20.55.101

Except as otherwise specifically provided in other sections of this Title, every part of every setback area shall be kept open, unobstructed, and unoccupied by all buildings or structures above, below, and on the surface of the ground. The following setback exceptions apply to properties located in the UVC, UV, MUC, MUN, UR, and TR districts as follows: A. Minor architectural projections such as: sills, eaves, belt courses, cornices, canopies, awnings, bay windows, chimneys, stoops, stairs, landscape retailing walls, porches, decks, balconies, minor building faces, and wells for basement windows may project into required setback areas as follows: 1. Canopies and awnings may project into setback areas by a maximum of three (3) feet; 2. Stoops, stairs, and landscape retaining walls may project up to a maximum of six (6) feet into the required setback areas; 3. Balconies, covered or uncovered, may project into required setback areas if they conform to the Citywide Design Standards and Guidelines; in MUN balconies shall not project within five (5) feet of property lines facing public right-of-way or public open space. 4. Ground floor porches or decks, covered or uncovered, may project up to ten (10) feet into the required setback areas, subject to compliance with building code; in MUN, ground floor porches or decks shall not project within five (5) feet of property lines facing public right-of-way or public open space. 5. All other minor architectural projections may project up to a maximum of two (2) feet into the setback area, by no more than ten (10) feet in width, for no more than twenty percent (20%) of the building elevation length. 6. Air space above public open space shall remain unobstructed and unoccupied. B. Short term parking facilities for bicycles or micro mobility devices, as defined by Title 11 , may be placed in side or rear setbacks as long as they are in compliance with the provisions of Chapter 20.90 . For additional standards on placement and design, refer to the Citywide Design Standards and Guidelines. C. Mechanical equipment in setback area: 1. Tankless water heaters, heat pumps, energy storage units, and power inverters may project horizontally for no more than two (2) feet into either the side or rear setback area, provided such extensions maintain a minimum side setback of three (3) feet, and are not permitted in front setback areas. 2. Mechanical equipment, including but not limited to pool equipment or HVAC equipment, may be placed in rear setbacks at a minimum of five (5) feet from rear property line and must conform to minimum side setbacks requirements; not permitted in front setbacks or any portion of the front yard which is visible from a public right-of-way or public open space. D. A building side setback shall be required for the portion of a building, located on an interior lot, which abuts a lot with a Residential Neighborhood General Plan land use designation and which is developed with a residential use, as follows: 1. Development built at thirty-five (35) feet or less shall have a minimum side setback of 5 ft. 2. For development built at more than thirty-five (35) feet, no portion of the building may be developed with less than a ten (10) foot side setback. E. Side setbacks greater than ten (10) foot shall be permitted as required by Building or Fire code for public health and safety reasons. F. There shall be no rear setback required whenever the entire rear property line abuts property located in any commercial district or less restrictive district where the zoning designation of the site is in conformance with the General Plan land use designation of the site as determined by Table 20-270. Rear setbacks may be required by Building or Fire Code. G. Setbacks abutting a public alley, one-half of such alley as measured from the alley centerline, may be assumed to be a portion of the rear setback area. H. The following projections may be placed within required setback areas as long as they comply with the Citywide Design Standards and Guidelines, and Building and Fire codes: 1. Walkways and driveways for pedestrian or vehicular access to the site; 2. Overhead wires necessary for electrical and telephone service to a building on the lot; 3. Underground lines and equipment necessary for the sewerage, drainage, plumbing, water, gas, and electrical needs of the lot or of a building on the lot; 4. Underground parking facilities, subject to building code requirements. I. For information regarding Major or Minor Encroachments in the public right-of-way refer to Chapter 13.37 Encroachment Permits, in Title 13 of the San José Municipal Code. (Ords. 30603, 31298 .)