Weston City Zoning Code

SUPPLEMENTAL REGULATIONS

§ 157.085 PURPOSE.

The purpose of this subchapter is to establish standards and policies for specific uses in all districts that require particular considerations. These regulations will supplement general development standards by establishing uniform criteria for each use, whether a permitted use by right or a conditional use, and are set forth to achieve compatibility with the principal uses permitted in a zoning district. The provisions for this subchapter shall apply in addition to any other applicable zoning regulations.

(Ord. passed 6-3-2019)

§ 157.086 ABANDONED VEHICLE.

No abandoned motor vehicle shall be permitted on any residential property for more than seven days, unless it is in an enclosed garage.

(Ord. passed 6-3-2019) Penalty, see § 157.999

§ 157.087 ADULT BUSINESS.

(A) No such adult establishment shall be located less than 1,000 feet from a school zone, place of worship or religious institution, 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, and shall not be visible from a public right-of-way or pedestrian walk.

(D) In the event that an activity or business which might fall under a use category other than adult business is combined with or includes activities which 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.

(Ord. passed 6-3-2019) Penalty, see § 157.999

§ 157.088 AUTOMOBILE REPAIR/SERVICE.

Automobile repair or service shall be subject to the following regulations.

(A) The only vehicles which may be stored outside in connection with the business include:

(1) Customer vehicles awaiting service may be stored outside for a period not to exceed two weeks, and a work order or some other written proof must be provided to show that the vehicle is actually awaiting service;

(2) Employees’ personal vehicles used for travel to and from work; and

(3) A vehicle used in connection with the auto repair operation, such as a wrecker.

(B) Vehicles that may not be stored outside are:

(1) Inoperable vehicles not awaiting service;

(2) Inoperable vehicles being scrapped or used for replacement parts for another vehicle being repaired; and

(3) Operable vehicles not awaiting service and not used in connection with the business.

(C) No portion of an automotive repair or service station or any part of their appurtenances or accessory uses shall be placed within five feet of any residential dwelling.

(D) Automobile repair or service shall be screened from neighboring properties with fencing or with a landscaped buffer area.

(Ord. passed 6-3-2019)

§ 157.089 BED AND BREAKFAST INN.

(A) The bed and breakfast inn shall be owner occupied.

(B) No more than six guest rooms suitable to accommodate 12 guests shall be provided. No guest shall be accommodated for more than seven consecutive nights.

(C) Amenities provided by the bed and breakfast, such as swimming pools, porches, or decks, shall be limited for the use of the residents and guests of the facility.

(D) The bed and breakfast shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(E) Meals shall only be provided to overnight guests, except for special events. There shall be no separate cooking facilities in any guest room.

(F) Employment shall not exceed two full-time employees, not including the owner.

(Ord. passed 6-3-2019)

§ 157.090 BOAT STORAGE.

(A) Boats may be no more than 35 feet in length.

(B) Enclosed buildings that contain boat storage shall not exceed 36 feet in height.

(D) Driveway access to individual storage garages or facilities shall be of adequate size such that no vehicle is forced to directly back onto a public street.

(Ord. passed 6-3-2019)

§ 157.091 CAR WASH, AUTOMOBILE.

(A) The minimum distance between any buildings, including accessory uses, and any residential zoning district shall be 20 feet.

(B) Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

(C) A fence with a minimum height of six feet shall be provided along the interior side and rear property line, when adjacent to a dwelling, to protect the dwelling from light and noise and eliminate blowing debris, and to protect adjacent property values. The fence shall be constructed of masonry, concrete, wood, or other similar materials.

(D) All of the area to be utilized by the washing and drying operations, including all ingress and egress areas, shall be paved with concrete, asphalt, or asphaltic concrete.

(E) Where such use is located adjacent to residentially zoned property or property used for residential purposes, hours of operation shall be limited to between 6:00 a.m. and 11:00 p.m.

(F) Five off-street waiting spaces for each car washing device or stall are required, or five off-street waiting spaces for an assembly line type washing establishment, and two parking spaces at the end of each washing bay for drying and hand-finishing vehicles.

(Ord. passed 6-3-2019)

§ 157.092 CHILD DAY CARE FACILITY.

(A) All child care providers, whether state or privately operated, shall obtain a license from the state’s Secretary of State and the Department of Health and Human Resources. Each facility shall also be inspected by the Building Inspector and Fire Marshal to ensure the safety of children and employees.

(B) A facility shall provide a minimum of 35 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 75 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 every day, weather permitting.

(D) The outdoor activity area noted above shall be fenced with a minimum six-foot high fence. All play equipment shall be located in the fenced area.

