(A) The City Council, or designee, shall review the facts and information presented by the applicant to determine whether or not the action by the city constitutes a constitutional taking as defined in this subchapter.
(B) In doing so, they shall consider:
(1) Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest;
(2) Whether a legitimate governmental interest exists for the action taken by the city; and
(3) Whether the property and exaction taken is roughly proportionate and reasonably related, both in nature and extent, to the impact caused by the activities that are the subject of the decision being reviewed.
(Ord. 2008-001, passed - -2008) Penalty, see 155.999