Town of Camden, ME Performance Standards Generally

Erosion control.

[Amended 6-14-2022]

Purpose. The Town of Camden seeks to e nsure the protection of the Town's unique water resources. The proposed amendment codifies into this chapter the state law that applies to all soil disturbances. The amendment requires the installation of erosion control measures and the use of the Maine Department of Environmental Protection's Erosion and Sedimentation Control Best Management Practices to avoid unreasonable erosion and sedimentation into the Town's water resources.

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

Any person who conducts, or causes to be conducted, an activity, whether or not a building permit or other local permit is required, that involves filling, displacing, or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into any portion of a stormwater conveyance system or into a protected natural resource as defined in 38 M.R.S.A. § 480-B.

Erosion control measures must be in place before the activity begins. Adquate and timely temporary or permanent stabilization measures must be taken, and the site must be maintained to prevent unreasonable erosion and sedimentation.

The Maine Department of Environmental Protection-published Maine erosion and sediment control best management practices manuals "Maine Erosion and Sediment Control Practices Field Guide for Contractors" (2014), and "Maine Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers" (2016), as the same may be amended from time to time, are hereby adopted and incorporated by reference herein as the minimum standards for erosion and sedimentation control to be utilized in conjunction with all soil disturbances.

Excavation and extraction of minerals.

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

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

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

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

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

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

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

Stormwater drainage.

Stormwater drainage systems shall be designed to minimize the volume and rate of outflow from the development.

Design, construction, and maintenance of drainage facilities shall accommodate, at a minimum, a twenty-five-year storm frequency of two-hour duration.

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

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

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

Wetlands. The Code Enforcement Officer may require a certified wetlands plan, performed by a qualified soils scientist at the expense of the applicant, for a building or use permit, to be submitted for any activity which takes place on a lot containing a wetlands.

§ 290-10A.3 Keeping of animals.

[Amended 6-17-2009]

Two and one-half acres or more. Animals incidental to residential activities may be kept; provided, however, that animals such as horses, cattle, goats, sheep, llamas, pigs, turkeys, ducks, roosters or more than a total of nine hens and/or rabbits shall not be kept on a premise having a lot area less than 2 1/2 acres, and shall be kept no closer than 50 feet to any property line.

Less than 2 1/2 acres. No more than nine small animals such as hens and/or rabbits may be kept incidental to residential activities, provided the animals are kept as pets or for personal use only. Slaughtering and the sale of meat, eggs or fertilizer for commercial purposes is prohibited. At all times, animals shall be contained in housing and pens which shall meet a minimum setback requirement of 15 feet and shall not be located in a front yard area.

§ 290-10A.4 Screening and landscaping.

General standards.

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

The plant materials defined in Subsection A(1) shall meet the following minimum size standards at time of installation, with calipers measured at dbh (diameter at breast height):

Canopy trees: 1 1/2 inches caliper.

Evergreen trees: four feet height.

Understory trees: 1 1/2 inches caliper.

Shrubs: 18 inches height.

Plants required by this section that die shall be replaced within one growing season.

Parking areas.

Interior landscaping.

In addition to required perimeter landscaping, at least 5% of the gross area of all parking lots with 12 or more parking spaces shall be landscaped. Parking lots and parking garages in B-1 and B-H shall be exempt from this requirement.

[Amended 7-14-2020]

The required interior landscaping shall include a minimum of one canopy tree, one understory tree, and five shrubs for every 12 parking spaces or fraction thereof. For every mature canopy tree that exists on the proposed site of a parking lot prior to the parking lot's development and that is retained and integrated into the parking lot's design, the number of required new canopy and/or understory trees may be reduced by two. If any such retained tree dies within five years of the date of the building permit issued for the development, it shall be replaced with two canopy trees meeting the standard of this chapter.

The landscaping shall be:

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

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

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

Perimeter landscaping.

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

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

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

Multifamily, congregate housing, and nonresidential uses abutting residential uses or districts.

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

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

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

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

Low-impact uses. The perimeters of parking lots on the sites of low impact uses, as required by Article XA, § 10A.4, shall be landscaped to the same standards established for other parking lots, as set forth in this section.

§ 290-10A.5 Off-street parking and loading standards.

Off-street parking and loading shall be provided in accordance with the requirements of Subsections B and C for each project requiring a permit under Article V, § 290-5.2A or B, of this chapter (except as excluded from that requirement by Article V, § 290-5.3), and by amendments exempting the B-1 and B-TH Districts from certain parking requirements below that were approved on November 2, 2021.

