Dane County Wisconsin

Dane County Model TND Ordinance DRAFT January, 2003

1 General Provisions

1.1. STATUTORY AUTHORIZATION Zoning codes should state the legal This ordinance is adopted by the [Name of City or Village] authority for regulations, which is pursuant to the authority contained in sections 61.35, derived from state enabling 62.23 and 66.1027 of the Wisconsin Statutes. legislation. 61.35 and 62.23 include zoning enabling legislation for villages and cities, respectively. 66.1027 requires municipalities with 12,500 or more residents to adopt a Traditional Neighborhood 1.2. APPLICABILITY Development Ordinance. This Ordinance creates Traditional Neighborhood The relationship between new code Development (TND) zoning districts in addition to the material and the existing body of zoning districts created in Chapter __, Zoning Code, of the land use regulation should be made [Name of City or Village]. Provisions in this Ordinance clear. Because TND ordinances regulate features normally found in apply only to TND zoning districts. All developments within subdivision ordinances, such as a TND zoning district must conform to the provisions of the street dimensions, the Applicability [Name of City or Village] Zoning Ordinance and Section refers to the subdivision Subdivision Ordinance, unless this Ordinance provides ordinance. This model uses a otherwise. Should conflicts exist between this ordinance general provision to address conflicts between ordinance and provisions of other ordinances, the more stringent language. An alternate approach provisions shall apply. would be to list each section of the subdivision ordinance over which the TND Ordinance takes precedence. 1.3. PURPOSE/INTENT The establishment of an Ordinance incorporating Traditional Neighborhood Development (TND) is intended to foster the development and growth of compact, attractive, and walkable neighborhoods in City/Village. By fostering such neighborhoods, the City/Village seeks to: . Reduce public costs by making more efficient use of infrastructure; . Protect the environmental through reduced land consumption, preservation of on-site environmental features, and reduced automobile travel; . Increase public safety and welfare through street design that results in slower driver speeds and reduced accidents, injuries and fatalities; . Promote the reinvestment in existing developed areas; and

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. Foster community through attractive streets and public spaces that create opportunities for encounters and gatherings.

New code provisions should refer to The TND Ordinance implements several key goals and a plan that provides a rationale to support the regulations. They objectives of the Comprehensive Plan. should be consistent with municipal and regional comprehensive plans.

1.4. SIZE AND LOCATION Traditional Neighborhoods should be large enough to contain a mix of uses, and conform to the principles in Chapter 2. They should be small enough to allow a pedestrian to travel from the center to the edge in five to ten minutes.

Because walkability is a key component of TNDs, the size of neighborhoods allowed under a TND Ordinance is determined by reasonable walking distance. Residents of a TND should be able to walk to destinations in five to ten minutes. It has been demonstrated that most people will drive when distances are greater. An area defined by a 5- to 10-minute walking distance(1/4 to ½ mile) is referred to as a “pedestrian shed.”

Congress for New Urbanism

The minimum size of a TND District shall be 35 acres. Part of a District may include existing developed area that is consistent with the principles in Chapter 2. Sites larger than 160 acres may be developed as multiple neighborhoods, with each neighborhood designed to be integrated into an overall plan and the total site subject to all the provisions.

Applications for sites less than 35 acres shall be considered when adjacent to or integrated with an existing This provision allows infill sites to or approved Traditional Neighborhood that are consistent be designated as TND Districts. with the principles in Chapter 2.

TND Districts shall be adjacent to existing neighborhoods This language elaborates on or developed areas. Streets and utilities in TND Districts Principle 2 (Chapter 2), requiring shall connect to existing streets and utilities, unless inter-connectivity within and otherwise prohibited by topography or environmental between neighborhoods. TNDs constraints. should not be designed to be stand-alone or isolated enclaves. TND Districts may be approved for sites not adjacent to existing neighborhoods or developed areas when a land- use plan (or the land use element of a comprehensive plan), approved by City Council/Village Board, shows the TND District connected to neighborhoods or developed area within twenty years.

