Chapter I, Section 6-17
SECTION VI - URBAN RESIDENTIAL DISTRICT
A. PURPOSE
To preserve the physical, aesthetic and social quality of Gorham's urban area and, consistent with this stated goal, to provide therein for the location of a variety of residential and service uses in accordance with the standards of this chapter. To this end, residential development shall not exceed the net residential density allowable herein and may preferably occur in accordance with the provisions of Chapter II, Section IV, of this Code.
B. PERMITTED USES
1) One or two-family dwellings, exclusive of mobile homes and exclusive of trailers.
2) Nursing home, home for the aged.
3) Municipal building or use.
4) Municipally owned parks and playgrounds.
5) Telephone exchange, without business office.
6) Any agricultural building or use except a sawmill, and except the keeping of animals other than household pets.
7) Accessory residential uses, including home occupations.
8) Manufactured housing units on single-family residential lots in designated manufactured housing sub-districts.
9) Rooming house, apartment building or multifamily housing.
10) Announcement sign or bulletin board for the use of a public, charitable or religious institution, occupying the premises for which the sign or board is located.
11) Public utility facilities including substations, pumping stations and sewage treatment facilities.
12) School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal, or social nature which is not used for residential purposes, which has less than two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicle trips during any twenty-four hour period.
13) Accessory Apartments
C. SPECIAL EXCEPTIONS
1) Day Care Center.
2) The keeping of farm animals, including poultry, provided that a minimum lot area of six (6) acres in one parcel is owned or leased by the applicant as evidenced by a written instrument on record at the Cumberland County Registry of Deeds.
3) School, hospital, church or any other institution of education, religious, philanthropic, fraternal or social nature which is not used for residential purposes and has two thousand (2,000) or more square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.
D. SPACE STANDARDS
Watered &
Sewered Unsewered
Minimum lot size 15,000 sq.ft.** 20,000 sq.ft.
Minimum area per
dwelling unit 10,000 sq.ft. 20,000 sq.ft.
Minimum street
frontage 80 ft. 80 ft.
Minimum front yard 25 ft. 25 ft.
Minimum rear and side yards 15 ft.* 15 ft.*
*Buildings higher than 30 feet shall have side and rear yards not less than 50% of building height.
**The June 3, 1997 amendment to the minimum lot size shall apply prospectively only, from that date forward, and only to (1) lots newly created after that date as evidenced by a deed on record in the Cumberland County Registry of Deeds on or before that date or (2) lots not part of a subdivision plan approved on or before that date or lots in a proposed subdivision plan grand fathered by law on or before that date.
Maximum building
height None None
Maximum building
coverage 25% 25%
E. PERFORMANCE STANDARDS
The performance standards contained in Chapter II of this Code shall be fully observed.
SECTION VII - SUBURBAN RESIDENTIAL DISTRICT
A. PURPOSE
Gorham is a desirable residential community, and much growth is occurring outside of existing built-up areas. The purpose of the suburban residential district is to designate areas where new low-density residential growth can occur in a manner which provides a high quality living environment while minimizing local service costs. Development within this district may occur in accordance with the cluster development provisions of Chapter II, Section IV of this Code.
B. PERMITTED USES
1) One and two-family dwellings, exclusive of mobile homes.
2) Nursing homes or homes for the aged.
3) Municipally owned parks and playgrounds.
4) Accessory uses and buildings including home occupations.
5) Agricultural buildings and uses except a sawmill, piggery, and the raising of poultry.
6) Manufactured housing units on single-family residential lots in designated manufactured housing sub-districts.
7) Municipal buildings or uses.
8) Apartment buildings or multifamily housing.
9) Public and private utility facilities, including substations, pumping stations, and treatment facilities, but excluding business offices.
10) School, hospital, church, or any other nonresidential institution of educational, religious, philanthropic, fraternal, or social nature which has less than two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicle trips during any twenty-four hour period.
11) Golf courses and country clubs.
12) Roadside stands.
13) Accessory Apartments
C. SPECIAL EXCEPTIONS
1) Day Care Center.
2) Cemeteries.
3) Sawmill, piggery or the raising of poultry.
4) Mineral extraction.
5) School, hospital, church or any other nonresidential institution of education, religious, philanthropic, fraternal or social nature and has two thousand (2,000) or more square feet of floor area or generate two hundred (200) or more vehicle trips during any twenty-four hour period.
6) Veterinary clinics, exclusive of kennels or boarding facilities.
D. SPACE STANDARDS
Minimum lot size 60,000 square feet
Minimum lot area per
dwelling unit 40,000 square feet
Minimum street frontage 200 feet*
Minimum front yard local street 50 feet
Minimum front yard collector or
arterial street 70 feet
Minimum side and rear yards 20 feet
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.
E. PERFORMANCE STANDARDS
The performance standards contained in Chapter II of this Code shall be fully observed.
F. DENSITY BONUS
Many parts of the Suburban Residential Zone have public water available and public sewerage is planned in limited areas. Since the availability of these utilities reduces the development limitations imposed by soil characteristics, provision is made for a density bonus if one or both of these utilities will be utilized in the development.
If public water or public sewer is utilized in the development, one additional dwelling unit may be constructed for each three acres of the net acreage of the site. Individual lot sizes and frontage requirements may be reduced by up to 25%.
If public water and public sewer are utilized in the development, one additional dwelling unit may be constructed for each 1.5 acres of the net acreage of the site. Individual lot sizes and frontage requirements may be reduced by up to 50%.
SECTION VIII - RURAL DISTRICT
A. PURPOSE
The Town of Gorham contains large amounts of land which are either in current agricultural use or which have soilswhich 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. Therefore, the purpose of this district is to designate areas of the Town in which agricultural and rural land uses are encouraged. Development within this district may occur in accordance with thecluster development provisions of Chapter II, Section IV of this Code.
B. PERMITTED USES
1) One and two-family dwellings, exclusive of mobile homes.
2) Permanent housing for agricultural workers as part of a farm.
3) Agricultural buildings and uses.
4) Roadside stands.
5) Municipally owned parks and playgrounds.
6) Accessory uses and buildings, including home occupations.
7) Sawmill, piggery or the raising of poultry.
8) Manufactured housing units on single-family residential lots in designated manufactured housing sub-districts.
9) Municipal buildings or uses.
10) Apartment buildings or multifamily housing.
11) Public and private utility facilities, including substations, pumping stations, and treatment facilities, but excluding business offices.
12) School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal, or social nature which is not used for residential purposes, which has less than two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicle trips during any twenty-four hour period.
13) Mineral extraction.
14) Agriculturally related business uses, including machinery sales and service, seed and fertilizer sales, and similar uses.
15) Golf courses and country clubs.
16) Facilities for the processing of agriculture products.
17) Funeral Home
18) Accessory Apartments
C. SPECIAL EXCEPTIONS
1) Day Care Center.
2) Cemeteries.
3) Communication and transmission facilities, including relay stations, transmission towers, and antennas.
4) School, hospital, church or any other institution of education, religious, philanthropic, fraternal or social nature which has two thousand (2,000) or more square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.
D. SPACE STANDARDS
Minimum lot size forresidential lots
which are not a part of a subdivision 60,000 sq.ft. per dwelling unit
Minimum lot area per dwelling unit for
residential subdivisions or multi- 60,000 sq.ft.
family housing
Minimum lot size for non- residential lots 60,000 sq.ft.**
Minimum street frontage 200 ft.*
Minimum front yard
*local street 50 ft.
*collector or arterial street 70 ft.
Minimum side and rear yard
*residential 20 ft.
*non-residential 50 ft.
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 "conventional" 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.
Notwithstanding the provision/ of this subsection D, 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 non-commercial conservation or historic purposes.
E. PERFORMANCE STANDARDS
The performance standards contained in Chapter II of the Code shall be fully observed.
SECTION IX - VILLAGE CENTERS DISTRICT
SUBSECTION 1. LITTLE FALLS VILLAGE CENTER DISTRICT
A. PURPOSE
To provide space within Little Falls Village for small, local, retail sales, commercial service, and office uses which are in keeping with the scale and character of the Village while minimizing the traffic problems and interruptions created by such development. In addition, the rehabilitation and reuse of existing structures is encouraged.
B. PERMITTED USES
1) Local retail stores (individual stores shall not have more than seven thousand (7,000) square feet of gross floor area).
2) Personal, business, and repair services.
3) Business and professional offices.
4) Residential uses including one-family dwellings, two-family dwellings, apartment buildings and multi-family housing but excluding mobile homes and trailers.
5) Municipal building or use.
6) Park or playground.
7) Accessory building or use including home occupations.
8) Rooming house.
9) Funeral home.
10) Place of public assembly, including indoor theater.
11) School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal, or social nature which is not used for residential purposes, which has less than two thousand (2,000) square feet of floor area and which generates less than two hundred (200) vehicle trips during any twenty-four hour period.
12) Public utility facilities including substations, pumping stations, and exchange buildings.
13) Drive-through service, as defined in Section V of this Chapter, when accessory to financial institutions.
C. SPECIAL EXCEPTIONS
1) Day Care Center.
2) School, hospital, church or any other institution of education, religious, philanthropic, fraternal or social nature which is not used for residential occupancy and has two thousand (2,000) or more square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.
D. SPACE STANDARDS
Minimum lot size: None*
Minimum area per dwelling unit: *
Minimum street frontage None*
Building setback: New buildings constructed in the Village Center District shall be located in such a manner as to maintain the established relationship of buildings to the street. No building shall be setback further than the average of the existing setbacks in the block in which the building is located or if an existing building is being demolished, than the pre-existing setback, whichever is greater.
Minimum side and rear yards: 10 feet* except as otherwise required by the buffer provisions of this Code.
Maximum building height: 35 feet
Maximum building coverage: None*
*Space standards for residential uses shall be the same as for those in the Urban Residential District.
E. PERFORMANCE STANDARDS
The performance standards contained in Chapter II of this Code shall apply and the following additional requirements shall be placed on uses within this district:
1) No portion of the lot in front of the front building line shall be used for off-street parking, service or loading.
2) The Planning Board may waive or reduce the off-street parking requirements if:
a) An existing building is being converted to another permitted use, or
b) Adequate off-street parking is available in public cooperative off-street parking facilities within 300 feet of the site.
3) The Planning Board may require that entrances to uses in this district be combined to the maximum extent possible.
4) Each building shall be limited to a maximum of one entrance and exit to Main Street at a point determined by the Planning Board.
SUBSECTION 2. GORHAM VILLAGE CENTER DISTRICT
A. PURPOSE
To provide space within Gorham Village for small, local, retail sales, commercial service, and office uses which are in keeping with the scale and character of the Village while minimizing the traffic problems and interruptions created by such development. In addition, the rehabilitation and reuse of existing structures is encouraged.
B. PERMITTED USES
1) Retail stores having less than seven thousand (7,000) square feet of floor area on any floor.
2) Personal, business, and repair services.
3) Business and professional offices.
4) Residential uses including one-family dwellings, two-family dwellings, apartment buildings and multi-family housing but excluding mobile homes and trailers.
