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building code must also be met for any building in a flood hazard area. <br /> <br />Temperature Controlled means having the temperature regulated by a heating and/or cooling system, built-in or <br />appliance. <br />Variance is a grant of relief from the requirements of this ordinance. <br />Violation means the failure of a structure or other development to be fully compliant with the community's <br />floodplain management regulations. A structure or other development without the elevation certificate, other <br />certifications, or other evidence of compliance required in Parts 4 and 5 is presumed to be in violation until such <br />time as that documentation is provided. <br />Water Surface Elevation (WSE)means the height, in relation to NAVD 1988, of floods of various magnitudes and <br />frequencies in the floodplains of coastal or riverine areas. <br />Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters <br />flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may <br />occur. <br />PART 3. GENERAL PROVISIONS <br />SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES <br />This ordinance shall apply to all Special Flood Hazard Areas within the unincorporated areas of Cabarrus County. <br /> <br />SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS <br />The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between <br />the State of North Carolina and FEMA in its FIS dated November 5, 2008 for Cabarrus County and associated DFIRM <br />panels dated November 5, 2008, March 2, 2009, June 16, 2009, February 19, 2014 and November 16, 2018, including <br />any digital data developed as part of the FIS, which are adopted by reference and declared a part of this ordinance. <br />Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority <br />of Cabarrus County are also adopted by reference and declared a part of this ordinance. <br /> <br />SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT <br />A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the <br />commencement of any development activities within Special Flood Hazard Areas determined in accordance with the <br />provisions of Part 3, Section B of this ordinance. <br /> <br />SECTION D. COMPLIANCE <br />No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full <br />compliance with the terms of this ordinance and other applicable regulations. <br /> <br />SECTION E. ABROGATION AND GREATER RESTRICTIONS <br />This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. <br />However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions <br />shall prevail. <br /> <br />SECTION F. INTERPRETATION <br />In the interpretation and application of this ordinance, all provisions shall be: <br /> <br />(a) Considered as minimum requirements; <br />(b) Liberally construed in favor of the Board of Commissioners; and <br />(c) Deemed neither to limit nor repeal any other powers granted under State statutes. <br /> <br />Page 9 of 28 <br />2021 NC Model Ordinance, Non-Coastal Amended <br /> <br />