IV.1.1 
Policy of Zoning Amendment.
The City declares the enactment of the zoning regulations set forth in various Articles of this Ordinance governing the use and development of land, buildings and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
A. 
To correct any error in the regulations or map by Ordinance;
B. 
To recognize changed or changing conditions or circumstances in a particular locality;
C. 
To recognize changes in technology, the style of living, or manner of conducting business; or
D. 
To change the property to uses in accordance with the City’s adopted Comprehensive Master Plan.
IV.1.2 
Authority to Amend Zoning Ordinance
A. 
The City Council may from time to time, after receiving a final report thereon by the Commission and after Public Hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts, as depicted on the adopted Zoning Map. Any zoning change or amendment may be ordered for consideration by the City Council, be initiated by the Commission, [or] be requested by the owner of real property or the authorized representative of an owner of real property and/or City staff.
B. 
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 Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. Proof of ownership shall be provided by the applicant.
C. 
Each applicant [application] for zoning, for an amendment, or change to the existing provisions of the zoning requirements, regulation and mapping as set forth in this Ordinance shall be made in writing to the City on a form provided by the City and shall be filed with the City Planner and shall be accompanied by payment of the appropriate fee to be charged by the City for administering the zoning application.
D. 
No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Glenn Heights, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owned by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that all taxes have been paid.
IV.1.3 
Application
A. 
Each application for zoning, rezoning, Specific Use Permit (SUP), or for a text amendment to a provision(s) of this Zoning Ordinance, shall be made in writing on an application form available in the City Planner’s office. The application shall be delivered to the City at least forty (40) days prior to the date of the Public Hearing before the Commission, and shall be accompanied by payment of the appropriate fee as established by the City of Glenn Heights (Section I.8 Fees Established). An accurate metes and bounds description of the subject property (or other suitable legal description), a survey (i.e., drawing of metes and bounds) exhibit, and other appropriate exhibits (i.e., Site Plan, map, architectural elevations, information about proposed uses, etc.) that are determined necessary by the City Manager or his/her designee, shall also be submitted with the zoning application in order to ensure that the request is understood. A Site Plan, as prescribed in Article VIII of this Ordinance, shall also be submitted along with any zoning request involving a SUP request or the formation of a Planned Development (PD) district.
B. 
All zoning change requests involving real property (including PD and SUP requests) shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner’s agent to file the zoning change request.
IV.1.4 
Payment of Fees, Charges and Expenses.
Until all applicable fees, charges and expenses, as established in Section I.8 (Fees Established) and adopted by ordinance in the City’s Fee Schedule have been paid in full, no action shall be taken on any zoning or development application or on any appeal.
IV.1.5 
Official Submission Date and Completeness of Applications
A. 
For the purposes of these regulations, the “official submission date” for an original zoning application, change in zoning application, or any other application required for a project under this Ordinance, shall be the date upon which a complete application (that contains all elements and information required by this Ordinance) is submitted to the City Planner or his/her designee. No application shall be deemed officially submitted until the City Planner or his/her designee determines that the application is complete and a fee receipt is issued by the City. Failure by the City Planner or his/her designee to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the “official submission date” shall become the tenth (10th) calendar day following initial receipt of the application by the City. An application shall expire forty-five (45) days from the date the application was filed with the city based on the date stamp provide[d] by city staff and the applicant shall submit all documentation necessary within that time period if a determination of incompleteness is provided. If the required documentation is not received within the forty-five (45) day period to achieve “official submission date” status, the application shall be deemed expired and the applicant will need to submit a new zoning application.
B. 
Zoning applications which do not include all required information and materials (as outlined above and per other City development review policies) will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Commission agenda until the proper information is provided to City staff.
C. 
Application Filed - Although zoning regulations are exempt under Texas Local Government Code, Chapter 245, in order to assist applicants in moving through the zoning application process in a timely manner, an application is considered filed on the date the applicant mails by certified mail or delivers the application to the following address:
City of Glenn Heights
Planning Department
Attn: City Planner
2117 Uhl Rd.
Glenn Heights, TX 75154
IV.1.6 
Informational Signs.
Upon the filing of an application to amend the Comprehensive Master Plan land use category or the zoning on a lot or tract of land or property, or for the issuance of a Specific Use Permit relative thereto, or to the creation of a Planned Development, the owner/developer/applicant shall be required to place an informational sign on such lot or tract of land or property within five (5) calendar days after the official submission date as follows:
A. 
