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Understanding Zoning Consistency in Comprehensive Plans: Regulations and Interpretations

This text explores the importance of consistency in zoning regulations as mandated by comprehensive plans for municipal development. It highlights various interpretations and judicial perspectives on what "in accordance with a comprehensive plan" means, emphasizing the necessity for well-thought-out planning in the growth of municipalities. The document cites key figures and cases that underline the significance of adhering to sound zoning principles and the potential issues arising from their misapplication, ensuring that land use effectively reflects established policies.

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Understanding Zoning Consistency in Comprehensive Plans: Regulations and Interpretations

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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

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