Town of Cumberland, ME Article II Zoning Districts

§ 315-5 Zoning Map; division of Town into districts.

[Amended 9-10-2012; 4-14-2014; 2-11-2016; 4-11-2016; 7-24-2017; 11-22-2017]

The Zoning Map officially titled "Cumberland Zoning Map" dated June 13, 1984, and amended on June 12, 1985, February 9, 1987, May 15, 1989, December 28, 1989, March 11, 1991, December 10, 1991, January 25, 1999, July 10, 2000, and October 22, 2007, and on file in the office of the Town Clerk and filed with the Cumberland County Registry of Deeds, is hereby adopted as part of this chapter. Regardless of the existence of other printed copies of the Zoning Map, said Zoning Map on file and as officially adopted by the Cumberland Town Council shall be the final authority as to the location of zoning districts in the Town; provided, however, that notwithstanding said Zoning Map, the entire surface area of Basket Island is contained within the Resource Protection District. The Town of Cumberland Zoning Map divides the Town into the following districts:

Rural Residential District 1	RR1
Rural Residential District 2	RR2
Low-Density Residential District	LDR
Medium-Density Residential District	MDR
Village Medium-Density Residential District	VMDR
Island Residential District	IR
Highway Commercial District	HC
Office Commercial North District	OC-N
Office Commercial South District	OC-S
Village Center Commercial District	VCC
Village Office Commercial I District	VOC I
Village Office Commercial II District	VOC II
Mixed-Use Zone	MUZ
Village Mixed-Use Zone	V-MUZ
Industrial District	I
Rural Industrial District	RI
Town Center District	TCD
Setback Overlay Districts
Mobile Home Park Overlay District	MHP
Fairgrounds Overlay District
Recreational Overlay Districts
Val Halla Golf and Recreation Center Overlay District
West Cumberland Recreational Facility Overlay District
Route 100 Corridor Residential Overlay District
West Cumberland Housing Overlay District
Village Center Commercial (YCC) Multiplex Overlay District
Office Commercial (South) Retail, Restaurant, Multiplex Dwelling, Mixed-Use Overlay District
Senior Housing Community Overlay District	SHC

§ 315-6 Rural Residential Districts (RR1 and RR2).

The RR Districts primarily allow agriculture, low-density residential and other low-density uses with the intent of maintaining significant amounts of open space and a generally rural character.

A. Rural Residential District 1 (RR1). The RR1 District requires larger minimum lot sizes than does the RR2 District on the basis of the results of the Community Groundwater Study, Cumberland, Maine, March 1989.

(1) The following uses are permitted in the RR1 District:

(a) Single-family detached dwellings.

(b) Duplex dwellings.

(c) Multiplex dwellings, subject to the provisions of § 315-44.

(d) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection A(1)(d) through (y), (z), and (aa) through (cc) as Subsection A(1)(e) through (z), (aa), and (bb) through (dd), respectively.

(e) Agriculture.

(f) Animal husbandry on a site greater than three acres.

(g) Timber harvesting, subject to the provisions of § 315-68.

(h) Manufactured housing and mobile homes in the Mobile Home Park Overlay Zones as delineated on the Official Town Zoning Map.

[Amended 9-10-2012]

(i) Private airport, personal use, subject to site plan review and to the provisions of § 315-58.

(j) Private heliport, personal use, subject to site plan review and to the provisions of § 315-58.

(k) Sewer pumping stations, subject to the provisions of § 315-59D.

(l) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(m) Animal husbandry on a site of three acres or less.

(n) Cemeteries, subject to site plan review.

(o) Religious institutions, subject to site plan review.

(p) Private schools, subject to site plan review.

(q) Residential care facilities (see § 315-71).

(r) Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.

[Amended 9-13-2021]

(s) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(t) Boarding kennels, subject to site plan review.

(u) Private kennels.

(v) Riding stables and schools, subject to site plan review.

(w) Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.

(x) Outdoor recreational facility, subject to site plan review.

(y) Aboveground utility lines not located within public ways.

(z) Municipal uses and buildings, subject to site plan review.

(aa) Accessory structures of public utilities, subject to site plan review.

(bb) Veterinary office.

(cc) Farm-based retail.

(dd) Uses and buildings accessory to those above.

(ee) Farm-based specialty events, subject to the provisions of § 315-49.1.

[Added 11-13-2017]

(ff) Agritourism.

[Added 7-10-2023]

(2) The following uses are allowed as special exceptions in the RR1 District, requiring the approval of the Board of Adjustment and Appeals:

(a) Home occupations.

(b) Home-based occupations.

(c) Temporary sawmills, subject to the provisions of § 315-66.

(d) Uses and buildings accessory to those above.

(3) The following lot standards apply in the RR1 District:

(a) Minimum lot size of four acres, except that the minimum lot size shall be two acres for a lot served by sewer.

(b) In the case of duplex or multiplex development, there shall be no less than 2.5 acres of lot area per dwelling unit, except that the minimum lot area per dwelling unit for a lot served by sewer shall be one acre.

(c) There shall be no less than 200 feet of lot frontage.

(4) The following minimum setbacks are required in the RR1 District, except that sheds and driveways are permitted to a minimum setback of 15 feet from the side and rear lot lines:

(a) Front: 50 feet.

(b) Rear: 75 feet.

(c) Side: 30 feet; combined width at least 75 feet.

(5) Notwithstanding the provisions of Subsection A(3), the owners of large parcels located in the RR1 District may create development lots that do not meet the minimum lot size requirement set forth in Subsection A(3), provided that all of the following standards are met:

(a) The parcel from which the new development lot will be created shall have no less than 25 contiguous acres in the same ownership as of April 12, 1999. Parcels on the opposite sides of a Town road or way shall not be considered contiguous for purposes of this subsection.

(b) The creation of the new development lot does not result in the creation of a subdivision as defined in 30-A M.R.S.A. § 4401 and does not require an amendment to an existing subdivision plan recorded in the Cumberland County Registry of Deeds.

(c) A development lot shall be at least two acres in size, unless served by public sewer, in which case the development lot shall be at least one acre in size.

(d) The creator of the development lot must create an easement parcel somewhere on the large contiguous parcel to create the development lot. The easement parcel shall be no smaller than the minimum amount of land necessary to meet the minimum lot size required by Subsection A(3) when added to the land area of the development lot.

(e) An easement parcel must meet one or more of the following standards:

[1] The parcel is active farmland; for purposes of this subsection only, "active farmland" is defined as hay fields, pasture, row crops, and orchards.

[2] The parcel preserves an area with an active trail that can be used by the general public (as shown on the Greenbelt Plan or is an obvious well-used trail).

[3] The parcel provides a connection to an existing trail system that can be used by the general public.

[4] The parcel preserves a high-value wetland, wildlife habitat, or stream, all as determined by the Maine Department of Inland Fisheries and Wildlife.

[5] The parcel provides access to a water body.

[6] The parcel includes land included in the Resource Protection District or the Stream Protection District.

[7] The parcel buffers a piece of land owned by the Town.

[8] There are no existing structures on the proposed easement parcel, except for nonresidential structures that are necessary to an agricultural or forestry use.

