Fairmont City Zoning Code

ARTICLE III

ZONING DISTRICT REGULATIONS

Sec. 26-151.- A Agriculture-transition district.

(a)

Scope. This section applies to the A agricultural-transition district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Agriculture, including residential dwellings, crop farming, raising and training domestic animals for noncommercial purposes. All uses subject to state pollution control standards. Maximum numbers of livestock permitted:

On five (5) acre plots but less than ten (10) acres: Number of large and small domestic livestock permitted are two (2) large animals and four (4) small animals.

On ten (10) or more acre plots: Number of large and small domestic livestock permitted are one (1) large, adult animal per acre and two (2) small animals or animals under one (1) year of age per acre.

(2)

Public parks, recreational areas, wildlife areas and game refuges.

(3)

Nurseries and tree farms.

(4)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

Home occupations.

(2)

Living quarters of persons employed on the premises.

(3)

Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this district.

(4)

Signs.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are as follows:

(1)

Government and public utility buildings and structures necessary for the health, safety and general welfare of the community provided that:

When abutting a residential use in a residential district, the property is screened and landscaped in compliance with article VII.

The provisions of article II, division 4 are considered and satisfactorily met.

(2)

Commercial outdoor recreational areas including golf courses and clubhouse country clubs, swimming pools and similar facilities provided that:

The principal use, function or activity is open, outdoor in character.

Not more than five (5) percent of the land area of the site be covered by buildings or structures.

When abutting a residential use in a residential district, the property is screened and landscaped in compliance with article VII.

(3)

Commercial riding stables, dog kennels and similar uses provided that:

Animal building, holding, grazing and exercise areas are located a minimum of one thousand (1,000) feet from any commercial, industrial, or residential district.

The land area of the property containing such use meets the minimum established for the district.

The provisions of article II, division 4 are considered and satisfactorily met.

(4)

Recreational, travel vehicle camp sites (not including mobile homes) and resorts provided that:

The land area of the property containing such use meets the minimum established for the district.

The site to be served by a major street or highway capable of accommodating generated traffic.

All driveways and parking areas be hard surfaced.

The site is served by municipal sewer and water.

Not more than five (5) percent of the land area of the site be covered by permanent buildings or structures.

The location of such use be at minimum one hundred (100) feet from any existing abutting residential district.

All signing, or visual communication devices be in compliance with article VIII.

The provisions of article II, division 4 are considered and satisfactorily met.

(5)

Machine shops shall be a conditional use with restrictions, in the A agriculture-transition district provided that:

The machine shop shall be constructed in a manner to provide off-street parking in compliance with article VIII.

Any machine shops located less than three hundred (300) feet from any R zone shall be screened in compliance with article VII.

All materials and equipment shall be stored in a manner to prevent their being visible from the street.

The use of signs shall be in compliance with article X, and the machine shop shall be limited to the use of one (1) sign only visible from the street. Said sign shall not exceed thirty-two (32) square feet in area.

Any machine shop located less than three hundred (300) feet from any R zone shall comply with all the performance standards of article VII.

(6)

Agricultural related buildings and structures. Provided that:

When abutting a residential use or a residential district, the property shall be screened and landscaped in compliance with article VII.

The same yard requirements shall be maintained as are required for the primary structure.

(e)

Lot area, height, lot width and yard requirements.

(1)

No parcel of land shall be created which is less than five (5) acres in size.

(2)

No height limitation shall be imposed for any agricultural building except where hazardous conditions may result. All other buildings shall not exceed thirty-five (35) feet in height.

(3)

Lot width, three hundred (300) feet minimum.

(4)

Yard requirements:

Front yard, one hundred (100) feet minimum.

Side yards, thirty (30) feet minimum.

Rear yard, fifty (50) feet minimum.

(Ord. No. 89-6, §§ 1, 2, 4-24-89; Ord. No. 96-7, 9-23-96)

Sec. 26-152. - R-1 Single-family residential district.

(a)

Scope. This section applies to the R-1 single-family residential district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwellings.

(2)

Noncommercial gardening.

(3)

Day-care (home).

(4)

Public parks and playgrounds.

(5)

Essential services.

(6)

Manufactured single-family dwellings, as regulated in article V.

(7)

State licensed group home serving six (6) or fewer mentally retarded or physically handicapped persons.

(8)

Twinhomes.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

Accessory buildings and structures as defined and regulated in article IV.

(2)

Home occupations as defined and regulated by article IX.

(3)

Private swimming pool, tennis courts and other recreational facilities which are operated by and for the principal residents and their guests.

