It shall be the duty of the Code Enforcement Officer or other person duly authorized by the Town of Gorham to enforce the provisions of this Part 1. If the Code Enforcement Officer shall find that any of the provisions of this Part 1 are being violated, the Code Enforcement Officer shall notify in writing the owner or occupant, indicating the nature of the violation and ordering the action necessary to correct it. The Code Enforcement Officer shall order discontinuance of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Land Use and Development Code to ensure compliance with or to prevent violation of its provisions.
When any violation of any provisions of this Land Use and Development Code shall be found to exist, the Town Council or the Code Enforcement Officer may institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this Land Use and Development Code, the same to be brought in the name of the Town. This provision shall not prevent any person aggrieved by a violation of this Land Use and Development Code from taking appropriate legal action against the violator.
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor, issued by the Code Enforcement Officer. No building permit shall be issued except in conformity with the provisions of this Land Use and Development Code, except after written order from the Board of Appeals. If the building or part is not substantially completed within 18 months of the issuing of the permit, the permit shall lapse. It may be renewed without charge upon application.
[Amended 6-1-2021; 8-5-2025 by Ord. No. 25-82]
A. 
Unless excused by the Code Enforcement Officer, all applications for building permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, the location and dimensions of the proposed building or alteration and the proposed sewage disposal system as required by the Maine State Plumbing Code. The Code Enforcement Officer may require at their discretion additional tests to be performed under the Code Enforcement Officer's observation and at the expense of the applicant. The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance with and provide for the enforcement of this Land Use and Development Code.
(1) 
All newly created lots less than 60,000 square feet of lot area shall be surveyed by a State of Maine licensed surveyor, and all property corners shall be marked with permanent markers. For the purpose of this section, a permanent marker shall be one of the following: a granite monument; a concrete monument; an iron pin; or a drill hole in ledge. A stamped copy of the official boundary survey shall be given to the Code Enforcement Officer for the record and part of the building permit review.
(2) 
Newly created lots greater than 60,000 square feet may require a survey by a State of Maine licensed surveyor if the Code Enforcement Officer determines that the proposed structure proximate to a front, side, rear or shoreland setback warrants concerns about a given setback not meeting the minimum allowed. Should a boundary survey be warranted, all property corners shall be marked with permanent markers. For the purpose of this section, a permanent marker shall be one of the following: a granite monument; a concrete monument; an iron pin; or a drill hole in ledge. A stamped copy of the official boundary survey shall be given to the Code Enforcement Officer for record and part of the building permit review.
(3) 
If any part of the structure is proposed to be located closer than five feet to the minimum front, side, rear or shoreland setback required by the applicable zoning district regulations, or if the Code Enforcement Officer determines that special conditions exist, such as complex curves in the property lines, or other unusual features of lot shape or topography, the Code Enforcement Officer may require that the foundation be set and pinned by a professional land surveyor.
B. 
In all districts, the approval of building permit applications shall be subject to evidence of satisfactory subsurface soil conditions in accordance with Part 2, § 300-2.1, of this Land Use and Development Code.
C. 
No building or structure of any kind shall be erected and no alteration of the natural contour of the land by grading or filling for any purpose shall be permitted in an area subject to periodic flooding or standing water.
D. 
For subdivisions approved after the effective date of this amendment, no building permit shall be issued until an all-weather road access to the building lot for the Town's emergency vehicles has been provided satisfactory to the Public Works Director. At a minimum, such road access shall be constructed of gravel to a twelve-inch depth.
A. 
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Code Enforcement Officer and endorsed to the effect that the proposed use of the building or land conforms with the requirements of this Part 1.
B. 
No building permit shall be issued until an application has been made for a certificate of occupancy, and the certificate of occupancy shall be issued in conformity with the provisions of this Land Use and Development Code upon completion of the work.
C. 
A temporary certificate of occupancy may be issued by the Code Enforcement Officer for a period of six months during construction or alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
D. 
The Code Enforcement Officer shall maintain a public record of all certificates of occupancy.
E. 
Failure to obtain a certificate of occupancy prior to use of the premises shall be a violation of this Land Use and Development Code.
F. 
No certificate of occupancy shall be issued until the applicant has presented evidence to the Code Enforcement Officer that any restrictions or conditions of approval imposed by the Planning Board or Board of Appeals have been recorded in the Cumberland County Registry of Deeds, either by means of notation(s) on a recorded plan or by filing of such other certificate as will provide record notice of such conditions of approval. The cost of recording any such plan of certificate shall be borne by the applicant. If a building permit has been previously issued for the pertinent use, and if the aforementioned evidence has been previously supplied, pursuant to § 300-1.17B, then redundant evidence shall not be required before issuance of a certificate of occupancy.
The application for a building permit shall be accompanied by a fee. The fee shall be determined from the schedule of building permit fees adopted by order of the Town Council. No building permit shall be issued until the fee is paid.
