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AG19901217
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AG19901217
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Last modified
3/28/2003 9:14:34 AM
Creation date
11/27/2017 12:06:07 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/17/1990
Board
Board of Commissioners
Meeting Type
Regular
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ordinance and the individual hardships that will be suffered by a failure of <br /> the Board to 9rant a variance. <br /> <br /> 8,5-~ ~ of these findings of fact shall be made tn the indicated order by the <br /> Commission, which is notempowered to grant a variance without an affirmative <br /> finding of fact on all five CategOries above. Bach finding of fact shall be <br /> Supported by Substmltial evidence in the record of proceeding before the <br /> Commission. <br /> <br /> /1. ~-3 The Comm/ssion may impose reasonable condit/ons upon the granting of any <br /> variance to insure that the public health, safety, and general wa!fare shall be <br /> Protected and substantial justice done. Violation of such conditions shall be a <br /> violation of this ordinance. <br /> <br />8.6 A~Vlication of Conditiona~ Use <br /> Power <br /> <br /> 8,6-1 The commission in applying the conditional use power shall follow the <br /> standards contained in section 9 as Well as its rules of procedure. Before any <br /> application for a conditional use shall be approved, the Commissian shall make <br /> w~itten findings certifying compliance with the specific standards gove~ning each <br /> individual conditional use and the ~eneral Standards contained in subsection 9.2 <br /> are met. ~he Conu~ssioll sb/fll.mak.e avnro~riate findinos, s~pported by evidence <br /> in its record, on each standard. <br /> <br /> 8 6-2 The commission may impose reasonable conditions upon the inst~!ation and <br /> operation of any conditional use to insure that the public health, safety and <br /> general welfare shall be protected and substantial justice done. Violation of such <br /> conditions shall be a violation of this ordinance. <br /> <br />8.7 Avvlication of Jntervretation Power: An appeal from an order, requ/rement, <br />decision or determination of the zoning official shall he decided by the Commission, <br />based upon its findings of fact and to achieve the intent of the ordinance. In ~ercising <br />this power, the BO~rd shall act in a p~udent manner so that the purposes of the <br />ordinance shal/be served. The effect of the decision shall ~ot be to vary the terms of <br />th~ o~;dinal~ce nor add to the list of ~ermt~ed uses in the districts, <br /> <br />8.8 hvneal stays Further Proceedinas; An appeal to the Commission from a decision or <br />determination of the Zoning official stays all proceedings in furtherance of the decision <br />or determination appealed from, except as p~ovided in 8.9. <br /> <br />8.9 ~.xcavtions to Stay of/~ction <br /> <br /> 8.~-1 ~n appeal to the cabarrus county Planning and Zoning commission of a <br /> determination or decision of the Zoning official shall not stay further proceedings <br /> in furtherance of the decision or determination appealed from, /f the Zoning <br /> Official certifies either: <br /> <br /> A. that in the opinion of the Zoning Official a itay would cause h-nminent <br /> peril to life and/or p~operty. <br /> B. that the situation appealed f~om is transitory in nature and, therefore <br /> witl~enforcement of the ordinance. <br /> <br /> 8.9-2 In ~ach instance, the Zoninq official shall place in the certificate facts to <br /> support the conclusion. <br /> <br /> <br />
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