[Ord. No. 2000-46 §1(29-00), 4-10-2000]
A. 
There is herewith created a Board of Adjustment consisting of five (5) members who shall be residents appointed by the City Council. Two (2) members shall be members of the Planning and Zoning Commission. No elected officer nor any employee of the City of Chillicothe shall serve on the Board of Adjustment.
B. 
Of the members appointed to the first (1st) Board, one (1) shall serve a term of one (1) year and one (1) shall serve a term of three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter, all members shall be appointed for a term of five (5) years, provided that each member shall serve until his/her successor is duly appointed.
[Ord. No. 2000-46 §1(29-01), 4-10-2000]
A Chairman and Vice Chairman shall be elected to a one (1) year term from among the members. The Secretary shall be appointed who need not be a member of the Board.
[Ord. No. 2000-46 §1(29-02), 4-10-2000]
A. 
The Board of Adjustment shall have the following powers:
1. 
To adopt rules of procedure consistent with the provisions of this Chapter and consistent with Chapter 89, RSMo., as amended.
2. 
To hear and decide appeals where there are practical differences or unnecessary hardship in the way of carrying out of 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 building structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
[Ord. No. 2000-46 §1(29-03), 4-10-2000]
A. 
Appeals to the Board of Adjustment (hereinafter referred to as the "Board") may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or by any officer, department, board or bureau of the municipality affected by any decision of an administrative officer. Such appeal shall be taken within ten (10) calendar days after each decision by filing with the Zone Administrator a notice of appeal specifying the ground thereof. The Zoning Administrator shall immediately transmit to the Planning and Zoning Commission and City Council documents and exhibits constituting the record from which the appeal is taken. The appeal shall stay all proceedings pending the decision of the Board.
B. 
The Board shall fix a reasonable time for hearing such appeal and shall render a decision within thirty (30) days of the date of the hearing. The Board shall give public notice of the hearing and shall further mail written notice to all those property owners of record located within seventy-five (75) feet of the location of the applicant's property. At the hearing, any party may appear in person, by authorized agent or by attorney.
C. 
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative 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 affect any variation in such ordinance.
D. 
The Board shall keep complete and detailed records of its proceedings which shall include the minutes of the meetings, its findings and actions taken upon each matter heard by it including the final order. The Board shall record the vote of each member upon each question or if absent or failing to vote, indicating such fact. All records shall be open to the public and shall immediately be filed in the office of the City Clerk.
[Ord. No. 2000-46 §1(29-04), 4-10-2000]
Members of the Board shall be removable for cause by majority vote of the City Council (Governing Body of the City) upon the filing of written charges. No member shall be removed prior to a public hearing which shall be held within thirty (30) days of the date of filing written charges.
[Ord. No. 2000-46 §1(29-05), 4-10-2000]
Vacancies occurring on the Board of Adjustment by reason of death, removal, resignation or other cause shall be promptly filled by the Mayor through appointment and each appointment shall require the consent of the City Council. Any member so appointed shall serve the balance of the preceding member's term and shall thereafter be subject to appointment in the manner herein above set forth.
[Ord. No. 2000-46 §1(29-06), 4-10-2000]
The Board shall always act with due consideration toward promoting the public health, safety, convenience and welfare, thereby encouraging the most appropriate use of land consistent with the comprehensive municipal plan and shall permit no structure, building or use detrimental to a neighborhood.
[Ord. No. 2000-46 §1(29-07), 4-10-2000]
The decisions of the Board shall be final. Any person having an interest affected by this Article or any decision made relating to it shall have the right to appeal to the Circuit Court on questions of law or fact.
[Ord. No. 2000-46 §1(29-08), 4-10-2000]
All meetings and hearings of the Board of Adjustment shall be conducted in conformance with the provisions of the Missouri Sunshine Law, Chapter 610, RSMo., and additions or amendments thereto.