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Mill Valley City Zoning Code

CHAPTER 20

64 USE PERMITS

(Note: Chapter 20.64, Use Permits and Variances, derived from Ord. 788; Ord. 826; Ord. 829; Ord. 848; Ord. 880; Ord. 896; Ord. 932; Ord. 999; Ord. 1041; Ord. 1182; Ord. 1261; and Ord. 1362, was repealed and replaced by Ord. 1368, 4/20/2026.)

§ 20.64.010 Purpose and applicability-Use permits.

The City recognizes that certain uses, due to the nature of use, intensity, or size, require additional review to determine if the use proposed, or the location of that use, is compatible with applicable zoning regulations, land uses and surrounding properties, or can be made compatible through the imposition of development and use conditions. Approval of a use permit is therefore required to authorize certain land uses specified as being allowable in a zone district subject to the approval of a conditional use permit or administrative use permit.
(Ord. 1368, 4/20/2026)

§ 20.64.020 Use permits-Application and fee.

Use Permit Applications Subject to Discretionary Review.
A. 
Application(s) for a use permit shall be filed with the Planning Department and shall be accompanied by the required fee and all supporting application materials consistent with the Chapter and required by the Planning Department, as approved on form(s) prescribed by the Planning Commission or Director of Planning and Building.
B. 
Use permit fees shall be established by resolution adopted by the City Council and updated from time to time.
C. 
The level of use permit required for a specific use in a specific zone district shall be established within the use regulations for each zone district.
D. 
Administrative use permits (AUPs) shall be processed through the Director of Planning and Building for approval, as prescribed in Section 20.64.025 below.
E. 
Conditional use permits (CUPs) shall be processed through the Planning Commission, as prescribed in Section 20.64.030 below.
(Ord. 1368, 4/20/2026)

§ 20.64.025 Administrative use permits subject to planning director review and approval.

A. 
The Director of Planning and Building shall review and process an AUP application in accordance with the application requirements set forth in Section 20.64.020.
B. 
The Director of Planning and Building shall have the discretion to elevate an AUP for review and process by the Planning Commission based on unique circumstances such as an unusual potential impact to the neighborhood or to the greater community. In this case, the AUP proposal will be noticed as described in Section 20.64.025(C)(2) below at least 10 days prior to consideration by the Planning Commission.
C. 
Except as described in Section 20.64.025(B), upon deeming an AUP application complete, The Director of Planning and Building shall take action on the application to grant or deny the AUP and may impose conditions of approval, as applicable.
1. 
The Director shall issue a written determination to the applicant that shall state the findings for the decision as well as any conditions of approval. The effective date of the decision shall be 10 calendar days after the date of the written determination.
2. 
The Planning Department shall provide notice of the Director's decision approving an AUP to all property owners within 300 feet of the subject property at least 10 days prior to the effective date of the decision. In addition, a notice poster reflecting the Director's decision approving an AUP shall be displayed on the property in a location visible from the public right of way, at least 10 calendar days prior to the effective date of the decision. The notice shall state that the AUP action will be final unless written request for an appeal is received by the Planning Department before the effective date of the decision.
D. 
An AUP is an administrative action subject to appeal in accordance with Section 20.100.040.
(Ord. 1368, 4/20/2026)

§ 20.64.030 Conditional use permits-Subject to Planning Commission public hearing.

A. 
The Planning Department shall review a CUP application in accordance with the application requirements set forth in Section 20.64.020.
B. 
Upon deeming a CUP application complete, the Planning Department shall schedule a public hearing at the Planning Commission.
C. 
Notice of the public hearing shall be given as specified in Section 20.60.200.
D. 
A CUP is subject to appeal in accordance with Section 20.100.070.
(Ord. 1368, 4/20/2026)

§ 20.64.040 Required findings for conditional use permits and administrative use permits.

It is the responsibility of the applicant to provide written documentation and evidence in support of the findings required under this Section. In order to grant a use permit, the review authority shall find that each and every finding under subsections A, B, C, D, E and F shall apply to the proposed use.
A. 
The proposed use and the conditions under which it will operate is consistent with the General Plan.
B. 
The proposed use is consistent with all applicable provisions of this Title and the Municipal Code.
C. 
The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity.
D. 
The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities and the absence of physical constraints.
E. 
Granting the permit would not be detrimental to the public health, safety, convenience or welfare or materially injurious to uses, properties or improvements in the vicinity and zoning district in which the property is located.
F. 
The proposed conditions of approval will ensure compatibility with surrounding uses.
(Ord. 1368, 4/20/2026)

§ 20.64.050 Conditions of approval for conditional use permits and administrative use permits.

