BACK YARD HENS IN RESIDENTIAL DISTRICTS ORDINANCE BCC ADOPTION PUBLIC HEARING JULY 2, 2013 BACK YARD HENS IN RESIDENTIAL DISTRICTS ORDINANCE BCC ADOPTION PUBLIC HEARING JULY 2, 2013

OUTLINE  Background  Standards  Review of P&Z/LPA Suggestions of 4/18/13 and 5/16/13  Next Steps  Action Requested

Background  BCC received inquiries from constituents  BCC Discussion and Work Session (11/13/12 and 3/12/13)  BCC Direction:  3 hens per household  No limit on # of households (Orlando has 75 household limit)  Class required  No prior written approval from HOA’s  Draft an Ordinance

PROGRAM STANDARDS  Zoning:Detached single family / mobile homes  Number of Hens:3 per household  Number of Permits:No limit  HOA input:Must adhere to any HOA deed restrictions  Permits/Fee:Permit and fee required  Education:Must complete training class  Breeding:Breeding prohibited  Roosters:Roosters prohibited  Eggs:No sale of eggs from house  Grandfathering:Hens and coop may remain; cannot be replaced  Enforcement:Code Enforcement Division

COOP STANDARDS  Coop / Pen standards  Coop Height – 6’  Locate in rear yard  Pen Height – 6’  Maximum 100 sq. ft. footprint  Setbacks – 5’ from lot line  Minimum 25’ from adjacent single-family residence  Coop may remain absent hens

COOP PHOTOS

P&Z/LPA SUGGESTED CHANGES OF 5/16/13  Allow hens to be removed (for exercise) (Line 75)  Ordinance does not override private covenants and restrictions (Lines )  Allow in Cluster zoning districts (Use Table, Appendix A)  Meet with Animal Services Board (5/21/13)

Existing Code on HOA Covenants  Sec Interpretation and application.  (c) In interpreting and applying the provisions of this chapter [38], they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter [38] to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties ; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises than are imposed or required by other resolutions, rules, regulations, or by lawful easements, covenants or agreements, the provisions of this chapter shall control.”  Staff recommends deleting Lines 90-94, as suggested by the Planning & Zoning Commission, as the code already addresses the issue.

NEXT STEPS  Implement ordinance (Effective Date July 15, 2013)

ACTION REQUESTED  Approve the proposed Back Yard Hens Ordinance consistent with the recommendations of the P&Z/LPA (Amending Chapter and 38-79, Orange County Code)  Remove Lines regarding HOA Covenants & Restrictions

BACK YARD HENS IN RESIDENTIAL DISTRICTS ORDINANCE BCC ADOPTION PUBLIC HEARING JULY 2, 2013 BACK YARD HENS IN RESIDENTIAL DISTRICTS ORDINANCE BCC ADOPTION PUBLIC HEARING JULY 2, 2013

 Permitted in:  Agricultural District (A-1, A-2)  < 100 birds  Setbacks  100’ – from residential districts  100’ – from any residential unit  50’ – from property lines (pen/enclosures)  50’ – from NHWE CHICKENS IN ORANGE COUNTY

 Permitted in:  Agricultural-Residential District (A-R)  < 30 birds  Setbacks  100’ – from residential districts  100’ – from any residential unit  50’ – from property lines (pens/enclosures)  50’ – from NHWE

CHICKENS IN ORANGE COUNTY  Permitted in:  Rural Country Estate Districts (RCE, RCE-2 and RCE-5)  < 12 birds  Setbacks  100’ – from residential districts  100’ – from any residential unit  50’ – from property lines (pens/enclosures)  50’ – from NHWE

APPLICABLE ZONING DISTRICTS  R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-L-D, R-T-1, R-T-2 and Cluster zoning districts (detached single family only)  A-1, A-2 and R-CE districts already allow chickens (no changes proposed)