(f) The creator of the easement parcel shall restrict the easement parcel so that it cannot be used for development or construction of any type other than nonresidential structures that are accessory to agricultural or forestry use. In addition, the easement parcel may not be used for density calculations for or any development purpose other than those provided herein for the development lot. Any paving of the easement parcel shall be restricted either to that necessary for support of agricultural or forestry uses or to trails. The deed creating the easement parcel shall state that it is perpetual and it is created to benefit the development lot and shall include both the purposes to which the parcel is limited and the development restrictions required by this chapter. The deed creating the easement parcel shall explicitly reference the deed for the development lot, and the deed creating the development lot shall explicitly reference the easement parcel. The creator of the easement parcel may hold the easement, or the creator may transfer the easement to the Town, to a qualified land trust, or to some other person or legal entity that will operate the easement parcel for agricultural or forestry purposes. The creator of the easement parcel may retain ownership of the fee interest in the easement parcel or may transfer it subject to the provisions of the easement. The owner of the development parcel does not have to own the easement parcel or be the holder of the easement. The creator of the easement parcel will provide copies of the proposed deeds to the easement parcel and the development lot to the Town for approval by the Town Manager and the Town Attorney prior to the sale of the development lot and will also provide evidence that the proposed holder of the easement has agreed to accept the easement. In no event shall any building permit be issued for a development lot until the applicant can demonstrate compliance with these provisions through the provision of copies of deeds recorded in the Cumberland County Registry of Deeds.

(g) Development lots shall not have frontage on the following roads: Tuttle Road, Blanchard Road, Greely Road, Greely Road Extension, Range Road, Longwoods Road and Orchard Road. New development lots shall be subject to the backlot provisions of § 315-40 of this chapter.

B. Rural Residential District 2 (RR2). The RR2 District requires a lesser minimum lot size than does the RR1 District on the basis of the results of the Community Groundwater Study, Cumberland, Maine, March 1989.

(1) The following uses are permitted in the RR2 District:

(a) Single-family detached dwellings.

(b) Duplex dwellings.

(c) Multiplex dwellings, subject to the provisions of § 315-44.

(d) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[2]]

[2] Editor’s Note: This ordinance also redesignated former Subsection B(1)(d) through (y), (z), (aa) and (bb) as Subsection B(1)(e) through (z), (aa), (bb) and (cc), respectively.

(e) Agriculture.

(f) Animal husbandry on a site greater than three acres.

(g) Timber harvesting, subject to the provisions of § 315-68.

(h) Manufactured housing and mobile homes in Mobile Home Park Overlay Zones as delineated on the Official Town Zoning Map.

[Amended 9-10-2012]

(i) Private airport, personal use, subject to site plan review and to the provisions of § 315-58.

(j) Private heliport, personal use, subject to site plan review and to the provisions of § 315-58.

(k) Sewer pumping stations, subject to the provisions of § 315-59D.

(l) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(m) Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.

(n) Cemeteries, subject to site plan review.

(o) Religious institutions, subject to site plan review.

(p) Private schools, subject to site plan review.

(q) Boarding kennels, subject to site plan review.

(r) Private kennels.

(s) Riding stables and schools, subject to site plan review.

(t) Residential care facilities (see § 315-71).

(u) Day-care centers and nursery schools for no more than 20 children, subject to the provisions of § 315-47 and site plan review.

(v) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(w) Outdoor recreational facilities, subject to site plan review.

(x) Aboveground utility lines not located within public ways.

(y) Accessory structures of public utilities, subject to site plan review.

(z) Municipal uses and buildings, subject to site plan review.

(aa) Veterinary office.

(bb) Farm-based retail.

(cc) Uses and buildings accessory to those above.

(dd) Farm-based specialty events, subject to the provisions of § 315-49.1.

[Added 11-13-2017]

(ee) Agritourism.

[Added 7-10-2023]

(2) The following uses are allowed as special exceptions in the RR2 District, requiring the approval of the Board of Adjustment and Appeals:

(a) Home occupations.

(b) Home-based occupations.

(c) Temporary sawmills, subject to the provisions of § 315-66.

(d) Uses and buildings accessory to those above.

(3) The following lot standards apply in the RR2 District:

(a) Minimum lot size of two acres, whether or not the lot is served by sewer.

(b) In the case of duplex or multiplex development, there shall be no less than 1.25 acres of lot area per dwelling unit, except that the minimum lot area per dwelling unit for a lot served by sewer shall be one acre.

(c) There shall be no less than 200 feet of lot frontage.

(4) The following minimum setbacks are required in the RR2 District, except that sheds and driveways are permitted to a minimum setback of 15 feet from the side and rear lot lines:

(a) Front: 50 feet.

(b) Rear: 75 feet.

(c) Side: 30 feet; combined width at least 75 feet.

(5) Notwithstanding the provisions of Subsection B(3), the owners of large parcels located in the RR2 District may create development lots that do not meet the minimum lot size requirement set forth in Subsection B(3), provided that all of the following standards are met:

(a) The parcel from which the new development lot will be created shall have no less than 25 contiguous acres in the same ownership as of April 12, 1999. Parcels on the opposite sides of a Town road or way shall not be considered contiguous for purposes of this subsection.

(b) The creation of the new development lot does not result in the creation of a subdivision as defined in 30-A M.R.S.A. § 4401 and does not require an amendment to an existing subdivision plan recorded in the Cumberland County Registry of Deeds.

(c) A development lot shall be at least two acres in size, unless served by public sewer, in which case the development lot shall be at least one acre in size.

(d) The creator of the development lot must create an easement parcel somewhere on the large contiguous parcel to create the development lot. The easement parcel shall be no smaller than the minimum amount of land necessary to meet the minimum lot size required by Subsection B(3) when added to the land area of the development lot.

(e) An easement parcel must meet one or more of the following standards:

[1] The parcel is active farmland; for purposes of this subsection only, "active farmland" is defined as hay fields, pasture, row crops, and orchards.

[2] The parcel preserves an area with an active trail that can be used by the general public (as shown on the Greenbelt Plan or is an obvious well-used trail).

[3] The parcel provides a connection to an existing trail system that can be used by the general public.

[4] The parcel preserves a high-value wetland, wildlife habitat, or stream, all as determined by the Maine Department of Inland Fisheries and Wildlife.

[5] The parcel provides access to a water body.

[6] The parcel includes land included in the Resource Protection District or the Stream Protection District.

[7] The parcel buffers a piece of land owned by the Town.

[8] There are no existing structures on the proposed easement parcel, except for nonresidential structures that are necessary to an agricultural or forestry use.

(f) The creator of the easement parcel shall restrict the easement parcel so that it cannot be used for development or construction of any type other than nonresidential structures that are accessory to agricultural or forestry use. In addition, the easement parcel may not be used for density calculations for or any development purpose other than those provided herein for the development lot. Any paving of the easement parcel shall be restricted either to that necessary for support of agricultural or forestry uses or to trails. The deed creating the easement parcel shall state that it is perpetual and it is created to benefit the development lot and shall include both the purposes to which the parcel is limited and the development restrictions required by this chapter. The deed creating the easement parcel shall explicitly reference the deed for the development lot, and the deed creating the development lot shall explicitly reference the easement parcel. The creator of the easement parcel may hold the easement, or the creator may transfer the easement to the Town, to a qualified land trust, or to some other person or legal entity that will operate the easement parcel for agricultural or forestry purposes. The creator of the easement parcel may retain ownership of the fee interest in the easement parcel or may transfer it subject to the provisions of the easement. The owner of the development parcel does not have to own the easement parcel or be the holder of the easement. The creator of the easement parcel will provide copies of the proposed deeds to the easement parcel and the development lot to the Town for approval by the Town Manager and the Town Attorney prior to the sale of the development lot and will also provide evidence that the proposed holder of the easement has agreed to accept the easement. In no event shall any building permit be issued for a development lot until the applicant can demonstrate compliance with these provisions through the provision of copies of deeds recorded in the Cumberland County Registry of Deeds.

(g) Development lots shall not have frontage on the following roads: Tuttle Road, Blanchard Road, Greely Road, Greely Road Extension, Range Road, Longwoods Road and Orchard Road. New development lots shall be subject to the backlot provisions § 315-40 of this chapter.

§ 315-7 Low-Density Residential District (LDR).

A. The following uses are permitted in the LDR District:

(1) Single-family detached dwellings.

(2) Duplex dwellings.

(3) Multiplex dwellings, subject to the provisions of § 315-44.

(4) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection A(4) through (19) as Subsection A(5) through (20), respectively.

