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The board of adjustment is a five-member board appointed by the city council to hear requests for variances to the city zoning ordinance (i.e., setbacks, height, lot coverage, building materials and fence height and location) or to determine if a city official has made an error regarding a zoning requirement. All members are residents of Mount Pleasant. The board of adjustment meets on the second Monday of the month at 5:45 p.m. as needed, in the city council chambers of city hall, located at 501 N. Madison Avenue. On occasion, meeting times and dates may change due to holidays and other special circumstances. Please call the planning department to verify meeting
dates and times.
Board of Adjustment Responsibilities
The board of adjustment receives its authority from the state. The board is a quasi-judicial board. It is not a legislative body with the authority to amend ordinances or create new laws. However, state law allows the board to do the following:
1. Grant Variances
The board conducts hearings on matters dealing with the city's zoning ordinance and determines if strict compliance with the ordinance, such as application of setback, height, or area regulations would create an unnecessary hardship on the owner of a particular piece of property. When determining whether or not a hardship exists, the board must be assured that the hardship:
a. Is not self-imposed;
b. Is unique to the property (size, shape, topography of the lot or tract);
c. Is not financial in nature; and
d. Does not simply preclude development for the "highest and best use" of the land.
In addition, the board also considers whether the variance will comply with the spirit and intent of the ordinance. In order for a variance to be granted, all four (4) items (a through d above) must apply. If any of the items do not apply, the board can not grant a variance.
2. Decide Appeals
The board also has the authority to hear and decide appeals where it is alleged that there is an error in an order, requirement, decision or determination made by any administrative official of the city in the enforcement of the city's subdivision or zoning code. Such appeals must be filed within fifteen (15) days of the rendering of the decision by the administrative official.
Decisions made by the board cannot be overturned by any official or other body within the city. Even the city council does not have the authority to overturn a decision rendered by the board. Any appeal must be heard by a District Court of the State of Texas.
Procedure For Requesting a Variance
- Contact the Planning Department.
Schedule a meeting with the planning department to discuss the appropriate variance(s) requested.
- Application and Fee
Submit an application for variance
(see on-line forms) and the $250.00 application fee (non-refundable) to the planning department. The property owner must sign the application. If the applicant is not the owner, a notarized document showing authority to request the variance must accompany the application. A site plan of the lot showing all property lines as well as a depiction of the requested variance must also accompany the application.
- Public Notification and Notification of Surrounding
Property Owners.
a. Public notification - Notice of the public hearing before the board of adjustment will be published one time in the local newspaper 15 days prior to the public hearing date.
b. Notification of surrounding property owners - 15 days prior to the public hearing before the board of adjustment written notices are sent to all property owners within 200 feet of the property in question.
- Public Hearing before the Board of Adjustment
The board of adjustment will consider the variance request at a scheduled meeting. Anyone interested may speak for or against the request during the public hearing. The board of adjustment reviews the case and may approve, approve with amendments, table, or deny the variance request. According to state law, no variance can be granted without the concurring vote of at least four (4) members of the board.
- Appeals
The only appeal to a decision rendered by the board of adjustment is to the District Court of the State of Texas. The appeal must be filed with the district court within ten (10) days of the board's decision. State law prohibits the city council from hearing any appeal.
Board of Adjustment Meetings
All meetings are held at 5:45 p.m. in the Council Chambers of City Hall located at 501 N. Madison. Most meetings are held the second Monday of the month except for special meetings as scheduled throughout the year because of special circumstances. Please confirm meeting dates by calling the Planning Department at (903) 575-4137.
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