§ 12.36.080. Board of appeals—Generally.

A.

Created—Powers Generally. There is created a Board of Appeals, to have and exercise the following powers:

1.

To hear and decide appeals from any order, requirement, decision or determination made by the Hobbs Industrial Air Park Board in the enforcement of this chapter.

2.

To hear and decide special exceptions to the terms of this chapter, upon which such Board of Appeals under such regulations may be required to pass.

3.

To hear and decide specific variances.

B.

Composition—Appointment and Removal of Members—Terms. The Board of Appeals shall consist of five (5) members, appointed by the Mayor with the consent of the City Commission, and each shall serve for a term of three (3) years and until his or her successor is duly appointed and qualified. Of the members first appointed, one (1) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years and two (2) for a term of three (3) years, and thereafter the members shall serve for three (3) years. Members shall be removable by the Appointing Authority for cause, upon written charges, after a public hearing.

C.

Rules—Meetings—Minutes and Records. The Board of Appeals shall adopt rules for its governance and procedure in harmony with the provisions of this chapter. Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board of Appeals 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 Appeals shall be public. The Board of Appeals 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 City Clerk and shall be a public record.

D.

Written Findings of Fact. The Board of Appeals 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 chapter.

E.

Majority Vote Required for Action. The concurring vote of a majority of the members of the Board of Appeals shall be sufficient to reverse any order, requirement, decision or determination of the Hobbs Industrial Air Park Board, or to decide in favor of the applicant on any matter upon which such Board of Appeals is required to pass under this chapter, or to effect any variation in this chapter.

(Prior code § 3-8)