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Zoning Court cases upholding FBC

luckless pedestrian

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Does anyone know of, or participated in, a court case involving someone questioning the police power of zoning as expressed in form-based code?

Our front door draft is being questioned by a Planning Board member as to whether it is defensible under the context of health, safety and welfare in zoning

In general, if you know of any court cases with form-based code, please reference below - thank you!
 

mendelman

Unfrozen Caveman Planner
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I doubt there is any specific case law related to FBCs.

More importantly, I would professionally direct the PB member that the 100 years of nationwide zoning related case law says we can legally do this.
Only the worst kind of lawyer/defendant would try to argue a regulatory taking, which is the only reasonable category of infringement I see.

And there is no way to obejctively argue that requiring the front/primary building entry being toward the public realm would ever take any 'value' from a given property.

Good luck.
 

luckless pedestrian

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I doubt there is any specific case law related to FBCs.

More importantly, I would professionally direct the PB member that the 100 years of nationwide zoning related case law says we can legally do this.
Only the worst kind of lawyer/defendant would try to argue a regulatory taking, which is the only reasonable category of infringement I see.

And there is no way to obejctively argue that requiring the front/primary building entry being toward the public realm would ever take any 'value' from a given property.

Good luck.

good thoughts - thanks!
 

Dan

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If there's nothing unconstitutional or contradicting case law in an FBC, I can't see why there would be any issues.

Many of the earliest zoning codes could be called pseudo-FBCs, because they used overlay zones regulate building height, setback, and lot size or main frontage length. There'd be the old-timey A-single family residential, B-duplex residential, C-multifamily residential, D-commercial, E-heavy industrial, and F-obnoxious heavy industrial use zones, with overlays like H35, H50, H60, and so on for height, S0, S10, S20, and so on for minimum setback ... you get the idea. You'd have separate maps for the overlays, or suffixes on the main zoning map. Zones with names like like A-H35-S20-F50 weren't all that uncommon on old-timey zoning maps. (Only doing the History of North American Zoning 101 thing for others that might stumble across this.)

The code should have a severability clause, of course. "Provisions in this chapter are independent of each other. If a court voids part of this chapter, all other parts still apply, and are enforceable."
 
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