Sir_niveda
Well-Known Member
Hey guys,
So I know the dream of opening your own brewery is one that most people who have gone down the rabbit hole of brewing has at least once thought about. However, as I'm still young (first quarter century) at this point I'm not yet worried about where I'm gonna get the money for any such venture as its not a tangible thing yet (gotta win some awards first!). However, my sister owns her own property that has an out building roughly 50 feet from the main house. It has a cold storage room, water, and electricity and she is allowing me to have full reign over (for the price of beer of course) the building for beer brewing purposes. Keep in mind the idea of actually establishing a brewery was their idea, so I'm just trying to figure out whether its viable (legally), so that I know if this is something I should pursue or at least keep in mind.
So I've been researching (using parcel number and zoning code) the viability of actually operating a brewery on the property and here is the legal-speak that I was able to find.
--------------------
ARTICLE III. - ESTATE RESIDENTIAL (RE-10) DISTRICTS
Sec. 130.70.070. - Purpose.
The purpose of this article is to provide for the orderly development of land having sufficient space and natural conditions compatible to residential and accessory agricultural and horticultural pursuits and to provide for the protection from encroachment of unrelated uses tending to have adverse effects on the development of the areas so designated.
(Prior Code, § 9720(a); Code 1997, § 17.70.070)
Sec. 130.70.080. - Applicability.
The regulations set forth in this article shall apply in all RE-10 estate residential zoning districts and shall be subject to the provisions of Chapters 130.14, 130.16 and 130.18.
(Prior Code, § 9720(b); Code 1997, § 17.70.080)
Sec. 130.70.090. - Uses permitted by right.
The following uses are allowed by right, without special use permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool, pumphouse, boathouse;
2.
The renting of one room within the dwelling;
3.
One guest house, not for rent or lease, and not to exceed 400 square feet of floor space as an accessory use to an existing dwelling. No guest house shall contain kitchen facilities;
B.
Barns, agricultural structures, etc.;
C.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author, broker, dressmaker, draftsman, dentist, engineer, handicrafts, insurance, photographer, physician, therapist, musician, teacher and other similar occupations conducted on the premises or by mail or telephone where the activities do not create a traffic problem; provided that instruction is not given to groups in excess of four and concerts or recitals are not held, and no display of goods is visible from the outside of the property, such use must be carried on in the residence and be incidental to the residential use of the premises and be carried on by a resident thereon;
D.
One unlighted sign not exceeding six square feet of message area and eight feet above ground level advertising authorized activities on the premises;
E.
Raising and grazing of domestic farm animals and the cultivation of tree and field crops and the sale of such goods when produced on the premises and when in conformity with Chapters 130.14, 130.16 and 130.18;
F.
Packing and processing of agricultural products produced on the premises without changing the nature of the products;
G.
Excavation of earth exclusively for agricultural or residential purposes on the premises where the excavation will not create significant erosion and/or pollution;
H.
The drilling of wells exclusively for agricultural or residential purposes on the premises;
I.
Local distribution lines for public utilities;
J.
Real estate sales office within an approved recorded subdivision for the exclusive sale of property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements, except however, that surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the subdivisions;
5.
Within 30 days of sellout, the real estate sales office shall be removed from the site if it is a trailer or mobile home and if it is in a garage, the office shall be converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment ordinances;
7.
A site plan shall be submitted with the building permit and shall note all proposed structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of $1,000.00 to insure the removal of materials, personal property and structures, or the conversion of the office back to a garage, if applicable. The bond will not be released until a site inspection determines that the removal and/or conversion has occurred.
(Prior Code, § 9720(c); Code 1997, § 17.70.090; Ord. No. 3364, § 40, 1983; Ord. No. 3366, § 56, 1983; Ord. No. 3606, § 65, 1986; Ord. No. 4214, § 14, 1992)
Sec. 130.70.100. - Uses requiring special use permit.
