§ 90.100 PERMIT REQUIRED.
   (a)    No person shall establish or maintain any hive or colony unless the city issues a permit allowing the applicant to establish and maintain a colony on the property he/she owns. Exception: If the principal use of the property is a college, university, post high school, middle school or high school, the application shall require authorization from the property owner or authorized agent. The permit will be valid for one year.
   (b)   Permits are nontransferable and do not run with the land.
   (c)   By signing the permit, the applicant acknowledges that he or she shall defend and indemnify the city against any and all claims arising from his/her hobby beekeeping. If the principal use of the property is a college, university, post high school, middle school or high school, the property owner or authorized agent shall also acknowledge that they shall defend and indemnify the city against any and all claims arising from the hobby beekeeping on the subject property.
   (d)   The fee for the initial permit shall be $50. For each subsequent permit, there shall be a $25 renewal fee.
   (e)   No permit shall be issued unless the applicant has registered his or her apiaries with the state as required by SDCL ch. 38-18, and complies with the applicable provisions of this code and SDCL ch. 38-18.
   (f)   The applicant must show proof of having successfully completed a beekeeping class not more than one year prior to the initial application. The beekeeping class must be from an organization approved by the city.
   (g)   Hobby beekeeping shall only be allowed on property that meets one of the following zoning classifications:
      (1)   A DD or AD1 form in any eligible zoning district.
      (2)   A OPEN2 form in the REC or S-2 Institutional Campus zoning district.
      (3)   A OPEN3 form in the AG zoning district.
      (4)   A BCF1 or BCF3 form in the S-1 General Institutional or S-2 Institutional Campus zoning district whose principal use is a college, university, post high school, middle school, or high school.
      (5)   A property in the S-2 Institutional Campus zoning district with no form established that is located within the boundaries of a school campus.
   (h)   If the property is a DD or AD1 form, the initial application must be accompanied by a written consent of 80% of property owners of all property situated within 100 feet of the applicant's property, and 100% of all property owners abutting the applicant's property. In all other forms, the hive(s) must be located at least 100 feet from any property not owned or controlled by the applicant or authorized agent.
   (i)   Beekeepers are subject to annual inspections conducted by animal control.
(Ord. 106-19, passed 11-5-2019; Ord. 99-22, passed 8-16-2022)