Town of Gorham - Land Uses

Accessory apartments

A separate dwelling unit that has been added on, or created within, a lot with a single-family house for the purpose of providing separate living accommodations.

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP R OR SGXR WR

Vehicle Parking:
2 parking spaces per dwelling unit; accessory dwelling units are exempt.
1 parking space per unit for 1-bedroom units, studios and efficiencies.
1 parking space per unit for 2-bedroom units.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Accessory apartments are a permitted use in all zoning districts which allow single-family dwellings or a lot where a single-family dwelling exists, subject to the approval of the Code Enforcement Officer and adherence to the following standards:

A. The owner(s) of the lot must reside in the principal structure or in the accessory apartment.

B. The number of occupants of any accessory apartment is limited to two.

C. Accessory apartments shall contain up to a maximum of 800 square feet of living space and shall not be less than 190 square feet in area.

D. Sewer connections.

(1) An accessory apartment on a lot with the ability to connect to public sewer shall be served by public sewer unless the Portland Water District (PWD) determines that there is not capacity in the sewer main or treatment facility. The PWD sewer connections shall meet the following requirements:

(a) The proposed accessory apartment is connected to the primary residence. In this scenario, the accessory apartment may be connected to the primary residence internal PWD sewer lateral to the primary residence.

(b) The proposed accessory apartment is a separate, standalone building. In this scenario, a separate and independent PWD sewer lateral will be provided to serve the accessory apartment. The detached accessory apartment and the single-family house shall have independent connections from each structure to the PWD's sewer main. The independent sewer laterals will be provided from both buildings with a connection of the two laterals into a sewer manhole at the property line. The sewer manhole may be placed on the existing sewer lateral from the single-family residence, with the accessory apartment sewer lateral being fed into it.

(2) For a lot without the ability to connect to public sewer, the septic systems on the lot in question shall be functioning properly at the time of application and shall be sufficiently designed to meet the new anticipated capacity required under all state and local regulations for septic systems.

(a) For an accessory apartment attached to the existing single-family dwelling, if expansion of the septic system is required to meet the increased flow from the accessory apartment, the applicant shall submit an HHE-220 form to the Code Enforcement Officer for review and approval prior to the installation of the system. Any septic system expansions will need to be completed prior to the certificate of occupancy being issued for the accessory apartment.

(b) Accessory apartments detached from the existing single-family dwelling are required to each have a separate and functioning septic system meeting all state and local regulations for septic systems. Clustered systems are prohibited as set forth in Chapter 230, Sewers, Article IV, Private Wastewater Disposal Systems, § 230-14, Cluster systems prohibited.

E. For a lot served by private wells the owner(s) must show evidence that water is potable and acceptable for domestic use prior to issuance of a certificate of occupancy for the accessory apartment.

F. Proper ingress and egress shall be provided to the accessory apartment.

G. Should the owners of the lot be found in noncompliance with the standards contained in this section, the noncompliance shall be considered a violation of this Land Use and Development Code and subject to the fines and penalty section, and the accessory apartment(s) shall be discontinued, and the lot shall revert to single-family use.

H. An accessory apartment which complies with the requirements of this section shall not be considered an additional dwelling unit when calculating lot area per dwelling unit under the space and bulk regulations of the Land Use and Development Code. An accessory apartment is required to meet the setbacks in the zoning district it is located in and, if applicable, shoreland zoning requirements.

I. Only one accessory apartment shall be permitted on a lot.

J. Accessory apartments on a lot with the ability to connect to a public water main shall be connected into the public water main unless the Portland Water District determines that there is not capacity in the PWD water main to serve the lot. Accessory apartments being constructed on a lot with public water supply shall provide a PWD ability-to-serve letter prior to issuance of a building permit for the accessory apartment.

Accessory buildings and uses

ACCESSORY USE
A use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.

ACCESSORY BUILDING
A subordinate building or a portion of the main building, the use of which is incidental to that of the main or principal building.

Districts Where Allowed Districts where use is Permitted by Right I OCI SR GVCD LFVCD R RC UC AI MC ND SGXR WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
SR District:
Includes home occupations.

UC District:
including a caretaker unit.

RC District:
including a caretaker unit and accessory outdoor storage meeting the requirements outlined in § 300-1.53, Performance standards.

I District:
Including retail and service uses accessory to another permitted use, and also including a caretaker unit for residential use, provided that there shall be no more than one residential unit on a property and such unit shall be resided in by an owner of the property, an employee of the industrial operation, or a person who serves as a security person. In the event that the principal industrial use or other permitted use terminates, then the accessory residential use shall also terminate.

AI District:
Including retail and service uses accessory to another permitted use, and also including a caretaker unit for residential use, provided that for nonagricultural buildings and uses there shall be no more than one residential unit on a property and such unit shall be resided in by an owner of the property, an employee of the industrial operation, or a person who serves as a security person. Agricultural buildings and uses are allowed to have up to three accessory residential units located on any of the farm parcel(s) in addition to the farmhouse. In the event that the principal industrial or agricultural use or other permitted use terminates, then the accessory use, except for a residential use accessory to agricultural buildings and uses, shall also terminate. The three accessory residential units for agricultural buildings and uses are allowed to remain.

WR District:
Including home occupations and outdoor storage.

ND District:
As part of a mixed use development and includes home occupations.

OCI District:
Accessory uses and buildings, including retail and service uses accessory to another permitted use, and also including a caretaker unit for residential use, provided that there shall be no more than one residential unit on a property and such unit shall be resided in by an owner of the property, an employee of the industrial operation, or a person who serves as a security person. In the event that the principal industrial use or other permitted use terminates, then the accessory residential use shall also terminate.

AI District:
Accessory uses and buildings, including retail and service uses accessory to another permitted use, and also including a caretaker unit for residential use, provided that for nonagricultural buildings and uses there shall be no more than one residential unit on a property and such unit shall be resided in by an owner of the property, an employee of the industrial operation, or a person who serves as a security person. Agricultural buildings and uses are allowed to have up to three accessory residential units located on any of the farm parcel(s) in addition to the farmhouse. In the event that the principal industrial or agricultural use or other permitted use terminates, then the accessory use, except for a residential use accessory to agricultural buildings and uses, shall also terminate. The three accessory residential units for agricultural buildings and uses are allowed to remain.

Accessory residential uses, including home occupations

ACCESSORY USE
A use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.

Districts Where Allowed Districts where use is Permitted by Right UR UREXP OR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Adult-use cannabis cultivation for personal use

A "cultivation facility," as that term is defined in 28-B M.R.S.A. § 102-A(25), as may be amended or recodified.
See also § 300-2.81: Definitions for a list of terms associated with cannabis cultivation.

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Purpose.
A. The purpose and intent of this Article 2-17 is to regulate personal cultivation of cannabis for the grower's use on the property where the grower's residence is located. This article prohibits growing for any person not living on the property where the cannabis is being cultivated, all commercial cultivation for adult-use and the sale of "adult-use" cannabis from a residential property.

B. This article is adopted by the Town Council pursuant to 28-B M.R.S.A. § 1502(3) and the home rule authority granted to municipalities by 30-A M.R.S.A. § 3001 and the Constitution of Maine, Article VIII, Part Second.

Standards.
The growing of adult use cannabis shall conform to the below requirements:

A. There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence, accessory structure or fenced-in area from the public right-of-way or abutting properties, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

B. The authorized grower's primary or full-time residency shall be on the lot where the cannabis is being cultivated. The residence shall include a fully functional and usable kitchen, bathroom and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.

C. Each grower on a lot is limited to grow a maximum of three mature plants and 12 immature plants in an area of 50 square feet. If multiple authorized growers are located on a lot, the 50 square foot area for each grower shall be separate and lockable from the other growers located on the lot. The unlimited seedlings are not required to be located within the 50 square feet of growth area but are required to be in a lockable area.

D. Outdoor cultivation is only allowed for lots with over 40,000 square feet of lot area and which have one single-family dwelling.

E. Indoor cultivation is required for lots with multiple dwelling units.

F. Cultivation areas shall be set back a minimum of 50 feet from the property line and shall not be located within any front, side or rear yard setbacks.

G. A property owner's written consent to cultivate cannabis is required for growers located on lots not owned by them. An owner of a residential structure, accessory structure or lot can prohibit the cultivation of cannabis on the owner's property.

H. All cultivation areas shall meet all applicable local, state and federal building, electrical and fire codes.

I. The outside or inside cultivation areas shall be locked when not being attended to by the grower of the cannabis.

J. A cannabis cultivation permit is required prior to commencing any cannabis cultivation by any grower(s) owning, leasing, occupying or having charge or possession of any legal lot or premises where cannabis cultivation is proposed to occur. The cannabis cultivation permit must be obtained from the Code Enforcement Officer or designee to ensure compliance with the requirements of this article.

K. The odor generated from cannabis cultivation or harvesting at the subject property shall not be reasonably detectable from any adjacent lot or public right-of-way.

Prohibited activity.
The following are prohibited as part of the adult-use cannabis growing for personal use:

A. The home extraction of cannabis concentrate using hazardous substances.
B. The cultivation, manufacturing, testing, retail sale, gifting and/or growing of cannabis for adult use by someone not a resident of the lot.

See Article 2-17: Adult-Use Cannabis Cultivation for Personal Use for more detailed information.

Affordable housing developments

A. For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs; and

B. For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs.

C. For purposes of this definition, "housing costs" include, but are not limited to:

(1) For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer and/or trash) that the household pays separately from the rent; and
(2) For an ownership unit, the cost of mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowner's insurance, condominium fees and homeowners' association fees.

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Density bonus.
Affordable housing developments may have a dwelling unit density of 2.5 times the base density that is otherwise allowed in the base zone, as set forth in Part 1 of this Land Use and Development Code.

Wastewater disposal.

A. Affordable housing developments on a lot with the ability to connect to public sewer shall be served by public sewer unless the Portland Water District (PWD) determines that there is not capacity in the sewer main or treatment facility. The PWD sewer connections shall meet the following requirements.

B. For an affordable housing development without the ability to connect to public sewer, the septic systems on the lot in question shall be functioning properly at the time of application and shall be sufficiently designed to meet the new anticipated capacity required under all state and local regulations for septic systems. Clustered systems are prohibited as set forth in Chapter 230, Sewers, of the Town Code, Article IV, Private Wastewater Disposal Systems, § 230-14, Cluster systems prohibited.

Drinking water supply.

A. Affordable housing developments on a lot with the ability to connect to a public water main shall be connected into the public water main unless the Portland Water District determines that there is not capacity in the PWD water main to serve the lot and shall provide a PWD ability to serve letter prior to any approval of any site plan.

B. For a lot served by private wells, the owner(s) must show evidence that water is potable and acceptable for domestic use prior to issuance of approval of any site plan.

Shoreland zoning.
Notwithstanding the foregoing, an affordable housing development must comply with all shoreland zoning requirements imposed by this Land Use and Development Code and by the Maine Department of Environmental Protection.

Subdivision.
This article shall not be construed to exempt affordable housing developments from the subdivision requirements imposed by Part 3 of this Land Use and Development Code.

See Article 2-19: Affordable Housing Developments for more detailed information.

Agricultural buildings and uses

AGRICULTURAL BUILDING, EXISTING
A nonresidential building that has been used for an agricultural use or in conjunction with an agricultural activity for at least 10 years prior to April 1, 2005.

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP R AI OR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
UR and UREXP Districts:
Any agricultural building or use except a sawmill. Keeping of animals other than household pets shall conform to the requirements of Part 2, Article 2-12, Keeping of Urban Farm Animals.

