There is hereby created within and for the City, a Board of
Adjustment with the powers and duties as hereinafter set forth.
The Board 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. The
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 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 City Clerk 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. The concurring vote of four (4) members of the Board
shall be necessary to reverse any order, requirement, decision, or
determination of any Administrative Official, or to decide in favor
of the applicant on any matter upon which it is required to pass under
any such ordinance, or to effect any variation in such ordinance.
Any person or persons jointly or severally aggrieved by any
decision of the Board of Adjustment, or any officer, department, board
or bureau of the City, 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.