Loading...
HomeMy WebLinkAboutZTA201000008 Legacy Document 2012-06-19Phone (434) 296 -5832 �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 Mcjntire Road, Room 227 Charlottesville, Virginia 22902 -4596 MEMORANDUM TO: File FROM: Wayne Cilimberg, Director of Planning JW& DATE: March 16, 2011 RE: ZTA201000008 Farm Winery Outdoor Amplified Music Fax (434) 972 -4012 The Albemarle County Board of Supervisors, at its meeting on March 9, 2011, by a vote of 6:0, adopted the above -noted Zoning Text Amendment Attachments ORDINANCE NO. 11 -18(3) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC 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 II, Basic Regulations, is hereby amended and reordained as follows: By Amending: Sec. 5.1.25 Farm winery Chapter 18. Zoning 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. 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)