Cumberland City Zoning Code
ARTICLE 9
Special Districts
§ 9-1 Overlay zoning districts.
[Ord. No. 08-31, 10-7-2009]
Overlay zoning districts are hereby established to regulate areas and structures of historical significance, provide for development review, agricultural/residential clusters, and village overlay districts. These regulations are necessary to meet the purposes set forth in § 1-1 of this appendix. The boundaries of the overlay zoning districts are as shown on the overlay zoning district map of the Cumberland Plats, the official zoning map of the Town. These boundaries may be amended in accordance with Article 9 of this appendix.
§ 9-2 Special districts.
[Ord. No. 08-31, 10-7-2009]
Special districts, as allowed in this article, are intended to allow developments which would otherwise not be permitted, in order to further the purposes of this appendix and the goals and policies of the Cumberland Comprehensive Plan. All special districts shall require an amendment to the official zoning map of the Town of Cumberland, and may require an amendment to the comprehensive plan.
§ 9-3 Mixed-use special district.
[Ord. No. 08-31, 10-7-2009]
A mixed-use special district (MUSD) is a district which consists of a parcel or parcels of land developed according to a plan, and in accordance with the provisions of this section.
(a)
Purposes. The establishment of a mixed-use special district may be allowed by the Town in order to achieve the following purposes:
(1)
Allow a mixture of uses on a single parcel of land which are coordinated harmoniously and share services and facilities;
(2)
Promote attractive, efficient development through careful site planning which protects and enhances special features and requires a minimum amount of open space;
(3)
Provide opportunities for economic development that are compatible in scale and character with the historic development pattern of the Town; and
(4)
Provide opportunities for affordable housing.
(b)
Applicability. A mixed-use special district may be established within any zoning district by action of the Town Council under the procedures set forth in Article 17 for amendment of this appendix and the zoning map. Prior to the submission of an application to the Town Council to amend the zoning map, the applicant shall provide evidence that the proposed parcel to be rezoned to a mixed-use special district has:
(c)
Review by Planning Board. The Planning Board shall review an application for MUSD.
(d)
Mix and design of land uses. The following standards for uses and density shall govern development within a mixed-use special district:
(1)
At least 50% of the land area, exclusive of land unsuitable for development (see § 5-8), shall be utilized for general service uses and/or retail and restaurant uses. Any given use within these categories may be allowed by right or by special use permit as determined by the Town Council.
(2)
Single or multiple household residential buildings are allowed by right provided there is at least 7,500 square feet of land suitable for development for each single-family detached dwelling unit, and at least 6,500 square feet of land suitable for development for each attached or multifamily dwelling unit.
At least 20% of the housing units are to be set aside as low and moderate income units as defined in Article 15.
(3)
A minimum of 20% of the land area, exclusive of land unsuitable for development, shall be set aside as protected open space. The open space may be in one or more parcels and may include outdoor recreational uses as appropriate for the intended occupancy, or public open space such as a community green or common.
(4)
Cultural, entertainment and active recreational uses may be allowed as determined appropriate by the Town Council for any given MUSD development. Such uses shall not substitute for the required open space unless expressly allowed by the Town Council.
(5)
Other uses may be allowed as determined appropriate by the Town Council for any given MUSD development.
(e)
Dimensional requirements. Dimensional requirements, such as setbacks, distance between buildings, and height shall be determined by the Town Council with recommendation from the Planning Board.
(f)
Parking requirements. Parking requirements shall be determined by the Town Council with guidance from the parking requirements contained in this appendix and with recommendation from the Planning Board.
§ 9-3.1 Berkeley Mill Mixed-Use Special Overlay District.
[Added 5-16-2018 by Ord. No. 18-07A]
(a)
Applicability. The Berkeley Mill Mixed-Use Special Overlay District will encompass the property improved with the Berkeley Mill and all improvements otherwise addressed 30 Martin Street and more specifically designated Assessor's Plat 34, Lot 188. The Zoning Map shall be changed to reflect this overlay district designation.
(b)
Permitted and Prohibited Land Uses. Uses shall be permitted, prohibited and permitted by special use permit in the underlying Industrial-I (I-1) zoning district, as identified in Table 1, entitled "Use Table."