The size of the sign shall be three feet by four feet (3' x 4') and be made out of aluminum or corrugated plastic material or similar durable construction.
B. 
The sign shall be mounted on stakes/poles so that the sign remains firm and steady, even during winds and inclement weather.
C. 
The sign shall be visible from the street.
D. 
There shall be one sign for each street frontage.
E. 
The sign shall have a white background with the letters and borders being blue in color. The sign shall state one of the following, as applicable:
Example:
City of Glenn Heights, Texas
A request for a “Zoning Change”, “Change in the Comprehensive Master Plan”, a “Planned Development” or a “Specific Use Permit” is being made on this property. For information call 972.274.5100. A copy of the application is available for inspection in the City of Glenn Heights’ Planning Department consistent with the Public Information Act.
F. 
The owner/developer/applicant shall be required to remove the informational sign(s) from the lot or tract of land or property within ten (10) calendar days after the date of the final action of the requested change or amendment.
G. 
All signs must be maintained in good condition. All signs that deteriorate or are damaged during the process shall be removed and immediately replaced.
IV.1.7 
Public Hearing and Notice.
Prior to making its report to the City Council, the Commission shall hold at least one Public Hearing on each application, as per applicable State law (Texas Local Government Code Chapter 211, as enacted and as may be amended). Written notice of all Public Hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred feet (200') of any property affected thereby, within not less than fifteen (15) days before such Hearing is held. Such notice may be served by using the last known address as listed on the latest approved City tax roll and depositing the notice, postage paid, in the United States mail. Notice of Hearings on proposed changes in the text of an Article shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official newspaper of the City. All notices for the Public Hearing, except for a PD and/or SUP request, before the City Council will also be published at the same time notice of the Commission meeting is published. Notices for Public Hearings before the Commission and City Council for a PD and/or SUP shall be made separately and the Public Hearing for the Commission and City Council shall be separated by a minimum of fourteen (14) days.
Notices for the Public Hearing before the City Council may be published at the same time notice of the Commission Hearing is published in all straight zoning cases. In cases where a Planned Development District is being proposed or amended, or a Specific Use Permit is being proposed or amended, notice for the Public Hearing before the City Council shall only be published upon completion of all Public Hearings before and a recommendation from the Commission.
Notwithstanding the foregoing, notices of Public Hearing before the City Council may be published at the same time notice of the Commission meeting is published, should the Applicant so request, and the staff concur based upon prior receipt of DRC reports and workshops on the projects to ensure proper consideration by the Commission.
IV.1.8 
Failure to Appear.
Failure of the applicant or his/her authorized representative to appear before the Commission or the City Council for more than one (1) Hearing without a delay approved by the City Manager shall constitute sufficient grounds for the Commission or City Council to table or terminate the application. Such request to the City Manager for a delay shall be in writing and shall be provided from the applicant to the City Manager at least seventy-two (72) hours prior to the Hearing.
IV.1.9 
Commission Consideration and Report.
The Planning and Zoning Commission, after the Public Hearing is closed, shall prepare the report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Master Plan which shall not be required to be of a particular form but may be included in a proposed ordinance or appropriate enacting document. The Commission may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Commission shall function in accordance with Section II.1 of this Ordinance and with other applicable provisions of this Ordinance and consider the following factors:
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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 shall be modified also.
F. 
Any other factors which will substantially affect the health, safety, morals, or general welfare of the City.
(Ordinance O-03-09, adopted 4/20/09; Ordinance O-18-11, sec. 2, adopted 11/21/11)
IV.2.1 
Council Hearing and Notice.
All notices for the public hearing, except for a PD and/or SUP request, before the City Council may be given by publication and may be at the same time notice is given for the Planning and Zoning Commission Public Hearing in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication, in accordance with Section III.1.6 [IV.1.7] herein. Notices for the Public Hearing for a PD and/or SUP may be made separately and the Public Hearing with the Planning and Zoning Commission and City Council to be separated by a minimum of fourteen (14) days.
IV.2.2 
Three-Fourths Vote
A. 
A favorable vote of three-fourths (3/4) of the full City Council (6 of 7 members) shall be required to overrule a proposed recommendation for denial from the Commission.
B. 
