On the valley floor, Milpitas Zoning Ordinance Section C.2.040 caps fences and walls at 42 inches within a required front setback, 42 inches within 10 feet of a street side property line (six feet beyond 10 feet), and six feet within interior side and rear setbacks. Corner-lot visibility-triangle fences may not exceed three feet.
Fence and wall heights in Milpitas are set by Section C.2.040 (Fences, Walls, and Hedges) of the Comprehensive Zoning Ordinance, with separate limits for the valley floor and the 'H' Hillside Combining District. For valley-floor properties outside the hillside district, Subsection C.2.040.C lists maximum heights: 42 inches within a required front setback; within a required street side setback, 42 inches when within 10 feet of the property line and six feet when 10 feet or more from it; and six feet within required interior side and rear setbacks. Stricter front limits exist so traffic to and from driveways stays visible and homes remain visible from the street. Height is measured under Subsection A.6.090 from finished grade to the top of the fence or wall at any point, including barbed-wire tops; where grade differs on each side, height may be measured from the higher side. Several exceptions allow more height: fences next to recreational areas or sports courts may reach 12 feet if the part above six feet is at least 50 percent openwork, and in residential zones rear and side fences may rise to eight feet with written consent of adjoining property owners. In the hillside district, fences and walls are limited to 54 inches and must be openwork.
Fences exceeding the Section C.2.040 limits, or corner-lot fences over three feet in the visibility triangle, can be cited as zoning violations and ordered modified or removed by code enforcement; fences over seven feet also require a building permit under the Milpitas Municipal Code.
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