20.55.201

A. Permanent structure required. No use shall be deemed to be a permitted use on a site in any UVC, UV, MUC, MUN, UR, or TR district unless it is being conducted as part of a business, residence, or mixed use development which maintains on that site a permanent, fully enclosed building erected pursuant to a valid building permit issued for that site, excepting only those uses specifically permitted, under this part or this title, to operate without a permanent building on site. B. Late night use and activity. 1. No establishment other than office uses, in any, UVC, UV, MUC, MUN, UR, or TR Zoning District shall be open between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a special use permit as provided in Chapter 20.100 . 2. No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within one-hundred fifty feet of any residentially designated property between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100 . C. Incidental Uses. 1. Residential. In addition to the occupancy of a dwelling as a residence, the following incidental uses are permitted: a. The rental of rooms in a One-Family Dwelling to up to three (3) guests; in Two-Family Dwelling to up to two (2) guests, by each Family; and in a Multiple Dwelling Unit to up to two (2) guests per unit, if such use is clearly incidental to the occupancy of the dwelling unit by said Family as its own residence, and such rental is for a period of time longer than thirty (30) days and there are no more than six (6) persons living in the dwelling. b. Use of the dwelling, including a permitted Guesthouse, for Incidental Transient Occupancy in compliance with Part 2.5 of Chapter 20.80 . c. State-licensed Family Day Care Home. d. The following non-commercial activities: i. A garage sale consisting of the occupants' personal property; ii. Sale of goods hand-produced by the occupants; iii. Sales parties held for the purpose of selling goods to invited Guests. Such parties shall be held inside a permanent structure or in the rear yard of the dwelling unit. iv. To qualify as a non-commercial activity: I. No more than two (2) such sales are allowed in any calendar year; II. No such sale can be conducted for more than four (4) consecutive days; III. Such sales shall only be conducted between the hours of 9:00 a.m. and 9:00 p.m. D. Accessory Dwelling Units (ADUs). ADUs are permitted and shall conform to Part 4.5 of Chapter 20.30 . E. Guesthouses. The following restrictions apply to guesthouses: 1. Meals and housekeeping services may be provided with the lodging, but only to resident guests. 2. All cooking facilities must be in a single, common kitchen; no rooms shall have any cooking facilities. 3. No services may be provided to non-residents. 4. All required state licenses must be maintained. 5. No more than three guest rooms may have separate external entryways. F. Live/work units. 1. All live/work uses in the Urban Village and Mixed Use zoning districts shall be subject to all of the following criteria: a. All work activities shall be limited to the permitted uses of the Urban Village and Mixed Use zoning districts, specified in Table 20-138, unless otherwise noted in this chapter. b. All work activities and storage shall take place in fully enclosed areas. 2. Prohibited uses: a. Any use not permitted within the Urban Village and Mixed Use zoning districts, as specified in Table 20-138 or under Section 20.80.720 for home occupation uses. b. Entertainment, drinking and public eating establishments. c. The sale of food and/or beverages except for food or beverages prepared on-site as part of a Cottage Food Operation, in conformance with applicable public health regulations. d. Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale. e. Storage or recycling, except as incidental to and in support of a permitted use in the Urban Village and Mixed Use zoning districts. f. Activities involving biological or chemical substances that require a controlled environment or may pose a health hazard. g. Work activities that involve hazardous material or generate odors, vibration, glare, fumes, dust, electrical interference outside the dwelling or through vertical separation between living units, greater than those generated by routine household activities. 3. The living unit must be occupied by an owner, employee, or volunteer of the business associated with the live/work unit. 4. All live/work units must fully comply with any and all Uniform Building Code requirements applicable to the collocation of uses at the particular site. G. Development adjacent to Historic Landmarks or Districts 1. Any project within a historic district shall conform to applicable guidelines adopted, and as amended by the city council. 2. For purposes of this section, "historic district" and "historic landmark" refer to any site, building, structure, or area that has received city, state or federal landmark status. 