Town of Gray - Land Uses

Accessory Dwelling Units

A subordinate residential use that requires a permit issued by the Code Enforcement Officer that conforms to the performance standards in this Ordinance. All accessory dwelling units must comply with all other applicable requirements of law, including but not limited to building codes, life safety, and the State of Maine Subsurface Wastewater Disposal Rule.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
2 off-street parking spaces per dwelling unit.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. General Standards:

1. For any lot located fully or partially in a Shoreland Zoning district, Accessory Dwelling Units must independently comply with all Shoreland Zoning requirements.

2. Except as established above in this section for lots partially or fully in the Shoreland Zoning District, Accessory Dwelling Units shall be permitted in all zoning districts where single-family housing is permitted, on the same lot as a single-family dwelling, constructed only:

• Within an existing single-family dwelling unit on the lot;
• Attached to, or sharing a wall with, a single-family dwelling unit;
• As a new structure on a lot for the primary purpose of creating an Accessory Dwelling Unit;
• Within an existing detached accessory structure on the same lot as a single-family dwelling

3. Accessory dwelling units are specifically prohibited in, on, or within any of the following:

a. any two-family or multi-family dwelling;
b. any lot that contains one (1) or more principal commercial use(s) either on the parcel or in any structure located on such lot; or
c. any lot that does not have a single-family dwelling as its principal use.

4. Only one (1) Accessory Dwelling Unit is allowed per lot, and only on a lot on which the CEO has determined the primary use to be a single-family dwelling.

5. The minimum square footage of finished living area for Accessory Dwelling Units is onehundred-and-ninety (190) square feet.

6. The maximum footprint for any Accessory Dwelling Unit is eight-hundred (800) square feet and shall not exceed the footprint of the primary dwelling unit. If the footprint of the primary dwelling is 800 sf or less, the maximum footprint of the Accessory Dwelling Unit shall not exceed 90% of the primary dwelling’s footprint. The Zoning Board of Appeals shall not have the authority to increase this footprint by variance or otherwise.

7. Although an existing single-family dwelling may be expanded or utilized for the purposes of creating an Accessory Dwelling Unit, no portion of an Accessory Dwelling Unit shall be located within minimum lot line setbacks, including non-conforming structures of record.

8. Accessory Dwelling Units must comply with applicable building and fire safety codes.

9. Accessory dwelling units must have shared common utilities, such as water and wastewater disposal, with the single-family dwelling, except as required by applicable codes.

10. One Accessory Dwelling Unit must be allowed on any lot where a single-family dwelling is the principal structure. In the event that one (1) Accessory Dwelling Unit has been duly permitted and constructed on a lot utilizing this exemption from zoning density requirements for minimum area per dwelling unit, as established in Table 402.5.4.A, any additional dwelling unit, including any Accessory Dwelling Units, must comply with all dimensional standards established in Tables 402.5.4 A and B.

11. An Accessory Dwelling Unit shall be permitted only as one (1) floor of living space, such as a one-story structure or a single floor above a garage.

12. Accessory Dwelling Units are intended to be accessed via the existing driveway and curb cut for the principal single-family dwelling, and must meet the standards established in the Street Ordinance, Chapter 400.

13. An accessory dwelling unit shall not be considered a separate dwelling unit when calculating lot area per dwelling unit for this Ordinance.

14. In accordance with Section 6 30-A M.R.S.A. §4364-B, an Accessory Dwelling Unit is not required to provide any additional parking requirements beyond the minimum number of offstreet parking spaces established in Table 3 of Article 10 for the single-family dwelling unit located on the same lot as the Accessory Dwelling Unit.

B. Ownership Standards:

1. Ownership of the existing single-family dwelling and the Accessory Dwelling Unit must be held by the same person(s).

C. Aesthetics:

1. Accessory Dwelling Units shall retain and respect the existing streetscape and character of the neighborhood, and preserve the single-family dwelling appearance, architectural style, and character of the dwelling.

2. Any exterior modifications to the single-family dwelling associated with the construction or installation of an Accessory Dwelling Unit must be consistent with architectural style and character of the single-family dwelling in terms of exterior materials, roof pitch/form, and window type/spacing.

3. Any exterior alteration of the single-family dwelling associated with the construction or installation of an Accessory Dwelling Unit must preserve the formal, front entrance of the building in order to maintain the single-family dwelling appearance and architectural style of the building, as determined by the Code Enforcement Officer with input from the Town Planner as appropriate.

4. Exterior stairs more than five (5) feet above final finished grade shall be enclosed and are restricted to the rear and sides of the accessory dwelling unit or the single-family dwelling in which it is located or to which it is attached, wherever practicable provided that that they are integrated into and consistent with the architecture of the building.

5. In the event that the Code Enforcement Officer and the applicant for the Accessory Dwelling Unit cannot agree on the aesthetic standards contained in this Section 402.7.9.C, the applicant may appeal to the Planning Board within thirty (30) days of the CEO’s written decision.

6. All Accessory Dwelling Units in the Village Center and Village Center Proper zoning districts are subject to the Village Design Standards as referenced in the Village Center District Standards section of this Zoning Ordinance.

D. Wastewater Disposal. See 402.7.9(D) for detailed information.

E. Potable Water Supply Standards

1. The owner of the Accessory Dwelling Unit must provide written verification that the unit is connected to adequate potable water services prior to receiving a Certificate of Occupancy. Written verification must include the following:

a. If an Accessory Dwelling Unit is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit; and

b. If an Accessory Dwelling Unit is connected to a well, proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10, section 10.25(J), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

F. Discontinuance. See 402.7.9(F) for details.

Accessory Uses and Structures

A use or structure which is customarily and in fact both incidental and subordinate to the principal use or structure. The term "incidental" in reference to the principal use or structure shall mean subordinate and minor in significance to the principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. Accessory use shall include the use of any portion of a lot pursuant to an easement for Commercial Recreation, Outdoor, but shall not include the use of any portion of a lot for purposes related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Adult Businesses

Any business in any use category, a substantial or significant portion of which consists of selling, renting, leasing, exhibiting, displaying or otherwise dealing in materials or services of any kind which appeal to prurient interests and which depict or describe specified sexual activities. As applied to a business which sells, rents or leases such materials or devices, “substantial or significant portion” means that 25% or more of the floor area of the unit of occupancy in which the business is located is used to display, shelve or store such materials or devices. As applied to a business which exhibits or displays, films, videos or similar visual reproductions for viewing by patrons on the premises, “substantial or significant portion” means that, in any single day, 50% or more of the total display or exhibition time is devoted to such materials.

Districts Where Allowed Districts Allowed as a Conditional Use. C

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. Location of Adult Businesses Restricted

B. No adult business shall be located:

1. In any zoning district other the Commercial District “C.”

2. In any location where the customer entrance to the adult business would be closer than one thousand (1,000 ft.) feet, measured in a straight line without regard to intervening structures or objects, to the nearest point on the boundary of any property which is:

a.Occupied by a residence, school, park, playground, church or public building; or,
b.Occupied by another adult business.

3. In any location closer than seven-hundred and fifty (750) feet of a residential zoning district, measured in a straight line without regard to intervening structures or objects.

C. Outside Displays Prohibited
No materials or devices displaying or exhibiting specified sexual activities shall be visible from the exterior of the building in which the adult business is located.

Agritourism Center

A campus containing Agritourism Facilities along with facilities for educational, cultural, and outdoor recreation programs that may serve larger community purposes. One office building not exceeding fifteen thousand (15,000) square feet may be included to manage and support the mission and operation of the Agritourism Center. An Agritourism Center shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Districts Where Allowed Districts Allowed as a Conditional Use. RRA

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Development Requirements:
1. The minimum lot size for an Agritourism Center in the RRA District shall be one hundred (100) acres. Development shall follow a master plan approved by the Planning Board that includes:

A minimum of:

a. 30 percent dedicated to passive open space and trails
b. 20 percent dedicated to agriculture

And a maximum of:
c. 25 percent dedicated to active recreational fields & facilities
d. 25 percent dedicated to Agritourism Facility & office development

2. A minimum buffer of one hundred (100) feet shall be maintained along any public roadway. A minimum buffer of fifty (50) feet shall be maintained along a property line in the location of an abutting residence and yard. If existing vegetation does not provide adequate screening as determined by the Planning Board, additional plantings may be required.

3. An Agritourism Center may be built in phases subject to a schedule approved by the Planning Board.

Agritourism Facility

A building, or group of buildings operated in conjunction with each other, in which there is provided overnight lodging facilities, which may include private or other assembly facilities and/or restaurant facilities, to paying or non-paying guests, provided that: The operations of such facilities complement or support the agricultural, silvicultural, animal husbandry, or forest management use of land, or the educational and/or outdoor recreational programs on land so used, which uses or programs are otherwise permitted in the Rural Residential and Agricultural (RRA) District. The buildings or group of buildings may include private or common facilities, such as bathrooms, living areas, dining areas, gathering areas and kitchen facilities. The private or other assembly facilities and restaurant facilities may be open to the public generally in addition to guests of the lodging facilities. A facility meeting the foregoing definition of "Agritourism Facility" shall not be considered a "Bed and Breakfast Establishment" or a "Hotel/Motel." An Agritourism Facility shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Districts Where Allowed Districts Allowed as a Conditional Use. RRA

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
The minimum lot size for an Agritourism Facility in the RRA District shall be fifty (50) acres. An existing residential building as of January 1, 2006 on a parcel of land that meets the minimum lot size for an Agritourism Facility may be converted to an Agritourism Facility and maintained, repaired and replaced notwithstanding that it does not meet the street frontage, height, and setback standards set forth in this ordinance, provided that such structure shall not be expanded in a manner that increases the non-conformity.