(1)
However, notwithstanding the Use Table requirements, the following uses listed in Table 1 are also permitted as a matter of right in the Mixed-Use Special Overlay District:
a.
Residential.
1.
Number 12. Mixed-use residential, as defined in Appendix A, entitled "Use Regulations Definitions," except limiting the number of dwelling units to 75 and each dwelling unit not to exceed one bedroom.
2.
Number 17. Hotel, bed-and-breakfast: 10 rooms or less.
3.
Number 18. Hotel: 11 to 29 rooms.
4.
Number 19. Hotel: 30 rooms or more.
f.
The following additional use(s) are permitted as a matter of right in the Mixed-Use Special Overlay District:
1.
Microbrewery, which is defined as an establishment where beer, ale, etc., are brewed, typically in conjunction with a bar, tavern or restaurant use. The maximum brewing capacity shall not exceed 20,000 barrels per year.
(2)
Prohibited uses. Notwithstanding the Use Table requirements, the following uses are prohibited in the Mixed-Use Special Overlay District:
a.
(1) Dairy farm;
b.
(2) Fruit orchard;
c.
(3) General crops;
d.
(4) Animal husbandry;
e.
(14) Nursing home;
f.
(16) Community residence;
g.
(55) Funeral home;
h.
(58) Car wash;
i.
(59) Repair service, automotive;
j.
(65) Warehousing and storage, including open lot storage;
k.
(68) Auto body repair;
l.
(77) Retail trade: automotive, marine graft, aircraft and accessories;
m.
(79) Fast-food restaurant;
n.
(87) Automobile parking (principal use);
o.
91(A) Ground-mounted medium-scale solar energy system (principal use);
p.
91(B) Ground-mounted major-scale solar energy system (principal use);
q.
92(B) Ground-mounted minor-scale solar energy system (accessory use), minimum lot size of 30,000 square feet;
r.
92(C) Ground-mounted medium-scale solar energy system (accessory use);
s.
(97) Lumber and wood products;
t.
(101) Pharmaceuticals;
u.
(102) Rubber and miscellaneous plastic products;
v.
(103) Stone, clay and glass products;
w.
(104) Cement, lime, gypsum or plaster of paris manufacture;
x.
(105) Primary metal industries;
y.
(106) Fabricated metal products;
z.
(107) Drop forge industries;
aa.
(108) Machinery and machine parts;
bb.
(110) Ship and board building and repair;
cc.
(112) Jewelry and silverware;
dd.
(114) Plating of jewelry and metal parts.
(c)
Dimensional requirements. The applicable I-1 District dimensional criteria, pursuant to Section 5-3: "Commercial and Industrial Zones," shall be required, except maximum lot coverage, which shall be 100%.
(d)
Parking and loading requirements. Parking and loading requirements, provided Article 14 shall be reduced by 50% in the Mixed-Use Special Overlay District.
(e)
Standard of review. The Planning Board shall review and forward an advisory recommendation to the Town Council on consistency with the Comprehensive Plan as well as land use and off-street parking/loading flexibility appropriateness. The initial adoption of the Berkeley Mill Mixed-Use Special District and the proposed physical expansion of approximately 2,500 square feet to accommodate the microbrewery as contemplated herein shall not incur any additional review or approval procedures, neither development plan review nor land development project review. Said proposed physical expansion shall also be permitted to extend into the required setbacks in the I-1 zone.
(f)
Residential use covenant required. In the event the applicant seeks a residential use in the Mixed-Use Special Overlay District, the applicant must sign and record a covenant that acknowledges that the owner(s) of the building(s) or any residential units accept the industrial character of the neighborhood and agree that the existing or permitted industrial uses do not constitute a nuisance or other inappropriate or unlawful use of land. Such covenant shall state that it is binding on the owner(s)' successors and assigns, including any lessees of the residential use.
§ 9-3.2 Ann and Hope Mixed-Use District.
[Added 9-7-2022 by Ord. No. 22-12B]
(a)
Applicability. The Ann and Hope Mixed-Use District will encompass the property improved and all improvements otherwise thereon at 100 Ann and Hope Way and more specifically designated Assessor's Plat 11, Lot 159.
