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Article 1: Administration Section 1.1: General Provisions Orange County, North Carolina – Unified Development Ordinance Page 1-6 1.1.16 Severability It is the legislative intent of the Board of County Commissioners in adopting this Ordinance that all provisions and sections thereof shall be liberally construed to protect and preserve the peace, health, safety and general welfare of the inhabitants of Orange County and, further, that should any provision, portion, section, or subsection of this Ordinance be held to be construed as affecting the validity of any of the remaining provisions, portions, sections or subsections, it is the intent of the Board of County Commissioners that this Ordinance shall stand, notwithstanding the invalidity of any provision, or section or part thereof. 1.1.17 Repeal of Existing Regulations All existing regulations now contained within this Ordinance are hereby repealed. The adoption of this Ordinance, however, shall not affect nor prevent any pending or future prosecution of, or action to abate, an existing violation of said regulations, as amended. (A) Status of Prior Violations (1) All violations of the regulations repealed by the adoption of this Ordinance shall remain violations of the ordinances of Orange County and all penalties and enforcement remedies set forth herein shall be available as though the violation were a violation of this Ordinance. (2) However, if the effect of this Ordinance is to make a formerly unlawful or nonconforming use become lawful and/or conforming, then no enforcement action shall be taken except for the imposition and collection of penalties for the violations that occurred prior to the effective date of this Ordinance. (B) Effect on Rights and Liabilities under the Flood Damage Prevention Ordinance (1) Portions of the ordinance come forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance (FDPO) enacted March 2, 1981, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued under the FDPO are reserved and may be enforced. 1.1.18 Interpretation In the interpretation and application of this Ordinance, all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and (C) Deemed to neither limit nor repeal any other powers granted under State statutes. 1.1.19 Disclaimer of Liability – Flood Regulations The degree of flood protection required by this Ordinance is considered reasonable but does not imply total flood protection. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man- made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Orange County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.3 3 Staff is modifying existing language to ensure consistency with the 2017 minimum model flood ordinance prepared by FEMA. 89