San Jose |
Code of Ordinances |
Title 20. ZONING |
Chapter 20.40. COMMERCIAL ZONING DISTRICTS AND PUBLIC/QUASI-PUBLIC ZONING DISTRICT |
Part 5. GENERAL REGULATIONS |
§ 20.40.520. Outdoor uses within 150 feet of residentially zoned property.
No use, which in whole or in part, consists of, includes, or involves any outdoor activity or sale or storage of goods, products, merchandise or food outdoors shall occur on any lands if any part of such lands or any part of the lot on which such buildings are located is situated within one hundred fifty feet of residentially zoned property situate within or outside the city except with a special use permit as provided for in Chapter 20.100, except for the following:
A.
Seasonal sales in accordance with the provisions in Part 14, Chapter 20.80.
B.
Service windows for pedestrians or automatic teller machines for pedestrians both of which are associated with financial institutions.
C.
Cigarettes, ice, candy, food, and soft drinks dispensed from self-service, coin-operated automatic vending machines.
D.
Plant nursery sales.
E.
Outdoor dining incidental to a public eating establishment or a retail establishment that conforms to all of the following criteria:
1.
The outdoor dining area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and
2.
The outdoor dining area does not include any equipment to produce any noise that does not comply with Section 20.40.600 of this chapter; and
3.
The outdoor dining area does not operate between the hours of 10:00 p.m. and 6:00 a.m.
F.
Outdoor vending of whole, uncut, fresh fruits and vegetables in conformance with the provisions of Part 10, Chapter 20.80.
G.
Small certified farmers' markets in conformance with the provisions of Part 3.5, Chapter 20.80.
H.
Neighborhood agriculture in compliance with the provisions of this title.
(Ords. 26248, 28321, 28449, 29254, 29364.)