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File #: 24275    Version: Name: Honeybees
Type: Ordinance Status: Passed
File created: 10/17/2011 In control: PLAN COMMISSION
On agenda: 2/28/2012 Final action: 2/28/2012
Enactment date: 3/6/2012 Enactment #: ORD-12-00025
Title: 2nd SUBSTITUTE Creating Section 9.53 to provide for a license for keeping honeybees and amending portions of Chapter 28 of the Madison General Ordinances of the conservancy, agriculture, and residential districts to allow the keeping of honeybees as a permitted use.
Sponsors: Satya V. Rhodes-Conway, Marsha A. Rummel, Michael E. Verveer
Attachments: 1. Honeybee Ordinance FAQ.pdf, 2. Version 1, 3. Version 2, 4. DCBA Cover Letter-Beekeeping 2011-12-13.pdf, 5. DCBA FINAL Beekeeping Ordinance Proposal 2011-12-13.pdf, 6. Thornton Comments 020812.pdf, 7. Steines Comment 021312.pdf, 8. Honeybee Ordinance FAQ REVISED 020812.pdf, 9. Bee Setbacks map example East.pdf, 10. Bee Setbacks map example West.pdf, 11. Bee Standards example.pdf, 12. 2.28.2012 Common Council Registrations
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
2/28/20122 COMMON COUNCIL Adopt the Following Amendment(s)Fail Action details Meeting details Not available
2/28/20123 COMMON COUNCIL Adopt with ConditionsPass Action details Meeting details Not available
2/20/20122 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT WITH CONDITIONS - RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
2/9/20122 BOARD OF HEALTH FOR MADISON AND DANE COUNTY Return to Lead with the Recommendation for ApprovalPass Action details Meeting details Not available
1/17/20121 COMMON COUNCIL Re-refer for Recessed Public HearingPass Action details Meeting details Not available
12/19/20111 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
12/6/20111 SUSTAINABLE DESIGN AND ENERGY COMMITTEE (ended 6/2012)    Action details Meeting details Not available
11/10/20111 BOARD OF HEALTH FOR MADISON AND DANE COUNTY Return to Lead with the Following Recommendation(s)Pass Action details Meeting details Not available
11/7/20111 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - PUBLIC HEARINGPass Action details Meeting details Not available
10/19/20111 PLAN COMMISSION Refer  Action details Meeting details Not available
10/19/20111 PLAN COMMISSION Refer  Action details Meeting details Not available
10/19/20111 PLAN COMMISSION Refer  Action details Meeting details Not available
10/18/20111 COMMON COUNCIL Referred for Public HearingPass Action details Meeting details Not available
10/17/20111 Attorney's Office/Approval Group Referred for Introduction  Action details Meeting details Not available
Fiscal Note
There may be a small increase in General Fund revenues derived from license fees.
Title
2nd SUBSTITUTE Creating Section 9.53 to provide for a license for keeping honeybees and amending portions of Chapter 28 of the Madison General Ordinances of the conservancy, agriculture, and residential districts to allow the keeping of honeybees as a permitted use.
Body
DRAFTER'S ANALYSIS:  This ordinance creates a license requirement for keeping honeybees and amends various portions of Chapter 28 to allow the keeping of honeybees in the conservancy, agriculture, and residential districts.
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The Common Council of the City of Madison do hereby ordain as follows:
1.      Sec. 9.53 entitled "Keeping of Honeybees" of the Madison General Ordinances is created to read as follows:
"9.53      KEEPING OF HONEYBEES.
      Any person who keeps honeybees in the City of Madison shall obtain an annual license prior to January 1 of each year, or within thirty (30) days of acquiring the honeybees.  The license year commences on January 1 and ends on the following December 31.
Application shall be made to the City Treasurer and the fee for the license shall be ten dollars ($10.00).
The Treasurer or other authorized individual shall collect the fee and shall assess and collect a late fee of five dollars ($5.00) from every owner of honeybees, if the owner fails to obtain a license prior to April 1 of each year, or fails to obtain a license within thirty (30) days of acquiring the honeybees.  All the late fees received or collected shall be paid into the local Treasury.
The Zoning Administrator may revoke a license if there are three (3) or more violations within any six- (6) month period of this or any ordinance in Chapter 28, MGO, regulating the keeping of honeybees."
      2.      Paragraph 5. of Subdivision (b) entitled "Permitted Uses" of Subsection (2) entitled "Conservancy District" of Section 28.07 entitled "Special Districts" of the Madison General Ordinances is created to read as follows:
"5.      Keeping of honeybees, provided that:
a.       No hive shall exceed twenty (20) cubic feet in volume.
b.      No hive shall be located closer than three (3) feet from any property line.
c.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
d.      A constant supply of water shall be provided for all hives.
e.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
f.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
g.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."
