Procedures before the ZBA, and appeals to and from such Board, shall be governed by the prevailing regulations of Tex. Local Government Code § 211.008, which reflects that:
(A) The ZBA shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this chapter or state law. Meetings of the ZBA shall be held at the call of the Chairperson and at such other items as the Board may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oath and compel the attendance of witnesses;
(B) All meetings of the ZBA shall be open to the general public. The ZBA shall keep minutes of its proceedings, showing the vote of each regular member upon each application or, if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a perpetual public record;
(C) Appeals to the ZBA may be made by any person aggrieved, or by any municipal officer, department or board affected by any decision of the City Manager or his or her duly authorized representative, typically the Planning Director, in the enforcement of this chapter. Such appeal shall be filed with the ZBA by the Planning Director within 15 days after the original decision rendered by the Director of Planning;
(D) Notice of hearing before the ZBA required:
(1) The ZBA shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant, all persons who are owners of real property lying within 200 feet of the property on which the appeal is made, and all other persons deemed by the ZBA to be affected thereby;
(2) Such notice shall be given not less than ten days (to be received) before the date set for the public hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the latest available tax records to the city. Such notice may be served by depositing the notice, properly addressed and postage paid, in the U.S. Post Office; and
(3) Notice of the public hearing shall be published in a newspaper of local circulation not less than 15 calendar days prior to such being formally considered by the ZBA.
(E) The Secretary of the Board shall forthwith notify in writing the City Council, the Planning and Zoning Commission and the city’s Chief Building Inspector of each decision, interpretation, special exception and variance granted under the provisions of this chapter.
(Ord. 2016-07, passed 8-9-2016)