Item 8A- Draft Odinance for Pilot Program for Permitting Backyard HensORDINANCE# TO BE PROVIDED ON FIRST READING
AGENDA ITEM 8A
NOVEMBER 28, 2016
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
CREATING A PILOT PROGRAM FOR PERMITTING
BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS
SUBJECT TO AN ANNUAL FEE OF $50; LIMITING THE
NUMBER OF PERMITS ISSUED UNDER THE PILOT
PROGRAM TO 50; PROVIDING FOR EVALUATION AND
REPORTING OF THE PILOT PROGRAM BY THE CITY
COUNCIL 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 solitary animals, 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 establishes
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 legally adopted,
recorded restriction within any platted neighborhood.
Section 2. Creation, Limitation, Permits, Approvals and Fees under the Pilot Program.
The Commission hereby approves a pilot program for permitting backyard hens in certain residential
districts enumerated herein, upon meeting the performance standards and development criteria set forth
below in Section 3, and subject to the following conditions:
AGENDA ITEM SA
NOVEMBER 28, 2016
(A) The pilot program shall allow for the issuance of no more than 50 permits households
within the Atlantic Beach City Limits. Permits shall be for one year and issued on a first
come, first served basis and only upon the subject applicant meeting the standards and
development criteria set forth in Section 3.
(B) A $50 permit fee shall be required for each application or annual application renewal
approved.
(C) Within 60 days of the effective date of this ordinance, the Building and Zoning Department
shall create an application for a backyard hens permit and shall establish an administrative
procedure for issuing said permits, collecting the permit fees, ensuring that an application
meets the requirements for issuance of the backyard hens permit and for annual
inspections, and for maintaining a database. for tracking the households which receive
permits and renewal of permits
(D) The pilot program shall remain in place for two (2) years at which time it shall be
evaluated and extended or discontinued by action of the Council.
(E) Within eighteen (18) months from the effective date ofthis ordinance, the City Manager
shall evaluate and review the pilot program, with input from Animal Control and the
Building and Planning and Zoning Department, and shall issue a report as to the success of
the pilot program, complaints lodged and the welfare of thehens being kept within the
Atlantic Beach City limits.
Section 3. Backyard Hen 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 purpose of this pilot program, a hen (gallus domesticus) refers only to a female
chicken. Up to five (5) hens (gallus domesticus) shall be permitted in the back yard of a
single family home located in the RS-L, RS-1, RS-2, RG, and RG-M zoning districts. The
aforementioned land requirements are the gross area of premises harboring such hens and
include areas used by the resident for residential or other purposes, in addition to the
keeping of the hens, subject to the following standards and development criteria:
(i) Hens shall be kept within a coop or enclosure and will not be allowed to be free
roaming. A fenced or wired.in area, or 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, etc.
(ii) The coop shall be screened from the neighbor's view, using an opaque fence and/or
landscape screen or evergreen plantings.
(iii) Any Hen coop and/ or fenced enclosure shall be located in the rear yard of the
property unless the property is deemed to have double frontage. No coop, enclosure
or hens shall be allowed in any front or side yard (comer lots and through lots shall
be excluded from side setback restriction) unless as otherwise described above.
(iv) All coops will be required to obtain a building permit from the Building and Zoning
Department.
(v) The coop shall be covered and ventilated and a fenced enclosure/run is required that
AGENDA ITEM SA
NOVEMBER 28, 2016
is well drained so that there is no accumulation of moisture. The coop and enclosure
shall be completely secured from predators, including openings, ventilation holes,
doors and gates (fencing or roofing is required over the enclosure 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 free movement of chickens. The coop must be easily
accessible for cleaning and maintenance.
(vii) All stored feed shall be kept in a rodent and predator proof container.
(viii) Hens may not be kept on duplex, triplex or in multifamily properties.
(ix) No male chickens (roosters), ducks, geese, turkeys, peafowl, pheasants, quail or any
other poultry or foul may be kept under this pilot program.
