HomeMy WebLinkAboutZTA201400001 Staff Report Zoning Tex Amendment 2014-03-25COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: Resolution of Intent & Work
Session to Amend the Zoning Ordinance to Address
State Code Requirements for Farms & Farm
Breweries
SUBJECT /PROPOSAL /REQUEST: Resolution of
Intent & Work Session to Amend the Zoning
Ordinance to Address State Code Requirements for
Farms & Farm Breweries
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Wayne
Cilimberg, Greg Kamptner
AGENDA DATE: March 25, 2014
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2014, new State legislation will become effective limiting localities' ability to regulate
activities associated with bonafide agricultural operations and breweries operating on land with agricultural zoning that
use products grown on site in the manufacture of their beer. Under the new legislation, the County's authority to
regulate activities considered "usual and customary" to the operation of a farm or farm brewery would be limited to
reasonable regulations that take into account the economic impact of the regulation on the agricultural operation and
the agricultural nature of the activity. Such activities include agritourism activities and the preparation, processing, or
sale of agricultural, silvicultural, or food products or agricultural or silvicultural-related items incidental to the agricultural
operation (Refer to Attachment A for relevant State Code definitions). Localities' ability to regulate activities occurring on
farms or farm breweries by requiring a special use permit or a zoning clearance would be limited to circumstances
involving "a substantial impact on the health, safety, or general welfare of the public." The farm brewery legislation
includes a list of six activities related to the brewery use itself that are to be allowed by right without any local regulation.
The new legislation for agritourism and farm breweries is similar to the provisions for farm wineries adopted by the
General Assembly in 2007, codified in Virginia Code § 15.2- 2288.3, intended to promote the farm winery industry.
Albemarle County revised its farm winery regulations to implement Virginia Code § 15.2- 2288.3. Under the County's
current regulations (Attachment B), farm wineries are a by right use in the Rural Areas and may engage in a wide range
of usual and customary activities by right. Since they were established, Albemarle County's farm winery regulations
have proven relatively successful in balancing the needs of farm wineries with the property rights of adjacent neighbors
in the Rural Area.
It is staff's opinion that the upcoming changes mandated by the new agritourism and farm breweries legislation are not
a significant departure from the County's current regulation of farm wineries and other agricultural activities in the Rural
Areas. However, staff believes that the County's regulations need to be modified to accommodate breweries,
agritourism activities, and special events occurring at agricultural operations other than a farm winery to ensure
continued compliance with State law and consistent regulatory treatment of these similar activities. The attached
Resolution of Intent would authorize staff to undertake specific ordinance amendments for this purpose (Attachment C).
On April 16, 2014 staff will hold a public roundtable to inform interested parties of the new State legislation, respond to
questions, and receive input that might be relevant to the resulting ordinance amendments. The results of the
roundtable will be provided when the ordinance amendments are before you.
DISCUSSION:
There are a number of key issues addressed in the farm winery regulations that also relate to the potential impacts of
farm breweries and agritourism activities on neighboring Rural Area properties:
Threshold for Substantial Impact
The new legislation does not establish a threshold for what activities occurring at a farm or farm brewery have a
substantial impact on the health, safety, or general welfare of the public. The County's farm winery regulations allow
usual and customary uses related to agritourism or wine sales by right, including weddings and events with under 200
attendees at any given time, tours, hayrides, and exhibits or museums related to wine or to the farm winery. Finger
foods, soups and appetizers may be served, but restaurants are a prohibited use. Events exceeding 200 attendees at
any given time are required to obtain a special use permit. It is staff's recommendation that this 200 person threshold
be expanded to include activities and special events occurring at a farm or farm brewery.
Section 5.1.47.b.2 of the Zoning Ordinance establishes a maximum size threshold for permanent structures used for
farm sales. Structures used for farm sales are limited to 4,000 square feet and require a zoning clearance. To be
consistent with the new state enabling legislation, staff believes a zoning clearance can no longer be required, and
while there can be a maximum by -right size threshold for farm sales, allowance needs to be provided for greater than
4,000 square feet through a special use permit. The size of structures used for production, processing and storage of
agricultural products would continue to not be restricted.
Traffic
While Albemarle County's farm winery regulations do not specifically address traffic, a special use permit for an event
with over 200 attendees at any given time requires a sketch plan addressing parking and traffic circulation both on- and
off -site. Additional transportation safety measures may be required as a condition of the special use permit to mitigate
traffic impacts on roadways serving the property. Staff recommends establishing similar requirements to mitigate traffic
impacts associated with agritourism activities exceeding 200 attendees. In addition, a VDOT permit is required for all
new and modified entrances onto State roads.
Noise
Sound from outdoor amplified music at farm wineries is subject to the maximum decibel levels outlined in Section
4.18.04 (60 dBA day & 55 dBA night for the Rural Areas district). For special events exceeding 200 attendees at any
given time, additional conditions may be applied in order to mitigate impacts of noise on nearby neighbors through the
special use permit process. These conditions have imposed time limits on the use of amplified sound, restricted the
location of speakers or other amplification equipment, and required pre - planning with a professional sound consultant
to ensure compliance with the noise regulations during the event. The Virginia Code does not allow localities to restrict
sounds other than outdoor amplified music beyond the general noise limits specific to that zoning district. Staff
recommends adopting similar provisions for noise associated with activities occurring on farms and farm breweries.
SPthar:k.-
The farm winery regulations apply Rural Areas district minimum yard standards (75' front, 25' side, 35' rear) to all
primary, accessory, and temporary structures and parking areas serving any use permitted on a farm winery. Staff
recommends applying similar provisions to activities occurring in conjunction with an agricultural operation or farm
brewery in order to create an adequate buffer with adjacent land uses.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution of Intent
(Attachment C) and direct staff to draft ordinance language and schedule the zoning text amendment for public hearing.
ATTACHMENTS:
Attachment A: Relevant State Code Definitions
Attachment B: Albemarle County Farm Winery Regulations
Attachment C: Resolution of intent
State Code Definitions
§ 3.2 -300. Definitions.
"Agricultural operation" means any operation devoted to the bona fide production of crops, or
animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and
poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of
products from silviculture activity.
"Production agriculture and silviculture" means the bona fide production or harvesting of
agricultural or silvicultural products but shall not include the processing of agricultural or
silvicultural products or the above ground application or storage of sewage sludge.
§ 3.2 -6400. Definitions
"Agricultural products" means any livestock, aquaculture, poultry, horticultural, floricultural,
viticulture, silvicultural, or other farm crops.
"Agritourism activity" means any activity carried out on a farm or ranch that allows members of
the general public, for recreational, entertainment, or educational purposes, to view or enjoy
rural activities, including farming, wineries, ranching, historical, cultural, harvest - your -own
activities, or natural activities and attractions. An activity is an agritourism activity whether or not
the participant paid to participate in the activity.
5.1.25 FARM WINERY
Each farm winery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses ") are
permitted at a farm winery:
1. The production and harvesting of fruit and other agricultural products and the
manufacturing of wine including, but not limited to, activities related to the production of the
agricultural products used in wine, including but not limited to, growing, planting and
harvesting the agricultural products and the use of equipment for those activities.
2. The sale, tasting, including barrel tastings, or consumption of wine within the normal
course of business of the farm winery.
3. The direct sale and shipment of wine by common carrier to consumers in accordance
with Title 4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control
Board.
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed
wholesalers, and out -of -state purchasers in accordance with Title 4.1 of the Virginia Code,
regulations of the Alcoholic Beverage Control Board, and federal law.
5. The storage, warehousing, and wholesaling of wine in accordance with Title 4.1 of the
Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.
6. Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, provided that wine is not
sold or marketed and for which no consideration is received by the farm winery or its
agents.
b. Agritourism uses or wine sales related uses. The following uses are permitted at a farm
winery, provided they are related to agritourism or wine sales:
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
2. Farm winery events at which not more than two hundred (200) persons are in attendance
at any time.
3. Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
4. Hayrides.
5. Kitchen and catering activities related to a use at the farm winery.
6. Picnics, either self - provided or available to be purchased at the farm winery.
7. Providing finger foods, soups and appetizers for visitors.
8. Sale of wine - related items that are incidental to the sale of wine including, but not limited
to the sale of incidental gifts such as cork screws, wine glasses, and t- shirts.
9. Tours of the farm winery, including the vineyard.
10. Weddings and wedding receptions at which not more than two hundred (200) persons
are in attendance at any time.
11. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm wineries throughout the Commonwealth, which do not create a substantial impact on
the health, safety or welfare of the public, and at which not more than two hundred (200)
persons are in attendance at any time.
c. Agritourism uses or wine sales related uses; more than 200 person at any time; special use
permit. The following uses, at which more than two hundred (200) persons will be allowed to
attend at any time, are permitted at a farm winery with a special use permit, provided they are
related to agritourism or wine sales:
1. Farm winery events.
2. Weddings and wedding receptions.
3. Other uses not expressly authorized that are agritourism uses or wine sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
wineries throughout the Commonwealth.
d. Information and sketch plan to be submitted with application for a special use permit. In
addition to any information required to be submitted with an application for a special use permit
under section 31.6.2, each application for one or more uses authorized under section 5.1.25(c)
shall include the following:
1. Information. Information pertaining to the following: (i) the proposed uses; (ii) the
maximum number of persons who will attend each use at any given time; (iii) the frequency
and duration of the uses; (iv) the provision of on -site parking; (v) the location, height and
lumens of outdoor lighting for each use; and (vi) the location of any stage, structure or other
place where music will be performed.
2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses; (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter; and (iii) how potential
adverse impacts to adjoining property will be mitigated so they are not substantial.
e. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to section 4.18, shall not exceed the applicable maximum sound levels in section
4.18.04, and shall not be deemed to be an exempt sound under section 4.18.05(J).
f. Yards. Notwithstanding any other provision of this chapter, the minimum front, side and rear
yard requirements in section 10.4 shall apply to all primary and accessory structures established
after May 5, 2010 and to all tents, off - street parking areas and portable toilets used in whole or
in part to serve any use permitted at a farm winery, provided that the zoning administrator may
reduce the minimum required yard upon finding that: (i) there is no detriment to the abutting lot;
(ii) there is no harm to the public health, safety or welfare; and (iii) written consent has been
provided by the owner of the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(1), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 10- 18(3), 5 -5-
10; Ord. 11- 18(3), 3 -9 -11)
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2014 -1 Agricultural
Operations & Farm Breweries
SUBJECT /PROPOSAL /REQUEST: Work Session
to Amend the Zoning Ordinance to Address State
Code Requirements for Farms & Farm Breweries
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Wayne
Cilimberg, Greg Kamptner, Francis McCall
AGENDA DATE: June 24, 2014
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2014, new State legislation will become effective limiting a locality's ability to regulate
certain activities associated with bona fide agricultural operations and farm breweries. Under the new legislation,
regulation of such activities by requiring a special use permit or a zoning clearance will be limited to circumstances
involving "a substantial impact on the health, safety, or general welfare of the public ". The new legislation does not
establish a threshold for substantial impact; therefore, localities must establish a finding of substantial impact for any
regulation of activity occurring at a farm brewery or agricultural operation. In addition, regulations imposed by a locality
must be reasonable and take into account the economic impact of the regulation on the agricultural operation and the
agricultural nature of the activity.
On March 25, 2014, the Planning Commission adopted a Resolution of Intent authorizing staff to undertake a zoning
text amendment to ensure continued compliance with State law (Attachment A). On April 16, 2014, staff held a public
roundtable to inform interested parties about the new State legislation and receive feedback on proposed amendments
to the Zoning Ordinance in response to the new legislation. On May 13, the Planning Commission held a second work
session to consider proposed standards for regulating activities occurring at agricultural operations and farm breweries
(Attachment B). At the work session the Planning Commission recommended that farm breweries be treated the same
as farm wineries; that a clear definition of bona fide agriculture be established; and that staff explore a more stringent
substantial impact threshold for events and activities at agricultural operations (Attachment C).
DISCUSSION:
Taking into consideration feedback received to -date, staff proposes ordinance amendments pertaining to activities at
bona fide agricultural operations, farm breweries and farm wineries (Attachment D), summarized below:
By-right
By right with Zoning Clearance
Special Use Permit
Agricultural Operations
Production & harvesting
Agritourism, events or retail sales
Structures for farm sales
generating either > 50 vehicle
> 4,000 sf
trips/ day or occurring on sites < 5
acres in size
Agritourism or retail sales
Outdoor amplified music
Events > 200 attendees at any
generating <_ 50 vehicle trips/ day &
time or > 24 events of any size/
occurring on sites >_ 5 acres in size;
year
Structures for farm sales
<- 4,000 sf
Events generating <_ 50 vehicle
trips/ day, occurring on sites ? 5
acres in size, attracting <_ 200
attendees at any time
Farm Breweries
Production, harvesting, storage,
Outdoor amplified music
Events > 200 attendees at any
sales, tasting, agritourism activities
time
Events <_ 200 attendees at any time
Farm Wineries
Production, harvesting, storage,
Outdoor amplified music
sales, tasting, agritourism activities;
Events 5 200 attendees at any time
Farm Wineries & Breweries
As requested by the Planning Commission, farm breweries and farm wineries will be treated the same, with the
addition of a zoning clearance requirement for new establishments wishing to have outdoor amplified music. The
zoning clearance review process will allow staff and the applicant the opportunity to verify that they can comply with
noise regulations during events. Only one zoning clearance would be necessary and would apply to any future event
on the property. Existing operations that currently have outdoor amplified music would be exempt from the zoning
clearance requirement.
Agricultural Operations
While agriculture will remain a by -right activity in the Rural Area, certain activities and events at agricultural operations
are proposed to be regulated based upon the following thresholds at which there is potential for substantial impact on
health, safety or general welfare to the public:
4,000 Square Feet of Structural Sales Area
Under current regulations, structures used for farm sales are limited to 4,000 square feet of sales area and
require a zoning clearance. To be consistent with the new state enabling legislation, staff proposes that farm
sales structures with up to 4,000 square feet of sales area be permitted by right without a zoning clearance
and structures with more than 4,000 square feet of sales area require a special use permit. The area of
structures used for production, processing and storage of agricultural products would continue to not be
restricted.
5 Acre Site
To address concerns about the impact of events and activities occurring on smaller sites, staff recommends
that agricultural operations located on sites less than five acres be required to obtain a zoning clearance
before hosting events, agritourism activities, or on -site retail sales. Abutting parcels under the same ownership
that are part of the agricultural operation will be included in the total site size. Five acres is the minimum parcel
size to be considered for agricultural land use taxation and is a common standard used by other localities for
regulating activities and events related to agriculture.
50 Vehicle Trips per Day
This is the threshold above which VDOT requires moderate volume commercial entrances. Moderate volume
commercial entrances are subject to certain design standards as well as sight distance and access
management requirements. Agritourism activities, retail sales or events generating over 50 vehicle trips per
day, regardless of lot size or sales area, will require a zoning clearance.
200 Event Attendees at Any Time & 24 Events per Year
200 attendees is the current special use permit threshold applied to farm winery events and is accepted by the
wine industry as an upper threshold for usual and customary attendance at a farm winery. So far this threshold
appears to be working well at farm wineries and the County has received minimal complaints associated with
their events. Twenty -four (24) events per year is the maximum number of special events allowed by special
use permit under the current ordinance. If adopted, staff will monitor the impacts and determine if any further
regulation of special events is necessary.
The proposed zoning text amendment outlines a zoning clearance review process for activities and events at
agricultural operations that includes verification of compliance with VDOT commercial entrance standards, health
department requirements, parking standards, and setback requirements. For farms wishing to have outdoor amplified
music, the zoning clearance process also includes verification that sound equipment can comply with noise standards
and/ or the owner has a sound meter and will agree to self monitor.
RECOMMENDATION: Staff recommends that the Planning Commission direct staff to schedule the zoning text
amendment for public hearing.
ATTACHMENTS:
Attachment A: Resolution of Intent
Attachment B: May 13 Planning Commission Work Session Staff Report
Attachment C: May 13 Planning Commission Work Session Final Action Memo
Attachment D: Draft Ordinance
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2014 -1 Agricultural
Operations & Farm Breweries
SUBJECT /PROPOSAL /REQUEST: Work Session
to Amend the Zoning Ordinance to Address State
Code Requirements for Farms & Farm Breweries
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Wayne
Cilimberg, Greg Kamptner
AGENDA DATE: May 13, 2014
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2014, new State legislation will become effective limiting a locality's ability to regulate
certain activities that are associated with bona fide agricultural operations and farm breweries. Under the new
legislation, regulation of such activities by requiring a special use permit or a zoning clearance willl be limited to
circumstances involving "a substantial impact on the health, safety, or general welfare of the public ". The new
legislation does not establish a threshold for substantial impact, but does require that any regulations imposed by a
locality are reasonable and take into account the economic impact of the regulation on the agricultural operation and
the agricultural nature of the activity.
The new legislation for activities at farms and farm breweries is similar to the provisions for farm wineries adopted by
the General Assembly in 2007, codified in Virginia Code § 15.2- 2288.3 and intended to promote the farm winery
industry. Albemarle County previously revised its farm winery regulations (Section 5.1.25 of the Zoning Ordinance) to
implement Virginia Code § 15.2- 2288.3. Under the County's current regulations, farm wineries are a use by right in the
Rural Areas and may engage in a wide range of usual and customary activities. Since they were established,
Albemarle County's farm winery regulations have proven relatively successful in balancing the needs of farm wineries
with the rights of adjacent neighbors in the Rural Areas.
On March 25, 2014, the Planning Commission held a work session and adopted a Resolution of Intent authorizing staff
to undertake a zoning text amendment specific to farms and farm breweries to ensure continued compliance with State
law (Attachments A & B). At the work session the Planning Commission discussed several issues pertaining to
activities at farms, farm wineries and farm breweries, including thresholds for a substantial impact, traffic, outdoor
amplified music, and using setbacks or a minimum lot size to create adequate buffers with adjacent properties.
On April 16, 2014, staff held a public roundtable to inform interested parties of the new State legislation and receive
feedback on proposed amendments to the Zoning Ordinance in response to the new legislation. Roundtable
attendees discussed activities that are usual and customary to an agricultural operation and provided feedback on
proposed thresholds for a substantial impact that would trigger the need for a special use permit or zoning clearance.
These thresholds included agritourism and usual and customary activities on parcels under five acres, special events
exceeding 200 attendees, structures for farm sales exceeding 4,000 square feet, and use of outdoor amplified music.
A summary of feedback received at the roundtable is included in Attachment C.
DISCUSSION:
Taking into consideration feedback received to -date, staff has proposed the following standards to regulate
substantial impacts that may arise from activities associated with bonafide agricultural operations occurring at farms,
farm wineries and farm breweries. Staff notes that there are certain bona fide agricultural operations such as
production, harvesting, storage, and product shipment that cannot be regulated (Attachment D).
Events
The County's farm winery regulations require a special use permit for events exceeding 200 attendees at any given
time. Impacts associated with larger events, such as traffic, sewer, water, and public safety, are addressed through the
conditions of the special use permit. So far this attendance threshold appears to be working well at farm wineries and
the County has received minimal complaints associated with their events. While staff considered several approaches
to further addressing substantial impacts based on event frequency, parcel size, and the type of roads serving the
property, it was a challenge to identify a logical threshold that could be applied fairly across - the -board to farms, farm
wineries, and farm breweries. As a result, staff recommends keeping the current 200 person threshold established in
the farm winery regulations and applying it to activities and events occurring at farms and farm breweries. If adopted,
staff will monitor the impacts and determine if any further regulation of special events is necessary.
Sales Area
Section 5.1.47.b.2 of the Zoning Ordinance establishes a maximum size threshold for permanent structures used for
farm sales. Under current regulations, structures used for farm sales are limited to 4,000 square feet of sales area and
require a zoning clearance. To be consistent with the new state enabling legislation, staff proposes that farm sales
structures with up to 4,000 square feet of sales area be permitted by right and structures with more than 4,000 square
feet of sales area require a special use permit. The area of structures used for production, processing and storage of
agricultural products would continue to not be restricted.
