A. 
Setback Overlay District 1. The following minimum setbacks are required for all structures in the Setback Overlay District 1; the setbacks shall be the lesser of the distance from the existing building to the nearest property line or the stated limit below:
(1) 
Front: the setback for the underlying district.
(2) 
Side: 10 feet.
(3) 
Rear: 25 feet principal structure (including decks and porches); 10 feet all other buildings.
B. 
Setback Overlay District 2. The following minimum setbacks are required for all structures in the Setback Overlay District 2; the setbacks shall be the lesser of the distance from the existing building to the nearest property line or the stated limit below:
(1) 
For the LDR District:
(a) 
Front: 50 feet, provided that no front setback need be greater than the average depth of the existing front setbacks on the adjoining lots on either side of the lot. A vacant lot shall be considered as having an existing front setback requirement of 50 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Side: 15 feet and a combined setback of 35 feet for the principal structure (including decks and porches); eight feet all other buildings.
(c) 
Rear: 40 feet for the principal structure (including decks and porches), except that for lots with an average depth of 100 feet or less, the setback requirement for the principal structure shall be no less than 25% of the average depth of the lot; 10 feet all other buildings.
(2) 
For the MDR and RR2 Districts:
(a) 
Front: 35 feet, provided that no front setback need be greater than the average depth of the existing front setbacks on the adjoining lots on either side of the lot. A vacant lot shall be considered as having an existing front setback requirement of 35 feet.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Side: 15 feet and a combined setback of 35 feet for the principal structure (including decks and porches); eight feet all other buildings.
(c) 
Rear: 40 feet for the principal structure (including decks and porches), except that for lots with an average depth of 100 feet or less, the setback requirement for the principal structure shall be no less than 25% of the average depth of the lot; 10 feet all other buildings.
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.
(2) 
Antique fairs and shows.
(3) 
Art fairs and shows.
(4) 
Auctions.
(5) 
Barbecues.
(6) 
Boat shows.
(7) 
Car shows.
(8) 
Car club meets.
(9) 
Circuses.
(10) 
Craft fairs and shows.
(11) 
Cultural events.
(12) 
Dog shows.
(13) 
Farm and garden shows.
(14) 
Home shows.
(15) 
Horse shows.
(16) 
Jamborees, scouting events, 4-H club events, etc.
(17) 
Picnics.
(18) 
Public events and suppers.
(19) 
Sporting events.
(20) 
Concerts.
(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.
A. 
The Val Halla Golf and Recreation Center, delineated as R04, Lot 41, on the official Town of Cumberland Tax Assessor's Map dated April 1, 2001, is hereby designated as an overlay district within the Medium-Density Residential District for the purposes designated herein.
B. 
All recreational uses listed below shall be allowed as permitted uses in the Val Halla Golf and Recreation Center Overlay District:
(1) 
Active recreational uses, including golf, tennis, cross-country skiing, sledding, and snowshoeing.
(2) 
Passive recreational uses, including walking trails and areas for bird and wildlife observation.
(3) 
Golf clubhouse, including a pro shop and food and beverage service.
(4) 
Banquet facilities and outdoor receptions, including tables, tents, and chairs.
(5) 
Public facility and outdoor recreational facility (as defined).
(6) 
Offices accessory to permitted uses.
(7) 
Offices for recreational services or recreational support services.
(8) 
Parking associated with permitted uses.
(9) 
Other uses determined by the Code Enforcement Officer to be similar in size, scope, type and impact to those uses permitted by this section.
C. 
Notwithstanding the requirements of Chapter 229, Site Plan Review, accessory storage buildings up to 400 square feet in size shall not require site plan review.
D. 
Buildings in existence as of the date of adoption of this section on July 28, 2008, shall meet the following lot size and setback requirements:
(1) 
Setback.
(a) 
Front: five feet.
(b) 
Rear: five feet.
(c) 
Side: zero feet.
(2) 
Lot size: 20,000 square feet with sewer and 50 feet of frontage on a street, private way or existing driveway.
(3) 
All new buildings exceeding 400 square feet shall require site plan review in accordance with Chapter 229, Site Plan Review.
A. 
The West Cumberland Recreational Facility Overlay District, delineated as Map R07, Lot 34A, 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 (RR2) for the purposes designated herein.
B. 
All recreational uses listed below shall be allowed as permitted uses in the West Cumberland Recreational Facility Overlay District:
(1) 
Passive and active recreational uses, including hiking, cross-country skiing, and playing fields, both improved and unimproved.
(2) 
Accessory lighting for fields and parking areas.
(3) 
Public facility and outdoor recreational facility (as defined).
