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HomeMy WebLinkAboutItem XII PLAN COMMISSION STAFF REPORT JULY 6, 2021 ITEM XII: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE GENERAL INFORMATION Applicant: Department of Community Development Actions Requested: The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Applicable Ordinance Provisions: Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. BACKGROUND INFORMATION The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. The ordinance currently permits small solar energy systems conditionally as an accessory use and therefore requires a conditional use permit for them to be installed on a residential property. Concerns regarding this type of permitting procedure for solar panels have been brought to the attention of City Staff, the Sustainability Advisory Board, and Plan Commission. As a result, staff is recommending the following amendments to the Zoning Ordinance to permit small solar energy systems by right in all zoning districts. ANALYSIS Staff proposes amendments to the following Zoning Ordinance code sections: Section 30-35(K) regarding accessory uses in the Rural Holding Zoning District (RH-35). Amend Section (K) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the RH-35 district. Section 30-35(L) regarding conditional uses in the Rural Holding Zoning District (RH-35). Amend Section (L) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the RH-35 district. Page 1 Item X - Text Amendments-Zoning Ordinance 2 Section 30-36(D) regarding accessory uses in the Single Family Residential-2 Zoning District (SR-2). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the SR-2 district. Section 30-36(E) regarding conditional uses in the Single Family Residential-2 Zoning District (SR-2). Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the SR-2 district. Section 30-37(D) regarding accessory uses in the Single Family Residential-3 Zoning District (SR-3). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the SR-3 district. Section 30-37(E) regarding conditional uses in the Single Family Residential-3 Zoning District (SR-3). Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the SR-3 district. Section 30-38(D) regarding accessory uses in the Single Family Residential-5 Zoning District (SR-5). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the SR-3 district. Section 30-38(E) regarding conditional uses in the Single Family Residential-5 Zoning District (SR-5). Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the SR-5 district. Page 2 Item X - Text Amendments-Zoning Ordinance 3 Section 30-39(D) regarding accessory uses in the Single Family Residential-9 Zoning District (SR-9). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the SR-9 district. Section 30-39(E) regarding conditional uses in the Single Family Residential-9 Zoning District (SR-9). Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the SR-9 district. Section 30-40(D) regarding accessory uses in the Duplex Residential-6 Zoning District (DR-6). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the DR-6 district. Section 30-40(E) regarding conditional uses in the Duplex Residential-6 Zoning District (DR-6). Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the DR-6 district. Section 30-41(D) regarding accessory uses in the Two Flat Residential-10 Zoning District (TR-10). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the TR-10 district. Section 30-41(E) regarding conditional uses in the Two Flat Residential-10 Zoning District (TR-10) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the TR-10 district. Page 3 Item X - Text Amendments-Zoning Ordinance 4 Section 30-42(D) regarding accessory uses in the Multi-Family Residential-12 Zoning District (MR-12). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the MR-12 district. Section 30-42(E) regarding conditional uses in the Multi-Family Residential-12 Zoning District (MR-12) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the MR- 12 district. Section 30-43(D) regarding accessory uses in the Multi-Family Residential-20 Zoning District (MR-20). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the MR-20 district. Section 30-43(E) regarding conditional uses in the Multi-Family Residential-20 Zoning District (MR-20) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the MR- 20 district. Section 30-44(D) regarding accessory uses in the Multi-Family Residential-36 Zoning District (MR-36). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the MR-36 district. Section 30-44(E) regarding conditional uses in the Multi-Family Residential-36 Zoning District (MR-36) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the MR- 36 district. Page 4 Item X - Text Amendments-Zoning Ordinance 5 Section 30-45(D) regarding accessory uses in the Mobile Home Residential-9 Zoning District (MH-9). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the MH-9 district. Section 30-45(E) regarding conditional uses in the Mobile Home Residential-9 Zoning District (MH-9) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the MH-9 district. Section 30-51(D) regarding accessory uses in the Neighborhood Mixed Use Zoning District (NMU). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the NMU district. Section 30-51(E) regarding conditional uses in the Neighborhood Mixed Use Zoning District (NMU) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the NMU district. Section 30-52(D) regarding accessory uses in the Suburban Mixed Use Zoning District (SMU). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the SMU district. Section 30-52(E) regarding conditional uses in the Suburban Mixed Use Zoning District (SMU) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the SMU district. Section 30-55(D) regarding accessory uses in the Riverfront Mixed Use Zoning District (RMU). Amend Section (D) to include Small Solar Energy Systems as an accessory use permitted by right. Page 5 Item X - Text Amendments-Zoning Ordinance 6 This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the RMU district. Section 30-55(E) regarding conditional uses in the Riverfront Mixed Use Zoning District (RMU) Amend Section (E) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the RMU district. Section 30-60(P) regarding accessory uses in the Business Park Zoning District (BP). Amend Section (P) to include Small Solar Energy Systems as an accessory use permitted by right. This amendment is to include Small Solar Energy Systems as an accessory use permitted by right within the BP district. Section 30-55(Q) regarding conditional uses in the Business Park Zoning District (BP). Amend Section (Q) to remove Small Solar Energy Systems as a conditional use. This amendment is to remove Small Solar Energy Systems as a conditional use within the BP district. Section 30-74 regarding Table of Land Uses Amend table to include Small Solar Energy Systems as a permitted use in RH-35, SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-12, MR-20, MR-36, MH-9, NMU, SMU, RMU, and BP Districts. This amendment is to update the land use table to provide for consistency with the accessory uses (Small Solar Energy Systems) that have been added to the aforementioned zoning districts. Section 30-86(W)(1) regarding Small Solar Energy Systems regulations. Amend section (1) to allow Solar Energy Systems as permitted uses in all zoning districts as accessory structures. This amendment is to update the regulations section for Small Solar Energy Systems to provide for consistency with the amendments in the aforementioned zoning districts. Section 30-86(W)(4) regarding Small Solar Energy Systems regulations. Amend section (4), and remove subsections (a), (i-iii), to allow Solar Energy Systems as permitted uses in all zoning districts as accessory structures. This amendment is to update the regulations section for Small Solar Energy Systems to provide for consistency with the amendments in the aforementioned zoning districts and to remove subsections (a), (i), (ii), (iii). Page 6 Item X - Text Amendments-Zoning Ordinance 7 Staff feels that the proposed amendments to the Zoning Ordinance will resolve identified land use concerns and ultimately strengthen the Code. RECOMMENDATION Staff recommends that the Plan Commission recommend approval of the proposed amendments to the Oshkosh Zoning Ordinance. Page 7 PLAN COMMISSION STAFF REPORT JULY 6, 2021 ITEM XII: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE 30-35: (RH-35) Rural Holding Zoning District (K) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Farm Residence (9) Nonresidential Accessory Structure (10) Residential Stable (11) On-Site Parking Lot (12) Company Cafeteria (13) Incidental Outdoor Storage (14) Satellite Dish (15) Personal Antenna and Towers (16) Communication Antenna (17) Small Solar Energy Systems (L) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Migrant Employee Housing (2) On-Site Structured Parking (3) Small Wind Energy System (4) Small Solar Energy System 30-36: (SR-2) Single Family Residential–2 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite Page 8 Item X - Text Amendments-Zoning Ordinance 2 (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (4) Small Solar Energy System 30-37: (SR-3) Single Family Residential–3 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (4) Small Solar Energy System 30-38: (SR-5) Single Family Residential–5 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) Page 9 Item X - Text Amendments-Zoning Ordinance 3 (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (4) Small Solar Energy System 30-39: (SR-9) Single Family Residential–9 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (4) Small Solar Energy System 30-40: (DR-6) Duplex Residential–6 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel Page 10 Item X - Text Amendments-Zoning Ordinance 4 (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (4) Small Solar Energy System 30-41: (TR-10) Two Flat Residential–10 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (4) Small Solar Energy System 30-42: (MR-12) Multi-Family Residential–12 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility Page 11 Item X - Text Amendments-Zoning Ordinance 5 (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) (6) In-Family Suite (7) Nonresidential Accessory Structure (8) On-Site Parking Lot (9) Satellite Dish (10) Personal Antenna and Towers (11) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Kennel (2) On-Site Structured Parking (3) Communication Antenna (4) Small Wind Energy System (5) Small Solar Energy System 30-43: (MR-20) Multi-Family Residential–20 