HomeMy WebLinkAboutZTA201600003 Ordinances Zoning Text Amendment 2017-01-11 ORDINANCE NO. 17-18(1)
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 Regulations, Article II, Basic Regulations, and Article III, District Regulations,
are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.25 Farm wineries
Sec. 5.1.57 Farm breweries
Sec. 5.1.59 Farm distilleries
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 11.3.1 By right
Sec. 11.3.2 By special use permit
Article I. General Provisions
Sec.3.1 Definitions.
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 that is not a wedding, a wedding reception, or"other events"as that term
is defined in section 5.1.57(c)(5), conducted at a farm brewery on one or more days,where the purpose is
agritourism or to promote beer sales, and which may be, but is 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. (Added 11-12-14)
Farm distillery.: An establishment located on one or more lots in Albemarle County to which a limited
distiller's license is issued under Virginia Code § 4.1-206.
Farm distillery event: An event that is not a wedding, a wedding reception, or"other events"as that term
is defined in section 5.1.59(c)(5), conducted at a farm distillery on one or more days, where the purpose is
agritourism or to promote the sale of distilled spirits, and which may be, but is not limited to, distilled
spirits festivals; receptions where distilled spirits are sold or served; distilled spirits club meetings and
activities; distilled spirits tasting educational seminars; distilled spirits tasting luncheons, business
meetings, and corporate luncheons with a focus on selling distilled spirits; gatherings with the purpose of
promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities;
distillers' dinners where distilled spirits are paired with food; agritourism promotions; and fundraisers and
charity events. (Added 12-9-15)
Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm
winery under Virginia Code § 4.1-207.
1
Farm winery event: An event that is not a wedding, a wedding reception, or"other events" as that term is
defined in section 5.1.25(c)(5),conducted at a farm winery on one or more days where the purpose is
agritourism or to promote wine sales, and which may be, but is 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; Amended 11-12-14)
(§ 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;Ord. 14-18(4), 11-12-14;Ord. 15-18(1),2-11-15;Ord.
15-18(2),4-8-15;Ord. 15-18(4), 6-3-15; Ord. 15-18(5),7-8-15;Ord. 15-18(10), 12-9-15;Ord. 16-18(1),3-2-16)
State law reference-Va.Code§15.2-2286(A)(4).
Article II.Basic Regulations
Sec. 5.1.25 Farm wineries
Each farm winery shall be subject to the following:
a. Operational uses permitted by right. The following operational 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.
2
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.
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.
b. Agritourism uses or wine sales related uses permitted by right. The following uses are permitted
at a farm winery by right, provided they are related to agritourism or wine sales:
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
2. Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
3. Hayrides.
4. Kitchen and catering activities related to a use at the farm winery.
5. Picnics, either self-provided or available to be purchased at the farm winery.
6. Providing finger foods, soups and appetizers for visitors.
7. Tours of the farm winery, including the vineyard.
8. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses, which are determined by the zoning administrator to be similar in kind to other uses
permitted by right in this subsection,which do not create a substantial impact on the
public health, safety,or welfare, and at which not more than two hundred(200)persons
are in attendance at any time for this use.
c. Farm winery events, weddings, wedding receptions, and other events permitted by right and by
special use permit. Farm winery events,weddings,wedding receptions, and other events are
permitted by right or by special use permit at a farm winery, provided that they are related to
agritourism or wine sales, as follows:
1. Eligibility. Any farm winery use established in the county before January 18, 2017, is
eligible to hold the events authorized in subsections(c)(2) and(c)(3). Any farm winery
use established in the county on and after January 18, 2017, is eligible to hold the events
authorized by subsections(c)(2)and(c)(3) if it has: (i)on-site fermentation and bottling
processes; (ii)an on-site tasting room with regular hours in which it is open to the public;
and(iii)a minimum of five(5) acres of fruits, grains, or other agricultural products
planted on-site, or on any abutting lot under the same ownership, at least one growing
season each calendar year and used or to be used in the production of the establishment's
beverages, provided that the five(5)acre threshold shall not apply during periods of
widespread crop damage due to pest damage, disease, frost damage, or storm damage,
and further provided that none of these eligibility requirements shall apply where the sole
events under this subsection(c)are holding up to four(4)educational programs related to
agriculture per calendar year at which not more than two hundred(200)persons are in
3
attendance at any time. The eligibility requirements of this subsection (c)(1)(i) and (iii)
may not be waived,modified, or varied by special exception. A special exception to
subsection(c)(1)(ii)may be granted to permit tasting room hours by appointment instead
of regular hours in which the tasting room is open to the public.
2. By right. Farm winery events, weddings, wedding receptions, and other events are
permitted by right at a farm winery provided that not more than two hundred(200)
persons are in attendance at the farm winery at any time and the events are related to
agritourism or wine sales, subject to the following:
(a) Zoning clearance. For each farm winery licensed on and after December 9, 2015,
the owner shall obtain a zoning clearance under section 31.5 prior to holding any
events if either the lot or the abutting lots on which the events allowed in this
subsection occur is less than twenty-one (21)acres in size or the use will generate
more than fifty(50)visitor vehicle trips per day; and
(b) Notice. The farm winery shall provide written notice that an application for a
zoning clearance for one or more events allowed by this subsection has been
submitted to the owner of each abutting lot under different ownership than the lot
on which the proposed event would be located. The notice shall identify the
proposed type, size, and frequency of events, and provide the name and
telephone number of a contact person who will be on-site at the farm winery
during each event or activity. The notice shall be mailed at least ten(10)days
prior to the action on the zoning clearance.
3. By special use permit.Farm winery events,weddings, wedding receptions, and other
events at which more than two hundred(200)persons will be in attendance at the farm
winery at any time are permitted by special use permit at a farm winery, provided that
they are related to agritourism or wine sales.
4. Determining attendance at the farm winery at any time. The attendance at the farm
winery at any time under subsections (c)(2) and(c)(3)shall be the aggregate of the actual
or allowed attendance at any time for any farm winery event, farm brewery event, farm
distillery event, wedding, wedding reception, and other events. Attendance shall not
include any owner or employee of the farm winery or any employee or owner of a vendor
providing goods or services to the farm winery event,wedding, wedding reception, or
other event pursuant to subsections (c)(2) and(c)(3).Attendance shall not include any
individual engaging or participating in activities under subsections(a)and(b).
5. Other events. For the purposes of this subsection,the term"other events"means events
that are agritourism events or are wine sales related events, which are determined by the
zoning administrator to be usual and customary at farm wineries throughout the
Commonwealth,which do not create a substantial impact on the public health, safety, or
welfare, and which are not expressly authorized under subsection(c)as farm winery
events, weddings, or wedding receptions.
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 events authorized under section 5.1.25(c)(3) shall
include the following:
1. Information. Information pertaining to the following: (i)the proposed events; (ii)the
maximum number of persons who will attend each event at any given time; (iii)the
frequency and duration of the events; (iv)the provision of on-site parking; (v)the
4
location, height and lumens of outdoor lighting for each event; (vi)the location of any
stage, structure or other place where music will be performed; and(vii)a traffic
management plan, which demonstrates how traffic entering and exiting the farm winery
for an event will be managed to ensure safe and convenient access to and from the site,
and includes planned routes of vehicular access to the farm winery, on-site circulation,
the use of shuttles or other transportation services, and traffic control personnel.
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 events; (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 winery licensed on and after November 12, 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 amplification 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 tei in 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(A).
4. Times of day when outdoor amplified music prohibited. Sound generated by outdoor
amplified music is prohibited between 10:00 p.m. each Sunday through Thursday night
and 7:00 a.m. the following morning, and between 11:00 p.m. each Friday and Saturday
night and 7:00 a.m. the following morning.
f. Yards.Notwithstanding any other provisions of this chapter,the following shall apply to each
farm winery in the Rural Areas(RA)district:
I. Permanent structures. 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.
2. Tents and portable toilets. The minimum front, side, and rear yard shall be one hundred
twenty-five(125)feet from any abutting lot not under the same ownership as the farm
winery for tents and portable toilets used in whole or in part to serve any permitted use at
a farm winery.
3. Off-street parking areas. Off-street parking areas established on or after January 18, 2017
shall comply with the minimum front yard requirements in section 10.4 and the minimum
side and rear yards shall be one hundred twenty-five(125)feet from any abutting lot not
under the same ownership as the farm winery.
4. Special exception. Any minimum yard may be reduced by special exception upon
consideration of the following: (i)there is no detriment to any abutting lot; (ii)there is no
5
harm to the public health, safety, or welfare; and(iii)written consent to the proposed
reduction has been provided by the owner of any lot abutting the proposed reduced
setback.
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; Ord. 14-18(4), 11-12-14;Ord. 15-18(10), 12-9-15)
Sec. 5.1.57 Farm breweries
Each farm brewery shall be subject to the following:
a. Operational uses permitted by right. The following operational uses, events and activities
(hereinafter, collectively, "uses") are permitted at a farm brewery:
1. The production and harvesting of barley and other grains, hops, 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
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,
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 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. Agritourism uses or beer sales related uses permitted by right. The following uses are permitted
by right 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.