(4)

Signs, as regulated in article IX.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are as follows:

(1)

Government and public utility buildings and structures necessary for the health, safety and general welfare of the community provided that:

Conformity with the surrounding neighborhood is maintained and yard requirements are met.

Equipment is completely enclosed in a permanent structure with no outside storage.

Adequate screening from neighboring uses and landscaping is provided in compliance with article VII.

The provisions of article II, division 4 are considered and satisfactorily met.

(2)

Residential single-family planned unit developments as regulated by article V and provided there is no increase density as allowed in the shoreland section herein.

(3)

Public or semi-public recreational buildings, hospitals, nursing home facilities and medical clinics, neighborhood or community centers; public and private educational institutions, religious institutions, cemeteries, and buildings provided that:

Side yards shall be a minimum of thirty (30) feet.

Adequate screening for abutting residential areas and landscaping is provided in compliance with article VII.

Adequate off-street parking and access is provided on site in accordance with article VIII. Such parking should be adequately screened and landscaped in compliance with article VIII.

Adequate off-street loading and service entrances are provided and regulated where applicable by article VIII.

The site of the principal use and related parking is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

All signing, information, or visual communication devices are in compliance with article X.

The provisions of article II, division 4 are considered and satisfactorily met.

(4)

Resorts provided that they meet conditions listed in articles IV and VII.

(5)

Bed and breakfast inn, subject to the following conditions:

The owner/operator shall reside on the property.

The inn shall comply with all applicable laws, rules and regulations governing its existence and operation, including but not limited to the state building code, the state fire code, and the state health code.

There shall be no more than five (5) guest rooms in the inn with occupancy limited to two (2) persons per guest room for a total occupancy rate of ten (10) persons per inn.

The dining facilities of a bed and breakfast inn shall not be open to the public, but shall be used exclusively by the registered guests and shall only provide a breakfast meal. There will be no cooking permitted in the guest rooms. There will be no liquor sold on the premises.

There shall be a minimum of one (1) off-street parking space for each guest room and one (1) off-street parking space for the owner or manager.

Any and all signs relating to the bed and breakfast establishment shall comply with the Fairmont Zoning Code requirements in R districts and match architectural features.

Exterior lighting and parking shall be screened so as not to disturb or offend the neighboring residents.

A bed and breakfast inn shall have a minimum of two thousand (2,000) square feet of floor area.

Guests shall not stay for more than twenty (20) days within any ninety-day period. The owner or manager shall maintain a guest register showing the names, addresses and dates of occupation of the guests.

Receptions, business meetings or any other home occupation shall not be permitted in a bed and breakfast inn.

The owner or manager shall provide proof of all inspections, licenses, insurance and certificates, as well as proof of a $1 million liability insurance policy to the zoning administrator upon the initial application for a conditional use permit and upon the approval renewal thereof.

(6)

Single-family attached dwelling units, in which each dwelling unit is to be under separate ownership providing the total structure does not contain more than four (4) dwelling units and is in compliance with article V.

(7)

Day care (group nursery), provided that:

Only the rear yard is used as a play area. The play area is to be fenced.

The site is a minimum of ten thousand (10,000) square feet.

Adequate off street parking exists.

The provisions of article II, division 4 are satisfactorily met.

(8)

Nameplate signs or identification signs exceeding six (6) square feet provided that:

The sign shall in no way change the residential character of the neighborhood.

The sign shall not exceed thirty-two (32) square feet in size.

Lighting shall be shielded to prevent such light from being detectable at the lot line of the site on which the sign is located.

The sign shall be located at least ten (10) feet from any lot line.

No lighting shall be allowed that gives off an intermittent, sequential or rotating beam of light.

(e)

Lot area, floor area, height, lot width and yard requirements.

(1)

Lot size, eight thousand five hundred (8,500) feet.

(2)

Except exempted use, no structure shall exceed thirty (30) feet in building height.

(3)

Lot width, eighty-five (85) feet minimum.

(4)

Yard requirements:

Front yard, thirty (30) feet minimum. On lots of record where adjacent structures have less than the required setback, the front yard minimum setback shall be the average of adjacent structures. In no case shall the minimum front yard setback be less than twenty (20) feet.

Interior side yards shall equal ten (10) percent of lot width, with not more than ten (10) feet required.

Corner yard, twenty-five (25) feet minimum. On lots of record corner yard requirements shall not reduce buildable width of the lot to less than twenty-five (25) feet. In no case shall the minimum corner yard setback be less than fifteen (15) feet.

A rear yard with a depth of not less than twenty-five (25) percent of the lot depth is required.

