This Part 1 is designed for all the purposes of zoning embraced in Maine Revised Statutes and has been drafted as an integral part of a Comprehensive Plan for the Town of Gorham, Maine, to promote the health, safety and general welfare of its residents. Among other things, it is designed to encourage the most appropriate use of land throughout the Town; to promote traffic safety; to provide safety from fire and other hazards; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome home environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to promote the coordinated development of unbuilt areas; to encourage the formation of community units; to provide an allotment of land area in new developments sufficient for all the requirements of community life; to conserve natural resources; and to provide for adequate public services.
[Amended 7-2-2024 by Ord. No. 24-94; 7-2-2024 by Ord. No. 24-97; 8-5-2025 by Ord. No. 25-82]
To implement the provisions of this Part 1, the Town of Gorham is hereby divided into the following classes of districts:
Urban Residential | UR |
Urban Residential Expansion | URExp |
Suburban Residential | SR |
Rural | R |
Village Centers | VC |
Urban Commercial | UC |
Roadside Commercial | RC |
Industrial | I |
Mosher Corner Mixed Use | MCMU |
Office-Residential | OR |
Narragansett Mixed Use Development | ND |
Black Brook and Brackett Road Special Protection | |
Preble Street Conditional Zone | |
McLellan House Conditional | |
Olde Canal Industrial | OCI |
Agricultural Industrial | AI |
South Gorham Commercial Corridor | SGCC |
South Gorham Crossroads | SGXR |
White Rock Mixed Use | WR |
Overlay Districts | |
Shoreland Overlay District | |
Small Dwelling Overlay District | |
Manufactured Housing Park Overlay District | |
Development Transfer Overlay | |
Resource Protection Subdistrict | |
Stream Protection Subdistrict | |
Pedestrian Overlay District | PED |
Affordable Housing Overlay District | AHOD |
Campground Overlay District |
[Amended 8-5-2025 by Ord. No. 25-82]
The location and boundaries of the above districts are hereby established as shown on the current version of the map entitled "Zoning Map of the Town of Gorham," and on the "Official Shoreland Zoning Map," as amended, prepared by the Gorham Planning Board and kept on file at the Gorham Municipal Office, which maps with all explanatory matter thereon, and all amendments thereto, shall be deemed to be and are hereby made part of this Land Use and Development Code. When uncertainty exists with respect to district boundaries as shown upon the Zoning Map of the Town of Gorham, or amendments thereto, the following shall apply:
A.
Unless otherwise indicated, district boundary lines are the center lines, plotted at the time of adoption of this Land Use and Development Code, of streets, alleys, parkways, waterways, or rights-of-way of public utilities and railroads or such lines extended.
B.
Other district boundary lines which are not listed in the preceding subsection shall be considered as lines paralleling a street and at distances from the center lines of such streets as indicated by the Official Zoning Maps on file in the Gorham Municipal Office. In the absence of a written dimension, the graphic scale on the Official Zoning Maps shall be used.
[Amended 5-7-2024 by Ord. No. 24-62; 7-1-2025 by Ord. No. 25-71; 8-5-2025 by Ord. No. 25-82]
B.
The regulations specified by this Land Use and Development Code for each class of district shall be minimum requirements and shall apply uniformly to each class or kind of structure or land.
C.
Land within the lines of a street on which a lot abuts shall not be considered as part of such lot for the purposes of meeting the area requirements of this Part 1, notwithstanding the fact that the fee to such land may be in the owner of such lot.
D.
Unless otherwise provided in this Land Use and Development Code, no part of a yard, or other open space, or off-street parking or loading space about or in connection with any building, and required for the purpose of complying with this Land Use and Development Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
E.
When a lot of record at the time of enactment of this Land Use and Development Code is transsected by a zoning district boundary, the regulations set forth in this Part 1 applying to the larger part by area of such lot may also be deemed to govern in the smaller area beyond such zoning district boundary, but only to an extent not more than 50 linear feet in depth beyond said zoning district boundary.
F.
In any district, notwithstanding limitations imposed by other sections of this Land Use and Development Code, single lots of record at the effective date of adoption or amendment of this Land Use and Development Code may be built upon consistent with other provisions of this Land Use and Development Code. Such lots shall be in separate ownership and not contiguous with other lots in the same ownership. This provision shall apply even though such lots fail to meet the minimum requirements for area or width, or both, which are applicable in the district, provided that yard dimensions and other requirements, not involving area or width, or both, of the lot shall conform to the regulation for the district in which such lot is located. Variance of yard and other requirements not involving area or width shall be obtained only through action of the Board of Appeals.
G.
More than one principal building may be located on a lot only if one of the following conditions have been met:
(3)
The street frontage requirement, without variance, is met for each principal building or structure located on the lot, and the placement of the buildings will allow division of the lot in conformance with the space and bulk regulations of the district in which it is located.
H.
Back lots. One back lot may be created from any lot of record which conforms to the lot requirements herein.
(1)
The back lot and front lot each contain no more than one principal structure, each principal structure containing no more than two dwelling units. Primary uses are limited to single family, single family with accessory dwelling unit, or two-family dwellings for both the front lot and back lot.
(2)
Both the front lot and back lot conform to the minimum lot area and minimum lot area per dwelling unit as stated herein.
(3)
The back lot is at least as wide at the site of the proposed dwelling as the frontage measurement required in the district.
(4)
The back lot has perpetual deeded access to a publicly accepted street or a private road. This access shall be a minimum of 30 feet in width and obtained by extension of the back lot to the public street or through provision of an easement or ownership.
(5)
The creation of the back lot does not make the front lot nonconforming, or more nonconforming, as to frontage.
