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.

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.

The requirements of this section shall apply to all small-scale solar energy systems (residential, commercial, multifamily and condominium).

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:

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:

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.

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:

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.

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.

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.

Compliance with State Electric Code. All photovoltaic systems shall comply with the State of Minnesota Electric Code.

Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements.

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.

Feeder lines. All power exterior electrical or other service lines must be buried below the surface of the ground.

Exemptions. Building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.

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:

All solar collector installations must be performed by a qualified solar installer.

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.

Prior to operation, electrical connections must be inspected by an appropriate electrical inspection person or agency as determined by the City.

Any connection to the public utility grid must be inspected by the appropriate public utility.

Solar energy systems shall be maintained in good working order.

Rooftop- and building-mounted solar collectors shall meet Minnesota's Fire Safety Code and Building Code standards.

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.

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.

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.

If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.