§ 13.01.110. 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 Town 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 town, 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 Title is to state the intent of the Town to guard jealously its rights and powers as a home rule town to enact local zoning and subdivision regulations which supersede and preempt state legislation in the area of zoning and subdivision.

(b)

Vested rights. The Town is aware of the passage of Senate Bill 219, codified in Section 24-68-101, C.R.S. The Town 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219 is "a matter of statewide concern," and therefore determines that the provisions of Senate Bill 219 are expressly superseded and preempted within the Town by the provisions of this Title.

(c)

Creation of vested rights. No vested right is created within the Town by the approval of any application for zoning or rezoning, site plan, consolidation plan, sketch 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 the estoppel in pais as that doctrine existed on June 30, 1987, as the law of vested property rights within the Town.

(d)

Notice regarding vested rights. Ordinances approving requests for zoning/rezoning of property, and ordinances, resolutions 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 the Parker Land Development Ordinance."

(Ord. 3.132 §1, 1999; PLDO Art. I §11)