(A) The Board of Adjustment shall hear all requests for variances or appeals to the decision of the Building Official or to the provisions of the City of Canton Sign Ordinance. Appeals must be filed in a timely manner (within 15 days after the decision of the Building Official or denial of a permit). The Board of Adjustment shall adhere to all local ordinances and State of Texas laws as outlined in the Local Government Code.
(B) All cases shall be heard by a minimum of 75% of the members of the Board of Adjustment. The concurring vote of 75% of the members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Building Official or to decide in favor of the applicant in any matter which the Board is required to act upon under this chapter.
(C) The person requesting the appeal may appear before the Board in person or by agent or attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant a favorable action of the Board on any matter. Any action granting a variance authorizing the issuance of a sign permit shall be valid for only 90 days, if the permit is not secured within 90 days and construction is not commenced in compliance with the Building Code, the Board’s decision shall be null and void without prejudice. No appeal may be made to the Board on the same related action or piece of property prior to six months from the previous ruling by the Board, unless the previous property has been changed or altered so as to alter the facts and conditions upon which the Board action was based.
(D) The Board of Adjustment shall hear and decide appeals where it is alleged there is an error on any order, requirement or decision or determination by the Building Official in enforcement of this chapter.
(E) The Board may authorize such variances where the literal enforcement of the provisions of this Code would result in an unnecessary hardship (the hardship may not be the result of the applicant’s own actions). Economic gain or loss shall never be sufficient grounds for the finding of a hardship or for granting a variance. Variances shall not be granted to permit any person a privilege in placing a sign on a parcel of land not permitted by this Code to other parcels of land in the City of Canton.
(F) The Board may authorize the use of alternative materials, design standards or new methods of construction, where the Board finds the alternative is satisfactory and complies with the provisions of the sign ordinance and finds that the material, design standard or alternative method of construction is at least the equivalent of that prescribed in the ordinance in quality, strength, effectiveness, durability and safety.
(Ord. 2016-22, passed 9-11-2012)