A.
All spreading or disposal of manure shall be accomplished in conformance
with the Maine Guidelines for Manure and Manure Sludge Disposal on
Land published by the University of Maine Soil and Water Conservation
Commission in July 1972.
B.
Manure shall not be stored or stockpiled within 100 feet, horizontal
distance, of a great pond or within 75 feet, horizontal distance,
of other water bodies, tributary streams, or wetlands. Within five
years of the effective date of this chapter, all manure storage areas
within the shoreland zone must be constructed or modified such that
the facility produces no discharge of effluent or contaminated stormwater.
Existing facilities which do not meet the setback requirement may
remain but must meet the no discharge provision within the above five-year
period.
C.
Agricultural activities involving tillage of soil greater than 40,000
square feet in surface area or the spreading, disposal or storage
of manure within the shoreland zone shall require a soil and water
conservation plan to be filed with the Planning Board. Nonconformance
with the provisions of said plan shall be considered to be a violation
of this chapter.
D.
There shall be no new tilling of soil greater than 40,000 square
feet in surface area located in whole or in part within 100 feet,
horizontal distance, of the normal high-water line of a great pond;
within 75 feet, horizontal distance, of other water bodies; or within
25 feet, horizontal distance, of tributary streams and wetlands. Operations
in existence on the effective date of this chapter and not in conformance
with this provision may be maintained, provided that such operations
are conducted in accordance with a soil and water conservation plan
to be filed with the Planning Board.
E.
After the effective date of this chapter, newly established livestock
grazing areas shall not be permitted within 100 feet, horizontal distance,
of the normal high-water line of a great pond; within 75 feet, horizontal
distance, of other water bodies; or within 25 feet, horizontal distance,
of tributary streams and wetlands. Livestock grazing associated with
ongoing farm activities and which is not in conformance with the above
setback provisions may continue, provided that such grazing is conducted
in accordance with a soil and water conservation plan to be filed
with the Planning Board.
A.
Household pets are allowed in all districts. Household pets shall
not include horses or any animals kept for purposes of commercial
or noncommercial agriculture or animal husbandry, or any uses related
thereto, and shall not include any animals that are considered a public
nuisance or are otherwise unlawful to possess under state or federal
law.
[Amended 9-24-2018]
B.
Horses may be kept in all districts, provided that there shall be
at least one acre of containment area for the first horse to be kept
on the premises and 10,000 square feet of containment area for each
horse thereafter.
[Amended 9-24-2018]
C.
Animals other than horses and household pets may be kept for noncommercial
purposes, provided that the minimum lot size for keeping such animals
shall be two acres in all districts, except that the minimum lot size
for keeping such animals on properties within the Village Mixed-Use
(VMU) District, Low-Density Residential (LDR) District and the Medium-Density
Residential (MDR) District as designated in the Town of Cumberland's
Comprehensive Plan shall be 10 acres for purposes of this chapter.
[Amended 9-24-2018]
D.
The free range of poultry beyond the borders of an owner's property
is prohibited.
E.
No chicken house and no piggery shall be permitted nearer than 100
feet to any property line.
F.
It shall be a violation of this chapter to keep an animal or animals
on any property within the Town that results in an unreasonable use
of the property, unreasonably injures another's land, interferes with
the use of another's land, alters the flow of surface water, or negatively
impacts the drinking water of any property through any noise, odor,
storage or disposal of materials, animal by-products or carcasses
that are related to the keeping of such animal or animals on the property.
[Added 9-24-2018]
G.
Any violation of this chapter shall constitute a nuisance, and the
owner, person or firm having control or use of the property on which
animals are being kept in violation of this chapter shall be fined
as established by order of the Town Council for each day such violation
is permitted to exist after notification, in writing, from the Town;
provided, however, that a farm operation shall not be considered a
nuisance if it is in compliance with applicable state and federal
laws, rules and regulations.
[Added 9-24-2018]
A.
Purpose. The purpose of this section is to provide standards for
the keeping of domesticated chickens. This section is intended to
enable residents to keep a small number of female chickens while limiting
the potential adverse impacts on the surrounding neighborhood.
B.
CHICKEN PEN
ENCLOSURE
HENHOUSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An enclosure connected to a henhouse for the purpose of allowing
chickens to leave the henhouse while remaining in an enclosed, predator-safe
environment.
The combined area of a henhouse and chicken pen.
A structure for the sheltering of hens (no roosters). A legally
existing nonconforming detached shed, garage, or barn that may be
located within the required district setback can be used for this
purpose if it meets all other standards contained in this section.
C.
Keeping of domesticated chickens.
(1)
No more than six chickens shall be allowed per single-family detached
dwelling property. No chickens shall be permitted within multifamily
complexes, including duplexes.
(2)
Only hens are permitted, with no restriction on chicken species.
(3)
Chickens shall be kept only for personal use.
(4)
Advertising the sale of eggs, chicken breeding, or fertilizer production
is prohibited.
(5)
Outside slaughtering of chickens is prohibited.
D.
Enclosure.
(1)
Chickens must be kept in a secure henhouse or chicken pen area at
all times. At no time shall chickens be kept in a residence, including
attached structures.
(2)
Chickens shall be secured within the henhouse during nondaylight
hours.
(3)
Enclosures must be clean, dry and odor-free and kept in a neat and
sanitary condition at all times, in a manner that will not disturb
the use or enjoyment of abutters due to noise, odor, or other adverse
impact.
(4)
An enclosure shall not be located in the front yard.
E.
Henhouse.
(1)
A henhouse shall be provided and designed to provide safe and healthy
living conditions for the chickens while minimizing adverse impacts
to abutters.
(2)
The structures shall be fully enclosed with latchable doors and windows.
Windows and vents must be covered with predator- and bird-proof wire
of less than one-inch openings.
(3)
The henhouse shall be well maintained. The use of scrap, waste board,
sheet metal, or similar materials for the construction of the structure
is prohibited.
(4)
Henhouses shall only be located in rear yards. In the case of a corner
lot, a side yard may be used in accordance with applicable zoning
district setbacks, but in no case shall the henhouse be closer than
10 feet to the side property line.
(5)
No henhouse shall be located within 10 feet of a rear or side property
line.
F.
Chicken pens.
(1)
Chicken pens. Chicken pens may be provided. Where provided, the chicken
pen shall be attached to the henhouse and the walls shall be constructed
of sturdy wire fencing, other than chicken wire, and buried at least
12 inches in the ground. The roof shall be covered with wire, aviary
netting, chicken wire, or solid roofing in a manner to prevent the
escape of chickens.
(2)
Chicken pens shall only be located in rear yards. In the case of
a corner lot, a side yard may be used in accordance with applicable
zoning district setbacks, but in no case shall the chicken pen be
closer than 10 feet to the side property line.[1]
(3)
No chicken pen shall be located within 10 feet of a rear or side
property line.
H.
Waste storage and removal. Provision must be made for the storage
and removal of chicken manure. All stored manure shall be covered
by a fully enclosed structure with a roofline or lid over the entire
structure. All other manure not used for composting or fertilizing
shall be removed from the property.
I.
Chickens on lots greater than two acres (from § 315-38).
(1)
Animals other than horses, including chickens or household pets,
may be kept for personal use and enjoyment, provided that the minimum
lot size shall be two acres in all districts.
(2)
The free range of poultry beyond the borders of an owner's property
is prohibited.
(3)
No chicken house and no piggery shall be permitted nearer than 100
feet to any property line.
J.
Licensing requirements for chickens on less than two acres. A person
who keeps domesticated chickens shall obtain a license for a fee established
by order of the Town Council.[2] The license shall expire annually on the last day of April.
The license shall be issued by the Town Clerk after favorable inspection
by the Cumberland Animal Control Officer or designee. The fee is nonrefundable
if the license is not approved. There will be a late fee assessed
to licenses that have expired, in the amount established by order
of the Town Council. The fee will double after the license has been
expired for more than 30 days.[3]
K.
Penalty. In addition to any other enforcement action which the Town
may take, violation of any provision of this section shall be a civil
violation and a fine not exceeding $100 may be imposed. Each day that
a violation continues will be treated as a separate offense.
L.
Removal of chickens. Any violation of the provisions of this section
or of the license shall be grounds for an order from the Code Enforcement
Officer to remove the chickens and the chicken-related structures.
The Animal Control Officer may also order the removal of the chickens
upon a determination that the chickens pose a health risk. If a chicken
dies, it must be disposed of promptly in a sanitary manner.
Single-family dwellings and duplex dwellings shall be permitted on backlots, provided that they are served by a private street meeting the standards of § 315-61 of this chapter, subject to the following provisions:
A.
The creation of a lot which does not have the required lot frontage
on a public right-of-way shall require twice the minimum lot size
for the district in which it is located and shall require a right-of-way
no less than 50 feet wide, except that in no case shall such private
right-of-way be required to be wider than the public street which
it intersects. Lots in Rural Residential Districts 1 and 2 shall be
exempt from the doubling of the minimum lot size provision of this
section. Where a lot is in existence and is provided access by a private
right-of-way recorded at the Cumberland County Registry of Deeds prior
to the adoption of this chapter, these provisions shall not apply.
B.
The Board of Adjustment and Appeals may allow a reduction of these standards upon a finding that backlots will be provided with safe access and that the proposed reduction in requirements is otherwise in conformance with § 315-77B(6).
C.
Any dwelling unit erected on a backlot shall not be located within
200 feet of an existing public street.
Beach construction on any great pond or coastal wetland shall
require a permit from the Department of Environmental Protection.
Beach construction on any river, stream, or brook capable of floating
watercraft shall require approval from the Commissioner of the Department
of Environmental Protection, as required by law.
Campgrounds shall conform to the minimum requirements imposed
under state licensing procedures and the following:
A.
Campgrounds shall contain a minimum of 5,000 square feet of land,
not including roads and driveways, for each site. Land supporting
wetland vegetation and land below the normal high-water line of a
water body shall not be included in calculating land area per site.
B.
The areas intended for placement of a recreational vehicle, tent
or shelter and utility and service buildings shall be set back a minimum
of 100 feet from the normal high-water line of a great pond and 75
feet from the normal high-water line of other water bodies, tributary
streams, or the upland edge of a wetland.
[Amended 9-10-2012; 3-11-2019]
Clustered, conservation and traditional subdivisions shall be allowed as set forth in Chapter 250, Subdivision of Land.
The construction of any new multiplex dwelling or the conversion
of an existing single-family dwelling or duplex dwelling into a multiplex
dwelling shall comply with the following standards, and the Planning
Board shall review a proposed multiplex dwelling development for compliance
with these standards:
A.
The number of multiplex dwelling units allowed on a tract or parcel
shall be calculated by dividing the net residential acreage of the
tract or parcel by the minimum lot area per dwelling unit required
by the appropriate zoning district for multiplex development.
B.
On any tract or parcel, the maximum number of attached dwelling units
per structure shall be six and the average number of attached dwelling
units per structure shall be four. The distance between the foundations
of any two principal structures shall be no less than the height of
the taller of the two buildings, but in no event shall a building
separation of less than 25 feet be permitted.
C.
A tract or parcel developed under this section shall be held either
in single or common ownership, shall be at least 10 acres in area
and shall have the same amount of lot frontage on a public right-of-way
as is required by the underlying district.
D.
Setbacks. The following minimum setbacks are required for front,
rear or side yards that adjoin a boundary line of the tract or parcel
or a street:
(1)
Front: the same as in the underlying district, except that this shall be twice that required when the tract or parcel has any frontage along a collector street as defined in Chapter 250, Subdivision of Land.
(2)
Side: the same as in the underlying district.
(3)
Rear: the same as in the underlying district.
E.
A buffer shall be established between the multiplex housing and any
dwelling on abutting tracts or parcels, which buffer shall be sufficient
to minimize any potential nuisance, including but not limited to headlights,
noise, storage areas, and solid waste storage. This buffering shall
consist of landscaping, fencing or grading or a combination of some
or all of these techniques.
F.
No dwelling unit shall have less than 600 square feet of finished
living area, exclusive of common hallways, basements and unimproved
attic areas.
G.
The scale and surface area of parking areas, driveways and paved areas shall be compatible with adjacent structures, must be properly screened and must provide for parking in accordance with the requirements of § 315-57 of this chapter.
H.
Open space. The amount of open space that shall be required shall
be at least 70% of the tract or parcel in Rural Residential Districts
1 and 2 and at least 50% in other zones in which multiplex developments
are permitted.
(1)
This open space shall be usable for recreational, agricultural or
other outdoor living purposes and for preserving natural features,
including but not limited to large trees, tree groves, woods, ponds,
streams, glens, rock outcrops, natural plant life and wildlife cover,
and deer yards, and to the greatest extent possible shall be contiguous
open space. The use of any such open space may be further limited
or regulated by the imposition of reasonable conditions at the time
of final subdivision approval by the Planning Board where necessary
to protect adjacent properties or uses, or the open space itself.
(2)
If any or all of the open space is to be reserved by the individual
unit owners as common open space, each unit owner shall own a fractional
interest in the common open space and the developer shall be required
prior to final subdivision plan approval to incorporate a homeowners'
association consisting of the individual unit owners, which incorporation
must comply with the following:
(a)
Proposed covenants shall be placed in each deed from the developer
to the individual unit owner, which deed covenants shall require mandatory
membership in the homeowners' association and shall set forth the
unit owner's rights, interests, privileges and obligations in the
association and in the common open space, including the homeowners'
association's responsibility and obligation to maintain the common
open space and any recreational facilities located therein.
(b)
The homeowners' association shall develop a system to levy and
collect annual charges against any and all individual lot owners to
defray any expense connected with the maintenance of common open space
and any recreational facilities located therein, and this system shall
be described in said deed covenant or by some other legal instrument
made binding upon the individual unit owner and running with the land.
(c)
The developer shall maintain control of the common open space
and be responsible for its maintenance until 75% of the multiplex
dwelling units in the subdivision have been sold, at which time the
homeowners' association shall be responsible for such maintenance,
and this obligation shall be described in said deed covenant or by
some other legal instrument made binding upon the individual dwelling
unit owner and running with the land.
(d)
All such proposed deed covenants and other legal documents pertaining
to common open space shall be reviewed by the Town Attorney and, if
approved by the Planning Board, shall be recorded in the Cumberland
County Registry of Deeds and included or referred to in the deed to
each unit.
(3)
At the option of the Town, some or all of the open space may be dedicated
to the Town of Cumberland, subject to acceptance by the Town Council.
(4)
Some or all of the open space may be dedicated to a nonprofit land
trust for conservation, passive recreation purposes or active recreation
purposes.
