Zoning Board of Appeals

The Quincy Zoning Board of Appeals shall consist of 11 members, of which eight are voting members and three are ex-officio (non-voting) members. Eight voting members shall be appointed by the Mayor with advice and consent of the Quincy City Council. Three ex-officio members shall not have voting rights.

• The Director of the Department of Planning & Development
• The Building Inspector
• The Assistant Corporation Counsel

Subject to the provisions set forth below, it shall be the duty of the Board of Appeals to hear and decide appeals of any decision, order or interpretation of the Director of Planning and Development, or his or her designee, arising under the provisions of Chapter 162, zoning regulations, of the municipal code of the city.

Appeals shall be filed within 30 days of a written decision of the Director or appropriate designee by filing with the Secretary of the Board of Appeals a notice of appeal specifying the appeal grounds. Unless the Building Inspector determines that conditions exist on the subject property at the time the appeal notice is filed which pose an imminent peril to life or property, a decision by the Director shall stay all further development of the subject property, unless the Board of Appeals or a court of competent jurisdiction determines otherwise.

Powers of the Zoning Board of Appeals

• Interpretation

1. The Board shall hear and decide appeals of alleged error in any order, requirement, decision or determination made by the Building Inspector, Zoning Administrator, Director of Planning and Development or any other administrative official designated by the Director to enforce the provisions of the zoning regulations; and
2. The Board may permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this subchapter.

• Exceptions. The Board of Appeals shall hear applications for and make recommendations to the City Council for the adoption of ordinances concerning the reconstruction of nonconforming buildings which have been destroyed or partially destroyed by fire or act of God, where the Board finds some compelling public necessity requiring a continuance of the nonconforming use.
• Variations. Except as provided below, the Board of Appeals shall hear application for and make recommendations to the City Council concerning variations. In its consideration of an appeal, the Board of Appeals shall, before making a recommendation, determine that the proposed variation will not impair an adequate supply of light and air to adjacent properties, unreasonably increase congestion in public streets, endanger public safety, unreasonably diminish established property values in the surrounding area, or otherwise impair public health, safety and welfare. The following variations shall be permitted only by ordinance:

1. Variation of parking regulations where an applicant demonstrates that the specific use of a building would make unnecessary the parking spaces required by this subchapter;
2. Variation of the Downtown District building standards where an applicant can demonstrate the use of an alternative building design requirements are appropriate relative to the building types found in the area; and
3. The Director of Planning and Development may administratively grant minor variations, including yard requirements under § 162.062, fence and accessory structures of less than 20% of the required standards upon application by a property owner, so long as the application is accompanied by the written consent of all surrounding property owners to the proposed variation. For fences in side and rear yards, the Director of Planning and Development may administratively grant variations of fence height up to a maximum of eight feet so long as the application is accompanied by the written consent of all surrounding property owners to the proposed variation. Any decision made pursuant to this division may be appealed to the Board of Appeals in the same manner as any other decision of the Director of Planning and Development.
4. Variation of the yard, fence, sign, lot area, lot width or accessory structure regulations where it is found that:

• An exceptional or unusual physical condition of a lot, which condition, yard, given the applicable fence, sign, lot area, lot width or accessory structure size regulations, would prevent a reasonable or sensible arrangement of buildings, fences or signs on the lot;
• The variation is consistent with conditions existing upon other properties in the immediate vicinity and in the same zoning district; and
• Authorization of the variation will not be of substantial detriment to adjacent properties, and will not materially impair the intent and purpose of this subchapter or the public health, safety and general welfare.