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05/12/2005 24 <br />an order of the governing body following an appeal, he or she shall be guilty of a Class 3 <br />misdemeanor and shall be punished in the discretion of the court. <br />(Ord. of 8 -28 -1995, § 4.4, eff. 8 -28 -1995) <br />Sec. 42 -71. Variance procedures. <br />1. The Board of Adjustment as established by Orange County, hereinafter referred to as the <br />"appeal board ", shall hear and decide requests for variances from the requirements of this <br />Ordinance. <br />2. Any person aggrieved by the decision of the appeal board er- any tcpayef may appeal such <br />decision to the Court within thirty (30) business days, as provided in Chapter 7A of the <br />North Carolina General Statutes. <br />3. Variances may be issued for the repair or rehabilitation of historic structures upon the <br />determination that the proposed repair or rehabilitation will not preclude the structure's <br />continued designation as a historic structure and the variance is the minimum necessary to <br />preserve the historic character and design of the structure . <br />4. In passing upon such variances, the appeal board shall consider all technical evaluations, all <br />relevant factors, all standards specified in other sections of this Ordinance, and: <br />a. The danger that materials may be swept onto other lands to the injury of others; <br />b. The danger to life and property due to flooding or erosion damage; <br />c. The susceptibility of the proposed facility and its contents to flood damage and the effect <br />of such damage on the individual owner; <br />d. The importance of the services provided by the proposed facility to the Orange County; <br />e. The necessity to the facility of a waterfront location, where applicable; <br />f. The availability of alternative locations, not subject to flooding or erosion damage, for <br />the proposed use; <br />g. The compatibility of the proposed use with existing and anticipated development; <br />h. The relationship of the proposed use to the Land Use Element of the Orange County <br />Comprehensive Plan and floodplain management program for that area; <br />The safety of access to the property in times of flood for ordinary and emergency <br />vehicles; <br />j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood <br />waters and the effects of wave action, if applicable, expected at the site; and <br />t, ?f......� a.,:ru. <br />