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South Charleston resident continues challenge of city ordinance denying request for bee keeping

WEST VIRGINIA RECORD

Sunday, November 24, 2024

South Charleston resident continues challenge of city ordinance denying request for bee keeping

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CHARLESTON — South Charleston resident Alex Urban continues his challenge of the city's bee-keeping ordinance after his request to raise bees was denied earlier this year.

Urban has exhausted all other remedies, as the South Charleston city ordinance does not contain any administrative appeal options relating to the appeals from the Property Board of South Charleston, according to a complaint filed Aug. 9 in Kanawha Circuit Court.

Uran claims he resides in an area of South Charleston that is zoned for residential homes — specifically an R-4 zone and South Charleston City Code guarantees residents the right to agriculture in R-4 zoned areas.

When Urban moved to South Charleston, he inquired with city officials about whether or not he needed a permit to keep honeybees and he was told he was required to apply for a permit with the city's property board, according to the suit.

Urban claims he filed his petition on Oct. 20, 2022. He also explained to the property board how he would care for them and where they would live, and checked with his neighbors regarding their agreement to him keeping honeybees.

"In reference to minimizing dangers of honeybees, Mr. Urban explained in the petition that using a smoker to smoke the honeybees keeps the honeybees docile and so they can be easily manipulated and handled," the complaint states. "Mr. Urban also assured the Property Board that he would not enter the hives if his neighbors or their pets were present to ensure their safety."

Urban claims he also explained that the hives would be placed on level ground, would be strapped down to make sure they were stable and he would take all steps to make sure the bees would not bother his neighbors in their ascent and descent from their hives.

When Urban presented his petition to the board, one of the board members, Mike Frye, made the comment that if they granted Urban's petition, they would have to also grant other peoples' petitions, according to the suit.

Urban claims his petition was denied on Jan. 2. He claims the permit denial was unreasonable, arbitrary and capricious. 

Urban has been deprived of the enjoyment of his property and a hobby that has roots in a family tradition that is very meaningful to him because of the denial from the city.

Urban is seeking a court judgment against the defendants, an order declaring his rights, an order declaring that the ordinance is void and preempted by West Virginia code and West Virginia Department of Agriculture regulations and an order issuing a permit to raise the honeybees. He is represented by Guy R. Bucci and Ashley N. Lynch.

The case is assigned to Circuit Judge Tera Salango.

Kanawha Circuit Court case number: 23-C-683

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