(A) Any person desiring a permit for hobby beekeeping on any property within the city shall file an application, under oath, with the City Clerk on a form provided by the City Clerk. For beehives in existence prior to the effective date of this article, applications to continue the hobby beekeeping must be filed by September 1, 2024. Failure to do so by that date will require termination of all beekeeping activities on that property until a permit required by this article is obtained. Applications shall include the following information:
(1) The full name of the applicant and whether the applicant is an individual or a corporation, partnership, or other business entity;
(2) If the applicant is a business, the name under which the business is operated, a copy of the current business registration and any applicable business licenses, the business address, all telephone numbers and e-mail addresses for the business, a copy of the signed lease for the business premises if not owned by the business, and written consent of the owner of the premises to keep bees thereon if the premises are not owned by the business;
(3) A plan, scale drawing, or other depiction, each of which must include accurate distance and dimensional measurements, of the proposed location and design of the beehive, flight path barrier, screening, water source, adjacent properties, nearby buildings and structures, and all other elements necessary to demonstrate compliance with the design and locational requirements of this article;
(4) If the applicant is not a business, the address, telephone number, and e-mail address of the applicant and each owner of the premises;
(5) A detailed summary or description of the beekeeping practices to be utilized on the premises;
(6) A letter of compliance from the State of Michigan stating that the applicant's plans are in compliance with the Michigan Right to Farm Act and the GAAMPs;
(7) Proof of having successfully completed a beekeeping class not more than one year prior to the initial application. The beekeeping class must be provided by an organization approved by the city;
(8) A release and authorization for the city, through its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth on the application and its supporting materials;
(9) An acknowledgement signed by the permit holder and the property owners that the city is not liable for any damages arising from the city's use of spray pesticides, herbicides, or insecticides to kill pests or weeds on public rights-of-way or public property, or from lawful enforcement of the provisions of the city code;
(10) Such other information as may be required by the Clerk; and
(11) A written declaration by the applicant, given under oath or affirmation, under penalty of perjury, that the information contained in and attached to the application is true and correct.
(a) All applications shall be accompanied by a nonrefundable application fee in an amount set by the city's annual appropriations ordinance.
(b) No person shall make any false, fraudulent, or untruthful statement, either written or oral, or in any way conceal any material fact or give or use any fictitious name in applying for a permit under this article. Any permit obtained in violation of this article shall be void.
(12) Each application shall also be accompanied by:
(a) A fully executed maintenance agreement acceptable to the City Attorney, assuring the upkeep and maintenance of, and the prevention of nuisances created by operation of, the beekeeping practices or structures. The agreement shall remain in effect for as long as hobby beekeeping occurs on the premises, and shall include the applicant's agreement to cease beekeeping until the operation is in full compliance with the requirements of the maintenance agreement. Any modifications to the beekeeping plans or practices may require an amended maintenance agreement.
(b) A fully executed indemnity agreement, approved by the City Attorney, whereby the applicant and property owner agree to indemnify and hold harmless the city and its officers, agents, and employees from any claim arising or resulting in any manner from the beekeeping practices or structures on the premises.
(13) Upon receipt of a properly and fully completed application for a permit, the City Clerk shall provide a copy of the application materials to the City Manager and shall forward a copy of the application materials to the following for their review, investigation, and recommendation:
(a) Chief of Police (for submission to Animal Control);
(b) The Building Official (for review of any structures);
(c) The City Planner (for ordinance compliance); and
(d) The City Development Director (for Code Enforcement to determine whether any outstanding code violations exist on the premises that must first be remediated).
(14) Except as provided in division (H), upon receipt of favorable recommendations from each of the investigating officials listed in division (13), the City Clerk shall issue a permit to the applicant.
(15) Upon issuance of a permit, the City Clerk shall notify each of the following of the issuance:
(a) Chief of Police (for submission to Animal Control);
(b) The Building Official;
(c) The City Planner;
(d) The City Development Director; and
(e) The City Manager.
(16) Denial. The City Clerk shall deny an application for any of the following reasons:
(a) The hobby beekeeping, as proposed in the application, would not comply with all applicable laws, ordinances, and codes.
(b) If the hobby beekeeping is proposed at a business location, the business is not licensed by the city, does not have a proper certificate of occupancy, has unresolved code, liquor control, and/or property maintenance violations, is in default to the city for taxes or other obligations, or has pending litigation or pending ordinance violations in court.
