[Ord. No. 08-31, 10-7-2009; Ord. No. 11-02A, § 1, 8-17-2011; Ord. No. 13-23-A, § 1, 2-19-2014; amended 4-7-2021 by Ord. No. 21-01A; 12-6-2023 by Ord. No. 23-26]
For the purposes of this appendix, the following terms shall
have the meanings respectively ascribed to them in this section. Where
terms are not defined they shall have the meaning customarily assigned
to them. The word "may" is discretionary; the word "shall" is mandatory.
One whose property abuts, that is, adjoins at a border, boundary,
or point with no intervening land.
In residential zones, a subordinate building that is located
on the same lot as a principal building and that is used incidentally
to the principal building or that houses an accessory use. Where a
substantial part of the wall of an accessory building is part of the
wall of the principal building, or where an accessory building is
attached to the principal building in a substantial manner as by a
roof, such accessory building shall be counted as part of the principal
building.
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of land or building.
Such accessory use shall be restricted to the same lot as the principal
use. Such accessory use shall not be permitted without the principal
use to which it is related.
The conversion of an existing structure from the use for
which it was constructed to a new use by maintaining the elements
of the structure and adapting such elements to a new use.
ADJACENT LOTS
Two or more lots of record, which have one common boundary
or more.
An aggrieved party, for purposes of this appendix shall be:
An owner or authorized agent of the owner submitting an application
or appealing an action of any official, board or agency.
The completed form or forms and all accompanying documents,
exhibits and fees required of an applicant by an approving authority
for development review, approval, or permitting purpose.
Features other than primary or secondary structures which
contribute to the exterior appearance of a property including, but
not limited to, paving, doors, windows, signs, materials, decorative
accessories, fences, and landscape features.
That portion of a building included between the upper surface
of its floor and the upper surface of the floor next above, having
more than 1/2 of its height above the average elevation of the finished
lot grade adjoining the building.
All the property fronting on one side of a street between
intersecting or intercepting streets or between a street and right-of-way,
waterway, end of dead-end street or Town boundary measured along the
street line.
Land which is maintained in either a natural or landscaped
state, and is used to screen and/or mitigate the impacts of development
on surrounding areas, properties or rights of-way.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by regulations governing
building setbacks, maximum height, bulk or other regulations, and/or
any combination thereof.
The width of a building abutting or parallel to the street
line.
The vertical distance measured from the grade, as defined
herein, on the street frontage of the building, to the highest point
of the roof structure. The distance excludes certain roof structures
and is otherwise modified in § 5-7 of this appendix.
The Building Official of the Town of Cumberland who is also
the zoning enforcement officer.
That portion of a building included between the upper surface
of its floor and the upper surface of the floor next above, having
less than 1/2 its height above the average elevation of the finished
lot grade adjoining the building.
Either:
The Comprehensive Community Plan adopted by the Town and
approved pursuant to G.L. § 45-22.2-1 et seq.
A type of land development project which allows the Town to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property (see Article 11).
An act or process that destroys a structure or its appurtenances,
in part or in whole.
The number of households or dwelling units per unit of land.
A building having no party wall in common with another building.
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any mining,
excavation, landfill or land disturbance; any change in use, or alteration
or extension of the use of land.
The process whereby the Planning Board is authorized to review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this appendix (see Article 12).
Director of the Department of Planning and Community Development
of the Town of Cumberland.
See "Zoning district."
A system of the removal of water from land by drains, grading
or other appropriate means. Such techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and ground waters
and the prevention and/or alleviation of flooding.
That portion of a lot that consists of a travel lane used
to access a parking area or garage and which is bounded on either
side by an area that is not part of the parking area.
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation, and containing
a separate means of ingress and egress.
An action that changes one or more of the exterior architectural
features of a structure or its appurtenances, including, but not limited
to, the erection, construction, reconstruction, or removal of any
structure or appurtenance.
