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Home My WebLink AboutZ-655-20/Beekeeping Ordinance 08/17/2020 Ordinance Z-655-20, Version B 1 Sponsor: Councilors Rider & Worrell ORDINANCE Z-655-20, As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ___________________________________________________ An Ordinance establishing standards for beekeeping in the Unified Development Ordinance. Synopsis: This ordinance amends the Unified Development Ordinance in order to establish standards for beekeeping in residential districts. WHEREAS, Indiana Code 36-1-28 preempts municipalities from adopting an ordinance that prohibits a person from beekeeping on property that the person owns, rents or leases. However, a municipality may adopt standards concerning the number of bee hives a person may operate and the location of bee hives on the property. WHEREAS, the City wishes to maintain an orderly, consistent and streamlined unified development ordinance; and WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the unified development ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2020-00068 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, July 7, it hereby adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z -625-17, as amended), to read as follows: Section I: Amend Article 5: Development Standards to add Beekeeping standards as an Accessory Use as follows: 5.02 AB-01: Residential Accessory Building and Use Standards UDO Page 5-4 This Accessory Building and Use Standards (AB) section applies to the following zoning districts: ICON: S1, S2, R1, R2, R3, R4, R5 C. Accessory Uses: 9. Beekeeping: The intent of this Section 5.02(C)(9): Beekeeping is to regulate beekeeping in accordance with state law. However, where beekeeping constitutes an agricultural nonconforming use under IC 36-7-4-616, that use may be continued so long as it is maintained and operated in compliance with all (I) state environmental and state health laws and rules, including IC 14-24-8 pertaining to the annual registration of bees, and (II) any requirements to which conforming agricultural use land is subject under the Zoning Ordinance of Hamilton County, Indiana, as in effect as of July 1, 2020. Beekeeping for purposes of personal use and not for agricultural use shall be permitted on property in the City that the person owns, rents, or DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB 08/17/2020 Ordinance Z-655-20, Version B 2 leases, subject to the following regulations: a. The maximum number of hives permitted per lot area shall be as follows: i. One (1) hive for a lot up to 4,350 square feet. ii. Two (2) hives for lots greater than 4,350 up to 10,500 square feet. iii. Four (4) hives for lots greater than 10,500 up to 21,000 square feet. iv. Six (6) hives for lots greater than 21,000 up to square feet. v. Eight (8) hives for lots greater than 43,560 square feet. b. Bee colonies shall be kept in movable-frame hives that do not exceed 12 cubic feet. Hives shall be spaced at least three (3) feet apart when more than (1) hive is present. c. Bee hives may only be located on the ground or on the roof of a building with a permanent foundation. When located on the ground, hives shall not exceed five (5) feet in height. When located on a roof, hives shall be placed a minimum of ten (10) feet from the ground. d. Minimum Setbacks: i. Front: No hives may be located forward of the Front Line of the Principal Building, or within 300’ of a front lot line, whichever is less. ii. Side: Hives located on the ground shall be located a minimum of 15 feet from a side lot line. The setback of hives placed on a roof shall follow the setbacks for the structure on which the hives are located. iii. Rear: Hives located on the ground shall be located a minimum of 20 feet from a rear lot line. The setback of hives placed on a roof shall follow the setbacks for the structure on which the hives are located. e. Beekeepers shall maintain an adequate supply of fresh water located near each hive. f. Whenever a colony exhibits overly defensive or aggressive behavior, such as stinging or attacking without provocation, the beekeeper shall split the hive to keep it from swarming or take other immediate mitigating actions. g. At least one (1) swarm trap shall be provided where bees are kept. h. If hives are visible from homes on adjacent lots, a six (6) foot tall barrier (such as a fence or landscaping hedge) shall be installed. Fences shall comply with Section 5.09: Fence and Wall Standards. i. A sign indicating the existence of live bees shall be conspicuously placed on all lots upon which hives are present. The sign shall measure no larger than three (3) square feet in size. Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB 08/17/2020 Ordinance Z-655-20, Version B 3 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Laura D. Campbell, President Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Adam Aasen ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2020, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB 0 P 7:15 18th 18th 17th August August August 6:20 Not Present P 8