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<br />ble with the plan, and further the plan, but it
<br />must ensure that the goals and policies are
<br />implemented. Regardless of which scale one
<br />uses to measure the lir]k between decision
<br />and plan, it certainly must not interfere or pre-
<br />vent the goals and policies of the plan from
<br />being realized.
<br />
<br />EXAMPLES FROM STATE AND LOCAL
<br />GOVERNMEr-lTS
<br />A number of states have incorporated consis-
<br />tency provisions into their planning statutes.
<br />They include Arizona, California, Delaware,
<br />Aorida, Kentucky, Maine, Minnesota,
<br />Nebraska, New jersey, Oregon, Rhode Island,
<br />Washington, and Wisconsin.
<br />New jersey's cross-acceptance planning
<br />process is a bottom-up approach'to planning,
<br />designed to encourage consistency between
<br />municipal, county, regional, and state plans
<br />under N.j.5.A. S2:18A-202.b. The Office of
<br />Planning and Sustainable Communities
<br />explains thatthe Plan Endorsement
<br />Consistency Review process encourages
<br />municipalities to engage in copperative
<br />regional planning. It ensures that municipal,
<br />county, regional, and state agency plans are
<br />consistent with the State Development and
<br />Redevelopment Plan and with each other.
<br />Once a local plan has been endorsed through
<br />this process, the municipality or county is
<br />entitled to a higher priority for available fund-
<br />ing, streamlined permit reviews, and coordi-
<br />nated state agencyservices.
<br />California planners and officials have
<br />many years of experience with the consis-
<br />tency doctrine. Since 1971, cities have been
<br />required to have a legally adequate general
<br />plan. If the plan is not current or is internally
<br />inconsistent, the court may rule land-use
<br />actions invalid. Internal (horizontal) consis-
<br />tency requires that the data, assumptions,
<br />and projections used in v,,!rious parts of the
<br />plan be consistent with one another. A gen-
<br />eral plan must-be integrated -and internally
<br />consistent, both among the elements and
<br />within each element. Internal consistency
<br />also requires that general plan diagrams of
<br />land use, circulation systepls, open space;
<br />and natural resource areas reflect written
<br />policies and programs in the text.,Vertical
<br />consistency is also required, meaning there
<br />must be consistency between the general
<br />plan and other land-use and development
<br />actions. The courts will generally defer to
<br />the city's interpretation and decisions
<br />
<br />
<br />'1. City Planning Commission is required to prepare a 20-year Master Plan for the
<br />physical development of the city. Elements of the Master Plan are defined.
<br />
<br />2. The Land-Use Element ofthe Master Plan shall consist of text and a map setting
<br />forth categories of allowable land-use issues and density for each of the city's 13
<br />Planning Districts.
<br />
<br />3. The Land-Use Element of the Master Plan provides the city with the authority to
<br />do form-based z.oning-traditional neighborhood development, transit-oriented
<br />development, smart codes, etc.
<br />
<br />4. City Planning Commission shall prepare and recommend to the City Council a
<br />zoning ordinance and zoning map for the purpose of implementing the Master'
<br />Plan. Both the ordinance and the map are required t.o be consistent with the
<br />Plan.
<br />
<br />5. The city's capital improvement plan and its capital budget shall be consistent
<br />with the Master Plan.
<br />
<br />6. In prepa~ing the Master Plan, th-e City Planning Commission must hold at least
<br />one public hearing in each of the 13 Planning Districts to solicitthe opinions of
<br />citizens that live and work in that District and a public hearing to solicit the opin-
<br />ion of citizens from throughout the community.
<br />
<br />7. The City Planning Commission shall forward the Master Plan to the City Council
<br />for adoption. Any modifications of the Plan by the Council before adoption shall
<br />be referred back to the Planning Commission for a public hearing and comment.
<br />. '
<br />8. Following the adoption of the Master P[an, all land-use actions by any govern-
<br />ment body shall be consistent with the Plan, as well as amendments to the Plan.
<br />
<br />9. The Land-Use Element of the Master Plan and the Comprehensive Zoning
<br />Ordinance shall each contain a table or matrix specifying which zoning districts
<br />in the Zoning Ordinance are consistent with each of the land-use categories in
<br />the Land~Use Element of the Master Plan.
<br />
<br />10. All land-use actions not consistent with the Master Plan, or amel1dments to the
<br />Plan, shall be null and void.
<br />
<br />11. At least every five years, but not more often than two years, the City Planning
<br />Commission shall 'comprehensively review the Master Plan and shall determine
<br />whether the Plan requires amendment or comprehensive revision. If it is deter-
<br />mined that amendment or comprehensive revision is required, the Planning
<br />Commission may take appropriate action.
<br />
<br />12. The City Planning Commission may amend the Master Plan, including the Land-
<br />Use Element and Land-Use Map, following application affecting a particular par-
<br />cel or parcels of property, provided all such amendments shall be considered on
<br />a regular schedule which shall allow ail such amendments to be considered at
<br />one time and no more than twice per calendar year. The City Planning
<br />Commission shall hold at least one public hearing in the Planning District where
<br />the affected parcel or parcels of property are located to solicit the opinion of citi-
<br />zens that work or live in that district and a public hearing to solicit the opinions
<br />of citizens from throughout the community.
<br />
<br />,13. Any zoning ordinance or amendment to the zoning ordinance that is adopted by
<br />the City Council that is not consistent with the Master Plan shall be null and void.
<br />
<br />14. Simultaneous with any amendment to the Master Plan, the City Planning
<br />Commission shall review the ,Comprehensive Zoning Ordinance, after one or
<br />more public hearings, to determine whether the ordinance"requires revision and
<br />amendment.
<br />
<br />Source: "A atizen's Guide to Land Use Reform: Summary of Smart Growth Amendments to Home Rule Charter of
<br />New Orleans," March 3. 2008.
<br />
<br />ZONING PRACTICE 8.08
<br />AMERICAN PLANNING ASSOCIATION [page, 11
<br />
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