A Board Of Adjustment Is Hereby Established. The word "Board" when used in this Section shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members who shall be residents appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board of Adjustment shall be for five (5) years, excepting that the five (5) members first appointed shall serve respectively for terms of one (1) year; two (2) years, three (3) years, four (4) years, and five (5) years each. Vacancies shall be filled for the unexpired term only. 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 removed for cause by the Mayor with the approval of the Board of Aldermen upon written charges and after public hearing.

The Board shall elect its own Chairman and Vice-chairman, who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.

Appeals to the Board 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 City of Clarkson Valley, affected by any decision of the Building Commissioner in the enforcement of the Zoning Ordinance. Such appeal shall be taken by filing with the Building Commissioner and with the Board of Adjustment within ten (10) days of notice to the appellant of the affecting decision a notice of appeal specifying the grounds thereof, and by paying to the City Clerk, at the time the notice is filed, a filing fee of one hundred dollars ($100.00) which the City Clerk shall forthwith pay over to the credit of the General Revenue Fund of the City of Clarkson Valley. The Building Commissioner shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is 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, 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, or by a court of record on 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.

Before proceeding with the hearing of the appeal or the publication of notice thereof, the person taking the appeal other than the City or its representative shall be required to deposit the additional sum of three hundred fifty dollars ($350.00) to cover the approximate cost of such hearing. If for any reason the hearing of the appeal is not held, the three hundred fifty dollar ($350.00) deposit, less any expenses incurred by the City, shall be refunded to the appellant. If the hearing of the appeal is held, then under no condition shall said sum or any part thereof be refunded irrespective of the outcome of the appeal. The City may charge an additional fee if the cost of the administrative hearing exceeds the amount deposited by the person taking the appeal.

The term "Building Commissioner" wherever used in the Zoning Ordinance shall include Administrative Officer or other designee charged with enforcement of the Zoning Ordinance.

In exercising the above-mentioned powers such board may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., reverse or affirm wholly or partly, 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 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 except as provided in Section 305.410, RSMo.

Any variance granted will expire one (1) year after being granted. At the discretion of the Building Commissioner, one (1) extension for the variance may be granted for one (1) year, if a request for such extension is made by the original applicant within one (1) year after the variance is granted.

To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the Building Commissioner in the enforcement of the Zoning Ordinance.

To interpret the provisions of the Zoning Ordinance in such a way as to carry out the purpose and intent of the plan as shown upon a map fixing the districts, accompanying and made a part of the Zoning Ordinance, where the property boundaries actually on the ground vary from the property boundaries shown on the map aforesaid.

To permit a variation in the yard and/or building line requirements where there are practical difficulties or unnecessary hardships in the carrying out of these provisions, due to topographic or other conditions.

To permit the erection and use of a building or the use of a premises in any location for a public service corporation or for public utility purposes necessary to the public convenience or welfare.

To authorize upon appeal, whenever a property owner can show that a strict application of the terms of the Zoning Ordinance relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him/her unusual practical difficulties or particular hardship, such variations of the strict application of the terms of the Zoning Ordinance as are in harmony with its general purpose and intent but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by the Zoning Ordinance, and at the same time the surrounding property will be properly protected.

In exercising the above-mentioned powers the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as, in its opinion, ought to be made, and to that end shall have all the powers of the Building Commissioner. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Commissioner or to decide in favor of the applicant on any matter upon which it is required to pass under the Zoning Ordinance, or to effect any variation in the Zoning Ordinance. Any person or persons, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment may present to the Circuit Court of the County of St. Louis a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the ground of 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 to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall be not 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 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 the 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 appears 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 shall have preference over all other civil actions and proceedings.