San Jose Municipal Code Part 4 Setback Regulations

Except as otherwise expressly and specifically provided in other sections of this Title, every part of every Setback Area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all Buildings or Structures except as follows:

A. Sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than two (2) feet into the air space above the surface of the ground in any Setback Area;

B. Any portion of a building (including but not limited to bay windows, chimneys, or architectural elements that project out from the primary surface of the Building Facade, whether on a foundation or cantilevered) not occupying in the aggregate more than twenty percent (20%) of the length of the side of the Building, may project horizontally for a distance of not more than two (2) feet into any Setback Area, provided that such extensions maintain a minimum Setback of at least three (3) feet;

C. In addition to projection into the Setback Area allowed under Subsection B., wells for Basement windows or stairs of up to ten (10) feet in length each, not occupying in the aggregate more than twenty percent (20%) of the length of the side of the Building on which they are located, may project horizontally for a distance of not more than two (2) feet into the Side and Rear Setback Area, provided that such extensions maintain a minimum Setback of three (3) feet;

D. Tankless water heaters, heat pumps, and power inverters may project horizontally for a distance of not more than two (2) feet into any Setback Area provided such extensions maintain a minimum side setback of three feet;

E. Overhead wires necessary for electrical and telephone service to a Building on the Lot;

F. Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical needs of the Lot or of a Building on the Lot; and

G. Walks and driveways for vehicular or pedestrian access to the Lot; and

H. Short-term Bicycle Parking Facilities that meet the following requirements:

1. Compliance with the provisions of Chapter 20.90 and all applicable local, State, and Federal standards including but not limited to Building and Fire regulations; and

2. Adequate screening with landscaping or architectural elements from public view; and

3. Maintenance of a minimum of a five (5) foot Front Setback Area that is open, unobstructed, and unoccupied; and

4. Design that ensures adequate circulation of vehicles, bicycles, and people.

(Ords. 26248, 29011, 29364, 31298.)