[Amended 11-2-2021]

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

Dwelling units.

[Amended 11-6-2018; 11-2-2021]

Single-family dwelling units, including mobile homes, but excluding accessory apartments: Two spaces per unit, except for those in the B-1 and B-TH, which are exempt from off-street parking requirements.

Accessory apartments: one space per unit, except for those in the B-1 and B-TH, which are exempt from off-street parking requirements.

Congregate housing: one space for every two units.

General business uses, except for those in the B-1 and B-TH, which are exempt from off-street parking requirements:

[Amended 7-14-2020; 11-2-2021]

The following shall require one space per 150 square feet of floor area:

Medical offices.

The following shall require one space per 250 square feet of floor area:

Retail establishments.

Business and professional offices.

Personal service establishments and banks.

Sports and fitness centers.

The following shall require one space per 500 square feet of floor area:

Industrial, manufacturing, and warehousing uses.

Multifamily: two spaces per dwelling unit in districts where the use is permitted.

Lodgings.

[Amended 11-2-2021]

Motels and hotels: one space for each room offered for rent, plus three spaces.

Inns: one space for each room offered for rent, plus two spaces for each dwelling unit.

Rooming houses except for those in the B-1 and B-TH, which are exempt from off-street parking requirements: one space for each room offered for rent, plus two spaces for each dwelling unit.

Restaurants, bars and lounges except for those in the B-1 and B-TH, which are exempt from off-street parking requirements: one space for every four seats and one space for every eight linear feet of bench space.

[Amended 11-6-2018; 11-2-2021]

Schools.

Commercial schools: one space for each three students, based on the maximum number of students attending the school at any one period in the day.

Day-care centers and nursery schools: one space for each six children, based on the maximum number of children attending the facility at any one period in the day.

Public and private schools providing instruction for students up to and including those 15 years of age: one space for each room used for purposes of instruction.

Public and private schools providing instruction for students 16 years of age and over: one space for each 10 seats used for instruction or, if no fixed seats, one parking space for each 100 square feet used for purposes of instruction.

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

Hospitals: one space for each two beds.

Nursing and convalescent homes: one space for each four beds.

Places of public assembly, theaters, halls: one space for each four seats if fixed seating is provided; otherwise, one space for each 100 square feet of area available for assembly.

Churches: one space for each four seats in principal assembly room; no additional parking spaces shall be required for other types of rooms, spaces, or uses.

(9)

Campgrounds: one space, plus one space for each site available for occupancy.

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

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

[Amended 11-2-2021]

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

If the number of parking spaces required is not a whole number, the partial space shall be counted as a whole space if the fraction is 1/2 or greater (e.g., 13.5 = 14 spaces; 13.4 = 13 spaces).

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

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

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

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

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

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

Methods of meeting parking requirements.

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

The location of off-street parking shall be in a parking facility located within 1,000 feet of the principal use measured along lines of public roads.

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

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

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

The spaces are located on a different lot under different ownership and the spaces are leased to the principal use pursuant to Subsection D(4), Terms of agreements and leases, of this section; or

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

The spaces are leased to the principal use pursuant to Subsection D(4) of this section; and

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

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

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

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

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

The Code Enforcement Officer finds that the property is a participant in the Parking Trust Fund through the payment of a one-time fee; however, Zoning Board approval is not required for participants making annual payments to the Parking Trust Fund; or

[Amended 6-15-2010]

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

[a]

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

[b]

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

Terms of agreements and leases. Wherever a lease of parking spaces is used to meet the requirements of this section, the lessee of the spaces shall obtain a lease having a term of no less than one year, and in no case shall the lapse, termination, or expiration of the lease create a lawful nonconforming situation. The lease shall stipulate that the parking spaces will be in the continuous possession of the lessee and for the lessee's exclusive use, unless shared use of the parking spaces is otherwise authorized pursuant to Subsection D(3)(d)[3] and [4] of this section.

Evidence of compliance with parking requirements.

The lease, agreement, or affidavit of ownership relating to use of a lot for parking other than the lot on which the principal building or use is located shall be submitted to the Code Enforcement Officer annually on the anniversary of the building permit authorizing the use for which the parking spaces are required, or upon the anniversary of any change of use, as evidence that the lease and/or agreement is in force and that the terms of this section are continuing to be met. Failure to submit such evidence shall be a violation of this chapter (see Article V, § 290-5.6, Violations and penalties).

