§ 155.123 CRAFT DISTILLERIES AND SMALL FARM WINERIES (NOT IN INDUSTRIAL DISTRICTS).
   (A)   Purpose. The purpose of this section is to define a “craft distillery” and “small farm winery” and place conditions upon its operation that will allow it to be an asset to its immediate surroundings as well as to prevent any conflicts with the rural nature of the location of said distilleries.
   (B)   Conditions. In order to limit the adverse effect on adjacent surrounding property, the following conditions must be met prior to the issuance of any conditional use permit by the Board of Zoning Adjustments.
      (1)   Delivery of any supplies and pick-up of finished products shall not be carried out by vehicles with more than three axles.
      (2)   The distillery/winery shall not operate between the hours of 9:00 p.m. and 7:00 a.m. (with the exception of any incidental activities of an agricultural nature). (*The fermentation of the distillery’s product does not constitute “operation” for the purposes of this requirement.)
      (3)   The craft distillery/winery must be located on a lot that is a minimum of 50 acres.
      (4)   If a distillery, the location of the actual distillery facility (i.e., mashtun, fermenters, still or bottling facilities) shall be located a minimum of 150 feet from every property line. In the case of a winery the location of the fermenters, and bottling facilities shall be located a minimum of 150 feet from every property line.
      (5)   Any retail sale on site shall be clearly incidental to the distillery operation and in compliance with the applicable state and federal statutes.
      (6)   Craft distilleries or small farm wineries in residential or agricultural zones shall not produce more than 50,000 gallons per year of finished product. This production maximum includes any product distilled off-site and/or shipped in to be blended and/or bottled on site. (**For reference, “small farm wineries” have a maximum production of 50,000 gallons annually as licensed in the commonwealth.)
      (7)   Any proposal for a conditional use shall be accompanied by a site plan showing all ingress, egress, building site (existing and proposed), all utilities, means of fire protection, parking layout and other information as may be required by the staff or Board of Zoning Adjustments.
(Ord. 8, passed 10-23-1987, § 15.19; Ord. 3 (2010), passed 5-21-2010) Penalty, see § 155.999