(b)
Permitted and prohibited land uses.
(1)
Permitted uses.
a.
Uses identified in Table 1, Use Table.[1] The following uses shall be permitted as a matter of right (Y) in the Ann and Hope Mixed-Use Special Overlay District:
Principal Uses | Ann and Hope Mixed-Use Special Overlay District |
|---|---|
RESIDENTIAL | |
12. Mixed-use residential* | Y |
INSTITUTIONAL AND GOVERNMENTAL | |
30. Medical or dental office | Y |
34. Day care center | Y |
35. Pre-schools | Y |
CULTURAL, ENTERTAINMENT AND RECREATIONAL | |
41. Nonprofit library, museum or art gallery | Y |
44. Indoor sports facility | Y |
45. Nonprofit community park and playground | Y |
48. Passive recreation | Y |
49. Open space | Y |
GENERAL SERVICES | |
53. Finance, insurance and real estate service | Y |
54. Personal service | Y |
56. Limited business service | Y |
60. Professional service | Y |
66. Self storage facility** | Y |
TRADE | |
74. Retail trade, 15,000 square feet total GFA or less | Y |
78. Restaurant | Y |
TRANSPORTATION, COMMUNICATION AND UTILITIES | |
88. Communication and utilities | Y |
89. Wireless antenna/satellite dish | Y |
92(A). Roof-mounted major-scale solar energy system (accessory use) | Y |
92(D). Roof-mounted medium-scale solar energy system | Y |
92(E). Roof-mounted minor-scale solar energy system (accessory use) | Y |
NOTES: | |
* | Mixed-use residential, as defined in Appendix A, entitled "Land Development and Subdivision Regulations," except limiting the number of dwelling units in the Ann and Hope Mixed-Use Special Overlay District to 241 multifamily residential units. |
** | Self storage facility, as defined in Appendix A, entitled "Land Development and Subdivision Regulations," except not limited to location in a one-story building in the Ann and Hope Mixed-Use Special Overlay District. |
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Prohibited uses. Any use not listed above shall be deemed prohibited.
(c)
Mix and design of land uses. Notwithstanding any other provisions of this Zoning Ordinance, the following criteria shall apply: Multiple-unit residential buildings are allowed by right with no land area requirement being applicable; however, the number of residential units in the Ann and Hope Mixed-Use Special Overlay District shall be limited to 241 residential units. The total number of bedrooms shall be determined by the Planning Board in the approved, recorded final plan for development. Twenty percent of the housing units, integrated throughout the development and equally distributed among number of bedroom units, measured by the Ann and Hope Mixed-Use District as a whole, shall be set aside as low- and moderate-income housing units, and shall be deed restricted for 99 years. There shall be no protected open space requirement.
(d)
Dimensional requirements. The applicable I-1 District dimensional criteria, pursuant to § 5-3, Commercial and industrial zones, shall be required, except maximum lot coverage, which shall be 90%. The buffer requirements pursuant to § 6-9, except as to parking to the extent reasonably practical as determined by the Planning Board in the approved, recorded final plan for development, shall not be applicable, and the dimensional requirements for multiple residential structures pursuant to § 5-5 shall not be applicable.
§ 9-4 Beagle Club Overlay District.
[Added 10-2-2024 by Ord. No. 24-23]
(a)
Applicability. The Beagle Club Overlay District encompasses the properties identified as Assessor's Plat 40, Lots 5, 7, 8, and 43.
(b)
Permitted uses. Uses shall be permitted, prohibited, and permitted by special use permit in the underlying A-2 zoning district as identified in Table 1 entitled "Use Table."
(1)
Additionally, notwithstanding the Use Table requirements, the following uses are also permitted by right in the Beagle Club Overlay District:
(c)
Dimensional requirements. The applicable dimensional requirements for the Agriculatural-2 zoning district, shall be required.
(d)
Parking. Notwithstanding the parking and loading requirements provided in Article 14, and due to the shared use of the parking among the various uses, the minimum required parking shall be 40 spaces and minimum loading shall be one space.
(e)
Review of new improvements to the property shall be in accordance with the Land Development and Subdivision Regulations.