(A) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the Board of Commissioners, Planning Board or Board of Adjustment, as applicable, of a site-specific vesting plan, following notice and public hearing.
(B) The approving authority may approve a site-specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare and that follow the requirements set forth in the zoning and subdivision ordinances of the town.
(C) Notwithstanding paragraph (A) or (B), approval of a site- specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variances are obtained.
(D) A site-specific vesting plan shall be deemed approved upon the effective date of the approval authority’s action or ordinances relating thereto.
(E) The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulations by the city, including, but not limited to building, fire, plumbing, electrical and mechanical codes. Construction shall comply with the building code in effect on the date of the first inspection, and not the code in effect on the date the vested right is secured. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site-specific vesting plan upon the expiration or termination of the vested right in accordance with this chapter.
(F) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site-specific vesting plan, all successors to the original landowner shall be entitled to exercise such right while applicable.
(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. passed - -)