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.
If the MUNICIPALITY says City of Sarasota, North Port, or Venice, you can
have chickens pursuant to their rules. Venice is actually silent on the subject, but does say it "is unlawful for any person to allow chickens . . . or other domestic fowl to run at large within the city." So be considerate -- no roosters and respect your neighbors. If it says Town of Longboat Key, the answer is no backyard chickens 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?
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. If you are in OUA or OUR you can have more.
County 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.
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.