[Amended 11-22-2016; 11-14-2017; 9-4-2018; 8-4-2020; 1-5-2021; 4-6-2021; 4-5-2022; 1-3-2023 by Ord. No. 23-05; 9-5-2023 by Ord. No. 23-130; 1-2-2024 by Ord. No. 24-1; 5-7-2024 by Ord. No. 24-62; 7-2-2024 by Ord. No. 24-97; 8-5-2025 by Ord. No. 25-82; 10-7-2025 by Ord. No. 25-108; 2-3-2026 by Order No. 26-11]
Except where specifically defined herein, all words used in this Land Use and Development Code shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is always mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."
For the purposes of any regulations regarding wells only, any well or borehole of such condition as to be of no possible further use. A properly capped dry well at the time of drilling may not be considered abandoned.
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.
A subordinate building or a portion of the main building, the use of which is incidental to that of the main or principal building.
A use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or 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.
A "products manufacturing facility," as that term is defined in 28-B M.R.S.A. § 102-A(51), as may be amended or recodified.
An adult-use "testing facility," as that term is defined in 28-B M.R.S.A. § 102-A(64), as may be amended or recodified.
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
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.
For purposes of this definition, "housing costs" include, but are not limited to:
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
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.
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.
The science, art or practice of cultivating the soil, producing crops and raising livestock and in varying degrees the preparation and marketing of the resulting products.
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.
A motor-driven, off-road, recreational vehicle capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, a multi-track, multi-wheel or low-pressure tire vehicle; a motorcycle or related two-wheel, three-wheel, or belt-driven vehicle; an amphibious machine or other means of transportation deriving motive power from a source other than muscle or wind. For purposes of this Land Use and Development Code, "all-terrain vehicle" does not include a snowmobile, a construction or logging vehicle used in the performance of its common function; a farm vehicle used for farming purposes; or a vehicle used exclusively for emergency, military, law enforcement or fire control purposes.
A building arranged, intended or designed to be occupied by three or more families living in independent dwelling units.
The midpoint of a region's income distribution calculated on an annual basis by the U.S. Department of Housing and Urban Development.
The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in this Land Use and Development Code.
All-terrain vehicle.
A business facility designed for the storage, repair or disassembly of severely damaged automotive vehicles for resale in their entirety or as spare parts, or rebuilding, restoration or crushing.
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.
The maximum number of units allowed on a lot not used for affordable housing based on dimensional requirements contained within this Land Use and Development Code.
The flood having a 1% chance of being equaled or exceeded in any given year, commonly called the "100-year flood."
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.
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.
Public dining for up to seven days per week is allowed as an accessory use for a bed-and-breakfast establishment.
A structure, either freestanding or attached to a building, the surface of which is available for hire for advertising purposes.
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattel. Each portion of a building, separated from other portions by a fire wall, shall be considered as a separate structure.
The total area of the ground surface enclosed within the downward projection of the exterior walls of a building or the vertical planes created by the exterior surface of the vertical support members of a building or portion of a building without exterior walls.
The primary building on a lot or a building that shelters or encloses the principal use on a lot.
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:
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.
A parcel of land upon which one or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.
Any tent, trailer, cabin, lean-to, recreation vehicle or similar structure established in a campground as temporary living quarters for recreational, education or vacation purposes.
An accessory dwelling unit that is incorporated into, and is part of, a nonresidential use and is occupied by an owner or an employee of the business occupying the principal use, and having a gross floor area of less than 2,000 square feet.
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.
As defined under 30-A M.R.S.A. § 4451, a person employed by a municipality to enforce all enabling state laws and local ordinances in the following areas: shoreland zoning, land use regulation, internal plumbing, subsurface wastewater disposal, and building standards.
Any building or structure, and the use thereof, traditionally affiliated with a college or university, regardless of whether any such affiliation is currently recognized formally or not, providing common living, dining, kitchen, study and/or sleeping areas for college or university students as members of the collegiate Greek system affiliate, and their guests. The term shall not be deemed to include fraternal organizations, such as the Masons or the Elks.
A facility in which food is processed or otherwise prepared for eventual human or animal consumption but not consumed on the premises.
Private recreation facilities such as miniature golf courses, swim recreation clubs, tennis clubs, driving ranges and similar facilities.
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.
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions under a declaration, or an amendment to a declaration, duly recorded pursuant to the Maine Condominium Act (33 M.R.S.A. §§ 1601-101 through 1604-118), as may be amended from time to time. Real estate is not a condominium unless the undivided interest in the common elements is vested in the unit owners. Any real estate development consisting exclusively of clustered, detached, single-family residences is not a condominium, unless so designated in the declaration.
