Agenda Packet - Meeting Portal

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Planning Commission
205 S. Webster Avenue
Omro, WI 54963
Regular Meeting
http://www.omro-wi.com/
~ Agenda ~
Tuesday, April 12, 2016
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
6:00 PM
Call to Order
Roll Call
Adoption of Minutes
1. Planning Commission - Regular Meeting - Dec 8, 2015 6:00 PM
Kennedy Avenue Access for Future Development - Eric Hoffman
1. Michigan Property
Extra-Territorial Certified Survey Map - Egan Bros.
1. Egan Bros Certified Survey Map
Omro-Winneconne Trail
1. Omro - Winneconne Trail Correspondence
I-1 Light Industrial District Regulations Ordinance
1. I-1 Light Industrial Regulations Ordinance
Discussion on Keeping of Chickens in City Limits
1. Ordinance Draft from June 2015
Adjournment
Generated 4/8/2016 4:46 PM
Barbara J Van Clake (920) 685-7000
Council Chambers
3.1
Planning Commission
Omro, WI 54963
Regular Meeting
~ Minutes ~
Tuesday, December 8, 2015
Barbara J Van Clake (920) 685-7000
6:00 PM
Call to Order
Council Chambers
Chairman Breu called the Planning Commission meeting to order at 6:00 PM in
the council chambers at Omro City Hall.
Attendee Name
Steve Jungwirth
Mark Van Pelt
Leon Franzke
David Weiss
Robert R. Breu
Herb Hellwig
Scott B. Jorgenson
John Blazel
Barbara J Van Clake
Dana Racine
Tim Dollitlle
Organization
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
Adoption of Minutes
Planning Commission Regular Meeting - Nov
11, 2014 6:00 PM
Public Hearing
Title
Commissioner
Chairman
Board Member
Attorney
Clerk/ Deputy Treasurer
Community Development Director
Resident
Status
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Arrived
6:05 PM
Mark Van Pelt motioned and Steve Jungwirth seconded to approve the
minutes of Planning Commission - Regular Meeting - Nov 11, 2014 6:00
PM as presented.
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Mark Van Pelt
SECONDER:
Steve Jungwirth
AYES:
Jungwirth, Van Pelt, Franzke, Weiss, Breu, Hellwig,
Jorgenson
Motion carried by [Unanimous] vote.
Chairman Breu opened the Public Hearing at 6:02 PM regarding the conditional
use request of Steve Zink for a micro/nano brewery in C-1 Central Commercial
District. The hearing was closed at 6:03 PM. The commission deliberated the
conditional use request.
No attendees spoke in favor or opposition to the conditional use being granted.
Clerk Barbara Van Clake informed the commission that the Zoning Board of
Appeals had determined that a micro/nano brewery in C-1 would be classified
as requiring a conditional use. The commission discussed the suggested
conditions recommended by staff and the zoning board of appeals.
approve the conditional
use request of Steve
Generated 12/9/2015 4:11 PM
The commission listed the following conditions to be placed on the
Steve Zink request for 115 E. Main Street:
Packet Pg. 2
Minutes Acceptance: Minutes of Dec 8, 2015 6:00 PM (Adoption of Minutes)
Roll Call
3.1
Regular Meeting
Zink for a micro/nano
brewery at 115 E. Main
Street based on the
conditions determined
during the meeting
6:00 PM
1.) The brewery premises and owner be subject to Omro Municipal
Code chapters 5.08.150 Closing Hours, 5.08.175 Demerit System,
5.08.180 Under Age Persons on Licensed Premises
3.) The brewery is limited to less than 7,500 barrels per year of
production.
4.) Violations of the demerit point system in Chapter 5.08.175
resulting in the accumulation of more than 300 points in a twelve
month period, 500 points in a twenty-four month period or seven
hundred fifty points in a thirty-six month period will initiate a review
of the conditional use permit for possible revocation or amendments
to the permit.
Leon Franzke motioned and Steve Jungwirth seconded to approve the
conditional use request of Steve Zink for a micro/nano brewery at 115 E.
Main Street based on the conditions determined during the meeting as
presented.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Leon Franzke
SECONDER:
Steve Jungwirth
AYES:
Jorgenson
New Business
C-1, C-2 and I-1
Ordinance Changes
for breweries,
wineries and
brewpubs
The commission reviewed staff recommended changes to C-1, C-2 and I1 ordinances for micro/nano breweries, brewpubs, wineries and
breweries.
Chapter 17.40 - C-1 CENTRAL COMMERCIAL DISTRICT
17.40.030 - Conditional uses.
A.
Any conditional use permitted in the R-3 multifamily residential
district, except that ground floor residences are prohibited.
B.
The off-street parking requirements may be modified by the
planning commission on a case-by-case basis. Such requirements, if
any, shall be determined in relation to use, street parking, municipalityowned parking lots and any other available parking areas.
C.
Dining and taverns, including: Bars, taverns and restaurants
serving alcoholic beverages and/or including live entertainment or
dancing.
D.
Wineries issued a “Class B” license pursuant to Wis. Stats. §
125.51(3)(am) for the consumption of wine by the glass or in open
containers on the premises, and for the sale of wine in the original
package or container to be consumed off the premises.
E.
Micro/Nano Breweries, producing less than 7500 barrels per
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2.) The brewery premises and owner be subject to Article 2 of Omro
Municipal Code Chapter 5.08, Offenses Involving Alcoholic
Beverages.
3.1
Regular Meeting
6:00 PM
annum, issued a brewer permit by the Wisconsin Department of
Revenue pursuant to Wis. Stats. § 125.29, and wholesalers issued a
license pursuant to Wis. Stats. § 125.28.
F.
Brew pubs combining a restaurant use with a brewing facility.
G.
Sexually orientated adult entertainment establishments as
licensed per Section 5.36 of this code; said code specifically does not
allow such establishments to be located within two hundred (200) feet
of any residentially zoned district, church, school, day care center,
public park or other licensed adult orientated establishments.
Automotive fuel filling stations.
Automobile, boat, and small engine sales and repair services.
Chapter 17.44 - C-2 HIGHWAY COMMERCIAL DISTRICT
A.
Amusement parks, including baseball batting ranges,
commercial skating rink, go-cart tracks, golf driving ranges and similar
establishments;
B.
Marinas;
C.
Any conditional use permitted in R-1 single-family residential, R2 duplex residential or R-3 multifamily residential districts, or C-1 central
commercial districts;
D.
Breweries, producing up to 15,000 barrels per annum, issued a
brewer permit by the Wisconsin Department of Revenue pursuant to Wis.
Stats. § 125.29
E.
Automobile, boats, mobilehomes and construction equipment
dealers, sales and engine service or repair shops;
F.
Agriculture-related business such as feed mills, farms coops,
farm implement dealers and other uses of similar nature;
G.
Drive-in theaters;
H.
Shopping centers and malls;
I.
Wholesale and building material supply establishments;
J.
Storage facilities.
Chapter 17.48 - I-1 LIGHT INDUSTRIAL DISTRICT
A.
Any conditional use permitted in C-2 highway commercial
districts, excluding wineries, micro/nano breweries and brewpubs.
B.
Breweries issued a brewer permit by the Wisconsin Department
of Revenue pursuant to Wis. Stats. § 125.29, and wholesalers issued a
license pursuant to Wis. Stats. § 125.28.
C.
Other uses found to be compatible with the purpose of this
district, subject to the approval of the plan commission.
D.
Storage facilities, excluding within the Omro industrial park.
E.
Knitting mills and the manufacture of products from the finished
product.
F.
Cleaning, dyeing and pressing establishments, and laundries,
except bag cleaning.
G.
Enameling and painting establishments.
recommend
ordinance
changes for
wineries,
micro/nano
David Weiss motioned and Herb Hellwig seconded to
recommend ordinance changes for wineries, micro/nano
breweries, brewpubs, and breweries for C-1, C-2 and I-1 to
council for approval as presented.
RESULT:
3|Page
Packet Pg. 4
H.
I.
3.1
breweries,
brewpubs, and
breweries for C1, C-2 and I-1 to
council for
approval
Auto Sales and
Service as Permitted
Use in C-2 zoning
Adjournment
adjourn the meeting at
6:53 PM
6:00 PM
MOVER:
David Weiss, Commissioner
SECONDER:
Herb Hellwig, Board Member
AYES: Jungwirth, Van Pelt, Franzke, Weiss, Breu, Hellwig,
Jorgenson
The commission discussed auto sales and service and whether it
should be a permitted use or conditional use in C-2 Highway
Commercial zoning. The topic will be brought back before the
commission for further discussion at a later date.
The meeting was closed at 6:53 PM
Herb Hellwig motioned and Mark Van Pelt seconded to adjourn the
meeting at 6:53 PM as presented.
RESULT:
MOVER:
Herb Hellwig, Board Member
SECONDER:
Mark Van Pelt
AYES:
Jorgenson
Respectfully Submitted by,
Barbara Van Clake, WCPC, MMC
Clerk /Deputy Treasurer
4|Page
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Regular Meeting
Attachment: Aerial Michigan Property - Hoffman (1851 : Michigan Property)
Kennedy Avenue
4.1.a
Packet Pg. 6
Attachment: Michigan Street Property CSM (1851 : Michigan Property)
4.1.b
Packet Pg. 7
4.1.b
Packet Pg. 8
4.1.b
Packet Pg. 9
Attachment: Certified Survey Map Egan Bros (1849 : Egan Bros Certified Survey Map)
5.1.a
Packet Pg. 10
5.1.a
Packet Pg. 11
5.1.a
Packet Pg. 12
6.1.a
From: Mitch Foster [mailto:administrator@winneconnewi.gov]
Sent: Friday, March 18, 2016 2:11 PM
To: Linda Kutchenriter
Subject: Winneconne-Omro Trail
Linda –
I have started reaching out to engineering firms to get a price on estimating the cost and timeline for
such a project. I have also listed out all of the property owners that we would need to be property for
the old rail line to be our trail base. Finally, my question to you would be if you would mind if I reach out
to these property owners to determine their willingness to sell said property for a designated multi-use
trail between our communities? If we get responses from the property owners that indicate no way,
then we can move forward with other options, but it may be a good idea to find that out early.
