CITY OF JORDAN
COUNTY OF SCOTT
STATE OF MINNESOTA
NOTICE OF PROPOSED ORDINANCE AMENDMENT REQUEST FROM THE CITY OF JORDAN, BUSINESS REGULATIONS ORDINANCE SECTION 92.30 AND 92.31 TO ALLOW BEEKEEPING IN THE R-1 AND R-2 ZONING DISTRICT AND TO ADJUST THE NUMBER OF CHICKENS TO 6 BACKYARD CHICKENS .
NOTICE IS HEREBY GIVEN that The City Council of the City of Jordan, Scott County, Minnesota, will vote on the proposed ordinance amendment request from the City of Jordan’s Animals Ordinance. The vote will occur at the November 6, 2017 at 6:30 p.m. or shortly thereafter, at the Jordan City Council Chambers, located at 116 East First Street in the City of Jordan, Minnesota.
Amendment Request: To allow beekeeping the R-1 and R-2 Zoning Districts and to increase the number of permitted backyard chickens from 4 to 6.
Copies of the full proposed amendment request is below and is also available for review during regular office hours at the City of Jordan City offices, 210 East First Street, Jordan, MN 55352: phone 952-492-2535.
CITY OF JORDAN
ORDINANCE 2017-03
AN ORDINANCE AMENDING JORDAN CITY CODE
CHAPTER 92, ANIMALS , SECTIONS 92.30 AND 92.31
Subdivision 1. PURPOSE. The City Council for the City of Jordan, Minnesota finds that it needs to update certain regulations governing animals to establish certain requirements for beekeeping within the City, and to avoid conflicts which might otherwise be associated with beekeeping in populated areas so as to promote public health, safety, and welfare. The City also wishes to amend Section 92.31 (F.)(2) to adjust the number of chickens to “6 backyard chickens” to be consistent with how most retailers sell these types of chickens to the public.[1]
Subdivision 2. AMENDMENT. NOW BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JORDAN THAT Section 92.30 of the Jordan City Code is hereby amended as follows: by revising the definition of “Animal, Farm” in, revising Section 92.31(F.)(2), and adding additional language to Sections 92.30 and 92.31:
Section 92.30 DEFINITIONS.
Repeal the definition of “Animal, Farm” in its entirety and replace it with the following:
ANIMAL, FARM. Shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, ponies, and mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, and other animals associated with a farm, ranch, or stable. Backyard Chickens and Honey Bees as defined in this Chapter are exempt from this definition.
Insert the following definitions:
APIARY. Any place or location where one or more Colonies or Nuclei of Honey Bees are kept.
BEEKEEPER. A person who owns or has charge of one or more Colonies of Honey Bees.
BEEKEEPING EQUIPMENT. Anything used in the operation of an Apiary, such as Hive bodies, supers, frames, top and bottom boards and extractors.
COLONY. An aggregate of Honey Bees consisting principally of workers but having, when perfect one queen and at times drones, brood, combs, and honey.
HIVE. A structure manufactured to house a Colony, including a hive stand, a bottom board, the hive body, frames/combs, queen excluder (optional), inner cover, and outer cover. One Hive houses one swarm consisting of one queen and worker Honey Bees.
HONEY BEE. Any stage of the common Honey Bee, apis mellifera species of European origin.
LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of.
NUCLEUS COLONY. A small quantity of Honey Bees with a queen housed in a smaller than usual Hive box designed for a particular purpose.
Subdivision 3. AMENDMENT. NOW BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JORDAN THAT Section 92.31 “Keeping” of the Jordan City Code is hereby amended as follows:
- Keeping of Backyard Chickens.
Revise “up to four (4) backyard chickens” to read “up to six (6) backyard chickens”in F.(2).
Insert the following language:
- Keeping of Honey Bees.
(1) Purpose. Honey Bees provide substantial benefits to people and the environment, including but not limited to, pollination of crops and production of honey and wax. It shall be unlawful for any person to place, establish, or maintain any Hive, stand, box, Apiary, or keep any Honey Bees in or upon premises within the corporate limits of the city unless the Honey Bees are kept in accordance with the provisions of this Subdivision.
(2) Keeping of Honey Bees.
(a) Permit Required.
(i) Prior to installing, altering or establishing a Colony of Honey Bees within a Hive, the Beekeeper must obtain a permit from the City . Application for said permit shall be made to the City upon forms furnished by the City.
- ii) The Permit Application shall include the following data:
(a) Name and address of applicant and property owner;
(b) Street address and legal description of the lot upon which the Honey Bees would be kept;
(c) A registered land survey as required by the City’s fence design standards and site plan illustrating the dimensions of the property, location and distances of neighboring residences, and the location of the Hive in relation to any property lines, sidewalk, alleys, and right-of-ways; and
(d) Location of any schools or licensed child day care center located within 200 feet of property
(iii) All applications shall be accompanied by an application fee, as required by the City.
