The supplementary regulations given herein apply to all districts. Where the requirements of a supplementary regulation and a district standard may seem to differ, the more restrictive requirement shall prevail.
1. Application of Regulations and District Standards. The regulations and standards set by this chapter shall be deemed minimum requirements and shall apply uniformly to all uses, land and buildings within each zoning district.
2. Conformance.
A. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
B. No building or other structure shall hereafter be erected or altered:
1 To exceed the height;
2 To accommodate or house a greater number of families;
3 To occupy a greater percentage of lot area; or
4 To have narrower or smaller rear yards, front yards, side yards, or other open spaces
than herein required; or in any other manner contrary to the provisions of this chapter. (Exception: If a greater or less than a 30-foot front yard has been established on any block, then no single-family dwelling shall be nearer the front property line than a general average of the setback distance in such block, as determined by the City Building Official.)
C. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
D. No yard or lot existing before February 3, 1969, shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after February 3, 1969, shall meet at least the minimum requirements established by this chapter. (Exception: Any lot existing before February 3, 1969, that is narrower than the minimum requirements or has an area below the minimum requirements may be built on providing all other requirements are met.)
3. Street Frontage Required. No lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least 40 feet on at least one street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least 20 feet wide to a street; and there shall be not more than one single-family dwelling for such frontage or easement.
4. Accessory Structures. No accessory structure shall be erected in any required court, or in a front yard except as provided hereinafter. Accessory structures shall be a distance of at least 2 feet to roof overhang, from alley lot lines, and from lot lines of adjoining lots which are in an “R” district. On a corner lot they shall conform to the setback regulations of a main building from the side street. Accessory structures may be erected as a part of the principal buildings, or may be connected thereto by a breezeway or similar structure; provided all yard requirements for a principal building are complied with. An accessory structure which is not a part of the main building shall not exceed 16 feet in height; however, this regulation shall not be interpreted to prohibit the construction of a 440-square-foot garage on a minimum rear yard. It is the intent of this chapter that no accessory structure shall be constructed upon a lot until the main building has been actually commenced and no accessory structure should be used unless the main building on the lot is also being used or occupied, in the case of a residential structure, except in cases where the vacant lot is adjacent to and abuts the lot where the main building exists. An accessory structure shall not exceed 15 percent of the gross lot area. Unattached earth satellite dishes, unattached solar panels, and WECS shall be considered accessory structures.
5. Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Commission and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.
6. Visibility at Intersections/Sight Triangles. On a comer lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ and 10 feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of intersection of the right-of-way lines.
7. Fences, Walls and Hedges. Fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the side or front edge of any front yard shall be over 4 feet in height. Fences can be constructed at the property line and fences on corner lots shall be compliant with sight triangle restrictions as stated in subsection 4 of this section. The City must approve any fence prior to construction. All property lines shall be located and verified before fence approval will be given. The finished side of the fence must face adjoining property. The side opposite the posts and/or braces shall be deemed the finished side. Maintenance of the fence is the responsibility of the owner. Maximum fence height is determined by the fence location in the yard. The required front, side and rear yard requirements are measured from the point at which the City right-of-way ends and the property begins. If a dwelling is closer to the street than the required front yard distance, a fence must meet the required front yard requirements for that zoning district.
A. Front Yard: Fences in the required front yard are limited to 4 feet in height, with the required front yard area determined by zoning district.
B. Side Yard: Fences in the side yard shall not be more than 6 feet in height.
C. Rear Yard: Fences in the rear yard shall not be more than 10 feet in height.
8. Nonconforming Uses.
A. The lawful use existing at the time of the passage and adoption of this zoning ordinance, of building or property, may be continued although such use does not conform with the provisions hereof.
1 No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land.
2 No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel.
3 No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district.
4 If any such nonconforming use of land ceases for any reason for a period of one year, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.
B. Whenever, a district herein established shall hereafter be changed, any resulting nonconforming use of buildings in such changed district may be continued as though the change had not occurred, with the restrictions listed in (1) through (4) of paragraph A.
