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Sustainability committee pushes to protect residents' rights to gardens, clotheslines and rooftop solar in new developments
Summary
Committee members want the village to encourage garden spaces in new residential subdivisions and to prevent developers or HOAs from restricting clotheslines, gardens and solar panels. They discussed options ranging from Plan Commission advocacy to ordinance amendments.
The Village of Cross Plains Sustainability Committee discussed several ways to ensure new developments allow or encourage resident gardens, outdoor clotheslines and rooftop solar.
Members said the primary avenues are (1) advising the Plan Commission when preliminary plats and developer agreements are reviewed and (2) pursuing ordinance changes to make certain uses permitted by right so developers or homeowners associations cannot prohibit them.
"We want people to be allowed to have garden space, like, not disallowed," said Melissa Gavin. Members noted that some homeowners associations include restrictive covenants that prohibit gardens, clotheslines or solar. The committee debated which recommendation is feasible: an advisory communication to the Plan Commission, or an amendment to the village ordinances (land division or zoning chapters) to explicitly permit gardens, clotheslines and rooftop solar as accessory uses.
Committee members cited precedent: they previously removed rooftop solar from needing a conditional-use permit and made it a permitted accessory use village-wide. That change, members said, is an example of how code amendments can create consistent rights across zoning districts. Members asked staff to check relevant code sections (chapters cited in discussion: land division and accessory-use rules) and to consult village planner and counsel about drafting ordinance text.
The committee also discussed encouraging garden spaces in multiunit developments (for example, requiring or recommending a minimum amount of shared garden space for projects over 10 units). Speakers noted that some requirements tied to subdivisions (such as developer agreements and preliminary-plat conditions) are decided during plan-review and developer-agreement negotiations.
Next steps: staff and the committee will (1) draft a short letter to the Plan Commission stating the committee's priorities, (2) ask village planning staff whether ordinance amendments are feasible and what chapters to amend, and (3) request sample language from other municipalities for clothesline and garden-permitting provisions.