(4) 
Accessory structures, including but not limited to inclement weather shelters, bathroom facilities, and equipment storage.
(5) 
Parking associated with permitted uses.
(6) 
Engineered seating structures, with site plan approval by the Planning Board.
(7) 
Other uses determined by the Code Enforcement Officer to be similar in size, scope, type and impact to those uses permitted by this section.
A. 
Purpose. The purpose of this overlay is to allow limited residential uses along the Route 100 Corridor commercial districts on lots that are not developable for commercial use due to restrictions on Route 100 access by the Maine Department of Transportation.
B. 
Permitted uses.
(1) 
Dwelling, attached.
(2) 
Dwelling, detached.
(3) 
Dwelling, duplex.
(4) 
Dwelling, multiplex.
(5) 
Any use permitted in the underlying district.
C. 
Minimum lot standards. The minimum lot size and setbacks for all new uses in this overlay shall be those of the underlying district.
[Added 4-14-2014]
A. 
Purpose. The purpose of the West Cumberland Housing Overlay District is to allow residential uses with greater density in order to create additional housing opportunities within the existing rural residential and industrial districts. These regulations are intended to encourage the development of affordable housing units by assisting developers in making the provision of these units economically viable, while providing assurances to the Town that these units will maintain a high degree of quality and will remain affordable to the target population over a reasonable duration of time.
B. 
District. The West Cumberland Housing Overlay District, as delineated on the official Town of Cumberland Tax Assessor's Map, is hereby designated as an overlay district within the Rural Residential and Industrial Districts for the purposes designated herein. Properties in the West Cumberland Housing Overlay District shall continue to be governed by the regulations applicable to the underlying zoning districts except as specifically provided herein.
C. 
Permitted uses. In addition to the permitted uses allowed in the underlying zoning districts and notwithstanding anything to the contrary in the regulations for the underlying zoning districts, the following uses are permitted uses in the West Cumberland Housing Overlay District:
(1) 
Single-family detached dwellings.
(2) 
Duplex dwellings.
(3) 
Multiplex dwellings, subject to the provisions of § 315-44.
(4) 
An accessory dwelling unit as permitted in § 315-45A.
D. 
Lot standards. Notwithstanding anything to the contrary in the regulations for the underlying zoning districts, the following lot standards apply within the West Cumberland Housing Overlay District:
(1) 
Setbacks. Setbacks shall be the lesser of the distance from the existing building to the nearest property line or the stated limit below. The following minimum setbacks are required for all structures in the West Cumberland Housing Overlay District:
(a) 
Front: 25 feet.
(b) 
Rear: 50 feet, except that sheds may be permitted to a minimum setback of 15 feet from the rear lot line.
(c) 
Side: 10 feet, combined width a minimum of 25 feet.
(2) 
Minimum lot size.
(a) 
20,000 square feet for single-family dwelling units.
(b) 
8,000 square feet per bedroom for duplex and multiplex dwelling units.
(3) 
Lot frontage. There shall be no less than 100 feet of lot frontage for all dwelling units in the West Cumberland Housing Overlay District.
(4) 
Public water. All residential structures built after the effective date of this regulation in accordance with the provisions established herein shall be connected to the public water system.
(5) 
Open space. At least 10% of the total area of the tract or parcel of land being developed must be maintained as open space and not included in the individual building lots.
(a) 
Open space shall consist of land which has one or more of the following characteristics:
[1] 
Active farmland or land adjoining active farmland.
[2] 
An active trail system or which provides a link to an existing trail system.
[3] 
Land which preserves and provides a buffer around a sensitive wildlife habitat or other natural area.
[4] 
Land which provides physical or visual access to a water body, including the ocean, lake, pond, river, stream, or brook.
[5] 
Land which is in resource protection.
[6] 
Land which is suitable for active recreation.
[7] 
Land which abuts or adjoins an existing public open space.
(b) 
Land set aside as open space may be held as common open space by the individual lot owners of the proposed residential development, and in such case the developer shall be required to establish a homeowners' association consisting of individual lot owners which shall include the following:
[1] 
Covenants shall be included in each deed from the developer to an individual lot owner which shall require mandatory membership in the association and shall set forth the owner's rights, interests, privileges, and obligations in the association and in the common open space, including the association's responsibility and obligation to maintain the common open space and any recreational facilities located therein.
[2] 
The association shall develop a system to levy and collect annual charges against any and all lot owners to defray expenses connected with the maintenance of common open space and recreational facilities located therein, and this system shall be set forth in the deed covenants or other legal instrument binding upon the lot owner and running with the land.
