The administration of this title is vested in the offices or agencies of the village government as follows:

   Office of the building commissioner

   Planning and zoning commission

   Village board of trustees

(Ord., 4-7-1970; amd. Ord. 846, 2-15-2005)

The building commissioner and his authorized organizational personnel, shall administer and enforce this title, and in addition thereto and in furtherance of said authority, shall:

   A.   Issue all zoning certificates, and make and maintain records thereof.

   B.   Issue all certificates of occupancy, and make and maintain records thereof.

   C.   Conduct inspections of buildings, structures, and land to determine compliance with this title, and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it.

   D.   Order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by statute or by this title to ensure compliance with or to prevent violation of its provisions.

   E.   Prepare and cause to be published, on or before March 31 of each year, a map showing the existing zoning uses, divisions, restrictions, regulations, and classifications in effect on the preceding December 31.

   F.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, special use permits, planned unit developments, variations, appeals, and applications therefor.

   G.   Provide and maintain a source of public information relative to all matters arising out of this title.

   H.   Receive, file, and forward to the plan commission all applications for special use permits, for planned unit development approvals, and for amendments to this title.

   I.   Receive, file, and forward to the zoning board of appeals all applications for appeals, variations, and other matters on which the board is required to pass under this title.

   J.   Initiate, direct, and review, from time to time, a study of the provisions of this title and make recommendations to the plan commission as such study requires.

   K.   Keep the village board advised of zoning activities.

   L.   Decide or make recommendations on all matters under this title upon which the building commissioner is required to act. (Ord., 4-7-1970)

   A.   Creation: There is hereby created a planning and zoning commission of the village of Manhattan. The commission shall be known as the planning and zoning commission (PZC).

   B.   Membership And Appointment:

      1.   The PZC shall consist of seven (7) members appointed by the president with the advice and consent of the board of trustees. Each member shall reside in the village of Manhattan. The president with the advice and consent of the board of trustees may remove any member of the commission for cause following public hearing after notice to the member and to the public.

      2.   The president with the advice and consent of the board of trustees shall appoint one of the members of the PZC to act as its chairperson and one member as vice chairperson. The term of the chairperson and vice chairperson shall be two (2) years.

   C.   Terms Of Members: Members of the PZC appointed after the effective date hereof shall be initially appointed to the following terms:

      1.   Two members shall be appointed to a term which shall expire on May 1, 2022.

      2.   Two members shall be appointed to a term which shall expire on May 1, 2023.

      3.   Two members shall be appointed to a term which shall expire on May 1, 2024.

      4.   One member shall be appointed to a term which shall expire on May 1, 2025.

Upon expiration of the terms set forth in subsections C1 through C4 of this section, subsequent members shall be appointed for a term of four (4) years. Members of the PZC shall serve until their successors have been duly appointed and qualified. Appointments to fill a vacancy shall be for the unexpired term of the member whose place has become vacant.

   D.   Compensation: See subsection 1-8-3C of this code for PZC compensation.

   E.   Meetings And Rules: All meetings of the PZC shall be at the call of the chairman and at such other times as the PZC may determine. All hearings conducted by said PZC shall be in accordance with Illinois statutes. The chairman, or in his absence the vice chairman, may administer oaths and compel the attendance of witnesses. All testimony by any witness at any hearing provided for in this title shall be given under oath. All meetings of the PZC shall be open to the public. The PZC shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the PZC being present, which shall consist of a majority of all the members. The PZC shall adopt its own rules and procedures, not in conflict with this section or with applicable Illinois statutes.

   F.   Jurisdiction: The planning and zoning commission is hereby vested with the following jurisdiction and authority:

      1.   To hear and decide applications for variations from the terms in this title in the manner prescribed by and subject to the standards set out in section 4-12-3 of this chapter; and

      2.   To hear and decide appeals in which it is alleged that there is error in any order, requirement, decision, interpretation, or determination (all hereinafter referred to collectively as "decision") made by the building commissioner under this title, in the manner and subject to the standards set out in section 4-12-4 of this chapter; and

      3.   To hear and decide all other matters referred to it or upon which it is required to pass under this title; and

All of the above decisions made by the PZC shall be subject to further review if the decision(s) of the PZC is appealed. Any appeal of the PZC decision shall be heard and decided by the village board.