6
2. Guest brewmasters and trade accommodations of invited guests at a farm brewery
owner's private residence at the farm winery.
3. Hayrides.
4. Kitchen and catering activities related to a use at the farm brewery.
5. Picnics, either self-provided or available to be purchased at the farm brewery.
6. Providing finger foods, soups, and appetizers for visitors.
7. Tours of the farm brewery, including the areas where agricultural products are grown.
8. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses,which are determined by the zoning administrator to be similar in kind to other uses
permitted by right in this subsection, which do not create a substantial impact on the
public health, safety,or welfare, and at which not more than two hundred(200)persons
are in attendance at any time for this use.
c. Farm brewery events, weddings, wedding receptions, and other events permitted by right and by
special use permit. Farm brewery events,weddings, wedding receptions, and other events are
permitted by right or by special use permit at a farm brewery, provided that they are related to
agritourism or beer sales, as follows:
1. Eligibility. Any farm brewery use established in the county before January 18, 2017, is
eligible to hold the events authorized in subsections(c)(2)and(c)(3). Any farm brewery
use established in the county on and after January 18, 2017, is eligible to hold the events
authorized by subsections(c)(2)and(c)(3) if it has: (i)an on-site fermentation process;
(ii) an on-site tasting room with regular hours in which it is open to the public; and(iii)a
minimum of five(5)acres of fruits, grains, or other agricultural products planted on-site,
or on any abutting lot under the same ownership, at least one growing season each
calendar year and used or to be used in the production of the establishment's beverages,
provided that the five (5) acre threshold shall not apply during periods of widespread crop
damage due to pest damage, disease, frost damage, or storm damage, and further
provided that none of these eligibility requirements shall apply where the sole events
under this subsection(c)are holding up to four(4)educational programs related to
agriculture per calendar year at which not more than two hundred(200)persons are in
attendance at any time.Notwithstanding any other provision of this chapter,the eligibility
requirements of this subsection(c)(1)(i)and(iii)may not be waived,modified, or varied
by special exception. A special exception to subsection(c)(1)(ii)may be granted to
permit tasting room hours by appointment instead of regular hours in which the tasting
room is open to the public.
2. By right. Farm brewery events, weddings,wedding receptions,and other events are
permitted by right at a farm brewery provided that not more than two hundred(200)
persons are in attendance at the farm brewery at any time and the events are related to
agritourism or beer sales, subject to the following:
(a) Zoning clearance. For each farm brewery licensed on and after December 9,
2015,the owner shall obtain a zoning clearance under section 31.5 prior to
holding any events if either the lot or the abutting lots on which the events
allowed in this subsection occur is less than twenty-one(21)acres in size or the
use will generate more than fifty(50)visitor vehicle trips per day; and
7
(b) Notice. The farm brewery shall provide written notice that an application for a
zoning clearance for one or more events allowed by this subsection has been
submitted to the owner of each abutting lot under different ownership than the lot
on which the proposed event would be located. The notice shall identify the
proposed type, size, and frequency of events, and provide the name and
telephone number of a contact person who will be on-site at the farm brewery
during each event.The notice shall be mailed at least ten(10)days prior to the
action on the zoning clearance.
3. By special use permit.Farm brewery events, weddings, wedding receptions,and other
events at which more than two hundred(200)persons will be in attendance at the farm
brewery at any time are permitted by special use permit at a farm brewery, provided that
they are related to agritourism or beer sales.
4. Determining attendance at the farm brewery at any time. The attendance at the farm
brewery at any time under subsections(c)(2)and(c)(3) shall be the aggregate of the
actual or allowed attendance at any time for any farm winery event, farm brewery event,
farm distillery event,wedding, wedding reception, and other events. Attendance shall not
include any owner or employee of the farm winery or any employee or owner of a vendor
providing goods or services to the farm winery event,wedding, wedding reception, or
other event pursuant to subsections(c)(2) and(c)(3). Attendance shall not include any
individual engaging or participating in activities under subsections(a) and(b).
5. Other events. For the purposes of this subsection,the term "other events"means events
that are agritourism events or are beer sales related events, which are determined by the
zoning administrator to be usual and customary at farm breweries, which do not create a
substantial impact on the public health, safety, or welfare, and which are not expressly
authorized under subsection(c)as farm brewery events,weddings, or wedding
receptions.
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 events authorized under section 5.1.57(c)(3) shall
include the following:
1. Information. Information pertaining to the following: (i)the proposed events; (ii)the
maximum number of persons who will attend each event at any given time; (iii)the
frequency and duration of the events; (iv)the provision of on-site parking; (v)the
location,height, and lumens of outdoor lighting for each event; (vi)the location of any
stage, structure or other place where music will be performed; and(vii)a traffic
management plan,which demonstrates how traffic entering and exiting the farm brewery
for an event will be managed to ensure safe and convenient access to and from the site,
and includes planned routes of vehicular access to the farm brewery, on-site circulation,
the use of shuttles or other transportation services, and traffic control personnel.
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 events; (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:
8
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 amplification 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(A).
4. Times of day when outdoor amplified music prohibited. Sound generated by outdoor
amplified music is prohibited between 10:00 p.m. each Sunday through Thursday night
and 7:00 a.m. the following morning, and between 11:00 p.m. each Friday and Saturday
night and 7:00 a.m. the following morning.
f. Yards.Notwithstanding any other provisions of this chapter,the following shall apply to each
farm brewery in the Rural Areas(RA)district:
1. Permanent structures. 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.
2. Tents and portable toilets. The minimum front, side, and rear yard shall be one hundred
twenty-five (125) feet from any abutting lot not under the same ownership as the farm
brewery for tents and portable toilets used in whole or in part to serve any permitted use
at a farm brewery.
3. Off-street parking areas. Off-street parking areas established on or after January 18, 2017
shall comply with the minimum front yard requirements in section 10.4 and the minimum
side and rear yards shall be one hundred twenty-five (125)feet from any abutting lot not
under the same ownership as the farm brewery.
4. Special exception. Any minimum yard may be reduced by special exception upon
consideration of the following: (i)there is no detriment to any abutting lot;(ii)there is no
harm to the public health, safety, or welfare; and(iii)written consent to the proposed
reduction has been provided by the owner of any lot abutting the proposed reduced
setback.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
(Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15)
Sec. 5.1.59 Farm distilleries.
Each farm distillery shall be subject to the following:
9
a. Operational uses permitted by right. The following operational uses, events and activities
(hereinafter, collectively, "uses")are permitted at a farm distillery:
1. The production and harvesting of agricultural products and the manufacturing of
alcoholic beverages other than wine or beer.
2. The on-premises sale,tasting, or consumption of alcoholic beverages other than wine or
beer during regular business hours in accordance with a contract between a distillery and
the Alcoholic Beverage Control Board pursuant to the provisions of Virginia Code § 4.1-
119(D).
3. The sale and shipment of alcoholic beverages other than wine or 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.
4. The storage and warehousing of alcoholic beverages other than wine or beer in
accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage
Control Board, and federal law.
5. The sale of items related to alcoholic beverages other than wine or beer that are incidental
to the sale of the alcoholic beverages.
b. Agritourism uses or sales related uses permitted by right. The following uses are permitted by
right at a farm distillery, provided they are related to agritourism or the sale of alcoholic
beverages other than wine or beer:
1. Exhibits,museums, and historical segments related to alcoholic beverages other than
wine or beer or to the farm distillery.
2. Guest distillers and trade accommodations of invited guests at a farm distillery owner's
private residence at the farm distillery.
3. Hayrides.
4. Kitchen and catering activities related to a use at the farm distillery.
5. Picnics, either self-provided or available to be purchased, at the farm distillery.
6. Providing finger foods, soups, and appetizers for visitors.
7. Tours of the farm distillery, including the areas where agricultural products are grown.
8. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses,which are determined by the zoning administrator to be similar in kind to other uses
permitted by right in this subsection,which do not create a substantial impact on the
public health, safety, or welfare, and at which not more than two hundred(200)persons
are in attendance at any time for this use.
c. Farm distillery events, weddings, wedding receptions, and other events permitted by right and by
special use permit. Farm distillery events,weddings, wedding receptions, and other events are
permitted by right or by special use permit at a farm distillery,provided that they are related to
agritourism or the sale of distilled spirits, as follows:
10
1. Eligibility. Any farm distillery use established in the county before January 18, 2017 is
eligible to hold the events authorized in subsections(c)(2) and(c)(3). Any farm distillery
use established in the county on and after January 18, 2017 or which had not submitted
an application to the United States Bureau of Alcohol, Tobacco, and Firearms for
licensure in the county before January 18, 2017, is eligible to hold the events authorized
by subsections (c)(2)and(c)(3) if it has: (i) on-site distillation and bottling processes; (ii)
an on-site tasting room with regular hours in which it is open to the public; and (iii)a
minimum of five(5)acres of fruits, grains, or other agricultural products planted on-site,
or on any abutting lot under the same ownership, at least one growing season each
calendar year and used or to be used in the production of the establishment's beverages,
provided that the five(5)acre threshold shall not apply during periods of widespread crop
damage due to pest damage, disease, frost damage, or storm damage, and further
provided that none of these eligibility requirements shall apply where the sole events
under this subsection(c)are holding up to four(4) educational programs related to
agriculture per calendar year at which not more than two hundred(200)persons are in
attendance at any time.Notwithstanding any other provision of this chapter, the eligibility
requirements of this subsection (c)(1)(i)and (iii)may not be waived, modified, or varied
by special exception. A special exception to subsection(c)(1)(ii)may be granted to
permit tasting room hours by appointment instead of regular hours in which the tasting
room is open to the public.