(6)
The open space(s) shall be shown on the subdivision plan with appropriate
notation on the face thereof to indicate that it shall not be used
for future buildings or structures.
(7)
All legal documents required under this subsection must be submitted
with the final subdivision plan application.
A.
Accessory dwelling unit. One accessory dwelling unit may be constructed
as an attached or detached structure that is accessory to a primary
single-family dwelling unit on any lot in any zoning district. An
accessory dwelling unit may be part of the same structure as the primary
dwelling unit; however, basement, attic or other existing living spaces,
such as a room over a garage, within the primary dwelling unit that
are occupied by family members shall not be considered accessory dwelling
units. An accessory dwelling unit may also be a detached dwelling
unit on the same lot as the primary dwelling unit.
[Amended 11-26-2012; 10-23-2017; 5-8-2023]
(1)
Occupancy. Either the primary dwelling unit or the accessory dwelling
unit must be occupied by the owner of the property.
(2)
Review and approval. All accessory dwelling units must satisfy the
standards set forth in this section and must be approved by the Code
Enforcement Officer pursuant to an accessory dwelling unit permit.
(3)
Performance standards.
(a)
The accessory dwelling unit shall include no more than two bedrooms
and shall not exceed 40% of the total living area of the primary dwelling
unit. Unfinished space within the primary dwelling unit shall not
be counted toward the total square footage of the primary dwelling
unit for purposes of calculating the forty-percent limit under this
subsection.
(b)
Accessory dwelling units must be at least 190 square feet in
area.
(4)
Lot standards.
(a)
An accessory dwelling unit shall not be required to independently
meet the minimum lot size requirements of the zoning district within
which it is located; provided that the local Plumbing Inspector indicates
adequate capacity and conformity with the State Plumbing Code for
the accessory dwelling unit in addition to the primary dwelling unit.
In no case shall an accessory dwelling unit be allowed on a lot smaller
than 20,000 square feet unless connected to a public sewer.
(b)
An accessory dwelling unit shall not be required to independently
meet the lot frontage requirements of the zoning district within which
it is located, but shall be required to meet all setbacks of the zoning
district within which it is located that are otherwise applicable
to the existing structure within which the primary dwelling unit is
located.
(c)
An existing primary dwelling that is a nonconforming structure or building may be expanded to incorporate an accessory dwelling unit subject to the requirements of § 315-74 for the expansion of nonconforming buildings or structures, or § 226-14 if located within a Shoreland Zoning District. An accessory dwelling unit shall not be permitted on a lot with a nonconforming use.
(d)
Notwithstanding the provisions of § 315-77, no variances may be granted with respect to the dimensional requirements related to size and height of structures, setback distances, lot coverage, or lot frontage required for accessory dwelling units.
(e)
An accessory dwelling unit must be located within the approved
building envelope for any lot located within a subdivision.
(5)
This section shall not prohibit the conversion of a single-family
dwelling to a duplex or multiplex dwelling or the conversion of a
duplex dwelling to a single-family or multiplex dwelling, so long
as said conversion complies with all district and other zoning standards,
including, but not limited to, the minimum lot size per dwelling unit.
B.
Manor houses. Any single-family dwelling with no less than 6,000
square feet of living area may be converted to a multifamily structure
with the approval of the Board of Adjustment and Appeals as a special
exception, subject to the following conditions and any additional
conditions imposed by the Board of Adjustment and Appeals to assure
that said conversion will have no adverse impact on the neighborhood:
(1)
The conversion of a manor house, as defined, into a multifamily structure shall be deemed a subdivision and subject to final approval of the Planning Board in accordance with Chapter 250, Subdivision of Land, after special exception approval has been granted by the Board of Adjustment and Appeals.
(2)
The number of units allowed shall be based on the minimum lot size
requirement for the district in which it is located, except that the
Board of Adjustment and Appeals may reduce the lot size requirement
to no less than 20,000 square feet per dwelling unit as a special
exception, upon a finding that the conversion will not have an adverse
effect upon the neighborhood as a result of traffic circulation, vehicular
access, pedestrian circulation, storm drainage, or appearance.
(3)
No manor house shall be converted to a multifamily structure on a
lot less than three acres in size.
(4)
The minimum floor area for each dwelling unit shall be 1,000 square
feet.
(5)
No dwelling unit shall be created on a third floor or higher, except
that a dwelling unit on the second floor may continue onto a third
floor.
(6)
Associated structures of manor houses, such as garages and carriage
houses, may be converted to dwelling units but may not be included
in the determination of living area in the manor house.
C.
Condominium. Any structure or property which is converted to condominium
ownership in accordance with the provisions of the Maine Condominium
Act,[1] regardless of whether there is any physical change in the structure or property, shall be considered a subdivision and subject to the provisions of Chapter 250, Subdivision of Land, unless such structure or property has already been approved under Chapter 250, Subdivision of Land.
[1]
Editor's Note: See 33 M.R.S.A. § 1601-101 et seq.
No building, structure, or foliage shall be erected or maintained
greater than 3 1/2 feet above the curb height within an area
defined by a line connecting the points 20 feet distant of the intersection
of street lines at intersecting streets and roads.
A.
Purpose. It is the intent of these provisions to allow the location
of day-care centers and nursery schools in healthy and safe environments
in a manner that will not be disruptive to neighborhoods. Such uses
should be considered integral components of neighborhood life.
B.
Standards for day-care centers and nursery schools. In addition to
state requirements and the requirements of any other ordinance, including
the special exception and site plan review ordinances, the following
standards shall apply to the review of day-care centers and nursery
schools:
(1)
No day-care center or nursery school shall be located on a lot less
than 24,000 square feet in area.
(2)
Day-care centers and nursery schools shall have at least 1,000 square
feet of lot area per child received into the home, including the operator's
own children under 16 years of age.
(3)
Day-care centers and nursery schools shall be subject to the provisions of § 250-35, Sewage disposal, of Chapter 250, Subdivision of Land. At a minimum, the applicant must present the approval of the Town's Plumbing Inspector that the proposed day-care center's or nursery school's sewage disposal system can accommodate the proposed use.
[Amended 3-11-2019]
(4)
There shall be a fifteen-foot setback for outdoor play areas in side
and rear yards, which setback shall be enforced by fencing and/or
plantings. Outdoor play areas shall not be permitted in front yards
or yards adjacent to a street.
(5)
There shall be one off-street parking space for each employee and
volunteer worker not living at the site, and the parking area shall
be designed to provide a safe location for vehicular ingress and egress
and for the loading and unloading of children.
(6)
The Planning Board and/or the Board of Adjustment and Appeals may
attach additional conditions directly related to screening and buffering,
hours of operation, vehicular access restrictions, off-street parking,
traffic volume, wastewater disposal, and barriers and other safety
devices.
[Amended 9-10-2012; 8-12-2013]
A.
Purpose; conduct of activities.
(1)
The purpose of this section is to eliminate or minimize the off-site
impact from any proposed development. To this end, all construction
shall be accomplished in conformance with the erosion prevention provisions
of the Maine Erosion and Sediment Control Best Management Practices
published by the Department of Environmental Protection and the permitting
process as outlined herein.
(2)
Filling, grading, lagooning, dredging, earthmoving activities, and
other land use activities shall be conducted in such manner to prevent,
to the maximum extent possible, erosion and sedimentation of surface
waters. In order to create the least potential for erosion, development
shall be designed to fit with the topography and soils of the site,
control stormwater runoff through the construction phase and strategic
placement of structures, roads and driveways. The natural features
and drainage patterns of the lot shall be preserved using careful
site design prior to any clearing or construction. The natural flow
of water shall be identified and undisturbed buffers protected to
minimize off-site transport by stormwater. Areas of steep slopes where
high cuts and fills may be required shall be avoided wherever possible,
and natural contours shall be followed as closely as possible.
B.
Permits.
(1)
All activities that involve filling, grading, excavation or other similar activities which may result in disturbed soil conditions and that are not otherwise listed in Subsection C, Exemptions, shall require a permit and a written soil erosion and sedimentation control plan. The plan shall be submitted to the Code Enforcement Officer for approval and shall include, where applicable, provisions for mulching and revegetation of disturbed soil, temporary runoff control features such as hay bales, silt fencing or diversion ditches, and permanent stabilization structures such as retaining walls or riprap.
(2)
Any exposed ground area shall be temporarily or permanently stabilized
within one week from the time the work was started, by use of riprap,
sod, seed, and mulch, or other effective measures. In all cases, permanent
stabilization shall occur within nine months of the initial date of
exposure. Where mulch is used, it shall be applied at a rate of a
least one bale per 500 square feet and shall be maintained until a
catch of vegetation is established. Anchoring the mulch with netting,
peg and twine or other suitable methods may be required to maintain
the mulch cover (wood chips are acceptable). Additional measures shall
be taken where necessary in order to avoid siltation into the water.
Such measures may include the use of staked hay bales and/or silt
fences.
(3)
Each application to the Code Enforcement Officer for a permit to
erect a new building or structure or to enlarge or to move an existing
one shall be accompanied by a description of the intended use of the
land and/or buildings and a site plan showing the measurements of
the lot and of all buildings, driveways, yards and parking spaces,
drainageways, storm drains, and streams existing and proposed. Additional
measures may be required in order to comply with this section, such
as drainageways and easements, soil erosion control measures, and
all features to be installed for compliance with this section.
(4)
Permits granted under this section may be made subject to additional
conditions or restrictions to ensure conformity with the purposes
and provisions of this section.
C.
Exemptions. The following activities are exempt from the permitting
and written plan requirements of this section:
(2)
Permit applications in subdivisions and site plans, which have a
Planning Board approved soil erosion and sedimentation control plan.
(3)
Activities wherein none of the area of soil disturbance has a slope
steeper than 2%. It shall be the applicant's responsibility to furnish
a topographic survey upon request demonstrating such gradual slope.
(4)
Agriculture within all zones as defined in the Zoning Ordinance.
(5)
Five hundred square feet or less of net impervious area (footprint).
(6)
Septic systems with a permitted HHE-200 subsurface wastewater disposal
system application.
(7)
The maximum amount of soil area to be disturbed without a permit
shall be based on the slope of the disturbed area, as outlined in
Table I below.
TABLE 1
| ||
---|---|---|
% Ground Slope Range
|
Amount of Soil Disturbance
(square feet)
| |
> 20%
|
500
| |
> 10%< 20%
|
1,000
| |
> 5%< 10%
|
2,000
| |
> 2%< 5%
|
4,000
| |
< 2%
|
5,000
|
A.
Topsoil, rock, sand, gravel and similar earth materials may be removed from locations where permitted under the terms of this chapter, subject to a contract zone agreement with the Town Council and review and approval by the Planning Board under Chapter 229, Site Plan Review. If the Planning Board grants approval under Chapter 229, Site Plan Review, it shall also issue a one-year, annually renewable special permit for such operations under such terms and conditions as may be approved and provided for by the Planning Board and as provided for in this chapter.
(1)
The
owner or operator shall be responsible for returning to the Planning
Board each year for review of the annual renewable special permit.
The Planning Board shall review the operations for continuing compliance
with the review standards and shall consider any testimony concerning
problems about the operations. The Planning Board may impose such
different or additional conditions on the annual renewable special
permit as it determines necessary to ensure compliance with all applicable
requirements and to address any operational problems identified during
the prior year.
(2)
After
issuance of five consecutive annual renewable special permits, the
applicant can apply for a five-year permit as long as all standards
are met and there have been no complaints or verified violations.
A verified complaint or violation of standards may require review
or reconsideration. This provision shall apply retroactively from
amended date.[1]
[1]
Editor's Note: This subsection was amended effective 7-11-2011.
B.
Procedure. The applicant shall present a site plan with detailed information of the proposed extraction operation as required under Chapter 229, Site Plan Review.
C.
Standards.
(1)
The operation shall be shielded from surrounding property by an adequate
buffer area of not less than 200 feet from the top of the final grade
to the property line. If approved by the contract zone agreement,
the Planning Board may reduce the buffer area from the minimum requirement
of 200 feet to a minimum requirement of not less than 100 feet, provided
that any excavated property remaining will be left in a condition
more useful for some future purpose conforming to the district requirements
in which the excavation site is located.
(2)
An applicant may specifically apply as a part of his application
for the excavation and removal of lands for waiver of the requirement
of the two-hundred-foot buffer strip when the protective barrier serves
only to separate two existing gravel pits. If approved by the contract
zone agreement, the Planning Board may only grant a waiver from this
requirement if:
(3)
Specific plans shall be established to avoid hazards from excessive
slopes and/or standing water. In no case may soils be removed or excavated
to closer than within five feet of the seasonal high water table as
may be determined by a competent authority. Where an embankment must
be left upon the completion of operations, it shall be at a slope
of not steeper than one foot vertical to three feet horizontal, except
that where the required buffer area has been reduced to 100 feet the
slope of the edge of the excavation area shall not exceed one foot
vertical to four feet horizontal
(4)
No standing water shall be allowed to remain longer than two consecutive
calendar weeks unless specifically provided for by the contract zone
agreement and the Planning Board as part of the site plan approval.
(5)
In the case of any excavation to a depth of more than 20 feet below
the surface, there shall be constructed a substantial fence with suitable
gates completely enclosing the property or area in which the excavation
is located. No portion of such fence shall be located closer than
forty feet to the edge of such excavation. However, this condition
shall not apply in the case of an excavation or removal of lands adding
a slope of one foot vertical to greater than three feet horizontal.
(6)
No excavation shall be extended below the grade of adjacent streets
unless a two-hundred-foot buffer strip shall be provided from the
edge of the right-of-way, except in cases where authorized by the
contract zone agreement and the Planning Board as part of the site
plan approval and through agreement with other involved parties, such
as the Cumberland Public Services Department, Maine State Department
of Transportation and other property owners for the reconstruction
of the right-of-way and street at a different level.
(7)
Provision shall be made for the control of stormwater runoff to prevent
on-site erosion and to ensure that stormwater runoff leaves the site
at the same location and is not significantly increased.
(8)
Sufficient topsoil shall be retained on the site or otherwise provided
sufficient to cover all disturbed areas with an average depth of not
less than two inches. All disturbed areas resulting from the excavation
and removal of lands or soils shall be graded and sloped to conform
to the provisions of this chapter, reloamed and seeded with grasses
indigenous to the area and such trees as the Planning Board as part
of the site plan review and the contract zone agreement may require
and otherwise restored to a natural condition. In the case of topsoil
removal, the upper six inches of topsoil shall be stockpiled and restored
to a depth of six inches throughout the site.
