[HISTORY: Adopted by the City Council of
the City of Fairfax 12-1-1992 by Ord. No. 307. Amendments noted where
applicable.]
These regulations shall be known as the "Fairfax
Zoning Code," except as referred to herein, where it shall be known
as "this chapter."
The purpose of this chapter is to safeguard
the health, property and public welfare by controlling the design,
location, use or occupancy of all buildings through the regulated
and orderly development of land and land uses within this jurisdiction.
A.Â
The provisions of this chapter shall apply to the
construction, alteration, moving, repair and use of any building,
parcel of land or sign within a jurisdiction, except work located
primarily in a public way, public utility towers and poles, and public
utilities unless specifically mentioned in this chapter.
B.Â
Where, in any specific case, different sections of
this chapter specify different requirements, the more restrictive
shall govern.
A fee for services shall be charged. All fees
shall be set by the jurisdiction and schedules shall be available
at the office of the City Clerk-Treasurer.
A.Â
Lawfully established buildings and uses in existence
at the time of the adoption of this chapter may have their existing
use or occupancy continued if they are maintained with their conditions
of approval, provided such continued use is not dangerous to life.
B.Â
Additions, alterations or repairs. Additions, alterations
or repairs may be made to any building or use without requiring the
existing building or use to comply with the requirement of this chapter,
provided the addition, alteration or repair conforms to that required
for a new building or use.
C.Â
Discontinuance.
(1)Â
Any lot or structure or portion thereof occupied by
a nonconforming use which is or thereafter becomes vacant and remains
unoccupied by a nonconforming use for a period of one year shall not
thereafter be occupied, except by use which conforms to this chapter.
(2)Â
If any nonconforming structure or use is, by any cause,
destroyed to the extent of 75% of its market value as determined by
the Building Official, it shall not thereafter be reconstructed as
such.
The Zoning Code Official and/or designee shall
be referred to hereafter as the "Code Official."
A.Â
Review and approvals. Review of building permits.
All applications for building permits shall be submitted to the Code
Official for review and approved prior to permit issuance. Each application
shall include a set of building plans and all data necessary to show
that the requirements of this chapter are met.
B.Â
Permits required. Except as specified in Subsection C of this section, no building or structure regulated by this chapter shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official.
C.Â
Work exempt from permit. A building permit shall not
be required for the following:
(1)Â
One-story detached accessory buildings used as tool
and storage sheds, playhouses and similar uses, provided the projected
roof area does not exceed 120 square feet.
(3)Â
Retaining walls which are not over four feet in height
measured from the bottom of the footing to the top of the wall.
(4)Â
Platforms, walks and driveways not more than 30 inches
above grade and not over any basement or story below.
(5)Â
Painting, papering and similar finish work.
(6)Â
Prefabricated swimming pools accessory to a Group
R, Division 3 occupancy in which the pool walls are entirely above
the adjacent grade and if the capacity does not exceed 5,000 gallons.
(7)Â
Insulating existing buildings.
D.Â
Application for permit. To obtain a permit, the applicant
shall first file an application therefor in writing on a form furnished
by the City Clerk-Treasurer for that purpose. Every such applicant
shall:
(1)Â
Identify and describe the work to be covered by the
permit for which application is made.
(2)Â
Describe the land on which the proposed work is to
be done by legal description, street address, or similar description
that will readily identify and definitely locate the proposed building
or work.
(3)Â
Indicate the use or occupancy for which the proposed
work is intended.
(4)Â
Be accompanied by plans, diagrams, computations and
specifications and other data as required by the Code Official.
(5)Â
State the valuation of any new building or structure
or any addition, remodeling or alteration to an existing building.
(6)Â
Sign the application form.
(7)Â
Indicate contractor.
E.Â
Permit issuance. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fees specified in § 260-8 have been paid, the Building Official shall issue a permit therefore to the applicant.
F.Â
Expiration. Every permit issued by the Building Official
under the provisions of this chapter shall expire by limitation and
become null and void if the building or work authorized by such permit
is not commenced within 180 days from the date of such permit or if
the building or work authorized by such permit is suspended or abandoned
at any time after the work is commenced for a period of 180 days.
Before such work can be recommenced, a new permit shall be first obtained
to do so, and the fee therefor shall be one-half the amount required
for a new permit for such work, provided no changes have been made
or will be made in the original plans and specifications for such
work, and provided further that such suspension or abandonment has
not exceeded one year. In order to renew action on a permit after
expiration, the permittee shall pay new full permit fee. Any permittee
holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit when the permittee
is unable to commence work within the time required by this section
for good and satisfactory reasons. The Building Official may extend
the time for action by the permittee for a period not exceeding 180
days on written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being
taken. No permit shall be extended more than once.
[Amended 2-13-2007 by Ord. No. 414]
Fees shall be as set forth in a schedule adopted
by the City Council by resolution.
A.Â
Surcharge fee. In addition to the permit fee required
above, the applicant shall pay a surcharge to be remitted to the Minnesota
Department of Administration as prescribed by Minnesota Statutes 1984,
§ 16B.70.
B.Â
Plan review fees. When a plan or other data are required
to be submitted, a plan review fee may be required and paid at the
time of submitting plans and specifications for review. Said plan
fee shall be set by this jurisdiction by resolution. The plan review
fees specified in this section are separate fees from the permit fees
specified in this section.
A.Â
All construction or work for which a permit is required
shall be subject to inspection by the Building Official, and all such
construction or work shall remain accessible and exposed for inspection
purposes until approved by the Building Code Official.
B.Â
It shall be the duty of the permit applicant to cause
the work to remain accessible and exposed for inspection purposes.
Neither the Building Official nor the jurisdiction shall be liable
for expense entailed in the removal or replacement of any material
required to allow inspection.
C.Â
A survey of the lot may be required by the Building
Official to verify that the structure is located in accordance with
the approved plans.
D.Â
Inspection record card; requests; approval.
(1)Â
Inspection record card. Work requiring a permit shall
not be commenced until the permit holder shall have posted or otherwise
made available an inspection record card such as to allow the Building
Official to conveniently make the required entries thereon regarding
inspection of the work. This card shall be maintained available by
the permit holder until final approval has been granted by the Building
Official. Upon final approval the inspection card shall be returned
to the City Clerk-Treasurer's Office.
(2)Â
Inspection requests. It shall be the duty of the person
doing the work authorized by a permit to notify the Building Official
that such work is ready for inspection. The Building Official may
require that every request for inspection be filed at least one working
day before such inspection is desired. Such request may be in writing
or by telephone at the option of the Building Official.
(3)Â
Approval required.
(a)Â
Work shall not be done beyond the point indicated
in each successive inspection without first obtaining the approval
of the Building Official. The Building Official, upon notification,
shall make the requested inspections and shall either indicate that
portion of the construction is satisfactory as completed, or shall
notify the permit holder it fails to comply with this chapter.
(b)Â
There shall be a final inspection and approval
of all buildings and structures when completed and ready for occupancy
and use. A certificate of occupancy shall be issued upon the final
inspection approval and return of the inspection record card to the
City Clerk-Treasurer.
