Sherman City Zoning Code

Occupancy and use of a building hereafter erected or structurally altered;

Change in use of an existing building to a use of a different classification;

Change in ownership or change in lessee for a non-residential use.

Occupancy and use of vacant land, except agricultural use;

Change in the use of land to a use of a difference classification;

Any change in the use of a nonconforming use; and

Any use in existence with an annexation request.

The use of vacant land;

For a change in the use of land or a building; or

For a change in a nonconforming use to a conforming use.

Site plan:

Landscaping Plan compliant with section 14.04.006:

Building Elevations Plan compliant with section 14.04.007:

Temporary use permits.

Additions to existing buildings under one thousand (1,000) square feet.

Zoning exhibits associated with zone change requests.

It is recommended that the applicant meet with an authorized representative of the development services department to allow the applicant to learn the general procedures for approval, and to review the general plan of the proposed development, but the development/project shall not be discussed in sufficient detail to provide the city with fair notice of the project.

No applications may be submitted to or accepted for filing with representatives of the development services department during the meeting.

The director of development services shall publish schedules of the official development review processing dates as follows:

Every application shall be accompanied by the prescribed fees set forth in the city's fee schedule, as approved by city council and as may be amended from time to time. The prescribed fee is not refundable.

An application shall not be deemed complete, nor shall it be approved, if there are delinquent city taxes on the subject property.

If the modification is for revisions requested by the city, and the modification is received at least fourteen (14) calendar days prior to the time scheduled for decision on the application, the application shall be decided within the original period for decision (from the original official filing date) prescribed by this zoning ordinance.

Any other modifications to an application will not be accepted.

An application required under this zoning ordinance may be initiated only by the owner of the land subject to the application, or by the owner's duly authorized representative. If the applicant is a representative of the property owner, the application shall include a written and notarized statement from the property owner, such as a duly executed "power of attorney," authorizing the representative to file the application on the owner's behalf.

The procedures within this section shall apply to all applications that are required by the city and submitted in accordance with this zoning ordinance.

Every application shall be subject to a determination of completeness by the responsible official for processing the application. An application must be complete in order to be accepted for review by the city.

The authority responsible for approving site plans must approve a site plan that satisfies the requirements of this chapter and other applicable law.

The planning and zoning commission or city council may order the consideration of any changes or amendments to this chapter.

Any zoning district boundary amendment may be ordered for consideration by the:

Each applicant for zoning or for an amendment or change to the existing provisions of this chapter shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.

All applications received on a date other than during the development services schedule dates will not be accepted.

Applications must be complete for acceptance, subject to the requirements included in the development application checklist.

To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for zoning applications and update, modify such requirements as deemed necessary.

Upon periodic review, the development services staff shall have the authority to update such requirements for zoning application details.

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 tenth (10th) calendar day before the hearing date before the planning and zoning commission, 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 city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.

Notice of the city council public hearing shall be given by publication in the official newspaper of the city, stating the time and place of such public hearing, a minimum of fifteen (15) calendar days prior to the date of the public hearing.

Property notification signs. Upon the filing of an application to amend the zoning of a tract of land or property under this section, the applicant shall place properly notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed amendment. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the later of (i) city council' s adoption of the ordinance that rezones the property; (ii) the planning and zoning commission's denial of the request, unless an appeal to the city council is made; or (iii) the city council's denial of the request or any appeal. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.

Notice of public hearings on proposed changes in the text of this chapter shall be accomplished by one publication not less than (15) calendar days prior to both the planning and zoning commission and city council meetings thereto in the official newspaper of the city.

Changes in the ordinance text that do not change zoning district boundaries do not require written notification to individual property owners.

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 that 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.

The impact on the environment regarding the floodplain, riparian areas, topography, and vegetation.

Whether the request is consistent with the comprehensive plan and other master plans.

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

Findings of a traffic impact analysis (TIA), if required.

Every proposal which is recommended for approval by the planning and zoning commission shall be automatically forwarded to the city council for setting and holding of public hearing thereon or as amended by the city charter.

No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

The following requirements apply to documented protests of a proposed change to a regulation or boundary in accordance with section 211.006(d) of the Texas Local Government Code:

If a documented protest, as defined in subsection (e)(3)(A) above, has been filed with the director of development services, then such proposed change shall not become effective except by the affirmative vote of three-fourths (3/4) of all members of the city council.

The city council may deny any request with prejudice.

