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HomeMy WebLinkAbout2024 02-13 C PACKETCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – February 13, 2024 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7:____ p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for the February 13, 2024 Planning Commission Meeting • Approve the Minutes from January 9, 2024 Planning Commission Meeting Public Hearings • None Old Business • Ordinance No. 45 Garbage and Refuse Discussion • Gem Lake Tree Policy Discussion New Business • Beekeeping Discussion Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, February 20, 2024 • Next Planning Commission Meeting, Tuesday, March 12, 2024 o Attendance Inquiry Adjournment – The meeting adjourned at _____ City of Gem Lake Planning Commission Meeting Minutes January 9, 2024 1 | Page City of Gem Lake Planning Commission Meeting – January 9, 2024 Meeting Minutes Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt, Derek Wippich and Don Cummings were present. Not present was Stephanie Farrell. Also present: City Planner Evan Monson, City Attorney Kevin Beck, Acting City Clerk Melissa Lawrence and resident Tom Hoffman. January 9, 2024 A motion was made by Commissioner Pratt to accept the agenda, seconded by Commissioner Wippich. Voice vote taken, all voted yes, motion passes, agenda accepted. Minutes A motion was made by Commissioner Pratt to approve the November 14, 2023, Planning Commission Meeting minutes, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion passes, minutes are approved. Public Hearings None Old Business Ordinance No. 45 Garbage and Refuse Discussion Commission Chair Joshua Patrick looked to City Attorney Kevin Beck and Acting City Clerk Melissa Lawrence to give an overview of the Councils feelings on the garbage survey results and the next steps the Council wanted the Commission to take. Both the City Attorney and Acting City clerk agreed that the Council is not seeking any radical restructure at this time and would like the Commission to continue to update the current ordinance as it is 30 years old. Commissioner Cummings interpreted the Council’s response the same way. The Commission would like to suggest to the Council that City Planner Evan Monson or Acting City Clerk Melissa Lawrence request bids to see what it would cost if the City decided to contract out a garbage hauler. Resident Tom Hoffman voiced his opinion on the topic and feels that this doesn’t need to be another thing that the government need to regulate and has heard from many of his neighbors that they would not be in favor of a city contracted garbage hauler. Once bids are received the city may want to send out another survey getting feedback from the residents once they see what it could cost if the city does contract out to one hauler. City Planner Evan Monson has found some language that could be updated but is seeking feedback from the commission as he does not live in the city. The suggestions made at the November 14, 2023 meeting are still some areas that the commission would like addressed. The Commission will continue to look through the ordinance and see if there are any other suggestions. New Business Gem Lake Tree Policy Discussion The Commission reviewed the current city policy. The current policy only covers what the city is responsible for and doesn’t address how dead, dying, or diseased trees should be handled on private property. The Commission doesn’t think anything should be added to the current policy and that changes shouldn’t necessarily be made to ordinances. City Attorney Kevin Beck suggested that the city add a quick FAQ page on the city website to address possible situations and include a list of arborists like other cities and towns do. The Commission thinks this would be a great next step. City of Gem Lake Planning Commission Meeting Minutes January 9, 2024 2 | Page Open Items for Commission Members to Bring Up Commissioner Cummings brought up when Barnett attended a past Commission meeting and that it was good to hear from them about their plans. Since then, Commissioner Cummings has heard through the grapevine that AutoNation Ford is looking at a possible remodel. It would be wise to keep this in mind and think about how these requests will affect Gem Lake’s current zoning ordinance and Comprehensive Plan. Future Meetings City Council Meeting, Tuesday, January 16, 2024 at Heritage Hall, and Planning Commission Meeting, Tuesday, February 13, 2024 at Heritage Hall. Attendance Inquiry Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues attending the February 13, 2024 meeting. At this time those in attendance have no scheduling conflicts. Adjournment Being there no further business, following a motion from Commissioner Cummings, seconded by Commissioner Pratt, the meeting adjourned at 7:45 p.m. Respectfully submitted, Melissa Lawrence TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmati ve action and equal opportunity. Memorandum To: Gem Lake Planning Commission Project Reference: Ordinance No. 45 Garbage and Copies To: Gem Lake City Council Refuse Update TKDA Project No.: 20459.000 From: Evan Monson, Planner Client No.: Date: February 5, 2024 SUBJECT: Garbage and Refuse Ordinance #45 MEETING DATE: February 13, 2024 ITEMS REVIEWED: Draft Ordinance BACKGROUND At the last few meetings, the Planning Commission has discussed the topic of garbage and refuse. The commissioners reviewed different examples of garbage ordinances for nearby communities, and reviewed results of a survey that was sent out to residents on their garbage hauling service. Included with this memo is a redlined draft ordinance for review by the commissioners that includes changes as suggested by staff. OVERVIEW OF DRAFT ORDINANCE The draft ordinance includes mostly minor changes and edits. Items the commissioners may want to discuss further are: • How early to set out containers for collection? o Current ordinance allows you to place container for pick-up no earlier than 3pm of the day before collection day. • Hours for garbage pick-up. o Current ordinance allows pick-up to occur between 630AM – 830PM, other communities are typically 6AM – 10PM. • Size limitations for containers? o Current requirement is no larger than 32 gallons. • Include language for composting? o Some communities include language regarding composting. Licensing/Contracted Hauling Following up from the last meeting, staff discussed with White Bear Township on whether they would be open to having the city included in their hauling agreement. The Town Board were open to the idea if the city were to adopt or update their ordinances to allow for licensed hauling. The commissioners may want to discuss whether to pursue the licensing idea further, and whether such service would be for residential only, or if non-residential establishments (multi-family, commercial, etc.) should be included as well. Garbage & Refuse Ordinance Page 2 February 13, 2024 Gem Lake Planning Commission NEXT STEPS The commission should review the draft of Ordinance #45. The Commission may recommend further changes or updates to the draft Ordinance, or may recommend it to the City Council for their review and approval. Ordinance No. 45 Garbage and Refuse 1 City of Gem Lake, Ramsey County, Minnesota Garbage and Refuse Ordinance No. 45 AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE, RUBBISH, AND OTHER REFUSE PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Purpose. It is the purpose of this ordinance to regulate the disposal of garbage, rubbish, and other refuse in the City of Gem Lake so as to control rats and other vermin and otherwise protect the health of the inhabitants and property located in the City. Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1. Commercial Establishment. Shall mean any premises where a commercial or industrial enterprise of any kind is carried on, and shall include hotels and boarding houses, clubs, churches, and establishments of nonprofit organizations where food is prepared or served or goods are sold. 2. Garbage. Shall mean animal and vegetable wastes resulting from the handling, preparation, cooking, service and consumption of food and shall also include all other animal wastes, but shall not include refuse or hazardous waste 3. Hazardous Waste. Shall mean hazardous waste as defined in Minnesota Statutes, Section 116.06, subdivision 13. 4. Incinerator. Shall mean any device sued for the destruction of refuse, rubbish, or waste materials by fire. 5. Open Burning. Means the burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney. 6. Refuse. Shall include all wastes which normally result from the operation of a household, except body wastes and garbage, including, but not limited to, rubbish, tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, sod, dirt, tires, rocks, household construction material, cement bricks, trees, leaves, hedge or tree trimmings, burning barrels and mesh backyard burners, household appliances and furniture, or any other household refuse or materials small enough for one man to handle. The term "refuse" shall not include hazardous waste, construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors, or trees in excess of six (6) inches in diameter. 7. Residential Dwelling Unit. Shall mean any single building consisting of four (4) or less separate dwelling places, with individual kitchen facilities for each. Any building containing more than four (4) dwelling places, with individual kitchen facilities, shall be deemed "multiple dwelling residences." Section 3. Disposal of Garbage and Refuse. Every tenant, lessee, owner, or occupant of every private dwelling, house multiple residence, store, motel, restaurant, and every other type of property in the city which accumulates garbage or refuse or both on such premises shall dispose of such garbage and refuse as provided in this section. Garbage and refuse shall be disposed of at least once each week from residential dwelling unit properties. Garbage and refuse in outside storage at any commercial establishment shall be disposed of at least once each week and as often as once each day if necessary to protect the public health. No person shall accumulate or permit to accumulate any refuse on any property in the city which might constitute a nuisance by reason of appearance, odor, sanitation, possible littering of neighboring properties, littering of the property on which the refuse is accumulated, attracting rats or other vermin, or a fire hazard. Ordinance No. 45 Garbage and Refuse 2 Section 4. Collection, Supervision, and Control. The City Council shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection, conveyance, and disposal as they shall find necessary, and to change and modify the same. Any person aggrieved by a regulation of the City Council shall have the right of appeal to the City Council which shall have the authority to confirm, modify, or revoke any such regulation. Section 5. Pre-Collection Practices. Grass clippings, leaves, and other similar refuse shall be placed in bags or bundles not exceeding three (3) feet in any dimension and securely fastened to avoid spillage. Household appliances and furniture falling within the definition of refuse need not be so packaged. All refuse deposited for pickup shall be placed next to the property line unless the commercial private garbage and refuse collector agrees to pick up such refuse from some other location on the premises. Refuse shall be deposited at one place, at ground level, on each property. Refuse and garbage shall not be deposited on the traveled roadway on any street or alley. Refuse and garbage shall not be deposited next to streets or alleys for collection prior to 3:00 p.m. on the day preceding the day of collection and containers and any garbage or refuse which is not picked up shall be removed from any such location on the day of collection. Section 6. Preparation of Garbage and Refuse. Except as otherwise provided in Section 4, all garbage and refuse as accumulated on any premises shall be placed and maintained in containers and shall have drained from it all free liquids before being deposited for collection and shall be wrapped or bagged. Section 7. Contagious