CODE HOME RULE BILL NO A
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1 CODE HOME RULE BILL NO A Bill Entitled: AN ACT TO AMEND THE ZONING TEXT FOUND IN CHAPTER 360 OF THE CODE OF PUBLIC LOCAL LAWS OF ALLEGANY COUNTY, MARYLAND TO ESTABLISH REQUIREMENTS FOR FARM ALCOHOL PRODUCERS (2011 EDITION AS AMENDED) SECTION I. WHEREAS, Chapter 360 of the Code of Public Local Laws of Allegany County, Maryland, establishes zoning requirements for Allegany County; and WHEREAS, it is desired to amend the current Code of Public Local Laws of Allegany County, Maryland to provide for the establishment of Farm Alcohol Producers; and WHEREAS, the Board of County Commissioners of Allegany County, Maryland find that the amendment to the current code is necessary to foster the continued development of the farm alcohol industry within the County. NOW, THEREFORE, in accordance with the authority granted by the State of Maryland, it is hereby proposed that the following amendments be approved and enacted to Chapter 360 of the Code of Public Local Laws of Allegany County, Maryland (2011 Edition): Definitions and word usage. A. All definitions applicable to this Part 4 are contained in code Appendix I, Stormwater Management Definitions. B. Terms defined. As used in this Part 4, the following terms shall have the meanings indicated: (1) Zoning terms and definitions. EXTRACTIVE INDUSTRY Surface or subsurface mines for coal, clay, stone or other minerals; quarries; oil or gas drilling; sand and gravel pits; and borrow pits. Exploration for the above is permitted in all districts except the R-1 or R-2 Districts. FARM ALCOHOL PRODUCER A farm that grows and processes, stores and/or sells agricultural products for the production of wine, beer, spirits, or other similar
2 beverage on an on-site producing vineyard, orchard, hopyard, or similar growing area. Accessory uses may include farm alcohol tasting rooms, accessory food sales related to the farm alcohol tasting, sales of novelty and gift items related to the farm alcohol processing facility, sales of farm alcohol produced primarily on-site and promotional events and guided tours. FLOODPLAIN That area along or adjacent to a stream or body of water which has been or is expected to be inundated by the one-hundred-year frequency flood. Where applicable, this area will be determined by the latest Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA). FLOODPLAIN REGULATIONS Chapter 325, Floodplain Management, as adopted and amended Farm Alcohol Producers. ARTICLE XVI Supplementary Use Regulations Farm alcohol producers shall be permitted in the B-1, B-2, I, GU, A and C Districts and may be permitted as a special exception by the Board of Zoning Appeals in the R-2 District, subject to the following requirements, conditions, and limitations: A. The primary use of the property shall continue to be agricultural in nature and the production and sales of farm alcohol on-site shall not be used solely to warrant or justify the assignment of future land use designation or rezoning petitions. B. A farm alcohol producer must have a valid Maryland-issued alcohol manufacture license. C. All new associated structures shall be subject to a 50-foot vegetative buffer on the side and rear lot lines. D. Parking must be consistent with Off-street parking standards. E. Health Department approval for water supply and wastewater disposal systems is required. F. New structures established as a part of both the farm alcohol production and the accessory uses thereof, must meet the requirements of Chapter 255, Building Construction. G. A Farm Alcohol Producer must have frontage on and direct access to a publicly maintained road.
3 And it is further enacted that Table 1 Table of Permissible Uses shall be hereby amended to reflect the textual change as follows: Agricultural Operations Farm Alcohol Producer (See ) R-1 R-2 B-1 B-2 I GU A C x SC PC PC PC PC PC PC SECTION II. Sections comprising Article XVII through Article XXII of Chapter 360 of the Code of Public Local Laws of Allegany County, Maryland shall be renumbered to reflect the addition of the provisions of this Code Home Rule Bill. SECTION III. All other provisions of the Code of Public Local Laws of Allegany County, Maryland (2011 Edition, as amended), ordinances, regulations, and orders, or parts thereof, inconsistent with the terms and provisions of this Bill are hereby repealed. SECTION IV. AND BE IT FURTHER ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF ALLEGANY COUNTY, MARYLAND, that this Act shall be effective forty-five (45) days after its passage.
4 PASSED this day of January, BOARD OF COUNTY COMMISSIONERS OF ALLEGANY COUNTY, MARYLAND Jacob C. Shade, President Creade V. Brodie, Jr. Commissioner David J. Caporale, Commissioner ATTEST: Brandon S. Butler, County Administrator
5 DocuSign Envelope ID: 59BC1CCB B3-A362-EB C BOARD OF COUNTY COMMISSIONERS Jacob C. Shade, President Creade V. Brodie, Jr William R. Valentine ALLEGANY COUNTY PLANNING COMMISSION 701 Kelly Road Cumberland, MD Wesley W. McKee, Esq. Legal Counsel Angela R. Patterson, PE Director of Planning and Growth COMMISSION MEMBERS November 14, 2018 Steve K. MacGray Chair William M. Chesno Breann L. D Atri Jon N. Loff Brian K. Miller Recommendation - Proposed Farm Alcohol Producer Regulations On Wednesday, November 14, 2018 at 5:00 pm, The Planning Commission of Allegany County met in the Allegany Room, Allegany County Office Building, 701 Kelly Road, Cumberland, Maryland As part of the agenda, a public hearing was held for proposed Farm Alcohol Producer regulations to be added to Chapter 360, Part 4 Zoning of the Allegany County Code. Attached is the October 24, 2018 Memorandum to the Planning Commission which documents the details of the proposed regulations. No members of the public attended the hearing, which was advertised in the Cumberland Time- News on October 28, 2018 and posted on the County s website beginning October 25, No comments were received before or during the hearing. At the conclusion of the public hearing, the Planning Commission voted to recommend the proposed Farm Alcohol Producer regulations to the Board of County Commissioners for their consideration. Signed on behalf of the Planning Commission of Allegany County 11/15/2018 Steve K. MacGray, Chair Date
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Commissioner Shade opened the Public Hearing and asked for any public comment.
August 23, 2018 The regular meeting of the County Commissioners of Allegany County was held in the Commissioners Meeting Room, Allegany Room 100, 701 Kelly Road, Cumberland, at 5:00 p.m. on the above date.
March 22, The Pledge of Allegiance was recited. MOTION There were no additions or deletions to the Agenda.
March 22, 2018 The regular meeting of the County Commissioners of Allegany County was held in the Commissioners Meeting Room, Allegany Room 100, 701 Kelly Road, Cumberland, at 5:00 p.m. on the above date.
September 27, The Pledge of Allegiance was led by Heather Wolford. MOTION There were no additions or deletions to the Agenda.
September 27, 2018 The regular meeting of the County Commissioners of Allegany County was held in the Commissioners Meeting Room, Allegany Room 100, 701 Kelly Road, Cumberland, at 5:00 p.m. on the above
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