(Ordinance 2021-07-47 adopted 7/6/21)
This section establishes the appeal process for different applicants. All appeals are not processed in the same manner. Appeals are based on an applicant's judgment that the person or body rendering a Zoning Ordinance decision may be incorrect in either the process to reach a decision or in the decision itself.
Appeals and Appeal Process
Section Number
Application
§ 6.19.02.
Appeal of a Commercial Stealth Antenna Decision
§ 6.19.03.
Appeal of a Temporary Building Decision to Council
§ 6.19.04.
Appeal of a Rescinded Shared Parking Agreement Approval
§ 6.19.05.
Appeal of a Temporary Outdoor Lighting Decision
§ 6.19.06.
Appeal of a Residential Cluster Development
§ 6.19.07.
Appeal of an Administrative Decision
§ 5.04.09.
Appeal of a Board of Adjustment Decision
§ 6.19.08.
Appeal of a Preliminary Site Plan
§ 6.19.09.
Appeal of a Site Plan
§ 6.19.10.
Appeal of a SCSP Decision to the Planning & Zoning Commission
§ 6.19.11.
Appeal of a SCSP Decision to the City Council
§ 6.19.12.
Appeal of a Revised PSP or SP Decision
§ 6.19.13.
Appeal of a Planning & Zoning Commission Decision to Deny a Zoning Amendment
§ 6.19.14.
Appeal of a Minor PD Amendment Decision
§ 6.19.15(A)
Initial Appeal of a Facade Plan
§ 6.19.15(B)
Final Appeal of a Facade Plan
§ 6.19.16(A)
Appeal of an Alternative Compliance Standard Decision made by the Director
§ 6.19.16(B)
Appeal of an Alternative Compliance Standard Decision made by the Planning & Zoning Commission
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2025-01-02 adopted 1/7/2025)
(A) 
Initial Appeal of Commercial Stealth Antenna Decision.
(1) 
If the Director denies the application, the applicant or four (4) members of the Planning & Zoning Commission may appeal the Director's decision to the Planning & Zoning Commission by submitting a written notice of appeal to the Director.
(2) 
The appellant must submit said written notice of appeal along with a statement of the specific reasons for the appeal no later than fourteen (14) calendar days from the date of such decision, which shall be forwarded to the Planning & Zoning Commission.
(3) 
The Planning & Zoning Commission shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Director of Development Services.
(4) 
The Planning & Zoning Commission shall review the application for compliance with this Ordinance and standards referenced herein.
(5) 
The Planning & Zoning Commission may affirm, modify, or reverse the decision of the Director based on the standards set forth herein.
(B) 
Final Appeal of Stealth Antenna.
(1) 
The decision of the Planning & Zoning Commission may be appealed to the City Council using the Site Plan appeal procedure outlined in Subsection 6.19.09. Appeal of a Site Plan.
(Ordinance 19-10-82 adopted 10/1/19; Ordinance 2025-01-02 adopted 1/7/2025)
(A) 
The applicant may challenge a decision of the Chief Building Official or Planning & Zoning Commission, by appealing, in writing, to the City Council within fourteen (14) calendar days of a decision of the Chief Building Official or the Planning & Zoning Commission.
(1) 
The City Council's decision is final.
(B) 
Four (4) or more members of City Council may appeal the decision of the Planning & Zoning Commission by submitting a written notice of appeal to the Development Services Department.
(1) 
The City Council shall consider and act on whether it will appeal the Commission's decision no later than fourteen (14) calendar days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later.
(2) 
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(3) 
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(4) 
The City Council may affirm, modify, or reverse the decision of the Planning & Zoning Commission.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
The applicant may appeal the Chief Building Official's decision within ten (10) calendar days after the Chief Building Official's decision, in writing, to the Director for his or her consideration.
(B) 
The applicant may appeal the Director's decision within ten (10) calendar days after the Director's decision, in writing, to the City Council.
(C) 
The City Council's decision shall be final.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Appeal of cluster development.
Upon appeal if the City Council finds that the requirements in 4.10.10. Director Review Criteria are satisfied, it may approve the residential cluster development, subject to any special conditions.
(B) 
Special conditions to residential cluster development.
The City Council may, in its opinion, apply such special conditions to its approval of a residential cluster development as may be required to maintain harmony with neighboring uses and to promote the objectives and purposes of this Ordinance, Subdivision Ordinance, and/or the Comprehensive Plan.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
The Board may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance or Section 211.007, Texas Local Government Code ("the Code") as it exists or may be amended.