Outdoor Amplified Music
Sound from outdoor amplified music at farm wineries is subject to the maximum decibel levels outlined in Section
4.18.04 of the Zoning Ordinance (60 dBA day and 55 dBA night for the Rural Areas district). For events requiring a
special use permit, the Board has imposed additional conditions for the use of outdoor amplified music, including
testing sound equipment before an event and self- monitoring noise levels during the event, to ensure compliance with
the County's noise regulations. These measures have successfully addressed noise complaints from property owners
adjacent to a farm winery. As a result, staff recommends that any farm, farm winery, or farm brewery wishing to have
outdoor amplified music be required to obtain a zoning clearance to allow staff and the applicant the opportunity to
verify that they can comply with noise regulations during events. Only one zoning clearance would be necessary and
would apply to any future event on the property.
FOCUSED DISCUSSION:
Staff requests the Planning Commission's feedback on using the following standard to regulate certain activities
involving the public and occurring at a farm, farm winery or farm brewery:
Setbacks/ Minimum Acreage
Staff initially explored the use of a five acre minimum lot size for regulating agritourism activities, sales and other
activities involving the public that have the potential to generate excessive noise, traffic, light, dust, and other impacts
on surrounding properties. While such a restriction may protect some properties adjacent to smaller agricultural
parcels, staff opinion is that the proximity of these activities to adjoining properties and residences is the more relevant
factor as to whether there may be a substantial impact from the activity. Therefore, staff requests the Commission's
feedback on using setbacks instead of minimum acreage as a means of buffering neighboring properties from the
impacts of bringing the public to an agricultural operation.
The supplementary regulations in the Zoning Ordinance already establish a number of setback requirements for certain
uses such as swim, golf and tennis facilities, farm stands, farm worker housing, and special events. Staff proposes
applying the setback requirements for swim, golf and tennis facilities (75 feet from the property line and 125 feet from
an existing dwelling on adjoining property that is not part of "the farm ") to parking areas and outdoor activity areas at
farms, farm wineries and farm breweries. Staff suggests that this setback is not necessary for buildings or for activities
such as "pick your own." Staff further suggests that the setbacks be applied in the same manner as that for farm sales,
which allow a lesser setback with the adjacent owners' written consent. Existing structures within the new setbacks at
the time the ordinance is adopted would be grandfathered and permitted to continue. Staff requests the Planning
Commission's feedback on the use of the swim, golf, tennis standard if setbacks are established.
RECOMMENDATION: Staff recommends that the Planning Commission direct staff to draft ordinance language and
schedule the zoning text amendment for public hearing.
ATTACHMENTS:
Attachment A: Resolution of Intent
Attachment B: March 25 Planning Commission Work Session Staff Report
Attachment C: Summary of April 16 Agritourism & Farm Breweries Roundtable
Attachment D: Regulation of Activities at Agricultural Operations, Farm Wineries & Farm Breweries
Draft: 06/17/14
ORDINANCE NO. 14 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE
IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Regulations, Article II, Basic Regulations, Article III, District Regulations, and
Article IV, Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.25 Farm winery
Sec. 5.1.47 Farm stands, farm sales and farmers markets
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 11.3.1 By right uses
Sec. 11.3.2 By special use permit
Sec. 31.5 Zoning clearance
By Adding:
Sec. 5.1.57 Farm breweries
Sec. 5.1.58 Events and activities at agricultural operations
Article I. General Provisions
Sec. 3.1 Definitions.
Agriculture: ,
for- the raising of er-eps; the keeping of livesteek andlor- pou4i-7y; a-n&or- agr-ieultufal in"str-ies or-
An agricultural operation, aquaculture, nursery, and, for purposes of
this definition, includes not limited to, or-e ,ar -ds, processing facilities for agricultural products grown or
raised solely on the farm such as fruit packing plants; and dairies;, but which does not include any
processing facilities permitted only by special use permit in this district r,,,.—: °°, firm sales, f f stands
and fi -m°rs' markets (Amended 12 -2 -87, 5 -5 -10)
Agricultural operation: Any peration devoted to the bona fide production of crops, or animals, or fowl
including the production of fruits and vegetables of all kinds: meat, dairy, and poultry products: nuts
tobacco, nursery, and floral products: and the production and harvest of products from silviculture
activi
Agricultural overation event: An event conducted at an agricultural oneration on one or more days where
the purpose is agritourism, to promote the sale of agricultural or silvicultural products, to promote the sale
of food products, or other events that are usual and customary at Virginia agricultural operations.
including, but not limited to, tastings, farm -to -table dinners, agricultural festivals auctions or livestock
shows pertaining to livestock, animals or other agricultural products not grown or raised at that
agricultural operation, agritourism promotions, and fundraisers and charity events.
Draft: 06/17/14
Agricultural products: Any livestock, aauaculture, poultry, horticultural, floricultural, viticulture.
silvicultural, or other farm crops.
Agritourism -: Any activity carried out on a farm or ranch that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming,
wineries, ranching, historical, cultural, harvest -your -own activities, or natural activities and attractions,
regardless of whether or not the participant paid to participate in the activity and these activities also
include, but are not limited to, educational programs, workshops or demonstrations related to agriculture
or silviculture, farm tours, hayrides, heirloom plant and animal exhibits, and crop mazes. (Added 5 -5 -10)
Devoted to the bona fide production of crops, animals or fowl: As it is used in the definition of
agricultural production." any lot on which producing one or more agricultural products is a primary use.
the activity is engaged in good faith for that pWose. and not merely to enable the parcel to be eligible to
host events and activities at an agricultural operation as provided in sections 10.2.1(30). 10.2.2(561. 11.
3.1(29). 11.32(10). and 5.1.58, as determined by objective evidence.
Farm brewery: An establishment located on one or more lots in Albemarle County licensed as a limited
brewery under Virginia Code 6 4.1 -208.
Farm brewery event: An event conducted at a farm brewery on one or more days where the purpose is
agritourism or to promote beer sales includin g. but not limited to, gatherings not otherwise expressly
authorized as a use under section 5.1.57(a). (b)(1) and (b)(3) through (b)(9) including, but not limited t
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 f_ood-
agritourism promotions: and fundraisers and charity events.
Farm Ssales: The sale of agricultural products, value -added products and accessory merchandise on a
farm, either outdoors or within a temporary or permanent structure, where the vendor selling the products
and merchandise is engaged in production agriculture on the farm on which the farm sales use is located.
(Added 10- 11 -95; Amended 5 -5 -10)
Farm Sstand: The sale of local agricultural products and value -added products, either outdoors or within a
temporary or permanent structure, where the vendor selling the products is engaged in production
agriculture in Albemarle County, but not on the lot on which the farm stand is located. (Added 5 -5 -10)
Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm
winery under Virginia Code § 4.1 -207. (Added 12 -16- 81; Amended 5 -5 -10)
Farm winery event. -: An event conducted at a farm winery on one or more days where the purpose is
agritourism or to promote wine sales including, but not limited to, gatherings not otherwise expressly
authorized as a use under section 5.1.25(a), (b)(1) and (b)(3) through (b)(4-0 9) including, but 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,
2
Draft: 06/17/14
distributors, and local chamber of commerce activities; winemakers' dinners where wine is paired with
food; agritourism promotions; and fundraisers and charity events. (Added 5 -5 -10)
Farmers' #market: The sale of agricultural products, value -added products, and accessory merchandise
either outdoors or within a temporary or permanent structure by two (2) or more vendors in the rural areas
(RA) zoning district or by one or more vendors in any other zoning district where the use is allowed,
where each vendor selling the products and merchandise is engaged in production agriculture in
Albemarle County regardless of whether it is on or not on the lot on which the farmers' market is located.
(Added 10- 11 -95; Amended 5 -5 -10)
Production agriculture or production silviculture: The bona fide production or harvesting of agricultural
or silvicultural products but shall not include the processing of agricultural or silvicultural products or the
above ground application or storage of sewage sludge.
Usual and customary activity or event: An activity or event at an agricultural operation, farm brewery. or
farm winery that is a common or ordinary activitv or event and which is commonly practiced or engaged
in at agricultural operations, farm breweries, or farm wineries, as applicable, within the Commonwealth
of Virginia, as determined by objective evidence.
(§ 20 -3.1, 12- 10 -80, 7 -1 -81, 12- 16 -81, 2- 10 -82, 6 -2 -82, 1 -1 -83, 7 -6 -83, 11 -7 -84, 7- 17 -85, 3 -5 -86, 1 -1 -87,
6- 10 -87, 12 -2 -87, 7- 20 -88, 12 -7 -88, 11 -1 -89, 6- 10 -92, 7 -8 -92, 9- 15 -93, 8- 10 -94, 10- 11 -95, 11- 15 -95, 10-
9-96, 12- 10 -97; § 18 -3.1, Ord. 98 -A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 01- 18(9), 10- 17 -01; Ord.
02- 18(2), 2 -6 -02; Ord. 02- 18(5), 7 -3 -02; Ord. 02- 18(7), 10 -9 -02; Ord. 03- 18(1), 2 -5 -03; Ord. 03- 18(2), 3-
19-03; Ord. 04- 18(2), 10- 13 -04; 05- 18(2), 2 -2 -05; Ord. 05- 18(7), 6 -8 -05; Ord. 05- 18(8), 7- 13 -05; Ord.
06- 18(2), 12- 13 -06; Ord. 07- 18(1), 7- 11 -07; Ord. 07- 18(2), 10 -3 -07; Ord. 08- 18(3), 6- 11 -08; Ord. 08-
18(4), 6- 11 -08; Ord. 08- 18(6), 11- 12 -08; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(3), 7 -1 -09; Ord. 09- 18(5),
7 -1 -09; 09- 18(8), 8 -5 -09; Ord. 09- 18(9), 10- 14 -09; Ord. 09- 18(10), 12 -2 -09; Ord. 09- 18(11), 12- 10 -09;
Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4), 5 -5 -10; Ord. 10- 18(5), 5- 12 -10; Ord. 11- 18(1), 1- 12 -11; Ord. 11-
18(5), 6 -1 -11; Ord. 11- 18(6), 6 -1 -11; Ord. 12- 18(3), 6 -6 -12; Ord. 12- 18(4), 7- 11 -12; Ord. 12- 18(6), 10 -3-
12, effective 1 -1 -13; Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13; Ord. 13- 18(1), 4 -3 -13; Ord. 13- 18(2), 4 -3-
13; Ord. 13- 18(3), 5 -8 -13; Ord. 13- 18(5), 9- 11 -13; Ord. 13- 18(6), 11- 13 -13, effective 1 -1 -14; Ord. 13-
18(7), 12 -4 -13, effective 1 -1 -14; Ord. 14-18(2),3-5-14)
State law reference - Va. Code § 15.2- 2286(A)(4).
Article II. Basic Regulations
Sec. 5.1.25 Farm winery:ig&
Each farm winery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses ") are
permitted at a farm winery:
Draft: 06/17/14
The production and harvesting of fruit and other agricultural products and the
manufacturing of wine including, but not limited to, activities related to the production of
the agricultural products used in wine; including, but not limited to, growing, planting
and harvesting the agricultural products and the use of equipment for those activities.
2. The sale, tasting, including barrel tastings, or consumption of wine within the normal
course of business of the farm winery.
The direct sale and shipment of wine by common carrier to consumers in accordance with
Title 4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control
Board.
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed
wholesalers, and out -of -state purchasers in accordance with Title 4.1 of the Virginia
Code, regulations of the Alcoholic Beverage Control Board, and federal law.
The storage, warehousing, and wholesaling of wine in accordance with Title 4.1 of the
Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.
6. The sale of wine - related items that are incidental to the sale of wine including. but not
limited to the sale of incidental gifts such as cork screws, wine glasses, and t- shirts.
67. Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, provided that wine is
not sold or marketed and for which no consideration is received by the farm winery or its
agents.
b. Agritourism uses or wine sales related uses. The following uses are permitted at a farm winery,
provided they are related to agritourism or wine sales:
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
Farm winery events at which not more than two hundred (200) persons are in attendance
at any time.
Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
4. Hayrides.
Kitchen and catering activities related to a use at the farm winery.
6. Picnics, either self - provided or available to be purchased at the farm winery.
Providing finger foods, soups and appetizers for visitors.
18. Tours of the farm winery, including the vineyard.
4
Draft: 06/17/14
4-09. Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time.
4410. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm wineries throughout the Commonwealth, which do not create a substantial impact
on the health, safety or welfare of the public, and at which not more than two hundred
(200) persons are in attendance at any time.
Agritourism uses or wine sales related uses; more than 200 person at any time; special use
permit. The following uses, at which more than two hundred (200) persons will be allowed to
attend at any time, are permitted at a farm winery with a special use permit, provided they are
related to agritourism or wine sales:
Farm winery events.
Weddings and wedding receptions.
3. Other uses not expressly authorized that are agritourism uses or wine sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
wineries throughout the Commonwealth.
d. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 31.6.2 33.4, each application for one or more uses authorized under section 5.1.25(c) shall
include the following:
Information. Information pertaining to the following: (i) the proposed uses; (ii) the
maximum number of persons who will attend each use at any given time; (iii) the
frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location,
height and lumens of outdoor lighting for each use; and (vi) the location of any stage,
structure or other place where music will be performed.
Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses; (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter; and (iii) how potential
adverse impacts to adjoining pro will be mitigated so they are not
substantial.
Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to ,
and shall not be a° °m °a to be an exempt s ra under- seet o n 18.0 the following:
1. Zoning clearance. Each farm winery established on and after August 13. 2014 shall
obtain approval of a zoning clearance under section 31.5 prior to generating an y outdoor
amplified music at the farm winery. The purpose of the zoning clearance shall be to
verify that the sound equipment at the farm winery will comply with the applicable
standards in section 4.18 or that the owner has and will use a sound level meter as that
5
Draft: 06/17/14
term is defined in section 4.18.02 prior to and while outdoor amplified music is being
played, to monitor compliance with the applicable standards in section 4.18 or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(Jl.
f. Yards. Notwithstanding any other provision of this chapter, the minimum front, side and rear
yard requirements in section 10.4 shall apply to all primary and accessory structures established
after May 5, 2010 and to all tents, off - street parking areas and portable toilets used in whole or in
part to serve any use permitted at a farm winery, provided that the zoning administrator- may
the minimum required yard may be reduced by special exception upon finding tha
consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to
the public health, safety or welfare; and (iii) written consent has been provided by the owner of
the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(1), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 10- 18(3), 5 -5 -10; Ord.
11- 18(3), 3 -9 -11)
Sec. 5.1.47 Farm stands sales and farmers'_ markets.
Each farm stands and farmers' market shall be subject to the following, as applicable:
a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand
sales use, and or farmers' market shall obtain approval of a zoning clearance issued by the zoning
administrator as provided by section 31.5 before the use is established as provided herein:
Application. Each application for a zoning clearance shall include a letter or other
evidence from the Virginia Department of Transportation establishing that it has
approved the entrance from the public street to the proposed use and:
(a) Farm stands -a a w��. For farm stands and f fm sales uses, a sketch
plan, which shall be a schematic drawing of the site with notes in a form and of a
scale approved by the zoning administrator depicting: (i) all structures that would
be used for the use; (ii) how access, on -site parking, outdoor lighting, signage
and minimum yards will be provided in compliance with this section and this
chapter; and (iii) how potential adverse impacts to adjoining property will be
mitigated.
(b) Farmers' markets. For farmers' markets, an approved site plan waiver as
provided in section 32.2(b).
0
Draft: 06/17/14
2. Notice. The zoning administrator shall provide written notice that an application for a
zoning clearance for a farm stand, &i:m &i: sales or by right farmers' market has been
submitted to the Virginia Department of Health and to the owner of each abutting lot
under different ownership than the lot on which the proposed use would be located. The
notice shall identify the proposed use and its size and location and invite the recipient to
submit any comments before the zoning clearance is acted upon. The notice shall be
mailed at least five (5) ten 10 days prior to the action on the zoning clearance as
provided in section 32.4.2.5 32.4.2.1 . The review by the Virginia Department of
Health shall be independent of the zoning administrator's review of the application for a
zoning clearance and the approval of the zoning clearance shall not be dependent on any
approval by the Virginia Department of Health. The notice requirements shall not apply
to a zoning clearance required for a farmers' market that has been approved by special
use permit.
b. Structure size. Structures used in conjunction with a farm stand, f f sales use, a-ad or farmers'
market shall comply with the following:
Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter,
"new permanent structure ") used for a farm stand shall not exceed one thousand five
hundred (1500) square feet gross floor area. Any permanent structure, regardless of its
size, established prior to May 5, 2010 (hereinafter, "existing permanent structure ") may
be used for a farm stand provided that if the structure does not exceed one thousand five
hundred (1500) square feet gross floor area, its area may be enlarged or expanded so that
its total area does not exceed one thousand five hundred (1500) square feet gross floor
area, and further provided that if the existing structure exceeds one thousand five hundred
(15 00) square feet gross floor area, it may not be enlarged or expanded while it is used as
a farm stand.
32. Farmers' markets. Any new or existing permanent structure may be used for a farmers'
market without limitation to its size.
Yards. Notwithstanding any other provision of this chapter, the following minimum front, side
and rear yard requirements shall apply to a farm stand fiwi sales use, an or farmers' market:
New permanent structures and temporary structures. The minimum front, side and rear
yards required for any new permanent structure or temporary structure shall be as
provided in the bulk and area regulations established for the applicable zoning district,
provided that the minimum front yard on an existing public road in the rural areas (RA)
zoning district shall be thirty-five (35) feet. The zoning administfater- may r-eduee the
minimum required yard may be reduced by special exception upon
consideration of the following:: (i) there is no detriment to the abutting lot; (ii) there is no
7
Draft: 06/17/14
harm to the public health, safety or welfare; and (iii) written consent has been provided
by the owner of the abutting lot consenting to the reduction.
2. Existing permanent structures. If an existing permanent structure does not satisfy any
minimum yard requirement under subsection 5.1.47(c)(1), the minimum yard required
shall be the distance between the existing permanent structure and the street, road, access
easement or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An
enlargement or expansion of the structure shall be no closer to a street, road, access
easement or lot line than the existing structure.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand, farm sales ose, and or farmers' market:
Number ofspaces. Each use shall provide one (1) parking space per two hundred (200)
square feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street
right -of -way.
3. Design and improvements. In conjunction with each appheatiea reauest for a
zoning clearance, the zoning administrator shall identify the applicable parking design
and improvements required that are at least the minimum necessary to protect the public
health, safety and welfare by providing safe ingress and egress to and from the site, safe
vehicular and pedestrian circulation on the site, and the control of dust as deemed
appropriate in the context of the use. The zoning administrator shall consult with the
county engineer, who shall advise the zoning administrator as to the minimum design and
improvements. Compliance with the identified parking design and improvements shall
be a condition of approval of the zoning clearance.
(§ 5.1.19, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; §5.1.35, Ord. 95- 20(3), 10- 11 -95; § 5.1.36, Ord. 95- 20(4),
10- 11 -95; § 5.1.47, Ord 10-18(4),5-5-10)
Sec. 5.1.57 Farm breweries.
Each farm brewery shall be subject to the following.
a. Uses permitted. The following uses, events and activities (hereinafter, collectively. "uses "1 are
permitted at a farm brewery:
1. The production and harvesting of barlev. other grains. hoes. fruit and other agricultural
products and the manufacturing of beer including, but not limited to, activities related to
the production of the agricultural products used in beer including, but not limited to
growing, planting and harvesting the agricultural products and the use of eauinment for
those activities.
2. The sale, tasting, or consumption of beer within the normal course of business of the farm
brewery.
3. The direct sale and shipment of beer in accordance with Title 4.1 of the Virginia Code
and the regulations of the Alcoholic Beverage Control Board.
Draft: 06/17/14
4. The sale and shipment of beer to licensed wholesalers and out -of -state purchasers in
accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage
Control Board, and federal law.
5. The storage and warehousing of beer in accordance with Title 4.1 of the Virginia Code,
regulations of the Alcoholic Beverage Control Board, and federal law.
6. The sale of beer - related items that are incidental to the sale of beer including, but not
limited to, the sale of incidental gifts such as bottle openers, beer glasses, and t- shirts.
7. Private personal ath�erings of a farm brewery owner who resides at the farm brewery or
on property adjacent thereto that is owned or controlled by the owner, provided that beer
is not sold or marketed and for which no consideration is received by the farm brewery or
its agents.
b. Agritourism uses or beer sales related uses. The following uses are permitted at a farm brewery,
provided they are related to agritourism or beer sales:
1. Exhibits, museums, and historical segments related to beer or to the farm brewery.
2. Farm brewery events at which not more than two hundred (200) persons are in attendance
at any time.
3. Guest brewmasters and trade accommodations of invited guests at a farm brewery
owner's private residence at the farm winery.
