The village hereby retains and assumes the right to zone, control and provide proper restrictions and zoning provisions in the territory one and one-half (11/2) miles adjacent to and surrounding the village limits. (1982 Code § 5-2-6)
10-1-2: GENERAL REQUIREMENTS:
Except as hereinafter provided:
A. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.
B. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
C. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
D. The minimum yards and other open spaces, including lot area per family, required by this title for each and every building existing at the effective date hereof, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.
E. Every building hereafter erected or structurally altered shall be located on a "lot", as defined in section 10-2-1 of this title, and in no case shall there be more than one main building on one lot unless otherwise provided in this title.
F. The front yard requirements on both streets of a corner lot shall be observed for all buildings and structures, including accessory buildings. (1982 Code § 5-2-5)
10-1-3: CERTIFICATE OF OCCUPANCY:
A. Required:
1. Generally:
a. Subsequent to the effective date hereof, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy shall state that the new occupancy complies with all provisions of this title. (1982 Code § 5-10-1)
b. No permit for excavation for, or the erection, construction or alteration of, any building shall be issued before an application has been made and approved for a certificate of occupancy and compliance, but no occupancy permit shall be issued until the erection, construction or alteration has been completed, inspected and approved by the building/zoning inspector, as established in subection 9-1-2A of this code, and no building or premises shall be occupied until that certificate and permit is issued. (1982 Code § 5-10-1; amd. 2016 Code)
2. Nonconforming Uses:
a. A certificate of occupancy shall be required of all nonconforming uses of land or buildings created by the adoption of these regulations. (1982 Code § 5-10-2)
b. Application for such certificate of occupancy for a nonconforming use shall be filed with the building/zoning inspector by the owner or lessee of the land or building occupied by such nonconforming use within two (2) years from the effective date hereof. It shall be the duty of the building/zoning inspector to issue a certificate of occupancy for nonconforming use. (1982 Code § 5-10-2; amd. 2016 Code)
c. Any nonconforming use for which an occupancy permit has not been obtained in conformity with the requirements of subsection A1 of this section shall be presumed to be operating in violation of this title, and such use shall thereupon be abated. (1982 Code § 5-10-2)
B. Records Of Certificates: A record of all certificates of occupancy shall be kept on file in the office of the building/zoning inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or in a building affected by such certificate of occupancy. (1982 Code § 5-10-1; amd. 2016 Code)
10-1-4: ENFORCEMENT:
A. Enforcement Officials: It shall be the duty of the building/zoning inspector to enforce this title. It shall also be the duty of all officers and employees of the village and especially of all members of the police department to assist the building/zoning inspector by reporting to him upon any new construction, reconstruction or land uses, or upon any seemingly violation.
B. Report Of Violations: The building/zoning inspector shall send a description of any violations of these regulations to the zoning board of appeals within fifteen (15) days after he discovers such violation.
C. Appeals: Appeals from the decision of the building/zoning inspector may be made to the zoning board of appeals as provided in title 2, chapter 1 of this code. (1982 Code § 5-2-7; amd. 2016 Code)
10-1-5: PENALTIES:
A. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for said violation, and each day that such a violation exists or continues shall be deemed a distinct and separate offense. (1982 Code § 5-2-8; amd. Ord. 14-485, 1-20-2014)
B. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the village attorney, in addition to other remedies, may institute any proper action or proceedings in the name of the village to prevent such unlawful erection, construction, repair, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about said premises. (1982 Code § 5-2-8)
San Jose City Zoning Code
CHAPTER 1
GENERAL ZONING PROVISIONS; ENFORCEMENT
10-1-1: TERRITORIAL JURISDICTION:
The village hereby retains and assumes the right to zone, control and provide proper restrictions and zoning provisions in the territory one and one-half (11/2) miles adjacent to and surrounding the village limits. (1982 Code § 5-2-6)
10-1-2: GENERAL REQUIREMENTS:
Except as hereinafter provided:
A. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.
B. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
C. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
D. The minimum yards and other open spaces, including lot area per family, required by this title for each and every building existing at the effective date hereof, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.
E. Every building hereafter erected or structurally altered shall be located on a "lot", as defined in section 10-2-1 of this title, and in no case shall there be more than one main building on one lot unless otherwise provided in this title.
F. The front yard requirements on both streets of a corner lot shall be observed for all buildings and structures, including accessory buildings. (1982 Code § 5-2-5)
10-1-3: CERTIFICATE OF OCCUPANCY:
A. Required:
1. Generally:
a. Subsequent to the effective date hereof, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy shall state that the new occupancy complies with all provisions of this title. (1982 Code § 5-10-1)
b. No permit for excavation for, or the erection, construction or alteration of, any building shall be issued before an application has been made and approved for a certificate of occupancy and compliance, but no occupancy permit shall be issued until the erection, construction or alteration has been completed, inspected and approved by the building/zoning inspector, as established in subection 9-1-2A of this code, and no building or premises shall be occupied until that certificate and permit is issued. (1982 Code § 5-10-1; amd. 2016 Code)
2. Nonconforming Uses:
a. A certificate of occupancy shall be required of all nonconforming uses of land or buildings created by the adoption of these regulations. (1982 Code § 5-10-2)
b. Application for such certificate of occupancy for a nonconforming use shall be filed with the building/zoning inspector by the owner or lessee of the land or building occupied by such nonconforming use within two (2) years from the effective date hereof. It shall be the duty of the building/zoning inspector to issue a certificate of occupancy for nonconforming use. (1982 Code § 5-10-2; amd. 2016 Code)
c. Any nonconforming use for which an occupancy permit has not been obtained in conformity with the requirements of subsection A1 of this section shall be presumed to be operating in violation of this title, and such use shall thereupon be abated. (1982 Code § 5-10-2)
B. Records Of Certificates: A record of all certificates of occupancy shall be kept on file in the office of the building/zoning inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or in a building affected by such certificate of occupancy. (1982 Code § 5-10-1; amd. 2016 Code)
10-1-4: ENFORCEMENT:
A. Enforcement Officials: It shall be the duty of the building/zoning inspector to enforce this title. It shall also be the duty of all officers and employees of the village and especially of all members of the police department to assist the building/zoning inspector by reporting to him upon any new construction, reconstruction or land uses, or upon any seemingly violation.
B. Report Of Violations: The building/zoning inspector shall send a description of any violations of these regulations to the zoning board of appeals within fifteen (15) days after he discovers such violation.
C. Appeals: Appeals from the decision of the building/zoning inspector may be made to the zoning board of appeals as provided in title 2, chapter 1 of this code. (1982 Code § 5-2-7; amd. 2016 Code)
10-1-5: PENALTIES:
A. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for said violation, and each day that such a violation exists or continues shall be deemed a distinct and separate offense. (1982 Code § 5-2-8; amd. Ord. 14-485, 1-20-2014)
B. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the village attorney, in addition to other remedies, may institute any proper action or proceedings in the name of the village to prevent such unlawful erection, construction, repair, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about said premises. (1982 Code § 5-2-8)