2. By right. Farm distillery events, weddings, wedding receptions, and other events are
permitted by right at a farm distillery provided that not more than two hundred(200)
persons are in attendance at the farm distillery at any time and the events are related to
agritourism or the sale of distilled spirits, subject to the following:
(a) Zoning clearance. For each farm distillery licensed on and after December 9,
2015,the owner shall obtain a zoning clearance under section 31.5 prior to
holding any events if either the lot or the abutting lots on which the events
allowed in this subsection occur is less than twenty-one (21)acres in size or the
event will generate more than fifty (50)visitor vehicle trips per day; and
(b) Notice. The farm distillery shall provide written notice that an application for a
zoning clearance for one or more events allowed by this subsection has been
submitted to the owner of each abutting lot under different ownership than the lot
on which the proposed event would be located. The notice shall identify the
proposed type, size, and frequency of events, and provide the name and
telephone number of a contact person who will be on-site at the farm distillery
during each event. The notice shall be mailed at least ten(10)days prior to the
action on the zoning clearance.
3. By special use permit. Farm distillery events, weddings, wedding receptions, and other
events at which more than two hundred (200) persons will be in attendance at the farm
distillery at any time are permitted by special use permit at a farm distillery, provided that
they are related to agritourism or the sale of distilled spirits.
4. Determining attendance at the farm distillery at any time. The attendance at the farm
distillery at any time under subsections(c)(2) and(c)(3) shall be the aggregate of the
actual or allowed attendance at any time for any farm winery event, farm brewery event,
farm distillery event,wedding, wedding reception, and other events. Attendance shall not
include any owner or employee of the farm winery or any employee or owner of a vendor
providing goods or services to the farm winery event,wedding, wedding reception, or
other event pursuant to subsections (c)(2) and (c)(3). Attendance shall not include any
individual engaging or participating in activities under subsections(a)and(b).
11
5. Other events. For the purposes of this subsection,the term"other events"means events
that are agritourism events or are distilled spirits sales related events,which are
determined by the zoning administrator to be usual and customary at farm distilleries,
which do not create a substantial impact on the public health, safety, or welfare, and
which are not expressly authorized under subsection(c)as farm distillery events,
weddings, or wedding receptions.
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 events authorized under section 5.1.59(c)(3) shall
include the following:
1. Information. Information pertaining to the following: (i)the proposed events; (ii)the
maximum number of persons who will attend each event at any given time; (iii)the
frequency and duration of the events; (iv)the provision of on-site parking; (v)the
location,height, and lumens of outdoor lighting for each event; (vi)the location of any
stage, structure or other place where music will be performed; and(vii) a traffic
management plan, which demonstrates how traffic entering and exiting the farm distillery
for an event will be managed to ensure safe and convenient access to and from the site,
and includes planned routes of vehicular access to the farm distillery, on-site circulation,
the use of shuttles or other transportation services, and traffic control personnel.
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 events; (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 distillery shall obtain approval of a zoning clearance under
section 31.5 prior to generating any outdoor amplified music at the farm distillery. The
purpose of the zoning clearance shall be to verify that the sound amplification equipment
at the farm distillery 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(A).
4. Times of day when outdoor amplified music prohibited. Sound generated by outdoor
amplified music is prohibited between 10:00 p.m. each Sunday through Thursday night
and 7:00 a.m. the following morning, and between 11:00 p.m. each Friday and Saturday
night and 7:00 a.m. the following morning.
f. Yards.Notwithstanding any other provisions of this chapter,the following shall apply to each
farm distillery in the Rural Areas(RA)district:
12
1. Permanent structures. 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.
2. Tents and portable toilets. The minimum front, side, and rear yard shall be one hundred
twenty-five (125)feet from any abutting lot not under the same ownership as the farm
distillery for tents and portable toilets used in whole or in part to serve any permitted use
at a farm distillery.
3. Off-street parking areas. Off-street parking areas established on or after January 18, 2017
shall comply with the minimum front yard requirements in section 10.4 and the minimum
side and rear yards shall be one hundred twenty-five (125) feet from any abutting lot not
under the same ownership as the farm distillery.
4. Special exception. Any minimum yard may be reduced by special exception upon
consideration of the following: (i)there is no detriment to any abutting lot;(ii)there is no
harm to the public health, safety, or welfare; and(iii)written consent to the proposed
reduction has been provided by the owner of any lot abutting the proposed reduced
setback.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
(Ord. 15-18(10), 12-9-15)
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:
17. Farm winery uses, events, and activities authorized by section 5.1.25(a), (b), and(c)(2).
29. Farm brewery uses, events, and activities authorized by section 5.1.57(a), (b), and (c)(2).
31. Farm distillery uses, events, and activities authorized by section 5.1.59(a), (b), and(c)(2).
(§ 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;Ord. 14-18(4), 11-12-14;Ord. 15-18(10),
12-9-15)
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:
53. Farm winery uses,events, and activities authorized by section 5.1.25(c)(3).
55. Farm brewery uses, events, and activities authorized by section 5.1.57(c)(3).
57. Farm distillery uses, events, and activities authorized by section 5.1.59(c)(3).
(§ 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; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15)
Section 11
Monticello Historic District,MHD
Sec. 11.3.1 By right
The following uses shall be permitted by right in the MHD:
19. Farm winery uses, events, and activities authorized by section 5.1.25(a), (b), and (c)(2).
28. Farm brewery uses, events, and activities authorized by section 5.1.57(a), (b), and (c)(2).
30. Farm distillery uses, events, and activities authorized by section 5.1.59(a), (b), and (c)(2).
(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; Ord. 14-
18(4), 11-12-14; Ord. 15-18(10), 12-9-15)
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)(3), provided, however,
that no special use permit shall be required for any use that is otherwise permitted pursuant to
section 11.3.1.
14
9. Farm brewery uses, events, and activities authorized by section 5.1.57(c)(3),provided, however,
that no special use permit shall be required for any use that is otherwise permitted pursuant to
section 11.3.1.
11. Farm distillery uses, events,and activities authorized by section 5.1.59(c)(3), 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; Ord. 14-18(4), 11-12-14; Ord. 15-
18(10), 12-9-15)
I, Claudette K. Borgersen, 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
Clerk, Board of County Supervisors
Aye Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
15
Draft: 01/11/17
ORDINANCE NO. 17-18( )
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 Regulations, Article II, Basic Regulations, and Article III, District Regulations,
are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.25 Farm wineries
Sec. 5.1.57 Farm breweries
Sec. 5.1.59
Farm distilleries
Sec. 10.2.1
By right
Sec. 10.2.2
By special use permit
Sec. 11.3.1
By right
Sec. 11.3.2
By special use permit
Article I. General Provisions
Sec. 3.1 Definitions.
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 that is not a wedding, a wedding reception. or "other events" as that term
is defined in section 5. 1. conducted at a farm brewery on one or more days.., where the purpose is
agritourism or to promote beer sales ineluding, but not limited to, gatherings not other -wise &q3r-essly
au4her-ized ., a use ,def seer o c 1.57(a), (b)(1) .-ad (b)(3) ,h, -,,,,g (b" and which may bebut is
ifiel ,ding, i.,,* 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. (Added 11-12-14)
Farm distillery: An establishment located on one or more lots in Albemarle County to which a limited
distiller's license is issued under Virginia Code § 4.1-206.
Farm distillery event: An event that is not a wedding,, a wedding reception. or "other events" as that term
is defined in section 5.1.59(c)(5)conducted at a farm distillery on one or more days} where the purpose is
agritourism or to promote the sale of distilled spirits, inel ding, but not limited to, gatherings not
othet=wise expfessly authorized as a use under- seetion S. 1.59(a), (b)(1) and (b)(3) thfough , and
which may be, but is not limited to, distilled spirits festivals; receptions where distilled
spirits are sold or served; distilled spirits club meetings and activities; distilled spirits tasting educational
seminars; distilled spirits tasting luncheons, business meetings, and corporate luncheons with a focus on
selling distilled spirits; gatherings with the purpose of promoting sales to the trade, such as restaurants,
distributors, and local chamber of commerce activities; distillers' dinners where distilled spirits are paired
with food; agritourism promotions; and fundraisers and charity events. (Added 12-9-15)
Draft: 01/11/17
Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm
winery under Virginia Code § 4.1-207.