3.      Subparagraph i. of Paragraph 11. of Subdivision (b) entitled "Permitted Uses" of Subsection (3) entitled "Agriculture District" of Section 28.07 entitled "Special Districts" of the Madison General Ordinances is created to read as follows:
"i.      Keeping of honeybees, provided that:
i.      Hives may be located only on lots with residential use unless the principal use of the lot is an agricultural use.
ii.      No more than six (6) hives may be located on a lot unless the principal use of the lot is an agricultural use.
iii.       No hive shall exceed twenty (20) cubic feet in volume.
iv.      No hive shall be located closer than three (3) feet from any property line.
v.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
vi.      A constant supply of water shall be provided for all hives.
vii.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
viii.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
ix.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."
4.      Subparagraph l. of Paragraph 8. of Subdivision (b) entitled "Permitted Uses" of Subsection (2) entitled "R1 Single-Family Residence District" of Section 28.08 entitled "Residence Districts" of the Madison General Ordinances is created to read as follows:
"l.      Keeping of honeybees, provided that:
i.      Hives may be located only on lots with residential use.
ii.      No more than six (6) hives may be located on a lot.
iii.       No hive shall exceed twenty (20) cubic feet in volume.
iv.      No hive shall be located closer than three (3) feet from any property line.
v.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
vi.      A constant supply of water shall be provided for all hives.
vii.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
viii.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
ix.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."
5.      Paragraph 5. of Subdivision (b) entitled "Permitted Uses" of Subsection (7) entitled "R6 General Residence District" of Section 28.08 entitled "Residence Districts" of the Madison General Ordinances is amended to read as follows:
"5.      Accessory Uses., including but not limited to:
a.      Keeping of honeybees, provided that:
i.      Hives may be located only on lots with residential use.
ii.      No more than six (6) hives may be located on a lot.
iii.       No hive shall exceed twenty (20) cubic feet in volume.
iv.      No hive shall be located closer than three (3) feet from any property line.
v.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
vi.      A constant supply of water shall be provided for all hives.
vii.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
viii.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
ix.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."      
6.      Subparagraph e. of Paragraph 7. of Subdivision (b) entitled ""Permitted Uses" of Subsection (9) entitled "R4L Limited General Residence District" of Section 28.08 entitled "Residence Districts" of the Madison General Ordinances is created to read as follows:
"e.      Keeping of honeybees, provided that:
i.      Hives may be located only on lots with residential use.
ii.      No more than six (6) hives may be located on a lot.
iii.       No hive shall exceed twenty (20) cubic feet in volume.
iv.      No hive shall be located closer than three (3) feet from any property line.
v.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
vi.      A constant supply of water shall be provided for all hives.
vii.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
viii.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
ix.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."
7.      Subparagraph e. of Paragraph 7. of Subdivision (b) entitled "Permitted Uses" of Subsection (11) entitled "R4A Limited General Residence District" of Section 28.08 entitled "Residence Districts" of the Madison General Ordinances is created to read as follows:
"e.      Keeping of honeybees, provided that:
i.      Hives may be located only on lots with residential use.
ii.      No more than six (6) hives may be located on a lot.
iii.       No hive shall exceed twenty (20) cubic feet in volume.
iv.      No hive shall be located closer than three (3) feet from any property line.
v.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
vi.      A constant supply of water shall be provided for all hives.
vii.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
viii.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
ix.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."
8.      Paragraph 3. of Subdivision (b) entitled "Permitted Uses" of Subsection (12) entitled "R1-R Rustic Residence District" of Section 28.08 entitled ""Residence Districts" of the Madison General Ordinances is created to read as follows:
"3.      Keeping of honeybees, provided that:
a.      Hives may be located only on lots with residential use.
b.      No more than six (6) hives may be located on a lot.
c.       No hive shall exceed twenty (20) cubic feet in volume.
d.      No hive shall be located closer than three (3) feet from any property line.
e.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
f.      A constant supply of water shall be provided for all hives.
g.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
h.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
i.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."
9.      Paragraph 58. of Subdivision (c) entitled "Permitted Uses" of Subsection (2) entitled "C1 Limited Commercial District" of Section 28.09 entitled "Commercial Districts" of the Madison General Ordinances is created to read as follows:       
"58.      Keeping of honeybees, provided that:
a.      Hives may be located only on lots with exclusive residential use.
b.      No more than six (6) hives may be located on a lot.
c.       No hive shall exceed twenty (20) cubic feet in volume.
d.      No hive shall be located closer than three (3) feet from any property line.
e.      No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an abutting lot.
f.      A constant supply of water shall be provided for all hives.
g.      A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive.  The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
h.      The owner, operator, or tenant obtains a license under Sec. 9.53, MGO.
i.      The applicant for the license notifies all residents of the property and the owner or operator of the property if the applicant is not the owner or operator.  Notification is not required for renewal of a license."