6.4. PCSR 03-27-2018City of
Elk
River
Request for Action
To
Item Number
Planning Commission
6.4
Agenda Section
Meeting Date
Prepared by
Public Hearin
March 27, 2018
BrieAnna Simon, Planner
Item Description
Reviewed by
■ Ordinance Amendment relating to beekeeping,
Zack Carlton, Planning Manager
Case No. OA 18-04
Reviewed by
Action Requested
Recommend, by motion, approval of an ordinance amendment modifying regulations related to the
keeping of bees.
Background/Discussion
Each year staff receives numerous calls pertaining to the keeping on honey bees. Unfortunately the
current ordinance is vague regarding bees and they are lumped into the agricultural animal category at 1
animal unit per acre, this would permit 4 million bees per acre of fenced pasture land. The current
ordinances also does not provide additional guidance related to the location of hives or safety regulations
intended to protect other residents. In preparing the proposed ordinance, staff reviewed honey bee
regulations of a number of other Minnesota cities that permit the keeping of honey bees and attended the
University of Minnesota `Beekeeping in Northern Climates Year 1' class to develop a proposed
ordinance, see attached.
Due to concerns with bee allergies and public opinions related to bee keeping, the ordinance is necessary
to help ensure the safety of all residents. The primary concerns identified during staffs research and
analysis are bee stings and swarms. To address these concerns, staff has proposed a number of
regulations to protect residents.
Bee Allergies
In the United States (US) there are 3,600 different species of bees, with 425 located in the state of
Minnesota. Of the bee species located in the US, approximately 0.0003 percent of these bees are honey
bees. The most commonly identified bees in Minnesota are honey bees, bumble bees, yellow jacket wasps,
and baldfaced hornets. Bee allergies are typically developed towards a specific species of bee verses all
bees. According the University of Minnesota, only approximately 3 percent of the entire population will
develop a severe reaction to honey bees.
To reduce the interaction between honey bees and neighboring properties or residents, staff proposes the
following regulations:
• Except as otbenvise provided in this Section, in each instance wbere any part of a hive is kept Witbin twenty-five feet of
a lot line of the apiary site, a flyway barrier of at least six feet in beight must be constructed.
The Elk River Vision
A n elcoming community n itb revolutionary and spirited resourcefulness, exceptional p A w E A E A A r
service, and community engagement that encourages and inspires prosperity /, UR
The purpose of this regulation is to force the honey bees to go up and over the fence. Typically once
above the fence, honey bees will not descend until it has reached its final destination. The fence will
force the bees to start their trip above neighboring properties and residents.
Hives cannot be located in the front or sideyard. Corner lots shall be considered to have two frontyards. All hives
must adhere to the below setbacks:
Parcel Size
Minimum Distance (feet)
Front*
Not Permitted
Side
20
Rear
20
Public Right -of -Way or
Trail Easements
30
Adjacent Dwelling Units
30
The purpose of hive location and setback regulations is to locate hives in an area that is typically less
populated or has a reduced chance of interaction with neighboring residents. Based on the course
staff attended at the University of Minnesota, neighboring properties will typically not notice hives if
they are setback at least 10-15 feet from the property lines. The proposed regulation increases this
setback for adjacent dwellings, right-of-ways and trail easements.
Each colony on the apiary site shall be provided with a convenient and adequate source of water which must be located
within ten feet of each active colony on the applicant's property.
The purpose of providing an adequate source of water on the beekeepers property is to reduced
chance of interaction with neighboring residents. Honey bees need water to live, if there is not an
adequate source of water near the hive and on the beekeepers property, the honey bees will look for
the next closes source (i.e., neighbor's pool, fountain, bird baths, etc.).
All hives shall be enclosed with a latching fence.
The purpose of enclosing a hive area is to reduce contact with people and animals. Honey bees will
only sting an individual if it feels the hive is being threatened or it is about to be smashed. Providing
a fence will prevent others who are not equipped to prepare the honey bees of their approach will
reduce the number of potential interactions with others.
