Loading...
A lawful use or structure existing at the time this chapter is adopted or amended may continue even though the use does not conform with the district regulations subject to the following provisions:
(A) If no structural alterations are made, a nonconforming use or structure may be changed to another nonconforming use or structure of the same or more restricted zoning district.
(B) Whenever a nonconforming use or structure has been changed to a more restricted or conforming use, it shall not be changed back to a less restricted use.
(C) Should any nonconforming use or structure be destroyed by any means to the extent of more than 50% of its replacement cost, such nonconforming use shall not continue.
(D) In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(E) Any nonconforming use may be extended throughout any part of a structure which was arranged or designed for the use previous to the adoption of this chapter, but shall not be extended outside the structure.
(F) No existing nonconforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted use. This is not to include normal repairs and maintenance, which do not enlarge, move or structurally alter a nonconforming use.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
(A) Brewpub and microbrewery.
(1) Brewpub.
(a) The area used for brewing, including bottling and kegging (but not including storage facilities, or other spaces that may be used by the restaurant or drinking establishment), shall not exceed 33% of the total area of a combined restaurant and drinking establishment and 50% of the total floor area of a drinking establishment without restaurant services.
(b) A malt beverage manufacturer's license must be obtained per state law.
(c) A malt beverage license must be obtained per city ordinance.
(d) The amount, method, and frequency of spent grain being disposed shall be provided.
(e) The brewery shall not produce more than 15,000 barrels of malt beverages per year. A barrel contains 31 gallons.
(2) Microbrewery.
(a) A malt beverage manufacturer's license must be obtained per state law.
(b) A malt beverage license must be obtained per city ordinance.
(c) A microbrewery may also operate other uses allowed in the district. Depending on the use, and the district, the additional uses may require a conditional use permit.
(d) If operating a combined restaurant and drinking establishment in combination with the microbrewery, the area used for brewing, including bottling and kegging (but not including storage facilities, or other spaces that may be used by the restaurant or drinking establishment) shall not exceed 33% of the total area.
(e) If operating a drinking establishment in combination with the microbrewery, the areas used for brewing, including bottling and kegging (but not including storage facilities, or other spaces that may be used by the restaurant or drinking establishment) shall not exceed 50% of the total area.
(f) All grain shipments and spent grain shall be contained within a completely enclosed building.
(g) The amount, method, and frequency of spent grain being disposed shall be provided.
(h) The brewery shall not produce more than 30,000 barrels of malt beverages per year. A barrel contains 31 gallons.
(B) Farm winery and wine manufacturer.
(1) Farm winery.
(a) A farm winery license must be obtained per state law.
(b) A malt beverage license must be obtained per city ordinance.
(c) A farm winery may also operate other uses allowed in the district. Depending on the use, and the district, the additional uses may require a conditional use permit.
(d) The amount, method, and frequency of pomace or marc being disposed shall be provided.
(e) The quantity of wine produced cannot exceed 150,000 gallons per year.
(2) Wine manufacturer.
(a) A wine manufacturer license must be obtained per state law.
(b) A malt beverage license must be obtained per city ordinance.
(c) A wine manufacturer may also operate other uses allowed in the district. Depending on the use and the district, the additional uses may require a conditional use permit.
(d) The amount, method and frequency of pomace or mare being disposed shall be provided.
(e) The quantity of wine produced cannot exceed 150,000 gallons per year.
(Ord. 1477, passed 1-3-2023)
Loading...