Planning Commission OKs text amendment to allow farm breweries in Rural Preservation District

The St. Mary's County Planning Commission voted to approve a staff-drafted resolution recommending amendments to the county zoning and subdivision codes to create a new use type for “farm brewery” and to allow it as a permitted use in the Rural Preservation District.

The change would add a new use type 12C — Farm Brewery — to Schedule 50.4 (use classifications), add standards for the new use to Chapter 21 (specific regulations), establish parking at 1 space per 1,000 square feet in Schedule 64.3.0.1, and add a definition in Chapter 90 of the county code. The commission approved the resolution as presented by staff and authorized the chair to sign and transmit the recommendation to the Board of County Commissioners.

Staff described the record from an earlier public hearing on Sept. 10, 2012: two members of the public testified in support, and one (Joseph Wood) raised concerns about the proposed annual capacity limit of 15,000 barrels. Yvonne Chelet, who presented the staff report, told the commission the proposed text also clarifies how promotional and special events are handled and limits the maximum footprint for incidental retail, sampling and promotional activities consistent with existing Schedule 32.1 footprint limits for commercial uses in the RPD.

Deputy County Attorney David Weiskopf told the commission that state law controlling the class 8 farm brewery license constrains what local jurisdictions may regulate. "Notwithstanding any local law, a licensee may exercise the privileges of a class 8 farm brewery license," he said, meaning local government may set zoning standards (setbacks, buffers, floor-area ratio and parking) but generally cannot regulate matters the state has reserved to the alcohol licensing statute (for example, hours of operation or production limits set by the state license).

Staff summarized the local controls that would remain: site-plan approval, adequate parking, compliance of promotional events with the ordinance's special-event use types (indoor/outdoor), and allowance for incidental retail and sampling. The commission debated whether local zoning limits (setbacks, floor-area ratio) would effectively limit production capacity on a small parcel but concluded zoning controls and the state license operate in different spheres: the state sets production caps; zoning controls the physical footprint and placement of buildings.

The commission voted in favor of the resolution with no recorded dissents. The resolution will be forwarded to the county commissioners for final action.

The action preserves local zoning control over site layout and impacts while recognizing the state's exclusive authority over the alcohol-license privileges attached to class 8 farm brewery licenses.

The commission's vote followed a staff recommendation and no additional written opposition submitted during the record-open period other than the concerns documented from Joseph Wood.