C. If any existing nonconforming use of a structure or land should be destroyed by any means to an extent of 60 percent or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. If the structure destroyed is less than 60 percent, it may be reconstructed and used as before, provided such reconstruction is done within one year of such happening and is built of like or similar materials.
D. Any new construction in areas designated as R-1, R-2, R-3, shall be not less than minimums previously established or platted in these areas, except no new dwellings to be constructed on back half of interior lots. It is mandatory, when obtaining building permits, to ascertain that the minimums as defined are not less than the established minimums in the area.
9. Standards for Individual Mobile Homes.
A. Mobile homes set for occupancy, must be placed in an approved mobile home park.
B. At any time an occupied mobile home now set on a private lot is moved from such lot, the lot will be declared vacant and setting of another or same mobile home for occupancy on the lot is prohibited.
10. Standards for Extraction of Natural Resources for Commercial Purposes.
A. The Council may permit the excavation of top soil, clay, sand, gravel or other natural material for commercial purposes provided that such excavation, or any operation necessary thereto, will not be detrimental to the appropriate and orderly development of any district in which it is situated or impair the value thereof, and subject to the excavation standards in this section.
B. All excavations and any other operations accessory thereto shall be made only in accordance with approved plans. These plans shall show the location of the site and its relation to neighboring properties and roads within 500 feet of the site, area to be excavated, existing slopes, proposed slopes after excavation, proposed level of any impounded water, plans for erosion control and location of access drives into the site.
C. No excavation shall be closer than 50 feet to any street line or other property line, and no excavation below the grade of a street or property line shall be closer than 100 feet thereof. No excavation shall be closer than 300 feet to the boundary line of any residential zoning district.
D. The final slope of any excavated material shall not exceed the normal limiting angle of repose of such material, except where a suitable retaining wall, as shown on approved plans, is built to provide lateral support.
E. If required by the Council, the applicant shall enclose within a fence all operations in connections with such excavation or any part of such operations, such fence to be of such type and height as the Council may specify.
F. If required by the Council, the applicant, either at the conclusion of the excavating or by such stages during the progress thereof as may be required, shall restore the excavated areas to such grades as the Council may specify, cover such restored portions with topsoil of a sufficient depth to support normal vegetation, and seed or otherwise plant the same in such manner as the Council may specify.
G. No excavation operations shall take place between the hours of 8:00 p.m. and 6:00 a.m., or at any time on Sunday.
11. Social, Cultural and Recreational Non-Profit Uses.
A. The use shall be a non-profit, membership association founded for one or more of the purposes enumerated below, and shall be operated solely for a recreational, social, patriotic, benevolent, religious, educational or athletic purpose. The non-profit use shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances of a recognized charity, nor for meetings of other organizations, nor for educational and cultural purposes. Privileges of the non-profit use shall be limited to bona fide, regularly enrolled dues-paying members and guests accompanying them.
B. At least one off-street parking space shall be provided for every member, except that in the case of membership issued to families, there shall be at least one off-street parking space for each family, with the further exception that clubs with a capacity which can be measured in number of seats shall provide one off-street parking space for every five such seats. The Council may reduce these parking requirements where the maximum anticipated number of cars at a club, because of its particular type, location, hours of operation, club facilities, or other reason, but not less than one space for each three memberships. Parking areas shall be located at least 15 feet from all property lines. The Council may require suitable landscaping around parking areas which shall be permanently improved. Access drives from existing streets and highways shall be located so as to avoid unsafe conditions and traffic congestion.
C. A non-profit use, organized for purposes which are conducted within a building, shall be located on a site at least one acre in area. All buildings shall be set back at least 50 feet from all property lines and shall not cover more than 20 percent of the site.
D. A non-profit use, organized for purposes which are conducted outdoors, shall be located on a site at least two acres in area. All buildings and all structures such as swimming pools, shall be set back at least 100 feet from all property lines, and shall not cover more than ten percent of the site. Outdoor public address systems and floodlights may be approved after review of use and location by the Commission.
