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					Dane County Model TND Ordinance                                          DRAFT April, 2003




3              Districts and Uses
3.1. Districts
TND Districts accommodate four types of activities: living,
commerce, civic activities, and working. The TND                  Some other ordinances include
                                                                  more districts. Instead of a mixed
Ordinance allows three TND Districts that primarily               residential district, they may include
accommodate these activities: Mixed Residential, Main             Neighborhood General and
Street, and Mixed Employment Districts. While the Districts       Neighborhood Edge districts.
accommodate their primary activities, they also                   Instead of a Main Street District,
accommodate other activities and serve as mixed-use               they may include Neighborhood
                                                                  Center and Town Center districts.
districts.

3.1.1. Mixed Residential TND District (TND-R)
The Mixed Residential TND District is a primarily
residential district that includes civic buildings, open space,
and commercial uses. The TND-R shall include:                     These provisions seek to ensure
                                                                  that the district is primarily
Residential. Residential lots shall comprise between 50           residential, but also includes a mix
                                                                  of housing types, suitable for a
and 70 percent [INCREASE?] of the land area, exclusive of         range of income levels. Building
public dedications of the TND-R. The composition of               orientation enhances the street as a
residential building types allowed in TND-R is shown in           positive public space.
Table 2. TND-R Districts shall comply with the following
requirements:
                                                                  The requirements left blank in this
 Minimum percentage of units in multi-family buildings           paragraph will vary for hamlets,
    (building types II, III, V, VI and VII): _____                villages, urban villages and cities.
 Minimum number of residential building types: ______            The table below provides guidance
 Minimum dwelling units per net residential acre:_____           for filling in the requirements in
Section 5.4 details urban standards as they relate to             Dane County.
building types.                                                                 Hamlet    Village   Urban     City
                                                                                                    Village
                                                                  Minimum
                                                                  percent         0       20-30     30-40     40-
                                                                  multi-                                      50
                                                                  family
                                                                  Minumum
                                                                  number of
Environmental Corridors. Environmentally sensitive                residential     1          2        3        4
areas—including wetlands, protected habitats, protected           building
                                                                  types
waterways, steep slopes and other designated                      Minimum
environmental protection areas—shall be designated as             dwelling
environmental corridors and subject to the provisions of the      units per       1          4        6        8
                                                                  net
Dane County Water Quality Plan. TND Districts shall               residential
comply with the provisions of the Dane County Erosion             acre
Control and Stormwater Ordinance (Chapter 14). TND
developments should also design for stormwater infiltration       In addition to observing traditional
                                                                  neighborhood design, TNDs adopt
and groundwater recharge, where practicable, through              modern environmental preservation
measures such as rain gardens).                                   requirements.



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Dane County Model TND Ordinance                                               DRAFT April, 2003


Open Space. TND-R shall be comprised of open space
shall be in the form of parks, squares and greens designed
for active use. A minimum of 10 percent and a maximum of
25 [ELIMINATE MAX?] percent of developed area, net of
public street right of ways, shall be in open space. Open
space shall conform to the standards required in section
5.5. All housing units within a TND-R shall be within ¼ mile
of open space.
                                                                        This provision means that Mixed
Proximity to a Main Street TND District. TND-R Districts                Residential TND Districts need to
of 35 or more acres should shall be connected by streets                be developed along with Main
                                                                        Street TND Districts; or that they
and sidewalks to a Main Street TND District when                        need to be built in close proximity to
commercially viable, or an existing area that conforms to               existing main street areas. The
the requirements of the Main Street TND District. Housing               location of commercial districts
units in a TND-R District shall be within one half-mile of a            should be evaluated on a
                                                                        neighborhood, city and regional
Main Street TND District. The acreage of TND-R and Main                 basis to balance the goal of
Street TND Districts may be combined to meet the 35-acre                enabling residents to walk to shops,
minimum size requirement.                                               with the realities of the marketplace.

