(A) Continuing review. Following the approval or conditional approval of a statutory vested right, the town may make subsequent reviews and require subsequent approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval. The town may revoke the original approval for failure to comply with applicable terms and conditions or the applicable
s.
(B) Exceptions. The provisions of this section are subject to the following:
(1) A vested right, once established, precludes any zoning action by the town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except when any of the following conditions are present:
(a) The written consent of the affected landowner.
(b) Findings made, after notice and an
, that natural or manmade 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 approved vested right.
(c) The extent to which the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by the town, together with interest as is provided in G.S. § 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action.
(d) Findings made, after notice and an
, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the town of the vested right.
(e) The enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the approved vested right, in which case the town may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, after notice and an
.
(2) The establishment of a vested right under this section shall not preclude the application of overlay zoning or other
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
by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations shall become effective with respect to property that is subject to a vested right established under this section upon the expiration or termination of the vested rights period provided for in this section.
(3) Notwithstanding any provision of this section, the establishment of a vested right shall not preclude, change, or impair the authority of the town to adopt and enforce development regulation provisions governing nonconforming situations or uses.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)