If a protest against such proposed amendment, supplement or change has been filed with the City Secretary, prior to the close of the public hearing before the City Council, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such a proposed change or those are of the lots or land immediately adjacent to the area thereof extending two hundred feet (200') therefrom or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such proposed amendments receiving a protest shall not become effective except by a three-fourths (3/4) vote of the full City Council (6 of 7 members). In calculating the percentage of land area under this section, the area of streets and alleys shall be included.
C. 
Written Protest Procedures:
1. 
Form of Protest:
a. 
A protest must be in writing and, at a minimum, contain the following information:
i. 
A description of the zoning case at issue by case number, property legal description, property physical address and/or any manner in which it is clear what zoning case is subject to the protest. The Zoning Case description must appear at the head of each page and the verification must appear at the foot of each page;
ii. 
The names of all persons protesting the proposed change in zoning district classification or boundary;
iii. 
A description of the area of lots or land owned by the protesting parties that is either covered by the proposed change or adjoining the area covered by the proposed change and extending 200 feet from that area, including streets and alleys. Such description may be either the physical address of the property eligible to protest and/or the tax identification number as it appears on the most recently approved city tax roll;
iv. 
The mailing addresses of all persons signing the protest; and
v. 
The date and time of its execution by each signatory.
b. 
The protest must bear the original signatures of all persons required to sign under subparagraph b. [2.] below and acknowledged under subparagraph c. [3.] below.
2. 
Required Signatures:
a. 
A protest must be signed by the owner of the property in question, or by a person authorized by power of attorney to sign the protest on behalf of the owner. In the case of non-community property owned by two or more persons, the signature by any one owner of the property, or by a person authorized by power of attorney to sign the protest on behalf of any one owner, binds the entire property to the protest. In the case of community property, the written protest of one spouse will bind the property in its entirety, provided however, that the land area shall be equally divided if the applicant provides documentation, acknowledged as provided in subparagraph c. [3.], that the other spouse disagrees with said protest.
b. 
In the case of property owned by a corporation, the protest must be signed by the president, a vice-president, or by an attorney-in-fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney-in-fact authorized to sign the protest on behalf of the partnership.
c. 
Lots or land subject to a condominium regime are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium.
d. 
In case of property owned by a federal agency, state agency or other political subdivision, it is up to the governing body of the particular agency to delegate the ministerial act of sign[ing] the protest petition to any person it chooses.
3. 
When signatures must be acknowledged by a notary public:
a. 
Except as otherwise provided in subparagraphs 2 and 3 [b. and c.], all signatures on a written protest, whether by petition or letter, must be acknowledged before a notary public as provided herein. For purposes of this section, the person who obtains the signatures must sign a jurat affirming the witnessing of the signature and the acknowledgment that the signatory represented his/her authority to sign the petition. The notary requirement is fulfilled if the person who obtains the signature signs the jurat swearing to the witnessing of those signatures.
b. 
The City shall be required to forward to the owners entitled to notice hereunder, in addition to the required notice, a reply form for the lodging of protests. A signature on an original reply form sent by the City to the mailing address of the property owner need not be acknowledged.
c. 
A signature on a protest delivered in person by the person signing need not be acknowledged if its reliability is otherwise established to the satisfaction of the City Secretary. In such a case, a summary of the evidence of reliability considered by the City Secretary must be endorsed on the protest by the City Secretary.
4. 
Filing Deadline:
a. 
A written protest must be filed with the City Secretary before 5:00 p.m. Friday immediately preceding the meeting day advertised for the City Council public hearing in the statutory notice published in the official newspaper of the City. For example, a written protest must be received by 5:00 p.m., on the Friday prior to a regularly scheduled Monday Council meeting. A protest sent through the mail must be received by the City Secretary before the deadline.
b. 
Before the public hearing on the case, the filing deadline is automatically extended whenever the public hearing is advertised in the official newspaper of the City pursuant to statutory notice requirements.
c. 
After the public hearing has begun, the filing deadline may only be extended by calling a subsequent public hearing and advertising that public hearing in the official newspaper of the City pursuant to statutory notice requirements or if the item is tabled or continued. In such a case, the new filing deadline is noon of the second working day immediately preceding the newly advertised public hearing date or the date to which the item is tabled or continued.
5. 
