2016-02 BILL NO. 2016-2
AN ORDINANCE AMENDING CHAPTER IX OF THE RICHFIELD CODE OF
ORDINANCES BY ADDING A NEW SECTION RELATING TO BEEKEEPING
AND AMENDING ZONING PROVISIONS RELATING TO THE SAME
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 509.21 of the Richfield Zoning Code relating to home occupations
and prohibited activites, is amended as follows:
Subd. 11. Specific activities prohibited. The following activities shall not be
allowed as home occupations:
a) The repair, whether for consideration or not, of motor vehicles which are
not registered to a resident of the dwelling on the property where the
repair is made, or to a son or daughter, sibling,parent, grandparent, or
grandchild of a resident of the property;
b) Adult business establishments regulated under Section 1196 of the city
code;
c) The practice of medical, dental, chiropractic,psychiatric, or other similar
treatment or therapy, including acupuncture, where the person(s)
providing such treatment or therapy is not licensed by the State of
Minnesota to administer such treatment or therapy; or in the case of
massage therapy, where the person(s) providing such treatment is not
certified by the "National Certification Board for Therapy Massage and
Bodywork" or by the "Massage and Bodywork Licensing Examination;"
d) Businesses, educational programs, or similar gatherings which meet on a
regular basis, having more than six (6) nonresident adults in attendance at
one (1) time;
e) Pet grooming or pet care facilities, except those legally existing on or
before June 1, 1995;
f) Gun or ammunition sales/repair, except those legally existing on or before
June 1, 1995;
g) Music instruction, unless conducted within a single-family (detached
dwelling; and
h) Tattoo businesses.; and
Sale of honey produced by hives located within the city regulated under
section 906 of the city code.
Section 2. Subsection 512.03 of the Richfield Zoning Code relating to permitted uses, is
amended as follows:
512.03 Permitted uses in all districts.
a) Public streets and highways;
1
b) Underground public utilities;
c) Parks and related recreational facilities owned by a governmental unit;
d) Solar equipment as an accessory use; and
e) Horticulture/community gardens as an accessory to an established
institutional use (school, church,park),provided that plants and related
materials are maintained in a clean and orderly manner and that waste is
disposed of appropriately..-; and
f) beekeeping subject to the inspection and licensing requirements and
limitations outlined in Section 906.
Section 3. Subsection 514.15 of the Richfield City Code relating to Additional
Regulations in the Single-Family Residential District (R) is amended by adding a new
subdivision 7 as follows:
Subd. 7. Beekee•in•. An •ro•ert seekin• to kee• bees must com•1 with the
additional requirements of Section 906 of this Code.
Section 4. Subsection 905.41 of the Richfield City Code relating to the maintenance of
nondomestic animals, amphibians, reptiles and insects, is amended as follows:
Subd. 2. Maintenance of non-domestic creatures prohibited. Except as allowed
in Section 906, Aall other living creatures not enumerated or covered in subdivision 1 are
considered non-domestic creatures and the maintenance thereof is considered a nuisance
and punishable pursuant to this part.
Section 5. A new Section 906 is inserted into the Richfield City Code as follows:
SECTION 906—BEEKEEPING
906.01.—Definitions.
Subdivision 1. "Accredited institution" means an educational institution holding
accredited status which has been licensed or registered by the Minnesota Office of Higher
Education at the time the registrant obtained their certificate.
Subd. 2. "Apiary" means the AP assembly of one or more colonies of bees on a
single lot.
Subd. 3. "Apiary site"means the lot upon which an apiary is located.
Subd. 4. "Beekeeper" means a person who owns or has charge of one or more
colonies of honeybees or a person who owns or controls a lot on which a colony is
located whether or not the person is intentionally keeping honeybees.
2
Subd. 5. "Beekeeping equipment" means anything used in the operation of an
apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
Subd. 6. "Colony" means an aggregate of honey bees consisting principally of
workers, but having, when perfect, one queen and at times drones, brood, combs and
honey.
Subd. 7. "Flyway barrier" means a barrier that raises the flight path of bees
above six feet from the ground as they come and go from a hive.
Subd. 8. "Hive"means the receptacle inhabited by a colony.
Subd. 9. "Honey bee" means all life stages of the common domestic honey bee,
apis mellifera. This definition does not include wasps, hornets, African subspecies or
Africanized hybrids.
Subd. 10. "Nucleus colony" means a small quantity of honey bees with a queen
housed in a smaller than usual hive box designed for a particular purpose, and containing
no supers.
Subd. 11. "Registrant" means any registered beekeeper and any person who has
applied for approval of a beekeeping registration.
Subd. 12. "Rooftop" means the uppermost section of a primary or accessory
structure of at least one full story and at least twelve feet in height. Areas including but
not limited to decks,patios and balconies shall not be considered a rooftop.
Subd. 13. "Super" means a box that holds the frames where bees will store the
honey.
Subd. 14. "Swarming" means the process where a queen bee leaves a colony
with a large group of worker bees in order to form a new honey bee colony.
Subd. 15. "Unusual aggressive behavior" means any instance in which unusual
aggressive characteristics such as stinging or attacking without provocation occurs.
Provocation is an act that an adult could reasonably expect may cause a bee to sting or
attack.
906.03.—Purpose.
The purpose and intent of this Section is to permit and establish requirements for the
keeping of honey bee colonies, hives, and equipment within the City and to ensure
compliance with the requirements of this section. The City of Richfield recognizes that
honey bees are an asset to our community, important in the pollination of plants and in
the production of honey and other products.
3
906.05. —Beekeeping Limited.
No person shall keep, harbor, maintain or allow to be kept any hive or other facility for
the housing of honeybees on or in any property within the City of Richfield without an
approved registration unless otherwise exempted by subsection 906.09 or 906.13.
906.07.—Colony Location.
Subdivision 1. Hives cannot be located in the front yard and must be located a
minimum of ten (10) feet from the rear or side property lines and 20 feet from public
rights-of-way unless further restricted elsewhere in this Code. A corner lot shall be
considered to have two front yards.
Subd. 2. Hives must be located a minimum of ten feet from any dwelling unit.
Subd. 3. Except as otherwise provided in this Section, in each instance where
any part of a hive is kept within twenty-five feet of a lot line of the apiary site, a flyway
barrier of at least six feet in height must be constructed and must comply with the
following:
(a) The flyway barrier may consist of a wall, fence, dense vegetation or a
combination there of, such that honey bees will fly over rather than
through the material to reach the colony.
(b) If a flyway barrier of dense vegetation is used, the initial planting may be
four feet in height, so long as the vegetation reaches a height of at least six
feet within two years of installation. Vegetation must be maintained so
that it thrives and continues to meet these standards. If the vegetation dies
or is not maintained so that it will comply, the vegetation must be
replaced.
(c) If the flyway barrier consists of a wall or fence, the materials must be
decay resistant, and maintained in good condition.
(d) The flyway barrier must continue parallel to the lot line of the apiary site
for ten feet in both directions from the hive, or contain the hive or hives in
an enclosure at least six feet in height.
(e) A flyway barrier is not required if the hive is located on a rooftop.
(f) Flyway barriers are subject to all other applicable City regulations,
including, but not limited to, fence height limitations.
Subd. 4. Hives located on any rooftop are subject to annual inspection and
permitting by the City. No colony shall be placed upon a rooftop until the
Building Inspector or their designee has determined that the location poses
4
no health or safety risks and that it is structurally sound to hold a hive and
associated equipment and activities. If the Building Inspector at any time
determines that the hive and/or building conditions pose a risk to public
health or safety, the deficiency must be repaired or removed by the
Registrant within ten (10) days' written notice. If the deficiency is not
repaired or removed, the hive must be removed, at the Registrant's sole
expense, within fifteen (15) days of notice from the building inspector of
the unsafe condition.
906.09.—Colony Density.
Subdivision 1. Every lot or parcel of land in the City shall be limited to the
following number of colonies based on the size of the apiary site:
(a) One half acre or smaller is allowed one colony;
(b) More than one half acre to three quarters of an acre is allowed two
colonies;
(c) More than three quarter of an acre to one acre is allowed three colonies;
(d) More than one acre to five acres is allowed four colonies;
(e) More than five acres, there is no restriction on the number of colonies.
Subd. 2. If any beekeeper serves the community by removing a swarm or swarms
of honeybees from locations where they are not desired, that person shall not be
considered in violation of the colony density restrictions in this section if the following
conditions are met:
(a) The person temporarily houses the honeybees at an apiary site of a
beekeeper registered with the City,
(b) The bees are not kept for more than thirty days, and
(c) The site remains in compliance with the other provisions of this section.
906.011. —Required Conditions.
Subdivision 1. Honey bee colonies shall be kept in hives with removable frames,
which shall be kept in sound and useable condition.
Subd. 2. Each colony on the apiary site shall be provided with a convenient
source of water which must be located within ten feet of each active colony.
5
Subd. 3. Materials from a hive such as wax combs or other materials that might
encourage robbing by other bees shall be promptly disposed of in a sealed container or
placed within a building or other bee and vermin proof enclosure.
Subd. 4. For each colony permitted to be maintained, there may also be
maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed
one standard nine and five-eights (9-5/8) inch depth box, ten frame hive body with no
supers.
Subd. 5. Beekeeping equipment must be maintained in good condition, including
keeping the hives free of chipped and peeling paint if painted, and any unused equipment
must be stored in an enclosed structure.
Subd. 6. Hives shall be continuously managed to provide adequate living space
for their resident honeybees in order to prevent swarming.
Subd. 7. In any instance in which a colony exhibits unusual aggressive behavior,
it shall be the duty of the beekeeper to promptly re-queen the colony.
906.13.—Registration Required.
Subdivision 1. The application for registration must be upon a form provided by
the City. All required information must be complete.
Subd. 2. Each apiary site must apply for registration and receive approval prior
to bringing any honeybees into the City.
Subd. 3. If the beekeeper relocates a hive or colony to a new apiary site, the
beekeeper shall apply for an updated registration, prior to the relocation, on the form
provided by the City.
Subd. 4. The beekeeping registration shall be valid until March 31 of each
calendar year following initial issuance and must be renewed by the registrant prior to
expiration each year by submitting a renewal form to the City on the form it provides.
Subd. 5. Upon receipt of an application for an initial or renewal registration, the
City will send notice to all property owners within 100 feet of the property line of the
parcel upon which the apiary site(s) is located. Any property owner who objects to the
registration must submit objections in writing to the City Manager within ten (10) days of
the date of the notice. If the City Manager receives any written objections relating to an
application, the City Manager will act on the application. If a written objection relating
to an initial registration application includes evidence that a property owner, or a person
residing at the property, within the 100-foot notice area, has a verifiable, documented
medical allergy to bees, the City Manager shall deny the application. Such basis for
denial shall not apply to objections submitted related to a renewal application.
6
Subd. 6. Beekeeping training and education is required for the beekeeper prior to
the issuance of the initial beekeeping permit by the City. At the time of application for
registration, the beekeeper must submit a certificate of completion of a honeybee keeping
course from an accredited Minnesota institution.
Subd. 7. The fees for the registration will be determined by the City Council in
the City's fee schedule (Appendix D).
Subd. 8. The property must be in compliance with all other applicable City
regulations in order to receive approval and renewal.
Subd. 9. If the required conditions outlined in section 906.11 are not maintained
subsequent to issuance of a beekeeping permit, the permit may be revoked by the City
Manager.
Subd. 10. Beekeepers operating in the City prior to the effective date of this
Section will have until March 1, 2016 to apply for registration.
Subd. 11. The registration requirement under this subsection does not apply to
The Woodlake Nature Center.
906.15.—Inspection.
