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Approved Amendments
A major update of the Zoning Ordinance took effect on February 19, 2001. The following is a comprehensive, alphabetized list of amendments that have been approved since that time including land use related changes to other Titles in the Municipal Code. Copies of these ordinances can be obtained from the City Clerk's Office.

Administration and Permits
Ordinance No. 29690
Adopted 03/08/16, effective 04/08/16
This ordinance amends Chapter 20.100, Sections 20.100.220, 20.100.720, and 20.100.940. Conversion of a mobilehome park to another use requires approval of either a Planned Development Permit or a Conditional Use Permit. This ordinance amends the Zoning Code to make City Council the initial decision-making body (with no administrative appeal) for consideration of all proposed mobilehome park conversions to another use after the Planning Commission considers these proposals for recommendations to Council. This ordinance also adds provisions to the Zoning Code to require findings of consistency with the General Plan policies for CUPs and for PD Permits.

Administration and Permits - Environmental review
Ordinance No. 29484
Adopted 09/23/14, effective 10/24/14
This ordinance amends Title 20 (Zoning) and Title 21 (Environmental Clearance) to streamline the City's environmental clearance and permitting processes.

Agriculture - Open Space Zoning Districts Setback Exception

Ordinance No. 26712
Adopted 09/03/02, effective 10/04/02
This ordinance includes an exception to the existing setback regulations for new development, new structures or additions to existing, for properties zoned either A-Agriculture or OS-Open Space, under certain conditions, and includes a provision the establishes a default zoning district for properties in the City found to have no zoning.

Airport Influence Area - Height Limitations
Ordinance No. 29176
Adopted 11/27/12, effective 12/28/12
This ordinance amends allowable heights for all types of development within specific areas in the City of San José consistent with the County of Santa Clara’s Airport Influence Areas for Norman Y. Mineta San José International and Reid-Hillview Airports.

Ordinance No. 29348
Adopted 12/10/13, effective 01/10/14
This ordinance amends maximum allowable heights for buildings located within geographic employment centers including the Norman Y. Mineta San José International.

Alcohol - Gasoline Combined Uses
Ordinance No. 27564
Adopted 12/6/05, effective 2/1/06
Repeals Code Section 20.80.550, relating to the sale of food or alcohol in combination with gasoline; amends Code Section 20.80.900 to include social service agencies, public parks, and residential care and service facilities on the list of spatial criteria for off-sale; separately enumerates off-sale of spirits from off-sale of beer and wine. Also codifies the Public Convenience or Necessity process in Title 6.

Ordinance No. 27626
Adopted 12/13/05, effective 2/1/06
Amends Section 20.80.600 to provide for a development permit requirement for partial conversion of gas stations. Also clarifies targeted law enforcement areas in Section 6.84.030; further modifies Chapter 6.84 to allow for consideration of greater public benefit in Public Convenience or necessity determinations; and adds Chapter 6.86, inspections.

Alcohol - Off-Sale
Ordinance No. 29046
Adopted 3/27/12, effective 4/27/12
An ordinance to modify the general process for making a determination of public convenience and necessity and for processing a Conditional Use Permit for the off-premises sale of alcoholic beverages.

Alum Rock Village Parking
Ordinance No. 26325
Adopted 4/03/01, effective 5/04/01
This ordinance establishes a parking management zone for the Alum Rock Village area.

Assembly Uses
Ordinance No. 27076
Adopted 3/2/04, effective 4/2/04
This ordinance modifies the industrial zoning district use regulations to clarify and make consistent regulations applicable to assembly use.

Auditor's Recommendations Ordinance
Ordinance No. 28677
Effective 1/15/10
In ordinance clarifying provisions for alternative means of compliance and amendments to General Development Plans, eliminating the requirement that permits be recorded prior to becoming effective, and clarifying the preconditions for an effective permit.

Bail Bonds Establishments
Ordinance No. 28954
Adopted 8/23/11, effective 9/30/11
An ordinance identifying appropriate zoning districts and other land use regulations for bail bond establishments.

Ordinance No. 28718
Effective 10/30/09
An ordinance extending the proposed moratorium on implementation of new bail bond businesses for a period of 22 months and 15 days and retroactive to October 9, 2009.

Ordinance No. 28629
Effective 9/25/09
Ordinance establishing a moratorium on implementation of new bail bond businesses for a period of 45 days.

Bicycle Parking and Clean Air Vehicle Ordinance
Ordinance No. 28836
Adopted 11/9/10, effective 12/8/10
An ordinance expanding bicycle parking requirements and adding Clean Air Vehicle parking requirements to comply with CALGreen.

Card Club Relocation Ordinance
Ordinance No. 28579
Effective 7/03/09
This ordinance provides a process for relocation of an existing card room.

Certified Farmers' Markets
Ordinance No. 29122
Adopted 8/28/12, effective 9/28/12
An ordinance establishing land use regulations and streamlining the permitting requirements for Certified Farmers' Markets on private property.

Commercial Zoning District, Phase II
Ordinance No. 28449
Effective 1/2/09
Proposal to modify Commercial Zoning Districts to streamline requirements for certain commercial uses specified in the Ordinance and to make other related clarifying changes to the commercial use regulations.

CG - Commercial General Zoning District in the Downtown Area
Ordinance No. 26305
Adopted 3/13/01, effective 4/12/01
This is a follow-up ordinance to the urgency ordinance (No. 26304)
This ordinance establishes the development regulations applicable to properties zoned CG General Commercial within the downtown area bounded by Route 87, Julian Street, Fourth Street and Interstate 280 as those regulations set forth in Part 12, Chapter 20.28 of the Zoning Code effective February 18, 2001.

Ordinance No. 26304
Adopted 2/27/01, effective 2/27/01
This is an urgency ordinance to modify the development regulations applicable to properties zoned CG General Commercial within the downtown area bounded by Route 87, Julian Street, Fourth Street and Interstate 280 as those regulations set forth in Part 12, Chapter 20.28 of the Zoning Code effective February 18, 2001.

