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."
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A dwelling unit of 600 square feet or less, gross, of living
area, on a lot with a single-family dwelling otherwise too small in
area to accommodate an additional dwelling. The accessory apartment
shall comply with all applicable building codes and is subject to
the State of Maine's Subsurface Waste Water Rules, as may be amended, [1]as well as the minimum lot size requirements for lots in
the shoreland zone. For the purpose of this provision, "primary residence"
shall mean a dwelling unit occupied by the same resident for a minimum
of six consecutive months, plus one day.
[Amended 7-14-2020]
A roofed container placed outdoors and used for the storage
of goods, materials or merchandise which are utilized in connection
with a lawful principal or accessory use of the lot. The term "accessory
storage container" includes, but is not limited to, containers such
as boxcars, semitrailers, roll-off containers, slide-off containers,
railroad cars and "piggyback" containers. The term "accessory storage
container" does not include a garage or barn accessory to a dwelling
or a storage structure accessory to a dwelling, provided such structure
is not of a type designed, equipped or customarily used for over-the-road
transport of goods, materials or merchandise. An accessory storage
container is considered a structure and must meet any required setbacks
from property lines.
[Added 11-5-2013]
A subordinate structure that is detached from the principal
structure, the use of which is incidental to that of the principal
structure.
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. Piers, wharves and bulkheads
are included in this definition.
[Amended 11-15-2005]
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.
The production, keeping, or maintenance for sale or lease,
of plants and/or animals, including, but not limited to, forages and
sod crops, grains and seed crops, dairy animals and dairy products,
poultry and poultry products, livestock, fruits and vegetables, and
ornamental and greenhouse products. Agriculture does not include forest
management and timber harvesting activities.
[Amended 11-10-2009]
A certified code enforcement officer appointed by the Camden
Board of Selectmen to act in the absence of the appointed Code Enforcement
Officer.
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.
A building in which serviceable motor vehicles are maintained,
serviced, or repaired.
See "setback, back."
[Added 11-15-2005]
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.
An establishment or part of an establishment used primarily
for the sale or dispensing of liquor by the drink.
The sale of boats, yachts and accessories, including maintenance,
storage, repair or rental. The facility may include removal and launching
facilities, floats and docks, water and electrical hookups and fuel
pumps.
[Added 11-15-2005]
A permanent, solid structure of rock, concrete, steel or
wood (or combination thereof), extending from the shoreline into the
waters for the principal purpose of breaking and reducing the force
of waves.
[Added 6-20-2006]
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.
The percentage of lot area covered or occupied by principal
and accessory structures, where the building foundation meets the
ground, including all floor overhangs, but excluding roof overhangs
and decks.
[Amended 11-14-2006]
See "Code Enforcement Officer."
[Added 6-12-2012]
A permanent, solid structure or wall built along the shore
to retain and protect the upland from wave and sea erosion.
[Added 6-20-2006]
A parcel of land used for overnight accommodations for campers,
including erection of tents, overnight cabins and parking facilities.
See "marijuana."
[Added 6-12-2019]
As used in this chapter, refers to a place of worship regardless
of denomination.
Any timber harvesting which over a ten-year period results
in an average residual basal area of trees over six inches in diameter
measured at four 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 five feet in height that meets the regeneration
standards defined under 12 M.R.S.A. Chapter 805, § 8869,
Subsection 1.
A place for the medical treatment of animals.
[Added 11-11-2006]
All tidal and subtidal lands; all lands with vegetation present
that is tolerant of salt water and occurs primarily in a salt water
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous lowland which is subject to tidal action during the highest
annual tide level for the year in which an activity is proposed as
identified in tide tables published by the National Ocean Service.
Coastal wetlands may include portions of coastal sand dunes and include
all areas affected by tidal action, not just those areas where salt
marshes and salt meadows exist. Cobble and sand beaches, mudflats,
and rocky ledges below the highest annual tide are all considered
to be coastal wetlands.
