HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/12/2003•
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I MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Otter Tail County Courthouse
Commissioners' Room, Floor 1-B
Tuesday,August12,2003
9:30 a.m.
I Call to Order
The Otter Tail County Human Services Board convened Tuesday, August 12, 2003, at
9:31 a.m. at the Otter Tail County Courthouse with Commissioners Malcolm Lee, Chair;
Syd Nelson, Vice-Chair; Dennis Mosher, Roger Froemming, and Bob Block present.
Approval of Agenda
Motion by Mosher, second by Block, and unanimously
Services agenda of August 12, 2003, as mailed.
Approval of Minutes
carried to_ approve the Human
f,
Motion by Nelson, second by Froemming, and unanimously carried to approve the Human
Services Board minutes of lluly 22, 2003, as presented. ·
\ Court Services Grants
The Court Services Director presented, for the record, an executed copy of the grant
agreement between the Cbunty of Otter Tail and the Minnesota Department of Corrections
related to Caseload/Workl6ad Reduction grant and Remote Electronic Alcohol Monitoring
(REAM) grant. I _. .
West Central Regional Juvenile Center
Chuck Kitzman, Court Se7ices Director, provided copies of the Cooperative Agreement
signed in 1996 with Clay County for operation of the secure juvenile detention and treatment
facility, a letter summarizirlg the facility's budget shortfall, and the cost sharing proposal.
Discussion followed regarding the agreement and ownership of the detention facility. The
County Auditor discussed GASB 34 regulations as it relates to reporting of depreciation.
Commissioners expressed choncern with the shortfall and stated that Otter Tail County is not
responsible for Clay County's budget deficit; however, loss of the use of the facility and-
transportation services would impact the County. Motion by Nelson, second by Froemming, :" 0 •
to authorize payment of $411,709, in five installments over the next five years, to Clay County
for the WCR Juvenile Center budget deficit. The first installment of $8,341.80 is to be paid by
September 1, 2003, from thJ Otter Tail County Secure Detention Fund. Chairman Lee called
for a roll call vote: I
Commission Distri~t 3 Mosher Nay
Commission District 5 Block Yea
Commission District 4 Froemming Yea
Commission District 1 Nelson Yea
Commission District 2 Lee Nay
Motion ca rried 3-2.
Bills & Claims
Motion by Froemming, second by Nelson, and unanimously earned to approve the Human
Services bills & claims as pre1sented.
·oTc'o. Board of Commissio-ners' Minutes
August12,2003
Page 2
-Dog Bite·Hearing C
At approximately 10:00 a.m:, County Attorney,. David Hauser, opened a dog bite hearing
under the Otter Tail County Animal Control Ordinance.:, He:·stated that the City of Fergus
Falls has a Dangerous Animal Ordinanc!3 _and the dog named Lo-Key has been banished
from the City, which leaves the County with jurisdiction. The dog is owned by an individual
residing in the City of Ottertail. The owner of the dog was notified .by certified mail regarding ·
this hearing. The owner was not present... After being duly sworn in by the County Attorney,
Public ·Health-t.Jurse Jodi Miseg~cles, gave testimony-regarding two dog -bil,I!:! incidents_ or;i
July 23,. ~003,, at Broadw~y Par~. T~e, first .bite_ was not .Vfilnessed by anyon\'l. The secorid
bite was witnessed by_Dor~enJ3e9k_.,, AJ?\)li<:e,report_hacl.been re~ive_d.as_ w~II as a twg
page medical rep'ort outlining each dog bite incident The dog was placed in quarantine after
the incidents. Ms. Misegades provided photographs oUhe injuries as part of the record. After
being duly. sworn inh by the_ County )\ttprpey:. Public 1-J_ealth Dire_ctor-Diane T~orson, briefed
Commissioners on a phone conversation she had_,11\'ith $cott B,urris, the owrier of the d_og_.
Mr. Burris was instructed to appear at the hearing and provide documentation and proof of a
plan to follow to prevent further bites/injuries. Motion by Block, second by Froemming, and
unanimously carried to find that two. pile incident~. e>q~urrecl or:i •July 23; 2003; at Broadway
Park, one to Ryan Beck and the othe~clo !=lyse H_olzw9rth; WQich·caused S!-Jbstantial _bodily
harm; therefore, the dog named Lo-Key is found to be a danger to public safety. Motion by
Block, second by Froemming, and unanil"]'1ously carried .to find that the dog named Lo-Key be
e_uthanized to ensure public safety and to direct ,that proof of the_ euthanization be provided.
The ~punty Attqrney will draft Findirigs and._Qrde_r for th_is hearing. ., . •, . ,_
:.~-, ' · ' · · ~o~itio~ Changj 1 ." _; :,~; 1
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Ms. Thorson stated that due to workload reassignments that have resulted in less work hours
needed in the support staff area and employee choice, she presented a recommendation that
a Secretary/Receptionist position be reduced from 40 hours __ perweek-to 30 hours per, ~eek
effective_ Septe_n:iber 1, 2003. • Motjon by. Mos_her, second _by Block: and ·unanimously carrieq
~o reduce a .Se9retary/Receptie>nist poi,itiol') in the Pu~lic,He;:!lth _Department.from 40,-hours
.perwee~_to·30J1ours pe_r,week as,re_q!-Jested.-,·, • -,,-';, -, ,. • , .-,, _
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· ! -1 · ;, , i , . ·· Bill of S~!e ,to, Tra1Jsfer j;quipmenJ . , _
Motion.by·Nelsor;i, ~econd by, l;/oe_mmi_ng; and1!,.manimously_carried to authorize the Ch!=!ir'~
signature to execute a Bi1Lof1Sa_le ,lo convey,clental equipment valued,-at $66,749 to thei
Minnesota Department of Hurna_i:i Service~ to use the equipr:ient for a qerital_ program in Otter
Tail Gounty._ ,1 • • :· •• ;, ' :i ., , . , ~ .. -. , ,. ; ,. , i
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Community Health Services Commentary
Ms. Thorson provided the Spring· CHS._ q,ommentary, an _education
Minnesota Department of Health.
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pamphlet from the
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, ._ , -· Adj~urnment · , , . . . . _ , • ,, .
At 10:30 a.m., Chairman: Lee declared the meeting of the Otter Tail County Human Services
Board adjourned until '9:30 a.m. on Tuesday, August 26, ·2003. ·· · ·
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· 0TCo. Board of Commissioners' Minutes
Dated :._ .... s+"l~:....;l,=-+/ o"'-'-3-i-----
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Attest:. __ p~~:.l:::ll!::£li:~-
Larry Kroh
Call to Order -County Board
August 12, 2003
Page 3
The Otter Tail County B9ard of Commissioners convened Tuesday, August 12, 2003, at
10:35 a.m. at the Otter ITail County Courthouse with Malcolm Lee, Chair; Syd Nelson,
Vice-Chair; Roger Froemming, Dennis Mosher, and Bob Block present.
I Approval of Agenda
Motion by Mosher, second, by Nelson, and unanimously carried to approve the County Board
agenda of August 12, 2003, as mailed.
Approval of Minutes
Motion by Froemming, second by Nelson, and unanimously carried to approve the County
Board minutes of August 5\ 2003, as presented. ·
Approval to Pay Bills
Motion by Block, second by Mosher, and unanimously carried to approve payment of County
Board bills per Attachment 1A of the official minutes, including the following lodging payment:
I Recorder, Wendy Metcalf Best Western
Approval of Moving Vendor
Motion by Block, second qy Nelson, and unanimously carried to award the moving project
(weekend of 8/22-24/2003 & 9/5-7/2003) to Beltmann Group at a cost of $25.00 per hour.
Open House Dates Set
Motion by Froemming, second by Block, and unanimously carried to set the Open House
dates at the new Governmbnt Services Center on October 4, 2003, and October 18, 2003,
I from 10:00 a.m. to 2:00 p.m.
Facilities Operations
Motion by Lee, second by Mosher, and unanimously carried to change the name of the
Building Maintenance Department to Facilities Operations.
I Mail Operations
County Coordinator, Larry Krohn, briefed the Board regarding mail delivery from both the
Courthouse and the GSC bOilding. The Post Office will soon be requiring that a bar code be
present on all mail. Our curtent mail machine stamps ink for the postage and will not be able
to provide a bar code on out going mail. Mr. Krohn recommended leasing two new postage
machines that contain the technology for the new postal requirements. Motion by Block,
second by Mosher, and un~nimously carried to lease two postage machines from Pitney
Bowes, in the amount of $1,856 per month. One machine will be located at the GSC building
and one at the Courthouse.
OTGo'. Board of Commissioners' Mimites
August12,2003
Page4
Smoke Free Policy _
Public Health Nurse,' Marion Kershner, ·pr:_oposed a smoke free policy from the Public Health C
Department, which. indu~es_ smok~ fre~ gro!Jnds, vehicles, parking lots, and all County
owned buildings. , She presented a' memo 'from the Wellness Committee that proposed
smoke free for 5_o·ft: i~. frq[it-of C9ur:,ty.builcl_ii1gl? and entrances ~,n'd,<!11 County pool cars. The
Human Services management team proposed another ,..S!;"C?,K~ ,fr~,e:-)policy option.
Ms. Kershner briefed the Board on what other counties aie doing.-relative to smoke free
policies. Wellness and Safety Committee member, Sharon Wicklund, iep6rted that there has
not been a consensus in any commi!tee ?bout chi;mging the current no smoking policy.
Lengthy discussion followecj, ,Chairman Lee requeste~ that _the-issue be.considered fur!her
and_ a deci_s[on .I/Viii b~ mad~ c!t the n~xt Coµnty. B<>!3,rd meetii:,g. i, · . .., , , .
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Household Hazardous Waste Contract
NorthEast Landfil,I .
Motion by MoshE!r,. J,econd: by Block,, !!t:ldn!Jf1anin:,ou~!Y carried ,to-c:1uthorize -the Chair's
signature to execute a Household Hazardous Waste M,anagement· ~rogram_ between the
County of Otter Tail and Stevens County effective July 1, 2003.
Motion by .N_elson, second by Mosher, c:1nd: 1,manim9usly carrjed to. authorize final payment, in
the amount of $31,795.50, to Hexum Builders of_D!3nt,·,Mt'J., for the cc,mpletion of the new
building located at the NorthEast Landfill.
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Motion by Froemming, second by.Nelson, and,unanimously carried-to approve an increase to
Sewer Service from $55 per· load for hauling leac_hate from the NE• Laoc:Jnll to ,~he. Perham (
Recovery Facility to $65 per load effective September 15, 2003.
Conveyance of Tax Forfeited Land
Motion by Lee, second by Nelson, and unanimously carried to approve the Application by a
Governmental Subdivision for Conveyance, of Tax Forfeited Lands foc'an Authorized· Public
·Use as submitted by the City of Pelican Rapids Economic Development Authority for the
following described parcel: · · ·
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-··' 76-00,0799-0128-000, ,, ,
OriginaJ(P,lat -.Qity of Pelican Rap_ids
Lot 9, Block 6
Tobacco License & Exempt Permit
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. ., . , . .. _ . • Payment of Ditch Expenses. , . • . . . . , ,, . . 'j .... , • • .., • ~ • l I , , , ! '• , ' · •
Motion by Mosher, second by Bloc_~. ?pd una_nirrous!y car~iep . t_o -,appro)le. _the· following
application for license:
Haug Hammer Post 508 ,. . , .
. . ; . , _ •~=l~~;,t~~t 5~~4Box 26( ·
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-Tobacco . : ~ . ' .
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Motion by Nelson: second by Froemmlng;' and un~him~usly carried to approve payment cif . ' . ' .... ,-. ' -~ ' ) . .. ' ,. . . . ' ' the following County Ditch related expenditures: . . ·· · · · '' '. ; ' · · .. · "
', · · Egge Consi~ucticin In'<::° . '. county Ditch' 12" ,, '' . $1','980.09 :
· . Eagles Care·· · · · · '-.'.' County Ditch 38 ·, ·'.1, · · , 14.64 C
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OTCo. Board of Commissioners' Minutes
August 12, 2003
. ,:,::·· •. Page 5
Motion by Nelson, second by Mosher, and unanimously carried to approve, with no waiting
period the LG220 -Applibation for Exempt Permit as submitted by the East Otter Tail Ducks
Unlimited Chapter for an bvent scheduled for September 11, 2003, at the Sparetime Bar and
Grill.
Bid Award -S.A.P. 56-603-07 & Etc.
After previously advertising for bids, Highway Engineer, Rick West, opened the following bids
at 1 :00 p.m. on August 6, :2003, for overlay projects on CSAH No. 3 and CSAH No. 24:
Mark Sand & GrJvel Co. $501,456.38
Fergus Falls, MN\
Northstar Materials, Inc. $567,285.88
Bemidji, MN I
Central Specialties, Inc. $576,142.68.
Alexandria, MN I
Sherbrooke Asphalt, Inc. $646,175.92
Detroit Lakes, MN
Motion by Lee, second bJ Mosher, and unanimously carried to award S.A.P. 56-603-07 &
Etc. to the low bidder, Mark Sand & Gravel Co., in the amount of $501,456.38. I .
2002 €ounty Highway Department Annual Report
Mr. West provided copies of the 2002 Annual Report of the Otter Tail County Highway
Department. . . .,i
Recess & Reconvene
At 12:02 p.m., Chairman Lee declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. The meeting was reconvened at 1 :12 p.m. with
Commissioners Nelson, Lek, Mosher, and Block present.
E~actment of Proposed River Ordinance
Enabtment of Proposed Amendments to the
Setba~k and Shoreland Management Ordinances
The County Attorney statedi that a public hearing was held to consider a River Ordinance and
amendments to the Setback Ordinance and SMO. These changes are proposed to be
effective January 1, 2004.
Motion by Nelson, second by Mosher, and unanimously carried to approve the Otter Tail
County Setback Ordinan]e as presented and attached to the official minutes as
Attachment B.
Motion by Nelson, second by Block, and unanimously carried to approve the Otter Tail
County River (Tubing) Or inance as presented and attached to the official minutes as
Attachment C .
OTCo. Board of Commissioners' Minutes
August 12, 2003
Page 6
Motion by Mosher; second.by Block,.imd unanimously.carried.to approve the·:aine.ndments·t6 C
the Shoreland Management Ordinance ·as. presented: and ·attached ·to the-official 'minutes, as
Attachment D., ·c ,· ,. ,cs --,· ·,·;;.,,,-,. ·-. ~ -~-;j_;. I -~--',, ' ,,;, ,.,
Dog Bite Order
Motion by Lee, second by Mosher, and-unanimously carried to approve the Findings and
Order for the dog bite:hearing relative.to the dog, Lo°Key, .owried by Scott· Burris. •--
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Performance Evaluation Summary
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Motion by Mosher, second· by Block, and unanimously carried to"'approve the favorable
evaluation summary of the GIS Data Base Coordinator, Sherry Leabo;' as presented. The
summary will be placed in her personnel file. ,.
Collections Assistant Position
Motion by Lee, second by Nelson, and unanimously carried to authorize the County Attorney
to advertise and fill the position of Collections Assistant. · · · ·. -~,i-.' :c.,:
, -Adjournment ' '
At 1 :35 p.m., Chairman Lee declared the meeting of the Otte( Tail
Commissioners adjourned until 9:30 a.m. on Tuesday, August 19, 2003.
County Board of
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:~~MISSIONERS.
; ; ·' r,' . Malcolm K. Lee; County Board Chair 1
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8/12/2003
13:58:53
Otter Tail County Warrants
August 12, 2003
Page 1, Attachment A
OTTER TAIL COUNTY AUDITOR
PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
IFD66
COUNTY 56
PAGE 1
WARRANTS APPROVED ON 8/12/2003 FOR PAYMENT 8/12/2003
VENDOR NAME
ACS AL'S STOP & SHOP INC AMERICAN TOWER CORPORATION
APPLIED CONCEPTS INC
ARAMARK SERVICES INC
JEFFREY ARNDTI AUTO GLASS SPECIALISTS INC
AUTO SAFETY SERVICE
BATTLE LAKE AUTO PARTS
BATTLE LAKE STANDARD BEYERS BODY SHOP INC
BJ'S EAST I BL EXPRESS BOB'S NAPA AUTO PARTS MICHAEL BOEN I BOUND TREE MEDICAL LLC BRANDON COMMUNICATIONS INC
BRAUN INTERTEC CORPORATION
BRAUN VENDING I INC CARR'S LAKE COUNTRY SUPERMARKE CASEY'S GENERAL STORES INC
CATCO I
CO OP SERVICES INC
COMMISSIONER OF TRANSPORTATION
CONOCO I COOPERS TECHNOLOGY GROUP
VINCE CRARY I CULLIGAN
DEANS COUNTRY MARKET
DELZER CONSTRUCTION INC g~~•~T~~
DON' s SERVICE I JACOB DREVLOW
EAST OTTER TAI,L · 4 H FEDERATION .
JAMES EASTMAN I ENGINEERING REPRO SYSTEMS
FARNAM'S GENUINE PARTS INC FERGUS FALLS DAILY JOURNAL FERGUS FALLS MEDICAL GROUP
FERGUS FALLS POLICE DEPT
FERGUS FALLS SMALL ENGINE & TR
FERGUS INTERNATIONAL INC
FERGUS TIRE CENTER
FERRELLGAS I ROBB FOREMAN
AMOUNT
1,151.03
140.94
75.00 299.02
4,327.18
100.00
3 71. 62
1,698.48
46.95
352.05
255.61
99.69
56.41
5.75
10.64
. 10. 85
1,925.05
5,796.00 27.64 562.02
342.65
63.43
399.22 9,838.52'
236.89
401.44
191.96
10.65 7.96 594.00
90.47
24.75
57.87
161.28
52.97
85.83
88.35
13.65
.FOTH & VAN DYKE FRANKLIN FENCEICO INC
ROGER FROEMMING
1,798.72 33.00 1,475.95
235.74
341.99 40.39
132.32
57.26
24,992.58
7.99
83.16
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Otter Tail County Warrants
August12,2003
Page 2, Attachment A
IFD66
8/12/2003 13:5_8:53
.OTTER TAIL COUNTY AUDITOR ·· PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
-· -: ,WARRANTS FOR, PUBLICATION
COUNTY 56 , . PAGE . 2 ·. ' { ; i' .~. ' •'' I -
· .. -WARRANTS APPROVED ON . 8/12/2003 ~ . --.. . ' . -.: ,_, ,1. , .. ' FOR,l?AYMENT
AMOUNT VENDOR NAME
GARAGE DOOR STORE DONNA GEISER . GERRY'S PARTS SUPPLY GR GRAPHICS INC MARSHALL GREIMAN SILK SCREEN.PRINTING HEDAHLS HEADQUARTERS• -HILL TOP TOWING · , ' ,
HOLIDAY CREDIT OFFICE. HOLIDAY INN EXPRESS ST PAUL HOLIDAY INN ST CLOUD PAUL'S HOLIDAY-STATION STORE SHELDON HOLM HOOT'S MARINE -' ... ·. · INTERSTATE I~C. : JJ'S GAS AND GROCERIES JOHN-BUSHMAN EXCAVATING
JP STEWART ., KARVONEN AND SON KELLY SERVICES INC.'· KNUTSON ELECTRIC REBUILDING LARRY KROHN · . -L & L SERVICE'·':·:·
LAB SAFETY SUEPLY INC LAKE REGION HEALTHCARE CORP , ...
~~~ ~i~VE ;._ ' : ' LAKEWAY MARKET . . t
LARRY OTT INC TRUCK·SERVICE PAT LARUM '-. ~
LAWSON PRODUCTS: INC. LIGHT RETURNS RECYCLING LINK REC INC : . ,-LOCATORS & SUPPLIES INC
MAIN STREET EXPRESS.
MFSRC -·.r .. MIDWEST TESTING LABORATORY MIDWESTERN MAT RENTAL & SUPPLY
MN MOTOR COMPANY. '
MN STATE AUDITOR MONITOR TIRE DISPOSAL INC
DENNIS MOSHER -, MURPHY OIL USA· INC • -MWPS , NELSON DODGE GMC NELSON FORD LINCOLN.MERCURY IN SYDNEY NELSON KEVIN NEWBORG NORTH UNION TEXACO· NORTHERN STATES SUPPLY INC
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1,600.00 165,86
· 11 .. 10 .28,03 154.52 -"15. 07 .85. 00 219.68 178·. 54 -_ 89.55 '532. 76·'.'-; 64 ."08' . -
202.26 41.11 127,00
3,690.00 75 . .77 47.15 756.15 247 .16 .
157.68
•' :'. <-· 955.04
7,4 . .70 312,50'. 240:00
q1 60.00 -1, 323•. 51 325.00 65. 82 . .. •.. ·85.32 193.72 73 .36 ·-614.23 · 109.75 .. ,. .. -
.,,_ .75,. 00. -5';692.00 29,.55 __
· 20. 90
.1, 935 ._50-· ,. 689.60'
' 47.52-' 6,607.09
. 15.50 89.22 153.58 187.20 270.29 396.40 0 365. 38
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8/12/2003
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Otter Tail County Warrants
August 12, 2003
Page 3, Attachment A
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION
IFD66
COUNTY 56 PAGE 3
WARRANTS APPROVED ON 8/12/2003 FOR PAYMENT 8/12/2003
VENDOR NAME
OLSON OIL CO INC
OTTER TAIL co I.SOLID WASTE OTTER TAIL CO TREASURER OTTER TAIL POWER COMPANY
PAMIDA INC I PAMIDA PHARMA<IT
PARK REGION CO OP
PEBBLE LAKE TAKE 5
PELICAN CASH & DASH
PELICAN RAPIDS PRESS
PENROSE OIL COMPANY PERHAM AUTO WRECKING INC
PERHAM CO OP CREAMERY
PERHAM CONOCO I PERHAM ENTERPRISE BULLETIN PERHAM PRINTING & SUPPLY
CITY PERHAM I PETE'S AMOCO
PETE'S BODY SHOP & TOWING·
QUILL CORPORATION REVIEW ENTERPRISES INC RIVER BEND INDUSTRIES
SAMMY'S ONE STOP
LYLE SCHLESKE I SCHMITZ FORD INC SCOTT HOFLAND -
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CONSTRUCTION
SEWER SERVICE SIGELMAN STEED & SALVAGE CO IN
SIGNWORKS SIGNS & BANNERS
SOUTH MILL SERVICE
SOUTHTOWN C-STORE STADUM PLUMBING LLP STEVE'S SANITATION
STOP-N-GO STORES INC
SUPERCARS . [ ·
TANK N YUMMIES
GARY TORGERSON[ UNDER-MART UNIVERSITY OF MN UNIVERSITY OF NE
VALLEY SOFT WATER LTD
VERGAS ACE HARDWARE
VERGAS 66 I VICTOR LUNDEEN COMPANY VIKING OFFICE PRODUCTS WADENA CO AUDITOR TREASURER
WELDING SUPPLIES & FIRE
WEST TOOL & DESIGN INC
ZIEGLER INC
AMOUNT
l,286.85
120.00
39. 00 42.52
113.63
l,576.21 181.63 192.0l
608.33
56.65 488.84
70.00
40.43
451.92
264.50
56.97
65,782.80
170.00
119.28 29.82
165.73
157.39
66.05 330.00 81.32 4,690.00
1,945.00
63.70
104.0l
132.79
277.53
l,660.00
4,898.64
l,447.05
55.00
507.50
75.00
108.86
l,799.66
29.50
72.76 56.29 67.48
89.23
276.23
492.80
56.39 20.00 74.42
; Otter Tail County Warrants
•. August 12, 2003
Page 4, Attachment A
8/12·1-2003
13:58:53
OTTER TAIL COUNTY AUDITOR PANELSON.RECEIPTS AND DISBURSEMENTS'SYSTEM w~s FOR.· PUBLICATION-·-... : •'··
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IFD66 COUNTY 56 . . PAGE'·:. 4
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WARRANTS APfROVED ON
VENDOR NAME
_ 8/12/29_03 FOR_ PAYME_NT '· -. r • .,_., _
8/12/2003
210 LUBE EXPRESS_, ..
**** FINAL TOTAL •..•...
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Official Minutes
August 12, 2003
Attachment B
OifTER TAIL COUNTY SET BACK ORDINANCE
The County Bolrd of Otter Tail County ordains:
I I. General Provisions. ·
II.
I A. Title. This Ordinance shall be known as the Otter Tail County Setback
Ordinante.
I P\urpose. This ordinance is enacted for the following purposes:
I. To promote and protect the health, safety, and general welfare of
p~rsons using and enjoying the roads throughout the County.
B.
2. To preserve and enhance the quality of county highways.
3. To regulate and ensure orderly use and development of county
highways.
c. Athorization. This Ordinance is enacted pursuant to Minnesota
' Statutes, G:hapter I 63, 375 and 394.
D. JuLsdiction. This Ordinance shall apply to all areas of Otter Tail County
outside th~ limits of incorporated municipalities.
Definition\s. For the purpose of this Ordinance, certain items and words are
defined as !follows:
I Individual Sewage Treatment System. An individual sewage treatment
system shall have the same definition as contained in Minnesota Rules ' 7080.0020.
ShJeland Management Area. Any land within 1,000 feet of a classified
lakd or 300 feet of a classified river.
Strlture. Structure means anything constructed or erected with a fixed
localion on or under the ground.
III. Setbacks.
A. No structure, dwelling or building shall be erected, placed or moved to
within 40 feJt of the right-of-way line of any existing county road except in a I shoreland management ai;ea .
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IV.
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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
I management area.
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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.
I D. Sign Exemptions:
1.\ Signs ofless than 64 square feet, and not more than eight feet in
height or width may be placed outside the road right-of-way, but within
thb 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.
V. I . I m atlons.
A. ViLations of this Ordinance shall be punishable as a misdemeanor.
B. In !he 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
appropriatJ action or proceedings to enjoin, prevent, restrain, correct or abate such
violation ot any threatened violation.
Right to Alcess. All employees of the Otter Tail County Land and Resource
Managemeht Office, Highway Department, members of the County Board of
Commissiohers, Planning Commission and Board of Adjustment, in the
performancb of their duties, shall have free access to all lands within 40 feet of the
right-of-way of any existing county road.
Effective olte. This Ordinance shall become effective on January I, 2004.
Dated: August 12, 2003 OTTER TAIL COUNTY BOARD OF
COMM_~ IO,NERS
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Malco m Lee, Chairman
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Official Minutes
'II-~-~ ' •.August 12, 2003
Attachment C
OTTERTAIL COUNTY RIVER ORDINANCE
The County Board of Otter Tail County ordains:
I I. General Provisions.
IL
I A. Title. This Ordinance shall be known as the Otter Tail County River
Ordinanl:e.
I R\urpose. This ordinance is enacted for the following purposes:
I. To promote and protect the health, safety, and general welfare of
p1ersons using and enjoying the rivers throughout the County.
2\ To preserve and enhance the quality of the rivers throughout the '
B.
County.
3.1 To regulate and ensure orderly commercial use of the rivers
I throughout the County. .
C. Althorization. This Ordinance is enacted pursuant to Chapters 3 75 and
394 of Minnesota Statutes.
D. sJverability and Savings Clause. If any section or portion of this
Ordinanc~ shall be found unconstitutional or otherwise invalid or unenforceable
by a court! of competent jurisdiction, that finding shall not serve as an invalidation ' or affect the validity and enforceability of any other section or provision of this
Ordinancd.
E. RJ,sponsibility. All licensees under this Ordinance shall be responsible
for the actions of their employees in regard to the operation of a tubing business
and an act \by an employee shall be considered an act by the license holder.
Nothing in this section shall be construed as prohibiting the County from also
subjecting 1\the employee to whatever penalties are appropriate under this
Ordinance, state or federal law or other applicable law or regulation.
F. Ju~isdiction. This Ordinance shall apply to all of the area of Otter Tail
County outside the limits of incorporated municipalities.
DefinitioJ. For the purpose of this Ordinance, certain items and words are
defined as follows:
Bold. "Board" means the Otter Tail County Board of Commissioners .
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License. "License" means a certificate issued by the Board which grants
Juthority to carry on a certain activity or business, subject to the
Jrovisions of this Ordinance.
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ILicenscc. "Licensee" means a person, firm, corporat10n or ot er enllty to
ihom a license is issued.
Ltter Reduction System. "Litter Reduction System" means a system
Jsed by a tubing business to reduce or eliminate the deposit of litter or
rbfuse in a river by patrons of the business.
