This chapter shall be known as the "Growth Management Ordinance
of the Town of Cumberland, Maine" and shall be referred to herein
as "this chapter."
This chapter is adopted pursuant to home rule powers as provided
in Article VIII of the Maine Constitution and 30-A M.R.S.A. § 3001.
The purpose of this chapter is to protect the health, safety
and general welfare of the residents of Cumberland by placing limitations
on residential development and meeting the following:
A. To provide for the immediate housing needs of the existing residents
of Cumberland.
B. To ensure fairness in the allocation of building permits.
C. To plan for continued residential population growth of Cumberland
which would be compatible with orderly and gradual expansion of community
services, including but not limited to education, public safety, transportation
infrastructure, waste disposal and health services.
D. To avoid a situation in which the rapid development of new residences,
potentially housing many families with school age children, could
outpace the Town's capability to expand its schools and other
services soon enough to avoid serious school overcrowding and a significant
reduction in other services.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit as defined by and issued in accordance with the Maine Uniform Building and Energy Code and §
315-76A of Chapter
315, Zoning, of this Code.
CALENDAR YEAR
The period of time comprised of 52 weeks commencing on January
1 and extending through December 31 of any given year.
DWELLING UNIT
A room or group of rooms designed and equipped exclusively
for use as living quarters for a family, including provisions for
living, sleeping, cooking and eating. The term shall include but not
be limited to manufactured housing, modular/mobile homes, apartment
units, duplexes and multiplexes and condominium units. The term shall
not include trailers or recreational vehicles used for overnight or
temporary lodging only.
FAMILY
A person or persons occupying a dwelling unit and living
as a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging residence, hotel or motel.
GROWTH PERMIT
A permit issued, in accordance with the provisions of this
chapter, by the CEO to allow the establishment of a new dwelling unit.
MANUFACTURED HOUSING
A fabricated, pre-assembled dwelling unit designed to be
transported after fabrication and to be used as living quarters. The
term "manufactured housing" may include the terms "modular home" and
"mobile home," except that the fabricated single-family modular home
is assembled on the building site on a permanent foundation.
PERSON
Includes an individual's spouse, parents, siblings and
members of his or her immediate family, unless the spouse, parent,
sibling or immediate family member can demonstrate that the person
seeking the growth permit owned the title to the property that is
the subject of the growth permit independently of his spouse, parents,
siblings or immediate family members as of May 1, 2000.
This chapter shall apply to all new dwelling units (including
manufactured housing) within the Town of Cumberland. No new dwelling
unit which fails to meet the requirements of this chapter shall be
constructed or placed within the Town of Cumberland.
This chapter shall not apply to the following:
A. The repair, replacement, reconstruction or alteration of any existing
building or structure, provided that the number of dwelling units
is not increased, regardless of the need for a variance.
B. Dwelling units constructed by the Cumberland Housing Authority, an
agency of the state or federal government, or by a private developer
or contractor with a continuing age restriction of persons 55 years
of age or older. Any conversion of these units eliminating the age
restriction would require a growth permit.
C. Accessory apartments as allowed in §
315-45A of Chapter
315, Zoning, of this Code.
D. Dwelling
units constructed pursuant to a contract zoning agreement in which
the Council authorizes the units to be exempt from the requirements
of this chapter.
[Added 9-23-2013]
This chapter shall not repeal, annul, or otherwise impair or
remove the necessity of compliance with any federal, state or other
local laws or ordinances. Where this chapter imposes a greater restriction
upon the use of land, buildings, or structures, the provisions of
this chapter shall prevail.
This chapter shall be reviewed by the Planning Board periodically (but not less frequently than once every three years) to ensure that the annual maximum growth rate has not become inconsistent with the Town's capital program requirements to establish, maintain, or enlarge needed public facilities and services. Based on its review the Planning Board may recommend amending this chapter as provided in §
118-10.
An amendment to this chapter may be initiated by one of the
following:
C. The residents, pursuant to Article X, Section 2, of the Town Charter.
When a violation of any provision of this chapter shall be found,
the CEO shall send a written notice of the violation to the responsible
party or parties and shall notify the Town Council of the violation.
If the notice does not result in the correction of the violation,
the Town Council may institute any and all actions and proceedings,
either legal or equitable, including seeking injunctive relief, the
imposition of fines, removal of the structure, or other action, that
may be appropriate or necessary to enforce the provisions of this
chapter. The remedies set forth herein are intended to be cumulative
and not exclusive of each other. The Town Council is authorized to
enter into administrative consent orders to eliminate violations with
or without court action. Such agreement shall not allow an illegal
structure or use to continue.
The Board of Adjustment and Appeals, in accordance with Chapter
315, Zoning, §
315-77, may, upon written application of an aggrieved party and after public notice, hear appeals from determinations of the Code Enforcement Officer in the administration of this chapter. Following such hearing, the Board of Adjustment and Appeals may reverse the decision of the Code Enforcement Officer only upon a finding that the decision is clearly contrary to the specific provisions of this chapter.