The Board of Adjustment shall consist of five (5) members who shall be residents of the municipality. The membership of the first (1st) Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each.

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 removable for cause by appointing authority upon written charges and after public hearing. 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 at the pleasure of the Board for a term of one (1) year.

The Board of Adjustment shall adopt rules of procedure consistent with Chapter 89, RSMo., and the ordinances of the City of New Melle;

Meetings of the Board of Adjustments shall be held at the call of the Chairman and at such other times as the Board of Adjustment 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 the 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 Board of Adjustment shall have the following powers:

In exercising the above mentioned powers, such Board may, in conformity with Chapter 89 RSMo., reverse or affirmed 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 powers of the officer from whom the appeal is taken.

The concurring vote of four (4) members of 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 its required to pass under any such ordinance or to effect any variation in such ordinance.

The application for a hearing before the Board of Adjustment shall include the following:

A non-refundable fee shall be paid by the applicant or applicants. This fee shall include the reporter's charges for making a record of the testimony, objections and rulings at the hearing upon such application.

The applicant shall also submit a cash deposit which shall be used towards the cost of preparing a transcript of such hearing in the event that an appeal is made from the decision of the Board of Adjustment by any interested party. If the charges for the transcript shall exceed the amount of such deposit, the applicant or applicants shall be obligated for the payment of all such charges and shall, upon demand by the Board of Adjustment, make an additional deposit in the amount designated in the demand of the Board of Adjustment. If the charges for the transcript are less than the amount of such deposit, the remaining deposit shall be returned to the applicant or applicants.

At least fifteen (15) days' notice of the time and place of such hearing shall be published in a legal newspaper of general circulation within the City.

The Board of Adjustment shall notify by mail all property owners known to the Board of Adjustment whose property abuts (roads, highways of all types, manmade waterways and natural waterways will be addressed as non-existent in the question of abutting property lines) the property to be affected. Notice of sufficient size shall also be posted on the property at a location where same can be observed from public right-of-way.

In making any decision varying or modifying any provision of the zoning regulations or in granting an exception to the district regulations, the Board of Adjustment shall impose such restrictions, terms, time limitations, landscaping, screening and other appropriate safeguards as needed to protect adjoining property and the spirit of the zoning ordinances.

The Board of Adjustment may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Adjustment and shall be enforceable by or payable to the Board of Aldermen in a sum equal to the cost of constructing the required improvements.

In lieu of the performance bond requirement, the Board of Adjustment may specify a time limit for completion of such improvements and in the event the improvements are not completed within the specified time, the Board of Adjustment may declare the granting of the application null and void after reconsideration.

Any persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., or any officer, department, board of the City may present to the Circuit Court of the County a petition duly verified setting forth that such decision is improper, in whole or in part, specifying the grounds for the appeal. 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. The filing of the decision shall be the date on which the written decision and/or findings of the fact and conclusions of the law are mailed to those parties appearing at the hearing.

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 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 upon application, on notice to the Board of Adjustment and on due cause shown may grant a restraining order.

The Board shall not be required to return original papers acted upon it, but it shall be sufficient to return certified or sworn copies thereof or of such portion 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 hearings, 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 the 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 in part, or may modify the decision brought up for review.

Costs shall not be allowed against the Board of Adjustment 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 proceeding under this Section shall have preference over all other civil action and proceeding.