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CABARRUS COUNTY DEVELOPMENT ORDINANCE CHAPTER 16 -FLOOD DAMAGE PREVENTION and may affirm, modify and affirm, or revoke the order. (S) Failure to Comply with Order: If 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 Board of Adjustment following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. 4 143-215.58 and shall be punished at the discretion of the court. SECTIONE. VARIANCE PROCEDURES (1) The Board of Adjustment as established by Cabarrus County, hereinafter referred to as the " card," shall hear and decide requests for variances from the requirements of this ordinance. (2) Any person aggrieved by the decision ofthe appeal board may appeal such decision to the Co sprovided I apter 7A of the North Carolina General Statutes. (3) Variances may be issued for: (a) The repair or rehabilitation of historic structures upon the deter tion that t proposed repair or rehabilitation will not preclude the structure's continued ion istor' ructure and that the variance is the minimum necessary to preserve the histo' arac a structure; (b) Functionally dependent facilities if determined to meet t mon a ated in Part 2 of this ordinance, provided provisions of Part 4, Section E(9)(b), (c ,and (e) have sari d, and such facilities are protected by methods that minimize flood damages dur' ehase flood an no additional threats to public safety; or (c) Any other type of development m r it the requirements of this Section. (4) In passing upon variances, the appeal board sh II conside echnical evaluations, all relevant factors, all standards specified in other sections ofthis ordi nce, (a) The danger that matI tial IIs may be t onto other lands to the injury of others; (b) The danger to life an; lop to fl ing or erosion damage; (c) The susceprtibility of th l nd�osed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The a es provided by the proposed facility to the community; (e^ �ssit the facility of a waterfront location as defined under Part 2 of this ordinance as a functionally f f depen qt far i where a pplicable; 4fjITIIhe aMIai tlility of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) 4h hlIJW4npatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (i) The safety of accessto the property in times of flood for ordinary and emergency vehicles; Q) Theexpected heights, velocity,duration, rateofrise, and sediment transport of the floodwaters andthe effects 16 Page 214