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III. Basic Review of Community Planning and Development Bas��s: • The scope of local land use authority is limited both by the provisions of the enabling legislation and the distinctprovisions of local ordinances. The local governmenYs authority is defined by the adopted ordinances. Ifthe ordinancedoes not address a given issue, or fails to provide the level of control needed to address a problem, the City does not have the authority to regulate it. Constitutional Rights Due Process: • Procedural Due Process: No person may be deprived of life, liberty, or propertywithout notice and an opportunityto defend against such action. • When an applicant(developer)has legal control of a property for the purpose of seeking an approval or permit, he/she has the same constitutional rights as the underlying fee owner. Basic Overview of Community Planning and Development Bas��s: • Cities have no inherent authority to control (regulate)the use of private property. ■ The United States Constitution delegates the police powerto the States. • States, in turn, provide enabling legislation through which local governments can gain the authorityto prepare and adopta comprehensive plan, an officialzoning map and zoning ordinance, subdivision regulations, and other official controls. Constitutional Guarantees Private property owners are also guaranteedtheirconstitutional rights which provide fundamental limits to the local government's authority. These rights affect both the procedures for regulating land use and the nature and extent of the controls. Constitutional Rights Substantive Due Process: Governments' actions must be reasonable. They cannot be arbitrary or capricious and there must be a direct relationship between the government's desired objective or outcome and the means by which it seeks to accomplish them.