Skip to content

San Jose · Building on your lot

Building on your lot in San Jose

San Jose sets its own limits on fences and accessory buildings, and has a separate chapter on home occupations. Fence height depends on the yard and on corner lots, and taller fences need a development permit.

Key points

  • Fence height: Residential fences are limited to 3 feet in the front setback and 7 feet in rear and side setbacks of interior lots (city rule).
  • Accessory height: In the R-1, R-2 and R-M districts, sloped-roof accessory buildings are limited to 16 feet if the mid-roof height is at most 12 feet.
  • Home businesses: The city has a separate chapter on home occupations.

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

Fences and walls

San Jose code Residential fences are limited to 3 feet in the front setback and 7 feet in rear and side setbacks of interior lots (city rule).

All 13 San Jose rules on fences and walls, with the code text →

Sheds, garages and other accessory structures

San Jose code In the R-1, R-2 and R-M districts, sloped-roof accessory buildings are limited to 16 feet if the mid-roof height is at most 12 feet.

All 3 San Jose rules on sheds, garages and other accessory structures, with the code text →

Lot splits under SB 9

San Jose code Floor area ratio and lot coverage limits cannot block a second unit of up to 800 square feet. At least 4 feet.

All 14 San Jose rules on lot splits under SB 9, with the code text →

RV and boat parking

San Jose code What San Jose's code adds
Front-yard parking
  • Allowed only when parked perpendicular to the street.
    Applies: Applies to recreational vehicles in the front yard of a residential property.
    § 17.72.610 · code text
    No person shall park or store any recreational vehicle in the front yard of property designed or used as a residence unless the recreational vehicle is parked or stored perpendicular to the street.

Solar panels and EV chargers

San Jose code The building permit is issued without discretion for complete applications that meet the approved checklist and city requirements. A nondiscretionary building permit; apply in person or online.

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

Tree removal

San Jose code Removal of ordinance-size trees is processed together with the ministerial ADU approval. At least one 15-gallon tree per tree removed, or one 24-inch box tree instead of two 15-gallon trees.

All 3 San Jose rules on tree removal, with the code text →

Swimming pools

San Jose code Openings, holes or gaps in the barrier may be no more than 4 inches in any dimension. The pool must be fully enclosed by a fence, wall or durable enclosure, which may include a building.

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

Pets, chickens and bees

San Jose code What San Jose's code adds
Pet limit
  • Limit is one of these mixes: 0 dogs/5 cats, 1 dog/4 cats, 2 dogs/3 cats, or 3 dogs/2 cats.
    Applies: Counts are for adult dogs and adult cats.
    § 7.40.020 · code text
    It is unlawful for any person to maintain, at any dwelling unit, more than any of the following combination of cats and dogs: Zero (0) adult dogs and five (5) adult cats; or One (1) adult dog and four (4) adult cats; or Two (2) adult dogs and three (3) adult cats; or Three (3) adult dogs and two (2) adult cats.

Also in San Jose's code: Maximum number of dogs and cats (§ 7.40.020); Limits on small animals near neighbors' homes (§ 7.60.815). This page does not summarize it yet.

Building in a flood zone

San Jose code You need a development permit before any construction or development, including manufactured homes, in a special flood hazard area. The lowest floor must be at or above the FIRM depth number.

All 4 San Jose rules on building in a flood zone, with the code text →

Grading and erosion control

San Jose code What San Jose's code adds
Grading without a permit
  • A notice of exemption replaces the grading permit when all limits are met, including 150 cubic yards or less.
    Applies: Digs up to 2 feet, fills up to 3 feet, slopes no steeper than 2:1; not in geologic hazard or Habitat Plan covered areas.
    § 17.04.310 · code text
    No engineered slope steeper than two to one or having a slope distance of greater than five feet;
  • Excavation below finished grade for basement or footings of a building, retaining wall or structure authorized by a building permit.
    Applies: Excludes excavated-material fill and unsupported height over 5 feet after completion. No exemption notice in special geologic hazard areas or for covered Habitat Plan activities.
    § 17.04.310 · code text
    An excavation below finished grade for basement or footings of a building, retaining wall, or other structures authorized by a valid building permit.

