Report: Law & Legislation Related to Planning - Form Based Zoning

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FORM-BASED ZONING

PLAN 640 / URSC 48 - Law & Legislation Related to Planning | Submitted By: Avinash Shrivastava


FORM-BASED ZONING

Submitted by: Avinash Shrivastava


FORM BASED ZONING Contents Introduction .............................................................................................................................. 1 What is a Form Based Code? .................................................................................................... 2 What does the FBC do?............................................................................................................. 4 The Transect:............................................................................................................................. 4 Goals of the Form Based Code.................................................................................................. 5 Elements of Form Based Code .................................................................................................. 5 How is it Regulated? ................................................................................................................. 6 What is Regulated? ................................................................................................................... 6 Charrette Process...................................................................................................................... 7 General Process ........................................................................................................................ 7 Implementation of Form Based Codes ..................................................................................... 7 Benefits of Form Based Codes over Traditional Zoning.......................................................... 11 Pitfalls of Form-Based Coding ................................................................................................. 13 Code is a law ........................................................................................................................... 15 Conclusion ............................................................................................................................... 16 References: Text ..................................................................................................................... 17 References: Figures and Tables .............................................................................................. 17

Submitted by: Avinash Shrivastava


FORM BASED ZONING

Submitted by: Avinash Shrivastava


Introduction

FORM BASED ZONING

Since its origins in the early twentieth century, the underlying intent of zoning has remained essentially unchanged; to protect the health and safety of residents – largely defined by the presence of detached single-family homes – from the threats associated with proximity to nonresidential uses. 1The Standard Enabling Acts of the 1920’s granted government the broad authority to enact zoning ordinances to reduce population densities in cities for the purpose of health, safety and well being. The United States Supreme Court upheld this authority as constitutional in the landmark case of ‘The Village of Euclid, Ohio v. Ambler Realty Co.(1926)’2and in the subsequent case of ‘Nectow v. City of Cambridge (1928)’. Euclidean zoning, characterized by the separation of land-uses into distinct residential, commercial, and industrial zones, has been largely successful in meeting this goal. Unfortunately, the segregation of uses has also led to sprawling development patterns, mediocre buildings, and faceless places.1 Euclidean zoning makes it extremely difficult to mix uses. As a result, “traditional” development patterns with high-density housing, nearby commercial and pedestrian-friendly walkways are virtually impossible to create. Many critics suggest that zoning promulgates sprawl. In short, Euclidean zoning prevents “good” urban design.2 This development paradigm has come under increasing assault throughout recent decades by the New Urbanists, a movement made up of architects, planners, citizen activists, and public officials that seek to replace sprawl with compact, mixed-use, and vibrant communities. New Urbanist critiques of suburban

Figure 2: From this...

sprawl and the traditional zoning codes that enable it have struck a chord with politicians, planners, and residents across the country, leading many to question the Euclidean zoning paradigm.1 Figure 1: ...to this

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FORM BASED ZONING

In recent years, new trends have emerged to

address these problems to varying degrees of

success. Form-Based Codes (FBC’s) are one of the most recent planning innovations. With origins in the New Urbanist school of development, FBC’s Figure 4: Euclidean Zoning

elevates physical design in city planning, as opposed to the “use-based” restrictions of Euclidean zoning. 2 FBC’s represent a fundamentally different way of regulating land-use, with a focus on physical form and a community’s design vision rather than simply buffering incompatible uses. 1

Figure 3: Form Based Zoning

What is a Form Based Code? “A form based code is a zoning code that is designed to regulate development to achieve a specific urban form. Form-based codes create a predictable public realm primarily by controlling physical form, with a lesser focus on land use, through city or county regulations.” -

Form Based Code Institute (FBCI)

Form based zoning is one of the latest examples of a popular planning idea. The basic idea is that zoning has gotten too pre-occupied with fine grained differences in land uses and has lost site of the “form” of development. The real issue may not be that the land use is inappropriate, but that the form of the building doesn’t fit in with those around it. Where an urban area has a definable character and form, form-based zoning may make a lot of sense. FBC’s have been described as the “DNA of livable communities” – defining human scale. These codes are community-built and driven. The community – residents, business owners, community institutions, developers, property owners, and real estate professionals – with professional assistance, creates a vision for the district and develops standards to bring that vision to life.