E.Â
Required inspections. The Building Official, upon
notification, shall make the following inspections:
(1)Â
Foundation inspection: To be made after excavation
for footings are complete and any required reinforcing steel is in
place. For concrete foundations, any required form shall be in place
prior to inspection. All materials for the foundation shall be on
the job, except where concrete is ready mixed in accordance with UBC
standard No. 26-13, the concrete need not be on the job. Where the
foundation is to be constructed of approved treated wood, additional
inspections may be required by the Building Official.
(2)Â
Concrete slab or under-floor inspection: To be made
after all in slab or under-floor building service equipment, conduit,
piping accessories and other ancillary equipment items are in place,
but before any concrete is placed or floor sheathing installed, including
the sub-floor.
(3)Â
Frame inspection: To be made after the roof, all framing,
fire blocking and bracing are in place and all pipes, chimneys and
vents are complete and the rough electrical, plumbing, and heating
wires, pipes and ducts are approved.
(4)Â
Lath or gypsum board inspection. To be made after
all lathing and gypsum board, interior and exterior, is in place,
but before any plastering is applied or before gypsum board joints
and fasteners are taped and finished.
(5)Â
Final inspection: To be made after finish grading
and the building is completed and ready for occupancy.
(6)Â
Other inspections: In addition to the called inspections,
specified above, the Building Official may make or require other inspections
of any construction work to ascertain compliance with the provisions
of this chapter and other laws which are enforced by the code enforcement
agency.
F.Â
Right of entry.
(1)Â
When it is necessary to make an inspection to enforce
the provisions of this chapter, or when the Building Official has
reasonable cause to believe that there exists in a building or upon
a premises a condition which is contrary to or in violation of this
chapter which makes the building or premises unsafe, dangerous or
hazardous, the Building Official may enter the building or premises
at reasonable times to inspect or to perform the duties imposed by
this chapter, provided that if such building or premises be occupied
that credentials be presented to the occupant and entry requested.
(2)Â
If such building or premises be unoccupied, the Building
Official shall first make a reasonable effort to locate the owner
or the person having charge or control of the building or premises
and request entry. If entry is refused, the Building Official shall
have recourse to the remedies provided by law to secure entry.
A.Â
All buildings or structures regulated by this chapter
which are structurally unsafe or not provided with adequate egress,
or which constitute a fire hazard, or are otherwise dangerous to human
life are, for the purpose of this section, unsafe. Any use of buildings
or structures constituting a hazard to safety, health or public welfare
by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is, for the purpose of this
section, an unsafe use.
B.Â
All such unsafe buildings, structures or appendages
are hereby declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition or removal in accordance with the
procedures set forth in Minnesota Rule 1311.0260, Section 206, Unsafe
Buildings or Structures, or such alternate procedures as may have
been or as may be adopted by this jurisdiction.[1]
B.Â
District Map. Said districts are shown upon the District
Map accompanying this chapter. Said map and all notations, references,
and other information thereon shall be as much a part of this chapter
as if the matters and information set forth by said map were all fully
described herein.[1]
[1]
Editor's Note: The District Map is located
at the end of this chapter.
C.Â
District boundaries. For determining the boundaries
of the districts shown on the District Map, the following rules shall
apply.
(1)Â
Where boundary lines are obviously following a road,
street, lot or property lines or section lines such lines shall be
boundaries.
(2)Â
In subdivided property, or otherwise, a district boundary
divides a lot of parcel of property, the location of any such boundary,
unless the same is indicated by dimensions shown on the District Map,
shall be determined by the use of the scale appearing on such map.
(3)Â
The City Council hereby shall upon application or
upon its own motion determine the location of boundaries in the case
where uncertainties exist after the application of the rules.
(4)Â
Divided lot. Where a district boundary established
in this section divides a lot which was in single ownership at the
time of enactment of this chapter, the use authorized thereon and
the other district requirements applying to the least restricted portion
of such lot under this chapter shall be construed as extending to
the entire lot, provided such lot does not extend more than 50 feet
beyond said boundary line. The use so extended shall be deemed to
be a conforming use.
For the purpose of this chapter, certain terms,
phrases, words and their derivatives shall be construed as specified
in this section.
An incidental subordinate building customarily incidental
to and located on the same lot occupied by the main use or building,
such as a detached garage.
An accessory building used solely as the temporary dwelling
of guests of the occupants of the premises; such dwelling having no
kitchen facilities and not rented or otherwise used as a separate
dwelling unit.
A use conducted on the same lot as the primary use of the
structure to which it is related; a use which is clearly incidental
to, and customarily found in connection with, such primary use.
The overall total area.
The remaining area after all deductions are made; with deductions
including streets, easements for access and street dedications.
The tiling of the soil, raising of crops, animals, horticulture,
gardening, beekeeping and aquaculture.
Any public way or thoroughfare more than 10 feet but less
than 20 feet in width which has been dedicated or deeded to the public
for public use.
Any change, addition or modification in construction, occupancy
or use.
An establishment offering five or more amusement devices,
including but not limited to coin-operated electronic games, shooting
gallery, table games and similar recreational diversions within an
enclosed building.
A residential building designed or used for three or more
dwelling units.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar large mechanical equipment,
including paint, body and fender and major engine and engine part
overhaul, provided it is conducted within a completely enclosed building.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune ups and transmission work, provided it is conducted within a
completely enclosed building.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Such an establishment may offer
for sale at retail other convenience items as a clearly secondary
activity and may also include a freestanding automatic car wash.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Accessory activities may include
automotive repair and maintenance, car wash service and food sale.
A shelter supported entirely from the exterior wall of a
building.
Any floor level below the first story in a building, except
that a floor level in a building having only one floor level shall
be classified as a basement unless such floor level qualifies as a
first story as defined herein.
A limited commercial activity, occurring within any zone,
conducted within a structure, which includes dining and bathroom facilities
with sleeping rooms for short-term guest lodging.
Land, or a group of lots, surrounded by streets or other
rights-of-way other than an alley, or land which is designated as
a block on any recorded subdivision tract.
The board of adjustment of the adopting jurisdiction.
A dwelling containing a single dwelling unit and not more
than 10 guest rooms or suites of rooms, where lodging is provided
with or without meals, for compensation for more than one week.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The Building Code promulgated by ICBO and adopted by the
jurisdiction.
The vertical distance above the average existing grade measured
to the highest point of the building. The height of a stepped or terraced
building is the maximum height of any segment of the building.
The perimeter of that portion of a building or structure
nearest a property line, but excluding open steps, terraces, cornices
and other ornamental features projecting from the walls of the building
or structure.
A building in which the principal use of the site is conducted.
A building used temporarily for the storage of construction
materials and equipment incidental and necessary to on-site permitted
construction of utilities, or other community facilities, or used
temporarily in conjunction with the sale of property within a subdivision
under construction.
An establishment intended for the conduct or service or administration
by a commercial enterprise, or offices for the conduct of professional
or business service.
A roofed structure constructed of fabric or other material
supported by the building or by support extending to the ground directly
under the canopy placed so as to extend outward from the building
providing a protective shield for doors, windows and other openings.
A roofed structure open on at least two sides and used for
the storage of private or pleasure-type vehicles.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A community commercial center shall provide for the
sale of general merchandise, and may include a variety store, discount
store or supermarket.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A convenience commercial center shall provide a small
cluster of convenience shops or services.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A neighborhood commercial center shall provide for the
sales of convenience goods and services, with a supermarket as the
principal tenant.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A regional center shall provide for the sale of general
merchandise, apparel, furniture, home furnishings and other retail
sales and services, in full depth and variety. The center includes
at least one full-line department store as the principal tenant, and
often includes two or three major department stores.
