[Amended 8-5-2025 by Ord. No. 25-82]
A. 
The Town Council shall appoint members of the Board of Appeals to the Town of Gorham.
B. 
The Board shall consist of seven members serving staggered terms of three years. The Board shall elect annually a Chair and Secretary from its membership. The Secretary shall provide for the keeping of the minutes of the proceedings of the Board of Appeals, which shall show the vote of each member upon each question. All minutes of the Board shall be public record. A quorum shall consist of four members. All decisions shall be by majority vote of those present and voting.
C. 
A Municipal Officer may not serve as a member.
D. 
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.
E. 
A member of the Board may be dismissed for cause by the Town Council before the expiration of the member's term.
A. 
Appeals shall lie from the decision of the Code Enforcement Officer to the Board of Appeals and from the Board of Appeals to the Superior Court as provided by law.
B. 
The Board of Appeals shall have the following powers and duties:
(1) 
Administrative appeals.
(a) 
To hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Land Use and Development Code, except:
[1] 
Notices of violation, requirements, decisions or determinations concerning any provision of or approval under § 300-1.26, Special exception standards, Part 3, Subdivision, or Part 4, Site Plan Review, of this Land Use and Development Code, shall not be appealable to the Board of Appeals.
[2] 
Decisions or determinations by the Code Enforcement Officer not to undertake an enforcement action shall not be appealable to the Board of Appeals.
(b) 
Also, to hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the Planning Board or Code Enforcement Officer pursuant to Part 2, General Standards of Performance, § 300-2.5. Such action of the Planning Board or Code Enforcement Officer may be modified or reversed by the Board of Appeals by majority vote.
(2) 
Variance appeals.
(a) 
To hear and grant, upon appeal, in specific cases variances as defined in § 300-1.29. Further, in the Shoreland Overlay District, variances may be granted by the Board of Appeals from water setback, shore frontage, and percent of lot coverage and for substantial expansions of nonconforming buildings and structures. In granting by majority vote any variance, the Board of Appeals may prescribe conditions and safeguards as are appropriate under this Land Use and Development Code.
(b) 
A variance may be granted by the Board only where strict application of the ordinance, or a provision thereof, to the petitioner and their property would cause undue hardship. The words "undue hardship" as used in this Subsection B(2) mean:
[1] 
That the land in question cannot yield a reasonable return unless a variance is granted;
[2] 
That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
[3] 
That the granting of a variance will not alter the essential character of the locality; and
[4] 
That the hardship is not the result of action taken by the applicant or a prior owner.
(3) 
Single-family dwelling setback variance appeals.
(a) 
Notwithstanding Subsection B(2) above, the Board of Appeals may grant a variance from the setback provisions of this Land Use and Development Code for a single-family dwelling only when strict application of the zoning ordinance to the petitioner and the petitioner's property would cause undue hardship. "Undue hardship" as used in this Subsection B(3) means:
[1] 
The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
[2] 
The granting of a variance will not alter the essential character of the locality;
[3] 
The hardship is not the result of action taken by the applicant or a prior owner;
[4] 
The granting of the variance will not substantially reduce or impair the use of abutting property; and
[5] 
The granting of the variance is based upon demonstrated need, not convenience, and no other feasible alternative is available.
(b) 
This Subsection B(3) applies only to variances from setback requirements for a single-family dwelling that is the petitioner's primary year-round residence.
(c) 
A variance under this Subsection B(3) may not exceed 20% of the setback requirements and may not be granted if the variance would cause the area of the dwelling to exceed the maximum permissible lot coverage under this Land Use and Development Code.
(d) 
In granting by majority vote any variance hereunder, the Board of Appeals may prescribe conditions and safeguards as are appropriate under this Land Use and Development Code.
A. 
In hearing appeals under this Article 1-4, the Board of Appeals shall take into consideration the following:
(1) 
Location, character and natural features.
(2) 
Fencing and screening.
(3) 
Landscaping, topography and natural drainage.
(4) 
Vehicular access, circulation and parking.
(5) 
Pedestrian circulation.
(6) 
Signs and lighting.
(7) 
All potential nuisances.
B. 
In granting appeals under this Article 1-4, the Board of Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of this Land Use and Development Code.
A. 
In all cases, a person aggrieved by a decision of the Code Enforcement Officer shall commence their appeal within 30 days after issuance of a written decision by the Code Enforcement Officer. The appeal shall be filed with the Town Clerk on forms to be approved by the Board of Appeals, and the aggrieved person shall specifically set forth on said form the grounds for said appeal. A fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the appellant to the Town of Gorham the time of filing the appeal, which fee shall not be refundable. Each appeal shall be filed on a separate form. A separate fee shall be assessed for each appeal, except that a single fee shall be assessed for multiple appeals filed by the same appellant, concerning the same property, and scheduled to be heard by the Board of Appeals at the same proceeding.
B. 
Before taking action on any appeal, the Board of Appeals shall hold a public hearing. The Town Clerk shall cause notice of the appeal to be published in a newspaper of general circulation in the Town at least seven days prior to the date of hearing. The notice shall be in a form which the Town Clerk deems to be an adequate summary of the appeal.
C. 
