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Zoning for


Quirk

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Zoning issues are highly dependent on your specific state and municipality. The first thing to do is to find out if your municipal code mentions distilling at all; if it does so, then determine if your planned location is a permitted location. It's possible your local code is entirely silent on this issue, in which case, you should go talk to your AHJ* about a "beverage production facility" or some other more explanatory term that doesn't have to be explained over and over. Once you've got that part sorted out, you may have to go through getting a zoning adjustment. This can be a very time-consuming process, as bureaucrats often aren't interested in speed and efficiency.

Get the zoning process started right away, because it may take months or even a year. It's also a good idea to get it underway before signing a lease; or include a contingency clause in your lease, in case the zoning board blocks your plans.

As to the specifics of your co-location, as long as you separate the spaces with fire walls, you'll probably get approved. Also check 27 CFR 19.55.

*Authority Having Jurisdiction (there may be more than one)

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Do you actually mean zoning, or do you mean applicable fire protection code requirements? I don't know what you mean by a class 3 flammable for zoning, under NFPA you are a class 1B with ethanol unless they will accept another lesser classification based on a guarantee of a specific dilution in your process. For most distillers, you are stuck with class 1B for anything over 15% alcohol. I know that ethanol is class 3 in the marine code, IMDG, but that shouldn't be relevant to your case?

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Yes I think I'm talking about different things in the same topic, sorry. The class 3 flammable liquids requirement came from a commercial distiller in Ohio that I was talking to about GNS, and told me that we would need to be rated for class 3 flammable liquids if we were to accept shipments of their organic bulk GNS. We have decided not to go that route anyway.

The co-location question was related to the general legalities and hassles involved with having a production facility, retail store, and office in the same building. I know that is a question for my local zoning board, but I'm glad I asked here because I had no idea it could take as long as Jedd said. So thanks for that, I'm going to get working on that next week.

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  • 6 months later...

Local zoning issues are tricky. Remember that most Zoning Boards are amateurs who are interpreting law, often without training and so Zoning Boards often respond to irrelevant and/or fear based concerns of citizens, which can drag out the process.

Your zoning manual will describe the parameters for co-occupation of buildings.

If you can qualify as a "farm operation" in Indiana you may do an end run around some Zoning regulations. Farms are permitted in most states to operate a store and have an office attached. At the Federal level the only occupation issue is the prohibition against having a residence attached or inside your distillery premises.

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