Neither this ordinance, nor any material included herein by reference nor material used for the administration of this ordinance, are intended to, nor do they take any property, property right, nor property use, nor convert any of these to public use except by due process of law.

If any provisions of this UDO are inconsistent with similar provisions of State or Federal law, the more restrictive provision shall control, to the extent permitted by law. Conflicts and duplications among portions of this UDO shall be resolved in favor of the more stringent regulation.

(A)

If the circumstances that constituted the violation under the previous ordinance do not constitute a violation under this ordinance, then no further punitive or corrective action shall be taken with respect to the previous violation.

(B)

If the situation that constituted the violation under the previous ordinance continues to constitute a violation under this ordinance, then appropriate corrective or punitive action may be taken under this ordinance.

(C)

If a non-conforming situation or condition was created under the previous ordinance and it failed to be corrected, and if it is still not permissible under this ordinance, then passage of this ordinance shall not prevent enforcement to terminate the non-conforming situation, even if termination would not be required under this ordinance.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this ordinance to interfere with, abrogate, or annul any easements or covenants between parties; provided, however, that where this ordinance imposes a greater restriction upon land development, the use of land or buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this ordinance shall govern.

(A)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.

(B)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.

(A)

To the extent that the provisions of this ordinance are the same in substance as the previously adopted provisions that they replace in the Town's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this ordinance merely by the repeal of the previous ordinance(s).

(B)

Any violation of the previous zoning ordinance or subdivision regulations shall continue to be a violation under this ordinance and any other applicable ordinances, laws, or statutes. Violations of this ordinance shall be subject to the penalties set forth herein, and any other applicable ordinances, laws, or statutes, unless the use, development, construction, or other activity complies with the express terms of this ordinance.

It is the intention of the Board of Commissioners that this ordinance implement the planning policies adopted by the Board for the Town and its extraterritorial planning area. That statement notwithstanding, neither this ordinance or any amendment thereto may be challenged on the basis of nonconformity with any adopted planning document.

All building, plumbing, electrical, wastewater and environmental inspection and permitting is performed by Carteret County in accordance with State law.