RESIDENTIAL FENCES
When high fences are built next to sidewalks, the neighborhood begins to look walled-in and detracts from the appearance and quality of the community. To ensure an attractive and safe neighborhood, the location, the Planning Division reviews location, design and building materials for fences.
The type of permit you need depends on the location and height of the proposed fence. The chart below summarizes the requirements. If your property is part of a Planned Development (PD), you will need to review your CC&R’s or consult with your homeowner association to determine fence height and location requirements.
Fence height is measured from the highest adjoining grade in side and rear yards, and from the top of the nearest curb in front yards. Fence height includes any lattice that is attached at the top.
Property Lines
In most cases, the front property line is located 11 feet from the face of the curb toward the house. In some areas, the front property line may be located closer to the street. Knowing the dimensions of your property can be useful when planning the location of a fence. Please contact the Public Works Department to determine the exact locations of your property lines.
Review Process
Depending on the type of fence you are proposing, there may be different procedural requirements. The following tables indicate which process is required for your fence. See handouts titled Miscellaneous Plan Permits or Use Permits for further information.
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An MPP application usually takes two weeks to review if it is complete and there is no appeal.
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A Use Permit requires a public hearing and will take six to eight weeks to process.
Required Front Yard
|
Up to 3 feet |
MPP (no fee) |
|
Over 3 feet – 6 feet |
MPP |
|
Over 6 feet – 7 feet |
MPP with Posting of Property |
|
Over 7 feet |
Use Permit |
Between Required Front Yard and House
|
Up to 6 feet |
No permit required |
|
Over 6 feet – 7 feet |
MPP |
|
Over 7 feet |
Use Permit |
Required Reducible Front Yard
|
Up to 6 feet |
MPP |
|
Over 6 feet – 7 feet |
MPP with Posting of Property |
|
Over 7 feet |
Use Permit |
Side or Rear Yard
|
Up to 6 feet |
No permit required |
|
Over 6 feet – 7 feet |
MPP with Fence Agreement |
| Over 6 feet – 7 feet | Use Permit without Fence Agreement |
|
Over 7 feet |
Use Permit |
Definitions
Reducible Front Yard – the longer street side of any corner lot, regardless of the orientation of the house.
Required Rear Yard Area – Area found by multiplying 20 ft. by the lot width.
Fence Agreements
A fence agreement is a written record signed by adjoining property owners stating agreement with the height of the proposed fence. If all adjoining property owners agree on a fence height of over 6 feet to 7 feet, a fence agreement can be signed and the application can be proceed with an MPP, rather than a Use Permit.
Fences Adjacent to the Sidewalk
In areas where there is a landscape strip between the sidewalk and the curb, fences may be built to the edge of the sidewalk. In these cases, the fence will be located in the public right-of-way. The City assumes no responsibility for the fence. If the fence needs to be removed to make repairs to the City infrastructure, the cost of replacing the fence is the property owner’s responsibility.
In areas where the sidewalk is directly adjacent to the curb, the fence may be built to the property line.
Additional Permits
All fences higher than six feet are required to obtain a building permit through the Building Safety Division. Refer to the Residential Fence section of the Building Safety Division.
Questions?
Call or visit the One-Stop Permit Center at City Hall. Planners are available to assist you between the hours of 8 a.m. to 12 p.m. and 1 p.m. to 5 p.m.
This handout is intended to be a general description of fences. For specific information, consult Sunnyvale Municipal Code 19.88.