BC 1990 12 17 - Laserfiche WebLink

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637 mo That the alleged hardships or practical difficulties are unique and singular as regards the property of the person requesting the variance and are not those suffered in common with other property similarly located. Co That the alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this ordinance and include substantially more than mere inconvenience and inability to attain a higher financial return. That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance. Do That the variance is in harmony with and serves the general intent and purpose of this ordinance and the adopted Comprehensive Plan or portion thereof. That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. 8.5-2 Ail of these findings of fact shall be made in the indicated order by the Commission, which is not empowered to grant a variance without an affirmative finding of fact on all five categories above. Each finding of fact shall be supported by substantial evidence in the record of proceeding before the Commission. 8.5-3 The Commission may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this ordinance. 8.6 Application of Conditional Use Power 8.6-1 The Commission in applying the conditional use power shall follow the standards contained in Section 9 as well as its rules of procedure. Before any application for a conditional use shall be approved, the Commission shall make written findings certifying compliance with the specific standards governing each individual conditional use and the General Standards contained in subsection 9.2 are met. The Commission shall make appropriate findings, supported by evidence in its record, on each standard. 8.6-2 The Commission may impose reasonable conditions upon the installation and operation of any conditional use to insure that the public health, safety and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this ordinance. 8.7 Application of Interpretation Power: An appeal from an order, requirement, decision or determination of the Zoning Official shall be decided by the Commission, based upon its findings of fact and to achieve the intent of the Ordinance. In exercising this power, the Board shall act in a prudent manner so that the purposes of the ordinance shall be served. The effect of the decision shall not be to vary the terms of the ordinance nor add to the list of permitted uses in the districts. 8.8 Appeal Stays Further Proceedings: An appeal to the Commission from a decision or determination of the Zoning Official stays all proceedings in furtherance of the decision or determination appealed from, except as provided in 8.9. 8.9 Exceptions to Stay of Action 8.9-1 An appeal to the Cabarrus County Planning and Zoning Commission of a determination or decision of the Zoning Official shall not stay further proceedings in furtherance of the decision or determination appealed from, if the Zoning Official certifies either: