(a) Definitions for this section.
(1) "Beekeeping" means the keeping or propagation of honeybee hives for collection of honey or other bee products.
(2) "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.
(3) "Composting" means accumulating a mixture of various decaying organic substances, such as dead leaves or manure, intended to be used for fertilizing soil.
(4) "Fowl" means any chicken, duck, goose, turkey, or pigeon.
(5) "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; floral, ornamental, and other non-commercial greenhouse products; and bees and apiary products.
(6) "Hydroponics" means the cultivation of plants in nutrient solution rather than soil.
(7) "Livestock" means 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 (3) hives, each with only one swarm, are allowed on lots of less than ten thousand (10,000) square feet; and
(2) Hives shall not be located within twenty-five (25) feet of any lot line except when situated eight (8) 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 (8) feet above the adjacent existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any lot line within twenty-five (25) feet of a hive and extending at least twenty (20) feet beyond the hive in both directions.
(c) 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.
(d) Composting. Composting shall take place at least fifty (50) feet from any dwelling, except a dwelling associated with the use.
(e) Keeping of Fowl and Rabbits. The keeping of fowl or rabbits is permitted as an accessory use to a dwelling, provided that the number of fowl or rabbits on property less than one (1) acre shall not exceed six (6) and the number of fowl or rabbits kept on property greater than (1) acre shall not exceed (12) twelve, subject to the following provisions:
(1) A dwelling shall be located on the same lot as the fowl or rabbits.
(2) Fowl or rabbits shall be kept within a building, coop, or enclosure, and within a fully enclosed and fenced rear or side yard such that fowl or rabbits may not be at large within the City. The building, coop, or enclosure in which the fowl or rabbits are kept must be at least twenty-five (25) 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 or rabbits 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 or rabbits shall constitute a home-based business and is subject to all applicable provisions of this code.
(g) Location. Beekeeping, composting, home agriculture, and keeping of fowl shall not take place in the front yard of any lot, except:
(1) Plants are integrated with the principal structure's landscaping and primarily serve an ornamental purpose; and
(2) Ten (10) plants grown for use or consumption may be cultivated in a front yard, separate from the principal structure's landscaping, provided such plants do not exceed four (4) feet in height and the planted area does not exceed twelve (12) square feet.
(h) Prohibitions.
(1) Livestock shall not be kept within the City.
(2) Roosters shall not be kept within the City.
(3) Slaughtering and processing more than twelve (12) fowl or rabbits per year is prohibited within the City.
(Passed 10-3-17.)