WR District:
Any agricultural building or use except a sawmill.

Agriculturally related business uses

Districts Where Allowed Districts where use is Permitted by Right AI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Including machinery sales and service, seed and fertilizer sales, and similar uses.

Agriculturally related business uses, including machinery sales and service, seed and fertilizer sales, and similar uses

Districts Where Allowed Districts where use is Permitted by Right R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Agritourism

Any agricultural activity carried out on a farm or ranch that members of the general public are allowed to view or participate in, including farming, ranching, historical and cultural activities, harvest-your-own activities and attractions related to farming or ranching, including, but not limited to, marketing or selling of any products from the farm or ranch. Example of agritourism include farm markets; roadside stands; enjoyment of the farm environment; harvest-your-own operations; ice cream/bakery facilities; Maine Maple events; Christmas tree farms, including cut-your-own operations; wineries, winery tours and tastings; local product retail operations; corn mazes; farm-related interpretive facilities and exhibits; agricultural education programs and experiences; agriculturally related fairs and festivals; on-site farm, garden and nursery tours; trails; farm stay; recreation-related operations; horseback riding; weddings; corporate events/retreats; and banquets. An activity is an agritourism activity whether or not the participant pays to view or participate in the activity.

Districts Where Allowed Districts where use is Permitted by Right R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
A. The farm must be an existing and operating working farm.

B. Agritourism activity must be incidental to the agricultural use of the property.

(1) Events that have under 100 attendees or less at any one time are required to have 10 acres under continuous ownership or leased farmland uses for the location where the agritourism activity will occur.

(2) Events that have 100 to 250 attendees at any one time are required to have 20 acres or more under continuous ownership or leased farmland areas for the location where the agritourism activity will occur.

C. Permits. Events under this section are exempt from site plan review. Events with more than 100 attendees at any one time are required to get an agritourism event permit from the Code Office for each event. The applicant will identify how the event will comply with standards outlined in this section.

D. Applicants, vendors and owners are required to obtain all required local, state and federal permits for each agritourism activity.

E. The attendance at any such event shall be limited to 250 attendees at any one time. The number of events with over 100 attendees at any one time shall be limited to 10 events in a calendar year, with no more than three events occurring in a calendar month. Events that occur over multiple days shall constitute a separate event for each day the event occurs.

F. The use of any structure for agritourism activities is required to meet all local, state and/or federal codes, including but not limited to building and fire codes.

G. Adequate bathroom facilities, either portable or permanent, shall be provided to accommodate all attendees.

H. Any service, sale or consumption of alcoholic beverages shall be in compliance with state law.

I. Such events may include the provision of goods and services by third-party vendors, including but not limited to catered food preparation and serving and musical performances or other entertainment. Third-party vendors are required to obtain all required local, state and federal permits for the events they are participating in.

J. Agritourism activities are required to meet the Town's noise standards under Part 2, Article 2-1, § 300-2.8, Noise abatement.

K. Signage may be used as prescribed by Part 2, Article 2-3, Signs.

L. Hours of event operations are limited to:

(1) Sunday through Thursday, 8:00 a.m. to 8:00 p.m.
(2) Friday through Saturday, 8:00 a.m. to 10:00 p.m.
(3) Setup and takedown for an event is considered to be separate from the hours of operation of the event and shall not be considered part of the event itself. Setup or takedown shall not occur between the hours of 11:00 p.m. and 7:00 a.m.

M. Events that do not conform to the standards above may be considered under contract zoning; see Article 1-1, § 300-1.7.

N. Vehicular access into the agritourism activity will provide for safe and convenient access.

O. None of the agritourism activity shall be located in any required side, rear or front setbacks.

P. Maine state-sponsored events shall be exempt from obtaining a permit.

Announcement sign or bulletin board

Districts Where Allowed Districts where use is Permitted by Right UR OR

Development Requirements:
For the use of a public, charitable or religious institution, occupying the premises on which the sign or board is located.

Any agricultural building or use except a sawmill

AGRICULTURAL BUILDING, EXISTING
A nonresidential building that has been used for an agricultural use or in conjunction with an agricultural activity for at least 10 years prior to April 1, 2005.

Districts Where Allowed Districts where use is Permitted by Right WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Keeping of animals other than household pets shall conform to the requirements of Part 2, Article 2-12, Keeping of Urban Farm Animals.

Apartment buildings

A building arranged, intended or designed to be occupied by three or more families living in independent dwelling units.

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC OR SGXR

Vehicle Parking:
2.5 parking spaces per 3-bedroom or larger units, plus 1 additional visitor's parking space for every 6 dwelling units or fraction thereof.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Except collegiate Greek system residences.

Automotive repair

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Auto-oriented businesses

Districts Where Allowed Districts where use is Permitted by Right RC WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Auxiliary public utility structure

A structure, not to exceed 500 square feet in gross floor area and 16 feet in height, operated by a public utility, including but not limited to pumping stations, excluding wireless telecommunications towers and wind turbines.

A. Such utility structures must remain unoccupied except for required maintenance.
B. Vegetative screening is required where such structures abut residential uses, and may be required along a public and/or private way.

Districts Where Allowed Districts where use is Permitted by Right SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
An auxiliary public utility structure is exempt from the minimum lot size and street frontage requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

Bed-and-breakfast establishment with public dining as an accessory use

A single-family dwelling occupied by the owner as their principal place of residence that accommodates paying guests for a limited duration with sleeping and dining facilities; payable on a per-diem basis; having more than three sleeping rooms but fewer than 10 sleeping rooms; and in which some bathrooms, sitting rooms and dining rooms are used in common by such guests. All dining facilities are limited to use by overnight guests of that particular establishment. For purposes of this definition, "principal place of residence" means that the owner of the land and buildings must be in residence on the premises while the bed-and-breakfast business is conducted. The residence of the owner must be in the main building where all bed-and-breakfast activities occur. Additional buildings on the lot that meet space, setback and parking requirements may be used for additional bed-and-breakfast activities. This use is considered a commercial use.

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC MC Districts where use is allowed as a Special Exception SR UR UREXP R OR WR

Vehicle Parking:
1 parking space per guest room plus 1 parking space per employee per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
See Article 2-8: Bed-and-Breakfast Facilities for detailed information.

Bed-and-breakfast establishments

A single-family dwelling occupied by the owner as their principal place of residence that accommodates paying guests for a limited duration with sleeping and dining facilities; payable on a per-diem basis; having no more than three guest rooms and limited to serving breakfast to said overnight guests; shall be considered a home occupation accessory to principal use of the dwelling and shall be allowed under the standards applicable to home occupations. For purposes of this definition, "principal place of residence" means that the owner of the land and buildings must be in residence on the premises while the bed-and-breakfast business is conducted.

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC OR WR

Vehicle Parking:
1 parking space per guest room plus 1 per employee per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
In addition to the performance standards contained in Part 2 of this Land Use and Development Code, the following requirements shall be placed on bed-and-breakfasts and their accessory public dining uses:

A. Parking requirements. See Article 2-2, § 300-2.10, Off-street parking standards, Subsection B.

B. No building used as a bed-and-breakfast, bed-and-breakfast establishment, with or without public dining as an accessory use, or inn shall be expanded by more than 25% in volume or square footage of the building footprint over the lifetime of the building except by Planning Board review, to include a peer review by an architect experienced in renovation and expansion of historical and older buildings. Any building expansion of 25% or less in volume or square footage of the building footprint shall be reviewed by the Code Enforcement Officer, who shall determine that it is architecturally consistent with the existing building and neighborhood, and shall also be subject to review by a local Architectural Review Board, from the time such a board has been established.

C. There shall be no expansion of paved areas in the front yard setback for the purpose of commercial parking after the passage of this article (March 2, 2011) in the Urban Residential, Suburban Residential and Rural Districts.

D. No new bed-and-breakfast, bed-and-breakfast establishment, with or without public dining as an accessory use, or inn shall be established in a building constructed after the passage of this article (August 4, 2009) in the Urban Residential, Suburban Residential and Rural Districts. Any new building constructed in the Office-Residential District for use as a bed-and-breakfast establishment must be architecturally consistent with the surrounding structures as determined by architectural peer review (or an architectural board when established). Any building constructed in the Village Centers or Urban Commercial Districts for use as a bed-and-breakfast establishment or inn must meet the Village Center standards. In those districts which allow retail, motels and/or rooming houses as permitted uses, the restriction on bed-and-breakfast establishments or inns to buildings constructed prior to the passage of this article shall not apply.

E. Additional performance standards applicable to bed-and-breakfast establishments with public dining as an accessory use and to inns, with the exception of those which are located within the Roadside Commercial or Narragansett Mixed-Use Development Districts.

(1) The maximum number of persons dining at the establishment is limited to five times the number of overnight guest rooms, subject to applicable building and fire code restrictions. (For example, an establishment with nine guest rooms would be allowed to have 45 persons in the dining facility at any one time, under this accessory use.) This use is considered a commercial use.

(2) Hours of operation. Public dining hours of operation shall be limited to the hours between 7:00 a.m. and 10:00 p.m. in Residential Districts, with the last seating commencing no later than 9:00 p.m. Outdoor dining is restricted to daylight hours.

F. Adequate visual buffering shall be provided between adjacent uses where there is a transition from one type of use to another use. At a minimum, fencing, landscaping or natural features shall be used to visually screen service, storage and parking areas from adjacent properties and public rights-of-way. The buffering must be effective upon installation.

(1) Bed-and-breakfast establishments in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas and shall meet the minimum requirements of Article 2-1, Environmental, § 300-2.9, Buffer areas;

(2) A buffer area shall be established between bed-and-breakfast establishments and any abutting single-family or two-family dwellings. Buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. The buffering shall consist of landscaping, fencing, grading or a combination of features to the satisfaction of the Planning Board. The buffer area must be effective upon installation;

(3) All off-street parking within the front yard setback shall be separated from the lot line by a buffer area. Landscaped buffer areas abutting a public street shall be a minimum of 10 feet in depth and shall be sufficient to limit the glare of headlights from the lot. The buffer area shall consist of landscaping, fencing, grading or a combination of features to the satisfaction of the Planning Board. The buffer area must be effective upon installation; and

(4) All lighting must be adequately screened from view of public ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four feet high. Screening must be effective upon installation.

G. Exterior lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety and comfort in parking and service areas and to not cause glare beyond the limits of the property boundaries. Lighting shall also conform to the Village Center performance standards in Part 1, Article 1-9, Village Centers District, § 300-1.48, Subsection E(13), Lighting.

H. No portion of exterior stairs or fire escapes shall be located on the front wall of the building facing the primary street.

I. Additional performance standards applicable to inns.

(1) Inns in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas;

(2) A buffer area shall be established between the inn and any abutting single-family or two-family dwellings. Buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. Buffering shall consist of landscaping, fencing, grading or a combination of features. The buffer area must be effective upon installation;

(3) All off-street parking and lighting must be adequately screened from view of public ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four feet high. Screening must be effective upon installation; and

(4) Accommodations for live-in staff are permitted and not included in guest room totals.

Business and professional offices

Offices for the conduct of business and involve no sales of tangible products available on the premises, except as a minor and ancillary use as would be directly related to the conduct of a given profession, or storage of materials or equipment which are used off the premises. The following uses are not considered business and professional offices:

A. Distribution facilities.
B. Sales offices involving on-premises display and sales of materials, except as a minor and ancillary use as described above.
C. Offices of building contractors involving the storage of materials or equipment.

