(a) Creation of the board.
(1) The existing zoning board of adjustment for the city is hereby designated as the Fort Worth Alliance Airport board of adjustment (hereinafter called the “board”). The board shall adopt rules consistent with this division and the Act. The board may set reasonable fees for the applications filed before it. Meetings of the board shall be held at the call of the chairperson and at other times as determined by the board. The chairperson or acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the board shall be open to the public. The board shall keep records of its examinations and other official actions, including minutes of its proceedings indicating the vote of each member on each question or indicating a member’s absence or failure to vote. Minutes and records shall be public documents and shall be filed immediately in the board’s office. The board shall have and exercise the following (and only the following) powers:
a. To hear and decide appeals from an order, requirement, decision or determination made by the director in the enforcement or administration of the airport height control area zoning regulations and airport compatible land use zoning regulations contained in this division; and
b. To hear and decide specific variance applications under this division.
(2) The concurring vote of at least four-fifths of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the director or to grant a variance under this division.
(b) Appeal to the board.
(1) An order, requirement, decision or determination made by the director in the enforcement or administration of this division may be appealed to the board by:
a. A person aggrieved by the order, requirement, decision or determination;
b. A taxpayer affected by the order, requirement, decision or determination; or
c. The city council if the council believes the order, requirement, decision or determination is an improper application of this division.
(2) The appellant must file with the board and with the director a notice of appeal, specifying the grounds for such appeal, within a reasonable time as determined by the rules of the board. Upon receipt of the appellant’s notice, the director shall immediately transmit to the board copies of all papers constituting the director’s record of the action that is the subject of the appeal.
(3) An appeal stays all proceedings in furtherance of the action that is the subject of the appeal unless the director certifies in writing to the board facts supporting the opinion of the director that a stay would cause imminent peril to life or property. In such case, the proceedings may be stayed only by an order of the board, after notice to the director, if due cause is shown.
(4) The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time as determined by the rules of the board.
(5) The board may reverse or affirm, in whole or in part, or modify the director’s order, requirement, decision or determination from which the appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the director.
(6) The board shall file as part of its records written conclusions stating the facts upon which it relied when reversing, affirming or modifying any order, requirement, decision or determination of the director or when granting or denying any variance under this division.
(Ord. 10121, § 2, passed 6-2-1988)
Cross-reference:
Zoning board of adjustment, see App. A, § 2.101