The Board of Zoning Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the Chapter in harmony with its general purposes and intent and in accordance with general or specific rules herein contained.

The Board shall adopt rules in accordance with the provisions of this Chapter. 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 proceeding, 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 City Hall and shall be public record. All testimony, objections thereto and rulings thereon at public hearings shall be reported or recorded by a court reporter, or competent mechanical reporting equipment that will allow a transcript to be typed for review. The costs shall be taxed against the applicant and the system of reporting and taxing of costs shall be as directed by the Board. The presence of three (3) members shall be necessary to constitute a quorum.

Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board, or bureau of the City of Pleasant Valley affected by any decision of the Administrative Officer. Such appeal shall be taken within fifteen (15) days time as provided by the rules of the Board by filing with the Officer from whom the appeal is taken and with the Board 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.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Zoning Adjustment, after the notice of appeal shall have been filed with him/her, that by reason of the 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 officer from whom the appeal is taken and on due cause shown.

The Board of Zoning Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice in writing 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.

The Board shall have the following powers:

In exercising the above mentioned powers, such Board may reverse or affirm, wholly or party, or may modify the order, requirement, decision or determination as 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 the Board shall be necessary to reverse the order, requirement, decision, or determination of any such Administrative Official, or to decide in factor 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, or any taxpayer, or any officer, department, board or bureau of the City, may present to the Circuit Court 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 of Zoning Adjustment to review such decision of the Board of Zoning Adjustment 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 of Zoning 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 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 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.

All issues in any proceedings under this Section shall have preference over all other civil actions and proceedings.