Such local legislative body shall provide for the appointment
of a Board of Adjustment, and in the regulations and restrictions
adopted pursuant to the authority of Sections 89.010 to 89.140, RSMo.,
may provide that the Board of Adjustment may determine and vary their
application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained. The Board
of Adjustment shall consist of five (5) members, who shall be residents
of the municipality. 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. Thereafter members shall be appointed
for terms of five (5) years each. Three (3) alternate members may
be appointed to serve in the absence of or the disqualification of
the regular members. All members and alternates shall be removable
for cause by the appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant. The Board shall elect its own
Chairman who shall serve for one (1) year. The Board shall adopt rules
in accordance with the provisions of any ordinance adopted pursuant
to Sections 89.010 to 89.140, RSMo. 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/her 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 upon 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.
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 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 Adjustment a 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.
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 the notice of appeal shall have been
filed with him/her that by reason of 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 or notice to the officer from
whom the appeal is taken and on due cause shown. The Board of Adjustment
shall fix a reasonable time for the hearing of the appeal, 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.
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 municipality, may
present to the Circuit Court of the County or City in which the property
affected is located 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. 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 findings of fact and conclusions
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 Sections 89.080 to 89.110, RSMo.,
shall have preference over all other civil actions and proceedings.