Item 8B - Hen Permits1
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Amended & Enacted 6/23/15
Introduced by Council Member Carter and Co-Sponsored by Council
Member Redman and amended on the floor of Council:
ORDINANCE 2015-337-E
AN ORDINANCE AMENDING CHAPTER 656 (ZONING
CODE) , ORDINANCE CODE; CREATING A NEW SECTION
656.422, TO ESTABLISH A PERMANENT PROCESS FOR
PERMITTING BACKYARD HENS IN CERTAIN
RESIDENTIAL DISTRICTS SUBJECT TO A ONE TIME
FEE OF $25; PROVIDING FOR SUNSETTING OF PILOT
PROGRAM; PROVIDING THAT EXISTING PERMITS UNDER
THE PILOT PROGRAM REMAIN VALID; PROVIDING FOR
SEVERABILITY; PROVIDING FOR OVERSIGHT BY THE
PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING
EXEMPTION FOR IDENTIFIED NEIGHBORHOODS;
PROVIDING OPT-IN PROCESS FOR EXEMPT
NEIGHBORHOODS; PROVIDING OPT-OUT PROCESS FOR
NON-EXEMPT NEIGHBORHOODS; PROVIDING AN
EFFECTIVE DATE.
21 WHEREAS, the concept of local sustainabili ty has inspired an
22 interest in backyard and community food production to provide local
23 food sources, a concept that is congruent with the City's
24 encouragement of community gardens in paragraph 6.3.8 of the City's
25 Future Land Use Element of its 2030 Comprehensive Plan; and
26 WHEREAS, currently the Zoning Code allows the keeping of
27 chickens only in its low density/rural Agricultural and Rural
28 Residential-Acre Zoning Districts, but not in the urban
29 environment; and
30 WHEREAS, many communities in Florida and throughout the United
31 States have been exploring and implementing performance standards
Amended 6/23/15
1 that compatibly integrate the keeping of backyard chickens into
2 their urban residential settings; and
3 WHEREAS, chickens are social not solitary animals, can make
4 good pets, and findings indicate that five (5) are sufficient to
5 meet the needs of the average family's egg consumption; and
6 WHEREAS, residents of the City living in residentially zoned
7 areas that are not allowed to keep chickens have indicated a desire
8 to do so, asking that special attention be initiated as to how
9 chickens can be successfully and lawfully integrated into their
10 residential environments; and
11 WHEREAS, the City enacted a two-year pilot program under
12 Ordinance 2013-415-E to determine the need for and public support
13 of a permanent backyard hen program; and
14 WHEREAS, the Municipal Code Compliance Division, in
15 conjunction with Animal Care and Control, issued an evaluation and
16 review report of the pilot program pursuant to Ordinance 2013-415-E
17 and found no adverse complaints resulting from legally permitted
18 backyard hens; and
19 WHEREAS, the findings and recommendations of the City's
20 Planning Commission and its City Council have been considered; now
21 therefore
22 BE IT ORDAINED by the Council of the City of Jacksonville:
23 Section 1. Purpose and Intent. The purpose of this
24 ordinance is to create a program to permit backyard hens in certain
25 residential zoning districts in which they are currently not
26 permitted. This ordinance shall not change the rights granted to
27 properties located in the Agriculture and Rural Residential-Acre
28 zoning districts pursuant to Section 656.401(A) (3), Ordinance Code.
29 This ordinance establishes criteria and limitations so as to avoid
30 adverse impacts on neighboring properties and residents, and to
31 provide for the health and safety of the chickens. Nothing herein
2
Amended 6/23/15
1 shall supersede any legally adopted, recorded restriction within
2 any platted neighborhood.
3 Section 2. Creating a new Section 656.422 (Backyard hens
4 in certain residential zoning districts), Ordinance Code, amended.