An establishment or business which generally uses open sales
yards, outside equipment storage, or outside activities that generate
noise or other impacts considered incompatible with less-intense uses.
Typical businesses in this definition are lumber yards, construction
specialty services, heavy equipment suppliers or building contractors.
An establishment or business which generally has retail or
wholesale sales, office uses or services that do not generate noise
or other impacts considered incompatible with less-intense uses. Typical
businesses in the definition are retail stores, offices, catering
services or restaurants.
A building, other than a private garage, used for the parking
of automobiles with or without a fee.
Establishments which engage in the sale of general retail
goods and accessory services. Businesses within this definition include
those which conduct sales and storage entirely within an enclosed
structure (with the exception of occasional outdoor "sidewalk" promotions);
businesses specializing in sale of either general merchandise or convenience
goods.
A school establishment to provide for the teaching of industrial,
clerical, managerial or artistic skills. This definition applies to
schools that are owned and operated privately for profit and that
do not offer a complete educational curriculum (e.g., beauty school,
modeling school).
A planning commission of the adopting jurisdiction.
Temporary, on- or off-premises signs, generally made of a
woven material or durable synthetic materials primarily attached to
or hung from light poles or on buildings. These signs are solely of
a decorative, festive and/or informative nature announcing activities,
promotions or events with seasonal or traditional themes having broad
community interest, and which are sponsored or supported by a jurisdiction-based
nonprofit organizations.
The declaration of purposes, policies and programs for the
development of the jurisdiction. Also called the General Plan.
A use which would become harmonious or compatible with neighboring
uses through the application and maintenance of qualifying conditions.
A single dwelling unit in a multiunit dwelling or structure,
which is separately owned and which may be combined with an undivided
interest in the common areas and facilities of the property.
Any building or portion thereof which contains facilities
for living, sleeping and sanitation as required by this chapter, and
may include facilities for eating and cooking, for occupancy by other
than a family. A congregate residence may be a shelter, convent, monastery,
dormitory, fraternity or sorority house but does not include jails,
hospitals, nursing homes, hotels or lodging houses.
A facility which is publicly or privately operated and intended
for long-term patient care due to human illness or infirmity, including
the elderly and developmentally disabled, normally employing the services
of skilled and licensed practitioners, excluding hospitals.
A space, open and unobstructed to the sky, located at or
above grade level on a lot and bounded on three or more sides by walls
of a building.
Is an establishment intended primarily for dancing and entertainment
within an enclosed building, using either live or electronically produced
music, either open to the public or operated as a private club open
to members only.
The keeping for part-time care and/or instruction, whether
or not for compensation, of six or less children at any one time within
a dwelling, not including members of the family residing on the premises.
An establishment for the care and/or instruction, whether
or not for compensation, of seven or more children at any one time.
Child nurseries and preschool facilities are included in this definition.
The number of dwelling units which are allowed on an area
of land, which area of land may include dedicated streets contained
within the development.
A private access road, the use of which is limited to persons
residing, employed, or otherwise using or visiting the parcel in which
it is located.
A building designed or arranged to be occupied by two families
living independently, the structure having only two dwelling units.
A building portion thereof designed for occupancy by three
or more families living independently in which they may or may not
share common entrances and/or spaces. Individual dwelling units may
be owned as condominiums, or offered for rent.
Two or more detached buildings used as dwelling units located
on a lot that is in single ownership having yards, courts or facilities
in common.
A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family.
Any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking and sanitation,
as required by this chapter, for not more than one family, or a congregate
residence for six or less persons.
That portion of a lot or lots reserved for present or future
use by a person or agency other than the legal fee owner(s) of the
property. The easement may be for use under, on or above said lot
or lots.
The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases or decorations.
Two or more persons related by blood, marriage or adoption,
or a group not to exceed six unrelated persons living together as
a single housekeeping unit.
Animals other than household pets that may, where permitted,
be kept and maintained for commercial production and sale and/or family
food production, education or recreation. Farm animals are identified
by these categories: large animals, e.g., horses and cattle; medium
animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchilla,
chickens, turkeys, pheasants, geese, ducks and pigeons.
The sum of the horizontal areas of floors of a building measured
from the exterior face of exterior walls or, if appropriate, from
the center line of dividing walls; this includes courts and decks
or porches when covered by a roof.
The gross floor area exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
The numerical value obtained by dividing the gross floor
area of a building by the area of the lot on which the building is
constructed.
The width of a lot or parcel abutting a public right-of-way
measured at the front property line.
A building or a portion of a building not more than 1,000
square feet in area, in which only private or pleasure-type motor
vehicles used by the tenants of the building or buildings on the premises
are stored or kept.
The declaration of purposes, policies and programs for the
development of the jurisdiction. Also called the Comprehensive Plan.
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five feet
from building.
Unauthorized marking on a structure.
The total floor area of a commercial building designed for
tenant occupancy and exclusive use, including basements, mezzanines
and upper floors, expressed in square feet as measured from the center
line of joint partitions and from outside wall faces.
A facility, required to be licensed by the state, which provides
training, care, supervision, treatment and/or rehabilitation to the
aged, disabled, those convicted of crimes or those suffering the effects
of drugs or alcohol; this does not include day-care centers, family
day-care homes, foster homes, schools, hospitals, jails, or prisons.
Any room or rooms used or intended to be used by a guest
for sleeping purposes. Every 100 square feet of superficial floor
area in a dormitory shall be considered to be a guest room.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas, are not considered habitable space.
The partial use of a dwelling unit for commercial or nonresidential
uses by a resident thereof which is subordinate and incidental to
the use of the dwelling for residential purposes.
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services,
primarily for inpatients, and including as related facilities laboratories,
outpatient departments, training facilities and staff offices, but
not including clinics or health-care centers.
Dogs, cats, rabbits, birds, for family use only (noncommercial)
with cages, pens, etc.
A tract of land developed according to a master site plan
for the use of a family of industries and their related commercial
uses, and that is of sufficient size and physical improvement to protect
surrounding areas and the general community and to assure a harmonious
integration into the neighborhood.
Any political subdivision which adopts this chapter for administrative
regulations within its sphere of authority.
Any lot or premises on which four or more adult dogs or cats
are kept, for compensation or not.
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
The finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements such as
grass, trees, shrubs and flowers. This treatment may also include
the use of logs, rocks, fountains, water features and contouring of
the earth.
The political entity of the adopting jurisdiction.
Includes, but is not limited to, horses, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules and any other hoofed
animals.
A single parcel of land.
A lot abutting on two intersecting or intercepting streets,
where the interior angle of the intersection or interception does
not exceed 135°.
A lot so shaped and designed that the main building site
area is set back from the street on which it fronts and includes an
access strip connecting the main building site with the frontage street.
A lot other than a corner lot.
A lot whose opposing property lines are generally not parallel,
such as a pie-shaped lot on a cul-de-sac, or where the side property
lines are not parallel to each other.
A transportable home in one or more sections, which is built
on a permanent form or base and is designed for use with or without
a permanent foundation when connected to the required utilities.
All other types of manufacturing not included in the definitions
of "light manufacturing" and "medium manufacturing."