[Added 11-15-2005; amended 6-14-2016]
The official responsible for enforcement of this chapter
and for other duties set forth by state statute and other ordinances.
The Code Enforcement Officer (CEO) and Assistant 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 M.R.S.A.
§ 4451. An Assistant Code Enforcement Officer may be appointed
to serve at the direction of the CEO, and in the CEO's absence shall
have all authority of a CEO pursuant to local ordinances and state
statutes. The CEO and the Assistant CEO shall also serve as Building
Official and Assistant Building Official in the enforcement of the
MUBEC.
[Amended 6-12-2012]
A degree-granting institution of higher (post-secondary)
education.
The use of lands, buildings, or structures, the intent and
result of which activity is the production of income from the buying
and selling of goods and/or services or the support of such activity,
exclusive of residential buildings and/or dwelling units that are
offered for rent.
[Added 11-3-2015]
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.
See "school, commercial."
[Added 11-15-2005]
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.
A state-approved, authorized, certified or licensed group
home, or intermediate care facility for eight or fewer mentally handicapped
or developmentally disabled persons.
A type of dwelling in which each individual has a private
or semiprivate bedroom or living quarters accommodating no more than
two residents but shares with other residents a common dining room
and other common elements. Congregate housing may include services
such as a recreation area, housekeeping, personal care and assistance,
transportation assistance or specialized services such as medical
support that are offered for the use of residents. Incidental use
of facilities by the general public shall be permitted, but shall
not cause such facilities to be treated as separate uses.
[Added 11-5-2015; Amended 6-13-2018]
Lot located at the intersection of two streets.[2]
A facility licensed by the State of Maine for the care or
instruction of more than three preschool-aged children, exclusive
of children who may be living in the home which is serving as the
day-care or nursery school facility.
For purposes of computation of the time period for any action
or appeal within this chapter, "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.
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."
A vehicular access from a public or private way to a structure
or use on a lot. Driveways shall be a maximum of 20 feet wide. A driveway
may cross front, side and rear setbacks and may be utilized for parking.
A driveway is less than 500 feet in length serving two single-family
dwellings or one two-family dwelling, or less.
[Amended 11-10-2009]
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 M.R.S.A. § 4358, Subdivision 1, as the same
may, from time to time, be amended, and an older mobile home as further
defined in this chapter.
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one person or family at a time, and containing living, sleeping, toilet
and cooking facilities. The term shall include mobile homes and rental
units that contain cooking, sleeping and toilet facilities regardless
of the time period rented. Recreational vehicles are not residential
dwelling units. A dwelling unit may not be rented for periods of less
than seven consecutive days.
[Amended 11-10-2009]
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.
One or more buildings used for residential occupancy by more
than two families, each living independently of the other.
[Amended 6-20-2006]
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.
A building used for residential occupancy by two families
living independently of each other.
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 chapter.
The essential services shall not include a wireless telecommunications facility for which a permit is necessary in accordance with Chapter 282, Wireless Telecommunications Facilities, except that a wireless telecommunications facility shall be deemed to be an essential service in the following limited circumstances:
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 five feet of the average setback
distances of the principal buildings on those four lots.
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.
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.
Any fabric or bunting containing distinctive colors, patterns,
or symbols, used as a symbol of a government, political subdivision,
or other entity.
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 chapter.
The surface of a structure on which one walks.
GROSS FLOOR AREAThe floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings and areas with less than six feet of headroom.
[Amended 6-9-2015]
NET FLOOR AREAThe calculation of the sum of the floor area devoted to the permitted use(s) on all floors of the building for the purpose of determining a parking requirement. Other areas, such as those used for utilities, storage, stairs, corridors and restrooms, shall not be included in the calculation.
[Added 6-20-2006; amended 6-9-2015]
Floor area ratio (FAR) is the ratio of total building floor
area in relation to the area of a parcel. A parcel in a Business Opportunity
Zone has a maximum FAR of two which, when multiplied by the parcel
area, produces the maximum amount of net floor area that is allowed
under this chapter on that particular parcel.
