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Zoning Ordinance
of the
Town of Camden
Town of Camden
1783 Friends Way
Camden, DE 19934
Adopted March 6, 2023
i
Table of Contents
ARTICLE I. TITLE, PURPOSE, APPLICATION, INTERPRETATION ........................................................................................ 1
Section 240-01 Title ................................................................................................................................................. 1
Section 240-02 Statutory Authority and Purpose ................................................................................................... 1
Section 240-03 Application ..................................................................................................................................... 1
Section 240-04 Interpretation ................................................................................................................................. 1
Section 240-05 Regulations Applicable to all Districts ............................................................................................ 2
Section 240-06 Unzoned Land ................................................................................................................................. 3
Section 240-07 Severability ..................................................................................................................................... 3
ARTICLE II. ZONING DISTRICT REGULATIONS .................................................................................................................. 4
Section 240-09 Establishment of Zoning Districts ................................................................................................... 4
Section 240-10 Zoning District Map ........................................................................................................................ 4
Section 240-11 Zoning Districts .............................................................................................................................. 6
Section 240-12 R-1 Town Residential District ......................................................................................................... 6
Section 240-13 R-2 Single-Family Residential ......................................................................................................... 7
Section 240-14 R-3 Mixed Residential..................................................................................................................... 8
Section 240-15 R-4 Manufactured Housing ............................................................................................................ 9
Section 240-16 Historic Overlay Zone District ....................................................................................................... 11
Section 240-17 C -1 Community Commercial District ........................................................................................... 13
Section 240-18 C-2 Highway Commercial District ................................................................................................. 15
Section 240-19 Industrial District (I) ...................................................................................................................... 16
Section 240-20 Agricultural District (AG) .............................................................................................................. 17
Section 240-21 Preservation District (P) ............................................................................................................... 17
Article III. Use and Dimensional Regulations ................................................................................................................ 19
Section 240-26. Permitted Uses by District ............................................................................................................... 19
Section 240-27. Permitted Accessory Uses ............................................................................................................... 24
Section 240-28. Area and Bulk regulations- Residential Principal and Accessory Structures ................................... 26
Section 240-29. Dimensional Standards for Nonresidential Districts ....................................................................... 28
ARTICLE IV. OFF-STREET PARKING and LOADING .......................................................................................................... 31
Section 240-30 Off-Street Parking ......................................................................................................................... 31
Section 240-31 Off-Street Loading Requirements. ............................................................................................... 37
Article I.
ii
Article V. SIGN STANDARDS........................................................................................................................................... 38
Section 240-32 Sign Standards and Restrictions ................................................................................................... 38
ARTICLE VI. SUPPLEMENTARY REGULATIONS ............................................................................................................... 46
Section 240-33 Area, Bulk, Height,Access and Visibility....................................................................................... 46
Section 240-34 Conditional Use Regulations ........................................................................................................ 49
Section 240-35 Nonconforming Situations ........................................................................................................... 52
Section 240-36 Open Space................................................................................................................................... 54
Section 240-37 Architectural Design Standards for the Historic Overlay District ................................................. 58
Section 240-38 Environmental .............................................................................................................................. 64
Section 240-39 Landscaping .................................................................................................................................. 66
Section 240-40 Home-Based Businesses ................................................................................................................ 71
Section 240-41 Major Recreational Equipment & Unlicensed Vehicles ................................................................ 73
Section 240-42 Solar Energy Systems .................................................................................................................... 73
Section 240-43 Fences, Walls, Hedges & Shrubbery. ............................................................................................ 74
Section 240-44 Performance Standards. ................................................................................................................. 75
ARTICLE VII. ADMINISTRATION AND ENFORCEMENT ................................................................................................... 79
Section 240-45 Town Administrator ..................................................................................................................... 79
Section 240-46 Certificate of Zoning Compliance ................................................................................................. 79
Section 240-47 Building Permits ........................................................................................................................... 79
Section 240-48 Site Plan ........................................................................................................................................ 79
Section 240-49 Violations and Penalties ............................................................................................................... 83
Section 240-50 Establishment of Board of Adjustment ......................................................................................... 83
Section 240-51 Planning Commission ............................................................................................................... 87
Section 240-52 Text and Map Amendments ........................................................................................................ 88
ARTICLE VIII. DEFINITIONS AND WORD USE .................................................................................................................. 89
Section 240-53 Interpretation of Language .......................................................................................................... 89
Section 240-54 Definitions ..................................................................................................................................... 89
Article I.
iii
LIST OF TABLES
Table 240-1 Zoning District and Abbreviations.................................................................. 4
Table 240-2 Zoning District Purposes.............................................................................. 6
Table 240-3 Permitted Uses by Zoning District................................................................... 19
Table 240-4 Permitted Accessory Uses and Structures in Residential Districts.............................. 24
Table 240-5 Permitted Accessory Uses and Structures in Nonresidential Districts.......................... 25
Table 240-6 Area and Bulk Regulations for Residential Districts.............................................. 26
Table 240-7 Dimensional Standards for Residential Accessory Building and Structures................... 27
Table 240-8 Permitted Projections into Required Residential Yards...........................................27
Table 240-9 Dimensional and Density Standards for Non-Residential Districts............................. 28
Table 240-10 Off-Street Parking Requirements.................................................................. 34
Table 240-11 Off-Street Loading Requirements.................................................................. 37
Table 240-12 Sign Measurement Requirements for Residential Districts.................................... 41
Table 240-13 Sign Setback and Height Requirements for Residential Districts.............................. 42
Table 240-14 Maximum Sound Pressure Levels.................................................................. 76
Table 240-15 Noise Corrections for Performance Standards................................................... 76
LIST OF FIGURES
Figure 240-1 Setbacks, Building Coverage, Building Lines.................................................... 31
Figure 240-2 Corner Visibility...................................................................................... 32
Article 1
1
CHAPTER 240. ZONING
ARTICLE I. TITLE, PURPOSE, APPLICATION, INTERPRETATION
Section 240-01
Title
This Ordinance shall be known as the "Zoning Ordinance of the Town of Camden."
Section 240-02
Statutory Authority and Purpose
A. This chapter has been made in accordance with the grant of power in Title 22, Chapters 3 and 7 of
the Delaware Code.
B. The zoning regulations and districts as herein established have been made in accordance with a
comprehensive plan as required by the laws of the State of Delaware. This Ordinance is enacted for
the following purposes: To promote in accordance with present and future needs, the health, safety,
morals, convenience, order, prosperity, and general welfare of present and future inhabitants of the
Town of Camden, Delaware, among other things, lessening congestion in streets, securing safety from
fire and other dangers, providing adequate light and air, preventing on the one hand, concentration of
population and on the other hand excessive and wasteful scattering of population, facilitating the
adequate provision of transportation, water supply, drainage, sanitation, recreation, education, and
other public requirements, conserving the value of buildings, and encouraging the most appropriate
use of land to foster an attractive and harmonious community. These purposes may be achieved by
regulating among other things height and bulk of buildings, size of yards, density of population,
building lines and setbacks, off-street loading and parking facilities, signs, and location and use of
land and buildings for trade, industry, residences, and other purposes .
Section 240-03
Application
A. This Ordinance shall apply to all of the incorporated area within the boundaries of the Town of
Camden. This ordinance shall adhere to Delaware Code, Title 9, Part III, Chapter 49, Subchapter I,
4923, Residential facilities for persons with disabilities.
Section 240-04
Interpretation
A. In interpreting and applying the provisions of this Ordinance, they shall be the minimum requirements
for the promotion of the public health, safety, morals, convenience, order, comfort, prosperity, or
general welfare.
B. It is not intended by this Ordinance to interfere with, or abrogate or annul any easements, covenants,
or other agreements between parties, provided, however, that where this Ordinance imposes a greater
restriction upon the use of buildings or premises or upon height of buildings, or requires larger open
spaces than imposed or required by other resolutions, ordinances, rules, regulations, or by easements,
covenants, or agreements, the provisions of the Ordinance shall govern.
Article I.
2
C. References to other codes, ordinances, and regulations
(1) Where this chapter imposes a standard that differs from a standard imposed by other statutes,
resolutions, ordinances, rules, regulations, easements, covenants, or agreements, the stricter standard
shall govern.
(2) Conflict with other laws. Pursuant to 22 Del. C. § 307:
(a) Wherever the regulations contained in this chapter require a greater width or size of yards or
courts, or a lower height of building or less number of stories, or a greater percentage of lot to be
left unoccupied, or impose other higher standards than are required in any other statute or local
ordinance or regulation, the regulations in this chapter shall govern.
(b) Wherever any other statute, local ordinance or regulation requires a greater width or size of
yards or courts, or a lower height of building or a lesser number of stories, or a greater percentage
of lot to be left unoccupied, or imposed other higher standards than are required by the
regulations in this chapter, such statute, local ordinance or regulation shall govern.
(3) Compliance with other applicable regulations. Compliance with the standards prescribed in this
chapter does not relieve an applicant from compliance with other applicable statutes, resolutions,
ordinances, rules, regulations, easements.
Section 240-05
Regulations Applicable to all Districts
The following are regulations generally applicable to all zoning districts:
A.
Conformance with Regulations Required. No building or land shall hereafter be used, and no
building or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally
altered unless in conformity with the regulations as set forth in the Ordinance.
B.
Location on a lot Required. Every building hereafter erected, reconstructed, converted, moved or
structurally altered shall be located on a lot as herein defined and in no case shall there be more than
one main building on one lot unless otherwise provided in this Ordinance.
C.
Street Frontage Required. No lot shall be created in whole or in part unless such lot abuts on a street.
In no case shall street frontage be less than 70% of required lot width.
D.
Proposed streets and curb cuts shall conform to the current edition of the State Department of
Transportation design standards.
E.
Encroachment; Reduction of Lot Area. The minimum yards, height limits, parking space, open
spaces, including lot area per dwelling, required by this Ordinance for each and every building
existing at the time of the passage of these regulations or for any building hereafter erected, shall not
be encroached upon or considered as required yard or open space for any other building, except as
hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of
these regulations.
F.
Accessory Building Use for Dwelling. No accessory building shall be used for dwelling except in
accord with the specific provisions of this Ordinance.
Article I.
3
G.
Public Water Supply and Sanitary Sewer Required. No private potable water wells are permitted. No
individual on-site septic systems or large on-site wastewater treatment and disposal systems are
permitted.
H.
Uses Not Permitted Are Prohibited. For the purpose of this Ordinance, permitted uses are listed for
the various districts. Unless the contrary is clear from the context of the lists or other regulations of
this Ordinance, uses not specifically listed are prohibited.
I.
Existing non-conformities and non-conformities for existing structures and/or uses resulting from
amendments to the Zoning Ordinance shall not constitute grounds by which an applicant proposing
an alteration or addition would be required to obtain variance(s) from the requirements to which the
existing structures and/or uses do not conform. An application for demolition and/or new construction
would require conformance or variance(s) from the applicable sections of the Zoning Ordinance.
J.
The Town of Camden shall not be responsible for enforcement of Homeowner Association deed
restrictions and/or bylaws.
Section 240-06
Unzoned Land
Any land hereafter within the town limits of Camden, whether by annexation or otherwise, shall automatically
be zoned in accordance with the Comprehensive Plan's Future Land Use Map, at the time such land is
officially recognized as within Camden Town limits by the Town Council.
Section 240-07
Severability
If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid
or held unconstitutional, the same shall not affect the validity of this Ordinance as whole or any part or
provision thereof other than the part so decided to be invalid or unconstitutional.
Art. II. Zoning District Regulations
4
ARTICLE II. ZONING DISTRICT REGULATIONS
Section 240-09
Establishment of Zoning Districts
In order to regulate the location and use of land and buildings for trade, industry, residence and other
purposes, the Town of Camden is hereby divided into the following zoning districts:
Table 240-1 Official Zoning Districts and Abbreviations
District
Abbreviation
Town of Camden Zoning Districts
R-1
Town Residential (Closed)
R-2
Single-Family Residential
R-3
Mixed Residential
R-4
Manufactured Housing
C-1
Community Commercial
C-2
Highway Commercial
I
Industrial
P
Preservation
AG
Agricultural
HO
Historic Overlay Zone
Section 240-10
Zoning District Map
A.
The location and boundaries of the districts hereby established are set forth and indicated on a map
or maps entitled Town of Camden Zoning District Map. The Zoning District map, and all notations,
dimensions, references, and symbols shown thereon pertaining to such districts shall be as much a
part of this Zoning Ordinance as if fully described herein. This map, together with subsequent
applicable amendments shall be conclusive as to the current zoning status of the land.
B.
In interpreting said map, the following rules shall apply:
(1)
A district name, abbreviation or color shown on the district map indicates that the
regulations pertaining to the district designated by that name or abbreviation extend
throughout the whole area in the Town bounded by the district boundary lines within which
such name or letter is shown or indicated, except as otherwise provided by this section.
(2)
Where uncertainty exists with respect to the boundaries of the various districts as shown on
the map accompanying and made a part of these regulations, the following rules apply:
Art. II. Zoning District Regulations
5
(a)
In cases where a boundary line is given a position within a street or alley, right-of-
way easement, navigable or non-navigable stream, it shall be deemed to be in the
center of the right-of-way of the street, alley, right-of-way easement, or stream and if
the actual location of such street, alley, easement or stream varies slightly from the
location as shown on the district map, then the actual location shall control.
(b)
In cases where a boundary line is shown as being located a specific distance from a
street line or other feature, this distance shall control.
(c)
Where the district boundaries as shown on the Zoning District Map approximately
coincide with lot lines, or municipal boundaries, the lot lines, or municipal
boundaries shall be construed to be the district boundary line unless otherwise
indicated.
(d)
In cases where district boundaries as shown on the Zoning District Map do not
coincide or approximately coincide with street lines, alley lines or lot lines, and no
dimensions are shown, the location of such district boundary lines shall be
determined by the use of the scale appearing on the map.
Intentionally Left Blank
Art. II. Zoning District Regulations
6
Section 240-11
Zoning Districts
Table 240-2
Zoning District Purposes
Zoning
District
Purpose(s)
Typical Kinds of Uses in
Zone
Residential
R-1 Town
Residential
To accommodate existing residential lots in the traditional
downtown. To maintain the community's small-town character.
Single-family homes
Residential
R-2 Single
Family
Residential
To provide sufficient space for new residential development
and customary accessory uses. To enhance the community
character, allow institutional and other uses consistent with
residential neighborhoods.
Single-family homes, Two-
family duplexes
Residential
R-3 Mixed
Residential
To provide a range of housing opportunities in appropriate
locations throughout the town.
Single-family homes,
detached or attached, multi-
family buildings, and
townhouses
Residential
R-4
Manufactured
Home Park
and Trailer
Park
To accommodate manufactured housing units meeting the
HUD standard and well-designed mobile home communities in
appropriate locations throughout the Town.
Manufactured homes (i.e.
"mobile homes" or "trailers")
Various
HO Historic
Overlay
To provide additional protections for designated historic
structures within the Town of Camden.
R-1 Residential Uses,
neighborhood scale Retail
Stores, offices, service
establishments
Commercial
C-1
Community
Commercial
To accommodate local commercial business and service uses
in appropriate locations adjacent to residential areas throughout
the town, and R-1 Residential Uses.
R-1 Residential Uses,
neighborhood scale Retail
Stores, offices, service
establishments
Commercial
C-2 Highway
Commercial
To accommodate large, regional, or combined commercial uses
that benefit from shared parking, service roads, drives and
entrances.
Retail and wholesale
establishments with drive
through services.
Industrial
I Industrial
To accommodate light industrial businesses that will provide
employment.
Small repair or fabrication
operations, warehousing or
distribution
Agriculture
AG
Agricultural
To preserve undeveloped areas such as open space, or
agricultural lands.
Agricultural
Preservation
P
Preservation
To preserve undeveloped areas such as open space, or areas of
special environmental quality.
Parks; dedicated
environmental easements
Section 240-12
R-1 Town Residential District
A.
Permitted Uses. For permitted uses see Table 240-3.
B.
Accessory Uses. For accessory uses see Table 240-4.
Art. II. Zoning District Regulations
7
C.
General Requirements.
(1)
Dimensional and Density Standards. See Tables 240-6 through 240-8.
(2)
A Site Plan review is required for all Conditional Uses.
(3)
Off-street parking and loading in accordance with Article IV.
(4)
Sign standards in accordance with Article V.
(5)
Additional regulations in accordance with Article VI, Supplementary Regulations.
D.
Design Standards for Infill Development
(1)
Blocks
(a) Proposed streets shall mimic the existing gridded street network within the town and
connect to the existing street network in a minimum of two locations.
(2)
Building location/setbacks
(a) Where there are existing buildings along the same street frontage and within 200 feet
of a proposed infill development, new principal buildings shall be located within five
feet of the same front yard setback line as the existing buildings.
(3)
Parking location and garages
(a) Attached garages on single family dwellings shall be designed to either:
[1]
Be setback from the primary façade of the dwelling by a minimum of 18 feet;
or
[2]
Provide sideloaded access.
(4)
Building form and articulation
(a) New residential construction shall integrate gable or hip roof lines with a pitch of
between 6/12 to 12/12. Alternative roof forms may be approved by Town Council as
a conditional use.
(b) A variety of rooflines are encouraged along a single block. A single roofline may
continue uninterrupted for a maximum distance of 50 feet.
(c) Dormers are strongly encouraged.
(d) A variety of rooflines are encouraged along a street frontage. No more than three
dwelling units in a row shall have the same roof line.
Section 240-13
R-2 Single-Family Residential
A.
Permitted Uses. For permitted uses see Table 240-3.
Art. II. Zoning District Regulations
8
B.
Accessory Uses. For accessory uses see Table 240-4.
C.
General Requirements.
(1)
Dimensional and Density Standards. See Tables 240-6 through 240-8.
(2)
A Site Plan review is required for all Conditional Uses.
(3)
Off-street parking and loading in accordance with Article IV.
(4)
Sign standards in accordance with Article V.
(5)
Additional regulations in accordance with Article VI, Supplementary Regulations.
D.
See also Section 240-12.D, Design Standards for Infill Development
Section 240-14
R-3 Mixed Residential
A.
Permitted Uses. For permitted uses see Table 240-3.
B.
Accessory Uses. For accessory uses see Table 240-4.
C.
General Requirements.
(1)
Dimensional and Density Standards. See Tables 240-6 through 240-8.
(2)
Conditional Use Permit Requirements:
(a) A Site Plan review is required for all Conditional Uses.
(b) A Community Impact Statement is required for all Conditional Uses as part of the
Site Plan submission.
(3)
Off-street parking and loading in accordance with Article IV.
(4)
Sign standards in accordance with Article V.
(5)
Additional regulations in accordance with Article VI, Supplementary Regulations.
D.
Design Guidelines/Standards.
(1)
Townhouse developments shall have a mix of attached townhouse dwellings, single family
dwellings, and two family dwelling. The ratio of townhouse dwellings to single family
dwellings shall be a maximum of 8 to 1
(2)
There shall be a maximum of 6 townhouse units in one group.
(3)
The facades of the townhouses in each group shall be varied in architectural treatment and
roof lines.
(4)
Offsets.
(a) No more than 2 adjacent townhouses shall have the same front building line.
Art. II. Zoning District Regulations
9
(b) The variation in the building line shall be at least 2 feet.
Section 240-15
R-4 Manufactured Housing
A.
Permitted Uses. For permitted uses see Table 240-3.
B.
Accessory Uses. For accessory uses see Table 240-4.
C.
General Requirements.
(1)
Dimensional and Density Standards. See Tables 240-6 through 240-8.
(2)
Off-street parking and loading in accordance with Article IV.
(3)
Sign standards in accordance with Article V.
(4)
Additional regulations in accordance with Article VI, Supplementary Regulations.
D.
Other Requirements.
(1)
The installation of manufactured homes shall occur only on fee simple lots fulfilling all
requirements of this ordinance.
(2)
No more than one manufactured home may be installed on any lot subject to the regulations
of this ordinance.
(3)
Each manufactured home shall have a minimum body width as set by the Department of
Defense (DOD) and/or Delaware State Manufactured Home Inspection and Installation
Code (DSMHII).
(4)
Site Plan and Community Impact Statement must be submitted to the Planning Commission
for its consideration.
(5)
Access to the manufactured home development shall be from a collector street.
(6)
No lot shall be designated for direct access to a street outside the boundaries of the park.
(7)
All proposed home sites shall be shown on the proposed site plan.
(8)
All utility lines shall be underground, including electrical wiring and telephone lines.
(9)
The development must be surrounded by a landscaped or wooded buffer of at least one
hundred (100) feet wide. This buffer is to be continuous along the street frontage with an
arterial street or major highway and at least thirty (30) feet wide along all other lot lines or
street frontage.
(10)
Each manufactured home development shall be provided with electrical outlets installed in
accordance with applicable codes and regulations.
Art. II. Zoning District Regulations
10
(11)
Management headquarters, recreational facilities, open storage areas for boats and campers,
community building, toilets, showers, coin operated laundry and dry cleaning may be
included within the boundaries of the development, provided:
(a)
Such establishments and parking areas primarily related to their operation shall not
occupy more than 1.0% of the area of the development.
(b)
Such establishments shall be intended for the use of occupants of the development.
(c)
Such establishments shall present no visible evidence of their commercial character
which would attract customers other than occupants of the development.
(12)
Where homes are placed at property lines, the adjoining existing uses must be shown on
individual site plan.
E.
Placement. Every manufactured home shall be installed on a permanent foundation prior to its
occupation or use, such that the following the DSMHII requirements are fulfilled.
(1)
The manufactured home is supported on a properly designed and constructed foundation
system that is adequate to support all loads.
(2)
The manufactured home is anchored adequately to resist all loads.
(3)
The towing hitch and all running gear have been removed.
(4)
There is a properly enclosed crawl space or basement with permanent foundation type
construction.
F.
Anchoring: Each manufactured home shall be anchored by the DSMHII standards to resist flotation,
collapse or lateral movement.
(1)
Anchoring Methods: Each manufactured home shall be anchored according to the home
manufacturer's instructions for a permanent foundation installation.
(2)
Wind Resistance: In addition to applicable state and local anchoring requirements for
resisting wind forces, all components of a manufactured home anchoring system shall be
capable of carrying a force of four thousand (4,000) pounds.
Art. II. Zoning District Regulations
11
Section 240-16
Historic Overlay Zone District
A.
The Camden Historic Overlay Zone District shall consist of properties as depicted on the Town
Zoning map adopted by the Town Council.
B.
Purpose: The purpose of this overlay is to establish a Historic overlay district within the
incorporated limits of the Town of Camden that will protect, perpetuate and preserve the character
of the buildings that demonstrate Camden's cultural, social, religious and architectural history, to
maintain and improve property values within the Historic Overlay District and to protect and
enhance the Town's attraction to residents and visitors.
C.
Application of the District.
(1)
To enable the District to operate in harmony with the plan for land use and density
embodied in this ordinance the Historic Overlay is created as a special overlay to be
superimposed on the other districts contained in this ordinance or amendments thereto and is
to be so designated by a symbol for its boundaries on the Zoning District Map.
D.
Permitted Uses.
(1)
Any use, accessory use, or sign permitted in the base zoning district in which the premises
are situated and upon which the Historic Overlay Zone is superimposed.
(2)
Any condition or use permitted in the zoning district in which the premises are located in
accordance with the purpose stated above, and the standards of the Historic Overlay
hereinafter described.
E.
Historic Overlay Standards.
(1)
The following standards shall be used by the Town of Camden in reviewing any application
concerning property within the Historic Overlay:
(a)
New construction shall be in accordance with Article IV, Section 240-37(C) -
Architectural Standards.
(b)
Alterations and repairs proposed for structures within the Historic Overlay District.
shall follow the guidelines set forth in the Secretary of the Interior's Standards for
Rehabilitation.
(2)
Every reasonable effort shall be made to provide a compatible use for a property within the
Historic Overlay and which would require minimal alteration to the exterior front façade of
the structure.
(3)
The distinguishing original qualities or characteristics of a building within the Historic
Overlay District shall not be destroyed.
(a)
The removal or alteration of any historic material or distinctive architectural feature
should be avoided.
(b)
Photos or drawings with measurements shall be submitted to the Town prior to the
destruction of any historical feature.
(4)
All buildings shall be recognized as a product of their own time and no alterations shall be
made to the facade that do not have historical basis or seek to create an earlier appearance.
(a)
Changes that may have taken place over time are part of the history of development
of a building and such changes should be recognized for their significance.
Art. II. Zoning District Regulations
12
(5)
The view of the structure or area from a public street shall be considered and taken into
account as part of the review process.
(6)
The probable effect of proposed construction on trees, wooded areas, or historic sites shall
be considered and taken into account as part of the review process.
(7)
Where a historic building is proposed for demolition, the applicant shall first submit a plan
for redevelopment of the property.
F.
Building Permits
(1)
No building permit shall be issued without a hearing before the Planning Commission for:
(a)
New construction in the Historic Overlay. Plans shall be reviewed to ensure the
facade of the new construction will lend itself in style to the surrounding buildings.
In reviewing such application, the Planning Commission shall consider:
[1]
Exterior architectural features.
[2]
General design, scale, and arrangements of the structures on the lot.
[3]
Relationship to the mass and sizing of neighboring structures.
[4]
Relationship to the size, design, and landscape of the district.
(b)
The demolition of a building located in the Historic Overlay that is more than fifty
(50) years old.
(c)
An addition to a building located in the Historic Overlay that attaches to the front or
side of the building.
(2)
A building permit may be issued without a hearing for:
(a)
Repairs for a portion of the structure, such as the roof shingles, windows, porches or
portico which does not alter the facade .
(b)
Temporary alterations, such as those required to serve persons with disabilities (i.e.,
wheelchair ramps).
(c)
Demolition of a building that has been condemned for safety reasons.
(3)
Building permits for additions or alterations to the rear of a building shall be treated in the
same manner as those in any other district.
[1]
No hearing shall be required as long as there is no variance or conditional use
application required under the Zoning Ordinance.
(4)
Permits for signs shall be issued in accordance with Article V.
G.
Demolition Permits.
(1)
No permit for the demolition of a historic building located within the Historic Overlay shall
be issued prior to review of such application by the Planning Commission. without a hearing
before the Planning Commission. In reviewing such application, the Planning Commission
shall consider:
(a)
The proposed use/redevelopment of the property where the historic building is
located.