[3] 
he developer shall be responsible for its maintenance until at least 75% of the lots have been sold to individual lot owners, after which time the association shall be responsible for such maintenance, and this requirement shall be set forth in the deed covenants or other legal instrument binding upon the lot owner and running with the land.
[4] 
All proposed deed covenants and legal documents relating to such common open space shall be reviewed by the Town Attorney and the Planning Board and, if approved, shall be recorded in the Cumberland County Registry of Deeds and included or referred to in the deed of each lot.
(c) 
Some or all of the open space may be dedicated to the Town of Cumberland, subject to acceptance by the Town Council. Any such dedication shall be accomplished by deeds or other appropriate legal instruments acceptable to the Town Attorney.
(d) 
Some or all of the open space may be conveyed to a nonprofit, tax-exempt land trust or similar organization for conservation, passive recreation, or active recreational purposes. Any such conveyance shall be accomplished by deeds or other appropriate legal instruments acceptable to the Town Attorney.
(6) 
Buffering. Notwithstanding anything to the contrary in the regulations for residential subdivisions, a buffer area of 50 feet shall be established between the residential development and abutting tracts or parcels of land that include nonresidential uses. Such buffer shall be designed to eliminate potential adverse impacts (including glare, noise, and unsightly views of service areas). Buffering shall consist of trees, landscaping, fencing, grading, or a combination of some or all of these techniques. Where possible, existing trees and vegetation shall be preserved in buffer areas.
(7) 
Net residential density. The maximum number of dwelling units permitted on the tract or parcel of land proposed for any type of residential development shall be determined by dividing the net residential acreage of the tract or parcel by the overlay zoning district minimum lot size for the zone in which the project is located. In no event shall the number of residential units exceed the density requirement of the overlay zoning district in which it is located.
[1]
Editor's Note: Former § 315-28.2, Village Center Commercial (VCC) Multiplex Overlay District, added 2-11-2016, was repealed 1-23-2017.
[Added 4-11-2016]
A. 
Purpose. The purpose of the Office Commercial (South) Retail, Restaurant, Multiplex Dwelling, Mixed-Use Overlay is to allow for stand-alone or multi-use structures that allow additional uses on specific lots in the Office Commercial (South) Zoning District along U.S. Route 1.
B. 
District. The Office Commercial (South) Retail, Restaurant, Multiplex Dwelling Unit, Mixed-Use Overlay District, as delineated on the official Town of Cumberland Tax Assessor's Map, is hereby designated as an overlay district within the Office Commercial (South) district for the purposes designated herein. Properties in this Overlay District shall continue to be governed by the regulations applicable to the underlying zoning district except as specifically provided herein.
C. 
Permitted Uses. In addition to the permitted uses allowed in the underlying zoning districts and notwithstanding anything to the contrary in the regulations for the underlying zoning districts, the following uses are permitted uses in the Office Commercial (South) Retail, Restaurant, Multiplex Dwelling Unit, Mixed-Use Overlay District.
(1) 
Retail use.
(a) 
Retail uses shall not exceed 3,500 square feet in size.
(b) 
Minimum lot size: Underlying District (OC-South).
(c) 
Setbacks and road frontage: Underlying District (OC-South).
(2) 
Restaurant use.
(a) 
Restaurant uses shall not exceed 3,500 square feet in size.
(b) 
Minimum lot size: Underlying District (OC-South).
(c) 
Setbacks and road frontage: Underlying District (OC-South).
(3) 
Multiplex dwelling use:
(a) 
Multiplex dwellings in the Office Commercial (South) Retail, Restaurant, Multiplex Overlay District shall be subject to the following standards and shall not be subject to the provisions of § 315-44 of the Cumberland Zoning chapter.
(b) 
Lot standards. The following lot standards shall apply to multiplex dwellings in this district:
[1] 
Minimum lot size requirement. The minimum lot size requirement shall be 2,500 square feet per dwelling unit.
[2] 
Setbacks. Setbacks shall be the lesser of the distance from any existing building to the nearest property line, or for new construction, as listed below.
[a] 
Front: 25 feet.
[b] 
Rear: 15 feet.
[c] 
Side: 10 feet on each side.
[3] 
Height Limit. The height limit for multiplex dwelling buildings in this district shall be 50 feet.
(4) 
Mixed use.
(a) 
A development may contain two or more of the permitted uses in this overlay district or the underlying zone (OC-South).
(b) 
Each use shall require a minimum of 5,000 square feet, except as otherwise required by Subsection C(3)(b)[1] for multiplex dwellings.
(c) 
Lot standards shall be those for each use as stated in this section, or as listed in the underlying zone, Office Commercial — South (OC- South).