[Added 6-9-2015]
The serving of prepared food and beverages to the public.
For the purposes of this chapter, establishments involved with food
service shall be divided into the following categories:
FORMULA-BASED FOOD SERVICE ESTABLISHMENTA food service establishment that stands alone or with other use(s) that is required by contract or other management arrangement to serve a prescribed "formula" menu and to use a trademark, logo, service mark or other mutually identifying name or symbol that is shared by 50 or more other restaurants regardless of ownership or location.
RESTAURANTA business establishment that meets state and Town licensing requirements where the preparation of food and beverages for consumption, on or off the premises, is the principal use.
MARKETA retail establishment where the principal use is the sale of food, groceries and similar goods where no alcoholic beverages are sold for consumption on premises. A market may also prepare and sell food for consumption off-site, but for the purposes of this chapter, the sale of prepared food shall be considered accessory to the principal use.
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.
A food service establishment that stands alone or with other
use(s) that is required by contract or other management arrangement
to serve a prescribed "formula" menu and to use a trademark, logo,
service mark or other mutually identifying name or symbol that is
shared by 50 or more other restaurants regardless of ownership or
location.
[Added 6-12-2019]
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frost walls, or other base consisting of concrete, block, brick
or similar material.
[Added 6-20-2006]
See "setback, front."
[Added 11-15-2005]
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 chapter, the
following ways shall constitute legal access to a lot along which
frontage shall be measured:
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;
A way, whether dedicated to public ownership or not, as shown
on an approved subdivision plan;
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.
A building or a portion of a building used for the purpose
of hosting a function, such as a conference, party, banquet, reception
or other social event.
[Added 6-17-2009]
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 that cannot be located away from these
waters. The uses include, but are not limited to: commercial and recreational
fishing and boating facilities, excluding recreational boat storage
buildings; finfish and shellfish processing; fish storage and retail
and wholesale marketing facilities; waterfront dock and port facilities;
shipyards, boatyards, and boat-building facilities; marinas; navigation
aids; basins and channels; retaining walls; industrial uses dependent
upon waterborne 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 coastal or inland waters.
[Amended 11-10-2009; 6-15-2010]
Establishments where the deceased are prepared for burial
or cremation, where the body may be viewed, and where funeral services
are sometimes held.
[Added 11-15-2005]
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:
[Amended 6-9-2015]
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.
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres
except for the purposes of this chapter, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner. Any pond known as "GPA," pursuant to 38 M.R.S.A.
Article 4-A, § 465-A.
[Amended 11-2-2010]
The percent of lot area covered or occupied by all structures,
parking lots, and other disturbed surfaces that are nonvegetated.
A place where hair is cut and styled. The use may include
ancillary services, such as facials, manicures, pedicures and tanning
devices.
[Added 6-20-2006]
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 waterline.
An outpatient 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.
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 above 16 feet have a pitch of five in 12 or greater.
[Amended 6-20-2006]
ORIGINAL GRADEThe 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 12 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, § 290-5.2, or Article XA, § 290-10A.2B, 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 floodplain, average original grade shall be calculated
by taking the original grade elevations every 10 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 floodplain,
the lowest original grade for purposes of calculating average original
grade shall be the lowest floor level allowed by the Camden Floodplain
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 Chapter 29, Floodplain Management, 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 subsection, 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 Chapter
29, Floodplain Management.
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 5% 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.
Lands more than 500 feet above mean sea level, subject to
the special performance standards of this chapter.
Lots identified as historic and so identified on the Historic
Areas Overlay Map.
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 XA, § 290-10A.7, of this chapter.
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, outpatient departments, training
facilities, central services facilities, and staff offices that are
an integral part of the facility.
See "lodging."
An area of land which is not associated with a campground,
but which is developed for repeated camping by only one group not
to exceed 10 individuals and which involves site improvements which
may include but not be limited to a gravel pad, parking area, fireplace,
or tent platform.