5 Section 656.422 (Backyard hens in certain residential zoning
6 districts), Subpart B (Miscellaneous Regulations), Part 4
7 (Supplementary Regulations), Chapter 656 (Zoning Code), Ordinance
8 Code, is hereby amended to read as follows:
9 CHAPTER 656
10 ZONING CODE
11 * * *
12
13
14
PART 4. SUPPLEMENTARY REGULATIONS
SUBPART A. PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA
* * *
15 Sec. 656.422. Chickens allowed by permit in certain zoning
16 districts .
17 (a) For the purpose of this section, a chicken (Gallus
18 domesticus) refers only to a female chicken. Chickens, also
19 referred to herein as "Backyard hens," are allowed in conjunction
20 with a single family dwelling as defined in Part 16 of the Zoning
21 Code, by permit and subject to the performance standards and
22 development criteria set forth herein.
23 (b) A permit is required to ensure compliance with
24 performance standards and development criteria. The application for
25 permit must be submitted to the Planning and Development Department
26 prior to placement of any chickens on the property. A one-time
27 non-refundable $25 permit fee shall be required at the time of
28 application. Prior to permit application, all residents wishing to
29 have backyard hens must evidence the completion of a chicken
30 keeping seminar from the Duval County Agricultural Extension
31 Office. Upon submission of a completed application as determined by
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Amended 6/23/15
1 the Planning and Development Department, completion of the seminar,
2 and payment of the $25 permit fee, the Planning and Development
3 Department shall issue the permit. If applicant has prior attended
4 the chicken keeping seminar, applicant shall submit the permit
5 application with fee, along with proof that applicant has completed
6 the chicken keeping seminar at the Duval County Agricultural
7 Extension Office.
8 (c) Up to five (5) chickens may be permitted on each
9 residential lot. If the lot is larger than one (1) acre, five (5)
10 additional chickens may be permitted per each additional 21,780
11 square feet over one (1) acre. The aforementioned land
12 requirements are the gross area of the premises harboring such
13 chickens and include areas used by the resident for residential or
14 other purposes, in addition to the keeping of the chickens, subject
15 to the following performance standards and development criteria:
16 ( 1) . Chickens shall be kept within a coop or enclosure
17 (a fenced or wired in area, or pen, required in conjunction
18 with a coop to provide an outside exercise area for chickens
19 free from predators and of a size that allows access to a
20 foraging area, sunlight, etc.) at all times. A coop is herein
21 defined as a covered house, structure or room that will
22 provide chickens with shelter from weather and with a roosting
23 area protected from predators.
24 (2). The coop shall be screened from the neighbors' view,
25 using an opaque fence and/or landscape screen.
26 (3). Any chicken coop and fenced enclosure shall be
27 located in the rear yard of the property, unless the property
28 is deemed to have double frontage on a navigable waterway. No
29 coop, enclosure or chickens shall be allowed in any front or
30 side yard (corner lots and through lots shall be excluded from
31 side setback restriction) unless as otherwise described above.
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Amended 6/23/15
1 (4). If the coop exceeds 100 square feet in size (10 foot
2 by 10 foot) , a building permit must be obtained from the
3 City's Planning and Development Department.
4 ( 5) . The coop shall be covered and ventilated, and a
5 fenced enclosure/run is required that is well drained so that
6 there is no accumulation of moisture. The coop and enclosure
7 shall be completely secured from predators, including
8 openings, ventilation holes, doors and gates (fencing or
9 roofing is required over the enclosure ln addition to the
10 coop).
11 ( 6) The coop shall provide a minimum of three (3) square
12 feet per chicken and be of sufficient size to afford free
13 movement of the chickens. The coop may not be taller than six
14 ( 6) feet measured from the natural grade, and must be easily
15 accessible for cleaning and maintenance.
16 (7). All stored feed shall be kept in a rodent and
17 predator proof container.
18 (8). Chickens may not be kept on duplex, triplex or ln
19 multifamily properties. Chickens are allowed in manufactured
20 home subdivisions but are not allowed within mobile home/
21 manufactured home or recreational vehicle home parks or rental
22 communities.
23 ( 9) No male chickens/roosters, ducks, geese, turkeys,
24 peafowl, pheasants, quail or any other poultry or fowl may be
25 kept under this program.
