Wednesday, October 12, 2016

Citizens Guide to Where Chickens May be Kept in Sarasota County

Can I legally keep chickens in Sarasota County?

 Do Some Research
In order to find out what chicken rules apply to you in Sarasota County, you need to know several things: whether you live in a city or the unincorporated county, and what zoning district are you in. To find out go to the Sarasota Property Appraiser’s website and enter the street address or property owners name. Then click on SEARCH at the bottom of the form. You’ll see a list on the right that describes various aspects of your property, including LAND AREA (area of your lot in square feet) MUNICIPALITY (if you live in a City with its own, separate rules) and ZONING.

 Do you Live in One of Four Cities?
If the MUNICIPALITY says City of Sarasota or Venice, you can have chickens pursuant to their rules. If it says Town of Longboat Key or North Port, the answer is no backyard hens, but people in North Port are working on it. If it says Sarasota County you will be governed by Sarasota County rules. Make a note of your zoning code.

                       Do you Live in a Mandatory Homeowner Association Neighborhood?
 Before going further, figure out if you live in community with a mandatory homeowners association (HOA). These are the places that have mandatory annual fees and which can put a lien on your house if you don’t mow your lawn or follow other rules you agreed to. The rules in these mandatory HOA’s take precedence over the County rules and you are governed by them and you need to consult those rules. If you live in a traditional neighborhood with no neighborhood association or a voluntary one, the County rules will apply.
 Zones RSF, RE-2, RE-3, and RC 
If your zoning code is any of the following: RSF, RE-2, RE-3, and RC you will now be allowed to have up to four hens. Go forward to the section summarizing the rules that apply.

OUE Zoning
If your property is zoned OUE, things are a little trickier. You need to determine your neighbor’s zoning. Back on the Property Appraiser’s website, click on MAP to see your property’s dimensions and your adjoining lots. As you click on surrounding lots a box will come up with some info, click on the Property Detail Page to see what your neighbors’ zoning is and make a note.

If you have an OUE parcel five acres or greater, then there is no limit on the number of chickens and you have a fifty foot setback for the coop. (To convert your parcel’s area in square feet to acres, divide by 43,560) If your OUE parcel is less than five acres and you are adjoining other OUE properties, then you have a fifty foot setback for the coop. If any adjoining properties are residential (RE, RSF, RH, RMH) then for those parcels you have a hundred foot setback for the coop and the birds when they are out of the coop. You only have to meet the greater setbacks adjacent to RE, RSF, RH, and RMH zoned properties. So if your side neighbors are OUE, use the 50 setback, but if your back neighbor/s is/are RE, RSF, RH, or RMH the coop and hens will have to be 100’ back.

So if you are zoned OUE and your side neighbors are also OUE (and assuming you have a rectangular parcel and your coop is no more than 6 feet wide), any lot wider than 106’ will work. If your have back neighbors zoned RE, RSF, RH, or RMH, the coop and chickens will have to be set back 100’ to be legal.
 More on OUE and RE1
The Sarasota County Zoning Administrator wrote to say: “What we are essentially trying to do is say if you are OUE, RE1, you are not restricted in the number of chickens that you can have.

Small Non-conforming OUE Lots
If you have a nonconforming OUE lot less than one acre in size, then the verbiage in 5.3.1.a.8 (see Ordinance 2016-044) kicks in and you will be treated as any other nonconforming lot, which means you would conform to the closest zoning district similar in use which will be an RSF lot.


RULES for RSF, RE-2, RE-3, and RC ZONING DISTRICTS

The keeping of chickens is allowed if the following standards are met:

1.   No more than four (4) chickens may be kept, with roosters prohibited;

2. No person shall slaughter any chickens;

3. The chickens shall be provided with a movable covered enclosure (i.e. "hen house/coop") and must be kept in the covered enclosure or a fenced enclosure at all times. Chickens must be secured within the movable henhouse/coop during non-daylight hours;

4. The space per bird in the henhouse/coop shall not be less than four (4) square feet per bird;

5. No covered enclosure or fenced enclosure shall be located in the front yard or side yard, nor shall the henhouse/coop be closer than ten (10) feet to any property line of an adjacent property, nor within twenty-five (25) feet of any adjacent residential structure. [OUE setbacks can be greater – see above] Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries;

6. All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. The henhouse/coop must be impermeable to rodents, wild birds, and predators, including dogs and cats. Enclosures shall be kept in neat condition, including provision of clean, dry bedding materials and regular removal of waste materials. All manure not used for composting or fertilizing shall be removed promptly;

7. All feed and other items associated with the keeping of chickens that arelikely to attract or to become infested with or infected by rodents or other pests shall be kept in secure containers or otherwise protected so as to prevent rodents and other pests from gaining access to or coming into contact with them;

8. The sale of eggs or any other chicken products generated is prohibited.

9. Nothing in this subsection shall affect any homeowner association declarations or restrictions.

10. Chickens that are no longer wanted by their owners shall not be taken to
Animal Control, nor shall they be released. Unwanted chickens may be taken to Health & Human Services Mosquito Control Division for utilization in the Sentinel Chicken Program.


