§ 3-234 VARIANCES.

   Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or otherwise use his or her property in violation of this division may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this division; provided that any variances allowed shall be subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this division.

(Ord. 101, § X, passed 7-22-1974)

§ 3-235 HAZARD MARKING AND LIGHTING.

   Any permit granted under this division may, if such action is deemed advisable to effectuate the purposes of this division and reasonable in the circumstances, be so conditioned as to require the owner of the structure, tree or installation in question to permit the proper authority to install, operate and maintain thereon such markers and lights as the board may find necessary to indicate the presence of the airport hazard.

(Ord. 101, § XI, passed 7-22-1974)

§ 3-236 ADMINISTRATIVE AGENCIES.

   (a)   The administration and enforcement of the provisions of this division and all regulations adopted by the joint airport zoning board are vested in the governing bodies of each of the political subdivisions represented on the board which have respectively adopted by ordinance such provisions and regulations.

   (b)   Each such political subdivision shall:

      (1)   Establish its own administrative and enforcement agency;

      (2)   Designate another political subdivision to administer and enforce these regulations in its behalf; or

      (3)   Request the joint airport zoning board to designate an agency to act in this capacity in its behalf.

(Ord. 101, § XII, passed 7-22-1974)

§ 3-237 RULES OF PROCEDURE.

   The joint airport zoning board shall adopt rules and procedure to govern its actions and to inform permit applicants and administrative agencies and officials of the procedures required in connection with issuance of permits.

(Ord. 101, § XIII, passed 7-22-1974)

§ 3-238 BOARD OF ADJUSTMENT.

   (a)   There is hereby created a board of adjustment to have and exercise the following powers:

      (1)   To hear and decide appeals from any order, requirement, decision or determination made in the enforcement of this division;

      (2)   To hear and decide special exceptions to the terms of this division upon which such board of adjustment may be required to pass by subsequent regulations; and

      (3)   To hear and decide specific variances.

   (b)   The board of adjustment shall consist of five members, each to be appointed by the joint airport zoning board for a term of two years and removable for cause by such joint airport zoning board upon written charges and after public hearing. Vacancies shall be filled by such joint airport zoning board for the unexpired term of any member whose term becomes vacant. The chairperson of the board of adjustment shall be elected by and from the members of the board of adjustment.

   (c)   The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this division. Meetings of the board of adjustment shall be held at the call of the chairperson and at such times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment 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 immediately be filed in the office of the board of adjustment, and shall be a public record.

(Ord. 101, § XIV, passed 7-22-1974)

§ 3-239 APPEALS.

   (a)   Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this division, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of such administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.

   (b)   All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the administrative agency and with the board of adjustment a notice of appeal specifying the grounds thereof. The administrative agency shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

   (c)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the board of adjustment on notice to the administrative agency and on due cause shown.

   (d)   The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appeal in person or by agent or by attorney.

   (e)   The board of adjustment may, in conformity with the provisions of this division, reverse or affirm, wholly or partly, or modify, the order, requirement decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative agency.

   (f)   The board of adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts in reversing or affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this division.

   (g)   The concurring vote of four members of the board of adjustment shall be necessary to reverse or modify any order, requirement, decision or determination of the administrative agency or to decide in favor of the applicant concerning any matter upon which it is required to pass under the provisions of this division or to effect any variation in the application of the provisions of this division.

(Ord. 101, § XV, passed 7-22-1974)

§ 3-240 JUDICIAL REVIEW.

   Any person aggrieved or taxpayer affected by any decision of the board of adjustment or any governing body of a political subdivision or administrative agency or the joint airport zoning board which is of the opinion that a decision of the board of adjustment is illegal may, within ten days after the decision is filed in the office of the board, present a verified petition to a court of competent jurisdiction for relief in a manner as provided in Tex. Revised Civil Statutes Article 46e-11.

(Ord. 101, § XVI, passed 7-22-1974)