4. Ha, rr
5. Kitchen and catering activities related to a use at the farm brewery.
6. Picnics, either self -
provided or available to be purchased at the farm brewery.
7. Providing finger foods, soups and appetizers for visitors.
8. Tours of the farm brewery, including the areas where agricultural products are grown.
9. Weddings and wedding receptions at which not more than two hundred (2001persons are
in attendance at any time.
10. Other uses not expressly authorized that are agritourism uses or are beer sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm breweries throughout the Commonwealth, which do not create a substantial impact
on the health, safety or welfare of the public, and at which not more than two hundred
(200) persons are in attendance at an ty ime.
C. Agritourism uses or beer sales related uses: more than 200 person at any time: special use
permit. The following uses, at which more than two hundred (200) persons will be allowed to
attend at any time, are permitted at a farm brewery with a special use permit, provided they are
related to agritourism or beer sales:
Draft: 06/17/14
1. Farm brewery events.
2. Weddings and wedding receptions.
3. Other uses not expressly authorized that are agritourism uses or beer sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
breweries throughout the Commonwealth.
d. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more uses authorized under section 5.1.57(c) shall
include the following:
1. Information. Information pertaining to the following: (i) the proposed uses: (ii) the
maximum number of persons who will attend each use at any given time: (iiil the
frequency and duration of the uses: (iv) the provision of on -site parking: (v) the location,
height and lumens of outdoor lighting for each use: and (vi) the location of any_ stage.
structure or other place where music will be performed.
2. Sketch elan. A sketch plan. which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses: (ii) how access, on -site parking: outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter: and (iii) how potential
adverse impacts to abutting lots will be mitigated so they are not substantial.
e. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following:
1. Zoning clearance. Each farm brewery shall obtain approval of a zoning clearance under
section 31.5 prior to generating any outdoor amplified music at the farm brewery. The
purpose of the zoning clearance shall be to verify that the sound equipment at the farm
brewery will comply with the applicable standards in section 4.18 or that the owner has
and will use a sound level meter as that term is defined in section 4.18.02 prior to and
while outdoor amplified music is being played, to monitor compliance with the applicable
standards in section 4.18, or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(Jl.
f. Yards. Notwithstanding anv other provision of this chapter. the minimum front. side and rear vard
requirements in section 10.4 shall apply to all primary and accessory structures and to all tents,
off - street parking areas and portable toilets used in whole or in part to serve any use permitted at
a farm brewery, provided that the minimum required yard may be reduced by special exception
upon consideration of the following: (i) there is no detriment to the abutting lot: (ii) there is no
harm to the public health, safety or welfare: and (iii) written consent has been provided by the
owner of the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
10
Draft: 06/17/14
1. Restaurants.
2. Helicopter rides.
Sec. 5.1.58 Events and activities at agricultural operations.
Each event or activity at an agricultural operation authorized below shall be subject to the following:
a. Events and activities permitted. The following events, activities, and structures are permitted by
ri ght. permitted by right with approval of a zoning clearance, and by special use permit as
provided in the following table, subject to the applicable requirements of this section and this
chanter:
11
By right
By special
Event or activity
Criterion
By right
with
use
zoning
clearance
permit**
Agritourism, excluding
On sites * ** greater than or equal to 5
harvest - your -own
acres and the activity will generate 50
X
activities
or fewer visitor vehicle trips per day
( "VTPD ")
Either on sites less than 5 acres or the
activity will generate more than 50
X
visitor VTPD
The sale of agricultural
On sites greater than or equal to 5 acres
or silvicultural products,
and the activity will generate 50 or
X
or the sale of
fewer visitor VTPD
agricultural- related or
On sites less than 5 acres or the activity
silvicultural- related
will generate more than 50 visitor
X
items incidental to the
VTPD
agricultural operation,
Structures used for the sales activity, in
including farm sales and
the aggregate, are less than or equal to
X
harvest- your -own
4,000 square feet gross floor area
Structures used for the sales activity, in
activities ( "sale of
agricultural or
the aggregate, are greater than 4,000
X
silvicultural products ")
square feet gross floor area
The preparation,
On sites greater than or equal to 5 acres
processing, or sale of
and the activity will generate 50 or
food products in
fewer visitor VTPD
X
compliance with
Virginia Code § 3.2-
5130(A)(3), (4) and (5)
or related state laws and
regulations ( "sale of
On sites less than 5 acres or the activity
will generate more than 50 visitor
VTPD
X
food products ")
Agricultural operation
The event will generate 50 or fewer
events
attendee VTPD and will occur on sites
greater than or equal to 5 acres
X
The event will generate more than 50
attendee VTPD or occur on sites less
than 5 acres but have 200 or fewer
X
11
Draft: 06/17/14
* The zoning clearance shall be obtained under section 31.5 and shall include considering the matters in
section 5.1.58(b).
** The special use permit shall be obtained under section 33 and, in addition to the requirements of that
section, shall include the information required by section 5.1.58(c).
* ** The term "site." as used in this section, means one or more abutting parcels under the same ownership on
which the agricultural operation and the event or activity is located.
b. Matters to be considered in review ofreauest for annroval ofzoning clearance. In reviewing a
request for approval of a zoning clearance, the zoning administrator's review shall include
verifying that the proposed event or activity complies with the applicable minimum yard
standards in subsection (e). Virginia Department of Transportation entrance standards, the
applicable health and sanitation standards of the Virginia Department of Health. and shall ensure
that adequate on -site parking is provided in a location that complies with this chapter.
C. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more event or activity ( "use ") for which a special use
permit is required under section 5.1.58(a) shall include the following
1. Information. Information nertaining to the following: (i) the nronosed uses: (ii) the
maximum number of persons who will attend each use at any given time; (iii the
frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location
height and lumens of outdoor lighting for each use; and (vi) the location of any stage.
structure or other place where music will be performed.
2. Sketch elan. A sketch Dlan. which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses; (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter: and (iii) how potential
adverse impacts to abutting lots will be mitigated so they are not substantial.
12
By right
By special
Event or activity
Criterion
By right
with
use
zoning
permit**
AW
clearance*
attendees
The event will have more than 200
attendees, regardless of the number of
X
VTPD or the acreage of the site
The number of events in a calendar
year would exceed 24, regardless of the
X
number of VTPD, number of attendees,
or the acreage of the site
Other events or activities
The applicable criteria will depend on
Determined
Determined
Determined
which are determined by
whether the proposed event or activity
by how
by how
by how
the zoning administrator
is classified as agritourism, sales, or an
event or
event or
event or
to be usual and
event; and the applicable criterion of
activity is
activity is
activity is
customary uses at
the events or activities listed above
classified
classified
classified
agricultural operations
shall apply
throughout the
Commonwealth
* The zoning clearance shall be obtained under section 31.5 and shall include considering the matters in
section 5.1.58(b).
** The special use permit shall be obtained under section 33 and, in addition to the requirements of that
section, shall include the information required by section 5.1.58(c).
* ** The term "site." as used in this section, means one or more abutting parcels under the same ownership on
which the agricultural operation and the event or activity is located.
b. Matters to be considered in review ofreauest for annroval ofzoning clearance. In reviewing a
request for approval of a zoning clearance, the zoning administrator's review shall include
verifying that the proposed event or activity complies with the applicable minimum yard
standards in subsection (e). Virginia Department of Transportation entrance standards, the
applicable health and sanitation standards of the Virginia Department of Health. and shall ensure
that adequate on -site parking is provided in a location that complies with this chapter.
C. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more event or activity ( "use ") for which a special use
permit is required under section 5.1.58(a) shall include the following
1. Information. Information nertaining to the following: (i) the nronosed uses: (ii) the
maximum number of persons who will attend each use at any given time; (iii the
frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location
height and lumens of outdoor lighting for each use; and (vi) the location of any stage.
structure or other place where music will be performed.
2. Sketch elan. A sketch Dlan. which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses; (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter: and (iii) how potential
adverse impacts to abutting lots will be mitigated so they are not substantial.
12
Draft: 06/17/14
d. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following:
1. Zoning clearance. Each agricultural operation shall obtain approval of a zoning clearance
under section 31.5 prior to generating any outdoor amplified music at the agricultural
operation. The p=ose of the zoning clearance shall be to verify that the sound
equipment at the agricultural operation will comply with the applicable standards in
section 4.18 or that the owner has and will use a sound level meter as that term is defined
in section 4.18.02 prior to and while outdoor amplified music is being slaved, to monitor
compliance with the applicable standards in section 4.18. or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4. L 05(Jl.
e. Yards and separation from dwelling units. Notwithstanding any oprovision of this chapter
the following minimum front, side and rear yard requirements shall apply to any event or activity:
1. Structures used for sales: The minimum yards for structures used for the sale of
agricultural or silvicultural products shall be as follows:
a. New permanent structures and temporary structures. The minimum front. side
and rear yards required for any new permanent structure or temporary structure
shall be as provided in the bulk and area regulations established for the
applicable zoning district, provided that the minimum front yard on an existing
public road in the rural areas (RA) shall be thirty -five (351 feet. The
minimum required yard may be reduced by special exception upon consideration
of the following: (i) there is no detriment to the abutting lot: (ii) there is no harm
to the public health, safety or welfare: and (iii) written consent has been provided
by the owner of the abutting lot consenting to the reduction.
b. Existing permanent structures. If an existing permanent structure does not
satisfy any minimum yard requirement under subsection (e)(1)(a), the minimum
and required shall be the distance between the existing permanent structure and
the street, road access easement or lot line on August 13, 2014 and that distance
shall not be thereafter reduced. An enlargement or expansion of the structure
shall be no closer to a street, road, access easement or lot line than the existing
structure.
2. Outdoor event and activity areas. The minimum front. side and rear vards for outdoor
event and activity areas shall be seventy -five (751 feet. In addition, outdoor event and
activity areas shall be a minimum of one hundred twenty -five (125) feet from any
dwelling unit on an abutting lot not under the same ownership as the agricultural
operation. These minimum standards shall not apply to any portion of the agricultural
operation that is engaged in production agriculture or silviculture even though it also is
used for an agritourispLqqtivity.
3. Parking areas, and portable toilets. The minimum front, side and rear yards for parking
areas and portable toilets shall be seventy -five (7 5) feet. In addition, parking areas and
13
Draft: 06/17/14
portable toilets shall be a minimum of one hundred twenty -five (125) feet from any
dwelling unit on an abutting lot not under the same ownership as the agricultural
operation.
f. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
g. Production agriculture or silviculture unaffected. Nothing in this section shall be construed to
require a special use permit, special exception, or zoning clearance for any production agriculture
or silviculture.
Article III. District Regulations
Section 10. Rural Areas
Sec. 10.2.1 By right.
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
Agriculture, forestry, and fishery uses except as otherwise expressly provided.
6. ,
lines, #ansfe neter-s and related f4eilities for- distr-ibt4ien of leeal ser-viee a-ad owned
stations and apptH4enanees owned and operated by the Albemafle County Serviee Auther-it�-
Exeept as other-wise expressly provided, eea#al wa4er- supplies and eepAr-al sewer-age systems
eenfoFmanee with Chapter- 16 of the Code of Albemarle and all other- applieable 1
Water.
sewer, energy, communications distribution facilities (reference 5. 1.1 . (Amended 5- 12 -93)
9. Public uses ,
playgrounds a-ad r-eads funded, owned or- epefa4ed by Weal, state or- feder-A ageneies (r-efefenee
stations a-ad the like, owned anEVor- oper-med by the Rivanna WeAer- a-ad Sewer- Author-ity
(reference 21�1iT 5.1.12). (Amended 11 -1 -89)
17. Farm winery uses events and activities authorized unde by section 5.1.25(a) and (b). (Added
12- 16 -81; Amended 5 -5 -10)
14
Draft: 06/17/14
26. Farm sales (reference 5.1.47) (Added 5 5
27. Farm stands (reference 5.1.47) (Added 5 -5 -10)
29. Farm brewery uses, events and activities authorized by section 5.1.5 7(aJ and (bl.
30. Events and activities at agricultural operations authorized by right under section 5.1.58(a).
(§ 20- 10.2.1, 12- 10 -80; 12- 16 -81; 7 -6 -83; 11 -1 -89; 11 -8 -89; 11- 11 -92; 5- 12 -93; Ord. 95- 20(5), 11- 15 -95;
Ord. 98 -A(1), § 18- 10.2.1, 8 -5 -98; Ord. 02- 18(6), 10 -9 -02; Ord 04- 18(2), 10- 13 -04; Ord. 06- 18(2), 12 -13-
06; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(11), 12- 10 -09; Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4), 5 -5 -10;
Ord. 11- 18(1), 1- 12 -11; Ord. 12- 18(3), 6 -6 -12; Ord. 13- 18(5), 9- 11 -13)
Sec. 10.2.2 By special use permit.
The following uses shall be permitted by special use permit in the RA district, subject to the applicable
requirements of this chapter: (Added 10 -9 -02; Amended 5 -5 -10)
2. Clubs; and lodges, eivie, (reference 5.1.02).
3. Fire and rescue squad stations volunteer (reference 5.1.09).
6. ,
radio wave tr-ansmission and relay towers, substations a-ad appoi4ena-nees
Energy and
communications transmission facilities (reference 5.1.12).
7. Day care centers, (reference 5.1.06).
45. €afm sales (re€erense 5.4.33). (Added 10 11 95)
53. Farm winery uses events and activities authorized unde by section 5.1.25(c). (Added 5 -5 -10)
54. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
55. Farm brewery uses, events and activities authorized by section 5.1.57(cl.
56. Events and activities at agricultural operations authorized by pecial use permit under section
5.1.58(a).
15
Draft: 06/17/14
(§ 20- 10.2.2, 12- 10 -80; 3- 18 -81; 2- 10 -82; 4- 28 -82; 7 -6 -83; 3 -5 -86; 1 -1 -87; 12 -2 -87; 11 -8 -89; 6- 10 -92;
11- 11 -92; Ord. 95- 20(1), 3- 15 -95; Ord. 95- 20(3), 10- 11 -95; Ord. 95- 20(5), 11- 15 -95; Ord. 98 -A(1), § 18-
10.2.2, 8 -5 -98; Ord. 99- 18(4), 6- 16 -99; Ord. 00-18(6),10-18-00; Ord. 01-18(2),3-21-01; Ord. 02- 18(6),
10 -9 -02; Ord. 04- 18(1), 5 -5 -04 effective 7 -1 -04; Ord.04- 18(2), 10- 13 -04; Ord. 05- 18(7), 6 -8 -05; Ord. 05-
18(8), 7- 13 -05; Ord. 06- 18(2), 12- 13 -06; Ord. 08- 18(7), 11- 12 -08; Ord. 10-18(3),5-5-10; Ord. 10- 18(4),
5 -5 -10; Ord. 11- 18(1), 1- 12 -11)
Section 11. Monticello Historic District
Sec. 11.3.1 By right uses.
The following uses shall be permitted by right in the MHD:
10. ,
stations and appthtenanees owned and oper-atedby the Albemarle Geim� Se—i—kuthefity-.
Exeept as other-wise expressly provided, eentr-al water- supplies and eentral sewer-age systems
ee fefmanee with Chapter- 16 of the Code of Albemarle and all other- applieable laws
Water.
sewer, energy, communications distribution facilities (reference 5.1.12).
13. Public uses ,
playgr-etmds and reads funded, owned or oper-ated by Weal, state E)r- federal ageneies (r-efer-enee
(reference 31.2.5; 5.1.12).
19. Farm winery uses, events and activities authorized by section 5.1.25 (a) and (b).
26. Farm stands (reference 5.1.47). (Added 5 -5 -10)
28. Farm brewery uses, events and activities authorized by section 5.1.5 7Caj and (bl.
29. Events and activities at agricultural operations authorized by right under section 5.1.58(al.
(Ord. 05- 18(5), 6 -8 -05; Ord. 08- 18(2), 5 -7 -08; Ord. 10- 18(4), 5 -5 -10; Ord. 11- 18(4), 4 -6 -11)
16
Draft: 06/17/14
Sec. 11.3.2 By special use permit.
The following uses shall be permitted by special use permit in the MHD:
8. Farm winery uses, events and activities authorized by section 5.1.25(c), provided, however, that
no special use permit shall be required for any use that is otherwise permitted pursuant to section
11.3.1.
9. Farm brewery uses, events and activities authorized by section 5.1.57(c), provided, however, that
no special use permit shall be required for any use that is otherwise permitted pursuant to section
11.3.1.
10. Activities at agricultural operations authorized by special use permit under section 5.1.58(al;
provided, however, that no special use permit shall be required for any use that is otherwise
permitted pursuant to section 11.3.1.
(Ord. 05- 18(5), 6 -8 -05; Ord. 10- 18(4), 5 -5 -10; Ord. 11- 18(4), 4 -6 -11)
Article IV. Procedure
Sec. 31.5 Zoning clearance.
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
New use. Prior to establishing a new non - residential use, other than an agricultural; use
except as provided in subsections (a)(6) and (a)(71.
2. Change or intensification of existing use. Prior to changing or intensifying an existing
non - residential use, other than an agricultural; use except as provided in subsections
(a)(6) and (al(71.
Change of occupant. Prior to a new occupant taking possession of an existing non-
residential use, other than an agricultural; use except as provided in subsections (al(61
and (a)(7).
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use
for which a zoning clearance is required under section 5.
5. Commencement of extraction activity. Prior to commencing any natural resource
extraction activity within the natural resources overlay district.
6. Events and activities at agricultural operations. Prior to the first time that a specific class
of event or activity is held at an agricultural operation if a zoning clearance is required
under section 5.1.58(al.
17
Draft: 06/17/14
7. Outdoor amplified music. Prior to the first time that outdoor amplified music is
generated at an event or activity at a farm winery, farm brewery, or agricultural
operation.
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use
thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance.
Circumstance when zoning clearance shall not be issued. The zoning administrator shall not
issue a zoning clearance if, after review of any site, the zoning administrator determines that
additional improvements are necessary to protect the public health or safety, regardless of
whether the improvements are shown on the site plan.
d. Notice to the owner if the applicant is not the owner. Within ten (10) days after receipt of a
request for a zoning clearance by an applicant who is not the owner of the lot and /or structure to
which the zoning clearance pertains, and prior to acting on the request, the zoning administrator
or the applicant, at the zoning administrator's request, shall give written notice of the request to
the owner. Written notice mailed to the owner's last known address as shown on the current real
estate tax assessment records shall satisfy this notice requirement. If the zoning administrator
requests that the applicant provide the written notice, the applicant shall provide satisfactory
evidence to the zoning administrator that the notice has been given.
e. Commercial and industrial uses defined. For the purposes of this section 31.5, agriculture
composed of horticulture, viticulture, silviculture or other gardening which may involve the
tilling of soil for the raising of crops and the keeping of livestock and/or poultry is not a
commercial or industrial use, and a home occupation is a commercial use.
f. Effect of renumbering and renaming. Any other section of this chapter that refers to section
31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.5 or
a zoning clearance.
(§ 31.2.3.2, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01; Ord. 09- 18(3), 7 -1 -09; Ord. 11- 18(1), 1- 12 -11; Ord. 11-
18(8), 8 -3 -11)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as
recorded below, at a regular meeting held on
AY—e May
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
18
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2014 -1 Agricultural
Operations & Farm Breweries
SUBJECT /PROPOSAL /REQUEST: Public Hearing
to Amend the Zoning Ordinance to Address State
Code Requirements for Farms & Farm Breweries
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Wayne
Cilimberg, Greg Kamptner, Francis McCall
AGENDA DATE: July 15, 2014
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2014, State legislation became effective limiting a locality's ability to regulate certain
classes of activities associated with bona fide agricultural operations and farm breweries. Under the new State
legislation, regulating such activities by requiring a special use permit or a zoning clearance will be limited to
circumstances where there is "a substantial impact on the health, safety, or general welfare of the public ". In addition,
regulations adopted by a locality must be reasonable and take into account the economic impact of the regulation on
the agricultural operation or farm brewery and the agricultural nature of the activity.
On March 25, 2014, the Planning Commission adopted a Resolution of Intent authorizing staff to undertake a zoning
text amendment to ensure continued compliance with State law (Attachment C). On April 16, staff held a public
roundtable to inform interested parties of the new State legislation and receive feedback on proposed amendments to
the Zoning Ordinance in response to the new legislation. The Commission held two work sessions on May 13 and June
24 to consider proposed standards for regulating activities occurring at agricultural operations and farm breweries
(Attachments D, E & F). At the May 13 work session, the Commission directed staff to develop regulations for farm
breweries that would be similar to the existing regulations for farm wineries, but to develop separate regulations for
activities at agricultural operations because of the different issues they may present.