(5) Agriculture.

(6) Timber harvesting, subject to the provisions of § 315-68.

(7) Sewer pumping stations, subject to the provisions of § 315-59D.

(8) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(9) Cemeteries, subject to site plan review.

(10) Religious institutions, subject to site plan review.

(11) Private schools, subject to site plan review.

(12) Residential care facilities (see § 315-71).

(13) Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.

[Amended 9-13-2021]

(14) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(15) Aboveground utility lines not located within public ways.

(16) Municipal uses and buildings, subject to site plan review.

(17) Riding stables and schools, subject to site plan review.

(18) Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.

(19) Accessory structures of public utilities, subject to site plan review.

(20) Uses and buildings accessory to those above.

B. The following uses are allowed as special exceptions in the LDR District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Temporary sawmills, subject to the provisions of § 315-66.

(4) Uses and buildings accessory to those above.

C. The following lot standards apply in the LDR District:

(1) Minimum lot size of two acres, except that the minimum lot size for lots served by sewer shall be 1.5 acres.

(2) In the case of duplex or multiplex developments, there shall be no less than 1.25 acres of lot area per dwelling unit, except that the minimum lot area per dwelling unit for a lot served by sewer shall be 0.75 acre.

(3) There shall be no less than 150 feet of lot frontage.

D. The following minimum setbacks are required for all structures in the LDR District, except that sheds and driveways are permitted to a minimum setback of 15 feet from the side and rear lot lines:

(1) Front: 50 feet.

(2) Rear: 65 feet.

(3) Side: 30 feet; combined width at least 65 feet.

E. Multiplex development on any lot with frontage on Route 1 is required to be consistent with the Route 1 Design Standards.

[Added 5-8-2023]

§ 315-8 Medium-Density Residential District (MDR).

A. The following uses are permitted in the MDR District:

(1) Single-family detached dwellings.

(2) Duplex dwellings, so long as each such dwelling is connected to sewer facilities.

(3) Multiplex dwellings, so long as each such dwelling is connected to sewer facilities, and provided that multiplex dwellings are subject to the provisions of § 315-44.

(4) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection A(4) through (18) as Subsection A(5) through (19), respectively.

(5) Timber harvesting, subject to the provisions of § 315-68.

(6) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(7) Agriculture.

(8) Cemeteries, subject to site plan review.

(9) Religious institutions, subject to site plan review.

(10) Private schools, subject to site plan review.

(11) Residential care facilities (see § 315-71).

(12) Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.

[Amended 9-13-2021]

(13) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(14) Sewer pumping stations, subject to the provisions of § 315-59D.

(15) Aboveground utility lines not located within public ways.

(16) Accessory structures of public utilities, subject to site plan review.

(17) Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.

(18) Municipal uses and buildings, subject to site plan review.

(19) Uses and buildings accessory to those above.

(20) Farm-based specialty events, subject to the provisions of § 315-49.1.

[Added 11-13-2017]

B. The following uses are allowed as special exceptions in the MDR District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Uses and buildings accessory to those above.

C. The following lot standards shall apply within the MDR District:

(1) Minimum lot size of two acres, except that the minimum lot size for lots served by sewer shall be one acre.

(2) In the case of duplex or multiplex developments, the minimum lot area per dwelling unit for a lot served by sewer shall be 0.5 acre.

(3) There shall be no less than 150 feet of lot frontage.

D. The following minimum setbacks are required for all structures in the MDR District, except that sheds and driveways are permitted to a minimum setback of 15 feet from the side and rear lot lines:

(1) Front: 35 feet.

(2) Rear: 50 feet.

(3) Side: 20 feet; combined width at least 50 feet.

§ 315-9 Village Medium-Density Residential District (VMDR).

The purpose of the VMDR Zone is to provide an area for medium-density residential use with reduced lot standards to enable the development of affordable housing.

A. The following uses are permitted in the VMDR District:

(1) Single-family detached dwellings.

(2) Duplex dwellings.

(3) Multiplex dwellings.

(4) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection A(4) through (16) as Subsection A(5) through (17), respectively.

(5) Bed-and-breakfasts and inns.

(6) Municipal uses and buildings.

(7) Sewer pumping stations, subject to the provisions of § 315-59D.

(8) Religious institutions, subject to site plan review.

(9) Private schools, subject to site plan review.

(10) Residential care facilities (see § 315-71).

(11) Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.

[Amended 9-13-2021]

(12) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(13) Timber harvesting, subject to the provisions of § 315-68.

(14) Aboveground utility lines not located within public ways.

(15) Accessory structures of public utilities, subject to site plan review.

(16) Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.

(17) Uses and buildings accessory to those above.

B. The following uses are allowed as special exceptions in the VMDR District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Home-based retail.

(4) Uses and buildings accessory to those above.

C. The following lot standards shall apply within the VMDR District:

(1) Lot size of 20,000 square feet.

(2) In the case of duplex or multiplex developments, the minimum lot area per dwelling unit shall be 20,000 square feet.

(3) There shall be no less than 100 feet of lot frontage.

D. The following minimum setbacks are required for all structures in the VMDR District, except that sheds and driveways are permitted to a minimum setback of 15 feet from the side and rear lot lines:

(1) Front: 25 feet.

(2) Rear: 25 feet.

(3) Side: 15 feet; combined width at least 35 feet.

§ 315-10 Island Residential District (IR).

A. The following uses are permitted in the IR District:

(1) Single-family detached dwellings.

(2) Duplex dwellings.

(3) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection A(3) through (21) as Subsection A(4) through (22), respectively.

(4) Agriculture.

(5) Uses related to commercial fishing, including storage and repair of traps, seines, boats and other equipment, the keeping and cooking of fish for sale at retail on the premises, and fish processing as a home occupation.

(6) Timber harvesting, subject to the provisions of § 315-68.

(7) Private heliport, personal use, subject to site plan review and to the provisions of § 315-58.

(8) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(9) Private kennels.

(10) Municipal buildings and uses, subject to site plan review.

(11) Accessory structures of public utilities, subject to site plan review.

(12) Cemeteries, subject to site plan review.

(13) Private clubs, subject to site plan review.

(14) Religious institutions, subject to site plan review.

(15) Boat building, storage, or marina, subject to site plan review.

(16) Private schools, subject to site plan review.

(17) Boarding kennels, subject to site plan review.

(18) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(19) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(20) Aboveground utility lines not located in a public way.

(21) Animal husbandry.

(22) Uses and buildings accessory to those above.

B. The following uses are allowed as special exceptions in the IR District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Temporary sawmill, subject to the provisions of § 315-66.

(4) Riding stable, subject to site plan review.

(5) Uses and buildings accessory to those above.

C. The following lot standards shall apply in the IR District:

[Amended 5-8-2023]

(1) Minimum lot size of 1.5 acres.

(2) The minimum lot area per dwelling unit shall be 0.94 acre.

(3) There shall be no less than 150 feet of lot frontage.

D. The following minimum setbacks are required for all structures in the IR District, except that sheds and driveways are permitted to a minimum setback of 15 feet from the side and rear lot lines:

[Amended 9-10-2012]

(1) Front: 55 feet.

(2) Rear: 65 feet.

(3) Side: 30 feet; combined width at least 65 feet.

§ 315-11 Highway Commercial District (HC).

The purpose of the HC District is to allow a wide range of business and professional uses that provide Town-wide service as well as roadside service for through traffic on major arterials. Site plan review and approval by the Planning Board are required, with the exception of single-family dwellings, bed-and-breakfasts with three or fewer guest bedrooms, and day-care homes.

A. The following uses are permitted in the HC District:

[Amended 7-23-2012]

(1) Single-family detached dwellings.

(2) Duplex dwellings.

(3) Multiplex dwellings.

(4) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: With the addition of this ordinance, former Subsection A(4) through (35) was redesignated as Subsection A(5) through (36), respectively.

