9488-21ORDINANCE NO. 9488-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
PROVIDING A NEW SUBSECTION UNDER SECTION 3-204 TO ALLOW FOR
THE KEEPING OF CHICKENS IN CERTAIN RESIDENTIAL ZONING
DISTRICTS; PROVIDING SPECIFIC STANDARDS FOR THE KEEPING OF
CHICKENS AND ASSOCIATED ACCESSORY STRUCTURES; AMENDING
SECTION 8-102 TO INCLUDE DEFINITIONS FOR CHICKEN, CHICKEN COOP,
AND CHICKEN RUN; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in response to community dialogue and engagement with Clearwater
residents, the City wishes to allow for the keeping of chickens in certain residential zoning districts
subject to certain standards and restrictions; and
WHEREAS, the City has determined that revisions to the Community Development Code
to allow for the keeping of chickens in certain residential zoning districts would serve to promote
more diverse and healthier lifestyle choices for City residents; and
WHEREAS, the City of Clearwater adopted the Community Development Code on
January 21, 1999, which took effect on March 8, 1999; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these
amendments, conducted a public hearing, considered all public testimony and has determined
that these amendments are consistent with the City of Clearwater's Comprehensive Plan and
recommended that the City Council adopt these amendments; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Article 3, Development Standards, Section 3-204., Specific
Standards, Community Development Code, be amended to add subsection "I." and read as
follows:
Section 3-204. — Specific standards.
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I. Backyard Chickens
Ordinance No. 9488-21
1. Purpose. The purpose of this subsection is to allow the keeping of chickens within certain
residential zoning districts while limiting the intensity and potential impact on neighboring
properties.
2. Applicability. The provisions of this subsection shall apply to the keeping of chickens as
an accessory use to a detached dwelling on properties located in the LDR, LMDR, MDR,
MHDR, and HDR zoning districts.
3. Standards.
a. General conditions for the keeping of chickens in the permitted zoning districts.
i. Up to four (4) chickens may be kept on any property with an occupied
detached dwelling located in the permitted zoning districts. Chickens may
not be kept on properties occupied by attached dwellings, or within mobile
home parks.
ii. A chicken coop and a connected chicken run are both required for the
keeping of chickens pursuant to this subsection. Chickens shall be kept
within the chicken coop or the chicken run connected thereto at all times.
iii. Ducks, geese, turkeys, peafowl, adult male chickens/roosters, or any other
poultry or fowl are not allowed under the provisions of this subsection of the
Code.
iv. Chickens shall be kept primarily for personal use. The selling of chickens,
eqqs or chicken manure, or the breeding of chickens for commercial
purposes is generally prohibited. However, chicken egqs may be sold if the
sales are conducted as a part of a lawful home-based business that has
obtained all required permits and approvals for such activity.
v. Chickens shall not be slaughtered on premises.
b. Location and other requirements for chicken coops and chicken runs in the
permitted zoning districts.
i. The chicken coop shall be covered and ventilated. The chicken coop and
chicken run must both be completely secured from predators, including all
openings, ventilation holes, doors, and gates.
ii. Any chicken coop and chicken run must be located in the rear yard of a
property unless the property is a corner lot. For a corner lot, a chicken coup
and chicken run must be located in the side yard of the property.
iii. The chicken coop and chicken run shall comply with the zoning district's
accessory structure setbacks.
iv. The chicken coop and chicken run must be screened usinq an opaque fence
or a landscape screen so that the coop and run cannot be seen from
adjacent properties and public rights-of-way.
v. The chicken coop shall provide a minimum area of three (3) square feet per
chicken and the chicken run shall provide a minimum area of eight (8)
square feet per chicken to ensure that the chicken living area is of sufficient
size to permit free movement of the chickens.
vi. Neither the chicken coop nor the chicken run may be taller than six (6) feet
measured from the natural grade and both structures must be accessible
for cleaning and maintenance.
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c. Health, sanitation, and nuisance as applied to the keeping of chickens in the
permitted zoning districts.
i. No person shall release or set any chicken free from any chicken coop or
chicken run.
ii. All feed must be stored in a rodent and predator -proof container.
iii. Chicken coops and chicken runs shall be maintained in a clean and sanitary
condition at all times. All manure not used for composting or fertilizer shall
be promptly removed. Chickens shall not be permitted to create a nuisance
consisting of odor, noise or pests, or contribute to any other nuisance
condition.
d. Enforcement.
i. In a public health emergency declared by the Director of the Pinellas County
Health Department, including but not limited to an outbreak of Avian Flu or
West Nile virus, the County or City may require immediate corrective action
in accordance with applicable public health regulations and procedures.
ii. No person convicted as a repeat violator of this section may be permitted
to, or continue to, keep chickens on their premises.
Section 2. That Article 8, Definitions and Rules of Construction, Section 8-102.,
Definitions, Community Development Code, be amended to add certain definitions and read as
follows:
Section 8-102. - Definitions.
**********
Chicken means specifically female chickens only (i.e., hens).
Chicken coop means a covered house, structure, or room that provides
chickens with shelter from weather and with a roosting area protected from
predators.
Chicken run means a fenced or wired in area or pen with a roof or fencing
completely covering the top portion thereof, required in conjunction with a chicken
coop to provide an outside exercise area for chickens free from predators and of
a size that allows access to a foraging area and sunlight.
**********
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments contained
herein, as well as the provisions of this Ordinance, are consistent with and in conformance with
the City's Comprehensive Plan.
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Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
SEP 1 6 2021
OCT 0 7 2021
rank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
4 Ordinance No. 9488-21