12. Apartment, Town House and Other Multi-Family Homes.
A. Any proposed street, whether to be offered for public dedication or not, or whether to be part of a proposed subdivision or not, shall be laid out and improved in accordance with the provisions of Chapter 177 of this Code of Ordinances.
B. All driveways and off-street parking areas shall be suitably graded and improved with paving to provide a well-drained parking surface. Suitable markings or signs shall be provided to indicate parking spaces, aisles, entrances and exits.
C. All buildings shall be served by a water supply and a sanitary sewer system satisfactory to and approved by the Council.
All development shall be in accordance with a site plan as approved by the Council, after review and recommendation by the Commission. The approved plan, and any conditions or modifications attached thereto, shall be filed with the Building Inspector.
13. Wind Energy Conservation Systems (WECS).
A. The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a special use permit approval if the Planning and Zoning Commission finds that the reduction is consistent with public health, safety, and welfare.
B. The distance between the tower support bases of any two WECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a special use permit approval if the Planning and Zoning Commission finds that the reduction does not impede the operation of either WECS.
C. The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.
D. A fence six feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than twelve feet above ground.
E. The WECS is exempt from the height restrictions of the base district.
14. Site Plan Review Fee. A fee shall be paid at the time a site plan is submitted for review. The fee per review shall be per the Schedule of Fees. If more than one review is needed so that the changes requested can be verified, a separate fee shall be paid for each review prior to the review.
15. Adult Use Restrictions. The following restrictions are applied to adult use establishments as defined herein:
A. Definitions. The following terms shall have the following meanings as used in this subsection:
(1) Adult Arcade -- Any commercial establishment to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically-controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing specified sexual activities or specified anatomical areas.
(2) Adult Bookstore or Adult Video Store -- A commercial establishment which, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
a. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store" so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
(3) Adult Cabaret -- A nightclub, bar, restaurant or similar commercial establishment which regularly features:
a. Persons who appear in a state of nudity;
b. Live performances characterized by the exposure of specified anatomical areas or by specified sexual activities; or
c. Films, motion pictures, videocassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(4) Adult Motel -- A hotel, motel or similar commercial establishment which:
a. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
b. Offers a sleeping room for rent for a period of time less than ten (10) hours; or
c. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time less than ten (10) hours.
(5) Adult Motion-Picture Theater -- A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(6) Adult Theater -- A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(7) Escort -- A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) Escort Agency -- A person or business association that furnishes, offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration.
(9) Establishment -- Includes any of the following:
a. The opening or commencement of any sexually-oriented business as a new business.
b. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business.
c. The addition of any sexually-oriented business to any other existing sexually-oriented business.
d. The relocation of any sexually-oriented business.
(10) Nude Model Studio -- Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
(11) Nudity or State Of Nudity -- The appearance of human bare buttocks, anus, male genitals, female genitals or full female breast.
(12) Person -- An individual, proprietorship, partnership, corporation, association or other legal entity.
(13) Seminude -- A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(14) Sexual Encounter Center -- A business or commercial enterprise that, as one (1) of its primary business purposes, offers for any form of consideration:
a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b. Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nudity.
(15) Sexually-Oriented Business -- An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
(16) Specified Anatomical Areas -- The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
(17) Specified Sexual Activities -- Includes any of the following:
a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
c. Masturbation, actual or simulated.
d. Excretory functions as part of or in connection with any of the activities set forth in subsections a through c above.
(18) Substantial Enlargement of a Sexually-Oriented Business -- The increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exists on date of enactment.
(19) Transfer of Ownership or Control of a Sexually-Oriented Business -- Includes any of the following:
a. The sale, lease or sublease of the business.
b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
c. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
B. Uses Permitted.
(1) The following uses, as hereinbefore defined, shall be designated adult uses:
a. Adult arcades.
b. Adult bookstores or adult video stores.
c. Adult cabarets.
d. Adult motels.
e. Adult motion-picture theaters.
f. Adult theaters.
g. Escort agencies.
h. Nude model studios.
i. Sexual encounter centers.
j. Any use which is interpreted by the Building Official to be a use similar to one of the above-named uses and in conformance with the intent of this district.
