Chapter 20.20

OPEN SPACE & AGRICULTURAL ZONING DISTRICTS

Parts:

• 1 General

• 2 Use Regulations 3 Development Regulations 4 Performance Standards

Part 1

GENERAL

Sections:

Where the boundaries of a district are not clearly identifiable, the following rules of interpretation shall apply:

1. The boundary of a district is the center line of the street unless otherwise clearly delineated.

2. The boundaries shall be deemed to be on the property line wherever it appears to be on the line.

• (Ord. 26248.)

Unless specifically otherwise indicated or prohibited by ordinance of the city council or by applicable law, the director of planning shall be authorized to charge a fee as set forth in and in the manner described in a resolution adopted by the city council for each and every permit, accommodation, process or other authorization to be administered by the director under this title, which fee shall not exceed the costs incurred by the city in processing and providing the permit, accommodation, process or other authorization. (Ord. 26896.)

• A. This chapter sets forth the land use and development regulations applicable to the open space and agricultural zoning districts established by Section 20.10.060.

• B. No building, structure, or land shall be used, and no building or structure shall be erected, enlarged, or structurally altered, in the OS Open Space and A Agricultural Districts except as set forth in this chapter.

• C. The purposes of the open space and agriculture zoning districts are as follows:

  1. OS Open Space District. The purpose of the OS Open Space District is to provide for the public peace, health, safety, and welfare by conserving open space to ensure the continued availability of land for the preservation of natural resources, for the managed production of resources, for outdoor recreation, and for the enjoyment of scenic resources, and by protecting the people and property in the City of San José against physical environmental hazards. The regulations contained in the OS District are designed to enhance the

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scenic a visual qualities of the land as well as to implement the open space and hillside policies of the general plan.

2. A Agricultural District. The purpose of the A Agricultural District is to provide for areas where agricultural uses are desirable. The regulations contained in this district are intended to provide for a wide range of agricultural uses as well as implementing the goals and policies of the general plan.

• (Ords. 26248, 29012.)

Part 2

USE REGULATIONS

Sections:

• 20.20.100 Allowed uses and permit requirements.

• A. "Permitted" land uses are indicated by a "P" on Table 20-30.

• B. "Conditional" uses are indicated by a "C" on Table 20-30. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a conditional use permit as set forth in Chapter 20.100.

• C. "Special" uses are indicated by a "S" on Table 20-30. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100.

• D. Land uses not permitted are indicated by a "-" on Table 20-30. Land uses not listed on Table 20-30 are not permitted.

• E. When the right column of Table 20-30 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote applies to the use. In addition, all uses are subject to any other applicable provision of this title and any other title of the San José Municipal Code.

Table 20-30 Agricultural and Open Space Zoning District Use Regulations

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Notes:

1. The erection, enlargement, structural alteration, or use of any permanent building or structure for any permitted or conditional use in the OS open space district requires the issuance of a conditional use permit, with the exception of certain modifications of existing wireless facilities pursuant to Section 20.80.1915.

   2. Clubhouses, pro shops, snack shops, restaurants, bars, and driving ranges may be operated in conjunction with, but not independent of, the golf course. "Miniature golf courses" are not allowed.

   3. A one-family dwelling may be used for a residential care facility or residential service facility for six or fewer residents. No services may be provided to non-residents.

2. Certain modifications of existing wireless facilities may be permitted with an administrative permit in accordance with Section 20.80.1915 of Chapter 20.80.

(Ords. 26248, 26456, 27468, 28320, 29218, 29546, 30290.)

Part 3

DEVELOPMENT REGULATIONS

Sections:

20.20.200 Development standards. 20.20.210 Minimum lot area - Exceptions.

All development in the OS Open Space and A agricultural districts shall conform to the development regulations set forth below in Table 20-40.

Table 20-40 OS Open Space and A Agricultural District Development Standards

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Notes:

1. An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions of this section.

2. In the A Agriculture Zoning District, lots located wholly within the Coyote Valley Agriculture Overlay, as indicated on the general plan land use diagram, shall have a minimum lot area of 40 acres.

