Milpitas City Zoning Code

SECTION 40

Agricultural Zones and Standards16

Footnotes:

--- (16) ---

Editor's note— Ord. No. 38.789, § 23, adopted April 21, 2009, amended the Code by repealing former Section 40, XI-10-40.01—XI-10-40.09, and adding a new Section 40. Former Section 40 pertained to the A Agricultural District, and derived from Ord. 38, adopted March 15, 1955; Ord. 38.35, adopted July 18, 1963; Ord. 38.185, adopted August 5, 1969; Ord. 38.207, adopted November 17, 1970; Ord. 38.384, adopted October 26, 1976; Ord. 38.711, adopted August 20, 1996; Ord. 38.760, adopted September 17, 2002; and Ord. 38.761, adopted May 20, 2003.

XI-10-40.01 - Purpose and Intent

To preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provision of utilities, major streets, and other facilities so that compact, orderly development will occur. Change of zoning district from A to any other zoning district shall only be made in general accord with the General Plan.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.02 - Agricultural Use Regulations

Permitted and Conditionally Permitted Uses.

General Requirements. The uses identified in Table 40.02-1, Agricultural Zone Uses, shall be the primary uses allowed to occur on a property. The primary uses identified in Table 40.02-1 shall be permitted or conditionally permitted, as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
P/C	Where the symbol "P/C" appears the use may be permitted unless located in an "A" District designated for future residential use in the General Plan, otherwise a Conditional Use Permit shall be required, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

Accessory Uses. The following are the accessory uses permitted in all agricultural zoning districts:

Living quarters of persons regularly employed on the premises; but not including labor camps and labor dwellings, accommodations, or areas for transient labor.

Guest houses, not rented or otherwise conducted as a business.

Home occupations and professional offices in the home.

Offices incidental and necessary to the conduct of a permitted use.

Private garages, parking areas and stables.

Roadside stands not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises.

Other accessory uses and buildings customarily appurtenant to a permitted use.

Prohibited Uses. The following uses are prohibited:

Uses where the symbol "NP" appears within Table 40.02-1.

Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter.

Uses that have been excluded from Table 40.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table 40.02-1
Agricultural Zone Uses

Use		Agricultural Zone
Agricultural Uses
Agriculture and Farming		P/C
Commercial agricultural processing plant		C
Commercial animal feed sales		C
Guest ranches		P/C
Commercial Uses
Kennels		C
Public/Quasi Public and Institutional
Public and Quasi Public use		C
Child Care ¹
	Small and Large family child care home	C
	Child care center	C
Recreational Uses
Commercial recreation facilities (outdoor) ²		C
Private recreation areas, uses and facilities (clubhouses)		C
Public parks and areas		P
Riding academies and Public stables		P/C
Residential Uses
Quarters, accommodations or areas for transient labor, such as labor camps		C
Ranch and farm dwellings ³		P/C
Unclassified Uses
Cemeteries		C
Commercial mines, quarries and gravel pits		C
Private airports and landing strips		C
Temporary tract signs ⁴		C

1. Refer to Subsection 13.06, Large Family Child Care and Child Care Centers, of this Chapter for standards.

2. Refer to Subsection 40.02(D), Agricultural Special Uses

3. When ancillary to primary agricultural use.

4. No tract signs shall be permitted within 600 feet of a Santa Clara County expressway.

Agricultural Special Uses

Commercial recreational facilities including, but not limited to, outdoor theaters, golf driving ranges, commercial swimming pools (but not including such facilities in which the principal use is enclosed in a building, such as bowling alleys and skating rinks) may be allowed with the approval of a Conditional Use Permit.

Incidental to commercial recreation facilities, there may also be permitted hotels, restaurants, and similar commercial facilities when the same are located on a minimum twenty (20) acre site under single ownership, provided that the total floor area of all enclosed structures and roofed areas upon the total site shall not exceed forty thousand (40,000) square feet.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.03 - Agricultural Zone General Development Standards

The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective agricultural zone.

General Requirements. Table 40.03-1, Agricultural Zone Development Standards, lists the site development standards required for agricultural development projects.

Exception: Conditionally permitted uses as indicated in Table 40.02-1, Agricultural Zone Uses, may deviate from the development standards through the Conditional Use Permit process.