Porch, open on three (3) sides, roofed or unroofed described as open air/non-screened above thirty-six (36) inches above the finished floor may extend into the required front/corner yards a distance not to exceed eight (8) feet; shall not in any case be closer than fifteen (15) feet from the front/corner property lines and cannot extend into the required interior side yards.

(5)

Floor area, eight hundred sixty (860) square feet minimum.

(Ord. No. 89-13, § II, 9-25-89; Ord. No. 90-10, 8-27-90; Ord. No. 92-13, 12-14-92; Ord. No. 93-7, 6-28-93; Ord. No. 99-10, 7-12-99; Ord. No. 2002-04, 6-10-02; Ord. No. 2006-02, 1-9-06; Ord. No. 2012-08, 10-22-12; Ord. No. 2017-07 , 7-31-17; Ord. No. 2019-08 , 2-25-19)

Sec. 26-153. - R-2 One-and two-family district.

(a)

Scope. This section applies to the R-2 one-and two-family district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Any use permitted in the R-1 district.

(2)

Two-family dwellings.

(3)

Twin homes, as regulated in article V.

(4)

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

All permitted accessory uses as allowed in the R-1 district.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are as follows:

(1)

All conditional uses, subject to the same conditions as allowed in the R-1 district.

(2)

Townhouses as regulated in article V.

(e)

Lot area, floor area, height, lot width and yard requirements:

(1)

Lot size:

Eight thousand five hundred (8,500) square feet (single-family).

Nine thousand five hundred (9,500) square feet, (two-family).

(2)

Except exempted use, no structure shall exceed thirty (30) feet in building height.

(3)

Lot width, eighty-five (85) feet minimum.

(4)

Yard requirements:

Front yard, thirty (30) feet minimum. For single-family homes on lots of record where adjacent structures have less than the required setback, the front yard minimum setback shall be the average of adjacent structures. In no case shall the minimum front yard setback be less than twenty (20) feet.

Interior sideyards shall equal ten (10) percent of lot width, with not more than ten (10) feet required.

A rear yard with a depth of not less than twenty-five (25) percent of the lot depth is required.

(5)

Floor Area:

Eight hundred sixty (860) square feet per unit (single-family).

Six hundred (600) square feet per unit (two-family).

(Ord. No. 86-4, § 7.04, 6-30-86; Ord. No. 90-10, 8-27-90; Ord. No. 99-10, 7-12-99; Ord. No. 2012-08, 10-22-12; Ord. No. 2017-07 , 7-31-17)

Sec. 26-154. - R-3 Multiple-family residential district.

(a)

Scope. This section applies to the R-3 multiple-family residential district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Any use permitted in the R-2 district.

(2)

Multiple-family dwellings with eight (8) units or less.

(3)

Boarding houses.

(4)

State licensed residential facility serving from seven (7) to sixteen (16) mentally retarded or physically handicapped persons.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

Any use permitted in the R-2 district.

(2)

Off-street parking and loading as regulated by article VIII.

(3)

Offices used to administrate multi-family complexes.

(d)

Conditional uses. Conditional uses require a conditional use permit based on procedures set forth in this chapter and are as follows:

(1)

All conditional uses, subject to the same conditions, as allowed in an R-2 district.

(2)

Condominiums, as defined and regulated in article V.

(3)

Multiple-family dwellings with eight (8) or more units as defined and regulated by article V.

(4)

Day-care (group nursery) provided that:

Only the rear yard is used as a play area, the play area is to be fenced, screened, and landscaped in compliance with article VII.

The site is a minimum of ten thousand (10,000) square feet.

Adequate off-street parking is provided.

The provisions of article II, division 4 are considered and satisfactorily met.

(e)

Lot area, floor area, height, lot width and yard requirements.

(1)

Lot size:

Two-bedroom units, two thousand two hundred fifty (2,250) square feet.

Three-bedroom units, three thousand (3,000) square feet.

(2)

Floor area per dwelling unit:

One-family structure, eight hundred sixty (860) square feet.

Two-family structure, six hundred (600) square feet.

Three (3) or more dwelling units:

Efficiency units, five hundred (500) square feet.

One-bedroom units, six hundred (600) square feet.

Two-bedroom units, seven hundred fifty (750) square feet.

Three (3) or more bedroom units, eight hundred fifty (850) square feet.

(3)

All structures shall not exceed three (3) stories or forty-five (45) feet in height.

(4)

Lot width, eighty-five (85) feet minimum.

(5)

Yard requirements:

Front yard, thirty (30) feet minimum.

Interior side yards shall have a width equal to ten (10) percent of the lot width with not less than ten (10) feet permitted and not more than thirty (30) feet required.

Side yard adjacent to R-1 and R-2 districts, minimum thirty-foot setback.

Corner yard, twenty-five (25) feet.