Additionally, for those who are allergic to honey bees staff has proposed sending a public notice to all
property owners within 350 feet of a property requesting a beekeeping permit. Residents will have 14
business days to provide written documentation from a doctor to the city identifying the honey bee
allergy. This written documentation will be grounds for denial of the honey beekeeping permit. This is a
common practice in other cities within Minnesota. However, other cities have only required notification
to properties within 100-200 feet. Staff is recommending 350 as it is the same for all land use applications
and will provide a greater buffer for those with allergy concerns.
Swarms
Swarms occur when a hive becomes over crowded or becomes inadequate. The queen bee will leave the
hive, followed by its worker bees, in search of adequate housing. The queen bee and its workers will
gather together to protect the queen, while a few bees go out and search for housing. These swarms are
not dangerous but can seem alarming to those who are not equipped to relocate a swarm. The University
of Minnesota Bee Lab identifies a number of sources that can relocate swarms if they occur.
To reduce the potential of swarming staff proposes the following regulations:
■ Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and useable condition.
N:\Departments\Community Development\Planning\Case Files\OA\OA 18-04 Beekeeping\4Planning Commission\OA 18-04 Beekeeping_PC 3-
27-18.docx
For each colony permitted to be maintained, there may also be maintained upon the same apiary lot, one nucleus colony
in a hive structure not to exceed one standard nine and five -eights (9-518) inch depth box, ten frame hive body with no
supers.
Beekeeping equipment must be maintained in good condition, including keeping the hives free of chipped and peeling
paint if painted, and any unused equipment must be stored in an enclosed structure.
Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent
swarming.
The purpose of these regulations is to prevent a swarm by utilizing standard hive equipment to ensure
adequate housing
Additionally, staff is looking to encourage educational courses with permit fee reductions. Staff
recommends reducing the permit fee by $135, which is the price of the University of Minnesota
`Beekeeping in Northern Climates Year 1' class. The permit fee will then be $50 for the first fee and every
renewal following. Without the educational class the permit fee will be $185 for the first permit and each
renewal. The permit fee will cover public notice (i.e., staff approval), site visit and ongoing enforcement.
Education will be the key to help new beekeepers prevent overcrowding or inadequate housing
conditions for honey bees.
The Planning Commission reviewed the proposed beekeeping ordinance at their work session on
February 27, 2018. There was a discussion permit fees to be increased to $185 to cover staff s time if
educational classes are taken to reduce the permit fee.
Financial Impact
None
Attachments
Proposed Beekeeping Ordinance
Environmental Beekeeping Memorandum
Site Plan Comments
N:\Departments\Community Development\Planning\Case Files\OA\OA 18-04 Beekeeping\4Planning Commission\OA 18-04 Beekeeping_PC 3-
27-18.docx
Section 30-1 Definitions
Accredited institution means an educational institution holding accredited status which has been
licensed or registered by the Minnesota Office of Higher Education at the time the registrant obtained
their certificate.
Apiary means the assembly of one or more colonies of bees on a single lot.
Apiary site means the lot upon which an apiary is located.
Beekeeper means person who owns or has charge of one or more colonies of honeybees or a person
who owns or controls a lot on which a colony is located whether or not the person is intentionally
keeping honeybees.
Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers,
frames, top and bottom boards and extractors.
Colony means an aggregate of honey bees consisting principally of workers, but having, when perfect,
one queen and at times drones, brood, combs and honey.
Flyway barrier means a barrier that raises the flight path of bees as they come and go from a hive.
Hive means the receptacle inhabited by a colony.
Honey bee means all life stages of the common domestic honey bee, apis mellifera. This definition does
not include wasps, hornets, African subspecies or Africanized hybrids.
Nucleus colony means a small quantity of honey bees with a queen housed in a smaller than usual hive
box designed for a particular purpose, and containing no supers.
Registrant means any registered beekeeper and any person who has applied for approval of a
beekeeping registration.
Rooftop means the uppermost section of a primary or accessory structure of at least one full story and
at least twelve feet in height. Areas including but not limited to decks, patios and balconies shall not be
considered a rooftop.
Super means a box that holds the frames where bees will store the honey.
Swarming means the process where a queen bee leaves a colony with a large group of worker bees in
order to form a new honey bee colony.
Section 30-803 Animals
(e) Keeping of Honey Bees. Honey bees are an asset to the community and important in the pollination
of plants and in the production of honey and other products. The purpose and intent of this portion of
Chapter 30 is to permit and establish requirements for the keeping of honey bee colonies, hives, and
equipment as an accessory use within the City.