[Amended 11-10-2009]
See "lodging."
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:
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;
Discarded, worn-out, or junked plumbing, heating supplies, household
appliances, and furniture;
Discarded, scrap, junked lumber; or
Old or scrap copper, brass, rope, rags, batteries, paper trash,
rubber debris, waste and all scrap iron, steel and other scrap ferrous
or nonferrous material.
A privately owned for-hire company that provides transportation
services to customers.
[Added 6-9-2015]
An overnight accommodation with sleeping arrangements provided
for a fee. For the purposes of this chapter, all lodgings shall be
divided into the following categories:
HOMESTAYA use that is accessory and incidental to the primary use of a dwelling as a residence and that:
Provides one or two furnished bedrooms for rent to guests;
Is operated by the family or person residing permanently in
the home;
Employs no persons who are not residing permanently in the home;
Exhibits no signs and conducts no advertising other than being
listed with a referral service;
Provides all parking on-site; and
Gives no other exterior display or indication of the activity.
A maximum of one homestay is allowed per multifamily building.
ROOMING HOUSEA building of residential character in which three, but no more than 10, 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.
INNA 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 has 10 or fewer sleeping rooms offered for rent; does not provide full-service dining, but may serve breakfast and/or an afternoon snack to guests only; and 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, § 290-6.2B(3), of this chapter.
HOTEL or MOTELA 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; however, restaurant food service to the general public may be provided in Article VIII, § 298-8.7C(3)(f).
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. In the shoreland
zone, the area of a lot is the area of land enclosed within the boundary
lines of the lot, minus land below the normal high waterline of a
water body or upland edge of a wetland and areas beneath roads serving
more than two lots.
[Amended 11-10-2009]
See "ground coverage."
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, § 290-7.4J, of this chapter, 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 XA, § 290-10A.8.
See "dwelling."
The processing, fabrication, assembly, or packaging of products
or parts.
The following definitions apply only to the commercial cultivation,
processing and manufacture of adult use marijuana:
[Added 6-12-2019]
ADULT USE MARIJUANAMarijuana cultivated, manufactured, distributed or sold by a marijuana establishment, as that term is defined in 28-B M.R.S.A. § 102, Subdivision 1, as may be amended.
ADULT USE MARIJUANA PRODUCTA marijuana product that is manufactured, distributed, or sold by a marijuana establishment, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 2, as may be amended.
CULTIVATION or CULTIVATEThe planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of marijuana for sale. "Cultivation" or "cultivate" does not include manufacturing, testing, or marijuana extraction, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 12.
IMMATURE MARIJUANA PLANTA marijuana plant that is not a mature marijuana plant or a seedling as the term is defined in 28-B M.R.S.A. § 102, Subdivision 19, as may be amended.
INDOOR MARIJUANA CULTIVATION FACILITYA marijuana cultivation facility within a fully enclosed structure that is regulated by the Maine Uniform Building and Energy Code (MUBEC), as may be amended, that has a complete roof enclosure that may be supported by connected walls extending from the ground to the roof; and may or may not have a foundation, slab, or equivalent base to which the floor is to be securely attached but must be anchored to the earth to prevent uplift.
MARIJUANAThe leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. Marijuana includes marijuana concentrate but does not include industrial hemp as defined in Title 7 M.R.S.A. § 2231, Subsection 1-A, or a marijuana product, as that term is defined in 28-B M.R.S.A. § 102, Subdivision 33, as may be amended.
MARIJUANA CONCENTRATEThe resin extracted from any part of the Marijuana Plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including but not limited to, hashish, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 28, as may be amended.
