San Jose Municipal Code Part 4 General Regulations

A. No establishment other than office uses, in any pedestrian oriented district shall be open between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100.

B. No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within one hundred fifty feet of any residential use between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100.

(Ord. 28858.)

No use shall be deemed to be a permitted use on a site in any pedestrian oriented zoning district unless it is being conducted as part of a business which maintains on that site a permanent, fully enclosed building erected pursuant to a valid building permit issued for that site, excepting only those uses specifically permitted, under this part or this title, to operate without a permanent building on site.

(Ord. 28858.)

No use, which in whole or in part, consists of, includes, or involves any outdoor activity or sale or storage of goods, products, merchandise or food outdoors shall occur on any lands if any part of such lands or any part of the lot on which such buildings are located is situated within one hundred fifty feet of residentially zoned property situated within or outside the city except with a special use permit as provided for in Chapter 20.100, except for the following:

A. Seasonal sales in accordance with the provisions in Part 14, Chapter 20.80.

B. Service windows for pedestrians or automatic teller machines for pedestrians, both of which are associated with financial institutions.

C. Outdoor retail displays located in the front setback that are associated with a commercial use on the property.

D. Plant nursery sales.

E. Outdoor dining incidental to a public eating establishment or a retail establishment or other outdoor uses associated with an on-site business shall be pursuant to and in compliance with Part 10.5 of Chapter 20.80. Outdoor dining within 150 feet of a residential zoning district that does not conform to Part 10.5 of Chapter 20.80 requires issuance of a Special Use Permit.

F. Outdoor vending of whole, uncut, fresh fruits and vegetables in conformance with Part 10, Chapter 20.80.

G. Small certified farmers' markets that are in conformance with Part 3.5, Chapter 20.80.

(Ords. 28858, 29254, 31079.)

No drive-through use shall be allowed unless the drive-through service window is separated from the main street by a minimum of one hundred feet and a building.

(Ords. 28858, 29011.)

No residential use which includes the provision of service to residents may offer services to nonresidents.

(Ord. 28858.)

A. All lighting or illumination shall conform with any lighting policy adopted by the city council.

B. No ground mounted light fixture shall exceed twenty-five feet in height.

C. Any lighting located adjacent to riparian areas shall be directed downward and away from riparian areas.

(Ord. 28858.)

Any and all lighting facilities hereafter erected, constructed, or used in connection with any use conducted on any property situate adjacent to a site or lot used for residential purposes shall be arranged and shielded that all light will be reflected away from any residential use so that there will be no glare which will cause unreasonable annoyance to occupants of such property, or otherwise interfere with the public health, safety, or welfare.

(Ord. 28858.)

Any use conducted on any property shall be effectively screened at the property line from any abutting property in a residential district. The screening required hereby shall be a masonry wall or a solid wooden fence five feet in height, except that any portion thereof situated in the required setback area from abutting public streets shall be not more than four feet; and in the event such use includes any outdoor activity, such screening shall also include such trees or plants as the director deems reasonable necessary to effectively screen such use from the adjoining residence district. Such screening shall at all times be maintained in good condition and be kept free at all times of signs. In addition, where a use involving outdoor activity is on a lot or parcel adjoining a residential district, such lot or parcel shall be landscaped in a manner approved by the director.

(Ord. 28858.)