§ 115-76. Amendments, supplements, changes, modifications and variances.

(a)

The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a written protest against such change signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective, except by the favorable vote of three-fourths of all members of the board of aldermen.

(b)

Prior to adopting any change in such regulations, restrictions or boundaries, the board of aldermen shall hold a public hearing in relation thereto at which all parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in the official newspaper of the town or, if none has been designated, in a paper having general circulation within the corporate limits of the town.

(c)

Additional notice of such public hearing setting forth such proposed change must be sent to the owners of all real property lying within the area proposed for change and within 200 feet of the property on which any change in classification is proposed, such notice to be given not less than ten days before the date set for such hearing, to all owners who have rendered their said property for town taxes as the ownership appears on the last approved town tax roll. For each year in which a town tax is not levied, such notice shall be given to all owners who have rendered their said property for county and state taxes as the ownership appears on the last approved county tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the U.S. post office serving the town. Where property lying within the area proposed for change or within 200 feet of the property proposed to be changed is located in territory which was annexed to the town after the final date for making the renditions which are included on the last approved town tax roll or county tax roll, as the case may be, notice to the owner thereof shall be given by publication in the manner provided in subsection (b) of this section.

(d)

The board of aldermen may not adopt a change in this chapter until after the 30th day after the day that notice required by subsection (c) of this section is given.

(e)

Variances may not be granted until this chapter is amended to provide for a board of adjustment.

(Ord. No. 1980-04, § 3.2, 3-12-1980)

State law reference

Amendments generally, V.T.C.A., Local Government Code § 211.006.