Chapter 7.04
BEES
Sections:
7.04.030 Criteria for approval.
7.04.040 Adhering to criteria.
7.04.050 Beehive(s) situated in industrial and PD districts.
7.04.070 Administrative permit.
7.04.080 Application requirements.
7.04.090 Notification of application for permit.
7.04.120 Notification of denial.
7.04.130 Revocation of permit.
7.04.150 Hearing for denial, revocation and denial of renewal.
7.04.010 Definitions.
For the purpose of this chapter, the following words and terms shall be deemed to mean and to be construed as follows:
“Bees” means honey-producing insects of the species Apis mellifera, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax.
“Hives” means any receptacle or container made or prepared for the intended use of bees and/or storage of honey or brood, or box or similar container, of which bees have taken possession.
“Wild swarms of bees” means any colony of bees which becomes established upon a lot or parcel or in anything other than a hive. [Ord. 12-004.]
7.04.020 Permit required.
No person shall keep or maintain any hive of bees on any lot or parcel within the City without first obtaining a permit from the Community Development Director of the City in accordance with this chapter. [Ord. 12-004.]
7.04.030 Criteria for approval.
Applicant shall declare under penalty of perjury that the location of the beehive(s) sought is and at all times will be maintained in conformity to each and every one of the following criteria:
A. No more than two (2) hives shall be maintained on any lot or parcel.
B. The owner’s name, address and locations of all such hives shall be registered with the office of the Solano County Agriculture Commissioner.
C. No hive(s) shall be kept or maintained within ten (10) feet of any side property line on the lot or parcel upon which such hives are situated, or within fifty (50) feet of any dwelling unit other than that occupied by the person maintaining the hive(s).
D. No hive(s) shall be kept or maintained within any required front or side setbacks.
E. All hive(s) shall be oriented so that their entrances face a house or building on the premises and shall be surrounded by a solid fence not less than six (6) feet in height, located no farther than thirty (30) feet from such hive(s). Solid fence may be open on that side facing a house or building on the premises.
F. A constant water supply adequate to the needs of all hives located on the premises shall be maintained on those premises.
G. No hive(s) shall be kept or maintained within two hundred (200) feet of a dwelling occupied by any person who is known to be, or who has provided the applicant with reasonable proof that they are, systemically allergic to bee stings.
H. No hive(s) shall be kept or maintained on any lot or parcel which adjoins a lot or parcel that is occupied by any person who has provided the applicant with reasonable proof that they are systemically allergic to bee stings. [Ord. 12-004; Ord. 13-004 § 6.]
7.04.040 Adhering to criteria.
The criteria set forth in DMC 7.04.030, 7.04.050 and 7.04.060 shall be deemed to be conditions of any administrative permit for the placement of beehive(s), and failure to adhere to said criteria shall be a violation of this chapter. [Ord. 12-004.]
7.04.050 Beehive(s) situated in industrial and PD districts.
Notwithstanding the provisions of DMC 7.04.020 and 7.04.030, beehive(s) may be kept or maintained without the issuance of a permit on lots or parcels situated in the industrial and PD districts zoned for such uses (excluding, however, such lots or parcels being used for residential or commercial legal nonconforming uses), provided such beehive(s) are situated more than one hundred fifty (150) feet from any dwelling, excluding the dwelling on the lot or parcel whereon such hive(s) are situated, and at least one hundred (100) feet from any public street, roadway, or public access; provided, the requirements of DMC 7.04.030(B), (D), (F), (G) and (H) shall apply. [Ord. 12-004; amended during 2013 recodification; Ord. 24-002 § 6 (Exh. B).]