MARIJUANA CULTIVATION FACILITYA state-licensed facility licensed to purchase marijuana plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use marijuana; to sell adult use marijuana to marijuana products manufacturing facilities, to marijuana stores and to other marijuana cultivation facilities; and to sell marijuana plants and seeds to other cultivation facilities and immature marijuana plants and seeds to marijuana stores, as that term is defined in 28-B M.R.S.A. § 102, Subdivision 13, as may be amended. A marijuana cultivation facility is only authorized where expressly allowed by special exception as outlined in Article VII, § 290-7.4. Marijuana cultivation facilities are categorized as follows:
TIER 1 MARIJUANA CULTIVATION FACILITYA Tier 1 cultivation facility allows cultivation of:
TIER 2 MARIJUANA CULTIVATION FACILITYA Tier 2 cultivation facility allows cultivation of not more than 2,000 square feet of plant canopy.
MARIJUANA ESTABLISHMENTA marijuana cultivation facility, a marijuana products manufacturing facility, a marijuana testing facility, or a marijuana store as the term is defined in 28-B M.R.S.A. § 102, Subdivision 29, as may be amended, and that is licensed by the state. A marijuana establishment is only authorized where expressly allowed by special exception as outlined in Article VII, § 290-7.4.
MARIJUANA EXTRACTIONThe process of extracting marijuana concentrate from marijuana using water, lipids, gases or solvents or other chemicals or chemical process, as defined in 28-B M.R.S.A. § 102, Subdivision 30, as may be amended.
MARIJUANA PLANTAll the species of the plant genus marijuana, including but not limited to a mother plant, a mature marijuana plant, an immature marijuana plant or a seedling, as defined in 28-B M.R.S.A. § 102, Subdivision 32, as may be amended.
MARIJUANA PRODUCTA product composed of marijuana or marijuana concentrate and other ingredients that is intended for use or consumption. A marijuana product includes, but is not limited to, an edible marijuana product, a marijuana ointment and a marijuana tincture. Marijuana product does not include marijuana concentrate, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 33, as may be amended.
MARIJUANA PRODUCTS MANUFACTURING FACILITYA manufacturing facility licensed by the state to purchase adult use marijuana from a marijuana cultivation facility or another marijuana products manufacturing facility; to manufacture, label and package adult use marijuana products; and to sell adult use marijuana and adult use marijuana products; and to sell adult use marijuana and adult use marijuana products to marijuana stores and to other marijuana products manufacturing facilities, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 43, as may be amended. A marijuana products manufacturing facility is only authorized where expressly allowed by special exception as outlined in Article VII, § 290-7.4.
MARIJUANA TESTING FACILITYA state-licensed facility licensed to develop, research, and test marijuana, marijuana products and other substances, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 54, as may be amended.
MANUFACTURING or MANUFACTUREThe production, blending, infusing, compounding or other preparation of marijuana and marijuana products, including but not limited to, marijuana extraction or preparation by means of chemical synthesis, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 26, as may be amended. "Manufacturing" or "manufacture" does not include cultivation or testing.
MATURE MARIJUANA PLANTA marijuana plant that is flowering as defined in 28-B M.R.S.A. § 102, Subdivision 36, as may be amended.
OUTDOOR MARIJUANA CULTIVATION FACILITYA marijuana cultivation facility where the marijuana is grown outdoors; and one that is not an indoor cultivation facility.
PLANT CANOPYThe total surface area within a state licensed premises of a cultivation facility that is authorized by the state for use at any time by the state licensed cultivation facility licensee to cultivate mature marijuana plants. The surface area of the plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used by the state-licensed cultivation facility, the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the licensed premises of a cultivation facility that are used by the licensee to cultivate immature marijuana plants and seedlings and that are not used by the licensee at any time to cultivate mature marijuana plants, as that term is defined in 28-B M.R.S.A. § 102, Subdivision 41, as may be amended.
TESTING or TESTAs it relates to adult use marijuana, the research and analysis of marijuana, marijuana products, or other substances for contaminants, safety or potency, as the term is defined in 28-B M.R.S.A. § 102, Subdivision 53, as may be amended. "Test" or "testing" does not include cultivation or manufacturing.
