Cumberland
Town of Cumberland Zoning Ordinance
§ 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:
    • (1) Single ownership or control;
    • (2) Service by both water and sewer;
    • (3) A minimum of five acres of suitable land area; and
    • (4) A minimum of 40 feet of lot frontage along a public street.
  • (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.