HomeMy WebLinkAbout2024 Final ARPA Application 1
American Rescue Plan Act (ARPA)
Funding Application for
Non-Profit Entities, Community Groups, and Neighborhood Associations
Due Date: March 1, 2024, 4:30 PM
Application must be completed in full to be considered.
Submit complete application & budget sheet electronically to citymgr@oshkoshwi.gov -or-
Mail - City Manager’s Office, 215 Church Ave – PO Box 1130, Oshkosh WI 54903-1130 -or-
Place in City Hall Dropbox
Attachments, brochures or other materials may be included as part of the application packet.
Application Review Criteria
The electronic version (including email message and all attachments) cannot exceed 10 MB
GENERAL INFORMATION
1. Name of Project/Program:
2. Organization Name:
3. Address:
4. Primary Contact Person:
5. Title: Phone:
6. E-mail
7. If applicable: Federal Tax Identification Number:
8. If applicable: DUNS number:
Provide Mission Statement/Purpose:
PROPOSAL OVERVIEW – must match Budget Overview sheet
Funds Requested Total Project Cost Annual Organizational Budget
$ $ $
2
PROPOSAL DETAILS
(Please limit to 700 words)
1. PROGRAM/PROJECT APPROACH – include the following details, as applicable:
a) Briefly describe the program/project you are requesting funds for.
b) Describe the need for your program/project.
c) Identify any other organizations in Oshkosh that address this need.
d) Describe your level of collaboration with other agencies on this project.
e) Is this a new, existing, or changed program?
f) Specifically, what will you use ARPA funds for?
g) Who will benefit and how?
h) How will you prevent the duplication of benefits to end users?
i) How many individuals/families will be served by this program/project?
j) How will these funds help you respond to, or recover from COVID-19?
k) For existing programs: How many people were served during the last program
year? How many were from the City of Oshkosh?
l) If existing, describe measurable impact has the program achieved to date (with
examples)
2. PROJECT OUTCOMES
a) If this is a continuing activity, describe a measurable outcome of your previous
year's work regardless of funding source.
b) Describe two anticipated measurable outcomes for your proposed
project/program.
c) Describe (if applicable) how proposed use of funds may achieve sustainability
objectives as described in the City’s Sustainability Plan.
d) Describe (if applicable) how project and proposed use of funds will benefit
underrepresented or marginalized individuals/groups, and/or achieve objectives
contained in the City’s Diversity, Equity and Inclusion Plan.
3. DESCRIBE THE AGENCY'S AUDITING AND FISCAL CONTROLS
a) Briefly describe your agency's fiscal oversight / internal controls to minimize
opportunities for fraud, waste and mismanagement.
b) How does your agency plan to segregate ARPA funds from other agency funds
for purposes of identification, tracking, reporting and audit?
4. CONTINGENCY PLAN
a) If your grant request is not fully funded, what adjustments are you prepared to
make?
5. PROJECT BUDGET
a) Briefly explain project revenues and expenses related to this proposal. This
should match with the Budget Overview sheet.
b) Be specific about how ARPA dollars would be spent.
c) Provide details about how funds would be used by December 31, 2024.
PLEASE COMPLETE THE ATTACHED BUDGET OVERVIEW AND SUBMIT
WITH YOUR APPLICATION.
3
BUDGET OVERVIEW / INCOME AND EXPENSES
ORGANIZATION NAME: ____________________________________________________
REVENUE SOURCE PROJECTIONS
Estimated
Funding for this Project/Program
Proposed ARPA Funding
Other Government Grants - list:
OACF Funding
OAUW Funding
Donations/Other Fundraising
Internal/Self-Funding
Other – list:
TOTAL REVENUES $
EXPENSES
REGULAR OPERATING
EXPENSES
Project/Program
Budget
(PROPOSED)
Salaries/Benefits
Occupancy
Professional Fees/
Contracted Services
Program/Office Materials
Marketing/Printing
Professional Development
Supplies/Materials
Other – list:
Other – list:
Other – list:
COVID RELATED EXPENSES
(please identify)
Other
Other
Other
TOTAL EXPENSES $
NOTE: Revenues and Expenses must balance
ARPA Proposal Details
1a. The City of Oshkosh Sustainability Plan was approved by the Common Council in 2019 and was
completed over a two-year period by Sustainability Advisory Board (SAB) members. For timely
preparation of the next five-year update and to incorporate greater community participation, SAB is
requesting ARPA funds to hire a consultant with sustainability experience for assistance.
1b. Sustainability consists of three pillars: the human population, the economic systems developed by
the human population, and the physical environment that supports life and economic systems. The
importance of incorporating sustainability initiatives into the local government and community are
crucial to improving our city’s interconnected needs.
1c. Larger corporations may have created internal plans; however, this is an existing Sustainability Plan
adopted by the Common Council of Oshkosh.
1d. SAB will assist a consultant in facilitating internal collaborations with City Departments, residents,
and other community organizations to update the plan.
1e. The Sustainability Plan is an existing, city adopted plan.
1f. To prepare a Request for Proposals (RFP) and hire a consultant to complete an update to the plan.
1g. The entire City of Oshkosh will benefit because a Sustainability Plan can be used by the community
and its local government. The plan aligns to the City’s Strategic Goals and Objectives and will continue to
advance sustainability initiatives.
1h. There is not another city adopted Sustainability Plan nor do we see one occurring.
1i. The plan’s components will encompass the entire City of Oshkosh.
1j. Since the COVID-19 pandemic local boards and commissions have seen a decrease in public
participation and volunteerism. Tasking local board members to update a plan that encompasses so
many facets of the community and government is both burdensome, given the time commitment
needed. Utilizing these funds for a plan update will help Oshkosh become a more resilient community by
meeting current, and future, climate and environmental needs.
1k. The Sustainability Plan can be used by everyone to consider the goals and objectives as listed within.
1l. The city has accomplished or advanced goals from the original plans. Please see attached.
2a. Through proactive marketing of sustainable initiatives SAB has seen an increase in Rain Barrel
workshop participation and city staff have seen an increase in Chicken/Bee/Duck Permits. Please see
attached.
2b. Completion of an updated Sustainability Plan and constructive collaboration between City
Departments, SAB, residents, and other community organizations.
2c. Given changes in technology that affect sustainability, the Sustainability Plan needs to be updated
every five years as listed in the sustainability action plan; using volunteer time the last update took
seven years. These funds meet that cycle while producing a more robust plan.
2d. We know that non sustainable practices tend to affect underrepresented and marginalized groups
disproportionately. Using a consultant to assist with updating the Sustainability Plan will allow for
proper community engagements through stakeholder meetings sharing points of view from all areas of
the city. This would meet an objective of the DEI Plan through developing community relationships with
City Departments, SAB, and other interested residents.
3a. The City of Oshkosh Professional Services Agreement Procurement Policies will be followed.
3b. N/A – SAB does not have an account or funds to use.
4a. Reduce scope of work, increase volunteerism, or determine if other funds are available to complete
the project as originally intended.
5a. Recently the City of Rochester, MN completed a Sustainability Plan with the assistance of a
consultant. According to Rochester’s Sustainability Coordinator, they developed a yearlong development
process and facilitated monthly meetings with a community taskforce that supported the plan's
development. Their fee was upwards of $90,000. According to City of Oshkosh staff, a less robust plan
could be covered with $50,000 as that appears to be an average amount.
5b. Currently, the responsibility of updating the Sustainability Plan has fallen on SAB members. These
ARPA funds would specifically be used to hire a consulting firm to lead the next update.
5c. If awarded the funding, City staff will be tasked to immediately send out an RFP to find a qualified
consulting firm. Once a firm is selected, the agreement and contract will be in place before December
31, 2024. The timeline for full completion of a City-Wide Plan is likely one year.
Attachments
City of Oshkosh Sustainability Plan (2019)
City of Oshkosh Chicken and Bee Permit Data (2018-2023)
City of Oshkosh Urban Chickenkeeping Ordinance (2021)
City of Oshkosh Urban Beekeeping Ordinance (2019)
City of Oshkosh Urban Duckkeeping Ordinance (2021)
Chicken and Duckkeeping Brochure (2021)
City of Oshkosh Snow and Ice Removal Ordinance (2022)
Snow Removal Mailer (2022)
City of Oshkosh Weed Cutting and Lawn Care Ordinance (2022)
Native Plant Brochure (2023)
City of Oshkosh Chicken and Bee Permit Data
CHAPTER6
ANIMALS
ARTICLE I. DEFINITIONS
SECTION 6-1 DEFINITIONS.