(5) Business and professional offices.

(6) Cafe.

[Added 6-1-2015[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection A(6) through (36) as Subsection A(11) through (41), respectively.

(7) Catering.

[Added 6-1-2015]

(8) Commercial kitchens.

[Added 6-1-2015]

(9) Health and fitness studio.

[Added 6-1-2015]

(10) Outdoor seating area.

[Added 6-1-2015]

(11) Restaurants.

(12) Personal services.

(13) Private clubs.

(14) Lodging houses.

(15) Private schools.

(16) Landscaping services.

(17) Retail store.

(18) Gasoline station.

(19) Motor vehicle sales.

(20) Motor vehicle service/repair.

(21) Timber harvesting, subject to provisions of § 315-68.

(22) Hotels; motels.

(23) Buildings accessory to single-family dwellings.

(24) Telecommunication facilities, subject to site plan review and the provisions of § 315-72.

(25) Municipal uses and buildings.

(26) Agriculture.

(27) Animal husbandry.

(28) Private heliport, personal use, subject to site plan review and to the provisions of § 315-58.

(29) Sewer pumping stations, subject to the provisions of § 315-59D.

(30) Additions to and accessory structures to single-family dwellings existing as of the effective date of this amendment.[3]

[3] Editor's Note: This section was amended effective 12-13-1989, 8-10-1998, 1-25-1999, 10-22-2007 and 6-28-2010.

(31) Contractor's space.

(32) Warehousing and wholesale distribution related thereto, but exclusive of junkyards and salvaging operations.

(33) Transportation facilities.

(34) Light manufacturing, as defined.

(35) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(36) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(37) Boarding kennels.

(38) Aboveground utility transmission lines not located within public ways.

(39) Accessory structures of public utilities.

(40) Veterinary office.

(41) Uses and buildings accessory to those above.

B. The following uses are allowed as special exceptions in the HC District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Home-based retail.

(4) Day-care homes.

(5) Uses and buildings accessory to those above.

C. The following lot standards apply in the HC District:

[Amended 7-23-2012]

(1) Minimum lot size of 40,000 square feet, which allows for up to two principal uses.

(2) The minimum lot area per dwelling unit shall be 20,000 square feet.

[Amended 5-8-2023]

(3) There shall be no less than 150 feet of lot frontage on a public right-of-way.

D. The following setbacks are required for all structures in the HC District:

(1) Front: 50 feet.

(2) Rear: 65 feet.

(3) Side: 30 feet; combined width at least 65 feet.

§ 315-12 Office Commercial North District (OC-N).

The purpose of the OC-N District is to allow a limited range of employment-intensive commercial uses with low-intensity land use impacts, measured in terms of traffic generation, environmental effects, and building scale and site layout. The OC-N District is intended to allow higher-density residential development and commercial health and recreation facilities. Site plan review and approval by the Planning Board are required, with the exception of day-care homes and bed-and-breakfasts with three or fewer guest bedrooms. All development in this zone is encouraged to be consistent with the Route 1 Design Guidelines.[1]

A. The following uses are permitted within the OC-N District:

(1) Business and professional offices.

(2) Research facilities.

(3) Sewer pumping stations, subject to the provisions of § 315-59D.[2]

[2] Editor’s Note: Former Subsection A(3), regarding dispensaries, was repealed 11-26-2018. This ordinance also redesignated Subsection A(4) through (19) as A(3) through (18), respectively.

(4) Duplex or multiplex dwellings, subject to the following:

(a) The minimum lot size shall be 20,000 square feet per dwelling unit, except that for units constructed specifically for persons 55 years of age or older the minimum lot size shall be 10,000 square feet per dwelling unit.

(b) No more than 40% of a tract or parcel developed hereunder shall be required to be reserved as open space.

(c) All dwelling units shall be connected to the public water and sewer system.

(5) Commercial health and recreation facility.

(6) Timber harvesting, subject to the provisions of § 315-68.

(7) Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:

(a) The minimum lot size shall be four acres.

(b) All facilities shall be connected to the public water and sewer systems.

(c) The total gross area of all building footprints on the site shall not exceed 30,000 square feet for each four acres of lot area. Additional building footprints of 30,000 square feet shall be permitted for each additional land area increment of four acres.

(d) Buildings and parking lots shall cover not more than 25% of the lot.

(e) The parking requirement included in § 315-71 may be reduced upon a positive finding by the Board that the proposed use does not, in practice, require the amount stated in the standard.

(8) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(9) Contractor's space.

(10) Light manufacturing, as defined.

(11) Hotels and motels.

(12) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(13) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(14) Municipal uses and buildings.

(15) Accessory structures of public utilities.

(16) Aboveground utility transmission lines not located within public ways.

(17) Veterinary office.

(18) Uses and buildings accessory to those above.

B. The following uses are allowed as special exceptions in the OC-N District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Uses and buildings accessory to those above.

C. The following lot standards apply in the OC-N District:

(1) Minimum lot size of one acre, except that the minimum lot size per dwelling unit in a duplex or multiplex development under Subsection A(4) above shall be 20,000 square feet, except that for units constructed specifically for persons 55 years of age or older the minimum lot size shall be 10,000 square feet per dwelling unit.

(2) There shall be no less than 150 feet of lot frontage.

D. The following setbacks are required for all structures in the OC-N District:

(1) Front: 25 feet.

(2) Rear: 65 feet.

(3) Side: 20 feet.

[1] Editor's Note: The Route 1 Design Guidelines are included as an attachment to this chapter.

§ 315-13 Office Commercial South District (OC-S).

[Amended 4-28-2025; 11-24-2025]

The purpose of the OC-S District is to allow commercial, mixed-use, and high-density residential development. All commercial use development with lot frontage on Route 1 in this zone is encouraged to be consistent with the Route 1 Design Guidelines.[1] Site Plan Review (Chapter 229) and approval by the Planning Board are required, except for residential developments with four or fewer dwelling units, home day-care, and bed-and-breakfasts with three or fewer guest bedrooms.

A. The following uses are permitted within the OC-S District:

(1) Dwelling, detached.

(2) Dwelling, attached.

(3) Duplex dwellings.

(4) Multiplex dwellings, subject to the provisions of § 315-44.

(5) An accessory dwelling unit as permitted in § 315-45A.

(6) Business and professional offices.

(7) Restaurants.

(8) Cafes.

(9) Grocery Stores.

(10) Markets.

(11) Research facilities.

(12) Sewer pumping stations, subject to the provisions of § 315-59D.

(13) Commercial health and recreation facility.

(14) Timber harvesting, subject to the provisions of § 315-68.

(15) Residential care facilities, subject to the provisions of § 315-71, and Chapter 229, Site Plan Review.

(16) Antennas as defined in § 315-4, subject to Chapter 229 Site Plan Review and § 315-72.

(17) Contractor's space.

(18) Light manufacturing, as defined.

(19) Hotels and motels.

(20) Day-care centers and nursery schools, subject to the provisions of § 315-47 and Chapter 229 Site Plan Review.

(21) Day-care center, adult, for no more than 20 persons, subject to Chapter 229 Site Plan Review.

(22) Associated retail.

(23) Municipal uses and buildings.

(24) Accessory structures of public utilities.

(25) Aboveground utility transmission lines not located within public ways.

(26) Veterinary office.

(27) Mixed-use where the first floor is exclusively designated for commercial uses including restaurants, cafes, business and professional offices.

(28) Home occupations.

(29) Uses and buildings accessory to those above.

B. Lot standards.

(1) In a designated growth area and served by a public, special district or other centrally managed water system and by a public, special district or other comparable sewer system.

(a) The following lot standards apply for residential and commercial buildings:

[1] There shall be no less than 20 feet of lot frontage.

[2] Minimum lot size of 5,000 square feet.