Animal Husbandry

Dairying or raising of livestock, breeding or keeping of animals, horses, llamas, deer, alpacas and other fur bearing animals, emus, fowls or birds as a business or gainful occupation, which are considered commercial and come under other State laws.

Districts Where Allowed Districts Where Use is Permitted By Right RRA L Districts Allowed as a Conditional Use. BD-1 BD-2 BT-2 C WH-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Auto Body Shop

A place where collision services, such as body, frame, or fender straightening and repair, overall painting and undercoating of vehicles are performed.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 C

Vehicle Parking:
4 off-street parking spaces per service bay.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Auto Repair Garage

A place where, with or without the attendant sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles.

Districts Where Allowed Districts Allowed as a Conditional Use. C

Vehicle Parking:
4 off-street parking spaces per service bay.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Auto Service Station

A place where gasoline or any other automobile engine fuel (stored in tanks), kerosene, motor oil, lubricants or grease (for operation of motor vehicles) is retailed directly to the public on the premises. This includes the sale of minor accessories and the servicing and minor repair of automobiles, but does not include storage of unlicensed vehicles nor does it include body, frame, or fender straightening and repair.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2

Vehicle Parking:
4 off-street parking spaces per service bay.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Bed and Breakfasts

A single family dwelling in which lodging and meals are offered to the general public for compensation, offering no more than three bedrooms for lodging purposes.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 C VC VCP Districts Allowed as a Conditional Use. BT-2 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. The only meal served in a bed and breakfast shall be breakfast and food service shall be limited to overnight guests.

B. A bed and breakfast with three (3) guest rooms or less shall be considered a home occupation accessory to principal use of the dwelling and shall be allowed under the standards applicable to home occupations.

C. The average occupancy is not to exceed three (3) persons per guest room per night.

D. A structure shall not be used or occupied as a bed and breakfast establishment until all necessary State approvals have been received and a certificate of use and occupancy has been issues by the local Code Enforcement Officer.

Building Trades Occupations - 1

An accessory residential use of a dwelling unit carried on by one (1) self-employed or other craftsperson in a construction-related trade who resides in the dwelling unit or
Accessory dwelling unit. This use is subject to performance standards.

Vehicle Parking:
Adequate off-street parking and turn-around area shall be provided on the property where the Building Trades Occupation use is occurring to avoid the necessity to back out onto a publicly maintained roadway.
See 402.10.11(B) for more detailed information on parking.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. The person conducting the contracted services must reside on the property where the Building Trade Occupation accessory residential use occurs.

B. The occupation or profession shall not alter the existing character of the surrounding area or the zoning district to the extent that it becomes a nuisance.

C. The occupation or profession shall not utilize more than ten (10) percent of the finished floor area of the dwelling unit nor more than five hundred (500) square feet of indoor storage or materials, supplies or equipment.

D. Any sign must meet applicable standards contained Gray's Sign Ordinance (Chapter 406).

E. No outdoor storage of any vehicle associated with the occupation or profession shall be allowed except for a maximum of one (1) vehicle less than 16,000 gross vehicle weight and one (1) trailer less that twenty (20) feet in total length at any time. For the purposes of this use, an additional trailer or other registered, over the road implement utilized for the occupation of profession shall constitute a vehicle.

F. See "Vehicle Parking" above for information on off-street parking.

G. There shall be no exterior display, no exterior storage of materials, supplies, or equipment and no exterior indication of the occupation or profession or variation of the residential character other than a duly authorized sign.

H. No offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical disturbances shall be generated by the occupation or profession.

I. Traffic in excess of that customarily occurring in a residential neighborhood shall not be generated by the occupation or profession. Residential traffic shall be measured according to the current edition of the Institute of Traffic Engineers handbook.

J. The CEO approval is only valid for the applicant. In the event that the applicant/ owner of the property changes, a new approval is required to operate the Building Trades Occupation-1 use.

Campgrounds

A parcel or parcels of land providing temporary accommodation for recreational vehicles, tenting areas, and other forms of temporary shelter.

Districts Where Allowed Districts Allowed as a Conditional Use. RRA L

Vehicle Parking:
A minimum of three hundred square feet of off-street parking plus maneuvering space shall be provided for each recreational vehicle, tent, or shelter site. Recreational vehicles shall be parked in spaces so that:
a. there shall be a minimum of 50 feet between vehicles; and
b. there shall be a minimum of 75 feet between all recreational vehicles and tents, and all public rights-of-way located inside the boundaries of the campground.

Development Requirements:
Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following (in cases of possible conflict, the stricter rule shall apply):

A. General

1. A campground must be constructed on at least 10 acres of land, and all camping units or structures shall be located at least 100 feet from any property line and 200 feet from any residence (except residences belonging to the campground owners).

2. Campsites shall be laid out and screened in such a manner that none are within view from public roads, navigable rivers, existing residences or approved subdivision lots. Any combination of evergreen planting, landscaped earthen berms, or solid fencing may be used to achieve this screening standard when campsites would otherwise be visible from the locations described above.

3. No trailers other than recreational vehicles or utility trailers as defined herein, shall be permitted within any campground, temporarily or otherwise. No camping unit shall be stored or exhibited for sale for commercial purposes within the park.

4. Tent sites and sites for recreational vehicles (RV's) shall be laid out so that the density of each developed acre of land does not exceed the standards below (in terms of sites per acre of land, excluding circulation roads):

Non-Shoreland Shoreland Zones

Tent Sites	14 per acre	8 per acre
RV Sites	11 per acre	7 per acre

5. The minimum frontage of a campsite along any shoreline shall be 100 feet. Minimum setback from the normal high water elevation shall be 100 feet for all recreational vehicles, tents, or other vehicles and temporary or permanent structures.

6. No campsite shall be located within a Resource Protection District or within the 100 year flood plain.

B. Parking and Circulation

1. See "Vehicle Parking" above for parking requirements.

2. Vehicular access shall be provided onto a hard-surfaced road adequate for the volume and type of traffic likely to be generated. Grades and sight distances specified in the town's subdivision standards shall be observed in designing all intersections. Roads shall be constructed of at least 12" of bank-run gravel (no stone larger than 4"), 2" of crushed gravel (l/2" chips) and two applications of liquid asphalt (l/2 gallon per sq. yd. each application). The minimum width of roadways shall be twelve feet for one way roads and 22' for two-way roads. No vehicle parking shall be permitted on the roadway.

C. Health and Safety

1. Each recreational vehicle, tent, or shelter site shall be provided with a picnic table and trash receptacle. The park management shall dispose of refuse from said containers by transporting the refuse in a closed truck or in enclosed containers or bags to an approved disposal area at least once every three days.

2. A campground shall provide water and sewerage systems, sanitary stations, and convenience facilities in accordance with the regulations of the State Wastewater Disposal Rules. In no case shall less than one toilet and lavatory be provided for each sex for every ten camping and tent sites. All recreational vehicle sites shall be equipped with water and sewage hook-ups, connected to approved distribution or disposal systems.

3. Fire extinguishers capable of dealing with electrical and wood fires shall be kept in all service buildings. A suitable ingress and egress shall be provided so that every campground may be readily serviced in emergency situations. 24 hour emergency communication service (e.g. telephones) shall be provided.

4. Each campsite shall be provided with a masonry or metal fireplace, approved in writing by the Fire Chief.

See 402.7.11 for more detailed information.

Caregiver Retail Stores

A retail store in which a Caregiver sells harvested cannabis to qualifying patients for the patients' medical use.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 C VC

Vehicle Parking:
4 off-street parking spaces per 1000 sq. ft. of gross floor area (GFA).

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Cemetery

A property used for the interment of the dead.

Districts Where Allowed Districts Where Use is Permitted By Right RRA Districts Allowed as a Conditional Use. C

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Church

A building or structure or group of buildings or structures and grounds primarily intended or used for the conduct of religious services of any religious group faith, denomination or sect and for accessory uses associated therewith.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 MD RRA L Districts Allowed as a Conditional Use. BT-1 BT-2 C VC VCP WH-2

Vehicle Parking:
1 off-street parking space for every 3 seats.

