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HomeMy WebLinkAbout20-026ORDINANCE NO. 2020-026 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO BACKYARD CHICKENS; AMENDING THE ST. LUCIE COUNTY CODE TO AMEND CHAPTER 7.10.03 ANIMALS IN RESIDENTIAL AREAS TO ESTABLISH A ONE-TIME REGISTRATION HOLDER PROGRAM FOR BACKYARD CHICKEN -KEEPING AND CHICKEN COOPS ON AN OCCUPIED RESIDENTIAL ESTATE SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT PROPERTY IN RE-1, RE-2 ZONING DISTRICTS, AND AN OCCUPIED SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS PROPERTY IN RS-2, RS-3, RS-4 ZONING DISTRICTS; PROVIDING FOR EXCLUSION OF THE RIVER PARK SUBDIVISION; ENUMERATING THE TERMS AND CONDITIONS CONCERNING THE KEEPING OF BACKYARD CHICKENS; ESTABLISHING A ONE-TIME REGISTRATION HOLDER PROCESS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) recognizes the trend in society to incorporate fresher products into diets; a lifestyle which can be supported by allowing residents to keep and raise chickens on their single-family residential properties to produce eggs for personal consumption; and WHEREAS, the St. Lucie County Land Development Code currently permits livestock and poultry only in agricultural zoning districts; and WHEREAS, many communities around the country have been exploring how to integrate backyard chickens into urban and suburban residential settings compatibly; and WHEREAS, the St. Lucie County Board of County Commissioners recognizes the desire of all residents to live in a clean and pleasant environment free of excessive odor, noise, vermin, and disease; and WHEREAS, the Board of County Commissioners desires to implement a registration holder program to permit the keeping of up to five (5) chickens on an occupied residential estate single family zoning district property in RE-1 and RE-2 zoning districts, and on an occupied single-family residential zoning district property within the RS-2, RS-3, RS-4 zoning districts, excluding the River Park Subdivision that is partially subject to an overlay district that encourages redevelopment to improve the area that suffers from deficiencies and has not developed as a result of changing market conditions, subject to the terms and conditions of this Ordinance. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4772224 10/27/2020 08:27:19 AM OR BOOK 4497 PAGE 2660 - 2669 Doc Type: ORDN RECORDING: $86.50 Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A: INCORPORATION OF RECITALS. The above recitals are incorporated herein by reference and form an integral part of the Ordinance. PART B. SHORT TITLE. This Ordinance shall be known and referred to as the Backyard Chicken -Keeping Program Ordinance. PART C. INTENT AND PURPOSE. The intent and purpose of this Ordinance is to create a one-time registration holder program to permit the keeping of up to five (5) chickens on an occupied residential estate single family zoning district property in RE-1 and RE-2 zoning district and, on an occupied single-family residential zoning district property within the RS-2, RS-3, RS- 4 zoning districts, excluding the River Park Subdivision that is subject to an overlay district that encourages redevelopment to improve the area that suffers from deficiencies and has not developed as a result of changing market conditions, to meet the needs of the average family's egg consumption. PART D. CHAPTER 7.10.03. —Animals in Residential Districts. A. Exempt as provided in this section, no animals shall be kept in any residential district except those animals generally recognized as household pets, such as dogs, cats, caged birds, etc. In any residential district, no more than a total of five (5) dogs and/or cats four (4) months or older shall be allowed in each dwelling unit. For the purpose of this section, "residential districts" shall not include the following: AG-1; AG 2.5; AG-6: AR-1 with agricultural classification pursuant to Section 193.461, Florida Statutes; or PUD where livestock is permitted. An exemption to this section is granted by Section 7.10.03.D. — Backyard chicken -keeping One - Time Registration Holder Program. The holder of a valid backyard chicken -keeping registration is allowed up to a maximum of five (5) chickens on an occupied residential estate single family zoning district property in RE-1 and RE-2 zoning districts, and on an occupied single-family residential zoning district property within the RS-2, RS-3, RS-4 zoning districts, excluding the River Park Subdivision that is partially subject to an overlay district that encourages redevelopment to improve the area that suffers from deficiencies and has not developed as a result of changing market conditions B. In the AR-1 district, animals other than household domestic pets may be kept provided they are not housed within one -hundred (100) feet of any property line. C. In the RE-1 and RE-2 districts, horses may be kept provided that: 1 The property is at least (2) acres; Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 3 2. No more than two (2) horses are kept; 3. The horses are for the private and personal use of the resident and his/her family; and, 4. The horses are to be stabled at least one hundred fifty (150) feet from any residence under separate ownership and three hundred (300) feet from the edge of the right-of-way of any street. D Backyard Chicken -keeping One-time Registration Holder Program: (a) Purpose. The purpose of this One-time Registration Holder Program is to establish and implement a Backyard chicken -keeping program allowing residents to keep or raise chickens on a developed and occupied detached single-family residential properties subject to the terms and conditions of this program. For this section, the term "chicken refers to female chickens only (i.e.hens). (b) One-time Registration and general conditions for backyard chicken -keeping in certain residential zoning districts. Persons desiring to participate in the backyard chicken -keeping program shall obtain a registration from the Planning and Development Services Department before keeping chickens (1) No more than one registration holder for backyard chicken keeping shall be issued per developed and occupied single-family residential property. (2) If a tenant or person applying for a one-time registration for backyard chicken -keeping is not a fee simple owner of the subject property, the property owner must agree and consent to the registration. (3) To obtain registration under this program, persons applying for a registration for the keeping of chickens must show that they can meet the requirements of this program by a sketch plan of the back yard, including all required principal structures and approval from a Homeowners' Association where applicable. (4) A signed and notarized affidavit is required to be submitted with all backyard chicken -keeping registration holders. The affidavit shall state that the chicken coop and enclosure will be designed, constructed, and operated to the standards outlined in this ordinance. The affidavit shall also state that the drawings submitted as part of the registration are a Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 4 reasonably accurate representation of the subject site features and adjacent properties. (5) The County may conduct on -site inspections of the subject property to make compliance determinations under this program before and after the filing of the registration. The County may provide forty-eight (48) hour notice to registration holders before performing inspections. (6) The County may deny a registration application if the person(s) applying for the registration cannot meet the requirements of this program. The issuance of a registration for the keeping of chickens is conditioned upon and subject to the terms and conditions of this Ordinance. (7) If this section is repealed, the County will mail notices to each active registration holder advising that they will need to relocate their chickens, providing them at least sixty (60) days' notice from the adoption of any ordinance repealing backyard chicken -keeping program. (8) If a resident decides to discontinue backyard chicken -keeping, or if their registration is revoked, per Subsection (e), or this section is repealed, the resident is responsible for finding appropriate homes for the chickens within thirty (30) days. Also, a final inspection shall be completed in thirty (30) days to ensure that the chickens, coop, and enclosure have been removed from the property. (9) The date a registration application is approved for the keeping of chickens, such registration does not expire unless the registration holder is found in violation of the ordinance, and violations are not corrected. The registration will then be revoked, and the resident is responsible for finding appropriate homes for the chickens with thirty (30) days. Also, a final inspection shall be completed in thirty (30) days to ensure that the chickens, coop, and enclosure have been removed from the property. (10) Up to five (5) chickens may be kept on an occupied detached single-family residential property upon receiving an approved -registration from the Planning and Development Services Department. Regardless of the underlying future land use designation, chickens shall not be kept on properties developed with commercial uses, mobile homes/manufactured home parks, duplexes, triplexes, townhomes, and apartments or other multifamily properties. Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 5 (11) Existing developed and occupied detached single-family residence that was lawfully approved to raise chickens before the adoption of this ordinance, shall be grandfathered and allowed to continue the use without requiring registration. (12) Every person who owns, controls, keeps, maintains, or harbors chickens must keep them confined on the premises at all times within a chicken coop or chicken enclosure unless a person is supervising the chickens within the confines of a fenced rear yard on the premises. After a person has completed the personal interaction and supervision of chickens within the confines of the fenced rear yard, the chickens shall be returned to the coop or enclosure. Supervising shall mean that the person is outside in the fenced rear yard and has the chickens within sight distance at all times. No electronic monitoring is permitted. (13) The keeping of ducks, geese, turkeys, guinea fowl, and pigeons or any other poultry or fowl by a person with an enclosure is prohibited under this program. This program does not prohibit the existence of these species in the wild as free-range birds. (14) Chickens shall be kept for personal use only. Selling chickens, eggs, or chicken manure, or the breeding of chickens for commercial purposes is prohibited. (15) Chickens shall not be bred or slaughtered on -premises. Deceased chickens shall be disposed of within 24 hours; or, if sick, may be taken to a veterinarian office to be euthanized. (c) Location and requirements for chicken coops and enclosures. Backyard chicken - keeping shall be permitted as an accessory use within single-family residential zoning districts, where the lot or parcel is developed and occupied by a single- family detached residence. Chickens shall not be kept on residential property with mobile home/manufactured home parks, duplexes, triplexes, townhomes, and apartments or other multi -family properties. (a) Permission for backyard chicken -keeping shall be subject to the following standards and conditions: (1) The maximum size of the coop and enclosure area shall be one - hundred and twenty-five (125) square feet. The coop may be movable so long as it meets the required setbacks in this ordinance Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 6 (2) The space per bird in the coop shall be not less than four (4) square feet. (3) The coop and enclosure shall be set back a minimum of ten (10) feet from the side and rear lot lines and a minimum of twenty (20) feet from any side street, so long as the coop and enclosure area shall be at least twenty-five (25) feet, from any residential structure on an adjoining lot. The coop and enclosure must be kept in the rear backyard of the residence. (4) A building permit from the building department shall not be required for the coop. The registration for keeping backyard chickens shall list the construction material methods as well as anchoring methods, such as tie -downs. Prefabricated mobile coops may be exempt from the requirement to obtain a building permit. (5) The coop and enclosure area shall be located in the rear yard of the developed and occupied single-family detached residential property. (6) Nothing in this section shall prevent the construction of a coop and enclosure from abutting the rear of an applicant's house, so long as it otherwise meets the requirements of this Code. (7) The maximum height of a coop and the enclosure area fence around the coop shall be six (6) feet, as measured from the existing grade to the highest part of the coop or fence. (8) Chicken coops and enclosures shall be completely screened from adjacent roadways and neighboring parcels by a six -foot -tall opaque fence or wall erected on the property line. A chain -link fence, chain -link fence with slats, or similar fence shall not constitute an opaque wall or fence. A building permit may be required to erect an enclosure area fence in according to Section 8.00.04 of the St. Lucie County Land Development Code (9) Chicken coops shall be covered and ventilated, and a fenced enclosure/run is required. The coop and enclosure must be constructed in a way that establishes a clean, safe, and pleasant environment free of odor, vermin, noise, and disease. (10) All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests. Chicken Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 7 coops must be impermeable to rodents, wild birds, predators and weather, including all openings, ventilation holes, doors, and gates. Enclosures shall be kept in clean and neat conditions, including the provision of clean, dry bedding materials and regular removal of waste materials, not to create an odor. (11) All chicken feed shall be kept in a secured and covered metal container, or otherwise protected to prevent rodents and other pests from gaining access to it. (12) Chicken coops shall not permitted within any protected St. Lucie River shorelines and adjacent upland areas along with water bodies such as the Indian River Lagoon, St. Lucie River, and its tributaries. Refer to Section 6.02.02 Riverine Shoreline Protection for buffer requirements.' (d) Health, sanitation, and nuisance as applied to the keeping of chickens. (1) Chickens shall be housed at all times within a covered coop or fenced enclosure area, except that they may be removed from the coop or fenced enclosure area by a