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC ND OR SGXR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Business and professional offices and professional outpatient clinics

Districts Where Allowed Districts where use is Permitted by Right MC WR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area, plus 1 space for each examination, treatment or consultation room.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Business services

An activity that supplies a direct service to business, including, by way of example, advertising, credit reporting and collection, mailing and reproduction, care of buildings, personnel supply, computer and data processing, market research, and management and public relations.

Districts Where Allowed Districts where use is Permitted by Right ND SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Cannabis cultivation or manufacturing facility

MEDICAL CANNABIS MANUFACTURING FACILITY
A "manufacturing facility," as that term is defined in 22 M.R.S.A. § 2421-A(27R), and further specified in 22 M.R.S.A. § 2423-F, as both may be amended or recodified.

Districts Where Allowed Districts where use is Permitted by Right I OCI R

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
When inside an existing agricultural building.

Cemeteries

Districts Where Allowed Districts where use is allowed as a Special Exception SR R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Churches (2,000 or more square feet)

Districts Where Allowed Districts where use is Permitted by Right SGXR Districts where use is allowed as a Special Exception SR UR UREXP GVCD LFVCD R MC ND OR WR

Vehicle Parking:
1 parking space for every 5 occupants of capacity in the structure.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential purposes and has 2,000 or more square feet of floor area or generates 200 or more vehicle trips during any twenty-four-hour period.

Churches (less than 2,000 square feet)

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC ND OR SGXR WR

Vehicle Parking:
1 parking space for every 5 occupants of capacity in the structure.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential or commercial purposes, which has less than 2,000 square feet of floor area and generates fewer than 200 vehicle trips during any twenty-four-hour period, except collegiate Greek system residences.

Cluster residential developments

A form of development which allows a developer to create smaller lots than required by the applicable zoning district regulations in return for setting aside a portion of the tract as permanent open space owned and maintained jointly by the individual lot owners or by a land trust or other conservation organization.

Districts Where Allowed Districts where use is Permitted by Right SR R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Development Requirements:
A. A cluster residential development is a form of development which allows a developer to create smaller lots than required by the applicable zoning district regulations in the Rural and Suburban Residential Districts in return for setting aside a portion of the tract as permanent open space owned and maintained by a land trust or other conservation organization. The net residential density of the site shall remain the same as if the site were developed as a conventional subdivision. Each dwelling unit in a cluster residential development shall be placed on a separate lot, whether the dwelling unit is a single-family dwelling or part of a two-family or multifamily dwelling. The Planning Board may approve requests for cluster residential developments if it finds that the proposal conforms to the criteria listed below and is the best development form for the site.

B. Notwithstanding other provisions of this Lane Use and Development Code relating to space and bulk, the Planning Board, in reviewing and approving proposed residential developments located in Gorham, may modify said provisions related to space and bulk to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.

(1) Lot size shall not be reduced to less than:

(a) In the Suburban Residential District: 20,000 square feet.
(b) In the Rural District: 30,000 square feet.

(2) Frontage. Each lot shall have frontage on a public street or a private way proposed by the applicant as follows:

(a) In the Suburban Residential District: 75 feet.
(b) In the Rural District: 100 feet.
(c) Up to 10% of the lots in a cluster subdivision may have frontages reduced below the frontage requirements stated in this subsection but not below 25 feet. Lots with frontage reduced under this provision shall not be adjacent to more than one other lot with such a reduced frontage, as determined at the front lot line.

(3) Lot setbacks:

(a) Front on private way or public street not identified as a collector, arterial or state DOT-designated route: 25 feet.
(b) Front on a collector, arterial road or state DOT-designated route: 50 feet.
(c) Rear: 10 feet.
(d) Side: 10 feet.

C. Innovate approaches to residential layout and environmental design shall be subject to the following performance standards:

(1) The minimum common open space requirement shall be:

(a) At least 40% of the total area of the tract or parcel of land being developed must be maintained as common open space and not be included in the individual building lots.

(b) The following "high-value conservation areas" shall be considered when determining the area(s) within the subdivision to be allocated to the 40% required common open space.

(c) Land deemed to be in excess of the 40% requirement, up to 50% of the total land area, may be required by the Planning Board as additional open space if the area contains land that meets the requirements of the "high-value conservation areas." The Planning Board must review the overall intent of the chapter as well as the impact on the design of the buildable lots and infrastructure of the subdivision in determining if the additional land should be included in the common open space.

(d) Active open space shall be required for subdivisions with more than 25 lots and/or dwelling units. Active open space is for active recreation and maintenance for recreation use, including playgrounds, tennis courts, ball fields, basketball courts and similar facilities. A part or all of the active open space may, at the option of the Town, be dedicated for acceptance by the Town for operation as a municipal recreation facility. The following table provides the minimum active open space reservations required in cluster subdivisions:

Average Density Per Dwelling Unit (square feet)	Active Open Space Required (percentage of subdivision open space)
80,000 or more	1.5%
40,000 to 79,999	2.5%
20,000 to 39,999	4%
10,000 to 19,000	5%

(2) High-value conservation areas:

(a) Existing trails (bike, hiking, cross-country skiing, snowshoeing, horseback riding or snowmobiling) that connect with existing trails on Town-owned land or with existing trails on abutting land protected by a conservation easement or other written agreement.
(b) Existing healthy, native forests of at least five contiguous acres.
(c) Habitats of endangered or threatened species.
(d) Significant wildlife habitats as defined by the Maine Department of Inland Fisheries and Wildlife or the municipality.
(e) Significant natural features and scenic views such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.
(f) Archaeological sites, historic structures, cemeteries and burial grounds.
(g) Prime farmlands, farmland of statewide and/or local importance of at least one contiguous acre.
(h) Land being actively farmed and which will remain active farmland of at least one contiguous acre.

(3) The subdivision shall be in compliance with all state and local codes and ordinances.

(4) There shall be no approval of any proposed development which exceeds the allowable net residential densities permitted without appeal in the district in which it is located.

(5) Common open space shall be usable for recreational or other outdoor living purposes and for preserving large trees, groves, woods, ponds, streams, glens, rock outcrops, native plant life and wildlife cover. The use of any open space may be further limited or controlled at the time of final approval where necessary to protect adjacent properties or uses. Residual open space shall be dedicated to the recreational amenity and environmental enhancement of the development and shall be recorded as such. Such dedications may include private covenants or arrangements to preserve the integrity of open spaces and their use for agricultural or conservation purposes.

(a) The uses of common open space may include:

[1] Passive recreation, such as hiking, walking, running, biking, snowshoeing, cross-country skiing, picnicking, bird-watching, hunting, fishing and other low-impact recreational activities that do not significantly alter the natural common open space;
[2] Operation of snowmobiles or ATVs on existing snowmobile or ATV trails;
[3] Agriculture, horticulture, silviculture or pasture uses, provided that all best management practices are utilized to minimize environmental impacts;
[4] Nonstructural stormwater management, such as rain gardens and forested buffers;
[5] Easements for drainage, access and underground utility lines;
[6] Other conservation-oriented uses such as community gardens, compatible with the purposes of this article; and
[7] Parking lots for trail head use with no more than 10 parking spaces and associated drive aisles.

(b) The following uses are prohibited uses of common open space:

[1] Roads, parking lots and impervious surfaces, except as specifically authorized in this article;
[2] Subsurface wastewater disposal systems and wells;
[3] Built stormwater management systems such as, but not limited to, ponds, underdrain ponds, catch basins and pipes;
[4] Dumping or disposal of any type of yard waste, household waste, hazardous waste or other debris, organic or inorganic;
[5] Cutting vegetation, except for annual mowing related to agricultural uses or to prevent shrub growth from overtaking protected fields, forest management of trees with an approved forest management plan written by a Maine licensed forester, or dead, diseased or dying trees as identified by a licensed Maine arborist. Removal of invasive species as identified by the Maine Department of Agriculture, Conservation and Forestry is exempt from this section;
[6] Altering approved common open space;
[7] Additional structures being placed in the common open space without prior Planning Board approval; and
[8] Other activities as determined by the applicant and recorded on an instrument providing permanent protection such as deed restrictions.

(c) Common open space ownership may include any of the following (with a preference to the order below):

[1] Ownership by a conservation organization approved by the Planning Board with permanent restrictions on its future use; or
[2] Ownership by the Town with or without a conservation easement to a conservation organization approved by the Town Council and Planning Board.
[3] Ownership by a homeowners' association conditioned on forever being maintained as common open space and there shall be no further subdivision of this land nor buildings constructed upon it without further Planning Board review. The land may also have a conservation easement on it to the Town or a conservation organization approved by the Planning Board.

See § 300-2.27: Cluster residential development for more detailed information.

Commercial outdoor recreation facilities

Districts Where Allowed Districts where use is Permitted by Right RC

Vehicle Parking:
1 parking space per 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Commercial schools which have 2,000 square feet or less of floor area

A for-profit business facility or institution which provides instruction or tutoring by previous arrangement for a particular skill or subject to a group of students in a classroom or similar-type setting and may include private lessons as an ancillary service. By way of example only, commercial schools may include schools for performing arts, fine arts, photography, driving, pottery, business, beauty, sports, language or driving.

Districts Where Allowed Districts where use is Permitted by Right MC ND SGXR WR

Vehicle Parking:
1 parking space for each employee and staff; 1 parking space per 3 students based on the maximum number of students attending the school at any period in the day

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Commercial schools which have more than 2,000 square feet of floor area

A for-profit business facility or institution which provides instruction or tutoring by previous arrangement for a particular skill or subject to a group of students in a classroom or similar-type setting and may include private lessons as an ancillary service. By way of example only, commercial schools may include schools for performing arts, fine arts, photography, driving, pottery, business, beauty, sports, language or driving.

Districts Where Allowed Districts where use is Permitted by Right ND SGXR Districts where use is allowed as a Special Exception MC WR

Vehicle Parking:
1 parking space for each employee and staff; 1 parking space per 3 students based on the maximum number of students attending the school at any period in the day

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Communication and transmission facilities

Districts Where Allowed Districts where use is allowed as a Special Exception R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Including relay stations, transmission towers and antennas.

Conference center or banquet hall

A facility designed with multiple rooms or buildings for the use of conferences, seminars, weddings, family gatherings, parties, and like or similar events.

Districts Where Allowed Districts where use is Permitted by Right ND SGXR

Vehicle Parking:
1 parking space for every 5 occupants of capacity in the structure.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Country clubs

Land area and buildings containing golf courses, a clubhouse and customary accessory uses, open only to members and their guests.

Districts Where Allowed Districts where use is Permitted by Right SR R SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Day care homes as home occupations

A home or other facility used generally to provide day-care services or baby-sitting services for 12 or fewer persons.

Districts Where Allowed Districts where use is Permitted by Right MC

Vehicle Parking:
1 parking space per 4 children or adults.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Prior to the permit approval of the use by the Code Enforcement Office, the applicant must obtain a license from the State of Maine Department of Child and Family Services.

Day-care centers

A home or other facility used generally to provide day-care services or baby-sitting services for 13 or more persons.

Districts Where Allowed Districts where use is Permitted by Right ND SGXR Districts where use is allowed as a Special Exception SR UR GVCD LFVCD R MC OR WR

Vehicle Parking:
1 parking space per 4 children or adults.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Day-care centers (more than 2,000 square feet)

A home or other facility used generally to provide day-care services or baby-sitting services for 13 or more persons.

Districts Where Allowed Districts where use is allowed as a Special Exception ND

Vehicle Parking:
1 parking space per 4 children or adults.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Dog kennel

A facility for the boarding and/or day care of dogs, including accessory activities such as grooming or training.

