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HomeMy WebLinkAbout2019-389 Bee OrdinanceCity of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2019-389 Motion By: Schultz Seconded By: Bottema CITY OF CORCORAN February 28, 2019 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 81, CHAPTER 1020 AND CHAPTER 1040 OF THE CORCORAN CITY CODE RELATED TO BEE KEEPING (CITY FILE 17-038) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Chapter 81.01. "Definitions" (Animal Ordinance) of the Corcoran City Code is hereby amended by deleting the %str,-ir.-k material and adding the underlined material as follows: APIARY. The assembly of one or more managed colonies of bees at a single location. BEEKEEPER. A person who owns or has charge of one or more colonies of bees. BEEKEEPING EQUIPMENT. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. COLONY. An aggregate of bees consisting principally of workers and a developing or adult queen, and at times drones, brood, combs, and honey.:. FARM ANIMALS. Shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chicken, turkeys), fowl (ducks, geese), swine (including Vietnamese pot- bellied pigs), goats, and other animals associated with a farm, ranch, or stable. HIVE. A manufactured receptacle inhabited by a colony. A hive that is not under management by a beekeeper but has been occupied by a swarm shall be deemed a hive under the control of the owner of the property on which the hive is located and is subject to the requirements of this Ch HONEYBEE. All life stages of the common domestic honey bee, apis mellifera. LOT. A contiguous parcel of land under common owner NUCLEUS. A colony temporarily maintained for swarm management, re- queening, - re- establishing, or wintering a permanent colony, where honey supers are not maintained as a part of the nucleus hive. City of Corcoran County of Hennepin State of Minnesota February 28, 2019 SWARM. A compact cluster of bees located outside a hive and containing a queen, in the process of establishing a new hive. SECTION 2. Amendment of the City Code. The text of Chapter 81.12. "Bees" (Animal Ordinance) of the Corcoran City Code is hereby amended by deleting the stFirUk material and adding the underlined material as follows: 1. Location and Hive Density a. Subject to the restrictions stated in this Chapter 81, beekeeping shall be a permitted use in all zoning districts within the City. b. No apiary shall occupy a front yard. For the purposes of this section, a corner lot is considered to have two front yards. c. Hives may be maintained on rooftops, subject to Section 2. d. African. bee subspecies and Africanized hybrids are prohibited within the e. No person may keep an apiary on a lot less than one acre in size. No colonies may be maintained inside dwellings, garages, or any other structure requiring a building permit. f. On lots one acre or greater, the following maximum number of colonies may be At least one acre but less than 2 Y2 acres : 4 colonies At least 2 Y2 acres but less than 5 acres : 6 colonies Greater than 5 acres : no restriction, g. Compliance with the requirements of this Chapter shall be the obligation of the owner of any property on which an apiary is maintained, regardless whether the property owner owns or directly manages the apiary, beekeeping equipment or hives located on the owner's property. h. Sale to the general public of products derived from beekeeping within the City shall be governed by applicable zoning standards, including ordinances regulating Home Occupations. i. Beekeepers maintaining hives on lots zoned commercial, industrial or public institutional shall post siqnage in an area open to the q neral public, identifying the location of the apiary on the lot. 2. Required Beekeeping Practices. City of Corcoran County of Hennepin State of Minnesota February 28, 2019 All apiaries and persons keeping bees in the City shall comply with the following standards of p ra ct i ce: a. Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. b. Each beekeeper shall ensure that so long as colonies remain active outside of the hive, a source of water is available on the apiary lot in close proximity to the colony. c. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left exposed at or about the apiary. Such materials, once removed from the apiary, shall be stored in sealed container placed an insect -proof structure, or destroyed. d. For each colony permitted to be maintained under this chapter, there may also be maintained upon the same lot one nucleus colony in a hive structure not to exceed one standard nine and five-eighths (9 5/8) inch ten (10) frame hive body with no supers. e. Each beekeeper shall maintain beekeeping hives and equipment in good condition and if the beekeeper is not actively managing a colony within any hive maintained by the beekeeper, the beekeeper shall remove the hive from the apiary and store the unused hive in a manner to prevent occupation of the unused hive by a swarm. f. Setbacks and Barriers. Except as provided in this sub-section F, no hive shall be kept within ten (10) feet of any lot line. In each instance where a hive is kept less than twenty-five (25) feet from any lot line, the beekeeper shall establish and maintain between the hive and the lot line a flyway barrier at least six (6) feet in height. The flyway barrier shall be of a reasonably impervious nature so that honeybees will fly over rather than through the material to reach the colony. If a flyway barrier of dense vegetation is used, the initial planting may be four (4) feet in height, so long as the vegetation normally reaches six (6) feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for ten (10) feet in either direction from the hive. A ten (10) foot lot line setback and a flyway barrier are not required if the property adjoining the apiary lot line is either (a) an undeveloped parcel .greater than one (1) acre, (b) agricultural or industrial, or (c) a wildlife management area or nature park land with no public trails or facilities within twenty-five (25) feet of the hive, and in the case of any of (a), (b), or (c) the hive entrances face away from the adjoining property. A flyway barrier is not required if the hives are located on the roof of a structure containing at least one (1) full story and all hives are located not City of Corcoran County of Hennepin State of Minnesota February 28, 2019 less than five (5) feet from the side of the structure. Rooftop hives remain subject to any screening requirements contained in applicable zoning standards. SECTION 3. Amendment of the City Code. The text of Chapter 81.09. "Possession or Sale of Non-Domestic Animals" (Animal Ordinance) of the Corcoran City Code is hereby amended by deleting the StHrUke material and adding the underlined material as follows: In addition to the penalty provided in 81.130 for a violation of this section, any person found guilty of violating this section shall be liable to the city for all expenses, whether incurred by the city or advanced by the city, for the shelter, food, veterinary expenses, boarding and transportation of the seized non-domestic or dangerous animal, and such other expenses as may be required in the relocation or destruction of any such non-domestic animal. SECTION 4. Amendment of the City Code. The text of Chapter 1020.020 "Definitions" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the SALF.a...k. material and adding the underlined material as follows: AGRICULTURAL USE: The production, for sale, of livestock, dairy animals, dairy products, poultry, or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees er,- he and apiary products. SECTION 5. Amendment of the City Code. The text of Chapter 1040.090 Subd. 3. "CR (Commercial Rural)" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the str.r.--k material and adding the underlined material as follows: C. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code. SECTION 6. Amendment of the City Code. The text of Chapter 1040.100 Subd. 3. tic-1 (Neighborhood Commercial)" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the GAr..-k. material and adding the underlined material as follows: D. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code SECTION 7. Amendment of the City Code. The text of Chapter 1040.110 Subd. 3. "C-2 (Community Commercial)" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the S.A.,na...k. ► material and adding the underlined material as follows: E. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code SECTION 8. Amendment of the City Code. The text of Chapter 1040.120 Subd. 3. "BP (Business Park)" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the S.. ft. Ir I r%. ikx material and adding the underlined material as follows: E. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code City of Corcoran County of Hennepin State of Minnesota February 28, 2019 SECTION 9. Amendment of the City Code. The text of Chapter 1040.125 Subd. 3. 1-1 (Light Industrial)" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the 6 ° +" knn material and adding the underlined material as follows: , a%w I % N-0 I I C. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code DG. Retail sales related to the processing of product on site so long as it does not exceed thirty percent (30%) of the floor space of the principal building. ED. Tenant restaurants, cafeterias, and retail service limited to tenants of the building, provided that they be essentially limited to providing service to the users of the permitted use, and that no signs or other evidence of these uses are visible from the exterior of the building. SECTION 10. Amendment of the City Code. The text of Chapter 1040.130 Subd. 3. "Downtown Mixed Use (DMU) District)" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the StrrUk. material and adding the underlined material as follows: C. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code DG. Outdoor seating within the public right of way or public open space for a permitted or conditional use, provided that: 1. A sidewalk area at least six feet (6') wide is maintained free of seating in the area. 2. An outdoor seating plan is prepared and approved by the City Council on the recommendation of the planning commission, on finding that the plan will not compromise public health, safety, or welfare. The plan may also include seasonal temporary landscaping and features such as planter boxes, hanging baskets, low partitions, roped off areas, and other approved elements. ED. Public open space plaza, square or other related uses. SECTION 11. Amendment of the City Code. The text of Chapter 1040.135 Subd. 3. "General Mixed Use (GMU) District" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the GtFirUk material and adding the underlined material as follows: D. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code E-D. Outdoor seating accessory to a restaurant. FE. Public open space plaza, square or other related uses. GF. Structured parking. City of Corcoran County of Hennepin State of Minnesota February 28, 2019 SECTION 12. Amendment of the City Code. The text of Chapter 1040.145 Subd. 3. "PI (Public /Institutional)" (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the sfinr.--k material and adding the underlined material as follows: C. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code. DG. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests. SECTION 13. Effective Date. This Ordinance shall be in full force and effect upon its passage. VOTING AYE ® Thomas, Ron ® Bottema, Jon Dejewski, Brian ® Keefe, Mike ® Schulz, Alan VOTING NAY El Thomas, Ron F-1 Bottema, Jon ❑ Dejewski, Brian F-1 Keefe, M i ke F-1 Schulz, Alan Whereupon, said Resolution is hereby declared adopted on this 28th day of February 2019. Ron Thomas -Mayor ATTEST: City Seal J sica Beise -City Clerk/Administrative Services Coordinator 00