San Jose Municipal Code Part 3 Development Regulations

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

Table 20-60 Residential Zoning Districts Development Standards

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 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 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.

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.)