Cumberland City Zoning Code
ARTICLE 5
Dimensional Regulations
§ 5-1 General.
[Ord. No. 08-31, 10-7-2009]
Dimensional regulations to be applied to development within each zoning district are contained in the following tables. Lot area and other dimensional requirements are a function of the availability of water facilities and public sewer. Front yards may also vary according to the prevalent development patterns in those areas of Town which are considered to be principally built (see § 5-4).
§ 5-2 Agricultural and residential zones.
[Ord. No. 08-31, 10-7-2009]
(a)
Dimensional regulations for areas without water facilities or public sewers.1
A-1 | A-2 | R-1 | ||
|---|---|---|---|---|
Minimum lot area (square feet) | 217,800 | 80,000 | 80,000 | |
Minimum lot area per dwelling unit (square feet) | 217,800 | 80,000 | 80,000 | |
Minimum lot width (feet) | 250 | 180 | 180 | |
Minimum frontage (feet) | 250 | 180 | 180 | |
Minimum front yard2 (feet) | 100 | 75 | 50 | |
Minimum side yard (feet) | 60 | 20 | 20 | |
Minimum rear yard (feet) | 80 | 30 | 30 | |
Maximum lot coverage | 5% | 15% | 20% | |
Maximum height (feet) | 35 | 35 | 35 |
NOTES: | ||
|---|---|---|
1 | This table does not apply to the R-2 and R-3 Zones. | |
2 | For areas that are principally built, a reduction in the minimum front yard is allowed under the provisions of § 5-4. | |
(b)
Dimensional regulations for areas with water facilities or public sewers but not both.
A-1 | A-2 | R-1 | R-2 | R-3 | ||
|---|---|---|---|---|---|---|
Minimum lot area (square feet) | 217,800 | 80,000 | 40,000 | 30,000 | 30,000 | |
Minimum lot area per dwelling unit (square feet) | 217,800 | 80,000 | 40,000 | 30,000 plus 10,000 for 2nd unit | 30,000 plus 10,000 for each additional unit | |
Minimum lot width (feet) | 250 | 180 | 100 | 90 | 90 | |
Minimum frontage (feet) | 250 | 180 | 100 | 90 | 90 | |
Minimum front yard1 (feet) | 100 | 75 | 25 | 25 | 25 | |
Minimum side yard (feet) | 60 | 20 | 10 | 10 | 10 | |
Minimum rear yard (feet) | 80 | 30 | 25 | 15 | 15 | |
Maximum lot coverage | 5% | 15% | 20% | 20% | 20% | |
Maximum height (feet) | 35 | 35 | 35 | 35 | 35 |
NOTES: | ||
|---|---|---|
1 | For areas that are principally built, a reduction in the minimum front yard is allowed under the provisions of § 5-4. | |
(c)
Dimensional regulations for areas with both water facilities and public sewers.
A-1 | A-2 | R-1 | R-2 | R-3 | ||
|---|---|---|---|---|---|---|
Minimum lot area (square feet) | 217,800 | 80,000 | 25,000 | 10,000 | 10,000 | |
Minimum lot area per dwelling unit (square feet) | 217,800 | 80,000 | 25,000 | 10,000 plus 5,000 for 2nd unit | 10,000 plus 5,000 for each additional unit | |
Minimum lot width (feet) | 250 | 180 | 100 | 40 | 40 | |
Minimum frontage (feet) | 250 | 180 | 100 | 40 | 40 | |
Minimum front yard1 (feet) | 100 | 75 | 20 | 10 | 10 | |
Minimum side yard (feet) | 60 | 20 | 10 | 10 | 10 | |
Minimum rear yard (feet) | 80 | 30 | 25 | 15 | 15 | |
Maximum lot coverage | 5% | 15% | 20% | 40% | 40% | |
Maximum height (feet) | 35 | 35 | 35 | 35 | 35 |
NOTES: | ||
|---|---|---|
1 | For areas that are principally built, a reduction in the minimum front yard is allowed under the provisions of § 5-4. | |
§ 5-3 Commercial and industrial zones.
[Ord. No. 08-31, 10-7-2009]
(a)
Dimensional regulations for areas without water facilities or public sewers.
