[Added 11-22-2016; 4-6-2021]
Home occupations shall conform to the following requirements:
A. 
The use of a dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes.
B. 
A home occupation may not alter the residential character of the structure, neighborhood or change the character of the lot from its principal use as a residence.
C. 
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto with the exception of farm/roadside stands, which are allowed to be carried on in a separate structure.
D. 
Not more than two people outside the family shall be employed in the home occupation.
E. 
There shall be no exterior display, no exterior sign (except as expressly permitted by the district regulations of this Land Use and Development Code), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
F. 
No nuisance, offensive noise, vibration, smoke, dust, odors, heat or glare shall be generated. The noise standard shall comply with the standards identified under Part 2, Article 2-1, § 300-2.8, Noise abatement, and Part 4, § 300-4.9, Subsection S.
G. 
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood or generate more than 10 vehicle trips per day.
H. 
Off-street parking shall meet the standards set forth in Article 2-2, Parking, Loading and Traffic. If additional parking spaces are provided, they shall be located to the rear or side yard of the principal structure but not within the yard setbacks. Off-street parking lots with three or more spaces shall be buffered from abutting residences.
I. 
The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit or 576 square feet, whichever is more; with the exception of home day-care facilities, which may utilize up to 50% of the dwelling unit in addition to the use of the exterior of the property for state-required play areas.
[Amended 8-5-2025 by Ord. No. 25-81; 8-5-2025 by Ord. No. 25-82]
The following uses shall be allowed as home occupations as defined in Part 1, Article 1-5, Definitions:
A. 
Business and professional offices.
B. 
Personal services.
C. 
Instructional services.
D. 
Repair services.
E. 
Day-care home.
F. 
Home crafts.
G. 
Construction services.
H. 
Office of a contractor or tradesperson.
I. 
Medial cannabis caregiver.
J. 
Online retail sales.
K. 
Roadside stands.
A permit must be obtained from the Code Enforcement Department prior to commencement of the home occupation. As part of the permit approval, the Town's Code Enforcement Officer is authorized to limit the proposed use or require on-site improvements to minimize potential negative impacts to the neighborhood and/or roadways.
[Amended 8-5-2025 by Ord. No. 25-81; 8-5-2025 by Ord. No. 25-82]
In addition to the home occupation standards listed above, the home occupation uses listed below shall meet the following requirements:
A. 
Instructional services. Instructional services involving a maximum of four students at a time are permitted. In the case of musical instruction, no more than two students at a time shall be permitted.
B. 
Day-care home. Prior to the permit approval of the use by the Code Enforcement Office, the applicant must obtain a license from the State of Maine Department of Child and Family Services.
C. 
Construction services.
(1) 
Limited to two of the following: pick-up trucks, vans or box trucks and one trailer parked/stored outside.
(2) 
No outside storage of materials.
(3) 
Material storage buildings/space limited to 20% of the size of the total area of the dwelling unit.
D. 
Repair services. The repair of any small engines or equipment with any type of gas, diesel, oil or nature gas engine is not permitted.
E. 
Medical cannabis caregivers.
(1) 
All growing and related growing supplies are required to be stored inside and within the 20% of the total floor area of the dwelling unit or 576 square feet, whichever is more.
(2) 
No outside cultivation or storage of cannabis, cannabis products, or related supplies is permitted. There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.
(3) 
The odor generated from cannabis cultivation or harvesting shall not be reasonably detectable from any adjacent lot, public right-of-way, or outside of the grower's lease area. The cannabis cultivation shall provide for adequate ventilation so as to prevent pesticides, insecticides or other chemicals used in the cultivation from being dispersed or released outside the building or lease line.
(4) 
The medical cannabis caregiver shall obtain a State of Maine conditional license prior to operating in the Town of Gorham.
F. 
Roadside stands.
(1) 
In zoning districts that have a greater than 25-foot front setback, the roadside stand only needs to meet a 25-foot setback. In these circumstances the structure shall only be allowed to the minimum size necessary for a roadside stand use. The roadside stand must meet the character of the neighborhood both in size, layout and building design.
(2) 
Should the roadside stand use cease operation for more than a year and is utilizing the reduced front setback, the roadside stand structure will be required to be relocated to meet the front setback as outlined in the zoning district in which the lot is located
[Added 4-6-2021; amended 8-5-2025 by Ord. No. 25-82]
A. 
In addition to the home occupation standards in §§ 300-2.69 through 300-2.73 of this article, the home occupation use for medical cannabis caregivers must also meet the following requirements:
(1) 
Medical cannabis caregivers may only receive or otherwise serve patients, or other vendors, between the hours of 10:00 a.m. and 6:00 p.m., Monday through Friday.