The following uses are allowed only after obtaining a special use permit therefor from the Planning Commission:
A.
The packing and processing of agricultural or wood products and the necessary buildings and structures required therefor where the nature of the product is changed;
B.
The mining or drilling of minerals or petroleum;
C.
The construction of schools, churches, cemeteries, parks, golf courses, public utility structures;
D.
Reserved;
E.
Other sign sizes and applicable general provisions as itemized in Chapters 130.14, 130.16 and 130.18;
F.
Airports, heliports, landing strips and their accessory uses and structures where they do not constitute a nuisance to adjacent properties;
G.
Home occupations not listed in Section 130.70.090.C which require special consideration such as the use of power tools, accessory building, noise, and will not change the residential character of the premises or adversely affect the other uses permitted in a residential area;
H.
Reserved;
I.
Kennel, as defined in Section 6.04.020;
J.
Community care facilities, as defined in Section 130.06.050.
(Prior Code, § 9720(d); Code 1997, § 17.70.100; Ord. No. 3364, § 41, 1983; Ord. No. 3366, § 57, 1983; Ord. No. 3419, § 10, 1984; Ord. No. 3439, § 8, 1984; Ord. No. 3606, § 66, 1986; Ord. No. 4002, § 3, 1989)
Sec. 130.70.110. - Development standards.
The following building provisions shall apply in the RE-10 districts unless and until a variance is obtained from the Planning Commission or Zoning Administrator:
A.
Minimum lot area of ten acres;
B.
No maximum building coverage;
C.
Minimum lot width of 150 feet;
D.
Minimum yard setbacks: front and rear, 30 feet; sides, 30 feet, except the side yard shall be increased one foot for each additional foot of building height in excess of 25 feet;
E.
Minimum agriculture structural setbacks of 50 feet on all yards;
F.
Maximum building heights, 45 feet;
G.
Minimum dwelling unit area, 600 square feet of living area is required. Minimum dwelling unit area provisions are not applicable to additions to existing dwellings;
H.
Location of the parcel in relation to surrounding land use, the success and stability of agricultural enterprises can be profoundly influenced by the zoning and use of immediately adjacent lands. A buffer area of 50 feet will be required on the inside of a boundary where land zoned estate residential ten acres abuts planned agricultural zone lands which are currently not in horticultural and timber production. Variances to the above will be considered upon recommendation of the Agricultural Commission. The development of a dwelling or noncompatible use shall be 100 feet from any existing horticultural or timber enterprise. Noncompatible uses are defined as, but not limited to:
1.
Residential structures;
2.
Nursing homes;
3.
Public and private schools;
4.
Playgrounds;
5.
Swimming pools;
6.
Fish ponds.
(Prior Code, § 9720(e); Code 1997, § 17.70.110; Ord. No. 3366, §§ 58, 59, 1983; Ord. No. 3606, § 67, 1986)
-----------------
So to me it seems (at least for the first round of legal hoops to jump) to check out. It says we can process and package agricultural products where it's "nature has changed". Also, as it states, as long as we don't "change the residential charm" or "adversely affect other permitted uses" it may be allowable. It's just down the road from a vineyard, so this type of activity exists in the area. The building needs quite a bit of a remodel, but we'd have to raise the roof pretty darn high for neighbors to see it. One big bummer is the possible exclusion of a tap room as a possibility ("where the activities do not create a traffic problem; provided that instruction is not given to groups in excess of four and concerts or recitals are not held, and no display of goods is visible from the outside of the property" see article C near the top). Maybe tours?
So, as such, if any body wants to read that scroll of jargon and let me know if there is anything I missed, or any other type of information I should be seeking, that would be very much appreciated.
Also I'd just like to state that I've been researching the financial viability of such operations independently of my legal research and I understand what the struggles of a Nano might be. I'm not interested in going into that aspect as it has been pretty thoroughly explored. I'm just asking from a purely hypothetically legal standpoint.
