The purpose of the supplemental regulations is to provide for special situations with specific uses that must be regulated in such a manner as to promote orderly development and to protect the public health, safety, and general welfare of the community. The following supplemental regulations have been deemed necessary to clarify and carry out the overall intent of this Ordinance. These supplemental regulations are requirements in addition to those that may be required for a zoning permit for a permitted use or required by a conditional use permit.

(Ord. of 5-9-2023)

(a)

No such adult establishment shall be located less than one thousand feet from a school zone, place of worship, library, day care center, civic building, park, historic district, dwelling, lot with residential districting, or other adult establishment as measured from front door to front door along the curb line of public streets providing access.

(b)

All doors, windows, and other apertures shall be located and covered or screened with opaque glazing to discourage and prevent visibility or viewing of the interior.

(c)

No exterior signage, building element, advertisement, display, or other promotional material shall be pornographic in nature or convey any such idea or element to specified anatomical areas, as defined in this Code.

(d)

In the event that an activity or business that might fall under a use category other than adult business is combined with or includes activities that constitute an adult bookstore, adult movie theater or movie house, or adult entertainment, as defined herein, then such activity or business shall constitute an adult business and shall be governed by those provisions in this Code applicable to adult business uses, in addition to those provisions that govern the combined use.

(Ord. of 5-9-2023)

Agritourism enterprises are subject to the following regulations:

(a)

Minimum acreage. Agritourism enterprises are only permitted on properties with a minimum lot size of five acres.

(b)

Application and approval process.

(1)

No part of an agritourism operation shall be located within fifty feet of any lot line.

(2)

Sanitary facilities shall be provided in accordance with applicable county health department requirements.

(3)

All prepared food available for sale must be prepared in accordance with applicable federal, state, or local regulations.

(4)

A parking plan must be submitted as part of the permit process.

(5)

Permits for all agritourism enterprises shall be renewed annually.

(c)

Operations.

(1)

Agritourism enterprises shall not be operated earlier than 7:00 a.m. nor later than 11:59 p.m.

(2)

All parking is required to be on site. Parking is not permitted in the street right-of-way.

(3)

Special events are allowed in accordance with the requirements under section 27-75.

(4)

The agritourism enterprise may, but need not, include:

(i)

Daily tours of the production facilities.

(ii)

No more than one location for the on-premises sale and consumption of alcoholic beverages manufactured on site, including a tasting facility. Any tasting facility shall be primarily operated for the marketing and sale of the agricultural products produced or processed at the facility. Alcohol related products shall be limited to those produced, distilled, or bottled by the operator or grown on the premises.

(iii)

Accessory gift shop. The sale of goods or merchandise may occur on the premises, but are limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the operation and directly related thereto.

(Ord. of 5-9-2023)

(a)

A bed and breakfast inn may or may not offer ancillary services such as providing breakfast, private parties, and evening and lunch meals to guests; holding outdoor events such as weddings, fundraising or civic events for local clubs, and special dinners or meals; and operating gift shops.

(b)

All private residences used as bed and breakfast inns shall be indistinguishable from surrounding residential units.

(c)

Signs for residences used as a bed and breakfast inn are subject to the sign regulations for signs accessory to dwellings.

(d)

Cooking facilities within bedrooms are prohibited.

(e)

A bed and breakfast inn shall not employ individuals other than a permanent resident of the private residence.

(f)

All bed and breakfast inns shall comply with the provisions of West Virginia Code Section 29-3-16c, Safety Standards for Bed and Breakfast Establishments.

(Ord. of 5-9-2023)

(a)

All child care providers, whether state or privately operated, shall obtain a license from the West Virginia Secretary of State and the Department of Health and Human Resources. Each facility shall also be inspected by the zoning officer and fire marshal to ensure the safety of children and employees.

(b)

A facility shall provide a minimum of thirty-five square feet of usable space per child. Any rooms or areas that have not been approved for the use of children shall be inaccessible. No activity space may be created in the basement of a structure unless expressly approved by the fire marshal.

