Community Issues - Special Laws

Bill 95-21, Allowing Winery in BL

Sponsor: Kach
Benefits: Weber's Cider Mill Farm

This Bill allows, by right, a winery (for hard cider) in BL if:

• located in the Carney Hill-Cub Hill-Parkville area community plan area
• only hard cider produced on the premises (doesn't actually say the apples have to be grown there)
• the location has been in continual use as cider mill since 1947

This Bill further allows temporary promotional events, such as product tastings or public gatherings associated with the winery's hard cider "subject to special hearing approval by the ALJ". (This should make it a "Special Exception" use.) Such an allowance always causes trouble as different people have different interpretations of what this allows, especially what "associated with the winery's hard cider" means. It's been used by breweries to have wedding receptions and large bands with paid attendance.

Weber's Cider Farm website says that they have been making cider since 1947. It is a small island of BL surrounded by residential as shown here:

Note that the part zoned BL is only a part of the overall property owned by Weber (outlined in green) so there is limited area on which the winery activities and "events" can occur, such as parking. Once the late night, loud "events" start occurring, the neighbors are not going to be happy and a long legal battle it likely to ensue, as it has for a brewery in the north county.

This Bill is faulty since the allowance depends on a "plan area" which was created by Resolution 22-10, and could be modified by one. Incidentally, that Resolution said nothing about allowing wineries.

When Zoning was first introduced in 1955, mamy already existing business enclaves in residential areas were zoned business to recognize their special status. What was and still is missing is solid legislation that the uses can never to extended beyond what they were in 1955.

Introduced Oct 18, 2021; passed Nov 15; effective Nov 29