C-1i. BeekeepingCITY OF CHANHASSEN
Chanhassen is Community for Life -Providing for Today and Planning for Tomorrow
MEMORANDUM
TO: Planning Commission
FROM: MacKenzie Walters, Assistant Planner
Jill Sinclair, Environmental Resources Specialist
DATE: May 15, 2018 0
gv-
SUBJ: Staff Report - Beekeeping City Code Amendment
Proposed Motion:
"The Chanhassen Planning Commission Recommends that the City Council adopt the
attached ordinance amending Chapters 5 and 20 of the City Code."
ISSUE
City staff has received numerous requests from residents asking that the city reexamine its policy
of classifying honey bees as farm animals and limiting them to parcels of at least 10 acres in size.
SUMMARY
The city defines honey bees as farm animals and restricts them to parcels in the rural residential
and agricultural estate districts with a minimum lot size of 10 acres. The recent interest in
backyard beekeeping is due to increasing awareness of the ecological importance of pollinators,
as well as interest in locally sourced foods.
Staff conducted a review of how other cities in the area regulate honey bees and found a roughly
even split between cities that allow them on most single family lots and those that treat them as
agricultural animals or ban them outright. Many cities that place heavy restrictions on bees do so
due to the potential for bees to create nuisances; however, staff feels that setbacks, limits on the
number of hives permitted, minimum lot sizes, and trained beekeepers, can significantly mitigate
these concerns.
RELEVANT CITY CODE
Sec. 1 -2 -Rules of construction and definitions: Includes bees under definition of "Farm animals".
PH 952.227.1100 • www 6chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 2 of 9
Sec. 20 -1001 -Keeping: States that farm animals are allowed on farm property zoned A-2 or RR
with a minimum area of 10 acres.
ANALYSIS
Issue l: Benefits of Beekeeping
Pollinators are an important part of the ecosystem, with numerous plants relying on insects to
transfer pollen between plants to facilitate reproduction. While many different types of insects
and bees serve as pollinators, honey bees are the most well-known pollinators and more than one
third of agricultural crops rely on honey bees for pollination services. In suburban and urban
areas, honey bees pollinate fruit trees and vegetable gardens which provide home gardeners with
apples, blackberries, cauliflower, and other locally grown produce.
The abnormally high die -offs of honey bee colonies in North America since 2007, dubbed
colony collapse disorder, has raised awareness about the importance of the insect and has
contributed to increasing interest in backyard beekeeping. News reports and environmental
organizations have actively promoted backyard beekeeping as a way to help bolster the honey
bee population and as a fun hobby.
In addition to their ecological functions, honey bees also produce several products useful to
humans. The most well-known of these products is honey, though beeswax, propolis, and royal
jelly also have commercial value, and many beekeepers express a desire to feel connected to the
source of their food and a preference for consuming locally sourced foods as reasons for getting
involved in beekeeping. The amount of honey produced by a hive can vary wildly from year to
year depending on environmental factors, but many sources indicate that an average harvest of
20-30 pounds of honey per hive per year is typical. Most beekeepers maintain multiple hives and
end up producing more honey than they can consume. Some beekeepers give away the extra
honey while others sell it as a home occupation. The relatively small amount of money, typically
a couple hundred dollars per hive, that can be made from backyard beekeeping means that most
individuals do it as a hobby, rather than as a significant source of income.
In addition to its nutritional value, honey is prized for its antibacterial, antifungal, antiviral, and
anti-inflammatory properties. Individuals who favor natural remedies use it to treat a variety of
conditions. Other products such as bee pollen and propolis are also used medicinally, with the
latter being used to alleviate the side effects of chemotherapy.
Beekeeping can also serve an education function with community centers and schools choosing
to keep beehives as way to educate children and community members about the natural world.
Honey bees' role as pollinators and food producers mean that they provide a good starting point
for learning about many aspects of nature and this, coupled with their complicated social
structure and interesting life cycle, provides numerous education opportunities.
