28-8473. Airport zoning regulations; board of adjustment; powers; composition; proceedings
A. Airport zoning regulations adopted under this article shall provide for a board of adjustment that exercises the following powers:
1. Hear and decide appeals from an order, requirement, decision or determination made by the administrative agency in the enforcement of the airport zoning regulations as provided in section 28-8474.
2. Hear and decide special exceptions to the terms of the airport zoning regulations on which the board may be required to pass under the regulations.
3. Hear and decide specific variances under section 28-8471.
B. If a zoning board of appeals or adjustment exists, it may be appointed as the board of adjustment. If not, the board of adjustment consists of five members who are appointed for a term of three years by the authority adopting the regulations and who may be removed by the appointing authority for cause, on written charges and after a public hearing.
C. The concurring vote of a majority of the members of the board of adjustment is sufficient to:
1. Reverse an order, requirement, decision or determination of the administrative agency.
2. Decide in favor of the applicant on any matter on which it is required to act under the airport zoning regulations.
3. Make variations in the regulations.
D. The board shall:
1. Adopt regulations in accordance with provisions of the ordinance or resolution by which it is established.
2. Hold meetings at the call of the chairman and at other times as the board determines.
3. Have the chairman, or in the chairman's absence, the acting chairman, administer oaths and compel the attendance of witnesses.
4. Hold only public hearings.
5. Keep minutes of its proceedings showing the vote of each member on each question, or if a member is absent or fails to vote, indicating that fact.
6. Keep records of its examinations and other official actions as public records and file them in the office of the board.
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