Gonzales City Zoning Code
ARTICLE 14
900 ZONING DEVELOPMENT REVIEW PROCEDURES
§ 14.901 Zoning Upon Annexation.
(a)
Procedural Steps.
(1)
Proceedings to establish the initial zoning shall follow the same process as a zoning map amendment described in section 14.902, and may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.).
(2)
If initial zoning and annexation occur concurrently, then the initial zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval of the annexation ordinance have occurred, and as a separate and distinct action by the city council.
(b)
Initial Zoning of Newly Annexed Land.
(1)
The city shall perform necessary studies to officially adopt a zoning district for the newly annexed land concurrent with the effective date of the annexation ordinance. This zoning shall be deemed the initial zoning of the newly annexed property.
(c)
Zoning Notice.
The initial zoning of a land parcel, whether by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in section 14.903, Public Hearings and Notification Requirements for Zoning Related Applications, and all other applicable state laws.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.902 Zoning Text and Map Amendments.
(a)
Process Requirements.
(1)
Zoning Amendments Require City Council Approval.
The city council may, from time to time, amend, supplement or change by ordinance, the boundaries of the districts (i.e., zoning map amendment (rezoning)) or the regulations herein established (i.e., zoning text amendment) as provided by the statutes of the State of Texas.
(2)
Planning and Zoning Commission Recommendation Required for All Amendments.
Before taking action on any proposed amendment the city council shall submit the same to the planning and zoning commission for its recommendation and report.
(3)
Petitions Submitted to the City Council.
(A)
Any person or corporation having a proprietary interest in any property may petition the city council for a change or amendment to the zoning provisions of this zoning ordinance; or
(B)
The planning and zoning commission may, on its own motion or on request from the city council, study and propose zoning changes and amendments for the city council’s consideration.
(b)
Two Types of Zoning Amendments.
(1)
Zoning Map Amendment (Rezoning).
A zoning map amendment (rezoning) is a change or modification to the boundaries of any zoning district within the city’s official zoning district map.
(2)
Zoning Text Amendment.
A zoning text amendment is the change of the text within this zoning ordinance and does not include change or modification to the boundaries of any zoning districts.
(c)
Planning and Zoning Commission Recommendation Requires Public Hearing.
(1)
The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the city council.
(2)
In the case of a zoning map amendment (rezoning):
(A)
Written notice of all public hearings before the planning and zoning commission on a proposed amendment or change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested.
(i)
Such notice shall be given not less than ten (10) days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll or county tax roll for the area affected.
(B)
Consistency between a zoning map amendment (rezoning) and the comprehensive plan shall be required.
(d)
Consistency Between a Zoning Map Amendment (Rezoning) and the Comprehensive Plan.
(1)
Consistency Rule.
A zoning map amendment (rezoning) shall be consistent with the comprehensive plan.
(2)
Cases Requiring a Comprehensive Plan Amendment Prior to Rezoning Approval.
(A)
There are cases where the council may wish to approve a rezoning request that is not consistent with the comprehensive plan.
(B)
If this case occurs, the council may amend the comprehensive plan and related maps prior to the approval of the rezoning request.
(C)
This comprehensive plan amendment may occur jointly with the rezoning request, provided the council acts first upon the comprehensive plan amendment.
(e)
City Council Decision and Public Hearing Required.
(1)
A public hearing shall be held by the City Council before adopting any proposed amendment.
(2)
Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official publication (newspaper or a newspaper of general circulation) in the City.
(f)
Three-Fourths City Council Vote Required for Protested Amendments.
If any of the following conditions exist, then amendments shall not become effective except by a three-fourths (3/4) vote of the governing body.
(1)
The planning and zoning commission recommended denial of zoning amendment.
(2)
A protest against such proposed amendment has been filed at least three (3) calendar days before the date of the public hearings with the city secretary by one of the following types of protesters:
(A)
Interior protesters: The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary.
(B)
Exterior protesters: The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment.
Figure 10: Calculation for Exterior Protestors  |
(Ordinance 2021-08 adopted 2/11/21; Ordinance 2022-5 adopted 3/10/22)
§ 14.903 Public Hearings and Notification Requirements for Zoning Related Applications.
(a)
Applications Requiring Public Hearing for Zoning Related Applications.
(b)
Review Bodies and the Associated Public Hearings per Zoning Application Type.
Public hearings shall be conducted for each review body per plan or application type according to the following table.
