HomeMy WebLinkAboutDocumentation_Workshop_Tab 04_11/1/2022Agenda Item #4.
Workshop
STAFF
MEMO
Meeting: Workshop - Nov 01 2022
Staff Contact: Jose Rodriguez, Building Official Department:
Discussion on Sec. 10-4. Keeping of animals generally; and Sec. 10-10. Raising or boarding animals
or fowl prohibited, last updated in 1977.
SUMMARY:
• Sec. 10-10. -Raising or boarding animals or fowl.
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The raising or boarding of animals or fowl is prohibited except where boarding is incidental to the operation of a
veterinarian's office.
(Code 1977, § 4-9)
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
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PROJECTED TOTAL: N/A
Memo Re VOT Chicken Ordinance 10.24.2022.ada
21-ist of PBC Incorporated Municipalities - Raising of Chickens 10.25.2022
Sample Ordinance - Volusia County.ada
Page 147 of 156
Agenda Item #4.
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
561-768-0700
www.tequesta.org
To: Jeremy Allen, Village Manager
From: Jose Rodriguez, Building Director
CC: Honorable Mayor and Village Council
Date: October 24, 2022
Re: VOT Ordinance 10-4 and 10-10 — Raising or boarding of fowl prohibited
The Village of Tecluesta's current ordinance addressing the raising of chickens has not been
updated since 1977 (see below):
Sec. 10-4. - Keeping of animals generally.
No person shall keep, possess or maintain any live animal, including livestock or fowl, within
the village, except as follows: Dogs, cats, parrots, parakeets, canaries, rabbits, guinea pigs,
hamsters, gerbils, turtles and other animals that can be legally sold in a licensed pet shop in
the state may be kept, possessed and maintained as household pets within the village so long
as they are kept, possessed and maintained in compliance with the provisions of this chapter;
provided that these household pets do not constitute a nuisance to neighbors because of
excessive noise or odors. Proper sanitary measures shall be observed and followed at all
times in connection with the keeping, maintaining or possessing of such pets.
Sec. 10-10. - Raising or boarding animals or fowl.
The raising or boarding of animals or fowl is prohibited except where boarding is incidental to
the operation of a veterinarian's office.
Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III
Council Member Laurie Brandon Council Member Aaron Johnson
Village Manager Jeremy Allen
Page 148 of 156
Agenda Item #4.
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Municipality
Raising Chickens Allowed?
Code Section
1
Atlantis
No
Article II
2
Belle Glade
Yes
31-48; 31-68; 31-88
3
Boca Raton
No
5-1
4
Boynton Beach
No
4-18
5
Briny Breezes
No
Chpt. 90
6
Cloud Lake
No
28-10(4)
7
Delray Beach
Yes (rural residential & agricultural)
4.4.2
8
Glen Ridge
No
6-2
9
Golf
No
3.07
10
Greenacres
No
3-3
11
Gulf Stream
No
Chpt. 6
12
Haverhill
No
10-9
13
Highland Beach
No
Chpt. 4
14
Hypoluxo
No (noisy animals prohibited)
22-27
15
Juno Beach
No
4-5
16
Jupiter
Yes (agricultural)
27-507
17
Jupiter Inlet Colony
No (except by written permission of the
Commission
3 2
18
Lake Clarke Shores
No
6-5
19
Lake Park
No
11-5
20
Lake Worth
No
6-5
21
Lantana
No
4-5
22
Manalapan
No
151-577
23
Loxahatchee Groves
Yes (parcels under 1 acre limited to 4 birds
r every guarter acre)
20-010 (13)(1)(d.)
24
North Palm Beach
No (Except by Village Manager
permission)
4-6
25
Ocean Ridge
No
10-1
26
Mangonia Park
Yes (but not within 100 ft of any
residence
5-3
27
Palm Beach
No
10-8
Page 149 of 156
Agenda Item #4.