Disease Refuse. Refuse such as, but not limited to, bedding, wearing apparel, or utensils from residential dwelling units or other units where highly infectious or contagious diseases are present shall not be deposited for regular collection but shall be disposed of as directed by the health officer or his deputy at the expense of the owner or possessor thereof. Section 8. Hazardous Waste; Hazardous Waste Regulations. All hazardous waste, including but not limited to, explosive and highly flammable material, shall be disposed of in accordance with applicable laws and regulations of the United States of America and the State of Minnesota, including regulations and permit requirements established by the Minnesota Pollution Control Agency and the Minnesota Waste Management Board. Section 9. Duty to Provide and Maintain Containers in Sanitary Conditions. Garbage and refuse containers shall be provided by the owner, tenant, lessee, occupant of the premises or garbage and refuse collector, located in such a manner so as to prevent them from being overturned. Such containers shall be kept in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. No garbage or refuse container shall exceed thirty-two (32) gallons in capacity or have ragged or sharp edges and any other defect liable to hamper or injure the person collecting the contents thereof. Containers not complying with the requirements of this ordinance shall be promptly replaced upon notice. Garbage containers shall be made of metal, or other suitable material, which is rodent, fire, and waterproof and which will not easily corrode and is equipped with suitable handles and tightfitting covers and shall be kept tightly covered when there is garbage therein. Refuse containers shall be of a kind suitable for collection purposes, and shall be of such size and weight that they can be handled by one man, and kept tightly covered when there is refuse therein. Section 10. Multiple Dwelling Residences. Multiple dwelling residences shall either be equipped with refuse containers and refuse pickup service as provided in this paragraph 10 or be equipped with a commercial incinerator complying with the requirements of the Minnesota Pollution Control Agency. Refuse containers provided as an alternative to or in addition to such incineration shall be at least one (1) cubic yard in capacity, shall be conveniently located in relationship to the residence units for which they are provided, shall be water-tight and rodent-proof with self-closing lids and shall be kept in an enclosing structure concealing them from public view. Such structure shall have a raised concrete floor and shall be surrounded by a concrete barrier curb. Such structure shall be kept in a state of good repair at all times. The refuse containers shall be located so that their contents are inaccessible to at least three (3) feet above the base of the enclosing structure. The owner or operator of such multiple dwelling residence shall provide for garbage pickup from such containers each day. Refuse, debris, garbage and other waste materials shall not be permitted to be accumulated in or near the enclosing structures (except in the containers). There shall be daily cleanup in and around each such enclosing structure. Ordinance No. 45 Garbage and Refuse 3 Section 11. Commercial Establishments. The owner or occupant of any commercial establishment or any other property which provides a volume of garbage or refuse or both, which requires garbage and refuse pickup more frequently than once a week, shall also comply with the provisions of the foregoing Section 10. Section 12. Disposition by Burning; Air Pollution Control Regulations. No person shall dispose of garbage or refuse by burning except in accordance with applicable state law and regulations, including the conditions of any open burning permit obtained for such purpose. The regulations of the Minnesota Pollution Control Agency, which have been adopted and incorporated by reference by City Ordinance No. 44 require that a permit be secured for open burning. Section 13. Vehicles for Hauling Garbage and Refuse. All persons hauling or conveying garbage or refuse over the streets in the city shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, dropped or spilled from the vehicle. Any such vehicles shall be kept clean and as free from offensive odors as possible, and, if customarily used for the hauling of garbage or refuse, shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessary to collect garbage and refuse. Any vehicle customarily used for such purposes shall be kept in a clean and sanitary condition and shall be thoroughly disinfected at least once each week unless the same has not been used since the last disinfection thereof. Section 14. Hours for Hauling Garbage and Refuse. No person engaged in hauling refuse or garbage for hire within the city shall do so after eight thirty o'clock p.m. or before six thirty o'clock a.m. on any day. There shall be no garbage or refuse pickup from residential dwelling units on Sunday. Section 15. Inspection. Each vehicle engaged in hauling garbage or refuse in the city shall be subject to inspection by the city at all reasonable times. Any such vehicle, while it is used in the city, shall have the name of the owner clearly printed on both sides. Section 16. Obligation of Commercial Collectors. A commercial garbage and refuse collector shall pick up any garbage and refuse of his customers which has been deposited for collection, in the manner provided by this ordinance. Section 17. Disposal of Garbage and Refuse; Solid Waste Disposal Regulations. No person shall dispose of garbage or refuse upon any property in the city except at a sanitary landfill site, resource recovery facility or other mixed solid waste disposal facility, approved in accordance with applicable law, including Minnesota Statutes Sections 473.801 to 473.834, and the rules and regulations of the Minnesota Pollution Control Agency. Pursuant to Minnesota Statutes Section 471.62, the Solid Waste Disposal Regulations, of the Minnesota Pollution Control Agency are hereby adopted by reference. Section 18. Storage of Garbage and Refuse Containers. Garbage cans and other garbage and refuse containers shall be so located as to be out of the public view, insofar as possible, except on the day of pick up. Section 19. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $700 for each violation or both. Section 20. Enactment. This Ordinance No. 45 was enacted and placed in full force and effect on 15 August 1983 by a unanimous vote of the Gem Lake City Council. CERTIFIED COPY CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 45 AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE, RUBBISH, AND OTHER REFUSE, AND PROVIDING PENALTIES FOR VIOLATION THEREOF Section 1. Purpose. It is the purpose of this ordinance to regulate the disposal of garbage, rubbish, and other refuse in the City of Gem Lake so as to control rats and other vermin and otherwise protect the health of the inhabitants and property located in the City. Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivatfons shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 2(A). Commercial Establishment - . shall mean any Any premises where a commercial or industrial enterprise of any kind is carried on, . and shall includeThis would include but is not limited to: hotels and boarding houses, clubs, churches, and establishments of nonprofit organizatfons where food is prepared or served or goods are sold. 2(B). Garbage. shall mean - animal Animal and vegetable wastes resultfng from the handling, preparatfon, cooking, service and consumptfon of food, and shall also include all other animal wastes, but shall not include refuse or hazardous waste.. 2(C). Hazardous Waste shall mean- hHazardous waste as defined in Minnesota Statutes, Sectfon 116.06, subdivision 13. 2(D). Incinerator. shall mean - aAny device sued used for the destructfon of refuse, rubbish, or waste materials by fire. 2(E). Multiple Dwelling Residence - A property containing more than four (4) dwellings, with individual kitchen facilitfes for each. 2(F). Open burningBurning. Means - tThe burning of any matter whereby the resultant combustfon products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney. 2(G). Refuse. shall include - aAll wastes which normally result from the operatfon of a household, (except body wastes), including but not limited to: Garbage,except body wastes and garbage, including, but not limited to, rubbish, tfn cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, sod, dirt, tfres, rocks, household constructfon material, cement bricks, trees, leaves, hedge or tree trimmings, burning barrels and mesh backyard burners, household appliances and furniture, or any other household refuse or materials small enough for one man to handle. The term "refuse"This term shall not include hazardous waste, constructfon material or other waste or debris resultfng from constructfon or reconstructfon of buildings and other improvements by contractors, or trees in excess ofgreater than six (6) inches in diameter. 2(H). Residential Dwelling Unit. shall mean - any single buildingA property consistfng of four (4) or less separate dwelling placess, with individual kitchen facilitfes for each. Any building containing more than four (4) dwelling places, with individual kitchen facilitfes, shall be deemed "multfple dwelling residences." Section 3. Disposal of Garbage and Refuse. Every tenant, lessee, owner, or occupant of every private dwelling, house, multfple residence, store, motel, restaurantResidentfal Dwelling Unit, Multfple Dwelling Residence, Commercial Establishment, and every other type of property in the city which accumulates garbage or refuse or bothand/or refuse on such premises shall dispose of such garbage and refuse as provided in this sectfonOrdinance. Garbage and refuse shall be disposed of at least once each week from residentfal dwelling unit propertfes. Garbage and refuse in outside storage at any commercial establishment shall be disposed of at least once each week and as often as once each day if necessary to protect the public health. No person shall accumulate or permit to accumulate any refuse on any property in the city which might constftute a nuisance by reason of appearance, odor, sanitatfon, possible littering of neighboring propertfes, littering of the property on which the refuse is accumulated, attractfng rats or other vermin, or a fire hazardas defined in Ordinance 86. Section 4. Collection, Supervision, and Control. The City Council shall have the authority to make regulatfons concerning the days of collectfon, type and locatfon of waste containers, and such other matters pertaining to the collectfon, conveyance, and disposal as they shall find necessary, and to change and modify the same. Any person aggrieved by a regulatfon of the City Council shall have the right of appeal to the City Council which shall have the authority to confirm, modify, or revoke any such regulatfon. Section 5. Pre-Collection Practices. Grass clippings, leaves, and other similar refuse shall be placed in bags or bundles not exceeding three (3) feet in any dimension and securely fastened to avoid spillage. Household appliances and furniture falling within the definitfon of refuse need not be so packaged. All refuse deposited for pickup shall be placed next to the property line, unless the commercial private garbage and refuse collector agrees to pick up such refuse from some other locatfon on the premises. Refuse shall be deposited at one place, at ground level, on each property. Refuse and garbage shall not be deposited on the traveled roadway on any street or alley. Refuse and garbage shall not be deposited next to streets or alleys for collectfon prior to 3:00 p.m. on the day preceding the day of collectfon Pand containers and any garbage or refuse which is not picked up shall be removed from any such locatfon on the day of collectfon. Section 6. Preparation of Garbage and Refuse. Except as otherwise provided in Sectfon 4, all garbage and refuse as accumulated on any premises shall be shall be wrapped or bagged, and placed and maintained in