As we have discussed, I think this sort of a project would be key for our communities in order to become
more connected and to create destinations for people to visit. Plus, our residents would have more
recreation opportunities that they would enjoy.
Let me know your thoughts and enjoy the weekend.
Mitch
Mitchell W. Foster
Village Administrator
Village of Winneconne
administrator@winneconnewi.gov
This institution is an equal opportunity provider and employer.
From: Linda Kutchenriter [mailto:lkutch@omro-wi.com]
Sent: Tuesday, March 22, 2016 10:28 AM
To: Mitch Foster <administrator@winneconnewi.gov>
Subject: RE: Winneconne-Omro Trail
Hi Mitch!
I don’t believe this has been a discussion except during the comprehensive plan (briefly). Our attorney
has some very strict rules about talking to property owners about land acquisition. It has to be very
informal, if I remember right, or you are opening the door for eminent domain issues. I would need to
have further internal discussions with him and the council before answering this.
What part are you imagining the town or the county playing in this?
Linda
Packet Pg. 13
Attachment: Winneconne-Omro Trail (1852 : Omro - Winneconne Trail Correspondence)
Just wanted to get your impression of your boards support for a trail between our communities?
6.1.a
From: Mitch Foster [mailto:administrator@winneconnewi.gov]
Sent: Tuesday, March 22, 2016 10:57 AM
To: Linda Kutchenriter
Subject: RE: Winneconne-Omro Trail
My hope is that the two communities would agree on the need for a trail and that we could tacitly agree
to some sort of funding for the planning of the project. From that point, we could take this to the group
working on the Ped/Bike plan for the county as well as to the Town and see what sort of a joint project
we could get together.
This would be such a game-changing project that it would benefit all of us for quite some time.
Mitch
Packet Pg. 14
Attachment: Winneconne-Omro Trail (1852 : Omro - Winneconne Trail Correspondence)
The words eminent domain scare everyone so we would make sure that it would be strictly informal.
7.1.a
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Motion: ___________
Second: ___________
District 1 Jason Reeves
Rod Brusius
District 2 Steve Jungwirth
Ken Cady
District 3 Gordon Garvens
Larry Wright
Vote: __ to __
Second Reading
Referred to Council Meeting
Tabled
Withdrawn
Defeated
___/___/___
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Motion: ___________
Second: ___________
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Motion Result: _________
Rod Brusius
Ken Cady
Larry Wright
Vote: __ to __
Adoption
Tabled
Withdrawn
Defeated
___/___/___
___/ ___/___
___/___/___
___/___/___
___/___/___
Motion: ___________
Second: ___________
___
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Rod Brusius
Ken Cady
Larry Wright
Vote: __ to __
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ORD: AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 17.48 I-1 LIGHT INDUSTRIAL DISTRICT
REGULATIONS FOR THE CITY OF OMRO, WINNEBAGO COUNTY, STATE OF WISCONSIN.
WHEREAS, the City of Omro has an agreement with the Omro Area Development Corporation to conduct the
sale of property in the Omro Industrial Park; and
WHEREAS, the Omro Area Development Corporation has made revisions to the protective covenants of the
industrial park district that need to be updated in the Omro Municipal Code for consistency of industrial
development planning.
NOW THEREFORE BE IS RESOLVED that the Common Council of the City of Omro, Winnebago County,
Wisconsin does hereby ordain that Chapter 17.48 I-1 LIGHT INDUSTRIAL DISTRICT – OMRO INDUSTRIAL
PARK of the Omro Municipal Code shall be repealed and recreated and Chapter 17.49 I-2 LIGHT INDUSTRIAL
DISTRICT shall be added to the Omro Municipal Code to read as follows:
Chapter 17.48 - I-1 LIGHT INDUSTRIAL DISTRICT – OMRO INDUSTRIAL PARK
Sections:
17.48.010 - General purpose and conditions.
This district is intended to provide for manufacturing and industrial operations, which on the basis of
actual physical and operational characteristics, would not be detrimental to the surrounding areas by
reason of smoke, noise, dust, odor, traffic, physical appearance, or similar factors relating to the public
health, welfare and safety. Those industries requiring outdoor storage of raw materials and/or finished
products will be required to provide a fence or screen in accordance with the approval of the plan
commission.
(Ord. 420 (part), 2007)
17.48.020 - Permitted uses.
Permitted uses are those such as, but not limited to, the following:
A.
Any use permitted in C-2 shall be permitted in lots zoned C-2 but located within the Omro Industrial
Park; with the exception of sexually oriented adult entertainment establishments and residential uses.
B. Wholesale business;
Packet Pg. 15
Attachment: Industrial Park Covenants-Linda version (1853 : I-1 Light Industrial Regulations Ordinance)
First Reading
Tabled
Withdrawn
Defeated
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
Printing and publishing;
Manufacture or products from paper, but not the manufacture of paper or pulp;
Manufacturing and bottling of nonalcoholic beverages;
Processing, packing and manufacture of feed, except meat and meat products, fish and fish products,
sauerkraut and cabbage products;
Manufacture of products from wood, except the manufacture of paper or paper pulp;
Manufacture of sporting goods, home and office appliances and supplies;
Manufacture of goods from leather, but not the tanning of hides or manufacture of leather;
Commercial recycling operations;
Transportation terminals and facilities;
Laboratories;
Manufacture of jewelry and cosmetics;
Manufacture of cigars, cigarettes and smoking tobacco;
Blacksmithing, tinsmithing, sheet metal working, and plumbing shops;
Manufacture of goods from plastic;
Accessory uses clearly incidental to a permitted use;
Authorized signs;
Telephone, telegraph and power transmission towers, poles and lines, including transformers,
substations, relay and repeater stations, equipment housing and other necessary appurtenant
equipment and structures, wherever possible, cables shall be underground.
A. Any conditional use permitted in C-2 highway commercial districts shall be permitted as conditional uses
in lots zoned C-2 but located within the Omro Industrial Park; with the exception of general warehousing
and residential uses.
B. Other uses found to be compatible with the purpose of this district, subject to the approval of the plan
commission;
C. Storage facilities, excluding within the Omro industrial park.
D. Knitting mills and the manufacture of products from the finished product;
E. Cleaning, dyeing and pressing establishments, and laundries, except bag cleaning;
F. Enameling and painting establishments;
G. Wholesale brewing, manufacturing and bottling of alcoholic beverages;
17.48.040 - Omro area development corporation industrial park protective covenants.
I-1 light industrial zoned property and C-2 Highway Commercial Property which is located in the Omro
industrial park is subject to the conditions, covenants, restrictions, easements and protections hereby
declared to insure proper use and appropriate development and improvements of each building site
thereof; to protect the environment in this planned Omro industrial park; to guard against the erection
thereon of structures built of improper or unsuitable materials; to require conformance to applicable zoning
ordinances and building codes; to insure reasonable development of said property as an industrial district
including, but not limited to, proper setbacks from the street, adequate free space between structures,
adequate parking, and in general, to provide for a high quality of improvements on said property, to insure
that each building site will not adversely affect the general plan for physical development of the industrial
workers in the area, nor be detrimental to the use or development of other properties in the Omro
industrial park. It is the express purpose and intent of the Omro Area Development Corporation to create
jobs and employment.
17.48.050 - Omro industrial park land use.
Page 2 of 10
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7.1.a
7.1.a
A. All lands within the City of Omro Industrial Park shall be utilized only as provided in the
permitted uses in the City of Omro's Light and Heavy Industrial Zoning Districts. In addition to
the land use restrictions provided supra, the following guidelines shall be followed to allow
for the orderly development of the Industrial Park:
2. Omro Industrial Park real property located West of Lot Nos. 26, 27, 28, 29 and 30
shall be targeted for industrial development.
3. Omro Industrial Park real property located east of Schwab Ave (Lot numbers 25
thru 38) in Phase 2 shall be targeted for industrial development.
4. The Omro Area Development Corporation reserves the right to limit or restrict the
use of a particular lot or lots in the Omro Industrial Park, which reserved rights, are
hereby specifically relegated to the Omro Area Development Corporation.
17.48.060 - Plans and specifications.
A. No buildings, fence, wall, sign, advertising device, roadway, loading facility, outside storage
facility, parking areas, site grading, planting, landscaping, facility for industrial waste or sewage
disposal, nor any other improvement shall be commenced, erected or constructed, nor shall any
addition thereto or change or alteration therein be made (except to the interior of a building), nor
shall any change in the use of any premises be made, until the plans and specifications therefore,
showing any natural, kind, shape, height, material, color scheme, lighting and location on the lot of
the proposed use or change in the use of the premise, shall have been submitted to and approved
in writing by the building inspector and also in the Omro industrial park, the Omro Area
Development Corporation. A copy of plans and specifications as finally approved shall be filed
permanently with the Omro Area Development Corporation. The plans and specifications required
under this subsection shall be submitted to the Omro Area Development Corporation within one
year of any purchase of industrial park property.
