Board of Adjustment
- 5:45 p.m.
- Second Mondays
- Council Chambers of City Hall
501 N. Madison
Mount Pleasant, TX 75455
Special meetings may be scheduled throughout the year because of special circumstances. Please confirm meeting dates by calling the Planning Department at 903-575-4137.
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 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:
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:
- Is not self-imposed
- Is unique to the property (size, shape, topography of the lot or tract)
- Is not financial in nature
- 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 of the above items must apply. If any of the items do not apply, the board can not grant a variance.
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