§ 27-445.01. Farm Winery.

(a)

General Requirements. A Farm Winery is permitted subject to the following:

(1)

A Farm Winery shall be located on a parcel of land of at least five (5) acres that is assessed for agricultural use. The Farm Winery shall be operated in accordance with all local, state, and federal laws.

(2)

Grapes, fruit, or juice used for processing of wine may be contracted for purchase from off-site locations, however after an initial five-year start up period, at least thirty three percent (33%) of the grapes or other fruit that is processed into wine at the Farm Winery shall be grown on site or obtained from other off-site locations under the control of the Farm Winery owner.

(3)

Sampling and the sale for on- and off-site consumption of wine, grape, or fruit products produced on the premises shall be permitted in accordance with State and County alcohol laws and regulations.

(4)

Areas designated for wine tasting (tasting rooms) are allowed and shall not exceed sixty percent (60%) of the total gross floor area of the principal building used for processing of wine or two thousand (2,000) square feet, whichever is less.

(5)

Snack foods or prepackaged foods like sandwiches, soups, or salads, and non-alcoholic beverages that are consumed on the premises are allowed, however, food or beverage stores are not permitted as an accessory use to a Farm Winery.

(6)

A commercial restaurant may be permitted by special exception, but shall be compatible with the rural character of the farm and the surrounding area.

(7)

Retail sales of merchandise or items other than wine are permitted subject to the following conditions:

(A)

The items sold are primarily associated with the Farm Winery (e.g., glassware and souvenirs) or are locally produced goods which would be permitted to be sold at an artisan's and crafter's market or farmers' market; and

(B)

The retails sales are conducted within the Farm Winery or an accessory structure; and the area designated for the retail sales shall not exceed twenty percent (20%) of all Farm Winery buildings combined.

(8)

Promotional or special events related to agritourism, such as, but not limited to, wine festivals, publicly advertised functions, workshops, fund-raising or charitable functions, weddings, receptions, social events or cultural exhibits where the number of persons in attendance at any given time exceeds two hundred (200) persons shall be restricted to eight (8) events per calendar year. Smaller less, attended functions, such as, but not limited to, wine tastings, private parties, winery tours, meetings or picnics are permitted without limitation on the number of events. All events allowed shall comply with the requirements of this Ordinance and with State and County alcohol laws and regulations.

(9)

The minimum setback from any lot line for any newly-constructed buildings or storage facilities used in conjunction with the manufacturing of wine shall be seventy-five (75) feet. All other uses and structures are subject to the requirements of the Landscape Manual. Adequate parking for visitors to the Farm Winery shall be provided on the premises. No visitors parking shall be allowed on public or private rights-of-way.

(10)

The use shall not be permitted on a lot or open space within a subdivision defined as a parcel of land under which there is a governance structure and regulations (i.e., a homeowners' association and recorded covenants).

(11)

The Farm Winery shall be consistent with and support the farm and its production, and shall not interfere with the implementation of soil conservation and water quality best management practices. The Farm Winery shall minimize impacts to sensitive natural resources on the farm, such as floodplains, wetlands or stream buffers. The Farm Winery shall be operated in accordance with all local, state, and federal laws, and shall be compatible with the rural character of the farm and the surrounding area.

(CB-36-2009)