Form-Based Code Information
Form-based codes represent a fundamental shift from traditional Euclidean zoning (which separates uses into distinct districts) to a design-focused approach that controls the built environment's physical character. Rather than asking 'what use is allowed here?', form-based codes ask 'what building form is appropriate here?' Key elements include: the regulating plan (a map that divides the jurisdiction into zones based on desired urban character), building form standards (height, setback, lot coverage, and building orientation requirements), frontage types (the interface between the building and the street), architectural standards (materials, fenestration, and design requirements), and public space standards (street design, sidewalk width, and planting requirements).
Florida Legal Definition
Form-based codes in Florida are adopted as land development regulations under the authority of Florida Statutes Chapter 163. Several Florida cities have adopted form-based codes, including: Miami (Miami 21, the first major U.S. city to adopt a city-wide form-based code), Sarasota, and various new urbanist communities throughout the state. The form-based code must be consistent with the comprehensive plan's future land use element. Florida Statutes §163.3202 authorizes local governments to adopt land development regulations that may include design standards. The form-based approach is compatible with Florida's community planning framework and has been endorsed by the Florida Department of Economic Opportunity as an alternative to traditional zoning.
How It's Used in Practice
In practice, attorneys advise developers and property owners on projects in form-based code jurisdictions. The attorney reviews the regulating plan to determine the applicable zone, the permitted building forms (transect zones from rural to urban core), the required building frontage type (storefront, forecourt, gallery, porch), and the maximum and minimum building dimensions. Unlike traditional zoning (where the primary concern is whether the use is permitted), form-based code compliance requires attention to physical design standards. The attorney coordinates with architects to ensure compliance with all form standards, files applications for any required administrative approvals or variances, and advises on the interaction between the form-based code and state building code requirements.
Key Takeaways
- Form-based codes regulate building form rather than land use.
- Miami 21 was the first major city-wide form-based code in the U.S.
- Adopted as land development regulations under Chapter 163.
- Key elements: regulating plan, building form, frontage types, and architecture.
- Focus on creating predictable, walkable built environments.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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