A facility designed with multiple rooms or buildings for the use of conferences, seminars, weddings, family gatherings, parties, and like or similar events.
The business for members of the building trades. This includes, but is not limited to, plumbing, painting, carpentry, masonry or electrical installation.
In districts where yards are required:
Such corner lots, located at the intersection of two streets, shall be deemed to have a side yard rather than a front yard between the principal building and the side street. Such side yard shall not be less than the front yard requirements of uses located on the side street.
Such corner lots, located at the intersection of two streets, shall be deemed to have a side yard rather than a rear yard between the principal building and the abutting property on the side street. Such side yard shall not be less than the side yard requirements of uses located on the side street.
All such side yards described above shall conform with the specific regulations related to yard space and related building height contained in the district provisions of this Land Use and Development Code.
Land area and buildings containing golf courses, a clubhouse and customary accessory uses, open only to members and their guests.
That percentage of the plot or lot area covered by the building area.
A home or other facility used generally to provide day-care services or baby-sitting services for 13 or more persons.
A home or other facility used generally to provide day-care services or baby-sitting services for 12 or fewer persons.
The maximum number of dwelling units allowed on a lot, subject to any existing dimensional requirements, such as the minimum amount of lot area required for each dwelling unit, otherwise established in this Land Use and Development Code.
A facility for the boarding and/or day care of dogs, including accessory activities such as grooming or training.
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 separate, defined stacking lane is provided which will accommodate a minimum of five vehicles.
The transaction occurs at a defined service window or terminal.
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.
The architectural design of the service window or terminal shall be compatible with the principal use.
A paved or gravel way for vehicular, bicycle or pedestrian traffic extending from a road or street to an adjacent property line(s) for the purpose of providing access to a single legal lot.
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.
A room or group of rooms forming a habitable unit for one family with facilities used or intended to be used for living, sleeping, cooking and eating. The term shall not be deemed to include trailers.
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.)
One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a rooming house or motel.
The commercial production of agricultural products as a livelihood, and includes dairy farming; raising livestock, freshwater fish, fur-bearing animals or poultry; producing, cultivating, growing and harvesting fruit, produce or horticultural commodities; or any practices on a farm or ranch that are incidental to or in conjunction with these farming operations, as defined by 7 M.R.S.A. § 251, as amended.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk-premium zones applicable to the Town of Gorham, Maine.
The sum of the horizontal areas of a floor(s) of a structure enclosed by the exterior walls.
A measure of the intensity of the use of a piece of property determined by dividing the sum of the gross floor area of all floors of all principal buildings or structures by the total area of the parcel.
Timber cruising and other forest resources evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads. (Applies to Part 2, § 300-2.5, Shoreland area protection.)
A freshwater wetland dominated by woody vegetation that is six meters tall or taller.
A group of people formally organized for a nonprofit common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements, excluding collegiate Greek system affiliates. Examples of such groups include, but are not limited to, the Masons, the Odd Fellows and the Lions Club.
Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
Of 10 or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook such that, in a natural state, the combined surface area is in excess of 10 acres; and
Inundated or saturated by surface or ground water at a frequency and a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.
Line parallel to the front lot line transsecting that point in the building face which is closest to the front lot line. This face includes porches, whether enclosed or unenclosed, but does not include steps.
Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, fish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primary provide general public access to waters. (Applies to Part 2, § 300-2.5, Shoreland area protection.)
A building used for the preparation of the deceased for the burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home, as defined for purposes of this Land Use and Development Code, includes a funeral chapel.
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."
Any inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres, except, for the purposes of this Land Use and Development Code, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. (Applies to Part 2, § 300-2.5, Shoreland area protection.)
All the water found beneath the surface of the ground that is present in soil pore space or in bedrock cracks or fractures. In this Land Use and Development Code, the term refers to the subsurface water present in aquifers, wells, recharge areas and discharge areas.
The vertical measurement from grade to the highest point of the roof beams in flat roofs; to the highest point on the deck of mansard roofs; to a level midway between the level of the eaves and highest point of pitched roofs or hip roofs; or to a level 2/3 of the distance from the level of the eaves to the highest point of gambrel roofs. For this purpose, the level of the eaves shall be taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves.
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.
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.
Those animals normally considered as household companions, and not including horses, cows, sheep, goats, mink, swine, chickens, turkeys or any animals raised for sale or for the sale of their products.
The process of putting hydraulic pressure on the bedrock surrounding a borehole for the purpose of enhancing the flow rate of groundwater that may be produced from the borehole.
