The Board of Adjustment is continued in accordance with the provisions of Section 89.080, RSMo., as amended.

Such local legislative body shall provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the authority of Sections 89.010 to 89.140, RSMo., may provide that the Board of Adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained.

The Board of Adjustment shall consist of five (5) members, who shall be residents of the municipality. The membership of the first Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one 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 the 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 for one (1) year. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo. 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 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.

The Board shall not have the power to change the classifications of the property as shown on the Official Zoning Map or to make any changes in the regulations of this Chapter but shall interpret the Chapter and authorize variations thereof pursuant to the following powers and duties:

In exercising the above-mentioned powers, the Board may in conformity with the provisions of Sections 89.010 to 89.140, RSMo., as amended, 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 Building Official from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or 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.

Appeals to the Board of Adjustment may be taken by any person aggrieved, or 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 Building Official. Such appeal shall be taken within ten (10) days by filing with the official from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. A fee in the amount of fifty dollars ($50.00) shall accompany such notice of appeal. The official 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 actions appealed from, unless the official from whom the appeal is taken certifies to the Board of Adjustment 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 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 of Adjustment or by a court of record on application or notice to the official from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a time for the hearing of the appeal within thirty (30) days following receipt of same, give public notice thereof by publication in a local newspaper of general circulation in the City not less than five (5) nor more than fifteen (15) days prior to the date of said hearing. In addition, the Building Official shall post notice of said hearing and the reasons therefore by placing a sign on the subject premises. Upon the hearing, any party may appear in person or by agent or by attorney.

The Board of Adjustment shall render decisions under this Section only on appeals from an action of the Building Official. The Board shall take action only when it has determined that a permit has been incorrectly issued or denied or when it has determined that the Code has been incorrectly interpreted or when the appellant proves undue and unnecessary hardship due to a provision or provisions herein contained as applied by the Building Official to a specific lot or tract. In case an unnecessary or undue hardship, due to peculiar characteristics of a specific lot or tract, is proven, the Board may issue a variance signed by the Chairman and setting out any conditions to be met. A copy of the variance shall be sent to the Code Enforcement Officer who shall issue a building permit setting out the terms of the variance. In no case shall the Board of Adjustment issue a variance or an order permitting a use to be placed in a district in which it is not permitted in this Code, except on appeal of a decision by the Code Enforcement Officer or as permitted by Section 405.480(A)(2). In no case shall the Board decide an appeal from an action of the City Council or Zoning and Planning Commission. The concurring vote of four (4) members of the Board shall be necessary to effect a decision. In all cases, the spirit and intent of this Chapter shall be observed, public safety and welfare secured and substantial justice done.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, or any neighborhood organization as defined in Section 32.105, RSMo., representing such person, 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 part, specifying the ground of the illegality. Such petition must be presented to the court within thirty (30) days after the filing of the decision of the Board in the office of the City Clerk, and thereafter proceedings shall be had thereon as provided by Sections 89.010 to 89.140, RSMo., as amended.