Table 9.1: Review Bodies and the Associated Public Hearings per Zoning Application Type | |||
|---|---|---|---|
Application Type | City Council | Planning and Zoning Commission | Zoning Board of Adjustment |
Initial zoning of newly annexed land | Hearing | Hearing | |
Zoning map amendment (rezoning) | Hearing | Hearing | |
Zoning text amendment | Hearing | Hearing | |
Specific use permits (SUPs) | Hearing | Hearing | |
Amortization of nonconforming uses | Hearing | ||
Appeal of a city administrative or interpretative decision | Hearing | ||
Zoning variance | Hearing | ||
Zoning special exception | Hearing | ||
(c)
Public Notice Requirements for Public Hearings for Zoning Related Applications.
Listed below are the zoning related applications requiring public notice.
(d)
Required Public Notice for Zoning Related Plans and Applications.
Public notices shall be requireed according to the following table.
Table 9.2: Required Public Notice for Zoning Related Plans and Applications | ||
|---|---|---|
Application Type | Published Notice | Mailed Notice |
Initial Zoning of Newly Annexed Land | Required | Required |
Zoning Map Amendment (Rezoning) | Required | Required |
Zoning Text Amendment | Required | |
Specific Use Permits (SUPs) | Required | Required |
Amortization of Nonconforming Uses | Required | Required |
Appeal of a City Administrative or Interpretative Decision | Required | Required |
Zoning Variance | Required | Required |
Zoning Special Exception | Required | Required |
(e)
Types of Notice.
(1)
“Published Notice” and “Mailed Notice” of Public Hearings for Zoning Changes Involving Real Property.
(A)
Published Notice.
(i)
Notice of the public hearing to occur before the city council shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the fifteenth (15th) calendar day prior to the date of the public hearing.
(B)
Mailed Notice (also referred to as “Written Notice”).
(i)
Written notice of the public hearing before the planning and zoning commission shall be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the tenth (10th) calendar day prior to the date such hearing is held.
(ii)
Said written notice shall be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the regular United States mail.
(iii)
If written notice as required is not sent before the tenth (10th) calendar day prior to the date of the hearing, then the hearing must be delayed until this notice requirement is met. Such notice shall include:
a.
Legal description of the property and the street address or approximate location within the city.
b.
Present zoning classification of the property and the zoning sought by the applicant. If not a rezoning, then the nature or intent of the application shall be described.
c.
The date, time, and place of hearing.
d.
The web site that contains the zoning map and information regarding the rezoning if available;
e.
The phone number where questions may be answered; and
f.
Other information as may be necessary to provide adequate and timely public notice.
(2)
“Published Notice” of Public Hearing for Zoning Changes Involving Regulation Text.
(A)
For requests involving proposed changes to the text of the zoning regulations, notice of the city council public hearing shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the city before the fifteenth (15th) calendar day prior to the date of the public hearing.
(B)
Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve specific real property), and does not change the uses or regulations of a specific zoning district do not require mailed/written notification to individual property owners.
(3)
“Published Notice” and “Mailed Notice” of an Appeal of a City Administrative or Interpretative Decision to the Zoning Board of Adjustment.
(A)
For an appeal of a city administrative or interpretative decision, the zoning board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice by written notice in the mail addressed to all owners of real property located within two hundred feet (200') of the property on which the appeal is made, and by publication of notice of such hearing in the city’s official newspaper.
(B)
Both the written/mailed and published notice shall be given at least ten (10) days prior to the date for the hearing.
(C)
Upon the hearing, any party may appear in person or by attorney or by agent.
(4)
Dual Notification of Planning and Zoning Commission Public Hearing(s) and City Council Public Hearing(s).
The city may, at its option, publish the required zoning change notifications in conformance with chapter 211 of the Texas Local Government Code for public hearings for the planning and zoning commission and the city council at the same time; said notifications must be published fifteen (15) days prior to the planning and zoning commission public hearing and fifteen (15) days prior to the city council public hearing.
(5)
Additional Rules and Procedures Established.
(A)
The city council may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., required plans, plats, etc.) which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s).
(B)
Knowledge of and adherence to such rules and procedures, if so established by the city, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.
(6)
Special Notice.
Pursuant to Texas Local Government Code section 211.007(d), the city council may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the city council and the planning and zoning commission.
(Ordinance 2021-08 adopted 2/11/21; Ordinance 2022-5 adopted 3/10/22)
§ 14.904 Alternative Compliance.
(a)
Purpose and Applicability.
(1)
Purpose.
This section establishes a provision for alternative compliance associated with the review and approval of a development or redevelopment project, including improvements to existing on-site structures or existing site features, as required in section 14.904(a)(2), Applicability, below. The purpose of the alternative compliance process is to ensure that:
(A)
A proposed project is in compliance with this zoning ordinance to the greatest extent appropriate for the improvements being undertaken;
(B)
A proposed project meets requirements that are appropriate for lots or sites and site-specific development or redevelopment challenges by applying a flexible approval procedure;
(C)
A proposed redevelopment or development project enhances the site, and therefore, the overall built environment of the city; and
(D)
The purpose of the alternative compliance process is to allow for different standards that are in agreement with the city’s comprehensive plan and will produce a substantially equivalent effect or enhanced level of results as intended by the original development standards.
(2)
Applicability.
(A)
A request for alternative compliance from certain provisions, as specifically cited within this zoning ordinance, may be submitted for review and approval along with the project’s initial development application (as applicable for the project).
(B)
All alternative compliance requests shall be clearly delineated graphically or in narrative format, as appropriate, on the project’s initial development application, including a reference to the specific section within this zoning ordinance that allows consideration of such alternative standard(s).
(C)
The applicable zoning district standards for a project shall not be reduced or varied using the alternative compliance process unless such standard(s) is specifically cited as qualifying for alternative compliance consideration in its respective section of this zoning ordinance.
(3)
Review and Approval.
The planning and zoning commission shall consider approval of requests for alternative compliance.
(b)
Alternative Compliance Evaluation Criteria.
(1)
The alternative compliance standard(s) being sought shall be in agreement with, and shall promote, the recommendations and policies within the city’s comprehensive plan.
(2)
The proposed standard(s) does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing standards of other requirements.
(3)
The proposed standard(s) do not attempt to modify the land uses allowed in the zoning district in which the subject property is located, nor does the proposed standard(s) attempt to add a land use not normally allowed in the zoning district.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.905 Planned Development Districts (PDDs).
(a)
General.
(1)
Establishment.
An application for a planned development district shall be made to the planning and zoning commission and city council in the same manner that an application for any zoning map amendment (rezoning) is made.
(b)
Planned Development District (PDD) Application Requirements.
(1)
Application Required.
Any request for a PDD shall be accompanied by an application prepared in accordance with the Development Application Handbook.
(2)
Accompanying Applications.
A request for a PDD may be accompanied by an application for amendment to the comprehensive plan. Approval of a PDD shall require all subsequent development applications to be consistent with the approved development regulations.
(c)
Processing of Application and Decision.
An application for a planned development district shall be processed and decided upon in the same manner that an application for any zoning map amendment (rezoning) is made.
(d)
Concept Plan and Development Standards.
(1)
Requirement for Concept Plan.
No PDD district may be established without approval of a concept plan. The concept plan shall be a fully dimensioned map(s) of the land within the proposed PDD, and shall be incorporated as a component part of the PDD district regulations, and shall be construed in conjunction with the authorized uses and development standards set forth in such regulations.
(2)
Requirement for Development Standards.
(A)
No PDD district may be established without approval of an associated development standards document which shall contain at a minimum:
(i)
A description of how the proposed planned development fulfills the ideals, goals, objectives, and/or concepts of the city’s adopted comprehensive plan or any other formally adopted city planning document;
(ii)
The base zoning district(s) to be overlaid, together with the boundaries of the district(s);
(iii)
A description of any development standards or requirements that are different from those in the base zoning district;
(iv)
A description that lists and fully explains the specific modifications of the provisions of the base zoning district which are desired, as well as the purposes of the modifications (i.e., why they are necessary);
(v)
Any additional information or exhibits required to fully describe the regulations and requirements pertaining to the PDD district.
(3)
Consistency Required.
(A)
All development applications within the PDD district shall be consistent with the incorporated concept plan. Failure of a subsequent development application to conform to the approved concept plan for the PDD district shall result in denial of the application, unless the PDD district regulations are first amended through incorporation of a concept plan with which the development application is consistent. The degree of conformity required between the concept plan and subsequent development applications shall be set forth in the adopting ordinance.
(B)
The city manager may waive concept plan and/or development standards requirements in cases where the nature of the PDD is such that a concept plan is not appropriate.