B. The Omro Area Development Corporation shall have the right to refuse to approve any such plans
or specifications or proposed use of the premises for any reason which the Omro Area
Development Corporation, in its sole direction, may deem in the best interests of the Omro
industrial park, the owners/lessees, or prospective owners/lessees of the properties therein.
C. In the event the Omro Area Development Corporation should fail to approve or disapprove in writing
such site plans and elevation sketch within thirty (30) days after they have been submitted to the
Omro Area Development Corporation, such approval will not be required and this covenant will be
deemed to have been complied with.
D. At such time as the Omro Area Development Corporation desires to relinquish its authority under
these covenants, said authority shall insure to its successor or assigns.
E. The Omro Area Development Corporation City of Omro or the lessor reserves the right to
construct utility lines overhead and utility line, pipes and conduits underground through an area of
not more than ten feet in width across the real estate covered by this instrument and the grantee
or lessee agrees to execute any and all instruments necessary and reasonable for the further
development of the district, including the granting of easements of not more than thirty (30) feet in
Page 3 of 10
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1. Omro Industrial Park Lot Nos. 6, 7, 8, 9, 10, 11, 27, and 28 located west of Schwab
Ave in Phase 1 shall be targeted for commercial development.
7.1.a
width for future gas, water, sewerage, telephone, entrance and access roads and electrical lines,
provided that no such area or easements shall interfere with any building planned for or
constructed on the said real estate by the grantee or lessee.
F. Construction and alteration of all improvements in the Omro industrial park shall be in accordance
with the requirements of all applicable building, zoning, and other codes and regulations.
removed from the area of the Omro industrial park and if the owner of any lot has any excess of
such spoil excavated during construction, it shall be deposited at such location within the Omro
industrial park as the Omro Area Development Corporation shall in writing designate. However,
the owner of the lot from which such spoil is removed shall not be responsible for the leveling
thereof on any area so designated for depositing the excess spoil beyond. All spoil excavated or
dug or topsoil or black dirt on the Omro Industrial Park premises or any excess of such spoil
excavated during construction, shall be reviewed and directed by the Omro City Engineer or
Designee as to a location within the Omro Industrial Park as the Omro Area Development
Corporation shall in writing designate. The owner of the lot from which such clean spoil are
being removed shall be responsible for all costs including but not limited to the leveling,
grade preparation, silt fencing and erosion control, proper compaction on any area so
designated for depositing the excess spoil within the Omro Industrial Park premises.
H. However, if there is no need for excess spoil within the Omro Industrial Park, then the City
Engineer or Designee will direct in writing that all excess spoil must be removed from the Omro
Industrial Park at the owner’s expense.
I. Under state codes, all developed properties need to have a set water drainage plan. It is the
responsibility of the property owner to make sure that the originally approved plans for
drainage were followed in the final excavation. The property owner is responsible for bringing
property grade to existing master drainage plan.
17.48.070 - Development standards.
A. Buildings.
1. The front facade and street side facades shall be made of bricks, stones, architectural
concrete panels, architectural metals, architectural woods and/or glasses. Unfaced concrete
block, structural concrete, prefabricated metal siding, and the like are discouraged from such
facade areas. The use of these materials elsewhere shall only be in a manner approved by the
Omro Area Development Corporation.
2. All elevations of the building shall be designed in a consistent and coherent architectural
manner. No building shall exceed a maximum height of thirty-five (35) feet and must be no less
than 2500 square feet.
3. No materials, supplies, or products shall be stored; temporarily stored, or permitted to remain
on the premises outside a permanent structure without prior written consent of the Omro Area
Development Corporation.
B. Parking.
1. All present and future vehicular parking, including trucks, trailers, employee and visitor parking
shall be provided on the premises and shall comply with all the provisions of the applicable Omro
City zoning regulations.
Page 4 of 10
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G. No spoil excavated or dug black dirt or topsoil on the Omro industrial park premises shall be
7.1.a
2. Parking is prohibited on all public streets within the Omro industrial park area.
3. Sufficient off-street parking shall be provided for and planned for all the businesses'
employees, customers, and visitors.
a. A minimum parking space ratio of two spaces for each three employees shall be required
on the maximum employment labor shift of the grantee.
c. Lots bounded by more than one road may have parking areas within the building setback
lines along roads other than the road on which the building fronts, subject to approval of the
Omro Area Development Corporation
d. All parking areas and drives located to the sides, rear and front of any building shall be
improved with concrete, asphalt, or asphalt millings equivalent within twelve (12) months
from time that the occupancy permit is issued for said improvement on the site of
occupancy of the building improvement constructed on the site. Parking areas in the Omro
industrial park shall be maintained in a dust-free manner and must be properly drained. All
required ADA parking spaces and pathways for ingress and egress to the building must be
improved with concrete or asphalt hard surface prior to occupancy. Seal coating, chip and
tar, and other low cost methods of obtaining a hard surface may be used if in compliance
with the city of Omro street standards.If said parking area of other required improvements
are not to be completed at the time of occupancy, a quote must be presented documenting
the amount of said postponed improvement(s) and an escrow as designated by the City of
Omro Administrator or letter of credit (or bond) equivalent to 110% of said quote must be
provided to the OADC prior to occupancy. All driveway aprons in the city right-of-way must
be concrete or asphalt and meet all dimensions and specifications per Omro City
Ordinance
C. Setback Requirements.
1. Front Yard. No building shall be constructed on a site nearer than thirty (30) feet of the rightof-way of any public street or highway. In the case of corner lots, no building shall be constructed
within the designated setback of both abutting public streets or highways.
2. Side Yard. The minimum side yard shall be twenty (20) feet. In the event that two adjoining
sites shall be owned by the grantee and in the improvements of such site a building shall be
erected on these combined sites, then the side yard requirements on the interior line are waived.
3. Rear Yard. The minimum rear yards shall be twenty (20) feet, except the lots abutting U.S.
Highway 21 will be setback thirty (30) feet from U.S. Highway 21.
D. Signs.
1. A scale drawing of any sign, trademark, or advertising device to be used on any lot or exterior
of any building or structure shall be submitted to the Omro Area Development Corporation for
approval. Normally, the occupant's trademark and/or trade name may be displayed on the
building in the manner in which they are generally used by the occupant.
2.Signs within the Omro industrial park shall comply with the city of Omro sign ordinance in effect
on the date a sign is installed.
3.Billboards are not permitted.
4.Signs to be placed on the building or premises of the previously-described land are prohibited
unless such sign(s) has been reviewed and approved by the Omro Area Development
Page 5 of 10
Packet Pg. 19
b. The total parking area space shall be a minimum of one hundred eighty (180) sq. ft. per
car.
7.1.a
Corporation. However, if any owner does not agree with the decision of the Omro Area
Development Corporation, the owner shall have the right to appeal the decision to the city of
Omro zoning board of appeals. The determination of the city of Omro zoning board of appeals
shall be final. The decision on signs shall be based upon the design, location, size, and
appropriateness to the area of the proposed sign(s) as well as the city of Omro sign ordinance.
1. All fencing shall comply with the City of Omro fence ordinance. The front yard setback area of
each site shall be landscaped with an effective combination of street trees, trees, groundcover
(grass), and shrubbery or utilized for parking per section 4. All unpaved areas not utilized for
parking shall be landscaped in a similar manner, within one year after construction or change of
ownership is completed. The entire area of any property fronting on the U.S. Highway 21 shall be
densely landscaped with a combination of landscape plantings and each berming to create an
effective visual screen on all use areas with the exception of the building facade.
2.Side and rear yard setback areas not used for parking or storage shall be landscaped utilizing
ground cover and/or shrubs and trees.
3. Areas used for parking shall be landscaped and/or fenced in such a manner as to interrupt or
screen said areas from view from access streets, freeways and adjacent properties. Plant
materials used for this purpose shall consist of lineal or grouped masses or shrubs and/or trees.
4.Undeveloped areas proposed for future expansion shall be maintained in a weed-free
condition and shall be landscaped, as required by the Omro Area Development Corporation and
municipal code.
5.Architectural review by the Omro Area Development Corporation will take into account the
appearance of all buildings, parking areas, and storage areas as viewed from U.S. Highway 21.
6. Fences, walls, structurals, or other landscape foliage (other than grass) may not extend
forward of the city right of way.
F. Outdoor Storage.
1. No outside storage of any kind (including pallets and skids) shall be permitted unless such
storage material is visually screened from all access streets, U.S. Highway 21, and adjacent
properties with a suitable fence at least six feet in height or equal to the height of said contained
material with a maximum of 8’, whichever is greater. Said screening shall form a complete
opaque screen at least six feet or higher if needed or required by the Omro Area Development
Corporation.
2. No storage shall be permitted between a frontage street, or public street, highway, and
building line.
3. No waste materials or refuse may be dumped or permitted to remain on any part of the
property outside of the building.
4. Storage of fuel, oil, or other bulk fluids must be underground or in an appropriate above
ground container and visually screened as defined above.
5.Fences, walls or hedges may not exceed forward of building setback lines.
G.Street Number Marking. All buildings in the Omro industrial park must have their street number
displayed in a clearly visible and lighted area on the side of the building facing the street. This will
allow the building to be quickly located in the case of an emergency.
H.Covenant Committee.