A business establishment having frontage on navigable water
and, as its principal use, providing for offshore moorings or docking
facilities for boats, and which may also provide accessory services
such as boat and related sales, boat repair and construction, indoor
and outdoor storage of boats and marine equipment, bait and tackle
shops and marine fuel service facilities.
[Amended 11-10-2009]
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.
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.
Any operation within any twelve-month period which removes
more than 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.
A parcel of land approved by the municipality for the placement
of three or more units of manufactured housing or older mobile homes
on mobile home park lots in accordance with provisions of this chapter.
The sale of vehicles with a room behind the driver's seat,
outfitted as living quarters.
[Added 11-15-2005]
The sale of automobiles, trucks, buses or similar motor-driven
conveyances.
[Added 11-15-2005]
"MUBEC" or "this code" means the Maine Uniform Building and
Energy Code adopted pursuant to 10 M.R.S.A. § 9271 et seq.
[Added 6-12-2012]
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.
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.
A single lot as described in a recorded deed or instrument
which, at the effective date of adoption or amendment of this chapter,
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 chapter
or subsequent amendment took effect.
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 chapter or subsequent amendments took effect.
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 chapter or subsequent
amendments took effect.
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.
The use of a lot which fails to meet the definition of "residential
use."
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. Areas contiguous with rivers and
great ponds that support nonforested wetland vegetation and hydric
soils and that are at the same or lower elevation as the water level
of the river or great pond during the period of normal high water
are considered part of the river or great pond.
[Amended 11-10-2009; 6-15-2010]
See "day-care center or nursery school."
[Added 11-15-2005]
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 twenty-four-hour basis, nursing care and related medical
services.
A use primarily devoted to storage, warehousing, and distribution
of goods, merchandise, supplies, and equipment. Accessory uses may
include retail and wholesale sales areas, sales offices, and display
areas for products sold and distributed from the storage and warehousing
areas.
[Added 6-9-2015]
A single-family manufactured unit which does not meet the
definition of manufactured housing as set forth in Title 30-A M.R.S.A.
§ 4358, Subsection 1A, as the same may from time to time
be amended.
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, congregate housing, 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 chapter. All open space residential developments shall be subject to subdivision regulations and approvals.
[Amended 11-3-2015]
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.
An outside lot, or any portion of a lot, used for the parking
of motor vehicles where that use is a primary use. The term "facility"
shall not include a parking garage.
[Added 11-3-2015]
A building used wholly or in part for commercial parking
of vehicle. No parking is permitted above the second-story level as
measured from street level.
[Added 11-3-2015]
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.
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.
A permanent platform-type structure connected to the shoreline
and usually built perpendicular therefrom over or beyond the normal
high waterline or within a wetland, supported by pilings or cribbing.
It is used for the berthing, loading, and unloading of vessels in
coastal areas.
[Amended 6-20-2006; 11-10-2009]
Land that has not been urbanized, has slopes that are predominantly
8% or less, and that has soils identified by the National Cooperative
Soil Survey as within one or more of the following soils classification:
Agawam, Buxton, Charlton, Elmwood, Paxton, Sudbury, Sutton, and Woodbridge.
A treatment facility that provides a comprehensive, voluntary
recovery program for alcohol and other substance abuse disorders,
along with concurrent treatment for associated mental health issues,
appropriate for the level of care provided. The facility must only
be utilized for private residential rehabilitation that requires overnight
care. A private residential treatment facility does not provide outpatient
care. Any operator must be licensed by the State of Maine to operate
a private residential treatment facility.
[Added 6-13-2018]
See "school, private."
[Added 11-15-2005]
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 chapter. 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.
See "school, public."
[Added 11-15-2005]
Those essential public services, such as, but not limited
to, water, sewer, electricity, telephone, cable, data, 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. This term also includes buildings,
which are necessary for the furnishing of essential public services.
See also "essential services."
[Amended 6-20-2006]
The organization, issuance and distribution of information
and entertainment material, either by print or electronic media.
