HomeMy WebLinkAboutZTA200900003 Legacy Document 2009-11-04STAFF PERSONS: Amelia McCulley and Wayne Cilimberg
PLANNING COMMISSION WORK SESSION: November 10, 2009
BOARD OF SUPERVISORS: TBD
ZTA: ZTA2009 -00003 Farm Wineries
ORIGIN: Planning Commission Resolution of Intent (Attachment A)
PROPOSAL: Amend the Albemarle County Zoning Ordinance so that its current
farm winery regulations are consistent with Virginia Code Section 15.2- 2288.3,
and in order to promote the efficient and effective administration of the County's
zoning regulations and meet the intent of the County's Rural Area Plan and Rural
Areas Zoning District.
PUBLIC PURPOSE TO BE SERVED: In practice, staff believes the County
generally complies with the provisions of the Virginia Code as they pertain to
farm wineries. However, staff also believes that language added in 2007 and,
more recently, in 2009 that stipulates "(I)ocal restriction ... shall take into
account the economic impact on the farm winery of such restriction, the
agricultural nature of such activities and events and whether such activities
and events are usual and customary for farm wineries throughout the
Commonwealth" necessitates more detail be incorporated into the County's
ordinance provisions to assure full consistency with the Virginia Code.
Amendments that better define allowed uses and activities at farm wineries
consistent with the Virginia Code should provide local winery and public
interests a clearer understanding of what is allowed and result in fewer
questions of staff and greater efficiencies in use determinations, zoning
clearances and enforcement.
BACKGROUND: In 1981, the County adopted amendments to the zoning
ordinance establishing a definition and supplementary regulations for farm
wineries, and establishing them as a by -right use in the Rural Areas.
Subsequent updates to these zoning provisions have been adopted over the
years since, the last of which occurred in 2001. In 2007, the Virginia General
Assembly enacted legislation limiting the extent to which localities, under their
zoning powers, may regulate various uses and activities associated with farm
wineries intended to promote the farm winery industry. The Planning
Commission passed a Resolution of Intent on April 14, 2009 to consider
amendments that assure consistency of the Albemarle County zoning ordinance
provisions with the Virginia code. On July 15, 2009, staff held a roundtable with
approximately 20 community and industry interests and received input on an
initial set of concepts that would form the basis for new zoning text language.
Notes from that roundtable are included as Attachment B.
STAFF COMMENT: The County's Rural Area Plan says the County will
recognize in policy development that the following, among a number of
principles, are "important components of the Rural Areas ": protection of
"Albemarle County's agricultural lands as a resource base for its agricultural
industries ... "; provision of "support to local agricultural and forestal economies"
and connection of "local producers and consumers of rural products "; and
encouragement of "creative and diverse forms of rural production" and support of
"rural land uses that provide rural landowners with economic viability ".
The purpose and intent of the Rural Areas (RA) zoning district includes as a
purpose "(p)reservation of agricultural and forestal lands and activities ". It further
states, "(r)esidential development not related to bona fide agricultural /forestal use
shall be encouraged to locate in the urban area, communities and villages as
designated in the comprehensive plan" and that "(i)n relation to residential
development, agricultural /forestal activities shall be regulated only to the extent
necessary to protect public health and safety." The stated intention of the RA
district is "to preserve the county's active farms and best agricultural and forestal
lands by providing lot areas designed to insure the continued availability of such
lands ... to enhance the economy, and maintain employment and lifestyle
opportunities. In addition, the continuation and establishment of agriculture and
agriculturally - related uses will be encouraged ..."
It is the obvious. intent of both the County's Rural Area Plan and the RA district to:
help enable the economic viability of the County's agricultural activities such as
vineyards and wineries. This is furthermore consistent with the state's policy to
preserve the economic vitality of the state's wine industry. While staff is of the
opinion that the current local restriction of farm winery activities and events to
market and sell their products is reasonable, it is important to be very clear in
defining "usual and customary" activities and events that do not cause a
substantial impact to public health, safety and welfare.
