§ 160.39 URBAN LIVESTOCK.
   (A)   Livestock may be raised and kept without limit or restriction on farms as defined in this Code, regardless of zoning district. In all other cases urban livestock shall be prohibited in all residential zoning districts, including but not limited to R-1L, R-1I, R1S, R-2, R-3 and R-4 Districts, and those portions of Planned Unit Developments that have correlating minimum lot widths and areas, and any other residential subdivision. However, apiaries (beekeeping), and private stables and paddocks exclusively for horses may be allowed on any residential property that meets the requirements below for each. However, chickens may be allowed on owner occupied, single-family detached properties that meet the requirements in § 160.68.
   (B)   Private stables and paddocks shall be located on the rear half of the lot and not closer than 20 feet to any property line, nor closer than 40 feet from any dwelling on the same or adjoining property. The minimum lot area upon which a horse may be kept is one acre, and two horses may be kept on an acre. One additional horse may be kept for each 20,000 square feet by which the parcel of land exceeds one acre.
   (C)   Apiaries (beekeeping) may be allowed in all residential zoning districts, including but not limited to R-1L, R-1I, R1S, R-2, R-3 and R-4 Districts, and those portions of Planned Unit Developments that have correlating minimum lot widths and areas, and any other residential subdivision, subject to the following performance standards:
      (1)   Beekeeping shall be allowed only on property owned by the beekeeper.
      (2)   Honeybee colonies shall be kept in hives with removable frames, with said hives kept in sound and usable condition.
      (3)   A maximum of two hives shall be permitted on a property that is one acre or smaller in size; a maximum of five hives shall be permitted on a property that is between one acre and five acres in size; and a maximum of ten hives shall be permitted on a property larger than five acres in size.
      (4)   A source of water shall be readily available to the bees at all times within the property that the beehives are located during the time of year in which the bees are active.
      (5)   Hives shall not be located in the front yard or side yard.
      (6)   Hives must be located a minimum of ten feet from all property lines, as measured from the nearest point on the hive to the property line.
      (7)   When a hive is situated within 25 feet 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 line(s) which is a minimum of six feet in height consisting of a solid wall of a building, fence, dense vegetation or combination thereof. Said flyway barrier shall extend a minimum of 12 feet beyond the hive in all directions so that all bees are forced to fly at an elevation of at least six feet 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; however, said vegetation shall be a minimum of six feet in height at the time that beehives are located on the property. A building permit shall be obtained prior to construction of any fence or accessory structure that would be subject to a building permit.
      (8)   Per the recommendation of the Iowa State Apiarist, the beekeeper shall incorporate best management practices in the beekeeping operation at all times, including but not limited to (a) completion of a Beekeeping Educational Course for which dates and locations can be obtained from the Iowa Honey Producers Association website; (b) registering the location of their apiaries annually with Iowa Department of Agriculture & Land Stewardship's Sensitive Crops Directory; and (c) practicing proper management and manipulation of colonies to remedy swarming and/or aggressive colonies.
      (9)   In the event that a beekeeping operation is determined to be in violation of this Code with regard to the above regulations, the property owner shall be given written notice of the violation and be allowed 14 days from the date of the notice to correct the violation. If the property is not brought into compliance within 14 days, the hives shall be immediately removed from the property.
(Ord. 2021-11, passed 7-13-2021; Am. Ord. 2022-17, passed 10-6-2022)