Art. II. Zoning District Regulations
13
(b)
A report from a structural engineer describing the condition of the structure proposed
to be demolished.
(c)
No building within the Historic Overlay shall be demolished without first being
photographed, measured and recorded for historical purposes.
(d)
No building within the Historic Overlay shall be demolished unless the owner has
first made a bona fide offer to sell such building for a reasonable price for a
reasonable period of time for the sale of a structure of similar nature.
[1]
For purposes of this section a reasonable price and reasonable period of time
shall be determined by the opinions of three independent realtors, whose
opinions shall be obtained by the Town Manager.
H.
Hardship.
(1)
A property owner may be exempted from strict application of the provisions of this Section
if the property owner demonstrates that such strict application causes the property owner to
suffer substantial hardship, financial or otherwise.
(2)
Any property owner seeking a variance from the provisions of this section shall applyto the
Board of Adjustment.
Section 240-17
C -1 Community Commercial District
A.
Purpose and Intent: The regulations for the Community Commercial Use District provide
opportunities for residential, office, personal, and business development and services subject to
standards that will ensure land use compatibility with adjacent residential areas. (Residential Uses
within this zone shall follow the standards and/or regulations of the R-l Town Residential Zone)
B.
Permitted Uses. For permitted uses see Table 240-3.
C.
Accessory Uses. For accessory uses see Table 240-5.
D.
General Requirements.
(1)
Dimensional and Density Standards. See Table 240-9. A Site Plan review is required for all
uses in the C-1 district.
(2)
Conditional Use Permit Requirements: If a Conditional Use Permit is required, it is
indicated in Table 240-15.
(a)
A Site Plan review is required for all Conditional Uses in C-1 district.
(b)
A Community Impact Statement is required for all Conditional Uses as part of the
Site Plan submission.
E.
Off-street parking and loading and sign use are per Article IV and V.
F.
Additional regulations in accordance with Article VI, Supplementary Regulations.
Art. II. Zoning District Regulations
14
G.
Design Standards for Infill Development in the C-1 District
(1)
The following design standards shall apply to development within the Commercial-1
District:
(a)
Building footprint and location
[1] Where there are existing buildings within 200 feet of a proposed infill
development, new principal buildings shall be located within five feet of the
same front yard setback line as the adjacent development.
[2] The maximum building footprint in the C-1 district shall be 5,000 square feet.
[3] The maximum length of the building façade facing a public right-of-way shall be
200 feet. Buildings longer than 80 feet along the street frontage shall be designed
to appear as separate and distinct sections, whereas each section has a maximum
length of 50 feet. Building sections shall be differentiated from each other by:
a. Offset from each other by a minimum of 15 feet.
b. Varying rooflines; and
c. Complimentary yet distinctive materials.
(b)
Parking location
[1] Where the majority of adjacent parcels located along the same street frontage of
the proposed infill development provide off-street parking to the side or rear of
the parcel, or lack off-street parking altogether, all parking associated with the
infill development or redevelopment shall be located to the side or rear of the
principal building.
[2] Off-street parking located to the side of a principal building, shall be screened
from view of the public street by a low hedge, wall, or combination thereof. Such
hedge or wall shall be maintained at a maximum height of 42".
[3] Locating off-street parking at a corner location should be avoided.
(c)
Building articulation
[1]
All walls visible from a public street shall have windows, doors, or other
architectural details similar to the primary façade. Blank walls shall be
avoided.
[2]
Roof pitch
a. New nonresidential, mixed residential, and non-residential
construction shall integrate gable or hip roof lines with a pitch of
between 7/12 to 12/12. Alternative roof forms may be approved by
Town Council as a conditional use.
Art. II. Zoning District Regulations
15
b. Flat roofs are strongly discouraged. If unavoidable, the roof shall be
lined with a decorative parapet.
c. A variety of rooflines are encouraged along a single block. A single
roofline may continue uninterrupted for a maximum distance of 50
feet.
[3]
Minimum height
a. The principal buildings shall have a minimum height of 20 feet.
(d)
Screening of utilities
[1]
Rooftop utilities shall not be visible from the street.
[2]
Ground level utilities and dumpsters shall be screened using fencing,
evergreen landscaping or a similar treatment.
(e)
Pedestrian connectivity
[1]
All commercial buildings shall have a primary entrance oriented toward the
street. A direct sidewalk connection between the public street and building
entrance shall be provided.
Section 240-18
C-2 Highway Commercial District
A.
Purpose: The purpose of this district is to provide sufficient space in appropriate locations for a
variety of commercial activities generally serving a wide area and located particularly along certain
existing major thoroughfares where a general mixture of commercial and service activities now
exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking
activity, open storage of material or the nuisance factor of dust, odor and noise associated with
manufacturing.
B.
Permitted Uses. For permitted uses see Table 240-3.
C.
Accessory Uses. For accessory uses see Table 240-5.
D.
General Requirements.
(1)
Dimensional and Density Standards. See Table 240-9. A Site Plan review is required for all
uses in the C-2 district.
(2)
Conditional Use Permit Requirements: If a Conditional Use Permit is required, it is
indicated in Table 240-3.
(a)
A Site Plan review is required for all Conditional Uses in C-1 district.
(b)
A Community Impact Statement is required for all Conditional Uses as part of the
Site Plan submission.
Art. II. Zoning District Regulations
16
E.
Off-street parking and loading and sign use are per Articles IV and V.
F.
Additional regulations in accordance with Article VI, Supplementary Regulations.
Section 240-19
Industrial District (I)
A.
Purpose: The purpose of this district is to provide sufficient space in appropriate locations for
certain types of commercial business and manufacturing uses relatively free from offense, in
modern landscaped buildings, and to make available attractive locations for these businesses and
industries. Typical development in this district would be that which is commonly known as an
industrial or business park. In order to preserve the land for such uses and to avoid future conflicts
between such uses and residential use, future residential uses are restricted.
B.
Permitted Uses. See Table 240-3 for permitted uses.
C.
Accessory Uses. For accessory uses see Table 240-5.
D.
General Requirements.
(1)
Dimensional and Density Standards. See Table 240-9. A Site Plan review is required for all
uses in the Industrial district.
(2)
Conditional Use Permit Requirements: If a Conditional Use Permit is required, it is
indicated in Table 240-3.
(a) A Community Impact Statement is required for all Conditional Uses as part of the
Site Plan submission.
E.
Prohibited Uses: The following uses are specifically prohibited.
(1)
Residences, except those existing at the time of adoption of this amendment.
(2)
Manufacturing uses involving primary production of the following products from raw
materials: Hot mix paving or asphalt cement, cement, charcoal, and fuel briquettes.
(3)
Chemicals: Aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black
and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured
and natural) of an explosive nature, potash, plastic materials and synthetic resins,
pyroxyline, rayon yarn; hydrochloric, nitric, phosphoric, picric, and sulfuric acids; coal,
coke, and tar products including gas manufacturing; explosives, fertilizers, glue, and size
(animal); linoleum and oil cloth; matches, paint, varnishes, and turpentine; rubber (natural or
synthetic), soaps, including fat rendering.
(4)
The following processes: nitrating of cotton or other materials; magnesium foundry;
reduction, refining, smelting, and alloying of metal or metal ores; refining secondary
aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil;
distillation of wood or bones; reduction and processing of wood pulp and fiber, including
paper mill operations.
Art. II. Zoning District Regulations
17
(5)
Operations involving stock yards, slaughter houses, and slag piles.
(6)
Storage of explosives. Bulk or wholesale storage of gasoline above ground.
(7)
Dumps.
(8)
Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to
such uses.
(9)
Junk yards, automobile dismantling plants or storage of used parts of automobiles or other
machines or vehicles or of dismantled or junked automobiles.
F.
Off-street parking and loading in accordance with Article IV.
G.
Sign standards in accordance with Article V.
H.
Additional regulations in accordance with Article VI, Supplementary Regulations.
Section 240-20
Agricultural District (AG)
A.
Purpose. The purpose of this district is to preserve undeveloped areas such as open space and
agricultural lands to enhance the quality of life in Camden, including the opportunity for privacy,
natural environment and beauty, rural and low density surroundings and recreational assets.
(1)
Permitted and Conditional Uses, Accessory Uses. See Tables 240-3 and Table 240-5.
(2)
Dimensional and Density Standards. See Table 240-9.
B.
Other Requirements.
(1)
Building heights shall not exceed those in Section 240-9, unless given specific exception in
Section 240-33G and are necessary to provide economically viable farm storage.
(2)
Off-street parking and loading, and sign use are per Articles IV and V.
(3)
Other Supplementary Regulations in accordance with Article VI, Supplementary
Regulations.
Section 240-21
Preservation District (P)
A.
Purpose. The purpose of this district is to preserve undeveloped areas such as open space and
agricultural lands, areas of special environmental quality, recreation potential, natural beauty or
ecological importance, to enhance the quality of life in Camden, including the opportunity for
privacy, natural environment and beauty, rural and low density surroundings and recreational assets.
(1)
Permitted and Conditional Uses, Accessory Uses. See Table 240-3 and Table 240-5.
Art. II. Zoning District Regulations
18
(2)
Dimensional and Density Standards. See Table 240-9
B.
Other Requirements.
(1)
Building heights shall not exceed those in Section 240-9, unless given specific exception in
Section 240-33G and are necessary to provide economically viable farm storage.
(2)
Off-street parking and loading and sign use are per Articles IV and V.
(3)
Other supplementary regulations in accordance with Article VI, Supplementary Regulations.
Art. III Use and Dimensional Regulations
19
Article III. Use and Dimensional Regulations
Section 240-26. Permitted Uses by District
Table 240- 3. Permitted Uses
TABLE KEY:
Blank= Not Permitted
P = Permitted Use
CU = Conditional Use
Site Plan review required for all subdivisions, projects proposed for R3,
R-4, and Conditional-Uses.
Zone
R-1
Zone
R-2
Zone
R-3
Zone
R-4
Zone
C-1
Zone
C-2
Zone
AG
Zone
P
Agriculture-Related Uses
Farms, Customary and conventional farming
operations including the raising of vegetables, flowers, and
horticultural materials not to be construed to include commercial
poultry, swine production, or cattle feeder lots
P
P
P
P
Greenhouse, Commercial
P
Residential Uses
Apartment above commercial or office uses
P
Accessory apartment in conjunction with SF
detached home
CU
Bed & breakfast
CU
CU
CU
Dwelling, Two Family
P
P
Dwelling, Manufactured Home
P
Dwelling, Multi-family
P
Dwelling, Single Family including modular homes
P
P
P
P
P
CU
CU
Dwelling, Townhouse
P
Home-Based Businesses - See Section 240-40
CU
CU
CU
CU
CU
Home-Based Business- No Impact, See Section 240-40
P
P
P
P
P
Art. III Use and Dimensional Regulations
20
TABLE KEY:
Blank= Not Permitted
P = Permitted Use
CU = Conditional Use
Site Plan review required for all subdivisions, projects proposed for R3,
R-4, and Conditional-Uses.
CU Conditional Use- See Section 240-34
Zone
R-1
Zone
R-2
Zone
R-3
Zone
R-4
Zone
C-1
Zone
C-2
Zone
AG
Zone
P
Sales & Rental of Goods, Merchandise, and
Equipment
Convenience Store (without fueling station);
CU
P
Retail Food Establishments
CU
P
Retail Sales, Service and Repair Establishments 2,500
SF or less
P
P
Retail Sales, Service and Repair Establishments more
than 2,500 SF
P
Retail Sales Establishments with drive-through
P
Supermarket
P
Restaurant, 2,500 SF or less
P
P
Restaurant, 2,500 SF or more
P
Restaurant with drive through
CU
P
Restaurant, Brew-pub
P
Wholesale Trade Establishments
P
Shopping Center
P
Microbrewery
CU
Office, Clerical, Research, Personal Service and
Similar Enterprises Not Primarily Related to
Goods and Services
Business Service Establishments
P
P
Offices
P
P
Office Complex or campus
P
Lodging
P
Art. III Use and Dimensional Regulations
21
TABLE KEY:
Blank= Not Permitted
P = Permitted Use
CU = Conditional Use
Site Plan review required for all subdivisions, projects proposed for R3,
R-4, and Conditional-Uses.
CU Conditional Use- See Section 240-34
Zone
R-1
Zone
R-2
Zone
R-3
Zone
R-4
Zone
C-1
Zone
C-2
Zone
AG
Zone
P
Personal Service Establishments, including self-serve
2,500 SF or less
P
P
Personal Service Establishments incl. self-serve more
than 2,500 SF
CU
P
Social Service Establishments
CU
P
Research, Design, safety compliance facilities, and Testing
Laboratories, excluding animals
P
Banks
CU
P
Banks with drive through; space for waiting vehicles on-site
CU
P
Adult Entertainment, Bookstores, Cabarets
CU
Private Cigar Lounge
CU
Manufacturing, Assembling, Processing - see also Section
240-25
Food Processing, Packaging and Baking
P
Manufacturing, Light
P
Manufacturing, Heavy
P
Asphalt, Aggregate, Hot Mix
Concrete, Cement, stone and gravel bulk storage
CU
Commercial composting, materials recycling
Sanitary transfer station
Education, Cultural, Religious, Social, and Fraternal
Club, private such as golf swimming, and tennis
clubs, lodges, and other annual membership clubs
P
CU
Educational institutions, public
CU
CU
Places of worship
CU
CU
CU
Community Center
CU
CU
P
Art. III Use and Dimensional Regulations
22
TABLE KEY:
Blank= Not Permitted
P = Permitted Use
CU = Conditional Use
Site Plan review required for all subdivisions, projects proposed for R3,
R-4, and Conditional-Uses.
CU Conditional Use- See Section 240-34
Zone
R-1
Zone
R-2
Zone
R-3
Zone
R-4
Zone
C-1
Zone
C-2
Zone
AG
Zone
P
Institutional, Residence, Care, Confinement & Medical
Facilities
Day Care Center
CU
CU
CU
Day Care, Family (1-6 children)
CU
CU
CU
Day Care, Large Family (7-12 children)
CU
Hospital
Medical Clinic
CU
P
Nursing and care facilities
P
Surgical Center
Transportation-Related Sales & Service
Motor vehicle fueling stations
CU
P
Motor vehicle sales, repair, service and storage
CU
Storage & Parking
Distribution center
CU
Garage, public or commercial parking
CU
Self-storage facility
CU
Warehouse
CU
Public, Semi Public, Emergency
Government facilities and services, local
CU
CU
CU
CU
P
P
Government facilities and services, non-local
CU
CU
CU
CU
CU
P
Parks & open space
P
P
P
P
P
P
P
P
Public safety facilities including ambulance, police, rescue, and national
security
CU
CU
CU
CU
P
P
Public utility service facilities
CU
CU
CU
CU
CU
CU
Recreation facility
CU
CU
CU
CU
P
CU
CU
Art. III Use and Dimensional Regulations
23
Not Grouped Elsewhere
Cemeteries
CU
CU
CU
CU
CU
CU
Funeral Home
P
Veterinary clinics animal hospitals, or commercial kennels, provided
that no open pens, runs, kennels or cages are located within 200 feet of
land that is used or zoned residential
P
Art. III Use and Dimensional Regulations
24
Section 240-27. Permitted Accessory Uses
A. Permitted Accessory Uses - Residential
Table 240-4. Accessory Uses and Structures in Residential Zoning Districts
TABLE KEY:
Blank Not Permitted
P Permitted Use
SP Site Plan Review Required
CU Conditional Use - see Section 240-34
See definitions in Art. VIII Section 240-54
Zone
R1
Zone
R2
Zone
R31
Zone
R4
Accessory Uses
Boat, not exceeding 25 feet in length
P
P
P
Detached home workshop / Pole Building2
SP
SP
SP
Greenhouse
P
P
Home-based business - see Section 240-40
CU
CU
CU
CU
Junk Vehicles
Private courts for non-commercial swimming pool and/or games
P
Private Garage
P
P
P
Radio or TV receiving tower not more than 50 feet in height
Recreational Vehicle or Motorhome See Section 240-41
P
P
Shed (<= 288 Square Feet)
P
P
P
P
Trailer for storage or towing boats, camping or other vehicles not exceeding 25 feet in length
SP
SP
SP
Notes:
1. For Single Family Units in R-3, Accessory Uses are the Same as R-2 Single Family.
2. The building footprint of accessory structures shall not exceed the area of the building footprint of the principal building.
Art. III Use and Dimensional Regulations
25
B. Permitted Accessory Uses - Nonresidential
Table 240-5. Permitted Accessory Uses and Structures in Nonresidential Districts
Accessory Uses
TABLE KEY:
Blank Not Permitted
P Permitted Use
SP Site Plan Review Required
CU Conditional Use - see Section 240-34
Zone
C-1
Zone
C-2
Zone
AG
Zone
P
Accessory Farm Buildings e.g. barns, stables, silos
CU
Accessory Maintenance and Storage for Recreational Facilities
CU
Boat, not exceeding 25 feet in length
CU
Detached home workshop/Pole Building
P
Greenhouse
P
P
Home-based business - see Section 240-40
CU
Home-based business, No impact- see Section 240-40
P
Junk Vehicles and Junk Vehicle Storage, unenclosed
Private courts for non-commercial swimming pool and/or games
CU
P
Private Garage with non-residential use
P
Radio or TV receiving tower not more than 50 feet in height
P
P
Recreational Vehicle or Mobile Service Vehicle
CU
P
Tool house
P
P
Trailer not exceeding 25 feet in length
P
P
Trailer for storage or towing exceeding 25 feet in length
P
Materials Stockpile, un-enclosed
CU
Materials Stockpile, enclosed or covered
CU
CU
Material or Equipment Storage, un-enclosed
CU
Material or Equipment Storage, enclosed
P
P
CU
Art. III Use and Dimensional Regulations
26
Section 240-28. Area and Bulk regulations- Residential Principal and Accessory Structures
A. Permitted Principal Uses
Table 240-6. Area and Bulk Regulations for Residential Districts
ZONING DISTRICTS
R-1 Single
Family
R-2 Single
Family
R-3 Single
Family
R-2/R-3
Duplex
R-3
Townhouse
R-3
Multi-Family
Converted
R-3
Multi-
family
R-3
Multi-
Family
Mid-Rise
R-4
Manufactured
Minimum living space per DU(SF)
900
1,000
1,000
1,000
1,000
1,000
750
750
900
Tract Area
5,000
SF
12,000
SF
12,000
SF
8,000
SF
6 AC
6 AC
12,500 SF
30 AC max
Required minimum open space
20%
20%
20%
20%
20%
20%
20%
20%
20%
Max. Dwelling Units per gross Acre
N/A
3
3
6
6
N/A
8
N/A
3
Minimum Lot Standards
Lot Area per Dwelling Unit (SF)
5,000
11,000
11,000
3,600
Int.-2,000
End - 3,000
3,000
3,000
N/A
5,000
Street Frontage (Feet)
50
100
100
36
Int. - 20
End - 30
30
125
125
125
Lot width at front building line (Feet)
50
100
100
36
Int.- 20
End - 30
30
N/A
N/A
50
Minimum lot depth
100
110
110
100
100
100
100
100
100
Setbacks (Feet)
Front yard**
15
25
25
25
25
25
25
25
25
Side Yard
One
8
15
15
5
10
5
10
20
8
Sum of Both
20
40
40
16
N/A
10
25
45
20
Rear yard
30
40
40
30
30
25
25
35
25
Building Standards
Stories
2 ½
2 ½
2 ½
2 ½
2 ½
3
3
6
2 ½
Feet
35
35
35
35
35
35
35
70
35
Maximum Impervious coverage
Bldg/Total (% of lot)
33/60
25/50
25/50
25/50
45/65
33/65
60/80
25/75
30/50
Maximum units with common walls
1
1
1
2
4
1
6
12
1
1.
Tract Area is the minimum acreage or square footage needed to subdivide and/or develop land for each District and dwelling unit type.
2.
Lot Area is the minimum lot size for each dwelling unit type.
3.
DU means dwelling units.
4.
SF means square footage.
5.
Int. means interior.
6.
**See Section 240-12D for infill development in the R-1 and R-2 districts.
Art. III Use and Dimensional Regulations
27
B. Dimensional Standards for Residential Accessory Structures
Table 240-7. Dimensional Standards for Residential Accessory Structures
Detached Garage (Rear Yard)
Other Detached (Rear Yard)
Side Yard Setback
(interior)
10 feet
5 feet
Side Yard Setback
(Corner)
Same as principal building
Same as Principal building
Rear Yard Setback
10 feet
5 feet
Distance from Principal Building
10 feet
10 feet
Distance from Adjacent Lot
Dwelling
20 feet
20 feet
Maximum Height
20 feet
20 feet
Maximum Lot Coverage
Per Zoning District, must be calculated including
principal building and all accessories
Per Zoning District, must be calculated including principal building and all
accessories
C. Permitted Projections into Required Residential Yards
Table 240-8. Permitted Projections in Required Residential Yards
Type of Projection:
Into Front Yard
Into Interior Side
Yard
Into Corner Side
Yard
Into Rear Yard
Balconies, bay windows, canopies, entrances, oriels and vestibules
less than 10 feet wide
3 feet
3 feet
3 feet
3 feet
Chimneys
2 feet
2 feet
2 feet
2 feet
Cornices and eaves
2 feet
2 feet
2 feet
2 feet
Decks, platforms, or similar raised structure
9 feet
6 feet
6 feet
12 feet
Outside Stairways
Not Permitted
Not Permitted
Not Permitted
6 feet
Porches, steps, stoops, terraces and similar features:
Open to sky
9 feet
6 feet
6 feet
12 feet
Roof covering porches, steps, stoops, terraces, decks, or platforms
9 feet
6 feet
6 feet
12 feet
Enclose, including screed-in porches
Not Permitted
Not Permitted
Not Permitted
Not Permitted
Fences
10 feet
To Property Line
To Property Line
To Property Line
Art. III Use and Dimensional Regulations
28
Section 240-29. Dimensional Standards for Nonresidential Districts
Table 240-9. Dimensional and Density Standards for Non-Residential Districts
ZONING DISTRICT
C-1
C-2
I
AG
P
Residential
All Other
Uses
All Uses
All Uses
All Uses
All Uses
Tract Standards
Same as R-1
Single
Family with
Tract Area
of 5,000 SF
Tract Area (SF)
7,500
9,000
43,560
43,560
43,560
Required Minimum Open Space
20%
20%
20%
20%
50%
Min. Lot Standards
Lot Area (SF)
7,500
9,000
43,560
43,560
43,560
Street Frontage (feet)
50
60
100
Lot Width at Front Bldg. Line (feet)
50
60
100
Setbacks (feet)
Front Yard
25
40
50
100
100
Side Yard
10
10
15
100
Interior Yards (each)
10
15
25
100
100
Corner Yard
20
30
50
100
100
Rear Yard
20
20
40
100
100
Maximum Building Height
Stories
2-1/2
3-1/2 or *6
2-1/2
2-1/2
2-1/2
Feet
35
45 or *70
45
35
35
Maximum Building Coverage/Total Impervious
Coverage (% of Lot)
40/80
40/80
55/80
10/20
10/20
Minimum Lot Depth
100
100
150
200
200
Notes:
1. Tract Area is the minimum acreage or square footage needed to subdivide and/or develop land for each District.
2. Lot Area is the minimum lot size for each use type.
3. SF means Square Feet.
4. AC means Acre.
5. * Lodging and/or hotels only. Property owner will be required to submit a site plan for stories and/or height over 45.
Art. III Use and Dimensional Regulations
29
Figure 240-1 Setbacks, Building Coverage, Building Lines
Art. III Use and Dimensional Regulations
30
Figure 240-2 Corner Visibility
Art. IV Off-Street Parking and Loading
31
ARTICLE IV. OFF-STREET PARKING and LOADING
Section 240-30
Off-Street Parking
A.
Purpose: The following regulations are established in order to:
(1)
Lessen congestion and facilitate the movement of vehicular traffic.
(2)
Facilitate the movement of police, fire, and other emergency vehicles.
(3)
Promote the safety and convenience of pedestrians.
(4)
Protect adjoining neighborhoods from the impacts of on-street parking.
(5)
Promote the general convenience, welfare, and prosperity of commercial and other uses that
depend on off-street parking and loading facilities.
B.
Applicability: Off-street parking shall be provided under the following conditions:
(1)
When any use is established or changed.
(2)
When any building or structure is erected, altered, renovated, or expanded.
C.
General Requirements
(1)
The parking requirements in this part of the Ordinance do not limit requirements or
conditions that may be imposed on development plan approvals or other approvals.
(2)
Parking layout shall be reviewed and approved by the Town Fire Chief and the State Fire
Marshal.
(3)
Off-street parking shall not be used for the sale, repair, servicing, or dismantling of any type
of vehicle, equipment, material, or supplies.
(4)
Off-street parking shall be located on the same lot with the building or use served.
(5)
Off-street parking may be located within required side yard or rear yard building setback
areas.
(6)
Required off-street parking for residential uses in the R-1, R-2, and R-3 districts shall not
include garage parking.
(7)
Required visitor parking in residential zones may be provided by way of parking space
clusters along the developments' streets, a series of smaller parking areas, a large centralized
parking lot, or a combination thereof subject to review by the Town Administrator and the
Town Engineer.
(8)
In residential zones, parking space length may be shortened to seventeen (17) feet when
adequate vehicle overhang is provided over a landscaped area, and the space is curbed or
includes a concrete wheel stop. Parking spaces shall not shortened where vehicle overhang
may encroach in the pedestrian access route.
Art. IV Off-Street Parking and Loading
32
(9)
These parking requirements are in addition to required space for storage of trucks or other
vehicles used in connection with any permitted uses.
(10)
The parking requirements in this article do not limit other parking requirements contained in
the district regulation.
(11)
The parking requirements in this article do not limit special requirements which may be
imposed on approved conditional uses.
(12)
Where fractional spaces result, the parking spaces required shall be construed to be the next
highest whole number.
(13)
Floor area shall be as defined in Section 240-52.
(14)
Except as otherwise provided, the number of employees shall be compiled on the basis of
the maximum number of persons employed on the premises at one time on an average day
or average night, whichever is greater. Seasonal variation in employment may be
recognized in determining an average day.
(15)
In the case of mixed uses, uses with different parking requirements occupying the same
building or premises, or in the case of joint use of a building or premises by more than one
use having the same parking requirements. The parking spaces required shall equal the sum
of the requirements of the various uses computed separately.
