Morgan Hill · Building on your lot

Building on your lot in Morgan Hill

Morgan Hill sets its own limits for accessory structures in setback areas and its own home-business rules. Accessory setbacks depend on the structure type and its height.

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Key points

Accessory height: City rule: accessory structures in required setback areas are limited to 12 ft, or 8 ft for above-ground pools and spas.
Home businesses: City rule: a home business may use 25% of the home or 400 sq ft, whichever is less, with 1 client at a time.

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

Sheds, garages and other accessory structures

Morgan Hill code City rule: accessory structures in required setback areas are limited to 12 ft, or 8 ft for above-ground pools and spas.

All 16 Morgan Hill rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

Morgan Hill code City rule: a home business may use 25% of the home or 400 sq ft, whichever is less, with 1 client at a time.

All 9 Morgan Hill rules on running a business from home, with the code text →

RV and boat parking

Morgan Hill code What Morgan Hill's code adds
Size limit	Vehicles over 22 ft long or 7 ft high: no stopping, standing or parking, except loading, unloading or temporary breakdowns. Applies: Public streets next to residential-zone property. § 10.40.210 · code text For the purposes of this section, the term "oversized vehicle" shall mean any vehicle or combination of vehicles that exceeds twenty-two feet in length or seven feet in height, exclusive of any projecting lights or devices allowed by the provisions of the California Vehicle Code.
Parking on the street	No parking, except up to 10 consecutive hours to load or unload or for a temporary, unplanned breakdown. Applies: Oversized vehicles (over 22 feet long or 7 feet high) on public streets next to residential-zone property. § 10.40.210 · code text Such exemption period shall not exceed ten consecutive hours.

Solar panels and EV chargers

Morgan Hill code 1 garage space must be Level 2 EV Ready; a second space, if provided, must be Level 1 EV Ready. 40% of spaces: EVCS with Level 2 EV Ready; 60%: at least a Level 1 EV Ready space.

All 5 Morgan Hill rules on solar panels and EV chargers, with the code text →

Swimming pools

Morgan Hill code Less than 2 inches between the ground and the bottom of the enclosure. Gaps may not let a 4-inch-diameter sphere pass through.

All 12 Morgan Hill rules on swimming pools, with the code text →

Pets, chickens and bees

Morgan Hill code 1 hive. Up to 2 hives.

All 8 Morgan Hill rules on pets, chickens and bees, with the code text →

Building in a flood zone

Morgan Hill code What Morgan Hill's code adds
Floodplain permit	A development permit is needed before any construction or development, including manufactured homes, begins in a special flood hazard area. § 15.80.120 · code text A development permit shall be obtained before any construction or other development, including manufactured homes, begins within any area of special flood hazard established in Section 15.80.070.
Building in a floodway	No new construction or development, including fill, unless all development combined raises base flood levels no more than 1 foot. Applies: Applies in zones AE and A1-30 until a regulatory floodway is adopted. The limit applies at any point in the city. § 15.80.200 · code text Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones AE and A1-30, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city of Morgan Hill. No encroachments, including fill, new construction and substantial improvement, unless a registered civil engineer certifies no base flood level rise. Applies: Applies within an adopted regulatory floodway, during the base flood discharge. § 15.80.200 · code text Within an adopted regulatory floodway, prohibit encroachments, including fill, new construction, substantial improvement, and other development unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in the base flood levels during the occurrence of the base flood discharge.
Height of the lowest floor	Lowest floor at least 1 foot above the flood map's depth number, measured from the highest adjacent grade. Applies: New or substantially improved homes in an AO zone where the flood map (FIRM) shows a depth number. § 15.80.160 · code text In an AO zone, elevated above the highest adjacent grade to a height at least one foot above the depth number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth number is specified. The lowest floor must be at least 3 feet above the highest adjacent grade. Applies: New or substantially improved homes in an AO zone where the flood map (FIRM) shows no depth number. § 15.80.160 · code text In an AO zone, elevated above the highest adjacent grade to a height at least one foot above the depth number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth number is specified. The lowest floor must be at least 1 foot above the base flood elevation. Applies: New or substantially improved homes in an unnumbered A zone, where the flood map (FIRM) shows no base flood elevation. § 15.80.160 · code text In an A zone, without base flood elevations specified on the FIRM (unnumbered A zone), elevated at least one foot above the base flood elevation, as determined under Section 15.80.140.C. The lowest floor must be at least 1 foot above the base flood elevation. Applies: New or substantially improved homes in AE, AH and A1-30 zones. § 15.80.160 · code text In AE, AH and A1-30 zones, elevated at least one foot above the base flood elevation.

Building on a hillside

Morgan Hill code Development must follow the engineering geologic or geotechnical report required under the geologic hazards rules. Areas sloping over 20% may not be graded, cleared of natural vegetation or otherwise altered for development.

All 4 Morgan Hill rules on building on a hillside, with the code text →

Park and impact fees for new homes

Morgan Hill code The fee is based on the average estimated fair market value of the land being subdivided. 5 acres per 1,000 people.

All 3 Morgan Hill rules on park and impact fees for new homes, 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)

Morgan Hill code 45 years (resale price restriction) 55 years (recorded affordable housing agreement)

All 9 Morgan Hill rules on affordable units in new housing (inclusionary), with the code text →

Parking spaces required for homes

Morgan Hill code 1 covered space per unit 1 covered and 1 uncovered space per unit

All 9 Morgan Hill rules on parking spaces required for homes, with the code text →

Home alarm permits and false alarms

Morgan Hill code 30 minutes A timing device must be installed if an alarm runs longer than 30 minutes

All 3 Morgan Hill rules on home alarm permits and false alarms, with the code text →

Signs on homes

Morgan Hill code No maximum number 6 sq. ft. maximum per sign

All 9 Morgan Hill rules on signs on homes, with the code text →

Trash and recycling carts

Morgan Hill code Garbage service is mandatory; the city manager may grant an exception on written application The city manager may grant a complete exemption, or let two premises share the same containers

All 4 Morgan Hill rules on trash and recycling carts, with the code text →

Historic homes

Morgan Hill code 45 years old or older, or located in a historic district A Historical Alteration Permit is required

All 7 Morgan Hill rules on historic homes, with the code text →

Other Morgan Hill rules on this

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

Permit to remove a protected or significant tree (Ch. 12.32)
Noise limits at the lot line (§ 18.76.090)
Unlawful noises, including blowers and fans (§ 8.28.040)
Limits on glare (§ 18.76.060)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Can I park an RV or boat at my home in Morgan Hill?

Morgan Hill's code: Vehicles over 22 ft long or 7 ft high: no stopping, standing or parking, except loading, unloading or temporary breakdowns. (Public streets next to residential-zone property.) (§ 10.40.210).

What are the rules for building in a Morgan Hill flood zone?

Morgan Hill's code: A development permit is needed before any construction or development, including manufactured homes, begins in a special flood hazard area. (§ 15.80.120); Lowest floor at least 1 foot above the flood map's depth number, measured from the highest adjacent grade. (New or substantially improved homes in an AO zone where the flood map (FIRM) shows a depth number.) (§ 15.80.160).

Can I run a family child care home in Morgan Hill?

California law sets this for every city, including Morgan Hill: 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)).

General information, not legal advice.

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