ORD 18-08Ordinance 18 - 08
Sttiketlxeegh to be removed
Underlines to be added
An Ordinance Amending Section 30-1, 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.
AA&g means the assembly of one or more colonies of bees on a single lot
A&.0, 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.
Beekeoin eaui�ment 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.
Flyway barrier means a barrier that raises the flight oath 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
Aluclens 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.
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.
Last Updated Much 2014
IRfER[R R1
F ATUR�
gtfiked�egb9 to be removed
Underlines to be added
S4er means a box that holds the frames where bees will store the honey.
Smanning 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:
(fl Keeping of Honeybees. Honeybees are an asset to the commutes and important in the pollination of
plants and in the production of honey and other products
1 Pu are
(a) The urpose of this ordinance is to establish certain requirements for beekeeping within
the cit; 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 ant 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
maybe offered as evidence of the beekeeper's compliance with acceptable standards of
practice among hobby beekeepers in the State of Minnesota.
(2) Colony Den
(a) 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.
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
r (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
30
Public Right -of -Way or Trail Easements
30
Adjacent Dwellin Units
30
AA11A[1 I
NATURE
Last Updated March 2014
£feiketbxexgbs to be removed
Underlines to be added
(b) Hives cannot be located in any drainage and utility casements; floodway or regulated
floodplain as defined in Division 11 of the city code; or the fust 25 feet of the w edand
buffer as defined in Section 30-1852 of the cit, code.
(c) Except as otherwise provided in this Section in each instance where am part of a hive is
kept within twenty-five feet of a lot line of thegpiat-17 site a flyway barrier of at least six
feet in height must be constructed
(1) The flyway barrier must consist of a wallfence or dense vegetation that requires
honeybees to fl), over, rather than dirough 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 apiaq 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 hen ht.
(5) A fllnvay barrier is not required if the hive is located on a roofto4s
(4) Additional Requirements
(a) Honeybee colonies shall be kept in loves with removable frames which shall be kept in
sound and useable condition.
fib) 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 prompdy 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 occupant) 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
Ifl 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 anv 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 apiaa site must apply for registration and receive approval prior to bringing any
honeybees into the city.
(b) The application for a beekeeping l2ennit must be upon a form provided by the city All
required infonnation must be complete
Last Updated March 2014
p 0 1 1 R E I e r
NATURE
Stfikethreugks to be removed
Underlines to be added
beekeeper must submit a certificate of completion of a honeybee keeping course from an
Accredited Institution.
6 If the beekeeper relocates a live or colony to a new apiaQ, site the beekeeper shall apply
for an updated beekeeping pen -nit, prior to the relocation on the form provided by the
ci .
(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.
(Df 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 propeM 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 cite 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.
i) If the standards of nractice are not maintained subsequent to issuance of a beekeeyin
permit 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 toapp1y for registration.
(6) LWection
(a) Upon initial registration renewal every two years or any updated registration, each
beekeeper must allow for an inspection of the site.
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) Dangemut 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.
(gh) 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:
/OIIRII B1
Last Updated March 2014
&filee xengHs 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 21 st day of May, 2018.
ATTEST:
Tina Allard, i y berk
Last Updated Marcb 2014
An J. ietz, May )i
erIN"A"'T6 E
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/09/2018 and the last
insertion being on 06/09/2018.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: O't.
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/09/2018 by Darlene MacPherson.
"' ° MpRLENE M. MITCHELL
Notary Publlo-Nllm+esota
< (........ MY Commlest«r Expkes Jan 31.2020 }
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23.00 per column inch
Ad ID 824423
CITY OF ELK RIVER
PUBLIC NOTICE
Councilmember Westgaam in-
troduced the following resolution
and moved its adoption:
Resolution 18-32
A Resolution of the City of
Elk River Approving Notice
of Summary Publication of
Ordinance #18-08 An Ordinance
Amending Section 30-1,
Definitions, and Section 30-
803, Animals, of the City of Elk
River, Minnesota, City Code
WHEREAS, on May 21, 2018,
the Elk River City Council adopted
Ordinance 18-08 amending Sec-
tions 30-1 and 30-803, of the Elk
River Code of Ordinances; and
WHEREAS, the amendment
to Section 30-01 adds definitions
specific to the keeping of bees; and
WHEREAS, the amendment to
Section 30-803 adds regulations
allowing the keeping of honeybees
on all residential parcels of at least
one (1) acne, including the number
of hives, setbacks, permitting, and
inspection processes; and
WHEREAS, a copy of the full
text of the ordinance is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during reg-
ular business hours; and
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by at
least four-fifths vote, authorizes the
publication of the title and summa-
ry of Ordinance18-08.
The motion for adoption of the
foregoing resolution was duly sec-
onded by Councilmember Ovall,
and upon vote being taken thereon,
the following voted in favor there-
of: Mayor Dietz, Councilmembers
Westgaard, Ovall, Wagner, and
Olsen and the following against:
none, whereupon said resolution
was declared duly passed and ad-
opted.
The following members were
present: Mayor Dietz, Coun-
cilmembers Westgaard, Ovall,
Wagner, and Olsen and the follow-
ing absent: None.
Passed and adopted this 4th
day of June 2018.
John J. Dietz, Mayor
ATTEST.
Tina Allard, City Clerk
Published in the
Star News
June 8, 2018
824423