Planning and Building FAQ’s

You can find out more about reporting a violation and find the code violation complaint form here.

An easement is a legal right to cross, enter or otherwise use private property for a specific purpose. For example, a ‘utility easement’ allows utility companies to use a designated area (typically a corridor crossing a property) to locate utilities that serve other properties.

You can find your zoning district by reviewing the Town of Fairfax’s Zoning Map Most of Fairfax is residentially zoned. Zoning protects property owners from inappropriate uses, and protects the character of neighborhoods by setting forth limits on building lot size, coverage, setbacks, etc. Zoning regulations also protect your real estate investment by allowing you to providing input on development projects prior to their approval by decisionmakers.

Use this link http://www.fema.gov/hazard/flood/info.shtm for information on Federal Emergency Management Agency (FEMA) flood zones. The Town of Fairfax is responsible for implementing the FEMA regulations for properties within flood zones.  If your property is in a flood zone, special construction techniques (such as building elevation or floodproofing) are required to avoid damage to the structure. The flood regulations also allow homeowners in a flood zone to obtain flood insurance against the costs of repairing building damage caused by flooding.

Yes, architectural and building plans are protected by copyright laws, and written approval by the architect, designer or other design professional who prepared the plans is required before the plans can be copied and used. Plans, however, can be viewed at the building counter at Town Hall.

The Planning Department has created a checklist of submittal requirements for applications (see link [link to checklist here]. If you are unsure what information or materials are necessary for your project, please refer to the checklist, the planning application webpage, or contact a planner to discuss application requirements. Keep in mind that if specific information on a project is required, a pre-application and appointment may be necessary.

All applicants should discuss their plans with neighbors to determine any potential concerns with their project prior to submitting an application.  Neighbors are encouraged to discuss any concerns with applicants.  Once a project is submitted to Planning, a neighbor may submit comments at any time to the project planner.  A letter or email to the project planner is encouraged.

A storage shed that is 120 square feet or less in size, that does not have electricity, windows or plumbing, will not require a building permit but may require the approval of discretionary planning permits. Make sure you contact the Planning Department with a site plan showing the size, included improvements, and proposed location of your shed before erecting/placing it on your property to make sure it does not require the review and approval of the Planning Commission. The shed must still comply with required building setbacks and maximum allowed building square footage (floor area ratio) for the subject property, and the property must meet the minimum size and width requirements for the zone it is in, even if it does not require the issuance of a building permit. 

Anytime you’re doing major pruning (other than annual maintenance pruning) or if you are proposing to remove any tree that measures 24” in circumference, 23” above the ground. If you are applying to remove a tree it is advisable that your tree removal application include a report from a certified arborist indicating why the tree must be removed (i.e. disease, hazard, etc. ).   Please click on this link to read Farifax Municipal Code Chapter 8.36 on trees.