Item 7A - Ordinance No. 95-17-113AGENDA ITEM 7A JANUARY 23, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ordinance No. 95-17-113; Second and Final Reading Public Hearing
Pilot Program for Backyard Hen Permjtting
SUBMITTED BY: Derek W. Reeves, Planner /A--
DATE: January 1 0, 2017
BACKGROUND: This is the second and final reading of Ordinance No. 95-17-113, often
referred to as the "Chicken Ordinance". The ordinance is the culmination of effmts over the last
year by Commission and staff that was first presenled in a draft ordinance by staff on November
23rct, 2016. After public input Cmmnission directed staff to make various changes resulting in Hie
cun·ent ordinance.
The ordinance creates a 2 year pilot program that will allow 50 properties to receive permits to
have up to 5 hens with defined requirements for the coops and enclosed pens. There is a $50.00
one-time pelmil fee and applicants will have to complete a seminar with the Duval Counly
Agricultural Extension Office, provide proof of their Home Owners Association approval where
applicable and have their facilities inspected by City staff.
There will be an evaluation of the pilot program presented to the Commission after 18 months. At
that time, Commission may decide to; I. End the pilot program, 2. Extend the pilot program, or 3.
Permanently allow backyard hens by codifying the program without restrictions on time and the
number of pe1mits allowed.
On January 91h, 2017, Commission voted 4-1, with Commissioner Stinson dissenting, to approve
the ordinance at first reading.
BUDGET: None.
RECOMMENDATION: To approve Ordinance No. 95-17-113 as read by title.
:I.f'/1'· ~
ATTACHMENTS: Ordjnance No. 95-17-113. ~
REVIEWED BY t\CITY MANAGER: ~.£.n~zr-4f
AGENDA ITEM 7A
JANUARY 23, 2017
ORDINANCE NUMBER 95-17-113
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING
A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN
CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO A FEE OF $50;
LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT
PROGRAM TO 50; PROVIDING FOR EVALUATION AND
REPORTING OF THE PILOT PROGRAM TO THE CITY
COMMISSION AFTER EIGHTEEN MONTHS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that
municipalities shall have governmental, corporate and proprietary powers to enable
municipalities to conduct municipal government, perform municipal functions and render
municipal services; and.
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for muniCipal purposes except as otherwise provided by law; and
WHEREAS, the importance of sustainability and local food sourcing has inspired an
interest in backyard and community food production within our city limits, and
WHEREAS, many communities in Northeast Florida and throughout the United States
have been exploring and implementing programs to integrate the keeping of backyard chickens
into urban and suburban residential settings;
WHEREAS, chickens are social not solitmy animais, can make good pets, and findings
indicate that :five (5) are sufficient to meet the needs of the average family's egg consumption;
and
WHEREAS, residents of the city living in residentially zoned areas that are not currently
allowed to keep chickens have indicated a desire to do so, asking that special attention be
initiated as to how chickens can be successfully and lawfully .. integrated into their residential
environments; and
WHEREAS, the findings and recommendations of the City Commission have been
considered.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH FLORIDA:
Section 1. Purpose and Intent. Creation of a pilot program to permit backyard hens in
certain residential zoning districts in which they are currently not permitted. This ordinance
provides for a temporary exception to Section 4-7 (a) of the Atlantic Beach Code of Ordinances
AGENDA ITEM 7A JANUARY 23, 2017
so as to allow for the creation of a pilot program for the Jceeping ofbaclcyard hens, and
establlshes criteria and limitations so as to avoid adverse impacts on neighboring properties and
residents, and to provide for the health and safety of the chickens. Nothing herein shall
supersede any effective, recorded deed restriction prohibiting baclcyard hens on property located
within the City.
, Section 2 . Creation, Limitation, Permits, Approvals and Fees under the Pilot
Program. The Commission hereby approves a pilot program for permitting backyard hens 1n
certain residential districts enumerated herein, upon meeting the perf01mance standards and
development criteria set forth below in Section 3, and subject to the following conditions~
(A) The pilot program shall allow for the issuance of no tnore than 50 permits within the
Atlantic Beach City Liiruts. Permits shall be issued on a fiist come, first served
basis and only upon the subject applicant meeting the standards and development
ciiteria set forth in Section 3.
(B) A $50 permit fee shall be requiied for each application.
