Building on your lot in Milpitas

On corner lots, fences within the visibility triangle (see Figure C.2.040-1 (Visibility Triangle)) may not exceed three feet in height unless approved by the Public Works Director. The visibility triangle is formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured 35 feet from their point of intersection.

Within 10 feet of the property line. 42 inches.

10 feet or more from the property line. Six feet.

Fences and walls shall not exceed 54 inches in height.

Within required front setbacks. 42 inches.

Within required interior side and rear setbacks. Six feet.

Fences within a rear or side setback area adjacent to recreational areas, athletic fields, or sports courts may be up to 12 feet in height provided that the portion of the fence higher than six feet is at least 50 percent openwork design.

In residential zones, fences within the rear and side setback areas may be up to eight feet in height provided written consent of adjoining residential property owners is received.

All accessory buildings and structures in the required rear setback area, as well as building additions as described in Subsection C.2.130.A.2.b (Building additions for R1 and R2 zones), are limited cumulatively to a total area not exceeding 30 percent of the area of the required rear setback area.

The maximum size of an accessory structure shall not exceed one thousand two hundred (1,200) square feet.

Three feet of any rear lot line or side lot line of the rear half of an adjacent lot

Seven feet of the side lot line of the front half of any adjacent lot.

Eaves of accessory buildings and structures shall not project closer than three feet to any side or rear lot line.

At least six feet from any dwelling existing or under construction on the same lot;

In the R1 and R2 zones, at least 14 feet from a residential structure existing or under construction on any adjacent lot.

A maximum of two clients is allowed on the premises at any time.

Only the residents of the dwelling may operate the home occupation. No employees associated with the home occupation shall report to work on the premises.

All persons operating a home occupation must obtain a Home Occupation Permit prior to commencing any business.

Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

The resulting lots must each contain a minimum of 1,200 square feet.

The lot to be split must contain a minimum of 2,400 square feet.

For the purposes of this section, the R1 Zoning District shall be the only single-family residential zone.

Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan.

The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan.

For purposes of this section, any person, other than City personnel in the performance of their duties, that unlawfully removes a protected tree, shall be subject to City cost recovery in accordance with X -2-9.01

It shall be unlawful for any person other than City personnel in the performance of their duties to remove any street tree, protected tree or heritage planting without first applying for a permit issued by the Public Works Department.

All trees which have a fifty-six-inch (56") or greater circumference of any trunk measured 4 ½ feet from the ground and located on developed residential property.

All trees which have a thirty-seven-inch (37") or greater circumference of any trunk measured 4 ½ feet from the ground, when removal relates to any transaction for which zoning approval or subdivision approval is required.

Any tree existing at the time of a zoning or subdivision approval and was a specific subject of such approval or otherwise covered by subsection (b) above.

All trees which have a thirty-seven-inch (37") or greater circumference of any trunk measured 4 ½ feet from the ground and located on a vacant, undeveloped or underdeveloped property.

Heritage tree designation may be applied by resolution of the City Council to individual trees or a grove of trees of any size or species within the City of Milpitas that are distinctive, of special historical value or significant community benefit.

The Public Works Department may determine that a tree authorized for removal be replaced by the permittee through the compensation methods described in Section X-2-9.01, subsections (a), (b) or (c) or by planting at least two (2) trees for every one (1) protected tree removed by permit.

The replacement trees shall be commensurate with the size of the tree being removed, as determined by the Director of Planning or his or her designee.