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Milpitas City Zoning Code

SECTION 39

POS Park and Public Open Space District

XI-10-39.01 - Purpose

To provide for public open space and recreational uses in order to preserve environmentally sensitive areas and accommodate community service or recreational facilities.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.02 - Uses Permitted

The following are the principal permitted uses in a POS District:

39.02-1 Public parks and recreational facilities, with the exception of public community centers and public indoor sports centers.

39.02-2 Public trails.

39.02-3 Public community gardens.

The following are permitted as accessory uses in a POS District:

39.02-4 One mobile food vehicle, subject to approval of a minor site development permit pursuant to Subsection XI-10-57.03(B)(2) of this Chapter. See also Subsection XI-10-13.18.

39.02-5 Two or more mobile food vehicles operating together for a period of seven consecutive days or less, subject to approval of a special event permit pursuant to Section 15 of this Chapter. See also Subsection XI-10-13.18.

(Ord. No. 38.845, § 12, 6/21/22; Ord. 38.733, 1/6/98)

XI-10-39.03 - Conditional Uses

The following uses may also be permitted if their location is first approved by the Planning Commission, as provided for in Section 57, after considering a recommendation from the Parks, Recreation, and Cultural Resources Commission:

39.03-1 Public community centers and public indoor sports centers.

39.03-2 Day care centers.

39.03-3 Public utility facilities.

39.03-4 Radio or television transmitters.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.04 - Height Restrictions

No structures shall exceed either two and one-half (2 ½) stories or thirty (30) feet in height. This does not include light standards, public utility facilities, and radio or television transmitters.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.05 - Area, Lot Width and Yard Requirements

The following minimum requirements shall be observed:

39.05-1 Lot size: No requirement is established.

39.05-2 Lot width: No requirement is established.

39.05-3 Yards: The minimum front, side and rear yards in the POS district shall be equal to the respective front, side and rear yards required in the most restrictive abutting district; provided that no yard adjoining a street shall be less than twenty (20) feet, and that no side yard shall be less than ten (10) feet.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.06 - Off-Street Parking Requirements

There shall be provided off-street parking spaces for automobiles in accordance with the requirements of Section 53, except that neighborhood-serving parks, trails and open space areas are not required to provide parking unless required by the City Council.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.07 - Amortization

Notwithstanding Section XI-10-56.08, every non-conforming use in a POS District shall be removed or otherwise brought into conformance within four (4) months of the effective date of this Chapter.

(Ord. 38.733 (part), 1/6/98)