A rear yard with a depth of not less than thirty (30) percent of lot depth is required.

(Ord. No. 90-10, 8-27-90; Ord. No. 92-13, 12-14-92; Ord. No. 2019-02 , 1-28-19)

Sec. 26-155. - R-4 Multi-family district.

(a)

Scope. This section applies to the R-4 multi-family district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Manufactured homes and manufactured home parks as regulated in article V.

(2)

Hotels, motels, and apartment hotels.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

Off-street parking and loading as regulated by article VIII.

(2)

Administrative offices, recreation building and facilities, laundry and other uses of a supporting nature to the principal use.

(3)

Manufactured home sales.

(d)

Lot area, floor area, height, lot width and yard requirements.

(1)

Lot area, one (1) acre minimum.

(2)

No structure or building shall exceed two (2) stories or thirty (30) feet in height.

(3)

Lot width, two hundred (200) feet minimum.

(4)

Yard requirements:

Front yard, thirty (30) feet minimum.

Side yard, ten (10) feet minimum.

Corner yard, twenty-five (25) feet minimum.

Side yard adjacent to R-1 and R-2 districts, thirty (30) feet minimum.

Rear yard, thirty (30) feet minimum.

(Ord. No. 86-4, § 7.04, 6-30-86)

Sec. 26-156. - B-1 Neighborhood business district.

(a)

Scope. This section applies to the B-1 neighborhood business district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Barbershops.

(2)

Beauty parlors.

(3)

Clinics for human care.

(4)

Clubs and lodges.

(5)

Commercial and professional offices.

(6)

Essential services.

(7)

Government buildings and offices.

(8)

Libraries, museums or other cultural institutions.

(9)

Private and public colleges, universities, and vocational institutions.

(10)

Multi-family residential structures.

(11)

Hospitals and human care facilities.

(12)

Religious institutions.

(13)

Funeral homes, mortuaries and crematoriums.

(14)

Municipal and private swimming pools.

(15)

Single-family residences and twin homes.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

Commercial buildings and structures for a customary accessory use to the principal use.

(2)

Off-street loading and parking (except semi-trailer truck parking) as regulated by article VIII.

(3)

Signage, informational, or visual communication devices as regulated by article X.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are as follows:

(1)

Motor fuel station, auto repair-minor and tire and battery service provided that the provisions of article II, division 4 and article V are considered and satisfactorily met.

(2)

Boat and marine sales and service including small personal recreational vehicle sales and service provided that:

A drainage system subject to the approval of appropriate city staff shall be installed.

Off-street parking, outdoor sales and storage areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with article VII.

That sales or storage does not take up on-site parking space, as required for conformity to this chapter.

The provisions of article II, division 4 are considered and satisfactorily met.

(3)

Drive-in and convenience food establishments, laundromat, self-service washing and drying, provided that:

At the boundaries of a residential district or use, the property (including parking areas and driveways) is screened in compliance with article VII.

Each light standard island and all islands in the parking lot are landscaped or covered.

Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade.

A drainage system subject to the approval of the city engineer shall be installed.

The provisions of article II, division 4 are considered and satisfactorily met.

(4)

Commercial planned unit developments as regulated by article V.

(5)

Day care (group nursery), provided that:

Only the rear yard is used as a play area. The play area is to be fenced.

The site is a minimum of ten thousand (10,000) square feet.

Adequate off street parking exists.

The provisions of article II, division 4 are satisfactorily met.

(e)

Lot area, floor area, height, lot width and yard requirements.

(1)

Lot area, ten thousand (10,000) square feet.

(2)

No structure shall exceed three (3) stories or forty-five (45) feet in height.

(3)

Lot width, eighty (80) feet.

(4)

Yard requirements:

Front yard, thirty (30) feet minimum.

Interior side yards equal to ten (10) percent of lot width are required with not less than ten (10) feet permitted, with not more than thirty (30) feet required.

Corner yard, thirty (30) feet minimum.

Side yard adjacent to R district, twenty-five (25) feet minimum.

Rear yard, thirty (30) feet minimum.

(5)

Yard requirements for single-family residences and twin homes:

Interior side yards shall equal ten (10) percent of lot width, with no more than ten (10) feet required.

Rear yard with a depth of not less than twenty-five (25) percent of the lot depth is required.

(Ord. No. 86-4, § 7.04, 6-30-86; Ord. No. 90-5, 5-31-90; Ord. No. 94-8, 8-1-94; Ord. No. 97-7, § 1, 10-27-97; Ord. No. 98-6, 7-27-98; Ord. No. 99-11, 9-27-99; Ord. No. 2002-04, 6-10-02; Ord. No. 2005-03, 2-28-05; Ord. No. 2010-03, 2-22-10; Ord. No. 2011-08, 8-22-11)

Sec. 26-157. - B-2 Central business district.