7.04.060 Exceptions.
The City Council finds that the maintenance of beehive(s) within the City not in compliance with the regulations contained in DMC 7.04.020, 7.04.030, and 7.04.050 constitutes a public nuisance. The regulations contained in said sections are adopted for the general welfare of the residents of the City. The regulations are primarily adopted for the purpose of enhancing the welfare of residents of properties adjoining lots or parcels upon which beehive(s) are maintained, and such persons are found to be specifically affected by the maintenance of such beehive(s). Therefore, the requirements of DMC 7.04.030(C), (G) and (H), and the distance restriction set forth in DMC 7.04.050, shall not be applicable if the person desiring to maintain the hive(s) shall file with the Community Development Director the written consent of the residents of the adjoining properties and/or dwelling units from which the distance limitations contained in DMC 7.04.030(C), (G) and (H) are to be measured. Such written consent may be revoked by the grantor or successor resident following at least thirty (30) days’ written notice to the person in control of such hive(s) and by filing a copy thereof with the Community Development Director. [Ord. 12-004.]
7.04.070 Administrative permit.
An administrative permit shall be issued by the Community Development Director for uses specified by this chapter where such use meets criteria for assuring that the use does not create such potential impact on residents of properties adjoining lots or parcels upon which beehive(s) are maintained. [Ord. 12-004.]
7.04.080 Application requirements.
A written application for an administrative permit under this chapter shall be filed with the Community Development Department upon forms provided by the City. Said application shall be signed by an owner or lawful tenant of the lot or parcel for which the application is submitted. [Ord. 12-004.]
7.04.090 Notification of application for permit.
All property owners within two hundred (200) feet of the site shall be notified of the application for keeping of bees. Property owners have ten (10) days to respond to said notice. Property owners claiming to be systematically allergic to bees shall submit medical documentation of such condition. [Ord. 12-004.]
7.04.100 Permit approval.
A permit shall be granted by the Director only if all of the criteria for the use specified in this chapter are met. The criteria for an administrative permit for such use are set forth in DMC 7.04.030, 7.04.050 and 7.04.070. [Ord. 12-004.]
7.04.110 Permit denial.
The Community Development Director shall deny the application for the administrative permit unless each and every one of the criteria set forth for the use in this chapter is satisfied. [Ord. 12-004.]
7.04.120 Notification of denial.
Whenever an administrative permit is denied hereunder, the Community Development Director shall notify the applicant in writing of the ground upon which such denial is based. [Ord. 12-004.]
7.04.130 Revocation of permit.
The Community Development Director may issue a notice of noncompliance for any failure to comply with this chapter, or for failure to comply with any State law or local ordinance if the use creates a public nuisance or in any way adversely affects the peace, health, safety, or welfare of the community. Such notice shall be sent by certified mail to the permit holder at the address shown on the permit. [Ord. 12-004.]
7.04.140 Order to show cause.
If the noncompliance, nuisance or adverse effect is not abated, corrected or rectified within the time specified in said notice, the Community Development Director may issue an order to show cause why such permit shall not be revoked. Such order shall be served on the permit holder personally or sent by certified mail to the address listed in the permit. It shall set forth the date of a hearing, which shall not be less than ten (10) days from the date of service of such notice, unless the Community Development Director finds that the public health or safety requires immediate action, in which case the hearing may be sooner. [Ord. 12-004.]
7.04.150 Hearing for denial, revocation and denial of renewal.
A hearing shall be held by the Community Development Director during which the permit holder and any other interested party may present evidence. After considering all evidence presented, the Community Development Director shall determine if there are good cause and sufficient grounds to deny or revoke such permit. A written order stating the basis for the decision shall be issued. If the permit is revoked, the permit holder shall have ten (10) days to terminate the use on the premises. The decision of the Community Development Director shall be final, unless an appeal is filed in accordance with Chapter 18.28 DMC. [Ord. 12-004.]
7.04.160 Fees.
Fees for the administrative permit shall be set forth in the schedule of fees established by resolution of the City Council. No application shall be accepted as complete until all fees so imposed have been paid. [Ord. 12-004.]
7.04.170 Nontransferability.
A permit issued hereunder may not be transferred or assigned. [Ord. 12-004.]
7.04.180 Wild swarm of bees.
No person shall keep, maintain, or allow to remain on any lot or parcel which such person owns and/or resides any wild swarms of bees. [Ord. 12-004.]