The Board shall consist of five (5) regular members and three (3) alternate members, all of whom shall be residents of the City of Clayton and shall hold no other office or position in the City government. The term of office of the regular and alternate members of the Board shall be for five (5) years. The three (3) alternate members shall serve, at the request of the Chairperson, in the absence of or the disqualification of the regular members. The Board shall elect its own Chairperson and Vice Chairperson who shall serve for one (1) or more terms of one (1) year each.

Vacancies on the Board shall be filled by the Mayor with the approval of the Board of Aldermen for the unexpired term of the vacating member.

Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board of Adjustment shall keep minutes of all meetings, 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 City Clerk and shall be public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.

The City of Clayton Code of Ordinances, including the Zoning Ordinance and Zoning District Map, the City's Master Plan which are or may hereafter be in force, shall automatically be part of the evidence at each hearing of the Board to the extent applicable without being specifically introduced at the hearing.

Area variances are a granting of relief from the requirements of this Chapter to permit construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in an extreme hardship or severe practical difficulty because of the shape of the lot, topography or other natural situation not the fault of the applicant. In passing upon appeals, the Board of Adjustment is authorized to grant an area variance only upon findings that:

If an appeal for an area variance is granted, the Board shall grant the minimum variance necessary to allow the applicant reasonable use of his/her land.

Use variances are a granting of relief from the requirements of this Chapter to permit a use in a manner otherwise prohibited by this Chapter where specific enforcement would result in an extreme hardship because of the shape of the lot, topography or other natural situation not the fault of the applicant. The Board of Adjustment is authorized to grant use variances upon application or appeal in accordance with the State of Missouri Enabling Act, City of Clayton Code of Ordinances the City's Zoning Ordinance and the procedures set forth herein only upon findings that:

The Board may grant variances from parking, loading and unloading regulations of the Zoning Ordinance, where the character or use of the building or premises make unnecessary the full provision of parking or loading or unloading facilities or when such regulations would impose an unreasonable hardship upon the use of the lot or tract of land, as contrasted with merely granting an advantage or convenience.

The Board may permit the extension of a district where the boundary line of a district divides a lot of record in single ownership.

The Board may grant an extension of time for the reconstruction of a non-conforming building which has been damaged by less than sixty percent (60%) of its replacement value by fire, explosion, flood, winds or other acts of God or the public enemy or by any other cause unrelated or unattributable to the owner.

The Board may interpret the provision of the Zoning Ordinance where the street layout actually on the ground varies from the street layout as shown on the official Zoning District Map fixing the districts, which map shall be on file at the Clayton City Hall and available for review and inspection.

In exercising the above-mentioned powers and all other powers authorized by law, the Board may 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 officer from whom the appeal is taken.

The applicant must submit one (1) original and fourteen (14) copies of the application and all required documentation to the Building Official or his/her designee.

At the time that an appeal is filed, the applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid to the City of Clayton to the credit of the General Revenue Fund of the City.

Upon receipt of an appeal, the Building Official or his/her designee shall transmit to the Board all the documentation constituting the record upon which the appeal is taken.

Notice of public hearing shall be published at least fifteen (15) days prior to the hearing on each appeal in a newspaper of general circulation in the City. The Board shall also give due notice to the appellant and persons owning adjoining property of the subject of the appeal. Any interested party may appear at the Board's hearing in person or by agent or attorney.

An appeal to the Board stays all proceedings in furtherance of the order, requirement, decision or determination of the Building Official or his/her designee appealed from, unless the Building Official or his/her designee certifies to the Board, after the notice of appeal has been filed, that by reason of facts stated in the appeal, a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed except by a restraining order by a court of competent jurisdiction.

The Board shall hear and decide appeals within a reasonable time period. The order, requirement, decision or determination of the Board must be made a part of any building permit to be issued due to a decision of the Board.