(A) As Used In This Chapter:
(1) Animal includes every living:
(a) warm blooded creature, except a human being,
(b) reptile,
(c) amphibian,
(d) bird or
(e) bees.
(2) Chicken shall mean hens or pullets. No roosters.
(3) Duck shall mean heavy body, egg laying hens. No drakes.
(4) Owner shall mean and include every person having a right of property in an animal and/or
having such animal in his or her care or possession.
(5)
(5) Reserved. (Repealed 7/1/12)
(6) Reserved. (Repealed 7/1/12)
(7) Impound or Isolation Facility shall mean the Oshkosh Animal Shelter, a veterinary hospital,
or other place specified by the supervising officer who is equipped with a pen or cage
which isolates the animal from contact with other animals.
(8) Officer shall mean a peace officer as defined under Section 939.22(22) Wis. Stats., a humane
officer, or a community service officer. The "supervising officer" shall mean that officer
designated by the Chief of Police or his/her designee to supervise the individual case.
(9) Reserved. (Repealed 7/1/12)
(10) Vaccination Certificate shall mean a certificate dated and signed by a licensed veterinarian
stating the brand of vaccine used, manufacturer's serial number of the vaccine used, and
describing the animal, age and breed, owner and vaccination tag number indicating that the
animal has been immunized against rabies.
(11) Vicious Animal shall mean:
(a) any animal that, has on two (2) or more reported occasions when unprovoked, bitten,
injured, killed, damaged, or attacked a human being or animal on either public or
private property; and/or
(b) any animal trained or used for fighting against another animal.
SECTION 6-3.2 URBAN CHICKENKEEPING
(A) Purpose
The purpose of this section is to establish regulations applicable to urban chickenkeeping on lots
with single and two-family residential uses within the City and is intended to limit issues that
might otherwise be associated with unregulated urban chickenkeeping in neighborhoods. By
providing reasonable regulations for urban chickenkeeping on properties, the City can support a
sustainable activity while setting standards that are practical for chickenkeepers and safe for
neighbors.
(B) Definitions
(1) "Adjacent lot" shall mean all lots that the applicant's property comes into contact with at
one or more points, except for lots that are legally abutting but separated from the
applicant's property by a public or private street, alley or other right-of-way.
(2) "Chicken" shall mean hens or pullets.
(3) "Chickenkeeper" means a person who owns or has charge of one or more chickens on his or
her property.
(4) "Chicken enclosure, housing facilities, enclosure" means the enclosure inhabited by one or
more chickens that is constructed for that purpose.
(5) "Lot" means a contiguous parcel of land under common ownership.
(6) "Run" shall mean the fenced or enclosed outdoor space provided for chickens. Runs shall be
fully enclosed, including the top and all sides.
(7) "Primary Residential Structure" shall mean any building located on a lot and used for living
purposes.
(C) Permit required
No person shall keep or maintain any chicken within the city limits prior to obtaining an annual
permit from the City and registration with the State. The City permit year shall commence on
January 1 of each year and permits shall expire on December 31 of that year. Prior to permitting by
the City, the owner must provide proof of State Livestock Registration.
(1) Every Chickenkeeper shall pay the appropriate fee and obtain a permit to keep chickens on
property owned or occupied by the person.
(2) A maximum of six (6) chickens may be kept on lots containing single or two-family
residential land uses if:
(a) The permit application is submitted including but not limited to the following
information: name of applicant, property address, contact number, license fee, and scaled
site plan consistent with the standards of practice identified within this section; together
with any additional information reasonably determined to be necessary by the Director of
Community Development to determine whether the applicant has or will comply with all
standards of practice identified within this section and any other applicable ordinance or
statutory requirements. Tenants submit to the City a written statement of support signed
by the property owner. Tenants seeking to raise chickens also submit a written
agreement between the landlord/property owner and applicant, as to the plans for
maintenance of the coop and chickens and their disposition after the applicant vacates
the premises.
(b) A permit is issued by the Planning Services Division for construction of the required
coop/enclosure.
(c) Maximum combination of six (6) chickens and/or ducks are permitted.
(3) Permits are personal to the applicant, non-transferrable, and do not attach to or run with the
land.
(4) The fee for the initial permit shall be as established by the Common Council. Annual
renewal of the permit is required and the fee for the renewal shall be equal to the initial
permit fee as established by this Chapter.
(5) If the standards of practice are not established and/or maintained subsequent to issuance of a
chickenkeeping permit, the permit may be revoked by the City. Once a permit has been
revoked, it shall not be reissued for a period of at least two years.
(D) Standards of Practice
Every owner and/or person in charge of keeping chickens shall provide the chickens with shelter
and bedding as prescribed in this Section as a minimum.
(1) All chickens shall be kept and maintained within a detached, stationary structure used
exclusively for the keeping of chickens. Temporary or movable devices or structures shall be
prohibited.
(a) Exemption: chicks can be incubated/nurtured indoors for no more than four (4) weeks.
(2) The housing facilities shall be structurally sound, moisture proof, and maintained in good
repair.
(3) Chicken enclosures shall be constructed and maintained to provide sufficient space to allow
each animal adequate freedom of movement and the retention of body heat.
(4) The chicken enclosure’s floor, foundation and footings shall be constructed using a hard,
cleanable surface, (e.g., concrete, wood, linoleum, or hard plastic) and shall be resistant to
rodents. A dirt floor is not acceptable.
(5) A sufficient quantity of suitable clean bedding material, to provide insulation and protection
against the cold and dampness and promote the retention of body heat.
(6) Chickens shall be provided enclosures that are enclosed, predator-proof, insulated, and
adequately ventilated.
(7) Chicken enclosures shall measure a minimum of seven (7) square feet in area or three (3)
square feet in area per chicken, whichever is greater with one nest box provided per every
two (2) chickens.
(8) Chicken enclosures must be so constructed and maintained as to prevent rodents from being
harbored underneath or within the walls thereof.
(9) Chicken feed shall be stored and kept in containers which make the feed unavailable to
rodents, vermin, wild birds, and predators.
(10) Chicken enclosures shall provide elevated perches to ensure chickens are able to rest in their
natural roosting position.
(11) No chicken enclosure shall be located closer than 25 feet to any primary residential structure
on an adjacent lot and chicken enclosures must be located in the rear yard of the property, as
defined by the Zoning Ordinance. The structure must also meet accessory structure setbacks
for the lot's zoning district, as regulated by the Zoning Ordinance.
(12) Chickens shall be secured with the enclosure during non-daylight hours.
(13) In addition to an enclosure, chickens shall be provided access to an outdoor enclosed run
area for the majority of daylight hours, weather permitting.
(14) Every chickenkeeper shall keep and maintain the required enclosure in a clean, sanitary,
and odor fee condition. All chicken enclosures, attached runs/enclosures and yards where
chickens are kept or maintained shall be cleaned regularly to keep them reasonably free from
substances, including but not limited to manure, uneaten feed, feathers, and other such
waste so that it does not cause the air or environment to become noxious or offensive or
to be in such condition as to promote the breeding of flies, mosquitoes, or other insects, or
to provide habitat, breeding or feeding place for rodents or other animals, or otherwise be
injurious to public health.
(15) Chickens shall be kept and handled in a sanitary manner to prevent the spread of
communicable diseases among birds or to humans.
(16) Any person keeping chickens shall immediately report any unusual illness or death of
chickens to the Winnebago County Health Department.
(E) Prohibitions
(1) The slaughter of chickens is prohibited.
(2) Roosters shall be prohibited except for in Rural Holding (RH-35) Districts or unless part of
an agricultural operation authorized by the City of Oshkosh Zoning Ordinance Chapter 30
of the Municipal Code.
(3) Chickenkeeping within the City may only occur on lots containing single and two-family
residential land uses. Chickenkeeping on lots containing any other land uses is prohibited.
(4) Chickens shall not be kept or maintained upon a vacant lot or inside a residential structure,
including basements, porches, garages, sheds, or similar storage structures.