(6)
The back lot and front lot share the same driveway entrance to the public street, if the access to the back lot is via a deeded right-of-way or is located on an arterial or collector roads. This requirement may be waived by the Town Engineer when the Engineer makes findings that a combined driveway is not feasible due to the traffic safety concerns, terrain or natural resource impact.
(7)
A twelve-foot-wide driveway shall service a single-family dwelling, or a sixteen-foot-wide driveway shall serve a two-family or single-family dwelling with ADU, constructed with a minimum of 12 inches of subbase gravel and a minimum of three-inch base gravel.
(8)
Street numbering, as assigned by the Addressing Officer, is clearly visible at the public street in accordance with the Town Code and state requirements.
(9)
Any dwellings on the back lot shall connect to public sewer or water when a public sewer or water line is located in the public street giving access to the back lot.
(10)
Underground utilities shall be required for all newly constructed dwelling units on back lots. The Town Engineer may waive the requirement for provision of underground utilities for projects where underground installation will create an undue burden based on natural features or resource constraints.
Wherever the requirements of this Land Use and Development Code are inconsistent with the requirements of any other ordinance or statute, the more restrictive requirement shall apply.
A.
Any proposal to amend the Official Zoning Map of the Town or to amend any provision of this Part 1 shall be accompanied by a nonrefundable fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order, which shall be paid at the time the request is filed with the Planning Board. This fee shall be waived if the request is initiated by the Town. A proposed amendment shall be considered Town-initiated if it is proposed by the Town Council, Planning Board, Board of Appeals, the Town's Comprehensive Plan, or staff charged with the administration or enforcement of this Part 1.
B.
To help recover costs incurred by the Town in the review, administration, site inspection and public notice associated with the proposed amendment, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the proposed amendment:
D.
Such proposed amendments shall be heard by the Planning Board, which shall, after public hearing, make a recommendation on the proposal to the Town Council. In accordance with state law, the Town Council shall act on the proposal after notice and hearing. Such notice shall be given in a newspaper of general circulation in the Town no less than seven days in advance of the public hearing. No proposal to amend the Official Zoning Map shall be entertained within one year from the date of denial of the same request.
E.
Copies of amendments to Part 2, Article 2-1, § 300-2.5, and/or to the Shoreland Overlay District depicted on the Official Shoreland Zoning Map, attested and signed by the Town Clerk, shall be submitted to the Commissioner of Environmental Protection following adoption by the Town Council, and said amendments shall not become effective unless approved by the Commissioner; provided, however, that if the Commissioner fails to act upon any such amendments within 45 days after receipt of such amendment, such amendment shall be deemed approved; that, notwithstanding 1 M.R.S.A. § 302, such amendment, upon approval or deemed approval by the Commissioner, shall have an effective date retroactive to their effective date under the Town Charter; and that such amendment shall govern all applications for a shoreland zoning permit submitted to the Town within said forty-five-day period if such amendment is approved or deemed approved. Amendments to the Shoreland Overlay District depicted upon the Official Shoreland Zoning Map shall be shown on said map within 30 days after the approval or deemed approval by the Commissioner of said amendment.
[Amended 8-5-2025 by Ord. No. 25-82]
A.
Authorization.
(1)
Pursuant to 30-A M.R.S.A. § 4352(8), conditional or contract zoning is hereby authorized for:
(a)
Nonresidential development where, for reasons such as the unusual nature or unique location of the development proposed, the Town Council finds it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain conditions or restrictions not generally applicable to other properties similarly zoned; or
(b)
Residential development where the Town Council finds that, due to the nature of location of the proposed development, there will be significant public benefit to the community as a result of the rezoning and that such public benefit is consistent with and advances the goals and policies of the Town's adopted Comprehensive Plan, provided that appropriate conditions or restrictions, not generally applicable to other properties similarly zoned, are imposed by agreement with the property owner.
(2)
All rezoning under this section shall establish rezoned areas which are compatible with the existing and permitted uses within the original zones. Contract or conditional zoning involving residential uses shall be allowed only when those residential uses are allowed by the original zoning. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, which is inconsistent with the Town's Comprehensive Plan.
B.
Fees and deposits.
(1)
Any proposal to amend the Official Zoning Map of the Town through the establishment of a contract zone shall be accompanied by a nonrefundable fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order, which shall be paid at the time the request is filed with the Planning Board.
(2)
To help recover costs incurred by the Town in the review, administration, site inspection and public notice associated with the contract zone proposal, the following fees and deposits in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the contract zone proposal:
C.
The Planning Board and the Town Council shall each conduct a public hearing prior to any property being rezoned under this section. Notice of this hearing shall be posted in the Town Clerk's office at least 13 days prior to each public hearing and shall be published in a newspaper of general circulation within the Town at least two times, the date of the first publication to be at least seven days prior to each hearing. Notice shall be sent to the owner or owners of the property to be rezoned and shall also be sent to all abutters and abutters of abutters to the property to be rezoned at their last-known address. Notice also must be sent to a public drinking water supplier if the area to be rezoned is within its source water protection area. This notice shall contain a copy of the proposed conditions and restrictions, with a map indicating the property to be rezoned.
D.
Conditions and restrictions imposed under the authority of this section shall relate only to the physical development and operation of the property and may include, by way of example:
(1)
Limitations on the number and types of uses permitted;
(2)
Restrictions on the scale and density of development;
(3)
Specifications for the design and layout of building and other improvements;
(4)
Schedules for commencement and completion of construction;
(5)
Performance guarantees securing completion and maintenance of improvements, and guarantees against defects;
(6)
Preservation of open space and buffers, and protection of natural areas and historic sites;
(7)
Contributions toward the provision of municipal services required by the development; and
(8)
Provisions for enforcement and remedies for breach of any condition restriction.
E.
No proposal to amend the Official Zoning Map shall be entertained within one year from the date of denial of the same request.