Requirements for uses and structures specified
in this article shall apply to such uses and structures whether permitted
by right or permissible by special exception.
[Added 4-23-2015 by Ord.
No. 2015-04; amended 1-18-2022 by Ord. No. 2022-01]
A. Purpose. The purpose of this section is to allow small-scale keeping
of bees and fowl on lots with a residential use. A further purpose
is to establish certain requirements for keeping of bees and fowl
within the community to avoid issues that might otherwise be associated
with keeping of bees and fowl in residential neighborhoods. A growing
interest in renewable resources has prompted more people to take up
keeping of bees and fowl as a way to produce their own eggs, honey,
beeswax, pollen and other hive products that are high in nutritional
value. Domestic strains of honeybees have been selectively bred for
desirable traits so that they can be kept within populated areas and
in reasonable densities, without causing a nuisance if the bees are
properly located and carefully managed. By providing a "best practices"
ordinance for small-scale ("hobby") keeping of bees and fowl on residential
properties, the Town can support a sustainable activity while setting
standards that are practical for keeping of bees and fowl and safe
for neighbors.
B. Standards and practices for small-scale keeping of bees. No hives
are allowed on any property that is not in residential use (including
property zoned residential), with the exception that hives are allowed
under the General Agricultural District as a "farm-related" use. The
following criteria constitute standards and practices that, when applied
to small-scale beekeeping on residential lots, protect the health,
safety, property and welfare of the general public.
(1) Number of hives. The maximum number of hives allowed on any lot zoned
and used for residential purposes are based on the size of lot, as
follows:
(a)
Lot size of 1/2 acre or smaller: maximum two hives allowed.
(b)
Lot size larger than 1/2 acre but smaller than one acre: maximum
four hives allowed.
(c)
Lot size of one acre or larger: maximum six hives allowed.
(2) Location. Hives are allowed only within side or rear yards. In all
cases, a minimum setback of 10 feet must be maintained between any
property line and the closest point of any hives. Any hives located
within 25 feet of a property line must be shielded with a minimum
six-foot height flyway barrier installed at the property line. The
flyway barrier may consist of a solid wall, fence, dense vegetation,
or combination thereof that extends 10 feet beyond the outer edges
of the hives in each direction so that all bees are forced to fly
over the material to reach the colony.
(3) Water supply. Every beekeeper shall ensure that a convenient and
constant supply of water is provided near the hives for as long as
colonies remain active outside of the hives.
(4) Best practices. The following best practices are established as standards
of operation for any small-scale beekeeping operation hereafter licensed
by the Town:
(a)
Provide screening around hives so colonies are out of sight
from neighboring properties.
(b)
Maintain colonies in movable-frame hives mounted on substantial
stands.
(c)
Hives and all other beekeeping equipment must be kept in good
and usable condition, including securing unused equipment from weather,
theft, vandalism or occupancy by swarms of bees.
(d)
Leave enough room between any screening and the hives for ease
of working around the colonies.
(e)
Limit beekeeping activities to times when it doesn't interfere
with neighbors' outdoor activities.
(f)
Inspect and monitor bees on a regular basis for the health of
the hive and to ensure that the colonies are not creating a nuisance
to others.
(g)
Prevent swarming or aggressive behavior by re-queening colonies.
C. Standards
and practices for small-scale keeping of fowl. The keeping of fowl
is allowed on a parcel that is zoned General Agricultural (AGD) with
five acres or greater. The keeping of fowl with a license is allowed
on a parcel that is zoned General Agricultural (AGD) with less than
five acres, Single-Family (RSF) and Two-Family (RTF and R-2). The
following criteria constitute standards and practices that, when applied
to small-scale keeping of fowl on residential parcels, protects the
health, safety, property, and welfare of the general public.
(1) Definition of fowl. The term "fowl," used in §
535-61, shall exclusively mean chicken or duck. The term "fowl" does not include roosters, quail, grouse, pheasant, turkeys, peacocks, emus, ostriches or the like.
(2) Number
of fowl. The maximum number of fowl allowed on a parcel with a license
is no more than six, except for a parcel zoned General Agricultural
(AGD) with five acres or greater.
