REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT

Transcription

1 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON AMENDMENTS TO THE ANIMAL CONTROL BYLAW TO PERMIT BEEKEEPING IN URBAN AREAS March 5, 2014 PURPOSE To update City of Kamloops Animal Control Bylaw No regulations for beekeeping to allow beekeeping in urban areas, subject to regulations. SUMMARY The City's Animal Control Bylaw currently allows beekeeping only on larger suburban and rural zoned lots. Following a request to Council on November 19, 2013, to update the bylaw's regulations to allow beekeeping in urban areas, Council directed staff to develop a beekeeping bylaw, in consultation with BC Honey Producers Association Kamloops Division. Upon review of the issue, staff determined that beekeeping plays an important role in promoting biodiversity and food security in that bees pollinate plants, including food crops. Honeybees also provide useful products such as honey, bee pollen, royal jelly, and beeswax. On the other hand, beekeeping may pose risk and nuisance to human populations as bees may occasionally sting, swarm, gravitate to adjacent bodies of shallow water, and leave waxy droppings in the springtime. Beekeeping is regulated by the provincial regulation (Bee Act), which requires registration of beehives and authorizes the Ministry of Agriculture to remove or destroy beehives that are unregistered or affected by disease. A review of regulations in other municipalities in BC indicates that many local governments are comfortable allowing honeybee beehives in urban areas provided certain regulations are implemented to reduce risk and nuisance. In line with jurisdictions throughout BC, staff recommend amending the Animal Control Bylaw regulations for bees to allow beekeeping in urban areas in order to promote biodiversity and food security while reducing risk and nuisance to neighbourhood residents and the general public. Highlights of the proposed amendments are as follows: Beehives would be allowed on all standard-sized single- and two-family lots (lots less than 370 m 2 would be excluded). Beehives would also be allowed on school, church, or park property when associated with a community garden or education program. The number of beehives permitted would vary depending on lot size. To minimize potential interactions between bees and neighbourhood residents, beehives would have to be sited in rear yards, oriented away from adjacent properties, with appropriate setback requirements (as shown on Attachment "A") to manage bees' flight paths. 69

2 TO PERMIT BEEKEEPING IN URBAN AREAS Page 2 Beekeepers would be required to comply with the Bee Act (including registration under with the BC Apiary Registration Program) to provide a water source to discourage bees from seeking water from sources on adjacent properties and to take reasonable precautions to deter and manage swarming or defensive behaviour. The proposed regulations were developed in consultation with the BC Honey Producers Association and the Ministry of Agriculture. To accompany the proposed bylaw changes, staff recommend development of an information package for prospective beekeepers that includes a BC Honey Producers Association contact list (to be contacted in the event of a swarming event or for general beekeeping advice), tips for successful operations, a recommendation to join the BC Honey Producers Association, and guidelines to encourage beekeepers to take technical courses and talk to their neighbours prior to operating. The BC Honey Producers Association has indicated a strong willingness to provide emergency contacts and assist with development of such an information package. The Ministry of Agriculture has indicated that it is available to provide technical expertise and inspections for beekeeping operations, as well as to intervene in the event of disputes. Enforcement of the proposed bylaw will take place in accordance with the Animal Control Bylaw. It should be noted that the Animal Control Bylaw addresses concerns related with the keeping of horses, livestock, dogs, bees, etc. Consistent with past practices in the City of Kamloops, requests to amend the Animal Control Bylaw on a property-specific basis (other than for the number of dogs permitted) will continue to be processed through a site-specific rezoning process. While not legally required for changes to the Animal Control Bylaw, staff recommend that Council authorize a Public Hearing to provide an opportunity for the general public to comment. As stakeholders participated in the drafting of the proposed bylaw (as per Council's request), and the Public Hearing provides an opportunity for broader public input, staff advise Council to proceed as outlined in the recommendation. RECOMMENDATION: That Council authorize: a) A Public Hearing to consider amending Animal Control Bylaw No as follows: i) DEFINITIONS, 1.2 Specific Definitions, by deleting the following: '"Bee" means a honeybee kept in an apiary which is registered under the provisions of the Apiaries Act.' and replacing it with: '"Bees" means honeybees kept in an apiary that is registered under the provisions of the Bee Act.' 70