Farm winery event: An event that is not a wedding, a wedding reception, or "other events" as that term is
defined in section 5.1.25(c)(5), conducted at a farm winery on one or more days where the purpose is
agritourism or to promote wine sales ineloding, bt4 fiet limited to,
authorized . a use under seer o 5.1.25(a), (b)( ) ,-ad (b)«) .ti,.etigh (t.vo', and which maybe. but is
ineluding, 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; Amended
11-12-14)
(§ 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; Ord. 14-18(4),11-12-14; Ord. 15-18(l),2-11-15; Ord.
15-18(2), 4-8-15; Ord. 15-18(4), 6-3-15; Ord. 15-18(5), 7-8-15; Ord. 15-18(10), 12-9-15; Ord. 16-18(1), 3-2-16)
State law reference - Va. Code § 15.2-2286(A)(4).
Article II. Basic Regulations
Sec. 5.1.25 Farm wineries
Each farm winery shall be subject to the following:
a. Operational u -Uses permitted b . The following operational 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.
2
Draft: 01/11/17
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.
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.
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 permitted by right. The following uses are permitted
at a farm winery b ri t, provided they are related to agritourism or wine sales,^na—she
provided that, fer- eaeh fafm winefy keensed after- Deeeffiber 9, 2015, the owner- shall obta
lats on whieh the uses allowed in this subseetion oeetif is less than twefAy one (21) aer-es in size or
the use will generate mor -e than fifty (50) visiter- vehicle trips per- day:
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
2. F ;en4s a4 whieh not more than two hundr-ed (200) per -sons afe in at4eadanee
-32. Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
43. Hayrides.
-54. Kitchen and catering activities related to a use at the farm winery.
65. Picnics, either self -provided or available to be purchased at the farm winery.
76. Providing finger foods, soups and appetizers for visitors.
97. Tours of the farm winery, including the vineyard.
Draft: 01/11/17
2. Weddings and wedding receptions.
3. Othef uses flot expf:essly atAhor-ized that afe agfitour-ism uses or- wine sales related use
which are determined by the zoning administrator- to be usual and eidstemary uses at
Farm winery events. weddings. wedding recevtions. and other events permitted by right and b
special use permit. Farm winery events, weddings, wedding receptions, and other events are
permitted by right or by special use permit at a farm winery, provided that they are related to
agritourism or wine sales, as follows:
1. Eligibility. Any farm winery use established in the county before January 18 2017 is
eligible to hold the events authorized in subsections (c)(2) and (c)(3). Any farm winery
use established in the county on and after January 18, 2017, is eligible to hold the events
authorized by subsections (c)(2) and (c)(3) if it has: (i) on-site fermentation and bottling
processes: (ii) an on-site tasting room with regular hours in which it is open to the public:
and (iii) a minimum of five (5) acres of fruits, grains, or other agricultural products
planted on-site, or on any abutting lot under the same ownership, at least one browing
season each calendar year and used or to be used in the production of the establishment's
beverages, provided that the five(5) acre threshold shall not apply during periods of
widespread crop damage due to pest damage, disease, frost damage, or storm damage,
and further provided that none of these eligibility requirements shall apply where the sole
events under this subsection (c) are holding up to four (4) educational programs related to
agriculture per calendar year at which not more than two hundred (200) persons are in
attendance at any time. The eligibility requirements of this subsection (c)(1)(1) and (iii)
may not be waived, modified, or varied by special exception. A special exception to
subsection (c)(1)(ii) may be granted to permit tasting room hours by ppointment instead
of regular hours in which the tasting room is open to the public.
2. By right. Farm winery events, weddings, wedding receptions, and other events are
permitted by at a farm wineryprovided that not more than two hundred (2001
persons are in attendance at the farm winery at any time and the events are related to
agritourism or wine sales, subject to the following:
a) Zoning clearance. For each farm winery licensed on and after December 9, 2015
the owner shall obtain a zoning clearance under section 31.5 prior to holding any
events if either the lot or the abutting lots on which the events allowed in this
subsection occur is less than twenty-one (21) acres in size or the use willend
more than fifty (50) visitor vehicle trips per day: and
b) Notice. The farm winery shall Drovide written notice that an application for a
zoning clearance for one or more events allowed by this subsection has been
submitted to the owner of each abutting lot under different ownership than the lot
on which the proposed event would be located. The notice shall identify the
proposed type, size, and frequency of events, and provide the name and
telephone number of a contact person who will be on-site at the farm winery
Draft: 01/11/17
during each event. The notice shall be mailed at least ten (10) days prior to the
action on the zoning clearance.
3. By special use permit. Farm winery events, weddings, wedding receptions, and other
events at which more than two hundred (200) persons will be in attendance at the farm
winery at any time are permitted by special use permit at a farm winery, provided that
they are related to agritourism or wine sales.
4. Determining attendance at the farm winery at anv time. The attendance at the farm
winery at any time under subsections (c)(2) and (c)(3) shall be the aggregate of the actual
or allowed attendance at any time for any farm winery event, farm brewery event, farm
distillery event, wedding, wedding reception, and other events. Attendance shall not
include any owner or employee of the farm winery or any employee or owner of a vendor
providing goods or services to the farm winery event, wedding, wedding reception. or
other event pursuant to subsections (c)(2) and (c)(3). Attendance shall not include any
individual engaging or participating in activities under subsections (a) and (bl.
5. Other events. For the purposes of this subsection. the term "other events" means events
that are agritourism events or are wine sales related events, which are determined by the
zoning administrator to be usual and customary at farm wineries throughout the
Commonwealth, which do not create a substantial impact on the public health, safety, or
welfare, and which are not expressly authorized under subsection (c) as farm winery
events, weddings, or wedding receptions.
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 aces events authorized under section 5.1.25(c)(3)
shall include the following:
Information. Information pertaining to the following: (i) the proposed uses events; (ii)
the maximum number of persons who will attend each use event at any given time; (iii)
the frequency and duration of the uses events; (iv) the provision of on-site parking; (v)
the location, height and lumens of outdoor lighting for each we event; and (vi) the
location of any stage, structure or other place where music will be performed: and (viii a
traffic management Dlan. which demonstrates how traffic entering and exiting the farm
winery for an event will be managed to ensure safe and convenient access to and from the
site, and includes planned routes of vehicular access to the farm winery, on-site
circulation. the use of shuttles or other transportation services. and traffic control
personnel.
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 events; (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.
Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following:
Zoning clearance. Each farm winery licensed on and after November 12, 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 amplification equipment at the farm winery will comply with the
Draft: 01/11/17
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.
Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(A).
4. Times of day when outdoor amplified music Prohibited. Sound venerated by outdoor
amplified music is prohibited between 10:00 p.m. each Sunday through Thursday night
and 7:00 a.m. the following morning, and between 11:00 p.m. each Friday and Saturday
night and 7:00 a.m. the following morning.
Yards. Notwithstanding any other- pr-evisiea of this ehapter-, the ininimum ffent, side, and r-
Aer- N4ay 5, 2010 and to all tepAs, eg st-Feet par -king areas and pet4able toilets used inwhele
be re"eed by speeial exeeption upon eensider-ation of the following: (i) there is no detfiffient to
the abutfing let; (ii) there is no hat:Fa to the publie health, safe�, or- wel&fe; a -ad (iii) "tten
eeasea4 has been provided by the owner- of the abutting lot eeasepAing to the reduetien.
Yards. Notwithstanding any other provisions of this chapter, the followingshall hall apply to each
farm winery in the Rural Areas (RA) district:
1. Permanent structures. The minimum front, side, and rear yard requirements in section
10.4 shall apply to all primary and accessory structures established after May 5,20 10.
2. Tents. off-street Parking areas. and Portable toilets. The minimum front, sideand rear
yard shall be one hundred twenty-five (125) feet from any abutting lot not under the same
ownership as the farm winery for all of the following used in whole or in part to serve
any permitted use ata farm winery: (i) off-street parking areas established on and after
January 18, 2017: (ii) tents: and (iii) portable toilets.
3. Special exception. Any minimum yard may be reduced by special exception upon
consideration of the following: (i) there is no detriment to any abutting lot: (ii) there is no
harm to the public health, safety, or welfare: and (iii) written consent to the proposed
reduction has been provided by the owner of any lot abutting the proposed reduced
setback.
g. Uses prohibited. The following uses are prohibited:
Restaurants.
Helicopter rides.
Draft: 01/11/17
MIZ2111 11231 1311
1101 1' time"-
(§ 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; Ord. 14-18(4),11-12-14; Ord. 15-18(10),12-9-15)
Sec. 5.1.57 Farm breweries
Each farm brewery shall be subject to the following:
a. Operational uses permitted br The following operational uses, events and activities
(hereinafter, collectively, "uses") are permitted at a farm brewery:
The production and harvesting of barley and other grains, hops, 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
equipment for those activities.
2. The sale, tasting, or consumption of beer within the normal course of business of the farm
brewery.
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.
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.
