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<br />May 23, 2005 - Regular Meeting <br /> <br />Page <br /> <br />194 <br /> <br />(1) Hear and decide variance applications as specified in Section <br />12-20 below. <br /> <br />(2) Hear and decide conditional use applications as specified in <br />Section 12-21 below. <br /> <br />(3) Hear and decide appeals when it is alleged there is an error <br />in any order, requirement, decisions, interpretation, grant, or <br />refusal made by the Zoning Administrator as specified in Section <br />12-22. <br /> <br />(4) Hear and decide a change of one nonconforming use to another. <br />The Board shall permit a change in use only if the new use is <br />equally or more compatible with the area and the permitted uses in <br />the district in which it is located as a nonconforming use. <br />Application for a change of nonconforming use shall follow the <br />standards established in Chapter Eight. <br /> <br />(5) Perform any other duties assigned by the Cabarrus County Board <br />of Commissioners as authorized in General Statute 153A-345. <br /> <br />Section 12-18. Planning and Zoning Commission administration. <br /> <br />1) The Commission shall adopt rules of procedures and regulations for the <br />conduct Of its affairs. <br /> <br />2) The Commission shall elect a chairman and vice-chairman in accordance <br />with its rules of procedure. The Planning and Zoning Director shall appoint <br />a secretary for the Board of Adjustment. <br /> <br />3) All meetings of the Commission shall be open to the public. <br /> <br />4) The Commission shall keep a record of its meetings, including the vote of <br />each member on every question, a complete summary of the evidence submitted <br />to it, documents submitted to it and all official actions, <br /> <br />5) When required by North Carolina General Statutes the Commission shall <br />give notice of matters coming before it by causing a public notice to be <br />placed in a newspaper of general circulation in the county and or place the <br />notice on the Cabarrus County web site. <br /> <br />6) The person acting as Chairman of the Commission or the hearing officer is <br />authorized to administer oaths to any witnesses in any matter corning before <br />the Board. <br /> <br />7) Applications for conditional use approvals, applications for variances, <br />change of nonconforming use, and appeals for review of decisions of the <br />Zoning Administrator shall be filed with the Zoning Administrator as agent <br />for the Board. Applications and appeals shall be submitted on forms provided <br />by the Zoning Administrator. <br /> <br />8) It shall be the responsibility of the Zoning Administrator to notify the <br />applicant or appellate to the application or appeal of the disposition which <br />the Commission made of this matter. This notice shall be made by certified <br />mail. <br /> <br />9) It shall be the responsibility of the Zoning Administrator to issue <br />permits in accord with the Commission action on an appeal or application, if <br />a permit is authorized by the Board action. <br /> <br />10) The Zoning Administrator shall see to the faithful execution of all <br />portions of the Commission actions, including the enforcement of all <br />conditions which may have been attached to the granting of a variance or <br />approval of a conditional use. <br /> <br />Section 12-19. Quorum and vote required. <br /> <br />1) A quorum of the Commission, necessary to conduct any business of the <br />Board shall consist of five members. <br /> <br />2) The concurring vote of at least eighty percent of the members of the <br />Commission shall be necessary in order: <br /> <br />A. to reverse any order, requirement, decision or determination of the <br />Zoning Administrator; <br />