[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-111 §7, 9-26-2001; Ord.
No. 03-064 §1, 5-28-2003; Ord. No. 03-189 §1, 12-9-2003; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §54, 6-2-2010; Ord.
No. 13-060 §5, 8-12-2013; Ord. No. 15-097 §7, 9-28-2015; Ord. No. 16-024 §§1
– 2, 3-28-2016]
A.
Appeals to the Board of Zoning Adjustment (BZA) may be taken by any
owner, lessee or tenant of land or by a County Department Director,
Elected Official, or Division Director affected by any decision of
the Director of the Division of Planning and Zoning. Such appeals
shall be made within a period of not more than forty-five (45) days
from the date of the decision and in the manner provided by the rules
of the Board. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Director of the Division of
Planning and Zoning shall certify to the Board that, by reason of
facts stated in the certificate, a stay would, in the Director of
the Division of Planning and Zoning's opinion, cause imminent peril
to life or property. For the purpose of processing the application,
an applicant for an appeal to the Board of Zoning Adjustment authorizes
the Community Development Department's staff, or staff of other agencies
at the Department's direction, to enter and inspect the subject property.
This authority shall cease upon the Board of Zoning Adjustment's decision
on the appeal.
B.
Procedure For Appeal.
1.
The Board of Zoning Adjustment shall fix a reasonable time for
the hearing of the appeal and give public notice thereof not less
than five (5) nor more than fifteen (15) days prior to said hearing
by posting on the St. Charles County Government website. The Board
shall also give notice of that hearing by U.S. mail neither less than
five (5) nor more than fifteen (15) days prior to said hearing to
the owners or agents of property abutting or fronting upon the property
involved in the appeal, if the names and addresses are reasonably
available.
2.
A filing fee as set by ordinance shall accompany an application
to the Board of Zoning Adjustment.
3.
In addition to the filing fee, an application for a variance
shall include the following: (1) the current deed or title to the
property showing ownership; (2) a legal description to the property
(if not included on the deed); (3) a parcel map from the County Assessor's
office showing the property and the surrounding properties; (4) a
statement of hardship or explanation of appeal; (5) a development
plan, either in narrative form or as a site plan, if applicable, drawn
to scale to indicate the intended use of the property; (6) a completed
owners' authorization form containing the notarized signatures of
all owners of the property and all other individuals who will represent
them in the application; and (7) all other information as deemed necessary
to complete the application.
4.
The Director of Community Development may hear an appeal if
an application for an appeal to the Board of Zoning Adjustment is
deemed incomplete or otherwise ineligible for review. Within five
(5) business days after receiving a written appeal, the Director of
Community Development shall make a final determination on whether
the application shall be submitted to the Board of Zoning Adjustment
for hearing.
5.
The Board of Zoning Adjustment shall render its decision within
forty-five (45) days of any hearing. The appellant and the officer
appealed from shall be notified, in writing, of the decision of the
Board.
C.
Variances. The Board of Zoning Adjustment may hear
a request for a variance from a non-use regulation herein contained
as applied to a specific lot or tract, and render a decision on that
request. In order to provide relief where the conditions of a property
prevent development consistent with the intent or purposes of the
applicable zoning regulations, the Board of Zoning Adjustment may
vary the strict application of a non-use regulation upon appeal by
the owner of a specific piece of property if that property owner proves
that:
1.
The variance is requested due to unique circumstances inherent
to the specific piece of property and not to personal considerations
of the property owner;
2.
The variance is not needed as the result of an affirmative act
of the property owner that could have been avoided through a different
course of action;
3.
The variance would not merely grant a special benefit to the
property beyond what is enjoyed by other properties regulated by the
same set of zoning regulations; and
4.
The application of such non-use regulation would result in practical
difficulties to the property owner. In determining whether "practical
difficulties" exist, relevant factors to consider include whether,
or to what degree, the owner can pursue the permitted use without
a variance; the financial hardship to the property owner from the
strict application of the regulation; how substantial the variance
request is in relation to the regulation; whether the difficulty can
be obviated by some method other than a variance; and whether such
relief can be granted without substantial detriment to the public
good and without substantially impairing the intent, purpose and integrity
of the zoning regulations as embodied in the Unified Development Ordinance
and maps.
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If the Board of Zoning Adjustment determines that the above-required standards are met, the Board may issue a variance, signed by the Chairperson, and set out the terms or conditions of the variance. In no case shall the Board of Zoning Adjustment issue a variance permitting a use to be placed in a district in which it is not permitted in this Chapter or Chapter 410. In no case shall the Board decide an appeal from a legislative action of the County Council.
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D.
The Board of Zoning Adjustment shall determine the existence of non-conforming uses when appealed from the decision of the Director of the Division of Planning and Zoning, as set forth in Part 6 of this Chapter, Sections 405.540 et seq.
E.
The Board of Zoning Adjustment may render decisions on appeals from
an action of the Director of the Division of Planning and Zoning or
his/her duly appointed authority when it has been alleged that a permit
has been incorrectly issued or denied.
F.
In exercising the above-mentioned powers, the Board of Zoning Adjustment
may, in conformity with the provisions of this Part, reverse or affirm,
wholly or partly, or may modify the ordinance, requirement, decision
or determination as ought to be made, and, to that end, shall have
all the power of the officer from whom the appeal is taken.
H.
The Board of Zoning Adjustment may adopt rules of procedure consistent
with the provisions of the Constitution of Missouri and the St. Charles
County Charter and ordinances.
1.