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FORM BASED ZONING

The results are neighborhoods with vibrant business districts and the qualities that neighborhood residents value: a safe,

attractive environment that accommodates

Figure 5: Existing

pedestrians, transit and bicycles as well as cars; a range of housing types and businesses; and great public spaces – plazas, greens, parks and squares – that foster a sense of community.

Figure 5: Effects

Form-based codes have proven successful results. Cities across the country, including Nashville, Louisville, Portland, and others are

Figure 7: Future

using form-based codes to stimulate neighborhood investment. In Nashville, districts where form-based codes were implemented experienced a 75% growth in taxable value over five years, compared to overall growth of 28% throughout the county. 3 Form-Based Codes regulate fewer elements than typical zoning regulations because the provisions do not constrain every possible combination of setback and density. Euclidean zoning is often considered a “placeholder” until development occurs on a specified site. As such, the physical form of the site is largely unpredictable. Conversely, form-based regulations considers important aspects and do not attempt to control every possible aspect of a development.

Form-Based Codes are developed with an end result in mind. It functions as a template whereby having clear controls on building form, landowners and their neighbors can easily predict what future development would look like. In short, Form-Based Codes function as a “recipe for building entire, functioning neighborhoods that include all types of housing and the supporting commercial uses that bring life’s daily needs to the neighborhood.

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FORM BASED ZONING

Design standards directed by Form-Based Codes do not limit a building’s usage. In fact, just the opposite occurs. Because use is a secondary consideration, the market directs the appropriate use to the site based upon the prescribed building form. For example, a Form-Based Code might direct development along a commercial strip to consist of buildings between two and six stories closely abutting the street. This code likely produces a commercial or retail operation on the ground floor, with residential uses situated on the upper floors. Moreover, as the neighborhood’s demographics or needs changed, the building’s use could easily evolve to reflect these changes without augmenting the initial code whatsoever.2

What does the FBC do? Form-based codes emphasize form over function. 3 The FBC attempts to recognize the value of existing buildings in an area, so that the building fabric, as observed from the public right of way, is relatively consistent. 4 It focuses on the physical character of buildings, and the relationship of buildings to each other and to the street. 3 Form based zoning attempts to replicate the organic process by which our existing downtown neighborhoods grew, over time, but with each new element generally trying to fit with those elements that came before it. 4

The Transect: The Form Based Code (FBC) uses a transect, which is a planning tool to define a series of zones that transition from sparse rural to the dense urban core. A major feature of a transect is that it incorporates a variety of residential and commercial spaces into a single neighborhood. 4

Figure 8

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FORM BASED ZONING

Goals of the Form Based Code •

Develop a code that is more visual based than text, which will be easier for the public to use and understand.

Draft a code to achieve a community vision based on time-tested forms of urbanism.

Position for positive and flexible future development and redevelopment.

Review and encourage responsible development that reuses established infrastructure.

To promote a walk able community.4

Emphasize on Urban Design and Quality of Place.5

A FBC can be used to: Maintain–Existing character, historical quality Improve–Aesthetics, function Transform–Create a desired image5

Elements of Form Based Code Form-based codes commonly include the following elements: •

Regulating Plan: A plan or map of the regulated area designating the locations where different building form standards apply, based on clear community intentions regarding the physical character of the area being coded. These standards are presented through the use of clear, diagrammatic graphics and accompanying text, and typically include specifications for the allowed height, siting, elements and uses for each building type.

Building Envelope Standards: Regulations controlling the configuration, features, and functions of buildings that define and shape the public realm.

Public/Street Space Standards: Specifications for the elements within the public realm (e.g., sidewalks, travel lanes, on-street parking, street trees, street furniture, etc.).

Administration: A clearly defined application and project review process.

Definitions: A glossary to ensure the precise use of technical terms.

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FORM BASED ZONING

Form-based codes also sometimes include: •

Architectural Standards: Regulations controlling external architectural materials and quality.

Landscaping Standards: Regulations controlling landscape design and plant materials on private property as they impact public spaces (e.g. regulations about parking lot screening and shading, maintaining sight lines, insuring unobstructed pedestrian movements, etc.).

Figure 9

Signage Standards: Regulations controlling allowable signage sizes, materials, illumination, and placement.