[3] Minimum lot size per dwelling unit of 1,250 square feet for the first four dwelling units and 2,500 square feet for each subsequent dwelling unit.

(2) Outside a designated growth area and served by a public, special district or other centrally managed water system and by a public, special district or other comparable sewer system.

(a) The following lot standards apply for dwellings and commercial buildings:

[1] There shall be no less than 30 feet of lot frontage.

[2] Minimum lot size of 5,000 square feet.

[3] Minimum lot size per dwelling unit of 2,500 square feet for the first two dwelling units and 5,000 square feet for each subsequent dwelling unit.

(3) In a designated growth area and not served by a public, special district or other centrally managed water system and by a public, special district or other comparable sewer system.

(a) The following lot standards apply for dwellings and commercial buildings:

[1] There shall be no less than 50 feet of lot frontage.

[2] Minimum lot size of 20,000 square feet.

[3] Minimum lot size per dwelling unit of 5,000 square feet.

(4) Outside a designated growth area and not served by a public, special district or other centrally managed water system and by a public, special district or other comparable sewer system.

(a) The following lot standards apply for dwellings and commercial buildings:

[1] There shall be no less than 150 feet of lot frontage.

[2] Minimum lot size of two acres.

[3] Minimum lot size per dwelling unit of 20,000 square feet.

C. Setbacks.

(1) The following setbacks are required for detached dwellings and commercial buildings:

(a) Front: 15 feet.

(b) Rear: 15 feet.

(c) Side: nine feet.

(2) The following setbacks are required for attached dwellings and commercial buildings:

(a) Front: 15 feet.

(b) Rear: 15 feet.

(c) End unit side: nine feet.

(d) Common wall side: zero feet.

(3) If a commercial lot is adjacent to a residential lot, there shall be a ten-foot buffer established to provide adequate screening between the properties.

[1] Editor's Note: The Route 1 Design Guidelines are included as an attachment to this chapter.

§ 315-14 Village Center Commercial District (VCC).

[Amended 6-1-2015; 9-26-2022; 4-28-2025]

A. Purpose. The purpose of the Village Center Commercial District is to provide an area that allows for a mix of commercial uses such as retail sales, restaurants and business and professional offices. Pedestrian and bicycle travel will be safely provided through the use of sidewalks and bike lanes.

(1) All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]

[1] Editor's Note: The Route 100 Design Standards are included as an attachment to this chapter.

(2) There shall be a twenty-five-foot landscape buffer for any property with frontage on Route 100. The applicant shall either improve this landscape buffer with a sidewalk, trees, and other landscaping and street furniture, as approved by the Planning Board as part of site plan approval for the site, or shall, in the alternative, grant a landscape easement to the Town for the purpose of installation and maintenance of the required sidewalk and other streetscape improvements.

B. The following uses are permitted within the VCC District:

(1) Auto repair service garage.

(2) Business and professional offices, to include those with drive-through facilities.

(3) Cafe.

(4) Catering.

(5) Commercial kitchens.

(6) Health and fitness studio.

(7) Gasoline stations.

(8) Restaurants.

(9) Retail store (maximum footprint of 25,000 square feet).

(10) Outdoor seating area.

(11) Grocery stores (maximum footprint of 35,000 square feet).

(12) Veterinary office.

(13) Commercial health and recreation.

(14) Personal services.

(15) Landscaping services and retail.

(16) Motor vehicle sales.

(17) Research facilities.

(18) Sewer pumping stations, subject to the provisions of § 315-59D.

(19) Commercial health and recreation facility.

(20) Timber harvesting, subject to the provisions of § 315-68.

(21) Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:

(a) The total gross area of all building footprints on the site shall not exceed 30,000 square feet for each four acres of lot area. Additional building footprints of 30,000 square feet shall be permitted for each additional land area increment of four acres.

(b) The parking requirement included in § 315-71 may be reduced upon a positive finding by the Board that the proposed use does not, in practice, require the amount stated in the standard.

(22) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(23) Contractor's space.

(24) Light manufacturing, as defined.

(25) Hotels and inns.

(26) Warehousing and distribution (three-hundred-foot minimum setback restriction from Route 100).

(27) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(28) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(29) Accessory structures of public utilities.

(30) Aboveground utility transmission lines not located within public ways.

(31) Municipal uses.

(32) Aggregate processing less rock crushing on the westerly side of Route 100, and on the southerly side of Blackstrap Road, with a five-hundred-foot setback from Route 100.

(33) Construction operations on the westerly side of Route 100, and on the southerly side of Blackstrap Road, with a five-hundred-foot setback from Route 100.

(34) Mixed-use not to exceed 50% residential use as measured by square footage.

(35) Uses and buildings accessory to those above.

C. The following uses are allowed as special exceptions in the VCC District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Home-based retail.

(4) Uses and building accessory to those above.

D. The following lot standards apply in the VCC District:

(1) Minimum lot size of 20,000 square feet.

(2) There shall be no less than 75 feet of lot frontage.

E. The following setbacks are required for all structures in the VCC District:

(1) Front: 25 feet. (Note: The front setback for lots with frontage on Route 100 in this district shall include the required twenty-five-foot landscape easement to the Town of Cumberland.)

(2) Rear: 50 feet. (Note: Where a proposed nonresidential use will abut an existing residential zone, there shall be a twenty-five-foot landscaped buffer within the required setback.)

(3) Side: 15 feet.

§ 315-15 Village Office Commercial I District (VOC I).

A. Purpose. The purpose of the Village Office Commercial I District is to provide substantial areas for integrated development of professional offices and related businesses in a park- or campus-like setting which are of a unified architectural design and landscaping, compatible with the natural surroundings. All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]

[1] Editor's Note: The Route 100 Design Standards are included as an attachment to this chapter.

B. The following uses are permitted within the VOC I District:

(1) Business and professional offices with drive-through facilities.

(2) Catering.

[Added 6-1-2015[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection B(2) and (3) as Subsection B(4) and (5), respectively, and Subsection B(4) through (20) as Subsection B(7) through (23), respectively.

(3) Commercial kitchens.

[Added 6-1-2015]

(4) Commercial schools.

(5) Commercial health and recreation facilities.

(6) Health and fitness studio.

[Added 6-1-2015]

(7) Outdoor recreation facilities, subject to site plan review if required.

[Amended 4-14-2014]

(8) Municipal uses.

(9) Sewer pumping stations, subject to the provisions of § 315-59D.

(10) Timber harvesting, subject to the provisions of § 315-68.

(11) Multiplex dwellings.

(12) Riding stables and schools.

(13) Bed-and-breakfasts.

(14) Contractor's space.

(15) Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:

(a) The total gross area of all building footprints on the site shall not exceed 30,000 square feet for each four acres of lot area. Additional building footprints of 30,000 square feet shall be permitted for each additional land area increment of four acres.

(b) The parking requirement included in § 315-71 may be reduced upon a positive finding by the Board that the proposed use does not, in practice, require the amount stated in the standard.

(16) Light manufacturing, as defined.

(17) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(18) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(19) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(20) Agriculture uses.

(21) Accessory structures of public utilities.

(22) Aboveground utility transmission lines not located within public ways.

(23) Veterinary office.

C. The following uses are allowed as special exceptions in the VOC I District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Home-based retail.

(4) Uses and building accessory to those above.

D. The following lot standards apply in the VOC I District:

(1) Minimum lot size of 40,000 square feet.

(2) In the case of multiplex developments, the minimum lot area shall be 8,000 square feet per bedroom.

[Added 7-23-2012[3]]

[3] Editor's Note: This ordinance also redesignated former Subsection D(2) as Subsection D(3).

(3) There shall be no less than 75 feet of lot frontage.

E. The following setbacks are required for all structures in the VOC I District:

(1) Front: 50 feet.

(2) Rear: 50 feet. (Note: Where a proposed nonresidential use will abut an existing residential zone, there shall be a twenty-five-foot landscaped buffer within the required setback.)

