Camden City Zoning Code

Proposals for new construction of nonresidential buildings or structures and of multifamily dwellings, including accessory buildings or structures, having a total area for all floors of more than 1,000 square feet and placement of nontemporary accessory storage containers.

Proposals for enlargement of nonresidential buildings or structures and of multifamily dwellings, including accessory buildings and structures, if the enlargement has a total area for all floors within a five-year period of more than 1,000 square feet

A proposal to pave, strip, remove earth materials from, or grade areas of more than 10,000 square feet within a five-year period for nonresidential uses and mineral extraction in accordance with Article XA, § 290-10A.2B(2), except that site plan review is not required for roads and infrastructure for approved subdivisions or for construction, maintenance or repair of municipal or state roads and infrastructure.

Proposals to pave, strip, remove earth materials from, or grade areas of more than 40,000 square feet within a five-year period for residential uses; however, in reviewing such proposals, the Planning Board shall only consider § 290-12.6, Approval criteria, Subsections A, B and E.

Proposals to change residential uses to nonresidential uses having a total nonresidential floor area of more than 1,000 square feet.

Proposals to construct, enlarge, locate, erect or extend piers, wharves, bulkheads, land-attached floats, breakwaters, consolidated piers, causeways, marinas, bridges over 20 feet in length, and uses projecting into water bodies.

Proposals to construct new wireless telecommunications facilities, and any expansion of an existing wireless telecommunications facility that increases the height of the facility by more than 20 feet. Such proposals shall also be reviewed according to Chapter 282, Wireless Telecommunications Facilities.

Proposals under Subsection A(1) and (2) above or proposals that include two or more of the following types of exterior renovations to a nonresidential or multifamily building within a two-year period, in the B-1 or B-TH Zoning District:

Proposals to apply a Business Opportunity Zone overlay to a parcel (or parcels) within the B-2, B-3, B-4 or B-R Zoning Districts. In addition to the approval criteria found in § 290-12.6A through J below, applications for a BOZ overlay shall undergo a review of design standards unique to the BOZ overlay found at § 290-12.6L. Applicants should tailor all submissions required for site plan review to address these standards.

In connection with the review, the Planning Board shall hold a public hearing within 30 days after the site plan application first appears on the Planning Board agenda; however, the Planning Board may waive the public hearing for applications under § 290-12.1A(8); the time limit for scheduling such public hearing may also be extended by mutual agreement of the Planning Board and the applicant. Any mutual agreement for extension of the time for a public hearing or of the time for review set forth in Article XII, § 290-12.2E, shall be in writing, signed by the Planning Board and the applicant or the applicant's agent.

In connection with the review, the Planning Board may determine that it needs additional geotechnical, hydrological, engineering, planning, legal or similar professional consulting services to fully understand and evaluate the application, and when the subject matter at hand exceeds the expertise of Town staff, the Board, as determined by a two-thirds majority vote of those present and voting, may direct the applicant to engage such independent services. In addition to such fees as otherwise specified by the Town, the applicant shall be responsible for the payment 100% of the costs related to independent geotechnical, hydrological, engineering, planning, legal and similar professional consulting services. Requests for such consultation shall be limited to reasonable and necessary review as allowed by this chapter. The time limit for review set forth in Article XII, § 290-12.2E, may be extended, by mutual agreement, to accommodate a request for a consultant's review. Any mutual agreement for extension of time for review for this purpose shall be in writing, signed by the Planning Board and the applicant or the applicant's agent.

An appeal from a decision of the Planning Board concerning a site plan application may be filed by an aggrieved party with the Zoning Board of Appeals. Such an appeal shall be filed within 15 days of the decision of the Planning Board. The Zoning Board of Appeals shall have no authority to decide any appeal that is not filed within that fifteen-day period.