Following the filing of an appeal, the Town Clerk shall notify forthwith the Board of Appeals, the Code Enforcement Officer and the Planning Board, and the appeal shall be in order for hearing at the next meeting of the Board of Appeals following by at least seven days the mailing of notices but within 60 days of the formal appeal, except that those appeals requiring Planning Board recommendation to the Board of Appeals shall be heard by the Board of Appeals within 60 days following Planning Board recommendation.
D. 
In appeals for enlargement or physical replacement of nonconforming uses, and for special permits for earth material removal, the Town Clerk shall notify by mail the owners of all property within 500 feet of the property involved of the nature of the appeal and of the time and place of the public hearing thereon.
E. 
In the case of administrative and variance appeals, the Town Clerk shall notify by mail only the owners of property abutting the property for which an appeal is taken of the nature of the appeal and of the time and place of the public hearing thereon.
F. 
For the purposes of this section, the owners of property shall be considered to be the parties listed by the Assessor of Taxes for the Town of Gorham as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.
G. 
Written notice of the decision of the Board of Appeals shall be sent to the appellant, the Code Enforcement Officer, the Chair of the Planning Board and the Chair of the Town Council within 30 days of the date of the hearing of the appeal of application.
H. 
At any hearing, a party may appeal by agent or attorney. A hearing shall not be continued to other times except for good cause.
I. 
The Code Enforcement Officer or the Code Enforcement Officer's representative as designated by the Town Manager shall attend all hearings and may present to the Board of Appeals all plans, photographs or other material the Code Enforcement Officer deems appropriate for an understanding of the appeal.
J. 
A right of appeal under the provisions of this Part 1 secured by vote of the Board of Appeals shall expire if the work or change involved is not commenced within six months of the date on which the appeal is granted, and if the work or change is not substantially completed within one year of the date on which such appeal is granted, unless as otherwise provided for in the appeal.
K. 
If the Board of Appeals shall deny an appeal, a second appeal of a similar nature shall not be brought before the Board within one year from the date of the denial by the Board of the first appeal, unless, in the opinion of a majority of the Board, substantial new evidence shall be brought forward, or unless the Board finds, in its sole and exclusive judgment, that an error or mistake of law or misunderstanding of facts shall have been made.
L. 
The applicant shall record any restrictions or conditions of approval imposed by the Board of Appeals before any building permit or certificate of occupancy shall be issued, pursuant to §§ 300-1.17B and 300-1.18.
M. 
A copy of each variance granted by the Board of Appeals shall be submitted to the Department of Environmental Protection within 14 days of the decision granting the variance.
N. 
Notwithstanding § 300-1.25 above, in the event that the Board of Appeals reverses any order, requirement, decision or determination made by the Code Enforcement Officer in conjunction with an administrative appeal filed under § 300-1.23B(1), the applicant shall be entitled to a refund of the application fee paid for that appeal within 30 days of the date that the Board of Appeals’ decision becomes final and unappealable.
[Added 4-5-2022]
A. 
The Planning Board shall have the power and duty to approve, deny or approve with conditions special exceptions only as expressly provided in the applicable zoning districts. The applicant shall have the burden of proving that their application is in compliance with the following standards. After the submission of a complete application, the Planning Board shall approve a special exception application or approve it with conditions only if it makes a positive finding based on the information presented that the proposed use, with any conditions attached, meets the following standards:
(1) 
The proposed use will not create or aggravate hazards to vehicular or pedestrian traffic on the roads and sidewalks, both off-site and on-site, serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage and the visibility afforded to pedestrians and the operators of motor vehicles on such roads;
(2) 
The proposed use will not cause water pollution, sedimentation, erosion, contaminate any water supply nor reduce the capacity of the land to hold water so that a dangerous or unhealthy condition results;
(3) 
The proposed use will not create unhealthful conditions because of smoke, dust or other airborne contaminants;
(4) 
The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard or unreasonably restrict access of light and air to neighboring properties;
(5) 
The proposed waste disposal systems are adequate for all solid and liquid wastes generated by the use;
(6) 
The proposed use will not result in damage to spawning grounds, fish, aquatic life, bird, or other wildlife habitat, and, if located in a shoreland zone, will conserve:
(a) 
Shoreland vegetation;
(b) 
Visual points of access to waters as viewed from public facilities;
(c) 
Actual points of access to waters; and
(d) 
Natural beauty.
B. 
A special exception permit granted by the Planning Board will expire if the use does not commence within two years of the date of said approval. The Planning Board may extend such approval for one additional year upon the applicant's written request submitted prior to the expiration of the initial two-year period, provided the applicant demonstrates that said use cannot commence within the initial two-year period of time because other required permits have not been issued or the special exception approval was appealed. This provision shall not apply to mineral extraction uses, which shall be subject to the provisions of Part 2, Article 2-1,§ 300-2.3C(2).
A. 
To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the special exception application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the special exception application:
(1) 
Publishing and public notice fee;
(2) 
Application fee; and
(3) 
Independent consulting and peer review escrow account to be established with the Town in accordance with Part 2, Article 2-9, of this Land Use and Development Code.
B. 
All fees shall be nonrefundable except unexpended escrow deposits, which shall be refunded in accordance with Part 2, Article 2-9, § 300-2.45, of this Land Use and Development Code. If a special exception application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount, exclusive of escrow deposit.