Article I Title


This Ordinance shall be known and may be cited as the "Zoning Ordinance of the Town of Camden, Maine," and will be referred to herein as the Ordinance.



Article II Purpose


This Ordinance, adopted in accordance with the Maine Revised Statutes, is designed to encourage the most appropriate use of the land throughout the Town; to promote the Town's Comprehensive Plan; to foster a pattern of development that respects both villages and the rural landscape while discouraging "sprawl"; to protect existing neighborhoods and encourage formation of new neighborhoods; to provide for vital business areas; to promote traffic safety; to provide safety from fire; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome home environment; to conserve natural resources; and to provide for adequate public services.

Further, within shoreland areas, this Ordinance is designed to carry out the purposes of the State Shoreland Zoning Program including to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

Article III Definitions


Section 1. Meaning of Words

All words not defined herein shall carry their customary and usual meanings. Words used in the present tense shall include the future. Words used in the singular shall include the plural and vice versa. The word "lot" shall include "parcel" and "plot." The word "shall" is used to indicate the mandatory and the word "may" is used to indicate the permissive. The words "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied."

Section 2. Definitions

ABUTTING PROPERTY: Any lot which is physically contiguous with the lot in question even if only at a point and any lot which is located directly across a public street or way from the lot in question.

ACCESSORY APARTMENT: A second dwelling unit contained within a single family detached dwelling or an accessory building on the same lot as a single family detached dwelling for use as a complete, independent living quarters, with provision for living, sleeping, bathing, and cooking.

The single family dwelling, including any accessory building, shall:

(1) contain no more than one accessory apartment;
(2) be owner-occupied for the entire time during which the accessory apartment is occupied;

The accessory apartment shall:

(1) contain a total of less than 600 square feet, gross, of living area; and
((2) be occupied by a person or household for whom the apartment is the primary residence.

ACCESSORY STRUCTURE: A subordinate structure that is detached from the principal structure, the use of which is incidental to that of the principal structure.

ACCESSORY USE: A use that is clearly incidental to the principal use, that is subordinate in area, extent, or purpose to the principal use being served, and that contributes to the comfort, convenience, or necessity of the principal use, and that is located on the same lot with such principal building or use. In a residential district, the accessory use shall not be nonresidential in character.

AGRICULTURE (or FARMING): The cultivation of the soil, production of crops, and/or raising of livestock.

AGRICULTURAL PRODUCTS PROCESSING: The manufacturing, handling, treatment, or packing of crops, livestock, or dairy products, produced or raised on farms, excluding rendering plants, fertilizer manufacturing plants, and similar manufacturing operations.

ALTERNATE CODE ENFORCEMENT OFFICER: A Certified Code Enforcement Officer Appointed by the Camden Board of Selectmen to act in the absence of the appointed Code Enforcement Officer.

AMUSEMENT PARK: A commercially operated park with a predominance of outdoor games and activities for entertainment, including motorized rides, water slides, miniature golf, batting cages, and the like.

AUTO REPAIR GARAGE: A building in which serviceable motor vehicles are maintained, serviced, or repaired.

BANNER: Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National, state, or municipal flags, or the official flag of any institution or business, shall not be considered banners.

BAR OR LOUNGE: An establishment or part of an establishment used primarily for the sale or dispensing of liquor by the drink.

BUILDING: Any structure having a roof. Each portion of a building, separated from other portions by a fire wall, shall be considered as a separate building.

BUILDING COVERAGE: The percentage of lot area covered or occupied by principal and accessory structures.

CAMPING GROUND: A parcel of land used for overnight accommodations for campers including erection of tents, overnight cabins and parking facilities.

CHURCH: As used in this Ordinance, refers to a place of worship regardless of denomination.

CLEAR CUTTING: Any timber harvesting which over a 10-year period results in an average residual basal area of trees over 6 inches in diameter measured at 4_ feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of trees at least 5 feet in height that meets the regeneration standards defined under 12 MRSA, Chapter 805, Section 8869, Subsection 1.

