(A) Purpose. The purpose of this section is to encourage persons who keep bees to properly maintain hives, comply with state regulatory requirements and be considerate of neighbors.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APIARY. An area where bees, comb, hives or colonies are kept, located or found.
APIARY DENSITY. The density of an apiary which is determined by the colony’s foraging range and the coverage area it encompasses (it is the amount of foraging that determines the success of the colony, not the size of the lot on which the apiary is located).
APIARY INSPECTOR. The person designated by the State Department of Agriculture to inspect all bees and hives within the state.
BEES. Eggs, larvae, developing bees and adult bees.
BEEKEEPER. A person who keeps and raises bees and harvests honey.
CERTIFICATE OF INSPECTION. A document from State Department of Agriculture Apiary Inspector certifying the health of the bees and approval of any equipment to keep bees.
FORAGING. A normal honeybee behavior which consists of bees actively flying to collect nectar, pollen, water, or propolis (a compound created by the bees to use as a coating to build their hives).
FORAGING BEHAVIOR FOR HONEYBEES. An average forage area is between a 2.5 to five mile radius from their hive.
FRONT YARD.
(a) The area extending across the full length of a lot from side lot line to side lot line and lying between the abutting street right-of- way or easement line and the building line; or
(b) In the case of a lot abutting more than one street, the FRONT YARD shall include all areas extending across the full length of a lot from
property line to property line and lying between the abutting street right-of-way or easement and building line.
HEALTH CERTIFICATE. The periodic health inspection conducted by the State Department of Agriculture.
HIVES. The wooden frame boxes used to house bees.
PERMIT. A one-time permit fee of $50 for the keeping of more than five hives.
(C) Urban beekeeping requirements.
(1) No more than five hives may be permitted/allowed on any parcel unless the parcel is larger than two acres in size. No more than 100 hives may be placed on any single parcel regardless of size.
(2) The area wherein the hive(s) are located shall be screened from view by either an opaque (“non see-through”) fence of at least four feet in height, and/or an equivalent screening of vegetation. If a vegetative screen is used, such vegetation shall be installed at a minimal height of four feet upon planting. In no case shall a hive be visible from a public street or sidewalk.
(3) No hive shall be located in the front yard (between the front of the house and the street). All hives shall be located a minimum of ten feet from side and rear yard property lines. In the event a side or rear yard abuts vacant and undeveloped property, the setback may be reduced to five feet, as long as there is written consent expressly given from the adjacent property owner. Should any complaint arise from the adjacent property owner who originally gave written consent, the setback will revert to the ten foot minimum setback requirement.
(4) All beekeeping equipment and hives must be maintained in good condition.
(5) All hives shall be placed at ground level or securely attached to an anchor or stand. If the hive is securely attached to an anchor or stand, the town may permit the anchor or stand to be permanently attached to a roof surface.
(6) A clean water source must be provided on the same property the hive is located.
(7) When placed less than 20 feet from the property line, all hives must be surrounded by a fence six feet in height equipped with screen or netting designed as a flyover barrier.
(D) Permitting and inspection requirements for urban beekeeping.
(1) It shall be unlawful for any person within the town limits of Dallas to keep bees (more than five hives) without first obtaining a permit from the town.
(2) Permit. A one-time permit fee of $50 for the keeping of more than five hives on a single property. Any existing permitted hive within the town limits shall be subject only to the regulations set forth at the time the permit was granted, and not to any regulation adopted after the date the permit was issued, unless otherwise stated in this section.
(E) Sale of honey and beeswax-related products on site. The sale of honey and related products on site shall be considered to be in the same category and definition as “sales of agricultural products grown on-site” and shall follow the following regulations:
(1) Sales may occur on any lot upon which hives are kept, regardless of the underlying zoning district.
(2) Such sales shall be allowed during daylight hours only.
(3) Sales at one site are allowed a maximum of 180 consecutive days during any calendar year.
(4) One yard sign shall be allowed, up to a maximum size of 24 inches by 24 inches. Sign needs to be placed on private property, outside of the right-of-way.
(Prior Code, § K-III-2) (Ord. passed 7-9-2013; Am. Ord. passed 9-27-2016; Am. Ord. passed 1-10-2017; Am. Ord. passed 8-9-2022) Penalty, see §
90.99