11. These provisions shall sunset on January 1, 2019, unless reviewed and saved from repeal, through reenactment by the Board of County Commissioners. In the event that this ordinance sunsets, the keeping of any previously allowed chickens shall be considered a nonconforming use for five years thereafter.


Saturday, August 20, 2016

SRQ Planning Commission's Unanimous Support

If you'd like to watch the Planning Commission testimony and commission discussion and vote, please take the following link and advance (using the slider at the bottom) to 2:48. Our agenda item lasts 52 minutes. The date is listed as the 19th, but it was the i8th
And please mark your calendars for the September 20th Board of County Commissioners meeting. This will a DAYTIME meeting in downtown Sarasota and we don't know if it will be morning or afternoon yet. This will be THE most important meeting! 

Tuesday, June 14, 2016

North Port Nixes Hens Again

Despite strong support from Commissioner Yates and Mayor Moore, the North Port City Commission once again sunk an effort to have staff draft a backyard hen ordinance based on the successful experience of the City of Sarasota. 

Commissioner Cook's objection to my being able to speak for more than three minutes signaled her continued, and strident, opposition to backyard chickens and Commissioner Tom Jones seemed concerned about the possibility of residents living in mandatory Homeowner Associations (such as Sabal Trace) being unable to prevent poultry. (The City of Sarasota makes it clear that mandatory HOA regulations take precedence over the Citys' ordinance.) That left former supporter Vice Mayor DiFranco, a former chicken owner, as the swing vote. 

Commissioner DiFranco argued that while she had supported backyard hens previously, contact with the community had convinced her that the majority of North Port residents opposed hens. 

Her argument was bolstered by the fact that only three North Port residents argued strongly for hens, and they were offset by three residents (including the ever-entertaining and feisty Buddy Hughes) who argued against. Another citizen thought chickens could be appropriate on large lots with tight regulation. 

Opponents frequently cited property rights ("I don't want to look at coops or cows.") and a concern about property values, although no information or testimony has been brought forward at any level that backyard hens decrease property values. In fact, a recent article documents the fact that chicken coops are being included in some real estate ads as amenities. 

One prominent Sarasota realtor has said "If your neighbor has three lawn ornaments or paints their house pink, that will have more effect on the ability to sell your house than if they have backyard chickens." 

Research presented in a comprehensive study of 100 cities that allow chickens concluded that: "As of yet, no studies have been done on how backyard chickens in particular affect property values, but given that communities express little concern that other pets, such as dogs or cats, reduce property values, and given research showing that pets and urban agricultural practices can increase them, there is little reason to believe that allowing backyard chickens will negatively affect them."*

Commissioners Moore and Yates will need more citizen support if they are to challenge Commissioner DiFranco's conclusion that the community support just isn't there. Of course, the majority of Sarasota City residents never said they favored chickens -- proponents simply demonstrated that allowing chickens posed no discernible threat to residents.

*Illegal Fowl: A Survey of Municipal Laws Relating to Backyard Poultry and a Model Ordinance for Regulating City Chickens by Jaime Bouvier 
Jaime Bouvier is Visiting Legal Writing Professor, Cleveland-Marshall College of Law. 

Thursday, May 12, 2016

NEXT CLUCK MEETING • MAY 25TH

Our next Sarasota CLUCK meeting will be held Wednesday May 25th at 6:30 p.m at the Farm Bureau Building at 7289 Palmer Blvd. Sarasota 34240.




Now that the County is moving forward, we'll be discussing strategy and how we can help county planning staff in their efforts.

We'll be looking for volunteer speakers, people that can help with enforcement, and great local personal testimony. We'll also have a chance to introduce veterans from our successful campaign seven years ago that led to chickens being allowed in the City of Sarasota.
This is a chance to connect with Sarasota's chicken underground and organize for the final push.