The Town of Gorham contains large amounts of land which are either in current agricultural use or which have soils which are suited for agricultural use. The Town recognizes that the continuation of agriculture within the Town is of economic, recreational and scenic benefit to the residents of the Town as well as the greater region. Development within the Rural District may occur in accordance with the cluster development provisions of Part 2, Article 2-4, of this Land Use and Development Code.
[Amended 4-4-2017; 7-7-2020; 4-6-2021; 4-5-2022; 8-5-2025 by Ord. No. 25-82]
The following are permitted uses in the Rural District:
A.
One- and two-family dwellings, exclusive of mobile homes.
B.
Permanent housing for agricultural workers as part of a farm.
C.
Agricultural buildings and uses.
D.
Roadside stands.
E.
Municipally owned parks and playgrounds.
F.
Accessory uses and buildings, including home occupations.
G.
Sawmill, piggery or the raising of poultry.
H.
Manufactured housing units on single-family residential lots in designated manufactured housing subdistricts.
I.
Municipal buildings or uses.
J.
Apartment buildings or multifamily housing, except collegiate Greek system residences.
K.
Public and private utility facilities, including substations, pumping stations and treatment facilities, but excluding business offices.
L.
School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal organization, or social nature which is not used for residential 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.
M.
Mineral extraction.
N.
Agriculturally related business uses, including machinery sales and service, seed and fertilizer sales, and similar uses.
O.
Golf courses and country clubs.
P.
Facilities for the processing of agriculture products.
Q.
Funeral homes.
R.
Accessory apartments.
S.
Reuse of an existing agricultural building for a nonresidential use that meets the performance standards of § 300-1.45.
U.
Bed-and-breakfast establishment.
V.
Dog kennel.
W.
Landscape companies, contractors' yards and similar and compatible uses that meet the performance standards of § 300-1.46.
X.
Cannabis cultivation or manufacturing facility when inside an existing agricultural building.
Y.
Medical cannabis business when inside an existing agricultural building.
Z.
Agritourism.
[Amended 8-5-2025 by Ord. No. 25-82]
The following are special exceptions in the Rural District:
A.
Day-care centers.
B.
Cemeteries.
C.
Communication and transmission facilities, including relay stations, transmission towers and antennas.
D.
School, hospital, church or any other institution of education, religious, philanthropic, fraternal organization or social nature which has 2,000 or more square feet of floor area or generates 200 or more vehicle trips during any twenty-four-hour period.
E.
Bed-and-breakfast establishment with public dining as an accessory use.
F.
Inn.
A.
Standards.
(1)
Minimum lot size for residential lots which are not a part of a subdivision: 60,000 square feet per dwelling unit.
(2)
Minimum lot area per dwelling unit for residential subdivisions or multifamily housing: 60,000 square feet.
(3)
Minimum lot size for nonresidential lots: 60,000 square feet.**
(4)
Minimum street frontage: 200 feet.*
(7)
Maximum building height: None.
* | May be reduced up to 50% for lots fronting on turning circles, provided that the lot width at the front setback line is equal to or greater than the minimum street frontage required. |
** | The minimum lot area per dwelling unit shall be used to calculate the net residential density or the maximum number of dwelling units that can be placed on a parcel. Individual lots in a subdivision may vary in size as long as the subdivision conforms to the overall net residential density of the parcel, no lot for a single-family home is smaller than 40,000 square feet in area, and the individual lots are laid out to reflect the development suitability of the parcel. |
B.
Notwithstanding the provisions of this § 300-1.44:
(1)
A lot listed on the National Register of Historic Places need not meet the minimum lot size or street frontage requirements so long as the lot is subject to either a conservation easement or deed restriction limiting its use or development solely to noncommercial conservation or historic purposes.
(2)
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.
A.
The performance standards contained in Part 2 of the 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 § 300-1.44, 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 five acres. If the lot contains another principal use(s), the lot must have at least five 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 be not 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 Rural 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. 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 or electrical interference at the boundaries of the parcel that exceed 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 32 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.
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.
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.
(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.
[Added 4-5-2022]
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.
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.
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.