(a) Exemption: chicks can be incubated/nurtured indoors for no more than four (4) weeks.
(5) Off site sale of eggs is prohibited except as otherwise permitted by the State of Wisconsin and
the United States Department of Agriculture.
(6) Chickens with an infectious disease capable of being transmitted from bird to bird or birds to
humans, including but not limited to, salmonella, avian influenza, are prohibited and shall
be immediately euthanized by a veterinarian.
(F) Appeals regarding Determinations to Deny Permit
(1) The City of Oshkosh elects not to be strictly bound by the provisions of Chapter 68
Wisconsin Statutes in relation to Appeals of Determinations to Issue Chickenkeeping
Permits under this Chapter and appeals shall proceed as follows.
(2) Per Section 30-344(B)(l) of the City of Oshkosh Municipal Code, any person denied a
permit may file an appeal with the Board of Zoning Appeals within ten (10) business days
of the date the notice of denial is postmarked.
(3) Notices of Appeal shall be filed with the Department of Community Development in
writing, specify the reasons for the appeal and be signed by the person making the
appeal.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative
decision of the Director of Community Development or Designee.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the Board
of Appeals shall be the final determination in relation to this issue
and may be appealed within the time specified and as provided in Section 68.13
Wisconsin Statutes.
(G) Revocations of Permits
(1) Revocation of permits may be commenced by complaint filed by city staff acting in their
official capacity or by any abutting property owner.
(2) Complaints shall be filed with the Department of Community Development in writing,
specify the reasons the permit should be revoked and be signed by the person making the
complaint.
(3) Complaints shall be heard before a Hearing Officer who shall be appointed by the City
Manager. Any person or party aggrieved by such decision of the Hearing Officer may
appeal such decision to the Board of Zoning Appeals by filing a written notice of appeal
with the City Clerk within ten (10) business days of mailing of a written order from the
Hearing Officer.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision
of the Hearing Officer.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the Board
of Appeals shall be the final determination in relation to this issue and may be appealed within
the time specified and as provided in Section 68.13 Wisconsin Statutes.
(6) Unless appealed as provided above in which case such appeal shall act as a stay upon this
provision until a final determination is issued by a court of competent jurisdiction, upon
revocation of a permit the property owner shall cease all chicken keeping activity on his or
her lot within 14 days. Failure to do so shall be considered a violation of this Ordinance.
The Director of Community Development or Designee shall have the responsibility of
enforcing this provision and may take such action as is necessary to abate such violation.
SECTION 6-3.3 URBAN BEEKEEPING
(A) Purpose
The purpose of this section is to establish requirements for urban beekeeping on lots
containing single family residential uses within the city. Honeybees are critical pollinators
for flowers, fruits and vegetables. Managed colonies of bees help to increase yields and
quality of a large variety of plants commonly found in backyard gardens, parks, and
natural areas. A growing interest in renewable resources has prompted more people to take
up urban beekeeping as a way to produce their own 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. By providing reasonable regulations for urban beekeeping on
properties, the City can support a sustainable activity while setting standards that are
practical for beekeepers and safe for neighbors.
(B) Definitions
(1) "Apiary" means the assembly of one or more colonies of bees at a single location
which also include wild bee houses constructed by the property owner.
(2) "Africanized honey bee" (Apis mellifera scutellata) means a subspecies or hybrid of the
common domestic honey bee (Apis mellifera) native to central and southern Africa.
(3) "Beekeeper" means a person who ownsorhas charge of one or more colonies ofbees
which also includes a person constructing a wild bee house on their property.
(4) "Beekeeping equipment" means anything used in the operation of an apiary, such
as hive bodies, supers, frames, top and bottom boards and extractors.
(5) "Colony" means an aggregate of bees consisting principally of workers, but having,
when perfect, one queen and at times drones, brood, combs, and honey.
(6) "Hive" means the receptacle inhabited by a colony that is constructed for that
purpose.
(7) "Honey bee" means alllife stages of the common domestichoneybee,apismellifera
(African subspecies and Africanized hybrids are not allowed).
(8) "Lot" means a contiguous parcel of land under common ownership.
(9) "Nucleus colony" means a small quantity of bees with a queen housed in a
smaller than usual hive box designed for a particular purpose.
(10) "Primary Residential Structure" shall mean any building located on a lot and used for
living purposes.
(11) "Undeveloped property" shall mean any idle land that is not improved or not in the
process of being improved with residential, commercial, industrial, church, park, school
or governmental facilities or other structures or improvements intended for human
occupancy and the grounds maintained in associations therewith.
(C) Permit required
(1) No beekeeping may occur on any property in the city unless the Community
Development Director or designee issues a permit to the beekeeper on that specific
property. Thepermit will be valid for a single calendar year beginning on January1st
and expiring on December 31st.
(2) Every Beekeeper shall pay the appropriate fee and obtain a permit to keep bees on property
owned or occupied by the person.
(3) A beekeeping permit will only be issued if:
(a) The permit application is submitted including but not limited to the following
information: name of applicant, property address, contact number, license fee, and
scaled site plan consistent with the standards of practice identified within this
section; together with any additional information reasonably determined to be
necessary by the Director of Community Development to determine whether the
applicant has or will comply with all standards of practice identified within this
section and any other applicable ordinance or statutory requirements. Tenants
submit to the City a written statement of support signed by the property owner.
Tenants seeking to keep bees also submit a written agreement between the
landlord/property owner and applicant, as to the plans for maintenance of the hives
and bees and their disposition after the applicant vacates the premises.
(b) A permit is issued by the Planning Services Division for construction of the
required flyaway barrier, if necessary.
(4) Permits are personal to the applicant, non-transferrable, and do not attach to or run with the
land.
(5) The fee for the initial permit shall be as established by the Common Council. Annual
renewal of the permit is required and the fee for the renewal shall be equal to the initial
permit fee as established by this Chapter.
(6) If the standards of practice are not established and/or maintained subsequent to issuance of a
beekeeping permit, the permit may be revoked by the City. Once a permit hasbeen revoked, it
shall not be reissued for a period of at least two years.
(D) Standards of practice
(1) In all zoning districts, the following regulations shall apply:
(a) Honey bee colonies shall be kept in hives with removable frames, which
must be kept in sound and usable conditions.
(b) The maximum size of a hive shall not exceed 15 cubic feet in volume.
(c) The maximum number of hives allowed on any lot are based on the size oflot,
as follows:
(i) Lot size of½ acre or smaller: maximum two (2) hives allowed.
(ii) Lot size larger than½ acre but smaller than one acre: maximum four
(4) hives allowed.
(iii) Lot size of one acre or larger: maximum of six (6) hives allowed.
(d) No beehive shall be kept closer than five (5) feet to any lot line and twenty-
five (25) feet to a primary residential structure or the permitted placement
of a primary residential structure on another parcel, and beehive shall be
placed only in the rear or side yard. The entrance of any beehive shall face
away from the property line of the adjacent property closest to the beehive.
Beekeeping equipment shall be screened to avoid being visible from the
street or sidewalk.
(e) A solid wall, fence or dense hedge, known as a "flyway barrier," at least six
(6) feet in height, must beplaced around all beehives located within twenty-
five (25) feet of a lot line. Thisflyway barrier shall belocated withinfive(5)feet
of the hive entrance and shall extend at least three (3) feet on either side of
the hive (See Appendix X).
(f) Flyway Barrier Exemptions. No such flyway barrier shall be required for
individual beehives that are located on roofs, porches or balconies at least
ten (10) feet above grade. Beekeeping equipment kept on roofs, porches or
balconies shall be screened from view. A flyway barrier is not required if
the property adjoining the apiary lot line is undeveloped, or is zoned
agricultural or non-residential, or is a wildlife management area or
naturalistic park land with no horse or foot trails within twenty-five (25)
feet of the apiary lot line.
(g) A supply of fresh water no smaller than three (3) gallons in size shall be
maintained in a location within ten feet of each colony and readily accessible
to all bee colonies on the site throughout the day to prevent bees from
congregating at neighboring swimming pools or other sources of water on
City of Oshkosh Municipal Codes
Revised 5/14/19
City of Oshkosh Chapter 6 - Page 11 Municipal Codes
nearby properties.
