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(5) Setbacks. Coops or accessory structures housing hens shall be kept at least three feet from <br />the side and rear property lines. All such structures shall be located no less than 20 feet behind the <br />rearmost wall of the principal structure on the lot. <br />(6) Enclosure. The base surface of a coop and run must not exceed 80 square feet and six feet <br />in height and shall be exempt from the lot coverage restrictions contained in the Zoning Code. <br />Hens shall not be allowed out of these enclosures unless the rear yard of the property is fenced <br />along the rear and side lot lines, and a resident of the property on which the hens are kept is <br />directly monitoring them within the fenced area of the back yard such that the resident is able to <br />immediately return the hens to the cage or coop if necessary. The manufacturer's specifications for <br />the coop, or otherwise adequate drawings including dimensions, shall be submitted for approval <br />together with the application for the permit. Hens shall be kept in a covered, predator -proof coop <br />that is well -ventilated and designed to be accessed for cleaning. The enclosure shall be of uniform <br />and sturdy design and constructed of quality materials. Fencing, if used, shall be securely fastened <br />to posts of reasonable strength firmly set into the ground and shall be stretched tightly between <br />support posts. The enclosure shall be maintained in good repair at all times so as to protect the <br />aesthetics of the neighborhood and to not present a blighted or untidy appearance to the property <br />or to neighbors. Hens shall have access to an outdoor enclosure or run that is adequately fenced to <br />contain the hens on the property, to prevent them from running at large, and to prevent access by <br />predators. The combined area of the coop and run shall allow at least three square feet per hen, and <br />shall otherwise be constructed to provide humane conditions and to ensure the health and well- <br />being of the animals occupying it are not endangered by the manner of keeping or confinement. <br />(7) Sanitation, Slaughtering. The coop and outdoor enclosure must be kept clean, dry and <br />sanitary; free from debris and offensive odors; and devoid of rodents and vermin. It shall be so <br />located that adequate drainage is obtained, normal drying occurs and standing water is not <br />present. The coop and outdoor enclosure must be cleaned on a regular basis to prevent the <br />accumulation of waste. All feed must be stored in a rodent - proof container. No hens shall be <br />slaughtered except in accordance with, and only if permitted by, Chapter 918 of the Ohio Revised <br />Code. <br />(8) Number and Transferability. Within the first year of the effective date of this section, no <br />more than 24 non - transferable permits shall be issued pursuant to this subsection (e). At the first <br />anniversary of the effective date of this section and at each anniversary thereafter, an additional 13 <br />non - transferable permits may be issued pursuant to this subsection (e), except that at no time <br />shall the total number of permits issued in the City exceed 50. Initial applications shall be kept on <br />file by the Director of Public Safety and considered in order of their receipt. <br />(9) Permit Revocation. The Director of Public Safety may revoke a permit at any time if the <br />permit holder materially fails to adhere to the provisions of this subsection (e). <br />(10) Appeal. Any denial of a permit application or revocation of a permit may be appealed to <br />the Board of Building Standards pursuant to Section 1173.05. <br />(f) Notwithstanding any of the foregoing, bees, and associated hives, may be kept in the City <br />only in accordance with the following regulations: <br />(1) Definitions. As used in this article, the following words and terms shall have the <br />meanings ascribed in this section unless the context of their usage indicates another usage. <br />A. "Apiary" means any place where one or more colonies or nucleus colony of bees are <br />kept. <br />B. "Bees" means any stage of any species of the genus Apis. <br />C. "Beekeeper" means a person who owns or has charge of one or more colonies of bees. <br />D. "Beehive" means any modern frame hive, box hive, box, or any other natural or artificial <br />receptacle, or any part thereof, that may be used as a domicile for bees. <br />E. "Colony" means the beehive and its equipment, including bees, combs and brood. <br />F. "Beekeeping equipment" means anything used, in the operation of an apiary, such as hive <br />bodies supers, frames, top and bottom boards, hive tools, smoker, gloves, veil, protective clothing, <br />and extracting equipment. <br />G. "Tract" means a contiguous parcel or land under common ownership. <br />H. "Nuc'.' or "nucleus colony" means a small hive smaller than the usual hive box designed <br />for a particular purpose. <br />I. "Undeveloped property" means any idle land that is not improved or actually in the <br />process of being improved with residential, commercial, industrial, church, park, school or <br />governmental facilities or other structures or improvements intended for human use occupancy <br />and the grounds maintained in association therewith. The term shall be deemed to include property <br />developed exclusively as a street or highway or property used for commercial agricultural <br />purposes. <br />(2) Zoning districts. Bees may be kept in all zoning districts. <br />(3) Application, permit, and renewal. Before the keeping of bees may occur, an annual permit <br />shall first be obtained from the Director of Public Safety. Applications shall be filed with the <br />Director of Public Safety. The permit application shall be accompanied by a five dollar ($5.00) fee <br />paid to the City. All renewal applications shall be filed with the Director of Public Safety by June <br />1 st along with a five dollar ($5.00) fee paid to the City. Permit applications shall include the <br />following information: <br />A. The name, phone number, home address and email address of the applicant; <br />B. The size and location of the subject property; <br />C. A proposal containing the number of hives the applicant seeks to keep on the property; <br />D. The permission of the property owner for the applicant to keep bees, if the beekeeper is <br />not the owner; <br />E. An attestation that the applicant has attended a beekeeping class; <br />