(c)

A secured outdoor activity area must be provided by the facility allowing a minimum of seventy-five square feet of space per child. Should the minimum space not be available, a rotating outdoor activity schedule shall be established to meet the minimum requirements and ensure that each child be afforded outdoor playtime everyday, weather permitting.

(d)

The outdoor activity area noted above shall be fenced with a minimum of six foot high fence. All play equipment shall be located in the fenced area. All gates shall be self-latching.

(e)

Parks may be used to meet outdoor activity requirements if located immediately adjacent to the facility.

(Ord. of 5-9-2023)

All dog day care facilities must comply with the following criteria:

(a)

The hours of operation shall be limited daily any time between 5:00 a.m. and 9:00 p.m.

(b)

Dogs may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold, or let for hire.

(c)

There shall be no more than thirty dogs on the premises at one time.

(d)

Provide indoor and outdoor recreational areas for dogs. Indoor recreational area shall be at least one hundred square feet per dog, and outdoor recreational area shall be at least one hundred and fifty square feet per dog.

(e)

Provide sight-obscuring fencing for all on-site outdoor recreation areas. The fence shall provide full containment for the dogs and be secured at all times. The fence structure shall be deep enough and secured to the ground to prevent escape and high enough to prevent dogs from jumping or climbing over. The fence shall comply with all fence provisions in this Ordinance.

(f)

If there is a grooming facility on site, it must be physically separated from primary enclosure areas and food storage.

(g)

Feces, hair, dirt, debris, and food waste must be removed at least daily or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests and odors.

(Ord. of 5-9-2023)

(a)

A permit is required for each mass gathering event.

(b)

The applicant shall be the owner or co-owner of the property. An owner or a representative of the owner shall be present on the property at all times during the mass gathering event.

(c)

Mass events shall occur outdoors, in temporary structures, or existing permanent structures. New permanent structures shall not be constructed for special events.

(d)

Mas events hall cause no alteration to land including, but not limited to, grading, filling, or paving.

(e)

The duration of each mass event shall not exceed three consecutive days, provided activities shall only occur between the hours of 10:00 a.m. and 11:59 p.m.

(f)

Within any single calendar year, a parcel may host no more than four mass events.

(g)

A parking plan shall be submitted as part of the permit process. Adequate on-site parking areas shall be provided to accommodate the number of vehicles expected. Off-site parking areas are permitted if the applicant provides written authorization from the property owner for those sites. The applicant shall post signs safely directing people to the parking sites. There shall be no parking on any public roads.

(h)

Local emergency medical services (EMS) shall be notified of all mass events. The holder of the mass event shall provide EMS with the number of people projected to attend.

(i)

All garbage shall be removed from the site within five days.

(j)

Trained security is required onsite for all mass events.

(k)

All lighting and sound shall be aligned so as to minimize impact on nearby residents and shall conform to requirements of this Code and other applicable city ordinances.

(l)

The site shall provide potable water supply and proper sanitation facilities.

(m)

The sale of alcohol is permitted. All sales of alcohol shall be regulated by the West Virginia Alcohol Beverage Control Administration.

(n)

The owner of the property shall procure a liability insurance policy. Proof of the liability insurance in the minimum amount of two million dollars per occurrence shall be submitted with the permit application.

(o)

All mass gathering events shall contract with the following agencies: the City of Montgomery Police Department and garbage removal services, a West Virginia licensed EMS provider, licensed towing company, the applicable county health department (approval or permit required), West Virginia Division of Highways (approval or permit required), and applicable County Homeland Security. Proof of contract shall be submitted with the permit application.

(Ord. of 5-9-2023)

(a)

A permit is required for each special event.

(b)

The permit applicant shall be the owner or co-owner of the property. An owner or a representative of the owner shall be present on the property at all times during the special event.