containers and shall have drained from it all free liquids before being deposited for collectfon and shall be wrapped or bagged. Section 7. Contagious Disease Refuse. Refuse such as, but not limited to, bedding, wearing apparel, or utensils from residentfal dwelling units or other units where highly infectfous or contagious diseases are present shall not be deposited for regular collectfon but shall be disposed of as directed by the health officer, or his their deputydesignee, at the expense of the owner or possessor thereof. Commented [EM1]: Moved to 2(E) Commented [EM2]: PC should discuss if this is an appropriate tfme or not Commented [EM3]: Change to code enforcement officer? Section 8. Hazardous Waste; Hazardous Waste Regulations. All hazardous waste, including but not limited to, explosive and highly flammable material, shall be disposed of in accordance with applicable laws and regulatfons of the United States of America and the State of MinnesotaFederal, State, and County regulatfons, including regulatfons and permit requirements established by the Minnesota Pollutfon Control Agency and the Minnesota Waste Management Board. Section 9. Duty to Provide and Maintain Containers in Sanitary Condition. Garbage and refuse containers shall be provided by the owner, tenant, lessee, occupant of the premises, or garbage and refuse collector, located in such a manner so as toto prevent them from being overturned. Such containers shall be kept in a clean and sanitary conditfon and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. No garbage or refuse container shall exceed thirty- two (32) gallons in capacity or have ragged or sharp edges and any other defect liable to hamper or injure the person collectfng the contents thereof. Containers not complying with the requirements of this ordinance shall be promptly replaced upon notfce. Garbage containers shall be made of metal, or other suitable material, which is rodent, fire, and waterproof and which will not easily corrode and is equipped with suitable handles and tfghtiitting covers and shall be kept tfghtly covered when there is garbage therein. Refuse containers shall be of a kind suitable for collectfon purposes, andpurposes and shall be of such size and weight that they can be handled by one man, and kept tfghtly covered when there is refuse therein. Section 10. Residential Dwelling Units. Garbage and refuse shall be disposed of at least once each week from residentfal Residentfal dDwelling uUnit propertfes. 10(A). License. Insert language here if garbage services are contracted for residents. Section 1011. Multiple Dwelling Residences and Commercial Establishments. Multfple dDwelling Rresidences and Commercial Establishments shall either be equipped with refuse containers and refuse pickup service as provided in this paragraph 10 orOrdinance, or be equipped with a commercial incineratoran incinerator complying with the requirements of the Minnesota Pollutfon Control Agency (MPCA). 11(A). Containers. Refuse containers provided as an alternatfve to or in additfon to such incineratfon shall be at least one (1) cubic yard in capacity, shall be conveniently located in relatfonship to the residence tenantsunits for which they are provided for, shall be water-tfght and rodent-proof with self-closing lids, and shall be kept in an enclosing structure concealing them from public viewin accordance with the requirements of Ordinance 131. Such structure shall have a raised concrete floor and shall be surrounded by a concrete barrier curb. Such structure shall be kept in a state of good repair at all tfmes. The refuse containers shall be located so that their contents are inaccessible to at least three (3) feet above the base of the enclosing structure. The owner or operator of such multfple dwelling residence shall provide for garbage pickup from such containers each day. Refuse, debris, garbage, and other waste materials shall not be permitted to be accumulated in or near the enclosing structures (exceptunless within in the containers). Such structure shall be kept in a state of good repair at all tfmesalways kept in a state of good repair. There shall be daily cleanup in and around each such enclosing structure. Section 11. Commercial Establishments. The owner or occupant of any commercial establishment or any other property which provides a volume of garbage or refuse or both, which requires garbage and refuse Commented [EM4]: PC may want to review this requirement Commented [EM5]: If City wishes to pursue contracted hauling for residents, could insert language here Commented [EM6]: #131, sectfon 18 covers screening pickup more frequently than once a week, shall also comply with the provisions of the foregoing Sectfon 10. Section 12. Disposition by Burning; Air Pollution Control Regulations. No person shall dispose of garbage or refuse by burning, except in accordance with applicable state law and regulatfons, including the conditfons of any open burning permit obtained for such purpose. The regulatfons of the Minnesota Pollutfon Control AgencyMPCA, which have been adopted and incorporated by reference by City Ordinance No. 44 77 require that a permit be secured for open Open burningBurning. Section 13. Vehicles for Hauling Garbage and Refuse. All persons hauling or conveying garbage or refuse over the streets in the city shall use a vehicle provided with a tfght cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, droppeddropped, or spilled from the vehicle. Any such vehicles shall be kept clean and as free from offensive odors as possible, and, if customarily used for the hauling of garbage or refuse, shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessarynecessary to collect garbage and refuse. Any vehicle customarily used for such purposes shall be kept in a clean and sanitary conditfon and shall be thoroughly disinfected at least once each week unless the same has not been used since the last disinfectfon thereof. 13(A). Inspection. Each vehicle engaged in hauling garbage or refuse in the city shall be subject to inspectfon by the city at all reasonable tfmes. Any such vehicle, while it is used in the city, shall have the name of the owner clearly printed on both sides. Section 14. Hours for Hauling Garbage and Refuse. No person engaged in hauling refuse or garbage for hire within the city shall do so after eight thirty o'clock8:30 p.m. or before six thirty o'clock6:30 a.m. on any day. There shall be no garbage or refuse pickup from residentfal Residentfal dDwelling uUnits on Sunday. Section 15. Inspection. Each vehicle engaged in hauling garbage or refuse in the city shall be subject to inspectfon by the city at all reasonable tfmes. Any such vehicle, while it is used in the city, shall have the name of the owner clearly printed on both sides. Section 1615. Obligation of Commercial Collectors. A commercial garbage and refuse collector shall pick up any garbage andgarbage and refuse of their customers which has been deposited for collectfon, in the manner provided by this ordinance. Section 1716. Disposal of Garbage and Refuse; Solid Waste Disposal Regulations. No person shall dispose of garbage or refuse upon any property in the city except at a sanitary landfill site, resource recovery facility or other mixed solid waste disposal facility, approved in accordance with applicable law, including Minnesota Statutes Sectfons 473.801 to 473.834, and the rules and regulatfons of the Minnesota Pollutfon Control Agency. Pursuant to Minnesota Statutes Sectfon 471.62, the Solid Waste Disposal Regulatfons, of the Minnesota Pollutfon Control Agency are hereby adopted by reference. Section 1817. Storage of Garbage and Refuse Containers. Garbage cans and other garbage and refuse containers shall be so located as to be out of the public view, insofar as possible, except on the day of pick up. Containers and any garbage or refuse which is not picked-up shall be removed from any such collectfon locatfon no later than 10 p.m. on the day of collectfon. Commented [EM7]: Some communitfes include language on compostfng, PC should discuss if that should be included in this ordinance or not Commented [EM8]: Moved sectfon 15 to here Commented [EM9]: Allowing pickup between 6AM - 10PM is common among peer/nearby citfes Commented [EM10]: Have Attorney verify these are correct Commented [EM11]: Moved from Sectfon 5 to here. Commented [EM12]: Current ordinance states 'remove on collectfon day', would PC prefer it be changed? Section 1918. Penalties. Any person violatfng any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon convictfon thereof, shall be fined in an amount not to exceed $700 for each violatfon or both. Section 2019. Enactment. This Ordinance No. 45 was enacted and placed in full force and effect on 15 August 1983 by a unanimous vote of the Gem Lake City Council. City of Gem Lake Tree Policy Definitions The Right of Way/Boulevard is 60 feet and defined as follows; 30 feet from the center of the City Street Road to the property owners property. Trees within this space or branches that overhang this space are the responsibility of the City. Reasons for Tree Maintenance Branches are pruned throughout the tree to remove unhealthy, broken, or rubbing limbs to improve the overall health and symmetry of the tree. This trimming program is also necessary to provide safe sight lines and allow sufficient overhead clearance for delivery trucks, city vehicles, and maintenance equipment. Ultimately, the results of pruning are to keep the trees healthy and less susceptible to wind damage and disease. The city does not prune branches that are from a tree that is growing in the Right of Way/Boulevard and the branch is over private property. When Maintenance Takes Place Pruning typically take place from October 1st thorough March 31st. This is the most appropriate time of the year to trim trees to prevent infection through pruning wounds. During the remainder of the year trimming is limited to the removal of nuisance, broken or dead limbs and hazardous trees for public safety. Tree Removal The City will remove boulevard trees that are dead or dying, have a disease or infestation, pose a threat to public safety due to structural hazards or for work to install, expand or repair streets or utilities. Once a tree is removed from the boulevard the city will contract for removal of the stump and the re-seeding of any turf disturbed in the process. Removal and re-seeding is done at no charge to the property owner. In the event of a bad storm and a tree or branch(es), are a safety hazard or interfere with snow plowing or maintenance work, the city will contract for removal. Passed by the City Council September 18, 2018 TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmati ve action and equal opportunity. Memorandum To: Gem Lake Planning Commission Project Reference: Beekeeping Ordinance Copies To: TKDA Project No.: 20459.0001 From: CJ Sycks, Planner Client No.: Evan Monson, Planner Date: February 5, 2024 SUBJECT: Discussion regarding the adoption of a Beekeeping Ordinance MEETING DATE: February 13, 2024 ITEMS REVIEWED: Ordinances from other cities regarding beekeeping and Gem Lake’s Ordinances OVERVIEW Gem Lake’s current ordinances have no mention of bees, which may imply beekeeping is permitted with no limit, unless considered a nuisance. It may also imply that beekeeping is prohibited, dependent on one’s interpretation of the absence. The following is a basic overview of how other communities regulate bees and beekeeping: 1. No ordinance. o Bees are allowed unless they are considered a or create a nuisance. o Bees are not allowed, due to a statement deeming the lack of ordinance as an implication of prohibition. 2. Beekeeping is explicitly prohibited in city ordinances, typically mentioned in the sections regarding livestock and non-domestic animals. 