The Planning and Zoning Commission shall have the authority vested in municipal Planning Commissions by Chapter 7, Title 22, Delaware Code, as amended, including but not limited to the preparation and recommendation of a comprehensive development plan, its implementation and modifications, to the Town Council, and shall perform the duties therein set forth whether or not such authority or duties are expressly referred to herein, which include:

(1)  Recommendations on subdivision applications.

(2)  Recommendations on applications for variances, special exceptions, and appeals of administrative decisions.

(3)  Recommendations on zoning text and Zoning Map changes.

(4)  Plans and studies as requested.

The responsibilities of the Board of Adjustment are below:

1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto;

(2) Hear and decide special exceptions to the terms of the ordinance upon which the Board is required to pass under such ordinance;

(3)  Authorize, upon appeal in specific cases, such variance from the Zoning Chapter that will not be contrary to the public interest, where, owing to special conditions or exceptional situations, the literal interpretation of the Zoning Chapter will result in unnecessary hardship or exceptional practical difficulties to the owner of property, so that the spirit of the chapter shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Zoning Chapter or Zoning Map.

(4)  Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Adjustment after public notice and hearing and in accordance with the rules of the Board.