Districts Where Allowed Districts where use is Permitted by Right R

Vehicle Parking:
1 parking space for every 5 dogs boarded.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Purpose; plans; inspections.
The purpose of this Article 2-14 is to provide standards to ensure that dog kennels are safe and maintained in a clean and sanitary manner and do not create a nuisance to surrounding properties. The dog kennel owner shall submit a fully dimensioned and detailed plan illustrating all structures and areas that will be used in the operation of the dog kennel and showing compliance with the Town's Land Use and Development Code. The Code Enforcement Office may conduct an inspection as needed to verify that the dog kennel is operating as approved and in conformance with this Land Use and Development Code.

Performance standards.
A dog kennel shall meet the following standards:

A. Shall be located on lots not less than three acres in area.

B. Shall not have more than 10 dogs at any given time.

C. Dogs shall be housed within a permanent structure/outbuilding between the hours of 7:00 p.m. and 7:00 a.m.

D. Any structure used for housing the dogs and/or containment area shall be:

(1) Designed, constructed and located on the lot in a manner that will minimize the negative impact upon abutting properties.
(2) Set back a minimum of 100 feet from all property lines.
(3) Structurally sound and maintained in good repair at all times.
(4) Well ventilated so as to provide constant fresh air.
(5) Maintained at a comfortable temperature.
(6) Maintained in a clean and sanitary condition at all times. Any animal excrement shall be removed at least twice daily from the dog pens and runs. Each pen shall be washed down with water and disinfectant cleaner as often as necessary to maintain a safe and sanitary condition for the dogs, but in no event less than once each day.

E. Any structure used for housing the dogs shall have its floor constructed of cement, asphalt or a similar material.

F. Outside containment areas shall be enclosed with fencing with a height of no less than eight feet.

G. All dog pens shall provide sufficient room for the dogs housed therein to turn about freely, to stand erect, and to lie down in a natural position.

H. Any storage container used for holding waste that includes animal excrement shall be kept tightly covered at all times and emptied at least once every two days. Such container shall be located in accordance with the setback requirements for structures as stated in this section.

I. All dogs shall have access to shelter to protect them from the weather.

J. The dogs shall be provided with sufficient fresh water and wholesome food so as to maintain their health. Food and water containers shall be kept clean and sanitized.

Drive-through service

A retail or service activity in which the customer does not leave their motor vehicle to complete the transaction, and which complies with the following requirements:

A. A separate, defined stacking lane is provided which will accommodate a minimum of five vehicles.

B. The transaction occurs at a defined service window or terminal.

C. The service window or terminal is located a minimum of 60 feet, with the maximum to be established at site plan review, from the point of egress onto the nearest street right-of-way.

D. The architectural design of the service window or terminal shall be compatible with the principal use.

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC MC ND OR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
When accessory to financial institutions.

Essential services

The construction, alteration or maintenance of gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services. (Applies to Part 2, § 300-2.5, Shoreland area protection.)

Districts Where Allowed Districts where use is Permitted by Right SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Facilities for the processing of agriculture products

Districts Where Allowed Districts where use is Permitted by Right R AI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Food processing less than 12,000 square feet

Districts Where Allowed Districts where use is Permitted by Right AI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

For-profit schools

Districts Where Allowed Districts where use is Permitted by Right OCI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Funeral homes

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD R RC UC MC SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Gasoline station and/or repair garage

Districts Where Allowed Districts where use is Permitted by Right RC SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Golf courses

A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways and hazards, that may include a clubhouse and shelter. See "country club."

Districts Where Allowed Districts where use is Permitted by Right SR R SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Heavy machinery and equipment sales and service

Districts Where Allowed Districts where use is Permitted by Right I OCI RC

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Home occupations

An occupation or profession which is accessory to a residential use and is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; carried on by a member of the family residing in the dwelling unit; clearly incidental and secondary to the use of the dwelling unit for residential purposes.

Districts Where Allowed Districts where use is Permitted by Right SGXR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Performance standards.
Home occupations shall conform to the following requirements:

A. The use of a dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes.

B. A home occupation may not alter the residential character of the structure, neighborhood or change the character of the lot from its principal use as a residence.

C. The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto with the exception of farm/roadside stands, which are allowed to be carried on in a separate structure.

D. Not more than two people outside the family shall be employed in the home occupation.

E. There shall be no exterior display, no exterior sign (except as expressly permitted by the district regulations of this Land Use and Development Code), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

F. No nuisance, offensive noise, vibration, smoke, dust, odors, heat or glare shall be generated. The noise standard shall comply with the standards identified under Part 2, Article 2-1, § 300-2.8, Noise abatement, and Part 4, § 300-4.9, Subsection S.

G. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood or generate more than 10 vehicle trips per day.

H. Off-street parking shall meet the standards set forth in Article 2-2, Parking, Loading and Traffic. If additional parking spaces are provided, they shall be located to the rear or side yard of the principal structure but not within the yard setbacks. Off-street parking lots with three or more spaces shall be buffered from abutting residences.

I. The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit or 576 square feet, whichever is more; with the exception of home day-care facilities, which may utilize up to 50% of the dwelling unit in addition to the use of the exterior of the property for state-required play areas.

Permitted home occupations.
The following uses shall be allowed as home occupations as defined in Part 1, Article 1-5, Definitions:

A. Business and professional offices.
B. Personal services.
C. Instructional services.
D. Repair services.
E. Day-care home.
F. Home crafts.
G. Construction services.
H. Office of a contractor or tradesperson.
I. Medial cannabis caregiver.
J. Online retail sales.
K. Roadside stands.

Prohibited home occupations.
A home occupation shall not be interpreted to include the following:

A. Facilities for the repair of motor vehicles.
B. Day-care center.

Additional standards for specific uses.
In addition to the home occupation standards listed above, the home occupation uses listed below shall meet the following requirements:

A. Instructional services. Instructional services involving a maximum of four students at a time are permitted. In the case of musical instruction, no more than two students at a time shall be permitted.

B. Day-care home. Prior to the permit approval of the use by the Code Enforcement Office, the applicant must obtain a license from the State of Maine Department of Child and Family Services.

C. Construction services.

(1) Limited to two of the following: pick-up trucks, vans or box trucks and one trailer parked/stored outside.
(2) No outside storage of materials.
(3) Material storage buildings/space limited to 20% of the size of the total area of the dwelling unit.

D. Repair services. The repair of any small engines or equipment with any type of gas, diesel, oil or nature gas engine is not permitted.
E. Medical cannabis caregivers. See § 300-2.73E or listed on this land use page for detailed information.
F. Roadside stands. See § 300-2.73F or listed on this land use page for detailed information.

Home occupations in Village Home Occupation Overlay District.
Home occupations in the Village Home Occupation Overlay District are allowed the following exceptions to the above requirements:

A. The home occupations, excluding medical cannabis caregivers, shall not utilize more than 50% of the total floor area of the dwelling unit.

B. Medical cannabis caregivers are required to meet the requirements outlined under § 300-2.73E and § 300-2.74.

C. Not more than 10 people outside the family shall be employed in the home occupation.

D. The following uses shall be allowed as home occupations as defined in Part 1, Article 1-5, Definitions:

(1) Retail stores under 500 square feet.

Hospitals (2,000 or more square feet)

Districts Where Allowed Districts where use is Permitted by Right SGXR Districts where use is allowed as a Special Exception SR UR UREXP GVCD LFVCD R MC OR WR

Vehicle Parking:
1 parking space per 3 beds plus 1 per 2 employees per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential purposes and has 2,000 or more square feet of floor area or generates 200 or more vehicle trips during any twenty-four-hour period.

Hospitals (less than 2,000 square feet)

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC OR SGXR WR

Vehicle Parking:
1 parking space per 3 beds plus 1 per 2 employees per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential or commercial purposes, which has less than 2,000 square feet of floor area and generates fewer than 200 vehicle trips during any twenty-four-hour period, except collegiate Greek system residences.

Hotel

A facility offering travelers and other paying guests short-term lodging accommodations to the general public and providing additional services, such as restaurants, entertainment, conference center and recreational facilities.

Districts Where Allowed Districts where use is Permitted by Right OCI ND SGXR

Vehicle Parking:
1 parking space per guest room plus 1 per employee per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
OCI District:
With or without convention halls.

Indoor recreation facility

A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities.

Districts Where Allowed Districts where use is Permitted by Right SGXR

Vehicle Parking:
1 parking space per 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Indoor/Outdoor recreational facilities

INDOOR RECREATION FACILITY
A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities.

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
1 parking space per 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Inn

Single-family or multifamily dwelling or other building converted in its entirety to an establishment for the purpose of accommodating paying guests for a limited duration with sleeping and dining facilities; payable on a per-diem basis; having between 10 sleeping rooms and 25 sleeping rooms, and which may also include public dining for up to seven days a week. The inn shall include a single-family dwelling unit to be occupied by the owner or manager. Additional buildings on the lot that meet space, setback and parking requirements may be used for additional bed-and-breakfast activities. This use is considered a commercial use.

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC MC ND WR Districts where use is allowed as a Special Exception SR UR R OR

Vehicle Parking:
1 parking space per guest room plus 1 per employee per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Keeping of urban farm animals

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Purpose; permitted districts.
The purpose of this Article 2-12 is to provide for the keeping of domestic farm animals and livestock in the Suburban Residential, Urban Residential and Urban Residential Expansion Districts. This use may be allowed as a permitted use in the Urban Residential (UR), Urban Residential Expansion (URExp), and Suburban Residential (SR) Districts, provided that the following standards are met.

Number of farm animals allowed.
When calculating the number of permitted animals on a given lot, the lot area utilized to determine the number of animals allowed for one animal category may not be utilized when calculating the number of permitted animals allowed for a different animal category.

A. Chickens.

(1) Six chickens may be kept on a lot with a lot area less than 20,000 square feet.
(2) Up to 10 chickens may be kept on a lot with a lot area between 20,000 square feet and 40,000 square feet.
(3) Twenty-five chickens may be kept on a lot with a lot area greater than 40,000 square feet.
(4) On lots with a lot area less than six acres no roosters shall be kept.
(5) On lots with a lot area of 40,000 square feet or less, all chickens must be kept in an enclosure or fenced area at all times. This requirement can be met through the use of a mobile enclosure.

B. Small animals and fowl (such as sheep, goats, pot-belly pigs, ducks, that typically weigh not more than 100 pounds at maturity, geese and turkeys, other than domestic pets and chickens).

(1) Up to two animals may be kept on a lot with a lot area of a minimum of 40,000 square feet.
(2) For each additional 20,000 square feet in addition to 40,000 square feet, one additional small animal may be kept.

C. Large animals (such as horses, cows, hogs or llamas that typically weigh more than 100 pounds at maturity).

(1) Up to two animals may be kept on a lot with a lot area of 100,000 square feet.
(2) For each additional 50,000 square feet in addition to 100,000 square feet, one additional large animal may be kept.

Standards.
Structures and pen or pasture fencing erected for the housing of farm animals other than domestic pets must meet the following requirements:

A. Structures shall meet the setback requirements for the zone in which they are located.
B. Structures and pens shall not be located in the front yard.
C. The types of roofing and siding must take into account existing conditions in the neighborhood.
D. Fencing shall be erected to confine the animals to an established area of the property.
E. Structures and pen or pasture fencing shall be constructed and maintained to prevent the escape of the animals and provide appropriate protection from the elements.
F. All structures and pen or pasture fencing shall be of sufficient size to provide adequate and proper housing for those animals kept therein.

Keeping of animals.
Each animal shall be maintained in a good, healthy condition in a manner not causing injury to the health of any animal or the health and safety of any person.