(c)

Special events shall occur outdoors, in temporary structures, or existing permanent structures. New permanent structures shall not be constructed for special events.

(d)

Special events shall cause no alteration to land including, but not limited to, grading, filling, or paving.

(e)

The duration of each special event shall not exceed three consecutive days, provided activities shall occur only between the hours of 7:00 a.m. and 11:59 p.m.

(f)

A parking plan shall be submitted as part of the permit process.

(g)

The owner of the property shall procure a liability insurance policy. Proof of the liability insurance in the minimum amount of one million dollars per occurrence shall be submitted with the permit application.

(h)

Local emergency medical services (EMS) shall be notified of all events. The holder of the event shall provide EMS with the number of people projected to attend.

(Ord. of 5-9-2023)

Factory-built home neighborhoods are subject to the following provisions:

(a)

The minimum tract for a factory-built home neighborhood shall be not less than five acres.

(b)

Setbacks of twenty-five feet from the front, rear, and side lot lines of the entire factory-built home neighborhood shall be maintained.

(c)

A minimum five thousand square foot lot shall be maintained for each factory-built home.

(d)

No more than seven factory-built homes may be placed on a single acre.

(e)

Each factory-built home shall be at least thirty feet apart, with each factory-built home having at least a twelve foot side yard. Front and rear yards for each factory-built home shall not be less than fifteen feet.

(Ord. of 5-9-2023)

(a)

No more than twelve garage sales, yard sales, or rummage sales are permitted within any twelve month period for each residence, with only one permitted per month.

(b)

For the purpose of this section, garage sale, yard sale, and rummage sale shall be deemed to mean the same thing.

(c)

Sales must be contained within the individual's property and may not encroach into a public right-of-way.

(d)

Each garage sale shall not be permitted to last more than four days.

(e)

A garage sale shall not include the sale of new merchandise.

(f)

Tents may be used during the event subject to subsection (c) and must be removed immediately following the conclusion of each event.

(g)

All items must be removed from the exterior of the premises at the end of the sales event.

(h)

All persons desiring to conduct a garage sale, except for 501(c)(3) nonprofit organizations, must first obtain a zoning permit for the temporary use.

(Ord. of 5-9-2023)

The business or commercial activity conducted as a home-based business must satisfy the following criteria:

(a)

There shall be no appearance of the business on the exterior of the dwelling.

(b)

Customer, client, patient, or other traffic shall be restricted to 8:00 a.m. to 6:00 p.m. daily.

(c)

No more than twelve visits to the home-based business shall be allowed per day, except as necessary to operate childcare facilities in accordance with the West Virginia Code; such visits may be addressed in a conditional use permit. A "visit" is defined as a stop at the premises by one automobile transporting one or more customers, clients, patients, packages/parcels, or other business associates or items. A visit does not include the operator of the business, members of his/her family, or a business employee.

(d)

The home-based business shall be compatible with the use of the property as a residence and surrounding residences.

(e)

The home-based business may employ one individual not residing in the dwelling.

(f)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(g)

The business or commercial activity may not use any equipment or processes that create noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception detectable in the surrounding neighborhood.

(h)

The business or commercial activity may not generate any solid waste or sewage discharge, in volume or type, not normally associated with the use of a dwelling in the neighborhood.

(i)

The business activity may not occupy more than twenty-five percent of the gross floor area of the residence.

(j)

The business may not involve any illegal activity or mortuary services.

(Ord. of 5-9-2023)

(a)

A medical cannabis organization shall not be located within fifty feet of a property any portion of which is used for residential purposes or is within a residential zoning district.

(b)

A medical cannabis growing facility or medical cannabis processing facility shall not be located within five hundred feet of the property line of a school or church.

(c)

A medical cannabis dispensary shall not be located within one thousand feet of the property line of a church; public or private school; or a day care center.

(d)

No more than two medical cannabis dispensaries, two medical cannabis processing facilities, and two medical cannabis growing facilities may be located within City of Montgomery.

