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165.28   URBAN AGRICULTURE.
   1.   General Statement of Purpose. Statement of Purpose. The purpose of this section is to establish zoning regulations for the operation of urban agriculture activities and to provide standards for the sitting, design, maintenance and modification of urban agriculture activities that address public safety, and minimize impacts on residents and historic resources in the City of Hiawatha.
   2.   Keeping of Honey Bees.
      A.   Use of Regulations.
         (1)   Keeping of honey bees shall be allowed as a conditional use in all zoning districts, the Board of Appeal shall not grant a conditional use permit for keeping of honey bees unless the conditions of the section are met.
      B.   Maximum Number of Hives.
         (1)   The maximum number of hives on any given lot or roof for personal consumption of honey bee products shall be two (2).
      C.   Maximum Height and Size.
         (1)   No hive shall exceed five (5) feet in height and twenty (20) cubic feet in size on any lot.
      D.   Beekeeping Requirements.
         (1)   Setbacks.
            a.   Where there is a wall, fence or similar barrier between the subject property and adjacent property, no setback from the property line is required. Where there is no wall, fence or similar barrier between subject property and adjacent property, hives shall be set back five (5) feet from the property line.
            b.   Hives shall not be located in the front yard or in a side yard that abuts a street in all residential and commercial districts.
            c.   No hive shall be located closer than ten (10) feet from a public sidewalk.
      E.   Hive Placement and Flyways.
         (1)   For any ground level hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting lot, either of the following conditions must exist:
            a.   The hive opening must face away from doors and/or windows; or
            b.   A flyway of at least six (6) feet in height comprising of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the hive such that the honey bees fly upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the hive and shall extend at least two (2) feet in width on either side of the hive opening.
   3.   Urban Chickens and Ducks.
      A.   Housing chickens and ducks shall be allowed in all zoning districts and planned unit developments which allow single family dwellings.
      B.   Housing chickens and ducks shall require a permit and shall be regulated in accordance with ordinance Chapter 55A.
(Section 165.28 – Ord. 1001 – Jan. 24 Supp.)