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HomeMy WebLinkAbout25. 21-368JULY 13, 2021 21-368 ORDINANCE FIRST READING (CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE PERTAINING TO SMALL SOLAR ENERGY SYSTEMS INITIATED BY: COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE TO IMPROVE IMPLEMENTATION OF THE ORDINANCE WHICH BECAME EFFECTIVE JANUARY 1, 2017 PERTAINING TO SMALL SOLAR ENERGY SYSTEMS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-35(K) is hereby amended to allow Small Solar Energy System as a permitted use in the Rural Holding Zoning District. SECTION 2. That Section 30-35(L) is hereby amended to remove (4) Small Solar Energy System. SECTION 3. That Section 30-36(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Single Family Residential-2 Zoning District. SECTION 4. That Section 30-36(E) is hereby amended to remove (4) Small Solar Energy System. SECTION 5. That Section 30-37(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Single Family Residential-3 Zoning District. JULY 13, 2021 21-368 ORDINANCE FIRST READING CONT’D SECTION 6. That Section 30-37(E) is hereby amended to remove (4) Small Solar Energy System. SECTION 7. That Section 30-38(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Single Family Residential-5 Zoning district. SECTION 8. That Section 30-38(E) is hereby amended to remove (4) Small Solar Energy System. SECTION 9. That Section 30-39(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Single Family Residential-9 Zoning district. SECTION 10. That Section 30-39(E) is hereby amended to remove (4) Small Solar Energy System. SECTION 11. That Section 30-40(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Duplex Residential-6 Zoning district. SECTION 12. That Section 30-40(E) is hereby amended to remove (4) Small Solar Energy System. SECTION 13. That Section 30-41(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Two Flat Residential-10 Zoning district. SECTION 14. That Section 30-41(E) is hereby amended to remove (4) Small Solar Energy System. SECTION 15. That Section 30-42(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Multi-Family Residential-12 Zoning district. SECTION 16. That Section 30-42(E) is hereby amended to remove (5) Small Solar Energy System. JULY 13, 2021 21-368 ORDINANCE FIRST READING CONT’D SECTION 17. That Section 30-43(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Multi-Family Residential-20 Zoning district. SECTION 18. That Section 30-43(E) is hereby amended to remove (5) Small Solar Energy System. SECTION 19. That Section 30-44(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Multi-Family Residential-36 Zoning district. SECTION 20. That Section 30-44(E) is hereby amended to remove (5) Small Solar Energy System. SECTION 21. That Section 30-45(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Mobile Home Residential-9 Zoning district. SECTION 22. That Section 30-45(E) is hereby amended to remove (5) Small Solar Energy System. SECTION 23. That Section 30-51(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Neighborhood Mixed Use Zoning district. SECTION 24. That Section 30-51(E) is hereby amended to remove (6) Small Solar Energy System. SECTION 25. That Section 30-52(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Suburban Mixed Use Zoning district. SECTION 26. That Section 30-52(E) is hereby amended to remove (3) Small Solar Energy System. SECTION 27. That Section 30-55(D) is hereby amended to allow Small Solar Energy System as a permitted use in the Riverfront Mixed Use Zoning district. JULY 13, 2021 21-368 ORDINANCE FIRST READING CONT’D SECTION 28. That Section 30-55(E) is hereby amended to remove (7) Small Solar Energy System. SECTION 29. That Section 30-60(P) is hereby amended to allow Small Solar Energy System as a permitted use in the Business Park Zoning district. SECTION 30. That Section 30-60(Q) is hereby amended to remove (3) Small Solar Energy System. SECTION 31. That Section 30-74 Table of Land Uses is hereby amended to allow Small Solar Energy System permitted by right in all zoning districts. SECTION 32. That Section 30-86(W)(1) is hereby amended to allow Solar Energy Systems as permitted uses in all zoning districts as accessory structures. SECTION 33. That Section 30-86(W)(4) is hereby amended to remove “Solar energy systems are a conditional use in any district” and remove Subsections (a), (i), (ii), and (iii). SECTION 34. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #21-XXX AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE PERTAINING TO SMALL SOLAR ENERGY SYSTEMS on July 27, 2021. The Ordinance updates provisions to improve implementation of the Zoning Ordinance pertaining to small solar energy systems. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: July 8, 2021 RE: Amend Various Sections of Chapter 30 Zoning Ordinance Pertaining to Small Solar Energy Systems BACKGROUND The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. ANALYSIS 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 various amendments to the Zoning Ordinance to permit small solar energy systems by right in all zoning districts. In 2017 when the updated zoning ordinance was adopted Plan Commission intentionally made the decision to require a Conditional Use Permit (CUP) to minimize potential negative impacts on adjacent property owners. Over the last four (4) years we have realized the perceived potential negative impacts were unfounded and the need for a CUP is no longer warranted. RECOMMENDATION The Plan Commission recommended approval of zoning ordinance amendments on July 6, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE Plan Commission meeting of July 6, 2021. 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. Item X - Text Amendments-Zoning Ordinance 2 This amendment is to remove Small Solar Energy Systems as a conditional use within the RH-35 district. 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. Item X - Text Amendments-Zoning Ordinance 3 This amendment is to remove Small Solar Energy Systems as a conditional use within the SR-5 district. 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. 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. 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). Item X - Text Amendments-Zoning Ordinance 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 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). 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. The Plan Commission approved of the zoning ordinance amendment on July 6, 2021. The following is Plan Commission’s discussion on the item. Staff report accepted as part of the record. The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Mr. Nielsen presented the item. 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. Staff recommends that the Plan Commission recommend approval of the proposed amendments to the Oshkosh Zoning Ordinance. Mr. Hinz opened up technical questions to staff. There were no technical questions on this item. Mr. Hinz asked if there were any public comments. There were no public comments on this item. Mr. Hinz closed public comments. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Hinz asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. 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 (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems Item X - Text Amendments-Zoning Ordinance 2 (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) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers Item X - Text Amendments-Zoning Ordinance 3 (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 (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot Item X - Text Amendments-Zoning Ordinance 4 (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 (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) (6) In-Family Suite (7) Nonresidential Accessory Structure Item X - Text Amendments-Zoning Ordinance 5 (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. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Home Occupation (5) In-Home Daycare (4-8 children) Item X - Text Amendments-Zoning Ordinance 6 (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 (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 Item X - Text Amendments-Zoning Ordinance 7 (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 (14) Incidental Outdoor Storage (15) Satellite Dish (16) Personal Antenna and Towers (17) Small Solar Energy Systems Item X - Text Amendments-Zoning Ordinance 8 (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 (7) Incidental Outdoor Display (8) Incidental Indoor Sales (9) Incidental Light Industrial (10) Incidental Outdoor Storage (11) Satellite Dish Item X - Text Amendments-Zoning Ordinance 9 (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 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. Item X - Text Amendments-Zoning Ordinance 10 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.