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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
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BACK YARD HENS IN RESIDENTIAL DISTRICTS ORDINANCEBCC ADOPTION PUBLIC HEARINGJULY 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
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 90- 94) • Allow in Cluster zoning districts (Use Table, Appendix A) • Meet with Animal Services Board (5/21/13)
Existing Code on HOA Covenants Sec. 38-2. 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 38-77 and 38-79, Orange County Code) • Remove Lines 90-94 regarding HOA Covenants & Restrictions
BACK YARD HENS IN RESIDENTIAL DISTRICTS ORDINANCEBCC ADOPTION PUBLIC HEARINGJULY 2, 2013