Under current ordinance provisions, all activities exempted under Virginia Code
Section 15.2- 2288.3.D. and E. (see Attachment C) are allowed in the County. In
addition, current ordinance provisions permit each winery: on -site tasting and
consumption on up to 1500 square feet of floor area; daily tours; special events
(meetings, conferences, banquets, dinners, weddings, private parties and wine
marketing events) for up to 150 people per event up to 12 times a year; and, up
to three (3) day festivals no more than four (4) times a year. House Bill (HB) 463,
a 2008 General Assembly bill that was not ultimately adopted, also identified a
number of "usual and customary activities and events" at farm wineries
"throughout the Commonwealth" that are generally permitted under current
county provisions such as picnics, wine tasting as part of promotions, guest
winemakers and trade accommodations of invited guests at a winery owner's
private home, barrel tastings and wine clubs, outdoor music not audible beyond
the property line, fundraisers and charity events, exhibits and historical segments
related to wine, gatherings to promote wine sales, appetizers for visitors, on -site
retail of incidental items such as cork screws, and catering activities for wine
2
dinners and wine activities. HB 463 also identified festivals, but for up to 200
people rather than the 150 maximum the County now allows.
In consideration of the above, staff has developed amendments to Sections 3.1,
4.15.2, 5.1.25 and 10.2.2 of the Albemarle County Zoning Ordinance.
(Attachment D)
Among the amendments, staff proposes a more simplified definition of farm
wineries in the zoning ordinance as "(a)n establishment located on one or more
contiguous parcels in Albemarle County licensed as a farm winery under Virginia
Code § 4.1- 207 ". (See Attachment E) Because of the important connection of
farm wineries to the tourist industry, staff also proposes that agritourism be
defined as "(a) commercial enterprise at a farm or a farm winery conducted for
the enjoyment or education of visitors that generates income for the owner of the
farm or farm winery." (This is based on a definition from a University of California
program guide that appears to be a commonly accepted definition.) Also,
because of the importance of special events and the identification of winery
locations to the wine industry, a definition for farm winery events and provisions
for signage consistent with that allowed for agricultural products are proposed.
Staff further believes the following are usual and customary uses at farm wineries-
that should be specified in the zoning ordinance to be allowed by right as primary,
uses consistent with state law:
1. The production and harvesting of fruit and other agricultural products and
the manufacturing of wine.
2 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.
3 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.
4. 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.
5. Activities related to the production of the agricultural products used in the
wine, including but not limited to, growing, planting and harvesting the agricultural
products and the use of equipment for those activities.
6. The sale, tasting, including barrel tastings, or consumption of wine
between 9.00 a.m. and 6:00 p.m. within the normal course of business of the
farm winery.
3
7. 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 differently from private personal
gatherings by other citizens.
Staff also believes the following are "usual and customary" uses that should be
allowed by right as they produce no substantial impact provided they are
accessory to one or more of the primary uses at a farm winery:
1. Exhibits, museums, and historical segments related to wine or to the farm
winery.
2. Hayrides.
3. Kitchen and catering activities.
4. Picnics. either self - provided or available to be purchased at the farm
winery.
5. The sale of wine - related items that are incidental to the sale of wine
between 9:00 a.m. and 6:00 p.m. including, but not limited to the sale of
incidental gifts such as cork screws, wine glasses, and t- shirts.
6. Tours of the farm winery, including the vineyard.
7. Providing finger foods, soups and appetizers for visitors.
Staff further believes that the following are "usual and customary" uses that
should be allowed by right as they produce no substantial impact provided they
are accessory to one or more of the primary uses at a farm winery and are
conducted during regular business hours (9:00 a.m. to 6:00 p.m.) when each is
limited to not more than 50 people per day:
1. Farm winery events.
2 Guest winemakers and trade accommodations of invited guests at a farm_
winery owner's private residence at the farm winery.
3. Weddings and wedding receptions.
4 Other uses that are aaritourism or wine sales related to the farm winery
and which are determined by the zoning administrator to be usual and
customary uses at farm wineries throughout the Commonwealth.