5) Municipal building or use.
6) Park or playground.
7) Accessory building or use including home occupations.
8) Rooming house.
9) Funeral home.
10) Place of public assembly, including indoor theater.
11) School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal, or social nature which is not used for residential purposes, which has less than two thousand (2,000) square feet of floor area and which generates less than two hundred (200) vehicle trips during any twenty-four hour period.
12) Public utility facilities including substations, pumping stations, and exchange buildings.
13) Drive-through service, as defined in Section V of this Chapter, when accessory to financial institutions.
C. SPECIAL EXCEPTIONS
1) Day Care Center.
2) School, hospital, church or any other institution of education, religious, philanthropic, fraternal or social nature which is not used for residential occupancy and has two thousand (2,000) or more square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.
D. SPACE STANDARDS
Minimum lot size: None*
Minimum area per dwelling unit: *
Minimum street frontage None*
Building Setback: New buildings constructed in the Village Centers District shall be located in such a manner as to maintain the “village character” with respect to the relationship of buildings to the street. No building shall be setback further than the average of the existing setbacks in the block in which the building is located or if an existing building is being demolished, than the preexisting setback, whichever is less subject to the performance standards of Subsection E.
Minimum side and rear yards: 10 feet* except as otherwise required by the buffer provisions of this Code.
Maximum building height: 35 feet
Maximum building coverage: None*
*Space standards for residential uses shall be the same as for those in the Urban Residential District.
E. PERFORMANCE STANDARDS
All buildings, structures, and uses shall conform to the following additional performance standards:
- The general performance standards of Chapter II,
- The Site Plan approval criteria and standards of Chapter IV, Section IX where applicable, and
- The following additional performance standards
If there is conflict between the various standards of performance, the more restrictive provision shall apply.
1. Access into the Site
In addition to being safe and convenient, vehicular access into the site shall be designed to minimize traffic delays on the streets providing access to the site and shall meet the following requirements:
a. Entrances to uses in this district shall be combined to the maximum extent possible.
b. Each parcel having frontage on Main Street shall be limited to a maximum of one entrance from Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district. The Planning Board may further restrict access from Main Street when alternative access is available.
c. A parcel that does not have frontage on Main Street shall not be granted vehicular access from Main Street except in cases where:
1) Access will be provided through a combined entrance with another parcel, and
2) The Planning Board determines that the increased use will not have a negative impact on Main Street traffic flow.
2. Egress from the Site
Vehicular egress from the site shall be designed to minimize the impact on Main traffic and the degradation of the character of the village and shall meet the following requirements:
a. Exits from uses in this district shall be combined to the maximum extent possible.
b. The creation of new vehicle exits onto Main Street shall be permitted only if the Planning Board finds that no other reasonable alternative exists. In this case, each parcel shall be limited to a maximum of one exit onto Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district.
c. A parcel that does not have frontage on Main Street shall not be granted vehicular egress to Main Street except in cases where:
1) Egress will be provided through a combined exit with another parcel, and
2) The Planning Board determines that the increased use will not have a negative impact on Main Street traffic flow.
3. Vehicular Circulation Between Parking Lots
Provisions shall be made for the interconnection of non-residential parking lots on adjacent parcels where feasible and appropriate to allow vehicular circulation between lots without having to go onto the public street. Such interconnections shall be designed to minimize the potential for the parking areas to be used as a “short-cut” by traffic.
4. Parking Locations
Parking shall be designed to reinforce the “village character”. No off-street parking shall be located within any required front, side, or rear yard or setback. No portion of the lot in front of the front building line shall be used for off-street parking.
5. Reduction in Off-street Parking
The amount of off-street parking required by Chapter II, Section II may be reduced for uses in this district in accordance with the provisions of that section.
6. Relationship of the Building to the Street
Buildings shall be located on the lot in a manner that reinforces the “village character”. Where an established village scale setback relationship exists, a new building shall maintain the established relationship. The area between the front wall of the building and street shall be used for pedestrian amenities, walkways, and landscaping. For buildings on corner lots, the setback relationship of both streets shall be maintained where possible to avoid the creation of “empty corners.”
7. Pedestrian Relationships and Facilities
Where sidewalks exist or can be constructed in front of the parcel, the site shall be designed to provide for pedestrian access to the front entrance of the building without the need to cross parking areas or access drives. The walkway to the front entrance shall be constructed with materials that contrast with the paving of the vehicular areas, that provide a safe and inviting access to the building, and that are visually compatible with other pedestrian facilities in the neighborhood. If a sidewalk is interrupted or crossed by a proposed driveway, access road, or other vehicular facility, the sidewalk material or design must be maintained across the driveway or another visually compatible method used to clearly delineate the sidewalk from the drive.
8. Motor Vehicle Facilities and Services
The locations and design of facilities for motor vehicles including driveways, access roads, drive through facilities, and service areas shall be compatible with the “village character”. Vehicular and service facilities shall not be located between the building and the street. Access drives, driveways, and entrances or exits to drive through services shall not pass between the building and the sidewalk where a sidewalk exists or will be created. Overhead doors and service areas shall be located on the side or rear of the building and shall be screened from view from a public street. Drive through services shall be designed to keep vehicular activity to the side and/or rear of the building and shall prevent the queuing of vehicles between the building and the street or in other areas
where it is visually intrusive.
9. Street Facades
All buildings shall be designed so that the front wall of the building and any wall facing Main Street that is not a front wall have the visual appearance of a front facade. The façade shall incorporate pedestrian scale design features such as doors and windows to create a “village character”. Windows or architectural treatments designed to simulate windows shall comprise no less than twenty (20) percent of the exterior wall surface. The façade shall be designed to avoid large areas of blank wall space.
10. Signs
In addition to the requirements of Chapter II, Section III, all signs shall maintain the “village character”, be of a pedestrian scale, and shall be located to be visually compatible with the site and the building. All signs shall also comply with the following standards:
a) Freestanding signs shall be limited to a maximum height of eight (8) feet.
b) Signs shall not be located on roofs.
c) Attached or projecting signs shall not extend above the roofline for flat roofs or the ridge line of pitched roofs.
d) Internally illuminated signs shall be prohibited.
11. Roof Lines
Roofs shall be designed to maintain the “village character”. All new buildings and additions shall have pitched or gabled roofs to the extent practical. If a pitched roof is not practical, false building fronts shall be used to imitate pitched roofs. Accessory buildings, canopies, and other structures shall have roof lines that are visually compatible with the roof line of the principal building.
12. Building Materials
Buildings shall be compatible with the “village character”. The exterior surface of all facades that are visible from a public street shall use traditional New England materials or materials which replicate traditional materials such as vinyl clapboard siding, masonry units that replicate shake or clapboard siding, or metal or plastic roofing that simulates shake or shingle roofing. The use of flat concrete block, corrugated or flat metal, fiberglass, or plastic panels, reflective materials, stucco, or products such as T-111 or plywood on facades visible from public streets is not permitted. The treatment of accessory buildings and structures shall be compatible with the principal building and shall use similar materials, details, and level of trim.
13. Lighting
Exterior lighting shall be compatible with the “village character”. 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 following standards:
a) At a minimum, light fixtures shall have a total cutoff of light at no more than ninety (90) degrees and a beam cutoff of no more than seventy-five (75) degrees.
b) The illumination of parking lots shall provide for a uniformity ratio of not more than 4:1 (ratio of average to minimum illuminance) to provide for an even distribution of light.
c) The maximum illumination level within parking lots shall be not more than 6.0 footcandles measured at the ground surface.
d) The maximum illumination level at the property line with abutting properties in a residential district shall be not more than 0.2 footcandles.
e) The illumination of other areas and facilities may be greater than the level established for parking lots provided that the lighting level and design are consistent with the guidelines of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.
f) Building mounted or wall pack lighting fixtures that have lamps or reflectors that are exposed to angles greater than forty-five (45) degrees above nadir are prohibited.
g) The maximum light fixture height shall be twenty (20) feet.
h) Awnings shall not be illuminated in a manner that results in light being emitted through the awning material or that results in the awning appearing to be illuminated.
i) The color of light fixtures and poles shall be compatible with the “village character”. No colors intended to accent the fixtures or poles shall be permitted.
j) Lamps in exterior light fixtures shall be incandescent, metal halide, or high pressure sodium. Low pressure sodium lamps are prohibited.
k) The use of exterior string lighting shall be prohibited except as part of seasonal holiday displays.
l) Lighting that outlines the building or building features shall be prohibited.
m) Period or historical fixtures that do not meet these requirements may be used as an alternative to conventional lighting provided that if the fixtures are not cutoff fixtures the maximum initial lumens generated by each fixture shall not exceed 2,000 for incandescent lamps and 8,500 for metal halide lamps if the lamp is internally recessed within the fixture or is shielded by internal louvers or refractors and the mounting height shall not exceed fifteen (15) feet above the adjacent ground.
n) A photometric point by point analysis, on a grid no larger than 20 feet, shall be submitted to the Planning Board for review for all major developments requiring site plan review, applications involving increased security risks such as banks and ATM’s, and applications for uses regularly open after 9:00 PM. The grid shall extend to all project property boundaries.
SECTION X - URBAN COMMERCIAL DISTRICT
A. PURPOSE
To provide general sales, services and business space in the Town of Gorham. Within this district, the redevelopment of parcels in a manner that is consistent with the “village character” is encouraged.
B. PERMITTED USES
1) Any building or use listed under Section IX, Subsection B, Village Centers District.
2) Retail businesses and service establishments.
3) Accessory uses and buildings.
4). Municipal building or use.
5) Rooming house.
6) Funeral hone.
7) Place of public assembly, including indoor theater.
8) School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal, or social nature which is not used for residential occupancy which has less than two thousand (2,000) square feet of floor area and which generates less than two hundred (200) vehicle trips during any twenty-four hour period
9) Public utility facilities including substations, pumping stations, and exchange buildings.
10) Drive-through service which is accessory to a permitted use.
C. SPECIAL EXCEPTIONS
1) Day Care Center.
2) School, hospital, church or any other institution of education, religious, philanthropic, fraternal or social nature which is not used for residential occupancy which has two thousand (2,000) or more square feet of floor area or which generates two hundred (200) or more vehicle trips during any twenty-four hour period.
D. SPACE STANDARDS
1) Urban Commercial District:
Minimum lot size: None*
Minimum area per dwelling unit: *
Minimum street frontage: None*
Minimum front yard: 25 feet*
Minimum side and rear yards: 10 feet* except as otherwise required by the buffer provisions of this Code
Maximum building height: 35 feet*
Minimum open space: 25% of lot area.
*Except that space standards for residential uses shall be the same as for the Urban Residential District.
E. PERFORMANCE STANDARDS
All buildings, structures, and uses shall conform to the following additional performance standards:
- The general performance standards of Chapter II,
- The Site Plan approval criteria and standards of Chapter IV, Section IX where applicable, and
- The following additional performance standards
If there is conflict between the various standards of performance, the more restrictive provision shall apply.
