A farm alcohol producer may be authorized by conditional use, subject to the following requirements, conditions, and limitations:
(A) The primary use of the property shall continue to be agricultural in nature and any commercial aspects of this use shall not be used solely to warrant or justify the assignment of future land use designations or rezoning petitions.
(B) A farm alcohol producer must have a valid Class 4 limited winery, Class 8 farm brewery, or Class 1 distillery Maryland alcohol manufacturer license, or as may be amended.
(C) The alcoholic beverage shall be manufactured with an ingredient from a Carroll County agricultural product produced on the licensed farm. If Maryland Department of Agriculture determines for the calendar year that an insufficient supply of Maryland agricultural products exist, a farm alcohol producer may use agricultural products from outside Carroll County or outside the state to manufacture its alcohol products.
(D) The farm alcohol producer may purchase bulk beverage fermented, brewed, or distilled by a licensed alcohol manufacturer and blend the beverage with the farm alcohol producer's alcoholic beverage, if the aggregate purchase does not exceed 25% of the farm alcohol producer's annual beverage production.
(E) All associated structures shall be subject to a 200-foot front, rear, and side yard setback.
(F) Accessory uses at the farm alcohol producer are permitted, as outlined in § 158.071.02. The floor area for beverage tasting, sales of alcohol produced on-site or other non-alcoholic beverages, accessory food sales related to the beverage tasting, and retail sales facility for sale of novelty and gift items related to the beverage shall not exceed the on-site floor area being used for production and storage of such beverage. Sales of non-agricultural products shall be limited to no more than 25% of the floor area of the entire retail sales facility.
(G) TOURS AND TASTINGS means tours of the farm alcohol producer and/or tastings of beverages produced by the farm alcohol producer during the operating hours prescribed in the license. The farm alcohol producer may prepare, sell, and serve food in accordance with the provisions outlined in the farm alcohol producer's state license, and must also obtain appropriate licensing and approvals from the Carroll County Health Department.
(H) Storage of beverages produced on the property is allowed.
(I) A Health Department food service license is required if food is served.
(J) Health Department approval for water supply and wastewater disposal systems is required. For farm alcohol producer facilities served by individual on-site sewage disposal systems (OSDS), the OSDS must provide adequate treatment and hydraulic capacity for the proposed or intended use.
(K) Approval is required from the Bureau of Permits and Inspections for the use of any structures by the public, including sanitation facilities, as outlined in Chapter 170, Construction Codes.
(L) All vehicles parked must be parked on an approved property and may not be parked on public roads or rights-of-way.
(M) Any on-site event or activity at a farm alcohol producer that is expected to exceed site plan approval is considered a temporary/seasonal use and shall obtain a temporary zoning certificate from the Zoning Administrator by submitting a simplified application form as prescribed by the Zoning Administrator.
(N) Those events or activities which require a temporary zoning certificate are subject to the following additional conditions and requirements:
(1) The event or activity is intended to assist in the sale and direct marketing of alcoholic beverages produced by a Carroll County farm alcohol producer;
(2) The event or activity must be clearly incidental, related, and subordinate to the farm alcohol producer's agricultural farming product and must be consistent with state manufacturing license requirements;
(3) The event or activity must comply with the provisions of Chapter 93, Nuisances, Noise;
(4) The event or activity requires a temporary zoning certificate subject to the provisions of § 158.048 and must be consistent with state manufacturing license requirements. Multiple events may be approved under one temporary zoning certificate. Modifications and additions to an approved temporary zoning certificate may occur with the prior approval of the Zoning Administrator;
(5) A temporary food permit license must be approved by the Health Department; and
(6) Approval of a zoning certificate for a temporary use will be determined on a case-by-case basis depending on individual site conditions and the applicant's demonstration that potential impacts to neighboring properties will be adequately addressed and minimized, including, but not limited to, access and traffic impacts, off-street parking, availability of water and sanitation facilities, and anticipated noise levels. The Zoning Administrator may revoke the temporary zoning certificate for a temporary/seasonal use if the use constitutes a nuisance because of noise, traffic, trash, or other cause.
(O) Banquet and meeting facilities.
(1) The BZA may also authorize, in conjunction with a farm alcohol producer, facilities and catering for private events, such as banquets, weddings, receptions, and reunions.
(2) Events at these facilities shall not be open to the public.
(3) Food must be provided and served by a licensed caterer.
(4) Site plan approval is required.
(P) No variances of the above requirements may be granted, with the exception of those provisions specified in § 158.130(F), Application; limits.
(Ord. 2022-20, passed 11-3-2022; Ord. 2023-06, passed 9-7-2023)