(A) A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site-specific development plan or a phased development plan. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan or the phased development plan including any amendments thereto. A right, which has been vested, shall remain vested for a period of 2 years, or for the period of time to complete the project as specified in the phased development plan.
(B) A vested right, once established, precludes any zoning action which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site specific development plan or an approved phased development plan except:
(1) With written consent of the affected 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 not corrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan or the phased development plan.
(3) To the extent that the affected landowner receives compensation (appraised at fair market value) for all costs, expenses, and losses incurred.
(4) Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations, which made a difference in the approval by the county of the site specific development plan or the phased development plan; or
(5) Upon the enactment of a state or federal law or regulation which precludes development as contemplated in the site specific development plan or the phased development plan.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. 5-3-2021)