(3) Side: 20 feet.

§ 315-16 Village Office Commercial II District (VOC II).

A. Purpose. The purpose of the Village Office Commercial II District is to provide for the flexible development or redevelopment of an area that has historically featured a mix of residential and retail uses. All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]

[1] Editor's Note: The Route 100 Design Standards are included as an attachment to this chapter.

B. The following uses are permitted within the VOC II District:

(1) Business and professional offices without drive-through facilities.

(2) Commercial schools.

(3) Commercial health and recreation facilities.

(4) Outdoor recreation facilities, subject to site plan review if required.

[Amended 4-14-2014]

(5) Municipal uses.

(6) Sewer pumping stations, subject to the provisions of § 315-59D.

(7) Timber harvesting, subject to the provisions of § 315-68.

(8) Multiplex dwellings.

(9) Riding stables and schools.

(10) Bed-and-breakfasts.

(11) Contractor's space.

(12) Agriculture uses.

(13) Light manufacturing, as defined.

(14) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(15) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(16) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(17) Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:

(a) The total gross area of all building footprints on the site shall not exceed 30,000 square feet for each four acres of lot area. Additional building footprints of 30,000 square feet shall be permitted for each additional land area increment of four acres.

(b) The parking requirement included in § 315-71 may be reduced upon a positive finding by the Board that the proposed use does not, in practice, require the amount stated in the standard as demonstrated by a parking analysis submitted by the applicant.

(18) Accessory structures of public utilities.

(19) Aboveground utility transmission lines not located within public ways.

(20) Veterinary office.

C. The following uses are allowed as special exceptions in the VOC II District, requiring the approval of the Board of Adjustment and Appeals:

(1) Single-family detached dwelling.

(2) Duplex dwelling.

(3) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[2]]

[2] Editor’s Note: This ordinance also redesignated former Subsection C(3) through (6) as Subsection C(4) through (7), respectively.

(4) Home occupations.

(5) Home-based occupations.

(6) Home-based retail.

(7) Uses and buildings accessory to those above.

D. The following lot standards apply in the VOC II District:

(1) Minimum lot size of 40,000 square feet.

(2) There shall be no less than 75 feet of lot frontage.

(3) The minimum lot area per dwelling unit shall be 20,000 square feet.

[Added 5-8-2023]

E. The following setbacks are required for all structures in the VOC II District:

(1) Front: 50 feet.

(2) Rear: 65 feet. (Note: Where a proposed nonresidential use will abut an existing residential zone, there shall be a twenty-five-foot landscaped buffer within the required setback.)

(3) Side: 20 feet.

§ 315-17 Mixed-Use Zone (MUZ).

A. Purpose. The purpose of the Mixed-Use Zone is to provide an area along the Route 100 Corridor that will accommodate a mix of residential, retail and office uses in a campus-like setting. All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]

[1] Editor's Note: The Route 100 Design Standards are included at the end of this chapter.

B. The following uses are permitted within the MUZ District:

(1) Business and professional offices, with drive-through facilities.

(2) Restaurants.

(3) Retail (maximum footprint of 25,000 square feet).

(4) Grocery stores (maximum footprint of 35,000 square feet).

(5) Commercial schools.

(6) Commercial health and recreation.

(7) Multiplex dwellings.

(8) Riding stables and schools.

(9) Hotels and inns.

(10) Bed-and-breakfasts.

(11) Personal services.

(12) Municipal uses.

(13) Commercial health and recreation.

(14) Sewer pumping stations, subject to the provisions of § 315-59D.

(15) Timber harvesting, subject to the provisions of § 315-68.

(16) Agriculture uses.

(17) Contractor's space.

(18) Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:

(a) The total gross area of all building footprints on the site shall not exceed 30,000 square feet for each four acres of lot area. Additional building footprints of 30,000 square feet shall be permitted for each additional land area increment of four acres.

(b) The parking requirement included in § 315-71 may be reduced upon a positive finding by the Board that the proposed use does not require the stated amount.

(19) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(20) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(21) Light manufacturing, as defined.

(22) Veterinary office.

(23) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(24) Accessory structures of public utilities.

(25) Aboveground utility transmission lines not located within public ways.

(26) Uses and buildings accessory to those above.

C. The following uses are allowed as special exceptions in the MUZ District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Home-based retail.

(4) Single-family dwelling.

(5) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[2]]

[2] Editor’s Note: This ordinance also redesignated former Subsection C(5) as Subsection C(6).

(6) Uses and buildings accessory to those above.

D. The following lot standards apply in the MUZ District:

(1) Minimum lot size of 30,000 square feet.

(2) There shall be no less than 100 feet of lot frontage.

(3) The minimum lot area per dwelling unit shall be 20,000 square feet.

[Added 5-8-2023]

E. The following setbacks are required for all structures in the MUZ District:

(1) Front: 40 feet.

(2) Rear: 25 feet for lots bordering the Falmouth town line or the power line; lots bordering the VOC II District:

(a) Residential uses: 50 feet.

(b) Nonresidential uses: 50 feet, of which 25 feet shall be a landscape buffer.

(3) Side: 25 feet.

§ 315-18 Village Mixed-Use Zone (V-MUZ).

A. Purpose.

(1) The purpose of the Village Mixed-Use Zone is to provide an area that allows for a dense, village-like development that promotes a neighborhood feel by allowing for a mix of residential types as well as for small-scale office, commercial, retail and restaurant uses with interconnected streets, sidewalks and trails.

(2) All development in this district shall be connected to public water and sewer. All nonresidential uses shall be subject to Chapter 229, Site Plan Review.

B. The following uses are permitted in the V-MUZ District:

(1) Dwelling, detached.

(2) Dwellings, duplex and multiplex, to include condominiums, apartments and senior housing.

(3) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection B(3) through (18) as Subsection B(4) through (19), respectively.

(4) Personal services.

(5) Business and professional offices.

(6) Markets, maximum 5,000 square feet, with no drive-through.

(7) Restaurants, maximum footprint of 3,000 square feet, with no drive-through and in accordance with Subsection F(3) of this section.

(8) Retail stores, maximum footprint of 2,000 square feet per business unit.

(9) Private schools.

(10) Research facilities.

(11) Municipal uses and buildings.

(12) Sewer pumping stations, subject to the provisions of § 315-59D.

(13) Residential care facilities, subject to § 315-71.

(14) Commercial health and recreation facility.

(15) Day-care centers and nursery schools for no more than 20 children, subject to the provisions of § 315-47 and site plan review.

(16) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(17) Religious institutions.

(18) Accessory structures of public utilities.

(19) Uses and buildings accessory to those above.

C. The following uses are allowed as special exceptions in the V-MUZ District, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Home-based retail.

(4) Bed-and-breakfasts.

(5) Uses and buildings accessory to those above.

D. The following lot standards apply within the V-MUZ District:

[Amended 10-12-2015; 5-8-2023]

(1) Minimum lot size of 5,000 square feet, provided the minimum lot size of a lot with frontage on Tuttle Road shall be 20,000 square feet.

(2) The minimum lot area per dwelling unit shall be 2,500 square feet.

(3) There shall be no less than 50 feet of lot frontage.

E. The following minimum setbacks are required for all structures in the V-MUZ District, except that sheds and driveways are permitted to a minimum setback of eight feet from the side and rear lot lines:

(1) Front: 15 feet.

(2) Rear: 15 feet.

(3) Side: 10 feet.

F. The following performance standards shall apply within the V-MUZ District; provided, however, that the Planning Board may determine, based on the specific elements of a proposed development, that the standards be modified:

(1) Building design. New structures within the district shall be of a New England architectural style and materials. This includes clapboard, shingle, or brick siding (composed of natural or composite materials), pitched rooflines, and neutral colors.