C-1 | C-2 | I-1 | I-2 | ||
|---|---|---|---|---|---|
Minimum lot area (square feet) | 80,0001 | 80,000 | 80,000 | 80,000 | |
Minimum lot width (feet) | 100 | 100 | 100 | 100 | |
Minimum frontage (feet) | 100 | 100 | 100 | 100 | |
Minimum front yard2 (feet) | 40 | 40 | 40 | 40 | |
Minimum side yard (feet) | 20 | 20 | 20 | 20 | |
Minimum rear yard (feet) | 20 | 20 | 20 | 20 | |
Maximum lot coverage | 40% | 40% | 40% | 60% | |
Maximum height (feet) | 45 | 45 | 75 | 75 |
NOTES: | ||
|---|---|---|
1 | The applicable residential density for mixed-use residential development shall be one unit per 10,000 square feet of land suitable for development | |
2 | For areas that are principally built, a reduction in the minimum front yard is allowed under the provisions of § 5-4. | |
(b)
Dimensional regulations for areas with water facilities or public sewers but not both.
C-1 | C-2 | I-1 | I-2 | ||
|---|---|---|---|---|---|
Minimum lot area (square feet) | 40,0001 | 40,000 | 40,000 | 40,000 | |
Minimum lot width (feet) | 50 | 50 | 50 | 50 | |
Minimum frontage (feet) | 50 | 50 | 50 | 50 | |
Minimum front yard2 (feet) | 20 | 20 | 20 | 20 | |
Minimum side yard (feet) | 10 | 10 | 10 | 10 | |
Minimum rear yard (feet) | 10 | 10 | 10 | 10 | |
Maximum lot coverage | 40% | 40% | 40% | 60% | |
Maximum height (feet) | 45 | 45 | 75 | 75 |
NOTES: | ||
|---|---|---|
1 | The applicable residential density for mixed-use residential development shall be one unit per 5,000 square feet for land serviced by public sewers and 1 unit per every 7,000 square feet of land suitable for development for land not serviced by public sewers. | |
2 | For areas that are principally built, a reduction in the minimum front yard is allowed under the provisions of § 5-4. | |
(c)
Dimensional regulations for areas with both water facilities and public sewers.
C-1 | C-2 | I-1 | I-2 | ||
|---|---|---|---|---|---|
Minimum lot area (square feet) | 5,0001 | 5,000 | 5,000 | 5,000 | |
Minimum lot width (feet) | 25 | 25 | 25 | 25 | |
Minimum frontage (feet) | 25 | 25 | 25 | 25 | |
Minimum front yard2 (feet) | 15 | 10 | 10 | 10 | |
Minimum side yard (feet) | 10 | 10 | 10 | 10 | |
Minimum rear yard (feet) | 10 | 10 | 10 | 10 | |
Maximum lot coverage | 40% | 50% | 80% | 80% | |
Maximum height (feet) | 45 | 45 | 75 | 75 |
NOTES: | ||
|---|---|---|
1 | The applicable residential density for mixed-use residential development shall be one unit per 5,000 square feet of land area. | |
2 | For areas that are principally built, a reduction in the minimum front yard is allowed under the provisions of § 5-4. | |
§ 5-4 Minimum front yard reductions.
[Ord. No. 08-31, 10-7-2009]
(a)
Where new development is occurring in an area which is principally built, a reduction in the minimum required front yards is allowed under the provisions of this section. A principally built area is defined as having principal buildings on 2/3 or more of all lots within 500 feet in A zones, and 300 feet in R, C and I zones, as measured along the street line, in both directions from the center of the lot in question. The Building Official shall undertake the necessary calculation to determine whether an area is principally built.
(b)
In any zoning district, regardless of the availability of water or sewer, the minimum required front yard shall be reduced to that equal to the average distance from the principal buildings to the front lot lines of all those developed lots within the defined built area. If the resulting average distance exceeds the minimum front yard as contained in the applicable section of the dimensional tables, the front yard requirement in the table shall apply.
§ 5-5 Dimensional requirements for multiple residential structures.
[Ord. No. 08-31, 10-7-2009]
In cases where more than one residential structure is constructed on a lot or lots under common ownership, such as single-family attached units (townhouses) within a mixed-use special district (see Article 9) or a conservation development (see Article 11), or multifamily dwellings as permitted in the R-3 zone, the following internal dimensional regulations shall apply:
(a)
For structures containing two dwelling units (townhouse or duplex), the minimum distance between two principal buildings shall be 30 feet, except where buildings are separated by opposing walls without windows or attached garage walls, in which case the minimum separation may be 20 feet.
