Planning Board - 030321 ORC Agenda Packet - Replacement Att 1 - 160D

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Article 1: Administration 5 Section 1.1: General Provisions connection with such construction, provided that actual construction work must be diligently pursued until completion of the building. (B) Building permits, variances, special use permits, subdivision plans, site plan approvals, and other similar development approvals that are valid on April 5, 2011, will remain valid until their expiration date. Development may be completed in accordance with such approvals, even if such building, development or structure does not fully comply with provisions of this Ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development or structure must meet the standards of this Ordinance in effect at the time of re-application. (C) Applications for building permits, variances, special use permits and other similar development approvals that were submitted in complete form and were pending approval on April 5, 2011 shall be reviewed under the terms of the ordinance(s) in effect at the time the application was deemed complete. Any re-application for an expired approval must meet the standards of the ordinance(s) in effect at the time of re-application. 1.1.15 Vested Rights and Permit Choice (A) In accordance with the provisions of NCGS 1 FT160D-108 a property owner may seek a vested right designation on any Ssite-Sspecific dev ,rVesting6 Pplan consistent with the standards and requirements detailed herein. (B) If an application made in accordance with this Ordinance is submitted and a development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulations will apply to the application, in accordance with NCGS 160D-108.- 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. 6 Chapter 160D standardizes the terminology state-wide to"site specific vesting plan". This is existing state law that staff is suggesting be added to the LIDO to provide additional clarity on what is allowed and the process(as spelled out in state statutes). Orange County, North Carolina—Unified Development Ordinance Page 1-6