Board of Adjustment 

 

HOW TO REQUEST A VARIANCE

When a Permit (building/sign/fence) has been denied, the Applicant has the right to appeal the decision to the Board of Adjustment. The procedure is as follows:

     A COPY OF THE APPLICATION MAY BE DOWNLOADED HERE!

  1. All applications to the Board of Adjustment shall be in writing on forms provided in the Public Works Department and shall be filed in that department.
  2. A time for the hearing of the application is scheduled and public notice of the time, place and subject of each hearing shall be given. Notice may also be published in a newspaper of general circulation within the city. All adjoining property owners are given notice by regular first class mail or by personal delivery of the hearing at least one week prior to such hearing.
  3. An application shall be accompanied by a list of the names and address of the adjacent property owners and a filing fee in an amount of $75.00. A separate filing fee is required for each request. For example, if an application is received to erect three signs and all three are in violation of the size regulations - the fee would be $225.00.
  4. An application shall be filed within thirty days after the Director of Public Works and/or the plan reviewer has made a ruling.
  5. A copy of the decision or determination of the Director of Public Works, which the applicant believes to be in error, shall be submitted.
  6. A clear and accurate written description of the proposed use, work or action to which the appeal is involved and a statement justifying the applicant’s position.
  7. Where necessary, a plot plan, drawn to scale, in duplicate, showing existing conditions and proposed plans for the area in question, (along with existing structures and proposed structures) requiring the variance, shall be submitted.
  8. 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 (4) conditions as set out in the Zoning Ordinance (Section 400.875).

How long do I have, if the variance is approved?

No variance granted by the Board of Adjustment shall be valid for a period longer than one hundred-eighty (180) days from the date upon which the variance is granted, unless within such period:

  1. A building permit is obtained and the construction, or alteration of the structure is commenced and pursued diligently toward completion; or
  2. A certificate of occupancy is obtained and a use or occupancy commenced. The Board may grant extensions not exceeding one hundred eighty (180) days, upon written application, with notice or hearing.

There are five (5) members on the Board and a concurring vote of four (4) members shall be necessary to reverse any order, decision or determination of any such administrative official, or to decide in favor of the applicant.

What can I do, if the variance is denied?

Any person(s) jointly or severally aggrieved by any decision of the Board of Adjustment or any officer, department or board of the city, may present to the circuit court of the county a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the ground of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment.

(Detailed information may be found in Section 400.855 through 400.900 of the Municipal Code Book, Article 15 of the Zoning Regulations)

More questions? Call us at 428-4677 or email us at publicworks@overlandmo.org

 

City of Overland
9119 Lackland Road
Overland, MO 63114

Phone (314) 428-4677

FAX (314) 428-3515

Ann Purzner, Mayor

 Director of Public Works

Kadi Sanders, Secretary