Form-Based Codes 101: Legal Aspects

This course explores the legal issues of creating and using a form-based code. 

  • 85 Mins
  • Published
AICP CM
CNU-A

Description

This course covers the legal authority for form-based coding, which, helpfully, is essentially the same for conventional zoning. The course will also cover state statutory changes designed to facilitate and expand the use of form-based codes, noting recent case law, statutory, and regulatory changes to state environmental review laws that have constrained or encouraged the use of form-based codes. The course will relate the use of form-based codes to recent U.S. Supreme Court jurisprudence on regulatory takings and the limits of the police power. The course will also discuss recent developments in the permissible degree of restriction of land for civic uses, open space, and parkland. The course also discusses case law involving the balance between discretionary review and prescriptive regulatory requirements, connecting those concepts with development review processes under form-based codes. These subjects will be placed in the context of the evolving body of statutory and case law related to comprehensive planning and regional planning.

AICP CM

This course is approved for 1.25 AICP CM credit, including 1 Law CM credit

View all courses available for CM credit.