This chapter establishes the procedures for the granting of administrative temporary use permits for short-term activities and uses (not to exceed one year) on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas.
(Ord. 25-535, 8/19/2025)
A. 
Application Requirements. A temporary use permit application submittal shall include information identified in Section 17.180.020, Applications, of Chapter 17.180, Applications and Hearings.
B. 
Responsibility. It is the responsibility of the applicant to provide information on the proposed use that supports the considerations described in Section 17.202.040 of this chapter and findings listed in Section 17.202.060 of this chapter.
(Ord. 25-535, 8/19/2025)
In the review of a temporary use permit application, the Planning Officer shall consider the type and duration of the proposed temporary activity; input from other Town departments, the Napa County Fire Department, and the Napa County Sheriff Department; the requirements and development criteria of the applicable zoning district and use standards established in Title 17; and the following considerations:
A. 
Floor areas, heights, hours of operation, nuisance controls, off-street parking, setbacks, and other structure and property development features;
B. 
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code;
C. 
The use's compliance with the requirements of Chapter 17.152;
D. 
The applicable zoning standards pertaining to the outdoor storage, display, and sale of merchandise; and
E. 
Limitation on duration of proposed temporary structures to a maximum of one year to ensure that the structure does not become permanent or long term.
(Ord. 25-535, 8/19/2025)
In reviewing the temporary use permit, the Planning Officer may attach any conditions governing access, hours of operation, parking and circulation, fencing and other temporary structures, drainage, dust control, trash/litter control, public safety, and other items as necessary to ensure compatibility with surrounding uses and minimize potential adverse effects.
(Ord. 25-535, 8/19/2025)
The Planning Officer may approve the temporary use permit only after finding that:
A. 
The temporary activity complies with applicable standards identified in Section 17.202.100; and
B. 
Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed temporary activity.
(Ord. 25-535, 8/19/2025)
A. 
Notice of Action. Notice of action shall be provided pursuant to Section 17.180.040.
B. 
Appeals. A decision of the Planning Officer may be appealed to the Zoning and Design Review Board (ZDRB) as provided in Chapter 17.224.
C. 
Modifications. Requests for a change of use, a change to the conditions of approval of a temporary use permit, or a change to the operation that would affect a condition of approval, shall require the filing of a new application for a temporary use permit as set forth in this chapter.
(Ord. 25-535, 8/19/2025)
Procedures specific to temporary use permits include the following:
A. 
Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and shall thereafter be used in compliance with the provisions of this Zoning Code. A performance security (including a bond or financial deposit) in a form and amount acceptable to the Planning Officer may be required before initiation of the activity to ensure cleanup after the activity is finished.
B. 
Performance Security for Temporary Structures. Before issuance of temporary use permit, the applicant shall provide performance security in a form and amount acceptable to the Planning Officer to guarantee removal of all temporary structures within 30 days following the expiration of the temporary use permit.
C. 
Extensions of Temporary Use Permits Prohibited. The term of a temporary use permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section 17.202.100 of this chapter shall file for a use permit, rather than a temporary use permit, in compliance with Chapter 17.200 and all other applicable zoning standards.
D. 
Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a temporary use permit and the issuance of a new and similar temporary use permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.
(Ord. 25-535, 8/19/2025)
A temporary use permit allows the short-term activities listed in Section 17.202.100 of this chapter that may not comply with the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature. Temporary use permits are not subject to design review or standard parking requirements otherwise restricted by this Code.
(Ord. 25-535, 8/19/2025)
The following allowed temporary activities are exempt from the requirement for a temporary use permit. Activities that do not fall within the categories defined below must comply with Section 17.202.100 of this chapter.
A. 
On-Site Construction Yards. On-site contractors' storage yards of less than one acre, including a work trailer, only in conjunction with an approved construction project located on the same site. The contractor's storage yard must be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
B. 
Emergency Facilities. Emergency public health and safety needs/activities, as determined by the Town Council or the Town Manager.
C. 
Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as regulated and approved by the Town Manager pursuant to Chapter 8.36 of Title 8 of this Code.
D. 
Garage Sales or Similar Sales Activities. The sale of personal goods which are owned by the household or neighboring households located on residentially zoned property, for up to three consecutive days and three times within a 12-month period.
E. 
Public Property. Activities conducted on public properties that are approved by the Town.
F. 
Nonprofit Special Events. Special events (such as car washes, bake sales, rummage sales, or flea markets) conducted by or for a recognized nonprofit or charitable community group may be conducted on the grounds of a religious institution, commercial property, school, or other permanent place of public assembly up to three days during any six-month period, provided they meet the following standards or provisions:
1. 
Event activities do not block a building exit, present a hazard to pedestrians or vehicles, reduce the width of a pedestrian walkway to less than required ADA access dimensions, significantly reduce on-site parking, or occupy a fire lane.
2. 
If the merchandise or activity is proposed for location on any street, sidewalk, or public right-of-way, an encroachment permit must be secured from the Public Works Department in accordance with Chapter 12.04.
3. 
If any commercial vendors are involved in the event, they must secure a business license from the Finance Department in accordance with Title 5.
4. 
Nonprofit special events occurring more frequently than three days during any six-month period must acquire a use permit or temporary use permit.
(Ord. 25-535, 8/19/2025)
The following temporary activities may be allowed within the specified time limits, but in no case for more than 12 months (other than as noted in this section), subject to the issuance of a temporary use permit by the Planning Officer. Other temporary or short-term activities that do not fall within the categories defined below must instead comply with temporary use requirements and development standards that otherwise apply to the property.
A. 
Events. Arts and crafts exhibits, carnivals, concerts, fairs, festivals, food events, and outdoor entertainment/sporting events for up to 14 consecutive days, or six two-day weekends, within a 12-month period, when conducted on nonresidential properties. Decisions on large scale temporary uses such as concerts or festivals which are intended to draw large numbers of individuals (i.e., 400 or more people) to the temporary use in a single day may be elevated to the Zoning and Design Review Board or Town Council at the discretion of the Planning Officer.
B. 
Pop-Up Uses. Retail sales, markets, museums, outdoor movies for commercial profit, outdoor dining in conjunction with a restaurant, art galleries, restaurants or cafes for up to 12 months when conducted on nonresidential properties.
C. 
Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to 30 days and eight times within a 12-month period.
D. 
Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval without design review, to accommodate an existing approved primary or accessory use, or as the first phase of a development project. The type of use must be allowed within the underlying zoning district.
E. 
Temporary Off-Site Storage. Temporary off-site storage requires a temporary use permit and is limited to a period of one year, with an extension at the discretion of the Planning Officer.
F. 
Similar Temporary Activities. Similar temporary activities that the Planning Officer determines are compatible with the zoning district and surrounding land uses.
(Ord. 25-535, 8/19/2025)