Throughout the country, local governments regulate the use of
land in a similar fashion: by mapping out a plan that governs the
separation of uses of physical space in the community, and then
implementing the plan on a case-by-case basis according to
use-specific zoning ordinances. These designations focus on whether
a proposed use fits into segregated categories, such as residential
or commercial, and prescribe set-backs, height limits, acceptable
densities, and pre-approved business uses. However, a New Urbanist
variant on this regulatory structure, known as "form-based
code," is gaining momentum as an alternative to traditional
zoning codes and ordinances. Jurisdictions throughout the country -
including several in Virginia1 - are experimenting with
new zoning code provisions that emphasize the physical form of the
built environment, in sharp contrast to prior ordinances that
merely considered the property's use.
Form-based codes seek to achieve a community vision for
high-quality public spaces defined by a variety of building types
and uses in a given area.2 These provisions should not
be confused with design guidelines, which attempt to control how
buildings look. Rather, form-based codes regulate the key aspects
of urban form in a prescriptive way (i.e. state what you want)
rather than a proscriptive one (i.e. state what you don't
want). For example, the City of Portsmouth's form-based code
incorporates "a regulating plan, building form standards,
street standards, use regulations as needed, descriptive building
and/or lot types, and other elements required to implement the
principles of functional and vital urbanism and practical
management of growth."3 In addition, the 92-page
code makes liberal use of matrices, color diagrams and detailed
illustrations of the desired development patterns.
A major advantage of form-based codes is the streamlined
administrative approval process, making land use regulations more
predictable for both developers and property owners. The
development of a precise and objective code - one that eradicates
the politics and uncertainty inherent in most traditional approval
processes - requires considerable community engagement, often
through charrettes or some other visioning method. This past May,
Portsmouth concluded a comprehensive revision of its entire zoning
code that involved a dedicated development team, outside
consultants and over two years of continuous community outreach and
engagement. Those jurisdictions willing to undertake such an
endeavor are betting that the quality and quantity of new
development will make the investment worthwhile. Under the new
Portsmouth zoning code, one developer anticipated that the approval
time necessary for his proposed development would shrink from
"several months" to "a few
weeks."4
In contrast to Portsmouth's comprehensive code revision, some
Hampton Roads jurisdictions employ form-based zoning only in
strategic growth areas. Norfolk revised portions of its zoning
ordinance by incorporating form-based elements in an effort to
revive the downtown Granby Street corridor and neighboring areas.
The form-based provisions apply to property within a specially
designated district that contains formerly segregated uses such as
retail, high density residential and office towers. Similarly,
Virginia Beach drafted a new zoning ordinance for its Oceanfront
district to promote mixed-use development.5 In doing so,
Virginia Beach abandoned lot-size restrictions and slashed
parking-lot requirements, opting for a more walkable and urban
vision for the district. These changes seek to encourage
independent development by multiple property owners, obviating the
need for large land assemblies and the megaprojects that
historically were built on such parcels.
As more communities consider a holistic, community-based approach
to development, form-based codes should continue to proliferate.
These codes may benefit property owners and developers in several
ways, such as creating a more streamlined approval process, with
less oversight and discretion by review bodies, a less politicized
planning process and a reduced risk of takings challenges. On the
other hand, when applied to existing urban areas, issues such as
vested rights of property owners, sunk-costs by developers, and the
considerable time, patience, resources and political skill required
to build consensus within a diverse community may pose short-term
disincentives to the adoption of form-based code. Over the long
term, however, form-based codes offer the promise of abandoning a
scheme of costly, ad-hoc bureaucratic oversight in favor of a
civic-oriented, clearly delineated system of land use regulation
that benefits regulators, developers and property owners.
Footnotes
1. In Virginia, jurisdictions such as Arlington County,
Orange County, the Town of Crozet, and the Cities of Portsmouth,
Norfolk, Richmond and Virginia Beach, have amended or are
considering amending significant portions of their zoning
ordinances to incorporate aspects of Form-Based Code.
2. See generally Form-Based Codes Institute, Resources,
available at http://www.formbasedcodes.org/
3. City of Portsmouth, Department of Planning, Homepage for
Form-Based Codes, available at http://www.portsmouthva.gov/planning/desinationptown3.aspx.
4. See Dave Foster, Portsmouth Looks Ahead With New Zoning
Rules, VIRGINIAN PILOT, Feb. 10, 2010, at http://hamptonroads.com/print/541422.
5. See Deirdre Fernandes, Beach Dumping Zoning Rules for
Growth, VIRGINIAN PILOT, Jan. 18, 2010, at http://hamptonroads.com/print/537845.
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