Office and commercial zones of the Town are the O, C-1, C-2, and CH zones.

(Ord. No. 1316, § 4.50.010, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1405, 9-5-78)

The O or office zone allows all types of office activities and encourages buildings which are compatible with residential development. The O zone serves as a buffer between commercial and residential development with a minimum of traffic generation, particularly at night.

(Ord. No. 1316, § 4.52.010, 6-7-76; Ord. No. 1363, 8-1-77)

Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:

(1)

Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales.

(2)

Retail sales by a pharmacy within a medical building.

(3)

Group classes.

(4)

Personal service businesses.

(Ord. No. 1316, § 4.52.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XIV, 8-1-23)

In addition to the activities authorized by section 29.60.085, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.52.030, 6-7-76; Ord. No. 1363, 8-1-77)

The minimum lot area in an O or office zone is eight thousand (8,000) square feet.

(Ord. No. 1316, § 4.52.050, 6-7-76; Ord. No. 1337, 11-1-76)

Minimum front, side and rear yards in an O or office zone shall be as follows:

(1)

Front .....25 feet

(2)

Side .....10 feet

(3)

Rear .....20 feet

(4)

Side abutting street .....15 feet

(5)

A six-foot high masonry wall is required along any property line abutting a residentially-zoned lot. .....

(Ord. No. 1316, § 4.52.060, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

The maximum height of any principal building in an O or office zone is thirty-five (35) feet, and of any accessory building is fifteen (15) feet.

(Ord. No. 1316, § 4.52.070, 6-7-76; Ord. No. 1337, 11-1-76)

Maximum building coverage of a lot in an O or office zone, including any type of accessory building, is forty (40) percent.

(Ord. No. 1316, § 4.52.080, 6-7-76; Ord. No. 1337, 11-1-76)

(a)

The floor area ratio for all new buildings or expansion of the gross floor area of an existing building located in a parking assessment district shall not exceed sixty-hundredths.

(b)

In the event a building or buildings which exceed a FAR of sixty-hundredths within the office zone are destroyed involuntarily, reconstruction to the amount of the prior floor area shall be allowed, subject to all other provisions of this chapter.

(Ord. No. 1316, § 4.52.090, 6-7-76; Ord. No. 1724, 5-18-87)

The C-1 or neighborhood commercial zone is intended for areas of the Town which are easily accessible and useful for retail, service and administrative activities which are oriented to the day-to-day needs of the residents of the Town.

(Ord. No. 1316, § 4.54.010, 6-7-76; Ord. No. 1363, 8-1-77)

(a)

Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Personal service businesses and service businesses necessary for the conduct of households.

(3)

Office activities.

(4)

Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.

(5)

Activities permitted in the LM zone which were approved on or before February 1, 1993, provided any change of use must be a conforming use in the C-1 zone.

(6)

Group classes.

(7)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.

(Ord. No. 1316, § 4.54.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1930, § I, 2-1-93; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XV, 8-1-23)

In addition to the activities authorized by section 29.60.210, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.54.030, 6-7-76; Ord. No. 1363, 8-1-77)

There is no minimum lot area requirement in a C-1 or neighborhood commercial zone.

(Ord. No. 1316, § 4.54.050, 6-7-76)

Minimum front, side and rear yards in a C-1 or neighborhood commercial zone shall be as follows:

(5)

The following minimum yard requirements apply along those property lines of a lot in the C-1 zone which abut or are across the street from a lot in a residential zone:

a.

Front .....25 feet

b.

Side abutting street .....15 feet

c.

Side or rear .....20 feet

Plus one (1) foot for each foot of building height over twenty (20) feet. A six-foot high masonry wall is required along the property line.

(Ord. No. 1316, § 4.54.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

The maximum height of any building in a C-1 or neighborhood commercial zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.54.080, 6-7-76; Ord. No. 1337, 11-1-76)

Maximum building coverage of a lot in a C-1 or neighborhood commercial zone, including any type of accessory building, is fifty (50) percent of the lot area.

(Ord. No. 1316, § 4.54.090, 6-7-76; Ord. No. 1337, 11-1-76)

(a)

The floor area ratio for all new buildings or expansion of the gross floor area of an existing building located on a parking assessment district shall not exceed sixty-hundredths.

(b)

In the event a building or buildings which exceed a FAR of sixty-hundredths within the C-1 zone are destroyed involuntarily, reconstruction to the amount of the prior floor area shall be allowed, subject to all other provisions of this chapter.

(Ord. No. 1316, § 4.54.100, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1724, 5-18-87)

The C-2 or central business district commercial zone is intended to encourage the continuance of a viable and predominantly pedestrian-oriented central business district for the Town and therefore the zone allows a wide variety of retail, service, entertainment and administrative activities which are necessary to serve a large trading area.

(Ord. No. 1316, § 4.56.010, 6-7-76; Ord. No. 1363, 8-1-77)

(a)

Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Reserved.

(3)

Reserved.

(4)

Office activities subject to subsection (c) below.

(5)

Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.

(6)

Wholesaling without warehousing on the premises.

(7)

Single-family and two-family uses, in conjunction with the other uses permitted in this section.

(8)

Personal service businesses.

(9)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.

(c)

Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:

(1)

Lyndon Avenue;

(2)

Properties abutting Wood Road;

(3)

The west side of Victory Lane:

(4)

The south side of Los-Gatos-Saratoga Road excluding:

a.

That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.

b.

The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and

(5)

The east side of South Santa Cruz Avenue directly across the street from Wood Road.

(6)

The north and south side of West Main Street west of Victory Lane.

(7)

Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.

(d)

Notwithstanding subsection (c), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance.

(1)

Office activities existing on June 17, 1991; or

(2)

Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.

(Ord. No. 1316, § 4.56.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1546, 8-16-82; Ord. No. 1729, 6-15-87; Ord. No. 1859, § II, 6-17-91; Ord. No. 1899, § I, 5-4-92; Ord. No. 1975, § I, 5-2-94; Ord. No. 2016, § IV, 5-20-96; Ord. No. 2035, § I, 10-20-97; Ord. No. 2132, §§ IV—VI, 5-17-04; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2210, § I, 11-19-12; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XVI, 8-1-23)

In addition to the activities authorized by section 29.60.320, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.56.030, 6-7-76; Ord. No. 1363, 8-1-77)

There is no minimum lot area requirement in a C-2 or central business district commercial zone.

(Ord. No. 1316, § 4.56.050, 6-7-76)

Minimum front, side and rear yards in a C-2 or central business district commercial zone shall be as follows:

(Ord. No. 1316, § 4.56.060, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77; Ord. No. 1767, § I, 11-21-88)

(a)

Improvements may be permitted in any required front yard and any required side yard abutting a street in a C-2 or central business district commercial zone if the deciding body makes all of the following findings:

(1)

Pedestrian safety will not be impaired;

(2)

The streetscape would be enhanced as a result of the proposed improvements;

(3)

The improvements are in character with the adjacent buildings; and

(4)

The improvements will not obstruct the clear sight vision of vehicular traffic.

(b)

The provisions of section 29.10.055, which states that any required yard abutting a street must be landscaped, and section 29.50.035, which prohibits fencing in any required yard abutting a street, shall not apply in the C-2 zone.

(Ord. No. 1316, § 4.56.065; Ord. No. 1767, § II, 11-21-88)

The maximum height of any building in a C-2 or central business district commercial zone is forty-five (45) feet.

(Ord. No. 1316, § 4.56.070, 6-7-76; Ord. No. 1337, 11-1-76)

(a)

The floor area ratio for all new buildings in a C-2 or central business district commercial zone, or expansion of gross floor area of an existing building, shall not exceed sixty-hundredths.

(b)

In the event a building or buildings which exceed a FAR of sixty-hundredths within the C-2 zone are destroyed involuntarily, reconstruction to the amount of the prior floor area shall be allowed, subject to all other provisions of this chapter.

(Ord. No. 1316, § 4.56.080, 6-7-76; Ord. No. 1606, 2-6-84)

The CH or restricted highway commercial zone is intended for development of vehicular-oriented activities and sales along highway frontages, intermingled with compatible retail, service and administrative activities.

(Ord. No. 1316, § 4.60.010, 6-7-76; Ord. No. 1363, 8-1-77)

(a)

Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Personal service businesses and service businesses necessary for the conduct of households.

(3)

Office activities.

(4)

Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.

(5)

Group classes.

(6)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.

(Ord. No. 1316, § 4.60.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XVII, 8-1-23)

In addition to the activities authorized by section 29.60.420, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.60.030, 6-7-76; Ord. No. 1363, 8-1-77)

There is no minimum lot area requirement in a CH or restricted highway commercial zone.

(Ord. No. 1316, § 4.60.050, 6-7-76)

Minimum front, side and rear yards in a CH or restricted highway commercial zone shall be as follows:

(5)

The following minimum yard requirements apply along those property lines of a lot in the CH zone which abut or are across the street from a lot in a residential zone:

a.

Front .....25 feet

b.

Side .....15 feet

c.

Rear .....20 feet

Plus one (1) foot for each foot of building height over twenty (20) feet. A six-foot high masonry wall is required along the property line.

(Ord. No. 1316, § 4.60.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

The maximum height of any building in a CH or restricted highway commercial zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.60.080, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1952, § II, 8-2-93)

Maximum building coverage of a lot in a CH or restricted highway commercial zone, including any type of accessory building, is fifty (50) percent.

(Ord. No. 1316, § 4.60.090, 6-7-76; Ord. No. 1337, 11-1-76)