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

(F) In no instance shall vehicles picking up or dropping off children idle in the street right-of-way or otherwise block public traffic patterns.

(G) Child day care businesses operated from a residence shall be operated by a permanent resident. No changes to the exterior of residences may be made for a child day care business operated from a residence except changes necessary for safety improvements.

(Ord. passed 6-3-2019)

§ 157.093 DOG DAY CARE.

(A) The hours of operation shall be limited daily between 7:00 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 unless the use is combined with a kennel as defined herein.

(D) Indoor recreational area shall be at least 100 square feet per dog, and outdoor recreational area shall be at least 150 square feet per dog.

(E) 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 code.

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

(G) Dogs shall display all required licensing, vaccination, and identification tags. Current records of required licensing and vaccination shall be kept by the dog day care.

(Ord. passed 6-3-2019)

§ 157.094 DWELLING, TOWNHOUSE.

(A) No more than six townhouse units are permitted within each row of buildings.

(B) To break up the mass of attached units, the front facade of each attached unit shall be treated differently, with different building materials and/or different architectural designs or treatments. These treatments shall blend in with the character of the surrounding neighborhood.

(C) Fifteen percent of the property must be dedicated to open space. This does not include required yard setbacks and other site requirements. Maintenance of open space will be the responsibility of either a homeowner’s association or the owner of the complex.

(D) Trash receptacles and equipment must be screened. Separation between rows of buildings shall be required using a driveway or yard space of no less than 20 feet in depth.

(Ord. passed 6-3-2019)

§ 157.095 GARAGE SALES.

(A) No more than four garage sales, yard sales, or rummage sales are permitted within any 12-month period for each residence or household.

(B) For the purpose of this division, garage sale, yard sale, and rummage sale shall be deemed to mean the same thing.

(D) Each garage sale shall not be permitted to last more than 72 hours.

(E) A garage sale shall not include the sale of new merchandise.

(F) Tents may be used during the event subject to division (C) above 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.

(Ord. passed 6-3-2019)

§ 157.096 GAS STATION.

Gasoline service stations shall be subject to the following regulations.

(A) No street entrance or exit of such service station for vehicles shall be within 200 feet of a street entrance or exit of any school, park, or playground conducted for and attended by children.

(B) No building or dispensing equipment or such service station shall be within 100 feet of any hospital, church, or public library.

(C) Equipment above surface or ground for the service of motor vehicles shall be no closer than 15 feet to any property line.

(D) Automobile supplies may be displayed for sale at gasoline pumps at a distance not to exceed five feet from said pumps.

(E) The width of any entrance driveway leading from the public street to such service station shall not exceed 30 feet at its intersection with curb line or edge of pavement.

(F) No two driveways leading from a public street to such service station shall be within 15 feet of each other at their intersection with the curb or street line.

(G) Parking and vehicle access shall be so arranged that there will be no need for the motorist to back over sidewalks or onto streets.

(Ord. passed 6-3-2019)

§ 157.097 GREENHOUSE, NON-COMMERCIAL.

Noncommercial greenhouses shall only be located in the rear yard and shall not create offensive odors or dust or exceed 15 feet in height.

(Ord. passed 6-3-2019)

§ 157.098 HOME-BASED BUSINESS (LOW IMPACT).

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

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

(B) No more than 12 visits to the home-based business shall be allowed per day, except as necessary to operate child care facilities in accordance with the state code and bed and breakfasts; such visits may be addressed in a conditional use permit. A VISIT is defined as a stop at the business premises by one automobile transporting one or more customers, clients, patients, packages, parcels, or other business associates. A VISIT does not include the operator of the business, members of his or her family, or the business employee of a bed and breakfast.

(C) The business or commercial activity shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(D) The home-based business shall not employ individuals living outside the dwelling to physically work at the dwelling, except bed and breakfast may employ two nonresident employees to physically work at the bed and breakfast.

(E) 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.

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

(G) The business activity may not occupy more than 25% of the gross floor area of the residence.

(H) The business may not involve any illegal activity.

(I) Any outdoor display or storage of materials, goods, supplies, or equipment shall be prohibited, except for signs as permitted in this code.

(J) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by off-street parking.

(Ord. passed 6-3-2019)

§ 157.099 HOME-BASED BUSINESS (NO IMPACT).

The business activity must satisfy the following requirements.

(A) No employees other than persons residing in the dwelling shall be employed by the home-based business.

(B) A home-based business shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(D) A home-based business shall not display or sell retail goods or stockpile inventory of a substantial nature.

(E) There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.

(F) The business activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electronic interference, including interference with radio or television reception detectable in the neighborhood.

