Building Inspections Department
221 N. Tennessee Street ● McKinney, Texas 75069 ● Tel: 972-547-7400 ● Fax 972-547-2605
Website: www.mckinneytexas.org
Updated: 10/30/2020
3. authorize a variation (or variance) from the terms of a zoning ordinance. Any request not approved by affirmative vote of
four or more members shall be considered denied. The board shall adopt from time to time such additional rules and
regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the
same to the chief building official, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions
and orders shall be in accordance therewith.
(2) Appeals.
a. Procedure. Appeals may be taken from an administrative officer's decision and may be taken to and before the board of
adjustment by any person aggrieved by the decision, or by any officer, department, board, or bureau of the city affected by
the decision. The appellant must file with the board and the official from whom the appeal is taken a notice of appeal
specifying the grounds for the appeal. The appeal must be filed not later than the 20
the
day after the date the decision is
made. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the
papers constituting the record of the action that is appealed.
b. Stay of proceedings. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from
whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause
imminent peril to life or property. In that case, the proceedings may be stayed only be a restraining order granted by the
board or a court of record on application, after notice to the official, if due cause is shown.
c. Notice of hearing on appeal. The board shall fix a reasonable time for the hearing of the appeal or other matters referred
to it, shall give public notice of the hearing, and shall mail notices of such hearing to the petitioner and to the owners of
property lying within 200 feet or less of any point of the lot or portion thereof on which a variance is desired, and to all other
persons deemed by the board to be effected thereby, such owners and persons being determined according to the current
tax rolls of the city. Depositing of such written notice in the mail, postage-paid, shall be deemed sufficient compliance
therewith.
d. Decision by board. The board shall decide the appeal within a reasonable time, not later than the next meeting for which
notice can be provided following the hearing and not later than the 60
th
day after the date the appeal is filed. Upon the
hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm, in whole or in part, or
may modify the order, requirement, decision, or determination from which an appeal is taken and make such order,
requirement, decision, or determination as in its opinion ought to be made, and to that end, shall have the same authority
as the administrative official.
(3) Powers and duties of board.
a. Subpoena witnesses, etc. The board shall have the power to subpoena witnesses and records, administer oaths, and punish
for contempt, and may require the production of documents, under such regulations as it may establish.
b. Appeals based on error. The board shall have the power to hear and decide appeals where it is alleged there is error in
any order, requirements, decision or determination made by the chief building official in the enforcement of this chapter.
c. Special exceptions. The board shall have the power to hear and decide special exceptions to the terms of this chapter upon
which the board is required to pass as follows or elsewhere in this chapter:
1. To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance
with the master plan and present no conflict or nuisance to adjacent properties;
2. To permit a public utility or public service or structure in any district, or a public utility or public service building of a
ground area and of a height otherwise in conflict with the standards provided for in the district in which such public utility
or public service building is permitted to be located, when found reasonably necessary for the public health, convenience,
safety, or general welfare;
3. To grant a permit for the extension of a use, height and/or area regulation into an adjoining zoning district, where the
boundary line of the zoning district divides a lot in a single ownership on the effective date of the ordinance from which this
section is derived;
4. Permit the reconstruction of a nonconforming building, which has been damaged by explosion, fire, act of God, or the
public enemy, to the extent of more than 50 percent of its fair market value, where the board finds some compelling
necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use
is not to continue a monopoly; and
