(A) A
be deemed established upon the valid approval or conditional approval by the
of a
,
a properly noticed public hearing. The vested right confers upon the
only the right to undertake and complete the development and use the
under the terms and conditions of the site development plan.
(B) Failure to abide by any terms or conditions imposed
result in a forfeiture of
.
(C) The
approve or disapprove a
based upon the need to protect the public health, safety and welfare. The
require such terms and conditions as it
deem necessary to protect the public health, safety and welfare.
(D) The establishment of a
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
subject to land use regulation by the Town of Mills River, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise applicable new or amended regulations
become effective with respect to
that is subject to a
upon the expiration or termination of the vested right in accordance with this chapter.
(E) A
is not a personal right, but
attach to and run with the
. After approval of a
, all successors to the original
be entitled to exercise such right while applicable.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-03, passed 3-25-2021)