Definitions
112 defined terms in the adopted ordinance. A defined term carries this meaning wherever it appears in the text.
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ABUTTER § 2-1.1One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.
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ACCESSORY BUILDING § 2-1.2In residential zones, a subordinate building that is located on the same lot as a principal building and that is used incidentally to the principal building or that houses an accessory use. Where a substantial part of the wall of an accessory building is part of the wall of the principal building, or where an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building.
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ACCESSORY DWELLING UNIT (ADU) § 2-1.3A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit: a unit that is part of an accessory structure, such as a detached garage: or a unit that is part of an expanded or remodeled primary dwelling.
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ACCESSORY USE § 2-1.4A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of land or building. Such accessory use shall be restricted to the same lot as the principal use. Such accessory use shall not be permitted without the principal use to which it is related.
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ADAPTIVE REUSE § 2-1.5The conversion of an existing structure from the use for which it was constructed to a new use by maintaining the elements of the structure and adapting such elements to a new use.
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ADJACENT LOTS § 2-1.6Two or more lots of record, which have one common boundary or more.
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AFFORDABLE HOUSING § 15-3.1Housing that has a sales price or rental amount that, when adjusted for any federal, state or municipal government subsidy, is less than or equal to 30% of the gross household income of the low and moderate income occupants of the housing (Ref. G.L. § 42-128.8.1 (d)). Affordable housing shall include all types of year-round housing, including, but not limited to, manufactured housing, housing originally constructed for workers and their families, accessory dwelling units, housing accepting rental vouchers and/or tenant based certificates under § 8 of the U.S. Housing Act of 1937, as amended, and assisted living housing. (1) In the case of dwelling units for sale, affordable housing shall mean housing in which the principal, interest, taxes, which may be adjusted by state or local programs for property tax relief, and insurance constitute no more than 30% of the gross household income for a low or moderate income household. (2) In the case of dwelling units for rent, affordable housing shall mean housing in which the rent, heat and utilities other than telephone constitute no more than 30% of the gross annual income for a household with 80% or less of the area median income, adjusted for family size.
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AFFORDABLE HOUSING PLAN § 15-3.2The component of the housing element of the comprehensive plan that is developed to meet housing needs in the Town, including that for low and moderate income residents, and is prepared in accordance with guidelines adopted by the state planning Council.
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AGGRIEVED PARTY § 2-1.7An aggrieved party, for purposes of this appendix shall be: (a) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this appendix; or (b) Anyone requiring notice pursuant to this appendix.
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AGRICULTURAL OPERATIONS § 7-2.1Any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, dairy farming, or aquaculture, or the raising of livestock, fur bearing animals, poultry or bees, or as such definition may be amended from time to time in Chapter 23 § 4 of the General Laws of the State of Rhode Island entitled "The Rhode Island Right to Farm Act."
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APPLICANT § 2-1.8An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.
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APPLICATION § 2-1.9The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval, or permitting purpose.
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APPURTENANCES § 2-1.10Features other than primary or secondary structures which contribute to the exterior appearance of a property including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and landscape features.
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BASEMENT § 2-1.11That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having more than 1/2 of its height above the average elevation of the finished lot grade adjoining the building.
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BLOCK FRONTAGE § 2-1.12All the property fronting on one side of a street between intersecting or intercepting streets or between a street and right-of-way, waterway, end of dead-end street or Town boundary measured along the street line.
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BUFFER § 2-1.13An area of undeveloped land, measured from a property line, that is maintained in a natural or landscaped condition and is intended to screen, separate, and mitigate the visual, noise, and land-use impacts of development on adjacent properties, zoning districts, or rights-of-way. Buffers shall consist of vegetative plantings and may include berms, walls, or fences where expressly permitted by this chapter.
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BUILDING § 2-1.14Any structure used or intended for supporting or sheltering any use or occupancy.
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BUILDING ENVELOPE § 2-1.15The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, bulk or other regulations, and/or any combination thereof.
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BUILDING FRONTAGE § 2-1.16The width of a building abutting or parallel to the street line.
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BUILDING HEIGHT § 2-1.17The vertical distance measured from the grade, as defined herein, on the street frontage of the building, to the highest point of the roof structure. The distance excludes certain roof structures and is otherwise modified in § 5-7 of this appendix.
