HomeMy WebLinkAbout2010-11-10 Planning & Zoning Packet - Work SessionCITY OF KENAI
PLANNING di ZONING
COMMISSION
Work Session Reminder
6 -7p.m.
November 10, 2010
Beekeeping
Amendment to Title 3 Animal Control
KENAI ALASKA
MEMO:
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: October 28, 2010
SUBJECT: Beekeeping
Village with a Past, Gi with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -75351 FAX: 907 -283 -3014 1 1 111
1992
At your work session on October 27, 2010, the Commission discussed whether or not
Title 3 should be amended to regulate beekeeping in the City of Kenai. There was a
general consensus the code should be amended to regulate beekeeping.
The following appears to have been agreed upon by the group:
1. Beekeeping should be allowed by right on lots at least 10,000 square feet in
size.
a. Is it the intent of the Commission that beekeeping should be allowed in
all zones or restricted by zone as is the current standard for livestock?
2. A maximum of four (4) hives per lot should be permitted.
a. Is it the intent of the Commission that a lot that was 20,000 square feet
would be allowed 8 hives, etc?
3. Conditional use should be provided for in situations where the lot does not
meet the minimum lot size or for additional hives above the allowed amount.
4. Criteria should be established for the development of hives under the CUP
including:
a. 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:
At least 25 feet from any lot line not in common ownership; or
Oriented with entrances facing away from adjacent property; or
Placed behind a fence at least six feet in height and extending
at least ten feet beyond the hive in both directions.
Attached are copies of the information from the October 27 work session. I have
requested clarification from the Municipality of Anchorage as to how beekeeping is
regulated in the city.
KENA1 ALASKA
MEMO:
itfa e with a Past, Ci with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -75351 FAX: 907 283 -3014 Ile
1992
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration'
DATE October 29, 2010
SUBJECT: Municipality of Anchorage Standards Beekeeping
Angela Chambers, Division Manager, of the Zoning and Planning Division of the
Municipality of Anchorage provided the following information from their code:
Keeping honey bees is mentioned in most residential districts and their public
lands /institutions as an accessory to residential or permitted use with certain standards.
The standards are as follows:
Keeping honey bees, Apis mellifera, in a manner consistent with the
requirements of all titles of this Code. 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; or
o Oriented with entrances facing away from adjacent property; or
o Placed at least eight feet above ground level; or
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.
With this information, the Commission may want to discuss whether or not the use
should be accessory to a permitted use, or allowed as a principal use, or a mixture of
both. It may be appropriate to provide for by right uses in rural areas where there are
larger lots and less density and to restrict the use as secondary in smaller lot, higher
density areas.
3.10.070 Livestock within the city limits.
Kenai Municipal Code
Up Previous Next Main
Title 3 ANIMAL CONTROL
Chapter 3.10 CONTROL AND TREATMENT OF ANIMALS
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of
Kenai.
Search Print No Frames
Page 1 of 2
(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. geode.us/ codes /kenai /view.php ?topic =3 3_10 3_10_070 &frames =on
10/6/2010
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THE 510E CM' OF PHOEIIL'S. ARILI
PART I- CHARTER
CHAFER 1. 11AIIE AIID 008110AR115
CHAFER IL GENERAL POWERS. MGR
CHAFER 10 GOV ERNIO
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CHAFER XI. COIIFLO OF !WERE S
CHAFER XIL I101.11(1AT1011 80-ID ELEC'
CHAFER XIII. GENERAI. PROVISIOtIS
CHAPTER XIV. SPECIAL ELEC10115
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CHAF"ERXVL -"RTE REFEREIIDU1.1
CHAP -ER XVII. -7HE RECALL
CHAFER XVIIL FINANCE AIID 7 AXA1
CHAFER XLX. CONTRAG'S
CHAPTER XX. FRANCHISEAtIO PUBLE
CHAFERXXL 111SCELLADEO0S PR01
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CHAP ERXXI:L PARKS AIM RECREA
CHAP -ER XXIV. PHOEIIIX Cr!`:' ENPLO
CHAFER XXV. PERSONNEL SYSTEM
CHAFER X50/L en' OF PHOEINE IIO
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Chapter2 A011IIIs'IOAT10Ft
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Chapter 9- CABLE `ELEV100011 LICENSE
Chapter EA Ii1DUS7RLAL GAS 01PEL1111
Chapler 113 'ELECOI ILIUIIICA 10H5 51
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Chapler 10A- COIIVE1ITIOII CENTERS
Chapler 11 CUL DEFENSE
Chapter 12 ELEC IONS
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(t) Keeping of bees.
