Fairfax — Land Use

Last reviewed: July 2, 2026

Overview

This page summarizes what the Fairfax zoning ordinance (Title 17) actually allows and restricts on land use — who can occupy parcels, which activities are permitted versus conditional, and the key dimensional controls that commonly determine feasibility. It is grounded in the Town of Fairfax Zoning Code; where a use or standard is stated below I cite the controlling code section (for example, § 17.088.020) and the local ordinance file that contains it. For procedural topics you will likely use the town’s zoning webpages for forms and timing; see the internal links embedded below for related procedures such as parking, setbacks/development standards, design review, overlay districts, ADUs, and the California Building Standards Code.

• Parking: Fairfax Parking — check the off-street requirements that are applied to many zones via chapter references (see zone-specific off‑street parking citations below).
• Setbacks / development standards: Fairfax Development Standards
• Design review: Fairfax Design Review
• Overlays: Fairfax Overlay Districts
• ADUs: Fairfax ADUs
• California Building Code reference: California Building Standards Code
• Nonconforming / Variances references: Fairfax Nonconforming Uses and Fairfax Variances and Exceptions

Always confirm parcel‑specific rules with the Town: many allowable intensities and dimensional standards are tied to the parcel’s zone, slope, or General Plan designation. Verify with the jurisdiction.

District-by-district breakdown

Below are the principal zoning districts most commonly encountered in Fairfax and the ordinance sections that actually define permitted uses, conditional uses, accessory uses and the critical dimensional rules. Each district name and the key numeric standards are bolded.

Notes on citations: I give the controlling code section(s) after key policy statements and cite the ordinance extract returned by the file search.

RM — Multiple-family Residential (CHAPTER 17.088)

• Purpose: The RM zone is intended for multiple dwellings and apartments at a prescribed density; the chapter states that no premises may be used except as set forth in the chapter. § 17.088.010 .
• Typical permitted uses: multiple dwellings and apartments at a density of not more than one living unit per 4,356 sq ft (unless a density bonus or use permit applies); large family day care, supportive housing, transitional housing (zoning permit with standards) are explicitly allowed. § 17.088.020 .
• Conditional uses: denser multi‑family at one unit per 3,000 sq ft, duplexes, public/quasi‑public buildings, public utilities (non‑transmission), and other uses the Planning Commission finds similar require a use permit. § 17.088.030 .
• Accessory uses: typical residential accessory structures and up to two ADUs or one JADU subject to Chapter 17.048 standards; short‑term rental rules are separately restricted. § 17.088.040 .
• Key dimensional standards: frontage, yards and heights are governed in the chapter (see § 17.088.050–070 for design review/height/yards) and off‑street parking requirements apply via the referenced parking chapter. See § 17.088.060 and § 17.088.070. § 17.088.060–070 .

Practical guide: If you plan a multi‑unit project in RM, confirm whether you are within the base density (1 per 4,356 sq ft) or will need a use permit for higher density; supportive/transitional housing may be allowed with a ministerial zoning permit if state‑law standards are met (see § 17.088.020) .

RM‑S — Multiple‑family Residential – Senior (CHAPTER 17.090)

• Purpose: The RM‑S zone is targeted to senior housing and supportive models; it also references hill‑area development controls where applicable. § 17.090.010 .
• Permitted uses: multiple dwellings and apartments for seniors at up to 10 dwelling units/acre (unless the General Plan or density bonus provides otherwise); supportive and transitional housing allowed with a zoning permit when Chapter 17.138 standards are met. § 17.090.020 .
• Conditional uses: general residential care allowed only with a conditional use permit (subject to Chapter 17.138 standards). § 17.090.030 .
• Accessory uses and design review: accessory facilities for residents (community rooms, parking, etc.) are recognized and design review is required by chapter provisions. § 17.090.040–050 .
• Overlay interactions: projects with soil/drainage impacts are subject to the Hill Area Residential Development rules (see cross‑reference in § 17.090.010(B)) .

