(A) Once established, a vested right precludes any zoning action which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of a property set forth in a site-specific vesting plan except under the following circumstances.
(1) Written consent of the landowner.
(2) Upon findings by ordinance after notice and an 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 proceeds according to the site-specific vesting plan.
(3) To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred, including but not limited to all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consulting fees incurred after Village approval, together with interest provided under NCGS § 160D-106. Compensation shall not include any diminution in value caused by the action.
(4) Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner’s representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the site-specific vesting plan or the phased development plan.
(5) Upon the enactment or promulgation of a State or Federal law or regulation that precludes development as contemplated in the site-specific vesting plan or the phased development plan, in which case the local government may modify the affected provisions, upon a finding that the change in law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing.
(B) The establishment of a vested right does not preclude the application of overlay zoning or other development regulations which impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to development regulation including, but not limited to, building, fire, plumbing, electrical and mechanical codes.
(C) The establishment of a vested right does not preclude, change, or impair the authority to adopt and enforce development regulations governing nonconforming situations or uses.
(Ord. 21-12, passed 07-27-2021)