3. Bees are considered non-domestic animals/farm animals, and are allowed as an agriculture use. o with or without a permit 4. Beekeeping is permitted in any zoning district. o With or without acreage requirements, setbacks, and conditions o With or without a permit requirement 5. Beekeeping is permitted in only certain zoning districts. o with or without acreage requirements, setbacks, and conditions o with or without a permit requirement If the City wishes to pursue one of the methods above, the following pages outline what the city should consider. Garbage & Refuse Ordinances Page 2 October 10, 2023 Gem Lake Planning Commission BEEKEEPING ORDINANCES Overview Table 1 highlights other city’s ordinances on beekeeping, comparing the structure and details of each one. An ‘X’ signifies whether a community has the corresponding standard or requirement in their ordinances. Appendix A includes the full beekeeping sections from each ordinance, while Appendix B is a more simplified summary of each city’s ordinance regulations. ITEMS TO CONSIDER Permitting Before evaluating the specific regulations and restrictions of a beekeeping ordinance, below are some questions to begin considering how permitting beekeeping may look. If the City wishes to allow beekeeping, there are different options the city can adopt. See Table 2 for how other cities permit beekeeping. • What type of permit and permitting process should be required, if any? o Would it be approved at the commission, council, or by staff? ▪ If permitting beekeeping as a conditional or interim use, the permit would require review by the Planning Commission and approval or denial by the City Council. o How frequently is renewal? ▪ Cities that issue permits or licenses administratively may require renewal annually. • Other Permit Requirements o Some communities require ‘Beekeeping Training’ in order to receive a permit or license. o Some communities require notification of neighbors upon issuance of a permit/license • Inspections o Example: A designated City official shall have a the right to inspect the apiary upon prior notice. o Example: A city official may enter and inspect any property licensed, at any reasonable time. Garbage & Refuse Ordinances Page 3 October 10, 2023 Gem Lake Planning Commission Other Requirements If the city knows they want to permit beekeeping, and have an idea for the permit/licensing process, the standards and requirements for beekeeping uses would then need to be considered. • Should certain districts be prohibited from beekeeping? o Example: Beekeeping is a permitted accessory use in the RE, RX, and RO zoning districts . • Should certain uses be permitted to bee keep? o Example: Beekeeping is permitted as an accessory use if the principal use of the property is ‘Single-Family Detached Residential’. • Should there be a minimum acreage requirement to bee keep? o Example: Beekeeping is prohibited for parcels under 2.25 acres in size. • Setbacks o Example: 25-foot setback from any property line, not to be located in the front yard unless the property is over five acres and district setbacks are met. o Example: 125-foot setback from any neighboring principal structure and 25 feet from any property line. • Colony Density o Example: Limit two colonies on any size lot. o Example: Density of colonies range from between 4 and 8 colonies, dependent on acreage, on lots under five acres. No limit on lots over five acres. • Structure Type and Size o Example: Wooden, removable frame hives are required to be kept in good condition. • Barriers and Signage o Example: A flyaway barrier of six feet in height is required when colonies are within 25 feet of the property line. • On-site Water (to keep bees from flocking to neighboring water bodies) o Example: A water source shall be available on the property within ten feet of each colony. • Sales of Bees and Bee Products o Example: Sale of any bee product is not permitted. • Storage of Comb and Other Waste o Example: Comb and other waste must be disposed of in a sealed, vermin and insect proof, container. Garbage & Refuse Ordinances Page 4 October 10, 2023 Gem Lake Planning Commission CONCLUSION There are a number of items to consider with beekeeping. Initially, the commissioners should determine if this is a use that should be permitted within the city. If yes, then the focus should lead into the permitting process and what standards or requirements would apply. If no, the commissioners should discuss next steps to prohibit them within the city. Attachments: 1. Appendix A: _FullCityOrdinances.pdf 2. Appendix B: _CityOrdinanceSummaries.pdf CHAPTER 1 ANIMAL CONTROL ARTICLE D. HONEY BEES (Apis Mellifera) SECTION 5-1D-1: Minimum Requirements for Keeping of Honey Bees 5-1D-2: Required Improvements and Maintenance 5-1D-3: Violation; Penalty 5-1D-1: MINIMUM REQUIREMENTS FOR KEEPING OF BEES: A. Location: Honey bee keeping shall only be permitted on properties that are zoned R-1: Single-Family Rural Residential, R-2: Single- Family Estate Residential, R-3: Single-Family Suburban Residential or R- 4: Single-Family Residential. (Amended Ord. 501, 2/4/20) B. Lot Size: Honey bee keeping shall be permitted on any property more than or equal to two acres. On lots greater than 2 acres, there shall be no restriction on the number of hives, though all other requirements of the City Code shall be met. 1. Honey bee keeping may be permitted on a property less than 2 acres in size subject to the following conditions: a. The hive(s) are at least 125 feet from a neighboring principle structure; b. There are no more than 2 hives; c. A license is obtained pursuant to the provisions stated herein. Application shall be made on a form provided by the City. If approved, a license shall be issued for a period of 2 years; d. Property owners and occupants within one hundred twenty-five feet (125’) of subject properties shall be notified in writing. (Amended Ord. 501, 2/4/20) C. Hive Location Requirements: Every effort should be made to locate hives in the center of the property, as far from the property lines as possible. All hives must be set back a minimum of 25 feet from the property line. 5-1D-2: REQUIRED IMPROVEMENTS AND MAINTENANCE: A. All hives located closer than 50 feet to a property line shall be surrounded by a hedge or other similar barrier to ensure that the bees assume a vertical flight pattern upon entering or exiting the hive. B. A convenient source of water shall be provided at all times to avoid the congregation of bees at swimming pools, bird baths, or other water sources where they might come in contact with people or pets. C. No wax comb or other such materials are to be left on the grounds of the property. Upon removal from the hive, all such material shall be promptly disposed of in a sealed, bee-proof container or placed within a building or other bee-proof enclosure. 5-1D-3: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law.   74 | Page    §90.02. WILD OR DANGEROUS ANIMALS. (A) Prohibited species. No person shall harbor, maintain or control any wild, dangerous, or non- domesticated animal within the city. These shall include, but are not limited to, the following animals: (1) Any animal which possession is prohibited by state or federal law. (2) Any non-domesticated animal or species, including but not limited to the following animals: (a) Any non-human member of the family Primate (i.e., monkey). (b) Any cat of the family Felidae (i.e., tiger, bobcat), except domesticated cats known as Felis catus. (c) Any canine of the family Canidae (i.e., wolf, coyote), except domesticated dogs known as Canis lupus familaris. (d) Any canine resulting from crossbreeding with a coyote or wolf. (e) Any snake of the family Viperidae (i.e., rattlesnake, cobra), or any snake of the family Boidae (i.e., boa constrictor, python). (f) Any carnivorous reptile (i.e., alligator, crocodile, gila monster). (g) Any poisonous or stinging insect (i.e., scorpion). (h) Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (i) Any raccoon, opossum, porcupine or badger. (j) Any bear. (3) Other animals. Any other animal which by its size, vicious nature or other characteristics which are inherently dangerous to human beings; any other animal which is commonly considered wild and not domesticated; or that because of its odors, cries or similar characteristics is not compatible with urban living. (4) Any animal, including dogs known as Canis lupus familaris, that meets the definition of a dangerous animal contained in this chapter and is not otherwise permitted by this chapter. (B) Licensing Honey Bees. Notwithstanding other provisions of this chapter, a person may keep honey bee colonies on any premises after first obtaining a license as provided in this subsection. No license shall be issued except in compliance with this section. (1) Lot size shall be a minimum of one-half acre, (2) No more than two honey bee colonies shall be allowed, (3) Hives shall be setback from property lines a minimum of 25 feet, (4) Applicant must document at least 16 hours of training in beekeeping, and (5) The colony shall be maintained in good order and not be a nuisance to any member of the public. (C) Compliance with section. Anyone keeping or maintaining any animal prohibited by this chapter as of January 1, 2012, has 30 days in which to comply with the provisions of this section. Extensions beyond 30 days may be granted by the city council in its sole discretion for animals that have been previously permitted by the city. ORDINANCE NO. AN ORDINANCE ESTABLISHING BEEKEEPING AND THEREBY AMENDING REVISED CITY CODE - 1982 BY ADDING CHAPTER 6-800, BEEKEEPING The City of Coon Rapids does ordain: Section 1. Revised City Code - 1982 is hereby amended by adding Chapter 6-800, Beekeeping as follows: (additions double underlined) CITY OF COON RAPIDS, MINNESOTA CHAPTER 6-800 BEEKEEPING 6-801 Definitions. For the purposes of this Chapter, the following definitions shall apply: (1) Apiary shall be defined as the assembly of one or more colonies of bees at a single location. (2) Beekeeper shall be defined as a person who owns or has charge of one or more colonies of bees. (3) Beekeeping equipment shall be defined as anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (4) Colony shall be defined as an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs and honey. (5) Hive shall be defined as the receptacle inhabited by a colony that is manufactured for that purpose. (6) Honey bee shall be defined as all life stages and castes of the common domestic honey Bee, apis mellifera species. (7) Lot shall be defined as a parcel of land intended for transfer of ownership or for building development. (8) Nucleus colony shall be defined as a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. (9) Undeveloped property shall be defined as any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. (10) Swarm shall be defined as a group of bees, usually calm, with a queen that have left a hive to find a new home. 6-802 Colony Location (1) Hives cannot be located in the front yard and must be located a minimum of ten (10) feet from the rear or side property lines and 20 feet from public rights-of way unless further restricted elsewhere in this Code. A corner lot shall be considered to have two front yards. (2) Hives must be located a minimum of ten feet from any adjacent dwelling unit. (a) Except as otherwise provided in this ordinance, in each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least 6 feet in height. (i) The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. (ii) If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in height, so long as the vegetation normally reaches 6 feet in height or higher. (iii) If a wall or fence flyway barrier is used, the materials must be decay resistant, maintained in good condition. A wall or fence flyway barrier over 7 feet in height requires a variance and a building permit. (iv) The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. (v) A flyway barrier is not required if the property adjoining the apiary lot line is (1) undeveloped, or is (2) zoned agricultural or industrial, or is (3) outside of the City limits, or is (4) a wildlife management area or naturalistic park land with no horse or foot trails located within 25 feet of the apiary. (1) If the adjoining property becomes developed, a flyway barrier must be erected according to the specifications of this section. No grandfathering rights for a legal nonconformity shall accrue under this subsection. 