(2) Lighting. The use of exterior lighting shall be only as required for safety and to identify, during business hours only, businesses, parking areas and sidewalks. Fixtures shall be fully shielded, giving off no light above the horizontal plane. There shall be no internally illuminated signs.

(3) Restaurant standards. Outdoor seating is permitted but must be buffered from adjacent uses by fencing and plantings unless located between the front of the structure and the public right-of-way. Kitchen ventilation hoods will not be mounted on the front or street side of the building and will be located to minimize impact on neighboring properties.

(4) Road and drainage design standards. Road design as follows:

(a) Right-of-way width: 60 feet.

(b) Paved travel way width: 22 feet.

(c) Grass esplanade: four feet each side.

(d) Paved sidewalk: six feet each side.

(e) On-street parking when approved by Planning Board.

(f) All other street design standards as per Chapter 250, Subdivision of Land, § 250-37.

[Amended 3-11-2019]

(g) Closed drainage system with curbing and catch basins.

(5) Parking standards. Parking shall be located to the side or rear of both residential and commercial structures. There shall be no garage doors facing the street. On-street parking may be allowed upon Planning Board approval.

(6) Buffering and landscaping. All uses must provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of mechanical equipment and service and storage areas. The buffer may be provided by distance, landscaping, fencing, changes in grade and/or a combination of these or other techniques.

G. Definition of market. "Market" means a retail store selling primarily food products that does not exceed 5,000 square feet.

§ 315-19 Industrial District (I).

The purpose of the Industrial District is to provide controlled areas for manufacturing, production, processing, treatment, research, warehousing and distribution as well as other compatible but less intensive uses with the goal of creating employment opportunities within the Town of Cumberland.

A. The following uses are permitted in the Industrial District, subject to site plan review:

(1) Industrial.

(2) Low impact industrial.

(3) Extraction of earth materials, subject to the provisions of § 315-49.

(4) Aggregate processing.

(5) Boarding kennels.

(6) Business and professional offices.

(7) Catering.

[Added 6-1-2015[1]]

[1] Editor's Note: This amendment also redesignated former Subsection A(7) through (30) as Subsection A(9) through (32), respectively.

(8) Commercial kitchens.

[Added 6-1-2015]

(9) Commercial health and recreation.

(10) Landscaping services.

(11) Retail store.

(12) Personal services.

(13) Private kennels.

(14) Veterinary office.

(15) Self-storage facilities, subject to the provisions of § 315-60.

(16) Contractor's space.

(17) Motor vehicle service/repair.

(18) Wholesale distribution facilities.

(19) Warehousing and storage.

(20) Construction operations.

(21) Research facilities.

(22) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(23) Timber harvesting, subject to the provisions of § 315-68.

(24) Private heliport, personal use, subject to site plan review and to the provisions of § 315-58.

(25) Sewer pumping stations, subject to the provisions of § 315-59D.

(26) Primary buildings of a public utility.

(27) Aboveground utility transmission lines not located within public ways.

(28) Agriculture.

(29) Animal husbandry.

(30) Municipal uses and buildings.

(31) Motor vehicle sales.

[Added 4-23-2012[2]]

[2] Editor's Note: This ordinance also provided for the redesignation of former Subsection A(29) as Subsection A(30).

(32) Uses and buildings accessory to those above.

B. The following uses are allowed as special exceptions in the Industrial District, requiring the approval of the Board of Adjustment and Appeals:

(1) Temporary sawmills, subject to § 315-66.

(2) (Reserved)[3]

[3] Editor's Note: Former Subsection B(2), Junkyards, was repealed 7-23-2012.

(3) Home occupations.

(4) Home-based occupations.

(5) Uses and buildings accessory to those above.

C. The following lot standards shall apply in the Industrial District:

(1) Minimum lot size of 40,000 square feet.

(2) Minimum lot frontage of 100 feet on a public right-of-way.

D. The following setbacks are required for all structures in the Industrial District:

(1) Front: 45 feet.

(2) Rear: 50 feet.

(3) Side: 15 feet. (Note: Where a proposed nonresidential use will abut an existing residential zone, the side setback shall be 75 feet, of which 15 feet will be a landscaped buffer consisting of vegetation, fencing or a landscaped berm or a combination of the three, provided that the landscape buffer may be waived by the Planning Board when the topography of the site makes the buffering ineffective.)

§ 315-20 Rural Industrial District (RI).

The purpose of the Rural Industrial District is to establish a mixed zone of rural residential, industrial, commercial, and associated retail uses, including home occupations. Site plan review and approval are required for all uses, with the exception of residential uses, which term for purposes of this section is defined to consist of the following uses: single-family detached dwellings, duplex dwellings, day-care homes, bed-and-breakfasts with three or fewer guest rooms and home occupations. For purposes of this section, the term "nonresidential uses" is defined to consist of all permitted and special exception uses in the RI District other than residential uses. In this district, additional uses shall be permitted on the same lot, provided that each use meets the required minimum lot size requirement.

A. The following uses are permitted in the Rural Industrial District:

[Amended 9-10-2012]

(1) Single-family detached dwellings.

(2) Duplex dwellings.

(3) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection A(3) through (22) as Subsection A(4) through (23), respectively.

(4) Agriculture and animal husbandry.

(5) Catering.

[Added 6-1-2015[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection A(5) through (23) as Subsection A(7) through (25), respectively.

(6) Commercial kitchens.

[Added 6-1-2015]

(7) Light manufacturing and associated retail.

(8) Warehousing and wholesale distribution and associated retail.

(9) Research facilities.

(10) Municipal uses and buildings.

(11) Sewer pumping stations, subject to the provisions of § 315-59D.

(12) Railroad facilities.

(13) Residential care facilities.

(14) Business and professional offices.

(15) Construction operations.

(16) Timber harvesting.

(17) Antennas as defined in § 315-4, subject to site plan review and § 315-72.

(18) Contractor's space.

(19) Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.

(20) Day-care center, adult, for no more than 20 persons, subject to site plan review or special exception as required.

(21) Motor vehicle service/repair, excluding storage and sale of gasoline or motor fuel.

(22) Aboveground utility transmission lines not located within public ways.

(23) Primary buildings of a public utility, subject to site plan review.

(24) Veterinary office.

(25) Uses and buildings accessory to those above.

B. The following uses are allowed as special exceptions in the Rural Industrial District, requiring the approval of the Board of Adjustment and Appeals:

(1) Temporary sawmills, subject to § 315-66.

(2) Home occupations.

(3) Home-based occupations.

(4) Home-based retail.

(5) Uses and buildings accessory to those above.

C. The following lot standards shall apply in the RI District:

(1) Minimum lot size of 60,000 square feet, whether or not the lot is served by sewer, which allows for up to two principal uses.

(2) There shall be no less than 40,000 square feet of lot area per dwelling unit, except that the minimum lot area per dwelling unit for a lot served by sewer shall be 20,000 square feet.

[Amended 5-8-2023]

(3) There shall be no less than 150 feet of lot frontage on a public right-of-way.

D. The following setbacks are required for all structures in the RI District:

(1) Structures for residential uses and home occupations:

(a) Front: 50 feet.

(b) Rear: 65 feet.

(c) Side: 30 feet; combined width of at least 75 feet.

(2) Structures for nonresidential uses:

(a) Front: 100 feet.

(b) Rear: 65 feet.

(c) Side: 30 feet; combined width of at least 75 feet, provided that if a new nonresidential use is commenced on a lot adjoining a lot containing an existing residential use, the side setback shall be at least 50 feet with a combined width of 100 feet.

E. When a new nonresidential use is proposed on a lot that abuts an existing residential use, the following buffering provisions shall be required:

(1) There shall be provided and maintained a twenty-five-foot-wide buffer along said lot boundary in order to buffer and screen the residential uses from the nonresidential uses on the adjoining parcel(s). This buffer shall contain screening that is at least six feet in height. This screening shall consist of one or some combination of the following: fencing, evergreens, shrubs, berms, rocks, boulders, mounds, bushes, and deciduous trees. Said screening may consist in whole or in part of natural vegetation, and the six-foot-high screening need not extend across the entire twenty-five-foot width of the buffer so long as the screening is sufficient to minimize the effects of vehicle headlights, noise, light from structures and the movement of people and vehicles on adjacent properties.