1. Access into the Site
In addition to being safe and convenient, vehicular access into the site shall be designed to minimize traffic delays on the streets providing access to the site and shall meet the following requirements:
a. Entrances to uses in this district shall be combined to the maximum extent possible.
b. Each parcel having frontage on Main Street shall be limited to a maximum of one entrance from Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district. The Planning Board may further restrict access from Main Street when alternative access is available.
c. A parcel that does not have frontage on Main Street shall not be granted vehicular access from Main Street except in cases where:
1) Access will be provided through a combined entrance with another parcel, and
2) The Planning Board determines that the increased use will not have a negative impact on Main Street traffic flow
2. Egress from the Site
Vehicular egress from the site shall be designed to minimize the impact on Main Street traffic and the degradation of the character of the village and shall meet the following requirements:
a. Exits from uses in this district shall be combined to the maximum extent possible.
b. The creation of new vehicle exits onto Main Street shall be permitted only if the Planning Board finds that no other reasonable alternative exists. In this case, each parcel shall be limited to a maximum of one exit onto Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district.
c. A parcel that does not have frontage on Main Street shall not be granted vehicular egress to Main Street except in cases where:
1) Egress will be provided through a combined exit with another parcel, and
2) The Planning Board determines that the increased use will not have a negative impact on Main Street traffic flow.
3. Vehicular Circulation Between Parking Lots
Provisions shall be made for the interconnection of non-residential parking lots on adjacent parcels where feasible and appropriate to allow vehicular circulation between lots without having to go onto the public street. Such interconnections shall be designed to minimize the potential for the parking areas to be used as a “short cut” by traffic.
4. Parking Locations
Parking shall be designed to reinforce the “village character”. No off-street parking shall be located within any required front, side, or rear yard or setback. Along Main Street, no parking shall be located between the sidewalk and the wall of any building that is located within one hundred (100) feet of the Main Street property line. Along other streets, no parking shall be located between the sidewalk and the front wall of any building.
5. Reduction in Off-street Parking
The amount of off-street parking required by Chapter II, Section II may be reduced for uses in this district in accordance with the provisions of that section.
6. Relationship of the Building to the Street
Buildings shall be located on the lot in a manner that reinforces the “village character”. Where an established village scale setback relationship exists, a new building shall maintain the established relationship. If an established setback relationship does not exist, the building shall be located so that the front wall of the building is either:
a. Within thirty feet of the front property line, or
b. More than one hundred feet from the front property line
If the front wall of a building is located within thirty (30) feet of the property line, the area between the building and street shall be used for pedestrian amenities, walkways, and landscaping.
If the front wall of a building is located more than thirty feet from the property line, the street frontage shall be treated with structural elements, accessory buildings, and/or landscaping to establish a visual sense of a village scale setback.
For new buildings on corner lots, the setback relationship of both streets shall be maintained where possible to avoid the creation of “empty corners.”
7. Pedestrian Relationships and Facilities
Where sidewalks exist or can be constructed in front of the parcel, the site shall be designed to provide for pedestrian access to the front entrance of the building without the need to cross parking areas or access drives if the front wall of the building is located within one hundred (100) feet of the property line. The walkway to the front entrance shall be constructed with materials that contrast with the paving of the vehicular areas, that provide a safe and inviting access to the building, and that are visually compatible with other pedestrian facilities in the neighborhood. If a sidewalk along the street is interrupted or crossed by a proposed driveway, access road, or other vehicular facility, the sidewalk material or design must be maintained across the driveway or another visually compatible method used
to clearly delineate the sidewalk from the drive.
Provisions shall be made for pedestrian circulation between buildings and uses within a site or on adjacent parcels if the buildings do not have a direct relationship to the sidewalk or if the front wall of the building is located more than one hundred (100) feet from the property line.
8. Motor Vehicle Facilities and Services
The locations and design of facilities for motor vehicles including driveways, access roads, drive through facilities, and service and fueling areas shall be compatible with the “village character”. Service facilities shall not be located between the front wall of the building and the street or between the building and Main Street. Access drives, driveways, and entrances or exits to drive through services shall not pass between the front wall of the building and the sidewalk where a sidewalk exists or will be created if the building is located within one hundred (100) feet of the street. Overhead doors and service areas shall be located on the side or rear of the building and shall be screened from view from a public street. Facilities for the dispensing of fuel shall be located at
the side of the principal building. Drive through services shall be designed to keep vehicular activity to the side and/or rear of the building and shall prevent the queuing of vehicles between the front wall of the building and the street or in other areas where it is visually intrusive or creates traffic problems.
9. Street Facades
All buildings shall be designed so that the front wall of the building and any wall facing Main Street that is not a front wall have the visual appearance of a front facade. The facade shall incorporate pedestrian scale design features such as doors and windows to create a “village character”. Windows or architectural treatments designed to simulate windows shall comprise no less than twenty (20) percent of the exterior wall surface. The facade shall be designed to avoid large areas of blank wall space.
10. Signs
In addition to the requirements of Chapter II, Section III, all signs shall maintain the “village character”, be of a pedestrian scale, and shall be located to be visually compatible with the site and the building. All signs shall comply with the following standards:
a) Freestanding signs shall be limited to a maximum height of eight (8) feet.
b) Signs shall not be located on roofs.
c) Attached or projecting signs shall not extend above the roofline for flat roofs or the ridge line of pitched roofs.
d) Internally illuminated signs shall be prohibited.
11. Roof Lines
Roofs shall be designed to maintain the “village character”. All new buildings and additions shall have pitched or gabled roofs to the extent practical. If a pitched roof is not practical, false building fronts shall be used to imitate pitched roofs. Accessory buildings, canopies, and other structures shall have rooflines that are visually compatible with the roofline of the principal building.
12. Building Materials
Buildings shall be compatible with the “village character.” The exterior surface of all facades that are visible from a public street shall use traditional New England materials or materials which replicate traditional materials such as vinyl clapboard siding, masonry units that replicate shake or clapboard siding, or metal or plastic roofing that simulates shake or shingle roofing. The use of flat concrete block, corrugated or flat metal, fiberglass, or plastic panels, reflective materials, stucco, or products such as T-111 or plywood on facades visible from public streets is not permitted. The treatment of accessory buildings and structures shall be compatible with the principal building and shall use similar materials, details, and level of trim.
13. Lighting
Exterior lighting shall be compatible with the “village character”. Exterior lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety, and comfort in parking areas and to not cause glare beyond the limits of the property boundaries. Lighting shall also conform to the following standards:
a) At a minimum, light fixtures shall have a total cutoff of light at no more than ninety (90) degrees and a beam cutoff of no more than seventy-five (75) degrees.
b) The illumination of parking lots shall provide for a uniformity ratio of not more than 4:1 (ratio of average to minimum illuminance) to provide for an even distribution of light.
c) The maximum illumination level within parking lots shall be not more than 6.0 footcandles measured at the ground surface.
d) The maximum illumination level at the property line with abutting properties in a residential district shall be not more than 0.2 footcandles.
e) The lighting of canopies shall not be used to attract attention to the business. Areas under canopies shall be illuminated so that the uniformity ratio (ratio of average to minimum illuminance) shall be no greater than 3:1 with an average illumination level of not more than 30 foot candles.
f) Light fixtures located on canopies shall be mounted so that the lens cover is recessed or flush with the ceiling of the canopy.
g) The illumination of other areas and facilities may be greater than the level established for parking lots provided that the lighting level and design are consistent with the guidelines of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.
h) Building mounted or wall pack lighting fixtures that have lamps or reflectors that are exposed to angles greater than forty-five (45) degrees above nadir are prohibited.
i) The maximum light fixture height shall be twenty (20) feet for parking lots with less than twenty thousand (20,000) square feet of area, twenty-five (25) feet for parking lots with twenty thousand (20,000) to eighty thousand (80,000) square feet of area and thirty (30) feet for lots larger than eighty thousand (80,000) square feet.
j) Awnings shall not be illuminated in a manner that results in light being emitted through the awning material or that results in the awning appearing to be illuminated.
k) The color of light fixtures and poles shall be compatible with the “village character”. No colors intended to accent the fixtures or poles shall be permitted.
l) Lamps in exterior light fixtures shall be incandescent, metal halide, or high pressure sodium. Low pressure sodium lamps are prohibited.
m) The use of exterior string lighting shall be prohibited except as part of seasonal holiday displays.
n) Lighting that outlines the building or building features shall be prohibited.
o) Period or historical fixtures that do not meet these requirements may be used as an alternative to conventional lighting provided that if the fixtures are not cutoff fixtures the maximum initial lumens generated by each fixture shall not exceed 2,000 for incandescent lamps and 8,500 for metal halide lamps if the lamp is internally recessed within the fixture or is shielded by internal louvers or refractors and the mounting height shall not exceed fifteen (15) feet above the adjacent ground.
p) A photometric point by point analysis, on a grid no larger than 20 feet, shall be submitted to the Planning Board for review for all major developments requiring site plan review, applications involving increased security risks such as banks and ATM’s, and applications for uses regularly open after 9:00 PM. The grid shall extend to all project property boundaries.
SECTION XI - ROADSIDE COMMERCIAL DISTRICT
A. PURPOSE
To provide general sales, services and business space in the Town of Gorham.
B. PERMITTED USES
1) Any building or use listed under Section X, Subsection B and C, Urban Commercial District.
2) Auto-oriented businesses.
3) Accessory uses and buildings.
4) Used car lot.
5) Gasoline station and/or repair garage.
6) Public utility facilities including substations, pumping stations, and sewage treatments plants.
7) Light Industrial Uses of ten thousand (10,000) square feet or less of gross building floor area.
8) Commercial outdoor recreation facilities.
C. SPECIAL EXCEPTIONS
1) Mobile Vending Unit.
D. SPACE STANDARDS
Minimum lot size: None
Minimum area per dwelling
unit: *
Minimum street frontage: None*
Minimum front yard: 50 feet*
Minimum side and rear yards: 30 feet except as otherwise required by the buffer provision of this Code and except when the side and/or rear yards abut a residential district in which case a minimum of 30 feet for commercial uses
and 50 for light industrial uses or 50% of the building or outdoor stored material height, whichever is greater, shall be
required.
Maximum building height: None
Maximum building or outdoor
stored material coverage: None*
*Except that space standards for residential uses shall be the same as those of the Suburban District.
E. PERFORMANCE STANDARDS
The performance standards contained in Chapter II of this Code shall be fully observed.
SECTION XII - INDUSTRIAL DISTRICT
A. PURPOSE
To provide areas within the Town of Gorham for manufacturing, processing, treatment, research, warehousing and distribution and to which end all the performance standards set forth in this Code shall apply.
B. PERMITTED USES
1) Manufacturing, processing and treatment.
2) Warehousing and outdoor storage.
3) Road and rail distribution facilities.
4) Research facilities.
5) Wholesale businesses and wholesale business establishments, but excluding junk yards.
6) Accessory uses and buildings, including retail and service uses accessory to another permitted use and also including residential uses provided that there shall be no more than one residential unit on a property and such unit shall be resided in by an owner of the property, an employee of the industrial operation, or a person who serves as a security person. In the event that the principal industrial use or other permitted use terminates, than the accessory residential use shall also terminate.
