Charlotte County Florida ordinances

[suebbrown50]

Mr. Deutsch,
I would like to know how you feel about changing the residential code regarding the keeping of backyard chickens (hens only). Many towns, cities and urban areas all across the country have adopted changes to their zoning code to permit residents to have up to five hens, if kept properly penned or fenced in residential areas.
There is a definite move underway to increase individual self-sufficiency and to encourage people to consume food (both plant and animal) grown within a one hundred mile radius of their home. Allowing backyard chickens is just one of many ways that people can guarantee that they consume organic eggs from happy, well cared for hens.
Would you support such a change to the residential zoning code? Would you assist me and guide me regarding the steps to follow to affect such a change?
Thank you.
***************************************************************************
Dear Ms. Brown –
Thank you for your email on the changes to the code regarding hens (chickens).
I have to admit that I don’t know much about this issue, therefore, I will be looking into
what this change might entail..
When I receive the information on current zoning regulations and why they are not allowed,
I will then ask the questions of why they are not allowed and if we can change the code.
Thank you again for your email and I will be in touch.
Stephen R. Deutsch, County Commissioner
*****************************************************************
Here is what I've now sent to all 5 commissioners.
Ms. Duffy,

Thank you for your time. I contacted Mr. Deutsch a few days ago before realizing I live in your district. He responded. But since all commissioners will have to vote on this subject to affect a change in the municipal code I wanted to address this to all five commissioners. A copy of my original message to Mr. Deutsch is attached with his response.

I believe the issue of permitting chickens in residential zoned areas has been placed on your meeting agenda and then delayed to later sessions, on and off over the last two years or more. If that is not accurate, then I apologize. If it is accurate, then having the County Commissioners address this issue is long overdue. As of yesterday it is slotted for the public portion of your meeting on September 9th. I'll be out of town that day, but I know several chicken enthusiasts who plan to attend, so their voice can be heard. I'm not sure if the current proposal addresses the entire issue of having backyard chickens in almost all residential zones.

A few months ago I was told by a neighbor with chickens, that they were permitted. I built an appropriate coop and got some hens. Last week I was served with a notice of Code Violation and was given 10 days to remove the chickens. I found an an appropriate home for them in Myakka City. It broke my heart to get rid of them, so I am determined to get the Municipal Code changed so that chickens are permitted.

Some of my preliminary research shows that many incorporated municipal and urban areas in Florida permit their residents to have "backyard chickens." I believe the following cities and areas permit chickens:
Tallahassee
Tampa
Cape Coral
Sarasota
Pensacola
Pembroke
Panama City
Oviedo
Orange County
Orlando
Orange Park
Jacksonville
Gainesviille
Broward County
Lady Lake
Hialeah
Saint Petersburg
Palm Coast
Jupiter
Saint Augustine
Melbourne
Titusville
Lutz
Pinellas Park
Ocala
Lakeland
Bonita Springs

Although not a complete list, you might be interested in knowing that chickens are permitted in these cities also:
Brooklyn, NY
New York City, NY
Rochester, NY
Buffalo, NY
Dallas, TX
San Antonio, TX
Austin, TX
Houston, TX
Denver, CO
Colorado Springs, CO
Boulder, CO
Fort Collins, CO
Provo, UT
Salt Lake City, UT
Salt Lake County, UT
Oklahoma City, OK
Tulsa, OK
Raleigh, NC
Durham, NC
Asheville, NC
Charlotte, NC There are hundreds of other cities, too numerous to mention.

Having hens in your back yard is no different from having a dog in a pen, except they don't bark, they don't bite, and you eventually get free breakfast.

I don't have a copy of what code modification might be pending, but this is my rough draft of what the proposed code SHOULD say:

Chickens are permitted, with the following provisions, in all RSF zoned areas, to include RSF-1, RSF-2, RSF-2.5, RSF-3.5 and RSF-5, and also in RMF zoned areas where the residence buildings are either “Patio Homes” "Townhouses" or “Two family homes” and there is a clearly defined yard or area belonging to each resident.

