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(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)
(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)
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)
In addition to any other authorized remedies, the political subdivision or agency adopting the zoning regulations in this division may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of the provisions of this division or to enforce such provisions and may be granted such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case.
(Ord. 101, § XVII, passed 7-22-1974)
Each violation of any provision of this division or of any regulation, order or ruling promulgated under this division shall constitute a misdemeanor and be punishable as provided in § 1-6 of this code. Jurisdiction for any offense providing a penalty under this division shall lie in the municipal court in the municipality in which the violation occurs; however, if the offense occurs in an area not incorporated within a municipality, jurisdiction shall lie in the justice of the peace court of the precinct in which the offense occurs.
(Ord. 101, § XVIII, passed 7-22-1974)
Where this division imposes a greater or more stringent restriction upon the use of land, height of a structure or tree, or the establishing or maintaining of any other airport hazard as defined in this division, than is imposed by other ordinances or regulations applicable to the same area or location, the provisions of this division shall govern and prevail.
(Ord. 101, § XIX, passed 7-22-1974)
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