Substituted & Rereferred 10/22/13
1
Introduced by Council Members Carter and Redman and substituted by
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the Land Use and Zoning Committee:
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4
ORDINANCE 2013-415
5
AN
ORDINANCE
AMENDING
SECTION
6
PART 4 (SUPPLEMENTARY REGULATIONS), SUBPART A
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(PERFORMANCE
8
CRITERIA),
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ORDINANCE
STANDARDS
CHAPTER
CODE,
656.401(A)(3),
AND
656
TO
DEVELOPMENT
(ZONING
CODE),
DISTINGUISH
BETWEEN
10
CHICKENS ALLOWED IN AGR AND RR-ACRE ZONINGS
11
DISTRICTS
12
ZONING
13
SUBSECTION
14
DOMESTICUS)
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(OTHER THAN AGR AND RR-ACRE), REGARDING THE
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KEEPING
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DISTRICTS
18
STANDARDS;
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PART
20
(DEFINITIONS,)
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UNDER SECTION 656.401(LL) FROM THE DEFINITION
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OF
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PROVIDING AN EFFECTIVE DATE.
AND
CHICKENS
DISTRICTS;
(LL),
IN
OF
OTHER
CREATING
ENTITLED
RESIDENTIAL
CHICKENS
SUBJECT
IN
TO
AMENDING
1
IN
POULTRY;
NEW
656.401
CHICKENS
(GALLUS
ZONING
REQUIRED
CHAPTER
REMOVE
PROVIDING
DISTRICTS
RESIDENTIAL
(GENERAL),
TO
A
RESIDENTIAL
ZONING
PERFORMANCE
462
(ANIMALS),
SECTION
462.102
CHICKENS
PERMITTED
FOR
SEVERABILITY;
24
WHEREAS, the concept of local sustainability has inspired an
25
interest in backyard and community food production to provide local
26
food
27
encouragement of community gardens in paragraph 6.3.8 of the City’s
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Future Land Use Element of its 2030 Comprehensive plan; and
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sources,
WHEREAS,
only
a
concept
currently
30
chickens
in
31
Residential-Acre
its
that
the
low
Zoning
is
Zoning
congruent
Code
density/rural
Districts,
but
allows
with
the
Agricultural
not
in
the
City’s
keeping
and
the
of
Rural
urban
Substituted & Rereferred 10/22/13
1
environment; and
2
WHEREAS, many communities in Florida and throughout the United
3
States have been exploring and implementing performance standards
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that compatibly integrate the keeping of backyard chickens into
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their urban residential settings; and
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WHEREAS, chickens are social not solitary animals, can make
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good pets, and findings indicate that five (5) are sufficient to
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meet the needs of the average family’s egg consumption; and
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WHEREAS, residents of the City living in residentially zoned
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areas that are not allowed to keep chickens have indicated a desire
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to do so, asking that special attention be initiated as to how
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chickens can be successfully and lawfully integrated into their
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residential environments; and
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WHEREAS,
the
findings
and
recommendations
of
the
City’s
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Planning Commission and its City Council have been considered; now
16
therefore
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
Purpose
and
Intent.
The
purpose
of
this
19
ordinance is to provide appropriate standards and regulations for
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the keeping of chickens for non-commercial purposes within an urban
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residential environment.
22
limitations
23
properties and residents, and to provide for the health and safety
24
of the chickens.
25
Section
so
2.
as
to
The ordinance establishes standards and
avoid
Section
adverse
656.401
impacts
(Performance
on
neighboring
standards
and
26
development criteria), Ordinance Code, Amended.
27
(Performance
28
(Performance Standards and Development Standards Criteria), Part 4
29
(Supplementary Regulations), Chapter 656 (Zoning Code), Ordinance
30
Code, is amended to read as follows:
31
Standards
and
Development
Criteria),
CHAPTER 656. ZONING CODE
2
Section 656.401
Subpart
A
Substituted & Rereferred 10/22/13
1
*
2
PART 4, SUPPLEMENTARY REGULATIONS
3
*
*
SUBPART A. PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA
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Sec. 656.401. Performance standards and development criteria.
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It
is
the
intent
of
the
City
of
Jacksonville
that
these
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supplementary standards and criteria be read in addition to, rather
7
than
8
following uses, whether permitted or permissible by exception, must
9
meet
10
11
12
in
lieu
the
of,
criteria
any
other
listed
requirement
under each
use
in
as
this
a
Chapter.
prerequisite
The
for
further consideration under this Zoning Code.
