Clayton · Building on your lot

Building on your lot in Clayton

Clayton sets height and setback limits for accessory structures and limits fences and plantings near intersections. It also has a chapter on home occupation permits.

Ask about building on your lot in Clayton See coverage

Key points

Accessory structures: Accessory structures are limited to 16 feet; the reduced 5-foot side and rear setbacks need at least 65 feet from the front lot line.
Corner visibility: Near intersections, fences and plantings are limited to 2½ feet above curb grade or 3 feet above the pavement within a 35-foot triangle.
Home businesses: Clayton issues home occupation permits under Chapter 17.71 of its code.

Each rule below is marked Clayton code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Clayton code What Clayton's code adds
Corner visibility	Nothing over 2½ feet above curb grade or 3 feet above pavement edge within a 35-foot triangle at the intersection. Applies: Visibility triangles where state highways, public roads or city streets meet. § 12.08.010 · code text No structure (including but not limited to fences and gateways), trees, shrubbery or other vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road, or city street with another state highway, public road or city street, shall be constructed, grown, maintained or permitted higher than two and one-half (2½) feet above the curb grade, or three (3) feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines thirty-five (35) feet back from the point of their intersection
Permit	Yes. A permit is needed for a fence, hedge or planting in a right-of-way that could block people or vehicles. Applies: Fences, hedges, shrubs, plantings or similar structures in a right-of-way. § 12.04.510 · code text No hedge, shrub, or other planting whatever, fence or similar structure shall be planted, erected, or maintained in a right-of-way where there is a potential to impair or impede pedestrian or vehicular traffic without a permit.

Sheds, garages and other accessory structures

Clayton code Accessory structures are limited to 16 feet; the reduced 5-foot side and rear setbacks need at least 65 feet from the front lot line.

All 5 Clayton rules on sheds, garages and other accessory structures, with the code text →

Solar panels and EV chargers

Clayton code Expedited administrative review; the permit issues after the Building Official approves a complete application and fees are paid. Panels may not exceed the zoning district's building height limit to qualify for the expedited permit.

All 3 Clayton rules on solar panels and EV chargers, with the code text →

Tree removal

Clayton code Emergency removal is allowed if the owner applies within 72 hours after removal. Emergency removal is allowed; the owner applies within 72 hours after removal.

All 9 Clayton rules on tree removal, with the code text →

Swimming pools

Clayton code Openings, holes or gaps no larger than 4 inches, measured horizontally. A house or accessory building may form part of the enclosure.

All 6 Clayton rules on swimming pools, with the code text →

Pets, chickens and bees

Clayton code No more than 2 agricultural animals. Barns, stables or shelters: at least 100 feet from the front line and 50 feet from side or rear lines.

All 6 Clayton rules on pets, chickens and bees, with the code text →

Building in a flood zone

Clayton code What Clayton's code adds
Floodplain permit	A Development Permit is needed before construction or development begins in any special flood hazard area. Applies: Construction or development in any special flood hazard area. § 15.58.061 · code text A Development Permit shall be obtained before construction or development begins within any area or special flood hazards, established in Section 15.58.052.
Building in a floodway	Fill, new building, substantial improvements and encroachment are banned unless an engineer or architect certifies no flood-level rise. Applies: Areas designated as floodways. § 15.58.075 · code text Prohibit encroachment, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Height of the lowest floor	Lowest floor, including the basement, at or above the base flood elevation. Applies: New or substantially improved homes in special flood hazard areas. § 15.58.071 · code text New construction and substantial improvements of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.

Grading and erosion control

Clayton code An embankment over 1 foot high or over 5 cubic yards that blocks a drainage course. Digging for permitted basements, footings, retaining walls or pools, unless over 5 feet unsupported; wells, tunnels or utilities.

All 3 Clayton rules on grading and erosion control, with the code text →

Family child care homes

CA state law California law
Zoning	A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning Health & Safety Code § 1597.45(a)
Business license or fee	A city or county may not charge a business license, fee or tax to run a family child care home Health & Safety Code § 1597.45(b)
Local rules	Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone Health & Safety Code § 1597.45(e)
Small home	Up to eight children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(c)
Large home	7 to 14 children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(b)

Affordable units in new housing (inclusionary)

Clayton code Residential developments with fewer than 10 dwelling units are exempt from inclusionary housing. The in-lieu fee follows the schedule set by City Council resolution, as adjusted from time to time by resolution.

