consistency n.
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Consistency. What you heard is not what you think I said!. SSZEA. Section 3 Purposes . . . "[s]uch regulations shall be made in accordance with a comprehensive plan. Bove.

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consistency

Consistency

What you heard is not what you think I said!

sszea
SSZEA
  • Section 3 Purposes . . .
  • "[s]uch regulations shall be made in accordance with a comprehensive plan . . ..
slide3
Bove . . .
  • “After years of study and agitation, it has been found that development in conformity with some well-considered and comprehensive plan is necessary to the welfare of any growing municipality.”
slide4
Udell
    • “We have concluded that the rezoning was discriminatory and that is was not done ‘in accordance with [the] comprehensive plan . . ..”
    • “[S]ound zoning principles were not followed in this case, and the root cause of this failure was a misunderstanding of the nature of zoning and, even more importantly, of its relationship to the statutory requirement that it be ‘in accordance with a comprehensive plan.”
charles haar in accordance with a comprehensive plan
Charles Haar, “In Accordance with a Comprehensive Plan”
  • The Plan as a land use “constitution”
    • Setting general policies
    • To be implemented by ordinance/resolution
    • All such ordinances/resolutions and actions to be evaluated for consistency with the land use constitution.
  • When actions are in accordance with . . .
    • Presumptively valid
    • Protected by deferential fairly debatable standard
what if actions are not
What if actions are not . . .
  • In Haar’s world
    • Presumptively arbitrary
  • But . . .
slide7
Most courts did not see the “plan” as a substantive document; one that would direct subsequent implementing legislation.
  • The usual judicial interpretation given to the “in accordance with a comprehensive plan” was that the particular regulation be “comprehensive” or “uniform” in scope and coverage.
florida statutes 163 3194 1 a
Florida Statutes, 163.3194(1)(a).
  • “After a … plan … has been adopted, all development shall be consistent with such plan.”