City of Fairfax, Virginia City Council Regular Meeting

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1 City of Fairfax, Virginia City Council Regular Meeting Agenda Item #,:7~a:... _ City Council Meeting 6/25/2013 TO: FROM: Honorable Mayor and Memb~rstf City Council Robert Sisson, City Manager {vj::yl SUBJECT: Proposed amendments to the Code of the City of Fairfax, Chapter 110, Article II, Division 14, Sections and and Chapter 38, Article III, Section and the addition of Chapter 7, domestic beekeeping to establish regulations with respect to the keeping of honeybees on certain properties in the City. ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVE: RESPONSIBLE STAFF/POC: COORDINATION: ATTACHMENTS: To consider the adoption of standards regarding the keeping of honey bees on certain properties in the City as amendments to the City Code. Amendments to the City Code regarding the keeping of honey bees on residential properties would permit the City to establish best management practices that would ensure that the placement and maintenance of beehives in the City are consistent with the goals of the Code. A provision to allow the collection of a modest fee in conjunction with the issuance of a permit has been included in the recommended amendment. Staff recommends, and the Planning Commission recommended on June 10, 2013, that the City Council adopt amendments to the City Code to establish standards regarding bee keeping on certain properties in the City. The Council may choose not to adopt the amendments. Kelly O'Brien, Planner, CDP Brooke Hardin, Planning Division Chief David Hudson, Director City Attorney Memorandum dated June, 2013 Ordinance Motions

2 MEMORANDUM To: Through: From: Subject: Date: Robert Sisson, City Manager David Hudson, Director. Community Development & Planning t=:>+t fc,a.. Dh Brooke Hardin, Planning Division Chieff?t-1- Kelly O'Brien, Planner ~0 Domestic Beekeeping June,2013 At its work session on September 18, 2012, the City Council was presented requested infonnation regarding beekeeping and related zoning regulations. At the conclusion of the work session, City Council instructed staff to proceed to the Planning Commission and to draft an ordinance for Council consideration. Staff presented the same information to the Planning Commission on October 8, 20!2. Based on comments received from both the City Council and the Planning Commission, staff prepared and presented a draft ordinance to the Planning Commission on June 10, The ordinance, as amended and unanimously approved by the Planning Commission at its June 10 public hearing, is attached. The Planning Commission concentrated particularly on the issues of flyway barrier maintenance, permitting and fees. Background Under current the City Code, bees are regulated by the same standards as agricultural animals which are required to be kept at least 100 feet from property lines, thereby eliminating the practice from all but the largest of residential parcels. Citizens interested in keeping honey bees on their residential properties requested that the Code be amended to be tess restrictive for the keeping of honeybees. Staff has researched the topic and inquired with other jurisdictions regarding zoning policies on residential beekeeping. Staff has corresponded with six nearby jurisdictions and several local beekeepers as well as reviewed many ordinances from around the country pertaining to the keeping of honey bees. Proposed Amendments Through conversations with staff in the Zoning Administration Division, Police Department, Revenue, Finance and the City Attorney, several issues 'were raised for further review and consideration. These issues included what sections of the City Code would the text amendments be contained within to permit hives on residential properties, the number of hives that would be pennitted and on what size lots, what department would administer permits, what staff or department would regulate and inspect hives, and what best practices would be included in the code amendment.