Commercial Districts
Ordinance No. 27457
Adopted 6/21/05, effective 7/22/05
This ordinance streamlines development standards in commercial districts and removes the CP Commercial Pedestrian district use size restriction for the West San Carlos Street Neighborhood Business District.

Conforming Rezonings
Ordinance No. 27717
Adopted 5/16/06, effective 6/16/06
Allows director-initiated conforming rezonings to go directly to council without Planning Commission hearing.

Construction Hours Limitations
Ordinance No. 26594
Adopted 4/9/02, effective 5/10/02
This ordinance includes language to clarify the current provisions in Title 20 related to construction hours limitations and includes provisions for the administrative citation process.

Deemed Withdrawn Planning Applications Due to Inactivity
Ordinance No. 28511
Effective 4/24/09)
Ordinance granting the Director of Planning the authority to deem withdrawn a development application that has been inactive for a period of twelve consecutive months. Inactive means that the Director of Planning has "requested from the applicant or has provided the applicant with notice of additional information, materials and/or fees needed by the Director from the applicant to continue to process the application and the applicant has failed to respond to that request or notice."

Development Permit Extension Ordinance
Ordinance No. 28576
Effective 07/3/09
Proposal to allow the reactivation of certain expired development permits and to extend certain development permits for a discrete period of time and make other related clarifying changes.

Ordinance No. 29054
Adopted 5/1/12, effective 6/1/12
Ordinance modifying provisions regarding the issuance of Permit Adjustments to extend the term or reactivate previously approved development permits.

Development Exceptions
Ordinance No. 26761
Adopted 11/05/02, effective 12/06/02
This ordinance includes a modification to the size of lot considered to be substandard and which requires a development exception for new construction or additions to existing structures. The ordinance change reduces the lot size from 5,000 square feet down to 3,000 square feet. Under this ordinance, only lots with an area less than 3,000 square feet will need to obtain a development exception.

Development Permit Term Extensions
Ordinance No. 27851
Adopted 8/29/06, effective 10/13/06
This ordinance increases the number of one-year term extensions the Director of Planning may approve through a Permit Adjustment from two to four for development permits for office development located in the Downtown Zoning Districts. The provision sunsets on October 13, 2011.

Downtown Zoning Ordinance
Ordinance No. 27091
Adopted 3/30/04, effective 4/30/04
This ordinance, along with a set of Design Guidelines, replace a patchwork of regulations, allow greater flexibility for individual properties, provide greater certainty to potential developers, and emphasize quality design. Also, available on line are the new zoning district regulations, Downtown Design Guidelines, and information on the boundary of the area rezoned.

Ordinance No. 27441
Adopted 5/24/05, effective 6/24/05
This ordinance allows live/work as a permitted use in the downtown core; modifies downtown off-street loading requirements; streamlines the process for temporary events in the downtown core; and amends the boundaries of the downtown ground floor space overlay area.

Ordinance No. 28447
Effective 1/2/09
Ordinance modifying Downtown Zoning Districts to streamline the permit process for business support and business and administrative uses in the DG Downtown ground floor space overlay, streamline the permit process for animal grooming, and modify the parking requirements for live/work units.

Ordinance No. 28338
Adopted 6/17/08, effective 7/25/2008
Ordinance to expand the area to which the Downtown Zoning regulations to include the area bounded by Fourth Street, St. John Street, Seventh Street and San Fernando Street.

Ordinance No. 29631

Adopted 11/17/2015, effective 12/18/2015
Ordinance to allow modification to the permit process and expansion of the Downtown Ground-floor Space (DG Overlay Area) eligibility to include auctions, second-hand stores, photography studios, weight loss centers, interior decorating, auditoriums, and community centers. For Amusement Game Arcades, the ordinance allows modification of the existing permit process in the DC-Downtown Primary Commercial Zoning District and adds Amusement Game Arcades as an enumerated use in the DG Overlay Area. The Ordinance also allows "Art Display Structure" as a newly enumerated use in the DC-Downtown Primary Commercial Zoning District and the DG Overlay Area; and also allows Lighting Displays in parking lots in the Downtown Zoning Districts. Other changes include language clarifying where residential uses are allowed in conformance with the Envision San José 2040 General Plan; revision to existing definitions related to Amusement Game Arcades, Adult Entertainment Establishment, Lot Line, Front Setback Area, and Side Setback Area; and addition of new definition for Art Display Structure and Lighting Display.

Emergency Shelter
Ordinance No. 29663 
Adopted 12/08/2015, effective 12/08/2015
This is an urgency ordinance amending Part 17 of Chapter 20. 80 of Title 20 of the San José Municipal Code to suspend Sections 20.80.1600 and 20.80.1610 until June 30, 2016 and to amend Section 20.80.1620 to allow a church/religious assembly which is a legal use to provide temporary shelter to homeless persons without obtaining a special use or conditional use permit subject to the existing limitations specified in Section 20.80.1620.

Entertainment Ordinance
Ordinance No. 28694
Effective 1/26/10
An ordinance amending Chapter 20 of San Josè Municipal Code to eliminate “entertainment establishment” as an enumerated use.

Environmental review 
Ordinance No. 29484
Adopted 09/23/14, effective 10/24/14
This ordinance amends Title 20 (Zoning) and Title 21 (Environmental Clearance) to streamline the City's environmental clearance and permitting processes.

Envision San Josè 2040 General Plan Alignment and Economic Development
Ordinance No. 29011
Effective 2/10/12
Amending Title 20 of the San José Municipal Code (The Zoning Code) to amend portions of Chapters 20.10, 20.30, 20.40, 20.50, 20.70, 20.75, 20.80, 20.90, 20.100, and 20.200 to facilitate economic development goals, to establish regulations for the siting of above-ground storage tanks, to provide greater flexibility in connection with minor additions to existing non-residential buildings, to allow certain vehicle leasing activities in the CG-Commercial General Zoning District, to clarify regulations pertaining to incidental electric vehicle charging stations, to allow certain drinking establishments contained within full-service hotels or motels, to provide for the installation of tankless water heaters and energy power inverters, to expand the ability to use temporary use trailers, to provide for the neighborhood agriculture use in specified circumstances, to allow higher densities within the R-M Multi-Family Residential District, to clarify regulations and provide greater flexibility for residential uses in residential and main street zoning districts, to streamline permitting processes for the conversion of two-family dwelling units to one family dwelling units, to update the boundaries of the Downtown Zoning Area, as well as to make other clarifying or minor technical amendments throughout.

