1129.03 ANIMALS.
   (a)    Intent. The regulations of this Section are established to permit the keeping of farm animals in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
   (b)    Agricultural livestock.
      (1)    Agricultural livestock, except as provided in Subsection (b)(2), (d) and (e) below, shall not be permitted in any zoning district.
      (2)    In a residential district, horses may be kept if the total lot area exceeds five (5) acres, provided that no structure, pen or corral for such use shall be within 100 feet of any lot line, and a conditional use permit is obtained from the Board of Zoning Appeals.
   (c)    Dogs and Cats. Any lot, building, structure, enclosure or premises wherein four (4) or more dogs or four (4) or more cats, four (4) months of age or older, are maintained shall be construed to be a kennel and shall not be permitted in any residential district.
   (d)    Chickens, Ducks, Rabbits and Similar Animals. The keeping of chickens, ducks, rabbits and similar farm animals, and cages, coops, and enclosures for the keeping of such animals, shall be governed by the following regulations:
      (1)    Number. No more than one (1) such animal shall be kept on a parcel of land for each eight hundred (800) square feet of parcel or lot area. For a residential lot of four thousand eight hundred (4,800) square feet, this regulation would permit no more than a total of six (6) such animals.
      (2)    Setbacks. The coops or cages housing such animals may not be located in front yard or side yard areas and shall not be located within ten (10) feet, of a side yard line or of a rear yard line. No animals shall be kept in required front yard or side street yard areas.
      (3)    Prohibitions. No roosters, geese or turkeys may be kept in a residential district except on a parcel that is at least one (1) acre in area and only if the coop or cage housing the bird(s) is at least one hundred (100) feet from all property lines. For parcels greater than one (1) acre in area, one (1) additional such bird may be kept for each 24,000 square feet in excess of one (1) acre. No predatory birds may be kept on any property under the regulations of this Section.
   (e)    Bee Keeping. The keeping of bees, and associated beehives, shall be governed by the following regulations.
      (1)    Number.
         A.    In residential districts no more than one (1) beehive shall be kept for each 2,400 square feet of lot area, and no beehive shall be kept on a lot less than 2,400 square feet in area.
         B.    In non-residential districts the number of beehives shall be limited to one (1) for each 1,000 square feet of lot area.
      (2)    Location and Setbacks. No beehive shall be kept closer than ten (10) feet to any lot line and ten (10) feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side yard. The front of any beehive shall face away from the property line of the Residential property closest to the beehive.
      (3)    Fences and Shrubs. A solid fence or dense hedge, known as a “flyway barrier” at least six (6) feet in height, shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines and for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than ten (10) feet from a property line.
      (4)    Water Supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
      (5)    All beekeeping shall be in compliance with Ohio R.C. 909: Apiaries, and all other applicable State of Ohio rules and regulations. Property owners keeping bees must post a copy of their certificate of registration from the Ohio Department of Agriculture on or near the hives.
      (6)    Prohibitions. No Africanized bees may be kept on a property under the regulations of this Section.
   (f)    Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.
   (g)    Animal or Bird Noise. It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises.
   (h)    Slaughtering of Animals. Chickens, ducks, rabbits and similar small animals may be slaughtered on site only inside a garage or other building and only if for use by the occupants of the premises and not for sale. No other farm animal may be slaughtered on site.
(Ord. 2020-4053. Passed 1-7-21.)