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Form-Based Codes 101: Legal Aspects

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

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Course Info

  • Duration 7 video lessons (85 Mins)
  • Published Published
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Browse Course Chapters

  • 1. Introduction (1 min)
  • 2. Legal Issues in Creating a Form-Based Code, Part 1 (18 mins)
  • 3. Legal Issues in Creating a Form-Based Code, Part 2 (22 mins)
  • 4. How to Do a Legal Calibration (10 mins)
  • 5. Legal Issues in Using a Form-Based Code (11 mins)
  • 6. Emerging Code Issues (9 mins)
  • 7. Planning Considerations (11 mins)

Course 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.

Learn these skills

  • Development
  • Land Use
  • Law and Policy
  • Regulations
  • Urban Design
  • Zoning Codes

AICP CM

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

View all courses available for CM credit.

CNU-A

This course is approved for 1.25 CNU-A credit.

Meet Your Instructor

Daniel Parolek

Daniel Parolek

Daniel Parolek is a nationally recognized thought leader in architecture, design, and urban planning, specifically in terms of creating livable, sustainable communities and buildings that reinforce them.

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Daniel K. Slone

Daniel K. Slone

Daniel K. Slone is a partner of McGuireWoods LLP in Richmond, VA. Dan assists innovative clients in designing and implementing their projects.

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