(2) Adult uses shall be a permitted in any M-3(Light Industrial District) or M-4(General Industrial District) provided that:
a. An adult use may not be operated within two thousand (2,000) feet of:
(i) A church, synagogue or regular place of worship.
(ii) A public or private elementary or secondary school or child-care facility.
(iii) A boundary of any residential district.
(iv) A boundary of any property used for or planned for residential use.
(v) A public park adjacent to any residential district.
b. An adult use shall be setback a minimum of 200-feet from any road right-of-way.
c. An adult use may not be operated within one thousand (1,000) feet of another adult use, or on the same lot or parcel of land.
d. An adult use may not be operated in the same building, structure or portion thereof containing another adult use.
e. For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school or to the nearest boundary of an affected public park, residential district or residential use lot.
f. For purposes of this subsection, the distance between any two (2) adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by these provisions shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
C. Inspection Requirements:
(1) A person may operate an adult use business only within the specified districts with a Conditional Use Permit issued by the City of Boone, in accordance with the provisions of this chapter of the City of Boone’s Zoning Ordinance.
(2) Prior to the commencement of any adult use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations of the Police Department, Fire Department, and Building Official.
(3) The Building Official shall suspend the right to conduct such adult use for a period not to exceed thirty (30) days if the officer or official determines that the owner and/or operator or an employee of the owner and/or operator has:
a. Violated or is not in compliance with any provision of this subsection.
b. Engaged in excessive use of alcoholic beverages while on the adult use business premises.
c. Refused to allow an inspection of the adult use business premises as authorized by this subsection.
d. Knowingly permitted gambling by any person on the adult use business premises.
e. Knowingly allowed possession, use or sale of controlled substances on the premises.
f. Knowingly allowed prostitution on the premises.
g. Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises.
(4) An applicant or permittee shall permit representatives of the Boone Police Department, Fire Department, and Building Official to inspect the premises of an adult use business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
(5) Prior to any suspension, the Building Official shall provide the owner and/or operator a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present its response to this notice to the Building Official within ten (10) days of receipt of said notice. The response may be made in person, orally, or in writing. The Building Official may not suspend the right to conduct such adult use until fifteen (15) days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.
D. Enforcement:
(1) A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution, or in the alternative, violation of this law may be enforced by injunction.
(2) The continuation of a violation of the provisions of this subsection shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
(3) Each violation of the provisions of this subsection is subject to enforcement in accordance with the Boone Municipal Code.
(4) If any part or provision of this subsection or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the subsection as a whole or any part thereof, other than the part so decided to be invalid.
E. Appeal Process:
(1) Any party who disagrees with the decision of the Building Official, Plan and Zoning Commission, or City Council on any matter relating to this subsection of the zoning ordinance may appeal their case to the Iowa District Court either by way of a Writ of Certiorari or a petition at law or equity.
(2) The filing of an appeal shall stay any action of either party until the Court has ruled on the appeal or until a final judgment is entered.
(Ord. 2145 – Sep. 09 Supp.)
16. Utility Easement Requirements. All developers and subdividers must provide utility easements for telephone, electric and cable television service lines so that complete, continual and unrestricted access may be gained to all areas of said easement. There shall also be a provision for an easement to the front of at least two lots per block to permit overhead lines for street lighting, where the utility easement exists to the rear of each lot. In developments and subdivisions where underground electric, phone and cable television lines are required, and the utility easement is to the rear of each lot, there shall be provided a minimum 10-foot easement at two locations per block from the rear utility easement to the front public right-of-way for the purpose of burying electric cable for street lighting. All underground burying and wiring to street lights shall be at the developer’s or subdivider’s expense. In developments and subdivisions where underground electric, telephone and cable television lines are installed in front yard easements, all burying and wiring to the street lights shall also be at the developer’s or subdivider’s expense. The actual wiring of the street lights shall be at the City’s expense. If special lighting is requested, all expenses of the special lighting shall be at the expense of the developer or subdivider or residents if requested after development or subdividing has been completed.