Ordinance No. 29012
Effective 2/10/12
Ordinance amending Title 20 of the San José Municipal Code (the Zoning Code) to add a new chapter, Chapter 20.85 establishing certain height restrictions, and to amend portions of chapters 20.20, 20.40, 20.50, 20.90, and 20.120 to align zoning code provisions with the recently adopted Envision San José 2040 General Plan.

Ordinance No. 29042
Adopted 02/28/12, effective 4/13/12
Ordinance to to delete outdated references and to allow more flexibility for the development of specific commercial and industrial uses in certain industrial districts, including: deletion of medical clinic/out-patient facility as an enumerated use and deletion of an outdated reference to Part 13.6 of Chapter 20.80 related to leasing of passenger vehicles, and addition of public and private elementary and secondary schools as a conditional use in certain districts, addition of drinking establishments in conjunction with a winery or brewery as a conditional use in certain districts, the enumeration of wineries and breweries as a permitted use in certain districts, the addition of hospitals/in-patient facilities as a conditional use in certain districts, the addition of vehicle sales as a conditional use in certain districts, the addition of sale of vehicle parts conforming to specifically identified criteria as a permitted or special use in certain districts, and the addition of mini-warehouse/ mini-storage as a permitted use in certain districts.

Ordinance No. 29218
Adopted 3/5/2013, effective 4/5/2013
Ordinance amending Title 20 of the San Jose Municipal Code (Zoning Ordinance) to amend: Chapter 20.10, Section 20.10.060 (general provisions and zoning districts) to add the CIC-Combined Industrial Commercial and the TEC-Transit Employment center Zoning Districts; Chapter 20.20, Section 20.20.100 (open space & agricultural zoning districts) to allow Certified Farmers’ Markets in the A-Agriculture and OS-Open Space Zoning Districts; Chapter 20.40, Sections 20.40.100, 20.40.200, 20.40.230 and 20.40.400 (Commercial Zoning Districts) to allow wholesale auto dealers with no on-site storage as a permitted use in commercial zoning districts, to reduce minimum required setbacks for commercial zoning districts, and to clarify incidental auto repair uses; Chapter 20.50, Section 20.50.010 to create the TEC-Transit Employment center Zoning District category; Sections 20.50.100 and 20.50.200 to add more flexibility for the development of specific commercial and industrial uses in the Industrial zoning districts including, but not limited to creating the TEC-Transit Employment Center Zoning District enumerated uses and development standards, adding off-site sale of alcoholic beverages as a conditional use incidental to a winery/brewery or distillery and clarifying incidental auto-repair uses; Chapter 20.80, Sections 20.80.710 and 20.80.720 of part 9 (home occupations) to allow cottage food operations as home occupations within Residential Zoning Districts and Section 20.80.1400 to amend provisions for outdoor private property special events; Chapter 20.120, Section 20.120.110 (zoning changes and amendments) to add the TEC- Zoning District as a conforming district; Chapter 20.150 (nonconforming uses) by deleting Section 20.150.330 (amortization - incidental dancing and music); and Chapter 20.200 (definitions) to add new sections to add definitions of "Banquet Facility," and "Cottage Food Operation," and to amend Section 20.200.700 to amend the definition of "Lot Line"; and to make other technical, formatting or other non-substantive changes within those Sections of Title 20.

Ordinance No. 29254
Adopted 06/04/13, effective 07/05/13
Ordinance amending title 20 of the San Jose Municipal Code (Zoning Ordinance) to amend: Section 20.30.100 of Chapter 20.30 (Residential Zoning Districts) to allow outdoor vending of fresh fruits and vegetables on school, library, community center, and religious assembly sites;
Sections 20.40.100 and 20.40.520 of Chapter 20.40 (Commercial Zoning districts) to allow outdoor vending of fresh fruits and vegetables in Commercial Zoning Districts;
Section 20.50.100 of Chapter 20.50 (Industrial Zoning Districts) to allow outdoor vending of fresh fruits and vegetables in Industrial Zoning Districts;
Section 20.70.100 of chapter 20.70 (Downtown Zoning Districts) to allow outdoor vending of fresh fruits and vegetables, and to allow banquet facilities as ground-floor space uses;
Sections 20.75.200 and 20.75.320 of Chapter 20.75 (Pedestrian Oriented Zoning Districts) to allow certified farmers’ markets, neighborhood agriculture and outdoor vending of fresh fruits and vegetables
Sections 20.80.810 and 20.80.820 of Chapter 20.80 (Specific Use Regulations, Outdoor Vending Facilities) to allow outdoor vending of fresh fruits and vegetables and other products in conformance with specific regulations without an administrative permit; and
Renumber sections 20.200.400 (flag lot) and 20.200.410 (fixed based host) of Chapter 20.200 (definitions); and
Make other technical, formatting or other non-substantive changes within those Sections of Title 20.