(h) Each beekeeper must ensure that no wax comb or other material that might
encourage robbing by other bees are left upon the grounds of the apiary lot.
Such materials once removed from the site shall be handled and stored in sealed
containers, or placed within a building or other vermin-proof container.
(i) Each beekeeper shall maintain his beekeeping equipment in good
condition, including keeping the hives painted if they have been painted
but are peeling or flaking.
(j) Unused equipment shall be secured from weather, potential theft or vandalism
and occupancy byswarms. It shall be a violation of this section for any
beekeeper's unused equipment to attract a swarm, even if the beekeeper is not
intentionally keeping honeybees. Prohibitions. Africanized honey bees (Apis
mellifera scutellata) areprd1ibiia:landmay not be kept ona property under the
regulations of this Section.
(k) Bees shall not be kept or maintained upon a vacant lot or inside a primary
residential structure, including basements, porches, garages, or accessory
structure such as garages, sheds, or similar storage structures.
(H) Appeals regarding Determinations to Deny Permit
(1) The City of Oshkosh elects not to be strictly bound by the provisions of Chapter 68
Wisconsin Statutes in relation to Appeals of Determinations to Issue Beekeeping Permits
under this Chapter and appeals shall proceed as follows.
(2) Per Section 30-344(B)(l) of the City of Oshkosh Municipal Code, any person denied a permit
may file an appeal with the Board of Zoning Appeals within ten (10) business days of the date
the notice of denial is postmarked.
(3) Notices of Appeal shall be filed with the Department of Community Development in
writing, specify the reasons for the appeal and be signed by the person making the appeal.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision
of the Director of Community Development or Designee.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the Board
of Appeals shall be the final determination in relation to this issue and may be appealed within
the time specified and as provided in Section 68.13 Wisconsin Statutes.
(I) Revocations of Permits
(1) Revocation of permits may be commenced by complaint filed by city staff acting in their
official capacity or by any abutting property owner.
(2) Complaints shall be filed with the Department of Community Development in writing,
specify the reasons the permit should be revoked and be signed by the person making the
complaint.
(3) Complaints shall be heard before a Hearing Officer who shall be appointed by the City
Manager. Any person or party aggrieved by such decision of the Hearing Officer may
appeal such decision to the Board of Zoning Appeals by filing a written notice of appeal
City of Oshkosh Municipal Codes
Revised 5/14/19
City of Oshkosh Chapter 6 - Page 12 Municipal Codes
with the City Clerk within ten (10) City business days of mailing of a written order from the
Hearing Officer.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision
of the Hearing Officer.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the Board
of Appeals shall be the final determination in relation to this issue and may be appealed within
the time specified and as provided in Section 68.13 Wisconsin Statutes.
(6) Unless appealed as provided above in which case such appeal shall act as a stay upon this
provision until a final determination is issued by a court of competent jurisdiction, upon
revocation of a permit the property owner shall cease all beekeeping activity on his or her lot
within 14 days. Failure to do so shall be considered a violation of this Ordinance. The
Director of Community Development or Designee shall have the responsibility of enforcing
this provision and may take such action as is necessary to abate such violation.
SECTION 6-3.4 URBAN DUCKKEEPING
(A) Purpose
The purpose of this section is to establish regulations applicable to urban duckkeeping on lots
with single and two-family residential uses within the City and is intended to limit issues that
might otherwise be associated with unregulated urban duckkeeping in neighborhoods. By
providing reasonable regulations for urban duckkeeping on properties, the City can support a
sustainable activity while setting standards that are practical for duckkeepers and safe for
neighbors.
(B) Definitions
(1) "Adjacent lot" shall mean all lots that the applicant's property comes into contact with at
one or more points, except for lots that are legally abutting but separated from the
applicant's property by a public or private street, alley or other right-of-way.
(2) "Duck" shall mean heavy body, egg laying hens. No drakes.
(3) "Duckkeeper" means a person who owns or has charge of one or more ducks on their property.
(4) "Duck enclosure, housing facilities, enclosure" means the enclosure inhabited by one or
more ducks that is constructed for that purpose.
(5) "Lot" means a contiguous parcel of land under common ownership.
(6) "Run" shall mean the fenced in outdoor space provided for ducks.
(7) "Primary Residential Structure" shall mean any building located on a lot and used for living
purposes.
(C) Permit Required
No person shall keep or maintain any ducks within the city limits prior to obtaining an annual
permit from the City and registration with the State. The City permit year shall commence on
January 1 of each year and permits shall expire on December 31 of that year. Prior to permitting by
the City, the owner must provide proof of State Livestock Registration.
(1) Every Duckkeeper shall pay the appropriate fee and obtain a permit to keep ducks on
property owned or occupied by the person.
City of Oshkosh Municipal Codes
Revised 5/14/19
City of Oshkosh Chapter 6 - Page 13 Municipal Codes
(2) A maximum of six (6) ducks may be kept on lots containing single or two-family
residential land uses if:
(a) The permit application is submitted including but not limited to the following
information: name of applicant, property address, contact number, license fee, and scaled
site plan consistent with the standards of practice identified within this section; together
with any additional information reasonably determined to be necessary by the Director of
Community Development to determine whether the applicant has or will comply with all
standards of practice identified within this section and any other applicable ordinance or
statutory requirements. Tenants submit to the City a written statement of support signed
by the property owner. Tenants seeking to raise ducks also submit a written agreement
between the landlord/property owner and applicant, as to the plans for maintenance of
the enclosure and ducks and their disposition after the applicant vacates the premises.
(b) A permit is issued by the Planning Services Division for construction of the required
coop/enclosure.
(c) Maximum combination of six (6) ducks and/or chickens are permitted.
(3) Permits are personal to the applicant, non-transferrable, and do not attach to or run with the
land.
(4) The fee for the initial permit shall be as established by the Common Council. Annual
renewal of the permit is required and the fee for the renewal shall be equal to the initial
permit fee as established by this Chapter.
(5) If the standards of practice are not established and/or maintained subsequent to issuance of a
duckkeeping permit, the permit may be revoked by the City. Once a permit has been revoked,
it shall not be reissued for a period of at least two years.
(D) Standard of Practice
Every owner and/or person in charge of keeping ducks shall at minimum provide the ducks with
shelter, bedding, and water as prescribed in this Section.
(1) All ducks shall be kept and maintained within a detached, stationary structure used exclusively
for the keeping of ducks. Temporary or movable devices or structures shall be prohibited.
a. Exemption: ducklings can be incubated/nurtured indoors for no more than four (4) weeks.
(2) The duck enclosure shall be structurally sound, moisture proof, and maintained in good
repair. The enclosure floor can be dirt but the structure walls will then need to be buried 6 inches
below ground to prevent predators from digging into the enclosure. Concrete or wood floors are
also permitted. Slippery plastic or metal wire flooring is prohibited.
(3) Duck enclosures shall be constructed and maintained to provide sufficient space to allow each
animal adequate freedom of movement and the retention of body heat. The outdoor run needs to be
50 square feet per one bird. Ducks shall be provided enclosures that are enclosed, predator-proof,
and adequately ventilated.
(4) Ducks are all-weather birds so they should have full access to their run area at all times. Ducks will
play in rain and snow, but also need a shaded area for the hot summer weather.
(5) Duck run shall have a water feature to replicate a pond, such as a plastic tub filled with water. This
water feature shall meet the same setback requirements as duck enclosures. It is recommended to
have at least one gallon per duck available.
(6) Ducks are winter resilient and need air flow more than insulation, but a sufficient quantity
of clean bedding material shall be provided for some insulation and to help retain body
City of Oshkosh Municipal Codes
Revised 5/14/19
City of Oshkosh Chapter 6 - Page 14 Municipal Codes
heat.
(7) Duck enclosures shall measure a minimum of eight (8) square feet in area or four (4)
square feet in area per duck, whichever is greater. Duck enclosure shall be at least three (3)
feet high.
(8) Duck enclosure entrance shall have a zero entry or a very slight non-slip ramp. Duck
enclosures do not need nest boxes, but one can be used if desired. Ducks are very good at
laying eggs anywhere they see most fit.
(9) Duck enclosures must be constructed and maintained so as to prevent rodents from being
harbored underneath or within the walls thereof.
