Mobile home parks are permitted in the Mobile Home Park Overlay District as delineated on the Official Town Zoning Map, subject to the provisions of §
315-56 and subdivision review.
The purpose of the Fairgrounds Overlay District is to allow
as permitted uses a diverse range of exhibitions, shows, fairs, entertainment
programs, and similar events, both related to and not related to agriculture,
of the type commonly and historically associated with the Cumberland
Fairgrounds.
A. The Cumberland Fairgrounds, delineated as R07, Lots 8 and 8-1, on
the official Town of Cumberland Tax Assessor's Map dated April 1,
2001, is hereby designated as an overlay district within the Rural
Residential District 2 for the purposes designated herein.
B. All the uses commonly and historically associated with the annual Cumberland County Fair shall be allowed at the Cumberland Fairgrounds as permitted uses. These uses shall conform to Chapter
162, Mass Gatherings, and other ordinances of the Town of Cumberland as may be appropriate.
C. All uses commonly and historically associated with the Cumberland Fairgrounds other than the annual Cumberland County Fair shall be allowed to continue at the Cumberland Fairgrounds as permitted uses. These uses shall conform to Chapter
162, Mass Gatherings (if necessary), and other ordinances of the Town of Cumberland as may be appropriate. Permitted uses shall include but not be limited to the following:
(1) Animal exhibitions and competitions.
(16)
Jamborees, scouting events, 4-H club events, etc.
(18)
Public events and suppers.
(21)
Pari-mutuel horse racing.
D. Because no list of uses can be complete, uses similar in size, scope, type, and impact to those listed above will be permitted within the discretion of the Code Enforcement Officer, subject to the appeal provisions of §
315-77D of this chapter.
The purpose of the recreational overlay is to allow as permitted
uses a range of recreation uses and recreation-related or recreation
support uses.
[Added 7-24-2017; amended 11-22-2017]
A. Purpose. The purpose of the Senior Housing Community (SHC) Overlay
District is to permit the development of senior housing communities
in designated areas of the Town that consist of varied living arrangements
for senior residents. These regulations are intended to provide flexibility
and creativity in the design and development of senior housing communities,
while ensuring that senior housing communities are designed and developed
to maintain a high degree of quality and integrate well into existing
neighborhoods. The designation of the Senior Housing Community Overlay
District is intended to recognize that a planned senior housing community
has special considerations that do not apply to other uses and to
allow for additional flexibility in the permitting of these uses within
the Senior Housing Community Overlay District, in return for an increased
level of municipal oversight.
B. District.
(1)
The Senior Housing Community Overlay District is hereby designated
as an overlay district for the purposes set forth above within the
certain portions of the MDR and RR1 Districts, specifically the lots
as delineated on the official Town of Cumberland Tax Assessor's Map
as:
[Amended 1-14-2019]
Map R03, Lot 50
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Map R04, Lot 4C
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Map R03, Lot 50A
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Map R04, Lot 4D
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Map R03, Lot 50B
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Map R04, Lot 4E
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Map R03, Lot 53
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Map R04, Lot 5
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Map R04, Lot 34A
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Map R04, Lot 1
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Map R04B, Lot 1
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Map R04, Lot 1A
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Map R04B, Lot 2
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Map R04, Lot 2
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Map R04B, Lot 3
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Map R04, Lot 2A
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Map R04B, Lot 4
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Map R04; Lot 3
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Map R04B, Lot 5
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Map R04, Lot 3A
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Map R04B, Lot 5A
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Map R04; Lot 4
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Map R04B, Lot 5B
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Map R04, Lot 4A
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Map R04B, Lot 6
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Map R04, Lot 4B
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Portion of Map R04, Lot 41
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(2)
The requirements of the underlying zoning districts shall continue
to apply to all properties within the Senior Housing Community Overlay
District except as specifically modified by the provisions of this
section.
C. Permitted uses. In addition to the uses allowed in the underlying
zoning districts as identified above, and notwithstanding anything
to the contrary in the regulations for the underlying zoning districts,
the following uses shall be permitted uses in the Senior Housing Community
Overlay District:
(1)
Senior housing community, subject to review under § 315.60.1.
(2)
Accessory buildings or uses as are permitted in the underlying
zoning district that are located on the same lot and incidental and
subordinate to senior housing.
(3)
Private clubs that are associated with and available exclusively
to the senior housing community.
