(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEEKEEPING. The keeping or propagation of honeybee hives for collection of honey or other bee products.
COMMUNITY GARDEN. A neighborhood-based development with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution, or personal use.
COMPOSTING. Accumulating a mixture of various decaying organic substances, such as dead leaves or manure, intended to be used for fertilizing soil.
FOWL. Any chicken, duck, goose, turkey, guinea fowl, or pigeon.
HOME AGRICULTURE. The gardening or production, principally for use or consumption of the property owner or resident, of plants or their products including but not limited to fruits of all kinds including grapes, nuts, and berries; vegetables; floral, ornamental, and other noncommercial greenhouse products; and bees and apiary products.
HYDROPONICS. The cultivation of plants in nutrient solution rather than soil.
LIVESTOCK. Any hog, pig, goat, cow, horse, pony, emu, alpaca, or other hoofed animal.
(B) Beekeeping. Beekeeping is permitted as an accessory use to a dwelling provided that:
(1) No more than three hives, each with only one swarm, are allowed on lots of less than 10,000 square feet; and
(2) Hives shall not be located within 25 feet of any lot line except when situated eight feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than eight feet above the adjacent existing lot grade and behind a solid fence or hedge six feet high parallel to any lot line within 25 feet of a hive and extending at least 20 feet beyond the hive in both directions.
(3) On any lot where a hive is located, shall be posted a honeybee caution sign in or near the apiary.
(C) Community gardens. The responsibility of managing, maintenance, and operations of community garden sites shall be that of the landowner or designated public or civic entity, nonprofit organization, or other community-based organization. Processing and storage of plants or plant products are prohibited on site. Garden tools and supplies may be stored within an accessory structure.
(D) Composting. Composting shall take place at least 25 feet from any principal use, other than the principal use associated with the accessory use, except that this requirement shall not apply to composting on rooftops.
(E) Keeping of fowl. The keeping of fowl is permitted as an accessory use to a dwelling, provided that the number of fowl shall not exceed six and subject to the following provisions:
(1) A dwelling shall be located on the same lot as the fowl.
(2) Fowl shall be kept within a building, coop, or enclosure, and within a fully enclosed and fenced rear or side yard such that fowl may not be at large within the city. The building, coop, or enclosure in which the fowl are kept must be at least five feet from any dwelling, other than the dwelling associated with the accessory use. The building, coop, or enclosure shall be durably constructed and maintained in conformance with the West Virginia State Building Code.
(3) A permit is required for keeping fowl within the city. A permit may be obtained from the City Clerk after application to the Zoning Officer and an inspection performed by the Zoning Officer.
(F) Incidental sales. Any sale resulting from beekeeping, composting, home agriculture, or keeping of fowl shall constitute a home-based business and is subject to all applicable provisions of this code.
(G) Location. Beekeeping, composting, and keeping of fowl shall not take place in the front yard of any lot. All urban agriculture uses are permitted in side and rear yards, as well as on rooftops.
(H) Prohibitions. The following provisions apply to all districts:
(1) Livestock shall not be kept within the city.
(2) Roosters shall not be kept within the city.
(3) Slaughtering and processing fowl are prohibited within the city, except where such activity occurs within a butcher shop.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999