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. Agritourism uses or beer sales related uses permitted by rim. The following uses are permitted
br at a farm brewery, provided they are related to agritourism or beer sales,anafitAhe
—
provided th4, for- eaeh fiffm bfeA,ef:y lieensed after- Deeember- 9, 20 15, the ewfler- shall obta
lots on whieh the uses allowed in this subseefien oeetif is less than twenAy one (21) aer-es in size Of
t4e use will genefate fnef:e 4iaa fifty (50) visitor- vehiele tfips pef day:
Exhibits, museums, and historical segments related to beer or to the farm brewery.
7
Draft: 01/11/17
32. Guest brewmasters and trade accommodations of invited guests at a farm brewery
owner's private residence at the farm winery.
43. Hayrides.
64. Kitchen and catering activities related to a use at the farm brewery.
65. Picnics, either self -provided or available to be purchased at the farm brewery.
-76. Providing finger foods, soups, and appetizers for visitors.
97. Tours of the farm brewery, including the areas where agricultural products are grown.
9. Weddings and wedding r-eeeptions at whieh not fner-e than two hundr-ed (200) per -sons are
in a4enda-nee at a -ay time for- this use and a*y uses idei4ified in subseetion (h)-.
io. Othef uses not expressly auther-ized that are agritot*ism uses E)r- are beer- sales related -
per -sons are in aRendanee at any time for- this use and any tises idefitified ifi stlbseetkffl-
Agpiteurisni uses. ep beei- sales i;e1aWE Hsesy nief;e than 200 per -sent at any tinw &peeial US. -F
,pemiit. The fellowing uses, at w-hieh more than two h-undr-ed (200) per -sons will be allowed to
attend at aff time thisuse and any uses idepAified in subseetion (h), afe permitted at a fiffm
brewery with a speeial use pefmit, pfavided they are related to agr-it Ar hpor sales�
F,,,-.., i., -ower -y events.
2. Weddings and wedding r-eeeptiefis-.
3. Other -muses not expr-essly authorized thm are agr-iteufism uses or- beef: sales related u
w-hieh are detei:fnined by the zoning administfa4er- to be usual a -ad eustemafy uses at fa
breweries thfoughout the Commonwealth.
Farm brewery events, weddings, wedding receptions, and other events permitted by right and by
special use permit. Farm brewery events, weddings, wedding receptions, and other events are
permitted by right or by special use permit at a farm brewery, provided that they are related to
agritourism or beer sales, as follows:
1. Eligibility. Any farm brewery use established in the county before January 18.2017, is
eligible to hold the events authorized in subsections (c)(2) and (c)(3). Any farm brewery
use established in the county on and after January 18. 2017, is eligible to hold the events
authorized by subsections (c)(2) and (c)(3) if it has: (i) an on-site fermentation process:
(ii) an on-site tasting room with regular hours in which it is open to the public: and (iii) a
minimum of five (5) acres of fruits._ grains, or other agricultural products planted on-site.
or on any abutting lot under the same ownership, at least onerig season each
calendar year and used or to be used in the production of the establishment's beverages
provided that the five (5) acre threshold shall not apply during periods of widespread crop
damage due to pest damage, disease, frost damage or storm damage and further
provided that none of these eligibility requirements shall apply where the sole events
under this subsection (c) are holding up to four (4) educational programs related to
agriculture per calendar year at which not more than two hundred (200) persons are in
Draft: 01/11/17
attendance at any time. Notwithstanding any other provision of this chanter, the eligibility
requirements of this subsection (c)(1)(i) and (iii) may not be waived, modified, or varied
by special exception. A special exception to subsection (c)(1)(ii) may be granted to
permit tasting room hours by appointment instead of regular hours in which the tasting
room is open to the public.
2. By right. Farm brewery events, weddings, wedding receptions. and other events are
permitted by right at a farm brewery provided that not more than two hundred (2001
persons are in attendance at the farm brewery at any time and the events are related to
agdtourism or beer sales, subject to the following:
a) Zoning clearance. For each farm brewery licensed on and after December 9
2015, the owner shall obtain a zoning clearance under section 31.5 prior to
holding any events if either the lot or the abutting lots on which the events
allowed in this subsection occur is less than twenty-one (21) acres in size or the
use will generate more than fifty (50) visitor vehicle trips per day: and
b) Notice. The farm brewery shall provide written notice that an aDDlication for a
zoning clearance for one or more events allowed by this subsection has been
submitted to the owner of each abutting lot under different ownership than the lot
on which the proposed event would be located. The notice shall identify the
proposed type, size, and frequency of events, and provide the name and
telephone number of a contact person who will be on-site at the farm brewery
during each event. The notice shall be mailed at least ten (10) days prior to the
action on the zoning clearance.
3. By special use permit. Farm brewery events, weddings, wedding receptions. and other
events at which more than two hundred (200jpersons will be in attendance at the farm
brewery at any time are permitted by special use permit at a farm brewery, provided that
they are related to agritourism or beer sales.
4. Determining attendance at the farm brewery at anv time. The attendance at the farm
brewery at any time under subsections (c)(2) and (c)(3) shall be the aggregate of the
actual or allowed attendance at anytime for any farm winery event, farm brewery event,
farm distillery event, wedding, wedding reception, and other events. Attendance shall not
include any owner or employee of the farm winery or any employee or owner of a vendor
providing goods or services to the farm winery event, wedding, wedding reception, or
other event pursuant to subsections (c)(2) and (c)(3). Attendance shall not include any
individual engaging or participating in activities under subsections (a) and (b).
5. Other events. For the purposes of this subsection, the term "other events" means events
that are agritourism events or are beer sales related events, which are determined by the
zoning administrator to be usual and customary at farm breweries. which do not create a
substantial impact on the public health, safety, or welfareand which are not expressly_
authorized under subsection (c) as farm brewery events, weddings, or wedding
receptions.
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 events authorized under section 5.1.57(c)M3
shall include the following:
Information. Information pertaining to the following: (i) the proposed uses events; (ii) the
maximum number of persons who will attend each use event at any given time; (iii) the
Draft: 01/11/17
frequency and duration of the uses events; (iv) the provision of on-site parking; (v) the
location, height, and lumens of outdoor lighting for each use event; (vi) the location
of any stage, structure or other place where music will be performed; and (vii) a traffic
management plan, which demonstrates how traffic entering and exiting the farm brewery
for an event will be managed to ensure safe and convenient access to and from the site
and includes planned routes of vehicular access to the farm brewery, on-site circulation
the use of shuttles or other transportation services. and traffic control personnel.
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 events; (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.
Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following:
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 amplification 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.
Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
Outdoor amplified music not an exempt sound. Outdoor amplified inusic shall not be
deemed to be an exempt sound under section 4.18.05(A).
4. Times of day when outdoor amplified music prohibited. Sound generated by outdoor
amplified music is prohibited between 10:00 p.m. each Sunday through Thursdany ight
and 7:00 a.m. the following morning, and between 11:00 p.m. each Friday and Saturday
night and 7:00 a.m. the following morning.
f. ,
tents, off street paFk4ng areas, and poFtable toilets used in whole or- ift paft to seFve a*y use
exeeption upon eensider-ation of the following: (i) there is no detfiffient to the AtMing lot; (io
there is no haFm to the publie health, safety, E)r- welfafe; a -Ed (iii) vffittea eensent has been
provided by the eyffier- of the abtWing lot eoasef4ing to the r-e&eti
Yards. Notwithstanding any other provisions of this chapter, the following shall apply to each
farm brewery in the Rural Areas (RA) district:
1. Permanent structures. 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.
2. Tents, off-street parking areas, and portable toilets. The minimum front, side, and rear
and shall be one hundred twenty-five (125) feet from any abutting lot not under the same
ownership as the farm brewery for all of the following used in whole or in part to serve
10
Draft: 01/11/17
any permitted use at a farm brewery: (i) off-street parking areas established on and after
January 18. 2017: (ii) tents; and (iii) portable toilets.
3. Special exception. Anv minimum vard may be reduced by special exception upon
consideration of the following: (i) there is no detriment to any abutting lot: (ii) there is no
harm to the public health, safety. or welfare: and (iii) written consent to the proposed
reduction has been provided by the owner of any lot abutting the proposed reduced
setback.
g. Uses prohibited. The following uses are prohibited:
Restaurants.
Helicopter rides.
(Ord. 14-18(4), 11-12-14; Ord. 15-18(10),12-9-15)
Sec. 5.1.59 Farm distilleries.
Each farm distillery shall be subject to the following:
a. Operational ut'ses permittedbb'�YiQht. The following operational uses, events and activities
(hereinafter, collectively, "uses") are permitted at a farm distillery:
The production and harvesting of agricultural products and the manufacturing of
alcoholic beverages other than wine or beer.
The on -premises sale, tasting, or consumption of alcoholic beverages other than wine or
beer during regular business hours in accordance with a contract between a distillery and
the Alcoholic Beverage Control Board pursuant to the provisions of Virginia Code § 4.1-
119(D).
The sale and shipment of alcoholic beverages other than wine or 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.
4. The storage and warehousing of alcoholic beverages other than wine or beer in
accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage
Control Board, and federal law.