A measure of the intensity of the use of a piece of property determined by dividing the total area of the site covered by impervious surface, including roofs, parking lots, roads, access drives, service areas, paved drainage ways, and similar impervious surfaces, by the total area of the parcel.
A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities.
Means a totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use.
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 two 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.
A sign or display located inside a window so that it is intended to be seen from the outside through the window. A sign permanently attached to or permanently painted on the inside of the window is a wall sign.
A lot or part thereof, exposed to the elements, which is used for the sale or for the storage for sale of secondhand products or materials, for the storage of any three or more automobiles or trucks which cannot pass the state inspection test in their existing condition.
Landscape buffer shall contain an adequate mix of trees, shrubs, plants, hardscapes, berms, topography and other landscaping features that adequately break up the proposed development.
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 parcel of land in single ownership occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this Land Use and Development Code, and having frontage upon a street as defined herein.
A surface material or paint that contains a phosphorescent or fluorescent substance that makes it glow in the dark.
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:
The unit is constructed with a pitched roof having a pitch of 4 in 12 or greater.
The roof is covered with asphalt composition shingles, fiberglass shingles, approved wood shingles or shakes, or similar residential roofing material.
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.
The minimum horizontal dimension of the unit as installed on the site is 14 feet.
The minimum floor area of the unit shall be 750 square feet.
The promotion of buying and selling a product or service, including agritourism, which means attracting visitors to a farm to attend events and activities that are accessory uses to the primary farm operation.
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.
A "registered caregiver," as that term is defined in 22 M.R.S.A. § 2421-A(40), as may be amended or recodified.
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.
A "cannabis testing facility," as that term is defined in 22 M.R.S.A. § 2421-A(8), as may be amended or recodified.
A building or structure which accommodates, allows or includes 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.
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.
A factory-built housing unit constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with the United States Department of Housing and Urban Development Standards, meaning a structure, transportable in one or more sections, which, in the traveling mode, is 14 feet or more in width and has 750 or more square feet of floor area, and which is built on a permanent chassis and designed to be used as a dwelling unit, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein, and which does not comply with the definition of a "manufactured housing unit."
A contiguous parcel of land having a minimum area of 25 acres and plotted for the development of a minimum of 25 mobile home lots which are to be rented, leased or sold.
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.
A residential dwelling unit designed for transportation, after fabrication, to the site where it is to be occupied as two or more component parts which must be assembled into a livable dwelling unit on site. No component part of the modular housing unit shall be a complete dwelling unit. A modular housing unit must be placed on a permanent foundation and comply with all regulations of this Lane Use and Development Code governing dwellings.
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.
An area of land for the primary purpose of racing or riding dirt bikes, motorcycles or ATVs over a natural or simulated rough terrain. A motocross track shall not be considered an activity or a facility of a social nature.
A building arranged, intended or designed to be designed to be occupied by three or more families living in independent dwelling units.
The area of any parcel generally suitable, in its natural state, for development and theoretically related to the natural capacity of the land to support a certain intensity of use. The net acreage shall be determined by subtracting unsuitable areas from the gross acreage of the parcel. The following original land areas shall be considered unsuitable and shall be deducted in the following order:
Fifteen percent of the total acreage of the parcel as an estimated allowance for new access roads and parking areas, whether or not the actual area devoted to these uses is greater or less than 15%.
Areas that are, because of existing land uses, natural features or lack of access, isolated and unavailable for building purposes or for use in common with the remainder of the parcel, as determined by the Town Planner, whose determination is subject to Planning Board review in the event of a dispute.
Areas within a floodway or 100-year flood hazard area, as shown on the Federal Flood Boundary and Floodway Map or Federal Flood Insurance Rate Map.
Wetland areas, defined as hydric soil in conjunction with hydrophytic vegetation, or land which has been created by filling or draining a wetland or pond.
Areas of rights-of-way and easements, except for new access roads deducted above and rights-of-way or easements for landscaped buffer strips and walking/bicycle paths not part of a street right-of-way.
Stream channels, as measured from the top of banks, and other surface water bodies, as measured from the high water mark.
Areas of sustained slope of more than 33%. Slope areas of 20% to 33% shall also be deducted unless the developer can demonstrate to the Planning Board's satisfaction that these slopes will be used as part of the overall plan for the development, that they are stable for structures, if so utilized, and that any slope development will minimize soil erosion and comply with Maine State Plumbing Code.
Areas of unreclaimed gravel or borrow pits.
