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San Jose City Zoning Code

CHAPTER 4

RESIDENTIAL DISTRICTS

10-4A-1: SCOPE:

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the district regulations in a single-family dwelling district. (See section 10-2-1 of this title for the definition of single-family dwelling.) (Ord. 383, 11-18-2002, eff. 12-1-2002)

10-4A-2: PERMITTED USES; FLOOR AREA AND SIZE:

A building or premises shall be used only for the following purposes:
Single-family dwellings of a minimum of one thousand (1,000) square feet of floor area for the main structure, exclusive of one story open porches and garages or eight hundred fifty (850) square feet with full basement or multiple story structure.
Accessory buildings including a class I garage and accessory uses customarily incidental to the above uses, not involving the conduct of a business. Accessory buildings shall also include places of worship but only when off street parking is provided upon the lot or within two hundred feet (200') thereof, which space is adequate to accommodate one car for every eight (8) persons for which seating is provided in the main auditorium of the place of worship. Also public schools, elementary, high, colleges or private schools, having no rooms used for housing or sleeping purposes.
Signs appertaining to the lease, hire or sale of a building or premises, not exceeding ten (10) square feet in area are acceptable. (Ord. 383, 11-18-2002, eff. 12-1-2002; amd. 2016 Code)

10-4A-3: LOT AND AREA REGULATIONS:

   A.   Building Setback; Permitted Encroachments:
      1.   No building, except garages and other buildings incidental to home occupancy, whether stationary or portable, shall be erected closer than twenty five feet (25') to the property line nor more than fifty six feet (56') from the property line where a street exists, this measurement being to the front foundation line of the building.
      2.   Unenclosed covered porches, the floors of which are not higher than the level of the first floor may encroach on such restricted areas by projection thereon not more than five feet (5') and not exceeding fifty (50) square feet in area. Uncovered porches and terraces may encroach on such areas by projecting thereon not more than fifteen feet (15').
   B.   Yards:
      1.   Front Yard: The front yard shall be determined by the twenty five foot (25') setback.
      2.   Side Yards:
         a.   Interior lots (other than corner lots): Except as may be hereinafter provided, there shall be a side yard on each side of the building having a width of not less than five feet (5') measured from the foundation of the major structure; except, that a detached garage or other outbuilding, whether stationary or portable, located fifty six feet (56') or more from the front property line, may be located within three feet (3') of the property line.
         b.   Corner lots:
            (1)   The measurement on the lot division line side shall apply as stated in subsection B2a of this section.
            (2)   To the street side, subsection B2a of this section shall apply; with the exception, that a detached garage or other outbuilding located fifty six feet (56') from the front property line shall have at least the same setback from the street side property line as the existing main structure.
      3.   Rear Yard:
         a.   The rear yard shall consist of twenty percent (20%) of the area of the lot.
         b.   No building shall be built closer than thirteen feet (13') to the rear property line; the "rear property line" being defined as the center of the alley if such exists. If no alley exists, it shall be five feet (5') from the rear of the property line.
   C.   One Building Per Lot: Not more than one dwelling shall be occupied or constructed on any one lot in the village within the A district.
   D.   Permitted Encroachments: Uncovered porches or terraces may be built and maintained within any part of the free and open spaces as long as they do not encroach within five feet (5') of a lot division line.
   E.   Variations: Should any change or variation from the regulation of this section be requested on the building permit, the building permit shall be denied by the building/zoning inspector and returned to the village clerk who will notify the zoning board of a need for a meeting of said board to consider the variation and then they will make a recommendation to the village board who will determine the final decision. (Ord. 383, 11-18-2002, eff. 12-1-2002; amd. 2016 Code)

10-4A-4: BUILDING HEIGHT:

No building shall exceed forty feet (40') in height, measured from the ground level, excluding basement, to the highest point on the roof. (Ord. 383, 11-18-2002, eff. 12-1-2002; amd. Ord. 22-571, 4-25-2022, eff. 5-5-2022)

10-4A-5: PARKING REGULATIONS:

Off street parking shall be provided for a minimum of two (2) vehicles. A suitably surfaced driveway will satisfy this requirement. (Ord. 383, 11-18-2002, eff. 12-1-2002)

10-4A-6: PENALTY:

Any person or entity convicted of violating any provision of this article shall 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. (Ord. 14-485, 1-20-2014)

10-4B-1: SCOPE:

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the district regulations in the E multi-family residential district. (Ord. 319, 3-20-1995)

10-4B-2: PURPOSE:

The E multi-family residential district is designed to provide sites for multiple dwelling structures on land previously used for public school purposes. The multiple dwelling is further provided to serve the limited needs for the apartment type of unit in an otherwise single-family residential community. (Ord. 319, 3-20-1995)

10-4B-3: DEFINITIONS:

DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, but not including trailers, hotels, motels, boarding houses or lodging houses.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed or altered for residential occupancy by two (2) or more families living independently of each other in their own dwelling unit.
DWELLING UNIT: One or more rooms that are: a) located in a dwelling and that are b) arranged, designed or used as living quarters for one family only as defined herein. Each dwelling unit shall contain a complete set of kitchen and bathroom facilities permanently installed.
FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities, or other similar organizations.
FLOOR AREA: The total horizontal area of living space enclosed by the exterior walls of a building measured at the outside of such exterior walls including partitions, closets, bath and utility rooms but not including cellars, basements, unfinished attics, garages, breezeways, porches and patios and other spaces not used ordinarily for living, eating and sleeping purposes. Unfinished areas above the ground floor living spaces may be included; provided, that subflooring is laid and windows and stairways are installed as required by village ordinances. (Ord. 319, 3-20-1995)

10-4B-4: PERMITTED USE; FLOOR AREA:

A building or premises shall be used only for multiple-family dwellings with a minimum of six hundred (600) square feet per dwelling unit, exclusive of one story open porches and garages, with a variance allowance of two percent (2%) thereof. (Ord. 319, 3-20-1995)

10-4B-5: LOT AND AREA REGULATIONS:

   A.   Yards:
      1.   Front Yard: No building shall be erected or extended to a point closer than twenty five feet (25') from any street. When the setback of the houses on the street are uniformly in line, the new construction or any addition must be built to maintain continuity of the prevailing setback of the existing dwellings.
      2.   Side Yards:
         a.   There shall be a side yard on each side of a building having a width of not less than ten percent (10%) of the lot width.
         b.   In no case shall a side yard be less than five feet (5'); except, that a detached garage or other accessory building located sixty feet (60') or more from the front property line and having a wall roughly parallel to the side lot line twenty four feet (24') or less in length may be located within two feet (2') of the side lot line.
         c.   A side yard need not exceed twenty feet (20') in width.
      3.   Rear Yard: The rear yard shall have a depth of at least twenty percent (20%) of the lot depth, but in no case less than twenty feet (20'). Rear yard depth need not exceed forty feet (40').
   B.   Lot Coverage: The total lot area covered by all buildings on a lot shall not exceed eighty percent (80%).
   C.   Space Between Buildings: When more than one building containing dwelling units is located on a lot, the distance between opposing walls of any two (2) buildings containing dwelling units shall be at least thirty feet (30') if either wall contains windows within the portions where the walls overlap, or fifteen feet (15') if neither wall contains windows within the portions where they overlap. (Ord. 319, 3-20-1995)

10-4B-6: BUILDING HEIGHT:

No new building shall exceed three (3) stories or forty five feet (45') in height. (Ord. 319, 3-20-1995)

10-4B-7: PARKING REGULATIONS:

Off street vehicle parking shall be provided at the rate of two (2) spaces for each dwelling unit. For new construction, such space shall not be located within twenty five feet (25') of any street, nor less than five feet (5') of any side or rear lot line, unless located within a detached garage or carport which is located sixty feet (60') or more from the property line, and such garage or carport has a wall roughly parallel to the adjoining lot line twenty four feet (24') or less in length, in which case, it may be located not less than two feet (2') from that lot line or lines. (Ord. 319, 3-20-1995)

10-4B-8: SEWER AND WATER REQUIREMENTS:

All dwelling units shall have sufficient water and sewer capacity. (Ord. 319, 3-20-1995)

10-4B-9: COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS:

All dwellings and dwelling units shall strictly conform to all applicable federal and state regulations and local ordinances, and all applicable building, electrical and fire codes. (Ord. 319, 3-20-1995)