The sale of items related to alcoholic beverages other than wine or beer that are incidental
to the sale of the alcoholic beverages.
b. Agritourism uses or sales related uses permitted by right. The following uses are permitted b
right at a farm distillery, provided they are related to agritourism or the sale of alcoholic
11
IT
(Ord. 14-18(4), 11-12-14; Ord. 15-18(10),12-9-15)
Sec. 5.1.59 Farm distilleries.
Each farm distillery shall be subject to the following:
a. Operational ut'ses permittedbb'�YiQht. The following operational uses, events and activities
(hereinafter, collectively, "uses") are permitted at a farm distillery:
The production and harvesting of agricultural products and the manufacturing of
alcoholic beverages other than wine or beer.
The on -premises sale, tasting, or consumption of alcoholic beverages other than wine or
beer during regular business hours in accordance with a contract between a distillery and
the Alcoholic Beverage Control Board pursuant to the provisions of Virginia Code § 4.1-
119(D).
The sale and shipment of alcoholic beverages other than wine or 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.
4. The storage and warehousing of alcoholic beverages other than wine or beer in
accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage
Control Board, and federal law.
The sale of items related to alcoholic beverages other than wine or beer that are incidental
to the sale of the alcoholic beverages.
b. Agritourism uses or sales related uses permitted by right. The following uses are permitted b
right at a farm distillery, provided they are related to agritourism or the sale of alcoholic
11
Draft: 01/11/17
beverages other than wine or beer, and f u..ther- pr-evided that, for- ee f F. dist defy keefised .,ao,
Deeember- 9, 2015, the owner- shall obtain a zoning eleafanee tinder- seetion 31.5 prior- to
. the use if either the lot or the abutting lots on whieh the uses allowed in this
L.'r-4 A4; 1�!.Vur-- is less than twei#y one (2 1) aer-es in size or- the use will gener-ate fner-e than f4y
(50) visitor- i,ehiele tFips per- day -
.71
1. Exhibits, museums, and historical segments related to alcoholic beverages other than
wine or beer or to the farm distillery.
2. Farm distillery even4s a4 whieh not more than two hundred (200) persons at any time fo
this use and a" uses identified in s4seetion (h).
-32. Guest distillers and trade accommodations of invited guests at a farm distillery owner's
private residence at the farm distillery.
43. Hayrides.
64. Kitchen and catering activities related to a use at the farm distillery.
65. Picnics, either self -provided or available to be purchased, at the farm distillery.
-76. Providing finger foods, soups, and appetizers for visitors.
97. Tours of the farm distillery, including the areas where agricultural products are grown.
. Weddings md wedding-i'@E2pti6iiS-clt-=w'rriSirnot more than rtwo hundred r(z�r) pciSvnsthe publie -crc
health,io. Other -uses not expressly authorized that are agriteur-ism uses or- are sales related uses,
w-hieh are detefmined by the zening administFater- to be usual and eustemar-yuses at
safiaty, >
and at w-hieh not mer -e than two hundr-ed (200)
peFsons are in attenda*ee at any time for- this even4 a -ad any events iden4ifi
The fellowinguses, M whiek more than two h-undr-ed (200) per -sons will be a4lowed to attend at
any tirae this use and any uses idei4ified in subseetion (h), are pemiWed at a fat:m distillery with -a
speeial use peFmit, provided they are r-ela4ed to aotoufism or- the sale of aleoholie beverages
ather- tha- . or -bee --i
1 L`.,,.uvu dist:llo,.,, events.
7 �7ITo.1.1ings .,n wedding ing ,• ptiepts
z. o o
3. Other- uses not expressly authorized that are agr-itour-ism uses of r-elmed to the sale of
Farm distillery events. weddings, wedding receptions, and other events permitted by right and by
special use permit. Farm distillery events, weddings wedding receptions, and other events are
permitted by right or by special use permit at a farm distillery, provided that they are related to
agritourism or the sale of distilled spiritsas follows:
12
Draft: 01/11/17
1. Eligibilitv. Anv farm distillery use established in the countv before January 18. 2017 is
eligible to hold the events authorized in subsections (c)(2) and (c)(3). Any farm distillery
use established in the county on and after January 18, 2017 or which had not submitted
an application to the United States Bureau of Alcohol, Tobacco. and Firearms for
licensure in the county before January 18, 2017, is eligible to hold the events authorized
by subsections (c)(2) and (c)(3) if it has: (i) on-site distillation and bottling processes: (ii)
an on-site tasting room with regular hours in which it is open to the public: and (iii) a
minimum of five (5) acres of fruits,_ grains, or other agricultural products planted on-site.
or on any abutting lot under the same ownership, at least one growing season each
calendar year and used or to be used in the production of the establishment's beveraems
provided that the five (5) acre threshold shall not apply during periods of widespread crop
damage due to pest damage, disease, frost damage, or storm damage, and further
provided that none of these eligibility requirements shall apply where the sole events
under this subsection (c) are holding up to four (4) educational programs related to
agriculture per calendar year at which not more than two hundred (200) persons are in
attendance at any time. Notwithstanding any other provision of this chapter, the eligibility
requirements of this subsection (c)(1)(i) and (iii) may not be waived, modified, or varied
by special exception. A special exception to subsection (c)(1)(ii) may be granted to
permit tasting room hours by appointment instead of regular hours in which the tasting
room is open to the public.
2. By right. Farm distillery events, weddings, wedding receptionsand other events are
permitted by at a farm distillery provided that not more than two hundred(2001
persons are in attendance at the farm distillery at any time and the events are related to
agritourism or the sale of distilled spirits, subject to the following:
a) Zoning clearance. For each farm distillery licensed on and after December 9
2015, the owner shall obtain a zoning clearance under section 31.5 prior to
holding any events if either the lot or the abutting lots on which the events
allowed in this subsection occur is less than twenty-one (2 1) acres in size or the
event will generate more than fifty (50) visitor vehicle trips per dam
b) Notice. The farm distillery shall provide written notice that an aDDlication for a
zoning clearance for one or more events allowed by this subsection has been
submitted to the owner of each abutting lot under different ownership than the lot
on which the proposed event would be located. The notice shall identify the
proposed type, size, and frequency of events, and provide the name and
telephone number of a contact person who will be on-site at the farm distillery
during each event. The notice shall be mailed at least ten (10) days prior to the
action on the zoning clearance.
3. By special use permit. Farm distillery events, weddings, wedding receptions. and other
events at which more than two hundred (200) persons will be in attendance at the farm
distillery at any time are permitted by special use permit at a farm distillery, provided that
they are related to agritourism or the sale of distilledspirits.
4. Determining attendance at the farm distillery at anv time. The attendance at the farm
distillery at any time under subsections (c)(2) and (c)(3) shall be the aggregate of the
actual or allowed attendance at any time for any farm winery event, farm brewery event.
farm distillery event, wedding, wedding eception, and other events. Attendance shall not
include any owner or employee of the farm winery or any employee or owner of a vendor
providing goods or services to the farm winery event, wedding, wedding reception, or
13
Draft: 01/11/17
other event pursuant to subsections (c)(2) and (c)(3). Attendance shall not include any
individual engaging orparticipating-in activities under subsections (a) and (b).
5. Other events. For the purposes of this subsection. the term "other events" means events
that are agritourism events or are distilled spirits sales related events, which are
determined by the zoning administrator to be usual and customary at farm distilleries.
which do not create a substantial impact on the public health, safety, or welfare. and
which are not expressly authorized under subsection (c) as farm distillery events.
weddings, or wedding receptions.
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 aces events authorized under section 5.1.59(c)(3)
shall include the following:
Information. Information pertaining to the following: (i) the proposed ries events; (ii) the
maximum number of persons who will attend each ase event at any given time; (iii) the
frequency and duration of the uses events; (iv) the provision of on-site parking; (v) the
location, height, and lumens of outdoor lighting for each ase event; gad (vi) the location
of any stage, structure or other place where music will be performed; and (vii) a traffic
management plan. which demonstrates how traffic entering and exiting the farm distillery
for an event will be managed to ensure safe and convenient access to and from the site
and includes planned routes of vehicular access to the farm distillery_, on-site circulation.
the use of shuttles or other transportation services. and traffic control personnel.
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 events; (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.
Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to the following:
Zoning clearance. Each farm distillery shall obtain approval of a zoning clearance under
section 31.5 prior to generating any outdoor amplified music at the farm distillery. The
purpose of the zoning clearance shall be to verify that the sound amplification equipment
at the farm distillery 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.
Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(A).
4. Times of day when outdoor amplified music prohibited. Sound generated by outdoor
amplified music is prohibited between 10:00 p.m. each Sunday through Thursday night
and 7:00 a.m. the following morning,, and between 11:00 p.m. each Friday and Saturday
night and 7:00 a.m. the following morning.
14
Draft: 01/11/17
Yards. Ne�withsta-ndifig any other- pr-evision of this ehapter-, the minifymm fFen4, side, and r -
tents, off street pafking areas, and portable toilets used in whole or- in part to serve any use
(ii) there is no hafm to the publie health, safety, OF Welfa e; a*d (iii) written eonsent has been
provided by the owner- of the abutting lot eensenting to the r-e"eti
Yards. Notwithstanding any other provisions of this chapter, the following shall apply to each
farm distillery in the Rural Areas (RA) district:
1. Permanent structures. 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.
2. Tents, off-street narking areas, and portable toilets. The minimum front, sideand rear
and shall be one hundred twenty-five (125) feet from any abutting lot not under the same
ownership as the farm distillery for all of the following used in whole or in part to serve
anipermitted use at a farm distillery: (i) off-street parking areas established after January
18.2017: (ii) tents: and (iii) portable toilets.
