The word "Board" when used in this Chapter shall be construed to mean the Board of Adjustment. (Vil. Ord. No. 557-02, 9-17-02)

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. (Vil. Ord. No. 557-02, 9-17-02)

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 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 Village office 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. (Vil. Ord. No. 557-02, 9-17-02)

1. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the Building & Street Commissioner. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by filing with the Building & Street Commissioner and with the Board a notice of appeal specifying the grounds thereof, and by paying to the Village Treasurer at the time the notice is filed, a non-refundable filing fee of seventy-five dollars ($75.00). The Building & Street Commissioner shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
   
2. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building & Street Commissioner certifies to the Board 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 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 Building & Street Commissioner and on due cause shown.
   
3. 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. At the hearing any party may appear in person or by agent or by attorney. (Vil. Ord. No. 557-02, 9-17-02)
   

1. The Board shall have the following powers, and it shall be its duty:
   
   1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Board of Trustees, the Chairman of the Board of Trustees, the Building and Street Commissioner or the Zoning Commission in the enforcement or administration of the provisions of this Chapter.
      
   2. To permit a variation in the yard requirement of any residence where there are practical difficulties or unnecessary hardships in the carrying out of these provisions, due to an irregular shape of the lot or topographic or other conditions.
      
   3. To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the Zoning Districts where the street layout actually on the ground varies from the street layout as shown on the Map.
      
   4. To permit the use of premises in any location for public utility purposes vitally necessary to the public convenience or welfare of the inhabitants of the Village.
      
   5. To vary or modify the application of any of the regulations or provisions of this Chapter where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, so that the spirit of the Chapter shall be observed, public safety and welfare secured, and substantial justice done.
      
2. 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 decisions, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made.
   
3. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building & Street Commissioner 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 the provisions of this Chapter. (Vil. Ord. No. 557-02, 9-17-02)
   

1. Any person or persons jointly or severally aggrieved by any decision of the Board may present to the Circuit Court of St. Louis County, Missouri, 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 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 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.
   
2. 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 shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. (Vil. Ord. No. 557-02, 9-17-02)