Laserfiche WebLink
connected to government. g Instead, the cities of old often spontaneously developed, with the <br />buildings, streets, and neighborhoods themselves forming a type of "law."9 Because creating the <br />amenities necessary to implementing New Urbanism often requires substantial changes to <br />infrastructure, form-based code is more frequently utilized in the design of new towns and <br />undeveloped sections of towns and cities, or in efforts to infill or retrofit land in existing urban <br />areas. Form-based code, however, unlike the Euclidean zoning10 codes that are at the base of <br />most zoning and planning schemes in United States cities and towns,ii focuses not on land use <br />but on the character of development. Instead of attempting to segregate uses across <br />8 Sally Falk Moore, Legal Systems of the World: An Introductory Guide to Classifications, <br />Typological Interpretations and Bibliographical Resources, in Law and the Social Sciences 11,15 <br />(Leon Lipson & Stanton Wheeler eds., 1986). <br />9 According to Jacobs, the diversity was generated by the existence of certain design features <br />which in effect generate "law"—the street, the neighborhood, the district, and ultimately the city <br />are organs of self-government in the successful city. Jacobs, Great American Cities 117-122 <br />(1961). <br />io Euclidean zoning refers to the segregation of land uses into specified geographic districts and <br />dimensional standards. This form of zoning was upheld by the United States Supreme Court in <br />Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926). I address Euclid in further below <br />infra at n. 49. <br />i i Some municipalities implement performance zoning instead of or in addition to Euclidean <br />zoning. Frederick W. Acker, Performance Zoning, 67 Notre Dame L. Rev. 363, 364 (1991). <br />Performance zoning employs performance-based or goal-oriented criteria to establish review <br />parameters for proposed development proj ects in any area of a municipality, such as how a <br />particular proj ect impacts adj acent lands and public facilities. Id. at 369. In its most <br />unadulterated form, performance zoning allows for the broadest range of uses and creates a <br />uniform system of performance standards throughout a particular municipality. Id. Other <br />municipalities include incentive based zoning as a supplement to Euclidean zoning. See Jerold S. <br />Kayden , The 1991 Bellagio Conference On U. S.-U. S. S.R. Environmental Protection Institution: <br />Market-Based Regulatory Approaches: A Comparative Discussion Of Environmental And Land <br />Use Techniques In The United States, 19 B.C. Envtl. Af£ L. Rev. 565, 568-569 (1992). <br />Incentive zoning is closely related to performance zoning, but is a system by which zoning <br />incentives are provided to developers on the condition that specific physical, social, or cultural <br />benefits are provided to the community. Id. <br />� <br />