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(including affordable units), overall square
<br />footage of new commercial space, and a
<br />brief list of new public amenities.
<br />AMENDING THE CODE
<br />Azoningcode, regardless of the approach,
<br />is a living document. Planners should antici-
<br />pate that the code will need to be amended,
<br />to fix "glitches," to adapt to changes in the
<br />planning and development environment,
<br />or simply to resolve policy conflicts. Plan-
<br />ners should embrace needed changes and
<br />address any difficulties head-on. What can
<br />the development community teach you
<br />about how the code is working or not work-
<br />ing? What feedback is the public and the
<br />administrators of the code providing? The
<br />first several years of implementation may
<br />demonstrate that definitions or rules of
<br />measurement need adjusting, or the internal
<br />inconsistencies need to be resolved.
<br />Later, more complex issues resulting
<br />from experience with development propos-
<br />als may become apparent, or larger policy
<br />changes may point to the need for new zon-
<br />ing districts or standards.
<br />Greater experience with the code
<br />may also lead to recognition ofa need for
<br />administrative or staffing changes. If open
<br />communication between all the stakeholders
<br />can be nurtured, and an attitude of prob-
<br />lem solving be maintained, the necessary
<br />changes can improve the effectiveness of the
<br />form -based code.
<br />ABOUT THE AUTHORS
<br />Denver's form -oriented code has
<br />been in place tong enough for staff to have
<br />recognized at least two distinct trends in
<br />amendments. During the first four or five
<br />years, many of the amendments related to
<br />clarifications, rules of measurement and
<br />definitions, and internal inconsistencies.
<br />After working to clarify and revise those
<br />aspects of the regulations, the second era
<br />of amendments started to address issues
<br />that come with experience with the code.
<br />These amendments have included con-
<br />sideration of the creation of new districts,
<br />new approaches to existing form regula-
<br />tions, refinement to regulations to address
<br />unanticipated outcomes, and balancing
<br />flexibility and clarity.
<br />To organize the amendment requests
<br />and determine what to consider and what to
<br />abandon, Denver holds a weekly technical
<br />team meeting to review change requests.
<br />The requests are grouped into four cat-
<br />egories: clerical error, clarification, minor
<br />policy or rule changes, and major policy
<br />or rule changes. The first three categories
<br />are bundled into annual amendments. The
<br />fourth category of changes are considered
<br />individually, fully vetted by staff, and
<br />may need case studies in support of the
<br />requested change.
<br />One recent area of change was in
<br />the regulation of slot homes or sideways -
<br />facing town homes. Residents felt that the
<br />layout of this housing form was detracting
<br />Nancy Stroud, AICP, is a founding member of the law firm of Lewis, Stroud & Deutsch. Her
<br />practice focuses on land -use law for local governments. Prior to opening her own firm,
<br />she led the local government land -use department ofa Fort Lauderdale firm that provided
<br />representation as municipal attorneys for 18 municipalities in the south Florida region. Stroud
<br />is a member and officer of the Form Based Codes Institute. She was the legal consultant for
<br />the Miami21 form based zoning code and associated comprehensive plan amendments,
<br />which received the zo11 APA National Planning Excellence Award for Best Practice and the
<br />zoio Richard Driehaus Form -Based Code Award.
<br />Elizabeth Garvin, AICP, is planning director of SAFEbuilt Studio, where she works in the
<br />Denver office. Garvin's practice focuses on planning and land -use taw, regulatory drafting,
<br />sustainability, and planning processes for public -sector clients. She has prepared numerous
<br />"traditional" zoning codes and subdivision regulations for communities across the country and
<br />is currently an on-the-job student of form -based codes. Garvin writes the Rocky Mountain Land
<br />Use Institute legal column for Western Planner and is a frequent speaker on zoning topics.
<br />The authors thank Tina Axelrad, Denver's zoning administrator, for her assistance with this article.
<br />from neighborhood design, and city staff
<br />identified slot homes as noncompliant with
<br />neighborhood design objectives. The city
<br />undertook a detailed review process that
<br />resulted in zoning changes.
<br />GOOD CHANGE REQUIRES WORK
<br />The continuum of form -based code adoption
<br />and application can be both challenging and
<br />rewarding. Our goal with this article is to
<br />ensure that communities understand that the
<br />work doesn't end with adoption. Anecdot-
<br />ally, we have heard of communities where
<br />the new form -based code is abandoned as
<br />unworkable or amended so as to lose its
<br />design effectiveness.
<br />We wonder whether those codes lost
<br />momentum after adoption because there
<br />was still more work to be done. As we see
<br />the continued success of form -based regu-
<br />lation where the codes have been in place
<br />long term, we want to encourage communi-
<br />ties with new codes to take these important
<br />steps toward structured implementation and
<br />acceptance of the form -based code.
<br />Cover: City and County of Denver
<br />Community Planning and Development
<br />VOL. 35, NO.4
<br />Zoning Practice (ISSN 1548-0135) is a
<br />monthly publication of the American
<br />Planning Association. James M. Drinan, Jo,
<br />Chief Executive Officer; David Rouse, FAICP,
<br />Managing Director of Research and Advisory
<br />Services; Joseph DeAngelis and David Morley,
<br />AICP, Editors.
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<br />ZONINGPRACTICE 4.18
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