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Home My WebLink AboutZTA200900003 Legacy Document 2010-05-11 (3)ATTACHMENT II Draft: 04/14/10 ORDINANCE NO. 10 -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. 4.15.2 Definitions Sec. 5.1.25 Farm winery Sec. 10.2.1 By right Sec. 10.2.2 By special use permit Sec. 3.1 Definitions Chapter 18. Zoning Article I. General Provisions Accessory Use, Building or Structure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure; provided that a subordinate use, building or structure customarily incidental to a primary farm use, building or structure need not be located upon the same lot occupied by the g, primary farm use, buildin or structure. ` (Amended 10 -9 -02) Agritourism. Any activity carried out on a farm or ranch that allows members of the e� public, for recreational, entertainment, or educational purposes, to view or env 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. Farm - Kwinery: An establishment located on , and with f6eilifies foF fefmeatiag and botding wine en the pfemises where the owner- E)r- lessee ma-nufaetur-es one or more lots in Albemarle County licensed as a farm winery under Virginia Code & 4.1 -207. (Added 12- 16 -81) 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. at�gs not otherwise expressly authorized as a use under section 5.1.25(a). (b)(1) and (b)(3) through (b)(10) 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: atherings with the 1 ATTACHMENT II Draft: 04/14/10 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. Article II. Basic Regulations Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: (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 farm sales, a farm stand, a farmers' market or a farm winery. (Added 3- 16 -05) Sec. 5.1.25 Farm winery Each farm winery shall be subject to the following: 3 t y 0 NM NOM ATTACHMENT II Draft: 04/14/10 �• - - - ----------------- MWA �• s• a. Uses permitted. The following uses, events and activities (hereinafter. collectively, "uses") are permitted at a farm winery. ATTACHMENT II Draft: 04/14/10 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, rig, planting and harvesting 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 Virg Code, regulations of the Alcoholic Beverage Control Board, and federal law. 6. Private personal atherings 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 wineM provided they are related to aQritourism 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 an ty ime. 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, ATTACHMENT II Draft: 04/14/10 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 ling 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 not be audible: i) from a distance of one hundred (100) feet or more from the property line of the farm winery on which the device is located; or (ii) from inside a dwelling unit 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 (insert date] 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) Article III. District Regulations Sec. 10.2.1 By right ATTACHMENT II Draft: 04/14/10 The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this chapter: 17. Farm winery uses authorized under section 5.1.25(a) and (b) (feferertee- 5.1.25). (Added 11- 11 -92) 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 authorized under section 5.1.25(c). 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. Snow Mr. Thomas Clerk, Board of County Supervisors 0