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BUILDING OFFICIAL § 2-1.18The Building Official of the Town of Cumberland who is also the zoning enforcement officer.
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CELLAR § 2-1.19That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having less than 1/2 its height above the average elevation of the finished lot grade adjoining the building.
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COMMON OWNERSHIP § 2-1.20Either: (a) Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or (b) Ownership by an association (including a municipality) of one or more lots under specific development techniques.
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COMPLETED APPLICATION § 15-3.3A single application consisting of all forms, accompanying documents, exhibits and fees required pursuant to G.L. § 45-53, and § 15-6 of this article, submitted to request relief from the provisions of local ordinances in lieu of separate applications to the applicable local boards.
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COMPREHENSIVE PERMIT § 15-3.4A single application to build low and moderate income housing in lieu of separate applications to applicable boards, in which at least 25% of the housing is proposed to be low or moderate income housing for a period of at least 30 years from initial occupancy. (e) CONSISTENT WITH LOCAL NEEDS — (1) Local zoning and land use ordinances, requirements and regulations are considered consistent with local needs if they are reasonable in view of the state needs for low and moderate income housing; consider the number of low income persons in the Town; are needed to protect the health and safety of the occupants of the proposed housing or of the residents of the Town; promote better site and building design in relation to the surroundings or preserve open spaces; and if they are applied as equally as possible to both subsidized and unsubsidized housing. (2) Local zoning or land use ordinances, requirements or regulations are deemed reasonable if: a. The number of low and moderate income housing units (defined below) are in excess of 10% of the total number of yearround housing units in Town, as calculated on an annual basis by the Rhode Island Housing and Mortgage Finance Corporation (RIHMFC); or b. The housing element of the Town comprehensive plan provides for low and moderate income housing units in excess of 10% of the yearround total housing units, and the local ordinances, requirements and regulations are in place to promulgate the plan.
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COMPREHENSIVE PLAN § 2-1.21The Comprehensive Community Plan adopted by the Town and approved pursuant to G.L. § 45-22.2-1 et seq.
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CONSERVATION DEVELOPMENT § 2-1.22A type of land development project which allows the Town to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property (see Article 11).
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DEMOLITION § 2-1.23An act or process that destroys a structure or its appurtenances, in part or in whole.
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DENIAL § 15-3.5The Planning Board refuses to grant a comprehensive permit, or extends the public hearing without reasonable cause.
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DENSITY § 2-1.24The number of households or dwelling units per unit of land.
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DETACHED BUILDING § 2-1.25A building having no party wall in common with another building.
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DEVELOPMENT § 2-1.26The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use of land.
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DEVELOPMENT REVIEW § 2-1.27The process whereby the Planning Board is authorized to review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this appendix (see Article 12).
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DIRECTOR § 2-1.28Director of the Department of Planning and Community Development of the Town of Cumberland.
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DISTRICT § 2-1.29See "Zoning district."
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DRAINAGE SYSTEM § 2-1.30A system of the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and ground waters and the prevention and/or alleviation of flooding.
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DRIVEWAY § 2-1.31That portion of a lot that consists of a travel lane used to access a parking area or garage and which is bounded on either side by an area that is not part of the parking area.
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DWELLING UNIT § 2-1.32A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and containing a separate means of ingress and egress.
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EXTERIOR ALTERATION § 2-1.33An action that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.
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FAMILY § 2-1.34A person or persons related by blood, marriage or other legal means (see also "Household").
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FARM § 7-2.2Agricultural land of at least five acres, together with principal and accessory buildings and structures upon which agricultural operations are conducted and/or land previously utilized for such purposes before the enactment of this appendix upon which a legal pre-existing nonconforming use was operated.
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FARM PRODUCTS § 7-2.5All agricultural, horticultural, vegetable, fruit, or other products of the soil, livestock products, poultry, eggs, dairy products, nuts, mushrooms, honey and beeswax; provided however that this definition does not include finished forest products, such as lumber or building materials.