(16)
Whenever a building or use is changed or enlarged in floor area, number of employees,
number of dwelling units, seating capacity or otherwise, to create a need for an increase in
parking spaces of 10% or more, such additional spaces shall be provided on the basis of the
change or enlargement. No additional spaces shall be required for the first change or
enlargement which would result in an increase of spaces of less than 10% of those required
before the change or enlargement. This exception shall not apply to a series of changes or
enlargements which together result in a need for an increase in parking spaces of 10% or
more.
(17)
Parking requirements, if any, for home-based businesses shall be determined by the Town as
outlined in § 240-40. The front yard shall not be used for the required parking spaces, and
parking spaces shall not be less than five feet from any property line.
C.
Joint Use and Off-Site Facilities.
(1)
Joint Use: Where more than one use occupies a single structure the parking requirements
shall be computed by adding together the number of required parking spaces for each use.
(2)
All parking spaces required herein shall be located on the same lot with the buildings or use
served, except that
Required parking facilities may be located within 300 feet from a nonresidential
building or use served when:
Art. IV Off-Street Parking and Loading
33
(a)
A change in use or an enlargement of a building requires an increase in the number
of parking spaces.
(b)
Spaces are provided collectively to serve two (2) or more buildings.
(3)
Up to 100% of the parking spaces required for a place of worship auditorium or a school
may be used jointly by banks, retail stores, repair shops, service establishments, and similar
uses not normally open or operated during the same hours as places of worship and schools
provided that written agreement thereto is properly executed and recorded as specified
below.
(4)
In any case, where the required parking spaces are not located on the same lot with the
building or use served, or where such spaces are collectively or jointly used, such parking
space shall be established by a recorded covenant or agreement as parking space to be used
in conjunction with the principal use. This parking space shall be reserved as such through
an encumbrance on the title of the property. Such encumbrance shall be valid for the total
period the use or uses for which the parking is needed are in existence. In all cases, the off-
site area allocated to parking shall be compatible for such use and all other requirements
pertaining to parking shall be satisfied.
(5)
Use of required parking lot area for any use other than motor vehicle parking and circulation
shall not be permitted except when reviewed and approved by the Town Administrator.
Such uses may include storage of materials for sale, sale of materials, presentation/display of
materials for sale, or any other use which will cause required parking spaces and vehicle
circulation aisles to be occupied.
D.
Parking Study
(1)
The number of parking spaces to be constructed may be less than the number required herein
only where the following conditions are met to the satisfaction of the Town:
(2)
Evidence is submitted firmly documenting that the special nature of the proposed occupancy
or use of the building requires less parking area or spaces than that required by this article.
(3)
The development plan submitted by the applicant indicates that the location and layout of
that portion of the required parking or loading area deemed unnecessary at the time of
application can and will be constructed on the surface of the site, according to the
requirements of this article, in the event that the Town determines at any time that all or any
additional portion of this parking or loading is necessary and in the interest of the public
health, safety, and welfare.
(4)
In no event shall that authorized portion of the required parking area which is not to be
constructed, but reserved for possible future use, be counted as open space or other non-
paved area required by other provisions of this chapter.
(5)
Minimum impervious surface and open space calculations for the tract shall not include the
parking reserve area. Required landscaped area and open space shall be maintained in the
event that the parking reserve area is subsequently developed.
Art. IV Off-Street Parking and Loading
34
(6)
The parking reserve area shall be landscaped according to an approved plan and in
accordance with this chapter
(7)
The parking reserve area shall have no building, whether temporary or permanent, erected
on it at any time.
E.
Minimum required spaces.
Table 240-10. Off-Street Parking Requirements
USE
OFF-STREET PARKING REQUIREMENT
Residential Uses
Single Family, inc. manufactured
2/du
Two Family/Duplex
2/du + 0.25 visitor spaces/du
Townhouse
2/du + 0.5 visitor spaces/du
Multifamily converted
1.5/du + 0.25 visitor spaces/du
Multifamily/Multifamily Midrise
2/du + 0.5 visitor spaces/du
Commercial / Industrial Uses
Automobile fueling stations
1/ gas pump + 2 spaces + (1 employee space)
Automobile repair garage
1/ each 200 sq ft., excluding sales area
Personal service establishments
2/ each 200 sq ft.
Places of worship / Auditorium
1/ four bench seating spaces in main assembly
Club / Lodge
1/ each 200 sq ft + 1/ employee
Commercial establishment related to retail sales,
trade, merchandising
1/ each 200 sq ft + 1/ employee
Firehouse
Min. 25 spaces
Laundromat / Self-serve establishments
1/ each 2 machines used in operation
Industrial / Manufacturing building
1/ each 2 employees
Medical Clinic or Dispensary / Doctor's office
4/ doctor + 1/ each 2 employees on largest shift
Office building / Professional building / Similar use
1/ each 200 sq ft
Art. IV Off-Street Parking and Loading
35
Schools
1/ teacher + 1/ regular employees + 1/ each 5
students grade 10-12
Restaurant / Similar place dispensing food, drink, or
refreshments
8/ each 1,000 sq ft. + 1/ employee
Drive-through only: Min. 15 spaces + 4 stacking
spaces per drive-through lane
Hotel / Motel
1/ rental room + 1/ 3 employees.
If a restaurant is operated in connection, off-street
parking must meet minimum requirements for
restaurant standards.
Warehouse / storage
1/ 1,000 sq ft OR 1/ 2 employees, whichever is
greater
Microbrewery
1 per 200 square feet assigned for patron use, plus 1
for each 2 employees on the largest shift
Funeral Home
35 spaces for each viewing room plus 1 space for
each employee
Miscellaneous
Home-based businesses
1/ each non-resident employee
Conditional uses
See Article IV, Section 240-30
Joint use
Minimum requirement for each use combined
Shared facilities
Can share up to 100% of required parking
Uses not specifically mentioned
Determined by the Town via similar use
F.
Uses Not Specifically Listed: The required number of parking spaces for uses not specifically listed
in Table 240-10 shall be the same as for a similar listed use as determined by the Town.
G.
Design Standards
(1)
Accessible Parking: Parking spaces or zones for use by persons with disabilities shall be
provided in accordance with the Americans with Disabilities Act.
(a)
Accessible parking spaces shall be signed in accordance with the following:
[1]
Such signs shall be vertical and placed at a height of at least five (5) feet from
grade but no more than seven feet when measured from the surface directly
below the sign to the top of the sign for each parking space.
Art. IV Off-Street Parking and Loading
36
[2]
Such signs shall comply with federal specifications for identification of
parking spaces reserved for persons with disabilities which limit or impair the
ability to walk.
[3]
A sign at least 12 inches wide (horizontal) and 18 inches tall (vertical) that
includes the universal handicapped (wheelchair) symbol of access shall be
required for each parking space reserved for use by persons with disabilities.
[4]
These requirements shall not be construed to preclude additional markings,
such as the international wheelchair symbol or a striped extension area
painted on the space, or a tow-away warning sign.
(2)
Minimum Area: For the purpose of these regulations, an off-street parking space is an all
weather surfaced area not in a street or alley and having an area not less than 200 square feet
(10' x 20') permanently reserved for the storage of one vehicle and connected to a street or
alley by an all-weather surfaced driveway which affords ingress and egress for an
automobile without requiring another automobile to be moved. Parallel spaces shall be a
minimum of 8' x 22'.
(3)
Surface Material: Off-street parking facilities shall be surfaced with erosion-resistant
material in accordance with applicable municipal specifications.
(4)
Drainage and Maintenance: Off-street parking facilities shall be drained to eliminate
standing water and prevent damage to abutting property and/or public streets and alleys and
surfaced with erosion resistant material in accordance with applicable town specifications.
Off-street parking areas shall be maintained in a clean, orderly, and dust free condition at the
expense of the owner or lessee and not used for the sale, repair, or dismantling or servicing
any vehicles, or equipment or supplies.
(5)
Backing onto Public Road Prohibited: Off-street parking spaces that make it necessary for
vehicles to back out directly into a public road are prohibited, except for dwelling units each
having an individual driveway.
(6)
Separation from Walkways and Streets: Off-street parking spaces shall be separated from
walkways, sidewalks, streets, or alleys by a wall, fence, or curbing or other approved
protective device; or by distance so that vehicles cannot protrude over publicly owned areas.
(7)
Entrances and Exits: Location and design of entrances and exits shall be in accordance with
the requirements of applicable regulations and standards. In general, there shall not be more
than one entrance and one exit or one combined entrance and exit along any one street.
(8)
Interior Drives: Interior drives shall be of adequate width to serve a particular design
arrangement of parking spaces.
(9)
Marking: Parking spaces in lots of more than ten (10) spaces shall be marked by painted
lines or curbs or other means to indicate individual spaces. Signs or markers shall be used
as necessary to ensure efficient traffic operation of the lot.
Art. IV Off-Street Parking and Loading
37
(10)
Wheel-stop: All perimeter parking spaces shall have curbing or concrete parking bumpers to
create a positive stop for parking vehicles.
(11)
Lighting: Adequate lighting shall be provided if off-street parking spaces are to be used at
night. The lighting shall be arranged and installed to minimize glare on adjacent property in
a residential district.
(12)
Landscaping and Screening shall be in accordance with Section 240-39.
Section 240-31
Off-Street Loading Requirements.
A.
Specific Requirements by Use: Except as otherwise provided in this Ordinance, when any building
or structure is hereafter erected, or structurally altered to the extent of increasing the floor area by
25% or more, or any building is hereafter converted for the uses listed below, when such buildings
contain the floor areas specified, accessory off-street loading spaces shall be provided as required
below or as required in subsequent sections of this article.
Table 240-11. Off-Street Loading Requirements
Use or Use Category
Floor Area in Square Feet
Load Spaces Required
Retail store, department store,
restaurant, wholesale house,
warehouse, general service,
manufacturing or industrial
establishment
2,000 - 10,000
One
10,000 - 20,000
Two
20,000 - 40,000
Three
40,000 - 60,000
Four
Each Additional
50,000
One
Use or Use Category
Floor Area in Square Feet
Load Spaces Required
Offices or office building,
hospital or similar institutions or
places of public assembly
10,000 - 100,000
Two
100,000 - 200,000
Three
Each Additional
100,000
One
Use or Use Category
Floor Area in Square Feet
Load Spaces Required
Funeral Home
2,500 - 4,000
One
Funeral Home
4,000 - 6,000
Two
Each Additional
10,000
One
B.
Interpretation of Specific Requirements.
(1)
The loading space requirements apply to all districts but do not limit the special
requirements which may be imposed in the district regulations.
(2)
The loading space requirements in this article do not limit special requirements, which may
be imposed in connection with Conditional Uses.
Art. IV Off-Street Parking and Loading
38
C.
Mixed Uses in One Building: Where a building is used for more than one use or for different uses,
and where the floor area used for each use for which loading space is required is below the
minimum for required loading spaces but the aggregate floor area used is greater than such
minimum, then off-street loading space shall be provided as if the entire building were used for that
use in the building for which the most spaces are required. In such cases the Administrator may
make reasonable requirements for the location of required loading spaces.
D.
Design Standards.
(1)
Minimum Size: For the purpose of these regulations a loading space is a space within the
main building or on the same lot, providing of the standing, loading, or unloading of trucks,
having minimum area of 540 square feet, minimum width of 12 feet, a minimum depth of 45
feet, and a vertical clearance of at least 14.5 feet.
(2)
Loading Space for Funeral homes: Loading spaces for a funeral home may be reduced in
size to 10 by 25 feet and vertical clearance reduced to eight (8) feet.
(3)
Drainage and Maintenance: Off-street loading facility shall be drained to eliminate standing
water and prevent damage to abutting property and/or public streets and alleys and surfaced
with erosion resistant material. Off-street loading areas shall be maintained in a clean,
orderly, and dust-free condition at the expense of the owner or lessee and not used for the
sale, repair, dismantling, or servicing of nay vehicles, equipment, materials, or supplies.
(4)
Entrances and Exits: Location and design of entrances and exits shall be in accord with
applicable requirements of traffic regulations and standards. Where the entrance or exit of a
building is designed for truck loading and unloading, such entrance or exit shall be designed
to provide at least one (1) off-street loading space. Where an off-street loading space is to
be approached directly from a major thoroughfare, necessary maneuvering space shall be
provided on the lot.
Article V. SIGN STANDARDS
Section 240-32
Sign Standards and Restrictions
A.
Purpose: Signs perform an important function in identifying and promoting properties, businesses,
services, residences, events, and other matters of interest to the public. The intent of this section is
to regulate all signs within the Town of Camden to ensure that they are appropriate for their
intended uses, consistent with the appearance of the subject property and adjoining environment,
and protective of the public health, safety, and general welfare by:
(1)
Setting standards and providing uniform controls that permit reasonable use of signs and
preserve the character of the Town of Camden.
(2)
Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations
as may create a hazard to pedestrians and motorists.
Art. V. Sign Standards
39
(3)
Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide
adequate identification and direction while minimizing clutter, unsightliness, and confusion.
(4)
Establishing a process for the review and approval of sign permit applications.
(5)
Ensuring sign design that builds on the traditional character that the Town of Camden seeks
to promote.
B.
After the effective date of this ordinance and unless herein excepted, no sign shall be erected,
constructed, posted, painted, altered, maintained, or relocated, except as provided in this section and
in these regulations, until a permit had been issued by the Administrator. Before any permit is
issued, and application especially provided by the Administrator shall be filed, together with a
sketch or drawing or specification as may be necessary to fully advise and acquaint the
Administrator with the location, construction, materials, manner of illuminating and/or securing or
fastening, and number of signs applied for.
C.
General Provisions
(1)
The Administrator shall remove or cause to be removed any sign erected or maintained in
conflict with these regulations if the owner or lessee of either site or the sign fails to correct
the violation within 30 days after receiving a written notice of violation from the
Administrator. Removal of a sign by the Administrator shall not affect any proceedings
instituted prior to removal of such sign.
D.
Prohibited Signs
(1)
No signs, banners, pennants, streamers, spinners, or similar devices constructed of cloth,
fabric, cardboard, metal or other like material, displayed for attention getting purposes
except where the Administrator has authorized such a use on a temporary basis.
(2)
No sign shall flash, move, rotate, oscillate, or employ gas filled or illuminated tubing such as
neon, or similar type or computer generated or electronic message boards.
(3)
Abandoned signs.
(4)
Any sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes,
fences, public benches, streetlights, or other objects, or placed on any public property or in
the public right-of-way or on any private property without the permission of the property
owner.
(5)
Vehicular signs. This regulation does not include the use of business logos, identification or
advertising on vehicles primarily and actively used for business purposes and/or personal
transportation.
(6)
Signs which prevent free ingress or egress from any door, window, fire escape, or that
prevent free access from one part of a roof to any other part. No sign other than a safety sign
shall be attached to a standpipe or fire escape.
(7)
Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open
flames.
Art. V. Sign Standards
40
(8)
Reflective signs or signs containing mirrors.
(9)
Signs incorporating beacon or festoon lighting.
(10)
Any banner or sign of any type suspended across a public street, without the permission of
the owner of the property and road.
(11)
Roof signs.
(12)
Signs erected without the permission of the property owner, with the exception of those
authorized or required by local, state, or federal government.
(13)
Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as
determined by the Town of Camden.
(14)
Any sign that promotes illegal activity.
E.
General Regulations
(1)
All signs shall comply with yard setback requirements of the district in which they are
located except that free standing signs may be located within the front yard so long as they
comply with the front yard setback as required in Article III.
(2)
The owner and/or tenant of the premises shall be held responsible for any violation of these
regulations. Where a sign has been erected in accordance with these regulations, the sign
company shall be relieved of further responsibility under these regulations.
(3)
All signs shall be maintained in good conditions and appearance. After due notice has been
given, the Administrator may cause to be removed any sign which shows gross neglect or
becomes dilapidated.
(4)
No sign shall occupy a sight triangle.
F.
The following signs shall be allowed without a sign permit and shall not be included in the
determination of the type, number, or area of signs allowed within a zoning district:
(1)
Professional, accessory use or name signs indicating the profession or activity of the
occupant of a dwelling, or signs indicating the private nature of a driveway or property,
providing that no more than two (2) such signs shall be located along one (1) road frontage
and that the total combined area on one (1) side of such sign or signs shall not exceed two
(2) square feet.
(2)
Official signs, erected by a public authority or public utility such as but no limited to
highway signs, railroad crossing, danger and other signs that may be required by a
governmental or public utility authority or agency in connection with the identification
operation or protection of property or activity.
(3)
Warning signs may be placed by property owners to warn of dangers, such as but not
restricted to hidden driveways, cattle crossings, and traffic directions on private drives.
Art. V. Sign Standards
41
(4)
A temporary sign relating to the sale of the property such sign is placed upon. No more than
one sign per street frontage shall be placed on a property. The sign shall be removed
promptly when the property is sold.
(5)
Directional signs relating to a use located in the town may be erected off the property of use.
These signs shall not include more than the name, direction and nature of the business or
activity referred to. Each sign shall have not more than two (2) square feet on one (1) side
and not more than two (2) shall be erected for any one use. Directions signs for activities
outside the town will not be allowed within the town.
(6)
Legal notices such as but not limited to signs used to "post" property to prevent trespassing,
hunting, trapping, etc.
(7)
Temporary public announcements to advertise events of places of worship, fire companies,
other public charitable religious events and also public sales of an individual's household
goods, farm equipment, stock, or property are permitted providing that:
(a)
the event is held within the town;
(b)
the notices are a maximum of 16 square feet in area, to be removed within seven
days; and
(c)
the notices are removed within 48 hours following the event.
(8)
Temporary non-illuminated political signs not more than 16 square feet in area, to be
removed within seven (7) days after the election. Removal shall be the responsibility of the
candidate and/or erector of the sign.
(9)
Signs inside a building what are not meant to be viewed outside and located more than three
feet from a window.
(10)
Seasonal decorations
G.
Signs in Residential Zoning Districts.
(1)
Sign Measurement Requirements for Residential Districts.
Table 240-12 Sign Measurement Requirements for Residential Districts
Location / Use in Residential
Zones R 1, R-2, R-3 and R-4
Total Signs
Allowed
Maximum Sign
Area (per sign)
Permit
Required
(Yes/No)
Home-Based Business:
1 Ground
1 Wall Mounted
16 SF
Yes
Institutional Use
1 Ground
1 Wall Mounted
32 SF
Yes
Subdivision Entrance:
1 Ground per
street entrance
32 SF
Yes
Temporary:
Freestanding
16 SF
No
(2)
Sign Setback and Height Requirements for Residential Districts.
Art. V. Sign Standards
42
Table 240-13 Sign Setback and Height Requirements for Residential Districts
Ground
Wall Mounted
Setbacks (feet)
Front Yard
10
NA
Side Yard
Same as Principal Use
Same as Principal Use
Maximum Sign Height
Feet
5
Below Eave
(3) Illumination. Signs in residential districts are permitted to be externally illuminated. The
source of such illumination shall be shielded from view.
H.
Signs in the Commercial-1/Historic Overlay Zoning Districts.
(1)
Maximum sign area for any individual sign in the C-1/Historic Overlay shall be 20 square
feet, unless otherwise specified.
(2)
The following sign types shall be permitted within the C-1/Historic Overlay District:
(a)
Freestanding
[1]
If freestanding signs are used, ground signs are encouraged
[2]
Maximum height: 10 feet.
(b)
Wall Sign
[1]
A maximum of one wall sign per tenant per street frontage.
[2]
Signs shall have a maximum height equal to the eaveline or the bottom of the
second story windowsill, whichever is lower.
[3]
Maximum area: 20 square feet
(c)
Projecting Sign
[1]
Number permitted: 1 per street frontage
[2]
The sign shall not project more than three feet from the face of the building
and no closer than five feet to the curbline or shoulder of a public right-of-
way
[3]
The lowest edge of the sign shall be a minimum of 7 feet above the finished
grade.
[4]
Maximum area: 12 square feet per side
[5]
Signs shall have a maximum height equal to the eaveline or the bottom of the
second story window sill, whichever is lower.
(d)
Window Signs
Art. V. Sign Standards
43
[1]
A maximum of 15% of the total window area of any single storefront shall be
used for permanent signs that are etched, painted or otherwise affixed to the
window.
[2]
A maximum of 25% of the total window area of any single storefront may be
covered by a combination of permanent and temporary window signs.
(e)
Portable Sign
[1]
1 per entrance
[2]
Such sign shall not block pedestrian pathways
(3)
Digital display signs shall not be permitted.
(4)
Illumination.
(a)
Light sources to illuminate signs shall neither be visible from any street right-of-way,
nor cause glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent
properties.
I.
Signs in the Commercial-1 (outside of the Historic Overlay District) and Commercial-2 Zoning
District:
(1)
One (1) single-faced wall sign for each business which fronts on Route 13. Such sign will
be no larger than 15% of the area of the building front, which each business occupies.
(2)
One (1) double-faced freestanding sign, no more than 200 square feet in area, in accordance
with the following setbacks:
Distance from Front Property Line/Maximum Size Permitted
- 0-5 Feet
/
None Permitted
- 5 - 15 Feet
/
48 Square Feet
- 15 - 25 Feet /
99 Square Feet
- 25 - 35 Feet /
100-160 Square Feet
- 35 + Feet
/
200 Square Feet
(a)
Sign height shall not exceed 25 feet.
(3)
Off-premises signs shall be prohibited.
(4)
Temporary signs in a nonresidential district shall be no larger than 100 square feet in area,
nor more than 1,000 feet of streamers, flags or pennants.
(5)
No billboards shall be permitted.
(6)
All other restrictions pertaining to signs apply.
(7)
Message Center Signs:
Art. V. Sign Standards
44
[1]
Area: the message center sign shall comprise a maximum of 50% of the total
sign area of any one sign.
[2]
Maximum: 1 sign per property
[3]
No message center sign may contain text which flashes, pulsates, moves, or
scrolls. Each complete message must fit on one screen.
[4]
The content of a message center sign must transition by changing instantly
(e.g., no fade-out or fade-in).
[5]
The sign shall contain a default design which shall freeze the sign message in
one position if a malfunction should occur.
[6]
Conversion of a permitted non-message center sign to a message center sign
requires the issuance of a permit.
[7]
The addition of any message center sign to a nonconforming sign is
prohibited.
(8)
Digital display signs shall not be permitted.
(9)
Sign in Shopping Complexes (Shopping and Strip Centers).
(a)
A commercial complex consists of three (3) or more businesses occupying the same
parcel of land.
(b)
Such complexes are limited to one (1) double-faced freestanding sign naming the
complex and listing the tenants, located no closer than 25 feet from a property line.
(c)
Sign height shall not exceed 25 feet.
(d)
Freestanding signs shall not exceed 200 square feet in area.
(e)
A free-standing building separate from the inline shopping (pad site) shall be
allowed one double-faced sign, not closer than 15 feet from a font property line and
not more than 64 square feet in area, and sign height shall not exceed 25 feet.
(f)
No more than two (2) double-faced freestanding pad site signs are permitted in one
shopping complex.
(g)
All other restrictions to signs shall apply.
(10)
Signs in Business Complex.
(a)
On premises signs permitted:
[1]
One (1) single-faced, wall-mounted sign for each business which fronts on
Route 13 divided highway. Such sign shall be no larger than 10% of the area
of the building front which each business occupies.
[2]
One double-faced sign, no more than 100 square feet in area in accordance
with the following setbacks:
Distance from Front Property Line/Maximum Size Permitted
Art. V. Sign Standards
45
- 0-5 Feet
/
None Permitted
- 5 - 15 Feet
/
48 Square Feet
- 15 - 25 Feet /
99 Square Feet
- 25 - 35 Feet /
160 Square Feet
- 35 + Feet
/
200 Square Feet
(b)
Sign height shall not exceed 25 feet.
(c)
Off premises signs shall be prohibited
(d)
Temporary signs shall be no larger than 100 square feet in area, nor more than 1,000
square feet of streamers, flags or pennants.
(e)
Signs for the sale of real estate shall be no larger than 160 square feet in area and
must be removed within 14 days after settlement.
(f)
No billboards will be permitted.
(g)
All other restrictions pertaining to signs apply.
J.
Signs in Industrial Districts.
(1)
One sign facing each street from which access to the lot is provided announcing the name or
insignia, or both, of the company or companies housed in the development on the lot.
Monument or pylon sign permitted, with conditional approval by the Planning Commission.
(2)
One wall mounted sign, not to exceed an area of 50 square feet is permitted per building.
(3)
If illuminated at night, such illumination shall be indirect, with all light sources shielded
from the view of adjacent lots and streets and shall be extinguished not later than 9 p.m.
(4)
One identification sign at each point of access to the lot with an area of not more than 3
square feet, and internal direction signs, each with an area of not more than 2 square feet,
shall also be permitted.
K.
Sign Administration.
(1)
Permit required. A permit shall be required to erect, alter, display, relocate or replace any
sign structure or mural, except as exempted herein.
(2)
Application contents and procedure.
(a)
Application for permit to erect or install a sign shall be submitted by the owner,
tenant, or lessee of the property on which the sign is located or by the authorized
agent, Delaware licensed contractor, or registered architect or engineer.
Art. V. Sign Standards
46
(b)
The application is to be made in writing to the Town Administrator and shall be
signed by the applicant.
(c)
The application shall state the address, site of installation, and estimated cost of work
and fully describe the sign according to the definitions and specifications of this
Article.
(3)
Permit fee. Upon approval of the application and before issuing the sign permit, a permit fee
in accordance with the Town Fee Schedule shall be paid.
(4)
Any person adversely affected by the provisions of this article as defined in a decision of the
Town Administrator concerning the compliance to code and denial of application may
appeal to the Board of Adjustment for a variance from the provisions herein.
(5)
If the licensee shall at any time fail to comply with the provisions of this article or not be in
accordance with the approved drawings, specifications and details of the approved
application, or shall fail to comply with any written directions of the Town Administrator,
the Town may suspend or revoke the permit and provide the reasoning therefor.
ARTICLE VI. SUPPLEMENTARY REGULATIONS
Section 240-33
Area, Bulk, Height, Access and Visibility
A.
General Provisions: The following chart indicates general minimum requirements relating to lot
area, bulk, and height requirements in various districts.
B.
Yards and Open Space (General).