CODE ENFORCEMENT OFFICER: The official responsible for enforcement of the Ordinance and for other duties set forth by state statute and other ordinances. The Code Enforcement Officer shall also have all the duties of a Building Inspector and shall be certified by the state in accordance with Title 30-A, MRSA S4451.

COLLEGE: A degree-granting institution of higher (post-secondary) education.

COMMERCIAL OUTDOOR RECREATION: Outdoor recreation activities that are operated by an entity other than a unit of government and which are available for use for a fee, including but not limited to standard golf courses, ice skating rinks, tennis courts, cross-country ski trails, and alpine ski trails and the rental of nonmotorized sports equipment, but excluding games and activities common to amusement parks. Private outdoor recreation facilities serving exclusively a residential use shall be considered accessory to the residential use.

COMMERCIAL PARKING FACILITY: An area used for the parking of motor vehicles where that use is a primary use or where a separate fee is charged for the privilege of parking. The term "facility" shall also include a commercial parking lot but shall not include a commercial parking garage.

COMMERCIAL PARKING GARAGE: A building used wholly or in part for commercial parking of vehicles. No parking is permitted above the second story level as measured from street level.

COMMUNITY BUILDING: A private building used by a fraternal, philanthropic or other civic organization and which may be made available from time to time for community functions.

COMMUNITY LIVING USE: A state-approved, authorized, certified or licensed group home, or intermediate care facility for eight or fewer mentally handicapped or developmentally disabled persons.

CORNER LOT: Lot located at the intersection of two streets.

COTTAGE: A dwelling unit designed to be used as a residence during less than six (6) months out of the year which does not qualify as a dwelling as defined herein.

DAY CARE CENTER (or NURSERY SCHOOL): A facility licensed by the State of Maine for the care or instruction of more than three (3) preschool aged children, exclusive of children who may be living in the home which is serving as the day care or nursery school facility.

DAYS: For purposes of computation of the time period for any action or appeal within this Ordinance, days shall mean consecutive calendar days; provided, however, that in the event that the last day of any such time period falls on a Saturday, Sunday, or a holiday in which the Town Office for Camden is closed, then the time period shall be deemed to expire on the next succeeding calendar day that the Town Offices are open for business.

DRIVE-THROUGH WINDOW: A facility associated with some eating places, banks, and other service enterprises and designed to enable customers or patrons to remain in their motor vehicles while passing by an external opening in the structure where they place or receive orders or transactions. A window designed to receive orders or transactions exclusively from pedestrians is not included in the term "drive-through window."

DRIVEWAY: A vehicular access from a public or private way to a structure or use on a lot. Driveways shall be a maximum of twenty (20) feet wide. A driveway may cross front, side and rear setbacks and may be utilized for parking.

DWELLING: A building used as the living quarters for one or more families. The term "dwelling" shall also include manufactured housing as defined by Title 30-A, MRSA, Section 4358(1), as the same may, from time to time, be amended, and an older mobile home as further defined in this Zoning Ordinance.

DWELLING, ATTACHED: A single family dwelling which has two or more fire separation walls, or one fire separation wall in the case of a dwelling unit at the end of a group of attached dwellings; which has no dwelling unit above or below it; and which has no common hallway with any other dwelling unit.

DWELLING, SINGLE-FAMILY DETACHED: A building separate from any other building and that is designed and used exclusively for the living quarters of one family only and not containing more than one dwelling unit. The term includes manufactured housing and older mobile homes.

DWELLING, TWO FAMILY: A building used for residential occupancy by two families living independently of each other.

DWELLING, MULTIFAMILY: One or more buildings used for residential occupancy by more than one family, each living independently of the other.

DWELLING UNIT: A room or group of rooms within a dwelling designed and equipped as living quarters for a person or for a family, including provisions for living, sleeping, bathing and cooking. A dwelling unit may not be rented for periods of less than seven (7) consecutive days.

