The purpose of this Article 2-8 is to provide opportunity for the entrepreneurial use of existing homes and buildings in Gorham for the purpose of bed-and-breakfast facilities with and without provision for public dining facilities that can be used by other than overnight paying guests of the bed-and-breakfast establishment. In addition, it is the purpose of this article to maintain the existing character of the neighborhood in which a bed-and-breakfast is located. To this end, definitions of bed-and-breakfast, bed-and-breakfast establishment, bed-and-breakfast establishment with public dining as an accessory use and inn have been added to Part 1, Article 1-5, Definitions, of the Land Use and Development Code. Any facility offering overnight accommodations and/or public dining falling outside of the definitions and the limitations of the following performance standards are not governed by this article.
(inclusive of bed-and-breakfast, bed-and-breakfast establishment with and without public dining facilities, and inn)
[Amended 8-5-2025 by Ord. No. 25-82]
In addition to the performance standards contained in Part 2 of this Land Use and Development Code, the following requirements shall be placed on bed-and-breakfasts and their accessory public dining uses:
B.
No building used as a bed-and-breakfast, bed-and-breakfast establishment, with or without public dining as an accessory use, or inn shall be expanded by more than 25% in volume or square footage of the building footprint over the lifetime of the building except by Planning Board review, to include a peer review by an architect experienced in renovation and expansion of historical and older buildings. Any building expansion of 25% or less in volume or square footage of the building footprint shall be reviewed by the Code Enforcement Officer, who shall determine that it is architecturally consistent with the existing building and neighborhood, and shall also be subject to review by a local Architectural Review Board, from the time such a board has been established.
C.
There shall be no expansion of paved areas in the front yard setback for the purpose of commercial parking after the passage of this article (March 2, 2011) in the Urban Residential, Suburban Residential and Rural Districts.
D.
No new bed-and-breakfast, bed-and-breakfast establishment, with or without public dining as an accessory use, or inn shall be established in a building constructed after the passage of this article (August 4, 2009) in the Urban Residential, Suburban Residential and Rural Districts. Any new building constructed in the Office-Residential District for use as a bed-and-breakfast establishment must be architecturally consistent with the surrounding structures as determined by architectural peer review (or an architectural board when established). Any building constructed in the Village Centers or Urban Commercial Districts for use as a bed-and-breakfast establishment or inn must meet the Village Center standards. In those districts which allow retail, motels and/or rooming houses as permitted uses, the restriction on bed-and-breakfast establishments or inns to buildings constructed prior to the passage of this article shall not apply.
E.
Additional performance standards applicable to bed-and-breakfast establishments with public dining as an accessory use and to inns, with the exception of those which are located within the Roadside Commercial or Narragansett Mixed-Use Development Districts.
(1)
The maximum number of persons dining at the establishment is limited to five times the number of overnight guest rooms, subject to applicable building and fire code restrictions. (For example, an establishment with nine guest rooms would be allowed to have 45 persons in the dining facility at any one time, under this accessory use.) This use is considered a commercial use.
(2)
Hours of operation. Public dining hours of operation shall be limited to the hours between 7:00 a.m. and 10:00 p.m. in Residential Districts, with the last seating commencing no later than 9:00 p.m. Outdoor dining is restricted to daylight hours.
F.
Adequate visual buffering shall be provided between adjacent uses where there is a transition from one type of use to another use. At a minimum, fencing, landscaping or natural features shall be used to visually screen service, storage and parking areas from adjacent properties and public rights-of-way. The buffering must be effective upon installation.
(1)
Bed-and-breakfast establishments in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas and shall meet the minimum requirements of Article 2-1, Environmental, § 300-2.9, Buffer areas;
(2)
A buffer area shall be established between bed-and-breakfast establishments and any abutting single-family or two-family dwellings. Buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. The buffering shall consist of landscaping, fencing, grading or a combination of features to the satisfaction of the Planning Board. The buffer area must be effective upon installation;
(3)
All off-street parking within the front yard setback shall be separated from the lot line by a buffer area. Landscaped buffer areas abutting a public street shall be a minimum of 10 feet in depth and shall be sufficient to limit the glare of headlights from the lot. The buffer area shall consist of landscaping, fencing, grading or a combination of features to the satisfaction of the Planning Board. The buffer area must be effective upon installation; and
(4)
All lighting must be adequately screened from view of public ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four feet high. Screening must be effective upon installation.
G.
Exterior lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety and comfort in parking and service areas and to not cause glare beyond the limits of the property boundaries. Lighting shall also conform to the Village Center performance standards in Part 1, Article 1-9, Village Centers District, § 300-1.48, Subsection E(13), Lighting.
H.
No portion of exterior stairs or fire escapes shall be located on the front wall of the building facing the primary street.
I.
Additional performance standards applicable to inns.
(1)
Inns in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas;
(2)
A buffer area shall be established between the inn and any abutting single-family or two-family dwellings. Buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. Buffering shall consist of landscaping, fencing, grading or a combination of features. The buffer area must be effective upon installation;
(3)
All off-street parking and lighting must be adequately screened from view of public ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four feet high. Screening must be effective upon installation; and
(4)
Accommodations for live-in staff are permitted and not included in guest room totals.