(G) The business activity shall not generate any solid waste or sewage discharge, in volume or type, not normally associated with residential use in the neighborhood.

(H) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area.

(I) No traffic shall be generated by such home-based business in excess of that normally associated with residential use.

(J) The business may not involve any illegal activity.

(Ord. passed 6-3-2019)

§ 157.100 MEDICAL CANNABIS ORGANIZATIONS.

The following supplemental provisions apply to all medical cannabis organizations or as otherwise specified herein.

(A) No medical cannabis organization shall be located within 1,000 feet of a school, day care, park, place of worship or religious institution, educational institution, or community facility.

(B) No medical cannabis organization shall be located within 500 feet of another medical cannabis organization.

(C) No medical cannabis organization shall be located within 50 feet of property being used for a residential use or property within a residential zoning district.

(D) No more than one medical cannabis dispensary is permitted within the city. No more than one medical cannabis processing facility and no more than one medical cannabis growing facility are permitted within the city.

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

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

(G) Medical cannabis organizations shall possess all applicable state licenses.

(Ord. passed 6-3-2019)

§ 157.101 TELECOMMUNICATIONS FACILITIES.

(A) All wireless telecommunications facilities and freestanding telecommunications towers shall comply with any and all Federal Aviation Administration, Federal Communication Commission, and any other applicable federal and state regulations.

(B) Telecommunication towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).

(C) Telecommunication towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses as approved by the city.

(D) The city may require landscaping on properties with telecommunication facilities or towers in excess of other requirements in this code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing required in this code, yet still within the property boundary where the telecommunication facility or tower is located.

(E) Nothing in this section is construed to regulate satellite signal receiving stations, known as home satellite dishes, whether such dish is used for television reception or other purposes.

(F) Any owner of property used as the location for telecommunication facilities shall maintain such site and all structures in good condition and free from trash, outdoor storage, weeds, and other debris.

(G) If applicable, a copy of the applicant’s Federal Communications Commission (FCC) license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant’s tower shall be submitted with the permit application, including a pictorial representation, such as a silhouette drawing or photograph, of the proposed telecommunications facility.

(H) Unless co-locating as a Class II facility, certification, supported by evidence, that co-locations of the proposed telecommunications facility with an existing approved tower or facility cannot be accommodated is required. Reasons for not co-locating on a site would include, but not be limited to, the following:

(1) No existing towers or facilities are located within a 2,000-foot radius;

(2) Existing towers or facilities are not of sufficient height to meet the applicant’s engineering requirements;

(3) Existing towers or facilities do not have sufficient structural strength to support applicant’s proposed antenna and related equipment;

(4) Applicant’s planned equipment would cause radio frequency interference with other existing or planned equipment of the tower, or facility would cause interference with the applicant’s planned equipment which cannot be reasonably prevented;

(5) Unwillingness of the owner of the existing tower or facility to entertain a co-location proposal; and

(6) Existing towers or facilities do not provide an acceptable location for requisite coverage for the applicant’s communications network.

(I) The following shall apply to all Class I telecommunications facilities.

(1) Class I telecommunications facilities shall not exceed a height of 60 feet above grade.

(2) A building permit is required prior to contracting a Class I facility over six feet in height.

(3) A West Virginia licensed engineer shall certify that the design of a Class I facility is such that in the event of structural failure or collapse, no part of the structure will encroach upon any adjoining property or public right-of-way.

(J) The following shall apply to all Class II telecommunications facilities.

(1) (a) Antennas or associated electronic equipment shall be designed for co-location on an existing, permitted telecommunications tower, or attached to an existing building, water tank, or other existing support structure whose main function is not the support of telecommunication facilities, provided stealth technology is utilized to the fullest extent possible.

(b) Unless specifically being attached to an existing, permitted telecommunications tower, these facilities must be designed utilizing the latest stealth technologies as defined in this code.

(2) All Class II facilities, not to be co-located on an existing telecommunication tower, are required to be screened by natural vegetation or otherwise camouflaged by stealth technology to conform with existing site color, architecture, and landscaping characteristics so as to minimize visual impact, provided the efficacy of the telecommunication facility is not compromised.

(3) A zoning permit is required that shows the siting, placement, screening, co-location or stealth design, camouflage, height, and setback of the Class II facility.

(4) Class II telecommunications facilities which are not co-located on an existing telecommunications tower may be permitted on existing structures if such facilities meet all other requirements of this code. The owner of such structure shall, by written certification to the Zoning Officer, establish the following when plans are submitted for a zoning permit:

(a) Sign an affidavit acknowledging that they understand that the structure will be used to support telecommunication facilities and any ancillary equipment; and

(b) The height from grade of the telecommunications facilities shall not exceed the height from grade of the support structure by more than 20 feet.

