HomeMy WebLinkAbout2010-10-27 Planning & Zoning Packet - Work SessionCITY OF KENAI
PLANNING ZONIN6
COMMISSION
Work Session Reminder
6:30 7 p.m.
October 27, 2010
Beekeeping
Amendment to Title 3 Animal Control
MEMO:
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: October 6, 2010
SUBJECT: Beekeeping
'Valle e with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -75351 FAX: 907- 283 -3014 1 1 I I
1992
The Mayor and Council have requested the Commission review whether or not an
ordinance should be considered which regulates beekeeping in the City. This request is
the result of concerns last summer relating to beekeeping in Woodland Subdivision. If
the Commission determines that an ordinance should be considered, it is recommended
the ordinance be introduced to Council sometime in the next couple months.
Beekeepers order their bees in the spring and if the City is going to regulate
beekeeping, it would be appropriate to provide adequate notice to these individuals.
I have reviewed the Anchorage and Wasilla codes relating to beekeeping. They are
similar in development requirements which are:
Colonies shall be managed in such a manner that their flight path to and from
the hive will not bring them into contact with people on adjacent property. To
accomplish this, colonies shall be:
o At least 25 feet from any lot line not in common ownership;
o Oriented with entrances facing away from adjacent property;
o Placed behind a fence at least six feet in height and extending at least
ten feet beyond the hive in both directions;
o No more than four hives shall be placed on lots smaller than 10,000
square feet.'
Based on this information, an ordinance could be recommended that would amend Title
3, Chapter 3.10.070 Livestock within the city limits to include beekeeping. That chapter
(attached) already restricts livestock by lot size and provides for exceptions for
'Wasilla identifies beekeeping under their code regulating farm animals and further restricts farm animals
on residential lots with a minimum lot size of 40,000 square feet.
educational or youth activities and for relief through the conditional use process under
Title 14.
If the Commission proposes an amendment to Title 3, I will request the City Attorney
draft an ordinance for consideration.
3.10.070 Livestock within the city limits. Page 1 of 2
Kenai Municipal Code
Up Previous Next Main
Title 3 ANIMAL CONTROL
Chapter 110 CONTROL AND TREATMENT OF ANIMALS
3.10.070 Livestock within the city limits.
Search Print No Frames
(a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of
Kenai.
(b) Livestock may be kept on lots of forty thousand (40,000) square feet or greater. No livestock shall be
allowed in the RU, RS1, RS2 or TSH zones. Animals raised for a fur bearing purpose are not allowed in any
zone.
(c) In this section "livestock" is defined as the following animals:
(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary
permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public
exhibitions or entertainment events. The Chief Animal Control Officer may impose conditions on the permits as
reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or pertinent
section of the Kenai Municipal Code. The City Manager may set a permit fee as set out in KMC
7.15.100.
(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in
writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or
youth activities, such as 4 -H, Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under
this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type
and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as
reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the
http: /www.gcode.us/ codes /kenai /view.php ?topic -3- 3_10 3_10_070 &frames =on 10/6/2010
3.10.070 Livestock within the city limits. Page 2 of 2
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit
may be made in writing to the board of adjustment. A permit may be renewed following written notice and
reasonable time for comment to the adjoining property owners. The City Manager may set a permit fee as set out
in KMC 7.15.100.
(e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not
eligible for the keeping of livestock under this section shall be considered a non conforming use of land under
KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date
of the ordinance codified in this section. Offspring of livestock allowed as a non conforming use under this
section may be kept on such lots only until they are old enough to be relocated to a site conforming to this
section or outside of the city limits.
(f) Corrals, pens, hutches, coops or other animal containment structures must have a minimum setback of
twenty -five feet (25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (10') from
the back yard; and must be secure and in good repair.
(g) A person seeking relief from the provisions of this section may apply for a conditional use permit under
KMC 14.20.150.
(h) The ordinance codified in this section will come back to the City Council for review twenty -four (24)
months after the effective date.
(Ord. 1864 -2000)
http: /www.gcode.us /codes/kenai /view.php ?topic =3- 3_10 3_10_070 &frames =on 10/6/2010
Marilyn Kebschull
From: Kenai Animal Shelter [animal @ci.kenai.ak.us]
Sent: Friday, October 15, 2010 11:41 AM
To: Marilyn Kebschull
Cc: Gus Sandahl; David Ross
Subject: RE: Beekeeping
Marilyn,
I agree the simple fix is to include beehives as a "livestock" issue.
I am recommending we insert in KMC 3.10.070(c) a new definition as follows:
"KMC 3.10.070(c)(17) More than one beehive"
This would allow citizens who keep a single hobby /personal -use beehive to continue to do so
without any interference from The City. This would also restrict larger scale "agricultural"
bee keeping to those locations where livestock are currently allowed.
Any complaints from neighbors could be handled in the same way we handle cat, livestock or
any other nuisance animal complaints.
I have reviewed many beekeeping ordinances and none of them would allow what went on in
Woodland subdivision the last three years.
I believe a complex "permitting" process is unnecessary at this time.
Kenai Animal Control will support all forms of responsible animal ownership.
Kenai Animal Control will NOT support ANY form of irresponsible animal ownership.
Brett Reid
Original Message
From: Marilyn Kebschull mailto :mkebschull(0ci.kenai.ak.us]
Sent: Wednesday, October 06, 2010 10:24 AM
To: Gus Sandahl; Animal Control Shelter
Cc: Rick Koch
Subject: Beekeeping
Gus and Brett,
Attached is information prepared for the Commission's consideration for beekeeping. As you
can see, I am recommending it be kept simple and we propose an amendment to Title 3,
Livestock. The work session is set for
6 p.m. on October 27th. I hope you can attend. If not, please provide any comments you
would like the Commission to consider to me before the 27th.
Thanks.
Marilyn K. Kebschull, AICP
Planning Administration
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907-283-8235
Original Message
From: Toshiba Copier City of Kenai mailto :studio5500ci.kenai.ak.usl
Sent: Wednesday, October 06, 2010 10:02 AM
1