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Legal Issues for Form-Based Codes

Form-based codes (FBCs) have made a big splash in re-zoning, general plan updates and among land use professionals and stakeholders. Learn what form-based codes are from a legal definition, and the authority for form-based codes. Instructor Mark White evaluates the nuances of due process issues, takings, suburban uses of FBCs and exclusionary zoning.

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Course Info

  • Duration 8 video lessons (80 Mins)
  • Published Published
    2013
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Browse Course Chapters

  • 1. Introduction (19 mins)
  • 2. FBC Authority (15 mins)
  • 3. Constitutional Issues (9 mins)
  • 4. Deemphasizing Use Regulation (2 mins)
  • 5. Common elements of FBCs in the Courts (11 mins)
  • 6. Teeing It Up (1 min)
  • 7. Drafting FBCs (9 mins)
  • 8. Conclusions and Q&A (10 mins)

Course Description

Form based codes (FBCs) have made a big splash in re-zoning, general plan updates and among land use professionals and stakeholders. Learn what form based codes are from a legal definition, and the authority for form based codes. Instructor and practicing lawyer Mark White evaluates the nuances of due process issues, takings, suburban uses of FBCs and exclusionary zoning. Mark leads participants through national judicial precedents and hot cases to watch on parking, frontage, connectivity and several other elements that FBCs have seen, or will see challenge in the courts. The course concludes with a discussion of calibration, legal due diligence and public engagement especially with regard to communication and hybrid codes. This is a must take course for any planner, whether refreshing legal kowledge for CM Credit or looking for a resource to better understand the changing structure of zoning in land use.

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

Learn these skills

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

AICP CM

This course is eligible for 1 AICP CM credit.

CNU-A

This course is approved for 1 CNU-A credit.

Meet Your Instructor

Mark White

Mark White

S. Mark White is recognized as an expert in zoning and planning/land use law.

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