Sherman City Zoning Code
ARTICLE 14
05 ADMINISTRATIVE AUTHORITY
§ 14.05.001 Director of development services.
(a)
The director of development services shall administer and enforce this chapter.
(b)
If the director of development services finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(c)
All questions of interpretation and enforcement of this chapter shall be presented to the director of development service, who is responsible for such interpretation and enforcement, and his decisions thereon shall be final unless appealed to the board of adjustment pursuant to the procedure described in section 14.06.010 (appeals and the appeal process).
(Ordinance 6555 adopted 12/5/2022)
§ 14.05.002 Planning and zoning commission.
The planning and zoning commission shall have the authority and responsibilities outlined in this chapter and as prescribed by state law and the city charter.
(Ordinance 6555 adopted 12/5/2022)
§ 14.05.003 City council.
The city council may from time to time amend, supplement or change by ordinance the text of this chapter on its own initiative or upon petition for a text amendment.
(Ordinance 6555 adopted 12/5/2022)
§ 14.05.004 Board of adjustment.
(a)
Establishment.
(1)
There is hereby established a board of adjustment.
(2)
All rules and regulations adopted by the board of adjustment shall be reviewed and approved by the city council.
(A)
The rules and regulations shall be consistent with and not in conflict with state law, this chapter, the city charter or other rules and regulations prescribed by the city council.
(3)
The board of adjustment shall function according to the laws of the state, the city charter and the provisions of this chapter.
(b)
Membership.
(1)
The city council shall appoint a board of adjustment of five (5) members from its own body to serve as provided by Texas Local Government Code section 211.008. The two (2) remaining members of the planning and zoning commission shall serve as alternate members of the board of adjustment.
(2)
The chairman of the board of adjustment shall be designated by the planning and zoning commission. The board of adjustment shall select its own vice-chairman, secretary, and acting secretaries and such other officers as it may deem expedient.
(c)
Duties and responsibilities.
(1)
Appeal of an administrative decision.
The board of adjustment is authorized in specific cases to consider appeals from administrative decisions pursuant to section 14.06.010 (appeals and the appeal process).
(2)
Nonconforming use reconstruction, extension or enlargement.
The board of adjustment may permit the reconstruction, extension or enlargement of a structure 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.
(3)
Amortization of a nonconforming use.
The board of adjustment is authorized in specific cases to amortize nonconforming uses pursuant to section 14.01.007(g) (amortization of nonconforming uses).
(4)
Variance.
The board of adjustment is authorized in specific cases to grant a variance from the zoning ordinance terms, standards and criteria pursuant to section 14.06.006 (variance procedures).
(5)
Special exception.
The board of adjustment is authorized in specific cases to grant a special exception from the general zoning ordinance terms, standards and criteria pursuant to section 14.06.007 (special exceptions).
(6)
Reinstatement of nonconforming rights.
The board of adjustment is authorized in specific cases to reinstate nonconforming rights pursuant to section 14.01.007(d)(1)(C) (reinstatement of nonconforming rights).
(d)
Public hearing required.
Before taking action on an application or appeal under subsection (c), the board of adjustment shall hold a public hearing and shall provide the notice of public hearing required by this chapter for a zoning district change under section 14.06.005 (amendments to the zoning ordinance/district and administrative procedures). At the public hearing, the board of adjustment shall consider public comments, the director's recommendation and other applicable information.
(e)
Quorum.
Each case before the board of adjustment must be heard by at least four (4) members.
(f)
Concurring vote required.
The concurring vote of four (4) members of the board of adjustment is necessary for the following:
(1)
Appeal of an administrative decision.
Reverse or affirm an order, requirement, decision, or determination of an administrative official.
(2)
Special exception or nonconforming use decision.
Decide in favor of an applicant on a matter on which the board of adjustment is required to pass under a zoning ordinance.
(3)
Variance decision.
Authorize a variation from the terms of a zoning ordinance.
(g)
Appeal of a board of adjustment decision.
The board of adjustment's decision is final unless appealed to district court within ten (10) days after the board of adjustment's decision is filed in the office of the board. Such appeal must be made in accordance with chapter 211 of the Texas Local Government Code. The board of adjustment's decision is filed in the office of the board when the board votes and makes its decision in open session.
(h)
Power to obligate and finance.
The board of adjustment shall have no power to obligate the city in any manner whatsoever. The board of adjustment's finances shall be handled in the same manner as any division of the city government.
(i)
Ex parte communication.
No member of the board of adjustment shall hold a meeting or communicate with an applicant or member of the public regarding a pending application or appeal outside of a public hearing.
(Ordinance 6555 adopted 12/5/2022)