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Proposed -, <br /> (i) Failure to Comply with Order: If the owner of a building or property fails to <br /> comply with an order to take corrective action from which no appeal has been <br /> taken, or fails to comply with an order of the governing body following an <br /> appeal,t he shall be guilty of a misdemeanor and shall be punished in the <br /> discretion of the court. <br /> 4.5 VARIANCE PROCEDURES <br /> (a) The Board of Adjustment as established by Orange County shall hear and decide <br /> requests for variances from the requirements of this ordinance. <br /> (b) Any person aggrieved by the decision of the appeal board or any taxpayer may <br /> appeal such decision to the Court, as provided in Chapter 7A of the North <br /> Carolina General Statutes. <br /> (c) Variances may be issued for the repair of rehabilitation of historic structures upon <br /> the determination that the proposed repair or rehabilitation will not preclude the <br /> structure's continued designation as a historic structure and the variance is the <br /> minimum necessary to preserve the historic character and design of the structure. <br /> (d) In passing upon such applications, the appeal board shall consider all technical <br /> evaluations, all relevant factors, all standards specified in other sections of this <br /> ordinance, and: <br /> (1) the danger that materials may be swept onto other lands to the injury of <br /> others; <br /> (2) the danger to life and property due to flooding or erosion damage; <br /> (3) the susceptibility of the proposed facility and its contents to flood damage <br /> and the effect of such damage on the individual owner; <br /> (4) the importance of the services provided by the proposed facility to the <br /> community; <br /> (5) the necessity to the facility of a waterfront location, where applicable; <br /> (6) the availability of alternative locations, not subject to flooding or erosion <br /> damage, for the proposed use; <br /> (7) the compatibility of the proposed use with existing and anticipated <br /> development; <br /> (8) the relationship of the proposed use to the comprehensive plan and <br /> floodplain management program for that area; <br /> 13 <br />