The following development standards apply to non-livable accessory buildings and structures.

Reference: Municipal Code Section 20.30.500 — below is a summary; view the link for complete details.

Limitations on Use & Size

• Maximum stories: 1
• Maximum size: 650 sq. ft. unless an approved special use permit allows greater 
• Maximum plumbing fixtures: 2
• Maximum height: 12 feet
  • If the roof is pitched, the maximum height halfway up any slope is 12 feet and the roof peak maximum is 16 feet.
  • For solar installations, view Section 20.30.500 for details.
• Minimum distance to any other building: 6 feet (measured wall to wall; eaves may be closer than 6 feet but must meet applicable building codes)
• Cannot contain any living or sleeping spaces
• Cannot be air-conditioned

Rear Yard Coverage Rules for Accessory Buildings and Structures

The rear yard is the area from the rear wall of the main home to the rear property line across the full width of the lot.

• Maximum coverage of rear yard including a built-in pool:  60%
• Maximum coverage of rear yard without a built-in pool: 40% of which accessory buildings may not exceed 30%
• Eave projections of up to 2 feet will not count toward rear yard coverage

Minimum Setbacks from Property Lines

The setbacks below are the minimum required distance from the front, side, and rear property lines to the proposed accessory building or structure. For swimming pools, see swimming pool setback requirements. 

Definitions:
INTERIOR LOT - Fronts one street; has a rear yard behind the house; and is flanked by other homes on the left and right. This is the most common type of lot.

KEY LOT - Is the first interior lot abutting the rear of a corner lot.

The City may increase setbacks, if necessary, based upon fire and life safety requirements in the Municipal Code; otherwise, the following apply:

• Front Setback: 60 feet
  • Exception, detached garage: 45 feet
    
    
• Side Setback: 0 feet unless:
  • Corner lot: 10 feet from the side that is adjacent to a street
  • Corner lot abutting a residential key lot: 4 feet
  • Key lot: 4 feet
    
    
• Rear Setback: 0 feet unless:
  • Corner lot: 10 feet where side is adjacent to a street
  • Corner lot abutting a residential key lot: 4 feet
  • Key lot: 4 feet

Openings and Overhangs 

Openings are any void or cut-out in a structure, such as a door, window, or vent.

Overhangs are the portion of the roof that extends beyond the exterior wall.

• For accessories buildings and structures over 120 sq. ft., overhangs cannot be closer than 2 feet to the property line. 
• Within 3 feet of the property line, openings are not allowed.
• Between 3-5 feet of the property line, openings may not exceed 25% of the wall area.

1-hour fire protection walls - If the accessory building or structure: ƒ

• Is less than 120 sq. ft. and is at least 6 feet from other structures, then the project may be built on the property line without firewalls.
• Exceeds 120 sq. ft. and is less than 5 feet from the property line, then the walls parallel to the property line must be built with a 1-hour fire protection.

For assistance with development standards
Submit a Help Ticket to Planning
Or to speak with a City planner, see Planning's Phone Service.

The plans required for a non-livable accessory building or structure are simpler than those for a livable unit. The applicant is responsible for submitting plans that reflect current building codes; see the Building Code Guidelines for Residential Construction.

Draw plans on a minimum 18"x24" sheet with a minimum 1/4″ per foot scale.

Include the following:  

Site plan, show:

• Shape and dimensions of the lot and any easements.
• All existing structures and the distance (setbacks) to property lines.
• Location of proposed accessory structure/building and distances from structure's wall to the property line. 
• Measurements of any overhangs.
• Distances from proposed accessory structure/building to other structures on the lot.

Foundation plan, show:

• Pier footing or continuous footing layout
• Slab on grade details, if applicable

Floor plan, show:

• Dimensions of the proposed structure/building
• Door and window sizes and locations, if applicable
• Fire-resistant construction details, if applicable
• State use of each area, if applicable

Framing plan, show:

• Sizes, grade of materials, and on-center spacing of the structural members, including studs, posts, girders, headers, joists, and deck material.

Elevations: 

• An elevation is a view of the project as if looking at it straight ahead, drawn to scale. For example, if you stood across the street from a house and took a photograph of the house, that would be the front elevation view.
• Show all four views:

The permit is issued during your visit if plans and documents are accurate.  

TO QUALIFY

The project:

• Must be located on a single-family or duplex property 
• Must be less than 500 sq. ft.  
• Must use conventional framing and codes; no engineered designs
• Cannot be in an easement; see Design Considerations
• This service does not issue tree removal permits. If necessary for the project, obtain the permit before applying to Over-the-Counter Service.

The property:

• Cannot be in a Planned Development Zoning District; check Zoning Map 
• Cannot be in Flood Zone A, AE, AH, or AO; check Flood Hazard Zone Map or call 408-535-7803 or email floodzoneinfo@sanjoseca.gov.
• Cannot be in a Geohazard or Seismic Hazard Landslide Zone; view property information at www.SJPermits.org
• Cannot be in a Wildland Urban Interface area (WUI Policy, page 3)
• Cannot have code violations or a code enforcement case
• For properties on the City’s Historic Resources Inventory - Obtain a clearance from the Planning Division before using this service. A building permit will not be issued without this clearance.

If the project does not meet each criterion, use the Standard Plan Review Service.

TO APPLY

See “Prepare the Permit Application Package.”

Come to the Permit Center at City Hall. No appointment is needed. Follow these steps:

Step 1. Skip printing out the plans and forms and instead Upload Your Project Files any time before you visit the Permit Center. This is preferred as it speeds up your appointment.

OR bring 2 (two) copies of the plans and forms to the Permit Center. 

Step 2. Allow at least one hour for this visit and arrive before 3:00 p.m. as counter tickets are not issued thereafter. Upon arrival, go to the self-serve ticket kiosk by the round reception desk and select "Building Walk-In Service." Take the ticket. You will be called to a numbered counter.  

We look forward to serving you!

Upload plans and documents for expedited review — if accurate, the permit will be issued during a virtual meeting. 

PREMIUM FEE

For a premium fee, we expedite review of your uploaded project plans and then issue the permit during a scheduled virtual meeting. The fee is 1.5 X the plan review fee for a Single-Family Residential Addition/Alteration; for example, if the plan review fee is $1,137, the Residential Express fee will be $1,137 x 1.5 = $1,705.50. For current fees, see page 3 of the Building Fee Schedule.

TO QUALIFY

The project:

• Must be less than 500 sq. ft. 
• Must use conventional framing and codes; no engineered designs
• Cannot be in an easement; see Design Considerations
• This service does not issue tree removal permits. If necessary for the project, obtain the permit before applying to Residential Express Service.

The property:

• Cannot be in a Planned Development Zoning District; check Zoning Map 
• Cannot be in Flood Zone A, AE, AH, or AO; check Flood Hazard Zone Map or call 408-535-7803 or email floodzoneinfo@sanjoseca.gov.
• Cannot be in a Geohazard or Seismic Hazard Landslide Zone; view property information at www.SJPermits.org
• Cannot be in a Wildland Urban Interface area (WUI Policy, page 3)
• Cannot have code violations or a code enforcement case 
• For properties on the City's Historic Resources Inventory: Obtain a clearance from the Planning Division before using this service. A building permit will not be issued without this clearance.

If the project does not meet each criterion, use the Standard Plan Review Service.

TO APPLY

See “Prepare the Permit Application Package.”

Step 1. Prepare the project files. Carefully follow the Electronic Plan Review - File Format Requirements. 

Step 2. Book an appointment for a virtual meeting. Appointments are available Tuesday through Thursday mornings and can be booked up to two weeks in advance.

BEFORE YOU CLICK: Be ready to provide the Project Address and Scope of Work in the Notes section of the appointment window.

* CLICK TO SCHEDULE A RESIDENTIAL VIRTUAL MEETING *

Step 3. Upload the project files immediately after you book the appointment. Follow the instructions at Upload Your Project Files. 

IMPORTANT: You must upload the project files immediately after you book your appointment; if not uploaded that day, we will cancel the appointment.

For the submittal, see “Prepare the Permit Application Package.”

This service uses online platforms. You will first apply at SJPermits and then upload documents through SJePlans. A City plan reviewer will review the plans and send comments to the ePlan Applicant through SJePlans. After the plans are approved and final fees are paid, then the building permit will be issued. Follow these instructions:

* Standard Plan Review Service *

We look forward to serving you.