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San Jose City Zoning Code

CHAPTER 3

ZONING DISTRICTS AND MAP

10-3-1: DISTRICTS ESTABLISHED:

In order to classify, regulate and restrict the locations of trades, industries and buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and determine the intensity of use of the lot areas, and to regulate and determine the areas of yards, courts and other open spaces within and surrounding such buildings, the village is hereby divided into districts, of which there shall be five (5) in number, known as:
A Single-family dwelling district
E Multi-family residential district
B Country district
C Business and commercial district
D Industrial district
(1982 Code § 5-2-1; amd. Ord. 319, 3-20-1995)

10-3-2: ZONING MAP:

The boundaries of the districts are shown upon the map designated as the "district map", which is made a part of this title by reference. Said district map and all notations, references and other information shown thereon are considered a part of this title and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which district map is properly attested and is on file with the village clerk. (1982 Code § 5-2-2)

10-3-3: DETERMINATION OF DISTRICT BOUNDARIES:

Where uncertainty may exist with respect to the boundaries of the various districts as shown on the district map, the following rules shall apply:
   A.   The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the district map are bounded approximately by the street or alley lines, the street or alley shall be construed to be the boundary of the district.
   B.   Where district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines; and where the districts designated on said district map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
   C.   In unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the map. (1982 Code § 5-2-2)

10-3-4: ZONING OF ANNEXED PROPERTY:

Any and all property which may hereafter be annexed to the village shall, prior to the election at which the question of such annexation is to be submitted to the citizens of the village, be studied by the zoning board of appeals and tentatively classified into one or more of the several districts. Such property, when such annexation shall become final, shall be in the district as designated by the zoning board of appeals. Within six (6) months of the date of such annexation, the zoning board of appeals shall call a public hearing for the purpose of zoning such annexed property and, within thirty (30) days after such hearing, shall recommend to the village board that the annexation ordinance be amended so as to classify such property in accordance with such recommendations. (Note: All property annexed to the village shall be classified as a class A district until this classification is changed by amendment to this title.) (1982 Code § 5-2-3; amd. 2016 Code)

10-3-5: ZONING OF VACATED PUBLIC WAYS:

Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such a vacation, and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. (1982 Code § 5-2-4)