On appeal, the review of the site plan decision shall be limited to correction of clear errors of law made by the Planning Board in connection with the site plan decision, and the Zoning Board of Appeals shall have no authority to reverse or modify a factual finding of the Planning Board. In connection with such an appeal, the review of the Zoning Board of Appeals shall be based exclusively on the record before the Planning Board. Upon receipt of an appeal of a site plan decision, the Zoning Board of Appeals may defer consideration of that appeal for a period not to exceed 30 days in order to permit consideration of that appeal to occur at the same meeting of the Board as consideration of an appeal of the issuance or denial of a building permit for the same project. At such a meeting concerning both appeals, the appeal of the issuance or denial of the building permit shall not be limited to the review of clear errors of law and shall be considered separately from the appeal of the site plan decision of the Planning Board. A decision of the Zoning Board of Appeals concerning an appeal of a site plan decision of the Planning Board shall be appealable to the Superior Court within 45 days after that decision, as provided by Title 30-A M.R.S.A. § 2691, as the same shall be amended from time to time.

The existing and proposed method of handling stormwater runoff.

The direction of flow of the runoff through the use of arrows.

The location, elevation, and size of all catch basins, dry wells, drainage ditches, swales, retention basins, and storm sewers.

Engineering calculations used to determine drainage requirements based upon a twenty-five-year storm frequency, if the project will significantly alter the existing drainage pattern due to such factors as the amount of new impervious surfaces (such as paving and building area) being proposed.

Methods of controlling erosion and sedimentation during and after construction.

The Board may require the developer to show evidence of sufficient technical capacity to:

In determining the developer's technical ability, the Board may consider:

The developer may retain professional consultants to supervise, construct and inspect the described work as long as any such consultants prove reasonably satisfactory to the Board in accordance with § 290-12.4D(1) and (2) above.

A site plan stamped and sealed by an engineer registered in the State of Maine.

An elevation showing the height of the pier in relation to normal high water.

A pier section.

A detailed erosion control plan, including a schedule of construction. The schedule shall include the kind of motorized equipment, how and when it will be used below high or low water.

A detailed plan showing how oils, greases or other contaminates will be separated and handled.

Copies of required Maine Department of Conservation submerged lands lease, Maine Department of Environmental Protection and United States Army Corps of Engineers permits; provided, however, that the Board may approve site plans subject to the issuance of specified state and federal approvals and permits where it determines that it is not feasible for the applicant to obtain them at the time of site plan review.

An elevation sketch of the proposed facade(s).

Sample materials or cut sheets.

Digital color photos of the streetscape.

Renderings or photo simulations of the proposed exterior.

Photos of historic or architectural details.

Preservation and protection of natural vegetation where possible.

Keeping duration of exposure of disturbed soils to as short a period as possible and stabilizing the disturbed soils as quickly as practicable.

Use of temporary vegetation or mulching to protect exposed critical areas during development.

Use of debris basins, sediment basins, silt traps or other acceptable methods to trap the sediment from stormwater runoff.

No storage of fill materials within 50 feet of the banks of any stream, intermittent or perennial, or water body.

No removal of topsoil from any lot, except for that removed from areas to be occupied by buildings, paving, or other surfaces that will not be revegetated.

Any exit driveway shall be so designed as to provide the following minimum sight distance measured in each direction, as measured from the point at which the driveway meets the public or private right-of-way:

The street serving the site shall be adequate to carry the anticipated traffic, and the site plan shall locate points of access to avoid hazardous conflicts with existing turning movements and traffic flows.

Pedestrianways shall be safely separated from vehicular traffic.

The project must not cause undue erosion or scour on or near the site, or on abutting properties.

The proposed use must not cause degradation of marine life or significant wildlife habitat in or near the area. The Board may ask for an examination and statement by a qualified marine biologist, or other qualified individual regarding the impact of the project, and that statement shall show no significant adverse impact on marine life or wildlife habitat.

The project shall not unduly interfere with passage along or within the intertidal zone, in order to protect established colonial public trust rights for fishing, fowling, and navigation. This may require accommodation such as steps or pier elevation to allow passage over or beneath a structure.

