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undeveloped, or is (2) zoned agricultural or industrial, or is (3) outside of the City <br />limits, or is (4) a wildlife management area or naturalistic park land with no horse <br />or foot trails located within 25 feet of the apiary. If the adjoining property <br />becomes developed, a flyway barrier must be erected according to the <br />specifications of this section. No allowance for a legal nonconformity shall accrue <br />under this subsection. <br />10) Hives shall be continuously managed to provide adequate living space for their <br />resident honeybees in order to prevent swarming. <br />11) Where a flyway barrier is required, the hive openings shall face the flyway <br />barrier. <br />(K) Inspections. <br />1) As part of the approval, each beekeeper must allow an inspection of the apiary <br />site. The City Manager or their designee has the right to inspect any apiary for <br />the purpose of ensuring compliance with this Section upon providing prior notice <br />to the owner of the apiary parcel. In the case of a complaint regarding the apiary, <br />the apiary site may be inspected by the City without prior notice. <br />2) If an approved apiary site is found to be non-compliant with any requirements of <br />this section, a compliance order shall be issued by the City Manager, or their <br />designee. The owner and/or operator of the apiary shall have up to ten (10) days <br />to bring the apiary into compliance or risk the loss of their approval. <br />3) If the City Manager orders the revocation of an existing Beekeeping approval, a <br />hearing before the City Council shall be scheduled as follows: <br />a. Scheduling of hearing. If the city makes a determination that it will be <br />revoking an approval pursuant to this subchapter, the City Council shall conduct a <br />hearing on the matter. The hearing shall be scheduled at the next regular City <br />Council meeting following the date of the notice of intent to revoke. <br />b. Hearing. At the hearing, the City Council shall hear all relevant evidence and <br />arguments and shall review all testimony, documents and other evidence <br />submitted. The applicant shall have the opportunity to address the City Council at <br />the hearing. <br />c. Findings. After the hearing is concluded, the City Council shall make findings <br />on whether to uphold the order to revoke. The City Council shall issue a written <br />decision within 30 days following the date of the hearing and shall send a copy of <br />its decision to the owner or operator by mail. <br />(L) Removal or Relocation. <br />1) If any approved beekeeper serves the community by removing a swarm or swarms <br />of honeybees from locations where they are not desired, that person will not be <br />considered to be in violation of the colony density restrictions of this Section if the <br />following conditions are met: <br />a. The person temporarily houses the honeybees at an apiary site of a beekeeper <br />approved by the City; <br />b. The honeybees are not kept for more than 30 days; and <br />c. The site remains in compliance with the other provisions of this Section. <br />22