A. The Zoning, Planning and Appeals Commission shall, within forty-five (45) days after the conclusion of the final session of the hearing, decide the appeal made from such order, requirement decision, or determination made by the Zoning Administrator in his administration and enforcement of this Chapter, unless within such period of time the Zoning, Planning and Appeals Commission shall make request to and receive permission from the President and Board of Trustees for an additional forty-five (45) days within which to decide.
1. The concurring vote of five (5) members of the Zoning, Planning and Appeals Commission shall be necessary to reverse any order, requirement, decision or determination of the Building Administrator or the Director of Community Development. Findings of fact based upon the evidence presented during the hearing shall be included in the minutes of and final Orders of decisions entered in each Case on appeal, and the reasons for recommending or denying such appeal shall be specified.
2. If, at the expiration of such initial forty-five (45) days or the additional forty-five (45) days (as the case may be), the Zoning, Planning and Appeals Commission does not make its decision, it shall be concluded that the Zoning, Planning and Appeals Commission decided to deny the petition on appeal.
B. No permit shall be issued during the pendency of an appeal before the Zoning, Planning and Appeals Commission, nor while a recommendation of the Zoning, Planning and Appeals Commission may be pending before the Village Board of the Village of Mettawa, nor while litigation is pending in any court challenging the Village's actions, nor during the time within which such appeal from a court's action can lawfully be taken unless the Building and Zoning Director certifies to the President and Board of Trustees after the notice of appeal has been filed, by the reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order entered by a court of competent jurisdiction, on due cause shown.
C. Nothing in this Section 15.904 shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings, but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety, and general welfare.
(Ord. 397, passed 5-12-99; Am. Ord. 485, passed 6-29-2002; Am. Ord. 565, passed 8-15-2006; Am. Ord. 688, passed 5-17-2011)