(9)
Loaded vehicles shall be suitably covered to prevent dust and contents
from spilling or blowing from the load.
(10)
All access roads leading from the extraction site to public
ways shall be treated with stone, calcium or other suitable materials
to reduce mud and dust.
D.
A letter of credit or escrow account shall be posted with the Town
Treasurer by the applicant in an amount and form approved by the Town
Council, with the advice of the Town Manager, sufficient to guarantee
performance and conformity with the provisions of this chapter and
approval of the special permit for the excavation and removal of lands.
E.
The foregoing provisions shall not apply to any lawful use of land
for the removal of sand or gravel and the quarrying of stone existing
at the time of adoption of this chapter; provided, however, that no
such existing operation shall expand closer to or within 200 feet
of any adjoining property line or the line of any existing public
way, that no such existing operation which may be within 200 feet
of any such adjoining property line or the line of any existing public
right-of-way shall be permitted to expand closer to such line or lines,
and existing restrictions as may have been previously provided for
previous approvals shall continue in full force and effect, and further
provided that the Planning Board shall have the authority to approve
applications for the expansion of such existing pits or quarries into
such areas under the same terms and conditions as it may approve applications
for new gravel pits and quarries for the excavation and removal of
lands pursuant to the provisions of this chapter.
F.
This section shall not apply to:
(1)
Extraction
necessarily incidental to construction, alteration, excavation, or
grading for which a building permit has been issued;
(2)
Extraction
from one portion of a lot for use on another portion of the same lot
or contiguous lot of the same owner; or
(3)
Removal
of topsoil from a site that is less than one acre in area during a
one-year period.
G.
Violations of this section shall be punishable by a fine as established
by order of the Town Council. Each day such violations are permitted
to continue to exist shall constitute a separate violation.
[Added 11-13-2017]
Farm-based special events as defined under this chapter may
be held in zoning districts in which they are designated as a permitted
use, subject to site plan review approval by the Planning Board and
provided that all requirements of this section are met.
A.
No more than eight farm-based special events may be held on the same
property within one calendar year.
B.
No farm-based special event shall occur for a duration of more than
eight hours. Time spent preparing for, setting up prior to or cleaning
up after the event shall not be included in the eight hours, provided
that such time does not include the use of amplified music.
C.
Sound. Farm-based special events shall not exceed 60 decibels as
measured at any boundary of the property on which the event is being
held. Amplified music shall be prohibited between the hours of 10:00
p.m. and 10:00 a.m.
E.
A business license is to be issued by the Town Council for annual
compliance with this section to allow for neighbor input or feedback.
Garden apartments, as defined herein, shall be allowed at locations where permitted under this chapter, subject to approval by the Planning Board under Chapter 250, Subdivision of Land, and subject to the following provisions:
A.
No garden apartment building shall be allowed on a site less than
three acres in size.
B.
There shall be no more than eight dwelling units per structure, and
where there is more than one building, the average number of dwelling
units per structure shall be no greater than six.
C.
No garden apartment building shall have living quarters on more than
two floors.
D.
All buildings and parking areas shall be set back at least 75 feet
from any property line, and driveways shall be set back at least 25
feet from side and rear lot lines.
A guesthouse may be constructed, provided that the lot standards
and setback requirements for the district in which it is located are
met for each guesthouse.
[Amended 9-23-2013]
Height limitations for all districts shall be 40 feet. The Board
of Adjustment and Appeals may allow a greater height as a variance
in any district upon a finding that a literal enforcement of this
section would result in undue hardship as defined by state statute
and this chapter. The proposed height shall not adversely affect other
property in the same district and neighborhood and the granting of
such variance by the Board shall not substantially depart from the
intent and purposes of this chapter, where it is consistent with the
objectives of the Comprehensive Plan and is in a scale with its environs.
These regulations shall not apply to silos for the storage of feed
crops or to steeples.
A.
Home occupations and home-based occupations are permitted in any
single- or two-family structure or any structure that is accessory
to a single- or two-family structure.
(1)
Notwithstanding any provision of this chapter to the contrary, the
Code Enforcement Officer will approve and issue a change of use permit
for home occupation and home-based occupation applications that meet
the criteria listed below:
(a)
The occupation is owned or operated by a member of the family
residing within the dwelling unit;
(b)
In the case of a home occupation, no more than two employees
who are not members of the family are employed in the occupation;
(c)
In the case of a home-based occupation, no more than two employees
who are not members of the family are present at the dwelling at any
one time;
(d)
Objectionable or unreasonable noise, vibration, smoke, dust,
electrical disturbance, odors, heat, or glare will not be detectable
beyond the property limits;
(e)
No traffic in substantially greater volumes than would be normally
expected in the neighborhood will be generated;
(f)
Off-street parking spaces are provided in an amount to be determined
by the Code Enforcement Officer to avoid street congestion;
(g)
Exterior displays, exterior storage of materials, and exterior
indications of the home occupation or home-based occupation, including
signs, are inconspicuous;
(h)
The existence of the home occupation or home-based occupation
does not pose any potential threat to public health, safety, or welfare;
and
(i)
There will be no violation of any private deed restrictions
affecting the use of the lot.
(2)
A home occupation that does not meet all of the above-listed standards
shall require special exception approval from the Board of Adjustment
and Appeals.
B.
The granting of a special exception approval or change of use for
a home occupation or home-based occupation shall apply to the applicant
only while the applicant resides at the property.
C.
Applications for home occupations and home-based occupations under Subsection A shall be approved in writing by the Code Enforcement Officer. The decision of the Code Enforcement Officer shall be mailed to property owners within 500 feet from the property boundary line. Notice will be mailed to property owners within two business days of the permit being issued.
[Amended 1-26-2021]
D.
Any appeal of the Code Enforcement Officer's decision as to whether a home occupation or home-based business meets the standards in Subsection A must comply with § 315-77C through F of this chapter. Notice of the hearing on the appeal shall be mailed to property owners within 500 feet from the property line.
[Amended 1-26-2021]
Before granting special exception approval for a junkyard, the
Board of Adjustment and Appeals shall find that the following conditions
have been met:
A.
The proposed junkyard is shown to have no detrimental effect on adjacent
land uses.
B.
The proposed junkyard site is not visible from a public road or street.
C.
The proposed junkyard shall be entirely enclosed by a solid wall
or fence with access only through solid gates, and such fence or wall
shall be kept in good repair and neatly painted.
D.
The contents of the proposed junkyard shall not be placed higher
than the fence or wall herein required.
E.
The proposed junkyard is in conformance with this chapter and any
other ordinances of the Town of Cumberland pertaining to the protection
of the quality of surface water and groundwater.
Manufactured housing as defined and allowed under this chapter
to be placed or erected on individual house lots on undeveloped lots
where single-family dwellings are allowed shall be required to meet
the following design standards:
A.
There shall be a pitched roof having a pitch of four in 12 or greater
covered with roofing shingles.
B.
The exterior walls shall be covered with materials similar to traditional
site-built houses. These materials may include clapboards, simulated
clapboards such as conventional vinyl or metal siding, wood shingles
or shakes or similar materials, but shall not include smooth, ribbed
or corrugated metal or plastic panels.
C.
The minimum horizontal dimension shall be 14 feet and the minimum
floor area shall be 750 square feet.
D.
The house will be anchored on a permanent frost wall foundation.
E.
Any fuel storage tanks shall be enclosed or buried.
F.
All plumbing and utility connections shall comply with local, state
and national codes.
G.
The unit shall be sited on the lot so that it is within 30° of
being parallel to the front property line of the lot (or the chord
connecting the two points where the side lot lines meet the front
line if the front property line is curved). This requirement shall
not apply if the width of the front building face is more than 24
feet. The width of the front building face shall include the width
of the manufactured housing unit plus the width of any permanent addition;
all such additions shall meet the following criteria:
H.
All disturbed areas of the site, not otherwise revegetated, shall
be loamed, fertilized and seeded.
I.
All exterior doors shall be provided with steps of a suitable design
and construction to provide all-season access.
A.
Except as otherwise provided below, mobile home parks shall comply with all applicable state laws and municipal ordinances and regulations and shall meet the requirements of Chapter 250, Subdivision of Land. In addition to any other reviews that may be required, any proposed mobile home park development, expansion, or amendment shall be reviewed by the Planning Board for compliance with the requirements of this section. No mobile home park development shall be permitted unless the Planning Board finds it will be in compliance with this section.
B.
Lot size, width and density. Notwithstanding the dimensional requirements in Article II of this chapter, lots in a mobile home park shall meet the following lot size, width and density requirements:
(4)
The overall density of any mobile home park served by a central subsurface
wastewater disposal system shall not exceed one dwelling unit per
20,000 square feet of total mobile home park area.
(5)
Mobile home park lots located within a shoreland zoning district
shall meet the dimensional requirements for that district.
(6)
The overall area of a mobile home park shall be no greater than the
combined area of its mobile home park lots plus:
(a)
The area required for road rights-of-way;
(b)
The area required for buffer strips, if any;
(c)
For mobile home parks served by a public sewer, an additional
area for open space, storage or recreation, which additional area
shall be 10% of the combined area of the individual lots within a
mobile home park; and
(d)
The area within any setbacks required in the shoreland zoning
districts.
C.
D.
Lot coverage. All structures on the lot, including manufactured housing
and accessory structures, but excluding open decks and parking spaces,
shall not cover more than 50% of the lot area.
E.
Buffering.
(1)
A fifty-foot-wide buffer strip shall be provided along any mobile
home park boundary that abuts land used for residential use if the
per-acre density of homes within the mobile home park is at least
two times greater than:
(2)
No structures, streets or utilities may be placed in the buffer strip,
except that utilities may cross the buffer strip to provide services
to the mobile home park.
F.
Open space. For mobile home parks served by a public sewer, an additional
area for green space, storage, and recreation, amounting to 10% of
the total area of those lots with a lot size of less than 12,000 square
feet, shall be reserved by the developer as open space. Such open
space shall be accessible and usable by all residents of the park.
(1)
The reserved open space area shall have slopes less than 5% and shall
be accessible directly from roads within the park. At least 50% of
the required open space shall consist of land that is suitable for
active recreation or storage.
(2)
This open space shall be usable for recreational, agricultural or
other outdoor living purposes and for preserving natural features,
including but not limited to large trees, tree groves, woods, ponds,
streams, glens, rock outcrops, natural plant life and wildlife cover,
and deer yards, and to the greatest extent possible shall be contiguous
open space. The use of any such open space may be further limited
or regulated by the imposition of reasonable conditions at the time
of final subdivision approval by the Planning Board where necessary
to protect adjacent properties or uses, or the open space itself.
(3)
At the option of the Town, some or all of the open space may be dedicated
to the Town, subject to acceptance by the Town Council.
(4)
Some or all of the open space may be dedicated to a nonprofit land
trust for conservation, passive recreation purposes or active recreation
purposes.
(6)
As part of the mobile home park review process, the developer shall
submit, prior to final subdivision plan approval, a copy of proposed
mobile home park rules and a plan specifying how and under what conditions
the open space area is to be used and maintained. The plan shall specify
the areas to be dedicated to open space, recreation, and storage.
Open space areas shall be maintained and used for their stated purpose,
and a note shall be placed on the subdivision plat stating that the
open space areas shown on the plat shall not be developed as mobile
home park lots.
G.
Roads.
(2)
Streets within a mobile home park that are to be privately owned
roads shall be built according to acceptable engineering standards,
shall be designed by a professional engineer registered in the State
of Maine, and shall meet the following design standards:
(3)
Privately owned roads within a mobile home park that intersect with
public ways adjacent to the mobile home park shall meet the following
standards:
(a)
The desired angle of intersection shall be 90° and the minimum
angle of intersection shall be 75°.
(b)
The maximum permissible grade within 75 feet of the intersection
shall be 2%.
(c)
The minimum sight distance shall be 10 feet for every mile per
hour of posted speed limit on the existing public way. Sight distances
shall be measured from the driver's seat of a vehicle that is 10 feet
behind the curb or edge of shoulder line with the height of 3 1/2
feet above the pavement and the height of object 4 1/4 feet.
Where the Planning Board finds it necessary, the mobile home park
land bordering the intersection shall be cleared of all growth and
sight obstructions to achieve the required visibility.
(d)
The center line of any privately owned road within a park intersecting
an existing public way shall be at least 125 feet from the center
line of any other street intersecting that public street.
(4)
On-street parking shall be prohibited on privately owned roads in
a mobile home park.
(5)
No mobile home park lot shall have direct vehicular access onto an
existing public way.
(6)
Any mobile home park expected to generate average daily traffic of
200 trips per day or more shall have at least two street connections
with existing public ways.
(7)
The Planning Board shall require a traffic impact analysis if the
mobile home park will generate more than 500 trips per day.
H.
Utilities. The Planning Board shall not require electrical utilities
and telephone lines to be located underground within a mobile home
park. A developer may install utilities anywhere within the mobile
home park.
I.
Lighting. Outdoor lighting shall be provided to adequately illuminate
internal streets and pedestrian walkways. Lights shall be sized and
directed to minimize adverse impact on adjacent properties.
[Amended 9-10-2012]
J.
Storage. At least 300 cubic feet of enclosed tenant storage shall
be conveniently provided on or near each mobile home lot for the storage
of materials and equipment.
K.
Administration.
(1)
Mobile home park lots must be designated on the subdivision plan
for the proposed mobile home park.
(2)
A person proposing development or expansion of a mobile home park
has the burden of proving that development will not pollute a public
water supply or aquifer or violate any state law relating to land
development, subdivision, or use.
(a)
Groundwater impact assessment. Accompanying the application
for Planning Board approval of any mobile home park which is not served
by public sewer shall be an analysis of the impacts of the proposed
mobile home park on groundwater quality. The hydrogeologic assessment
shall be prepared by a certified geologist or registered professional
engineer, experienced in hydrogeology, and shall contain at least
the following information:
[1]
A map showing the basic soils types.
[2]
The depth to the water table at representative points throughout
the mobile home park.
[3]
Drainage conditions throughout the mobile home park.
[4]
Data on the existing groundwater quality, either from test wells
in the mobile home park or from existing wells on neighboring properties.
[5]
An analysis and evaluation of the effect of the mobile home
park on groundwater resources. The evaluation shall, at a minimum,
include a projection of post-development nitrate-nitrogen concentrations
at any wells within the mobile home park, at the mobile home park
boundaries and at a distance of 1,000 feet from potential contamination
sources, whichever is a shorter distance. For mobile home parks within
the watershed of a lake, projections of the development's impact on
groundwater phosphate concentrations shall also be provided.
