Earlier editions: 2026-09
Title 20 — ZONING›Chapter 20.40 — COMMERCIAL ZONING DISTRICTS AND PUBLIC/QUASI-PUBLIC ZONING DISTRICT
San Jose Municipal Code Part 3 Development Regulations
San Jose Municipal Code · 2026-10 edition · updated 2026-10-04 · San Jose
Cite as: San Jose Municipal Code Part 3 · Text as of 2026-10-04
20.40.200 - Development standards.¶
All development in the Commercial Zoning Districts and the Public/Quasi-Public Zoning District shall conform to the development regulations set forth below in Table 20-100.
Table 20-100 Commercial Zoning Districts Development Standards
| Regulations | Zoning District | Zoning District | Zoning District | Zoning District | Zoning District |
|---|---|---|---|---|---|
| Regulations | CO | CP | CN | CG | PQP |
| Minimum lot area (square feet or acreage) | 6,000 | 6,000; or as established in approved Urban Village Plan | 6,000; or as established in approved Urban Village Plan | 1 acre (none if lot is located in a shopping center with shared access and shared parking among the lots) | 6,000 |
| Minimum Setback (feet) | Minimum Setback (feet) | Minimum Setback (feet) | Minimum Setback (feet) | Minimum Setback (feet) | Minimum Setback (feet) |
| Front | 10, or 15 where adjacent to side property line of R-1 district | no minimum, 10 feet maximum; or as established in approved Urban Village Plan | 10, or as established in approved Urban Village Plan | 15 | 10; less than 10 if established in approved development permit |
| Side, interior | 5 | none; or as established in approved Urban Village Plan | None, or as established in approved Urban Village Plan | none | 10; less than 10 if established in approved development permit |
| Side, corner | 12.5 | none; or as established in approved Urban Village Plan | 12.5 , or as established in approved Urban Village Plan | 12.5 | 10; less than 10 if established in approved development permit |
| Rear, interior | 25 | 25; or as established in approved Urban Village Plan | None, or as established in approved Urban Village Plan | none | 10; less than 10 if established in approved development permit |
| Rear, corner | 25 | 25; or as established in approved Urban Village Plan | None, or as established in approved Urban Village Plan | none | 10; less than 10 if established in approved development permit |
| Maximum height (feet) (Note 1 and 3) | 35, unless a different maximum is established in Chapter 20.85 | 50, unless a different maximum is established in Chapter 20.85 ; or as established in approved Urban Village Plan | 50, unless a different maximum is established in Chapter 20.85 , or as established in approved Urban Village Plan | 65, unless a different maximum is established in Chapter 20.85 | 65, unless a different maximum is established in Chapter 20.85 |
| Maximum individual occupant square footage (square feet) (Note 2) | 2,500/Personal service shop 5,000/Eating, drinking or entertainment establishment 15,000/All other uses (See Note 2); None in approved Urban Village Plan | ||||
| Parking | |||||
| See Chapter 20.90 | See Chapter 20.90 ; or established in approved Urban Village Plan | See Chapter 20.90 , or as established in approved Urban Village Plan | See Chapter 20.90 | See Chapter 20.90 unless a different minimum is established in an approved Development Permit |
Notes:
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.
In the CP commercial pedestrian district, lots located wholly within the West San Carlos Street neighborhood business district, as indicated on the general plan land use diagram, shall not be subject to the maximum individual occupant square footage requirements set forth in this section.
An alternative maximum residential density and height may be established in the Neighborhood Business District Overlay as described in Part 5 of Chapter 20.65. Where an alternative maximum heights and residential density restrictions has been established as described in Part 5 of Chapter 20.65, that regulation shall govern and control over the provisions of this section.
(Ords. 26248, 26455, 27457, 29176, 29218, 29364, 30516, 31168.)
20.40.210 - Setback - Abutting alley.¶
In computing the depth of a rear setback area for any building, where such rear setback area opens onto a public alley, one-half of such alley may be assumed to be a portion of the rear setback area.
(Ord. 26248.)
20.40.220 - Maximum individual tenant square footage - CP district.¶
The maximum tenant square footage in the CP district may be exceeded only pursuant to and in conformance with an approved conditional use permit as set forth in Chapter 20.100.
(Ord. 26248.)
20.40.230 - Maximum height - Exception, number of stories - Exception.¶
Notwithstanding the provisions of Section 20.40.200, in any commercial district, the maximum height restrictions shall not apply to SRO residential hotels, SRO living unit facilities and mixed commercial/residential projects.
(Ords. 26248, 29218, 30336, 30396.)
20.40.240 - Lot area - Exception.¶
Notwithstanding the provisions of Section 20.40.200, in all the commercial districts, the minimum area of a lot, whose area as shown on a final subdivision map approved by the city, is less than the minimum required but not less than five thousand square feet, shall be the area shown for such lot or parcel on such subdivision map.
(Ord. 26248.)
20.40.250 - Front setback - Exception, streets with residence districts.¶
Notwithstanding, the provisions of Section 20.40.200 where lots situate on one side of a street between two intersecting streets are situate partly in a commercial district and partly in a residence district, the front setback requirements applicable to such residence district shall apply to all lots in the Commercial District, except that where a lot or lots situate within a Commercial District are located on one side of a street between an intersecting street and a lot located in a Residence District, the front setback requirements of the Residence District shall apply only to that portion of the lot or lots situate in the Commercial District that is located within twenty feet of the lot situate within a Residence District. The provisions of this section shall not apply to lots in the CP Commercial Pedestrian District and lots in the PQP Public/Quasi-Public District.
(Ords. 26248, 28449, 29364.)
20.40.260 - Front setback - Exception, CP district.¶
The director may grant an exception to the maximum front setback for a lot in the CP commercial district if he finds that the adjacent lot(s) have a greater setback and the allowance of a greater setback on the subject lot would promote a more consistent pattern of development, and/or the greater setback is needed to accommodate building design elements.
(Ords. 26248, 26455.)
20.40.270 - Side setback - Exceptions, interior lot.¶
Notwithstanding the provisions of Section 20.40.200, in the CP commercial district, a building side setback shall be required for interior lots on that side of each such lot which abuts on the side of a lot situated in a residence district, in which case the side setback requirements shall be a minimum of ten feet.
(Ords. 26248, 27457.)
20.40.290 - Rear setback - Exception, property abutting a commercial or less restrictive district.¶
Notwithstanding the provisions of Section 20.40.200, there shall be no rear setback for property situate in any commercial district whenever the entire rear property line of such property abuts property situate in any commercial district or less restrictive district.
(Ord. 26248.)
20.40.300 - Reserved.¶
Editor's note— Section 20.40.300, pertaining to Exception - Maximum Number of Stories, Height, and Floor Area Ratio Exception, was repealed by Ordinance 29218, Adopted February 26, 2013.
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