Practical guide: Senior‑oriented projects benefit from streamlined allowances for supportive housing but must meet occupancy definitions and state/federal fair housing statutes called out in § 17.090.010. Verify hill‑area and ridgeline overlay applicability early. § 17.090.010 .

UR — Urban Residential (CHAPTER 17.124)

• Purpose: UR is a residential designation with slope‑sensitive rules; minimum site area, widths and setbacks adapt to topography. § 17.124.050–070 set many of these controls. § 17.124.050 and § 17.124.060 .
• Permitted uses: residential uses consistent with the General Plan; accessory dwelling unit rules and typical accessory structures apply (see UR accessory citations). § 17.124.050 .
• Key dimensional standards: height limits differ by slope: 28.5 ft and two stories on lots ≤10% slope; 35 ft (downhill side on >10% slope) with exceptions; accessory buildings usually 15 ft max. § 17.124.060( A & B ) .
• Yards: front/rear/side yard table and exceptions apply; see § 17.124.070 for yard dimensions which may mirror standard residential yard rules. § 17.124.070 .

Practical guide: On sloped lots, expect different allowable heights depending on uphill vs downhill siting — verify slope calculations against the site plan early. § 17.124.060 .

CC — Central Commercial (CHAPTER 17.100)

• Purpose: The CC district supports a broad mix of retail, service and office uses consistent with the town center character. § 17.100.040 enumerates permitted uses and restrictions. § 17.100.040 .
• Typical permitted uses: retail shops, restaurants without live entertainment, personal services, certain offices (often when not at ground floor), and other businesses that fit the Town Center character. § 17.100.040 .
• Conditional uses: hotels/motels, private schools, drive‑thru or outdoor patron service areas, nightclubs/theaters, and uses with entertainment or admission fees typically require a use permit. § 17.100.050 .
• Accessory uses and parking: ground‑floor residential is limited; off‑street parking rules apply by reference. § 17.100.040–055 .

Practical guide: The town restricts entertainment/admission businesses in CC and often conditions non‑standard commercial forms (e.g., drive‑throughs); formula businesses have their own conditional use pathway (see Formula Business rules under § 17.040.220) .

CL — Limited Commercial (CHAPTER 17.092)

• Purpose: CL allows neighborhood commercial and service uses while giving the Planning Director authority to determine unlisted uses similar in character. § 17.092.020–035 set permitted uses and use‑determination procedure. § 17.092.020 and § 17.092.035 .
• Typical permitted uses: neighborhood retail, small offices, studios, day care facilities and selected services (see § 17.092.040 list). § 17.092.040 .
• Conditional uses: motels/hotels, private clubs, mechanical amusement arcades (time‑limited permits), and other uses that may have location/operation impacts require a use permit. § 17.092.050 .
• Accessory uses: standard accessory activities and structures related to the primary use. § 17.092.040–060 .

Practical guide: Uses not listed are presumed prohibited unless the Planning Director finds them similar to permitted uses — get an early use determination per § 17.092.035. § 17.092.035 .

CS — Commercial Service (CHAPTER 17.104)

• Purpose: The CS zone is for building‑supply, wholesale/warehouse and service uses that are primarily indoor and do not include processing or heavy manufacturing unless conditioned. § 17.104.030 .
• Typical permitted uses: lumber yards, home improvement centers, building and construction supply businesses, with activities largely inside a building. § 17.104.030 .
• Conditional uses: accessory fabrication/assembly, outdoor storage, contractor facilities (with conditions), printing/publishing plants, and other service activities need a use permit. § 17.104.040 .
• Accessory and site rules: detached accessory structures are generally disallowed unless a use permit is granted. § 17.104.050 .

Practical guide: Expect strict controls on outdoor storage and accessory heavy equipment in CS — budget for a use permit if operations will include outside storage or equipment. § 17.104.040–050 .