(10) No duck enclosure shall be located closer than 25 feet to any neighboring primary residential
structure and duck enclosures must be located in the rear yard of the property, as defined by
the Zoning Ordinance. The duck enclosure can be placed next to a primary or accessory
structure if no heating element is within said enclosure.
(11) Every duckkeeper shall keep and maintain the required enclosure in a clean, sanitary, and
odor fee condition. All duck enclosures, attached runs/enclosures, and yards where ducks
are kept and maintained shall be cleaned regularly to keep them reasonably free from
substances, including but not limited to manure, uneaten feed, feathers, and other such
waste so that it does not cause the air or environment to become noxious, or offensive, or
to be in such condition as to promote the breeding of flies, mosquitoes, or other insects, or
to provide habitat, breeding or feeding place for rodents and other animals, or otherwise be
injurious to public health.
(12) Duck feed shall be stored and kept in containers which make the feed unavailable to rodents,
vermin, wild birds, and predators.
(13) Ducks shall be kept and handled in a sanitary manner to prevent the spread of
communicable diseases among birds or to humans.
(14) Any person keeping ducks shall immediately report any unusual illness or death of ducks
to the Winnebago County Health Department.
(E) Prohibitions
(1) The slaughter of ducks is prohibited.
(2) Drakes shall be prohibited except for in Rural Holding (RH-35) Districts or unless part of an
agricultural operation authorized by the City of Oshkosh Zoning Ordinance Chapter 30 of
the Municipal Code.
(3) Duckkeeping within the City may only occur on lots containing single and two-family
residential land uses. Duckkeeping on lots containing any other land uses is prohibited.
(4) Ducks shall not be kept or maintained upon a vacant lot or inside a residential structure,
including basements, porches, garages, sheds, or similar storage structures.
(a) Exemption: ducklings can be incubated/nurtured indoors for no more than four (4)
weeks.
(5) Offsite sale of eggs is prohibited except as otherwise permitted by the State of Wisconsin and
the United States Department of Agriculture.
(6) Ducks with an infectious disease capable of being transmitted from bird to bird or birds to
humans, including but not limited to, salmonella and avian influenza, are prohibited and
shall be immediately euthanized by a veterinarian.
(F) Appeals regarding Determinations to Deny Permit
City of Oshkosh Municipal Codes
Revised 5/14/19
City of Oshkosh Chapter 6 - Page 15 Municipal Codes
(1) The City of Oshkosh elects not to be strictly bound by the provisions of Chapter 68
Wisconsin Statutes in relation to Appeals of Determinations to Issue Duckkeeping
Permits under this Chapter and appeals shall proceed as follows.
(2) Per Section 30-344(B)(l) of the City of Oshkosh Municipal Code, any person denied a
permit may file an appeal with the Board of Zoning Appeals within ten (10) business days
of the date the notice of denial is postmarked.
(3) Notices of Appeal shall be filed with the Department of Community Development in
writing, specify the reasons for the appeal and be signed by the person making the
appeal.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative
decision of the Director of Community Development or Designee.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the
Board of Appeals shall be the final determination in relation to this issue and may be
appealed within the time specified and as provided in Section 68.13 Wisconsin
Statutes.
(G) Revocations of Permits
(1) Revocation of permits may be commenced by complaint filed by city staff acting in their
official capacity or by any abutting property owner.
(2) Complaints shall be filed with the Department of Community Development in writing,
specify the reasons the permit should be revoked and be signed by the person making the
complaint.
(3) Complaints shall be heard before a Hearing Officer who shall be appointed by the City
Manager. Any person or party aggrieved by such decision of the Hearing Officer may
appeal such decision to the Board of Zoning Appeals by filing a written notice of appeal
with the City Clerk within ten (10) business days of mailing of a written order from the
Hearing Officer.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision
of the Hearing Officer.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410, The decision of the Board
of Appeals shall be the final determination in relation to this issue and may be appealed within
the time specified and as provided in Section 68.13 Wisconsin Statutes.
Unless appealed as provided above in which case such appeal shall act as a stay upon this provision until a
final determination is issued by a court of competent jurisdiction, upon revocation of a permit the property
owner shall cease all duck keeping activity on his or her lot within 14 days. Failure to do so shall be
considered a violation of this Ordinance. The Director of Community Development or Designee shall have
the responsibility of enforcing this provision and may take such action as is necessary to abate such
violation.
Congratulations on your decision to
raise chickens in Oshkosh. This guide is
intended to provide you with
information concerning the municipal
regulations for keeping chickens, as well
as to provide tips to help you
successfully raise backyard hens.
Please carefully review all of the
municipal requirements listed.
Responsible management of your
chickens and chicken coop is an
essential part of the sustained success
of this movement and continued
support of our community.
The raising of chickens on your property
can serve as a valuable community-
building experience by inviting friends
and neighbors over to participate, by
educating our youth about natural life-
systems and where their food comes
from, and by sharing the “eggs” of your
labor.
Have fun, be responsible and good luck!
Sustainability Advisory Board
BENEFITS OF RAISING CHICKENS
Raising Chickens is Fun and Interesting
Backyard chickens can be an enjoyable
experience for the whole family and
neighbors, including playing, feeding, and
just observing these unique birds.
Positive Educational Opportunity
Children (and adults) will learn about
where food comes from and develop
responsibility for the care of an animal.
Healthy, Local & Sustainable Protein Source
For households seeking to produce their
own food, the eggs gathered from
backyard chickens provides the needed
source of protein that is often missing. As a
benefit, well-treated backyard chickens
tend to produce extremely high quality
eggs.
Chickens are great for Your Garden
Chickens are huge consumers of bugs
and pests, making them a welcomed
addition to any garden. Their waste is also
an effective and natural fertilizer.
Healthy Activities Can Build Community
Over 100 residents came together to make
backyard chickens a possibility in Oshkosh.
Community members attended planning
meetings, workshops, and community
events collaborating on this effort. Many
cities continue to see events and
gatherings surrounding urban chickens
and local foods.
Created by:
Oshkosh Sustainability Advisory Board
with assistance from
Glacierland Resource Conservation &
Development
&
UW-Extension
A How-to
Guide for
Raising
Backyard
Chickens in
Oshkosh
City Ordinance
Requirements
(See Chapter 6 (Animals) and Chapter 30
(Zoning) of City Codes for complete requirements)
You must obtain an annual city license
from city hall ($15.00)
You must register your property with the
free Wisconsin Livestock Registry
You must provide a chicken coop in
your rear yard that meets the following
requirements:
Structurally sound, moisture proof and
maintained in good repair with
sufficient space for freedom of
movement and retention of body heat
Provide a sufficient quantity of
suitable clean bedding material
Must be enclosed, predator-proof, free
of rodents, insulated, and adequately
vented, with elevated perches for
natural roosting position
A minimum size of 7 square feet in
area or 3 square feet in area per
chicken, whichever is greater with
1 nest box for every 2 chickens
Must be at least 25 feet from a
neighbor’s primary residence, at least 3
feet from the side & rear property lines
and at least 5 feet from your residence
Maximum of 6 hens per residential lot
Roosters are not permitted
The slaughter, abuse or neglect of any
chicken is strictly prohibited
The chickens should be provided
regular access to water and food
Hens must be secured in their coop at
night, and be provided access to an
outdoor enclosed run area for the
majority of daylight hours
Raising From Eggs:
Eggs need 21 days of incubation,
requiring turning at least 3-4 times per
day. Maintain temperatures between
99 and 103 F. A small dish of water
must be added to maintain moisture.
Ventilation is important. Small scale
incubators are available for a low cost
that maintain temperature and
automatically rotate the eggs. After
the 17th day, eggs should no longer be
rotated. After the chicks hatch and
have dried, place them in a holder
heated to 95F. Provide a starter mash
feed and fresh water. If you are
considering raising chicks from eggs,
please reference a complete guide on
the process to ensure understanding
of the many small details that help
improve health and success. Also
consider that you will need to find a
home for any young roosters.
Raising From Chicks:
Raising young chicks – as young as a
few days – is the easiest and most
common method. 1-week old chicks
need a temperature of 90-95F. Raise
the heat lamp each week to lower 5 F
until about 70-75 F. Ensure constant
access to water and provide a starter
feed. You should provide a half square
foot of space per bird, increasing
around week 4. This holder – or
brooder – can be a box. Start with
layers of newspaper on the bottom
and replace with pine shavings at
week 2. Make sure the walls are tall
enough to prevent jumping out. A
circular brooder prevents the piling up
in corners.
