Form-Based Codes 101: Legal Aspects
Wednesday, February 7, 2018, midnight
Thursday, December 31, 2020, midnight CST
CM | 1.25
L | 1
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.
Daniel Parolek is a nationally recognized thought leader in architecture, design, and urban planning, known for creating walkable, sustainable communities and designing buildings that reinforce them. He has always had a strong interest in how a mix of appropriate building types can create diverse, accessible neighborhoods. In 2010 this interest culminated in the conception of the term Missing Middle Housing. Over the past 16 years, he has led many communities, small and large, to implement their visions with a new approach to zoning called Form-Based Coding, about which he co-wrote what’s been called “the definitive handbook.”