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment, including research activities, conducted
entirely within an enclosed structure, with no outside storage, serviced
by a modest volume of trucks or vans and imposing a negligible impact
on the surrounding environment by noise, vibration, smoke, dust or
pollutants.
The manufacturing, compounding, processing, assembling, packaging,
or testing of goods or equipment within an enclosed structure or an
open yard, that is capable of being screened from neighboring properties,
serviced by a modest volume of trucks or other vehicles.
A vehicle, other than a motor vehicle, greater than 320 square
feet in gross floor area designed with attached axles and wheels,
which may be used for permanent or semipermanent housing or human
occupancy, and which is designed to be drawn by a motor vehicle. The
term shall also include any vehicle meeting the above description
which is used for an office, a classroom, a laboratory, processing,
manufacturing, retail sales or other use.
A tract of land developed and operated as a unit with individual
sites and facilities to accommodate two or more mobile homes.
A mobile home used as a temporary dwelling for a family member
who is in need of special, frequent and routine care by reason of
advanced age or ill health.
A dwelling temporarily used as a sales office for a residential
development under construction; said home being used for on-site sales
and not for general real estate business.
An establishment in which the dead are prepared for burial
or cremation. The facility may include a chapel for the conduct of
funeral services and spaces for funeral services and informal gatherings
and/or display of funeral equipment.
Any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by guests.
Those areas, varying in width along streams, creeks, springs,
gullies or washes, which are natural drainage channels as determined
and identified by the jurisdiction.
A building or structure or portion thereof lawfully existing
at the time this chapter became effective, which was designed, erected
or structurally altered for a use that does not conform to the zoning
regulations of the district in which it is located.
A lot whose width, area or other dimension did not conform
to the regulations when this chapter became effective.
A sign or sign structure or portion thereof lawfully existing
at the time this chapter became effective, which does not now conform.
See "use, nonconforming."
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space may be
devoted to landscaping, preservation of natural features, patios,
and recreational areas and facilities.
A public or private area of land, with or without buildings,
intended for outdoor active or passive recreational uses.
Are parking lots or structures located along public transit
routes designed to encourage transfer from private automobile to mass
transit or to encourage carpooling for purposes of commuting, or for
access to recreation areas.
An open area, other than a street, used for the parking of
automobiles.
A space within a building or private or public parking lot,
exclusive of driveways, ramps, columns, office and work areas, for
the parking of an automobile.
A natural person, heirs, executors, administrators or assigns,
and also includes a firm, partnership or corporation, its or their
successors or assigns, or the agent of any of the aforesaid.
A residential or commercial development guided by a total
design plan in which one or more of the zoning or subdivision regulations,
other than use regulations, may be waived or varied to allow flexibility
and creativity in site and building design and location, in accordance
with general guidelines.
A plat of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing buildings or buildings to be
erected, the location of the lot in relation to abutting streets,
and other such information.
Work within dedicated rights-of-way or easements.
Uses operated by a unit of government to serve public needs,
such as police (with or without jail), fire service, ambulance, judicial
court or government offices, but not including public utility stations
or maintenance facilities.
A structure or facility used by a public or quasi-public
utility agency to store, distribute, generate electricity, gas telecommunications,
and related equipment, or to pump or chemically treat water. This
does not include storage or treatment of sewage, solid waste or hazardous
waste.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
Essentially a public use, although under private ownership
or control.
A majority of the authorized members of a board or commission.
A vehicular unit, other than a mobile home, whose gross floor
area is less than 320 square feet, which is designed as a temporary
dwelling for travel, recreational and vacation use, and which is either
self-propelled, mounted on or pulled by another vehicle. Examples
include, but are not limited to, a travel trailer, camping trailer,
truck camper, motor home, fifth-wheel trailer or van.
An establishment providing completely enclosed recreation
activities. Accessory uses may include the preparation and serving
of food and/or the sale of equipment related to the enclosed uses.
Included in this definition shall be bowling, roller skating or ice
skating, billiards, pool, motion-picture theaters, and related amusements.
An area free of buildings except for rest rooms, dressing
rooms, equipment storage, maintenance buildings, open-air pavilions,
and similar structures, used primarily for recreational activities.
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, scrap metals, paper, rags,
tires, and bottles and other such materials.
An establishment whose primary purpose is the rehabilitation
of persons. Such services include drug and alcohol rehabilitation,
assistance to emotionally and mentally disturbed persons, halfway
houses for prison parolees and juveniles.
A use or building owned or maintained by organized religious
organizations or nonprofit associations for social, civic or philanthropic
purposes, or the purpose for which persons regularly assemble for
worship.
Interior or exterior remodeling of a structure, other than
ordinary repair.
An establishment which provides food for on-premises consumption.
A restaurant which serves food to customers seated in vehicles.
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, materials such as scrap
metals, paper, rags, tires and bottles.
The minimum required distance between the property line and
the building line.
An advertising message, announcement, declaration, demonstration,
display, illustration, insignia, surface or space erected or maintained
in view of the observer thereof for identification, advertisement
or promotion of the interests of any person, entity, product or service,
including the sign structure, supports, lighting system and any attachments,
ornaments or other features used to draw the attention of observers.
A plan which outlines the use and development of any tract
of land.
That portion of building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused under-floor space is more than six feet above grade as defined
herein for more than 50% of the total perimeter or is more than 12
feet above grade as defined herein at any point, such usable or unused
under-floor space shall be considered as a story.
Any thoroughfare or public way not less than 16 feet in width
which has been dedicated or deeded to the public for public use.
A right-of-way or easement in private ownership, not dedicated
or maintained as a public street, which affords the principal means
of access to two or more sites.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts jointed together in some definite manner.
The division of a tract, lot or parcel of land into two or
more lots, plats, sites or other divisions of land.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
above-ground and on-ground swimming pools, hot tubs and spas.
A building used primarily for the presentation of live stage
productions, performances or motion pictures.
The activity occurring on a lot or parcel for which land
or a building is arranged, designed or intended, or for which land
or a building is or may be occupied, including all accessory uses.
The change within the classified use of a structure or premises.
A use which lawfully occupied a building or land at the time
this chapter became effective, which has been lawfully continued and
which does not now conform with the use regulations.
The use that is authorized by this chapter to be conducted
for a fixed period of time. Temporary uses are characterized by such
activities as the sale of agricultural products, contractors' offices
and equipment sheds, fireworks, carnivals, flea markets and garage
sales.
The means by which an adjustment is made in the application
of the specific regulations of a zoning ordinance to a particular
piece of property, which property, because of special circumstances
applicable to it, is deprived of privileges commonly enjoyed by other
properties in the same vicinity and zone, and which adjustment remedies
disparity in privileges.
A building or premises in which goods, merchandise or equipment
are stored for eventual distribution.
Any place where damaged, inoperable or obsolete machinery
such as cars, trucks and trailers, or parts thereof, are stored, bought,
sold, accumulated, exchanged, disassembled or handled.
An open, unoccupied space on a lot, other than a court, which
is unobstructed from the ground upward by buildings or structures
except as otherwise provided in this chapter.
A yard extending across the full width of the lot, depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
or ordinary high water line and a line parallel thereto.
An open, unoccupied space on the same lot with the building
and between the building line and the side lot line, or to the ordinary
high water line.
