Cumberland
Town of Cumberland Zoning Ordinance
§ 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. The following uses shall be permitted as a matter of right (Y) in the Ann and Hope Mixed-Use Special Overlay District:
        Principal UsesAnn and Hope Mixed-Use Special Overlay District
        RESIDENTIAL
        12. Mixed-use residential*Y
        INSTITUTIONAL AND GOVERNMENTAL
        30. Medical or dental officeY
        34. Day care centerY
        35. Pre-schoolsY
        CULTURAL, ENTERTAINMENT AND RECREATIONAL
        41. Nonprofit library, museum or art galleryY
        44. Indoor sports facilityY
        45. Nonprofit community park and playgroundY
        48. Passive recreationY
        49. Open spaceY
        GENERAL SERVICES
        53. Finance, insurance and real estate serviceY
        54. Personal serviceY
        56. Limited business serviceY
        60. Professional serviceY
        66. Self storage facility**Y
        TRADE
        74. Retail trade, 15,000 square feet total GFA or lessY
        78. RestaurantY
        TRANSPORTATION, COMMUNICATION AND UTILITIES
        88. Communication and utilitiesY
        89. Wireless antenna/satellite dishY
        92(A). Roof-mounted major-scale solar energy system (accessory use)Y
        92(D). Roof-mounted medium-scale solar energy systemY
        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.

        Editor's Note: Said table is included as an attachment to this chapter.

      • b. The following additional uses are permitted as a matter of right in the Ann and Hope Mixed-Use Special Overlay District:
        • 1. Microbrewery, which is defined as an establishment where beer, ale, cider, tea, etc., are brewed, typically in conjunction with a bar, tavern or restaurant use.
    • (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.
  • (e) Parking and loading requirements. Notwithstanding parking and loading requirements stated in Article 14, the Ann and Hope Mixed-Use Special Overlay District shall require a minimum of 450 parking spaces.