Monday, February 18, 2013
Last week I wrote a blog post stating two hypotheses for why there are so few form-based code cases. Briefly, my hypotheses were that form-based codes are still largely optional in jurisdictions where they would be controversial; or, in the alternative, they are essentially acting as a form of pre-project approval for large developments, and thus have implicit developer approval.
I received several great comments from all over the country, both from professors and practicing attorneys, each largely confirming my hypotheses. That was re-assuring! I wanted, in particular, to acknowledge the helpful comments of Nick Morantz, a Ph.D. candidate at MIT's planning school, who has studied the issue and wrote the following nice summary to me:
Based on my observations, form based codes seem to fall into four broad categories: (1) advisory documents; (2) components of design guidelines for expedited permitting review; (3) components of CC&Rs for homeowners associations; and (4) binding public law. Categories 1 and 2 correspond to your hypotheses. Category 4 seems vanishingly small.
Mr. Morantz, who has studied form-based codes in depth, recommended Blaesser's Discretionary Land Use Controls as the best compilation of form-based code cases. He has also written an interesting book chapter I’d recommend, “The Business of Codes: Urban Design Regulation in an Entrepreneurial Society,” along with MIT planning professor and planning department head Eran Ben-Joseph in the book Urban Design in the Real Estate Development Process.
Thanks to Mr. Morantz, and all the others, who wrote in on this interesting topic.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- Stephen R. Miller on What makes people leave rural areas, and what makes them stay
- Water Down Under: A Report from Australia by Barbara Cosens: Post 5: Indigenous Rights to Water and Capacity Building
- Land Use Law-Related Articles Posted on SSRN in February
- March 4-6: Stanford 2015 Rural West Conference: Preservation and Transformation: The Future of the Rural West
- March 3 - J.B. Ruhl to deliver Boehl Distinguished Lecture in Land Use Policy at U Louisville Law
- Is this blog post "advertising"? California's bar proposes bright-line rule for regulating attorney blogs