Maryland Heights, MO

Overview

There are two types of variances from the Zoning Code that may be heard by the Board of Adjustment: Use Variances and Non-Use Variances. Rarely granted, a Use Variance allows the applicant to conduct a specific use on a particular property that is not otherwise permitted by the Zoning Code. Allowing a retail store to establish in a residential zoning district would be an example. An approved Non-Use Variance allows the applicant to build or modify a structure on their property that does not meet one or more of the numeric standards in the Zoning Code. Reducing the required distance between the building and the property line is a common example.

Additionally, the Board of Adjustment has the power to hear and decide appeals on a determination made by the City Planner in the enforcement of the Zoning Code.

Process

1. Pre-Application Conference

The first step in the variance (Board of Adjustment appeal) process is to meet with the City Planner to discuss the reason you would like to request a variance. Typically this meeting is scheduled within a week from the time you request it. The meeting usually allows 30 minutes to an hour to discuss the variance process and your specific request.

The purpose of this meeting is to determine the reasons your project does not meet the requirements of the Zoning Code and whether you are eligible to apply for a variance. At the meeting, staff will discuss your options with you, give you the appropriate application form and advise you of the fees and supporting materials or evidence that are required for submittal with the application. Depending on which type of variance is being sought (Use or Non-Use), different evidence will be needed. This is because the Board uses different criteria to evaluate either type.

To schedule a pre-application conference, contact Planning staff at (314) 291-6550 or via email.

2. Application Submittal

Subsequent to the pre-application conference, the applicant submits the required items (go to Submittal Requirements). The City Planner determines whether it is complete for purposes of conducting a public hearing. If the submittal is incomplete, the applicant has thirty days to re-submit or notify the City Planner of a pending re-submittal. Once the application has been deemed complete, a public hearing on the application will be scheduled.

3. Public Notification

In order to schedule a public hearing, proper public notification is required.
The City will produce a public notice which includes the date, time, and location of the public hearing, a location map identifying the site, the name and address of the applicant or their representative, and a description of the requested variance. This notice is to be used for both notification of surrounding property owners and publication in the newspaper. The City will publish the notice of public hearing in the newspaper. The City will also post a sign on the site and mail a notice to the surrounding property owners.

4. Public Hearing

The applicant is required to present the case before the Board at the hearing. The presentation by the applicant should address the criteria for a variance that is outlined in the burden of proof criteria. In presenting the application, the burden of proof shall rest with the applicant to clearly establish that the proposed variance meets the criteria.

5. City Planner Review and Findings

Upon closure of the public hearing, the City Planner’s report is presented to the Board. The City Planner’s report typically includes a description and summary of the existing site conditions; adjacent uses and zoning; neighborhood character analysis; and a discussion of the request's ability to meet the “burden of proof” criteria.

6. Board of Adjustment Action

The Board may approve the variance request or deny the variance request. If the Board denies the request, the applicant has the option of appealing to the Circuit Court of Saint Louis County within 30 days of the Board’s decision. 

7. Reapplication

If the Board denies the application, a reapplication concerning the same property or site cannot be filed for 6 months following the date of the Boards decision. This waiting period may be waived by the City Planner if he determines that a significantly different plan is proposed or that new facts or other pertinent information have been discovered. The City Planner must be able to determine that any new facts or pertinent information discovered were not reasonably capable of being found by the applicant prior to the previous application.

8. Appeals Process

Any person aggrieved by any decision of the Board of Adjustment, may present a petition to the Circuit Court of Saint Louis County within 30 days of the decision of the board that the decision is illegal, specifying the grounds of the illegality in accordance with appropriate state statute. 

The minimum submittal requirements for an application for hearing before the Board of Adjustment are as follows. Initially, 1 copy of each is required. Upon completeness finding, additional paper copies may be required.

Application Form
Click here for the interactive .PDF application form.

Fee
The fee currently established by the City Council for an application for hearing before the Board of Adjustment is $650.

Narrative
The narrative is a written statement that addresses the Burden of Proof Criteria for the type of variance being requested.

Site Plan
A site plan showing the proposed improvements on the property in relationship to property lines and existing structures.

Criteria for a Non-Use Variance

In a Non-Use Variance, the applicant must show that, as a practical matter, the property cannot be used for a permitted use without coming into conflict with certain restrictions of the Zoning Code. More specifically, the evidence must answer the following:

1. How substantial is the variation in relation to the requirement?
2. What is the effect, if the variance is allowed, of the increased population density thus produced on available government facilities?
3. Will a substantial change be produced in the character of the neighborhood, or will a substantial detriment to adjoining properties be created?
4. Can the difficulty be remedied by some method, feasible for the applicant to pursue, other than a variance?
5. In view of the manner in which the difficulty arose and considering all of the above factors, will the interests of justice be served by allowing the variance? 

Criteria for a Use Variance

In a Use Variance, the Board considers the evidence according to the following:

1. The applicant bears the burden to demonstrate an unnecessary hardship which is defined in the three-prong test below:
• The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone;
• The owners plight is due to unique circumstances and not to general neighborhood considerations;
• The granting of a variance would not alter the essential character of the locality.
2. The applicant must prove that relief is necessary because of the unique character of the property.
3. The variance may not destroy the preservation of the Comprehensive Plan.
4. Granting the variance will result in substantial justice.

In presenting any application for a variance, the burden of proof shall rest with the applicant to prove that the harm complained of is not self inflicted.