6-803 Colony Density (1) No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size or configuration of the apiary lot: (a) One half acre or smaller lot: 2 colonies (b) Larger than 1/2 acre but smaller than 3/4 acre lot: 4 colonies (c) Larger than 3/4 acre lot but smaller than 1 acre lot: 6 colonies (d) One acre but smaller than 5 acres: 8 colonies (e) Larger than 5 acres: no restriction (2) If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation the portion of this ordinance limiting the number of colonies if temporarily housing the swarm on the apiary lot in compliance with the standards of practice set out in this ordinance for no more than 6 months from the date acquired. 6-804 Required Conditions. (1) Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. (2) Each beekeeper shall ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the hive. (3) Each beekeeper shall ensure that no wax comb, syrup for feeding honey bees, or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container. (4) For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body with no supers. (5) Each beekeeper shall maintain their 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. (6) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. (7) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly re-queen the colony. (8) Honey may be sold pursuant to city code and state and federal laws. (9) The beekeeper shall show they have had a complete course on beekeeping including but not limited to disease and mite management and swarm control. 6-805 Permit. (1) No person shall anywhere in the City keep, harbor, or maintain care, custody, or control over any apiary without obtaining a permit issued by City. (2) No permit shall be issued to a rental property unless the property owner provides written consent to the application. For properties located within a managed community with a home ownership association, the association management must provide written consent to the application. (3) Application for permit. Any person desiring a permit under this chapter shall make written application to the Community Development Director on a form prescribed by the City: (a) Among other things, the application shall contain the following information: (i) A description of the real property upon which it is desired to keep apiary. (ii) The number of hives to be maintained on the premises. (iii) A site plan of the property showing the location and size of the proposed apiary, setbacks from the apiary to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of flyway barrier proposed, if required. (iv) Statements that the applicant will at all times keep the apiary in accordance with all of the conditions prescribed by the City, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this article and grounds for cancellation of the permit. (v) Proof of the applicant having completed coursework on beekeeping. (vi) Agreement that property may be inspected by City at all reasonable times. (vii) Such other and further information as may be required by the officer. (b) Approval of application is subject to conditions prescribed by City. Failure to adhere to conditions is cause for cancellation of the permit and/or may result in an administrative fine. (4) If granted, the permit shall be issued by the Community Development Director and shall state the conditions, if any, imposed upon the permitted for the keeping of honey bees under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the City deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. (5) All beekeeping permits will remain in effect until voluntarily cancelled, or revoked and are subject to revocation should the Chapter be repealed in its entirety or modified in such a way. Permits are non-transferrable. (6) The fees for the registration will be determined by the City Council in the city’s fee schedule. (7) Any person aggrieved by the decision of the Community Development Director may appeal that decision to the City Council by filing a request for appeal with the City Manager within ten calendar days after the Community Development Director’s decision. The City Manager shall cause the appeal to be placed on the agenda of the next regular City Council meeting that is held not less than ten calendar days following receipt of the appeal request. The City C ouncil may affirm or reject the decision of the Community Development Director. The Council may add reasonable conditions to any decision granting a license or permit or may delete any conditions previously imposed by the Community Development Director. (8) Beekeepers operating in the City prior to the effective date of the Section will have until July 1, 2024 to apply for registration. 6-806 Inspection. 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 and more often upon complaint without prior notice. 6-807 Presumed Colony/Hive Value. For the purpose of enforcing City ordinances against destruction of property, each colony/hive shall be presumed to have a value of $275. 6-808 Violations. Failure to comply with a provision of this Chapter is a violation and the City is authorized to take one or more of the following actions: (1) Initiate a criminal action by citation or formal complaint. A violation of this chapter is a misdemeanor. (2) Process the violation as a public nuisance abatement matter under Chapter 8-1100. (3) Process the violation or violations as an administrative procedures action under Chapter 2-1100. (4) Process the matter in any other way as allowed by statute or federal law. (5) Community Development Director may revoke permit issued under this Chapter if the person holding the permit refuses or fails to comply with this Chapter, with any regulations promulgated by the City pursuant to this Chapter, or any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all honey bees being owned, kept or harbored by such person, and no part of the permit fee shall be refunded. (a ) (b ) (1 ) (2 ) (3 ) (4 ) (5 ) (6 ) (7 ) (8 ) (9 ) (c ) (1 ) (2 ) (3 ) (4 ) (5 ) (6 ) (7 ) (8 ) (9 ) Se c . 9 0 - 9 4 . - A g r i c u l t u r a l d i s t r i c t ( A G ) . Pu r p o s e . T h e a g r i c u l t u r a l d i s t r i c t ( A G ) i s t o p r o v i d e a n a r e a f o r t h e p r o d u c t i o n o f l i v e s t o c k , d a i r y a n i m a l s , d a i r y p r o d u c t s , p o u l t r y o r po u l t r y p r o d u c t s , f u r - b e a r i n g a n i m a l s , h o r t i c u l t u r a l o r n u r s e r y s t o c k , f r u i t , v e g e t a b l e s , f o r a g e s , g r a i n s , t i m b e r , t r e e s , o r b e e s a n d ap i a r y p r o d u c t s , a n d o t h e r u s e s d e p e n d e n t o n t h e i n h e r e n t p r o d u c t i v i t y o f t h e l a n d . S i n g l e - f a m i l y d e t a c h e d h o u s i n g a t a d e n s i t y o f on e u n i t p e r t e n g r o s s a c r e s i s a l s o p e r m i t t e d . Pe r m i t t e d u s e s . T h e f o l l o w i n g a r e p e r m i t t e d i n t h e A G d i s t r i c t : Ag r i c u l t u r e , i n c l u d i n g s a l e o f p r o d u c e g r o w n o n p r e m i s e s . Da y c a r e f a c i l i t i e s , a s d e f i n e d b y s t a t u t e ( r e f e r t o s e c t i o n 9 0 - 2 2 0 ). Es s e n t i a l p u b l i c s e r v i c e s ( r e f e r t o s e c t i o n 9 0 - 2 2 3 ). Fe e d l o t s ( r e f e r t o s e c t i o n 9 0 - 2 2 6 ). In d o o r r i d i n g a r e n a s ( r e f e r t o s e c t i o n 9 0 - 2 3 5 ). Pl a n t n u r s e r i e s , w h o l e s a l e ( r e f e r t o s e c t i o n 9 0 - 2 5 6 ). Re c r e a t i o n a l f i e l d s , s t r u c t u r e s a n d b u i l d i n g s , c i t y o n l y . Re s i d e n t i a l f a c i l i t y ( c o m m u n i t y r e s i d e n c e ) w i t h o n e t o s i x i n d i v i d u a l s ( r e f e r t o s e c t i o n 9 0 - 2 1 8 ). Si n g l e - f a m i l y d e t a c h e d r e s i d e n t i a l d w e l l i n g s ( r e f e r t o s e c t i o n 9 0 - 2 6 6 ). Ac c e s s o r y u s e s . T h e f o l l o w i n g a r e p e r m i t t e d a c c e s s o r y u s e s i n a n A G d i s t r i c t : Ac c e s s o r y b u i l d i n g s ( r e f e r t o s e c t i o n 9 0 - 2 0 4 ). Ac c e s s o r y d w e l l i n g u n i t ( r e f e r t o s e c t i o n 9 0 - 2 7 7 ). Ex t e r i o r s t o r a g e ( r e f e r t o s e c t i o n 9 0 - 2 2 4 ). Fa r m a n d g a r d e n p r o d u c e s a l e s ( r e f e r t o s e c t i o n 9 0 - 2 2 5 ). Fa r m h a n d l i v i n g q u a r t e r s ( r e f e r t o s e c t i o n 9 0 - 2 7 6 ). Fe n c e s ( r e f e r t o s e c t i o n 9 0 - 2 2 7 ). Ga r a g e s , p r i v a t e ( r e f e r t o s e c t i o n 9 0 - 2 3 0 ). Ho m e o c c u p a t i o n s ( r e f e r t o s e c t i o n 9 0 - 2 3 2 ). 9.24-VII BEEKEEPING 9.24.480 Definitions 9.24.490 Purpose 9.24.500 Standards Of Practice 9.24.510 Colony Density 9.24.520 Permit Required 9.24.530 Application 9.24.540 Penalty 9.24.480 Definitions The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Apiary means the assembly of one or more colonies of bees at a single location. Beekeeper means a person who owns or has charge of one or more colonies of bees. 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 bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Hive means the receptacle inhabited by a colony that is manufactured for that purpose. Honey bee means all life stages of the common domestic honey bee, apis mellifera (African subspecies and Africanized hybrids are not allowed). Lot means a contiguous parcel of land under common ownership. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.24.490 Purpose The purpose of this subchapter is to establish certain requirements for beekeeping within the city, to avoid issues that might otherwise be associated with beekeeping in populated areas. (a)Compliance with this subchapter 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 previous nuisance. (b)Compliance with this section 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. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.24.500 Standards Of Practice These standards of practice apply only to lots smaller than five acres. (a)Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. (b)Each beekeeper must ensure that a convenient source of water is available within ten feet of each colony at all times that the colonies remain active outside the hive. (c)Each beekeeper must ensure that no wax, comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials, once removed from the site, shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container. (d)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. (e)Honey bee colonies may only be kept on lots three-quarters of an acre or larger. (f)Each beekeeper is allowed to make in person sales of honey from the beekeeper's residence as long as the following standards are met: (1)The beekeeper must live on the apiary lot; (2)All honey sold in person on the residential premises must be produced by the beekeeper's hives that are located on the subject residential premises; (3)No products may be sold in person at the residence except honey and honey-related products produced from hives on the premises; (4)No outside storage or display of products or merchandise; (5)No traffic that is greater than the residential level of the neighborhood; (6)No separate business entrance; (7)All signage must comply with city sign regulations; (8)Not more than 15 percent of the total gross floor area of the residence or 200 square feet, whichever is less, is devoted to making, storing, and selling honey; (9)No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and (10)No nonresident employees are permitted. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.24.510 Colony Density (a)No person is permitted to keep more than the following numbers of colonies on any lot within the city, based upon the size of the apiary lot: (1)Lots three-quarters of one acre or larger but smaller than 2 1/2 acres: Four colonies; (2)2 1/2-acre lot or larger but smaller than five acres: Six colonies; (3)Five acres or larger: No restriction. (b)Colonies must be set back 25 feet from the property line of an adjacent occupied residential lot. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.24.520 Permit Required (a)No beekeeping may occur on properties of less than five acres unless the city issues a permit to the beekeeper on that specific property. The permit will be valid for two growing seasons. (b)A beekeeping permit will only be issued if: (1)The permit application documents the satisfaction of all applicable items found in LEC 9.24.480 through LEC 9.24.530; and (2)Notices have been mailed to all homes within 150 feet of the applicant's property lines. a.If there are objections received within ten days of mailing the notices, then the permit application must be considered by the city council. b.If there are no objections received within ten days of mailing the notices, then the permit application will be processed by city staff. It will not be referred to the city council for consideration. (c)Permits are non-transferable and do not run with the land. (d)A permit constitutes a limited license granted to the beekeeper by the city and in no way creates a vested zoning right. (e)By signing the permit, the beekeeper acknowledges that he shall defend and indemnify the city against any and all claims arising out of keeping the bees on the premises. (f)Beekeeping permit fees shall be as established by the city council. (g)All standards of practice and colony density standards must be met in order to issue a permit. (h)If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the city. (i)Beekeeping training is required for the beekeeper prior to issuance of an initial beekeeping permit by the city. Documentation for such training may be provided in the following ways: (1)Either provide a certificate of completion from a honeybee keeping course from the University of Minnesota or from Century College; (2)Request consideration for having completed a comparable course from another institution or instructor; (3)Request consideration for substituting equivalent experience for the honeybee keeping course; or (4)Provide a letter from a current beekeeping instructor at the University of Minnesota, Century College, or other educational institution offering similar beekeeping courses that states that the permit applicant has gained through other means a substantially similar knowledge base to one that could be gained through appropriate beekeeping courses at the University of Minnesota or Century College. (j)Any beekeeper wishing to make in person sales of honey from their home according to the standards of practice section must so indicate on the annual permit. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.24.530 Application Any person desiring a permit required under the provisions of this subchapter shall make written application to the city clerk upon a form prescribed by and containing such information as required by the city. Among other things, the application shall contain the following information: (a)A description of the real property upon which it is desired to keep the bees. (b)A site plan of the property showing the location and size of the proposed apiary, the number of hives, setbacks from apiary to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, type, and height of any related flyways. (c)Statements that the applicant will at all times keep the bees in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this subchapter and grounds for cancellation of the permit. (d)Such other and further information as may be required by the officer. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.24.540 Penalty Any person who shall violate the provisions of LEC 9.24.480 through LEC 9.24.530 shall be guilty of a misdemeanor and, upon conviction, shall be penalized in accordance with LEC 1.04.230. HISTORY Adopted by Ord. 08-253 on 11/3/2021 (a) (b) (c) (d) (1) Sec. 6-86. - Honeybees. Permit required. No person shall keep or maintain any hive or other facility for the housing of honeybees on or in any property in the RE District without a permit. Notification to adjacent property owners. The applicant must provide written notification to occupied property owners situated within 250 feet from the hive. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Apiary means the assembly of one or more colonies of honeybees at a single location. Beekeeper means a person who owns or has charge of one or more colonies of 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 honeybees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Hive means the receptacle inhabited by a colony that is manufactured for that purpose. Honeybee means all life stages of the common domestic honeybee, Apis mellifera species, of European origin. Lot means a contiguous parcel of land under common ownership. Nucleus colony means a small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular purpose. Undeveloped property means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. The term "undeveloped property" shall be deemed to include property developed exclusively as a street or highway, or property used for commercial agricultural purposes. Standards of practice. Any person obtaining a permit pursuant to this section shall comply with the following standards of practice: Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. (2) (3) (4) (5) (6) (e) (1) (2) (3) Each beekeeper shall ensure that a convenient source of water is available to the colony prior to being and so long as colonies remain active outside of the hive. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect proof container. For each colony permitted to be maintained under this section, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9⅝-inch depth ten-frame hive body with no supers. Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any beekeeper's unused equipment to attract a swarm, even if the beekeeper is not intentionally keeping honeybees. Each beekeeper shall enclose the hive with a latching fence. The fence shall be located at a maximum of ten feet from the hive. The fence shall be between four and six feet in height. Colony density. Any person obtaining a permit pursuant to this section shall comply with the following restrictions on colony density based upon the size of the lot: One acre but smaller than five acres: No more than eight colonies. Larger than five acres: As determined by the city council. Regardless of lot size, so long as all lots within a radius of at least 250 feet from any hive, measured from any point on the front of the hive, remain undeveloped, the maximum number of colonies may be increased by the city. No grandfathering rights shall accrue under this section. (Code 1997, § 600.21(3)(F)) Oakdale MN Code of Ordinances: Chapter 4 - Page 6 may be returned to the owner who may be prosecuted for permitting a violation of this chapter or such animal may be impounded and the owner required to pay an impoundment fee plus the established daily board fee. In the event of such impounding, the owner shall remain subject to prosecution and the penalties provided for by this chapter. An animal shall be considered impounded when taken under control by a member of the Police Department. It is unlawful to interfere with any member of the Police Department in the act of enforcing this chapter. Upon such seizure and impoundment, it shall be the duty of the member of the Police Department impounding the animal to prepare a written report of the impoundment and, when the owner of the animal is known, to notify the owner of said impoundment. Sec 4-14. Establishment of Pound; Disposition of Impounded Animals. The City may designate a facility for boarding stray animals. All dogs and cats shall be kept according to state laws. Any person, owner or otherwise, claiming an animal must pay impounding and boarding fees to the City before said animal will be released. Sec. 4-15. Sanitation. (a) Any owner shall have the responsibility for keeping their property clean of all fecal matter created by the animal. All animal waste shall be removed at least two times per month so as to keep the surrounding area free from obnoxious odors. (b) It is unlawful for any owner to cause or permit their dog or cat to be on any property not owned or possessed by them without having in their possession a device or equipment and immediately picking up animal feces created by their dog or cat and disposing of said feces in a public receptacle or in a receptacle located at the owner’s property. (c) Violation of this section is a misdemeanor. Sec. 4-16. Maximum Number of Dogs and Cats Allowed. No owner shall have more than three dogs, three cats, or a total combination of dogs and cats, of more than three months of age, within any individual dwelling units within the City without first obtaining a permit from the Police Department. Sec. 4-17. Permits Required. No person shall keep or allow to be kept the following without first obtaining a permit from Police Department: (a) Bees: No person shall keep or allow to be kept any man-made or manufactured hive or other facility for the housing of bees within the City without first obtaining a permit from the City Police Department. (b) Hooved Animals: No person shall stable, keep, or permit any hooved animal in the City without first obtaining a permit from the Police Department. The keeping of hooved animals may also require owners to register for a Biosecurity Premise Identification Number with the State of Minnesota. (c) Small Animals and Birds of the Orders Anseriforms and Galliformes: No person shall keep more than one rabbit, one chinchilla, or one mink without first obtaining a permit from the Police Department. No person shall keep chickens, turkeys, ducks, geese, pigeons, or similar small animals or birds, in the City without first obtaining a I.Beekeeping. 1.Purpose. Honeybees are an asset to the community and important in the pollination of plants and production of honey and other products. The purpose and intent of this division is to permit and establish requirements for keeping of honeybee colonies and equipment within the city. 2.Definitions. For purposes of this division the following definitions shall apply unless the context clearly indicates or requires a different meaning. APIARY. The assembly of one or more colonies of bees on a single lot. BEEKEEPER. A person who owns or has charge of one or more colonies of honeybees. COLONY. 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. A solid fence, wall, or dense vegetation at least six feet in height that continues parallel to the apiary site lot line at least ten feet in each direction from the colony, that requires bees to fly over, rather than through the barrier. Depending on the barrier type and construction, or location, additional permitting may be required prior to installation. HIVE. The receptacle inhabited by a colony. UNDEVELOPED PROPERTY. A lot adjacent to an apiary where residential dwellings, commercial buildings, trails, sidewalks, or streets do not currently exist, or are greater than 25 feet from an existing hive. 3.Location requirements. a.Beekeeping is permitted in all zoning districts in accordance with this division (I). In the B-3, Central Business District Zone, hives must be kept on the roof of a building at least 12 feet in height. b.Hives must not be located in the front yard, unless on a lot larger than five acres and the front yard setback of the zoning district is met. For purposes of this section, a corner lot has two front yards. c.Hive setback must be in accordance with the following requirements: Hive Setback Distance Hive Setback Distance Lot line 25 feet Adjacent dwelling 25 feet Lot line with a flyway barrier 15 feet Trail/sidewalk/patio 25 feet 4.Colony design. a.Colonies must be kept in removable frame hive bodies no more than nine and five-eighths inches deep with no more than ten frames. b.An adequate and convenient water source must be within ten feet of active hives. Every effort should be made to ensure that the water source is free of chemicals typically found in tap water. c.Hives must not exceed six feet in total height. d.Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees is left exposed outdoors. Such materials must be stored in sealed insect-proof containers or placed within a building. e.Maximum number of colonies permitted based on lot size: Lot Size # of Colonies Lot Size # of Colonies Less than 0.50 acres 2 colonies 2.51 to 4.99 acres 16 colonies 0.51 to 1.0 acres 4 colonies 5.00 to 9.99 acres 24 colonies 1.01 to 2.50 acres 8 colonies Greater than 10 acres 32 colonies 5.General regulations. a.All beekeepers must register active hive sites with the Zoning Administrator. Beekeepers must register existing hives within 60 days of the publishing of this division (I). b.Sale of honey or related bee products. Retail sales in residential zones must only be from hives on that property and comply with the this Code of Ordinances on home occupations, which may require a home occupation permit. All on-site signage must meet this Code of Ordinance requirements. c.If an undeveloped property adjacent to a colony is developed, the colony locations must comply with all sections of this Code of Ordinances within 90 days of the development. d.Hive bodies must be maintained in good condition, including maintenance of paint, and when not in use must be removed within 14 days if they are no longer occupied. Hives on a building rooftop must comply with the same screening requirements for rooftop mechanical equipment in the Zoning Code. e.A beekeeper that removes a hive or swarm from an unwanted area may exceed the maximum colony quantity requirements for up to 30 days, but must meet all other requirements of this division (I). f.Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to control swarming. g.In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. Queens shall be selected from European stock bred for gentleness and non-swarming characteristics. h.Upon prior notice of the owner of the apiary site, the Zoning Administrator or designee shall have the right to inspect any apiary for the purpose of ensuring compliance with this division (I). It shall be deemed a violation of this division for any person to resist, impede, or hinder the Zoning Administrator or designee in the performance of their duties in inspecting any apiary and apiary site. (2013 Code, § 10.22) (Ord. 1, passed 4-1-1979; Ord. 8, passed 6-29-1978; Ord. 66, passed 6-18- 1981; Ord. 360, passed 8-5-1993; Ord. 416, passed 7-13-1995; Ord. 885, passed 7-17-2014) Penalty, see Shakopee Code 130.99 HISTORY Amended by Ord. O2019-002 Adding Beekeeping on 3/5/2019 A. B. C. D. E. F. 10-68-13. - Keeping of bees. Bees shall not be kept on parcels smaller than two and a quarter (2.25) acres in size or within a PUD as identified by Code. No parcel shall have more than one (1) hive or colony housing structure not to exceed three (3) feet in size in any dimension unless it is an agricultural use. All hives shall be of the removable frame type. All hives shall be kept 100 feet from any property line. Hives shall be kept in a manner that does not create a nuisance to neighbors or general public. Hives found to be unattended, damaged, infected or abandoned shall be deemed a nuisance. Properties of all sizes are encouraged to register their hive with the City for the purpose of Emergency Management. ( Ord. 291, SS , 1-18-2022; Ord. No. 306, SS , § 3, 2-21-2023) (a) (b) (1) (2) (3) (4) (5) (c) (1) (2) (3) (4) (5) (6) Sec. 10-11. - Limited keeping of honeybees. Intent and purpose. It is the intent and purpose of this section to set standards for the limited keeping of honeybees in urban settings as a non-commercial hobby independent of the requirements found in section 10-5. Definitions. Beekeeping equipment means anything used in the operation of keeping honeybees, 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. Hive means the receptacle inhabited by a colony that is manufactured for that purpose. Honeybee means all life stages of the common domestic honeybee, Apis mellifera species of European origin. Nucleus colony means a small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular purpose. Conditions. The limited keeping of honeybees may be permitted as an accessory use to a single family residence subject to the following: The property shall be occupied with a single-family home. The owner of the honeybees shall live in the dwelling on the property. The property owner shall be in receipt of a license as required by this Ordinance. Honeybees shall be kept in hives with removable frames, which shall be kept in sound and usable condition. A convenient source of water shall be available to the colony prior to and so long as colonies remain active outside of the hive. No wax comb or other material that might encourage robbing by other bees shall be left upon the property. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container. For each colony, 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 inch depth ten-frame hive body with no supers. Beekeeping equipment shall be maintained in good condition including keeping the hives painted and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any unused equipment to attract a swarm, even if the property owner is not intentionally keeping honeybees. (7) (8) (9) (d) (1) (2) (3) (e) (1) (2) (f) All hives shall be enclosed with a latching fence. Hives shall be located not less than 10 feet from the property line and located only in the rear yard. In each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, and any entrances to the hive faces the property line, there shall be established and maintained a flyway barrier at least six feet in height. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such 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 feet in height, so long as the vegetation normally reaches six feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for ten feet in either direction from the hive. All other sides of the area encompassing the colonies shall consist of fencing, a wall, dense vegetation or combination thereof at least four-feet tall. The area encompassing the colonies need not entail the entire property. No more than two colonies shall be permitted per property. License required. A license is required for any person seeking to keep honeybees as allowed by this section. Any applicant shall complete an application form provided by the city. Any amendment to an existing license shall constitute a new application and fee. The application shall include, but not limited to the following information: Site plan showing the location and size of the premises and the location, size and type of all structures, colonies, hives, flyaway barriers, fences, storage containers, and any other item related to the beekeeping operation. An agreement by the applicant that the premises may be inspected by the city at all reasonable times to ensure compliance with all applicable conditions. Applicant must document 16 hours of beekeeping training in the form of a certificate from the University of Minnesota. Other similar training may be substituted if found to be acceptable by the city administrator. Duration of license and fee. Each license issued hereunder shall expire on December 31 in the year of issuance unless sooner revoked. A license shall be renewed annually to continue the limited keeping of honeybees. The annual fee for a license shall be in such amount as set forth in chapter 42, which shall be paid at the time of the making of the application. (g) (h) Public notification. Upon issuance of the first license, the applicant shall supply mailing labels for all properties within 150 feet of the property on which the honeybees are proposed to be kept. An informational notice shall be sent to the property owners within 150 feet at the applicant's expense. Right of entry for inspections. The animal control officer or city administrator's designee may enter and inspect any property licensed for the keeping of honeybees at any reasonable time for the purpose of investigating an actual or suspected violation to ascertain compliance or non-compliance with this section. Violation and penalties. When a violation is found to have occurred, the officer or agent of the city shall give written notice thereof to the owner. If said violation is not remedied within ten days, the city may issue a citation to appear in district court to answer the charges stated thereon. Any owner found violating any of the provisions of this section shall upon conviction be guilty of a misdemeanor punishable by a fine. Any conviction shall result in the revocation of the permit by the city council. (Ord. No. 694, § 2, 4-1-13) b. c. d. (6) a. b. (7) (8) (9) (10) (11) (12) a. The height of these sheds shall be limited to single-story and shall not exceed the height of the principal building; The shed shall be used for the storage of domestic supplies, and may include the storage of lawn equipment and mowers, snowmobiles, ATVs or similar small personal recreation vehicles. The storage of private passenger vehicles/automobiles shall be prohibited; and Any new shed must be architecturally compatible or made with similar materials as the principal building. Detached private garages in excess of 1,200 square feet, according to the following conditions: Compliance with applicable standards contained in section 38-605; and Any new detached private garage must be architecturally compatible or made with similar materials as the principal building. Retail sale of nurseries, tree farms, greenhouses, or related products, but only if a given percentage of the total site area is devoted to the growing of nursery stock within the soil, to conservation use, or is wholly unimproved, such percentage to be determined by the city council based on the criteria in section 38-43. Kennels, for detached single-family homes of more than five domestic animals. Public buildings. Churches. Schools. Beekeeping, in compliance with the following conditions: The maximum colony density per lot shall be as follows: Lot Size Colonies Permitted ½ acre or less 2 ½ acre to ¾ acre 4 ¾ acre to 1 acre 6 b. c. d. e. f. g. h. i. (13) 1 acre or larger 8 Buildings, hives, apiaries, or other areas containing bees are only permitted in rear yards and shall have minimum setbacks of 50 feet from an adjacent principal dwelling and 20 feet from any property boundary line. Colonies shall be kept in hives with removable frames that shall be kept in sound and usable condition and shall not exceed six feet in height. A convenient source of water is available at all times that the colony remains active outside of the hive. Wax comb or other materials stored outside shall be within closed containers with lids. An inactive hive shall be removed within 30 days if no longer occupied by a colony. The use shall not constitute a public nuisance and shall be in compliance with the applicable code requirements. Honey produced on the property shall be for personal use and consumption by the owners of the premises and shall not be sold or offered for sale. Any use and/or structure permitted under this section may be inspected at any reasonable time by the animal control officer, or other agent of the city, to verify compliance with the applicable performance standards. Small wireless facilities, in compliance with section 38-606 and chapter 30, article III. (Code 1999, § 9.020; Ord. No. 723, § V(9.020), 2-20-2018; Ord. No. 725, § I(9.020), 3-6-2018; Ord. No. 732, § II, att.