(3) Location.
(a) Coops and runs are allowed only within rear yards.
(b) Coops and runs shall have a setback of 10 feet to any property line
and 25 feet from any structure on adjacent lots.
(c) Fowl shall not be kept or maintained on a vacant lot.
(4) Coop
and run standards.
(a) The coop shall provide at least three square feet of floor area per
fowl, but shall not exceed 48 square feet of floor area in total.
(b) The coop floor shall be of a hard, cleanable surface. A dirt floor
or similar is not permissible.
(c) The coop shall be provided with one nest box per three fowl, and
elevated perches to ensure fowl are able to rest in their natural
roosting positions.
(d) The run shall provide at least eight square feet per fowl, but shall
not exceed 100 square feet of floor area in total. The run must be
attached to the coop with there being direct access between the coop
and the run.
(e) Runs shall be enclosed with wire netting, or equivalent material,
including overhead enclosure, capable of preventing fowl from escaping
and predators entering.
(f) Coops and runs shall consist of materials suitable for residential
districts. The use of repurposed scrap materials of any kind is prohibited.
The coop and run shall be built with quality materials and in a manner
capable of preventing fowl from escaping and predators from entering.
(g) Coops and runs shall be removed from the property in their entirety
or repurposed in accordance with other building codes within 30 days
of a revocation or expiration of a nonrenewal keeping of fowl license.
(5) Best
practices. The following best practices are established as standards
of operation for any small-scale keeping of fowl operation hereafter
licensed by the Town:
(a) No person shall keep any rooster, except for parcels zoned General
Agricultural (AGD) with five acres or greater.
(b) Coops and runs shall be cleaned of feces, uneaten feed, feathers,
and other waste as necessary to ensure the birds' health and minimize
odor and other nuisances.
(c) Fowl shall be provided with adequate water, food, and shelter.
(d) Feed shall be stored in containers which make the feed inaccessible
to rodents, vermin, wild birds, and predators.
(e) All fowl shall be kept within a ventilated and weatherproof coop.
(f) No fowl shall run at large. Any fowl not secured within a fenced
area, or equivalent, within the property limits of its owner or keeper
is declared to be at large, and is declared to be a public nuisance.
(g) Deceased fowl shall be disposed of immediately in a safe manner,
which may include trash disposal after placing the deceased fowl in
a sealed bag.
(h) Applicants shall comply with Wisconsin Department of Agriculture,
Trade, and Consumer Protection's premises registration program.
(i) Unusual illness or death of fowl shall be immediately reported to
the Outagamie County Health Department.
D. Administration and enforcement. A license application must be received
and approved by the Town before a property owner or tenant can begin
keeping of bees or fowl at a residential lot. In addition, keeping
of bees or fowl licenses must be renewed annually, prior to April
1.
(1) Neighbor notification. Prior to Town issuance of a keeping of bees
or fowl license, the applicant will be required to notify all neighbors
whose properties share a common lot line with the property where keeping
of bees or fowl will take place.
(2) Town inspections. The Community Development Department is authorized
to make inspections, during reasonable hours, to investigate any complaints,
or to determine continued compliance with the keeping of bees or fowl
ordinance. The Department may revoke a license if there have been
three or more violations of the ordinance within any six-month period.
(3) Effect of compliance. Compliance with this section shall not be a
defense to a proceeding alleging that a given bee colony, coop, or
run is in violation of other codes or ordinances governing public
nuisances, or public health and safety. However, compliance with this
section may be offered as evidence of the applicant's efforts to abate
any proven nuisance, or as evidence of the applicant's compliance
with generally accepted standards in the State of Wisconsin.
[Amended 3-4-2014 by Ord. No. 2014-04]
A. Purpose. The purpose of this section is to regulate all home occupations
within the Town of Grand Chute. By controlling the type, number, location,
and operation of home occupations now in use, planned, or hereafter
started, citizens are provided an opportunity to start and grow a
business while still protecting the health, safety, property, and
welfare of the general public. A further purpose of this section is
to reinforce standards that provide for particular types and intensities
of land use, especially in residential neighborhoods.
