- 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:
- The variance is requested due to unique circumstances inherent to the specific piece of property and not to personal considerations of the property owner; and
- 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; and
- 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
- 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: Subdivision Regulations of the Unified Development Ordinance. In no case shall the Board decide an appeal from a legislative action of the County Council.
- 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 the Unified Development Ordinance Sections 405.540 et seq.
- 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.
- 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.
- 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. 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. The rules shall be adopted by a majority of the entire Board.
- The Board of Zoning Adjustment may compel the attendance of witnesses and production of documents, as such power is conferred by law.
- 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.
- 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.