Finally, staff believes that the following are "usual and customary" uses that,
when any one attracts between 51 and 200 people, or are held outside of regular.
V
business hours (9:00 a.m. to 6:00 p.m.), are likely to cause substantial impacts
that need to be evaluated in a zoning clearance process:
1. Farm winery events.
2 Guest winemakers and trade accommodations of invited guests at a farm winery
owner's private residence at the farm winery.
3 Weddings and wedding receptions.
4 Other uses that are aaritourism or wine sales related to the farm winery and
which are determined by the zoning administrator to be usual and customary
uses at farm wineries throughout the Commonwealth.
Any other uses proposed at a farm winery which are determined by the zoning
administrator to be related to agritourism or wine sales for the farm winery, but
which are neither permitted by right nor by right with a zoning clearance, may be
permitted by special use permit.
The issuance of a zoning clearance will occur after submittal of an application
accompanied by a sketch plan and a determination by the zoning administrator'.
that the proposed activity or activities will not have a substantial impact on the
public health, safety and general welfare. To make a positive finding in order to
approve the clearance, the zoning administrator will require the following, at a
minimum:
1. VDOT approval of the entrance;
2. Health Department approval of applicable sanitation facilities and
food preparation;
3. County Engineering approval of permits and buffer requirements as
provided by the Water Protection Ordinance; and
4. Zoning approval of a farm building permit if applicable to verify
setback, area and building site regulations are met.
A farm winery is not exempt from the requirements of state agencies. Therefore,
the requirements from the Virginia Department of Health and the Virginia
Department of Transportation do apply to a farm winery. In addition, the
regulations of the Albemarle County Water Protection Ordinance apply to
construction associated with a farm winery. On -site parking, outdoor lighting,
signage, the location of structures /places that music will be performed and input
from the County police department and department of fire rescue will also be
considerations in issuing the zoning clearance. Appeals of the zoning
administrator's determination regarding the issuance of a zoning clearance would
be made to the Board of Zoning Appeals.
5
Finally, staff believes activities that would not be considered usual and customary
at a farm winery (and were not identified in House Bill 463) should be listed as
not permitted. Staff has identified the following such uses:
1. Hot air balloons and hot air balloon rides.
2. Restaurants.
3. Helicopter rides.
For a comparative reference, Attachment F . provides both the existing
ordinance language and potential ordinance language that reflects the
aforementioned in this staff comment section.
Administration / Review Process: Amendments that better define allowed
uses and activities at farm wineries consistent with the Virginia Code should
enable staff as well as local winery and public interests a clearer
understanding of what is allowed.
Housing Affordability: N/A
Implications to Staffing / Staffing Costs: Amendments that better define
allowed uses and activities at farm wineries consistent with the Virginia Code
should result in fewer questions of staff and greater efficiencies in use
determinations, zoning clearances and enforcement.
STAFF RECOMMENDATION: Staff is seeking Planning Commission feedback
and input on the changes identified in this report. Following this work session
and with consideration of feedback and input provided, staff will finalize the
zoning text amendment and schedule a public hearing with the Albemarle County
Planning Commission.
Attachment A:
Resolution of Intent
Attachment B:
July 15, 2009 Roundtable Notes
Attachment C:
Section 15.2- 2288.3 of the Virginia Code
Attachment D:
Recommended Amendments
Attachment E:
Selected Relevant Sections of the Virginia Code Pertaining
to Farm Wineries
Attachment F:
Proposed Changes to Winery Regulations in the Zoning
Ordinance
A
ATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, the General Assembly has recently established in Virginia Code § 15.2- 2288.3 limitations
on the extent to which localities, under their zoning powers, may regulate various uses and activities associated
with farm wineries intended to promote the farm winery industry; and
WHEREAS, although the County complies with Virginia Code § 15.2- 2288.3 in practice, it is desired to
amend the Albemarle County Zoning Ordinance so that its farm winery regulations are consistent with Virginia
Code § 15.2- 2288.3 in order to promote the efficient and effective administration of the County's zoning
regulations.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to
amend Zoning Ordinance §§ 3.1, 5.1.25, 10.2.2, and any other appropriate sections of the Albemarle County
Zoning Ordinance to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
1
ATTACHMENT B
Winery Roundtable
7 -15 -09
Albemarle County Office Building
Rm 241
Approximately 16 attendees (not including staff or PC members). PC members
attending include: Edgerton, Joseph, Loach & Porterfield. Staff members include
Cilimberg, McCulley, Schlothauer, Higgins and Taylor.
