§ 410.030. Jurisdiction., Chapter 410. Board of Adjustment, Land Use, Code of Ordinances, Warson Woods

The Board of Adjustment shall have the following powers and it shall be its duty:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this Code.

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this Code.

To interpret the provisions of this Code in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and incorporated herein at Section 400.030(B) of this Code where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

To permit the erection and use of a building or the use of premises for public utility purposes.

To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, Act of God, or public enemy, to the extent of more than sixty percent (60%) of its assessed value, where the Board finds some compelling necessity requiring a continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly.

To permit a variation in the yard requirements of any district where there are unusual practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.

To authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Title relating to the construction or alteration of buildings or structures or the use of land will impose upon him/her practical difficulties or unnecessary hardship, such variations of the strict application of the terms of this Title as are in harmony with its general purpose and intent but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some practical difficulty or unnecessary hardship so great as to warrant a variation from the comprehensive plan as established by this Title, and at the same time the surrounding property will be properly protected.