Morgan Hill · Building on your lot

Building on your lot in Morgan Hill

Morgan Hill sets its own limits for accessory structures in setback areas and its own home-business rules. Accessory setbacks depend on the structure type and its height.

Ask about building on your lot in Morgan Hill See coverage

Key points

Accessory height: City rule: accessory structures in required setback areas are limited to 12 ft, or 8 ft for above-ground pools and spas.
Home businesses: City rule: a home business may use 25% of the home or 400 sq ft, whichever is less, with 1 client at a time.

Each rule below is marked Morgan Hill code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Sheds, garages and other accessory structures

Morgan Hill code What Morgan Hill's code adds
Maximum height	No more than 8 feet. Applies: Above-ground pools, spas, hot tubs and their equipment and improvements in required setback areas. § 18.44.030 · code text Above ground pools, spas and hot tubs and related equipment, accessories, and improvements \| 8 ft. No more than 12 feet. Applies: All other accessory structures in required setback areas. § 18.44.030 · code text All other accessory structures \| 12 ft. The same height limit as main buildings in the zoning district. Applies: Outside required setback areas. § 18.44.030 · code text Outside of required setback areas \| As required for primary structures in zoning district
Size or lot coverage	Together they may cover no more than 30% of a required side or rear setback area. Applies: Roofed accessory structures such as garages and sheds, and open structures such as decks. § 18.44.030 · code text Roofed accessory structures such as garages and sheds and open, unroofed structures such as decks may collectively occupy no more than thirty percent of a required side or rear setback area.
Side and rear setback	At least 3 feet. Applies: Roofed structures such as detached garages and sheds, and structures such as trellises, 8 feet tall or less. § 18.44.030 · code text Height 8 ft. or less \| Same as minimum primary structure setback \| 3 ft. At least 5 feet. Applies: Roofed structures such as detached garages and sheds, and structures such as trellises, over 8 feet and up to 12 feet tall. § 18.44.030 · code text Height greater than 8 ft. to 12 ft. \| Same as minimum primary structure setback \| 5 ft. The same as the minimum setback for the main building. Applies: Roofed structures such as detached garages and sheds, and structures such as trellises, over 12 feet tall. § 18.44.030 · code text Height greater than 12 ft. \| Same as minimum primary structure setback \| Same as minimum primary structure setback 50% of the minimum setback for the main building. Applies: Mechanical equipment and equipment enclosures. § 18.44.030 · code text Mechanical equipment and mechanical equipment enclosures \| 50 percent of minimum primary structure setback \| 50 percent of minimum primary structure setback At least 1 foot. Applies: Detached decks 18 inches tall or less. § 18.44.030 · code text Height 18 in. or less \| 5 ft. \| 1 ft. At least 5 feet. Applies: Detached decks over 18 inches and up to 6 feet high, measured from ground to walking surface, in residential zones. § 18.44.030 · code text Height 6 ft. or less \| Same as minimum primary structure setback \| 5 ft. 12.5 feet or the main building's minimum setback, whichever is less. Applies: Detached decks over 6 feet tall. § 18.44.030 · code text Height greater than 6 ft. \| Same as minimum primary structure setback \| 12.5 ft. or same as minimum primary structure setback, whichever is less At least 4 feet. Applies: In-ground pools, spas and hot tubs. § 18.44.030 · code text In ground pools, spas and hot tubs \| Same as minimum primary structure setback \| 4 ft. At least 5 feet. Applies: Above-ground pools, spas, hot tubs and their equipment and improvements. § 18.44.030 · code text Above ground pools, spas, hot tubs and related equipment, accessories, and improvements \| Same as minimum primary structure setback \| 5 ft. At least 1 foot. Applies: Ponds less than 18 inches deep. § 18.44.030 · code text Ponds less than 18 in. in depth \| 10 ft. \| 1 ft. At least 3 feet. Applies: Fireplaces, barbecue structures, statues and fountains 8 feet tall or less. § 18.44.030 · code text Height 8 ft. or less \| 3 ft. \| 3 ft. At least 5 feet. Applies: Fireplaces, barbecue structures, statues and fountains over 8 feet and up to 12 feet tall. § 18.44.030 · code text Height greater than 8 ft. to 12 ft. \| 5 ft. \| 5 ft.