Tom Loach opened the PC meeting.
Wayne Cilimberg introduced the purpose of this roundtable and history of this issue.
Went to PC for a resolution of intent. In line with Virginia Code, more specifically for
administration of ordinance. He explained that staff prepared a straw man for discussion
of the ZTA. Economic vitality in Rural Areas. Legal questions will need to be deferred
since the CA's office is not present.
Matt Conrad: Began 2006 with a list of usual and customary. 2008 Legislation and
2009 farm wineries are agricultural uses.
Wayne Cilimberg: He went through the PowerPoint presentation.
Jeff W.: He talked about the Code definition of restaurant and traffic impact.
Neil: He asked what are reasonable conditions? Organization - What is by- right? vs
what requires a zoning clearance. What about if 200 people show up at the tasting? Is
this ok? If yes or no - what is the number limit for tasting?
Neil: He referenced page 4 -1 & J and asked are these allowed by right? Additional
uses.
Wayne Cilimberg: He said that in spirit of the State Code, zoning clearance is
appropriate to make a determination not substantial impact.
Jeff: He mentioned Items on page 3 -b - Do all or any apply to uses permitted by -right
without a zoning clearance? What is left out?
Neil: He said ridiculous to require a zoning clearance for a picnic.
Wayne Cilimberg: He said we will go back'to see what can fit in by -right categories.
Neil: He said focus on the Rural Area and commerce conflict. Example - lighting in
parking lots. Talk about large items and reasonable way to mitigate impacts.
Pollock: Need people to give in the number to buy wine and I don't want to.- impact on
the community. I just went through the process to build a winery, but I don't want further
approval.
Shelton: Had to go to the ARB with a 4 month wait. The County has a reputation for
making it difficult to sustain agriculture. Will put in rules and regulations for peak
events. Context.
Winery Roundtable 2 July 15, 2009
Potterfield: A couple weddings spread apart is reasonable..
Shelton: Why not say "don't block 29T
Marcia Joseph: Asked about a blanket zoning clearance.
Amelia McCulley: Yes. Maybe need to limit only large events.
Wayne Cilimberg: He said to shorten the list and focus on those with most potential for
impact.
Who said this? Cost of zoning clearance?
Edgerton: He said that he likes separating out non - impacts vs. major impact. Noise,
traffic and lighting. Could backfire (legislation) on all agricultural activities. Impact on
health, safety & welfare.
Loach: He asked how to determine substantial impact? Example Byrom Park & 50
parking spaces.
Wayne Cilimberg: He said that a presumption that 200 people can potentially be
accommodated. Consider context and conditions.
King: She asked where does 200 people come in especially if already have approved
entrance that can accommodate more?
Matt: He said 200 people for special events.
Wayne Cilimberg: He said by -right — list not subject to #200 people.
Jeff: How to distinguish a large wedding and tasting at the same time?
Visitors Center: Have we checked Napa, Sonoma, Walla Walla Washington?
Jeff: Walla Walla. probably was not all licensed - some issues.
Neil: Concern understandable for wineries.
Shelton: Welfare (review) in the weeds that can bolux up legit operation. Allow common
sense.
- Albemarle being identified as Napa of East Coast. Highest & best not to subdivide, but
wineries. Good for general welfare supporting the economy.
Jeff: Consider conservation easements.
But taking out viable option to subdivide.
Keswick Winery: Member of the community can negatively affect business. Be aware
of.
Winery Roundtable 3 July 15, 2009
Bill E.: Speak to the concern that if not approached positively, can lead to that.
Wayne Cilimberg: Leaving to them (wineries) to decide how to run and impacts.
King: How to consider welfare — the individual or greater public good?