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FARM RELATED PRODUCTS § 7-2.6Products, other than farm products as defined above, which are capable of being built, constructed, crafted or manufactured on a farm by a farmer and/or his/her family members such as craft arts, books, clothing or quilts. This definition also includes lawn and garden supplies such as potting soil, peat moss or other soil amendments, seeds, pots, planters and the like. This definition specifically excludes products other than those described above, and which, by their very nature must be manufactured in a commercial or industrial location, including, but not limited to, automotive products, farm machinery, lawn mowers, chain saws, fabricated metal products, tools or hardware.
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FARM RETAIL SALES BUILDING § 7-2.7A building located upon a farm, not exceeding 1,000 square feet (by right) or 1,600 square feet (by special use permit) per farm, the principal use of which is the sale of farm or farm-related products at retail to the general public. Farm retail sales buildings are permitted only upon the premises of a farm owned or leased by the licensee thereof.
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FARM STAND § 7-2.4A rustic freestanding structure or vehicle located upon a farm, not exceeding 200 square feet in total floor area, the principal use of which is the sale of farm products at retail to the general public. Farm stands may be structures or motor vehicles, wagons or trailers, and are permitted only upon the premises of a farm owned or leased by the licensee thereof.
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FARMER § 7-2.3For the purposes of this article, a farmer is an individual, partnership, corporation or other recognized legal entity which operates a farm and has filed a U.S. Internal Revenue Form 1040 (Schedule F) with the Internal Revenue Service, and/or has a State of Rhode Island farm tax number.
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FRONT YARD § 2-1.35A yard extending across the width of the lot, bounded by the required side yards, the building frontage and the street, and which is open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this appendix.
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GARAGE (PRIVATE) § 2-1.36A detached accessory building or portion of a principal building used for storage of vehicles, and provided that, if more than two vehicles are stored therein, the capacity does not exceed one vehicle for each 2,500 square feet of lot area.
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GFA (GROSS FLOOR AREA) § 2-1.37The sum of the gross horizontal area of the several floors of a building measured from the exterior face of exterior walls, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor to ceiling height is less than six feet.
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GRADE § 2-1.38A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than six feet from the building, between the building and a point six feet from the building.
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HISTORIC DISTRICT COMMISSION (HDC) § 2-1.39The Historic District Commission of the Town of Cumberland.
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HOME OCCUPATION § 2-1.40Any activity customarily carried out for gain by a resident, which is conducted as an accessory use in the resident's dwelling unit. (See § 6-6.)
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HOUSEHOLD § 2-1.41One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. Any individual household shall consist of any one of the following: (a) A family, which may also include servants and employees living with the family, or (b) A person or group of not more than three unrelated persons living together.
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INCENTIVE ZONING § 2-1.42The process whereby the Planning Board may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in this appendix.
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INCLUSIONARY ZONING § 15-3.6A regulatory technique applicable to residential subdivisions and/or land development projects that requires a percentage of units within the development to be affordable to households of low and moderate income. Such inclusionary units must meet the definition of low and moderate income housing as defined in this article and in G.L. § 45-53-3.
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INFRASTRUCTURE § 2-1.43Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.
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LAND DEVELOPMENT PROJECT § 2-1.44A project in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures, including, but not limited to, planned development and/or cluster or conservation development for residential, commercial, institutional, recreational, open space and/or mixed-used as may be provided for in this appendix. (See Article 12.)
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LAND UNSUITABLE FOR DEVELOPMENT § 2-1.45Land which has severe or very severe limitations for development (see § 5-8).
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LESS RESTRICTIVE ZONE § 2-1.46The order of zoning use district from less restrictive to more restrictive is: I-2, I-1, C-2, C-1, R-3, R-2, R-1, A-2, A-1, OS.
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LOCAL BOARD § 15-3.7The Planning Board, Zoning Board of Review, Building Official, zoning officer or any other boards or officials having the power of enforcing land use regulations or supervising the construction of buildings.
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LOT § 2-1.47Either: (a) The basic development unit for determination of lot area, depth, and other dimensional regulations, or (b) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
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LOT AREA § 2-1.48The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.
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LOT BUILDING COVERAGE § 2-1.49That portion of the lot that is or may be covered by buildings and accessory buildings.