3 Page 1 of 7 1 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 110, ARTICLE II, DIVISION 14, 4 SECTIONS AND AND CHAPTER 38, ARTICLE III, SECTION AND CHAPTER 7, DOMESTIC BEEKEEPING, OF THE CODE OF THE 6 CITY OF FAIRFAX, VIRGINIA, TO ESTABLISH REGULATIONS WITH 7 RESPECT TO THE KEEPING OF HONEY BEES ON CERTAIN PROPERTIES 8 IN THE CITY BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that 11 Chapter 110, Article II, Division 14, Section of the Code of the City of 12 Fairfax, is hereby amended as follows: Section Permitted accessory structures Accessory structures include, but are not limited to, the following structures: 18 (1) Antenna structures for private radio/television reception, as qualified 19 by section , and satellite dish antennas up to 12 feet in diameter (2) Play structures not to exceed 100 square feet in area, measured around the 22 perimeter of such structure. For the purposes of this chapter, swing sets shall 23 not be subject to setback/minimum yard requirements (3) Doghouses, runs, pens, rabbit hutches, cages and other similar structures for 26 the housing of pets (as defined in section 6-141), but not wild or exotic 27 animals. Such structures shall not include kennels as defined in section (4) Detached, private garages and freestanding carports, provided that the 30 footprint area of no such structure shall exceed 50 percent of the footprint 31 area of the principal dwelling. For the purposes of this section, footprint is 32 the physical space, measured on a horizontal plane at mean ground level, 33 occupied by an accessory structure or principal dwelling (excluding 34 uncovered porches, terraces, and steps) (5) Gazebos and similar structures. 38 (6) Signs, as permitted under article II, division 7 of this chapter (7) Storage structures, provided that no such structure shall exceed 250 square 41 feet in gross floor area. 42

4 Page 2 of (8) Swimming pool, bathhouse, tennis, basketball or volleyball court, and other similar private outdoor recreation uses. (9) Beehives as permitted under Chapter 7. 6 BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, 7 Virginia, that Chapter 110, Article II, Division 14, Section of the Code of 8 the City of Fairfax, is hereby amended as follows: 9 10 Section Location requirements for accessory structures (a) If an accessory-type structure is attached to a principal structure by any wall 13 or roof construction, it shall be deemed to be a part of the 14 principal structure and shall comply in all respects with the requirements of 15 this chapter applicable to a principal structure, except as otherwise provided 16 in this division. 18 (b) Ground-supported antenna structures for private radio/television facilities 19 under applicable Federal Communications Commission regulations are 20 regulated by section (c) Satellite dish antennas shall be ground-mounted and comply with all 23 applicable height, bulk and setback requirements specified within the district 24 regulations. All installations shall be located to prevent obstruction of the 25 antenna's reception window from existing or 26 potential permitted development on adjoining properties. All installations 27 shall include screening located along the antenna's nonreception window 28 axes and low-level ornamental landscaping along the reception window axes 29 of the antenna's base. Such treatments shall completely enclose the antenna (d) Signs shall be located in accordance with the provisions of article II, 32 division 7 of this chapter (e) (f) Doghouses, runs, pens, rabbit hutches, cages and other similar structures for the housing of dogs, and other pets shall be located in accordance with the provisions set forth in subsection (f) of this section, except in no instance shall a structure, run or pen for three or more dogs-be located closer than 20 feet to any lot line. Beehives shall be located no closer than 10 feet to any side or rear lot line. The following regulations shall apply to the location of accessory structures: ( 1) The height of an accessory structure shall be considered as the vertical distance from the average elevation of the existing grade at the ground level of the structure to the level of the highest point of the structure. 3

5 Page 3 of7 1 (2) No accessory structure or use, except a statue, basketball standard or 2 flagpole, shall be located within any required front yard on any lot, 3 except as otherwise provided in this division. 4 5 (3) An accessory structure which does not exceed eight feet six inches in 6 height may be located no closer than five feet from any side or rear lot 7 line, except as otherwise qualified in this division. Detached, 8 residential one-story garages or storage structures, with side walls not 9 exceeding eight feet six inches in height and overall height measured 10 from the grade of the garage floor to the highest roof point not 11 exceeding 12 feet in height, may be located no closer than five feet 12 from any side or rear lot line. Small one-story storage structures not 13 exceeding 80 square feet in area, and not exceeding eight feet six 14 inches in height, and with foundation, if any, not exceeding four inches 15 thick may be located in any part of any rear yard behind the rear wall 16 of the principal dwelling unit. 18 ( 4) An accessory structure which exceeds eight feet six inches in height 19 shall not be located in any part of any minimum required side yard, 20 except as otherwise provided in this division (5) An accessory structure which exceeds eight feet six inches in height 23 shall be located no closer than a distance equal to its height to the rear 24 lot line, except as otherwise provided in this division (6) No accessory structure other than beehives shall be located nearer than 27 seven feet from any other accessory or principal structure BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, 31 Virginia, that Chapter 38, Article III, Section of the Code of the City of 32 Fairfax, is hereby amended as follows: Section Definitions The following definitions shall apply to this article: 38 Bulk waste. Appliances, furniture, bedding material, automobile parts, mechanical 39 equipment, mechanical parts, carpet or similar material Commercial waste. All materials or substances from any retail, wholesale, or 42 commercial establishment Designated enforcement officer. The director of code administration or his 45 designee, any city law enforcement officer, or duly designated sworn special police 46 officer.

