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of the final order. In the body shall hear an appeal within a <br />reasonable time and may affirm, modify and affirm, or revoke <br />the order. <br /> <br />(9) <br /> <br />Failure to Comply with Order: If the owner of a building or <br />property fails to comply with an order to take corrective <br />action from which no appeal has been taken, or fails to comply <br />with an order of the governing body following an appeal, he <br />shall be guilty of a misdemeanor and shall be punished in the <br />discretion of the court. <br /> <br />SECTION E. VARIANCE PROCEDURES. <br /> <br />(1) <br /> <br />The Planning and Zoning Commission as established by Cabarrus <br />County shall hear and decide requests for variances from the <br />requirements of the ordinance. <br /> <br />(2) <br /> <br />Any person aggrieved by the decision of the appeal board or <br />any taxpayer may appeal such decision to the Court, as <br />provided in Chapter 7A of the North Carolina General Statutes. <br /> <br />3) <br /> <br />(4) <br /> <br />Variances may be issued for the repair or rehabilitation of <br />historic structures upon the determination that the proposed <br />repair or rehabilitation will not preclude the structure's <br />continued designation as a historic structure and the variance <br />is the minimum necessary to preserve the historic character <br />and design of the structure. <br /> <br />In passing upon such applications, the appeal board shall <br />consider all technical evaluations, all relevant factors, all <br />standards specified in other sections of this ordinance, and: <br /> <br />(a) the danger that materials may be swept onto other lands <br /> to the injury of others; <br /> <br />(b) <br /> <br />the danger to life and property due to flooding or <br />erosion damage; <br /> <br />(c) <br /> <br />the susceptibility of the proposed facility and its <br />contents to flood damage and the effect of such damage <br />on the individual owner; <br /> <br />(d) the importance of the services provided by the proposed <br /> facility to the community; <br /> <br />16 <br /> <br /> <br />