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Troy board approves variances to allow electronic message centers at historic theater, will recommend code change
Summary
The Troy Planning and Zoning Board approved a use variance allowing electronic message centers in the downtown district for the American Theatre and two related area variances, and agreed to recommend that City Council amend the code so similar relief is limited to comparable historic performance venues.
The Troy Planning and Zoning Board approved a use variance and two area variances that clear the way for electronic message centers and restoration illumination at the American Theatre and agreed to recommend a targeted zoning-code amendment to City Council.
The board approved a use variance to allow EMCs in the downtown district where they are otherwise prohibited, an area variance to permit a second EMC on the lot (the city code limits properties to one), and a variance for an overhang/encroachment above the public sidewalk. All three votes passed by roll call, 5-0.
Board members said the approvals are narrowly focused on the theatre’s historic character and the project’s stated financial and preservation constraints. A board member summarized the finding in the use-variance motion, saying the applicant had shown a hardship tied to the property: the restored signage and illumination are part of the project’s historic-façade work and are tied to preservation approvals and funding.
Public commenter Russ Brooks urged caution about shifting responsibility for EMC regulation from planning to zoning and about the code’s technical limits on EMC operation. “The code specifically says electronic message centers must be approved by the planning commission prior to the director of code enforcement issuing a permit,” Brooks said during public comment, and he urged that planning and code language be clarified before broader use is allowed.
Board members and staff described a two-step approach: grant site-specific relief where the theater’s historic frontage and SHPO-linked funding create a property-specific hardship, and concurrently recommend that City Council amend the zoning code so future approvals for EMCs downtown would be narrowly tailored to historic performance venues rather than opening the entire downtown to digital signage.
The board also asked staff to include planning-level conditions — such as message change intervals, dimming/photocell requirements and maximum brightness — in the planning review so those operational details can be set by the planning commission.
Votes at a glance - Motion to recommend that City Council amend the zoning code to allow narrowly tailored EMC/illumination relief for historic performance venues: motion by Lindsey, second by Evie; roll call recorded as Evie yes; Zach yes; Steve yes; Lindsey yes; Tamara yes. Outcome: approved (board agreed to prepare a resolution to send to Council). - Use variance to allow EMCs and illumination for the American Theatre (finding of hardship tied to historic signage and SHPO-funded work): motion by Lindsey, second by Zach; roll call 5-0 (Evie, Zach, Steve, Lindsey, Tamara). Outcome: approved. - Area variance to permit two EMCs on the lot where one is normally allowed: motion by Lindsey, second by Steve; roll call 5-0 (Evie, Zach, Steve, Lindsey, Tamara). Outcome: approved. - Area variance for sidewalk encroachment/overhang clearance (leaving 8'3" above sidewalk): motion by Lindsey, second by Tamara; roll call 5-0 (Evie, Zach, Steve, Lindsey, Tamara). Outcome: approved.
What the votes do — and do not — do The board’s approvals are narrowly written to this property and tied in the record to the theatre’s historic features and to the applicant’s assertions about SHPO conditions and financing. Board members repeatedly said they intend the council recommendation to clarify the code so the decision does not operate as a blanket precedence for all downtown properties. The planning commission still must review operational details (message duration, color limits, brightness/foot-candle limits and dimming controls) when the applicant appears on its agenda.
Next steps Staff will draft the board’s recommendation to City Council and circulate it for sign-off. The applicant returns to the planning commission for site-plan and operational conditions; planning staff will evaluate the EMC operational provisions identified in public comment and in the board’s discussion.
