A farm brewery shall comply with all of the following requirements.
(1) The facility shall be located on a farm of at least 10 acres, and the farm shall produce at least one acre of the grain, hops or other natural ingredients, excluding water, that is used to brew the beer. In addition, a facility located in an R1 Zoning District shall be located on land that has received a farm or agricultural use assessment from the State pursuant to § 8-209 of the Tax-Property Article of the State Code.
(2) The minimum setback from any lot line for a structure, storage, parking, picnic area, or loading area shall be 100 feet except that, if the farm is bounded by a road, the minimum setback from the road may be reduced to 50 feet upon approval by the Planning and Zoning Officer.
(3) The public may access the farm brewery for the purposes of touring the facility, sampling and purchasing beer, and attending organized promotional events at the farm.
(4) The sale of promotional items including glassware, clothing, bottle openers or similar items, and plants or produce grown at the farm, is permitted as an accessory use.
(5) A farm brewery located on a scenic or historic road shall comply with the provisions of § 17-6-504 of this Code to the extent practical and to mitigate any adverse visual impact to abutting property not owned by the farm operator.
(6) A farm brewery must submit a site plan to the Office of Planning and Zoning for approval. The site plan must include information regarding screening or siting under subsection (5) and parking for regular business hours as well as for events.
(7) Direct vehicular access:
(i) shall be located on an arterial or collector road, except that the Planning and Zoning Officer shall allow access from a private road if access from a public road is not feasible and, if the private road is shared, the applicant submits affidavits of consent from and maintenance agreements with those who share the private road;
(ii) shall be sufficient to prevent traffic congestion on roads in adjoining residential areas; and
(iii) may not be closer than 40 feet to the lot line of a residentially zoned adjoining lot that is not part of the farm brewery unless the applicant submits affidavits of consent from all owners of the residentially zoned lot.
(Bill No. 8-15; Bill No. 43-15; Bill No. 17-17; Bill No. 67-17; Bill No. 97-18; Bill No. 14-19; Bill No. 16-20; Bill No. 23-20)
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