[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The minor adjustment procedure is intended to allow minor modifications, waivers, or alternatives to strict compliance with the standards of this Code. Minor adjustments are intended to provide greater flexibility when necessary, without requiring a Zoning Map amendment (Section 405.100) or variance (Section 405.230).
B.
Applicability.
1.
2.
Minor adjustments may only be used to adjust standards on a
single lot or two (2) adjacent lots to address unique site constraints.
3.
The minor adjustment procedure shall not apply to any proposed
modification or deviation that results in:
a.
An increase in the overall project density;
b.
A change in permitted uses or mix of uses;
c.
A deviation from building or fire codes;
d.
A deviation from the Engineering and Plan Preparation
Manual for Public Facilities (Title V, Appendix A);
e.
Requirements for public roadways, utilities, or other public
infrastructure of facilities; or
f.
A change to development standards where that same standard was
already modified through a separate approval, minor adjustment or
variance.
4.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
2.
3.
Notice And Public Hearings.
a.
If a public hearing and notice is required of the concurrent
application as indicated in Table 405.010, Summary Table of Application Procedures, the application for minor adjustment shall also be scheduled for a public hearing before the applicable decision-making body and noticed in accordance with Section 405.060.
4.
Review And Decision.
a.
Where the concurrently reviewed application requires review
and approval by the Community Development Director or no concurrent
application is required, the Director shall review the minor adjustment
application and:
b.
Where the concurrently reviewed application requires review and approval by the Planning and Zoning Commission or Board of Aldermen, the Commission or Board, as applicable, shall review and decide the minor adjustment application based on the criteria in Subsection (C)(4)(c).
c.
Review Criteria. A minor adjustment shall be
reviewed according to the following criteria:
(1)
It is consistent with the stated purposes of this
Code;
(2)
It addresses unique aspects of the site or building;
(3)
It will result in a development quality that is
equal to or better than would have been required without the adjustment;
(4)
It will have no appreciable adverse impact on the
health, safety or general welfare of surrounding property owners or
the general public; and
(5)
Any adverse impacts resulting from the minor adjustment
will be mitigated to the maximum practical extent.
5.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Effect Of Approval. Approval of
a minor adjustment authorizes only the particular adjustment of standards
approved, and only to the subject property of the application.
(2)
Expiration Of Approval. A minor
adjustment approval shall automatically expire if the concurrent application
is denied or expires, is revoked, or otherwise is deemed invalid.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The variance procedure is intended to provide limited relief
from the requirements of this Code where strict application of the
standards of this Code would create an unnecessary hardship or practical
difficulties preventing the use of the land as otherwise allowed by
the Code. The variance procedure is not intended to allow a use in
a zoning district where it is not currently permitted, or to alleviate
inconveniences or financial burdens imposed on landowners.
B.
Applicability.
1.
This Section applies to all requested variances from the requirements
of this Code, except where an alternative process is specified elsewhere
in this Code.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
6.
Review And Decision-Making Bodies.
a.
Board Of Adjustment Review And Decision.
(2)
The concurring vote of at least four (4) members
of the Board of Adjustment is necessary to approve a variance.
(3)
In granting a variance, the Board of Adjustment
may impose such conditions and restrictions upon the property benefited
by the variance as may be necessary to comply with the standards set
out in this Section to reduce or minimize any potentially injurious
effect of such variance upon other property in the neighborhood and
to carry out the general purpose and intent of this Code.
b.
Review Criteria.
(1)
Variance Standards. The Board
of Adjustment shall not grant a variance unless it shall, in each
case, make specific written findings of fact directly based upon the
particular evidence presented to it that support the following conclusions:
(a)
The variance requested arises from a condition
which is unique to the property in question and which is not ordinarily
found in the same zoning district and is not created by an action
or actions of the property owner or the applicant;
(b)
The granting of the variance will not adversely
affect the rights of adjacent property owners or residents;
(c)
The strict application of the provisions of this
Code from which a variance is requested will constitute unnecessary
hardship upon the property owner represented in the application and
would deprive the applicant of rights commonly enjoyed by other properties
in the same district;
(d)
Granting the requested variance will not confer
on the applicant any special privilege that is denied by this Title
to other land, structures, or buildings in the same district;
(e)
Granting the variance desired will not violate
the general spirit and intent of this Code nor adversely affect the
public health, safety, order, convenience or general welfare of the
community.
(2)
Review Considerations. In determining
whether the evidence presented supports the conclusions required by
this Section, the Board of Adjustment shall consider the extent to
which the evidence demonstrates that:
(a)
The particular physical surroundings, shape or
topographical condition of the property involved would result in a
practical difficulty or unnecessary hardship upon or for the owner,
lessee or occupant, as distinguished from a mere inconvenience, if
the provisions of this Code were literally enforced;
(b)
The request for a variance is not based exclusively
upon the desire of the owner, lessee, occupant or applicant to secure
a greater financial return from the property;
(c)
The granting of the variance will not be materially
detrimental or injurious to other property or improvements in the
neighborhood in which the property is located; and
(d)
The proposed variance will not impair an adequate
supply of light or air to adjacent property, substantially increase
the congestion in the public streets, increase the danger of fire,
endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
7.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Notice Of Decision. The Board
of Adjustment shall render a written decision on an application for
a variance without unreasonable delay and in no case after more than
thirty (30) days following the public hearing.
(2)
Effect Of Approval. Approval shall
authorize the applicant to apply for a building permit or begin construction
or operation if additional permitting is not required.
(3)
Appeal. Any person or persons,
or any officer, department, or board of the City jointly or severally
aggrieved by the decision of the Board of Adjustment regarding the
variance, may, within thirty (30) days of the issuance of the decision
of the Board, present to the Circuit Court of St. Charles County a
petition, duly verified, setting forth that such decision is illegal,
in whole or in part, specifying the grounds of the illegality in accordance
with appropriate State statute.
(4)
Expiration Of Approval. A variance shall expire one (1) year after the date of final approval unless the use or construction is substantially underway, as determined by the Community Development Director, or an extension is granted pursuant to Section 405.080.