Commercial Recreation - Indoor or Outdoor

Commercial Recreation, Indoor - Any indoor recreational use such as bowling alleys, roller or ice skating rinks, swimming pools or tennis courts operated primarily for profit.
Commercial Recreation, Outdoor - Any outdoor recreational use such as golf courses, tennis courts, riding stables, swimming pools or ice skating rinks operated primarily for profit.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 BT-2 C VC VCP WH-2 RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Community Living Arrangement

A housing facility for eight (8) or fewer persons with disabilities that is approved, authorized, certified or licensed by the State. A community living arrangement may include a group home, foster home, or intermediate care facility

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Construction Services

Uses such as plumbing, painting, building, well drilling, carpentry or electrical installation and excavating.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 Districts Allowed as a Conditional Use. BT-2 WH-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Day Care Facility for Five (5) or fewer clients

Day care facility shall mean a house or other place in which a person, or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for three (3) or more clients.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-2 MD RRA L

Vehicle Parking:
.35 off-street parking spaces per client of licensed capacity plus staff.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Day Care Facility for Six (6) or more

Day care facility shall mean a house or other place in which a person, or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for three (3) or more clients.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 BT-2 C WH-2 MD RRA L

Vehicle Parking:
.35 off-street parking spaces per client of licensed capacity plus staff.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Drive Through and Drive in Facility

A commercial/retail facility or operation which provides a service directly to the occupants of a motor vehicle or where the customer can drive a motor vehicle onto the premises and to a location, person or device through which an order may be placed and the customer would be served with their order without exiting the vehicle.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-2 BT-1 BT-2 C WH-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Expansion of Nonconforming Uses

The addition of weeks or months to a use's operating season; additional hours of operation; or the use of more floor area or ground area devoted to a particular use.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Farm Stands

A roadside stand not exceeding 200 square feet in floor area selling only farm, garden, greenhouse, or nursery products, and between Labor Day and Christmas, cut Christmas trees, garlands, wreaths and wreath material. A Farm Stand may not sell cannabis in any form for medical use or adult use.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. Farm Stands for the sale of farm, garden, greenhouse and nursery products shall conform to the following standards:

1. They shall be used exclusively for the sale of farm, garden, greenhouse, and nursery products.

2. No farm stand shall be permitted unless such use is allowed in the underlying zoning district.

3. They shall be located on land owned or leased by the producer or the operator of the farm stand, and not within or on any public ways.

4. The licensee must demonstrate to the Code Enforcement Officer that there is sufficient access, parking and maneuvering space, that the location and adequacy of approached are sufficient, and that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the farm stand.

5. Front, rear and side setbacks shall conform to those of the underlying zoning district.

6. No farm stand shall operate within 200 feet of any fixed base retail establishment or other farm stand offering the same or substantially similar goods or services.

7. Farm Stand Signs: Farm Stands must conform with the Town of Gray Sign Ordinance.

8. The hours of operation shall be from sunrise to sunset.

9. Noise Level: No loud speakers or any unnecessary noise will be allowed on the site. Noise is required to be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. The average d.b.a. count resulting shall not exceed 60 d.b.a. at any point on or beyond the site.

10. A sufficient number of covered, metal rubbish containers shall be provided at each site immediately adjacent to the farm stand to hold material. The licensee shall keep sidewalks, roadways, and other public and private spaces adjacent to the site free from refuel and dust which may be generated by the operation of the business.

B. Fees: The annual fee to operate a farm stand shall be as established in the Town Fee Schedule and will cover the period of January 1st of the calendar year to December 31st. Fees will not be prorated.

C. Insurance: The licensee shall provide written evidence of insurance coverage for the period of the license and executed by an insurance company authorized to issue such policy in the State, in the usual form of liability insurance policies in this State for injuries to persons and property resulting from the use and operation of the farm stand to be licensed.

Such policy of insurance shall be issued for the principal sum, no less than $300,000 for bodily injury, death and property damage. A certificate of insurance bearing an endorsement thereon by the issuing agent shall be deposited with the Clerk. Such certificate shall state that the issuing agent will notify the Clerk in writing no less than thirty (30) days prior to the cancellation thereof.

Farmers' Market

A seasonal public market at which two (2) or more local farmers have raised and/or prepared farm and food products for direct sale to consumers.

Vehicle Parking:
Sufficient off-street parking, not within a public way, must be provided for both the Farmers’ Market vendors and their patrons. One space per 400 square feet of stalls/tables is required.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. The purpose of this ordinance is to regulate the temporary use of land for the establishment of farmers' markets as defined by 7 M.R.S. §415, where the primary purpose of the market is to make local farm and food products available to the public.

B. Administration and Enforcement: This ordinance shall be administered by the Community Development Department and enforced by the Code Enforcement Officer.

C. Farmers’ Market on Town Property: The Town Council may authorize the Town Manager to enter into a lease or license agreement for the use of Town property for the purpose of operating a Farmers’ Market. No license for the sale at a Farmers’ Market of any items shall be issued by the Town Clerk until the applicant has filed with the Town Clerk a certificate evidencing liability coverage at the minimum amount recommended by Maine Municipal Association at the time of the event and naming the Town as an additional insured. The licensee shall maintain such insurance at all times while engaged in sales at a farmers’ market, and the licensee shall provide the Town Clerk with not less than ten (10) days’ advance written notice of the cancellation, expiration or non-renewal of said insurance.

D. Farmers’ Market on Private Property: Farmers’ Markets may take place on private property, where allowed as a permitted or conditional use under Chapter 402 with written consent of the property owner.

E. Prohibitions

1. A person may not use the terms “Farm and Food Products”, “Farmer”, or “Farmers' Market” to describe a market or other sales that does not meet the terms of the definitions set forth in 402.2.2.

2. A person may not sell farm and food products at a market labeled "farmers' market" unless at least 50% of the farm products offered by that person were grown, processed, or prepared by that person or under that person's direction.

3. A product not grown, processed, or prepared by the farmer or under that farmer’s direction must have been grown, processed, or prepared by and purchased directly from another farmer and the name and location of the farm must be identified on the product or on a sign in close proximity to the displayed product.

4. Invasive terrestrial plants, weapons, fireworks, tobacco or tobacco products, and cannabis, cannabis products or tobacco/cannabis paraphernalia are prohibited. Hemp-based Cannabidiol (CBD) products are allowed if locally sourced and prepared by the farmer.

5. Live animals offered for sale are prohibited.

F. Additional Conditions for Farmers’ Markets

1. See "Vehicle Parking" above for detailed information on off-street parking.

2. The items to be sold at the Farmers’ Market are intended to be local farm products. Craft items made by the farmers/vendors are allowed but limited to 25% of the products offered for sale by the market.

3. Mobile, temporary, and non-permanent stationary food vending units, and mobile ice cream vendors, are prohibited from participating in duly approved Farmers’ Market locations without a Mobile Vendor or Food Truck license issued by the Town of Gray.

4. The term of a license shall not extend beyond a 12-month period. Annual renewals may be permitted in the same manner as an initial license agreement.

5. Farmers’ Markets that exceed 20 farmers and/or tables/stalls require Staff Review Committee or Planning Board approval as applicable.

6. Farmers’ Markets are limited to two days a week between the hours of 8:00 am and 6:00 pm.

7. All Farmers’ Markets must adhere to State standards including Title 7, Part 2, Chapter 101, Subchapter 1-A, subsection 415 which specifies produce and products eligible to be sold.

8. All Farmers’ Markets must adhere to applicable Town standards, specifically including the Local Food Ordinance and Zoning Ordinance provisions.

9. This section does not prohibit a market from imposing more stringent requirements on its sellers than those imposed by the Town.

10. This section does not prohibit individual Farmers’ Markets to charge their own table/stall fees in addition to the fees the Town charges pursuant to the Town Council approved Fee Schedule.

11. Signage for Farmers’ Markets must comply to Chapter 406 Town of Gray Sign Ordinance.

See 402.7.21 for more detailed information.

Flea Markets, Open Air Markets

An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. There are no long-term leases (over 6 months) between the sellers and operators. Flea markets are not considered retail trade or commercial sales and service.

Districts Where Allowed Districts Where Use is Permitted By Right VC VCP Districts Allowed as a Conditional Use. BD-1 C MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. Authorization to Use the Property

B. Flea Markets and Open Air Markets must be held on land that is owned by the applicant or has written permission from the owners to use.

C. Adequate Parking

D. Before the permit is issued by the Code Enforcement Officer or approved by the Planning Board, whichever is appropriate, the applicant must prove adequate off street parking and provide means of insuring parking provided is used.

E. Time Limit for Conduct

F. The market can operate no more than three (3) days a week. All evidence of use must be removed from the premises for the balance of the week.

G. Site Plan Review Required

H. Markets are subject to the site plan review procedures of Article 10.

Garage Sale

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

General Agriculture

Includes the cultivation of the soil for food products or other useful or valuable growth of the field, garden, nursery or greenhouse, but does not include dairying, raising of livestock, breeding or keeping of animals, fowl or birds as a business or gainful occupation, or cultivation of cannabis for medical use or adult use.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 C MD RRA Districts Allowed as a Conditional Use. BT-2 WH-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Gravel pits and quarries

Gravel Pit - An excavation for removal, processing, or storage of borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination.

Quarry - An excavation for the extraction of rock.

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
Purpose. See 402.11.1 for details.
Applicability.

