I just don't know...

[Brooks_]

...How far out of code I am. I have found the blanket code for the county but my closest neighbor in the same zone has a property use listing (per plat map) of Dairies, feed lots while mine is single family residential. That leads me to believe that I am missing something regarding chickens/poultry. The ask is that someone that has more experience finding, reading, and comprehending the codes will chime in.

Pertinent info:
Unincorporated Alachua county, Fla
Zone R-1AA
4.99 acres (per plat map); 5.17 acres (per tax collector)
Property directly behind is zoned Ag. Not that that matters other than the likelihood of complaints.

Thank you in advance. Looking at you, Storm.

 

[Lady of McCamley]

I'll help bump this along so you can get someone who has direct experience.
Also if you want to call out a particular member, type "@" sign with their call name, and it will send them an alert.

Being an ex-paralegal, I'll take a stab at this (with the caveat that this is NOT legal advice just my dead reckoning stab at it from my past experiences).

You are unincorporated county, which means you don't have any city ordinances to adhere to. That means the rules will be from Alachua County, FL, which I googled and are located at:
https://library.municode.com/fl/ala...ADERE_CH404USRE_ARTIIIAG_S404.13POLIPALEFI5AC
April 18, 2022.

Your tax statement is generally considered the official statement for taxing purposes, however you have a strong argument to consider that as your basis of acre size, and I would argue legally since you are being charged for 5.17 acres you should have access to 5.17 acres. To be absolutely certain what your actual property size is, look at your deed's property description which should state the actual size (usually giving a copy of the plot map). That may state 4.99 acres. (An attorney would give formal advice, and possibly your local planning and zoning department.) That size matters according to the ordinances.

Let's assume less than 5 acres according to the property description (assuming that its 4.99, the official deed and plot map):

According to the Apalucha County ordianance (as linked above), these restrictions are for those with LESS than 5 acres for A, A-RB, RE, RE-1 (A and A-RB are the agricultural zones, RE are the residential zones, RE-1 includes subsection AA as single-family, low density zoning...ie, not "agricultural." According to Section 404.09, A and A-RB assume agricultural use is allowed, all other zones (including your RE-1AA) may have agricultural use with restrictions, in particular those listed in 404.13 for poultry:

404.13 states that with less than 5 acres, 6 laying hens (no roosters) are allowed, for non-commercial use (ie family eggs and meat), within fenced enclosures, following all noise, nuisance, odor, complaints, and property setbacks. (That's straight from the linked above county ordianance dated the April 18, 2022)....ie that's what I am seeing is on the "books."

Since I think you have a strong argument, being taxed for 5.17 acres, you have use of 5.17 acres, you could fall under use of more than 5 acres which certainly appears to have less restrictions. It may indicate you have no restrictions. (You would need to clarify that with the planning department). You may want to be careful to wish more than 5 acres if you plan to sell eggs or meat as it could be labeled an "urban farm" which could place you in urban farm provisions (filing permit, providing hand washing stations for employees, etc.) I picked up some information from a back news article here:

https://www.mainstreetdailynews.com...cle_b84774ee-9eec-11ec-a6e4-a32014fa2346.html

That article is for Gainesville, and indicates 10 chickens, but I am still seeing only 6 chickens in the Apalucha County ordinance books. Always go by the books.

You can also call your local planning department and just ask. They are usually very helpful.

My best stab. If you have particular ordinances for 5 acres or more (which didn't come up on my quick google search), I can give you my personal opinion on that. In my area (unincorporated Washington County, Oregon, I have NO restrictions though I am fairly suburban because I am zoned unincorporated...but I am smart enough not to get too crazy due to noise and nuisance to neighbors).

Right now...I think you have to keep it to 6 laying hens, no roosters if you consider yourself below 5 acres.

My thoughts.
LofMc

 

[Lady of McCamley]

...oh and your neighbor may be zoned differently which is why he is acting differently. I am in an area where opposite sides of the street can be zoned differently.

What your tax statement list you at is what you are zoned.

Also your neighbor may be more than 5 acres.

LofMc

 

[Brooks_]

Thanks @Lady of McCamley That's what I had found as well. I guess I wasn't missing anything.

 

[U_Stormcrow]

...How far out of code I am. I have found the blanket code for the county but my closest neighbor in the same zone has a property use listing (per plat map) of Dairies, feed lots while mine is single family residential. That leads me to believe that I am missing something regarding chickens/poultry. The ask is that someone that has more experience finding, reading, and comprehending the codes will chime in.

Pertinent info:
Unincorporated Alachua county, Fla
Zone R-1AA
4.99 acres (per plat map); 5.17 acres (per tax collector)
Property directly behind is zoned Ag. Not that that matters other than the likelihood of complaints.

Thank you in advance. Looking at you, Storm.

you could have @ me. I don't always troll this forum.

R-1AA is a residential zoning in Alachua County. Likely because (according to Plat you are under 5 acres). Its very rural out there, we almost bought land in Bell. Sort of regret not doing it, many days, but the seller... wasn't.

The Permitted USE Table is HERE

Most (but not all) Agriculture uses are permitted, with limitations.