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LOT COVERAGE § 2-1.50That portion of the lot that is or may be covered by impervious surfaces including all buildings, structures and paved surfaces such as driveways and parking areas, and any other surface that restricts water from infiltrating into the ground. In residential zone, paved driveways of up to 320 feet should not be included. Gravel driveways, walkways and patios constructed using permeable pavements are not included as impervious surfaces.
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LOT DEPTH § 2-1.51The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.
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LOT FRONTAGE § 2-1.52That portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single portion of such lot frontage will be considered with regard to minimum frontage requirements.
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LOT LINE § 2-1.53A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include: (a) FRONTAny lot line separating a lot from a street right-of-way; (b) REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and (c) SIDEAny lot line other than a front or rear lot line. On a corner lot, or irregularly shaped lot, there may be more than one front lot line, and consequently, more than one rear lot line.
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LOT WIDTH § 2-1.54The horizontal distance between the sidelines of a lot measured at right angles to its depth along a straight line parallel to the front line at the minimum front setback line.
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LOT, CORNER § 2-1.55A lot at the junction of and fronting on two or more intersecting streets.
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LOT, THROUGH § 2-1.56A lot which fronts upon two parallel or approximately parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
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LOW AND MODERATE INCOME § 15-3.8Income as those terms are defined by the state or federal government program providing the subsidy for the proposed low or moderate income housing.
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LOW OR MODERATE INCOME HOUSING § 15-3.9Any housing or community residence (as defined in Article 2 of this appendix): (1) Subsidized by the federal, state or municipal government under any program to assist the construction or rehabilitation of low or moderate income housing, as defined in the applicable federal or state statute, that will remain affordable for 99 years or such other period that is agreed to by the applicant and the Town, but shall not be less than 30 years from initial occupancy through a land lease and/or deed restriction, and built or operated by: a. Any public agency or nonprofit organization or limited equity housing cooperative; or b. A private developer of low or moderate income housing; (2) In which any nonresidential component of the proposed development is secondary to the overall proposal, provided the nonresidential component does not exceed that allowed under the funding source or 25% of the gross square footage of the proposed development, whichever is lower.
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MIXED-USE § 2-1.57A mixture of land uses within a single development, building or lot. Under no circumstances shall a second principal use be regarded as accessory to another. Each use of the property, whether or not combined with another, must be permitted in the zoning district and must each comply with all dimensional and other zoning requirements.
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MOBILE HOME § 2-1.58A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a street or highway, and whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent slab foundation is located on jacks or on a permanent foundation and connected to utilities.
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MODIFICATION § 2-1.59Permission granted and administered by the Building Official to grant a dimensional variance, other than lot area requirements, but not to exceed 10% of each of the applicable dimensional requirements (see § 18-5).
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MORE RESTRICTIVE ZONE § 2-1.60The order of zoning use district from more restrictive to less restrictive is: OS, A-1, A-2, R-1, R-2, R-3, C-1, C-2, I-1, I-2.
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MUNICIPAL GOVERNMENT SUBSIDY § 15-3.10Assistance that is made available through a Town program to make housing affordable, as affordable housing is defined above. Such assistance may include, but not [be] limited to: direct financial support; waiver of fees and charges; approval of density bonuses and/or internal subsidies; and any combination of forms of assistance.
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NONCONFORMANCE § 2-1.61A building, structure or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this appendix and not in conformity with the provisions of the ordinance or amendment (see Article 16).
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OVERLAY DISTRICT § 2-1.62A district that is superimposed on one or more district or parts of districts and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone and or which allows alternate uses.
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OWNER § 2-1.63Any person, agent, firm or corporation who, alone, jointly or severally with others: (a) Shall have legal or record title to any property; or (b) Shall have charge, care or control of any property as agent, executor, administrator, trustee or guardian.
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PARKING AREA AISLES § 2-1.64A portion of paved area consisting of lanes providing access to parking spaces.
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PARKING SPACE § 2-1.65A portion of paved area set aside for the parking of one vehicle.
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PERMITTED USE § 2-1.66A use by right, which is specifically authorized in a particular zoning district.
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PERSON § 2-1.67Includes "corporation," "partnership," "association," and "individual."
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PLANNING BOARD § 2-1.68Planning Board of the Town of Cumberland.
