) feet, for each 60,000 sq. ft. of floor area or fraction thereof. Any required bay or bays shall be in addition to the required off-street parking. (5) Corner Clearance

For the purposes of traffic safety, no building or structure may be erected nor any vegetation other than canopy trees maintained above a height of three (3) feet within the triangle formed by the point of intersection of the center line of two intersecting roads and the two points located on the center line of the roads 40 feet from the point of intersection.

Part II, Section 5. Lots

(1) Corner Lots

Corner lots shall conform to the front yard requirements on each street and the side yard requirements between structures and the adjoining property on each street.

(2) Front Yard Averaging

The prescribed front setback may be lessened without a variance at the option of the property owner to conform with the average setback of existing buildings located in the same zoning district on immediately adjacent lots.

Part II, Section 6. Fences

Fences located within a required front, back or side setback area shall not exceed six feet in height.

Part II, Section 7. Home Occupations

(1) The occupation or profession shall be carried on wholly within the principal building(s) and/or within building(s) or other structure(s) accessory thereto.

(2) There shall be not more than one full-time or two part-time employees not resident in the place of business. This limitation on number of employees shall extend to all non-family employees working on the premises, but shall not extend to employees who do not work on the premises. Any employee working 30 hours or more in a week shall be considered full-time.

(3) There shall be no exterior storage of materials, no exterior display or other exterior indications of the home occupation other than one sign which shall be attached to the building, shall not exceed four square feet in area, and shall contain no more than the name and business of the proprietor. There shall be no other variation from the residential character of the principal building.

(4) No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical disturbance shall be generated. In furtherance of the standard, no commercial or industrial machinery, ovens or other equipment normally associated with a commercial or industrial scale facility shall be used by a home occupation to process goods, materials, or foods.

(5) A home occupation located in a Rural-1, Rural-2, Coastal Residential, Village Extension, or Traditional Village district shall not be permitted if it would generate more than a daily average of ten vehicular trip ends on week days, based on data contained in the latest edition of "Trip Generation," published by the Institute of Transportation Engineers, or if it in fact generates more than an average of ten trip ends per day in any seven day period. Nor shall the home occupation make or receive shipments in trucks more than 3 times in a seven day period.

(6) The home occupation shall not require, nor shall it provide, more than two off-street parking spaces in addition to the off-street parking spaces provided to meet the normal requirements of the dwelling. The number of spaces required shall be based on the standards contained in Part II, Section 4 of this Article, or, if the type of use cannot be classified as one of the uses listed in Part II, Section 4, the number may be based on the average rates per 1,000 square feet of building area for peak parking spaces occupied as identified in the latest edition of "Parking Generation," published by the Institute of Transportation Engineers.

(7) The home occupation shall not utilize more than 50% of the total floor area of the dwelling unit plus accessory structure(s).

(8) The home occupation shall include the retailing only of items actually produced on the premises and of other items clearly incidental thereto.

(9) Where more than one home occupation is carried on in a dwelling and/or its accessory structure(s), the standards contained herein relating to number of employees, signs and exterior appearance, traffic generated, and the percentage of floor space used shall apply cumulatively, such that all home occupations taken together shall not exceed the standards for one home occupation.

Part II, Section 8. Approval of State Fire Marshall

All businesses and all multifamily dwellings which contain two or more floors shall conform with State Law requirements concerning approval by the State Fire Marshall.

Part II, Section 9. Mobile Home Parks

All mobile home parks shall conform to the standards set forth in this section of Article X. Mobile home parks are also subject to the requirements of the Subdivision Ordinance of the Town of Camden and other applicable state laws, local ordinances and regulations. Notwithstanding the definition of "lot" to the contrary, the use of the term "mobile home park lot" refers to the leased area on which a mobile home is located.

(1) Placement of Units on Lots

Within a licensed mobile home park, which has been approved by the Planning Board in accordance with the Subdivision Ordinance of the Town of Camden, units of manufactured housing or older mobile homes shall be placed upon mobile home park lots. Each lot shall be occupied by only one unit of manufactured housing or by one older mobile home. Each such unit of housing shall be placed on a pad.

