Board of Adjustment
The Board of Adjustment of the City of Overland is established in accordance with Chapter 89, RSMo., regarding the zoning of cities.
The Board of Adjustment shall consist of five (5) members, who shall be residents of the city. The membership of the first (1st) Board of Adjustment appointed shall serve, respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members.
All members and alternates shall be removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Adjustment shall elect its own Chairman who shall serve for one (1) year.
The Board of Adjustment meets on call when petitions for variances or appeals are filed. By law, they are required to give public notice fifteen (15) days in advance of a hearing detailing the variance or appeal requested.
The Board of Adjustment shall have the following powers and duties:
- Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Director of Public Works in the enforcement of these regulation
- Variances. To authorize in specific cases a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done.
- Other matters. To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.
Each matter is uniquely considered as based on the evidence presented at the formal Board Hearing. This is a quasi-judicial forum requiring that all evidence by provided under oath, that a transcript of the proceedings is made and preserved and that the members consider only the evidence presented at the hearing to arrive at their decision. Decisions of the Board of Adjustment are final, are not reviewable by the City Council and may be appealed only to the Circuit Court by any party with standing.