Shelter & Run
The coop should been sturdy,
insulated, and at least 3 square feet in
size per hen, with a minimum size of 7
square feet. Elevated perches must
be provided as well as 1 nesting box
every 2 hens. Nesting boxes should be
about 18 in H x 18 in L x 12 in W, with a
slanted roof to discourage roosting on
top of the box. Add pine bedding to
the boxes, and a small lip to the
bottom of the entrance to prevent the
egg from rolling out. Heat may be
needed during the cold winter months,
and light may extend the egg-laying
season (birds need at least 14 hours of
light per day to produce eggs).
Maintain 3-4 inches of litter (pine
shavings) in winter to help insulate. Keep
interior dry. Ensure a tight enclosure to
keep out predators. A run must be
provided, offering ground access that
is fenced in. Sizes of the run will vary,
but should be long enough to enable
running (6–10 ft minimum length) and
wide enough to enable wing
extension (3–6 ft minimum width).
Selecting a Hen
There are many different breeds of
hens, and you are encouraged to
research what type of hen fits your
needs and interests. UW-Extension
recommends Leghorns, Minorca, or
Buttercups for egg-laying.
Feeding, Health & Safety
You should provide access to food
multiple times per day, with constant
access to water. Feed is available at
many local farm supply stores and
through feed distributors. Chickens will
also enjoy many of your table scraps.
You need to keep your food stored in a
secure manner in order to prevent
rodents. You also need to regularly
clean out the litter to ensure a dry,
clean environment that prevents the
presence of pests and rodents.
Composting
You are encouraged to compost your
poultry waste to use as a garden or
yard additive. Poultry waste is high in
nitrogen, an essential nutrient for
plants. Waste should be composted in
a predator-proof container to make it
garden-ready, and should be applied
at least 120 days prior to harvesting any
food. Follow the UW-Extension guide
for composting chicken waste.
Additional Resources
Wisconsin Livestock Identification Consortium
(Livestock Registry):
Register online at www.wiid.org
Or phone WLIC at 888-808-1910
Information about Wisconsin Livestock Registry:
http://datcp.wi.gov/Farms/Livestock/Livestock_Prem
ises_Registration
City youth participation in 4-H poultry activities:
http://winnebago.uwex.edu/4-h-youth-
development
Information on the raising of backyard chickens:
www.backyardchickens.com
Resources and links to improve your skills and
knowledge related to raising chickens:
www.beginningfarmers.org/information-about-
raising-chickens
Networking opportunity with others in the
community raising hens:
www.facebook.com/OshkoshBackyardChickens
Tips for Successfully Raising Hens
Local sustainable initiatives and updates:
www.oshkoshwi.gov/SustainableOshkosh
Handling Urban
Poultry Litter
“A3601 - How much fertilizer do your ani-
mals produce.” Board of Regents of the
University of Wisconsin System.
http://learningstore.uwex.edu.
Fanatico, A., “Poultry House Management
for Alternative Production.” NCAT.
http://www.attra.org. 2007.
Governo. J., “Composting Livestock or Poul-
try Manure” University of Georgia.
http://www.extension.org/pages/Composti
ng_Livestock_or_Poultry_Manure. Accessed
October 26, 2010.
Hady, A., “A3908-02 - Pasture Poultry
Ark.” Board of Regents of the University of
Wisconsin System.
http://learningstore.uwex.edu. 2010.
Hady, A., and R. Kean, “A3858-01 - Guide
to Raising Healthy Chickens.” Board of Re-
gents of the University of Wisconsin System.
http://learningstore.uwex.edu. 2008.
Ingham, S., “XHT-1143 - Safely Using Ma-
nure in the Garden.” Board of Regents of
the University of Wisconsin System.
http://www.uwex.edu/ces/wihort. 2007.
Plamondon, R., “Poultry: Equipment for Al-
ternative Production.” NCAT.
http://www.attra.org. 2006.
REFERENCES AND
RESOURCES
An EEO/AA employer, University of Wisconsin-
Extension provides equal opportunities in employment
and programming, including Title IX and ADA.
Persons with disabilities who require alternative means
for communication of program information (Braille, large
print, audiotape, etc.) should contact the Winnebago
County Extension Office.
Prepared by: Nick Schneider
Winnebago County Agriculture Agent
University of Wisconsin-Extension
October 2010
Winnebago County UW-Extension
625 E. County Y, Suite 600
Oshkosh, WI 54901
920-232-1971
How much waste will poultry create?
A typical laying hen weighing four pounds will
produce between three to four ounces of waste
per day (A3601). This is approximately 75
pounds per year. At the time of excretion,
poultry waste is rather wet so it is important to
have plenty of bedding (aka. litter once soiled)
to absorb the moisture. The total amount of
bedding, such as wood shavings or straw, can
vary based on the size of the chicken coop and
number of birds. Plan for two to three inches
deep of bedding. Bedding not only is impor-
tant for keeping the poultry warm and dry, it
also provides scratch which is important for
poultry well being (Fanatico). The bedding
should be replaced when it stays too damp
and/or cakes together. Good ventilation is an
important way to help the bedding dry.
How should poultry litter be disposed of?
The two most likely disposal techniques will be
in a composting system or applied to the soil
such as in a garden.
Are there precautions with handling poultry
litter?
Like other types of animal wastes, soiled poul-
try litter can be a source of bacteria, in particu-
lar, Salmonella. Wearing rubber gloves and
washing hands well with soap when cleaning
out a coop is a simple way to address this issue.
Handling Urban Poultry Litter
How should poultry litter be composted?
Composting the poultry litter is an excellent op-
tion. Composting can be done by many meth-
ods ranging from piles, to pits, to open bins, to
sealed bins which can be stationary or rotate.
The correct carbon to nitrogen ratio is important
for good composting. Initial C:N ratios from
20:1 to 40:1 give good composting results. This
is often referred to as having the correct
amounts of brown and green material. Other
plant material and some food wastes can be
added to balance the compost pile. Moisture
content should range from 40 to 60% for micro-
bial activity. Aerating or stirring the material is
important for introducing oxygen and encour-
aging good aerobic bacteria to eat and break
down the particles. Improperly aerated piles
can encourage anaerobic bacteria which can
be a source of bad odors. Aggressively man-
aged compost that heats well may be finished
in a couple of months while a passively
managed pile may take more than a year to
break down (Governo). Since poultry litter
can contain undesirable bacteria and be a
source of odors,
sealed yet aerated
compost bins may be
p r e f e r e d f o r
disposing of poultry
waste in urban
enviorments.
Can poultry litter be used in the garden?
With caution. The risk of bacterial contamina-
tion from manure is serious enough that USDA
National Organic Program (NOP) rules specifi-
cally address when non-composted manure can
be applied to soil used for vegetable produc-
tion. The NOP rules state that if vegetables
have edible parts that might contact the soil
(either directly or via rain/irrigation splash),
then manure must be applied at least 120 days
before harvest. For a crop like sweet corn,
where the edible portion is not exposed to soil,
the limit is 90 days before harvest. In Wiscon-
sin, 120 days can cover most of the vegetable
growing season, so growers may be tempted to
apply fresh manure in the spring, even though
harvest will be less than 120 days away.
Avoid doing this. Incorporating the litter into
the soil in fall is a better option for providing
the recommended 120 days (Ingham).
What is the nutrient content of poultry litter?
While poultry manure is relatively nutrient rich
compared to other types of animal manure, the
total amount of nutrients produced from a small
backyard flock will be low. In a single year, a
chicken will produce less than a pound of nitro-
gen, phosphate and potassium in a plant
available form (A3601). It is important the
poultry litter be contained in and around the
coop so it does not became a pollutant by
washing into storm water systems.
City of Oshkosh Municipal Code
Revised 8/23/22
City of Oshkosh Chapter 25 – Page 38 Municipal Code
submit a detailed written request to the Department of Community Development. City
staff shall review the request and provide a staff recommendation to the Common
Council. The Common Council will consider the following, in addition to any other
relevant factor, when reviewing variance requests:
a. The variance will not be contrary to the public interest;
b. Substantial justice will be done by granting the variance;
c. The variance is need so that the spirit of the ordinance is observed;
d. Due to special conditions, a literal enforcement of the provisions of the Sidewalk
Café Ordinance will result in unnecessary hardship.