(2) Lot Requirements

Notwithstanding the minimum lot area requirements of Article VIII of this Ordinance, mobile home park lots in a mobile home park shall meet the following lot area and lot width requirements:

(a) Lots served by individual subsurface waste water disposal systems:

(b) Lots served by one or more centralized subsurface waste water disposal systems serving two or more dwelling units and approved by the Maine Department of Human Services:

(c) Lots served by a public sewer system:

Mobile home park lots located within any designated shoreland area shall meet the lot area, lot width and shore frontage requirements of the zoning district in which that lot is located, or the requirements for the shoreland area pursuant to Article X, Part I, Section 1(9), whichever are stricter.

(3) Overall Density

Notwithstanding the lot requirements set forth above, the overall density of any mobile home park served by a central, on-site, subsurface waste water disposal system approved by the Maine Department of Human Services shall not exceed one dwelling unit for each 20,000 square feet.

(4) Setbacks

On lots which abut a public way, either within the park or adjacent to the park, the individual manufactured housing unit or older mobile home unit shall be placed upon those lots in such a manner that the individual unit is set back from the public way according to the setback requirements applicable to other residential developments in the zoning district in which the mobile home lot is located.

On lots which are located in a shoreland area, the individual units shall be placed upon the lots in such a manner that the setback requirements, measured from the normal high water mark required in that zoning district, are met.

Individual units shall be so located on individual mobile home park lots that all parts of the structure of the individual unit are a minimum of fifteen feet from all boundary lines of the individual lot, and a minimum of thirty feet from any other unit; subject to the provision that such setbacks do not have the effect of requiring lots larger than the minimum lot areas set forth in paragraph 2 of this Section. Where a mobile home was lawfully placed on a lot prior to the date of adoption of this Ordinance such that it does not meet these setbacks, it may be replaced by another mobile home in the same location on the lot, as long as the nonconforming aspect of the original placement is not worsened.

(5) Buffer Requirements

If a mobile home park is proposed within a residential district at a density which is at least twice the density of existing adjacent development, or at least twice the density permitted in the zoning district in which the mobile home park is proposed to be located in the event that the adjacent land is undeveloped, the mobile home park shall be designed with a fifty-foot wide buffer strip along the perimeter boundary lines of that property. The buffer strip shall be maintained as a landscaped area containing no structures. Roads may cross the buffer strip to provide access to the park, and to provide access to utilities.

Within the first twenty-five feet of the buffer strip, as measured from the exterior boundaries of the park, the buffer strip shall be improved and maintained in accordance with Article X, Part II, Section 3(3), Multifamily and Nonresidential Uses Abutting Residential Uses or Districts, of this Zoning Ordinance.

(6) Open Space Reservation

For a mobile home park served by a public sewer system, an area equaling 10% of the combined area of the individual lots within the mobile home park shall be set aside and reserved as open space to meet the recreational and community needs of the residents of the mobile home park. The area reserved as open space shall be suitable for use by residents for recreational purposes, or for use by residents for storage. In addition, the area reserved for open space may be used for those uses specifically set forth in Article IX, Section 5(3) of this Zoning Ordinance. The reserved open space shall have slopes of less than 5%, shall not be located on poorly or very poorly drained soils, and shall be accessible directly from roads within the mobile home park.

(7) Road Standards

The layout, design and construction of roads within the park shall conform to the following standards:

(a) The road system shall be designed to provide safe and convenient access to all lots within the park and shall provide for all-season emergency vehicle access to every unit in the park.

(b) Roads within a mobile home park which the applicant proposes to dedicate as public ways shall be designed and constructed in accordance with the Article VI, Section 3 Design and Construction Standards of the Subdivision Ordinance.

(c) Roads within a mobile home park which the applicant proposes to remain private ways shall meet the following minimum standards:

(1) The roads shall be designed by a professional engineer, registered in the State of Maine.

