City Council Planning Commission Resolution #R-11-033

Here is the pertinent text of the resolution authorizing the Planning Commission to do work on this ordinance in the first place from a confidential closed session on April 12, 2011. (Nice of them to hold it behind closed doors where no one could be in on it)

WHEREAS, it is the intent of City Council to protect the character and the social and economic stability of all parts of the city; to encourage the orderly and the beneficial development of all parts of the city; and to protect and conserve the value of the land and buildings appropriate to the various districts established by the zoning ordinance.

City Council may wish to see good character out of its citizens and social and economic stability, but it has no power to compel such character, and even if it could compel it, would it not be a violation of the 1st Amendment? That governments have no control over the social and economic stability should be quite obvious given the events around the world in arab countries and the current economic downturn we currently have. If they could control social and economic stability, then we would never see any unrest nor any tough economic times. The idea that local governments could effect this is quite simply naive at best.

WHEREAS, the City Council has determined that its consideration of and action on the proposed zoning amendments will promote the public necessity, convenience, general welfare and good zoning practice within the city;

There is no link shown between having the warrants and fixing the problem. Further, the things that they wish to do are not “necessity”, rather nicety. Convenience is of no importance in simply helps breed tyrants. Many a liberty was lost for the sake of convenience. Allowing zoning inspectors broad sweeping police powers is in no way beneficial of the general welfare of the people. Having “good” zoning practices for the sake of having good zoning practices is a bit frivolous. The only people that care about good zoning practices are the city inspectors. The people simply don’t want to be burdened by bad zoning practices. As long as they are left alone, they could care less. Unfortunately, the people WON’T be left alone by this particular zoning practice – which puts it in direct conflict with them.

The bottom line:

1. Laws cannot compel good character, nor can they compel social and economic stability. They can only encourage or discourage them, but never create them. It is in spite of intrusive government that there is social and economic stability, not because of it.

2. The city has not shown in any manner how having said warrants would actually remedy the 2 situations for which they are requesting the new ordinance.