(Ords. 26248, 29176, 30690.)

The minimum area of a lot or parcel whose area, as shown on a final subdivision map approved by the city prior to February 19, 2001, is less than twenty acres shall be the area shown for such lot or parcel on such subdivision map. (Ord. 26248.)

In the A agricultural district the maximum height of a chimney, weather vane or other similar architectural embellishment mounted on a building and having a horizontal cross section of no more than twenty square feet may be increased to forty feet provided that it does not exceed the height of the building on which it is mounted by more than five feet.

(Ord. 26248.)

• A. The director may grant a reduction in the minimum required setback from an abutting property zoned or used for residential purposes for additions to existing structures or new structures on a lot located in either the A-Agriculture or OS-Open Space Zoning District if the director finds that granting the reduction in the minimum required setback would not impair the utility or value of adjacent property or the general welfare of the neighborhood and, in addition, finds that the proposal meets all of the following criteria:

  1. The subject site or lot:

     • a. Is located adjacent to a residentially zoned property or is located next to a residential use; and

     • b. Has substantial existing development on the subject site; and

  2. The sizes of any and all additions or structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot and for which development permits were obtained prior to February 19, 2001; and

  3. The aggregate total square footage of all additions or new structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot as of February 19, 2001; and

  4. Any addition or structure to be added to the subject site or lot shall not significantly diminish the existing, legal nonconforming setback, and, in any event, no addition or structure to be added to the subject site or lot shall reduce a setback to less than fifty feet; and

  5. Any new addition or structure shall not exceed the height of existing structures located on the subject site or lot, or the maximum height allowance established pursuant to this title for the zoning district, whichever height is less.

• (Ord. 26712.)

Part 4

PERFORMANCE STANDARDS

Sections:

• A. In the OS open space and A agricultural districts, no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

  1. In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or

  2. In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes; or

  3. In a manner that creates a public or private nuisance.

• B. Without limiting the generality of the preceding subsection, the following specific standards shall apply in the open space and agricultural zoning districts:

  1. Air pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the director of planning.

  2. Noise. The sound pressure level generated by any use or combination of uses on a property shall not exceed the decibel levels indicated in Table 20-45 at any property line, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.

Table 20-45 Additional Noise Standards

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§ 20.30.010

• A. This chapter sets forth the land use and development regulations applicable to the residential zoning districts established by Section 20.10.060.

• B. No building, structure, or land shall be used, and no building or structure shall be erected, enlarged, or structurally altered, in the R-1, R-2, R-M, and R-MH residential districts except as set forth in this chapter.

• C. The purposes of the residential districts are as follows:

  1. R-1 Single-Family Residence District. The purpose of the single-family residence district is to reserve land for the construction, use and occupancy of single-family subdivisions. The allowable density range for the R-1 districts is one to eight dwelling units per acre.

  2. R-2 Two-Family Residence District. The purpose of the two-family residence district is to reserve land for the construction, use and occupancy of single-family and two-family subdivisions. The allowable density range for the R-2 district is eight to sixteen dwelling units per acre.

  3. R-M Multiple Residence District. The purpose of the multiple residence district is to reserve land for the construction, use and occupancy of higher density residential development and higher density residential-commercial mixed use development.

  4. R-MH Mobilehome Park District. The purpose of the mobilehome park district is to reserve land for the construction, use and occupancy of mobilehome development.

• (Ords. 26248, 26455, 29011, 29821.)

Part 2

USES ALLOWED

Sections:

• 20.30.100 Allowed uses and permit requirements.

• 20.30.110 Incidental uses.

• 20.30.120 Guesthouses.

• 20.30.125 Residential uses - Prohibition on provision of services to nonresidents.

• 20.30.130 Wireless communications antennae on residentially zoned parcels with a non-residential use.

• 20.30.140 Wireless communications antennae on residentially zoned property with a residential use.

• A. "Permitted" land uses are indicated by a "P" on Table 20-50.

• B. "Conditional" uses are indicated by a "C" on Table 20-50. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100.