26 (10). The slaughtering of chickens on the premises is
27 strictly prohibited and therefore not allowed.
28 (11). Chickens shall be kept for personal use only. The
29 selling of chickens, eggs or chicken manure, or the breeding
30 of chickens for commercial purposes is prohibited.
31 ( 12) . Chickens shall not be permitted to trespass on
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1 neighboring properties, be released or set free and shall be
2 kept within a coop and enclosure at all times.
3 (13). Chicken coops and enclosures shall be maintained in
4 a clean and sanitary condition at all times. Chickens shall
5 not be permitted to create a nuisance consisting of odor,
6 noise or pests, or contribute to any other nuisance condition.
7 ( 14) . All chicken coops or enclosures shall meet the
8 setbacks for accessory structures pursuant to Section 656.403
9 of the Zoning Code.
10 (d) No dog or cat that kills a chicken shall, for that reason
11 alone, be considered a dangerous and/or aggressive animal.
12 (e) Chickens that are no longer wanted by their owners shall
13 not be taken to Animal Care and Protective Services, nor shall they
14 be released. Said chickens shall be taken to certain pre-identified
15 locations, such as Standard Feed that will accept and place any and
16 all unwanted chickens. Animal Care and Protective Services shall
17 maintain a list of approved locations for the owner surrender of
18 chickens.
19 (f) As a condition of the issuance of a permit, a permit
20 holder consents to inspection of his or her property upon complaint
21 to the City as related to backyard hens. Following a complaint as
22 to a particular property and upon notice to the permit holder, the
23 permit holder shall allow the Municipal Code Compliance Division to
24 enter onto his or her property during a scheduled visit to ensure
25 compliance with the regulations, performance standards and
26 development criteria herein.
27 (g) This section shall not change the rights granted to
28 properties located in the Agriculture and Rural Residential-Acre
29 zoning districts pursuant to Section 656.401(A) (3), Ordinance Code.
30 (h) This section does not supersede any legally adopted,
31 recorded restriction within any platted neighborhood.
6
Amended 6/23/15
1 * * *
2 Section 3. Sunsetting the Pilot Program. The provisions
3 of Ordinance 2013-415-E, providing for a pilot program for backyard
4 hen permits, shall sunset, be repealed, and be of no further effect
5 on July 1, 2015.
6 Section 4. Existing Pilot Program Permits Valid.
7 Existing permits issued pursuant to the Pilot Program set forth in
8 Ordinance 2013-415-E, which are active and in compliance with 'the
9 provisions set forth in Section 2 herein on the Effective Date or
10 this Ordinance shall be administratively converted by the Planning
11 Department to the permit authorized herein and shall require no
12 additional fee or certification.
13 Section 5. Providing Exemption for Identified
14 Neighborhoods. The single-family residential neighborhoods
15 identified on attached Revised Exhibit 1 shall be exempt from the
16 allowance of chickens as contemplated in this ordinance. All other
17 applicable laws remain in full force and effect with regard to
18 animal control and code enforcement matters in the neighborhoods so
19 identified.
20 Section 6. Providing Opt-in Process for Exempt
21 Neighborhoods. For those neighborhoods identified in Section 5
22 above as exempt, there shall be a process to opt-in to the
23 provisions of Section 656.422, Ordinance Code, to allow chickens on
24 single-family properties in those neighborhoods; provided however,
25 in order for a particular identified neighborhood (as defined in
26 Revised Exhibit 1} to opt-in, at least fifty percent (50%} plus one
27 of the property owners must demonstrate their support in writing to
28 opt-in, or alternatively, if the neighborhood elects a homeowners
29 association board, the homeowners association board may, by a
30 majority vote, approve the opt-in for that particular neighborhood.
