DEVASTATED!!! ..... anyone, please help.

[chics in the sun]

I'm thinking that if it is taking you this much work and time to figure out what the laws/ ordinances really are, they aren't too concerned about it and chances are you would not get in trouble as long as it is a clean, quiet little flock of hens. (no roos) Sometimes those rules are really just there to use if someone is a nuicance or not carring for their animals properly.

 

[kidcallous]

If anyone has about 20 minutes to kill, this is the "ANIMAL CONTROL" Municode for my county.

http://library8.municode.com/default-test/home.htm?infobase=10731&doc_action=whatsnew

SORRY: You'll have to click chapter 6 - animal control.

It's so vague... the definition of animal is "any living, dumb creature". The only mention of "livestock" has to do with the transport of it.

 

[theFox]

You can have chickens in Hernado County only if your lot is properly zoned, most of the "standard" Residential Zones do not allow it. There are some Rural Residential zones that have agricultural uses allowed.

The rules of construction are simple if the use is not specifically allowed it is forbidden.

You can attempt to get the zoning rules changed, request a variance, move to a zone where that use is permitted, or leave the county.

There is nothing vague about those zoning laws.

 

[kidcallous]

So I guess I'll go to the county and ask how to propose a new ordinance or am I trying to change an existing ordinance?

I think the chances of them granting a zoning variance is slim... I have never had much to do with my local gov, so I just don't know where to start. I can build a case as to why they should adopt a new ordinance, I just don't know the procedure. The people answering the phones at the county offices aren't much help unfortunately...

 

[Sonoran Silkies]

Back before chickens became legal in all single family residential zones in Tempe (my city), every variance request for chickens was approved. (I did research

) I recall reading meeting minutes where one of hte Board of Adjustments members was opposed in one case as the request came from someone who lived in an HOA, but the overall consensus was that HOA rules were not a city concern; HOA rules would still apply, so the resident would also need their permission if it violated HOA rules.

 

[kidcallous]

Quote:
So I should request a zoning variance, to allow my property to be zoned Residential/Agricultural, in order to fit into the zoning district that allows chickens? Or I guess, what exactly should I be asking for?

(I'm not in an HOA so I'm not worried about that). I tried searching cases on my site too, and I find it hard to believe - but I was not able to find ANYTHING related to variance requests for chicken keeping!

Thanks for all the posts/comments. I guess I'm just new to every part of this predicament! (New to chickens, new to working with county govt)...

 

[Sonoran Silkies]

A variance does not change the zoning for your parcel. It is legal permission to violate a specific provision of the zoning code. You will have to convince the city council or their designee that granting your request is reasonable, that it will not cause a nuisance or danger. It is likely that if approved, certain conditions would be required. For permission to have chickens, I would expect it to limit the numbers, and possibly the location of the coop. You might have to get approval from nearby neighbors, and they might be able to withdraw their approval at a later date.

 

[ChooksChick]

I haven't read most of the thread and have to run, but if you look at my BYC page, there's a bit of info on how we got our vague ordinance changed to include ducks and chickens explicitly as allowed animals.

Hope you win! You should find all the rogues in your area and band together the way lawrencechickenfarmers.org did- it worked!

 

[kidcallous]

This is the letter I plan to send to my County Commissioner. Anything to add?? (Now i just have to find some people to sign a petition to include!). *I found someones letter on here, and tweaked it.

Dear Commissioner,

We are Hernando County residents sincerely interested in living more sustainably as individuals and as a community. In this current economic climate, we believe that one way to live more sustainably is to produce a little of our own food, when possible.

Several of us have been dismayed to learn that because we live in the unincorporated residentially zoned areas of Hernando County, we cannot keep hens as pets in our backyards. Many areas of Hernando county, and nearby metropolitan areas including the Tampa, St Petersburg and Orlando areas do allow chicken-keeping for their residents. Across the nation, many cities and suburbs are revising their laws to allow a few chickens.

o Chickens and other fowl are defined in the Zoning for the Agricultural/Residential of Hernando County, Florida as livestock.

