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HomeMy WebLinkAboutCLE202000081 Application 2021-01-19c 61111 III r"A• Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY OR DISTILLERY For farm wineries, breweries, and distilleries established after January 18, 2017, the following requirements must be met in order to hold events or activities, excluding those permitted by right: A minimum of 5 acres of agricultural product planted on -site to be used in beverage production • On -site facilities for fermenting or distilling • For farm wineries and farm distilleries, on -site facilities for bottling (portable botting equipment is acceptable) • A tasting room with regular hours open to the public (hours by appointment only may satisfy the event eligibility requirement with a special exception) For events and activities the following shall apply: By Right (No Permit Required) Zoning Clearance Special Use Permit • Growing, harvesting and pro- For farm wineries, farm brewer- . Events or activities with duction related to the making of ies & farm distilleries estab- over 200 attendees at wine, beer, or distilled spirits lished after December 9, 2015, any time. This includes • Tasting of wine, beer, or events or activities generating multiple events on the distilled spirits either over 50 vehicle trips per same farm where multi - day or occurring on sites under ple licenses have been • Direct sale of spirits, related 21 acres in size. granted for two or more items and incidental gifts (ex. operations. The cumu- bottle openers, glasses, See list below for applicable lative total of attendees t-shirts, etc.) events or activities for all events is consid- • Storage, wholesaling & ship- Outdoor amplified music ered for the Special ping in accordance with ABC Use Permit require - regulations ment. Events and activities subject to zoning clearance and event eligibility requirements: • Wine, beer or distilled spirits - fairs or festivals, - receptions where wine, beer or distilled spirits are sold or served, - club meetings and activities, - tasting educational seminars, - tasting luncheons, business meetings, and corporate luncheons with a focus on selling wine, beer or distilled spirits. • Gatherings with the purpose of promoting sales to the trade. • Winemaker, brewmaster, or distiller dinners where wine, beer or distilled spirits are paired with food. Agritourism promotions. • Fundraisers and charity events. Weddings and wedding receptions • Other events not expressly authorized that are agritourism events or are sales related events, which are de- termined to be usual and customary at farm wineries or farm breweries or farm distilleries throughout the Commonwealth. oil 1: N r't • Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY OR DISTILLERY Using GIS web map or a physical survey of your property, please provide a sketch plan that shows the following: Location of all structures used for the events or activities - Approval of a building permit is needed for all new structures to be used for events and activities. i Location of parking - Provide one (1) 9' X 18' parking space per two and one-half (2.5) visitors, plus one (1) space per employee (includes caterers, musicians and vendors). The final number required will be calculated once it is clear how many visitors are proposed. Location of the entrance to be used by visitors to the events or activities - The clearance will be sent to VDOT to confirm entrance standards are met with your proposal. if VDOT proposes entrance improvements, you will be notified of their requirements and your zoning clearance will not be approved until VDOT has given approval. Location of tents and portable toilets - if you propose to have a tent and or provide portable toilets then show the locations on the map. For structures built afterMav 5. 2010 and all proposed tents, portable toilets and off-street parking areas, the following setback re uirements apply* Front Side Rear Primary & accessory 75' - from public road 25' 35' structures right -of way 25' - from internal road or private road right -of way Parking Areas 75' - from public road 125' 125' right -of way 25' - from internal road or private road right -of way Tents & Portable toilets 125' 125' 125' • Minimum required yard may be reduced by the Board of supervisors upon consideration of the following: (1) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (fill written consent has been provided by the owner of the abutting lot consenting to the reduction. • Land disturbance - If you propose to disturb greater than 10,000 square feet of area for your operation then you must contact the County Engineer regarding additional requirements. • Uses prohibited - Restaurants and helicopter rides are prohibited. Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY OR DISTILLERY ADDITIONAL INFORMATION FOR YOUR FARM WINERY, BREWERY OR DISTILLERY Neighbor notification - When submitting a zoning clearance application to the County, written notice is required to be mailed to all abutting properties under different ownership and should identify the proposed size, type, and frequency of events, and the name and telephone number of a contact person who will be on -site during the events. Outdoor amplified music - If you propose to have outdoor amplified music either during your daily tasting room operation or at your permitted events and activities then a separate zoning clearance must be obtained prior to generating any outdoor amplified music. This includes but is not limited to operating a stereo/jukebox or having live music performed. Amplified music that music. Please see the Outdoor Amplified Music zoning clearance for further information. Sound generated by outdoor amplified music shall not exceed the