Board of Adjustment Bylaws

BOARD OF ADJUSTMENT
OF
TANEY COUNTY MISSOURI

BYLAWS

WHEREAS, with a population in excess of 39,000 residents, and over five million visitors per year,
Taney County Missouri is a unique and wonderful place nestled in the heart of beautiful Ozark
Mountain Country, and

WHEREAS, the fractured and soluble limestone hills, verdant landscapes, and clear lakes and
streams which complement the natural beauty also create an environmental potential for pollution,
and

WHEREAS, even though Taney County is one of the fastest growing counties in Missouri, it still has
time and space for orderly development when guided by the Taney County Zoning Regulations, and

WHEREAS, voters in Taney County have diverse heritage but a mutuality of concern to maintain and
enhance the environment, as demonstrated by their support of planning by these percentages during
four challenges and referenda, as follows:

1966, 60%
1980, 54%
1981, 61%
1982, 59%

Therefore, BE IT RESOLVED THAT these Bylaws be adopted by the board of Adjustment of Taney
County, Missouri.

ARTICLE I. NAME.

a. The name of this organization shall be the Board of Adjustment of Taney County, Missouri,
hereafter referred to as “Board of Adjustment”.

ARTICLE II. AUTHORITY.

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a. The Board of Adjustment created pursuant to law, including but not limited to Section 64.870
and 64.840, RSMo., and the Taney County Zoning Regulations, incorporated herein by
reference as if fully set forth herein.

ARTICLE III. MEMBERSHIP.

a. The members of the Board of Adjustment shall be as defined in State Statute, including but not
limited to Section64.870, RSMo.

ARTICLE IV. COMPENSATION.

a. Members of the Board shall receive compensation and may be reimbursed for expenses
incurred for attendance per State Statute.

ARTICLE V. OFFICERS.

a. The Board shall, at its regular monthly meeting in January, elect by majority of its members its
own Chairperson and Vice Chairperson who shall serve for one (1) year, or until their
replacements are elected.

ARTICLE VI. ADMINISTRATION.

a. The Administrator and staff of the Taney County Planning Commission shall serve the Board
of Adjustment to provide such services as it may require. Minutes shall be kept of all
proceedings and official actions taken by the Board, and these minutes shall be public record
except where authorized by law to be closed records.

b. The person acting as Planning and Zoning Administrator for Taney County (hereinafter
referred to as the Administrator) shall act as Secretary for the Board of Adjustment and is
hereby authorized and directed to publish, deliver, mail, and sign for all behalf of the Board any
notices required.

c. The Secretary shall prepare an agenda for each meeting and the order of business therein
shall be generally as follows subject to amendment at the meeting;

1. Establishment of Quorum
2. Explanation of meeting procedures
3. Presentation of exhibits
4. Governing Statutes
5. Public Hearing
6. Old and New Business
7. Approval of Minutes
8. Adjournment

ARTICLE VII. PARLIAMENTARY PROCEDURE.
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a. Robert’s Rules of Order as revised shall be followed for all parliamentary procedures unless
otherwise provided by these by-laws, the Taney County Zoning Regulations, or State Statute.

ARTICLE VIII. ADVISORY PERSONNEL.

a. The Board of Adjustment may be served by legal counsel and the Board of Adjustment may
request to contract with other consultants for such services as it may require.

ARTICLE IX. MEETINGS.

a. Three members in attendance at any meeting shall constitute a quorum of the Board of
Adjustment. If at any meeting of the Board of Adjustment a quorum shall fail to be present, the
Chairperson or Acting Chairperson shall adjourn such meeting to another date in order to
afford a full hearing upon each appeal of application pending.

ARTICLE X. OFFICIAL YEAR.

a. The calendar year shall be the official year for all transactions.

ARTICLE XI. AMENDMENTS.

a. These bylaws have been adopted by the Board of Adjustment, and may be amended by a
four-fifths or greater vote of the entire membership of the Board of Adjustment at any meeting
where there is a quorum.

ARTICLE XII. GENDER.

a. When any gender form is used in these Bylaws, it shall be known to include all other gender
forms as applicable.

ARTICLE XIII. VOTING.

a. Each Board of Adjustment member shall be entitled to one vote on all issues presented to the
Board of Adjustment. It shall require the concurring vote of at least three (3) members of the
Board of Adjustment to constitute a decision of the Board of Adjustment.

b. If at hearing before the Board of Adjustment there is present only three (3) members of the
Board of Adjustment, then in such event, the applicant of the proceeding shall have a one-time
option to continue the hearing until the next regularly scheduled Board of Adjustment meeting
at which there exists a quorum of members of the Board of Adjustment and the matter shall be
heard at that meeting without another option pursuant to this paragraph to continue the hearing
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 to a later date; this option shall be requested prior to any evidence being received by the Board
of Adjustment for the particular project or application.

