This title may be cited as the San José Zoning Code or the San José Zoning Ordinance.

(Ord. 26248.)

The purpose of this title is to promote and protect the public peace, health, safety, and general welfare, and in furtherance of the foregoing to do the following:

1.

To guide, control, and regulate future growth and development in the city in a sound and orderly manner, and to promote achievement of the goals and purposes of the San José General Plan;

2.

To protect the character and economic and social stability of agricultural, residential, commercial, industrial, and other areas in the city;

3.

To provide light, air, and privacy to property;

4.

To preserve and provide open space and prevent overcrowding of the land;

5.

To appropriately regulate the concentration of population;

6.

To provide access to property and prevent undue interference with and hazards to traffic on public rights-of-way; and

7.

To prevent unwarranted deterioration of the environment and to promote a balanced ecology.

(Ord. 26248.)

No person shall use, allow or suffer the use of any land, building or structure except in strict compliance with the provisions of this Title 20, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

(Ord. 26248.)

A.

In interpreting and applying the provisions of this Title, they shall be held to be for the purpose of promoting the public safety, health, convenience, comfort, prosperity, or general welfare of the community. It is not intended by this Title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this Title imposes a greater restriction upon the use of Buildings or premises or upon Height of Buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this Title shall govern.

B.

No provision of this Title is intended to nor shall be interpreted or applied to allow or authorize a use or Structure that violates federal, state or local law, provided, however that a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business that is in full compliance with all applicable state and local laws and regulations may assert an affirmative defense to criminal or civil enforcement of this Code where such enforcement action is based solely upon those operations by a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business that are expressly recognized in and fully conform to the provisions of this Code.

(Ords. 26248, 28958, 29011, 29420, 30029, 30209.)

A.

Any use of property contrary to the provisions of this title or any condition of a permit imposed pursuant to this title shall be, and is hereby declared to be, unlawful and a public nuisance. In any action with regard to such use, the city may apply to any court having jurisdiction for any relief as will abate or remove such use and restrain any person, firm or corporation from using any property contrary to the provisions of this title.

B.

This title may be enforced by an injunction issued out of the Superior Court upon suit by the city or the owner or occupant of any real property affected by such violation or prospective violation.

(Ord. 26248.)

A.

In order to regulate and restrict the location of residences, professions, businesses, trades, and industries, to regulate and restrict the location, height, and size of buildings and structures hereafter erected, enlarged or altered, and to regulate and determine the area, depth, and width of yards, setback areas, and other open spaces, the following classes of city zoning districts are hereby established, as set forth in Table 20-10:

B.

The foregoing zoning districts are listed in descending order of restrictiveness, that is, with the most restrictive district listed first and the least restrictive district listed last.

C.

In addition, the following special zoning districts are established as set forth in Table 20-20. The application of these districts is limited to specific geographic areas of the city as set forth in Section 20.70.010 and Section 20.75.020.

(Ords. 26248, 26455, 27091, 28858, 29218, 29364, 30603.)

A.

The planned development district is hereby established as a city zoning district classification. It may be referred to as planned development zone, planned development district or as PD district or PD zone.

B.

Every PD district shall be combined with an alternative base zoning district or districts. Any zoning district set forth in Section 20.10.060 may be utilized as a base district. The zone shall be referred to by the symbol for its base district followed by its planned district designation (e.g., A(PD)).

C.

The PD district shall be individually designed to meet the needs of the territory so zoned. It shall be adopted by a zoning ordinance which incorporates by reference a general development plan for the entirety of the subject property. The general development plan shall include drawings and text as specified in Section 20.120.510.

D.

Development of the subject property can hereafter occur only pursuant to an effective PD permit issued in strict conformity with the adopted general development plan or alternatively, in accordance with requirements for the base district if one exists.

E.

Under no circumstances shall the city ever be required to issue a PD permit. The discretion to grant or deny such permit is untrammeled and nothing contained in this title shall be deemed or construed to limit this discretion in any way whatsoever. Unless and until a PD permit has been issued and becomes effective, the subject territory may be used only as if it were situate in the base district alone.

(Ords. 26248, 26455.)

A.

All territory in the city has been divided into zoning districts shown on the official zoning maps maintained in the office of the director as modified and supplemented by individual zoning district maps and ordinances.

B.

Amendments to the existing zones shall be made by ordinances adopted as provided in Chapter 20.120 of this title. Such amendments shall not be included in the codified San José Municipal Code but such ordinances shall amend the zoning districts and shall be deemed incorporated into the official maps as if fully set forth therein.

C.

Any property located in the city that has not been specifically designated with a particular zoning district is hereby deemed to be zoned A-Agriculture.

(Ords. 26248, 26712.)

Where the boundaries of a district are not clearly identifiable, the following rules of interpretation shall apply:

1.

The boundary of a district is the center line of the street unless otherwise clearly delineated.

2.

The boundaries shall be deemed to be on the property line wherever it appears to be on the line.

(Ord. 26248.)

Unless specifically otherwise indicated or prohibited by ordinance of the city council or by applicable law, the director of planning shall be authorized to charge a fee as set forth in and in the manner described in a resolution adopted by the city council for each and every permit, accommodation, process or other authorization to be administered by the director under this title, which fee shall not exceed the costs incurred by the city in processing and providing the permit, accommodation, process or other authorization.

(Ord. 26896.)