§ 12-19-8 EXCEPTION TO VESTING OF PROPERTY RIGHTS.
   (A)   A vested property right, even though once established as provided in this chapter, precludes any zoning or land use action by the town or pursuant to an initiated measure which would alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the site specific development plan, except:
      (1)   With the consent of the affected landowners;
      (2)   Upon the discovery of natural or human-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or
      (3)   (a)   To the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultants fees incurred after approval by the Town Council, or applicable town board or commission, together with interest thereon at the legal rate until paid.
         (b)   Just compensation shall not include any diminution in the value of the property which is caused by such action.
   (B)   The establishment of a vested property right pursuant to law shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the town, including, but not limited to, building codes, fire, plumbing, electrical and mechanical codes, housing, and dangerous building codes, and design review guidelines.
(Ord. 2(1991) § 1)