(e)

The only medical cannabis uses permitted under this Ordinance are those expressly defined and permitted herein. Medical cannabis organizations may not be combined with other uses.

(f)

There shall be no emission of dust, fumes, vapors, or odors into the environment from the premises of a medical cannabis organization.

(g)

Medical cannabis organizations shall possess all applicable state licenses.

(Ord. of 5-9-2023)

(a)

The total number of such establishments in concurrent operation within any zoning district where permitted shall not exceed two per county and four total.

(b)

The gross floor area to customer ratio shall be fifty square feet of gross floor area for every one customer.

(c)

No night clubs, taverns, or brewery pubs shall share a lot line with a residential district or a residential use.

(Ord. of 5-9-2023)

No gas station shall have a vehicular entrance less than two hundred feet to an entrance to a church, school, theater, hospital, public park, playground, or fire station, measured as the shortest distance between the nearest points of entrance. Gasoline pumps must be at least fifty feet from any side property line.

(Ord. of 5-9-2023)

(a)

No activities that involve charging admission or are solely performance activities are permitted as part of this use.

(b)

No more than two receptions are allowed per week per reception facility.

(c)

The owner or his or her designated representative shall be physically present on the property at all times during receptions.

(d)

All outdoor receptions, temporary structures, and parking areas associated with a reception shall be located one hundred and fifty feet to any property line.

(e)

All receptions, whether indoor or outdoor, shall end no later than 11:00 p.m.

(f)

Lighting may be used for the duration of the reception only and may not shine or produce glare on adjacent properties.

(g)

A consistent vegetative buffer shall be located between all parking areas and adjacent residential uses and districts. The buffer shall include evergreen plantings at least three feet in height.

(h)

Parking shall be in compliance with this Code. No parking by patrons shall be permitted on any public road. The owner(s) shall ensure that ingress and egress during the reception to the venue does not cause congestion on any public road.

(i)

The owner(s) shall be responsible for the following: (1) sanitation (municipal waste and recycling) facilities at the reception commensurate with the number of patrons attending and (2) sanitary sewer facilities at the reception commensurate with the number of patrons attending.

(j)

The operation of the use shall at all times comply with all federal, state, and local laws and regulations.

(Ord. of 5-9-2023)

(a)

Purpose. The purpose of this Ordinance is to promote the health, safety, and welfare of the public while shooting activity is ongoing within the City of Montgomery's jurisdiction. Other purposes of this Ordinance include:

(1)

To ensure the safety of all individuals within the vicinity of a shooting range, whether indoor or outdoor.

(2)

To ensure that no damage occurs to property within the vicinity of and resulting from a shooting range.

(3)

To ensure that indoor and outdoor shooting ranges are constructed in areas and buildings that are adequately designed to allow for safe operation.

(4)

To ensure that shooting activities at shooting ranges are conducted during hours of operation that minimize the disturbance of neighboring landowners and homeowners.

(5)

To ensure that lighting from night shooting is sufficiently contained to the shooting range.

(6)

To ensure that noise mitigation measures are taken to reduce the amount of disturbance to neighboring landowners and homeowners.

(7)

To ensure that harmful waste is safely stored to prevent harm external to shooting range properties.

(b)

General provisions.

(1)

Pursuant to W. Va. Code § 20-2-58, it shall be unlawful to discharge a firearm at a noncommercial or commercial outdoor shooting range:

i.

Within five hundred feet of any school or church; or

ii.

Within five hundred feet of a dwelling; provided, that a person who is a resident of a dwelling house, and his or her authorized guest, may shoot or discharge a firearm in a lawful manner within five hundred feet of the dwelling house where the person lives, if the firearm is being discharged with the express or implied knowledge and consent of all residents of that dwelling house, and no other dwelling houses are located within five hundred feet of where the firearm is discharged.