A person or persons related by blood, marriage or other legal
means (see also "Household").
A yard extending across the width of the lot, bounded by
the required side yards, the building frontage and the street, and
which is open, unoccupied and unobstructed by buildings or structures
from the ground to the sky, except as otherwise provided in this appendix.
A detached accessory building or portion of a principal building
used for storage of vehicles, and provided that, if more than two
vehicles are stored therein, the capacity does not exceed one vehicle
for each 2,500 square feet of lot area.
The sum of the gross horizontal area of the several floors
of a building measured from the exterior face of exterior walls, but
not including interior parking spaces, loading spaces for motor vehicles,
or any space where the floor to ceiling height is less than six feet.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. When the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line, or when the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
The Historic District Commission of the Town of Cumberland.
Any activity customarily carried out for gain by a resident, which is conducted as an accessory use in the resident's dwelling unit. (See § 6-6.)
One or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit. The term "household unit" shall
be synonymous with the term "dwelling unit" for determining the number
of such units allowed within any structure on any lot in a zoning
district. Any individual household shall consist of any one of the
following:
The process whereby the Planning Board may grant additional
development capacity in exchange for the developer's provision of
a public benefit or amenity as specified in this appendix.
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
A project in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures, including, but not limited to, planned development and/or cluster or conservation development for residential, commercial, institutional, recreational, open space and/or mixed-used as may be provided for in this appendix. (See Article 12.)
Land which has severe or very severe limitations for development
(see § 5-8).
The order of zoning use district from less restrictive to
more restrictive is: I-2, I-1, C-2, C-1, R-3, R-2, R-1, A-2, A-1,
OS.
Either:
The basic development unit for determination of lot area, depth,
and other dimensional regulations, or
A parcel of land whose boundaries have been established by some
legal instrument such as a recorded deed or recorded map and which
is recognized as a separate legal entity for purposes of transfer
of title.
The total area within the boundaries of a lot, excluding
any street right-of-way, usually reported in acres or square feet.
That portion of the lot that is or may be covered by buildings
and accessory buildings.
That portion of the lot that is or may be covered by impervious
surfaces including all buildings, structures and paved surfaces such
as driveways and parking areas, and any other surface that restricts
water from infiltrating into the ground. In residential zone, paved
driveways of up to 320 feet should not be included. Gravel driveways,
walkways and patios constructed using permeable pavements are not
included as impervious surfaces.
The distance measured from the front lot line to the rear
lot line. For lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
That portion of a lot abutting a street. Where all lot frontage
is not contiguous, then only the largest single portion of such lot
frontage will be considered with regard to minimum frontage requirements.
A line of record, bounding a lot, which divides one lot from
another lot or from a public or private street or any other public
or private space and shall include:
FRONTAny lot line separating a lot from a street right-of-way;
REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
SIDEAny lot line other than a front or rear lot line. On a corner lot, or irregularly shaped lot, there may be more than one front lot line, and consequently, more than one rear lot line.
The horizontal distance between the sidelines of a lot measured
at right angles to its depth along a straight line parallel to the
front line at the minimum front setback line.
A lot at the junction of and fronting on two or more intersecting
streets.
A lot which fronts upon two parallel or approximately parallel
streets, or which fronts upon two streets which do not intersect at
the boundaries of the lot.
A mixture of land uses within a single development, building
or lot. Under no circumstances shall a second principal use be regarded
as accessory to another. Each use of the property, whether or not
combined with another, must be permitted in the zoning district and
must each comply with all dimensional and other zoning requirements.
A structure designed or used for residential occupancy built
upon or having a frame or chassis to which wheels may be attached
by which it may be moved upon a street or highway, and whether or
not such structure actually has, at any given time, such wheels attached,
or is jacked up or skirted, or attached to a permanent slab foundation
is located on jacks or on a permanent foundation and connected to
utilities.