ELDERLY CONGREGATE HOUSING: A type of multifamily dwelling, including multiple individual rooms or dwelling units, to be occupied by elderly persons as a residential shared living environment. Such construction will normally include small individual apartments, combined with shared community space, shared dining facilities, housekeeping services, personal care and assistance, transportation assistance, and specialized shared services such as medical support services and physical therapy.

ESSENTIAL SERVICES: The construction, alteration, or maintenance of the following facilities, provided they serve primarily the Town of Camden or a neighborhood or structure within the Town: steam, fuel, gas, communication, transportation, electric power, or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include buildings which are necessary for the furnishing of such services. See also Public Utility. Essential services shall not be subject to the space and bulk standards of this Ordinance.

ESTABLISHED UNIFORM SETBACK RELATIONSHIP: For purposes of the determination of the front setback in the Traditional Village District (V), the Village Extension District (VE), the Transitional Business District (B-3), and the Neighborhood Service District (B-4), the established uniform setback relationship is the established relationship which is deemed to exist when the distance between the part of the principal building nearest to the street and the edge of the right-of-way of that adjoining street for the two adjacent lots fronting on the same street on each side of the subject parcel (the parcel for which the setback is being determined) is, for each such building, within 5 feet of the average setback distances of the principal buildings on those 4 lots.

FAMILY: One or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group occupying a boarding home, rooming house, or hotel.

FAST FOOD RESTAURANT and TAKE-OUT FOOD SERVICE: See FOOD SERVICE

FINANCIAL SERVICE: A service listed under U.S. Standard Industrial Classification Codes 60 through 67, inclusive, and including banking, other credit agencies, security and commodity brokers and service, insurance, real estate and investment offices.

FLAG: Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLEA MARKET: An outdoor market selling antiques, used household goods, curios, and the like, at a frequency of more than four days in any six-month period. Flea markets, as distinguished from yard (or garage) sales, shall be prohibited under this Ordinance.

FOOD SERVICE: A place for the serving of prepared food and beverages to the public. For the purposes of this Ordinance, establishments involved with food service shall be divided into the following categories:

SIT-DOWN RESTAURANTS: A full service eating facility that meets all the following criteria:

1. Food and beverages are served at a table for consumption exclusively on the premises.
2. Plates and utensils are washed on the premises.
3. At least 50% of the seating is within the building.
4. State and town hygiene requirements are met.

A sit-down restaurant does not meet the criteria for a fast food restaurant.

FAST FOOD RESTAURANT: A facility where the food and/or beverages are (1) primarily intended for immediate consumption, (2) available upon a short waiting time, (3) served over the counter rather than at a table, and (4) prepackaged or presented in such a manner that the food and/or beverages can be readily eaten off the premises where sold. For the purposes of this Ordinance, a fast food restaurant shall not be considered an accessory use even if subordinate to another use.

TAKE-OUT FOOD SERVICE: The sale of prepared food and/or beverages by an establishment whose space is devoted principally to the sale of groceries, including grocery stores, bakeries, wine and cheese stores, and similar establishments that sell food for use in the home. For the purposes of this Ordinance, such sale of prepared food and/or beverages shall be considered accessory to the principal use.

FOREST MANAGEMENT ACTIVITIES: Timber management and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

FRONTAGE: The linear distance between the sidelines of a lot, measured along the lot line that borders upon whatever right-of-way serves as legal access to the lot. For the purposes of this Ordinance, the following ways shall constitute legal access to a lot along which frontage shall be measured:

(1) a way accepted by or established as belonging to the Town of Camden, Knox County, or the State of Maine, provided access is not specifically prohibited;

((2) a way, whether dedicated to public ownership or not, as shown on an approved subdivision plan;

(3) a private or public way which has not been approved by a governmental subdivision but which has been established in a deed recorded in a registry of deeds or otherwise legally established by adverse possession or adverse use.

In the case of a lot bordering upon more than one way as defined above, the measurement of frontage shall include the entire length of the property line along such way or ways. Minimum street frontage shall mean continuous frontage.

