1 / 9

Consistency

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.

chessa
Télécharger la présentation

Consistency

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Consistency What you heard is not what you think I said!

  2. SSZEA • Section 3 Purposes . . . • "[s]uch regulations shall be made in accordance with a comprehensive plan . . ..

  3. 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.”

  4. 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.”

  5. 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

  6. What if actions are not . . . • In Haar’s world • Presumptively arbitrary • But . . .

  7. 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.

  8. Florida Statutes, 163.3194(1)(a). • “After a … plan … has been adopted, all development shall be consistent with such plan.”

  9. Go to Pinecrest

More Related