3 TO PERMIT BEEKEEPING IN URBAN AREAS Page 3 ii) DEFINITIONS, Section 1. 2 Specific Definitions, by adding the following: '"Colony" or "beehive" means an enclosed, man-made structure that is typically made up of a series of rectangular frames, in which honeybees live and raise their young.' '"Nucleus Colony" means a colony of not more than five (5) removable frames primarily used for rearing and storing queen bees.' iii) Section 12 BEES, by deleting the following: "12.1 No person shall keep or harbour bees on any parcel of land unless the parcel of land is located in the Zone Areas FD, CR-1, CR 2, CR-3, RS-2, RS-2A, RS-3, A-1, or as specifically permitted by the City of Kamloops Zoning Bylaw on individual lots (a) In Zone Areas FD, CR-1, CR-2, CR-3, and A-1 there shall be no limitation on the number of hives which may be kept. (b) In Zone Areas RS-2, RS-2A, and RS-3 the maximum number of hives shall be two (2) No person shall place any hive or other device for the housing of bees on any parcel of land unless the said hive or device is located at least 6 m ( ft.) from any property line." and replacing it with the following: "12.1 No person shall keep or harbour bees on any parcel of land unless: 71

4 TO PERMIT BEEKEEPING IN URBAN AREAS Page 4 (a) The parcel of land is located in one of the following: (i) (ii) (iii) Zone Areas A-1, FD, CR-1, CR-2, CR-3, RS-1, RS-1S, RS-2, RS-2A, RS-3, RS-4, RS-5, RT-1, RT-2, or RT-3; Zone Areas P-1, P-2, P-3, P-4, or P-8 and associated with a community garden or educational program; or As specifically permitted by the City of Kamloops Zoning Bylaw on individual lots. (b) (c) (d) The parcel of land is equal to or greater than 370 m 2. In the case of residentially zoned properties, any beehive is located in the rear yard of the property. Any beehive is oriented to face away from adjacent properties, lanes, and streets and is sited so as to allow a clear flight path of at least 7.5 m straight ahead from the front of the beehive to any property line and 3.0 m from the side and rear of the beehive to any property line, except where the beehive is: (i) (ii) Sited behind a solid fence or hedge that is at least 1.8 m in height, in which case the 7.5 m setback may reduced to 6.0 m and the 3.0 m setback may be reduced to 1.0 m; or Elevated such that the underside of the beehive is raised a minimum of 2.5 m above ground level, in which case the 7.5 m setback may be reduced to 3.0 m. 72

5 TO PERMIT BEEKEEPING IN URBAN AREAS Page The maximum number of beehives/colonies and nucleus colonies permitted is as follows: (a) Two (2) beehives/colonies and two (2) nucleus colonies on any parcel of land that is less than 929 m 2. (b) Four (4) beehives/colonies and four (4) nucleus colonies on any parcel of land that is equal to or greater than 929 m 2 and less than 1,858 m 2. (c) Six (6) beehives/colonies and six (6) nucleus colonies on parcels equal to or greater than 1,858 m 2 and less than 0.8 ha. (d) (e) Ten (10) beehives/colonies and ten (10) nucleus colonies on parcels equal to or greater than 0.8 ha and less than 2.0 ha. Unlimited beehives/colonies and nucleus colonies on parcels equal to or greater than 2.0 ha Every person keeping bees must: (a) (b) (c) Comply with the Bee Act. Provide a water supply to prevent the bees from seeking water from other sources, such as neighbourhood birdbaths, pool decks, ponds or other sources of water. Take all reasonable measures to prevent and manage swarming or defensive behaviour by the bees."; and b) Staff to develop an information package to educate beekeepers on the proposed bylaw changes and best practices for urban beekeeping, as well as to provide the public with resources to contact in the event of swarming, defensive behaviour, or other beekeeping-related issues. 73