Potterfield: Noise ordinance still applies.
King: Prior to conservation easement could have development number to Old Trail but
now limited to 200.
Loach:. Transparency and clear so everyone knows what is required.
Marcia: Board of Supervisors involvement and publicize that we have these wineries.
County (elected officials) can promote.
Shelton: Like any industry it needs an outlet. Already have reasonable guidelines and
regulations - adding too much will be cumbersome.
Bill E.: Apply for all uses up front.
Jeff Shelton: Special events.
Wayne Cilimberg: We now allow only 150 people X 4 events. This is to liberalize. Need
to document what/how.
Shelton: Ought to be positive, not negative.
Neil: Make sure can regulate this way.
Wayne: County Attorney's office has been involved.
Jay: Every business needs a zoning clearance. This is standard, not onerous. Do
hundreds of zoning clearance applications a year.
Architects: Starting winery but can't initially get farm winery.. Where does winery fit?
Easy to tell if faking it. Something to lessen cash flow.
- Future interpretation of 'event" when does a promotional activity become event?
-Is 200 all day or at one time?
-What if beautiful day and more than 200 arrive for tasting?
Marcia Joseph: Selling of wine related items? Open up to selling produce and baked
bread. Add distilleries and breweries. Opposed to WPO for protecting water quality but
afraid our requirements over - the -top?
Schoenberg: What about Orange Co?
Pollock: Three wineries within few miles with no limitations gives them an unfair
competitive advantage of our winery.
Shelton: Why 200? Why not restaurant not in usual & customary list?
Winery Roundtable 4 July 15, 2009
Matt: What is considered usual & customary can change overtime
Shelton: Want to provide some food sales with alcohol
Jake: Why is amplified sound regulated more that ex. noise ordinance?
Wayne Cilimberg: asked that any comments be provided to him no later than the end of
July. Usual & customary, normal uses.
Harvest - September -end October. Might be more helpful to have work session after
harvest.
ATTACHMENT C
§ 15.2- 2288.3. Licensed farm wineries; local regulation of certain activities.
A. It is the policy of the Commonwealth to preserve the economic vitality of the Virginia wine
industry while maintaining appropriate land use authority to protect the health, safety, and
welfare of the citizens of the Commonwealth, and to permit the reasonable expectation of uses in
specific zoning categories. Local restriction upon such activities and events of farm wineries
licensed in accordance with Title 4.1 to market and sell their products shall be reasonable and
shall take into account the economic impact on the farm winery of such restriction and whether
such activities and events are usual and customary for farm wineries throughout the
Commonwealth. Usual and customary activities and events at farm wineries shall be permitted
without local regulation unless there is a substantial impact on the health, safety, or welfare of the
public. No local ordinance regulating noise, other than outdoor amplified music, arising from
activities and events at farm wineries shall be more restrictive than that in the general noise
ordinance. In authorizing outdoor amplified music at a farm winery, the locality shall consider the
effect on adjacent property owners and nearby residents.
B, C. Expired.]
D. No locality may treat private personal gatherings held by the owner of a licensed farm winery
who resides at the farm winery or on property adjacent thereto that is owned or controlled by such
owner at which gatherings wine is not sold or marketed and for which no consideration is
received by the farm winery or its agents differently from private personal gatherings by other
citizens.
E. No locality shall regulate any of the following activities of a farm winery licensed in
accordance with subdivision 5 of § 4.1 -207:
1. The production and harvesting of fruit and other agricultural products and the manufacturing of
wine;
2. The on- premises sale, tasting, or consumption of wine during regular business hours within the
normal course of business of the licensed farm winery;
3. The direct sale and shipment of wine by common carrier to consumers in accordance with Title
4.1 and 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, regulations of the Alcoholic Beverage
Control Board, and federal law;
5. The storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations of
the Alcoholic Beverage Control Board, and federal law; or
6. The sale of wine- related items that are incidental to the sale of wine.
(2006, c..794; 2007, cc. 611, 657.)