(a)

Scope. This section applies to the B-2 central business district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Bakeries, delicatessen, grocery stores and supermarkets.

(2)

Banks and financial institutions, office buildings and related structures and uses.

(3)

Bus terminals.

(4)

Custom manufacturing restricted production or repair limited to the following: art, needlework, jewelry, watches, dentures, optical lenses, dressmaking, tailors, footwear and leathercraft, small appliances.

(5)

Florists.

(6)

Governmental and public utility buildings and structures.

(7)

Liquor stores.

(8)

Permitted uses as allowed in the B-1 neighborhood business district.

(9)

Religious institutions.

(10)

Restaurants, taverns, and coffee shops.

(11)

Retail service stores and shops.

(12)

Theaters and auditoriums.

(c)

Permitted accessory uses. Permitted accessory uses are permitted accessory uses as allowed in a B-1 neighborhood business district.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are as follows:

(1)

Open and outdoor rental, sales or storage as an accessory use provided that:

Outside service, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the floor area of the principal use.

The area is fenced and screened from view of any public right-of-way or residential district and use in compliance with article VII.

Storage area is grassed or surfaced to control dust.

The provisions of article II, division 4 are considered and satisfactorily met.

(2)

Plumbing shops, provided, that:

They do not employ more than six (6) persons in repair or processing.

There is no exterior storage of appliances, materials or parts.

At the boundaries of a residential district or use, the property is screened in compliance with section 22-554.

(3)

Laundromats.

(4)

Day care-group nurseries.

(5)

One and two family apartments, provided that:

They comply with all building and fire code requirements.

The main level remain business or mercantile.

An early warning smoke detection system is required.

The primary use of the building shall remain business or mercantile.

This conditional use be allowed only in the B-2 central business zone.

(e)

Lot area, floor area, height, lot width and yard requirements. All uses located in the B-2 district are exempted from lot area, height, lot width and yard requirements.

(Ord. No. 86-4, § 7.04, 6-30-86; Ord. No. 87-2, 3-23-87; Ord. No. 87-5, 4-27-87; Ord. No. 88-1, 1-25-88; Ord. No. 88-2, 1-25-88; Ord. No. 96-1, 2-26-96; Ord. No. 97-7, § 1, 10-27-97)

Sec. 26-158. - B-3 General business district.

(a)

Scope. This section applies to the B-3 general business district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Any use permitted in the B-2 districts as regulated herein.

(2)

Auto accessory stores.

(3)

Automobile, truck, snowmobile, motorcycle, boat and marine sales, farm implements and accessory service.

(4)

Building material and lumber yards.

(5)

Commercial greenhouse and garden supply stores.

(6)

Commercial recreational uses.

(7)

Food lockers.

(8)

Hotels, motels, and motor motels.

(9)

Newspaper printing and publishing.

(10)

Radio and television broadcasting stations and towers.

(11)

Equipment rental stores.

(12)

Stone and monument sales.

(13)

Mini-storage or self-storage facilities.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

All permitted accessory uses as allowed in the B-2 central business district.

(2)

Off-street parking for semi-trailer trucks as regulated by article VII.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are as follows:

(1)

Any use permitted as conditional in the B-1 neighborhood business district, B-2 central business district and I-1 light industrial district as regulated in this chapter.

(2)

Animal hospital or clinic, kennels provided that:

Provisions are made to control and reduce noise and odor.

Open structures housing animals outdoor are fenced and screened from view of neighboring commercial and residential uses in compliance with article VII.

At the boundaries of a residential district or use, the property is screened in compliance with article VII.

The provisions of article II, division 4 are considered and satisfactorily met.

(3)

Car washes (drive-through, mechanical and self-service) provided that:

Magazine or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty-minute period.

At the boundaries of a residential district or use, the property is screened in compliance with article VII.

Provisions are made to control and reduce noise in compliance with article VII.

Each light standard island and all islands in the parking area are landscaped or covered.

Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with article VII.

The entire area shall have a drainage system which is subject to approval by appropriate city staff.

The provisions of article II, division 4 are considered and satisfactorily met.

(4)

Air conditioning, electrical service, heating, plumbing, and major appliance service shop provided that:

They do not employ more than six (6) persons in repair or processing.

There is no exterior storage of appliances, materials or parts.

At the boundaries of a residential district or use, the property is screened in compliance with article VII.

The provisions of article II, division 4 are considered and satisfactorily met.

