County passes chicken ordinance

BROOKSVILLE –
A divided county commission voted Tuesday to allow chickens in residential areas but tacked on several restrictions that call for neighbor buy-in and assured residents the new ordinance doesn’t supersede existing deed restrictions.
County passes chicken ordinance

They also capped the number of backyard chickens to four per household and required the owner keep the coop out of view from neighbors.

County Commissioner Diane Rowden made the motion to approve the ordinance, which was backed by Commissioners Dave Russell and Wayne Dukes.

Board members Jim Adkins and Nick Nicholson voted against the ordinance, saying they feared neighbor complaints of noise, smell, health issues and expressed an overall dislike of keeping farm animals in residential areas.

Carol Aquilante, who lives on Piedmont Drive in Spring Hill, broached the idea last October of keeping backyard chickens and showed up at Tuesday’s third and final public hearing to give it a final shot.

The current county zoning code does not permit chickens or other livestock in residential areas. Aquilante said there are people in Spring Hill already raising chickens illegally and this ordinance will legitimize the activity.

From the beginning, Aquilante said she could not understand the resistance to the proposed ordinance.

“I am not asking to grow marijuana or sell drugs,” she told the board. “I just want to raise a few chickens and get eggs.”

Aquilante said she already has names chosen for her new pet fowl.

Not everyone was pleased with the vote.

Bette Brock warned there is a fungus in chicken manure that can lead to chronic lung disease.

“I would hate for my next door neighbor to have this manure that’s not being taken care of and having it affect me,” Brock said.

Representatives of the Hernando Builders Association and the Hernando County Association of Realtors previously expressed their concern that it would lead to decreased property values.

A previous draft of the ordinance said all chickens would be confined in a coop, which led to concerns from the public and board members about the well-being of the birds during hot months.

Instead, the ordinance calls for people to keep the chickens in an enclosed area with a coop that “provides for the free movement” of the fowl.

The coop must be in the rear yard and not be visible from the street or adjoining home. If that condition cannot be met, the homeowner must erect a fence.

Before a homeowner obtains a permit to keep chickens, all affected parties – neighbors’ whose property adjoins the parcel – must sign off and give their consent.

If the property is separated by a road, that is not required.

Assistant County Administrator for Planning & Development Ron Pianta said a subdivision’s deed restrictions or restricted covenants trump the new county ordinance.

Commission Chairman Dave Russell said that means people who live in gated communities that prohibit farm animals, for example, don’t have to worry about chickens running around.

“You’ve got to have neighbor buy-in,” Russell said.

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