resident or visitor of the home, provided the resident keeps them under his or her continuous custody and control while they are outside the coop or fenced enclosure area. No electronic monitoring is permitted. (2) Chickens must be secured within the chicken coop during non -daylight hours. (3) Chickens shall not be permitted to trespass on neighboring properties, run at large, be released, or set free at any time. (4) 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. (5) If a chicken is injured or bitten by a family dog or neighbor's dog, said dog shall not be classified as a dangerous dog according to Section 6-23 of the St. Lucie County Land Development Code. (6) All deceased chickens shall be properly disposed of off -site within 24 hours of expiring. Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 8 (7) In a public health emergency declared by the St. Lucie County Health Department, including but not limited to an outbreak of Avian Flu or West Nile virus, immediate corrective action shall be required, per applicable public health regulations and procedures and Animal Service. (e) Revocation and transfer of Registration (1) Revocation. The registration that granted the authority to have backyard chickens may be revoked by the County for the following reasons: a. If a registration holder fails to obtain chickens within six (6) months of obtaining the registration. b. If any condition of the chicken -keeping ordinance has been violated, the County may revoke the registration immediately if the violation has not been remedied within seven (7) days after written notice of the violation. C. Without allowing the registration holder to remedy a violation as set forth above, the revocation shall occur if more than three separate violations occur in 90 days arising from the backyard chickens. d. If revoked, neither the resident nor anyone else on the same premises may reapply for a period for twelve (12) months from the date of revocation. All chickens must be removed from the property any time a registration is revoked. e. A person aggrieved by a decision to deny or revoke a chicken - keeping registration may appeal according to Section 11.11.00 of the St. Lucie County Land Development Code. (2) Transfer. A registration issued according to this section, shall not be transferred to a subsequent property owner. Any subsequent property owner will be required to apply for registration according to this section if the subsequent property owner wants to keep chickens. (3) Relocation. Any active registration holder who relocated to anew location shall apply for a chicken -keeping registration for the new location. (4) Cancellation. If a participant chooses to discontinue backyard chicken - keeping, they must provide notice to the County and remove the chickens, coop, and enclosure within thirty (30) days of the notice being given. Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 9 (f) Violations. If a violation of this program occurs, the County shall have the right to one or more of the following remedies or actions: (1) Institute code enforcement proceedings and prosecute code violations against the violator and the property owner of the real property where the violation occurs according to Section 11.13.00 of the St. Lucie County Land Development Code; (2) Take any other action or remedy authorized by law or in equity, including but not limited to, instituting an action in court to enjoin violating actions, in which case the violating person shall be liable to the County for reimbursement of the County's attorney's fees and costs concerning such action; (3) Revoke the registration for the keeping of chickens within ten (10) days. PART E. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART H. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304 PART I. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. Ordinance No. 2020-026 Section 7.10.03 Animals in Residential Districts Backyard Chicken -Keeping Registration Program Page 10 PART J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice Chair AYE Sean Mitchell, Commissioner AYE Linda Bartz, Commissioner NAY Frannie Hutchinson, Commissioner AYE PART K. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word 'ordinance" may be changed to "section," "article," or another appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; provided, however, that Section 4 through 13 shall not be codified. PASSED AND DULY ENACTED on the 6th day of October, 2020. ATTEST: DEPUTY C s = a � �G ti coo BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: BY: PLORIDA DEPARTMENT 0 STATE r RON DESANTIS Governor October 23, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Lillian O'Farrell Dear Mr. Smith: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your revised electronic copy of St. Lucie County Ordinance No. 2020-026, which was filed in this office on October 23, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270