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St Charles County Unincorporated
City Zoning Code

PART 7

COUNTY BOARD OF ZONING ADJUSTMENT

Section 405.590 General Powers, Duties and Procedures. [1]

[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.
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.
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.
G. 
The Board of Zoning Adjustment may not hear appeals regarding Chapter 410 of this Title.
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.
[1]
Cross Reference—As to specific fees, see ch. 425 of this code
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.595 Establishment.

[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.

Section 405.600 Alternates.

[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.

Section 405.605 Terms.

[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.

Section 405.610 Appointments.

[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.

Section 405.615 Oath. [1]

[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.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.

Section 405.616 Compensation.

[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.

Section 405.620 Vacancies.

[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.

Section 405.625 Meetings.

[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. 
Place. The Board may meet at any public place within St. Charles County, but will normally meet in one (1) of the County owned facilities.
2. 
Time. The Board shall hold meetings at such times as it deems necessary in order to exercise its powers and duties.

Section 405.630 (Reserved) [1]

[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.

Section 405.635 Majority.

[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.

Section 405.639 Appeals From a Decision of The Board of Zoning Adjustment.

[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.