Withdrawal of Protests Once Filed: A protest, once filed, remains in effect unless withdrawn in accordance herewith, irrespective of any amendments made to the zoning proposal. Withdrawals of protests filed must be in writing and filed with the City Secretary before the filing deadline. The provisions of this subsection governing the form and filing of protests apply equally to withdrawals.
6. 
Presumptions of Validity:
a. 
In all cases where a protest has been properly signed pursuant to this subsection, the City shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented.
b. 
The presumption in subparagraph 1 [a.] above is rebuttable, and the City Attorney may advise the City Council that a presumption should not be followed in a specific case based on extrinsic evidence presented.
7. 
Conflicting Instruments: In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.
IV.2.3 
Proposal Recommended for Approval.
Every proposal which is recommended favorably by the Commission, whether as requested or with conditions, shall be forwarded to the City Council for setting and holding of public hearing thereon. The public hearing shall only be held after all appropriate and required notifications are met. The City Council may then approve the request, approve it with conditions or disapprove it (i.e., against the Commission’s recommendation) by a simple majority vote of the City Council. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
IV.2.4 
Proposal Recommended for Denial.
When the Commission determines that a proposal should be denied, or the proposal does not receive the required four (4) affirmative votes, it shall so report and recommend to the Council and notify the applicant. The Commission shall offer reasons to the applicant for its recommendation for denial. When a proposed zoning request is heard by the City Council that has not been favorably recommended by the Commission, a three-fourths (3/4) majority vote (6 of 7 members) by the full City Council shall be required for approval. A request which has been denied by the Commission and/or City Council may be resubmitted by the applicant for reconsideration by the City after a period of one (1) year from date of denial unless waived by the City Council. A new application, filing fee and required exhibits must be submitted.
(Ordinance O-03-09, adopted 4/20/09; Ordinance O-18-11, sec. 3, adopted 11/21/11)
IV.3.1 
Written Application.
The aggrieved applicant shall make written grievance for consideration by the Zoning Board of Adjustment using application forms as provided by the City. All grievances shall be accompanied by additional information (i.e., Site Plan, building plans, photographs, topographic contour maps, etc.) as may be requested in order to properly review the matter. All drawings must be to scale.
IV.3.2 
Fee.
The City Council shall adopt a designated fee to be paid by the applicant to cover administrative processing costs, as established in Section I.8 (Fees Established), herein and as may be amended.
IV.3.3 
Jurisdiction.
When, in the Board’s judgment and if in harmony and spirit of this Ordinance, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board may, in specific cases, after written notice to all property owners within two hundred feet (200') of the request and public hearings, and subject to appropriate conditions and safeguards, authorize or order the following:
A. 
Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the Building Official in the enforcement of this ordinance, or in any appeal from a vested rights determination by the City Manager pursuant to this Ordinance.
B. 
Permit the reconstruction, extension, or enlargement of a building occupied by nonconforming uses, on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use.
C. 
Permit such variances of specific items, including but not limited to height, yard area, exterior structure, lot coverage, off-street parking and loading regulations that will not be contrary to the public interest and where, because of special conditions, the enforcement of this Ordinance or its amendments would result in an undue hardship to the property owner. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular Zoning District. No variance may be granted if it results in an undue hardship, as herein defined, on another parcel of land.
D. 
In order to make a finding of undue hardship and to grant a variance, the Board must determine that:
1. 
The requested variance does not violate the intent of the Ordinance or its amendments.
2. 
Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district.
3. 
The hardship is in no way the result of the applicant’s own actions (not self-imposed) and does not generally affect all or most properties in the same zoning district.
4. 
The interpretation of the provisions in this Ordinance and all amending ordinances would deprive the applicant of rights commonly enjoyed by other properties, in the same zoning district, that comply with the same provisions.
E. 
No variance may authorize a use other than those permitted in the district for which the variance is sought. Also, an application or request for variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a Site Plan, Preliminary Plat or Final Plat, when required by this Ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the Planning and Zoning Commission and, where required, by the City Council. The administrative procedures and requirements of this Ordinance, with regard to both Planning and Zoning Commission and City Council consideration and action on zoning requests, Site Plans, Preliminary Plats, and Final Plats must be exhausted prior to requesting a variance from the terms of this Ordinance. The City Council shall not approve a Final Plat until any outstanding appeals have been resolved by the Board of Adjustment.
F. 
It shall be the responsibility of the applicant to establish the necessary facts and burden of proof that an undue hardship exists which justifies a variance.
