San Jose and Accessory Dwellings

In the City of San Jose, secondary units are generally allowed in R-1 Single-Family Residence Zoning Districts only, but may also be allowed in certain Planned Development Zoning Districts (i.e., those with R-1 Zoning District standards and allowed uses).

Here are a few of the requirements related to San Jose’s secondary units, though you’ll have to review the municipal code for the most accurate definition, requirements, variances and exceptions:

• The minimum lot size on which a secondary dwelling that is attached to a one-family dwelling shall be allowed is six thousand (6,000) square feet. The minimum lot size on which a secondary dwelling that is detached from a one-family dwelling shall be allowed is eight thousand (8,000) square feet.

• 600 sq ft is the maximum floor area on a lot with an area of 9,000 sq ft or less; 650 sq ft if between 9,000 and 10,000; 700 sq ft if the lot size is greater than 10,000 sq ft

• The secondary dwelling shall be subject to the setback requirements of the zoning district in which the one-family dwelling is located, as set forth in this chapter except that a secondary dwelling which does not exceed one (1) story above grade shall have a minimum rear setback of fifteen (15) feet, provided that such secondary dwelling shall not occupy more than fifty (50) percent of the area between the rear setback otherwise required and said fifteen-foot rear setback.

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