A Board of Adjustment is hereby established. The word "Board", when used herein, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first (1st) Board appointed shall serve respectively for terms of 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 each. Vacancies shall be filled for the unexpired term only. Members may be removed for cause by the Mayor and Board of Aldermen upon written charge and after public hearing.

The Board shall elect its own Chairman who shall serve for one (1) year. 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.

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, 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 office of the Board and shall be taken down by a reporter employed by the Board for the purpose.

Power Relative To Errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Buildings Inspector in the enforcement of this Chapter.

Powers Relative To Variations. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographical conditions or other extraordinary or exceptional situations or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the Board shall be empowered to authorize, upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulty or hardship.

Powers Relative To Exceptions. Upon appeal, the Board shall be empowered to permit the following exceptions:

In exercising the above powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all the appeals the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the 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 established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the City of Canton. Every change granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, 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 the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass, or to effect any variations.

Appeals to the Board on any matter over which the Board is specifically granted jurisdiction may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by an officer, department, any board or bureau of the City of Canton affected by any decision of the Building Inspector. Such appeal shall be taken within sixty (60) days of such decision by filing with the City Clerk, the Building Inspector, and with the Board a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board after the notice of appeal has 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 proper legal action.

The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation, 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.

The party filing a notice of appeal to the Board shall pay at the time of filing a fee of thirty-five dollars ($35.00) toward costs of the appeal, and in addition shall be responsible for payment of the actual cost of publication of the public notice of the date of the hearing to be held on the appeal after the statement for the publication costs has been received by the City from the newspaper making the publication. The fee and reimbursement for publication costs shall be paid to the City Clerk who shall give receipts therefor; and a copy of the receipts shall be presented to the Board with the notice of appeal as evidence that the fees and publication costs required in the case have been paid. The fees collected by the City Clerk shall be paid to the credit of the General Revenue Fund of the City, and the publication costs shall be paid directly to the newspaper performing the publication of the notice.