(d) 
Public water and sewer. All multiplex dwelling units built after the effective date of this regulation in accordance with the provisions established herein shall be connected to the public water and sewer system.
D. 
Net residential acreage. Net residential acreage calculations are not required for projects within the Office Commercial (South) Retail, Restaurant, Multiplex, Mixed-Use Overlay District.
E. 
Minimum dwelling unit size. No dwelling unit shall have less than 600 square feet of finished living area.
F. 
Parking. There shall be no less than 1.5 parking spaces per dwelling unit.
G. 
Open space. At least 10% of the total area of the tract or parcel of land being developed must be maintained as open space. Such open space shall consist of land which has one or more of the following characteristics:
(1) 
Land which is suitable for use as a group seating area for residents.
(2) 
Land which preserves and provides a buffer around a sensitive wildlife habitat.
(3) 
Land which is suitable for active recreation.
(4) 
Land which abuts or adjoins an existing public open space.
(5) 
Land which provides physical or visual access to a water body.
(6) 
Land with an active trail system or which provides a link to an existing trail system.
H. 
Public water and sewer. All multiplex dwelling units built after the effective date of this regulation in accordance with the provisions established herein shall be connected to the public water and sewer system.
I. 
Maintenance agreements. When applicable, a road maintenance agreement and/or a stormwater maintenance agreement may be required by the Planning Board.
J. 
Ownership. A tract or parcel developed under this section shall be held either in single or common ownership.
[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
Map R04, Lot 4C
Map R03, Lot 50A
Map R04, Lot 4D
Map R03, Lot 50B
Map R04, Lot 4E
Map R03, Lot 53
Map R04, Lot 5
Map R04, Lot 34A
Map R04, Lot 1
Map R04B, Lot 1
Map R04, Lot 1A
Map R04B, Lot 2
Map R04, Lot 2
Map R04B, Lot 3
Map R04, Lot 2A
Map R04B, Lot 4
Map R04; Lot 3
Map R04B, Lot 5
Map R04, Lot 3A
Map R04B, Lot 5A
Map R04; Lot 4
Map R04B, Lot 5B
Map R04, Lot 4A
Map R04B, Lot 6
Map R04, Lot 4B
Portion of Map R04, Lot 41
(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[1] 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[2] 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.
[1]
Editor's Note: Appendix A is on file in the Town offices.
[2]
Editor's Note: Appendix B is on file in the Town offices.
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
Dimensional Description
Specification
Right-of-way width
Minimum
30 feet
Maximum
50 feet
Roadway pavement width
Serving less than 10 homes
18 feet
Serving 10 or more homes
20 feet without curb
22 feet with curb
Curbing
Per Chapter 250 Attachment 1:2
Paved sidewalk (applies only to primary access roads connecting from Tuttle Road)
5 feet (one side only)
Minimum roadway center line grade
Curbed and noncurbed
1.0%
Maximum roadway center line grade
10%
Minimum center line radius
100 feet
Minimum tangent length between curves of reverse alignment
0 feet
Minimum angle of street intersections
75° (90° preferred)
Minimum distance between street intersections on same side and on opposite side
100 feet
Minimum pavement radii at intersections
10 feet
Minimum pavement crown
1/4 inch per foot (2%)
Minimum slope of gravel shoulder
1/2 inch per foot (4%)
Minimum K Factor, crest vertical curve
15
Minimum K Factor, sag vertical curve
20
MPH design speed
25
Maximum grade approaching intersection
50 or fewer vpd (within 25 feet)
3%
Greater than 50 vpd (within 50 feet)
3%
Primary access roads (within 75 feet)
3%
Minimum property line radius at intersection
0 feet
Dead-end turn around
Per Chapter 250 Attachment 1:6
[Added 11-26-2018]
A. 
Purpose. The purpose of the Registered Caregiver Overlay District is to establish areas of Town where registered caregivers may operate, as well as to establish land use requirements for this use.
B. 
District. The Registered Caregiver Overlay District, as delineated on the official Town of Cumberland Zoning Map, is hereby designated as an overlay district in specified areas of the Town for the purposes designated herein. Properties in this Overlay District shall continue to be governed by the regulations applicable to the underlying zoning district except as specifically provided herein.
C. 
Standards and review. In addition to the permitted uses allowed in the underlying zoning districts and notwithstanding anything to the contrary in the regulations for the underlying zoning districts, the following use is allowed in the Registered Caregiver Overlay District, subject to review and approval by the Code Enforcement Officer, in consultation with the Police and Fire Departments, subject to the standards set forth in this section:
(1) 
Registered caregiver. A registered caregiver, subject to the following standards:
(a) 
A caregiver must meet all applicable requirements of state law and must have all required state registrations and approvals.