3. Special exception. Any minimum yard may be reduced by pecial exception upon
consideration of the following: (i) there is no detriment to any abutting lot: (iii) -there is no
harm to the public health, safety, or welfare: and (iii) written consent to the proposed
reduction has been provided by the owner of any lot abutting the proposed reduced
setback.
g. Uses prohibited. The following uses are prohibited:
Restaurants.
Helicopter rides.
(Ord. 15-18(10), 12-9-15)
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:
17. Farm winery uses, events, and activities authorized by section 5.1.25((al. (b). and (cl(21.
15
•
AM
(Ord. 15-18(10), 12-9-15)
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:
17. Farm winery uses, events, and activities authorized by section 5.1.25((al. (b). and (cl(21.
15
Draft: 01/11/17
29. Farm brewery uses, events, and activities authorized by section 5.1.57(a) an " al. (bl. and
c 2.
31. Farm distillery uses, events, and activities authorized by section 5.1.59(a) an 4b)al. (bl. and
(c)Q.
(§ 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(l),1-12-11; Ord. 12-18(3),6-6-12; Ord. 13-18(5),9-11-13; Ord. 14-18(4),11-12-14; Ord. 15-18(10),
12-9-15)
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:
53. Farm winery uses, events, and activities authorized by section 5.1.25(c) 3M.
55. Farm brewery uses, events, and activities authorized by section 5.1.57(c) 3M.
57. Farm distillery uses, events, and activities authorized by section 5.1.59(c)(3A.
(§ 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; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15)
Section 11
Monticello Historic District, MHD
Sec. 11.3.1 By right
The following uses shall be permitted by right in the MHD:
19. Farm winery uses, events, and activities authorized by section 5.1.25(a) an 4b}(al. (b). and (cl(21.
16
Draft: 01/11/17
28. Farm brewery uses, events, and activities authorized by section 5.1.57( al. (bl. and
(cl(21.
30. Farm distillery uses, events, and activities authorized by section 5.1.59(x) a al. (bl. and
c 2
(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; Ord. 14-
18(4), 11-12-14; Ord. 15-18(10), 12-9-15)
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) 3M, 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)(3), provided, however,
that no special use permit shall be required for any use that is otherwise permitted pursuant to
section 11.3.1.
11. Farm distillery uses, events, and activities authorized by section 5.1.59(c) 3M, 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; Ord. 14-18(4), 11-12-14; Ord. 15-
18(10),12-9-15)
I, Claudette K. Borgersen, 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
Aye Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Clerk, Board of County Supervisors
17
Draft: 09/02/16
ORDINANCE NO. 16-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
AND 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 I, General Regulations, and Article II, Basic Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 5.1.25
Farm wineries
Sec. 5.1.57
Farm breweries
Sec. 5.1.59
Farm distilleries
Article I. General Provisions
Sec. 3.1 Definitions.
Farm brewery: An establishment located on one or more lots in Albemarle County licensed as a limited
brewery under Virginia Code § 4.1-208; provided that, as a prerequisite to holding the events or activities
authorized by subsections 5.1.57(b) and (c), any farm brewery established in the county on and after
shall also have: (i) an on-site fermentation process: (ii) an on-site tasting room with
regular hours in which it is open to the public: and (iii) a minimum of five (5) acres of fruits, grains. or
other agricultural products planted on-site, including any abutting lot under the same ownership. and used
in the production of the establishment's beverages. -provided that the five (5) acre threshold shall not
apply during periods of widespread crop damage due to pest damage, disease, frost damage, or storm
damage.
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 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. (Added 11-12-14)
Farm distillery: An establishment located on one or more lots in Albemarle County to which a limited
distiller's license is issued under Virginia Code § 4.1-206; provided that, as a prerequisite to holding the
events or activities authorized by subsections 5.1.59(b) and (c), any farm distillery established in the
county on and after or had submitted an application to the United States Bureau of
Alcohol, Tobacco, and Firearms for licensure on or before shall also have: (i) on-
site distillation and bottling processes: (ii) an on-site tasting room with regular hours in which it is open to
the public: and (iii) a minimum of five (5) acres of fruits, grains, or other agricultural products planted on-
site, including any abutting lot under the same ownership, and used in the production of the
establishment's beverages, provided that the five (5) acre threshold shall not apply during1)eriods of
widespread crop damage due to pest damage, disease, frost damage or storm damage.
Draft: 09/02/16
Farm distillery event: An event conducted at a farm distillery on one or more days where the purpose is
agritourism or to promote the sale of distilled spirits, including, but not limited to, gatherings not
otherwise expressly authorized as a use under section 5.1.59(a), (b)(1) and (b)(3) through (b)(9),
including, but not limited to, distilled spirits festivals; receptions where distilled spirits are sold or served;
distilled spirits club meetings and activities; distilled spirits tasting educational seminars; distilled spirits
tasting luncheons, business meetings, and corporate luncheons with a focus on selling distilled spirits;
gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local
chamber of commerce activities; distillers' dinners where distilled spirits are paired with food;
agritourism promotions; and fundraisers and charity events. (Added 12-9-15)
Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm
winery under Virginia Code § 4.1-207provided that, as a prerequisite to holding the events or activities
authorized by subsections 5.1.25(b) and (c), any farm winery established in the county on and after
shall also have: (i) on-site fermentation and bottling processes: (ii) an tasting room
with regular hours in which it is open to the public: and (iii) a minimum of five (5) acres of fruits. grains.
or other agricultural products planted on-site, including any abutting lot under the same ownership, and
used in the production of the establishment's beverages, provided that the five (5) acre threshold shall not
apply during periods of widespread crop damage due to pest damage, disease, frost damage, or storm
damage.
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)(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; Amended 11-12-14)
(§ 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; Ord. 14-18(4),11-12-14; Ord. 15-18(1), 2-11-15; Ord.
15-18(2), 4-8-15; Ord. 15-18(4), 6-3-15; Ord. 15-18(5),7-8-15; Ord. 15-18(10),12-9-15; Ord. 16-18(l),3-2-16)
State law reference - Va. Code § 15.2-2286(A)(4).
2
Draft: 09/02/16
Article 11. Basic Regulations
Sec. 5.1.25 Farm wineries
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.
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.
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, and further provided that, for each farm
winery licensed after December 9, 2015, the owner shall obtain a zoning clearance under section
31.5 prior to commencing the use if either the lot or the abutting lots on which the uses allowed in
this subsection occur is less than twenty-one (21) acres in size or the use will generate more than
fifty (50) visitor vehicle trips per day:
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 for this use and any uses identified in subsection (h).
Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
4. Hayrides.
Draft: 09/02/16
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.
Tours of the farm winery, including the vineyard.
9. Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time for this use and any uses identified in subsection (h).
10. 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 public health, safety, or welfare, and at which not more than two hundred (200)
persons are in attendance at any time for this use and any uses identified in subsection
(h).
Agritourism uses or wine sales related uses; more than 200 persons 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 this use and any uses identified in subsection (h), are permitted at a farm winery
with a special use permit, provided they are related to agritourism or wine sales:
Farm winery events.
2. 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 33.4, 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 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 the following:
Zoning clearance. Each farm winery licensed on and after November 12, 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
4
Draft: 09/02/16
verify that the sound amplification 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.
Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(A).
f. ,
side, and r
yard requir-emei4s in seetion 10.4 shall apply to all pr-imat=y and aeeessofy sti=uetidfes establis
after- N4ay 5, 2010 and to all tepAs, og street par -king areas and poi4able toilets used in whole
part to serve I . tted at a farm * 'Ary, Provided that the minmmm r-equired yard ma� 7
the abutfing lot; (ii) there is no harm to the publie health, safiaty, or- welfafe; and (iii) "t4ea
eensent has been provided by the ow-ner of the abutting lot eonsepAing to the rzedt+etien.
Yards. Notwithstanding any other provisions of this chanter, the following shall apply:
1. Permanent structures. 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.
2. Tents. off-street narking areas. and portable toilets. The minimum front. side. and rear
and shall be one hundred twenty-five (125) feet from any abutting lot not under the same
ownership as the farm winery for all tents, off-street parking areas established after
. and portable toilets used in whole or in part to serve any use
permitted at a farm winery.
3. Special exception. Any minimum yard may be reduced by special exception upon
consideration of the following: (i) there is no detriment to any 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 any abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
Restaurants.
