HomeMy WebLinkAboutPacket for PC 08-18-20 City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: August 18, 2020
To: Plan Commission Members
From: Adrienne Keeling
Re: Docket No. PZ-2020-00068 OA
Enclosed is the information packet for the following item. If you have any questions, please call 571-2417.
Docket No. PZ-2020-00068 OA: Beekeeping Standards Ordinance Amendment.
Council Ordinance Z-655-20, As Amended
The applicant seeks to amend the Unified Development Ordinance in order to establish standards and
definitions for Beekeeping in residential districts. Filed by the Department of Community Services on
behalf of the Carmel Plan Commission.
Returning from Council:
On August 17th, the City Council approved an amended version of the Beekeeping ordinance. Pursuant to Indiana
Code, the Plan Commission has until October 1 (45 days) to act upon the Council’s amendments. The options are:
1. Approve the amendment – the amended ordinance is adopted, requiring no further action.
2. Disapprove the amendment – the ordinance goes back to the Council to either confirm their amendments or
consider revisions.
3. Fail to act within 45 days – the amended ordinance is adopted, requiring no further action.
Council Amendments: See the attached Council Version B – revisions are highlighted in yellow. The Council’s
amendments were the following:
1. Line 55: Added a spacing requirement of 3’ between hives.
2. Line 72: Removed the language about how to specifically manage how hives are split in the event of
defensive behavior.
3. Line 79: Replaced language in Subsection i. to require all properties with hives to display a sign indicating
there are live bees. Increased the maximum sign size to 3 square feet, which parallels the sign ordinance
allowance for certain types of incidental/directional signs).
Recommendation:
The Department of Community Services recommends the Plan Commission votes to Approve the Council’s
amendments this evening to not delay the effective date of the ordinance. However, if more time or discussion is
needed, the vote can occur at the September 15th meeting.
08/17/2020
Ordinance Z-655-20, Version B
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Sponsor: Councilors Rider & Worrell 1
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ORDINANCE Z-655-20, As Amended 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
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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
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Section I: Amend Article 5: Development Standards to add Beekeeping standards as an Accessory Use as 33
follows: 34
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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
08/17/2020
Ordinance Z-655-20, Version B
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. Hives 55
shall be spaced at least three (3) feet apart when more than (1) hive is present. 56
c. Bee hives may only be located on the ground or on the roof of a building with a permanent 57
foundation. When located on the ground, hives shall not exceed five (5) feet in height. 58
When located on a roof, hives shall be placed a minimum of ten (10) feet from the ground. 59
d. Minimum Setbacks: 60
i. Front: No hives may be located forward of the Front Line of the Principal Building, or 61
within 300’ of a front lot line, whichever is less. 62
ii. Side: Hives located on the ground shall be located a minimum of 15 feet from a side lot 63
line. The setback of hives placed on a roof shall follow the setbacks for the structure on 64
which the hives are located. 65
iii. Rear: Hives located on the ground shall be located a minimum of 20 feet from a rear lot 66
line. The setback of hives placed on a roof shall follow the setbacks for the structure on 67
which the hives are located. 68
e. Beekeepers shall maintain an adequate supply of fresh water located near each hive. 69
f. Whenever a colony exhibits overly defensive or aggressive behavior, such as stinging or 70
attacking without provocation, the beekeeper shall split the hive to keep it from swarming 71
or take other immediate mitigating actions. A split may be kept temporarily with one (1) 72
additional hive, for allowing a new queen, in case the parent hive fails to make a new 73
queen or in case the parent hive fails during colder temperatures. 74
g. At least one (1) swarm trap shall be provided where bees are kept. 75
h. If hives are visible from homes on adjacent lots, a six (6) foot tall barrier (such as a fence 76
or landscaping hedge) shall be installed. Fences shall comply with Section 5.09: Fence and 77
Wall Standards. 78
i. If hives cannot be concealed from sight or easy access from public places, each hive must 79
have a sticker placed on it or sign no greater than one (1) square foot located near the 80
property line indicating that there are live bees inside the hive. 81
i. A sign indicating the existence of live bees shall be conspicuously placed on all lots upon 82
which hives are present. The sign shall measure no larger than three (3) square feet in size. 83
84
Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 85
repealed. 86
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Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 88
89
08/17/2020
Ordinance Z-655-20, Version B
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 90
and _____ nays. 91
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COMMON COUNCIL FOR THE CITY OF CARMEL 94
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___________________________________ 96
Laura D. Campbell, President Sue Finkam, Vice-President 97
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___________________________________ ____________________________________ 100
H. Bruce Kimball Kevin D. Rider 101
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___________________________________ ____________________________________ 104
Anthony Green Jeff Worrell 105
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___________________________________ ___________________________________ 108
Tim Hannon Miles Nelson 109
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___________________________________ 112
Adam Aasen 113
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ATTEST: 116
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__________________________________ 118
Sue Wolfgang, Clerk 119
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20 20, at 122
_______ __.M. 123
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____________________________________ 125
Sue Wolfgang, Clerk 126
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Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 129
__.M. 130
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____________________________________ 132
James Brainard, Mayor 133
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ATTEST: 137
___________________________________ 138
Sue Wolfgang, Clerk 139
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Prepared by: 143
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 144