Thanks all!
So I know the dream of opening your own brewery is one that most people who have gone down the rabbit hole of brewing has at least once thought about. However, as I'm still young (first quarter century) at this point I'm not yet worried about where I'm gonna get the money for any such venture as its not a tangible thing yet (gotta win some awards first!). However, my sister owns her own property that has an out building roughly 50 feet from the main house. It has a cold storage room, water, and electricity and she is allowing me to have full reign over (for the price of beer of course) the building for beer brewing purposes. Keep in mind the idea of actually establishing a brewery was their idea, so I'm just trying to figure out whether its viable (legally), so that I know if this is something I should pursue or at least keep in mind.
So I've been researching (using parcel number and zoning code) the viability of actually operating a brewery on the property and here is the legal-speak that I was able to find.
--------------------
ARTICLE III. - ESTATE RESIDENTIAL (RE-10) DISTRICTS
Sec. 130.70.070. - Purpose.
The purpose of this article is to provide for the orderly development of land having sufficient space and natural conditions compatible to residential and accessory agricultural and horticultural pursuits and to provide for the protection from encroachment of unrelated uses tending to have adverse effects on the development of the areas so designated.
(Prior Code, § 9720(a); Code 1997, § 17.70.070)
Sec. 130.70.080. - Applicability.
The regulations set forth in this article shall apply in all RE-10 estate residential zoning districts and shall be subject to the provisions of Chapters 130.14, 130.16 and 130.18.
(Prior Code, § 9720(b); Code 1997, § 17.70.080)
Sec. 130.70.090. - Uses permitted by right.
The following uses are allowed by right, without special use permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool, pumphouse, boathouse;
2.
The renting of one room within the dwelling;
3.
One guest house, not for rent or lease, and not to exceed 400 square feet of floor space as an accessory use to an existing dwelling. No guest house shall contain kitchen facilities;
B.
Barns, agricultural structures, etc.;
C.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author, broker, dressmaker, draftsman, dentist, engineer, handicrafts, insurance, photographer, physician, therapist, musician, teacher and other similar occupations conducted on the premises or by mail or telephone where the activities do not create a traffic problem; provided that instruction is not given to groups in excess of four and concerts or recitals are not held, and no display of goods is visible from the outside of the property, such use must be carried on in the residence and be incidental to the residential use of the premises and be carried on by a resident thereon;
D.
One unlighted sign not exceeding six square feet of message area and eight feet above ground level advertising authorized activities on the premises;
E.
Raising and grazing of domestic farm animals and the cultivation of tree and field crops and the sale of such goods when produced on the premises and when in conformity with Chapters 130.14, 130.16 and 130.18;
F.
Packing and processing of agricultural products produced on the premises without changing the nature of the products;
G.
Excavation of earth exclusively for agricultural or residential purposes on the premises where the excavation will not create significant erosion and/or pollution;
H.
The drilling of wells exclusively for agricultural or residential purposes on the premises;
I.
Local distribution lines for public utilities;
J.
Real estate sales office within an approved recorded subdivision for the exclusive sale of property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements, except however, that surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the subdivisions;
5.
Within 30 days of sellout, the real estate sales office shall be removed from the site if it is a trailer or mobile home and if it is in a garage, the office shall be converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment ordinances;
7.
A site plan shall be submitted with the building permit and shall note all proposed structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of $1,000.00 to insure the removal of materials, personal property and structures, or the conversion of the office back to a garage, if applicable. The bond will not be released until a site inspection determines that the removal and/or conversion has occurred.
(Prior Code, § 9720(c); Code 1997, § 17.70.090; Ord. No. 3364, § 40, 1983; Ord. No. 3366, § 56, 1983; Ord. No. 3606, § 65, 1986; Ord. No. 4214, § 14, 1992)
Sec. 130.70.100. - Uses requiring special use permit.
