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:
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]
(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]
(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.
Mobile home parks are permitted in the Mobile Home Park Overlay District as delineated on the Official Town Zoning Map, subject to the provisions of § 315-56 and subdivision review.
The purpose of the Fairgrounds Overlay District is to allow
as permitted uses a diverse range of exhibitions, shows, fairs, entertainment
programs, and similar events, both related to and not related to agriculture,
of the type commonly and historically associated with the Cumberland
Fairgrounds.
A.
The Cumberland Fairgrounds, delineated as R07, Lots 8 and 8-1, on
the official Town of Cumberland Tax Assessor's Map dated April 1,
2001, is hereby designated as an overlay district within the Rural
Residential District 2 for the purposes designated herein.
B.
All the uses commonly and historically associated with the annual Cumberland County Fair shall be allowed at the Cumberland Fairgrounds as permitted uses. These uses shall conform to Chapter 162, Mass Gatherings, and other ordinances of the Town of Cumberland as may be appropriate.
C.
All uses commonly and historically associated with the Cumberland Fairgrounds other than the annual Cumberland County Fair shall be allowed to continue at the Cumberland Fairgrounds as permitted uses. These uses shall conform to Chapter 162, Mass Gatherings (if necessary), and other ordinances of the Town of Cumberland as may be appropriate. Permitted uses shall include but not be limited to the following:
(1)
Animal exhibitions and competitions.
(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.
The purpose of the recreational overlay is to allow as permitted
uses a range of recreation uses and recreation-related or recreation
support uses.
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.
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.
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:
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:
(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.
(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:
(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:
(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.
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;
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.
(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]
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:
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.