At the June 24 work session, the Commission generally supported the proposed ordinance amendments. With respect
to the proposed regulations for activities at agricultural operations, the Commission requested that more specific
criteria be included in the evaluation of whether or not an agricultural operation is bona fide. In addition, the
Commission asked that staff consider the alternative that agricultural operations on sites less than 21 acres be
required to obtain a zoning clearance before engaging in events, agritourism activities, or on -site retail sales. Staff has
considered the Commission's concern about the impacts of these activities on smaller parcels and the appropriateness
of a minimum 21 -acre site being the threshold for which a zoning clearance would be required. Staff continues to
recommend that a 5 -acre minimum site is an appropriate threshold when it is considered in conjunction with the
additional substantial impact threshold for activities generating more than 50 vehicle trips per day, as well as the
proposed noise and setback regulations to address potential impacts associated with these activities. Staff will monitor
the new regulations and propose further regulatory amendments if necessary.
On July 8, staff plans to meet with the Farm Bureau to get their feedback on the proposed ordinance amendments.
STRATEGIC PLAN:
Goal 3. Encourage a diverse and vibrant local economy.
Goal 4. Protect the County's parks and its natural, scenic and historic resources in accordance with the County's
established growth management policies.
Goal 5. Ensure the health and safety of the community.
DISCUSSION:
The draft ordinance provides the following:
Definitions for agricultural operation; agricultural operation event; agricultural products; devoted to the bonafide
production of animals, crops or fowl; farm brewery; farm brewery event; production agriculture and silviculture;
substantial impact; and usual and customary use, event, or activity
A purpose and intent section to ensure that events and activities at agricultural operations align with the
comprehensive plan's stated goals for the Rural Area
A zoning clearance requirement for outdoor amplified music at agricultural operations, farm breweries and new
farm wineries to verify that sound equipment can comply with noise regulations
Zoning clearance provisions for events and activities at agricultural operations to include verification of
compliance with VDOT entrance standards and Health Department requirements, adequate emergency vehicle
access, setbacks and parking requirements
Increased setbacks for outdoor activity areas, parking and portable toilets (75 feet from property line, 125 feet
from an adjoining residence)
Provisions for agricultural operations, farm breweries and farm wineries as follows:
Farm Wineries & Breweries
As requested by the Planning Commission, farm breweries and farm wineries will be treated the same, with the
addition of a zoning clearance requirement for new establishments wishing to have outdoor amplified music. Only one
zoning clearance would be required and would apply to any future event on the property. Existing farm wineries would
be exempt from the zoning clearance requirement.
Agricultural Operations
While agriculture will remain a by -right activity in the Rural Areas, certain activities and events at agricultural
operations would be regulated under the proposed ordinance based upon the following thresholds at which
substantial impacts on health, safety or general welfare to the public have been identified.
By-right
By right with Zoning Clearance
Special Use Permit
Farm Breweries
Production, harvesting, storage,
sales, tasting, agritourism activities
Outdoor amplified music
Events > 200 attendees at any
time
Events < 200 attendees at any time
Farm Wineries
Production, harvesting, storage,
sales, tasting, agritourism activities;
Events <_ 200 attendees at any time
Outdoor amplified music
(new establishments)
Events > 200 attendees at any
time
Agricultural Operations
While agriculture will remain a by -right activity in the Rural Areas, certain activities and events at agricultural
operations would be regulated under the proposed ordinance based upon the following thresholds at which
substantial impacts on health, safety or general welfare to the public have been identified.
* The term "site" means one or more abutting lots under the same ownership on which the agricultural operation and the event or activity is located.
" Events not deemed to be usual and customary at Virginia agricultural operations would be subject to the special events regulations outlined in
Section 5.1.43 of the Zoning Ordinance.
BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or
funding.
RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the draft ordinance
found in Attachment A. Attachment B shows the changes made to the draft ordinance since the Commission's June 24
work session.
ATTACHMENTS:
Attachment A: Draft Ordinance
Attachment B: Draft Ordinance showina chanaes to the June 17 Draft Ordinance
Attachment C: Resolution of Intent
Attachment D: May 13 Planning Commission Work Session Staff Report
Attachment E: June 24 Planning Commission Work Session Staff Report
Attachment F: June 24 Planning Commission Work Session Action Memo
By-right
By right with Zoning Clearance
Special Use Permit
Agricultural Operations
Production & harvesting
Agritourism, events or retail sales
Structures for farm sales
generating either > 50 vehicle
> 4,000 sf
trips/ day or occurring on sites < 5
acres in size
Agritourism or retail sales
Outdoor amplified music
Events > 200 attendees at any
generating <_ 50 vehicle trips/ day &
time or > 24 events of any size/
occurring on sites* >_ 5 acres in size;
year
Structures for farm sales
<_ 4,000 sf
Events — generating < 50 vehicle
trips/ day, occurring on sites ? 5
acres in size, & attracting <_ 200
attendees at any time
* The term "site" means one or more abutting lots under the same ownership on which the agricultural operation and the event or activity is located.
" Events not deemed to be usual and customary at Virginia agricultural operations would be subject to the special events regulations outlined in
Section 5.1.43 of the Zoning Ordinance.
BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or
funding.
RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the draft ordinance
found in Attachment A. Attachment B shows the changes made to the draft ordinance since the Commission's June 24
work session.
ATTACHMENTS:
Attachment A: Draft Ordinance
Attachment B: Draft Ordinance showina chanaes to the June 17 Draft Ordinance
Attachment C: Resolution of Intent
Attachment D: May 13 Planning Commission Work Session Staff Report
Attachment E: June 24 Planning Commission Work Session Staff Report
Attachment F: June 24 Planning Commission Work Session Action Memo
Draft: 07/07/14
ORDINANCE NO. 14 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE
IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Regulations, Article II, Basic Regulations, Article III, District Regulations, and
Article IV, Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.25 Farm winery
Sec. 5.1.47 Farm stands, farm sales and farmers markets
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 11.3.1 By right uses
Sec. 11.3.2 By special use permit
Sec. 31.5 Zoning clearance
By Adding:
Sec. 5.1.57 Farm breweries
Sec. 5.1.58 Events and activities at agricultural operations
Article I. General Provisions
Sec. 3.1 Definitions.
Agriculture: , silvieultffe E)r- other- gardening whieh may involve the 44ing of soil
for- the raising of er-eps; the keeping of livesteek andlor- pou4i-7y; a-n&or- agr-ieultwal in"str-ies or-
sales, f f. stands a-ad f fm°rs' mar ets One or more of the following. an agricultural operation,
aauaculture, a nursery, and the keening of livestock, poultry, or both, for any puwose: and which may
include accessory processing facilities for agricultural products grown or raised solely on the farm such as
fruit packing Dlants and dairies, but which do not include anv processing facilities permitted onlv by
special use permit in the district. (Amended 12 -2 -87, 5 -5 -10)
Agricultural operation: Any peration devoted to the bona fide production of crops, or animals, or fowl
including the production of fruits and vegetables of all kinds: meat, dairy, and poultry products: nuts.
tobacco, nursery, and floral products: and the production and harvest of products from silviculture
activity
Agricultural operation event: An event conducted at, and subordinate to, an agricultural operation on one
or more days where the VWose is agritourism, to promote the sale of agricultural or silvicultural
products, to promote the sale of food products, or other events that are usual and customary at Virginia
agricultural operations, including, but not limited to, tastings, farm -to -table dinners, agricultural festivals,
Draft: 07/07/14
auctions or livestock shows pertaining to livestock, animals or other agricultural products not grown or
raised at that agricultural operation, agritourism promotions, and fundraisers and charity events.
Agricultural products: Any livestock, aauaculture, poultry, horticultural, floricultural, viticulture.
silvicultural, or other farm crops.
Agritourism -: Any activity carried out on a farm or r at a farm winery, farm brewery, or an
agricultural operation that allows members of the general public, for recreational, entertainment, or
educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical,
cultural, harvest- your -own activities, or natural activities and attractions, regardless of whether or not the
participant paid to participate in the activity and these activities also include, but are not limited to.
educational programs, workshops or demonstrations related to agriculture or silviculture, farm tours,
hayrides. heirloom plant and animal exhibits, and crop mazes. (Added 5 -5 -10)
Devoted to the bona fide production of crops. animals or fowl: As it is used in the definition of
"agricultural operation." any lot on which producing one or more agricultural products is a primary use.
the agricultural operation is engaged in good faith for that purpose. as determined by objective evidence
which may include, but is not limited to, factors such as the proportion of capital investment, operating
expenses, labor, acreage devoted to agricultural production, and is not engaged in merely to enable the lot
to be eligible to host events and activities at an agricultural operation as provided in sections 10.2.1(301.
10.2.2(56), 11. 3.1(29). 11.3.2(10), and 5.1.58, as determined by objective evidence.
Farm brewery: An establishment located on one or more lots in Albemarle County licensed as a limited
brewery under Virginia Code 6 4.1 -208.
Farm brewery event: An event conducted at a farm brewery on one or more days where the purnose is
agritourism or to promote beer sales includin g. but not limited to, gatherings not otherwise expressly
authorized as a use under section 5.1.57(a), (b)(1) and (b)(3) through (b)(9) including, but 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 cWorate 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 Ssales: The sale of agricultural products, value -added products and accessory merchandise on a
farm, either outdoors or within a temporary or permanent structure, where the vendor selling the products
and merchandise is engaged in production agriculture on the farm on which the farm sales use is located.
(Added 10- 11 -95; Amended 5 -5 -10)
Farm Sstand: The sale of local agricultural products and value -added products, either outdoors or within a
temporary or permanent structure, where the vendor selling the products is engaged in production
agriculture in Albemarle County, but not on the lot on which the farm stand is located. (Added 5 -5 -10)
Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm
winery under Virginia Code § 4.1 -207. (Added 12 -16- 81; Amended 5 -5 -10)
2
Draft: 07/07/14
Farm winery event. -: An event conducted at a farm winery on one or more days where the purpose is
agritourism or to promote wine sales including, but not limited to, gatherings not otherwise expressly
authorized as a use under section 5.1.25(a), (b)(1) and (b)(3) through (b)(18 9) including, but 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. (Added 5 -5 -10)
Farmers' Mmarket: The sale of agricultural products, value -added products, and accessory merchandise
either outdoors or within a temporary or permanent structure by two (2) or more vendors in the rural areas
(RA) zoning district or by one or more vendors in any other zoning district where the use is allowed,
where each vendor selling the products and merchandise is engaged in production agriculture in
Albemarle County regardless of whether it is on or not on the lot on which the farmers' market is located.
(Added 10- 11 -95; Amended 5 -5 -10)
Production agriculture or production silviculture: The bona fide production or harvesting of agricultural
or silvicultural products but shall not include the processing of agricultural or silvicultural products or the
above ground application or storage of sewage sludge.
Substantial impact. A real or true adverse impact on: (i) an abutting lot or the neighborhood, including an
impact on any owner, occupant, or agricultural or silvicultural activity; or (ii) any rural road. natural
resource, cultural resource, or historical resource. A substantial impact may result from a wide variety of
factors including,, but not limited to, the generation of traffic, noise, dust, artificial outdoor light, trash; the
failure to provide adequate traffic controls and sanitation facilities; the cumulative effects of large
numbers of events and activities occurring simultaneously, particularly when they are in close proximity
to one another or require travel on the same rural roads; and events and activities that are incompatible
with existing production agriculture.
Usual and customary use, event or activity: A use, event or activity at a farm winery, farm brewery_ . or
agricultural operation that is both common or ordinary, and commonly practiced or engaged in at farm
wineries, farm breweries, or agricultural operations, as applicable, within the Commonwealth of Virginia,
as determined by objective evidence.
(§ 20 -3.1, 12- 10 -80, 7 -1 -81, 12- 16 -81, 2- 10 -82, 6 -2 -82, 1 -1 -83, 7 -6 -83, 11 -7 -84, 7- 17 -85, 3 -5 -86, 1 -1 -87,
6- 10 -87, 12 -2 -87, 7- 20 -88, 12 -7 -88, 11 -1 -89, 6- 10 -92, 7 -8 -92, 9- 15 -93, 8- 10 -94, 10- 11 -95, 11- 15 -95, 10-
9-96, 12- 10 -97; § 18 -3.1, Ord. 98 -A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 01- 18(9), 10- 17 -01; Ord.
02- 18(2), 2 -6 -02; Ord. 02- 18(5), 7 -3 -02; Ord. 02- 18(7), 10 -9 -02; Ord. 03- 18(1), 2 -5 -03; Ord. 03- 18(2), 3-
19-03; Ord. 04- 18(2), 10- 13 -04; 05- 18(2), 2 -2 -05; Ord. 05- 18(7), 6 -8 -05; Ord. 05- 18(8), 7- 13 -05; Ord.
06- 18(2), 12- 13 -06; Ord. 07- 18(1), 7- 11 -07; Ord. 07- 18(2), 10 -3 -07; Ord. 08- 18(3), 6- 11 -08; Ord. 08-
Draft: 07/07/14
18(4), 6- 11 -08; Ord. 08- 18(6), 11- 12 -08; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(3), 7 -1 -09; Ord. 09- 18(5),
7 -1 -09; 09- 18(8), 8 -5 -09; Ord. 09- 18(9), 10- 14 -09; Ord. 09- 18(10), 12 -2 -09; Ord. 09- 18(11), 12- 10 -09;
Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4), 5 -5 -10; Ord. 10- 18(5), 5- 12 -10; Ord. 11- 18(1), 1- 12 -11; Ord. 11-
18(5), 6 -1 -11; Ord. 11- 18(6), 6 -1 -11; Ord. 12- 18(3), 6 -6 -12; Ord. 12- 18(4), 7- 11 -12; Ord. 12- 18(6), 10 -3-
12, effective 1 -1 -13; Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13; Ord. 13- 18(1), 4 -3 -13; Ord. 13- 18(2), 4 -3-
13; Ord. 13- 18(3), 5 -8 -13; Ord. 13- 18(5), 9- 11 -13; Ord. 13- 18(6), 11- 13 -13, effective 1 -1 -14; Ord. 13-
18(7), 12 -4 -13, effective 1 -1 -14; Ord. 14-18(2),3-5-14)
State law reference — Va. Code § 15.2- 2286(A)(4).
Article II. Basic Regulations
Sec. 5.1.25 Farm winery
Each farm winery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses ") are
permitted at a farm winery:
The production and harvesting of fruit and other agricultural products and the
manufacturing of wine including, but not limited to, activities related to the production of
the agricultural products used in wine; including, but not limited to, growing, planting
and harvesting the agricultural products and the use of equipment for those activities.
2. The sale, tasting, including barrel tastings, or consumption of wine within the normal
course of business of the farm winery.
The direct sale and shipment of wine by common carrier to consumers in accordance with
Title 4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control
Board.
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed
wholesalers, and out -of -state purchasers in accordance with Title 4.1 of the Virginia
Code, regulations of the Alcoholic Beverage Control Board, and federal law.
The storage, warehousing, and wholesaling of wine in accordance with Title 4.1 of the
Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.
6. The sale of wine - related items that are incidental to the sale of wine including but not
limited to the sale of incidental gifts such as cork screws, wine glasses, and t- shirts.
67. Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, provided that wine is
not sold or marketed and for which no consideration is received by the farm winery or its
agents.
b. Agritourism uses or wine sales related uses. The following uses are permitted at a farm winery,
provided they are related to agritourism or wine sales:
Exhibits, museums, and historical segments related to wine or to the farm winery.
4
Draft: 07/07/14
Farm winery events at which not more than two hundred (200) persons are in attendance
at any time.
Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
4. Hayrides.
Kitchen and catering activities related to a use at the farm winery.
6. Picnics, either self - provided or available to be purchased at the farm winery.
Providing finger foods, soups and appetizers for visitors.
8. The sale of wifie r-ela4ed items that afe ineidepAal to the sale of wine ineltiding, btit not
limited to the sale of ineidental gifts siieh as eef4i sefews, wine glasses, and t shifts.
98. Tours of the farm winery, including the vineyard.
4-09. Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time.
4410. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm wineries throughout the Commonwealth, which do not create a substantial impact
on the health, safety or welfare of the public, and at which not more than two hundred
(200) persons are in attendance at any time.
Agritourism uses or wine sales related uses; more than 200 person at any time; special use
permit. The following uses, at which more than two hundred (200) persons will be allowed to
attend at any time, are permitted at a farm winery with a special use permit, provided they are
related to agritourism or wine sales:
Farm winery events.
Weddings and wedding receptions.
Other uses not expressly authorized that are agritourism uses or wine sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
wineries throughout the Commonwealth.
d. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 31.6.2 33.4, each application for one or more uses authorized under section 5.1.25(c) shall
include the following:
Information. Information pertaining to the following: (i) the proposed uses; (ii) the
maximum number of persons who will attend each use at any given time; (iii) the
frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location,
height and lumens of outdoor lighting for each use; and (vi) the location of any stage,
structure or other place where music will be performed.
Draft: 07/07/14
2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses; (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter; and (iii) how potential
adverse impacts to adjoining pro abutting lots will be mitigated so they are not
substantial.
Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to ,
and shall not be deemed to be an o o pt sound , ndef seet on n 19.0 the following:
1. Zoning clearance. Each farm winery established on and after August 13, 2014 shall
obtain approval of a zoning clearance under section 31.5 prior to generating any outdoor
amplified music at the farm winery. The p=ose of the zoning clearance shall be to
verify that the sound equipment at the farm winery will comply with the applicable
standards in section 4.18 or that the owner has and will use a sound level meter as that
term is defined in section 4.18.02 prior to and while outdoor amplified music is being
played, to monitor compliance with the applicable standards in section 4.18, or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(Jl.
f. Yards. Notwithstanding any other provision of this chapter, the minimum front, side and rear
yard requirements in section 10.4 shall apply to all primary and accessory structures established
after May 5, 2010 and to all tents, off - street parking areas and portable toilets used in whole or in
part to serve any use permitted at a farm winery, provided that the zoning administrator- may
re&ee the minimum required yard may be reduced by special exception upon finding t
consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to
the public health, safety or welfare; and (iii) written consent has been provided by the owner of
the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(1), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 10- 18(3), 5 -5 -10; Ord.
11- 18(3), 3 -9 -11)
Sec. 5.1.47 Farm stands and farmers' markets.
Each farm stand,, fi&w ale and farmers' market shall be subject to the following, as applicable:
a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand
^ d or farmers' market shall obtain approval of a zoning clearance issued by the zoning
administrator as provided by section 31.5 before the use is established as provided herein:
0
Draft: 07/07/14
Application. Each application for a zoning clearance shall include a letter or other
evidence from the Virginia Department of Transportation establishing that it has
approved the entrance from the public street to the proposed use and:
(a) Farm stands -a v tea" mses. For farm stands and farm sales oses, a sketch
plan, which shall be a schematic drawing of the site with notes in a form and of a
scale approved by the zoning administrator depicting: (i) all structures that would
be used for the use; (ii) how access, on -site parking, outdoor lighting, signage
and minimum yards will be provided in compliance with this section and this
chapter; and (iii) how potential adverse impacts to adjoining property will be
mitigated.
(b) Farmers' markets. For farmers' markets, an approved site plan waiver as
provided in section 32.2(b).
2. Notice. The zoning administrator shall provide written notice that an application for a
zoning clearance for a farm stand, & =m sales or by right farmers' market has been
submitted to the Virginia Department of Health and to the owner of each abutting lot
under different ownership than the lot on which the proposed use would be located. The
notice shall identify the proposed use and its size and location and invite the recipient to
submit any comments before the zoning clearance is acted upon. The notice shall be
mailed at least €rye -(5) ten 10 days prior to the action on the zoning clearance as
provided in section 32.4.2.5 32.4.2.1 . The review by the Virginia Department of
Health shall be independent of the zoning administrator's review of the application for a
zoning clearance and the approval of the zoning clearance shall not be dependent on any
approval by the Virginia Department of Health. The notice requirements shall not apply
to a zoning clearance required for a farmers' market that has been approved by special
use permit.
b. Structure size. Structures used in conjunction with a farm stand, farm sales iase and or farmers'
market shall comply with the following:
Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter,
"new permanent structure ") used for a farm stand shall not exceed one thousand five
hundred (1500) square feet gross floor area. Any permanent structure, regardless of its
size, established prior to May 5, 2010 (hereinafter, "existing permanent structure ") may
be used for a farm stand provided that if the structure does not exceed one thousand five
hundred (1500) square feet gross floor area, its area may be enlarged or expanded so that
its total area does not exceed one thousand five hundred (1500) square feet gross floor
area, and further provided that if the existing structure exceeds one thousand five hundred
(1500) square feet gross floor area, it may not be enlarged or expanded while it is used as
a farm stand.