(2) The City’s allowance of Sidewalk Cafes in certain circumstances on the public right-of-
way is not intended to grant, and shall not grant, any property rights within the public
right-of-way to property owners, licensed establishments, or others. Therefore,
variances or exceptions shall be at the sole discretion of the Common Council based
upon a review of all facts of each circumstance. The Common Council may approve or
deny the request as submitted, or approve the request in party subject to any condition
considered appropriate by the Common Council for each circumstance.
SECTION 25-63 RESERVED
SECTION 25-64 RESERVED
SECTION 25-65 RESERVED
SECTION 25-66 RESERVED
SECTION 25-67 RESERVED
ARTICLE VIII. SNOW AND ICE REMOVAL
SECTION 25-68 SNOW REMOVAL
(1) Sidewalks
Every owner of real property within the City shall within twenty-four (24) hours following
cessation of a snowfall or other precipitation, remove all snow and ice from the sidewalk located
adjacent to the premises; provided that, when ice is so formed on any sidewalk so that it cannot
be removed, the person owning such premises shall sprinkle the sidewalk or curb ramp with a
material(s) to accelerate melting and prevent slipping. When pavement temperatures drop
below 15 degrees F, salt may not be effective, so switching to sand for traction or a different ice
melter that works at lower temperatures is recommended.
Every person who owns property abutting any crosswalk/curb ramp shall remove all snow and
ice from the sidewalks bordering the crosswalk and the curb ramp. Additional snow events will
not extend the snow removal deadline. Prior snowfalls are required to be removed by the
original deadline.
City of Oshkosh Municipal Code
Revised 8/23/22
City of Oshkosh Chapter 25 – Page 39 Municipal Code
(2) Deposit On Streets and Near Fire Hydrants Prohibited.
(A) No person shall throw, or put, or cause to be thrown or put, any snow or ice onto any fire
hydrant, or cause to be blocked or covered or interfere with the use of fire hydrants.
(B) No owner of real property within the City shall remove or cause or allow to be removed any
snow or ice from private property including but not limited to driveway, parking lot,
parking area, business property, or other area onto any public right-of-way or public
property. No owner of real property within the City shall remove or cause or allow to be
removed any snow or ice from a sidewalk or driveway apron onto any alley or street.
(C) Snow removed from public sidewalks shall not be stored in any manner which will
unreasonably obstruct or limit vehicular or pedestrian vision, movement, or access.
(D) If the owner of such premises shall fail to remove such snow and ice or to sprinkle a
sidewalk as required, or if the owner deposits or causes to be deposited or allows snow or
ice to be deposited upon any public right-of-way or public property contrary to these
provisions, such actions shall be considered a nuisance. Any person violating any of the
provisions of this section shall be subject to a forfeiture of not less than twenty dollars ($20)
nor more than fifty dollars ($50) for a first offense and not less than thirty dollars ($30) nor
more than one hundred dollars ($100) for any subsequent offense. Each day any violation of
this ordinance continues shall constitute a separate offense.
SECTION 25-69 WHEN CITY HAS TO DO WORK
(1) Residential Districts.
Whenever any owner of any parcel of real estate in a residential district fails or neglects to remove
snow and ice from any such sidewalk as provided in Section 25-68 of the Oshkosh Municipal Code,
the Director of Public Works shall, without notice, have the ice and snow removed there from. He
shall keep an accurate account of the expenses, including any administrative costs, of keeping the
sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so, shall invoice
the property owner for such expenses and report the same to the Comptroller, who shall annually
prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel
of land and report the same to the City Clerk. The amount charged to each lot or parcel of land
which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as
provided in §66.0627 of the Wisconsin Statutes against such lot or parcel of land, and the same shall
be collected in all respects like other taxes upon real estate. The imposition and collection of any
forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice from
the sidewalks as herein provided.
Hidden Costs of Over-salting
Salt weakens the concrete, brick and stone
that make up our homes, garages, bridges,
and roads. Salt corrodes metal flashings on
doorways and thresholds, as well as on our
vehicles. According to Wisconsin SaltWise,
one ton of rock salt causes between $800 and
$3,300 of damage to buildings, bridges and
other infrastructure. Nationwide we spend over
$5 billion annually to repair salt damage to
roads and bridges and we're not keeping up.
Extend the life of your sidewalks by putting
down less salt.
Tips for using less salt:
●An attempt should be made to shovel or remove
all snow or other solid precipitation as a first step
●Only apply salt or other deicer(s) to established
ice; salt or other deicers should not be applied in
advance of precipitation or as a preventative
measure
●Salt must be scattered, with space
(approximately 3 inches) between crystals; a 12
oz container of salt is enough for 10 sidewalk
squares
●Excess salt that remains after snow and ice
have melted, salt should be swept up and can be
re-used an applied for future snow and ice events
●Widespread use of salt has
made our surface and
groundwater salty,
threatening our drinking
water
●Once salt is in our water, it
is very difficult and
expensive to remove
●Excess salt can be toxic to
pets, causing skin irritation
and other issues
●Excess salt in our lakes and
rivers is toxic to fish and
other animals, and can
decreases their growth rates
Image from Wisconsin SaltWise
Image from Wisconsin SaltWise
Image from Wisconsin SaltWise
SECTION 17-33 PUBLIC NUISANCES
The following acts, omissions, places, conditions and things are hereby specifically declared to be
public nuisances affecting the health, safety and welfare of persons within the City of Oshkosh,
but shall not be construed to exclude other health nuisances coming within the definition of
Section 17-32:
(E) Noxious Weeds
All Noxious Weeds, which are hereby declared to be the following within the City of
Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown
over eight (8) inches in height.
SECTION 17-44 WEED CUTTING AND LAWN CARE
(A) Definition of Noxious Weeds
The following are hereby declared to be Noxious Weeds within the City of Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown
over eight (8) inches in height.
(B) Owner's Responsibility
The owner of every parcel of land within the City shall cut or cause to be cut all Noxious
Weeds upon said parcel of land and in the public right-of-way adjoining said land. Any
owner failing to comply with this provision is subject to penalties provided in Section 17-
46, and further, the Noxious Weeds may be eliminated and abated by the City as provided
below.
(C) Uncut Growth; Public Nuisance; Abatement by City
All uncut Noxious Weeds as outlined above are hereby declared to be a public nuisance
and fire hazard and shall be cut by the City at its option if the owner fails to comply with
this ordinance. In addition to any other penalty provided in this Code, the costs thereof,
together with an administrative charge applied to the bill, imposed each time the growth
is cut, shall be charged against the property as a special charge.
(D) Exemptions
This ordinance shall not apply to the following areas (“Exempt Areas”):
(1) Vegetation located on lands cultivated for agricultural purposes
(2) Vegetation within 50’ of the edge of a designated storm water pond, wetland
or drainageway or within 50’ of the edge of natural or altered creeks, rivers
and stream corridors, including riparian buffer strips
(3) Temporary erosion control grasses
(4) Vegetation in publicly owned parks
(5) Vegetation on steep slopes that would be unsafe or unreasonable to mow
(6) Vegetation in natural wooded lots
(7) Vegetation located within an approved Native Landscaping Area per Section
17-44.2. Failure to conform to the native landscaping management plan shall
result in revocation of the approval of the Native Landscaping Area and shall
also result in a forfeiture of the exemption under this Section.
SECTION 17-44.1 APPOINTMENT OF WEED COMMISSIONER
The powers and duties of the Weed Commissioner as defined by state statutes shall be
performed by the Chief Building Official of the Inspection Services Division, or, staff
designees. The duties shall be performed in conjunction with other duties of the assigned
employee and said employees shall receive no additional compensation for said services
other than their regular salary.
17-44.2 NATIVE LANDSCAPING AREAS
(A) Purpose
The City recognizes the desirability of permitting natural vegetation within the City limits
while maintaining public health and safety. The City further recognizes that the use of
native plants in a managed landscape design on private property can be economical, low-
maintenance and effective in soil and water conservation. However, it is not the intent of
this section to allow vegetated areas to be completely unmanaged or overgrown.
