Fairfax City Zoning Code

Findings and purpose. The City of Fairfax makes the following legislative findings: The purpose of this section is to implement the provisions of Minnesota Statutes, Chapter 342, which authorizes the City to protect the public health, safety, welfare of City residents by regulating cannabis businesses within the legal boundaries of the City. The City finds and concludes that the proposed provisions are appropriate and lawful land use regulations for the City, that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.

Authority and jurisdiction. The City has the authority to adopt this section pursuant to:

Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

Enforcement. The elected body of a jurisdiction can choose to designate an official to administer and enforce this section. The City is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity listed in this section.

Definitions. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. § 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this section.

Consent to registering of cannabis businesses. No individual or entity may operate a state-licensed cannabis retail business within the City without first registering with Renville County. Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of up to $2,000 for each violation. Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in Indian country, as defined in United States Code, Title 18, Section 1151, of a Minnesota Tribal government without the consent of the Tribal government.

Compliance checks prior to retail registration. Prior to issuance of a cannabis retail business registration, Renville County may conduct a preliminary compliance check to ensure compliance with local ordinances. Pursuant to Minn. Stat. Chapter 342, within 30 days of receiving a copy of a state license application from OCM, the City shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code.

Limiting number of registrations. If Renville County has one active cannabis retail businesses registration for every 12,500 residents, the City shall not be required to register additional state-licensed cannabis retail businesses.

Minimum buffer requirements. The City hereby prohibits the operation of a cannabis retail businesses within 1,000 feet of a school, or within 500 feet of a daycare, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field. Pursuant to Minn. Stat. § 462.357 Subd. 1e, nothing in Subsection (C)(l) shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors moves within the minimum buffer zone.

Zoning and land use. The City has limited the zone(s) that cannabis businesses may operate in, either as permitted or conditional uses. Refer to Code§ 260-13.

Hours of operation. Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and between 9:00 p.m. every day.

Temporary cannabis events. A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. A license or permit is required to be issued and approved by Renville County prior to holding a temporary cannabis event. The cannabis event organizer shall comply with all City regulations, including zoning, buffer, and hours of operation for the event.