I Tube. "Tube" means any flotation device, nine feet in length or less, that
c~n be used to transport any person or property on a river, including but
nbt limited to, inner tubes, rafts, kayaks, canoes, boats or other such
di . ev1ces.
I .
~ubing Business. "Tubing business" means any person, firm, corporation
or other entity operating a business that furnishes or provides tubes or
tiansportation services to persons for the purpose of floating on a river.
License.
A. License required. No person, firm, corporation or other entity shall
maintain) operate or conduct any tubing business without first obtaining a license
from the 'Board. A license is not required for resorts, licensed by the Minnesota
Departm~nt of Health, which provide tubes for their guests.
B. Abplication. An application for a license shall be made to the County
Auditor dn forms supplied by the County. The application shall state the
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applicant'!' name, address and telephone number, the name of the business, if
different, the legal description, address and telephone number of the premises on
or from which the business is to be conducted, any other business operated on or
from the ~ame premises, the type of license applied for, a description of all
services Jsed in connection with the tubing business, including information as to ' . toilet facilities and dressing rooms, a description of vehicles used to transport
persons o~ property in connection with the business, a complete description of the
litter redubtion system to be used by the business, and any other information as
required by this Ordinance or by the Board.
C. Fe!es. The fee for an annual license under this Ordinance shall be set by
the Otter Tail County Board, and no license shall be issued or renewed until the
fee has bebn paid in full. The license fee may be modified from time to time by
resolution of the Board.
D. Term. All licenses shall expire on the last day of December in each year
unless rev6ked prior thereto .
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E. Standards. The Board shall review each application and shall not issue a
' license for any tubing business that does not comply with .this Ordinance. No
license ~hall be issued for any tubing business unless the business for which the
license is sought has developed a litter reduction system that, in the judgment of
the Boatd, would have a significant effect on the reduction of litter, and is in
compliahce with applicable zoning, building, and health ordinances, and other
' laws and regulations.
I F. Transfers. All licenses issued under this Ordinance shall be valid only on
the preiriises for which the license was issued and only for the person to whom the
license ias issued. No transfer of any license to another location or person shall
be valid \without the approval of the Otter Tail County Board.
G. Movable place of business. No license shall be issued to a movable place
of businbss. "Movable place of business" means any form of business operated
out of a truck, van, automobile, trailer or other type of vehicle or transportable
I shelter rather than a fixed address storefront or other permanent type of structure
authorizJd for sales transactions. Only fixed location businesses shall be eligible
to be lic~nsed under this Ordinance.
I H. Display. All licenses shall be posted and displayed in plain view of the
general Jublic on the licensed premises.
I. A\pproval or Denial of Application. The Board shall act to approve or
deny an application for a license under this section within a reasonable period of
time and in no event shall the Board approve or deny a license later than 60 days
from the date that the application was accepted by the County Auditor.
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J. Mistaken Issuance. If a license is mistakenly issued or renewed to an
applicant) it shall be revoked upon the discovery that the applicant was ineligible
for the licbnse under this section.
0 . IR . peratmg eqmrements.
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A. All tubing businesses shall provide Land and Resource Management
I officers, law enforcement officers, firefighters, and ambulance and emergency
rescue sqJads free access to all property used in connection with the tubing
business t6 ensure public safety and compliance with this Ordinance.
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B. All, tubing businesses shall have sufficient dressing or changing rooms and
toilet facilities located on the premises to reasonably accommodate customers of
the busineJs .
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C. No tubing business shall sell, give, dispense, provide, barter, exchange or
' cause to be sold, given, dispensed, provided, bartered or exchanged any alcoholic
I beverage.
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D. No tubing business shall allow or permit the use or possession of glass or
Styrofoain products of any kind on a river.
E. jll tubing businesses shall have adequate trash containers located on all
premises to reasonably accommodate customers of the business.
F. Each tubing business shall diligently enforce its litter reduction system.
G. Al tubing business shall not allow its customers to access or exit a river
except ori property owned by the tubing business or used with the permission of
the lawful owner or possessor. No tubing business shall use a public road right-
of-way of other public property to allow its customers to access or exit a river.
H. Nl tubing business shall permit or allow any of its customers to gain
access to ~ river for the purpose of floating after 6:00 p.m.
I. Eth tubing business shall provide adequate off street parking.
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J. All tubing businesses shall comply with all federal, state and local laws
and ordinknces, including the Otter Tail County Zoning Ordinance .
Violation and Enforcement.
A. Violation. Any person, firm or corporation who violates or who fails to ' comply with any provision of this Ordinance or who makes false statements in
any docurilent required to be submitted under the provisions of this Ordinance
shall be gJiity of a misdemeanor and, upon conviction, shall be punished by a fine
and/or a jdil sentence authorized by Minnesota law. Each day that a.violation of
this Ordinknce continues shall constitute a separate and distinct offense and may
be punishJbie as such.
I B. Enforcement.
I. I This Ordinance shall be administered and enforced by the Otter
Tail County Sheriff's Office.
2. I In addition to any other remedies, this Ordinance may be enforced
by \njunction or action to compel performance or other appropriate action
in E>istrict Court to prevent, restrain, correct or abate violations.
3. I The Otter Tail County Attorney shall be responsible to prosecute
violations of this Ordinance .
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VI. Effective Date.
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This Ordinance shall be effective on January I, 2004.
I Dated: August 12, 2003
ATTEST:
OTTER TAIL COUNTY BOARD OF
COMMISSIONERS
B~Hnfvtt /(L'
Malcolm Lee, Chairman
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Official Minutes
August 12, 2003
Attachment D
• THE SHORELAND MANAGEMENT ORDINANCE
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OF
OTTER TAIL COUNTY, MINNESOTA
ORIGINAL EFFECTIVE DATE
OCTOBER 15, 1971
REVISIONS
MAY 1, 1973
APRIL 1, 1978
MAY 8, 1981
APRIL 15, 1985
FEBRUARY 5, 1992*
APRIL 13, 1993
MAY 1, 1997
JANUARY 1, 2001
JANUARY 1, 2004
* AS MANDATED BY THE STATE OF MINNESOTA
LAND & RESOURCE MANAGEMENT
OTTER TAIL COUNTY COURTHOUSE
121 W JUNIUS SUITE 130
FERGUS FALLS, MN 56537
218-998-8095
www.co.otter-tail.mn.us
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Shore/and Management Ordinance
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Effective 01/01/04
Page 1
SHORELAND MANAGEMENT ORDINANCE OF OTTER TAIL COUNTY
EFFECTIVE JANUARY 1, 2004
TABLE OF CONTENTS
..
I. GENERAL PROV1s19Ns ... ········. ..... ........ ............... ..... .................................. ............ 2
1. Title.............................................................................................................. 2 I . 2. Purpose....................................................................................................... 2
3. Legal Authotity ............................................................................................ 2
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6. Savings ClaLse........................................................................................... 2
II. DEFINITIONS ............ 1................................................................................................. 2
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Ill. DISTRICT REQUIREMENTS..................................................................................... 8
1. District Bourtdaries..................... ...................................... ........................... 8 ' . 2. Shoreland C,lassifications And Uses; Lakes............................................... 9
3. Shoreland Classifications And Uses; Rivers.............................................. 9
4. Lot Area And Setback Requirements......................................................... 10 . I
IV. GENERAL REQUIREMENTS .................................................................................... 13
I 1. Water Supply .. ........... ................................................................................. 13
2. Sanitation Standards . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . .. . ... . . 14
3. . Shoreland Alterations . . .. . .. . . . .. . .. .. .. . . . . .. . .. .. .. .. . . . . . .... . .. ... . . .. . . .. .... . . .... .. .. . . . .. . . .. . 14
4. Agricultural ~se Standards......................................................................... 16
5. Forest Management Standards.................................................................. 16
6: Extractive Use Standards........................................................................... 17
7. Standards Fbr Commercial, Industrial, Public And
' Semipublic l/ses ............ .............. .... ..... ........... ............ ...... ...... ............... ... . 17
8. Stormwater Management........................................................................... 18
9. Mining _o~ M~talli~ Minerals And Peat......................................................... 18
10. Subd1v1s1on frovrsrons................................................................................ 18
11. Cluster Developments .. .. .. . . . .. .. .. . . . .. . . .. .. . .. . . .. . .. .. ... . . .. . . .. . .. . . . . .. .. .. . .. . . .. .. .. .. . ... . 20
12. Non-Conforriling Uses................................................................................ 24
13. Exemptions .
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V. ADMINISTRATION .................................................................................................... 25
1. Site Permits.I................................................................................................ 25
2. Administrati~e Officer.................................................................................. 26
3. Conditional Use Permits............................................................................. 26
4. Appeals ...... ( .............................................................................................. 29
5. Variances From Standards......................................................................... 29
6. Shoreland M~nagement By Townships...................................................... 30
7. Notification 9rocedures............................................................................... 31
8. Amendment~······························································································· 32
9. Enforcements And Penalties...................................................................... 32
Shoreland Management Ordinance
of Otter Tail County
Effective 01/01/04
Page4
16. Conditional Use: A. use which _is permitted within a zoning district only
when allowed by the County Board of Commissioners or their legally designated agent
if certain conditions are met which eliminate or n:ii.nimize the incompatibility with other
permitted uses of the district. · · · · ·
17. Controlled Access: Any private site, . field or tract of land abutting a
classified body of water to be used primarily for access purposes. Including, but not
limited to backlot access.
18. Deck: A horizontal, unenclosed platform with or without attached railings,
seats,· trellises or other features, attached to a principal use or site and at any· point
extending more than t~ree feet above ground. . ... ,., , ., .. ,
. 19. Dwelling Site: A designated location for residential use by one or more
persons ·using temporary or movable shelter, including···caniping··.and .~recreational
vehicle sites. · · ··· · · · ·· · · · · · · ·· · ·· ·· ·· · · ··· · ·· · ·· . ·, .. ···,, · . • · ·
-20. Dwelling· Unit: Any structure ·or ·portioii qf a ~tructu·r~:: or _other sh.elter
designed all ihort or:Jo~g terr:n living quarters for one or more persons; including, but
not limited. to, rental .. or.timeshare accommodations .such as cottage, house, motel, hotel
and resort rooms, cabins, tents, RV's and manufactured homes.
21. . Environmental.Assessment Worksheet (EAW): A brief document, in
worksheet format, that helps local governments and state agencies decide whether a
proposed action is a-major·action with the potential for significant environmental effects
and, _in the·case of a private action, whether it is of more than local significance. ·1f the
action meets· these criteria, an environmental impact statement (EIS) should be
prepared. ···· · · ··· ' . . . , . " .
. ' 22. Environmental lmpacf Statement (EIS): . An informationa·I document
which contains a thorough evaluation of the enviropmental effects. of, a· proposed
project .. The.EIS ·provides ·information for agencies. and private persons which helps
them,not. 9nly to evaluate the impacts of proposed. actions which have the potential for
significant environmental effects, but to consider alternatives and•. to institute methods
for reducing .adverse. environmental effects. . ,, · ·
·,,:23 ... Extractive Use; ... The use of land for surface or·subsurface removal of
sand, gravel; rock,. industrial. minerals,. other·· nonmetallic ··minerals/ and peat· not
' • I • ' . • ' • "'l'P regulc!ted under Minnesota Statutes; sections 93.44·to 93.51. , .:'., .'. ·
1 _24.· ·--Fee Schedule:· A·document setting·forth·fees for s.ubdiyisions, permits,
applications and ·appeals. ..These fees are. established 'by" the Board · of County
Commissioners at a meeting in January of each year, and the·.county Fee.Schedule is
on file in the Office of County Auditor.· · · ·· · · · · . ~ · . • :. • .: . ·
25. Filtering· Basin:. A wetland, low .. area or basin that may contain related
veget;3Uo.n which functions to" remove sedime.nt, organic matter and other pollutants
from runoff or waste water by filtration, deposition, infiltration, absorption, adsorption,
decomposition and volatization, .thereby. reducing pollution .. a_nd protecting · the'
envir6nment.... --:,
-26... Flood Fringe:• The portion of a flood plain oi.ifside of the floodway.
27.--· Flood Plain: The areas adjoining a watercourse ·or water.basin that have .... '' . ' been or may be covered ·by a regional flood, as defined /n· Minne_sota Statutes Chapter
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28. Flood· Way": The chahhel of the watef"coi.irse; the)ed of~ater basins,
and those··portions· of the adjoining flood. plains that are reasonably required to carry
and diss;harge ~.o:od water arid provide! water storage during;a,regional.flood .. , ,,
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Shoreland Management Ordinance
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29. Forest: ,t plant community in which the dominant vegetation is trees and
other woody vegetation .
30. Forest L~nd Conversion: The clear cutting of forested lands to prepare
for a new land use oth~r than reestablishment of a subsequent forest stand. ' 31. Grading/Filling: Any change of the natural topography of land, except for
normal agricultural purposes. . ' 32. Height Of Building: The vertical distance between the highest adjoining
ground level at the st(ucture or 10 feet above the lowest ground level, whichever is
lower and the highest ~oint of the roof, with the exception of Water Oriented Accessory
Structures, which must !meet the requirements of Section 111.4. F .2. of this Ordinance. ·
33. Ice Ridge: A modification to the topographic characteristics of the shore ' resulting from a water basins expanding and contracting ice sheet and consisting of a
linear mound of soil ge❖erally parallel to the waters edge. .
34. Improved Lot: A lot that contains a single-family dwelling, ready for ' immediate use, which is serviced by a sewage treatment system and water supply, all ' of which comply with all state and local regulations.
35. lmpervioLs Surface: Any surface that is incapable of being penetrated
by water and thereby ~estricts percolation of water into the ground or maintenance of
vegetation, including b~t not limited to the "footprint" of a structure or building, a deck, a
driveway, a patio or a sidewalk.
' 36. Industrial: Any activity engaged in, but not limited to the cleaning,
servicing, testing, repaihng, storage, processing, construction, or fabrication of goods or
products. · · I . .
. 37. lntensive
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Vegetation Clearing: The complete removal of trees or shrubs
in a contiguous patch, strip, row or block.
38.. Lot: A p~rcel of land designated by plat, metes and bounds, registered
land survey, auditors plot, or other accepted means and separated from other parcels
or portions by said destription for the purpose of sale, lease or separation. ' 39. Lot Width: The shortest distance between lot lines as measured on a
line most parallel to th~ lakeshore at the legal building setback and not being less than
the required lake fronta~e.