Single-family dwellings arranged on individual lots as either
detached structures with one or more side walls on a side property
line.
A.Â
A Zones.
(1)Â
Allowable A Zone uses shall be:
(a)Â
Division 1. Any designated open space as set
forth in this chapter.
(b)Â
Division 2. Any agricultural use, including,
but not limited to, dwellings, maintenance buildings and other such
uses necessary for the main use.
(c)Â
Division 3. Any public park land or other similar
recreational use, including, but not limited to, amusement rides,
office buildings, retail buildings and dwellings necessary for the
maintenance of the main use.
(2)Â
Bulk regulations. The minimum area, setbacks, density
and maximum height shall be as prescribed in the following table:
|
A — ZONE BULK REGULATIONS
| |||||||
|---|---|---|---|---|---|---|---|
|
Zone Division
|
Minimum Lot Area
(acres)
|
Lot Dimensions
|
Setback Requirements
|
Maximum Height
| |||
|
Minimum
|
Minimum Feet
| ||||||
|
Width
|
Depth
|
Front
|
Side
|
Rear
| |||
|
1
|
20
|
600
|
600
|
30
|
15
|
60
|
35
|
|
2
|
10
|
400
|
400
|
30
|
15
|
60
|
35
|
|
3
|
5
|
250
|
25
|
30
|
15
|
60
|
35
|
|
Open spaces and parks can be of a reduced size,
if approved.
| |||||||
B.Â
R Zones.
(1)Â
Allowable R Zone uses shall be:
(a)Â
Division 1. Any permanent one-family and two-family
dwellings, including private garages, accessory living quarters, recreation
rooms or private stables accessory to the main use.
(b)Â
Division 2. Any use permitted in the R, Division
1 Zones and multiple dwellings, apartment houses and condominiums.
(c)Â
Division 3. Any use permitted in the R, Division
2 Zones and mobile homes.
(2)Â
Rules for structures in districts. For all principal
structures permitted in the R-1, R-2 Districts, the following shall
apply:
[Amended 12-7-1999]
(a)Â
The minimum width of the main portion of all
principal dwellings shall be not less than 24 feet, as measured across
the narrowest portion. Width measurement shall not take into account
overhang of other projections.
(b)Â
Shall have at least 960 square feet of habitable
interior room, excluding garage and basement.
(c)Â
All principal dwellings and principal structures
shall be placed on a permanent footing with continuous perimeter foundation
in compliance with the Uniform Building Code as adopted by the City
and insulated in accordance with State of Minnesota Energy Codes.
(d)Â
Manufactured homes must provide the manufacturer's
approved foundation drawings.
(e)Â
Side wall. In a residential and multiple-dwelling zone or in
any zone with a lot with a residential dwelling, garages constructed
or altered after the effective date of this amendment may have a side
wall of not more than 10 feet eight inches in height. The ten-foot-eight-inch
side wall is measured from the floor of the garage to the top plate.
[Added 8-13-2013 by Ord. No. 317]
(f)Â
Accessory building regulations:
[Added 8-13-2013 by Ord. No. 317; amended 4-13-2021 by Ord. No. 430]
(g)Â
No accessory structure is allowed on a lot without a primary structure.
[Added 4-13-2021 by Ord. No. 430]
(h)Â
Accessory structures must be similar in appearance to the primary
structure.
[Added 4-13-2021 by Ord. No. 430]
(3)Â
Bulk regulations. The minimum area, setbacks, density
and maximum height shall be as follows:
[Amended 8-13-2013 by Ord. No. 317]
|
R-ZONE BULK REGULATIONS
| |||||||
|---|---|---|---|---|---|---|---|
|
Zone Division
|
Minimum Lot Area
(square feet)
|
Lot Dimensions
|
Setback Requirements
|
Maximum Height
| |||
|
Minimum
|
Minimum Feet
| ||||||
|
Width
|
Depth
|
Front
|
Side
|
Rear
| |||
|
1
|
7,000
|
50
|
100
|
25
|
5
|
10
|
30
|
|
2
|
7,000
|
50
|
100
|
25
|
5
|
10
|
30
|
|
3
|
7,000
|
50
|
100
|
25
|
5
|
10
|
30
|
C.Â
C Zones.
(1)Â
Allowable C Zone uses shall be:
(a)Â
Division 1. Any office, retail, automobile service
station, restaurant, day-care center, residential or other small-scale
retail or personal service use servicing the day-to-day needs of the
residents of the surrounding area.
(b)Â
Division 2. Any use permitted in the C, Division
1 Zones and nurseries, physical fitness centers, community and fraternal
clubs, churches, libraries, and automated public utility facilities.
(c)Â
Division 3. Any use permitted in the C, Division
2 Zones and supermarkets, department stores, hospitals, nursing homes,
automobile sales, lumber yards, wholesale outlets, printing plants,
cocktail lounges and taverns, self-storage centers, theaters, bowling
alleys, museums, and hotels and motels with the exception of other
residential uses.
(d)Â
Division 4. Any use permitted in the C, Division
3 Zones and large-scale retail, commercial and wholesale uses, bakeries,
storage yards, distributors, major automobile repair shops, machine
shops, woodworking shops, veterinarian clinics, and meat markets where
slaughtering of animals occurs.
(2)Â
Bulk regulations. The minimum area, setbacks, density
and maximum height shall be as prescribed in the following table:
|
C — ZONE BULK REGULATIONS
| |||||||
|---|---|---|---|---|---|---|---|
|
Zone Division
|
Minimum Lot Area
(square feet)
|
Lot Dimensions
|
Setback Requirements
|
Maximum Building Height
| |||
|
Minimum
|
Minimum Feet
| ||||||
|
Width
|
Depth
|
Front
|
Side
|
Rear
| |||
|
1
|
6,000
|
30
|
70
|
0
|
0
|
0
|
30
|
|
2
|
N/A
|
30
|
70
|
0
|
0
|
0
|
40
|
|
3
|
N/A
|
30
|
70
|
0
|
0
|
0
|
50
|
|
4
|
N/A
|
75
|
100
|
0
|
0
|
0
|
50
|
D.Â
M Zones.
(1)Â
Allowable M Zone uses shall be:
(a)Â
Division 1. Any light manufacturing or industrial
use, such as warehouses, research or testing laboratories, product
distribution centers, woodworking shops, auto body shops, furniture
assembly, dry-cleaning plants, machine shops, and boat building storage
yards.
(b)Â
Division 2. Any use permitted in the M, Division
1 Zone and stadium and arenas, indoor swap meets, breweries, liquid
fertilizer manufacturing, carpet manufacturing, monument works and
a regional recycling center.
(c)Â
Division 3. Any use permitted in the M, Division
2 Zone and auto dismantling yards, alcohol manufacturing, paper manufacturing,
quarries, salt works, petroleum refining and other similar uses.
(2)Â
Bulk regulations. The minimum area, setbacks, density,
and maximum height shall be as follows:
|
M — ZONE BULK REGULATIONS
| |||||||
|---|---|---|---|---|---|---|---|
|
Zone Division
|
Minimum Lot Area
|
Lot Dimensions
|
Setback Required
|
Maximum Building Height
| |||
|
Minimum
|
Minimum Feet
| ||||||
|
Width
|
Depth
|
Front
|
Side
|
Rear
| |||
|
1
|
N/A
|
50
|
75
|
0
|
0
|
0
|
60
|
|
2
|
N/A
|
75
|
100
|
0
|
0
|
0
|
80
|
|
3
|
N/A
|
100
|
150
|
0
|
0
|
0
|
80
|
E.Â
Prohibited use in certain zones. Farm animals shall
not be kept within the following zones: R Zones, C Zones, and M Zones.
A.Â
Off street parking. There shall be provided at the
time of erection of any main building or at the time such buildings
are altered, enlarged, converted or increased in capacity minimum
off-street parking space with adequate provisions for ingress and
egress by standard-sized vehicles in accordance with the requirements
of this chapter.
B.Â
Parking space requirements. Required number of off-street
parking space for each use permitted by this chapter shall not be
less than as follows:
|
Use
|
Number of Parking Spaces Required
| |
|---|---|---|
|
Dwelling units
|
1Â 1/2/dwelling unit
| |
|
Office
|
1/200 gross sq. ft.
| |
|
Retail
|
1/200 gross sq. ft.
| |
|
Restaurant
|
1/100 gross sq. ft.
| |
|
Warehouse
|
1/500 gross sq. ft.
| |
|
Assembly
|
1/300 gross sq. ft.
| |
|
Medical office
|
1/300 gross sq. ft.
| |
|
Schools
|
1/3.5 seats of assembly
| |
|
Hotels/motels
|
1/guest room
| |
|
Industry
|
1/500 sq. ft.
|
C.Â
Truck or commercial vehicle parking. No truck or commercial
vehicle of a rated rate of more than one ton shall be parked on any
street or on any residential premise in any R Zone for any consecutive
period of more than four hours or more, provided that nothing shall
prevent the parking of such vehicle in a fully enclosed garage or
similar permanent structure.
[Amended 7-13-2010]
A.Â
This section shall regulate the placement of fences within single-family
and multiple-family residential zones within the City of Fairfax.
From and after the date of adoption of this section, no fence shall
be erected in any such zone without first obtaining a building maintenance
permit from the City of Fairfax.
B.Â
Building maintenance permits shall be issued for fences in residential
zones only if all provisions of this section are complied with. The
City may, in its sole discretion, grant a variance for the placement
of a fence that does not conform to the terms of this section.
C.Â
No fences shall be erected in the front yard of any property in a
residential zone. The "front yard" for purpose of this section is
defined as all that portion of the yard between the front wall of
the dwelling structure and the public street fronting the dwelling.
D.Â
Any fence shall be considered a structure for the purpose of the
setback requirement from the rear lot line of any lot.
E.Â
For corner lots in a residential zone, no fence shall be erected
in the yard facing the public street fronting the property. No fence
shall be erected on the portion of the yard facing the side street
of the property any closer to the side street than on a line which
is the extension of the side wall of the home facing said side street
and shall be no more than six feet in height.
F.Â
All fences shall be built with a minimum setback of two feet from
adjoining property to allow the owner of the fence sufficient access
to maintain both sides of the fence, to include the control of grass
and weeds along the fence line. No fence shall be constructed, erected,
or maintained on utility easements and shall be built two feet from
all alley right-of-ways. Depending on the nature of the fence and
the property, the City may require a wider setback in its discretion.
G.Â
Fences shall be no more than 3Â 1/2% feet in height fronting
the property and no more than six feet in height in the rear or lot
side of the property. No fences shall be constructed or erected higher
than six feet except where residential adjoins commercial or industrial
property where an eight-foot fence may be constructed or erected after
obtaining a building permit and/or variance from the City. Fence construction
material must be approved by the City, but a minimum requirement shall
be that the construction material shall be treated or coated or of
such material as to be resistant to rot and rust. Supporting posts
must be buried at least 30 inches deep and must be substantial enough
to stabilize the fence to keep it in a straight and erect position.
No plywood, razor wire, snow fence, or materials originally intended
for other uses shall be used in constructing a fence. Chicken wire
is permitted only for residential garden uses. No barbed wire or electric
fences or similar special purpose fences shall be allowed without
a conditional use permit from the City. Seasonal snow fences are exempt
from this section.
H.Â
If city electric and gas meters are located behind a fence, the fence
will have a gate that will be unlocked and be clear of debris, snow
and/or ice so City meter readers can access the meters.
I.Â
Decorative corner fences on corner lots, such as split rail or plantings,
are allowed as long as they are less than 20 feet in both directions,
do not exceed 30 inches in height and do not constitute a traffic
hazard as determined by the Chief of Police. No fence shall constitute
a traffic hazard.
J.Â
All fences already in existence at the date of enactment of this
section, and all fences erected within the City hereafter, shall be
kept free of weeds and refuse, shall be maintained so as to avoid
sagging, and shall be kept properly painted, stained, or rust-proofed,
as appropriate for the material of which the fence is constructed.
K.Â
Any replacement, repair or relocation of any fences already in existence
at the date of enactment of this section shall comply with this section
in all respects.
L.Â
If any fence is found to be in violation of this section, the City
shall notify the property owner by written notice served on the property
owner personally or by U.S. Mail to the property owner's last known
address, stating that the property owner has thirty days to bring
the fence in compliance with this section. If the property owner fails
to bring the fence in compliance with this section within said thirty-day
notice term, the fence permit shall be considered void, and said fence
must be immediately removed by the property owner. Current fences
that are determined by the Chief of Police to be considered a potential
threat to public health or safety shall be removed or changed to comply
with this section after the property owner has been given the right
to be heard by the City Council.
A.Â
Home occupations shall be permitted in all zones,
provided the home occupation is clearly and obviously subordinate
to the main use or dwelling unit for residential purposes. Home occupations
shall be conducted wholly within the primary structure or existing
accessory building on the premises.
B.Â
Conditions.
(1)Â
The home occupation shall not exceed 25% of the floor
area of the primary structure and 50% of an accessory building on
the premises.
(2)Â
Other than those related by blood, marriage, or adoption,
no more than one person may be employed in the home occupation.
(3)Â
There shall be no exterior display or storage of goods
on said premises.
(4)Â
Inventory and supplies shall not occupy more than
50% of the area permitted to be used as a home occupation.
(5)Â
There shall be no more than one advertising sign displayed
on the premises and said sign shall not exceed two square feet in
area, the location shall be facade signage.
(6)Â
Home occupations involving auto repair or maintenance,
beauty shops, or barber shops shall require a conditional use permit.
(7)Â
Sales and services to patrons shall be arranged by
appointment and scheduled so that not more than one patron vehicle
is on the premise at the same time.
(8)Â
Two additional parking spaces shall be provided on
the premises, except only one need be provided if the home occupation
does not have an employee.
A.Â
Development of four or more dwelling units shall be permitted one development complex sign for each public street frontage not within the project. Such signs may be placed in any location on private property, provided the sign complies with the same height limitation specified for fences in § 260-15. Maximum sign area for each sign shall be two square feet plus one square foot for each dwelling unit not to exceed 25 square feet in area.
B.Â
Business signs. Nonconforming and conditionally permitted
commercial and institutional uses shall each be permitted facade signage
and/or one freestanding sign per public street frontage, not to exceed
a combined total of 25 square feet. The height of freestanding signs
for other conditionally permitted uses such as churches and schools
shall be limited to 15 feet.
