Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-206 Hearing procedures for appeals and applications.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-206 : Hearing procedures for appeals and applications.

  1. Hearing required on appeals and applications.


    1. Before making a decision on an appeal or an application for a variance, special exception, or a petition from the planning staff to revoke a special exception permit, the board of zoning appeals shall hold a hearing on the appeal or application.
    2. Subject to subsection (c), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments, and ask questions of persons who testify.
    3. The board of zoning appeals may place reasonable and equitable limitation on the presentations of evidence and arguments so that the matter at issue may be heard and decided without undue delay.
    4. The BZA may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six (6) weeks or more elapses between hearing dates.
  2. Notice of hearing. The administrator shall give notice of any hearing required by subsection (1) above as follows:


    1. Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing to such persons a written notice not later than five (5) days before the hearing.
    2. Notice shall be given to neighboring property owners and other interested parties by publishing a notice one (1) time in a newspaper having general circulation in the area not less than five (5), nor more than fifteen (15), days prior to the hearing.
    3. The notice required by this section shall state the date, time, and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.
  3. Evidence.


    1. The provisions of this section apply to all hearings for which a notice is required by subsection (1) above.
    2. All findings and conclusions necessary to the issuance or denial of the requested permit or appeal shall be based upon material evidence, but not necessarily on evidence that would be admissible in a court of law.
  4. Modification of application at hearing.


    1. In response to questions or comments by persons appearing at the hearing, or to suggestions or recommendations by the board of zoning appeals, the applicant may agree to modify his application, including the plans and specifications submitted.
    2. Unless such modifications are so substantial or extensive that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the planning staff.
  5. Record.


    1. A tape recording may be made of all hearings required by subsection (1) above, and such recordings shall be kept for at least two (2) years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made.
    2. Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the city for at least two (2) years.
  6. Written decision.


    1. Any decision made by the board of zoning appeals regarding an appeal, variance, or issuance or revocation of a special exception shall be reduced to writing and provided to the applicant or appellant and all other persons who make a written request for a copy.
    2. In addition to a statement of the board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the board's findings and conclusions, as well as supporting reasons or facts, whenever this chapter requires the same as a prerequisite to taking action.
  7. City council action regarding annexation and zoning matters. Upon request of an interested party, an annexation or zoning matter which has been recommended or not recommended by the planning commission will be placed on the next city council agenda provided the publish date for the public hearing notice can be met. If the publish date cannot be met, then the item will be placed on the following month's city council agenda. The request for a decision by city council on such annexation or zoning matter must be in writing to the city manager's office and must be made within sixty (60) days of the planning commission's decision. (1999 Code, § 14-206)