Page 6 of 10
Packet Pg. 20
E. Landscaping/Fencing.
7.1.a
2.This committee make-up shall remain the same until fifty (50) percent of the land is sold or
improved with buildings, at which time one of the members designated as a party interested in
the city shall be replaced by a member to be chosen by the remaining four members, from
among those persons who are either individual owners, or the principal officers of a corporate
owner of lands within the said Omro industrial park, which is the subject of this declaration.
3.Vacancies shall be filled in the same manner. The Omro Area Development Corporation may
from time to time, select successor committee members from the Omro Area Development
Corporation's membership. The successor to said office shall have the authority to succeed as a
committee member. A majority of three members shall be empowered to act as and for the
covenant committee on any matter under jurisdiction of said committee with a minimum of two
Omro Area Development Corporation members present.
4.The city of Omro industrial park protective covenant for the Omro industrial park shall be
reviewed annually by the covenant committee and/or Omro Area Development Corporation.
I. Loading Docks.
1. Any lots fronting U.S. Highway 21 shall have loading docks facing Barnard Drive south.
2. A designated maneuvering area shall be established within the dimensions of the site, and in
observance of the respective setback requirements.
3. All loading and maneuvering areas shall be entirely contained on-site and behind the property
line. No vehicle shall be allowed to protrude beyond the property line while loading or unloading.
J. Refuse Collection Areas. No rubbish may be burned on the premises, within the Omro industrial
park except in an incinerator especially constructed and designated for this operation and approved
by the Omro Area Development Corporation and the Wisconsin Department of Industry, Labor, and
Human Relations.
K. Maintenance.
1.Each lot owner shall at all times keep his or her premises, buildings, improvements and
appurtenances in a safe, clean, neat and sanitary condition and shall keep all grass (mowed and
under eight inches in height), trees, and shrubbery in good appearance at all times and shall
comply with all laws, ordinances, and regulations pertaining to health and safety codes. Each lot
owner shall provide for the removal of trash and rubbish from his or her premises.
2.During construction, it shall be the responsibility of each lot owner to insure that construction
sites are kept free of unsightly accumulations of rubbish and scrap materials, and that
construction materials, trailers, shacks, and the like are kept in a neat and orderly manner.
3.It is the responsibility of the property owner to ensure that the landscaping is maintained in an
attractive condition. The property owner shall replace any damaged or dead trees, shrubs,
groundcovers, and sod within twelve (12) months or upon notifications by the Omro Area
4.The declarant agrees to maintain all undeveloped land owned by it within the Omro industrial
park in a manner compatible with the provisions of these covenants.
5.The lot owner and prime contractor(s) shall control soil and water loss, so as to prevent
damage to other properties and structures in the Omro industrial park and beyond.
Page 7 of 10
Packet Pg. 21
1.A covenant committee shall be appointed consisting of five members, two of whom shall be
designated by the owner of said Omro industrial park land owners and who are parties interested
in the city of Omro and three members designated from the membership of the Omro Area
7.1.a
L. Commencement/Completion of Construction/Repurchase Options.
2.If, after the expirations of said twenty-four (24) months, the grantee shall not have begun in
good faith the construction of an acceptable building upon said property, the Omro Area
Development Corporation shall have the option to refund the purchase price, minus any monies
paid to the owner for consideration of easements, encroachments or any other consideration
paid to the owner, and enter into possession of the property. The grantee hereby agrees to
appoint the city of Omro's city administrator as the grantee's attorney-in-fact, to sign any such
required deed and/or other transfer documents to accomplish the re-conveyance in the event the
Omro Area Development Corporation exercises its repurchase option. The attorney-in-fact may
execute documents deemed necessary to accomplish this purpose, on behalf of the grantee,
without liability to the grantee.
3.In the event any owner of land laying within the Omro industrial park shall desire to sell any
part of the land which at the time is unimproved, owned in such district separate and apart for the
improved portion of the tract owned, then the Omro Area Development Corporation shall have
the prior right and option to purchase the unimproved premises proposed to be sold at the same
price per acre paid by the owner of said land when originally acquired from the Omro Area
Development Corporation, minus any monies paid to the owner for consideration of easements,
encroachments or any other consideration paid to the owner. Prior to any sale of such premises,
the owner of such tract, his or her successors or assigns, shall notify the Omro Area
Development Corporation in writing of his or her intention to sell, describing the premises to be
sold, and the Omro Area Development Corporation shall have sixty (60) days from the date of
receipt of such notice to exercise its option.
4.In the event of acceptance of such offer by the Omro Area Development Corporation,
conveyance shall be by warranty deed free and clear of all liens and encumbrances created by
act or default of the purchaser. In the absence of written notification sent by the Omro Area
Development Corporation or its election to exercise said option, such owner shall be free to sell
such premises to any persons, firm, or corporation and at any price deemed desirable by such
owners.
5.Use of said lands by any purchases shall be subject to the applicable zoning ordinances,
restrictions, and regulations of the city of Omro and these city of Omro industrial park protective
covenants.
6.All property owners of land in the city of Omro industrial park shall consult with the Omro Area
Development Corporation prior to selling or leasing any parcel within the Omro industrial park.
M.Variances. Notwithstanding anything herein contained to the contrary, the Omro Area Development
Corporation expressly reserves the right at any time and from time to time to authorize variances from
the strict application of these city of Omro industrial park protective covenants or any one or more of
them where the circumstances, in its sole and exclusive judgment, justifies the granting of same. Any
variances hereunder shall be in writing and executed by an authorized officer of the Omro Area
N.Enforcement and Invalidation.
Page 8 of 10
Packet Pg. 22
1.The grantee agrees to commence in good faith the construction of building and site
improvements, duly approved in accordance with these city of Omro industrial park
covenants, Section 17.48.060, "Plans and specifications" hereof, twenty-four (24) months from
the date of the deed in which these protective covenants are attached or incorporated in by
reference and substantially complete same within a reasonable time thereafter.
7.1.a
2.The invalidation of any one or more of the city of Omro industrial park protective covenants, or
restrictions herein set forth, or the failure to enforce any of the said restrictions at the time of its
violation(s), shall in not way effect any of the other restrictions, nor be deemed a waiver of the
right to enforce the same thereafter.
O.Subsequent Amendment/Alteration to Protective Covenants. Any purchaser of land within the Omro
industrial park who purchases land with notice of these protective covenants agrees to be bound by
any reasonable amendment to these covenants as determined by the Omro Area Development
Corporation in its sole discretion. The Omro Area Development Corporation shall possess the
absolute right and authority to alter or amend these protective covenants as it sees fit in the best
interest of the Omro industrial park. All purchases of land within the Omro industrial park consent to
any reasonable amendment to these covenants as determined by the Omro Area Development
Corporation in its sole discretion.
Chapter 17.49 - I-2 LIGHT INDUSTRIAL DISTRICT (Areas Outside the Omro Industrial Park)
Sections:
17.49.020 - Permitted uses.
Permitted uses are those such as, but not limited to, the following:
A.
B.
C.
D.
E.
F.
Any use permitted in the C-2 Highway Commercial District
Wholesale business;
Printing and publishing;
Manufacture or products from paper, but not the manufacture of paper or pulp;
Manufacturing and bottling of nonalcoholic beverages;
Processing, packing and manufacture of feed, except meat and meat products, fish and fish
products, sauerkraut and cabbage products;
G. Manufacture of products from wood, except the manufacture of paper or paper pulp;
H. Manufacture of sporting goods, home and office appliances and supplies;
I. Manufacture of goods from leather, but not the tanning of hides or manufacture of leather;
J. Commercial recycling operations;
K. Transportation terminals and facilities;
L.
M.
N.
O.
P.
Q.
Laboratories;
Manufacture of jewelry and cosmetics;
Manufacture of cigars, cigarettes and smoking tobacco;
Blacksmithing, tinsmithing, sheet metal working, and plumbing shops;
Manufacture of goods from plastic;
Accessory uses clearly incidental to a permitted use;
Page 9 of 10
Packet Pg. 23
1.In the event the grantee violated any of the terms and conditions hereof and fails to cure same
within thirty (30) days, after the receipt of a written notice from the Omro Area Development
Corporation to do so, then the Omro Area Development Corporation hereby reserves the right,
privilege, and license to enter upon the premises at any time and take action to cure such
violation(s). All reasonable cost thereof shall be at the expense of the violator. In addition, the
Omro Area Development Corporation may pursue any other legal remedies available to it to
enforce the city of Omro industrial park protective covenants and restrictions set forth herein.
7.1.a
A. Any conditional use permitted in C-2 highway commercial districts.
B. Other uses found to be compatible with the purpose of this district, subject to the approval of the plan
commission.
C. Storage facilities
D. Knitting mills and the manufacture of products from the finished product.
E. Cleaning, dyeing and pressing establishments, and laundries, except bag cleaning.
F. Enameling and painting establishments.
G. Wholesale brewing, manufacturing and bottling of alcoholic beverages;
17.49.060 - Plans and specifications.
A.
Building Setback Requirements.
1. Front Yard. No building shall be constructed on a site nearer than thirty (30) feet of the right-ofway of any public street or highway. In the case of corner lots, no building shall be constructed
within the designated setback of both abutting public streets or highways.
2. Side Yard. The minimum side yard shall be twenty (20) feet.
3. Rear Yard. The minimum rear yards shall be twenty (20) feet, except the lots abutting U.S. Highway
21, will be setback thirty (30) feet from U.S. Highway 21.
B. Landscaping/Fencing.
1. All fencing shall comply with the City of Omro fence ordinance.
2. Fences, walls, structural, or other landscape foliage, other than grass, may not exceed forward of
the city right-of-way.