A. After the effective date of this revision of this Ordinance, March 7th 2013, all excavations within the Town of Gray shall be operated and maintained in accordance with the requirements of this Article 11 and this Ordinance except for those excavations with previously issued valid permits that specifically allow otherwise. Examples of exceptions include, but are not limited to, previously issued site location of development permits or other arrangements that have been approved by the
State of Maine Department of Environmental Protection.

B. Definitions: Terms for standards included in and associated with this Article 11 are located in Article 2 (Definitions) of this Ordinance. Terminology utilized by the Maine Department of Environmental Protection for the purposes of regulating Gravel Pits, Quarries, and Extractive Operations shall be applicable for the purposes of standards in this Article 11.

C. Reclamation Requirements: Any area that has not been disturbed or modified since July 4, 1985 is not subject to reclamation requirements specified in Excavation Regulations in this Article (Section 402.11.7) of this Ordinance.

D. This Ordinance does not apply to the following types of excavations or activities (formerly identified as Class C excavations):

1. Any excavation with the sole purpose to determine the nature or extent of mineral resources
accomplished by hand sampling, test boring, or other methods which create minimal disturbance
with test holes filled in immediately after use.

2. The removal of less than two hundred (200) cubic yards of material (except topsoil) in any one
(1) year, provided that such removal does not disturb more than one (1) acre of land. The
removal of any amount of topsoil or loam from a site is not an exempt activity unless it is
undertaken as part of an approved construction project, is part of normal farm operations, or the
topsoil or loam is being moved to a contiguous site having the same ownership.

3. Any excavation or grading which is undertaken as part of and subordinate to an approved
construction project such as a subdivision, permitted structure, or road.

4. Any excavation that has not expanded the limits of extraction beyond those that existed on the
site prior to the initial adoption of this Ordinance on July 4, 1985.

Permitted Zoning Districts

A. Excavation and earth-moving activities requiring a permit in accordance with this Ordinance shall be considered allowed uses in the RRA, BD-1, BD-2, MD, C, LD, and MH Zoning Districts.

B. Excavation and earth-moving activities which require a permit but which were not in operation as of July 4, 1985 shall be prohibited in the, WH-1, WH-2 and BT-2 Zoning Districts.

C. Excavation and earth-moving activities in RP, SP and LR Zoning Districts are covered separately under the Shoreland Zoning Ordinance.

Classification
There shall be seven (7) classifications of excavations:

A. New Class A Excavations. Class A excavations are those of five (5) acres or more in area that are required to have a permit from the Maine Department of Environmental Protection. See 402.11.6.A.

B. Expansion of a Class A excavation beyond the permitted excavation area and within the perimeter of the property which includes the proposed expansion without any change in access. See 402.11.6.B.

C. Expansion of a Class A excavation beyond the permitted excavation area and within the perimeter of the property which includes the proposed expansion, with a proposed change in access. See 402.11.6.C.

D. Expansion of a Class A excavation beyond the permitted excavation area and beyond the perimeter of the property which includes the existing excavation without any change in access. See 402.11.6.D
E. Expansion of a Class A excavation beyond the permitted excavation area and beyond the perimeter of the property which includes the existing excavation and which also includes a change in access. See 402.11.6.E.

F. New Class B excavations and expansions of Class B excavations beyond the permitted excavation area that will have a proposed total working excavation area of less than five (5) acres. Class B excavations are those of less than five (5) acres in area that are not required to have a permit from the Maine Department of Environmental Protection, but are required to have a permit from the Town of Gray. See 402.11.6.F.

G. Expansion of a Class B excavation that will have a proposed total working excavation area of five (5) acres or more. See 402.11.6.G.

Excavation Regulations

A. In addition to Maine Department of Environmental Protection regulations, the standards in these Excavation Regulations (Section 402.11.7) are applicable for all operations in the Town of Gray.

B. All excavation operations shall be in accordance with the excavation and reclamation requirements of the most current version of the Maine Department of Environmental Protection 38 MRSA Sections 490-D Performance Standards, 38 MRSA Sections 490-Z Performance Standards for Quarries, or excavations that have a Site Location of Development permit issued under 38 MRSA Section 481, and the requirements of the applicable Sections of this Ordinance except that any areas that have not been disturbed or modified since July 4, 1985 are not subject to reclamation requirements.

C. Stockpiles: A minimum distance of one-hundred (100) feet shall be maintained between product stockpiles and any residence on an abutting property.

D. Buffers: If the owner or operator has permission from an abutter to reduce the width of a buffer in accordance with DEP regulations, then the written permission must be recorded in association with the deed of the affected abutting property at the Cumberland County Registry of Deeds.

E. Reclamation:

1. In addition to performing reclamation in accordance with DEP regulations, at the option of the owner reclamation may include, but is not limited to:

a. Stabilization of slopes.
b. Creation of safety benches.
c. Planting of forests.
d. Seeding of grasses and legumes.
e. Seeding for grazing purposes.
f. Planting of crops for harvest.
g. Enhancement of wildlife and aquatic habitat.
h. Enhancement of aquatic resources.
i. Enhancement of recreational resources.

2. An owner or operator may apply to the Maine Department of Environmental Protection for approval of plans for alternative forms of reclamation provided that any such activity is in accordance with the Zoning Ordinance of the Town of Gray.

3. When applicable, the site must be returned to its pre-construction natural condition as much as may be feasible. All above ground structures, equipment, foundations, utilities, and access roads or driveways shall be removed unless specifically designated for new or continuing use by the owner in writing to the Code Enforcement Officer.

F. Surety for Reclamation
The Town may require an acceptable form of surety to cover the estimated cost to complete the reclamation of excavations with a working pit larger than ten (10) acres in size, excluding any reclaimed areas, unless the operator demonstrates that a bond or similar financial assurance has been secured for the Maine Department of Environmental Protection pursuant to 38 MRSA Section 490-D or 490-Z. The estimated cost to complete the reclamation shall be determined on the basis of usual, customary, and reasonable costs for similar reclamation and shall be calculated by the same rules as used by DEP. The applicant for excavation shall provide surety in the form of cash, certified bank checks, insurance bonds, or irrevocable letters of credit all payable to the Town of Gray. Any such surety shall be satisfactory to the Town Council and to the Town Attorney as to sufficiency, manner of execution, and amount.

G. Expansions of Non-Conforming Excavations
No nonconforming mineral exploration, excavation, or removal of lands for the purpose of creating a sand, fill, or gravel pit shall be extended to other land or parts of land unless the other land or parts of land were designated for such use prior to July 4, 1985. On any land or parts of land that were not designated for such use prior to July 4, 1985, excavation shall be permitted only upon the submittal and approval of an entirely new and separate application in accordance with the requirements of this Ordinance.

See Article 11 for more detailed information.

Headquarters for a Contracting Business

An establishment primarily engaged in the administration of a business, which renders services on a fee or contract basis. This use is similar to construction services, but generally is smaller in nature and usually includes the firm's offices with little additional storage.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 Districts Allowed as a Conditional Use. BT-2 WH-2 MD RRA L

Vehicle Parking:
4 off-street parking spaces per 1000 sq. ft. of gross floor area (GFA).

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Heliport

A heliport restricted to private and personal use.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Home Occupations

A home occupation is defined as an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit or accessory structure. Home Occupations shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-2 MD RRA L Districts Allowed as a Conditional Use. WH-1

Vehicle Parking:
In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicle of each employee and the vehicles of the maximum number of users the home occupation may attract during peak operation hours.
See 402.10.11(B) for more detailed information on parking.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
Home Occupations when managed conscientiously and with respect for the neighborhood in which they are situated can offer benefits to both the proprietors and the community, and a productive alternative to the formally structured traditional workplace. Consequently, it is the intent and purpose of this Ordinance to produce liberal, flexible standards for the establishment and maintenance of home occupations, while simultaneously providing the town with a mechanism in which to monitor and regulate their use.

Home Occupation Requirements:

1. A home occupation shall conform to the following requirements:

2. The home occupation shall be carried on primarily within the principal structure or accessory structures.

3. The home occupation shall be carried on by a member or members of the family residing in the dwelling unit. One employee, who is not part of the family residing in the dwelling unit, shall be permitted.

4. The home occupation is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

5. There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building, except such signs as are permitted.

6. There shall be no more than two (2) commercial vehicles kept outside the garage overnight.

7. Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, hazardous materials, odors, heat, or glare shall not be generated.

8. Hours of operation shall be reasonable and normal for residential areas.

9. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood.

10. See "Vehicle Parking" above for details on off-street parking requirements.

11. No more than fifty (50%) percent of the floor area of a residence and an accessory building shall be used for a home occupation.

12. Retail sales are limited to the sale of products or goods produced, fabricated or substantially altered on the premises as a result of the home occupation. This may include products that are not fabricated on the premises as defined above, but which are customarily incidental to the product created by the home occupation.

13. Retail businesses such as restaurants, new or used car sales, auto repair garages, auto body shops, and auto service stations shall not be considered home occupations.

