Warren planners to forward changes to farm winery rules

FRONT ROYAL -- The Warren County Board of Supervisors will soon consider proposed changes to regulations for farm wineries.

After holding a public hearing on the matter in which only two people spoke, the Planning Commission voted 2-1 Wednesday night to forward to the supervisors proposed amendments to the zoning ordinance that would add farm wineries as a use permitted by right in the agricultural zoning district. Planning Commission Chairman Mark Bower and member Victor Failmezger voted in favor.

Commission member Lorraine Smelser voted against the motion, saying she disagreed with the panel's decision not to remove a stipulation requiring buildings on farm winery property that are open to the public to first be granted a certificate of occupancy from the county's Building Department. Smelser said the requirement is "against state code."

Commission members Harry A. Krum and David McDaniel were absent from Wednesday's meeting.

Planning Director Taryn Logan said planners are revising the ordinance to comply with standards under state code. Besides modifying the definition of a winery, planners also want to add activities and events associated with farm wineries other than those that are usual and customary for wineries across the state.

Such events that would be allowed under a conditional-use permit include live musical concerts; educational seminars; athletic events; wine festivals including the display, tasting and sale of wines produced off site; and any assemblies of more than 60 people.

Under the revised ordinance, a farm winery would be defined as "an establishment located on a farm with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling the wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume."

Outdoor amplified music arising from events at wineries and measured at the nearest agricultural or residential property line must not exceed 60 decibels, the ordinance reads.

Meanwhile, wineries would be allowed to operate from 9 a.m. to 10 p.m. under the ordinance. Planners had originally suggested that wineries operate from 9 a.m. to one hour after sunset.

The Planning Commission had tabled the ordinance at its December meeting to discuss it further after some residents said the regulations were unreasonable and not in compliance with state laws.

Resident Jeff White, who operates Glen Manor Vineyards, said he still wasn't satisfied with the ordinance as presented. White questioned why educational seminars were being considered a threat to the safety of the public.

He also questioned the need to subject wineries to requirements of the county's code section regarding permits. "You haven't done anything [to the ordinance] since the last time we met. You're still not in compliance with state law. And, quite frankly, I will either challenge or ignore any ordinance that you try to pass," White told the commission.

Bower said he realized the ordinance was "unpopular with our local farm wineries."

"It's not that we don't like farm wineries. I think that they make very good neighbors ... Our issue is one of safety and the welfare of the people who live in that area," Bower said. "What we have here tonight is an attempt to try to put some controls in place. And, it doesn't mean that's a popular thing. But, from a planning commission perspective, it's something that we need to try to do. It does not mean that the supervisors won't chew on this again."

Final approval must come from the supervisors before the revised ordinance is implemented. The planners will also be required to hold another public hearing on the changes before they make a decision.