In approving a conditional use permit or administrative use permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and with the findings required by Section 20.64.040. Such requirements and conditions may address, but not be limited to, location, construction, maintenance, operation, site planning, traffic control, and time limits for the permit. The review authority may require tangible guarantees or evidence that such conditions are being, or will be, complied with.
(Ord. 1368, 4/20/2026)

§ 20.64.060 Building permit issuance.

No building permit shall be issued where a use permit is required until such use permit has been granted, and then only in accordance with the terms and conditions of the use permit so granted. No building permit shall be issued until the 10-day appeal period as provided in this title has elapsed. If an appeal is filed, in writing, then no building permit may be issued before the matter has been settled.
(Ord. 1368, 4/20/2026)

§ 20.64.070 Temporary use permit.

A. 
Purpose. Allow short term land uses with appropriate regulations so that such activities will be compatible with surrounding areas.
B. 
Applicability. A temporary use may be approved in any zone district unless specifically disallowed in this section or elsewhere in this code.
C. 
Use Permit Required. A temporary use permit (TUP) shall be required for the following temporary uses on private property:
1. 
Events on non-residential zoned properties that are not designed to regularly accommodate such events.
2. 
Location filming for up to six months.
3. 
Seasonal sales lots for up to 60 days. A "seasonal sales lot" is a temporary, outdoor, commercial business activity that operates for a limited, specific period of time each year on an otherwise vacant lot or parking lot, typically to sell goods associated with a holiday, season, or event. Other than temporary storage uses associated with an active building permit, temporary uses are prohibited on vacant properties in residential zone districts.
4. 
Pop-up shop for a commercial use that would require an AUP or CUP if the use was permanent per Table 20.40-1. A "pop-up shop" is a retail, restaurant, or personal service business designed to exist temporarily in a particular location.
5. 
Trailers/mobilehomes providing temporary offices for: seasonal businesses; temporary office while permanent is in construction; real estate office on site of proposed subdivision until Notice of Completion filed; businesses where a permanent structure is not suitable.
6. 
Any other use that requires a use permit under this code and the use is proposed to last for less than six months.
7. 
Other temporary uses which, in the opinion of the Director, are similar to and compatible with the zoning district and surrounding land uses may be approved.
D. 
Use Permit Not Required. A TUP shall not be required for the following temporary uses:
1. 
Construction yards and temporary work trailers associated with an approved building permit;
2. 
Emergency facilities;
3. 
Events on sites approved for public assembly uses;
4. 
Fund-raising car washes up to two days per month;
5. 
Residential garage sales; and
6. 
Events on public property that have received a Special Event Permit from the Mill Valley Police Department.
E. 
Standards.
1. 
Time Period. The maximum time period for temporary uses will depend upon the particular circumstances involved, but in no case shall a temporary use exceed six months.
2. 
Use and Development Standards. Use and development standards in Mill Valley Municipal Code Title 20 that apply to the category of use or the zoning district of the subject site shall apply to temporary use unless other standards are specified in this section or in the conditions of approval for the TUP.
3. 
Use of Existing Parking Spaces. Temporary use shall not displace parking spaces required by Chapter 20.61, unless at least one of the following is true:
a. 
An approved street closure prevents access to required parking during the period that the closure is in effect;
b. 
An applicant provides site-specific evidence to demonstrate that average peak parking used on the site in the same season of the year proposed for the temporary use can be accommodated with the remaining on-site parking;
c. 
Alternate parking or shuttle arrangements are approved to meet parking space requirements in conjunction with issuance of a temporary permit; or
d. 
By order of the County Health Officer, outdoor operations are encouraged and the limited number of parking spaces remaining as a result of outdoor operations is appropriate.
4. 
Temporary Parking and Traffic Control. Site ingress and egress shall not create a traffic or pedestrian safety hazard. As needed, appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the Planning Department, Public Works Department and the Police Department.
5. 
Outdoor merchandise associated with a temporary use must meet outdoor merchandise display requirements per Section 20.65.070.
6. 
Bathrooms/Medical Facilities. Bathrooms and medical facilities shall be provided as needed to the satisfaction of the County Health Department.
7. 
Signs. Any proposed signage for the temporary use shall comply with Mill Valley Municipal Code Chapter 20.74, except that a separate sign permit shall not be required.
8. 
Noise. The business shall operate within all applicable requirements of the City's noise ordinance (Mill Valley Municipal Code Chapter 7.16).
9. 
Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal of garbage, litter or debris from the site. After the temporary use has ceased, all visible signs of the temporary use and temporary structures shall be removed, and the site shall be free of trash. Any damage to the site or existing structures caused by the temporary use shall be repaired.
10. 
All materials and structures associated with the temporary use shall be removed within 10 days from the actual termination of operations, or after the expiration of the TUP, whichever first occurs.
11. 
Compliance With Other Laws. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.
F. 
Application. An application for a TUP shall follow the AUP process set out in Section 20.64.025. A TUP shall be subject to approval by the Director of Planning and Building.
G. 
Findings. In addition to the findings required by Section 20.64.040, the following additional finding shall be made: no changes to the site would limit the range of possible future land uses otherwise allowed by this code.
H. 
Conditions of Approval. In approving a TUP, the Director of Planning and Building may impose conditions deemed reasonable and necessary to ensure that temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this section.
I. 
Post-Approval Procedures. TUP decisions by the Director of Planning and Building shall be appealable to the Planning Commission in the manner detailed in Chapter 20.100. A TUP may be extended an additional 30 days with approval from the Director of Planning and Building. A new TUP application may be submitted for the same use on the same site.
(Ord. 1368, 4/20/2026)

