A. Farm Airstrip, Helistop
1. Defined
Farm Airstrip, Helistop means an accessory take-off and landing facility for aircraft associated with farming operations.
2. Use Standards
Where a Farm Airstrip, Helistop is allowed as a conditional use, it may be per-mitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
a. Only one aircraft is permanently parked at the airstrip or helistop.
b. The applicant must obtain a favorable air space determination from the Federal Aviation Administration (FAA) in response to an application filed on Form 33 FAA 7480.1 titled "Notice of Proposed Landing Area Established," or whatever form number and title the FAA may require.
c. The minimum setback from any lot line is 1,000 feet.
d. The aircraft using the airstrip or helistop must aid farming operations.
e. The airstrip or helistop must be unpaved.
f. Screening under Division 6.5 is not required.
B. Farm Alcohol Production
1. Defined
Farm Alcohol Production means the transformation of agricultural products into alcoholic beverages. Farm Alcohol Production includes wineries, cideries, breweries, or distilleries on farms. Farm Alcohol Production may include other activities unrelated to the production and sale of alcohol or farming under certain circumstances.
2. Use Standards
a. Where Farm Alcohol Production is allowed as a limited use, it must satisfy the following standards:
i. The production capacity and associated activities of the alcoholic beverage must comply with the license issued by the State of Maryland Comptroller's Office.
(a) A brewery must have a Class 8 Farm Brewery License;
(b) A winery must have a Class 4 Limited Winery License; and
(c) A distillery must have a Class 1 Distillery License.
ii. Some ingredients used in the production process must be grown on site.
iii. Wineries and cideries must have at least 5 acres of fruit used in alcohol production grown on site or on abutting or confronting property rented by the producer, and:
(a) have at least 20 acres of grapes or other fruit in cultivation on property they own, rent, or control; or
(b) source a majority of their grapes or other fruit from Maryland.
iv. Breweries and distilleries must source a majority of their ingredients, if available at competitive prices, from Regionally-Grown Products. At least 1.0 acre of ingredients must be grown on site for use in the alcohol production process.
v. A plan with a schedule to increase the use of local Montgomery County agricultural products in the production process must be submitted to the Department of Permitting Services.
vi. The underlying land must be classified as agricultural by the State Department of Assessments and Taxation and the facility must be an accessory use of the farm.
vii. Subject to all licensing requirements, the facility may:
(a) operate an on-site tasting room for its products; and
(b) prepare and sell food to the extent allowed by the State alcohol manufacturing license.
viii. Events and activities that are normal and customary to the regular operations of a winery, cidery, brewery, and distillery, including membership-related events and traditional festivals related to agriculture or the business of alcohol production, are allowed without a limitation on the number of guests. A maximum of 5 days of events that require an entrance ticket or a cover charge is allowed each calendar year.
ix. Weddings, corporate retreats, and other events accessory to the production of alcohol are allowed:
(a) Except as allowed under subsection (c), the maximum number of participants at any event is 225. There is no limit on the number of events with 100 participants or fewer. The total maximum number of days of events in a calendar year is 50 for events with more than 100 participants.
(b) A written log of all events must be kept by the holder of the alcohol production license. That log must be available for inspection by the Department of Permitting Services.
(c) As a conditional use under Section 7.3.1, the Hearing Examiner may approve additional days of large public events and events with greater numbers of participants for either normal and customary events or other accessory events.
x. If any structure is used for activities under subsection vii, viii, or ix, the structure must satisfy all building, life safety, fire, and sanitation code requirements.
xi. Illumination at the property line must be limited to 0.1 footcandles or less.
xii. All parking must be accommodated on site.
xiii. Noise levels must satisfy Chapter 31B standards.
xiv. Any new building or surface parking area used for Farm Alcohol Production and related events must be located at least 100 feet from an existing dwelling unit on an abutting property.
xv. In the AR zone, except for sites where the property owner obtained a Maryland alcohol producer's license before October 2, 2018, the minimum site area for breweries and distilleries is 25 acres.
xvi. In the RE-1 and RE-2 zones, for breweries, distilleries, and wineries:
(a) the minimum site area is 25 acres;
(b) the site must be located in an area classified as sewer category 6 in the Ten Year Comprehensive Water Supply and Sewerage Systems Plan; and
(c) access must be directly from a roadway classified in the approved Master Plan of Highways and Transitways as a Neighborhood Connector or higher roadway.
b. Where Farm Alcohol Production is allowed as a conditional use, it must satisfy the standards under Section 7.3.1.
C. Farm Market, On-site
1. Defined
Farm Market, On-site means the display and retail sale of agricultural prod-ucts produced on the farm where the farm market is located, or agricultural products produced on another farm under the control of the owner or opera-tor of that farm market. A limited portion of the sales may include agricultur-al products produced on another farm. A Farm Market, On-site may include farm food products certified as non-potentially hazardous by the Depart-ment of Health and Human Services.
2. Use Standards
Where a Farm Market, On-site is allowed as a limited use, it must satisfy the following standards:
a. In the AR, R, RC, RNC, RE-2, RE-2C, RE-1, and R-200 zones:
i. The minimum setback for the sale and display area is 25 feet from the paved edge of the roadway.
ii. Firewood sold at a Farm Market, On-site must be cut and split on the farm where the wood is harvested.
iii. A maximum of 25% of the Farm Market, On-site display and sales area may be used for agricultural products not produced on a farm under the control of the owner or operator of the Farm Market, On-site. In the event of crop failure due to drought, insect damage, disease, or other cause beyond the control of the owner or operator of the Farm Market, On-site DPS may, upon the recommendation of the Department of Economic Development and the Montgomery County Agricultural Advisory Committee and, for a limited period of time, permit more than 25% of the Farm Market, On-site display and sales area to be used for agricultural products not produced on a farm under the control of the owner or operator of the Farm Market, On-site.
b. In the R-90, R-60, R-40, TLD, TMD, THD, R-30, R-20, R-10, CRN, CRT, CR, GR, NR, LSC, EOF, IL, and IM zones:
i. All of the agricultural products for display and retail sale must be produced on-site.
ii. The minimum setback for the sale and display area is 25 feet from any lot line where the subject lot abuts property in a Residential zone.
(Legislative History: Ord. No. 18-51, § 3; Ord. No. 19-03, § 2
; Ord. No. 19-39, § 3
.)