§ 40-51. Consistency requirements with Comprehensive Plan.

Upon the effective date of the plan, or element or portion thereof, there shall be consistency between the plan and all decisions or actions taken by the parish council, planning advisory board, Old Metairie Commission, planning department, finance department, or public works department in regard to the growth and development of land covered by such plan or element as adopted. The provisions of this section shall not apply to those actions performed, or applications submitted, prior to the effective date of the plan.

(a)

A development regulation, amendment to existing development regulation or land use action shall be consistent with the plan if the land uses, densities or intensities, and other aspects of development permitted by such regulation or action are compatible with and further the objectives, policies, land uses, and densities or intensities in the plan and if it meets all other criteria enumerated by the parish council.

(b)

Before the parish council enacts or amends development regulations or takes any land use action, and before the planning advisory board, or Old Metairie Commission, may make any recommendation to the parish council regarding a proposed development regulation or land use action, the planning department, or other department responsible for providing findings, recommendations, papers, correspondence, and records related to the regulation, amendment, or action shall provide a written recommendation to the council, planning advisory board and, as appropriate, the Old Metairie Commission, regarding the consistency with the plan. The written recommendation shall be advisory to the council, planning advisory board and, as appropriate, the Old Metairie Commission. The recommendation shall state whether, in the opinion of the planning department or other department, the proposed development regulation, amendment to existing development regulation, or land use action is consistent with the plan, as well as whether to approve, deny, or revise the proposed development regulation, amendment to existing development regulation, or land use action.

(c)

The planning department or other department shall find that the proposed development regulation, amendment to existing development regulation, or land use action is consistent with the plan when the proposed development regulation, amendment to existing development regulation, or land use action:

(1)

Furthers, or at least does not interfere with, the goals, objectives, and policies contained in the plan; and

(2)

Is compatible with the future land uses and densities and/or intensities contained in the plan; or

(3)

Carries out, as applicable, any specific proposals for community facilities, including transportation facilities, other specific public actions, or actions proposed by nonprofit and for-profit organizations that are contained in the plan.

In determining whether the proposed development regulation, amendment to existing development regulation, or land use action satisfies the requirements of this section, the planning department may take into account any relevant guidelines contained in the plan.

(d)

If the planning department, or other department determines that the proposed development regulation, amendment to existing development regulation, or land use action is not consistent with the plan:

(1)

It shall state in the written recommendation any changes or revisions in the proposed development regulation, amendment to existing development regulation, or land use action necessary to make it consistent; and

(2)

It may state in the written recommendation any amendments to the plan that are necessary to eliminate any inconsistency between the plan and the proposed development regulation, amendment to existing development regulation, or land use action.

(e)

The parish council, planning advisory board or Old Metairie Commission shall, upon receipt of the written recommendation as outlined above, review the recommendation, giving the recommendation due regard in its deliberations, findings and decisions. If the council, planning advisory board or Old Metairie Commission rejects the recommendation in its deliberations, findings or decisions:

(1)

It shall state whether the proposed development regulation, amendment to existing development regulation, or land use action is consistent with the plan;

(2)

If the council, planning advisory board, or Old Metairie Commission determines that the proposed development regulation, amendment to existing development regulation, or land use action is not consistent with the plan:

a.

It shall state any changes or revisions in the proposed development regulation, amendment to existing development regulation, or land use action necessary to make it consistent; and

b.

It may state any amendments to the plan that may be necessary to eliminate any inconsistency between the plan and the proposed development regulation, amendment to existing development regulation, or land use action.

(Ord. No. 22142, § 7, 3-17-04; Ord. No. 23167, 11-14-07)