(x) Hens shall be kept for personal use only. The selling of hens, eggs or manure or the
breeding of chickens for commercial purposes is prohibited.
(xi) Hens shall not be permitted to trespass on neighboring properties, be released or set
free and shall be kept within a coop and enclosure at all times.
(xii) Hen coops and enclosures shall be maintained in a clean and sanitary condition at all
times. Hens shall not be permitted to create a nuisance consisting of odor, noise or
pests, or contribute to any other nuisance condition.
(viii) No dog or cat that kills a hen shall, for that reason alone, be considered a dangerous
and/or aggressive animal.
(xiv) Hens that are no longer wanted by their owners shall not be taken to Animal Control,
nor shall the be released.
(xv) All residents wishing to acquire hens for use in residential, or that currently have
existing hens, must evidence the completion of a hen keeping seminar from the
Duval County Agricultural Extension Office .. Upon submission of a completed
application as determined by the Building .and Zoning Department, completion of the
seminar from the Duval County Agricultural Extension Office, and payment of the
$50 permit fee, the Building Department shall issue the permit.
(xvi) All hen coops or enclosures shall meet the setbacks for accessory structures pursuant
to Section 24-151 (b)(l)k. Storage and Tool Sheds oftheAtlantic Beach Land
Development Regulations except that chicken coops may not exceed 6 feet in height
and may not exceed 1 00 square feet.
(B) As a condition of the issuance of a permit, a permit holder consents to inspection of his or
her property upon complaint to the City 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 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 than all permits will
be required to remove all hens from the property, and cease further raising of said hens.
(C) Chicken coops and runs shall be maintained in a clean and sanitary condition at all times.
Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or
contribute to any other nuisance condition.
(D) In a public health emergency declared by the Duval County Health Department,
including but not limited to an outbreak of Avian Flu or West Nile virus, immediate
corrective action may be required, in accordance with applicable public health regulations
and procedures and in conjunction with Animal Control Services.
AGENDA ITEM SA
NOVEMBER 28, 2016
Section 4. Violations of the Ordinance: In the event that a violation of this Ordinance occurs,
the City shall have the right to one or more of the following remedies or actions:
(A) Institute a code enforcement proceeding and prosecute code violations against the violator
and the property owner of the real property where the violation occurs.
(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 violation actions, in which case the violating person
shall be liable to the City for reimbursement of the City's attorneys' fees and costs concerning
such action.
(C) Revoke the permit for the keeping ofhens on the property.
Section 5. Severability: If an section, sentence, clause, phrase, or word of this Ordinance is,
for any reason, held or declared to be unconstitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this Ordinance, and it shall be construed to be the legislative
intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein.
Section 6. Oversight Department: The Building and Zoning Department shall oversee the
pilot program as described herein. This Department shall coordinate with the Animal Control Division
as to the evaluation report required by Section 2 herein and also with the Duval County Agricultural
Extension Office.
Section 7. Sunset: The provisionsofOrdinance -__ ,providing for a pilot program for
backyard hen permits, shall sunset, be repealed, and be of no further effect on , unless
extended in subsequent legislation.
Section 8. Effective Date. This ordinance shall become effective upon adoption and second
and final reading.
Passed by City Commission on first reading this __ day of _____ 2016
Passed by the City Commission on second reading this_ day of _____ 2017
ATTEST:
DONNA. L. BARTLE
City Clerk
Approved for form and correctness:
BRENNA DURDEN
City Attorney
MITCHELL E. REEVES, MAYOR
.fE~x City of Atlantic Beach ·~JJ Temporary Ba ckyard
Chicken Application ~Tc ,/
The Temporary Backyard Chicken Pilot Program allows residents of
single family homes to keep chickens on developed single family
residential properties. All temporary permits will expire on February
28 , 2018. The City Commission may decide to extend , make
permanent, or cease the pilot program prior to this date.