Article IV, Section 6, B: The following regulations apply to the Country 2.5 Acre District, as indicated *excerpt:

(1) Permitted uses: The following permitted uses shall apply in the Country 2.5 District:
(c) Poultry and swine for home consumption maintained at least seventy-five (75) feet from adjacent property.

Article IV, Section 13, A: The following regulations apply to agricultural/residential districts as indicated *excerpt:
(1) Permitted uses:
(a) All agricultural/residential districts:
iii. Poultry and swine for home consumption maintained at least seventy-five (75) feet from adjacent property.

Under the residential zoning districts, Hens and poultry are prohibited to be kept as pets. But a six pound hen, unlike a pig or a cow, is not inherently a farm animal. A small backyard flock of hens should not be considered an agricultural operation, any more than keeping a couple of rabbits is. In fact, a small poultry flock is likely to create far less noise, smell, waste, and annoyance to the neighbors than an average family dog would.

Currently in the unincorporated areas of Hernando County, fowl are allowed only on lots in Rural and select Residential districts, so long as their enclosures are at least 75 feet from all property lines.

We respectfully ask that chickens and fowl be removed from the county’s definition of livestock and included in the definition of household pets. We also encourage limitations on the permissions for keeping fowl, similar to those limitations outlined in the Rural and Agricultural/Residential districts.

We respectfully ask that the Board consider the following guidelines to adopt into the Hernando county ordinance as permitted uses for residential districts:
1. No roosters allowed in residential areas
2. No Guinea Fowl allowed in residential areas [they are a noisy breed]
3. Fowl cannot be kept on residential property without an overnight enclosure.
4. Enclosure must be maintained at least 75 feet from building structure, except that of the owner.
5. 5 fowl per 5,000 square feet of land, up to a maximum of 10 fowl per household
6. Backyard processing of meat fowl is prohibited.
7. Enclosure must be maintained reasonably, and offensive odors should not be detectible within 30 feet of enclosure. [This will also address any concerns about flies, as a clean enclosure will not attract any more flies than a pile of dog waste would].
8. Fowl kept as pets must not be allowed to roam freely outside of the confines of the owner’s property, or owner risks seizure of pets or fines. [similar to the rules applying to nuisance dogs and other pets]
9. Enclosure must be predator-proof, and must not be allowed to serve as a refuge for vermin or predators. Fines will apply to owner for violation.

We appreciate your consideration of this matter. I have provided some documentation on poultry ordinances in other nearby metropolitan areas, and answers to some frequently asked questions about pet chickens, to be used as guidelines and reference material for your consideration.

FAQ:
How can you get eggs if roosters aren’t allowed? Roosters are only necessary for breeding baby chicks. An average hen will produce between 5-6 eggs per week, without a rooster present. It’s something that they just do anyway!
Why not just buy eggs from the store? Backyard Hens that are fed a natural diet of grass clippings, insects and grain produce richly nutritious eggs that are higher in Omega-3 fatty acids, and lower in cholesterol than factory farmed, store bought eggs.
Aren’t chickens really loud? Hens are generally no louder than the average wild bird, and are certainly less noisy than a barking dog. Hens sleep at night similar to wild birds, and therefore are generally quiet during the night.
So you get free eggs, what else is so great about chickens? Hens are the perfect pest control company and garbage disposal. Most people don’t know that Hens love to eat all of the creepy crawlies in your yard, including mosquitoes and ants. Hens also love to dine on your dinner leftovers. Bread, salad, vegetables and more.

(Also included a list of the ordinances for TAMPA and ST PETERSBURG)

 

[PhilErvin]

I totally applaud your efforts to be legal but I would agree with the post that suggests going illegal. I am legal with my girls but I'm not supposed to have a roo. My neighbors have all said that they don't mind so I figure as far as the city is concerned, "they'll have to pry my Rooster from my cold dead hands".