Milpitas · Zoning · R3
Milpitas R3 zoning: height, setbacks and lot size
In Milpitas's R3 zone, generally buildings can be up to 35 ft (3.5 stories) tall, the front setback is 20 ft and the minimum lot size is 8,000 sf, with the conditions listed below (Milpitas code, read October 2026).
Key points
- Maximum building height: 35 ft (The height limit can be waived for an approved Planned Unit Development above 30 du per gross acre.)
- Maximum number of stories: 3.5 stories (The height limit can be waived for an approved Planned Unit Development above 30 du per gross acre.)
- Minimum front setback: 20 ft
- Minimum side setback: one side 5 ft; total both sides 12 ft (1 story)
- Minimum rear setback: 30 ft
- Minimum lot size: 8,000 sf
- Maximum density: 30 du/gross acre (Up to 40 where the Council approves a Planned Unit Development and finds sewer and water capacity enough.)
R3 is a zoning district in Milpitas. Every value below was read from the Milpitas Municipal Code and links to its section (read October 2026). State laws such as the ADU and SB 9 rules can allow more on a residential lot. General information, not legal advice — read the code text and check with the city before you build.
Development standards in R3
The general rule for a typical lot in this zone. Zoning tables often attach notes, such as rules for corner lots, lots next to a residential zone, or new subdivisions only. Open “code text” under a value to see the table cell or sentence it was read from.
| Maximum building height | 35 ft Applies: The height limit can be waived for an approved Planned Unit Development above 30 du per gross acre. § B.4.030 · code textTable row “Primary Building Height, max.”, column “R3”: 35 ft; 3.5 stories 9, 10 |
|---|---|
| Maximum number of stories | 3.5 stories Applies: The height limit can be waived for an approved Planned Unit Development above 30 du per gross acre. § B.4.030 · code textTable row “Primary Building Height, max.”, column “R3”: 35 ft; 3.5 stories 9, 10 |
| Minimum front setback | 20 ft § B.4.030 · code textTable row “Front”, column “R3”: Min.: 20 |
| Minimum side setback | one side 5 ft; total both sides 12 ft Applies: 1 story § B.4.030 · code textTable row “Interior side”, column “R3”: 1 story, min.: One side: 5 Total both sides: 12 2+ stories, min: 10 |
| Minimum rear setback | 30 ft § B.4.030 · code textTable row “Rear”, column “R3”: Min.: 30 |
| Minimum lot size | 8,000 sf § B.4.030 · code textTable row “Lot Area, min”, column “R3”: 8,000 sf |
| Maximum density | 30 du/gross acre Applies: Up to 40 where the Council approves a Planned Unit Development and finds sewer and water capacity enough. § B.4.030 · code textTable row “Density (du/gross acre) 2”, column “R3”: Min.: 16 Max.: 30 3 |
Uses in R3
Uses the code's use tables allow in R3, or allow with a permit. Each links to its page with the code section.
- Apartment building — Allowed
- Live-work unit — Needs a conditional use permit
- Senior or assisted living — Needs a conditional use permit
- Bed and breakfast — Allowed
- Child care center — Needs a minor conditional use permit (zoning administrator)
- Church or place of worship — Needs a minor conditional use permit (director)
When a different number applies
The code sets other values for particular lots, buildings or locations in R3:
- Minimum side setback: 10 ft — 2+ stories § B.4.030
Not on this page
We did not find a general lot coverage, FAR limit for R3 in the zoning tables we read. The code may still set one elsewhere — check the Milpitas Municipal Code.
Other Milpitas zoning districts
Who this affects
Frequently asked questions
What is the maximum building height in Milpitas's R3 zone?
35 ft (the height limit can be waived for an approved Planned Unit Development above 30 du per gross acre) — Milpitas Municipal Code § B.4.030.
What is the maximum number of stories in Milpitas's R3 zone?
3.5 stories (the height limit can be waived for an approved Planned Unit Development above 30 du per gross acre) — Milpitas Municipal Code § B.4.030.
What is the minimum front setback in Milpitas's R3 zone?
20 ft — Milpitas Municipal Code § B.4.030.
What is the minimum side setback in Milpitas's R3 zone?
one side 5 ft; total both sides 12 ft (1 story) — Milpitas Municipal Code § B.4.030.
What is the minimum rear setback in Milpitas's R3 zone?
30 ft — Milpitas Municipal Code § B.4.030.
General information, not legal advice.
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