Waste storage and removal.
All animal wastes shall be properly disposed of so as not to jeopardize the public health, safety or welfare, or create detrimental effects on the environment or on neighboring properties and must meet the following requirements:

A. All manure and other waste must be stored in a fully enclosed structure or in covered, airtight containers and must be periodically removed from the property or composted so there is no accumulation of waste material. No more than three cubic yards of manure or waste shall be stored on site.

B. Structures, pens and pastures shall be kept clean and dry, and waste shall be treated and handled in such a manner as to control flies, odor and rodents.

C. Odors from the keeping of farm animals, including but not limited to waste storage, shall not be perceptible at the property boundaries.

Landscape companies, contractors' yards and similar and compatible uses

Districts Where Allowed Districts where use is Permitted by Right R

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
A. The Town's Code Enforcement Officer will determine whether the proposed business use is to be classified as a landscape company, contractor's yard or similar and compatible uses.

B. The proposed use shall be reviewed and approved under Part 4, Site Plan Review.

C. The performance standards contained in Part 2 of the Land Use and Development Code shall be fully observed. In addition to the performance standards of Part 2, uses shall meet the following standards:

(1) Notwithstanding the minimum lot size requirement of § 300-1.44, the proposed uses shall be permitted only on a lot with an area of at least five acres. If the lot contains another principal use, the lot must have at least five acres for the proposed use in addition to the area required for the other principal use(s).

(2) The gross floor area for structures for the use shall be limited to a maximum gross floor area of 1,000 square feet. Any structures shall utilize a New England village character design and shall have a compatible style with the surrounding residential structures.

(3) Vehicular access to the lot on which the use is located shall be from one of the following streets: Ossipee Trail, County Road, Deering Road, Fort Hill Road, Wood Road, Spiller Road, Dow Road, Farrington Road, Mighty Street, Huston Road, Dingley Spring Road, Sebago Lake Road, and North Gorham Road.

(4) Parking associated with the use shall not be located in any required setback. If the structure for the proposed business is located within 100 feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking shall be screened from view from public streets or abutting residential zoned properties through the use of landscaping, fencing or topography and shall also be subject to the requirements of Subsection C(9)(a).

(5) The use shall not produce noise, odors, smoke, dust, heat, glare, fumes or vibrations at the property line of the parcel that exceed the levels produced by typical single-family residential uses.

(6) On-site business operations shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday. These limited hours of operation are waived for snow plow contractors during snow events. No business activities shall be permitted on Sunday.

(7) Signs shall comply with Part 2, Article 2-3, Signs, and shall not be internally illuminated. Signage can only be illuminated during normal business hours.

(8) Outside storage of equipment, materials and/or commercial vehicles may be permitted, provided they are fully screened from public view by fencing and/or a solid screen of landscaping or terrain. Outside storage of equipment and/or materials shall be limited to 5% of the lot area or to a maximum of 10,000 square feet, and such storage shall be done on a gravel pad and shall be screened from public view. When adjacent to a residential use or zone, a 100-foot landscape buffer shall be provided.

(9) The Planning Board or Site Plan Review Committee may reduce the required buffer to 50 feet, provided that the abutting property owner(s) provides the Town signed letters agreeing to the reduced setback. When located adjacent to a commercial use or zone, a fifty-foot buffer shall be provided. Landscape buffers shall conform to the following standards:

(a) No portion of the landscaped buffer shall be used for storage of equipment or inventory, service and loading, parking or any buildings or structures.

(b) A detailed landscaping plan, prepared by a landscape architect, shall be prepared for the landscaped buffer area and submitted as part of site plan review for all lots with a perimeter setback. The landscaped buffer area shall be designed to provide effective visual and auditory buffering from abutting residential properties, create an attractive appearance for the proposed new development and maintain an attractive gateway to Gorham consistent with the goals and objectives of the Town of Gorham Comprehensive Plan. Existing natural features and vegetation or fencing may be incorporated into the plan for the buffer area if they are found to create an effective visual and auditory buffer by the Planning Board or Site Plan Review Committee. All such buffer areas shall be maintained for the life of the proposed business use.

(10) No more than five people may be employed in the business use. There shall be only minimal retail sales or wholesale sales taking place from the premises, and the items for sale shall be directly related to the approved business use.

(11) Service of equipment and/or vehicles shall be limited to minor repairs such as oil changes, fueling and tire changes. No major vehicle repairs (painting, body work, etc.) shall be permitted on site. On-site service of equipment/vehicles shall be limited to those vehicles or equipment associated with the approved business use.

Light industrial uses of 10,000 square feet or less of gross building floor area

The fully enclosed assembly or fabrication of materials, but excluding basic processes such as smelting, refining, distilling, forging, brewing and similar processes involving converting raw materials to a finished or semi-finished product. Light industrial uses shall meet the following criteria:

A. There shall be no exterior storage or assembly of materials or products.
B. There shall be no activity which is defined as a high hazard by the Maine Uniform Building and Energy Code.
C. Noise levels at the property boundary shall not exceed the standards set forth in Part 2, § 300-2.8, of this Land Use and Development Code.
D. No vibrations or odors shall be noticeable at the property line.

Districts Where Allowed Districts where use is Permitted by Right RC ND SGXR

Vehicle Parking:
1 parking space for each 1,000 square feet of floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Light industrial uses of 5,000 square feet or less of gross floor area

The fully enclosed assembly or fabrication of materials, but excluding basic processes such as smelting, refining, distilling, forging, brewing and similar processes involving converting raw materials to a finished or semi-finished product. Light industrial uses shall meet the following criteria:

A. There shall be no exterior storage or assembly of materials or products.
B. There shall be no activity which is defined as a high hazard by the Maine Uniform Building and Energy Code.
C. Noise levels at the property boundary shall not exceed the standards set forth in Part 2, § 300-2.8, of this Land Use and Development Code.
D. No vibrations or odors shall be noticeable at the property line.

Districts Where Allowed Districts where use is Permitted by Right ND SGXR WR

Local retail stores (less than 7,000 square feet)

Includes an enclosed restaurant, cafe, shop, and store for the sale of retail goods, and shall exclude any drive-through service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service, and similar uses.

Districts Where Allowed Districts where use is Permitted by Right LFVCD RC UC

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Individual stores shall not have more than 7,000 square feet of gross floor area.

Manufactured housing units on single-family residential lots

In designated manufactured housing subdistricts.

A mobile home constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with the United States Department of Housing and Urban Development Standards and which meets the following additional standards, or a modular home constructed after January 1, 1984, which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing Act and Regulations and complies with the following additional standards:

A. The unit is constructed with a pitched roof having a pitch of 4 in 12 or greater.

B. The roof is covered with asphalt composition shingles, fiberglass shingles, approved wood shingles or shakes, or similar residential roofing material.

C. The exterior wall surfaces are covered with materials similar to traditional site-built housing units. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles or shakes or similar materials, but shall not include smooth, ribbed or corrugated metal or plastic panels.

D. The minimum horizontal dimension of the unit as installed on the site is 14 feet.

E. The minimum floor area of the unit shall be 750 square feet.

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP R OR

Vehicle Parking:
2 parking spaces per dwelling unit; accessory dwelling units are exempt.
1 parking space per unit for 1-bedroom units, studios and efficiencies.
1 parking space per unit for 2-bedroom units.

Development Requirements:
In designated manufactured housing subdistricts.

The following standards shall apply to the installation of any manufactured housing unit on a residential lot and shall be met prior to the issuance of an occupancy permit for the occupancy of the unit. The Code Enforcement Officer may approve the delay of the landscaping until the growing season for units occupied between November and May.

A. The wheels, axles, detachable transporter unit and tongue shall be removed and the unit shall be placed on a permanent foundation.

B. The foundation shall comply with the requirements of the Maine Uniform Building and Energy Building Code for residential structures. At a minimum, the foundation shall consist of a frost wall extending a minimum of four feet below the finished grade. The frost wall shall be a solid or mortared masonry wall completely surrounding the perimeter of the unit and having a bulkhead, two opening windows and a three-inch concrete floor. The minimum distance between the bottom of the floor joist and the top of the concrete floor shall be at least three feet.

C. The exterior plumbing shall comply with the Maine State Plumbing Code.

D. The exterior electrical connections shall comply with the National Electrical Code.

E. The unit shall be sited on the lot so that the acute angle between an imaginary line running parallel to the short axis of the unit and the front property line of the lot for the chord connecting the two points where the side lot lines meet the front line (if the front property line is curved) is not less than 30°. This requirement shall not apply if the width of the front building face is more than 24 feet. The width of the front building face shall include the width of the manufactured housing unit plus the width of any permanent addition which meets the following criteria:

(1) The addition is of a similar architectural design and constructed of similar materials as the manufactured housing unit.

(2) The addition is permanently attached to the unit to create one integral structure.

(3) Any living space addition to a manufactured housing unit shall be placed on a foundation similar to the original unit. Any addition other than living space shall have frost wall protection.

F. All disturbed areas of the site, not otherwise revegetated, shall be loamed with a minimum of four inches of loam, fertilized and seeded.

G. All exterior doors shall be provided with steps of a suitable design and construction to provide all-season access.

Manufacturing, processing and treatment

Districts Where Allowed Districts where use is Permitted by Right I OCI AI

Vehicle Parking:
1 parking space for each 1,000 square feet of floor area.

Medical cannabis business

A medical cannabis manufacturing facility, a medical cannabis testing facility, and/or a medical cannabis caregiver that operates in a location that is not the caregiver's primary residence, or in the case of a caregiver that is a registered entity, the primary residence of any of the entity's officers or managers. A medical cannabis caregiver business does not include or encompass a medical cannabis caregiver store or a medical cannabis dispensary, neither of which are authorized to operate in Gorham.

Districts Where Allowed Districts where use is Permitted by Right I OCI R

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
When inside an existing agricultural building.

Medical cannabis caregivers

A "registered caregiver," as that term is defined in 22 M.R.S.A. § 2421-A(40), as may be amended or recodified.

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
(1) All growing and related growing supplies are required to be stored inside and within the 20% of the total floor area of the dwelling unit or 576 square feet, whichever is more.

(2) No outside cultivation or storage of cannabis, cannabis products, or related supplies is permitted. There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

(3) The odor generated from cannabis cultivation or harvesting shall not be reasonably detectable from any adjacent lot, public right-of-way, or outside of the grower's lease area. The cannabis cultivation shall provide for adequate ventilation so as to prevent pesticides, insecticides or other chemicals used in the cultivation from being dispersed or released outside the building or lease line.

(4) The medical cannabis caregiver shall obtain a State of Maine conditional license prior to operating in the Town of Gorham.

A. In addition to the home occupation standards in §§ 300-2.69 through 300-2.73 of this article, the home occupation use for medical cannabis caregivers must also meet the following requirements:

(1) Medical cannabis caregivers may only receive or otherwise serve patients, or other vendors, between the hours of 10:00 a.m. and 6:00 p.m., Monday through Friday.

(2) All growing and related growing supplies are required to be stored inside and within 20% of the total floor area of the dwelling unit occupied by the home occupation.

(3) No outside cultivation or storage of cannabis, cannabis products or related supplies is permitted. There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence or within a building or other accessory structure, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

(4) The odor generated from cannabis cultivation or harvesting shall not be reasonably detectable from any adjacent lot, public right-of-way, or outside of the grower's leased area. The cannabis cultivation shall provide for adequate ventilation so as to prevent pesticides, insecticides or other chemicals used in the cultivation from being dispersed or released outside the building or lease line.

