February 11, 2013
Is New Urbanism the End of Land Use Law?
Jonathan Zasloff of UCLA asks why there's very little case law on form-based land use codes:
Alternatively, you could argue, as many critics of New Urbanism do, that its land use philosophy is essentially a boutique product, suitable for Berkeley, Boulder, or Austin, but not for “real” American places. Thus, it is not prevalent enough to generate cases. This argument runs aground on facts. New Urbanism does not work everywhere, but it is hard not be impressed by the wide variety of American communities that are adopting it.
February 11, 2013 | Permalink
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I looked at Jonathan's list of locales that did this. Many links did not work, and most places looked less than inviting. Perhaps form-based is just another name for we're just desperate for something, make us an offer. But one fancy place on the list was in Mountain View, CA. EPA gave kudos for its smart growth, and the EPA's description indicated that the (very nice) high density residential development was the product of considerable negotiation: http://www.epa.gov/smartgrowth/case/crossing.htm
So don't throw out the Euclid-oriented materials just yet.
Posted by: Bill Fischel | Feb 13, 2013 12:25:10 PM