(1)
Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a
portion of the required yard.
(2)
Every part of a required yard shall be open to the sky, except ordinary projections of sills,
window air conditioning units, chimneys, cornices, ornamental features and the like which
may project to a distance no more than 24 inches into a required yard.
(3)
More than one (1) principal building may be located on a lot as long as the total minimum
lot area is increased proportionately to the number of buildings. In no case shall the location
or erection of any building or portion of a building be outside the buildable area of the lot.
(4)
Where the majority of front setbacks have been established by existing development within
a block the average depth of said front setbacks shall apply. Where there is considerable
irregularity in said setbacks, the Planning Commission determine the setback that is most
compatible to the established setback of existing development to either side of the parcel
Art. VI. Supplementary Regulations
47
under consideration in accordance with the intent and standards outlined in Sections 240-
12.D and 240.25.F.
C.
Front Yards.
(1)
Rights-of-way shall be established in accordance with the DelDOT Functional Classification
Map and Section 3.6.5 of DelDOT's Standards and Regulations for Subdivision Street and
State Highway Access. Front yard setbacks shall be offset from the current legal right-of-
way line.
(2)
In the case of through lots, the required front yard shall be provided on each street.
(3)
There shall be a front yard on each street side of a corner lot in any district: provided,
however, that the buildable width of a lot of record at the time of passage of this ordinance
shall not be reduced to less than 30 feet.
(4)
Open, unenclosed porches, platforms or paved terraces, not covered by a roof or canopy and
which do not extend above the level of the first floor of the building, may extend or project
into the front yard not more than nine (9) feet.
(5)
Where the street frontage in a block, or within 400 feet of the lot in question, is partially
built-up, the minimum front yard for a new building shall be the average of the existing front
yards on either side thereof in the same block with a variation of five (5) feet permitted,
provided, however that no front yard in a residential district shall be less than 20 feet or need
be more than 75 feet. Where 40% or more of the street frontage is improved with
building(s) that have no front yard, no front yard shall be required for the remainder of the
street frontage.
D.
Side Yards.
(1)
Open unenclosed porches, fire escapes, platforms or paved terraces, not covered by roof or
canopy and which do not extend above the level of the first floor of the building, may extend
or project into the side yard not more than six (6) feet.
(2)
For the purpose of the side yard regulations, a group of businesses or industrial separated by
common or party walls shall be considered as one (1) building occupying one (1) lot.
E.
Rear Yards: Open fire escapes, outside stairways and balconies, and the ordinary projections of
chimneys and flues may project into the required rear yard for a distance of not more than five (5)
feet, but only where the same are so placed as not to obstruct light and ventilation.
F.
Corner Visibility: As an aid to freer safe movement of vehicles at and near street intersections and
in order to promote adequate protection of the safety of children, pedestrians, operators of vehicles
and for property, the following provisions shall apply:
(1)
At street intersections, nothing shall be built, placed, planted, or allowed to grow higher than
three (3) feet within the "sight triangle."
Art. VI. Supplementary Regulations
48
(2)
Subdivision intersection sight triangles shall be measured along the curb line of the
intersecting streets for a distance of 30 feet from the intersection and formed by connecting
the respective 30-foot distances as shown in Figure 240-2.
(3)
Sight distance regulations for intersections with State maintained streets shall be governed
by the DelDOT Standards for Regulations for Subdivision Streets and State Highway
Access, Section 5.4.
G.
Height limitations (General). The height limitation of this Ordinance shall not apply to
appurtenances usually required to be placed above the roof level and not intended for human
occupancy. Such appurtenances include, but are not limited to, the following:
(1)
Flag poles;
(2)
Public monuments;
(3)
Water Towers;
(4)
Ornamental towers or spires;
(5)
Chimneys;
(6)
Belfries or cupolas;
(7)
Smoke stacks;
(8)
Satellite Dishes for residential use
I.
Structures to Have Access.
(1)
Lots on which new structures are built or to which a structure is relocated, must be adjacent
to, or have access to, a public street.
(2)
Structures shall be placed on lots in a manner that provides safe and convenient access for
utility servicing, fire protection, and required off street parking.
J.
Visibility at Intersections.
(1)
At street intersections, nothing shall be built, placed, planted, or allowed to grow higher than
three (3) feet within the "sight triangle."
(2)
Subdivision intersection sight triangles shall be measured along the curb line of the
intersecting streets for a distance of 30 feet from the intersection and formed by connecting
the respective 30-foot distances as shown in Figure 240-2.
(3)
Sight distance regulations for intersections with State maintained streets shall be governed
by the DelDOT Standards for Regulations for Subdivision Streets and State Highway
Access, Section 5.4.
Art. VI. Supplementary Regulations
49
Section 240-34
Conditional Use Regulations
A.
Conditional Uses. The purpose of the conditional use procedure is to provide for certain uses which
cannot be well adjusted to their environment in particular locations with full protection offered to
surrounding properties by rigid application of the district regulations. These uses either have
unusual characteristics or are generally of a public or semi-public character and are essential and
desirable for the general convenience and welfare of the public. However, because of the nature of
the use, the importance of its relationship to the Comprehensive Plan, and its possible impact not
only on neighboring properties, but on the entire community, exercise of planning judgment on
location and site plan is required.
(1)
A conditional use should be approved only if it is found that the location is appropriate and
not in conflict with the Comprehensive Plan, that the public health, safety, morals and
general welfare will not be adversely affected, that adequate off-street parking facilities will
be provided, and that necessary safeguards will be provided for the protection of
surrounding property, persons and neighborhood values, and further provided that the
additional standards of this section are complied with.
(2)
Unless otherwise specified in this section or specified as a condition of approval, the height
limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the
district in which the conditional use is located.
(3)
All applications for Conditional Uses must conform to design standards for the zoning
district and the Land Subdivision Ordinances. If there is a conflict, the stricter standard shall
apply.
B.
Specific Conditional Use Requirements.
(1)
Communications Towers.
(a)
Every effort shall be made to co-locate on an existing structure with the Town and its
environs.
(b)
A Letter of Denial from the owner(s) of any existing structure will be required prior
to permitting of new tower locations.
(2)
Microbrewery
(a)
All aspects of the brewing process shall be completely confined within a building.
(b)
No outdoor storage of raw materials, supplies, or product shall be allowed; this
prohibition includes the use of fixed or portable storage units, cargo containers and
tractor trailers.
(c)
The brewery function shall be designed and operated so as to have no noxious or
offensive brewery-related air-borne or water-borne emissions, including odors from
Art. VI. Supplementary Regulations
50
storage of solid or semi-solid waste or by-product, that create a public or private
nuisance.
(d)
A tasting area is permitted. Such area shall have no seating and shall comprise a
maximum of 20% of the floor area of the building or a maximum of 500 square feet,
whichever is less.
(e)
Required off-street parking shall be provided for employees of the operation plus the
tasting room in accordance with this Chapter.
(f)
Temporary events. Temporary events shall meet the following conditions:
[1]
Such uses may occur for a maximum of one day six times each calendar year
for any lot or business establishment.
[2]
Outdoor seating, when permitted, shall not exceed 10% of the lot area and
shall not be located within any required setback.
[3]
Such uses shall not obstruct pedestrian or automobile traffic.
[4]
Signage shall be in accordance with the requirements of this chapter.
[5]
A temporary use permit shall be required.
[6]
A plot plan depicting the location of temporary parking, outdoor seating, food
trucks, live entertainment, and any other details requested by the Town shall
be submitted as part of the temporary use permit applications.
[7]
Any outdoor operating hours shall cease at 10PM.
(3)
Brew-pub
(a)
A Brew-pub shall meet all of the conditions of a Microbrewery. In addition, such
use shall meet the following conditions:
[1]
The brewery-pub must be situated on the premises of and be physically a part
of a restaurant with a valid occupancy permit from the Town.
[2]
No more than 50% of the total gross floor area of the establishment shall be
used for the brewery function, including, but not limited to, the brewhouse,
boiling and water treatment areas, bottling and kegging lines, malt milling
and storage, fermentation tanks, conditioning tanks and serving tanks.
[3]
No more than 4,000 barrels (124,000 U.S. gallons) of beer shall be brewed on
the premises in any calendar year.
[4]
Retail carryout sale of beer produced on the premises shall be allowed in
containers having a capacity of no more than one U.S. gallon (3,785 ml/128
U.S. fluid ounces).
Art. VI. Supplementary Regulations
51
(4)
Where permitted in accordance with Table 240- 3, Adult entertainment establishments,
bookstores and massage establishments and other like businesses may be permitted as a
Conditional Use PROVIDED:
(a)
Minimum distance between this use and a lot that is zoned residential, including lots
zoned residential in Kent County, or between this use and a school, place of worship,
playing field, park, playground or other area where large numbers of minors
regularly travel or congregate, library or other recreational facility whether
commercial or nonprofit shall be 1,000 feet; and
(b)
Minimum distance between this use and another establishment of this type shall be
1,000 feet; and
(c)
An application for conditional use approval shall be accompanied by a letter from the
Delaware Commission on Adult Entertainment indicating the Commission's intent to
issue a license to the applicant when such a license is required by Chapter 16, Title
24, Delaware Code; and
(d)
All building openings, entries and windows, etc., shall be located, covered or
screened in such a manner as to prevent a view into the interior from any public or
semi-public area; and
(e)
Advertisements, displays or other promotional materials shall not be shown or
exhibited so as to be visible to the public, and such displays shall be considered as
signs and therefore subject to any Town of Camden Sign Regulations. One sign no
larger than 32 square feet in area of any type as may be listed in Town of Camden
Regulations shall be permitted.
(5)
Where permitted in accordance with Table 240- 3 as a Conditional Use, private cigar lounge
with annual or semi-annual membership, indoor smoking, and sale of alcohol, tobacco
products, and food products PROVIDED:
(a)
Minimum distance between this use and a lot that is zoned residential, including lots
zoned residential in Kent County, or between this use and a school, place of worship,
playing field, park, playground or other area where large numbers of minors
regularly travel or congregate, library or other recreational facility whether
commercial or nonprofit shall be 750 feet; and
(b)
Minimum distance between this use and another establishment of this type shall be
1,500 feet; and
(c)
The permittable hours of operations for this establishment type are as follows;
[1]
The sale of retail and food items only;
a. Permissible Monday, Tuesday, Wednesday, and Thursday from 9:00
AM - 11:00 PM
Art. VI. Supplementary Regulations
52
b. Permissible Friday, Saturday and Sunday from 9:00 AM - 12:00 AM
[2]
The indoor consumption of alcohol and tobacco products;
a. Permissible Monday Tuesday, Wednesday, and Thursday from 12:00
PM - 11:00 PM
b. Permissible Friday, Saturday and Sunday from 12:00 PM - 12:00 AM
(d)
Establishment must have adequate air filtration systems relative to the size of the
business and rated to clear smoke particles; and
(e)
The preparation and or sale of food and or alcohol items at the business is permitted
if all applicable Delaware laws, policies and permits are strictly adhered to as well as
all applicable Town of Camden laws, policies and permits are also strictly adhered
to. If there is a conflict between the State of Delaware laws, policies and permits, and
the Town of Camden's, then the entity with the strictest requirements will be what is
followed; and
(f)
If federal use of recreational Marijuana is legalized to use and or sell, AND also
legalized in the state of Delaware to use and or sell, then a 2/3 vote by Camden
Town Council is REQUIRED before use of Marijuana is permitted at this or any
establishment in the Town of Camden.
Section 240-35
Nonconforming Situations
A.
It is the intent of this Ordinance to allow for the continued use of legally nonconforming lots,
buildings, structures, and uses of land, buildings and structures Such nonconforming situations may
not be enlarged, extended, reconstructed or structurally altered except in compliance with the
provisions in this Ordinance.
B.
Nonconforming Structures:
(1)
A building nonconforming only as to height, area or yard requirements may be altered or
extended, provided such alteration or extension does not increase the degree of
nonconformity in any respect.
(2)
Normal repair and maintenance is permitted and encouraged.
(3)
If a nonconforming structure is moved, it shall be relocated in a manner that conforms to the
provisions of this Ordinance.
C.
Nonconforming Uses:
(1)
Change of Nonconforming Use: If no structural alterations are made, a nonconforming use
of a building may be changed to another nonconforming use of the same or more restricted
classification. Whenever a nonconforming use of land or building has been changed to a
more restricted use or to a conforming use, such use shall not thereafter be changed to a less
restrictive use.
Art. VI. Supplementary Regulations
53
D.
Discontinuance of Nonconforming Use: No building or portion thereof used in whole or in part for
a nonconforming use which remains idle or unused for a continuous period of one (1) year, whether
or not the equipment or fixtures are removed, shall only be used in conformity with the regulations
of the district in which such building or land is located.
E.
Destruction of a Nonconforming Use: Except for residential uses which are continued under Section
(i) of this Article, no building which has been damaged by any cause whatsoever to the extent of
more than 50% of the fair market value of the building, immediately prior to damage, shall be
restored except in conformity with the regulations of this Ordinance and all rights as a
nonconforming use are terminated. If a building is damaged by less than 50% of the fair market
value, it may be repaired or reconstructed and used as before the time of damage, provided that such
repairs or reconstruction be substantially completed within 12 months of the date of such damage;
however a nonconforming dwelling may be rebuilt within any zoning district.
F.
Existence of Nonconforming Use: When evidence available to the Administrator is deemed by him
or her to be inconclusive as to whether a nonconforming use exists, this question shall be decided
by the Board of Adjustment after public notice and hearing and in accordance with the
rules of the Board. The casual, intermittent, temporary or illegal use of land or buildings shall not
be sufficient to establish the existence of a nonconforming use and the existence of a
nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use
on the entire lot or tract.
G.
Nonconforming Lots: The owner of a lot, parcel or tract of land may erect a dwelling or make other
improvements on the lot even though the lot does not conform to the requirements of this Ordinance
as to area and dimension of lots, provided the lot, parcel or tract of land was lawfully on record
prior to the effective date of this Ordinance; and provided the improvements conform in all other
respects to all other applicable regulations and restrictions. A variance shall be required to deviate
from any provisions of this chapter other than lot width and lot size.
H.
Nonconforming Signs in a Residential District: In a residential district where any sign does not
comply with provisions of this Ordinance, such sign and any supporting structures may be
maintained but shall not be replaced, reconstructed, moved, structurally altered, or relighted except
in compliance with the provisions of this Ordinance and may continue in use unless subject to
removal under other provisions of this Ordinance. Removal, replacement, reconstruction, moving
or structural alteration for any cause whatsoever shall be considered as a loss of nonconforming
status. Supporting structures for nonconforming signs may continue in use for a conforming sign if
said support structures comply in all respects to the applicable requirements of these regulation and
other codes and ordinances. No permits for additional signs shall be issued for any premises on
which there are any nonconforming signs.
I.
Nonconforming Dwellings in Business and Industrial Districts: A dwelling nonconforming as to use
in a commercial or industrial district shall be considered as a conforming use in the application of
height, area and bulk requirements of this Ordinance.
J.
Nonconforming Residential Use May be Continued: A nonconforming dwelling may be replaced or
rebuilt in any zoning district.
Art. VI. Supplementary Regulations
54
Section 240-36
Open Space
A.
Open Space shall be incorporated into all planned development projects so to provide opportunity
for passive and active recreation as well as to protect and preserve environmentally sensitive areas.
(1)
All planned development projects containing six (6) or more dwellings shall be required to
dedicate a minimum of twenty (20%) percent of the gross tract area to open space.
(2)
A minimum of fifty (50%) percent of the required open space shall be suitable for active
recreation and therefore shall be free of wetlands, floodplains, stormwater management
facilities, and the like
(3)
Opportunity for active recreation shall be integrated with passive recreation and preserved
natural areas.
(4)
Open space shall not include lots having residential improvements thereon or stormwater
management areas, but may include floodplains, riparian buffers or other vegetated areas if
provided with recreational amenities such as playgrounds, recreational trails, picnic areas, or
other amenities for the community.
(5)
All lands in any planned development in any zone that are constrained by site limitations,
environmental features, dedicated to stormwater management, or unimproved buffers as
regulated by other sections of this ordinance shall be set aside as preserved open space.
Preserved open space areas may either be left in a natural state, or enhanced using
appropriate and environmentally sustainable planting, reforestation, or stabilization methods.
Preserved open space shall not contribute to the passive and active open space required to be
provided on the tract being developed. However, the preserved open space area shall factor
into total tract area when calculating open space area requirements.
(6)
Development in the vicinity of undeveloped open space shall be designed to protect the
site's sensitive natural resources. The undeveloped open space shall be utilized to provide
protection for critical ecosystems within the project site and to preserve in perpetuity the
natural assets of the project area.
B.
In planned development projects designated open space areas shall be centrally located or evenly
dispersed throughout the development and accessible to all residents of the community.
(1)
The minimum recreational facilities for planned residential developments shall be as
follows:
(a)
Up to seventy-five (75) units: A complex of active recreation in conjunction with
passive parks developed with walkways, benches, and trees and lawn areas and; An
active recreation area with one (1) basketball court, and/or one (1) swimming pool,
and/or similar facility(s). There shall also be one (1) playground.
Art. VI. Supplementary Regulations
55
(b)
Seventy-five (75) to two hundred (200) units: A complex of active recreation in
conjunction with passive parks developed with walkways, benches, and trees and
lawn areas and; at least one (1) multi-purpose field with dimensions able to provide
baseball (or softball), football, and soccer with overlapping play areas. One (1)
basketball court, and/or one (1) swimming pool, and/or similar facility(s). There
shall also be one (1) playground.
(c)
More than two hundred (200) units: A complex of active recreation in conjunction
with passive parks developed with walkways, benches, and trees and lawn areas and;
either two (2) separate multi-purpose fields, or single, larger area to accommodate
two (2) such fields on one (1) site, together with improvements for at least two (2)
court games. There shall also be at least one (1) playground. The multi-purpose
field(s) shall locate a baseball or softball field separate from a football or soccer
field.
(d)
For developments greater than four hundred (400) units: A complex of active
recreation in conjunction with passive parks developed with walkways, benches, and
trees and lawn areas and; at least three (3) multi-purpose fields, either three (3)
separate parcels, or one (1) or two (2) larger fields providing equivalent area.
Baseball or softball field(s) shall be separate from football or soccer field(s). There
shall also be at least two (2) basketball courts, two (2) tennis courts, and two (2)
playgrounds. One (1) or two (2) swimming pools are optional in lieu of one (1)
multi-purpose field. One (1) skate/bicycle park is optional in lieu of one (1)
multipurpose field.
C.
Open space areas may be in the form of one large area, or numerous smaller areas spread
throughout a community provided each is a minimum area of one thousand (1,000) square feet.
D.
The design of the open space network shall integrate a variety of open spaces, including pocket
parks and a larger, central contiguous open space . Pocket parks provide passive recreation in the
form of a landscaped area with seating, small play equipment, monuments or historic markers, or a
combination thereof. Pocket park features are subject to the approval of the Planning Commission
and Town Council.
E.
Design of open space areas shall take into account the age range of potential users of the area to
ensure proposed amenities provide opportunity for enjoyment and the promotion of public health
for all age groups.
F.
Open space areas shall be accessible and connected to all residences and to other open space areas
by a contiguous system of sidewalks, walking trails, pathways or any pedestrian facility designed
into the community. Design of these pathways shall consider the use of landscaping or other
aesthetic features to create identifiable physical ties between each open space area, as well as
between open space areas and residential areas. Trail and walkway features are subject to the
approval of the Town Council with recommendations from the Planning Commission and the Town
Engineer.
Art. VI. Supplementary Regulations
56
G.
For planned developments with twenty-five (25) or more units, the developer shall provide at least
one (1) area suitable and designated for active open space shall be large enough to have inscribed
within it a circle with a diameter of 250 (two-hundred fifty) feet.
H.
The developer shall be responsible for the design and construction open space and recreation
landscaping and amenities so as to provide usable space with positive drainage. Improvements shall
be designed to meet regulation sizes for fields, courts, and other recreational facilities, as applicable.
All open space and recreation improvements shall be subject to the approval of the Town Engineer.
I.
Fields and courts shall be provided with all appurtenant equipment typical for the proposed use(s).
J.
Recreational facilities shall be designed and constructed with the appropriate grading, seeding, sod,
asphalt, concrete, synthetic, or other appropriate surface material as found acceptable by the Town
Engineer. Such facilities shall also be equipped with lighting, fencing, bicycle racks, benches and
trash receptacles, as appropriate.
K.
All trails, walkways and recreational facilities shall meet all ADA for handicapped accessibility.
L.
As part of the condition of final approval, provision shall be made for the establishment of a
homeowners' association or similar legal entity that meets at least the following criteria:
(1)
Clear legal authority to maintain and exercise control over common areas and recreational
facilities.
(2)
Power to compel contributions from residents of the development to cover their
proportionate shares of the costs associated with the maintenance and upkeep of the
common areas and facilities.
(3)
Provision for start-up funding.
(4)
Responsibilities. The homeowners' association shall be responsible for all maintenance,
insurance, taxes, fees, and other burdens customary to the ownership of real property and all
improvements and construction thereon, including but not limited to all recreation amenities,
walkways, storm water facilities, ponds, landscaping, and other facilities not owned or
accepted by the Town.
M.
Design of all open space and recreation areas and amenities is subject to review and approval by the
Town Engineer.
N.
Open space offered for dedication to the Town shall be usable open space that is of suitable size,
dimension, topography and general character for the purpose. Land is considered usable open space
if it meets the following criteria.
(1)
The land is not encumbered with any substantial structures.
(2)
The land is not encumbered by use restrictions imposed after state or federal environmental
clean up actions that would prevent the use of the area.
Art. VI. Supplementary Regulations
57
(3)
The land is not devoted to use as a roadway, stormwater management retention ponds,
parking area or sidewalk.
(4)
The land, if wooded, is left in its natural undisturbed state. This does not include removal of
invasive plant species, hazardous trees and/or the construction of trails or boardwalks for
recreational purposes.
(5)
The land, if not wooded, is suitable for open space use and landscaped with the objective of
creating recreational facilities.
(6)
The land is legally and practically accessible to the residents of the development out of
which the required open space is taken.
O.
Any land designated for dedication to the Town for use as open space shall be shown and marked
on the plan as, "Dedicated for Parks and Recreation".
P.
The Town reserves the right to require dedication of land when a need is specifically included in the
Town of Camden Comprehensive Plan, as most recently adopted.
Q.
The method of preserving open space shall be a determination of the Town.
R.
The developer may post a fee in lieu of the cost of construction of some or all of the required open
space improvements where it can be demonstrated that a physical characteristic specific to the site
substantially impedes the installation of recreation improvements.
(1)
The Town reserves the right to reject any monetary contribution in lieu of open space, based
on review of the developer's claim of hardship by the Town Engineer.
(2)
Payments in lieu of open space improvements shall be deposited in a dedicated trust fund.
The proceeds of the trust fund shall be used solely for the purpose of capital improvements
for park and/or recreation purposes.
(3)
Payments in lieu of open space shall be made a condition of final approval, and payments
shall be made prior to issuance of any construction permits.
(4)
Payments in lieu of open space shall be in the amount equal to 110% of the fair market value
of buying an equal amount of land in the town boundaries. The additional 10% is intended to
cover the cost of improvements that would have been made.
(5)
Where the developer elects to construct a portion of the open space and recreation required,
but not all, the difference shall be made up through a per lot or unit cash contribution
applied to the number of lots or units equal to the total number of lots or units in the
development multiplied by the percentage of open space area NOT provided in relationship
to the area of open space required.
S.
All open space shall be recorded in the master deed for each project to reflect its permanent
reservation. Such document shall be submitted to the Town for final approval.
Art. VI. Supplementary Regulations
58
Section 240-37
Architectural Design Standards for the Historic Overlay District
A.
Purpose: Design shall promote architectural interest, flexibility in design, and incorporate elements
of the local, vernacular architecture of the Town of Camden. Architectural design shall be
complimentary with the design of nearby existing structures in the Historic Overlay District.
B.
These Architectural design standards apply to new construction, voluntary renovations by current
ownership, as well as renovations and alterations due to change of ownership and/or change of use.
(1)
Permitted Building materials include the following.
(a)
Wood (siding, shingles, trim, shutters, railings, porch floors and frontages, etc.).
(b)
Glass (windows and doors).
(c)
Brick (walls, exposed foundation walls, trim, stoops, chimney enclosures).
(d)
Textured blocks (walls, exposed foundation walls). Flat block walls are not
permitted.
(e)
Other similar building materials, subject to approval of the Town.
(2)
The massing of buildings shall be such that the transitional techniques can be employed
where buildings of differing heights are proposed and/or where the proposed development is
in proximity to existing buildings. Typical transitional techniques may include spatial
interval, gradual increases in building height and incorporation of horizontal human scale
features.
(3)
New construction within the Historic Overlay District may be a maximum of 10% taller than
the adjacent buildings within the District as viewed along the principal facade, but shall in
no case be higher than the heights specified in Article III.
(4)
The size and proportion of building elevations shall be compatible with adjacent structures.
(5)
Individual building façades shall have varying setbacks and be segmented with architectural
details such as overhangs, recesses, projections, moldings, canopies or porticos, raised
cornice parapets and other similar features.
(a)
Façade recesses or projections shall extend a maximum of eighteen (18) inches from
the building wall.
(b)
Awnings, balconies and canopies, where provided, are to project a minimum of
eighteen (18) inches.
(c)
No solid, blank, windowless walls or service areas shall be visible to the public from
common or public areas. Where the construction of a blank or substantially blank
Art. VI. Supplementary Regulations
59
wall is necessary, the façades shall be articulated by the provision of false windows,
articulated masonry, or, recessed or projecting display window cases.
(6)
Complimentary architectural details shall be provided along the side street facades of all
buildings through fenestration, roof segments, wall patterns, lighting fixtures, signs and
landscaping.
(a)
The use of streetscape elements including benches, tables, trash receptacles, bike
racks, pedestrian walkways, planters and lighting consistent with the Town character
is encouraged, where applicable.
[1]
Pedestrian walkways may consist of one or a combination of the following
materials:
i.
Concrete: (Plain, Colored and/or Stamped);
ii.
Pavers: (Brick, Concrete, Stone);
iii.
Bound Natural Aggregate Surfaces
iv.
Pervious Material: (Concrete, Pavers, Bound Aggregate)
v.
Other material approved by the Town Engineer.
