Skip to main content
Loading…
This section is included in your selections.

The Municipal Council or its designee shall review the information submitted by the appellant to determine whether or not the action by the City may be a constitutional taking as defined in this Chapter. In making such determination, the Municipal Council or its designee shall consider whether:

(1) the City has a legitimate governmental interest to support its action;

(2) the City can accomplish the same result through the use of a less intrusive action;

(3) the property owner has been denied all economically viable use of the property;

(4) the action forces the property owner to allow a nonowner to enter the property;

(5) the decision appealed from has an essential nexus to the legitimate governmental interest;

(6) the action taken is roughly proportional, both in nature and extent, to the impact caused by the activities that are the subject of the decision being appealed; and

(7) the City has made an attempt to quantify its findings.

(Rep&ReEn 1999-34)