Existing developed areas may be designated as TND This provision is intended to allow District or Districts if they comply with the principles in existing traditional neighborhoods of Chapter 2 and comply with the provisions of this ordinance. downtown or main street districts to be designated as TND Districts, thereby allowing infill and redevelopment by Landowners may petition the City/Village to rezone a right that is consistent with the property to a TND District. The rezoning petition shall be traditional character of the area. considered early in the development application process as described in Chapter 4.

1.5. RANGE OF SCALE AND INTENSITY Hamlets, villages and cities were Historically, traditional neighborhoods formed as hamlets the traditional development pattern and villages, and as parts of urban villages and cities. for Wisconsin and Dane County. These localities, in turn, can be interrelated within a metropolitan region. Traditional Neighborhoods will vary in size, scale, and intensity of development within each of these settlement patterns. This ordinance applies to neighborhood form of developments within hamlets, villages and city neighborhoods, but not to the downtown of the central city (Madison). In Dane County, hamlets generally have populations of a few hundred people. 1.5.1 Hamlets Hamlets are the settlement pattern for the smallest scale rural growth areas requiring small acreage of land and retaining the rural character of an area. Hamlets have distinct identities, are identifiable in the landscape, and often possess a defined public space. The center of a hamlet may be a green and/or a small commercial or mixed-use building or buildings.

1.5.2 Village in rural setting Villages also offer a settlement-pattern for small-scale rural growth, but require more land than hamlets and have Small villages in Dane County had higher density. Although villages are intimate residential populations in 2000 ranging from communities, they should offer basic employment, about 800 to about 2,000 people. services, and shopping for their residents as well as for those living in surrounding low-density or rural areas.

1.5.3 Urban village An urban village, in the Dane County context, is a village that has grown significantly beyond its original neighborhood surrounding the historic main street, to Urban village populations in 2000 ranged from about 3,000 to about include newer neighborhoods and commercial areas. 9,000. Neighborhoods are in close physical proximity to another neighborhood, and all neighborhoods relate to a larger, common core. The village center retains the village qualities. The urban village is highly integrated into the metropolitan region as one of the centers for living, working, commerce, civic and cultural activities.

1.5.4 Small cities Small cities include multiple neighborhoods and Small cities in Dane County had commercial areas. Neighborhoods are in close physical populations in 2000 ranging from proximity to another neighborhood, and all neighborhoods about 7,000 to about 20,000. relate to a larger, common core. The quality of the built environment tends to be more urban in nature than that of villages. Small cities, like urban villages, are centers within a metropolitan region that provide living, working, commerce, civic and cultural activities.

1.5.5 Center city The center city is the center and primary urban area within The City of Madison had 208,000 a metropolitan region in terms of housing, employment, residents in 2000. commerce and cultural activities. Neighborhoods are the primary development forms that relate to each other and the downtown area, as well as other commercial or mixed- use areas. The downtown and surrounding neighborhoods of the center city are typically the most intensely urban area within the region.

Figure 1.1 below provides a general guide to how the character of traditional neighborhoods can vary from hamlet to village to urban village to small and large city. This range of scale and intensity can also vary from the edge to the center of a community.

Figure 1.1 Hamlet - Rural Village - Urban Village - Small City - Center City ..…….less density……………. ……….more density………………… .primarily residential use…….. …….…primarily mixed use………. ……smaller buildings………... ……….larger buildings………….. ……more greenspace……….. …….…more hardscape………….. ……detached buildings……… …….…attached buildings……….. PRIVATE ……deeper setbacks………… …….…shallower setbacks……… generally wooden buildings…. ……….generally masonry buildings …...generally pitched roofs…. ……….generally flat roofs……… ……yards & frontages………. ……….stoops and shopfronts…..

…….roads & lanes…………… ……….streets & alleys………….. …….narrower paths…………. ………..wider sidewalks………….. PUBLIC …….open swales……………. ………..raised curb………………

…….parks & greens…………. ………..plazas & squares……….. CIVIC

1.6. DEFINITIONS For the purpose of interpreting this ordinance, certain words, concepts, and ideas are defined herein. The definitions in this Ordinance apply only to the TND zoning districts. In the absence of a definition in this article, definitions in Chapter ___, Zoning Code shall apply.