28
Palm Beach Gardens
Yes (agricultural)
78-159
29
Pahokee
No (noisy animals prohibited)
17-181
30
Palm Beach Shores
No
10-2
31
Palm Springs
No
6-3
32
Riviera Beach
No
4-4
33
Royal Palm Beach
No (only as pets and limited to 3)
5-10
34
South Bay
No
16-2(13)
35
South Palm Beach
No (noisy animals prohibited)
6-2
36
Tequesta
No
10-10
37
Wellington
Yes (equestrian zone only)
6.2.1
38
Westlake
No (noisy animals prohibited)
Ord. 2021-01, Sec. 8
39
West Palm Beach
No
14-1
Page 150 of 156
Agenda Item #4.
STATE OF FLORIDA
COUNTY OF VOLUSIA
I, GEORGE RECKTENWALD, Interim County Manager and Clerk to the
County Council of Volusia County, Florida, do hereby certify that the attached and
foregoing ORDINANCE 2018-13 is a true and correct copy of that certain Ordinance as
adopted by the County Council of Volusia County, Florida, at its meeting held on July 24,
2018.
WITNESS my hand and official seal at Deland, Volusia County, Florida, this
day of July, A.D. 2018.
BY:
MA
George Recktenwald
GEORGE RECKTENWALD
INTERIM COUNTY MANAGER AND
CLERK TO THE COUNTY COUNCIL
OF VOLUSIA COUNTY, FLORIDA
U I T ULMMN
Page 151 of 156
Agenda Item #4.
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ORDINANCE 2018-13
AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA
COUNTY, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE COUNTY OF VOLUSIA, CHAPTER 72
LAND PLANNING, ARTICLE II ZONING, BY AMENDING
SECTION 72-290, BY CREATING SECTION 72-307
BACKYARD CHICKENS; BY AMENDING SECTION 72-341
ADMINISTRATION TO PROVIDE FOR CONDITIONAL USE
PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AUTHORIZATION FOR INCLUSION IN CODE;
PROVIDING FOR CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the County Council recognizes the trend in society to incorporate fresh
organic products into diets; a lifestyle which can be supported by allowing residents to keep and
raise chickens on their single-family residential properties for the purposes of producing eggs for
personal consumption; and
WHEREAS, the Volusia County Zoning Ordinance currently permits livestock and poultry
only in agricultural zoning classifications; and
WHEREAS, many communities around the country have been exploring how to
compatibly integrate backyard chickens into urban and suburban residential settings; and
WHEREAS, the County Council recognizes the desire of all residents to live in a clean and
pleasant environment free of excessive odor, noise, vermin, and disease; and
WHEREAS, experts suggest that the keeping of five (5) chickens is sufficient to meet the
needs of the average family's egg consumption; and
WHEREAS, ordinances adopted around the country relating to backyard chickens offer an
important tool for property owner education as well as official oversight of practices through
permitting, which may provide property owners with knowledge of preventative measures that
could improve the welfare of their chickens, wild birds, commercial operations, and the public at
large; and
WHEREAS, increasing participation in educational programs widely utilized by the
commercial industry but underutilized by backyard owners could help to improve bird health.
BE IT ORDAINED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA
AS FOLLOWS:
(Words in strike through type are deletions; words in underscore type are additions)
Ordinance 2018-13
Page 1 of 5
Page 152 of 156
Agenda Item #4.
l SECTION I: Chapter 72, article II, section 72-290, of the Code of Ordinances, County of
2 Volusia is hereby amended to read as follows:
4 Sec. 72-290. Additional regulations for certain permitted principal uses.
6 The following additional regulations shall apply to specific permitted principal uses in all
7 classifications where so permitted:
9 *�
10
11 (10) Farm animals and fowl. It shall be unlawful for any person to keep, harbor, breed or
12 maintain upon any premises not zoned for agricultural use or otherwise excepted in
13 accordance with section 72-307 or elsewhere within with -this article, any of the following:
14 Bees, roosters, peacocks, horses, ponies, cattle, goats, pigs, or other livestock, man
15 one of the f lle • Pigee s ipj e� onsducks, or other fowl. Any person who
16 violates the provisions of this section shall be liable in accordance with subsection 72-
17 341(f).