Environmental Resource Standards: Regulations controlling issues such as storm water drainage and infiltration, development on slopes, tree protection, solar access, etc.

Annotation: Text and illustrations explaining the intentions of specific code provisions.6

How is it Regulated? FBC’s are regulated in both text and graphics to make it clearly understandable without discrepancies. The three factors considered in the regulation process are: •

Purpose & Intent –District & Regulations

Regulation by Type

Administrative Departures

What is Regulated? Building Elements

: Transparency, Articulation, Roofs, Materials, Entry, Height

Building Site & Placement

: Lot Dimensions, Perimeter Setbacks, Build-To Lines

Use

: Use Categories, Approvals

Accessory Provisions

: Parking, Signs, Landscaping, Screening, Sidewalks, Accessory Buildings, Lighting

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Charrette Process

FORM BASED ZONING

Crafted based upon stakeholder input, Form-Based Codes enable a community’s “vision.” This vision represents a future land use plan for the community as identified by stakeholders. While the general template for the code is relatively unchanged, each separate community wholly determines its own unique vision. To achieve the community vision, experienced code practitioners lead stakeholders in what is called a “charrette.” A charrette is the process by which local stakeholders develop a physical plan for their community.2 These charrettes, typically led by contracted design professionals or local planning officials, may involve hundreds of people, and can last as long as a week. Over the course of the week, community members discuss community priorities, address design constraints and issues specific to the area, and generate a design vision for the future of the neighborhood. The resultant FBC is usually little more than a codification of the design vision agreed to during the charrette process. In addition, a community design charrette can also yield other benefits, educating the community about urban design concepts and providing an opportunity for local residents to interact with developers and other involved parties in a non-confrontational setting.1

General Process •

Develop the commitment to better places.

Determine type of code desired – Hybrid, Parallel, and FBC.

Identify existing “forms” of the community that should be maintained or new ones that should be achieved.

Describe and Document.

Develop Code that matches the forms.5

Implementation of Form Based Codes How form-based codes are incorporated into a local government's development regulations? Following are the three basic ways:

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FORM BASED ZONING

Mandatory codes. This is the most commonly followed approach. Although it has the most regulatory "teeth"—compliance is required, it is the most ambitious of the approaches, making the new code a seamless part of, or a complete replacement for, the existing zoning ordinance. The form-based code can be adopted as a new zoning district or as an overlay district. Unique to California and a few other states with appropriate enabling legislation, form-based codes can be contained within a planning document called a "specific plan," which can completely override the zoning ordinance for a given geographic area. Since it is distinct from the zoning ordinance, it can be more creative in its format, giving the coder greater freedom in designing for user-friendliness through page layout, diagrams, and illustrations. Moreover, the urban design plan and the implementing regulations are bundled together which significantly improves user comprehension. But since the specific plan is not securely integrated within the existing zoning ordinance, it may be more politically vulnerable to retraction. Example adopted codes: Winter Springs Town Center District Code, Winter Springs, Florida Farmers Branch Station Area Form-Based Code, Farmers Branch, Texas Central Petaluma Specific Plan and Smart Code, Petaluma, California

Optional (parallel) codes. An optional or parallel form-based code serves as an alternative, but doesn't replace, a present zoning ordinance.. The developer has the choice (voluntary) of complying with either form-based code or the zoning ordinance, but it must be one or the other. This approach is effective when compliance with the zoning ordinance is very difficult and time consuming, thereby hindering most of the development. Hence a developer has the option of following a form-based code that will streamline and simplify his development process. However, for a local government to maintain two different sets of development regulations for one area is added work which can be significant and substantial if the area is extensive. Also depending on the area being regulated, if some developers choose the form-based code and others do not, the possibilities for integrated place-making can be compromised.

