[Amended 9-10-2012; 4-14-2014; 2-11-2016; 4-11-2016; 7-24-2017; 11-22-2017]
The Zoning Map officially titled "Cumberland Zoning Map" dated
June 13, 1984, and amended on June 12, 1985, February 9, 1987, May
15, 1989, December 28, 1989, March 11, 1991, December 10, 1991, January
25, 1999, July 10, 2000, and October 22, 2007, and on file in the
office of the Town Clerk and filed with the Cumberland County Registry
of Deeds, is hereby adopted as part of this chapter. Regardless of
the existence of other printed copies of the Zoning Map, said Zoning
Map on file and as officially adopted by the Cumberland Town Council
shall be the final authority as to the location of zoning districts
in the Town; provided, however, that notwithstanding said Zoning Map,
the entire surface area of Basket Island is contained within the Resource
Protection District. The Town of Cumberland Zoning Map divides the
Town into the following districts:
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Rural Residential District 1
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RR1
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Rural Residential District 2
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RR2
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Low-Density Residential District
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LDR
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Medium-Density Residential District
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MDR
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Village Medium-Density Residential District
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VMDR
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Island Residential District
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IR
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Highway Commercial District
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HC
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Office Commercial North District
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OC-N
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Office Commercial South District
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OC-S
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Village Center Commercial District
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VCC
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Village Office Commercial I District
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VOC I
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Village Office Commercial II District
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VOC II
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Mixed-Use Zone
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MUZ
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Village Mixed-Use Zone
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V-MUZ
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Industrial District
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I
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Rural Industrial District
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RI
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Town Center District
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TCD
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Setback Overlay Districts
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Mobile Home Park Overlay District
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MHP
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Fairgrounds Overlay District
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Recreational Overlay Districts
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Val Halla Golf and Recreation Center Overlay District
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West Cumberland Recreational Facility Overlay District
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Route 100 Corridor Residential Overlay District
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West Cumberland Housing Overlay District
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Village Center Commercial (YCC) Multiplex Overlay District
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Office Commercial (South) Retail, Restaurant, Multiplex Dwelling,
Mixed-Use Overlay District
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Senior Housing Community Overlay District
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SHC
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The RR Districts primarily allow agriculture, low-density residential
and other low-density uses with the intent of maintaining significant
amounts of open space and a generally rural character.
A.
Rural Residential District 1 (RR1). The RR1 District requires larger
minimum lot sizes than does the RR2 District on the basis of the results
of the Community Groundwater Study, Cumberland, Maine, March 1989.
(1)
The following uses are permitted in the RR1 District:
(a)
Single-family detached dwellings.
(b)
Duplex dwellings.
(e)
Agriculture.
(f)
Animal husbandry on a site greater than three acres.
(h)
Manufactured housing and mobile homes in the Mobile Home Park
Overlay Zones as delineated on the Official Town Zoning Map.
[Amended 9-10-2012]
(m)
Animal husbandry on a site of three acres or less.
(n)
Cemeteries, subject to site plan review.
(o)
Religious institutions, subject to site plan review.
(p)
Private schools, subject to site plan review.
(r)
Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.
[Amended 9-13-2021]
(s)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(t)
Boarding kennels, subject to site plan review.
(u)
Private kennels.
(v)
Riding stables and schools, subject to site plan review.
(w)
Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.
(x)
Outdoor recreational facility, subject to site plan review.
(y)
Aboveground utility lines not located within public ways.
(z)
Municipal uses and buildings, subject to site plan review.
(aa)
Accessory structures of public utilities, subject to site plan
review.
(bb)
Veterinary office.
(cc)
Farm-based retail.
(dd)
Uses and buildings accessory to those above.
(ff)
Agritourism.
[Added 7-10-2023]
(3)
The following lot standards apply in the RR1 District:
(a)
Minimum lot size of four acres, except that the minimum lot
size shall be two acres for a lot served by sewer.
(b)
In the case of duplex or multiplex development, there shall
be no less than 2.5 acres of lot area per dwelling unit, except that
the minimum lot area per dwelling unit for a lot served by sewer shall
be one acre.
(c)
There shall be no less than 200 feet of lot frontage.
(5)
Notwithstanding the provisions of Subsection A(3), the owners of large parcels located in the RR1 District may create development lots that do not meet the minimum lot size requirement set forth in Subsection A(3), provided that all of the following standards are met:
(a)
The parcel from which the new development lot will be created
shall have no less than 25 contiguous acres in the same ownership
as of April 12, 1999. Parcels on the opposite sides of a Town road
or way shall not be considered contiguous for purposes of this subsection.
(b)
The creation of the new development lot does not result in the
creation of a subdivision as defined in 30-A M.R.S.A. § 4401
and does not require an amendment to an existing subdivision plan
recorded in the Cumberland County Registry of Deeds.
(c)
A development lot shall be at least two acres in size, unless
served by public sewer, in which case the development lot shall be
at least one acre in size.
(d)
The creator of the development lot must create an easement parcel somewhere on the large contiguous parcel to create the development lot. The easement parcel shall be no smaller than the minimum amount of land necessary to meet the minimum lot size required by Subsection A(3) when added to the land area of the development lot.
(e)
An easement parcel must meet one or more of the following standards:
[1]
The parcel is active farmland; for purposes of this subsection
only, "active farmland" is defined as hay fields, pasture, row crops,
and orchards.
[2]
The parcel preserves an area with an active trail that can be
used by the general public (as shown on the Greenbelt Plan or is an
obvious well-used trail).
[3]
The parcel provides a connection to an existing trail system
that can be used by the general public.