Permission granted and administered by the Building Official
to grant a dimensional variance, other than lot area requirements,
but not to exceed 10% of each of the applicable dimensional requirements
(see § 18-5).
The order of zoning use district from more restrictive to
less restrictive is: OS, A-1, A-2, R-1, R-2, R-3, C-1, C-2, I-1, I-2.
A building, structure or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this appendix and not in conformity with the provisions of the ordinance or amendment (see Article 16).
A district that is superimposed on one or more district or
parts of districts and that imposes specified requirements in addition
to, but not less than, those otherwise applicable for the underlying
zone and or which allows alternate uses.
Any person, agent, firm or corporation who, alone, jointly
or severally with others:
A portion of paved area consisting of lanes providing access
to parking spaces.
A portion of paved area set aside for the parking of one
vehicle.
A use by right, which is specifically authorized in a particular
zoning district.
Includes "corporation," "partnership," "association," and
"individual."
Planning Board of the Town of Cumberland.
A review meeting of a proposed development held between applicants
and the department of planning and development and/or the Planning
Board, before formal submission of an application for a permit or
for development approval.
In residential zones, the primary building on a lot or a
building that houses the principal use.
The primary or predominant use of any lot. There may be more
than one principal use in commercial, industrial and mixed-use developments.
A yard extending across the width of the lot, bounded by
the required side yards, the rear of the building and the rear lot
line.
Relocation of a structure on its site or to another site.
A change meant only to remedy damage or deterioration of
a structure or its appurtenances.
A line or lines parallel to a lot line at the minimum distance
of the required setback for the zoning district in which the lot is
located that establishes the area within which the principal structure
must be erected or placed.
A yard extending from the side of the building to the side
lot line, the length of which is measured from the front lot line
to the rear lot line.
Any object, device or structure, or part thereof, which is
used to advertise, identify, display, direct or attract attention
to any object, person, institution, organization, business, product,
service, event or location by any means, including words, letters,
figures, designs, symbols, fixtures, colors, illumination, or images.
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot.
Any mechanical system designed to be located on the exterior
of a building intended to provide heat and/or hot water to the building
to which the furnace is attached through the burning of a solid fuel.
A regulated use which is permitted pursuant to a special use permit issued by the Zoning Board of Review (see Article 18). Formerly referred to as a special exception.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above; also,
any portion of a building used for human occupancy between the topmost
floor and the roof. A basement may be counted as a story but a cellar
shall not be so counted.
A public right-of-way established by or maintained under
public authority, a private way open for public uses, and a private
way plotted or laid out for ultimate public use, whether or not constructed.
A public or private thoroughfare used, or intended to be used, for
passage or travel by motor vehicles.
The line dividing a lot from any street, except a limited
or controlled access highway to which the lot has no access.
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, including, but not limited to, buildings,
gazebos, towers, signs, billboards, outbuildings and swimming pools.
Any lot lawfully existing prior to December 13, 1962, or lawfully existing at the time of adoption or amendment of this appendix and not in conformance with the dimensional and/or area provisions of the ordinance or amendment (see Article 16).
The Town of Cumberland.
Single-family dwelling units constructed in a series including
two or more units sharing a common wall. A Townhouse may also be referred
to as a single-family attached unit.
The purpose or activity for which land or buildings are designed,
arranged or intended, or for which land or buildings are occupied
or maintained.
Permission to depart from the literal requirements of this appendix; an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this appendix (see Article 18).
A document signed by the zoning enforcement officer, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this appendix, or is a duly authorized variance or special use permit, or otherwise interprets this appendix in accordance with Article 18 of this appendix.
The Cumberland Zoning Plats which are a part of this appendix
and which delineate the boundaries of all mapped zoning districts,
specials districts, and overlay districts within the physical boundary
of the Town as provided in § 3-4 of this appendix.
The basic unit in zoning to which a uniform set of regulations
applies, or a uniform set of regulations for a specified use.