Neighborhood Center. A neighborhood center includes a                   This language is copied from
                                                                        Principle 8 to reinforce the
unique arrangement of public spaces—such as a square,                   importance of a center. It is kept
green or important street intersection—and public                       general to allow flexibility and
buildings—such as a library, church or community center,                because of the requirement for
transit stop and retail businesses— that provides a civic               proximity to a Main Street District
                                                                        (or equivalent) which can often
focus and formal and informal places of gathering. A Main               serve as a neighborhood center.
Street TND District may serve as a Neighborhood Center.
When the marketplace does not permit TND-R Districts to                 It has been demonstrated that
be located in close proximity to Main Street TND Districts,             narrower streets result in slower
a Neighborhood Center without retail uses shall be                      driving speeds and reduced
                                                                        numbers of accidents, injuries and
included in the TND-R District, within one-half mile of all             death. A grid lay-out is appropriate
residential units.                                                      for flat terrain or where an existing
                                                                        grid is present. Where topography
Streets. Streets are primarily streets narrow enough to                 is not flat a modified grid of
                                                                        curvilinear streets can preserve
achieve traffic speeds below 25 miles per hour, which                   slopes and create street
maximizes overall safety. Allowable types of streets are                connections. Shorter blocks
depicted on Table 3.1. Streets are laid out in a grid or                (generally less than 600 feet in
modified grid creating blocks short enough to encourage                 length and 300 feet in width) reduce
walking.                                                                walking distances and pedestrian
                                                                        travel options. Long blocks deter
                                                                        walking.
Allowable Uses. Commercial, civic and institutional uses
are also allowed in the TND-R District. Allowable uses
within TND-R Districts are listed in Table 2.

Optional Provisions. The TND-R may include:

Neighborhood Edge. An identifiable edge may define the
neighborhood boundary and provide identity to the
neighborhood.

This provision and the following seek to ensure residents can walk to
destinations for shopping, business, and leisure.



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Dane County Model TND Ordinance                                   DRAFT April, 2003




Neighborhood Edge Area. The TND-R District may
include a Neighborhood Edge Area, the most purely
residential part of a community. It consists principally of
single-family, detached houses with outbuildings permitted.
Buildings are situated on larger lots with setbacks on all
sides. Where lots are wide enough garages may be
accessed from the front by a driveway. The preferred
building frontage is the common lawn. Civic spaces are
parks and greens.




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Dane County Model TND Ordinance                                         DRAFT April, 2003


3.1.2. Main Street TND District (TND-MS)
The Main Street TND Districts accommodate a variety of
commercial activities in conjunction with civic open spaces
and buildings. It is a denser, fully-mixed use part of a
community. Within the TND-MS district, the predominant
land and building use is commercial, but may include
residential and workplace uses in deference to the purpose
and character of local commercial activities. It is typically
located along an important street. Many older traditional
downtown or neighborhood commercial districts typify the
characteristics of a Main Street district. The TND-MS shall
include:

Mixed-use buildings. Multi-story buildings provide space
for businesses on the first floor (primarily retail and
                                                                  A compact mixture of shopping,
service), and for residents or offices on the upper floors        living, and working in a pedestrian-
(building types VIII and IX). Flexible first floor formats may    oriented environment brings people
be used to enable near-term first floor residential, with the     to the district at different times for
long term ability to convert to commercial uses if the            different reasons to create vitality,
                                                                  economic exchange and culture.
market warrants. In live-work buildings (type IV), business
owners can live above their place of business. Apartment
buildings and parking structures are also allowed (types V
and X). Buildings face the street and are located close to
or at the sidewalk line.

                                                                  Smaller public spaces (up to one
Public open space. The primary public spaces are the              square block) bordered by multi-
streets that provide pedestrian, automobile and bicycle           story buildings create a more
access to the buildings. Smaller public spaces that include       intimate outdoor space better suited
greens, squares, and plazas have buildings set close to           for denser areas than large parks.
                                                                  The relationship of the buildings to
their borders. A minimum of 5 percent and a maximum of            the space is referred to as the
15 percent of developed area, net of public street right of       height-to-width ratio. A height-to-
ways, shall be in open space. Open spaces in the form of          width ratio of 1:3 is desirable. Public
greens, squares and plazas shall conform to the standards         spaces with this ratio create a
set in Section 5.5.                                               “sense of enclosure” and have the
                                                                  feel of an “outdoor room.”