[4]
The parcel preserves a high-value wetland, wildlife habitat,
or stream, all as determined by the Maine Department of Inland Fisheries
and Wildlife.
[5]
The parcel provides access to a water body.
[6]
The parcel includes land included in the Resource Protection
District or the Stream Protection District.
[7]
The parcel buffers a piece of land owned by the Town.
[8]
There are no existing structures on the proposed easement parcel,
except for nonresidential structures that are necessary to an agricultural
or forestry use.
(f)
The creator of the easement parcel shall restrict the easement
parcel so that it cannot be used for development or construction of
any type other than nonresidential structures that are accessory to
agricultural or forestry use. In addition, the easement parcel may
not be used for density calculations for or any development purpose
other than those provided herein for the development lot. Any paving
of the easement parcel shall be restricted either to that necessary
for support of agricultural or forestry uses or to trails. The deed
creating the easement parcel shall state that it is perpetual and
it is created to benefit the development lot and shall include both
the purposes to which the parcel is limited and the development restrictions
required by this chapter. The deed creating the easement parcel shall
explicitly reference the deed for the development lot, and the deed
creating the development lot shall explicitly reference the easement
parcel. The creator of the easement parcel may hold the easement,
or the creator may transfer the easement to the Town, to a qualified
land trust, or to some other person or legal entity that will operate
the easement parcel for agricultural or forestry purposes. The creator
of the easement parcel may retain ownership of the fee interest in
the easement parcel or may transfer it subject to the provisions of
the easement. The owner of the development parcel does not have to
own the easement parcel or be the holder of the easement. The creator
of the easement parcel will provide copies of the proposed deeds to
the easement parcel and the development lot to the Town for approval
by the Town Manager and the Town Attorney prior to the sale of the
development lot and will also provide evidence that the proposed holder
of the easement has agreed to accept the easement. In no event shall
any building permit be issued for a development lot until the applicant
can demonstrate compliance with these provisions through the provision
of copies of deeds recorded in the Cumberland County Registry of Deeds.
B.
Rural Residential District 2 (RR2). The RR2 District requires a lesser
minimum lot size than does the RR1 District on the basis of the results
of the Community Groundwater Study, Cumberland, Maine, March 1989.
(1)
The following uses are permitted in the RR2 District:
(a)
Single-family detached dwellings.
(b)
Duplex dwellings.
(e)
Agriculture.
(f)
Animal husbandry on a site greater than three acres.
(h)
Manufactured housing and mobile homes in Mobile Home Park Overlay
Zones as delineated on the Official Town Zoning Map.
[Amended 9-10-2012]
(m)
Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.
(n)
Cemeteries, subject to site plan review.
(o)
Religious institutions, subject to site plan review.
(p)
Private schools, subject to site plan review.
(q)
Boarding kennels, subject to site plan review.
(r)
Private kennels.
(s)
Riding stables and schools, subject to site plan review.
(u)
Day-care centers and nursery schools for no more than 20 children, subject to the provisions of § 315-47 and site plan review.
(v)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(w)
Outdoor recreational facilities, subject to site plan review.
(x)
Aboveground utility lines not located within public ways.
(y)
Accessory structures of public utilities, subject to site plan
review.
(z)
Municipal uses and buildings, subject to site plan review.
(aa)
Veterinary office.
(bb)
Farm-based retail.
(cc)
Uses and buildings accessory to those above.
(ee)
Agritourism.
[Added 7-10-2023]
(3)
The following lot standards apply in the RR2 District:
(a)
Minimum lot size of two acres, whether or not the lot is served
by sewer.
(b)
In the case of duplex or multiplex development, there shall
be no less than 1.25 acres of lot area per dwelling unit, except that
the minimum lot area per dwelling unit for a lot served by sewer shall
be one acre.
(c)
There shall be no less than 200 feet of lot frontage.
(5)
Notwithstanding the provisions of Subsection B(3), the owners of large parcels located in the RR2 District may create development lots that do not meet the minimum lot size requirement set forth in Subsection B(3), provided that all of the following standards are met:
(a)
The parcel from which the new development lot will be created
shall have no less than 25 contiguous acres in the same ownership
as of April 12, 1999. Parcels on the opposite sides of a Town road
or way shall not be considered contiguous for purposes of this subsection.
(b)
The creation of the new development lot does not result in the
creation of a subdivision as defined in 30-A M.R.S.A. § 4401
and does not require an amendment to an existing subdivision plan
recorded in the Cumberland County Registry of Deeds.
(c)
A development lot shall be at least two acres in size, unless
served by public sewer, in which case the development lot shall be
at least one acre in size.
(d)
The creator of the development lot must create an easement parcel somewhere on the large contiguous parcel to create the development lot. The easement parcel shall be no smaller than the minimum amount of land necessary to meet the minimum lot size required by Subsection B(3) when added to the land area of the development lot.
(e)
An easement parcel must meet one or more of the following standards:
[1]
The parcel is active farmland; for purposes of this subsection
only, "active farmland" is defined as hay fields, pasture, row crops,
and orchards.
[2]
The parcel preserves an area with an active trail that can be
used by the general public (as shown on the Greenbelt Plan or is an
obvious well-used trail).
[3]
The parcel provides a connection to an existing trail system
that can be used by the general public.
[4]
The parcel preserves a high-value wetland, wildlife habitat,
or stream, all as determined by the Maine Department of Inland Fisheries
and Wildlife.
[5]
The parcel provides access to a water body.
[6]
The parcel includes land included in the Resource Protection
District or the Stream Protection District.
[7]
The parcel buffers a piece of land owned by the Town.