[Amended 7-6-2021]
Prior to the construction or alteration of any driveway or access road within the full width of right-of-way of any Town road or, if within the compact area, of a state or state-aid highway, a written driveway permit shall be obtained from the Code Enforcement Officer. The building permit for any project involving the construction or alteration of a driveway or access road shall be issued only after the appropriate driveway permit has been issued.
A. 
The Town Engineer or designee shall inspect each proposed driveway location, determine the suitability of its location and design with particular emphasis on traffic safety, drainage and erosion control, and prepare a report on the need for a culvert or other improvements within the public right-of-way.
B. 
The owner of the property served by the driveway or access road shall be responsible for the costs involved in installing a culvert, and the work shall be performed by a private contractor.
C. 
The Town Engineer or designee shall determine that the location and design of any driveway or access road is suitable for the intended use, and the Code Enforcement Officer shall collect a sum of money sufficient to cover the installation of a culvert, if necessary, prior to the issuance of any driveway permit.
D. 
The application for a driveway permit shall be accompanied by a fee as set forth in the schedule of driveway permit fees adopted by order of the Town Council. No driveway permit shall be issued until the fee is paid.
[Amended 8-5-2025 by Ord. No. 25-82]
A. 
Use permitted. The installation of a temporary mobile home or other prefabricated housing unit as emergency housing on a residential lot in the Town of Gorham shall be permitted under certain conditions for not more than one year. Emergency housing installations may be approved only to replace the principal place of residence of a Gorham resident which has been rendered uninhabitable by a natural disaster such as fire, flood or earthquake. The use of emergency housing shall be limited to a period of not more than one year.
B. 
The Town Council of the Town of Gorham is authorized to issue a special permit for the installation of an emergency housing unit. The issuance of a special permit shall require the affirmative vote of a majority of the Town Council.
C. 
Procedure. The nature of the permit requires timely action; therefore, no public hearing or posting of the permit application shall be required. However, abutting property owners shall be given written notice at least 48 hours prior to the meeting at which the permit is considered.
D. 
Report of CEO required. The Code Enforcement Officer shall inspect the residence destroyed and the proposed site of the emergency housing, and shall report to the Town Council prior to the issuance of the special permit. The CEO's report shall detail the damage to the residence, its habitability and the suitability of the proposed emergency housing site with specific reference to water supply and sewage disposal.
E. 
Criteria for issuing permit. The Town Council shall find that the following criteria have been met prior to issuing a special permit for emergency housing:
(1) 
That the principal residence of a Gorham resident, which shall be owned, not rented, has been damaged by a natural act, such as fire, flood or earthquake, so as to render it uninhabitable.
(2) 
The presence of the resident on the site is necessary to protect buildings or physical property, to maintain a business or agricultural activity, or to rebuild the damaged property.
(3) 
That the site has available an adequate water supply and a suitable sewage disposal system which complies with Town and state regulations.
(4) 
That the resident intends to reconstruct or replace the damaged structure with a permanent dwelling which complies with all applicable local codes and ordinances within one year of the issuance of the special permit.
F. 
Installation standards. The installation of the temporary housing unit shall be under the supervision of the CEO. The CEO shall establish standards of installation necessary to protect the health and safety of the occupants as well as the general welfare of neighboring residents and the general community. In addition, the placement of the temporary unit shall conform to all yard requirements of this Part 1 unless altered by the Board of Appeals.
G. 
Guarantee of removal. The intent of this section is that emergency housing be allowed for not more than one year while a permanent dwelling is being reconstructed or replaced. To assure that the temporary unit is removed at the conclusion of the year, no temporary housing permit shall become effective and no unit shall be installed until a performance guarantee has been tendered to the Town. This performance guarantee shall be in the form of a certified check, savings account passbook or faithful performance bond running to the Town of Gorham. The amount of guarantee shall be determined by the Town Council but in no case shall be less than $1,000 and its return shall be conditioned on the removal of the temporary housing not later than one year after the issuance of the special permit.
H. 
Action required. Within 90 days of the issuance of a special permit, the applicant shall apply for a building permit to reconstruct the property and shall commence reconstruction of the property. If a building permit is not issued within 90 days and work commenced, the action of the Town Council shall be void and the temporary housing shall be immediately removed and the grounds shall be cleaned of debris within one year.
[Added 2-3-2026 by Order No. 26-10]
A. 
The Department of Community Development is authorized to adopt and amend a submission policy governing all applications submitted for review under this Land Use and Development Code, including but not limited to subdivisions, site plans, conditional uses, special exceptions, variances, and other development approvals. The submission policy may specify formats, required media, number and size of copies, file naming conventions and digital standards, and administrative filing procedures. The submission policy shall not alter substantive review standards, approval criteria, or procedural requirements established by this Land Use and Development Code or by state law.
B. 
The current submission policy shall be published on the Town's official website and made available at the Department of Community Development office.