Variances and appeals in Celina, TX

Establishing or amending a Planned Development follows the Zoning Change Process (Sec. 14.01.303) rather than the Board of Adjustment variance process. Once established, a PD may amend the zoning within an individual tract without reconsidering the entire PD acreage (Sec. 14.02.501(d)).

Only the Board of Adjustment may grant a variance from the Zoning Ordinance or Subdivision Ordinance (Sec. 14.01.202(f)(1)). The applicant must show in a written application that special conditions peculiar to the property exist, were not self-created, that a literal reading would deny rights enjoyed by other similarly situated properties, and that granting the variance confers no special privilege (Sec. 14.01.202(f)(1)(i)-(iv)). A public hearing is required with 10 days' notice; the Board must find all requirements met, that the variance is the minimum necessary, and that it is in harmony with the ordinance's intent (Sec. 14.01.202(f)(3)-(7)). The Board may not grant a variance to allow a use not otherwise permissible in the district (Sec. 14.01.202(f)(9)). Decisions may be appealed to District or County Court (Sec. 14.01.202(g)). Separately, Article 14.05 (adopted by Ordinance 2019-36, implementing state law) sets who may appeal a Board decision on an administrative official's ruling made on or after September 1, 2019: for a decision not tied to a specific application, address, or project, any aggrieved person or affected city officer, department, board, or bureau may appeal; for a decision tied to a specific application, address, or project, the applicant, the property owner or their representative, an aggrieved owner of property within 200 feet, or an affected city officer, department, board, or bureau may appeal (Sec. 14.05.006(2)).