[8]
There are no existing structures on the proposed easement parcel,
except for nonresidential structures that are necessary to an agricultural
or forestry use.
(f)
The creator of the easement parcel shall restrict the easement
parcel so that it cannot be used for development or construction of
any type other than nonresidential structures that are accessory to
agricultural or forestry use. In addition, the easement parcel may
not be used for density calculations for or any development purpose
other than those provided herein for the development lot. Any paving
of the easement parcel shall be restricted either to that necessary
for support of agricultural or forestry uses or to trails. The deed
creating the easement parcel shall state that it is perpetual and
it is created to benefit the development lot and shall include both
the purposes to which the parcel is limited and the development restrictions
required by this chapter. The deed creating the easement parcel shall
explicitly reference the deed for the development lot, and the deed
creating the development lot shall explicitly reference the easement
parcel. The creator of the easement parcel may hold the easement,
or the creator may transfer the easement to the Town, to a qualified
land trust, or to some other person or legal entity that will operate
the easement parcel for agricultural or forestry purposes. The creator
of the easement parcel may retain ownership of the fee interest in
the easement parcel or may transfer it subject to the provisions of
the easement. The owner of the development parcel does not have to
own the easement parcel or be the holder of the easement. The creator
of the easement parcel will provide copies of the proposed deeds to
the easement parcel and the development lot to the Town for approval
by the Town Manager and the Town Attorney prior to the sale of the
development lot and will also provide evidence that the proposed holder
of the easement has agreed to accept the easement. In no event shall
any building permit be issued for a development lot until the applicant
can demonstrate compliance with these provisions through the provision
of copies of deeds recorded in the Cumberland County Registry of Deeds.
A.
The following uses are permitted in the LDR District:
(1)
Single-family detached dwellings.
(2)
Duplex dwellings.
(5)
Agriculture.
(9)
Cemeteries, subject to site plan review.
(10)
Religious institutions, subject to site plan review.
(11)
Private schools, subject to site plan review.
(13)
Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.
[Amended 9-13-2021]
(14)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(15)
Aboveground utility lines not located within public ways.
(16)
Municipal uses and buildings, subject to site plan review.
(17)
Riding stables and schools, subject to site plan review.
(18)
Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.
(19)
Accessory structures of public utilities, subject to site plan
review.
(20)
Uses and buildings accessory to those above.
C.
The following lot standards apply in the LDR District:
(1)
Minimum lot size of two acres, except that the minimum lot size for
lots served by sewer shall be 1.5 acres.
(2)
In the case of duplex or multiplex developments, there shall be no
less than 1.25 acres of lot area per dwelling unit, except that the
minimum lot area per dwelling unit for a lot served by sewer shall
be 0.75 acre.
(3)
There shall be no less than 150 feet of lot frontage.
E.
Multiplex development on any lot with frontage on Route 1 is required to be consistent with the Route 1 Design Standards.
[Added 5-8-2023]
A.
The following uses are permitted in the MDR District:
(1)
Single-family detached dwellings.
(2)
Duplex dwellings, so long as each such dwelling is connected to sewer
facilities.
(3)
Multiplex dwellings, so long as each such dwelling is connected to sewer facilities, and provided that multiplex dwellings are subject to the provisions of § 315-44.
(7)
Agriculture.
(8)
Cemeteries, subject to site plan review.
(9)
Religious institutions, subject to site plan review.
(10)
Private schools, subject to site plan review.
(12)
Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.
[Amended 9-13-2021]
(13)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(15)
Aboveground utility lines not located within public ways.
(16)
Accessory structures of public utilities, subject to site plan
review.
(17)
Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.
(18)
Municipal uses and buildings, subject to site plan review.
(19)
Uses and buildings accessory to those above.
C.
The following lot standards shall apply within the MDR District:
(1)
Minimum lot size of two acres, except that the minimum lot size for
lots served by sewer shall be one acre.
(2)
In the case of duplex or multiplex developments, the minimum lot
area per dwelling unit for a lot served by sewer shall be 0.5 acre.
(3)
There shall be no less than 150 feet of lot frontage.
The purpose of the VMDR Zone is to provide an area for medium-density
residential use with reduced lot standards to enable the development
of affordable housing.
A.
The following uses are permitted in the VMDR District:
(1)
Single-family detached dwellings.
(2)
Duplex dwellings.
(3)
Multiplex dwellings.
(5)
Bed-and-breakfasts and inns.
(6)
Municipal uses and buildings.
(8)
Religious institutions, subject to site plan review.
(9)
Private schools, subject to site plan review.
(11)
Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.
[Amended 9-13-2021]
(12)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(14)
Aboveground utility lines not located within public ways.
(15)
Accessory structures of public utilities, subject to site plan
review.
(16)
Extraction and/or bulk storage of groundwater or springwater for municipal or quasi-municipal purposes, subject to the provisions of § 315-69.
(17)
Uses and buildings accessory to those above.
A.
The following uses are permitted in the IR District:
(1)
Single-family detached dwellings.
(2)
Duplex dwellings.
(4)
Agriculture.
(5)
Uses related to commercial fishing, including storage and repair
of traps, seines, boats and other equipment, the keeping and cooking
of fish for sale at retail on the premises, and fish processing as
a home occupation.
(9)
Private kennels.
(10)
Municipal buildings and uses, subject to site plan review.
(11)
Accessory structures of public utilities, subject to site plan
review.
(12)
Cemeteries, subject to site plan review.
(13)
Private clubs, subject to site plan review.
(14)
Religious institutions, subject to site plan review.
(15)
Boat building, storage, or marina, subject to site plan review.
(16)
Private schools, subject to site plan review.
