Milpitas, CA Outdoor Cooking: BBQ & Propane Rules (2026)

Section C.2.020.E.3 of the Milpitas Municipal Code, part of the general accessory building and structure standards, states that built-in barbecue pits and water features such as fountains must not exceed six feet in height. Because a built-in barbecue pit is treated as a detached accessory structure, it also has to meet the location rules in Subsection C.2.020.D.3: it must sit on the rear half of the lot, stay at least six feet from any dwelling on the same lot, and, in the R1 and R2 zones, stay at least 14 feet from a residential structure on an adjacent lot.

The Municipal Code does not contain a citywide rule specifically limiting portable propane or charcoal grills on apartment or condominium balconies. The closest analogous restriction is a Fire Code amendment at Section V-300-2.95, which bars the storage or use of portable outdoor gas-fired heating appliances, patio heaters rather than grills, inside any occupancy connected to its fuel container, inside tents or canopies, or on exterior balconies and rooftops. That heater-specific ban does not extend to barbecue grills, so a resident using a portable propane grill on a balcony is not reached by either provision; the six-foot height cap in Section C.2.020 applies only to permanent, built-in barbecue installations.