Accessory building and use. A structure subordinate or incidental to the principal structure on a lot in square footage and primary use. Accessory structures include detached garages. Apartment buildings. A building containing three (3) or more residential dwelling units. Such units may be leased separately or developed as condominiums. Applicant. A landowner, or developer with control of TND site, that requests approval of the Village Board/City Council of a TND. Architectural Standards. Standards governing materials, configurations and technique. Average daily trips. The average number of vehicle trips made per day on a street. Block. A unit of land bounded by streets or by a combination of streets and public land, waterways, or any other barrier to the continuity of development. Buildable area. The area of a lot remaining after the minimum yard requirements of the TND Ordinance have been met. Build-to line. The line at which construction of a building, excluding porches, bay windows, covered porches, decks, and patios, is to occur on a lot. A build-to line typically runs parallel to the front property line and is established to create an even building façade line on a street. Building set-back line. A line establishing the minimum allowable distance between the nearest part of any building, including eaves and overhangs, but excluding porches, bay windows, covered porches, decks, and patios, to the nearest edge of a street right-of-way, property line, or easement line, when measured perpendicular thereto. Civic uses. Uses intended to serve as public gathering places. Such uses include governmental offices, churches or other places of worship, schools, post offices, and non-profit or charitable clubs and organizations. Civic building. A building serving a civic use and that is open to citizens for public functions. Comprehensive Plan. A plan adopted by a municipality under the requirements of Wisconsin Comprehensive Planning legislation (Chapter 66.1001). Conditional use. A use subject to specific conditions and which requires the approval of [governing body] before the issuance of a zoning permit for such use. Corner lot. A lot located at the intersection of 2 or more streets. Curb radius. The radius of the circle formed by the curve of the curb at the corner. Density, net. The number of dwelling units on a tract or parcel of land minus the area of public rights-of-way, areas of flood hazard, lakes or water bodies, or wetlands. Developer. The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land. Development. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; the removal of ground cover, and any use or extension of the use of land.

Design speed. Design speed is the speed selected by planners for determining the various geometric design features of a planned roadway. Developed Area. Land area on which urban uses have been located; typically refers to urban area served by public sewer and water services. Development staging plan. A plan identifying when various portions of a development occur, and how the portions relate to each other; required as component of TND General Plan (see Chapter 4.2.1). Development Plan. Plan required under Chapter 4.3. Eave. The projecting lower edges of a roof overhanging the wall of a building. Eaveline. The line at which the roof meet the eave. Encroachments. Any portion of a structure or appurtenance extending beyond a designated zoning setback, easement, build-to line, property line, or public right-of-way. Environmental Corridors. Wetlands, protected habitats, protected waterways, steep slopes and other designated environmental protection areas. Environmentally sensitive areas. See Environmental Corridors. Existing development. Structures, buildings, site specific plan or other projects that are completely built or that at a minimum have established a vested ritht as of the effective date of this ordinance based on at least one of the following being satisfactorily proven to the [Plan Commission] for the specific development in question. 1. Substantial expenditures of resources (time, labor, money) based on good faith reliance upon having received a valid local government approval to proceed with the development, or 2. Having an outstanding valid building permit as authorized by the General Statutes [citation], or 3. Having an approved site specific or phased development plan as authorized by the General Statutes [citation]. Façade. The vertical surface of a building which is set along a frontage line. The elevation of a façade is the vertical surface area. Five (5) minute walk. The five minute walk is the basic increment of good traditional neighborhood design. An average adult can walk ¼ mile (1320 feet) in five minutes. Greens. Medium-sized public spaces available for unstructured public recreation, circumscribed by building facades, its landscape consisting of grassy areas and trees, naturallistically disposed and requiring only limited maintenance. Holding capacity. The capacity of a site to accommodate development without seriously degrading the environmental functions that the site provides. Interconnected streets. Refers to streets that provide through access to other streets. Interconnected means the existence of a grid or grid pattern and may include either straight or curvilinear designs. Land use plan. A plan approved by a jurisdiction that depicts planned uses for lands within the jurisdictions planning boundaries. The land use element of a Comprehensive Plan. Live-work building. A building that includes separate spaces for both living and working, with a ground floor occupied by commercial uses and a residential unit above. Commercial space my be a home-based business or may be leased independently.