Attachment D
Draft: 10/13/09
ORDINANCE NO. 09 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, 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 Provisions, Article II, Basic Regulations, and Article III, District Regulations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 4.15.6
Definitions
Sec. 5.1.25
Farm winery
Sec. 10.2.2
By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Aeritourism. A commercial enterprise at a farm or a farm winery conducted for the enjoyment or education of
visitors that generates income for the owner of the farm or farm winery.
Farm Wwinery: An establishment located on ,
fi.. '+ ffi& uiee ether- „R,,,.9 ,.duets educed else.. heF one or more contiguous parcels in
Albemarle County licensed as a farm winery under Virginia Code & 4.1 -207. (Added 12- 16 -81)
arm winery event. An event conducted at a farm winery on one or more days including, but not limited to
gatherings where the purpose is to promote wine sales to restaurants, distributors. a local chamber or commerce.
or a local tourism body receptions where wine is sold or served with a purpose of promoting wino-sales, wine
clubs and club member activities: wine tasting educational seminars: wine tasting luncheons, business meeting
and corporate luncheons with a purgose of promoting wine sales: winemakers' dinners where wine js ap fired
with food: awilourism promotions: and fundraisers and charity events.
Article II. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
Attachment D
Draft: 10/13/09
(1.1) Agricultural product sign. The term "agricultural product sign" means a sign or signs identifying the
produce, crops, animals or poultry raised or quartered on the property. or identifying a farm winery.
(Added 3- 16 -05)
Sec. 5.1.25 Farm winery
Each farm winery shall be subject to the following:
wine shall be - , iiaeed en the fann, unless the State AAeahelie Bever-age GerAr-el Board waives
has bee.., established .,,-„a is in ,•e.1,,e fien; (Added 12 16 81 )
set F ..E1. in ubseetio.. (e)! (Added 4 1. 08)
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a Primary uses permitted. The following primary 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 o
wine.
2. 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.
3. 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.
4. 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.
Attachment D
Draft: 10/13/09
5 Activities related to the production of the agricultural products used in the wine, including but
not limited to, growing, planting and harvesting the agricultural products and the use of
equipment for those activities.
6. The sale, tasting, including barrel tastings, or consumption of wine between 9:00 a.m. and 6:00
p.m. within the normal course of business of the farm winery.
7. 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
differently from private personal gatherings by other citizens.
b. 4eritourism or wine sales related uses: permitted any time without limitation on attendance. The
following uses are permitted at a farm winery; provided they are accessory to_ one or more of the primary
uses delineated in subsections 5.1.25(a)(1) through (5) and are related to awilourism or wine sales:
1 Exhibits, museums, and historical segments related to wine or to the farm winery.
2. Hayrides.
3. Kitchen and catering activities.
4. Picnics, either self - provided or available to bg purchased at the farm winery.
5 The sale of wine - related items that are incidental to the sale of wine between 9.00 am. and 6.00
p.m. including, but not limited to the sale of incidental gifts such as cork screws, wine glasses .
and t- shirts.
6. Tours of the farm winery, including the vineyard.
7. Providing finger foods, soups and appetizers for visitors.
C. Aeritourism or wine sales related uses: permitted during regular business hours and limited ta 50
persons per day. The following uses are permitted at a farm winery, provided they are accessory to one
or more of the primary uses delineated in subsections 5.1.25(a)(1) through (6). are conducted between
9:00 a.m. and 6:00 p.m., are individually are limited to fifty (50) or fewer persons per day, and are
related to agritourism or wine sales:
1. Farm winery events.
2 Guest winemakers and trade accommodations of invited guests at a farm winery owner's rip vate
residence at the farm winery.
