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<br />. <br /> <br />. <br /> <br />. <br /> <br />II. BASIC LEGAL PRINCIPALS <br /> <br />A. The city is a creature of state law <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 />1. If a specific power is not granted by state law, it does not exist <br />2. The city cannot regulate in areas pre-empted by the state <br /> <br />C. The city's exercise of its statutory powers must be consistent with the state and <br />federal constitutions. (Even if the city has specific statutory authority to take an <br />action, the action may still be in violation of a constitutional limitation and <br />therefore invalid) <br /> <br />1. Takings <br /> <br />a. A zoning ordinance which results in no reasonable use of land is a <br />taking <br /> <br />b. However, "reasonable use" is not the highest, best or most <br />profitable use <br /> <br />2. Due Process <br /> <br />The city must provide a fair hearing, including notice and the <br />opportunity to be heard <br /> <br />b. Decisions must be based upon the record before the city <br /> <br />a. <br /> <br />c. Decisions should be supported by contemporaneous findings or <br />reasons for the decision <br /> <br />d. Decisions should be made by the elected representatives, not by the <br />public. Neighborhood opposition alone is not a sufficient basis to <br />deny a zoning request. <br /> <br />3. Equal Protection <br /> <br />a. Zoning regulations must be uniform for each class or kind of use <br />throughout each zoning district <br /> <br />b. Similarly situated properties must be treated alike <br /> <br />2. <br />