§ 16-23. Farm breweries. (Revised 6/23/15)

Each farm brewery shall be subject to the following:

Table B	By right	By right with Zoning Clearance	Special Use Permit
Farm Brewery	Production, harvesting, storage, sales, tasting, agritourism activities;   Agritourism or farm brewery events or retail sales generating less than or equal to 200 vehicle trips/day & occurring on sites greater than or equal to 10 acres in size.   Less than or equal to 24 agritourism or farm brewery events/year with less than or equal to 400 attendees at any time;   Structures for agritourism or farm brewery sales less than or equal to 4,000 square feet	Outdoor amplified music (new establishments)   Agritourism or farm brewery events or retail sales generating either greater than 200 vehicle trips/day or occurring on sites less than 10 acres in size 1 ; greater than 24 agritourism or farm brewery events/year with less than 400 attendees at any time	Structures for agritourism or farm brewery sales greater than 4,000 square feet;   Events greater than 400 attendees at any time

 

¹ The area requirement may be one or more abutting parcels under the same ownership which the agricultural operation and event or activity is located.

16-23-1 Uses permitted. The following 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. The acreage requirements and maximum vehicle trips/day are indicated in Table B.

(3)

The direct sale and shipment of beer in accordance with Code of Virginia, tit. 4.1 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 Code of Virginia, tit. 4.1, regulations of the alcoholic beverage control board, and federal law.

(5)

The storage and warehousing of beer in accordance with Code of Virginia, tit. 4.1, 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.

16-23-2 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:

(1)

Exhibits, museums, and historical segments related to beer or to the farm brewery.

(2)

Farm brewery events at which not more than 400 persons are in attendance at any time. The acreage requirements and maximum vehicle trips/day are indicated in Table B.

(3)

Guest brew masters and trade accommodations of invited guests at a farm brewery owner's private residence at the farm brewery.

(4)

Hayrides.

(5)

Kitchen and catering activities related to a use at the farm brewery.

(6)

Picnics, either self-provided or available to be purchased at the farm brewery.

(7)

Providing finger foods, soups, and appetizers for visitors.

(8)

Tours of the farm brewery, including the areas where agricultural products are grown.

(9)

Weddings and wedding receptions at which not more than 400 persons are in attendance at any time and shall be in accordance with Table B.

(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 400 persons are in attendance at any time and is in compliance with Table B.

16-23-3 Special use permit.

(1)

Agritourism uses or beer sales related uses; (see Table B). The following uses are permitted at a farm brewery with a special use permit, provided they are related to agritourism or beer sales and in compliance with Table B:

a.

Farm brewery events.

b.

Weddings and wedding receptions at which more than 400 persons are in attendance at any time.

c.

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.

(2)

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] 16-2, each application shall include the following:

a.

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.

b.

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 setbacks 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.

16-23-4 Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be subject to the following:

(1)

Zoning certification. Each farm brewery shall obtain approval of a zoning certification under [section] 16-1 prior to generating any outdoor amplified music at the farm brewery.

(2)

Sound amplification shall be limited in the time range of 10:00 a.m. to 10:00 p.m. EST.

16-23-5 Setbacks. Notwithstanding any other provision of this article, the minimum front, side, and rear setback requirements shall be in accordance with each applicable zoning district's primary structure setback. This shall apply to all structures, to all tents, off-street parking areas and portable toilets used in whole or in part to serve any use permitted at a farm winery, provided that the zoning administrator may reduce the minimum required setback may be reduced by administrative variance upon finding that consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction.

16-23-6 Uses prohibited. The following uses are prohibited:

(1)

Restaurants.

(2)

Helicopter rides.

(Ord. of 6-12-18 )

(Ord. of 6-12-18 )