C. Outdoor Storage.
1. No outside storage of any kind , including pallets and skids, shall be permitted unless such storage
material is visually screened from all access streets and adjacent properties with a suitable fence
at least six feet (6’) in height or equal to the height of said contained material with a maximum of
8’, whichever is greater. Said screening shall form a complete opaque screen up to a point six feet
(6') or higher.
2. No storage shall be permitted between a frontage street, or public street, highway, and building
line.
3. No waste materials or refuse may be dumped or permitted to remain on any part of the property
outside of the building.
4. Storage of bulk fluids must be underground or in an appropriate above ground container and
visually screened as defined above.
D. Loading Docks.
1. A designated maneuvering area shall be established within the dimensions of the site, and in
observance of the respective setback requirements.
3. All loading and maneuvering areas shall be entirely contained on-site and behind the property line.
No vehicle shall be allowed to protrude beyond the property line while loading or unloading.
Page 10 of 10
Packet Pg. 24
R. Authorized signs;
S. Telephone, telegraph and power transmission towers, poles and lines, including transformers,
substations, relay and repeater stations, equipment housing and other necessary appurtenant
equipment and structures, wherever possible, cables shall be underground.
8.1.a
Attachment: April 5th Council Motion (1850 : Ordinance Draft from June 2015)
On April 5th the common council adopted a motion to send the request for chickens in the city back to
the Planning Commission for consideration and to answer the questions and bring it back to the city
council in its entirety with a complete response. Motioned by Jason Reeves, seconded by Larry E
Wright. The motion was carried by unanimous roll call vote of the city council.
Packet Pg. 25
8.1.b
Regular Meeting
~ Minutes ~
Tuesday, June 9, 2015
6:00 PM
Call to Order
Omro, WI 54963
Barbara Van Clake (920) 685-7000
Council Chambers
Mayor Breu called the Planning Commission to order at 6:00 PM in the council
chambers at Omro City Hall.
Roll Call
Attendee Name
Steve Jungwirth
Mark Van Pelt
Leon Franzke
David Weiss
Robert R. Breu
Herb Hellwig
Scott B. Jorgenson
Martin Johnson
John Blazel
Linda K Kutchenriter
James Reed
Angela Reed
Scott Harper
Amy Harper
Brett Ellis
John Steen
Sally Slusarski
Dr. Tom Dowling
Randy Chapin
Bonnie Chapin
Tim Doolittle
Darin Treleven
Dave Treleven
Larry R Wright
Kari Ann Vonderloh
Jason A. Reeves
Mike Lau
Organization
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
Ellis Fencing
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
City of Omro
MSA Professional Services
Adoption of Minutes
Planning Commission Regular Meeting - Apr
14, 2015 6:00 PM
Generated 6/11/2015 11:22 AM
Title
Commissioner
Public Works Director
Parks Committee Chair
Commissioner
Chairman
Commissioner
Commissioner
Building Inspector
Attorney
City Administrator
Police Chief
Resident
Resident
Resident
Resident
Committee Member
Business Owner Rep
Business Owner
Resident
Resident
Resident
Resident
Resident
Aldermanic Representative
Engineer
Status
Present
Present
Present
Present
Present
Present
Absent
Absent
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Arrived
Steve Jungwirth motioned and Leon Franzke seconded to approve the
minutes of Planning Commission - Regular Meeting - Apr 14, 2015 6:00
PM as presented.
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Steve Jungwirth, Commissioner
SECONDER:
Leon Franzke, Parks Committee Chair
Packet Pg. 26
Attachment: June 9th 2015 Planning Commission Minutes (1850 : Ordinance Draft from June 2015)
Planning Commission
8.1.b
Regular Meeting
6:00 PM
New Business
recommend the
ordinance change to 4’
fence with 50% open
for the first 25’ from
the lot line or front of
house, whichever is
closer, and then 6’
privacy fence
Fence ordinance request: Amy & Scott Harper of 525 Jefferson Avenue
and James Reed of 533 Jefferson Avenue spoke in favor of allowing a 6’
fence in the sideyard. They stated that there used to be an 8’ shrub all
the way to the sidewalk with no issues at their location. They cited
safety for kids and animals as well as privacy issues. Brett Ellis of Ellis
Fence, 1747 Justin Drive, stated that Oshkosh allows a 4’ fence with 50%
open in the first 10‘ of the front lot and with privacy for the next 15’ as
well as the 6’ privacy fence in the side yard. He recommends the 4’
fence for safety for children and animals. A class 2 public hearing will
be held due to the change to the zoning code.
Mark Van Pelt motioned and Steve Jungwirth seconded to recommend
the ordinance change to 4’ fence with 50% open for the first 25’ from
the lot line or front of house, whichever is closer, and then 6’ privacy
fence as presented.
RESULT:
MOVER:
Mark Van Pelt, Public Works Director
SECONDER:
Steve Jungwirth, Commissioner
AYES:
Jungwirth, Van Pelt, Franzke, Weiss, Breu, Hellwig
ABSENT:
Scott B. Jorgenson
Design Criteria for
Future Road
Construction
Mike Laue of MSA presented planning documents that laid out options
for future streets. Information included street types, curbing, storm
sewer vs. ditching, rural vs. urban, widths recommended by DOT, etc.
Prices for basic finishing (excluding landscaping, water & sewer,
driveways, etc.) was also provided for reference. Mike stated that the
typical concrete street lasts 25 years and blacktop only 10-15. If you
add curb and gutter, blacktop streets tend to last another 10 years. All
streets require maintenance such as crack filling for both types and
sealing blacktop.
Discussion on
Parking Restrictions
on Non-Paved
Surfaces
Herb Hellwig spoke about his concerns with parking on non-paved
surfaces in the community. He stated he is not concerned with the
antique tractor or whether they have 2 tires parked on the lawn. He is
concerned about car parked in the front yard. Herb stated he spoke to
the Mayor and the Mayor stated he does not want Omro to turn into a
police state. Herb indicated he doesn’t want it to look like rural
Mississippi either. He decided it was time to dump everything on the
table and feels we shouldn’t e operating the city based on if someone
complains.
Chief Reed: “If I was to go through every ordinance and enforce
2|Page
Packet Pg. 27
AYES:
ABSENT:
Scott B. Jorgenson
8.1.b
6:00 PM
everything, I would be in trouble, as would Herb. We deal with safety
first, as well as health, drug sales, burglars, and being proactive against
crime. To use the ordinance we need to know the effective date of the
zoning code vs. the issue. We use the common sense approach, we
don’t stop speeders for going 26 mph. The only one I have heard
complain is Herb. If someone wants to sell a personal vehicle, we allow
that. We allow construction vehicles as they need their equipment to
run their business and don’t have areas to park. There are places in
town that can’t even fit 1 car in the driveway. We react without
complaint to cars that don’t have the grass mowed under them, to junk
vehicles. Be prepared to hire 3 more officers to go through ordinances
if we do anything above and beyond.”
Herb indicated most of his concern lies with commercial properties.
Tom Dowling, Dowling Dental, 1771 E. Main Street, suggested we get rid
of the ordinances. “I don’t need a lawn Nazi telling me what to do with
my property.”
Tim Doolittle, 232 Adams, stated he did a survey of his area in 2006 and
70% of households had some type of vehicle or trailer in their yard. “I
will gravel my whole yard.”
recommend council not
proceed with the
chicken ordinance
An alderman had requested that allowing chickens in the city limits be
placed on the council agenda. Staff brought it to the Planning
Commission for further discussion. A list of questions to be addressed
was presented by Linda Kutchenriter. Enforcement issues and health
and noise concerns were discussed. Dave Treleven, 520 Waukau Road,
stated, “If you allow none, you have the problem solved.” John Steen,
822 E. River Drive, stated, “Chief Reed says he doesn’t need another
ordinance to go out and enforce. You would be opening a door you
don’t want to open. Bird flu could be a problem.”
Herb Hellwig motioned and Mark Van Pelt seconded to recommend
council not proceed with the chicken ordinance as presented.
RESULT:
MOVER:
Herb Hellwig, Commissioner
SECONDER:
AYES:
ABSENT:
Scott B. Jorgenson
Future Land Use Map / Plan Administrator Kutchenriter informed the Commission that the city made some
Amendment
zoning amendments to correct zoning errors discovered at 105 W. River Drive.
This area may also want to be further reviewed for future land use zoning
amendments.
Zoning Corection
An error on the zoning map was taken care of by staff for 105 W. River
Drive. The future land use map will be addressed for that location when
we update the comprehensive plan.
3|Page
Packet Pg. 28
Regular Meeting
8.1.b
Adjournment
adjourn the meeting at
8:00 PM
6:00 PM
The meeting was closed at 8:00 PM
Mark Van Pelt motioned and David Weiss seconded to adjourn the
meeting at 8:00 PM as presented.
RESULT:
MOVER:
SECONDER:
David Weiss, Commissioner
AYES:
ABSENT:
Scott B. Jorgenson
Respectfully Submitted by,
Barbara Van Clake, WCPC, MMC
Clerk /Deputy Treasurer
4|Page
Packet Pg. 29
Regular Meeting
8.1.c
Chicken Questions:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Interested in pursuing an ordinance allowing chickens in the city limits?
Should we hold a public hearing?
Which zones?
How many chickens? Different number in different zones? Or based on acreage?
Other fowl or agricultural animals? Turkeys, ducks, geese, potbellied pigs, pigeons, others?
