Eight Advantages to Form-Based Codes
- Because they are prescriptive (they state what you want), rather
than proscriptive (what you don't want), form-based codes (FBCs) can
achieve a more predictable physical result. The elements controlled
by FBCs are those that are most important to the shaping of a high
quality built environment.
- FBCs encourage public participation because they allow citizens to
see what will happen where-leading to a higher comfort level about
greater density, for instance.
- Because they can regulate development at the scale of an
individual building or lot, FBCs encourage independent development by
multiple property owners. This obviates the need for large land
assemblies and the megaprojects that are frequently proposed for such
parcels.
- The built results of FBCs often reflect a diversity of
architecture, materials, uses, and ownership that can only come from
the actions of many independent players operating within a communally
agreed-upon vision and legal framework.
- FBCs work well in established communities because they effectively
define and codify a neighborhood's existing "DNA." Vernacular
building types can be easily replicated, promoting infill that is
compatible with surrounding structures.
- Non-professionals find FBCs easier to use than conventional
zoning documents because they are much shorter, more concise, and
organized for visual access and readability. This feature makes it
easier for nonplanners to determine whether compliance has been
achieved.
- FBCs obviate the need for design guidelines, which are difficult
to apply consistently, offer too much room for subjective
interpretation, and can be difficult to enforce. They also require
less oversight by discretionary review bodies, fostering a less
politicized planning process that could deliver huge savings in time
and money and reduce the risk of takings challenges.
- FBCs may prove to be more enforceable than design guidelines. The
stated purpose of FBCs is the shaping of a high quality public realm,
a presumed public good that promotes healthy civic interaction. For
that reason compliance with the codes can be enforced, not on the
basis of aesthetics but because a failure to comply would diminish
the good that is sought. While enforceability of development
regulations has not been a problem in new growth areas controlled by
private covenants, such matters can be problematic in
already-urbanized areas due to legal conflicts with first amendment
rights.
~ Peter Katz, President, Form-Based Codes Institute
Related Resources:
• Definition of a Form-Based Code
• Checklist for Identifying and Evaluating Form-Based Codes
• More... |