      4.   To hear, consider, and recommend to the village board matters dealing with amendments to this title; and

      5.   To hear, consider and recommend to the village board matters dealing with the granting of planned unit developments; and

      6.   To consider and decide upon all matters which it is required to act upon under the terms of this title; and

      7.   To prepare and recommend to the corporate authorities a comprehensive plan for the present and future development or redevelopment of the village; and

      8.   Recommend to the corporate authorities ordinances to implement the comprehensive plan; and

      9.   Recommend to the corporate authorities from time to time changes in the official comprehensive plan; and

      10.   Prepare and recommend to the corporate authorities from time to time plans for specific improvements in furtherance of the official comprehensive plan; and

      11.   Give aid to the village officials charged with the direction of projects for improvements embraced within the comprehensive plan, to further the making of these projects, and, generally, to promote the realization of the official comprehensive plan; and

      12.   Make recommendations to the corporate authorities regarding the subdivision ordinance and to review all plats of subdivision and site plans for development and make recommendation to the corporate authorities on such plats and site plans; and

      13.   Exercise such other powers and duties germane to the powers and duties granted by state statutes and this chapter or as may from time to time be conferred on the PZC by the corporate authorities; and

      14.   To establish reasonable standards of design for subdivisions and for resubdivisions of improved land and of areas subject to redevelopment in respect to public improvements; and

      15.   To establish reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment; and

      16.   To designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation; and

      17.   To initiate, study, and make recommendations regarding matters dealing with the planning of the community; and

      18.   To initiate, direct and review, from time to time, studies of the provisions of this title, and to make recommendations to the village board regarding any changes to this title.

All decisions and findings of the PZC upon application(s) for a variation or on appeal(s) after hearing in all instances or upon applications for a variation, after a hearing, shall in all instances not be final administrative decisions and shall be subject to review in all cases by the village board.

   G.   Subdivision Or Resubdivision; Official Map: At any time or times, before or after the formal adoption of the official comprehensive plan by the corporate authorities, an official map may be designated by ordinance, which map may consist of the whole area included within the official comprehensive plan, or one or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within one and one-half (11/2) miles from the corporate limits of the village. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds, and filing of said plan and ordinances, including the official map, with the village clerk shall be complied with as provided by law.

No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the village or within contiguous territory which is not more than one and one-half (11/2) miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown thereon provides for standards of design, and standards governing streets, alleys, public ways, ways for public service facilities, streetlights, public grounds, size of lots to be used for residential purposes, storm and flood water runoff channels and basins, water supply and distribution, sanitary sewers and sewage collection and treatment in conformity with the applicable requirements of the village ordinances, including the official map.

   H.   Expenditures: The planning and zoning commission may, at the discretion of the village board of trustees employ a paid secretary or staff, or both, whose salaries, wages and other necessary expenses shall be provided for by the village board of trustees from the public funds.

   I.   Actions And Decisions: All actions taken by the PZC shall be recommendations made to the corporate authorities for final action.

   J.   Fees: The corporate authorities shall establish from time to time the fees necessary to appear and conduct business before the PZC, including fees for reproduction of any public records of the commission.

   K.   Records: Every rule, regulation, amendment, or repeal thereof and every order, requirement, decision or determination of the PZC shall immediately be filed in the office of the village clerk and shall be public record. These records are available for inspection by the public during regular office hours in accordance with state statutes and ordinances of the village.

   L.   Prior Decisions And Recommendations: All prior decisions and recommendations of the previously existing zoning board of appeals and/or plan commission shall be deemed valid and to have survived the adoption of this section.

