Gilroy City Zoning Code
ARTICLE XLVI
EXCEPTIONS
§ 30.46.10 Public service exceptions.
This chapter shall not limit or interfere with the temporary use of any property as a public voting place; or with the construction, installation or operation by any public agency or private corporation of any power transmission and distribution line, communication facility, or transportation line or conduit; or of any incidental appurtenances to any of the above, when located in a street or a utility easement. This section does not apply to communication facilities regulated by Article XXXV.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.20 Residential lot area requirement exceptions.
Even though the area is less than the minimum required by this chapter, any of the following specified residentially zoned lots or parcels of land may be used as a building site if all other requirements are met; provided, that the number of dwelling units constructed is consistent with the density restrictions specified by the Zoning Ordinance:
(a)
Any lot shown on a subdivision recorded prior to the twentieth day of September, 1937, or of record as a separate parcel at the time of annexation to the city.
(b)
Any other parcel of land purchased prior to the twentieth day of September, 1937, by the present owner or by a person from whom the present owner acquired it through testamentary disposition or intestate succession, where no adjacent land is owned by the same person.
(c)
Any lot or parcel of land, where the deficiency in width or area is due exclusively to the taking of a portion thereof for a public purpose or the sale of a portion thereof to any agency or political subdivision of the state or federal government.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.30 Lot coverage exceptions.
In applying the regulations of this chapter, the features of a structure as hereinafter set forth shall not be included as coverage and may project into a required yard space to the extent specified. None of the identified exceptions shall be permitted if they encroach into an adopted plan line, right-of-way or public use easement.
(a)
Cornices, canopies, eaves or other projections that do not increase the volume of space enclosed by the building may project up to three (3) feet into a required yard.
(b)
Fire escapes may project into a required yard up to four (4) feet, six (6) inches.
(c)
An uncovered stair and landing that does not extend above a ground floor entrance except for the railing may project up to three (3) feet into a required yard.
(d)
Bay windows and chimneys may project up to three (3) feet into a required yard; provided, that they do not occupy, in the aggregate, more than one-third (1/3) the length of the building wall on which they are located.
(e)
Equipment and/or structures enclosing such equipment that are attached to the main building or an accessory structure (e.g., solar panels, water storage tanks, heating and air conditioning equipment, or similar mechanical equipment) shall be permitted to encroach into a required rear or side yard area, provided that they do not encroach more than fifty percent (50%) into the rear or side yard area.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.40 Density bonus for affordable housing developments.
Density bonus provisions shall be governed by the state density bonus law, Government Code Section 65915 et seq.
(Ord. No. 2019-08, § 26, 10-7-2019)
§ 30.46.41 Application and processing.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.42 Duration of program.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.43 Rental and sales price.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.44 Compliance with the residential development ordinance.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.45 Additional incentives.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.46 Number of units.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.47 Density bonus agreement.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
§ 30.46.48 Severability.
Repealed by Ord. 2014-06.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-2013)