Running a business from home

Morgan Hill code What Morgan Hill's code adds
Space used	No more than 25% of the home's floor area or 400 square feet, whichever is less. § 18.92.060 · code text Home occupations may not occupy more than twenty-five percent of the floor area of the dwelling unit or four hundred square feet, whichever is less.
Customer visits	No more than 1 client or customer at the property at one time. Applies: All home businesses. § 18.92.060 · code text No more than one client/customer at the property at one time. No more than 3 customer or client visits per day. Applies: General rule for home businesses. § 18.92.060 · code text Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring). No more than 6 customer or client visits per day. Applies: Personal instruction services, such as music lessons, art lessons or academic tutoring. § 18.92.060 · code text Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).
Employees	Only the people who live in the home. § 18.92.060 · code text Employees of a home occupation shall be limited to the persons residing in the dwelling unit. Up to 2 employees who do not live in the home. Applies: Only if the planning commission approves a conditional use permit. § 18.92.060 · code text The planning commission may allow a home occupation with up to two employees not residing in the dwelling unit with the approval of a conditional use permit.
Permit	Yes. A zoning clearance is required for all home businesses. § 18.92.060 · code text A zoning clearance is required for all home occupations. A Morgan Hill business license and the required license tax. § 18.92.060 · code text All persons conducting a home occupation shall obtain a Morgan Hill business license and pay the required license tax in accordance with Municipal Code Chapter 5.04 (Business Taxes, Licenses, and Regulations).
Businesses not allowed	medical offices and clinics; schools; animal boarding; restaurants; retail involving on-site sales; vehicle-related uses, including vehicle repair and maintenance and vehicle washing; construction and material yards; other similar uses as determined by the community development director § 18.92.060 · code text The following uses are prohibited as home occupations:

RV and boat parking

Morgan Hill code What Morgan Hill's code adds
Size limit	Vehicles over 22 ft long or 7 ft high: no stopping, standing or parking, except loading, unloading or temporary breakdowns. Applies: Public streets next to residential-zone property. § 10.40.210 · code text For the purposes of this section, the term "oversized vehicle" shall mean any vehicle or combination of vehicles that exceeds twenty-two feet in length or seven feet in height, exclusive of any projecting lights or devices allowed by the provisions of the California Vehicle Code.
Parking on the street	No parking, except up to 10 consecutive hours to load or unload or for a temporary, unplanned breakdown. Applies: Oversized vehicles (over 22 feet long or 7 feet high) on public streets next to residential-zone property. § 10.40.210 · code text Such exemption period shall not exceed ten consecutive hours.

Solar panels and EV chargers

Morgan Hill code What Morgan Hill's code adds
EV-ready new homes	1 garage space must be Level 2 EV Ready; a second space, if provided, must be Level 1 EV Ready. Applies: New homes with private dedicated garages. § 15.62.060 · code text One parking space provided in the garages shall be a Level 2 EV Ready space. 40% of spaces: EVCS with Level 2 EV Ready; 60%: at least a Level 1 EV Ready space. Applies: New multifamily residential buildings with shared parking. § 15.62.060 · code text Forty percent of parking spaces shall be EVCS with Level 2 EV Ready.
EV charger permit	Approved administratively through a building permit or similar nondiscretionary permit. Applies: EV charging station applications that meet the city checklist and local, state and federal health and safety requirements. § 15.37.060 · code text The building department shall administratively approve an application to install electric vehicle charging stations through issuance of a building permit or similar nondiscretionary permit.
Solar permit process	Administrative, nondiscretionary review; permit issued when a complete application meets the standard plan and checklist; 1 inspection. Applies: Small residential rooftop solar systems; the inspection is scheduled within 2 business days of a request. § 15.36.060 · code text 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 upon receipt of a complete application meeting the requirements of the approved standard plan and checklist.
Review time	Same day for over-the-counter applications; 1 to 3 business days for electronic applications. Applies: Complete applications for small residential rooftop solar energy systems. § 15.36.060 · code text 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 upon receipt of a complete application meeting the requirements of the approved standard plan and checklist.

Swimming pools

Morgan Hill code Less than 2 inches between the ground and the bottom of the enclosure. Gaps may not let a 4-inch-diameter sphere pass through.

