Laserfiche WebLink
(3) A decline in property value is not a sufficient <br />reason to invalidate a rezoning. The general <br />welfare of the public is paramount in importance to <br />the pecuniary state of an individual property owner <br />affected by the rezoning. <br />(B) In a special use permit case, the reasonableness of the <br />City'Council action is measured by compliance with the <br />standards contained in the City's development regulation. <br />(1) Basic due process standards apply to quasi-judicial <br />proceedings. 1qP?&e44,e Aa4 <br />(2) A special use permit allows the use of property in <br />a manner expressly authorized by the development <br />regulations. <br />(3) The absence of expressed standards makes denial of <br />a special use permit more vulnerable to a finding <br />of arbitrariness. <br />(4) General objections, unsupported by facts, of <br />opponents to the granting of a special use permit <br />do not support a finding that the proposed use <br />would be inconsistent with surrounding land uses. <br />(5) A special use permit is in the nature of a contract <br />between the City and a private party for the use of <br />land. Therefore, non-compliance with the <br />conditions attached to the special use permit is <br />more analogous to a breach of contract than to a <br />criminal offense. <br />(6) Mere "aesthetic concerns" of neighbors is not an <br />adequate reason for denial of a special use permit. <br />2 <br />