Ordinance No.29364
Adopted 1/28/14, effective 2/28/14

Ordinance amending Title 20 (the Zoning Ordinance) as follows:

To change the requirement from a Conditional to a Special Use Permit for exceedance of decibel levels in Table 20-45 Chapter 20.20 (Open Space & Agricultural Zoning Districts);

To add the PQP Public/Quasi-Public Zoning District and add land uses applicable to Urban Villages to the CP Commercial Pedestrian Zoning District to Chapter 20.40 (Commercial Zoning Districts);
Add Aquaculture/Aquaponics as a Special Use; Add “auction” and “stadiums” as Conditional Uses; Adding Neighborhood Agriculture and “fuel cells” as Permitted Uses; Add Plant Nursery as a Permitted Use in the CO Commercial Office and PQP Public/Quasi-Public Zoning Districts; Allow animal grooming and animal boarding as Permitted Uses incidental to Neighborhood Agriculture in the CO Commercial Office and in the PQP Public/Quasi-Public Zoning Districts; Changing Bail Bond Establishment from a Permitted Use to a Special Use in the CP Commercial Pedestrian Zoning District where located within an Urban Village; Add construction/corporation yard and Utility Facilities including corporation yards as Conditional Uses in the PQP Public/Quasi-Public Zoning District; Add Common Carrier as a Conditional Use and Common Carrier Depot as a Special Use in the PQP Public/Quasi-Public Zoning District; Changing Mixed Use residential/commercial from a Conditional Use to a Special Use in the CP Commercial Pedestrian Zoning District where located within an Urban Village; Change Payday Lending Establishment from a Restricted Use to a Prohibited Use in the CP Commercial Pedestrian Zoning District where located within an Urban Village; Change accessory installation, sale or lease of commercial vehicles, and tires, batteries, oil change and smog check servicing from Prohibited Uses to Conditional Uses in the CP Commercial Pedestrian Zoning District; Change sale of vehicle parts from a Conditional Use to a Special Use in the CP Commercial Pedestrian Zoning District,
To allow outdoor animal care as an incidental use to Neighborhood Agriculture; To establish development standards for the PQP Public/Quasi-Public Zoning District and to modify development standards in the CP Commercial Pedestrian Zoning District where located within an Urban Village; To exempt Lots in the CP Commercial Pedestrian Zoning District and PQP Public/Quasi-Public Zoning District from the provisions of this Section, amending Section 20.40.400 (Setback Regulations) to clarify that allowances for minor projections into Setback areas of up to twenty (20) percent of Building length apply independently and not cumulatively to Subsections B and D of this Section and to add provisions for Short-term Bicycle Parking Facilities in Setback Areas;
To change the requirement from a Conditional to a Special Use Permit for exceedance of decibel levels in Table 20-135 and to add performance standards for the PQP Public/Quasi-Public Zoning District,

To revise Chapter 20.80 Specific Use Regulations, Part 18 Temporary Trailers to allow temporary antennae while permitted alterations of existing Wireless Communication Antennae are being constructed, to change the requirement from a Conditional Use Permit to a Special Use Permit when Administrative Permit requirements cannot be met, and to lengthen the allowable duration of the Temporary Antenna Trailer operation

To revise Chapter 20.100, Section 20.100.220 to add provisions for the Planning Commission as the Initial Decision Making Body and Council as the Appeal Decision Making Body for Conditional Use Permits for school, church/religious assembly, and privately-operated museum, library, park, playground and community center uses in the PQP Public/Quasi-Public Zoning District;

To revise Chapter 20.120,Section 20.120.110 to add the PQP Public/Quasi-Public Zoning District to Table 20-170 and identify the PQP Zoning District as the conforming zoning district for the Public/Quasi-Public land use designation in the General Plan;

To revise Chapter 20.200 Definitions, to add definitions for “Fuel Cell” and “Signature Project” and to amend definitions of “Business Support,” “Co-generation Facility,” “Downtown Core Area,” and “Solar Photovoltaic Power System”

Ordinance No 29678
Adopted 1/26/16, effective 2/26/2016
This ordinance amends Section 20.30.100 of Chapter 20.30 and Sections 20.80.810 and 20.80.820 of Chapter 20.80 of Title 20 of the San José Municipal Code, to expand the number of hours and range of sites with public/quasi-public uses on which outdoor vending of fresh fruits and vegetables may be allowed as a permitted use without an Administrative Permit. The amendments also reduce the restrictions on outdoor vending of fresh fruits and vegetables as a permitted use without an Administrative Permit.


Fee Authorization Ordinance
Ordinance No. 26896
Adopted 06/03/03, effective 07/04/03
This amendment to Title 20 is to include a provision to give authority to the Director of Planning to establish cost recovery fees for any process, accommodation, or approval administered by the Director under Title 20. Any fees are then submitted to the City Council for approval for inclusion in Resolution of Fees and Charges.

Generators - Electrical Power Generation
Ordinance No. 26505
Adopted 10/30/01, effective 10/30/01
This was an urgency ordinance to correct inadvertent deletion of noise performance standards in residential areas.

Ordinance No. 26388
Adopted 5/15/01, effective 5/15/01
This was an urgency ordinance to establish provisions for electric power generation. This ordinance identifies and describes the various types of electric power generators and sets forth the provisions for usage, or prohibition of, in the residential, commercial, and industrial zoning districts.

Ordinance No. 26456
Adopted 8/28/01, effective 9/27/01
This is the follow-up ordinance, to an urgency ordinance of 5/15/01, to establish provisions for electric power generation. This ordinance identifies and describes the various types of electric power generators and sets forth the provisions for usage, or prohibition of, in the residential, commercial and industrial zoning districts

Ground Floor Uses
Ordinance No. 29047
Adopted 4/3/12, effective 5/4/12
This ordinance allows certain uses in the DG Area when certain enumerated criteria are met.

Ordinance No. 26326
Adopted 4/03/01, effective 5/04/01
This ordinance adds additional use regulations regarding ground floor and street frontage space to the commercial zoning districts that exist on a portion of the properties within the Downtown Core.

Ordinance No. 26320
Adopted 3/13/01, effective 3/13/01
This was an urgency ordinance to extend by 60 days an existing moratorium (Ordinance No. 26277) on certain ground floor uses in buildings located within the Downtown Core area.

Ordinance No. 26277
Adopted 12/19/00, effective 12/19/00
This was an urgency ordinance to place a 90 day moratorium on certain ground floor uses in buildings located within the Downtown Core bounded by St. John Street, Fourth Street, San Salvador Street, and the East Side of Almaden Boulevard.

Height Exceptions - Single Family House Permits
Ordinance No. 27279
Adopted 11/30/04, effective 12/2/04
An ordinance allowing single-family houses in flood zones that meet certain criteria an exemption from the requirement for a single-family house permit.