(17)
Boarding kennels, subject to site plan review.
(18)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(19)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(20)
Aboveground utility lines not located in a public way.
(21)
Animal husbandry.
(22)
Uses and buildings accessory to those above.
B.
The following uses are allowed as special exceptions in the IR District,
requiring the approval of the Board of Adjustment and Appeals:
D.
The following minimum setbacks are required for all structures in
the IR District, except that sheds and driveways are permitted to
a minimum setback of 15 feet from the side and rear lot lines:
[Amended 9-10-2012]
The purpose of the HC District is to allow a wide range of business
and professional uses that provide Town-wide service as well as roadside
service for through traffic on major arterials. Site plan review and
approval by the Planning Board are required, with the exception of
single-family dwellings, bed-and-breakfasts with three or fewer guest
bedrooms, and day-care homes.
A.
The following uses are permitted in the HC District:
[Amended 7-23-2012]
(1)
Single-family detached dwellings.
(2)
Duplex dwellings.
(3)
Multiplex dwellings.
(5)
Business and professional offices.
(7)
Catering.
[Added 6-1-2015]
(8)
Commercial
kitchens.
[Added 6-1-2015]
(9)
Health
and fitness studio.
[Added 6-1-2015]
(10)
Outdoor seating area.
[Added 6-1-2015]
(11)
Restaurants.
(12)
Personal services.
(13)
Private clubs.
(14)
Lodging houses.
(15)
Private schools.
(16)
Landscaping services.
(17)
Retail store.
(18)
Gasoline station.
(19)
Motor vehicle sales.
(20)
Motor vehicle service/repair.
(22)
Hotels; motels.
(23)
Buildings accessory to single-family dwellings.
(25)
Municipal uses and buildings.
(26)
Agriculture.
(27)
Animal husbandry.
(31)
Contractor's space.
(32)
Warehousing and wholesale distribution related thereto, but
exclusive of junkyards and salvaging operations.
(33)
Transportation facilities.
(34)
Light manufacturing, as defined.
(35)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(36)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(37)
Boarding kennels.
(38)
Aboveground utility transmission lines not located within public
ways.
(39)
Accessory structures of public utilities.
(40)
Veterinary office.
(41)
Uses and buildings accessory to those above.
C.
The following lot standards apply in the HC District:
[Amended 7-23-2012]
The purpose of the OC-N District is to allow a limited range
of employment-intensive commercial uses with low-intensity land use
impacts, measured in terms of traffic generation, environmental effects,
and building scale and site layout. The OC-N District is intended
to allow higher-density residential development and commercial health
and recreation facilities. Site plan review and approval by the Planning
Board are required, with the exception of day-care homes and bed-and-breakfasts
with three or fewer guest bedrooms. All development in this zone is
encouraged to be consistent with the Route 1 Design Guidelines.[1]
A.
The following uses are permitted within the OC-N District:
(1)
Business and professional offices.
(2)
Research facilities.
(4)
Duplex or multiplex dwellings, subject to the following:
(a)
The minimum lot size shall be 20,000 square feet per dwelling
unit, except that for units constructed specifically for persons 55
years of age or older the minimum lot size shall be 10,000 square
feet per dwelling unit.
(b)
No more than 40% of a tract or parcel developed hereunder shall
be required to be reserved as open space.
(c)
All dwelling units shall be connected to the public water and
sewer system.
(5)
Commercial health and recreation facility.
(7)
Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:
(a)
The minimum lot size shall be four acres.
(b)
All facilities shall be connected to the public water and sewer
systems.
(c)
The total gross area of all building footprints on the site
shall not exceed 30,000 square feet for each four acres of lot area.
Additional building footprints of 30,000 square feet shall be permitted
for each additional land area increment of four acres.
(d)
Buildings and parking lots shall cover not more than 25% of
the lot.
(9)
Contractor's space.
(10)
Light manufacturing, as defined.
(11)
Hotels and motels.
(12)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(13)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(14)
Municipal uses and buildings.
(15)
Accessory structures of public utilities.
(16)
Aboveground utility transmission lines not located within public
ways.
(17)
Veterinary office.
(18)
Uses and buildings accessory to those above.
C.
The following lot standards apply in the OC-N District:
(1)
Minimum lot size of one acre, except that the minimum lot size per dwelling unit in a duplex or multiplex development under Subsection A(4) above shall be 20,000 square feet, except that for units constructed specifically for persons 55 years of age or older the minimum lot size shall be 10,000 square feet per dwelling unit.
(2)
There shall be no less than 150 feet of lot frontage.
[1]
Editor's Note: The Route 1 Design Guidelines are included as an attachment to this chapter.
The purpose of the OC-S District is to allow a limited range
of employment-intensive commercial uses with low-intensity land use
impacts, measured in terms of traffic generation, environmental effects,
and building scale and site layout. All development in this zone is
encouraged to be consistent with the Route 1 Design Guidelines.[1] Site plan review and approval by the Planning Board are
required, with the exception of day-care homes and bed-and-breakfasts
with three or fewer guest bedrooms.
A.
The following uses are permitted within the OC-S District:
(1)
Business and professional offices.
(2)
Research facilities.
(4)
Commercial health and recreation facility.
(6)
Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:
(a)
The minimum lot size shall be four acres.
(b)
All facilities shall be connected to the public water and sewer
systems.
(c)
The total gross area of all building footprints on the site
shall not exceed 30,000 square feet for each four acres of lot area.
Additional building footprints of 30,000 square feet shall be permitted
for each additional land area increment of four acres.
(d)
Buildings and parking lots shall cover not more than 25% of
the lot.
