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Making versus Applying Law Land use litigation is costly, and often puts city officials in the difficult position of dealing with controversies that may displease people,no matter the outcome. City officials can help themselves through these controversies by educating themselves about land use regulation authority, and the process and procedures necessary to exercise it. An important consideration is how much authority the city has over any given land use decision. A city has much broader authority when creating its land use plans and ordinances than it does when administering the same. Consequently, it is important for a city official to be aware of what authority the city is acting under whenever making a particular decision. When creating, adopting and amending land use plans and zoning ordinances, a city is making law by exercising so-called "legislative" authority. The council sits as a body of elected representatives to make plans and laws (ordinances) for the entire , community to advance health, safety, and `r rt�tics ' welfare. When acting legislatively, the council has broad discretion and will be afforded considerable deference by any reviewing court. In contrast, when so applying existing plans and laws, a city council is exercising so-called"quasi- judicial" authority. The limited task is to determine the facts associated with a particular request, and then apply those facts to the relevant law. A city council Pyramid of Discretion:Cities have greater discretion when making land use decisions at the base of this has less discretion when acting quasi- triangle,and less as decision-making moves up the judicially, and a reviewing court will pyramid. Discretion is greatest when officials are creating examine whether the city council applied local laws,and the least when officials are administering rules already in place to the facts before it. those laws. Land use disputes tend to arise most often when a city is applying laws, rather than when making law. But a city usually has less ability to address the root of the dispute when applying the law, than it would when making the law in the first instance. When acting legislatively, a city council can engage in far-ranging policy discussion, and sort through competing views about what plans and laws would be in the best interest of the city. Although not everyone may be on board with the outcome, the more public participation in the law-making stage, the better the understanding among the public of why the city has a particular plan or law in place. The Comprehensive Plan A comprehensive plan is document that sets forth a vision and the goals for the future of the city. The purpose is to guide future development of land to ensure a safe, pleasant, and economical environment for residential, commercial, industrial, and public activities. 1 r� J Com` Small Cities Track-2011 Planning&Zoning 101—10