7) Municipal and governmental uses.
8) Public utility facilities including substations, pumping stations and sewage treatment plants.
9) Mineral extraction.
C. SPECIAL EXCEPTIONS
1) (Reserved)
D. SPACE STANDARDS
Minimum area of lot None*
Minimum area per dwelling unit *
Minimum street frontage None*
Minimum front yards 50 feet
Minimum side and rear yards 30 ft.* except as otherwise required by the buffer provisions of this Code and except where the side and/or rear yards abut a residential district in which case a
minimum of 30 ft. or 50% of the building or outdoor stored material height, whichever is greater, shall be required.
Maximum building height None
Maximum building coverage None*
*Except that space standards for residential uses shall be the same as for the Suburban Residential and Rural Districts.
E. PERFORMANCE STANDARDS
The general performance standards contained in Chapter II of this Code shall be fully observed and the following additional standards shall be required of uses within this district.
1) There shall be no new access or curb cuts to Main Street, Libby Avenue or New Portland Road from any lots in the Industrial District, when an alternative access exists as of November 30, 1998, provided however, if no such alternative exists than there can be only one access or curb cut per lot in existence at the date of adoption of this ordinance. The Planning Board may allow additional access points onto Main Street or New Portland Road if the developer demonstrates that additional access would provide for better traffic circulation and improved traffic safety, without reducing the level of service on the main travel way..
2) Except where it abuts existing industrial zoned land, all land zoned industrial after November 30, 1998 shall have a “perimeter setback” of one hundred feet (100’), which shall be subject to the restrictions set out below. The Planning Board may reduce the perimeter setback by up to 50% if it finds that doing so would result in a better plan of development for the project site.
a) No portion of the “perimeter setback” shall be used for storage of equipment or inventory, service and loading, parking or any buildings or structures. Subject to Paragraph 1) above, access roads and utilities may cross the “perimeter setback” to provide access to and from a street but shall be designed to minimize the disruption of the “perimeter setback.” No direct access to parking stalls shall be provided from an access road located with in the “perimeter setback.”
b) A landscaped buffer area, as provided in Subparagraph 2) c) below, shall be designed and maintained within the “perimeter setback.”
c) 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 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. All such buffer areas shall be maintained for the life of the
project.
3) Fencing, screening, landscaped berms, natural features, or combination thereof, shall be utilized to shield from the view of abutting residential properties and public ways, along the perimeter setback of the Industrial District, all loading and unloading operations, storage and repair work areas, commercial vehicle parking, and waste disposal and collection areas.
Effective date: Notwithstanding any law to the contrary, this ordinance amendment shall take effect as of (November 30, 1998.)
SECTION XIII - COMMERCIAL/OFFICE DISTRICT
A. PURPOSE
To provide areas in the Town of Gorham which accommodate a suitable mix of retail commercial businesses and professional offices in a manner which maintains the attractiveness of the major entrances to Gorham, protects the physical environment, maintains the traffic capacity of existing major roads and protects abutting property owners.
B. PERMITTED USES
1) Retail Stores
2) Service establishments
3) Personal services
4) Business and professional offices and professional out-patient clinics
5) Shopping centers
6) Municipal buildings or uses
7) Park or playground
8) Rooming house
9) Funeral home
10) Places of public assembly, including indoor theater
11) School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal, or social nature which is not used for residential purposes, which has less than two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicles trips during any twenty-four hour period.
12) Public and private utility facilities, including substations, pumping station(s) and treatment facilities.
13) Drive-through service which is accessory to a permitted use
14) Accessory buildings and uses
15) Residential uses, including one-family dwellings, two-family dwellings, apartment buildings and multi-family housing
16) Day Care Homes as Home Occupations
C. SPECIAL EXCEPTIONS
1) Day Care Centers
2) School, hospital, church or any other institution of educational, religious, philanthropic, fraternal or social nature which is not used for residential occupancy which has two thousand (2,000) or more square feet of floor area or which generates two hundred (200) or more vehicle trips during any twenty-four hour period.
D. SPACE STANDARDS
1) Residential Uses
Standards for residential uses shall be the same as the standards of the Suburban Residential District.
2) Non-Residential Uses
Standards for non-residential uses shall be as follows:
Minimum lot size 60,000 square feet
Minimum street frontage 200 feet
Minimum front yard - local or
collector street 50 feet or two (2) times the
building height, whichever is greater
Minimum front yard - arterial street 80 feet or three (3) times the
building height, whichever is greater
Minimum side and rear yard 50 feet or two (2) times the
building height, whichever is greater
Maximum building height 35 feet
Maximum floor area ratio 0.35
Minimum landscaped buffer on any
side abutting an arterial street 50 feet
Minimum landscaped buffer on any
side abutting a collector or
local street 25 feet
E. PERFORMANCE STANDARDS
The following performance standards shall apply in addition to the standards contained in Chapter II of this ordinance:
1) All non-residential uses shall be supplied with public water service.
2) All non-residential uses which generate a design sewerage flow in accordance with the Maine State Plumbing Code of more than 3,000 gallons per day shall be serviced with public sewer.
3) A landscaped buffer area shall be designed and maintained to minimize the adverse impact on abutting properties and the public and to soften the appearance of the structure(s) and in particular, to minimize the adverse impact on any structures which exist on abutting lots located outside this district, which structures exist as of the date of enactment of this zoning ordinance amendment on September 17, 1996. No building, parking or service areas shall be located in the buffer area. Access roads may cross the buffer area to provide access to and from a street, but shall be designed to minimize the disruption of the buffer area. No direct access to parking stalls shall be provided from an access road located in a buffer area.
4) Projects involving more than one building shall provide an internal circulation system to minimize entrances to the project.
5) Parking lots shall have internal landscape islands designed to reinforce the desired circulation pattern and to provide a visual break and buffer.
6) The location of all entrances to a collector or arterial street shall meet the minimum sight distance requirements of the Maine Department of Transportation for the posted speed limit.
7) All non-residential uses shall be served by underground utilities.
8) All principal buildings and structures for non-residential purposes shall be of traditional New England Village design to be compatible with the predominant scale and character of the existing Gorham Village architecture
SECTION XIV - OFFICE-RESIDENTIAL DISTRICT
A. PURPOSE
To provide space within the Town of Gorham for a mixture of residential uses and business and professional offices in close proximity to the existing commercial areas of the Town. These office uses are intended to be in keeping with the existing character and scale of the area. The reuse and rehabilitation of existing structures is encouraged for new office uses.
B. PERMITTED USES
1) Any building or use identified as a permitted use in the Urban Residential District under Section VI, Subsection B of this Chapter.
2) Business and professional offices.
3) Drive-through service, as defined in Section V or this Chapter, when accessory to financial institutions.
C. SPECIAL EXCEPTIONS
1) Any building or use identified as a special exception in the Urban Residential District under Section VI, Subsection C of this Chapter.
D. SPACE STANDARDS FOR RESIDENTIAL AND ACCESSORY RESIDENTIAL USES
The standards set forth at Section VI, Subsection D, Urban Residential District, of this Chapter shall apply to all residential and accessory residential uses in this district.
E. SPACE STANDARDS FOR NON_RESIDENTIAL USES
A structure existing at the date of adoption of this Section that does not conform to any of the following space standards may be converted or rehabilitated to an allowed non-residential use, provided that such conversion involves no exterior enlargement of the existing structure or additional area for vehicular parking or access. Conversions involving exterior enlargement or additional parking or access areas shall adhere to all applicable space standards.
Minimum lot size 20,000 square feet
Minimum street frontage 80 feet
Building setback New buildings constructed in this district shall be located in such a manner as to maintain the relationship to the street established by existing neighboring structures. Where no such relationship exists, the minimum setback shall be 40 feet.
Minimum side and rear yards 20 feet
Maximum building height 30 feet or two stories, whichever is less.
Maximum floor area ratio 0.15
Maximum impervious coverage ratio 0.40
Maximum gross floor area
per each principal structure 8,000 square feet
Maximum gross floor area per lot 20,000 square feet
F. PERFORMANCE STANDARDS
The performance standards contained in Chapter II of this Code shall be fully observed, with the following additional restrictions or allowances to be placed on uses within this district.
1) No portion of lot in front of the front building line shall be used for off-street parking, service, or loading.
2) All new non-residential uses shall be supplied with public water service.
3) All lots that generate a design sewerage flow, calculated in accordance with the Maine State Plumbing Code, of more than 3,000 gallons per day shall be serviced by public sewer.
4) The Planning Board may waive or reduce the off-street parking requirements of Chapter II, Section II, Subsection A of this Code if:
a) An existing building is being converted to another permitted or special exception use, or
b) Adequate off-street parking is available in public or cooperative off-street parking facilities within 300 feet of the site.
5) Any parking lot shall have a maximum of 32 parking spaces. Adjacent parking lots shall be separated by a landscaped buffer strip at least 25 feet wide.
6) No portion of a required rear or side yard may be used for parking if such yard abuts a residential zone or use.
7) For non-residential uses, the required front setback, side yard, and rear yard shall be maintained as landscaped buffer areas. These areas shall be vegetated and designed to minimize any adverse effects on aesthetic or environmental qualities as perceived by abutting properties and the public, and to screen or mitigate the appearance of such non-residential uses. No building, parking, or service areas are to be located in the buffer areas. Access roads may cross buffer areas to provide access to and from a street but shall be designed to minimize the disruption of the buffer areas. No parking shall be permitted along the segment of an access road that crosses a buffer area.
Where principal structure(s) in non-residential use would occur on the same lot with principal structure(s) in residential use, such structures shall be separated by a minimum of 35 linear feet of landscaped buffer area.
8) Projects involving more than one principal building shall provide an internal circulation system to minimize entrances to the project.
9) To minimize vehicle turning conflicts and traffic congestion, the Planning Board may require that entrances to uses in this district be combined to the maximum extent possible.
10) To minimize vehicle turning conflicts and traffic congestion, the Planning Board may limit each building to one point of street entrance and exit at a point determined by the Board.
11) No new access road shall be created that will provide vehicular access to Main Street from property lacking Main Street frontage.
12) All new non-residential uses, if subject to site Plan Review under Chapter IV of this Code, shall also be subject to review by a local Architectural Review Board, from the time such a Board has been established.
SECTION XV - MANUFACTURED HOUSING PARK OVERLAY DISTRICT
A. PURPOSE
To allow a number of environmentally suitable locations in Town for the expansion of existing manufactured home parks and the development of new manufactured home parks in accordance with M.R.S.A. Title 30-A, Section 4358. A manufactured housing park shall be defined as parcel of land under unified ownership approved by the municipality for the placement of three (3) or more manufactured homes.
B. SELECTION CRITERIA
The following criteria shall be used in selection of manufactured home park overlay districts.
a. Expansion of existing Manufactured Home Parks
b. Environmental suitability
c. Proximity to municipal services (including public sewer and water or likelihood the area will be served by public sewer and water in the future)
d. Areas that can be adequately buffered
e. Areas served by roads adequate to accommodate additional traffic.
