AN ORDINANCE REGULATING THE SETBACK DISTANCE OF STRUCTURES FROM THE RIGHT-OF-WAY OF HIGHWAYS

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1 ORDINANCE NUMBER 39 AN ORDINANCE REGULATING THE SETBACK DISTANCE OF STRUCTURES FROM THE RIGHT-OF-WAY OF HIGHWAYS WHEREAS, the Board of Commissioners of Wabasha County, Minnesota, deems it in the best interest of the safety and welfare of its citizens to adopt an ordinance regulating replacement of structures adjacent to the right-of-way of highways; NOW, THEREFORE, the Board of Commissioners of Wabasha County, Minnesota, does ordain: ARTICLE 1. GENERAL INFORMATION. Section 1.01 SHORT TITLE. This ordinance shall be known as the Wabasha County Setback Ordinance and cited as the Setback Ordinance. Wherever the phrase, this ordinance, is used in the Setback Ordinance, such phrase refers to the Wabasha County Setback Ordinance. Section 1.02 THE PURPOSE AND INTENT. This ordinance is enacted for the following purposes: to regulate the distance between structures and the right-of-way of highways so that no permanent structures will prevent or hinder future highway improvements or utility easements or cause snow drifting on the highway right-of-way or line-of-sight obstructions around curves and at intersections. Section 1.03 JURISDICTION. The jurisdiction of this ordinance shall apply to all of the area of Wabasha County outside the incorporated limits of any municipalities contained therein. Section 1.04 SCOPE. The establishment of all structures shall be in conformity with the provisions of this ordinance. Any existing structure lawfully existing prior to the adoption of this ordinance, but not in conformity with the regulations herein prescribed, shall be regarded as non-conforming, but may be continued, extended or changed subject to the special regulations herein provided with respect to non-conforming structures. Section 1.05 INTERPRETATION AND APPLICATION. The provisions of this ordinance shall be interpreted and applied as the minimum requirements for setback from all highways including State, County and Township. Where the regulation imposed by any provisions of this ordinance are either more restrictive or less restrictive than comparable regulations imposed by any other law, ordinance, statute, resolution, regulation, or restrictive covenant of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Section 1.06 PROHIBITED ACTS. Except as specifically provided in this ordinance, no structure shall be erected, converted, enlarged, reconstructed, altered, or moved within the setback as defined in this ordinance. Page 1

2 Section 1.07 COMPLIANCE REQUIRED. It shall be the duty of all architects, contractors, subcontractors, builders and other persons having charge of the erecting, altering, changing, or remodeling of any building or structure, before beginning or undertaking any such work, to see that such work does not conflict with and is not in violation of the terms of this ordinance; and any such person authorizing or directing the performance of any such work in conflict with the terms of this ordinance shall be deemed guilty of a violation hereof in the same manner and to the same extent as the owner of the premises or the person or persons for whom such buildings are erected, altered, changed, or remodeled in violation hereof. Section 1.08 ADDITIONAL REMEDIES. In addition to other remedies, the County Board or the County Engineer may institute appropriate actions or proceedings to prevent, restrain, correct or abate violations or threatened violations of this ordinance. Section 1.09 PENALTY. A violation of any provision of this ordinance is a misdemeanor. A misdemeanor shall be punishable by a fine or imprisonment or both not to exceed the maximum fine or imprisonment or both provided for by Minnesota State law, plus, in either case, the cost of prosecution. Section 1.10 SEPARATE VIOLATIONS. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offence. Section 1.11 APPLICATION TO COUNTY PERSONNEL. The failure of any officer or employee of the county to perform any official duty imposed by this ordinance shall not subject the officer or employee to the penalty imposed for violation unless a penalty is specifically provided for such failure. Section 1.12 PRIMA FACIA EVIDENCE. This ordinance shall be prima facia evidence of the law of Wabasha County. Section 1.13 STATUTORY RULES ADOPTED. The definitions and rules of construction, presumptions, and miscellaneous provisions pertaining to construction contained in Minnesota Statutes, Chapter 645 are adopted by reference and made a part of this ordinance. As so adopted, references in that chapter to laws and statutes mean provisions of this ordinance and references to the legislature means the Board of Commissioners. Section 1.14 CONJUNCTIONS. The words or and and may be read interchangeably in situations where the context requires it. Section 1.15 CATCH LINES. The catch lines of the various sections of this ordinance printed in bold face type are intended to indicate the contents of the section for the convenience of the reader, but shall not be construed as a part of the section. Section 1.16 VALIDITY. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this ordinance as a whole or any part of it except that part so declared to be invalid. Page 2

3 Section 1.17 DEFINITIONS. Unless the context clearly indicated otherwise, the following words and phrases have the meaning given to them in this section. (1) Structure. Structure means any construct built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind, including, but not limited to, a silo, outbuilding, shed, barn, house, garage, office, commercial building, industrial building or agricultural building; and also means any embankment, sign, well or sewage treatment system or obstruction unless excepted from the terms of this ordinance. (2) Mobile Home. A manufactured, transportable, single-family dwelling suitable for year-around occupancy containing water supply, waste disposal, heating and electrical facilities that are designed for attachments to outside systems or sources. (3) Setback. Setback means a distance, measured perpendicular from a right-of-way line of a highway, extending in the opposite direction from the centerline of the highway for a distance as determined in Section 2.05 of this ordinance. (4) Setback Area. Setback area means all of the land which lies between the closest right-of-way line and a line located at the setback distance from the right-of-way line as defined in Section 2.05 of this ordinance. (5) Highway. Highway means all public highways, roads, streets or avenues including those under the jurisdiction of the State, County, or townships, outside the incorporated limits of any municipality. Highway does not mean private drives, private roads, or cartways, which are a means for establishing access to properties in accordance with Minnesota Statutes Chapter 164. Section 1.18 NON-CONFORMING STRUCTURES. Structures lawfully existing within the setback area at the time of the adoption of this ordinance may remain in the setback area although such structure use does not conform with the provisions herein, subject to the following provisions: (1) Enlargement or Alteration. No non-conforming structure may be enlarged or altered in any way which increases its non-conformity. No addition or modification to a non-conforming structure shall exceed fifty percent of its current market value as determined by the County Assessor s records, unless the entire structure is moved from the setback area. (2) Damage or Destruction. If a non-conforming structure is destroyed by any means to an extent of more than 50 percent of its current market value, as determined by the County Assessor s records at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. If destroyed to less than fifty percent of its market value, said restoration shall begin within twelve months or the structure shall be removed form the setback area. (3) Relocation. If a non-conforming structure is moved any distance, for any reason whatever, it shall thereafter conform to the setback regulations in this ordinance. Whenever a non-conforming structure has been moved from the setback area, it shall not thereafter be moved back to the setback area. Page 3

