[Adopted 9-2-2014 by Order No. 14-123.13[1]]
[1]
Editor's Note: This order was originally adopted as Art. VII, §§ 78-24 through 78-37, and was redesignated as Art. VIII, §§ 78-26 through 78-39, because the Code already contained Art. VII, §§ 78-24 and 78-25.
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Off the premises of the owner and not under the control of the owner or any other person whose personal presence and attention would reasonably control the conduct of the animal, either by leash, cord, chain or otherwise.
CHICKEN PEN
A wire enclosure connected to a henhouse for the purpose of allowing chickens to leave the henhouse while remaining in an enclosed, predator-safe environment.
DOMESTICATED ANIMAL
Includes but is not limited to dogs, cats, ferrets, wildlife hybrids or livestock.
HENHOUSE
A structure for the sheltering of female chickens. An existing shed or garage can be used for this purpose if it meets the standards contained in Chapter 280, including the required distance from property lines.
OWNER or KEEPER
Any person or persons, firm, association or corporation owning, keeping, controlling, or harboring a dog or other animal. The owner or keeper may be a minor child.
The purpose of this article is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood. The City recognizes that adverse neighborhood impacts may result from the keeping of domesticated chickens as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects, or parasites, and nonconfined animals leaving the owner's property. This article is intended to create licensing standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept.
An annual permit is required for the keeping of any domesticated chickens in the City of Sanford. Additionally, a building permit is required for the construction of a henhouse and chicken pen.
A. 
The annual permit to keep chickens is personal to the permittee and may not be assigned. In the event the permittee is absent from the property for longer than 60 days, the permit shall automatically terminate and become void.
B. 
The first permit year shall be September 1, 2014, through December 31, 2014. Thereafter the permit year shall be January 1 through December 31.
[Amended 5-20-2025 by Order No. 25-152-01]
The fee for an annual permit to keep chickens is $30. The fee to construct a henhouse or chicken pen shall be for all other structures as set forth in Chapter 280, Attachment 2, Building Permit Fee Schedule.
A. 
Chickens must be kept in an enclosure or fenced area at all times. During daylight hours, chickens may be allowed outside of their chicken pens in a securely fenced yard. Chickens shall be secured within the henhouse during non-daylight hours.
B. 
Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.
C. 
The henhouse and chicken pen must provide adequate ventilation and adequate sun and shade and both must be impermeable to rodents, wild birds, and predators, including dogs and cats.
D. 
Henhouses.
(1) 
A henhouse shall be provided and shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.
(a) 
The structures shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings.
(b) 
The materials used in making the structure shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse shall be well-maintained.
(c) 
The structure shall be painted; the color shall be uniform around the structure and shall be in harmony with the surrounding area.
(2) 
Henhouses shall only be located in rear yards, as defined in § 280-5.[1] For a corner lot or other property where no rear yard exists, a side yard may be used as long as the setbacks generally applicable in the zoning district are met. In no case may a henhouse be placed in the front yard.
[1]
Editor's Note: See now § 280-2-2.
(3) 
Henhouses and chicken pens shall be located at least 25 feet from all residences on same and abutting lots.
E. 
Chicken pens.
(1) 
An enclosed chicken pen must be provided consisting of sturdy wire fencing buried at least 12 inches in the ground. The pen must be covered with wire, aviary netting, or solid roofing. The use of chicken wire is not permitted.
(a) 
Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.
(b) 
Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity.
(2) 
Lighting. Only motion-activated lighting may be used to light the exterior of the henhouse.
The property owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation shall be removed by the Animal Control Officer.
Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators.
Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
A. 
Every applicant for a permit to keep domesticated chickens shall complete and file an application on a form prescribed by the Code Enforcement Officer;
B. 
The Code Enforcement Officer shall issue a permit if the applicant has demonstrated compliance with the criteria and standards in this article.
A. 
The Code Enforcement Officer shall deny a permit if the applicant has not demonstrated compliance with all provisions of this article.
B. 
A permit to keep domesticated chickens may be suspended or revoked by the Code Enforcement Officer where there is a risk to public health or safety or for any violation of or failure to comply with any of the provisions of this article or with the provisions of any other applicable ordinance or law. Any denial, revocation or suspension of a permit shall be in writing and shall include notification of the right to and procedure for appeal.
In addition to any other enforcement action which the City may take, violation of any provision of this article shall be a civil violation and a fine not exceeding $100 may be imposed. Each day that a violation continues will be treated as a separate offense.
A. 
In addition to the penalty stated in § 78-38, any violation of the provisions of this article or of the permit shall be grounds for an order from the Code Enforcement Officer to the Animal Control Officer to remove the chickens and the chicken-related structures to be removed by the owner at the owner's expense. The Health Officer or Animal Control Officer may also order the removal of the chickens upon a determination that the chickens pose a health risk.
B. 
If a chicken dies, it must be disposed of promptly in a sanitary manner.