Loading...
7.4. SR 05-21-2018 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearin Ma 21, 2018 Zack Carlton,Planning Manager Item Description Reviewed by Ordinance Amendment: Beekeeping Chris Leeseber , Senior Planner Reviewed by Cal Portner, City Administrator Action Requested Adopt,by motion, an ordinance amendment adding regulations specific to the keeping of honey bees. Background/Discussion Case No. OA 18-04 Each year staff receives numerous calls regarding 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 which permits approximately 4 million bees per acre of fenced pasture land. The current ordinance also does not provide guidance for locating hives or safety regulations intended to protect residents. In preparing the proposed ordinance, staff reviewed honey bee regulations of a number of other Minnesota cities and attended the University of Minnesota's Beekeeping in Northern Climates Year 1' class. Planning Commission Staff reviewed the draft ordinance with the Planning Commission during a work session and two public hearings. The Commission requested some changes related to lot size and permitting during the first public hearing. Staff made all requested changes and the Commission unanimously recommended approval during the public hearing on April 24, 2018. Residents spoke during both public hearings. They provided commented on specific regulations and were in support of the ordinance amendment. Financial Impact None Attachments ■ Planning Commission Packet dated April 24, 2018 ■ Ordinance Amendment The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 Cityf Eik\ - - River Request for Action To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearin Aril 24, 2018 Zack Carlton, Planning Niana ur Item Description Reviewed by City of Elk River - Ordinance Amendment Reviewed by (Continued from 3-27-2018) ■ Ordinance Amendment relating to beekeeping, Case No. OA 18-04 Action Requested Recommend, by motion, approval of an ordinance amendment adding regulations specific to the keeping of honey bees. Background/Discussion The Commission reviewed this item during their March 27, 2018, regular meeting. The Commission expressed a number of concerns related to the proposal and directed staff to update the ordinance and bring it back for further consideration and discussion. Staff has made the following changes based on direction received during the meeting: ■ The minimum lot size for the keeping of honey bees has been increased to 1 acre. The ordinance not states that any residential parcel at least one acre in size can house up to G colonies. o Residential parcels greater than 5 acres are not limited in the number of hives they can have. o Due to the increase in minimum lot size a density (hives/square mile) regulation was not explored. The front yard setback has been set at 35 feet to account for homes on larger lots not being constructed at the minimum front yard setback. The requirement to install a fence around the hives has been removed. The Commission did not feel fencing a hive on large lots was necessary. a Flyaway barriers are still required when a hive is within 25 feet of a property line. The permit section has been amended to state that a permit allowing beekeeping will only be issued if the applicant has completed training from an accredited institution. o The permit fee will be set at $75 to account for administrative and site inspection costs. The reduction is not needed as a permit will not be issued without having completed an accredited training program. Financial Impact None Attachments Planning Commission Packet dated March 27, 2018 Amended Beekeeping Ordinance The Elk River Vision A welcoming copmiunity with revolutionary and spirited resourcefariness, exceptional service, and community engagement that encourages and inspires.pmiperity PDME0E0 sr NATURE 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. Backgrou nd1D iscussio n 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 staff's 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 othenvise provided in this Section, in each instance where any part of a hive is kept within taventy-five feet of a lot lanae of the apiary site, a flyway Garnier of at least six feet in heaght must be constructed. The Elk River Vision A melcoming communi y with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity PDME0E0 sr NATURE 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 side yard. Corner lots shall be considered to have two fro ntyards 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 trust be located within ten feet of each active colony on the applicant's properly. 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.). ■ .old 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 bines with removable frames, which shall be kept in sound and useable condition. N:\Departments\Community Developmc nt\ Planning\ Case Fdes\OA\OA IS- 04 Beekeeping\4-Planning Commission\0A 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 pith no supers Beekeeping equ pment 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 sha116e continuously managed to provide adequate living space for their resident honeybees in order to prevent smanwing. 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 Developmc nt\ Planning\ Case Fdcs\oA\oA i8 -Q4 Beekeeping\4-Planning Commission\0A 18-04 Beekccping_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 Africa nized 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 a side yard. Corner Iots 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 far registration and receive approval prior to bringing any honeybees into the City. A beekeeping permit is not required for sites over S 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 far 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. (S) 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. City Elk River To: From: Date: Subject: Memorandum Planning Department Amanda Bednar, Environmental Coordinator February 15, 2418 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. PowEato s NADepartments\Cnmmunity Development\ Planning\ Camse Files\oA\oA 18-99 Beekeeping\G-Exhihits\Beekeepinlg [NATURE.] meo.docx City Elk Memorandum River To: Planning Department From: Dan Block, Police Dept Date: 03-02-18 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? Lastly, honey bees are typically classified as agricultural an=imals. 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'? F00ERE0 sr N, AfURE 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. Flyn,ay 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 Africaniaed 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. Saaarrning 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 Sees. Honey bees are an asset to the community and important in the pollination of plants and in the production of honey and other products. (1) Purpose (a) The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid issues which might otherwise be associated with beekeeping in populated areas. (b) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance. (c) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. (2) Colony Density (a) Every residentially zoned 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 1 acre to 5 acres G 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. (3) 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 35 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) 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. (4) 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 he 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) Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. (f) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. (g) Money 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. (5) 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) 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 Institution. (d) 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. (e) 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. (#} 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. (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, 2019 to apply for registration. (6) Inspection (a) Upon initial registration, renewal every two years or any updated registration, each