(B) 
In exercising the Board's authority herein, 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 make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
The applicant, Director of Development Services, or four (4) members of City Council may appeal the decision of the Planning & Zoning Commission regarding a Preliminary Site Plan by submitting a written notice of appeal to the Development Services Department.
(1) 
The applicant or Director of Development Services must submit said written notice of appeal no later than fourteen (14) calendar days from the date of such decision.
(2) 
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(B) 
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(C) 
The City Council may affirm, modify, or reverse the decision of the Planning & Zoning Commission.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
The applicant, Director, or four (4) members of City Council may appeal the decision regarding a Site Plan by submitting a written notice of appeal to the Director.
(1) 
The applicant or Director must submit said written notice of appeal no later than fourteen (14) calendar days from the date of such decision.
(2) 
The City Council shall consider and act on whether it will appeal the Commission's decision no later than fourteen (14) calendar days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later.
(3) 
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(B) 
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(C) 
The City Council may affirm, modify, or reverse the Site Plan decision.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Disapproval from the Director may be appealed to the Planning & Zoning Commission by the applicant in writing no later than fourteen (14) calendar days from the date of such decision.
(B) 
The Planning & Zoning Commission shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(C) 
The Planning & Zoning Commission may affirm, modify, or reverse the decision of the Director.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
When the Planning & Zoning Commission determines that a proposed zoning amendment, supplement or change should be denied, it shall so report and recommend to the City Council and Planning staff shall notify the applicant.
(B) 
If the proposal is denied by the 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 Commission by simple majority vote.
(C) 
Upon denial of a proposed zoning amendment, supplement, or change by the Planning & Zoning Commission, the applicant may, upon his own motion within fourteen (14) calendar days, file with the Director a written request that a public hearing be scheduled and held before the City Council regarding the application. The applicant's written request for appeal shall state why the appeal is being made and provide all necessary documentation to support the request.
(D) 
The applicant shall be responsible for the costs of re-notification, including postage.
(E) 
A vote of three-fourths (3/4ths) of the members of the City Council is required to overrule a recommendation of the Planning & Zoning Commission that a proposed zoning amendment, supplement, or change be denied. The Mayor shall be entitled to vote when a vote of three-fourths (3/4ths) of the members of the City Council is required under this subsection.
(F) 
The City shall not take action on a property where City taxes are delinquent.
(Ordinance 2020-07-35 adopted 7/7/20; Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Initial appeal of a facade plan.
(1) 
If the Director denies the application, the applicant or two (2) members of the Planning & Zoning Commission may appeal the Director's decision to the Planning & Zoning Commission.
(2) 
The appellant shall submit a written statement requesting the appeal stating specific reasons for the request to the Director within fourteen (14) calendar days of the decision, which shall be forwarded to the Planning & Zoning Commission.
(3) 
The Planning & Zoning Commission shall review facade plan application for compliance with this Ordinance and standards referenced herein.
(4) 
The Planning & Zoning Commission may approve or deny the facade plan application based on compliance or violation of this Ordinance and standards referenced herein.
(B) 
Final appeal of a facade plan.
(1) 
If the Planning & Zoning Commission denies the application, the applicant or two (2) members of the City Council may appeal the Planning & Zoning Commission's decision of the City Council.
(2) 
The appellant shall submit a written statement requesting the appeal stating specific reasons for the request to the Director within fourteen (14) calendar days of the decision, which shall be forwarded to the City Council.
(3) 
The City Council shall review facade plan application for compliance with this Ordinance and standards referenced herein.
(4) 
The City Council may approve or deny the facade plan application based on compliance or violation of this Ordinance or standards referenced herein.
(5) 
The decision of the City Council is final.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Appeal of an alternative compliance standard decision made by the Director.
(1) 
Denial from the Director may be appealed to the Planning & Zoning Commission by the applicant in writing no later than fourteen (14) calendar days from the date of such decision.
(2) 
The Planning & Zoning Commission shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(3) 
The Planning & Zoning Commission may affirm, modify, or reverse the decision of the Director.
(B) 
Appeal of an alternative compliance standard decision made by the Planning & Zoning Commission.
(1) 
The applicant, Director, or four (4) members of City Council may appeal the decision of the Planning & Zoning Commission regarding a Site Plan by submitting a written notice of appeal to the Director.
a. 
The applicant or Director must submit said written notice of appeal no later than fourteen (14) calendar days from the date of such decision.
b. 
The City Council shall consider and act on whether it will appeal the Commission's decision no later than fourteen (14) calendar days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later.
c. 
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(2) 
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(3) 
The City Council may affirm, modify, or reverse the decision of the Planning & Zoning Commission.
(Ordinance 2021-07-47 adopted 7/6/21)