Amended Item 7B AMENDED AGENDA ITEM 76
DECEMBER 12,2016
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: FIRST READING OF ORDINANCE TITLED, "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 TO THE CITY COMMISSION AFTER EIGHTEEN MONTHS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE"
SUBMITTED BY: Andrew DeCandis, AICP, Planning Director
DATE: December 12, 2016
BACKGROUND: Attached is an ordinance developed by staff to create a two year pilot
program to allow City property owners residing in single family residences to raise hens for egg
production. The program would initially allow up to 50 residents to raise up to five hens each on
their property. After taking a poultry keeping seminar from the Duval County Agricultural
Extension Office, property owners can apply for a permit to raise hens at a cost of$50. The
fee would contribute to the cost of the initial inspection of the poultry facilities.
The perinit holder would need to construct a coop. Setbacks for the coop would be consistent
with the City's storage and tool shed requirements. The initial inspection and permit would be
issued through the Code Enforcement Department.
At the end of 18 months the pilot project will be evaluated by planning staff and a
recommendation would be made to City Commission on whether to extend the program by
making it part of the City's Code or Ordinances or terminate the program.
RECOMENDATION: City Commission should approve the ordinance on first reading so staff
may implement the hen keeping pilot project.
BUDGET: No Impact
ATTACHEMENTS: Copy of a draft Ordinance implementing pilot project.
Application for Participation in the Pilot Program.
•
REVIEWED BY CITY MANAGER: (• 4-0
AMENDED AGENDA ITEM 7B
DECEMBER 12,2016
ORDINANCE#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 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 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, perfouu 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 a
temporary 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 effective,recorded deed restriction
prohibiting backyard hens on property located within the City.
00734424-2
AMENDED AGENDA ITEM 7B
DECEMBER 12,2016
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:
(A) The pilot program shall allow for the issuance of no more than 50 pelinits 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 from the date of adoption 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 peuuit 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 from the date of adoption of this
ordinance at which time it shall be extended or discontinued by action of the Commission.
(E) Within eighteen (18) months from the date of adoption 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 to the City
Commission 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) may be permitted in the rear yard of only
single family dwellings located in the RS-L, RS-1, RS-2, RG, and RG-M zoning districts,
subject to the following standards and development criteria:
(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 exercise.
(ii) The coop and enclosed pen shall be screened when viewed from neighbor's house,
using an 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 area.
00734424-2
AMENDED AGENDA ITEM 7B
DECEMBER 12,2016
(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 and 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, ventilation 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 free movement of the hens. The enclosed pens shall provide
a minimum of ten (10) square feet per hen. The coop and enclosed pen 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 properties developed with 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 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 enclosed pen at all times.
(xii) Hen coops and enclosed pens 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 a permit 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 homeowners association
allowing the keeping of hens and payment of the$50 permit fee, and following an
inspection by Code Enforcement, the City shall issue the permit.
(xvii)All hen coops and enclosed pens 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 and enclosed pens shall
not exceed six (6) feet in height and may not exceed one hundred (100) 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 property upon application for a permit and upon complaint to the City, 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
00734424-2
AMENDED AGENDA ITEM 7B
DECEMBER 12,2016
permitees shall be required to remove all hens from the property, 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 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.
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 property owner of the real property 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 through 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 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 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 January ,2019,
unless extended in subsequent legislation.
Section 8. Effective Date. This ordinance shall become effective upon adoption at the second
and final reading. This ordinance shall not be codified.
00734424-2
AMENDED AGENDA ITEM 7B
DECEMBER 12,2016
Section 9. Conflict. All ordinances,resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this ordinance are
repealed to the extent inconsistent herewith.
Passed by City Commission on first reading this day of 2016.
Passed by the City Commission on second and final reading this day of 2017.
CITY OF ATLANTIC BEACH, FLORIDA
MITCHELL E. REEVES, MAYOR
ATTEST:
DONNA. L. BARTLE
City Clerk
Approved as to form and correctness:
BRENNA M. DURDEN
City Attorney
00734424-2
Permit Number(Completed B AMENDED AGENDA ITEM 7B
DECEMBER 12,2016
City of Atlantic Beach .