Who handles complaints?
Who assures they are permitted? Fees?
State and county health codes?
Who determines if it is unsanitary conditions? Definition?
Distance from neighbors? Schools? Churches? Businesses?
Building permit requirements? Accessory Structure? Open vs. closed coops? Runs? Allowed
out of coop? (Keeps them quieter in morning.)
Odor? Cleaning? How often? Proper poultry waste disposal?
Removal of coop not in use?
Rodents?
Communicable Diseases?
Quarantine?
Annual inspections?
Noise at night? Enforceable?
To butcher or not to butcher?
Breeding, selling live chicks?
Sell eggs?
Too hot or too cold or too wet a concern? Neighbors will complain about lack of space, lack of
water, temperature, smell, look of chicken coop/run, loose chickens.
Insect control?
Loose chickens fine?
Neighbor permission? Neighborhood permission? 100%? New neighbor concerns?
Covenants?
Hearing? Conditional use?
Penalties?
Jason A. Reeves motioned and Rod Brusius seconded to direct staff to work on an ordinance allowing
chickens to be kept in the city and bring back before the council for consideration as presented. RESULT:
APPROVED [4 TO 2] MOVER: Jason A. Reeves, Alderman District 1 SECONDER: Rod Brusius, Alderman
District 1 AYES: Rod Brusius, Jason A. Reeves, Ken Cady, Gordon Garvens NAYS: Steve Jungwirth, Larry R
Wright Motion carried by [4 to 2] vote.
Packet Pg. 30
Attachment: Chicken Questions information (1850 : Ordinance Draft from June 2015)
Why did the chicken cross the road in Omro? To avoid a conditional use permit. In order to provide an
ordinance on allowing chickens in the city limits, we need the Planning Commission to answer the
following questions.
8.1.c
Fort Collins requires each hen to have two square feet of space. The proposed change would bump
that up to four square feet per chicken. So while chickens themselves have not been a problem so
far, the precedent set by allowing them in the city has had a ripple effect.
"I would caution that this will lead to opening the door to other agricultural livestock," Porter said.
"Now, we're looking at goats within city limits — potbelly pigs. But chickens are a non-issue."
Chickens are expensive to care for.
Pastured eggs are so expensive at the store, you think you'll save money by raising them yourself.
Indeed, hatchery chicks cost only a few bucks apiece, and they'll eat just about any food you give
them. But there are other costs. "Chickens attract flies, bird mites and lice, mice, yard birds,
squirrels, raccoons, dogs, coyotes, fox, mink, opossum, rats, owls, bobcats, hawks, snakes,
weasels, ferrets, fishers, martens, and vandals," says Britton Clouse. Also, a vet visit for a sick bird
starts at $50, assuming the vet even knows how to handle chickens.
Setting up a coop with maintenance, tools, cleaning equipment, heating and cooling appliances,
dishes, nets, food storage, a scale, fencing, security locks, lighting, motion detectors, monitors,
cameras, and a city permit to make sure the whole thing is legal costs about $5,000. Food, bedding,
supplements, utilities, and vet care cost about $300 more per bird, Britton Clouse says.
In a previous post, urban homesteader Jennifer Reese, author of Make the Bread, Buy the Butter,
estimated that after all of her chicken-keeping costs, she's spending $2.12 per pastured egg. You
could save on some of these costs, of course, by treating your chickens cruelly. Sadly, Britton
Clouse has seen chickens kept in freezing conditions, with missing toes from frostbite, or kept in tiny
coops no better than the battery cages.
Hens don't lay forever.
Humans have bred chickens to be egg machines. Wild hens produce a few clutches of eggs yearly
to replenish the flock, but starting at about six months, domesticated hens lay an egg daily. After
about 18 months, egg production slows down, and eventually stops.
That's when Chicken Run Rescue or Farm Sanctuary typically gets a call, or when the homesteader
kills the hen. Chickens can live for up to 15 years, same as a dog or a cat. Any homesteader serious
about being humane needs to ask herself this: Am I OK with being a retirement home for nonlaying
chickens? The chickens would surely prefer a yes.
How popular is raising backyard chickens?
“It’s not very popular,” said Drew Pennington, director of planning and building services for the city of Beloit, where
an ordinance allowing backyard chickens went into effect in January.
“It’s very popular,” said Sharon Hensen, humane officer for the city of Green Bay, which has been issuing permits for
backyard chickens for two years.
Packet Pg. 31
Sioux Falls does require that uneaten food is removed on a daily basis and feed stored outdoors
needs to be kept in a closed, weather-resistant container.
8.1.c
Pennington said he has been surprised by how few people applied for permits to have chicken coops in their yards.
Beloit’s ordinance limited the number of permits to 30 in the first year, but the city has only issued 10 or 11 permits.
Green Bay, on the other hand, has issued more than 50 permits, and Hensen said she expects neighboring suburbs to
follow Green Bay’s lead in allowing backyard chickens.
Hensen and Pennington were in agreement on one thing: There have been very few complaints about backyard
chickens.
“We expected a lot more,” said Pennington. “We fought the ordinance vehemently, but the Council approved it. We’ve
only received a handful of complaints.”
One of the complaints, he said, was because of a rooster, which the ordinance does not allow. Another was because
someone was keeping ducks, not chickens.
Hensen said she has only received two complaints, both of which involved chickens running loose.
Neither Hensen nor Pennington reported complaints about chicken coops smelling bad, which, according to letters to
the paper and my email, is the main fear people have about urban chickens.
The reason for that, I think, is more people are familiar with chicken farms than backyard chickens. Kenosha County
had a chicken farm that actually became famous for its smell. Neighbors complained that the Quality Egg Farm in
Bristol, which had 110,000 hens, was a nuisance that caused them personal discomfort and reduced their property
values.
In 1980 a county judge ordered the egg farm to reduce the odors, but the farm fought the order and the contempt
citations that followed. According to a story in the Wisconsin State Journal in 1983, the dispute prompted the passage
of a right-to-farm law that exempted farms in areas zoned for agriculture from being sued for creating nuisance
conditions.
The egg farm eventually lost its appeals and was forced to close in 1983, all because it smelled bad.
That’s what city folks like me know about egg farms, but egg farms and backyard chicken coops don’t have much in
common. People who want to have chickens in their yard are usually content with four. Some cities allow six or even
eight, but four is the number I see most often.
There is a big difference between four chickens and 110,000 chickens in terms of olfactory impact.
“I haven’t had any complaints on smell,” Hensen said. “People want healthy eggs, so they stay on top of their pens.”
Packet Pg. 32
If Kenosha allowed backyard chickens, it’s hard to say how many people would actually put a coop in the yard. The
Kenosha Backyard Chickens Facebook page has more than 100 “likes,” but some of them could be just spectators.
8.1.c
Village of Richfield
Posted on 04-29-2014
In the Village (generally speaking) 66% of the land uses allow for the
keeping and raising of chickens for personal consumption and enjoyment
as either a Conditional Use Permit or as an accessory use. But, in the
33% where it is not allowed are those areas in platted residential
subdivisions or where the acreage is less than 4ac.
We currently have a small contingent of residents who are interested in
abolishing our zoning restrictions regarding chickens and making them
permitted uses in all the Village's residential properties regardless of
subdivision covenants, lot size, etc.
Does anyone have any positive/negative feedback on these types of
"urban chickening" ordinances that they would be willing to share?
Thank you in advance for any currently adopted ordinances or anecdotal
information about successes or failures your community has
experienced.
JRH
John Olson
Town Administrator
Town of Delavan
Hi James,
Attached is the Walworth County Ordinance allowing chickens in
residential zones and the Town of Delavan Ordinance restricting and not
allowing chickens in residential zones.
Attachments

John Olson
Town Administrator
Town of Delavan
1398804206_22135.doc
Walworth County Ordinance
Attachments

Daniel
Mahoney
Village of Plover
William L.
1398804320_22136.docx
We had a request to create an ordinance allowing chickens within the
Village last year (a complaint was filed regarding a property owner who
illegally had chickens which led to the ordinance proposal). We held a
public hearing regarding a proposed ordinance. While not many attended
the public hearing, those that did were living next to those who illegally
had chickens. They testified about odors and noise. Based on those
complaints the Village Board did not approve the Ordinance. I would add
that the Village Board also felt pretty strongly that chickens should not
be allowed in an urban setting. Interestingly, Stevens Point, which is
located immediately north of us, has passed an ordinance allowing a
limited number of chickens to be kept on residential property.
Packet Pg. 33
ames Healy
8.1.c
Owner
Forrest & Associates,
LLC
Gary Rogers,
Jr.
City Administrator
City of Fox Lake, WI
James, you might check ordinances in Appleton and Madison, which I
believe both allow keeping chickens in residential areas.
While in Iowa, the City of Cedar Rapids approved chickens in the
community (urban area over 120,000). I believe they allowed up to 6
birds and no roosters. For a controversial issue - they had no negative
impacts that was reported. The deed restrictions for newer developments
prohibited the land owners from having any kind of farm animal.
The issue is overblown. I also once thought chickens should not be in an
urban area - but they have less impact than a person with a noisy dog or
two. An ordinance that limits the number of birds and prohibits roosters the vocal character, seems to work.
Good Luck.
Scot Simpson
City Administrator
City of River Falls
I recommend planning the passage of your multi-million dollar CIP or
budget on the same night you review the chicken ordinance. You can
count on a large group of "peep"le showing up for the public hearing.
Although in the case of River Falls, they all left right after the Council
voted against allowing chickens.
We have a draft ordinance allowing up to 4 birds, no roosters, etc...
James Healy
Village of Richfield
Gentlemen,
Thank you very much for the wealth of information! This whole week I've
been pretty 'cooped up' reviewing area ordinances so your insights have
all been 'Eggcellent'. Hope you all have a wonderful rest of your day!
JRH
Jim
Victoria
Henschel
Assistant
Administrator
Village of Bellevue
Jim~
You might want to contact the City of Wauwatosa. They have an
ordinance regarding the keeping of chickens in residential areas.
Linda:
We have not had complaints, but it’s more likely because we have had only a couple of applicants. Our
ordinance contained a provision that required residents to get the sign off from all of their adjoining
neighbors. I can’t say for sure that this has resulted in people not applying for the permits, but we
aren’t getting them. Some people theorize that residents have gone “underground” with their
Packet Pg. 34
Forrest
8.1.c
chickens. With that said, if people have gone “underground,” I am not aware of complaints about
illegally housed chickens without a permit.
Hope this helps.
Mark
Mark A. Rohloff, City Manager
City of Oshkosh
Packet Pg. 35
8.1.d
Diseases Caused by Chickens
Chickens can pass disease to humans. In particular, the
transmission of avian flu and bacteria are of great concern. Live
chickens can pass avian flu to humans and bacterial infections can
be transmitted through contact with the birds. Staph infections
and food poisoning can be contracted if proper food handling procedures are not followed.
Properly cooking chicken removes part of the risk but it does not remove all risk. Care should be
used when in contact with chickens.
1. Salmonella
Salmonella is the most common type of bacterial infection that humans can contract
from chickens. It is a normally occurring gut bacterium; however, when a chicken is kept
under stressful conditions the balance in the gut gets out of whack. Salmonella is passed
from chicken to egg during shell formation. It also resides within the chicken's body.
Safe food handling procedures minimize the risk.
2. Campylobacter Enteritis
Campylobacter enteritis is another bacteria that causes food poisoning in humans. It is
passed from chicken to human, usually through undercooked meat. This bacterium is
very susceptible to heat. Proper cooking temperatures and timing are extremely
important methods of keeping campylobacter enteritis under control.
3. Staphylococcus Aureus
Commonly referred to as a staph infection, staphylococcus aureus can be transmitted
from raw chicken to humans as well as from live chickens to humans. Once
staphylococcus aureus is contracted, humans can spread it to other humans as it is
highly contagious.
4. Avian Flu
This is a serious viral infection that has many people worried. Some medical
professionals feel that avian flu will be the next flu pandemic. There are two strains of
avian flu of particular concern. Both H7N7 and H5N1 are proven to pass from poultry to
humans. The first was noted in an outbreak back in 1997 in The Netherlands. Almost
100 individuals became infected with this virus as a result of direct contact with
chickens and poultry. The H5N1 is more recent. First identified in 2004, it remains a
worldwide concern.
5. Considerations
Current large-scale poultry farming practices are part of the problem associated with
disease transmission from chicken to humans. Raising chickens in extremely close
quarters is unhealthy and promotes the accelerated spread of disease. Reducing the
number of chickens per building and adhering to proper food-handling guidelines
greatly reduces the outbreaks of diseases passed from poultry to human.
Read more : http://www.ehow.com/about_5036304_diseases-caused-chickens.html
Packet Pg. 36
Attachment: Diseases Caused by Chickens (1850 : Ordinance Draft from June 2015)
By Lynda Altman
eHow Contributor
€ s
€
€
€ •
Attachment: UW Extension Poultry in Urban Areas Information (1850 : Ordinance Draft from June 2015)
8.1.e
Packet Pg. 37
—
8.1.e
Packet Pg. 38
€ ˆ
€ •
€
€ ˆ
€
€ •
8.1.e
Packet Pg. 39
€
€
€
8.1.e
€
Œž•Žž~•ŽŽ
Packet Pg. 40
8.1.f
Urban
Chickens
Residents must abide by the
zoning ordinance, which says:
The keeping of birds is permitted,
provided that:
 Impacts must not be unreasonably
objectionable or disruptive to normal
residential occupancy of the
neighborhood or a hazard to public
health or safety.
 Commercial animal operations are not
allowed in residential districts.
Residents must abide by the
nuisance ordinance, which says:
If you have any other
questions or concerns, please
feel free to contact:
Find out all you should
know about urban chicken
keeping!
 Roosters are not allowed (due to
frequent or habitual loud crowing).
 No person shall permit a public
nuisance to exist in the City and the City
reserves the right take action against
public nuisances as permitted by
Chapter 17 of the City code.
City of Middleton
Planning Department
Middleton City Hall
7426 Hubbard Avenue
Middleton, Wisconsin
53526
Phone: 608.821.8370
Packet Pg. 41
Attachment: Chicken Brochure (1850 : Ordinance Draft from June 2015)
City of Middleton
Rules / Regulations
1. Don’t you need a rooster for a
hen to lay eggs?
A hen will produce unfertilized eggs
which are typical of the kind you would
find in a grocery store and contain the
same amount of nutritional value.
6. Do they need a lot of space?
Coops can fit into just about any
size backyard - you need roughly
36’ sq. ft. Typically for 4 hens, a
3’x4’ coop plus a “run” (space for
them to scratch around) that is 3’x8’
is adequate.
4. How long do chickens live?
Hens that are kept as pets typically
live up to 8-10 years.
7. Can they
survive
throughout the
winter?
Birds can get
frostbite too! Your
birds will live
happily through
winter though, if
you insulate their
coop or provide a
light inside. The smaller coop, the
easier it is for them to stay warm.
5. What do they eat?
Chickens eat anything! You can buy
commercial poultry seed from local
feed stores or create your own mix.
Chickens eat corn, oats, wheat, rye,
soy, worms, insects, fresh greens
(including weeds from your garden),
as well as table scraps. Diversity in
their diet is key to good health.
8. Will they be safe from cats,
dogs, and other animals?
As long as their coop is sturdy and
impenetrable, your chickens will be
safe. Make sure the structure has
an enclosed top, fencing buried
below ground, and secure latches
on all entryways. If you let your
birds out of their coop, keep them
under close supervision at all times!
2. Aren’t chickens smelly?
Just like with any other pet, they
require some care. The caretaker
must be responsible for cleaning out
dirty coop bedding, keeping it dry, and
providing clean, dry sand or dirt for the
birds to take dust baths in.
3. Do hens make a lot of noise?
A common misconception, only
roosters make loud noises, which is
why they aren’t allowed in many urban
Packet Pg. 42
Attachment: Chicken Brochure (1850 : Ordinance Draft from June 2015)
Frequently Asked
Questions:
8.1.f
settings. Hens will make soft clucking
sounds until they lay an egg, right
after (out of pride) they may squawk
for a few moments but then quiet back
down. They don’t act as an alarm
clock in the morning and are sound
asleep when the sun goes down.
8.1.g
___/___/___
___/ ___/___
___/___/___
___/___/___
___/___/___
Motion: ____________
Second: ____________
Rod Brusius
Kari Vonderloh
Larry Wright
Second Reading
Tabled
Withdrawn
Defeated
___/___/___
___/ ___/___
___/___/___
___/___/___
___/___/___
Motion: ____________
Second: ____________
___
___
___
___
___
___
Vote: __ to __ Motion Result: ___________
Rod Brusius
Kari Vonderloh
Larry Wright
Adoption
Tabled
Withdrawn
Defeated
___/___/___
___/ ___/___
___/___/___
___/___/___
___/___/___
Motion: ____________
Second: ____________
___
___
___
___
___
___
Rod Brusius
Kari Vonderloh
Larry Wright
___
___
___
___
___
___
ORD: 150616-C#472 An Ordinance Amending Chapter 6.04.060 Animals, fowl and insects not permitted in
city and creating Chapter 6.04.065 Keeping of Chickens for the City of Omro, State of Wisconsin
6.04.060 - Animals, fowl and insects not permitted in city.
No person shall bring into, keep, maintain, offer for sale or barter, or release to the wild, nor shall any
person permit such activities to occur on premises owned, controlled, rented or maintained by that
person, except as provided in Section 6.04.230:
A. Any fowl, chicken, turkeys, ducks, geese, except as provided in 6.04.065 of this chapter, cows, cattle,
horses, sheep, swine, goats, potbellied pigs, or any other domesticated livestock, unless part of an
agricultural operation, zoned AG agricultural or AP agricultural preservation and authorized by the
city zoning ordinance;
B. Wild animals, including but not limited to, any live monkey, or other non-human primate, raccoon,
skunk, ferret, prairie dog, fox, wolf, panther, lynx, opossum or any other warm-blooded animal which
can normally be found in the wild state. For the purposes of this code, wolf-dog hybrids are
considered wild animals;
C. Any poisonous or venomous, biting or injecting species of reptiles, amphibians, arachnids or insects,
including bees;
D. Snakes not indigenous to Wisconsin or any snake exceeding three feet in length.
This section shall not be construed to apply to zoological parks, circuses or like entertainment
organization or to an educational or medical institution.
6.04.065 Keeping of chickens.
The following regulations will govern the keeping of chickens in R-1 Single Family Residential and R-2
Duplex zoning districts and are designed to prevent nuisances and prevent conditions that are
unsanitary or unsafe. No person shall keep chickens unless the following regulations are followed:
A. Definitions. The following terms, when used in this Section, shall have the meanings set forth below:
Chicken means a domestic chicken of the sub-species Gallus gallus domesticus.
