| The
County Board of Otter Tail County Ordains:
I. General Provisions
A. Title. THis Ordinance
shall be known as the Otter Tail County Setback
Ordinance.
B. Purpose. This ordinance
is enacted for the following purposes:
1. To promote and protect the health, safety,
and general welfare of persons using and enjoying
the roads throughout the County.
2. To Preserve and enhance the quality of
county highways.
3. To regulate and ensure orderly use and
development of county highways.
C. Authorization. This Ordinance
is enacted pursuant to Minnesota Statutes.
Chapter 163, 375 and 394.
D. Jurisdiction. This Ordinance
shall apply to all areas of Otter Tail County
outside the limits of incorporated municipalities.
II. Definitions. For
the purpose of the Ordinance, certain items
and words are defined as follows:
Individual Sewage Treatment System.
An individual Sewage Treatment system
shall have the same definition as contained
in Minnesota Rules 7080.0020
Shoreland Management Area.
Any land within 1,000 feet of a classified
lake or 300 feet of a classified river.
Structure. Structure means
anything constructed or erected with a fixed
location on or under the ground.
III. Setbacks.
A. No structure, dwelling or building shall
be erected, placed or moved to within 40
feet of the right-of-way line of any existing
county road except in a shoreland management
area.
B. No structure, dwelling or building shall
be erected, placed or moved within 20 feet
of the right of way of any existing public
road within a shoreland management area.
C. No individual sewage treatment system shall
be constructed within ten feet of the right-of-way
line of any existing county highway or public
road within a shoreland management area.
D. Sign Exemptions:
1. Signs of less than 64 square feet, and
not more than eight feet in height or width
may be place outside the road right-of-way,
but within the setback requirements in paragraphs
A and B.
2. Regulatory and information signs placed
by the road authority are exempt from the
provisions of this Ordinance.
IV. Violations.
A. Violations of this Ordinance shall be punishable
as a misdemeanor.
B. In the event of a violation or a threatened
violation of this Ordinance, in addition to
any penalties imposed under Section A above,
the County Board, or any member thereof, or
any taxpayer or resident of this County may
institute appropriate action or proceedings
to enjoin, prevent, restrain, correct or abate
such violation or any threatened violation.
V. Right to Access.
All employees of the Otter Tail County Land
and Resource Management Office, Highway Department,
members of the County Board of Commissioners,
Planning Commission and Board of Adjustment,
in the performance of their duties, shall
have free access to all lands within 40 feet
of the right-of-way of any existing county
road.
VI. Effective Date.
This Ordinance shall become effective
on January 1, 2004.
Dated: August 12, 2003.
|
