(a) The Planning and Zoning Commission may, in specific cases, after public notice and hearing and subject to such conditions and safeguards as the Commission may establish, determine and vary the application of the use district regulations herein established. No action shall be taken by the Commission until it shall cause notice of the proposed use district exception to be sent by registered mail, return receipt requested, to all abutting, adjoining property owners and others considered by the Commission to be affected property owners, and a reasonable time, not less than ten days, shall be allowed for a reply from the property owners before action is taken by the Commission. Such notice shall be sent to the address of such property owners appearing on the County Auditor's current tax list or the Village Treasurer's current mailing list. The failure of delivery of such notice shall not invalidate the action of the Commission. However, if, due to inadvertence, a property owner to whom notice should have been sent has not been notified, such property owner may protest the Commission's action and the Commission may reconsider and revoke its prior action, provided that the applicant is not prejudiced by the Commission's action.
If the Commission determines to vary the use district regulations herein established, such permission shall be confirmed by resolution of Council before becoming effective and shall be granted for the following purposes:
(1) Permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the time of the passage of this Zoning Code.
(2) Permit in a use district any use deemed by the Commission to be in general keeping with the uses authorized in such district.
(3) Grant in undeveloped sections of the Village temporary and conditional permits for not more than two-year periods, for structures and uses that do not conform to the regulations herein prescribed for the use district in which they are to be located.
(4) Permit the location of a Class U2 or U3 use in any use district, provided such use in such location will, in the judgment of the Commission, substantially serve the public convenience and welfare and will not substantially and permanently injure the appropriate use of neighboring property. (Ord. 2433. Passed 6-11-91.)
(b) A Class U2 or U3 use existing in any use district at the time of the passage of this Zoning Code shall be deemed to be an authorized use upon the lot devoted to such use at the time of the passage of this Zoning Code.
(Ord. 2248. Passed 12-5-87.)