(8)
Contractor's space.
(9)
Light manufacturing, as defined.
(10)
Hotels and motels.
(11)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(12)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(13)
Associated retail.
(14)
Municipal uses and buildings.
(15)
Accessory structures of public utilities.
(16)
Aboveground utility transmission lines not located within public
ways.
(17)
Veterinary office.
(18)
Uses and buildings accessory to those above.
[1]
Editor's Note: The Route 1 Design Guidelines are included as an attachment to this chapter.
A.
Purpose. The purpose of the Village Center Commercial District is
to provide an area that allows for a mix of commercial uses such as
retail sales, restaurants and business and professional offices. Pedestrian
and bicycle travel will be safely provided through the use of sidewalks
and bike lanes.
(1)
All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]
[1]
Editor's Note: The Route 100 Design Standards are included as an attachment to this chapter.
(2)
There shall be a twenty-five-foot landscape buffer for any property
with frontage on Route 100. The applicant shall either improve this
landscape buffer with a sidewalk, trees, and other landscaping and
street furniture, as approved by the Planning Board as part of site
plan approval for the site, or shall, in the alternative, grant a
landscape easement to the Town for the purpose of installation and
maintenance of the required sidewalk and other streetscape improvements.
B.
The following uses are permitted within the VCC District:
(1)
Auto repair service garage.
(2)
Business and professional offices, to include those with drive-through
facilities.
(4)
Catering.
[Added 6-1-2015]
(5)
Commercial
kitchens.
[Added 6-1-2015]
(6)
Health
and fitness studio.
[Added 6-1-2015]
(7)
Gasoline stations.
(8)
Restaurants.
(9)
Retail store (maximum footprint of 25,000 square feet).
(10)
Outdoor seating area.
[Added 6-1-2015]
(11)
Grocery stores (maximum footprint of 35,000 square feet).
(12)
Veterinary office.
(13)
Commercial health and recreation.
(14)
Personal services.
(15)
Landscaping services and retail.
(16)
Motor vehicle sales.
(17)
Research facilities.
(19)
Commercial health and recreation facility.
(21)
Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:
(a)
The total gross area of all building footprints on the site
shall not exceed 30,000 square feet for each four acres of lot area.
Additional building footprints of 30,000 square feet shall be permitted
for each additional land area increment of four acres.
(23)
Contractor's space.
(24)
Light manufacturing, as defined.
(25)
Hotels and inns.
(26)
Warehousing and distribution (three-hundred-foot minimum setback
restriction from Route 100).
(27)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(28)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(29)
Accessory structures of public utilities.
(30)
Aboveground utility transmission lines not located within public
ways.
(31)
Municipal uses.
(32)
Aggregate processing less rock crushing on the westerly side
of Route 100, and on the southerly side of Blackstrap Road, with a
five-hundred-foot setback from Route 100.
(33)
Construction operations on the westerly side of Route 100, and
on the southerly side of Blackstrap Road, with a five-hundred-foot
setback from Route 100.
(34)
Uses and buildings accessory to those above.
E.
The following setbacks are required for all structures in the VCC
District:
(1)
Front: 25 feet. (Note: The front setback for lots with frontage on
Route 100 in this district shall include the required twenty-five-foot
landscape easement to the Town of Cumberland.)
[Amended 9-26-2022]
(2)
Rear: 50 feet. (Note: Where a proposed nonresidential use will abut
an existing residential zone, there shall be a twenty-five-foot landscaped
buffer within the required setback.)
(3)
Side: 15 feet.
A.
Purpose. The purpose of the Village Office Commercial I District is to provide substantial areas for integrated development of professional offices and related businesses in a park- or campus-like setting which are of a unified architectural design and landscaping, compatible with the natural surroundings. All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]
[1]
Editor's Note: The Route 100 Design Standards are included as an attachment to this chapter.
B.
The following uses are permitted within the VOC I District:
(1)
Business and professional offices with drive-through facilities.
(3)
Commercial
kitchens.
[Added 6-1-2015]
(4)
Commercial schools.
(5)
Commercial health and recreation facilities.
(6)
Health
and fitness studio.
[Added 6-1-2015]
(7)
Outdoor recreation facilities, subject to site plan review if required.
[Amended 4-14-2014]
(8)
Municipal uses.
(11)
Multiplex dwellings.
(12)
Riding stables and schools.
(13)
Bed-and-breakfasts.
(14)
Contractor's space.
(15)
Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:
(a)
The total gross area of all building footprints on the site
shall not exceed 30,000 square feet for each four acres of lot area.
Additional building footprints of 30,000 square feet shall be permitted
for each additional land area increment of four acres.
(16)
Light manufacturing, as defined.
(18)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(19)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(20)
Agriculture uses.
(21)
Accessory structures of public utilities.
(22)
Aboveground utility transmission lines not located within public
ways.
(23)
Veterinary office.
D.
E.
The following setbacks are required for all structures in the VOC
I District:
A.
Purpose. The purpose of the Village Office Commercial II District is to provide for the flexible development or redevelopment of an area that has historically featured a mix of residential and retail uses. All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]
[1]
Editor's Note: The Route 100 Design Standards are included as an attachment to this chapter.
B.
The following uses are permitted within the VOC II District:
(1)
Business and professional offices without drive-through facilities.
(2)
Commercial schools.
(3)
Commercial health and recreation facilities.
(4)
Outdoor recreation facilities, subject to site plan review if required.
[Amended 4-14-2014]
(5)
Municipal uses.
(8)
Multiplex dwellings.
(9)
Riding stables and schools.
(10)
Bed-and-breakfasts.