If a request has been denied with prejudice, the same or similar request may not be resubmitted to the city for twelve (12) months from the original date of denial.

Approval of any zoning change or amendment by the city council at the scheduled public hearing shall constitute instruction to city staff to prepare the appropriate ordinance for final formal passage at a subsequent time.

If finally approved by the required number of votes, the ordinance shall be executed by the mayor.

The ordinance shall become effective from and after its adoption and publication as required by law and the city charter.

Height;

Yard;

Lot area;

Exterior structure;

Lot coverage;

Off-street parking; and

Loading requirements.

The requested variance is not contrary to the public interest; and

The requested variance does not violate the intent of the zoning ordinance, as amended; and

The requested variance allows the spirit of the zoning ordinance to be observed and substantial justice done; and

The requested variance would not cause injury to or restrict development on any other parcel of land; and

The requested variance is not needed merely to promote economic gain or to prevent economic loss; and

A literal enforcement of the zoning ordinance would result in an unnecessary hardship. An unnecessary hardship only exists when a variance is needed to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning; and

The unnecessary hardship, if any, is neither self-created nor personal to the owner of the parcel of land.

Each applicant for a variance request shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.

All applications received on a date other than during the development services schedule dates will not be accepted.

Applications must be complete for acceptance, subject to the requirements included in the development application checklist.

To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for variance applications and update, modify such requirements as deemed necessary.

Upon periodic review, the development services staff shall have the authority to update such requirements for variance application details.

An application or request for a 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 chapter or the subdivision 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 the zoning ordinance, and any amendments thereto, with regard to both the planning and zoning commission and city council consideration and action, on site plans, preliminary plats, and final plats, must be exhausted prior to requesting a variance.

The board of adjustment shall hold a public hearing for each variance application and shall provide the notice and public hearing required by this article.

At the public hearing, the board of adjustment shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions or deny the variance application.

Before the tenth (10th) calendar day before the public hearing date, written notice of each public hearing before the board of adjustment on a variance request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.

Property notification signs. Upon the filing of an application for a variance under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed variance. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the approval or denial of the request by the board of adjustment. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.

The requested special exception is not contrary to the public interest; and

The requested special exception does not violate the intent of this chapter; and

The requested special exception allows the spirit of this chapter to be observed and substantial justice done; and

The requested special exception would not cause injury to or restrict development on any other parcel of land.

Each applicant for a special exception request shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.

All applications received on a date other than during the development services schedule dates will not be accepted.

Applications must be complete for acceptance, subject to the requirements included in the development application checklist.

To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for special exception applications and update, modify such requirements as deemed necessary.

Upon periodic review, the development services staff shall have the authority to update such requirements for special exception application details.

The board of adjustment shall hold a public hearing for each special exception applicant and shall provide the notice and public hearing required by this article.

At the public hearing, the board of adjustment shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions, or deny the special exception application.

Before the tenth (10th) calendar day before the hearing date, written notice of each public hearing before the board of adjustment on a special exception request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.

Property notification signs. Upon the filing of an application for a special exception under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed special exception. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the approval or denial of the request by the board of adjustment. The director of development services is authorized to establish additional criteria for the required number, placement. size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.

The requested TUP is not contrary to the public interest; and

The requested TUP does not violate the intent of this chapter; and

The requested TUP allows the spirit of this chapter to be observed and substantial justice done; and

The requested TUP would not cause injury to or restrict development on any other parcel of land.

Each applicant for a TUP request shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.

All applications received on a date other than during the development services schedule dates will not be accepted.

Applications must be complete for acceptance, subject to the requirements included in the development application checklist.

To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for TUP applications and update, modify such requirements as deemed necessary.

Upon periodic review, the development services staff shall have the authority to update such requirements for TUP application details.

TUPs may be granted for a time period between two weeks and six months with the exception of a temporary concrete batching plant, which shall follow the requirements in section 14.10.001(d)[11].

The planning and zoning commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular use, as they deem necessary for the protection of adjacent properties, and the public interest.

The planning and zoning commission shall hold a public hearing for each TUP application and shall provide the notice and public hearing required by this ordinance.

At the public hearing, the planning and zoning commission shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions, or deny the TUP application.

Before the tenth (10th) calendar day before the public hearing date, written notice of each public hearing before the planning and zoning commission on a TUP request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.

Property notification signs. Upon the filing of an application for a TUP under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed TUP. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the approval or denial of the request by the planning and zoning commission. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.