[6]
A map showing the location of any subsurface wastewater disposal
systems and drinking water wells within the mobile home park and within
200 feet of the mobile home park boundaries.
(b)
Standards for acceptable groundwater impacts.
[1]
Projections of groundwater quality shall be based on the assumption
of drought conditions (assuming 60% of annual average precipitation).
[2]
No mobile home park shall result in existing groundwater quality exceeding 50% of the physical, biological, chemical and radiological levels for raw and untreated drinking water supply sources specified in the Maine State Drinking Water Regulations pursuant to 22 M.R.S.A. § 2601 et seq. If existing groundwater quality is inferior to Maine State Drinking Water Regulations, the applicant shall not degrade the water quality any further. This criteria shall apply to the property boundaries existing and proposed water supply wells and springs. If groundwater assessment under Subsection K(2)(a) above shows that the effect of the development or use of land will be to exceed whichever of these groundwater quality standards applies, that will be the basis for denial of the application.
(3)
No mobile home park approved under this section may be converted
to another use without Planning Board approval and without meeting
the appropriate district dimensional and setback requirements. The
subdivision plan for the mobile home park development, expansion,
or amendment shall include the following note: "This subdivision plan
is approved solely as a mobile home park as defined in 30-A M.R.S.A.
§ 4358; the area of each lot of this subdivision is lawfully
less than the minimum lot size otherwise required under the Town's
Zoning Ordinance solely because of its status as a lot within a mobile
home park. If any or all of the lots depicted upon this subdivision
plan cease to be used as a mobile home park as so defined, this subdivision
plan must first be revised to comply with the Town's then-current
land use ordinances."
A.
Parking. Off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any use is established, except as otherwise approved by the Planning Board under Chapter 229, Site Plan Review.
Use
|
Parking Spaces Required (Minimum)
| |
---|---|---|
Commercial accommodations
|
1.2 for each lodging unit
| |
Residential
|
2.5 per dwelling unit
| |
Church and school room
|
1 per 3 seats in principal assembly
| |
Private club or lodge
|
1 per 4 members
| |
Theater
|
1 per 4 seats
| |
Residential care facilities
|
See § 315-71C(6)
| |
Professional offices and business services, medical clinics
and retail business in commercial districts
|
1 for each 250 square feet of gross leasable area
| |
Retail businesses and personal service establishments
|
1 for each 180 square feet of gross leasable sales area
| |
Eating and drinking establishment
|
1 for every 3 seats
| |
Industrial
|
1 for each 1.2 employees, based on the highest expected average
employee occupancy
| |
Funeral homes
|
1 for each 75 square feet of floor in slumber rooms, parlors,
and individual service rooms
| |
Bed-and-breakfast
|
Residential parking space requirement and 1 per guest bedroom
| |
Day-care center and nursery school
|
See § 315-47B(5)
|
B.
The use of any land in a residential district for a parking lot,
with or without charge, for the purpose of serving a public beach
or other area open to the public may be permitted as a special exception
by the Board of Adjustment and Appeals. The Board shall impose such
restrictions concerning hours of operation, lighting, landscaping,
buffering, and traffic circulation as not to cause undue adverse effect
on the use of the other property in the area.
C.
Off-street loading. Logically and conveniently located space for
bulk pickups and deliveries, scaled to delivery vehicles expected
to be used, and accessible to such vehicles when required off-street
parking spaces are filled, shall be provided for all commercial and
industrial uses. Required off-street loading space is not to be included
as off-street parking space in computation of required off-street
parking space. Off-street loading shall not face residential uses
on abutting property without provision for a one-hundred-foot visual
buffer measured from the edge of the access area of dense vegetation
sufficient to substantially screen the loading area or a buffer of
not less than 50 feet when a solid fence is to be used.
A.
Recognizing the growing development of and need for private aircraft
service in the Town of Cumberland, it has been deemed appropriate
to adopt provisions which provide for the safe and orderly development
of private airports and private heliports within designated zones
of the Town.
B.
Private airports and private heliports, as defined herein, shall
be allowed at locations where permitted under this chapter, subject
to approval by the Planning Board under site plan review and subject
to the following provisions:
(1)
The private airport or private heliport shall be limited to the basing
of only one aircraft which shall be owned by and registered to or
leased by the airport or heliport owner.
(2)
No commercial operations or activities shall be permitted on or from
the airport or heliport.
(3)
No more than three aircraft shall be permitted at the airport or
heliport at any one time.
(4)
Flight activities shall be prohibited from 1/2 hour prior to sunset
to 1/2 hour after sunrise.
(5)
Guest usage shall not be considered occasional if the guest aircraft
utilizes the airport or heliport for more than seven days in any one
month or 12 days in any calendar year.
(6)
The minimum runway length of the airstrip shall be 1,500 feet.
(7)
Operations at airports and heliports shall be restricted to aircraft
of gross weights not exceeding 3,000 pounds and rotorcraft of gross
weights not exceeding 3,500 pounds.
(8)
The minimum setbacks required for parcels containing an airport shall
be a minimum setback of 400 feet from either side of the center line
of the runway and a minimum setback of 750 feet from either end of
the runway.
(9)
Heliports shall require designated landing areas of 50 feet by 50
feet, with setbacks from all sides of the designated landing area
of not less than 150 feet from the property perimeter.
(10)
Temporary landing areas for rotorcraft in use for three days
or less in any calendar year are exempt from the provisions of this
chapter.
(11)
The Planning Board may request an evaluation of the air safety
aspects of the site plan from the Division of Aeronautics of the Maine
Department of Transportation.
(12)
No airport or heliport other than a private airport for personal
use or a private heliport for personal use shall be permitted.
A.
Nothing in this chapter shall be deemed to prevent erection, construction, alteration or maintenance in any district of distribution lines of any utility, such as water or gas mains, sewer lines or pipes, within the limits of a public way, provided that all necessary statutory permits and licenses have been obtained, and further provided that such transmission or distribution lines, if located in a subdivision requiring the approval of the Planning Board, shall be subject to Chapter 250, Subdivision of Land, as now enacted or as hereafter amended. For the purposes of this section, a telecommunications facility is not considered a public utility.
[Amended 9-10-2012]
B.
No underground transmission lines, not located in a public way, but
excluding waterlines and sewer lines, shall be permitted in any district
unless allowed by the Board of Adjustment and Appeals as a special
exception. In addition to the other criteria contained in this chapter
to be followed by said Board in granting or denying requests for special
exceptions, the Board shall take into consideration the effect of
the location of the underground lines upon other development in the
area, the materials used in the construction of such lines, the size
thereof, and the proposed treatment of the surface of the land within
the work limits and/or the right-of-way for such lines.
C.
No aboveground transmission lines, not located in a public way, shall
be permitted in any district unless allowed by the Board of Adjustment
and Appeals as a special exception. In addition to the other criteria
contained in this chapter to be followed by said Board in granting
or denying requests for special exceptions, the Board shall take into
consideration the effect of the location of the aboveground lines
upon other development in the area, the materials used in the construction
of such lines, the size thereof, and the proposed treatment of the
surface of the land within the work limits and/or the right-of-way
for such lines, and also any proposed screening of such aboveground
facilities by plantings or otherwise to minimize the distracting visual
effects upon users of any public ways in the area and on the users
of residential properties in the area.
D.
Accessory structures, including power substations and standpipes,
but excluding sewer pumping stations, may be permitted in any district
as special exceptions by the Board of Adjustment and Appeals, with
review requirements as listed in the district requirements. These
structures shall further be subject to site plan review by the Planning
Board. Sewer pumping stations shall be a permitted use in specified
districts, except that site plan review by the Planning Board shall
be required. District dimensional requirements as regard lot sizes,
setback and lot coverage shall not apply to said accessory structures
and/or sewer pumping stations, except that, as a part of the special
exception review, the Board of Adjustment and Appeals shall assure
that said facilities are located on a site of sufficient size to provide
any screening or other necessary buffering from any residential neighborhood.
E.
Primary, nonaccessory buildings of a public utility, including those
designed for the production or generation or relay of the service
offered by the utility, may be permitted in any district where the
same is listed as a special exception by the Board of Adjustment and
Appeals. Business offices of a public utility shall not be subject
to the provisions of this subsection but shall be subject to the general
requirements of this chapter applying to professional offices.
[1]
Editor’s Note: Former § 315-59.1, Registered dispensaries,
added 2-10-2014, was repealed 11-26-2018.
[Added 5-22-2017]
A.
The
following uses as defined by this chapter and under the Marijuana
Legalization Act (7 M.R.S.A. §§ 2441 through 2454,
as may be amended and successor provisions thereof) are hereby expressly
prohibited in all districts within the Town of Cumberland:
A self-storage facility is a fully enclosed structure with individual,
secured units (accessed with or without supervision from separate
internal doors) used for the exclusive purpose of storage of nonhazardous
business or personal materials. The footprint of the structure shall
be no larger than 15,000 square feet in size. The building shall not
exceed a height of 35 feet and shall be required to meet all applicable
lot standards of the zone in which it is located. There shall be no
outside storage of any kind, including such large items as recreational
vehicles and boats. The structure shall be landscaped with plantings
sufficient to buffer the structure from adjacent properties. The architectural
design of the building shall be consistent with the New England vernacular
and shall include such features as pitched roofs, vertical rectangle
windows, and brick, clapboard or shingle siding. The use of vinyl
siding is acceptable; metal siding is not. There shall be no more
than one standard (residential garage) size door on the front of the
building facing the road. There shall be no more than two overhead
doors on the remainder of the building; these shall be located on
the side or rear of the building.
[Added 7-24-2017; amended 11-22-2017]
A.
Design Standards.
(1)
When the development proposal provides for the construction
or expansion of a building visible from an existing or proposed road,
special consideration shall be paid to the design of the building
and site. In general, buildings shall be designed so that they appear
to face the existing road where feasible.
(2)
No service or storage areas shall be located between buildings
and an existing road.
(3)
Curb cuts onto existing roads shall be minimized where practical.
(4)
Parking lots shall be located internally where practical.
(5)
Development within the senior housing community is encouraged
to be designed with environmentally sustainable elements such as:
(6)
All structures, including storage facilities, shall be designed
in the traditional New England architectural style as defined further
in Section 2 of Chapters 315a, 315b and 315c.[1]
[1]
Editor's Note: See Route One Design Guidelines, Route 100 Design Standards and Town Center District Standards, included as attachments to this chapter.
[Amended 8-10-1998; 3-24-2003; 9-10-2012; 5-9-2016]
Private streets meeting the following standards, as determined
by the Code Enforcement Officer, may be used to satisfy the lot frontage
requirement for residential uses:
A.
Except in the IR Zone, the private street application shall be accompanied
by a plan showing the private street(s), which plan shall be prepared
by a registered land surveyor. The plan shall be drawn in permanent
ink on permanent transparency material and shall be sealed by the
surveyor preparing the plan. The plan shall be labeled "Plan for a
Private Street" and shall provide an approval block for the signature
of the Code Enforcement Officer, the date of the approval, and the
words "Private Street, Approved by the Town of Cumberland Code Enforcement
Officer." The plan shall show information sufficient to establish
on the ground the exact location, direction, width, and length of
the private street. Where a proposed private street contains severe
slopes, stream crossings, or a significant amount of cut and fill,
the applicant shall also provide a profile of the street. In addition,
a street plan and cross section shall be submitted for each private
street serving two or more dwelling units. The plan shall also contain
a note which shall read: "The Town of Cumberland shall not be responsible
for the maintenance, repair, plowing, or similar services for the
private street shown on this plan." The original plan(s) shall be
recorded in the Cumberland County Registry of Deeds within 90 days
of approval of the plan of the private street, and proof of such recording
shall be submitted to the Code Enforcement Officer prior to the issuance
of any building permit. If the plan is not recorded within this period,
the approval shall be void.
B.
If the private street provides access to two or more dwelling units,
the applicant shall prepare a maintenance agreement in a form acceptable
to the Town Attorney and shall submit this as part of the application.
This maintenance agreement shall specify the rights and responsibilities
of each lot owner with respect to the maintenance, repair and plowing
of the private street. The applicant shall record this maintenance
agreement in the Cumberland County Registry of Deeds within 90 days
of approval of the plan of the private street by the Code Enforcement
Officer and shall submit proof of such recording to the Code Enforcement
Officer prior to the issuance of any building permit. Deeds to new
lots located on private streets servicing two or more dwelling units
shall include references to the required maintenance agreement.
C.
Except in the IR Zone, private streets shall have a minimum right-of-way
width of 36 feet, which includes five-foot easements on each side
for snow storage and future utilities and a paved apron at least five
feet in length commencing at the edge of pavement where it intersects
with the existing street. The paved apron shall be constructed to
the following standards:
[Amended 7-25-2022]
(1)
Fifteen inches of base gravel meeting MDOT Spec. 703.06 Type D.
(2)
Three inches of surface crushed gravel meeting MDOT Spec. 703.06
Type A.
(3)
The thickness of paving of the apron shall be a total thickness of
three inches of hot bituminous pavement, with a surface course (9.5
mm) of one inch and a base course (19 mm) of two inches.
(4)
A negative two-percent grade from the existing edge of pavement to
an appropriate drainage way, but in no case less than five feet from
the travel surface of the public street it intersects.
(5)
The approach radius shall be specified by the Public Services Director.
(6)
All entrances shall be located so that the sight distance in both
directions is 10 feet of sight for every one mile of posted speed
limit. This standard may be reasonably reduced by the Public Services
Director in circumstances where no reasonable alternative exists.
D.
Private streets.
(1)
Except in the IR Zone, the construction of private streets shall
meet the following minimum standards:
Minimum roadway width (feet)
|
18
| |
Minimum base (inches)
|
15
| |
Wearing surface (inches)
|
3
| |
Maximum length
|
None
| |
Maximum grade
|
10%
| |
Minimum grade
|
0.5%
| |
Minimum center-line radius (feet)
|
100
| |
Minimum tangent between curves of reverse alignment (feet)
|
0
| |
Minimum angle at street intersections
|
75°
| |
Turnaround at dead end
|
See required turnaround
| |
Stormwater drainage
|
Approved by Town
|
(2)
Where a proposed private street will be located adjacent to lots
with existing structures that are not part of the development that
will be served by the proposed private street, the traveled portion
of the private street shall be located in a manner that retains an
undeveloped portion of the street adjacent to the existing structures,
with such undeveloped portion including an effective landscaped buffer.
E.
Private streets shall be inspected by the Public Services Director,
unless the Public Services Director determines physical conditions
such as stream crossings or wetland areas require inspection by a
registered professional engineer or other qualified land use professional.
