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09*1 <br />The Act only protects the holder of a vested right from zoning <br />amendments that affect "the allowable type or intensity of use of <br />property." Specifically, the Act does not preclude the application <br />of overlay zoning that does not affect the allowable type or <br />intensity of use (i.e. an historic district ordinance) or <br />ordinances that are general in nature such as building, fire, <br />plumbing, electrical, and mechanical codes. In addition, the Act <br />does not prevent a county from adopting and enforcing zoning <br />provisions that govern nonconforming situations or uses. <br />When and <br />how can an unexpired vested right be terminated? <br />A vested right may be terminated in any of the following five <br />ways: <br />1. <br />The landowner agrees, in writing, to relinquish the <br />vested right; <br />2. <br />After notice and hearing, the county determines that <br />there are natural or man -made hazards that would pose a <br />serious threat to the public health, safety, and welfare <br />if the project were to proceed; <br />3. <br />The county compensates the landowner for ail out of <br />-'f <br />pocket costs, expenses, and other losses (including <br />interest) incurred after plan approval; <br />4. <br />After notice and hearing, the county determines that the <br />landowner or his representative intentionally supplied <br />inaccurate information or made material <br />misrepresentations that made a difference in the approval <br />of the plan; <br />5. <br />After notice and hearing, the county determines that a <br />subsequently enacted State or federal law or regulation <br />would have a fundamental effect on the plan, thereby <br />precluding development as contemplated in the plan. <br />What happens if a county fails to adopt an ordinance that sets <br />forth what constitutes a site specific development plan? <br />If a county fails to adopt an ordinance identifying the land <br />use approvals or permits that constitute a site specific <br />development plan, a landowner may establish a vested right upon the <br />approval of a zoning permit or by seeking appropriate relief in <br />court. In addition, it must be remembered that the Act was a <br />compromise reached by the Association and the HBA after the HBA was <br />successful in pushing an extremely objectionable bill through the <br />-OVER- <br />