(2)

All shooting ranges operating within the City of Montgomery should refer to the NRA's Range Source Book and the United States Department of Energy Range Design Criteria for guidance in safely constructing shooting ranges.

(3)

The City of Montgomery may hire experts necessary, at the shooting range owner or operator's expense, to ensure compliance with this section prior to issuing a zoning permit and to review evidence of noncompliance with this section.

(4)

All shooting ranges are subject to the sound limitations found in section 27-66a and light limitations found in section 27-58.

(c)

Noncommercial outdoor shooting range.

(1)

All noncommercial outdoor shooting ranges shall be constructed such that a bullet cannot exit the property on which the shooting range is located when the shooter is aimed at the target(s).

(2)

All shooting range activities shall occur within the timeframe from two hours before sunrise and two hours after sunset.

(3)

When not in use, all impermanent materials used as targets or otherwise for the shooting range shall be removed from the shooting range and stored in an area that is not visible from nearby public rights-of-way.

(d)

Noncommercial indoor shooting range. All noncommercial indoor shooting ranges shall be constructed such that a bullet cannot exit the building within which shooting activity occurs.

(e)

Commercial outdoor shooting range.

(1)

All noncommercial outdoor shooting ranges shall be constructed such that a bullet cannot exit the property on which the shooting range is located when the shooter is aimed at the target(s).

(2)

Commercial outdoor shooting ranges shall not operate outside the hours of 10:00 a.m. to 10:00 p.m.

(3)

All commercial outdoor shooting ranges shall be surrounded by a landscaped buffer area consisting solely of evergreen vegetation that will reach at least eight feet in height at maturity or privacy fencing at least eight feet tall.

(4)

All waste potentially containing lead or other toxic materials shall be safely gathered and stored such that contaminants do not leave the property on which they accumulated.

(f)

Commercial indoor shooting range.

(1)

All commercial indoor shooting ranges shall be constructed such that a bullet cannot exit the building where shooting activity occurs.

(2)

All waste potentially containing lead or other toxic materials shall be safely gathered and stored such that contaminants do not leave the property on which they accumulated.

(Ord. of 5-9-2023)

(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, guinea fowl, 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 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.

(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 hives, each with only one swarm, are allowed on lots of less than ten thousand square feet; and

(2)

Hives shall not be located within ten 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 twenty-five feet of a hive and extending at least twenty feet beyond the hive in both directions.

(3)

Hives shall only be located in rear yards or side yards not adjacent to a street.

(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 fifty feet from any dwelling other than the dwelling associated with the use.

(e)

Incidental sales. Any sale resulting from beekeeping, composting, or home agriculture shall constitute a home-based business and is subject to all applicable provisions of this Code.

(f)

Location. Beekeeping, composting, and home agriculture shall not take place in the front yard of any lot, except:

(1)

Plants that are integrated with the principal structure's landscaping and primarily serve an ornamental purpose; and

(2)

Ten 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 feet in height and the planted area does not exceed twelve square feet.

(g)

Prohibitions.

(1)

Livestock shall not be kept within the city.

(2)

Fowl, including roosters, shall not be kept within the city.

(Ord. of 5-9-2023)

Vehicle, boat, and marine repair, service, sales, and rental uses shall be subject to the following conditions:

(a)

Outdoor storage areas shall be located within the side or rear yards and screened from adjacent properties with fencing or with a landscaped buffer area, except that new and used vehicles and boats currently being offered for sale, rent, or lease may be located in the front yard, subject to yard, setback, and other requirements of this Code.

(b)

Activities involving excessive noise shall be conducted entirely within the confines of a building sufficiently sound-insulated to effectively confine the noise.

(c)

No vehicle, boat, or marine repair, service, sales, and rental uses shall be located less than one hundred feet from a residential district.

(d)

Vehicle, boat, and marine sales uses shall have a minimum of six thousand square feet of outdoor display area.