(B) Native Landscaping Areas
Native Landscaping Areas, which otherwise may be known as maintained prairies or
meadows, are areas of grasses and flowering broad-leaf plants that are native to, or
adapted to, the State of Wisconsin and that are commonly found in meadow and prairie
plant communities. If a proposed landscape within the City includes native grasses that
exceed or are expected to exceed eight (8) inches in overall height, the property owner
must apply for and receive approval of the Native Landscaping Area pursuant to sub-
section (C) below.
(C) Native Landscaping Area Approval/Submission Landscaping Management Plan
A property owner in the City must apply to the Director of Parks or designee for approval
of a Native Landscaping Area and submit a native landscaping management plan. The
native landscaping management plan shall include the following information:
(1) The name and address of the property owner and contact information.
(2) A description of the type of vegetation to be used. A list of commonly-used
native landscaping is found in Section 30-254.
(3) A dimensioned site plan for the proposed Native Landscaping Area.
(a) The dimensioned site plan shall include setbacks at least five feet from
any property line. However, if a Native Landscaping Area abuts an
Exempt Area as defined in Section 17-44(D), no setback shall be
required from that specific abutting property line.
(b) The dimensioned site plan shall be contained solely within a property
owner’s private property. A Native Landscaping Area is not allowed
within the public right-of-way adjoining private property.
(c) The dimensioned site plan shall comply with visibility standards of
Section 30-174.
(4) A description of the specific management techniques that will be used to
control weeds, non-native or invasive vegetation, and rodent infiltration.
(5) The estimated transition period, which shall not be longer than three growing
seasons.
Any owner that applies for and receives approval of a Native Landscaping Area agrees to
hold the City harmless for all acts necessary to enforce its Weed Cutting and Lawn Care
regulation.
(D) Native Landscaping Area Denial, Revocation, and Appeal
(1) Applications for a Native Landscaping Area may be denied by the Director of
Parks or designee if the application is incomplete or inconsistent with
application requirements or it appears that the approval would be detrimental
to the public health, safety or welfare.
(2) Any Native Landscaping Area approval may be revoked by the Director of
Parks or designee for failure to comply with the approved native landscaping
management plan. In that event, the Director of Parks, or its designee, shall
mail the property owner a notice of intent to revoke the Native Landscaping
Area approval allowing the property owner thirty (30) days to either correct
the violations or to convert the property into a mowed and manicured lawn
composed of a common turf grass mowed to a height of not greater than eight
(8) inches. Failure to act on the notice shall entitle the City to proceed with
abatement according to Section 17-44(C).
(3) Any property owner who is denied a Native Landscaping Area approval may
appeal such decision to the Board of Appeals as provided for in Chapter 30.
Why
Native plants are beautiful and protect nature
Native plants are species that grew naturally in a region before European settlement. Since native
plants are adapted to their surroundings, they are more tolerant of drought and poor soil and more
resistant to native insects and diseases than non-natives. Species native to Wisconsin include many
attractive flowers, grasses, sedges, bushes and trees. In addition to providing food and habitat for
pollinators, birds, and other wildlife, native plants filter water pollutants and store carbon.
How
Three strategies for incorporating native plants into your yard1 Plant individual or small groupings of native flowers, shrubs, grasses, and/or trees into existing
landscaping. This does not require special permission by the city.
2 Create a small native plant area with a boundary of some sort, like a stone edge, and plant
natives within that boundary. Typically this does not require special permission by the city.
3 Apply to have your yard designated as a “Native Landscaping Area.” Municipal Code 17-
44.2 (B) states, ”Native Landscaping Areas... are areas of grasses and flowering broad-leaf
plants that are native to, or adapted to, the State of Wisconsin and that are commonly found in
meadow and prairie plant communities. If a proposed landscape within the City includes native
grasses that exceed or are expected to exceed eight (8) inches in overall height, the property
owner must apply for and receive approval of the Native Landscaping Area.” Municipal Code
17-44.2 (C) describes the process for receiving approval of a Native Landscaping Area within
the City of Oshkosh.
Weeds
Some native plants, like milkweed have “weed”in their name, but this does not mean they are
weeds. Weeds are any plants that are unwanted in their current location. So a native plant could be
considered a weed, but so can a rose bush!
Invasives
Invasive plants present a big and growing problem in Wisconsin. They are so aggressive that they
choke out more desirable plants. When developing a yard or landscape it is important to remove
invasives and take care not to introduce any new ones.
City Codes
Commonly used native plants
Municipal Code Chapter 30 - Article IX - Land-scaping Requirements includes Figure 30-254a
titled Commonly-Used Appropriate Landscaping Species. Native plants on this list are indicated
with an * and receive an additional 10% added to point values for landscaping requirements in new
commercial building. (Note, some plants on this list which are native to Wisconsin are not marked
as native.)
Designated Native Landscaping Areas
Section 17-44.2 (C) of the Municipal Code Native Landscaping Areas describes the process for
receiving approval of a native landscaping area within the City of Oshkosh. Contact the Parks
Department at 920-236-5080 for more information.
Exemptions to weed cutting requirements
Section 17-44D of the Municipal Code lists several exemptions to weed cutting and lawn care
requirements. Among the exemptions are vegetation on steep slopes that would be unsafe to mow,
vegetation in natural wooded lots, vegetation near water, and approved “Native Landscaping Areas.”
PlantNative
Native Plant Resources
City of Oshkosh Sustainability Plan
The City of Oshkosh Sustainability Plan includes a chapter titled “Environmental Conservation” which outlines policies on native
landscaping in Oshkosh. www.ci.oshkosh.wi.us/SustainableOshkosh
Rain gardens & storm water credits
Stormwater credits for installation of a rain garden are available. Municipal Code Section 30-255 describes standards for rain
gardens and bioswales. Contact the Department of Public Works at 920-236-5065 if interested. The City of Oshkosh
Residential Stormwater Utility Credit Policy can be found here: www.ci.oshkosh.wi.us/StormWaterUtility
Websites
DNR • dnr.wisconsin.gov/topic/endangeredresources/nativeplants
Guidance from the Wisconsin Department of Natural Resources (DNR) on native plants. This site includes a list of nurseries
that sell native plants. Reputable nurseries will answer your questions about the source and characteristics of their plants.
Nurseries will help you identify plants that will be successful for a particular purpose and specific conditions found in a yard or
garden. Many native plants are listed as endangered or threatened by the Wisconsin DNR. It is important to use native plants
that are propagated and not gathered. Gathering native plants disrupts native plant communities. In addition, like all plants
some natives are more aggressive than others.
Wild Ones • foxvalleyarea.wildones.org
As described on its website, Wild Ones “promotes environmentally sound landscaping practices to increase biodiversity
through the preservation, restoration and establishment of native plant communities.” The Fox Valley chapter provides many
educational opportunities and hosts an annual native plant sale.
USDA | Plants Database • plants.usda.gov
Information on plants including whether a plant is a native or introduced species to regions within the United States
Xerces Society | Pollinator Conservation Resource Center: Great Lakes Region
xerces.org/pollinator-resource-center/great-lakes
Includes lists of native plants and information on creation of pollinator habitat.
Audubon • audubon.org/native-plants
Includes a native plant database to bring more birds to a yard or garden.
USDA | State Noxious-Weed Seed Requirements (Wisconsin is on page 90)
https://www.ams.usda.gov/sites/default/files/media/StateNoxiousWeedsSeedList.pdf
Covers Wisconsin’s invasive, introduced, and noxious weeds as well as endangered and threatened species. Includes an
explanation of Wisconsin law.
Healthy Lakes & Rivers • healthylakeswi.com
Provides information on creating wildlife habitats on shoreland property.
Apps to help identify plant species: Pl@ntNet | Seek | PictureThis
Books at the Oshkosh Public Library
By Neil Diboll The Gardener’s Guide To Prairie Plants
By Lynn Steinter Landscaping with Native Plants of Wisconsin
By Douglas Tallamy
Nature’s Best Hope: A New Approach to Conservation That Starts in Your Yard
The Nature of Oaks
Bringing Nature Home: How Native Plants Sustain Wildlife in Our Gardens
By Benjamin Vogt Prairie Up (ebook only)
By Larry Weaner Garden Revolution: How Our Landscapes Can Be a Source of Environmental Change