The city council and the planning and zoning commission, in considering any request for specific use permit, shall only approve such request after they have determined that the use or uses allowed will not be detrimental to the adjacent properties or to the city as a whole.

The city council may grant, in specific cases, an SUP only where an SUP is permitted for the proposed use and in the applicable zoning district as indicated in the use chart set forth in article 14.10 (use chart). The city council shall grant an SUP in a duly adopted ordinance.

A SUP is an amendment to the district regulations of the zoning ordinance that permits the establishment of a specific use within a zoning district in which such specific use may be established unless such use of land or structure is discontinue or abandoned for a period of thirty (30) consecutive days in which event such specific use permit shall be void and such use may not thereafter be resumed unless a new SUP is granted in accordance with this section.

A building, premises or land use requiring an SUP shall not be hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the regulations in this section.

The director, city council and the planning and zoning commission may require from the applicant any plans, information, operational data, and expert evaluation concerning the location, function, and characteristics of the proposed use or buildings. The city council when establishing a specific use permit, and the planning and zoning commission when making a recommendation concerning a specific use permit, shall establish conditions and regulations, in addition to those of the base zoning district, necessary to protect the health, safety, morals, and general welfare of the neighborhood and/or the city. In addition, the use shall be in general conformance with the comprehensive plan and general objectives of the city. These conditions may include but are not limited to:

The requested SUP is not contrary to the public interest; and

The requested SUP does not violate the intent of this chapter; and

The requested SUP allows the spirit of this chapter to be observed and substantial justice done; and

The requested SUP does not violate the intent of the comprehensive plan; and

The requested SUP would not cause injury to or restrict development on any other parcel of land.

Each applicant for an SUP shall submit a zoning application to the director of development services on an official development services schedule date and shall be accompanied by payment of the appropriate fee as established by the city.

All applications received on a date other than during the development services schedule dates will not be accepted.

Applications must be complete for acceptance, subject to the requirements included in the development application checklist.

Application for a specific use permit may be submitted by an applicant with approval from the property owner.

To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for SUP applications and update, modify such requirements as deemed necessary.

Upon periodic review, the development services staff shall have the authority to update such requirements for SUP application details.

The city council and the planning and zoning commission shall hold a public hearing for each SUP application and shall provide the notice and public hearing required by this section.

At the public hearing, the city council and the planning and zoning commission shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions or deny the SUP application.

Before the tenth (10th) calendar day before the hearing date, written notice of each public hearing before the planning and zoning commission on an SUP request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.

Property notification signs. Upon the filing of an application for an SUP under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed SUP. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the later of (i) city council's adoption of the ordinance that grants the SUP; (ii) the planning and zoning commission's denial of the request, unless an appeal to the city council is made; or (iii) the city council's denial of the request or any appeal. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.

There is a violation and conviction of any of the provisions of this ordinance or any ordinance of the city that occurs on the property for which the specific use permit is granted;

The building, premises, or land uses under a specific use permit is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate specific use permit for such enlargement, modification, structural alteration, or change;

Violation of any provision of the terms or conditions of a specific use permit;

Ad valorem taxes on the property are delinquent by more than six (6) months;

The specific use permit was obtained by fraud or with deception; or

The advertisement of a zoning change or specific use permit shall be initiated by staff upon receipt of applicant's written response to staff's recommendation. The response shall indicate whether the applicant agrees or disagrees with the staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.

The board of adjustment 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 chapter or section 211.007 of the Texas Local Government Code.

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.

The applicant, director of development services or four (4) members of the city council may appeal the decision regarding a site plan by submitting a written notice of appeal to the director of development services.

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.

The city council may affirm, modify or reverse the decision of the planning and zoning commission.

When the planning and 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 development services staff shall 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.

Upon denial of a proposed zoning amendment, supplement or change by the planning and zoning commission, the applicant may, upon his own motion within fourteen (14) calendar days, file with the director of development services 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.

The applicant shall be responsible for the costs of re-notification, including postage.

The affirmative vote of at least three-fourths (3/4ths) of all the members of the city council is required to overrule a recommendation of the planning and zoning commission that a proposed zoning amendment, supplement, or change be denied.

The city shall not take action on a property where city taxes are delinquent.

In case an application for a proposed zoning amendment, supplement or change is denied by the city council, said application shall not be eligible for reconsideration for twelve (12) months subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission to be eligible for consideration, within twelve (12) months of the denial of the original application.