Title
Consider/Discuss/Act on an Ordinance Amending Chapter 70 (Offenses and Miscellaneous Provisions), Article V (Noise), Sections 70-121(III) (Permits of Variance) and 70-121(IV) (Appeals) of the Code of Ordinances by Establishing a Construction Noise Variance Process and Modifying the Appeal Process; and Amending Appendix A (Schedule of Fees), Section 70-122 (Permits of Variance) by Modifying the Variance Application Fee
Summary
COUNCIL GOAL: Operational Excellence
(2.2: Continuously provide a high level of customer service to our citizens)
MEETING DATE: October 5, 2026
DEPARTMENT: Development Services
CONTACT: Michael Quint, Executive Director of Development Services
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends the City Council approve the proposed ordinance amending Chapter 70 (Offenses and Miscellaneous Provisions), Article V (Noise), Sections 70-121(III) (Permits of Variance) and 70-121(IV) (Appeals) of the Code of Ordinances and amending Appendix A (Schedule of Fees), Section 70-122 (Permits of Variance).
ITEM SUMMARY:
• Staff is proposing to modify three sections of the Code of Ordinances to establish clear processes for the consideration of noise ordinance variances for construction noise, modify the appeal process for denied noise ordinance variances, and increase the fee for noise ordinance variances. The three sections being modified include:
o Chapter 70 (Offenses and Miscellaneous Provisions), Article V (Noise), Section 70-121(III) (Permits of Variance);
o Chapter 70 (Offenses and Miscellaneous Provisions), Article V (Noise), Section 70-121(IV) (Appeals); and
o Appendix A (Schedule of Fees), Section 70-122 (Permits of Variance).
• Staff has seen an increase in the number of noise ordinance variances recently, and the proposed amendments are intended to offer predictability and transparency in the variance and appeal processes.
• Additionally, the noise ordinance variance application fee is being increased from $25 to $150, consistent with the fee applied to Board of Adjustments variance applications.
BACKGROUND INFORMATION:
• As one of the fastest-growing cities in the state, McKinney experiences a significant amount of construction activity each year. This activity must comply with the city’s noise regulations and allowable construction hours. However, there have been some instances where variances have been sought.
• Since 2019, only 3 construction-related variances have been granted, two of which occurred in the last 8 months. The recent increase in construction-related noise ordinance variance requests has highlighted the need for ordinance amendments. Currently, the Director of Public Safety, Police Chief Ellenburg, considers all noise ordinance variances, but is not actively engaged in the construction and development process. The proposed amendments will allow the Executive Director of Development Services to process construction-related noise variances directly, rather than requiring the Executive Director to seek approval to act as the Director of Public Safety’s designee each time. This change should reduce the processing time for construction-related noise ordinance variances.
• Additionally, the current Noise Ordinance requires the City Manager to hold a hearing upon receiving an appeal of the Director of Public Safety’s action regarding a noise ordinance variance. In many cases, the appeal hearing is unnecessary and only complicates and delays the appeal process. The proposed ordinance amendments will require a hearing only if the appellant requests one after the City Manager uploads a variance denial. This change should clarify and expedite the consideration of appeals, making hearings optional.
• Lastly, the Schedule of Fees is being amended to increase the application fee for noise ordinance variances from $25 to $150. $150 is the application fee that is applied to Board of Adjustment variance requests.
• Staff recommends approval of the proposed amendments to the Noise Ordinance and Schedule of Fees.
FINANCIAL SUMMARY:
• If the proposed ordinance amendments are adopted, the application fee for noise ordinance variances would increase from $25 to $150.
BOARD OR COMMISSION RECOMMENDATION:
• N/A