[2]
Benches and tables may consist of one or a combination of the following
materials, and shall be painted black unless otherwise approved:
i.
Steel;
ii.
Wood;
iii.
Recycled Plastic;
iv.
Other material approved by the Town Engineer.
[3]
Bike racks shall be of a style considered "decorative", and shall compliment
the adjacent streetscapes and/or those throughout the Town. Bike racks shall
be mounted on either a concrete pad, concrete sidewalk or concrete subbase
under paver sidewalks. All bike rack styles and colors are subject to the
approval of the Town Engineer.
[4]
Planters and tree pits shall consist of a firm but pervious surface to accept
rain water, while providing a surface suitable for pedestrians. Tree grates
shall be heel safe.
(b)
All equipment providing services to the building whether roof or ground mounted,
shall be screened by appropriate architectural/landscaping features.
Art. VI. Supplementary Regulations
60
(c)
Lighting fixtures shall compliment building architecture and landscaping. Lighting
shall also be provided with cutoff luminaries so as to control light pollution and
offsite glare and is to be designed in such a manner as to promote a dark sky
condition.
(d)
New lighting fixtures shall be predominantly "Acorn Style" fixtures, unless
otherwise approved.
C.
General design standards for commercial and residential buildings.
(1)
Commercial and residential buildings with multiple uses shall be designed with a complex
massing that includes varying rooflines, projections and recesses, smaller additions to a
main building, and/or separate, smaller structures.
(2)
Buildings shall avoid monotonous wall or roof planes by modulating the façade to give the
appearance of several smaller scale buildings. Wall façades exceeding thirty feet (30') in
length and oriented towards the public view shall include windows, entrances or similar
architectural features appropriately spaced.
(3)
Uninterrupted windows shall not occupy more that thirty-five percent (35%) of a building
façade.
(4)
Façade treatments shall include traditionally designed storefronts, doorways, windows and
related design features. Each façade must be treated architecturally, not just the main
entrance façade. The entire front, sides and rear of the building should be coordinated in
compatible traditional colors and materials. Street façades, in the public view, should
receive greater architectural emphasis.
(5)
Storefronts shall be designed with variations where possible in widths, setbacks, and
traditional architectural façades. Wider storefronts on existing and proposed lots should
receive particular emphasis to create multiple façade variations.
(6)
Architectural design of franchise style commercial development shall be adapted, to the
greatest extent possible, to reflect the character of the Town and incorporate elements of the
vernacular architecture.
(7)
Two-story or taller buildings shall be provided with cornice treatment. Architectural
embellishments that add visual interest to roofs, such as dormers, belvederes, verandas,
masonry chimneys, cupolas, clock towers, and other similar elements are encouraged.
(8)
Buildings shall have an inviting, identifiable entrance and, to the greatest extent possible,
provide shade and weather protection. Building entrances shall be at grade, whenever
possible.
D.
General material and construction standards for commercial and residential buildings .
(1)
Building walls - Elevations and façades.
Art. VI. Supplementary Regulations
61
(a)
Façades and elevations of any one principle building and outbuilding(s) shall be
made of the same materials, similarly detailed.
(b)
Front and side façades of any building at the corner of a grouping shall be made of
the same materials, and shall be similarly detailed. Corner buildings are those at the
intersection of streets, access drives and pedestrian paths.
(c)
Walls constructed of more that one material shall only change material along a
horizontal line.
(d)
Foundation walls of parged block may be exposed to no more than eighteen inches
(18") above grade.
(e)
Building walls of shingles or siding shall have all openings trimmed in two-inch (2")
to four-inch (4") nominal width boards. Corners shall be trimmed in 4" to 6"
nominal width boards.
(f)
Brick shall be in a horizontal running bond pattern with raked mortar joints not
greater than one-half inch (1/2") in height.
(g)
Gables atop brick walls shall be finished in siding or brick.
(2)
Building roofs
(a)
Roofs shall be simple and symmetrically pitched, and only in the configuration of
gables and hips. The minimum pitch of the roof shall be 5:12, and the maximum
roof pitch shall be 14:12.
(b)
Dormers shall be roofed with a symmetrical gable, barrel or shed roof.
(c)
Skylights shall be flat in profile.
(d)
Skylights, vent stacks, satellite dishes, and other roof protrusions shall not be placed
on a roof facing street frontages, nor shall they be visibly obtrusive from nearby
streets.
(e)
Solar panels shall not be placed on a roof facing the street, unless the building the
panels are to be placed upon is setback a minimum of 30 feet from the right of way.
(f)
Roof penetrations (vents, attic ventilators, turbines, flues, etc.) shall be painted to
match the color of the roof or flat black.
(3)
Building elements - piers, arches, porches, stoops, decks and chimneys.
(a)
Piers and arches shall be brick. Masonry arches shall not be less than eight inches
(8") in thickness. Keystones in masonry arches shall be centered on the arch and
Art. VI. Supplementary Regulations
62
have sides radial to the arch. Masonry piers shall be no less than twelve inches (12")
in width and eight inches (8") in depth.
(b)
Porch floors shall be wood or brick. Porch railings shall be a single material, either
wood, cellular PVC, steel or wrought iron (painted black).
(c)
Porch foundations shall be brick piers with framed wood, wood boards or cellular
PVC.
(d)
Posts or columns shall be wood or fiber-reinforced composite. Posts shall be no less
than six inches (6") nominal width and depth with chamfered corners.
(e)
Chimney enclosures at frontages shall be brick. Chimneys two stories or more above
grade and not within four feet (4') of an exterior wall may be simulated brick or
stucco. Flues shall be tile or metal.
(f)
Uninhabitable space below porches and decks shall be skirted by wood, lattice with
not greater than one and one-half inch (1-1/2") spaces between the boards.
(4)
Windows and doors - windows, doors, awnings, shutters, glass, garage doors.
(a)
Windows shall be built of wood and may be clad in aluminum or vinyl. Windows
shall be square or vertical in proportion. Windows may be circular or semicircular,
but only one such window may be placed on each façade.
(b)
Windows shall be single hung, double hung, or fixed in decorative applications. Bay
windows at frontages shall extend to the ground or be visually supported by brackets.
(c)
Doors shall be wood, and use of glass panels is subject to approval by the Town.
Doors shall have raised panels arranged in a traditional pattern, and in a style
[1]
consistent with the primary building.
(d)
Glass shall be clear and free of color. Stained, frosted and tinted glass are permitted
except at frontages. One stained glass application may be permitted at frontages
with the approval of the Town.
(e)
Shutters shall be wood or cellular PVC. Shutters shall be applied to all or none of
the typical windows on a given façade or elevation. They shall be shaped, sized and
proportioned to the opening they serve.
(f)
Awnings shall be canvas or a synthetic woven material resembling canvas.
Residential awnings shall be triangular in section with a free hanging drip edge.
(g)
Garage doors shall be built of wood embossed steel, or fiberglass, and use of glass
panels is subject to approval by the Town. Garage doors shall have raised panels
arranged in a traditional pattern, and in a style consistent with the primary building.
Art. VI. Supplementary Regulations
63
(h)
Sliding doors are permitted except at frontages. Storm doors and screen doors shall
be full view and free of decorative trim, and shall be finished to match the window or
door they serve or the trim around it.
(5)
Gardens and Fences - gardens, fences, retaining walls, gates, walkways, driveways, patios.
(a)
Fences shall be built of wood pickets, cellular PVC, wood lattice, wood board, steel
or wrought iron. Wood and cellular PVC fences shall be painted white, and steel or
wrought iron fence shall be painted black. Solid fences are not permitted in front
yards. Fence locations and patterns are subject to the approval of the Town.
(b)
Gates in fences shall be built of the fence material. Gates in garden walls shall be
wood, cellular PVC, steel or wrought iron.
(c)
Garden and retaining walls shall be brick or stone. Retaining walls not visible from
nearby streets, paths, or public areas, shall be brick, stone, concrete, concrete block
or treated wood.
(d)
Brick walls shall be eight inches (8") to twelve inches (12") wide and capped. The
cap shall overhang the wall one-half inch (1/2") to one inch (1") on each side.
(e)
Garden walls of brick or stone shall be capped in a brick rowlock course of brick,
curt brick or dressed coping stone one and one-half inches (1-1/2") to three inches
(3") thick.
(f)
Walkways at frontages shall be brick or stone and must be built flush with the
ground.
(g)
Driveways shall be brick, brick pavers, crushed shells, pea gravel or gray granite, or
a combination of asphalt and one of the other accepted materials. Driveways at
frontages shall be no wider than twelve feet (12').
(h)
Patios shall be of brick, brick pavers, stone, slate, concrete pavers, or stonedust.
Patios are permitted except at frontages.
E.
Leadership in Energy and Environmental Design (LEED) Design Incentives.
(1)
Green building practices are encouraged for all developments in the Town.
(2)
The following incentives are offered for LEED certified designs.
(a)
Residential proposals including a completed LEED for Homes project checklist
demonstrating LEED for Homes certification shall be eligible for expedited
permitting for Town Building Permits. Upon verification of receipt of all applicable
approvals from the State, County and Town, the Town building permits for LEED
for Homes certified projects will be processed ahead of those without said
certification.
Art. VI. Supplementary Regulations
64
(b)
Residential designs which demonstrate LEED for Homes certification shall receive a
fifty percent (50%) reduction in Town building permit fees.
(c)
Commercial, industrial, institutional and multi-residential designs which achieve
LEED Silver or better shall receive a twenty five percent (25%) reduction in Town
building permit fees.
Section 240-38
Environmental
A.
Purpose: To ensure that development projects incorporate Best Management Practices (BMPs) for
environmental protection that benefits the Town of Camden and environs.
(1)
Environmentally sensitive areas. All land areas which contain one of the following natural
features or combination of these features shall be considered to be an environmentally
sensitive area subject to specific requirements for environmental protection and
conservation: flood hazard areas, steep slopes, water bodies and wetlands, wet soils,
woodlands, excellent recharge areas, wellhead protection areas and designated scenic areas.
(a)
Flood hazard areas. All flood hazard areas shall remain as permanent open space,
except for the construction of roads for which design approval is obtained from the
Delaware Department of Natural Resources and Environmental Control and the
Delaware Department of Transportation. Lot lines shall not be platted within flood
hazard areas.
(b)
Slopes. In areas of steep slopes above eight percent, no more than 40 percent of the
land shall be developed and/or regraded or stripped of vegetation.
(c)
Water bodies and wetlands Lakes, ponds, rivers, and streams and wetlands shall be
left as permanent open space. No development, filling, piping or diverting shall be
permitted, except for required roads, to be approved by the Delaware Department of
Transportation and the Delaware Department of Natural Resources and
Environmental Control, US Army Corps of Engineers or pertinent regulatory agency.
No structures, except stairs and ramps, fences, open decks, patios or docks with a
combined area of 200 square feet or less are permitted to be constructed within 75
feet of the shore line of any permanent fresh water lake over one-fourth acre in size
or within 100 feet of the mean high tide line for tidal wetlands. No structures are
permitted within 50 feet of the centerline of permanent or intermittent streams or
within 25 feet beyond the limits of the floodplain, whichever is greater. Within these
same areas, the clearing or removal of natural ground cover or vegetation, including
the cultivation of the soil for agricultural purposes, is prohibited.
(d)
Wet soils. No construction shall be permitted where the seasonally high water table
is within 2 feet of the surface unless crawl space, piles or slab on grade with
provisions to prevent water seepage will be used to prevent water damage to the
building. The proposed construction techniques must be approved by the building
inspector and must meet or exceed the standards of the Federal Housing
Administration. No basements shall be permitted to be constructed at a depth
Art. VI. Supplementary Regulations
65
greater than two feet above the seasonal high water table, unless special measures are
taken to prevent water damage to the building. Such measures must be approved by
the building inspector and must meet or exceed the standards of the Federal Housing
Administration.
(e)
Scenic resources. Scenic resources shall consist of the following: mature woodlands
and most especially the edges of wooded areas adjacent to open fields, wetlands or
urbanized areas; other areas of mature natural vegetation such as marsh grasses; the
historic district; [and] freestanding historic buildings and sites and other buildings or
districts of the city exhibiting particular architectural or visual merit buildings and
places of special public or cultural significance, and significant views and view
corridors to buildings or places of architectural, visual, public or cultural value and to
attractive natural areas. Application for subdivision plan or site development plan
approval shall include, as a part of the documentation of existing site conditions, the
presence of and location of all scenic resources. The preservation and enhancement
of the scenic resources potentially affected by the proposed development shall be
considered as an important factor in the approval or disapproval of the proposed
development by the Planning Commission.
(f)
Excellent recharge areas. Excellent recharge areas will be protected by limiting
impervious surfaces within the mapped areas. Facilities that would be suitable for
Excellent Recharge areas include but are not limited to: landscaped buffers, parking
utilizing pervious paving, recreational fields or parks.
(g)
Wellhead Protection areas. Land use proposals for areas mapped as wellhead
protection areas must meet the requirements of Camden Ordinance #77 and shall be
reviewed with the Camden Wyoming Sewer and Water Authority. A Letter of No
Objection to the land use proposal from the CWSWA shall be included in the agency
approvals for final approval.
(h)
Combinations of environmentally sensitive features. Wherever more than one
environmentally sensitive feature is present on a site in combination, special care
shall be taken in both the documentation of existing conditions on a site being
considered for development and in the planning commission's review of a specific
subdivision plan or site development plan application. In general, the use of
available development options such as planned residential developments or cluster
developments is strongly encouraged to preserve and protect environmentally
sensitive features and the natural processes associated with these features to the
maximum extent possible.
(i)
Rare, threatened or Endangered Species (RTE's) and Species in need of Greatest
Conservation Need (SGCN). Areas identified as sensitive regarding RTE's or SGCN
during site environmental evaluations shall be identified on land development plans,
and protected in accordance with the DNREC Division of Fish and Wildlife's
Natural Heritage and Endangered Species Program.
(j)
Key Wildlife Habitats (KWH's). Areas identified as KWH's in the Delaware
Wildlife Action Plan shall be considered environmentally sensitive areas warranting
Art. VI. Supplementary Regulations
66
conservation efforts. These areas along with proposed protection measures shall be
shown on the land development plan.
(2)
Stormwater Management. All applicable regulations and requirements of Delaware
Department of Natural Resources and Environmental Control and the Kent Conservation
District's stormwater management and sediment and erosion control programs shall apply.
As well as the Town Of Camden Land Use and Development Requirements outlined in this
section.
(3)
An Environmental Impact Study shall be submitted for all developments.
Section 240-39
Landscaping
A.
Any part or portion of a site which is not used for buildings or other structures, loading and parking
spaces and aisles, other paving, sidewalks, and designated storage areas shall be landscaped with an
all season groundcover, trees and shrubs, or shall be left in its natural state, all as set forth in a
Landscaping Plan approved by the Town.
B.
The Landscaping Plan shall be prepared by a registered Landscape Architect or other qualified
professional, and shall be reviewed by the Town's consultant.
C.
Design standards for landscape plans shall include the following principles:
(1)
Landscaping will be used to accent buildings. For example, groupings of trees will break up
long, low buildings while lower plants will provide a visual base for taller buildings.
(2)
Plants should be appropriate to the space to be landscaped, with mature sizes that will fill the
area without excess maintenance.
(3)
Landscape plantings should provide a variety of plant types and species. The varieties used
should take into consideration susceptibility to disease, color, seasonal interest, texture,
shape blossoms, and foliage.
(4)
Local soil conditions and water availability must be evaluated in choosing plant material.
(5)
Entrances to developments and businesses deserve special landscape treatments.
(6)
Where possible, landscape materials should provide climate control. For example, shade
trees on the south side will shield structures from sun and evergreens on the north side will
provide wind breaks.
(7)
Street trees, buffer areas, and other required planting shall be in accordance with this and
other referenced sections of this ordinance.
(8)
Street trees and other required plant material shall not be planted until the finished grading
of the development has been completed.
Art. VI. Supplementary Regulations
67
(9)
All landscaped areas shall have an automatic irrigation system. The irrigation system shall
be designed by a qualified professional and should reflect practices consistent with good
irrigation design and water conservation, including but not limited to the use of automatic
rain gauges and moisture sensors, as required. The installed system shall permit no
overspray of paving or roadways.
(10)
All plantings shall be guaranteed from the date of planting until the Town accepts all the
improvements in the development and the plantings shall be certified to be alive and healthy
by the Town's agent prior to the expiration of the guarantee period. Such guarantee shall be
released no sooner than the end of the second growing season following planting.
(11)
All mechanical and electrical equipment not enclosed within a building shall be fully and
completely screened from view from any public street in a manner compatible with the
architectural and landscaping style approved on the remainder of the lot. Such screening
shall be part of the Landscaping Plan.
(12)
Landscaping Plans should show care in selection of plant material. Native species shall
comprise a minimum of 50% of the plantings used on the landscape plan. Plants must be
hardy for this area and for the proposed growing conditions, and must be true to species and
variety. Plant material must meet or exceed American Association of Nurserymen standards
for size, habit, and general health. Invasive plant species shall be avoided.
D.
Parking Facilities.
(1)
Screen planting shall be provided along each perimeter of a parking area. In addition, no
less than ten percent (10%) of the interior of a proposed parking area must consist of buffer
areas and islands and must be landscaped and continually maintained.
(2)
Any area for off-street parking or display, storage, sale, or movement of three (3) or more
motor vehicles shall be enclosed, except at entrances or exits and the required sight
triangles, and an ornamental fence or wall consistent with the architectural character of the
surrounding uses, or by a compact evergreen hedge, not less than four feet (4') in height.
(3)
Where a planted screen is proposed, it shall incorporate the planting of staggered and
overlapping evergreen and deciduous shrubs of such species and size as will produce a
screen at least four feet (4') higher than the elevation of the adjacent parking area, and of
such density as will obscure seventy-five percent (75%) of the light emitted from automobile
headlights on the premises. These provisions shall not, however, interfere with the
requirement for clear sight triangles.
(4)
Within a parking lot, parking areas of a 20-vehicle width shall be separated from one
another by planting strips not less than ten feet (10') in width.
(5)
All parking areas shall have at least one (1) tree of 3-1/2 inch caliper minimum for every
five (5) parking spaces in single bays and for every (10) parking spaces in double bays.
(6)
All areas between the parking areas and buildings shall be planted according to the approved
Landscaping Plan with trees, shrubbery, ground cover and grassed lawn.
Art. VI. Supplementary Regulations
68
(7)
In parking areas it is recommended that trees, shrubs, and groundcover plants be selected for
appropriate growth habit and suitability to carbon monoxide and other noxious gases, and
road salt.
(8)
A planted island, sized the same as the allotted parking spaces, shall be provided for every
ten (10) parking spaces to break up the rows of parked vehicles. If a connecting path or
sidewalk is required to connect the various rows of parking through any planting island, the
island shall be increased accordingly to maintain full planting size.
E.
Residential Developments
(1)
The developer shall plant at least two (2) trees on each new single-family lot.
(a)
These trees shall be in place before the time that a certificate of occupancy is issued
for the structure on that lot.
(2)
For all Multi-Family developments, the following minimum landscaping shall be shown on
the Landscaping Plan in addition to all other required street tree, parking and buffer
requirements.
(a)
Any combination of the following shall be required for each dwelling unit.
[1]
Either: one (1) 2 - 3" caliper shape tree, or;
[2]
One (1) 6' evergreen tree, or;
[3]
Two (2) 8' high ornamental trees, or;
[4]
Eight (8) 2-1/2 - 3" shrubs.
F.
Protection & Retention of Large Trees.
(1)
Every development shall retain all existing trees 12 inches in diameter or more unless the
retention of such trees would, according to Camden Town Council's determination,
unreasonably burden the development.
(2)
No excavation or subsurface disturbance may be undertaken within the drip line of any tree
12 inches in diameter or more.
(3)
No impervious surface may be located within 12.5 feet, measured from the center of the
trunk, of any tree 18 inches in diameter or more, unless compliance with this subsection
would according to the municipal governing body's determination, unreasonably burden the
development.
G.
Street Trees.
(1)
Street trees and associated planting shall be required for any development as part of the
design and construction of:
(a)
New streets;
Art. VI. Supplementary Regulations
69
(b)
New sidewalks or pedestrian or bicycle ways;
(c)
Existing streets, sidewalks, pedestrian ways, highways, bicycle or other trails or
pathways when the abut or lie within the development; and
(d)
Access driveways to residential developments serving more than four (4) dwellings.
(2)
Trees shall not, at maturity, obstruct existing overhead utilities nor visibility of traffic
control signs or signals, or visibility at street intersections or driveway entrances.
(3)
Plant material shall be selected to minimize future maintenance costs, including but not
limited to considerations of pruning, tree removal and sidewalk repair.
(4)
Plant material shall not interfere with underground utilities, storm water management
facilities, or restrictions with easements.
(5)
Plant material shall be adaptable to the specific planting site and achieve the specified
design objectives of the plan. Tree species shall be selected from the current nursery stock
suitable for local growing conditions, using native species whenever possible, that are hardy
for the area, not susceptible to disease or environmental stress, and will exhibit full,
symmetrical form at maturity. Trees with invasive root systems shall not be selected.
(6)
Plant material shall be spaced to permit healthy growth of each plant. As a general rule,
trees with a narrow growth habit shall be placed closer together than those with a spreading
growth habit.
(7)
Street trees, generally shall be at intervals not to exceed twenty feet (20') along the street
right-of-way as part of a residential or non residential development. Trees shall alternate
from one side of the street to the other with forty foot (40') maximum spacing between trees
on the same side, or as otherwise specified.
(8)
The mature tree size and planting intervals shall be as follows:
(a)
Large trees (40' mature height or greater) 40' planting interval.
(b)
Medium trees (30'-40' mature height) 30' planting interval.
(c)
Small trees (less than 30' mature height) 20' planting interval
(9)
Street trees shall be provided at maximum intervals of forty feet (40') along a median
divider or within a landscaped island in a cul-de-sac.
(10)
An equivalent number of trees may be planted in an informal arrangement as approved on
the Landscaping Plan.
(11)
At intersections, trees shall be located no closer than thirty feet (30') from the intersection of
the curb lines.
Art. VI. Supplementary Regulations
70
(12)
Street trees shall be provided by the applicant and planted on lots a minimum distance of
five feet (5') inside the lot lines paralleling the right-of-way line, rather than within the
right-of-way.
(13)
Tree caliper at the time of planting shall be between 3 and 3-1/2 inches measured six inches
above the top of the root ball or ground level.
(14)
Invasive species as defined by DNREC shall not be included as any part of a Landscaping
Plan.
H.
Buffers.
(1)
Buffer areas are required along all lot lines and street lines which separate a nonresidential
zoning district from a residential zoning district; in residential areas between single family
and multi-family developments; in commercial areas between light commercial and heavy
industrial uses; and in all zones where there is reverse frontage design along public streets.
Buffer areas shall be designed by a Landscape Architect.
(2)
Buffers may be designed to meet one of the following circumstances:
(a)
Nuisance Buffer - This type of landscape buffer is appropriate in areas between
commercial or residential uses and adjacent commercial or different residential uses,
or zones where a continuous screen is appropriate. These buffers will ideally
provide a visual screen of mixed evergreen trees, evergreen shrubs and deciduous
shrubs.
(b)
Filtered Buffer - This buffer can soften the impact of a land use while still allowing
views beyond the buffer area. For example, this is the type of buffer that shall be
provided around the perimeter of parking areas, internal site access roads, and the
perimeter of a site which abuts a street, road or highway, or an adjacent site where a
complete visual screen is not appropriate. Ideally this type of buffer shall provide
screening of safety distractions such as glare from automobiles and light standards; it
will provide a visually pleasing environment; and it will provide spatial definition. It
will likely include low - medium sized (4') evergreen shrubs and perennials.
(c)
Windbreak/heavy screening - This type of buffer is appropriate in areas where the
addition of a windbreak to stop windborne debris from leaving a site is necessary, or
where objectionable facilities or utility structures require a complete visual screen.
This would include buffer areas around outdoor storage facilities, loading areas, or
solid waste disposal facilities.
(d)
Reverse frontage buffer - This type of buffer will be required where the rear yards of
residential units and/or lots face or front on a roadway, and when any yard or
residential unit or lot faces or fronts on an expressway or arterial highway. These
buffers shall be planted in such a way as to provide a living screen between the
roadway and the development within a reasonable time. The buffer shall be planted
within the twenty five foot (25') strip along the right-of-way for the full length of the
development and shall include a row of canopy and/or flowering trees that is nursery
Art. VI. Supplementary Regulations
71
grown stock. Evergreen trees shall be staggered behind those trees, spaced no more
than fifteen feet (15') apart and shall be at least five feet (5') in height at planting.
(e)
Alternatively, where topography permits, earthen berms shall be encouraged at a
sufficient height to establish a buffer between the development and the highway.
Berms shall be asymmetrical, undulating mounds of varying heights. They shall be
planted with evergreens and deciduous trees according to the Landscaping Plan.
(f)
Minimum size of plant material at the time of installation shall be as follows:
[1]
Shade tree: 2-1/2" to 3-1/2" caliper
[2]
Ornamental trees: Eight feet (8') in height
[3]
Evergreen trees: Six feet (6') in height
[4]
Tall evergreen and deciduous trees: 2-1/2' to 3' in height
[5]
Low evergreen and deciduous trees: 18" to 24" in height
(g)
Plant quantity shall be determined adequate if it will provide the required screening
within two growing seasons.
(h)
Buffers between Industrial (I) or Highway Commercial (C-2) and all Residential uses
shall include a solid free-standing wall in additional to the required buffer plantings.
Design of walls for the purpose of buffering residential areas from Industrial and
Commercial uses shall be subject to review by the Town Administrator and the
Town Engineer.
Section 240-40
Home-Based Business
A.
Permitted Home-Based Businesses.
(1)
Offices for Professionals including architects, brokers, counselors, clergy, dentists, doctors,
draftspersons and cartographers, engineers, insurance agents, lawyers, real estate agents,
accountants, editors, publishers, journalists, psychologists, contract management, graphic
design, construction contractors, landscape design, lawn care business (materials not be
stored externally), consultants, surveyors, cleaning services, salespersons and manufactures'
representatives, travel agents.
(2)
Personal Services including barbershops, beauty parlors, manicure and pedicure shops, pet
grooming, catering and chauffeuring services.
