A Zoning Board of Appeals is hereby established. The Zoning
Board of Appeals shall consist of five members appointed by the Village
President, subject to confirmation by the Village Board, to three-year
terms, except that, of those first appointed, one shall serve for
one year, two for two years and two for three years. For appointment
purposes, each year of each term shall expire on May 20 so that any
necessary appointments to the Zoning Board of Appeals shall be made
by the Village President on or before May 20 of each year. The members
shall serve at such compensation as shall be fixed by the Village
Board, shall all reside within the Village of Clayton, and shall be
removable by the Village President for cause and upon written charges
and after public hearing. The Village President shall designate one
Zoning Board of Appeals member as Chairperson. Vacancies will be filled
for the unexpired term of members whose terms become vacant as provided
herein for new appointments. The Village President shall appoint,
for staggered terms of three years, two alternate members for said
Board, in addition to the five regular members. The Village President
shall annually designate one of the alternate members as first alternate
and the other as second alternate. The first alternate member shall
act only when a regular member of the Board refuses to vote because
of interest or when a member is absent. The second alternate shall
so act only when the first alternate so refuses or is absent or when
more than one member of the Board so refuses or is absent. The above
provisions with regard to removal and the filling of vacancies shall
also apply to such alternates. The Zoning Board of Appeals shall appoint
one of its members as Secretary of the Board, unless the Village Board
shall authorize the employment of a Secretary.
The Zoning Board of Appeals shall adopt rules for its government
and procedure. Meetings of the Board shall be held at the call of
the Chairperson and at such other times as the Board may determine.
The Chairperson or, in his absence, the Acting Chairperson may administer
oaths and compel the attendance of witnesses. All meetings shall be
open to the public.
The Zoning Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
kept in the office of the Board.
A.
Scope of appeals. Appeals to the Zoning Board of Appeals may be taken
by any person aggrieved or by any officer, department, board or bureau
of the Village affected by any decision of the administrative officer.
Such appeal shall be taken within a reasonable 30 days of the alleged
grievance or judgment in question by filing with the officer(s) from
whom the appeal is taken and with the Zoning Board of Appeals a notice
of appeal specifying the grounds thereof, together with payment of
a filing fee as may be established by the Village Board. The officer(s)
from whom the appeal is taken shall forthwith transmit to the Zoning
Board of Appeals all papers constituting the record of appeals upon
which the action appealed from was taken.
B.
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certifies to the Zoning Board of Appeals that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause immediate peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order,
which may be granted by the Zoning Board of Appeals or by a court
of record on application, on notice to the officer from whom the appeal
is taken and on due cause shown.
C.
Powers of Zoning Board of Appeals. In addition to those powers enumerated
elsewhere in this Code, the Zoning Board of Appeals shall have the
following powers:
(1)
Errors: to hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Zoning Administrator or Building Inspector.
(3)
Interpretations: to hear and decide application for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Plan Commission has made a review and recommendation.
(4)
Substitutions: to hear and grant applications for substitution
of more restrictive nonconforming uses for existing nonconforming
uses, provided no structural alterations are to be made and the Plan
Commission has made a review and recommendation. Whenever the Board
permits such a substitution, the use may not thereafter be changed
without application.
(5)
Unclassified uses: to hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Plan Commission
has made a review and recommendation.
(6)
Temporary uses: to hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure and are compatible
with the neighboring uses and the Plan Commission has made a review
and recommendation. The permit shall be temporary, revocable, subject
to any condition required by the Zoning Board of Appeals and shall
be issued for a period not to exceed 12 months. Compliance with all
other provisions of this chapter shall be required.
(7)
Permits. The Board may reverse, affirm wholly or partly, or
modify the requirements appealed from and may issue or direct the
issue of a permit.
The Zoning Board of Appeals shall fix a reasonable time for
the hearing, cause notice thereof to be published in the official
newspaper not less than seven days prior thereto, and cause notice
to be given to the appellant or applicant and the administrative officer(s)
appealed from by regular mail or by personal service not less than
five days prior to the date of hearing. In every case involving a
variance, notice shall also be mailed not less than five days prior
to the hearing of the fee owners of record of all land within 100
feet of any part of the subject building or premises involved in the
appeal.