FUNCTIONALLY WATER-DEPENDENT USES: Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to: commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale marketing facilities, waterfront dock and port facilities, shipyards, boat yards, and boat building facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon water borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.

GAS STATION: An establishment where gasoline and other petroleum products are sold principally for use in motor vehicles. A gas station may not be considered an accessory use, except at marinas if the sale of gasoline for use in motor vehicles is incidental and accessory to the sale of fuel for marine purposes.

GOLF COURSE: A tract of land for playing golf, improved with trees, greens, fairways, and hazards, and which may include clubhouses and shelters. The term excludes miniature golf courses.

GREAT POND: Any inland body of water which in a natural state has a surface area in excess of ten (10) acres, and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.

GROUND COVERAGE: The percent of lot area covered or occupied by all structures, parking lots, and other disturbed surfaces that are nonvegetated.

HARBOR LINE: The harbor line for the inner harbor is the line as described on the Official Zoning Map B of the Town of Camden as adopted by a vote of the electoral body on June 10, 1986. The harbor line for the remainder of the Town's shoreland area is the mean high water line.

HEALTH SERVICE FACILITY: An out-patient establishment furnishing medical and fitness services to humans, including the offices of physicians, dentists, and other health practitioners, clinics, medical laboratories, blood banks, and health clubs.

HEIGHT OF BUILDING OR STRUCTURE: Vertical measurement from a point on the ground at the average original grade adjoining the foundation to the highest point of the building or structure, excluding incidental protrusions. In all districts except the Harbor Business District, the height specified in Article VIII may be increased by four feet if all roof areas of the structure have a pitch greater than five in twelve.

Original grade: the grade of the land that exists prior to the beginning of the proposed construction; provided, however, that if the grade has been altered in the twelve months prior to the application for a building permit for the proposed construction, as evidenced by a building permit or an excavation permit issued pursuant to Article V, Section 2, or Article X, Part II, Section 1((2)(b), the original grade shall be the grade of the land that existed prior to the alteration.

Average original grade: except for buildings wholly or partially within the flood plain, average original grade shall be calculated by taking the original grade elevations every ten feet along the perimeter of the foundation or proposed foundation, beginning at the lowest point. The average of all of these elevations shall be the average original grade from which the height of building is measured.

For buildings or structures wholly or partially within the flood plain, the lowest original grade for purposes of calculating average original grade shall be the lowest floor level allowed by the Camden Flood Plain Management Ordinance; except that any building or structure existing as of June 9, 1992, whose average grade as of that date is lower than the lowest floor allowed by the Camden Flood Plain Management Ordinance, shall be measured from the average original grade existing as of that date. The applicant shall have the burden of submitting sufficient evidence of the average original grade existing as of June 9, 1992. Notwithstanding the calculation of height set forth above in this paragraph, for nonresidential buildings of one story, used exclusively for construction, storage or repair of boats or ships on lots abutting the inner harbor, height of such a building shall be calculated as a vertical measurement exclusively from the lowest floor for that building allowed by the Camden Flood Plain Management Ordinance.

A plan of the building or structure, prepared by a registered professional (either surveyor, engineer, or architect) showing elevations in at least ten-foot horizontal increments around the foundation or the proposed foundation, shall be submitted with any building permit application, unless the vertical measurement from the lowest original grade adjoining the foundation to the highest point of the building or structure, excluding incidental protrusions, is less than the maximum height allowed in the District, or unless the application does not entail a change in the maximum existing height of the building or structure.

Incidental protrusions shall mean structures attached or fixed to a building or structure which do not exceed in area five percent of the ground coverage of the building or structure, or proposed building or structure. Chimneys, antennas, cupolas, towers, or steeples are examples of the type of structures that are usually considered incidental protrusions.

The term "height of building" shall also mean the height of a structure.

HIGH ELEVATION AREAS: Lands more than 500 feet above mean sea level, subject to the special performance standards of this Ordinance.