G. 
No variance may be granted for property subject to a Specific Use Permit (SUP) or a Planned Development (PD). Any amendments, variances or waivers must be as an amendment to the PD or SUP.
IV.3.4 
Appeals to the Zoning Board of Adjustment.
Appeals to the Board of Adjustment can be taken by any person aggrieved by any office, official, board or department of the City in the enforcement of this Ordinance. A notice of appeal, specifying the grounds thereof, shall be taken within fifteen (15) days after the decision has been rendered by filing with the City Secretary with notice provided to the officer from whom the appeal is taken and to the Board. The officer against whom the appeal is taken shall forthwith transmit to the Board all paper[s] constituting the record upon which the action the appeal was taken. The City Manager or his/her designee shall visit the site where the proposed variance, grievance or special exception will apply and the surrounding area, and shall report his/her findings to the Board. An appeal stays all proceedings, both for the City and for the appellant, in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies in writing to the Board 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 Board or by a court of competent jurisdiction or [on] application on notice to the officer from whom the appeal is taken and on due cause shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal within thirty (30) calendar days after the written request (i.e., notice of appeal) was received. The Board 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 may make the correct order, requirement, decision or determination.
IV.3.5 
Action by the Zoning Board of Adjustment.
The Board shall not grant a variance or special exception unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions required for granting a variance or special exception has been satisfied. The Board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this Ordinance.
IV.3.6 
Required Vote to Reverse Administrative Official.
The concurring vote of seventy-five percent (75%) or four (4) members of the Board 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 any such Ordinance, or to effect any variation in such Ordinance.
IV.3.7 
Order Issued.
On any matter properly submitted and considered by the Board, and upon the final vote, the Board shall issue a written Order setting forth the Board’s decision.
IV.3.8 
Waiting Period.
No appeal to the Board for the same or a related variance or special exception on the same piece of property shall be allowed for a waiting period of six (6) months (i.e., 180 calendar days) following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the six-month waiting period, being changed or acted upon by the Board or by the City Council so as to alter the facts and conditions upon which the previous unfavorable Board action was based. Such changes of circumstances shall permit the re-hearing of a variance of [or] special exception request by the Board, but such circumstances shall in no way have any force in law to compel the Board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the special circumstances related to the submit property.
IV.3.9 
Timeliness of Application for Building Permit or Certificate of Occupancy.
Upon a favorable Board action on a variance of special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his/her particular situation, within three (3) months (i.e., 90 calendar days) following the date of Board action, unless the Board specified a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, with the three-month time frame, then the variance or special exception shall be deemed to have been waived, and all rights thereunder shall be terminated. Such termination and waiver shall be without prejudice to the subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.
IV.3.10 
Finality of Decisions; Judicial Review.
All decisions of the Board are final and binding. However, any person or persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer or any officer, department, or Board of this City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court of record within ten (10) days after the filing of the decision in the office of the Board and not thereafter. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only a court of record may reverse, affirm or modify a decision of the Board.
IV.4.1 
Final Approval and Ordinance Adoption.
Upon approval of the zoning request (and Concept Plan in the case of a PD or SUP request) by the City Council, the Applicant shall submit all related material with revisions, if necessary, to the City Manager or his/her designee for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared for adoption until a correct legal description and all required exhibits have been submitted to the City Manager or his/her designee, and the amending ordinance shall not be formally adopted (i.e., effective) until it is adopted by the City Council, signed by the Mayor, and attested by the City Secretary. If all necessary materials and information are not received in a timely manner, and if the amending ordinance has not been adopted within six (6) months (i.e., 180 calendar days) following City Council action on the zoning request, then the City Council may, at its option, recall the request for a new public hearing and reconsideration.
IV.4.2 
Administration and Enforcement.
The City Manager shall designate a qualified member of the staff, such as the City’s Building Official, to administer and enforce the provisions of this Ordinance. If such designated official finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this Ordinance are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice may be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The designated city official or his/her authorized representative, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this Ordinance.
IV.4.3 
Stop Work Orders.
Whenever any building or construction work is being done contrary to the provisions of this Ordinance, the City official, designated by the City Manager, shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the City to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this Ordinance, in accordance with Article XX, Section 4 (Penalties and Remedies for Violations), and may incur penalties for such violation.