3 Weddings and wedding receptions
4 Other uses that are agritourism or wine sales related to the farm winery and which are
etermined by the zoning administrator to be usual and customary uses at farm wineries
throughout the Commonwealth.
d. Aeritourism or wine sales related uses: permitted either outside of regular business hours or attendance
may be between 51 and 200 persons per day: zoning clearance required. The following uses are
permitted at a farm winery with a zoning clearance issued under subsection 5.1.25(fl, provided they are
accessory to one or more of the primary uses delineated in subsections 5.1.25(a)(1) through (6) and are
Attachment D
Draft: 10/13/09
elated to agritourism or wine sales, but are conducted, in anv part. before
9:00 a.m. or after 6:00
anv day, or individually may have between fifty -one (5 1) and two hundred
(200) persons per day:
1. Farm winery events.
2. Guest winemakers and trade accommodations of invited guests at a
farm winery owner's rip vate
residence at the farm winery
3. Weddings and wedding receptions.
4. Other uses that are agdto urism or wine sales related to the farm winery and which are
determined by the zoning administrator to be usual and customary
uses at farm wineries
throughout the Commonwealth.
e. Other uses. Any use proposed at a farm winery which is determined by the zoning administrator to be a
use related to agritourism or wine sales for the farm winery. but which is neither
permitted by right
under subsections 5.1.25(a). (b) or (cl nor by right with a zoning clearance
under subsection 5.1.25(d).
aim permitted by special use permit.
f. Zoning clearance. A farm winery having uses delineated in subsection 5.1.25(d) shall obtain a zoning
clearance issued by the zoning administrator by not later than [state a date ],
and the zoning clearance
shall be amended thereafter upon application by the farm winery if the uses
change in nature, freauencv.
attendance, location or duration; as provided below:
Purnose. The puroose of the zoning_ clearance is to identify those uses conducted at a f
winery. to identify those uses that may cause more than two hundred (200) persons to be in
attendance at any given time, and to identify those uses that will have a substantial impact on
the public health, safety or general welfare.
2 Annlication. Each farm winery shall request a zoning clearance on a form provided by the
department of community development. The application shall provide information pertaining to
the following: (i) the uses: (ii) the maximum number of persons who will attend the use at any
given time, (iii) the frequency and duration of the uses:: (iv) evidence that the farm winery has
obtained approval of a commercial entrance to the farm winery from the Virginia Department of
ranwortation if any uses or activities require such an entrance: (v) the sanitation facilities that
are or will be provided, including evidence of any required approval from the local office of the
Department of Health: (vi) the provision of on -site parking: (vii) the location, height and lumens
of outdoor lighting use for each use or activity: (viii) the location of any stage, structure or other
place where music will be performed: (ix) compliance with the setbacks established by
subsection 5.1.25(h): and (x) any information requested by the county o1F ice department or
department of fire rescue.
3 Sketch elan. In conjunction with the zoning clearance. the owner shall obtain approval of a
sketch plan from the zoning administrator. The sketch plan shall be a schematic drawing of the
site with notes in a form and of a scale approved by the zoning administrator depicting how
access, on -site parking, outdoor lighting �gnnage will be provided in compliance with this
chapter and how potential adverse impacts to adjoining property will be mitigated so they are
not substantial.
4. Consideration ofsubstantial impact. For the 12urposes of this section 5.1.25. a "substantial
impact" is an impact resulting from a use or activity_ having one or more effects that are large in
extent or degree.
Attachment D
Draft: 10/13/09
5. Conditions to address substantial impacts. The zoning administrator may impose reasonable
conditions on a zoning clearance pertaining to the nine issues delineated in subsection (c) (21
and any others identified by the zoning administrator to reduce the impacts from a use so they
are not substantial-
6.
Effect ofzoning clearance. A zoning clearance is a determination that the uses conducted at a
arm winery according to the zoning clearance and its conditions are usual and customary and
do not create substantial impacts on the public health, safety or welfare.
g. Sound. Sound generated from a farm winery use shall be subject to section 4.18.
h. Yards. Notwithstanding any other provision of this chapter, the minimum front Yard of a farm winery
shall be seventy -five (751 feet. The minimum side yard shall be twenty -five feet (251 feet. The
nimum rear yard shall be thirty -five (35) feet. All yards shall be measured from structures and off -
street parking areas. These minimum yard reauirements shall apply to all primary and accessory
structures established after [insert date] and to all tents, parking areas and portable toilets used in whole
or in part to serve any use permitted at a farm winery.
i. Uses prohibited. The following uses are prohibited:
1. Hot air balloons and hot air balloon rides.
2. Restaurants.
3. 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)
Sec. 10.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant
to section 31.2.4: (Added 10 -9 -02)
53 Farm winery uses determined to be related to agr_itourism or wine sales for the farm winery under
section 5.1.25(el.