6 Page 4 of l Dump. To dump, throw, release, spill, leak, discard, place, deposit or dispose of or allow to be dumped, thrown, released, spilled, leaked, discarded, placed, deposited or disposed. Hazardous waste. Insecticides, poisons, corrosives, combustibles, caustics, acids, infectious materials, explosives, compressed gases, biological and chemical materials, radioactive materials, flammable materials, and petroleum products, or similar materials. Industrial waste. All materials or substances related to manufacturing, processing or production. Litter. Any can, bottle, box, carton, container, paper, wrapper, tobacco product, rag, cloth or newspaper. Person. Any individual, firm, owner, sole proprietorship, partnership, corporation unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity. Public health or safety menace. Any condition that may be injurious to the public health or safety including, but not limited to: (1) Unburied dead animals; (2) Accumulations of water causing mosquito or other vector breeding or proliferation, except as a reguired source of water for beehives as defined in chapter 7; (3) Unsanitary disposal of sewage, debris, or solid wastes; rodent and insect infestations; (4) The accumulation of fowl, honeybees and animals in such a manner as to create a condition that may be injurious to the public health or safety; (5) The accumulation of solid waste in such a manner as to create a condition that may be injurious to the public health or safety; (6) Open excavations, open wells, pits, trees or parts thereof in danger of falling; (7) Unsecured vacant structures; or (8) Habitation for bats, wasps or other venomous pests; Solid waste. Litter, garbage, trash, industrial waste, bulk waste, yard waste, commercial waste, hazardous waste, structural waste, tires, or any other condition, substance, material, product or thing which may be detrimental or potentially harmful to health, safety, comfort and general welfare of the public or the environment. Structural waste. All building materials resulting from erecting, removing, repairing, remodeling or razing buildings or other structures. 5

7 Page 5 of Yard waste. All materials derived from trees, shrubbery, leaves, fallen branches, lawn trimmings, and other woody waste. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 7, DOMESTIC BEEKEEPING is hereby added to the Code of the City of Fairfax, as follows: CHAPTER 7. - DOMESTIC BEEKEEPING Sec Definitions Domestic Beekeeping means the care, manipulation and management of all lifestages of honey bees for non-commercial purposes. Honey bee, means all stages of life of the common domestic, certified European honeybee, otherwise known by the species name Apis mellifera. Apiary means the assembly of one or more colonies of bees at a single location. Beehive or hive means a dwelling-place constructed for bees, measuring no greater than six feet in height from the base of the structure to the top. Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Colony means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs and honey. Flyway barrier means a wall, solid fence, dense vegetation or a combination thereof at least six feet in height, designed to direct the honeybees' flight from the hive upward, out of humans' way. Sec Colony Density (a) The minimum lot size required for beekeeping shall be 5,000 square feet. (b) The maximum number of hives allowed shall be determined based on lot sizes as follows: ( 1) Larger than 5000 square feet but smaller than 1 4 acre 2 beehives (2) Larger than 1 4 acre 4 beehives Sec 7.3- Best Practices