14. The size and number of signs used in connection with a home occupation shall be determined by the sign ordinance.

15. One Home Occupation use may be conducted, as otherwise allowed under the Ordinance, as an accessory use to either an accessory dwelling unit or an existing single-family dwelling, but not both. Solely for the purposes of this paragraph, in-home offices are not considered a Home Occupation.

Hotel and Motel

A building or group of buildings designed for overnight accommodations for travelers and transients in rental guest rooms with or without cooking facilities but most accommodations having their own bathrooms. This definition includes Bed and Breakfasts with more than five (5) rooms, tourist courts, motor courts and motor lodges, but excludes lodging houses, boarding houses, rooming houses and dormitories.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 C

Vehicle Parking:
1.25 off-street parking spaces per guest room, plus 10 parking spaces per 1000 sq. ft. restaurant/lounge, plus 30 parking spaces per 1000 sq. ft. meeting/banquet room.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

In-Home Offices

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. In any district, the Code Enforcement Officer may issue a permit for the operation of an in-home office by one or more residents of a dwelling unit as an accessory use to the dwelling unit. An inhome office shall not be considered a home occupation if the following conditions are met:

1. Customers or clients do not come to the dwelling to receive goods or services;

2. Communication with customers, clients, and business associates is primarily by mail, electronic mail, telephone, or other telecommunication device, and deliveries or pick-ups by truck, if any, occur at an average frequency not substantially greater than the ordinary frequency of delivery truck traffic at a single family residence;

3. There are no signs or any other exterior indications of the in-home office activity;

4. The activities conducted within the in-home office are limited to processes, such as data processing, word processing, desktop publishing, and electronic research, which do not create noise, pollution, or nuisance conditions detectable outside the dwelling;

5. The in-home office does not employ any persons who are not residents of the dwelling unit; and 6. There are no signs (other than a name on a mail box which complies with U.S. Postal Service regulations), exterior exhibits, exterior storage of materials, or any other exterior indications of the in-home office.

Kennels

Any place, building, tract of land, adobe, enclosure, or vehicle where three or more dogs or three or more cats, owned singly or jointly are kept for any purpose, including but not limited to breeding, hunting, show, field trials or exhibition, or where one or more dogs or other pets are kept for their owners in return for a fee. This definition shall not apply to dogs or cats under the age of six months. Conditional Use and Site Plan Review approval by the Planning Board are required for this use to be established.

Districts Where Allowed Districts Allowed as a Conditional Use. C WH-2 RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Light Manufacturing

The fully enclosed assembly or fabrication of materials specifically excluding processes such as smelting, refining, distilling, forging, and similar uses that convert raw materials to a finished or semi-finished product(s). This use may involve warehousing directly associated with the light manufacturing but does not include more traffic-intensive use(s) such as a Trucking Terminal. This use is subject to performance standards in the Light Manufacturing Overlay District. Light Manufacturing shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2

Vehicle Parking:
1.5 off-street parking spaces per 1000 square feet.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Manufacturing and Processing

Uses such as a textile mill, shoe factory, metal fabrication, canning of foods, meat packing or grain mill, the preparation of finished products made from foodstuff, fabrics, leather, wood, paper, rubber, stone, clay, glass, plastics, manmade materials and other similar materials. Manufacturing and Processing shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Mechanical Repair Garages

A place where general mechanical repairs to motor vehicles and related equipment that are predominantly not utilized on roads or highways may be performed. Collision services such as bodywork, frame or fender straightening and repairs such as repainting and undercoating are excluded. The storage or sale of engine fuels and kerosene or the storage of unlicensed vehicles is not permitted. The fabrication of parts for such motor vehicles and related equipment may be performed.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 Districts Allowed as a Conditional Use. C RRA

Vehicle Parking:
4 off-street parking spaces per service bay.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Medical Facility

A facility, which contains establishment dispensing health services including clinics and/or groups of doctors in an office complex. Medical Facilities shall not include any primary or accessory uses associated with the cultivation, sale or dispensing of Medical Cannabis.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-2 BT-1 C VC VCP MD RRA L

Vehicle Parking:
0.4 off-street parking spaces per employee, plus 1 parking space per 3 beds, plus 1 parking space per 5 average daily outpatient visits, plus 1 parking space per 4 medical staff, plus 1 parking space per student/faculty/staff.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Mineral Excavation

Gravel Pit - An excavation for removal, processing, or storage of borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination.

Quarry - An excavation for the extraction of rock

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 C MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Mineral Exploration

Hand sampling, test boring or other methods of determining the nature or extent of mineral resources, which create minimal disturbance to the land.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-2 VC VCP WH-1 WH-2 Districts Allowed as a Conditional Use. RRA

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Mobile home parks

A parcel of land under unified ownership approved by the municipality for the placement of three (3) or more mobile homes.

Mobile Vendor

Mobile Vendor shall mean and include any food service establishment not more than eight (8) feet in width and eighteen (18) feet in length attached to wheels and which is capable of moving under its own power or being a self-contained unit to be readily moved and must have a wash basin and napkins if selling food, and which has all utilities and facilities contained within it or is capable of hookup thereto, in order to serve persons present at its location. The term shall exclude any use which falls exclusively within the definition of lunch wagon" under 30-A.M.R.S.A. Sec. 3931 as amended from time to time."

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 C VC VCP MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Motel (< 11 rooms)

A building or group of buildings designed for overnight accommodations for travelers and transients in rental guest rooms with or without cooking facilities but most accommodations having their own bathrooms. This definition includes Bed and Breakfasts with more than five (5) rooms, tourist courts, motor courts and motor lodges, but excludes lodging houses, boarding houses, rooming houses and dormitories.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-2 RRA L

Vehicle Parking:
1.25 off-street parking spaces per guest room, plus 10 parking spaces per 1000 sq. ft. restaurant/lounge, plus 30 parking spaces per 1000 sq. ft. meeting/banquet room.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Multi-family Development

A lot which contains one or more multifamily dwellings, two or more two- family dwellings, three or more single family dwellings, or any combination of buildings containing more than four (4) dwelling units on a single lot. An affordable housing development is considered to be a type of multifamily development if the subject parcel contains the requisite number of dwelling units per this definition.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 C VC VCP MD

Vehicle Parking:
2 off-street parking spaces per dwelling unit.

Development Requirements:
In addition to the prior provisions of Section 10 for Site Plan Review, multi-family developments in all Districts shall meet the following standards:

A. Perimeter Buffer Strip

A buffer strip of at least fifty (50) feet in width shall be required around the perimeter of the land area for which the multi-family project is proposed. The required buffer strip shall consist of undisturbed vegetation provided that the existing vegetation consists of mature trees and acts as an effective screen. If existing vegetation provides a poor visual screen, a mix of new landscaping including trees, shrubs and grasses shall be planted.

B. Driveways and Parking

The scale and surface area of parking areas, driveways and paved areas shall:

• be compatible with adjacent structures, and;
• be located in the rear of the property, and;
• be properly screened from the roadway as applicable, and;
• provide for parking in accordance with the requirements of the Site Development Standards for Site Plan Review (Section 402.10.11).

C. Internal Road Access to all Units

Access to all housing units within the multi-family development shall be located on the new interior road system constructed as part of the development.

D. Orientation and Scale of Buildings

Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas, in accordance with an overall plan for site development. Buildings shall be compatible in terms of physical size, visual impact, intensity of use, proximity to other structures and density of development with other permitted uses within the District, as practicably achievable based on the Planning Board’s determination. In addition:

1. Individual lots, buildings, streets and parking areas shall be designed and situated:

a. To minimize alterations of the natural site;
b. To avoid the adverse effects of shadows, noise and traffic on the residents of the site;
c. To relate to surrounding properties, to improve the view from and of a building;
d. So that all dwelling units may take advantage of points of solar access.

2. Diversity and originality in lot layout and individual building, street, parking and lot layout shall be encouraged.

E. Number of Units per Building and Minimum Separation

1. In the Village Center zoning district, the maximum number of attached dwelling units per structure shall be thirty (30) for multi-family developments sited on lots of 14 acres or larger provided that the footprint of the multi-family development structure is less than 15,000 square feet.

2. For multi-family developments in all other zoning districts and in the Village Center zoning district on lots less than 14 acres, the maximum number of attached dwelling units per structure shall be ten (10).

3. For all multi-family developments, the distance between the foundations of any two principal structures shall be no less than the height of the taller of the two buildings, but in no event shall a building separation of less than thirty (30) feet be permitted.

4. Multi-family dwellings shall also be subject to the provisions of 402.7.23, entitled “Two or More Dwelling Units on One Lot.”

F. Utilities. See 402.10.14(F) for detailed information.

G. Shoreland zoning requirements

A multi-family housing development must comply with shoreland zoning requirements established by the Department of Environmental Protection under 38 M.R.S.A. Chapter 3 and the Town of Gray’s Shoreland Zoning Ordinance, Chapter 403.

H. Subdivision requirements

This section may not be construed to exempt a subdivider from the requirements for division of a tract or parcel of land in accordance with the requirements of 30-A M.R.S.A. Section 4401-4408 regarding subdivisions.