(2) The roads shall have a minimum right-of-way of twenty-three (23) feet.

(3) The roads shall have a paved travel surface with a minimum width of twenty (20) feet.

(4) The construction of these roads shall meet the standards of the Manufactured Housing Board.

(d) The roads and lots shall be laid out so that no lot within the park shall have direct vehicular access onto a public street.

(e) Any mobile home park expected to generate average daily traffic of two hundred (200) trips per day or more shall have at least two (2) street connections with existing public streets. Any street within a park with an average daily traffic of two hundred (200) trips per day or more shall have at least two (2) street connections leading to existing public streets, other streets within the park, or other streets shown on an approved subdivision plan.

(f) The intersection of any street within a park and an existing public street shall meet the following standards.

(1) Angle of Intersection. The desired angle of intersection shall be 90 degrees. The minimum angle of intersection shall be 75 degrees.

(2) Maximum Grade within one hundred (100) feet of intersection. The maximum permissible grade within one hundred (100) feet of the intersection shall be 3 percent.

(3) Minimum Sight Distance. A minimum sight distance of ten (10) feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distances shall be measured from the driver's seat of a vehicle that is ten (10) feet behind the curb or edge of shoulder line with the height of the eye three and a half (3 1/2) feet above the pavement and the height of object four and a quarter (4 1/2) feet.

(4) Distance from other intersections. The centerline of any street within a park intersecting an existing public street shall be no less than one hundred twenty-five (125) feet from the centerline of any other street intersecting that public street.

(g) Any application for approval of a mobile home park shall contain an estimate of the average daily traffic projected to be generated by the park. Estimates of traffic generation shall be based on the Trip Generation Manual, current edition, published by the Institute of Transportation Engineers. If the park is projected to generate more than 400 vehicle trip ends per day, the application shall also include a traffic impact analysis, by a registered professional engineer with experience in transportation engineering.

(8) Groundwater Impacts

(a) Assessment Submitted

Accompanying an application for approval of any mobile home park which is not served by public sewer shall be an analysis of the impacts of the proposed mobile home park on ground water quality. The hydrogeologic assessment shall be prepared by a Certified Geologist or Registered Professional Engineer, experienced in hydrogeology and shall contain at least the following information.

(1) A map showing the basic soils types.

(2) The depth to the water table at representative points throughout the mobile home park.

(3) Drainage conditions throughout the mobile home park.

(4) Data on the existing ground water quality, either from test wells in the mobile home park or from existing wells on neighboring properties.

(5) An analysis and evaluation of the effect of the mobile home park on groundwater resources. The evaluation shall, at a minimum, include a projection of post development nitrate-nitrogen concentrations at any wells within the mobile home park, at the mobile home park boundaries and at a distance of one thousand (1,000) feet from potential contamination sources, whichever is a shorter distance. For mobile home parks within the watershed of a land or pond, projections of the development's impact on groundwater phosphate concentrations shall also be provided.

(6) A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the mobile home park and within two hundred (200) feet of the mobile home park boundaries.

(b) Standards for Acceptable Groundwater Impacts

(1) Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

(2) No mobile home park shall increase any contaminant concentration in the groundwater to more than one half of the Primary Drinking Water Standards. No mobile home park shall increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.

(3) If groundwater contains contaminants in excess of the primary standards, and the mobile home park is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.

(4) If groundwater contains contaminants in excess of the secondary standards, the mobile home park shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.

(c) Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the Plan.

(9) Ownership of Park

The land within the mobile home park shall remain in a lot in single or joint ownership. No lots or interest in lots shall be individually conveyed, except that a leasehold interest in lots, or the use of lots through a written rental agreement, is permissible. (10) Conversion of Park

No development or subdivision which is approved by the Planning Board as a mobile home park shall be converted to another use without the approval of the Planning Board for such other use, and without the approval of the Zoning Board of Appeals for such change of use, if required under the terms of this Zoning Ordinance. The conversion shall meet the appropriate lot size, lot width, setback, and other requirements of the Zoning Ordinance and the Subdivision Ordinance for the proposed use.

