The Planning Commission is proposing to allow a craft distillery (Sec. 8-3025(b) use 93) as a permitted use in the B-B and B-C Zoning Districts, subject to conditions (File No. 17-006721-ZA).

Use 93 – Craft distillery, was created on June 11, 2015 in conjunction with a zoning text amendment. A craft distillery is a facility that produces by distillation not more than 40,000 gallons of spirits per year for consumption off site and the sale and distribution of which are regulated by federal, state and local laws. 

When Use 93 was created in 2015, there was no reason given why the proposed use was not included as a permitted use in the B-B and B-C Zoning Districts. However, because a craft distillery is not more intensive than many of the uses permitted in the B-B and B-C Zoning Districts, including cocktail lounges and taverns, there is no reason a craft distillery should not be a permitted use in the B-B and B-C Zoning Districts in addition to the other commercial districts that permit a craft distillery.

A zoning map amendment (File No. 17-006172-ZA) was filed for three properties located at 234 Martin Luther King, Jr. Blvd. to rezone the properties from their current B-C (Community Business) classification to a B-C-1 (Central Business) classification. The owner of the properties, Old Town Trolley Tours/Historic Tours of America, Inc., is desirous of developing multiple uses on the site including (Sec. 8-3025(b)) a Craft distillery (use 93), a restaurant which serves alcoholic beverages (use 48), a museum (use 19), specialty shops (use 36a), and a package shop (use 48c). With the exception of the craft distillery, all of the proposed uses are permitted in the current B-C zoning district.

On November 21, 2017, the Planning Commission voted to recommend approval of the text amendment to allow a craft distillery as a permitted use in the B-B and B-C zoning districts, subject to conditions. Though not consistent with the original request, the property owner and rezoning petitioner supports the Planning Commission’s recommendation. If the text amendment is approved, they will still be able to develop the property as proposed without rezoning.

(93) Craft distillery: Provided that within the BC-1, B-B, B-C, and B-G zoning districts, the following conditions shall apply:

(a)   No offensive odors shall be emitted beyond the walls of the building occupied by such a use.

(b)   Except for the residence of the owner or a caretaker’s quarters, the use shall not be established within 150 feet of a conforming residential dwelling unit.

Approval