(11)
Contractor's space.
(12)
Agriculture uses.
(13)
Light manufacturing, as defined.
(15)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(16)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(17)
Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:
(a)
The total gross area of all building footprints on the site
shall not exceed 30,000 square feet for each four acres of lot area.
Additional building footprints of 30,000 square feet shall be permitted
for each additional land area increment of four acres.
(18)
Accessory structures of public utilities.
(19)
Aboveground utility transmission lines not located within public
ways.
(20)
Veterinary office.
C.
The following uses are allowed as special exceptions in the VOC II
District, requiring the approval of the Board of Adjustment and Appeals:
E.
The following setbacks are required for all structures in the VOC
II District:
A.
Purpose. The purpose of the Mixed-Use Zone is to provide an area along the Route 100 Corridor that will accommodate a mix of residential, retail and office uses in a campus-like setting. All development in this district shall be consistent with the Town of Cumberland Route 100 Design Standards.[1]
[1]
Editor's Note: The Route 100 Design Standards are included at the end of this chapter.
B.
The following uses are permitted within the MUZ District:
(1)
Business and professional offices, with drive-through facilities.
(2)
Restaurants.
(3)
Retail (maximum footprint of 25,000 square feet).
(4)
Grocery stores (maximum footprint of 35,000 square feet).
(5)
Commercial schools.
(6)
Commercial health and recreation.
(7)
Multiplex dwellings.
(8)
Riding stables and schools.
(9)
Hotels and inns.
(10)
Bed-and-breakfasts.
(11)
Personal services.
(12)
Municipal uses.
(13)
Commercial health and recreation.
(16)
Agriculture uses.
(17)
Contractor's space.
(18)
Residential care facilities, subject to the provisions of § 315-71, except that for the purposes of this district those provisions shall be modified as follows:
(a)
The total gross area of all building footprints on the site
shall not exceed 30,000 square feet for each four acres of lot area.
Additional building footprints of 30,000 square feet shall be permitted
for each additional land area increment of four acres.
(19)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(20)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(21)
Light manufacturing, as defined.
(22)
Veterinary office.
(24)
Accessory structures of public utilities.
(25)
Aboveground utility transmission lines not located within public
ways.
(26)
Uses and buildings accessory to those above.
C.
E.
The following setbacks are required for all structures in the MUZ
District:
A.
Purpose.
(1)
The purpose of the Village Mixed-Use Zone is to provide an area that
allows for a dense, village-like development that promotes a neighborhood
feel by allowing for a mix of residential types as well as for small-scale
office, commercial, retail and restaurant uses with interconnected
streets, sidewalks and trails.
B.
The following uses are permitted in the V-MUZ District:
(1)
Dwelling, detached.
(2)
Dwellings, duplex and multiplex, to include condominiums, apartments
and senior housing.
(4)
Personal services.
(5)
Business and professional offices.
(6)
Markets, maximum 5,000 square feet, with no drive-through.
(7)
Restaurants, maximum footprint of 3,000 square feet, with no drive-through and in accordance with Subsection F(3) of this section.
(8)
Retail stores, maximum footprint of 2,000 square feet per business
unit.
(9)
Private schools.
(10)
Research facilities.
(11)
Municipal uses and buildings.
(14)
Commercial health and recreation facility.
(15)
Day-care centers and nursery schools for no more than 20 children, subject to the provisions of § 315-47 and site plan review.
(16)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(17)
Religious institutions.
(18)
Accessory structures of public utilities.
(19)
Uses and buildings accessory to those above.
D.
The following lot standards apply within the V-MUZ District:
[Amended 10-12-2015; 5-8-2023]
F.
The following performance standards shall apply within the V-MUZ
District; provided, however, that the Planning Board may determine,
based on the specific elements of a proposed development, that the
standards be modified:
(1)
Building design. New structures within the district shall be of a
New England architectural style and materials. This includes clapboard,
shingle, or brick siding (composed of natural or composite materials),
pitched rooflines, and neutral colors.
(2)
Lighting. The use of exterior lighting shall be only as required
for safety and to identify, during business hours only, businesses,
parking areas and sidewalks. Fixtures shall be fully shielded, giving
off no light above the horizontal plane. There shall be no internally
illuminated signs.
(3)
Restaurant standards. Outdoor seating is permitted but must be buffered
from adjacent uses by fencing and plantings unless located between
the front of the structure and the public right-of-way. Kitchen ventilation
hoods will not be mounted on the front or street side of the building
and will be located to minimize impact on neighboring properties.
(4)
Road and drainage design standards. Road design as follows:
(5)
Parking standards. Parking shall be located to the side or rear of
both residential and commercial structures. There shall be no garage
doors facing the street. On-street parking may be allowed upon Planning
Board approval.
(6)
Buffering and landscaping. All uses must provide for the buffering
of adjacent uses where there is a transition from one type of use
to another use and for the screening of mechanical equipment and service
and storage areas. The buffer may be provided by distance, landscaping,
fencing, changes in grade and/or a combination of these or other techniques.
G.
Definition of market. "Market" means a retail store selling primarily
food products that does not exceed 5,000 square feet.
The purpose of the Industrial District is to provide controlled
areas for manufacturing, production, processing, treatment, research,
warehousing and distribution as well as other compatible but less
intensive uses with the goal of creating employment opportunities
within the Town of Cumberland.
A.
The following uses are permitted in the Industrial District, subject
to site plan review:
(1)
Industrial.
(2)
Low impact industrial.
(4)
Aggregate processing.
(5)
Boarding kennels.
(6)
Business and professional offices.
(8)
Commercial
kitchens.
