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Texas Local Government Code

§ 231.179 — AUTHORITY OF BOARD

LG § 231.179Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · Part B. COUNTY REGULATORY AUTHORITY · Ch. 231. COUNTY ZONING AUTHORITY · Art. I. ZONING AND OTHER REGULATION IN EL PASO MISSION TRAIL HISTORICAL AREA

Statute text

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(a)The board of adjustment may:
(1)hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or a regulation adopted under this subchapter;
(2)hear and decide special exceptions to the terms of a regulation adopted under this subchapter when the regulation requires the board to do so; and
(3)authorize in specific cases a variance from the terms of a regulation adopted under this subchapter if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the regulation would result in unnecessary hardship, and so that the spirit of the regulation is observed and substantial justice is done.
(b)In exercising its authority under Subsection (a)(1), the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.
(c)The concurring vote of four members of the board is necessary to:

Legislative history

Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.

Source: Texas Local Government Code § 231.179 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.