Board of Adjustment
The Board of Adjustment consists of five members and up to 3 alternates who are nominated by the City Manager and appointed by the City Council. Members serve without compensation for one five year term.
The Board of Adjustment holds public hearings and has the following powers:
- To hear and decide appeals where it is alleged that an administrative official made an error in the enforcement of the Zoning Ordinance, in accordance with Section 3-3400;
- To decide any questions involving the determination of the location of any zoning district boundary, if the location is uncertain, in accordance with Section 3-1600;
- To grant variances from the strict application of the terms of the Zoning Ordinance, in accordance with Section 3-3500; and
- To allow special exceptions in accordance with Section 3-3600 of the Zoning Ordinance.
Conduct of Hearings by the Board of Adjustment:
Any person, or his agent, who has an interest in the subject matter of the hearing will be allowed to present evidence, exhibits and argument, and to question, through the Chairman of the Board of Adjustment, witnesses on all relevant issues, subject to the Chairman's imposition of reasonable limitations on the number of witnesses, and the nature and length of testimony and questioning.
Each item on the Board of Adjustment's agenda will be discussed separately in the order listed on the agenda. All testimony at the hearing is under oath (or by affirmation) administered by the Chairman. First the applicant and/or his representatives will make a presentation followed by any others who wish to offer testimony in favor of the applicant's request. The Board may cross-examine any witness. Then, city staff will make a presentation. The Board may cross-examine staff. Then the Chairman will ask if there is anyone present to speak in opposition to the applicant's request. The Board may cross-examine any opposition witness. Time is allowed for rebuttal testimony in the same order as listed above.
The Chairman will recognize those who wish to speak and call them to the podium, one at a time. When you are at the podium, the Chairman will ask you to give your name and address for the record. Please speak clearly and into the microphone because all the public hearings are audio-recorded. Each speaker is allowed five minutes unless additional time is granted by the Board.
Members of the Board of Adjustment base their considerations on the following information and evidence:
- Testimony, exhibits, and argument presented at the hearing, and not upon direct or indirect communication with any party or representative of such party made outside of the hearing;
- Reports, memoranda and other materials prepared by the Director of Planning and Development, Director of Building Development Services, Director of Public Works, other employees of the City of Springfield or consultants in connection with the application and made a part of the record at the time of hearing; and
- Inspections of the site when all interested parties or their representatives have the opportunity to be present, or when no such parties or their representatives are present.