Prior to the issuance of building permits for lots served by a private
street, the Public Services Director shall certify to the Code Enforcement
Officer that the private street(s) has been constructed in accordance
with this section. The applicant shall be responsible for the cost
of each inspection by a registered professional engineer.
F.
Fees.
(1)
To help recover costs incurred by the Town in the review, administration,
site inspection, and public notice associated with the private street
application, at the time of filing the private street application,
the applicant shall pay to the Town of Cumberland fees and deposits
in such amount(s) and for such purpose(s) as the Town Council may
from time to time establish by Council order.
G.
The Code Enforcement Officer, the Town Planner, and the Public Services
Director shall review and approve applications for private streets
serving dwelling units when such private streets meet the standards
set forth in this chapter. The Code Enforcement Officer shall issue
decisions under this section in writing. Such decisions may be appealed
by filing a written notice of appeal stating the reasons therefor
with the Cumberland Board of Adjustment and Appeals within 30 days
of the date of decision.
H.
This amendment[1] applies to all private streets proposed to be created
after the effective date of this amendment and to existing private
streets upon which one or more new dwelling units are proposed to
be constructed after the effective date of this amendment, unless
such dwelling is to be constructed on a lot that was in existence
on August 10, 1998.
[1]
Editor's Note: This section was amended effective 8-10-1998
and 3-24-2003.
I.
In the IR Zone, an applicant shall submit to the Code Enforcement
Officer an application for a private right-of-way required to provide
access to a structure located within that zone. The application shall
specify the location of the proposed right-of-way, the proposed width,
the materials to be utilized in the construction of the road, grades,
provisions for drainage, and sight distances at any turning radius.
The Code Enforcement Officer shall approve any plan that makes adequate
provision for these items, provided that the Fire/EMS Chief approves
the application for sufficiency of access for emergency vehicles.
J.
The provisions of this section shall not apply to privately owned
roads within a mobile home park.
A.
All subsurface sewage disposal systems shall be constructed in conformance
with the State of Maine Subsurface Waste Disposal Rules, except that
where the requirements of this section differ from the rules, the
requirements of this section govern.
B.
The minimum setback for underground sewage disposal facilities from
the normal high-water mark of a water body shall be no less than 100
horizontal feet. Where daily sewage flow exceeds 2,000 gallons, the
minimum setback shall be 300 feet from any shoreline. All other setback
requirements of the Subsurface Waste Disposal Rules shall be met in
full. Setbacks from shorelines for all subsurface sewage disposal
facilities shall not be reduced by variance.
C.
The following soils are unsuitable for construction of subsurface
sewage disposal systems due to their very severe limitations of drainage,
flooding and organic nature: Chocorua, Whately, Sebago, Saco-Limerick,
Borohemists, Borosaprists, and Sulfihemists.
D.
Except for a lot of record in the Cumberland County Registry of Deeds
created before May 26, 1987, the minimum separation between any subsurface
sewage disposal system and a dug well or spring shall be 200 feet.
An applicant may obtain a waiver of the two-hundred-foot separation
from the Town Plumbing Inspector, if the applicant demonstrates by
appropriate engineering data that the proposed action will not adversely
affect water quality, but in no event shall separation be less than
100 feet. For purposes of this subsection, "not adversely affect water
quality" shall mean that no development or use of land shall result
in existing groundwater quality exceeding 50% of the physical, biological,
chemical and radiological levels for raw and untreated drinking water
supply sources specified in the Maine State Drinking Water Regulations
pursuant to 22 M.R.S.A. 2601. If existing groundwater quality is inferior
to the State Drinking Water Regulations, the developer or landowner
will not degrade the water quality any further. This criterion shall
apply to any existing or proposed water supply source. As a minimum,
the direction and rate of groundwater movement shall be determined
and a projection made by analytical methods of groundwater quality
at any well location. Where necessary in order to demonstrate compliance
with the above waiver standard, the investigation shall include soil
borings, installing groundwater observation wells, measurement of
groundwater elevation at wells, estimation of the rate and direction
of groundwater movement, measurement of existing groundwater quality,
and identification of existing water supply wells or springs on abutting
properties. If the hydrogeologic evaluation and projection of groundwater
and/or surface water quality show that the effect of the development
or use of land will be to exceed the above groundwater quality standards,
that will be the basis for denial of the waiver.
[Amended 9-10-2012; 4-10-2017]
A.
Purpose. It is the intent of these regulations to provide for attractive,
coordinated, informative, and efficient signs with the express purpose
of protecting property values, enhancing the physical appearance of
the Town, and providing for public safety.
B.
ABANDONED SIGN
ADVERTISING SIGN
AGRICULTURAL SIGN
ATHLETIC FIELD SIGN
AWNING SIGN
BANNER OR STREAMER SIGN
BILLBOARD SIGN
CHANGEABLE COPY SIGN
CONSTRUCTION SIGN
CONTRACTOR SIGN
DEVELOPMENT IDENTIFICATION SIGN
DIRECTIONAL OR INSTRUCTIONAL SIGN
ELECTRONIC MESSAGE CENTER SIGN
ENTITY
EXTERNALLY ILLUMINATED
FLAGS
FREESTANDING SIGN
HELIUM OR INFLATED SIGN
HISTORICAL DESIGNATION SIGN
HOME OCCUPATION SIGN
IDENTIFICATION SIGN
ILLUMINATION
INTERNALLY ILLUMINATED SIGN
KIOSK SIGN
MAINE DEPARTMENT OF TRANSPORTATION (MDOT) BUSINESS DIRECTIONAL
SIGN
NONCONFORMING SIGN
ON-PREMISES SIGN
PORTABLE SIGN
PROJECTING SIGN
PUBLIC WAY
REAL ESTATE SIGN, OFF-SITE
REAL ESTATE SIGN, ON-SITE
ROOF-MOUNTED FACADE SIGN
SIGN
SIGN AREA
SIGN SETBACK
SIGN STRUCTURE OR SUPPORT
SIGNAGE PLAN
SUBDIVISION SIGN
SUSPENDED SIGN
TEMPORARY OFF-PREMISES COMMERCIAL SIGN
TEMPORARY OFF-PREMISES NONCOMMERCIAL SIGN
TEMPORARY ON-PREMISES SIGN
THIRD-PARTY SIGN
VEHICULAR SIGN
WALL SIGN
WIND ACTIVATED SIGN
WINDOW SIGN
YARD SALE SIGN
Definitions.
Any sign that advertises a business, lessor, owner, product,
service, or activity that is no longer located on the premises where
the sign is displayed.
A sign that has as its purpose to promote, advertise, or
sell a product or service obtainable on the premises upon which the
sign is located, and not to identify the premises.
A permanent or temporary identification sign on a parcel
of land used in whole or in part for agricultural purposes and/or
an advertising sign for the sale of products produced on the property
where the sign is located.
A one-sided sign that is placed on a fence that fully or
partially surrounds an athletic field.
Any sign placed on the face of an awning. An awning is a
flexible, woven cloth fabric mounted above and/or projected above
a window or door.
A sign made of flexible materials and supported along one
or more sides or at two or more corners by staples, tape, wires, ropes,
strings or other materials that are not fixed or rigid.
A board or panel exceeding 15 square feet in area used for
the display of posters, or printed or painted advertising matter that
directs attention to goods, merchandise, entertainment, or services
offered elsewhere than the premises where the sign is located.
A nondigital sign with characters, numerals or letters that
can be changed or rearranged without altering the face of the surface
of the sign.
A sign placed at a construction site identifying or announcing
the project or the name of the architect, engineer, contractor, financier,
or others involved in the development of the project, not to exceed
the duration of the project.
A temporary sign placed on site by a contractor to advertise
the work done on the property during the time such work is being performed.
An on-site sign identifying by logo, trademark, symbol, address,
name or any combination thereof, a building, premises or property;
for example, a subdivision or a shopping center.
An on-premises sign designed to guide vehicular and/or pedestrian
traffic by using such words as "Entrance," 'Exit," "Parking," "One-Way"
or similar direction or instruction, but not including any advertising
message. The name or logo of the business or use to which the sign
is giving direction may also be included on the sign.
A digital form of a changeable copy sign that is electronically
controlled by remote or automatic means to display characters, numerals
or letters through the use of internal illumination, such as light
emitting diodes (LEDs).
An organization or being that possesses separate existence
for tax purposes. Examples would be corporations, churches or not-for-profit
organizations.
A light source that is external to any sign and which casts
light onto the sign from some distance.
A piece of cloth, varying in size, shape, color, and design,
usually attached at one edge to a staff or cord, and used as the symbol
of a nation, state, organization or other entity and/or which is designed
to provide information, e.g., "open." Examples of flags are banners
and pennants.
Any nonmovable sign not attached to a building. This can
be a sign with only the name of one entity or a kiosk-type sign showing
multiple entities on the parcel.
A sign that is tethered to the ground and remains airborne
when inflated with helium or other gas designed to inflate or levitate
the sign.
A sign that gives notice that a property is of an historic
nature as determined by a state, federal or local government agency.
A sign containing only the name and occupation of a permitted
home occupation.
A sign which displays only the name, address, and/or crest,
insignia, trademark, occupation or profession of an occupant or the
name of any building on the premises.
A source of light for a sign that is external or internal
to the sign.
A sign designed to give forth artificial light through transparent
or translucent material from a source of light within the sign, which
includes, but may not be limited to sources of light such as light
emitting diodes (LEDs).
A sign or group of signs attached to a building or freestanding,
which identifies the business, owner, address, or occupation of a
group of businesses, but contains no advertising.
An off-site sign which provides direction to a business location
and which is issued by the Maine Department of Transportation (MDOT).
A sign lawfully existing at the time of adoption, revision,
or amendment of the ordinance which no longer conforms to the zoning
standards because of said revision or amendment.
A sign that is erected and maintained upon the real property
on which a business, facility or point of interest advertised by the
sign is located that is intended to be permanent in nature. This includes,
but is not limited to, advertising signs, directional or instructional
signs, home occupation signs, window signs and historical designation
signs.
A sign, not to exceed two feet by four feet in size, that
is not permanently affixed to a structure or the ground and that is
designed to be transported. Portable signs may include, but are not
limited to, signs designed to be transported by wheels, signs with
A- or T-frames, or menu and sandwich boards.
An outdoor sign which is attached to a wall at an angle.
Projecting signs must clear the ground by at least eight feet and
contain advertising for no more than two activities or businesses.
Any way designed for vehicular or pedestrian use and maintained
with public funds.
A readily removable sign announcing the proposed sale or
rental of property other than the property upon which the sign is
located and providing directions to the subject property.
A sign announcing the sale or rental of the property upon
which the sign is located.
A sign mounted above the eave line of a structure.
A communication device, structure, or fixture that incorporates
graphics, symbols, or written copy intended to promote the sale of
a product, commodity, or service or to provide direction or identification
for a premises or facility.
The area of the square, rectangle, triangle, circle or combination
thereof, which encompasses the facing of a sign, including copy, insignia,
background and borders. The structural support of a sign is to be
excluded in determining the sign area. Where a supporting structure
bears more than one sign, all such signs on the structure shall be
considered as one sign, and so measured. Where a sign includes two
sides, only one side shall be counted for purposes of determining
the sign area.
The closest distance back from the road right-of-way that
a sign may be located.
The supports, uprights, bracing, or framework of any structure
that exhibits, supports or is capable of supporting a sign.
A graphic representation showing a comprehensive detailed
presentation of all signage proposed for a particular lot or lots.
A freestanding sign located at the entrance to a residential
subdivision, which gives the name of the subdivision and logo, if
any. A subdivision sign may have two faces back-to-back or, if integrated
as part of landscaping or solid structural features, may be two signs,
each constructed at either side of the entrance into the subdivision.
A sign that is suspended, parallel, or perpendicular from
a building wall, roof, façade, canopy, marquee, or porch by
means of brackets, hooks, or chains and the like.
A freestanding sign that is placed within the public right-of-way
for a limited period of time. This includes, but is not limited to,
contractor signs, off-site real estate signs and yard sale signs.
A sign bearing a noncommercial message that has been placed
within the public right-of-way for a limited period of time. This
includes, but is not limited to, signs such as campaign or election
signs and signs promoting or advertising civic events.
[Amended 8-22-2022]
A freestanding sign that is placed upon the real property
upon which a business, facility or point of interest advertised by
the sign is located that is intended to be temporary in nature for
a specified period of time. This includes, but may not be limited
to, construction signs, contractor signs, development identification
signs, real estate signs, portable signs, and yard sale signs that
are in place for the duration of a specific event, project and/or
sale.
Any sign identifying an enterprise and/or including a sponsoring
advertisement, such as Coca-Cola.
A vehicle that displays a logo, image or text that advertises
or calls attention to any thing, person, business, activity or location.
An outdoor sign which is attached flat to, painted on, or
pinned away from a building or wall or part thereof, and does not
project more than 18 inches from the wall.
Any sign designed and fashioned in such a manner as to move
when subjected to wind pressure.
A sign affixed to the interior or exterior of a window or
placed immediately behind a window pane so as to attract the attention
of persons outside the building.
A sign with a message advertising the resale of personal
property that has been used by the resident.
C.
Application process, permits and fees.
(1)
A person who wishes to erect or display a sign within the Town shall make application on a prescribed application form and submit the same to the Town Planner for each location where a sign is desired. For parcels on which more than one sign is permitted under this section, only one application shall be required. A fee as established by the Town Council in Chapter 84 of the Cumberland Code shall be submitted with each application, except as indicated in Subsection D(1). Each application shall include, at a minimum, information regarding the dimensions, materials, colors, lighting, and method of mounting for the proposed sign.
(2)
The Town Planner shall review the application and make a recommendation
to the Code Enforcement Officer for approval or denial. The Code Enforcement
Officer shall either approve or deny the application within eight
working days of receipt of submission. If the application is denied
by the Code Enforcement Officer, reasons for the denial shall be provided
to the applicant.
(3)
Any person aggrieved by the decision of the Code Enforcement Officer
regarding an application may appeal to the Board of Adjustment and
Appeals, which shall consider said appeal within 30 days or at its
next regularly scheduled meeting, whichever event occurs later, and
the decision of the Board of Adjustment and Appeals shall be final.
(4)
No sign shall be erected, attached, suspended or altered until a
permit has been issued to the person or owner in control of the sign.
D.
Applicability and exemptions.
(1)
The
provisions of this section shall apply to all new and replacement,
temporary and permanent signs proposed for erection or display in
the Town of Cumberland.
