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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.

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 What Fairfax's code adds
Front yard height
  • Fences up to 4 feet high, measured from the ground at each point.
    Applies: Allowed in any yard or court.
    § 17.044.080 · code text
    If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, they may be located in any yard or court.
Side and rear yard height
  • Fences up to 6 feet high, measured from the ground at each point.
    Applies: Allowed anywhere behind the front setback line.
    § 17.044.080 · code text
    If not exceeding at any point six feet in height above the elevation of the surface of the ground at such point, they may be located at any point to the rear of the front setback line.
Permit
  • A Planning Commission variance is required for fences, walls, hedges or bulkheads over 6 feet.
    Applies: Applies to heights over 6 feet.
    § 17.044.080 · code text
    fences, walls, hedges or bulkheads may be maintained at higher heights only after obtaining a variance from the Planning Commission.

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 What Fairfax's code adds
EV charger permit
  • Only an electrical permit is required.
    Applies: Applies to electric vehicle charging stations.
    § 15.04.065 · code text
    only an electrical permit shall be required for an electric vehicle charging station.
  • Decision to approve or deny within 3 days after the application is complete.
    Applies: Applies to permit decisions after a complete application.
    § 15.04.065 · code text
    The decision to approve or deny the permit shall be issued in accordance with the timeframes adopted by the Town Council and in no event later than three days after the application is deemed complete.
Solar permit process
  • Administrative, nondiscretionary review; a permit is issued when a complete application meets the checklist and standard plan.
    Applies: Applies to small rooftop home solar systems.
    § 17.138.260 · code text
    The Planning and Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems subject to this subchapter.
Review time
  • Same day.
    Applies: Applies to over-the-counter applications.
    § 17.138.260 · code text
    The Planning and Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications
  • Within 1 to 3 business days.
    Applies: Applies to electronic applications.
    § 17.138.260 · code text
    or within one to three business days for electronic applications of receipt of a complete application that meets the requirements of the approved checklist and standard plan

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.

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.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in Fairfax?

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

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 for solar panels or an EV charger in Fairfax?

Fairfax's code: Only an electrical permit is required. (Applies to electric vehicle charging stations.) (§ 15.04.065); Decision to approve or deny within 3 days after the application is complete. (Applies to permit decisions after a complete application.) (§ 15.04.065).

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

Fairfax's code: 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); 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).

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).

Can I keep chickens or bees at my home in Fairfax?

Fairfax's code: Livestock at least 50 feet from the street the lot faces, any dwelling on the lot, and neighboring lot lines. (Applies in the A Agricultural and Conservation District.) (§ 17.120.050); No horses, burros, cattle, pigs, calves, goats or sheep within 200 feet of any home window or door. (§ 6.16.040).

General information, not legal advice.

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