Historic Preservation Permit Streamlining
Ordinance No. 28282
Adopted 4/15/08, effective 5/16/08
This ordinance provides for a development permit adjustment exception for City landmark properties that require historic preservation permit adjustments.

Hotel Supportive Housing
Ordinance No 29447
Adopted 8/19/2014, effective 9/19/2014
This ordinance permits and regulates use of existing hotels and motels for supportive housing for various targeted populations with a Conditional Use Permit until December 31, 2026.

Incidental Transient Occupancy / Bed and Breakfast / Long-term Room Rental
Ordinance No 29523
Adopted 12/16/2014, effective 1/16/2015
This ordinance permits and regulates transient occupancy as an incidental use of residences; modifies permitting requirements and occupancy limitations for bed and breakfast inns; and amends and adds long-term room rental limitations.

Industrial and Commercial Condominiums
Ordinance No. 27639
Adopted 1/10/06, effective 2/10/06
Creates a new Chapter 20.175, which requires a Special Use Permit for Industrial or Commercial condominium projects. Also amends Chapter 19.16, requiring a Special Use Permit approval prior to issuance of a parcel or final map.
Industrial District Uses

Ordinance No. 26704
Adopted 8/20/02, effective 9/20/02
This ordinance includes modifications to the Industrial Districts Land Use Regulations, includes definitions pertaining to educational and indoor recreational uses, and makes other minor clarifications to the Commercial Land Use regulations.

Ordinance No. 27106
Adopted and effective 3/30/04
The purpose of this ordinance is to facilitate the absorption (i.e. occupancy) of vacant buildings in the IP Industrial Park Zoning District with a wider array of businesses than currently allowed in the Zoning Code. The desired outcome of the proposed urgency ordinance would be a reduction of vacant space and a strengthening of the City's employment lands with viable economic activities.

Ordinance No. 27231
Adopted 8/31/04, effective 10/01/04
Regular Ordinance follow-up to Ordinance # 27106.

Ordinance No. 27607
Adopted 11/29/05, effective 12/30/05
Further streamlines required permit processes for certain industrial uses; allows increased amounts of commercial support within Industrial Districts; modifies parking provisions for uses within Industrial Districts.

Ordinance No. 28321
Effective 7/18/08
Proposal to modify the Industrial Zoning Districts to streamline the permit process for specific uses.

Industrial Zoning Districts Phase II
Ordinance No. 28460
Effective 1/16/09
Proposal to modify Industrial and Commercial Zoning Districts to streamline requirements for certain specified industrial uses within Industrial Zoning Districts and to make other related technical or clarifying changes.

Ordinance No. 29312
Adopted 10/3/13, effective 11/1/13
This ordinance amends section 20.50.100 of Chapter 20.50 to add enumerated uses in the Industrial Zoning Districts including neighborhood agriculture as a permitted use, aquaponic/aquaculture as a special use, warehouse indoor sale of passenger vehicles, pick-up trucks not exceeding 25 feet in length, and motorcycles as a conditional use, outdoor commercial recreation as a conditional use, stadiums with up to 2,000 seats as a conditional use, and stadiums with more than 2,000 seats as a conditional use requiring City Council approval as the initial decision-making body. It also amends section 20.50.110 to clarify the method of calculation of commercial support uses in the IP Industrial Park District, and adds section 20.50.140 to establish criteria for issuing a conditional use permit for warehouse indoor sale of passenger vehicles, pick up trucks not exceeding 25 feet in length, and motorcycles.  This ordinance also amends section 20.50.270 to clarify that allowances for minor projections into setback areas of up to twenty (20) percent of building length apply independently and not cumulatively to subsections B and C of this section; amends section 20.50.300 to change the permit requirement from a conditional use permit to a special use permit for exceedance of decibel levels in Table 20-125; amends section 20.85.030 of Chapter 20.85 (specific height restrictions) to change the maximum allowable height for communication towers and other similar non-building structural uses; amends section 20.100.220 of Chapter 20.100 (Administration and Permits) to identify the City Council as the initial decision making body for section 20.170.300 of Chapter 20.170 (Residential Condominium) to delete additional parking requirements for residential condominium and community apartment projects beyond the parking requirements for residential uses enumerated in Chapter 20.90; and amends chapter 20.200 (Definitions) to add new sections defining "Plant Nursery" and "Aquaponics/Aquaculture."

Industrial Office/Non-Residential Condominiums
Ordinance No. 27701
Adopted 5/2/06, effective 6/30/06
Combines business and administrative office and professional offices into a single category entitled General Business Office; sets minimum non-residential condominium unit sizes citywide, with special provisions for New Edenvale and the North San Josè Core.

Main Street Zoning District
Ordinance No. 28858
Adopted 12/14/10, effective 1/14/11
Ordinance adding a new chapter to Title 20 of the San Josè Municipal Code, the zoning ordinance, entitled Pedestrian Oriented Zoning Districts and establishing new Main Street Zoning Districts within that chapter. The Main Street Districts allow for a wide range of commercial uses, or a mix of commercial and residential uses, in a pedestrian-oriented format with buildings located close to a wide pedestrian sidewalk. The Main Street Zoning Districts are intended to be applied to the Alum Rock Neighborhood Business District between King Road and State Route 680. Actual rezoning of property to the new zoning districts will require an additional ordinance and further public outreach.

Massage Parlors
Ordinance No. 26705
Adopted 8/20/02, effective 9/20/02
This ordinance modifies the distance and separation requirements for massage parlors in large commercial centers on sites greater than 35 acres.

Ordinance No. 28811
Adopted 9/14/10, Effective 10/14/10
An ordinance amending Section 20.200.740 of Title 20 (the Zoning Ordinance) to clarify that “massage parlor” use does not include state-certified massage therapists or practitioners.

Medical Marijuana Collectives
Ordinance No. 29420
Adopted 06/17/2014, effective 07/18/2014

This ordinance repeals the suspended Ordinance No. 28958 except for those provisions of Title 20 of the San Jose Municipal Code related to Zoning Code Verification Certificates previously unsuspended by Ordinance No. 29089, and amending Title 20 of the San Jose Municipal Code by amending Section 20.10.040 of Chapter 20.10, Amending Section 20.40.100 of Chapter 20.40; amending Section 20.50.100 of Chapter 20.50, amending Section 20.70.100 of Chapter 20.70, adding a new Part 9.75 to Chapter 20.80, amending Part 13 of Chapter 20.100 to add Sections 20.100.1530, 20.100.1535 and 20.100.1540, all to establish land use regulations pertaining to Medical Marijuana Collectives. 

A summary of Title 20 Zoning Code consideration is here. For further information on Title 6 regulations for operation of dispensaries please go to the City Manager's web page on Medical Marijuana. Both Title 20 and Title 6 regulations on this topic become effective July 18, 2014

Ordinance No. 28991

Adopted 1/10/2012, effective 2/10/2012
This ordinance suspended the effectiveness of Ordinance No. 28958 related to land use regulations for medical marijuana collectives (Note: the suspension was partially rescinded by Ordinance No. 29089 (adopted 6/5/2012, effective 7/6/2012) which reestablished the Zoning Code Verification Process).

Ordinance No. 28958
Adopted 9/27/2011, effective 10/28/2011
This ordinance established land use regulations pertaining to medical marijuana collectives and a related Zoning Code Verification process (suspended by Ordinance No. 28991).

Mobilehome Parks
Ordinance No. 29690
Adopted 03/08/16, effective 04/08/16
This ordinance amends Chapter 20.100, Sections 20.100.220, 20.100.720, and 20.100.940. Conversion of a mobilehome park to another use requires approval of either a Planned Development Permit or a Conditional Use Permit. This ordinance amends the Zoning Code to make City Council the initial decision-making body (with no administrative appeal) for consideration of all proposed mobilehome park conversions to another use after the Planning Commission considers these proposals for recommendations to Council. This ordinance also adds provisions to the Zoning Code to require findings of consistency with the General Plan policies for CUPs and for PD Permits.

Modification Ordinances
Ordinance No. 26495
Adopted 10/30/01, effective 11/30/01
This ordinance amends Title 20 of the San Josè Municipal Code to do all of the following: 1) modify the parking requirements for certain industrial land uses; 2) revise provisions pertaining to public eating establishments in industrial zoning districts; 3) include provisions related to setbacks for mechanical equipment in Planned Development districts; and 4) modify provisions related to social service agencies and use.

Ordinance No. 26455
Adopted 8/28/01, effective 9/27/01
This ordinance amends Title 20 of the San Josè Municipal Code to do all of the following: 1) alter the development regulations in the commercial and residential zoning districts; 2) require certain vehicle related uses to occur within fully enclosed buildings; 3) require a Conditional Use Permit for uses without a permanent, fully enclosed building on-site in all industrial districts; 4) allow for "outdoor vending" in the LI and HI industrial districts with an Administrative Permit; 5) include "leasing of passenger vehicles" as a conditional use in the LI industrial district; 6) change "construction/corporation yard" in the LI industrial district from a permitted use to a conditional use"; 7) include a requirement that pay phones on private property be located on the same wall as the primary entrance to the use on site; 8) include an additional finding of three hundred and fifty (350) square feet maximum when considering an exception to the required parking for a one-family dwelling; 9) include a standard condition for window glazing for ground floor retail commercial uses; 10) include amortization provisions for legal nonconforming incidental dancing and music in public eating, and drinking establishments; 11) reestablish provisions prohibiting residential uses that provide services to residents from providing such services to non-residents; 12) correct typographical errors; and 13) make other technical corrections.

Non-Residential Expansions/Generator Streamlining
Ordinance No. 27757
Adopted 6/6/06, effective 7/7/06
Allows non-residential expansions of up to 5,000 s.f. with an adjustment; streamlines permitting for generators in Industrial and commercial districts; creates an enumerated use for wineries and breweries in commercial districts.

North San Josè Permit Extensions
Ordinance No. 28686
Effective 2/12/10
An ordinance allowing additional extension of development permit terms or reactivation of certain expired development permits for a temporary period of time for the North San Josè Development Policy Area.

Parking
Ordinance No. 26820
Adopted 2/18/03, effective 3/21/03
This ordinance includes language to clarify the current provisions in Title 20 related to the conditions under which a conditional use permit for parking facilities can be allowed in residential districts.

Ordinance No. 27955
Adopted 12/12/06, effective 2/9/07
Amends Chapter 20.90 of the Zoning Code to reduce parking requirements for specific ground floor uses on properties designated with the Neighborhood Business District General Plan overlay, and to reduce parking requirements for mini-storage uses citywide.

Ordinance No.29217
Adopted 3/5/2013, effective 4/5/2013
Ordinance amending Title 20 of the s San Jose Municipal Code (Zoning Ordinance) to amend: Chapter 20.70 section 20.70.330 of (Downtown Zoning Regulations); Chapter 20.90, numerous Sections of (parking and loading); Chapter 20.100, Sections 20.100.1300 and 20.100.1320 (Administration and Permits); and Chapter 20.200 add new Sections to (definitions) to add Definitions for "Area Development Policy", "Car share," "Charge or Charging Station," and "Urban Village," all to modify parking requirements for certain enumerated uses to further implement the economic development, land use, and transportation policies set forth within the Envision San Jose 2040 general plan, and to make other technical, formatting or other non-substantive changes within those Chapters of said Title 20.

Parking in Neighborhood Business Districts
Ordinance No. 27955
Adopted 12/12/06, effective 2/9/07
Amends Chapter 20.90 to reduce parking requirements for specific ground floor uses on properties designated with the Neighborhood Business District General Plan overlay, and to reduce parking requirements for mini-storage uses citywide.

Payday Lending
Ordinance No. 29089
Adopted 6/5/2012, effective 7/6/2012
This ordinance established land use regulations pertaining to Payday Lending Establishments including a citywide cap on the number of new payday establishments, as well as a prohibition of new establishments within and surrounding low-income areas and within a quarter of a mile of other payday lenders.

Permit Acceptance
Ordinance No. 27185
Adopted 6/29/04, effective 7/30/04
This ordinance modifies provisions pertaining to the acceptance of permits and recordation of permits, abandonment of permits and actions associated with inactive applications and other clarifying changes.

Permit Time Extensions
Ordinance No. 26820
Adopted 2/18/03, effective 3/21/03
This ordinance includes a modification to the Code to allow the Director of Planning, Building, and Code Enforcement to extend the term of development permits up to a maximum period of one additional year through the adjustment process.

Planned Development Zoning and Permit Application Processes
Ordinance No. 27077
Adopted 3/2/04, effective 4/2/04
This ordinance clarifies and streamlines the process of concurrent filing and review of Planned Development Zoning and Planned Development Permit applications. The ordinance allows both rezonings and development permits to be reviewed concurrently at the City Council Public Hearing.

Private Community Centers
Ordinance No. 27797
Adopted 6/27/06, effective 7/28/06
Allows privately-operated community centers as a conditional use in the CO Commercial Office district; makes clarifying changes regarding off-sale of alcohol in Industrial districts; adds a definition for wireless antenna, slimline monopole, and makes other non-substantive clarifying changes.

Recreational Vehicles
Ordinance No. 26711
Adopted 9/3/02, effective 10/4/02
This ordinance amends the provision related to parking and storage of trailers and recreational vehicles in the front setback of residentially-zoned properties to be consistent with language in Community Preservation Ordinance (Title 17).

Reroof Projects Exempt from Planning Permit
Ordinance No. 26761
Adopted 11/05/02, effective 12/06/02
This ordinance includes an exemption for reroof projects of any type that meet certain criteria with regard to replacement material. Reroof projects that provide an acceptable replacement material as determined by the Director of Planning will not require a Planning Permit under this ordinance and can proceed directly to the Building Division for permitting.

Residential Zoning Districts
Ordinance No. 28448
Effective 1/2/09
Ordinance to allow larger accessory buildings and structures, permit by right one-car garages, clarify separation requirements for accessory structures and buildings, and simplify the process for permitting small additions to existing two-family dwellings.

Secondary Unit Ordinance
Ordinance No. 28284
Adopted 4/15/08, effective 6/15/08
Ordinance establishes requirements for secondary units (granny units) and revises the schedule of parkland impact fees charged pursuant to Chapters 14.25 and 19.38 of the San Josè Municipal Code to establish parkland impact fees for secondary units equal to 50 percent of the fees applicable to single room occupancy (SRO) units.

Ordinance No. 28149
Adopted 10/23/07
This ordinance extended the Secondary Unit Pilot Program and the associated suspension of park impact fees for an additional six months, to April 30, 2008 or until applications for a maximum 100 secondary units have been approved. The ordinance also includes minor changes to the pilot program parameters.

Ordinance No. 28055
Adopted 6/5/07, effective 7/5/07
This ordinance extends the Secondary Unit Pilot Program through October 31, 2007 and continues to exempt secondary units built under the ordinance from park impact fees. The program was previously scheduled to end on June 30, 2007. The ordinance does not change the pilot program limit of 100 approved secondary unit applications.

Shopping Center Parking and Building Modification Ordinance
Ordinance No. 27075
Adopted 3/2/04, effective 4/2/04
This ordinance allows non-residential building additions of less then 500 square feet with a permit adjustment. This ordinance also modifies the minimum parking requirement for shopping centers over 100,000 square feet in size.

Sidewalk Cafes
Ordinance No. 27456
Adopted 6/21/05, effective 7/22/05
This uncodified ordinance establishes a pilot program allowing Sidewalk Café permits in conjunction with Entertainment uses and alcohol sales, until a date not later than 7/22/06.

Ordinance No. 27791
Adopted 6/27/2006, effective 7/28/2006
Extends the existing pilot program allowing sidewalk café permits in conjunction with entertainment permits and on-sale of alcohol until October 31, 2006.

Ordinance No. 28296
Effective 5/30/08
Ordinance to amend existing sidewalk café regulations to allow downtown businesses that maintain a valid entertainment permit and are designated a public eating establishment the ability to obtain a sidewalk café permit, to allow retail establishments the ability to obtain a sidewalk café permit, to clarify the requirement that a restaurant maintain food service in order to obtain a sidewalk café permit, to clarify the revocation process for this permit, and to clarify the definition of a sidewalk café permit, allowing sidewalk cafes to remain open until 2:00 a.m.

Single Family House Permit Process for Historic Homes
Ordinance No. 27378
Adopted 3/29/05, effective 4/29/05
An ordinance amendment to make the review of alterations to historic homes more efficient and cost-effective. The changes apply to City Landmark houses and/or houses located in City Landmark Historic Districts, as well as houses listed on the Historic Resources Inventory with a FAR of 0.45 or less that are consistent with Design Guidelines.

Single-Family House Permit Process Streamlining
Ordinance No. 27076
Adopted 3/2/04, effective 4/2/04
The ordinance streamlines the single-family house permitting process to eliminate City Council review, but instead allow the Director of Planning, Building, and Code Enforcement to make the final determination.

Solar Photovoltaic Systems
Ordinance No. 28320
Effective 7/11/08
Ordinance to allow a height exception for solar photovoltaic systems mounted on the surface of accessory buildings located in the R-1, R-2 and R-M Residence Zoning Districts. This ordinance also includes changes to clarify that solar power generation systems that comply with the development regulations of the Zoning Code may be approved with a building permit.

Specific Use Regulations
Ordinance No. 29663
Adopted 12/08/2015, effective 12/08/2015
This is an urgency ordinance amending Part 17 of Chapter 20. 80 of Title 20 of the San José Municipal Code to suspend Sections 20.80.1600 and 20.80.1610 until June 30, 2016 and to amend Section 20.80.1620 to allow a church/religious assembly which is a legal use to provide temporary shelter to homeless persons without obtaining a special use or conditional use permit subject to the existing limitations specified in Section 20.80.1620. 

Storm Water Management SWPPP And NOI Requirements

Ordinance No. 26789
Adopted 12/17/02, effective 1/17/03
This ordinance amends provisions of Chapter 20.100, Section 20.100.470 and Section 20.100.480, related to storm water management, including the requirements for implementing a storm water pollution prevention plan (SWPPP) and filing a notice of intent (NOI). To maintain consistency with State requirements, the ordinance changes the minimum area of land disturbance from 5 acres to one acre, with exceptions as allowed or required by State or Federal law. This ordinance also adds a requirement that the applicant maintain a copy of the most current SWPPP on site, and provide a copy to any City representative or inspector on demand.

Storm Water Management and Water Efficient Landscape 
Ordinance No. 29671
Adopted 1/12/2016, effective 2/12/2016
This ordinance amends Title 15, Chapter 15.11 of the San Jose Municipal Code to add and amend definitions, modify landscape installation requirements, and expand the types of projects subject to landscape installation requirements, consistent with State regulations governing local landscape water efficiency ordinances.

Ordinance No. 29243
Adopted 4/30/2013, effective 5/31/2013
This ordinance amends Title 15 of the San Jose Municipal Code Section 15.10.290 of Chapter 15.10, Chapter 15.11 in its entirety; and Title 20 of the San Jose Municipal Code Section 20.100.440 of Chapter 20.100, all to modify the Water Efficient Landscape Standards for new and rehabilitated landscaping and to establish Water Efficient Landscape Regulations pursuant to State Law.

Ordinance No. 29169
Adopted 11/6/12, effective 12/7/12
The ordinance includes landscaping and stormwater treatment requirements for building permits for single-family detached residences and certain small projects.

Ordinance No. 28977

Effective 11/18/11
Ordinance amending Sections 20.95.020, 20.95.110 and 20.95.120 of Chapter 20.25 of Title 20 of the San José Municipal Code to require certain projects, which are defined as uncovered parking areas, restaurants, auto service facilities and retail gasoline outlet projects that create or replace 5,000 square feet or more of impervious surface area to:
  • Use site design and source control measures and numerically-sized Low Impact Development stormwater treatment measures;
  • Require property owners to keep an inspection and maintenance schedule on the project site for all stormwater treatment measures installed pursuant to Policy 6-29 and to make such schedule available to City representatives on demand; and
  • Prohibit alteration, removal or failure to maintain stormwater treatment measures without approval of an Adjustment to a Development Permit.

Ordinance No. 28301
Adopted 5/6/08
This ordinance changes the threshold for applicability of storm water requirements from one gross acre to 10,000 square feet in conformance with City Council Policy 6-29, Post-Construction Urban Runoff Management.

Ordinance No. 26995

Adopted 10/14/03, effective 11/14/03
The ordinance amendment to Title 20 modifies and adds provisions related to storm water runoff management and post-construction storm water quality control. This amendment was adopted to maintain consistency with the revised National Pollutant Discharge Elimination System Municipal Separate Storm Server System (NPDES MS4) Permit provisions that went into effect October 15, 2003. For additional storm water information pertaining to this permit or other inquiries, please refer to the stormwater link on the Department's main webpage.

Subdivision Concurrent Approval
Ordinance No. 27440
Adopted 5/24/05, effective 6/24/05
This ordinance allows subdivisions to be approved with other development permits as part of a unified process.

Transitional and Supportive Housing Ordinance
Ordinance No. 28680
Effective 1/15/10
An ordinance defining Transitional Housing and Supportive Housing and clarifying the regulations applicable to these housing types.

Tree Removal Permit
Ordinance No. 29195
Adopted 1/8/2013, effective 2/8/2013
This Ordinance amends Title 13 and Title 20 to modify the tree removal requirements for single-family residences to streamline the permitting process and to modify the permit recordation requirements for tree removal.

Unattended Collection Containers 
Ordinance No. 29265
Adopted 6/18/2013, effective 7/19/2013
This Ordinance amends Title 20 to modify regulations for reverse vending machines and unattended collection containers in small collection facilities. This ordinance also modifies requirements for display and terms of administrative permits. Additionally, this ordinance adds a section to Chapter 20.80 to establish a maximum number of allowable administrative permits for unattended collection containers city-wide, adds sections to Chapter 20.200 to add definitions for "permittee" and "unattended collection container," and establishes a retroactive effective date of May 7, 2013 for the applicability of Section 20.80.1115.

Vehicle Wrecking Uses
Ordinance No. 26305
Adopted 3/13/01, effective 4/12/01
This is a follow-up ordinance to the urgency ordinance (No. 26304) to correct a typographical error and clarify that vehicle wrecking uses are conditional uses in the HI- Heavy Industrial zoning district.

Ordinance No. 26304
Adopted 2/27/01, effective 2/27/01
This was an urgency ordinance to correct a typographical error and clarify that vehicle wrecking uses are conditional uses in the HI- Heavy Industrial zoning district.

Williamson Act Contract Streamlining
Ordinance No. 27078
Adopted 3/2/04, effective 4/2/04
This ordinance streamlines the Williamson Act contract cancellation process so that the Director of Planning, Building and Code Enforcement is given most of the authority involved with canceling contracts in place of City Council.

Wireless Revisions
Ordinance No.29546
Adopted 4/07/2015, effective 5/8/2015 (retroactive 4/9/2015)
This ordinance allows issuance of Administrative Permit for certain modifications to existing wireless towers and base stations consistent with Federal Law, Section 6409(A) of the Middle Class Tax Relief and Job Creation Act of 2012 and Federal Communications Commission Report and Order FCC-14-153 and when effective will be retroactive to April 9, 2015 which is the effective date of the Wireless Infrastructure Order. 

Ordinance No. 27468

Adopted 6/28/05, effective 7/29/05
The adopted wireless changes create a faster process for approving slimline monopoles, loosen regulations for wireless facilities on non-residential parcels in residential districts, and streamline and square wireless provisions with the revised Council Land Use Policy for Wireless Communications facilities.