San Jose Municipal Code Part 3 Space and Occupancy Standards

All buildings shall be located with respect to property lines and to other buildings on the same property as required by Section 504 and Part rv of the Building Code. Exit courts from apartment houses to the public way shall not be less than forty-four inches in width and seven feet in height.

(Prior code § 5503.1; Ord. 20659.)

A. Scope. This section shall apply to front yards and any courts having required windows opening therein.

B. Yards. Every yard shall be not less than three feet in width for one-story and two-story buildings. For buildings more than two stories in height, the minimum width of the yard shall be increased at the rate of one foot for each additional story. Where yards completely surround the building, the required width may be reduced by one foot. For buildings exceeding fourteen stories in height, the required width of the yard shall be computed on the basis of fourteen stories.

C. Courts.

1. Size of Courts.

a. Every court shall be not less than three feet in width. Courts having windows opening on opposite sides shall be not less than six feet in width.

b. Courts bounded on three or more sides by the walls of the building shall be not less than ten feet in length unless bounded on one end by a street or yard.

c. For buildings more than two stories in height, the court shall be increased by one foot in width and two feet in length for each additional story.

d. For buildings exceeding fourteen stories in height, the required dimensions shall be computed on the basis of fourteen stories.

2. Access and Air Intake.

a. Adequate access shall be provided to the bottom of all courts for cleaning purposes.

b. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom of not less than ten square feet in area and leading to the exterior of the building unless abutting a yard or public space.

c. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire-resistive.

(Prior code § 5503.2; Ords. 20659, 21974.)

A. 1.

Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet six inches except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than seven feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty-eight inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members provided that the bottom of the members is not less than seven feet above the floor.

2. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.

3. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than seven feet.

B. Floor Area.

1. Every dwelling unit shall have at least one room which shall have not less than one hundred fifty square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty square feet for each occupant in excess of two.

2. Exceptions-Efficiency unit: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements:

a. The unit shall have a living room of not less than two hundred twenty square feet of surficial floor area. An additional one hundred square feet of surficial floor area shall be provided for each occupant of such unit in excess of two.

b. The unit shall be provided with a separate closet.

c. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front. Light and ventilation conforming to this Code shall be provided.

d. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

3. Exceptions-Single-room occupancy units: Nothing in this section shall prohibit the use of an efficiency living unit within a single-room occupancy (SRO) living unit facility where such unit meets the following requirements:

a. The living unit is designed for occupancy by and is occupied by no more than two persons.

b. The living unit has a minimum floor area of one hundred fifty square feet.

C. Width. No habitable room shall be less than seven feet in any dimension, and no water closet space less than thirty inches in width, and such water closet space shall provide a clear space in front of the toilet stool of not less than twenty-four inches.

(Prior code § 5503.3; Ords. 20659, 23528.)

A. Natural Light and Ventilation. All guestrooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of ten square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation means of openable exterior openings with an area not less than one-twentieth of the floor area of such rooms with a minimum of one and one-half square feet.

All guestrooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum of five square feet.

B. Origin of Light and Ventilation. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building.

Exception: Required windows may open into a roofed porch where the porch:

1. Abuts a street, yard or court; and

2. Has a ceiling height of not less than seven feet; and

3. Has the longer side at least sixty-five percent open and unobstructed.

A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not less than four feet in least dimension. No vent shaft shall extend through more than two stories. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five square feet, whichever is greater.

C. Mechanical Ventilation. In lieu of required exterior openings for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of providing two air changes per hour in all guestrooms, dormitories, habitable rooms and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system conducted directly to the outside, capable of providing five air changes per hour, shall be provided.

D. Hallways. All public hallways, stairs and other exitways shall be adequately lighted at all times in accordance with Section 3312(a) of the Building Code.

(Prior code § 5503.4; Ord. 20659.)

A. Dwelling Units. Every type of dwelling unit shall be equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower as required by this Code.

B. Hotels. Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in excess of ten. Such facilities shall be clearly marked for "men" or "women." As an alternative, adequate unisex facilities may be provided.

C. Kitchen. Each independent dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. No wooden sink or sink of similarly absorbent material shall be permitted.

D. Fixtures. All plumbing fixtures shall:

1. Be connected to a sanitary sewer or an approved private sewage disposal system;

2. Be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation; and

3. Be of an approved glazed earthenware type or of a similarly nonabsorbent material.

E. Water Closet Compartments. Water closet compartments, including but not limited to walls and floors of water closet compartments, toilet facilities, shower areas, and doors and panels shall be finished in accordance with applicable provisions of the building code.

F. Room Separations. Every water closet, bathtub or shower required by this Code shall be installed in a room which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting door.

G. Installation and Maintenance. All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with all applicable laws.

(Prior code § 5503.5; Ords. 20659, 21974.)