Earlier editions: 2026-09
Milpitas Municipal Code Ch. B.18 Other Zones and Standards
Milpitas Municipal Code · 2026-10 edition · updated 2026-10-04 · Milpitas
Cite as: Milpitas Municipal Code Chapter B.18 · Text as of 2026-10-04
B.18.010 - Purpose¶
A. Agricultural (A) Zone. The Agricultural (A) Zone is intended to preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve land for eventual development into other uses, pending proper timing for the economical provision of utilities, major streets, and other facilities to allow compact, orderly development.
B. Institutional (I) Zone. The Institutional (I) Zone is intended to encourage the orderly development of public service and educational uses in the community and to ensure their presence as a vital part of the neighborhood balance.
C. Park and Public Open Space (POS) Zone. The Park and Public Open Space (POS) Zone is intended to provide for public open space and recreational uses in order to preserve environmentally sensitive areas and accommodate community service or recreational facilities.
(Ord. No. 38.858, § 4, 9/2/25)
B.18.020 - Other Zones Use Regulations¶
A. Table B.18.020-A (Other Zones Use Regulations) sets the land use regulations for other zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).
B. Land uses not listed in the table and not substantially like the uses below are prohibited unless the Planning Commission approves a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits) and finds that use will not have adverse impacts or be more detrimental to the public welfare than any other use explicitly, with or without a Conditional Use Permit, in the same zone.
C. All uses shall be conducted entirely within enclosed structures, unless specifically noted or otherwise approved by the Director or Review Authority.
Table B.18.020-A: Other Zones Use Regulations
"P" = Permitted Use / "MC" = Minor Conditional Use Permit approved by Zoning Administrator required / "MCS" = Minor Conditional Use Permit approved by Director required / "C" = Conditional Use Permit required / "-" = Not Allowed
| Uses | A | I | POS | Additional Regulations |
|---|---|---|---|---|
| Agricultural Uses | Agricultural Uses | Agricultural Uses | Agricultural Uses | Agricultural Uses |
| Agricultural Supply Sales | C | - | - | n/a |
| Animal Husbandry | P | - | - | Section C.10.060 (Animal Husbandry) |
| Commercial Agricultural Processing Plant | C | - | - | n/a |
| Cultivated Agriculture | P | - | - | n/a |
| Guest Ranch | P | - | - | n/a |
| Riding Academy and Public Stables | P | - | - | n/a |
| Commercial Uses | Commercial Uses | Commercial Uses | Commercial Uses | Commercial Uses |
| Animal Care and Services | Animal Care and Services | Animal Care and Services | Animal Care and Services | Animal Care and Services |
| Kennel | C | - | - | Milpitas Municipal Code Section V-210-11 (Permits for Animal Facilities and Animal Adoption Organizations) |
| Veterinary Hospital or Services | - | C | - | |
| Eating and Drinking Establishment | Eating and Drinking Establishment | Eating and Drinking Establishment | Eating and Drinking Establishment | Eating and Drinking Establishment |
| Mobile Food Vending (Individual Vehicle) | P | P | P | Section C.10.170 (Mobile Food Vending) |
| Restaurant, Limited Service | - | MCS 1 | - | |
| Home Occupation | P | P | - | Section C.10.130 (Home Occupations) |
| Hospital | - | C | - | n/a |
| Offices | Offices | Offices | Offices | Offices |
| Medical Office/ |
- | C | - | n/a |
| Vehicle-Related Uses | Vehicle-Related Uses | Vehicle-Related Uses | Vehicle-Related Uses | Vehicle-Related Uses |
| Fleet-Based Service | - | P | - | n/a |
| Mobile Fueling | P/- | P/- | - | Milpitas Municipal Code Chapter V-300 (Fire Code) |
| Industrial Uses | Industrial Uses | Industrial Uses | Industrial Uses | Industrial Uses |
| Mining and Quarrying | C | - | - | n/a |
| Recycling Facility | Recycling Facility | Recycling Facility | Recycling Facility | Recycling Facility |
| Collection Facility | - | C | - | n/a |
| Public, Institutional, and Recreational Uses | ||||
| Cemetery | C | C | - | n/a |
| Child Care | Child Care | Child Care | Child Care | Child Care |
| Child Care Center | MC | MC | MC | Section C.10.140 (Large Family Child Care and Child Care Centers) |
| Large Family Child Care Home | P | - | - | |
| Small Family Child Care Home | P | - | - | n/a |
| Civic/ |
- | P | - | n/a |
| Community Assembly | Community Assembly | Community Assembly | Community Assembly | Community Assembly |
| Major | - | C | C | n/a |
| Minor | - | MCS | MCS | n/a |
| Community Garden | P | P | P | n/a |
| Correctional Facility | - | C | - | n/a |
| Educational Institutions | Educational Institutions | Educational Institutions | Educational Institutions | Educational Institutions |
| College/ |
- | P | - | n/a |
| School, Private | - | P | - | n/a |
| School, Public | - | P | - | n/a |
| Trade and Vocational School | - | C | - | n/a |
| Farmers' Market | - | MCS | MCS | Section C.10.120 (Farmers' Markets) |
| Funeral Parlor and Mortuary | - | C | - | n/a |
| Library/Museum | - | P | - | n/a |
| Park/ |
P | P | P | n/a |
| Public Safety | - | P | - | n/a |
| Public Utility | - | C | C | n/a |
| Resilience Hub | - | P | - | See Subsection C.10.230.D.6 regarding Temporary Resilience Hubs. |
| Transportation Passenger Terminal/ |
- | C | - | n/a |
| Wireless Telecommunications Facility | See Section C.10.240 (Wireless Telecommunications Facilities). | See Section C.10.240 (Wireless Telecommunications Facilities). | See Section C.10.240 (Wireless Telecommunications Facilities). | See Section C.10.240 (Wireless Telecommunications Facilities). |
| Residential Uses | Residential Uses | Residential Uses | Residential Uses | Residential Uses |
| Accessory Dwelling Unit and Junior Accessory Dwelling Unit | P | - | - | Section C.10.030 (Accessory Dwelling Units and Junior Accessory Dwelling Units) |
| Elderly and Long-Term Care | - | C | - | n/a |
| Employee/ |
P | - | - | n/a |
| Group Living Accommodation | - | MCS | - | n/a |
| Residential Care Facility | P 2 | - | - | n/a |
| Single-Family Dwelling | P 2 | - | - | Section C.10.210 (Single-Family Dwelling) |
| Supportive Housing | P 2 | - | - | California Government Code § 65582 |
| Transitional Housing | P 2 | - | - | California Government Code § 65582 |
| Unclassified Uses | Unclassified Uses | Unclassified Uses | Unclassified Uses | Unclassified Uses |
| Accessory Use | P | P | P | n/a |
| Parking Lot 3 | - | MCS | - | n/a |
| Parking Structure 3 | - | MCS | - | n/a |
| Temporary Use | See Section C.10.230 (Temporary Uses and Structures) |
Table Notes:
1 Limited to an accessory use that serves the primary use on the same site.
2 When accessory to primary agricultural use.
3 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).
(Ord. No. 38.858, § 4, 9/2/25)
B.18.030 - Other Zones Development Standards¶
Table B.18.030-A (Other Zones Development Standards) establishes the development standards for other zones.
Table B.18.030-A: Other Zones Development Standards
ft = feet / ac = acres / du = dwelling unit / FAR = floor area ratio / n/a = not applicable
| Standard | A | I | POS |
|---|---|---|---|
| Lot Area, min (ac) | 5 | n/a | n/a |
| Lot Width, min (ft) | 300 | n/a | n/a |
| Density (du/ |
0.4 | n/a | n/a |
| Setbacks (ft) | Setbacks (ft) | Setbacks (ft) | Setbacks (ft) |
| Front | 50 | n/a | The most restrictive setback required for the abutting zone; in no case less than 20 |
| Interior side | 50 | n/a | The most restrictive setback required for the abutting zone; in no case less than 10 |
| Street side | 50 | n/a | The most restrictive setback required for the abutting zone; in no case less than 20 |
| Rear | 50 | n/a | The most restrictive setback required for the abutting zone; in no case less than 10 |
| FAR, max. | n/a | n/a | n/a |
| Primary Building Height, max. | 30 ft; 2.5 stories | n/a | 30 ft; 2.5 stories |
| Accessory Building Height, max. | 30 ft; 2.5 stories | n/a | 30 ft; 2.5 stories |
| Usable Open Space | n/a | n/a | n/a |
Table Notes:
1 When determining the density of non-traditional housing configurations such as group living accommodations and single-room occupancy residences, three bedrooms may be counted as the equivalent of one unit.
(Ord. No. 38.858, § 4, 9/2/25)
B.18.040 - Other Zones Supplemental Standards—Reserved.¶
Get a plain-English answer with a citation back to this text.
Ask AI about this code