Areas with very poorly drained soils areas, as measured from a Class A high-intensity soils survey as identified under Maine Association of Professional Soil Scientists guidelines for Maine Certified Soil Scientists for Soil Identification and Mapping.
For sites not served by public sewer and water, 50% of the areas with poorly drained soils, and 25% of the areas with soils with multiple drainage classifications, one of which is poorly drained (i.e., poorly drained to somewhat poorly drained), as measured from a high-intensity soils survey and map prepared by a certified soil scientist in accordance with the Maine Association of Professional Soil Scientists guidelines for Maine Certified Soil Scientists for Soil Identification and Mapping. This deduction is to account for the marginal development suitability of these soils if public sewer and water are not available.
Other areas that the Planning Board determines could not, in their natural state, be incorporated into conventional subdivision lots of the minimum required area.
No building or structure shall be sited in areas treated as 100% deductions from the parcel's gross area. Siting of structures in areas treated as 50% deductions shall be discouraged but permitted where the applicant/developer demonstrates that measures will be taken to minimize erosion, sedimentation and seasonal wetness, that these areas are stable for the siting of structures and that proposed subsurface waste disposal systems are sited away from marginal soils and otherwise meet the State of Maine Subsurface Wastewater Disposal Rules.
The maximum number of dwelling units allowed on a parcel of land. The net residential density of a parcel is determined by dividing the net acreage* of the parcel by the minimum lot area per dwelling unit. (*Note: See definition of "net acreage.")
A measure of the brightness or lighting intensity of a LED sign equal to one candela per square meter.
A building, structure or use of land existing at the time of enactment of this Land Use and Development Code, or any amendment thereto, which does not conform to the regulations of the district or zone in which it is situated.
That line which is apparent from visible markings, changes in the character of the soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river of great pond. (Applies to Part 2, § 300-2.5, Shoreland area protection.)
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.
A dining area with seats and/or table(s) located outside of a restaurant, which is either:
A public or private facility designed and equipped for the conduct of sports, leisuretime activities and other customary and usual recreational activities. Outdoor recreational facilities include, but are not limited to, fields, courts, rinks, pools, trails, and workout/weight training structures.
Pumping a well at a flow rate and duration sufficient to mobilize fine sediment out of bedrock fractures (or out of soil for screened wells) to increase the flow rate of groundwater into a well. Such pumping often causes large draw downs in the well.
An area of not less than 200 square feet, exclusive of drives or aisles giving access thereto, accessible from streets or aisles leading to streets and usable for the storage or parking of passenger vehicles. Parking space or access thereto shall be constructed so as to be usable year round.
An outdoor space located at ground level for dining or lounging that is constructed with bricks, paving stones, concrete or similar materials.
Includes barber, hairdresser, beauty parlor, shoe repair, shoe shine, laundry, laundromat, dry cleaner, photographic studio, and businesses providing similar services of a personal nature.
A building or portion thereof, or an enclosure designed for the keeping of pigs.
The apparent or dominant front wall of a building as seen from the adjacent street or property, including projections or recessed sections of the front wall but not including parts of the building that are located significantly behind the apparent front wall or that are designed so that they do not appear to be part of the front wall.
Primary or predominant use. An activity that is conducted in conjunction with another principal use and such activity that either: 1) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or 2) is commonly associated with the principal use and integrally related to it, is regarded as accessory to the principal use. A use is regarded as "incidental or insubstantial" if it is both incidental or insubstantial in and of itself and in relation to the principal use. Quantitative measures for consideration in this determination include the percentage and total amount of square footage attributed to the second use and sales or income derived from the second use.
A lane established and maintained under private authority on a recorded private way plan approved by the Planning Board.
A common sewer controlled by a public, governmental authority. A common water service controlled by a public, governmental authority.
Areas composed of porous sand and gravel, or other areas that collect precipitation or surface water and carry it to aquifers.
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven that is primarily designed as a temporary living accommodation for recreational, camping and travel use, including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. A recreational vehicle shall not be construed as a mobile home for the purposes of this Land Use and Development Code.
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.
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.
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.
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.
A small, low-impact nonresidential use that meets the performance standards for a rural entrepreneurial use for the district in which it is located.
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.
Any utility line extension which does not cross or run beneath any portion of a water body, provided that:
An accessory detached building used for residential storage, allowed in all districts. If a shed is less than 150 square feet in total area and has a height of less than 15 feet, the shed need only meet a five-foot side and/or rear yard setback requirement. Only one shed per lot shall be allowed to have the reduced setback. Additional sheds on the lot must meet the otherwise applicable setbacks for the zoning district in which they are located.