(1) It shall be unlawful for any person to keep bees on any lot or parcel of land
consisting of less than six thousand square feel In area without first having
obtained written permission, subject to the provisions of section 8 -9 consenting
to the keeping of bees on such lot orparcel from all oflhe lawful occupants and
the lawful owners of adjoining tots or parcels of land, an defined In section 8 4 1yh10h are located In the Immediate vicinity [Rile propertywhereon the bees are
kept
(2) It shall be unlawful for any person to IOaOp or maintain more than one hive or
oniony of bees for each one thousand seven hundred square feet of area wlliiln
any lot orparcel of land upon which bees are Kept or maintained.
(3) Ito hive or colony of bees shall be kept or maintained within five feet of any
boundary line ofthe tot or parcel upon which the bees are Rept.
(4) Any person keeping or maintaining bees wlthinihe Clty shall provide a constant
and easily sccsesibie supply ofwaler.af sufgdent quantityto nleetthe needs of
all bese being maintained.
(Code (982,§ 8.9; Ord. Ito. G -1063, 50; Ord. Ito. 0 -1387, 91; Ord. Ito. 04402. 1; Ord. (to, 6.2398. 51;
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Sec. 8 -9. -Written permission; revocation.
in All
0 Pc
Written permission as presided in sedian 8 -1. subsection A and Section 0 -10.
subsection B. shall be signed bythe occupant or owner so consenting and is effective
when it is filed with the Director of the Neighborhood Senices Department or the
Directors designee and expires five years from Hs effective date.
B. Except as otherwise provided in subsection C, written permisslon Is irrevocable by the
occupant or owner so consenting fora period of Ns years bem Its effective dale.
C. Written permission Is revoked for the purpose of complying with the exceptions of
Section 8 -7. subsection A. and Section 8 -10. subsection 8, under any of hie following
circumstances:
1. A lawful occupanlwho has given written permission gives up legal possession
of the residence or property covered under section 8 -7, s'hsedlon A. or Section
8 -10, subsection B.
2. A lawful owner of property who has given written permission is divesled of all
interest in the property by the recordation with the tlarlcopa County Recorder of
Transfer of legal owmershfp.
3. A lawful [Amer or lawful occupant of propertywho has given written permission
files a signed revocation 01wrilten permission with the Director orate
Neighborhood Senices Department orllie Directors designee priori[ the filing
of the written permission.
(Code 1962, 8 -10; Ord. No. 0 -0367, r; Ord. Ito. 0.4705. 1, adapted 68 -2000, elf: 7 -8 -2005)
Sec. 8.10. Minimum area limitation; nuisance.
Except as otherwise provided In this section. It Is hereby declared to be a nuisance and
it shall he unlawful for any person to keep any animal, as defined in section 8 -1 of Bps
chapter, within the City on any lot or parcel [Hand consisting of less than ten Thousand
square feel in area.
(b) Poultry may be kept on a lot or parcel of rand within the City consisting of an area less
than tan thousand square feet if written permission consenting to the keeping of poultry
on such lot or parcel is first obtained from all of the lawful occupants and the lawful
owners of adjoining lots 01110(081s 'Oland. as defined in section 8 -1. which are located
in the Immediate vicinity of the property whereon the poultry Is kept.
(c) The provisions of subsections (a; and (I1; above shall not applyto the keeping or:
111 Small household pets to include. but not be limited 10 dogs and cats: or
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Bees in the City? New York May Make Hives Legal NYTimes.com
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March 14, 2010
sine
I ivies C
By IUIIREYA NAVARRO
Kathleen Boyer suspects the mailman.
A y g
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The officials were also prodded by beekeepers who, in a petition and at a public hearing last
month, argued that their hives promoted sustainable agriculture in the city.
Page 1 of .4
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She said she could not think of anyone else in her neighborhood who would have complained
about the two beehives she kept under a pine tree in her front yard in Flatbush, Brooklyn,
leading the city's health department to fine her $2,000 last fall.
"1 was kind of surprised," said Mrs. Boyer, an art director with a media company. "People see us
in our bee suit and they'd bring their kids to watch us and ask us questions."
New York City is among the few jurisdictions in the country that deem beekeeping illegal,
lumping the honeybee together with hyenas, tarantulas, cobras, dingoes and other animals
considered too dangerous or venomous for city life. But the honeybee's bad rap and the days
of urban beekeepers being outlaws may soon be over.
On Tuesday, the Department of Health and Mental Hygiene's board will take up the issue of
amending the health code to allow residents to keep hives of Apis mellifera, the common,
nonaggressive honeybee. Health department officials said the change was being considered
after research showed that the reports of bee stings in the city were minimal and that honeybees
did not pose a public health threat.