HOME OCCUPATION: An occupation or profession which is accessory to a residential use and is customarily carried on in a dwelling unit or other structure accessory to a dwelling unit; carried on by a member of the family residing in the dwelling unit; clearly incidental and secondary to the use of the dwelling unit for residential purposes; and conforms with the standards of Article X, Part II, Section 7 of this Ordinance.

HOSPITAL: An institution licensed by the state to provide human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facility.

HOTEL OR MOTEL: See LODGING

INDIVIDUAL PRIVATE CAMPSITE: An area of land which is not associated with a campground, but which is used for transient or similar temporary occupancy by one recreational vehicle, tent or shelter.

INN: See LODGING.

JUNKYARD: A yard, field, or other area used as a place of storage for the following items, excluding items which are being stored out of doors for household use within a reasonable period of time:

(1) Three or more unserviceable, discarded, worn-out, or junked motor vehicles as defined by state law, not including temporary storage, as defined by state law, by an establishment or place of business engaged primarily in doing auto body repair work for the purpose of rendering a motor vehicle serviceable;

(2) Discarded, worn-out, or junked plumbing, heating supplies, household appliances, and furniture;

(3) Discarded, scrap, junked lumber; or

(4) Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or non-ferrous material.

LODGING: An overnight accommodation with sleeping arrangements provided for a fee. For the purposes of this Ordinance, all lodgings shall be divided into the following categories:

HOMESTAY: A use that is accessory and incidental to the primary use of a dwelling as a residence and that (1) provides one or two furnished bedrooms for rent to guests; (2) is operated by the family or person residing permanently in the home; (3) employs no persons who are not residing permanently in the home; (4) exhibits no signs and conducts no advertising other than being listed with a referral service; (5) provides all parking on-site; and (6) gives no other exterior display or indication of the activity. A maximum of one homestay is allowed per multifamily building.

ROOMING HOUSE: A building of residential character in which three, but no more than ten, furnished rooming house bedrooms are rented to guests usually staying more than two weeks for the purpose of lodging and/or the taking of meals, and in which the family or person residing permanently in the home acts as proprietor. The minimum lot area per room shall be 3,000 square feet.

INN: A type of lodging based in the permanent dwelling of the person or family acting as proprietor and that accommodates for a fee travelers and other transient guests who are staying for a limited duration. An inn (1) has ten or fewer sleeping rooms offered for rent; (2) does not provide full service dining, but may serve breakfast and/or an afternoon snack to guests only, and (3) may be licensed to host up to eight special functions per year, including the serving of meals to such gatherings, provided that written notification is provided to the Code Enforcement Officer and that parking for such functions is provided on-site or through other off-street arrangements. An inn located on a nonconforming lot shall be subject to the terms of Article VI, Section 2(2)(c) of this Ordinance.

HOTEL OR MOTEL: A commercial building or group of buildings built or converted to accommodate for a fee travelers and other transient guests, who are staying for a limited duration, with sleeping rooms (with or without cooking facilities). A hotel or motel may include restaurant facilities where food is prepared and meals are served only to its overnight guests.

LOT: All contiguous land in parcels in single or joint ownership described on a deed, plot plan, or similar legal document recorded in the Knox County Registry of Deeds and having frontage.

LOT COVERAGE: See Ground Coverage.

LOW IMPACT USE: A commercial or other nonresidential use not otherwise allowed in a zoning district that shares a structure with a dwelling unit and that complies with the standards of Article VII, Section 4, (9), of this Ordinance, which standards are intended to assure that the use fits into its surroundings without adverse impact while allowing a reasonable degree of diversity characteristic of village settings. A low impact use is not required to meet the standards of Article X, Part II, Section 7.

MANUFACTURED HOUSING: See DWELLING.

MANUFACTURING: The processing, fabrication, assembly, or packaging of products or parts.

MARINA: A water-dependent facility for berthing, storing, servicing, supplying, and fueling primarily water craft.

MARINE RAILWAYS: A parallel set of rails running from a marine related facility to the water for the purposes of launching, repairing, and retrieving boats and vessels onto land to which said set of rails is connected.

MINERAL EXPLORATION: Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

MINERAL EXTRACTION: Any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and transports the product removed, away from the extraction site.