6 TO PERMIT BEEKEEPING IN URBAN AREAS Page 6 COUNCIL POLICY City of Kamloops 2013 Agriculture Area Plan, Action 61, states that the City will provide information to farmers related to best management practices to "encourage farm planning that recognizes the importance of pollinators and enhances pollinator habitat and populations". DISCUSSION Benefits of Beekeeping Beekeeping plays an important role in promoting biodiversity and food security in that bees pollinate plants, including horticultural plants and agricultural crops. In addition to contributing to healthy ecosystems and more productive harvests, bees provide honey and other products, such as bee pollen and royal jelly, which are used in dietary supplements, as well as beeswax, which can be used for candles, skin lotions, and balms. Beekeeping can also be used as an education tool to teach about biodiversity, pollination, natural reproduction, food security, etc. Concerns and Mitigation Methods While bees may occasionally sting when threatened, most insect stings actually come from wasps as bees are generally not aggressive. Less than 1% of the general population is truly allergic to bee stings. By situating beehives in rear yards, away from adjacent properties and behind fences or raised in the air, bees' flight paths can be directed in such a way as to minimize interaction with neighbourhood residents. Siting requirements utilized by other municipalities are discussed below, along with the existing and proposed requirements for the City. Honeybees need water. If water is not supplied, they can consistently migrate to available bodies of shallow water on neighbouring properties, such as swimming pool decks and birdbaths. As such, some municipalities require that water be supplied on site in conjunction with beekeeping. Bees are also known to deposit waxy droppings in their first flight after winter dormancy. The nuisance factor of these droppings can be mitigated through limiting the number of beehives, and hence bees, on a given property. As part of bees' lifecycle, bees can swarm in late spring and early summer when overcrowding occurs. Swarming is a natural means of reproduction whereby bee colonies leave the beehive following the queen bee, effectively splitting the colony into two. Experienced beekeepers are able to manage swarms. A number of municipalities maintain lists of experienced beekeepers to contact in the event of a swarm, and common practice is to keep smaller "nucleus colonies" to rear and store queen bees. In winter, bees go into dormancy and typically will not leave the beehive unless the temperature reaches unseasonably high levels. 74

7 TO PERMIT BEEKEEPING IN URBAN AREAS Page 7 Beekeeping Regulations in BC and Proposed Regulations for Kamloops Provincial Regulation The Bee Act requires that anyone keeping bees be registered under the Apiary Registration Program and authorizes the Ministry of Agriculture to respond to complaints, conduct inspections, and remove or destroy bees or equipment that is not registered or affected by disease. The Ministry maintains a list of apiary inspectors for the various regions of the province. Municipal Regulations Beekeeping is permitted in residential areas in numerous municipalities in the province. Regulations for the Lower Mainland tend to be quite similar, and most were developed in consultation with the BC Ministry of Agriculture. Beekeeping regulations for those municipalities surveyed are discussed below, along with a comparison of the City's current and proposed regulations. Zoning and Minimum Lot Sizes The City currently permits beehives in large-lot (suburban and rural), single-family zones (FD, CR-1, CR 2, CR-3, RS-2, RS-2A, RS-3, and A-1). In the other jurisdictions reviewed, beehives are generally permitted in residential zones, including agricultural zones. Several municipalities only allow them in single- and two-family zones or restrict them from multiple-family zones (Delta, Vancouver, Surrey, New Westminster, Richmond, and Maple Ridge). The City of Delta also allows them in public zones, while the City of Vancouver also allows them in conjunction with community gardens when associated with an education program. Similar to many of the jurisdictions reviewed, staff recommend permitting beehives in the A-1 (Agricultural) zone; all single- and two-family residential zones; and in school, public and quasi-public, and church zones when associated with community gardens or education programs. Minimum Lot Sizes While regulations in smaller Interior cities such as Kelowna, Salmon Arm, and Vernon tend to require large minimum lot sizes for keeping bees (0.61 ha, 0.4 ha, and 0.4 ha respectively), most cities in the Lower Mainland have either no minimum lot size (New Westminster, Richmond, Pitt Meadows, District of North Vancouver, Delta, Vancouver, and Surrey) or a modest minimum lot size (Maple Ridge and Burnaby have a minimum lot size of 557 m 2 ). 75

