The keeping of bees in residential areas is permitted under the following conditions:
(a) Definitions:
(1) "Bee" means any stage of any species of the genus Apis.
(2) "Hive" means any modern frame hive, box hive, box, barrel, log gum, skep or any other natural or artificial receptacle, or any part thereof, that may be used as a domicile for bees.
(3) "Colony" means any hive and its equipment, including bees, combs and brood.
(4) "Equipment" means any used hives or parts thereof used frames, used honey houses, used tools, used machines, or used devices employed in the handling or manipulation of bees, honey, or beeswax, or any used container for honey or beeswax.
(5) "Swarm" means a population of bees that is not permanently established.
(6) "Beekeeper" means the person who takes care of and/or registers the apiary where the honey bee colonies are kept.
(b) In order to have beekeeping privileges within the City, all beekeepers are required to maintain and register their hives as set forth in Chapter 909 "Apiaries" of the Ohio Revised Code.
(c) All beekeepers are required to register with the City of Wyoming setting forth the location of their hives and number of colonies of bees.
(d) Any lot used for beekeeping must have a minimum size of 14,000 square feet. There shall be no more than two (2) hives established on any lot used for beekeeping, except two (2) additional temporary hives are allowed for hive separation or new swarm establishment purposes. Such temporary hives shall be removed from the property within two (2) weeks.
(e) Hives shall be placed in the rear yard of the property and in no case shall the hives be closer than 30 feet from a public or private street, sidewalk or roadway. In no case shall the hives be closer than 25 feet to an abutting property line.
(f) A fresh water source shall be maintained within fifteen (15) feet of the hives.
(g) The owner of the hive(s) must be a resident in a dwelling located on the same lot on which the hive(s) are registered. Hives are only permitted on lots with single family residential units located on them.
(h) The maintenance of each colony shall meet the following conditions:
(1) Colonies shall be maintained in readily movable frame hives.
(2) Each hive must conspicuously display the Apiary Identification Number assigned pursuant to Chapter 909 of the Ohio Revised Code on no less than the base and the box. The identification number shall be on a side that is visible without moving or lifting of said hive.
(3) Adequate space shall be maintained in the hive to prevent overcrowding and swarming.
(4) Colonies shall be requeened following any swarming or aggressive behavior or seized and destroyed without remuneration.
(i) A certificate or permit providing the privilege to keep bees within the City of Wyoming shall be provided by the City of Wyoming to a beekeeper once it is established that the necessary requirements outlined in this ordinance are satisfied.
(j) Beekeeping privileges may be revoked from any property by written notification to the property owner by the City of Wyoming. Revocation must be done with cause, however, the cause need not to be the fault of the beekeeper, nor be a factor that is under the control of the beekeeper. The City may revoke beekeeping privileges for any condition or combination of circumstances that jeopardizes, endangers or otherwise constitutes an actual, potential or perceived menace to public health or safety. Once beekeeping privileges have been revoked on a particular property, such privilege may be reestablished only upon written request. Additionally, a permit or certificate may be revoked by the City due to a failure to satisfy any of the requirements of this ordinance.
A perceived menace to public health may also include, but is not limited to:
(1) Written documentation over a medical doctor's signature certifying that the medical condition caused by beestings to a resident of an abutting property would constitute a higher than normal health hazard will constitute sufficient cause to withdraw beekeeping privileges from any specific property.
(2) Abnormally aggressive behavior by bees defending their hive beyond the property lines may constitute sufficient cause to withdraw beekeeping privileges from any specific property.
(k) The City may revoke a beekeeper's privilege to maintain hives within the City by revoking the beekeeper's permit or certificate if in violation of Section 505.18. If such revocation occurs, the permit holder shall have the right to appeal such decision to the City Manager to determine whether cause exists for revoking the beekeeping privileges, which appeal shall be filed within thirty (30) days of such revocation.
(Ord. 1-2015. Passed 1-20-15.)
(l) Any person seeking to keep bees are provided by this Section who does not meet the minimum requirements set forth herein may submit an application for a variance from the Board of Zoning Appeals.
(1) Upon receipt of a completed application for a variance, the Board of Zoning Appeals shall fix a reasonable time for the hearing to consider the request. The Board shall provide written notice by first class mail at least twenty days before the date of the public hearing to all property owners of property within and continuous to and directly across the street from the subject property.
(2) The Board of Zoning Appeals may vary the regulations of this Section as they apply to a particular property if it determines that such variance will be consistent with the intent of this Section and will not cause harm to neighboring properties or occupants. In making this determination the Board may consider the proximity of the proposed hives to neighboring properties, the applicant's experience in beekeeping, the physical features of the subject property, and the number of proposed hives in relation to the total area of the subject property.
(Ord. 21-2020. Passed 11-16-20.)