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Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments – “160D” Legislation
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Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments – “160D” Legislation
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5/18/2021
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6-a
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Agenda for May 18, 2021 Board Meeting
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Article 1: Administration 10 <br /> Section 1.1: General Provisions <br /> connection with such construction, provided that actual construction work e <br /> diligently pursued until completion of the building. <br /> (B) Buildi ermits, variances, special use permits, subdivision s, site plan <br /> approvals, a other similar development approvals tha a valid on April 5, 2011, <br /> will remain valid u ' heir expiration date. Develo nt may be completed in <br /> accordance with such a vals, even if suc ilding, development or structure <br /> does not fully comply with pro ' ' ns o s Ordinance. If building is not commenced <br /> and diligently pursued in the time d under the original approval or any <br /> extension granted, then the ding, deve ent or structure must meet the <br /> standards of this Ordi ce in effect at the time -application. <br /> (C) Applications f uilding permits, variances, special use p is and other similar <br /> develo nt approvals that were submitted in complete form an ere pending <br /> a val on April 5, 2011 shall be reviewed under the terms of the or i ce(s) in <br /> effect at the time the application was deemed complete. Any re-application <br /> expired approval must meet the standards of the ordinance(s) in effect at the time <br /> re-application. <br /> 1.1.15 Vested Rights and Permit Choice <br /> (A) In accordance with the provisions of NCGS 15�° 34 4.1160D-108 a property owner <br /> may seek a vested right designation on any Ssite-Sspecific development Vesting§ <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 <br /> a decision is made, the applicant may choose which version of the development <br /> regulations will apply to the application, in accordance with NCGS 1601D-108.- <br /> 1.16 Severability <br /> t is the legislative intent of the Board of County Commissioners in adopting this 0rdinanc at all <br /> pr sions and sections thereof shall be liberally construed to protect and preserve th eace, <br /> health, fety and general welfare of the inhabitants of Orange County and, furth , that should <br /> any provisi portion, section, or subsection of this Ordinance be held to be nstrued as <br /> affecting the va ' 'ty of any of the remaining provisions, portions, section r subsections, it is the <br /> intent of the Board ounty Commissioners that this Ordinance sh stand, notwithstanding the <br /> invalidity of any provisio , r section or part thereof. <br /> 1.1.17 Repeal of Existing Regulations <br /> All existing regulations now contained wi ' thi rdinance are hereby repealed. The adoption <br /> of this Ordinance, however, shall not affect revent any pending or future prosecution of, or <br /> action to abate, an existing violation of id regul ' ns, as amended. <br /> (A) Status of Prior Viol ons <br /> (1) All violati of the regulations repealed by the option of this Ordinance shall <br /> rema' iolations of the ordinances of Orange Cou and all penalties and <br /> orcement remedies set forth herein shall be availabl s though the violation <br /> were a violation of this Ordinance. <br /> However, if the effect of this Ordinance is to make a formerly unla or <br /> nonconforming use become lawful and/or conforming, then no enforce t <br /> action shall be taken except for the imposition and collection of penalties for e <br /> violations that occurred prior to the effective date of this 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 LIDO 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 />
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