(A) Special use permit/zoning classification change/amendment of zoning regulation.
(1) Except as specifically otherwise provided in this Code with regard to special use permits, the Zoning Commission and City Council shall hold a public hearing on an application for a special use permit, zoning classification change, and on proposed general amendments to the zoning provisions of this Code initiated by the City Council before acting thereon. The Zoning Commission shall hold a hearing on an application for a special use permit or zoning classification change within 45 days of the date of the filing of an administratively complete application that requires action for recommendation by the Zoning Commission. The City Council shall hold a hearing on an application for a special use permit or a zoning classification change within 45 days after the Zoning Commission has issued a recommendation on the matter or has issued a report of no recommendation.
(2) Notice.
(a) By publication. The city shall cause notice of each public hearing to be published once in an official newspaper or in a newspaper of general circulation in Sunset Valley at least 15 days prior to the date set for such hearing. The notice shall state the time and place of the hearing and contain a description of the matter to be considered, including its nature, scope and location. The notice shall also describe any other concurrent actions the applicant has requested and shall state the location and times of which the application and supporting documents are available for public inspection.
(b) Written notice to property owners. When the public hearing is to consider a proposed special use permit, or zoning classification change affecting a specific property, written notice of such hearing shall be given to the owners of all real property located within 500 feet of the property on which the action is proposed. However, if the proposed amendment does not include a proposed change in zoning classification (including changes in applicable conditional overlays) or a special use permit applicable to a specific property, no notice is required to be mailed to specific property owners. Where the subject property requesting the action constitutes a unit of a larger tract owned by the applicant, written notice of such hearing shall be given to the owners of all real property located within 500 feet of the property line of the larger tract. Notice shall be given not less than 15 days before the date set for the hearing either by personal service or by depositing a copy of the notice in the mail addressed to each owner at the address shown on the last approved city tax roll. Such written notice shall be in addition to notice by publication and shall contain the same information.
(c) Sign on property being considered for a special use permit or zoning classification change amendment. The city shall cause one or more signs to be erected in conspicuous locations on property for which a special use permit, or change of zoning classification has been requested. Such signs shall be erected no later than ten days before the request is to be considered at the public hearings before the Zoning Commission and City Council and shall remain until final disposition of the request by the city. Each sign shall describe the nature of the proposed action, and indicate the time, date, and place of the public hearing before the Zoning Commission or City Council and the time and place for public inspection of the application or proposal. No action taken by the Zoning Commission or the City Council shall be affected by any failure to comply with this section. The city may require the applicant to arrange the placement of required signage or may place the required signage on the affected property and charge the applicant the reasonable cost of such signage. If the city places the required signage on the property, the applicant's cooperation in placement of such signage on the affected property shall be a condition to review and action on the application.
(3) Joint hearing on multiple applications. Applications for special use permits, site plan zoning changes, zoning amendments and zoning approvals which involve the same development may be considered together, before either the Zoning Commission, the City Council, or both, at a single hearing, rather than at a separate hearing for each related application.
(4) Concurrent applications. An application for a zoning classification change may be filed concurrently with an application for a conceptual site plan, but shall be approved only after the latter applications have been approved. Tentative maps may be processed concurrently with a zoning classification amendment. Special use permits may be processed concurrently with a zoning classification change, but may not be approved until after the zoning classification change has been approved.
(B) Public hearings of applications for zoning variance.
(1) The Board of Adjustment shall hold a public hearing on an application for a variance from applicable zoning regulations. The Board of Adjustment shall hold a hearing within 45 days of the date of the filing of an administratively complete application or appeal.
(2) Notice of a public hearing conducted by the Board of Adjustment regarding a variance request shall, in addition to the requirements of the Texas Open Meetings Act, be by written notice to property owners in the manner provided in division (A)(2)(b) of this section regarding an application for a special use permit or zoning classification change.
(C) Public hearings and decision from administrative action.
(1) (a) An appeal of a decision made by an administrative official may be made by any of the persons or agencies and in the circumstances provided in Tex. Loc. Gov't Code § 211.008.
(b) An appeal is commenced by the filing of a notice of appeal with the Board of Adjustment and the administrative official from whom the appeal is taken, specifying the grounds of the appeal. Filing of the notice of appeal is complete when delivered to the City Secretary for the Board of Adjustment and to the City Administrator for the administrative official. The notice of appeal must be filed not later than the twentieth day after the date of the decision that is the subject of the appeal.
(c) The administrative official from whom the appeal is taken shall immediately transmit to the Board of Adjustment all papers constituting the record of the appealed action.
(d) The hearing of the appeal shall be set in a reasonable time following public notice. Public notice for an appeal that does not relate to a specific application, address, or project, shall be provided in accordance with § 150.060(A)(2)(b) to the appealing party and the affected administrative official. Public notice for an appeal that is related to a specific application, address, or project, shall be provided in accordance with § 150.060(A)(2)(b) to:
1. Owners of all real property located within 500 feet of the property that is the subject of the decision;
2. The owner of the affected property, and;
3. The administrative official from whom the appeal is taken.
(2) The Board of Adjustment shall decide the appeal not later than 60 days after the date the notice of appeal was timely filed. The Board of Adjustment shall decide the appeal at a meeting for which public notice can be provided as required by applicable law following the hearing, or earlier as necessary to timely render a decision.