Laserfiche WebLink
II. BASIC LEGAL PRINCIPALS <br /> <br />A. The city is a creature of state law. <br /> <br />1. No reference to municipal government in federal constitution. <br /> <br />B. The city has only those powers specifically conferred upon it by the state. <br /> <br />If a specific power is not granted by state law, it does not exist. <br />For example: amortization. State has determined that cities do not <br />have the power to amortize out uses. <br />The city cannot regulate in areas pre-empted by the state or federal <br />governments. For example: Telecommunications facilities. <br />Federal government has put limits on local regulations. <br /> <br />Co <br /> <br />The city's exercise of its statutory powers must be consistent with the state <br />and federal constitutions and statutes. <br /> <br />Takings <br />a. A zoning ordinance which results in no reasonable use of <br /> land is a taking. <br />b. However, "reasonable use" is not the highest, best or most <br /> profitable use. <br /> <br />Due Process <br />a. The city must provide a fair hearing, including notice and <br /> the opportunity to be heard. <br />b. Decisions must be based upon the record before the city. <br />c. Decisions should be supported by contemporaneous <br /> findings or reasons for the decision. <br />d. Decisions should be made by the elected representatives, <br /> not by the public. Neighborhood opposition alone is not a <br /> sufficient basis to deny a zoning request. <br /> <br />o <br /> <br />Equal Protection <br />a. Zoning regulations must be uniform for each class or kind <br /> of use throughout each zoning district. <br />b. Similarly situated properties must be treated alike. <br /> <br />60 Day Rule <br />a. A limitation imposed by state law. <br />b. Applies to zoning actions only. <br />c. Extensions and exceptions. <br /> <br />Joint City Council/Planning Commission Orientation Page 2 <br /> <br /> <br />