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only one of the three communities discussed
<br />above that has effectively replaced existing zon-
<br />ing (at least within a specified area) through the
<br />SmartCode. Arlington County applies the form-
<br />. based code as an overlay option to the existing
<br />code while Louisville Metro has retained the
<br />existing zoning districts to regulate use and
<br />density, shifting design standards to the form
<br />districts. In general, form-based codes regulate
<br />use but are less proscriptive than conventional
<br />zoning, typically encouraging mixed uses and
<br />housing types. Again, the experience to date
<br />suggests that replacement of conventional zon-
<br />ingwith form-based systems will be an incre-
<br />mentalprocess as the concepts are further
<br />tested in practice and political acceptance
<br />grows. "Hybrid" codes that integrate aspects of
<br />form-based and conventional approaches are
<br />likely to be commorlresponses.
<br />Overall, representatives of each of the
<br />case study communities describe positive
<br />outcomes from their limited experience with
<br />the form-based development codes, including
<br />increased urban infill development and some
<br />higher-quality site and building design pro-
<br />posals. However, as with any new concept,
<br />they also acknowledge some issues, primarily
<br />the need for adjustments to address unfore-
<br />seen, site-specific circumstances.
<br />The application of form-based develop-
<br />mentcodes is new, and the few communities
<br />that have adopted various forms of these codes
<br />have done so in the last year or two. Therefore,
<br />it is not yet possible to provide a definitive
<br />account ofthe comparative benefits and detri-
<br />ments of different approaches, or overall suc-
<br />cess of these approaches as an alternative to
<br />conventional zoning. Afollow-up evaluation of
<br />the experience of these and other communities
<br />in several years is needed to provide a more
<br />conclusive assessment of the success of form-
<br />based development codes in practice.
<br />The authors would like to thank the following indi-
<br />viduals forsharing their experiences with form-
<br />based development codes: R. Wayne Bennett,
<br />Context Town Planning (formerly Director of the
<br />Louisville//efferson County Division of Planning and
<br />Development Services); Geoffrey Bornemann, Ciry
<br />Planner, City of Saratoga Springs; Deborah Bilitski,
<br />Esquire, /efferson County Attorney's Office; Charles
<br />Cash, Director, Louisville Metro Planning and Design
<br />Services; David Hulefeld, Assistant Director,
<br />Louisville Metro Planning and Design Services;
<br />^ Duany, Andres, and Emily Talen, "Transact Planning,"/ournal of theAmerican Planning
<br />Association, Vol. 68, No. 3, Summer zooz.
<br />^ Freund, Adrian P., "FORM, Character and Context in Jefferson County, Kentucky," APA San
<br />Diego Conference Proceedings, 1997•
<br />^ Katz, Peter, "New Approaches to Development Regulation: Draft Introduction," The
<br />Brookings Institution Center on Urban and Metropolitan Policy and the American Planning
<br />Association, January zoo3.
<br />^ Parfrey, Eric, "Duany, New Urbanists, and 'Form-Based' Zoning Dominate State APA
<br />Conference," Planners Tabloid, Sacramento Valley Section, California Chapter, American
<br />Planning Association, January zooq.
<br />^ Peirce, Neil, "Zoning: Ready to Be Reformed?"The Washington Post Writers Group, February
<br />z, zoo3.
<br />^ Talen, Emily, "Help for Urban Planning: The Transact Strategy," /ournal of Urban Design,
<br />Vol. 7, No. 3, October zooz.
<br />Geoffrey fenell, Geoffrey ferret! Associates LLC; Ann
<br />Hammond, Assistant Executive Director,
<br />Nashville/Davidson County Planning Commission;
<br />and Richard Tucker, Planner, Arlington County
<br />Planning Commission. ^
<br />NEWS BRIEFS
<br />ILLINOIS COMMUNITIES LIMIT BANK
<br />BRANCHES AND NONRETAIL USES IN RETAIL
<br />DISTRICTS
<br />By Rebecca Retzla/j; nrcp
<br />Respondingto concems overthe potential foss
<br />of sales taxes and pedestrian activity in com-
<br />mercialdistricts, several suburban Chicago com-
<br />munities recently issued temporary moratoriums
<br />on development of nonretail uses and financial
<br />institutions in central business districts.
<br />The cities of Highland Park, Long Grove,
<br />Batavia, Libertyville, Lake Forest, Hinsdale, and
<br />Buffalo Grove, Illinois, have each passed or are
<br />considering passing moratoriums that restrict
<br />development of nonretail uses in their down-
<br />town districts, in orderto gain time to figure out
<br />how to deal with their negative impacts.
<br />Highland Park passed a 130-day morato-
<br />rium on new permits for street-level business
<br />and personal services, office, professional,
<br />communications, recreational, educational, and
<br />financial uses in its central business district, in
<br />orderto consider limiting nonretail uses in the
<br />district. The moratorium was passed because of
<br />concerns that development of nonretail uses in
<br />the central business district would jeopardize
<br />funding for pubic works, infrastructure, parking,
<br />and streetscape improvements to the area. All
<br />these improvements have been substantially
<br />funded by sales tax revenue generated by retail
<br />uses. Pedestrian activity and the quality of the
<br />downtown business mix are also concems.
<br />Highland Park analyzed land use in the
<br />business district and found that uses not gener-
<br />atingsales taxes account for 3o percent of the
<br />total first-floor uses in the business district, and
<br />financial institutions represent lz percent of
<br />those uses. However, when looking at the
<br />actual square footage of the first-floor space
<br />occupied by those uses, nonretail uses occu-
<br />pied 34 percent of the district's square footage,
<br />and financial institutions used 67 percent of
<br />that portion. The analysis also found that the
<br />median linear building frontage for uses gener-
<br />atingsales tax in the district is yo feet, whereas
<br />it is 37 feet for those not generating sales tax,
<br />and zoo feet for financial institutions, which
<br />often locate in prime comer storefronts.
<br />Highland Park is now considering the
<br />creation of an overlay district on the major
<br />pedestrian-oriented streets in the business
<br />district. According to planning technician Ben
<br />Carlisle, the purpose of the overlay zone is "to
<br />limit the impact ofnon-sales-tax-generating
<br />uses on our core pedestrian streets." Carlisle
<br />says that the main issues that concerned the
<br />city were the impact of nonretail uses on sales
<br />taxes, pedestrian traffic, and the city's goals
<br />for maintaining its retail core.
<br />Long Grove adopted a 9o-day morato-
<br />rium in February zooq for new nonretail uses
<br />in its business districts, following the comple-
<br />ZONINGPRACTICE 05.04
<br />AMERICAN PLANNING ASSOCIATION I page 6
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