(5) The medical cannabis caregiver shall obtain and maintain an active and valid medical cannabis caregiver registration with the State of Maine prior to operating in the Town of Gorham.

(6) The grow plant canopy size shall be capped at a maximum of 500 square feet.

(7) All cultivation areas shall meet all applicable local, state and federal building, electrical and fire codes.

(8) A property owner's written consent to cultivate cannabis is required for growers located on lots/leased areas not owned by them. An owner of a residential structure can prohibit the cultivation of cannabis on their property.

(9) The cultivation areas shall be locked when not being attended to by the grower of the cannabis.

B. The following are prohibited as part of a medical cannabis caregiver home occupation:

(1) The home extraction of cannabis concentrate using hazardous substances.
(2) The manufacturing, testing or retail sale of cannabis or cannabis products intended for adult (and not medical) use.
(3) The establishment or operation of a medical cannabis caregiver retail store, as that term is defined in 22 M.R.S.A. § 2421-A(12).
(4) Any other activity that is not authorized for medical cannabis caregivers under applicable state law in 22 M.R.S.A. § 2423-A(2).

Medical or quick-care facilities

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Districts Where Allowed Districts where use is Permitted by Right MC ND

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area, plus 1 space for each examination, treatment or consultation room.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Mineral extraction

Districts Where Allowed Districts where use is Permitted by Right I R Districts where use is allowed as a Special Exception SR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Mixed-use developments

The development or proposed development of a neighborhood or tract of land with a variety of complementary and integrated uses, each of which is permitted in the underlying zoning district, such as, but not limited to, residential, office, services, manufacturing, retail, public and recreation.

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
A. Performance standards for Gorham and Little Falls Village and Urban Commercial Districts.

(1) The residential density for existing buildings being converted to mixed-use developments constructed prior to 1925 shall be exempt from a base density standard identified under each district's space standards section, provided the below standards In Subsection A(3) through (9) are met.

(2) The residential density for new buildings shall meet the requirements of the zoning district in which the parcel is located or the provisions for mixed-use residential density in the Development Transfer Overlay District.

(3) Ninety percent of the building's first floor shall be utilized for commercial, institutional or land use other than residential or accessory residential space.

(4) Residential dwelling unit minimum sizes. The total floor area of a residential dwelling unit shall meet the following minimum standards:

(a) Studio: 400 square feet.
(b) One bedroom: 550 square feet.
(c) Two bedrooms: 700 square feet.
(d) Three bedrooms: 850 square feet.
(e) Four bedrooms: 1,000 square feet.

(5) Parking requirements. To the greatest extent possible, parking shall be located to the rear of the building. The Planning Board may allow parking to the side of the building, provided that a plan provided by a licensed landscape architect shows the view from the street and abutting properties has been buffered through the use of landscaping, both plants and hardscape features.

(6) Developments shall be served by public water and sewer.

(7) The development shall meet all applicable sections of underlying zoning standards outlined under Part 1, Zoning Regulations, Part 2, General Standards of Performance, Part 3, Subdivision, and Part 4, Site Plan Review.

(8) Mixed-use developments are exempt from Article 2-4, § 300-2.28, Performance standards for multifamily housing.

(9) The scale of the development shall be compatible with the development pattern of the area and the desired future form of the area as outlined in the Town's Comprehensive Plan.

Mobile vending units

A vehicle, trailer, van, pushcart or portable structure which is temporarily located on private property for the purpose of operating a retail business or service business and removed from the site every day, but which does not include such structures temporarily located on any particular private property for such purposes for less than one-half hour. It shall not include such uses as construction offices during the duration of a building project or sales as part of an approved farmers' market, fair or similar event.

Districts Where Allowed Districts where use is Permitted by Right I RC AI ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Development Requirements:
Performance standards.
Mobile vending units shall conform to the following requirements:

A. Mobile vending units shall be licensed by the Maine Department of Health and Human Services (DHHS) and operate in compliance with all applicable DHHS regulations relating to eating and lodging places, as may be amended from time to time.

B. Mobile vending units shall comply with all applicable provisions of Chapter 146, Food Establishments, of the Town Code, as it may be amended from time to time.

Exemptions.
A. Mobile vending units at Town-sponsored events are not subject to the requirements under this article but are required to have a victualers' license.

B. Mobile vending units at agritourism activities are allowed and activities meeting the standards outlined under Part 1, Article 1-8, Rural District, § 300-1.46.1, Performance standards for agritourism activity.

C. Any property may have mobile vending units, subject to the following requirements:

(1) The mobile vending units must meet the requirements of this article.
(2) Each property is limited to a one-day exemption per calendar year.

Drive-through service prohibited.
Drive through services are prohibited from mobile vending units.

Overlay district.
See § 300-2.79: Overlay district for information on what zoning districts this use is allowed in.

Motel

A building or group of detached or connected buildings designed or intended or used primarily for the providing of sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motel lodge shall be deemed to be a motel.

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
1 parking space per guest room plus 1 per employee per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Multifamily housing

A building arranged, intended or designed to be designed to be occupied by three or more families living in independent dwelling units.

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC OR SGXR

Vehicle Parking:
2.5 parking spaces per 3-bedroom or larger units, plus 1 additional visitor's parking space for every 6 dwelling units or fraction thereof.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Except collegiate Greek system residences.

A. Suburban Residential and Rural District. The construction of any new multifamily dwelling or the conversion of an existing single-family or two-family dwelling into a multifamily dwelling in the Suburban Residential District and the Rural District shall be done in accordance with the following standards:

(1) Multifamily dwellings in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas.

(2) For new construction, utilities shall be placed underground in accordance with Article 2-10, § 300-2.47, Provision of underground utilities.

(3) All required yard area shall be retained as open, landscaped areas which are not occupied by buildings, structures, parking lots, storage or similar uses. Access roads or drives and sidewalks may be located to allow vehicular and pedestrian traffic to cross yard areas.

(4) A buffer shall be established between the multifamily housing and any abutting single-family or two-family dwellings. The buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. The buffering shall consist of landscaping, fencing, grading, or a combination of features.

(5) All private access roads shall be located within a fifty-foot dedicated right-of-way. No off-street parking shall be located within this right-of-way.

(6) The developer shall provide a minimum of 1,000 cubic feet of private, lockable storage for personal property for each dwelling unit. This space may be part of the dwelling unit or at a separate location or building.

(7) The developer shall provide a minimum of 250 square feet of private outdoor space for each dwelling unit.

(8) The developer shall provide a minimum of 250 square feet of common outdoor space for each dwelling unit, which shall be developed with appropriate recreation facilities.

(9) All roads that will be dedicated to the Town for public use shall meet the standards for public roads contained in Article 2-5, Minimum Standards for Design and Construction of Streets and Ways. All private roads, drives or accessways shall also meet the standards for private roads contained in Article 2-5.

(10) All off-street parking and lighting must be adequately screened from view of public ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four feet high.

(11) The number of dwelling units permitted on the site shall be determined by dividing the net residential acreage by the minimum lot area required per dwelling unit.

B. Urban Residential, Village Center Districts, Urban Commercial, Mosher Corner Mixed-Use District, Office-Residential, Urban Residential Expansion District and Narragansett Mixed-Use District. Multi-use buildings are exempt from the requirement of this section. The construction of any new multifamily dwelling or the conversion of an existing single-family or two-family dwelling into a multifamily dwelling in the following growth districts shall be done in accordance with the following standards:

(1) Multifamily dwellings in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, design and use of exterior building materials, the relationship of buildings to the street and the use and treatment of front yard areas. Multifamily dwellings may request a waiver should the structures be located so that they are not visible to the existing neighborhood. The developer shall include a licensed landscape architect in the overall design team.

(2) The maximum number of dwelling units permitted on the site shall be determined by multiplying the gross acreage of the area proposed to be subdivided by 65% to allow for access and unusable land and then dividing the resulting net area by the minimum lot area per dwelling unit.

(3) Developments shall comply with any applicable maximum floor area and/or maximum imperious coverage ratios identified in the underlying zoning district.

(4) Streetscape along public streets. Development adjacent to public streets shall contain the following:

(a) Canopy trees shall be deciduous, shade or evergreen trees planted at three inches to 3 1/2 inches in caliper with a mature height of at least 35 feet. Understory trees shall be deciduous shade, fruit or evergreen trees planted at two inches to 2 1/2 inches in caliper with a mature height of at least 12 feet.

(b) Street furniture such as benches, trash bins and bike racks.

(c) Pedestrian lighting.

(5) All developments are required to have underground utilities, public sewer and water meeting the requirements of the Portland Water District.

(a) The Planning Board may grant a waiver for the requirement of the extension of public sewer if the lot is located greater than 400 feet from the nearest connection to a public sanitary sewer and the connection to the public sanitary sewer would cause an undue hardship to the developer, as determined by the Planning Board.

(b) The Planning Board may grant a waiver for the requirement of the extension of public water if the lot is located greater than 600 feet from the nearest connection to public water and the proposal meets the determination of unreasonable costs under Article 2-10, § 300-2.48: Provision of public water supply, Provision of public water supply, Subsection § 300-2.48E, Exemption from public water supply requirements.

(6) A buffer shall be established between the multifamily housing and any abutting single-family or two-family dwellings. The buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas. The buffering shall consist of landscaping, fencing, grading, or a combination of features.

(a) A developer is required to submit a detailed plan and specifications by a professional designer for landscaping and screening which will afford a degree of buffering and screening to meet the standard.

(b) Screening of refuse facilities. Uses within the development shall provide secure, safe and sanitary facilities for the storage and pickup of refuse. Such facilities shall be convenient to collection and shall be appropriate to the type and size of the use being served. All refuse storage facilities shall be screened by a solid wall, fence, tight evergreen hedge, or combination of the above. Such screening shall be of sufficient height and design to effectively screen the facility from the view from adjacent residential uses and streets and from adjacent properties.

(c) Maintenance of landscaping. All required landscaping and screening shall be maintained or replanted by the owner of the parcel(s) as necessary so as to continue its effectiveness.

(7) Sidewalks within the development are required to allow pedestrian connections to structures, amenities and/or prominent natural features within the development and the existing sidewalk network.

(8) Driveways, private ways and public streets shall be designed to effectively and safely handle the anticipated traffic volumes proposed for the development both on and off the site.

(a) Entrances shall be combined to the maximum extent possible.

(b) For lots with frontage on both a public street and another street the access drives shall be located off the street of lower classification unless the Planning Board finds that no safe alternative exists.

(c) All roads that will be dedicated to the Town for public use shall meet the standards for public roads contained in Article 2-5, Minimum Standards for Design and Construction of Streets and Ways.

(d) All private roads, drives or accessways shall also meet the standards for private roads contained in Article 2-5, Minimum Standards for Design and Construction of Streets and Ways.

(9) All off-street parking and lighting must be adequately screened from view of public ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four feet high.

(a) In districts that allow parking to the front of the building, the parking lots between the front wall of any building and the street shall be limited to one row of parking spaces, the access driveway, and walkway into the buildings.

(b) All other parking shall be located to the side and rear of the building.

ND District:
Multifamily housing as part of a mixed-use development.

Multifamily housing as part of a mixed-use development

A building arranged, intended or designed to be designed to be occupied by three or more families living in independent dwelling units.

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
2.5 parking spaces per 3-bedroom or larger units, plus 1 additional visitor's parking space for every 6 dwelling units or fraction thereof.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
See § 300-2.30: Mixed-use developments for detailed information.

Municipal and governmental uses

Districts Where Allowed Districts where use is Permitted by Right I OCI AI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Municipal buildings or uses

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC OR SGXR WR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Municipally owned parks and playgrounds

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP R OR

Vehicle Parking:
1 parking space per 250 square feet of gross floor area.