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 3 of 9
Issue 2: Concerns with Beekeeping
A significant number of municipalities restrict beekeeping due to concerns that bees can become
a nuisance or even pose a health risk to surrounding property owners. The potential for bees to
pose a health risk comes from the fact that honey bees have the ability to sting people and some
people can have a significant, even life threatening, allergic reaction to bee stings. Honey bees
are not typically aggressive, but they will sting if they feel their hive is threatened or if they feel
threatened. Many species of honey bee will become defensive if people or animals approach
within 10 to 20 feet of their hive.
Honey bees are fairly peaceful, but other stinging insects can be significantly more aggressive.
This can become an issue if the beekeeper leaves wax combs or other material with trace
amounts of honey out in the open. These items can attract other more aggressive types of bees,
wasps, and hornets to the area, increasing the risk that the beekeeper or their neighbors will be
stung.
The tendency of honey bees to take the most direct route to nectar can also cause problems when
hives are located near a neighbor's property since the bees will fly in a straight line from the hive
to the food source, say a neighbor's flower garden. Since a healthy hive during midsummer may
have a population as high as 40,000 to 80,000 individuals this can lead to a large number of bees
flying at low altitudes between the hive and nearby destinations. This concern can typically be
mitigated by requiring beehives to be setback from property lines since bees traveling longer
distances will typically fly above tree canopy height, or by installing 6 -foot -high flyaway barriers
near the hives to force the bees to gain height upon leaving their home.
Since bees tend to utilize the same route to food sources and defecate in flight there can also be
nuisance issues created if they repeatedly fly over neighboring properties. The cumulative effect
of large numbers of bees flying over patio furniture or parked cars can lead to stains and property
damage. This can be especially problematic in situations where there is a large concentration of
hives utilizing the same flight path.
Bees also need a reliable source of water for honey production. This can create nuisance issues if
the beekeeper does not provide their hives with adequate water. Without a reliable source of
nearby water, the bees may end up frequenting a neighbor's birdbath or swimming pool area,
especially since they are attracted to smell of chlorine.
There is also the potential for swarming. This occurs when bees go looking for new home.
Swarms do not typically pose a danger to people as the bees are full of honey and have no hive to
protect, hence the bees are at their most docile; however, the appearance of several thousand
bees is understandably alarming. Swarming can typically be avoided by ensuring that the bees
have suitably large hives or that an empty hive is present on your property for the bees to move
into. Beekeepers can also install barriers on the hive's entrances that allow workers to enter and
exit but block the queen from leaving. Some varieties of bees are also less prone to swarming,
and bee swarms can also be safely collected and relocated by a professional beekeeper.
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 4 of 9
Issue 3: Survey of Minnesota Cities
The University of Minnesota's Bee Lab has a list the beekeeping ordinances for 89 Minnesota
cities. Staff went through this list and did supplementary research to determine how cities
permit/license beekeeping and what restrictions are typically placed on it. Staff divided the
cities' regulatory approaches into three categories, minimal, moderate, and heavy restriction.
Cities that either placed no limit on beekeeping, required a simple permit/registration, or which
placed setback and lot areas limits that most lots zoned single family residential could meet were
classified as minimal restriction. Cities that either outright banned beekeeping or restricted it to
lots over four acres in size were categorized as heavy restriction. Cities whose limits fell
somewhere in between are listed as moderate restriction. Staff found that most Cities either had
very few restrictions on beekeeping, 39 percent, or restrict it to agricultural/rural portions of the
city, 46 percent.
Permissiveness of Ordinances
m—..
Minimum Lot size --- -'—
Minimal restriction I Moderate restriction
Heavy restriction
35 13
41
39.33% 14.61%
46.07%
A breakdown of the University of Minnesota's list and staff's supplementary research can be
found bellow. Chanhassen's current approach of classifying bees as farm animals and restricting
them to parcels 10 acres or more in size falls roughly in the middle of the heavy restriction
category.
Minimum
m—..
Minimum Lot size --- -'—
Setback
None
Permit
needed
.5
acres
1
acres
2
acres
2.5
acres
4
acres
5
acres
10
acres
20
acres
40
acres
50
acres
Not
allowed
Total
None
20
8
2
-
-
1
8
2
1
3
1
53
Variable
1
2
20'
2
2
25'
3
2
5
30'
1
1
100'
1
1
1
2
150'
1
1
250'
1
1
300'
1
1
Not
allowed
21
21
Total
22
16
2
2
5
2
1
9
4
1
3
1
21
89
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 5 of 9
Issue 4. Typical Conditions/Limitations
Many cities only allow beekeeping on lots meeting a minimum size threshold. Often, the
minimum size for beekeeping corresponds to the minimum size of the city's rural or agricultural
district and is coupled with beekeeping being defined as an agricultural/rural use. Of the 68 cities
that allow beekeeping, 28 restricted bees to parcels between 1 and 50 acres in size; however, 38
cities do not specify a minimum lot size for beekeeping and two with lot area restrictions allow
beekeeping on lots as small as .5 acres. Three of the cities that do not specify a minimum lot size
require setbacks of 100 feet or more, effectively limiting beekeeping to larger lots.
Almost every city that allows beekeeping has found it necessary to either require 25 -foot
setbacks for beehives or the installation of 6 -foot high flyaway barriers to mitigate the impact of
the honey bees on neighboring properties. The rationale behind the distance and the flyaway
barriers is that both cause the bees to gain altitude as they travel in search of food which reduces
the number of bees flying at human height and the chances of bee/person conflict.
In order to further reduce the impact of bees on surrounding properties, many cities require hives
to be placed in rear yards and to be oriented so that their entrance/exit does not face a neighbor's
residence. The later provision is only common in cities where hives are not subject to special
setbacks, as good beekeeping practice encourages hives' entrances to be oriented towards the
rising sun and a 25 -foot setback is generally sufficient to buffer the neighbors from the impact of
bees entering and exiting the hive.
Virtually every city also regulates hive density. The Minnesota Hobby Beekeepers Association
has created a model ordinance that recommends the following density limit for colonies:
Lot Size
# of
<.5
acre
.5-3/4
acre
3/4-1
acre
1acre -5
acres
>5
acres
colonies
2
4
6
8
no limit
Most cities have modified the density limits and ranges to coincide with minimum lot sizes
within their zoning districts, but a general trend is for the smaller lots to be limited to 2-4 hives
and larger lots to be allowed between 6-8 hives, with agricultural properties exempted from any
limits. The reasoning behind limiting the number of hives involves minimizing the impact on
neighboring properties, ensuring that beekeeping in residential districts remains an accessory
use, and reducing the likelihood that there are more bees in an area than the ecosystem can
support.
Cities also require that beekeepers have a ready source of water available for bees in order to
reduce the likelihood of bees traveling to neighbors' birdbaths and pools in search of a drink. A
typical requirement is that beekeepers place a ready source of water within 10 feet of the hives
during all periods when the bees are active.
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 6 of 9
Beekeeping ordinances typically have provisions requiring the proper maintenance and storage
of beekeeping hives, equipment, and byproducts. These provisions exist to reduce the likelihood
of hives attracting wild bees and the likelihood that the colony will engage in swarming. Cities
that are especially concerned about swarming will also place restrictions in their ordinances
requiring beekeepers to keep European honey bee strains bred for gentleness and reduced
swanning behavior.
Since beekeeping can produce a commercial product, many cities also enact provisions
regulating the sale of honey, wax, and honey bees within residential districts. These provisions
tend to treat beekeeping as a home occupation and subject it to the same guidelines as other
home occupations.
Many cities, especially those that require beekeeping licenses/registration, require that
beekeepers have a minimum amount of training. Often they require 16 hours of documented
training or a certificate stating the beekeeper has completed the University of Minnesota's
beekeeping course or an equivalent program. Some cities require annual inspections as part of
the licensure process, and a few cities require that surrounding properties be notified and, in
several cases, the consent of the neighbors.
ALTERNATIVES
1) Do nothing. Many cities consider honey bees to be farm animals and limit them to
agricultural areas.
2) Allow honey bees in areas zoned RR and A2 and for educational purposes.
3) Allow honey bees in areas zoned RR and A2 and for educational purposes, and adopt
general performance standards to mitigate impact.
4) Allow honey bees in areas zoned RR and A2 and for educational purposes, and require a
city issued license.
5) Allow honey bees on parcels one-half acre or larger and adopt general performance
standards to mitigate impact.
6) Allow honey bees on parcels one-half acre or larger, and require a city issued license.
RECOMMENDATION
Staff recommends alternative five. Staff believes that parcels one-half acre or larger can
accommodate honey bees without creating a nuisance for surrounding properties, and adopting
general performance standards will provide a mechanism staff can use to address any hives that
do become nuisances.
Sec. 5-107 —119. - Reserved
ARTICLE IV. — HONEY BEES
Sec. 5-120. — Definitions.
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 7 of 9
In this article, the following terms have the stated meanings:
"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 species.
"Lot" means a contiguous parcel of land under common ownership.
"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 use or
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.
Sec. 5-121: Purpose of Ordinance.
The purpose of this ordinance is to establish certain requirements for beekeeping within
the city, to avoid issues which might otherwise be associated with beekeeping in populated
areas.
1) Compliance with this ordinance 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 proven nuisance.
2) Compliance with this ordinance 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 of Minnesota.
Sec. 5-122: Standards of Practice
Unless otherwise stated, the following standards of practice apply to all properties in the
city.
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 8 of 9
1) Beekeepers must select queens from European stock bred for gentleness and non -
swarming characteristics.
2) Beekeepers must have successfully completed 16 hours of training in beekeeping.
3) Honey bee colonies shall be kept in hives with removable frames, which must be
kept in sound and usable conditions.
4) 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.
5) Each beekeeper must ensure that no wax comb or other material that might
encourage robbing by other bees that 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.
6) 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.
7) Honey bee colonies may only be kept on lots one-half acre or larger.
8) Honey bee colonies may not be kept on a lot with a multi -tenant building.
9) Beekeepers in districts zoned for residential use are allowed to sell honey as a home
occupation in accordance with chapter 20, article XXIII, division 3, Sec. 20-976 —
Sec. 20-1000, with the understanding that the apiary and beekeeping equipment
shall not be considered to violate Sec. 20-979.
Sec. 5-123: Colony Density and Setbacks
1) 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:
a. Lots one-half acre or larger but smaller than one acre: two colonies
b. Lots one acre or larger but smaller two and one-half acres: four colonies
c. Lots two and one-half acres or larger but smaller than ten acres: eight
colonies
d. Lots larger than ten acres: no limit
2) Colonies must be located in the rear yard and must be setback from the property
lines a minimum of 25 feet.
a. On lots with multiple street frontages, colonies may not be located in any
yard with street frontage.
b. On lots directly adjacent to undeveloped property colonies may be setback a
minimum of 10 feet from lot lines dividing the property from the
undeveloped property. The colonies must still be setback a minimum of 25
feet from any lot line dividing the property from any parcel that is not
undeveloped property. If the undeveloped property is later improved so as to
no longer meet the definition of undeveloped property, the colonies' location
shall not be considered vested and it must be removed or relocated to comply
with the 25 -foot minimum setback.
Planning Commission
Beekeeping — City Code Amendment
May 15, 2018
Page 9 of 9
Sec. 5-124 - 135: Reserved
Sec. 20-1001. - Keeping.
The following animals may be kept in the city:
(1) Household pets are an allowed use in all zoning districts.
(2) Horses in the A-2, RR and RSF zoning districts in accordance with chapter 5, article III.
(3) Honey bees on parcels one-half acre or larger in accordance with chapter 5, article
IV.
(4) Farm animals are an allowed use on all farm property zoned A-2 or RR, which permit
agricultural use, with a minimum parcel area of ten acres, except as otherwise specifically
provided in the City Code. Fane animals may not be confined in a pen, feed lot or building
within 100 feet of any residential dwelling not owned or leased by the farmer.
(5) Wild animals may not be kept in the city.
(6) Animals may only be kept for commercial purposes if authorized in the zoning district
were the animals are located.
(7) Animals may not be kept if they cause a nuisance or endanger the health or safety of the
community.
