[Amended 3-2-2021; 8-5-2025 by Ord. No. 25-82]
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.
(6) 
The first meeting with the Planning Board shall be conceptual design review, and shall precede submission of a preliminary subdivision review application. The conceptual design review shall include the submission of an existing site resource map, identifying both significant natural and cultural resources. It is not required that this be an engineered plan but a surveyed plan that shows wetlands, shoreland areas, significant habitat corridors, rare or endangered habitat, roads and buildings within 100 feet of the property, indication of overall stormwater flow direction, species and size of existing trees, historic and cultural resources such as existing barns, trails, cellar holes, stone walls, and other noteworthy features unique to the property. The existing site resource map shall not include proposed roads or subdivision lots. The intent of this phase of review is for there to be an opportunity to build greater Planning Board, applicant, and open space holder consensus on critical resources and overall design of the project. The developer shall include in the overall design team either a licensed landscape architect or a natural resource planner. The landscape architect or natural resource planner shall provide a written narrative of the existing site resource maps detailing critical areas with a recommendation about the features which should be preserved in the open space.
(a) 
It is intended that the open space shall be designed first, and the built environment shall be constructed in the remaining areas. During the conceptual design review process, the Board shall determine whether or not the open space layout, design and configuration is appropriate based on the size of the parcel to be developed and consistent with the goals outlined under this section and those outlined in the Town's Comprehensive Plan.
(b) 
The developer shall take into consideration the following points, and shall illustrate the treatment of spaces, paths, roads, service and parking areas and other features required in the proposal:
[1] 
Orientation. Buildings and other improvements shall respect scenic vistas and natural features.
[2] 
Streets. Access from public ways, internal circulation and parking shall be designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment, snow clearance, street maintenance, delivery and collection services. Streets shall be laid out and constructed consistent with local requirements. Driveways shall be located onto interior road networks to the greatest extent practical. Curb cuts for driveways and new streets on any collector roads, arterial roads or Maine state DOT numbered routes shall meet standards for access management as specified in Article 2-5, § 300-2.37.1.
[Amended 2-6-2024 by Ord. No. 24-17]
[3] 
Drainage. Adequate provision shall be made for stormwater, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means.
[4] 
Sewage disposal. Adequate provision shall be made for sewage disposal and shall take into consideration soil conditions and potential pollution of surface or ground waters. The plans shall show the location of two passing soils areas on each lot proposed. One of the test pits should be labeled as "primary," which will be utilized for initial construction, with the second test pit being identified as "reserve" and utilized when the first septic system declines.
[5] 
Water supply. Adequate provision shall be made for both ordinary use as well as special fire needs.
[6] 
Utilities. All utilities shall be installed underground in accordance with Article 2-10, § 300-2.47, Provision of underground utilities. Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.
[Amended 8-1-2023 by Ord. No. 23-104]
[7] 
Recreation. Facilities shall be provided consistent with the development proposal.
[8] 
Buffering. Planting, landscaping, disposition and form of buildings and other improvements, or fencing and screening shall be utilized to integrate the proposed development with the landscape and the character of any surrounding development. Buffers of at least 50 feet in width shall be created around the entire perimeter of the subdivision unless the subdivision abuts another cluster residential development or the Planning Board finds the design of the subdivision matches the existing development pattern of the area. Where possible, existing trees and vegetation shall be preserved in the buffers, except that invasive vegetation may be removed. The Planning Board may require landscaping or other features as necessary to break up the proposed development from abutting properties should the fifty-foot buffer not provide adequate buffering.
[9] 
Disposition of buildings shall recognize the need for natural light and ventilation.
(7) 
For purposes of this section, the tract or parcel of land involved must be either in single ownership or the subject of an application filed jointly by the owners of all the property included.
(8) 
Common open space shall be dedicated after approval of the project. There shall be no further subdivision of this land nor buildings constructed upon it without further planning review and which would cause the net residential density to exceed the density permitted in that district.
(9) 
The common open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that:
(a) 
It shall not be used for future building lots.
(b) 
A part or all of the common open space may, at the option of the Town, be dedicated for acceptance by the Town for operation as a municipal recreational facility.
(10) 
Covenants for mandatory membership in the association setting forth the owners' rights and interest and privileges in the association and the common land shall be approved by the Planning Board and included in the deed for each lot.
(11) 
This homeowners' association shall have the responsibility of maintaining the common open space(s) and operation and maintenance of local neighborhood recreational facilities within such open space(s).
(12) 
The developer or subdivider shall maintain control of such open space(s) and be responsible for its maintenance until development sufficient to support the association has taken place or, alternatively, the objectives of clustering have been met. Such determination shall be made by the Planning Board upon request of the homeowners' association or the developer or subdivider.
[Amended 12-4-2018; 6-7-2022; 4-4-2023 by Ord. No. 23-56; 8-1-2023 by Ord. No. 23-104]
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, § 2-48, Provision of public water supply, Subsection E, 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.
[Amended 3-12-2024 by Ord. No. 24-32]
(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.
[Amended 7-7-2015; 1-3-2023 by Ord. No. 23-05]
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.
[Added 1-5-2021]
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.