Cupertino caps residential fences at 3 feet in the front yard setback and 6 feet in side and rear yard setbacks. An 8-foot fence is allowed where 6 feet is permitted with a building permit and written neighbor approval. Fences over 10 feet require a Fence Exception.
Under Cupertino Municipal Code Section 16.28.040, an interior residential lot may have a maximum 6-foot fence in the rear and side yard setback areas, and a maximum 3-foot fence (measured from finish grade) in the front yard setback. Corner lots also allow 6 feet in the required rear yard and along side yard lines, but no fence may extend into the front setback or the 40-foot corner triangle. Where a 6-foot fence is allowed, an 8-foot fence may be built instead with building permit approval plus written approval from adjacent owners. Fences taller than 10 feet are a statutory nuisance under California Civil Code Section 841.4 and need a Fence Exception.
Fences exceeding these heights without a permit or Fence Exception are an infraction under Section 16.28.070, penalized per Chapter 1.12; removal or lowering may be ordered.
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