40. Manufactured Home: A structure, transportable in 1 or more sections,
which in the traveling rhode, is 8½ body ft. or more in width or 40 body ft. or more in
length, or when erect~d onsite, is 399 or more square ft. and which is built on a
permanent chassis and, designed to be used as a dwelling with or without a permanent ·
foundation. (This includes "park models" that meet this definition.)
41. Manufacttired Home Park: Shall mean any area whether charging a fee
or free of charge on priiately or publicly owned land used on a daily, nightly, weekly, or
longer basis for the actommodation of two or more manufactured homes or recreation
units. I ·
42. Non-Conformity: Any legal use, structure or parcel of land already in
existence, recorded, br authorized before the adoption of official controls or
amendments thereto th~t would not have been permitted to become established under
the terms of the official icontrols as now written, if the official controls had been in effect
prior to the date it was established, recorded or authorized.
I 43. Open Space: Any space or area preserved in its natural state and
specifically not used for: parking, building or roads. · ·
Shoreland Management Ordinance
of Otter Tail County
Effective 01/01/04
Page 6
:. ,. i 44. Ordini3_ry. H_igh_ yYater; L~'!el:-. , The. l:>oundary of public wat~rs and
wetlands, and shall be an elevation delineating the highest water level which h?s been .
maintainecl for a ~ufficient pipriqd of tim1p . to leave evidemce upon the landscape,
commonly that point, where the nc1tural vegetaUon. changes from prepominantly aquatic_.
t<;> predominantly terr~striJII. For .wa~er courses, the ordinary high water level. is the
elevation of the top of the bank of the channel. For reservoir~ and flowages, the
~rdinary high ),Yater level is the op~~?ting elevation of t~e normal_ su.mmer. pool.
' 45. · Parking Space: An off.street area for motor vehicles not less than 10 ft. ' , . , • I • • • , • • , -~ •
by 20 ft. in area, having access to a. public street or alley, or private driveway ... In,,
determining t~e gross· area required· for a· specified number of off street parking places,~-
including.driveways and ·aisles; 300 square ft. per space shall be used.
46. . , Public Utility: . Persons, corporations 'or other legal entities, their lessees,
trustees, ancf receivers, now ·or herea_fter _operating, maintaining! 0,r, controliing in this :
state equipment or facilities .for,-furnishing at retail natural, manufactured or mixed gas
or electric service .to 'or for the public or engaged ·in the -production and retail sale ' ..; • . • ~ • ! . -. _,, . . " , • • I , • • . • -. •
thereof. · . .. . .. :.". . ,. . , .. • ·, " , , ~
,. • ;47. , Public Waters: 1 Any waters as defined in Minnesota Statutes, .Section
103G.005, Subdivisions 1.!,,ancl 18 .. , However, no lake, p9nd or flowage of less than 10.,.
acres in size:in municipalities and.'.'25 acres in· size in-. unincorporated areas need be
reg·u1~ted for the purposes of Minnesota Rules 6120.2590 t9 .612_().3900 .. A body of
water created by a private1,!-Jser wh,ere_ there was,,no _previous _shoreland may, at the
discretion of, the local government, be exempted from parts 6120.25001to 6120:3900. , • , _ •• . , ~-I. I , -' • ,_, • · • '• 1 ~ • ' ' • • · · ' ' The official determination of.the size and physical limits of drainage.areas , 1.
of rivers shall be made by the Commissioner. . • , .
·. ··4s; -· Performance Bond: A bond which may be required by. the):ounty
Board, Planning Commission or Board of Adjustment 'to insure the:·completion of any !
activity falling underthe jurisdii:;tion of this Ordinance. ., . . . . . . , , \ .
· 49. · Rec~eational ~a,mping A~ea: Any ~rea, ·whether :Privately, _or publicly
owned, used on a daily, weekly,.nightly or longer basis for the accommodation of two or ' • • : • -.; . ... • • • r • •
more recrea_tional,qampi~g units.~ .. , .. ,_, , . . .•--., ,,, • 1
50. · Recreational Camping Unit (RCU): A relocatable single-family dwelling . t
unit, less than 40 ft. in length, and less than 399 square feet when. erected onsite, I , . . , . _ . _. , ., • • . . .
includi~g, but not li~it~d to tents, mot9r1homes and trave! trailers. , . . . .
. 51. Regional Flood: A flood which is ·representative of large floods known to
have occurred. gen'eraliy' in ·'ivlinn·esota··_and reasonably characteristic: of what can be . . . '' .'' . . ' .. ~ . . ... ' ' . . . ' . . . ' expected to occur· witli an average frequency .in, the magnitude of the 100· year ;
I , ! ' • · · • ~ -· I ! · · I , -• • , , • , • recurrence interval. ~ , ·--: , ,. _. . , . ,_. . .. . . . .. ·
52. Screen Po_rch: A strur::t4re attached to the primary d~elling unit, where_ ?11
least 80% of the .walls consist, of screens and/or glass (combination windows), .see,,, 1 ' ., ' 1 • ._ · , . ,,._ ' , . ,t,'I . . ., • •
Water-Oriented Accessory Structure definition. ,
. . , 53. ,.Sensitive Resource Management: The preservation and management ,,, ' ... • ' .. ' . . ·'· ,. . . . of areas unsuitable for development in .their natural state due to constraints such as ; . ,· -• ' . 'I ' , . . , . ' . • -. . . shallow soils over groundwater or bedrock, highly erosive or expansive. soils, steep, -~~ • • ' • ' '.,_ : . ' ·-' J .• , ! ,\ • • •• slopes, susceptibility to.flooding-or occurrence of.plants or animals in-need of sp_ec1al
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protection. r,~ .. · , . : . •. . , .,. • .. L . . . : .• ''.
.. . 54. Setback: The .min_imum horizontal distance between a structure, sewage I, . ,J.-i ' ,t . ~~-... " ' • I ' •• , ·-•
treatment system· or other facility and an O,r9in11_ry High yvater Le"'.e!,,top of a bl\Jff, ::"
lotline and road right-of-ways. ·
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Shoreland Management Ordinance
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55. Sewage: Definitions relative to sewage and sanitation are set forth in the
Sanitation Code of Otter Tail County referred to under IV.2., of this Ordinance .
56. Shore lrripact Zone (SIZ): Land located between the Ordinary High
' Water Level of a public water and a line parallel to it at a setback of 50% of the ' structure setback (see Section 111.4.). For Ag land the SIZ is 50 ft. from the OHWL (see
Section IV.4.). Only 1 Jtructure may be placed in a SIZ. ·
57. Shoreland: Land located within the following distances from public water:
1,000 ft. from the Ordihary High Water Level of a lake, pond or flowage; and 300 ft.
from a river or the land~ard extent of a flood plain designated by Ordinance on a river, ' whichever is greater. ifhe limits of shorelands may be reduced whenever the waters
involved are bounded 'by topographic divides which extend landward from the waters ' for lesser distances and when approved by the Commissioner.
58. Significa~t Historic Site: Any archaeological site, standing structure or
other property that me~ts the criteria for eligibility to the National Register of Historic
I Places or is listed in the State Register of Historic Sites or is determined to be an
unplatted cemetery th~t falls under the provisions of Minnesota Statutes, section
307.08. A historic site lneets these criteria if it is presently listed on either register or if it I is determined to meet the qualifications for listing after review by the Minnesota state
archaeologist or the director of the Minnesota Historical Society. All unplatted I cemeteries are automatically considered to be significant historic sites.
59. Single F~mily Residence: A dwelling unit used by members of 1
immediate family, including normal appurtenances such as a garage. Licensed adult
and child foster homesl and daycare programs are a permitted single family residential
use of property as provided in Minnesota Statutes 245A.11 and 245A.14.
60. Site Pentiit: A permit for the erection and/or alteration of any structure
controlled by this Ordi~ance issued to insure compliance with all requirements of this
Ordinance, I
61. Steep Slope: Land where agricultural activity or development is either
not recommended or d~scribed as poorly suited due to slope steepness and the site's
soil cllaracteristics, ma1pped and described in available County soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in 1accordance with the provisions of these regulations. Where
specific information is nbt available, steep slopes are lands having average slopes over
12%, as measured ovet horizontal distances of 50 ft. or more, that are not bluffs.
62. Structure1
: Any building or appurtenance, including, but not limited to,
vision obstructing fence's, decks, swimming pools, satellite dishes in excess of 1 meter
in diameter, except Jerial or underground utility lines, such as sewer, electric,
telephone, telegraph, g~s lines, towers, poles and other supporting facilities.
63. Subdivisi6n: A parcel of land which is divided. ' 64. Toe Of Tihe Bluff: The point on a bluff where there is, as visually
observed, a clearly identifiable break in the slope, from gentler to steeper slope above.
If no break in the slope/ is apparent, the toe of the bluff shall be determined to be the
lower end of a 50 ft. segment, measured on the ground, with an average slope
exceeding 18% .
65. Top Of Tihe Bluff: The point on a bluff where there is, as visually
observed, a clearly identifiable break in the slope, from steeper to gentler above. If no
break in the slope is apbarent, the top of the bluff shall be determined to be the upper
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end .ofra· 50 ft segment; measured. on the1ground, with ari average ·slope exceeding
18%. r. •-.,>,'} . _ '1' ,_'_ ,/' · q •~-. ·•·· '(1: ' :,·· .·. · ~-,, 1 .. 1. ' '·'
·, , 6.6.-:.-Water-Oriented Accessory .. Strupture .or. Facility (W:O.A.S.): .A small
b_u.ilding ,or .. other ·improvement, except:stairways;: fences, docks,. and retaining walls,
which, because· of the: .relationship• of ·its· use .to· a .surface water feature, ·reasonably
needs to be located closer to _public; waters . than. •the:. normal structure.· setback. ·
Examples-of such structures .9nd ,facilities include boathouses, screen hc5uses; screen
porches,.saunas, fish houses find 'detached decks.. 't r . '' ·
.1; . 67.: ·, Wetland:•, A' surface water_feature· classified as a wetland: in the United
States F.ish and· Wildjife. Service ·Circular No. 39 (1971.' edition),, which 'is; hereby 1
incorporated by reference;'is available through the·Minitex·lnterlibrary·Loan System and ·
the Land & Resource Management Office.and is not subject to.frequent change, .. ·
Ill. , DISTRICT REQUIREMENTS .·, · ·,.. .,,,
· · · .The requirements set forth . in• this ·:Section : for.· each:. of the: Shoreland.:,
Management Districts defined.as part ofthis Ordinance shall govern the development .
within the.said districts .. , · .. · ,; ,,,1~, ,,:·:· ·: ~-.· · ·
· 1.-.District Boundaries: . · •:r,:, c-.> ·; ,' ··. · .,.,_·,:,
· · The boundaries of the Shoreland. Management Districts defined in this·
Ordinance are her!:JbY established at 1,000 ft. from·the Ordinary High Water Level of a ·
lake, pond or flowage and 300 ft.from a river.or the landward extent of the.flood plain ·
on such river, whichever is greater .. · Where the waters involved are bounded by natural
topographic divides. which .extend landward from .the waters for lesser 'distances, the ,
Planning Commission may interpret the.district boundaries .. '. . : :' .: ,:,,•
Public . waters shall· be classified by.· the Commissioner.· .The : .
Commi_ssioner may, as the need arises,. reclassify any public water. Also, any local
gov~rnment may at any time submi_t a resolution and supporting data re~uesting: a , ·
change in any shoreland management classification of waters within its jurisdiction,to '
the ~ommi~sioner for consideration·. . . , , . . ., · -· ' :r: .. · · ·
e . . The classification for each area ·surrounding each public ,body of. water is
hereby. established· according to· the document entitled 'Waters of Otter Tail County
Classification", which . accompanies and is, made :a part of this' Ordinance. Such ,
document shall be duly authenticated by the County and .shall be kept and maintained .
by_ the Administrative Officer; which copy shall be the final.authority on the classification._
for such ~_ody of water. : · · · · _ . . ·
.: ... Areas·: within .these classifications which due to . steep slopes, bluffs,
flooding, erosion, Umiting soil conditions, the presence of wetlands. or other· physical.-
constr~i11ts ,are sensitive to development are hereby designated as· Sensitive Areas o1
(SA). Sensitive •Areas .shall be designated in .accordance ,wi,th. Minnesota Rules
6120.3100.
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2 . Shoreland Classifications And Uses; Lakes
Lake Classification
GD RD NE SA
General Recreational Natural Sensitive
Use Develoement Develoement Environment Areas
Single Family Residences p p p C
I N N N N Guest Houses/Bunkhouses
Agriculture p-, p p p
Parks C C C C
Cluster Developments C C C N
Commercial C C C N
Shoreland Alterations C C C C
Churches, Chapels, Temples,
' Synagogues Including Sunday
Schools, Convents, & P~rish Houses C C C C
Forest Land Conversion1s C C C C
Industrial C C N N
Extractive C C C C
Controlled Access N N N N
Boat Access C C C C
P = Permitted Use
C = Conditional Use
N = Prohibited Use
3. Shoreland Classifications And Uses; Rivers
River Classification
Urban & Sensitive
Use . Transition Agriculture Tributary Areas --Single Family Residences p p p C
I Guest House/Bunkhouse N N N N
Agriculture p p p p
Parks C C C C
Cluster Developments C C C N
Commercial C C C N
Shoreland Alterations C C C C
Churches, Chapels, Temples,
Synagogues Including Sunday
Schools, Convents, & Patish Houses C C C C
Forest Land ConversionJ C C C C
Industrial N N C N
Extractive C C C C
Controlled Access N N N N
Boat Access C C C C
P = Permitted Use
C = Conditional Use
N = Prohibited Use
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4. Lot Area and Setback Requirements: ,
A. Minimum Shoreland Ordinance Standards For Lakes and Rivers
JS~e !able Of Shoreland Ordinance Standards)
TABLE OF SHORELAND ORDINANCE STANDARDS
FOR LAKES: .
-'.
. · -NE RD .. , GD
Natural Recreatioilal . General
Lot Size
Lot Area*
.. Environment Development Development·.
Water Frontage And Lot Width ,,
Structure Height Above OHWL ~
Vertical Separation**
Structure Setback From
Ordinary High Water Level
Lotline***
Single Family Residence
Cluster Development
Top Of Bluff
Public and Private Road Right-Of-Way
Septic Tank
Soil Treatment Area
Dwelling
. -
Non-Dwelling
Maximum Height of Structure 1 •
Dwelling
.r
Non-Dwelling (Exc~pt Buildings Mor:_ Than 400'
From The OHWL) ...,
Water-Oriented Accessory Structure
Setback From OHWL
Setback From Lotline
Maximum Height · .. ,
80,000 Ft.2
200 Ft.
3 Ft.
200 Ft.
'-
1,0 Ft.
50 Ft.
-, . 30 Ft.
20 Ft.
10 Ft.
20 Ft.
· 10 Ft.
35 Ft.
20 Ft.
20 Ft.
90 Ft.
10 Ft.
40,000 Ft.2
150 Ft.
.. ,
100 Ft.·
10 Ft.
50 Ft.
30 Ft.
20 Ft.
10 Ft.
20 Ft.
20,000 Ft.2 ,.-
100 Ft. · .. •
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3 Ft.
75 Ft., ·,·
' . .: .. 10Ft. ~·1 , ' . ''.
50 Ft. · ·,
30 Ft.
20 Ft.
10 Ft.
20 Ft.
10 Ft. 10 Ft. .
,, : t ,, ' ' -
35 Ft. 35 Ft.-
20 Ft. . 20 Ft.
26 Ft. : ' L, ': 20 Ft.
:.,65 Ft , ·· -. 10 Ft.
40 Ft.·
10 Ft. ..
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FOR RIVERS:
Urban &
Lot Size Transition Agriculture Tributary
Lot Area* 60,000 Ft.2 40,000 Ft.2 40,000 Ft.2
Water Frontage and Lot Width 250 Ft.
Structure Height AboJe OHWL
150 Ft. 100 Ft.
Vertical Separation** 1 3 Ft. 3 Ft. 3 Ft.
Structure Setback From
Ordinary High Water LJvel 150 Ft. 100 Ft. 100 Ft.
Lotline***
Single Family Residence 10 Ft. 10 Ft. 10 Ft.
Cluster Development! 50 Ft. 50 Ft.. 50 Ft.
Top Of Bluff I 30 Ft. 30 Ft. 30 Ft.
Public and Private Road Right-Of-Way 20 Ft. 20 Ft. 20 Ft.
Septic Tank 10 Ft. 10 Ft. 10 Ft.
Soil Treatment Area
Dwelling 20 Ft. 20 Ft. 20 Ft.
Non-Dwelling 10 Ft. 10 Ft. 10 Ft.
Maximum Height of Structure
Dwelling . I 35 Ft. 35 Ft. 35 Ft.
Non-Dwelling (Except Buildings More Than 300' 20 Ft. 20 Ft. 20 Ft.
From T~e OHWL) I ·
Water-Oriented Accessory Structure
Setback From OHWL 20 Ft. 20 Ft. 20 Ft.
Setback From Lotline 115 Ft, 65 Ft. 40 Ft.
Maximum Height 10 Ft. 10 Ft. 10 Ft.
* Excluding all public r9ad right-of-ways, wetlands, bluffs or land below the Ordinary
High Water Level of Public Waters.
**For lakes, by placing
1
the lowest floor, including basement, at a level at least 3 ft.
above the highest known water level, or 3 ft. above the Ordinary High Water Level,
whichever is higher. I
For rivers, by placing the lowest floor, including basement, at least 3 ft. above the ' Regional Flood Level, the Ordinary High Water Level or by conducing a technical
evaluation to determine 1effects of proposed construction upon flood stages and flood
flows and to establish thJ flood protection elevation.
Water-oriented accessory structures may have the lowest floor placed lower than the
elevation determined in !this subpart if the structure is constructed of flood-resistant
materials to the elevation, electrical and mechanical equipment is placed above the
Shoreland Management Ordinance
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Page 12
elevation and, if long duration flooding is anticipated, the structure is built to.withstand
ice action and wind-driven waves and debris. · · · --·--·
***Lotline. Setbacks shall not apply to vision obstructing fences which are not greater
than 6 ~. in height. ·• · · . -:.:~,,-, .· , __ '·: 1_
' -·" B. The minimum area 'and 1l6t widths of residential lots without water
frontage, i.e. backlots, must be doubled .. Backlots of no less than 5,000 square ft. may··
be created if they are legally joined to a lakeshore parcel within 200 {eet of the backlot,,
and contain permanent restrictions against residential -construction. . Such
nonresidential backlots must be created by subdivision plat in su·ch a mann'er as· to .
allow for orderly atta~hment to lakeshore parcels and with appropriate -restrictive ·
covenants. The final plat will not be acq~pted unless it identifiE;_s ,the lakeshore parcel-to
which each new lot 'shall be permanently attached. The surface area of 'backlots-'
physically separated from lakeshore lots cannot be included . for purposes of the ·
impervious surface limitation contained in Section IV.8.8. _. _ .. _ . . . ., ~ • ' -' ' ' . 1 • ...i, ; '; ' ' '. • ' · C. Bluff Impact Zones. ~ Structures and accessory facilities, except
stairways and landings,: must not be placed within bluff impact zones. ·• ' -
: -,, D. Stee:p Slopes -Lo.ca),government officials must evaluate possible.s9ih
erosion "impacts and development visibility from public waters before issuing a permit
f. ! • . . . . ' ~ -for construction of sewage treatment systems, roads, driveways, structures or other
improvements on steep slopes. When determined necessary, conditions must be ·
attached to issued' permits to prevent erosion and to preserve existing vegetation. '
screening of structures, vehicles and other facilities as viewed from the surface of public
waters, assuming summer, leaf-on vegetation. ,: .. •.:, · ·.' • a
E. Proximity to unplatted cemeteries and significant historic sites .. No
structure may be pliiced nearer than 50 ft. from the boundary of an. unpl_atted cemetery ,, . ,
protected under Minnesota Statutes, section 307.08, unless necessary'approvaLis•· 1.
obtained form the Minnesota State Archaeologist's Office. No structure may be ,pla~ed .
on a historic site in a manner that affects the values of the site unless adequate
information about the'site has been removed and documented in a public repository. ' '
F. One (1) water-oriented accessory structure per lot will be allowed,·
provided:
1. The structure must be above ground un'iess a Conditional Use .
Permit or a Grade/Fiil Permit is granted. ·: · · -·, · · · -··
,. , ~:: The structure _is· ,1 O ft. or less in height as ,measured from_ the:
lowest adjoining ground, level. ; , . . ,
' · 3. The structure is 260 square ft. or less in area. · · ' ·" · "
4. The maximum width of the structure is 20 ft. as measured
p'arallel to the shoreline. ·' . . . . . ' .. : · -.
5. The structure is set back from the Ordinary High Water Level at ,. . • ' I . . ' • ! ( • -' I.. . -' . ' I' ( '. . . • least 20 ft. ·" . ' · . -. · '. ' . · · . ·' ' .. " . . ' . . . . ' '
· ·' ; ·:: · . 6. The structure mustjcompiy ~ith'the lotline setback requiremenfs,,
' ' .• l I ' . ' as set by Sec .. 111.4.A. -t
. ~ 7 :· The sfructure must riot be u~ed for human' habitation ·or' have'
water' 6( sewer co'nnectioris. . .-' ,. ' ... ' , . 7
. h, • :. . · .. , 8. :· The structure IS treated tc:heduce visibility els' viewed 'from public ,-,
waters and adjacent shoreland by vegetation, topography, increased s~tbacks, color or.
othen:icceptable 'inea·ns, assuming summer leaf-on conditions.. · · · · · • _ .·•,..:'.. ,'• ~IJ·:····,,•,,:_.i,.:.T··, :i".,, ··~. 1: ' -~ ,. .:'1 :,,1:·.1
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9. The roof of the structure may be used as a deck with safety
rails, but must not be e~closed or used as a storage area .
G. Stairways, Lifts and Landings -Stairways and lifts are the preferred
alternative to major topographic alterations for achieving access up and down bluffs
and steep slopes to shore areas. Stairways and lifts must meet the following design
requirements: I ·
1. 1Stairways and lifts must not exceed 4 ft. in width on residential
lots, and 8 ft. in width for commercial properties, public open-space recreational
properties and planned I unit developments. . .
2. Landings for stairways and lifts on residential lots must not
exceed 36 square ft. iH area. Landings no larger than 64 square ft. may be used for
commercial properties, public open-space recreational properties and planned unit
developments.
3. panopies or roofs are not allowed on stairways, lifts or landings.
4. · Stairways, lifts and landings may be either constructed above
the ground on posts orl pilings, or placed into the ground, provided they are designed
and built in a manner that ensures control of soil erosion, and authorized by a required
Conditional Use Permit br a Grade/Fill Permit.
I
5. Stairways, lifts and landings must be located in the most visually
inconspicuous portions bf lots, as viewed from the surface of the public water assuming
summer, leaf-on conditibns, whenever practical.
6. Facilities such as ramps, lifts or mobility paths for physically
handicapped persons .ire also allowed for achieving access to shore areas, provided
that the dimensional and performance standards of subitems.1 to 5 are complied with,
in addition to the requir~ments of Chapter 1341 of the Minnesota Rules.
H. Deck~ -Except as provided in Item G, decks must meet the structure
setback standards. Detks that do not meet setback requirements from public waters I
may be allowed without a variance to be added to structures existing on February 5,
1992, if all of the followi~g criteria and standards are met:
. 1. f-thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing Ordinary High Water
Level setback of the strJcture.
' 2. The deck encroachment toward the Ordinary High Water Level
does not exceed 15% [ of the existing shoreline setback of the structure from the
Ordinary High Water Level or is not closer than 30 ft. to the Ordinary High Water Level,
whichever is more restrittive.
' 3. The deck is constructed primarily of wood and. is not roofed or
screened. I · ·
IV. GENERAL REQUIREMENTS
I 1. Water Supply:
Any public [or private supply of water for domestic purposes must meet or
exceed standards for water quality of the Minnesota Department of Health and the
I Minnesota Pollution Control Agency. ' Private wells must be located, constructed, maintained and sealed in
accordance with or in a lnore thorough manner than the Water Well Construction Code
of the Minnesota DepartA,ent of Health.
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Page 14
., ._ 2" .,Sani;tation Standards: ·-" ,n ,, ;
The sanitation standards for this Ordi,:,ance are set forth .in the Sanitation ,
Co~e qf Otter Tail County, whi_ch. is i_ncorporated herein by reference, an official copy of
which is 9n file for use and examin?tion by _the public in the off)_se of th~ County Auditor ..
Any lot with a dy.,ellir:ig unit. s~all, haye, an apwoved methqc;! .of sewage disppsal. ..
3. Shoreland Alterations: '.
. .-,,:Vegetative_ alteratio,:,s and excavations or grading and filling necessary for
the construction of. structu_res and se~age treatment systems under validly issued ;
permits for these facilities are exempt from the vegetaJive alteration ~tandards in this.,
subpart ?nd separate P,err;ni,t requ_irements tor grading and filling: However, the grading
a[ld filling. conditions of-_this. suppart must be IT1et for issuance of pE!rmits fj:>r structures:
~md sewage treatment syste,ms: Alter13tigns of vegetation an_d topography must prevent-
erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve hi§toric.1
values, prevent bank slumpiQg and pr,otect .fish a11d wj19li(e. habitat~ Wetland acreage
lost as a rt:lsult of a topographical alteration must be replaced ;in accordance with the
P,rO.l(isions of the Wetlaryds C1;mservati9.n Act and wit~in the ,b,oundaries .<;>f the property .
or the minor.watershed _upon whig(l the wetland acreage \'\!as locate\:!. . · , , . ,·
' . ' A. -Removal or alterations of, vegetation, except for _agricultural uses or]
forest -management •as provided for in. subparts 4 and 5, is anowed according to the
f?lloWinQsta.n~ard~:.,, ... ,. -' -· •-·_· --'·.~-~1:.,:--· ,·r:•:,·.; ·.·-·-~r ,:.
1. Intensive vegetation clearing. within the shore an_d pluff impacb .,'t -.·
zo,nes and on steep slopes. is not allowed. . l_ntensive vegetation_ :clearing outside of
these areas.is allowe,d if the activity is consiste.n~ with the fore$t.managem,ent.standard~. i i·
in .Section _IV.5..., . . . . .. , . :. . · ".l · . • : '.I · •,:;
2. · Limited clearing-ofJrees and shrubs and cutting, pruning-and.' :·
trimming of trees to accommodate the placement of stairways and landings, picnic : .
areas, access paths, livestock 'watering ~reas, beach ·and watercraft access areas and, . · ' .
pe,rmi~ed wate;r-oriented accessory structur,es or facilities, as welJ.as providing a, view to.,,
the water from the principal dwelling unit or dw9Uing site, in shore and bluff.· imJJ.ac:t,
zones and.on steep slopes is allowed, ·provided that:-. . · • I ,. • , -• , • -•• , •
,.., , • , .. : . • _a. The screening _of structures, 1vt:lhi~les-or other -facilities a_!!.,
viewed from the water, assuming summer leaf-on cond!tions, is. not, $Ubstantj~lly J
r~dl:J?~~-.:/:.,\·/ ••C,i,·• ,. ._. •'"_1 ,::.-."!·' · ·:;;f'.:1-:·c·:~1.; .. :.1 ... -:-;-
:· ••• : 1, ,,,-. ,.. • ,b .. Along rivers, existing si,ading ofy.,ater surl'aces is prese_rved.1;
r-. _: _-•.• i . c. The ab!)ve provisions ar~,n_ot_app!icable. t!) t~e remoyal of_
trees, limbs or branches that are dead, diseased or pose safl'lty h_azards. c.
.. , . ; ~ -., , .. ,,. . , . 3. U~~ of. fe_rtilizer, herbicides clfld pesticides in the Shoreland
Management District must be done in such a way as to minimize runoff into the shOf!=) .
impact zone or public water by the use of earth, vegetation or both: Use of fertilizer
containing phosphorous is prohibited in the Shoreland Management District, except for
agricultural purposes m_ore than 300.feetfrom the Ordinary High W?ter. Level of a public
' .. • .. .) 'p ' . -. ,. • • • . . ,
water. -1·: 1 l' 1-_ 1: •• , •• ; ~:o , ·•·1 ·,,:: 1 ,,r • :,··.:-1..:<. '. ~
B. No grading, filling or alteration of existing topograp~y;., including_.
retaining walls, shall be performed in. the shore impact zone, bluff impact zone or a
wetland, in any~ amount; or elsewhere in the_ stioreland area if! excess of 20 cupic.yar~s
per year, unless a Conditional Use Pernift or a <;;~ade/Fill :Per!11it has. p~en obtained.~
pursuant to this Ordinance, prior to any earth being moved (the property owner is
legally responsible for all surface water drainage that may occur). All work involving less
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than 20 cubic yards per year shall be performed between April 15th and September 1st
of any year, unless oth~rwise authorized by a Permit.
1. !Before authorizing any grading or filling activity in any type 2, 3,
4, 5, 6, 7 or 8 wetland, the effect of the proposed activity on the following functional
qualities of the wetland must be considered:
a. Sediment and pollutant trapping and retention.
b. Storage of surface runoff to prevent or reduce flood damage.
c. Fish and wildlife habitat.
1
d. Recreational use .
. i9-Shoreline or bank stabilization. if-Noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals or others.
j This evaluation must also include a determination of whether
the wetland alteration being proposed requires permits, reviews, ·or approvals by other
local, state or federal agencies such as a watershed district, the Minnesota Department
of Natural Resources or the United States Army Corps of Engineers.
2. I.A.iterations must be designed and conducted in a manner that ' ensures only the smallest amount of bare ground is exposed for the shortest time
possible. J
3. Mulches or similar materials must be used, where necessary,
for temporary bare sbil coverage, and a permanent vegetation cover must be
established within 10 dJys.
' 4. Diversions, silting basins, terraces and other methods to trap
sediment must be used) where necessary, to prevent erosion.
5. Fill must be stabilized according to accepted engineering
standards. I
6. Fill or excavated material must not be placed in bluff impact
zones. I
7. Fill must not restrict a floodway or destroy the storage capacity
of a flo.od plain. I
8. f',ny alterations at or below the Ordinary High Water Level of
public waters must first be authorized by the Commissioner, under Minnesota Statutes,
Section 103.G.245. I
9. Any alterations of topography must only be allowed if they do
not adversely affect adj~cent or nearby properties.
10. Placement of natural rock rip rap, including associated grading
of the shoreline and pl~cement of a filter blanket, is permitted if the finished slopes
does not exceed 3 ft. horizontal to 1 ft. vertical, the landward extent of the rip rap is
within 10 ft. of the Ordi~ary High Water Level and the height of the rip rap above the
Ordinary High Water-Letel does not exceed 3 ft.
11. ~ublic and private roads, driveways and parking areas must be
designed to take advantage of natural vegetation and topography to achieve maximum
screening from view fro1m public waters. They must be designed and constructed to
minimize and control erbsion to public waters consistent with the field office technical
guides of the local Soil and Water Conservation District or other applicable technical
materials.
a. Roads, driveways and parking areas must meet structure I setbacks and must not: be placed within bluff and shore impact zones, when other
Shoreland Management Ordinance
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rec1sonable and fe_asible plc1c:emer:1t alJernativ_es exist. If, no alte!natjves exist,: they .may'!
be placed within these areas, and must t:>e. de~igned to minimize adverse.impacts; ·1 . • · C
-. . . · . : b. Public an9 private watercraft access.ramps, approach roads
and access related parking areas may be· placed within shore impact zones provided·
the vegetative screening and erosion control c:onditions of this Section are met.
, .. 12. ,The applicant. for a ;Conditional Use _Permit or a Grade/Fill
Perm.it _i_nvolying;gra9ing and filling or any alteration,of-the. natural topography shall be
legally responsible for all surface water runoff problems. that may·.occur in the future.
C. Excavations on shorelands: • )Nhere the . intended purpose is .
connection to a public ~ater shall require ·a permit from the Administrative Officer before
cons~ru~ion is begun, .. Such permit may,be obtained.only after the Commissioner of
Natural Resources has grafited permission fix work in.beds of public water ..
-, . D. Unless otherwise indicated :,by2,the: Conditional Use Permit or a
qrade/Fjll _ Permit, all grading, filling or. alteration of the natural topography,. including··
stabiliza_tion, shall be performed t;>etween April• 1.5th and September 1st. The April 15th
to September 1st corrstruction period shall. not be applicable to-.Conditional Use Permits ,
and·· Grad13/Fill _Permits fc:>r gradir:ig, -filling or .c1lte~ation of the . natural topography
inv~lving finished grade slopes of_le,s~ than 12%: cor_,sistent ·with the ~teep slope
requirements and when appropriate methods for preventing erosion are adhered to .
. :-4._, _Agricultural Use Standards: , · .. r: •· . _., ·,;
, , ~:. c.A: The shore impact_ zqr:)e for_parcels with permitted agricultural land,
uses is equal to a line parallel to and 50 ti. from the Ordinary High_ Water.Level... . ,.·
-. c".I:.· B. , . Gefieral cultivation farming, gra~ing, nurseries, · horticulture, truck (
farming, sod farming and wild-crop harvesting ,are pE)rmitted uses if steep slopes ar:id
shore and bluff impact zones .. are-maintained in permanent vegetation or operated ·
under 'ari approved conservatio·n plan (Resource Management Systems) consistent with :
the field office: technical guides of t(:iEl local• Sqil _and _Water-,Gonserv1:1tion District or the
United States Natural Resource Conservation Service. . : ... , ,
. , C." Animal ·feedlots must-not-be located-in the ,shoreland of rivers or in
bluff impact ·zones and ·must meet~ minimum setback of 300 ft. from the Ordinary High
WaterL~vel of all public wale~ basips,,, • . . . : . '·. .:' ·
. . . D.. Appli~tio~ of fertilizer, herbicides,_pestici_des,_a_nimal wastes·or_oJher
chemicals within shorelands must be done in such a way as to minim_ize irr_,pact on the 3
s~orE! .impact zone_or i?U?li~,water b_Y. •the USE: of earth or vegE'llf:lliqn. ,.
·· 5. Forest Management Standards:.,• .,. -. ·., :·.; 1 .--• · •.
,_, .The harvesting of tim!)er and-associated reforestatior:i .-or conversion of
forested use to a nonforested use must be conducted:,consistent with the following
standards:, . . _ ·.,. . ... ,,·. . _.:, . , ~ .. ·.: ., _, ·. . . ..
. ·· · . ,, . . . . A. , :n1:nber haiy.esting and associatecl reforestatjon, mus~ be, c:cmducted ,
consistent with the provisions of the Minnesota Nonpoint Spurc:e Pollution ASSE!SS[llent :,
Forestry and the prOl(iSiOr]S of;Water Quality in Forest, Management "!;lest Management
Practices.in Minnesota":·, -... , · . . , . · . .-,, .-,, · , •. ·
. B. · For.est land · conver~ion to another ~,use.>eci:uires iss_uaric:e of a.-
Conditional Use Permit and adherence to.the following standards:, ... • . , , " . ·
" . : . . . ' '.<; • ·.\ -: Sho,re and)luff ir,pact zon'es must not be. i~terisively c:ie,clrE!d of C
vegetation. ·
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2. An erosion and sediment control plan is developed and
' approved by the local Soil and Water Conservation District before issuance of a
Conditional Use Permit
1
1for the conversion. · ·
C. Use of fertilizer, herbicides, pesticides or animal wastes within
shorelands must be done in such a way as to minimize runoff into the shore impact
zone or public water bylthe use of earth or vegetation. · ·
6. Extractive Use Standards: ·
Processing machinery, such as crushers, conveyors and • related
structures, must -be located consistent with the setback standards for structures from
ordinary high water levJls of public waters and from bluffs. ·
An extractive use site development and restoration plan must be ' developed, approved by the local government and followed over the course of ' operation of the site. The plan must address dust, noise, possible pollutant discharges,
hours and duration of o1peration and anticipated vegetation and topographic alterations.
It must also identity· actions to be taken during operation to mitigate adverse
environmental impacts, particularly erosion, and must clearly explain how the site will
be rehabilitated after extractive activities end.
7. Standard~ For Commercial Industrial, Public And Semipublic Uses:
Surface Water-oriented commercial uses and industrial, public or
semipublic uses with sihlilar needs to have access to and use of public waters may be
located on parcels or lbts with frontage on public waters. Uses without water-oriented
needs must be located! on lots or parcels without public waters frontage, or, if located
on lots or parcels with public waters frontage, must either .be set back double the ' no.rmal Ordinary High "}'ater Level setback or be substantially screened from view from
the water by vegetation or topography, assuming summer leaf-on conditions. Those
with water-oriented needs must meet the following standards: ' A. In addition to meeting impervious coverage limits, setbacks and other
zoning standards presehted elsewhere in this Ordinance, the uses must be designed to
incorporate topographid and vegetative screening of parking areas and structures.
· . B. Use~ that require short-term watercraft· mooring for patrons must
centralize these facilitiek and design them to avoid obstructions of navigation and to be
the minimum size nece~sary to meet the need. ·
C. Use~ that depend on patrons arriving by watercraft may use signs
and lighting to convey ~eeded information to the public, subject to the following general
standards: I
1. No advertising sign or supporting facilities for signs may be
placed in or upon publi? waters. Signs conveying information or safety messages may
be placed in or on public waters by a public authority or under a permit issued by the
County Sheriff. I · .
· 2. Signs may be placed, when necessary, within the sho"re impact
zone if they are design1ed and sized to be the minimum necessary to convey needed I information. They must only convey the location and name of the establishment and
the general types of gbods or services available. The signs must not contain other
detailed information sudh as product brands and prices, and must not be higher than 10 ' ft. in height. If illuminated by artificial lights, the lights must be shielded or directed to
prevent illumination out ~across public waters.
3. pther outside lighting may be located within the shore impact
zone or over public waters if it is used primarily to illuminate potential safety hazards
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an~_ is _shielded, or: ,otherwise _dire.cted::to. ·pr~v~nt;direct illumination out across public
\('/8t~fS,:,,"''!, ·c· .. : t~,.·:·~·~ •~ri i:1._. T:G:Jr·,, .:.')..-;.\<) ·,:.:t:.\•' ('. .... :i:,~ ~t,*:~ ,_;\i >9V,..~··~ :;;
8. Stormwater Management: •· ~·: .. i•·.-,,, ,· ·:, ·r. , :·, ~. ;: .. ; .. ,,,1· .:.:-,'J
r r:. , i: ,:, ~oc;:a,I gqvernm.~nts,must copsider,:proper. stormwater management in all
r~viev.:s,,i:!pprovals~n.d permit i~~ll~f]ce u.r,,der shoreland management controls:adopted
under Minnesota Rules 612O.25OO,)o. 6.120.3900tc ,J..he; following_ general.and .l>pecific ·
standards must be incorporated into local govern merit .shoreland. management controls
ari~,.theiradminil>.trat_ion,:;, ·,;·,;, .. ~ 2,8 r:, -"· :•· ., :-·,:,,.·.1 ''! ,,,::i ·. 1
r. _, .::.:: . ,; -A., icTIJ.!:l. followiog;;ire ge._nE!ral sta_ndards, ., ,.;;_: ;:,. . ':.::,,\ ·-:,: . . : _,: s • ,
1 .. When P9.~s!ble:• e~i~ting ,natu[alj.d~ainageways·, wetlands and :
vegetateq soil l Sl,\rfl;l,ces mHst _be u.~ed:it?.: comteY.,., store,. filter, arid · retain stormwater
runoff ~~fore. disc~wge:to public YJ.ater!l. ~, .·,·:·,,; ':. ; .~,._ , • , .1 : .", · '.~7' ,ti'q:, .. , .. ·
, • -,,.,: : '1;, t! ::'t· '.h, .,Deve_lq~m_ent,must,Qe:plan.ned and conducted in a manner that.
will mi11imize t,he, extent: o.f <;listwbecj ,ace.ai;, ,runqff velocities, erqsion •potential ;and .
reduce <!11~, delay rU[lOff volumes. -:J?il>.tt,JXbeq areas mllst be .stal).ili:z;eihal')d protected as·
SO!)n ,a~ possible ar,,~l}~cilitjes _or:meth_9ds .used J~Hetain,,sediment·on,the site .. ,: :•·: .
3. When development dens_ity, topographi_c;features,-ar,d ,sqil,and(
vegetatiOI) conditions. are no.t,sufficient to, adequate.ly h;mdle stormwater:•runoff using
n_atural . featu_re~; f:!nd, VE/getati<Jn, v_1;1_rious: Jyp~s ::-qf . constructed_ facilities such as
diyer\>/om~.,s.~~lil')g: b~si.n~,"~kill).!Tling. devices,. qikes,. ,waterways,and • ponds·, may; ,be·
u_s_ed.. preforen9.e .. ml!!!t be; give£! t\) ge~igns .using, S!Jrfi:!Ce ,;drainage;' vege~atioo _and ,
ir,~ltraUon rat_her t~a11 burieg,pipE!l~•-~rJd ,:nan-l'T_ll:!d~ material!l,and f13cilities .. , ... ~', ·.' •
.. • :9 .. · , The fo!loV!ir:ig ar\:!,!>P.ec:ific_ star:ida~d,s: .. , • •, ,-;' . , :· , ·, ,--:, ·.r; , · .· --J
1 ,'. , :: . · L" 1. •,!.mP,e.r"'.!ou_\>. surfacl;!,coyer1:1ge of, l_o,ts. mu!lt .not el'ce~d.-25% 0f :
t~e,.lptar~~·,.:,, 1;:·•r~ ~-·r. ... ~1 ·::;r:.~ 11_._ ;:· ,--;~1: "."';,·.,. , __ -... ~:'-..i:----. , f • • ·, ·:·1., :->·;,
2. Wh~!].:,,:~OQ..s!fu.cteq .. :~acilities , qr~ , ,U~§!g: 1,for, . sto_rmY'ater
mar;i,age,ment,. ~thef ,:nust · be ,d~signeg:i13nd,: iri!ltalled, cons.istent: wjth th.e field office
tl:c:hnicalguide~of0t~E! lpcal,~<Jil a,n~d ~at~f .Cqns,E/rya!iqn Districts. •. . :, : . , , ,;:r . :
• •.. . 1;, '. 3 .. NeYi fOnstructec:I ;st~rrpwater. qutf~lls-to· pu_blic _waters• must,·
proyi,de for ~lterin,g, or ~e~Jing, of_ suspeng_ed !!C!l[ds . 131jld s~imming I of surface debris
b~fO[e -~i~cttr~~~~-;,-f ·.::; :.,,·~•: '._ '-1.r_:1~#. ,#, !° ir~r .. -J;-·r' .~.~.t"· ! >~ · :_. ,··:!~ ~~ !::;:·, ~.' ~=·<i.:•:r :_':
9. Mining Of Metallic Mineral!J ._And Pe.it,, A.s Qefii:i~~ _By, Min_n~sota-
Statute.s,,Sect!!''l~ 9.t".'~ to 93.51: , ,-; • : .. r," :u ;< , . ;' ' .