A.
Time frame. The Zoning Board of Appeals shall decide all appeals
and applications within 30 days after the public hearing and shall
transmit a signed copy of the Board's decision to the appellant
or applicant and the Zoning Administrator.
B.
Conditions. Conditions may be placed upon any zoning permit ordered
or authorized by this Board.
C.
Validity. Variances, substitutions or use permits granted by the
Board shall expire within 12 months unless substantial work has commenced
pursuant to such grant.
A.
Purpose.
(1)
A request for a variance may be made when an aggrieved party
can submit proof that strict adherence to the provisions of this Zoning
Code would cause him undue hardship or create conditions causing greater
harmful effects than the initial condition. A variance granted to
a nonconforming use brings that use into conformance with the district
and zoning requirements.
(2)
The Zoning Board of Appeals may authorize upon appeal, in specific
cases, such variance from the terms of the Zoning Code as will not
be contrary to the public interest, where owing to special conditions
a literal enforcement of the provisions of the Zoning Code will result
in unnecessary hardship and so that the spirit of the Zoning Code
shall be observed and substantial justice done. No variance shall
have the effect of allowing in any district uses prohibited in that
district, permit a lower degree of flood protection that the flood
protection elevation for the particular area or permit standards lower
than those required by state law.
(3)
For the purposes of this section, "unnecessary hardship" shall
be defined as an unusual or extreme decrease in the adaptability of
the property to the uses permitted by the zoning district which is
caused by facts, such as rough terrain or good soil conditions, uniquely
applicable to the particular piece of property, as distinguished from
those applicable to most or all property in the same zoning district.
B.
Application for variance. The application for variance shall be filed
with the Zoning Administrator. Applications may be made by the owner
or lessee of the structure, land or water to be affected. The application
shall contain the following information:
(1)
Name and address of applicant and all abutting and opposite
property owners of record.
(2)
Statement that the applicant is the owner or the authorized
agent of the owner of the property.
(3)
Address and description of the property.
(4)
A site plan showing an accurate depiction of the property.
(5)
Additional information required by the Plan Commission, Village
Engineer, Zoning Board of Appeals or Zoning Administrator.
(6)
Fee receipt for the application fee as established by the Village
Board.
C.
Public hearing of application. The Zoning Board of Appeals shall
conduct at least one public hearing on the proposed variance. Notice
of such hearing shall be given not more than 30 days and not less
than seven days before the hearing in one or more of the newspapers
in general circulation in the Village and shall give due notice to
the parties in interest, the Zoning Administrator and the Plan Commission.
At the hearing, the appellant or applicant may appear in person, by
agent or by attorney. The Board shall thereafter reach its decision
within 30 days after the final hearing and shall transmit a written
copy of its decision to the appellant or applicant, Zoning Administrator
and Plan Commission.
D.
Action of the Zoning Board of Appeals. For the Board to grant a variance,
it must find that:
(1)
Denial of variance may result in hardship to the property owner
due to physiographical consideration. There must be exceptional, extraordinary
or unusual circumstances or conditions applying to the lot or parcel,
structure, use or intended use that do not apply generally to other
properties or uses in the same district, and the granting of the variance
would not be of so general or recurrent nature as to suggest that
the Zoning Code should be changed.
(2)
The conditions upon which a petition for a variance is based
are unique to the property for which variance is being sought, and
that such variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in the
same district and same vicinity.
(3)
The purpose of the variance is not based exclusively upon a
desire to increase the value or income potential of the property.
(4)
The granting of the variance will not be detrimental to the
public welfare or injurious to the other property or improvements
in the neighborhood in which the property is located.
(5)
The proposed variance will not undermine the spirit and general
and specific purposes of the Zoning Code.
E.
Conditions. The Zoning Board of Appeals may impose such conditions
and restrictions upon the premises benefitted by a variance as may
be necessary to comply with the standards established in this section.
Any person or persons aggrieved by any decision of the Zoning
Board of Appeals may present to a court of record a petition, duly
verified, setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the office
of the Zoning Board of Appeals.