18
19 SECTION II: Chapter 72, article II, section 72-307, of the Code of Ordinances, County
20 of Volusia, is hereby created to read as follows:
21
22 Sec. 72-307. Backyard Chickens.
23
24 (a) Backyard chickens may be permitted in the R-1 through R-4, R-6, or MH-6 zoning
25 classifications, by conditional use permit, pursuant to subsection 72-341(i). All backyard chicken
26 conditional use permits shall be subject to the following restrictions:
27
28 (1) The number of chickens shall be limited to no more than five (5), and no
29 ducks, geese, turkeys, peafowl, roosters, or an, other poultry or fowl are allowed.
30 For the purpose of this section, the term "chicken" refers to hens only.
31
32 (2) Chickens shall be kept in an enclosed area with a coop that provides for the
33 free movement of chickens, and are not permitted to be free range. The coop must have a
34 roof, and be completely secured from predators, including all openings, ventilation holes,
35 doors and gates. No more than one (1) coop shall be allowed per permitted parcel.
36 Chickens shall at all times be provided receptacles kept constantly filled with clean water.
37
38 (3) No manure may be allowed to accumulate on'the floor of the coop or
39 ground. Conditional use permit holders must implement a manure management Program,
40 whereby the coop and enclosure are cleaned regularly. A fly -tight bin for storage of manure
41 must be utilized; the size of which must be sufficient to contain all accumulations of
42 manure. The fly -tight bin must be kept at least twenty (20) feet away from all property
43 lines. Composting of chicken manure may be allowed in the enclosed fly -tight bin. There
44 shall be no perceptible odor emanating from the manure storage/composting bin.
45
46 (4) The minimum lot size shall be one-third (1/3) of an acre.
Ordinance 2018-13
Page 2 of 5
Page 153 of 156
Agenda Item #4.
2 (5) The chicken coop and enclosure shall be considered an accessory structure
3 which shall be located between the rear lot line and the rear -most point of the principal
4 structure and shall comply with the requisite accessory use setback requirements of the
5 property's zoning classification, unless otherwise required per section 72-277.
7 (6) The coop may not be taller than eight (8') feet, measured from the natural
8 grade, and must be easily accessible for cleaning and maintenance. Coops may not exceed
9 a maximum of one hundred fifty (150) square feet.
10
11 (7) If the coop structure exceeds one hundred twenty (120) square feet in size,
12 a building permit is required under the Florida Building Code.
13
14 (8) The coop and enclosure shall be screened from view from adjoining
15 properties or the street.
16
17 (9) Chickens shall be kept for personal use only. Selling chickens, eggs, or
18 chicken manure, or the breeding of chickens for commercial purposes is prohibited.
19
20 (10) The chickens must be sheltered or confined in such fashion as to prevent
21 them from coming into contact with wild ducks or geese or their excrement.
22
23 (11) The chickens may not be slaughtered by or at the direction of the owner or
24 keeper thereof except pursuant to the lawful order of state or county health officials, or for
25 the purpose of euthanasia when surrendered to a licensed veterinarian or the Humane
26 Society for such purpose, or as otherwise expressly permitted by law. Deceased chickens
27 must be properlyposed of within twenty-four24) hours of expiring and in accordance
28 with Florida law. Conditional use permit holders may contact a University of Florida
29 Agricultural Extension Service office for requirements regarding proper disposal methods.
30
31 (b) In a public health emergency declared by the state or county health department,
32 including„ but not limited, to an outbreak of Avian Flu or West Nile virus, immediate corrective
33 action may be required in accordance with applicable public health regulations and procedures.
34 Conditional use permit holders consent to compliance with such required corrective action.
35
36 (c) An application for conditional use permit, as well as applications for renewal of
37 conditional use permit, shall be on a form supplied by the Department, together with any pplicable
38 fees. In addition to those requirements of sub -section 72-341(j), the application shall include, the
39 following:
40
41 (1) A site plan depicting the location and size of the coop and enclosure and the
42 distance of these accessory structures from the propertylines;
43
44 (2) The method of screening of the coop and enclosure from adjacent
45 properties;
46
Ordinance 2018-13
Page 3 of 5
Page 154 of 156
Agenda Item #4.
