§ 106-44. Determination of consistency.

(a)

Initiation. The growth planning director shall review and evaluate the consistency of all zoning districts with the growth management plan for all unimproved property within each planning community pursuant to subsection (d) of this section, and make a determination of whether or not the zoning on the property is consistent with the growth management plan. The growth planning director may evaluate other adjacent or nearby unimproved properties in conjunction with such evaluation, and make a comprehensive determination.

(b)

Determination of consistency. If the growth planning director determines that the zoning districts on unimproved property are consistent with the growth management plan, then a determination of consistency shall be made for such property, and such property shall not be subject to the provisions of section 106-43 and shall be allowed to proceed through the otherwise applicable provisions of the land development regulations, provided it is developed consistent with the growth management plan. Consistency determinations will be based on any combination of parcels of land that received zoning approval by a single action of the board of county commissioners, including unified plans of development. In the event that the property which received a determination of consistency is subsequently determined by the growth planning director to be inconsistent with the growth management plan, such property shall be issued a determination of inconsistency and be subject to the same procedures and requirements as one that received a determination of inconsistency under subsection (c) of this section.

(c)

Determination of inconsistency. If the growth planning director determines that any zoning district on unimproved property is inconsistent with the growth management plan, then a determination of inconsistency shall be issued for such property, and such property shall be subject to the provisions of section 106-43.

(d)

Criteria for consistency. A zoning district on unimproved property shall be deemed consistent with the growth management plan only if the land uses, densities or intensities, capacity or size, timing and other aspects of the development proposed for, or allowed on, the unimproved property pursuant to such zoning district are compatible with and further the objectives, policies, land uses, and densities and intensities in the growth management plan and the provisions of the land development regulations.

(Ord. No. 90-23, § 9)