In addition to the requirements of Article XA, § 290-10A.5D(4), the lease relating to use of a lot for parking shall contain a provision requiring that the owner of the parking facility (lessor) shall submit to the lessee an annual list showing the number of leased spaces, the names of all lessees, the expiration date of the leases, and the number of spaces available for lease, as evidence that the lease and/or agreement is in force and that the terms of this section are continuing to be met. Failure of the lessee to obtain such a list from the owner (lessor) and to submit that evidence to the Code Enforcement Officer by July 1 of each year shall cause the lessee to be in violation of this chapter (See Article V, § 290-5.6, Violations and penalties).

Parking facility layout and design.

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

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

Access drives and aisles shall be laid out to provide clear and orderly traffic flow. The minimum width of each aisle between parking stalls shall be 13 feet for angle parking of 45° or less, 18 feet when spaces are angled from 45° to 60°, and 24 feet when spaces are angled 60° to 90° from the aisle direction.

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

Parking spaces for residential uses shall be 17 feet long and eight feet six inches wide.

Parking spaces for nonresidential uses shall be 17 feet long and eight feet six inches wide; provided, however, that in lots with more than 20 spaces, not more than 20% of the spaces may be reserved for small cars and these parking spaces reduced to 16 feet long and eight feet wide.

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

The parking area shall include screening and landscaping in conformance with Article X, § 290-10A.4.

(g)

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

In the case of an existing unmarked parking lot, instead of following standards of Subsection E(2) above, the capacity of the existing parking lot may be determined by deducting the required buffer zone space from the total area available and dividing the resulting square footage by 300 square feet, calculations to be submitted to the Code Enforcement Officer and approved before spaces may be leased for off-premise parking requirements.

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

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

§ 290-10A.6 Lots.

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

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

§ 290-10A.7 Fences.

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

§ 290-10A.8 Home occupations.

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

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

There shall be no exterior storage of materials, no exterior display or other exterior indications of the home occupation other than signs as allowed in Article XI, § 290-11.11B, that shall contain no more than the name and business of the proprietor. There shall be no other variation from the residential character of the principal building.

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

A home occupation located in a Rural-1, Rural-2, Coastal Residential, Village Extension, or Traditional Village District shall not be permitted if it would generate more than a daily average of 10 vehicular trip ends on weekdays, based on data contained in the latest edition of "Trip Generation," published by the Institute of Transportation Engineers, or if it in fact generates more than an average of 10 trip ends per day in any seven-day period; nor shall the home occupation make or receive shipments in trucks more than three times in a seven-day period.

The home occupation shall not require, nor shall it provide, more than two off-street parking spaces in addition to the off-street parking spaces provided to meet the normal requirements of the dwelling. The number of spaces required shall be based on the standards contained in § 290-10A.4 of this article or, if the type of use cannot be classified as one of the uses listed in § 290-10A.4, the number may be based on the average rates per 1,000 square feet of building area for peak parking spaces occupied as identified in the latest edition of "Parking Generation," published by the Institute of Transportation Engineers.

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

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

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

§ 290-10A.9 Approval of State Fire Marshal.

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

§ 290-10A.10 Mobile home parks.

All mobile home parks shall conform to the standards set forth in this section of Article XA. Mobile home parks are also subject to the requirements of Chapter 235, Subdivision of Land, of the Code of the Town of Camden and other applicable state laws, local ordinances and regulations. Notwithstanding the definition of "lot" to the contrary, the use of the term "mobile home park lot" refers to the leased area on which a mobile home is located.

Placement of units on lots. Within a licensed mobile home park which has been approved by the Planning Board in accordance with Chapter 235, Subdivision of Land, of the Code of the Town of Camden, units of manufactured housing or older mobile homes shall be placed upon mobile home park lots. Each lot shall be occupied by only one unit of manufactured housing or by one older mobile home. Each such unit of housing shall be placed on a pad.

Lot requirements.

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

Lots served by individual subsurface wastewater disposal systems:

Minimum lot area: 20,000 square feet.

Minimum lot width: 100 feet.

Lots served by one or more centralized subsurface wastewater disposal systems serving two or more dwelling units and approved by the Maine Department of Human Services:

Minimum lot area: 12,000 square feet.

Minimum lot width: 75 feet.

Lots served by a public sewer system:

Minimum lot area: 6,500 square feet.

Minimum lot width: 50 feet.

Mobile home park lots located within any designated shoreland area shall meet the lot area, lot width and shore frontage requirements of the zoning district in which that lot is located, or the requirements for the shoreland area pursuant to Article X, § 290-10.2M, whichever are stricter.

