(a) It shall be unlawful to place or maintain backyard chickens in any area unless the following conditions and requirements are met:
(1) A Backyard Chicken License must be approved by the Mayor and Planning Commission. A non-refundable application fee shall be submitted with the Backyard Chicken license application. City Council shall set the amount of such fee by resolution.
(2) No more than six (6) backyard chickens are permitted per dwelling unit or school.
(3) Roosters are prohibited.
(4) Other poultry or fowl are prohibited. No person may own or keep any other fowl, including ducks, quail, geese, pigeons or turkeys.
(5) Backyard chickens are required to be located within a designated chicken coop and chicken run that shall meet the following requirements:
A. The chicken coop and chicken run shall be located in the rear or backyard of a residential or school property.
B. Neither the coop nor run shall be located between the rear of the principal structure and the front yard lot line.
C. The coop shall have a minimum five (5) feet setback from any side or rear property line, except as permitted.
D. Coops shall be predator resistant with a solid covered roof.
E. Water shall be provided onsite and accessible to chickens at all times.
F. During daylight hours, the chickens shall also have access to a chicken coop,
G. From dusk until dawn, chickens shall be protected from predators by being enclosed within a chicken coop.
H. The maximum chicken coop size is 100 square feet, except as permitted.
I. A minimum of four (4) square feet of space per chicken shall be provided in both the coop and the run.
J. The maximum height of the coop shall be no more the seven (7) feet at the highest point of the roof, except as permitted.
K. No chickens, coop or run shall be located in common areas of a multi-unit, multi-use, or multi-family property.
L. Existing structures on a property as of October 15, 2015 that do not meet the setback requirements and/or exceed the maximum size and height requirements may be used for the purpose of a chicken coop provided the structure is located in the rear of the property and said structure is approved as part of an individual's Backyard Chicken License.
(6) Chicken coops and chicken runs shall be maintained and shall be regularly cleaned to control dust, odor, and waste and not constitute a safety hazard, or health problem to surrounding properties.
(7) No on-site slaughtering is allowed.
(8) Chicken feed shall be stored in a reasonable, airtight, predator proof container.
(9) Chicken waste shall only be stored in a reasonable, airtight, predator proof container.
(10) Chicken licenses will only be issued to single family residential dwellings and not to mobile homes, condominium units or town houses.
(b) Commercial Uses Prohibited. Chickens shall be kept as pets for personal use only. No person shall sell or barter eggs or engage in chicken breeding or fertilizing production for commercial purposes. The slaughtering of chickens is prohibited.
(c) Penalties for Violations. If the regulations set forth by the Village of Barboursville are not complied with, the license may be revoked within ten (10) business days notice by the Mayor. Once a permit is revoked a permit will not be reissued for three (3) years.
Any person violating this provision shall be subject to forfeiture and for each violation fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) plus statutory costs. (Ord. 2015-6. Passed 10-6-15.)