PLN-BOA-19-0045: Horseshoe Bend Vineyard, Conditional Use Permit in A-R Zone
A property owner in the Agricultural-Rural zone on Paris Pike requested from the Board of Adjustment a conditional use permit to operate a small bistro (20 seats) and hold bi-monthly special events in conjunction with a small farm winery. The small farm winery itself is permitted by-right as a principal use in the A-R zone and the aforementioned uses, can be granted as conditional uses if they are determined to be “clearly subordinate and incidental to” the principal use of the small farm winery.
Protecting our rural assets is critical to our economy, identity and quality of life. The primary intent of the A-R zone is to encourage production agriculture and protect the rural character of our Bluegrass. Conditional uses in this zone are permitted by our ordinance if they are “clearly incidental and subordinate to” the principal use, and in this case, the winery. What is not clear in the ordinance, however, is how related the uses (small farm winery, restaurant and event space) must be to the land itself so as to be consistent with the original intent of the A-R zone—to promote and protect our rural character. While Fayette Alliance supports agri-business and agri-tourism, if we don’t require a relationship between the uses and the land, we risk opening up these protected assets to unintended commercial uses, threatening the irreplaceable rural land we have worked so hard protect, and with it, the benefits it bestows on our vibrant community.
Fayette Alliance provided a position statement which warned against approval based upon these risks. Both the Paris Pike Corridor Commission (which also has jurisdiction over this property) and the Board of Adjustment disapproved the conditional use permit application.