(C) Within 60 days from the date of adoption of this ordinance, the BuildiftgaBd Zoftiag
Community Development Department shall create an application for a backyard
hens permit and shall establish. an administrative procedure for issuing said permits,
collecting the pennit fees, ensming that an application meets the requirements for
issuance of the backyard hens permit and for maintaining a database for tracking the
households which Teceive permits and :renewal of permits.
(D) The pilot program shall remain in place for two (2) years from the date of adoption
oftbis ordinance at which time it shall be extended or discontinued by action ofthe
Commission.
(E) Within eighteen (18) months from the date of adoption of this ordinance> the City
Manager shall evaluate and review the pilot pro gram, with input :fi:om 1'\B:imal
Conkel aad the BW-Idi:eg and PlaftfliAg aed Zeaiag Department, Animal ControL the
Building Department. and the Community Development Department. and shall issue
a report to the City Com.trrission as to the success of the pilot program> complaints
lodged and the welfare of the hens being kept within the Atlantic Beach City limits.
Section 3. Backyard R en Permits Special Conditions. The permit for backyard hens
issued pursuant to this ordinance shall be subject to the following regulations, standards and
development criteria:
(A) For the pmpose of this pilot program~ a hen (gallus domesti.cus) refers only to a
female chicken. Up to five (5) hens (gallus domesticus) may be permitted in the rear
yard of only single farriily dwellings located in the RS-L, RS-1, RS-2, RG, aOO-RG-
M. PUD. and SPA zoning districts> subject to the following standards and
development criteria:
Ordinance 95-17-113 Page 2 of5
AGENDA ITEM 7A JANUARY 23, 2017
(i) Hens shall be kept within a coop and will not be allowed to be free roaming. A
. fenced or wired in area, or "enclosed pen" is required in conjunction with a
coop to provide an outside exercise area free from predators for hens. Said
area shall be of a size that allows access to foraging area, sunlight, and
exerc1se.
(ii) The coop and enclosed pen shall be screened when viewed from neighbor's
hoase property, using aa-a 6 foot 'tall opaque fence and/ or landscape screen or
evergreen plantings.
(iii) Any coop and enclosed pen shall be located only in. the rear yard area of the
property. No coop or enclosed pen shall be allowed in any front or side yard
ru:ea.
(iv) All coops shall be required to be anchored in such a way so as to prevent them
from becoming airborne during a wind event.
(v) The coop shall be covered and ventilated !;llld an enclosed pen must be well
· drained so that there is no accumulation of moisture. ·The coop and enclosed
pen shall be completely secured from predators, including openings~
ventilatiqn holes, doors and gates (fencing or roofing is required over the
enclosed pen in addition to the coop.)
(vi) The coops shall provide a minimum of three (3) square feet per hen and be of
sufficient size to afford :fi:ee movement of the hens. The enclosed pens shall
provide a minimum of ten (1 0) squru:e feet per hen. The coop and enclosed pen
must be easily accessible for cleaning and maintenance.
(vii) AU stored feed shall be kept in a rodent and predator proof container.
(viii) Hens may not be kept on properties developed with townhome. duplex, triplex
or multifamily dwellings or any other structures except single family
dwellings. '
(ix) Except for hens, no, ducks, geese, turkeys, peafowl, pheasants, quail, male
chickens (roosters) or any other poultry or foul may be kept under tins pilot
program.
·(x) Hens shall be kept for personal use only. The selling of hens, eggs or manure
or the qr~eding of chickens for commercial pmposes is prohibited.
(xi) Hens shall not be permitted to trespass on neighboring properties, be released
or set :fr~e and shall be kept within a coop and enclosed pen at all times.
(x:ii) Hen eoops aRd enclosed J>ens sl1all he maintamed in a elean aad sanitax;·
coftditioa at aU times. Hess shall aot be permitled to create a naisaaee
eaasisting of oder, noise or pests, or eentribate to aay other .nU:isaace
condition.
(¥Hi xii) No dog or cat that kills a hen shall, for that reason alone, be considered a
dangerous and/or aggressive animal. .
(xiv xiii) Hens that are no longer wanted by their owners shall not be taken to
· Animal Control, nor shall they be released.
(*Y xiv) All residents wishing to acquire a permit must evidence the completion of
a hen keeping seminar from the Duval County AgricultUral Extension Office.