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

Setbacks.

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

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

Individual units shall be so located on individual mobile home park lots that all parts of the structure of the individual unit are a minimum of 15 feet from all boundary lines of the individual lot, and a minimum of 30 feet from any other unit; subject to the provision that such setbacks do not have the effect of requiring lots larger than the minimum lot areas set forth in Subsection B of this section. Where a mobile home was lawfully placed on a lot prior to the date of adoption of this chapter such that it does not meet these setbacks, it may be replaced by another mobile home in the same location on the lot, as long as the nonconforming aspect of the original placement is not worsened.

Buffer requirements.

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

Within the first 25 feet of the buffer strip, as measured from the exterior boundaries of the park, the buffer strip shall be improved and maintained in accordance with Article XA, § 290-10A.4C, Multifamily, congregate housing, and nonresidential uses abutting residential uses or districts, of this chapter.

Open space reservation. For a mobile home park served by a public sewer system, an area equaling 10% of the combined area of the individual lots within the mobile home park shall be set aside and reserved as open space to meet the recreational and community needs of the residents of the mobile home park. The area reserved as open space shall be suitable for use by residents for recreational purposes, or for use by residents for storage. In addition, the area reserved for open space may be used for those uses specifically set forth in Article IX, § 290-9.5C, of this chapter. The reserved open space shall have slopes of less than 5%, shall not be located on poorly or very poorly drained soils, and shall be accessible directly from roads within the mobile home park.

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

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

Roads within a mobile home park which the applicant proposes to dedicate as public ways shall be designed and constructed in accordance with the Article VI, Section 3, Design and Construction Standards, of the Subdivision Ordinance.[1]

Editor's Note: So in original.

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

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

The roads shall have a minimum right-of-way of 23 feet.

The roads shall have a paved travel surface with a minimum width of 20 feet.

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

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

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

The intersection of any street within a park and an existing public street shall meet the following standards:

Angle of intersection. The desired angle of intersection shall be 90°. The minimum angle of intersection shall be 75°.

Maximum grade within 100 feet of intersection. The maximum permissible grade within 100 feet of the intersection shall be 3%.

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

Distance from other intersections. The center line of any street within a park intersecting an existing public street shall be no less than 125 feet from the center line of any other street intersecting that public street.

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

Groundwater impacts.

Assessment submitted. Accompanying an application for approval of any mobile home park which is not served by public sewer shall be an analysis of the impacts of the proposed mobile home park on groundwater quality. The hydrogeologic assessment shall be prepared by a certified geologist or registered professional engineer experienced in hydrogeology and shall contain at least the following information:

A map showing the basic soils types.

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

Drainage conditions throughout the mobile home park.

Data on the existing groundwater quality, either from test wells in the mobile home park or from existing wells on neighboring properties.

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

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

Standards for acceptable groundwater impacts.

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

No mobile home park shall increase any contaminant concentration in the groundwater to more than 1/2 of the Primary Drinking Water Standards. No mobile home park shall increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.

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

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

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

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

Conversion of park. No development or subdivision which is approved by the Planning Board as a mobile home park shall be converted to another use without the approval of the Planning Board for such other use, and without the approval of the Zoning Board of Appeals for such change of use, if required under the terms of this chapter. The conversion shall meet the appropriate lot size, lot width, setback, and other requirements of this chapter and Chapter 235, Subdivision of Land, for the proposed use.

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

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

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

Signs.

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

One identifying sign at each entrance of the mobile home park no larger than 24 square feet, which may be indirectly lit but not flashing.

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

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

Mobile/manufactured home address signs.

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

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

Park administration. The owner or operator of a mobile home park shall be responsible for ensuring the maintenance of all park-owned structures and their sites. Park management shall conform to state laws. Compliance with this chapter shall not exempt the park owner, developer, or manager from complying with other applicable local, state, and federal codes and regulations.

§ 290-10A.11 Standards for older mobile homes.

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

No mobile home which was constructed prior to June 15, 1976, or which was not built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974[1] shall be used as a residential dwelling unit in the Town of Camden unless the Code Enforcement Officer certifies that the unit complies with the following standards:

Exit facilities: exterior door.

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

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

All exterior swinging doors shall provide a minimum 28 inches wide by 74 inches high clear opening. All exterior sliding glass doors shall provide a minimum 28 inches wide by 72 inches high clear opening. Lock shall not require the use of a key for operation from the inside.