7
PENN
iAAA
S.
7
Draft: 07/07/14
s
32. Farmers' markets. Any new or existing permanent structure may be used for a farmers'
market without limitation to its size.
Yards. Notwithstanding any other provision of this chapter, the following minimum front, side
and rear yard requirements shall apply to a farm stand, fiffm sales use, an or farmers' market:
New permanent structures and temporary structures. The minimum front, side and rear
yards required for any new permanent structure or temporary structure shall be as
provided in the bulk and area regulations established for the applicable zoning district,
provided that the minimum front yard on an existing public road in the rural areas (RA)
zepAng district shall be thirty-five (35) feet. The zoning .,aministfater- may r -eduee the
minimum required yard maybe reduced by special exception upon
consideration of the following:: (i) there is no detriment to the abutting lot; (ii) there is no
harm to the public health, safety or welfare; and (iii) written consent has been provided
by the owner of the abutting lot consenting to the reduction.
2. Existing permanent structures. If an existing permanent structure does not satisfy any
minimum yard requirement under subsection 5.1.47(c)(1), the minimum yard required
shall be the distance between the existing permanent structure and the street, road, access
easement or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An
enlargement or expansion of the structure shall be no closer to a street, road, access
easement or lot line than the existing structure.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand, fafm sales use, and or farmers' market:
Number ofspaces. Each use shall provide one (1) parking space per two hundred (200)
square feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street
right -of -way.
Design and improvements. In conjunction with each applieatie reauest for a
zoning clearance, the zoning administrator shall identify the applicable parking design
and improvements required that are at least the minimum necessary to protect the public
health, safety and welfare by providing safe ingress and egress to and from the site, safe
vehicular and pedestrian circulation on the site, and the control of dust as deemed
appropriate in the context of the use. The zoning administrator shall consult with the
county engineer, who shall advise the zoning administrator as to the minimum design and
improvements. Compliance with the identified parking design and improvements shall
be a condition of approval of the zoning clearance.
(§ 5.1.19, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; §5.1.35, Ord. 95- 20(3), 10- 11 -95; § 5.1.36, Ord. 95- 20(4),
10- 11 -95; § 5.1.47, Ord 10-18(4),5-5-10)
Sec. 5.1.57 Farm breweries.
Each farm brewery shall be subject to the following:
Draft: 07/07/14
a. Uses vermitted. The following uses. events and activities (hereinafter. collectivelv. "uses") are
permitted at a farm brewery:
1. The production and harvesting of barley, other grains, hops, fruit and other aW jcultural
products and the manufacturing of beer including, but not limited to, activities related to
the production of the agricultural products used in beer including, but not limited to,
growing, planting and harvesting the agricultural products and the use of equipment for
those activities.
2. The sale, tasting, or consumption of beer within the normal course of business of the farm
brewery.
3. The direct sale and shipment of beer in accordance with Title 4.1 of the Virginia Code
and the regulations of the Alcoholic Beverage Control Board.
4. The sale and shipment of beer to licensed wholesalers and out -of -state purchasers in
accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage
Control Board, and federal law.
5. The storage and warehousing of beer in accordance with Title 4.1 of the Virginia Code,
replations of the Alcoholic Beverage Control Board. and federal law.
6. The sale of beer - related items that are incidental to the sale of beer including, but not
limited to, the sale of incidental gifts such as bottle openers, beer glasses, and t- shirts.
7. Private personal at�gs of a farm brewery owner who resides at the farm brewery or
on property adjacent thereto that is owned or controlled by the owner, provided that beer
is not sold or marketed and for which no consideration is received by the farm brewery or
its agents.
b. Agritourism uses or beer sales related uses. The following uses are permitted at a farm brewery,
provided they are related to agritourism or beer sales:
1. Exhibits, museums, and historical segments related to beer or to the farm brewery.
2. Farm brewery events at which not more than two hundred (200) persons are in attendance
at any time.
3. Guest brewmasters and trade accommodations of invited guests at a farm brewery
owner's private residence at the farm winery.
4. Hayrides.
5. Kitchen and catering activities related to a use at the farm brewery.
6. Picnics, either self - provided or available to be purchased at the farm brewerv.
7. Providing finger foods, soups and appetizers for visitors.
8. Tours of the farm brewery, including the areas where agricultural products are grown.
Draft: 07/07/14
9. Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time.
10. Other uses not expressly authorized that are agritourism uses or are beer sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm breweries throughout the Commonwealth, which do not create a substantial impact
on the health, safety or welfare of the public, and at which not more than two hundred
2001 persons are in attendance at any time.
C. Agritourism uses or beer sales related uses: more than 200 person at any time: special use
permit. The following uses, at which more than two hundred (200) persons will be allowed to
attend at any time, are permitted at a farm brewery with a special use permit, provided they are
related to agritourism or beer sales:
1. Farm brewery events.
2. Weddings and wedding eceptions.
3. Other uses not expressly authorized that are agritourism uses or beer sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
breweries throughout the Commonwealth.
d. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more uses authorized under section 5.1.57(c) shall
include the following:
1. Information. Information pertaining to the following: (i) the proposed uses: (ii) the
maximum number of persons who will attend each use at any given time: (iiil the
frequency and duration of the uses: (iv) the provision of on -site parking: (v) the location,
height and lumens of outdoor lighting for each use: and (vi) the location of any stage,
structure or other place where music will be performed.
2. Sketch plan. A sketch Dlan. which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses: (ii) how access, on -site parking, outdoor lighting, signage and
minimum ,yards will be provided in compliance with this chapter; and (iii) how potential
adverse impacts to abutting lots will be mitigated so they are not substantial.
e. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following
1. Zoning clearance. Each farm brewery shall obtain approval of a zoning clearance under
section 31.5 prior to generating any outdoor amplified music at the farm brewery. The
purpose of the zoning clearance shall be to verify that the sound equipment at the farm
brewery will comply with the applicable standards in section 4.18 or that the owner has
and will use a sound level meter as that term is defined in section 4.18.02 prior to and
while outdoor amplified music is being played, to monitor compliance with the applicable
standards in section 4.18 or both.
10
Draft: 07/07/14
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(Jl.
f. Yards. Notwithstanding anv other provision of this chapter. the minimum front. side and rear vard
requirements in section 10.4 shall apply to all primary and accessory structures and to all tents,
off - street parking areas and portable toilets used in whole or in part to serve any use permitted at
a farm brewery, provided that the minimum required yard may be reduced by special exception
upon consideration of the following: (i) there is no detriment to the abutting lot: (ii) there is no
harm to the public health, safety or welfare: and (iiil written consent has been provided by the
owner of the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
See, 5.1.58 Events and activities at agricultural operations
Each event or activity at an agricultural operation authorized below shall be subject to the following:
a. Purpose and intent. The purpose and intent of this section 5.1.58 is to implement policies of the
comprehensive plan and the requirements of Virginia Code -§- 15.2- 2288.6. The county's stated
vision in the rural areas includes having a strong agricultural economy with large lots on which to
produce agricultural products, opportunities to gain value from processing hose products, and
accessing local markets: maintaining a clearly visible rural character achieved by supporting
lively rural industries and activities: and having a significant tourist economy in which the rural
landscape augments the visitors' experience. The comprehensive plan's stated goal to protect the
county's agricultural lands as a resource base for its agricultural industries and for the related
benefits they contribute towards the county's rural character, scenic quality, natural environment
and fiscal health is achieved, in part, by allowing appropriately appropriately scaled low- impact events and
activities on farms engaged in agricultural production as provided in this section. The
comprehensive plan's stated goal to encourage creative and diverse forms of rural production and
to support rural land uses that provide rural landowners with economic viability is achieved in
part, by authorizing the events and activities authorized by this section such as farm sales, low -
impact forms of agritourism and other events and activities described herein.
The comprehensive Dlan also recognizes that conflicts can arise not onlv between agricultural and
residential uses, but also between different agricultural uses. To minimize possible adverse
impacts, this section incorporates strategies in the comprehensive plan to address potential
impacts by establishing additional setbacks, minimum area requirements, thresholds to address
significant traffic concerns, and limits on the size and intensity of events and activities allowed by
this section to ensure that they do not conflict with the character of the Rural Areas.
This section shall be implemented and interpreted to achieve the objectives of its purpose and
intent.
11
Draft: 07/07/14
b. Findings. The board herebv finds that the standards and restrictions in this section were
established by considering their economic impact on the agricultural operation and the
aagdcultural nature of the events and activities. The board further fmds that a substantial impact on
the health, safety, or general welfare of the public has been identified where a zoning clearance or
a special use permit is required by this section. These substantial impacts and the standards
related thereto, are based upon the comprehensive plan, study, experience from authorizing and
regulating similar events and activities, and state standards.
C. Events and activities vermitted. The following events. activities. and structures are permitted b
ri ght. permitted by right with approval of a zoning clearance, and by special use permit as
provided in the following table, provided that these events, activities, and structures are
individually and in the aggregate subordinate to the agricultural operation, and subject to the
applicable requirements of this section and this chapter:
12
By right
By special
Event or activity
Criterion
By right
with
use
Wr
zoning
permit**
clearance*
Agritourism, excluding
On sites * ** greater than or equal to 5
harvest - your -own
acres and the activity will generate 50 or
X
activities
fewer visitor vehicle trips per day
( "VTPD ")
Either on sites less than 5 acres or the
activity will generate more than 50 visitor
X
VTPD
The sale of agricultural
On sites greater than or equal to 5 acres
or silvicultural products,
and the activity will generate 50 or fewer
X
or the sale of
visitor VTPD
agricultural- related or
On sites less than 5 acres or the activity
silvicultural- related
will generate more than 50 visitor VTPD
X
items incidental to the
agricultural operation,
Structures used for the sales activity, in
including farm sales and
the aggregate, are less than or equal to
X
harvest- your -own
4,000 square feet gross floor area
Structures used for the sales activity, in
activities ( "sale of
agricultural or
the aggregate, are greater than 4,000
X
silvicultural products ")
square feet gross floor area
The preparation,
On sites greater than or equal to 5 acres
processing, or sale of
and the activity will generate 50 or fewer
food products in
visitor VTPD
X
compliance with
Virginia Code § 3.2-
5130(A)(3), (4) and (5)
On sites less than 5 acres or the activity
or related state laws and
will generate more than 50 visitor VTPD
regulations ( "sale of
X
food products ")
Agricultural operation
The event will generate 50 or fewer
events
attendee VTPD and will occur on sites
X
greater than or equal to 5 acres
12
Draft: 07/07/14
* The zoning clearance shall be obtained under section 31.5 and shall include considering the matters in
section 5.1.58 d.
** The special use permit shall be obtained under section 33 and, in addition to the requirements of that
section, shall include the information required by section 5.1.58(el.
* ** The term "site." as used in this section, means one or more abutting lots under the same ownership on
which the agricultural operation and the event or activity is located.
d. Matters to be considered in review ofreauest for avvroval ofzonino clearance. In reviewing a
request for approval of a zoning clearance, the zoning administrator's review shall include
verifying that the proposed event or activity complies with the applicable minimum yard
standards in subsection (g). Vir impartment of Transportation entrance standards. Virginia
Department of Health health and sanitation standards, and shall ensure that on -site travelwav_ s can
accommodate emergency vehicles, adequate on -site parking is provided in a location that
complies with this chapter, and that all improvements comply with the applicable requirements in
section 4 of this chapter.
e. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more event or activity ( "use ") for which a special use
permit is required under section 5.1.58(c) shall include the following:
1. Information. Information pertaining to the following: (i) the proposed uses: (ii) the
maximum number of persons who will attend each use at any given time: (iiil the
frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location,
height and lumens of outdoor lighting for each use: and (vi) the location of any stage.
structure or other place where music will be performed.
2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
13
By right
By special
Event or activity
Criterion
By right
with
use
AL
zoning
permit**
clearance'
The event will generate more than 50
attendee VTPD or occur on sites less than
X
5 acres but have 200 or fewer attendees
The event will have more than 200
attendees, regardless of the number of
X
VTPD or the acreage of the site
The number of events in a calendar year
would exceed 24, regardless of the
number of VTPD, number of attendees,
X
or the acreage of the site
Other events or activities
The applicable criteria will depend on
Determined
Determined
Determined
which are determined by
whether the proposed event or activity is
by how
by how
by how
the zoning administrator
classified as agritourism, sales, or an
event or
event or
event or
to be usual and
event; and the applicable criterion of the
activity is
activity is
activity is
customary uses at
events or activities listed above shall
classified
classified
classified
agricultural operations
apply
throughout the
Commonwealth
* The zoning clearance shall be obtained under section 31.5 and shall include considering the matters in
section 5.1.58 d.
** The special use permit shall be obtained under section 33 and, in addition to the requirements of that
section, shall include the information required by section 5.1.58(el.
* ** The term "site." as used in this section, means one or more abutting lots under the same ownership on
which the agricultural operation and the event or activity is located.
d. Matters to be considered in review ofreauest for avvroval ofzonino clearance. In reviewing a
request for approval of a zoning clearance, the zoning administrator's review shall include
verifying that the proposed event or activity complies with the applicable minimum yard
standards in subsection (g). Vir impartment of Transportation entrance standards. Virginia
Department of Health health and sanitation standards, and shall ensure that on -site travelwav_ s can
accommodate emergency vehicles, adequate on -site parking is provided in a location that
complies with this chapter, and that all improvements comply with the applicable requirements in
section 4 of this chapter.
e. Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more event or activity ( "use ") for which a special use
permit is required under section 5.1.58(c) shall include the following:
1. Information. Information pertaining to the following: (i) the proposed uses: (ii) the
maximum number of persons who will attend each use at any given time: (iiil the
frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location,
height and lumens of outdoor lighting for each use: and (vi) the location of any stage.
structure or other place where music will be performed.
2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
13
Draft: 07/07/14
would be used for the uses: (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chanter: and (iii) how potential
adverse impacts to abutting lots will be mitigated so they are not substantial.
f. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following:
1. Zoning clearance. Each agricultural operation shall obtain approval of a zoning clearance
under section 31.5 prior to generating any outdoor amplified music at the agricultural
operation. The p=ose of the zoning clearance shall be to verify that the sound
equipment at the agricultural operation will comply with the applicable standards in
section 4.18 or that the owner has and will use a sound level meter as that term is defined
in section 4.18.02 prior to and while outdoor amplified music is being played to monitor
compliance with the applicable standards in section 4.18. or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(J).
g. Yards and separation from dwelling units. Notwithstanding any oprovision of this chapter.
the following minimum front, side and rear yard requirements shall apply to any event or activity:
1. Structures used for sales: The minimum yards for structures used for the sale of
agricultural or silvicultural products shall be as follows:
a. New permanent structures and temporary structures. The minimum front. side
and rear yards required for any new permanent structure or temporary structure
shall be as provided in the bulk and area regulations established for the
applicable zoning district, provided that the minimum front yard on an existing
public road in the rural areas (RA) shall be thirty -five (35) feet. The minimum
required yard may be reduced by special exception upon consideration of the
following: (i) there is no detriment to the abutting lot: (ii) there is no harm to the
public health, safety or welfare: and (iii) written consent has been provided by
the owner of the abutting lot consenting to the reduction.
b. Existing permanent structures. If an existing permanent structure does not
satisfy any minimum yard requirement under subsection (g)(1)(a), the minimum
and required shall be the distance between the existing permanent structure and
the street, road, access easement or lot line on August 13, 2014 and that distance
shall not be thereafter reduced. An enlargement or expansion of the structure
shall be no closer to a street, road, access easement or lot line than the existing
structure.
2. Outdoor event and activitv areas. The minimum front. side and rear vards for outdoor
event and activity areas shall be seventy -five (75) feet. In addition, outdoor event and
activity areas shall be a minimum of one hundred twenty-five -five 125) feet from any
dwelling unit on an abutting lot not under the same ownership as the agricultural
operation. These minimum standards shall not apply to any portion of the agricultural
14
Draft: 07/07/14
operation that is engaged in production agriculture or silviculture even though it also is
used for an agritourism activity.
3. Parking areas. and portable toilets. The minimum front. side and rear vards for parkin
areas and portable toilets shall be seventy -five (75) feet. In addition, parking areas and
portable toilets shall be a minimum of one hundred twenty -five (125) feet from any
dwelling unit on an abutting lot not under the same ownership as the agricultural
operation.
h. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
i. Agricultural operation unaffected. This section applies only to the events and activities permitted
by right and by special use permit under subsection (c) and does not apply to the agricultural
operation itself.
Article III. District Regulations
Section 10. Rural Areas
Sec. 10.2.1 By right.
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
6. ,
lines, tfa-asfe neter-s and related f4eilifies for- distribution of leeal sel:viee and owfled
Water distfibu4ion and sewer-age eolleetion lines, pjjm—q
Emeept as other-wise expressly provided, eei4r-al wa4er- supplies and eepAr-al sewer-age systems
eonfofmanee with Chapter- 16 of the Code of Albemarle and all other- appheable 1
Water.
sewer, energy, communications distribution facilities (reference 5.1.121 . (Amended 5- 12 -93)
9. Public uses
,
playgr-ettads and reads ftinded, owned or- oper-a4ed by leeal, state or- federal ageneies (r-efer-eaee
31.2.5); ptiblie wa4er- a-ad sewer- tfansmis i I tflink lines, tr-ea4tmea4 f4eilities, pumping
(reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
15
Draft: 07/07/14
17. Farm winery uses events and activities authorized and by section 5.1.25(a) and (b). (Added
12- 16 -81; Amended 5 -5 -10)
27. Farm stands (reference 5.1.47) (Added 5 -5 -10)
29. Farm brewery uses, events and activities authorized by section 5.1.57CaA and (bl.
30. Events and activities at agricultural operations authorized by right under section 5.1.58(cl.
(§ 20- 10.2.1, 12- 10 -80; 12- 16 -81; 7 -6 -83; 11 -1 -89; 11 -8 -89; 11- 11 -92; 5- 12 -93; Ord. 95- 20(5), 11- 15 -95;
Ord. 98 -A(1), § 18- 10.2.1, 8 -5 -98; Ord. 02- 18(6), 10 -9 -02; Ord 04- 18(2), 10- 13 -04; Ord. 06- 18(2), 12 -13-
06; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(11), 12- 10 -09; Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4), 5 -5 -10;
Ord. 11- 18(1), 1- 12 -11; Ord. 12- 18(3), 6 -6 -12; Ord. 13- 18(5), 9- 11 -13)
Sec. 10.2.2 By special use permit.
The following uses shall be permitted by special use permit in the RA district, subject to the applicable
requirements of this chapter: (Added 10 -9 -02; Amended 5 -5 -10)
2. Clubs; and lodges, eivie, pa4fie ems (reference 5.1.02).
Fire and rescue squad stations volunteer (reference 5.1.09).
6. ,
pumping sta4ions and apptH4eaanees, unmanned telephone exehange een4er-s; mier-e wave and
r. did wave tFa-,smissio and ,.olay towers, s4 stations .-ad . ..,,,4oa.,aees Energy and
communications transmission facilities (reference 5.1.121.
7. Day care centers, ehil faei y (reference 5.1.06).
45. Fafm sales (r-erar-eaee 5.'x.35). (Added 10 11 5)
53. Farm winery uses events and activities authorized unde by section 5.1.25(c). (Added 5 -5 -10)
54. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
55. Farm brewery uses, events and activities authorized by section 5.1.57(cl.
16
Draft: 07/07/14
56. Events and activities at agricultural operations authorized by special use permit under section
5.1.58 c .
