|
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!
- 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.
- 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.
- 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.
- An application shall be filed
within thirty days after the Director of Public Works and/or the
plan reviewer has made a ruling.
- A copy of the decision or
determination of the Director of Public Works, which the
applicant believes to be in error, shall be submitted.
- 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.
- 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.
- 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:
- A building permit is obtained
and the construction, or alteration of the structure is
commenced and pursued diligently toward completion; or
- 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
|