The Administrator shall give notice of any hearing required by Section 400.418 as follows:

The provisions of this Section apply to all hearings for which a notice is required by Section 400.418.

All persons who intend to present evidence to the permit issuing board shall be sworn.

All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable and the matter at issue is not seriously disputed.

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Planning and Zoning Commission or Board of Adjustment, the applicant may agree to modify his/her application, including the plans and specifications submitted.

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.

The determination whether a proposed modification is substantial or extensive is subject to the discretion of the hearing board. A vote by a majority of those Board members present will be made to determine whether a new hearing is required.

A tape recording shall be made of all hearings required by Section 400.418 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. (Section 89.080, RSMo.)

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.

Any decision made by the Board of Adjustment or Planning and Zoning Commission regarding an appeal, variance or issuance or revocation of a conditional use permit shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy.

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 these regulations requires the same as a prerequisite to taking action.

Before making a decision on an appeal from conditional use permit decision rendered by the Planning and Zoning Commission, the Board of Adjustment shall review the record on the appeal.

The Board of Adjustment shall review only the record of proceedings before the Planning and Zoning Commission and then it shall determine whether or not there is substantial and competent evidence to support the Planning and Zoning Commission's decision on the conditional use permit application.

In determining the existence of substantial and competent evidence, the Board of Adjustment shall not substitute its judgment of the facts or testimony for that of the Planning and Zoning Commission. Accordingly, the credibility of witnesses and resolution of conflicts in evidence are for the Planning and Zoning Commission to decide unless the Board of Adjustment finds the Planning and Zoning Commission's decision was against the overwhelming weight of the evidence.

Subject to Subsection (E), the hearing shall be open to the public but only aggrieved persons[1] or their attorneys shall be given an opportunity to present legal arguments concerning the reasons for the action appealed.

The Board of Adjustment may place reasonable and equitable limitations on the presentation of arguments so that the matter at issue may be heard and decided without undue delay.

The Board of Adjustment may continue the hearing until a subsequent meeting and may keep the hearing open for aggrieved persons to file briefs outlining their position 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.

Notice shall be given by the Administrator to the appellant and any other person who makes a written request for such notice by mailing to such persons a written notice not later than fifteen (15) days before the hearing.

Accurate minutes shall also be kept of all such proceedings.

A decision by the Board of Adjustment shall be rendered a manner considered normal for the regular conduct of their official business.