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92 <br /> <br />Section 4-33. Hazard Marking and Lighting <br />Any permit or variance granted may, if such action is deemed <br />advisable to effectuate the purpose of these regulations and be <br />reasonable in the circumstances, be so conditioned as to require the <br />owner of the structure or tree in question to permit the City of <br />Concord, at the owner's expense, to install, operate and maintain <br />thereon such markers and lights as may be necessary to indicate to <br />pilots the presence of an airport hazard. <br /> <br />Section 4-34. Enforcement <br />It shall be the duty of the Concord Regional Aviation Director to <br />administer and enforce these regulations. Applications for permits <br />shall be made to the Aviation Director upon a form furnished by <br />him/her. Applications required by these regulations to be submitted <br />to the Aviation Director shall be promptly considered and granted or <br />denied by him/her. In instances where zoning compliance permits are <br />required, appropriate permits shall be secured from the Aviation <br />Director prior to application for zoning compliance permits. <br />Applications for variances shall be made to the Cabarrus County <br />Zoning Administrator. <br /> <br />Section 4-35. Appeals <br />(1) Any person aggrieved or any taxpayer affected by any decision of <br />the Aviation Director made in his administration of these <br />regulations may appeal to the Planning and Zoning Commission, acting <br />in its capacity as Board of Adjustment. <br /> <br />(2) Ail appeals hereunder must be taken within a reasonable time as <br />provided by the rules of the Planning and Zoning Commission by <br />filing with the Zoning Administrator a notice of appeal specifying <br />the grounds thereof. The Aviation Director shall transmit to the <br />Zoning Administrator the papers constituting the record upon which <br />the action appealed from was taken. <br /> <br />(3) An appeal shall stay on all proceedings in furtherance of the <br />action appealed from unless the Aviation Director certifies to the <br />Planning and Zoning Commission, after the notice of appeal has been <br />filed with it, that by reason of the facts stated in the certificate <br />a stay would, in his opinion, cause imminent peril to life or <br />property. In such case proceedings shall not be stayed except by <br />order of the Planning and Zoning Commission on notice to the Concord <br />Regional Aviation Director, and on due cause shown. <br /> <br />(4) The Planning and Zoning Commission shall fix a reasonable time <br />for hearing appeals, give public notice and due notice to the <br />parties in interest, and decide the same within a reasonable time. <br />Upon the hearing, any party may appear in person or by agent or by <br />attorney. <br /> <br />(5) The Planning and Zoning Commission may, in conformity with the <br />provisions of these regulations, reverse or affirm, in whole or in <br />part, or modify the order, requirement, decision or determination <br />appealed from and may make such order, requirement, decision or <br />determination as may be appropriate under the circumstances. <br /> <br />790.49 Judicial Review - Any person aggrieved, or any taxpayer <br />affected by any decision of the Planning and Zoning Commission (in <br />their capacity as Board of Adjustment), may appeal to Superior Court <br />as specified in the North Carolina General Statutes and in Section <br />1321 of the Zoning Ordinance. <br /> <br />Section 4-36. Penalties <br />Each violation of these regulations or of any regulation, order or <br />ruling promulgated hereunder shall constitute a misdemeanor and be <br />punishable by a fine of not more than $100 or imprisonment for not <br />more than 90 days or both; and each day a violation continues to <br />exist shall constitute a separate offense. <br /> <br /> <br />