• C. "Special" uses are indicated by an "S" on Table 20-50. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100.

• D. "Restricted" land uses are indicated by an "R" on Table 20-50. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective zoning code verification certificate as set forth in Chapter 20.100.

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• E. Land uses not permitted are indicated by a "-" on Table 20-50. Land uses not listed on Table 20-50 are not permitted.

• F. When the right column of Table 20-50 includes a reference to a section number or a

• footnote, the regulations cited in the section number or footnote apply to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.

Table 20-50 Residential Zoning Districts Use Regulations

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Notes:

1. Only one one-family dwelling unit per lot in the R-1, R-2, R-M and R-MH districts.

2. A maximum of two primary living units per lot, with Accessory Dwelling Units, are permitted in the R-2 district. Accessory Dwelling Units on a lot in the R-2 district may be permitted without a Development Permit in accordance with the provisions of Part 2.75.

3. No lot may be used solely for an accessory structure or an accessory building.

4. No driving ranges or miniature golf facilities.

5. Stand-by or backup generators that would not otherwise require some permit from the City (including but not limited to building, electrical, or mechanical), and do meet the applicable noise and air standards are not subject to the Special Use Permit requirement.

6. Allowed on school sites, library sites, community center sites, church/religious assembly sites, and other publicly accessible sites that contain government operations including but not limited to United States Post Offices or State of California Department of Motor Vehicles offices.

7. The activity must conform with the location and operational requirements in Section 20.80.820 of Part 10, Chapter 20.80. Allowed for up to eight hours per day for each vending facility, but not to exceed eight hours per day per lot.

8. Certain modifications of existing wireless facilities may be permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.

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9. Permitted or special uses allowed in the CP commercial pedestrian zoning district may be allowed with a Special Use Permit for a residential-commercial mixed use project, except that twenty-fourhour non-residential uses or conditional uses allowed in the CP commercial pedestrian zoning district require a Conditional Use Permit.

10. May be used as Transitional Housing.

• (Ords. 26248, 26388, 26455, 26456, 27468, 27797, 28284, 28320, 28791, 29011, 29122, 29254, 29546, 29678, 29821, 30190, 30290, 30353, 30422, 30480, 30516, 30696, 30786, 30984.)

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:

  1. A garage sale consisting of the occupants' personal property;

  2. Sale of goods hand-produced by the occupants;

  3. 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.

• E. To qualify as a non-commercial activity:

  1. No more than two (2) such sales are allowed in any calendar year;

  2. No such sale can be conducted for more than four (4) consecutive days;

  3. Such sales shall only be conducted between the hours of 9:00 a.m. and 9:00 p.m.

• (Ords. 26248, 26455, 29523, 30353.)

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 nonresidents.

4. All required state licenses must be maintained.

5. No more than three guest rooms may have separate external entryways.

• (Ord. 26248.)

provision of services to nonresidents.

No residential use that includes the provision of services to residents may offer services to nonresidents.

(Ord. 26455.)

Wireless communications antennae are allowed in residential 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

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§ 20.30.200

• B. The proposed antenna is located either: 1. 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

  2. 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.

(Ord. 27468.)

residentially zoned property with a residential use.

Wireless communications antennae of any type located on residentially zoned property 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. (Ords. 27468, 29546.)

Editor’s note— Ord. No. 30353, § 3, adopted Jan. 7, 2020, repealed § 20.30.150, which pertained to secondary units and derived from Ords. 28284, 29821, 30133, 30254, 30282, and 30336.

Part 3

DEVELOPMENT REGULATIONS

• 20.30.240 Front setback - Block average exception.

• 20.30.250 Side setback - Exception, R-1 and R-2 residence districts.

• 20.30.260 Side setback - Exception, R-M and R-MH residence districts.

• 20.30.265 Rear setback - Exception lots of record since July 1, 1929.

• 20.30.270 Corner lot - Rear setback - Exception for attached garage.

• 20.30.280 Rear setback - Exception - New construction of or additions to single-family residences.

• 20.30.290 Mobilehome parks converted to residential ownership.