The following uses are allowed only after obtaining a special use permit therefor from the Planning Commission:
A.
The packing and processing of agricultural or wood products and the necessary buildings and structures required therefor where the nature of the product is changed;
B.
The mining or drilling of minerals or petroleum;
C.
The construction of schools, churches, cemeteries, parks, golf courses, public utility structures;
D.
Reserved;
E.
Other sign sizes and applicable general provisions as itemized in Chapters 130.14, 130.16 and 130.18;
F.
Airports, heliports, landing strips and their accessory uses and structures where they do not constitute a nuisance to adjacent properties;
G.
Home occupations not listed in Section 130.70.090.C which require special consideration such as the use of power tools, accessory building, noise, and will not change the residential character of the premises or adversely affect the other uses permitted in a residential area;
H.
Reserved;
I.
Kennel, as defined in Section 6.04.020;
J.
Community care facilities, as defined in Section 130.06.050.
(Prior Code, § 9720(d); Code 1997, § 17.70.100; Ord. No. 3364, § 41, 1983; Ord. No. 3366, § 57, 1983; Ord. No. 3419, § 10, 1984; Ord. No. 3439, § 8, 1984; Ord. No. 3606, § 66, 1986; Ord. No. 4002, § 3, 1989)
Sec. 130.70.110. - Development standards.
The following building provisions shall apply in the RE-10 districts unless and until a variance is obtained from the Planning Commission or Zoning Administrator:
A.
Minimum lot area of ten acres;
B.
No maximum building coverage;
C.
Minimum lot width of 150 feet;
D.
Minimum yard setbacks: front and rear, 30 feet; sides, 30 feet, except the side yard shall be increased one foot for each additional foot of building height in excess of 25 feet;
E.
Minimum agriculture structural setbacks of 50 feet on all yards;
F.
Maximum building heights, 45 feet;
G.
Minimum dwelling unit area, 600 square feet of living area is required. Minimum dwelling unit area provisions are not applicable to additions to existing dwellings;
H.
Location of the parcel in relation to surrounding land use, the success and stability of agricultural enterprises can be profoundly influenced by the zoning and use of immediately adjacent lands. A buffer area of 50 feet will be required on the inside of a boundary where land zoned estate residential ten acres abuts planned agricultural zone lands which are currently not in horticultural and timber production. Variances to the above will be considered upon recommendation of the Agricultural Commission. The development of a dwelling or noncompatible use shall be 100 feet from any existing horticultural or timber enterprise. Noncompatible uses are defined as, but not limited to:
1.
Residential structures;
2.
Nursing homes;
3.
Public and private schools;
4.
Playgrounds;
5.
Swimming pools;
6.
Fish ponds.
(Prior Code, § 9720(e); Code 1997, § 17.70.110; Ord. No. 3366, §§ 58, 59, 1983; Ord. No. 3606, § 67, 1986)
-----------------
So to me it seems (at least for the first round of legal hoops to jump) to check out. It says we can process and package agricultural products where it's "nature has changed". Also, as it states, as long as we don't "change the residential charm" or "adversely affect other permitted uses" it may be allowable. It's just down the road from a vineyard, so this type of activity exists in the area. The building needs quite a bit of a remodel, but we'd have to raise the roof pretty darn high for neighbors to see it. One big bummer is the possible exclusion of a tap room as a possibility ("where the activities do not create a traffic problem; provided that instruction is not given to groups in excess of four and concerts or recitals are not held, and no display of goods is visible from the outside of the property" see article C near the top). Maybe tours?
So, as such, if any body wants to read that scroll of jargon and let me know if there is anything I missed, or any other type of information I should be seeking, that would be very much appreciated.
Also I'd just like to state that I've been researching the financial viability of such operations independently of my legal research and I understand what the struggles of a Nano might be. I'm not interested in going into that aspect as it has been pretty thoroughly explored. I'm just asking from a purely hypothetically legal standpoint.
Thanks all!