   M.   References: All references in this code to the zoning board of appeals, the "board" as it relates to the zoning board of appeals, the plan commission or the "commission" as it relates to the plan commission are after the effective date hereof amended to and deemed to be references to the planning and zoning commission ("PZC"). (Ord. 846, 2-15-2005; amd. Ord. 1359-21, 7-20-2021)

The village board of trustees shall establish the standards, procedures, and content of this title and shall reserve all matters of final decision to itself and may delegate certain other matters to other individuals or agencies. Decisions of the village board shall be subject to judicial review as the law may provide. The village board is hereby vested with the following jurisdiction and authority:

   A.   To decide amendments to this title after public hearing and report by the planning and zoning commission (PZC).

   B.   To decide on special use permits after public hearing and report by the planning and zoning commission (PZC).

   C.   To decide on planned unit developments after public hearing and report by the planning and zoning commission (PZC).

   D.   To decide on any appeal or challenge to a decision made by the planning and zoning commission (PZC).

   E.   To make appointments to the planning and zoning commission (PZC).

   F.   To decide all other matters required by this title. (Ord. 846, 2-15-2005)

   A.   Certificates Required: No building or structure shall be erected, constructed, reconstructed, enlarged, moved, or structurally altered, nor shall any excavation or grading for any building or structure be done, without a building permit. No building permit, and no other permit pertaining to the use of land, buildings, or structures, shall be issued by any employee of the village unless the proposed building or structure and the proposed use thereof comply with all the provisions of this title, nor shall any such permit be issued unless the application for such permit has affixed to it or stamped thereon a certificate of the building commissioner certifying such compliance. Any permit or zoning certificate issued in conflict with the provisions of this title shall be void.

   B.   Application: Every application for a building permit shall also be deemed an application for a zoning certificate, shall be made in duplicate in such form as the building commissioner may from time to time provide, and shall include:

      1.   Plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings and structures already existing, if any; the location and dimensions of the proposed building or alteration; the location and dimensions of all proposed off street parking and loading spaces and accessways thereto; and such other matters as the building commissioner may deem necessary to determine conformance with this title.

      2.   Information describing the existing and proposed case of each building and land area on the lot; the number of families or dwelling units proposed to be accommodated; and such other matters as the building commissioner may deem necessary to determine conformance with this title.

      3.   A certificate of a registered architect or a registered structural engineer licensed by the State of Illinois, or, if no architect or engineer was employed, affidavits of the owner and builder, that the proposed construction and the proposed use thereof comply with all the provisions of this Title, or stating the extent of noncompliance. Where the use requires compliance with manufacturing performance standards herein set forth, the certification of a professional engineer, licensed in the State of illinois and having an expertise in such standards, shall be required.

   C.   Action by Building Commission: Within fifteen (15) days after the receipt of an application for a zoning certificate, the Building Commissioner shall issue the certificate, provided all applicable provisions of this Title are complied with, or the Building Commissioner shall refuse to issue a zoning certificate and shall advise the applicant in writing of the reasons for the refusal. If the Building Commissioner fails to act within fifteen (15) days, the applicant may then file with the Building Commissioner a written demand that action be taken immediately. If the Building Commissioner fails to act within three (3) days after receipt of said written demand, the applicant may treat the application as denied and may appeal from such denial to the Zoning Board of Appeals in the manner and subject to the standards of Section 4-12-4 of this Chapter.

   D.   Period of Validity: No building permit shall be valid for a period longer than one hundred eighty days (180) from the date of its issuance unless the work authorized by it is substantially under way by the end of said period. (Ord., 4-7-70)

   A.   Certificate Required: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a certificate of occupancy shall have been issued therefor by the Building Commissioner. No such certificate shall be issued unless the proposed use or occupancy complies with all the provisions of this Title. Any certificate of occupancy issued in conflict with the provisions of this Title shall be void.

   B.   Application: Every application for a building permit shall also be deemed an application for a certificate of occupancy. Where no building permit is required, an application for a certificate of occupancy shall be made to the Building Commissioner in such form as he may from time to time provide.

