§ 9. Board of adjustment.

(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 by the building inspector [building official] in the enforcement of this order;

(2)

To hear and decide special exceptions to the terms of this order upon which such board of adjustment under such regulations may be required to pass;

(3)

To hear and decide specific variances.

(b)

The airport board of adjustment shall be the same as and consist of the same members as the City of McAllen zoning board of adjustments and appeals, subject to same terms, tenure and regulations as apply to the said members of the City of McAllen zoning board of adjustments and appeals.

(c)

The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this order. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, 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 building inspector [building official] and shall be a public record.

(d)

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, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this order.

(e)

The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision or determination of the building inspector [building official] or to decide in favor of the applicant on any matter upon which it is required to pass under this order, or to effect any variation in this order.

Cross reference

Zoning board of adjustment, § 138-41 et seq.