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Form-Based Codes 101: Legal Aspects
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Form-Based Codes 101: Legal Aspects

Form-Based Codes 101: Legal Aspects

86 min
Credit: AICP CMCNU-A

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

View all courses available for CM credit.

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.

In This Course

  1. Dan Slone introduces the seventh course in the "Form-Based Codes 101" series.
  2. Legal Issues in Creating a Form-Based Code, Part 1
    This chapter explores the differences between a Euclidean zoning code and a form-based code.
  3. Legal Issues in Creating a Form-Based Code, Part 2
    This chapter walks through common legal questions regarding zoning authority, subdivision authority, the use of graphics, constitutional requirements, and types of codes.
  4. How to Do a Legal Calibration
    This chapter discusses integrating a form-based code with existing codes by first determining which provisions will remain and then removing conflicts.
  5. Legal Issues in Using a Form-Based Code
    This chapter reviews legal issues in implementation. Topics include comprehensive planning, approving regulating plans, variances, vagueness, aesthetics, and property rights protections.
  6. Emerging Code Issues
    This chapter explores new issues including wheeled conveyance, planned densification, and green infrastructure.
  7. Planning Considerations
    Dan Parolek summarizes a list of primary planning considerations to take into account before embarking on a form-based coding process and a comprehensive list of tough policy decisions to make prior to writing a form-based code.