(38-98), 2-5-2019) Sec. 38-99. - Lot area and dimension standards. Use Minimum Lot Area Per Dwelling Unit Minimum Lot Width Minimum Lot Depth Single-family detached dwelling connected to public sanitary sewer 10,200 square feet 85 feet; 105 feet (corner lot) 120 feet §702.010 POLICE REGULATIONS §702.045 118 (1) Cage-type traps used for the control of nuisance animals; (2) Any mechanical device which is specifically designed or primarily used for capturing, killing or controlling mice, rats, moles and other small rodents. Subd. 2. Trapping Prohibited: No person shall trap animals within the City of White Bear Lake unless acting in response to a wildlife management concern with the approval of the City Manager or designee, with the exception of trapping performed on private property, in response to a wildlife management concern, at the request of the property owner, by a commercial wildlife control operator possessing a current Minnesota DNR off-season permit. Such trapping shall be in full compliance with State Statutes and regulations of the Minnesota DNR. (Ref. Ord. 1083; 1/8/13) 702.045 KEEPING OF BEES Subd. 1. Title: Ordinance authorizing the keeping of bees, and providing for the issuance of licenses and providing for violations. Subd. 2. Intent and Purpose: It is the purpose and intent of this ordinance to permit the keeping of bees, as a hobby, subject to regulations hereinafter set forth. It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding pastime, and that gentle strains of honey bees can be maintained within populated areas without causing a nuisance if carefully managed. Therefore, it is also the purpose and intent of this ordinance to permit the keeping of bees in such ways that is not a nuisance to or detrimental to the public health, safety, and welfare of the community. Subd. 3. Definitions: A. “Beekeeper” means a person who owns bees. B. “Colony” means an aggregate of bees consisting principally of workers, but having, when perfect, one queen, drones, brood, combs and honey. C. “Hives” means the receptacle inhabited by a colony that is manufactured for that purpose. D. “Honey Bee” means all life stages of the common domestic honey bee, apis mellifera (African subspecies and Africanized hybrids are not allowed). Subd. 4. Conditions: The keeping of bees may be permitted subject to the following: A. Beekeeping is limited to single- and two-family residential properties only. B. A maximum of four colonies permitted per property. (Ref. Ord. 14-05-1092, 5/13/14). C. Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. Each hive structure shall not exceed 20 cubic feet in volume. §702.010 POLICE REGULATIONS §702.045 119 D. Each beekeeper shall ensure that a convenient source of water is available within 10 feet of the hives at all times that the colonies remain active outside of the hive. E. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left exposed outdoors. Such materials shall be stored in sealed insect-proof containers, or placed within a building. F. No selling of honey permitted without an approved home occupation permit. G. Hives must be setback at least 10 feet from all property lines and at least 25 feet from a principal building on an abutting lot. Hives may not be located in a front yard. H. A flyaway barrier shall shield any part of a property line that is within 20 feet of a hive. The flyway barrier shall be six feet in height and shall consist of a wall, fence, dense vegetation or a combination thereof such that the bees will fly over, rather than through it to reach the hive. If the adjoining property is undeveloped, with no trails through it to reach the hive. If the adjoining property is undeveloped, with no trails located within 20 feet of the property line, then a flyway barrier is not required. A flyway barrier would be required if an undeveloped property becomes developed. I. Each hive shall be equipped with a “Warning: Bee Hive” sign consisting of letters at least 4-inch tall. (Ref. Ord. 1092, 5/13/14) Subd. 5. Application for License: A. Applicant shall complete an application form provided by the City. The application shall include, but not be limited to the following information: a site plan showing the location and size of the premises and the location, size and type of hive. The application shall include an agreement by the applicant that the premises may be inspected by City staff at all reasonable times so as to assure compliance with the conditions outlined in Subdivision 4. B. Renters of single and two-family residential properties must provide evidence of the property owner’s consent. C. The applicant for a license to keep bees shall provide written consent from all owners of property within 100 feet from the property on which the bees will be kept. D. Each beekeeper shall complete a training course prior to issuance of a license by either: i. Providing a certificate of completion from a honeybee keeping course from either the University of Minnesota, Century College or the Three Rivers Park District. ii. Requesting consideration and submit documentation for having completed a comparable course from another institution or instructor. E. The applicant shall present proof of and maintain liability insurance in the amount of at least $100,000 covering damage that may be caused by the beekeeping activity. §702.010 POLICE REGULATIONS §702.045 120 F. Duration of License; Fee: i. Each license issued hereunder shall expire five (5) years after issuance unless sooner revoked. A license must be renewed upon expiration to continue the keeping of bees. ii. The fee for a permit shall be $30.00, which shall be paid at the time of the making of the application therefore. Subd. 6. Right of Entry for Inspection: City staff may enter and inspect any property containing a colony at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this ordinance. Subd. 7. Violation and Penalties: When City staff finds a violation to have occurred, the city shall give written notice thereof to the beekeeper. If the violation is not remedied within ten (10) days of the notice, the City may issue a misdemeanor citation. Any beekeeper found violating any of the provisions of this ordinance shall upon conviction be guilty of a misdemeanor. Any violation of this ordinance may result in the revocation of the permit. (Ref. Ord. 1085, 5-14-13) Beekeeping Ordinance Summary City What is Permitted? Permit Type Andover - Must be zoned R1, R2, or R3 - No restrictions on number of hives for lots greater than 2 acres - Limit 2 hives for lots under 2 acres - 125 foot setback from neighboring principle structure - 25 foot setback from the property line - Hives within 50 feet of a property line need a flyaway barrier - Water source is required on property - Materials must be disposed of in a sealed bee proof and vermin proof container - A license is required - Neighbors within 125 feet of the hives shall be notified Centerville - 0.5 acre minimum - Limit 2 colonies - 25 foot setback from the property line - A license is required - 16 hours of beekeeping training Coon Rapids - Rear yard only - 10 foot setback from the property line - 20 foot setback from the public ROW - If a hive is within 25 feet of a property line, then a flyaway barrier is required in most cases - Colonies are limited based on acreage for lots under 5 acres (2-8 colonies) - No colony limit for lots over 5 acres - A permit is required - Applicant must attend a beekeeping class Hugo "Bee and apiary products" are included in the purpose of the Agricultural District, no other mention of bees. Meaning bees are permitted in the AG district with little restriction. None Beekeeping Ordinance Summary Lake Elmo - Removable frames must be kept in good condition - A water source is required within 10 feet of each colony - Materials must be disposed of in a sealed bee proof and vermin proof container - On 0.75 - 2.5 acres, 4 colonies are permitted - On 2.5 - 5 acres, 6 colonies are permitted - On 5 acres or more, there are no limits - 25 foot setback from the property line of an adjacent residential lot - In person sales are permitted, if standards (f)(1)-(10) of the ordinance are met - A permit is required for lots less than 5 acres - Valid for two growing sessions - Notices mailed to homes within 150 feet of property - Beekeeping training is required Mahtomedi Not permitted Not permitted Newport - Bees are considered a farm animal - Removable frames must be kept in good condition - There are additional structure restrictions in the ordinance, (d)(4) - A water source is required within 10 feet of each colony - Materials must be disposed of in a sealed bee proof and vermin proof container - Hives must be enclosed within a 4 - 6 foot tall, latching fence, within 10 feet of the hives. - 1 - 5 acres, 8 colonies are permitted - 5+ acres, city council determines the density - Regardless of lot size, if surrounding lots are not developed, City Council can wave or change the limit - A permit is required in the RE District - Notification mailed to homes within 250 of the hive Oakdale No regulations - A permit is required from the City Police Department Beekeeping Ordinance Summary Shakopee - Permitted in all districts - On the Central Business District Zone, hives must be kept on 12 foot or taller roofs. - Not to be located in the front yard, unless lot 5 acres and district setbacks are met - 25 foot setback from property line and any adjacent dwelling unit - If including a flyaway barrier, the setback from a lot line is 15 feet - 25 foot setback from any trail/sidewalk/path - Sales are permitted and may require a home occupation permit - Bee behavior and exceptions are regulated in the Ordinance (Section 5. General Regulations) - A water source is required within 10 feet of each colony - Permitted density of colonies ranges from 2 colonies to 32 colonies based on acreage - Beekeepers must register active hive sites via the City's portal St. Francis - Beekeeping is considered an accessory use - Parcels must be 2.25 acres in size or within a PUD - Maximum of 1 hive, and must be less than 3 feet in size in any dimension unless in agriculture use - Removable frame type - 100 foot setback from any property line - Encouraged to register their hive with the City for the purpose of Emergency Management St. Paul Park - Must be a non-commercial hobby, accessory to a single family home - Removable frames must be kept in good condition - A "convenient water source" shall be available - Materials must be disposed of in a sealed bee proof and vermin proof container - Hives must be enclosed with a latching fence - 10 foot setback from the property line - Rear yard only - If a hive is within 25 feet from a property line, then a flyaway barrier of at least six feet in height and continuing 10 feet in either direction parallel to the lot line, is required. All other sides shall have a 4 foot flyaway barrier. - Maximum of 2 colonies - License is required Annual renewal on January 1st - Notification mailed to homes within 150 feet of the property Beekeeping Ordinance Summary Vadnais Heights - Beekeeping is considered a Conditional Use in Residential Districts - Permitted density of colonies ranges from 2 colonies to 8 colonies based on acreage - Rear yards only - 50 foot setback from any adjacent homes - 20 foot setback from the property line - Removable frames must be kept in good condition - Comb must be stored outside with a closed lid container - Sale is not permitted - Conditional Use Permit required White Bear Lake - Limited to single- and two-family residential properties - Maximum of 4 colonies - Removable frames must be kept in good condition, not exceeding 20 cubic feet in volume - A water source is required within 10 feet of each colony - Materials must be disposed of in a sealed bee proof and vermin proof container - Selling is not permitted, unless a home occupation permit is obtained - 10 foot setback from the property lines - 25 foot setback from any adjacent home - Not permitted in front yard - If hive is located within 20 feet from a property line, then a flyaway barrier of at least six feet in height, is required - If the adjoining property is undeveloped, with no trails within 20 feet of the property line, no flyaway barrier is required - Each hive must be equipped with a "Warning: Bee Hive" sign, consisting of letters at least 4 inches tall. - A license is required, lasting 5 years - Renters must have owner's written consent - Notification mailed to homes within 100 feet of the property. - Must complete a beekeeper training - Must have proof of liability insurance of at least $100,000 CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – March 12, 2024 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7:____ p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for the March 12, 2024 Planning Commission Meeting • Approve the Minutes from February 13, 2024 Planning Commission Meeting Public Hearings • None Old Business • Ordinance No. 45 Garbage and Refuse Discussion • Gem Lake Tree Policy Discussion • Beekeeping Discussion New Business • None Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, March 19, 2024 • Next Planning Commission Meeting, Tuesday, April 9, 2024 o Attendance Inquiry Adjournment – The meeting adjourned at _____