1 (3) Proof of successful completion of a Universily of Florida Agricultural
2 Extension Service (UF IFAS) class on the care and raising of chickens (initial proof of
3 successful completion is sufficient for renewal applications); and
4
5 (4) Notarized authorization of the owner, if the applicant is other than the
6 owner.
7
8 SECTION III. Chapter 72, article 11, section 72-341, of the Code of Ordinances, County
9 of Volusia, is hereby amended to read as follows:
10
11 Sec. 72-341. Administration.
12
13 (a) Enforcement. The zoning enforcement official shall interpret, administer, and
14 enforce this division. He is authorized to obtain assistance in the performance of his duties from
15 any other department or agency of the federal, state, or any local government.
16
17 ****
18
19 (i) Conditional Use Permits. The conditional use permit is intended to be utilized as
20 a special permit which temporarily allows uses not otherwise permitted by this Article for a
21 specified period of time; provided that no conditional use permit shall be issued by the zoning
22 enforcement official unless the owners of all residentially zoned adjacent properties have been
23 notified, in writing and at the applicant's expense, by Certified Mail, return receipt requested, and
24 proof of notification is provided with the permit application. Adjacent property shall mean all
25 parcels of land that the applicant's property comes into contact with at one (1) or more points,
26 except for parcels separated by a public or private street.
27
28 (1) After the application and accompanying information has been received and
29 processed, those applications submitted for conditional use permits with zoning
30 enforcement official approval, shall be approved or denied by the zoning enforcement
31 official within thirty (30) days. The zoning enforcement official's decision maw
32 appealed to the county council pursuant to section 72-378.
33
34 (2) No conditional use permit shall be issued for a period to exceed two (2)
35 years unless otherwise specified. However, conditional use permits may be renewed or
36 extended upon reapplication.
37
38 (3) All conditional uses must meet the minimum requirements of the county's
39 land development regulations unless specific deviations are requested and approved.
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41 (4) All requests for a conditional use permit shall meet the requirements of this
42 code for structures and adequate utility, refuse management, access, fire and similar
43 facilities shall be available for the proposed use.
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45 (5) The applicant shall be responsible for obtaining all applicable federal, state
46 and local permits and approval(s).
Ordinance 2018-13
Page 4 of 5
Page 155 of 156
Agenda Item #4.
1
2 SECTION IV: AUTHORIZING INCLUSION IN CODE - The provisions of this
3 ordinance shall be included and incorporated into the Code of Ordinances of the County of Volusia,
4 as additions or amendments thereto, and shall be appropriately renumbered to conform to the
5 uniform numbering system of the code.
6
7 SECTION V: SEVERABILITY - Should any word, phrase, sentence, subsection or
8 section be held by a court of competent jurisdiction to be illegal, void, unenforceable, or
9 unconstitutional, then that word, phrase, sentence, subsection or section so held shall be severed
10 from this ordinance and all other words, phrases, sentences, subsections, or sections shall remain
11 in full force and effect.
12
13 SECTION VI: CONFLICTING ORDINANCES - All ordinances, or part thereof, in
14 conflict herewith are, to the extent of such conflict, repealed.
15
16 SECTION VII: EFFECTIVE DATE - A certified copy of this Ordinance shall be filed
17 with the Department of State by the County Manager within ten (10) days after enactment by the
18 County Council and this Ordinance shall take effect upon filing with the Department of State.
19
20 ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN
21 OPEN MEETING DULY ASSEMBLED IN THE COUNTY COUNCIL CHAMBERS AT THE
22 THOMAS C. KELLY ADMINISTRATION CENTER, 123 WEST INDIANA AVENUE,
23 DELAND, FLORIDA, THIS 24TH DAY OF JULY, A.D., 2018
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26 ATTEST:
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32 George cktenwald, Interim County Manager
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COUNTY COUNCIL
COUNTY OF VOLUSIA, FLORIDA
Ed Kelley,` County Chair
V
Ordinance 2018-13
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