§ 138-3241. Alcoholic beverage production.

(a)

Purpose. Due to economies of scale in production, distribution, marketing and advertising, national and super-regional alcoholic beverage producers have dominated the industry for decades. These large-scale production facilities are traditionally assigned to industrial zoning classifications. More recently, local, independent producers have emerged as a competitive market segment within the industry and the resulting increased demand for small production facilities and mixed-use concepts has reshaped certain expectations about the potential impacts of this land-use type when developed on a smaller scale. The purpose of this section is to recognize the emergence of this specialized market segment and establish appropriate standards allowing for the typical range of activities, while mitigating any associated, undesirable impacts.

(b)

Applicability. This section shall apply to regional and large-scale breweries, microbreweries, brewpubs, wineries, distilleries, cideries, meaderies and other producers of alcoholic beverages for sale and/or distribution. This section does not apply to temporary or special events authorized by other sections of this chapter.

(c)

Standards.

(1)

Alcoholic beverage production accessory to a restaurant.

a.

Revenue from food sales shall constitute more than 50 percent of the total business revenues. Vendors may be required to provide verification by a certified public accountant of such sales ratio;

b.

No more than 50 percent of the total gross floor area of the establishment shall be used for the alcoholic beverage production function including, but not limited to, the brewhouse or equivalent, boiling and water treatment areas, bottling, canning and kegging lines, milling and storage, fermentation tanks, conditioning tanks and serving tanks;

c.

Where permitted by local ordinance, state and federal law, retail carryout sale of alcohol produced on the premises shall be allowed in specialty containers holding no more than a U.S. gallon (3,785 ml/128 U.S. fluid ounces). These containers are commonly referred to as growlers;

d.

Keg containers larger than a U.S. gallon (3,785 ml/128 U.S. fluid ounces) may be sold for the following purposes and in the following amounts:

1.

An unlimited number of kegs for special events, the primary purpose of which is the exposition of products, which include the participation of at least three such producers;

2.

An unlimited number of kegs for local government co-sponsored events where the purpose of the event is not for commercial profit and where the product is not wholesaled to the event co-sponsors but is instead, dispensed by employees of the production facility.

e.

All outdoor mechanical equipment visible from streets, adjacent residential uses or residential zoning districts shall be screened using architectural features consistent with the principal structure;

f.

Access and loading bays shall not face toward the primary street;

g.

Access and loading bays facing an adjacent residential use or residential zoning district shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building;

h.

No outdoor storage shall be allowed. This prohibition includes the use of portable storage units, cargo containers and tractor trailers.

(2)

Alcoholic beverage production, small scale (microbrewery/microwinery/microdistillery).

a.

The facility shall produce no more than 15,000 barrels (465,000 U.S. gallons) of beer and/or cider per year (microbrewery/cidery), 100,000 U.S. gallons of wine and/or mead per year (microwinery/meadery), or 15,000 U.S. gallons of spirits per year (microdistillery);

b.

In non-industrial zoning districts, this use shall be permitted only in conjunction with a restaurant, tasting room or retail sales and service, and shall be subject to the following standards:

1.

No more than 75 percent of the total gross floor space of the establishment shall be used for the alcohol production function including, but not limited to, the brewhouse or equivalent, boiling and water treatment areas, laboratories, bottling, canning and kegging lines, milling and storage, fermentation tanks, conditioning tanks and serving tanks;

2.

The façade of any accessory use(s) shall be oriented toward the primary street, and, if located in a shopping center, to the common space where the public can access the use;

3.

Pedestrian connections shall be provided between the public sidewalks and the primary entrance(s) to any accessory use(s). These connections shall satisfy current ADA requirements.

4.

All mechanical equipment visible from streets, adjacent residential uses or residential zoning districts shall be screened using architectural features consistent with the principal structure;

5.

Access and loading bays shall not face toward the primary street;

6.

Access and loading bays facing an adjacent residential use or residential zoning district, shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building;

7.

No outdoor storage shall be allowed, including the use of portable storage units, cargo containers and tractor trailers, except as follows: spent or used grain or other similar natural byproduct of the production process, may be stored outdoors for a period of time not to exceed 24 hours. The temporary storage area of spent or used grain shall be:

i.

Designated on the approved site plan;

ii.

Permitted within the interior side or rear yard or within the minimum building setbacks;

iii.

Prohibited within any yard abutting a residential use or residential zoning district;

iv.

Fully enclosed within a suitable container, secured and screened behind a solid, opaque fence or wall measuring a minimum six feet in height.

(3)

Alcoholic beverage production, regional and large-scale. Regional and large-scale alcoholic beverage production facilities are those facilities that produce in any combination more than 15,000 barrels (465,000 US gallons) of beer/cider, 100,000 gallons of wine/mead or 15,000 gallons of spirits per year. Regional and large-scale facilities shall comply with the development standards of the applicable zoning district and applicable general development standards.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)