The purpose of this chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, Colorado Revised Statutes, as amended.

A.

Pre-application conference. A prospective applicant, prior to submitting a request for vested rights, shall meet for a pre-application conference with the Zoning Administrator. The purpose of the conference is to help the applicant understand the vested rights process.

B.

Vested rights submittal. The vested rights request shall be included with an application for the site-specific development plan.

C.

Zoning Administrator report.

1.

Within ten (10) days of the determination of completeness, the application shall be reviewed by the Zoning Administrator.

2.

The Zoning Administrator shall prepare and issue a report with a recommendation for approval, approval with conditions, or denial.

3.

The Zoning Administrator shall forward their report to the applicant and City Council prior to the public hearing.

D.

Vested rights public hearing.

1.

The vested rights request shall be scheduled for public hearing before the City Council with the application for the site specific development plan. No notice of the public hearing is required.

2.

The City Council, after reviewing the vested rights request, shall decide, by resolution, to approve or deny the request.

A.

Effective approval.

1.

A site-specific development plan and vested property right shall only be deemed established upon the final action of the reviewing body or official designated under this UDC with authority to grant final development approvals. The effective date of a site-specific development plan and vested property right shall be the date on which the site-specific development plan has been approved.

2.

A site-specific development plan that has received final approval subject to conditions shall result in a vested property right unless there is a failure to abide by such conditions, in which case the vested property right shall be forfeited.

B.

Expiration of vested rights. A site-specific development plan that has been vested as provided under this section shall remain vested for three (3) years from the plan's effective date. A longer initial vesting period, or an extension in the vesting period, may be granted upon a finding that a longer or extended vesting period will serve the public interest and welfare in view of all pertinent circumstances, including the size and phasing of any given development, economic cycles, or market conditions.

C.

Modification of site-specific development plan. In the event of amendments to a site-specific development plan, the effective vesting date of any amendment shall be the date of the approval of the original plan unless otherwise specifically provided in the action or document approving the amendment.

D.

Published notice of vested rights.

1.

As soon as practicable following approval of a vested site-specific development plan, but in no case later than fifteen (15) days following approval, notice shall be published in a newspaper of general circulation in the City generally advising the public of the approval and identifying the property where vested rights were approved. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site-specific development plan and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes and the Cañon City Municipal Code pertaining to the following-described project and/or property: (Description of property)

2.

The property shall be generally described in the notice and identify the ordinance or resolution granting such approval. The costs of publishing such notice shall be borne by the applicant.

A.

Nothing in this chapter is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, Colorado Revised Statutes, as amended. In the event of the repeal of such article or a judicial determination that such article is invalid or unconstitutional, this chapter shall be deemed to be repealed, and the provisions hereof no longer effective.