(a)
The provisions of Subsection C of this section shall not apply to:
[1]
Temporary on-premises signs.
[2]
Temporary off-premises noncommercial signs.
[3]
Historical designation signs.
[4]
Agricultural signs (temporary on-premises or temporary off-premises signs only; permanent on-premises signs shall be subject to the provisions of Subsection C).
[5]
Signs relating to or controlling the use of private property.
[6]
Signs associated with one-day sales such as yard/garage/tag sales.
[7]
Directional or instructional signs.
[8]
Municipal signs.
E.
Prohibited
sign types.
(1)
The
following types of signs shall be prohibited:
(a)
Temporary off-premises commercial signs.
(b)
Wind activated signs.
(c)
Helium or inflated signs.
(d)
Banner or streamer signs.
(e)
Window signs.
(f)
Billboards.
(g)
Any sign located within a public right-of-way, except as otherwise
permitted by Maine law or this section.
(h)
Roof-mounted facade signs.
(i)
Vehicular signs that are continuously in the same location, extend
beyond the height, width or length of the vehicle, or are used to
circumvent the provisions of this section or Maine law [23 M.R.S.A.
§ 1913-A(1)(C)].
(j)
Internally illuminated signs.
(k)
Electronic message center signs.
(l)
Contractor signs within the public right-of-way.
(2)
Authorized
Town personnel have the authority to immediately remove any sign that
is in violation of this section.
F.
Existing
nonconforming signs.
(1)
Nonconforming
signs existing at the time of adoption of this section or subsequent
amendment may continue, but may not be altered, rebuilt or relocated
on the same premises. Normal maintenance and repairs are permitted.
(2)
A
nonconforming sign destroyed by accident or act of God may be replaced
with a sign that meets the standards of this section at the time of
destruction, provided that a duly issued permit has been obtained.
(3)
Nonconforming
signs located within the public right-of-way shall not be permitted
to be altered or relocated within the public right-of-way.
G.
General regulations.
(1)
Maintenance and location.
(a)
Signs must be kept clean, neatly painted and free from all hazards
such as, but not limited to, faulty wiring and loose fastenings, and
must be maintained at all times in such safe conditions so as not
to be detrimental to the public health or safety or to the physical
appearance or scenic or natural beauty of the community, or constitute
a distraction or obstruction that may contribute to traffic accidents.
Whenever a sign shall become structurally unsafe or endanger the safety
of a building or the public, the Code Enforcement Officer shall order
such sign to be made safe or removed. Such order shall be complied
with within 10 days of the receipt thereof by the person owning or
using the sign, or by the owners of the building or premises on which
such sign is affixed or erected.
(b)
Any sign which no longer advertises or identifies a bona fide
business conducted, product sold, activity being conducted, or public
notice shall be taken down and removed by the owner, agent or person
having the beneficial use of the building or premises upon which such
sign may be found within a period of 14 days following the date the
activity has ceased.
(c)
No sign, whether new or existing, shall be permitted that causes
a sight, traffic, health or welfare hazard or results in a nuisance
due to illumination, placement, display, or manner of construction.
(2)
Number of signs. Up to two signs per business may be displayed on
any lot in all zoning districts within the Town. These two signs shall
not include temporary on-premises signs otherwise permitted by this
section that are placed for a limited duration in association with
a specific event, sale or project. One sign may be located at the
entrance and another sign on the building. If two signs per business
are proposed, one of the two signs may include advertising for products
sold on the premises or by the business located on the premises, and
such second sign shall not exceed 50% of the allowable sign size for
the district in which it is located, regardless of whether it includes
product advertising.
(3)
Dimensional standards.
(a)
Sign area. No individual sign shall contain more than 30 square feet
of sign area in the Highway Commercial (HC), Village Center Commercial
(VCC), Mixed-Use (MUZ), Office Commercial South (OC-S), Office Commercial
North (OC-N), Village Office Commercial I (VOC I), Village Office
Commercial II (VOC II), Village Mixed-Use (V-MUZ), Industrial (I)
and Rural Industrial (RI) Districts. Signs in all other districts
shall not contain more than 25 square feet of sign area.
(b)
Height. No individual sign shall have a height greater than 25 feet above the ground level of land upon which it is located and as measured from the ground to the highest point on the sign. Signs attached to a principal structure as defined in § 315-4 shall not extend above the roofline or the parapet, whichever is higher, but in no event shall the sign be higher than the structure to which it is attached.
(c)
Setback. No sign or attached structure or support shall be placed at or near the edge of any public way, as may be determined by a lawful authority, so as to obstruct sight lines for pedestrians, cyclists or drivers from the property on which the sign is located or from within the right-of-way, or otherwise encroach into the airspace of any public right-of-way. Sign setbacks shall be measured from the closest projecting edge of the sign. Portions of a sign structure may project no more than two feet from the edge of the sign area. MDOT business directional signs or attached structures or supports shall not be located in a manner that obstructs sight lines for pedestrians, cyclists or drivers from the property on which the sign is located or from within the right of way; however, MDOT business directional signs may be placed at or near the edge of a public way and may encroach into the airspace of a public right-of-way provided that all provisions of Subsection H(4) below and the MDOT sign regulations are met.
(4)
Freestanding signs.
(a)
Freestanding signs shall have no more than two faces. If the two
faces are not back-to-back, the angle of separation between the two
faces shall be less than 45 degrees. If the angle is 45 degrees or
greater, the sign shall be considered as two separate signs and shall
be approved only if the site qualifies for two signs. The back of
freestanding signs with only one face used for signing area shall
be a single color.
(b)
The top of freestanding signs shall not exceed the height limit of
principal structures in the zone where located or 25 feet, whichever
is less.
(c)
The area surrounding freestanding signs shall be kept neat, clean,
and landscaped.
(d)
Freestanding signs shall be designed to complement the architecture
of the associated building.
(5)
Flags.
(a)
Freestanding flags that bear messages or are intended to call attention
to a business or property in the same manner as a sign shall not be
permitted. Flags, such as those that display the word "open," a business
logo or a country or state flag, may be attached to signs, provided
that such sign is permitted by and meets all other requirements of
this section. However, no more than one flag may be attached to a
permitted sign of any kind.
(6)
Route 1, Route 100, Town Center District (TCD).
(a)
Signs that are located in the Town Center District (TCD), or along
the Route 1 or Route 100 Corridors are subject to the design guidelines
and/or standards found in this chapter. Refer to the documents for
those districts for specific standards.
H.
Specific sign types.
(1)
Athletic field signs.
(a)
Signs may be installed on the fences of all athletic fields, subject
to the following:
[1]
Individual signs are to be no more than four feet by eight feet.
[2]
Text and graphics shall be on only one side of the sign, and the
signs shall be installed so the text and graphics face in toward the
field.
[3]
All signs must be removed at the end of the sport's season for which
the athletic field is designated.
(2)
Awning
signs.
Awning signs shall be allowed in all districts, provided that they receive a permit pursuant to Subsection C of this section.
(3)
Changeable copy signs.
Changeable copy signs shall be permitted in all districts on lots that do not include residential uses, provided that they receive a permit pursuant to Subsection C of this section.
(4)
Home occupation signs.
(a)
Home occupation signs shall be permitted in all districts. Home occupation
signs may not exceed four square feet in surface area. A home occupation
sign shall be placed on the structure in which the home occupation
is located, unless the structure is not visible from the right-of-way,
in which case the sign may be located at the entrance to the property
on which the home occupation is located provided that it is located
so as not to impact visibility from the driveway or right-of-way.
The sign may only include the name, address, and type of home occupation
of the occupant(s) of the premises on which said sign is located.
(5)
Maine Department of Transportation (MDOT) business directional signs.
(a)
Purpose. This subsection regulates and restricts business directional
signs within the Town in order to promote the safety and well-being
of the users of the public ways, reduce distractions, and preserve
the natural beauty and other aesthetic features of the Town.
(b)
Location.
[1]
Business directional signs may be located within the State of Maine
DOT right-of-way, subject to Maine Department of Transportation (DOT)
placement approval, only on approaches to the Town intersections of
roads that include one or more State of Maine roads:
[a]
United States Route 1 at Tuttle Road;
[b]
Tuttle Road at Middle Road;
[c]
Route 9 at Winn Road;
[d]
Route 9 at Tuttle and Blanchard Roads;
[e]
Route 9 at Greely Road;
[f]
Skillin/Blackstrap Roads at Routes 26 and 100;
[g]
Blanchard Road at Skillin Road;
[h]
Route 100 at Range Road;
[i]
Route 88 and Tuttle Road;
[j]
Route 100 and Blackstrap.
(c)
Standards. Business directional signs erected or in place after the
effective date of this section shall meet all specifications set forth
in the Maine Department of Transportation Official Business Directional
Signs Regulations.
[1]
Directional signs shall be located within 1,000 feet of the intersection
where a change in direction is required, and there shall be no more
than three signs per post assembly, with only one post assembly per
intersection approach. Businesses must be located within five miles
of the intersection sign, and businesses may be eligible for no greater
than four signs within the Town.
(d)
Maintenance.
[1]
All signs shall be furnished by the business owner or applicant and
shall be installed by the DOT at approved locations on approved signposts
furnished by the DOT, which shall thereafter maintain the sign support.
[2]
Signboards which are lost, stolen, defaced, or damaged shall be replaced
by the owner for reinstallation by the DOT.
[3]
Businesses with signs which are no longer applicable due to business
name or location changes, or other reasons, shall notify the DOT within
30 days of such change to have the sign removed. An owner failing
to properly maintain a sign may subject the sign to removal by the
DOT.
(6)
Temporary off-premises noncommercial signs.
Temporary off-premises noncommercial signs located in the public
right-of-way shall comply with the requirements of 23 M.R.S.A. § 1913-A(1)(L),
as amended. No such sign shall be located within five feet of the
traveled portion of the right-of-way or within 30 feet of another
temporary sign bearing the same or substantially the same message.
A temporary off-premises noncommercial sign may not exceed four feet
by eight feet in size. A sign under this subsection must be labeled
with the name and address of the individual, entity or organization
that placed the sign within the public right-of-way and the designated
time period the sign will be maintained within the public right-of-way.
[Amended 8-22-2022]
I.
Lighting standards.
(1)
A sign may be externally illuminated, provided that its sole purpose
is to identify the premises on which it is displayed and does not
include advertisements for products offered at the location. An externally
illuminated sign may be displayed in the following zoning districts:
Highway Commercial (HC), Office Commercial North (OC-N), Office Commercial
South (OC-S), Village Center Commercial (VCC), Village Office Commercial
I (VOC I), Village Office Commercial II (VOC II), Mixed-Use Zone (MUZ),
Village Mixed-Use Zone (VMUZ), Industrial (I), Rural Industrial (RI)
and Town Center District (TCD), provided that it does not emit a glare
beyond the premises upon which it is located.
(2)
Internally illuminated signs shall be prohibited.
(3)
All externally illuminated signs may only be lit during the actual
hours of operation of the business for which the sign is advertising,
provided that no sign may be lit between the hours of 10:00 p.m. to
7:00 a.m. Externally illuminated signs for business operations that
are 24/7, such as emergency services or churches, may be continuously
lit during the hours of 7:00 a.m. to 10:00 p.m. regardless of actual
operations or events.
(4)
In all districts where an externally illuminated sign is permitted,
the source of light of an externally illuminated sign shall be shielded
or concealed. Lighting fixtures should be located, aimed, and shielded
such that light is only directed onto the surface of the sign. Fixtures
should be mounted above the sign and be aimed downward to prevent
illumination of the sky.
(5)
Colored lights are not permitted for any externally illuminated sign.
(6)
Temporary off-premises commercial signs, temporary off-premises noncommercial
signs, and temporary on-premises signs shall not be externally illuminated.
J.
Enforcement.
The Code Enforcement Officer shall be responsible for enforcing
the provisions of this section. In the event of a violation of any
provision of this section, the Code Enforcement Officer shall notify
the property owner or person responsible for such violation, if not
the property owner and if such person can be readily determined, and
shall indicate the nature of the violation, the action necessary to
correct the violation and the time period within which such corrective
action must be taken. Where due written notification has been given
by the Code Enforcement Officer and compliance has not been made within
the required time period, the Town may cause removal of such sign
and charge the cost of such removal to the owner.
K.
Violations and penalties.
Any violation of this section shall constitute a nuisance, and
the owner, person or firm having control or use of any premises or
sign violating any provisions hereof shall be fined as established
by order of the Town Council for each day such violation is permitted
to exist after notification in writing from the Town.
L.
Minimum requirements.
The provisions of this section are minimum requirements. Whenever
the requirements of this section are at a variance with the requirements
of any other lawfully adopted statute, rule, regulation, ordinance,
deed restriction, or covenant, the most restrictive or that imposing
the highest standard shall govern.
M.
Waivers.
Notwithstanding any requirements of this section, an applicant may request and the Board of Appeals may grant a variance related to the size of a sign pursuant to the provisions of § 315-77 of this chapter.
N.
Interpretation.
The Code Enforcement Officer shall have sole discretion to classify
any sign that is not otherwise expressly defined by this section in
accordance with the provisions of this section that most closely apply
to the type of sign at issue.
O.
Effective date.
This section shall become effective on the date of adoption
by the Cumberland Town Council.
All land uses shall be located on soils in or upon which the
proposed uses or structures can be established or maintained without
causing adverse environmental impacts, including severe erosion, mass
soil movement, and water pollution, whether during or after construction.
Proposed uses requiring subsurface waste disposal, and commercial
or industrial development and other similar intensive land uses, shall
require a soil report prepared by a state-certified soil scientist
or site evaluator based on an on-site investigation. Suitability considerations
shall be based primarily on criteria employed in the National Cooperative
Soil Survey as modified by on-site factors such as depth to water
table and depth to refusal.
A.
An outdoor swimming pool shall be any artificially confined body
of water greater than 24 inches in depth in any portion which may
or may not require recirculation and filtering equipment for the maintenance
of water quality.
B.
Any swimming pool which is not located entirely within a building
shall comply with the following requirements:
(1)
The pool shall not encroach upon the setback or yard requirements
of the district in which it is located. For the purposes of this regulation,
this shall not include aprons or approaches to the swimming pool but
shall include all filtering facilities and buildings accessory to
the swimming pool as well as the swimming pool itself.
(2)
The pool shall be completely enclosed by a fence or a wall not less
than four feet in height, with appropriate doors and/or gates, and
so constructed as to reasonably prohibit the unsupervised entrance
of young children. The wall of a building or the pool itself may be
used as a part of such an enclosure. This regulation shall apply to
below-ground and aboveground pools.