(3)
Instructional Services including music, dance, art and craft classes, tutoring.
(4)
Babysitting services defined as the occasional care of children.
(5)
Studios for artists, sculptors, musicians, photographers, and authors.
Art. VI. Supplementary Regulations
72
(6)
Workrooms for tailors, dressmakers, milliners, and craft persons including weaving,
lapidary, jewelry, cabinetry, and woodworking.
(7)
Repair services including watches and clocks, small appliances, computers, electronic
devices, lawnmowers, and small engines.
(8)
Garage and yard sales, "Tupperware", "Party Lite", "Pampered Chef" and companies of the
like offering parties.
B.
A Home-based Business shall be subject to the following conditions:
(1)
A home-based business that employs no non-resident employees and meets all other
conditions required herein shall be considered a No-Impact Home-based Business. A no-
impact home-based business shall be permitted as of right.
(2)
A home-based business that employs non-resident employees who work on premises shall
only be permitted by Conditional Use.
(3)
A home-based business shall have not more than 2 nonresident employees on the premises
at any one time.
(4)
Adequate off-street parking for such nonresident employees shall be provided and reviewed
as part of the Conditional Use.
(5)
A minimum of one parking space for each nonresident employee shall be required. Such
spaces shall not be located in the front yard and not closer than five (5) feet to an adjoining
property line.
(6)
No greater than two (2) home-based business shall be based in a single residential home
provided that the businesses are run by a single owner or owners of immediate relation
(spouses and their children).
(7)
A home-based business shall be clearly incidental and subordinate to the residential use of
the dwelling and shall not change the essential residential character of the residential
property.
(8)
The home-based business shall occupy a maximum of 25% of the gross floor area of the
property, including the garage.
(9)
No traffic shall be generated in greater volume than would normally be expected in a
residential area.
(10)
No outdoor storage of materials or products shall be permitted.
C.
Prohibited Home-Based Businesses.
(1)
Kennels, Veterinary clinics and hospitals.
(2)
Medical clinics, dental clinics, hospitals.
(3)
Restaurants, bars, and night clubs.
(4)
Funeral homes and undertaking establishments.
Art. VI. Supplementary Regulations
73
(5)
Adult entertainment.
D.
Equipment used in the operation of a home-based business, shall not:
(1)
Create any vibrations, heat, glare, dust, odors, or smoke discernible at the property lines.
(2)
Generate noise that violates any Town ordinance or regulation pertaining to noise.
(3)
Create any electrical, magnetic or other interference off the premises.
(4)
Consume utility quantities in excess of that normally consumed by a residential property.
(5)
Require the use and/or storage of hazardous materials in excess of quantities normally found
in residential structures.
E.
Signs: See Article VI, Sign Standards .
Section 240-41
Major Recreational Equipment & Unlicensed Vehicles
A.
Major Recreational Equipment.
(1)
Regulation. On a lot in a residential zone, major recreational equipment:
(a) May not be parked within the front yard setback.
(b) May not be used for living, sleeping or other housekeeping purposes.
(c) May be parked anywhere for a maximum of 24 hours while loading and unloading.
B.
Unlicensed Vehicles and Trailers. On any residentially zoned property, a vehicle or a trailer that is
not used in support of customary farming operations and does not have current license plates may
be parked or stored only in a completely enclosed building.
Section 240-42 Solar Energy Systems
A.
Solar energy systems shall be permitted as an accessory use in all Zoning Districts in accordance
with the following:
(1)
For the purposes of this subsection, the solar energy system shall be considered an accessory
use if:
a)
The principal use of the lot is a use other than a solar energy system; and
b)
The energy generated by the solar energy system is intended to primarily reduce on-site
consumption of utility-supplied energy.
Art. VI. Supplementary Regulations
74
(2)
A minimum lot area of 0.5 acre is required for a ground mounted solar energy system.
(3)
Ground-mounted solar energy systems permitted by-right shall not occupy more than 30 percent
of the total lot area for which the solar energy system is proposed.
(4)
Ground-mounted solar energy systems that are proposed to occupy more than 30 percent of the
lot area may be permitted subject to Conditional Use approval by the Planning Commission.
(5)
Ground-mounted solar energy systems shall not be located in the front yard between the
principal structure and the public street upon which the principal structure fronts.
(6)
Accessory ground mounted solar energy systems shall not be count toward impervious coverage
for the lot.
(7) All exterior electrical lines must be buried below the surface of the ground and placed in a
conduit.
(8)
Solar energy systems shall comply with all building setback and maximum height requirements
for the zoning district where the system is to be installed.
(9)
Decommissioning. Solar energy systems shall be maintained and kept in a state suitable for
immediate operation. When it can be demonstrated that a solar energy system, as approved in
accordance with this section, is in a state of disrepair, is unable to produce electricity, is unsafe,
or if the property itself has been abandoned, that system shall be removed by the property owner
and the accessory use terminated.
Section 240-43
Fences, Walls, Hedges & Shrubbery.
A.
Setbacks. Fences, walls, hedges, and shrubbery may be placed anywhere on a residential lot.
B.
Height Limitations for Residential Fences and Walls
Location
Maximum Height
Maximum Height on Corner Lot
Front Yard
3 Feet
3 Feet
Corner Side Yard
3 Feet
3 Feet
Interior Side Yard
6 Feet
6 Feet
Rear Yard
6 Feet
6 Feet
C.
Height Limitations for hedges and shrubbery.
(1)
Hedges and/or shrubbery shall not exceed three (3) feet in height and comply with the
following criteria: There is no height limitation for hedges and shrubbery if:
(a)
The hedges and shrubbery are well maintained.
Art. VI. Supplementary Regulations
75
(b)
The hedges and shrubbery do not encroach on another property.
(c)
The hedges and shrubbery fulfill the requirements set forth in this section regarding
corner visibility within the "sight triangle" as shown in Figure 240-2.
D.
Non-Residential Uses: The Town Administrator may allow or require fences, walls, hedges,
shrubberies that are higher than the limitations stated in this subsection for nonresidential uses. In
making such a determination, the Administrator must find that exceeding the height limitations is
necessary due to the type of use, security concerns, or the protection of adjacent properties.
Section 240-44
Performance Standards.
A. The standards established in this section are designed to prevent dangerous or objectionable hazards or
conditions which would be adverse to the health, safety and welfare of the Town of Camden. The standards
apply to all uses in all districts in the Town.
(1) No land or building in any zone shall be used or occupied in any manner so as to cause any one
or more of the following conditions to exist and to be dangerous, injurious, noxious, or
offensive beyond the boundaries of such premises in such a manner or in such amount as to
adversely affect the reasonable use of the surrounding area or adjoining premises: fire, explosive
or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold,
dampness or electromagnetic disturbance; glare, liquid or solid refuse or wastes, or other
substance, conditions or element (referred to hereinafter as "dangerous or objectionable
elements"), provided that any use permitted or not expressly prohibited by this ordinance may
be undertaken and maintained if it conforms to the regulations of this section limiting dangerous
and objectionable elements at the point of the determination of their existence.
(2) Fire and Explosion Hazards: All activities involving, and all storage of inflammable and
explosive materials shall be provided at any point with adequate safety devises against the
hazards of fire and explosion and adequate firefighting and fire suppression equipment and
devices standard in the industry. Burning of waste materials in open fires is prohibited at any
point. The relevant provisions of the State and local laws and regulations shall also apply.
(3) Radioactivity or Electromagnetic Disturbance: No activities shall be permitted which emit
dangerous radioactivity at any point, or electromagnetic disturbance adversely affecting the
operation at any point of any equipment other than that of the creator of such disturbance.
(4) Noise: The maximum sound pressure level radiated by any use of facility (other than
transportation facilities) at the property line shall not exceed the values in the designated octave
bands given in Table 240-1 after applying the corrections shown in Table 240-2. The sound
pressure level shall be measured with a Sound Level Meter and associated Octave Bank
Analyzer conforming to standards prescribed by the American Standards Association.
(American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-
1944, American Standards Association, Inc., New York, NY and American Standards
Art. VI. Supplementary Regulations
76
Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-
1953. American Standards Association. Inc., New York. NY shall be used)
Table 240-14 Maximum Sound Pressure Levels
Octave Band Range in Cycle per Second
Sound Pressure in Decibels Re 0.002
dyne/cm2
30-300
60
300-2,400
40
Above 2,400
30
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and
7:00 a.m., one or more of the corrections in Table 240-14 shall be applied to the decibel levels
given in Table 240-13.
Table 240-15 Noise Corrections for Performance
Standards Operation and location Character of Noise
Correction is Decibels
1. Daytime operation only
5
2. Noise source operates less than: *
a. 20% of any 1-hour period
5
b. 05% of any 1-hour period
10
3. Noise of impulsive character, hammering et cetera
-5
4. Noise of periodic character, hum, screech, et cetera
-5
5. Corrections for specific district:
a. C-2 Highway Commercial
5
6. Property is located within an Industrial Park, district I
10
* Apply only one correction.
(5)
No vibration shall be permitted which is discernible without instruments at the property line.
(6)
Smoke: No emission shall be permitted at any point, from any chimney or otherwise, or visible
gray smoke of a shade equal to or darker than No. 2 on the Power's Micro Ringlemann Chart
published by McGraw-Hill Publication Company, Inc., and copyright 1954 (being a direct
facsimile reduction of the standard Ringlemann Chart as issued by the United States Bureau of
Mines), except that visible gray smoke shall also apply to visible smoke of a different color but
with an apparently equivalent opacity.
(7)
Odors: No emission shall be permitted of odorous gases or other offensive odorous matter in
such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air
emitted to four volumes of clean air. Any process which may involve the creation or emission of
any offensive odors shall be provided with a secondary safeguard system so that control will be
maintained if the primary safeguard system should fail. There is hereby established as a guide in
Art. VI. Supplementary Regulations
77
determining such quantities of offensive odors Table III, "Odor Thresholds", in Chapter 5, "Air
Pollution Abatement Manual" copyright 1951 by Manufacturing Chemists' Association, Inc.,
Washington D.C., and said manual and/or table as subsequently amended.
(8)
Fly Ash, Dust, Fumes, Vapors, Gases, and other forms of Air Pollution: No emission shall be
permitted which can cause any damage to health, to animals, vegetation, or other forms of
property, or which can cause any excessive soiling, at any point; and in no event any emission,
from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3
grains per cubic foot of the conveying gas at any point. For measurement of the amount of
particles in gases resulting from combustion standard corrections shall be applied to a stack
temperature of 500° Fahrenheit and 50% excess air.
(9)
No direct or sky-reflected glare whether from flood lights or from high temperature processes
such as combustion welding or otherwise shall be permitted. This restriction shall not apply to
signs otherwise permitted by the provisions of this ordinance.
(10) Liquid or Solid Wastes: No discharge shall be permitted at any point into any public sewer,
private sewage disposal system or stream, or into the ground, except in accord with standards
approved by the State Department of Health or standards equivalent to those approved by such
department for similar uses, of any materials of such nature of temperature as can contaminate
any water supply or otherwise cause the emission of dangerous or offensive elements.
B.
Uses Requiring Performance Standards Procedure: Only those in the C-2 Highway Commercial and
I Industrial Districts and uses accessory thereto, are subject to the procedure specified herein obtaining a
Zoning Permit. The Building Inspector may, after showing reasonable grounds to believe that another
proposed use is likely to violate performance standards, require other uses or uses in other districts to comply
with performance standards procedure.
C. Performance Standard Procedure.
(1)
Application: An application for a building permit or a certificate of occupancy for a use subject
to Performance Standards procedure shall be submitted to the Land Use Department in duplicate
on a form prescribed by the Planning Commission and shall be referred by the Town
Administrator to the Planning Commission. The applicant shall also submit in duplicate, a plan
of the proposed machinery, operations, products, and specifications for the mechanisms and
techniques to be used in restricting the emission of Dangerous and Objectionable Elements
referred to in Section F (1) in accordance with rules prescribed by the Commission specifying the
type of information required in such plans and specifications, and an affidavit by the applicant
acknowledging his understanding of the applicable performance standards and agreement to
conform with same at all times. No applicant will be required to reveal any secret processes, and
any information submitted will be treated as confidential, if requested. The fee for such
application shall include the cost of the special reports required to process it, described below.
(2)
Report by Expert Consultants: The Planning Commission, if there is any reasonable doubt as to
the likelihood of conformance, shall refer the application for investigation and report to one or
Art. VI. Supplementary Regulations
78
more expert consultants, qualified to advise as to whether a proposed use will conform to the
applicable Performance Standard specified herein. Such consultant or consultants shall make such
report within 20 days after his or their receipt of such application. A copy of such report shall be
promptly furnished to the applicant.
(3)
Decision of the Planning Commission: At the next regular meeting of the Planning Commission,
but in no event more than 30 days after the Commission has received the aforesaid report, or
within such further period as agreed to by the applicant, the Commission shall decide whether the
proposed use will conform to the applicable performance standards and on such basis shall
authorize or refuse to authorize the issuance of a building permit or certificate of occupancy, or
require a modification of the proposed plan of construction. Such decision of the Commission
shall be in the form of a written report. Any building permit or certificate of occupancy so
authorized and issued shall be conditioned on among other things:
(a)
The applicant's completed buildings and installations in operation conforming to the
applicable performance standards; and
(b)
The applicant's paying the fees for services expert consultant or consultants deemed
reasonable and necessary by the Planning Commission for advice as to whether or not the
applicant's completed building and installations will in operation conform to the applicable
performance standards.
Art. VII. Administration and Enforcement
79
ARTICLE VII. ADMINISTRATION AND ENFORCEMENT
Section 240-45
Town Administrator
It shall be the duty of the Town Administrator to enforce the provisions of this Ordinance and to refuse to
issue any permit for any building or for the use of any premises which would violate any of the provisions
of said Ordinance. The methods for administering this Ordinance and the procedure to be followed in
applying for a permit
are covered herein.
Section 240-46
Certificate of Zoning Compliance
No premises shall be used, no excavation for any buildings shall occur, and no building erected or
structurally altered hereafter shall be used, occupied or changed in use until a Certificate of Zoning
Compliance has been issued by the Administrator, stating that the building or proposed use of a building or
premises complies with the provisions of these regulations. A record of all certificates shall be kept on file
in the office of the Administrator.
Section 240-47
Building Permits
A.
No building shall be erected, constructed, altered, moved, converted, extended or enlarged without
the owner first obtaining a building permit from the Town Administrator as outlined in Camden
Ordinance #78. No such permit shall be issued until the applicant obtains a Certificate of Zoning
Compliance from the Administrator of these regulations in the Town of Camden.
B.
No mobile home shall be placed for occupancy without the owner or owners first having obtained a
placement permit from the Town Administrator. Separate permits shall not be required for each
mobile home as authorized in an approved mobile home park or as authorized within the limits of a
mobile home park as established prior to the enactment of applicable zoning regulations. In any
case, a placement permit shall not be issued until a Certificate of Zoning Compliance is obtained
from the Town of Camden.
Section 240-48
Site Plan
A.
Site Plan Requirements: No building permit shall be issued for any structure or use until the Site
Plan has been reviewed and approved by the Planning Commission.
(1)
Exception: approval of a site plan for a detached single-family dwelling and its accessory
building(s) on a lot in any zoning district where such use is permitted shall not require site
plan review by the Planning Commission.
(2)
Site plan review is required for all projects proposed in all districts.
(3)
Site plan review is required for all conditional uses in all districts.
Art. VII. Administration and Enforcement
80
(4)
The Commission shall review the proposal, determine whether or not the applicable
standards provided by this zoning ordinance have been observed, note objections to such
parts of the plans as do not meet the standards, make corrections and recommendations for
desired changes to effect compliance with this ordinance, and be satisfied that the site plan
represents the most desirable alternative for development of the site in compliance with this
chapter.
(5)
Planning Commission reserves the right to add conditions to site plan applications in which
there are health, safety and welfare or impact issues to be addressed.
(6)
The Site Plan shall be drawn to scale by a Delaware licensed surveyor, Engineer, Architect
or similar licensed professional in accordance with applicable law and shall contain all
pertinent information normally associated with site plan design including but not necessarily
limited to the following:
(a)
Location, dimensions and elevations of all buildings and structures, existing and
proposed.
(b)
Existing and proposed utilities.
(c)
Area for existing and proposed parking and loading spaces.
(d)
Existing and proposed access roads, drives, service roads, easements and rights-of-
way.
(e)
Proposed drive aisle and walkways, traffic circulation, signage or paint marks.
(f)
Topography and major vegetation features.
(g)
Proposed grading, and permanent stormwater management structures.
(h)
Location of proposed landscaped areas, landscape screens or buffers.
(i)
Recreation, outdoor living and other open areas.
(j)
All environmentally sensitive areas.
(k)
Any additional information requested by the Planning Commission.
B.
The Town Administrator shall perform an administrative review of Site Development Plans or
Subdivision Plans in accordance with the following:
(1)
Site Development Plan:
(a) A Site Plan and Community Impact Study must be submitted to the Planning
Commission for its consideration for any development consisting of townhouses,
multifamily, mixed use, or nonresidential development.
Art. VII. Administration and Enforcement
81
(2)
Subdivision Plat: The application for subdivision of residential parcels shall adhere to the
Town of Camden Land Subdivision Regulations submission requirements.
(3)
Evidence of proposed covenants, restrictions and details of maintenance responsibility of
common area open space, to show the liability for maintenance of such areas shall be the
property owners within the development, and that the same may be enforced by liens against
the property owners in favor of the Town of Camden or its assignee.
C.
The Town Administrator shall determine whether an application submitted for Residential Zones
meets the minimum requirements of this Section, including but not limited to the site design,
subdivision design and compliance with the Comprehensive Plan , prior to submitting the
application to the Planning Commission for review.
D.
Plan Amendments: The Town Administrator will review amended plans and render a determination
as to whether the amendment is a minor or major amendment of the approved design plans. In
general, adjustments to existing plan details without a change in project scope will be considered
minor amendments. Any additions, removals or significant relocations of design features shall be
considered major amendments. Design features shall be defined as proposed structural
improvements including, but not limited to: buildings, streets, driveways, sidewalks, trails, curbs,
stormwater management facilities, proposed constructed open space, etc. Significant relocation
shall be defined as relocation of a design feature of more than ten (10) feet, or any relocation that
results in encroachment of open space (developed or undeveloped) or other area outside the limit of
disturbance shown on the current design plan. Any major amendments, as determined by the Town
Administrator, will be required to be reviewed by the Town Engineer and approved by the Planning
Commission.
E.
Application requirements.
(1)
In addition to the requirements listed in the Subdivision and Land Development Code, the
Preliminary Lot Layout Plan and Final Plat Plan applications shall include the following
components:
(a)
A brief written and graphic description of the owner/developer's proposed approach.
(b)
Architectural, lighting, signage and landscape materials. These may be vignettes of
styles with graphic and narrative descriptions for this submission and shall be
included as part of the site plan approval. Variation from such materials and styles
shall require approval by the Town as an "approved equal".
(c)
The extensive use of photographs, drawings and other graphic methods is strongly
encouraged.
(d)
Circulation:
[1]
Classification and illustration of a system of streets, alleys, and pedestrian
and bicycle routes that creates an integrated network serving the Residential
Development and links it to adjacent areas.
Art. VII. Administration and Enforcement
82
[2]
Streets within the Development shall be in accordance with DelDOT
Standards and Regulations for Subdivision Streets and State Highway
Access, latest revision.
[3]
Detailed design standards and illustrations for each component of the system
are required.
[4]
A plan of the circulation systems shall be included.
(e)
Building Lots:
[1]
Classification and illustration of the range of proposed lot types, sizes and
setbacks, locations of potential accessory buildings, and access by auto and
foot.
[2]
A plan of their location throughout the development shall be included.
(f)
Buildings:
[1]
Classification of the full range of building types to be constructed.
[2]
Detailed guidelines addressing their architectural character and essential
required elements, such as size, composition and massing, windows, doors,
porches, roof design, fenestration, and all materials.
[3]
A plan of their location by use type throughout the development.
[4]
Accessory Structures: Detailed design guidelines for accessory structures
including, but not limited to, fences, sheds, pools, garages, and gazebos shall
be included and compatible with the Architectural design principles.
(g)
Open Spaces: Classification of a system of landscaped open spaces (in addition to
private yards) with a plan of the network created by the open spaces and pedestrian
and bicycle circulation systems.
(h)
Landscape Design:
[1]
A palette of hard (paving) and plant materials along with street furniture,
major focal elements and ornamentation shall be provided.
[2]
These elements shall be located on a plan of the development.
[3]
Details of plant species and hard materials shall be included.
(i)
Lighting Design: Placement of public and private lighting throughout the
development and design of the lighting fixtures, globes, illumination patterns and
intensities.
Art. VII. Administration and Enforcement
83
(j)
Signage:
[1]
Provide the proposed design, size, height and placement of all signs.
(a) Include standards for street signs, parking signs, fire lanes, and signs for civic uses in
the districts.
Section 240-49
Violations and Penalties
A.
In case any building is erected, constructed, reconstructed, altered, repaired or converted to any
building or land use in violation of this Ordinance, the Administrator is authorized and directed to
institute any appropriate action to put an end to such violation.
B.
Any person or corporation who shall violate any of the provisions of this Ordinance or fail to
comply therewith or with any of the requirements thereof or who shall build or alter any building in
violation of any detailed statement or plan submitted and approved thereunder, shall be guilty of a
misdemeanor and shall be liable to a fine of not more than $100 per offense, and each and every day
such violation shall continue shall be deemed a separate offense. The owner or owners of any
building or premises or part thereof where anything in violation of this Ordinance shall be placed or
shall exist and any architect, builder, contractor, or agent person or corporation employed in
connection therewith and who have assisted in the commission of any such violation shall be guilty
of a separate offense and upon conviction thereof, shall be fined as herein before provided.
C.
All citations for violations of this Code shall be in written form and shall indicate that a property
owner or other interested party may appeal the citation to the Board of Adjustment within 15
business days of the date the citation was mailed to the property's address and, if different, to the
property owner's last known address on file with the town, which mailing shall be by both regular
mail and certified mail, return receipt requested. If the appeals period expires without the violation
being remediated or an appeal being filed, or if an appeal is filed and the Board of Adjustment
affirms the citation and the property owner does not remediate the violation within 5 business days
of the date of the Board's decision, the Town may impose civil penalties as prescribed herein.
Pursuant to 25 Del. C. § 2901, civil penalties assessed for violations of the Code that are not paid
within 30 days may be added to the property tax bill for the property that was the subject of the
violation.
Section 240-50
Establishment of Board of Adjustment
A.
A Board of Adjustment is hereby established and shall consist of five members, each appointed
for a term of three (3) years. The persons appointed to the Board of Adjustment shall have
knowledge and experience in the area of community development and shall be appointed by the
Mayor. Any member of the Board may be removed for cause by the Town Council upon written
charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member
whose term becomes vacant.
B.
The Board shall adopt rules for the conduct of its business, such rules to be made available to the
public. For the conduct of any hearing a quorum shall be not less than three (3) members and an
affirmative vote of three (3) members of the Board shall be required to overrule any decision, ruling
Art. VII. Administration and Enforcement
84
or determination of the official charged with enforcement of this Ordinance or to approve any
variance.
C.
All actions or decisions of the Board shall be taken by resolution, in which at least three (3)
members must concur. Each resolution shall contain a statement of the grounds and findings
forming the basis of such action or decision, and the full test of said resolution and record of
member's votes shall be incorporated into the minutes of said Board. No appeal requesting the same
relief in regard to the same property shall be received or heard by the Board for a period of one (1)
year following the date of said resolution, except that this limitation shall not affect the right of the
Board to grant a rehearing as provided in the Board's Rules of Procedures.
D.
Duties, Powers and Responsibilities of the Board. The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement,
decision, interpretation, or determination made by an administrative official in the
administrative enforcement of this Ordinance.
(2)
Variances: To authorize a variance from the specific terms of this Ordinance as authorized
in 22 Del. C. § 327(a)(3) and in accordance with § 197-92 of this chapter..
E.
Procedures.
(1)
Variances: Applications for variance may be made by any property owner, tenant or
governmental official. Such application shall be made in accordance with rules adopted by
the Board. The application and accompanying maps, plans or other information shall be
submitted to the Town Administrator who shall place the matter on the docket, advertise a
public hearing thereon and file written notice of such hearing with the parties of interest. A
similar notice shall be posted on the property under consideration. The Secretary of the
Board shall also transmit a copy of the application to the Planning Commission which may
send a recommendation to the Board or appear as a party at the hearing.
(2)
Appeals:
(a)
Appeals to the Board of Adjustment may be taken by any person aggrieved by his
inability to obtain a certificate of zoning compliance or by the decision of any
administrative officer based upon or made in the course of the administration or
enforcement of the provisions of the zoning regulation.
(b)
Appeals to the Board of Adjustment may be taken by any officer of the Town
affected by the grant or refusal of a certificate of zoning compliance or by the other
decision of an administrative officer based on or made in the course of the
administration or enforcement of the provisions of the zoning regulations.
(c)
Such appeal shall be taken within 30 days after the decision appealed from the filing
with the Secretary of the Board.
Art. VII. Administration and Enforcement
85
(d)
An appeal shall stay all proceedings in furtherance of the action appealed from
unless the Secretary of the Board certifies to the Board that by reason of facts stated
in the certificate, a stay would in his opinion cause imminent peril to life or property,
in which case proceedings shall not be stayed except by a restraining order granted
by the Board or by a court of record, on application and on notice to the Secretary of
the Board and for good cause shown.
(3)
General:
(a)
The Board shall fix a reasonable time for the hearing of an application or appeal,
give public notice thereof as well as due notice to the parties of interest and decide
the same within 60 days. Public notice of the hearing shall consist of publication of
a legal notice at least 15 days prior to the hearing in a newspaper of general
circulation in the town. Such notice shall specify the time, place, and nature of the
hearing. The hearing shall be held not less than five (5) days, nor more than ten days
after final publication. In exercising its powers the Board may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or determination
appealed from.
(b)
The Board shall designate a secretary to keep minutes of its proceedings and other
official actions which shall be filed in the office of the Board and shall be public
records. The Chairman of the Board, or in his / her absence the Vice Chairman, may
administer oaths and compel the attendance of witnesses. All testimony shall be
given under oath or affirmation.
F.
