§ 656.422. Chickens allowed by permit in certain zoning districts.

(a)

For the purpose of this section, a chicken (Gallus domesticus) refers only to a female chicken. Chickens, also referred to herein as "Backyard hens," are allowed in conjunction with a single family dwelling as defined in Part 16 of the Zoning Code, by permit and subject to the performance standards and development criteria set forth herein.

(b)

A permit is required to ensure compliance with performance standards and development criteria. The application for permit must be submitted to the Planning and Development Department prior to placement of any chickens on the property. A one-time non-refundable permit fee as found in www.coj.net/fees , shall be required at the time of application. Prior to permit application, all residents wishing to have backyard hens must evidence the completion of a chicken keeping seminar from the Duval County Agricultural Extension Office. Upon submission of a completed application as determined by the Planning and Development Department, completion of the seminar, and payment of the permit fee as found in www.coj.net/fees , the Planning and Development Department shall issue the permit. If applicant has prior attended the chicken keeping seminar, applicant shall submit the permit application with fee, along with proof that applicant has completed the chicken keeping seminar at the Duval County Agricultural Extension Office.

(c)

Up to five chickens may be permitted on each residential lot. If the lot is larger than one acre, five additional chickens may be permitted per each additional 21,780 square feet over one acre. The aforementioned land requirements are the gross area of the premises harboring such chickens and include areas used by the resident for residential or other purposes, in addition to the keeping of the chickens, subject to the following performance standards and development criteria:

(1)

Chickens shall be kept within a coop or enclosure (a fenced or wired in area, or pen, required in conjunction with a coop to provide an outside exercise area for chickens free from predators and of a size that allows access to a foraging area, sunlight, etc.) at all times. A coop is herein defined as a covered house, structure or room that will provide chickens with shelter from weather and with a roosting area protected from predators.

(2)

The coop shall be screened from the neighbors' view, using an opaque fence and/or landscape screen.

(3)

Any chicken coop and fenced enclosure shall be located in the rear yard of the property, unless the property is deemed to have double frontage on a navigable waterway. No coop, enclosure or chickens shall be allowed in any front or side yard (corner lots and through lots shall be excluded from side setback restriction) unless as otherwise described above.

(4)

If the coop exceeds 100 square feet in size (10 foot by 10 foot), a building permit must be obtained from the City's Planning and Development Department.

(5)

The coop shall be covered and ventilated, and a fenced enclosure/run is required that is well drained so that there is no accumulation of moisture. The coop and enclosure shall be completely secured from predators, including openings, ventilation holes, doors and gates (fencing or roofing is required over the enclosure in addition to the coop).

(6)

The coop shall provide a minimum of three square feet per chicken and be of sufficient size to afford free movement of the chickens. The coop may not be taller than six feet measured from the natural grade, and must be easily accessible for cleaning and maintenance.

(7)

All stored feed shall be kept in a rodent and predator proof container.

(8)

Chickens may not be kept on duplex, triplex or in multifamily properties. Chickens are allowed in manufactured home subdivisions but are not allowed within mobile home/manufactured home or recreational vehicle home parks or rental communities.

(9)

No male chickens/roosters, ducks, geese, turkeys, peafowl, pheasants, quail or any other poultry or fowl may be kept under this program.

(10)

The slaughtering of chickens on the premises is strictly prohibited and therefore not allowed.

(11)

Chickens shall be kept for personal use only. The selling of chickens, eggs or chicken manure, or the breeding of chickens for commercial purposes is prohibited.

(12)

Chickens shall not be permitted to trespass on neighboring properties, be released or set free and shall be kept within a coop and enclosure at all times.

(13)

Chicken coops and enclosures shall be maintained in a clean and sanitary condition at all times. Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition.

(14)

All chicken coops or enclosures shall meet the setbacks for accessory structures pursuant to Section 656.403 of the Zoning Code.

(d)

No dog or cat that kills a chicken shall, for that reason alone, be considered a dangerous and/or aggressive animal.

(e)

Chickens that are no longer wanted by their owners shall not be taken to Animal Care and Protective Services, nor shall they be released. Said chickens shall be taken to certain pre-identified locations, such as Standard Feed that will accept and place any and all unwanted chickens. Animal Care and Protective Services shall maintain a list of approved locations for the owner surrender of chickens.

(f)

As a condition of the issuance of a permit, a permit holder consents to inspection of his or her property upon complaint to the City as related to backyard hens. Following a complaint as to a particular property and upon notice to the permit holder, the permit holder shall allow the Municipal Code Compliance Division to enter onto his or her property during a scheduled visit to ensure compliance with the regulations, performance standards and development criteria herein.

(g)

This section shall not change the rights granted to properties located in the Agriculture and Rural Residential-Acre zoning districts pursuant to Section 656.401(A)(3), Ordinance Code.

(h)

This section does not supersede any legally adopted, recorded restriction within any platted neighborhood.

(Ord. 2015-337-E , § 2; Ord. 2017-665-E , § 29)