CR — Commercial Recreation (CHAPTER 17.108)

• Purpose: The CR district allows large‑area recreational uses (golf, country clubs, resorts) and smaller associated activities where compatible with open physical recreation requirements. § 17.108.010–020 .
• Typical permitted uses: private recreation clubs, large public recreation facilities on building sites of not less than 10 acres, and similar uses approved by Planning Commission/Town Council. § 17.108.030(A) .
• Conditional uses: accessory commercial uses and smaller recreational uses on sites <10 acres, restaurants/bars tied to the recreational use, and other service facilities require a use permit. § 17.108.040 .
• Design review: most structures and exterior modifications are subject to design review by the Planning Commission. § 17.108.020(B) .

Practical guide: Projects in CR normally require large lot area and design review; accessory commercial activities that serve patrons will usually require a use permit and conditions to protect adjacent properties. § 17.108.030–040 .

PD — Planned Development / Public Domain (CHAPTER 17.130)

• Purpose: PD is a flexible district for public/quasi‑public uses (parks, schools, government facilities) processed with development plans. § 17.130.010–020 .
• Permitted uses: public buildings, parks, recreational structures; accessory parking and storage related to the principal use are permitted. § 17.130.020–040 .
• Conditional uses: hospitals or day care centers may be allowed subject to a use permit and findings; building site requirements often do not apply in PD. § 17.130.030–060 .
• Dimensional controls: height is limited to 28.5 ft and two stories unless a variance is granted; yard requirements are limited but parcels adjacent to residential zones must adopt adjacent residential setbacks. § 17.130.070–080 .

Practical guide: PD is processed with master/development plans and is typically not bound to the standard building site requirements, but adjacency to residential parcels triggers yard protections. § 17.130.060–080 .

A — Agricultural and Conservation (CHAPTER 17.120)

• Purpose and applicability: The A district regulates agricultural uses and can be combined with residential districts; where it conflicts with residential rules the A‑district regulations apply. § 17.120.010 .
• Permitted uses: crop/tree farming, viticulture, nurseries, small livestock (subject to density limits), dairies (on parcels ≥ 5 acres), and some stables/riding academies (use permit in some cases). § 17.120.020–050 .
• Yards and building site area: follow the underlying residential district’s yard and area requirements unless the A district specifies otherwise. § 17.120.030–040 .

Practical guide: Livestock limits are numeric and proximity‑based (e.g., animal buildings ≥ 50 ft from street or nearby dwellings) — plan animal structures to comply with those distances. § 17.120.050 .

Quick reference table — common permitted/conditional items

(See each chapter for the full lists of permitted/accessory/conditional uses; the table highlights the most decision‑relevant items.)

Checklist (what an applicant must satisfy before construction or change of use)

• Confirm zoning district on the parcel and its General Plan designation (verify with Town). See relevant district chapter (e.g., § 17.088.020 for RM) .
• Verify whether the proposed use is a permitted use, a conditional use (requires a use permit), or not allowed (see the district's permitted/conditional lists). E.g., see § 17.092.035 for Planning Director use determinations in CL. .
• Confirm dimensional compliance: setbacks (typical: front 10 ft, side 5 ft), height limits, and 35% lot coverage limit (residential). § 17.040.020 and § 17.22.010 .
• Check off‑street parking requirements and include parking layout on plans; refer to zone‑specific off‑street parking sections (e.g., § 17.088.090 for RM). § 17.088.090 .
• For ADUs, follow Chapter 17.048 procedures and make sure accessory counts (e.g., up to 2 ADUs) are permitted in the base zone (§ 17.088.040) .
• Determine whether design review or Planning Commission action is required (many exterior changes and non‑standard uses trigger design review). See, e.g., § 17.108.020(B) for CR and § 17.088.050 for RM design review mandates. .
• If proposing a conditional use, assemble findings and community notice materials per § 17.032.010–070 and plan for a public hearing. § 17.032.020–070 .
• Check overlays (hill area, ridgeline, creek setback) and environmental/work permits referenced in the zoning chapter (e.g., Hill Area provisions referenced in § 17.090.010(B)). § 17.090.010(B) .
• Coordinate with Building/Fire for required approvals (the zoning permit is distinct from building permit; see § 17.024.060). § 17.024.060 .