The keeping of poultry is permitted as an "accessory" use - meaning if there was not a residence on the property, you could not have chickens, but because there is a residence on the property, you may have chickens, incidental to the use of the property for your home.

And here are those limitations. As I read it, on R-1aa properties, you are permitted six (6) laying hens, no roosters. (Sec. 404.13. - Poultry or livestock on parcels less than five (5) acres.)

Now, were it me, and I was trying to get "right with the law", I would print out a plat map showing the zoning around you (in particular, everyone like your neighbor with the AG designation), and the tax records showing you are being assessed for a proterty greater than 5 acres, and seek an exemption treating your property as RE/RE-1 for purposes of livestock and chickens. "RE" is "Estate Residential", essentially, a Homestead.

That would allow fowl (not just chickens, and not just hens) at a rate of up to 40 per acre, which is plenty for a flock. and/or a small number of hogs, goates, horses, or cattle.

Honestly, I'm at something of a loss as to why you aren't zoned RE or RE-1 already, unless you are also nearby to an area which they intend to convert to a subdivision or mutifamil housing int he future.

 

[Brooks_]

Honestly, I'm at something of a loss as to why you aren't zoned RE or RE-1 already, unless you are also nearby to an area which they intend to convert to a subdivision or mutifamil housing int he future.

It does border some undeveloped land but I don't think it is more than 20 acres. Not sure how much of a development could go in there. I am sure all my neighbors would fight a multi-family development. The one closest neighbor also r-1aa has goats and a donkey. I guess being low density nobody cares about some animals.

 

[Lady of McCamley]

It does border some undeveloped land but I don't think it is more than 20 acres. Not sure how much of a development could go in there. I am sure all my neighbors would fight a multi-family development. The one closest neighbor also r-1aa has goats and a donkey. I guess being low density nobody cares about some animals.

I agree that you may wish to go to the planning/zoning department and challenge your RE-1AA designation into an AG (agricultural one) or flatly state that you are plus 5 acres and can follow those rules (which Storm has kindly supplied as up to 40 flock animals on 1 acre).

As to whether you NEED to do that or not. Well, we all know that the county generally doesn't have zoning police with nothing better to do than drive around checking on people's uses. Typically what happens is a neighbor complains, or you submit some permit request that requires an actual physical inspection, then officials check into your situation, and you get cited. If no one complains, and you keep your head low on any permitting, you generally "fly below the radar." (Roosters can be the apple that upsets the applecart if you get cited for noise.)

I don't prefer to do that as you can get some nasty fines when you do get caught...but then again, it's how seriously the county desires to enforce the zoning laws. In a relaxed community, no one will bother to care.

What were you hoping to do? Have more than 6 laying hens? I'd point to the fact that you are taxed for 5.17 acres, therefore have use of 5.17 acres, which places you in the above 5 acre poultry limitations (which again Storm has indicated was 40 flock animals per acre). If County gets snippy, I doubt it would take more than a letter from a savvy lawyer to get them to back off...threatening that you will be required to be reimbursed, with interest, the difference between being taxed on 5.17 when you only have 4.99, over the years you have held the property.

Seriously, I doubt anyone cares...but that's a decision you have to make. A simple call to the planning/land use department could solve it all. Simply ask how much property am I considered to have if I am taxed on 5.17 acres. Is that over 5? (They'll laugh).

My thoughts (not suggestions as to what you ought to really do).

LofMc

 

[Brooks_]

I appreciate the replies. I really thought I had missed something, A blanket six for all res seemed odd to me. But, I guess the county left it a 6 figuring larger lots just wouldn't get complaints. A plumbing inspector was nearby months ago. Nothing from that, they likely knew nothing or even cared about chicken code. I'll just keep low.

 

[Ascholten]

You could always phone to county zoning office and ask them. See what your property was zoned before they built the house on it, ask why it was re zoned, typically they have to put a reason when something is rezoned from unimproved to re or whatever. See what it takes to change it back / change it to agri etc. Maybe it don't matter if you are low density residential, it might not make a difference and you can have your birds. I think a lot of that is to discourage commercial applications going on. If a neighbor moved in, built a 100 foot barn with 10k hens in it, people would get upset at the noise / stink in their little subdivision. But someone with a small shed of birds who is not commercial, should not be an issue if they are indeed being a good neighbor about it. The county can explain that better to you as well as it would apply.

 

[Brooks_]

You could always phone to county zoning office and ask them. See what your property was zoned before they built the house on it, ask why it was re zoned, typically they have to put a reason when something is rezoned from unimproved to re or whatever. See what it takes to change it back / change it to agri etc. Maybe it don't matter if you are low density residential, it might not make a difference and you can have your birds. I think a lot of that is to discourage commercial applications going on. If a neighbor moved in, built a 100 foot barn with 10k hens in it, people would get upset at the noise / stink in their little subdivision. But someone with a small shed of birds who is not commercial, should not be an issue if they are indeed being a good neighbor about it. The county can explain that better to you as well as it would apply.

Sounds great on paper. Not trusting agents of the matrix. Just going to keep a low profile.