Part 3 — USE REGULATIONS

A.

"Permitted" land uses are indicated by a "P" on Table 20-156.

B.

"Conditional" uses are indicated by a "C" on Table 20-156. 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 20-156. 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.

"Administrative" uses are indicated by an "A" on Table 20-156. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an Administrative Permit as set forth in Chapter 20.100.

E.

Land uses not permitted are indicated by a "-" on Table 20-156. Land uses not listed on Table 20-156 are not permitted.

F.

When the right column of Table 20-156 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 20 and any other title of the San José Municipal Code.

G.

"Restricted" land uses are indicated by an "R" on Table 20-156. 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.

Table 20-156 Pedestrian Oriented Districts Land Use Regulations

Use Main Street Zoning Districts Applicable Sections MS-G MS-C & Notes Ground Residential All Other Floor Street Commercial Frontage Frontage

General Retail

Retail sales, goods and merchandise P - P P

Off-sale Alcoholic Beverages - beer C - C C Section and/or wine only 20.80.900

Off-sale Alcoholic Beverages - full C - C C Section range of Alcoholic Beverages 20.80.900

Bakery, retail P - P P

Certified Farmers' Market S - S S Part 3.5, Chapter 20.80

Certified Farmers' Market - small P - P P Part 3.5, Chapter 20.80

Food, beverage, groceries P - P P

Neighborhood Agriculture - P - - Part 9, Chapter 20.80

Nursery, Plant - - P P Note 1

Outdoor Vending A - A A Part 10, Chapter 20.80

Outdoor Vending - fresh fruits and P - P P Part 10, vegetables Chapter 20.80

Pawn shop/broker C - C C See Title 6

Seasonal sales P - P P Part 14, Chapter 20.80

Art Studio, Retail P - P P Part 13.7, Chapter 20.80

Education and Training

Child Day Care Center located on an - - P P existing School Site or as an incident to an on-site church/religious assembly use involving no Building additions or changes to the site

Day care center S - S S

Art Studio, Instructional P - P P

Art Studio, Instructional, with live C - C C models

Private Instruction, personal P - P P enrichment

School-elementary and secondary P - P P (public)

School-elementary and secondary C - C C (private)

School, driving (class C & M license) P - P P Note 2

School, Post-Secondary P - P P Note 3

School, Trade and Vocational C - C C

Entertainment and Recreation Related

Amusement Game Arcade C - C C

Dancehall C - C C

Poolroom/Billiard-Room C - C C

Private club or lodge C - C C

Recreation, Commercial/Indoor P - P P

Recreation, Commercial/Outdoor - - C C

Relocated Cardroom - - - -

Theatre, indoor C - C C

Theatre, outdoor - - C C

Assembly C - C C

Food Services

Banquet - Facility C - C C

Caterer P - P P Note 4

Drinking Establishments C - C C

Drinking Establishment interior to a P - P P Section full-service Hotel/Motel with 75 or 20.80.475 more guest rooms

Public Eating Establishments P - P P

Outdoor dining, incidental to a P - P P Section Public Eating Establishment or a 20.75.320 retail establishment

Wineries, breweries C - C C

Health and veterinary services

Animal boarding, indoor - - P P Note 5

Animal grooming P - P P Note 5

Emergency ambulance service - - C C

Hospital/in-patient facility C - C C

Medical cannabis dispensary R - R R Part 9.75, Chapter 20.80

Cannabis retail storefront R - R R Part 9.75, Chapter 20.80

Medical cannabis collective R - R R Part 9.75, dispensary site only Chapter 20.80

Medical clinic/out-patient facility P - P P

Office, Medical P - P P

Veterinary clinic P - P P

General Services

Bed and Breakfast Inn - - P P Part 2, Chapter 20.80

Dry cleaner P - P P

Hotel/Motel - - P P

Laundromat P - P P

Maintenance and repair, Small P - P P Household Appliances

Messenger services P - P P Note 2

Mortuary and Funeral Services P - P P

Personal Services P - P P Section 20.200.880

Photo processing and developing P - P P

Printing and publishing P - P P

Social service agency P - P P

Offices and Financial Services

Automatic teller machine P - P P Section 20.80.200

Business Support Use P - P P

Financial institution P - P P

Office, General Business P - P P

Public, Quasi-Public and Assembly Uses

Cemetery - - - -

Church/religious assembly C - C C

Museums, libraries, parks, P - P P playgrounds, or community centers (publicly operated)

Museums, libraries, parks, C - C C playgrounds, or community centers (privately operated)

Residential/Mixed Use

Multiple dwellings - C C C Section 20.75.210; Note 13

Residential accessory uses, - P P P Section including, recreation facilities, mail 20.75.210 rooms, laundry facilities, storage and other similar facilities

Home Occupation - P P P Part 9, Chapter 20.80

Mixed Use/ground floor commercial C - C C Section with residential above 20.75.210; Note 14

