San Jose · Building on your lot

Building on your lot in San Jose

San Jose sets its own limits on fences and accessory buildings, and has a separate chapter on home occupations. Fence height depends on the yard and on corner lots, and taller fences need a development permit.

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Key points

Fence height: Residential fences are limited to 3 feet in the front setback and 7 feet in rear and side setbacks of interior lots (city rule).
Accessory height: In the R-1, R-2 and R-M districts, sloped-roof accessory buildings are limited to 16 feet if the mid-roof height is at most 12 feet.
Home businesses: The city has a separate chapter on home occupations.

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

Fences and walls

San Jose code What San Jose's code adds
Corner visibility	No more than 3 feet in the corner triangle. Single-stem plants or bare trees may be 3 to 8 feet. Applies: Fences at the intersection of any two streets. § 17.24.030 · code text A fence located at the intersection of any two streets shall not exceed three feet in height within the corner triangle; provided however, that single-stem plants or trees without foliage with a height between three feet and eight feet may be planted and maintained within the corner triangle on any corner lot.
Height anywhere on the lot	No more than 7 feet high, unless specifically allowed by code or a development permit. § 17.24.050 · code text No fence may be erected or constructed which exceeds seven feet in height except as specifically allowed by Sections 17.24.030, and 17.24.060 through 17.24.150 inclusive, or by a development permit pursuant to Chapter 20.100 of Title 20 of the code.
Front yard height	No more than 3 feet high. Applies: Front setback area of interior and corner lots used for homes. § 17.24.030 · code text Front setback area: Fences not over three feet in height in the front setback area. No more than 6 feet high. Applies: Interior lots: the buildable area between the front setback and the front of the house. § 17.24.030 · code text Buildable area: Fences not over six feet in height in the buildable area between the front setback and the front of any existing or proposed residence.
Side and rear yard height	No more than 7 feet high. Applies: Rear setback area of interior lots. § 17.24.030 · code text Rear setback area: Fences not over seven feet in height in the rear setback area. No more than 7 feet high. Applies: Side setback area of interior lots. § 17.24.030 · code text Side setback area: Fences not over seven feet in height in the side setback area. No more than 7 feet high. Applies: Rear setback area of corner lots. § 17.24.030 · code text Rear setback area: Fences not over seven feet in height in the rear setback area. three feet Applies: Corner lots; rear setback area backing onto a side setback area of an adjacent key lot or corner lot, for twelve and one-half feet from the street property line and fifteen feet from the rear lot line § 17.24.030 · code text such fences shall not exceed three feet in height for a distance of twelve and one-half feet measured from the street property line and fifteen feet as measured from the rear lot line No more than 6 feet high. Applies: Corner lots: rear setback area next to a street, at least 5 feet from the lot line inside the sidewalk. § 17.24.030 · code text nor shall any fence exceed six feet in height in any rear setback area adjacent to a street so long as such fence is at least five feet from the lot line inside the sidewalk. No more than 3 feet high. Applies: Corner lots: rear setback area next to a street, within 5 feet of the lot line inside the sidewalk. § 17.24.030 · code text No fence shall exceed three feet in height in any rear setback area adjacent to a street between the lot line inside the sidewalk and five feet from the lot line inside the sidewalk. No more than 6 feet high. Applies: Corner lots: side setback area next to a street, at least 5 feet from the lot line inside the sidewalk. § 17.24.030 · code text Fences not over six feet in height in any side setback area adjacent to a street so long as such fence is at least five feet away from the lot line inside the sidewalk. No more than 3 feet high. Applies: Corner lots: side setback area next to a street, within 5 feet of the lot line inside the sidewalk. § 17.24.030 · code text No fence shall exceed three feet in height in any side setback area adjacent to a street between the lot line inside the sidewalk and five feet from the lot line inside the sidewalk.
Permit	A development permit may allow a fence over 7 feet. Applies: Fences over 7 feet high. § 17.24.050 · code text No fence may be erected or constructed which exceeds seven feet in height except as specifically allowed by Sections 17.24.030, and 17.24.060 through 17.24.150 inclusive, or by a development permit pursuant to Chapter 20.100 of Title 20 of the code.

