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2013-15 ORDINANCE NO. 2013-15 DIVISION 14; AN ORDINANCE AMENDING CHAPTER 110, ARTICLE ARTICLE III, SECTION 38-31 SECTIONS 110-387 AND 110-389 AND CHAPTER AI OF THE CODE OF THE CIT OF AND CHAPTER 7,DOMESTIC BEEKEEPING, WITH RESPECT T THE FAIRFAX,VIRGINIA,TO ESTABLISH CERTAIN PROPERTIES IN THE CITY. KEEPING OF HONEY BEES ON C BE IT ORDAINED by the City Council of the City of Fairfax, Virgini , that Chapter 110, Article II, Division 14, Section 110-387 of the Code of the City of Fai fax, is P hereby amended as follows: Section 110-387. —Permitted accessory structures. Accessory structures include,but are not limited to,the following structures: (1) Antenna structures for private radio/television reception, as qualified by section 110-35, and satellite dish antennas up to 12 feet in diameter. Play structures not to exceed 100 square feet in area, temeasured sets�sh und not (2) y swing perimeter of such structure. For the purposes of this chapter, subject to setback/minimum yard requirements. (3) Doghouses, runs, pens, rabbit hutches, cages and other similar truc es for the housing of pets (as defined in section 6-141), but not Such structures shall not include kennels as defined in section 110-4 Detached, private garages and freestanding carports, provide hat th a footprint the (4) area of no such structure shall exceed 50 percent of the footprint principal dwelling. For the purposes of this section, footprint is th physical space, measured on a horizontal plane at m(excluding ground uncovered porche eterracesl accessory structure or principal dwelling and steps). (5) Gazebos and similar structures. (6) Signs, as permitted under article II, division 7 of this chapter. (7) Storage structures, provided that no such structure shall exceed 250 square feet in gross floor area. (8) Swimming pool, bathhouse, tennis, basketball or volleyball court other similar private outdoor recreation uses. 9 Beehives as .ermitted under Chaster 7. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article II, Division 14, Section 110-389 of the Code of the g City of Fairfax, is hereby amended as follows: Section 110-389. —Location requirements for accessory structures. If an accessory-type structure is attached to a principal structure structure y wall or (a) I part of the principal roof construction, it shall be deemed:to be a p licable to a shall comply in all respects with the requirements of this chapter a p principal structure, except as otherwise provided in this division. rted antenna structures for private radio/television f cilities under (b) Ground-supported po Commission regulations re regulated applicable Federal Communications C by section 110-35 (c) Satellite dish antennas shall be ground-mounted and comply with all appli able height, bulk and setback requirements specified within the district regulat ons. All installations shall be located to prevent obstruction of the antenna's rece tion window from existing or potential permitted development on adjoi ing properties. All installations shall include screening located along the ante na's nonreception window axes and low-level ornamental landscaping alon the reception window axes of the antenna's base. Such treatments shall compl tely enclose the antenna. (d) Signs shall be located in accordance with the provisions of article II, division 7 of this chapter. (e) 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. (f) The following regulations shall apply to the location of accessory structures: (1) The height of an accessory structure shall be considered as the v rtical distance from the average elevation of the existing grade at the g ound level of the structure to the level of the highest point of the structure. (2) No accessory structure or use, except a statue, basketball stand d or flagpole, shall be located within any required front yard on any lot, xcept as otherwise provided in this division. (3) An accessory structure which does not exceed eight feet six inc es in height may be located no closer than five feet from any side or rear 1 t line, except as otherwise qualified in this division. Detached, residentia one- story garages or storage structures, with side walls not exceeding eig t feet six inches in height and overall height measured from the grade of the garage floor to the highest roof point not exceeding 12 feet in height, may be located no closer than five feet from any side or rear lot line. Small one- story storage structures not exceeding 80 square feet in area, and not exceeding eight feet six inches in height, and with foundation, if any, not exceeding four inches thick may be located in any part of any rear yard behind the rear wall of the principal dwelling unit. (4) An accessory structure which exceeds eight feet six inches in heig t shall not be located in any part of any minimum required side yard, ex ept as otherwise provided in this division. (5) An accessory structure which exceeds eight feet six inches in heig t shall O y be located no closer than a distance equal to its height to the rear l t line, except as otherwise provided in this division. (6) No accessory structure other than beehives shall be located near r than seven feet from any other accessory or principal structure. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 38, Article III, Section 38-31 of the Code of the City of Fairfax, is hereby amended as follows: Section 38-31. —Definitions. The following definitions shall apply to this article: Bulk waste. Appliances, furniture, bedding material, automobile parts, mech nical equipment, mechanical parts, carpet or similar material. Commercial waste. All materials or substances from any retail, wholesae, or commercial establishment. I Designated enforcement officer. The director of code administration or his des'gnee, any city law enforcement officer, or duly designated sworn special police officer. Dump. To dump, throw, release, spill, leak, discard, place, deposit or dispose of or allow to be dumped, thrown, released, spilled, leaked, discarded, placed, deposi ed or disposed. Hazardous waste. Insecticides, poisons, corrosives, combustibles, caustics, acids, infectious materials, explosives, compressed gases, biological and chemical ma erials, radioactive materials, flammable materials, and petroleum products, or similar material,. 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, corps ration unincorporated association, governmental body, municipal corporation, e cutor, 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 required 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 conditon that may be injurious to the public health or safety; (6) Open excavations, open wells, pits, trees or parts thereof in danger of fading; (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, su stance, 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, r (pairing, remodeling or razing buildings or other structures. Yard waste. All materials derived from trees, shrubbery, leaves, fallen branch s, 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. 7-1. —Definitions I Domestic Beekeeping means the care, manipulation and management of all life-stages 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, ot.t of humans' way. Sec. 7-2. —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 Keeping of up to four beehives on an occupied, residential lot shall be allowed, provided that: a) All honey bee colonies shall be kept in inspectable type hives with removable,combs, which shall be kept in sound and usable condition. b) A constant supply of fresh water shall be provided on the lot, within twenty feet 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. shall be erected parallel to the property line between the hive opening and any property line located ten feet or less therefrom. The flyway barrier shall consist of a wall, solid fence, dense vegetation or a combination thereof extending five feet beyond the hive in each direction. A flyway barrier of dense vegetation shall not be limited to seven feet in height provided that the initial planting is 4 feet in height 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 least 6 feet above ground level. d) The property owner, operator, or tenant that intends to engage in domestic beekeeping shall obtain a permit under Sec. 7-4. Sec. 7-4. - Permit and Fees (a) Any person who wishes to keep bees in the City of Fairfax shall obtain a permit prior to acquiring the honey bees. (b) The applicant for the permit shall provide written permission from the owner of the property if the applicant is not the owner. (c) Upon receipt and approval of a permit application, best practices list, plat showing proposed hive locations and payment of the fee, the Zoning Administrator may issue a non-transferable permit to the applicant. (d) The treasurer shall place all money collected by him for domestic beekeeping permits in the general fund of the City. Sec. 7-5. —Authority to revoke permit (a) The City Manager's designee may revoke the permit and remove the hive(s) if the applicant fails to comply with the best practices as stipulated herein, this or any ordinance of the City Code, or any other applicable Virginia or local law or regulation pertaining to the keeping of bees. (b) The City's designated inspector shall have the right to inspect the hives between 8 a.m. and 5 p.m. Where practicable, prior notice shall be given to the licensed beekeeper. (c) In any instance in which a colony exhibits aggressive or swarming behavior as determined by the City, the beekeeper must ensure that the colony is re-queened or the permit may be revoked by the City Manager. Aggressive behavior is any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. (d) The City Manager's designee may remove any colonies and hives determined to be abandoned. This ordinance shall become effective as provided by law. City Council Public Hearing: June 25, 2013 ADOPTED: June 25, 2013 This ordinance shall become effective as provide d by law. 7ZCZe);; SeitA—t Mayor Date ATTEST: OF City Clerk Votes Councilman DeMarco Absent Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Absent Councilman Stombres Aye'