The Planning and Zoning Commission shall possess the following powers in addition to any other powers allowed by law:
(a) To hear and determine all appeals from the refusal of the Building Inspector to issue building permits;
(b) To hear and determine all appeals from any decision or action of the Building Inspector in the administration or enforcement of the Zoning Ordinance;
(c) In individual cases, after public notice and hearing, and subject to such conditions and safeguards as it may establish, permit exceptions to and variations from the district regulations established by the Zoning Ordinance as follows:
(1) Permit the substitution or extension of a nonconforming use or building upon the lot occupied by the use or building at the time of passage of this chapter.
(2) Grant in undeveloped portions of the Municipality temporary and conditional permits, revocable at any time, and in no case for more than two year periods, for structures and uses that do not conform to the regulations herein prescribed.
(3) Permit such codification of the yard, lot area, building and setback line, building height, off-street parking, driveway and loading space regulations as may be necessary to secure an appropriate improvement of a lot or parcel of such a shape as not to be subject to being appropriately improved without such modification, provided such lot or parcel was separately owned at the time of the passage of this subsection.
(Ord. 1988-22. Passed 5-18-88.)
(d) (1) The 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 regulations herein established, to permit the establishment of any use not otherwise permitted under the regulations contained herein when, in the opinion of the Commission, such use will not be detrimental to the general welfare, health, or safety of the Municipality or the immediate neighborhood, or injure the appropriate use of neighboring property, and when such use will substantially serve the public convenience and welfare. Such permission shall be confirmed by a resolution of Council before becoming effective.
(2) A copy of every application for a variance filed with the Planning and Zoning Commission shall also be filed with Council. The Commission shall have a reasonable time to approve or disapprove such application. Such approval or disapproval together with the reasons therefore, shall be entered on the minutes of the Commission. The Chairman of the Commission shall inform Council in writing of the decision of the Commission at the next meeting of Council following such decision and include the reasons therefor.
(Ord. 81-39. Passed 3-24-82.)