17. Street Lighting Requirements. A developer of any subdivision shall submit their street light plans to the local utility provider and the City for review and approval prior to final approval of the subdivision. The developer must have the entire street light system designed and installed by the local utility provider or street light maintenance company. All costs associated with the design, development and installation of the street light plan shall be paid by the developer. Street lighting installed according to this section will be maintained by the City.
18. Structures on Public Right-of-Way. All structures, including decorative posts and pillars, to be constructed on public right-of-way must be approved prior to their construction. The party requesting permission to construct the structure must make application to the Building Official and submit a complete plan to scale of the structure indicating the exact location for the structure in relationship to the curb line, sidewalk and any driveways or entrances to adjoining property. The Building Official will provide the necessary specifications for the structure. The party wishing to construct the structure must contact “One-Call” before any construction is commenced and have all utilities located. This shall include any water or sewer lines. If the structure is to house a mailbox, it must also meet the U.S. Postal Standards for mailboxes, including the correct height. In the event the structure has to be removed to service, repair, construct or reconstruct any public utility or adjoining street, the owner shall be responsible for all costs associated with removing the structure and reconstructing it. In the event the structure houses a mailbox and is damaged or destroyed by any equipment of the City, the City will be responsible for replacing only a mailbox and a post, not the structure as constructed. If the structure does not house a mailbox, the City is relieved from any responsibility for any damage or destruction of the structure by any City equipment. The Building Official shall have complete discretion as to the type, size, material and location of the structure.
(Ord. 2159 – May 10 Supp.)
19. Honey Bees Permitted. In all zoning districts of the City of Boone honey bees shall be permitted under the following regulations which shall apply to beekeeping operations:
A. Beekeeping shall only be allowed on property owned or leased by the beekeeper or on property owned by a third party for which the beekeeper has written authorization from the property owner allowing for the keeping of bees.
B. Honeybee colonies shall be kept in hives with removable frames, with said hives kept in sound and usable condition.
C. A maximum of two (2) hives shall be permitted for each .25 acre of property up to a maximum of ten (10) hives which would apply to lots 1.25 acres or larger. However, the number of hives shall be flexible during swarm season which would allow beekeepers to manage their growing hives, collect swarms, etc. The swarm season runs from March to June but may be extended if June is rainy. Caught swarms may only be kept on the property for a maximum of thirty (30) days.
D. Hives shall not be permitted in the front or side yard.
E. A source of water shall be readily available to the bees within the property that the beehives are allocated at all times during the time of year in which the bees are active.
F. When a hive is situated within twenty-five feet (25’) of a property line, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier parallel to the property lines(s) which is a minimum of six feet (6’) in height consisting of a solid wall of a building, fence, dense vegetation or combination thereof. Said flyway barrier shall extend a minimum of twelve feet (12’) beyond the hive in all directions so that all bees are forced to fly at an elevation of at least six feet (6’) above ground level over the property line(s) in vicinity of the apiary. Dense vegetation used as a flyway barrier may exceed a height of six feet (6’); however, said vegetation shall be a minimum of six feet (6’) in height at the time that beehives are located on the property. A building permit shall be obtained prior to construction of any building or fence.
G. As recommended by the State of Iowa Apiarist, the beekeeper shall incorporate best management practices in the beekeeping operation at all times, including practicing property management and manipulation of colonies to remedy swarming and/or aggressive colonies.
H. In the event that a beekeeping operation is determined to be in violation of this section with regard to the above regulations, the beekeeper and/or property owner shall be given written notice of the violation and be allowed fourteen (14) days from the date of the notice to correct the violation. If the property is not brought into compliance within fourteen (14) days, the hives shall be immediately removed from the property by the City of Boone or its designee.
I. Beekeepers are encouraged to register their hives with the State of Iowa Apiarist which allows for the protection of the bees and the neighboring bees from pests that are exclusive to honey bees such as varroa mite and hive beetles. It also allows for notification to the company who applies insecticides to a community, such as mosquito control.
J. No Africanized bees shall be allowed.
(Subsection 18 - Ord. 2260 - Dec. 20 Supp.)