Fairfax · Building on your lot

Building on your lot in Fairfax

Fairfax sets its own limits on fences and home businesses, and has its own sections on accessory structures in residential zones. Fence height depends on the distance from the front setback line.

Ask about building on your lot in Fairfax See coverage

Key points

Fence height: Fairfax limits fences to 4 feet in any yard and 6 feet behind the front setback line; taller ones need a Planning Commission variance.
Home businesses: Fairfax does not allow barbershops, animal hospitals, beauty parlors or dancing schools as home businesses, and charges a business license fee.
Accessory structures: Fairfax has its own sections on accessory uses and structures in its RS-7.5, RS-6, RD and UR residential zones.

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

Fences and walls

Fairfax code Fairfax limits fences to 4 feet in any yard and 6 feet behind the front setback line; taller ones need a Planning Commission variance.

All 3 Fairfax rules on fences and walls, with the code text →

Running a business from home

Fairfax code What Fairfax's code adds
Permit	A business license fee set by Town Council resolution. § 5.16.060 · code text Any person engaged in a home occupation, defined as a business conducted entirely within a dwelling and carried on exclusively and secondary to the use of the dwelling for dwelling purposes which does not change the character thereof, and in connection with which there is no display, no stock in trade, no outside storage of equipment and no commodity sold upon the premises, shall pay a business license fee to be set by resolution of the Town Council.
Businesses not allowed	barbershop, animal hospital, beauty parlor and dancing school § 5.16.060 · code text Such uses as barbershop, animal hospital, beauty parlor and dancing school shall not be deemed to be home occupations.

Lot splits under SB 9

Fairfax code What Fairfax's code adds
Standards	Only individual owners may apply; the lot must be single-family zoned, not historic, and not from a prior urban split. Applies: Applies to urban lot splits. § 16.22.010 · code text The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Cal. Gov’t Code §§ 66410 et seq.), including implementing requirements as set forth in Title 16, except as otherwise expressly provided in this section.

Solar panels and EV chargers

Fairfax code Only an electrical permit is required. Decision to approve or deny within 3 days after the application is complete.

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

Tree removal

Fairfax code What Fairfax's code adds
Exemptions	Removal at once is allowed with approval of the Director, police or fire officers, Public Works Director, or Committee members. Applies: Applies when a tree's condition or location is an emergency. § 8.36.120 · code text Where the condition or location of a tree constitutes an Emergency, the tree may be removed immediately by permission of the Director, by any officer of the Police or Fire Departments, the Director of Public Works, or any member of the Committee.
Permit to remove	Yes, a permit is required. Applies: Applies to removing or altering any tree; the Director may grant it ministerially for dead, very diseased, or fire-hazard undesirable species. § 8.36.040 · code text It is unlawful to remove or alter any tree without a permit except as provided in this chapter.

Swimming pools

Fairfax code What Fairfax's code adds
Pool barrier	The pool rules of California Building Code § 3109 and Residential Code Appendix CI apply. Applies: Applies to existing, remodeled and new swimming pools. § 15.04.035 · code text The Town Council finds and determines that the maintenance of swimming pools without protective measures constitutes a hazard to the safety of children and other inhabitants of the town, and therefore the regulations contained in § 3109 of the California Building Code and Appendix CI of the California Residential Code, are hereby adopted and shall apply to existing as well as remodeled and new swimming pools.

Pets, chickens and bees

Fairfax code What Fairfax's code adds
Large animals	Livestock at least 50 feet from the street the lot faces, any dwelling on the lot, and neighboring lot lines. Applies: Applies in the A Agricultural and Conservation District. § 17.120.050 · code text No livestock or any building used in connection with the same shall be located or maintained on any lot closer than 50 feet to the street upon which the lot faces, or closer than 50 feet to any dwelling on the same lot, or closer than 50 feet to any property line of any contiguous lot. No horses, burros, cattle, pigs, calves, goats or sheep within 200 feet of any home window or door. § 6.16.040 · code text It is unlawful for any person to keep or permit to be kept any horse, burro, cow, steer, bull, pig, calf, goat or sheep within 200 feet of any window or door of any residence or dwelling in the town, or to permit any such animal to remain within such distance of any window or door of any residence or dwelling.