Table 40.03-1
Agricultural Zone Development Standards

Standards	Agricultural
Lot Area, minimum (acres)	5
Lot Width, minimum (ft.)	300
Front yard setback, minimum (ft.)	50
Side yard setback (interior), minimum (ft.)	50
Street side yard setback, minimum (ft.)	50
Rear yard setback, minimum (ft.)	50
Other setbacks	Refer to Subsection 40.04, Agricultural Zone Special Development Standards.
Building height, maximum	2.5 stories or 30 feet
Parking	Refer to Section 53, Off-Street Parking Requirements, of this Chapter.
Lot Coverage	None

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.04, - Agricultural Zone Special Development Standards

The following additional conditions shall apply in an Agricultural District:

Any building or enclosure in which animals or fowl, except domestic pets in household numbers, are contained shall be distant at least two hundred feet from any lot in any Residential, Mixed Use or Commercial District, or from any school or institution for human care.

Site plan and architectural approval are required of all conditional uses.

The minimum lot area per dwelling unit shall be not less than two and one-half acres, except as herein specified for labor camps.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 33, 4/6/10; Ord. No. 38.789, § 23, 4/21/09)

Milpitas City Zoning Code

SECTION 40

Agricultural Zones and Standards16

Footnotes:

--- (16) ---

XI-10-40.01 - Purpose and Intent

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.02 - Agricultural Use Regulations

Permitted and Conditionally Permitted Uses.

P	Where the symbol "P" appears, the use shall be permitted.
P/C	Where the symbol "P/C" appears the use may be permitted unless located in an "A" District designated for future residential use in the General Plan, otherwise a Conditional Use Permit shall be required, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

Accessory Uses. The following are the accessory uses permitted in all agricultural zoning districts:

Living quarters of persons regularly employed on the premises; but not including labor camps and labor dwellings, accommodations, or areas for transient labor.

Guest houses, not rented or otherwise conducted as a business.

Home occupations and professional offices in the home.

Offices incidental and necessary to the conduct of a permitted use.

Private garages, parking areas and stables.

Roadside stands not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises.

Other accessory uses and buildings customarily appurtenant to a permitted use.

Prohibited Uses. The following uses are prohibited:

Uses where the symbol "NP" appears within Table 40.02-1.

Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter.

Uses that have been excluded from Table 40.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

Table 40.02-1
Agricultural Zone Uses

Use		Agricultural Zone
Agricultural Uses
Agriculture and Farming		P/C
Commercial agricultural processing plant		C
Commercial animal feed sales		C
Guest ranches		P/C
Commercial Uses
Kennels		C
Public/Quasi Public and Institutional
Public and Quasi Public use		C
Child Care ¹
	Small and Large family child care home	C
	Child care center	C
Recreational Uses
Commercial recreation facilities (outdoor) ²		C
Private recreation areas, uses and facilities (clubhouses)		C
Public parks and areas		P
Riding academies and Public stables		P/C
Residential Uses
Quarters, accommodations or areas for transient labor, such as labor camps		C
Ranch and farm dwellings ³		P/C
Unclassified Uses
Cemeteries		C
Commercial mines, quarries and gravel pits		C
Private airports and landing strips		C
Temporary tract signs ⁴		C

1. Refer to Subsection 13.06, Large Family Child Care and Child Care Centers, of this Chapter for standards.

2. Refer to Subsection 40.02(D), Agricultural Special Uses

3. When ancillary to primary agricultural use.

4. No tract signs shall be permitted within 600 feet of a Santa Clara County expressway.

Agricultural Special Uses

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.03 - Agricultural Zone General Development Standards

The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective agricultural zone.

General Requirements. Table 40.03-1, Agricultural Zone Development Standards, lists the site development standards required for agricultural development projects.

Exception: Conditionally permitted uses as indicated in Table 40.02-1, Agricultural Zone Uses, may deviate from the development standards through the Conditional Use Permit process.

Table 40.03-1
Agricultural Zone Development Standards

Standards	Agricultural
Lot Area, minimum (acres)	5
Lot Width, minimum (ft.)	300
Front yard setback, minimum (ft.)	50
Side yard setback (interior), minimum (ft.)	50
Street side yard setback, minimum (ft.)	50
Rear yard setback, minimum (ft.)	50
Other setbacks	Refer to Subsection 40.04, Agricultural Zone Special Development Standards.
Building height, maximum	2.5 stories or 30 feet
Parking	Refer to Section 53, Off-Street Parking Requirements, of this Chapter.
Lot Coverage	None

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.04, - Agricultural Zone Special Development Standards

The following additional conditions shall apply in an Agricultural District:

Site plan and architectural approval are required of all conditional uses.

