MapLink™ | Procedures | Application for Board of Adjustment review

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Application for Board of Adjustment review
Procedure. The procedure for requesting a hearing before the Board of Adjustment shall be as follows.
(1) All applications to the Board of Adjustment shall be in writing on forms provided by the Board of Adjustment and filed with the City Clerk.
(2) The Board of Adjustment shall fix a reasonable time for the hearing of an application, and give public notice thereof, as well as due notice to the parties in interest as required by Section 89.100, RSMo. The Board of Adjustment shall post public notice of such hearing in a prominent location at the City Government Center at least 15 days in advance of such hearing. The Board of Adjustment may also provide public notice by posting same on the property for which a variance is to be considered and posting notice at the City's website. The Secretary shall submit a list of those persons receiving the notice to the Board of Adjustment at the public hearing.
(3) An application shall be accompanied by a filing fee in an amount established by the Board of Aldermen. A separate filing fee shall be required for each request.

Additional requirements. In addition to the above requirements, certain applications require additional information as follows:
(1) Appeals.
(a) An application for an appeal shall be filed within 60 days after a ruling has been made by the appropriate administrative officer or board.
(b) A copy of the order, requirement, decision, or determination of the appropriate administrative officer or board, which the applicant believes to be in error, shall be submitted.
(c) A clear, accurate, written description of the proposed use, work, or action for which the appeal is involved and a statement justifying the applicant's position.
(d) Where necessary, a plat plan, drawn to scale, in duplicate showing existing conditions and proposed plans for the area in question shall be submitted.
(2) Variances.
(a) The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the four conditions as set out in § 26-3D.6.b.(2)(a), of this chapter.
(b) The applicant shall submit a sketch, in duplicate, drawn to scale, and showing the lot or lots included in the application; the structures existing thereon; and the structures contemplated necessitating the variance requested. All appropriate dimensions and any other information, which would be helpful to the Board of Adjustment in consideration of the application, shall be included.
(3) Reapplication to Board of Adjustment. In the event that an appeal is denied by the Board of Adjustment, reapplication for the purpose of review of the same appeal on the same property, or part thereof, shall not be accepted by the City until six months following the date of final action on the original appeal, unless it can be shown to the satisfaction of the Director of Public Services that substantial new evidence, not available during review of the original appeal, will be presented.