MOBILE HOME PARK: A parcel of land approved by the municipality for the placement of three (3) or more units of manufactured housing or older mobile homes on mobile home park lots in accordance with provisions of this Ordinance.

MUNICIPAL USE: A use of land, structure, or building, owned or controlled by the Town of Camden or any district, agency, or commission thereof, which serves a public purpose.

NEIGHBORHOOD STORE: A retail store that occupies less than 2,000 square feet of total floor space, of which at least 60% is dedicated to retail sales of groceries and within which no alcoholic beverages are consumed.

NET FLOOR AREA: The sum of the floor area devoted to the permitted use on all floors of the building. Other areas, such as those used for utilities, storage, stairs, corridors, and rest rooms, shall not be included in the calculation.

NONCONFORMING LOT: A single lot as described in a recorded deed or instrument which, at the effective date of adoption or amendment of this Ordinance, does not meet the lot area, lot area per dwelling unit, or frontage requirements of the District in which it is located. It is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendment took effect.

NONCONFORMING STRUCTURE: A structure that does not meet the setback, ground coverage, building coverage, view corridor, or height standards of the District in which it is located. It is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

NONCONFORMING USE: A use of premises that is not permitted in the District in which it is located, but which is allowed to remain solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

NONINTENSIVE RECREATION: Leisure time activity that can be undertaken without altering the natural landscape, can be engaged in individually or in small groups, and does not use motorized vehicles or equipment, as typified by hiking, picnicking, bird watching, bike riding, and cross-country skiing.

NNON-RESIDENTIAL USE: The use of a lot which fails to meet the definition of "RESIDENTIAL USE."

NORMAL HIGH WATER MARK OR LINE-COASTAL AND INLAND: That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers and great ponds, the normal high-water line is the upland edge of the wetland, and not the edge of the open water.

NURSING OR CONVALESCENT HOME: A facility in which nursing care and medical services are performed under the general direction of persons licensed to practice medicine in the State of Maine for the accommodation of convalescent or other persons who are not in need of hospital care, but who do require, on a 24-hour basis, nursing care and related medical services.

OLDER MOBILE HOME: A single family manufactured unit which does not meet the definition of manufactured housing as set forth in Title 30-A, Section 4358, Subsection 1.A of the MRSA, as the same may from time to time be amended.

OPEN SPACE RESIDENTIAL DEVELOPMENT: A form of housing development which allows the developer flexibility in subdivision and housing design, including use of single family detached or attached, two-family, and/or multifamily dwellings, in return for setting aside a portion of the tract of land as permanent open space, in accordance with the provision of Article IX, Open Space Zoning, of this Ordinance. All open space residential developments shall be subject to subdivision regulations and approvals.

OWNERSHIP: Single or joint title to a lot or parcel of land described in a recorded deed or instrument. For purposes of determining whether a lot or parcel of land contiguous with another lot has the same ownership, a majority stockholder in a corporation shall be deemed the same owner as the corporation, each general partner shall be deemed the same owner as a partnership, and trustees and beneficiaries of a trust shall be deemed the same owners as the trust.

PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PERSONAL SERVICE: A service listed under U.S. Standard Industrial Classification Code 72, and including laundry and cleaning services, photography studios, shoe repair shops, funeral homes, and similar services to the general public.

PIERS, WHARVES, BULKHEADS, AND BREAKWATERS: Piers, wharves, bulkheads and breakwaters shall be defined as established in the Harbor Rules and Regulations of the Town of Camden.

PRIME FARM LAND: Land that has not been urbanized, has slopes that are predominantly 8 percent or less, and that has soils identified by the National Cooperative Soils Survey as within one or more of the following soils classification: Agawam, Buxton, Charlton, Elmwood, Paxton, Sudbury, Sutton, and Woodbridge.

