[Ord. No. 01-33, § 1, 10-3-2001]
This article is enacted for the purpose of providing regulation
of operating hours for a commercial business which operates as a nonconforming
use. This is to ensure that the operation of such a businesses does
not interfere with the peace and tranquility of the Town.
[Ord. No. 01-33, § 1, 10-3-2001; Ord. No. 12-07, § 1, 5-16-2012]
No commercial business operating as a nonconforming use shall operate or be open prior to 7:00 a.m. nor operate or be open for business after 6:00 p.m. Monday through Saturday, and shall not be open on Sunday or holidays provided, however, that any such commercial business that was operating as a nonconforming use with operating hours of 24 hours per day and seven days per week or less prior to October 3, 2001, shall not be subject to operating only Monday through Saturday, excluding Sundays and holidays, between the hours of 7:00 a.m. and 6:00 p.m. so long as said business conforms to the ambient noise levels set forth in § 14-34 and § 14-35 of the Town of Cumberland Code of Ordinances.
[Ord. No. 01-33, § 1, 10-3-2001]
For the purposes of this article, a "commercial business" shall be defined as any business not included within the definition of a retail business in § 8-162 of this Code. A "nonconforming use" is defined as a lawfully established use of land, building or structure which is not a permitted use in the zoning district which it is located, as set forth in Article 3 of the Town zoning ordinance.
[Ord. No. 01-33, § 1, 10-3-2001; Ord. No. 05-27, § 1, 8-17-2005; Ord. No. 12-07, § 1, 5-16-2012]
(a)
No person or business entity shall operate a commercial business which is operating as a nonconforming use as defined in the Town zoning ordinance [Appendix B of this volume] before 7:00 a.m. or after 6:00 p.m. Monday through Saturday or any time on Sunday or holidays subject, however, to the exception set forth in § 8-181, above, that these restrictions shall not apply to any commercial business operating as a nonconforming use 24 hours per day and seven days per week or less prior to October 3, 2001, so long as said business is also in compliance with § 14-34 and § 14-35 of the Town of Cumberland Code of Ordinances.
(b)
The aforementioned section shall not apply to any person or business
entity that is the holder of an alcoholic beverage license issued
by the Town of Cumberland.
(c)
Any violation of this section shall be subject to a fine of $500
for each offense. Each and every violation of the section or each
day that any provision shall have been violated, shall be construed
as a separate and distinct violation thereof. All such fines shall
inure to the benefit of the Town. The hearing on such violation shall
be held at the next regularly scheduled meeting of the municipal court.