I. Affordable Housing Developments

1. Affordable housing shall meet one of the requirements set forth: see 402.10.14(I)(1) for details.

2. Affordable Housing Developments are subject to the standards in this section, see 402.10.14(I)(2) for details.

3. A multi-family development that meets the definition of an affordable housing development is permitted a density of 2 ½ times greater than the maximum number of units allowed on a lot based on dimensional requirements in this Ordinance and the Net Residential Area/Net Residential Density requirements (as applicable) in the Subdivision Ordinance, and if located within a designated growth area, or if served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. The development must comply with minimum lot size requirements in accordance with 12 M.R.S.A. Chapter 423-A as applicable.

4. A multi-family development that meets the definition of an affordable housing development is not required to provide more than two (2) off-street parking spaces for every three (3) units.

5. Long-term affordability. See 402.10.14(I)(5) for details.

Multi-family Dwelling

A building containing three or more dwelling units, such buildings being designed for residential use and occupancy by three (3) or more families living independently of one another, with the number of families not exceeding the number of dwelling units.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
2 off-street parking spaces per dwelling unit.

Municipal Uses

A municipally owned or operated facility performing any governmental function including but not limited to municipal buildings, structures and facilities, public parks, public recycling facilities, public recreation facilities and fire stations. This definition does not include public schools.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 BT-2 C VC VCP WH-2 RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Nursing and Convalescent Home

An institution that provides nursing or convalescent care to chronic or convalescent patients, but does not provide hospital services such as an operating room or x-ray facility unless incidental to the delivery of nursing or convalescent care.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 C MD RRA L

Vehicle Parking:
1 off-street parking space per room.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Office

The place within and from which a person or persons conducts a business providing, by way of example, but not limited to, a trade, professional or service to clients or customers. Business and professional offices may include, but are not limited to, offices for plumbing, electrical, and other construction trades, firms or contractors (including headquarters); and for lawn care and building cleaning companies; and for lawyers, doctors, accountants, engineers and other professional consultants. Personal services, medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, are not included in this definition.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 C VC VCP Districts Allowed as a Conditional Use. BT-1 BT-2 WH-2 MD

Vehicle Parking:
4 off-street parking spaces per 1000 square feet of gross floor area (GFA).

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Personal Services

Uses such as a laundromat, laundry, dry cleaning establishment, beauty shops, barber shops, shoe repair, photographic studio and similar businesses providing services of a personal nature.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 C VC VCP

Vehicle Parking:
3.5 off-street parking spaces per 1000 square feet of gross floor area (GFA).

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Places for Public Assembly, Indoor and Outdoor

Public Assembly – Indoor - Use such as theaters, playhouses, arenas, field houses or auditoriums.
Public Assembly – Outdoor - Use such as drive-in movies, race tracks, or stadium.

Districts Where Allowed Districts Where Use is Permitted By Right VC VCP Districts Allowed as a Conditional Use. BD-1 BD-2 RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Planned Unit Development

A commercial and retail land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building, siting, mixtures of commercial and retail types and land uses, usable open spaces, and the preservation of significant natural features.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 C VC VCP

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Private Assembly

A gathering of a number of people for meetings of a private nature such as social clubs, fraternal and service organizations, or cultural enrichment and primarily not for profit.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 C VC VCP

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Private Landing Strips for Personal Aircraft

A landing strip restricted to private and personal use. Includes areas for landing helicopters subject to the provisions of the Ordinance.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 RRA

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Public Utilities

The office, plant, generating facility, substation, or transmission lines of a person, firm or corporation, board or commission authorized to furnish gas, steam, electricity, communication facilities, transportation or water to the public.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Redemption Center

A place of business which deals in acceptance of empty returnable beverage containers from either consumers or from dealers, or both, and which is licensed by the State of Maine as a redemption center.

Districts Where Allowed Districts Where Use is Permitted By Right WH-2 Districts Allowed as a Conditional Use. BT-1 C

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Registered Caregiver

Registered caregiver means a caregiver who is registered by the Maine Department of Administrative and Financial Services pursuant to 22 M.R.S.A. § 2425-A, as may be amended from time to time.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 C VC

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Registered Caregiver Cultivation Area

An indoor area used for cultivation in accordance with Chapter 558-C of Title 22 of the Maine Revised Statutes that is enclosed and equipped with locks or other security devices that permit access only by a person authorized under said law.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 C VC

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Repair Service

A business engaged in the servicing or repair of equipment and goods customarily associated with residential households rather than businesses. Such uses may include, but are not be limited to, the servicing or repair of: appliances, watches, jewelry, bicycles, computers and electronic equipment typically used in households. The servicing of any motorized vehicle, construction-related equipment, or recreational vehicle or accessory is specifically excluded from this definition. In no event shall there be any retail sales or outdoor storage associated with the repair service unless otherwise allowed in the district and specifically approved under Site Plan Review.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 VC VCP Districts Allowed as a Conditional Use. BT-2 C WH-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Research Facility

A building or buildings and/or structure or structures and any accessory equipment or use in directing scientific or other forms of human inquiry into phenomena including but not limited to nature, human nature, the physical environment, eco-systems, other systems and products and devices.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 VC VCP

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Residential Open Space Subdivisions

A form of residential development that provides flexibility in design and promotes creating open space by reducing lot area and bulk requirements for individually owned lots, provided that the allowed number of lots does not exceed the required zoning density standards for the respective district.

Districts Where Allowed Districts Where Use is Permitted By Right MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. Purposes of Residential Open Space Subdivision: The purpose of Residential Open Space Subdivision standards is to encourage greater flexibility and more creative design for the development of residential projects. It is intended to encourage a pattern of residential development which will result in the following attributes:

1. Preservation of Gray’s rural character by retention of open space and its natural resource values as determined by the Planning Board with input from appropriate organizations, other Town staff, and State departments.

2. To the greatest practical extent, preservation of existing landscape features and the utilization of such features in a harmonious fashion.

3. Protection of environmentally sensitive areas.

4. Economical and efficient building arrangement, traffic circulation, and utility construction.

5. Outdoor recreational facilities that may be better utilized and located than would otherwise be provided under more conventional land development.

B. Residential Open Space Subdivisions standards are contained in the Town of Gray Subdivision Ordinance, Chapter 401, in Section 401.13.13.

C. Section 401.13.13.I establishes the purposes of locating individually owned lots in relation to the configuration of the open space. Parties must pay particular attention to this section to ensure that the overall layout of land development is consistent with these standards.

D. Space, bulk, and dimensional standards for Residential Open Space Subdivisions shall be subject to the following:

1. The Planning Board shall have the authority to reduce setbacks to those stated in Table 401.13.13.B.1 of the Town of Gray Subdivision Ordinance.

2. Neither the Planning Board nor the Zoning Board of Appeals shall have the authority to further reduce the setbacks for the entirety of a project.

3. The Planning Board's ability to change setbacks within the project as detailed in Table 401.13.13.B.1 of the Subdivision Ordinance shall not be construed as granting variances to relieve hardship, and the action of the Zoning Board of Appeals shall not be required.

4. All other space standards except those specifically allowed in Table 401.13.13.B.1 of the Subdivision Ordinance for the respective district shall apply to the Residential Open Space Subdivision.

E. Provisions for Multi-Family Development: Provisions for multi-family development are contained in Section 402.10.14 of Site Plan Review. For the purposes of this Ordinance, multi-family development is not considered to be a Residential Open Space subdivision.

Restaurant

A business establishment where food and drink are prepared, served, and consumed primarily within the principal building. Providing food to patrons shall clearly be the primary use and the serving of alcoholic beverages shall be ancillary (see Tavern). Outdoor seating is permitted with Planning Board approval. Drive-Through facilities shall not be permitted unless it is a permitted/conditional use and specifically approved by the Planning Board. In no event shall a Restaurant be permitted to prepare, sell, serve or allow to be consumed on premises cannabis or cannabis products.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 VC VCP Districts Allowed as a Conditional Use. BT-1 BT-2 C

Vehicle Parking:
1 off-street parking space per 3 seats.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Retail Trade

Any business engaged in sales to the ultimate consumer for direct consumption and/or use, and not for resale. The term retail trade shall include such uses as stores for the sale of hardware, food, apparel, furniture, jewelry, drugs, general merchandise, photographic equipment, athletic equipment, appliances, reading material, automobile sales and banks. Retail trade shall not include the sale of cannabis for medical use or adult use, or cannabis paraphernalia.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 VC VCP Districts Allowed as a Conditional Use. BT-1 BT-2 C WH-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

School

An institution either public or private for education or instruction, including a college, university or school conducting classes pursuant to a program approved by the State Board of Education or similar governmental agency, but not including commercially operated schools, such as schools of beauty culture, business, dancing, driving, music or recreation which shall be deemed retail businesses.