(1) Colony Density
(a) Every lot or parcel of land in the City shall be limited to the following number of
colonies as an accessory use based on the size of the apiary lot:
Parcel Size
Maximum Number of Colonies
Less than 0.5 acres
2
0.5 acres to 0.75 acres
3
0.75 acres to 1 acre
4
1 acre to 5 acres
5
Greater than 5 acres
Unlimited
(b) If any beekeeper serves the community by removing a swarm or swarms of
honeybees from locations where they are not desired, that person shall not be
considered in violation of the colony density restrictions in this section if the following
conditions are met:
(1) The person temporarily houses the honeybees at an apiary site of a
beekeeper registered with the City,
(2) The bees are not kept for more than thirty days, and
(3) The site remains in compliance with the other provisions of this section.
(2) Colony Location
(a) Hives cannot be located in the front or side yard. Corner lots shall be considered to
have two front yards. All hives must adhere to the below setbacks:
Parcel Size
Minimum Distance (feet)
Front*
Not Permitted
Side
20
Rear
20
Public Right -of -Way or
Trail Easements
30
Adjacent Dwelling Units
30
(b) Hives cannot be located in any drainage and utility easements; floodway or regulated
floodplain as defined in Division 11 of the city code; or the first 25 feet of the wetland
buffer setback as defined in Section 30-1852 of the city code.
(c) All hives shall be enclosed with a latching fence.
(d) Except as otherwise provided in this Section, in each instance where any part of a
hive is kept within twenty-five feet of a lot line of the apiary site, a flyway barrier of at
least six feet in height must be constructed.
(1) The flyway barrier must consist of a wall, fence, or dense vegetation that
requires honey bees to fly over, rather than through, the barrier.
(2) If a dense vegetation flyway barrier is used, the initial planting may be a
minimum of four feet in height, but the vegetation must reach a height of at
least six feet within two years after installation.
(3) If a wall or fence flyway barrier is used, the materials must be decay
resistant, maintained in good condition and constructed in accordance with
Sections 30-796 of this code.
(4) The flyway barrier must continue parallel to the lot line of the apiary site for
at least ten feet in both directions from the hive or must contain the hive or
hives in an enclosure at least six feet in height.
(5) A flyway barrier is not required if the hive is located on a rooftop.
(3) Additional Requirements
(a) Honey bee colonies shall be kept in hives with removable frames, which shall be kept
in sound and useable condition.
(b) Each colony on the apiary site shall be provided with a convenient and adequate
source of water which must be located within ten feet of each active colony on the
applicant's property.
(c) Materials from a hive such as wax combs or other materials that might encourage
robbing by other bees shall be promptly disposed of in a sealed container or placed
within a building or other bee and vermin proof enclosure.
(d) For each colony permitted to be maintained, there may also be maintained upon the
same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine
and five -eights (9-5/8) inch depth box, ten frame hive body with no supers.
(e) Beekeeping equipment must be maintained in good condition, including keeping the
hives free of chipped and peeling paint if painted, and any unused equipment must be
stored in an enclosed structure.
(f) Hives shall be continuously managed to provide adequate living space for their
resident honeybees in order to prevent swarming.
(g) Honey may not be sold from any residential property unless a home occupation
permit has been obtained and required conditions met in accordance with Section 30-
801 of this code.
(4) Permit
(a) The application for a beekeeping permit must be upon a form provided by the City.
All required information must be complete.
(b) Each apiary site must apply for registration and receive approval prior to bringing
any honeybees into the City. A beekeeping permit is not required for sites over 5 acres
in size.
(c) If the beekeeper relocates a hive or colony to a new apiary site, the beekeeper shall
apply for an updated beekeeping permit, prior to the relocation, on the form provided
by the City.
(d) The beekeeping permit shall be valid until March 31 of each calendar year following
initial issuance and must be renewed by the registrant prior to expiration each year by
submitting a renewal form to the Planning Department on the form provided by the
City.
(e) Upon receipt of a beekeeping permit for initial review, the City will send written
notice to all owners of properties located within 350 feet of the property the apiary
site(s) are identified on. Any objections to the registration must be made in writing and
received within fourteen (14) days of mailing the notice. If any written objection is
received, the beekeeping permit must be referred to the City Administrator or designee.
