San Jose Municipal Code Part 5 Accessory Buildings and Structures

A. All accessory buildings and accessory structures in the residential zoning districts shall conform to the development regulations set forth below in Table 20-70.

B. When the right column of Table 20-70 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply.

Table 20-70 Accessory Buildings and Structures Development Regulations

Front Setback (feet)

Notes:

1. Measured from front property line which is opposite the designated side property line.

2. On a corner lot, no accessory buildings or accessory structures, excluding fences and retaining walls, shall be built within ten feet of the side property line adjacent to a street.

3. With respect to accessory buildings or accessory structures, where any such building or structure is proposed to be constructed on a corner lot which abuts upon a key lot which is for residential use, such building or structure shall be set back not less than four feet from the rear lot line of such lot, provided that the setback for swimming pools shall not, in any event, be reduced to less than five feet.

4. Maximum height of two feet measured from existing grade, unless a greater height is otherwise approved with a Special Use Permit, pursuant to Chapter 20.100, Part 7.

5. The size of an individual accessory building or accessory structure or the total aggregate square footage of all accessory buildings and accessory structures built on any property may be increased to exceed six hundred fifty square feet only pursuant to a special use permit, as provided for in Chapter 20.100 of this Title.

6. For purposes of this Section, the calculation of square footage shall not include any square footage of an accessory building or accessory structure that is entirely below grade.

7. Per Section 20.200.020, an accessory building shall not contain living space or sleeping quarters, and shall be limited to two plumbing connections to serve an appliance or fixture, and unconditioned space as defined in Title 24 of the San José Municipal Code.

8. Increased setbacks may be required based upon fire and life safety requirements in this Code.

(Ords. 26248, 28320, 28448, 29011, 29821, 30282, 30696, 31095.)

A. The cumulative total of the rear yard covered by any part of accessory buildings and accessory structures (not including built-in swimming pools) built in the rear yard shall not exceed 40% (forty percent), of which accessory buildings cannot exceed 30% (thirty percent). For the purposes of this Section, eave projections of up to two feet will not be counted towards rear yard coverage for an accessory building and accessory structure.

B. The cumulative total of the rear yard covered by any part of a built-in swimming pool shall not exceed 60% (sixty percent). In calculating the maximum allowable rear yard coverage for a built-in swimming pool, the cumulative total of any part of any accessory building(s) and structure(s) shall be added to the area of the built-in swimming pool.

(Ords. 26248, 31095.)

The horizontal distance between any and all points between the building walls of any accessory building and the building walls of any other building on the property including any other accessory building(s) shall not be less than six feet. Eaves may be closer than six feet but will have to meet any applicable building code regulations.

(Ords. 26248, 28448.)

A. Notwithstanding Section 20.30.500, in the R-1, R-2 and R-M residence districts, the maximum height of an accessory building or structure with a sloped roof may exceed twelve feet provided the height halfway up any slope of a pitched, gable or hip roof does not exceed twelve feet and no portion of the accessory building exceeds a maximum height of sixteen feet.

B. Notwithstanding any other provision of this part, the maximum height of a solar photovoltaic system mounted on an accessory building may exceed the maximum height allowed by Section 20.30.500 and Section 20.30.530 A if the solar photovoltaic system conforms to the following criteria:

1. The solar photovoltaic system is mounted on an accessory building in a manner that conforms to the height requirements of a roof on that structure; or

2. The solar photovoltaic system is mounted on an accessory building and no portion of the solar photovoltaic system extends more than five feet above the height of the existing roof and no portion of the solar photovoltaic system exceeds a maximum height of twenty-one feet.

(Ords. 28320, 29821, 30696.)