(5)

Signs exceeding forty (40) feet in height provided that:

The site of the sign would be within one thousand (1,000) feet of the edge of the Interstate highway right-of-way.

The maximum height of eighty (80) feet.

Engineering will be required for the zoning or building permit.

(e)

Lot area, floor area, height, lot width, and yard requirements.

(1)

Lot area, twelve thousand (12,000) square feet.

(2)

No structure shall exceed forty-five (45) feet in height.

(3)

Lot width, one hundred (100) feet.

(4)

Yard requirements:

Front yard, thirty (30) feet minimum.

Interior side yards equal to ten (10) percent of lot width are required with not less than ten (10) feet permitted, with not more than thirty (30) feet required.

Corner yard, thirty (30) feet minimum.

Side yard adjacent to R district, twenty-five (25) feet minimum.

Rear yard, fifteen (15) percent of the lot depth but not more than thirty (30) feet required.

(Ord. No. 86-4, § 7.04, 6-30-86; Ord. No. 89-7, § 1, 4-24-89; Ord. No. 2005-03, 2-28-05; Ord. No. 2006-02, 1-9-06; Ord. No. 2007-02, 2-26-07; Ord. No. 2008-02, 3-24-08; Ord. No. 2018-14 , 6-25-18)

Sec. 26-159. - Reserved.

Editor's note— Ord. No. 2005-05, adopted February 28, 2005, repealed § 26-159, which pertained to B-4 freeway business district and derived from Ord. No. 2002-5, 7-22-02.

Sec. 26-160. - I-1 Light industrial district.

(a)

Scope. This section applies to the I-1 light industrial district.

(b)

Permitted uses. Permitted uses are activities, and warehousing including the following uses which meet performance standards applicable to the district:

(1)

Automobile and motor vehicle repair—Major.

(2)

Bottling and cold storage plants.

(3)

Building materials-storage yard and shop.

(4)

Building contractor-storage yard and shop.

(5)

Commercial laundry and dry-cleaning services.

(6)

Commercial printing, engraving and reproduction firms.

(7)

Essential services.

(8)

Food processing and packaging, except alcohol or alcoholic beverages, fish, meat products, pickles, sauerkraut, vinegar, yeast or any other resulting in emission of strong odors.

(9)

Government and public utility buildings and structures.

(10)

Machine shops.

(11)

Manufacturing, assembly of previously prepared products (cloth, leather, paper, plastics, metals, stone, wood, etc.).

(12)

Manufacture of electrical appliances, instruments, signs, electronic assembly and testing.

(13)

Manufacture of pottery and ceramic products using previously processed clay and electric or gas kilns.

(14)

Manufacture of light sheet metal products.

(15)

Plumbing, heating/cooling and electrical contractor shops and storage yards.

(16)

Radio and television towers.

(17)

Wind energy conversion systems.

(18)

Grain processing and agricultural related manufacturing.

(19)

Crematoriums.

(20)

Concrete mixing facilities.

(21)

Mini-storage or self-storage facilities.

(c)

Permitted accessory uses. Permitted accessory uses are open storage yards, fenced and screened in accordance with article VII.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are as follows:

(1)

Industrial planned unit developments are regulated by article V.

(2)

Trucking and freight terminals provided that:

Such terminals have direct access to a designated truck route. This route must be constructed minimum ten-ton state highway (MnDOT) standards.

At the boundaries of a residential district or use, the property is screened in compliance with article VII.

Provision is made to control and reduce noise in compliance with this chapter.

The provisions of article II, division 4 are considered and satisfactorily met.

(3)

Grain storage.

(4)

Correctional or rehabilitation centers such as detention centers, jails, chemical dependency treatment facilities, and similar uses, but not including state-licensed group homes.

(5)

Food processing and packaging of alcohol or alcoholic beverages, fish, meat products, pickles, vinegar, yeast or other products that may or may not omit odors not consistent with the normal community environment.

Such meat processing cannot include the slaughter of live animals of more than twenty (20) units per day or five thousand (5,000) pounds per day averaged over a one (1) week period or whichever is greater.

Such establishments must have a waste stream that is compatible with the existing wastewater facility. Provide wastewater characteristics and treatment loading requirements to the director of public works for a special permit and determination of pretreatment requirements. A determination of proposed waste stream compatibility and pretreatment requirements will be forwarded to the planning commission.

Have direct access to designated truck route. This route must be constructed to minimum nine (9) ton state highway (MnDOT) standards.

(6)

Auto, truck, farm implement and salvage yards of more than ten (10) units.

Provide eight-foot screening.

Provisions made to control and reduce the number of units stored outside the screening.

Provide for adequate access to all parts of yard for firefighting equipment.