(b) The completed application must be filed with the City Administrator and/or designee together with the permit fee 30 days prior to the scheduled City Council meeting date. The City Administrator and/or designee shall review the application and refer the application to the City Council. .The City shall send written notice of the Council meeting to residents within 350 feet from the applicant’s property. The City Council shall hold a public comment period and make the final decision on the application at a regularly scheduled meeting.
(c) All initial permits will expire on the December 31st of the following year after their issuance unless sooner revoked. Renewal permits shall automatically expire on December 31st of the second year following issuance unless sooner revoked.
(d) The City, upon written notice, may revoke a permit for failure to comply with provisions of this Section or any condition(s) set forth in the permit.
(3) Beekeeping Standards.
(a) Honey Bee Colonies meeting the requirements of this Subdivision may be kept only upon a Lot containing a single dwelling unit, and within the R-1 Single Family Residence District and the R-2 Multiple Family Residence District.
(b) Only Honey Bee species which are viable in northern climates according to the Department of Entomology at the University of Minnesota shall be allowed.
(c) Beekeepers shall own and reside at the property upon which said Honey Bees are kept.
(d) Colony Density. The number of Colonies on any Lot or parcel is limited to one (1) Colony per 10,000 square feet of lot area. At no time shall a person be permitted to keep or maintain more than three (3) Colonies on any Lot or parcel.
(f) Placement of Hives.
(i) No Colony or Hive shall be kept or maintained within any front yard. In the case of a corner lot, no Colony or Hive shall be kept or maintained within the yard abutting an existing or dedicated public street.
(ii) No person shall establish or maintain any Hive or Colony within 50 feet of any occupied dwelling, except the dwelling of the owner of the subject property.
(iii) Hives shall be at least twenty-five (25) feet from any property line, sidewalk, alley or other public way as measured from the nearest point on the Hive to the property line, sidewalk, alley or other public right of way.
(iv) No Hive shall be kept or maintained within 200 feet of a school or licensed child day care center.
(g) Hive Standards.
(i) Honey Bee Colonies shall be kept in Hives with removable frames, which shall be kept in sound and usable condition
(ii) Hives shall be placed on a hive stand manufactured for that purpose and shall not be placed on cinder blocks, pallets, logs, bricks, blocks, railroad ties, or similar materials.
(iii) Hives shall not contain hive bodies with more than a standard ten (10) frame design and shall not exceed nine and five-eighths (9 5/8) inches in height.
(h) The Beekeeper shall ensure that a convenient, continuous, open source of water is available within twenty-five (25) feet of the Hive, stand boxes, or apiaries and within the required fence by the following standard.
(i) Fence Requirement. Each Beekeeper shall enclose their property and/or the apiary with a fence. All Hives located on a Lot or Parcels/apiary shall be surrounded by a solid perimeter fence measuring six (6) feet in height. The hives shall be arranged so as to ensure the hive entrance is no less than five (5) feet from the fence. The perimeter fence shall include a gate which shall be locked with a key or combination lock at all times. All fences must comply with fence standards, Section 154.086. B and 154.096. B of the City Code.
(j) A conspicuous, weather-resistant sign identifying the site as housing Honey Bees and warning of danger shall be posted at each fence entrance and/or exit point.
(k) The Beekeeper shall ensure that no wax comb or other material that might encourage robbing by other Honey Bees are left upon the grounds of the subject Lot or parcel. 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.
(l) The Beekeeper shall maintain Beekeeping Equipment in good condition and shall secure unused equipment occupancy by swarms.
(m) Violation/Penalty. Violation of this Subdivision shall be subject to violation and penalty as prescribed in Section 19 of the Zoning Ordinance (Violations and Penalty).
(4) Removal.
(a) Honey Bees shall not be kept in such a manner as to constitute a Nuisance as provided for under Chapter 90 of the Jordan City Code, or in violation of any other subdivision of the Jordan City Code.
(b) Persons no longer intending to keep Honey Bees on the subject property shall notify the City in writing and remove the operation.
(c) The operation shall be removed from the property upon permit expiration and/or permit revocation. Failure to remove the operation shall be considered a nuisance under Chapter 90 of the Jordan City Code.
Subdivision 4: EFFECTIVE DATE. This ordinance is effective immediately following its publication in the official newspaper of the City.
ORDAINED by the City Council of the City of Jordan, Scott County, Minnesota this ____ day of ______, 2017.
____________________
Tanya Velishek, Mayor
ATTEST:
_______
Tom Nikunen, City Administrator
[1] For purposes of the Council’s Second Reading, changes from the First Reading are marked.
