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New Urbanist Codes Overview Sessions Workshops Special Events Hot Topics People ~9Tl~t`it*~t1 P[~rit~it~~ ~~t~Cia1 it~i3 Saturday I Sunday ~ Monday ~ Tuesday ~ Wednesday New Urbanist Codes Sunday, April 25, 2004 By Lynn Ross ' APR Research Associate Netiv Urbanist Codes, the second session of Sunday's Bettman Symposium, offered a variety of perspectives on this type of regulation to a large and engaged audience. Moderator Dwight Merriam began with a brief session overview and discussion of the different ways to regulate. Merriam noted that land use regulation generally falls into three categories: • Codes the regulate the physical form • Codes that regulate land use and density • Codes that regulate operation and daily use Page 1 of 2 New urbanist codes operate under a very simple general principle: Regulate the physical farm and everything else (land use, density, operation, and daily use) will fall in line. As more communities adopt new urbanist or form-based regulations, questions are raised regarding the legality and practicality of these codes. What does it mean to have aform-based code? What are the legal issues with this type of regulation? How does the form-based code measure up to traditional zoning? These three important questions were addressed with the expertise of three leaders in the field: Victor Dover of Dover, Kohl & Partners Town Planning; Bob Sitkowski of Robinson & Cole; and Chris Duerkson of Clarion Associates. Victor Dover, AICP, addressed the first key question. Dover pointed out that new urbanist or form-based codes are not a new concept -some of the earliest plans ever created feature the same principles promoted by these regulations. Form-based regulations code by building type, street type, or neighborhood sub-area/transect zone. These codes are generally composed of four key elements: 1. A Regulating Plan 2. Urban Standards 3. Architectural Standards (optional) 4. Street Standards Form-based codes can be applied far a variety of purposes, from fixing setbacks and creating mixed use to overlay plans to citywide implementation. Regardless of application, all form-based codes begin with a physical vision of what the community considers ideal. This vision is then heavily illustrated in the code itself. Attorney, architect and planner Robert Sitkowski followed Dover with a discussion of the legal aspects of new urbanist codes. Sitkowski outlined what he terms "the legal transect" of form-based coding: authority, prescription, and delegation. Authority. The ability to regulate form dates back to the 1926 Standard State Zoning Enabling Act. Despite the focus on form, Sitkowski noted that form-based codes cannot abandon the regulation of uses. Doing so would pit these codes directly against current federal laws including RLUIPA and Fair Housing, which specifically 2/3/2005