C.Â
Commercial zones. Each enterprise, institution or
business shall be permitted wall signs, one under-canopy sign per
street frontage and one freestanding sign each.
D.Â
Manufacturing signs. Each enterprise, institution,
franchise or business shall be permitted wall signs, one under-canopy
sign per street frontage, and one projecting or freestanding sign
per street frontage.
E.Â
Freestanding signs. Freestanding signs shall not exceed
15 feet in height within 15 feet of any lot line abutting public street
right-of-way. For each additional one foot of setback beyond 15 feet
the sign height may be increased by two feet, provided that in no
event shall a sign exceed 36 feet in height.
A.Â
In granting a conditional use permit/variance or special
use permit the Council may prescribe appropriate conditions to insure
compliance and to protect adjacent properties.
B.Â
Upon filing with the City Clerk-Treasurer an application
for consideration of zoning request, a date must be set for a hearing
thereon, which shall be not later than 45 days from the date of filing,
and shall hear such persons as wish to be heard either in person or
in writing. Notice of any such hearing shall be mailed not less than
10 days before the date of hearing to each person who filed the request,
and to each owner of property situated wholly or partly within 350
feet of the property to which the request relates.
C.Â
The Council must determine that such use at the proposed
location will be consistent with the general and applicable specific
objectives of the Comprehensive Plan and this chapter, will be harmonious
and appropriate in the area and will not be hazardous or disturbing
to neighboring uses.
D.Â
If the Council denies the special or conditional use
permit, the Council shall include in its determination findings as
to the ways in which the proposed use does not comply with the standards
imposed by this chapter. In approving any special or conditional use
permit the Council may impose conditions which it considers necessary
to meet the standards of this chapter and to protect the best interests
of the surrounding area and the City as a whole.
[Amended 1-13-2009]
A.Â
Codes adopted by reference. The Minnesota State Building
Code, as adopted by the Commissioner of Labor and Industry pursuant
to Minnesota Statutes, including all of the amendments, rules and
regulations established, adopted and published from time to time by
the Minnesota Commissioner of Labor and Industry, through the Construction
Codes and Licensing Division, is hereby adopted by reference with
the exception of the optional chapters, unless specifically adopted
in this section. The Minnesota State Building Code is hereby incorporated
in this chapter as if fully set out herein.
B.Â
Application, administration and enforcement. The application,
administration, and enforcement of the codes shall be in accordance
with the Minnesota State Building Code. The code shall be enforced
within the extraterritorial limits permitted by the Minnesota Statutes.
The code enforcement agency of this municipality is called the "Fairfax
City Council." This code shall be enforced by the Minnesota Certified
Building Official designated by this municipality to administer the
Minnesota State Building Code.
C.Â
Permits and fees. The issuance of permits and the
collection of fees shall be as authorized in the Minnesota Statutes.
Permit fees shall be assessed for work governed by this code in accordance
with the fee schedule adopted by the municipality by resolution. In
addition, a surcharge fee shall be collected on all permits issued
for work governed by this code in accordance with the Minnesota Statutes.
(1)Â
The applicant for a permit shall provide an estimated
construction value at the time of application, except for fixed fees.
Permit valuations shall include the total value of all construction
work, including materials and labor, for which the permit is being
issued. The Building Official shall make the final determination of
value. Valuation is based on the most current valuation provided by
the ICC via State of Minnesota Building Codes and Standards Division
or contract bid price. The Building Official shall make the final
determination.
(2)Â
Exceptions: Building permit valuations for the following
structures shall be based on the valuation of on-site work only:
(3)Â
When submittal documents are required by the Building
Official, a plan review fee shall be paid.
(4)Â
Payment of fees. A permit shall not be issued until
the fees prescribed by the municipality have been paid.
(5)Â
Fee refunds.
(a)Â
The Building Official may authorize refunding
of any fees paid hereunder which were erroneously paid or collected.
(b)Â
The Building Official may authorized refunding
of not more than 80% of the permit fee or plan review fee paid when
no work has been done under a permit issued.
(c)Â
The Building Official shall not authorize refunding
of any fee paid except on written application filed by the original
permittee not later than 180 days after the date of fee payment.
(6)Â
Reinspections. A reinspection fee may be assessed
for each inspection or reinspection when such portion of work for
which inspection is called for is not complete or when corrections
called for are not made.
D.Â
Expiration. Every permit issued by the Building Official
shall expire by limitation and become null and void if the building
or work authorized by such permit is not commenced within 180 days
from the date of such permit, or if the building or work authorized
by such permit is suspended or abandoned at any time after the work
is commenced for a period of 180 days. Before such work can be recommenced,
a new permit shall be obtained to do so first, and the fee therefor
shall be 1/2 the amount required for a new permit for such work, excluding
plan review fee, provided that no changes have been made or will be
made in the original plans and specification for such work. The Building
Official may grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested
in writing and justifiable cause demonstrated.
The fire zones referred to in the code herein
adopted by reference are established as follows:
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All of Block 1 and block 2; and lots 1 through
16 in block 3; lots 1 through 7 in block 5; and lots 2 through 8,
block 9 all being in the Original Plat of the City of Fairfax; and
lots 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, and 18 of the Fairfax
Railroad Plat as recorded in the office of the Register of Deeds,
Book G of Plats, page 30, 31 and 32.
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It shall be unlawful for any person to erect,
construct, enlarge, alter, repair, move, improve, remove, convert
or demolish, equip, use occupy or maintain any building or land or
cause or permit the same to be done in violation of this chapter.
When any building or parcel of land regulated by this chapter is being
used contrary to this chapter, the Code Official may order such use
discontinued and the structure, parcel of land, or portion thereof,
vacated by the notice served on any person causing such use to be
continued. Such person shall discontinue the use within the time prescribed
by the Code Official. Any person who violates any provision of this
chapter or of the Code adopted by reference is guilty of a misdemeanor.
[Added 7-12-2016 by Ord.
No. 318]
Pursuant to the authority granted by Minn. Stat. § 462.3593,
Subdivision 9, the City of Fairfax opts-out of the requirements of
Minn. Stat. § 462.3593, which defines and regulates temporary
family health care dwellings.
[Added 2-14-2017 by Ord.
No. 124]
A.Â
Purpose and intent.
(1)Â
Fairfax ("City") believes it is in the public interest to encourage
renewable energy systems that have a positive impact in energy conservation
with limited adverse impact on the community. While Fairfax strongly
encourages increased energy conservation and improved energy efficiency,
the City also finds that increased use of appropriate renewable energy
systems will be an important part of improving sustainability.
(2)Â
The renewable energy regulations are intended to supplement existing
zoning ordinances and land use practices and ensure these systems
are appropriately designed, sited, and installed. These regulations
are in place to balance the need to improve energy sustainability
through increased use of renewable energy systems with concerns for
preservation of public health, welfare, and safety, as well as environmental
quality, visual and aesthetic values, and existing neighborhood social
and ecological stability.
(3)Â
The requirements of this section shall apply to all small-scale solar
energy systems (residential, commercial, multifamily and condominium).