3. New structures exceeding one hundred fifty feet and an FAR of 6:1 which are constructed within one hundred feet of a city landmark or contributing structure in a designated landmark district shall be reviewed by the Historic Landmarks Commission prior to consideration or approval of a development permit for new construction. The comments of the Historic Landmarks Commission shall be included in any development permit staff report subsequently presented to the executive director of the redevelopment agency, director of planning, planning commission or city council. H. Outdoor uses within 150 feet of residential zoning district. 1. No use, which in whole or in part, consists of, includes, or involves any outdoor activity or sale or storage of goods, products, merchandise or food outdoors shall occur on any lands if any part of such lands or any part of the lot on which such buildings are located is situated within one hundred fifty feet of residentially zoned property situated within or outside the city except with a special use permit as provided for in Chapter 20.100 , except for the following: a. Seasonal sales in accordance with the provisions in Part 14, Chapter 20.80 . b. Service windows for pedestrians or automatic teller machines for pedestrians, both of which are associated with financial institutions. c. Outdoor retail displays located in the front setback that are associated with a commercial use on the property. d. Plant nursery sales. e. Outdoor vending of whole, uncut, fresh fruits and vegetables in conformance with Part 10, Chapter 20.80 . f. Small certified farmers' markets that are in conformance with Part 3.5, Chapter 20.80 . I. Outdoor dining incidental to a public eating establishment or a retail establishment or other outdoor uses associated with an on-site business shall be pursuant to and in compliance with Part 10.5 of Chapter 20.80 . Outdoor dining within 150 feet of a residential zoning district that does not conform to Part 10.5 of Chapter 20.80 requires issuance of a Special Use Permit. J. Screening of non-residential uses adjacent to residentially zoned properties. 1. Any non-residential use conducted on any property shall be effectively screened at the property line from any abutting property in a residential district. The screening required hereby shall be a masonry wall or a solid wooden fence five feet in height, except that any portion thereof situate in the required setback area from abutting public streets shall be not more than four feet; and in the event such use included any outdoor activity, such screening shall also include such trees or plants as the director deems reasonable necessary to effectively screen such use from the adjoining residence district. Such screening shall at all times be maintained in good condition and be kept free at all times of signs. In addition, where a use involving outdoor activity is on a lot or parcel adjoining a residential district, such lot or parcel shall be landscaped in a manner approved by the director. K. Wireless Communication. 1. Wireless communications antennae are allowed in Urban Village and Mixed Use districts pursuant to Table 20-50 only if all of the following criteria are met: a. The proposed antenna is located upon a parcel with a nonresidential use; and b. The proposed antenna is located either: i. More than thirty-five feet away from the nearest residential use; or at least one foot away from the nearest residential use for every foot of monopole height, whichever distance is greater; or ii. More than twenty feet away from the nearest residential use if the proposed antenna is mounted on an existing utility structure within a utility corridor. 2. Wireless communications antennae of any type located on a property zoned for Urban Village or Mixed Use, with a residential use shall require a conditional use permit pursuant to the provisions of Chapter 20.100 of this title, except for certain modifications pursuant to Section 20.80.1915 of Chapter 20.80 . L. Vehicular related uses in Urban Village and Mixed Use Zoning Districts. 1. Continued operation of existing use allowed with only 10% expansion of existing structures, unless specified through an Urban Village Plan that allows greater intensity of the use. Uses allowed by the Stevens Creek and 24th and William Urban Village Plans are not subject to the maximum 10% expansion of use. 2. New vehicle related uses allowed only pursuant to the provisions of the Stevens Creek and 24th and William Urban Village Plans, as amended. 3. Sale, leasing, or brokerage of passenger vehicles, pick-up trucks not exceeding 25 feet in length, and motorcycles are allowed to include the following incidental uses as part of their operation: a. Accessory installation, passenger vehicles and pick-up trucks. b. Car wash, detailing, not open to the public. c. Fuel service station or charge station, including incidental service or repair, not open to the public. d. Glass sales, installation, and tinting. e. Sale, vehicle parts, with onsite installation. f. Tires, batteries, lube, oil change, smog check station, air conditioning servicing of passenger vehicles and pick-up trucks. (Ords. 30603, 30984, 31079.)