San Jose |
Code of Ordinances |
Title 20. ZONING |
Chapter 20.75. PEDESTRIAN ORIENTED ZONING DISTRICTS |
Part 4. GENERAL REGULATIONS |
§ 20.75.320. Outdoor uses within one hundred fifty 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 situated 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.
Outdoor retail displays located in the front setback that are associated with a commercial use on the property.
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 located within one hundred feet of the main street or is completely separated from any property located in a residential zoning district by a minimum distance of fifty feet; and
2.
The outdoor dining area does not include any equipment to produce any amplified sound; and
3.
The outdoor dining area does not operate between the hours of 12:00 midnight and 6:00 a.m.; and
4.
The outdoor dining area is operated in a manner that does not create a private or public nuisance.
F.
Outdoor vending of whole, uncut, fresh fruits and vegetables in conformance with Part 10, Chapter 20.80.
G.
Small certified farmers' markets that are in conformance with Part 3.5, Chapter 20.80.
(Ords. 28858, 29254.)