There shall be no unreasonable interference with general navigation by the existence or use of the pier, and no attempt shall be made by the applicant or permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the pier.

Pier projects involving construction of or repair, replacement, and maintenance of bank or shoreline stabilization structures including, but not limited to rip-rap armor or retaining walls, shall be designed to minimize environmental effects and effects to neighboring properties from scour and erosion to the maximum extent practicable.

The project shall not unreasonably impact the viewshed and existing scenic and aesthetic resources of Camden's harbors and Penobscot Bay from Camden Hills State Park, Curtis Island, Laite Beach and other public access points to the harbor including, Bay Road, Curtis Island Overlook (Beacon Ave/Bayview), Eaton Avenue, Harbor Road, Marine Avenue, and, Sherman's Point Road, or other place or location that is frequented by the public for the purpose of enjoying the natural environment and scenic resources.

In addition, to the special criteria in Subsection J(1) through (6) above, the Planning Board shall also review the performance standards and criteria contained in § 290-10.2 I through K.

The wall of the building facing a street or the Harbor shall be treated as a front facade and shall incorporate pedestrian-scale design features such as doors and windows to create a character that complements the overall visual character of the streetscape.

The roof shall be designed to maintain the overall visual character of the streetscape, to the extent practical.

Building scale should take into consideration the unique qualities and character of the surrounding area. Buildings should reduce their apparent bulk by dividing the building mass into several smaller-scaled components.

Siding should be visually compatible with other exterior finishes on the building and with those buildings to which it is visually related. Any quality material that simulates traditional features will be considered on a case-by-case basis.

Awnings shall complement the overall visual character of the district. Rigid metal or plastic awnings are prohibited.

Other than general lighting for the commercial space, there shall be no spotlights, flashing lights or strobe lights other than permitted lighting for signage.

Buildings with historic features or specific architectural details shall preserve those features and details to the maximum extent feasible.

Floor area ratio (FAR), building height and design:

Landscaping.

Utilities. Utilities, including electric, phone, cable and propane, shall be buried on-site.

Parking. Parking requirements within the BOZ may be flexible, and creative parking solutions are encouraged such as the use of motorcycle or bicycle parking areas. Parking shall be 80% of the standard parking requirements for the total of all uses based on the requirements of Article XA, § 290-10A.5; however, no grandfathered spaces or fees in lieu of spaces are allowed. Parking areas should be grouped so that multiple buildings will utilize adjacent spaces, and businesses should consider shared parking. Service areas (dumpsters, etc.) shall be screened.

Traffic. Traffic is to be controlled so that businesses within the BOZ can send out delivery trucks in the morning and receive them back at end of day.

Three copies of the proposed revised plan and supporting documentation, along with an electronic copy showing the revision(s), must be submitted to the Code Enforcement Officer with applicable fees, as determined by the Select Board

The Code Enforcement Officer and the Planning and Development Director after consultation with the Director of Public Works and the Fire Chief shall agree that the proposed change is a minor revision and that the proposed change does not violate provisions of this chapter or materially change a plan approved by the Planning Board.

If any of the persons listed in Subsection C(2) above requests it, the proposed plan revision will be placed on the agenda of the next Planning Board meeting for the Board's review.

Minor revisions to approved site plans may be approved by the Code Enforcement Officer, provided that such minor revision will not materially alter the layout or scale of the development nor its impact on its surroundings, nor will it specifically:

For the purposes of this section, an "amendment to an approved site plan" is one that is not a minor field adjustment as allowed in Subsection B above, or a minor revision as detailed in Subsection C(1) through (4) above, and one that does not require site plan review under in Article XII, § 290-12.1A(1) through (9).

For amendments to an approved site plan, the applicant must submit six copies of the proposed plan and supporting documentation, along with an electronic copy, showing the proposed changes. The applicant shall also submit applicable fees as may be determined by the Select Board.