# Brewpub doesn't fit... Solution?



## Mac (Feb 6, 2013)

A successful small brewery wants to relocate and expand into a brewpub, serving food and their own onsite brewed beers. Local zoning doesn't allow the combination on the property they have selected, calling the brewing operation a "light industrial" use and the food service... well, food service. The two are incompatible in hte law.

Just about everywhere there are similar establishments, of all types & sizes. The growth & popularity of locally owned & operated nano- and micro breweries is a well known - and welcome - phenom. There are lots of examples.

I think we have a couple of ways to proceed here. One is obvious, amend the Zoning to allow this new use. But that takes time, a public hearing, etc. Another is a simple variance application, which is quicker but if NOT approved, affects the future use of that property because the decision stays with the property.

Anybody experience something similar?


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## cda (Feb 6, 2013)

Do you have something along the line of special use permit

A business does not meet certain requirements such as zoning, but there is a process where the ahj looks at it and maybe puts special conditions, but allows the business???

Not a variance


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## north star (Feb 6, 2013)

** * * **

Mac,

Your scenario sounds like the owners want to do a "spot zoning" for this

application.......Does the AHJ zoning allow "spot zoning", or does it have

a comprehensive land use plan in place, ...that something like this would

be discouraged, but not necessarily disallowed?.......Also, not a variance,

but a land use hearing would be in order.

*% % %*


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## Alias (Feb 6, 2013)

Mac,

If zoning matches the general plan, they might be able to get a Use Permit.  A  Use Permit can be issued for a specific period of time and renewed on a similar basis.

Sue


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## mtlogcabin (Feb 6, 2013)

A "variance" is not the way to go. We ammended our zoning a number of years ago to accomodate them by right in a couple of districts and a "conditional use permit" (CUP) in some others.

Definition

*Micro-Brewery, Brew Pub and Mini-Brewery*. A brewery where the total amount of beer sold or delivered directly to all retailers does not exceed 10,000 barrels a year and is licensed in accordance with state law.


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## Frank (Feb 6, 2013)

How is a brewpub any different than a Subway bakes bread in the shop?  In both cases there is food being prepared  but baking bread in a Subway does not make it an industrial bakery any more than the brewing of small quantities of beer in a pub makes it an industrial brewery.


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## fatboy (Feb 6, 2013)

There has to be a what we would call a "Use By Special Review" process, or something similar that they would be able to go through.

And I agree with Frank.


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## Mac (Feb 6, 2013)

Just back from talking to the operators. Prior to the brewery being established a year ago, a Special Use Permit was approved by the Planning Board for the current location. Another SUP will be needed for the new location, which shouldn't be a hardship.

The food will be 'finger food' and sandwiches, probably no commercial cooking equipment or exhuast hood. Why? you ask? New York State has just passed legislation that eases the rules and creates a new category of brewing - Farm Brewery. It is meant to encourage more small startup brewers, and make things a little easier for them, like they can prepare some foods onsite without bothering the Code Enforcment Officer.

Hey, even NYS gets things right occasionally! The brewery will probably be fine.


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## AegisFPE (Feb 6, 2013)

Frank said:
			
		

> How is a brewpub any different than a Subway bakes bread in the shop?


A primary difference I see is one establishment can make and sell their product in a limited space that is intended for retail traffic, versus the need for a more expansive building area necessary for the brewing process - which would be cost-prohibitive at the lease rate for retail space. However, the retail space includes sufficient parking and restrooms, while the warehouse space may not have sufficient parking, toilets, or streets to support the traffic associated with a restaurant or tourism.

As far as a zoning definition, I would think the occupant load of the dining/tasting area would be more of an issue, or the building was open to the public for tours or not would be more of a zoning issue than the production volume as industrial areas should anticipate manufacturing and shipping activities.


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## Min&Max (Feb 7, 2013)

What mtlogcabin said.


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## cda (Feb 7, 2013)

plus these things are under pressure and do go cattywampus, so you may not want to have alot of people in vessel area, or some type of seperation wall


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## Yankee (Aug 8, 2013)

cda said:
			
		

> plus these things are under pressure and do go cattywampus, so you may not want to have alot of people in vessel area, or some type of seperation wall


Code sections for that?


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## cda (Aug 8, 2013)

cattywampus??

Well some call the brewing an F or H occupancy and require seperation

And others just design as non separated provision

And they do go wrong

Explosion at McKinney brewery injures two | wfaa.com Dallas - Fort Worth


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## MtnArch (Aug 8, 2013)

I've seen a situation similar to this where the food service side was deemed to be an accessory to the brewing operation which allowed it under the existing zoning.  This was determined by the jurisdiction.


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## Mac (Aug 8, 2013)

MtnArch said:
			
		

> I've seen a situation similar to this where the food service side was deemed to be an accessory to the brewing operation which allowed it under the existing zoning.  This was determined by the jurisdiction.


The 'tasting room' has been open for a few months now. Things are pretty settled and they just completed an expansion of the brewery. I learned that the NY State Dept of Agriculture has jurisdiction, no local health dept. or liquor authority is involved.

We also have an exemption from the ventilation requirements for "cord connected countertop appliances" like panini makers, soup pots etc.


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## Yankee (Aug 8, 2013)

Yankee said:
			
		

> Code sections for that?


I have a micro brewery with tasting room, waiting for the MII's for the equipment. Is there a separation required based on pressure of equipment? I have not found such.


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## JPohling (Aug 8, 2013)

I think separation is based upon the alcohol content, so its the ones that start distilling that have some issues.


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## Yankee (Aug 9, 2013)

JPohling said:
			
		

> I think separation is based upon the alcohol content, so its the ones that start distilling that have some issues.


Yes I see the 16% alcohol issue, but find no general section for pressure vessels (if that is what they will be proposing). I'm thinking it would be in the IMC if anywhere (other than MII's)


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## cda (Aug 9, 2013)

Would you call the brewing a "F".  Which might kick in seperation


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## Yankee (Aug 9, 2013)

cda said:
			
		

> Would you call the brewing a "F".  Which might kick in seperation


Yes F2 but this building is ok for unseparated use under H&A table with the F2 being the most restrictive. Just the possibility of separation for the brewing area due to some reason having equipment that would require such.


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## Architect1281 (Aug 10, 2013)

It is a A-3 Restaurant Assembly that has a beverage recipie, they may need a permit to sell an alcoholic beverage but it IS NO DIFFERENT than selling a booze soaked flaming lamb chop.


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## Architect1281 (Aug 10, 2013)

the Industrial use would be to produce and sell off site


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## Yankee (Aug 10, 2013)

Architect1281 said:
			
		

> the Industrial use would be to produce and sell off site


If more space is allocated to the brewing v.s. the tasting, and they would be selling retail and probably wholesale also (small), you would not consider the F2 as a use? tasting room hold about a dozen, so it would be B in any case, like the rest of the building


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