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PRE-APPLICATION CONFERENCE § 2-1.69A review meeting of a proposed development held between applicants and the department of planning and development and/or the Planning Board, before formal submission of an application for a permit or for development approval.
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PRINCIPAL BUILDING § 2-1.70In residential zones, the primary building on a lot or a building that houses the principal use.
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PRINCIPAL USE § 2-1.71The primary or predominant use of any lot. There may be more than one principal use in commercial, industrial and mixed-use developments.
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REAR YARD § 2-1.72A yard extending across the width of the lot, bounded by the required side yards, the rear of the building and the rear lot line.
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REMOVAL § 2-1.73Relocation of a structure on its site or to another site.
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REPAIR § 2-1.74A change meant only to remedy damage or deterioration of a structure or its appurtenances.
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SETBACK LINE OR LINES § 2-1.75A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.
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SIDE YARD § 2-1.76A yard extending from the side of the building to the side lot line, the length of which is measured from the front lot line to the rear lot line.
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SIGN § 2-1.77Any object, device or structure, or part thereof, which is used to advertise, identify, display, direct or attract attention to any object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or images.
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SITE PLAN § 2-1.78The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
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SOLID FUEL OUTDOOR FURNACE § 2-1.79Any mechanical system designed to be located on the exterior of a building intended to provide heat and/or hot water to the building to which the furnace is attached through the burning of a solid fuel.
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SPECIAL USE § 2-1.80A regulated use which is permitted pursuant to a special use permit issued by the Zoning Board of Review (see Article 18). Formerly referred to as a special exception.
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STATE HOUSING APPEALS BOARD § 15-3.11The board which hears appeals of denials or conditioned approvals from applicants filing an applications for a comprehensive permit to construct or rehabilitate low or moderate income housing under the provisions of G.L. § 45-53.
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STORY § 2-1.81That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement may be counted as a story but a cellar shall not be so counted.
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STREET § 2-1.82A public right-of-way established by or maintained under public authority, a private way open for public uses, and a private way plotted or laid out for ultimate public use, whether or not constructed. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
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STREET LINE § 2-1.83The line dividing a lot from any street, except a limited or controlled access highway to which the lot has no access.
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STRUCTURE § 2-1.84A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above or below the surface of land or water, including, but not limited to, buildings, gazebos, towers, signs, billboards, outbuildings and swimming pools.
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SUBSIDIZED HOUSING § 15-3.12Housing which receives any direct or indirect municipal, state or federal financial assistance which reduces the cost of the development and results in the creation of affordable housing units for low and moderate income families.
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SUBSTANDARD LOT OF RECORD § 2-1.85Any lot lawfully existing prior to December 13, 1962, or lawfully existing at the time of adoption or amendment of this appendix and not in conformance with the dimensional and/or area provisions of the ordinance or amendment (see Article 16).
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TOWN § 2-1.86The Town of Cumberland.
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TOWNHOUSE § 2-1.87Single-family dwelling units constructed in a series including two or more units sharing a common wall. A Townhouse may also be referred to as a single-family attached unit.
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USE § 2-1.88The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
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VARIANCE § 2-1.89Permission to depart from the literal requirements of this appendix; an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this appendix (see Article 18).
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VEGETATIVE PRODUCTS § 7-2.8As used in this article, the term vegetative products shall mean any farm product of horticultural origin, including, but not necessarily limited to fruit, vegetables, live trees, Christmas trees, shrubs, firewood, sod, hay and flowers, but excluding products of animal origin such as livestock, poultry, eggs, milk, cheese, honey, seafood, bees, or the like. Also excluded from this definition are forest products including lumber, logs or similar building materials.
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ZONING CERTIFICATE § 2-1.90A document signed by the zoning enforcement officer, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this appendix, or is a duly authorized variance or special use permit, or otherwise interprets this appendix in accordance with Article 18 of this appendix.
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ZONING DISTRICT § 2-1.92The basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use.
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ZONING MAP § 2-1.91The Cumberland Zoning Plats which are a part of this appendix and which delineate the boundaries of all mapped zoning districts, specials districts, and overlay districts within the physical boundary of the Town as provided in § 3-4 of this appendix.