8 TO PERMIT BEEKEEPING IN URBAN AREAS Page 8 Minimum lot sizes are likely intended to reduce opportunities for potential conflicts with neighbours and reduce the number of people keeping bees in a given area; however, staff are of the opinion that large minimums such 929 m 2 (the minimum lot size of the RS-2A zone, the smallest lot zone where beekeeping is currently allowed in Kamloops), or even modest minimums such as 557 m 2, are not necessary since zoning and siting requirements effectively prevent potential conflicts with neighbouring residents. Moreover, a review of the number of registered beekeepers in several densely populated BC municipalities without minimum lot size requirements indicates that minimum lot sizes are not needed to prevent any "over-proliferation" of bees (see table below). Municipality Population Number of Private Dwellings Approximate Number of Registered Beekeepers Kamloops Region 98,754 40, Vancouver 603, , New Westminster 65,976 30, Surrey 468, , Relatively small numbers of beekeepers in highly populated jurisdictions such as Vancouver and Surrey are likely a reflection of the fact that the time, cost, and education required to keep bees prevent the vast majority of people from entering into beekeeping. The fact that bees tend to die off in the winter will also discourage an over-proliferation of bees in the city. While large or modest minimums are not necessary to reduce conflicts or over-production of bees, staff recommend a minimum lot size of 370 m 2 to avoid potential conflicts in highly compact urban situations. Siting and Setbacks The City currently requires that beehives be set back 6 m from any property line. Many of the other municipalities surveyed have similar siting and setback requirements for beehives. In several instances, they must be located in a rear yard and often must be located 7.5 m from adjacent property lines, unless the beehive is located behind a 1.8 m high fence or located 2.5 m above the ground, in which case setbacks may be reduced or eliminated (Burnaby, New Westminster, Richmond, District of North Vancouver, Delta, Vancouver, and Surrey). 76

9 TO PERMIT BEEKEEPING IN URBAN AREAS Page 9 The intent of fencing, setback, and height requirements is to guide the flight paths of the bees to keep them away from neighbours. Staff support a similar approach in Kamloops. As beehives typically have one entrance and bees tend to travel straight in and out from the entrance to the beehive, staff recommend requiring different setbacks from property line for the front of the beehive (7.5 m) and the rear and side of the beehive (3.0 m). Under the proposed regulations, these setbacks may be reduced to 6.0 m for the front of the beehive and 1.0 from the rear and side of the beehive where a 1.8 m high fence or solid hedge is provided. The 1.0 m setback is the same setback requirement for accessory buildings in residential zones and is intended to reduce opportunities for conflict with neighbours. While zoning regulations restrict fence heights in rear yards not abutting a street to a maximum height of 2 m (6.7 feet), staff recommend using a minimum fence height of 1.8 m (6 ft.) as a condition of reducing setback requirements for beehives since 1.8 m is used by other municipalities in their beehive regulations, is adequate to guide bees' flight paths, and is a standard height of commercially available fence panels. Staff support maintaining a 3 m setback for beehives raised 2.5 m above ground (as on a deck or flatroofed accessory building) to reduce the visual appearance of the beehives "looming" over adjacent properties (the proposed siting restrictions are shown on Attachment "A"). Number of Beehives Kamloops currently does not have a limit on the number of beehives in country residential zones (CR-1, CR-2, and CR-3) and the A-1 (Agricultural) zone, while a maximum of two beehives are permitted in suburban zones (RS-2, RS-2A, and RS-3). In other jurisdictions in BC, the number of beehives permitted typically depends on lot size. For example, Richmond, Pitt Meadows, and Delta permit two colonies and two nucleus colonies on land less than 1,000 m 2, while four colonies and four nucleus colonies are allowed on land over than 1,000 m 2. In cities such as New Westminster and Richmond, a scale based on lot size is provided (i.e. two beehives are permitted on lots less than 1000 m 2, four beehives are permitted on lots that are 1,000 m 2-2,000 m 2, and six beehives are permitted on lots between 2,000 m 2 and 4,000 m 2 ). Given the very wide range of parcel sizes in Kamloops, staff support a similar scale-based approach, with an unlimited number of bees permitted on parcels over 2 ha. Additional Requirements: Swarming In a number of jurisdictions reviewed (District of North Vancouver, Surrey, New Westminster, Richmond, and Maple Ridge), beekeepers and property owners are required to take reasonable measures to prevent "swarming and aggressive behaviour" and must re-queen bees if such behaviour occurs. Staff at the Ministry of Agriculture have indicated that swarming is not at all synonymous with aggressive behaviour. Swarming occurs when bees leave the beehive collectively in search of a new nest (in which case they are typically full of honey and quite docile), and "aggressive" behaviour only occurs when bees feel that their beehive is threatened (in which case their behaviour is actually defensive rather than aggressive). 77