   C.   Issuance: No certificate of occupancy for a building, structure, or portion thereof, constructed after the effective date hereof, shall be issued until construction has been completed and the premises inspected and certified to be in conformity with the plans and specifications upon which the zoning certificate was based. Pending issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed six (6) months from its date, during the completion of any addition or during partial occupancy of the premises. A certificate of occupancy shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fifteen (15) days after the Building Commissioner is notified in writing that the building or premises is ready for occupancy.

   D.   Period of Validity: No certificate of occupancy shall be valid for a period longer than ninety (90) days from the date of its issuance unless the use or occupancy authorized by it shall have been established within such period. (Ord., 4-7-70)

   A.   Authority: In specific cases in which there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this Title, the Zoning Board of Appeals shall have the power and duty to determine and vary the applications of such regulations, in harmony with their general purpose and intent, but only in accordance with the requirements hereinafter set forth.

   B.   Application and Notice of Hearing: An application for a variation shall be filed in duplicate with the Village Clerk, who shall forward a copy of the application to the Board without delay. The application shall be in such form, contain such information, and be accompanied by such plans, as the Board may by rule require. The Board shall hold a public hearing on such application not more than sixty (60) days after its filing. Notice of the time and place of such public hearing shall be published at least once. Not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the Village. The published notice may be supplemented by such additional form of notice as the Board may provide by rule.

   C.   Standards:

      1.   The Zoning Board of Appeals shall not vary the provisions of this Title as authorized in this Section, unless it shall have made findings based upon the evidence presented to it in the following cases:

         a.   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

         b.   The plight of the owner is due to unique circumstances; or

         c.   The variation, if granted, will not alter the essential character of the locality.

      2.   A variation shall be permitted only if the evidence in the judgment of the Board of Appeals, sustains each of the three (3) conditions enumerated above.

      3.   For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         a.   The particular physical surroundings, shape, or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

         b.   The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoned classification;

         c.   The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

         d.   The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

         e.   The granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or

         f.   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

      4.   The Zoning Board of Appeals may require each conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this Section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Title. (Ord., 4-7-1970)

   D.   Authorized Variations: The Zoning Board of Appeals shall decide variations from the provisions of this Zoning Ordinance that are in harmony with its general purpose and intent, and shall only vary them in specific instances where it has made a finding of facts based on the standards provided in subsection C of this Section, and may be granted only in the following instances, and in no others:

      1.   To permit any variations from the setback, lot coverage, landscaping, lighting, screening, building height, general zoning provisions listed in Chapter 3 of this Zoning Ordinance and IEPA regulations adopted by reference in this Zoning Ordinance.

      2.   To permit the use of a lot or lots of record on the effective date hereof for a use otherwise prohibited solely because of insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width.

      3.   To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

      4.   To reduce the applicable off-street parking or loading facilities required by twenty percent (20%) of the applicable regulations.

      5.   To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served.

      6.   To increase by not more than twenty percent (20%) the gross area of a sign. (Ord. 700, 7-6-1999)

   E.   Effective Period: No order of the board granting a variation shall be valid for a period longer than one hundred eighty (180) days from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The board may grant one extension of this period, valid for no more than one hundred eighty (180) additional days, upon written application, and good cause shown, without notice of hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, said variation shall, to the extent of such abandonment or nonutilization, become void.

