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C. D. E. Site.Plans, PVDs, Subdivision Plats Regulations Building Permits Certificates of Occupancies Consistency with the comprehensive plan is ensured by requiring that each control be consistent with the control next in priority. (The comprehensive plan is the highest priority.) If each control is consistent with the one above it, then it also will be consistent with the comprehensive plan. This method reduces the numerous reviews that a thorough comprehensive plan analysis would otherwise require. Only the next higher level of control must be reviewed. Thus, for a site plan review, once the objectively determinable standards are met only the zoning code need be looked at. The first three controls will be discussed individually: A. Comprehensive Plan The highest control, the comprehensive plan, is a statutorily mandated legislative plan to control and direct the use and development of property within the county. The plan is similar to a constitution for all future development within the county and is developed by the BCC in its legislative discretion subject only to state law requirements. It is the adopted portion of the comprehensive plan (i.e., goals, objective standards, land use map, and other reference tables) that carry the force of law. B. Zoning Regulations The LDRs are the means by which the comprehensive plan. is implemented and their implementation involves the exercise of discretionary powers within limits imposed by the comprehensive plan. The requirement of the state that all LDRs conform to the comprehensive plan is in effect a limitation on the local government's otherwise broad zoning powers. In the last few years, Indian River County has made all its zoning and other land development regulations consistent with the comprehensive plan. As already mentioned any challenges based on inconsistency of LDRs with the comprehensive plan -not filed within 12 months of LDR adoption are time-barred by Sectiot-163.3213(3), F.S. C. Site Plan The County's site plan r44ulations are also LDRs, which have been adopted through the public hearing process, and are thus presumed to be in compliance with the comprehensive plan. However, specific site plans must' be reviewed for consistency with the LDRs. Section 914.15 of the Code requires that "site plans shall be reviewed pursuant to all applicable zoning district regulations and regulations for specific land uses, as applicable" and that "the development of any areas subject to the provisions of this ordinance shall be consistent with the policies regarding land development as established in the various elements of the Indian River County comprehensive plan." This section lists some 26 matters to consider, most of which are objectively determinable standards. Thus the burden of proof is on the proponent of the plan to show consistency or compliance with the aforementioned requirements. STANDARD OF REVIEW Once the evidence for both sides has been presented what is the standard of review available to the Board of County Commissioners? July 12, 1994 55 M M _I