Nursery schools

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Nursery schools (more than 2,000 square feet)

Districts Where Allowed Districts where use is allowed as a Special Exception ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Nursing home, home for the aged

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP OR WR

Vehicle Parking:
1 parking space per 3 beds plus 1 parking space per 2 employees per shift.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Office buildings with over 10,000 square feet of gross floor area

Districts Where Allowed Districts where use is Permitted by Right OCI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Office of contractor or tradesperson

The principal place of business for a contractor or tradesperson where administrative, marketing and financial operations occur. No storage of materials or equipment shall occur on site as part of the use

Districts Where Allowed Districts where use is Permitted by Right I OCI GVCD LFVCD RC UC AI MC ND OR SGXR WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Offices for executives, administrative and data processing activities

Districts Where Allowed Districts where use is Permitted by Right MC ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

One- or two-family dwellings

DWELLING
A building designed or used as the living quarters for one or more families. The term shall not be deemed to include a hotel, motel, rooming house, mobile home, manufactured housing unit or trailer, but shall include a modular housing unit consisting of two or more units of which neither unit is a complete dwelling unit and which is constructed in accordance with the Maine Uniform Building and Energy Code.

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC OR

Vehicle Parking:
2 parking spaces per dwelling unit; accessory dwelling units are exempt.
1 parking space per unit for 1-bedroom units, studios and efficiencies.
1 parking space per unit for 2-bedroom units.

Development Requirements:
Exclusive of mobile homes and exclusive of trailers.

Other institutions of education, religious, philanthropic, fraternal organization or social nature (2,000 square feet or more)

Districts Where Allowed Districts where use is Permitted by Right SGXR Districts where use is allowed as a Special Exception SR UR UREXP GVCD LFVCD R MC ND OR WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential purposes and has 2,000 or more square feet of floor area or generates 200 or more vehicle trips during any twenty-four-hour period.

Other institutions of educational, religious, philanthropic, fraternal organization, or social nature (less than 2,000 square feet)

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC ND OR SGXR WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential or commercial purposes, which has less than 2,000 square feet of floor area and generates fewer than 200 vehicle trips during any twenty-four-hour period, except collegiate Greek system residences.

Outdoor dining

A dining area with seats and/or table(s) located outside of a restaurant, which is either:

A. Located entirely outside of the walls of the building of the subject business; or
B. Enclosed on two sides or fewer by the walls of the building with or without a solid roof cover; or
C. Enclosed on three sides by the walls of the building without a solid roof cover.

Parks or playgrounds

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC AI MC WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Permanent housing for agricultural workers as part of a farm

Districts Where Allowed Districts where use is Permitted by Right R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Personal services (2,000 square feet or less)

Includes barber, hairdresser, beauty parlor, shoe repair, shoe shine, laundry, laundromat, dry cleaner, photographic studio, and businesses providing similar services of a personal nature.

Districts Where Allowed Districts where use is Permitted by Right ND OR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
ND District:
Only permitted as part of a mixed-use development:

Personal, business and repair services

PERSONAL SERVICES
Includes barber, hairdresser, beauty parlor, shoe repair, shoe shine, laundry, laundromat, dry cleaner, photographic studio, and businesses providing similar services of a personal nature.

REPAIR SERVICES
Businesses providing for the repair of personal and business property such as radios and televisions; electrical and electronic equipment; watches, clocks and jewelry; furniture and upholstery; musical instruments, sporting equipment; small engines and equipment; and similar items, but not including the repair of motor vehicles, boats, recreational vehicles or heavy equipment. Retail sales of parts and supplies shall be allowed, provided such sales are accessory to the repair service.

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC MC SGXR WR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Repair services. The repair of any small engines or equipment with any type of gas, diesel, oil or nature gas engine is not permitted.

Piggery or the raising of poultry

A building or portion thereof, or an enclosure designed for the keeping of pigs.

Districts Where Allowed Districts where use is Permitted by Right R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Places of public assembly

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC MC SGXR

Vehicle Parking:
1 parking space for every 5 occupants of capacity in the structure.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Including indoor theater.

Places of public assembly (more than 2,000 square feet)

Districts Where Allowed Districts where use is allowed as a Special Exception MC

Vehicle Parking:
1 parking space for every 5 occupants of capacity in the structure.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Including indoor theaters.

Printing, engraving, bookbinding and other similar services

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Production, fabrication, processing, assembling, packing, storing and distribution

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
1 parking space for each 1,000 square feet of floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Production, fabrication, processing, assembling, packing, storing and distribution of:

(a) Precision electrical or precision mechanical equipment.
(b) Optical goods, business machines, precision instruments, surgical and dental instruments.
(c) Pharmaceutical, toiletry and cosmetics.
(d) Any other use of the same general character as any of the uses listed above.

Public and private utility facilities

Districts Where Allowed Districts where use is Permitted by Right SR R MC

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Including substations, pumping stations and treatment facilities, but excluding business offices.

Public utility facilities

PUBLIC SEWER; PUBLIC WATER
A common sewer controlled by a public, governmental authority. A common water service controlled by a public, governmental authority.

Districts Where Allowed Districts where use is Permitted by Right I OCI UR UREXP GVCD LFVCD RC UC AI OR SGXR WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
R, RC, I, UREXP, SGXR and WR Districts:
Including substations, pumping stations and sewage treatment facilities.

LFVCD and SGXR Districts:
Including substations, pumping stations and exchange buildings.

Recreational vehicles sales and service

Districts Where Allowed Districts where use is Permitted by Right WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Repair services

Businesses providing for the repair of personal and business property such as radios and televisions; electrical and electronic equipment; watches, clocks and jewelry; furniture and upholstery; musical instruments, sporting equipment; small engines and equipment; and similar items, but not including the repair of motor vehicles, boats, recreational vehicles or heavy equipment. Retail sales of parts and supplies shall be allowed, provided such sales are accessory to the repair service.

Districts Where Allowed Districts where use is Permitted by Right SGXR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Repair services which are exclusively located indoors

Businesses providing for the repair of personal and business property such as radios and televisions; electrical and electronic equipment; watches, clocks and jewelry; furniture and upholstery; musical instruments, sporting equipment; small engines and equipment; and similar items, but not including the repair of motor vehicles, boats, recreational vehicles or heavy equipment. Retail sales of parts and supplies shall be allowed, provided such sales are accessory to the repair service.

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Research and development laboratories which are exclusively located indoors

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Research facilities

Districts Where Allowed Districts where use is Permitted by Right I OCI AI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Residential dwelling units part of a mixed-use development

Districts Where Allowed Districts where use is Permitted by Right GVCD LFVCD RC UC WR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
See § 300-2.30: Mixed-use developments for detailed information.

Residential uses on the upper floors with commercial uses located on the first floor

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
ND District:
As part of a mixed use development.

Retail businesses and service establishments

RETAIL STORE
Includes an enclosed restaurant, cafe, shop, and store for the sale of retail goods, and shall exclude any drive-through service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service, and similar uses.

Districts Where Allowed Districts where use is Permitted by Right RC UC MC SGXR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Retail sales having a gross floor area of less than 4,000 square feet

Includes an enclosed restaurant, cafe, shop, and store for the sale of retail goods, and shall exclude any drive-through service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service, and similar uses.

Districts Where Allowed Districts where use is Permitted by Right OR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Retail stores having a gross floor area of less than 2,500 square feet

©

Includes an enclosed restaurant, cafe, shop, and store for the sale of retail goods, and shall exclude any drive-through service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service, and similar uses.

Districts Where Allowed Districts where use is Permitted by Right WR

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Retail stores having less than 7,000 square feet of floor area on any floor

Includes an enclosed restaurant, cafe, shop, and store for the sale of retail goods, and shall exclude any drive-through service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service, and similar uses.

Districts Where Allowed Districts where use is Permitted by Right GVCD UC ND

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
ND District:
Only permitted as part of a mixed-use development.

Retail stores less than 12,000 square feet

Includes an enclosed restaurant, cafe, shop, and store for the sale of retail goods, and shall exclude any drive-through service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service, and similar uses.

Districts Where Allowed Districts where use is Permitted by Right AI

Vehicle Parking:
1 parking space for each 250 square feet of gross floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Reuse of an existing agricultural building for nonresidential use

©

Districts Where Allowed Districts where use is Permitted by Right SR R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
That meets the performance standards of § 300-1.39.

Road and rail distribution facilities

Districts Where Allowed Districts where use is Permitted by Right I AI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Road distribution facilities

Districts Where Allowed Districts where use is Permitted by Right OCI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Roadside stands

A building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs or plants. In addition, it may involve the accessory sales of other unprocessed foodstuffs, home-processed food products such as jams, jellies, pickles, sauces or baked goods and homemade handicrafts. The floor area devoted to the sales of these accessory items shall not exceed 50% of the total sales area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold at a roadside stand.

Districts Where Allowed Districts where use is Permitted by Right SR R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
(1) In zoning districts that have a greater than 25-foot front setback, the roadside stand only needs to meet a 25-foot setback. In these circumstances the structure shall only be allowed to the minimum size necessary for a roadside stand use. The roadside stand must meet the character of the neighborhood both in size, layout and building design.

(2) Should the roadside stand use cease operation for more than a year and is utilizing the reduced front setback, the roadside stand structure will be required to be relocated to meet the front setback as outlined in the zoning district in which the lot is located.

Rooming house

Any dwelling in which more than three persons, whether individually or as families, are housed for compensation with or without meals. This shall be deemed to exclude collegiate Greek system residences.

Districts Where Allowed Districts where use is Permitted by Right UR UREXP GVCD LFVCD RC UC MC OR WR

Vehicle Parking:
1 parking space for each sleeping room.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Except collegiate Greek system residences.

Rural entrepreneurial use

A small, low-impact nonresidential use that meets the performance standards for a rural entrepreneurial use for the district in which it is located.

Districts Where Allowed Districts where use is Permitted by Right SR R

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
A. The performance standards contained in Part 2 of this Land Use and Development Code shall be fully observed.

B. Rural entrepreneurial uses, including the reuse of existing agricultural buildings. In addition to the performance standards of Part 2, any rural entrepreneurial use or the reuse of an existing agricultural building for a nonresidential use shall meet the following standards:

(1) Notwithstanding the minimum lot size requirement of § 300-1.38, a rural entrepreneurial use or the reuse of an existing agricultural building shall be permitted only on a lot with an area of at least three acres. If the lot contains another principal use(s), the lot must have at least three acres for the rural entrepreneurial use or reuse of an existing agricultural building in addition to the area required for the other principal use(s).

(2) The total floor area for all buildings and structures used as part of the rural entrepreneurial use(s), but not including any part of a basement that is used only for storage or mechanical uses, shall be not more than 1% of the area of the lot on which it is located or 5,000 square feet, whichever is less. The 5,000 square foot limitation shall not apply to the reuse of an existing agricultural building, provided the total floor area for all buildings and structures used for such reuse, excluding any part of a basement that is used only for storage or mechanical uses, shall not be more than 1% of the area of the lot on which it is located.

(3) Vehicular access to the lot on which the use is located shall be from a public street that is classified by the Town as an arterial street, collector street, industrial or commercial street, or service road. In addition, the reuse of an existing agricultural building may get its vehicular access from a subcollector if the lot on which it will be located is at least five acres in area.

(4) The total number of peak-hour trip ends generated by the use based upon the ITE Trip Generation Manual shall not exceed one trip end per 200 square feet of gross floor area occupied by the nonresidential use.