   F.   Decisions: Not more than sixty (60) days after the close of the public hearing, the board shall make its findings of fact and its determination, in writing, and shall forthwith transmit a copy thereof to the applicant. The concurring vote of four (4) members of the board shall be necessary to grant a variation. (Ord., 4-7-1970)

   G.   Appeal Of PZC Decision: Within thirty (30) days after a written decision of the PZC is transmitted to the applicant, the applicant may appeal said decision to the village board. All decisions and findings of the village board on appeals of a PZC shall in all instances be final administrative decisions and shall be subject to judicial review as the law may provide. (Ord. 846, 2-15-2005)

   A.   Authority: The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, or determination under this title.

   B.   Scope Of Appeals: An appeal, in which it is alleged that there is error in any decision made by the building commissioner under this title, may be taken to the board by any person or governmental agency aggrieved by such decision or by any department, officer, board, or bureau of the village. Such an appeal shall be taken, within such time as shall be prescribed by the board by rule, by filing with the village clerk a notice of appeal in such form as the board may provide by rule. The building commissioner shall, without delay, forward to the board a copy of the notice of appeal together with all of the papers constituting the record upon which the decision appealed from was made.

   C.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the decision appealed unless the building commissioner certifies to the board, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceeding shall not be stayed unless by a restraining order, which may be granted by the board or by a court of record on application, on notice to the building commissioner and on due cause shown.

   D.   Hearing: The board shall select a reasonable time and place for the hearing of the appeal and give notice thereof to the parties, including the appellant, the building commissioner, and any other affected party who has requested in writing that he be so notified. (Ord., 4-7-1970)

   E.   Decisions: The planning and zoning commission (PZC) shall render a written decision on the appeal within a reasonable time, but in no event more than sixty (60) days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The PZC may affirm or may, upon the concurring vote of four (4) members, reverse, wholly or in part, or modify, the decision of the building commissioner, as in its opinion ought to be done, and to that end shall have all the powers of the building commissioner. All decisions, after hearing, of the PZC on appeals from an administrative order, requirement, decision or determination of the building commissioner shall be an administrative determination and shall be subject to further review by the village board.

   F.   Appeal Of PZC Decision: Within thirty (30) days after a written decision of the PZC is transmitted to the applicant, the applicant may appeal said decision to the village board. All decisions and findings of the village board on appeals of a PZC shall in all instances be final administrative decisions and shall be subject to judicial review as the law may provide. (Ord. 846, 2-15-2005)

   A.   Purpose: This title is based upon the division of the village into districts, within which the use of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally affected with a public interest; and

      2.   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities, or the Village as a whole.

   B.   Authority: Special use permits may be granted by the Village Board, but only in accordance with the requirements hereinafter set forth.

   C.   Application and Notice of Hearing: An application for special use permit shall be filed in duplicate with the Village Clerk, who shall forward a copy of the application to the Plan Commission without delay. The application shall be in such form, contain such information, and be accompanied by such plans, as the Plan Commission may by rule require. The Plan Commission shall hold a public hearing on such application not more than sixty (60) days after its filing. Notice of the time and place of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the Village. the published notice may be supplemented by such additional form of notice as the Commission may provide by rule.

   D.   Report: Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the Commission shall transmit to the Village Board a written report giving its findings and recommendations for action to be taken by the Village Board on the application. The report shall include any recommended conditions or restrictions to be imposed upon the premises benefited by the special use permit.

   E.   Standards: No special use permit may be granted unless:

      1.   The proposed use is designated by this Title as a special use in the district in which the use is to be located.

      2.   The proposed use will comply with all applicable regulations in the district in which the use is to be located.

      3.   The location and size of the proposed use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

      4.   The location, nature, and height of buildings, walls, and fences, and the nature and extent of the landscaping on the site are such that the use will not unreasonably hinder or discourage the appropriate development and use of adjacent land and buildings.

      5.   Parking areas will be of adequate size for the particular use; properly located, and suitably screened from adjoining uses, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.

      6.   The proposed use will not cause substantial injury to the value of other property in the neighborhood.

      7.   Conditions in the area have substantially changed and at least one year has elapsed since any denial by the Village Board of any prior application for a special use permit that would have authorized substantially the same use of all or part of the site.

The Village Board shall impose such conditions and restrictions upon the premises benefited by a special use permit as may be necessary to assure compliance with the above standards, to reduce or minimize the effect of such permit upon other properties in the neighborhood, and to better carry out the general intent of this Title. Failure to comply with such conditions or restrictions shall constitute a violation of this Title.