(§ 20- 10.2.2, 12- 10 -80; 3- 18 -81; 2- 10 -82; 4- 28 -82; 7 -6 -83; 3 -5 -86; 1 -1 -87; 12 -2 -87; 11 -8 -89; 6- 10 -92;
11- 11 -92; Ord. 95- 20(1), 3- 15 -95; Ord. 95- 20(3), 10- 11 -95; Ord. 95- 20(5), 11- 15 -95; Ord. 98 -A(1), § 18-
10.2.2, 8 -5 -98; Ord. 99- 18(4), 6- 16 -99; Ord. 00- 18(6), 10- 18 -00; Ord. 01- 18(2), 3- 21 -01; Ord. 02- 18(6),
10 -9 -02; Ord. 04- 18(1), 5 -5 -04 effective 7 -1 -04; Ord.04- 18(2), 10- 13 -04; Ord. 05- 18(7), 6 -8 -05; Ord. 05-
18(8), 7- 13 -05; Ord. 06- 18(2), 12- 13 -06; Ord. 08- 18(7), 11- 12 -08; Ord. 10-18(3),5-5-10; Ord. 10- 18(4),
5 -5 -10; Ord. 11- 18(1), 1- 12 -11)
Section 11. Monticello Historic District
Sec. 11.3.1 By right uses.
The following uses shall be permitted by right in the MHD:
10. ,
I—, . Water- distr-ibtAiea and sewer-age eelleetion lines, pti '-9
and eper-ated MP,
R*eept as othefwise eqcpr-essly provided, eepAr-al water- s"plies and eepAr-al sewer-age systems
eefifefmanee with Chapter- 16 of the Code of Albemarle and all other- applieable laws
Water.
sewer, energy, communications distribution facilities (reference 5.1.121.
13. Public uses ,
31.2.5); publie water- and sewer- tfansmis i I tflink lines, tfeatmeftt faemilifies, ptmViag
(reference 31.2.5; 5.1.12).
19. Farm winery uses, events and activities authorized by section 5.1.25 (a) and (b).
25. Fafm sales {Tefefenee 5.1.47). ( n aaea c c i n)
26. Farm stands (reference 5.1.47). (Added 5 -5 -10)
28. Farm brewery uses, events and activities authorized by section 5.1.57(al and (b l.
29. Events and activities at agricultural operations authorized by right under section 5.1.58(cl.
17
Draft: 07/07/14
(Ord. 05- 18(5), 6 -8 -05; Ord. 08- 18(2), 5 -7 -08; Ord. 10- 18(4), 5 -5 -10; Ord. 11- 18(4), 4 -6 -11)
Sec. 11.3.2 By special use permit.
The following uses shall be permitted by special use permit in the MHD:
8. Farm winery uses, events and activities authorized by section 5.1.25(c), provided, however, that
no special use permit shall be required for any use that is otherwise permitted pursuant to section
11.3.1.
9. Farm brewery uses, events and activities authorized by section 5.1.57(c), provided, however, that
no special use permit shall be required for any use that is otherwise permitted pursuant to section
11.3.1.
10. Activities at agricultural operations authorized by pecial use permit under section 5.1.58(cl
provided, however, that no special use permit shall be required for any use that is otherwise
permitted pursuant to section 11.3.1.
(Ord. 05- 18(5), 6 -8 -05; Ord. 10- 18(4), 5 -5 -10; Ord. 11- 18(4), 4 -6 -11)
Article IV. Procedure
Sec. 31.5 Zoning clearance.
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
New use. Prior to establishing a new non - residential use, other than an agricultural; use
except as provided in subsections (a)(6) and (a)(71.
Change or intensification of existing use. Prior to changing or intensifying an existing
non - residential use, other than an agricultural; use except as provided in subsections
(a)(6) and (a)G).
Change of occupant. Prior to a new occupant taking possession of an existing non-
residential use, other than an agricultural; use except as provided in subsections (al(61
and (a)(7).
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use
for which a zoning clearance is required under section 5.
Commencement of extraction activity. Prior to commencing any natural resource
extraction activity within the natural resources overlay district.
6. Events and activities at agricultural operations. Prior to the first time that a specific class
of event or activity is held at an agricultural operation if a zoning clearance is required
under section 5.1.58(c).
18
Draft: 07/07/14
7. Outdoor amplified music. Prior to the first time that outdoor amplified music is
generated at an event or activity at a farm winery, farm brewery, or agricultural
operation, as provided in sections 5.1.25. 5.1.57. and 5.1.58, respectively..
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use
thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance.
Circumstance when zoning clearance shall not be issued. The zoning administrator shall not
issue a zoning clearance if, after review of any site, the zoning administrator determines that
additional improvements are necessary to protect the public health or safety, regardless of
whether the improvements are shown on the site plan.
d. Notice to the owner if the applicant is not the owner. Within ten (10) days after receipt of a
request for a zoning clearance by an applicant who is not the owner of the lot and/or structure to
which the zoning clearance pertains, and prior to acting on the request, the zoning administrator
or the applicant, at the zoning administrator's request, shall give written notice of the request to
the owner. Written notice mailed to the owner's last known address as shown on the current real
estate tax assessment records shall satisfy this notice requirement. If the zoning administrator
requests that the applicant provide the written notice, the applicant shall provide satisfactory
evidence to the zoning administrator that the notice has been given.
e. Commercial and industrial uses defined. For the purposes of this section 31.5, agr-iettltufe
tilling of soil for- the raising of er-ops a-ad the keeping of livestoek an&or- pottltfy is not a
eommer-eial °r in"stfial u production agriculture, production silviculture, and agricultural
operations are neither commercial nor industrial uses: - a home occupation is a commercial
use.
f. Effect of renumbering and renaming. Any other section of this chapter that refers to section
31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.5 or
a zoning clearance.
(§ 31.2.3.2, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01; Ord. 09- 18(3), 7 -1 -09; Ord. 11- 18(1), 1- 12 -11; Ord. 11-
18(8), 8 -3 -11)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Ave Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
19
Draft: 064707 /07/14
ORDINANCE NO. 14 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE
IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Regulations, Article 1I, Basic Regulations, Article I1I, District Regulations, and
Article IV, Procedure, are hereby amended and reordained as follows:
By Amending:
See. 3.1 Definitions
Sec. 5.1.25 Farm winery
Sec. 5.1.47 Farm stands, farm sales and farmers markets
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 11.3.1 By right uses
Sec. 11.3.2 By special use permit
Sec. 31.5 Zoning clearance
By Adding:
Sec. 5.1.57 Farm breweries
Sec. 5.1.58 Events and activities at agricultural operations
Article I. General Provisions
Sec. 3.1 Definitions.
Agriculture:
sales, fafm stands and farmers' madEets. One or more of the following agricultural operation.
1 Lure, a njustry n the keeping of livestock oul or both f r
,.., limited ,t , _,
� rehaf sane purpose; an whit may inc ude accessory processing facilities for
agricultural products grown or raised solely on the farm such as fruit packing plants- and, dairies —but Formatted: Double underline
which deesdo not include any processing facilities permitted only by special use permit in tl3isthe district
�EFor7matted:
Double underline
w seri., c ._ sales, r fm stands emd r fneA_ (Amended 12 -2 -87, 5 -5 -10) Formatted:
Double underline
Formatted: Double underline, Not
Agricultural operation: Any operation devoted to the bona fide production of crops, or animals, or fowl Strikethrough
including the production of fruits and vegetables of all kinds; meat, dairy. and poultry products: nuts.
tobacco, nursery, and floral products: and the production and haryest of products from silviculture Formatted: Double underline
activi
Agricultural operation event: An event conducted at, and subordinate to, an agricultural operation on one
or more days where the purpose is agritourism, to promote the sale of agricultural or silvicultural
products, to promote the sale of food products, or other events that are usual and customary at Virginia
agricultural operations, including, but not limited to, tastings, farm -to -table dinners, agricultural festivals.
Draft: 064707 /07/14
auctions or livestock shows pertaining to livestock, animals or other agricultural products not grown or
raised at that agricultural operation, agritourism promotions, and fundraisers and charity events.
Agricultural products: Any livestock, aauaculture, poultry. horticultural, floricultural, viticulture,
silvicultural, or other farm crops.
Agritourism _ Any activity carried out�eft a fafm or raaeh at a farm winery, farm brewery, or an Formatted: Strikethrough
agricultural operation —that allows members of the general public, for recreational, entertainment, or Formatted: Double underline
educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical,
cultural, harvest -your -own activities, or natural activities and attractions, regardless of whether or not the
participant paid to participate in the activity and these activities also include, but are not limited to.
educational programs, workshops or demonstrations related to agriculture or silviculture. farm tours.
h vrides. heirloom plant and animal exhibits, and crop mazes. (Added 5 -5 -10)
Devoted to the bona fide production ofcrons. animals or fowl: As it is used in the definition of
"agricultural aF&E u psi exoperation." any lot on which producing one or more agricultural products is a
primary use, the gricultural operation is engaged in good faith for that nurnose. as determined by
objective evidence which may include, but is not limited to, factors such as the proportion of capital
investment, operating expenses, labor, acreage devoted to agricultural production, and is not engaged in
merely to enable the pareellot to be eligible to host events and activities at an agricultural operation as
provided in sections 10.2.1(30). 10.2.2(56). 11, 3.1(29). 11.3.2(10). and 5.1.58, as determined by
objective evidence.
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 conducted at a farm brewery on one or more days where the puroose is
agritourism or to promote beer sales including, but not limited to, gatherings not otherwise expressly
authorized as a use under section 5.1.57(a). (b)(1) and (b)(3) through (b)(9) including, but 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 Ssales: The sale of agricultural products, value -added products and accessory merchandise on a
farm, either outdoors or within a temporary or permanent structure, where the vendor selling the products
and merchandise is engaged in production agriculture on the farm on which the farm sales use is located.
(Added 10- 11 -95; Amended 5 -5 -10)
Farm Sstand: The sale of local agricultural products and value -added products, either outdoors or within a
temporary or permanent structure, where the vendor selling the products is engaged in production
agriculture in Albemarle County, but not on the lot on which the farm stand is located. (Added 5 -5 -10)
Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm
winery under Virginia Code § 4.1 -207. (Added 12 -16- 81; Amended 5 -5 -10)
Draft: 064707 /07/14
Farm winery event., An event conducted at a farm winery on one or more days where the purpose is
agritourism or to promote wine sales including, but not limited to, gatherings not otherwise expressly
authorized as a use under section 5.1.25(a), (b)(1) and (b)(3) through (b)(40 9) including, but 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. (Added 5 -5 -10)
Farmers' Mmarket: The sale of agricultural products, value -added products, and accessory merchandise
either outdoors or within a temporary or permanent structure by two (2) or more vendors in the rural areas
(RA) zoning district or by one or more vendors in any other zoning district where the use is allowed,
where each vendor selling the products and merchandise is engaged in production agriculture in
Albemarle County regardless of whether it is on or not on the lot on which the farmers' market is located.
(Added 10- 11 -95; Amended 5 -5 -10)
Production agriculture or production silviculture: The bona fide production or harvesting of agricultural
or silvicultural products but shall not include the processing of agricultural or silvicultural products or the
above ground application or storage of sewage sludge.
Substantial impact. A real or true adverse impact on: (j) an abutting lot or the neighborhood, including an
impact on any owner, occupant, or agricultural or silvicultural activity; or (ii) any rural road, natural
resource, cultural resource, or historical resource. A substantial impact may result from a wide variety of
factors including, but not limited to, the generation of traffic, noise, dust, artificial outdoor light, trash; the
failure to provide adequate traffic controls and sanitation facilities; the cumulative effects of large
numbers of events and activities occurring simultaneously, when they are in close proximity
to one another or require travel on the same rural roads; and events and activities that are incompatible
with existing production agriculture.
Usual and customary aetivity ernese, event�4n o : A use, event or activity at an a farm winery, Formatted: Font: Italic
farm brewery, or agricultural operation. f ..... brewery. or f Fm winen that is aboth common or ordinary
eflt and- 44e" commonly practiced or engaged in at farm wineries, farm breweries, or
agricultural operations. -fa-fm h-req.A.,efies. ,._ c f. -°ii4efie° as applicable. within the Commonwealth of
Virginia, as determined by objective evidence
(§ 20 -3.1, 12- 10 -80, 7 -1 -81, 12- 16 -81, 2- 10 -82, 6 -2 -82, 1 -1 -83, 7 -6 -83, 11 -7 -84, 7- 17 -85, 3 -5 -86, 1 -1 -87,
6- 10 -87, 12 -2 -87, 7- 20 -88, 12 -7 -88, 11 -1 -89, 6- 10 -92, 7 -8 -92, 9- 15 -93, 8- 10 -94, 10- 11 -95, 11- 15 -95, 10-
9-96, 12- 10 -97; § 18 -3.1, Ord. 98 -A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 01- 18(9), 10- 17 -01; Ord.
02- 18(2), 2 -6 -02; Ord. 02- 18(5), 7 -3 -02; Ord. 02- 18(7), 10 -9 -02; Ord. 03- 18(1), 2 -5 -03; Ord. 03- 18(2), 3-
19-03; Ord. 04- 18(2), 10- 13 -04; 05- 18(2), 2 -2 -05; Ord. 05- 18(7), 6 -8 -05; Ord. 05- 18(8), 7- 13 -05; Ord.
Draft: 064707 /07/14
06- 18(2), 12- 13 -06; Ord. 07- 18(1), 7- 11 -07; Ord. 07- 18(2), 10 -3 -07; Ord. 08- 18(3), 6- 11 -08; Ord. 08-
18(4), 6- 11 -08; Ord. 08- 18(6), 11- 12 -08; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(3), 7 -1 -09; Ord. 09- 18(5),
7 -1 -09; 09- 18(8), 8 -5 -09; Ord. 09- 18(9), 10- 14 -09; Ord. 09- 18(10), 12 -2 -09; Ord. 09- 18(11), 12- 10 -09;
Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4), 5 -5 -10; Ord. 10- 18(5), 5- 12 -10; Ord. 11- 18(1), 1- 12 -11; Ord. 11-
18(5), 6 -1 -11; Ord. 11- 18(6), 6 -1 -11; Ord. 12- 18(3), 6 -6 -12; Ord. 12- 18(4), 7- 11 -12; Ord. 12- 18(6), 10 -3-
12, effective 1 -1 -13; Ord. 12-18(7),12-5-12, effective 4 -1 -13; Ord. 13-18(l),4-3-13; Ord. 13- 18(2), 4 -3-
13; Ord. 13- 18(3), 5 -8 -13; Ord. 13- 18(5), 9- 11 -13; Ord. 13- 18(6), 11- 13 -13, effective 1 -1 -14; Ord. 13-
18(7), 12 -4 -13, effective 1 -1 -14; Ord. 14- 18(2), 3 -5 -14)
State law reference - Va. Code § 15.2- 2286(A)(4)
Article II. Basic Regulations
Sec. 5.1.25 Farm winery&
Each farm winery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses ") are
permitted at a farm winery:
1. The production and harvesting of fruit and other agricultural products and the
manufacturing of wine including, but not limited to, activities related to the production of
the agricultural products used in wine-, including, but not limited to, growing, planting
and harvesting the agricultural products and the use of equipment for those activities.
2. The sale, tasting, including barrel tastings, or consumption of wine within the normal
course of business of the farm winery.
3. The direct sale and shipment of wine by common carrier to consumers in accordance with
Title 4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control
Board.
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed
wholesalers, and out -of -state purchasers in accordance with Title 4.1 of the Virginia
Code, regulations of the Alcoholic Beverage Control Board, and federal law.
5. The storage, warehousing, and wholesaling of wine in accordance with Title 4.1 of the
Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.
6. The sale of wine - related items that are incidental to the sale of wine including but not
limited to the sale of incidental gifts such as cork screws, wine glasses, and t- shirts.
67. Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, provided that wine is
not sold or marketed and for which no consideration is received by the farm winery or its
agents.
b. Agritourism uses or wine sales related uses. The following uses are permitted at a farm winery,
provided they are related to agritourism or wine sales:
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
Draft: 064707 /07/14
2. Farm winery events at which not more than two hundred (200) persons are in attendance
at any time.
3. Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
4. Hayrides.
5. Kitchen and catering activities related to a use at the farm winery.
6. Picnics, either self - provided or available to be purchased at the farm winery.
7. Providing finger foods, soups and appetizers for visitors.
lim-ited ts the sale efiiieideiital gifts sueh as eerk serews, wine glasses, and t shil4s.
18. Tours of the farm winery, including the vineyard.
4-09. Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time.
4410. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm wineries throughout the Commonwealth, which do not create a substantial impact
on the health, safety or welfare of the public, and at which not more than two hundred
(200) persons are in attendance at any time.
Agritourism uses or wine sales related uses; more than 200 person at any time; special use
permit. The following uses, at which more than two hundred (200) persons will be allowed to
attend at any time, are permitted at a farm winery with a special use permit, provided they are
related to agntourism or wine sales:
1. Farm winery events.
2. Weddings and wedding receptions.
3. Other uses not expressly authorized that are agritourism uses or wine sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
wineries throughout the Commonwealth.
Information and sketch plan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 3 .6.2 33.4, each application for one or more uses authorized under section 5.1.25(c) shall
include the following:
1. Information. hnformation pertaining to the following: (i) the proposed uses; (ii) the
maximum number of persons who will attend each use at any given time; (iii) the
frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location,
Draft: 064707 /07/14
height and lumens of outdoor lighting for each use; and (vi) the location of any stage,
structure or other place where music will be performed.
Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses; (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter; and (iii) how potential
adverse impacts to adjoining ffepe f abutting lots will be mitigated so they are not
substantial.
Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to seetion A 1 Q shall n e*eeed the ,. ...liea1.1,...... ad_ levels i seetimq A l
....a L,44all not be deemed to be an e. Eempt sound ....a,... ,,eetien 4.19.05(i).
the following:
1. Zoning clearance. Each farm winery established on and after August 13, 2014 shall
obtain approval of a zoning clearance under section 31.5 prior to generating any outdoor
amplified music at the farm winery. The purpose of the zoning clearance shall be to
verify that the sound equipment at the farm winery will comply with the anplicable
standards in section 4.18 or that the owner has and will use a sound level meter as that
term is defined in section 4.18.02 prior to and while outdoor amplified music is being
played, to monitor compliance with the applicable standards in section 4.18 or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be Formatted: Font: Italic
deemed to be an exempt sound under section 4.18.05(J).
Yards. Notwithstanding any other provision of this chapter, the minimum front, side and rear
yard requirements in section 10.4 shall apply to all primary and accessory structures established
after May 5, 2010 and to all tents, off - street parking areas and portable toilets used in whole or in
part to serve any use permitted at a farm winery, provided that thezoning administrator ma°
redeye the minimum required yard maybe reduced by special exception upon €fidifig-that
consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to
the public health, safety or welfare; and (iii) written consent has been provided by the owner of
the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(l), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 10- 18(3), 5 -5 -10; Ord.
11-18(3),3-9-11)
Sec. 5.1.47 Farm stands farm sales and farmers' markets.
Each farm stand, Fps 4s and farmers' market shall be subject to the following, as applicable:
Draft: 064707 /07/14
Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand, faro
sales t1se, ° , °�a or farmers' market shall obtain approval of a zoning clearance issued by the zoning
administrator as provided by section 31.5 before the use is established as provided herein:
Application. Each application for a zoning clearance shall include a letter or other
evidence from the Virginia Department of Transportation establishing that it has
approved the entrance from the public street to the proposed use and:
(a) Farm stands nd r °° °alas uges. For farm stands and- r � °°'°° u.ses, a sketch
plan, which shall be a schematic drawing of the site with notes in a form and of a
scale approved by the zoning administrator depicting: (i) all structures that would
be used for the use; (ii) how access, on -site parking, outdoor lighting, signage
and minimum yards will be provided in compliance with this section and this
chapter; and (iii) how potential adverse impacts to adjoining property will be
mitigated.
(b) Farmers' markets. For farmers' markets, an approved site plan waiver as
provided in section 32.2(b).
Notice. The zoning administrator shall provide written notice that an application for a
zoning clearance for a faun stand, Fes'°° use, or by right farmers' market has been
submitted to the Virginia Department of Health and to the owner of each abutting lot
under different ownership than the lot on which the proposed use would be located. The
notice shall identify the proposed use and its size and location and invite the recipient to
submit any comments before the zoning clearance is acted upon. The notice shall be
mailed at least five (5) ten 10 days prior to the action on the zoning clearance as
provided in section 12 4 23 32.4.2.1(e1. The review by the Virginia Department of
Health shall be independent of the zoning administrator's review of the application for a
zoning clearance and the approval of the zoning clearance shall not be dependent on any
approval by the Virginia Department of Health. The notice requirements shall not apply
to a zoning clearance required for a farmers' market that has been approved by special
use permit.