applicable maximum sound levels in section 4.18.04. Outdoor amplified music is prohibited between the hours of 10 pm-7 am Sunday through Thursday and 11 pm-7 am on Friday and Saturday. Mobile Food Vendors - If you propose to allow a mobile food vendor to operate at your farm winery, farm brewery, or farm distillery then a zoning clearance is required to be obtained by each mobile food vendor. Please see the Mobile Food Vendors zoning clearance for further information. Business License - If your events generate income beyond the sale of products) produced on the farm, an additional business license may be required. Contact the Finance Department to determine if an additional business license is needed. Signs- A sign permit is required for freestanding, wall and or temporary signs, except no sign permit is required for an agricultural product sign. If you propose to install signs, then the following regulations apply: Sign Type Number Allowed Sign Area Sign Height Sign Setback (Max) (Max) (Max) (Max) 24 square feet; If more Freestanding 2 than one sign, no sign 12 feet 5 feet shall exceed 12 square feet Wall N/A 40 square feet 20 feet N/A 32 square feet; If more Agricultural product" 2 than one sign, no sign 12 feet 5 feet shall exceed 16 square feet Temporary 1 per street frontage 24 square feet 10 feet 5 feet [ll1N IV 91 Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY OR DISTILLERY Owner/Applicant Must Read and Sign I hereby certify that I understand the requirements outlined and that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. -- May 8, 2020 Signa re n pplicant Date Michael McGinnis, Jr. Printed Name Other Official Date Zoning Official Date FOR OFFICE USE ONLY CLE N 540-836-1383 Daytime phone number of Signatory APPROVALS By who" Receipt M Date Paid Z IIII:hW&0 Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY, OR DISTILLERY RELEVANT DEFINITIONS Farm: The term "farm" means one or more parcels of land, whether such parcels are abutting or not, oper- ated under the same management and whose primary use is agriculture. Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm winery under Virginia Code § 4.1-207. Farm winery event: An event that is not a wedding, a wedding reception, or "other events" as that term is defined in section 5.1.25(c)(5), conducted at a farm winery on one or more days where the purpose is agritourism or to promote wine sales, and which may be, but is not limited to, wine fairs; receptions where wine is sold or served; wine club meetings and activities; wine tasting educational seminars; wine tasting luncheons, business meetings, and corporate luncheons with a focus on selling wines; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; winemakers' dinners where wine is paired with food; agritourism promotions; and fundraisers and charity events. Farm brewery. An establishment located on one or more lots in Albemarle County licensed as a limited brewery under Virginia Code § 4.1-208. Farm brewery event: An event that is not a wedding, a wedding reception, or "other events" as that term is defined in section 5.1.57(c)(5), conducted at a farm brewery on one or more days, where the purpose is agritourism or to promote beer sales, and which may be, but is not limited to, beer festivals; receptions where beer is sold or served; beer club meetings and activities; beer tasting educational seminars; beer tasting luncheons, business meetings, and corporate luncheons with a focus on selling beer; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; brewmasters' dinners where beer is paired with food; agritourism promotions; and fundraisers and charity events. Farm distillery: An establishment located on one or more lots in Albemarle County to which a limited distill- er's license is issued under Virginia Code § 4.1-206. Farm distillery event: An event that is not a wedding, a wedding reception, or "other events" as that term is defined in section 5.1.59(c)(5), conducted at a farm distillery on one or more days, where the purpose is agritourism or to promote the sale of distilled spirits, and which may be, but is not limited to, distilled spirits festivals; receptions where distilled spirits are sold or served; distilled spirits club meetings and activities; distilled spirits tasting educa- tional seminars; distilled spirits tasting luncheons, business meetings, and corporate luncheons with a focus on sell- ing distilled spirits; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; distillers' dinners where distilled spirits are paired with food; agritourism promotions; and fundraisers and charity events. e111: 111111111te Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY, OR DISTILLERY CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany zoning applications (Home Occupation, Zoning Clearance, Zoning Administra- tor Determinations or Appeals, Sign Permits, Building Permits) if the applicant is not the owner. I certify that notice of the application, [County application name and number] was provided to the owner of record of Tax Map [name(s) of the record owners of the parcel] and Parcel Number identified below: by delivering a copy of the application in the manner Hand delivering a copy of the application to [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] All Date Mailing a copy of the application to [Name of the record owner if the record owner is a person; if the own- er of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on to the following address: Date [address; written notice mailed to the owner at the last known address of the owner as shown on the cur- rent real estate tax assessment books or current real estate tax assessment records satisfies this require- ment]. 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