Work being done on the remainder of the building or structure does not interfere with the occupied part; and

Adequate emergency access and egress is maintained.

The CO shall be granted within seven calendar days of receipt of a completed application, if the Director's inspection finds that the building, structure or use of land is in accordance with the provisions of this chapter and other applicable laws.

If such CO is refused for cause, the applicant shall be notified, in writing, of such refusal within the aforesaid seven calendar days.

All uses and structures except:

Attendance; and

All questions and the vote of each member on all questions.

Pursuant to § C-91 of the City Charter, this meeting shall be open to the general public. Each citizen may speak once during the hearing on a particular item. In each instance, all those citizens or taxpayers of the City of Troy or their duly authorized representative wishing to be heard will be given the opportunity to speak. The Chair, at his/her discretion, may require that those in attendance whose testimony is obviously repetitive substitute a written statement in lieu of oral testimony. Citizens or taxpayers of communities adjoining Troy may be heard, through one representative chosen by them, if the proposed development is within 500 feet of the border separating the adjoining community and the City of Troy.

But for the initial presentation of the applicant, there will be a limit of five minutes to speak on proposed agenda items or to read a prepared statement. The name and address of each speaker must be given as an introduction. The Zoning Board of Appeals will also accept and encourage written and signed statements and petitions as part of public testimony. The primary purpose of the hearing will be for the Zoning Board of Appeals to listen to interested and concerned citizens or taxpayers as individuals. Remarks should be kept relevant to the item(s) on the agenda being discussed. No debate or argumentation shall be permitted. The Chair, at his/her discretion, may require that a speaker sum up his/her testimony in order to proceed with the orderly conduct of the meeting. Testimony will be recorded and maintained in the office of the executive secretary as a public record.

Those appearing in support of the proposal:

Those appearing in opposition to the proposal.

A very brief rebuttal period within which a single representative of each side of the issue may rebut and clarify arguments regarding the proposals, for a period of five minutes each.

Roll call;

Reading of the general procedures for the conduct of public hearings;

Committee reports;

Minor area variances, as defined in § 285-33E;

Old business;

New business involving major area variances, temporary permits, special use permits, use variances; and

Adjournment.

That the land, property, structure or building in question cannot yield a reasonable economic return if used only for a purpose allowed in the zone;

That need for the variance was not caused by the applicant;

That the use to be authorized by the variance shall not alter the essential character of the neighborhood, nor depreciate aesthetic or property values of the locality; and

That the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonable uses of the zoning ordinance itself.

Because of their unique characteristics, some uses must be considered on an individual basis. Such special uses may be permitted only upon authorization by the Zoning Board of Appeals, subject to certain conditions and safeguards. Such special uses shall comply with the provisions of this section. Under no circumstances may the Zoning Board of Appeals authorize a special use permit if any of the following conditions can be expected to result from the special permit authorization:

Such special use permits shall comply with this section, and no variances from the requirements of Subsection B may be granted by the Zoning Board of Appeals. A special use permit granted will be considered to be a legal nonconforming use in the future.

Additional conditions and safeguards that are not less restrictive than this chapter may be imposed by the Zoning Board of Appeals

The granting of the temporary permit shall be in writing stipulating all conditions as to time, nature of development permitted, and arrangements for removing the uses and effects thereof at the termination of the temporary permit.

The granting of a temporary permit shall be accompanied by written stipulations regarding setbacks, lot coverage, off-street parking signage and lighting in order to protect the public health, safety, peace, morals, comfort, convenience and general welfare of the immediate vicinity.

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;

Whether the requested area variance is substantial;

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.

Step 1 (application). Application for Zoning Board of Appeals approval shall be submitted to the Planning Department on forms provided for that purpose.

Step 2 (submittal). A completed application form, together with a plot plan (or a copy of the Planning Board site plan, if prepared) and the appropriate fee, shall be submitted to the Planning Department at least 18 days prior to the Zoning Board of Appeals meeting at which the appeal will be heard.

Step 3 (staff report). The Zoning Board of Appeals staff reports shall have been prepared by the Planning Department and shall have been received by Zoning Board of Appeals members at least seven days prior to the meeting at which they are to be acted upon by the Zoning Board of Appeals

Step 4 (notice). Public notice of every appeal heard by the Zoning Board of Appeals shall be given at least one time in a newspaper of general circulation at least 10 days prior to the Zoning Board of Appeals meeting it announces. One copy of the meeting notice shall be mailed to each applicant named thereon at least 10 days prior to the meeting date. In addition, one copy of the notice shall be mailed to the five most adjacent property owners of record, as per the City Assessor's roll, at least seven days prior to the meeting date.

Step 5 (meet in public hearing). Based only upon the evidence presented in public hearing, the Zoning Board of Appeals shall determine whether the relief sought is granted or denied. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. If approval is granted, the applicant shall submit a site plan to the Planning Board for review. Official approval of an action by the Zoning Board of Appeals shall be made in writing to each appellant and shall state that the approval will expire after six months from the approval date if a work permit is not secured. (See §§ 285-32A and 285-46.)

Step 1. Prior to submission of a formal plan, the applicant may meet in person with a staff person for the Planning Board or any number of its members in an informal meeting to discuss the proposed site plan so that subsequent steps may be taken with a clear understanding of the Planning Board's requirements in matters relating to the development of the site.

Step 1a. The applicant, at his/her option, may request a preliminary hearing by the Planning Board for purposes of conceptual review only. Such review is intended to provide the applicant with guidance prior to submission of a formal plan. Such review is not binding on the Planning Board for the purposes of issuance of a building permit.

Step 2. A completed application form (see Appendix A[1]), the required fee, and 15 copies of the site plan shall be submitted to the Department of Planning and Community Development, hereafter referred to as the “Planning Department,” at least 21 days prior to the Planning Board meeting at which approval is requested. The Planning Department shall certify on each site plan that all provisions of this chapter have been met or, if not, shall list on the plans those requirements of the chapter that are not met.

Step 3 (distribution).

Step 4 (staff meeting). At least 15 days prior to any scheduled meeting of the Planning Board, the staff members may meet to discuss all proposals in order to identify problems, to outline staff reports and to conduct environmental reviews.

Step 5 (staff reports). By the seventh day before any scheduled meeting of the Planning Board, a written staff report for each project shall have been received by all Planning Board members and a public notice shall have been delivered to a newspaper of general circulation to be published five days prior to the meeting. In addition, a copy of the public notice shall be mailed to each applicant 10 days prior to the meeting date, and one copy of the notice shall be mailed to the five most adjacent property owners of record, as per the City Assessor's roll, at least 10 days prior to the meeting date.

Step 6. Meet in public hearing.