C. PERMITTED USES
1. Any building or use identified as a permitted use in the underlying district
2. Manufactured home parks as defined, subject to subdivision review by the Planning Board.
D. SPECIAL EXCEPTION
1. Any building or use identified as a special exception in the underlying district.
E. SPACE STANDARDS FOR MANUFACTURED HOME PARKS
1. Minimum lot size:
Lots served by public sewer 6,500 square feet
Lots served by individual
subsurface waste disposal system 20,000 square feet
2. Minimum lot width:
Lots served by public sewer 50 feet
Lots served by individual
sub-surface waste disposal systems 100 feet
F. PERFORMANCE STANDARDS FOR MANUFACTURED HOME PARKS
1. Open Space reservation
a. For sewered project, an area no less than 10% of the project area shall be set aside as open space.
b. Such space shall be accessible and usable by all residents of the park. Parking space, driveways and buffer areas are not considered usable open space.
c. For all manufactured home parks proposals, dedication of open space is strongly encouraged.
2. Buffering
a. A 50-foot wide buffer strip shall be provided along all property boundaries that:
1) Abut residential land which has a gross density of less than half of that proposed in the park.
2) Abut residential land that is zoned at a density of less than half of that proposed in the park.
b. The buffer shall not have within it any structures or utilities, except utilities may cross the buffer.
c. Reasonable natural screening requirements shall be required for the first 25 feet of a buffer as measured from the external boundary of the park.
d. Substantial buffering and screening are strongly encouraged for all proposed manufactured home parks.
3. Groundwater impact
a. For unsewered manufactured home park proposals, the person or firm developing or expanding a manufactured housing park shall have the burden of proof of demonstrating that the development shall not pollute a public water source or aquifer or violate any provision of State law relating to land use development, subdivision or use.
4. Streets and Traffic
a. All streets within a park shall be designed by a Professional Engineer, registered in the State of Maine, and shall be built according to accepted engineering standards.
b. No manufactured home lot shall have vehicle access onto a State highway or other access limited road.
c. A traffic impact analysis shall be required if the park will generate more than 200 vehicle trips per day.
d. For parks expected to generate 200 vehicle trips per day or more, there shall be at least two entrances from public streets or roads.
G. OTHER REQUIREMENTS
1. No lot in a manufactured home park created under this provision shall be sold or conveyed without the prior approval of the Planning Board. Any such lot sold or conveyed shall meet the lot requirements and other standards of the district in which it is located.
2. Manufactured homes or manufactured home lot development shall not be permitted within 250 feet of the Presumpscot River, including North Gorham and Dundee Ponds and of the Little River below its convergence with Martin Brook.
3. The requirements and standards of the Town's Mobile Home Park Ordinance shall also be applied to the expansion and development of manufactured housing parks under this section. However, in the case of conflicting requirements or standards, the provisions of this section, State law and the Town's subdivision regulations shall control.
4. The requirements and standards of the Chapter II, Section VII of the Land Use and Development Code, "Installation of Manufactured Housing Units," shall also be applied to the expansion and development of manufactured housing parks under this section. However, in the case of conflicting requirements or standards, the provisions of State law shall control.
SECTION XVI - NARRAGANSETT DEVELOPMENT DISTRICT
A. PURPOSE
To allow a wide range of non-residential uses subject to performance standards with the following objectives:
1) Promote innovative and attractive non-residential planned development;
2) Promote good quality commercial, light industrial, and specialty enterprises which produce sustainable growth in the economic base and job opportunities;
3) Promote efficient use of land and of such public facilities as streets and utilities:
4) Promote commercial development which complements uses within Gorham Village and is compatible in respect to the character and scale of Gorham Village.
B. PERMITTED USES
1) Commercial/Light Industrial Uses
a) Retail stores;
b) Shopping centers;
c) Drive-through services;
d) Motels;
e) Business or professional offices;
f) Research and development laboratories, which are exclusively located indoors;
g) Production, fabrication, processing, assembling, packing, storing and distribution of:
1) Precision electrical or precision mechanical equipment;
2) Optical goods, business machines, precision instruments, surgical and dental instruments;
3) Pharmaceutical, toiletry and cosmetics
4) Any other use of the same general character as any of the uses listed above.
h) Printing, engraving, bookbinding and other similar services;
i) Offices for executive, administrative and data processing activities.
2) Other Uses
a) Mini park facilities;
b) Indoor recreational facilities;
c) Utility substations;
d) Schools, day care homes and centers, nursery schools, hospitals, churches or any other institutions of an educational, philanthropic, fraternal or social nature;
e) Uses and buildings that are accessory to the above-mentioned uses, including parking lots, are also permitted uses.
C. DIMENSIONAL STANDARDS
1) Net Acreage - The density of all developments shall be based on the established net acreage of the proposed site. Net acreage shall be determined in accordance with Chapter I., Section V. (Net Acreage). Deductions under this net acreage provision shall be subtracted from the gross acreage of the proposed site.
2) Non-residential Density - The total gross floor area of all the non-residential uses shall not exceed thirty percent (30%) of the net acreage of the parcel dedicated to such uses. No more than seventy percent (70%) of the net acreage of the non-residential parcel may be covered with buildings, structures, accessory uses such as parking lots and other impervious surfaces.
3) Dedicated open space - Developments shall reserve thirty percent (30%) of the gross acreage as dedicated open space, excluding landscaping and buffer yard requirements.
4) Non-residential Space Standards
a) Minimum lot size - Fifty thousand (50,000) square feet.
b) Minimum street frontage - One hundred, fifty (150) feet.
c) Minimum front yard - 80 feet or three (3) times the building height whichever is greater.
d) Minimum side and rear yard - 50 feet or two (2) times the building height whichever is greater.
e) Maximum building height - 50 feet or four stories, whichever is less.
5) Residential Space Standards - Space standards for existing residential uses shall be the same as for the Suburban Residential District.
D. PERFORMANCE STANDARDS
1) Buffer yards
a) Screening of non-residential uses - Non-residential uses shall be screened from adjacent residential zoning districts and developments by a buffer yard of twenty (20) feet in width containing at least three (3) canopy trees, six (6) understory trees and nine (9) shrubs per one hundred (100) feet of length along the perimeter of the lot line adjacent to the residential use.
b) Screening along public roadways - Development adjacent to public roadways shall be screened as follows:
1) Abutting an arterial or collector street - A buffer yard of ten (10) feet in width containing at least one (1) canopy tree, two (2) understory trees, and three (3) shrubs per one hundred (100) feet of frontage.
2) Abutting a local street and facing non-residential uses - A buffer yard of ten (10) feet in width containing at least one (1) canopy tree per one hundred (100) feet of frontage.
3) Abutting a public street and facing residential use - A buffer yard of fifteen (15) feet in width containing at least two (2) canopy trees, four (4) understory trees and six (6) shrubs per one hundred (100) feet of frontage.
c) Canopy trees shall be deciduous or shade or evergreen trees planted at 3 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 2 to 2 1/2 inches in caliper with a mature height of at last 12 feet.
d) Alternative buffers and screening - In lieu of compliance with the above buffer yard and screening requirements, a developer may submit a detailed plan and specifications for landscaping and screening which will afford a degree of buffering and screening equivalent to or exceeding that provided by the above requirements.
e) Parking lot landscaping - At least ten percent (10%) of the interior surface of any parking area containing twenty (20) or more parking spaces shall consist of landscaped islands which shall be composed of shrubs and trees and other landscaping materials. The interior surface of a parking area shall be derived by computing the area within the general perimeter of contiguous areas containing parking spaces, maneuvering areas behind the spaces and landscaping areas within such perimeter, except that required setback areas and required buffers shall not be included in the interior area computation.
f) Screening of refuse collection 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 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.
g) Maintenance of landscaping - All required landscaping and screening shall be maintained or replanted as necessary so as to continue its effectiveness.
E. DENSITY BONUS PROVISIONS AND STANDARDS
A maximum density bonus of thirty percent (30%) for non-residential uses shall be granted by the Planning Board if the proposed density bonuses promote the purposes of said district. Density bonuses shall be applied to gross floor area and maximum impervious surface requirements.
1) Parking - Placement of bilevel parking garages or ground-level lots behind structures effectively concealing these parking areas from the street shall qualify for a bonus of fifteen percent (15%) above the allowable base density.
2) Traditional architecture - Developing a site design which incorporates a traditional village scale, massing and streetscape compatible with historic Gorham Village shall qualify for a bonus of ten percent (10%) above the allowable base density.
3) Dedicated open space/mini park facilities - Increasing the dedicated open space area by a minimum of ten percent (10%) of the total gross acreage of the tract shall qualify for a bonus of five percent (5%) above the allowable base density.
4) Bike paths/greenway systems - Providing for convenient and safe pedestrian and bicycle access to and within the development shall qualify for a bonus of five percent (5%) above the allowable base density.
5) Day care - Development of a public use day care facility for children of employees shall qualify for a bonus of up to five percent (5%) above the allowable base density. The developer must enter into a binding agreement with the town to dedicate the facility for day care and to provide a viable management and operations structure.
6) Public transportation/public transit - Providing public transportation to town residents shall qualify for a bonus of up to five percent (5%) above the allowable base density.
7) Public art - Use of art features such as sculptures, special landscaping, fountains, and murals which lend identity and individuality to the development in a positive manner shall qualify for a bonus of up to five percent (5%) above the allowable base density on a per square-foot basis.
SECTION XVII - BLACK BROOK AND BRACKETT ROAD SPECIAL PROTECTION DISTRICT
A. PURPOSE
The purpose of this subsection is to further the maintenance of safe and healthful conditions; to prevent and control groundwater pollution and the migration of groundwater pollution; to ensure that new and existing development in this district has safe water for consumption and use; to prevent activities that might disrupt ground water remediation activities or water quality monitoring activities; to prevent the possibility of abandoned wells providing a means for contaminants to enter the ground water; and to anticipate the impact of further development within this district.
B. APPLICABILITY
The Black Brook and Brackett Roads Special Protection District applies to the area designated on the Zoning Map as the Black Brook and Brackett Roads Special Protection District. The restrictions of this district are in addition to any restrictions found in other sections of this Code or other State and local laws or regulations.
C. PROHIBITED ACTIVITIES
The following restrictions shall apply in the Special Protection District after the effective date of this ordinance.
1. The drilling of any new residential, commercial, industrial or other water supply wells is not allowed.
2. The removal of ground water by any new commercial, residential, or industrial development is not allowed.
3. Significant increases in withdrawal of ground water from existing wells within the Special Protection District are prohibited without written approval of the Maine Department of Environmental Protection.
4. Blasting, except by the Portland Water District contractors or anyone authorized or approved by the Portland Water District to do such work, pursuant to conditions established by the Portland Water District, for the purpose of extending a water main, is not allowed.
5. Hydraulic fracturing, overpumping, blasting or pressure intensive methods to increase the yield of existing wells are not allowed.
