21-2022 - Amend 505.18 Hen Permit

Home Browse Search

G. "Tract" means a contiguous parcel or land under common ownership. H. "Nuc" or "nucleus colony" means a small hive smaller than the usual hive box designed for a particular purpose. I. "Undeveloped property" means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. (2) Zoning districts. Bees may be kept in all zoning districts. (3) Application, permit, and renewal. Before the keeping of bees may occur, an annual permit shall first be obtained from the Director of Public Safety. Applications shall be filed with the Director of Public Safety. The permit application shall be accompanied by a five dollar ($5.00) fee paid to the City. All renewal applications shall be filed with the Director of Public Safety by June 1st along with a five dollar ($5.00) fee paid to the City. Permit applications shall include the following information: A. The name, phone number, home address and email address of the applicant; B. The size and location of the subject property; C. A proposal containing the number of hives the applicant seeks to keep on the property; D. The permission of the property owner for the applicant to keep bees, if the beekeeper is not the owner; E. An attestation that the applicant has attended a beekeeping class; F. The applicant's Ohio Beekeeper number as provided by the Ohio Department of Agriculture; and G. The applicant's Apiary #(s) as provided by the Ohio Department of Agriculture. If the applicant does not have their Ohio Beekeeper number and/or their Apiary #(s) at the time of filing then the Director of Public Safety may grant a permit on the condition that the applicant provides their Ohio Beekeeper number and/or their Apiary #(s) within 30 days of approval of the application. All applications shall contain a waiver, signed by the applicant, providing permission for any City official to enter the property for the purpose of determining the beekeeper's compliance with this section. Permits shall not be transferable. The City shall provide the property owner at least 48 hours written notice prior to entering the property. (4) Inspection. Within 30 days of the Director of Public Safety or his or her designee receiving the initial application, he or she shall cause the lot to be inspected. The person(s) inspecting the premises shall determine if the applicant is in compliance with this code. The person(s) inspecting the premises shall not manipulate any hives during the inspection. (5) Regulations. A. Beekeeper must file the application pursuant to division (f)(3) of this section. B. Beekeeper must abide by R.C. Chapter 909 Apiaries. C. Beekeeper may not opt out of the annual inspection by the county or state bee inspector as part of the Ohio Department of Agriculture's inspection program. D. Each beekeeper shall ensure that a convenient source of water is available to the colony at all times bees remain active outside of the hive. The water source shall be closer to the hives than any neighboring source. The water source may be natural such as a pond, stream, or artificial source. The water source shall be on the beekeeper's property. E. Each beekeeper shall ensure that no wax, comb, or other material that might encourage robbing by other bees are left upon the grounds of the apiary tract. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect -proof container. F. For each beehive permitted to be maintained under this section, there may also be maintained one nuc upon the same apiary tract. G. No more than one beehive shall be kept for each 2,500 square feet tract, and no beehive shall be kept on a tract less than 2,500 square feet in area. If an applicant has a greater number of beehives than permitted by this section and possessed those beehives prior to the enactment of this section, then the Director of Public Safety may grant the application. H. No beehive shall be kept closer than five feet to any lot line and ten feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a front yard or side street yard. The front of any beehive shall face away from the property line of the residential property closest to the beehive. I. Regardless of tract size, so long as all lots within a radius of at least 200 feet from any hive, measured from any point on the hives, remain undeveloped, there shall be no limit to the number of colonies. No grandfathering rights shall accrue under this subsection. J. No hives are permitted on any tract where the setback requirements cannot be satisfied regardless of tract size. K. The beekeeper may be exempt from the setback to adjacent lot lines by obtaining written permission from all the adjacent lot owner(s). The setback to public sidewalks and roadways may not be waived. L. Each beekeeper shall maintain her beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be a defense to this section that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. (6) Permit revocation. The Director of Public Safety may revoke a permit at any time if the holder materially fails to adhere to the provisions of division (f) of this section.