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ORD20141386-Fowl AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1386 AN ORDINANCE TO AMEND CHAPTER 17, SECTION 8.01 (3) B. 6., OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Permitted Accessory Uses) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17, Section 8.01 (3) B. 6., of the Municipal Code of the City of Muskego is hereby amended to read as follows: B. PERMITTED ACCESSORY USES 6. The keeping or raising of domestic livestock for show, breeding, or other use incidental to the principal use of the premises subject to the following: a. The keeping or raising of hogs, or fur bearing animals other than rabbits shall not be permitted. b. The raising of chickens for personal use, on lots less than 120,000 square feet, shall be considered an accessory use in all Single-Family Residential Zoning Districts and shall meet the following requirements below. 1. Up to a total of four (4) chickens allowed per single-family property. No chickens are allowed on commercial, industrial, or multi-family properties. 2. No roosters. 3. No slaughtering on site. 4. Chickens shall be kept within a secure outdoor enclosure of no more than 50 square feet and said enclosure must be maintained in a clean and sanitary condition. Said enclosure must be cleaned on a regular basis to prevent offensive odors. 5. Enclosures shall be located no closer than twenty-five (25) feet to neighboring dwellings and a minimum of ten (10) feet from the property line. 6. Chickens may not be kept in the front yard of a property. For the purpose of this code, front yard is defined as between a home and a roadway. Homes that are located on multiple roadways are considered to have multiple front yards. 7. Chickens may not be kept within 50 feet from the ordinary high water mark (OHWM) of any navigable waterway. 8. The chickens cannot cause a nuisance, unhealthy condition, or interfere with the normal use of property or enjoyment of life by humans or animals. Ord. #1386 Page 2 9. A Zoning Permit is required from the Community Development Department before the allowance of chickens per the ordinance herein. 10. In the event a property owner/tenant does not first get a permit or if the property owner/tenant who has a valid permit does not follow the above requirements of the ordinance, permanent revocation of the allowance of chickens on the property under this ordinance may take place. 11. By receiving an approved permit, an applicant agrees to allow the City onsite inspections, upon agreed upon times, to review any complaints. 12. Failure to follow the requirements of this ordinance is subject to citations. c. Not more than one head of livestock, and 20 fowl, shall be permitted per 40,000 square feet of lot area nor shall any such livestock or fowl be permitted on a lot less than 120,000 square feet in area unless the requirements are met for chickens per section b. above. SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance is hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 14th DAY OF OCTOBER , 2014 CITY OF MUSKEGO Kathy Chiaverotti, Mayor ATTEST: First reading: 09/23/2014 ________________________ Clerk-Treasurer Ordinance Published: October 23, 2014