Structure size. Structures used in conjunction with a farm stand, fiffm sales use a or farmers'
market shall comply with the following:
Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter,
"new permanent structure ") used for a farm stand shall not exceed one thousand five
hundred (1500) square feet gross floor area. Any permanent structure, regardless of its
size, established prior to May 5, 2010 (hereinafter, "existing permanent structure ") may
be used for a farm stand provided that if the structure does not exceed one thousand five
hundred (1500) square feet gross floor area, its area may be enlarged or expanded so that
its total area does not exceed one thousand five hundred (1500) square feet gross floor
area, and further provided that if the existing structure exceeds one thousand five hundred
(1500) square feet gross floor area, it may not be enlarged or expanded while it is used as
a farm stand.
Draft: 064707 /07/14
32. Farmers' markets. Any new or existing permanent structure may be used for a farmers'
market without limitation to its size.
Yards. Notwithstanding any other provision of this chapter, the following minimum front, side
and rear yard requirements shall apply to a farm stand, farm sale, ase, ° or farmers' market:
New permanent structures and temporary structures. The minimum front, side and rear
yards required for any new permanent structure or temporary structure shall be as
provided in the bulk and area regulations established for the applicable zoning district,
provided that the minimum front yard on an existing public road in the rural areas (RA)
zenieg district shall be thirty-five (35) feet. The zeni" ..a.. mist+.,,..... may _,.a..,.e
minimum required yard may be reduced by special exception upon fi
consideration of the following:: (i) there is no detriment to the abutting lot; (ii) there is no
harm to the public health, safety or welfare; and (iii) written consent has been provided
by the owner of the abutting lot consenting to the reduction.
Existing permanent structures. If an existing permanent structure does not satisfy any
minimum yard requirement under subsection 5.1.47(c)(1), the minimum yard required
shall be the distance between the existing permanent structure and the street, road, access
easement or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An
enlargement or expansion of the structure shall be no closer to a street, road, access
easement or lot line than the existing structure.
Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand, fat:... sales iise, ° or farmers' market:
Number of spaces. Each use shall provide one (1) parking space per two hundred (200)
square feet of retail area.
Location. No parking space shall be located closer than ten (10) feet to any public street
right -of -way.
Design and improvements. In conjunction with each appkeatiea request for approval of a
zoning clearance, the zoning administrator shall identify the applicable parking design
and improvements required that are at least the minimum necessary to protect the public
health, safety and welfare by providing safe ingress and egress to and from the site, safe
vehicular and pedestrian circulation on the site, and the control of dust as deemed
appropriate in the context of the use. The zoning administrator shall consult with the
county engineer, who shall advise the zoning administrator as to the minimum design and
improvements. Compliance with the identified parking design and improvements shall
be a condition of approval of the zoning clearance.
(§ 5.1.19, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; §5.1.35, Ord. 95- 20(3), 10- 11 -95; § 5.1.36, Ord. 95- 20(4),
10- 11 -95; § 5.1.47, Ord 10- 18(4), 5 -5 -10)
Draft: 064707 /07/14
Each farm brewery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter. collectively. "uses "1 are
permitted at a farm brewery:
1. The production and harvesting of barley, other grains, hops, fiuit and other agricultural
products and the manufacturing of beer including, but not limited to, activities related to
the production of the agricultural products used in beer including, but not limited to,
growing, planting and harvesting the agricultural products and the use of equipment for
those activities.
2. The sale, tasting, or consumption of beer within the normal course of business of the farm
brewery.
3. The direct sale and shipment of beer in accordance with Title 4.1 of the Virginia Code
d the regulations of the Alcoholic Beverage Control Board.
4. The sale and shipment of beer to licensed wholesalers and out -of -state purchasers in
accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage
Control Board, and federal law.
5. The storage and warehousing of beer in accordance with Title 4.1 of the Virginia Code
regulations of the Alcoholic Beverage Control Board. and federal law.
6. The sale of beer - related items that are incidental to the sale of beer including. but not Formatted: Indent: Hanging: 0.5"
limited to, the sale of incidental gifts such as bottle openers, beer glasses. and t- shirts.
7. Private personal gatherings of a farm brewery owner who resides at the farm brewery or
on property adjacent thereto that is owned or controlled by the owner, provided that beer
is not sold or marketed and for which no consideration is received by the farm brewery or
its agents.
b. AZritourism uses or beer sales related uses. The following uses are permitted at a farm brewery ,
provided they are related to agdtourism or beer sales:
1. Exhibits, museums, and historical segments related to beer or to the farm brewery. Formatted: Indent: Hanging: 0.5"
2. Farm brewery events at which not more than two hundred (200) persons are in attendance Formatted: Indent: Hanging: 0.5"
at any time.
3. Guest brewmasters and trade accommodations of invited guests at a farm brewery
owner's private residence at the farm winery.
4. Hayrides.
5. Kitchen and catering activities related to a use at the farm brewery.
6. Picnics, either self - provided or available to be purchased at the farm brewery.
Formatted: Indent: Hanging: 0.5"
Formatted: Indent: Hanging: 0.5"
Formatted: Indent: Hanging: 0.5"
Formatted: Indent: Hanging: 0.5"
Draft: 064707 /07/14
7. Providing finger foods, soups and appetizers for visitors.
8. Tours of the farm brewery, including the areas where agricultural products are grown.
Formatted: Indent: Hanging: 1"
Formatted: Indent: Hanging: 0.5"
9. Weddings and wedding receptions at which not more than two hundred (2001 persons are Formatted: Indent: Hanging: 0.5"
in attendance at any time.
10. Other uses not expressly authorized that are agritourism uses or are beer sales related Formatted: Indent: Hanging: 0.5"
uses, which are determined by the zoning administrator to be usual and customary uses at
farm breweries throughout the Commonwealth. which do not create a substantial impact
on the health, safety or welfare of the public, and at which not more than two hundred
2001 persons are in attendance at any time.
C. Agritourism uses or beer sales related uses: more than 200 person at any time: special use
permit. The following uses, at which more than two hundred (200) persons will be allowed to
attend at any time, are permitted at a farm brewery with a special use permit, provided they are
related to agritourism or beer sales:
1. Farm brewery events.
2. Weddings and wedding receptions.
Formatted: Indent: Hanging: 0.5"
Formatted: Indent: Hanging: 0.5"
3. Other uses not expressly authorized that are agritourism uses or beer sales related uses Formatted: Indent: Hanging: 0.5"
which are determined by the zoning administrator to be usual and customary uses at farm
breweries throughout the Commonwealth.
d. Information and sketch plan to be submitted with application for a special use permit. hi addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more uses authorized under section 5.1.57(cl shall
include the following:
1. Information. Information pertaining to the following: (i) the proposed uses: (ii) the Formatted: Indent: Hanging: 0.5"
maximum number of persons who will attend each use at any given time: (iiil the
frequency and duration of the uses: (iv) the provision of on -site parking: (v) the location,
height and lumens of outdoor lighting for each use: and (vi) the location of any stage .
structure or other place where music will be performed.
2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (il all structures that
would be used for the uses: (ii) how access, on -site parking, outdoor lighting. signage and
minimum yards will be provided in compliance with this chanter: and (iii) how potential
adverse impacts to abutting lots will be mitigated so they are not substantial.
e. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following
1. Zoning clearance. Each farm brewery shall obtain approval of a zoning clearance under Formatted: Indent: Hanging: 0.5"
section 31.5 prior to generating any outdoor amplified music at the farm brewery. The
p=ose of the zoning clearance shall be to verify that the sound equipment at the farm
brewery will comply with the applicable standards in section 4.18 or that the owner has
10
Draft: 064707 /07/14
and will use a sound level meter as that term is defined in section 4.18.02 prior to and
while outdoor amplified music is being played, to monitor compliance with the applicable
standards in section 4.18 or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the Formatted: Indent: Hanging: 0.5
applicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be Formatted: Indent: Hanging: 0.5
deemed to be an exempt sound under section 4.18.05(J).
f. Yards. Notwithstanding anv other provision of this chapter, the minimum front. side and rear vard
requirements in section 10.4 shall apply to all primary and accessory structures and to . all tents
off - street narking areas and portable toilets used in whole or in part to serve any use permitted at
a farm brewery. provided that the minimum required yard may be reduced by special exception
upon consideration of the following: (i) there is no detriment to the abutting lot: (ii) there is no
harm to the public health, safety or welfare: and (iii) written consent has been provided by the
owner of the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
Sec. 5.1.58 Events and activities at agricultural operations.
Each event or activity at an agricultural operation authorized below shall be subject to the following:
aa. Purpose and intent. The purpose and intent of this section 5.1.58 is to implement policies of the
comprehensive plan and the requirements of Virginia Code & 15.2- 2288.6. The county's stated
vision in the rural areas includes having g strong agricultural economy with large lots on which to
produce agricultural products, opportunities to gain value from processing those hose products, an d
accessing local markets; maintaining a clearly visible rural character achieved by supporting
lively rural industries and activities; and having a significant tourist economy in which the rural
landscape augments the visitors' experience. The comprehensive plan's stated og al to protect the
county's agricultural lands as a resource base for its agricultural industries and for the related
benefits they contribute towards the county's rural character, scenic quality, natural environment,
and fiscal health is achieved, in part, by allowing Vpropriately scaled low- impact events and
activities on farms engaged in agricultural production as provided in this section. The
comprehensive plan's stated goal to encourage creative and diverse forms of rural production and
to support rural land uses that provide rural landowners with economic viability is achieved, in
part, by authorizing the events and activities authorized by this section such as farm sales, low -
impact forms of agritourism and other events and activities described herein.
The comprehensive plan also recognizes that conflicts can arise not only between agricultural and
residential uses, but also between different agricultural uses. To minimize possible adverse
impacts, this section incorporates strategies in the comprehensive plan to address potential
impacts by establishing additional setbacks, minimum area requirements, thresholds to address
significant traffic concerns, and limits on the size and intensity of events and activities allowed by
this section to ensure that they do not conflict with the character of the Rural Areas.
11
Draft: 064707 /07/14
This section shall be implemented and interpreted to achieve the objectives of its 1umose and
intent.
b. Findings. The board hereby finds that the standards and restrictions in this section were
established by considering their economic impact on the agricultural operation and the
agricultural nature of the events and activities. The board further finds that a substantial impact on
the health, safety, or general welfare of the public has been identified where a zoning clearance or
a special use permit is required by this section. These substantial impacts, and the standards
related thereto, are based upon the comprehensive plan, study, experience from authorizing and
regulating similar events and activities, and state standards.
C. Events and activities permitted. The following events, activities, and structures are permitted by
right, permitted by right with approval of a zoning clearance, and by special use permit as
provided in the following table, provided that these events, activities, and structures are
individually and in the aggregate subordinate to the agricultural operation, and subiect to the
applicable requirements of this section and this chanter:
12
Formatted Tble
By right
By special -
Event or activity
Criterion
By right
with
use
zoning
permit"
clearance
Agritourism, excluding
On sites * ** greater than or equal to 5
harvest- your -own
acres and the activity will generate 50 or
X
activities
fewer visitor vehicle trips per day
( "VTPD ")
Either on sites less than 5 acres or the
activity will generate more than 50 visitor
X
VTPD
The sale of agricultural
On sites greater than or equal to 5 acres
or silvicultural products,
and the activity will generate 50 or fewer
X
or the sale of
visitor VTPD
agricultural- related or
On sites less than 5 acres or the activity
silvicultural- related
will generate more than 50 visitor VTPD
X
items incidental to the
agricultural operation,
Structures used for the sales activity, in
including farm sales and
the aggregate, are less than or equal to
X
harvest - your -own
4,000 square feet gross floor area
activities ( "sale of
Structures used for the sales activity, in
agricultural or
the aggregate, are greater than 4,000
X
silvicultural products ")
square feet gross floor area
The preparation,
On sites greater than or equal to 5 acres
processing, or sale of
and the activity will generate 50 or fewer
food products in
visitor VTPD
X
compliance with
Virginia Code § 3.2-
5130(A)(3), (4) and (5)
On sites less than 5 acres or the activity
or related state laws and
will generate more than 50 visitor VTPD
regulations ( "sale of
X
food products ")
Agricultural operation
The event will generate 50 or fewer
12
Formatted Tble
Draft: 064707 /07/14
* The zoning clearance shall be obtained under section 31.5 and shall include considering the matters in
section 5.1.58(bdl.
** The special use permit shall be obtained under section 33 and, in addition to the requirements of that
section, shall include the information required by section 5.1.58(ee).
* ** The term "site." as used in this section, means one or more abutting pueelslots under the same ownership
on which the agricultural operation and the event or activity is located.
bd. Matters to be considered in review of request for approval ofzoning clearance. In reviewing a
request for approval of a zoning clearance, the zoning administrator's review shall include
erifving that the proposed event or activity complies with the applicable minimum yard
standards in subsection (eg). Virginia Department of Transportation entrance standards. the
applieable-Vir ing is Department of Health health and sanitation standards of the irgifli
and shall ensure that on -site travelways can accommodate emergency
vehicles, adequate on -site narking is provided in a location that complies with this chapter, and
that all improvements comply with the applicable requirements in section 4 of this chapter.
ee Information and sketch elan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more event or activity ( "use ") for which a special use
permit is required under section 5.1.58(ac) shall include the following:
Formatted Table
Formatted: Left
Formatted: Left
1. Information. Information pertaining to the following: (i) the proposed uses: (ii) the Formatted: indent: Hanging: 0.5"
maximum number of persons who will attend each use at any given time: (iii) the
frequency and duration of the uses: (iv) the provision of on -site parking: (v) the location.
height and lumens of outdoor lighting for each use: and (vi) the location of any stage
structure or other place where music will be performed.
13
By right
By special~
Event or activity
Criterion
By right
with
use
zoning
permit "*
clearance*
events
attendee VTPD and will occur on sites
greater than or equal to 5 acres
X
The event will generate more than 50
attendee VTPD or occur on sites less than
5 acres but have 200 or fewer attendees
X
The event will have more than 200
attendees, regardless of the number of
X
VTPD or the acreage of the site
The number of events in a calendar year
would exceed 24, regardless of the
number of VTPD, number of attendees,
X
or the acreage of the site
Other events or activities
The applicable criteria will depend on
Determined
Determined
Determined
which are determined by
whether the proposed event or activity is
by how
by how
by how
the zoning administrator
classified as agritourism, sales, or an
event or
event or
event or
to be usual and
event; and the applicable criterion of the
activity is
activity is
activity is
customary uses at
events or activities listed above shall
classified
classified
classified
agricultural operations
apply
throughout the
Commonwealth
* The zoning clearance shall be obtained under section 31.5 and shall include considering the matters in
section 5.1.58(bdl.
** The special use permit shall be obtained under section 33 and, in addition to the requirements of that
section, shall include the information required by section 5.1.58(ee).
* ** The term "site." as used in this section, means one or more abutting pueelslots under the same ownership
on which the agricultural operation and the event or activity is located.
bd. Matters to be considered in review of request for approval ofzoning clearance. In reviewing a
request for approval of a zoning clearance, the zoning administrator's review shall include
erifving that the proposed event or activity complies with the applicable minimum yard
standards in subsection (eg). Virginia Department of Transportation entrance standards. the
applieable-Vir ing is Department of Health health and sanitation standards of the irgifli
and shall ensure that on -site travelways can accommodate emergency
vehicles, adequate on -site narking is provided in a location that complies with this chapter, and
that all improvements comply with the applicable requirements in section 4 of this chapter.
ee Information and sketch elan to be submitted with application for a special use permit. In addition
to any information required to be submitted with an application for a special use permit under
section 33.4, each application for one or more event or activity ( "use ") for which a special use
permit is required under section 5.1.58(ac) shall include the following:
Formatted Table
Formatted: Left
Formatted: Left
1. Information. Information pertaining to the following: (i) the proposed uses: (ii) the Formatted: indent: Hanging: 0.5"
maximum number of persons who will attend each use at any given time: (iii) the
frequency and duration of the uses: (iv) the provision of on -site parking: (v) the location.
height and lumens of outdoor lighting for each use: and (vi) the location of any stage
structure or other place where music will be performed.
13
Draft: 064707 /07/14
2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses (ii) how access, on -site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chanter: and (iii) how potential
adverse impacts to abutting lots will be mitigated so they are not substantial.
df. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following:
1. Zoning clearance. Each agricultural operation shall obtain approval of a zoning clearance Formatted: Indent: Hanging: 0.5"
under section 31.5 prior to generating any outdoor amplified music at the agricultural
operation. The purpose of the zoning clearance shall be to verify that the sound
equipment at the agricultural operation will comply with the applicable standards in
section 4.18 or that the owner has and will use a sound level meter as that term is defined
in section 4.18.02 prior to and while outdoor amplified music is being played to monitor
compliance with the applicable standards in section 4.18 or both.
2. Maximum sound level. Sound generated by outdoor amplified music shall not exceed the Formatted: Indent: Hanging: 0.5"
a nlicable maximum sound levels in section 4.18.04.
3. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(J).
eg. Yards and separation from dwelling units. Notwithstanding any other provision of this chanter .
the following minimum front, side and rear yard requirements shall apply to any event or activity:
1. Structures used for sales: The minimum yards for structures used for the sale of
agricultural or silvicultural products shall be as follows:
a. New permanent structures and temporary structures. The minimum front. side
and rear yards required for any new permanent structure or temporary structure
shall be as provided in the bulk and area regulations established for the
applicable zoning district, provided that the minimum front yard on an existing
public road in the rural areas (RA) shall be thirty -five (35) feet. The
minimum required yard may be reduced by special exception upon consideration of the
following: (i) there is no detriment to the abutting lot: (ii) there is no harm to the
public health, safety or welfare: and (iii) written consent has been provided by
the owner of the abutting lot consenting to the reduction.
b. Existing permanent structures. If an existing permanent structure does not
satisfy any minimum yard requirement under subsection (eg)(1)(a), the minimum
yard required shall be the distance between the existing permanent structure and
the street, road, access easement or lot line on August 13, 2014 and that distance
shall not be thereafter reduced. An enlargement or expansion of the structure
hall be no closer to a street, road, access easement or lot line than the existing
structure.
2. Outdoor event and activity areas. The minimum front, side and rear vards for outdoor
vent and activity areas shall be seventy -five (75) feet. In addition, outdoor event and
activity areas shall be a minimum of one hundred twenty -five (125) feet from any
14
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Draft: 064707 /07/14
welling unit on an abutting lot not under the same ownership as the agricultural
operation. These minimum standards shall not apply to any portion of the agricultural
operation that is engaged in production agriculture or silviculture even though it also is
used for an agritourism activity.
3. Parking areas, and portable toilets. The minimum front, side and rear yards for narking
areas and portable toilets shall be seventy -five (75) feet. hi addition, narking areas and
portable toilets shall be a minimum of one hundred twenty -five (125) feet from any
dwelling unit on an abutting lot not under the same ownership as the agricultural
operation.
h. Uses nrohibited. The following uses are prohibited:
1. Restaurants.
2. Helicomter rides.
Du a° °' ° '* °° ° °" ''° ° i. Agricultural operation unaffected. Nothing in thisThis
section applies only to fequife -athe events and activities permitted by right and
by special use permit.. -
silvieu t•re under subsection (c) and does not apply to the agricultural operation itself.
Article 11I. District Regulations
Section 10. Rural Areas
Sec. 10.2.1 By right.
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
6. Eleetrie, gas, oil and eenununieatien faeilities exeluding tower stmetures and ineluding pokes-,
Except as otherwise expressly provided, eentrW water supplies and eentFa4 sewerage systems i
« f ...«.....,.e with Chapter 16 of the Gsde s-f A 1bem- .. «l,...44 ,7 „n ether ......1:ea-ble law Water.
sewer, energy, communications distribution facilities (reference 5.1.12) . (Amended 5- 12 -93)
9. Public uses ,
playgFoundm and- road—,; fiaqded, owned or operated by looal, state OF federal ageneies (FefeFeflee
15
Draft: 064707 /07/14
owned and/or operated by the Rivema Water and Sewer Author
sta4ions and the (reference 31.2.`; 51.12). (Amended 11 -1 -89)
17. Farm winery uses, events and activities authorized imder by section 5.1.25(a) and (b). (Added
12- 16 -81; Amended 5 -5 -10)
26. FaFSales(referenee 5.1.47Red 3 5 10)
27. Farm stands (reference 5.1.47) (Added 5 -5 -10)
29. Farm brewery uses, events and activities authorized by section 5.1.57(a) and (bl.
30. Events and activities at agricultural operations authorized by right under section 5.1.58(acl.
(§ 20- 10.2.1, 12- 10 -80; 12- 16 -81; 7 -6 -83; 11 -1 -89; 11 -8 -89; 11- 11 -92; 5- 12 -93; Ord. 95- 20(5), 11- 15 -95;
Ord. 98 -A(1), § 18- 10.2.1, 8 -5 -98; Ord. 02- 18(6), 10 -9 -02; Ord 04- 18(2), 10- 13 -04; Ord. 06- 18(2), 12 -13-
06; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(11), 12- 10 -09; Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4), 5 -5 -10;
Ord. 11- 18(1), 1- 12 -11; Ord. 12- 18(3), 6 -6 -12; Ord. 13- 18(5), 9- 11 -13)
Sec. 10.2.2 By special use permit.
