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HomeMy WebLinkAbout4832 Backyard Chicken CodeOrdinance No. 2025-4832 An Ordinance of the City of Sanford, Florida relating to the keeping of chickens and amending Chapter 14, Article I, Subsection 14-4, of the Code of Ordinances of the City of Sanford, Florida; providing for legislative findings and intent; providing for the taking of implementing administrative actions; providing for conflicts; providing for severability; providing for a savings provision; providing for codification and scrivener's errors and providing for an effective date. Whereas, the City Commission of the City of Sanford hereby adopts, ratifies and affirms the legislative findings and intent of Ordinance N. 2025-4832 enacted on October 13, 2025; and Whereas, the City Commission of the City of Sanford has the power and authority to enact this Ordinance under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 162 and Chapter 166, Florida Statutes, and the controlling case law of the State of Florida; and Whereas, the City Commission of the City of Sanford is enacting this Ordinance in order to protect the public health, safety and welfare; and Whereas, underlined words in this Ordinance shall constitute additions to the current text of the City Code, ***** shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike throw„ ,- V.- shall constitute deletions to current text of the City Code. Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida: Section 1. Legislative Findings and Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission agenda memorandum relating to the regulations and matters as set forth herein. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Definitions: "Chicken" means female chickens\hens. "Predators" means animals that tend to prey on chickens, including, but not limited to bears, racoons, coyotes, bobcats, and foxes. "Subject property" means the single-family real property or lot, which is owner occupied. "Chicken Permit" means the permit approved by the City to allow the keeping of chickens. Section 2. Revisions To Chapter 14, Article I, City Code. The provisions of Subsection 14-4 Code of Ordinances of the City of Sanford, Florida, are amended to read as follows: it shall he UR!ay. uil ivr any peFseg to keep nr main+..:.. iR the nitre live few! of a.4y kindLAAENR50 feet ellina ha. ar+ma + garage nt ... _ .. �. ...........y �r.,.......�... .,.�,. .,... GGUPied by Nieman beings far rr.sideRtial auras ns p .id ..eve that p� a--���........... ;:�.::y ..,.. ... ..:.� rpm'.,.,; r.,'�' ..e�, hrr...,�,,,ar ..�thf$ seGtiGRshalle+ r keepeF of I'. a fGwl 49m keepiRg GuGh f.I ..ithin 25 f the dwellinga.+m t nr garage a nt a ......... �... .. ... ..... .........�, ter.......... ..... .J........�.. ......... ...... .e apartmeRt nnn..nied as nrnvided in this sestina is ...ithir. 150 feet of s .a4, fG l• previded i F that this ..hall Gt I fGF &--2-1-- by Gams nn their pFopeFty-. Sec. 14-4. - Keeping Chickens. (a) Intent and Definitions (1) Chickens, not in excess of six (6) may only be kept on lots designated for single-familv use. The lot designated for single family use must have a dwelling unit on the lot and the dwelling unit must remain owner occupied during anv duration in which chickens are present on the lot. (2) For the purposes of this Section, the term "chicken" refers to female chickens (hens). Roosters and all other fowl (i.e. ducks, geese, turkeys. pigeons) are strictly prohibited. (3) This Section does not authorize persons to violate applicable restrictive covenants or homeowners' association rules and regulations. Persons keeping chickens are solely responsible for compliance with all applicable restrictive covenants and homeowners' association rules and regulations. (b) A chicken permit shall be required for chickens to be kept. harbored, raised, or maintained in chicken coops as laving hens for eggs as accessory to a residential single-family structure, but only subiect to the following: (1) A chicken permit will be issued once an applicant has completed an application, met all requirements of Sec 14-4 as amended from time to time. and staff concurs with the issuance of a chicken permit. A chicken permit is not required in areas zoned for agriculture. (2) The Development Services Director or designee may deny a chicken permit if it is determined that the applicant has a documented history of code violations, or failure to comply with regulations. (3) There will be a $50.00 application fee for the chicken permit and initial inspection. (4) To maintain the chicken permit. the property owner agrees to an annual inspection of the chicken coop and area surrounding the coop to ensure compliance with this Ordinance. The property in or around the coop must be maintained in a safe and sanitary condition and in such a manner as to not cause a nuisance or burden to neighboring properties, Failure