1304.11 URBAN AGRICULTURE.
   (a)   Definitions for this Section.
      (1)   "Community Garden" means 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.
      (2)   "Fowl" means any chicken, duck, goose, turkey, or pigeon.
      (3)   "Home Agriculture" means the gardening or production, principally for use or consumption of the property owner or resident, of plants or their products including but is not limited to fruits of all kinds including grapes, nuts, and berries; vegetables; and floral, ornamental, and other non-commercial greenhouse products.
      (4)   "Hydroponics" means the cultivation of plants in nutrient solution rather than soil.
      (5)   "Livestock" means any hog, pig, goat, cow, horse, pony, emu, alpaca, or other hoofed animal.
   (b)   Community Gardens. The responsibility of managing, maintenance, and operations of community garden sites shall be that of the land owner 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.
   (c)   Keeping of Fowl. The keeping of fowl is permitted as an accessory use to a dwelling, provided that the number of fowl on property shall not exceed two (2), 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 Town. The building, coop, or enclosure in which the fowl are kept must be at least fifteen (15) feet from any dwelling, except the primary dwelling situated on the property. 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 Town. A permit may be obtained from the Town Clerk after application to the Zoning Officer and an inspection performed by the Zoning Officer.
      (4)   Any sale resulting from home agriculture or keeping of fowl shall constitute a home-based business and is subject to all applicable provisions of this code.
      (5)   Prohibitions.
         A.   Beekeeping shall not occur within the town.
         B.   Livestock shall not be kept within the town.
         C.   Roosters shall not be kept within the town.
         D.   Slaughtering and processing fowl is prohibited within the town.
         E.   Composting is prohibited. (Passed 8-28-18.)