San Jose Municipal Code Part 2 Uses Allowed

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.

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

Notes:

1. Only one one-family dwelling unit per lot in the R-1, R-2, R-M and R-MH districts, unless allowed pursuant to the provisions of Part 8, Part 9, or Part 9.5 of Chapter 20.30, where applicable.

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.

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-four-hour 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. Supportive housing and transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type within the same zone.

11. Child Day Care Centers are considered a permitted use when co-located as part of a multi-family housing development that is equal or less in square footage when compared to the multi-family development.

(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, 31298, 31329.)

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 non-residents.

4. All required state licenses must be maintained.

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

(Ord. 26248.)

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

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.)

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.