All 12 Morgan Hill rules on swimming pools, with the code text and the state law underneath →

Pets, chickens and bees

Morgan Hill code What Morgan Hill's code adds
Bees	1 hive. Applies: Lots between 5,000 and 10,000 square feet. § 6.36.275 · code text A hobbyist beekeeper can keep one hive on a property with a lot size between five thousand square feet and ten thousand square feet. Up to 2 hives. Applies: Lots over 10,000 square feet. § 6.36.275 · code text Up to two hives can be kept on property with a lot size exceeding ten thousand square feet. Up to 2 hives. Applies: Lots between 5,000 and 10,000 square feet, with written unanimous consent of adjacent property owners. § 6.36.275 · code text With written unanimous consent from adjacent property owners, property with a lot size between five thousand square feet and ten thousand square feet can keep up to two hives Up to 3 hives. Applies: Lots over 10,000 square feet, with written unanimous consent of adjacent property owners. § 6.36.275 · code text property with a lot size exceeding ten thousand square feet can keep up to three hives. Allowed with registration. Applies: Hobbyist beekeepers on single-family residential property; the apiary is registered with the Santa Clara County Agricultural Commissioner. § 6.36.275 · code text Hobbyist beekeeper in single-family residential property must register any operating apiary with the Santa Clara County Agricultural Commissioner.
Coop setback	At least 25 feet from the rear property line and at least 10 feet from the side property line. Applies: All hives. § 6.36.275 · code text All hives must be located at least twenty-five feet from the rear property line and at least ten feet from the side yard property line that the apiary is registered in.
Permit	Written permission from the church, school, public building, dairy or corral. Applies: Before placing an apiary within a 1,000-foot radius of one of them. § 6.36.275 · code text Prior to placing an apiary within a one thousand-foot radius of a church, school, public building, dairy, or corral, the hobbyist beekeeper must obtain written permission from such entities.
Pet limit	No more than 5 dogs or 5 cats over 4 months old, or 5 combined; at most 1 unspayed female. Applies: Any premises except a licensed veterinarian's, unless a kennel permit is held. § 6.12.010 · code text No person shall keep or maintain more than five dogs over four months of age, or more than five cats over four months of age, or any combination totaling five dogs and cats, including no more than one unspayed female dog or one unspayed female cat, on any premises

Other Morgan Hill rules on this

Morgan Hill's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Permit to remove a protected or significant tree (Ch. 12.32)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How big can a shed or accessory building be in Morgan Hill?

City rule: accessory structures in required setback areas are limited to 12 ft, or 8 ft for above-ground pools and spas.

Can I run a business from my home in Morgan Hill?

City rule: a home business may use 25% of the home or 400 sq ft, whichever is less, with 1 client at a time.

Can I park an RV or boat at my home in Morgan Hill?

Morgan Hill's code: Vehicles over 22 ft long or 7 ft high: no stopping, standing or parking, except loading, unloading or temporary breakdowns. (Public streets next to residential-zone property.) (§ 10.40.210); No parking, except up to 10 consecutive hours to load or unload or for a temporary, unplanned breakdown. (Oversized vehicles (over 22 feet long or 7 feet high) on public streets next to residential-zone property.) (§ 10.40.210).

Do I need a permit for solar panels or an EV charger in Morgan Hill?

Morgan Hill's code: 1 garage space must be Level 2 EV Ready; a second space, if provided, must be Level 1 EV Ready. (New homes with private dedicated garages.) (§ 15.62.060); 40% of spaces: EVCS with Level 2 EV Ready; 60%: at least a Level 1 EV Ready space. (New multifamily residential buildings with shared parking.) (§ 15.62.060).

Can I keep chickens or bees at my home in Morgan Hill?

Morgan Hill's code: 1 hive. (Lots between 5,000 and 10,000 square feet.) (§ 6.36.275); Up to 2 hives. (Lots over 10,000 square feet.) (§ 6.36.275).

General information, not legal advice.

Ask about a specific Morgan Hill property

Ask GoCodebook how these rules apply to your address and get an answer that cites the section.

Ask your question

More on Morgan Hill

Morgan Hill Municipal Code — full text

Renting & eviction in Morgan Hill

Buying & selling in Morgan Hill

Morgan Hill overview