Sheds, garages and other accessory structures

San Jose code What San Jose's code adds
Maximum height	No more than 16 feet high. Applies: Sloped-roof accessory buildings in the R-1, R-2 and R-M districts, if the height halfway up the roof is no more than 12 feet. § 20.30.530 · code text no portion of the accessory building exceeds a maximum height of sixteen feet. No more than 21 feet high. Applies: Solar panels on an accessory building, extending no more than 5 feet above the existing roof. § 20.30.530 · code text no portion of the solar photovoltaic system exceeds a maximum height of twenty-one feet.
Distance from the house	At least 6 feet from the walls of any other building on the property, including other accessory buildings. § 20.30.520 · code text The horizontal distance between any and all points between the building walls of any accessory building and the building walls of any other building on the property including any other accessory building(s) shall not be less than six feet.

Lot splits under SB 9

San Jose code Floor area ratio and lot coverage limits cannot block a second unit of up to 800 square feet. At least 4 feet.

All 14 San Jose rules on lot splits under sb 9, with the code text and the state law underneath →

RV and boat parking

San Jose code What San Jose's code adds
Front-yard parking	Allowed only when parked perpendicular to the street. Applies: Applies to recreational vehicles in the front yard of a residential property. § 17.72.610 · code text No person shall park or store any recreational vehicle in the front yard of property designed or used as a residence unless the recreational vehicle is parked or stored perpendicular to the street.

Solar panels and EV chargers

San Jose code What San Jose's code adds
EV charger permit	The building permit is issued without discretion for complete applications that meet the approved checklist and city requirements. Applies: Applies to complete applications. § 17.88.420 · code text The building official shall issue a building permit, the issuance of which is nondiscretionary, for complete applications that meet the requirements of the approved checklist and Part 3 of this chapter.
Solar permit process	A nondiscretionary building permit; apply in person or online. Applies: Applies to small home rooftop solar systems eligible for expedited review. § 17.86.420 · code text The building official shall issue a building permit, the issuance of which is nondiscretionary, on the same day for complete in person applications or complete online applications that meet the requirements of the approved checklist and Part 3 of this chapter.
Review time	The permit is issued the same day. Applies: Applies to complete in-person or online applications for small home rooftop solar that meet the approved checklist and city requirements. § 17.86.420 · code text The building official shall issue a building permit, the issuance of which is nondiscretionary, on the same day for complete in person applications or complete online applications that meet the requirements of the approved checklist and Part 3 of this chapter.

Tree removal

San Jose code What San Jose's code adds
Permit to remove	Removal of ordinance-size trees is processed together with the ministerial ADU approval. Applies: Applies to lots with an ADU project. Does not apply to heritage trees or palm trees in the Palm Haven Conservation Area. § 20.80.177 · code text Notwithstanding Chapter 13.32, the removal of ordinance-sized tree(s) from lots that meet requirements of this Part, excluding heritage tree(s) as defined in Section 13.32.140 or palm tree(s) in the Palm Haven Conservation Area, shall be processed concurrently with the ministerial approval for Accessory Dwelling Unit(s).
Replacement trees	At least one 15-gallon tree per tree removed, or one 24-inch box tree instead of two 15-gallon trees. Applies: Applies to one-family dwellings removing ordinance-size trees for an ADU. Replace onsite or by in-lieu payment. § 20.80.177 · code text Replacement with either one 15-gallon tree, or one 24-inch box tree in lieu of two 15-gallon trees, shall be provided onsite or through an in-lieu contribution as outlined below: At least 4 replacement trees for each tree removed (4:1). Applies: Applies to multi-family dwellings removing ordinance-size trees for an ADU. Replace onsite or by in-lieu payment. § 20.80.177 · code text For multi-family dwellings, the tree replacement shall be at a minimum 4:1 for each tree that is removed.

