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2009_0330_ Packet
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2009_0330_ Packet
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autonomy on those who previously lacked such autonomy. This may result in further isolating <br />the most disadvantaged residents of towns and cities. <br />In order to illustrate the critiques I raise, I first consider the historic evolution from <br />traditional land use planning schemes to zoning and planning and form-based code systems, and <br />discuss some of the reasons for the evolution in land use planning devices. Next, I will discuss <br />form-based code and the communal charrette process which is central to it. Finally, I illustrate <br />my critique of communal planning with reference to a recent paradigm: the attempt to implement <br />form based code principles in the rebuilding of New Orleans in the aftermath of Hurricane <br />Katrina. <br />II. The Antecedents of United States Zoning and Urban Planning <br />and the Rise of Form-Based Code <br />Traditional zoning schemes are land use regulatory tools which typically prescribe <br />designated land uses within a community with an ultimate goal of restraining density and <br />separating primary uses.13 Zoning is one of several legal devices for implementing the proposals <br />and objectives for land development as outlined in a city's comprehensive plan, which is its <br />statement of the city's goals, objectives, principles, guidelines, policies, standards, and strategies <br />for the growth and development of the community. Notwithstanding its ubiquity as a tool of <br />planners, zoning is, within the scope of Anglo-American law and urban planning theory, <br />13 Jay Wickersham, Jane Jacobs's Critique of Zoning: From Euclid to Portland and Beyond, 28 <br />B.C. Envtl. Aff. L. Rev. 547, 553 (2001). <br />7 <br />
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