Sec. 9-733. - Board of adjustment.
(a) Establishment of board of adjustment and board powers. A board of adjustment is hereby created pursuant to Chapter 241 and shall have the following powers:
(1) To hear and decide appeals, as provided by Chapter 241, or pursuant to this article, from an order, requirement, decision, or determination made by the director in the enforcement of this article;
(2) To hear and decide special exceptions to the terms of this article; and
(3) To grant variances from these regulations.
(b) Board composition. The board shall be composed of five members appointed by position to two-year terms. The mayor may appoint an individual board member to serve in matters involving only IAH, matters involving only HOU and matters involving only EFD, which members shall serve individually in position 5(IAH), position 5(HOU), and position 5(EFD), respectively. Members, including alternate members, shall be appointed by the mayor and confirmed by the city council and shall be residents of the city, except as provided in subsection (4), below.
(1) The mayor shall appoint a chair from among the members.
(2) The director shall be a non-voting, ex officio member of the board and shall serve as secretary to the board.
(3) An alternate member may be appointed for each position. An alternate member may serve in the absence of the member in that position.
(4) In the event another governmental entity whose jurisdiction includes land within an airport hazard area enters into an interlocal agreement with the city for enforcement of the terms of this article, the agreement may contain provisions for the appointment to the board of a resident of that governmental entity for matters affecting property within that entity's jurisdiction only. Any member so appointed does not need to be a resident of the city.
(5) The board may be composed of the same members appointed to the Board of Adjustment for Airport Land Use regulations in article VI of this chapter.
(c) Board procedures. The board shall adopt rules and procedures for its governance consistent with the provisions of this article, including how members shall rotate to allow members appointed under section 9-733 (b)(4) of this Code to participate as required. A board member may be removed by the appointing authority for cause on a written charge after a public hearing. A vacancy in any position shall be filled for the remainder of the unexpired term, giving first consideration to any current alternate members. The board shall adopt a regular meeting schedule and shall give public notice of the meeting schedule by publication for three consecutive days in a daily newspaper of general circulation within the city and any other jurisdiction located within the airport hazard area. The board may change this meeting schedule by the adoption of a new schedule, the effective date of which shall not be less than ten days after publication of the new schedule for three consecutive days in a daily newspaper having general circulation within the city and any other jurisdiction located within the airport hazard area. The board may meet in panels to consider each airport individually. The chair, or the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, and 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 and are public records. Four members of the board shall constitute a quorum. The concurring vote of four members of the board shall be necessary to:
(1) Reverse an order, requirement, decision, or determination of the director;
(2) Decide in favor of an applicant on a matter on which the board is required to pass under this article; or
(3) To hear and decide specific variances from this article.
(d) Compensation. Members of the board, in the performance of their duties as such, shall serve without compensation.
(Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)