2. Helicopter rides.
h. Determining attendance. For the purposes of determining the actual or allowed attendance at any
time under subsections (b) and (c), the actual or allowed attendance for the following uses shall
be considered: farm winery events, farm brewery events, and farm distillery events as provided in
sections 5.1.25(b)(2) and (c)(1), 5.1.57(b)(2) and (c)(1), and 5.1.59(b)(2) and (c)(1), respectively;
weddings and wedding receptions as provided in sections 5.1.25(b)(9) and (c)(2), 5.1.57(b)(9)
and (c)(2), and 5.1.59(b)(9) and (c)(2); and unclassified usual and customary uses as provided in
sections 5.1.25(b)(10) and (c)(3), 5.1.57(b)(10) and (c)(3), and 5.1.59(b)(10) and (c)(3).
(§ 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; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15)
Draft: 09/02/16
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") are
permitted at a farm brewery:
The production and harvesting of barley and other grains, hops, 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
equipment for those activities.
2. The sale, tasting, or consumption of beer within the normal course of business of the farm
brewery.
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.
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.
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. 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, and further provided that, for each farm
brewery licensed after December 9, 2015, the owner shall obtain a zoning clearance under section
31.5 prior to commencing the use if either the lot or the abutting lots on which the uses allowed in
this subsection occur is less than twenty-one (21) acres in size or the use will generate more than
fifty (50) visitor vehicle trips per day:
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 for this use and any uses identified in subsection (h).
3. Guest brewmasters and trade accommodations of invited guests at a farm brewery
owner's private residence at the farm winery.
4. Hayrides.
Kitchen and catering activities related to a use at the farm brewery.
6
Draft: 09/02/16
Picnics, either self -provided or available to be purchased at the farm brewery.
7. Providing finger foods, soups, and appetizers for visitors.
Tours of the farm brewery, including the areas where agricultural products are grown.
Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time for this use and any uses identified in subsection (h).
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 public health, safety, or welfare, and at which not more than two hundred (200)
persons are in attendance at any time for this use and any uses identified in subsection
(h).
Agritourism uses or beer sales related uses; more than 200 persons 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 this use and any uses identified in subsection (h), are permitted at a farm
brewery with a special use permit, provided they are related to agritourism or beer sales:
Farm brewery events.
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:
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 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 the following:
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 amplification 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
7
Draft: 09/02/16
to and while outdoor amplified music is being played, to monitor compliance with the
applicable standards in section 4.18, or both.
Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(A).
f. >
and r-
tepAs, off street par4c4ng areas, and portable toilets used in whole or in part to serve any use
pefmitted at a farm brewery, provided that the miniamm required yard may be redueed by special
exeeption upon eonsider-ation of the following: (i) there is no det+iment to the abtA4ing lot; (io
there is no hafm to the publie health, sa��, or- welfafe; and (iii) vffitten eonsen4 has been
provided by the owner of the AtAti g 1„f , enti g to the ,-o,luet .,,
Yards. Notwithstanding any other provisions of this chanter, the following shall apply:
1. Permanent structures. 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.
2. Tents. off-street narking areas. and portable toilets. The minimum front. side. and rear
and shall be one hundred twenty-five (125) feet from any abutting lot not under the same
ownership as the farm brewery for all tents, off-street parking areas established after
. and portable toilets used in whole or in part to serve any use
permitted at a farm brewery.
3. Special exception. Any minimum yard may be reduced by pecial exception upon
consideration of the following: (i) there is no detriment to any 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 any abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
Restaurants.
2. Helicopter rides.
h. Determining attendance. For the purposes of determining the actual or allowed attendance at any
time under subsections (b) and (c), the actual or allowed attendance for the following uses shall
be considered: farm winery events, farm brewery events, and farm distillery events as provided in
sections 5.1.25(b)(2) and (c)(1), 5.1.57(b)(2) and (c)(1), and 5.1.59(b)(2) and (c)(1), respectively;
weddings and wedding receptions as provided in sections 5.1.25(b)(9) and (c)(2), 5.1.57(b)(9)
and (c)(2), and 5.1.59(b)(9) and (c)(2); and unclassified usual and customary uses as provided in
sections 5.1.25(b)(10) and (c)(3), 5.1.57(b)(10) and (c)(3), and 5.1.59(b)(10) and (c)(3).
(Ord. 14-18(4), 11-12-14; Ord. 15-18(10),12-9-15)
Sec. 5.1.59 Farm distilleries.
Each farm distillery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses") are
permitted at a farm distillery:
Draft: 09/02/16
The production and harvesting of agricultural products and the manufacturing of
alcoholic beverages other than wine or beer.
2. The on -premises sale, tasting, or consumption of alcoholic beverages other than wine or
beer during regular business hours in accordance with a contract between a distillery and
the Alcoholic Beverage Control Board pursuant to the provisions of Virginia Code § 4.1-
119(D).
The sale and shipment of alcoholic beverages other than wine or 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.
4. The storage and warehousing of alcoholic beverages other than wine or beer in
accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage
Control Board, and federal law.
The sale of items related to alcoholic beverages other than wine or beer that are incidental
to the sale of the alcoholic beverages.
b. Agritourism uses or sales related uses. The following uses are permitted at a farm distillery,
provided they are related to agritourism or the sale of alcoholic beverages other than wine or beer,
and further provided that, for each farm distillery licensed after December 9, 2015, the owner
shall obtain a zoning clearance under section 31.5 prior to commencing the use if either the lot or
the abutting lots on which the uses allowed in this subsection occur is less than twenty-one (21)
acres in size or the use will generate more than fifty (50) visitor vehicle trips per day:
Exhibits, museums, and historical segments related to alcoholic beverages other than
wine or beer or to the farm distillery.
Farm distillery events at which not more than two hundred (200) persons at any time for
this use and any uses identified in subsection (h).
Guest distillers and trade accommodations of invited guests at a farm distillery owner's
private residence at the farm distillery.
4. Hayrides.
Kitchen and catering activities related to a use at the farm distillery.
6. Picnics, either self -provided or available to be purchased, at the farm distillery.
Providing finger foods, soups, and appetizers for visitors.
Tours of the farm distillery, including the areas where agricultural products are grown.
9. Weddings and wedding receptions at which not more than two hundred (200) persons at
any time for this use and any uses identified in subsection (h).
10. Other uses not expressly authorized that are agritourism uses or are sales related uses,
which are determined by the zoning administrator to be usual and customary uses at farm
distilleries throughout the Commonwealth, which do not create a substantial impact on
the public health, safety, or welfare, and at which not more than two hundred (200)
0
Draft: 09/02/16
persons are in attendance at any time for this event and any events identified in
subsection (h).
Agritourism uses or sales related uses; more than 200 persons 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 this use and any uses identified in subsection (h), are permitted at a farm distillery with a
special use permit, provided they are related to agritourism or the sale of alcoholic beverages
other than wine or beer:
Farm distillery events.
Weddings and wedding receptions.
Other uses not expressly authorized that are agritourism uses or related to the sale of
alcoholic beverages other than wine or beer which are determined by the zoning
administrator to be usual and customary uses at farm distilleries 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 5.1.59(c) shall
include the following:
f
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 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 the following:
Zoning clearance. Each farm distillery shall obtain approval of a zoning clearance under
section 31.5 prior to generating any outdoor amplified music at the farm distillery. The
purpose of the zoning clearance shall be to verify that the sound amplification equipment
at the farm distillery 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.
Maximum sound level. Sound generated by outdoor amplified music shall not exceed the
applicable maximum sound levels in section 4.18.04.
Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be
deemed to be an exempt sound under section 4.18.05(A).
10
Draft: 09/02/16
tef4s, eg street pafl4fig areas, and peAable toilets used in whole or- in pat4 to serve any use
(4) t4efe is no hafm to the ptiblie health, safe�, or- welfa e; and (iii) vffit4ea eensent has been
pr-&vided by the owner- of the abtA4ing lot eenseating to the r-e"eti
Yards. Notwithstanding any other provisions of this chanter, the following shall apply:
1. Permanent structures. 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.
2. Tents, off-street narking areas, and portable toilets. The minimum front, sideand rear
and shall be one hundred twenty-five (125) feet from any abutting lot not under the same
ownership as the farm distillery for all tents, off-street parking areas established after
. and portable toilets used in whole or in part to serve any use
permitted at a farm distillery.
3. Special exception. Any minimum yard may be reduced by special exception upon
consideration of the following- i) there is no detriment to any 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 any abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
Restaurants.
2. Helicopter rides.
h. Determining attendance. For the purposes of determining the actual or allowed attendance at any
time under subsections (b) and (c), the actual or allowed attendance for the following uses shall
be considered: farm winery events, farm brewery events, and farm distillery events as provided in
sections 5.1.25(b)(2) and (c)(1), 5.1.57(b)(2) and (c)(1), and 5.1.59(b)(2) and (c)(1), respectively;
weddings and wedding receptions as provided in sections 5.1.25(b)(9) and (c)(2), 5.1.57(b)(9)
and (c)(2), and 5.1.59(b)(9) and (c)(2); and unclassified usual and customary uses as provided in
sections 5.1.25(b)(10) and (c)(3), 5.1.57(b)(10) and (c)(3), and 5.1.59(b)(10) and (c)(3).
(Ord. 15-18(10), 12-9-15)
I, , 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. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Clerk, Board of County Supervisors
11