Laserfiche WebLink
<br />+ Chapter Twelve Administration and Enforcement <br /> <br />C. to effect any variation in this Ordinance; <br /> <br />D. to approve a change in nonconforming use. <br /> <br />3) A simple majority vote of those present shall be necessary to conduct routine <br />business of the Commission and to deny applications and appeals. <br /> <br />Section 12-20. Application of the variance power. <br /> <br />1) A variance may only be allowed by the Cabarrus County Planning and <br />Zoning C.Ommission incases lnvolvlng practical difficulties or unnece~~ary <br />hardships when substantial evidence in the official record of the application <br />supports all the following findings: <br /> <br />A. That the alleg~d hardships or practical difficulti~s are unique and <br />singular as regards the property of the person requesting the variance <br />and are not those suffered in common with other property similarly <br />located. <br /> <br />B. That the alleged hardships and practical difficulties, which will result <br />from failure to grant the variance, extend to the inability to use the land <br />in question for any use in conformity with the provision of this ordinance <br />and include substantially more than mere inconvenience and inability to <br />attain a higher financial return. <br /> <br />C. That the variance, if allowed, will not substantially interfere with or <br />injure the rights 'of others whose property would be affected by <br />allowance of the vatIance. <br /> <br />G--5 <br /> <br /> <br />D. That the variance is in harmony with and serves the general intent <br />and purpose of this ordinance and the adopted Comprehensive Plan or <br />portion thereof. <br /> <br />E. 111at allowing the variance will result in substantial justice being done, <br />considering both the public benefits intended to be secured by this <br />ordinance and the i{ldividual hardships that will be suffered by a failure <br />of the Board to gran~ a variance. <br /> <br />All of these findings of fact shall be made in the indicated order by the <br />Commission. which is not empowered to grant a variance without an affirmative <br />finding of fact on all five categories above. Each finding of fact shall be supported <br />by substantial evidence in the l"ecord of proceeding before the Commission. <br /> <br />12-11 <br />