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HomeMy WebLinkAboutCity Council Ordinance 2023-09CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE No. 2023-09 ORDINANCE AMENDING CHAPTERS X AND XXI OF THE PLYMOUTH CITY CODE, REGARDING THE KEEPING OF BEES (2023036) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 1010.01, subd. 7 of the Plymouth City Code (LICENSE FEES— Miscellaneous) is amended to add the following subsection Q as follows: Q. Beekeeping License 100 biennial license fee (every two years) SECTION 2. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS—DEFINITIONS) is amended by adding, deleting, or changing definitions as follows: Animals: a) Domestic Animals. For purposes of this Chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds (except those defined as farm animals or wild animals) that can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it includes and rabbits, normally sheltered outside the home. b) Farm Animals. Cattle, hogs, potbelly pigs, becl, sheep, goats, chickens, turkeys, horses (including miniatures) and other animals commonly accepted as farm animals in the State of Minnesota. Bees, Related: a) Apiary: The assembly of one or more colonies of bees at a single location. b) Beehive: A receptacle inhabited by a colony that is manufactured for the purpose of housing bees,which is designed so that the beekeeper can collect the honey that they produce. c) Beekeeper: A person who owns or has charge of one or more colonies of bees. d) Colony: An aggregate of bees consisting principally of workers, but typically having one queen and at times drones, brood, combs and honey. e) Flyaway Barrier: A barrier that directs bees'flight upward to prevent bees from flying at a height where they would intersect with a person or animal in a neighboring property.The barrier could be a solid wall, fence,dense vegetation, 227196v1 Ordinance 2023-09 Page 2 or any combination thereof that provides an obstruction through which honey bees cannot readily fly. f) Water Supply: A natural pond/stream or artificial container holding sufficient water with landing sites for honey bees to forage without drowning SECTION 3. Amendment. Section 21170.01, subd. 1 of the Plymouth City Code (ANIMALS— Keeping Animals) is amended to read as follows: Subd. 1. Domestic animals, except bees, are allowed in all zoning districts, as regulated by Chapter IX of the City Code. SECTION 4. Amendment. Section 21170 of the Plymouth City Code (Animals) is amended to add Section 21170.04 (Keeping of Bees), as follows: 21170.04 Keeping of Bees. Subd. 1. License Required. No person shall have bees within the City of Plymouth without first obtaining a Beekeeping License.The procedures and fees for such license shall be as set forth in Chapter X, Licenses and Permits; Procedures and Fees of the City Code. Subd. 2. Licensing Process. a) A Beekeeping License shall only be granted for use in RSF-1, RSF-2, RSF-3,single-family detached PUD, and P-I zoning districts. b) Application Requirements. 1) A license application shall be signed by the property owner and shall include the submittal of a site plan and hive plan with the location and specifics of the hives, setbacks from all property lines and structures, including those on adjacent properties. The application shall also denote the proposed beekeepers, if different from the property owner.Any change in this information shall require a new application to the City. 2) Evidence of completion of the "Beekeeping in Northern Climates" course from the University of Minnesota or other comparable institution. 3) A bee management plan must accompany the application, including plans for swarm management, mite and disease treatment, and native pollinator preservation. c) Upon receipt of a beekeeping application, the City shall follow the process for Home Occupations under Section 21145. d) Any selling of honey from the home would require a separate home occupation license process pursuant to section 21145, in addition to any requirements from the Minnesota Department of Agriculture Dairy and Food Inspection Division regulations. e) The City hereby reserves the right upon issuing any beekeeping license to inspect the premises in which the beekeeping is being conducted to ensure compliance with the provisions of this section, or any conditions additionally imposed.The City reserves the right to suspend or revoke any beekeeping license based on failure to comply with this section or relevant City Code sections, in accordance with the procedures specified in Section 1005. Subd 3. Hive Requirements. Any person keeping bees within the City of Plymouth under a license granted under this section shall comply with the following requirements: Ordinance 2023-09 Page 3 a) Location. Colonies shall be located in the side or rear yard only and shall have a setback of at least 10 feet from the side or rear property lines. A 6 foot flyaway barrier shall be provided. b) Water Source. An appropriate water source shall be provided within 10 feet of each colony. c) Signage.The licensee shall post a clearly visible warning sign indicating that a beehive is present on the property.The sign shall be between four and eight square feet and oriented towards the public, as determined by the zoning administrator. No separate sign permit is required. d) Number. Each property may be allowed up to two hives at initial permit submission, with the potential to increase to four in the spring to accommodate hive expansion. e) Neighborhood Beekeeping. Common spaces on residential, homeowners association maintained properties, properties zoned Public/Institutional, or properties owned by the City, are eligible for a beekeeping license if: a. All other requirements of this section are met. b. One main beekeeper shall be identified as an ongoing point of contact,willing to respond to any questions or concerns with the ongoing operations of the hive(s). c. The colony is located a minimum of 50 feet from public trails. SECTION 5. Effective Date. This Ordinance shall be effective upon its passage. APPROVED by the City Council on this 8th day of August, 2023. Jeffry Wosje, Mayor ATTEST: Jodi Gallup, City Clerk