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.
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.
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.