Town of Gorham, ME -

The Board generally meets

on a *Thursday evening once

a month @ 7:00pm at the

Gorham High School Auditorium.

Appeal applications are kept at

the Code Office. The fee for filing

an appeal is $125.00 for replacment of legally non-conforming.

All other appeals $175.00

SECTION IV _ BOARD OF APPEALS

A. APPOINTMENT AND COMPOSITION

1) The Municipal Officers shall appoint members of the Board of Appeals to the Town of Gorham.

2) The Board shall consist of seven (7) members serving staggered terms of three (3) years. To facilitate the transition from the five (5) member board to the seven (7) member board, appointments during the transition shall be made in the following manner:

(A) Members serving existing five (5) year terms shall serve to the expiration of their current terms.

(B) One new member shall be appointed in April of 1984 to a three (3) year term expiring in 1987.

(D) The five (5) year term expiring in 1984 shall be filled by a member serving a three (3) year term.

(E) All subsequent appointments shall be for three (3) year terms.

The Board shall elect annually a chairman 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.

3) A Municipal Officer may not serve as a member.

4) 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.

5) A member of the Board may be dismissed for cause by the Municipal Officers before the expiration of his term.

B. POWERS AND DUTIES

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.

The Board of Appeals shall have the following powers and duties:

1) Administrative Appeals. 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 Code. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by majority vote.

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 Chapter II, Section I.E. 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. To hear and grant, upon appeal, in specific cases variances as defined in Section V of Chapter I hereto. 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 Code.

A variance may be granted by the Board only where strict application of the ordinance, or a provision thereof, to the petitioner and his property would cause undue hardship. The words "undue hardship" as used in this subsection mean:

A) That the land in question cannot yield a reasonable return unless a variance is granted;

B) That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

C) That the granting of a variance will not alter the essential character of the locality; and

D) That the hardship is not the result of action taken by the applicant or a prior owner.

3) Single_Family Dwelling Set_Back Variance Appeals

A) Notwithstanding Section IV B 2) above, the Board of Appeals may grant a variance from the set_back provisions of this 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:

i) The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

ii) The granting of a variance will not alter the essential character of the locality;

iii) The hardship is not the result of action taken by the applicant or a prior owner;

iv) The granting of the variance will not substantially reduce or impair the use of abutting property; and

v) That 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 set_back 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 set_back 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 Code.

D) In granting by majority vote any variance hereunder, the Board of Appeals may prescribe conditions and safeguards as are appropriate under this Code.

In hearing appeals under this section, the Board of Appeals shall take into consideration the following:

location, character and natural features

fencing and screening

landscaping, topography, and natural drainage

vehicular access, circulation and parking

pedestrian circulation

all potential nuisances

In granting appeals under this section, the Board of Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of this Code.

D. APPEAL PROCEDURE

1) In all cases, a person aggrieved by a decision of the Code Enforcement Officer shall commence his appeal within thirty (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 his appeal, which 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.

2) 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.

3) 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 7 days the mailing of notices but within sixty (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 sixty (60) days following Planning Board recommendation.

4) In appeals for enlargement or physical replacement of non_conforming 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.

5) 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.

6) 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.

7) Written notice of the decision of the Board of Appeals shall be sent to the appellant, the Code Enforcement Officer, the Chairman of the Planning Board and the Chairman of the Town Council within thirty (30) days of the date of the hearing of the appeal of application.

8) At any hearing, a party may appeal by agent or attorney. Hearing shall not be continued to other times except for good cause.

9) The Code Enforcement Officer or his 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 he deems appropriate for an understanding of the appeal.

10) A right of appeal under the provisions of this chapter 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 of 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.

11) 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.

12) 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 Chapter I, Section III (D) (2) and (G) of this Code.

13) A copy of each variance granted by the Board of Appeals shall be submitted to the Department of Environmental Protection within fourteen (14) days of the decision granting the variance.