Orange County NC Website
5.5 i,?V'i111TANCE PROCEDURES <br /> (a) The Board of Adjustment as authorized by the Orange County Board of <br /> Commissioners shall hear and decide appeals and requests for variances <br /> from the requirements of this ordinance. <br /> (b) The Board of Adjustment shall hear and decide appeals when it is alleged <br /> there is an error in any requirement; decision, or determination made <br /> by the building inspector in the enforcement or administration of this <br /> ordinance. <br /> (c) Any person aggrieved by the decision of the Board of Adjustment, or any <br /> taxpayer may appeal such decision to the Orange County Superior Court, <br /> as provided in Section 160A-388.of the North Carolina General Statutes. <br /> (d) Variances may be issued for the reconstructrkou, rehabilitation or <br /> restoration of structures listed on the National Register of Historic <br /> Places or the State of North Carolina Inventory of Historic Places <br /> without regard to the procedures set forth in the remainder of this <br /> section. <br /> (e) In passing upon such applications, the Board of Adjustment shall <br /> consider all technical evaluations, all relevant factors; standards <br /> specified in other sections of this ordinance, and <br /> (1) the danger that materials may be swept onto other lands to the <br /> injury of 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 <br /> flood damage and .the effett of such damage on the individual owner; <br /> (4) the importance of the services provided by the proposed facility <br /> to the community; <br /> (5) the necessity to the facility of a waterfront location, where <br /> applicable; <br /> (6) the availability of alternative locations, not subject to flooding <br /> or erosion damage, for the proposed use; <br /> (7) the compatability of the proposed use with existing and anticipa!� <br /> development; <br /> (0) the relationship of the proposed use to the comprehensive plan <br /> and flood plain management program for that area; <br /> (9) the safety of access to the property in times of flood for <br /> ordinary and emergency vehicles; <br /> (10) the expected heights, velocity, duration, rate of rise and <br /> sediment transport of the flood waters and the effects of wave <br />