(3)
These requirements shall not apply to so-called farm ponds or fire
ponds.
C.
No outdoor swimming pool shall be constructed until a building permit
has been issued by the Code Enforcement Officer.
A.
The Board of Adjustment and Appeals, before granting special exceptions
in districts where a temporary sawmill operation is permitted as a
special exception, shall first determine that the proposed operation
will meet the following requirements:
(1)
It
shall not be located within 500 feet of any dwelling, school, or religious
institution.
(2)
The
operators thereof shall file with the Town of Cumberland a bond in
an amount to be determined by the Board of Adjustment and Appeals
sufficient to ensure that, upon conclusion of the operation, the appearance
of the area will not have an adverse effect upon neighboring properties
by reason of abandoned piles of sawdust and/or other debris and ruination
of vegetation to cause excessive soil erosion.
(3)
The
operation of a temporary sawmill shall be completed within a twelve-month
period.
B.
The Board may impose such other restrictions as it deems necessary
to protect the health, safety, and welfare of the public and adjoining
properties.
Temporary structures, including mobile units used in conjunction
with construction work, shall be permitted only during the period
that construction work is in progress. Permits for temporary structures
may be issued by the Building Inspector for up to a six-month period.
Fees for the permit shall be set by order of the Town Council. The
basement of a structure shall not be used for residential purposes
before the completion of the total structure. Sanitary facilities
shall be provided in construction facilities and shall be completely
self-contained with holding tanks.
A.
No timber shall be harvested for commercial purposes from an area
greater than three acres until a permit has been issued by the Code
Enforcement Officer and a fee established by order of the Town Council
has been paid. Such permit shall be valid for a period of one year
and may be renewed.[1]
B.
All timber harvesting operations shall be managed in accordance with
the following standards:
(1)
All timber harvesting operations shall be conducted in accordance with the provisions of § 315-48 regarding control of erosion and sedimentation.
(2)
No substantial accumulation of slash shall be left within 50 feet
of the normal high-water mark of any pond, river, or saltwater body
as defined. At distances greater than 50 feet from the normal high-water
mark of such waters, and extending to the limits of the area covered
by this chapter, all slash shall be disposed of in such a manner that
it lies on the ground and no part thereof extends more than four feet
above the ground.
(3)
Skid trails, log yards, and other sites where the operation of logging
machinery results in the exposure of substantial areas of mineral
soil shall be located such that an unscarified filter strip is retained
between the exposed mineral soil and the normal high-water mark of
any pond, river, or saltwater body as defined. The width of this strip
shall vary according to the average slope of the land as follows:
Average Slope of Land Between Exposed Mineral Soil and
Normal High-Water Mark
|
Width of Strip Between Exposed Mineral Soil and Normal
High-Water Mark
(feet along surface of ground)
| |
---|---|---|
0%
|
25
| |
10%
|
45
| |
20%
|
65
| |
30%
|
85
| |
40%
|
105
| |
50%
|
125
| |
60%
|
145
| |
70%
|
165
|
(4)
Harvesting activities within 250 feet of the shoreline shall not
create single openings greater than 7,500 square feet in the forest
canopy and shall remove not more than 40% of the volume of trees in
any ten-year period. For the purpose of these standards, "stand" means
a contiguous group of trees sufficiently uniform in species, arrangement
of age classes, and conditions to be identifiable as a homogeneous
and distinguishable unit.
Groundwater or springwater may be pumped, extracted and/or bulk stored for municipal and/or quasi-municipal purposes for distribution through a public water system or for municipal fire protection services, at locations where permitted under this chapter, subject to the approval of the Planning Board under Chapter 229, Site Plan Review, and the Board shall grant final approval if it finds that the proposal, with any reasonable conditions, will conform to the additional requirements of Subsection A below.
A.
Conditions of approval.
(1)
The quantity of water to be taken from groundwater sources will not
substantially lower the groundwater table to the detriment of public
and private wells on adjacent properties, cause saltwater intrusion,
cause undesirable changes in groundwater flow patterns, or cause unacceptable
ground subsidence, based on the conditions of a drought with a probability
of occurrence of once in 10 years.
(2)
The proposed facility will not cause water pollution or other diminution
of the quality of the aquifer from which the water is to be extracted.
(3)
Safe and healthful conditions will be maintained at all times within
and about the proposed use.
(4)
The proposed use will not cause sedimentation or erosion.
(5)
The proposed facility is not within the defined aquifer recharge
area of a public water supply, unless notice is given to the operator
thereof and the Board has considered any information supplied by the
operator and finds that no adverse affect on a public water supply
will result.
(6)
The operator shall make monthly operating records of the quantity
of water extracted, stored and removed from the site available to
the Town Council or its designee.
B.
The application together with site plan shall include the following
additional information:
(1)
Statement of the quantity of groundwater to be extracted, expressed
as the annual total, the maximum monthly rate by month, and the maximum
daily rate.
(2)
A letter from the Maine Department of Health and Human Services approving
the facility as proposed.
(4)
Applicants shall present a written report of a hydrogeologic investigation
conducted by a certified professional geologist or registered professional
engineer, except for springwater extraction facilities which meet
the following conditions: this spring enhancement will not increase
the combined springs' catchment capacity by removing more than four
cubic yards of earth and not increase this spring's depth by more
than four feet, where the discharge drain is no lower than the existing
springwater level, where gravity alone (without the aid of a siphon)
is used to withdraw the springwater to other facilities on site, and
where other improvements do not threaten groundwater levels. This
report shall include the following information:
(a)
A map of the aquifer tributary to the spring(s) or well(s) from
which water is to be extracted in sufficient detail to support a calculation
of sustained yield during a drought with a probability of one in 10
years, as well as an estimate of any potential interaction between
this aquifer and adjacent aquifers.
(b)
The results of the investigation shall establish the aquifer
characteristics, the rates of drawdown and rebound, the sustainable
yearly, monthly (by month), and daily extraction rates, and the cone
of depression which may develop about the proposed facility, and other
impacts on the water table in the tributary aquifer and such other
private or public wells within 1,000 feet of the proposed extraction
facilities shall be assessed.
C.
Nothing in this procedure and no decision by the Planning Board shall
be deemed to create groundwater rights other than those rights which
the applicant may have under Maine law.
No activity shall locate, store, discharge, or permit the discharge
of any treated, untreated, or inadequately treated liquid, gaseous,
or solid materials of such nature, quantity, obnoxiousness, toxicity,
or temperature that run off, seep, percolate, or wash into surface
water or groundwater so as to contaminate, pollute, or harm such waters
or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness,
or be harmful to human, animal, plant, or aquatic life.
Residential care facilities as defined herein shall be allowed
where permitted under this chapter, subject to the following conditions:
A.
Review procedures.
(1)
All residential care facilities shall be subject to approval by the Planning Board under Chapter 229, Site Plan Review. In addition, all residential care facilities, except for community living arrangements and for boarding care facilities with eight or fewer residents, must meet the submission requirements and review standards contained in Chapter 250, Subdivision of Land, under § 250-16 or § 250-17 and § 250-45 and Articles VII, VIII, IX, and X and Appendix D; provided, however, that such subdivision submissions and review standards may be waived by the Planning Board if otherwise addressed under Chapter 229, Site Plan Review. For the purposes of this chapter, the words "residential care facility" should be substituted for "subdivision" when referring to the provisions of Chapter 250, Subdivision of Land, listed above.
[Amended 9-10-2012; 3-11-2019]
B.
Density and living area. The minimum lot size of the zoning district in which the residential care facility is proposed shall apply to the facility as a whole and not to dwelling units, beds, or residents. The maximum size of a facility for a given site shall instead be limited by the requirements contained in Subsection C below and by applicable special exception, subdivision and/or site plan review standards. Residential care facilities shall in all events provide at least sufficient living area per resident to comply with applicable state licensing or certification requirements.
C.
Site and building requirements.
(1)
Minimum lot size. The minimum lot size shall be that required for
the zoning district in which the facility is proposed.
(2)
Site coverage. The facility, as measured by the area of the building
footprint of all structures, shall not cover more than 10% of any
site's gross acreage. This limitation on site coverage applies only
to structures and does not apply to drives, parking areas, walkways,
and gardens.
(3)
Open space. At least 50% of the gross site acreage shall be devoted
to vegetated open space. The open space may include lawn areas, forest
areas, areas with a vegetative cover, and gardens. Open space shall
not include areas covered by structures, parking areas, drives, walkways,
swimming pools, tennis courts, or similar improvements.
(4)
Setbacks.
(a)
The setbacks below shall apply to new structures upon which
construction commences after the effective date of this amendment,[1] additions thereto, additions to structures upon which
construction commenced prior to the effective date of this amendment,
parking areas, swimming pools, tennis courts and similar improvements.
Setback Schedule
| |||
---|---|---|---|
Total Square Footage of all Structures, Existing and Proposed
New Structures and any Additions, Added Together
| |||
Setback
|
Greater than 10,000
|
5,000 to 10,000
|
Less than 5,000
|
Front (feet)
|
100
|
75
|
Same as otherwise required under Article II of this chapter
|
Rear (feet)
|
75
|
75
| |
Each side (feet)
|
100
|
75
|
[1]
Editor's Note: This section was amended effective 9-14-1988,
8-26-1991 and 10-28-1996.
(b)
In cases involving expansions of or additions to existing structures
which result in an increase in the square footage of a residential
care facility sufficient to cause the facility as a whole to become
subject to an increased setback requirement pursuant to the foregoing
schedule, the existing structure, if in compliance with the applicable
setback requirement at the time of its construction, shall be deemed
to conform to the setback schedule. The addition or expansion shall
be subject to the increased setback requirement, except that the Planning
Board in a site plan review may grant approval to permit the setback
requirement applicable to the original structure to apply to the addition
on finding that compliance with the increased setback requirement
would cause undue hardship and that the proposed addition or expansion
will not result in any noise, glare, dust, fumes, stormwater runoff,
air or water pollution or similar condition having a detrimental effect
on adjoining properties. The Board may, as a condition of such approval,
require buffering or screening sufficient to protect the privacy of
residents of the facility and adjoining properties.
(5)
Height. The maximum building height shall not exceed that which is
permitted for residential construction in accordance with the provisions
of this chapter.
(6)
Parking. Off-street parking spaces shall be provided in the amount
of a minimum of one parking space for each residential unit, except
that for nursing homes one parking space for every four beds and for
hospitals one for every three beds shall be provided. In addition,
employee parking spaces that equal the highest number of employees
on duty during any one shift shall be provided.
E.
Occupancy guarantee and conversions. All residential care facilities
shall be licensed or certified by the State of Maine and shall be
restricted to occupancy by elderly, handicapped, or ill persons as
specified by the license or certification. The conversion of a residential
care facility to another use shall require site plan review and approval
in addition to any other applicable provisions of this chapter.
F.
Reserved units. A proposed residential care facility with 25 or more
dwelling units or independent rooms shall be required to reserve at
least 10% of its units for lower-income people. “Lower income”
is defined as the full range of incomes at or below 80% of the median
household income as determined by the Department of Economic and Community
Development. Any applicant seeking a variance from the requirement
of this subsection must, in addition to the other variance standards
under this chapter, demonstrate that the Town has achieved a level
of 10% or more of new residential development, including units in
residential care facilities, based on the most recent five-year historical
average of residential development in the Town, which meets the definition
of housing for lower-income persons as defined herein.
[Amended 9-28-2015]
A.
Purpose. The purpose of this section is to provide a uniform and
comprehensive set of performance standards and requirements to be
used by the Planning Board during the site plan review process when
it reviews an application for the placement and construction of wireless
telecommunications facilities. These standards and requirements are
intended to regulate the location and installation of such facilities
in order to:
(1)
Protect and promote public health, safety and welfare from potential
problems, examples of which are falling ice, telecommunications wave
interference and attractive nuisance of towers to children;
(2)
Protect and preserve the aesthetic quality of Cumberland as set forth
in the goals, policies and objectives of the adopted Comprehensive
Plan, examples of which are the protection of scenic vistas, rural
character and important historical areas, and the regulations of this
chapter, including but not limited to buffering requirements, by carefully
regulating siting and design of wireless telecommunications facilities;
(3)
Protect adjacent properties from potential damage from tower failure
and falling ice through careful siting regulations and engineering
requirements;
(4)
Facilitate and encourage the managed development of telecommunications
infrastructure while at the same time not unduly restricting the development
of needed telecommunications facilities, including important amateur
radio installations; and
(5)
Encourage co-location on existing and future wireless telecommunications
towers and maximize the use of existing and approved towers and other
existing structures, such as utility poles, water towers and buildings,
to accommodate new wireless telecommunications antennas in order to
reduce the number of new towers needed to serve the community's needs.
B.
Exemptions. The following uses are exempt from these regulations:
(1)
A ground-, building- or tower-mounted antenna operated by a federally
licensed amateur radio operator as part of the Amateur Radio Service
which is no higher than 35 feet in height and is not licensed or used
for any commercial purpose. The Code Enforcement Officer may permit
additional height up to a maximum of 75 feet only if:
(2)
Radio or television satellite dish antenna for the sole use of the
resident occupying a residential parcel on which the satellite dish
is located.
(3)
A single ground- or building-mounted receive-only radio or television
antenna, including any mast, for the sole use of the occupant of a
residential parcel on which the radio or television antenna is located,
with an antenna height not exceeding 35 feet.
(4)
A ground- or building-mounted citizens band radio or two-way FM antenna,
including any mast, if the height (post, and antenna and support structure
are not on the ground) does not exceed 35 feet.
(5)
A municipal, public safety or public works wireless telecommunications
facility up to a maximum height of 100 feet; the one-hundred-foot
height limitation shall not include the height of any building that
the telecommunications facility (TCF) may sit upon.
[Amended 9-10-2012]
C.
Submission requirement. In addition to all of the relevant site plan review submission requirements listed in Chapter 229, Site Plan Review, the following submissions shall be required unless waived by the Planning Board:
(1)
A report from a registered professional engineer in the State of
Maine that describes the tower, the technical reasons for the tower
design and the capacity of the tower, including the number(s), type(s),
and volume(s) of antenna(s) that it can accommodate and the basis
for the calculation of capacity.
(2)
Written approval by all applicable state and federal agencies, including
but not limited to the Federal Aviation Administration (FAA) and Federal
Communications Commission (FCC), including a description of any conditions
or criteria for the approval, or a statement from the agency that
no approval is required.
(3)
A letter of intent that commits the tower owner and his or her successors
in interest to:
(a)
Respond in a timely, comprehensive manner to a request for information
from a potential co-location applicant.
