[Ord. No. 08-31, 10-7-2009]
The regulations set by this appendix within each zoning district
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land. In addition, Article 5 contains dimensional
regulations and Article 6 contains supplementary regulations, which
apply to specific conditions, areas or uses.
[Ord. No. 08-31, 10-7-2009]
The Use Regulations in Table 1[1] are designed to regulate land uses in the various zoning
districts in the Town. Each use group is identified by a use code
number and is a separate use. The use code is a classification system
designed to limit and aid in the interpretation of the use regulations.
The code number in the use regulations corresponds to a more detailed
listing of uses in Appendix A.[2] The uses are listed by category, with individual code
numbers which also correspond to a more detailed listing in Appendix
A. Where a use is not specifically listed in Table 1, such use is
a prohibited use in the Town of Cumberland. When a use code is ambiguous
or subject to interpretation, the zoning enforcement officer shall,
(pursuant to G.L. § 45-24-54) upon written request, provide
written information to the requesting party as to the determination
that the use is included within the appropriate use code number in
Appendix A within 15 days of the written request. In the event that
no response is provided within such time, or if the requesting party
believes the zoning enforcement officer has made an error of law,
the requesting party shall have the right to appeal to the zoning
board of appeals for such determination.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[Ord. No. 08-31, 10-7-2009]
The provisions of this appendix shall not be construed so as
to limit or interfere with the construction, installation, operation
and maintenance for public utility purposes of water and gas pipes,
mains and conduits, electric light and electric power transmission
and distribution lines, telephone lines, cable television lines, oil
pipe lines, sewer mains, and incidental appurtenances and installations.
[Ord. No. 08-31, 10-7-2009; Ord. No. 09-33, § 1, 1-6-2010; Ord. No. 13-01, § 1, 3-6-2013]
Within the Use Table, uses permitted by right are denoted with a "Y" for Yes. Uses which are not permitted are denoted with an "N" for No. Uses permitted only as a special use under the provisions of Article 18 are denoted with an "S" for special use permit. Uses permitted in special development districts shall be according to the regulations governing such districts elsewhere in this appendix. Any number of uses may be located on a lot provided each use is permitted and all other requirements of this appendix, including limitations on the number of buildings on a lot (see § 6-2) are met.
[Ord. No. 08-31, 10-7-2009]
Accessory uses are uses which are clearly incidental to and
customarily associated with the principal use and shall be operated
and maintained under the same ownership and on the same lot as the
principal use and shall include, but not necessarily be limited to,
private garages, home occupations, swimming pools, and accessory parking.
Accessory uses cannot exist without nor precede any principal use
on a vacant lot. Accessory uses are subject to all the requirements
of this appendix except as provided herein (see Article 6 for specific
requirements).
[Ord. No. 08-31, 10-7-2009; Ord. No. 11-02A, § 2, 8-17-2011; amended 12-6-2023 by Ord. No. 23-26]
Any use which is not specifically listed as a permitted use,
by right or conditionally by special use permit, in this article,
is a prohibited use. For the purposes of greater specificity, however,
the following uses are prohibited in the Town of Cumberland:
(a)
Acid manufacture including hydrochloric, nitric, picric or sulfuric
acid;
(b)
Aircraft
transportation;
(c)
Asbestos and asbestos product manufacturing, assembly or processing;
(d)
Bulk storage, petroleum/LNG storage;
(e)
Chlorine or other similar noxious or toxic gases;
(f)
Extraction of underground water resources for wholesale or retail
purposes;
(g)
Glue manufacture;
(h)
Junkyard;
(i)
Landfill and/or solid waste transfer station;
(j)
Leather and fur tanning and finishing;
(k)
Mobile home park;
(l)
Motel;
(m)
Nuclear industries and explosives;
(n)
Outdoor advertising for off-site uses, billboards;
(o)
Petroleum products and related industries;
(p)
Petroleum refining;
(q)
Power plant, incinerator and waste facility;
(r)
Prison or correctional institution;
(s)
Pulp mills and paper mills;
(t)
Rendering or refining of fats or oils;
(u)
Self-storage
facility;
(v)
Slaughter of animals, not including fowl;
(w)
Solid
fuel outdoor furnace;
(x)
Stockyard or feeding pen;
(y)
Storage and/or processing of medical wastes (as a principal use);
(z)
Tobacco processing;
(aa)
Wind energy system.
[1]
Editor’s Note: For definitions of the prohibited uses, see Appendix A, which is included as an attachment to this chapter.
[Added 12-6-2023 by Ord. No. 23-26]
(a)
A proposed
land use that is not specifically listed may be presented by the property
owner to the Zoning Board of Review for an evaluation and determination
of whether the proposed use is of a similar type, character, and intensity
as a listed permitted use. Upon such determination, the proposed use
may be considered to be a permitted use or a use requiring a special
use permit.
