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F. The applicant's Ohio Beekeeper number as provided by the Ohio Department of <br />Agriculture; and <br />G. The applicant's Apiary #(s) as provided by the Ohio Department of Agriculture. <br />If the applicant does not have their Ohio Beekeeper number and/or their Apiary #(s) at the <br />time of filing then the Director of Public Safety may grant a permit on the condition that the <br />applicant provides their Ohio Beekeeper number and/or their Apiary #(s) within 30 days of <br />approval of the application. <br />All applications shall contain a waiver, signed by the applicant, providing permission for any <br />City official to enter the property for the purpose of determining the beekeeper's compliance with <br />this section. Permits shall not be transferable. The City shall provide the property owner at least 48 <br />hours written notice prior to entering the property. <br />(4) Inspection. Within 30 days of the Director of Public Safety or his or her designee <br />receiving the initial application, he or she shall cause the lot to be inspected. The person(s) <br />inspecting the premises shall determine if the applicant is in compliance with this code. The <br />person(s) inspecting the premises shall not manipulate any hives during the inspection. <br />(5) Regulations. <br />A. Beekeeper must file the application pursuant to division (f)(3) of this section. <br />B. Beekeeper must abide by R.C. Chapter 909 Apiaries. <br />C. Beekeeper may not opt out of the annual inspection by the county or state bee inspector <br />as part of the Ohio Department of Agriculture's inspection program. <br />D. Each beekeeper shall ensure that a convenient source of water is available to the colony <br />at all times bees remain active outside of the hive. The water source shall be closer to the hives <br />than any neighboring source. The water source may be natural such as a pond, stream, or artificial <br />source. The water source shall be on the beekeeper's property. <br />E. Each beekeeper shall ensure that no wax, comb, or other material that might encourage <br />robbing by other bees are left upon the grounds of the apiary tract. Such materials once removed <br />from the site shall be handled and stored in sealed containers or placed within a building or other <br />insect -proof container. <br />F. For each beehive permitted to be maintained under this section, there may also be <br />maintained one nuc upon the same apiary tract. <br />G. No more than one beehive shall be kept for each 2,500 square feet tract, and no beehive <br />shall be kept on a tract less than 2,500 square feet in area. If an applicant has a greater number of <br />beehives than permitted by this section and possessed those beehives prior to the enactment of this <br />section, then the Director of Public Safety may grant the application. <br />H. No beehive shall be kept closer than five feet to any lot line and ten feet to a dwelling or <br />the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a front <br />yard or side street yard. The front of any beehive shall face away from the property line of the <br />residential property closest to the beehive. <br />I. Regardless of tract size, so long as all lots within a radius of at least 200 feet from any <br />hive, measured from any point on the hives, remain undeveloped, there shall be no limit to the <br />number of colonies. No grandfathering rights shall accrue under this subsection. <br />J. No hives are permitted on any tract where the setback requirements cannot be satisfied <br />regardless of tract size. <br />K. The beekeeper may be exempt from the setback to adjacent lot lines by obtaining written <br />permission from all the adjacent lot owner(s). The setback to public sidewalks and roadways may <br />not be waived. <br />L. Each beekeeper shall maintain her beekeeping equipment in good condition, including <br />keeping the hives painted if they have been painted but are peeling or flaking, and securing unused <br />equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be a <br />defense to this section 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 the <br />holder materially fails to adhere to the provisions of division (f) of this section. <br />(7) Appeal. Any denial of a permit application or permit revocation may be appealed to the <br />Board of Building Standards pursuant to Section 1173.05 of this Code of Ordinances. <br />(g) No exemption granted pursuant to this section shall be construed, nor is it intended by the <br />City as a guaranty or warranty of any kind, whether express or implied to any person, including <br />without limitation the general public, persons residing or passing near the applicant's premises, or <br />the applicant, either in general or individually, as to the danger, or lack thereof, or degree of risk to <br />health or safety of any animal, specifically or generally, or any premises where any animal is <br />maintained or kept pursuant to such exemption. <br />(h) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A <br />separate offense shall be as deemed committed for each day during or on which a violation occurs <br />or continues. <br />Section 3. That all existing permits to keep hens are hereby extended through July 31, <br />2024. <br />Section 4. That all new permits issued after the effective date of this Ordinance shall <br />expire on July 31, 2024 and every three years thereafter. <br />