You are here:
 Government > Departments > Development and Planning > Division of Planning > Board of Zoning Appeals > FAQs
Board of Zoning Appeals
Frequently Asked Questions
General Zoning QuestionsApplicant Questions
General Zoning Questions
Where can I obtain a copy of the City zoning map?
A zoning map is available on the City website free of charge. Please click here to view the map. A larger, print copy is available for purchase at the Department of Development & Planning for $13.00.
How do I find out what my property is zoned?
You can obtain this information by calling the Division of Building & Codes at (518) 434-5165. In some cases, you'll want to obtain an official letter from the Administrator. You should be prepared to reference the property address and/or Tax Lot ID # when asked.
I found out what my property is zoned, but the use of my property is not listed as one of the permitted uses in that district. Is it "grandfathered?"
The building may be a legal nonconforming use, meaning that it predates the zoning regulations for the area in which it is located. Nonconforming uses are legal if documented and determined so by the Administrator, but are subject to the specific provisions of Section 375-90 of the City Zoning Ordinance. In the alternate circumstance, the property may have obtained a variance to permit that deviation from the zoning because of a hardship or unique circumstance related to that particular property.
I found out what my property is zoned, but my existing builidng(s) does not meet the lot or yard requirements for that district. Is it "grandfathered?"
Similar to the above, the lot or yard deficiency may be legally nonconforming, meaning that it predates the zoning regulations for the area in which it is located. Nonconforming conditions are legal if documented and determined so by the Administrator, but are subject to the provisions of Section 375-90 of the City Zoning Ordinance. The property may also have obtained a variance to permit that particular deviation from the zoning regulations.
I need documentation from the City confirming that my property is a legal nonconforming use. Where do I obtain this documentation?
You can obtain an official determination from the Administrator by writing the Division of Building & Codes and requesting a Legal Use Letter. Please be specific and allow at least 1-2 weeks for a response.
How can I obtain a copy of a zoning decision?
Copies of all Board of Zoning Appeals decisions can be obtained from either the Department of Development & Planning or the City Clerk's office. A FOIL request may need to be submitted.
How do I report a violation?
Call the Division of Building & Codes at (518) 434-5165.
Applicant Questions
How long does the zoning approval process take?
Timelines can vary significantly based upon the nature and complexity of the appeal. The average case takes about 2-3 months. A well-documented application can help expedite the approval process.
I am interested in purchasing a property, but my intended use of the property will require approval by the Board of Zoning Appeals. What should I do?
The applicant should consult his/her attorney to determine how to proceed. If the applicant knowingly purchases a property for a use that is not permitted, this is a self-created hardship and could affect the outcome of the appeal.
I need to begin work on a project immediately. Will you make an exception and place my case on an agenda for which the submission deadline has passed?
No. We recognize that many projects are time sensitive, but both the Board of Zoning Appeals and City staff need adequate time to review the appeal and prepare the case materials. There is also a legal notice requirement that must be fulfilled in advance of the public hearing.
Can I begin work on my project prior to receiving Board approval?
The applicant may be able to begin work on certain portions of a project if cleared by the Division of Building & Codes, but does so at their own risk. The applicant may not begin work on any portion of a project that is the subject of an appeal.
I need to start work on my project as soon as possible. Will the Board expedite my decision?
No. The Board reviews applications based upon the legally binding criteria set forth in the ordinance and must assure that these criteria are sufficiently met. A well-documented application can help expedite the review process.
The Board did not make a decision on my case at the public hearing. What happens next?
The case is placed on the "pending" agenda, where it remains until a decision is rendered. In some cases, the Board is awaiting additional documentation from the applicant or from City staff. In other cases, the application simply requires a more extensive review.
If my case is pending, do I need to appear at the public hearing?
No. Each application receives one public hearing where the applicant is required to appear and public testimony is given. The applicant may choose to appear at a public hearing where his/her case is on the pending agenda, but there is no assurance that the Board will make a decision.
If my case is pending, when is the next time the Board can make a decision?
The Board can make a decision at any formal public hearing. Hearings are typically scheduled for the 2nd and 4th Wednesdays of each month.
Will I be notified when the Board makes a decision?
Yes. A written notification will be mailed to the applicant within 1-2 weeks of the decision. A listing of decisions rendered are also placed on the City website the day after the hearing.
Should I hire an attorney to represent me?
The applicant may choose to have an attorney complete or speak on behalf of his or her application. Use of an attorney is at the discretion of the applicant. For more involved cases, it is recommended that the applicant consult with an attorney to determine a course of action. This is especially recommended in the event of a Use Variance application.
Should I hire an architect and/or engineer?
Some applications require professional drawings or documents. The applicant should use their judgement or confer with City Planning staff to determine whether professional assistance is necessary.
Will City staff help me complete my application?
City staff is available to help the applicant understand the applicable zoning criteria, application documents and guide the applicant through the appeals process. However, staff generally abstains from providing technical arguments and will not complete any portion of the application for the applicant.
|