Civic buildings. Government offices and meeting rooms,            Locating or keeping civic buildings
libraries, community centers, post offices, performing arts       in Main Street districts enhances
centers, and other civic buildings should be located in Main      the mix of uses and contributes to
                                                                  the vitality that is required for their
Street TND Districts when possible.                               success. Locating these buildings
                                                                  outside of Main Street or similar
                                                                  districts will reduce the number of
                                                                  visits to the area; decreasing
                                                                  opportunities for commerce,
                                                                  gathering, and combining multiple
                                                                  activities in a single stop.




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Dane County Model TND Ordinance                                         DRAFT April, 2003




Streets. Streets are primarily commercial streets designed
to maximize safety and accommodate the needs of                   This type of commercial street
automobiles, pedestrians, bicycles and transit riders.            contrasts with the traffic
                                                                  engineering standards for “arterial”
                                                                  streets. The traffic engineering
   Auto travel lanes are two-way with tight corners and          standards for arterial streets
    designed to keep speeds low, to allow access to               typically give top priority to mobility
    buildings, and to create an environment friendly to           of automobiles over local access
                                                                  and other forms of transportation.
    pedestrians and cyclists.                                     To promote auto mobility arterials
                                                                  are widened (sometimes at the
   Access to buildings is primarily from on-street parking       expense of sidewalk width), lanes
    in either diagonal or parallel patterns.                      are added, one-way streets are
                                                                  promoted, corners are cut back to
                                                                  allow faster turns, and on-street
   Sidewalks are wide enough to accommodate                      parking is eliminated.
    substantial pedestrian traffic as well as streetlights,
    transit stops, kiosks, and outdoor seating.

   Off-street parking is accommodated in surface or
    structured lots behind or beside buildings.

   Streets permitted in this district are found on Table 1,
    Section 3.2

Allowable uses. Allowable uses within TND-MS Districts
are listed in Table 2.

Proximity to other districts. The TND-MS District shall
be located adjacent to, and connected by streets, to other
TND Districts; or to other existing developed areas (or
areas planned for development in a comprehensive plan or
land use plan approved by City/Village) that conforms to
the characteristics of a TND District.




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Dane County Model TND Ordinance                                         DRAFT April, 2003


3.1.3. Mixed Employment TND District (TND-E)
The Mixed Employment TND District is a mixed-use area,            The Mixed Employment District is
                                                                  intended to promote the integration
with similar density to the Main Street TND District, in          of workplaces with shopping and
which the predominant building use is workplace and               living. Historically workplaces were
employment. The TND-E district may include residential            separated from other uses through
and commercial buildings uses, but in deference to the            zoning to protect property values
efficiency of workplace activities. The TND-E District shall      from pollution, noise, etc. Today
                                                                  many workplaces are compatible
include:                                                          with, and can be enhanced by other
                                                                  uses and activities. Offices and high
Employment buildings. Employment buildings are                    technology manufacturing such as
primarily multi-story buildings that accommodate office and       software development are
                                                                  examples. Instead of locating these
light manufacturing business spaces.                              types of workplaces in isolated
                                                                  campus-style developments, the
Public open spaces. The primary public spaces are the             TND-E allows employees to work
streets that provide pedestrian, automobile and bicycle           within walking distance of,
access to the buildings. Smaller public spaces that are           restaurants, shopping, and
                                                                  residential neighborhoods.
allowed include greens, squares, and plazas, which have
buildings set close to their borders. A minimum of 5              Some employment uses still pose
percent and a maximum of 15 percent of developed area,            potential environmental threats to
net of public street right of ways, shall be in open space.       residential uses and should be
                                                                  located in separate industrial
Open spaces in the form of greens, squares and plazas             districts.
shall conform to the standards set in Section 5.5.

Streets. Allowable streets are those listed in Table 1.