: .. _ ·'. , , : M_i~jng_ f?f metapic: m,ii:i~n:1_[~ ar;id Pl?at may Q.~ a perrn!tte.d. use proyided:the _
prov1s1ons of Minnesota Statutes, Sections 93.44 to 93.51, are satisfied. ,.:;;-. ._:_;1 1-,_
. , .10. , .. Subdivision Provisions: ... , ,..,,,,, •',·i• · , :, 1 .::. L ,., ··"'.:•·., ,I,-.•• ,. -~ ,:·.·-:~ _, ..... ~. ". ~ . • , .,. : ,f,,, ,La.nd.;:,u1tab.1!\ty;r•'•,; ,-•';.:,,::,· . ·-: ... L'. · •. · __ , ·, ,_,, 1 '.'1 ::: '9'2:C-
' _, .. : J.•i': , • 1:Ei:!ch lot,cr~~ted1t~roug_h 1s.ubcHv_lsion._must.be.suitabJe in-its,natural.
state for the proposed use with minimal alteration. Suitability analysis by th.e:.local unit:·
of gove,rl)rn.ent .s~aH c;:i:mside,r sus,~epti~!lity to floo?[ng, e11ister;i,ce of .. wetlands,_ soil and
rock formation::i_yi~h sever.e limitations,;for .dev~!?~fll\:;nt,. sElyere er9,sion potential, ~~eep ..
topci'graphy, inadequate, water .~UJ:lply ,or, sewag~. treatment,~cap?~ilitie~. nea_r~s~0re ~,
aquatic, ,\:on,di!iO.~.\>,. uns"uitabl~ f<3r,1 y,,at~rab~.s~~-re_c;reati<:m., , irT)pe>_!iant ~i?h, ·. ?nd:,V:,,ildlif§!
habitat, presence, of_ sign_!ficaptr;h,is!q,r,i~. sit~s.pr, any, other f~atu.r.e1 <Jf! the,-l')atwal l~nd
li~ely to be harmful t9 .~he .he.c.11~1:1. ~afety}?r ~~]fare ,of,future,restd.~nts,.of the_Jxopos~d .
subdivision or of the community. ·· ,,,<.;;;. •:c • • .; ,:, ,l,•!1 1r, _·,f
, .. .,_1,, ,,:·,•,B._,. Plattipg: }: ,;, ,2. 1 · ••::"
, .. , .:1 ' ., ' j
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All subdivisions with lots or parcels that are less than 5 acres in size
must be platted in accdrdance with Minnesota Statutes 505 .
C. Con~istency With Other Controls: ' Subdivisions must conform to all other requirements of the ' ' Subdivision Controls 0rdinance of Otter Tail County. Subdivisions must not be
approved that are designed so variances from one or more standatds in official controls
would be needed to use the lots for their intended purpose. In areas not served by
publicly owned sewer ~nd water systems, subdivisions must not be approved unless
domestic water supply\ is available and soil absorption sewage treatment can be
provided for every lot. f lot shall meet the minimum lot size in Section 111.4.A, including
at least a minimum contiguous lawn area, that is free of limiting factors (location and
type of water supply, ~oil type, depth to ground water or impervious layer, slope,
flooding potential and other limiting factors), sufficient for the con_struction of 2 standard
soil treatment systems.\ Lots that would require use of holding tanks must not be
approved.
D. Presentation Requirements: ' 1. ~reliminary Plat prepared by Minnesota Registered Land
Surveyor, Civil Engineer or Architect:
2. Identification and Description:
al. Proposed name of subdivision.
bl Location by section, town, range or by other identifying
description including tow~l ship name, lake name and number.
c. Names and addresses of owner or owners .
d.1 Graphic scale: 1 inch = 100 ft., if possible, but not smaller
than 1 inch = 200 ft.
e. _ North Point.
f. Date of preparation.
3. Existing conditions in tract and in surrounding area to a distance
of 300 ft.: . a. Boundary line of proposed subdivision, clearly outlined and
dimensioned.
b. Total acreage and total water frontage.
c. Total number and location of dwelling units.
d. Platted streets, right-of-way and utility easements.
e. Boundary lines and ownership of adjoining land.
f. Sewers, water mains, culverts or other underground
facilities.
g. Permanent buildings and structures.
aquatic).
h. \ummary of soil and vegetation types (terrestrial and
i. Lakes, water courses and marsh areas and such other ' information as location of\ the Ordinary High Water Level or highest known water
elevation and contours at vertical intervals of not more than 10 ft. or 5 ft. in bluff impact
zones and on steep slopel All elevation data shall be mean-sea level or some other
assumed workable datum. \
j. Wetlands, delineated in accordance with the Minnesota
Wetland Conservation Act. \
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Page 22
· i. ,.-,:, -.. , . , .. Shoreland Tier Dimensions. •,. ".:'
. ·. ,; ' ,"C.' Unsewered:: '. ,,
General Development Lakes -First Tier•,,,, , , , . , •. . . . 200 Ft.:
General Development Lakes O Second & Additional Tiers 267 Ft. ,
,Recreational Development Lakes . :i ·. _, ·; 267. Ft.. . --:_, -;, :, ,, · , ·
Natural ErivironmEl~t Lakes : • . ~· .1: ~-• .. • .... , 0 , , 400 Ft. . . . .. , :;, _..
All River Class.es · . . 300 Ft. . , . , .. , , ...
,:· · .· ,' .,. . '. ' · ·. ':3. . T~e.are,a within e.;ich tier is.next calculated,: excl(!ding
all public road right-of-ways, wetlands; ~luffs ~r land b.elow the O~din~ry High Wc:iter·
Level of public waters. . . · ' ·.. . . , . . ' .. • ...
, I ' !. ' . '1; .-' . , , ' i" I ' ( ~ ', ,. •-•• ~. ~.•., , : ) \· . ~ •. •. . ,,-; ..
. . _ . .. . , 4. ,The· area withir;i , ea9h t,i,f/r. _i~ divided, by the single.
residential lot size_ standard tor the, app~bpriate classification ~of lakes _or rivers to yield a
base d~n~ity qf di/yelling units or site~ for ,each tier; .· . · ··. _' . . · ·.: , .. -. . . , .,
• , . • ! I• _' , ... 1, [ • . , , , ~ 1•"7, I , , ,_ , , 1 . . . · ·. · ~ '. . : ,5. The b~se.density is then multiptied by the appropriate,
multiplier in order to determine the maximum allowable density increase per tier: . . .
.' ·:. ·:.: :: Maximum Allowable Dwelling Unit or Site Densitylncrease, .
, 1 •• , ,•: , Dens~is~valu~~ion Tier~ , M~~t~li~r,. .. · ,.
' ,, Second 1:s··:: -.A ' • ' r· Third ·. ' : . ·-.. ·2.0 . ' '
.. '
Fourth '· · · .-.'. · 2.0 .__. ' Fifth . ,r. . ·· _.. 1 : • 2,0 ·
· !Dwelling units or dwelling 'sites inusfbe clustered into one
or more groups and located ·on suitable areas of the development. They must be
designed ,and located to meet of exceed.the ·to11owing dimensional standards for the
relevant shoreland classification: setback from the Ordinary High· Water Level,
elevation above the surface water features and maximum height. Setbacks from the
Ordinary High Water Level must be increased for developments ·with density increases;
Maximum· density increases : may only be· allowed if structure. setbacks from the
Ordinary High Water Level are increased to at least 50% greater than the minimum
setbaok, · or, the inipact on· the waterbody· is reduced an•, equivalent amount through
vegetative management, topography or additional means acceptable to -the ,Local
Government Unit and the_ setback is at least 25% greatertnan the minimum setback.
-~ b: · ·50 ft.'Buffer·Zone. , .j._:, · .::
:,1:, . c. • Road· widths shall comply' with,'the' most current Otter Tail
County road standards., i.,., '•-· • · · -· · .,._, -.. , ' · .. : . ·, ;·_ • -
.. , ,. ., d. , 'Setback Requirements, see 111:4.'.A.
e. There shall be a centralized sewage system which meets
the standards, criteria, rules orregulations:ofthe Otter.Tail County Sanitation Code, the
Minnesota Dep~rtmentof Health and the Minnesota Pollution Control Agency.
f. Shore recreation facilities, including but not limited to··
swimming· areas; docks and .watercraft mooring. areas rand launching ramps must be
centralized· and' located in areas ·suitable for them .. Evaluation of suitability·must include 1
consideration .of.land slope, water depth, vegetation, soils, depth to grouni:rwater and ·
bedrock· ·or other relevant factors. '·The. number of, spaces -provided for continuous
beaching, mooring or docking of watercraft must not exceed .one for each· allowable ·
dwelling unit or site: in the first-tier. Launching •ramp facilities, including a small dock for
loading and unloading equipment, may be provided for use by occupants -of'.dwelling . ·
units or sites located in other tiers.
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g. Structures, parking areas and other facilities must be
treated to reduce visibi'lity as viewed from public waters and adjacent shorelands by
vegetation, topography,\ increased setbacks, color or other means acceptable to the
Local Unit of Governmeht, assuming summer leaf-on conditions. ' h. Any attached conditions such as limits on overall density,
minimum size of the cl~ster development, restriction to residential uses or minimum
length of water frontage \may be demanded.
i. 2 off street parking spaces shall be provided for each
. dwelling unit. \ • · ·
j. At least 50% of the property must be; and remain, open
space. Cluster develo~ments must also conform with the storm water management
' provisions in Section IV.8 ..
\ 1. Dwelling units or sites, road right-of-ways or land
covered by road surfaces, parking areas or structures, except water oriented accessory
structures or facilities, are developed areas and should not be included in the
computation of minimum open space.
2. Open space must include areas with physical
characteristics unsuitable for development in their natural state, and areas containing
significant historic sites o~ unplatted cemeteries.
·\ 3. Open space may include outdoor recreational
facilities for use by owners of the dwelling units or sites or the public. ·
\ 4. The shore impact zone, based on normal structure
setbacks, must be included. as open space. At least 50% of the shore impact zone area
of. existing development~ or at. least 70% of the shore impact zone area of new
developments must be preserved in their natural or existing state. .
\ 5. Open space must not include commercial facilities or
uses, but may contain water-oriented accessory structures or facilities.
\ 6. The appearance of open space areas, including
topography, vegetation and allowable uses, must be preserved by use of restrictive
deed covenants, perman~nt easements, public dedication and acceptance or other
equally effective and pernianent means.
\ 7. Open space may include subsurface sewage
treatment systems if the use of the space is restricted to avoid adverse impacts on the
systems.
8. Vegetation and topographic alterations, other than
routine maintenance in those areas not preserved in their natural or existing state, must
be prohibited within the op~n space.
\ 9. Construction of additional buildings or storage of
vehicles and other materials must be prohibited within open space.
k. I RCUs in a cluster must be currently licensed and no
appurtenant structures are allowed, with the exception of an unenclosed deck no larger
than 200 square ft. in area and/or a storage structure no larger than 20 square ft. in
area and 6 ft. in height fot each permitted RCU, provided all other provisions of this
Ordinance are met. \
D. Conversions:
Existing reso~s or other land uses and facilities may be converted to
alternate forms of cluster developments if all of the following standards are met:
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Page 24
_ • . 1 .. Proposed _conversions must be .initially evaluated using the
same proce_dures and standards presented in this part for developments involving all·
r}_ew construction.· Inconsistencies betweei:, existing features of the-·development and.
these standards must be idi:mtified. , .. ,. , , . . , . .. ', ; , ·, 1 • •
,.,· · .,·· ,-) 2. · Deficiencies involving. water· supply and sewage treatment,
structure-color, impervious coverage, open space.and shore recreation facilities must
be corrected as part of the conversion or as specified in the ~onditional use permit. . .
,. • · , .• _ . 3. Shore and bluff impact zone deficiencies .must be evaluated and
reasonable improvements made as part of the conversion. These improvement~ must.,
include, where applicaple, the-following: ·
, ., . . ~--',: Removal of. extraneous_ building, docks or other "facilities_·
that no longer need to be located in shore or bluff impact zones. . ;-• .. , _ . . .
1 -• b.-. Remedial measures to correct erosi_on sites and improve
vegetativEl cover an~ screening o_f buildings and other'Jacilities• as viewed from• the
w~ter:.i l '.1 r Jl... .-. --· j_-.: . ,:.. l '... '[
c. If existing dwelling units are located1 in;shore or bluff impact
zones; conditions are attached to. approvals of-conversions that preclude exterior
expansions in any dimension o_r·:substantial alterations. The conditions must:also
provide for future relocation of dwelling units, where. feasible, to other. :locations,
meeti_ng all setback:and elevation requirements when-they.are rebuilt or replaced.
4 ... Existing -dwelling unit or· dwelling site . densi,ies, that exceed ,
standards ·in . this_ part may ~e ·allowed· to .continue but must not be allowed to be
inc_reased, either at the time of conv~rsi9n or in the future. _Efforts must.be made during
the coriversio_n to limit impacts of high· densities by requiring seasonal. use, i~proving
vegetative screening, centralizing shore recreation facilities, ·.installing .new sewage.
tr~atment systems or other means .. · _ .,: . , •·
12. Non-Confor,:ning Uses: ":1· .:•... 1 .. ~~ ... , . ,,;1· ! ... : 1
. A. A-non-conforming use is-_any continuous use of land established
before the effectiye_date of a County or local Ordinance which does not conform to the
u~e r_es~rictions of,-_a particular zoning district. This_s_t:,ould not b~ .confused with
substandard dimensions of a conforming use. , .. , .
" .. B. Otter Tail C_ounty, has implemented and will continue an active
identi~cation and abatemei:,t program for all non-conforming • _and failing: sewage
treatment systems. Sewage treatment systems not in compliance with the Sanitation_
Gode of Otter Tail County:shall be. eliminated within _the·tirne specified in any Abatement
Notice issued by the Administrative Officer. : , : ·, 1 • , • . . -,. · .. c .. · · .