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
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
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
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Affordable units in new housing (inclusionary)

San Jose code An affordable housing development with a recorded unsubordinated affordability restriction on all non-manager units may be deemed to comply. Charged per square foot, based on the gap between the average attached market-rate sales price and the affordable price.

All 13 San Jose rules on affordable units in new housing (inclusionary), with the code text →

Signs on homes

San Jose code What San Jose's code adds
Other temporary signs
  • Up to 2 temporary signs at any time
    Applies: Each parcel, unless the code says otherwise
    § 23.04.340 · code text
    Unless expressly provided otherwise elsewhere, each parcel may display up to two temporary signs at any time.
  • 1 other temporary sign, up to 5 square feet, for no more than 2 months in a calendar year
    Applies: Residential parcel
    § 23.04.340 · code text
    Such sign shall not exceed five square feet in sign area on any residential parcel.

Trash and recycling carts

San Jose code must subscribe to the City's collection services for weekly collection of Recyclable Materials, Organic Materials, and other Solid Waste Standard service lets you put garbage and food waste together in the mixed waste container

All 5 San Jose rules on trash and recycling carts, with the code text →

Historic homes

San Jose code What San Jose's code adds
Changing a historic home
  • Historic review applies to the exterior only; the interior is not reviewed
    Applies: Landmarks and structures in historic districts; unless the city finds the structure cannot be preserved without preserving the interior
    § 13.48.250 · code text
    This part shall apply only to the exterior portions of landmarks or structures in historic districts and shall not apply to the interior portions thereof unless the director or the planning commission or the city council, as applicable, finds that the structure cannot be preserved without preserving the interior, in which event, the director or the planning commission or the city council, as applicable, shall exercise as little control over the interior as necessary to the preservation.
Mills Act tax incentive
  • Minimum term of 10 years; the owner spends at least 10% of tax savings yearly on preservation and maintenance
    Applies: Landmark property under a historical property contract; the city examines the property at least every 5 years
    § 13.48.520 · code text
    A requirement that the property owner(s) annually expend an amount equal to a minimum of ten percent of the tax savings attributed to this contract to the preservation and maintenance of the landmark property, and make this documentation available to the City of San José at the time of the periodic examination described above;

Other San Jose rules on this

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

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Can I run a business from my home in San Jose?

The city has a separate chapter on home occupations. San Jose also has a related rule: Home occupations (Ch. 20.80, Part 9).

Can I park an RV or boat at my home in San Jose?

San Jose's code: Allowed only when parked perpendicular to the street. (Applies to recreational vehicles in the front yard of a residential property.) (§ 17.72.610).

What are the grading rules in San Jose?

San Jose's code: A notice of exemption replaces the grading permit when all limits are met, including 150 cubic yards or less. (Digs up to 2 feet, fills up to 3 feet, slopes no steeper than 2:1; not in geologic hazard or Habitat Plan covered areas.) (§ 17.04.310); Excavation below finished grade for basement or footings of a building, retaining wall or structure authorized by a building permit. (Excludes excavated-material fill and unsupported height over 5 feet after completion. No exemption notice in special geologic hazard areas or for covered Habitat Plan activities.) (§ 17.04.310).

Can I run a family child care home in San Jose?

California law sets this for every city, including San Jose: 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)).

What signs may I put up at my home in San Jose?

San Jose's code: Up to 2 temporary signs at any time (Each parcel, unless the code says otherwise) (§ 23.04.340); 1 other temporary sign, up to 5 square feet, for no more than 2 months in a calendar year (Residential parcel) (§ 23.04.340).

What rules apply to a historic home in San Jose?

San Jose's code: Historic review applies to the exterior only; the interior is not reviewed (Landmarks and structures in historic districts; unless the city finds the structure cannot be preserved without preserving the interior) (§ 13.48.250); Minimum term of 10 years; the owner spends at least 10% of tax savings yearly on preservation and maintenance (Landmark property under a historical property contract; the city examines the property at least every 5 years) (§ 13.48.520).

General information, not legal advice.

Ask about a specific San Jose property

Ask GoCodebook how these rules apply to your address and get an answer that cites the section.

Ask your question

More on San Jose