31 Property owners interested in the opt-in process may obtain an opt-
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Amended 6/23/15
1 in form from the Planning and Development Department. In order to
2 opt-in, signatures of property owners representing fifty percent
3 (50%) plus one of the property owners (only one property owner per
4 lot shall be counted in deriving the 50% plus one threshold) will
5 be the minimum to include the neighborhood. Alternatively, proof of
6 homeowners' association resolution or action in support of the
7 request to opt-in may be submitted instead of the opt-in signature
8 form. Upon verification and completeness of the form, or
9 verification of the homeowners' association opt-in resolution or
10 action, the Planning and Development Department will certify that
11 the neighborhood has opted-in and will directly notify the
12 Municipal Code and Compliance Division for enforcement purposes.
13 Section 7. Providing Opt-out Process for Non-exempt
14 Neighborhoods. For neighborhoods not identified in the exempt
15 neighborhoods in Section 5, there shall be a process to opt-out of
16 the provisions of Section 656.422, Ordinance Code, so that chickens
17 are not allowed on single-family properties in those neighborhoods;
18 provided however, in order for a particular identified neighborhood
19 to opt-out, at least fifty percent (50%) plus one of the property
20 owners must demonstrate their support in writing to opt-out, or
21 alternatively, if the neighborhood elects a homeowners association
22 board, the homeowners association board may, by a majority vote,
23 approve the opt-out for that particular neighborhood. Property
24 owners interested in the opt-out process may obtain an opt-out form
25 from the Planning and Development Department. In order to opt-out,
26 signatures of property owners representing fifty percent (50%) plus
27 one of the property owners (only one property owner per lot shall
28 be counted in deriving the 50% plus one threshold) will be the
29 minimum to exclude the neighborhood. Alternatively, proof of
30 homeowners' association resolution or action in support of the
31 request to opt-out may be submitted instead of the opt-out form.
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Amended 6/23/15
1 Upon verification and completeness of the form, or verification of
2 the homeowners' association opt-out resolution or action, the
3 Planning and Development Department will certify that the
4 neighborhood has opted-out and will directly notify the Municipal
5 Code and Compliance Division for enforcement purposes. For purposes
6 of this provision the boundaries of a "neighborhood" shall be
7 defined by the subdivision plat of the neighborhood as recorded in
8 the public records of Duval County.
9 Section 8. Planning and Development Department to
10 Administer Program and Provide Forms for Permitting and Opt-in and
11 Opt-out. The Planning and Development Department shall oversee and
12 administer the permit program described herein. In addition, the
13 Planning and Development Department shall prepare application forms
14 and opt-in and opt-out forms discussed above, with the assistance
15 of the Office of General Counsel. The Planning and Development
16 Department shall coordinate with the Parks, Recreation and
17 Community Services Department insofar as the Parks, Recreation and
18 Community Services Department oversees the Duval County
19 Agricultural Extension Office.
20 Section 9. Severability. If any section, sentence,
21 clause, phrase, or word of this Ordinance is, for any reason, held
22 or declared to be unconstitutional, inoperative or void, such
23 holding or invalidity shall not affect the remaining portions of
24 this Ordinance, and it shall be construed to be the legislative
25 intent to pass this Ordinance without such unconstitutional,
26 invalid or inoperative part therein.
27 Section 10. Effective Date. This Ordinance shall become
28 effective upon signature by the Mayor or upon becoming effective
29 without the Mayor's signature.
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31
9
Amended 6/23/15
1 Form Approved:
2
3 /s/ Paige Hobbs Johnston
4 Office of General Counsel
5 Legislation Prepared By: Paige Hobbs Johnston
6 G:\SHARED\LEGIS.CC\2015\0rd\2015-337-E.doc
10
APPLICATION FOR BACKYARD HENS
AGENDA ITEM# SB
FEBRUARY 22, 2016
PLEASE PROVIDE ALL REQUESTED INFORMATION AND SUBMIT BY MAIL OR IN PERSON TO
THE CURRENT PLANNING DIVISION AT THE ED BALL BUILDING (214 HOGAN ST. NORTH, 3rd
FLOOR, JACKSONVILLE, FL 32202) WITH A $25.00 CHECK PAYABLE TO THE (TAX COLLECTOR).
