A zoning board of appeals is hereby established which shall consist of five members who shall be appointed by the mayor with advice and consent of the city council. Each member shall be appointed for a term of five years from the date of appointment, and serve until a successor has been selected and qualified. One member of the board of appeals shall be named as chairman at the time of appointment to serve for the full five-year term. The chairman may be reappointed for a consecutive term to serve on the board of appeals, but may not be reappointed for a consecutive term as chairman. Each board member shall receive for services such compensation, if any, as is determined from time to time by the council.

(Ord. No. TA1-04, § 1, 6-27-2023)

A.

Removals: The mayor may remove any member of the board of appeals for cause with the advice and consent of council, following a public hearing on the removal for cause.

B.

Vacancies: To fill a vacancy, the mayor shall appoint a board member with the advice and consent of council, consistent the appointment process for new board members. The appointment shall only be for the unexpired term of the member whose place has become vacant.

(Ord. No. TA1-04, § 2, 6-27-2023)

A.

Meetings: All meetings of the zoning board of appeals shall be held at the call of the chairman and at such times and places within the city as the board of appeals may determine. All meetings shall be open to the public and shall be held in accordance with the provisions of the state of Illinois Open Meetings Act.

B.

Quorum: Three members of the board shall constitute a quorum, and the affirmative vote of at three members shall be necessary to authorize any board action.

C.

Officers: The board may select such officers as they deem necessary. The chairman appointed by the mayor with advice and consent of council, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

D.

Minutes and records: The board of appeals shall keep minutes of its proceedings, examinations, and official actions. The minutes shall include the vote of each member on every question, or if absent or failing to vote, the minutes shall indicate such fact. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying each application shall be specified. A copy of every rule, regulation, variance, special use permit, planned unit development, amendment approved, amendment repealed, order, requirement, determination or decision of the board shall immediately be filed with the city clerk and shall be a public record.

(Ord. No. TA1-04, § 3, 6-27-2023)

A.

Subject to, and in accordance with the laws of the state of Illinois, the Zoning Board of Appeals of the city of West Frankfort is hereby established to serve as an advisory and review authority for all variances pertaining to lots of record within the corporate limits and/or extraterritorial jurisdiction of the city of West Frankfort, and zoning ordinance text and map amendments.

B.

The members of the zoning board of appeals shall possess the following powers and/or duties:

1.

To hear and decide appeals only from any zoning related order, requirement, decision or determination made by the codes officer through his position as zoning administrator under this chapter;

2.

To hear and pass upon applications for variations from the terms provided in this zoning ordinance in the manner prescribed by, and subject to, the standards established herein;

3.

To hear and decide all matters referred to it or which it is required to pass under this zoning ordinance as prescribed by statute

(Ord. No. TA1-04, § 4, 6-27-2023)

A.

Filing appeals: Every appeal shall be made within forty-five days of the matter complained of by filing with the city clerk a written notice specifying grounds for appeal. The city clerk shall notify the codes officer and the board of appeals within five days of receipt of the appeal and pertinent records. The codes officer shall forthwith transmit all papers constituting the record upon which the action appealed from was taken.

B.

Timeline: The board of appeals shall fix a reasonable time for the hearing of the appeal and give the notice thereof to the parties interested and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Codes Officer from whom the appeal is taken.

C.

Required vote: The concurring vote of three members of the board of appeals is necessary to reverse, any order, requirement, decision or determination of the codes officer, or to decide in favor of the applicant, any matter upon which it is required to pass under this code, or to affect any variation in this code, or to recommend any variation or modification of this code to the city council.

(Ord. No. TA1-04, § 5, 6-27-2023)

An appeal stays all further action on the matter being appealed unless there exists sufficient evidence that a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the zoning board or appeals or the Franklin County Circuit Court grants a restraining order for due cause, and so notifies the city clerk.

(Ord. No. TA1-04, § 6, 6-27-2023)

Any member having a pecuniary or personal interest in any application and/or appeal scheduled to be heard by the zoning board of appeals shall disclose such interest, with said disclosure being made a matter of public record. Without exception, any member having any said interest shall not be a party to any of the following actions or activities regarding said application and/or appeal:

A.

Present, and/or speak in his/her capacity as a member of the zoning board of appeals;

B.

Exert personal influence on fellow members or elected and/or appointed officials; or

C.

Vote on the board's final decision relating to said application or appeal.

(Ord. No. TA1-04, § 7, 6-27-2023)