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BC 1987 02 16
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BC 1987 02 16
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Meeting Minutes
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Minutes
Meeting Minutes - Date
2/16/1987
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Board of Commissioners
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51 <br /> <br />ARTICLE 3. GENERAL PROVISIONS <br /> <br />SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES. <br /> <br />This ordinance shall apply to all areas of special flood hazard within the <br />jurisdiction of Cabarrus County. <br /> <br />SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD <br /> <br />The areas of special flood hazard identified by the Federal Emergency Manage- <br />ment Agency in its Flood Insurance Study, dated November 5, 1982, and Soil <br />Survey, Cabarrus County, North Carolina, dated March, 1979. These maps and <br />other supporting data, and any revision thereto, are adopted by reference and <br />declared to be a part of this ordinance. <br /> <br />SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT. <br /> <br />A Development permit shall be required in conformance with the provisions of <br />this ordinance prior to the commencement of any development activities. <br /> <br />SECTION D. COMPLIANCE. <br /> <br />No structure or land shall hereafter be located, extended, converted or <br />structurally altered without full compliance with the terms of this ordinance <br />and other applicable regulations. <br /> <br />SECTION E. ABROGATION AND GREATER RESTRICTIONS <br /> <br />This ordinance is not intended to repeal, abrogate, or impair any existing <br />easements, covenants, or deed restrictions. However, where this ordinance <br />and another conflict or overlap, whichever imposes the more stringent re- <br />strictions shall prevail. <br /> <br />SECTION F. INTERPRETATION. <br /> <br />In the interpretation and application of this ordinance all provisions shall <br />be: <br /> <br />1. considered as minimum requirements; <br />2. liberally construed in favor of the governing body, and; <br />3. deemed neither to limit nor repeal any other powers granted under <br /> state statutes. <br /> <br />SECTION G. WARNING AND DISCLAIMER OF LIABILITY. <br /> <br />The degree of flood protection required by this ordinance is considered <br />reasonable for regulatory purposes and is based on scientific and engineering <br />consideration. Larger floods can and will occur on rare occasions. Flood <br />heights may be increased by man-made or natural causes. This ordinance does <br />not imply that land outside the areas of special flood hazard or uses permitted <br />within such areas will be free from flooding or flood damages. This <br />ordinance shall not create liability on the part of Cabarrus County or by any <br />officer or employee thereof for any flood damages that result from reliance <br />on this ordinance or any administrative decision made thereunder. <br /> <br />SECTION H. PENALTIES FOR VIOLATION <br /> <br />Violation of the provisions of this ordinance or failure to comply with any <br />of its requirements, including violation of conditions and safeguards estab- <br />lished in connection with grants of variance or special exceptions, shall <br />constitute a misdemeanor. Any person who violates this ordinance or fails to <br />comply with any of its requirements shall, upon conviction thereof, be fined <br />not more than $50 or imprisoned for not more than 30 days, or both, and in <br />addition, shall pay all costs and expenses involved in the case. Each day <br />such violation continues shall be considered a separate offense. Nothing <br />herein contained shall prevent Cabarrus County from taking such other lawful <br />action as is necessary to prevent or remedy any violation. Any properties in <br />violation of this ordinance shall also be subject to Section 1316 of the <br />National Flood Insurance Act which states: <br /> <br /> <br />
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