The Board of Zoning Adjustment is authorized to grant variations to the Unified Development Ordinance where a genuine and unique hardship would result if the Unified Development Ordinance were to be applied literally or strictly. The Board of Zoning Adjustment has the following powers:
1. The Board shall hear and decide appeals where it is alleged there is error of law in any order,
requirement, decision, or determination made by an administrative official in the enforcement of the
Unified Development Ordinance.
2. The Board shall hear and decide all matters referred to it on which it is required to determine under the
Unified Development Ordinance.
3. The Board may, where, by reason of exceptional narrowness, shallowness, shape, topography, or other
extraordinary or exceptional situation or condition of a specific piece of property, the strict application of
any regulation contained herein would result in peculiar and exceptional difficulties to, or exceptional and
demonstrable undue hardship on the owner of such property as an unreasonable deprivation of use as
distinguished from the mere granting of a privilege, authorize, upon an appeal relating to such property,
a variance from such strict application so as to relieve such demonstrable difficulties or hardships,
provided such relief as can be granted without substantially impairing the intent, purpose, and integrity of
the regulations as embodied in the Unified Development Ordinance and maps.
4. The Board shall determine the existence of non‑conforming uses when appealed from the decision of
the Director of Planning and Zoning, as set forth in Part 6 of the Unified Development Ordinance
Sections 405.540 et seq.
5. The Board may not hear appeals regarding Chapter 410, Subdivision Regulations of the Unified
Development Ordinance.
A variance/appeal will be evaluated on the following conditions:
a. The particular physical surroundings, shape, or topographical conditions of the specific property
involved will bring a particular hardship upon the owner as distinguished from a mere
inconvenience if the strict letter of the regulations were to be carried out;
b. The conditions upon which the petition for variance/appeal is based would not be applicable
generally to other property within the same zoning classifications;
c. The purpose of the variance/appeal is not based exclusively upon a desire to achieve greater profit
out of the property;
d. The alleged difficulty or hardship has not been created by any person presently having an interest in
the property;
e. The granting of the variance/appeal will not be detrimental to the public welfare or unduly injurious to
other property or improvements in the general area in which the property is located; or
f. The proposed variance/appeal will not impair an adequate supply of air to adjacent property, or
substantially increase the danger of fire, or otherwise endanger the public safety, or substantially
diminish or impair property within the general area.
How do you apply for a variance/appeal?
An application is available on our website or by calling the St. Charles County Planning and Zoning Division at 636-949-7335. Please note the following when completing the application:
1. Application Form: The property owners (all owners listed on the deed) and applicant must sign the
application form and their signatures must be notarized.
2. A written statement of hardship must be submitted explaining why a variance is needed. The last page
of the application form is available for your statement of hardship.
3. A property sketch, if applicable, must be presented showing the following:
a. Property boundary lines (copy of parcel map or prepared site plan will suffice);
b. Approximate location and size of existing and proposed buildings;
c. Front, side and rear yard setback dimensions if below minimum requirements;
d. Any other features that will help illustrate the property, such as topography, drainage problems and
surrounding land use.
4. The application fee is $250.00. If you are paying by check, please make the check payable to St. Charles
County Planning & Zoning Division.
Keep in mind the application deadline is approximately one (1) month before the meetings, which are held the first Thursday of every month. Meeting dates and deadlines are available from the Planning and Zoning Division.
When is the decision made?
At the Public Hearing, the applicant or a representative must come forward and explain to the Board why the variance/appeal is needed and the hardship incurred if the variance/appeal is denied. The members of the Board may then ask you questions. After you have spoken, people in favor of or in opposition to the variance/appeal can come forward to speak. Remember, it is important to keep your presentation brief and to the point.
Following the Public Hearing discussion, the Board of Zoning Adjustment will (vote to) grant or deny the variance/appeal. THE CONCURRING VOTE OF FOUR MEMBERS OF THE BOARD OF ZONING ADJUSTMENT IS NECESSARY TO APPROVE A VARIANCE/APPEAL.
If the Board of Zoning Adjustment votes to grant your variance/appeal, you may then apply for any necessary Building and Land Use Permits.
Please bear in mind that variances/appeals to the zoning regulations cannot and should not be granted merely for the convenience of the applicant.
Before applying for a variance/appeal an individual should make every effort to comply with all applicable zoning regulations. Individuals who are considering applying for a variance/appeal should first carefully study the criteria explained at the beginning of this guide. Only if an individual situation meets most or all of these criteria and only if that can be clearly demonstrated to the Board should he or she proceed with the application. If the situation does not meet these criteria, it is not an appropriate candidate for a variance/appeal.
Variance application
Board of Zoning Adjustment deadline and meeting dates
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