Membership. The Board of Adjustment shall consist of five (5) regular members and up to three (3) alternate members, all of whom shall be residents of the City appointed by the Mayor and approved by the Board of Aldermen.

Length Of Term. The term of office of the members of the Board of Adjustment shall be for five (5) years. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing.

Officers. The Board of Adjustment shall elect its own Chairman and Vice Chairman who shall serve for one (1) year.

Rules. The Board of Adjustment 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. Meetings 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 of Adjustment shall be open to the public. The Board of Adjustment 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 of Adjustment and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter utilized by the Board of Adjustment for that purpose.

Quorum. Four (4) members of the Board shall constitute a quorum.

Applicability. Appeals to the Board of Adjustment on any matter over which the Board is herein specifically granted jurisdiction may be taken by any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality affected by any decision of the City Planner. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board of Adjustment by general rule, by filing with the City Planner and with the Board of Adjustment of notice of appeal specifying the grounds thereof. The City Planner shall immediately transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed is taken. Decisions made by the Architectural Review Commission may be appealed pursuant to Section 405.425.

Stay Of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the City Planner 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 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 of Adjustment or by a court of record on application or notice to the City Planner on good cause shown.

Time Of Hearing. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest (owners or agents of property abutting or fronting upon the property involved in the appeal) and decide the same within a reasonable time. Upon the hearing, any party may appear in person or be represented by an agent or by attorney.

Fees. A fee shall be paid to the City Clerk at the time the notice of appeal is filed, which the City Clerk shall submit to the City Treasurer.

Powers Relating To Appeals Of Administrative Decisions. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these Zoning Regulations.

Powers Relating To Area Variances. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the adoption of this Chapter or by reasons of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property which conditions are not generally prevalent in the neighborhood and not created by the owner, the strict application of the area regulations of this Chapter would result in peculiar and exceptional difficulties to or exceptional and undue hardship upon, the owner of such property, the Board of Adjustment is hereby empowered to authorize upon an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardships, provided such relief can be granted without substantial detriment to the public good.

Powers Relating To Use Variances. The Board of Adjustment may grant a use variance if the Board makes a finding that all of the following conditions are met:

Exceptions. The Board of Adjustment may grant an exception to the following requirements of these Zoning Regulations upon petition by a property owner, provided that the spirit of the Zoning Regulations is observed, public safety secured and substantial justice done. For any lot created within three (3) years prior to the effective date of these Zoning Regulations, the Board of Adjustment, upon request of the property owner of such lot, may grant an exception to reduce the required setback from a major road as set forth in Section 405.205(C) of up to five (5) feet.

Findings. In exercising the above-mentioned powers, the Board of Adjustment may, in conformity with the provisions of this Chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as sought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals to this Chapter, the Board of Adjustment shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the Zoning District Map and will not impair an adequate supply of light and air to adjacent property or increase the 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 and welfare of the City of Weldon Spring. Every change granted or denied by the Board of Adjustment shall be accompanied by a written finding of fact based on sworn testimony and evidence specifying the reason for granting or denying the variance.

Vote Required. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the City Planner or to decide in favor of the application on any matter upon which it is required to pass under this Chapter or to grant any variance to this Chapter.