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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.
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Ordinance No. 28677 (Effective 01/15/10)
An 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.
Ordinance No. 28954 (adopted 8/23/11, effective 9/3011) An ordinance identifying appropriate Zoning Districts and other land use regulations for Bail Bond Establishments. The staff report to the Planning Commission are available here. The staff report and draft ordinance presented to the City Council are available.
Ordinance No. 28718 (Effective10/30/09)
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.
Ordinance No. 28836 (adopted 11/9/2010, effective 12/8/2010)
An ordinance expanding bicycle parking requirements and adding Clean Air Vehicle parking requirements to comply with CALGreen.
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.
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 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. 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."
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. 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. 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)
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. 28694 (Effective 01/26/10)
An ordinance amending Chapter 20 of San Jose Municipal Code to eliminate “entertainment establishment” as an enumerated use.
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ORD. NO. 29011(adopted 01/10/12, effective 02/09/12)–
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 onefamily 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. 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. 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.
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. 28321. (Effective 7/18/08)
Proposal to modify the Industrial Zoning Districts to streamline the permit process for specific uses.
Ordinance No. 28858 (adopted 12/14/10, effective 1/14/11)
Ordinance adding a new chapter to Title 20 of the San Jose 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.
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.
On September 13, 2011, the City Council adopted an ordinance identifying appropriate Zoning Districts for Medical Marijuana Collectives, distance requirements from certain sensitive uses, and other provisions. For more information please visit: http://www.sanjoseca.gov/medicalmarijuana.asp; Medical Marijuana Frequently Asked Questions; Medical Marijuana Maps; Future Amendments to Zoning Ordinance
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. 28686 (Effective 02/12/10) 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 Jose Development Policy Area.
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. 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 ministorage uses citywide.
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. 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.
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 feescharged pursuant to Chapters 14.25 and 19.38 of the San Jose 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. 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.
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. 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.
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.
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.
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. 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. 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.
Transitional and Supportive Housing Ordinance-
Ordinance No. 28680 (Effective 01/15/10)
An ordinance defining Transitional Housing and Supportive Housing and clarifying the regulations applicable to these housing types.
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.
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.
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.
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