(4)
Commercial health and recreation centers and swimming pools
that are associated with and available exclusively to the senior housing
community.
[Amended 1-14-2019]
(5)
Health and fitness studios that are associated with and available
exclusively to the senior housing community.
(6)
Small-scale storage facilities that are associated with and
available exclusively to residents of the senior housing community.
(7)
Community center that is associated with and available exclusively
to residents of the senior housing community.
(8)
Sales office used exclusively for promotion and sale of dwelling
units within the senior housing community.
D. Lot standards. Notwithstanding anything to the contrary in the regulations
for the underlying zoning districts, the following lot standards shall
apply to all permitted uses within the Senior Housing Community Overlay
District:
(1)
Setbacks. No structure shall be located within 25 feet from the paved edge of any road, nor within 20 feet from the closest point of any other structure or 30 feet from any Senior Housing Community or District boundary line. In the event of a conflict between the setback requirements of this subsection and the buffering requirements of Subsection
D(6) below, the more restrictive provision shall apply.
(2)
Minimum lot size: 5 acres for a Senior Housing Community.
(3)
Maximum density. The minimum allowable land area for each permitted
use shall be:
(a)
Ten thousand square feet per dwelling unit in a single-family
or duplex
(b)
Five thousand square feet per dwelling unit within a multiplex.
(c)
Two thousand five hundred square feet per bed in a residential
care facility.
(d)
Ten thousand square feet per accessory use and all other permitted uses listed in §
315-28.4C.
(4)
Net residential acreage. Net residential acreage calculations
are not required for senior housing communities within the Senior
Housing Community Overlay District.
(5)
Open space. At least 20% of the total area of the tract or parcel of land being developed for a senior housing community must be maintained as open space as defined in §
315-4.
(6)
Buffering. A plan to buffer and screen the proposed senior housing
community development from adjacent residential properties shall be
required. A minimum fifty-foot buffer shall be required along the
entire perimeter of a Senior Housing Community. No cutting or clearing
shall be permitted within the fifty-foot buffer area, except as required
for purposes of installing or connecting utilities, roads and trails.
Roads, trails and utilities may be located within the 50 foot buffer
area as required by this subsection when necessary due to the physical
limitations of the property, provided that such location is not intended
to circumvent the provisions of this section and that the buffer shall
be maintained to the greatest extent practicable. Additional plantings
or other buffering implements may be required within the buffer area
to create sufficient buffer. The Planning Board shall approve the
selection of the proper type and size of buffering techniques based
on existing site conditions, distances to property lines, and the
intensity of the land use. Buffering may consist of plantings, earth
berms, stone walls, grade changes, fencing, or a combination of some
or all of these techniques. Buffering may also be accomplished on
an adjacent property by easement or deed restriction.
E. Building standards.
(1)
Maximum building height. No building shall exceed 40 feet in height or four stories, whichever is less, as measured in accordance with §
315-52.
(2)
Minimum building separation. All buildings and structures shall
be separated by a minimum of 20 feet, as measured from the nearest
part of each structure to the other.
(3)
Minimum dwelling size. No dwelling unit (other than a dwelling
unit within a congregate housing, residential care facility, nursing
home, continuing care retirement community or community living arrangement)
shall have less than 600 square feet of floor area.