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Example codes:

FORM BASED ZONING

Columbia Pike Form-Based Code, Arlington County, Virginia Pike Road Smart Code, Pike Road, Alabama Pass Christian Smart Code, Pass Christian, Mississippi

Floating-zone codes. Floating-zone codes are most often written to facilitate master-planned suburban communities and are also called PUDs (Planned Unit Developments). These codes are now also being written as form-based codes to facilitate urban development. A floating-zone form-based code does not contain a regulating plan but includes instructions and standards for developers to follow when they prepare a regulating plan for their property (e.g. maximum block dimensions, street types, building types, open space accessibility, and side-walk widths.) This distinguishes floating-zone codes from the other two approaches. Floating-zone codes allow local governments to establish urban form standards for development without incurring the expense of developing urban design and regulating plans. Developers are given the freedom, within clear parameters, to prepare regulating plans for their property that are likely to meet government approval. Developers create the regulating plans and the urban designs that they facilitate, but the local government sets the standards. A developer submits his or her regulating plan for approval through the rezoning process. Upon rezoning, the floating zone replaces the prior zoning for that property and the regulating plan becomes binding. Example codes: Miami/Dade County TND District, Dade County, Florida Towns, Villages, Countryside Land Development Regulations, St. Lucie County, Florida Flowood Smart Code, Flowood, Mississippi Montgomery Smart Code, Montgomery, Alabama (not to be confused with the mandatory Smart Code for downtown)

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FORM BASED ZONING

Initially a local government may wish to adopt a form-based code for its entire jurisdiction following one approach .However they may find this too ambitious with short-term resource and political limitations which requires a more focused effort. Instead it may wish to follow one approach for a smaller area, and then phase in other areas using the same or different approaches as needed. Also a floating-zone code could be adopted for large areas awaiting the public resources coming later that would allow the local government to draft its own regulating plans. Whatever approach (or combination of approaches) is followed, simplicity and consistency helps at the permit desk where the code is implemented.6 Abridging the above, application of form based codes can be summarized as follows: There are four components which are extremely necessary for successful implementation of a Form-Based Code. First, clear and concise standards specifically link design standards to measurable objectives and results. This allows a greater comprehension of expectations among all stakeholders. Secondly, Form-Based Codes should be style neutral which prevents “overdesigning” a particular community. Generally, Form-Based Codes represent a more permissive style than conventional appearance regulations associated with Euclidean zoning. Thirdly, codes should be easily understood because Simple graphics and photos of acceptable parameters lend support to good codes. Finally, permitting should be streamlined as controlling an efficient and predictable permitting process saves times and money for all parties. Municipalities that elect to incorporate Form-Based Coding into their regulatory framework have three options 1) Communities may modify existing regulatory codes to include new criteria for building forms. This might consume substantial time and prove cumbersome as generally, most regulations provide for the segregating of use, limited densities, and the accommodation for traffic and parking. 2) Communities may replace existing zoning regulations with a Form-Based Code. This solution might be best for communities with a strong history of adherence to “Smart Growth” initiatives. However, eliminating an entire regulatory framework could be quite controversial.

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FORM BASED ZONING

3) Communities may adopt a new Form-Based Code expressly for districts planned for urban expansion of revitalization. Existing zoning framework may remain, and adjusted as dictated by community needs. 2

Benefits of Form Based Codes over Traditional Zoning Benefits associated with Form-Based Coding include increased community involvement, better comprehension of the regulations, improved flexibility, the promotion of good urban design, and enlarged community equity. Form-Based Codes work best with the charrette and the community visioning process. Also community members have the opportunity to actively participate in the decision-making process. Significantly, this stakeholder involvement characterizes a largely proactive process. This involvement contrasts starkly with the largely reactive, NIMBY-based community participation facilitated by traditional Euclidean zoning. Conventional Euclidean zoning regulations represent knee-jerk reactions to an undesirable occurrence. Thus, zoning regulations are structured so as to prevent other undesirable occurrences, rather than facilitating and encouraging good development practices. Form-Based Codes are based on simple graphic and text presentation of regulations. Thus a common citizen, who is not fluent in legalese, could fully understand integral concepts like the regulating plan or building envelope standards. Furthermore, neighbors tend to be less skeptical of others’ development intentions when they can see a clear and accepted community vision in the physical plan. Form-Based Codes also facilitate a greater flexibility among both the implementing communities and the land developer. In the visioning process, stakeholders detail what is most suited for their community. Similarly, developers avoid maneuvering through the complicated formulas of Floor-Area Ratios, impact fees, long approval processes and the like. Thus, developers garner a greater understanding of expectations regarding the projects they build.

