(A) Appointment.
(1) There is hereby created by the City Council a board to be known as the Housing Board of Adjustments and Appeals, which shall consist of not less than five members appointed by the City Council.
(2)
The membership, term of office, and officers thereof, shall coincide with, and be the same as, the membership of the Board of Adjustment, as created and established by the Zoning Ordinance for the City of Canton, Texas, § 18.3, passed and approved October 4, 1985.
(B) Meetings. The Board shall meet at regular intervals to be determined by the Chairperson, but shall, in any event, meet within ten days after notice of an appeal has been received. Reasonable notice of the place, time and date of the meeting shall be given all the members of the Board and all interested parties in each case to be heard by the Board. Three members shall constitute a quorum.
(C) Records. All minutes of the Board meetings shall be public records and the Secretary of the Board shall keep all records and perform additional duties as the Board may deem proper.
(D) Duties. The duties of the Housing Board of Adjustments and Appeals shall be:
(1) To consider and determine appeals whenever it is claimed that the true intent and meaning of this code or any of the regulations thereunder have been misconstrued or wrongly interpreted.
(2) To grant, in appropriate cases, where the application of the strict requirements of this code or of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, one or more extensions of time, not to exceed 120 days each, from the date of the decision by the Board. Applications for additional extensions of time shall be heard by the Board. The requests for additional extensions of time shall be filed with the Building Inspector not less than 30 days prior to the expiration of the current extension.
(E) Procedure. The Housing Board of Adjustments and Appeals shall establish its own rules of procedure for accomplishment of its duties and functions, provided that the rules shall not be in conflict with the provisions of this code, and the laws of the state.
(F) Decisions.
(1) All decisions of the Housing Board of Adjustments and Appeals to vary the application of any provision of this code or to modify an order of the Building Inspector shall specify in what manner such variance or modification is made, the conditions upon which it is made, and the reasons therefor.
(2) Every decision shall be in writing and shall indicate the vote upon the decision.
(3) A copy of all decisions shall be promptly filed in the office of the Building Inspector and shall be open to public inspection.
(4) The Secretary shall notify the appellant in writing of the final action of the Board.
(Ord. 91-5, passed 4-16-1991)