[R.O. 2014 §420.010; Ord. No. 201 §710.1, 11-14-1967; Ord. No. 1083 §1, 6-24-2004; Ord. No. 1146 §1, 6-23-2005]
A Board of Adjustment is hereby created and established. The word "Board", when used in this Chapter, shall be construed to mean the Board of Adjustment. Such Board of Adjustment shall consist of five (5) members, who shall be residents. The members shall be appointed by the Mayor with the approval of the Board of Aldermen of the City of Marshfield. The membership of the first (1st) Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Thereafter, members shall be appointed for terms of five (5) years each. The members shall serve without compensation.
Vacancies shall be filled by appointment for the unexpired term in the same manner as appointments are made for original terms.
All members shall be removable for cause by the Mayor and Board of Aldermen upon written charges and after public hearings.
The Board shall annually elect one (1) of its members as Chairman and one (1) of its members as Vice Chairman. No Chairman or Vice Chairman shall serve for more than two (2) consecutive terms.
The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, the minutes shall indicate that fact, and all minutes together with the record of other official action shall be kept on file in the office of the Board and be a public record.
The Board shall employ a reporter for the purpose of keeping records and minutes on testimony, objections, rulings, etc., of the Board at their hearings.
The Board shall adopt rules of procedure in accordance with this Title.
Meetings of the Board shall be held at the call of the Chairman, or in his/her absence of the Vice-Chairman, and at such other times as the Board may determine.
All meetings of the Board shall be open to the public and all records shall be public records.
The filing fee for an appeal to the Board of Adjustment shall be twenty-five dollars ($25.00) and the applicant shall pay for all costs of required publication.
[R.O. 2014 §420.020; Ord. No. 201 §710.2, 11-14-1967]
The Board of Adjustment shall have the following powers and duties:
To hear and determine appeals where it is alleged there is error in any order, requirement, decision or determination of the Building Inspector or other administrative official in the enforcement of this Title, or any amendments thereto, or in the enforcement of any provisions contained in Sections 89.010 to 89.040, RSMo.
To hear and determine all matters referred to it or upon which it is required to pass under the provisions of this Title.
In passing upon appeals, where there are practical difficulties or unnecessary hardships involved in carrying out the strict letter of this Title, to vary or modify the application of the regulations or provisions contained herein relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of this Title shall be observed, public safety and welfare secured and substantial justice done.
In exercising the above mentioned powers, the Board may reverse or affirm, in whole or in part, 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 four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or other administrative officer, or to decide in favor of the applicant on any matter on which it is required to pass under this Title, or to effect any variation therein.
The Chairman, or in his/her absence the Vice-Chairman, shall have power to administer oaths and compel the attendance of witnesses.
Any variance granted by the Board shall not permit a prohibited use as provided in this Title.
Before granting a variance the Board must find that all of the following conditions have been met, together with others herein set out:
That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and that such condition has not been created by any action of the property owner or the applicant;
That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
[R.O. 2014 §420.030; Ord. No. 201 §710.3, 11-14-1967]
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, or by any officer, department, board, or bureau of the City of Marshfield, affected by any decision of the Building Inspector or other building official. Such appeal shall be taken within a reasonable time as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate, a stay would, in his/her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application after notice to the officer from whom the appeal is taken and on due cause shown.
[R.O. 2014 §420.040; Ord. No. 201 §710.4, 11-14-1967]
The Board shall fix a reasonable time for the hearing of an appeal or any other matter referred to it. Notice of the time, place and subject of such hearing shall be published once in the official City newspaper at least fifteen (15) days prior to the date fixed for hearing. A copy of said notice shall be mailed to each party to the appeal and to the Zoning Commission. At any hearing, any party may appear in person or by agent or attorney. A decision of the Board becomes effective thirty (30) days after the date of passage and filing in the office of the Board. The applicant may proceed, at his/her own risk, to effectuate the decision of the Board before the thirty (30) day period has expired; however, should an appeal be made, said applicant shall have no recourse to the Board for any construction performed during the appeal period. Every decision of the Board of Adjustment shall be in writing, which shall contain a full record of the findings of the Board in the particular case. Each report shall be filed in the office of the City Clerk, by case number under one (1) or another of the following headings: Appeals; Variance; together with all documents pertaining thereto. The Board of Adjustment shall notify the Board of Aldermen and the Zoning Commission of each variance granted under the provisions of this Title.
[R.O. 2014 §420.050; Ord. No. 201 §710.5, 11-14-1967]
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, or any officer, department, board or bureau of the City, may present to the Circuit Court of Webster County, a petition, duly verified, setting forth that such decision is illegal, in whole or part, and specifying the grounds of such illegality. Such petition must be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the Court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his/her finding of fact and conclusion of law, which shall constitute a part of the proceedings upon which a determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under this Chapter or Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings.