16 - AP AGRICULTURAL PRESERVE DISTRICT
The AP district classification is intended to be applied in the fertile valley and foothill areas of Napa County in which agriculture is and should continue to be the predominant land use, where uses incompatible to agriculture should be precluded and where the development of urban-type uses would be detrimental to the continuance of agriculture and the maintenance of open space which are economic and aesthetic attributes and assets of the county.
(Ord. 511 § 1 (part), 1976: prior code § 12200)
The following uses shall be allowed in all AP districts without use permits:
A.
Agriculture;
B.
One single-family dwelling unit per legal lot;
C.
Residential care facilities (small);
D.
Family day care homes (small);
E.
Family day care homes (large), subject to Section 18.104.070;
F.
Accessory dwelling units, and one junior accessory dwelling unit, providing that all of the conditions set forth in Section 18.104.180 are met;
G.
Wineries and related accessory uses and structures which legally existed prior to July 31, 1974 without the requirement that a use permit be issued, and which have not been abandoned; provided, that the extent of such uses and structures have been determined in accordance with the procedure set forth in Section 18.132.050. No expansion beyond those which existed prior to July 31, 1974, may occur unless specifically authorized by use permit, issued in conformance with the applicable provisions of this title;
H.
Small wineries which were issued a certificate of exemption prior to the date of adoption of the ordinance codified in this section, and used the certificate in the manner set forth in Section 18.124.080 before the effective date of the ordinance codified in this section in conformance with the applicable certificate of exemption, Section 18.08.600 of this code, and any resolution adopted pursuant thereto;
I.
Wineries and related accessory uses which have been authorized by use permit and used in a manner set forth in Section 18.124.080 or any predecessor section; provided, that no expansion of uses or structures beyond those which were authorized by a use permit or modification of a use permit issued prior to the effective date of the ordinance codified in this section shall be permitted except as may be authorized by a subsequent use permit issued pursuant to this title;
J.
Minor antennas meeting the requirements of Sections 18.119.240 through 18.119.260;
K.
Telecommunication facilities, other than satellite earth stations, that meet the performance standards specified in Section 18.119.200, provided that prior to issuance of any building permit, or the commencement of the use if no building permit is required, the director or their designee has issued a site plan approval pursuant to Chapter 18.140;
L.
Farmworker housing (i) providing accommodations for six or fewer employees, or (ii) consisting of no more than thirty-six beds in group quarters or twelve units designed for use by a single household, and otherwise consistent with Health and Safety Code Sections 17021.5 and 17021.6, or successor provisions, subject to the conditions set forth in Sections 18.104.300 and 18.104.310, as applicable; and
M.
Supportive housing and transitional housing. Supportive housing and transitional housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the AP zone.
(Ord. No. 1323, § 5, 6-23-2009; Ord. 1097 § 12, 1996; Ord. 947 § 10, 1990: Ord. 816 § 6, 1986; Ord. 815 § 4, 1986; Ord. 629 § 2, 1980: Ord. 511 § 1 (part), 1976: prior code § 12201)
(Ord. No. 1495, § 18, 9-24-2024)
The following uses may be permitted in all AP districts, but only upon grant of a use permit pursuant to Section 18.124.010:
A.
Farmworker housing and seasonal farmworker centers conforming to Section 18.104.300 or 18.104.310, unless exempt from a use permit requirement under subsection (M) of Section 18.16.020;
B.
Facilities, other than wineries, for the processing of agricultural products grown or raised on the same parcels or contiguous parcels under the same ownership;
C.
Kennels and veterinary facilities
D.
Feed lots;
E.
Noncommercial wind energy and conversion systems;
F.
Wineries, as defined in Section 18.08.640;
G.
The following uses in connection with a winery:
1.
Crushing of grapes outside or within a structure,
2.
On-site aboveground disposal of wastewater generated by the winery,
3.
Aging, processing and storage of wine in bulk,
4.
Bottling and storage of bottled wine and shipping and receiving of bulk and bottled wine, provided the wine bottled or received does not exceed the permitted production capacity,
5.
Any or all of the following uses provided that, in the aggregate, such uses are clearly incidental, related and subordinate to the primary operation of the winery as a production facility:
a.
Office and laboratory uses,
b.
Marketing of wine as defined in Section 18.08.370,
c.
Retail sale of (1) wine fermented or refermented and bottled at the winery, irrespective of the county of origin of the grapes from which the wine was made, providing nothing herein shall excuse the application of subsections (B) and (C) of Section 18.104.250 regulating the source of grapes; and (2) wine produced by or for the winery from grapes grown in Napa County;
H.
The following uses, when accessory to a winery:
1.
Tours and tastings, as defined in Section 18.08.620,
2.
Display, but not sale, of art,
3.
Display, but not sale, of items of historical, ecological or viticultural significance to the wine industry,
4.
Sale of wine-related products,
5.
Child day care centers limited to caring for children of employees of the winery;
I.
Telecommunication facilities, other than satellite earth stations, that do not meet one or more of the performance standards specified in Section 18.119.200;
J.
Satellite earth stations that cannot, for demonstrated technical reasons acceptable to the director, be located in an Industrial (I), Industrial Park (IP), or General Industrial (GI) zoning district;
K.
Facilities, other than wineries, for the processing of agricultural products where the products are grown or raised within the county, provided that the facility is located on a parcel of ten or more acres, does not exceed five thousand gross square feet, and is not industrial in character. Only those agricultural products raised or processed on-site may be sold at the facility;
L.
Farm management uses not meeting one or more of the standards contained in subsections (F)(2), (F)(3), and (F)(4) of Section 18.08.040; and
M.
Residential care facilities (medium and large).
(Ord. No. 1420, § 2, 5-9-2017; Ord. No. 1340, § 3, 5-11-2010; Ord. No. 1323, § 6, 6-23-2009; Ord. 1285 § 2, 2006: Ord. 1275 § 1, 2006: Ord. 1246 § 6, 2004: Ord. 1097 § 13, 1996; Ord. 1040 § 5, 1993; Ord. 947 § 11, 1990: Ord. 757 § 1, 1983; Ord. 511 § 1 (part), 1976: prior code § 12202)
(Ord. No. 1495, § 19, 9-24-2024)
The regulations shown for AP zoning districts in the Schedule of Zoning District Regulations, Section 18.104.010, shall apply to each structure and to each use of land within the agriculture preserve district.
(Ord. 511 § 1 (part), 1976: prior code § 12203)
16 - AP AGRICULTURAL PRESERVE DISTRICT
The AP district classification is intended to be applied in the fertile valley and foothill areas of Napa County in which agriculture is and should continue to be the predominant land use, where uses incompatible to agriculture should be precluded and where the development of urban-type uses would be detrimental to the continuance of agriculture and the maintenance of open space which are economic and aesthetic attributes and assets of the county.
(Ord. 511 § 1 (part), 1976: prior code § 12200)
The following uses shall be allowed in all AP districts without use permits:
A.
Agriculture;
B.
One single-family dwelling unit per legal lot;
C.
Residential care facilities (small);
D.
Family day care homes (small);
E.
Family day care homes (large), subject to Section 18.104.070;
F.
Accessory dwelling units, and one junior accessory dwelling unit, providing that all of the conditions set forth in Section 18.104.180 are met;
G.
Wineries and related accessory uses and structures which legally existed prior to July 31, 1974 without the requirement that a use permit be issued, and which have not been abandoned; provided, that the extent of such uses and structures have been determined in accordance with the procedure set forth in Section 18.132.050. No expansion beyond those which existed prior to July 31, 1974, may occur unless specifically authorized by use permit, issued in conformance with the applicable provisions of this title;
H.
Small wineries which were issued a certificate of exemption prior to the date of adoption of the ordinance codified in this section, and used the certificate in the manner set forth in Section 18.124.080 before the effective date of the ordinance codified in this section in conformance with the applicable certificate of exemption, Section 18.08.600 of this code, and any resolution adopted pursuant thereto;
I.
Wineries and related accessory uses which have been authorized by use permit and used in a manner set forth in Section 18.124.080 or any predecessor section; provided, that no expansion of uses or structures beyond those which were authorized by a use permit or modification of a use permit issued prior to the effective date of the ordinance codified in this section shall be permitted except as may be authorized by a subsequent use permit issued pursuant to this title;
J.
Minor antennas meeting the requirements of Sections 18.119.240 through 18.119.260;
K.
Telecommunication facilities, other than satellite earth stations, that meet the performance standards specified in Section 18.119.200, provided that prior to issuance of any building permit, or the commencement of the use if no building permit is required, the director or their designee has issued a site plan approval pursuant to Chapter 18.140;
L.
Farmworker housing (i) providing accommodations for six or fewer employees, or (ii) consisting of no more than thirty-six beds in group quarters or twelve units designed for use by a single household, and otherwise consistent with Health and Safety Code Sections 17021.5 and 17021.6, or successor provisions, subject to the conditions set forth in Sections 18.104.300 and 18.104.310, as applicable; and
M.
Supportive housing and transitional housing. Supportive housing and transitional housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the AP zone.
(Ord. No. 1323, § 5, 6-23-2009; Ord. 1097 § 12, 1996; Ord. 947 § 10, 1990: Ord. 816 § 6, 1986; Ord. 815 § 4, 1986; Ord. 629 § 2, 1980: Ord. 511 § 1 (part), 1976: prior code § 12201)
(Ord. No. 1495, § 18, 9-24-2024)
The following uses may be permitted in all AP districts, but only upon grant of a use permit pursuant to Section 18.124.010:
A.
Farmworker housing and seasonal farmworker centers conforming to Section 18.104.300 or 18.104.310, unless exempt from a use permit requirement under subsection (M) of Section 18.16.020;
B.
Facilities, other than wineries, for the processing of agricultural products grown or raised on the same parcels or contiguous parcels under the same ownership;
C.
Kennels and veterinary facilities
D.
Feed lots;
E.
Noncommercial wind energy and conversion systems;
F.
Wineries, as defined in Section 18.08.640;
G.
The following uses in connection with a winery:
1.
Crushing of grapes outside or within a structure,
2.
On-site aboveground disposal of wastewater generated by the winery,
3.
Aging, processing and storage of wine in bulk,
4.
Bottling and storage of bottled wine and shipping and receiving of bulk and bottled wine, provided the wine bottled or received does not exceed the permitted production capacity,
5.
Any or all of the following uses provided that, in the aggregate, such uses are clearly incidental, related and subordinate to the primary operation of the winery as a production facility:
a.
Office and laboratory uses,
b.
Marketing of wine as defined in Section 18.08.370,
c.
Retail sale of (1) wine fermented or refermented and bottled at the winery, irrespective of the county of origin of the grapes from which the wine was made, providing nothing herein shall excuse the application of subsections (B) and (C) of Section 18.104.250 regulating the source of grapes; and (2) wine produced by or for the winery from grapes grown in Napa County;
H.
The following uses, when accessory to a winery:
1.
Tours and tastings, as defined in Section 18.08.620,
2.
Display, but not sale, of art,
3.
Display, but not sale, of items of historical, ecological or viticultural significance to the wine industry,
4.
Sale of wine-related products,
5.
Child day care centers limited to caring for children of employees of the winery;
I.
Telecommunication facilities, other than satellite earth stations, that do not meet one or more of the performance standards specified in Section 18.119.200;
J.
Satellite earth stations that cannot, for demonstrated technical reasons acceptable to the director, be located in an Industrial (I), Industrial Park (IP), or General Industrial (GI) zoning district;
K.
Facilities, other than wineries, for the processing of agricultural products where the products are grown or raised within the county, provided that the facility is located on a parcel of ten or more acres, does not exceed five thousand gross square feet, and is not industrial in character. Only those agricultural products raised or processed on-site may be sold at the facility;
L.
Farm management uses not meeting one or more of the standards contained in subsections (F)(2), (F)(3), and (F)(4) of Section 18.08.040; and
M.
Residential care facilities (medium and large).
(Ord. No. 1420, § 2, 5-9-2017; Ord. No. 1340, § 3, 5-11-2010; Ord. No. 1323, § 6, 6-23-2009; Ord. 1285 § 2, 2006: Ord. 1275 § 1, 2006: Ord. 1246 § 6, 2004: Ord. 1097 § 13, 1996; Ord. 1040 § 5, 1993; Ord. 947 § 11, 1990: Ord. 757 § 1, 1983; Ord. 511 § 1 (part), 1976: prior code § 12202)
(Ord. No. 1495, § 19, 9-24-2024)
The regulations shown for AP zoning districts in the Schedule of Zoning District Regulations, Section 18.104.010, shall apply to each structure and to each use of land within the agriculture preserve district.
(Ord. 511 § 1 (part), 1976: prior code § 12203)