Item 7B- Ordinance 95-17-113- Backyard HensORDINANCE NO 95-17-113
AGENDA ITEM 78
DECEMBER 12, 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 provides for an
exception to Section 4-7(a) of the Atlantic Beach Code of Ordinances so as to allow for the creation of
a pilot program for the keeping of backyard hens, and 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 78
DECEMBER 12, 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.
(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 of this 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 the hens 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 when viewed from neighbor's house, 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 shall be required to be anchored in such a way so as to prevent them from
becoming air born during a wind event.
(v) The coop shall be covered and ventilated and a fenced enclosure/run is required that
AGENDA ITEM 78
DECEMBER 12, 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 they be released.
(xv) All residents wishing to acquire hens, or that currently have existing hens, must
evidence the completion of a hen keeping seminar from the Duval County
Agricultural Extension Office.
(xvi) 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, where applicable have a letter from their home owners association
allowing the keeping ofhens and payment of the $50 permit fee, and following an
inspection by Code Enforcement, the City shall issue the permit.
(xvii)All hen coops or enclosures shall meet the setbacks for accessory structures pursuant
to Section 24-151 (b)( 1 )k. Storage and Tool Sheds of the Atlantic Beach Land
Development Regulations except that chicken coops may not exceed 6 feet in height
and may not exceed 100 square feet.
(B) As a condition of the issuance of a permit, a permit holder consents to inspection of his or
her property upon application for a permit and 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,
Permit Number (Complete< AGENDA ITEM 78
City of Atlantic Beach •
DECEMBER 12, 2016
Temporary Backyard Submittal Requirements
Chicken Application [ ] Enclosure Plan ~1 :!~ Provide a plan showing coop construction
The Temporary Backyard Chicken Pilot Program allows residents of materials and methods as well as anchoring
single family homes to keep chickens on developed single family methods, such as tie-downs. Include verification
residential properties. All temporary perm its will expire on J an u a r y that the enclosure is constructed to be
2019. The City Commission may decide to extend, make permanent , impermeable to rodents and predators.
or cease the pilot program prior to this date .
[] Proposed Site Plan (or Sketch): Show the
Process: There are 50 permits available and they will be issued on a property lines, existing structures such as house,
first-come, f irst-serve basis . All applications will need to be complete sheds, p o o Is etc., and the location of the
with all required attachments prior to being processed . Please ensure proposed structures. Include the distance from
that all documents in the submittal requirements list to the right are the side and rear property line and primary
included before submitting your application . The City will review the structure on adjacent lots. An aerial photograph
application to make compliance determinations under Ordinance 16 -(using Google Maps or similar) may be utilized to
2092. Following issuance of the Temporary Backyard Chicken permit, show the distances from neighboring primary
City staff will perform an inspection to ensure compliance. structures.
[ ] Fence Verification Applicant Include a description of the proposed or existing Name fence or other screening from view of neighbor's
Address house. New fences will require a fence permit
through the Building Division.
Phone/Fax [ ] Duval County Agricultural
Extension Services Extension
E-Mail Service Documentation
Include documentation of completion of a
Owner Backyard Chicken Class through the
Extension Service. Contact Duval County
Name Extension Center at Phone: (904)255 -7450 for
information on upcoming classes.
Address
[ ] HOA Letter
If you are part of a Homeowners' Association,
Phone/ Fax provide a letter from the HOA stating you are
able to have chickens at your home.
E-Mail
[]Permission letter from property owner.
Number of If you rent a property you will need to provide
chickens written permission from the property owner,
(max allowed they will also be required to sign the affidavit.
4, hens only)
Name of []Completed Affidavit
Homeowners ' To ensure that the chicken coop and run will Association
(HOA) be designed, constructed and operated to
Fence type the standards outlined in this Ordinance
and height
[ ] Application fee: $50 (fence must
be opaque)
Applicant Name (Print) Signature Date