A facility for a recognized public purpose, such as an auditorium,
library, park, or museum, which is operated by a nonprofit organization
or by a public agency other than the municipality.
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.
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.
The use of a lot with one or more dwelling units, community
living uses, 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 nonresidential
uses abutting residential uses, the following applies to the abutting
parcels only:
[Amended 11-14-2006; 11-3-2015; 7-10-2020]
Any lot located in the V, VE, CR, RU-1, RU-2 or RP District
that contains both residential and nonresidential uses shall be considered
a lot in residential use.
Any lot located in the B-3 or B-4 District shall be considered
a lot in residential use if more than 50% of the floor area of all
structures is residential.
Any lot located in the I, B-1, B-2, B-H, B-TH or B-R District
shall be considered a lot in residential use only if the entire use
is residential.
See "food service."
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.
Construction of public or private roads that are part of
a state- or municipally approved project serving the public and/or
roads constructed as part of an approved subdivision or site plan.
[Added 6-9-2015]
See "lodging."
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.
An institution for teaching and learning which awards post-secondary
educational degrees or which provides for continuing education or
adult education.
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.
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.
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.
The nearest horizontal distance from the normal high waterline
of a water body or tributary stream, or upland edge of a wetland,
to the nearest part of a structure, road, parking space or other regulated
object or area.
[Added 11-10-2009]
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.
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lot lines
with the shoreline.
[Amended 11-10-2009]
The land area located within 250 feet, horizontal distance,
of the normal high waterline of any great pond or river; within 250
feet of the upland edge of a coastal or freshwater wetland, including
all areas affected by tidal action; or within 75 feet, horizontal
distance, of the normal high waterline of a stream.
[Amended 11-10-2009]
See "setback, side."
[Added 11-15-2005]
All definitions pertaining to signs are contained in Article XI of this chapter.
See "dwelling, single family."
[Added 11-15-2005]
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, § 290-7.4, of this chapter.
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams as depicted on the most
recent edition of a United States Geological Survey 7.5-minute series
topographic map or, if not available, a fifteen-minute series topographic
map, to the point where the body of water becomes a river or flows
to another water body or wetland within the shoreland area.
[Amended 11-10-2009]
The floor of a building that opens to a pedestrianway or
vehicular way. When a floor is not at the level of the pedestrianway
or vehicular way, then the floor is at street level when it is less
than eight vertical feet above or below the level of the pedestrianway
or vehicular way. (Appendix 1, examples A, B, C.[3]) Street level also occurs in the following four circumstances:
[Amended 6-17-2008; 11-3-2015]
When the grade of the pedestrianway or vehicular way slopes
along the side of a building, then street level is the lowest floor
that has more than 50% of its floor area above the existing or finished
grade. (Appendix 1, example D.)
When, due to the slope of a site, a building has street level
on one side and a lower floor that opens to a pedestrianway or vehicular
way on any other side, then the building has two street levels. (Appendix
1, example E.)
When a building is located in the 100-year floodplain, street
level is the lowest floor that is at least one foot above the 100-year
base flood elevation. When, due to the slope of the site, a building
also has a street level on any other side, as defined above, then
the building has two street levels. (Appendix 1, example F.)
When a building is not located in a floodplain, or does not
open to a pedestrianway or vehicular way, then street level is the
lowest floor, excluding the basement, that opens directly to the existing
or finished grade. (Appendix 1, examples G, H.)
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, together with 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
fences, and poles, wiring and other aerial equipment normally associated
with service drops as well as guying and guy anchors. The term includes
structures temporarily or permanently located, such as decks, patios
and satellite dishes. In areas other than shoreland zones, driveways,
walkways, patios, or other paved surfaces and essential services are
not structures.
[Amended 11-10-2009]
The average grade over a horizontal distance of more than
75 feet.
[Added 11-14-2006]
Sales, rental, design, engineering and installation of mechanical,
electrical or electronic equipment and systems, including audio, video,
computing or similar systems.
