|
While traditional zoning identifies a regula-
<br />tory black box on a lot for the applicant to fill,
<br />form -based codes fill that box with a struc-
<br />ture that works in the community context.
<br />Changes to the way a community mea-
<br />sures building form can result in all kinds
<br />of questions from applicants, along with
<br />some creative interpretations of the code.
<br />For example, while height restrictions are
<br />standard in traditional regulations and usu-
<br />ally expressed in feet, in a form -based code
<br />building height is used to ensure that all
<br />structures in a specific area "fit" together,
<br />and may be expressed in stories rather than
<br />feet. Where the form -based code does not
<br />specify a measurement range for a story, an
<br />applicant may decide to extend the height of
<br />each story and ultimately the height of the
<br />structure, thus undermining the whole con-
<br />cept of "fit."
<br />Finally, Public Space Standards regu-
<br />late streets and public spaces. Creating
<br />walkable communities is a core tenet of
<br />form -based coding, so the street standards
<br />are both pedestrian- and automobile -
<br />oriented. These standards include: (i) the
<br />design of individual street types (also called
<br />thoroughfares, but that's always harder to
<br />spell) with travel lanes, bike lanes, parking
<br />areas, and sidewalks; (2) the design and con-
<br />nectivity of the overall street system; and (3)
<br />required streetscape standards. The active
<br />regulation of public spaces may be a new
<br />idea in communities with traditional zoning
<br />regulations; public space dedication is more
<br />typically a function of subdivision design.
<br />Explaining the function, size, and design
<br />requirements of the various types of public
<br />spaces will need to be part of the implemen-
<br />tation process.
<br />Drafting Tips for Form -Based Codes
<br />The best way to head off the angst of change
<br />when moving from a conventional code to a
<br />form -based code is to take care in the initial
<br />drafting of the new code. Code ambiguities
<br />resulting from poor drafting are often the
<br />subjects of the first code amendments after
<br />the initial code adoption. Head off difficulties
<br />by addressing the following before adopting
<br />the code:
<br />Statutorily Defined Terms. Some state
<br />and federal statutes use terms that attach
<br />specific meaning to land -use requirements.
<br />In these cases, it is very important to use
<br />those terms (accurately) and to not invent
<br />VAIJIOM
<br />-
<br />aS_-
<br />O.
<br />Outdoo
<br />paceTry.pei
<br />i ��� m I Flexible Outdoor
<br />_ 'f APlaza -
<br />EWFF
<br />IAONFORG�E,!"
<br />Existing= - -
<br />Outdoor- z - i
<br />Space.
<br />_ mC. BON
<br />G
<br />. Existing
<br />:outdoor' "
<br />- Space
<br />..�.:J•Outdoor
<br />Space Type:
<br />} Pocket
<br />PEpa .
<br />Park.
<br />Outdoor Spa"cce Type;
<br />Gr�eenway
<br />The form based codefor the
<br />Boulder Junction area;m Boulder,
<br />Coloradospacespecifies required
<br />locations forth ferenttypes of;
<br />public
<br />City of Boulder
<br />new ones. For example, state statutes typi-
<br />cally use the term "variance" to describe
<br />and enable a particular land -use approval
<br />that must meet specific statutory standards.
<br />In that case, the code should not create a
<br />new land -use approval process that does
<br />not adopt those same standards while refer-
<br />ring to it as a "variance." The same can be
<br />true for statutory planning words such as
<br />"exceptions" or "consistent." Furthermore,
<br />be aware of circumstances where the code
<br />language may have been the subject of court
<br />interpretation, as that interpretation must be
<br />respected if the same language is used.
<br />Plain English. While it is true that
<br />form -based codes have developed their
<br />own "terms of art," the more that the code
<br />uses plain English, the more readable,
<br />understandable, and usable the new code
<br />will be. The reader should not have to take
<br />a secondary language course to understand
<br />how the code works. Use short declara-
<br />tory sentences, avoiding the passive voice.
<br />Write like Hemingway, not like Faulkner,
<br />when writing a code. Do not use two words
<br />when they have the same meaning; as one
<br />practitioner has stated: "To add is human,
<br />to delete is Divine." Words that are used
<br />repeatedly throughout code must retain the
<br />same meaning in all contexts. Be very clear
<br />about when standards or procedures are
<br />mandatory (use the word "shall" or "must"),
<br />as opposed to when they are advisory ("are
<br />encouraged to" or in many jurisdictions
<br />"may"). We counsel clients that advisory lan-
<br />guage means that the regulation is optional
<br />and the applicant can choose to opt out.
<br />Statements of Intent. Statements of
<br />Intent, particularly in the introductory provi-
<br />sions of the form -based code, can be very
<br />helpful to explain the purpose of the form -
<br />based code and what it seeks to achieve.
<br />Because the new code will often dramatically
<br />change the regulatory framework, form -
<br />based codes may usefully contain a fuller
<br />description of intent than a conventional
<br />code. Once the visioning and educational
<br />process of community involvement leading
<br />up to code adoption is ended, the statement
<br />of intent articulates and carries forward
<br />this community vision for the future users
<br />of the code. For example, the Miamizl code
<br />includes an extensive description of purpose
<br />and intent, including "guiding principles"
<br />that describe goals for the city, the com-
<br />munity (including neighborhoods), and for
<br />blocks and building (see miamizs.org). The
<br />Nashville Downtown Code (DTC) has an
<br />extensive introduction section that provides
<br />information about both why the code estab-
<br />lishes specific regulations and how those
<br />regulations will be applied to meet com-
<br />munity goals. For example, in support of the
<br />goal to "create and nurture urban neighbor-
<br />hoods," the introduction explains:
<br />To create these distinctive urban neighbor-
<br />hoods, the DTC aligns the regulations of
<br />each subdistrict with the intended char-
<br />acter of the neighborhood. For instance,
<br />the South Gulch is envisioned to continue
<br />as a high-rise and midrise, mixed -use
<br />neighborhood. The DTC codifies mid -rise
<br />height in the general subdistrict and allows
<br />high-rise buildings on key intersections
<br />and along important streets. In contrast,
<br />the North Gulch is envisioned to be a low-
<br />rise neighborhood — to preserve Capitol
<br />views and transition into the Hope Gardens
<br />and John Henry Hate neighborhoods. The
<br />DTC codifies this vision by capping the
<br />overall height, altowing for less intense
<br />development such as two story houses and
<br />townhouses, and encouraging porch and
<br />stoop frontages.
<br />ZONINGPRACTICE 4.18
<br />AMERICAN PLANNING ASSOCIATION Ipage3
<br />
|