(Ord. of 5-9-2023)

Establishments that offer or provide video gaming or lottery regulated under the provisions of the Limited Video Lottery Act, West Virginia Code Section 29-22B-101 et. seq., shall not be located within one thousand and five hundred feet of any school zone, childcare facility, place of worship or religious institution, park, community center or facility, library, recreation center or facility, public building or public arena, or any other similar structure, or any other structure that houses an establishment that offers or provides video gaming or lottery, measured in a straight line from the nearest point of the wall of the establishment offering video gaming or lottery to the nearest property line of said school zone, school, place of worship or religious institution, park, community center or facility, recreation center or facility, public building or public arena, or any other similar structure, or any other structure that houses an establishment that offers or provides video gaming or lottery.

(Ord. of 5-9-2023)

(a)

Purpose. The purpose of this section is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective, and efficient use of such systems.

(b)

Applicability. The requirements set forth in this section shall govern the siting of wind energy systems used to generate electricity or perform work that may be connected to the utility grid pursuant to West Virginia's net metering laws, serve as an independent source of energy, or serve in a hybrid system.

(c)

Siting requirements. The requirements for siting and construction of all wind energy systems regulated by this Section shall include the following:

(1)

Wind energy towers shall maintain a galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. A wind energy tower may be erected, maintained, or operated on or as an attachment to a building on a lot. A photo simulation may be required.

(2)

Wind energy systems shall not be artificially lighted unless required by the FAA or appropriate authority.

(3)

No tower shall be used to display a sign.

(4)

The applicant shall provide evidence that the proposed height of the wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system. The tower height shall not exceed a maximum height of seventy feet on a parcel. When situated on or attached to a building, the total height shall not exceed seventy feet. The building itself shall otherwise comply with the applicable height requirement under this Ordinance.

(5)

The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected, customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. Notification will take place by having the electric utility provider sign the conditional use permit application, but such signature does not construe approval for net metering by the electric utility.

(6)

Wind energy systems shall adhere to noise limits as established in the City of Montgomery. These levels, however, may be exceeded during short-term events such as utility outages or severe windstorms.

(7)

The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(8)

The minimum distance between the ground and any protruding blade utilized on a small wind energy system shall be fifteen feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blades shall be ten feet above the height of any structure within seventy-five feet of the base. The supporting tower shall be enclosed with a six foot tall fence, or the base of the tower shall not be climbable for a distance of ten feet.

(9)

The applicant will provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements as set forth in W. Va. Code R. 150-33-4 (2011), as amended.

(10)

The small wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions.

(d)

Federal and state requirements.

(1)

Compliance with the Montgomery Building Code. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including tower, base, and footings. An engineering analysis of the tower showing compliance with the Montgomery Building Code and certified by a licensed professional engineer shall also be submitted.

(2)

Compliance with FAA Regulations. Wind energy systems must comply with applicable FAA regulations.

(3)

Compliance with National Electric Code. Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(4)

Compliance with regulations governing energy net metering. Wind energy systems connected to the utility grid must comply with West Virginia Code Section 24-2F-8 and West Virginia Administrative Code Title 150, Series 33, as amended.

(e)

Setbacks. The wind energy system shall be setback a distance at least equal to one hundred and ten percent of the height of the tower plus the blade length from all adjacent property lines and a distance equal at least to one hundred and fifty percent of the tower height plus blade length from any dwelling inhabited by humans on neighboring property. Additionally no portion of the wind energy system, including guy wire anchors, may be extended closer than ten feet to the property line.

(f)

Removal of defective or abandoned wind energy systems. Any wind energy system found to be unsafe by the zoning officer shall be repaired by the owner to meet federal, state, and local safety standards or removed within six months. Any wind energy system that is not operated for a continuous period of twelve months shall be considered abandoned and the owner of the system shall remove the turbine within ninety days of receipt of notice from the zoning officer instructing the owner to remove the abandoned wind energy system.

(Ord. of 5-9-2023)