(5) Any telecommunications facilities and their appurtenances, located above the primary roof of a support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances located above the primary roof of a structure if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques consistent with the code. Setback requirements shall not apply to stealth antennas mounted to the exterior of structures below the primary roof but which do not protrude more than 18 inches from the side of such a structure.

(K) The following shall apply to all Class III telecommunications facilities.

(1) Class III is reserved for applicants seeking to erect a new telecommunications tower or facility, with associated antennas and electronic equipment. All Class III telecommunication facilities must adhere to the city’s Building Code standards.

(2) Towers are exempt from the maximum height restrictions of the zoning districts where located. Towers shall be permitted to a height of 100 feet, unless the applicant can show good cause to construct a tower exceeding 100 feet. Under no circumstance shall a tower be greater than 200 feet above grade.

(3) Towers shall be designed in such a manner so as to permit future co-location of other carrier’s antennas, rather than construction of additional single-use towers.

(4) A Class III telecommunications facility application is required, in which the applicant must show that the new tower is built to minimize visual impact of the tower through careful design, siting, landscaping, and innovative camouflaging and stealth techniques.

(5) Security fencing, no less than six feet in height, shall be provided around the equipment shed. The fencing shall conform to the requirements found under § 157.121.

(6) Towers shall be set back from all residential property lines a minimum of 100 feet or 100% of the height of the proposed tower, whichever is greater.

(7) Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound.

(L) An application to develop a Class III telecommunications facility shall include:

(1) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application;

(2) The legal description, book, and page number from the record of such land kept in the office of the County Clerk, and address of the parcel of land upon which the tower is situated;

(3) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half mile radius of the proposed new tower site, including city-owned property. The applicant must notify such property owners by certified mail in writing and supply the city with copies of such notices;

(4) The names, addresses, and telephone numbers of adjacent property owners and those property owners within 200 linear feet of the property line of the proposed new tower site, including city- owned property. The applicant must notify such property owners, by certified mail in writing and supply the city with copies of such notices. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property;

(5) A description of the design plan proposed by the applicant in the city. Applicant must identify its utilization of the most recent technological design, including microcell or small cell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell or small cell, cannot be utilized to accomplish the provision of the applicant’s telecommunications services;

(6) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant’s telecommunications facilities on another usable tower located within a one-half mile radius of the proposed tower site;

(7) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install the applicant’s telecommunications facilities on a support structure, as a Class II telecommunication facility, owned by other persons located within a one-half mile radius of the proposed tower site;

(8) Written technical evidence from a West Virginia licensed engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person’s tower or usable antenna support structure (as a Class II telecommunication facility) owned by other persons located within one-half mile radius of the proposed tower site;

(9) A written statement from the telecommunications provider that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties;

(10) Written, technical evidence from a licensed engineer(s) acceptable to the Fire Marshal and the Building Official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals;

(11) In order to assist the city in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways;

(12) The Zoning Officer may require an applicant to supplement any information that the Zoning Officer considers inadequate or that the applicant has failed to supply. The city or any of its duly authorized designees may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this division (L). The city shall review applications in a prompt manner and set forth the reasons for approval or denial; and

(13) A fee for management of the application in the amount of $200 must be included with the application. Such fee includes administrative costs for processing this application, including but not limited to, expenses incurred for inspections, document review, and mapping. This fee is non-refundable.

(M) In January of each year, the owner or operator of a communications tower within the city shall submit written report to the city that there have been no changes in the operating characteristics of the communications tower as approved at the time of approval, including, at a minimum:

(1) Copy of the current FCC license, if applicable;

(2) Name, address, and emergency telephone number for the operator of the communications tower;

(3) Copy of certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas; and

(4) At any time during the calendar year, if an amendment to the FCC license is issued, a copy of the amended license shall be submitted to the city.

(N) Bond for removal costs include the following.

(1) At the time of issuance of the permit or application approval for construction of the telecommunication facility, a bond or escrow account shall be posted with the city in an amount certified by the applicant’s engineer to be sufficient, but in no case shall be less than $20,000, to cover the costs of removing such wireless communications facility and disposing of all of its components, together with a financial security agreement authorizing the city to use the funds to remove the facility if the facility is abandoned, and further authorizing the city to place a lien on the premises in the event the escrow or bond is insufficient to cover the costs of removal and disposal.

(2) The financial security agreement shall be executed by both the applicant and the landowner.

(3) At the time of filing of the annual report required in division (M) above, any new owner of the land or of the facility, as well as an organization utilizing the facility, shall reaffirm the validity of the financial security agreement and/or execute a new financial security agreement as may be required by the City Solicitor.

