§ 10-20. Urban chickens.
(a)
The intent of this section is to regulate the keeping of up to five chickens per household by no more than 30 households, on owner-occupied single-family properties, subject to the terms and conditions of this section.
(b)
Section 10-12 shall not apply to permitted activities under section 10-20 relating to urban chickens.
(c)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Chicken. A domesticated fowl of the gallus genus. This term shall include only the female chicken (hen), and shall exclude the male chicken (rooster).
Chicken coop. The house or cage in which a chicken lives. Inside coops are often nest boxes for egg-laying and perches on which the birds can sleep.
Chicken pen. The outside area around a coop. An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed predator-safe environment.
Chicken tractor. A movable chicken coop lacking a floor. Chicken tractors may be a lightly built A-frame which one person can drag about the yard. It may have wheels on one or both ends to make this easier.
(d)
Urban chicken permit regulations. It shall be unlawful to keep, harbor, raise or maintain chickens without an urban chicken permit. An urban chicken permit shall not be required for keeping chickens in the agricultural (A), flood plain-conservative (F-C), or agricultural preservation (AP) zoning districts. Urban chicken permits shall include the following conditions and restrictions:
(1)
No more than five chickens may be kept on a single-family detached residential lot.
(2)
An urban chicken permit shall only be issued for a lot with an existing single-family detached residence that is owner-occupied.
(3)
Ducks, geese, turkeys, peafowl, pigeons, roosters or any other poultry or fowl are not permitted under the provisions of this section.
(4)
Chickens and associated activities shall be kept for personal use only. Selling chickens, eggs, feathers, or chicken manure, or the breeding of chickens is prohibited.
(5)
Chickens shall not be slaughtered on premises.
(6)
The coop, pen and enclosure shall be located behind the single-family residence in the rear yard and shall be screened from all adjacent properties and rights-of-way with a six-foot-tall opaque fence. Chicken tractors shall not be permitted.
(7)
The coop, pen, and enclosure shall comply with the standard setbacks for a shed set forth in chapter 16, section 3 of the land development code.
(8)
Chicken coops shall provide a minimum of four square feet per chicken to permit free movement of the chickens, shall not exceed 50 square feet, and may have an attached run. The coop shall be tied down for wind resistance. The coop and enclosure shall not be taller than six feet, measured from the natural grade, shall be at least six inches lower than the fence to provide full screening, and shall be easily accessible for cleaning and maintenance.
(9)
The coop, pen and enclosure shall be completely secured from predators, including all openings, ventilation holes, doors and gates. Fencing or roofing is required over the enclosure in addition to the coop, in order to protect the chickens from predators.
(10)
All feed and other items associated with the keeping of chickens that can attract or to become infested with rodents or other pests shall be kept in a rodent and pest-proof container.
(11)
Chickens shall be secured within a covered chicken coop or fenced pen/run area at all times and shall not be permitted to run at large.
(12)
Chicken coops, pens, and enclosures shall be cleaned regularly and 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, as defined in the Code or State Law.
(e)
Procedures for the granting of urban chicken permits. Application for urban chicken permit shall be submitted to the community development department. Such submittal shall include the application form as provided by the city, together with all documents required under this section.
(1)
No more than 30 urban chicken permits shall be active citywide. Permits shall be issued on a first-come, first-served basis. Once the city has issued the initial 30 urban chicken permits, approved applicants shall be placed on a waiting list. If a participant chooses to no longer keep chickens, he/she shall provide notice to the city. The city is then authorized to issue a permit to the next qualified applicant on the waiting list. If a permit holder is removed from the approved chicken permit list due to one or more violations of this section, the city shall be authorized to issue a permit to the next qualified applicant on the waiting list.
(2)
An urban chicken permit shall not be issued for a property with an outstanding code enforcement case or any city imposed liens on said property.
(3)
The urban chicken permit is personal to the permittee and shall not be assigned.
(4)
An applicant for a permit shall demonstrate compliance with the criteria in this section in order to obtain a permit. Applicants shall submit photos of the proposed site of the coop/run areas, a survey of the subject property showing the location, and proof of successful completion of a University of Florida Agricultural Extension Service class regarding the keeping of chickens or an equivalent class approved by the administrative official.
(5)
The urban chicken permit applicant shall sign a statement acknowledging that the urban chicken permit may be revoked for any violation of this section, and may be revoked if this section is amended in the future, and the city shall not be held responsible or liable for any losses, including the costs of improvements constructed for the keeping of chickens, to the applicant if such chicken permit is revoked.
(6)
If any condition or restriction of the urban chicken permit has been violated, the city may revoke the permit upon seven days' written notice. If the violation is cured within the seven-day notice period, the permit shall not be revoked; however, a repeat offense may result in the city's immediate revocation of the permit. The city is responsible for the determination of compliance with the requirements of this section. In matters of interpretation, the administrative official has the authority to determine compliance with this section.
(f)
Appeal. A person aggrieved by a decision of the administrative official in the issuance, denial or revocation of an urban chicken permit may appeal to the city manager in writing within five business days of the administrative official's written decision by filing an appeal with the city clerk. Said appeal shall state fully the grounds for the appeal and all facts relied upon by the appellant. A person aggrieved by a decision of the city manager may appeal to the city council within five business days of the city manager's written decision by filing an appeal with the city clerk. Said appeal shall state fully the grounds for the appeal and all facts relied upon by the appellant. The decision of city council shall be final.
(Ord. No. 2017-1, § 2, 2-7-17; Ord. No. 2018-32 , § 1, 1-22-19)