It's not how complicated or divisive New Urbanist-based land use regulations are that's driving the legal profession nuts. It's the opposite. There just aren't many New Urbanist rulings in the casebook, explains Jonathan Zasloff.
Zasloff explores the possible reasons why "[a] quick check in the Westlaw 'ALLCASES' database yields only one result for the phrase 'Form-Based Code' and none of the results for 'transect' has anything to do with the New Urbanist land use concept."
It's not that there hasn't been enough proliferation of New Urbanist-based regulations to to generate cases, he argues, but that "New Urbanism squeezes a lot out of the uncertainty and over-regulation out of the Euclidean system, but cannot get rid of it. Euclidean zoning might be necessary to handle these uncertainities [sic]."
"In other words," he concludes, "while New Urbanism coding can serve as a replacement for a lot of Euclideanism, it cannot eliminate it entirely — not because we are addicted to Euclidean forms, and not because we are dumb, but because lots of the world is uncertain, and cities will have to grapple with that. Conditional use permits and variances aren’t about the flawed ideology of early-20th century planners, but about the world’s inevitable uncertainty. If this is right, then land use casebooks will still emphasize Euclidean zoning, because that’s where the disputes are and necessarily will be."
FULL STORY: Has New Urbanism Killed Land Use Law?
San Diego Satellite Town Asks: Smart Growth or Trojan Horse?
San Diego County's "most walkable city" is being challenged to identify the real smart growth: what it has or what is being proposed. At issue: a plan amendment for a high density project near transit. But is the project real?
Judge Overturns Township’s Ban on Cemeteries
Brooks Township in Michigan ran afoul of the state constitution when it instituted a blanket cemetery ban with the intent to block a green cemetery.
Seattle Downtown Plan Expands Permitted Uses
The Downtown Activation Plan shifts from Euclidean to form-based zoning to encourage more commercial development.
Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage
Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”
Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss
The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
Restoring Northern India’s Himalayan ‘Water Temples’
Thousands of centuries-old buildings protect the region’s natural springs and serve as community wells and gathering places.
Milwaukee to Double Bike Share Stations
Bublr Bikes, one of the nation’s most successful, will add 500 new e-bikes to its system.
DC Extends Application Window for Outdoor Dining Permits
District restaurants will have until the end of November to apply, but businesses with permits in rush hour parking lanes must end operations on July 31.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Caltrans
Smith Gee Studio
Institute for Housing and Urban Development Studies (IHS)
City of Grandview
Harvard GSD Executive Education
Toledo-Lucas County Plan Commissions
Salt Lake City
NYU Wagner Graduate School of Public Service