The city council may from time to time amend, supplement or change the regulations provided in this chapter or the boundaries of the zoning districts specified on the zoning map after receiving a final report thereon by the planning and zoning commission and after public hearings required by law. Any ordinance regulations or zoning district boundary amendment may be ordered for consideration by the city council, be initiated by the planning and zoning commission, or be requested by the owner of real property, or the authorized representative of an owner of real property. In no case shall the city council act upon any zoning request prior to recommendation by the planning and zoning commission.

Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the planning and zoning commission or city council on its own motion when it finds that public benefit will be derived from consideration of such matter. If the ownership stated on an application and shown on the city records are different, the applicant shall submit written proof of ownership.

Prior to making its report to the city council, the planning and zoning commission shall hold at least one public hearing on each application.

Before the fifteenth (15th) day before the date of the public hearing, notice of the time and place of the hearing must be published in the official newspaper of the city or a newspaper of general circulation in the city.

Before the tenth (10th) day before the date of the public hearing, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the city, properly addressed with postage paid, in the United States mail.

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole.

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land, unavailable for development.

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.

Any other factors which will substantially affect the health, safety, morals, or general welfare.

Every proposal which is recommended favorably by the planning and zoning commission shall be automatically forwarded to the city council for setting and holding of a public hearing on such proposal. No change, however, shall become effective until after the adoption of an ordinance for such change, and its publication, as required by law.

When the planning and zoning commission determines that a proposal should be denied, it shall report and recommend such determination to the city council and notify the applicant. If the proposal is denied by the planning and zoning commission, the request shall not be forwarded to the city council unless the applicant requests an appeal to the city council or the request is sent for review by the planning and zoning commission by simple majority vote. When a proposed zoning request which was denied by the planning and zoning commission is heard by the city council, a three-fourths majority vote by the city council shall be required for approval. A request which has been denied by the planning and zoning commission and/or city council may be resubmitted at any time for reconsideration by the city, and a new filing fee must accompany the request. The city council may deny any request with prejudice. If a request has been denied with prejudice, the same request or a similar request may not be resubmitted to the city for a period of six months from the original date of denial.

Notice of the city council hearing shall be given by publication in the official newspaper of the city, stating the time and place of such hearing, which shall be at least 15 days after the date of publication.

If a protest against a proposed amendment, supplement or change to a zoning regulation or boundary has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more of either the area of the lots or land included in such a proposed change to a zoning regulation or boundary or the area of the lots or land immediately adjoining the area thereof, extending 200 feet therefrom, or of lots or land directly opposite thereto, extending 200 feet from the street frontage of such opposite lots, such amendments shall not become effective, except by the affirmative vote of three-fourths of all members of the city council.

The City of Llano Planning and Zoning Commission is hereby established pursuant to V.T.C.A., Local Government Code sec. 211.007.

The commission shall be composed of five commissioners appointed by the city council. Five voting commissioners shall be residents of the City of Llano.

Annually the commissioners shall elect a chairperson, one of the five commissioners from within the city limits of Llano.

Commissioners shall serve at the pleasure of the city council for two-year terms expiring on the date of the January council meeting in odd-numbered years and even numbered years.

Public notice shall be given of the date and time of the meeting and the agenda to be considered in accordance with the V.T.C.A., Government Code ch. 551, Open Meetings Act. The commission shall keep minutes of its proceedings.

All meetings of the commission shall require a quorum of voting members. Any recommendation of the commission shall be based upon a majority vote.

The board of adjustment shall consist of six members who, in accordance with V.T.C.A., Local Government Code sec. 211.008(g), shall be the mayor and city council members serving on the governing body of the city. The mayor and city council members shall serve two-year terms on the board of adjustment coinciding and running concurrent with their terms of office on the city council, and until their successors on the governing body are duly elected, or appointed, and qualified. A member’s position on the board of adjustment is automatically deemed to be vacated when the member vacates his or her position on the governing body of the city. Each person elected or appointed to the governing body of the city shall automatically become a member of the board of adjustment upon said election, or appointment and qualification for office.

The mayor shall serve as the chairman of the board of adjustment. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public. Except when prohibited by law, each member may vote on matters pending before the board. Four members of the board shall constitute a quorum for the conduct of business. Each case before the board of adjustment must be heard by at least five members. Each member of the board shall regularly attend meetings and public hearings of the board.

A member of the governing body of the city who serves on the board of adjustment under V.T.C.A., Local Government Code sec. 211.008(g), may not bring an appeal under subsection 110-107(c) or under V.T.C.A., Local Government Code sec. 211.010.

The zoning board of adjustment shall have the authority, subject to the standards established in V.T.C.A., Local Government Code secs. 211.008–211.011 and in this chapter, to exercise the following powers and perform the following duties:

In exercising its authority under subsection (a)(1) of this section, the zoning board of adjustment may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for such purpose, the board has the same authority as the administrative official.

The concurring vote of four members of the zoning board of adjustment is necessary to:

The zoning board of adjustment may not grant a variance authorizing a use other than the uses permitted in the district for which the variance is sought.

The zoning board of adjustment shall have no power to grant or modify specific use permits authorized under article V, division 3 of this chapter.

The zoning board of adjustment shall have no power to grant a zoning amendment. If a request for a zoning amendment is pending before the planning and zoning commission or city council, the board shall neither hear, nor grant any variances with respect to the subject property until final disposition of the zoning amendment.

The zoning board of adjustment shall not grant a variance for any parcel of property, or portion thereof, upon which a site plan, preliminary plat or final plat, where required, has not been finally acted upon by both the planning and zoning commission and, where required, the city council. All administrative remedies available to the applicant shall have been exhausted prior to a hearing by the board.

In order to grant a variance from this chapter, the zoning board of adjustment must make written findings that the variance creates undue hardship, using the following criteria:

A variance shall not be granted to relieve a self-created or personal hardship, nor be based solely on economic gain or loss, nor permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.

The applicant bears the burden of proof in establishing the facts justifying a variance.

The zoning board of adjustment shall have the authority to hear and allow special exceptions only for uses which are conforming, but the building structure is not conforming.

In granting a special exception, the zoning board of adjustment shall not authorize uses that are not allowed under the terms of this chapter for the respective district.

A proof of hardship is not required for granting a special exception.

In granting a special exception, the zoning board of adjustment shall not permit variances from the use district regulations which are not prevalent on other lots in the same zoning district.

An application for granting a variance or special exception by the zoning board of adjustment, other than an appeal, shall be in writing, using forms provided by the city, and shall be accompanied by a fee. The application for a special exception shall be the same as for a zoning variance.

The zoning board of adjustment shall hold a public hearing no later than 45 days after the date the application for action or an appeal is filed on each such application or appeal. Notice of a public hearing shall be provided to all property owners within 200 feet of the affected property ten days prior to the public hearing, and shall also be published in the official local newspaper.

The concurring vote of four members of the zoning board of adjustment shall be necessary to reverse any order, requirement, decision or determination of an administrative official, 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 to this chapter granted by the board.

Any persons, jointly or severally, aggrieved by a decision of the zoning board of adjustment, or any taxpayer, officer, department or board of the city may present a petition to a court of record, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten days after the date the decision is filed in the board’s office.