Proximity to other districts. The TND-E District shall be
located adjacent to, and connected by streets, to other
TND Districts; or to other existing developed areas (or
areas planned for development in a land use plan
approved by ___________) that conforms to the
characteristics of a TND District.

Allowable uses. Allowable uses within TND-E Districts are
listed in Table 2.

The TND-E District are encouraged to include:

Mixed-use, and residential buildings
Mixed-use and residential buildings are those allowed in
the Main Street TND District.

3.2. Uses
Conditional uses. Conditional uses are allowed in a
District provided that the use complies with all applicable
provisions of this Ordinance and provided that a
conditional use permit is obtained.




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Dane County Model TND Ordinance                                        DRAFT April, 2003




Prohibited uses. Any use not listed as a permitted or
conditional use in a District shall be prohibited. Prohibited
uses may be allowed only upon written request by the
landowner and upon written findings by the Planning
Commission that the use is substantially similar to a listed
permitted or conditional use.

Development standards. Certain permitted and
conditional uses shall be subject to development standards
as contained in Chapter 5, Development Requirements.

Combination of uses. Any permitted and conditional use
allowed in a District may be combined on a parcel or within
a building, provided that all uses meet all applicable
provisions of this Ordinance, including required
development standards.

Allowed Uses/Development Standards Table. Table 3.2
lists all permitted and special condition uses for each
District. Permitted uses are indicated with a “P” and
conditional uses are indicated with a “C”. The table also
indicates if development standards apply to a listed use.
The development standard references refer to urban
standards illustrated in Chapter 5.

Street Standards. Table 1 indicates which street
standards apply in a zoning district. Referenced street
standards are illustrated in Chapter 5.

[REVISE OR ELIMINATE TO REFLECT REVISED LIST
OF STREET TYPES?]

          Table 3.1: Applicable Street Standards

        Street Type                 TND-R        TND-MS        TND-E
Paved Lane (PL-25)                               
Alley (AL-22)                                                   
Residential Street (RS-48)                        
Residential Street (RS-54)                        
Residential Street (RS-60)                      conditional
Commercial Street (CS-50)                                        
Commercial Street (CS-60)                                        
Commercial Street (CS-66)          conditional                   
Commercial Street (CS-74)                                        
Boulevard (BV-80)                                               
Boulevard (BV-100)                                               




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Dane County Model TND Ordinance                                                    DRAFT April, 2003


Table 3.2: Use/Building Types Matrix
                                                         TND
                                                       Districts
                                                                       Urban
                      Use                          R     MS        E
                                                                       Standard
RESIDENTIAL USES
Dwellings
Single family dwelling, detached                   P                   Type I
Single family dwelling, twin house                 P     P     P       Type II
Townhouse                                          P     P     P       Type III
Live-work unit                                     C     P     P       Type IV
Rowhouse                                           P     P     P       Type V
Mansion apartment                                  P     P     P       Type VI
Apartment building                                 C     P     C       Type VII
Main street/mixed use                              C     P     P       Type VIII
Employment building                                      P     P       Type IX
Parking building                                         C     P       Type X

Congregate Living
Group homes having a capacity of 15 or fewer       C     C
persons
Convalescent homes, nursing homes,                 C     C     C
boarding care, assisted living
Community Based Residential Facility (CBRF)        C     C     C

Accessory Uses
Home occupations                                   P     P     C
Day care home, if more than 8 children             C     P
Day care home, if less than 8 children             P     C

INSTITUTIONAL AND CIVIC USES
Educational Facilities
Public School                                      C     C     C
Trade, Arts, Dance Schools                               C     C

Social, Cultural, Charitable and
Recreation
Public Library                                     P     P     P
Public pool or
Recreation center                                  P     P     P
Private pool or
Recreation center                                  C     C     C
Public and private park or playground              P     P     C
Cemeteries                                         C     C
Religious Institutions
Church, chapel, synagogue, place of worship        C     C     C
Residential facility associated with a religious   C     C     C
institution
Private schools                                    C     C     C

Public Service and Utilities
Government buildings and structures                P     P     P
Essential service structures                       P     P     P