(7)

The practice and establishment of commercial recycling of such products as oil, oil product containers, filters, chemical drums, drums that have stored petroleum products, products that may have a negative impact on the environment when placed in a concentrated area.

Products or materials containing any hazardous materials must be declared and registered with the Fairmont fire department as regulated by the Minnesota Right to Know Laws.

Approval of the Fairmont fire marshal or the authority having jurisdiction at time of permit process.

Provide for adequate screening to eliminate noise and or the visual presence of large amounts of stored material.

Provide for adequate access of firefighting and rescue equipment.

Provide a storm water management plan at time of permit process.

All practices covered in the conditional use shall conform to article VII, article II and other height and yard requirements as outlined in this section.

(8)

Any use permitted in a B-3 general business district that is compatible with I-1 light industrial uses.

(9)

Kennels provided that:

Provisions are made to control and reduce noise and odor.

Open structures housing animals outdoors are fenced and screened from view of neighboring commercial and residential uses in compliance with article VII.

At the boundaries of a residential district or use, the property is screened in compliance with article VII.

The provisions of article II, division 4 are considered and satisfactorily met.

(e)

Lot area, floor area, height, lot width and yard requirements.

(1)

Lot area, twenty-four thousand (24,000) square feet.

(2)

There is no height requirement, except that for every foot that a building exceeds thirty (30) feet, an additional foot of setback shall be provided from the nearest property line.

(3)

Lot width, one hundred (100) feet minimum.

(4)

Yard requirements:

Front yard, forty (40) feet minimum.

Interior side yards equal to ten (10) percent of lot width are required with not less than ten (10) feet permitted nor more than thirty (30) feet required.

Corner yard, forty (40) feet minimum.

Side yard adjacent to R district, forty (40) feet minimum.

Rear yard, thirty (30) feet.

(Ord. No. 92-12, 11-23-92; Ord. No. 95-7, 2-6-95; Ord. No. 95-10, 6-26-95; Ord. No. 96-4, 4-22-96; Ord. No. 2011-04, 1-10-11; Ord. No. 2013-04, 2-25-13; Ord. No. 2017-02 , 5-22-17; Ord. No. 2018-14 , 6-25-18; Ord. No. 2020-10 , § 1, 10-12-20)

Sec. 26-161. - I-2 Heavy industrial district.

(a)

Scope. This section applies to the I-2 heavy industrial district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Uses permitted in the I-1 light industrial district.

(2)

Trucking and freight terminals provided that they comply with provisions listed in article VIII.

(c)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in this chapter and are any other industrial use not otherwise prohibited by law, yet subject to article II, division 4 and article VII.

(d)

Permitted accessory uses. Permitted accessory uses are any use permitted as allowed in the I-1 light industrial district.

(e)

Lot area, floor area, height, lot width, and yard requirements.

(1)

Lot area, one (1) acre minimum.

(2)

There is no height requirement.

(3)

Lot width, one hundred and fifty (150) feet minimum.

(4)

Yard requirements:

Front yard, forty (40) feet minimum.

Interior side yards equal to ten (10) percent of lot width are required, with not less than fifteen (15) feet permitted nor more than thirty (30) feet required.

Corner yard, forty (40) feet minimum.

Rear yard, thirty (30) feet minimum.

Side yard setbacks abutting railroad right-of-way five (5) feet, and other setbacks will be fifteen (15) feet for power plants owned by a municipal corporation or political subdivision.

(Ord. No. 86-4, § 7.04, 6-30-86; Ord. No. 92-12, 11-23-92; Ord. No. 2011-05, 2-28-11)

Sec. 26-162. - Airport zoning district.

(a)

The airport zoning district is an area designated which includes public owned and operated airfields and a prescribed area beyond. The regulations in this district are in addition to, rather than in lieu of regulations imposed by any other zoning classification for land designated. The section applies to such district.

(b)

The purpose of this section is to:

(1)

Limit development of future construction to a reasonable height and use so as not to constitute a hazard for planes operating to and from the airfields.

(2)

Control the type and extent of land development adjacent to and near the airfields so as not to impede proper expansion of the field and otherwise be detrimental to the air operations.

(c)

The following zones are established:

(1)

Qualified land use zone.

This zone is a fan-shaped area extending from the end of the runway for a distance of two (2) miles and the outer limit thereof extending at right angles for three thousand (3,000) feet on each side of the projected centerline of the runway.

Uses shall not be permitted within this zone which might result in an assembly of persons, manufacturing or storage of materials which explode on contact, and the storage of flammable liquid above ground.

Prohibited uses shall include educational, institutional, amusement and recreational. Permitted uses may include single-family homes, commercial and industrial uses.