The following uses shall be permitted by special use permit in the RA district, subject to the applicable
requirements of this chapter: (Added 10 -9 -02; Amended 5 -5 -10)
2. Clubs; and lodges, eWie, —.. riat. 4atei= ..' (reference 5.1.02).
Fire and rescue squad stations volunteer (reference 5.1.09).
6. ,
.,a•, ° tfansmission and relay towers, substations and . ° es Enemy and
communications transmission facilities (reference 5.1.121.
Day care centers,,h" , ° °-° °- ��' (reference 5.1.06).
16
Draft: 064707 /07/14
53. Farm winery uses, events and activities authorized under by section 5.1.25(c). (Added 5 -5 -10)
54. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
55. Farm brewery uses. events and activities authorized by section 5.1.57(c).
56. Events and activities at agricultural operations authorized by special use permit under section
5.1.58 ac .
(§ 20- 10.2.2, 12- 10 -80; 3- 18 -81; 2- 10 -82; 4- 28 -82; 7 -6 -83; 3 -5 -86; 1 -1 -87; 12 -2 -87; 11 -8 -89; 6- 10 -92;
11- 11 -92; Ord. 95- 20(1), 3- 15 -95; Ord. 95- 20(3), 10- 11 -95; Ord. 95- 20(5), 11- 15 -95; Ord. 98 -A(1), § 18-
10.2.2, 8 -5 -98; Ord. 99- 18(4), 6- 16 -99; Ord. 00- 18(6), 10- 18 -00; Ord. 01- 18(2), 3- 21 -01; Ord. 02- 18(6),
10 -9 -02; Ord. 04- 18(1), 5 -5 -04 effective 7 -1 -04; Ord.04- 18(2), 10- 13 -04; Ord. 05- 18(7), 6 -8 -05; Ord. 05-
18(8), 7- 13 -05; Ord. 06- 18(2), 12- 13 -06; Ord. 08- 18(7), 11- 12 -08; Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4),
5 -5 -10; Ord. 11- 18(1), 1- 12 -11)
Section 11. Monticello Historic District
Sec. 11.3.1 By right uses.
The following uses shall be permitted by right in the MHD:
10. ,
lines, lfansfefmers, pipes, motors and related f6eilifies fef distfibtaien of leeal sef-Aee and evffled
«f ««.e «ve with Chapter- 16 of the Code of Albemafle and all other appl:eable laws Water
sewer, energy, communications distribution facilities (reference 5.1.121.
13. Public uses and buildings ineluding temporary or mobile f6eilifies sueh as seheals, offiees, par-ks,
31.2.5); publie watef and sewer 4ansmission, main or ti%FAE lines, tfeaffient faeilities, pufapifi
sta4ions and the 31.2.5; 51 ovmed and/or operated by the Rivanna Water and Sewer Au*or
(reference 3 .12).
19. Farm winery uses, events and activities authorized by section 5.1.25 (a) and (b).
2 3 F-anfl.. sal-e.. (ref renee 5.1.47). (A aced c c 10)
26. Farm stands (reference 5.1.47). (Added 5 -5 -10)
17
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28. Farm brewery uses, events and activities authorized by section 5.1.57(al and (b).
29, Events and activities at agricultural operations authorized by right under section 5.1.58(acl.
(Ord. 05- 18(5), 6 -8 -05; Ord. 08- 18(2), 5 -7 -08; Ord. 10- 18(4), 5 -5 -10; Ord. 11- 18(4), 4 -6 -11)
Formatted: Font: Bold
Sec. 11.3.2 By special use permit.
The following uses shall be permitted by special use permit in the MHD:
8. Farm winery uses, events and activities authorized by section 5.1.25(c), provided, however, that
no special use permit shall be required for any use that is otherwise permitted pursuant to section
11.3.1.
9. Farm brewery uses, events and activities authorized by section 5.1.57(c), provided, however, that
no special use permit shall be required for any use that is otherwise permitted pursuant to section
11.3.1.
10. Activities at agricultural operations authorized by special use permit under section 5.1.58(acl
provided, however, that no special use permit shall be required for any use that is otherwise
permitted pursuant to section 11.3.1.
(Ord. 05- 18(5), 6 -8 -05; Ord. 10- 18(4), 5 -5 -10; Ord. 11- 18(4), 4 -6 -11)
Article IV. Procedure
Sec. 31.5 Zoning clearance.
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
1. New use. Prior to establishing a new non - residential use, other than an agricultural; use
xcot as provided in subsections (al(61 and (al(71.
2. Change or intensification of existing use. Prior to changing or intensifying an existing
non - residential use, other than an agricultural; use except as provided in subsections
(al(61 and (al(71.
3. Change of occupant. Prior to a new occupant taking possession of an existing non -
residential use, other than an agricultural; use except as provided in subsections (al(61
and a
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use
for which a zoning clearance is required under section 5.
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5. Commencement of extraction activity. Prior to commencing any natural resource
extraction activity within the natural resources overlay district.
6. Events and activities at agricultural operations. Prior to the first time that a specific class
of event or activity is held at an agricultural operation if a zoning clearance is required
under section 5.1.58(acl.
7. Outdoor amplified music. Prior to the first time that outdoor amplified music is
generated at an event or activity at a farm winery, farm brewery, or agricultural
operation:, as provided in sections 5.1.25, 5.1.57, and 5.1.58, respectively..
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use
thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance.
C. Circumstance when zoning clearance shall not be issued. The zoning administrator shall not
issue a zoning clearance if, after review of any site, the zoning administrator determines that
additional improvements are necessary to protect the public health or safety, regardless of
whether the improvements are shown on the site plan.
d. Notice to the owner if the applicant is not the owner. Within ten (10) days after receipt of a
request for a zoning clearance by an applicant who is not the owner of the lot and/or structure to
which the zoning clearance pertains, and prior to acting on the request, the zoning administrator
or the applicant, at the zoning administrator's request, shall give written notice of the request to
the owner. Written notice mailed to the owner's last known address as shown on the current real
estate tax assessment records shall satisfy this notice requirement. If the zoning administrator
requests that the applicant provide the written notice, the applicant shall provide satisfactory
evidence to the zoning administrator that the notice has been given.
e. Commercial and industrial uses defined. For the purposes of this section 31.5, agriGUltt1Fe Formatted: Strikethrough
tilling of soil fef the raising of ereps and the keeping of livesteek andler petlftPj, is not a
eeffnaereial °r industrial use production agriculture, production silviculture, and agricultural
operations are neither commercial nor industrial uses, a home occupation is a commercial Formatted: Strikethrough
use.
f. Effect of renumbering and renaming. Any other section of this chapter that refers to section
31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.5 or
a zoning clearance.
(§ 31.2.3.2, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01; Ord. 09- 18(3), 7 -1 -09; Ord. 11- 18(l), 1- 12 -11; Ord. 11-
18(8), 8 -3 -11)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Ave Nav
Mr. Boyd
Clerk, Board of County Supervisors
19
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
20
Draft: 064707 /07/14
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2014 -1 Agricultural
Operations & Farm Breweries
SUBJECT /PROPOSAL /REQUEST: Work Session
to Amend the Zoning Ordinance to Address State
Code Requirements for Farms & Farm Breweries
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Wayne
Cilimberg, Greg Kamptner
AGENDA DATE: May 13, 2014
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2014, new State legislation will become effective limiting a locality's ability to regulate
certain activities that are associated with bona fide agricultural operations and farm breweries. Under the new
legislation, regulation of such activities by requiring a special use permit or a zoning clearance willl be limited to
circumstances involving "a substantial impact on the health, safety, or general welfare of the public ". The new
legislation does not establish a threshold for substantial impact, but does require that any regulations imposed by a
locality are reasonable and take into account the economic impact of the regulation on the agricultural operation and
the agricultural nature of the activity.
The new legislation for activities at farms and farm breweries is similar to the provisions for farm wineries adopted by
the General Assembly in 2007, codified in Virginia Code § 15.2- 2288.3 and intended to promote the farm winery
industry. Albemarle County previously revised its farm winery regulations (Section 5.1.25 of the Zoning Ordinance) to
implement Virginia Code § 15.2- 2288.3. Under the County's current regulations, farm wineries are a use by right in the
Rural Areas and may engage in a wide range of usual and customary activities. Since they were established,
Albemarle County's farm winery regulations have proven relatively successful in balancing the needs of farm wineries
with the rights of adjacent neighbors in the Rural Areas.
On March 25, 2014, the Planning Commission held a work session and adopted a Resolution of Intent authorizing staff
to undertake a zoning text amendment specific to farms and farm breweries to ensure continued compliance with State
law (Attachments A & B). At the work session the Planning Commission discussed several issues pertaining to
activities at farms, farm wineries and farm breweries, including thresholds for a substantial impact, traffic, outdoor
amplified music, and using setbacks or a minimum lot size to create adequate buffers with adjacent properties.
On April 16, 2014, staff held a public roundtable to inform interested parties of the new State legislation and receive
feedback on proposed amendments to the Zoning Ordinance in response to the new legislation. Roundtable
attendees discussed activities that are usual and customary to an agricultural operation and provided feedback on
proposed thresholds for a substantial impact that would trigger the need for a special use permit or zoning clearance.
These thresholds included agritourism and usual and customary activities on parcels under five acres, special events
exceeding 200 attendees, structures for farm sales exceeding 4,000 square feet, and use of outdoor amplified music.
A summary of feedback received at the roundtable is included in Attachment C.
DISCUSSION:
Taking into consideration feedback received to -date, staff has proposed the following standards to regulate
substantial impacts that may arise from activities associated with bonafide agricultural operations occurring at farms,
farm wineries and farm breweries. Staff notes that there are certain bona fide agricultural operations such as
production, harvesting, storage, and product shipment that cannot be regulated (Attachment D).
Events
The County's farm winery regulations require a special use permit for events exceeding 200 attendees at any given
time. Impacts associated with larger events, such as traffic, sewer, water, and public safety, are addressed through the
conditions of the special use permit. So far this attendance threshold appears to be working well at farm wineries and
the County has received minimal complaints associated with their events. While staff considered several approaches
to further addressing substantial impacts based on event frequency, parcel size, and the type of roads serving the
property, it was a challenge to identify a logical threshold that could be applied fairly across - the -board to farms, farm
wineries, and farm breweries. As a result, staff recommends keeping the current 200 person threshold established in
the farm winery regulations and applying it to activities and events occurring at farms and farm breweries. If adopted,
staff will monitor the impacts and determine if any further regulation of special events is necessary.
Sales Area
Section 5.1.47.b.2 of the Zoning Ordinance establishes a maximum size threshold for permanent structures used for
farm sales. Under current regulations, structures used for farm sales are limited to 4,000 square feet of sales area and
require a zoning clearance. To be consistent with the new state enabling legislation, staff proposes that farm sales
structures with up to 4,000 square feet of sales area be permitted by right and structures with more than 4,000 square
feet of sales area require a special use permit. The area of structures used for production, processing and storage of
agricultural products would continue to not be restricted.
Outdoor Amplified Music
Sound from outdoor amplified music at farm wineries is subject to the maximum decibel levels outlined in Section
4.18.04 of the Zoning Ordinance (60 dBA day and 55 dBA night for the Rural Areas district). For events requiring a
special use permit, the Board has imposed additional conditions for the use of outdoor amplified music, including
testing sound equipment before an event and self- monitoring noise levels during the event, to ensure compliance with
the County's noise regulations. These measures have successfully addressed noise complaints from property owners
adjacent to a farm winery. As a result, staff recommends that any farm, farm winery, or farm brewery wishing to have
outdoor amplified music be required to obtain a zoning clearance to allow staff and the applicant the opportunity to
verify that they can comply with noise regulations during events. Only one zoning clearance would be necessary and
would apply to any future event on the property.
FOCUSED DISCUSSION:
Staff requests the Planning Commission's feedback on using the following standard to regulate certain activities
involving the public and occurring at a farm, farm winery or farm brewery:
Setbacks/ Minimum Acreage
Staff initially explored the use of a five acre minimum lot size for regulating agritourism activities, sales and other
activities involving the public that have the potential to generate excessive noise, traffic, light, dust, and other impacts
on surrounding properties. While such a restriction may protect some properties adjacent to smaller agricultural
parcels, staff opinion is that the proximity of these activities to adjoining properties and residences is the more relevant
factor as to whether there may be a substantial impact from the activity. Therefore, staff requests the Commission's
feedback on using setbacks instead of minimum acreage as a means of buffering neighboring properties from the
impacts of bringing the public to an agricultural operation.
The supplementary regulations in the Zoning Ordinance already establish a number of setback requirements for certain
uses such as swim, golf and tennis facilities, farm stands, farm worker housing, and special events. Staff proposes
applying the setback requirements for swim, golf and tennis facilities (75 feet from the property line and 125 feet from
an existing dwelling on adjoining property that is not part of "the farm ") to parking areas and outdoor activity areas at
farms, farm wineries and farm breweries. Staff suggests that this setback is not necessary for buildings or for activities
such as "pick your own." Staff further suggests that the setbacks be applied in the same manner as that for farm sales,
which allow a lesser setback with the adjacent owners' written consent. Existing structures within the new setbacks at
the time the ordinance is adopted would be grandfathered and permitted to continue. Staff requests the Planning
Commission's feedback on the use of the swim, golf, tennis standard if setbacks are established.
RECOMMENDATION: Staff recommends that the Planning Commission direct staff to draft ordinance language and
schedule the zoning text amendment for public hearing.
ATTACHMENTS:
Attachment A: Resolution of Intent
Attachment B: March 25 Planning Commission Work Session Staff Report
Attachment C: Summary of April 16 Agritourism & Farm Breweries Roundtable
Attachment D: Regulation of Activities at Agricultural Operations, Farm Wineries & Farm Breweries
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2014 -1 Agricultural
Operations & Farm Breweries
SUBJECT /PROPOSAL /REQUEST: Work Session
to Amend the Zoning Ordinance to Address State
Code Requirements for Farms & Farm Breweries
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Wayne
Cilimberg, Greg Kamptner, Francis McCall
AGENDA DATE: June 24, 2014
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2014, new State legislation will become effective limiting a locality's ability to regulate
certain activities associated with bona fide agricultural operations and farm breweries. Under the new legislation,
regulation of such activities by requiring a special use permit or a zoning clearance will be limited to circumstances
involving "a substantial impact on the health, safety, or general welfare of the public ". The new legislation does not
establish a threshold for substantial impact; therefore, localities must establish a finding of substantial impact for any
regulation of activity occurring at a farm brewery or agricultural operation. In addition, regulations imposed by a locality
must be reasonable and take into account the economic impact of the regulation on the agricultural operation and the
agricultural nature of the activity.
On March 25, 2014, the Planning Commission adopted a Resolution of Intent authorizing staff to undertake a zoning
text amendment to ensure continued compliance with State law (Attachment A). On April 16, 2014, staff held a public
roundtable to inform interested parties about the new State legislation and receive feedback on proposed amendments
to the Zoning Ordinance in response to the new legislation. On May 13, the Planning Commission held a second work
session to consider proposed standards for regulating activities occurring at agricultural operations and farm breweries
(Attachment B). At the work session the Planning Commission recommended that farm breweries be treated the same
as farm wineries; that a clear definition of bona fide agriculture be established; and that staff explore a more stringent
substantial impact threshold for events and activities at agricultural operations (Attachment C).
DISCUSSION:
Taking into consideration feedback received to -date, staff proposes ordinance amendments pertaining to activities at
bona fide agricultural operations, farm breweries and farm wineries (Attachment D), summarized below:
By-right
By right with Zoning Clearance
Special Use Permit
Agricultural Operations
Production & harvesting
Agritourism, events or retail sales
Structures for farm sales
generating either > 50 vehicle
> 4,000 sf
trips/ day or occurring on sites < 5
acres in size
Agritourism or retail sales
Outdoor amplified music
Events > 200 attendees at any
generating <_ 50 vehicle trips/ day &
time or > 24 events of any size/
occurring on sites >_ 5 acres in size;
year
Structures for farm sales
<- 4,000 sf
Events generating <_ 50 vehicle
trips/ day, occurring on sites ? 5
acres in size, attracting <_ 200
attendees at any time
Farm Breweries
Production, harvesting, storage,
Outdoor amplified music
Events > 200 attendees at any
sales, tasting, agritourism activities
time
Events <_ 200 attendees at any time
Farm Wineries
Production, harvesting, storage,
Outdoor amplified music
sales, tasting, agritourism activities;
Events 5 200 attendees at any time
Farm Wineries & Breweries
As requested by the Planning Commission, farm breweries and farm wineries will be treated the same, with the
addition of a zoning clearance requirement for new establishments wishing to have outdoor amplified music. The
zoning clearance review process will allow staff and the applicant the opportunity to verify that they can comply with
noise regulations during events. Only one zoning clearance would be necessary and would apply to any future event
on the property. Existing operations that currently have outdoor amplified music would be exempt from the zoning
clearance requirement.
Agricultural Operations
While agriculture will remain a by -right activity in the Rural Area, certain activities and events at agricultural operations
are proposed to be regulated based upon the following thresholds at which there is potential for substantial impact on
health, safety or general welfare to the public:
4,000 Square Feet of Structural Sales Area
Under current regulations, structures used for farm sales are limited to 4,000 square feet of sales area and
require a zoning clearance. To be consistent with the new state enabling legislation, staff proposes that farm
sales structures with up to 4,000 square feet of sales area be permitted by right without a zoning clearance
and structures with more than 4,000 square feet of sales area require a special use permit. The area of
structures used for production, processing and storage of agricultural products would continue to not be
restricted.
5 Acre Site
To address concerns about the impact of events and activities occurring on smaller sites, staff recommends
that agricultural operations located on sites less than five acres be required to obtain a zoning clearance
before hosting events, agritourism activities, or on -site retail sales. Abutting parcels under the same ownership
that are part of the agricultural operation will be included in the total site size. Five acres is the minimum parcel
size to be considered for agricultural land use taxation and is a common standard used by other localities for
regulating activities and events related to agriculture.
50 Vehicle Trips per Day
This is the threshold above which VDOT requires moderate volume commercial entrances. Moderate volume
commercial entrances are subject to certain design standards as well as sight distance and access
management requirements. Agritourism activities, retail sales or events generating over 50 vehicle trips per
day, regardless of lot size or sales area, will require a zoning clearance.
200 Event Attendees at Any Time & 24 Events per Year
200 attendees is the current special use permit threshold applied to farm winery events and is accepted by the
wine industry as an upper threshold for usual and customary attendance at a farm winery. So far this threshold
appears to be working well at farm wineries and the County has received minimal complaints associated with
their events. Twenty -four (24) events per year is the maximum number of special events allowed by special
use permit under the current ordinance. If adopted, staff will monitor the impacts and determine if any further
regulation of special events is necessary.
The proposed zoning text amendment outlines a zoning clearance review process for activities and events at
agricultural operations that includes verification of compliance with VDOT commercial entrance standards, health
department requirements, parking standards, and setback requirements. For farms wishing to have outdoor amplified
music, the zoning clearance process also includes verification that sound equipment can comply with noise standards
and/ or the owner has a sound meter and will agree to self monitor.
RECOMMENDATION: Staff recommends that the Planning Commission direct staff to schedule the zoning text
amendment for public hearing.
ATTACHMENTS:
Attachment A: Resolution of Intent
Attachment B: May 13 Planning Commission Work Session Staff Report
Attachment C: May 13 Planning Commission Work Session Final Action Memo
Attachment D: Draft Ordinance