HomeMy WebLinkAboutOrdinance-1988-0746INTRODUCED BY COUNCIL.MEMBER SNOW
Ordinance No. 746
Series of 1988
TITLE: AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE BY THE ADDITION OF A NEW
SECTION 26 CONCERNING VESTED PROPERTY RIGHTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Appendix A of the Code of Laws of the City of
Wheat Ridge, is amended by the addition of a new Section 26 to
read as follows:
SECTION 26
VESTED PROPERTY RIGHTS
A. PURPOSE. Pursuant to the provisions of Article XX,
Section 6 of the Constitution of the State of Colorado, the
electors of the City of Wheat Ridge, Colorado have adopted a Home
Rule Charter. The law is, and has for many years been, clear and
certain that adoption of a Home Rule Charter vests the citizens
of a home rule city, and the legislative body thereof, with the
power and authority to enact legislation on matters of purely
local concern which legislation preempts and supersedes state
legislation as to those matters of purely local concern. Zoning
is, and has on numerous occasions been declared and confirmed by
the Colorado Supreme Court as being, a matter of purely local
concern. The purpose of this Section 26 is to state the intent
of the City of Wheat Ridge to guard jealously its rights and
powers as a home rule city to enact local zoning regulations
which supersede and preempt state legislation in the area of
zoning.
B. VESTED RIGHTS. The City of Wheat Ridge is aware of the
passage of Senate Bill 219, codified in C.R.S. 24-68-101. The
City of Wheat Ridge rejects the assertion that the subject matter
of said Senate Bill 219 is "a matter of statewide concern," and
therefore determines that the provisions of Senate Bill 219 are
expressly superseded and preempted within the City of Wheat Ridge
by the provisions of this Section 26 of Appendix A of the Code of
Laws of the City of Wheat Ridge.
C. CREATION OF VESTED RIGHTS. No vested right is created
within the City of Wheat Ridge by the approval of any application
for zoning or rezoning, site plan, consolidation plan,
subdivision plan or plat, planned building group, or an outline,
preliminary or final development plan. Rather, a vested property
right shall be created if the successful applicant, owner, or
permit holder (expressly provided that approval has been granted
and/or a permit has been issued in compliance with all applicable
laws, rules and regulations, and not based upon a
misrepresentation of fact or a mutual mistake of fact) has taken
lawful, reasonable, and substantial steps, and has incurred
lawful, reasonable, and substantial expenses, in justifiable
reliance upon the approval or permit. The intent of this
provision is to adopt the common law of estoppel in pais as that
doctrine existed on June 30, 1987, as the law of vested property
rights within the City of Wheat Ridge.
D. NOTICE RE VESTED RIGHTS. Ordinances approving requests
for zoning/rezoning of property, and ordinances, resolutions or
motions approving plans, plats, site plans or any other required
submission, shall contain the following statement:
"Approval of this (ordinance, plan, plat, etc.,) does
not create a vested property right. Vested property
rights may only arise and accrue pursuant to the
provisions of Section 26(c) of Appendix A of the Code
of Laws of the City of Wheat Ridge."
Section 2. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 4. This ordinance shall take effect one day after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 8th day of February , 1988,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for February 22 , 1988,
at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 22nd day of
February , 1988.
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1988. SIGNED by the Mayor on this 23rd day of February ,
Dan Wilde, Mayor
ATTEST:
Dian a Sang, City ,lerk
APPROVED AS TO FORM BY
OFFICE OF,;CITY ATTORNEY
John Hayes, gi Attorney
1st Publication: February 11, 1981V
2nd Publication: February 25, 19&8
Wheat Ridge Sentinel:
Effective Date: February 26, 1988
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