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2004_0315_Packet
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2004_0315_Packet
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III. Basic Review of <br />Community Planning <br />and Development <br />Bas��s: <br />• The scope of local land use authority is limited <br />both by the provisions of the enabling legislation <br />and the distinctprovisions of local ordinances. <br />The local governmenYs authority is defined by <br />the adopted ordinances. Ifthe ordinancedoes <br />not address a given issue, or fails to provide the <br />level of control needed to address a problem, the <br />City does not have the authority to regulate it. <br />Constitutional Rights <br />Due Process: <br />• Procedural Due Process: No person may be <br />deprived of life, liberty, or propertywithout notice <br />and an opportunityto defend against such <br />action. <br />• When an applicant(developer)has legal control <br />of a property for the purpose of seeking an <br />approval or permit, he/she has the same <br />constitutional rights as the underlying fee owner. <br />Basic Overview of Community <br />Planning and Development <br />Bas��s: <br />• Cities have no inherent authority to control <br />(regulate)the use of private property. <br />■ The United States Constitution delegates the <br />police powerto the States. <br />• States, in turn, provide enabling legislation <br />through which local governments can gain the <br />authorityto prepare and adopta comprehensive <br />plan, an officialzoning map and zoning <br />ordinance, subdivision regulations, and other <br />official controls. <br />Constitutional Guarantees <br />Private property owners are also <br />guaranteedtheirconstitutional rights <br />which provide fundamental limits to the <br />local government's authority. These rights <br />affect both the procedures for regulating <br />land use and the nature and extent of the <br />controls. <br />Constitutional Rights <br />Substantive Due Process: <br />Governments' actions must be <br />reasonable. They cannot be arbitrary or <br />capricious and there must be a direct <br />relationship between the government's <br />desired objective or outcome and the <br />means by which it seeks to accomplish <br />them. <br />
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