Any structure or part thereof attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. The word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
The area of the surface of a sign upon which the words, symbols or graphics appear.
A sign that is painted directly onto a wall or window or that is permanently attached to and supported by the building or structure to which it is attached.
A sign displaying the name of the business or other occupant of the building or structure to which the sign applies or information about the business/occupant.
A small sign attached to the underside or hanging from a canopy over a pedestrian walkway identifying the entrance to the building or a use within the building.
A freestanding or building sign that lists the tenants or occupants of a building, project or development.
A sign that is permanently attached to the ground and is not attached to a building or structure.
A freestanding sign that is supported by a base or pedestal, or by vertical supporting members such that the width of the base or pedestal or the distance between the supporting members is at least 75% of the width of the sign face.
An on-site freestanding or building sign that provides information or direction to users of a property about the location of entrances and exits, parking, traffic flow, hours of operation or other noncommercial messages.
A freestanding sign that is supported by a single vertical supporting member or base that is less than 75% of the width of the sign face.
A freestanding sign not permanently affixed, anchored or secured to the ground or structure on the lot it occupies.
A permanent sign identifying a project, building or development that contains the name of the facility. In addition to the name of the project, the sign may include the name of the primary occupant of the project, provided that this is less than 40% of the sign area.
A building sign that extends from the supporting wall so that the sign face(s) is at a right angle to the wall on which it is mounted.
A portion of a permanent sign with moveable or interchangeable letters or other characters or symbols including signs with electronic changeable letters, characters, or symbols that identifies a business/occupant.
A small, nonilluminated, movable sign that may include a space for changeable messages that identifies a business/occupant or provides information about the business/occupant that is placed on a sidewalk or other pedestrian area.
A temporary sign at a construction site or development project that identifies the project and the firms involved with the design, construction and financing of the project.
A building sign that is applied to, painted on, or attached to a wall, window or other vertical surface so that the sign face is essentially parallel to the wall. A wall sign includes signs placed on pitched roofs so that the sign face is in a vertical orientation.
A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as special exceptions, if specific provision for such special exceptions is made in Part 1 of this Land Use and Development Code.
A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5-minute series topographic map, or if not available, a 15-minute series topographic map, to the point where the body of water becomes a river, or flows to another water body or wetland within the shoreland area. (Applies to Part 2, § 300-2.5, Shoreland area protection.)
A road established and maintained under public authority, or a fifty-foot-wide recorded road shown on a plan of a subdivision duly approved by the Planning Board.
The width of the lot measured along a street line, provided that access to the lot is possible from that street. Limited-access roads, which cannot be used for access onto abutting lots, shall not be used to meet street frontage requirements, including but not limited to the Bernard P. Rines Highway section of Route 112.
The division of a tract or parcel of land into three or more lots as defined by 30-A M.R.S.A. § 4401, as amended, within any five-year period.
Any repair, reconstruction or improvement of structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or for any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historical Places.
The cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to Part 2, § 300-2.5, Subsection I(12). (Applies to Part 2, § 300-2.5, Shoreland area protection.)
A channel between defined banks created by the action of surface water which is characterized by the lack of terrestrial vegetation or by the presence of a bed devoid of topsoil containing waterborne deposits or exposed soil, parent material or bedrock, and which is connected hydrologically with other water bodies, flows to a water body or wetland as defined. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.
A street segment forming a circle at the closed end of a cul-de-sac street.
The boundary between upland and wetland. The upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six meters or taller. (Applies to Part 2, § 300-2.5, Shoreland area protection.)
A relaxation of the terms of this Land Use and Development Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Land Use and Development Code will result in unnecessary or undue hardship. As used in this Land Use and Development Code, a variance is authorized only for relief from the space standards applying to the district in which the property is located. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in the particular district or adjoining district.
A pattern of land use and building development that is consistent with the "selected concepts" set out in Section III, Alternative Concepts, of the Gorham Main Street Master Plan.
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.
Any project extending from one bank to the opposite bank of a river, stream, tributary stream or wetland, whether under, through or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, and water lines, and cables as well as maintenance work on these crossings. (Applies to Part 2, § 300-2.5, Shoreland area protection.)
An unoccupied space, open to the sky, on the same lot with a building or structure.
An open, unoccupied space on the same lot with the building or structure between the front line of the building or structure and the front line of the lot and extending the full width of the lot.
An open, unoccupied space on the same lot with the building or structure between the rear line of the building or structure and the rear line of the lot and extending the full width of the lot.
An open, unoccupied space on the same lot with the building or structure situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.