Okaloosa County BOCC — June 16, 2015 — Attachment 3 Ordinance Adopting Revised Livestock Poultry and Bees Incorporating Language added by Planning Commission — reading text

ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA AMENDING THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-01, AS AMENDED; PROVIDING FOR THE REPEAL AND REPLACEMENT OF SECTION 2.21.05.10 OF THE OKALOOSA COUNTY LAND DEVELOPMENT CODE PERTAINING TO THE KEEPING OF LIVESTOCK, POULTRY, AND BEES; PROHIBITING THE KEEPING OF LIVESTOCK IN R-1, R-2, AND R-3 ZONES EXCEPT BY SPECIAL EXCEPTION; PROVIDING FOR DEFERENCE TO STATE LAW FOR THE KEEPING OF BEES; PROVIDING FOR THE KEEPING OF CERTAIN VARIETIES OF CHICKEN AND DUCK IN THE R-1 ZONE BY WAY OF ADMINISTRATIVE ADJUSTMENT AND IN THE R-2 AND R-3 ZONES BY SPECIAL EXCEPTION; PROVIDING FOR THE KEEPING OF HOUSEHOLD PETS AND A DEFINITION OF PET; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, Okaloosa County is a political subdivision of the State of Florida to which Chapter 125 of the Florida Statutes grants broad authority and provides for the adoption of ordinances to provide for self-governance; WHEREAS, Okaloosa County adopted and has from time to time amended Ordinance 91-01 which creates a Land Development Code that includes Chapter 2 which establishes, among other things, the principal, conditional, and prohibited uses within the various zoning districts and provides for the limitations thereon; and WHEREAS, the Board of County Commissioners finds that it is necessary and in the public interest to amend the provisions of Section 2.21.05, Limitations and Restrictions, of Chapter 2 of the Land Development Code, to clarify and further regulate the keeping of livestock, poultry, and bees within the various zoning districts. 1  NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. REPEAL AND REPLACEMENT OF SECTION 2.21.05.10, LIVESTOCK, POULTRY, BEEKEEPING. Section 2.21.05.10, Livestock, Poultry, Beekeeping, of Chapter 2 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby repealed in its entirety and replaced with the following: 10. Livestock; Poultry; Beekeeping: The keeping or harboring of livestock, poultry, or honeybees is permitted only as specified herein. “Livestock” includes all animals of the equine, bovine, or swine class including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals. “Poultry” means all kinds of poultry and includes chickens, turkeys, ducks, guineas, geese, pigeons raised as domesticated food birds, quail, and other domesticated food birds. “Beekeeping” means maintaining a site or location where honeybee hives, frames, supers, pallets, queen excluders, and/or other such equipment used in the cultivation of honeybees and the harvesting of products produced by honeybees. a. Livestock. The keeping or harboring of livestock is not considered customarily incidental to residential uses of property and is prohibited in the R-1, R-2, and R-3 zoning districts unless approved by special exception as provided in d, below. b. Poultry. The keeping or harboring of poultry is not considered customarily incidental to residential uses of property and is prohibited in the R-1, R-2, and R-3 zoning districts except as follows: i. In the R-1 zoning district, chickens (Gallus gallus domesticus) and domesticated ducks (Anas platyrhynchos domesticus - Pekins and Indian runner ducks only) may be approved by an administrative adjustment as specified in Section 1.04.00 of this Code. ii. In the R-2 and R-3 zoning districts chickens (Gallus gallus domesticus) and domesticated ducks (Anas platyrhynchos domesticus - Pekins and Indian runner ducks only) may be approved by special exception as provided in d, below. iii. Roosters are not allowed in the R-1, R-2, or R-3 zoning districts. c. Beekeeping. Beekeeping shall be allowed as authorized and regulated by the State of Florida. d. A special exception may be approved by the Board of Adjustment as specified in Section 11.02.09 of this Code after consideration of the following: 2  i. size of the property involved; ii. nature and character of the adjacent and surrounding area; iii. impact upon the adjacent and surrounding area and zoning districts; iv. potential for nuisance such as water pollution, dust, odor, noise, and vermin; and v. the type and number of animals to be kept or harbored. e. In granting a special exception to allow the keeping of poultry as specified in subsection b., above, the Board of Adjustment will require the following as conditions: I. Roosters are prohibited. II. No person shall slaughter any chickens or ducks on any residential property. III. The sale of eggs or any other products is prohibited. IV. The chickens or ducks shall be provided with a house/coop and must be kept in the house/coop during non-daylight hours. The space per bird in the house/coop shall not be less than four (4) square feet per bird. The house/coop must be impermeable to rodents, wild birds and predators, including dogs and cats. V. Ducks must be provided a wading pool (a children’s “kiddie pool” with a minimum radius of no less than 48 inches will suffice) which must be maintained with clean, fresh water. VI. During daylight hours the chickens or domesticated ducks may be kept either in the hen house/coop or a fenced enclosure in order to allow open air ranging. The top of any fenced enclosure must be covered with fence or chicken wire to prevent the birds from leaving the enclosure and to prevent the entry of predators. VII. Enclosed areas may not be any closer than five feet (5’) from any property line, VIII. All fenced enclosures shall be so constructed and maintained as to prevent the harboring of rodents or other pests within the enclosure. IX. Houses/coops and covered enclosures may not be located in the front yard. X. Odors from chickens or ducks, their manure, or other chicken or duck related substances shall not be detectable at the property boundaries. XI. Houses/coops and enclosures shall be kept in a neat condition, including provision of clean dry bedding materials and regular removal of waste materials. All manure not used for composting or fertilizing must be removed promptly. XII. All feed and other items associated with the keeping of chickens or ducks that are likely to attract or to become infested with or infected by rodents or other pests shall be kept in secure containers or otherwise protected as to prevent rodents and other pests from gaining access. XIII. No dog or cat that kills a chicken or duck will, for that reason alone, be considered a dangerous or aggressive animal. e. The requirements herein shall not apply to the keeping and raising of household pets. “Pet” means any animal kept for companionship or amusement rather than utility, burden, or associated with food products or food production, 3  and which is not otherwise regulated by this code and which is not classified by the Florida Fish and Wildlife Conservation Commission (FWC) as a Class I or Class II wildlife species, a Class III Wildlife Species not exempt from FWC permitting, a Conditional Non-native Wildlife species, or a venomous reptile. Section 2. CONFLICTS. The provisions of this Ordinance shall supersede all Okaloosa County Ordinances, or parts thereof, in conflict herewith to the extent such conflicting ordinances, or parts thereof, regulate the keeping of livestock, bees, or poultry. Section 3. SEVERABILITY. If any provision of the Ordinance is declared invalid, all other provisions thereof shall remain in force and effect. Section 4. INCLUSION IN THE CODE OF ORDINANCES. It is intention of the Board of County Commissioners that the provisions of this Ordinance shall be included in the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve this directive. Section 5. EFFECTIVE DATE. This ordinance shall become effective as provided by law. (This space intentionally blank) 4 PASSED AND DULY ADOPTED in regular session this _____ day of _________, 2015. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: ____________________________________ Nathan D. Boyles, Chairman ATTEST: _________________________________ JD Peacock II Clerk of Circuit Court 5