All 6 Clayton rules on affordable units in new housing (inclusionary), with the code text →

Home alarm permits and false alarms

Clayton code What Clayton's code adds
How long an alarm may sound	An audible alarm system must be designed to turn off its sound within 30 minutes. § 9.18.040 · code text Each audible alarm system shall be designed to deactivate the sound within thirty (30) minutes.
Alarm permit	Registration is required, with a $10.00 fee. Applies: Residential alarm system. § 9.18.040 · code text A registration fee of ten dollars ($10.00) for a residential alarm system Register within 30 days after the City notifies you. No registration fee applies. Applies: Alarm system installed before the effective date of this chapter. § 9.18.040 · code text An alarm user whose alarm system was installed before the effective date of this chapter shall register the alarm system within thirty (30) days after notification of the registration requirement by the City and shall not be subject to the requirement of paying a registration fee.

Signs on homes

Clayton code What Clayton's code adds
Election and other noncommercial signs	Each sign may be up to 16 square feet. There is no limit on total signage displayed at one time. Applies: Temporary noncommercial signs on private real property. § 15.08.040 · code text Temporary noncommercial signs on private real property, provided the individual sign displayed does not exceed sixteen (16) square feet in area, with no limit on the aggregate signage displayed at one time.
Signs that need no permit	Up to 2 square feet. Applies: Address signs. § 15.08.040 · code text Address signs, provided the sign does not exceed two (2) square feet in area.

Trash and recycling carts

Clayton code What Clayton's code adds
When carts must come back	Remove the container no later than 10:00 p.m. on the day of collection. § 8.04.110 · code text Each Solid Waste Container placed at the curb line for Collection shall be placed there no earlier than 12:00 p.m. (noon) of the day preceding the day of Collection and shall be removed no later than 10:00 p.m. of the day of Collection.
When carts may go to the curb	No earlier than 12:00 p.m. (noon) on the day preceding the day of Collection § 8.04.110 · code text Each Solid Waste Container placed at the curb line for Collection shall be placed there no earlier than 12:00 p.m. (noon) of the day preceding the day of Collection and shall be removed no later than 10:00 p.m. of the day of Collection.

Other Clayton rules on this

Clayton's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Home occupation permits (Ch. 17.71)
Noise rules (Ch. 9.30)
Outdoor lighting at homes (Ch. 8.09) — residential zones only
Park land or park fee for a new home (§ 16.12.010)
Community facilities fee on new development (Ch. 3.16)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in Clayton?

Near intersections, fences and plantings are limited to 2½ feet above curb grade or 3 feet above the pavement within a 35-foot triangle.

Can I run a business from my home in Clayton?

Clayton issues home occupation permits under Chapter 17.71 of its code. Clayton also has a related rule: Home occupation permits (Ch. 17.71).

What are the rules for building in a Clayton flood zone?

Clayton's code: A Development Permit is needed before construction or development begins in any special flood hazard area. (Construction or development in any special flood hazard area.) (§ 15.58.061); Lowest floor, including the basement, at or above the base flood elevation. (New or substantially improved homes in special flood hazard areas.) (§ 15.58.071).

Can I run a family child care home in Clayton?

California law sets this for every city, including Clayton: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Do I need a permit for a home alarm in Clayton?

Clayton's code: An audible alarm system must be designed to turn off its sound within 30 minutes. (§ 9.18.040); Registration is required, with a $10.00 fee. (Residential alarm system.) (§ 9.18.040).

What signs may I put up at my home in Clayton?

Clayton's code: Each sign may be up to 16 square feet. There is no limit on total signage displayed at one time. (Temporary noncommercial signs on private real property.) (§ 15.08.040); Up to 2 square feet. (Address signs.) (§ 15.08.040).

When can trash carts go out to the curb in Clayton?

Clayton's code: Remove the container no later than 10:00 p.m. on the day of collection. (§ 8.04.110); No earlier than 12:00 p.m. (noon) on the day preceding the day of Collection (§ 8.04.110).

General information, not legal advice.

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