Variances. Subject to the provisions of Section 240-45 of this Article, the Board shall have the
power to grant the following variances:
(1)
A variance in the yard requirements in any district so as to relieve practical difficulties or
particular hardships in cases when and where, by reason of exceptional narrowness,
shallowness, size or shape of a specific piece of property, at the time of the enactment of
such regulation or restriction or by reason of exceptional topographical conditions or other
extraordinary situation or condition of such piece of property or the use of development of
property immediately adjacent thereto, the strict application of each regulation or restriction,
would result in peculiar and exceptional practical difficulties to or exceptional
hardship upon the owner of such property. Such grant or variance shall comply as nearly as
possible in every respect with the spirit, intent and purpose of the comprehensive plan; it
being the purpose of this provision to authorize the granting of variation on, for reasons of
demonstrable and exceptional hardship, as distinguished from variations sought by
applicants for purposes or reasons of convenience, profit or caprice.
(a)
No variance shall be authorized by the Board unless it finds:
[1]
That the strict application of the Ordinance would produce undue hardship.
[2]
That such hardship is not shared generally by other properties in the same
zoning district and same vicinity.
Art. VII. Administration and Enforcement
86
[3]
That the authorization of such variance will not be a substantial detriment to
the public good or to adjacent property and that the character of the district
will not be changed by the granting of the variance.
[4]
No variance shall be authorized unless the Board finds that the condition or
situation of the property concerned or the intended use of the property is not
of so general or recurring a nature as to make reasonably practicable the
formulation of a general regulation to be adopted as an amendment to the
Ordinance.
(2)
An exception to the height regulations in an Industrial District.
(3)
Exceptions to parking and loading requirements as follows:
(a)
Off-street parking areas, adjacent to or at reasonable distance from the premises on
which parking areas are required by the parking regulations of Article IV where
practical difficulties, including the acquisition of property, or undue hardships are
encountered in locating such parking areas on the premises and where the purpose of
these regulations to relieve congestion in the streets would best be served by
permitting such parking off the premises.
(b)
Waiver or reduction of the parking and loading requirements in any district
whenever the character or use of the building is such as to make unnecessary the full
provision of parking or loading facilities.
(c)
Waiver or reduction of loading space requirements where adequate community
loading facilities are provided.
(d)
Waiver or reduction of loading space requirements for uses which contain less than
10,000 square feet of floor area where construction of existing buildings, problems
or access or size of lot make impractical the provision of required loading space.
(4)
In cases of uncertainty, a determination of the district classification of any use not
specifically named in these regulations provided, however, such use shall be the normative
for that type of use and in keeping with uses specifically permitted in the districts in which
such use is to be classified.
G.
Conditions Attached to Approvals. Where variances are permitted in these regulations they may be
limited by such conditions as the case may require, including but not limited to, the imposition of
any of the following specifications:
(1)
Amount, direction, and location of outside lighting.
(2)
Amount and location of off-street parking and loading space.
(3)
Type of construction and materials.
(4)
Paving, shrubbery, landscaping or ornamental or screening fences, walls or hedges.
Art. VII. Administration and Enforcement
87
(5)
Time of day or night for operation.
(6)
Control or elimination of smoke, dust, gas, noise or vibration caused by operations.
(7)
Requirements for termination of a use based on lapse of time or such other conditions as the
Board may specify.
(8)
Such other conditions as are deemed necessary by the Board of Adjustment.
H.
Amendment of Variance: The procedure for amendment of a variance already approved or a request
for a change of conditions attached to an approval shall be the same as for a new application except
that where the Town Administrator for the board determines the change to be minor relative to the
original approval, he / she may transmit the same to the Board with the original record without
requiring that a new application be filed.
I.
Appeals to Courts: Appeals to courts from a decision of the Board may be filed in the manner
prescribed by law.
Section 240-51 Planning Commission
A.
There is hereby established, pursuant to 22 Delaware Code, Section 701, et seq., the Planning
Commission of the Town of Camden.
B.
The Commission shall consist of five (5) members to be appointed by th President, subject to
confirmation by the Town Council. The term of each member so appointed and confirmed shall be
for three (3) years, EXCEPT that of the members first appointed, two (2) shall be appointed to a
term of three (3) years; two (2) shall be appointed to a term of two (2) years; and, one (1) shall be
appointed to a term of one (1) year.
C.
Any member of the Planning Commission may be removed for cause, after a public hearing, by the
President with the approval of the Town Council. A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term, in the same manner as an original appointment.
D.
The President and one additional member of council shall be ex officio members of the Planning
Commission and may exercise all of the powers of the regular members, PROVIDED, HOWEVER,
that an ex officio member may not hold an office on the Commission, and shall have no right to
vote on matters coming before the Commission.
E.
All members of the Commission shall serve without compensation, but may be reimbursed for
actual expenses incurred in connection with their official duties.
F.
The Commission shall elect annually, a chairman and secretary from among its own number, and
may employ experts, clerical help and other assistants. The Commission may appoint a custodian of
its comprehensive plan and records, who may be the Town Engineer or the Town Clerk.
G.
The Commission shall adopt its own rules of procedure and determine the times of its meetings and
methods of notice thereof. All meetings of the Commission at which any official action is taken
shall be open to the public, and all records of the Commission shall be public records.
Art. VII. Administration and Enforcement
88
H.
The Planning Commission of the Town of Camden shall have all the powers and authority vested in
municipal planning commissions under the provisions of Title 22, Delaware Code, Chapter 7,
subject to the same conditions and limitations set forth therein at the effective date of this
Ordinance. The Planning Commission shall report at each monthly meeting of Council and shall
present copies of its minutes of the preceding month.
Section 240-52
Text and Map Amendments
The Town Council may, from time to time, amend, supplement, change or modify by ordinance the
number, shape, area or boundaries of the districts or the regulations herein established. Any such
amendment may be initiated by resolution of the Town Council or by motion of the Planning Commission
or by petition of any property owner addressed to the Town Council.
A.
All proposed amendments whether an amendment in text or a modification in districts, shall be first
submitted to the Town Administrator in writing at least 30 days in advance of the next regular
meeting of the Planning Commission. The Commission shall then schedule a review of the
proposal at the next Commission meeting, at which time consideration shall be given to the relation
of the proposed change to the general purpose and intent of the ordinances and to the
Comprehensive Plan, and the facts existing in the vicinity of the proposed change which may
warrant a change to the district boundaries or to the rules and regulations of the ordinance.
B.
Subsequent to the Planning Commission's review, the Commission shall notify the Town Council
of the applicant's desire to proceed with a formal hearing date and shall cause a notice to be
published in a paper of general circulation in the Town of Camden setting forth the time and place
of public hearing, not later than 15 days prior to the established hearing date. A similar notice shall
be posted on the Town website and bulletin board.
C.
Review of Amendment.
(1)
The Town Administrator's report and the Planning Commission's recommendation shall
accompany the amending ordinance when it is presented to the Camden Town Council for
official action. No amendment, supplement, change or modification or repeal by the
Camden Town Council shall become effective until after a Public Hearing has been held at
which time all interested parties and citizens shall have an opportunity to be heard.
(2)
Following its public hearing, the Town Council may make appropriate changes or
corrections in an ordinance or proposed amendment, provided however, that no additional
land may be zoned to a different classification than as contained in the public notice without
an additional public hearing after notice as required in parts A and B of this Section.
D.
Reapplication for Amendment: No application for an amendment, supplement, change or
modification or repeal requesting the same relief in regard to the same property shall be received by
the Planning Commission for a period of one (1) year following the decision in the matter by the
Camden Town Council.
Art. VIII. Definitions and Word Use
89
ARTICLE VIII. DEFINITIONS AND WORD USE
Section 240-53
Interpretation of Language
A.
For the purposes in this Ordinance, certain words in the singular number shall include the plural
number and words in the plural numbers shall include the singular number, unless the obvious
construction of the wording indicates otherwise.
B.
Words in the present tense include the past and future tenses, and the future the present.
C.
Words and terms not defined herein shall be interpreted in accord with their normal dictionary
meaning and customary usage.
D.
the word "shall" is mandatory and "may" is permissive.
E.
the word "used" shall be deemed also to include "designed, intended or arranged to be used".
F.
the term "erected" shall be deemed also to include "constructed," "reconstructed," "altered,"
"placed," or "moved."
G.
The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of
building."
H.
The word "adjacent" shall include "abutting" and "adjoining."
Section 240-54
Definitions
Accessory Use. See Use, Accessory.
Adjacent. Physically touching or bordering upon; sharing a common boundary, but not overlapping.
Administrator. The Town Administrator of the Town of Camden and the person authorized to
administer and enforce this Ordinance.
Adult Entertainment. Relating to, intended for, or befitting adults, usually containing or dealing with
explicitly sexual material. This would include but is not limited to live or non-live entertainment; rental
and sales of adult materials; arcades; cabarets; dance halls; clubs; bars; taverns; motion picture theaters;
motels; nightclubs; restaurants or similar commercial establishments offering adult entertainment.
Including the following guidelines:
Adult Bookstore, Motion Picture Theater: An establishment having as a substantial or significant
portion of its stock in trade, books, magazines and other periodicals or regular schedules of X-rated
films, which are distinguished or characterized by their emphasis on matter depicting, describing or
relating to specified sexual activity or specified anatomical areas as defined below or an
establishment with a segment or section devoted to the sale or display of such material.
Adult Massage Establishment: An establishment where any person, firm, association or
corporation engages in or permits to be engaged in or carried on for pay any of the following
activities: placing pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating external soft parts of the body with the hands or with the aid of any
mechanical apparatus or electrical apparatus or appliance. This definition includes health clubs,
Art. VIII. Definitions and Word Use
90
sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing
home, medical clinic or the office of a physician, chiropractor, osteopath or physical therapist duly
licensed by the State of Delaware nor barber shops nor beauty shops in which massages are
administered only to the scalp, the face, the neck or the shoulders.
Aggregate. Any hard, inert material composed of fragments in a wide gradational range of sizes, which is
mixed with a cementing material to form concrete or the like. The term may also refer to a mass of similar
mineral fragments which are used, with or without a binder, in many ways, including some that involve
physical and chemical alteration of the aggregate material itself. Aggregates may be classed into two (2)
groups: (1) natural materials such as sand, gravel, crushed stone, and pumice; and (2) artificial materials,
produced by crushing blast furnace slag or burning and crushing clays or shales. The second group
includes most of the lightweight aggregates.
Alley. A service roadway providing a secondary means of public access to abutting property and not
intended for general traffic circulation. An alley may not be used as the primary access to any parcel or lot.
Alteration. Any change in or rearrangement of the supporting members of an existing building, such as
bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows,
means of ingress or egress, or any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure from one location to another.
Alteration, Structural. Any change in either the supporting member of a building, such as bearing walls,
columns, beams, and girders, or in the dimensions or configurations of the roof or exterior walls.
Apartment or Accessory Apartment. See Dwelling Unit, Apartment.
Asphalt. A brownish-black solid or semisolid, cementitious material that consists mainly of bitumens
found in nature or left as a residue in the distillation of petroleum. Asphalt is used as a binding material in
road, sidewalk, highway, and other types of paving, but is not limited to these uses. The term can also be
used to refer to mixed asphalt and crushed stone, gravel or sand, used for paving or roofing.
Automobile. A self-propelled, free-moving vehicle, with not more than 2 axles, usually used to transport
passengers and licensed by the Delaware Department of Transportation as a passenger vehicle.
Basement. That portion of a building having its finished floor elevation below final grade level on all
sides, with a ceiling height minimum of five (5) feet. At least one half of its height is above ground.
Walkout basements, daylight basements or terrace levels are usually subgrade on only three (3) sides.
Bed & Breakfast Establishment. An accessory use to an owner-occupied, single-family detached
dwelling that has been adapted to provide overnight lodging and breakfast to guests or travelers.
Billboard. See Sign, Billboard.
Block. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-
way, waterways, or any other barrier to the continuity of development.
Board or BOA. Board of Adjustment for the Town of Camden.
Art. VIII. Definitions and Word Use
91
Brewpub. A restaurant that prepares handcrafted natural beer intended for consumption on the premises as
an accessory use.
Buffer. An undeveloped strip of land between two different land uses, landscaped and maintained in such
a way as to reduce the impacts - such as but not limited to environmental, visual, or blockage of light - of
the more intense use on the lesser.
Buildable Area. The area of a lot remaining after the minimum yard and open space requirements of this
Ordinance have been met. See Figure 240-1.
Building. Any structure having a roof supported by columns or walls intended for the shelter, housing, or
enclosure of any individual, animal, process equipment, goods, or materials of any kind.
Building, Accessory. A subordinate structure on the same lot as a main building in which is
conducted a use that is clearly incidental and subordinate to the lot's principal use.
Building, Principal. A building in which is located the principal use of the lot on which it is
located.
Building Height. The vertical distance from finished grade at the front lot line to the top of the highest
roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the
eaves and the ridge level for gable, hip, and gambrel roofs.
Building Line. A line parallel to the street line, offset by the required front yard setbacks. See Figure 240-
1.
Bulk Regulations. See Dimensional and Density Standards.
Caregiver. An individual, either a physician, nurse, social worker, parent, foster parent or head of a
household, who either assists in the identification, prevention or treatment of an illness or disability, or
attends to the needs of a child or dependent adult.
Canopy. A detachable roof-like cover supported from the ground or deck, floor or walls of a building for
protection from sun and weather.
Cement. In its broad meaning includes any cementitious material that is able either to unite portions of
substances not in themselves adhesive into a cohesive whole, or to cement nonadhesive materials together.
Its purpose is usually as a building material made by grinding calcined limestone and clay to a fine powder,
which can be mixed with water and either poured to set as a solid mass or used as an ingredient in making
mortar or concrete. Cement in common usage refers to portland cement, but herein can refer to other types
of cement, including but not limited to: Keene's oxychloric, and natural cement.
Club. A group of people, organized for a social, educational, or recreational purpose, operating primarily
neither for profit nor to render services customarily carried on by commercial businesses. For the purposes
of this Ordinance, this definition specifically excludes adult entertainment.
Art. VIII. Definitions and Word Use
92
Cluster Development. A residential development pattern or design technique in which lots are grouped
together rather than spread evenly throughout a parcel as in conventional subdivision development. Lot
density is averaged for the entire development. Development and infrastructure is compressed and open
space is maximized.
Commission. The Planning Commission of the Town of Camden.
Communications Tower. Also referred to as "Cellular Tower ". A structure, such as a lattice tower, guy
tower or monopole tower, constructed as a freestanding structure, or in association with a building, other
permanent structure or equipment, on which is located one or more antennas intended for transmitting or
receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar foul's of
electronic communication. The term includes microwave towers, common carrier towers and cellular
telephone towers. The term does not include television antennas serving individual households.
Community Center. A building or suite of rooms, used for recreational, social, educational, and cultural
activities.
Community Impact Study. A study related to the quantity and kind of improvement and services needed
to support the proposed development. This study should include an estimate of revenue to the Town from
proposed development and an estimate of the cost of improvements and services required to serve the
development immediately, and should include, where applicable but not be limited to, services and
improvements, schools, utilities, including sewerage, water mains, and storm drainage, streets, traffic
signals, police and fire protection, refuse collection and disposal, recreation facilities, and any other
information deemed necessary by the Planning Commission to make a decision.
Concrete, Concrete Mixing. A mixture of sand, gravel, crushed rock or other aggregate held together by a
hardened paste of cement and water. Also know as mortar, grout, stucco and cement plaster. As a
construction material, concrete consists of sand, conglomerate gravel, pebbles, broken stone or slag in a
mortar or cement matrix.
Conservation District. The Kent County (Delaware) Conservation District.
Consolidation. Removal of lot lines between parcels. See also Subdivision.
Contractor's Yard. The use of any space, whether inside or outside a building, for the storage or keeping
of construction equipment, machinery, vehicles or parts thereof, which are for use by a contractor.
Convenience Store. Any retail establishment offering for sale prepackaged food products, household
items, newspapers, and prepared foods usually for off-site consumption.
County. Kent County, Delaware.
Day Care Center. An establishment providing for the care, supervision, and protection of persons away
from their homes for part of a 24-hour day.
Day Care, Child.
Art. VIII. Definitions and Word Use
93
Family Child Care Home. A private residence that is operated by someone who is licensed by the
State to provide childcare services for no more than 6 children at any one time, excluding children
related to the childcare provider and not including care provided exclusively for relatives.
Large Family Child Care Home. A private residence that is operated by a person or persons
licensed by the State of Delaware to provide childcare services for between 7 and 12 children,
excluding children who are related to the provider, and not including care provided exclusively for
relatives.
Child Day Care Center. A facility that provides care, protection, supervision and guidance for
seven (7) or more children licensed by the State Department of Services for Children, Youth and
Their Families.
DelDOT. State of Delaware, Department of Transportation.
Development.
- The division of a parcel of land into two (2) or more parcels;
- The construction, reconstruction, conversion, structural alteration, relocation, enlargement or
affixing, of any building, structure, or prefabricated structure;
- Any mining excavation, landfill, or land disturbance;
- Any use or extension of the use of land.
Development Plan. Generally, Subdivision or Site Plans. A plan for the development of one or more lots,
parcels, tracts, or properties on which is shown the existing and proposed conditions, including, but not
limited to, topography, vegetation, drainage, floodplains, wetlands, waterways, landscaping and open
spaces, walkways, exits and entrances, circulation, utility services, lot lines, easements, structures and
buildings, signs, lighting, parking, screening, surrounding development, and any other information that may
be reasonably required so that the Town of Camden can make an informed decision.
Dimensional and Density Standards. Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which a building or structure can be located,
including coverage, setbacks, height, and yard requirements; also called bulk regulations.
Distribution Center. An establishment that stores, and distributes goods, products, cargo, and materials,
including transshipment by boat, rail, air, or motorized vehicle.
District. See Zoning District.
DNREC State of Delaware, Department of Natural Resources and Environmental Control.
Dog Kennel. See Kennel.
Art. VIII. Definitions and Word Use
94
Dripline. The perimeter line formed by the points farthest away from the trunk of a tree where precipitation
falling from the branches of that tree lands on the ground.
Drive-In Use. An establishment that permits customers to receive services, obtain goods, or be
entertained while remaining in their motor vehicles. A drive-in use may be subordinate or secondary to a
walk-in facility with parking.
Dwelling. A building, or portion thereof, used as a place of residence, containing sleeping, cooking, and
sanitary facilities, excluding commercial lodging facilities.
Dwelling, Manufactured Home. A dwelling unit fabricated in an off-site manufacturing facility
for installation or assembly at a building site and bearing a label certifying that it is built in
accordance with Federal Manufactured Home Construction and Safety Standards which became
effective on June 15, 1976. The term also includes mobile homes, park trailers, travel trailers and
other similar transportable structures placed on a site for one hundred-eighty (180) consecutive days
or longer and intended to be improved property which is usually leased by the week, day, month or
year. For the purposes of this Ordinance, a manufactured home dwelling shall be a single-family
dwelling.
Dwelling, Mobile Home. A transportable dwelling unit fabricated in an off-site manufacturing
facility, usually containing a HUD sticker, designed to be a permanent residence, and built prior to
June 15, 1976 when the Federal Home Construction and Safety Standards became effective. The
term also includes manufactured homes, park trailers, travel trailers and other similar transportable
structures placed on a site for one hundred-eighty (180) consecutive days or longer and intended to
be improved property which is usually leased by the week, day, month or year For the purposes of
this Ordinance, a Mobile Home Dwelling shall be a single-family dwelling.
Dwelling, Modular. A dwelling fabricated in an off-site manufacturing facility in accordance with
the County Building Code. Modular homes also include, but are not limited to, panelized, pre-
fabricated, and kit homes.
Dwelling, Multi-Family. A building containing three (3) or more dwelling units, including units
that are located one over the other.
Dwelling, Single-Family Detached. A building containing one (1) dwelling unit and that is not
attached to any other dwelling or structure by any means and is surrounded by open space or yards.
Dwelling, Semi-Detached, also Duplex. One of two (2) dwelling units, located on adjoining lots,
attached to the other by an unpierced wall extending from ground to roof.
Dwelling, Townhouse. A single-family dwelling in a row of at least three (3) such units, in which
each unit has its own front and rear access to the outside, no unit is located over another unit, and
each unit is separated from any other unit by one or more vertical common fire-resistant walls.
Dwelling, Triple-Attached. One of three (3) dwelling units, located side by side on adjoining lots,
each of which is totally separated from the other by an unpierced wall extending from ground to
roof.
Art. VIII. Definitions and Word Use
95
Dwelling, Two-Family. A building on a tract containing two (2) dwelling units, including:
Semi-Detached Dwelling: A Two family dwelling where each unit is totally separated
from the other by an unpierced wall extending from ground to roof; OR
Duplex: A two family dwelling where each unit is separated from the other by an unpierced
ceiling and floor extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
Dwelling Unit. One (1) or more rooms, designed, occupied or intended for occupancy as a separate
living quarter or unit, containing cooking, sleeping, and sanitary facilities provided within the
dwelling unit for the exclusive use of a single family maintaining a household.
Dwelling Unit, Apartment. One dwelling unit within a multi-family dwelling..
Dwelling Unit, Accessory Apartment. A single dwelling unit within a portion of a principal
building or in an accessory building located on the same lot with the principal building,. Such
facilities may or may not have separate utility meters.
Easement. Authorization by a property owner for another to use the owner's property for a specified
purpose.
Educational Use. Any land, structures or buildings, however designated, established to offer a public or
private program of college, professional, preparatory, high school, junior high school, middle school,
elementary school, kindergarten, or nursery school jurisdiction, or any combination thereof, or any other
program of trade technical, or artistic instruction, excluding schools/institutes for instructing the operation
of construction equipment, aviation or helicopters.
Environmental Impact Study. A study which evaluates the effect of the proposed development on
environmentally sensitive areas, local residents and other land uses, and the general neighborhood. The
study shall include such considerations as: effects of noise, dust, odor, traffic, lighting, smoke, erosion,
sediment control, flooding, stormwater runoff or infiltration on water quality, change in natural ground
cover and any other information deemed necessary by the Planning Commission to make a
recommendation, consider approval or place conditions on a project proposal.
Environmentally Sensitive Areas. Land forms, either recognized or delineated, including but not limited
to: wetlands, erosion-prone soils, wildlife habitat, environmental hazards (landfills, sinkholes, etc.),
floodplain and floodway, groundwater recharge or source water areas for wells, or forest or wooded areas.
Extraction. The removal of mineral deposits from the ground by quarrying, mining, digging, dredging,
blasting or any other form of excavation.
Family. A group of individuals related by blood, marriage, adoption, guardianship or other recognized
arrangement, living together in a dwelling unit as a single housekeeping unit under a common
housekeeping unit under a common housekeeping management plan based on an intentionally structured
relationship providing organization and stability. The term, "family" shall not include disciplinary group
Art. VIII. Definitions and Word Use
96
homes, dormitories, boarding houses, rooming houses, fraternity houses, hotels, day care facilities, or any
use similar to those specifically excluded.
Filling Station. Building, land, or premises used for the retail dispensing or sales of vehicular fuels;
servicing and repair of motor vehicles; may include, as accessory uses, the sale and installation of
lubricants, tires, batteries, and similar vehicle accessories.
Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry
land areas from: 1) the overflow of inland or tidal waters; or 2) the unusual and rapid accumulation or
runoff of surface waters from any source.
Floor Area:
Floor Area, Gross. The sum of the gross horizontal areas of the several floors of a building or
structure from the exterior face of exterior walls, or from the centerline of a wall separating two
buildings, but excluding any space where the floor-to-ceiling height is less than seven (7) feet, but
including:
-Basement space, if it meets the requirement of a building story.
-Elevator shafts, stairwells and attic space, whether or not a floor has been laid, providing
structural headroom of eight (8) feet or more.
-Roofed terraces, exterior balconies or breezeways, where over fifty-percent (50%) of the
perimeter is enclosed; a closed porch.
Floor Area, Net. The total of all floor areas of a building measured from interior walls, excluding
stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors
below the first or ground floor, except when used or intended to be used for human habitation or
service to the public.
Floor Area Ratio, FAR. The ratio of Net Floor Area, in square feet, to total lot area in square feet.
Frontage. That side of a lot abutting on a street; the front lot line.
Garage. A deck, building, structure of part thereof, used for the parking and storage of vehicles.
Greenhouse, Commercial. A structure in which plants, vegetables, flowers, and similar materials are
grown for sale.
Home-based business. A commercial use conducted on a residential property by the inhabitants thereof,
which use is incidental and subordinate to the residential use, and subject to special requirements set
forth in Section 240-40.
Home-based business, No impact. A Home-based business whose only on-site employees are those that
reside in the subject dwelling; and that meets all conditions of Section 24-40.
Art. VIII. Definitions and Word Use
97
Homeowners Association. A non-profit organization comprised of homeowners or property owners,
planned and operated under negotiated and approved rules and regulations, for the purpose of administering
the needs of residents through the maintenance of community-owned property. This term is synonymous
with Property Owners Association.
Hospital. A place devoted primarily to the maintenance and operation of facilities for the diagnosis,
treatment or care for not less than 24 hours in any week of 4 or more non-related individuals suffering from
illness, disease, injury or deformity or a place devoted primarily to providing for not less than 24 hours in
any week of obstetrical or other medical or nursing care for 2 or more non-related individuals requiring a
license under license being issued under DE Code, Title 16, Chapter 10, Sec. 1003, but does not include
sanatoriums, rest homes, nursing homes, hospice facilities or boarding homes.
Hospital, Animal. A building or structure used for the treatment, housing or boarding of small domestic
animals such as, but not limited to, dogs, cats, rabbits and birds or fowl by a licensed veterinarian.
Hot-Mix or Hot-Mix Asphalt. The standard construction of plant-mixed bituminous concrete. See
"Asphalt."
Hospice. See "Nursing Care."
Impervious Coverage. Impervious surface calculations shall include the square footage of buildings,
driveways, sidewalk, walkways, patios, decking (without open joints), game courts, or any other facility
constructed with a surface that does not allow water to permeate directly into the subsoil.
Industrial Use. Any use of land, building(s) or structures) for construction, manufacturing, mixing of
materials and transportation, or designated as "Industry" buy this Ordinance. This definition does not
include municipal or state uses or functions such as public works areas/yards and/or roadways.
