Rules of Procedure
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 30 days prior to said meeting.
(As amended October 15, 1974)
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 1st Tuesday, or Wednesday as an alternate date, of each month at 1:30 p.m. on the 3rd floor of the City Hall in the City Council Chambers, Springfield, Missouri.
(As amended October 5, 1976)
Rule 3
Four members in attendance at any meeting shall constitute a quorum of the Board of Adjustment.
(As amended July 23, 1964)
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 July 23, 1964)
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 December 2, 1975)
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 August 2, 1994)
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 July 23, 1964)
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 August 24, 1984)
Rule 4(A)
The Secretary shall prepare an agenda for such meeting and the order of business therein shall be as follows:
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:
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 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 November 3, 1992)
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, 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 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 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 November 7, 1978)
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 December 2, 1976)
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 December 2, 1975)
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 approximately 1 week prior to the board's scheduled meeting to consider the case, then said case shall automatically be tabled for 1 meeting unless the opposing party waives any right to such tabling.
(Adopted June 7, 2005)
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 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 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 5 day period.
Rule 8(A)
Any interested party may, in writing and within 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 December 2, 1975)
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 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 December 2, 1975)
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 August 7, 1984)
Rule 11
These rules may be amended, rescinded, supplemented or repealed at any time by a concurring vote of 4 members of the Board of Adjustment.
(Passed on January 9, 1957)
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 30 days prior to said meeting.
(As amended October 15, 1974)
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 1st Tuesday, or Wednesday as an alternate date, of each month at 1:30 p.m. on the 3rd floor of the City Hall in the City Council Chambers, Springfield, Missouri.
(As amended October 5, 1976)
Rule 3
Four members in attendance at any meeting shall constitute a quorum of the Board of Adjustment.
(As amended July 23, 1964)
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 July 23, 1964)
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 December 2, 1975)
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 August 2, 1994)
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 July 23, 1964)
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 August 24, 1984)
Rule 4(A)
The Secretary shall prepare an agenda for such meeting and the order of business therein shall be as follows:
- Roll Call
- Approval of Minutes
- Unfinished Business
- Communications
- Hearings, Exceptions, Variances, Appeals
- Reports
- New Business
- Adjournment
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:
- The presentation of the applicant and cross-examination of any of the applicant's witness.
- The presentation of the Planning and Development Department of the City of Springfield or any other public agency and cross-examination of their witness.
- The presentation of parties opposed to the applicant's position, not representing any governmental agency, and cross-examination of their witnesses.
- 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.
- 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.
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 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 November 3, 1992)
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, 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 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 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 November 7, 1978)
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 December 2, 1976)
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 December 2, 1975)
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 approximately 1 week prior to the board's scheduled meeting to consider the case, then said case shall automatically be tabled for 1 meeting unless the opposing party waives any right to such tabling.
(Adopted June 7, 2005)
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 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 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 5 day period.
Rule 8(A)
Any interested party may, in writing and within 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 December 2, 1975)
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 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 December 2, 1975)
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 August 7, 1984)
Rule 11
These rules may be amended, rescinded, supplemented or repealed at any time by a concurring vote of 4 members of the Board of Adjustment.
(Passed on January 9, 1957)