§ 3-19. Aviation board of adjustment.

(a)

There is hereby created a board of adjustment to have and exercise the following powers:

(1)

To hear and decide final action on all appeals from any order, requirement, decision or determination made by the director of aviation in the enforcement of this article;

(2)

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

(3)

To hear and decide specific variances.

(b)

The aviation board of adjustment shall consist of seven (7) members; with one (1) member being appointed by the New Orleans Aviation Board, two (2) by the City of Kenner, two (2) by the President of the Parish of St. Charles, and two (2) by the, Council of the Parish of Jefferson. Each member shall serve for a term of four (4) years until a successor is duly appointed and qualified. Of the members first appointed, one (1) member from the City of Kenner and one (1) member from the Parish of St. Charles shall be appointed for a term of one (1) year, one (1) member from the Parish of Jefferson shall be appointed for a term of two (2) years, one (1) member from the Parish of St. Charles and one (1) member from the City of Kenner shall be appointed for a term of three (3) years, and one (1) member from the Parish of Jefferson and the member from the New Orleans Aviation Board shall be appointed for a term of four (4) years. Members shall be removable by the appointing authority upon written notice.

(c)

The aviation board of adjustment shall adopt rules for its governance and in harmony with the provisions of this article. Meetings of the aviation board of adjustment shall be held at the call of the chairperson and at such other times as the aviation board of adjustment may determine. The chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the aviation board of adjustment shall be public. The aviation 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 examination and other official actions, all of which shall immediately be filed in the office of the director of aviation and on due cause shown.

(d)

The aviation board of adjustment shall make written findings of facts 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 article.

(e)

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

(Code 1961, § 2A-29)

Cross reference

Administration, Ch. 2; boards, commissions and committees generally, § 2-516 et seq.