{*¥4 xv) Upon submission of a completed application as determined by the
Building aa.d Zoftiag Department, completion of the seminar :ft·om the Duval
County Agricultural Extension Office, where applicable have a letter from ·
Ordinance 95-17-113 Page3 of5
AGENDA ITEM 7A
JANUARY 23, 2017
their homeowners association allowing the keeping of hens and payment of the
$50 pennit fee, and following an inspection by Code Enforcement, the City
shall issue the permit.
(~ xvi)All hen coops and enclosed pens shall meet the setbacks for accessory
structures pursuantto Section24-151 (b)(l).(k). Storage and Tool Sheds of the
Atlantic Beach Land Development Regulations except that chicken coops and
enclosed pens shall. not exceed six ( 6) feet in height and may not exceed one
hundred (1 00) total square feet in area.
(B) As a condition of the issuance of a permit, a permit holder consents to inspection of
his or her prope1ty~ upon application for a permit and upon complaint to the City, Qy
Code Enforcement or Animal Control as related to backyard hens. Following a
complaint as to a particular property and upon notice to the permit holder, the
permit holder shall allow the Animal Control and/or Code Enforcement personnel to
enter onto his or her property to ensure compliance with the regulations, standards
and development criteria herein. The permit is also subject to the condition that, if
the pilot program is not extended then all perrni:ttees shall be required to remove all
hens from the prope1ty, and cease further keeping of said hens. ·
(C) Chicken coops and enclosed pens shall be .maintained in a clean and sanitary
condition at all times. Hens shall not be permitted to cteate a nuisance consisting of
odor, noise or pests, or contribute to any other nuisance condition. ·
(D) In a public health emergency declared by the D uval County Health
Department, including but not limited to an outbreak of Avian Flu or West Nile virus,
immediate conective action may be required, in accordance with applicable public
health regulations and procedures and in conjunction with Animal Control Services.
Section 4. Violations of the Ordinance: In the event that a violation of this Ordinance
occurs, the City shall have the right to pursue any one or more. of the following remedies or
actions:
(A)Institute a code enforcement action and prosecute as code violations against the
violator and the prope1ty owner of the real pmperty where the violation occurs, in
accordance with the City of Atlantic Beach's Code of Ordinances,
(B) Take any other action or remedy authorized by law or in equity, including but not
limited to, instituting an action in court to enjoin violations, in which case the violator
and property owner shall be jointly and severally liable to the City for reimbursement
of the City's attorneys' fees and costs concerning such action tbrough any appellate
action, if taken.
(C) Revoke the permit for the keeping of hens on the property.
Section 5. Severability: If any section, sentence, clause, phrase, or word of this
ordinanc.e is, for any reason, held or declared to be unconstitutional, inoperative or void, such
Ordinance 9 5-17-113 Page 4 o£5
AGENDA ITEM 7A
JANUARY 23, 2017
holding or invalidity shall not affect the remaining portions of tbis ordinance~ and it shall be
conshued to be the legislati-ve intent to pass this ordinance without such unconstitutional, invalid
or inoperative part therein. ·
Section6. Oversight Department: The .BW.Jding aad Zoning ConmltmityDevelopment
Department shall oversee the pilot program as described herein. This Department shall
coordinate with the Animal Control Division as to the evaluation report requil:ed by Section 2
herein and also with the Duval Couniy Agricultural Extension Office. ·
Section 7. Sunset: The provisions of Ordinance 95-17-113, providing for a pilot
program for backyard hen permits, shall sunset, be repealed, and be of no further effect as of
Jeauary 20 I 9, unless extended in subsequent legisla~on ..
Section 8. Effective Date. This ordinance shall become effective upon adoption at the
second and final reading. This ordinance shall not l;>e codified.
Section 9. Conflict. All ordinances, resoiutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with tbis
ordinance are repealed to the extent inconsistent herewith. ·
Passed by City Commission on first reading this __ day of ____ 2017.
Passed by the City Commission on second and final reading this_ day of
____ .2017.
ATTEST:
DONNA. L. BARTLE
City Clerk
Approved as to fmm and correctness:
BRENNAM. DURDEN
City Attomey
0Tdinance 95-17-113
CITY OF ATLANTIC BEACH, FLORIDA
MITCHELL E. REEVES, MAYOR
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