(a)
Animals.
(1)
Horses and ponies are kept for private riding use
13
only and the minimum lot area shall be not less than one
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and one half acres. The same shall be kept inside a
15
fenced enclosure.
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17
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(2)
Goats, sheep or swine shall not be kept or permitted
within 200 feet of a private property line.
(3)
In the AGR and RR-Acre zoning districts, poultry,
19
including
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permitted on a property, provided that a shelter for the
21
poultry, not less than 50 feet from any property line, is
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constructed and maintained. For performance standards and
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requirements concerning chickens (Gallus domesticus) in
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other
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656.401(ll) below.
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poultry, which shall be located not less than 50 feet
27
from any property line.
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the ADR and RR Districts only.
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30
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(4)
chickens
residential
(Gallus
zoning
domesticus),
districts
see
shall
be
subsection
A shelter shall be provided for any
Poultry shall be permitted in
Animals other than household pets shall not be kept
for commercial purposes.
* * *
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Substituted & Rereferred 10/22/13
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(ll) Chickens (Gallus domesticus) in Residential Zoning
Districts (Other Than AGR and RR-Acre).
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1. For the purpose of this subsection, a chicken (Gallus
4
domesticus)
refers
only
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chickens (Gallus domesticus) shall be permitted in the RLD-120,
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RLD-100B,
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conjunction with a single family dwelling in the RMD-A, RMD-B, RMD-
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C, RMD-D, RMD-S and CRO-S Districts. Five (5) additional chickens
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may be permitted per each additional 21,780 square feet in size
RLD-90,
to
RLD-70,
a
female
RLD-60,
chicken.
and
RLD-50
Up
to
five
Districts,
(5)
or
in
10
above one (1) acre.
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gross area of premises harboring such chickens and include areas
12
used by the resident for residential or other purposes, in addition
13
to
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performance standards and development criteria:
the
keeping
The aforementioned land requirements are the
of
the
chickens,
Chickens
subject
to
be
kept
fenced
or
wired
(i).
16
enclosure
17
required in conjunction with a coop to provide an
18
outside
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predators and of a size that allows access to a
20
foraging area, sunlight, etc.) at all times. A coop
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is herein defined as a covered house, structure or
22
room that will provide chickens with shelter from
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weather
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predators.
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(ii). The coop shall be screened from the neighbors’
26
view, using an opaque fence and/or landscape screen.
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(iii). Any chicken coop and fenced enclosure shall
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be located in the rear yard of the property, unless
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the property is deemed to have double frontage on a
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navigable waterway. No coop, enclosure or chickens
31
shall be allowed in any front or side yard (corner
exercise
and
area
with
a
4
for
roosting
within
following
15
(a
shall
the
in
area,
chickens
area
a
coop
or
free
protected
or
pen,
from
from
Substituted & Rereferred 10/22/13
1
lots and through lots shall be excluded from side
2
setback restriction) unless as otherwise described
3
above.
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(iv). If the coop exceeds 100 square feet in size
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(10 foot by 10 foot), a building permit must be
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obtained from the City’s Planning and Development
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Department.
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(v). The coop shall be covered and ventilated, and a
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fenced
enclosure/run
so
that
is
required
there
well
drained
11
moisture.
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completely
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openings,
14
(fencing or roofing is required over the enclosure
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in addition to the coop).
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(vi). The coop shall provide a minimum of three (3)
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square feet per chicken and be of sufficient size to
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afford free movement of the chickens. The coop may
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not be taller than six (6) feet measured from the
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natural grade, and must be easily accessible for
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cleaning and maintenance.
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(vii). All stored feed shall be kept in a rodent and
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predator proof container.
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(viii). Chickens may not be kept on duplex, triplex
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or in multifamily properties. Chickens are allowed
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in
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allowed
28
recreational
29
communities.
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(ix).
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turkeys,
coop
secured
from
ventilation
manufactured
within
No
and
home
accumulation
enclosure
doors
subdivisions
home/
vehicle
home
5
pheasants,
and
but
parks
quail
be
gates
are
not
home
or
ducks,
or
of
including
manufactured
chickens/roosters,
peafowl,
shall
predators,
holes,
mobile
male
no
is
10
The
is
that
any
or
rental
geese,
other
Substituted & Rereferred 10/22/13
1
poultry or fowl may be kept under this subsection of
2
the Zoning Code.