100% deed-restricted affordable P P P P Note 15 housing

Emergency Residential Shelter - - - - Section 20.80.500

Live/Work Uses C - S - Part 9.5, Chapter 20.80 & Section 20.75.210

Residential Care Facility, six or fewer - P P P Section persons 20.75.210

Residential Service Facility, six or - P P P Section fewer persons 20.75.210

Residential Care Facility for seven or - C C C Section more persons 20.75.210

Residential Service Facility for seven - C C C Section or more persons 20.75.210

Single Room Occupancy (SRO) - - C C Note 13; Residential Hotel Part 15, Chapter 20.80

Single Room Occupancy (SRO) - - C C Note 13; Living Unit Facility Part 15, Chapter 20.80; Section 20.75.210

Drive-Through Uses

Drive Through Uses in conjunction - - C C Section with any use 20.75.330

Recycling Uses

Reverse Vending Machine A P A A Part 13, Chapter 20.80

Small Collection Facility A - A A Part 13, Chapter 20.80

Transportation and Utilities

Data Center - - - -

Community television antenna - - C C systems

Off-site, Alternating Use and S S S S Section Alternative Parking Arrangements 20.90.200

Off-street Parking Establishment C - C C Section

Utility Structures A A A A Part 19, Chapter 20.80 and Section

Utility Facilities, excluding C C C C corporation yards, storage or repair yards and warehouses

Television, radio studios without - - - - antenna/dishes

Short term parking lot for uses or - - C C Note 6 events other than on-site

Wireless Communications Antenna - - C C Note 12, Sections 20.100.1300, 20.80.1915

Wireless Communications Antenna, - - S S Note 12, Slimline Monopole Sections 20.80.1900, 20.80.1915

Wireless Communications Antenna, P P P P Note 12, Building Mounted Sections 20.80.1910, 20.80.1915

Electrical Power Generation

Private Electrical Power Generation - - C C Note 2 Facility

Co-generation Facility S - S S

Stand-by or Backup Electrical Power Generation Facility

Facilities that do not exceed noise or A S A A air standards

Facilities that do exceed noise or air C - C C standards

Temporary Stand-by or Backup P - P P Electrical Power Generation Facility

Solar Photovoltaic Power system P P P P Section

Vehicle Related Uses

Accessory installation, passenger P - P P vehicles and pick-up trucks, indoors

Auto broker, wholesale, no on-site P - P P storage

Car wash, detailing - - - -

Gasoline Service Station or Charge - - - - Station

Gasoline Service Station or Charge - - - - Station with incidental service and repair

Glass sales, installation and tinting P - P P Note 10

Sale or lease, commercial vehicles - - - - Note 10

Sale or lease passenger vehicles, S - S S Note 9, Note pick-up trucks not exceeding 25 feet 10 in length, and motorcycles, indoors

Rental passenger vehicles, pick-up S - S S Note 2 trucks not exceeding 25 feet in length, and motorcycles

Sale, vehicle parts S - S S Note 8

Tires, batteries, lube, oil change, S - S S Note 7, Note smog check station, air conditioning 10 servicing of passenger vehicles and pick-up trucks

Historic Reuse

Historic Landmark Structure reuse S C S S Part 8.5 Chapter 20.80

Notes:

Landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.

No on-site storage of vehicles permitted.

Includes public and private colleges and universities, as well as extension programs and business schools.

Not a catering facility.

All uses involving any type of care for animals, including but not limited to grooming, boarding, or medical care must be conducted wholly inside a building.

Use must be less than twenty-four hours.

Non-engine and exhaust related service and repair allowed as incidental.

No outdoor sales areas or dismantling allowed.

Incidental repair of vehicles is prohibited.

All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.

Pedestal charge stations that are incidental to a separate primary use, that do not impact on-site or off-site vehicular circulation, and that serve patrons or residents of the primary use on-site are permitted in all pedestrian oriented zoning districts.

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

Transitional Housing is allowed as any residential housing type and must follow the permit process for such residential housing type.

Permanent Supportive Housing is allowed as a residential component of Mixed Use/ground floor commercial with residential above.

100% deed-restricted affordable housing is a permitted use for residential housing type, and any commercial space requirements shall not apply; subject to conformance with General Plan policies and state law mandates. Refer to Chapter 20.195 for information regarding the ministerial approval process.

(Ords. 28858, 29011, 29254, 29546, 30422, 30480, 30516, 30727, 30786, 30984.)

Residential uses in the MS-C district shall only be allowed in a vertical mixed-use configuration under a single development permit covering a minimum site area of eight acres.

(Ord. 28858.)

Residential accessory uses, including recreation facilities, mail rooms, laundry facilities, storage and other similar facilities shall be allowed on a ground floor commercial frontage pursuant to a conditional use permit, provided such uses do not reduce the required active commercial building frontage required in Table 20-152 of Section 20.75.140. "Ground floor commercial frontage" means the ground floor area of a lot that has a main street or major cross street frontage located between the build-to-line and a parallel line located sixty feet back from the build-to-line.

(Ord. 29011.)

Where residential use has been permitted pursuant to a conditional use permit, special use permit or administrative permit, incidental transient occupancy in compliance with Part 2.5 of Chapter 20.80 is a permitted use of the permitted dwelling.

(Ord. 29523.)