Districts Where Allowed Districts Where Use is Permitted By Right MD RRA L Districts Allowed as a Conditional Use. BD-2 BT-1 BT-2 C VC VCP WH-2

Vehicle Parking:
Preschool/Nursery Schools - .35 off-street parking spaces per student plus 1 parking space per employee.
Elementary and Middle Schools - Per parking study specific to institution.
High Schools - Per parking study specific to institution.
College and University - Per parking study specific to institution.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Self-Storage Facility

One or more structures containing separate storage spaces of varying size, leased or rented on an individual basis. Self-storage facilities made up of multiple buildings are limited to a maximum width of 50 feet and a height of 25 feet for each structure. Outdoor storage is prohibited. All self-storage uses are subject to performance standards. Self-storage shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Development Requirements:
A. Purpose. See 402.8.11(A) for details.
B. Applicability. See 402.8.11(B) for detailed information.

C. Minimum Setbacks

1. Any portion of any element of a self-storage facility must be at least three-hundred (300) feet from the edge of a road or right-of-way (ROW), whichever is greater, that is either publicly owned or has a public easement for winter maintenance. No component of a self-storage facility other than one access/driveway may be located within this three-hundred (300) foot setback. All other components of any self-storage facility must respect this minimum three-hundred (300) foot setback specifically including all fill
extensions, buildings, outdoor storage areas, drainage ditches, stormwater infrastructure, and perimeter buffer as specified in section “F” entitled “Perimeter Buffer Requirements.”

2. A perimeter buffer in accordance with standards specified below in section “F” below entitled “Perimeter Buffer Requirements,” is required around the entirety of the facility. Stormwater infrastructure is specifically prohibited from this buffer, such as level lip spreaders, detention basins and similar stormwater infrastructure involving clearing of vegetation. Pipes that may need to pass through the area are permitted.

3. Neither the Zoning Board of Appeals nor the Planning Board shall have the authority to reduce any of the minimum setbacks established above in this section “C” entitled “Minimum Setbacks” except for the perimeter buffer as established in this subsection “F,” entitled “Perimeter Buffer Requirements” and subsection “G” entitled “Outdoor Self-Storage Standards.”

D. Building Requirements

1. One-story self-storage building footprint standards:

a. Maximum length: two-hundred (200) feet
b. Maximum width: forty (40) feet.
c. Maximum height (to the highest point of the structure): twenty-five (25) feet.

2. Two-story self-storage building footprint standards:

a. Maximum footprint of any one structure: seventy-five hundred (7,500) square feet
b. Maximum height (to the highest point of the structure): thirty (30) feet

3. Minimum separation between buildings/minimum drive aisle width: twenty-five (25) feet

4. All buildings/structures utilized for self-storage purposes that face the perimeter buffer shall be completely enclosed with permanent sides/siding. In no event shall such buildings/structures have one or more open sides. Seasonal installation and/or removal of temporary sides, such as fabric or similar, shall not be permitted and shall not be considered permanent sides/siding.

5. All buildings/structures shall comply with Town of Gray Design Standards for self-storage facilities (attached). The applicant shall submit scaled color renderings of all proposed buildings/structures as part of the submittal and the Planning Board will review these as an integral part of their review. The Planning Board shall have the authority to interpret the design standards and require changes to the plans that are consistent with the purpose and intent of the design standards and these performance standards.

6. In the event that a different or future non-residential use is proposed for the front portion of a parcel and selfstorage facility use is proposed for the rear portion, the minimum separation between such structures shall be designed to meet currently applicable setbacks to allow for each use to be located on a separate parcel and must meet the Lot Frontage Development Standards herein.

7. Buildings existing as of April 1, 2023 shall be eligible for re-use as a self-storage facility subject to all of the following standards:

a. The building for re-use must have a footprint no greater than ten thousand (10,000) square feet and be located on the same parcel or a directly abutting parcel containing a self-storage facility existing as of April 1, 2023, and

b. The building for re-use must be within one-hundred-and-fifty (150) feet, irrespective of any property line, of a building in a self-storage facility existing as of April 1, 2023, as measured from building to building, and

c. Any building proposed for re-use shall require Planning Board review and approval, for the purposes of complying with design standards as much as practicable. The Planning Board shall have the authority to require non-structural changes to the building in accordance with design standards as practicable, and

d. Any increases in the volume and/or footprint of a building for re-use, including overhangs, shall require Planning Board review and approval. Such increases shall conform to design standards, as practicable, and

e. In no event shall any increase in volume and/or footprint of a building for re-use purposes be extended to utilize or occupy any additional frontage on a road or right-of-way that is either publicly owned or has a public easement for winter maintenance, other than the portion of frontage occupied by the building that existed as of April 1, 2023, and

f. Increases in volume and/or footprint of a building for re-use, including overhangs that extend towards/closer to a road or right-of-way that is either publicly owned or has a public easement for winter maintenance, shall not be allowed unless the entirety of the building, including the increased volume and/or footprint of the building is at least three hundred (300) feet from the edge of the road or right-of-way, whichever is greater.

E. General Standards

1. Review and approval by the Planning Board is required for any new or expanded self-storage facility. The Planning Board shall review the proposed development under Site Plan Review and design standards, as applicable, and shall ensure that the performance standards in this section are met.

2. Any self-storage facility may consist of one or more combined developed footprint area(s). 3. Each combined developed footprint area shall not exceed three (3) acres/ 130,680 sf. This combined development footprint area shall include all buildings, outdoor storage areas, all stormwater infrastructure, fill extensions, all vehicular accessways, all non-vegetated areas, and similar such areas that are not in their natural state. This calculation shall not include the perimeter buffer and/or buffer areas complying with standards herein.

3. Each combined developed footprint area shall not exceed three (3) acres/ 130,680 sf. This combined development footprint area shall include all buildings, outdoor storage areas, all stormwater infrastructure, fill extensions, all vehicular accessways, all non-vegetated areas, and similar such areas that are not in their
natural state. This calculation shall not include the perimeter buffer and/or buffer areas complying with standards herein.

4. Within a lot with a self-storage facility, site-internal buffers are required to separate each combined developed footprint area. These site-internal buffers shall be a minimum depth of fifty (50) feet and shall conform to the perimeter buffer requirements of Section F, Perimeter Buffer Requirements. As determined by the Planning Board, limited portions of such internal fifty (50)-foot buffers may contain stormwater infrastructure provided that the aesthetic separation between the two areas is maximized.

5. All standards for the self-storage facility, excluding the perimeter buffer, as detailed below herein, must be met and maintained on a parcel owned in fee by one (1) owner/party/entity. In no event shall the ownership of one or more buildings on one parcel be transferred to separate parties/entities.

6. No maintenance and/or repair work of any type shall be allowed on any vehicle and/or equipment that contains any type of fluid that potentially contaminates soil and/or groundwater if leaked. The operator of the facility shall be required to disclose this information to all parties utilizing the self-storage facility and report any instances of fluid leaks to Gray Public Safety within thirty (30) days of becoming aware of any fluid contamination.

7. All self-storage facilities shall be gated with security provisions sufficient to ensure access to the site only by patrons, owners, and those persons needing to access for operations and/or maintenance.

8. The entire perimeter, except the gated entry, of all self-storage facilities areas shall have a sufficient fence, as determined by the Planning Board as part of their review, to discourage/prevent access. Fence details shall be shown on Planning Board submittals. Chain-link fencing is not permissible in areas of the site that are
visible from the road.

9. One (1) office area to provide administrative services solely serving the self-storage facility may be permitted provided that the cumulative area devoted to this use does not exceed two hundred (200) square feet. In the event that such space is part of a facility, a minimum of two (2) dedicated parking spaces within the immediate vicinity of such office area shall be required that do not block access to any accessway or selfstorage unit(s).

10. In addition to applicable lighting requirements established in Article 10, Site Plan Review, all self-storage facilities shall be required to comply with standards in the USA Pattern Lighting Code in the International Dark Sky Association Outdoor Lighting Code Handbook version 1.14.2002 dated December 2000/September 2002 or subsequent update. The Planning Board shall review compliance with such standards, with peer review as necessary at applicant expense, as an integral part of reviewing a proposed facility.

F. Perimeter Buffer Requirements. See 402.8.11(F) for detailed information.

G. Outdoor Self-Storage Standards

1. Any outdoor storage shall be located at least one-hundred (100) feet from any property line and shall be subject to additional standards as detailed in this section.

2. All outdoor storage areas that are storing any vehicles and/or equipment that use or contain any type of petroleum-based fluid, or any fluid that potentially contaminates soil if leaked, shall be impervious with pavement or concrete. All stormwater sheet-flow from such areas shall be directed in water-tight drainage piping into oil/water separators in accordance with professionally accepted practices. Stormwater discharge from the separators shall be daylighted to a readily accessible location that allows for the soil adjacent to stormwater daylighting to be tested in the event of leaks from such vehicles and/or equipment.

3. As part of the Planning Board’s review, with input from qualified consultants at applicants’ expense, the Board shall determine an appropriate stormwater maintenance schedule including periodic testing of soil at the stormwater daylight location and/or where the stormwater from the outdoor storage is absorbed
into the ground.

4. For outdoor storage areas on a parcel(s) located wholly within a Commercial/Industrial zoning district, that do not directly abut any properties outside of a Commercial/Industrial zoning district, per 10.b., the Planning Board will have the authority to approve a reduced buffer to a minimum of fifty (50) feet provided it is at least one hundred (100) feet to the property line.