1�, - A Submittal Requirements
Temporary Backyard
Chicken A
., ��_�'�. [ ] Enclosure Plan
lication - �
pp Provide a plan showing coop and enclosed pen
The Temporary Backyard Chicken Pilot Program allows residents of construction materials and methods as well as
certain single family homes to keep chickens on developed single anchoring methods, such as tie-downs. Include
family residential properties. All temporary permits will expire i n verification that the structures are constructed to
January 2019. The City Commission may decide to extend, make be impermeable to rodents and predators.
permanent, 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, first-serve basis. All applications will need to be complete sheds, pools 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 95- (using Google Maps or similar) may be utilized to
17-113. show the distances from neighboring primary
structures.
Applicant [ ] Fence/Screening
Verification
Name Include a description of the proposed or existing
fence or other screening from view of any
Address neighbor's house. New fences will require a fence
permit through the Building Division.
Phone/Fax
[ ] Duval County Agricultural
E-Mail Extension Services Extension
Service Documentation
Owner Include documentation of completion of a
Backyard Chicken Class through t h e
Name Extension Service. Contact Duval County
Extension Center at Phone: (904)255-7450 for
Address information on upcoming classes.
[ ] HOA Letter
Phone/Fax If you are part of a Homeowners' Association,
provide a letter from the HOA stating you are
E-Mail able to have hens at your home.
Number of [ ] Permission letter from property owner.
chickens If you rent a property you will need to provide
(max allowed notarized authorization from the property owner,
5, hens only) they will also be required to sign the affidavit.
Name of
Homeowners' [ ] Completed Affidavit
Association To ensure that the chicken coop and enclosed pen
(HOA) will be designed, constructed and operated to
Fence/ the standards outlined in Ordinance 95-17-113.
screening type
and height
(must be [ ] Application fee: $50
opaque)
Applicant Name(Print) Signature Date
00734695-1
AMENDED AGENDA ITEM 7B
DECEMBER 12,2016
Requirement(Reference Ord. 95-17-113 Applicant Verification City Verification
Single family dwelling(Yes/No) (SCPA)
Coop/Enclosed Pen Height: No Taller Than 6 Ft.
Total Size of Coop and Enclosed Pen: Maximum
100 SF
Construction Materials and Anchoring Methods
Included with Application(Yes/No)
Coop and Enclosed Pen are Impermeable to
Rodents,Wild Birds, Predators, and Weather
(Plan Provided with Permit Application)
Space Per Hen—Coop(Not less than 3 SF)
Space Per Hen—Enclosed Pen (Not less than 10
SF Der chicken)
Location(in Rear Yards Only; 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)
Affidavit
By applying for a temporary permit, persons applying for such permit hereby (a) agree to the terms and conditions of
Ordinance 95-17-113 ("this Ordinance"), (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 hens and coops and enclosed pens upon the termination or
expiration of a temporary permit and/or this Ordinance, and (d) hold the City and its officials, officers, employees and agents
harmless concerning matters relating to or concerning hens, the temporary permit and this Ordinance. The chicken coop
and enclosed pen will be designed, constructed and operated to the standards outlined in this Ordinance. The drawings
submitted as part of the application are a reasonably accurate representation of the subject site features and adjacent
properties.
Applicant Name(Print) Signature
STATE OF FLORIDA
COUNTY OF DUVAL
Sworn to and subscribed before me this day of ,20 by Applicant, ,who is[ ]personally
known to me or[ ]has produced a driver's license as identification.
[SEAL] NOTARY PUBLIC,State of Florida
My Commission expires:
Owner Name(If different from Applicant)(Print) Signature
STATE OF FLORIDA
COUNTY OF DUVAL
Sworn to and subscribed before me this day of ,20 by Owner, ,who is[ ]personally
known to me or[ ]has produced a driver's license as identification.
[SEAL] NOTARY PUBLIC,State of Florida
My Commission expires:
00734695-1