§ 18.16.040 — Other Applicable Regulations

A. In addition to the standards specified in Article 3 (Regulations Applicable to All Zones) and Article 4 (Standards for Specific Land Uses), the following other applicable mixed-use regulations shall be applicable in the specific office and industrial zones: B. General Office and Industrial Regulations. 1. Commercial Ancillary Uses. Commercial ancillary uses are allowed in the LO-RD and HO-RD zones. In the LI and HI zones, commercial ancillary uses may be granted with approval of a Minor Use Permit by the Zoning Administrator when the uses are found to comply with all of the following provisions: a. The uses are intended to support and serve employees and visitors in the immediate area. b. Uses shall be located entirely within structures occupied by the primary use. c. Ancillary uses shall occupy no more than 10 percent of the gross floor area of any structure or a maximum of 20,000 square feet, whichever is less. d. Ancillary uses are limited to the following: (1) Retail Establishments. (2) Personal Services Establishments. (3) Restaurants. (4) Alcohol service incidental to a restaurant. (5) Drinking Establishments, subject to a Conditional Use Permit. (6) Outdoor Seating, ancillary to a restaurant. (7) Banks and Financial Establishments. 2. Development Standards. a. Private Easements or Covenants. Private easements or covenants between parties may further restrict the use of setbacks or other areas of a site beyond the requirements of this Chapter. b. Minimum Parcel Size and Frontage. (1) The required area of any parcel, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel area required for the zoning district in which the parcel is located, but is not less than 3,000 square feet, the required parcel area shall be the area shown for the parcel on the approved parcel or subdivision map. (2) The required frontage of any parcel, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel frontage required for the zone in which the site is located, but is not less than 45 feet, the required frontage shall be the frontage shown for the parcel on the approved parcel or subdivision map. c. Maximum Height. Parcels within the designated flight path zones for Mineta San Jose International Airport shall conform to Federal Aviation Administration (FAA) height requirements or the height limitations of Table 2-14, whichever are less. d. Setback Encroachments. Except as otherwise expressly and specifically provided in other Sections of this Chapter, every part of every setback area shall be unobstructed and unoccupied except for those allowable encroachments identified in Table 2-15 (Office and Industrial District Setback Encroachments). Table 2-15 Office and Industrial Zone Setback Encroachments

| Improvement | Setback Area | | Maximum Allowed | | |---|---|---|---|---| | Encroachment | | Bicycle racks | Front, Side Corner, Side, Rear | Allowed in setback area | | Landscaping | Front, Side Corner, Side, Rear | Allowed in setback area | | Overhead wires and underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical and other utility needs of the parcel or structure on the parcel. Overhead wires and lines shall not be constructed if prohibited by another section of this Code or by any other law. | Side Corner, Side, Rear | Allowed in setback area | | Front | Allowed in setback area | | Pedestrian walkways and plazas, vehicle driveways for access to the parcel. | Front, Side Corner, Side, Rear | Allowed in setback area | | Sills, eaves, cornices, canopies, and other similar architectural features eight feet or more above surface grade | Front, Side Corner, Side, Rear | 8 feet into setback area | | Stairs, wells for basement windows, and architectural features which occupy, in the aggregate, not more than 20% of the length of the side of the structure on which they are located. | Front, Side Corner, Side, Rear | 2 feet into setback area | | Utility structures | Front, Side Corner, Side, Rear | Allowed in setback area |

3. Transition Standards. a. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line at ground level. Rear property daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2. b. Maximum Height Across the Street from Residential. The following applies to portions of a development directly opposite a residentially zoned property where the street is less than 65 feet wide. (1) Wall plates and heights may be no taller than one story above the maximum height allowed in the opposing residential zone. (2) Uses shall be located entirely within structures occupied by the primary use. Building heights shall step up away from the street following a 45-degree Daylight Plane measured from the top of the building facade/wall plate. 4. Fencing. For additional fencing requirements see Chapter 18.34 (Fences, Walls, and Hedges). 5. Hotel and Motel Uses. Hotels and motels are allowed in the Low-Intensity and High-Intensity Research and Development Zones north of the Caltrain Corridor, at a maximum FAR of 2.0, provided that the property is annexed to the City’s Community Facilities Assessment District, or similar district, and that the use is compatible with planned uses on neighboring properties. 6. Loading Docks.Loading docks shall be located a minimum of 75 feet distance from any residential zone. 7. Retail Sales (Ancillary) in Industrial Zones. a. Ancillary retail sales shall be directly related to, and supportive of, the industrial products or products manufactured on-site. b. Ancillary retail sales shall comply with one of the following: (1) The ancillary retail sales area occupies no more than 10 percent of the floor area occupied by the primary use; or (2) The ancillary retail sales area is incidental to the wholesale of construction materials including, but not limited to, lumber, tile, stone, plumbing materials, garage doors, windows, and roofing, and no more than 50 percent of the structure floor is used for product display and retail sales. 8. Performance Standards. All uses in the office and industrial zones shall comply with the performance standards in Chapter 18.40 (Performance Standards). In addition to the performance standards listed in Article 3, all uses shall also comply with the following standards: a. Incineration. Incineration of waste material is prohibited. b. Noise. On-site noise shall be in compliance with the Performance Development Standards in Section 18.40.060 (Noise and Vibration) and SCCC Title 9. c. Vibration. Except during construction, activity causing ground vibration which is perceptible without instruments at the property line is prohibited. 9. Screening Adjacent to Residential or Mixed-Use Zones. For additional screening requirements see Section 18.34.040 (Additional Requirements by Land Use Type). 10. Vehicle Repair and Services. All vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed structure. 11. Wireless Telecommunication Facilities and Towers. For height exceptions for Wireless Telecommunications Facilities and Towers see Chapter 18.66. C. Specific Office and Industrial Regulations. 1. Low-Intensity Office/Research and Development Zone (LO-RD). a. The following uses are only allowed as ancillary to a primary use: (1) Fitness Facilities; (2) Equipment Sales and Rental Facilities; (3) Maintenance and Service Repairs; (4) Personal Services; and (5) Retail Establishments. b. Kennels. Shall only be operated and conducted entirely within an enclosed structure. 2. High-Intensity Office/Research and Development Zone (HO-RD). a. Floor Area Ratio. Commercial support uses are not included in FAR calculations. b. The following uses are only allowed as ancillary to the primary use: (1) Fitness Facilities; (2) Equipment Sales and Rental Facilities; (3) Maintenance and Service Repairs; (4) Personal Services; (5) Retail Establishments; and (6) Data Centers 3. Light Industrial Zone (LI). a. Height. Low-intensity uses such as Data Centers are allowed a maximum height of 90 feet. b. Development Review. Any structure with an FAR greater than the General Plan allows shall be occupied by a lower intensity use in the Light Industrial Zone as determined by the Review Authority. c. Offices. Officesmay occupy no more than 20 percent of the structure floor area d. Medical offices are not allowed. e. The following uses are only allowed as ancillary to the primary use: (1) Equipment Sales and Rental Facilities; (2) Maintenance and Service Repairs; and (3) Offices; and (4) Outdoor Storage on up to 25% of the lot area, subject to the development standards of Code Section 18.60.160. Outdoor storage occupying more than 25% of the site is subject to the approval of a Minor Use Permit. 4. Heavy Industrial Zone (HI). a. Offices. Officesmay occupy no more than 10 percent of the structure floor area. b. Medical offices are not allowed. c. Outdoor Storage on up to 50% of the lot area is allowed, subject to the development standards of Code Section 18.60.160. Outdoor storage occupying more than 50% of the site is subject to the approval of a Minor Use Permit.