(2) 
All growing and related growing supplies are required to be stored inside and within 20% of the total floor area of the dwelling unit occupied by the home occupation.
(3) 
No outside cultivation or storage of cannabis, cannabis products or related supplies is permitted. There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence or within a building or other accessory structure, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.
(4) 
The odor generated from cannabis cultivation or harvesting shall not be reasonably detectable from any adjacent lot, public right-of-way, or outside of the grower's leased area. The cannabis cultivation shall provide for adequate ventilation so as to prevent pesticides, insecticides or other chemicals used in the cultivation from being dispersed or released outside the building or lease line.
(5) 
The medical cannabis caregiver shall obtain and maintain an active and valid medical cannabis caregiver registration with the State of Maine prior to operating in the Town of Gorham.
(6) 
The grow plant canopy size shall be capped at a maximum of 500 square feet.
(7) 
All cultivation areas shall meet all applicable local, state and federal building, electrical and fire codes.
(8) 
A property owner's written consent to cultivate cannabis is required for growers located on lots/leased areas not owned by them. An owner of a residential structure can prohibit the cultivation of cannabis on their property.
(9) 
The cultivation areas shall be locked when not being attended to by the grower of the cannabis.
B. 
The following are prohibited as part of a medical cannabis caregiver home occupation:
(1) 
The home extraction of cannabis concentrate using hazardous substances.
(2) 
The manufacturing, testing or retail sale of cannabis or cannabis products intended for adult (and not medical) use.
(3) 
The establishment or operation of a medical cannabis caregiver retail store, as that term is defined in 22 M.R.S.A. § 2421-A(12).
(4) 
Any other activity that is not authorized for medical cannabis caregivers under applicable state law in 22 M.R.S.A. § 2423-A(2).
C. 
The purpose of this § 300-2.74 is to regulate both new and existing medical cannabis caregivers operating as home occupations within the Town. These regulations are intended to protect the public health, safety and welfare, to ensure compatibility with the surrounding neighborhood, and to minimize any adverse impact of such caregiver operations on adjacent and nearby properties.
(1) 
Application. The operational requirements of Article 2-15 shall apply to all existing medical cannabis caregivers operating as home occupations on the effective date of this section as well as new caregiver operations. To qualify as an existing medical cannabis caregiver operating as home occupation, the operation must be a lawful use under the Zoning Ordinance as of May 6, 2021, must have been in operation at some time over the five years immediately preceding May 6, 2021, and must have been in full compliance with all applicable Town ordinances during all such times of operation.
(2) 
Registration requirements. Within 180 days of May 6, 2021, all medical cannabis caregivers operating as home occupations and existing as of that date shall be registered with the Code Division and submit the following:
(a) 
Initial registration fee of $250.
(b) 
Names and addresses of the current owner of the property and of the medical cannabis caregiver, and a copy of the deed or rental lease if the medical cannabis caregiver is not the property owner;
(c) 
Evidence that the medical cannabis caregiver's operation was in existing operation as defined above, including, without limitation, the State of Maine registered caregiver license and any other state-issued licenses, including any food establishment license; and
(d) 
Evidence of the location of the medical cannabis caregiver's growing operation on the property, which shall include a description of the canopy size, setbacks of the growing area from the property line boundaries, and actions taken to meet the relevant home occupation standards as identified below.
(3) 
Operational requirements for new and existing medical cannabis caregivers. Unless otherwise expressly provided, the foregoing requirements contained in this § 300-2.74 apply to all medical cannabis caregivers operating as home occupations; however, any existing medical cannabis caregiver operating as a home occupation and lawfully in operation at the effective date of this section which does not comply with these operational requirements shall be grandfathered with regard to such deficiencies, except that there shall be no grandfathered rights as to Article 2-15, Home Occupations, § 300-2.74, Subsection A(1) through (4) and (6) through (9).
[Added 5-7-2024 by Ord. No. 24-61; amended 8-5-2025 by Ord. No. 25-82]
Home occupations in the Village Home Occupation Overlay District are allowed the following exceptions to the above requirements:
A. 
The home occupations, excluding medical cannabis caregivers, shall not utilize more than 50% of the total floor area of the dwelling unit.
B. 
Medical cannabis caregivers are required to meet the requirements outlined under § 300-2.73E and § 300-2.74.
C. 
Not more than 10 people outside the family shall be employed in the home occupation.
D. 
The following uses shall be allowed as home occupations as defined in Part 1, Article 1-5, Definitions:
(1) 
Retail stores under 500 square feet.