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PCAgenda_95Jun26
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PCAgenda_95Jun26
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• zonin or a char a in the character of the nei hborhood to such an <br />9 9 9 <br />extent that no reasonable use of the property can be made.38 <br />4. A rezoning may be denied because it would violate the comprehensive <br />plan.ss <br />5. Not every rezoning which is consistent with the comprehensive plan <br />must be approved. Where the existing zoning is also consistent with <br />the plan, a rezoning may be denied.ao <br />6. The refusal to rezone to a use consistent with the comprehensive plan <br />is simply evidence that the action may be arbitrary. Even if the <br />existing zoning is not consistent with the plan, the city can overcome <br />this evidence of arbitrariness by presenting evidence supporting <br />rational reasons for the denial.a' <br />7. Traffic concerns, which are supported by facts in the record, is a <br />reasonable basis for denying a rezoning.az <br />8. When considering a rezoning request, the city council may consider <br />• the potential impact from the zoning requested, not the particular <br />proposal.as <br />9. A downzoning of property to a less intense and less valuable zoning <br />designator will be overturned if the rezoning does not substantially <br />advance legitimate public interests or denies an owner economically <br />viable use of the property. The court will also examine the economic <br />impact on the property, the extent to which the rezoning has <br />interfered with investment backed expectations, and the character of <br />the governmental action.aa <br />10. Spot zoning of property will be overturned if it creates a small island <br />of non-conforming use within a larger zoned district and dramatically <br />reduces the value of either the rezoned land or the surrounding land.as <br />VI. SUBDIVISION REGULATIONS. <br />The state law authorizes cities to adopt regulations governing the subdivision of <br />land. These will generally contain standards for the size of lots and the locations <br />and configuration of public streets. <br />C_J <br />7 <br />
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