• 20.30.300 Maximum height - Exception for chimneys or architectural embellishments.

• 20.30.310 Minor one-story addition - Exception for same side setback as existing structure.

All development in the residential zoning districts shall conform to the development regulations set forth below in Table 20-60.

Sections:

Table 20-60 Residential Zoning Districts Development Standards

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§ 20.30.200

Notes:

1. Refer to Part 9 of Chapter 20.100 regarding single-family house permit requirements and Section 20.200.510 regarding the definition of "height."

2. An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions in this section.

3. Refer to Section 20.200.120 regarding the definition of "basement;" refer to Section 20.200.1210 regarding the definition of "story;" and refer to Section 20.200.1220 regarding the definition of "half story."

4. An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions of this section.

5. The minimum driveway length shall also comply with the minimum setback requirements for the zoning district in which the lot is situated.

6. Refer to section 20.30.260 for side setback exceptions in the R-M and R-MH districts.

(Ords. 26248, 29011, 29176, 29821, 30190.)

• A. Corner lot. If a lot exceeds the defined dimensions of a corner lot it cannot be considered a corner lot and hence is deemed to have two front property lines abutting the street sides, and a single rear property line and one (or more) side property line(s). The director of

• planning will make the final determination of where the front, side and rear property lines are of a lot where there is some question.

• B. Irregular shape lot or a lot with more than four sides. In the case of an irregular shaped lot or a lot with more than four sides where there is some question as to what are the front, side and rear property lines, there shall be at a

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minimum, one front property line and one rear property line. The rear property line shall be the lot line directly parallel to the front property line and of a width of at least thirty feet in length. If no such lot line exists, the director shall make the final determination as to the rear property line of such lot. (Ord. 26248.)

In computing the depth of a rear setback area for any building, where such rear setback area opens onto an alley, one-half of such alley may be assumed to be a portion of the rear setback area. (Ord. 26248.)

• A. Notwithstanding the provisions of Section 20.30.200, the minimum area of a lot or parcel whose area, as shown on a final subdivision map approved by the City of San José, is less than the minimum lot area required for said zoning district, but not less than three thousand square feet, shall be the area shown for such lot or parcel on such subdivision map.

• B. The minimum lot area shall not apply to SRO living unit facilities.

• (Ords. 26248, 26761.)

In the R-1-8, R-1-5, R-2, and R-M Residence Districts, when lots comprising forty percent or more of the frontage on one side of a street between two intersecting streets have been developed with buildings having an average front setback with a variation in depth of not more than ten feet, but less than the minimum front setback required by Section 20.20.200, the minimum front setback applicable to such lots shall be said existing average rather than the setbacks as otherwise referenced in this title. No additional exceptions to the front setback are allowed to further reduce the front setback. (Ords. 26248, 29011.)

Notwithstanding the provisions of Section 20.30.200, where an interior lot is situated in a R-1 or R-2 residence district, and such lot has been of record since prior to July 1, 1929, and such lot is and has been since said date less than fifty feet in width, the side setback requirements for such lot, if it is an interior lot, shall be:

1. For one-family or two-family dwellings or uses accessory thereto, ten percent of the width of such lot in lieu of the setback established by Section 20.30.200, provided that in no case shall the side setback requirement be less than four feet; and

2. For buildings used or intended to be used for any purpose other than a one-family or two-family use or uses accessory thereto shall have a side setback of not less than five feet.

(Ords. 26248, 29821.)

Notwithstanding the provisions of Section 20.30.200, in the R-M and R-MH residence districts, if a building situated or proposed to be situated within a lot has more than two and one-half stories, the side setback established by the provisions of Section 20.30.200 for such lot, if it is an interior lot, shall be increased one foot for each additional story above the second story. If, however, such lot shall have been of record since prior to July 1, 1929, and has a width of less than fifty feet, the side setback established by the provisions of Section 20.30.200 shall be reduced, in such instances, to ten percent of the width of such lot, but to not less than four feet.

(Ord. 26248.)