(2) Unless the residential lot has received subdivision review from the Planning Board and the Planning Board has required screening under this chapter as a condition of subdivision approval, the Code Enforcement Officer shall review the proposed buffer and screening at the time that a building permit is requested to determine whether the proposed buffer and screening comply with the standards of this chapter. This buffer and screening must be completed before a use permit or temporary use permit can be issued by the Code Enforcement Officer.

§ 315-21 Town Center District (TCD).

A. The purpose of the Town Center District (TCD) is to provide an area in the center of Town that will allow for a mix of residential and low-intensity commercial uses that will enhance the livability and sustainability of the community.

(1) All multiplex and nonresidential development shall be subject to the Town Center District Design Standards.[1]

[1] Editor's Note: The Town Center District Design Standards are included as an attachment to this chapter.

(2) All multiplex and nonresidential uses shall be subject to Chapter 229, Site Plan Review.

(3) All development in this area shall be connected to public water and sewer, when available.

B. The following uses are permitted in the TCD:

(1) Single-family dwellings.

(2) Duplex dwellings.

(3) Multiplex dwellings, subject to the provisions of § 315-44, Multiplex dwellings.

(4) An accessory dwelling unit as permitted in § 315-45A.

[Added 11-26-2012[2]]

[2] Editor’s Note: This ordinance also redesignated former Subsection B(4) through (14) as Subsection B(5) through (15), respectively.

(5) Personal services.

(6) Business and professional offices.

(7) Retail stores, maximum 2,000 square feet. Square footage shall not include internal storage areas.

(8) Small markets, maximum 2,500 square feet, with no drive-through. Square footage shall not include internal storage areas.

(9) Cafes, maximum 2,500 square feet, with no drive-through and in accordance with § 315-18F(3). Square footage shall not include internal storage areas and outdoor seating areas. Square footage shall include bathrooms, prep areas, cooking area and dining area.

[Amended 6-1-2015]

(10) Residential care facilities, subject to § 315-71.

(11) Health and fitness studio.

(12) Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.

[Amended 6-14-2021; 9-13-2021]

(13) Municipal uses and buildings.

(14) Sewer pumping stations, subject to the provisions of § 315-59D.

(15) Uses and buildings accessory to those above, except that no accessory storage units and buildings for nonresidential uses shall be permitted.

C. The following uses are allowed as special exceptions in the TCD, requiring the approval of the Board of Adjustment and Appeals:

(1) Home occupations.

(2) Home-based occupations.

(3) Home-based retail (subject to site plan review).

(4) Bed-and-breakfasts.

(5) Day-care homes.

(6) Adult day care.

(7) Accessory structures of public utilities.

(8) Aboveground utility lines.

(9) Uses and buildings accessory to those above.

D. The following lot standards shall apply within the TCD:

(1) Minimum lot size of 10,000 square feet per unit if on public sewer; 20,000 square feet if not on public sewer.

(2) In the case of duplex or multiplex developments, the minimum lot area per dwelling unit shall be no less than 5,000 square feet if on public sewer.

(3) There shall be no less than 80 feet of lot frontage. This provision shall not apply to Map U13 Lot 109.

(4) There may be multiple uses on one parcel as long as each use meets the required lot standards.

E. The following minimum setbacks are required for all structures in the TCD, except that sheds and driveways are permitted to a minimum setback of eight feet from the side and rear lot lines:

(1) Front: 15 feet.

(2) Rear: 15 feet.

(3) Side: 10 feet.

F. The following performance standards shall apply within the TCD; provided, however that the Planning Board may determine, based on the specific elements of a proposed development, that the standards be modified. For additional requirements relating to building and site improvements, refer to the Town Center District Design Standards.

(1) Building design. New structures, excluding single-family homes, within the district shall be of a New England architectural style and materials consistent with Section 2.1 of the Design Standards.

(2) Lighting. The use of exterior lighting shall be only as required for safety and to identify, during business hours only, businesses, parking areas and sidewalks. Fixtures shall be fully shielded, giving off no light above the horizontal plane. There shall be no internally illuminated signs. No greater than one footcandle of lighting is permitted on the site, and there shall be zero footcandle at the property line.

(3) Cafe standards.

(a) Seating shall be limited to 48 seats.

(b) No more than 20 square feet of advertising shall be permitted on site. There shall be no advertising placed in windows or doorways of the building. Advertising shall not include internally illuminated signs.

(c) Kitchen ventilation hoods will not be mounted on the front door street side of the building and will be located to minimize impact on neighboring properties.

(d) Outdoor seating is permitted but must be buffered from adjacent uses by fencing and plantings unless located between the front of the structure and the public right-of-way. Outdoor seating shall not be counted toward the total seating referenced in Subsection F(3)(a). Outdoor seating shall be permitted for up to 16 seats unless the Planning Board finds the unique characteristics of the site allows for additional outdoor seating. No additional parking shall be required for outdoor seating.

[Amended 6-1-2015]

(e) All parking and loading facilities shall be located to the side or rear of the building and shall be screened from abutting residences within 200 feet. Screening shall be comprised of a continuous landscaped area not less than eight feet in width containing evergreen shrubs, trees, fences, walls, berms, or any combination, forming a visual barrier not less than six feet in height.

(f) Rest room facilities for the patrons shall be provided on the premises.

(4) Parking standards. Parking shall be located to the side or rear of multiplex residential and nonresidential structures.

(5) Buffering and landscaping. All nonresidential uses must provide for the buffering of adjacent uses, where there is a transition from one type of use to another use, and for the screening of mechanical equipment and service and storage areas. The buffer may be provided by distance, landscaping, fencing, changes in grade and/or a combination of these or other techniques.

(6) Hours of operation. All nonresidential uses in the TCD shall be open for business only within the time frame of 6:00 a.m. to 9:00 p.m.

(7) Commercial deliveries. Commercial deliveries shall be limited to the hours of 7:00 a.m. to 7:00 p.m. for all nonresidential uses added to the district after April 11, 2011.

(8) Noise.

(a) Intent. These performance standards governing noise are intended to ensure that the rights of property owners, as well as the overall health and general welfare of the district, are not diminished by unreasonable noise levels generated by any permitted or special exception use within the district.

(b) Maximum permissible sound level. The maximum permissible sound level produced by any continuous, regular, or frequent source of sound or noise shall not exceed a measurable level of 75 dB beyond the property boundaries of the site upon which the sound or noise is generated or originates.

(c) Sound or noise abatement. In order to comply with these maximum sound level requirements, sound or noise level abatement techniques may be used to mitigate levels of site-generated sound or noise. To this end, modern acoustical technology may be applied to achieve compliance with these regulations.

(d) Measurement of sound or noise. In cases where sound measurements are required in order to ensure compliance with these regulations, measurements shall be:

[1] Taken with a device meeting the standards of the American National Standards Institute, American Standard Specifications for General Purpose Sound Level Meters;

[2] Taken at a height of four feet above prevailing grade at the property boundary in question;

[3] Taken with the instrument set to the A-weighted response scale; and

[4] Recorded by an individual familiar with sound measurement and the particular device being used.

(e) Exemptions.

[1] Activities related to public and private construction or maintenance work, agriculture, emergency warning devices, and other similar short-term or temporary uses may be administratively exempted from the requirements of this section if, in the opinion of the Code Enforcement Officer or his/her agent, sufficient reason exists to do so.

[2] In these special circumstances, the Code Enforcement Officer may place reasonable conditions (such as time limitations and hours of operation) on such an exemption.