Exit facilities: egress windows and devices. Homes shall have the following emergency egress facilities:

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

The bottom of the window opening shall not be more than 36 inches above the floor.

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

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

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

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

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

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

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

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

Flame spread.

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

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

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

Kitchen cabinet doors, countertops, backsplashes, exposed bottoms, and end panels shall have a flame spread rating not to exceed 200.

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

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

Kitchen cabinet protectors.

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

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

Ranges shall have a vertical clearance above the cooking top of not less than 24 inches to the bottom of combustible cabinets.

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

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

(9)

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

(10)

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

Editor's Note: See 42 U.S.C. § 5401 et seq.

§ 290-10A.12 Accessory storage containers.

[Added 11-5-2013]

Accessory storage containers placed after November 5, 2013, may be utilized only as allowed under this section. Containers placed on a lot for a period of at least 60 days prior to November 5, 2013, may remain until replaced, moved, or upgraded unless they become unsafe or a hazard then they shall be removed upon notice from the Code Enforcement Officer and any future containers can only be permitted per this section.

Temporary use of accessory storage containers. Accessory storage containers may be used on a temporary basis only after being approved by the Code Enforcement Officer, and subject to the following standards:

No more than one temporary container shall be located on a lot at any time for any single project.

The temporary container shall comply with all minimum yard size requirements of this chapter.

The temporary container shall be placed behind the front line of principal buildings on the lot, unless the Code Enforcement Officer determines that, due to the size and configuration of the lot and/or the locations of existing buildings or structures on the lot, such placement is not feasible.

The temporary container shall not displace any parking spaces utilized to meet the parking standards of Article XA of this chapter, unless the applicant provides evidence of written permission to use substitute spaces on an adjacent lot or lots during the entire period of time the temporary container is in place.

The temporary container shall not be placed in any location where it will create pedestrian or vehicular traffic hazards or interfere with orderly traffic circulation.

The temporary container shall be structurally sound. Its exterior surfaces shall be free of rust, holes, sharp edges, torn or damaged siding, exposed wiring or any other defects which could endanger health or safety.

The temporary use of accessory storage containers is limited to either no more than 60 days per lot per calendar year or the specific project duration for which the unit is intended and permitted.

At least 15 days in advance of the date when the temporary container is to be placed on the lot, the owner or occupant of the lot shall make application to the Code Enforcement Officer for a permit. The application shall be accompanied by the application fee specified by the Town of Camden Select Board. The application shall also be accompanied by a refundable deposit in the amount of $125, which shall be forfeited to the Town if the temporary container remains on the lot longer than allowed by Subsection A(7) above. A separate permit is required each time a temporary container is placed on a lot.

Nontemporary use of accessory storage containers. Except when used on a temporary basis as provided above, no accessory storage container shall be placed on any lot except in a location approved by the Camden Planning Board under the Article XII, Site Plan Review, and subject to the following standards and annual fees as determined by the Camden Board of Selectmen per Article V:

No accessory storage container shall exceed 14 feet in height, nine feet in width or 55 feet in length.

The total floor area of all accessory storage containers on a lot shall not exceed 495 square feet or 5% of the floor area of the principal building or buildings on the lot, whichever is greater.

Accessory storage containers shall comply with all minimum yard size requirements of this chapter.

Accessory storage containers shall not displace any parking spaces utilized to meet the parking standards of Article XA of this chapter.

Accessory storage containers shall not be placed in any location where they will create pedestrian or vehicular traffic hazards or interfere with orderly traffic circulation.

The exteriors of accessory storage containers shall contain no signs or advertising material visible from any public way or abutting property.

All accessory storage containers shall be screened by the use of fencing, walls, berms, plantings, natural vegetation or other buildings or structures on the lot so that the accessory storage containers are substantially hidden from abutting properties and any public way.

All accessory storage containers shall be structurally sound. Their exterior surfaces shall be free of rust, holes, sharp edges, torn or damaged siding, exposed wiring or any other defects which could endanger health or safety.

Decisions of the Code Enforcement Officer or Planning Board under this section are final and cannot be appealed to the Board of Appeals. No variances may be granted from the requirements of this section.

§ 290-10A.13 Marijuana cultivation facilities.

[Added 6-12-2019]

The operator of a marijuana cultivation facility shall obtain all required state permits and licenses, as well as a local marijuana cultivation facility license from the Town of Camden, prior to the commencement of any activity, construction, cultivation or operations relating to the cultivation of marijuana as permitted by this chapter.

