The City Council may from time to time by Ordinance amend, supplement, change, modify or repeal the boundaries of the districts or the regulations herein established.

Upon submission of any proposed change in zoning classification the applicant will be required to pay all required fees before the public hearings of the Planning and Zoning Commission and the City Council can be scheduled.

The Planning & Zoning Commission and City Council shall hold a public hearing on all proposed changes in classification and written notices of all public hearings shall be sent by the Secretary to all owners of real property as the ownership appears on the last approved tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, as the ownership appears on the last approved tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the local post office. At least fifteen (15) days’ notice of the time and place of the public hearing shall be published at least once in a newspaper of general publication and circulation in the community. A notice shall be posted in the place customarily reserved for City Council Agenda notices at least seventy-two (72) hours prior to the hearing.

The Secretary shall set up and maintain a separate file for each application received and shall record therein the names and addresses of all persons, firms, and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the mailing clerk, post office, or mailbox, and all records and files herein provided shall be permanent and official files of the City.

If a protest against such change [has been filed] signed by the owners of twenty (20) percent or more either of the area of lots included in such proposed change or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lot, such amendment shall not become effective except by the favorable vote of at least three-fourths of the City Council.

Appeals and requests for variances to the City Council may be taken by a person aggrieved or by an officer[,] department or City Council of the City of Blue Ridge affected by any decision of the administrative officer. Such appeal or request for variance shall be taken within fifteen (15) days time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Secretary of the City Council all the papers constituting the record upon which the action appealed from was taken.

Such notice of appeal properly filed as herein provided shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal [is] taken certifies to the City Council after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City Council or by a court of record on application or [on] notice to the officer from whom the appeal is taken and on due cause shown.

Upon notice of appeal being given to the City Secretary, before such appeal shall be construed as having been perfected the applicant must file with such notice of appeal to the Secretary of the City Council, an amount of money estimated by the Secretary as sufficient to mail and publish all notices required herein, such amount in no case to be less than fifteen ($15.00) dollars.

Application for special exceptions to the terms of this Ordinance shall be made in writing in duplicate on forms provided in the office of the City Secretary by the prospective occupant and/or owner of the property. One such application shall be accompanied by an amount of money estimated by the City Secretary to be sufficient to mail and publish all notices required herein, such amount in no case to be less than fifteen ($15.00) dollars.

The City Council shall hold a public hearing on all special exceptions, granting of variances and appeals and written notice of all such public hearings shall be sent by the City Secretary to the applicant and all other persons deemed by the City Council to be affected thereby, and all owners of real property lying within two hundred (200) feet of the property on which the special exception, grant of variance or appeal is proposed, such notice to be given not less than ten (10) days before the date set for the hearing to all such owners who have rendered their said property far City taxes as the ownership appears on the last approved tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the local post office. Notice shall also be given by publishing the same in a newspaper of general circulation at least fifteen (15) days prior to the date set for hearing which notice shall state the time and place of such hearing, provided however, all provisions contained herein with respect to the mailing and publishing or notices of hearings shall be deemed sufficient upon substantial compliance with this section, and is to be construed as directory and not mandatory.

Upon the hearing any interested party may appear in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the facts necessary, which the City Council must find before granting any special exception, variance or appeal as herein contained.

In exercising the powers herein granted, the City Council may, in conformity with the provisions of this Ordinance reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of four (4) members of the City Council shall be necessary to reverse any order, requirement, decision or determination, of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect any variation of this Ordinance or grant any special exception hereto.

No appeal, request or application to the City Council shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the City Council on any appeal, request or application to such body unless other property abutting or adjoining such property shall have within such six (6) months period been altered i.e. changing by a ruling of the City Council, in which case such change of circumstances shall permit the allowance of an appeal, request or application but shall in no wise have any force in law to compel the City Council after a hearing, to grant such subsequent appeal, request or application but such hearing shall be considered on its merits as in all other cases.

Any special exceptions, variances or appeals authorized or granted by the City Council either under the provisions for this Ordinance or under the authority granted to the City Council under the statutes of the State of Texas shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the City Council, unless said City Council in its minutes shall at the same time, grant a longer period, or such extended period as the City Council may specifically grant, then the special exception, variance or favorable appeal shall be deemed waived and all rights thereunder terminated. Such terminating and waiver shall be without prejudice to a subsequent appeal to said City Council in accordance with the rules and regulations herein contained.

A special exception is a permission given by the City Council properly authorized by this Ordinance in specific cases for an application [applicant] to use his property in a manner contrary to the provisions of this Ordinance provided such use sub [sic] serves the general welfare and preserves the community interest.

A variance on the other hand, is an authorization by the City Council granting relief and doing substantial justice in the use of the applicant’s property by a property owner where, owing to special conditions a literal enforcement of the provision of the Ordinance will result in unnecessary hardship.

A special exception may be granted an applicant when the City Council finds:

The City Council may, after public notice and hearing and subject to the conditions and safeguards herein contained, authorize special exceptions to this Ordinance as follows:

In granting any special exception under the provisions of this Ordinance, the City Council may designate such conditions in connection therewith which, in its opinion, will secure substantially the purpose and intent of this Ordinance.

A variance may be granted an applicant when the City Council finds:

The City Council may, after public notice and hearing and subject to the conditions and safeguards herein contained, vary or adapt the strict application of any of the terms of this Ordinance under the powers and authority herein granted.

In granting any variance under the provisions of this Ordinance, the City Council may designate such conditions in connection therewith, which, in its opinion, will secure substantially the purpose and intent of this Ordinance.