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) (6) In-Family Suite (7) Nonresidential Accessory Structure (8) On-Site Parking Lot (9) Satellite Dish (10) Personal Antenna and Towers (11) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Kennel (2) On-Site Structured Parking (3) Communication Antenna (4) Small Wind Energy System (5) Small Solar Energy System 30-44: (MR-36) Single Family Residential–2 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. Page 12 Item X - Text Amendments-Zoning Ordinance 6 (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) (6) In-Family Suite (7) Nonresidential Accessory Structure (8) On-Site Parking Lot (9) Satellite Dish (10) Personal Antenna and Towers (11) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Kennel (2) On-Site Structured Parking (3) Communication Antenna (4) Small Wind Energy System (5) Small Solar Energy System 30-45: (MH-9) Mobile Home Family Residential–9 Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) (6) In-Family Suite (7) Nonresidential Accessory Structure (8) On-Site Parking Lot (9) Satellite Dish (10) Personal Antenna and Towers (11) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Kennel (2) On-Site Structured Parking (3) Communication Antenna (4) Small Wind Energy System (5) Small Solar Energy System 30-51: (NMU) Neighborhood Mixed Use Zoning District Page 13 Item X - Text Amendments-Zoning Ordinance 7 (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) (6) In-Family Suite (7) Nonresidential Accessory Structure (8) On-Site Parking Lot (9) Company Cafeteria (10) Incidental Outdoor Display (11) Incidental Indoor Sales (12) Incidental Light Industrial (13) Satellite Dish (14) Personal Antenna and Towers (15) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Kennel (2) On-Site Structured Parking (3) Incidental Outdoor Storage (4) Communication Antenna (5) Small Wind Energy System (6) Small Solar Energy System 30-52: (SMU) Suburban Mixed Use Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) (6) In-Family Suite (7) Nonresidential Accessory Structure (8) On-Site Parking Lot (9) On-Site Structured Parking (10) Company Cafeteria (11) Incidental Outdoor Display (12) Incidental Indoor Sales (13) Incidental Light Industrial Page 14 Item X - Text Amendments-Zoning Ordinance 8 (14) Incidental Outdoor Storage (15) Satellite Dish (16) Personal Antenna and Towers (17) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Communication Antenna (2) Small Wind Energy System (3) Small Solar Energy System 30-55: (RMU) Riverfront Mixed Use Zoning District (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Recreational Facility (2) Landscape Feature (3) Home Occupation (4) Nonresidential Accessory Structure (5) On-Site Parking Lot (6) On-Site Structured Parking (7) Company Cafeteria (8) Satellite Dish (9) Personal Antenna and Towers (10) Small Solar Energy Systems (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements. (11) In-Home Daycare 4-8 Children (12) In-Family Suite (13) Incidental Outdoor Display (14) Incidental Outdoor Storage (15) Communication Antenna (16) Small Wind Energy System (17) Small Solar Energy System 30-60: (BP) Business Park Zoning District (P) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Recreational Facility (2) Landscape Feature (3) Nonresidential Accessory Structure (4) On-Site Parking Lot (5) On-Site Structured Parking (6) Company Cafeteria Page 15 Item X - Text Amendments-Zoning Ordinance 9 (7) Incidental Outdoor Display (8) Incidental Indoor Sales (9) Incidental Light Industrial (10) Incidental Outdoor Storage (11) Satellite Dish (12) Personal Antenna and Towers (Q) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements. (1) Communication Antenna (2) Small Wind Energy System (3) Small Solar Energy System 30-74: Table of Land Uses Page 16 Item X - Text Amendments-Zoning Ordinance 10 30-86: (W) Small Solar Energy System: Equipment and associated facilities that directly convert and then transfer or store solar energy into usable forms of thermal or electrical energy. Small Solar Energy Systems are accessory to a principal land use on a property and are designed primarily to generate energy for said principal land use. Regulations: (1) Solar energy systems (rooftop, building-mounted, and freestanding) are permitted by right as conditional uses in all zoning districts as accessory structures. (2) Freestanding solar energy systems shall comply with the requirements for accessory structures. Rooftop and building-mounted solar energy systems shall comply with the height limits and setbacks for primary structures. (3) See Article II for specific bulk, density, and intensity requirements for accessory structures in each district. (4) Solar energy systems will comply with are a conditional use in any district. The City will apply Wis. Stats. 66.0401 and 66.0403 of the Wisconsin Administrative Code as amended, in the evaluation of such requests. (a) No restriction shall be placed, either directly or in effect, on the installation or use of a solar energy system, unless the restriction satisfies one of the following conditions: (i) Serves to preserve or protect the public health or safety. (ii) Does not significantly increase the cost of the system or significantly decrease its efficiency. (iii) Allows for an alternative system of comparable cost and efficiency. Page 17