A.

Board of adjustments; appointment; term; vacancies; organization. A board of adjustment, hereafter called the board, is hereby created, such board to be appointed by the mayor, subject to the approval of the Board of Aldermen. The board of adjustment shall consist of five (5) members, who shall be freeholders. Members shall be appointed for staggered terms of five (5) years each. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. 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 year. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to sections 90.010 to 89.140, RSMo, 1978 [RSMo 89.010 et seq.]. 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 ember upon questions, or, if absent or failing to vote, indication 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.

The board of adjustment of the city is hereby authorized, empowered and directed to make a rule requiring all persons, firms or corporations, other than the city, its departments or its officials in discharge of their duties, to pay all costs of actions or hearings initiated by them before the board of adjustment, and to further require a deposit in an amount to be set by them to secure said costs, and the board of adjustment is authorized and directed to dismiss any action, petition or request before them if the person, firm or corporation, requesting the said action fails to make the required deposit.

B.

Appeals to the board of adjustment. 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 building commissioner. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the building commissioner and with the board a notice of appeal specifying the grounds thereof. The building commissioner 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 building commissioner certifies to the board, after the notice of appeal shall have been filed with him or it, 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 restraining order which may be granted by the board or by a court of record on an application or notice to the building commissioner and on due cause shown. The board 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.

C.

Powers of the board of adjustment. The board of adjustment shall have the following powers:

1.

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 ordinance.

2.

To hear and decide all matters referred to it or upon which it is required to pass under this ordinance.

3.

In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this and other related ordinances, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. In exercising the above mentioned power such board may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination of any administrative official, and to that end shall have all the powers of the building commissioner.

D.

Vote required to reverse orders, effect variations, etc. The concurring vote of four (4) members of the board 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 any such ordinance, or to effect any variation in such ordinance.

E.

Appeals to circuit court. Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or any officer, department, board of bureau of the municipality, may present to the circuit court of Callaway County 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, a writ issuing from a superior court calling for the records of an inferior court or to remove a case from a case below, directed to the board, to review such decision of the board, and shall prescribe therein the time within which a return thereto must be served upon the realtors' 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 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 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 findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partially, or may modify the decision brought up for a 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.

F.

Power to grant conditional use permit. The board of adjustment has the power to hear and decide upon applications for conditional use permits specifically listed in the district regulations of this ordinance. Before authorizing the issuance of such a conditional use permit, the boar may impose such conditions as will, in the board's judgment, ensure that:

1.

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

2.

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted; nor substantially diminish and impair property values within the neighborhood.

3.

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

4.

Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.

5.

The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the board shall find that there is a public necessity for the conditional use.