B.Â
ACTIVE/SOLAR ENERGY EQUIPMENT/SYSTEM
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
PHOTOVOLTAIC (PV) SYSTEMS
QUALIFIED SOLAR INSTALLER
ROOF- OR BUILDING-MOUNTED SOLAR SYSTEM
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR FARM
SOLAR PANEL
SOLAR THERMAL SYSTEMS
Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
A solar energy system whose primary purpose is to harvest
energy by transforming solar energy into another form of energy or
transferring heat from a collector to another medium using mechanical,
electrical, or chemical means.
A solar energy system that consists of integrating photovoltaic
modules into the building structure by replacing typical building
material, such as the roof or the façade, and which does not
alter the relief of the roof.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy system that is installed directly in the ground
or by means of brackets or poles and is not attached or affixed to
an existing structure.
A solar energy system that produces electricity by the use
of semiconductor devices called "photovoltaic cells" that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Such training
shall include the proper use of special precautionary techniques and
personal protective equipment, as well as the skills and techniques
necessary to distinguish exposed energized parts from other parts
of electrical equipment and to determine the nominal voltage of exposed
live parts.
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
A set of devices whose primary purpose is to provide for
the collection, storage, and distribution of solar energy for space
heating, cooling, electricity generation, or water heating.
A commercial facility that converts sunlight into electricity,
whether by photovoltaics (PV), concentrating solar thermal devices
(CST), or other conversion technology, for the primary purpose of
wholesale sales of generated electricity. A solar farm is the principal
land use for the parcel on which it is located.
A device for the direct conversion of solar energy into electricity.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
C.Â
Permits and standards.
(1)Â
Rooftop- and building mounted solar collectors. Rooftop- and building-mounted
solar collectors are permitted in all zoning districts in the City,
subject to the following conditions:
(a)Â
Building permits shall be required for installation of all rooftop-
and building- mounted solar collectors.
(b)Â
Notwithstanding the height limitations of the zoning district,
roof- or building-mounted solar energy systems shall not extend higher
than three feet above the ridge level of a roof on a structure with
a gable, hip or gambrel roof and shall not extend higher than five
feet above the surface of the roof when installed on a flat or shed
roof.
(c)Â
The solar system shall not extend beyond the exterior perimeter
of the building on which it is mounted.
(d)Â
Coverage. Roof-mounted solar energy systems shall not cover
more than 80% of the total area of the roof. Solar energy systems
must have three feet of clearance around all edges to facilitate emergency
responder access.
(e)Â
An engineer licensed with the State of Minnesota shall be required
to determine whether or not the roof system is structurally capable
of supporting the solar collectors.
(2)Â
Ground-mounted and freestanding solar collectors. Ground-mounted
and freestanding solar collectors are accessory structures in all
zoning districts. No permit may be issued for ground-mounted and freestanding
solar collectors except by conditional use permit, except for lots
in excess of 20,000 square feet which meet the following conditions.
All ground-mounted and freestanding solar collectors shall comply
with the following conditions:
(a)Â
Building permits are required for the installation of all ground-mounted
or freestanding solar collectors.
(b)Â
The location of the solar collector shall meet all applicable
setback requirements for accessory structures in the zoning district
in which it is located. A minimum setback of 15 feet from all property
lines, a minimum of 30 feet from all buildings located on adjacent
lots, a minimum of 15 feet from all public rights-of-way, a minimum
of 15 feet from all utility easements.
(c)Â
The height of the solar collector and any mounts shall not exceed
fifteen (15) feet when oriented at maximum tilt.
(d)Â
Solar energy equipment shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property
to the north, while still providing adequate solar access for collectors.
(e)Â
Solar energy collectors shall be screened when possible and
practicable through the use of architectural features, earth berms,
landscaping, or other screening which will harmonize with the character
of the property and surrounding area.
(f)Â
Solar energy systems are to be located in the rear yard only.
(3)Â
Solar thermal systems. Solar thermal systems are permitted in all
zoning districts, subject to the following condition: Building permits
are required for the installation of all solar thermal systems.
(4)Â
Solar farms. No permits may be issued for any type of solar farm
except by conditional use permit. All solar farms shall comply with
the following conditions:
D.Â
Planning, design, and compliance.
(1)Â
Plan applications. Plan applications for solar energy systems shall
be accompanied by to-scale horizontal and vertical (elevation) drawings.
The drawings must show the location of the system on the building
or the property for a ground-mounted or freestanding system, including
property lines.
(a)Â
Pitched-roof-mounted solar energy systems. For all roof-mounted
systems, except those on a flat roof, the elevation must show the
highest finished slope of the solar collector and the slope of the
finished roof surface on which it is mounted.
(b)Â
Flat-roof-mounted solar energy systems. For flat roof applications,
a drawing shall be submitted showing the distance to the roof edge
and any parapets on the building, and shall identify the height of
the building on the street frontage side, the shortest distance of
the system from the street frontage edge of the building, and the
highest finished height of the solar collector above the finished
surface of the roof.
(2)Â
Plan
approvals. Applications that meet the design requirements of this
section, and do not require a conditional use permit, shall be granted
administrative approval by the Zoning Official and shall not require
City Council review. Plan approval does not indicate compliance with
Building Code or Electric Code.
(3)Â
Compliance with Building Code. All active solar energy systems require
approval of the local Building Code Official pursuant to provisions
of the State of Minnesota Building Code, and solar thermal systems
shall comply with the HVAC-related requirements of the Energy Code.
(4)Â
Compliance with State Electric Code. All photovoltaic systems shall
comply with the State of Minnesota Electric Code.
(5)Â
Compliance with State Plumbing Code. Solar thermal systems shall
comply with applicable Minnesota State Plumbing Code requirements.
(6)Â
Utility notification. The owner of a solar energy system that will
physically connect to a house or other building's electrical system
and/or the electric utility grid must enter into a signed interconnection
agreement with the local utility provider prior to the issuance of
a building permit.
(7)Â
Feeder lines. All power exterior electrical or other service lines
must be buried below the surface of the ground.
(8)Â
Exemptions. Building-integrated solar energy systems are exempt from
the requirements of this section and shall be regulated as any other
building element.
E.Â
Safety.
(1)Â
Solar energy systems and equipment shall be permitted only if they
are determined by the City not to present any unreasonable safety
risks including, but not limited to, the following:
(2)Â
All solar collector installations must be performed by a qualified
solar installer.
(3)Â
Solar energy system components shall be certified by Underwriters'
Laboratories, Inc., and the Solar Rating and Certification Corporation.
The City reserves the right to deny a building permit for proposed
solar energy systems deemed to have inadequate certification.
(4)Â
Prior to operation, electrical connections must be inspected by an
appropriate electrical inspection person or agency as determined by
the City.
(5)Â
Any connection to the public utility grid must be inspected by the
appropriate public utility.
(6)Â
Solar energy systems shall be maintained in good working order.
(7)Â
Rooftop- and building-mounted solar collectors shall meet Minnesota's
Fire Safety Code and Building Code standards.
(8)Â
If solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the Minnesota State Building Code when in use,
and, when no longer used, shall be disposed of in accordance with
the laws and regulations of City and other applicable laws and regulations.
F.Â
Appeals.
(1)Â
If an individual is found to be in violation of the provisions of
this section, appeals should be made in accordance with the established
procedures of the City Code.
(2)Â
If a building permit for a solar energy device is denied because
of a conflict with other goals of the City, the applicant may seek
relief by appealing to the City Council, which shall regard solar
energy as a factor to be considered, weighed and balanced along with
other factors.