FOR FURTHER INFORMATION, PLEASE PRONE: 904-255-7865
DATE: __________________________ ___
Applicant Information
Applicant Name:----------------------------------
Property Address: _________________________________ _
City:-------State: ___ _ Zip Code: ____ Real Estate Number: ______ _
Mailing Address (if different):------------------------------
Telephone Number:----------------Fax:---------------
~Mail Address: _________________________________ ___
Land Area (Acres): ____ Number of hens sought: _____ Zoning District:-------
Date ofReguired Agriculture Extension Office Seminar:-------------------
DISCOSURE STATEMENT
I HEREBY ACKNOWLEDGE THAT I ACCEPT THE FOLLOWING TERMS AND CONDITIONS:
1. Chickens shall be kept in a coop or enclosure at all times.
2. The coop shall be screened from view from the neighboring property by an opaque fence or visual barrier.
3. Coops shall be located in the back yard except in the case of through lots.
4. Chickens and coops are not permitted in front or side yards except as provided in the Zoning Code.
5. Coops greater than 100 square feet in size require a building permit.
6. Coops shall be covered and ventilated, and also secured from predators.
7. Coops shall provide a minimum of3 square feet per chicken and be large enough to provide free
movement.
8. The maximum height of a coop is 6 feet.
9. All stored feed shall be kept in a rodent and predator proof container.
I 0. Chickens are prohibited on duplex, triplex, or other multi-family properties.
II. Chickens are prohibited in mobile home/manufactured home parks, RV parks, or rental communities.
12. Male chickens/roosters are prohibited.
13. Slaughtering of chickens is prohibited.
14. Chickens shall be kept for personal use only. Breeding or selling chickens for commercial purposes is
prohibited.
15. The selling of chickens, eggs, or manure from the property is prohibited.
16. Chickens shall not be allowed to trespass on neighboring properties.
17. Coops and enclosures shall be maintained in a clean and sanitary condition at all times.
18. A dog or cat that kills a chicken shall not, for that reason alone, be considered a dangerous or aggressive
animal.
19. Unwanted chickens shall not be released or taken to Animal Care and Protective Services.
20. Unwanted chickens shall be taken to preapproved locations as determined by Animal Care and Protective
Services.
21. Coops and enclosures shall meet the zoning setback requirements for accessory structures.
Rev. 07/07/15
AGENDA ITEM# 8B
FEBRUARY 22, 2016
22. The pennit holder consents to inspection of their property upon complaint related to backyard hens. The
Municipal Code Compliance Division shall be allowed to enter onto the property during a scheduled visit
to ensure compliance with the applicable regulations, performance standards, and development criteria.
CERTIFICATION: I CERTIFY THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE. I HEREBY UNDERSTAND THAT THE ISSUANCE
OF A PERMIT FOR BACKYARD HENS DOES NOT SUPERCEDE PRIVATE DEED RESTRICTIONS
AND/OR HOMEOWNER ASSOCIATION COVENANTS. FURTHER, I HEREBY GRANT PERMISSION
FOR THE CITY OF JACKSONVILLE TO ENTER THE PROPERTY LISTED ABOVE FOR THE
PURPOSE OF INSPECTING FOR COMPLIANCE.
PRINT NAME SIGNATURE
PLANNING AND DEVELOPMENT DEPARTMENT USE ONLY
PERMIT# ______ DATE: _____ APPROVE/DENY: ___ _
REVIEVVEDBY: ___________________________ __
CO~NTS _______________________ __
General sketch of property layout, chicken coop, and enclosure
Rev. 07/07/15
Neptune Beach Summary:
AGENDA ITEM# 8B
FEBRUARY 22, 2016
ORDINANCE NO. 2016-:XX, PERMITTING BACKYARD HENS IN CERTAIN
RESIDENTIAL DISTRICTS: AN ORDINANCE OF THE CITY OF NEPTUNE BEACH,
FLORIDA
CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN
RESIDENTIAL DISTRICTS SUBJECT TO A ONE TIME FEE OF $25; LIMITING THE
NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 25; PROVIDING
FOR A SUNSETTING OF THE PILOT PROGRAM AFTER TWO YEARS; PROVIDING
FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM BY THE CITY
COUNCIL AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.