With respect to any interior or corner lot in an R-1 or R-2 residence district, and with respect to an

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interior lot in an R-M residence district, the rear setback may be reduced to twenty percent of the depth of such lot if the depth of such lot is less than one hundred feet and if, in addition, such lot has been of record, with such lesser depth, since prior to July 1, 1929. In no case can the rear setback be less than fifteen feet. (Ord. 26248.)

Notwithstanding the provisions of Section 20.30.200, the rear setback for a garage that is attached to a primary dwelling unit on a corner lot in a R-1 or R-2 residence district, may be reduced to five feet where all of the following provisions are met:

• A. The portion of the garage which is situated within twenty feet of the rear lot line of said corner lot maintains a corner side setback of ten feet. Notwithstanding this provision, the garage must meet the driveway length requirement of Section 20.90.130(C); and

• B. The portion of the garage which is situated within twenty feet of the rear lot line of said corner lot does not exceed sixteen feet in height.

(Ords. 26248, 29821, 30696.)

In the R-1 residence districts, new construction of a one-family dwelling or an addition, added to an existing one-family dwelling, that is a single story or an open or enclosed patio, where the maximum height of said new construction or addition with a sloped roof as measured halfway up any slope of the roof does not exceed twelve feet, and no portion of said addition exceeds a maximum height of sixteen feet above grade, shall have a minimum rear setback of fifteen feet, provided that such addition shall not occupy more than fifty

percent of the area between the minimum required rear setback as designated in Section 20.30.200 and said fifteen-foot rear setback.

(Ords. 26248, 26455, 29821, 30336.)

Where mobilehome lots rented to tenants in a mobilehome park in a R-MH residence district are proposed to be converted to separate lots or parcels, the minimum lot area and setbacks of the proposed lots or parcels may correspond to those of the mobilehome lots existing prior to the conversion. (Ord. 26248.)

In the R-1 and R-2 residence districts, the maximum height of a chimney, weather vane or other similar architectural embellishment mounted on a building and having a horizontal cross section of no more than twenty square feet may be increased to forty feet, provided that it does not exceed the height of the building on which it is mounted by more than five feet.

(Ords. 26248, 29011, 29821.)

One-story additions, including Accessory Dwelling Units, may be erected with the same side setback as an existing structure subject to the following restrictions:

• A. No such addition shall reduce, or further diminish a nonconforming setback.

• B. The total square footage of the proposed encroachment into the nonconforming side setback shall be no more than the square footage of the existing areas encroaching within the nonconforming Side Setback Area or one hundred fifty (150) square feet in area, whichever is less.

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• C. Said addition is a single-Story addition and shall not exceed twenty (20) feet in height.

• D. Only one such addition shall be Permitted.

• (Ords. 26248, 29011, 29821, 30353.)

Part 4

SETBACK REGULATIONS

Sections:

• 20.30.410 Stairs and porches.

• 20.30.420 Rear setbacks - Projections into.

• 20.30.430 Front setback - Parking and storage.

• 20.30.440 Front Setback - Limitation on Amount of Paved Surface.

Except as otherwise expressly and specifically provided in other sections of this Title, every part of every setback area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all buildings or structures except as follows:

• A. Sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than two feet into the air space above the surface of the ground in any setback area;

• B. In the R-1-2, R-1-1 and R-1-RR districts only, sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than four feet into the air space above the surface of the ground in any setback area;

• C. Any portion of a building including but not limited to bay windows, chimneys, or architectural elements that project out from the primary surface of the building facade, whether on a foundation or cantilevered, not occupying in the aggregate more than twenty percent of the length of the side of the building, may project horizontally for a distance of not more than two feet into any setback area, provided that such extensions maintain a minimum side setback of at least three feet and a minimum rear setback of at least ten feet;

• D. Tankless water heaters and power inverters may project horizontally for a distance of not more than two feet into any setback area;

• E. Wells for basement windows or stairs of up to ten feet in length each, not occupying in the aggregate more than twenty percent of the length of the side of the building on which they are located, may project horizontally for a distance of not more than two feet into the side and rear setback areas, provided that such extensions maintain a minimum side setback of three feet and a rear setback of fifteen feet;

