In unincorporated Santa Clara County, fence height is regulated by the County Zoning Ordinance administered by the Department of Planning and Development. Fences, hedges, and screen plantings cannot exceed 3 feet in height in required front yards or in the street side or corner-lot side yards adjacent to key lots. Fences up to 6 feet are allowed elsewhere on a residential lot, with up to 8 feet permitted around required swimming pool enclosures and along rear yards abutting major thoroughfares of four or more lanes. Where non-residential districts adjoin residential districts, common-line fences cannot exceed 6 feet (3 feet beyond the residential setback). Contact Planning at (408) 299-5700. The 15 cities in the county apply their own zoning codes within their limits.
Fence height in unincorporated Santa Clara County is governed by the County Zoning Ordinance maintained by the Department of Planning and Development at 70 W. Hedding Street, San Jose. Fence height limitations depend on whether the property is in an urban or rural zoning district and on where on the lot the fence is placed. In residential districts, fences, hedges, and screen plantings cannot exceed 3 feet in height in any required front yard or in the street side or corner-lot side yard adjacent to a key lot, in order to preserve sight distance and neighborhood character. Fences or hedges not exceeding 6 feet in height may occupy any other portion of a residential lot. Where another zoning district adjoins a residential or PD district, fences on the common lot line cannot exceed 6 feet, and cannot exceed 3 feet beyond the front or side setback line of the adjacent residential lot. Fencing required to enclose the immediate swimming pool area may be erected up to 8 feet in height. Rear yard fencing abutting a major thoroughfare of four or more motor vehicle lanes may also be erected up to 8 feet. Fence height is measured from the average elevation of the finished lot grade on both sides of the fence. Building permits are generally not required for residential fences 6 feet or less in height under the California Building Code, but a permit is required at greater heights or for retaining walls combined with fencing. Properties in the Santa Cruz Mountains, Stanford, San Martin, and other special planning areas may have additional standards. Within the 15 incorporated cities in the county, those cities' zoning codes govern fences on properties inside their corporate limits.
Fences exceeding the County Zoning Ordinance height limits or placed inside required sight-clearance areas can be cited by County Code Enforcement under the general zoning violation provisions of the County Ordinance Code. Owners may be required to lower the fence, remove the obstruction in a corner-lot vision area, or obtain a variance from the Planning Commission. Continuing zoning violations may be abated as a public nuisance and enforced through administrative penalties or in Superior Court. Pool fencing failing the height/enclosure requirements can also be cited under California Health & Safety Code 115920 et seq.
See how Santa Clara County's height limits rules stack up against other locations.
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