(4)
Special standards related to Map R04, Lot 34A. Notwithstanding any other provision of this section or any other applicable provisions of this Chapter
315, the portion of Map R04, Lot 34A that abuts the southeasterly side of Greely Road and consists of approximately 8.9 acres as identified in Appendix A to this section as the "Preservation Area," shall be maintained
in its existing state as of the original adoption of this section,
January 1, 2019. Specifically, the undeveloped portion of the property
within 500 feet of Greely Road, as it runs the full length of the
northeasterly boundary of Lot 34A, shall remain undeveloped in its
present natural state, except that paddock areas for the grazing of
animals may be expanded or installed and underground utilities may
be installed or modified. Within the Preservation Area, discreet wayfinding
or similar signage and a pedestrian access to Greely Road may be permitted
as long as such activities do not adversely impact the general character
of the viewshed. The undeveloped property within 500 feet of Greely
Road shall be mowed at least once per year and no additional trees
shall be planted to block the existing viewshed. Landscaping is permitted
along the access drive and adjacent to the existing structures to
the extent that it does not adversely affect the character of the
Preservation Area. Additionally, the view of the homestead on Lot
34A from Greely Road and the overall appearance, architecture and
character of the homestead as of January 1, 2019 shall remain substantially
the same as it existed as of that date, as depicted in Appendix B to this section. For purposes of this section, the homestead shall include the house, barn, landscaping, paddock areas and driveway and parking areas as depicted on Appendix A and Appendix B to this section. The existing structures may be redeveloped for the uses permitted under this section, but the footprint of the existing structures shall not be increased or decreased towards Greely Road, and the structures shall not be reconstructed or replaced, except as may be required due to structural damage that renders the structure uninhabitable or unusable or to provide access under the American with Disabilities Act or for the preservation and/or maintenance of the general character of the structures, including without limitation, replacement or alteration of the facade siding or replacement or maintenance of building landscaping. No additional parking shall be permitted within the Preservation Area, provided however, that nothing contained herein shall prevent the parking of vehicles in existing gravel or paved parking areas or the reconfiguration or modification of existing accessway and parking areas so long as such activities do not adversely impact the general character of the viewshed and so long as the reconfiguration or modification of the existing accessway or parking areas is not larger in square footage than its current configuration and is located substantially in the same area. Expansions or relocation of the existing accessway or parking areas shall be subject to Planning Board approval. The existing structures or other permitted activities may only be expanded in a direction that is not generally visible from Greely Road and does not affect the overall character of the homestead as generally shown in Appendix A and Appendix B, and any such expansions shall be subject to the requirements of Chapter
229 of this Code. Notwithstanding the limitations on development within the Preservation Area established in this section, the acreage of the Preservation Area may be included for purposes of calculating the net residential acreage of Map R04, Lot 34A.
F. Parking. Parking shall be required per dwelling unit based on the
type of housing provided, but in no event shall there be less than
one parking space per dwelling unit.
(1)
Dwelling units that are not part of a residential care facility
(i.e., detached, duplex or multiplex dwellings designed for independent
living arrangements) shall provide a minimum of two spaces per dwelling
unit;
(2)
Dwelling units that are part of a residential care facility
shall provide a minimum of one space per dwelling unit;
(3)
For all other permitted uses, refer to §
315-57 for minimum parking requirements.
G. Public utilities. All dwelling units within a senior housing community
shall be connected to the public water and public sewer systems.
H. Residential care facilities. The provisions of §
315-71 (Residential care facilities) shall not apply to senior housing communities in the Senior Housing Community Overlay District.
I. Road standards.
(1)
All roads within the Senior Housing Community Overlay District shall be designed in accordance with the residential subcollector roadway standards as contained in Article
VI and Table 2 of Chapter
250, Subdivision of Land, of the Cumberland Code.
(2)
The following roadway standards shall apply to all other roads
within the Senior Housing Community Overlay District:
Roadway Standards
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Dimensional Description
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Specification
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Right-of-way width
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|
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Minimum
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30 feet
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Maximum
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50 feet
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Roadway pavement width
|
|
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Serving less than 10 homes
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18 feet
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Serving 10 or more homes
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20 feet without curb
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|
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22 feet with curb
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Curbing
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Per Chapter 250 Attachment 1:2
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Paved sidewalk (applies only to primary access roads connecting
from Tuttle Road)
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5 feet (one side only)
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Minimum roadway center line grade
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Curbed and noncurbed
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1.0%
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Maximum roadway center line grade
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10%
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Minimum center line radius
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100 feet
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Minimum tangent length between curves of reverse alignment
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0 feet
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Minimum angle of street intersections
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75° (90° preferred)
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Minimum distance between street intersections on same side and
on opposite side
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100 feet
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Minimum pavement radii at intersections
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10 feet
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Minimum pavement crown
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1/4 inch per foot (2%)
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Minimum slope of gravel shoulder
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1/2 inch per foot (4%)
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Minimum K Factor, crest vertical curve
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15
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Minimum K Factor, sag vertical curve
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20
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MPH design speed
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25
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Maximum grade approaching intersection
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|
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50 or fewer vpd (within 25 feet)
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3%
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Greater than 50 vpd (within 50 feet)
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3%
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Primary access roads (within 75 feet)
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3%
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Minimum property line radius at intersection
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0 feet
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Dead-end turn around
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Per Chapter 250 Attachment 1:6
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