§ 42-189. Vested rights.

(a)

Any owner of property which was the subject of a final development order of the city prior to the effective date of this division [December 10, 1998], may petition the city for a vested rights determination which would exempt the owner from the provisions of this division. Such petition shall be evaluated by the city attorney and a determination made based on the following criteria:

(1)

The existence of a valid, unexpired governmental act of the city on the specific development for which a determination is sought;

(2)

Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by section 42-185;

(3)

Other factors that demonstrate it is inequitable to deny the owner the opportunity to complete the previously approved development under the conditions of approval by requiring the owner to comply with the requirements of this division. For the purposes of this paragraph, the following factor shall be considered in determining whether it is inequitable to deny the owner the opportunity to complete the previously approved development;

Whether the injury suffered by the owner outweighs the public cost of allowing the development to go forward without payment of the Fire Impact Fee Ordinance.

(b)

The city attorney shall make a written determination as to whether the owner has a vested right and, if so, whether such vested right would exempt the owner from the provisions of this division.

(c)

Any owner aggrieved by a decision of the city attorney pursuant to this section may appeal said decision to the city commissioners within 30 days of the date of the written decision by filing said appeal with the city clerk with a copy to the city attorney.

(Code 1988, § 11.5-119; Ord. No. 98-86, § 9, 12-10-98)