(4) If the Zoning Officer finds that an abandoned telecommunications facility has not been removed within 90 days of the cessation of use, said officer shall give written notice to the owner of the building or premises on which such facility is located.

(5) Removal of the facility shall be effected within 15 days after receipt of the notice. If such facility is not removed after the conclusion of the 15-day period, the Zoning Officer is hereby authorized to cause the antenna to be removed at the expense of the owner of the building or premises on which such antenna is located.

(6) If the escrow or bond is insufficient to cover the entire cost of removal and disposal, the city may place a lien upon the premises that may be collected in accordance with the rules for collection of municipal liens.

(Ord. passed 6-3-2019)

§ 157.102 URBAN AGRICULTURE.

(A) For the purpose 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.

HOME AGRICULTURE. 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.

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) 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) The keeping of rabbits is permitted as an accessory use to a dwelling, provided that the number of rabbits on property less than one acre shall not exceed six and the number of rabbits kept on property greater than one acre shall not exceed 12, subject to the following provisions.

(1) A dwelling shall be located on the same lot as the rabbits.

(2) Rabbits shall be kept within a building, coop, or enclosure, and within a fully enclosed and fenced rear or side yard such that rabbits may not be at large within the city. The building, coop, or enclosure in which the rabbits are kept must be at least ten 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 state’s Building Code.

(3) A permit is required for keeping 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.

(E) Any sale resulting from composting, home agriculture, or keeping of rabbits shall constitute a home-based business and is subject to all applicable provisions of this code.

(F) (1) Composting, home agriculture, and keeping of rabbits shall not take place in the front yard of any lot, except plants that are integrated with the principal structure’s landscaping and primarily serve an ornamental purpose.

(2) Any of these practices occurring in the front yard at the time of enactment of this chapter shall be deemed a nonconforming use which may not be expanded, including by adding new plantings intended for home agriculture.

(G) Prohibitions include the following:

(1) Beekeeping;

(2) Livestock shall not be kept within the city, except up to two livestock animals under 100 pounds that are primarily kept indoors as pets; and

(3) Slaughtering and processing more than 12 rabbits per year is prohibited within the city.

(Ord. passed 6-3-2019)

§ 157.103 WIND ENERGY SYSTEMS.

(A) 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) The requirements set forth in this section shall govern the siting of wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to the state’s net metering laws, serve as an independent source of energy, or serve in a hybrid system.

(C) The requirements for siting and construction of all small wind energy systems regulated by this section shall include the following.

(1) Small wind energy towers shall maintain a galvanized steel finish, unless 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 by the city.

(2) Wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or appropriate authority.

(3) No tower shall have any sign, writing, or image that may be construed as advertising by the Zoning Officer or designee.

(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 70 feet on a parcel. When situated on or attached to a building, the total height shall not exceed 70 feet. The building itself shall otherwise conform with the applicable height requirement under this chapter.

(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 delineated in Article 527 of the city code. 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 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blades shall also be ten feet above the height of any structure within 75 feet of the base. The supporting tower shall also 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 C.S.R. 150-33-4.

(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 47 C.F.R. Part 15 and subsequent revisions governing said emissions.

(D) Federal and state requirements are as follows.

(1) Compliance with the 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 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 W. Va. Code 24-2F-8 and Code Of State Rules (“C.S.R.”) Title 150, Series 33.

(E) (1) The wind energy system shall be set back a distance at least equal to 110% of the height of the tower plus the blade length from all adjacent property lines and a distance equal at least to 150% of the tower height plus blade length from any dwelling inhabited by humans on neighboring property.

(2) Additionally, no portion of the wind energy system, including guy wire anchors, may be extended closer than ten feet to the property line.

(F) (1) Any wind energy system found to be unsafe by the Building Official shall be repaired by the owner to meet federal, state, and local safety standards or removed within six months.

(2) Any wind energy system that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of the system shall remove the turbine within 90 days of receipt of notice from the city instructing the owner to remove the abandoned wind energy system.

(Ord. passed 6-3-2019)

§ 157.104 VIDEO GAMING OR LOTTERY ESTABLISHMENTS.

(A) No public entrance to a video gaming or lottery establishment within the city shall be located within 1,000 feet of the closest public entrance of any gambling establishment, church, place of worship, library, public park, public playground, school, children daycare center, nursing or personal care home, continuous care facility, or rehabilitation facility that is located within the city.

(B) The distance prescribed in division (A) above shall be measured along a straight line beginning at a point or points from any public entrance or entrances of a gambling establishment existing or proposed to exist.