(4)
Incorporation Into the PDD District Ordinance.
The concept plan and development standards document along with any other document or exhibit needed to fully describe the regulations and functions of the PDD district shall be incorporated as part of the ordinance creating the PDD district.
(5)
Subsequent Development Applications.
(A)
Development Applications Authorized.
The development standards for a PDD district shall be applied to the authorized uses through all subsequent development applications, such as a subdivision plat or building permit, as set forth in the adopting ordinance of the PDD.
(B)
Minor Deviations from Approved Concept Plan.
In determining whether development applications are consistent with the concept plan, minor deviations from the concept plan may be approved by the city manager. Unless otherwise specified in the adopting ordinance, minor deviations are limited to the following:
(i)
Corrections in spelling, distances, and other labeling that does not affect the overall development concept.
(ii)
Change in building layout, when shown, that is less than a ten percent (10%) increase in size.
(iii)
Changes in the proposed property lines internal to the PDD as long as the originally approved district boundaries are not altered.
(iv)
Changes in parking layouts as long as the number of required spaces and general original design is maintained.
(C)
Major Deviations from Approved Concept Plan.
All major deviations from the concept plan shall be submitted, processed, and reviewed in the same manner as if the application was for a new PDD district under section 14.905(c).
(6)
Approval Criteria for a Planned Development District.
(A)
Factors.
The following criteria will be used by the city in deciding whether to approve, approve with modifications, or deny a petition for a PDD district:
(i)
The extent to which the land covered by the proposed PDD district fits one or more of the special circumstances warranting a PDD district classification;
(ii)
The extent to which the proposed PDD district furthers the policies of the city’s adopted comprehensive plan (as amended) and other formally adopted city planning documents;
(iii)
The extent to which the proposed PDD district will result in a superior development than could be achieved through conventional zoning classifications;
(iv)
The extent to which the proposed PDD district will resolve or mitigate any compatibility issues with surrounding development;
(v)
The extent to which proposed uses and the configuration of uses depicted in the concept plan are compatible with existing and planned adjoining uses;
(vi)
The extent to which the proposed development is consistent with adopted public facilities plans, including those related to water, wastewater, transportation, drainage and other public facilities; and
(vii)
The extent to which the proposed open space and recreational amenities within the development provide a superior living environment and enhanced recreational opportunities for residents of the district and for the public generally.
(B)
Conditions.
The city council may impose such conditions to the PDD district regulations and concept plan as are necessary to assure that the purpose of the PDD district is implemented.
(7)
Documentation of PD Districts.
(A)
Planned Development Ordinances Approved After Adoption.
All planned development zoning districts approved after adoption of this code section, as may be amended, shall be prefixed by a “PDD” designation and assigned a unique identification number (e.g., PDD-1, PDD-2, PDD-3, and so on), and shall also be shown on the zoning map.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.906 Specific Use Permits (SUPs).
(a)
General.
The uses listed under the various districts within the use chart as specific use permits (SUPs) are so classified because they may have adverse effects or more intensely dominate the area in which they are located than do other uses permitted in the district.
(b)
Specific Use Permit Application Process.
(1)
Procedures for Processing a Specific Use Permit (SUP).
An application for a specific use permit shall be processed in the same manner as a zoning map amendment as described in section 14.902.
(2)
Compatibility Conditions.
(A)
The planning and zoning commission and city council may require conditions and safeguards as necessary to protect adjoining property.
(B)
A use allowed by a specific use permit shall be in general conformance with the comprehensive plan and contain such requirements and safeguards as are necessary to protect adjoining property.
(3)
Required Information.
(A)
Each application shall be accompanied by a site plan and such other information as is required by this zoning ordinance.
(B)
The planning and zoning commission or city council may require additional information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.
(c)
Specific Use Permit Regulations.
(1)
In recommending that a specific use permit for the premises under consideration to be granted, the city council shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall consider the following factors:
(A)
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;
(B)
Adequate means of ingress and egress to public streets or approved access easements and appropriate paving widths of streets, alleys and sidewalks to accommodate traffic generated by the proposed use;
(C)
Provisions for drainage;
(D)
Adequate off-street parking and loading;
(E)
Safety from fire hazard and measures for fire control;
(F)
Protection against negative effects of noise, glare and lighting on the character of the neighborhood, protective screening and open space;
(G)
Heights of structures; and
(H)
Compatibility of buildings and such other measures as will secure and protect the public health, safety, and general welfare.
