Crystal Lake Park - Municipal Codes

Crystal Lake Park

BILL NO. ORDINANCE NO.

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF

CRYSTAL LAKE PARK RELATING TO THE BOARD OF ADJUSTMENT,

AND ENACTING A NEW SECTION RELATING TO BURDEN OF PROOF

WHEREAS, it is necessary to clarify several of the regulations regarding enforcement of the Zoning Code; and,

WHEREAS, the proposed amendment to the Zoning Code is consistent with the Comprehensive Plan as acts to implement the goals and objectives of the Plan through zoning regulations;

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF CRYSTAL LAKE PARK, ST. LOUIS COUNTY, STATE OF MISSOURI, AS FOLLOWS:

Section 1. A new Section is hereby enacted relating to the Board of Adjustment, Burden of Proof, to be numbered Section 420.05.060 to read as follows:

Section 420.05.060 Burden of Proof.

A. Non-use variances. In presenting any application for a non-use variance, the burden of proof shall rest with the applicant to clearly establish that, as a practical matter, the property cannot be used for a permitted use without coming into conflict with restrictions of the Zoning Code. The following specific criteria shall be considered:

1. How substantial the variance is in relation to the requirement;

2. The potential effect of the increased population density produced on the available government facilities;

3. The potential to produce a substantial change in the character of the neighborhood or a substantial detriment to adjoining property owners.

4. The ability to obviate the difficulty by some method, feasible for the applicants to pursue, other than the variance; and

5. In view of the manner in which the difficulty arose, and considering all of the above factors, whether the interests of justice would be served by granting the variance.

B. Use variances. In presenting any application for a variance to authorize a use that the Zoning Code does not allow, the burden of proof shall rest with the applicant to:

1. Demonstrate an unnecessary hardship which is defined by the following criteria:

a. The land in question cannot yield a reasonable return if used only for a use permitted in the zone in which it is located;

b. The owner’s plight is due to unique and not to general neighborhood considerations; and

c. The granting of the variance would not alter the essential character of the locality.

2. Prove that relief is necessary because of the unique character of the property;

3. Prove that the variance will not destroy the preservation of the Comprehensive Plan; and

4. Prove that granting the variance will result in substantial justice.

C. 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.

Section 2. This Ordinance shall be in full force and effect from and after its passage and approval.

PASSED BY THE BOARD OF ALDERMAN THIS ________ DAY OF ___________________, 2008.

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MAYOR/PRESIDING OFFICER

APPROVED BY THE MAYOR THIS ________ DAY OF ___________________, 2008.

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MAYOR

ATTEST:

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CITY CLERK