10.813 Agricultural Services and Animal Services.
(1) Kennels, Canine Daycares, Riding Academies, and Public Stables.
(a) Riding Academies and Public Stables. All riding academies and public stables shall adhere to the following:
(i) Mitigate odor, dust, noise, and drainage in order to avoid a nuisance, hazard, or health problem.
(ii) All buildings and outdoor portions of riding academies and public stables shall be located not less than 200 feet from any property line.
(b) Kennels and Canine Daycares. All kennels and canine daycares (indoor and outdoor) shall adhere to the following:
(i) Mitigate odor, dust, noise, and drainage in order to avoid a nuisance, hazard, or health problem.
(ii) All buildings and outdoor portions of kennels and outdoor canine daycares shall be located not less than 200 feet from any property line.
(c) Indoor canine daycares shall be located entirely within an enclosed building and adhere to the following:
(i) Provide a temperature controlled environment through required building permits;
(ii) Install and maintain noise reduction devices on any shared or exterior wall(s) or be constructed of soundproof materials equivalent to a rating of STC 50 or greater when the building is within 50 feet of a residential zoning district. STC wall ratings shall be in accordance with the Oregon Structural Specialty Code referenced Fire Resistance and Sound Control Design Manual.
(iii) Not allow overnight boarding.
(d) A kennel or outdoor canine daycare may petition to reduce the setback requirement via the conditional use permit process in Section 10.184, but in no case shall the setback be reduced to less than 50 feet. Among the conditions allowed under Section 10.184(3)(b), the approving authority should particularly consider the manner and hours of operation, mitigation of noise and odor, and fencing.
(2) Stables and Paddocks, Private. The minimum lot area shall be one (1) acre per horse (includes ponies, mules, donkeys, and other animals used for riding). The following minimum setbacks shall be provided:
(a) Stables, corrals, pastures, exercise areas, feed, and bedding shall be located fifty (50) feet from any property line or street and one hundred (100) feet from any adjacent residence or swimming pool, in order to minimize odor and nuisance problems.
(b) Manure shall not be stored or accumulated on land that is within one hundred (100) feet of a property line.
(c) Corrals, exercise areas, and manure piles are prohibited in areas with slopes greater than ten (10) percent.
(3) Beekeeping. The City recognizes the many benefits of bees including pollination services and useable products such as honey and wax. The keeping of bees is permitted in the single-family residential districts, the commercial, industrial, and the public parks districts in the city limits subject to the following standards:
(a) Registration with the Medford Planning Department is required in order to keep beehives within the city limits.
(b) Number of Hives Permitted.
(i) A maximum of three hives on a property less than one acre.
(ii) A maximum of six hives on a property between one and two acres.
(iii) For properties over two acres, an additional three hives per acre are permitted.
(c) A beekeeper who owns five or more hives is required by the State to register them with the Oregon Department of Agriculture.
(d) Bees shall be kept in hives with removable frames or combs, which shall be kept in sound and usable condition.
(e) For each colony permitted to be maintained under this ordinance, one temporary nucleus colony in a hive structure not to exceed one standard 9-5/8-inch-depth, ten-frame hive body may also be maintained on the same property.
(f) Hives shall not be placed within a required front, side, rear, street side, or buffer yard.
(g) When a beehive is located less than 20 feet from a property line, a flyway barrier at least six feet in height shall be maintained parallel to the property line for a minimum of five feet in either direction of the hive. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather than through the material to reach the colony.
(h) A constant supply of fresh water shall be provided for the colonies on site within 15 feet of each hive.
(i) Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.
(j) If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily hive the swarm on their property for up to 30 days from the date acquired, at which time the hive limit requirements of Section (3)(b) apply once more.
(k) Products generated on site by bees, such as honey, shall be permitted to be sold on the property per applicable business license and/or home occupation regulations; however, no outdoor sales are permitted.
(l) A beekeeper shall not locate or maintain a hive on property owned by another person without first obtaining written permission from the property owner or person lawfully in possession of the property.
(m) A beekeeper shall immediately replace the queen in a hive that exhibits aggressive characteristics, including stinging or attempting to sting without provocation.
(n) Only docile common honey bees shall be permitted. African honey bees or any hybrid thereof are prohibited.
(o) A person may not keep a hive that causes a threat to human or animal health, or interferes with normal use and enjoyment of public or private property.
(p) Violation of Section 10.813(3) constitutes a violation. Every day in which the violation exists constitutes a separate violation.
(q) A violation of Section 10.813(3) is declared to be a public nuisance, and may be abated in the manner provided for in Section 5.520 of the Medford Code.