We know how important it is for you to reopen your business. If your business is open, you must follow best practices to keep your customers and employees safe. You are required to post a Site-Specific Protection Plan and adhere to the industry-specific requirements outlined in the Marin County public health orders.
If you are a retailer or restaurant and want to use the outdoor public space in front of your business or other public space, fill out the application form below to request a temporary encroachment permit that will allow you to use the applicable public space for outdoor dining or displaying retail merchandise. There is no fee for the permit.
Any permit issued will be valid for a maximum of 120 days from the date of issuance. Prior to the expiration of your permit, we will communicate to you any changes and/or extend the time frame based on County health guidelines. Permits may be renewed for one 60-day period, at the Town Manager’s discretion. You will not need to reapply to be eligible for a permit renewal. All permits expire May 8, 2022.
DISCLAIMER: This is a pilot program and is subject to change or termination at any time in the discretion of the Town of Fairfax. Individual encroachment permits may also be revoked by the Town if the Town determines the applicant is in violation of the permit requirements or the use of the public right-of-way is causing a public safety concern. The conditional temporary encroachment permit authorized by this pilot program is subject to all provisions of Resolution No. 20-19, approved by the Town Council on June 3, 2020.
Below are the standards you must follow to use the public spaces. Please note the Use of Outdoor Private Property is a separate process and requires a Temporary Use Permit. Please contact Linda Neal at 415-453-1584 or firstname.lastname@example.org for details.
Common standards for Outdoor Dining and Retail (See specific standards listed in below)
- For use of the sidewalk, a minimum, unobstructed width of four (4) feet must be permanently maintained for public pedestrian passage. Furnishings and merchandise shall not be placed in a manner that obstructs access to this pedestrian passage.
- No items shall block visibility for required street signs, crosswalks, and intersections.
- Movable racks and furniture must be adequately secured, so that they do not roll or are easily tipped over.
- The area shall be maintained in a sanitary condition free from litter, infestation from pests and the storm drain must be kept clear.
- All building exits and exit pathways must be kept clear.
- Access to building fire protection equipment (PIV, FDC, Riser) and sidewalk fire hydrants must be kept clear.
- All electrical outside must utilize heavy duty extension cords plugged into GFCI receptacles. Cords cannot be in an area subject to damage or creating a trip hazard. Cords cannot be hung overhead by themselves unless supported by other means (e.g. attached to a cable). Any change in elevation to facilitate electrical on the ground must meet ADA standards.
- No stacking of furnishings in outdoor areas.
- A fire extinguisher inside the building must be quickly accessible.
- Open flame (such as candles) is not permitted.
- Businesses are responsible for cleaning and maintaining the public spaces they use.
- Businesses constructing platforms in the public right of way (e.g., on-street parking space) shall contact the adjacent business owners to inform them of their request and take measures to address their concerns, if applicable and reasonable. The platforms cannot exceed the business store frontage without approval from the adjacent business owner/manager. Businesses must document to the Town that contact was made. Any roof structures must meet the design guidelines provided by the Town.
- No roof coverings may be added beginning May 6, 2021.
Temporary Encroachment Permit Application Form
(*)indicates a required field