Keep means either the owning, keeping, possessing or harboring of a chicken.
Packet Pg. 43
Attachment: Keeping of Chickens (1850 : Ordinance Draft from June 2015)
First Reading
Tabled
Withdrawn
City of LaCrosse
Defeated
8.1.g
Rooster means a male chicken of any age, including a capon or otherwise
neutered male chicken.
Coop means a new or existing enclosed accessory structure designed or
modified for the keeping of chickens and meeting the requirements of this
Section. A coop shall be considered an accessory building under Chapter 17.72
of the Code of Ordinances.
B. Permit Required.
1. Any person who owns, keeps or harbors chickens on land in the city which the person
owns, occupies or controls shall obtain a permit issued by the City of Omro.
2. The permit is valid January 1st through December 31st.
3. Residents deciding to own, keep or harbor chickens for successive years
must obtain a new license for each term year they own, keep or harbor
such chickens.
4. Applications shall be made to the City Clerk and the p e r m i t a n d l a t e fee for the
license shall be in the amount established by resolution of the city council and available
for review on the annual fee schedule on file at city hall.
a. The annual permit fee shall be paid no later than March 31st of each year or prior to
obtaining the chickens or a late fee will be assessed.
b. A triple permit fee will be assessed for any person who owns, keeps, or harbors
chickens in the city without first obtaining a permit therefore.
c. License fees shall not be prorated or refundable.
d. In the event a complaint has been filed with the City prior to renewal of said license
within the calendar year prior to renewal, applicants must receive written approval
from not less than 50 percent of the owner-occupied neighboring property
owners whose property is within 100 feet of the applicant's property lines
exclusive of street right-of-way prior to approval of said license by the Planning
Commission. If no complaint has been received, the license application shall be
processed by the city clerk.
5. All applicants must notify the owner or operator of the property if the applicant is not
the owner or operator. Notification is not required for renewal of a permit.
6. Permit applications submitted by a person other than a record title owner of the
property upon which chickens will be kept shall provide written consent of the property
owner with the permit application.
7. All permit applications shall be accompanied by satisfactory evidence that the
applicant has registered the proposed location with the Wisconsin Department of
Agricultural Trade and Consumer Protection pursuant to Wis. Stats. § 95.51 and 47 ATCP
Wis. Admin. Code.
C. Permit Revocation.
1. A permit is subject to revocation by the Police Chief or his/her designee upon failure
to comply with any provisions hereof. Such revocation is subject to appeal by the
Planning Commission. Once a permit is revoked, a permit shall not be reissued.
Packet Pg. 44
Chicken Run means a fenced cage attached to a coop at least ten (10) square feet
in area per chicken and not to exceed forty (40) square feet in area.
2. The City of O m r o and its officers may revoke a license if there are three or more
violations within any consecutive 12-month period of this or any other section of this
Code.
3. A complaint against any person owning, keeping or harboring chickens in accordance with
this section may be filed with the City or the W i n n e b a g o C ounty Department of
Public Health. If filed with the City, the City shall then be required to forward the
complaint to the Winnebago County Department of Public Health. If the W i n n e b a g o
County Public Health Department, the City of Om ro or their agents determines that
conditions are unsanitary, or if for any reason a nuisance exists, they shall have
authority to order the owner or occupant of the premises to abate the nuisance
and it shall thereupon be unlawful to keep such chickens on the premises.
4. If an investigation from the City reveals that the use of chickens is in violation of
this section or any other section of this Code the City shall have authority to require the
owner or user of the property to fix, abate, or alleviate the problem. If the problem is
not satisfactorily abated or alleviated the City of Omro shall have authority to revoke
the license.
D. Keeping of Chickens Allowed.
1. Districts. Keeping or harboring of chickens shall only be allowed in R-1 Single Family
Residential or R-2 Duplex zoning districts with a valid permit.
2. Roosters. It is unlawful for any person to keep roosters.
3. Number. No more than four hens shall be allowed for each dwelling unit .
4. Free Range. Chickens shall not be allowed to free range and shall not be housed in garages
or homes. Chickens shall be provided with a dedicated sanitary and adequately sized
coop, and shall be kept in the coop or a sanitary and adequately sized chicken run
attached thereto at all times.
5. Coops and Runs. Hens shall be provided with a covered, predator-proof coop or cage
that is well ventilated and designed to be easily accessed for cleaning. Hens shall have
access to an outdoor enclosure that is adequately fenced to contain the birds on the
property and to prevent predators from access to the birds.
a. Setbacks and Location. No chicken coop shall be located within any setback area.
i. Coops and cages shall not be located in the front or side yard of a parcel,
whether outside the setback or not. All chicken coops shall be located in
the rear yard. Coops and cages shall not be located within five feet of a
side-yard or rear-yard lot line.
ii. No chicken coop shall be located closer than twenty-five (25) feet to any
principal residential structure on an adjacent lot and must be set back a
minimum of five (5) feet from adjacent property lines.
iii. Coops or cages housing chickens shall be kept at least twenty-five (25) feet
from the door or window of any dwelling or occupied structure other
than the owner's dwelling.
iv. All coops and runs shall comply with the building and zoning requirements
of this Code. Prior to construction, all coop and run plans shall be
reviewed and approved by the building inspector or his/her designee. They
will be considered an accessory structure per the municipal code.
b. Coops shall be large enough to provide at least four (4) square feet per chicken,
but may not exceed ten (10) feet in height or fifty (50) square feet in size.
Packet Pg. 45
8.1.g
6.
7.
8.
9.
9.
c. Coops shall be constructed in a workmanlike manner, be moisture-resistant
and either raised up off the ground or placed on a hard surface such as
concrete, patio block or gravel.
d. Coops with or without a chicken run shall be constructed and maintained to
reasonably prevent the collection of standing water, and shall be cleaned of hen
droppings, uneaten feed, and other waste daily and as is necessary to ensure
that the coop and yard do not become a health, odor, or other nuisance.
e. Coops that are no longer being utilized to house chickens shall be removed
from the property within sixty (60) days.
Feed and Water.
a. Chickens shall be provided with fresh water at all times and adequate amounts of
feed.
b. The main food source for the chickens should be provided in dedicated feeding
containers and scatter feeding as the primary food source is prohibited. Small
amounts of scratch grains that do not accumulate on the property are allowable.
c. All feed containers shall be made of metal and rodent-proof. Any poultry feed
shall be stored so as to keep out rodents.
d. The owner shall practice proper poultry waste disposal in order to avoid odors.
Waste composting on the premises shall be allowed as long as it does not create
odors or other nuisances for neighboring properties.
Sanitation.
a. The coop and outdoor enclosure must be kept in a sanitary condition and free from
offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis
to prevent the accumulation of waste.
b. In addition to compliance with the requirements of this Section, no one shall keep
chickens that cause any other nuisance associated with unhealthy conditions, create
a public health threat or otherwise interfere with the normal use of property or
enjoyment of life by humans or animals.
c. All chicken droppings shall be disposed of in accordance with Chapter 8.12 of
this code.
Public Health Requirements.
a. Chickens shall be kept and handled in a sanitary manner to prevent the spread of
communicable diseases among birds or to humans.
b. Any person keeping chickens shall immediately report any unusual illness or death of
chickens to the Winnebago County Health Department and the Omro Police
Department.
c. The Police Chief or his/her designee may order testing, quarantine, isolation,
vaccination, or humane euthanasia of ill chickens or chickens believed to be a carrier
of a communicable disease. The owner of the chicken shall be responsible for all costs
associated with the procedures ordered hereunder.
d. Annual inspections of the chickens, coop and run may be conducted by the Police
Chief and his/her designee.
Bird Noise.
a. In accordance with this section, it shall be unlawful for any person, firm, corporation,
or other entity operating, having charge of, or occupying any building to own, keep,
harbor or allow to be kept any chicken which shall habitually by any noise disturb the
peace and quiet of any person in the vicinity thereof.
Other Restrictions.
Packet Pg. 46
8.1.g
a. Rat harborage to be prevented. All chicken yards, coops, pens or houses shall be
constructed or repaired as to prevent rats from being harbored underneath the same
or within the walls thereof, and all food products or other products, goods or wares
likely to attract or to become infested with or infected by rats shall be protected as to
prevent rats from gaining access thereto or coming in contact therewith.
b. Slaughtering. No person other than a licensed meat processing facility may slaughter
any chickens within the city.
c. There shall be no breeding, hatching, or selling of live chickens.
d. Sale of eggs and baby chicks prohibited. No person may offer to sell eggs or chicks
accumulated from the activities permitted hereunder.
E. State and Federal Laws and Regulations Compliance. The owner shall abide by all state laws and
regulations for livestock premises registration, including applicable sections of Wisconsin Statute
95.51, and Wisconsin Administrative Code Chapter ATCP 17 and any applicable amendments
thereto. Applicant shall also follow state law regarding import, purchase and sales of live poultry as
set forth in ATCP 10.40 and ATCP 10.42 of the Wisconsin Administrative Code and any applicable
amendments thereto.
F. Penalties. Any person who violates any of the provisions of this chapter shall, upon conviction
thereof, be subject to a penalty of not less than fifty dollars or more than one hundred dollars
for the first offense; and for the second offense within year, shall be subject to a penalty of not
less than one hundred dollars or more than two hundred dollars; and for a third and subsequent
offenses within one year not less than two hundred dollars or more than three hundred dollars,
together with the costs of prosecution.
Packet Pg. 47
8.1.g

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