5. If an outdoor storage area is located adjacent to the perimeter of the facility abutting a property line(s), the minimum depth of the perimeter buffer, in accordance with standards specified below in this section, must be seventy-five (75) feet provided it is at least one hundred (100) feet to the property line.

6. As part of the final approval of the project, the Planning Board shall impose a condition of approval that requires the owner and/or operator (as appropriate) of the facility to submit an annual report containing information that summarizes the condition of the stormwater measures, testing results for potential contaminants associated with the stored items, and any corrective measures that have been completed for the previous year to verify that the stormwater from the outdoor storage is not contaminating the soil and/or adversely affecting groundwater in the vicinity of the facility. This report should be due to the Code Enforcement Officer by January 31st of each year. In the event of a spill or test results that show the presence of any contaminant(s), the owner/operator shall report these findings to the Gray Code Enforcement Officer within five business days of receiving the test results.

7. The maximum cumulative footprint of all area(s) utilized for outdoor self-storage shall not exceed twenty-five (25) percent of the developed portion of the self-storage facility consisting of buildings, accessways, etc. Based on the three (3) acre maximum footprint of the developed portion of the facility specified in “E” in this section entitled “General Standards,” the maximum size of an outdoor storage area is .75 of an acre/32,670 sq. ft.

H. Lot Frontage Development Standards. See 402.8.11(H) for detailed information.

See 402.8.11 for more detailed information.

Similar Uses

A use which is not specifically listed as a permitted or conditional permitted use in the Ordinance but is similar to and not more objectionable than those listed in the Ordinance as determined by the Planning Board under the conditional use criteria of Section 402.9.3. In no event shall medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein be deemed a similar use.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Single-Family Dwelling

A building containing only one dwelling unit for occupation by not more than one family.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
2 off-street parking spaces per dwelling unit.

Solar Energy System, Commercial (Medium and Large-Scale)

A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical or electrical means to be primarily distributed off-site. These systems are not inclusive of Private Solar Energy Systems (PSES).

Solar Energy Systems, Private

A solar collection system used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power solely for on-site use, as an accessory use to the principal structure. These shall consist of roof/building mounted solar collection system equipment and/or ground-mounted equipment consisting of one or more solar panels structurally mounted to the ground. Any system that exceeds the definition of a PSES, as set forth in this Ordinance, shall be considered a Commercial Solar Energy System. A PSES can include one or more of the following:

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 C VC VCP MD RRA L Districts Allowed as a Conditional Use. BT-2 WH-2

Development Requirements:
The following performance standards apply to all Private Solar Energy Systems (PSESs).

A. General standards.

1. All PSESs located on parcels in Shoreland Zoning districts are subject to the provisions of the Shoreland Zoning Ordinance, Chapter 403 and must comply with those standards.

2. No PSESs will be permitted on any property located wholly or partially in the Wellhead-1 (WH-1) zoning district.

3. All PSESs proposed to be located in the Business Transitional-2 (BT-2) or Wellhead-2 (WH-2) zoning districts will be required to provide confirmation from the solar panel manufacturer that the panels to be used in the PSES do not contain PFAS (Per- and Polyfluoroalkyl Substances).

4. PSESs are permitted only as an accessory use to the principal use on the site.

5. All PSESs shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Fire Protection Association (NFPA 1).

6. All wiring shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Electrical Code (NFPA 70).

7. Prior to operation, electrical connections must be inspected and approved by the Town of Gray Electrical Inspector or State Electrical Inspector, as appropriate.

8. Solar panel placement shall be prioritized to minimize or negate any solar glare onto nearby properties, public gathering places, or roadways, without unduly impacting the functionality or efficiency of the PSES. All PSESs using a reflector to enhance solar production shall also minimize glare from the reflector affecting adjacent or nearby properties.

9. In reviewing the permit application for a PSES, the Code Enforcement Officer shall consider safety risks, including, but not limited to, the following:

Weight load;
b. Ingress or egress in the event of fire or other emergency; or
c. Proximity of a ground-mounted system relative to buildings.

B. Roof/Building-mounted Private Solar Energy Systems

Roof-mounted and building-mounted PSESs are permitted as an accessory use to the principal use on site, subject to review and permitting by the Code Enforcement Officer, per the standards herein and with input from town staff and the Fire Chief as necessary.

1. In all zoning districts other than the Commercial Zoning District and Light Manufacturing Overlay District, pitched roof solar panel installations shall be flush-mounted, with the same finished pitch as the roof, and be no more than ten (10) inches above any section of the plane of the roof that protects the structure.

2. Solar panel installations on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five (5) feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

3. Solar panel installations shall not overhang the roof.

C. Ground-mounted Private Solar Energy Systems

1. Ground-mounted PSESs and associated equipment are permitted as an accessory use to the principal use on site, subject to review and permitting by the Code Enforcement Officer, per the standards herein and with input from town staff and the Fire Chief as necessary.

2. Ground-mounted PSESs shall be permitted on a lot held in the same ownership that is divided by a road or right-of-way created on or before September 23, 1971 and is located immediately adjacent on the opposite side of the road or right-of-way. The ground-mounted PSES will not be considered a structure on the vacant lot. Absent the applicability of this provision, Solar Energy Systems proposed as a principal use are subject to the Commercial Solar Energy Systems Overlay District provisions, Section 402.8.10.

3. Setback Requirements

a. The minimum front lot line setback for a ground-mounted PSES solar energy array is thirty (30) feet for all zoning districts, or the front setback as per the dimensional requirements of Table 402.5.4.B for that zoning district, whichever is greater. The front lot line setback shall be measured from the front lot line(s) to the portion of the solar panels closest to the front lot line(s), as oriented at minimum design tilt. The front setback shall be considered the setback from the street frontage as defined (“Frontage, Street”) in Section 402.2.2.

b. The minimum side setback for ground-mounted PSESs solar energy array is ten (10) feet for all zoning districts, or the side setback as per the dimensional requirements of Table 402.5.4.B for that zoning district, whichever is greater. Rear setbacks shall be per the dimensional requirements of Table 402.5.4.B.

c. Setbacks for all other components of a PSES shall be those established by Table 402.5.4.B for the respective zoning district(s).
d. Ground-mounted solar energy systems may not extend into any setback, per Table 402.5.4 B, when oriented at minimum design tilt.

4. Height Requirements
No component of a ground-mounted PSES shall exceed fifteen (15) feet in height when oriented at maximum design tilt, as measured from the highest grade under the PSES to the highest point of the PSES.

See 402.6.12(D) for more information.

Tavern

A business establishment, serving either the general public or a private party, where beverages and/or food are prepared, served, and consumed predominantly within the principal building. Serving beverages shall clearly be the primary use and providing food shall be ancillary (see Restaurant). The retail sale of prepackaged beverages or food to be consumed off the premises is specifically prohibited. Approval by the Planning Board for Conditional Use and Site Plan Review is required for any food or beverage consumption outside the principal building. In no event shall a Tavern be permitted to prepare, sell, serve, or allow to be consumed on premises cannabis or cannabis products.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-2 C VC VCP

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Trucking Terminal

A building or buildings and/or structure or structures and any other facilities for the loading and off-loading of goods from trucks, the temporary storage of said goods, spaces for the temporary overnight parking of trucks, facilities for the normal and routine maintenance of trucks, accessory uses thereto including but not limited to dispatcher's office or administrative or recordkeeping office.

Districts Where Allowed Districts Allowed as a Conditional Use. BD-1 BD-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Two-Family Dwelling

A building containing only two dwelling units, for occupation by not more than two families.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2 BT-1 BT-2 C VC VCP WH-1 WH-2 MD RRA L

Vehicle Parking:
2 off-street parking spaces per dwelling unit.

Warehousing

A land area where goods, wares, and merchandise are stored in a warehouse facility and/or in outdoor areas. This use may involve light manufacturing directly associated with the warehousing but does not include more traffic-intensive use(s) such as a Trucking Terminal. This use is subject to performance standards in the Light Manufacturing Overlay District. Warehousing and associated light manufacturing shall not include any principal or accessory uses related to medical cannabis cultivation facilities, medical cannabis registered dispensaries, adult use cannabis establishments, cannabis food establishments, cannabis extraction, or the manufacturing of cannabis concentrate or cannabis products as defined herein, unless expressly authorized herein.

Districts Where Allowed Districts Where Use is Permitted By Right BD-1 BD-2

Vehicle Parking:
0.7 off-street parking spaces per 1000 square feet of gross floor area (GFA).

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

Wholesale Trade

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wholesale Trade shall not include the sale of cannabis or cannabis products.

Districts Where Allowed Districts Where Use is Permitted By Right VC VCP Districts Allowed as a Conditional Use. BD-1 BD-2

Vehicle Parking:
See 402.10.11(B)(7) for details on parking requirements.

Merchandise Loading:
See 402.10.11(B)(10) for details on loading requirements.

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MapLink™ | Land Uses

This site is under active development. Got it!

Town of Gray, ME

MapLink™ | Land Uses