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(x). The slaughtering of chickens on the premises is
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strictly prohibited and therefore not allowed.
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(xi).
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The selling of chickens, eggs or chicken manure, or
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the breeding of chickens for commercial purposes is
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prohibited.
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(xii). Chickens shall not be permitted to trespass
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on neighboring properties, be released or set free
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and shall be kept within a coop and enclosure at all
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times.
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(xiii).
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maintained in a clean and sanitary condition at all
15
times.
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nuisance
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contribute to any other nuisance condition.
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(xiv).
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for that reason alone, be considered a dangerous
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and/or aggressive animal.
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(xv). Chickens that are no longer wanted by their
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owners
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Protective
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Said
25
identified
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will accept and place any and all unwanted chickens.
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Animal Care and Protective Services shall maintain a
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list of approved locations for the abandonment of
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chickens.
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(xvi). Residents wishing to acquire chickens for use
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in residential districts under this subsection, or
Chickens shall be kept for personal use only.
Chicken
coops
and
enclosures
shall
be
Chickens shall not be permitted to create a
consisting
of
odor,
noise
or
pests,
or
No dog or cat that kills a chicken shall,
shall
not
be
Services,
chickens
shall
locations,
6
taken
nor
to
shall
be
such
taken
as
Animal
they
to
be
Care
released.
certain
Standard
and
Feed
prethat
Substituted & Rereferred 10/22/13
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that currently have existing chickens, must evidence
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the completion of a chicken keeping seminar from the
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Duval
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completion of the chicken keeping seminar shall be
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maintained at the residence and provided to City
6
staff upon request.
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Section 3.
County
Chapter
Agricultural
462
(Animals),
Extension.
Part
Proof
1
of
(General),
8
Ordinance Code, Amended.
Chapter 462 (Animals), Part 1 (General),
9
Ordinance Code, is hereby amended, in part, to read as follows:
10
CHAPTER 462. ANIMALS
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PART 1, GENERAL
12
*
13
Section 462.102. Definitions.
14
For purposes of this Chapter, the following terms shall have
15
the
following
16
otherwise.
definitions
unless
17
*
*
*
the
*
context
clearly
requires
*
18
(u).
Household pet means an animal including, but not limited to:
19
dog, bird, domesticated cat, rodent, such as a gerbil, guinea pig,
20
hamster, domesticated mouse, and domesticated rat; domesticated or
21
European ferret, rabbit, fish, nonvenomous reptile and amphibian;
22
that is kept as subordinate to residential use for the purpose of
23
providing human companionship and that is not protected by the
24
Commission and that does not require a permit by the Commission to
25
possess for personal use.
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household pets: wild animals as defined in this Section; poultry,
27
as defined in this Section, with the exception of chickens (Gallus
28
domesticus) allowable pursuant to Section 656.401 (ll), Ordinance
29
Code, livestock, as defined in this Section; and hoofed animals of
30
any kind, including but not limited to, miniature horse, miniature
31
goat
and
teacup
pig,
The following animals are not considered
except
that
7
purebred
miniature
Vietnamese
Substituted & Rereferred 10/22/13
1
potbellied
pigs,
kept
for
the
2
companionship and which are in compliance with all the applicable
3
portions of this Chapter are not considered livestock.
4
sole
*
5
Section 4.
Severability.
*
purpose
of
providing
human
*
If any section, sentence, clause,
6
phrase, or word of this Ordinance is, for any reason, held or
7
declared to be unconstitutional, inoperative or void, such holding
8
or
9
Ordinance, and it shall be construed to be the legislative intent
invalidity
shall
not
10
to pass this Ordinance
11
inoperative part therein.
12
Section 5.
affect
the
remaining
portions
of
this
without such unconstitutional, invalid or
Effective Date.
This
Ordinance
shall
become
13
effective upon signature by the Mayor or upon becoming effective
14
without the Mayor’s signature.
15
16
Form Approved:
17
18
__/s/ Paige Hobbs Johnston
19
Office of General Counsel
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Legislation Prepared By: Paige Hobbs Johnston
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