PROFESSIONAL OFFICE: A structure which houses a business or corporate office or the office of a person or persons who supply a professional service other than a financial service, health service, or personal service, as defined in this Ordinance. Such professional services include accounting and bookkeeping, advertising and public relations, and radio, television and movie business offices, engineering, surveying, computer and data processing, photocopying and blueprinting, law, management and other professional consulting, membership organizations' offices, personnel supply, real estate, insurance, secretarial, social services, business services, business offices, and other services clearly similar in nature and purpose to those listed here.

PUBLIC UTILITY: Those essential public services, such as, but not limited to, water, electricity, telephone, gas, and transportation, whether publicly or privately owned, which are regulated by the Maine Public Utilities Commission, the Maine Department of Transportation, or Federal Communications Commission and which are intended to serve primarily populations or activities outside of the Town of Camden. This term also includes buildings which are necessary for the furnishing of essential public services, whether local or greater in scope. See also Essential Services.

PUBLISHING: The organization, issuance and distribution of information and entertainment material, either by print or electronic media.

QUASI-PUBLIC FACILITY: A facility for a recognized public purpose, such as an auditorium, library, park, or museum, which is operated by a non-profit organization or by a public agency other than the municipality.

RENTAL OF GOODS AND EQUIPMENT: The rental of goods or equipment, including automobiles, to the general public for personal or household use or to businesses who will be the users of the goods or equipment.



RESEARCH AND DEVELOPMENT ESTABLISHMENT: An establishment in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the establishment.

RESIDENTIAL USE: The use of a lot with one or more dwelling units, community living uses, elderly congregate housing, nursing and convalescent homes and rooming houses. Residential use includes home occupations and homestays. In the case of lots with mixed uses and for the purpose of determining the need to meet the minimum setback requirement for non-residential uses abutting residential uses, the following applies:

1. Any lot located in the V, VE, CR, RU-1, RU-2 or RP Districts, that contains both residential and non-residential uses, shall be considered a lot in residential use.

2. Any lot located in the B-3 District shall be considered a lot in residential use if more than 50 percent of the floor area of all structures is residential.

3. Any lot located in the I, B-1, B-2, B-H, B-TR or B-R Districts shall be considered a lot in residential use, only if the entire use is residential.

RESTAURANT: See FOOD SERVICE.

RETAIL SALES: The selling of goods or merchandise to the general public for personal or household consumption or to businesses who will be consumers or end-users of the goods. The term may include services incidental to the sale of such goods. The term does not include gas stations or restaurants.

ROOMING OR BOARDING HOUSE: See LODGING.

SCHOOL, COMMERCIAL: A place or institution for teaching and learning, which place or institution is established for commercial or profit-making purposes, including, by way of example only, schools for dance, music, riding, gymnastics, photography, driving, or business.

SCHOOL, PRIVATE: An institution for teaching and learning which awards post-secondary educational degrees or which provides for continuing education or adult education.

SCHOOL, PUBLIC: A place or institution for teaching and learning, which place or institution teaches courses of study sufficient to qualify attendance there as being in compliance with state compulsory education requirements. The term public school shall encompass religious and independent organizations, regardless of their form of ownership, as well as municipal corporations and school administrative districts, provided that their purpose is to give instruction pursuant to state compulsory education requirements.

SETBACK, BACK: The distance between the rear line of the lot, extending the full width of the lot, and the nearest part of any principal or accessory structure on the lot measured from overhangs or other permanent protrusions. Back or rear setback and back or rear yard are synonymous.

SETBACK, FRONT: The distance between the line of any frontage extending the width of the frontage, and the nearest part of any principal or accessory structure on the lot measured from overhangs or other permanent protrusions. Front setback and front yard are synonymous.

SETBACK, SIDE: The distance between the side property line and the nearest part of any principal or accessory structure on the lot measured from overhangs or other permanent protrusions. Any lot line not a back lot line or a front lot line shall be deemed a side lot line. Side setback and side yard are synonymous.

SHORE FRONTAGE: The length of a lot bordering on a water body measured in a straight line between the intersections of the side lot lines with the shoreline at normal high-water elevation.

