9-1204

9-1204. Subsequent changes prohibited;
exceptions

A. A protected development right established under this section precludes the
enforcement against the property to which the protected development right applies of any
legislative or administrative land use regulation by a city or town or pursuant to an
initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise
impact the development or use of the property as set forth in an approved protected
development right plan, except under any one or more of the following circumstances:

1. With the written consent of the affected landowner.

2. On findings, by ordinance or resolution, and after notice and a public 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 were to proceed as approved in the protected development right plan.

3. On findings, by ordinance or resolution, and after notice and a hearing, that
the landowner or his representative intentionally supplied inaccurate information or made
material misrepresentations that made a difference in the approval of the protected
development right plan by the city or town.

4. On the enactment of a state or federal law or regulation that precludes
development as approved in the protected development right plan, in which case the
governing body of the city or town, after notice and a hearing, may modify the affected
provisions, on a finding that the change in state or federal law has a fundamental effect
on the protected development right plan.

B. A protected development right does not preclude the enforcement of a
subsequently adopted overlay zoning classification that imposes additional requirements
and that does not affect the allowable type or density of use, or ordinances or
regulations that are general in nature and that are applicable to all property subject to
land use regulation by the city or town, such as building, fire, plumbing, electrical and
mechanical codes.

C. Notwithstanding any other provision of this article, the establishment of a
protected development right does not preclude, change or impair the authority of a city
or town to adopt and enforce zoning ordinance provisions governing nonconforming property
or uses.

D. This article does not alter or diminish the authority of a city or town to
exercise its eminent domain powers.