B. General regulations.
(1) Home occupations shall be permitted only in the following zoning
districts:
(a)
RSF Single-Family Residential District;
(b)
RTF Two-Family Residential District;
(c)
R-2 Two-Family Residence District;
(d)
R-3 Single-Family Attached Residence District; or
(e)
On a lot containing a one-family or two-family structure located
in a zoning district not listed directly above.
(2) Only one home occupation is permitted per lot.
(3) A home occupation shall be classified as one of the following:
(a)
Office, such as accounting, architecture, web-based businesses,
brokering, computer programming;
(b)
Professional service, such as massage therapy, physical therapy,
photography, and real estate; or
(c)
Home goods and products, all made or produced as part of the
home occupation, such as baked goods, cake-decorating, and small-scale
production of custom, as-ordered crafts.
(4) A home occupation shall not modify the interior or exterior of any
structure in any manner that reduces the residential character of
such structure or the lot on which it is located.
(5) A home occupation must be incidental and secondary to the use of
such building for dwelling purposes.
(6) A home occupation may be allowed to operate in an accessory structure as a special exception, in accordance with the provisions of Chapter
535, Article
XI, of the Town of Grand Chute Municipal Code.
(7) The gross floor area of a home occupation shall be no greater than
25% of the floor area of the principal structure or 500 square feet,
whichever is less.
C. Performance standards. A home occupation shall conform to all the
following:
(1) Signs. Any signage associated with a home occupation shall conform to the provisions of Chapter
535, Article
XV, of the Town of Grand Chute Municipal Code.
(2) Hours of operation. No home occupation shall conduct on-site business
with an external client between the hours of 8:00 p.m. and 8:00 a.m.
(3) Employment. No home occupation shall have more than one nonresident
employee in the home during hours of operation. An off-street parking
space must be provided for nonresident employee use.
(4) Traffic. No home occupation shall generate any more vehicular traffic
than what is normal for a residential street. No home occupation shall
increase traffic by more than two cars at a time. The lot on which
the home occupation is located shall provide sufficient off-street
parking to accommodate clients' vehicles.
(5) Clients. No home occupation shall have more than two clients on the
lot at any time.
(6) Noise. No home occupation shall create noise greater than what is normally generated in a residential setting and must comply with §
415-7A of the Town of Grand Chute Municipal Code.
(7) Refuse and recycling. No home occupation shall generate refuse or
recycling waste in a volume greater than what is typically and customarily
produced by or associated with residential dwellings. All home occupations
shall adhere to Town of Grand Chute ordinances and policies for refuse
and recycling on residential properties.
(8) Storage. All home occupations shall store associated goods and products
within an enclosed structure. All storage areas shall count towards
the amount of space measured as part of the home occupation.
(9) Equipment and machinery. Only equipment and machinery recognized
as being part of the normal practice of owning and maintaining a residence
are permitted for use in conducting a home occupation.
(10)
Hazardous materials. All home occupations shall use, store,
and dispose of any hazardous or other restricted materials in accordance
with the International Fire Code and the National Fire Protection
Association Life Safety Code. No home occupation activity shall require
the installation of safety features not common to residential uses.
(11)
Air quality. No home occupation shall emit smoke, dust, or steam
that reduces ambient air quality and visibility beyond any lot line.
(12)
Light. No home occupation shall produce light that exceeds 0.1
foot-candles above ambient levels as measured at any lot line.
(13)
Odor. No home occupation shall produce noxious odors that transgress
beyond any lot line.
(14)
Temperature. No home occupation shall alter ambient air temperature
by more than 1º F., as measured at any lot line.
(15)
Vibration. No home occupation shall create vibrations for an
extended period of time, as measured at any lot line.
D. Administration and enforcement. An application for a home occupation
permit shall be filed with the Department of Community Development.
Necessary supporting documentation, if any, and the required filing
fee shall accompany the application. The Community Development Director
will complete the review of the request for a home occupation, and
will either approve or deny the request based on conformance to the
requirements and standards as specified in this section. In the case
of an applicant feeling aggrieved by a decision to deny approval of
a home occupation permit, said applicant may file an appeal to the
Plan Commission for final action.
