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09/(5/2005 24 <br />Sec. 42-71. Variance procedures. <br />1, The Board of Adjustment as established by Orange County Zoning Ordinance shall hear and <br />decide requests for vaziances from the requirements of this Ordinance,. <br />2. Any person aggrieved by the decision of the Board of Adjustment may appeal such decision <br />to the Court within thirty (.30) business days, as provided in Chapter 7A of the North Cazolina <br />General Statutes, <br />3. Vaziances 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 necessazy to <br />preserve the historic chazacter and design of the structure. <br />4, In passing upon such vaziances, the Board of Adjustment shall consider all technical <br />evaluations, all relevant factors, all standards specified in other sections of this Ordinance, <br />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 />Specific h, The relationship of the proposed use to the Land Use Element of the Orange County <br />citation Comprehensive Plan and floodplain management program for that area; <br />i. 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; <br />k. The costs of providing governmental services during and after flood conditions including <br />maintenance and repair of public utilities and facilities such as sewer, gas, electrical and <br />water systems, and streets and bridges; and <br />~5) 1 The request for a variance is not after-the fact or for a situation of one's own making. <br />