4 Section 1.19 EXCEPTIONS. The following structures are excepted from the terms of this ordinance: all publicly owned structures, including, but not limited to, intersecting roads, signs, bridges, underpasses, embankments and ditches created by easement, and buildings; all public utilities, including, but not limited to, utility poles, lines, wires, pipes and culverts and landscaping incident to their use; and fences which do not substantially obstruct vision at intersections or around curves. ARTICLE II. ADMINISTRATION. Section 2.00 COUNTY ENGINEER. Except as otherwise provided herein, the provisions of this ordinance shall be administered and enforced by the County Engineer. Section 2.01 VARIANCES. In addition to all other requirements provided by state statute, rule or regulation, the Board of Adjustment may grant a variance only upon a finding that all of the following facts and conditions exist: (1) That there are exceptional and extraordinary circumstances or conditions applying to the structure in question that do not apply generally to other structures. (2) That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the County. The possibility of increased financial return shall not in itself be deemed sufficient to warrant a variance. (3) That the authorizing of such variance will not authorize or condone a dangerous condition and will not materially impair the intent and purpose of zoning ordinance or the public interest. (4) That the condition or situation of this specific structure for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation. (5) That the variance requested is the minimum variance which would alleviate the undue hardship. Section 2.02 FORM AND CONTENTS OF APPLICATION FOR VARIANCE. The Board of Adjustment is authorized to prescribe by resolution or motion the form and content of any application to be made by any person seeking a variance. Section 2.03 PUBLIC HEARING. No variance shall be adopted until a public hearing has been held thereon by the Board of Adjustment. The Board of Adjustment shall adopt findings based upon the evidence established during the hearing, shall render conclusions derived from their findings of fact, and shall act upon the variance application within 60 days from the date of the conclusion of the public hearing. Section 2.04 REAPPLICATION. No application for a variance shall be reconsidered by the Board of Adjustment within a one year period following a denial of such request, except the Board of Adjustment may permit a new application if, in the opinion of the Board of Adjustment, new evidence or a change of circumstances warrants it. Page 4

5 Section 2.05 SETBACK REQUIREMENTS. Setbacks shall vary in depth according to the functional classification of the highway, as defined by the Minnesota Department of Transportation. An updated list of highways and their functional classification may be obtained from the Wabasha County Highway Department. If the highway is classified as a principal or minor arterial, or as a major or minor collector, the setback distance shall be 50 feet from the closest edge of the highway right-of-way; if the highway is classified as local, the setback shall be 30 feet from the closest edge of the highway right-of-way. Arterial roads should have the following characteristics: 1. Link cities and larger towns (and other traffic generators, such as major resort areas, that are capable of attracting travel over similarly long distances) and form an integrated network providing interstate and intercounty service. 2. Be spaced at such intervals, consistent with population density, so that all developed areas of the State are within a reasonable distance of an arterial highway. 3. Provide (because of the two characteristics defined immediately above) service to corridors with trip lengths and travel density greater than those predominantly served by rural collector or local systems. Minor arterials therefore constitute routes whose design should be expected to provide for relatively high overall travel speeds, with minimum interference to-through movement. Collector roads should have the following characteristics: The rural collector routes generally serve travel of primarily intracounty rather than statewide importance and constitute those routes on which (regardless of traffic volume) predominant travel distances are shorter than on arterial routes. Consequently, more moderate speeds may be typical, on the average. Major collector roads should: 1. Provide service to any county seat not on an arterial route, to the larger towns not directly served by the higher systems, and to other traffic generators of equivalent intracounty importance, such as consolidated schools, shipping points, county parks, important mining and agricultural areas, etc. 2. link these places with nearby larger towns or cities, or with routes of higher classification; and 3. serve the more important intracounty travel corridors. Minor collector roads should: 1. Be spaced at intervals, consistent with population density, to collect traffic from local roads and bring all developed areas within a reasonable distance of a collector road; 2. provide service to the remaining smaller communities; and 3. link the locally important traffic generators with their rural hinterland. Local roads should have the following characteristics: 1. Serve primarily to provide access to adjacent land; and 2. provide service to travel over relatively short distances as compared to collectors or other higher systems. Local roads will, of course, constitute the rural mileage not classified as part of the principal arterial, minor arterial, or collector systems. Page 5

6 ARTICLE III. EFFECTIVE DATE. Section 3.00 This ordinance shall take effect and be in force from and after its official publication. Passed and adopted by the Board of Commissioners of Wabasha County, Minnesota, this 4 th day of August, Chairman, Wabasha County Board ATTEST: County Administrator APPROVED AS TO FORM AND EXECUTION: County Attorney Page 6

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