A structure in place for less than nine months in any twelve-month
period. Temporary structures shall be limited by space and bulk standards
set forth in the zoning districts.
A structure in place for less than nine months in any twelve-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, § 290-8.12E(2).
A facility devoted to showing motion pictures, or for dramatic,
musical, or other live performances.
[Amended 6-17-2009]
The cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated in Article X, § 290-10.2S, Clearing or removal of vegetation for activities other than timber harvesting. As used in this chapter, timber harvesting is distinct from clear-cutting, which is separately defined.
[Amended 11-10-2009]
A coordinated system of municipal signage to direct vehicular
and pedestrian traffic to public facilities and to shopping and recreational
districts within the Town of Camden.
[Added 6-17-2009]
The shop of an artist, craftsperson or person in a skilled
trade, which may include retailing of items produced on the premises.
[Amended 6-17-2009]
A channel between defined banks created by the action of
surface water, whether intermittent or perennial, and which is characterized
by the lack of terrestrial vegetation or by the presence of a bed,
devoid of topsoil, containing waterborne deposits or exposed soil,
parent material or bedrock; and which is connected hydraulically with
other water bodies. This definition does not include rills or gullies
forming because of accelerated erosion in disturbed soils where the
natural vegetation cover has been removed by human activity. This
definition does not include the term "stream" as defined elsewhere
in this chapter, and only applies to that portion of the tributary
stream located within the shoreland zone of the receiving water body
or wetland.
[Added 11-9-2004; amended 11-10-2009]
See "dwelling, two-family."
[Added 11-15-2005]
See "established uniform setback relationship."
[Added 11-15-2005]
The boundary between upland and wetland. For purposes of
a coastal wetland, this boundary is the line formed by the landward
limits of the salt-tolerant vegetation and/or the maximum spring tide
level, including all areas affected by tidal action. For purposes
of a freshwater wetland, the upland edge is formed where the soils
are not saturated for a duration sufficient to support wetland vegetation;
or where the soils support the growth of wetland vegetation, but such
vegetation dominated by woody stems that are six meters (approximately
twenty foot) tall or taller.
[Amended 11-10-2009]
A grant of permission by the Zoning Board of Appeals to exceed the space and bulk standards or performance standards of this chapter. Any such grant shall strictly comply with the standards and procedures of Article VII of this chapter. A variance is not authorized for establishment or expansion of a use otherwise prohibited.
All live trees, shrubs, and other plants, including, without
limitation, trees both over and under four inches in diameter, measured
at 4 1/2 feet above ground level.
[Added 11-10-2009]
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 feet of headroom.
Any great pond, river or stream.
[Added 11-10-2009]
A freshwater wetland dominated by woody vegetation that is
six meters tall (approximately 20 feet) or taller.
[Added 11-10-2009]
[Amended 11-10-2009]
Freshwater swamps, marshes, bogs and similar areas, other than
forested wetlands, that are:
Of 10 or more contiguous acres; or of less than 10 contiguous
acres and adjacent to a surface water body, excluding any river, stream
or brook, such that in a natural state, the combined surface area
is in excess of 10 acres; and
Inundated or saturated by surface water or groundwater at a
frequency and for a duration sufficient to support, and that under
normal circumstances does support, a prevalence of wetland vegetation
typically adapted for life in saturated soil conditions. Wetlands
usually include swamps, marshes, bogs, and similar areas.
Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
A platform-type structure connected to the shoreline and
built parallel therefrom over the water, supported by piling or cribbing,
used for the berthing, loading and unloading of vessels.
[Added 6-20-2006]
The sale of goods in quantity, as to retailers for resale.
[Added 11-15-2005]
Any structure, antenna, tower, or other device which provides
radio/television transmissions, commercial mobile wireless services,
unlicensed wireless services, cellular phone services, specialized
mobile radio communications (MR), common-carrier wireless exchange
phone services, and personal communications service (PAS) or pager
services.
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 chapter and shall not be conducted
more frequently than four days in any six-month period.
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