§ 20.64.080 Change of use.

A. 
Change of Use—Existing Use Permit. A CUP or AUP approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.
In addition to securing a business license, any new applicant seeking to operate a previously approved use in substantial compliance with an existing conditional use permit or administrative use permit shall submit a project description (narrative, floor plan and site plan as appropriate) to the Director of Planning and Building ensuring that the new operation would be in compliance with the previous use and that the new applicant agrees to operate in full compliance with the previously issued conditions of approval. A fee may be imposed for the review of the project description and conditions of approval in compliance with the City's fee resolution.
B. 
Change of Use—Amended Use Permit. If there is an existing use permit and a new use is the same type of use as the previously approved use but is not in substantial compliance with the conditions of an existing CUP or AUP, the applicant shall apply for a use permit amendment per Section 20.64.020, in compliance with the City's fee resolution.
C. 
Change of Use—New Use Permit. If there is an existing use permit and a new use is not the same type of use as the previously approved use, the applicant shall apply for a new use permit per Section 20.64.020.
D. 
Change of Use—Nonconforming Use. If a previous business was a nonconforming use, meaning a use not allowed in the zone district, a new business with the same use may be established in the same location if there is no expansion of square footage of the business and if the previous use has been discontinued for less than one year, per Section 20.60.140.
(Ord. 1368, 4/20/2026)

§ 20.64.090 Construction after notice of violation.

If the applicant for a use permit has been notified by the City in writing that construction/alteration of the structure has commenced in violation of and/or in conflict with the terms and conditions of the permit, approval or this title, and construction continues after such notice, enforcement shall proceed per Section 20.68.060.
(Ord. 1368, 4/20/2026)

§ 20.64.100 Revocation.

Any use permit may be revoked if any of the conditions or terms of such use permit are violated or for other good cause. In such case the Director of Planning and Building shall hold a hearing on a proposed revocation for an AUP, after giving written notice to the permittee at least 10 days prior to the hearing. The Planning Commission shall hold a hearing for a proposed revocation for a CUP.
(Ord. 1368, 4/20/2026)

§ 20.64.110 Expiration.

Any use permit becomes null and void if not exercised within two years following the date it is granted unless otherwise specified in conditions of approval. When a use permit has not been exercised within two years (or other deadline specified in conditions of approval) and good cause for such delay has been shown, the Director of Planning and Building may grant an extension of not more than one year within which such use permit may be exercised. A use permit shall be deemed to have been exercised if:
A. 
The use has commenced; or
B. 
A building permit has been issued and construction has been commenced and has been or is being diligently pursued toward completion.
(Ord. 1368, 4/20/2026)