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   3.17.5   Exceptions
   The provisions of Section 3.17.2 shall not apply in the following instances:
      (A)   Where the property owner consents, in writing, to making the development conform to the requirements of this Ordinance, or any amendment thereto, which would make the development nonconforming;
      (B)   Where the Town Council finds, after notice and a quasi-judicial evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site-specific vesting plan;
      (C)   Where the Town Council finds, after notice and a quasi-judicial evidentiary hearing, that the property owner or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the Town's approval of the site-specific vesting plan;
      (D)   Where the state or federal government has enacted or promulgated a law or regulation which precludes developing the property as contemplated in the approved site-specific vesting plan, in which case the Town Council may, by ordinance, modify the affected provisions of the approved plan upon finding, after notice and a quasi- judicial evidentiary hearing, that the change in state or federal law has a fundamental effect on the approved site-specific vesting plan;
      (E)   Where the Town has compensated the property owner for all costs, expenses, and other losses incurred by the property owner after approval of the vested rights certificate, including but not limited to all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees, together with interest as provided under G.S. 160D-106, not including any diminution in the value of the property.