(a) The Commission shall have the power to review any order or decision of the Building and Zoning Inspector or the Design Review Board where such order or decision is based upon the requirements of this Zoning Ordinance or the standards adopted by the Design Review Board.
(b) After the refusal of the Building and Zoning Inspector to issue a building permit where such refusal is for noncompliance with the provisions of this Zoning Ordinance, the Commission shall hear and determine appeals from the decision of the Building and Zoning Inspector, and after public notice and hearing, may permit exceptions to and variations from the district regulations in the classes of cases or situations herein specified:
(1) Permit the extension of an existing or proposed building into a more restricted district under such conditions as will safeguard the character of the more restricted district.
(2) Grant a permit in any residence district for a temporary building or use incidental to the residential development, such permit to be issued for an initial period of not more than two years, and in the case of a building, only upon written application accompanied by a bill of sale to the Village of Lowellville of such building, effective in case the building is not removed prior to the expiration of the permit.
(3) Grant a permit for the reconstruction within twelve months of a nonconforming building or structure, substantially destroyed by fire, explosion, act of God or other public calamity, when such building is located in a district restricted against its use.
(4) Grant a permit for the enlargement of existing buildings or for the erection of additional buildings on the same parcel of land for a trade, business or industry located in a district restricted against such use, where the enlargement or expansion of such trade, business or industry will not be detrimental to or tend to alter the character of the neighborhood.
(5) Grant a permit for the erection and use of a building or the use of premises in any location for public utility purposes and make such exceptions to the height and bulk district requirements herein established as the Commission decrees reasonably necessary for such purposes.
(6) Where the owner or owners of any tract or tracts of land having a total area of not less than ten acres submits to the Village Planning Commission a detailed plan for the development of such area for residential purposes, the Commission after public notice and hearing, may authorize consistent with the spirit and intent of this Zoning Ordinance, a modification of the application of the front, side and rear regulations and the lot area per family regulations as herein established as are incidental or essential to the carrying out of such residential development plan. Such regulations shall be binding on all future owners of the property. Under such development plan, the appropriate use of property adjacent to the area included in the development plan is fully safeguarded, and such development plan is also consistent with the public welfare.
(7) Grant a permit in an Industrial District for a building or use otherwise excluded from such district, provided such building or use is distinctly incidental and essential to a use of a building or plant with a series of buildings permitted in an Industrial District. Such incidental building or use shall not occupy more than ten percent (10%) of the lot; nor more than ten percent (10%) of the employees of the building or plant are to be engaged therein; and such building or use shall not be located within 200 feet of any residence districts.
(8) (EDITOR’S NOTE: Former subsection (8) hereof was repealed by Ordinance 3022, passed October 27, 1999.)
(9) Apply the provisions of this Zoning Ordinance in such a way as to carry out its true intent and purpose where the street and alley layout actually on the pound differs from the layout as shown on the Building Zone Maps.
(10) Where there are practical difficulties or unnecessary hardships in the carrying out of the strict letter of the provisions of the Zoning Ordinance, to vary any such provisions in harmony with its general intent and purpose, subject to such conditions and safeguards as the Board may impose.
(11) Grant a permit in a Residence C District for a funeral home, provided petitioners file a written consent duly acknowledged of the owners of two-thirds of the frontage deemed by the Board to be immediately affected by the proposed funeral home. Such permit shall impose appropriate conditions and safeguards upon the construction and use of the funeral home as will protect and maintain the character of the neighborhood.
(12) Grant a permit for the construction of factory-built housing, manufactured homes, modular homes, sectional homes, mobile homes, double-wide or triple-wide trailers, and expandable mobile homes, provided the petitioners file the written consent dually acknowledged of the owners of two-thirds of the frontage deemed by the Board to be immediately effected by the proposed construction. Such permit shall impose appropriate conditions and safeguards upon the construction and use of said structure as will protect and maintain the character of the neighborhood.
(Ord. 2817. Passed 11-29-95.)