<div class="chunk-title">Sec. 46-28. - Establishment of a zoning vested right.</div>
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            <p class="incr0">
               (a)
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               A zoning vested right shall be deemed established upon the valid approval, or conditional
               approval, by the board of commissioners or board of adjustment, as applicable, of
               a site specific development plan, following notice and public hearing.
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               (b)
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               The approving authority may approve a site specific development plan upon such terms
               and conditions as may reasonably be necessary to protect the public health, safety
               and welfare.
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               (c)
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               Notwithstanding subsections (a) and (b), approval of a site specific 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.
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               (d)
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               A site specific development plan shall be deemed approved upon the effective date
               of the approval authority's action or ordinance relating thereto.
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               (e)
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               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 upon the expiration or termination
               of the vested right in accordance with this article.
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               (f)
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               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, all successors
               to the original landowner shall be entitled to exercise such right while applicable.
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            <p class="historynote0">
               (Ord. of 11-4-91(2), Â§ 3)
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