Concord City Zoning Code

ARTICLE XXXVI

Zoning Board of Appeals

§ 150-197 Definitions; establishment.

Definitions. As used in this article, the following terms shall have the meanings indicated:

The authorization by the Concord Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.

The authorization by the Concord Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

Appointment of members. The Concord Town Board shall appoint a Concord Zoning Board of Appeals consisting of five members. In the absence of a Chairperson, the Concord Zoning Board of Appeals may designate a member to serve as Acting Chairperson. The Concord Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Concord Town Board for such purpose.

Vacancy in office. If a vacancy shall occur otherwise than by expiration of terms, the Concord Town Board shall appoint the new member for the unexpired term.

Removal of members. The Concord Town Board shall have the power to remove any member of the Concord Zoning Board of Appeals for cause and after public hearing.

Chairperson duties. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

In all other respects, the provisions of § 267 of the Town Law shall apply to the powers of the Town Board in regard to appointment and removal of members of the Zoning Board of Appeals.

§ 150-198 Powers and duties.

Special permits.

Temporary structures or uses. The Concord Zoning Board of Appeals may authorize a temporary and revocable permit for not more than two years for a use or structure that does not conform to the regulations of this chapter for the district in which it is located, provided that the following findings are made:

Such use is of a temporary nature and does not involve the erection or enlargement of any permanent structure.

In case of a renewal of such permit, that all conditions and safeguards previously required have been complied with.

Extension of time limit for permitted temporary structures or uses. The Concord Zoning Board of Appeals may authorize the continuation of temporary structures or uses incidental to construction work, provided that the following findings are made:

That the nature and scale of the construction is such to require a longer period of time for completion.

That such construction has been diligently prosecuted or that any delays have been unavoidable.

Modification of regulations.

Reduction of parking spaces for places of assembly. The Concord Zoning Board of Appeals may authorize a reduction of not more than 50% in the number of required off-street parking spaces for places of assembly when located on the same lot with other uses, provided that the following findings are made:

That in accordance with the times of operation and times of peak demand, there will be no conflict in the joint use of such off-street parking spaces.

Reduction of parking spaces where public off-street parking facilities are available. Where public off-street parking facilities other than parking provided for a public building are available, the Concord Zoning Board of Appeals may reduce, on a pro rata basis, the parking requirements for all uses within 600 feet of any boundary of such public parking facility.

Exception from exterior side yard requirements. The Concord Zoning Board of Appeals may modify the exterior side yard requirements for principal buildings on deep corner lots, provided that the following findings are made:

That the rear yard is at least 50 feet in depth.

That such modification will not adversely affect the adjoining property.

Exception from fence height limitations. The Concord Zoning Board of Appeals may permit a fence up to eight feet in height in any rear yard, not a front yard equivalent, or in any side yard, not a required side yard, provided that such fence is at least 10 feet from any property line and that the following findings are made:

That such fence shall not unduly shut out lights or air to adjoining properties.

That such fence shall not create a fire hazard by reason of its construction or location.

§ 150-199 Procedures.

The Zoning Board of Appeals shall follow the procedures set forth in § 267-a of the Town Law and act on appeals and grant variances subject to the requirements of § 267-b of the Town Law. Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals or any officer, department, board or bureau of the Town of Concord may apply to the Supreme Court for review in accordance with § 267-c of the Town Law.

Concord City Zoning Code

ARTICLE XXXVI

Zoning Board of Appeals

§ 150-197 Definitions; establishment.

Definitions. As used in this article, the following terms shall have the meanings indicated:

The authorization by the Concord Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.

The authorization by the Concord Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

Appointment of members. The Concord Town Board shall appoint a Concord Zoning Board of Appeals consisting of five members. In the absence of a Chairperson, the Concord Zoning Board of Appeals may designate a member to serve as Acting Chairperson. The Concord Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Concord Town Board for such purpose.

Vacancy in office. If a vacancy shall occur otherwise than by expiration of terms, the Concord Town Board shall appoint the new member for the unexpired term.

Removal of members. The Concord Town Board shall have the power to remove any member of the Concord Zoning Board of Appeals for cause and after public hearing.

Chairperson duties. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

In all other respects, the provisions of § 267 of the Town Law shall apply to the powers of the Town Board in regard to appointment and removal of members of the Zoning Board of Appeals.

§ 150-198 Powers and duties.

Special permits.

Temporary structures or uses. The Concord Zoning Board of Appeals may authorize a temporary and revocable permit for not more than two years for a use or structure that does not conform to the regulations of this chapter for the district in which it is located, provided that the following findings are made:

Such use is of a temporary nature and does not involve the erection or enlargement of any permanent structure.

In case of a renewal of such permit, that all conditions and safeguards previously required have been complied with.

Extension of time limit for permitted temporary structures or uses. The Concord Zoning Board of Appeals may authorize the continuation of temporary structures or uses incidental to construction work, provided that the following findings are made:

That the nature and scale of the construction is such to require a longer period of time for completion.

That such construction has been diligently prosecuted or that any delays have been unavoidable.

Modification of regulations.

Reduction of parking spaces for places of assembly. The Concord Zoning Board of Appeals may authorize a reduction of not more than 50% in the number of required off-street parking spaces for places of assembly when located on the same lot with other uses, provided that the following findings are made:

That in accordance with the times of operation and times of peak demand, there will be no conflict in the joint use of such off-street parking spaces.

Reduction of parking spaces where public off-street parking facilities are available. Where public off-street parking facilities other than parking provided for a public building are available, the Concord Zoning Board of Appeals may reduce, on a pro rata basis, the parking requirements for all uses within 600 feet of any boundary of such public parking facility.

Exception from exterior side yard requirements. The Concord Zoning Board of Appeals may modify the exterior side yard requirements for principal buildings on deep corner lots, provided that the following findings are made:

That the rear yard is at least 50 feet in depth.

That such modification will not adversely affect the adjoining property.

Exception from fence height limitations. The Concord Zoning Board of Appeals may permit a fence up to eight feet in height in any rear yard, not a front yard equivalent, or in any side yard, not a required side yard, provided that such fence is at least 10 feet from any property line and that the following findings are made:

That such fence shall not unduly shut out lights or air to adjoining properties.

That such fence shall not create a fire hazard by reason of its construction or location.

§ 150-199 Procedures.

The Zoning Board of Appeals shall follow the procedures set forth in § 267-a of the Town Law and act on appeals and grant variances subject to the requirements of § 267-b of the Town Law. Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals or any officer, department, board or bureau of the Town of Concord may apply to the Supreme Court for review in accordance with § 267-c of the Town Law.