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possessed those beehives prior to the enactment of this section, then the <br />Director of Public Safety may grant the application. <br />H. No beehive shall be kept closer than five feet to any lot line and 10 feet to a <br />dwelling or the permitted placement of a dwelling on another parcel, and no <br />beehive shall be kept in a front yard or side street yard. The front of any <br />beehive shall face away from the property line of the residential property <br />closest to the beehive. <br />I. Regardless of tract size, so long as all lots within a radius of at least 200 feet <br />from any hive, measured from any point on the hives, remain undeveloped, <br />there shall be no limit to the number of colonies. No grandfathering rights <br />shall accrue under this subsection. <br />J. No hives are permitted on any tract where the setback requirements cannot be <br />satisfied regardless of tract size. <br />K. The beekeeper may be exempt from the setback to adjacent lot lines by <br />obtaining written permission from all the adjacent lot owner(s). The setback to <br />public sidewalks and roadways may not be waived. <br />L. Each beekeeper shall maintain her beekeeping equipment in good condition, <br />including keeping the hives painted if they have been painted but are peeling <br />or flaking, and securing unused equipment from weather, potential theft or <br />vandalism, and occupancy by swarms. It shall not be a defense to this <br />ordinance that a beekeeper's unused equipment attracted a swarm and that the <br />beekeeper is not intentionally keeping bees. <br />(6) Permit Revocation. The Director of Public Safety may revoke a permit at any time if <br />the holder materially fails to adhere to the provisions of subsection (f). <br />(7) Appeal. Any denial of a permit application or permit revocation may be appealed to <br />the Board of Building Standards pursuant to ORD. 1173.05. <br />Section 3. It is found and determined that all formal actions of this Council concerning <br />and relating to the passage of this ordinance were adopted in an open meeting of this Council, <br />and that all such deliberations of this Council and of any of its committees that resulted in such <br />formal action, were in meetings open to the public in compliance with all legal requirements. <br />Section 4. This ordinance is hereby declared to be an emergency measure necessary for <br />the immediate preservation of the public peace, property, health, safety and welfare in the City <br />and for the usual daily operation of the City for the reasons set forth and defined in the preamble <br />to this ordinance, and provided it receives the affirmative vote of at least five members of <br />Council, this ordinance shall take effect and be in force immediately upon its adoption by the <br />Council and approval by the Mayor, or otherwise it shall take effect and be in force after the <br />earliest period allowed by law. <br />