The Board shall consist of five (5) members who shall be appointed by the Mayor and approved by the Council. The Council may, on its own accord, appoint up to three (3) alternates whose terms will expire as designated by the Council. The alternates shall serve in case of absence or abstention of a regularly voting member. Each member shall serve for five (5) years and may be removed for cause by the appointing authority, upon written charges and after public hearings. Members and alternates shall be citizens of the City. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall adopt rules for the transaction of business in accordance with the provision of this Chapter (Unified Development Ordinance (UDO)) and RSMo. Chapter 89, as amended.
The Board shall have the following powers:
- To hear and decide appeals where it is alleged there is an error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
- To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this Chapter or other Chapters of the City Code.
- In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the use, construction, or alteration of buildings or structures or the use of land in conformance with the standards specified in Section 4.780 so that the spirit of the Chapter shall be observed, public safety and welfare maintained, and substantial justice done.
- In exercising the above mentioned powers, the Board may, in conformity with the provisions of this Section reverse or affirm wholly or in part or modify the order, requirement, decision, determination appealed from, and to that end shall have all powers of the officer from whom the appeal is taken. In no case shall the Board decide an appeal from any action of the Council. All voting members shall have attended the hearings preliminary to the vote or have familiarized themselves with the cases otherwise. In all instances, the spirit and intent of this Chapter shall be observed, public safety and welfare secured, and substantial justice be done.
- The concurring vote of four (4) members of the Board will be necessary to reverse the order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in this Chapter.