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The Zoning Ordinance, also referred to as the Zoning Code, is Title 20 of the San Jose Municipal Code. The Zoning Code underwent a comprehensive update process and resulted in the current Code, which became effective February 19, 2001. Since then, many amendments have been adopted and are listed below:
Note: Copies of these ordinances can be obtained at the City Clerk's Office located at City Hall, 200 E. Santa Clara Street.
Ordinance No. 26712 (adopted 9/3/02, effective 10/4/02)
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.
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.
Ordinance No. 26325 (adopted 4/03/01, effective 5/04/01)
This ordinance establishes a parking management zone for the Alum Rock Village area.
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.
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 setforth 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 setforth in Part 12, Chapter 20.28 of the Zoning Code effective February 18, 2001.
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.
Ordinance No. 27717 (adopted 5/16/2006, effective 6/16/2006)
Allows director-initiated conforming re-zonings to go directly to Council without Planning Commission hearing.
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.
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.
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.
Ordinance No. 27091 (adopted 03/30/04, effective 04/30/04)
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. 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.
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
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.
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.
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.
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 8/31/2004, effective 10/01/2004)
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. 27701 (adopted 5/2/2006, effective 6/30/2006)
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 Jose Core.
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. 26495 (adopted 10/30/01, effective 11/30/01)
This ordinance amends Title 20 of the San Jose 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 Jose 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.
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 ministorage uses citywide.
Ordinance No. 27757 (adopted 6/6/2006, effective 7/7/2006)
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.
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. 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.
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.
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.
Ordinance No. 27797 (adopted 6/27/2006, effective 7/28/2006)
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.
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).
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.
Ordinance No. 27606 (adopted 11/29/05, effective 1/2/06)
This uncodified ordinance provides for a limited exception to Ordinance No. 21663, which precludes second units, and authorizes a temporary secondary unit pilot program for the issuance of a maximum of 100 units of new construction or until 12/31/06.
Ordinance No. 27675 (adopted3/21/06, effective 4/21/06)
This is an uncodified ordinance suspending Park Impact Fees for secondary units required under Chapter 14.25, retroactive to 1/01/06.
Ordinance 27932(adopted 12/05/06, effective 1/12/07)
This uncodified ordinance extends the secondary unit pilot program and the park impact fee exemption to 6/30/07.
Ordinance 28055 (adopted 6/05/07, effective 7/06/07)
This uncodified ordinance extends the secondary unit pilot program and park impact fee exemption to10/31/07.
Ordinance 28149(adopted 10/23/07, effective 11/23/07)
This uncodified ordinance extends the secondary unit pilot program and park impact fee exemption to 4/30/08 and provides slightly revised development parameters for secondary units.
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.
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. 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.
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.
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.
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.
Ordinance No. 27440 (adopted May 24, 2005, effective June 24, 2005)
This ordinance allows subdivisions to be approved with other development permits as part of a unified process.
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.
(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.
(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.
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