(Ord. No. 80, Art. VI, § 9(6-9-1), 12-15-86; Ord. No. 480, § 2, 6-22-09; Ord. No. 612, § 6, 12-
14-15)
ATTACHMENTS
1) Beekeeping Ordinance
G:\PLAN\City Code\2018\PC PH 5-15-18\Bees\Bee Keeping_PC.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. [insert number]
AN ORDINANCE AMENDING CHAPTER 5, ANIMALS AND FOWL AND CHAPTER
20, ZONING OF THE CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. The Chanhassen City Code is amended by adding Section 5-107 to Section 5-135 to
read as follows:
Sec. 5-107 —119. - Reserved
ARTICLE IV. — HONEY BEES
Sec. 5-120. — Definitions.
In this article, the following terms have the stated meanings:
"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 species.
"Lot" means a contiguous parcel of land under common ownership.
"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 use or 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.
Sec. 5-121.- Purpose of Ordinance.
The purpose of this ordinance is to establish certain requirements for beekeeping within the City,
to avoid issues which might otherwise be associated with beekeeping in populated areas.
1) Compliance with this ordinance 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 proven nuisance.
2) Compliance with this ordinance 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 of Minnesota.
Sec. 5-122.- Standards of Practice
Unless otherwise stated, the following standards of practice apply to all properties in the City.
1) Beekeepers must select queens from European stock bred for gentleness and non -
swarming characteristics.
2) Beekeepers must have successfully completed 16 hours of training in beekeeping.
3) Honey bee colonies shall be kept in hives with removable frames, which must be kept in
sound and usable conditions.
4) 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.
5) Each beekeeper must ensure that no wax comb or other material that might encourage
robbing by other bees that 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.
6) 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.
7) Honey bee colonies may only be kept on lots one-half acre or larger.
8) Honey bee colonies may not be kept on a lot with a multi -tenant building.
9) Beekeepers in districts zoned for residential use are allowed to sell honey as a home
occupation in accordance with chapter 20, article XXIII, division 3, Sec. 20-976 — Sec.
20-1000, with the understanding that the apiary and beekeeping equipment shall not be
considered to violate Sec. 20-979.
Sec. 5-123.- Colony Density and Setbacks
1) 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:
a. Lots one-half acre or larger but smaller than one acre: two colonies
b. Lots one acre or larger but smaller two and one-half acres: four colonies
c. Lots two and one-half acres or larger but smaller than ten acres: eight colonies
d. Lots larger than ten acres: no limit
2) Colonies must be located in the rear yard and must be setback from the property lines a
minimum of 25 feet.
2
a. On lots with multiple street frontages, colonies may not be located in any yard
with street frontage.
b. On lots directly adjacent to undeveloped property colonies maybe setback a
minimum of 10 feet from lot lines dividing the property from the undeveloped
property. The colonies must still be setback a minimum of 25 feet from any lot
line dividing the property from any parcel that is not undeveloped property. If the
undeveloped property is later improved so as to no longer meet the definition of
undeveloped property, the colonies' location shall not be considered vested and it
must be removed or relocated to comply with the 25 -foot minimum setback.
Sec. 5-124 - 135.- Reserved
Section 2. Section 20-1001 of the Chanhassen City Code is amended to read as follows:
Sec. 20-1001. - Keeping.
The following animals may be kept in the city:
(1) Household pets are an allowed use in all zoning districts.
(2) Horses in the A-2, RR and RSF zoning districts in accordance with chapter 5, article III.
(3) Honey bees on parcels one-half acre or larger in accordance with chapter 5, article IV.
(4) Farm animals are an allowed use on all farm property zoned A-2 or RR, which permit
agricultural use, with a minimum parcel area of ten acres, except as otherwise specifically
provided in the City Code. Farm animals may not be confined in a pen, feed lot or building
within 100 feet of any residential dwelling not owned or leased by the farmer.
(5) Wild animals may not be kept in the city.
(6) Animals may only be kept for commercial purposes if authorized in the zoning district
were the animals are located.
(7) Animals may not be kept if they cause a nuisance or endanger the health or safety of the
community.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this [xx] day of [Month], 2018 by the City Council of the
City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
(Summary Ordinance [insert number] published in the Chanhassen Villager on [insert date])