(A) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the Board of County Commissioners or Board of Adjustment, as applicable, of a site specific development plan or phased development plan, following notice and public hearing.
(B) The approving authority may approve a site specific development plan or phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.
(C) Notwithstanding divisions (A) and (B) above, approval of a site specific development plan or phased development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.
(D) A site specific development plan or phased development plan shall be deemed approved upon the effective date of the approval authority’s action or ordinance 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 regulation by the county, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan or phased development plan upon the expiration or termination of the vested right in accordance with this subchapter.
(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 development plan or phased development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.
(Ord. passed 11-4-1991)