(5) The use of the building shall be limited to low-impact nonresidential activities such as, but not limited to, personal, business and repair services, business and professional offices, light industrial uses, research facilities, and warehousing and storage, and shall not involve the retail sale of goods except as accessory to another principal use. Any use that is listed as a special exception in the Suburban Residential District shall not be allowed as a rural entrepreneurial use or the reuse of an existing agricultural building and shall be allowed only with approval of a special exception for that use.

(6) The nonresidential activity shall occur completely within the building and there shall be no outside storage of materials, equipment or products; except nonresidential activities stated in the standard in Subsection B(12). No equipment or machinery associated with the use other than normal heating and ventilation units shall be located or operated outside of the building.

(7) The reuse of an existing agricultural building shall maintain the architectural character of the existing building, and changes to the exterior of the structure shall be limited to minor changes and/or additions needed to provide access or light or to comply with code requirements. The design of any new, expanded or reused building other than an existing agricultural building shall be residential or rural/agricultural in character with a pitched roof with a minimum roof pitch of 5:12. Exterior materials shall be similar to those used on existing residential or agricultural buildings in the district.

(8) Parking associated with the use shall not be located in any required setback. If the building is located within 100 feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking shall be screened from view from public streets or abutting properties in residential use through landscaping, fencing or topography.

(9) The use shall not produce noise, odors, fumes, vibrations, lighting or electrical interference at the boundaries of the parcel that exceeds the levels produced by typical single-family residential uses.

(10) The hours of operation of the use shall be compatible with surrounding uses and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.

(11) Notwithstanding the provisions of Part 2, Article 2-3, Signs, the nonresidential activity may have one nonilluminated, double-sided sign with an area of not more than 24 square feet per side. If there is more than one business entity occupying the building, there shall be a single, nonilluminated, double-sided sign with an area of not more than 48 square feet per side for all of the businesses.

(12) The nonresidential activity not occurring completely within the building will be compatible with the surrounding uses as determined through the application of standards in Subsection B(1) through (11) and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.

Sawmill

Districts Where Allowed Districts where use is Permitted by Right R Districts where use is allowed as a Special Exception SR

Vehicle Parking:
1 parking space for each 1,000 square feet of floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Schools (2,000 or more square feet)

Districts Where Allowed Districts where use is Permitted by Right SGXR Districts where use is allowed as a Special Exception SR UR UREXP GVCD LFVCD R MC ND OR WR

Vehicle Parking:
1 parking space for each employee and staff.
1 parking space per 3 students based on the maximum number of students attending the school at any period in the day.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential purposes and has 2,000 or more square feet of floor area or generates 200 or more vehicle trips during any twenty-four-hour period.

Schools (less than 2,000 square feet)

Districts Where Allowed Districts where use is Permitted by Right SR UR UREXP GVCD LFVCD R RC UC MC ND OR SGXR

Vehicle Parking:
1 parking space for each employee and staff; 1 parking space per 3 students based on the maximum number of students attending the school at any period in the day.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Which is not used for residential or commercial purposes, which has less than 2,000 square feet of floor area and generates fewer than 200 vehicle trips during any twenty-four-hour period, except collegiate Greek system residences.

Self-service storage facility

A structure containing separate, individual, and private storage spaces of varying sizes leased or rented to individuals for varying periods of time. Outdoor storage shall not be considered an accessory use to this permitted use.

Districts Where Allowed Districts where use is Permitted by Right RC

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Service establishments

Districts Where Allowed Districts where use is Permitted by Right MC

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Shopping centers

Districts Where Allowed Districts where use is Permitted by Right MC

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
ND District:
Only permitted as part of a mixed-use development:

Shopping centers with individual stores having less than 7,000 square feet of gross floor area.

Shopping centers with individual stores having less than 7,000 square feet of gross floor area

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Telephone exchange, without business office

Districts Where Allowed Districts where use is Permitted by Right UR OR

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Use and buildings that are accessory to permitted uses in the ND District.

ACCESSORY USE
A use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Use and buildings that are accessory to the permitted uses in § 300-1.83A(1) through § 300-1.83A(16), including caretaker units and parking lots.

Used car lot

Districts Where Allowed Districts where use is Permitted by Right RC

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Utility substations

Districts Where Allowed Districts where use is Permitted by Right ND

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Veterinary clinics, exclusive of kennels or boarding facilities

Districts Where Allowed Districts where use is allowed as a Special Exception SR

Vehicle Parking:
1 parking space for every 5 dogs boarded.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Warehousing and outdoor storage

WAREHOUSING FACILITIES
A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or a group of establishments in a particular industrial or economic field. Warehousing may be for long-term or short-term storage.

Districts Where Allowed Districts where use is Permitted by Right I OCI AI

Vehicle Parking:
1 parking space for each 1,000 square feet of floor area.

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Wholesale businesses and wholesale business establishments

Districts Where Allowed Districts where use is Permitted by Right I OCI AI

Vehicle Parking:
For information on parking requirements, see § 300-2.10: Off-street parking standards .

Merchandise Loading:
For information on off-street loading regulations, see § 300-2.11: Off-street loading standards .

Development Requirements:
Excluding junkyards.

Wind energy systems (roof-mounted)

See § 300-2.61: Definitions for a list of terms associated with wind energy systems.

Districts Where Allowed Districts where use is Permitted by Right I OCI SR UR UREXP GVCD LFVCD R RC SGCC UC AI MC ND OR SGXR WR

Development Requirements:
Roof-mounted, building-integrated, building-mounted or architectural wind systems shall be permitted in all zones subject to all applicable federal, state and local laws and regulations, and shall be permitted to have a maximum height of 15 feet above the maximum allowed building height in the zones, as defined in the Town of Gorham Land Use and Development Code.

See Article 2-13: Wind Energy Systems for more detailed information.

Wind energy systems (Type 1)

A wind energy system having a maximum generating capacity of 100 kw.

See also § 300-2.61: Definitions for more terms associated with wind energy systems.

Districts Where Allowed Districts where use is Permitted by Right I OCI SR UR UREXP GVCD LFVCD R RC SGCC UC AI MC ND OR SGXR WR

Development Requirements:

Permitted uses.
Type 1 wind energy systems are considered accessory uses and structures and are permitted uses on any lot that is a minimum of two acres in size in all zones in the Town of Gorham. The two-acre requirement may be satisfied through a combination of lot size and a permanent easement from an abutting landowner.

Nonconformance exception.
Wind energy systems that are constructed and installed in accordance with the provisions of this article shall not be deemed to constitute an expansion of a nonconforming use or structure.

Performance standards.
Wind energy systems shall be permitted in appropriate zoning districts, subject to the following requirements:

A. Height.

(1) The maximum turbine height shall be 100 feet for Type 1 wind energy systems in the Little Falls Village Center, Gorham Village Center, Urban Residential and Office Residential Zones. There are no other height restrictions in other zones, provided the wind energy system meets the setback requirements in Subsection B and all other federal and state regulations.
(2) The applicant shall provide evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the wind energy system.

B. Setbacks.

(1) The towers for a wind energy system shall be set back a distance equal to 1.5 times the maximum turbine height, measured from the center of the base of the tower to the following:

(a) All property lines, unless appropriate easements are secured from adjacent property owners.
(b) All inhabited or inhabitable residential structures, other than those owned or inhabited by the owner.
(c) All overhead public utility and telephone lines, unless written permission is granted by the affected utility or telephone company.
(d) Public and private road rights-of-way, unless written permission is granted by the owner(s) with jurisdiction over said right-of-way(s).
(e) Other rights-of way, including railroads, utility corridors, etc.
(f) Telecommunications towers and water towers.

(2) The tower of any wind energy system's wind tower shall be set back from the tower of any other energy systems' wind towers a distance equal to 1.5 times the rotor diameter.

(3) In no case shall wind energy systems be permitted within the front, side or rear setback of any property.

(4) Guy cables for wind energy systems shall be set back at least 10 feet to any property line, unless appropriate easements are secured from adjacent property owners. Guy cables must have guy guards/markers with a minimum height of eight feet as measured along the guy.

C. Access and safety.

(1) The minimum distance between the ground and any part of the rotor blade shall be 15 feet.
(2) The tower's climbing apparatus shall be no lower than 15 feet from the ground.
(3) All access doors to wind energy system towers and electrical equipment shall be clearly labeled as such and shall be locked except during maintenance.

D. Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.

E. Electrical. Electrical controls and control wiring shall be wireless or underground except where necessary to connect the wind energy system to the transmission or distribution network, adjacent to that network, and shall comply with the latest adopted versions of the NFPA 70 (NEC).

F. Design and aesthetics.

(1) Wind energy system towers shall be monopole (freestanding or guyed), unless the Site Plan Review Committee finds that the proposed lattice tower(s) will be significantly screened by existing trees from view of abutting property owners and public rights-of-way.

(2) Wind turbines and towers shall have a color or finish that is nonreflective and unobtrusive (galvanized steel, brushed aluminum or white) as was originally applied by the manufacturer, unless otherwise required by the Federal Aviation Administration or another governmental agency.

(3) At wind energy system sites, the design of buildings and related structures shall use materials, colors, screening and landscaping that will blend the wind energy system to the natural setting and existing environment and structures that are consistent with Subsection I.

(4) Wind energy systems shall not be used for displaying any advertising or signs, except for the reasonable identification of the manufacturer of the small wind energy system that may be placed on the nacelle (cover of the electrical generator) of the small wind energy system or an unobtrusive nameplate.

G. Noise. The operation of all energy wind systems shall comply with Part 2, Article 2-1, § 300-2.8, Noise abatement, of the Land Use and Development Code and include compliance with tonal sounds as described below.

(1) Tonal sound. A tonal sound exists if, at the property boundary of the proposed WES, including easements as applicable, the one-third octave band sound pressure level in the band containing the tonal sound exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands by five dB for center frequencies at or between 500 Hz and 10,000 Hz, by 8 dB for center frequencies at or between 160 Hz and 400 Hz, and by 15 dB for center frequencies at or between 25 Hz and 125 Hz.

(2) If one or more of the sounds of routine operation of the development are found to be tonal sounds, five dBA shall be added to the measured hourly L_Aeq.

(3) The resultant adjusted A-weighted hourly equivalent sound levels shall not exceed the sound level limit (dBA) permitted in the district established by Table 4.9-1 in Part 4, § 300-4.9S, Noise, of the Land Use and Development Code.

(4) The applicant is responsible for providing sufficient evidence that the proposed wind energy system will comply with the noise standards of this section.

H. A manual and automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

I. Code compliance. A wind energy system shall comply with all applicable federal, state, and local building and electrical codes.

J. Utility notification and connection. Wind energy systems that connect to the electric utility shall comply with Title 35-A M.R.S.A. and Public Utility Commission Rule 313, Consumer Net Energy Billing (65-407 Code of Maine Rules Chapter 313).

See Article 2-13: Wind Energy Systems for more detailed information.

Wind energy systems (Type 2)

A wind energy system generating more than 100 kw which does not require a state permit issued by the Maine Department of Environmental Protection.

See also § 300-2.61: Definitions for more terms associated with wind energy systems.

Districts Where Allowed Districts where use is Permitted by Right R

Development Requirements:
Type 2 wind energy systems are a permitted use in the Rural Zone.

See Article 2-13: Wind Energy Systems for more detailed information.

Wind energy systems (Type 3)

A wind energy system generating more than 100 kw which requires a state permit issued by the Maine Department of Environmental Protection.

See also § 300-2.61: Definitions for more terms associated with wind energy systems.

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