6. No waste water disposal system with a capacity of over 1,000 gallons per day is allowed.
7. Any activity that might disrupt remedial ground water activities or water quality monitoring activities in the Remedial Activities Area, as defined on the zoning overlay map, is prohibited.
D. DEVELOPMENT TO EXTEND PUBLIC WATER
Any application for a subdivision, residential structure or development, except the development of accessory buildings, that occurs after March 14, 2000 within this Special Protection District must provide public water, at the developers expense, from a public water supply by extending a water main pursuant to the conditions established by the Portland Water District and within the restrictions established by this section, unless the developer of the lot can demonstrate to the Town that it will comply with the requirements set forth below.
Where the developer of a lot within the district proposes to supply water from a private source located outside this Special Protection District, or from an existing private water supply located within the District, the developer shall not undertake any activity prohibited in Subsection C in developing the required infrastructure to bring the water to the lot. The developer shall also provide to the Town satisfactory evidence that the private water supply complies with all applicable State and local requirements and that the Maine Department of Environmental Protection has reviewed the proposal and has made written recommendations concerning any proposed shared use of an existing private water supply located within the District. In the event that the MDEP recommends that any conditions be placed upon a shared
existing water supply, the CEO shall include such conditions on any building permits issued for structures that will share the water supply. Any work undertaken and any required studies shall be at the sole expense of the developer.
E. ABANDONMENT OF WELLS
1. Applicability: These provisions shall apply to all wells abandoned after the effective date of this ordinance.
2. Notification of Department of Environmental Protection: The Maine Department of Environmental Protection shall be notified prior to abandoning any wells in the Special Protection District.
3. Sealing: Abandoned wells or boreholes shall be sealed in a manner appropriate to prevent the entry of contaminants and from the mixing of waters from separate fractures. Well casings shall not be removed without the borehole in bedrock having been permanently sealed, using practices currently accepted by the water well industry.
4. Open borehole filling: Open boreholes shall be filled in a manner appropriate to prevent the possibility of personal injury.
F. ENFORCEMENT AND VIOLATIONS
The Code Enforcement Officer is authorized to enforce violations of this Section in accordance with the provisions set forth in Title 30-A, M.R.S.A., Section 4452.
G. CONFLICT WITH OTHER ORDINANCES
Wherever the requirements of this Section are inconsistent with the requirements of any other ordinance or statute, the more restrictive requirement shall apply.
H. SEPARABILITY
In the event that any section, subsection or any portion of this Code shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or other portion of this Code. The provisions of this Code are hereby declared to be severable.
I. EXPIRATION
The provisions of this ordinance shall expire on December 5, 2003 unless extended by the Gorham Town council upon recommendation of the Planning Board and the Maine Department of Environmental Protection
Effective Date: Notwithstanding any provisions of law to the contrary, this Ordinance upon passage, shall be effective as of March 14, 2000.
CHAPTER 1A - PLANNED UNIT DEVELOPMENT
SECTION I - PURPOSE
To allow, upon detailed application based on extensive and intensive advanced planning, and after specific "Required Findings" by the Gorham Town Council in accordance with Section V-E of this chapter, the creation of Planned Unit Developments of mixed uses within any of the zoning districts named in Chapter I, Section I-B, of this Land Use and Development Code, with the following goals:
A. Reduced dependency on standard dimensional requirements without reduction in open space provisions.
B. Conservation of natural features and resources, and the character of existing landscape and natural systems.
C. Efficient use of land and of such public facilities as streets and utilities.
D. Innovative, interesting, and attractive combinations of commercial, industrial, professional, and residential uses.
E. Energy conservation through design, layout, and orientation of structures.
F. Site-sensitive approaches to design and layout with innovation and variety in type of structures.
G. Possible allowance of increased density of occupancy in exchange for intensive planning pursuant to this chapter.
SECTION II - PERMITTED USES
A. Planned unit developments shall permit the following uses, which shall be subject to the Performance Standards set forth in the Land use and Development Code:
1. Residential Uses
a. detached single-family dwellings;
b. two family dwellings (duplex);
c. attached single-family dwellings or townhouse units;
d. multi-family housing or apartment buildings;
e. manufactured housing
2. Commercial/Light Industrial Uses
a. retail stores;
b. personal services:
c. drive-through services, excluding drive-through restaurants and gasoline stations and/or repair garages;
d. motels
e. business or professional offices;
f. research and development laboratories, including research and development of manufactured, processed or compounded products. Research and development laboratories shall consist only of buildings and structures containing facilities and equipment as may be required for the purposes of such laboratories, including pilot experimental facilities;
g. manufacture, production, fabrication, processing, assembling, packing, storing and distribution of:
1) Precision-electrical or precision-mechanical equipment;
2) Optical goods, business machines, precision instruments, surgical and dental instruments;
3) Pharmaceutical, toiletry, and cosmetics;
4) Any other use of the same general character as any of the uses listed above;
h. printing, engraving, bookbinding and other similar services;
i. offices for executive, administrative and data processing activities.
j. accessory uses and buildings.
3. Other Uses
a. recreation or park facilities open to the public;
b. private recreation facilities;
c. municipal buildings or uses;
d. congregate living facilities;
e. nursing homes;
f. utilities;
g. schools, day care homes and centers, nursery schools, hospitals, churches or any other institutions of an educational, philanthropic, fraternal or social nature;
h. golf courses; and
i. cemeteries.
Uses and buildings that are accessory to the above mentioned uses, including parking lots, are also permitted uses.
B. A proposed planned unit development with one or more of the "residential uses" listed in subsection II.A.l. shall be required to contain at least one of the "commercial/light industrial uses" listed in subsection II.A.2. and at least one of the "Other Uses" listed in subsection II.A.3.
C. A proposed planned unit development with one or more of the "commercial/light industrial uses" listed in subsection II.A.2 shall be required to also contain at least one of the "Other Uses" listed in subsection II.A.3.
D. No more than 70% and no less than 20% of the established net acreage of the PUD shall be devoted to any one of the permitted use categories in Section II.A. of this chapter and which are required to be contained in such PUD pursuant to Sections II.B. and II.C. above.
SECTION III - STANDARDS
A. Planned unit developments shall contain not less than twenty (20) acres.
B. Planned unit developments shall be served by public sewer and public water. Public sewer shall mean the two municipal sewer systems.
C. The standards set forth in Chapter II, Section I (General Standards of Performance - Environmental) and of Chapter II, Section V (Site Design Standards) shall be met, where relevant. The Town Council may waive any of the requirements contained in said sections in accordance with the provisions of Section VII of this Chapter.
D. Allowable base density
1. Net acreage
The density of all PUDs shall be based on the established net acreage of the proposed PUD site. Net acreage shall be determined in accordance with Chapter I, Section V (Net Acreage). Deductions under this net acreage provision shall be subtracted from the gross acreage of the proposed PUD. The net acreage shall be further reduced if after determination of residential and/or non-residential densities, the proposed PUD does not meet the 30% open space requirement of Section III.F.
2. Residential Density
Net area dedicated for residential uses shall be established by determining the portion of the net area to be used for residential uses, as defined in Section II, Subsection A. Maximum numbers of dwelling units per acre dedicated to residential uses, by underlying zoning district are as follows:
With public
District sewer and water
Urban Residential, 5.5
Office-Residential,
Village Centers,
Urban Commercial
Suburban Residential 5.5
Roadside Office,
Roadside Commercial,
Industrial
Rural Not Allowed
3. Non-residential Density
The total gross floor area of the non-residential uses set forth in Section II of this chapter shall not exceed thirty percent (30%) of the net acreage of the parcel dedicated to such uses. No more than seventy percent (70%) of the net acreage of the non-residential parcel may be covered with buildings, structures, accessory uses such as parking lots and other impervious surfaces.
E. Affordable Housing
1. A minimum of five percent (5%) of any proposed rental or owner-occupied housing units shall be reserved for occupancy by low and moderate income households. The monthly rental or mortgage payments for these housing units shall not exceed 30% of the low and moderate income household's gross monthly income. For the purposes of this chapter, low and moderate income households shall mean households with incomes of less than or equal to 80% of the area median income, adjusted by family size, as established by the Maine State Housing Authority, the Department of Economic and Community Development.
2. The housing units reserved for low and moderate income households shall be identical in external design and construction to the other units in the project and shall be integrated throughout the planned unit development. The developer must enter into a binding agreement with the town to maintain the affordability of these reserved housing units.
F. Open space
1. Planned unit developments shall reserve not less than thirty percent (30%) of the gross acreage as dedicated open space.
2. In addition to the open space required in Section III.F.1. of this chapter, multi-family residential development in the planned unit development shall provide private and common outdoor space in conformance with the requirements of Chapter II, Subsections IV.B.7. and 8. (Performance Standards for Multi-Family Housing).
3. Provision and maintenance of open space provided pursuant to the preceding two subsections shall comply with the following requirements:
(a) Open space shall have adequate access, shape, size, dimension, character, location and topography to promote the purposes set forth in Section I of this chapter.
(b) There shall be no further subdivision or development of this dedicated open space land.
(c) Open space land shall be subject to a conservation easement or an agreement with the Town for its preservation as open space or in the alternative shall be deeded as follows:
(i) To the town or state for recreational or conservation purposes;
(ii) To a private non-profit association or land trust legally constituted for conservation purposes; or
(iii) To a community association consisting of the residents or owners of the development for open space purposes.
(d) The following shall be required if any or all of the open space is to be deeded to a community association consisting of the residents or owners of the development:
(i) The formation and incorporation by the developer of one or more appropriate community associations shall be required prior to site plan approval;
(ii) Covenants for mandatory membership in the association setting forth the owner's rights, interests, and privileges in the association and the common land, shall be reviewed by the Town Attorney and approved by the Planning Board and included in the deed for each lot or unit;
(iii) The community association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities and lands;
(iv) The association shall levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities; and
(v) The developer shall maintain control of such open space and be responsible for its maintenance until development sufficient to support the association has taken Place.
4. If the planned unit development is developed in phases, the provision of open space shall be phased with the construction of improvements to insure that a proportionate share of the total dedicated open space is preserved with each phase.
5. Open space shall be defined as lands permanently dedicated for one or more of the following uses: agricultural cultivation or grazing, gardening, forestry, natural resource conservation, wetland preservation, wildlife habitat, undeveloped park land, scenic preservation, outdoor recreation or common open space areas, including significant buffer yards, that are part of an integrated or interconnected open space system. Lands dedicated for use as recreation or park facilities open to the public or as private recreation facilities pursuant to Section II.A.3 shall be included in open space and counted toward the open space requirement. At least fifty percent (50%) of the open space designated to satisfy the minimum dedicated open space requirement shall be land suitable
for development as determined by accordance with Chapter I, Section V. Streets and other impervious surface areas shall be excluded from the calculation of the minimum dedicated open space requirement; however, lands occupied by paved bicycle paths or similar common recreational facilities, not including tennis courts or buildings, may be counted as dedicated open space provided such impervious surfaces constitute no more than five percent (5%) of the total required dedicated open space. For the purposes of this subsection, "significant buffer yards" shall be large enough to be considered as usable open space and shall have a minimum dimension of 15 feet and a minimum area of 825 square feet.