Infill Development. Development that takes place on vacant or underutilized parcels within an area that is
characterized by existing development and has access to existing utilities and infrastructure. For purposes
of this ordinance, infill development shall be further defined as new development or redevelopment within
the R-1, R-2, or C-1 Districts.
Invasive Plant Species--Species that are non-native (or alien) to the ecosystem under consideration and
whose introduction causes or is likely to cause economic or environmental harm or harm to human health,
including, but not limited to plant species referenced by the Delaware Invasive Species Council (DISC) or
the Department of Natural Resources and Environmental Control (DNREC) as "invasive" or on an
"invasive watchlist".
Junk Vehicle. Any vehicle stored outside, which is so disabled, disassembled, dismantled or damaged, as
to be incapable of being used safely for its intended purposes, or does not have a current Delaware motor
vehicle registration sticker, and is left in such condition for ninety (90) days or more; vehicles stored for
their parts, or scrap value.
Kennel. A commercial establishment in which dogs or domestic pets, more than six (6) months old, are
housed, groomed, bred, boarded, trained, or sold, all for a fee, income or wherein compensation is derived
from such services rendered.
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Land Disturbing Activity. A land change or construction activity for residential, commercial,
silvicultural, industrial, and institutional land use which may result in soil erosion from water or wind or
movement of sediments or pollutants into State waters or onto lands in the State or which may result in
accelerated stormwater runoff, including, but not limited to, clearing, grading, excavating, transporting and
filling of land.
Landfill, Sanitary. A tract of land used for the permanent storage and disposal of solid wastes, as defined
in the regulations promulgated by the State of Delaware.
Land Owner. (Also Landowner) The legal or beneficial owner or owners of land, the holder of an option
or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if
he/she is authorized under the lease to exercise the rights of the owner.
Landscape, Natural. A defined area or space wherein the invasive plantings have been removed, but
native species are allowed to grow freely. The area is maintained on a seasonal basis. Property owners are
prohibited from using natural landscaping, except in defined, municipally approved buffer or other
designated areas.
Landscaped Area. A defined area or space that has had plants installed and is maintained on a regular
basis.
Landscaped Screen. A completely planted visual barrier composed of evergreen plants and trees
arranged to form both a low level and a high level screen. The high level screen shall consist of
evergreen trees planted at an initial height of not less than five feet and planted at intervals of not
more than ten feet on center. The low level screen shall consist of evergreen shrubs planted at an
initial height of not less than two feet and spaced at intervals of not more than five feet on center.
Landscape Plan. A plan indicating the placement of trees, shrubs, groundcover and affiliated structures
and improvements, including specifications, species, quantities and installation as prepared by a Delaware
registered Landscape Architect.
Leased Land. A property or site, used as a commercial enterprise, wherein or on which all or some of the
buildings or structures, which may or may not be single-family residential, are held in separate ownership.
Upon such land customarily sits a manufactured or mobile home or unit.
Light Rail. A form of electric lightweight rail (as opposed to heavy rail) passenger public transportation
with rail cars operating singly (or in short, usually two-car trains) on fixed rails in a right-of-way that is not
separated from other traffic for much of the way. They can have high or low platform loading. May also
be known as "Streetcar ", Trolley car" or "Tramway ".
Livable Space. The heated floor area of a building, above finished grade, measured from the outside
dimensions of the exterior walls used for dwelling purposes, and excluding all non-dwelling areas such as
attic, storage, carport, and garage. Finished living space in a dwelling unit but not including a basement or
garage.
Loading Space. A minimum of 540 square feet of durably paved, properly designed for drainage, offstreet
space used for the loading and unloading of vehicles, except passenger vehicles in connection with the use
of the property on which such space is located.
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Lot. A designated parcel, tract, or area of land established either by plat, subdivision, or considered as a
unit of property by virtue of a metes and bounds description, to be separately owned, used, developed, or
built upon. See Figure 240-1 and see also Yard.
Lot, Corner. A lot or parcel of land abutting upon two (2) or more streets at their intersection or
upon 2 parts of the same street forming an interior angle of less than 135 degrees. The access shall
be on the street of lesser classification.
Lot, Double Frontage. A lot, other than a corner lot, that has frontage on two (2) streets. The
access shall be on the street of lesser classification.
Lot, Reverse Frontage. A lot extending between and having frontage on two (2) generally parallel
streets. Also referred to as a double frontage lot.
Lot, Legal. A lot which was created and legally recorded prior to the adoption of this Ordinance, or
any lot subdivided and legally recorded in full compliance with these regulations subsequent to the
adoption of this ordinance.
Lot Line. A line of record bounding a lot that divides one lot from another lot or from a public
street or any other public space.
Lot, Flag. Also "flaglot". An interior lot connected to the street by an access corridor/cartway with
a minimum width no less than fifteen (15) feet.
Lot Line, Front. The lot line separating a lot from a street right-of-way.
Lot Line, Rear. The line opposite and most distant from the front lot line.
Lot of Record. A lot that exists either by virtue of a metes and bounds description or by depiction
on a plat or deed recorded in the Office of the County Recorder of Deeds.
Lot, Width. The horizontal distance between the side lines of a lot measured at right angles to its
depth along a straight line parallel to the front lot line at the minimum required building setback
line, i.e., the buildable width of a lot.
Major Recreational Equipment. Includes boats, personal watercraft (PWC), boat trailers, travel trailers,
all terrain vehicles (ATV's), utility trailers, pick-up campers or coaches designed to be mounted on motor
vehicles, motorized dwellings, tent trailers, and similar equipment as well as cases or boxes used for
transporting major recreational equipment regardless or whether the equipment is inside of the boxes.
Manufactured Home. See Dwelling, Manufactured Home.
Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or
substances into new products, including the assembling of component parts, the creation of products, and
the blending of materials, such as lubricating oils, plastics, resins, or liquors.
Manufacturing includes all mechanical or chemical transformations regardless of whether
the new product is finished or semi-finished as a raw material for further processing.
Art. VIII. Definitions and Word Use
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The processing of farming by-products is manufacturing and not considered an accessory
use to farming operations. The processing of farm products grown on a farm is not
manufacturing, but rather, an accessory use to farming operations.
Manufacturing, Light. Designated to accommodate limited intensity levels of manufacturing and
assembly activity, characterized by low levels of noise, with virtually no dust or odor and local
delivery or transportation. It could include the assembly of component parts and associated office
uses with minimal storage areas.
Manufacturing, Heavy. Designated to accommodate intense levels of manufacturing and
assembly activity, characterized by high levels of dust, noise, odor and transportation needs. It
could include the assembly of parts manufactured on-site and large building areas, including large
storage buildings.
Medical Clinic. An establishment where patients are admitted for examination and treatment on an
outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social
workers and where patients are not lodged overnight.
Microbrewery or craft distillery. Establishments that are primarily a brewery or distillery, which produce
no more than 100,000 proof gallons of spirits per calendar year or 7,000 barrels (217,000 US gallons) of
beer, mead and cider per calendar year.
Mobile Home. See Dwelling, Mobile Home or Dwelling, Manufactured Home.
Modular Home. See Dwelling, Modular or Dwelling, Manufactured Home.
Municipal Facilities and Services, Camden. A use conducted by the municipality, such as parks,
playgrounds, and other recreational, cultural and conservation areas, or other public facilities, but
excluding maintenance and storage facilities.
Municipal Facilities and Services, All Other. A use conducted by any other governing body. Includes
post offices, parks, playgrounds, and other recreational, cultural and conservation areas, or other public
facilities, but excludes maintenance, storage and postal distribution facilities.
Municipal Governing Body. The legislative body for the Town of Camden.
Municipality. In this ordinance, to mean the Town of Camden.
Nonconforming Situations. Use, structures, lots, or signs that were lawful prior to the adoption, revision,
or amendment of this Ordinance, but as a result of the adoption, revision, or amendment of this Ordinance
no longer comply with the current provisions of this Ordinance.
Nursing Care Facilities. A facility that offers any of the following types of care or services and including,
but not limited to, facilities regulated by the State Department of Public Health and Safety:
Assisted Living Facility. Residences for the elderly that provide rooms, meals, personal care, and
supervision of self-administered medication and may provide other services such as recreational
activities, financial services, and transportation.
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Extended Care Facility. A long-term facility or distinct part of a facility licensed or approved as a
nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
Intermediate Care Facility. A facility that provides, on a regular basis, personal care, including
dressing and eating and health-related care and services, to individuals who require such assistance
but who do not require the degree of care and treatment that a hospital or skilled nursing facility
provides, such as convalescent services or sanatorium.
Long-Term Care Facility. An institution or a distinct part of an institution that is licensed or
approved to provide health care under medical supervision for 24 or more consecutive hours to two
or more patients who are not related to the governing authority or its member by marriage, blood, or
adoption.
Other Similar Care Facilities. Including family care homes, group homes, intermediate care
facilities for persons with mental retardation; neighborhood group homes; family care homes; and
rest residential facilities or hospice facilities.
Off-Street Parking Space - An off-street parking space is a permanently-reserved, temporary storage area
for one motor vehicle that is not located on, but is directly accessible to, a dedicated street right-of-way by
a paved driveway which affords ingress and egress for a motor vehicle without requiring another motor
vehicle to be moved.
Office. A room or group of rooms used for conducting the affairs of a business, profession, service,
industry, or government and generally furnished with desks, tables, files, and communications equipment.
Open Space. Land area to be left undeveloped as part of a natural resource preservation, recreation,
buffers or other open space provision of this Ordinance. Open space excludes areas in lots, street rightsof-
way, or parking.
Overlay Zone. A set of additional requirements or conditions that may be superimposed over a zoning
district.
Permit, Building. A license or certificate issued by the Town of Camden or its designated Agent for the
construction of any building, structure or addition to an existing building or structure.
Permit, Demolition. A license or certificate issued by the Town of Camden or its designated Agent for the
dismantling or razing of any building, structure or any portion of an existing building or structure.
Permit, Excavation or Grading. A license or certificate issued by the Town of Camden or its designated
Agent for any earth moving activities that alter the existing contours of any property or portion thereof or
cause the removal of existing top soil, even if temporarily.
Permit, Occupancy. Sometimes called "Use and Occupancy Permit." A license or certificate issued by
the Town of Camden or its designated Agent for the occupancy or use of land or any building or structure.
Permit, Zoning. A license or certificate issued by the Town of Camden or its designated Agent to insure
the use and area and bulk standards are in compliance with municipal regulations.
Art. VIII. Definitions and Word Use
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Phase. An area or tract which is part of a proposed development which will be constructed according to a
timetable for development over a pre-approved period of years, included by the applicant in the subdivision
and/or land development plan.
Place of Worship. A building or structure, or groups of buildings or structures, that by design and
construction are primarily intended for conducting organized religious services and associated accessory
uses.
Plat, Record. Final drawing and documents for an approved development plan to be. used for recordation
at the Recorder of Deeds.
Premises. A lot, parcel, tract, or plot of land together with the buildings and structures on them.
Public Building. A building, owned or leased, occupied and used by an agency or political subdivision of
the Federal, State, County, or municipal government.
Public Safety Facility. A building or structure used for the provision of public safety services, such as fire
protection, emergency medical service, and rescue operations.
Public Utility Service. The generation, transmission, and/or distribution of electricity, gas, steam,
communications, and water; the collection and treatment of sewage and solid waste; and the provision of
mass transit to the public.
Public Utility Service Facility. Any use or structure associated with the provision of utility
services.
Public Utility Service Lines. The system of lines, pipes, wires, or tracks that distributes, transmits,
or provides a utility service. This includes equipment that is incidental and necessary to the lines
and that is located on the lines.
Public Water and Sewer Systems. Any system, other than an individual septic tank, tile field, or
individual well, that is operated by the municipality, a governmental agency, a public utility, or a private
individual or corporation approved by the municipality and licensed by the appropriate State agency, for
the collection, treatment, and disposal of wastes and the furnishing of potable water.
Ready-Mix. See "Concrete."
Recharge Area or Areas. The recharge water resource protection areas are designed as having the best
potential for groundwater recharge. They were delineated using methodology described in a report
prepared by the Delaware Geological Survey entitled, "Ground-Water Recharge Potential Mapping in Kent
and Sussex Counties, Delaware" and a recent DGS Hydrologic Map publication: Hydrologic Map 11,
covering Kent County.
Recorder of Deeds. The Recorder of Deeds for Kent County, Delaware.
Recreation Facility. A place designed and equipped for the conduct of sports and leisure-time activities.
Recreation Facility, Commercial. A recreation facility operated as a business and open to the
public for a fee.
Art. VIII. Definitions and Word Use
103
Recreation Facility, Personal. A recreation facility provided as an accessory use on the same lot
as the principal permitted use and designed to be used primarily by the occupants of the principal
use and their guests.
Recreation Facility, Public. A recreation facility open to the general public.
Redevelopment. The removal and replacement, rehabilitation, or adaptive reuse of an existing structure or
structures, or of land from which previous improvements have been removed.
Restaurant. Establishments where food and drink are prepared, served, and sold primarily for
consumption within the principal building.
Restaurant, Drive-through/Take-out. Establishments where food and/or beverages are sold in a form
ready for consumption, where all or a significant portion of the consumption takes place or is designed to
take place outside of the confines of the restaurant, and where ordering and pickup of food may take place
from an automobile.
Retail Food Establishments. Establishments engaged in selling goods or merchandise to the general
public specifically relating to food, but not selling food for consumption on the premises.
Retail Food Establishment, Mobile. A vehicle, usually a van, truck, towed trailer, or pushcart from which
food and beverages are sold.
Retail Sales. Establishments engaged in selling goods or merchandise to the general public for personal or
household consumption and rendering services incidental to the sale of such goods. Characteristics of such
uses include:
usually a business place engaged in activity to attract the general public to buy.
buys and receives as well as sells merchandise.
may process or manufacture some of its products-a jeweler or a bakery but processing is
secondary to principal use. - generally sells to customers for personal or household use.
Resubdivision. Any change in a map of an approved or recorded subdivision plat that affects any street
layout on an area reserved for public use or any lot line or that affects any map, plan, or plat recorded prior
to the adoption of any regulations controlling subdivision; includes the consolidation of parcels.
Sanatorium. See Nursing & Similar Care Facilities.
Sediment. Solid material, both mineral and organic, that is in suspension, is being transported, or has been
moved from its site of origin by water.
Sediment, Erosion Control and Stormwater Management Plans. Structures and designs for the control
of soil erosion, sedimentation, stormwater quantity, and water quality impacts which may result from any
land disturbing activity. Regulated and approved by the Kent Conservation District.
Art. VIII. Definitions and Word Use
104
Self-Storage Facility. Also called "mini-storage ". A structure containing separate, individual, and private
storage spaces of varying sizes leased or rented on individual leases for varying amounts of time. It may be
supported by a small office and is usually fenced for security purposes.
Services, Personal. Establishments primarily engaged in providing services involving the care of a
person or his or her personal goods or apparel.
Services, Retail. Establishments providing services or entertainment, as opposed to products, to the
general public for personal or household use, ,.
Setback Line. The line that is the required minimum distance from any lot line and that establishes the
area within which the principal structure must be placed. See Figure 240-1 and see also Yard.
Shopping Center. A group of commercial establishments planned, constructed and managed as a total
entity with a unified plan for the provision of customer and employee parking, provisions for goods
delivery separated from customer access and aesthetic considerations. For the purposes of this Ordinance,
the term shall also apply to a Regional Center, where there is a depth of retail goods and services
comparable to a central business district, generally anchored by one or two anchor tenants, and to a Super
Regional Center, which is larger and contains at least three full-line department stores as its anchors.
Sign. Any devices on which lettered, figured or pictorial matter is displayed for the purposes of visually
bringing the subjects to which it is appealing to the attention of the public while viewing the same from
outdoors. National, state or municipal flags displayed by a governmental agency or otherwise displayed for
patriotic purposes, or any flag or banner of and displayed by any civic, charitable, religious, patriotic,
fraternal, or similar organization is not considered a sign. Any lighting used to delineate any part of a
building except any temporary lighting displayed as a part of holiday decorations, shall be deemed to be
sign display.
Sign, Abandoned. A sign which has not identified or advertised a current business, service, owner,
product, or activity for a period of at least 180 days, in the case of off-premises signs, or at least 360
days in the case of on-premises signs.
Sign, Changeable Copy. A sign or portion thereof on which the copy or symbols change either
automatically through electrical or electronic means, or manually through placement of letters or
symbols on a panel mounted in or on a track system. The two types of changeable-copy signs are
manual changeable copy signs and electronic changeable copy signs, which include: message center
signs, digital displays, and Tri-Vision Boards.
Sign, Digital Display: The portion of a sign message made up of internally illuminated components
capable of changing the message periodically. Digital displays may include but are not limited to
LCD, LED, or plasma displays.
Sign, Free-standing:
Art. VIII. Definitions and Word Use
105
Billboard - Sign elevated above sightline level, fixed in position and mounted on one or
more pylons or poles, used as rented or leased space for general advertising of entities not
located on the same property as the sign.
Ground - Sign set at or below sightline level, fixed in position and part of a base with a
permanent foundation that is equal or wider than the sign itself, for providing an identifying
name at an entrance, or on a lot. Such signs shall have the longer dimension oriented
horizontal and the shorter dimension oriented vertical.
Portable - Sign set at or below sightline level, set on the ground or staked into the ground
with posts, for providing tenant or occupant listing. Often an A-shape.
Pylon - Sign elevated above sightline level, fixed in position and mounted on one or two
pylons, for providing tenant or occupant listing for a shopping center, office park or other
jointly used development. The support structure is narrower than the sign itself.
Sign, Message Center: A type of illuminated, changeable copy sign that consists of electronically
changing alphanumeric text often used for gas price display signs and athletic scoreboards.
Sign, Projecting: A building-mounted, double-sided sign with the two faces generally
perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee.
Sign, Roof Sign. A building-mounted sign erected upon, against, or over the roof of a building.
Sign, Temporary. A sign that is not permanently fixed in place and is erected for a time limit not
to exceed six (6) months.
Sign, Vehicular. A sign affixed to a vehicle in such a manner that the sign is used primarily as a
stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to
the vehicle's primary purpose.
Sign, Wall-mounted. A sign, fixed or painted upon the wall of the building that provides tenant or
occupant listing for that specific building. A wall-mounted sign may not extend beyond the ends of
the wall on which it is located.
Sign Area. The entire area that encloses the physical limits of the message or copy area. It does not
include the structure supporting the sign. Only one side of a double sided or A-shaped sign shall be used in
area calculations.
Significant Features/Other Significant Features. Recognized or delineated areas, including but not
limited to: Environmentally sensitive areas, roads, viewsheds, historical or archaeological significant areas
or structures, or any other site, area or feature that provides a unique character.
Site Plan. See "Development Plan."
Art. VIII. Definitions and Word Use
106
Solar Energy System - Any solar collector or other solar energy device or any structural design feature
mounted on a building or on the ground, whose primary purpose is to provide for the collection, storage,
and distribution of solar energy for space heating or cooling, for water heating, or for electricity.
Stabilization. The prevention of soil erosion by surface runoff or wind through the establishment of a soil
cover through the implementation of vegetative or structural measures. Examples include, but are not
limited to, straw mulch with temporary or permanent vegetation, wood chips, and stone or gravel ground
cover.
State. The State of Delaware.
Stormwater Management. Structural or non-structural methods by which stormwater runoff is reduced in
both volume and flowrate from a development site. These methods shall be in accordance with
DNREC regulations.
Story. That portion of a building included between the surface of any floor and the surface of the floor
next above it, or if there is no floor above it, then the space between such floor and the ceiling next above
it. A basement shall be counted as a story for the purpose of height measurement if its ceiling is over 5 feet
above the level from which the height of the building is measured or if it is used for business purposed
other than storage.
Story, Half. A partial story under a gable, hip, or gambrel floor, the wallplates of which on at least 2
opposite sides are not more than 2 feet above the floor of each story.
Street. Any vehicular way that: (1) is an existing State, County or Municipal roadway; (2) is shown upon
an approved plat; (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded
in the Office of the County Recorder of Deeds prior to the appointment of the Planning Commission and
the grant of power to review plats. A street includes the land between the right-of-way lines, whether
improved or unimproved. All streets constructed in the Town of Camden following the adoption of this
Ordinance shall be constructed to De1DOT standards and inspected during construction.
Street, Access. A street designed to provide vehicular access to abutting property and to discourage
through traffic.
Street, Alley. A service roadway providing a secondary means of public access to abutting
property and not intended for general traffic circulation, or for use as primary access to any parcel
or lot.
Street, Centerline of. The center line of any street shown on any official Municipal, County, or
State records.
Street, Collector. A street that collects traffic from local streets and connects with minor and
major arterials.
Street, Cul-de-Sac. A street with a single common ingress and egress with a turnaround at the end.
Street, Dead-End. A street with a single common ingress and egress.
Art. VIII. Definitions and Word Use
107
Street Frontage. See Frontage.
Street Line. The line between a lot, tract, or parcel of land and an adjacent street.
Street, Private. A street, built to De1DOT standards and inspected by Town of Camden during
construction that has not been accepted by the Town or the State, and which is wholly maintained
by the property owner or through a Homeowners Association (HOA) agreement, and which shall be
approved by the Town Council as part of a subdivision or land development process.
Street, Service. A street running parallel to a freeway or an expressway that serves abutting
properties, but restricts access to the freeway or expressway.
Structure. A combination of materials to form a construction for use, occupancy, or ornamentation
whether installed on, above, or below the surface of land or water. See also "Building. "
Subdivider. Any individual, firm, partnership association, corporation, estate, trust, or any other group or
combination acting as a unit that subdivides or proposes to subdivide land as defined in this Ordinance.
This also includes agents of subdividers.
Subdivision. Subdivision includes the following:
The division of any tract or parcel of land into 2 or more plots, parcels, units, lots,
condominiums, tracts, sites, or interests for the purpose, of offer, sale, lease, development,
whether immediate or future; either on an installments plan or upon any other plans, terms,
or conditions; or for any other purpose.
The division or partition of land or involving the opening, widening, or extension of any
streets or access easements and the extension of any electrical, sewer, water or any other
utility line.
The assemblage or consolidation, of tracts, parcels, lots or sites, resubdivision, and
condominium creation or conversion.
Supermarket. A retail establishment primarily selling food and other convenience and household goods.
They may contain an in-house pharmacy, bank, photo processing, florist or eat-in area, but not a restaurant.
Surgical Center. A facility where outpatients come for simple surgical procedures and are not lodged
overnight.
Swimming Pool, Private. A water-filled enclosure, permanently constructed or portable, having a depth
of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of
more than 30 inches designed, used, and maintained for swimming and bathing. All fencing requirements
contained in the most recent Building Code, as amended and adopted by the County, shall apply.
Townhouse. See Dwelling, Townhouse.
Traffic Noise Sensitive Land Use. Lands on which community members carry out their day-to-day
activities of life, where traffic noise is considered undesirable.
Trailer. See Dwelling, Mobile Home or Dwelling, Manufactured Home.
Art. VIII. Definitions and Word Use
108
Unbuildable. For purposes of this Ordinance, an approved record plan for a subdivision or land
development shall be deemed unbuildable if, immediately prior to the adoption of this Chapter, such plan
did not comply with all applicable laws, including zoning and subdivision regulations, and no longer fell
within any period of protection under former Code provisions, so that a valid building permit could not
have been issued for construction of development or improvements.
Use. The purpose or activity for which land or buildings are designed, arranged, or intended or for which
land or buildings are occupied or maintained.
Use, Accessory. A use of land or a building or portion thereof customarily incidental and
subordinate to the principal use of the land or building and located on the same lot with the
principal use. A use is an accessory use if it meets all of the following criteria:
(a)
is incidental and subordinate to the principal use;
(b)
is customary to the principal use;
(c)
is operated and maintained under the same ownership and on the same lot as the
principal use;
(d)
does not include structures or structural features inconsistent with the principal use;
and
(e)
does not include overnight lodging for anyone other than members of the household
in which the accessory use is conducted.
Use, Principal. The primary or predominant use of any lot or parcel.
Use, Temporary. A use established for a limited duration with the intent to discontinue such use upon the
expiration of the time period.
Variance. Permission to depart from the literal requirements of this Ordinance, as granted by the Board of
Adjustment in accordance with this Chapter.
Warehouse. A building used primarily for the storage of goods and materials. Not to be used for the sale
of goods and materials. Not to be confused with "mini" or "self-storage ".
Wellhead Protection Area. Surface and subsurface areas surrounding public water supply wells or
wellfields where the quantity or quality of groundwater moving toward such wells or wellfields may be
adversely affected by land use activity. (See Camden Ordinance #2008-O-02)
Wetland. Those areas inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions; or areas that are defined and delineated in accordance with the
"Federal Manual for Identifying and Delineating Jurisdictional Wetlands", dated January 10, 1989, and as
may be amended from time to time; or as further defined and delineated by the U.S. Army Corps of
Art. VIII. Definitions and Word Use
109
Engineers (ACOE), the U.S. Environmental Protection Agency (EPA), or the Delaware Department of
Natural Resources and Environmental Control (DNREC).
Wildlife Habitat. A community of plants that provide food, moisture or water, cover, nesting and foraging
or feeding conditions necessary to maintain populations of wild animals.
Wholesale Trade. Establishments or places of business primarily engaged in selling merchandise to
retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or
acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or
companies.
Yard. An open space that lies between the principal building or buildings and the nearest lot line. See
Figure 240-land see also Lot.
Yard, Front. A space extending the full width of the lot between any building and the front lot line
or street front and measured perpendicular to the building to the closest point of the front lot line.
Yard, Rear. A space extending across the full width of the lot between the principal building and
the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
Yard, Side. A space extending from the front yard to the rear yard between the principal building
and the side lot line and measured perpendicular from the side lot line to the closest point of the
principal building.
Zoning, Certificate of Compliance. Required to insure that buildings and structures and their proposed
uses comply with the provisions of this Ordinance. May also be called a `Zoning Certificate'.
Zoning District. A specifically delineated area in the municipality within which uniform regulations and
requirements govern the use, placement, spacing, and size of land and buildings.
Zoning Map. The map showing the location and boundaries of the zoning districts established by this
Ordinance. This map is entitled, "Town of Camden Zoning District Map."
Zoning Permit. A written permit issued by the municipality or its designated agent prior to the issuance of
a Building Permit, which certifies that the proposed use of the land will be in compliance with this
Ordinance.