No use may be permitted in such a manner as to create electrical interference with radio communications between airport and aircraft, make it difficult for pilots to distinguish between airport and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off or maneuvering of aircraft.

(2)

Airport zoning. Except as otherwise provided in this chapter and except as required necessary and incidental to airport operations or recommended by or in accordance with the rules of the Federal Aviation Administration, no structure shall be constructed, altered or maintained, and no trees shall be allowed to grow so as to project above the landing area or any of the airport referenced imaginary surfaces described below:

Horizontal surface, a circular plan, one hundred and fifty (150) feet above the established airport elevation, with a radius from the airport reference point of seven thousand (7,000) feet.

Conical surface, a surface extending from the periphery of the horizontal surface outward and upward at a slope of twenty (20) to one (1) for the horizontal distance of twelve thousand (12,000) feet and to the elevation of five hundred (500) feet airport elevation.

Primary surface, a surface longitudinally centered on a runway and extending in length two hundred (200) feet beyond each end of a runway. The elevation of any point on the longitudinal profile surface, including the extensions, coincides with the elevation of the centerline of the runway, or extension, as appropriate. The width of a primary surface is five hundred (500) feet.

Approach surface, a surface longitudinally centered on the extended centerline of the runway, beginning at the end of the primary surface, with slopes and dimensions as follows: The surface begins five hundred (500) feet wide at the end of the primary surface and extends outward and upward at a slope of forty (40) to one (1), expanding to a width of two thousand five hundred (2,500) feet at a horizontal distance of ten thousand (10,000) feet.

Transitional surfaces, these surfaces extend outward and upward at right angles to the runway centerline at a slope of seven (7) to one (1) from the edges of the primary and the approach surfaces until they intersect the horizontal, or conical surface.

All height limitations are computed from the established airport elevation.

(Ord. No. 86-4, § 7.11(I), 6-30-86)

Sec. 26-163. - R-2S One- to four-family district.

(a)

Purpose. Residential areas developed near the central business district and industrial corridor prior to 1940, contain a mixture of single-family and low density multi-family dwellings. In order to recognize this unique land use, encourage maintenance and redevelopment of these areas, this special district has been created. This section applies to such district.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Any use permitted in the R-1 district.

(2)

Two-, three- and four-family dwellings.

(3)

Townhouses as regulated by article V.

(4)

Boarding and rooming houses.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

All permitted accessory uses as allowed in the R-1 district.

(2)

Off-street parking as regulated in article VIII.

(d)

Conditional uses. Conditional uses require a conditional use permit based upon procedures set forth in and regulated by article II, division 4 and are as follows:

(1)

All conditional uses, subject to the same conditions as allowed in the R-1 district.

(2)

Planned unit developments involving not more than four (4) dwelling units per structure, as regulated in article II, division 4 and article V.

(3)

Day-care (group nursery) provided that:

Only the rear yard is used as a play area, the play area is to be fenced, screened, and landscaped in compliance with article VII.

The site is a minimum of ten thousand (10,000) square feet.

Adequate off-street parking is provided.

The provisions of article II, division 4 are considered and satisfactorily met.

(e)

Lot area, floor area, height, lot width and yard requirements.

(1)

Lot area per dwelling unit:

One-family structure, seven thousand five hundred (7,500) square feet.

Two-family structure, three thousand seven hundred fifty (3,750) square feet.

Three-family structure, two thousand six hundred (2,600) square feet.

Four-family structure, two thousand (2,000) square feet.

(2)

Except exempted use, no structure shall exceed thirty (30) feet in building height.

(3)

Lot width, seventy-five (75) feet minimum.

(4)

Yard requirements:

Front yard, thirty (30) feet minimum. For dwellings on lots of record where adjacent structures have less than the required setback, the front yard minimum setback shall be the average of adjacent structures. In no case shall the minimum front yard setback be less than twenty (20) feet.

Interior side yards shall have a width equal to ten (10) percent of the width of the lot, with not more than ten (10) feet required.

A rear yard of not less than twenty-five (25) percent of the lot depth is required.

(5)

Floor area per dwelling unit:

One-family structure, eight hundred sixty (860) square feet.

Two-family structure, six hundred (600) square feet.

Efficiency unit, five hundred (500) square feet.

One-bedroom unit, six hundred (600) square feet.

Two-bedroom unit, seven hundred fifty (750) square feet.

Three-bedroom unit, eight hundred fifty (850) square feet.

(Ord. No. 86-4, § 7.12(III), 6-30-86; Ord. No. 90-10, 8-27-90; Ord. No. 2017-07 , 7-31-17)