8 Page 6 of7 1 Keeping of up to four beehives on an occupied, residential lot shall be allowed, provided 2 that: 3 4 a) All honey bee colonies shall be kept in inspectable type hives with removable 5 combs, which shall be kept in sound and usable condition. 6 7 b) A constant supply of fresh water shall be provided on the lot, within twenty feet 8 of all hives. The water source shall be maintained so as not to become stagnant c) A flyway barrier at least six feet in height, but no greater than seven feet in height, 11 shall be erected parallel to the property line between the hive opening and any 12 property line located ten feet or less therefrom. The flyway barrier shall consist of 13 a wall, solid fence, dense vegetation or a combination thereof extending five feet 14 beyond the hive in each direction. A flyway barrier of dense vegetation shall not be 15 limited to seven feet in height provided that the initial planting is 4 feet in height 16 and the vegetation normally reaches 6 feet in height or higher. Barriers shall be maintained in good condition so that all bees are forced to fly at an elevation of at 18 least 6 feet above ground level d) The property owner, operator, or tenant that intends to engage in domestic 21 beekeeping shall obtain a permit under Sec Sec Permit and Fees (a) Any person who wishes to keep bees in the City of Fairfax shall obtain a permit 26 prior to acquiring the honey bees (b) The applicant for the permit shall provide written permission from the owner of 29 the property if the applicant is not the owner (c) Upon receipt and approval of a permit application, best practices list, plat showing 32 proposed hive locations and payment of the fee, the Zoning Administrator may 33 issue a non-transferable permit to the applicant (d) The treasurer shall place all money collected by him for domestic beekeeping 36 permits in the general fund of the City. 38 Sec Authority to revoke permit (a) The City Manager's designee may revoke the permit and remove the hive(s) if the 41 applicant fails to comply with the best practices as stipulated herein, this or any 42 ordinance of the City Code, or any other applicable Virginia or local law or 43 regulation pertaining to the keeping of bees. 44 1

9 Page 7 of7 1 (b) The City's designated inspector shall have the right to inspect the hives between 8 2 a.m. and 5 p.m. Where practicable, prior notice shall be given to the licensed 3 beekeeper. 4 5 (c) In any instance in which a colony exhibits aggressive or swarming behavior as 6 determined by the City, the beekeeper must ensure that the colony is re-queened 7 or the permit may be revoked by the City Manager. Aggressive behavior is any 8 instance in which unusual aggressive characteristics such as stinging or attacking 9 without provocation occurs (d) The City Manager's designee may remove any colonies and hives determined to 12 be abandoned This ordinance shall become effective as provided by law Planning Commission Public Hearing: 18 City Council Public Hearing: ADOPTED: Mayor Date: 28 Attest: City Clerk Vote: 36 M. DeMarco: D. Drummond: 38 J. Greenfield: 39 D. Meyer 40 E. Schmidt: 41 S. Stombres:

10 Sample Motion - Zoning Text Amendment STANDARDS FOR KEEPING OF HONEY BEES ON PROPERTIES WITHIN RESIDENTIAL DISTRICTS Deny Text Amendment I MOVE THAT, IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE, THE CITY COUNCIL NOT ADOPT THE PROPOSED TEXT AMENDMENTS TO CITY CODE CHAPTER 110, ARTICLE II, DIVISION 14, SECTIONS AND AND CHAPTER 38, ARTICLE III, SECTION AND THE ADDITION OF A NEW CHAPTER 7, DOMESTIC BEEKEEPING, TO ESTABLISH REGULATIONS WITH RESPECT TO THE KEEPING OF HONEY BEES ON PROPERTIES WITHIN THE R-1, R-2, AND R-3 ZONING DISTRICTS, FOR THE FOLLOWING REASONS: (City Council to provide reasons)

11 Sample Motion - Zoning Text Amendment STANDARDS FOR KEEPING OF HONEY BEES ON PROPERTIES WITHIN RESIDENTIAL DISTRICTS Adopt Text Amendment (Recommended by Staff) I MOVE THAT, IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE, THE CITY COUNCIL ADOPT THE PROPOSED TEXT AMENDMENTS TO CITY CODE CHAPTER 110, ARTICLE II, DIVISION 14, SECTIONS AND AND CHAPTER 38, ARTICLE III, SECTION AND THE ADDITION OF A NEW CHAPTER 7, DOMESTIC BEEKEEPING, TO ESTABLISH REGULATIONS WITH RESPECT TO THE KEEPING OF HONEY BEES ON PROPERTIES WITHIN THE R-1, R-2, AND R-3 ZONING DISTRICTS. )0