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Article 8: Nonconformities 101 <br /> Section 8.3: Completion of Non-Conforming Projects <br /> (1) All expenditures made pursuant to a validly issued and unrevoked building, <br /> zoning, special use, or sell eFGSiGR sed'FRe tat' )R GGRtFE)lpermotLand-Disturbing <br /> Permit (LDP)257 shall be considered as evidence of reasonable reliance on the <br /> conditions that existed before this Ordinance, or modification thereto, became <br /> effective. <br /> (2) Except as provided in subsection (1)above, no expenditures made more than <br /> 180 days before the effective date of this Ordinance, or modification thereto, shall <br /> be considered as evidence of reasonable reliance on the conditions that existed <br /> before this Ordinance, or modification thereto, became effective. An expenditure <br /> is made at the time there is a binding obligation to make that expenditure. <br /> (3) To the extent that expenditures are recoverable with a reasonable effort, a party <br /> shall not be considered prejudiced by having made those expenditures. For <br /> example, a party shall not be considered prejudiced by having made some <br /> expenditure to acquire a potential development site if the property obtained is <br /> approximately as valuable under the new classification as it was under the old, <br /> for the expenditure can be recovered by a resale of the property. <br /> (4) An expenditure shall be considered substantial if it is significant both in dollar <br /> amount and in terms of <br /> (a) The total estimated cost of the proposed project, and <br /> (b) The ordinary business practices of the developer. <br /> (5) A developer shall be considered to have acted in good faith if actual knowledge <br /> of a proposed change in the land use law affecting the proposed development <br /> site could not be attributed to the developer. <br /> (6) Even though a developer had actual knowledge of a proposed change in the land <br /> use law affecting a development site, the County may still find that the developer <br /> acted in good faith if they did not proceed with the plans in a deliberate attempt to <br /> circumvent the effects of the proposed ordinance. The county may find that the <br /> developer did not proceed in an attempt to undermine the proposed ordinance if <br /> it determines that(i)at the time the expenditures were made, either there was <br /> considerable doubt about whether any ordinance would ultimately be passed, or <br /> it was clear that the proposed ordinance would prohibit the intended <br /> development, and (ii)the developer had legitimate business reasons for making <br /> expenditures. <br /> (7) The Planning Director shall not consider any application for the permit authorized <br /> by subsection (2)above that is submitted more than 60 days after the effective <br /> date of this Ordinance, or modification thereto. The Planning Director may waive <br /> this requirement for good cause shown, but in no case may it extend the <br /> application deadline beyond one year. <br /> (8) The Planning Director shall send copies of this section to the persons listed as <br /> owners for tax purposes (and developers, if different from the owners) of all <br /> properties in regard to which permits have been issued for non-conforming <br /> projects or in regard to which a non-conforming project is otherwise known to be <br /> in some stage of development. This notice shall be sent by certified mail not less <br /> than 15 days before the effective date of this Ordinance, or modification thereto. <br /> (9) The Planning Director shall establish expedited procedures for hearing <br /> applications for permits under this section. These applications shall be heard, <br /> whenever possible, before the effective date of this Ordinance, or modification <br /> thereto. <br /> 211 Correct reference to"Land Disturbing Permit(LDP)". <br /> Orange County, North Carolina—Unified Development Ordinance Page 8-2 <br />