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Overview
The Board of Adjustment is a quasi-judicial five-member body of citizens appointed by the Mayor, subject to confirmation by the Board of Aldermen within the City government that has the powers to:
- Hear appeals from landowners regarding the strict application of the regulations of the City of Manchester’s Zoning Ordinance and other related ordinances, as well as interpretations of requirements.
- The Board was established to hear petitions relating to yard setback distances for buildings, structures, and parking areas, sign size requirements, reconstruction or alteration of non-conforming structures, and interpretations of the intent of the Zoning Ordinance.
- It is not empowered to legislate or revise the Zoning Ordinance, nor does the granting of a variance by the City of Manchester supersede or void any trust indentures, easements, or deed restrictions previously placed on the property.
- In exercising the mentioned powers, such Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
Agendas & Minutes
Agendas are available prior to the meetings. Minutes are available following approval.
Meetings
- 6:30 p.m.
- 2nd Thursday of every month
- When there are cases to be heard
- Applications must be submitted 20 business days in advance of the meeting date.
Before a decision can be made on a variance request, the Board is required to hold a public hearing on the matter. As variance request applications are received by the Planning and Zoning Department, each is stamped with the date received and placed on the docket. The deadline for submittal of a variance request is 20 business days in advance of the meeting date. An application received after the deadline will be placed on the next available docket. Special circumstances surrounding a variance request, such as flood plain review or easement conflict, may necessitate additional staff review, which may delay the public hearing date. In both cases, the applicant will be notified.
During the public hearing, the Department of Planning and Zoning will present the City's case regarding your request to the Board of Adjustment. The report by Planning and Zoning staff is intended to provide the Board members with specific details pertaining to the case, such as precedent and the intent of the relevant zoning regulations.
The Board of Adjustment is a public hearing, with an informal format. Each meeting’s proceedings are taken by a court reporter for future transcription, if needed, but this activity is not intended to change the open format of the hearing. All questions, comments, and statements are welcome in support or opposition to a particular request under consideration.
Petitions are called in the order listed on the agenda. As each petition is called, a Planning and Zoning staff member will read the variance request into the official record and present the City's report on the petitioner's request. The Board Chair will then call the petitioner or their representative forward to make a brief presentation regarding the nature of the requested variance. Prior to presenting this information, the petitioner will be asked to state his/her name and address, then be sworn in by the court reporter. Following this presentation, Board Members may ask questions of the petitioner to clarify the information presented. The Board Chair will then ask if anyone present wishes to speak in favor or opposition to the request. Those wishing to speak will be asked to state their name and address, then be sworn in by the court reporter as well..
Once all speakers have been heard, the Board Chair will ask for a motion to grant or deny the request, with or without conditions. Once a motion is made, and seconded, the Board discusses and votes on the petition, officially concluding action upon the request. In general, the Board will make its decision immediately following the closing of the hearing. Please note, four members of the Board must vote in favor of a request for it to be approved.
If a variance request is approved, the petitioner has six months to obtain the necessary permits or establish the use, or the variance approval will expire. If the Board’s decision is unfavorable, the petitioner has the right to appeal to the St. Louis Count Circuit Court. The appeal must be done within 30 days of the decision date of the Board of Adjustment.
Should you have any questions regarding this information, please contact the Planning and Zoning Department at 636-227-1385.