§ 158.455 WARNING AND DISCLAIMER OF LIABILITY.

   The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and floor heights may be increased by human-made or natural causes. These regulations do not imply that land outside the flood zone or uses permitted within the areas will be free from flooding or flood damages. These regulations shall not create liability on the part of Lincoln County or the city or on any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.

(1992 Code, App. F, § 23.06) (Ord. 10-06, passed 1-23-2006)

§ 158.456 INTERPRETATION, ABROGATION AND SEVERABILITY.

   (a)   In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations and other regulations, easement, covenant or deed restriction conflict or overlap whichever imposes the more stringent restrictions shall prevail. All other regulations inconsistent with these regulations are hereby repealed to the extent of this inconsistency only.

   (b)   If any section, clause, provision or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be affected thereby.

(1992 Code, App. F, § 23.07) (Ord. 10-06, passed 1-23-2006)

§ 158.457 SAVING CLAUSE.

   These regulations shall in no manner affect pending actions either civil or criminal, founded on or growing out of any regulations hereby repealed. These regulations shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any regulations repealed.

(1992 Code, App. F, § 23.08) (Ord. 10-06, passed 1-23-2006)

§ 158.458 PURPOSE OF CATCH HEADS.

   The catch heads appearing in connection with the sections of these regulations are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each subchapter are to serve as general references only. The catch heads, introductory statements and illustrative examples of zoning terms shall be wholly disregarded by any person, office, court or other tribunal in construing the terms and provisions of these regulations.

(1992 Code, App. F, § 23.09) (Ord. 10-06, passed 1-23-2006)

§ 158.459 EFFECTIVE DATE.

   These regulations shall be in full force and effect from and after its passage and publication as provided by law.

(1992 Code, App. F, § 23.10) (Ord. 10-06, passed 1-23-2006)

DEFINITIONS

§ 158.470 PURPOSE.

   For the purpose of these regulations, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure” and “premises;” the word “shall” is mandatory and not directory; the words “used” or “occupied” include the words “intended,” “designed” or “arranged to be used or occupied”; the word “lot” includes the words “plot,” “parcel” or “tract;” and the word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.

(1992 Code, App. F, § 24.01) (Ord. 10-06, passed 1-23-2006)