20.30.420
Rear setbacks - Projections into.
San Jose Municipal Code · San José Municipal Code § 20.30.420
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The following encroachments are permitted into the air space above the surface of the ground in the rear setback area required Section 20.30.200 ; provided, however, that the horizontal distance, measured at any and all points between the vertical projection of any accessory building or structure (except an uncovered swimming pool, no part of which, other than diving boards, slides and ladder rails, is more than twelve inches above surface grade) and the vertical projection of such encroachments shall be not less than six feet, said permitted encroachments being as follows: A. In the R-M residence district, balconies, decks and corridors of the residential building if they are uncovered and unenclosed, and if the lowest part thereof is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area as set for in Table 20-60. Such balconies, decks and corridors shall not be supported by nor attached to any columns or walls situate in such required rear setback area which is covered by them or be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to them. B. Fire escapes of the residential building, if they are uncovered and unenclosed, and if the lowest part thereof when in a retracted position is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200 . C. Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project horizontally for a distance of not more than four feet into the air space above the surface of the ground in the rear setback area required by other provisions of this title. Such eaves and/or such roof shall not be supported by nor attached to any columns or walls situate in such required rear setback area; nor shall any part of such required rear setback area which is covered by such eaves and/or such roof be enclosed with glass, screening or walls of any kind, nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves or such roof. D. Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project for a greater distance than four feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200 , provided that: 1. Such eaves and/or such roof may cover up to, but not more than, fifteen percent of such required rear setback area; 2. No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be less than seven feet above surface grade; 3. No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be more than ten feet above surface grade; 4. No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required setback area shall have a vertical thickness of more than thirty-six inches; 5. Such eaves and/or such roof may be supported by columns which are situate in such required rear setback area, but shall not be supported by nor attached to walls which are situate in such required rear setback area; 6. No part of such eaves nor of such roof nor of any columns supporting such eaves and/or such roof shall be closer than fifteen feet, horizontally, to the rear property line; and 7. No part of such required rear setback area which is covered by such eaves and/or such roof shall be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves, such roof or columns supporting such eaves and/or such roof. (Ords. 26248, 26455.)