O-2014-3551 amend Ch 106;comprehensive review and update

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(d) Hearings on applications for variances. The board of adjustment shall fix a reasonable time for the hearing of all applications for variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. (a) The notice of public hearings provided for in this section shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, which shall not be earlier than ten days from the date of such publication, and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200 feet of any point of the lot or portion thereof, on which a special exception or variance is desired, and to all other persons deemed by the board of adjustment to be affected thereby; such owners and persons shall be determined according to the last approved tax roll of the city. Such notice may be served by depositing addressed and postage paid, in the city post office. (b) Requirements for public notice by sign posting: (1) Public notice for procedures requiring public notice by sign posting shall be provided by the city at least ten days before the public hearing. (2) The applicant shall place public notice sign on the property within 20 feet of the abutting street. (3) The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right- of-way abutting the property. (4) Public notice sign shall include the date, time, place, and purpose of public hearing. (5) The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. (6) The erection of this sign shall not require a permit from the city. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment.