Sec. 241.032. BOARD OF ADJUSTMENT. (a) Airport zoning regulations must provide for a board of adjustment.
(b) If a zoning board of appeals or adjustment exists, it may be designated as the board of adjustment under this chapter.
(c) If a zoning board of appeals or adjustment does not exist or is not designated as the board of adjustment under this chapter, a board of adjustment must be appointed. The board must consist of five members to be appointed for terms of two years. The appointing authority may remove a board member for cause on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term.
(d) The concurring vote of four members of the board is necessary to:
(1) reverse an order, requirement, decision, or determination of the administrative agency;
(2) decide in favor of an applicant on a matter on which the board is required to pass under an airport zoning regulation; or
(3) make a variation in an airport zoning regulation.
(e) The board shall adopt rules in accordance with the ordinance or resolution that created it.
(f) Meetings of the board are held at the call of the chairman and at other times as determined by the board. The chairman or acting chairman may administer oaths and compel the attendance of witnesses. All hearings of the board shall be open to the public.
(g) The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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