(b)
Negotiate in good faith for shared use by third parties that
have received an FCC license or permit.
(c)
Allow shared use if an applicant agrees in writing to pay reasonable
charges.
(4)
Proof of financial capacity to build, maintain, and remove the proposed
tower.
(5)
An inventory of all of the provider's existing and approved towers,
antennas or sites within the Town of Cumberland and locations in surrounding
communities where wireless telecommunications are proposed to be utilized
in conjunction with the facility proposed in the application.
(6)
Photos showing site vegetation, existing and adjacent structures,
views of and from the proposed site, topography, and land uses on
the proposed parcel and on abutting properties.
(7)
Landscaping plan reflecting location of proposed screening and fencing,
planting areas, proposed plantings, existing plant materials to be
retained and trees or shrubs to be removed.
(8)
Elevation drawings, cross-sectional area or silhouette of the facility,
drawn to scale, and showing all measurements, both linear and volumetric,
showing front, sides and rear of the proposed facility, including
all fencing, supporting system for transmission cables running between
the tower and accessory structures, control panels, antennas, and
existing structures and trees. The submission shall reference any
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(9)
Detail of the tower base or method of attachment to a structure.
If the facility will be attached to an existing building or structure,
provide measurements and elevations of the structure.
(10)
A visual analysis, which may include photo montage, field mock-up,
or other techniques, which identifies the potential visual impacts,
at design capacity, of the proposed facility. Consideration shall
be given to views from public areas as well as from private residences
and from archaeological and historic resources, including but not
limited to the National Register of Historic Places or those that
are eligible for such listing. The analysis of the impact on historical
and archaeological resources shall meet the requirements of the Maine
State Historic Preservation Officer in his/her review capacity for
the FCC. The overall analysis shall assess the cumulative impacts
of the proposed facility and other existing and foreseeable communication
facilities in the area and shall identify and include all feasible
mitigation measures consistent with the technological requirements
of the proposed communication service.
(11)
Identify any other telecommunications facilities existing or
proposed on the site.
(12)
Details of all accessory structures, including buildings, parking
areas, utilities, gates, access roads, etc.
(13)
Structural requirements.
(a)
Telecommunications towers shall be designed and installed in
accordance with the most current standards of the Electronic Industries
Association (EIA) Structural Standards for Steel Antenna Towers and
Antenna Supporting Structures.
(b)
The applicant's engineer shall provide documentation showing
that the proposed transmission tower meets or exceeds the most current
standards of the American National Standards Institute ANSI/EIA/TIA-222
for Cumberland County relative to wind and one-half-inch ice loads
when the tower is fully loaded with antennas, transmitters, and other
equipment as described in the submitted plan.
(c)
For towers or antennas placed on buildings or alternative tower
structures (ATS), the applicant shall also provide written certification
that the building or ATS itself is structurally capable of safely
supporting the tower or antennas and their accompanying equipment.
D.
Space and bulk standards.
(1)
Tower height. Towers shall not exceed a height of 100 feet, except
that where evidence of acceptable design and co-location is provided,
the Planning Board may approve an additional 25 feet of tower height
per each additional wireless communication service co-locator, not
to exceed the following maximum tower heights:
(2)
Antennas.
(a)
Height. Installing antennas on alternative tower structures
is permitted, provided that the resulting alternative tower structure
height does not exceed the following maximum heights:
[1]
Rural Residential Districts 1 and 2 (RR1 and RR2), Low-Density
Residential District (LDR), Medium-Density Residential District (MDR),
Island Residential District (IR), Industrial District (I), Office
Commercial District (OC), and Rural Industrial District (RI): 150
feet.
(b)
Mounting and dimensions. The mass and dimensions of antennas
on a tower or alternative tower structure shall be governed by the
following criteria:
[1]
Whip antennas shall not exceed 20 feet in length for an individual
antenna and shall be limited to two per mount, with no more than three
mounts at a given level.
[2]
Microwave dish antennas. The aggregate diameters of microwave
dish antennas mounted within a twenty-foot vertical section of a tower
may not exceed 24 inches, with no single dish being more than eight
inches in diameter and five feet in depth, unless otherwise required
per the path reliability and/or tower structural studies.
[3]
Panel antennas. The horizontal center line of all panel antennas
of a single carrier must be aligned in the same horizontal plane,
with each antenna not to exceed eight feet in length or two feet in
width.
(3)
Lot area. A new wireless telecommunications tower shall not be constructed
on a lot that does not conform to the minimum lot area required in
the zoning district even if such lot is a lawful nonconforming lot
of record.
(4)
Setbacks.
(a)
All wireless communications towers shall be set back from any
lot lines a distance equal to at least 125% of the tower height.
(b)
Equipment facilities shall meet the required district setbacks.
(c)
If more than one tower is proposed on a single lot or parcel,
they shall be clustered as closely together as technically possible.
(d)
Notwithstanding the height and setback limitations within a
zoning district, in order to accommodate the co-location of an additional
antenna, a tower existing as of December 13, 1999, may be modified
or rebuilt to a taller height, not to exceed a total maximum of 30
feet more than the tower's height as of December 13, 1999, but only
if that additional height will not require any lighting or obstruction
painting. The additional tower height shall not require increased
lot setbacks.
(e)
There shall be setback requirements for antennas mounted on
alternative tower structures. The standard district setbacks shall
continue to apply for alternative tower structures and equipment facilities,
where applicable.
E.
Co-location requirements.
(1)
On existing towers.
(a)
Applicants for site plan review for a new wireless communication
tower must send written notice by pre-paid first-class United States
mail to all other such tower and alternative tower structure owners
and licensed wireless communication providers in the Town utilizing
existing towers and alternative tower structures and to owners of
such towers and alternative structures within a one-mile search radius
of the proposed tower, stating their needs and/or co-location capabilities.
Evidence that this notice requirement has been fulfilled shall be
submitted to the Planning Board and shall include a name and address
list, copy of the notice which was sent, and a statement, under oath,
that the notices were sent as required. An application for a new tower
must include evidence that existing or previously approved towers
and alternative tower structures within the Town and search area cannot
accommodate the communications equipment (antennas, cables, etc.)
planned for the proposed tower. Such evidence shall be documentation
from a qualified and licensed professional engineer that:
[1]
Planned necessary equipment would exceed the structural capacity
of existing and approved towers and alternative tower structures,
considering the existing and planned use of those towers and alternative
tower structures, and the existing and approved towers cannot be reinforced
to accommodate planned or equivalent equipment at a reasonable cost;
[2]
Planned equipment will cause electromagnetic frequency interference
with other existing or planned equipment for that tower or alternative
tower structure, and the interference cannot be prevented at a reasonable
cost;
[3]
Existing or approved towers and alternative tower structures
do not have space on which planned equipment can be placed so it can
function effectively and at least in parity with other similar equipment
placed or approved; or
[4]
Other documented reasons that make it technically or financially
unfeasible to place the equipment planned by the applicant on existing
and approved towers and alternative tower structures.
(b)
Shared use shall be conditioned on the applicant's agreement
to pay a reasonable fee and costs of adapting existing facilities
to the proposed use.
(c)
Once the Planning Board has determined that telecommunications
equipment proposed by the applicant cannot be accommodated on an existing
or approved tower or alternative tower structure, each tower or alternative
tower structure so determined is presumed unable to accommodate similar
equipment that may be proposed in the future unless the Board determines,
after additional information is provided, that new technology or other
considerations enable the existing or approved tower or alternative
tower structure to accommodate the equipment.
(d)
The Planning Department will maintain a list of existing and
approved towers and alternative tower structures, including the name
and address of owner(s), within the Town of Cumberland.
(2)
Construction of new towers.
(a)
A proposal to construct a new co-located communication tower taller than the maximum height permitted for a single wireless communication service must include evidence that the tower can structurally support a minimum of three antenna arrays for each anticipated co-locating entity. (See Subsection D on tower height.)
(b)
Prior to the issuance of any building permits for a co-located
tower in excess of the height of a single user tower, the applicant
will submit to the Code Enforcement Officer executed agreements documenting
commitments to co-locate from the number of co-locators approved by
the Planning Board.
F.
Interest of telecommunications entity. A proposal to construct or
modify a wireless communication tower must include evidence of a commitment
from a duly licensed entity to utilize the tower to provide wireless
communication services. All wireless communication entities which
are contracted to locate on the tower must join as applicants.
G.
Design standards.
(1)
Wireless communication facilities.
(a)
Except where dictated by federal or state requirements, the
Planning Board may require that a proposed tower be camouflaged or
designed to blend with its surroundings. This may include, but not
be limited to, having a galvanized finish and being painted "flat"
blue gray or in a skytone above the top of surrounding trees and earthtone
below treetop level.
(b)
Equipment facilities shall be adjacent to the tower base unless
an alternate location will be less visually obtrusive or topographic
considerations require an alternative location.
(c)
Equipment facilities shall be no taller than one story in height
and shall be treated to look like a building or facility typically
found in the area.
(d)
No obstruction painting or any lighting shall be permitted on
any towers, except where dictated by federal or state requirements.
If lighting is required, the Planning Board may review the available
lighting alternatives and approve the design that would cause the
least disturbance to the surrounding properties and views.
(e)
Manually operated or motion-detecting security lighting is permitted.
(f)
The Planning Board may require special design of the facilities
where findings of particular sensitivity are made (e.g., proximity
to historic or aesthetically significant structures, views and/or
community features).
(g)
Sufficient anti-climbing measures and other security measures
preventing access to the site shall be incorporated into the facility
as needed to reduce the potential for trespass and injury.
(2)
Antenna arrays. Antenna arrays located on an existing structure or
alternative tower structure shall be placed in such a manner so as
to not be visible from a ground-level view adjacent to the structure.
If, however, circumstances do not permit such placement, the antenna
array shall be placed and colored to blend into the architectural
detail and coloring of the host structure.
H.
Location.
(1)
Wireless telecommunications facilities shall not be sited in areas
of high visibility unless the Planning Board finds that no other location
is technically feasible. For purposes of this section, "high visibility"
shall mean areas with no visual clutter such as trees and buildings.
If the facility is to be sited above the ridgeline it must be designed
to minimize its profile by blending with the surrounding existing
natural and man-made environment.
(2)
No facility shall be located so as to create a significant threat
to the health or survival of rare, threatened, or endangered plant
or animal species.
I.
Additional standards and criteria.
(1)
Mitigation measures have been utilized to screen antennas and towers
from view from public rights-of-way or scenic vistas, either via landscaping,
fencing or other architectural screening.
(2)
Creative design measures have been employed to camouflage facilities
by integrating them with existing buildings and among other uses.
(3)
Other technically feasible sites have been investigated and, if available,
the proposed facility has been relocated in order to minimize the
effect of the location on visually sensitive areas such as residential
communities, historical areas and open space areas.
J.
Waiver provision. The Planning Board, in its sole discretion, may modify or waive any of the submission requirements, application procedures, or standards of Subsection C when it determines that, because of the type or size of the project or circumstances of the site, such requirements would not be applicable or would be unnecessary to determine compliance with the approval standards. The Planning Board must additionally determine that such modification or waiver would not adversely affect properties in the vicinity or the general safety and welfare of the Town. The burden of proof regarding any such modification or waiver rests solely with the applicant and must be shown to be consistent with federal and state law. Notwithstanding the authority of the Planning Board to grant a waiver, in no instance may the height of a new tower exceed 250 feet or may the height of an alternative tower structure be increased to more than 250 feet.
K.
Amendments. Any change to existing, previously approved and proposed towers requires site plan approval as noted in Chapter 229, Site Plan Review. Changes include, but are not limited to, modifications to approved height and to approved attachments such as antennas and dishes as well as requests for additional attachments.[2]
L.
Removal of abandoned wireless communication facility.
(1)
The owner of a telecommunications facility (TCF) shall notify the
Town Planner of the date of cessation of use of the facility or any
component(s) thereof within one month from the date of such cessation.
If the owner fails to give the notice required by this subsection,
the Code Enforcement Officer shall make a determination of such date,
which determination shall be conclusive.
(2)
Any TCF or component thereof that is not operated for a continuous
period of 12 months shall be considered abandoned. The owner of abandoned
TCF or component thereof shall remove it within 90 days of receipt
of notice from the Code Enforcement Officer of determination of abandonment.
All aboveground structures, equipment, foundations, guy anchors, utilities
and access roads or driveways specifically constructed to service
the telecommunications facility shall be removed and the land returned
to a condition as near to the original preconstruction condition as
possible.
[Amended 9-10-2012]
(3)
At the time of approval, the applicant for a new tower shall post
a performance guarantee in the form of a continuous corporate surety
bond, an irrevocable letter of credit, or an escrow account in favor
of the Town equal to 125% of the estimated demolition and removal
cost of the tower and associated facilities if abandoned at any time
by the applicant. Such performance guarantee shall be satisfactory
to the Town Manager as to the issuer, form, sufficiency, surety, and
manner of execution. All performance guarantees shall be on a continuous
basis, with any provision for cancellation to include that a minimum
thirty-day notice of cancellation or nonrenewal be sent by certified
mail to the Town of Cumberland.
(4)
If there are two or more users of a single tower or TCF, then this
provision shall not apply until all users cease using the tower or
TCF.
(5)
If all antennas above a manufactured connection on a tower are removed,
the resulting unused portions of the tower shall subsequently be removed
within six months.
(6)
The replacement of all or portions of a TCF previously removed requires
a new site plan approval.
M.
Inspections.
(1)
Inspection of towers by a registered professional engineer in the
State of Maine shall be performed to ensure structural integrity;
such inspections shall be performed as follows:
(a)
Monopole towers: at least once every seven years following completion
of construction. The inspection shall take place between the sixth
and seventh year of the repeat sequence.
(b)
Self-supporting towers: at least once every five years following
completion of construction. The inspection shall take place between
the fourth and fifth year of the repeat sequence.
(c)
Guyed towers: at least once every three years following completion
of construction. The inspection shall take place between the second
and third year of the repeat sequence.
(2)
The inspection report shall be submitted to the Town Engineer within
30 days of its receipt by the tower owner. Based upon the results
of the inspection, the CEO, upon recommendation by the Town Engineer,
may require repair or demolition of the tower.
(3)
The cost of such inspections, reports, repairs or demolition required
under this section shall be borne entirely by the tower owner. Required
repairs shall be completed within 90 days or less as required by the
CEO and agreement by the Town Engineer for safety reasons.
(4)
Failure to provide required inspection reports in the required time
schedule shall be deemed prima facie evidence of abandonment.