Swimming pools

San Jose code What San Jose's code adds
Pool barrier	Openings, holes or gaps in the barrier may be no more than 4 inches in any dimension. Applies: Applies to outdoor pools with permits filed on or after May 26, 1989, except openings protected by doors or gates. § 17.28.050 · code text openings, holes or gaps in the fence, wall or enclosure shall not exceed four inches in any dimension, except for openings, holes or gaps protected by doors or gates The pool must be fully enclosed by a fence, wall or durable enclosure, which may include a building. Applies: Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989. § 17.28.050 · code text Each outdoor swimming or wading pool constructed or installed within any premises shall be completely enclosed by a fence, wall or other durable enclosure. The barrier must be at least 4 feet from the nearest edge of the pool. Applies: Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989. § 17.28.050 · code text shall be located a minimum of four feet from the nearest edge of the pool
Barrier height	At least 4 feet tall at all points. Applies: Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989. § 17.28.050 · code text Such fence, wall or enclosure shall be not less than four feet in height at all points
Gates	self-closing and self-latching; latch device at least three-and one-half feet above the deck or walkway Applies: Any gate or door in the surrounding fence, wall or enclosure, including a garage-to-pool-area gate or door, but excluding doors in a surrounding building or enclosure other than a fence § 17.28.050 · code text Any gate or door in the surrounding fence, wall or enclosure, including those which open from a garage into the enclosed pool area, but excepting doors in any surrounding building or enclosure other than a fence, shall be equipped with a self-closing and self-latching device designed to keep the gate or door securely closed at all times when not in actual use. Such device shall be located at least three-and one-half feet above the deck or walkway.
Maintenance and empty pools	Home pools and outdoor spas may not be filled or refilled with drinking water by more than 1 foot. Applies: Applies when the city council declares a water shortage of 30% or greater. Refilling after leak repair is excepted. § 15.10.330 · code text no person shall cause, permit or allow initial filling or re-filling of more than one foot except for re-filling after repair for leaks, of residential swimming pools or outdoor spas with potable water

Other San Jose rules on this

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

Home occupations (Ch. 20.80, Part 9)
Maximum number of dogs and cats (§ 7.40.020)
Limits on small animals near neighbors' homes (§ 7.60.815)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in San Jose?

Residential fences are limited to 3 feet in the front setback and 7 feet in rear and side setbacks of interior lots (city rule).

How big can a shed or accessory building be in San Jose?

In the R-1, R-2 and R-M districts, sloped-roof accessory buildings are limited to 16 feet if the mid-roof height is at most 12 feet.

Can I run a business from my home in San Jose?

The city has a separate chapter on home occupations. San Jose also has a related rule: Home occupations (Ch. 20.80, Part 9).

Can I park an RV or boat at my home in San Jose?

San Jose's code: Allowed only when parked perpendicular to the street. (Applies to recreational vehicles in the front yard of a residential property.) (§ 17.72.610).

Do I need a permit for solar panels or an EV charger in San Jose?

San Jose's code: The building permit is issued without discretion for complete applications that meet the approved checklist and city requirements. (Applies to complete applications.) (§ 17.88.420); A nondiscretionary building permit; apply in person or online. (Applies to small home rooftop solar systems eligible for expedited review.) (§ 17.86.420).

Do I need a permit to remove a tree in San Jose?

San Jose's code: Removal of ordinance-size trees is processed together with the ministerial ADU approval. (Applies to lots with an ADU project. Does not apply to heritage trees or palm trees in the Palm Haven Conservation Area.) (§ 20.80.177); At least one 15-gallon tree per tree removed, or one 24-inch box tree instead of two 15-gallon trees. (Applies to one-family dwellings removing ordinance-size trees for an ADU. Replace onsite or by in-lieu payment.) (§ 20.80.177).

What are the pool fence and setback rules in San Jose?

San Jose's code: Openings, holes or gaps in the barrier may be no more than 4 inches in any dimension. (Applies to outdoor pools with permits filed on or after May 26, 1989, except openings protected by doors or gates.) (§ 17.28.050); The pool must be fully enclosed by a fence, wall or durable enclosure, which may include a building. (Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989.) (§ 17.28.050).

General information, not legal advice.

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