A Board of Adjustment is hereby created. The word "Board" when used in this Article 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, each to be appointed for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for term of two (2) years, and one (1) for a term of one (1) year. Three (3) alternate members may be appointed to serve in the absence or disqualification of the regular members. All members and alternates shall be removable for cause by the Mayor and Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term only of any member whose term becomes vacant. The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year.

The Board of Adjustment shall adopt rules for the conduct for its business, establish a quorum and procedure, and keep a public record of all findings, decisions, and minutes of its meetings. Meetings of the Board shall be held at the call for the chairman and at such other times as the Board may determine, and all meetings shall be open to the public. Any meeting at which an appeal is to be heard shall be public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City, as least one (1) time seven (7) days prior to the meeting, as well as due notice to the parties in interest. Upon the hearing, any party may appear in person or by agent or attorney. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. 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 City 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. A fee of ten dollars ($10.00) shall accompany all notices of appeals.

An appeal stays all proceeding in furtherance of the action appealed from, unless the Zoning Commissioner certifies to the Board of Adjustment after the notice for appeal shall have been filed with the City Clerk that by reason of facts stated in the certificate of stay would, in his 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 of Adjustment or by a court of record on application or notice to the Zoning Commissioner 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.

In exercising the above-mentioned powers, the Board of Adjustment may reverse of 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 make and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals to the provisions of this Chapter, the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the Zoning District Map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets, or increase the danger of fire, or materially diminish or impair the public health, safety, comfort, morals and welfare of the City of Maysville. Every change granted or denied by the Board shall be accompanied by a written finding of fact, specifying the reason for granting or denying the variation. The decision of the Board shall be made a part of any building permit in which variation is allowed. 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 this Chapter or to effect any variation in this Chapter.

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 Clerk of DeKalb 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 of Adjustment. Upon 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 realtor'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 materials 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 deposition 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 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 this Article shall have preference over all other civil actions and proceedings.