beekeeper must allow for an inspection of the site. (b) A designated City official shall have the right to inspect any apiary for the purpose of ensuring compliance with this ordinance between 8 a.m. and 5 p.m. once annually upon prior notice to the owner of the apiary property. (c) In the case of a complaint regarding the apiary, the apiary site may be inspected without prior notice. WAStfikethfoughs to be removed Underlines to be added City of Elk -�-� River Ordinance 18 - An Ordinance Amending Section 30-I, Definitions, and Section 30-803, Animals, of the City of Elk River, Minnesota, City Code The City,Council of the City,of Elk River does hereby,ordain as follows: SECTION 1.That§ 30-1, Definitions, of the City,of Elk River Code of Ordinances shall be amended to include the following: 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. Apiaty means the assembly of one or more colonies of bees on a single lot. Aiary 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 equoment 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 honeybees consisting principally of workers,but having,when perfect, one queen and at times drones,brood, combs, and honey. Fray 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. Honeybee means all life stages of the common domestic honeybee, apis mellifera. This definition does not include wasps, hornets,African subspecies, or Africanized hybrids. Nucleus colony means a small quantity of honeybees 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. Rooftoi�means the uppermost section of a primary or accessory structure of at least one full storms at least twelve feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. P0wIR10 8 —4AUR Last Updated March 2014 [itI to be removed Underlines to be added 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 honeybee colony SECTION 2. That � 30-803 (f) — (h), Animals of the City of Elk River Code of Ordinances shall be amended to read as follows: (f1 Keeping ofHoneybees. Honeybees are an asset to the community and important in the pollination of plants and in the production of honey and other products. 1 Pu ose (a) The purpose of this ordinance is to establish certain requirements for beekeeping within the city to avoid issues which might otherwise be associated with beekeeping in populated areas. (bl Compliance with this ordinance shall not be a defense to a proceeding alleging that a Own colony constitutes a nuisance,but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance. ( l Compliance with this ordinance shall not be a defense to a proceeding alleging that a Oven colony violates applicable ordinances regarding public health,but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. ( Colony Density ( l Every residentially zoned lot or parcel of land of at least one acre,but below five acres shall be permitted six (6) colonies. (b) There is no limit to the number of colonies for residentially zoned parcels five acres and above. (c) If any beekeeper serves the community y removing a swarm or swarms of hone 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, ( The bees are not kept for more than thirty days, and (3) The site remains in compliance with the other provisions of this section. (3) Colony Location (a) Hives cannot be located in the front or side yards. Corner lots shall be considered to have two front yards. All hives must adhere to the below setbacks. Parcel Size Minimum Distance (feet) Front 35 Side 20 Rear 20 Public Right-of-Way or Trail Easements 30 Adjacent Dwelling Units 30 P a N E R E R R Y Last Updated March 2014 litm§AfVR to be removed Underlines to be added (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 as defined in Section 30-1852 of the city code. (c) 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 flay barrier must consist of a wall, fence, or dense vegetation that requires honeybees to fly over,rather than through, the barrier. (21 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. (41 Additional Requirements (a) Honeybee 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 propeM. (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. (dl 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) Each beekeeper shall maintain his beekeeping equipment in good condition,including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather,Potential theft or vandalism and occupancy y swarms. It shall not be a defense to this ordinance that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionallyping bees. (f1 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. 5 Permit (A) Each apiary site must apply for registration and receive approval prior to bringing any honeybees into the city. (bl The application for a beekeeping Permit must be upon a form provided by the city. All required information must be complete. (c) 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 P 0 w I R 1 0 8 Last Updated March 2014 [itm§AfUR to be removed Underlines to be added beekeeper must submit a certificate of completion of a honeybee keeping course from an Accredited Institution. (d) 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 b,r` the city- (e) 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 on a form provided by the city. (fl 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. (g) The fees for the registration will be determined by the City Council in the city's fee schedule. (11) 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 Vern-Lit,the permit may be revoked by the City Administrator or designee. (i) Beekeepers operating in the city prior to the effective date of the Section will have until July 1, 2019 to apply for registration. (6) Inspection (a) Upon initial registration,renewal every two years or any updated registration, each beekeeper must allow for an inspection of the site. (b) A designated city official shall have the right to inspect anyapiary for the purpose of ensuring compliance with this ordinance between 8 a.m. and 5 p.m. once annually upon 30 days notice to the owner of the apiary property. (c) In the case of a complaint regarding the apiary,the apiary site may be inspected without prior notice. (€g) Dangerous animals. No person shall keep or be allowed to keep in the city any animal which is dangerous by nature as defined in section 30-1. (g_h) Nontraditional or exotic animals. (1) A person may keep a nontraditional or exotic animal only upon issuance of a conditional use permit in accordance with subdivision III of division 2 of this article. In determining whether an animal is considered nontraditional or exotic,it shall be the responsibility of the applicant to supply the city with the necessary data and information to reasonably prove that the animal is not dangerous in captivity. This information shall he part of the public record and shall be discussed as part of the conditional use permit review. (2) If a conditional use permit is approved which allows the keeping of a nontraditional or exotic animal, this use shall be at a minimum subject to the agricultural standards as set forth in subsection (d) of this section. In reviewing a request to keep nontraditional or exotic animals, the city may impose conditions and restrictions as it finds necessary, including, but not limited to, the following: P 0 W I R 1 0 8 Y Last Updated March 2014 AUR to be removed Underlines to be added a. Restrictions on the number and type of animals. b. Setbacks greater than those required in subsections (d)(3) and (4) of this section. C. Restrictions on the size,height and type of enclosures. d. Screening or landscaping of the proposed use. (3) The applicant must also submit a copy of all permits required from the state department of natural resources, United States Department of Agriculture, United States Fish and Wildlife Service, and any other governmental agency if applicable. (hi) Inspections. The city may at any time inspect the lot and structures where animals are kept to ensure compliance with the conditions and restrictions of this article and strict compliance with the terms and conditions of a conditional use permit. SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 21st day of May, 2018. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk AVR Last Updated March 2014