A ban, of course, has not deterred many New Yorkers from setting up hives on rooftops and in
yards and community gardens, doing it as a hobby, to pollinate their plants or to earn extra
income from honey. Although the exact number of beekeepers in the city is unknown, many
openly flout the law. They have their own association, hold beekeeping workshops, sell their
honey at farmers' markets and tend to their hives as unapologetically as others might jaywalk,
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http: /www.nytimes. corn 2010 /03/15 /science /earth/15bees.html ?_r 1 &pagewanted =print 10/27/2010
Bees in the City? New York May Make Hives Legal e NYTimes.com Page 2 of 4.
blaming their legal predicament on people's ignorance of bees.
"People fear that if there's a beehive on their rooftop, they'll be stung," said Andrew Cote,
president of the New York City Beekeepers Association, which was formed two years ago and
has 220 members.
"Honeybees are interested in water, pollen and nectar," he said. "The real danger is the skewed
public perception of the danger of honeybees."
Still, some beekeepers say their renegade status causes headaches.
Sam Elchert, 22, a Columbia University student who is majoring in writing and philosophy, said
it took him months to find a suitable home for his hives, which resemble short wood filing
cabinets with movable frames inside. His building's management turned him down, fearing
legal problems because of the hives, he said. A community garden in Brooklyn welcomed the
hives, but wanted them tucked away in the bushes where they would not get the sunlight they
needed.
A friend of Mr. Elchert's, who owned a brownstone in Manhattan complete with a backyard,
declined to house the hives because his father was a lawyer, Mr. Elchert said. So did Columbia,
where officials in charge of dining services and some green roofs said no, though they were
supportive.
A teacher hosted the bees on her farm in Connecticut for a couple of months while Mr. Elchert
kept up his search for a home for his hives. Finally, in June, a community garden in Harlem
agreed, and Mr. Elchert goes there every other week to tend to the hives. He said that an article
he read last year about beekeeping introduced him to the hobby, which he finds "oddly
relaxing," he said. He said he had also read about declines in the bee population and wanted to
do his part to nurture the insects.
"It is a good cause, and there's some sense of morality, even if we're not on the right side of the
law," he said.
But Mr. Elchert admits that so far he has found his hobby more "nerve racking" than relaxing,
and inspects the garden only on weekdays to avoid weekend crowds.
"What if somebody, some cop, sees me he said. "It'd cost me $2,000. It'd really ruin my day."
Busted beekeepers, as it turns out, are not exactly common. In 2009, 53 inspections were
conducted in response to calls related to the harboring of bees and wasps, health officials said,
and 13 resulted in notices of violation and fines of $200 to $2,000. In 2008, 48 inspections
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Bees in the City? New York May Make Hives Legal NYTimes.com Page 3 of 4
were made and 7 citations were issued.
Beekeepers say that beekeeping is a relatively low- maintenance and inexpensive endeavor
Mr. Elchert said he spent $500 on hives, equipment and about 20,000 bees to start.
Recently, 7o people filled a room in Lower Manhattan for an "Urban Beekeeping 101" workshop
held by the New York City Beekeepers Association.
The class seemed more concerned about the challenges of keeping hives in tight, tall spaces
than with the legality of beekeeping, asking questions like: "How high should the hives
be (About five stories.) And "How much space is needed around the hives so that the bees can
fly out to pollinate (At least 10 feet.)
But some students were worried about their liability should someone be stung, a hazard that
leads most beekeepers to wear protective gear when they tend their hives.
"I'm not even allowed on the roof of my building," said Matt Griffin, 33, a cook from Queens
who said he would probably wait for the law to change and figure out "a few issues" before
setting up his hives.
Katrinka Moore, 56, a poet and book editor in the financial district, said that if the law changed,
she would ask neighboring churches to host her bees.
That would mean an end to life on the run for Mrs. Boyer's two hives. They are now lodged with
a friend Mrs. Boyer would not say where but she plans to retrieve them once they are legal.
Mrs. Boyer said that she and her husband, Chico, took up beekeeping last year so that they
could teach workshops in Haiti, where Mr. Boyer was born.
The earthquake has delayed the couple's plans, but their hives are thriving with 80,000 bees
that have yielded more than 100 pounds of honey.
"We gave it to friends for Christmas," Mrs. Boyer said. "They love it. Everybody is asking for
more.
Ms. Moore said that after working in advocacy against gas drilling in upstate New York, she
looked to beekeeping for some relief.
She said: "You get honey. You're also pollinating gardens. It's such a positive, happy thing to
do."
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