Okaloosa County BOCC — August 19, 2014 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 19, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Information for Backyard Chicken Discussion and Direction DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners has expressed interest in allowing the keeping of chickens in residential areas. In order to allow such activity, it is necessary to amend various portions of the County Code to eliminate conflicts with such an activity. BACKGROUND: Numerous communities across the country, including cities and counties in Northwest Florida, have amended their land development codes and other regulations to allow the keeping of poultry as an accessory activity to residential use. While each community addresses this issue according to its own needs, a number of common practices become apparent as illustrated by the attached Comparative Table which summaries various communities' requirements (their actual code sections are also attached). Setbacks from property lines, separation requirements from inhabited buildings, the number of birds kept, and enclosure requirements are among the commonly regulated elements of raising chickens in residential areas. Some of the more common practices include: 1. Allowing chickens in rear and side yards only 2. Establishing property line setbacks, typically between 5 and 10 3. Establishing minimum distances from adjacent residential properties, typically between 20 and 30 feet 4. Establishing a maximum number of birds, 4 to 8 per residence is typical 5. Providing requirements for coops/hen houses, typically 2 - 4 square feet per bird 6. Ensuring that coops and outside enclosures are secure against predators 7. Ensuring that food containers and enclosures are secure against rodents and pests 8. Roosters are usually prohibited 9. Most ordinances reviewed do not allow the sale of eggs from chickens produced by backyard flocks, they are for the consumption of the owners of the chickens only It should also be noted that the Crestview livestock provisions attached hereto are a draft recently discussed but not voted on by the City Council. The minutes of the workshop are included as the issues raised may be applicable to County deliberations. In Santa Rosa County chickens are addressed through the nuisance animal provisions of their Code which provides no specific standards as to the location, number, or housing of chickens on any property. The same is true for Walton County, although discussions with Walton county staff indicate they are considering whether to adopt prohibitions on chickens in residential areas due to complaints. In addition to the regulations discussed above, a study of over 100 local government backyard chicken ordinances across the country was published in the September 2012 edition of the Environmental Law Reporter. This study includes a model ordinance that incorporates many of the provisions discussed above, and could serve as the basis for a local regulation. The provisions of the model ordinance are provided in the comparative table. While the issues associated with the keeping of poultry are addressed in various parts of the County Code, most particularly section 2.21.05.10 (keeping of livestock), section 9.02.03 (Community Noise Abatement), and 5-32.d (Animal Sheltering), none of these sections provides any of the types of standards that have been enacted by other communities specific to poultry. Therefore, if the Board of County Commissioners wishes to allow the keeping of "backyard flocks" for the production of eggs and possibly meat, staff recommends that the Code be amended to provide specific standards so that, in the event of complaints, the enforcing agencies have clear rules to enforce. Enforcement is an important consideration. The County's contract with the Panhandle Animal Welfare Society (PAWS) makes that agency responsible for enforcing "all applicable Okaloosa County ordinances and Florida statutes relating to animal control." If the County adopts specific standards for the housing of chickens, the impact on PAWS' workload, as well as potentially the Code Enforcement Division and the Sheriff's office, will need to be considered. OPTIONS: The Board has three options: 1) it can direct staff to begin the drafting of regulations to allow the keeping of poultry in residential areas; 2) it can direct staff to conduct further research and bring back more refined recommendations; or 3) it can take no action. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners consider the information provided herein, and direct staff as to its intentions regarding allowing the keeping of chickens as accessory to residential uses. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator