20.20.230
Setback - Exception.
San Jose Municipal Code · San José Municipal Code § 20.20.230
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A. The director may grant a reduction in the minimum required setback from an abutting property zoned or used for residential purposes for additions to existing structures or new structures on a lot located in either the A-Agriculture or OS-Open Space Zoning District if the director finds that granting the reduction in the minimum required setback would not impair the utility or value of adjacent property or the general welfare of the neighborhood and, in addition, finds that the proposal meets all of the following criteria: 1. The subject site or lot: a. Is located adjacent to a residentially zoned property or is located next to a residential use; and b. Has substantial existing development on the subject site; and 2. The sizes of any and all additions or structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot and for which development permits were obtained prior to February 19, 2001; and 3. The aggregate total square footage of all additions or new structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot as of February 19, 2001; and 4. Any addition or structure to be added to the subject site or lot shall not significantly diminish the existing, legal nonconforming setback, and, in any event, no addition or structure to be added to the subject site or lot shall reduce a setback to less than fifty feet; and 5. Any new addition or structure shall not exceed the height of existing structures located on the subject site or lot, or the maximum height allowance established pursuant to this title for the zoning district, whichever height is less. (Ord. 26712.)