(11) Utility Requirements

All mobile home parks shall provide permanent electrical, water and sewage disposal connections to each lot in accordance with applicable state and local rules and regulations. Electrical utilities and telephone lines may be located above ground.

(12) Sidewalks/Walkways

The mobile home park shall contain pedestrian walkways that link all units and all service and recreational facilities. Such walkways shall be adequately surfaced and lit. A portion of the road surface may be reserved for walkways provided the roadway width is increased accordingly. Walkways shall be a minimum width of three (3) feet.

(13) Lighting

Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact on adjacent properties.

(14) Signs

Signs and advertising devices shall be prohibited in mobile home park except:

(a) One (1) identifying sign at each entrance of the mobile home park no larger than twenty-four (24) square feet which may be indirectly lit, but not flashing.

(b) Directional and informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc.

(c) Mobile/manufactured home "for sale" signs, provided that such signs that face a public road shall be no more than ten (10) square feet and shall be limited to two (2) signs per mobile home park.

(d) Mobile/manufactured home address signs.

The styles and location of the identifying sign shall not interfere with vehicle sight distance and shall be constructed in accordance with local sign regulations.

(15) Storage

At least three hundred (300) cubic feet of enclosed tenant storage facilities shall be conveniently provided on or near each mobile home lot for the storage of materials and equipment.

(16) Park Administration

The owner or operator of a mobile home park shall be responsible for ensuring the maintenance of all park-owned structures and their sites. Park management shall conform to state laws.

Compliance with this Ordinance shall not exempt the park owner, developer, or manager from complying with other applicable local, state, and federal codes and regulations.

Part II, Section 10. Standards for Older Mobile Homes

These standards are designed to establish a level of safety for older mobile homes to assure that the unit will perform in a manner that will greatly reduce hazards that present an imminent and unreasonable risk of death or serious personal injury.

No mobile home which was constructed prior to June 15, 1976, or which was not built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 shall be used as a residential dwelling unit in the Town of Camden unless the Code Enforcement Officer certifies that the unit complies with the following standards:

(1) Exit Facilities - Exterior Door

(a) Required egress doors shall not be located where a lockable interior door must be used in order to exit.

(b) Mobile homes shall have a minimum of two (2) exterior doors not less than twelve (12) feet from each other as measured in any straight line direction regardless of the length of the travel between doors. One of the required exit doors must be accessible from the doorway of each bedroom without traveling more than thirty-five (35) feet.

(c) All exterior swinging doors shall provide a minimum twenty-eight (28) inches wide by seventy-four (74) inches high clear opening. All exterior sliding glass doors shall provide a minimum twenty-eight (28) inches wide by seventy-two (72) inches high clear opening. Lock shall not require the use of a key for operation from the inside.

(2) Exit Facilities - Egress Windows and Devices

Homes shall have the following emergency egress facilities:

(a) Every room designed expressly for sleeping purposes, unless it has an exit door, shall have at least one (1) outside window or approved exit device. If an exit window or device is installed, it shall be listed in accordance with procedures and requirements of AAMA 1704-1985.

(b) The bottom of the window opening shall not be more than thirty-six (36) inches above the floor.

(c) Locks, latches, operating handles, tabs and any other window, screen or storm window devices, which need to be operated in order to permit exiting, shall not be located in excess of fifty-four (54) inches from the finished floor.

(3) Interior Doors

Each interior door, when provided with a privacy lock, shall have a privacy lock that has an emergency release on the outside to permit entry when the lock has been locked by a locking knob, lever, button or other locking devices on the inside.

