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9 <br /> Article 1: Administration <br /> Section 1.1:General Provisions <br /> (B) Building permits,variances,special use permits,subdivision plans,site plan approvals, <br /> and other similar development approvals that are valid on April 5,2011,will remain <br /> valid until their expiration date.Development may be completed in accordance with <br /> such approvals,even if such building,development or structure does not fully comply <br /> with provisions of this Ordinance. If building is not commenced and diligently pursued in <br /> the time allowed under the original approval or any extension granted,then the <br /> building,development or structure must meet the standards of this Ordinance in effect <br /> at the time of re-application. <br /> (C) Applications for building permits,variances,special use permits and other similar <br /> development approvals that were submitted in complete form and were pending <br /> approval on April 5,2011 shall be reviewed under the terms of the ordinance(s)in <br /> effect at the time the application was deemed complete.Any re-application for an <br /> expired approval must meet the standards of the ordinance(s)in effect at the time of re- <br /> application. <br /> 1.1.15 Vested Rights and Permit Choice <br /> (A) In accordance with the provisions of NCGS 152A-3441160D-108 a property owner <br /> may seek a vested right designation on any Ssite-Sspecific d eve!epmen�Vesting6 <br /> Pplan consistent with the standards and requirements detailed herein. <br /> (B) If an application made in accordance with this Ordinance is submitted and a <br /> development regulation changes between the time the application was submitted and a <br /> decision is made,the applicant may choose which version of the development <br /> regulations will apply to the application,in accordance with NCGS 160D-108.j� <br /> 1.1.16 Severability <br /> It is the legislative intent of the Board of County Commissioners in adopting this Ordinance that all <br /> provisions and sections thereof shall be liberally construed to protect and preserve the peace, <br /> health,safety and general welfare of the inhabitants of Orange County and,further,that should <br /> any provision,portion,section,or subsection of this Ordinance be held to be construed as <br /> affecting the validity of any of the remaining provisions,portions,sections or subsections,it is the <br /> intent of the Board of County Commissioners that this Ordinance shall stand,notwithstanding the <br /> invalidity of any provision,or section or part thereof. <br /> 1.1.17 Repeal of Existing Regulations <br /> All existing regulations now contained within this Ordinance are hereby repealed. The adoption <br /> of this Ordinance, however,shall not affect nor prevent any pending or future prosecution of,or <br /> action to abate,an existing violation of said regulations,as amended. <br /> (A) Status of Prior Violations <br /> (1) All violations of the regulations repealed by the adoption of this Ordinance shall <br /> remain violations of the ordinances of Orange County and all penalties and <br /> enforcement remedies set forth herein shall be available as though the violation <br /> were a violation of this Ordinance. <br /> (2) However,if the effect of this Ordinance is to make a formerly unlawful or <br /> nonconforming use become lawful and/or conforming,then no enforcement <br /> action shall be taken except for the imposition and collection of penalties for the <br /> violations that occurred prior to the effective date of this Ordinance. <br /> (B) Effect on Rights and Liabilities under the Flood Damage Prevention Ordinance <br /> 6 Chapter 160D standardizes the terminology state-wide to"site specific vesting plan". <br /> This is existing state law that staff is suggesting be added to the UDO to provide additional clarity on what is <br /> allowed and the process(as spelled out in state statutes). <br /> Orange County,North Carolina—Unified Development Ordinance Page 1-6 <br />