[Ord. No. 2974 §1(Art. 6 §101), 11-2-2004]
A.
Hearing Actions Before The Board Of Adjustment.
1.
Before making a decision on an appeal from zoning enforcement
action or interpretation or an application for a variance or a petition
from the planning staff to revoke a conditional use permit, the Board
of Adjustment shall hold a hearing on the appeal or application.
2.
Subject to Subsection (3), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.
3.
The Board of Adjustment may place reasonable and equitable limitations
on the presentation of evidence and arguments and the cross examination
of witnesses so that the matter at issue may be heard and decided
without undue delay.
4.
The Board may continue the hearing until a subsequent meeting
and may keep the hearing open to take additional information up to
the point a final decision is made. No further notice of a continued
hearing need be published unless a period of six (6) weeks or more
elapses between hearing dates.
B.
Hearing Actions Before The Planning And Zoning Commission.
1.
Before making a decision on a conditional use permit, the Planning
and Zoning Commission shall hold a hearing on the application.
2.
Subject to Subsection (3), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.
3.
The Planning and Zoning Commission may place reasonable and
equitable limitations on the presentation of evidence and arguments
and the cross examination of witnesses so that the matter at issue
may be heard and decided without undue delay.
4.
The Planning and Zoning Commission may continue the hearing
until a subsequent meeting and may keep the hearing open to take additional
information up to the point a final decision is made. No further notice
of a continued hearing need be published unless a period of six (6)
weeks or more elapses between hearing dates. A vote by a majority
of those Board members present will be made to determine whether the
hearing shall be continued to a later date.
[Ord. No. 2974 §1(Art. 6 §102), 11-2-2004; Ord. No. 3120 §1, 12-19-2006]
A.
The Administrator shall give notice of any hearing required by Section 400.418 as follows:
1.
Notice will be provided in writing to the adjoining property
owner(s), and to the others if not the applicant, as identified by
the latest property tax register provided by Franklin and/or Crawford
Counties and shall be mailed at least fifteen (15) calendar days prior
to the public hearing by regular first class mail.
2.
The notice required by this Section shall state the date, time
and place of the hearing, reasonably identify the lot that is the
subject of the application or appeal and give a brief description
of the action requested or proposed.
[Ord. No. 2974 §1(Art. 6 §103), 11-2-2004]
A.
The provisions of this Section apply to all hearings for which a notice is required by Section 400.418.
B.
All persons who intend to present evidence to the permit issuing
board shall be sworn.
C.
All findings and conclusions necessary to the issuance or denial
of the requested permit or appeal (crucial findings) shall be based
upon reliable evidence. Competent evidence (evidence admissible in
a court of law) shall be preferred whenever reasonably available,
but in no case may crucial findings be based solely upon incompetent
evidence unless competent evidence is not reasonably available, the
evidence in question appears to be particularly reliable and the matter
at issue is not seriously disputed.
[Ord. No. 2974 §1(Art. 6 §104), 11-2-2004]
A.
In response to questions or comments by persons appearing at the
hearing or to suggestions or recommendations by the Planning and Zoning
Commission or Board of Adjustment, the applicant may agree to modify
his/her application, including the plans and specifications submitted.
B.
Unless such modifications are so substantial or extensive that the
Board cannot reasonably be expected to perceive the nature and impact
of the proposed changes without revised plans before it, the Board
may approve the application with the stipulation that the permit will
not be issued until plans reflecting the agreed upon changes are submitted
to the planning staff.
C.
The determination whether a proposed modification is substantial
or extensive is subject to the discretion of the hearing board. A
vote by a majority of those Board members present will be made to
determine whether a new hearing is required.
[Ord. No. 2974 §1(Art. 6 §105), 11-2-2004]
A.
A tape recording shall be made of all hearings required by Section 400.418 and such recordings shall be kept for at least two (2) years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. (Section 89.080, RSMo.)
B.
Whenever practicable, all documentary evidence presented at a hearing
as well as all other types of physical evidence shall be made a part
of the record of the proceedings and shall be kept by the City for
at least two (2) years.
[Ord. No. 2974 §1(Art. 6 §106), 11-2-2004]
A.
Any decision made by the Board of Adjustment or Planning and Zoning
Commission regarding an appeal, variance or issuance or revocation
of a conditional use permit shall be reduced to writing and served
upon the applicant or appellant and all other persons who make a written
request for a copy.
B.
In addition to a statement of the Board's ultimate disposition of
the case and any other information deemed appropriate, the written
decision shall state the Board's findings and conclusions, as well
as supporting reasons or facts, whenever these regulations requires
the same as a prerequisite to taking action.
[Ord. No. 2974 §1(Art. 6 §107), 11-2-2004]
A.
Before making a decision on an appeal from conditional use permit
decision rendered by the Planning and Zoning Commission, the Board
of Adjustment shall review the record on the appeal.
B.
The Board of Adjustment shall review only the record of proceedings
before the Planning and Zoning Commission and then it shall determine
whether or not there is substantial and competent evidence to support
the Planning and Zoning Commission's decision on the conditional use
permit application.
C.
In determining the existence of substantial and competent evidence,
the Board of Adjustment shall not substitute its judgment of the facts
or testimony for that of the Planning and Zoning Commission. Accordingly,
the credibility of witnesses and resolution of conflicts in evidence
are for the Planning and Zoning Commission to decide unless the Board
of Adjustment finds the Planning and Zoning Commission's decision
was against the overwhelming weight of the evidence.
D.
E.
The Board of Adjustment may place reasonable and equitable limitations
on the presentation of arguments so that the matter at issue may be
heard and decided without undue delay.
F.
The Board of Adjustment may continue the hearing until a subsequent
meeting and may keep the hearing open for aggrieved persons to file
briefs outlining their position up to the point a final decision is
made. No further notice of a continued hearing need be published unless
a period of six (6) weeks or more elapses between hearing dates.
G.
Notice shall be given by the Administrator to the appellant and any
other person who makes a written request for such notice by mailing
to such persons a written notice not later than fifteen (15) days
before the hearing.
H.
Accurate minutes shall also be kept of all such proceedings.
I.
A decision by the Board of Adjustment shall be rendered a manner
considered normal for the regular conduct of their official business.