(1) The beekeeping permit must be denied if the City receives a written
objection from a resident living within the designated notification area that
includes medical documentation by a licensed physician of an allergy to
honeybee venom.
(f) Beekeeping training and education is required for the beekeeper prior to the issuance
of the initial beekeeping permit by the city. At the time of application for registration,
the beekeeper must submit a certificate of completion of a honeybee keeping course
from an accredited Minnesota institution.
(g) The fees for the registration will be determined by the City Council in the city's fee
schedule.
(h) The property must be in compliance with all other applicable city regulations in order
to receive approval and renewal.
(i) If the standards of practice are not maintained subsequent to issuance of a
beekeeping permit, the permit may be revoked by the City Administrator or designee.
(j) Beekeepers operating in the city prior to the effective date of the Section will have
until July 1, 2018 to apply for registration.
(5) Inspection
(a) Upon initial registration, renewal every two years or any updated registration, each
beekeeper must allow for an inspection of the site.
(b) Upon prior notice to the owner of the apiary site, city staff shall have the right to
inspect any apiary.
(c) In the case of a complaint regarding the apiary, the apiary site may be inspected
without prior notice.
E
Kiver
TO: Planning Department
Memorandum
From: Amanda Bednar, Environmental Coordinator
Date: February 15, 2018
Subject: Keeping of bees and the benefits of pollinators
The City of Elk River continues to be a leader in sustainability practices including native
plantings, greenspace and natural resources management. Many residents continue to do
their part to make sustainable choices including the food they purchase and consume. In
addition to the keeping of chickens, many residents have also expressed interest in bees.
Bees provide local food via honey production and also play a very valuable role in the
pollination process.
Bees are a key part of the agriculture production and pollination of fruits, vegetables, nuts
and flowers. Natural habitat disruption, pesticide use and numerous bee diseases have
significantly impacted honey bee populations. This honey bee crisis is referred to as Colony
Collapse Disorder. Providing bee flowers and nesting habitat is incredibly beneficial to bee
populations. Bee keeping has become quite popular and is included in the GreenStep Cities
Best Practices for city sustainability.
Beekeeping is not an easy task and can be quite costly. However the benefits that honey bees
can provide to individual residents and our pollinator community at large is significant.
There is significant benefit to our local community in increasing the bee population.
POWERED BY
N:\Departments\Community Development\Planning\Case Files\OA\OA 18-99 Beekeeping\6 Exhibits\Beekeeping 11"4ATURE1
memo.docx
E
Kiver
TO: Planning Department
From: Dan Block, Police Dept
Date: 03-02-18
Memorandum
Subject: Site Plan Review - February 2018
The department listed above has reviewed the application listed below and has the following
comments:
Case #OA 18-04, Ordinance Amendment - Beekeeping
1. No concerns or issues with the application as proposed. I have safety concerns
with keeping honey bee hives in residential areas less than 1 acre. Accepted
norms are 1 hive per acre of fertile, blooming land is the minimum area needed
for healthy hives. If you allow up to 3 hives (60,000 to 240,000) of honey bees
on less than an acre of land the bees will roam far and wide to find suitable
plants, flowers and shrubs. If 2 residents in the same neighborhood have hives,
you've just doubled the size of the area needed for sustainability.
2. Another concern is the amount of people that are allergic to honey bee venom.
If honey bees are allowed on city lots of less than one acre you will have a high
density neighborhood of people in close proximity to the hives. The honey bees
have no borders, and since Elk River also promotes walking and biking in town,
you also have a high volume of transient traffic in neighborhoods. The danger
to the general public will increase, as will the danger to First Responders, mail
and paper carriers, and visitors to our city. Why would we want to make our city
less safe for its residents, First Responders, and visitors?
3. Lastly, honey bees are typically classified as agricultural animals. You already
opened the door by allowing chickens in residential areas. What will happen if
you allow bees? What is next? Sheep, goats, rabbits, cows, and horses are also
agricultural animals. If the city gets a few calls from residents asking to keep
these animals on residential lots how do you say `no'?
POWERED DY
AWRE