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AG 2008 12 15
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AG 2008 12 15
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2/3/2010 3:10:17 PM
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11/27/2017 11:29:45 AM
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Meeting Minutes
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Minutes
Board
Board of Commissioners
Meeting Type
Regular
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(3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed <br />above, the Floodplain Administrator shall fmd that the building or development is in <br />violation of the Flood Damage Prevention Ordinance, they shall issue an order in writing to <br />the owner, requiring the owner to remedy the violation within a specified time period, not <br />less than sixty (60) calendar days, nor more than ninety(90) calendar days. Where the <br />Floodplain Administrator finds that there is imminent danger to life or other property, they <br />may order that corrective action be taken in such lesser period as may be feasible. <br />(4) Appeal: Any owner who has received an order to take corrective action may appeal the <br />order to the local elected governing body by giving notice of appeal in writing to the <br />Floodplain Administrator and the clerk within ten (10) days following issuance of the final <br />order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. <br />The local governing body shall hear an appeal within a reasonable time and may affirm, <br />modify and affirm, or revoke the order. <br />(5) Failure to Comply with Order: If the owner of a building or property fails to comply with <br />an order to take corrective action for which no appeal has been made or fails to comply <br />with an order of the governing body following an appeal, the owner shall be guilty of a <br />misdemeanor and shall be punished at the discretion of the court. <br />Sec. 38-60. Variance procedures. <br />(a) The planning and zoning commission, as established by the county, shall hear and decide <br />requests for variances from the requirements of this division. <br />(b) Any person aggrieved by the decision of the appeal board or any taxpayer may appeal <br />such decision to the court, as provided in G.S. Chapter 7A. <br />(c) 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 />(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 division, and: <br />(1) The danger that materials may be swept onto other lands to the 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 flood damage and the effect <br />of such damage on the individual owner; <br />(4) The importance of the services provided by the proposed facility to the 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 damage, for the <br />proposed facility; <br />(7) The compatibility of the proposed use with existing and anticipated development; <br />(8) The relationship of the proposed use to the comprehensive plan and floodplain <br />management program for that area; <br />(9) The safety of access to the property in times of flood for ordinary and emergency <br />vehicles; <br />(10) The expected heights, velocity, duration, rate of rise and sediment transport of the <br />floodwaters and effects of wave action, if applicable, expected at the site; and (11) The costs <br />of providing governmental services during and after flood conditions, including maintenance <br />19 <br />
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