(1) Permit. Home occupation permits are approved for a specified use,
by a specified resident/operator, at a specified location. As such,
permits are not automatically transferrable to a different resident
or different address from those approved with the issuance of the
permit. If the holder of a home occupation permit intends to relocate
and conduct a home occupation at a new address in the Town, a new
home occupation permit must be approved.
(2) Inspection. Upon reasonable notice, the permit holder shall allow
the Community Development Department to conduct an on-site inspection
of the premises to determine compliance with the requirements and
standards of this section.
(3) Revocation/voiding of permit. The Community Development Department
may revoke and void any previously issued home occupation permit upon
finding that said home-based business is being operated in noncompliance
with the requirements and standards of this section, and any specified
conditions contained in the originally approved permit. Revocation
may take place at any time, and a revoked permit shall become null
and void and said home occupation shall be immediately terminated
and discontinued.
[Added 1-17-2006; amended 2-7-2006]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
SOLID-FUEL-FIRED OUTDOOR HEATING DEVICE
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or water
source.
STACK or CHIMNEY
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device, especially
that part of such structure extending above a roof.
B. Regulations. All solid-fuel-fired outdoor heating
devices shall:
(1) Be installed, operated and maintained in strict conformance
with the manufacturer's instructions and regulations and all other
applicable local, state and federal standards.
(2) Be approved by the Department of Safety and Professional
Services through an approved testing agency.
(3) Be provided with written documentation from the manufacturer
that the device meets the Environmental Protection Agency (EPA) emission
criteria identified in 40 CFR 60, Subpart AAA, Section 60.532(b)(2).
(4) Be provided with written documentation from the manufacturer
that the device meets or is in the process of being registered with
the Department of Safety and Professional Services Boiler Division.
(5) In addition, be operated and maintained as follows:
(a)
Fuel shall be only natural, untreated wood or
other solid fuel specifically permitted by the manufacturer, such
as corn or other pellets specifically designed for the solid-fuel-fired
outdoor heating device.
(b)
The following fuels are prohibited:
[1]
Processed wood products other than wood.
[6]
Painted wood or treated wood.
[7]
Any other items not specifically allowed by
the manufacturer.
C. A solid-fuel-fired outdoor heating device may be installed
in the Town of Grand Chute in accordance with the following provisions:
(1) The solid-fuel-fired outdoor heating device shall
be located at least 300 feet from all exterior property lines.
(2) The solid-fuel-fired outdoor heating device shall
have a chimney that extends at least 15 feet above the ground surface.
If there are any residences within 500 feet, the chimney shall also
extend at least two feet higher above the ground surface than the
height of the roofs of all such residences. All chimneys greater than
15 feet in height above the ground shall be provided with documentation
from the manufacturer specifying that the solid-fuel-fired outdoor
heating device will function with this increased chimney height and
how the chimney shall be supported.
(3) The owner of the solid-fuel-fired outdoor heating
device shall obtain an HVAC permit from the Town of Grand Chute before
installing a solid-fuel-fired outdoor heating device.
(4) All solid-fuel-fired outdoor heating devices must
be installed by a contractor appropriately registered or by the owner
of the dwelling who is qualified to install the device in accordance
with the all codes and the manufacturer's guidelines.
D. Nuisance. Should any solid-fuel-fired outdoor heating
device permitted under this section become hazardous, harmful, noxious,
offensive or a nuisance to the surrounding neighborhood as determined
by the Building Inspector and/or Fire Chief, then the owner shall
correct, improve or abate the nuisance using whatever means are necessary
in accordance with this section. If the nuisance cannot be abated,
then operation of the device shall be discontinued until a solution
to the nuisance can be found.
E. Penalties. Any person, firm, corporation, business
or entity who or which fails to comply with any provisions of this
section shall, upon conviction thereof, forfeit an amount as prescribed
in the Uniform Forfeiture and Bond Schedules, plus the cost of prosecution
for each violation, and on default of the payment of any such fine
and costs of prosecution shall be committed to the county jail until
payment thereof, but not exceeding 30 days. Each day of violation
shall represent a separate violation of this section as described
herein.