The purpose of this article is to regulate and facilitate the development of Virginia Farm wineries and commercial wineries.

(Ord. of 4-9-2007(1))

The requirements set forth in this division shall govern the development of farm wineries and commercial wineries, in conjunction with the applicant additionally meeting all requirements set forth by the state alcoholic beverage control board.

(Ord. of 4-9-2007(1))

A.

Commercial and Virginia Farm Winery. Each commercial and Virginia Farm Winery shall be subject to the following:

1.

After obtaining approval from the county the owner shall obtain a farm winery license from the state alcoholic beverage control board. At least 51 percent of the fresh fruits of agricultural products used by the owner to manufacture the wine shall be grown or produced on the farm, unless the state alcoholic beverage control board and zoning administrator waives such requirement. If, in the event of drought, natural disaster, disease or other cause beyond the control of the owner there are not sufficient grapes grown on the premises to allow the owner to meet normal annual production the owner may petition in writing for a one-year waiver of the 51 percent rule. For the rule to be waived, approval must be given by both the state alcoholic beverage control board, and the zoning administrator and the owner shall be notified in writing by the zoning administrator of such waiver. The 51 percent rule shall not be waived for more than three consecutive years.

2.

The minimum lot area for a commercial winery is ten acres. The minimum lot area for a Virginia Farm Winery is two acres.

3.

Facilities for fermenting and/or bottling wine shall not be established until the vineyard, orchard or other growing area has been established and is in production.

4.

The following uses and activities are permitted at a farm winery with the prior approval of a site plan as provided in subsection (c). Special events and festivals are also subject to the additional requirements set forth in subsection (d):

a.

On-premises sale of wine, associated products and wine tasting. One location may be established on each farm for the on-premises sale of wine and associated products and wine tasting. The aggregate total floor area for such sales and wine tasting shall not exceed 1,500 square feet. A conditional use permit may authorize the aggregate floor area to exceed 1,500 square feet;

b.

Daily tours. Daily tours of a farm winery shall be permitted;

c.

Special events. Special events shall be permitted up to 12 times per year. For purposes of this section, a special event is an event conducted at a farm winery on a single day for which attendance is allowed only by invitation or reservation. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and other events conducted for the purpose of marketing wine. A conditional use permit may authorize the number of special events per year to exceed 12;

d.

Festivals. Festivals shall be permitted up to four times per year. For purposes of this section, a festival is an event conducted at a farm winery for up to three consecutive days which is open to the general public and conducted for the purpose of marketing wine.

5.

A use or activity identified in subsection (c) is authorized only with the prior approval of a site plan.

6.

Special events and festivals shall be also subject to the following:

a.

The owner shall obtain a special entertainment permit prior to conducting a festival. A single special entertainment permit may be obtained for one or more such festivals as provided herein:

1.

The owner shall apply for a special entertainment permit at least 30 days prior to the date of the first festival to be authorized by the special entertainment permit. The application shall be submitted to the zoning administrator, who shall forward copies of the application to the county sheriff's office, the county fire and rescue division, and the local office of the state department of health. The fee of a special permits is $100.00. Existing wineries do not fall under this permit, except when they obtain a building permit, then they must adhere to this ordinance. Permit cost may be waived for a non-profit or government agency;

2.

The application shall describe the nature of each festival to be authorized by the special entertainment permit, the date or dates and hours of operation of each such festival, the facilities, buildings and structures to be used, and the number of participants allowed to attend each festival;

3.

Upon a determination that all requirements of the zoning ordinance are satisfied and upon receiving approval, and any conditions of such approval, from the other county offices receiving copies of the application, the zoning administrator shall issue a special entertainment permit for one or more festivals. The special entertainment permit shall be conditional upon the owner's compliance with all requirements of the zoning ordinance and all conditions imposed by the special entertainment permit;

4.

The zoning administrator may issue a single special entertainment permit for two or more festivals if:

(i)

The application submitted by the owner includes the required information for each festival to be covered by the special entertainment permit;

(ii)

The zoning administrator determines that each such festival is substantially similar in nature and size; and

(iii)

The zoning administrator determines that a single set of conditions that would apply to each such festival may be imposed with the special entertainment permit.

b.

No kitchen facility permitted by the health department as a commercial kitchen shall be allowed on the farm. A kitchen may be used by licensed caterers for the handling, warming and distribution of food, but not for cooking food, to be served at such special event or festival;

c.

An outdoor amplified sound system shall be prohibited after midnight.

(Ord. of 4-9-2007(1))