OFFICES AND RETAIL (see
following page)
Retail Uses listed as permitted uses in ___                    P       Types
General Commercial District                                            VII, IX
Retail Business Uses as listed in ___
Restricted Industrial District                                         Type IX
Office Uses as listed in I-1 Restricted
Industrial District or as listed in ___ Office                 P       Types
District                                                               VIII, IX
Industrial Uses as listed in ___ Restricted
Industrial District                                                    Type IX




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Dane County Model TND Ordinance                                            DRAFT April, 2003


A Menu of Office and Retail Uses
Permitted Uses for TND-MS and TND-E:                                 Allowed uses will vary from
                                                                     municipality to municipality. This
• Paint, glass and wallpaper store                                   list, as one example, is fairly broad
• Hardware store                                                     to allow a wide range of types of
• Variety, general merchandise store                                 uses.
• General grocery stores, supermarkets, fruit and vegetable
  stores, meat and fish stores and miscellaneous food stores         This model ordinance provides a
• Candy, nut or confectionery stores                                 relatively detailed list of permitted
• Retail bakeries, including those which produce some or all of      uses. Another approach used by
  the products sold on the premises, but not including               zoning ordinances is to cite more
  establishments which manufacture bakery products primarily         general categories of uses. Specific
                                                                     lists can be more definitive, but they
  for sale through outlets located elsewhere or through home         are also more difficult to keep up to
  service delivery                                                   date, and they run the risk of
• Clothing and shoe stores                                           omitting some uses. More general
• Furniture, home furnishings and floor covering stores              categories allow greater flexibility
• Restaurants, and other eating places, except drive-in type         but are more subject to
  establishments                                                     interpretation and potential
• Taverns, bars and other drinking places with license from the      challenges.
  Village Board
• Drug stores and pharmacies                                         The types of businesses that locate
                                                                     in a TND District will also be
• Liquor stores                                                      shaped by the allowed building
• Antique stores and secondhand stores                               types (Chapter 5). A Main
• Sporting goods stores and bicycle shops                            Street/Mixed Use building (type
• Bookstores, not including adult books                              VIII), for example, will not be
• Stationary stores                                                  suitable for “big box” retail.
• Jewelry and clock stores
• Camera and photographic supply stores
• Gift, novelty and souvenir shops
• Florist shops
• Tobacco and smokers’ supplies stores
• Newstands
• Wholesale merchandise establishments, only for retail items
  listed above
• Banks and other financial institutions
• Offices of insurance companies, agents, brokers and service
  representatives
• Offices of real estate agents, brokers, managers and title
  companies
• Retail laundry and dry cleaning outlets, including coin-operated
  laundries and dry cleaning establishments commonly called
  Laundromats and launderettes
• Tailor shops, dressmakers shops, and garment repair shops
• Photographic studios and commercial photography
  establishments
• Barbershops and beauty shops
• Upholstery and furniture repair shops
• Advertising agencies, consumer credit reporting, news
  agencies, employment agencies
• Duplicating, blueprinting, photocopying, addressing, mailing,
  mailing list and stenographic services
• Commercial parking lots
• Watch, clock and jewelry sales repair services
• Motion picture theaters, not including drive-in theaters
• Pet stores
• Video stores
• Veterinarian office if all enclosed


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Dane County Model TND Ordinance                                            DRAFT April, 2003


• Offices of physicians and surgeons, dentists and dental
  surgeons, osteopathic physicians, optometrists and
  chiropractors
• Law offices
• Offices, meeting places, and premises of professional
  membership associations
• Engineering and architectural firms or consultants
• Offices of governmental agencies
• Funeral homes
• Hotels, bed and breakfasts



Additional permitted commercial and industrial uses allowed in
Employment area:
• Hotels, motels

Additional conditional commercial and industrial uses allowed in
Mixed employment area:
• Assembling, fabricating, manufacturing, mixing or processing
facilities
• Stores for sale or installation of tires, batteries, mufflers or other
automotive accessories
• Garden supply stores, greenhouses




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