G. Off-street parking
1. The number, design and construction of parking spaces, lots, bays and drives shall conform to the applicable requirements of Chapter II, Section II (Parking, Loading, and Traffic). The Planning Board may waive this requirement if it determines that the proposed off-street parking scheme will adequately meet the parking needs of the proposed development.
H. Buffer yards
1. Screening of non-residential uses - In addition to the requirements of Chapter II, Section I (General Standards of Performance - Buffer Areas), non-residential uses shall be screened from residential uses within and abutting the planned unit development by a buffer yard of twenty (20) feet in width containing at least three (3) canopy trees, six (6) understory trees and nine (9) shrubs per one hundred (100) feet of length along the perimeter of the lot line abutting the residential use. The Town Council may waive this requirement in accordance with the provisions of Section VII of this chapter.
2. Screening along Public roadways - Uses within the planned unit development which abut public roadways shall be screened as follows:
(a) Residential uses
(i) Abutting an Arterial Street - A buffer yard of twenty (20) feet in width containing at least five (5) canopy trees, ten (10) understory trees and fifteen (15) shrubs per one hundred (100) feet of frontage.
(ii) Abutting a Collector Street - A buffer yard of fifteen (15) feet in width containing at least two (2) canopy trees, four (4) understory trees and six (6) shrubs per one hundred (100) feet of frontage.
(iii) Abutting a Local Street - A buffer yard of ten (10) feet in width containing at least one (1) canopy tree per one hundred (100) feet of frontage.
(b) Non-Residential uses
(i) Abutting an Arterial or Collector Street - A buffer yard of ten (10) feet in width containing at least one (1) canopy tree, two (2) understory trees, and three (3) shrubs per one hundred (100) feet of frontage.
(ii) Abutting a Local Street and Facing Non_Residential Use - A buffer yard of ten (10) feet in width containing at least one (1) canopy tree per one hundred (100) feet of frontage.
iii) Abutting a Public Street and Facing Residential Use - A buffer yard of fifteen (15) feet in width containing at least two (2) canopy trees, four (4) understory trees and six (6) shrubs per one hundred (100) feet of frontage.
3. Canopy trees shall be deciduous shade or evergreen trees planted at 3 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 2 to 2 1/2 inches in caliper with a mature height of at least 12 feet.
4. Existing Vegetation
Notwithstanding the foregoing, existing vegetation shall be retained and maintained to the extent possible so as to permit such vegetation to fulfill or contribute to buffer and screening requirements.
5. Alternative Buffers and Screening
In lieu of compliance with the above buffer yard and screening requirements, a developer may submit a detailed plan and specifications for landscaping and screening which will afford a degree of buffering and screening equivalent to or exceeding that provided by the above requirements.
6. Screening of Refuse Collection Facilities
Uses within the planned unit 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 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.
7. Maintenance of Landscaping
All required landscaping and screening shall be maintained or replanted as necessary so as to continue its effectiveness.
I. Traffic Impacts _ Traffic impacts shall be measured by levels of service calculated in accordance with the date and procedures of the Highway Capacity Manual Special Report 209 published by the Highway Research Board. The applicant must demonstrate the feasibility of, and agree to provide, the road improvements and traffic control devices necessary to accommodate increased traffic generated by the planned unit development.
J. Public Utilities and Service Impacts
1. The planned unit development at completion must not exceed the capacities of the public water supply, stormwater management facilities, sewers, solid waste disposal facilities, public safety, emergency, and educational services of the town. Public facilities constructed in connection with the planned unit development shall be constructed and located so as to minimize costs of municipal operation and maintenance. Where a proposed project at any point during its development would exceed the capacity of any of the services listed above, the applicant, prior to final site plan approval of the PUD by the Planning Board, shall negotiate, with the appropriate authority as determined by the Town, a strategy and program for mitigation. Where a capacity shortfall exists, the
applicant shall be required to make the necessary improvements, or agree to pay for their pro rata share for the improvement, to accommodate the increased demand on facilities and services generated by the planned unit development. The results of these negotiations shall be subject to review and comment by the Planning Board and review and approval by the Town Council.
K. Dimensional Standards
1. Public or Private street setback - No principal or accessory structure shall be closer than fifty (50) feet to a collector street right-of-way and not closer than twenty-five (25) feet to a local street right-of-way or easement.
2. Building separation - No structure under thirty (30) feet in height shall be located within fifteen (15) feet of any other structure. Buildings higher than thirty (30) feet shall be separated by a distance equivalent to 50% of the height of the tallest building. In no instance shall buildings be more than four stories in height.
3. Perimeter boundary
(i) The applicable yard requirement of the abutting zone shall be used to determine perimeter boundary set back for buildings and structures, including accessory structures and parking areas.
(ii) No portion of an active recreational use shall be located within fifty (50) feet of an abutting residential development.
(iii) Where a planned unit development adjoins or borders an existing residential zoning district or development sharing frontage on the same side of a public or private street, the minimum front yard requirement of the abutting residential zone or development shall apply for a minimum of two hundred (200) feet from such common border within the planned unit development frontage.
4. The Town Council may waive the requirements of Section III.K (Dimensional Standards) in accordance with the provisions of Section VII of this chapter.
SECTION IV - DENSITY BONUS PROVISIONS AND STANDARDS
A. A maximum density bonus of twenty-five (25) percent over the allowable base density for residential and nonresidential uses as set forth in Section III of this chapter may be approved in accordance with the following standards. The density bonuses may be granted at the discretion of the Town Council if the proposed density bonuses promote the purposes of the planned unit development zoning district set forth in Section I of this chapter. For residential uses, density bonuses shall be applied to the maximum number of dwelling units. For nonresidential uses, density bonuses shall be applied to gross floor area and maximum impervious surface requirements.
1. Dedicated open space - Increasing the dedicated open space area by a minimum of ten (10) percent of the net acreage of the tract may qualify for a bonus of up to five (5) percent above the allowable base density.
2. Active recreation - Facilities and areas for active recreation exceeding by fifty(50) percent the minimum requirement of Chapter II, Section IV.B.8 may qualify for a bonus of up to five (5) percent above the allowable base density. Active recreation facilities may include, but are not limited to tennis courts, swimming pools, ball fields, picnic or cookout facilities and tot lots.
3. Bike paths/greenway systems - An integrated system of bike paths or pedestrian greenways may qualify for a density bonus of five (5) percent above the allowable base density.
4. Solar access/energy efficiency - Design, layout and construction of a planned unit development providing solar access to forty (40) percent of the dwelling units and ensuring through appropriate deed restrictions that dwelling units will effectively utilize solar energy systems for water and space heating purposes, or design and construction of all structures in a planned unit development in compliance with current Energy Efficiency Building Performance Standards of the Maine Office of Energy Resources pursuant to 10 M.R.S.A. 1411 et seq., may qualify for a bonus of five (5) percent above the allowable base density.
5. Moderate Pricing - Providing a minimum of ten percent (10%) of all dwelling units to be marketed and sold to moderate income household with incomes of less than or equal to 80% of the area median income, adjusted by family size, as established by the Maine State Housing Authority or the Department of Economic and Community Development, which require monthly mortgage payments not exceeding 30% of the household's gross monthly income, may qualify for a bonus of up to ten percent (10%) above the allowable base density.
Designated moderately priced units shall be identical in external design and construction to the other units in the project and shall be integrated throughout the planned unit development. The developer must enter into a binding agreement with the town to maintain the affordability of these units.
6. Rental units - Providing a minimum of ten percent (10%) of all dwelling units as rental housing for households with incomes of less than or equal to 80% of the area median income, adjusted by family size, as established by the Maine State Housing Authority or the Department of Housing and Urban Development, which have monthly rental payments not exceeding 30% of the households' gross monthly income, may qualify for a bonus of up to ten percent (10%) above the allowable base density. The developer must enter into a binding agreement with the town to maintain the designated units at twenty percent (20%) below market rate for households with incomes of less than or equal to 80% of the area median income.
7. Underground parking - Providing for parking below structures for at least seventy-five percent (75%) of the dwelling units or fifty percent (50%) of the required spaces for non-residential uses may qualify for a bonus of up to ten percent (10%) above the allowable base density.
8. Day Care - Development of a public use day care facility for children may qualify for a bonus of up to five percent (5%) above the allowable base density. The developer must enter into a binding agreement with the town to dedicate the facility for day care and to provide a viable management and operations structure.
9. Public transportation/public transit - Providing public transportation to town residents may qualify for a bonus of up to five percent (5%) above the allowable base density.
SECTION V - PLANNED UNIT DEVELOPMENT ZONING DESIGNATION
A. Pre-application conference - Prior to the submission of a planned unit development zoning amendment application, the applicant shall meet with the Town Council to generally discuss the planned unit development proposal.
B. Application for Zoning Amendment - An application to amend the zoning map to establish a planned unit development district shall be submitted to the Planning Board and administered in accordance with the provisions of Chapter I, Section I.G (Changes and Amendments) and this Section. The application shall include:
1. Fees and deposits, in accordance with the requirements of Chapter IV, Section IV (Site Plan Review - Administration) for non-residential development and in accordance with Section III. A. of the subdivision regulations for residential development.
2. Deeds of current owners of all property within the proposed planned unit development with volume and page references as recorded in the Cumberland County Registry of Deeds and as listed in the Town's tax records.
3. The names and current mailing addresses of all persons owning property within five hundred (500) feet of the proposed development, including tax map and lot designations as listed on the tax records.
4. A general plan as described below.
C. General Plan for Planned Unit Development - All applications to amend the zoning map to establish a planned unit development district shall be accompanied by the following:
1. Maps and plans at a scale of either 1"=100' or 1"=40', as appropriate to the site, prepared by a licensed surveyor, registered engineer, landscape architect and/or architect licensed in the State of Maine, which shall include:
a. Survey of bounds showing courses and distances, zoning districts and lot lines within the tract and of all abutting property, existing easements burdening and benefiting the tract, and structures existing on the tract and within five hundred (500) feet of its boundaries.
b. A high-intensity soils survey prepared and certified by a state-licensed soil scientist, showing location and boundaries of soil areas and their names in accordance with the National Cooperative Soil Survey Classification, and complying with mapping standards of the Maine Association of Professional Soil Scientists.
c. Flood hazard areas, including base flood elevations.
d. Topographic contours at a maximum of two (2) foot intervals showing existing grades.
e. Existing vegetation, land forms and water bodies.
f. Roadway plans for primary and secondary traffic circulation patterns showing proposed and existing rights-of-way and easements.
g. Utility plans for public water, sanitary sewer, storm sewer, natural gas and underground electrical utilities.
h. Delineation of any areas to be declared under the Maine Condominium Act and any areas to be subdivided within the planned unit development, with tentative lot lines for any proposed subdivision.
i. Delineation of development phases and acreage of each phase.
j. Delineation of residential and non-residential use areas.
k. Delineation of required and proposed bonus open space.
l. Each sheet shall be individually identified in its relationship to the whole with the inclusion of the title of the development, name(s) and established location (residence) of the developer and (if different) the owner(s), signature and seal of the person responsible for that sheet, a meridian arrow for sheets with directional significance, and clear indication of the applicable scale(s) of graphic representation.
