Rules of Procedure for the Board of Adjustment
RULE 1
The person
acting as Director of Planning and Development for the City of Springfield
shall act as Secretary for the Board of Adjustment and is hereby
authorized and directed to publish, deliver, mail, and sign for
on behalf of the Board of Adjustment on notices required. The Director
of Planning and Development shall not accept any applications for
any meeting which are not filed at least thirty (30) days prior
to said meeting. (As amended 10/15/74)
RULE 2
Meetings of
the Board of Adjustment shall be held at the call of the Chairman
and at such other times as the Board may determine, but unless otherwise
specified, the regular meeting shall be the first Tuesday, or Wednesday
as an alternate date, of each month at 1:30 p.m. on the third floor
of the City Hall in the City Council Chambers, Springfield, Missouri.
(As amended 10/5/76)
RULE 3
(a)
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Four
members in attendance at any meeting shall constitute a quorum
of the Board of Adjustment. (As amended 7/23/64) |
(b)
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If
at any meeting of the Board of Adjustment, a quorum shall fail
to be present, or if at any meeting of the Board of Adjustment
it should be suggested that a lack of quorum exists and the
Board so finds, then the Chairman or Acting Chairman, shall
adjourn such meeting to the earliest possible date in order
to afford a full hearing upon such appeal or application pending.
(As amended 7/23/64) |
RULE 3(A)
The
Board shall, at its regular January meeting each year, elect by
a majority of its membership, a Chairman of the Board who shall
serve until his successor has been elected and qualified, and in
the same manner shall elect a Vice-Chairman, who shall serve in
the absence or inability of the Chairman to act or perform the functions
of his office. (As amended 12/2/75)
RULE
3(B)
Parliamentary
procedure in Board meetings shall be governed by "Roberts Rules
of Order, Newly Revised," except as specifically modified herein.
(As amended 8/2/94)
RULE
4
Motions
for continuance in any cause pending before the Board may be granted
by the Board, within its discretion, and should for any reason a
cause be continued, then such cause will be automatically set for
hearing on the next regularly scheduled meeting of the Board or
at such sooner time as the Board may set, and it will be the duty
of all interested persons to appear for such hearing without further
notice. (As amended 7/23/64) An applicant to the Board may waive
this provision by filing in writing, a request that this matter
be tabled or by requesting in person or by legal representative,
that this matter be tabled, which personal request shall be followed
by an identical request in writing. If the Board tables a matter
upon such a request, the Board is required to take action upon such
matter following bringing such matter off the table at the next
regular meeting of the Board at which such matter may be considered.
All matters tabled for a period of 180 days without substantive
amendment or final action shall be denied and removed from the agenda
without further action by the Board. (As amended 8/24/84)
RULE
4(A)
The
Secretary shall prepare an agenda for such meeting and the order
of business therein shall be as follows:
| (a) |
Roll Call |
| (b) |
Approval
of Minutes |
| (c) |
Unfinished
Business |
| (d) |
Communications |
| (e) |
Hearings |
| |
Exceptions |
| |
Variances |
| |
Appeals |
| (f) |
Reports |
| (g) |
New Business |
| (h) |
Adjournment
|
(As
Amended 10/15/74)
RULE
5
Unless
a request is made on or before a hearing that a witness or witnesses
be sworn, then it shall be presumed that such swearing is waived.
RULE
6
Any
witness may be cross-examined by any member of the Board, the attorney
for the Board, or any other interested person appearing at such
hearing upon request, but unless such request for cross-examination
is made at or prior to time for such cross-examination, then cross-examination
shall be deemed to be waived. Right of cross-examination will be
subject to reasonable restrictions by the Chairman or Acting Chairman
as to the manner, time and method of such cross-examination.
RULE
6(A)
Each
case coming before the Board shall be heard in the following order:
1.
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The
presentation of the applicant and cross-examination of any of
the applicant's witness. |
2.
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The
presentation of the Planning and Development Department of the
City of Springfield or any other public agency and cross-examination
of their witness. |
3.
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The
presentation of parties opposed to the applicant's position,
not representing any governmental agency, and cross-examination
of their witnesses. |
4.
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The
presentation of rebuttal testimony by the applicant and cross-examination
of the rebuttal witnesses. Rebuttal testimony shall be limited
to new matters made necessary in explanation of matters raised
following the applicant's original presentation or in answer
to matters so raised and shall not be for the purpose of merely
resubmitting or restating matters previously submitted by the
applicant in his original presentation. |
5.
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Arguments
by parties in the same order in which presentations are made.
Such arguments will be limited to five minutes per side unless
special permission shall be given by the Board for additional
time. The applicant shall be given three additional minutes
for rebuttal argument, if desired. (As amended 12/2/75) |
6.
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Each
person addressing the Board shall step up to the podium, state
his name and address for the record, and unless further time
is granted by the Board, shall limit his address to five (5)
minutes. All remarks shall be addressed to the Board as a
body and not to any member thereof. No person, other than
the Board and the person having the floor shall be permitted
to enter into any discussion, either directly or through a
member of the Board, without the permission of the Chairman.