(b)
For structures containing more than two dwelling units (townhouse units or an apartment building), the minimum distance between two principal buildings shall be 45 feet, except where buildings are separated by opposing walls without windows or attached garage walls, in which case the minimum separation may be 35 feet.
(c)
The minimum distance between accessory structures and any other accessory or principal structure shall be 12 feet.
§ 5-6 Dimensional requirements for conservation developments.
§ 5-7 Height modifications.
[Ord. No. 08-31, 10-7-2009]
(a)
Roof structures permitted above maximum height.
(1)
The following ornamental accessory roof structures are permitted above the maximum height as specified in this appendix, provided that the total area of all such appurtenances is not more than 1/3 of the total roof area of the building:
(2)
The following roof structures are permitted above the maximum height as specified in this appendix, provided that the total area of all such appurtenances is not more than 1/3 of the total roof area of the building, and provided that such features shall be set back from the edge of the roof a minimum distance of one foot for every two feet by which they extend above the roof:
a.
Structures for the housing of elevators and elevator shafts;
b.
Stairways;
c.
Heating and air conditioning equipment;
d.
Ventilating fans;
e.
Solar collectors;
f.
Storage tanks for water;
g.
Television, radio or satellite dish antennae or masts;
h.
Chimneys or roof-mounted smokestacks; and
i.
Similar equipment required to operate and maintain a building.
(3)
No such roof structure as set forth in this subsection shall exceed the maximum height for the zone in which it is located, except by the amounts allowed herein:
(b)
Height restrictions for freestanding structures.
(2)
Freestanding smokestacks shall not exceed the following:
a.
Vacant lots — Freestanding smokestacks shall not be permitted.
b.
A and R zones — Freestanding smokestacks shall not be permitted.
c.
C zones — Freestanding smokestacks shall not exceed a height of 40 feet over any permitted principal building on the lot.
d.
I zones — Freestanding smokestacks shall not exceed a height of 100 feet over any permitted principal building on the lot.
(c)
Height restrictions for silos. Silos used for agricultural purposes, whether attached or freestanding, shall not exceed 75 feet in height.
(d)
Communication towers exempt. Communication towers are exempt from the height restrictions of this article, but shall be subject to the provisions of § 6-13.
§ 5-8 Land unsuitable for development.
[Ord. No. 08-31, 10-7-2009]
When determining lot coverage, or when calculating the number of residential building lots or dwelling units permitted on any parcel, or the allowable maximum number of dwelling units for a conservation development (see Article 11), land unsuitable for development shall not be included in the total parcel area from which the calculations are based.
Land unsuitable for development is land which has severe or very severe limitations for development. The following regulations shall apply:
(a)
Developments serviced by sewers. In areas serviced by sewers, land included in all of the following categories shall be considered unsuitable for development:
(1)
Fresh water wetlands, exclusive of areas of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp, or pond, or any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by G.L. § 2-1-20, as amended;
(2)
Areas within a one-hundred-year flood zone, as defined by the Federal Emergency Management Agency (FEMA);
(3)
Land within the right-of-way of any existing or proposed public or private street;
(4)
Land within any publicly or privately held easement on which aboveground utilities, including, but not limited to, electrical transmission lines, are constructed;
(5)
Areas with slopes in excess of 15% that are within the limit of disturbance of the development; and
(6)
Cemeteries.
(b)
Developments not serviced by sewers. In areas not serviced by public sewers, land included in all of the following categories shall be considered unsuitable for development:
(1)
Fresh water wetlands, including areas of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp, or pond, and any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by G.L. § 2-1-20, as amended;
(2)
Areas within a one-hundred-year flood zone, as defined by the Federal Emergency Management Agency (FEMA);
(3)
Land within the right-of-way of any existing or proposed public or private street;
(4)
Land within any publicly or privately held easement on which aboveground utilities, including, but not limited to, electrical transmission lines, are constructed;
(5)
Areas with slopes in excess of 15% that are within the limit of disturbance of the development; and
(6)
Cemeteries.
(c)
Substandard lots of record exempt. Lots of record which are substandard by area, are exempt from the provisions of this section when calculating allowable maximum lot coverage.