[Added 6-1-2015]
(9)
Commercial health and recreation.
(10)
Landscaping services.
(11)
Retail store.
(12)
Personal services.
(13)
Private kennels.
(14)
Veterinary office.
(16)
Contractor's space.
(17)
Motor vehicle service/repair.
(18)
Wholesale distribution facilities.
(19)
Warehousing and storage.
(20)
Construction operations.
(21)
Research facilities.
(26)
Primary buildings of a public utility.
(27)
Aboveground utility transmission lines not located within public
ways.
(28)
Agriculture.
(29)
Animal husbandry.
(30)
Municipal uses and buildings.
(32)
Uses and buildings accessory to those above.
B.
The following uses are allowed as special exceptions in the Industrial
District, requiring the approval of the Board of Adjustment and Appeals:
D.
The following setbacks are required for all structures in the Industrial
District:
(1)
Front: 45 feet.
(2)
Rear: 50 feet.
(3)
Side: 15 feet. (Note: Where a proposed nonresidential use will abut
an existing residential zone, the side setback shall be 75 feet, of
which 15 feet will be a landscaped buffer consisting of vegetation,
fencing or a landscaped berm or a combination of the three, provided
that the landscape buffer may be waived by the Planning Board when
the topography of the site makes the buffering ineffective.)
The purpose of the Rural Industrial District is to establish
a mixed zone of rural residential, industrial, commercial, and associated
retail uses, including home occupations. Site plan review and approval
are required for all uses, with the exception of residential uses,
which term for purposes of this section is defined to consist of the
following uses: single-family detached dwellings, duplex dwellings,
day-care homes, bed-and-breakfasts with three or fewer guest rooms
and home occupations. For purposes of this section, the term "nonresidential
uses" is defined to consist of all permitted and special exception
uses in the RI District other than residential uses. In this district,
additional uses shall be permitted on the same lot, provided that
each use meets the required minimum lot size requirement.
A.
The following uses are permitted in the Rural Industrial District:
[Amended 9-10-2012]
(1)
Single-family detached dwellings.
(2)
Duplex dwellings.
(4)
Agriculture and animal husbandry.
(6)
Commercial
kitchens.
[Added 6-1-2015]
(7)
Light manufacturing and associated retail.
(8)
Warehousing and wholesale distribution and associated retail.
(9)
Research facilities.
(10)
Municipal uses and buildings.
(12)
Railroad facilities.
(13)
Residential care facilities.
(14)
Business and professional offices.
(15)
Construction operations.
(16)
Timber harvesting.
(18)
Contractor's space.
(19)
Day-care centers and nursery schools, subject to the provisions of § 315-47 and site plan review.
(20)
Day-care center, adult, for no more than 20 persons, subject
to site plan review or special exception as required.
(21)
Motor vehicle service/repair, excluding storage and sale of
gasoline or motor fuel.
(22)
Aboveground utility transmission lines not located within public
ways.
(23)
Primary buildings of a public utility, subject to site plan
review.
(24)
Veterinary office.
(25)
Uses and buildings accessory to those above.
B.
The following uses are allowed as special exceptions in the Rural
Industrial District, requiring the approval of the Board of Adjustment
and Appeals:
C.
The following lot standards shall apply in the RI District:
(1)
Minimum lot size of 60,000 square feet, whether or not the lot is
served by sewer, which allows for up to two principal uses.
(2)
There shall be no less than 40,000 square feet of lot area per dwelling
unit, except that the minimum lot area per dwelling unit for a lot
served by sewer shall be 20,000 square feet.
[Amended 5-8-2023]
(3)
There shall be no less than 150 feet of lot frontage on a public
right-of-way.
D.
E.
When a new nonresidential use is proposed on a lot that abuts an
existing residential use, the following buffering provisions shall
be required:
(1)
There shall be provided and maintained a twenty-five-foot-wide buffer
along said lot boundary in order to buffer and screen the residential
uses from the nonresidential uses on the adjoining parcel(s). This
buffer shall contain screening that is at least six feet in height.
This screening shall consist of one or some combination of the following:
fencing, evergreens, shrubs, berms, rocks, boulders, mounds, bushes,
and deciduous trees. Said screening may consist in whole or in part
of natural vegetation, and the six-foot-high screening need not extend
across the entire twenty-five-foot width of the buffer so long as
the screening is sufficient to minimize the effects of vehicle headlights,
noise, light from structures and the movement of people and vehicles
on adjacent properties.
(2)
Unless the residential lot has received subdivision review from the
Planning Board and the Planning Board has required screening under
this chapter as a condition of subdivision approval, the Code Enforcement
Officer shall review the proposed buffer and screening at the time
that a building permit is requested to determine whether the proposed
buffer and screening comply with the standards of this chapter. This
buffer and screening must be completed before a use permit or temporary
use permit can be issued by the Code Enforcement Officer.
A.
The purpose of the Town Center District (TCD) is to provide an area
in the center of Town that will allow for a mix of residential and
low-intensity commercial uses that will enhance the livability and
sustainability of the community.
(1)
All multiplex and nonresidential development shall be subject to the Town Center District Design Standards.[1]
[1]
Editor's Note: The Town Center District Design Standards are included as an attachment to this chapter.
(3)
All development in this area shall be connected to public water and
sewer, when available.
B.
The following uses are permitted in the TCD:
(1)
Single-family dwellings.
(2)
Duplex dwellings.
(5)
Personal services.
(6)
Business and professional offices.
(7)
Retail stores, maximum 2,000 square feet. Square footage shall not
include internal storage areas.
(8)
Small markets, maximum 2,500 square feet, with no drive-through.