to do so. may result in sanctions, including, but not limited to the revocation of the chicken permit. (5) Persons keeping chickens pursuant to this Section (a) agree to the terms and conditions of this Section. and (b) upon a code enforcement complaint, to grant the Citv and its officers, employees, and agents a right- of-entry upon the subiect property (including the rear vard) for inspection purposes to ensure compliance with this Section. (6) Persons keeping chickens pursuant to this Section are encouraged to successfully complete a University of Florida Agricultural Extension Service (UF IFAS) class or an equivalent class. (7) Up to six (6) chickens may be kept on lots desianated for single-family use where a dwelling unit is located and remains owner occupied. Chickens shall not be kept on duplex. triplex. or multi-familv properties, or within mobile home/manufactured home parks. (8) Ducks, geese. turkeys, peafowl, male chickens/roosters, or any other poultry or fowl are not allowed under the provisions of this Section. (9) Chickens must be kept for personal use only. Selling chickens, chicken bv-products. eggs, feathers. chicken manure, or the breedina of chickens for commercial purposes is strictly prohibited. Chickens may not be bred or slaughtered on -premises. Chickens shall not be used. or trained for the purpose of fightina for amusement, sport or financial aain. (10) The coop and enclosure must be screened from the neighboring propertv. Screening must be accomplished using an opaque fence and/or landscape screen (existina veaetation may be used if sufficient enough to create an opaque screen). (11) All applicable building permits must be obtained prior to constructina fences and enclosures to house chickens. (12) Unless otherwise in conflict with Florida Statutes, a dog or cat that iniures or kills a chicken that wanders onto the propertv at which the dog or cat resides will not, for that reason alone. be considered a dangerous or aggressive animal. (13) Deceased chickens must be properly disposed of within twentv-four (24) hours of expiring and in accordance with Florida law. Contact a Universitv of Florida Aaricultural Extension Service office for reauirements reaardina proper disposal methods. (14) No manure may be allowed to accumulate on the floor of the coop or around. Persons keeping chickens must implement a manure manaaement program, wherebv the coop and enclosure are cleaned regularly. For example. a flv-tight bin for storaae of manure could be utilized: the size of which must be sufficient to contain all accumulations of manure. A manure box inside the coop is recommended. The flv-tiaht bin must be kept at least twentv (20) feet awav from all property lines. Composting of chicken manure may be allowed in the enclosed flv-tiaht bin. No perceptible odor shall emanate from the manure storage/composting bin. (c) Location of Coops and Enclosures (1) Chicken coops and fenced enclosures must be in the rear/back vard (behind the home). No coop or enclosure is allowed in anv front or side (2) The coop and enclosure must be a minimum of ten (10) feet from the rear and side propertv lines and twentv (20) feet from anv neighboring residential homes. On corner lots, coops and enclosures must meet the required side street setback per the subject propertv's applicable zoning district. (3) The coop must be covered and ventilated, and a fenced enclosure/run is reauired. The coop and enclosure must be completely secured from predators. including all openinas, ventilation holes, doors. and gates. Fencing or roofing is required over the enclosure in addition to the coop, to protect the chickens from predators. The coop must also be tied down for wind resistance. (4) All stored feed must be kept in a rodent and predator -proof container or inside a secured structure. (5) The coop must provide a minimum of three (3) sauare feet per chicken: a minimum of five (5) square feet of run per chicken and be of sufficient size to permit free movement of the chickens. The coop may not be taller than six (6) feet, measured from the natural grade, and must be easilv accessible for cleanina and maintenance. Coops may not exceed a maximum of one hundred (100) sauare feet. (d) Health. and sanitation relating to the keeping of chickens (1) Chickens must be kept within a coop and enclosure and may not be allowed to roam outside the subiect property. Chickens may not be released or set free from such coop or enclosure unless the chickens are under the direct supervision of their owner. Chickens may be allowed to roam outside the coop and run within the property owner's backyard under the immediate supervision of the property owner for limited periods of time for purposes of socializina. interaction and cleanina of the coop and run. (2) Chicken coops and enclosures must always be maintained in a clean and sanitary condition. Activities subiect to