HomeMy WebLinkAboutPacket for CC 08-03-202020-0803; Z-655-20; Council Report.docx
MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z-655-20
DATE: July 24, 2020
Please find information on an item forwarded by the Plan Commission. This will appear on your August 3rd agenda.
Forwarded with a favorable recommendation:
Ordinance Z-655-20 (Docket No. PZ-2020-00068 Z): Beekeeping Standards Ordinance Amendment.
The applicant seeks to amend the Unified Development Ordinance in order to establish standards and definitions
for Beekeeping in residential districts. Filed by DOCS on behalf of the Carmel Plan Commission.
Proposed Amendment Summary:
Attached is a proposed UDO Amendment which establishes beekeeping standards as an accessory use in residential
zoning districts. An Indiana Code was enacted in 2019 to preempt cities from prohibiting beekeeping; however, it does
allow cities to adopt standards regarding the number and location of beehives on private properties. The Department has
seen an increase in beekeeping questions and activity over recent years with no specific standards to manage the size or
location of hives. Adopted standards will provide needed guidance to beekeepers, their neighbors, and city staff.
The proposed standards for personal beekeeping would be added to UDO Article 5: Development Standards as follows:
Section 5.02: Residential Accessory Building and Use Standards
• Line 40: Add Beekeeping standards to Subsection C: Accessory Uses.
The proposed standards address the following:
• Number of hives based on lot size.
• Maximum size of a hive.
• Hive placement (ground, roof, height, setback).
• Water supply requirement.
• Mitigating actions for aggressive behavior.
• Swarm trap requirement.
• Barrier requirement from adjacent properties.
• Identification when visible from public places.
To aide in review, UDO page numbers are referenced in the ordinance document. You may view the Unified
Development Ordinance in its entirety online by clicking on Codes & Ordinances in the Department of Community
Services’ website: www.carmeldocs.com.
Plan Commission Overview:
The Department presented an overview of the proposed ordinance amendment and reiterated the need for Carmel to have
beekeeping standards considering the increased beekeeping questions and activity over the last couple of years. No letters
from the public were received in advance of the virtual meeting. Plan Commission members had a few questions related the
applicability of Home Occupation standards, personal versus agricultural beekeeping and how to apply the proposed
setbacks to hives on rooves. The proposal was amended to clarify that it applies to personal beekeeping, as well as some
adjustments to the lot size and setback standards, as well as requiring a fresh water supply. The Plan Commission’s
Residential Committee forwarded this item to the Carmel City Council with a favorable recommendation.
The information in this packet is arranged in the following order:
1. Plan Commission Certification (expires October 7, 2020).
2. Proposed Ordinance Z-655-20
08/03/2020
Ordinance Z-655-20
1
Sponsor: Councilors Rider & Worrell 1
2
ORDINANCE Z-655-20 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
An Ordinance establishing standards for beekeeping 7
in the Unified Development Ordinance. 8
9
Synopsis: 10
This ordinance amends the Unified Development Ordinance in order to establish standards for beekeeping in 11
residential districts. 12
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WHEREAS, Indiana Code 36-1-28 preempts municipalities from adopting an ordinance that prohibits 14
a person from beekeeping on property that the person owns, rents or leases. However, a municipality may adopt 15
standards concerning the number of bee hives a person may operate and the location of bee hives on the 16
property. 17
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined unified development 18
ordinance; and 19
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), 20
each unit of local government that wishes to adopt land use and zoning ordinances must first approve by 21
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and 22
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 23
text of the unified development ordinance; and 24
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 25
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 26
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 27
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2020-00068 OA having received a favorable 28
recommendation from the Carmel Advisory Plan Commission on Tuesday, July 7, it hereby adopts this 29
Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as amended), to read 30
as follows: 31
32
Section I: Amend Article 5: Development Standards to add Beekeeping standards as an Accessory Use as 33
follows: 34
35
5.02 AB-01: Residential Accessory Building and Use Standards UDO Page 5-4 36
This Accessory Building and Use Standards (AB) section applies to the following zoning districts: 37
ICON: S1, S2, R1, R2, R3, R4, R5 38
C. Accessory Uses: 39
9. Beekeeping: The intent of this Section 5.02(C)(9): Beekeeping is to regulate beekeeping in 40