Square footage shall not include internal storage areas.
(9)
Cafes, maximum 2,500 square feet, with no drive-through and in accordance with § 315-18F(3). Square footage shall not include internal storage areas and outdoor seating areas. Square footage shall include bathrooms, prep areas, cooking area and dining area.
[Amended 6-1-2015]
(11)
Health and fitness studio.
(12)
Day-care centers and nursery schools for no more than 50 children, subject to the provisions of § 315-47 and site plan review.
[Amended 6-14-2021; 9-13-2021]
(13)
Municipal uses and buildings.
(15)
Uses and buildings accessory to those above, except that no
accessory storage units and buildings for nonresidential uses shall
be permitted.
C.
The following uses are allowed as special exceptions in the TCD,
requiring the approval of the Board of Adjustment and Appeals:
D.
The following lot standards shall apply within the TCD:
(1)
Minimum lot size of 10,000 square feet per unit if on public sewer;
20,000 square feet if not on public sewer.
(2)
In the case of duplex or multiplex developments, the minimum lot
area per dwelling unit shall be no less than 5,000 square feet if
on public sewer.
(3)
There shall be no less than 80 feet of lot frontage. This provision
shall not apply to Map U13 Lot 109.
(4)
There may be multiple uses on one parcel as long as each use meets
the required lot standards.
F.
The following performance standards shall apply within the TCD; provided, however that the Planning Board may determine, based on the specific elements of a proposed development, that the standards be modified. For additional requirements relating to building and site improvements, refer to the Town Center District Design Standards.
(1)
Building design. New structures, excluding single-family homes, within
the district shall be of a New England architectural style and materials
consistent with Section 2.1 of the Design Standards.
(2)
Lighting. The use of exterior lighting shall be only as required
for safety and to identify, during business hours only, businesses,
parking areas and sidewalks. Fixtures shall be fully shielded, giving
off no light above the horizontal plane. There shall be no internally
illuminated signs. No greater than one footcandle of lighting is permitted
on the site, and there shall be zero footcandle at the property line.
(3)
Cafe standards.
(a)
Seating shall be limited to 48 seats.
(b)
No more than 20 square feet of advertising shall be permitted on
site. There shall be no advertising placed in windows or doorways
of the building. Advertising shall not include internally illuminated
signs.
(c)
Kitchen ventilation hoods will not be mounted on the front door street
side of the building and will be located to minimize impact on neighboring
properties.
(d)
Outdoor seating is permitted but must be buffered from adjacent uses by fencing and plantings unless located between the front of the structure and the public right-of-way. Outdoor seating shall not be counted toward the total seating referenced in Subsection F(3)(a). Outdoor seating shall be permitted for up to 16 seats unless the Planning Board finds the unique characteristics of the site allows for additional outdoor seating. No additional parking shall be required for outdoor seating.
[Amended 6-1-2015]
(e)
All parking and loading facilities shall be located to the side or
rear of the building and shall be screened from abutting residences
within 200 feet. Screening shall be comprised of a continuous landscaped
area not less than eight feet in width containing evergreen shrubs,
trees, fences, walls, berms, or any combination, forming a visual
barrier not less than six feet in height.
(f)
Rest room facilities for the patrons shall be provided on the premises.
(4)
Parking standards. Parking shall be located to the side or rear of
multiplex residential and nonresidential structures.
(5)
Buffering and landscaping. All nonresidential uses must provide for
the buffering of adjacent uses, where there is a transition from one
type of use to another use, and for the screening of mechanical equipment
and service and storage areas. The buffer may be provided by distance,
landscaping, fencing, changes in grade and/or a combination of these
or other techniques.
(6)
Hours of operation. All nonresidential uses in the TCD shall be open
for business only within the time frame of 6:00 a.m. to 9:00 p.m.
(7)
Commercial deliveries. Commercial deliveries shall be limited to
the hours of 7:00 a.m. to 7:00 p.m. for all nonresidential uses added
to the district after April 11, 2011.
(8)
Noise.
(a)
Intent. These performance standards governing noise are intended
to ensure that the rights of property owners, as well as the overall
health and general welfare of the district, are not diminished by
unreasonable noise levels generated by any permitted or special exception
use within the district.
(b)
Maximum permissible sound level. The maximum permissible sound level
produced by any continuous, regular, or frequent source of sound or
noise shall not exceed a measurable level of 75 dB beyond the property
boundaries of the site upon which the sound or noise is generated
or originates.
(c)
Sound or noise abatement. In order to comply with these maximum sound
level requirements, sound or noise level abatement techniques may
be used to mitigate levels of site-generated sound or noise. To this
end, modern acoustical technology may be applied to achieve compliance
with these regulations.
(d)
Measurement of sound or noise. In cases where sound measurements
are required in order to ensure compliance with these regulations,
measurements shall be:
[1]
Taken with a device meeting the standards of the American National
Standards Institute, American Standard Specifications for General
Purpose Sound Level Meters;
[2]
Taken at a height of four feet above prevailing grade at the property
boundary in question;
[3]
Taken with the instrument set to the A-weighted response scale; and
[4]
Recorded by an individual familiar with sound measurement and the
particular device being used.
(e)
Exemptions.
[1]
Activities related to public and private construction or maintenance
work, agriculture, emergency warning devices, and other similar short-term
or temporary uses may be administratively exempted from the requirements
of this section if, in the opinion of the Code Enforcement Officer
or his/her agent, sufficient reason exists to do so.
[2]
In these special circumstances, the Code Enforcement Officer may
place reasonable conditions (such as time limitations and hours of
operation) on such an exemption.