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FORM BASED ZONING

As building development is directed by the community vision (conceptualized in the physical plan), developers do not waste time pursuing uncertain projects. Consequently, developers save money through this increasingly streamlined approval process. More over As Form-Based Codes are closely tied to the New Urbanism, the provisions highlight essential characteristics of good urban design as reviewed in the literature. These elements of good design, contrasts to current land development practices resulting from traditional Euclidean zoning. Some of these desirable design elements include compact footprints, a mixing of uses, pedestrian-focused forms, creating a sense of place, affording access and mobility, and providing an efficient control mechanism. Poor urban design is largely due to the reactive nature of Euclidean zoning. Instead of encouraging and facilitating good urban design, zoning’s regulatory framework functions as a menu of prohibitions. Finally, the monetary value of buildings in neo-traditional developments resulting from FormBased Codes and similar design-based coding tend to increase at a greater rate than conventional developments. Home buyers are willing to pay a premium for traditional elements like connected street networks, smaller blocks, good pedestrian access, and proximity to mass transit. On average, single-family homes garner 15.5 percent more than homes in conventional suburbs. Similarly, land values increase significantly in areas where Form-Based Codes have been implemented. For example, Kendall, a suburb of Miami, Florida implemented a Form-Based Code in 2000. By 2003, the average land value per square foot had increased from $60 (2000) to $92 (2003); the average office leasing rates per square foot increased from $23-27 (2000) to $25-30 (2003); and the average retail leasing rates per square foot increased from $15-40 (2000) to $32-55 (2003). 2

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FORM BASED ZONING

Pitfalls of Form-Based Coding

As Form-Based Coding is a relatively new planning tool, determining whether or not this new version of coding achieves intended objectives could prove quite difficult. Additionally longterm evaluation is impossible at this juncture and one must examine incremental components of the Form-Based Code to determine their relative success. Other Weaknesses pertaining to Form-Based Coding includes lack of standardization, relative newness of the tool perceived support of an “urban” agenda, and possible gentrification. Lack of standardization, particularly relating to building type classifications, could hinder the expansion of Form-Based Coding. Standardization regarding building types (namely, what constitutes a “mid-rise tower” versus a “detached villa”) could prove quite helpful. As new practitioners of Form-Based Coding gain experience and begin to fully comprehend their methodologies, an industry-wide standardization could develop.. Until this new coding mechanism becomes a more common practice across the United States, inexperienced planners and urban designers must investigate Form-Based Codes through a process of trial and error. Currently, only a few planning/design firms are well versed in the practice of Form-Based Coding Additionally, because of the newness and unconventionality associated with Form-Based Coding, developers, local governmental leaders, lending institutions, and homeowners could prove resistant to change. These apprehensive feelings could wane as more stakeholders become familiar with the results of Form-Based Coding. Lane Kendig, also a critic of traditional Euclidean zoning, suggests that practitioners assert Form-Based Codes solely as a solution to land use problems. Consequently, suburban and rural character takes a backseat in favor of the advancement of a universal urban solution. This urban agenda might be defined as employing a grid-like network of roads, or buildings types of medium to high density.

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FORM BASED ZONING

Kendig further claims that Form-Based Codes to be environmentally insensitive as the regulations ignore landscape features and topography. Admittedly, one cannot assume FormBased Codes to be universally applicable, or function in a “one size fits all� mentality. Communities vary with regards to populations, resources, environment, and initiative. FormBased Codes do not preclude the need to plan based upon these varied components of community. The planning process addresses these variable elements, including landscape and topography, and incorporates them into the code. As Form-Based Codes are developed with a physical plan in mind, the building envelope standards or regulating plan for a rural hamlet or village will differ from those for a large metropolitan area or a Main Street district. Kendig also contends that Form-Based Coding ignores the economics of modern society, specifically economies of scale and job-home relationships. To some extent, this argument lacks merit. Form-Based Coding enables the opportunity to create a positive, healthy, equitable living community for all household income levels. Finally, questions pertaining to affordable housing must be addressed. Many critics perceive an inevitable gentrification of a community upon application of Form-Based Coding regulations. As the quality of development in a community increases, building prices and rents inevitably increase. Supporters of Form-Based Coding contend that affordable housing options could continue to exist as potentially six different types of housing could coexist within one city block (Katz, 2003). Form-Based Codes merely enable a wide range of housing options to exist in close proximity to one another. Moreover, some communities like Arlington, Virginia, created regulatory provisions to ensure a viable stock of affordable housing. Similarly, other communities incorporate inclusionary housing requirements and required diversity of building types into the Form-Based Code to adequately address affordable housing concerns. 2