accordance with state law. However, where beekeeping constitutes an agricultural 41
nonconforming use under IC 36-7-4-616, that use may be continued so long as it is maintained 42
and operated in compliance with all (I) state environmental and state health laws and rules, 43
including IC 14-24-8 pertaining to the annual registration of bees, and (II) any requirements to 44
which conforming agricultural use land is subject under the Zoning Ordinance of Hamilton 45
County, Indiana, as in effect as of July 1, 2020. Beekeeping for purposes of personal use and 46
not for agricultural use shall be permitted on property in the City that the person owns, rents, or 47
08/03/2020
Ordinance Z-655-20
2
leases, subject to the following regulations: 48
a. The maximum number of hives permitted per lot area shall be as follows: 49
i. One (1) hive for a lot up to 4,350 square feet. 50
ii. Two (2) hives for lots greater than 4,350 up to 10,500 square feet. 51
iii. Four (4) hives for lots greater than 10,500 up to 21,000 square feet. 52
iv. Six (6) hives for lots greater than 21,000 up to square feet. 53
v. Eight (8) hives for lots greater than 43,560 square feet. 54
b. Bee colonies shall be kept in movable-frame hives that do not exceed 12 cubic feet. 55
c. Bee hives may only be located on the ground or on the roof of a building with a permanent 56
foundation. When located on the ground, hives shall not exceed five (5) feet in height. 57
When located on a roof, hives shall be placed a minimum of ten (10) feet from the ground. 58
d. Minimum Setbacks: 59
i. Front: No hives may be located forward of the Front Line of the Principal Building, or 60
within 300’ of a front lot line, whichever is less. 61
ii. Side: Hives located on the ground shall be located a minimum of 15 feet from a side lot 62
line. The setback of hives placed on a roof shall follow the setbacks for the structure on 63
which the hives are located. 64
iii. Rear: Hives located on the ground shall be located a minimum of 20 feet from a rear lot 65
line. The setback of hives placed on a roof shall follow the setbacks for the structure on 66
which the hives are located. 67
e. Beekeepers shall maintain an adequate supply of fresh water located near each hive. 68
f. Whenever a colony exhibits overly defensive or aggressive behavior, such as stinging or 69
attacking without provocation, the beekeeper shall split the hive to keep it from swarming 70
or take other immediate mitigating actions. A split may be kept temporarily with one (1) 71
additional hive, for allowing a new queen, in case the parent hive fails to make a new 72
queen or in case the parent hive fails during colder temperatures. 73
g. At least one (1) swarm trap shall be provided where bees are kept. 74
h. If hives are visible from homes on adjacent lots, a six (6) foot tall barrier (such as a fence 75
or landscaping hedge) shall be installed. Fences shall comply with Section 5.09: Fence and 76
Wall Standards. 77
i. If hives cannot be concealed from sight or easy access from public places, each hive must 78
have a sticker placed on it or sign no greater than one (1) square foot located near the 79
property line indicating that there are live bees inside the hive. 80
81
Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 82
repealed. 83
84
Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 85
86
08/03/2020
Ordinance Z-655-20
3
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 87
and _____ nays. 88
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COMMON COUNCIL FOR THE CITY OF CARMEL 91
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___________________________________ 93
Laura D. Campbell, President Sue Finkam, Vice-President 94
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___________________________________ ____________________________________ 97
H. Bruce Kimball Kevin D. Rider 98
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___________________________________ ____________________________________ 101
Anthony Green Jeff Worrell 102
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___________________________________ ___________________________________ 105
Tim Hannon Miles Nelson 106
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___________________________________ 109
Adam Aasen 110
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ATTEST: 113
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__________________________________ 115
Sue Wolfgang, Clerk 116
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2020, at 119
_______ __.M. 120
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____________________________________ 122
Sue Wolfgang, Clerk 123
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Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 126
__.M. 127
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____________________________________ 129
James Brainard, Mayor 130
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ATTEST: 134
___________________________________ 135
Sue Wolfgang, Clerk 136
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Prepared by: 140
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 141