(c) The applicant made a false, misleading, or fraudulent statement of fact or omission in the permit application or any document required by the city in conjunction therewith, or has failed to submit all required information or the required fee.
(d) The applicant has had a similar permit or license denied, revoked, or suspended by the city or any other state or local agency.
(e) The applicant has not provided all of the information required to be submitted with an application pursuant to this article.
(17) If the City Clerk denies an application, he or she shall notify the applicant by certified mail addressed to the applicant at the address shown on the application. Such notice shall specify the following:
(a) Notice of the proposed action.
(b) Reasons for the proposed action.
(c) A statement that the individual or entity has the right to appeal the decision to the City Manager by submitting a written appeal to the City Clerk within 14 calendar days.
(18) The City Clerk shall grant or deny a permit application under this article within 60 days of receipt of the application, except that the City Clerk may extend that deadline upon request of an applicant in order for the applicant to attempt to remedy any correctable violations that would require denial if left uncorrected. The applicant may extend the deadline as often and for as long as it believes it will need, except that upon the expiration of one year from receipt of the application, the City Clerk shall issue a final grant or denial decision and close the matter. Thereafter, a new application from the applicant shall not be accepted by the City Clerk for a period of six months unless accompanied by documentation of a material change in circumstances, including but not limited to a correction or elimination of any previously outstanding violations or other reasons for denial. A beehive or hobby beekeeping operation that is or has previously been in use prior to September 1, 2024 may continue to be utilized while the permit application is pending, unless the city identifies an immediate risk or hazard to public safety requiring closure, so long as the application is properly completed and submitted to the City Clerk prior to September 1, 2024.
(19) Each permit issued under this article shall be valid for three years from the date on which it was issued. The expiration date shall be designated by the City Clerk on the permit. A renewal form and any applicable fee must be submitted to the City Clerk prior to expiration of the permit in order for the hobby beekeeping activity to continue. Upon receipt of a properly completed renewal form and any applicable fee, the permit will be deemed renewed until and unless the City Clerk denies the renewal due to inaccurate or incomplete information or for any of the reasons a permit may be suspended or revoked under this division.
(20) A party aggrieved by a denial of a permit application may appeal any decision under this section to the City Manager within 14 calendar days after the contested decision. An appeal must be made in writing and submitted to the City Clerk and shall contain the reasons supporting the appeal and any evidence that supports it. The person appealing may review the evidence that is the basis of any denial during the city's normal business hours. The scope of the City Manager's review shall be limited to verifying the facts supporting a written decision to deny a permit. If the City Manager finds that the facts supporting the decision are correct, the denial shall not be disturbed.
(21) A permit issued under this article shall be produced and displayed upon request to any animal control officer, police officer, code enforcement officer, or other official of the city.
(22) Within 72 hours of any change in fact, policy, or method which would alter the information provided in a permit application, or on the permit itself, the applicant/permit holder shall notify the City Clerk of such change(s) in writing.
(23) No person shall fraudulently make use of, to his or her own or another's benefit, a permit issued to him, her, or another in accordance with this article.
(24) No person shall counterfeit or forge the permit required by this article or deface or otherwise alter a permit issued under the provisions of this article.
(25) A permit issued under this article is not transferable, separable, or divisible, and the authority conferred shall be conferred only upon the individual/business and premises named on the permit. Upon sale or transfer of the premises or business, or upon relocation of the beehive, the permit therefor shall be null and void unless pre-approved by the City Clerk. It shall be the duty of all owners or permittees having knowledge of the sale, transfer, or relocation to immediately report such sale, transfer, or relocation to the City Clerk's office. The failure to do so shall result in an immediate revocation of the permit. An application for transfer shall be in writing, shall contain the same information as required by this division for an initial application for a new permit, and shall be accompanied by the same fee as required for an application for a new permit.
(26) No person shall allow, whether knowingly or otherwise, any other person to violate any of the terms of this article while on the premises, and no person at a premises with a permit shall condone or allow any unlawful activity to occur on those premises.
(27) Revocation.
