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(d) Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (l0) days following issuance of the final order. [n the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. (5) Failure to Comply with Order: [f the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished a[ the discretion of the court. SECTION E. VARIANCE PROCEDURES. (t) The (appeal board) as established by (community), hereinafter refereed to as the "appeal board", shall hear and decide requests for variances from the requrements of this ordinance. (2) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes. (3) Variances may be issued for: (a) the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure. (b) functionally dependent facilities if determined to meet the definition as stated in Article 2 of this ordinance, provided provisions of Article 4, Section E(9)(b), (c), and (e) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (c) any other type of development, provided it meets the requirements of this Section. (4) [n passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and: (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location as defined under Article 2 of this ordinance as a functionally dependent facility, where applicable; (f) [he availability of altema[ive locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatibility of the proposed use w ith existing and anticipated development, (h) the relationship of the proposed use to the comprehensive plan and tloodplain management program for that area; (i) the safety of access to the propert} in times of hood for ordinary and emergency vehicles; (j i the expected hei~hr, veloci~. duration, rate of rise. and sediment transport of [he floodwaters and the effects of wave action. if applicable. expected at the site: and (k) the costs of providing governmental services during and after flood conditions includins maintenance and kdv ;.300' ~ ~ 13