   F.   Effective Period: No special use permit shall be valid for a period longer than one hundred eighty (180) days from the date it is granted unless a building permit or certificate of occupancy is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant one extension of this period, valid for no more than one hundred eighty (180) additional days, upon written application and good cause shown, without notice or hearing. If any special use is abandoned, or is discontinued for a continuous period of one year, the special use permit for such use shall become void, and such use shall not thereafter be re-established unless a new special use permit is obtained.

   G.   Decisions: The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable statutes of the State of Illinois, or may refer it back to the Plan Commission for further consideration.

   H.   Planned Unit Development: A planned unit development shall be granted a special use. The standards, requirements, an procedures granted shall be in accord with Chapter 9 of this Title. (Ord., 4-7-70)

   A.   Authority: The regulations and districts established by this Title may be amended from time to time, by the Village Board through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the Plan Commission and after a report of findings and recommendations has been submitted to the Village Board by the Plan Commission.

   B.   Initiation: Amendments may be proposed by the Village Board, Plan Commission, and by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.

No application for amendment to this Title shall be made which proposes reclassification of any of the same property for the same zoning district that has been the subject of a public hearing held by the Plan Commission within the twelve (12) months preceding the date of filing.

   C.   Processing: The process for obtaining an amendment shall be as follows:

      1.   An application for an amendment shall be filed with the Village Clerk, and thereafter entered into the records of the first meeting thereafter of the Village Board.

      2.   A copy of such application shall thereafter be forwarded by the Village Clerk to the Zoning Board of Appeals with a request to hold a public hearing and submit to the Village Board a report of its findings and recommendations.

      3.   The Plan Commission shall hold a public hearing within sixty (60) days after receiving the application from the Village Board. Notice of the time and place of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the Village.

      4.   The Plan Commission shall, within sixty (60) days after the hearing, transmit a written report giving its findings and recommendations to the Village Board.

   D.   Decisions: The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the Plan Commission for further consideration.

If no action is taken by the Village Board within six (6) months after the report of the Plan Commission, the application shall be deemed to have been denied and shall not thereafter be granted,

In case a written protest against any proposed amendment signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining, or by owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the amendment cannot be passed except on the favorable vote of two-thirds (2/3) of all members of the Village Board. (Ord., 4-7-70)

   A.   Authority: The Building Commissioner is authorized by this Title to issue a temporary permit for uses specifically authorized in particular zoning districts as temporary permit uses.

   B.   Application: An application for a temporary permit shall be made to the Building Commissioner in writing on a form provided by the Village. The Building Commissioner shall issue a permit only after he is satisfied that the use allowed by the temporary permit will not adversely affect the public health, safety or general welfare of the Village and/or immediate neighborhood.

   C.   Hearing: The Building Commissioner may, if he so desires, hold a public hearing on the request for a temporary permit, or may contact the property owners affected by the proposed use regarding their opinion of the use.

   D.   Conditions: The building commissioner may require that certain conditions relating to the public health, safety or general welfare be complied with before the issuance of a temporary permit.

   E.   Decisions: The building commissioner shall render a written decision on the application for a temporary permit within a reasonable time and promptly forward a copy of the decision to the petitioner. Appeals from the decision of the building commissioner can be made to the zoning board of appeals. (Ord., 4-7-1970)

The village board shall establish a schedule of fees, charges, and expenses required for building permits, zoning certificates, certificates of occupancy, variations, special use permits, temporary use permits, amendments, planned unit development approvals, and other matters pertaining to this title.

Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.

All fees shall be paid to the village clerk and none shall in any event be refunded. (Ord., 4-7-1970)

Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any provisions of this title, shall be subject to a fine as established in section 1-4-1 of this code for each offense. Each day a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord., 4-7-1970; amd. Ord. 1061, 4-20-2010)

The owner or tenant of any building, structure, or land, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord., 4-7-1970)