(2)
In granting a specific use permit, the city council may impose conditions and time limits which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the city manager for use of the building on such property pursuant to such SUP, and such conditions are precedent to granting of the certificate of occupancy.
(d)
Acceptance and Agreed Compliance by the Applicant, Owner and Grantee.
No specific use permit shall be granted unless the applicant of the SUP shall be willing to accept and agree to be bound by and comply with the ordinance adopting the SUP, as well as the attached site plan drawings approved by the city council and shall comply with the minimum requirements provided in the zoning district in which the property is located.
(e)
Specific Use Permit Expiration and Extension.
(1)
Specific Use Permit Expiration.
An SUP shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the SUP.
(2)
Specific Use Permit Extension.
The city council may authorize an extension beyond the six (6) months upon recommendation by the city manager.
(f)
Amendments Required for Changes.
No building, premises, or land used under an SUP may be enlarged, modified, structurally altered, or otherwise significantly changed, unless an amendment to the approved SUP is granted for such enlargement, modifications, structural alteration, or change.
(g)
Prohibition of Zoning Board of Adjustment Action.
The zoning board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such SUP.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.907 Amortization of Nonconforming Uses.
(a)
City Council Initiation of Amortization Case.
Only the city council, by majority vote, may request that the zoning board of adjustment consider establishing a compliance date for a nonconforming use.
(b)
Zoning Board of Adjustment Decision of Amortization Case.
(1)
Per the authorization of city council, the zoning board of adjustment may require the discontinuance of a nonconforming use under any plan whereby the full value of the use’s structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the zoning ordinance.
(2)
All actions to discontinue a nonconforming use shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the nonconforming use and the conservation and preservation of property.
(c)
Public Hearing Process.
Upon receiving a request under section 14.907(a) from the city council, staff shall schedule the first public hearing before the zoning board of adjustment. The zoning board of adjustment may establish a compliance date only after holding two separate public hearings.
(1)
First Public Hearing.
The zoning board of adjustment shall hold a public hearing to determine whether continued operation of the nonconforming use will have a significant adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the zoning board of adjustment determines that continued operation of the nonconforming use will have a significant adverse effect on nearby properties, it shall schedule a second public hearing to establish a compliance date for the nonconforming use; otherwise, it shall not. In determining whether the continued operation will have a significant adverse effect on nearby properties, the zoning board of adjustment shall consider the following factors:
(A)
The character of the surrounding neighborhood.
(B)
The degree of incompatibility of the use with the zoning district in which it is located.
(C)
The manner in which the use is being conducted.
(D)
The hours of operation of the use.
(E)
The extent to which continued operation of the use may threaten public health or safety.
(F)
The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor.
(G)
The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use.
(H)
The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.
(I)
Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.
(J)
To the extent the nonconforming use impacts the value and marketability of the abutting and surrounding properties or neighborhood.
(2)
Second Public Hearing.
(A)
If the board has determined in the first public hearing that the nonconforming use has an adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The board shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner’s actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the board in determining a reasonable amortization period:
(i)
The owner’s capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.
(ii)
Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.
(iii)
Any return on investment since inception of the use, including net income and depreciation.
(iv)
The anticipated annual recovery of investment, including net income and depreciation.
(v)
A reasonable closeout and termination period for the nonconforming use.
(B)
If the board, at the first public hearing, requests financial documentation and/or records from the owner relating to the factors listed directly above, the owner shall provide said documents and/or records at least thirty (30) days before the second public hearing. If the owner does not provide said documentation, the board is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the board from setting a compliance date.
(d)
Ceasing Operations.
If the board establishes a compliance date for a nonconforming use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use.
(e)
Definitions.
For purposes of this section, “owner” means the owner of the nonconforming use at the time of the board’s determination of a compliance date for the nonconforming use.
(f)
Finality of Decisions.
(1)
Decisions that Cannot be Immediately Appealed.
A decision by the board that the continued operation of a nonconforming use will have a significant adverse effect on neighboring property and the board’s decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed.
(2)
Decision to Deny a Request to Establish a Compliance Date.
A decision by the board to deny a request to establish a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with chapter 211 of the Local Government Code.
(3)
Decision Setting a Compliance Date.
A decision by the board setting a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with chapter 211 of the Local Government Code.
(Ordinance 2021-08 adopted 2/11/21)