No question shall be asked of a member of the Board except
through the presiding officer. (Adopted 11/3/92)
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RULE
6 (B)
Any
party to any proceeding before the Board shall, insofar as it may
be possible, prepare and submit in advance for hearing, six (6)
copies of any exhibits proposed to be used in the proceeding, which
said submission shall be made to the Board by filing the same in
the office of the Planning and Development Department of the City
of Springfield. The applicant and other proponents shall submit
exhibits at least ten (10) days in advance of the hearing; the Planning
and Development Department, other governmental agencies and departments,
and opponents of the applicant's request shall submit exhibits at
least five (5) days in advance of the hearing. Each exhibit shall
be identified as to the party who intends to sponsor the exhibit
and shall be consecutively numbered or lettered. All material so
submitted shall be deemed a public record and shall be open for
inspection and copy by any person whomsoever. Any exhibit not so
filed shall be admitted by the Board only upon a clear showing that
such filing was not in good faith reasonably possible. (As amended
11/7/78)
RULE
6(C)
Following
presentation of all cases and requests at a meeting, the public
session of the Board shall be declared at an end by the Chairman
so that the Board may make its decisions. (As amended 12/2/76)
RULE
6(D)
It shall be
the burden of the applicant in any case before the Board to present
sufficient facts and testimony that an affirmative decision by the
Board in favor of the applicant will be based upon substantial evidence
upon the whole record of proceedings before the Board. Nothing shall
prohibit any member of the Board inquiring of any witness or party
at any time during the proceedings upon any fact or matter related
to the proceedings, but it shall not be the duty of the Board to
supply any deficiencies in or to seek to provide facts in any proceedings.
(As amended 12/2/75)
RULE 6(E)
If the applicant
or the City provides the Board of Adjustment with information or
evidence that was not included in the packet of information provided
by the City to the Board aproximately one (1) week prior to the
Board's scheduled meeting to consider the case, then said case shall
automatically be tabled for one meeting unless the opposing party
waives any right to such tabling. (Adopted 6/7/05.)
RULE 7
Upon written
request giving the full name, mailing address and phone number of
any desired witness or witnesses, filed with the Secretary of the
Board of Adjustment and directed to the Chairman of the Board of
Adjustment, at least seven (7) days prior to the date set for hearing,
any interested person may request the Chairman to compel the attendance
of any witness deemed necessary for a full hearing, then the Chairman
or Acting Chairman will compel the attendance of any such witness
so requested to be at such hearing for either examination, cross-examination,
or both.
RULE 8
Each member
present at each meeting of the Board will make his separate findings
in regard to each special exception and request for variance and
taken together collectively, such findings will constitute the findings
of the Board of Adjustment in each particular case. The Director
shall be required to serve the Board's findings of fact and conclusions
of law upon all interested parties by regular mail within five (5)
working days from the date of his notification of the Board's decision.
The Director shall post such findings of fact and conclusions of
law in the office of the Board at the expiration of the five day
period.
RULE 8(A)
Any interested
party may, in writing and within seven (7) days of the posting of
the Board's decision in the office of the Board, request that the
Board reconsider on the record any decision which adversely affects
such party. The Chairman shall be required to call a special meeting
to determine whether such decision should be reheard upon the record.
However, the Board may not grant a party's request if that party
did not appear at the original hearing and does not demonstrate
that substantial injustice would be done by refusing to grant such
request. Granting of the request shall act as a nullification of
the Board's previous decision. (As amended 12/2/75)
RULE 8(B)
Any interested
party aggrieved by a decision of the Board may request a rehearing.
The request for rehearing shall be in writing and within seven (7)
days of the posting of the Board's decision in the office of the
Board. The Chairman shall call a special meeting to determine whether
such request should be granted or not; however the Board shall not
grant such request to any party who did not appear at the original
hearing and who cannot demonstrate that there is new evidence to
be presented to the Board because such evidence was not in existence
at the time of the original hearing or was not available to the
person making the request because another interested party had prevented
the discovery of such evidence and because such evidence could not
have been discovered by the party making the request through diligent
efforts on his part. The decision to grant such a request for rehearing
shall act as a nullification of the Board's previous order, and
the Board shall direct the Director to have the appropriate notices
given for the rehearing. (As amended 12/2/75)
RULE 9
No affirmative
relief will be granted any applicant or appellant in any case unless
the applicant, appellant, or his agent or attorney appear in person
or by affidavit in writing duly verified which meets the required
burden of proof, in any case in which the applicant, appellant or
his agent or attorney fail to appear either in person or by written
verified affidavit and no interested person appears protesting the
granting of such relief, then such case will be dismissed by the
Board without prejudice to the applicant to request another hearing
in the time and manner necessary for the first hearing and upon
payment of the required deposit for sending of notices.
RULE 10
Forms this
day presented to the Board designated as BA-001, BA-002, BA-003,
BA-004, BA-005, BA-006 and BA-007 are hereby adopted as the official
forms of the Board to be used in cases coming before the Board of
Adjustment. (As amended 8/7/84)
RULE 11
These rules
may be amended, rescinded, supplemented or repealed at any time
by a concurring vote of four (4) members of the Board of Adjustment.
Passed on January
9, 1957
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