10 TO PERMIT BEEKEEPING IN URBAN AREAS Page 10 Recognizing the distinction between swarming and defensive behaviour, staff recommend requiring beekeepers to take all reasonable measures to prevent and manage swarming or defensive behaviour should either occur. Moreover, the proposed regulations permit the use of smaller "nucleus colonies" to rear and store queen bees in the case of a swarm event, in which case a colony has split, leaving part of the colony without a queen. The BC Honey Producers Association Kamloops Division currently maintains a list of beekeepers to contact in the event of a swarm and has offered to make contacts available through an information package on beekeeping to accompany the proposed bylaw, should it be approved. It should be noted beekeepers have a vested interest in preventing and managing swarm events since failure to do so could result in loss of a significant portion of a colony. Likewise, the BC Honey Producers Association has an interest in assisting management of swarms as doing so could result in the acquisition of a new bee colony. For these reasons and the generally docile nature of bees, staff are of the opinion that the proposed regulations will not pose a threat to public safety. Additional Requirements: Water Sources In jurisdictions such as Richmond and the District of North Vancouver, beekeepers must provide water to deter bees from seeking water in other sources such as neighbouring swimming pool decks. Staff support adopting a similar measure in Kamloops. Enforcement Most of the urban bee bylaws in the Lower Mainland were developed in cooperation with the Ministry of Agriculture. A representative with the Ministry has indicated that he is unaware of enforcement issues or complaints among the municipalities he has worked with. In developing their urban bee by-laws, Maple Ridge, the Township of Langley, and Delta all contacted neighbouring municipalities, and no enforcement issues were identified. A staff representative with New Westminster indicated that the city implemented an urban bee bylaw to address issues of too many beehives on a particular property but has not received complaints since the bylaw was implemented. In light of the experience in the Lower Mainland, staff are of the opinion that the proposed regulations will not result in a rise in complaints and enforcement issues. Should compliance issues arise, enforcement and penalties such as fines would be implemented in accordance with the Animal Control Bylaw. Monitoring While staff are confident that the proposed regulations effectively reduce opportunities for conflict, staff propose monitoring their implementation and keeping track of any issues that may arise should Council adopt them. Council reserves the right to fine-tune or rescind the proposed regulations in the future should the circumstances necessitate. 78

11 TO PERMIT BEEKEEPING IN URBAN AREAS Page 11 SUSTAINABILITY IMPLICATIONS The Sustainable Kamloops Plan identifies food security as a priority issue and discusses the importance of encouraging the use of the Kamloops land base for food production through measures such as increasing the number of community garden plots in the city. Permitting honey bees in a higher range of areas in the city, including community gardens, supports food security by increasing urban agricultural viability through increasing the number of pollinating insects in the area. CONCLUSION In summary, staff support amendments to the City's Animal Control Bylaw to allow bees in urban areas in order to promote biodiversity and food security and keep pace with other jurisdictions in the province. Staff are of the opinion that the proposed regulations effectively manage risk and nuisance to neighbours and the general public by providing appropriate requirements on the siting of colonies, the number of colonies permitted, the minimum lot size on which colonies are permitted, and the management of swarms and other issues. Additionally, a requirement to comply with the Bee Act provides a means to limit opportunities for disease to occur, while cooperation with the BC Honey Producers Association Kamloops Division ensures that best practices for beekeeping are encouraged in the City and swarms are effectively managed. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Concurrence: D. Duckworth, Corporate Services and Community Safety Director Author: S. Bentley, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor SB/tb/kjm/lm/dla 79

12 PROPOSED SITING RESTRICTIONS FOR BEEHIVES SCENARIO 1: SITING HIVES WHERE NO FENCE IS PROVIDED 7.5 M SETBACK FROM FRONT OF HIVE TO PROPERTY LINE 3.0 M SETBACK FROM REAR & SIDE OF HIVE TO PROPERTY LINE REAR YARD HOUSE FRONT YARD STREET SCENARIO 2: WITH 1.8 M (6 ) FENCE 6 M SETBACK FROM FRONT OF HIVE TO PROPERTY LINE 1.0 M SETBACK FROM REAR & SIDE OF HIVE TO PROPERTY LINE 1.8 M (6 ) HIGH FENCE REAR YARD HOUSE FRONT YARD STREET SCENARIO 3: HIVE ELEVATED 2.5 (8 ) OFF GROUND 3.0 M SETBACK FROM ALL SIDES OF HIVE TO PROPERTY LINE GARAGE REAR YARD DECK HOUSE FRONT YARD STREET 80