Process : There are 50 permits available and they will be issued on a
first-come, first-serve basis. All applications will need to be complete
With all required attachments prior to being processed. Please ensure
that all documents in the submittal requirements list to the right are
included before submitting your application . Th e Ci ty will review the
application to make compliance determinations under Ordinance 16-
2092. Following issuance of the Temporary Backyard Chicken permit,
C ity staff will perform an inspection to ensure compliance.
App li cant
Name
Address
Phone/Fax
E-Mail
Ow"ner
Name
Address
Phone/Fax
E-Mail
Number of
chickens
(max allowed
4, hens on lv)
Name of
Homeowners'
Association
(HOA)
Fence type
and height
(fence must
be opaque)
Applicant Name (Pri nt) Signature
AGEN DA ITE M SA
NOV EMBER 28, 20 16
Permit Number (Comp leted By Staff)
Submitta l Req uirements
[ J Enclosure Plan
Provide a plan showing coop construction
materia ls and methods as well as anchoring
methods, such as tie-downs. Include verification
t hat the enclosure is constructed to be
impermeable to rodents and predators .
[] Proposed Site Plan (or Sketch): Show the
property lines, existing structures such as house,
sheds, p o o I s etc ., and the location of t h e
proposed structures. Include the distance from
the side and rear property line and primary
structure on adjacent lots. An aerial photograph
(using Google Maps or similar) may be utilized to
show the distances from neighboring primary
structures.
[ ] Fe nce Verificati on
Include a description of the proposed or existing
fence. New fences w ill require a fence per~it
through the Bui ld ing Division. Fences are required
to be opaque and 6ft. high.
[ ] Duva l County Agricu ltural
Extension Services Extension
Service Documentation
Include documentation of completion of a
Backyard Chicken Class through the
Extension Service. Contact Duval County
Extension Center at Phone: (904}255-7450 for
information on upcoming cl asses.
[ ] HOA Lett er
If you are part of a Homeowners' Association,
provide a letter from the HOA stating you are
able to have chickens at your home.
[]Permiss ion letter f rom pro perty owner.
If you rent a property you will need to provide
written perm ission from the property owner,
they will also be required to sign the affidavit.
[]Completed Affidavit
To ensure that the chicken coop and run will
be designed, constructed and operated to
the standar ds outlined in this Ordinance
[ ] Application fee: $50
Date
Requirem e nt {Refere nce Ord . Insert Number
Single family property (Yes/No)
Coop Height: No Taller Than 6Ft.
Total Size of Coop: Maximum 100 SF
Construction Materials and Anchoring Methods
Included with Application (Yes/No)
Chicken Coop Is Impermeable to Rodents , Wild
Birds , Predators, and Weather
(Plan Provided with Permit Application)
Space Per Chicken (Not less than 3 SF)
Fenced run (10 SF per chicken)
Location (minimum 5 ft . from the side and rear
lot line, at least 5 ft . from any primary structure
on an adjoining lot)
Opaque wall or fence (6 ft. high)
Affidav it
Appli cant Ve rif icat ion
AGENDA IT EM SA
NOVEMBER 28, 2016
City Verification
(SCPA)
By applying for a temporary permit, persons applying for such permit thereby (a) agree to the terms and conditions of
Ordinance Inse rt Number, (b) grant the City and its officers , employees and agents a right-of-entry upon the subject
property (including the rear yard) for inspection purposes to ensure compliance with this Ordinance prior to and after the
issuance of a temporary permit, (c) agree to remove chickens and chicken coops and enclosures upon the termination or
exp iration of a temporary permit and/or this Ordinance , and (d) hold the City and its officials, officers, employees and agents
harmless concerning matters re lating to or concerning the temporary permit and this Ordinance . The chicken coop and run
will be qesigned , constructed and operated to the standards outlined in this Ordinance . The drawings submitted as part
of the petition are a reasonably accurate rep resentation of the subject site features and adjacent properties .
Applicant Name (Pri nt) -----------Signature ---------------Date ----
Owner Name (If