Building in a flood zone

Fairfax code What Fairfax's code adds
Floodplain permit	You need a development permit before building in flood or mudflow hazard areas, including structures, fill, material storage and drainage. § 17.068.120 · code text A development permit shall be obtained before construction or development begins within any area of special flood hazards or areas of mudslide (i.e., mudflow) established in § 17.068.070.
Building in a floodway	No fill, construction or other encroachment unless a registered engineer or architect certifies it will not raise base flood levels. Applies: Applies in designated floodways. § 17.068.250 · code text Prohibit encroachments, 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	The lowest floor, including basement, must be at or above the base flood elevation. Applies: New or substantially improved buildings in special flood hazard areas other than zone AO. § 17.068.210 · code text New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Lowest floor: at least the flood map depth number above the highest adjacent ground, or at least 2 feet otherwise. Applies: New or substantially improved buildings in zone AO. § 17.068.210 · code text New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified.

Building on a hillside

Fairfax code Keep cuts, fills and retaining walls to a minimum, except those needed only for foundations. No part of a building may be taller than 28.5 feet.

All 5 Fairfax rules on building on a hillside, with the code text →

Noise and construction hours

Fairfax code Noise may not exceed 40 dBA. Noise may not exceed 50 dBA.

All 4 Fairfax rules on noise and construction hours, 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)

Parking spaces required for homes

Fairfax code One guest parking space. 1 space.

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

Trash and recycling carts

Fairfax code What Fairfax's code adds
When carts must come back	Remove containers within 24 hours after pickup. § 8.08.040 · code text must be removed from the town right-of-way within 24 hours after pickup.
When carts may go to the curb	Not before the night before pickup § 8.08.040 · code text The collection containers may be set out the night before pickup at the designated collection location

Other Fairfax rules on this

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

Accessory uses and structures, RS-7.5 single-family zone (§ 17.076.040)
Accessory uses and structures, RS-6 single-family zone (§ 17.080.040)
Accessory uses and structures, RD residential zone (§ 17.084.040)
Accessory uses and structures, UR upland residential zone (§ 17.124.040)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How big can a shed or accessory building be in Fairfax?

Fairfax has its own sections on accessory uses and structures in its RS-7.5, RS-6, RD and UR residential zones. Fairfax also has a related rule: Accessory uses and structures, RS-7.5 single-family zone (§ 17.076.040); Accessory uses and structures, RS-6 single-family zone (§ 17.080.040); Accessory uses and structures, RD residential zone (§ 17.084.040); Accessory uses and structures, UR upland residential zone (§ 17.124.040).

Can I run a business from my home in Fairfax?

Fairfax does not allow barbershops, animal hospitals, beauty parlors or dancing schools as home businesses, and charges a business license fee.

Can I split my lot under SB 9 in Fairfax?

Fairfax's code: Only individual owners may apply; the lot must be single-family zoned, not historic, and not from a prior urban split. (Applies to urban lot splits.) (§ 16.22.010).

Do I need a permit to remove a tree in Fairfax?

Fairfax's code: Yes, a permit is required. (Applies to removing or altering any tree; the Director may grant it ministerially for dead, very diseased, or fire-hazard undesirable species.) (§ 8.36.040); Removal at once is allowed with approval of the Director, police or fire officers, Public Works Director, or Committee members. (Applies when a tree's condition or location is an emergency.) (§ 8.36.120).

What are the pool fence and setback rules in Fairfax?

Fairfax's code: The pool rules of California Building Code § 3109 and Residential Code Appendix CI apply. (Applies to existing, remodeled and new swimming pools.) (§ 15.04.035).

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

Fairfax's code: You need a development permit before building in flood or mudflow hazard areas, including structures, fill, material storage and drainage. (§ 17.068.120); The lowest floor, including basement, must be at or above the base flood elevation. (New or substantially improved buildings in special flood hazard areas other than zone AO.) (§ 17.068.210).

Can I run a family child care home in Fairfax?

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

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

Fairfax's code: Remove containers within 24 hours after pickup. (§ 8.08.040); Not before the night before pickup (§ 8.08.040).

General information, not legal advice.

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