(a) In the event a permit holder receives four notices of one or more violations of this article within any consecutive 12 month period, the City Clerk shall revoke the permit upon the issuance of a written determination to the permit holder that the beekeeping constitutes an ongoing nuisance, or that recurring violations warrant the revocation due to the enforcement resources involved.
(b) The permit holder may submit a written request for a hearing to appeal any revocation within seven days of the City Clerk's written determination. The written appeal shall be submitted to the City Clerk and provided by the City Clerk to the City Development Director for inclusion on a Board of Ordinance Appeals agenda.
(c) Unless the City Clerk's determination includes specific findings that continued beekeeping operations pose an imminent risk or hazard to people, pets, or property, or a continued disturbance of public tranquility, the permit holder may continue to operate the beehive(s) while the appeal is pending.
(d) All hearings on revocation appeals shall be heard by the Board of Ordinance Appeals at its next available regular meeting scheduled at least three calendar days after submission of the appeal.
(e) When considering a revocation appeal, the Board may uphold the revocation or reverse the revocation conditioned upon any terms and conditions the Board determines to be reasonably necessary for the safe and lawful continued utilization of the hobby beekeeping permit. If the revocation is upheld, the permit holder shall be afforded one business day to remove the beehive(s) and 30 days to remove all beekeeping operations and equipment, including but not limited to any flight path barrier that would not otherwise be permitted by ordinance to exist on the premises.
(28) Additional Hobby Beekeeping Regulations Applicable to Single-Family Residential Properties.
(a) Beehives are only permitted on any parcel, lot, or condominium unit as an accessory use.
(b) Only two beehives shall be permitted on any parcel, lot, or condominium unit of less than one-half acre in size zoned R-60, R-70, R-80, R-90, and R-100 or used for a single-family residence.
(c) One additional beehive shall be permitted for each additional one-half acre in size of a parcel, lot, or condominium unit located on property zoned R-60, R-70, R-80, R-90, or R-100 or used for a single-family residence in excess of one-half acre.
(d) No more than 20 beehives shall be permitted on property zoned R-60, R-70, R-80, R-90, or R-100, or used for a single-family residence regardless of the size of the residential property, or the number of permitted splits of large beehives.
(e) The provisions in this division shall not prohibit establishing a beehive on a rooftop in compliance with the regulations set forth in division (U) below.
(29) Additional Hobby Beekeeping Regulations Applicable to Commercial, Industrial, and Multi-Family Residential Properties.
(a) A beehive shall be no closer than 20 feet to any interior private sidewalk used by residents, customers, patrons, employees, or visitors on the property unless the hive is located on the roof of the principal structure.
(b) Only two beehives shall be permitted on any parcel, lot, or condominium unit of less than one-half acre in size zoned RM-1, RM 2, RM-3, O-1, O-2, O-3, C-1, C-2, C-3, C-4, O-4, TRO, M-1, M-2, and PCD zoned properties.
(c) One additional beehive shall be permitted for each additional one-half acre in size of a parcel, lot, or condominium unit located on property zoned RM-1, RM 2, RM-3, O-1, O-2, O-3, C-1, C-2, C-3, C-4, O-4, TRO, M-1, M-2, and PCD zoned properties in excess of one-half acre.
(d) A beehive shall be no closer than ten feet to any dwelling unit located on a parcel in an RM-1, RM-2, RM-3, or building used as a multiple family residential building, unless the beehive is located on the roof of the building.
(e) Hobby beekeeping shall be permitted on the rooftops of buildings located in RM-1, RM 2, RM-3, O-1, O-2, O-3, C-1, C-2, C-3, C-4, O-4, TRO, M-1, M-2, and PCD zoned properties complying with the following standards:
1. Signage shall be conspicuously posted at all entrances to the rooftop, and within five feet of a beehive, indicating the presence of honey bees and listing the beekeeper's name and telephone number in a conspicuous font.
2. The property owner hosting the hobby beekeeping shall comply with the Zoning Ordinance regulations pertaining to the screening of roof mounted appliances to the maximum extent practical in order to mitigate disruption or aggravation to the honey bee colony and ensure the safety of workers and others on the roof.
3. Hobby beekeeping in any zoning district shall comply with the applicable provisions of the Zoning Ordinance.
(30) A violation of this section constitutes a public nuisance subject to the abatement provisions of Chapter 33 of the city code.
(Ord. No. 496, § 3, 5-21-24)