(4) Fire Detection Equipment

At least one smoke detector (which may be a single station alarm device) shall be installed in the home in the following locations:

(a) A smoke detector shall be installed on any wall in the hallway or space communicating with each bedroom area between the living area and the first bedroom door unless a door separates the living area from that bedroom area, in which case the detector shall be installed on the living area side as close to the door as practical. Homes having bedroom areas separated by any one or combination of communication areas such as kitchen, dining room, living room, or family room (but not a bathroom or utility room) shall have at least one detector protecting each bedroom area.

(b) When located in hallways, the detector shall be between the return air intake and the living area.

(c) The smoke detector shall not be placed in a location which impairs its effectiveness.

(d) Smoke detectors shall be labeled as conforming with the requirements of Underwriters Laboratory Standards No. 217, current edition, for single and multiple station smoke detectors.

(e) Each smoke detector shall be installed in accordance with its listing. The top of the detectors shall be located on a wall 4 inches to 12 inches below the ceiling. However, when a detector is mounted on an interior wall below a sloping ceiling, it shall be located four (4) inches to twelve (12) inches below the sloping ceiling (cathedral ceiling). The required detector(s) shall be attached to an electrical outlet box and the detector connected by permanent wiring method into a general electrical circuit. There shall be no switches in the circuit to the detector between the over-current protection device protecting the branch circuit and the detector. The smoke detector shall not be placed on the same branch circuit or any circuit protected by a ground fault circuit interrupter.

(5) Flame Spread

(a) Ceiling interior finish shall not have a flame spread rating exceeding 75.

(b) Walls and ceilings adjacent to or enclosing a furnace or water heater shall have an interior finish with a flame spread rating not exceeding 25. Sealants and other trim material two (2) inches or less in width used to finish adjacent surfaces within this space are exempt if supported by framing members or by materials having a flame spread rating not exceeding 25.

(c) Exposed interior finishes adjacent to the cooking range shall have flame spread rating not exceeding 50.

(d) Kitchen cabinet doors, countertops, back splashes, exposed bottoms, and end panels shall have a flame spread rating not to exceed 200.

(e) Finish surfaces of plastic bathtubs, shower units, and tub or shower doors shall not exceed a flame spread of 200.

(f) No burner of a surface cooking unit shall be closer than twelve (12) horizontal inches to a window or an exterior door.

(6) Kitchen Cabinet Protectors

(a) The bottom and sides of combustible kitchen cabinets over cooking ranges to a horizontal distance of six (6) inches from the outside edge of the cooking range shall be protected with at least 5/16-inch thick gypsum board or equivalent limited combustible material. One-inch nominal framing members and trim are exempted from this requirement. The cabinet area over the cooking range or cooktops shall be protected by a metal hood with not less than a 3-inch eyebrow projecting horizontally from the front cabinet face. The 5/16-inch thick gypsum board or equivalent material which is above the top of the hood may be supported by the hood. A 3/8-inch enclosed air space shall be provided between the bottom surface of the cabinet and the gypsum board or equivalent material. The hood shall be at least as wide as the cooking range.

(b) The metal hood will not be required if there is an oven installed between the cabinet and the range.

(c) Ranges shall have a vertical clearance above the cooking top of not less than twenty-four (24) inches to the bottom of combustible cabinets.

(7) Carpeting

Carpeting shall not be used in a space or compartment designed to contain only a furnace and/or water heater. Carpeting may be installed in other areas where a furnace or water heater is installed, provided that it is not located under the furnace or water heater.

(8) Roof Loads

All homes with roofs added after construction will require a professional engineer to inspect the roof to determine that the roof and home can withstand the rigors of a State of Maine winter or wind uplifts that may occur.

(9) Heating and Fuel Burning System

A person holding a master license issued by the State of Maine Oil and Solid Fuel Examining Board shall in inspect and certify that the heating and fuel system meets the requirements of NFPA-31 - Inspection of Oil Burning Equipment as adopted by that Board, or other applicable standards.

(10) Electrical System

A person holding a master license issued by the State of Maine Electricians Examining Board shall inspect and certify that the electrical system is safe and meets the National Electrical code in effect at the time the home was constructed.