§ 18.56 — Morgan Hill Zoning Code

18.56.010 - Purpose. ¶

This chapter identifies permitted exceptions to height, setback, and lot coverage requirements for zoning districts as established in Part 2 (Zoning Districts and Overlay Zones).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.56.020 - Height exceptions. ¶

A.

Projections Allowed By-Right. Table 18.56-1 identifies building features which may project above the maximum permitted building height in the applicable zoning district. These projections are permitted byright, with no discretionary permit required.

Table 18.56-1: Allowed Projections Above Height Limits

Structures Allowed Above Height Limit	Maximum Coverage	Maximum Projection
Non-habitable decorative features such as spires, steeples, belfries, cupolas, domes	10% of roof area [1]	5 ft. in Residential Estate and Residential

		Detached zones; 10 feet in all other zones
Parapets, fre escapes, catwalks, and open guard rails required by law	As required by law	As required by law
Skylights	No restriction	1 ft.
Chimneys and vent stacks	5% of roof area	5 ft.
Amateur Radio Facilities	No restriction	35 ft. [2]
Receive-only radio and television antennas	No restriction	12 feet in residential and mixed-use zones; 30 ft. in all other zones.
Building mounted wireless communications facilities	See Chapter 18.96
Rooftop features for outdoor living areas, such as sunshade, open railings, trellises, and landscaping	25% of roof area [1]	10 ft. [2]
Elevator shafts and stair towers (for multifamily and non-residential buildings only)	10% of roof area [1]	16 ft. [2]
Rooftop equipment and enclosures	25% [1]	12 ft. [2]
Flagpoles not over 8 inches in width	N/A	6 ft.
Photovoltaic panels	No restriction	4 ft.
Wind energy systems	No restriction	10 ft.

Notes:

[1] Must be set back from the exterior wall one foot for every foot of projection above the height limit.

[2] As measured from the building roofline.

B.

Height Exceptions Allowed with Minor Exception. The community development director may allow

buildings to exceed the maximum permitted height in the applicable zoning district by up to ten percent with the approval of a minor exception. See Section 18.108.070 (Minor Exception).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.56.030 - Setback exceptions. ¶

A.

Projections into Required Setback. Table 18.56-2 identifies primary building features which that may project into minimum required setbacks in the applicable zoning district. These projections are permitted by-right, with no discretionary permit required.

Table 18.56-2: Allowed Projections Into Required Setbacks

Projecting Features	Maximum Projection into Required Setback	Minimum Distances from Property Lines
Cornices, awnings, eaves, and other similar roof projections	3 ft.	1.5 ft.
Canopies and similar features within any non-residential zoning district	Two-thirds of required setback	5 ft.
Ground foor porches	7 ft.	5 ft.
Upper story porches, attached decks, and balconies	5 ft.	5 ft.
Uncovered stairs, ramps, stoops, or landings that service upper stories	5 ft.	5 ft.
Bay windows and chimneys	3 ft. [1]	1.5 ft.

Notes:

[1] Features may not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

B.

Accessory Structures. See Chapter 18.44 (Accessory Structures and Uses) for setback requirements that apply to accessory structures.

C.

Setback Exceptions Allowed with Minor Exception. The community development director may decrease the required front and rear setback by up to twenty-five percent and the required side setback by up to forty percent with the approval of a minor exception. See Section 18.108.070 (Minor Exception).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, § 6, 4-24-2024)

18.56.040 - Lot coverage exceptions. ¶

A.

The community development director may increase the maximum lot coverage requirement by up to ten percent with the approval of a minor exception. See Section 18.108.070 (Minor Exception);

B.

Accessory dwelling units up to eight hundred fifty square feet in size, permitted pursuant to Chapter 18.84 (Accessory Dwelling Units), are exempt from lot coverage requirements.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 9, 1-20-2021; Ord. No. 2341 N.S., § 4, 2- 15-2023)

Chapter 18.60 - HISTORIC RESOURCES