Subdivision 1. Upon initial registration, annual renewal or any updated
registration, each beekeeper must allow for an inspection of the site.
Subd. 2. Upon prior notice to the owner of the apiary site, City staff shall have
the right to inspect any apiary.
Subd. 3. In the case of a complaint regarding the apiary, the apiary site may be
inspected upon reasonable notice to the property owner and/or registered beekeeper.
906.17.—Appeal and Hearing Procedure.
Subdivision 1. Notice of denial, revocation or non-renewal must be made in
writing to the registrant specifying the reason(s) for the action. The registrant may
request, in writing, a hearing within fourteen (14) days of the date of the notification
letter.
Subd 2. A hearing officer shall hold hearings on contested denials, revocations,
and non-renewals. The hearing officer shall be a person appointed by the City. At the
hearing, the applicant may speak on his or her behalf and may present witnesses and
other evidence he or she deems necessary. Upon the conclusion of the hearing, the
hearing officer shall issue a written decision that includes findings of fact. The City shall
provide the registrant with a copy of the hearing officer's decision. The registrant may
7
appeal the hearing officer's decision to the Minnesota Court of Appeals by writ of
certiorari.
Section 6. Effective Date. This Ordinance is effective as provided by Section 3.09 of the
Richfield City Charter.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of January,
2016.
By
(t 2 -
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
8
AFFIDAVIT OF PUBLICATION City of Richfield
(Official Publication)
STATE OF MINNESOTA )ss SUMMARY PUBLICATION
COUNTY OF HENNEPIN BILL NO. 2016-2
AN ORDINANCE SECTION 906
Sharon Gruhl being duly sworn on an oath, OF THE CITY CODE PERTAINING
g y TO BEEKEEPING WITHIN
states or affirms that he/she is the Publisher's THE CITY OF RICHFIELD
Designated Agent of the newspaper(s)known On January 26th,2016,the Rich-
as: field City Council adopted an ordi-
nance designated as Bill No.2016-
SC Richfield 2,the title of which is stated above.
This summary of the ordinance is
published pursuant to Section 3.12
with the known office of issue being located of the Richfield City Charter.The or-
in the county of: dinance amends the Zoning code to
HENNEPIN allow for beekeeping as an allowed
use on properties within the city un-
with additional circulation in the counties of: der the regulations created in a new
HENNEPIN section(906)of the city code.The
and has full knowledge of the facts stated Ordinance permits the City of Rich-
field field to issue permits, inspect and
regulate beekeeping within the city.
(A)The newspaper has complied with all of The ordinance prohibits home sales
the requirements constituting qualifica- of honey from allowed hives.
tion as a qualified newspaper as provided BE IT FURTHER RESOLVED,that
by Minn. Stat.§331A.02. the City Clerk is directed to keep a
copy of the Ordinance in her office
(B)This Public Notice was printed and pub- at City Hall for public inspection and
lished in said newspaper(s) once each to post a full copy of the Ordinance
week, for 1 successive week(s); the first in a public place in the City for a
insertion being on 02/04/2016 and the last period of two weeks.Copies of the
g Ordinance are also available upon
insertion being on 02/04/2016. request by calling 612-861-9738.
Adopted by the City Council of
MORTGAGE FORECLOSURE NOTICES the City of Richfield,Minnesota this
Pursuant to Minnesota Stat. §580.033 26th day of January,2016.
relating to the publication of mortgage /s/
foreclosure notices: The newspaper complies Elizabeth VanHoose,City Clerk
with the conditions described in §580.033, 2/4/16,3SC2,
subd. 1, clause(1) or(2). If the newspaper's Bill No.2016-2,504172
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
B'..rh14-fkAMA" i,, - ,,
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/04/2016 by Sharon Gruhl.
/9 __ .. A
Notary Public
vvWVVi:.
°rI,°g"?'°is,DARLENE MARIE MACPHERSON
t ;;..Rt. y Notary Public-Minnesota
„la'v> My oommleeton 3x iree Jan 31,MO
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 504172