(b) 
Each registered caregiver located on a site shall be allowed to cultivate no more than 30 mature marijuana plants and 60 immature marijuana plants. There shall be no limit on the number of seedlings that may be cultivated.
(c) 
All cultivation or processing of marijuana shall take place in an enclosed, secure area that is equipped with locks or other security devices that only allow the person authorized to cultivate and process the marijuana to enter the area. No processing or cultivation shall be visible from the exterior of the building in which the registered caregiver operation is located.
(d) 
A registered caregiver must provide for the control of odors and emissions. Marijuana odor shall not be perceptible at the exterior of the building or at any adjoining property boundary. Appropriate ventilation and filtration systems shall be provided, including but not limited to air scrubbers and charcoal filtration systems. No smoke, debris, dust or other substances shall be allowed to exit the building.
(e) 
No signage shall be placed or otherwise used within 1,000 feet from the property line of any preexisting public or private school, daycare or nursery school. Signage must comply with all applicable requirements of state law and regulation, as well as the requirements of § 315-63 of this chapter.
(f) 
The Fire Department may require the installation of smoke detectors, sprinklers or other safety devices when the Department determines that such devices are necessary due to the size, condition or age of the structure, or if there are other uses in the building.
(g) 
Security measures shall include, at a minimum, the following:
[1] 
Security surveillance cameras installed, recording and operating 24 hours a day, seven days a week to monitor all entrances, along with the interior and exterior of the premises, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises. All security recordings shall be preserved for at least 30 days by the registered caregiver. The registered caregiver shall provide the Police Chief or his/her designee with the name and functioning telephone number of a twenty-four-hour on-call staff person to whom the Town may provide notice of any operating problems associated with the operation.
[2] 
Door and window intrusion robbery and burglary alarm systems with audible and Police Department notification components that are professionally monitored and maintained in good working condition.
[3] 
Exterior lighting that illuminates the exterior walls of the licensed premises and complies with applicable provisions of this Code.
[4] 
Deadbolt locks on all exterior doors and locks or bars on any other access points (e.g., windows).
(h) 
A registered caregiver shall not operate a retail store as part of the caregiver operations.
(i) 
The hours of operation shall be limited to between 8:00 a.m. and 5:00 p.m.
(j) 
A marijuana caregiver shall provide one on-site parking space for the caregiver and an additional space for each employee of the caregiver, in addition to two parking spaces for patients.
[Added 10-24-2022; amended 7-14-2025]
A. 
Purpose. The purpose of the Public Safety Telecommunications Overlay District is to establish areas in the Town of Cumberland where telecommunications facilities that are necessary for the proper communication by and between the various public safety agencies and organizations of the Town may be located.
B. 
District.
(1) 
The Public Safety Telecommunications Overlay District is hereby designated as an overlay district for the purposes set forth above, comprised specifically of the lots delineated on the official Town of Cumberland Tax Assessor's Maps as:
(a) 
Map R03, Lot 25.
(b) 
Map R03, Lot 26.
(c) 
Map R07, Lot 34A.
(d) 
Map R01, Lot 03.
(2) 
The requirements of the underlying zoning districts, and where applicable, the requirements of § 315-72 of the Town Code, shall continue to apply to all properties within the Public Safety Telecommunications 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, and notwithstanding anything to the contrary in the regulations for the underlying zoning districts, the following uses shall be permitted uses in the Public Safety Telecommunications Overlay District:
(1) 
Telecommunications facility that is used, in whole or in part, to provide wireless communications capabilities for the Town's public safety departments, subject to the terms of a written agreement to which the Town is a party.
D. 
Space and bulk standards. Notwithstanding anything to the contrary in the regulations for the underlying zoning districts, or in § 315-72 of the Town Code, the following space and bulk standards shall apply to all permitted uses within the Public Safety Telecommunications Overlay District.
(1) 
Tower height. Towers shall not exceed a height of 180 feet.
(2) 
Antennas. Installing antennas on towers is permitted; the height of an antenna shall not be used in calculating the maximum allowable height of a tower. Antennas installed on towers located in the Public Safety Telecommunications Overlay District shall remain subject to the mounting and dimensional requirements of § 315-72D(2)(b) of the Code.
(3) 
Setbacks. Towers shall be set back from any lot lines a distance equal to at least 75% of the tower height; provided, however, that if the proposed set back is less than 100% of the tower height then the applicant shall submit a plan prepared by a Maine licensed engineer or other qualified professional that provides a certified fall zone for the proposed tower that is entirely within the bounds of the subject property.