[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 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. 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.
[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]
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) Asbestos and asbestos product manufacturing, assembly or processing;
(c) Bulk storage, petroleum/LNG storage;
(d) Chlorine or other similar noxious or toxic gases;
(e) Extraction of underground water resources for wholesale or retail
purposes;
(h) Landfill and/or solid waste transfer station;
(i) Leather and fur tanning and finishing;
(l) Nuclear industries and explosives;
(m) Outdoor advertising for off-site uses, bill-boards;
(n) Petroleum products and related industries;
(p) Power plant, incinerator and waste facility;
(q) Prison or correctional institution;
(r) Pulp mills and paper mills;
(s) Rendering or refining of fats or oils;
(t) Slaughter of animals, not including fowl;
(u) Stockyard or feeding pen;
(v) Storage and/or processing of medical wastes (as a principal use);
(x) Solid fuel outdoor furnace.
[Ord. No. 08-31, 10-7-2009]
Any use which is listed as a permitted use, by right or by special use permit, but which also includes a proposed drive-through window or drive-through services, shall be permitted only by special use permit in accordance with the provisions of Article
18 of this appendix.