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
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
Attachment D
Draft: 10/13/09
ATTACHMENT E
SELECTED RELEVANT SECTIONS OF THE VIRGINIA CODE PERTAINING
TO FARM WINERIES
§ 4.1 -100. Definitions.
"Farm winery" means an establishment (i) located on a farm in the Commonwealth 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 that
contains not more than 18 percent alcohol by volume or (ii) located in the
Commonwealth with a producing vineyard, orchard, or similar growing area or
agreements for purchasing grapes or other fruits from agricultural growers within the
Commonwealth, and with facilities for fermenting and bottling wine on the premises
where the owner or lessee manufactures wine that contains not more than 18 percent
alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall
include a cooperative formed by an association of individuals for the purpose of
manufacturing wine. In the event such cooperative is licensed as a farm winery, the term
"farm" as used in this definition includes all of the land owned or leased by the individual
members of the cooperative as long as such land is located in the Commonwealth.
§ 4.1 -207. Wine licenses.
The Board may grant the following licenses relating to wine:
5. Farm winery licenses, which shall authorize the licensee to manufacture wine
containing 18 percent or less of alcohol by volume and to sell, deliver or ship the wine, in
accordance with Board regulations, in closed containers, to (i) the Board, (ii) persons
licensed to sell the wine so manufactured at wholesale for the purpose of resale, § 4.1-
326 notwithstanding, or (iii) persons outside the Commonwealth. In addition, the licensee.
may (a) acquire and receive deliveries and shipments of wine and sell and deliver or ship
this wine, in accordance with Board regulations, to the Board, persons licensed to sell
wine at wholesale for the purpose of resale, or persons outside the Commonwealth and
(b) store wine in bonded warehouses located on or off the licensed premises upon permits
issued by the Board. For the purposes of this title, a farm winery license shall be
designated either as a Class A or Class B farm winery license in accordance with the
limitations set forth in § 4.1 -219.
Such licenses shall also authorize the licensee to sell wine at retail at the places of
business designated in the licenses, which may include no more than five additional retail
ATTACHMENT E
establishments of the licensee. Wine may be sold at these business places for on- premises
consumption and in closed containers for off - premises consumption.
§ 4.1 -219. Limitation on Class A and Class B farm wineries.
For Class A farm winery licensees, at least 51 percent of the fresh fruits or agricultural
products used by the owner or lessee to manufacture the wine shall be grown or produced
on such farm and no more than 25 percent of the fruits, fruit juices or other agricultural
products shall be grown or produced outside the Commonwealth.
For Class B farm winery licensees, 75 percent of the fresh fruits or agricultural products
used by the owner or lessee to manufacture the wine shall be grown or produced in the
Commonwealth and no more than 25 percent of the fruits, fruit juices or other
agricultural products shall be grown or produced outside the Commonwealth. No Class B
farm winery license shall be issued to any person who has not operated under an existing
Virginia farm winery license for at least seven years.
However, upon petition by the Department of Agriculture and Consumer Services, the
Board may permit the use (i) of a greater quantity of out -of -state products if supplies
grown or produced in the Commonwealth are insufficient for a farm winery licensee,
whether Class A or Class B, to achieve the level of production which otherwise could be
anticipated during a given license year or (ii) by a Class A farm winery of a lesser
percentage of products grown or produced on the farm if unusually severe weather or
disease conditions cause a significant reduction in the availability of fruit or other
agricultural products grown or produced on the farm to manufacture wine during a given
license year. As used in this section, the terms 'owner" and "lessee" shall include a
cooperative formed by an association of individuals for the purpose of manufacturing
wine. The term "farm" as used in this section includes all of the land owned or leased by
the farm winery licensee as long as such land is located in the Commonwealth.
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O
M�
Cd m
4o