Main Street TND District. Accommodate a variety of commercial activities in conjunction with civic open spaces and buildings (see Chapter 3.1.2). Mixed Employment TND District. District is a mixed-use area, with similar density to the Main Street TND District, in which the predominant building use is workplace and employment (See Chapter 3.1.3). Mixed Residential TND District. A primarily residential district that includes civic buildings, open space, and commercial uses (see Chapter 3.1.1). Mixed use. A combination of two or more uses such as residential, commercial, civic within the same building or complex. Mixed-use building. A building that contains two or more of the following uses: residential, retail, office, employment, civic, or other. Typically, retail or service businesses are located on the first floor, while residential or office uses are located on the upper floors. Flexible first floor formats can enable first floor residential use in the near-term with the long-term ability to convert to commercial use if the market warrants. Neighborhood. An area that conforms to the neighborhood standards contained in this zoning ordinance. Net residential acre. Acres of land on which homes are located, excluding street right-of-way and public open space. Open space. Defined areas for public gathering and use, consisting of parks, squares, greens and plazas. Parks. Open areas available for recreation, usually located at a neighborhood edge, and fronted by buildings. Its landscape comprises paved paths and trails, some open lawn, trees, and open shelters, all naturalistically disposed and requiring limited maintenance. Planter [strips]. The area between sidewalks and curbs filled with soil and planted with trees, grass, groundcover, or other plants. Plazas. Public spaces at the intersection of important streets set aside for civic purposes and commercial activities. A plaza is circumscribed by frontages; its landscape consists of durable pavement for parking and trees requiring little maintenance. Rain gardens. Regulating Plan. A plan, required as part of the TND General Plan, that shows the street Right of Way and lot layout: location, size and description of civic and public open spaces and civic buildings; location, size and description of the Neighborhood Center, general and edge development areas; and location of all private lots, recreational facilities, and support buildings (see Chapter 4.2.1). Squares. Public spaces, seldom larger than a block, at the intersection of important streets. A square is circumscribed spacially by frontages; its streetscape consists of paved walks, lawns, trees, and civic buildings all formally disposed and requiring substantial maintenance. Street right of way. The street corridor extending from the division between public and private property on one side of the street to the same division on the other side of the street; including sidewalks, planter strips, curb and gutter, and street pavement. Streetwall. A low wall, generally 3 to 4 feet in height, built along the front lot line. Can be used to buffer parking lots from sidewalks (per Chapter 5.5.2).

Traditional Neighborhood. A neighborhood that is consistent with the principles described in Chapter 2. Traditional Neighborhood Development (TND). The construction or rehabilitation of all or a portion of a Traditional Neighborhood. A development that conforms to the principles described in Chapter 2. TND Site. The land area of a Traditional Neighborhood Development. TND District. See TND Zoning District. TND General Plan. The general plan for a TND that includes conceptual information about a proposed TND, information required in the Regulating Plan and Transportation Plan, and other information as required in Chapter 4.2.1. TND Zoning District. One of the types of zoning districts allowed under this ordinance: TND-R, TND-MS, or TND-E. Transportation Plan. A plan, required as part of the TND General Plan, that shows the interconnected network of streets, pedestrian accommodations, bikeways, and street types (see Chapter 4.2.1). Urban Standards. Standards governing building placement, encroachments, parking, height and vertical uses by building type (see Chapter 5.4). Walkable neighborhoods. Neighborhoods that contain a mix of uses and housing types located within a ¼ to ½ mile radius, with inter-connected pattern of pedestrian-friendly streets.

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