Article I I. Board of Adjustment

Sec. 31-21. Created, membership, qualifications, term

A. ESTABLISHED: MEMBERSHIP A Board of Adjustment, hereafter called the board, is hereby established and created. Such board shall consist of five (5) members to be appointed by the mayor, subject to the approval of the city council.

B. QUALIFICATIONS The members of the board shall be freeholders of the city and no member shall be a member of the city council. One of the members shall be a member of the city planning commission.

C. TERM The membership of the first board shall serve respectively: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter, members shall be appointed for terms of five (5) years.

Sec. 31-22. Removal, vacancies

A. REMOVAL Members of the Board of Adjustment, created in Section 31-21, shall be removable for cause by the appointing authority upon written charges and after a public hearing.
B. VACANCIES Vacancies on the board shall be filled for the unexpired term of any member of any member whose term becomes vacant.

Sec. 31-23. Organization
The board of Adjustment shall elect one of its members to serve as chairman. Such chairman shall serve for one year.

Sec. 31-24. Adoption of rules, meetings, records
The Board of Adjustment shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. All testimony, objections thereto, and rulings thereon, shall be taken down by a reporter employed by the board for that purpose.

Sec. 31-25. Appeals to board: Right, time limitation, filing, transmittal to board
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. 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 notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

Sec. 31-26. Same: Effect
An appeal as provided for in Section 31-25 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 the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent 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 or by a court of record on application or notice to the officer from whom the appeal is taken and due cause shown.

Sec. 31-27. Same: Hearing set, appearance of parties
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal provided for in Section 31-25, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

Sec. 31-28. Powers
The Board of Adjustment shall have the following powers:

a.     To hear and decide appeals where it is alleged there is error in any order requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

b.     To hear and decide special exceptions to the terms of this chapter upon which such board is required to pass under this chapter.

c.     In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such provisions, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the provisions shall be observed, public safety and welfare secured, and substantial justice done.

d.     To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, said permit to be issued for a period of not more than two (2) years.

e.     To grant a permit for the extension of a use, height, or area regulation intoan adjoining district for a distance of not more than twenty-five (25) feet, where the boundary line of the district divides a lot in single ownership on November 16, 1981. 

Sec. 31-29. Power to reverse, affirm, etc., any appealed decision
In exercising the powers prescribed in Section 31-28, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the 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 made.

Sec. 31-30. Vote required to take action
The concurring vote of four (4) members of the Board of Adjustment 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 this chapter, or to effect any variation in this chapter.

Sec. 31-31. Appeal from Board of Adjustment
Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board.

Secs. 31-32 thru 31-41. Reserved

City of Marshall