A copy of the rules adopted by the Board shall be filed with
the County Registrar. The rules shall provide for fair and adequate
notice to individual landowners of actions and hearings of the Board
of Zoning Adjustment affecting their interests and appropriate notice
of the public meetings of the Board of Zoning Adjustment. The rules
adopted may include such other matters as the Board deems necessary
to the conduct of its business.
2.
The rules shall be adopted by a majority of the entire Board.
I.
The Board of Zoning Adjustment may compel the attendance of witnesses
and production of documents, as such power is conferred by law.
J.
The Board of Zoning Adjustment shall keep a record of all its proceedings.
Within thirty (30) days following the record being signed by the Chair
of the Board, the Board shall file with the County Registrar a record
of its proceedings.
K.
The Board of Zoning Adjustment shall have all powers given to County
Boards of Zoning Adjustment under Missouri Law, unless such power
would conflict with the provisions of this Chapter.
[Ord. No. 99-99 §1, 7-12-1999]
A County Board of Zoning Adjustment is hereby established consisting
of five (5) citizens, of which not more than two (2) shall be residents
of the incorporated area of St. Charles County, and not more than
one (1) may be a member of the Planning and Zoning Commission, who
shall be registered voters and residents of St. Charles County for
at least one (1) year prior to the appointment.
[Ord. No. 99-99 §1, 7-12-1999]
There shall be two (2) alternate members appointed to the Board
of Zoning Adjustment. In the event of a member's absence, either alternate
shall be selected to fill in for that member at a Board meeting. In
such a case, the alternate will have the same powers and duties as
a regular member. The alternate members shall be citizens who shall
be registered voters and residents of St. Charles County for at least
one (1) year prior to the appointment.
[Ord. No. 99-99 §1, 7-12-1999]
Each member shall serve a four (4) year term which ends April
thirtieth (30th). One (1) member shall be appointed annually in April
of each year, except in 1996, and every four (4) years thereafter,
two (2) members shall be appointed. Each alternate shall serve a four
(4) year term which ends April thirtieth (30th), with one (1) alternate
being appointed every two (2) years. No member shall serve more than
two (2) consecutive terms.
[Ord. No. 99-99 §1, 7-12-1999]
Each member of the Board of Zoning Adjustment shall be appointed by the County Executive, with approval of the Council, pursuant to St. Charles County Charter Article V, Section 5.104.
[Ord. No. 99-99 §1, 7-12-1999]
Each member shall take an oath, to be administered by the County
Registrar, to ensure that the spirit and intent of the Unified
Development Ordinance shall be observed, the welfare of the
public upheld, and substantial justice is done.
[Ord. No. 13-093 §3, 12-19-2013]
Any compensation shall be fixed by the County Executive as part
of the annual budget, subject to approval by the County Council. Members
shall only be compensated for meetings attended.
[Ord. No. 99-99 §1, 7-12-1999]
Vacancies or absences on the Board of Zoning Adjustment caused by death, incapacity to perform duties, failure to attend three (3) consecutive meetings, or resignation shall be filled forthwith by appointment pursuant to St. Charles County Charter Article V, Section 5.104, and this Part of this Chapter.
[Ord. No. 99-99 §1, 7-12-1999]
A.
The
County Board of Zoning Adjustment shall meet at least once a month
for the purpose of hearing and deciding appeals by any owner, lessee,
or tenant of land, or by a public officer, department, board, or bureau,
affected by any decision of the administration officer in administering
the Unified Development Ordinance.
[1]
Editor’s Note: Former Section 405.630, Duties/Powers,
enacted 7-12-1999 by §1 of Ord. No. 99-99, was repealed 3-28-2016
by §2 of Ord. No. 16-024.
[Ord. No. 99-99 §1, 7-12-1999]
A majority of the Board shall constitute a quorum, and the concurring
vote of four (4) members shall determine all matters of appeal or
revision.
[Ord. No. 03-064 §2, 5-28-2003; Ord. No. 16-024 §3, 3-28-2016]
A.
Any applicant, County Department Director, Elected Official, or Division
Director aggrieved by a decision of the Board of Zoning Adjustment
may appeal that decision to the County Council. Where the decision
of the Board of Zoning Adjustment was not unanimous, any other person
or persons jointly or severally aggrieved by any decision of the Board
of Zoning Adjustment may appeal that decision to the County Council.
Appeals to the County Council shall be on a form approved by the Council
and submitted to the County Council within fourteen (14) working days
after the date of the decision of the Board of Zoning Adjustment was
mailed.
B.
In the event of an appeal to the County Council, the Board of Zoning
Adjustment shall provide the record of the property owner's request
for variance and all records held by the Board of Zoning Adjustment
to the County Council, as well as the decision of the Board of Zoning
Adjustment. The County Council may affirm, reverse, modify or amend,
in whole or in part, any determination of the Board of Zoning Adjustment.
It shall require the affirmative vote of five (5) members of the County
Council to reverse, modify or amend the decision of the Board of Zoning
Adjustment.
C.
Affirmation, reversal, modification or amendment of the decision
of the Board of Zoning Adjustment by the County Council shall be in
the form of an ordinance.
D.
Appeal of the decision of the County Council shall be pursuant to
the Missouri Administrative Procedure Act, codified at Chapter 536
of the Revised Statutes of Missouri.
E.
As an alternative to an appeal to the County Council, any person
or persons jointly or severally aggrieved by any decision of the Board
of Zoning Adjustment may appeal the decision of the Board as provided
by Statute to the Circuit Court by filing a petition, duly verified,
specifying the grounds of the illegality and asking for relief therefrom,
and thereafter proceedings shall be had thereon as provided by the
appropriate State Statutes.