1) A household my have up to 6 (six) hens. Residents should specifically purchase “sexed” chicks and not “straight run” chicks which tend to be approximately 70 or 80% roosters.
2) No roosters are permitted. In the event someone gets a chick and later discovers that it is a rooster that bird must be removed from the property within 7 (seven) days of when it begins to crow. 3) A secure coop or enclosure must be provided with a minimum of twelve inches of roosting bar space per hen and a nesting box for the hens to use while laying eggs. The coop should be placed in a shady location or otherwise designed to minimize the temperature inside the coop during the warmer months.
4) A pen enclosure must be provided with a minimum of four square feet of ground space per bird. Care should be taken to ensure that adequate amounts of shade are available and that excess water drains away so that birds are not left standing in water.
5) Clean drinking water and an adequate food supply must be provided to the hens.
6) The hens may be permitted out of the coop and enclosure to “free range” provided the owner can ensure the hens cannot go onto another persons property. This would normally be accomplished through the use of a fence or other barrier.
7) The coop and pen must be maintained at an acceptable level of cleanliness to ensure that the birds remain healthy and there is no offensive odor affecting adjacent residents.
8) Complaints made solely because of the presence of chickens will not be accepted by the Code Enforcement office. However, if an owner fails to properly care for their hens by following these provisions, they may be cited by the Code Enforcement officers and given 30 days to correct the problem. Failure to correct the violation in 30 days may be justification for the owner being fined for the infraction. or the animals being removed if it is deemed they are being neglected, or abused.


I hope this helps to clarify the subject of "backyard chickens". Most people don't realize that a rooster is not needed for hens to lay eggs. A rooster is only needed to produce fertile eggs. Hens don't crow at sunrise, only roosters crow. Hens, when properly raised are docile, loving animals who eat lots of insects and kitchen scraps, produce excellent fertilizer and then give you the added benefit of a free breakfast.

I'd like to introduce you to "Buffie". She is particularly friendly, enjoys being held and having her tail fluffed . . . unfortunately, I don't have her anymore.

Please help us get the municipal code amended quickly so that other chicken enthusiasts can keep their girls.
If you need any other information don't hesitate to contact me.

Thank you for your time and attention.

 

[EightIsEnough]

I loved in Will and DuPage Counties in IL before I moved to Charlotte County in FL - small world. Thanks for the support and information. I was told I that my anonymous neighbor would never be revealed. That is why the county has an anonymous option, in case there would be bad blood or revenge against the person who reported the violation to the county. I will look on the website for the Freedom Act form.

 

[EightIsEnough]

suebrown50 - thank you for all the info and writing to all the commissioners. My commissioner, Ken Doherty and I have been playing phone tag. I was pleasantly surprised, he and his associate have been reaching out to me to discuss the issue. I will let everyone here know what he says. I would be glad to collect names, etc. I am interested to see what the zoning board has proposed.they promised to send the latest proposal to me in e-mail. I like what you wrote. I'd go for more hens but again. Living on 5 acres, 6 hens seems like a small number. Yet any number is better than zero! I plan to be at the Sept 8 zoning meeting and the Sept 9 board meeting, even though I was told that the Sept 9 meeting will not be discussing the zoning. So much has been said that I figure I would attend both. Appreciate your fight - I am with you.

 

[suebbrown50]

To: Eight Is Enough

That's why I said it was a rough draft. Obviously I lost my focus on the "whole county" and was thinking more of inside Port Charlotte. Perhaps you could suggest a guideline that relates to numbers of chicken per 10,000 square feet of land, or per acre?

We might also wish to permit rooster if the property is greater than a certain size.

I'm gad Mr. Doherty is trying to reach you. It will be a much speedier process if we can get them all on board. I'm hoping that by pointing out how many cities in FL already permit chickens they might be more amenable to changing our code without fear of backlash and voter discontent.

I am sorry I won't be here on Sept 9th. If my emails inform the commissioners about this, then chicken enthusiasts come forward on the 9th, and they might be more likely to vote on it come November or December.

 

[mason360]

I got the day off, so I will see you guys at the Murdock building on September 9th at ?????? (What time?)

 

[EightIsEnough]

Great look forward to meeting you - the meeting is at 9:00am - there is a Zoning Committee Meeting the day before on Monday. That is in the same building (County Building on Murdock by the Town Center Mall) but at 1:30pm, room 119.

Still confused as to the meetings - since my contacts first told me 9/9 and then said 9/8. So that is why I am going to both. See what they are talking about.

 

[Margy1]

Hi, we have had our chickens for about 3 weeks now. We live in Punta Gorda, and we live outside of city limits (i've tried to get a picture of the zoning map of where we live, but my computer is being dumb right now and wont upload it) here is a link to the map though http://www.ci.punta-gorda.fl.us/userdata/growthmgmt/Zoning8X11_002.pdf, we live in the white area right up next to Marion Ave. Does anyone know if these ordinances pertain to us? I've been so worried we have little babies and I can't imagine getting rid of them!
This was a week or two ago.
and shes our big one. Any ideas?

 

[EightIsEnough]

Margy 1 - Just Hatched - Hi

Per what I understand there are NO chickens allowed in Charlotte County, unless you are zoned AG (agriculture), and I not sure that is even correct. SO whether you are in City Limits or not the County rules are the ones that apply. I am on unincorporated RE-5 (residential estates 5 acres) and I am not allowed chickens because I am in Charlotte County. Hope that helps/

For now I would keep your girls protected and less obvious. I know all too well how painful it is to have to give up your chickens because of zoning and county rules, or nose-y neighbors.