SHORELAND AREA: The land area located within two hundred fifty (250) feet, horizontal distance, of the normal highwater line of any great pond, river, or saltwater body; within two hundred fifty (250) feet of the upland edge of a coastal or freshwater wetland; or within seventy-five (75) feet of the normal highwater line of a stream.

SIGN: All definitions pertaining to signs are contained in Article XI of this Ordinance.

SPECIAL EXCEPTION: A use that is generally appropriate within a zoning district but that has the potential for undue impacts on the public health, safety, and welfare, the natural environment, or on municipal services in the district. Such uses may be allowed if specific provision is made for them within the zoning district and if approved by the Zoning Board of Appeals pursuant to the standards contained in Article VII, Section 4 of this Ordinance.

STREAM: A free-flowing body of water from the outlet of a great pond or the confluence of two (2) perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5 minutes series topographic map, or if not available, a 15-minute series topographic map, to the point where the body of water becomes a river.

STREET LEVEL: The floor of a building or structure that opens to a street or wharf or grounds adjacent to a street or wharf. When, due to the slope of a building site, a floor is at street level on one side of a building or structure but not on the opposite side, the floor shall be assumed to be at street level from the street or wharf side of the building or structure and extending fifty percent of the way toward the opposite side of the building or structure.

STRUCTURE: Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground, excluding driveways, walkways, patios, and other paved surfaces, fences, and essential services.

TECHNICAL SERVICES: Sales, rental, design, engineering and installation of mechanical, electrical or electronic equipment and systems, including audio, video, computing or similar systems.

TEMPORARY STRUCTURE: A structure in place for less than nine months in any 12-month period. Temporary structures shall be limited by space and bulk standards set forth in the Zoning Districts.

TEMPORARY STRUCTURE FOR A FUNCTIONALLY WATER-DEPENDENT USE: A structure in place for less than nine months in any 12-month period for the purpose of marine boat repair or construction, or for any other use functionally dependent upon harbor, bay, or shoreline activities. A temporary structure for functionally water-dependent uses shall be subject to the particular height and ground coverage requirements in Article VIII, Section 12(E)(2).

THEATER: A for-profit facility devoted to showing motion pictures, or for dramatic, musical, or other live performances.

TIMBER HARVESTING: The cutting and removal of trees from their growing site, and the attendant operation of cutting and skidding machinery but not the construction or creation of roads. Timber harvesting does not include the clearing of land for approved construction. As used in this Ordinance, timber harvesting is distinct from clear cutting, which is separately defined.

TRADESMAN'S SHOP: The shop of a craftsperson or of a person in a skilled trade, which shop does not exceed 2,000 square feet of total floor area.

UPLAND EDGE: The boundary between upland and wetland.

VOLUME: The amount of space enclosed by roof and fixed, solid, exterior walls as measured from the exterior faces of the walls and roof. A basement shall be considered volume if it has a concrete floor and at least seven (7) feet of head room.

WETLAND, COASTAL: All tidal and subtidal lands, including all areas below any identifiable debris line left by tidal action, all areas with salt-tolerant vegetation existing primarily in a salt water habitat, and any swamp, marsh, bog, beach, flat or other contiguous lowland which is subject to tidal action or normal storm activity at any time, excepting periods of maximum storm activity. Coastal wetlands may include portions of coastal sand dunes. For purposes of interpreting this definition, maximum storm activity shall be considered to be a 100-year or greater storm.

WETLAND, INLAND OR FRESHWATER: An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands usually include swamps, marshes, bogs, and similar areas. The parameters that characterize most wetlands are:

(1) the vegetation is predominantly wetland or aquatic; and
(2) the soils are predominantly undrained hydric or wetland soils; and
(3) the substrate is non-soil (such as sand, gravel, or rock) and the area is saturated with water or covered with shallow water at least two months during each year.

YARD (OR GARAGE) SALE: A sale of used household goods, curios, and the like. Yard (or garage) sales, as distinguished from flea markets, shall be considered to be accessory uses under this Ordinance and shall not be conducted more frequently than four days in any six-month period.