HomeMy WebLinkAboutZTA200900003 Legacy Document 2009-04-01 (2)ATTACHMENT A
CHAPTER 18. ZONING
SECTION 3. DEFINITIONS
SECTION 3.1 DEFINITIONS
Farm Winery: An establishment located on a farm with a producing vineyard, orchard or similar growing
area and with facilities for fermenting and bottling wine on the premises where the owner or lessee
manufactures wine from fresh fruits or other agricultural products predominantly grown or produced on
such farm or from fruits, fruit juices or other agricultural products grown or produced elsewhere. (Added
12-16-81)
SECTION 5. SUPPLEMENTARY REGULATIONS
SECTION 5.1.25 FARM WINERY
Each farm winery shall be subject to the following:
a. The owner shall obtain a farm winery license from the State Alcoholic Beverage Control Board.
At least fifty -one (5 1) percent of the fresh fruits or agricultural products used by the owner to
manufacture the wine shall be grown or produced on the farm, unless the State Alcoholic
Beverage Control Board waives such requirement; (Added 4 -1 -98)
b. Facilities for fermenting and/or bottling wine shall not be established until the vineyard, orchard or
other growing area has been established and is in production; (Added 12- 16 -81)
c. The following uses and activities are permitted at a farm winery with the prior approval of a site
plan as provided in subsection (d). Special events and festivals are also subject to the additional
requirements set forth in subsection (e): (Added 4 -1 -98)
1. On- premise sale of wine and wine consumption. One location may be established on
each farm for the on- premise sale of wine and wine consumption. The aggregate total
floor area for such sales and consumption shall not exceed fifteen hundred (1,500)
square feet. A special use permit issued pursuant to section 31.2.4 of this chapter may
authorize the aggregate floor area to exceed fifteen hundred (1,500) square feet; (Added
12- 16 -81, Amended 1 -1 -84, Amended 4 -1 -98)
2. Daily tours. Daily tours of a farm winery shall be permitted; (Added 1 -1 -84, Amended
4 -1 -98)
3. Special events. Special events shall be permitted up to twelve (12) times per year. For
purposes of this section, a special event is an event conducted at a farm winery on a
single day for which attendance is allowed only by invitation or reservation and whose
participants do not exceed one hundred fifty (150) persons; special events include, but are
not limited to, meetings, conferences, banquets, dinners, wedding receptions, private
parties and other events conducted for the purpose of marketing wine. A special use
permit issued pursuant to section 31.2.4 of this chapter may authorize the number of
special events per year to exceed twelve (12), or the number of allowed participants at
any event to exceed one hundred fifty (150), or both; (Added 4 -1 -98)
4. Festivals. Festivals shall be permitted up to four (4) times per year. For purposes of this
section, a festival is an event conducted at a farm winery for up to three (3) consecutive
days which is open to the general public and conducted for the purpose of marketing
wine. (Added 4 -1 -98)
d. A use or activity identified in subsection (c) is authorized only with the prior approval of a site
plan. Prior to approval of the site plan, the owner shall obtain from the Virginia Department of
Transportation approval of a commercial entrance to the farm winery, and any required approval
from the local office of the Virginia Department of Health. If a site plan waiver is requested,
particular consideration shall be given to provisions for safe and convenient access, parking,
ATTACHMENT A
outdoor lighting, signs and potential adverse impacts to adjoining property, and reasonable
standards and conditions may be imposed as conditions of such waiver; (Added 4 -1 -98)
e. Special events and festivals shall be also subject to the following: (Added 4 -1 -98)
The owner shall obtain a zoning clearance prior to conducting a festival at which more
than one hundred fifty (150) persons will be allowed to attend. A single zoning clearance
may be obtained for one (1) or more such festivals as provided herein: (Added 4 -1 -98)
a. The owner shall apply for a zoning clearance at least thirty (30) days prior to the
date of the first festival to be authorized by the zoning clearance. The
application shall be submitted to the zoning administrator, who shall forward
copies of the application to the county police department, the county fire and
rescue division, and the local office of the Virginia Department of Health;
(Added 4 -1 -98)
b. The application shall describe the nature of each festival to be authorized by the
zoning clearance, the date or dates and hours of operation of each such festival,
the facilities, buildings and structures to be used, and the number of participants
allowed to attend each festival; (Added 4 -1 -98)
Upon a determination that all requirements of the zoning ordinance are satisfied
and upon receiving approval, and any conditions of such approval, from the
other county offices receiving copies of the application, the zoning administrator
shall issue a zoning clearance for one or more festivals. The zoning clearance
shall be conditional upon the owner's compliance with all requirements of the
zoning ordinance and all conditions imposed by the zoning clearance; (Added 4-
1-98)
d. The zoning administrator may issue a single zoning clearance for two (2) or
more festivals if: (i) the application submitted by the owner includes the
required information for each festival to be covered by the zoning clearance: (ii)
the zoning administrator determines that each such festival is substantially
similar in nature and size; and (iii) the zoning administrator determines that a
single set of conditions that would apply to each such festival may be imposed
with the zoning clearance. (Added 4 -1 -98)
No kitchen facility permitted by the Health Department as a commercial kitchen shall be
allowed on the farm. A kitchen may be used by licensed caterers for the handling,
warming and distribution of food, but not for cooking food, to be served at such special
event or festival; (Added 4 -1 -98)
An outdoor amplified sound system shall be prohibited; (Added 4 -1 -98)
(Added 4 -1 -98; Repealed 10 -3 -01)
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(1), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01)
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