Come and be a part of the attendees at the upcoming board meetings - we are for chickens in Charlotte County!

Zoning Committee Meeting 9/8 Room 119, 1:30pm (County Building on Murdock by the Town Center Mall)
Charlotte County Board Meeting 9/9 Room 119 9:00am (County Building on Murdock by the Town Center Mall)

Still looking to firm these meetings up since I have gotten mixed info as to which meeting they will discuss the zoning (that includes chickens).

 

[EightIsEnough]

suebrown50 - Hi

Thank you for all your suggestions and input and e-mails and support. Will work up something related to large land tracks and chickens. At one time the zoning proposal had 12 chickens per acres if zoned AG (agriculture). But that has been removed from the zoning proposal. And that did not include roosters - which I found that HARD to believe - AG and no roosters (?).

E-mailing Ken again since our phone tag(s) not getting us/me anywhere.

Still waiting for the e-mail from the Zoning Community. Their rep said they would "e-mail" me with the latest zoning proposal and the section about chickens in Charlotte County. I have to get on them as well.

Will keep pushing!

 

[suebbrown50]

To Eight Is Enough If you give me an email address I can send you a better copy . . . .

I've tried expanding my "Chicken Code Proposal". I included all of the RE properties. Any thoughts? I still have no roosters in RSF and RMF properties.

To: Anyone reading this . . . this is a PROPOSAL of how we want to change the Municipal Code. At present chickens / hens are only permitted in property zoned Agricultural (AG). They are not permitted anywhere else in all of Charlotte County regardless of how rural your property might be. So, if you have chickens you'd better get on board with all of us to try to get the Municipal Code changed.


This is my PROPOSAL:


Chickens are permitted, with the following provisions, in all RSF zoned areas, to include RSF-1, RSF-2, RSF-2.5, RSF-3.5 and RSF-5; in all RE zoned areas, to include RE-5, RE-4, RE-3, RE-2 and RE-1; and also in RMF zoned areas where the residence buildings are either “Patio Homes” “Townhouses” or “Two family homes” provided there is a clearly defined yard belonging to each individual residence within the multiple family unit.
1) Each household will be permitted up to a specific number of hens based on how their land is zoned as outlined in the chart contained below. We encourage residents who cannot have roosters to specifically purchase “sexed” chicks and not “straight run” chicks which tend to be approximately 70 or 80% roosters.
2) Roosters are not permitted in any of the RSF or RMF zoned properties. They are permitted in RE properties as outlined in the chart. In the event someone living in a zone which does not allow roosters, gets a chick and later discovers that it is a rooster that bird must be removed from the property within 7 (seven) days of the first date that it begins to crow.
3) A coop must be provided with a minimum of twelve inches of roosting bar space per hen and an appropriate number of nesting boxes. The coop should be placed in a shady location or otherwise designed to minimize the temperature inside the coop during the warmer months.
4) A pen enclosure must be provided with a minimum of four square feet of ground space per bird.
5) Clean water and an adequate food supply must be provided to the hens.
6) The hens may be permitted out of the enclosure to “free range” provided the owner can ensure the hens cannot go onto another persons property. This would normally be accomplished through the use of a fence or other barrier.
7) The coop and pen must be maintained at an acceptable level of cleanliness to ensure that the birds remain healthy and that there is no offensive odor affecting adjacent residents.
8) In the event a residence is in a deed restricted community then the guidelines set forth in those restrictions will take precedence over the municipal code as relates to chickens. A resident in such a community would be required to obtain special permission from their community resident association in addition to meeting the qualifications as set forth in this provision.



Lot size Maximum number of hens permitted Maximum number of Roosters permitted
RSF - 1 40,000 sq ft 30 0
RSF - 2 20,000 sq ft 20 0
RSF - 2.5 15,000 sq ft 15 0
RSF - 3.5 10,000 sq ft 10 0
RSF - 5 7,500 sq ft 6 0
RE - 1 1 acre 30 1
RE - 2 2 acre 40 2
RE - 3 3 acre 50 3
RE - 4 4 acre 60 4
RE - 5 5 acre 70 5

RMF * 4 0


* RMF zoned areas where the residence buildings are either “Patio Homes” “Townhouses” or “Two family homes” provided there is a clearly defined yard belonging to each individual residence within the multiple family unit.Chickens may not be placed on property that is "common access and use" areas. Chickens are not permitted in RMF zoned properties such as condominiums or apartments,