Facilities operators should note that Town permits or approvals provide no protection or indemnification against enforcement of federal or state applicable laws that may prohibit operation of a marijuana cultivation facility. By accepting land use permits, business licenses and/or other approvals, the permittee waives and releases the Town, its officers, elected officials, employees, and/or agents from any liability, injuries, damages, or liabilities of any kind that may result from any arrest or prosecution of business owners, operators, employees, clients, or customers for a violation of federal, state, or local laws or regulations.

A marijuana cultivation facility, as defined in this chapter, shall:

Only be permitted with approval from the Zoning Board of Appeals for a special exception as outlined in Article VII, § 290-7.4;

Be set back a minimum of 500 feet from a lot containing a child-care facility, a day-care center (or nursery school), a public preschool program, a public school, or the following public facilities: Camden Public Library, Harbor Park and the Camden Snow Bowl. The applicant must provide information sufficient to prove to the satisfaction of the Code Enforcement Officer, and to the Zoning Board of Appeals, that all setbacks have been met.

For the purposes of this section "public school" is as defined in this chapter, and as that term is defined in 20-A M.R.S.A. § 1, Subdivision 24, as may be amended; "private school" is defined, as that term is defined in 20-A M.R.S.A. § 1, Subdivision 22, as may be amended; a "public preschool" is defined as that term is defined in 20-A M.R.S.A. § 1, Subdivision 23-A, as may be amended; "child care facility" as that term is defined in 22 M.R.S.A. § 8301-A, Subdivision 1-A, Subsection B, as may be amended; "day-care center" is as defined in this chapter;

For the purposes of this section, the "Camden Snow Bowl" is defined as Town Tax Map 227, Lots 64, 66, and 67;

Once all of the State and Town approvals are issued, the Town will not preclude uses listed in Subsection B(1)(a) above from opening at a location within the applicable setback area.

In addition to Subsection B(1) above, outdoor marijuana cultivation facilities shall:

Be set back at least 300 feet from all property lines. The applicant must provide sufficient information to prove to the satisfaction of the Code Enforcement Officer, and to the Zoning Board of Appeals, that all setbacks have been met.

Ensure all state-mandated security measures are in place and operational 24 hours a day; but at a minimum, plants must be completely behind a six-foot fence with sightproofing sufficient to prevent the plants from being seen from any abutting properties or public street or right-of-way; the fenced-in area must be secured with a lock and key.

Comply with best management practices for agricultural operations. Documentation shall be provided with the application for special exception, showing:

A plan for the mitigation of odors sufficient to ensure that the odor of marijuana is not perceptible at any abutting property; perceptible odor may be deemed a public nuisance; and

A plan to provide for off-site disposal of solid and agricultural waste in compliance with applicable state laws, including those which specifically apply to marijuana establishments.

In addition to Subsection B(1) above, indoor marijuana cultivation facilities shall also:

Ensure that the odor of marijuana is not perceptible at any abutting property. While the Town does not mandate any particular equipment specifications with regard to filtration, all marijuana cultivation facilities are strongly encouraged to adopt best management practices with regard to implementing state-of-the-art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems. Documentation shall be provided with the application for special exception, showing:

Plans to implement appropriate ventilation and filtration systems sufficient to satisfy the above-mentioned odor standard; perceptible odor may be deemed a public nuisance.

A plan for off-site disposal of solid and cultivation waste in compliance with applicable state laws which specifically apply to marijuana establishments.

Indoor and outdoor marijuana cultivation facilities. In addition to the information noted above, the following submissions are required to be provided with the application for a special exception:

Documentation acknowledging that they will not employ a person under the age of 21;

A copy of the procedure that will be employed to ensure that no person under the age of 21 will be permitted to enter, or remain in, a marijuana establishment, as defined;

A copy of an operational plan providing for the proper disposal of marijuana and related by-products in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. At a minimum, the plan must address how the facility will comply with the following standards:

Dumpsters and trash containers must not be overflowing, and the surrounding area must be kept free of litter and trash;

All dumpsters and containers shall be screened from public view;

All trash receptacles on the premises used to discard adult use marijuana products shall have a metal cover or lid that is locked at all times when the receptacle is unattended.

A plan to comply with state law regarding pesticide application that requires that all application of pesticides must be performed by a person licensed by the State Board of Pesticide Control as a pesticide applicator;

Copies of applicable state applications and evidence of compliance with any and all applicable state rules and regulations; and