this Section must be conducted in a manner that does not create anv nuisance consistina of odor, noise rodents, pests, or contribute to anv other nuisance condition. No odor that is obiectionable to neiahboring properties shall emanate from the chickens or the enclosure. (3) In a public health emergency declared by the Seminole County Health Department, including, but not limited to, an outbreak of Avian Flu or West Nile virus. immediate corrective action may be reauired in accordance with applicable public health regulations and procedures. Persons keeping chickens must be in compliance with such required corrective action. (e) Violations In the event that a violation of this Section occurs. the Citv mav: (1) Institute code enforcement proceedings and prosecute code violations against the violator and the property owner of the real property where the violation occurs. (2) Take any other action or remedy authorized by law or in equity, including, but not limited to, instituting an action in court to enioin violating actions, in which case the violatina person shall be liable to the Citv for reimbursement of the Citv's attornevs' fees and costs concerning such action. (3) If any condition of the chicken permit has been violated, and not corrected within 15 days. or if a condition of the permit has been violated more than three times in a 12-month period, the city may revoke the chicken permit. The citv is responsible for the determination of compliance with the requirements of this article. In matters of interpretation, the Development Services Director or desianee has the authoritv to determine compliance with the Code of Ordinances. (4) A person aggrieved by a decision of the Development Services Director or desianee in the issuance, denial or revocation of a chicken permit may appeal to the city manager. A person aggrieved by a decision of the city manaaer may appeal to the city commission. Section 3. Implementing Administrative Actions. Without in any way limiting any provision of this Ordinance, the City Manager, or designee, is hereby authorized to take all necessary actions relative to implementing the provisions of this Ordinance. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Savings. The prior actions of the City of Sanford in terms of the matters relating to any and all actions and activities of the City pertaining to the regulation of noise and code enforcement activities relating to prohibited noise, or any related or associated matters, are hereby ratified and affirmed. Section 7. Codification; Scrivener's Errors. (a). Section 2 of this Ordinance shall be codified and all other sections shall not be codified. (b). The sections, divisions and provisions of this Ordinance may be renumbered or re -lettered as deemed appropriate by the Code codifer. (c). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. Section 8. Effective Date. This Ordinance shall become effective immediately upon enactment. Passed and adopted this 13th day of October, 2025. Attest: Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal sufficiency. dsa Greene ity Attorney City Commission of the City of Sanford I y a' Ma or J CITY OF ' SkNFORD FV-1 utiv WS _ RM x FLORIDA Item No. CITY COMMISSION MEMORANDUM 25.226 OCTOBER 13, 2025, AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Anthony Raimondo, Director of Development Services SUBMriTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Backyard Chicken Ordinance No. 2025-4832 SYNOPSIS: Requesting to adopt Ordinance No. 2025-4832, to modify Chapter 14 of the Sanford Florida Code of Ordinances to allow chickens in residential areas designated for single-family use. FISCAL/STAFFING STATEMENT: There is no fiscal impact to the City of Sanford. BACKGROUND: In 1989, the City of Sanford adopted Ordinance No. 1989-2052, allowing fowl to be kept near dwellings, provided they were at least 150 feet from any occupied residence. The distance could be reduced to 25 feet for the owners of the fowl if the 150-foot buffer was maintained from other dwellings. Since then, the interest in keeping fowl has grown, and several nearby municipalities —such as Deltona, Orlando, Longwood, Maitland, and Winter Garden —have updated their Ordinances to allow it. At the July 14, 2025, City Commission Meeting, the Commission requested a draft ordinance to expand the allowance of fowl in single-family residential areas. This draft reflects input from staff, legal review, Commission feedback, and best practices from other cities. LEGAL REv1EW: This Ordinance was reviewed, edited and approved by the City Attorney. RECOMMENDATION: It is Staff s recommendation that the City Commission adopt Ordinance No. 2025-4832, to modify Chapter 14 of City of Sanford Code to allow for the keeping of fowl under the criteria outlined in the ordinance. SUGGESTED MOTION: "I move to adopt Ordinance No. 2025-4832". Attachment: Ordinance No. 2025-4832