(A) There is 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 by the administrative agency in the administration or enforcement of this subchapter;
(2) To hear and decide special exceptions to the terms of an airport zoning regulation when the regulation requires the Board to do so; and
(3) To hear and decide specific variances.
(B) The Zoning Board of Appeals or Adjustment for the city, is designated as the Board of Adjustment for this subchapter.
(C) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this subchapter. 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 any member is absent or fails 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 or in the office of the City Secretary. All such records shall be a public record.
(D) The Board of Adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming or modifying any order, requirement or decision or any determination or decision pertaining to a request for a variance from the zoning regulations which comes before it under the provisions of this subchapter.
(E) The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the administrative agency to decide in favor of the applicant or any matter upon which it is required to pass under this subchapter or to effect any variation in this subchapter as provided in the Tex. Loc. Gov’t Code, § 241.032(d).
(Ord. 2000-18, passed 9-18-00)