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Code is a law

FORM BASED ZONING

The authority to create and enforce a development code most often belongs to government, but under some circumstances could also be derived from the powers of religious leaders or be based on social and cultural customs. Though a modern code is normally legally enforceable, unlike a plan, the difference between the two is not as straightforward as it would seem. Idealized models of human settlement can sometimes act like codes. One example is Clarence Perry’s neighborhood unit concept, which planning textbooks, government regulations, chambers of commerce, and social service agencies promoted after it was implemented at Radburn and Baldwin Hills Village, and which was widely accepted. Some rules that are not intended as development codes have indirect effects on physical form nonetheless. For example, those that dictate the existence of particular facilities affect urban form. Although it is sometimes difficult to distinguish FBCs from other types of rules, guidelines, standards, court cases, and legislation, all of which play important roles in city form, the historical trajectory traced in this article defines FBCs as having the following attributes: • Significant enforceability; • The intent to prescribe the public realm, often by regulating private building; and • The direct or indirect production of “time-tested forms of urbanism” -

Form-Based Codes Institute, 2008

Table 1

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FORM BASED ZONING

Only FBCs meet the three criteria directly, so that their intentions and effects are the same, but codes, laws and rules that meet one or more of these criteria indirectly may be part of the FBC lineage, though they are not FBCs themselves.7

Conclusion The Euclidean zoning remains relatively unchanged over the greater part of a century and Form-Based Codes provide planners across the country a new impetus to creating livable communities. Codes provide an innovative tool in the practice of land development regulation and it relies on physical design, bucking the trend of conventional use-based regulation. These codes seek to address to the undesirable consequences of Euclidean zoning. These consequences include the promotion of sprawl, the exclusion of certain populations, the incomprehensibility/inflexibility of current zoning ordinances, and the inability to create healthy, attractive communities of mixed uses. Form-Based Codes generally adhere to fundamental principles of urban design. Since it is accepted in a limited number of communities across the United States, it is too early to determine if this new planning tool achieves its intended objectives. However, Form-Based Codes are not without fault, and should not be considered a cure for all the negative consequences of current land development practices. Planners’ lack of experience with this new tool and communities’ reluctance to change are two of Form-Based Codes’ largest barriers to implementation. Yet, the innate proactive, community-based principles of Form-Based Coding cannot be ignored. For these reasons alone, Form-Based Codes must be considered a considerable step forward for the planning profession.

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References: Text

FORM BASED ZONING

1. Kohar, R. Todd (June 2004). “From Form to Function: An Evaluation of the Effectiveness and Potential of Form-Based Zoning Codes” Journal of Massachusetts Institute of Technology. 2. Burdette, T. Jason (April 2004). “Form-Based Codes: A Cure for the Cancer Called Euclidean Zoning?” Journal of Virginia Polytechnic institute and State University. 3. http://www.quallsforcouncil.com/pages/content/formbasedcodes.html 4. http://www.ci.dover.nh.us/planning/Zoning/form.htm 5. LSL Planning Inc., “Form Based Codes: A Practical Guide”. http://www.a2gov.org/a2d2/designguidelines/Documents/Seminar2FormBasedCodes.pdf

6. http://en.wikipedia.org/wiki/Form-based_codes http://planningwiki.cyburbia.org/Form_based_code 7. Talen, Emily. “Design by the rules: The Historical Underpinnings of Form-Based Codes”.

References: Figures and Tables 1. Figure 1, Figure 2, Figure 3, and Figure 4: Benjamin dela Peña. “Form-based zoning and other alternatives to the way we build our communities”. Smart Growth Leadership Institute. 2. Figure 5, Figure 6 and Figure 7: http://www.quallsforcouncil.com/pages/content/formbasedcodes.html 3. Figure 8: http://www.ongov.net/Planning/images/illust_urban_rural_transect_color.jpg 4. Figure 9: LSL Planning Inc., “Form Based Codes: A Practical Guide”. http://www.a2gov.org/a2d2/designguidelines/Documents/Seminar2FormBasedCodes.pdf

8. Table 1: Talen, Emily. “Design by the rules: The Historical Underpinnings of Form-Based Codes”.

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