Risks & Ambiguities

Plain-English Summary

Fairfax’s zoning chapters tell you what uses are allowed or require a use permit for each named district (for example, RM allows multi‑family at a stated per‑unit density and RM‑S is for senior housing). Standard residential limits — 10 ft front setback, 5 ft side, 10 ft rear, 35% maximum lot coverage — and height limits (commonly 28.5 ft) shape what you can build; many commercial and special uses need a use permit or design review. For parcel‑specific questions (overlays, slope‑based heights, ADU eligibility), verify with the Planning Department. See the cited code sections for the exact statutory language (examples: § 17.088.020, § 17.090.020, § 17.040.020) .

Source References

• Fairfax Zoning Code, CHAPTER 17 (multiple chapters and sections quoted above): see especially § 17.088.020 (RM permitted uses) , § 17.090.020 (RM‑S permitted uses) , § 17.124.060 (UR height rules) , § 17.100.040–050 (CC permitted/conditional uses) .
• Setbacks and lot coverage: § 17.040.020 (setbacks) and § 17.22.010 (35% lot coverage cap) .
• Use permits and procedures: § 17.032.010–070 (use permit purpose, process, findings) .
• ADU references: accessory ADU allowances referenced in § 17.088.040 and cross‑reference to Chapter 17.048 for ADU standards .
• Formula business conditional use rules: § 17.040.220 .
• Agricultural district rules: § 17.120.020–050 (A district permitted uses and setbacks) .
• Commercial/Service/Rec district rules: § 17.104.030–040 (CS) ; § 17.108.030–040 (CR) .
• Development plan / planned development: CHAPTER 17.060 references and master plan requirements appear through CHAPTER 17 excerpts (see project criteria) .

If you need the ordinance PDF or parcel‑specific zoning map, or want a draft zoning‑compliance checklist for a particular address, reply with the parcel APN or address and I will prepare a targeted checklist and cite the exact local code lines that will control your proposal. Verify with the Town on any item flagged "Verify with the jurisdiction" or where I flagged "Not found in retrieved materials."

Retrieved passages

• Fairfax Zoning Code (§ 17.090.010) High relevance show source text
• Fairfax Zoning Code (§ 17.088.030) High relevance show source text
• Fairfax Zoning Code (§ 17.130.030) High relevance show source text
• Fairfax Zoning Code (§ 17.56.010) High relevance show source text
• Fairfax Zoning Code (§ 17.48.040) High relevance show source text
• Fairfax Zoning Code (§ 17.14.020) High relevance show source text
• Fairfax Zoning Code (§ 17.52.040) High relevance show source text
• Fairfax Zoning Code (§ 17.54.020) High relevance show source text

Cited sections

• Fairfax Zoning Code, CHAPTER 17 (multiple chapters and sections quoted above): see especially **§ 17.088.020** (RM permitted uses) , **§ 17.090.020** (RM‑S permitted uses) , **§ 17.124.060** (UR height rules) , **§ 17.100.040–050** (CC permitted/conditional uses) . (CHAPTER 17)
• Setbacks and lot coverage: **§ 17.040.020** (setbacks) and **§ 17.22.010** (35% lot coverage cap) . (§ 17.040.020)
• Use permits and procedures: **§ 17.032.010–070** (use permit purpose, process, findings) . (§ 17.032.010)
• ADU references: accessory ADU allowances referenced in **§ 17.088.040** and cross‑reference to Chapter **17.048** for ADU standards . (§ 17.088.040)
• Formula business conditional use rules: **§ 17.040.220** . (§ 17.040.220)
• Agricultural district rules: **§ 17.120.020–050** (A district permitted uses and setbacks) . (§ 17.120.020)
• Commercial/Service/Rec district rules: **§ 17.104.030–040** (CS) ; **§ 17.108.030–040** (CR) . (§ 17.104.030)
• Development plan / planned development: CHAPTER **17.060** references and master plan requirements appear through CHAPTER 17 excerpts (see project criteria) . (CHAPTER 17)
• Fairfax_ZoningCode.md

• Official Fairfax code library