Bylaws Of Homeowners Without A Fence In San Jose
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A Setback Variance may be processed to provide limited reduction of the structure to the property lines. For example, a property owner may wish to construct a residence, but because a parcel's shape, size, or topography restricts the area that may be developed, a front, side, or rear yard encroachment may be necessary.
Detached Accessory Building used as tool shed, storage shed, playhouse, or similar use where the floor area is greater than 120 sq. ft. A building permit is not required for under 120 sq. ft.
The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 – 10 feet, while the front and back require around 10 – 20 feet at a minimum.
Ing to Rule VII, Section 708 of the NBC, the required minimum setbacks for residential buildings are as follows: Front yard: At least 3 meters. Side yard: At least 2 meters. Rear yard: At least 2 meters.
Front yard along the street - 3 feet maximum. Side yard along the street - 3 feet maximum. Rear and side yards that are not long the street - 7 feet maximum. Sightlines to the street from any driveway - Side and rear fence heights must be low enough to provide sightlines to the street from the driveway.
Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.
In San Jose, regulations for setbacks vary depending on the zoning district. R-1 Zoning District: Front yard: 20 feet. Side yard: 5 feet.
Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.
Under California law, property owners cannot remove or alter a neighbor's fence without following proper legal procedures, even in cases of encroachment. Removing or damaging someone else's property without consent could lead to legal consequences, including claims for trespass.
(b)(1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.