• F. Overhead wires necessary for utility service to a building on the lot;

• G. Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical and other utility needs of the lot or of a building on the lot;

• H. Walks and driveways for vehicular or pedestrian access to the lot that are situated in any setback area shall not be higher than two feet above grade; and

• I. Mechanical equipment, including but not limited to, pool equipment and HVAC equipment, may be placed in the rear setback and shall maintain a five-foot setback from the rear property line, maintain a setback from the side property line

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§ 20.30.400

a distance equal to that of the side setback requirements of the respective zoning district, and adhere to the required front setback of the respective zoning district.

(Ords. 26248, 26455, 29011, 29821, 30396, 31095.)

Unenclosed porches and stairways, if they do not extend more than three feet above surface grade may extend into a front setback area not more than five feet. Porches and stairs may be covered. (Ords. 26248, 26455, 29821.)

The following encroachments are permitted into the air space above the surface of the ground in the rear setback area required Section 20.30.200; provided, however, that the horizontal distance, measured at any and all points between the vertical projection of any accessory building or structure (except an uncovered swimming pool, no part of which, other than diving boards, slides and ladder rails, is more than twelve inches above surface grade) and the vertical projection of such encroachments shall be not less than six feet, said permitted encroachments being as follows:

• A. In the R-M residence district, balconies, decks and corridors of the residential building if they are uncovered and unenclosed, and if the lowest part thereof is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area as set for in Table 20-60. Such balconies, decks and corridors shall not be supported by nor attached to any columns or walls situate in such required rear setback area which is covered by them or be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to them.

• B. Fire escapes of the residential building, if they are uncovered and unenclosed, and if the lowest part thereof when in a retracted position is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200.

• C. Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project horizontally for a distance of not more than four feet into the air space above the surface of the ground in the rear setback area required by other provisions of this title. Such eaves and/or such roof shall not be supported by nor attached to any columns or walls situate in such required rear setback area; nor shall any part of such required rear setback area which is covered by such eaves and/or such roof be enclosed with glass, screening or walls of any kind, nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves or such roof.

• D. Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project for a greater distance than four feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200, provided that:

  1. Such eaves and/or such roof may cover up to, but not more than, fifteen percent of such required rear setback area;

  2. No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be less than seven feet above surface grade;

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§ 20.30.495

3. No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be more than ten feet above surface grade;

4. No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required setback area shall have a vertical thickness of more than thirty-six inches;

5. Such eaves and/or such roof may be supported by columns which are situate in such required rear setback area, but shall not be supported by nor attached to walls which are situate in such required rear setback area;

6. No part of such eaves nor of such roof nor of any columns supporting such eaves and/or such roof shall be closer than fifteen feet, horizontally, to the rear property line; and

7. No part of such required rear setback area which is covered by such eaves and/or such roof shall be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves, such roof or columns supporting such eaves and/or such roof.

(Ords. 26248, 26455.)

No unmounted camper or vehicle, other than those vehicles expressly specified and allowed under Title 17 of this Code, shall be kept, stored or parked for a period of time in excess of forty-eight consecutive hours in the front setback area of any lot or parcel situated in a residential district or containing a residential use. Such parking or storage is limited to paved surfaces. (Ords. 26248, 26711.)

No more than fifty percent (50%) of the required front setback for any lot containing a onefamily dwelling or any lot located in any R-1 residence district with a frontage width of forty (40) feet or greater shall be paved with asphalt, cement or any other impervious or pervious surface.

1. For lots which have a frontage width less than forty (40) feet, paving in the front setback area is limited to ten (10) feet in width or fifty percent (50%) of the width of the lot an any given point, whichever is greater.

2. Notwithstanding subsection 1, for lots which have a frontage width less than forty (40) feet, a paved area directly contiguous with, and providing primary access to, two side by side required parking spaces, may exceed the fifty percent (50%) limitation as long as it is no more than twenty-five (25) feet long and eighteen (18) feet wide.

(Ords. 26248, 30133.)