2. Land Use analysis including:
a. Calculation of net acreage for residential and non-residential density in accordance with Chapter I, Section V (Net Acreage) and information demonstrating how the calculations were derived.
b. Number and types of residential units.
c. Number, types and floor areas of non-residential structures.
d. Acreage of open space and the percentage of open space to gross acreage and net acreage.
e. Density provided and proposed density bonuses.
f. Summary table of residential uses, non-residential uses, and open space planned for each development phase and for the entire development.
3. Statements addressing the following:
a. A traffic analysis, which shall include:
(i) A description of the traffic circulation network within the vicinity of the proposed development or within one mile of the site, whichever is determined to be greater; existing and proposed public transportation services and facilities.
(ii) A description of current traffic volumes, capacities and levels of service based on three twenty-four-hour weekday counts on all roadways for all streets and intersections within the vicinity of the proposed development or within one mile of the site, whichever is determined to be greater. Average daily traffic and average peak hour volumes shall he based on these counts.
(iii) Traffic projections for the proposed development, prepared according to the data and procedures contained in the Institute of Traffic Engineers "Trip Generation Manual", indicating total average weekly and peak hour trips allocated to proposed phases and uses.
(iv) Calculation according to the data and procedures contained in the Highway Capacity Manual Special Report 209 of the Highway Research Board of roadway service volumes at level of service C for arterials and level of service D for collectors providing access to the site.
(v) Calculation of capacity at level of service C for intersections within the vicinity of the proposed development or within one mile of the site, whichever is determined to be greater.
(vi) Analysis of projected traffic impacts from the planned unit development together with projected impacts of other developments approved for construction and utilizing the same elements of the traffic circulation network.
(vii) Recommended traffic circulation network improvements and traffic control devices.
b. Market analysis justifying proposed uses.
c. Relationship of the planned unit development to surrounding land uses and to the comprehensive plan for the Town of Gorham; and interrelationship of land uses within the planned unit development.
d. The proposed storm water management system, including calculation of existing and post-development run-off.
e. Impacts of proposed development on water, sewer, public safety,emergency, and educational services of the town, supported by evidence that utilities are adequate to serve the demands of the proposed development.
D. Review Procedures for General Plan and Zoning Amendment
An application for planned unit development zoning amendment shall be accepted for review by the Planning Board unless the Town Planner determines that the application is incomplete. The sequence of the review procedures shall be as follows:
1. The Planning Board shall schedule a public hearing and consider the application, and then shall send its recommendation, including its recommendation regarding waiver and density bonus requests, and proposed findings to the Town Council.
2. In addition to the notice provisions set forth in Chapter I, Section I.G., the Planning Board and the Town Council shall send written notice of the application consideration to all owners of property within five hundred (500) feet of the proposed planned unit development.
3. The Town Council shall schedule a public hearing to review the application.
4. The Town Council shall approve, approve with modifications, or disapprove the general plan. A vote to approve the general plan with or without modification shall constitute an approval of amendment to the zoning map allowing a planned unit development in accordance with the general plan as approved. Disapproval of the general plan shall constitute a denial of the application for zoning map amendment.
5. Following Town Council approval of an application for planned unit development zoning designation, the property rezoned shall be labeled "PUD" on the official zoning map of the Town of Gorham with a notation that any development within this zone must be in accordance with the general plan approved in conjunction with approval of the amended zoning designation. No permits for development shall be issued within any area designated as "PUD" unless site plan approval is obtained pursuant to Section VI of this chapter. If site plan approval for one or more phases of the general plan is not granted within three (3) years and if site plan approval for the final phase is not granted within ten (10) years of such PUD zoning designation, the Town Council shall
reserve the right, after notice and hearing, to rezone the undeveloped portion of the property to its prior zoning classification.
E. Required findings - Approval of a planned unit development zoning designation shall be based on findings by the Town Council as follows:
1. That the General Plan is consistent with the purposes of the PUD Ordinance (Section I of this chapter);
2. That the General Plan is consistent with the Comprehensive Plan for the Town of Gorham;
3. That the General Plan is consistent with Section III, Standards, of this chapter;
4. That the General Plan is consistent with Chapter II, General Standards of Performance, of the Gorham Land Use and Development Code, or as waived by the Town;
5. In the event that the General Plan contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the residents, occupants, and owners of the proposed development in the full completion of the development are adequate; and
6. That the proposed density bonuses meet the density bonus provisions of Section IV of this chapter and have been approved by the Town Council.
F. Amendments to General Plan
1. Minor Amendments _ Amendments to the approved general plan which do not substantially change the concept of the planned unit development may be approved by the Planning Board upon recommendation of the Town Planner. Such minor changes may include but not be limited to small site alterations such as realignment of minor roads or relocation of utility lines due to engineering necessity, provided that the overall count approved in the General Plan and provided that the capacities of public services and utilities are not exceeded. The developer shall request such amendment in writing, clearly setting forth the reasons for such changes. If the change is approved, the general plan shall be so amended, as shall any site plan application affected by such amendment.
2. Major Amendments - Amendments to the approved general plan which are substantial deviations from the concept of the approved planned unit development or which involves a change from one to another permitted use set forth in Section II, or any change in use involving a significant change in development impact, shall require review and a recommendation by the Planning Board and approval by the Town Council.
3. Variances - The Board of Appeals shall not be authorized to grant or approve any variance from the requirements set forth in this chapter.
SECTION VI - PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL
A. Pre-application Conference - Prior to the submission of a planned unit development site plan/subdivision plan, the applicant shall meet with the Planning Board at least once to generally discuss the proposed project.
B. Application for Planned Unit Development Site Plan/Subdivision Approval - Following approval of a general plan and planned unit development zoning designation, application for site plan/subdivision approval for one or more phases or all of the general plan shall be submitted to the Planning Board and administered in accordance with the provisions of Chapter III (Subdivision Ordinance), Chapter IV (Site Plan Review) and this chapter. The application shall include:
1. Fees and deposits, in accordance with the requirements of Chapter IV, Section IV (Site Plan Review - Administration) for non-residential development and in accordance with Section III.A of the subdivision regulations for residential development.
2. All of the exhibits and information required by Chapter IV, Section VI (Site Plan Review - Submission Requirements) and by Section III.B of the Subdivision Ordinance.
3. Delineation of residential, non-residential and open space areas on the parcel, as well as all proposed building and structure locations.
4. Indication of proposed uses of all buildings and structures.
5. Location and dimensions of all fences, walls, decks, ramps, pools, patios, accessory structures, walkways, bike paths, and surfaced areas.
6. Location of refuse collection container locations.
7. Location and planting plans for required buffer yards.
8. Location of electrical service lines and all utility connections for attached residential and all non-residential uses. Utilities shall be underground unless this requirement is waived by the Planning Board. Waivers shall only be granted if the Planning Board determines that underground utilities would constitute a safety hazard or that above-ground utilities can be adequately screened.
9. Delineation of steep slopes, wetlands, watercourses, and other site features excluded in the net acreage calculation prescribed in Chapter I, Section V (Net Acreage).
10. Plans and profiles of all proposed streets.
11. A detailed tabulation of:
a. Net acreage calculation for residential and non-residential uses.
b. Acreage of parcel dedicated to residential, non-residential and open space uses.
c. Number, type and number of bedrooms of dwelling units, gross floor area of non-residential structures and acreage of open space in each phase of development.
d. Total area of impervious surfaces in square feet at full development.
12. Estimated costs for public improvements at each phase for bonding purposes.
13. Final drafts of all documents necessary for the formation of a management system for ownership and/or maintenance of all open space and other commonly used areas including, but not limited to, recreation areas, private streets, parking areas, parks, gardens, landscaped buffers and the like, which shall include:
(a) an analysis showing projected management costs and the revenue base to support such costs;
(b) documents which provide for the following (where applicable): reasonable quorums and voting procedures; mandatory automatic membership of all owners; mandatory and lienable payment of common expenses by owners; personal responsibility of owners for payment of assessments; maintenance, management, and, when appropriate, replacement by the association of all roadways, utility and safety systems, landscaping, or structures within the common areas owned by lot or unit owners or by the association; delivery of basic services by the association; maintenance of adequate liability, property, and casualty insurance by the association; and
(c) deeds covenants and agreements and/or declarations creating perpetual restrictions upon and reservations of the lot or unit owners' right to use common areas, which rights and restrictions shall not be severable from the appurtenant lots or units.
C. Review Procedures for Planned Unit Development Site Plan/Subdivision - An application for planned unit development site plan/subdivision review shall be accepted for review by the Planning Board unless the Town Planner determines that the application is incomplete. The sequence of the review procedures shall be as follows:
l. The Planning Board shall send written notice of the application consideration to all owners of property within five hundred (500) feet of the proposed planned unit development.
2. The Planning Board shall review the site plan and approve or approve with modifications, or disapprove the site plan/subdivision plan.
3. Following Planning Board approval of a planned unit development site plan/subdivision plan, a plat dedicating any approved public streets, easements, public facilities or utilities or land to the town shall be submitted to the Planning Board in form sufficient for recording in the Cumberland County Registry of Deeds, to be signed by the Planning Board and, no later than 30 days thereafter, recorded in said Registry of Deeds. Two copies of the signed plat shall be submitted to the town for inclusion in its records.
4. No building permit, certificate of occupancy, or other permit or approval administered by the municipality shall be issued for any structure or use within the planned unit development unless indicated on an approved site plan/subdivision plan.
D. Required Findings - Approval of a planned unit development site plan shall be based on findings of the Planning Board as follows:
1. That the Site Plan is consistent with the approved General Plan
2. That the Site Plan is consistent with Section III, Standards of this chapter, or as waived by the Town;
3. That the Site Plan is consistent with Chapter II of the Gorham Code, General Standards of Performance, or as waived by the Town;
4. That the Site Plan is consistent with the standards for Subdivision and Site Plan applications in the Gorham Code, as applicable to the PUD application.
SECTION VII _ WAIVER
A. Only as specifically authorized within this Chapter, the Town Council may waive certain requirements by an affirmative vote of at least five of the seven members. The applicant shall submit a waiver request in writing at the time of general plan application. Waivers may be considered by the Town Council at a later date at the request of the Planning Board. The Town Council shall not grant a waiver unless it finds the following conditions are met:
1. The waiver has been requested in writing by the applicant in the general plan application submission;
2. The granting of a waiver shall not have a significantly adverse effect upon the environment, the public health and safety or the cost of providing municipal services;
3. The granting of the waiver shall promote the purposes set forth in Section I.
4. The granting of the waiver shall not be in conflict with the Comprehensive Plan;
5. Where it is proposed to vary any engineering standard, a report from the Public Works Director or the Town's Consulting Engineer has been requested and considered.
6. In granting a waiver, the Council shall state upon its records the reasons for granting any waiver.
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