ARTICLE XIV. HEARING PROCEDURE.

a. Each case coming before the Board shall be generally heard in the following order and
pursuant to the following procedures subject to amendment as necessary:
1. The presentation of the Planning and Zoning Administrator and/or any other
public agency, followed by cross-examination of their witness(es).
2. The presentation of the applicant, followed by cross-examination of the
applicant’s witness(es).
3. The presentation of parties opposed to the applicant’s position followed by cross-
examination of their witness(es).
4. The presentation of rebuttal testimony by the applicant, followed by cross-
examination of 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 rebuttal testimony
shall not be for the purpose of merely re-submitted or restating matters
previously submitted by applicant in his original presentation.
5. Arguments by parties shall be in the same order in which presentations are
made. Such arguments will be limited to five (5) minutes per side unless special
permission shall be given by the Board for additional time. The applicant shall be
given three (3) additional minutes for rebuttal argument if desired.
6. Each person who is not a party and who wants to address the Board shall so
indicate by listing their name on a form provided for the same and shall also
approach the podium or other designated area, give his/her name and address
for the record, and unless further time is granted by the Board, shall limit his/her
address to five (5) minutes. All remarks should be addressed to the Board as a
body and not to any member thereof, nor to other persons in attendance at the
meeting. 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 Chairperson. No question shall be asked
of a member of the Board except through the Chairperson unless the
Chairperson allows the same.

b. All witnesses shall testify under oath or affirmation.

c. Any witness may be cross-examined by any member of the Board, the attorney for the Board,
or any other party (or his/her attorney at law) appearing at such hearing upon request, but
unless such request 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 Chairperson or Acting Chairperson as to the manner, time and
method of such cross-examination, and shall be limited to five (5) minutes unless additional
time is granted by the Chairperson or Acting Chairperson.

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d. Following presentation of all cases and requests at a meeting, the public session of the Board
shall be declared at an end by the Chairperson so the Board may make its decisions.

e. The Secretary shall be required to serve the Board’s findings of fact and conclusions of law
upon all interested parties by regular mail within fire (5) working days from the date of his/her
notification of the Board’s decisions. The Secretary shall post such finding of fact and
conclusions of law in the office of the Board and/or Administrator at the expiration of the five
(5) day period.

ARTICLE XV. PREPARATION BY INTERESTED PARTIES AND APPLICANTS.

a. Any party to any proceeding before the Board shall, insofar as it may be possible, prepare and
submit in advance for hearing six (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 with the
office of the Planning and Zoning Administrator of Taney County. The applicant and other
proponents shall submit exhibits at least ten (10) days in advance of the hearing the Planning
and Zoning Administrator, other governmental agencies and departments. In addition,
opponents of the applicant’s request shall submit exhibits at least five (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 (at their own expense) by any person
whosoever. Any exhibit not so filed shall be admitted by the Board only upon a clear showing
that such filing was not in good faith reasonable possible.

b. 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 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 relating to the proceedings, but it shall not be the duty of
the Board to supply any deficiencies or to seek to provide facts in any proceedings.

c. Upon written request giving the full name, mailing address, and telephone number of any
desired witness or witnesses, filed with the Secretary of the Board of Adjustment and directed
to the Chairperson of the Board of Adjustment, at least seven (7) days prior to the date set for
hearing, any interested person may request the Chairperson to compel the attendance of any
witness deemed necessary for a full hearing, and further the Chairperson or Acting
Chairperson will compel the attendance of any such witness so requested to be at such
hearing for either examination, cross-examination, or both.

d. No affirmative relief will be granted any applicant or appellant in any case unless the applicant,
appellant, or his/her 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/her agenda 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
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 time and manner necessary for the first scheduled hearing and upon payment of the required
deposit for the sending of notices if, an only if, the applicable period of limitations on bringing
such action has not expired as nothing herein shall extend such period of limitations.

ARTICLE XVI. LEFT BLANK.

ARTICLE XVII. FORMS.

a. Forms to be used are available in the Planning Office.

ARTICLE XVIII. AMENDMENT.

These rules and procedures may be amended, rescinded, supplemented or repealed at any time by a
concurring vote of four (4) members of the Board of Adjustment.

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