The minimum lot area per dwelling unit shall be not less than two and one-half acres, except as herein specified for labor camps.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 33, 4/6/10; Ord. No. 38.789, § 23, 4/21/09)

Milpitas City Zoning Code

SECTION 40

Agricultural Zones and Standards16

Footnotes:

--- (16) ---

XI-10-40.01 - Purpose and Intent

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.02 - Agricultural Use Regulations

Permitted and Conditionally Permitted Uses.

P	Where the symbol "P" appears, the use shall be permitted.
P/C	Where the symbol "P/C" appears the use may be permitted unless located in an "A" District designated for future residential use in the General Plan, otherwise a Conditional Use Permit shall be required, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

Accessory Uses. The following are the accessory uses permitted in all agricultural zoning districts:

Living quarters of persons regularly employed on the premises; but not including labor camps and labor dwellings, accommodations, or areas for transient labor.

Guest houses, not rented or otherwise conducted as a business.

Home occupations and professional offices in the home.

Offices incidental and necessary to the conduct of a permitted use.

Private garages, parking areas and stables.

Roadside stands not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises.

Other accessory uses and buildings customarily appurtenant to a permitted use.

Prohibited Uses. The following uses are prohibited:

Uses where the symbol "NP" appears within Table 40.02-1.

Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter.

Uses that have been excluded from Table 40.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

Table 40.02-1
Agricultural Zone Uses

Use		Agricultural Zone
Agricultural Uses
Agriculture and Farming		P/C
Commercial agricultural processing plant		C
Commercial animal feed sales		C
Guest ranches		P/C
Commercial Uses
Kennels		C
Public/Quasi Public and Institutional
Public and Quasi Public use		C
Child Care ¹
	Small and Large family child care home	C
	Child care center	C
Recreational Uses
Commercial recreation facilities (outdoor) ²		C
Private recreation areas, uses and facilities (clubhouses)		C
Public parks and areas		P
Riding academies and Public stables		P/C
Residential Uses
Quarters, accommodations or areas for transient labor, such as labor camps		C
Ranch and farm dwellings ³		P/C
Unclassified Uses
Cemeteries		C
Commercial mines, quarries and gravel pits		C
Private airports and landing strips		C
Temporary tract signs ⁴		C

1. Refer to Subsection 13.06, Large Family Child Care and Child Care Centers, of this Chapter for standards.

2. Refer to Subsection 40.02(D), Agricultural Special Uses

3. When ancillary to primary agricultural use.

4. No tract signs shall be permitted within 600 feet of a Santa Clara County expressway.

Agricultural Special Uses

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.03 - Agricultural Zone General Development Standards

The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective agricultural zone.

General Requirements. Table 40.03-1, Agricultural Zone Development Standards, lists the site development standards required for agricultural development projects.

Exception: Conditionally permitted uses as indicated in Table 40.02-1, Agricultural Zone Uses, may deviate from the development standards through the Conditional Use Permit process.

Table 40.03-1
Agricultural Zone Development Standards

Standards	Agricultural
Lot Area, minimum (acres)	5
Lot Width, minimum (ft.)	300
Front yard setback, minimum (ft.)	50
Side yard setback (interior), minimum (ft.)	50
Street side yard setback, minimum (ft.)	50
Rear yard setback, minimum (ft.)	50
Other setbacks	Refer to Subsection 40.04, Agricultural Zone Special Development Standards.
Building height, maximum	2.5 stories or 30 feet
Parking	Refer to Section 53, Off-Street Parking Requirements, of this Chapter.
Lot Coverage	None

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.04, - Agricultural Zone Special Development Standards

The following additional conditions shall apply in an Agricultural District:

Site plan and architectural approval are required of all conditional uses.

The minimum lot area per dwelling unit shall be not less than two and one-half acres, except as herein specified for labor camps.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 33, 4/6/10; Ord. No. 38.789, § 23, 4/21/09)