(b)
Notwithstanding any other provision of
this appendix, the following uses are permitted uses within all residential
zoning use districts of a municipality and all industrial and commercial
zoning use districts except where residential use is prohibited for
public health or safety reasons:
(c)
Any time a building or other structure
used for residential purposes, or a portion of a building containing
residential units, is rendered uninhabitable by virtue of a casualty
such as fire or flood, the owner of the property is allowed to park,
temporarily, mobile and manufactured home, or homes, as the need may
be, elsewhere upon the land, for use and occupancy of the former occupants
for a period of up to 12 months, or until the building or structure
is rehabilitated and otherwise made fit for occupancy. The property
owner, or a properly designated agent of the owner, is only allowed
to cause the mobile and manufactured home, or homes, to remain temporarily
upon the land by making timely application to the local building official
for the purposes of obtaining the necessary permits to repair or rebuild
the structure.
(d)
Notwithstanding any other provision of
this appendix, appropriate access for people with disabilities to
residential structures is allowed as a reasonable accommodation for
any person(s) residing, or intending to reside, in the residential
structure.
(e)
Notwithstanding any other provision of
this appendix, an accessory dwelling unit in an owner-occupied residence
that complies with R.I.G.L. AAA 45-24-31 and 45-24-73 shall be permitted
as a reasonable accommodation for family members with disabilities
or who are 62 years of age or older, or to accommodate other family
members.
(f)
When used in this section the terms "people
with disabilities" or "member, or members, with disabilities" means
a person(s) who has a physical or mental impairment that substantially
limits one or more major life activities, as defined in R.I.G.L. AA
42-87-1(7).
(g)
Notwithstanding any other provisions of
this appendix, plant agriculture is a permitted use within all zoning
districts of a municipality, including all industrial and commercial
zoning districts, except where prohibited for public health or safety
reasons or the protection of wildlife habitat.
(h)
Adaptive
reuse. Notwithstanding any other provisions of this appendix adaptive
reuse for the conversion of any commercial building, including offices,
schools, religious facilities, medical buildings, and malls into residential
units or mixed-use developments is a permitted use, under the following
criteria:
(2)
Density calculations.
a.
For projects that meet the following
criteria, the residential density shall be 15 dwelling units per acre:
1.
Where the project is limited to the
existing footprint, except that the footprint is allowed to be expanded
to accommodate upgrades related to the building fire code, and utility
requirements.
2.
The development includes at least
20% low- and moderate-income housing.
3.
The development has access to public
sewer and water service or has access to adequate private water, such
as well and/or wastewater treatment systems approved by the relevant
state agency for the entire development as applicable.
b.
For all other adaptive reuse projects,
the residential density permitted in the converted structure shall
be the maximum allowed that otherwise meets all standards of minimum
housing and has access to public sewer and water services or has access
to adequate private water, such as well and wastewater treatment systems
approved by the relevant state agency for the entire development,
as applicable.
c.
The density proposed for any adaptive
reuse project shall be determined to meet all public health and safety
standards.
(3)
Dimensional requirements.
a.
Notwithstanding any other provisions
of this appendix, existing building setbacks shall remain and are
considered legal nonconforming.
b.
No additional encroachments shall
be permitted into any nonconforming setback unless relief is granted
by the permitting authority.
c.
Notwithstanding other provisions
of this appendix, the height of the structure shall be considered
legal nonconforming if it exceeds the maximum height of the zoning
district in which the structure is located.
1.
Any rooftop construction necessary
for building or fire code compliance, or utility infrastructure is
included in the height exemption.
(4)
Parking requirements.
a.
Adaptive reuse developments shall
provide one parking space per dwelling unit. The applicant may propose
additional parking in excess of one space per dwelling unit.
(5)
Allowed uses within an adaptive reuse
project.
a.
Residential dwelling units are a
permitted use in an adaptive reuse project regardless of the zoning
district in which the structure is located, in accordance with the
provisions of this section.
b.
Any nonresidential uses proposed
as part of an adaptive reuse project must comply with the provisions
of these regulations.
(6)
Development and design standards.
Site design shall be in accordance with the Sections 6, 7, and 8,
as applicable, of Appendix A, Land Development and Subdivision Regulations.
(7)
Procedural requirements.
a.
Adaptive reuse project shall be subject
to the procedural requirements of these regulations and undergo either
development plan review, or minor or major land development as determined
therein.
b.
In addition to the checklist requirements
for the applicable review process, the applicant shall provide the
following information:
1.
The proposed residential density
and the square footage of nonresidential uses. Residential density
under the provisions of Subsection (h)(2) shall be determined with
the submission of a detailed floor plan as described in subsection
(h)(7)2 of this Section to the Zoning/Building Official for their
review and approval.
2.
A floor plan to scale for each building indicating, as applicable,
the use of floor space, number of units, number of bedrooms, and the
square footage of each unit.
(8)
Specific
and objective criteria. The specific and objective criteria for adaptive
reuse projects are found in Sections 6, 7 and 8 of Appendix A, Land
Development and Subdivision Regulations.
[1]
Editor's Note: Former § 4-8, Drive-through service, adopted
by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26. See now § 18-3(j),
Requirements for specific categories of special use.
