Milpitas Municipal Code Ch. B.6 Commercial Zones and Standards

A. Administrative and Professional Office (CO) Zone. The Administrative and Professional Office (CO) Zone is intended to provide areas for medical, business, and professional offices, and medical and dental clinics.

B. Neighborhood Commercial (C1) Zone. The Neighborhood Commercial (C1 Zone) is intended to provide for general commercial needs of neighborhood areas, primarily providing for day-to-day shopping needs, and to promote stable, attractive commercial development that complements the essential residential character of the neighborhood.

C. General Commercial (C2) Zone. The General Commercial (C2 Zone) is intended to provide for general commercial needs of the community and includes areas with major commercial shopping centers and a wide range of commercial uses. The C2 Zone is also intended to promote stable, attractive commercial development, and while being primarily oriented to customers traveling via automobile, is intended to be accessible and designed to attract customers using all modes of transportation (e.g. pedestrians, bicyclists, transit users, etc.).

D. Highway Services (HS) Zone. The Highway Services (HS Zone) is intended to provide for retail, commercial, service, transient residential uses, and other uses proximate to highways and major thoroughfares and primarily depended on highway travel.

(Ord. No. 38.858, § 4, 9/2/25)

A. Table B.6.020-A (Commercial Zones Use Regulations) sets the land use regulations for commercial 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.6.020-A: Commercial 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

Table Notes:

1 When intended to serve the occupants and patrons of the primary use and conducted from within the building. Entrance to the use must be provided internally or within the building, and no exterior display of advertising is allowed.

2 When located on the ground floor, retail sales of products related to the personal services provided must be offered at the front of the premises near the pedestrian entrance and must comprise at least 10% of the floor area of the business establishment.

3 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted.

4 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)

Table B.6.030-A (Commercial Zones Development Standards) establishes the development standards for commercial zones.

Table B.6.030-A: Commercial Zones Development Standards

ft = feet / sf = square feet / du = dwelling unit / FAR = floor area ratio / n/a = not applicable

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.

2 Height must comply with standards for both height in feet and number of stories.

3 For property within 500 ft of the R1 or R2 zones, maximum height shall be limited to 30 ft and 2.5 stories.

4 The Planning Commission may allow building height up to 75 ft or 6 stories with Site Development Permit approval consistent with Subsection D.4.020 (Site Development Permits) provided that the fourth floor and above are stepped-back from the ground-floor street-facing building façade by a minimum of 8 ft. In deciding whether to grant additional building height, the Planning Commission shall consider site conditions, design elements, and other factors including but not limited to: width of abutting right-of-way; proximity of the site to R1, R2, and R3 zones; building setbacks in relation to proposed building height above 35 ft; and upper story step-backs.

(Ord. No. 38.858, § 4, 9/2/25)

Reserved.

(Ord. No. 38.858, § 4, 9/2/25)