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Modesto, CA Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

R-1 zone max height
2 stories / 30 ft
R-2 zone max height
2 stories / 30 ft
R-3 zone max height
3 stories / 42 ft
Height exceedance requires
Conditional use permit
Roof equipment allowance
Up to 10 ft over limit
2nd-story review trigger
16 ft to top plate

Summary

Modesto caps main dwellings at 2 stories or 30 feet, whichever is less, in the R-1 and R-2 zones, and at 3 stories or 42 feet in R-3. A conditional use permit can push a church, government, or utility building higher, and roof equipment gets a separate allowance.

HEIGHT REQUIREMENTS Structure (maximum height in stories/feet, whichever is less) 2/30 2/30 3/42 See Sections 10-4.109 and 10-4.110 Exceeding the maximum height may be permitted by a conditional use permit for structures occupied by the following uses: church, building or facility operated by a governmental agency, building or facility operated by a utility company. See Section 10-4.401 for height exceptions.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).

Full Breakdown

110, sets the maximum height for a residential structure at 2 stories or 30 feet, whichever is less, in both the R-1 (Low-Density Residential) and R-2 (Medium-Density Residential) zones. In the R-3 (Medium-High-Density Residential) zone the cap rises to 3 stories or 42 feet, whichever is less. 401. Those exceptions let roof-mounted equipment such as chimneys, elevator housings, mechanical equipment, stairways, and vents exceed the base limit by up to 10 feet, subject to the California Building Code, and let architectural features like towers, spires, cupolas, and flagpoles rise up to 25 percent above the limit or 10 feet, whichever is less.

109(b) adds a design layer: in the R-2 and R-3 zones, any project with a second-story component that goes through development plan review must also be evaluated against the Multi-Family Residential Design Guidelines and the Neighborhood Compatibility Guidelines, on top of meeting the numeric height cap. 110 once its height above grade to the top plate line reaches 16 feet or two stories, whichever comes first, so a project can be within the 30-foot cap and still trigger that extra design review.

Violations & Fines

Building Safety reviews every permit application against the Table 4.1-1 height cap before construction can begin; plans exceeding 30 feet in R-1/R-2 or 42 feet in R-3 without an approved conditional use permit are rejected. A structure built over the limit without the required Board-approved conditional use permit is subject to a stop-work order and must be modified or brought before the Board of Zoning Adjustment for relief.

Frequently Asked Questions

How tall can a house be in Modesto's R-1 zone?
Two stories or 30 feet, whichever is less, under Table 4.1-1 at Section 10-4.109. The same 30-foot cap applies in the R-2 zone; only the R-3 zone allows a third story, up to 42 feet.
Can a Modesto homeowner build taller than the residential height cap?
Only with a conditional use permit, and Section 10-4.109(a) limits that option to structures occupied by a church, a government agency facility, or a utility company building. Ordinary dwellings cannot obtain a height variance beyond the numeric cap.
Do chimneys and rooftop equipment count against the height limit in Modesto?
They get a separate allowance under Section 10-4.401: chimneys, elevator housings, and similar equipment may exceed the base height limit by up to 10 feet, subject to the California Building Code, without needing a conditional use permit.

Sources & Official References

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