. ' . ·-. If the notification of non-coriform~nce, is ri_ot complied 0with; the:
Administrative Officer or County Board may_ ins_titute appropriate actions or proceedings
to prevent, restrain, correct or abate such non°conforrning. use, and it shall be the duty·
of the CquntyAnorney to institute such action,:: ~ . ,, ·, '" ·,
" . . q_ .• ,~ prohibited non-conforming. us.e mc!Y not qe, expanded or improv~d .
. , ... D: --No repair or replacement of any non-conforming:building or structure
is pen:i:,itted if,the cost·of repair or replacement e>Cce~ds ,5Q percent of the macket value _
of the building or structure. " . •:· :·. :_,
E. If any non-conformity or occupancy is ,c:/isco11tim,1e.d for a period of
more than.one ye.ar,,any .su_bs_equent-use or occupancy of the .la_nd or. p_ren:iises shall be
a conforming use,_or occ:upanc:y.. . , ·, ,_ -,, :, . . -.1, -~-:
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Shoreland Management Ordinance
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Page 25
A. The following uses, being essential for the operation of any zoning I
use district, are exempt from all the provisions of this Ordinance and are permitted in
any district: poles, tow~rs, telephone booths, wires, cables, conduits, vaults, pipelines,
laterals or any other ~imilar distributing equipment of a public utility; and provided
further that hedges or ~hrubbery may be erected, placed, maintained or grown except
as they may constitute ~ safety hazard.
I B. A structure may be erected on a lot of less than the established I minimum area and width, provided the lot existed by virtue of a-recorded plat or deed I
before October 15, 197\1, or a lot existing by virtue of a recorded plat or deed before
October 15, 1971 has been increased in area by a conveyance subsequent to October
I 15, 1971, provided a Site Permit for the structure is obtained, all sanitary requirements
are complied with and !the proposed use is permitted within the district. However,
effective February 5, 1992, if in a group of two or more contiguous lots under the same
ownership, any individu~I lot does not meet the established minimum area or width, the
lot may not be considerJd a separate parcel of land for the purposes of conveyance or
development. The lot lnust be combined with one or more contiguous lots so they
I equal one or more parcels of land and each parcel must meet, or more closely
approach, the establish~d minimum lot size requirements of this Ordinance. This
restriction shall not apply1 to the following circumstances:
1. Where each contiguous substandard lot is an improved lot, as
defined herein. \ .
2. "'fhere each contiguous substandard lot is in substantial
compliance with the estaplished lot width requirement, as evidenced by a lake frontage
and building line width of at least 75% of the Ordinance minimum, and all other area
requirements are met. \
3. Where a lot, or a portion of a lot, is to be conveyed to the owner
of a contiguous lot for the purpose of increasing lot size, and no residual lot is left
unattended. The deed rhust contain restrictive covenants requiring legal joinder to a
contig1,1ous parcel and a permanent prohibition against separate residential
development.
C. A Site Permit is not required for the following structures provided all
other requirements of this\Ordinance are met:
1: Satellite Dishes (in excess of 1 meter in diameter).
2. Vi~ion Obstructing Fences. I 3. Decks (except for W.O.A.S.).
4. cJrrently Licensed Fish Houses of less than 120 square feet
and less than 10 feet in hJight.
5. cJrrently Licensed Recreational Camping Units located at a
currently Licensed Resort.\ ·
6. One storage structure per permitted dwelling site, no larger than
20 square ft. in area and 6 ft. in height (except for W.O.A.S.).
V. ADMINISTRATION
1. Site Permits: ' A. A Site Piermit shall be obtained prior to erecting or installing a new
structure or altering any structure or part thereof. Alterations include projects which
make structural changes, ?lier outside dimensions of a structure or the cost of which
exceeds 50 percent of the market value of the structure. A Site Permit shall also be
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Shoreland Management Ordinance
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Page 26
obtained prior to moving a structure. The applicant, for a S_ite Permit,, shall. .file an
application whiqQ shall include a ~c~IE:l,;dr~wing 9f t~e proposal in the office of the
~dmi~istrative Officer, and pay a fe,e, as· determined: in the, Fee SchE?dule._ ·:The,
Ad_mi~istrative Office~ ·may requir~ an on.site inspection prior to issuing s1,1,ch a permit.
The _applic::ant shaH n()tify the Administratil,:e Officer once the. building .footings· have ·
beei:i:constructe_d for an in_sp,ection.,,P_rior to \he~e inspections,. tl}e applicaot shall stake ..
out all lot lines and road right-of-ways. . 'J . · . , .. •. · ,.,_, : • -: , •
: -B. Before a Site permit is iss_ued the terms of.this Ordinance shall be
meL T,h_is shall. il"!clude bringing any n_on-conformiDg sewage, system located upon
property for which;the ~ite Permit is sought, up to Ordinance. specifications prior to.the·
issuance ~f the ,Site, Permit,. A lot _shall contain only 1 d_welling. , . ;, :· ,. · -.. , , ·
. . . C .. · A recreatioral camping unit.Jar clvyelling purposes, m11y be_place.d on, a lot, without a: _.Site .Permit ,on· a ten:1porary. basis not to exceecl 2? days per year,
however, all_ setbac~s shall_ be compiled with-,.and no,· ~ewer: '!'later,_ or elec~rjc,_al
connect!ons sh~II ~e allow~d, . , , .. •~t: . ,:, , •: ., ' ,·: ··: .
. ... 2. . Administrative Officer: , · , , . : . . ,,· -. -.. -. . . , .. ,
,, .· The 'Board .a( <;;aunty .c~mmi~sioners ·. hereby~' d~l;gate~: to~ithe
Admi_nistr9tiy,Ejl O_ffic,er the duti~s ,anq re~P,~nsibilities as,follows: . : :. , , •~ ~ ~ ,
. . . , . ,A. : lssu_e Site permits ,and insJ:)ect1 building, loc~ticm follovvirig n9tificati1m
by applicant. , ... ,,_ ·, ·' · -.
_ . , B .. · .Administer the terms of this Orc;linance s_ubject to any required·
approval of the Planning Commission. . ' ·: : (
C. . Keep necessary records. , · .. ,
., ' D. . May ,issue uGrade a,nd Fill f:'ermits~; fpr grading and filling projectspf:
not more than 300 cubic yards, for conservation projects approved by a-Soil and Water .
Conservation" District: ·or to road authorities for projects within existing road:right-of~ ..
ways. The.Administrative Officer may require an orisite, inspection prior to issuing such
a Permit. Within'3 days, of completion,. the applicant for a Grade/Fill Permit must-notify, . I _ _ . , • • , . , -.
the Administrative Officer that the project is ready for inspection. _· •: . -·, · . • · 1-1 ~ ' ·. · · ·. · E. Issue Site. Permits for ·structures with less thaJl the. Ordinary High:
Water Level setback under the following conditions: , . ' . . , , ., ,._
. . , , 1. The proposed structure will be on_ a lot-that existed by virtue of a
recorded plat or ci~ed before October 15, 1971. . ._·, .. I . ' . '
, 2 ... A .structure(s) exists, on immediately ,adjoining lots which does
not meet the Ordinary High Water Level setbacks. .·· . ,
3. The proposed structure is not located in.~ Shore Impact Zone or
a Bluff Impact Zone ... , .. · ._ .. : . ; __ .. ·. ,· , . ,
· · · . · · 4. The structure setback shall be established by using the closest . . .. . . ... "'·
points . of existing structures of like use to the prop9sed structures on the two
' '• ' • ! .._ I '. , • ,'• • -• immediately adjoining lots. In the event there is no structure of. l_i~e use _on one of, t~e
adjoining _lots, a point on the building.line at the nearest lotline _setback shall be used.
1 •"."'•'•' -•,,..;,11..t-• ... • ... .,., •
• , -\ .• I il .. : . -, .. ) I 1 .. , . ..,. , ,
3. Conditional Use Permits (see Sections· Ill and IV): . · ..
Any proposed conditional use shall be presented to· 'the· Planning
Commission for the determination of its, applicability to the Shoreland Management
• • ' J 1.· :, ,, ' . . -' ' • • • • •• ·-• ' ' District wherein proposed. ,.In support of such determin~tion applicability, the Pl_anning
Commission may' require ,prelimiria!Y 'scafe drawings ,or sketches of' all buildings or''
groups of .buildings stiowlng the front, side and. rear elevations of the -proposed •
' . ' ~ '. ! ' ., '' .. . ' ~ : . • • • '~ '
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buildings, structures or other improvements and the proposed location of such buildings
on the lot as the same ~hall appear after the work has been completed. Such drawings
shall be considered by the Planning Commission in an endeavor to ascertain that such
buildings, structures and other improvements shall be so designed and constructed that
they will not be of unsightly, undesirable or obnoxious appearance to the extent that
they will hinder the ord~rly and harmonious development of the County and the zoning
district wherein located. The Planning Commission may impose conditions when
granting Conditional Us~ Permits that specify: increased setbacks from public waters;
vegetation allowed to be removed or required to be established; sewage treatment
system location, desig~ or use; location, design and use requirements for watercraft
launching or docking a(id for vehicular parking; structure or other facility design, use
and location; phasing of1construction and other conditions considered necessary.
A. The applicant for a Conditional Use Permit shall file his Application
along with an original ~cale drawing(s) and 10 copies (if Applicant provides a color
coded original scale drawing, it is the Applicant's responsibility to color code all copies) ' in the office of the Administrative Officer not less than 21 days prior to the next
scheduled meeting of th~ Planning Commission and pay a fee as determined in the Fee
Schedule when the application is filed. In addition, the applicant must provide his (or
next closest) E-911 Ad&ess when available. In the absence of such number, detailed
directions to the property must be provided with the application.
B. When\ administrative staff and Planning Commission members may
not be able to view the p,roperty for which a Conditional Use Permit is requested, due to
snow cover, it may not be possible to meet the legal requirement to take final action
' within 60 days of receipt of a completed Application. Therefore, an Applicant shall be
required, as part of cohipleting the application process in the months of October ' through March, to indicate by written acknowledgment whether the Applicant is willing
to waive the 60 day tim~ limit and allow time for the Planning Commission to view the
property, if necessary. \ The acknowledgment shall inform the Applicant that the
absence of a waiver of the 60 day requirement may leave the Planning Commission no
alterm:1tive but to deny\ the Application. Circumstances may require the Planning
Commission to cancel it~ regular meeting in one or more of the months of January
through April. If meetings are canceled, no Application for a Conditional Use
PermiUPreliminary Plat Will be accepted as final until 21 days prior to the next
scheduled meeting of the\ Planning Commission.
C. Within ;3 days of making an application for a Conditional Use Permit,
the applicant shall stake the lot lines, road right-of-ways and area under consideration
in such a way as to demohstrate the area to be topographically altered or the location of
a proposed structure and post his name and address in a clearly visible location on the
property.
D. The Administrative Officer shall refer the Application to the Planning
Commission. (See Sectidn V.7, Notification Procedures.)
E. The Pl~nning Commission shall consider the Application at its next
regular meeting at which 1time is available, following compliance with the provisions of
notice above specified. \ · · ·
F. If an E,f-W, EIS or any other study such as a soil test, drainage or
erosion control plan is required for any proposed Conditional Use Application, the
applicant shall assume I all costs associated with the preparation, review and
presentation of the document.
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Page 28
. , .. v .. ::, G.,, ,The applicanto_r his repre5.entative shal! appea~ b~fo_re the planning.
~ommission ':',nd answe~. a~y questi~ns . c;oncerning ther pr9p_osed Conditional-Use
Application.,···,-· .. , , ._,,. . . , -, . , ... ,, ,,·· -.-1 ,. . .-: . . . . , '1{ . Otter Tail ·county; reserves the· right-tc," require perf;rma~ce bonds
I , . ~· ' • .-. .• 1 -• • • • • • • • • • • · • • I •• · · ' • · • · · • '-·
and 7sta~lish, the amount of a. l:>o,ncl fqr any one or,all. ~ondition.a!, Lis~ Appli_cation
appro:vals. ~II b?nds shall be payable to Otter Tail County and _shall 1:>e. filed with the.
County Auditor prior to County Board approval of the Conditional Use Permit. .. .
. ',. : • I. I The Planning Co~mission shall consider a Conditional, Use Permit.if I -• ,• ' ', • • •• • .. ,, • •• • • •
th~ .proposed change is •found to be consistent-with the general purposes of this , ' .,. . . ' -.., . ·,' -. , . -. -. . . .
Ordinance and the intent of this and all other applicable state and local regulations and .. '' •. -, • I , ' -, -• • • . . . -' , •. laws. .The Planning C~mmi~sion shall first consider .whet~er the area, surrounding the
proposecl siteJs compatibl~ .i,yith the inte,ndecl -w:ie; taking_. ir:ito con~ide_ra_ti9n :the ;
fol!owi~9.:. , ~,; . . ... ·: , . _ _ .. J • . •• • .,
• ,, _ 1 , • ,, ·, 1. Compatibility with the surrounding area; both on land and water.
.,, . 2.· . Environmental impact, in'cluding-site evaluations based on soils,
top'ography,ind v~getation.-: ' :.. ·: ... ,I' ' • ' , \ • ' ,• ,: ,:, . -•
_ •• ~ 1;; , 3. Any hazards that may b~, created; both on· land and-water. -J;,-
,4. Density and location of development. . . . . .
. :,:, ,, ·_5. Suitability of the area.for the proposed use. · · c . . . . . . , ·
If the use "is found. to be, compatible with the ar!'la, ~he ,Planning· .. conimissi9_n ~f:lall .
review the specific requirements ofthis Ordinance and consider the following factors: , , , , _ , I ,. , t -. ·. ·, , , • , • · , .,_ -, • , , , .,
,: . 6. Adequate parking and traffic control. . .
" . 7 .. .'Amount of noise generated. ., ·,. :·., . ~ > : : a·. Hours of proposed use. . . .. , _, , . ,
., , ,, ·\•.• ,,.-:•.,•, ' 9. 'Lighting. . , , ,·, . , · ... ,I , 1 . •. , ', ,
' ! ' . ~ • ' • ! . J '. • ' ' ·-'.. • . ' ! 10. Adequatelotsizeforthe'proposed use. -., ·:-1.,;·
'. ,. 1). '. M,inimal. change in the natural topography necessa_ry to allow for.,
th,e propose~ use. , . ,· , --·-. . .. , , , ~ .
, , , • .1 · • . • . . 12. Any oth~r pm,sible adverse. effects of th~ pr(!pOS!3d Conditional.
Use .Application and what cldditional requireme,nts may be necessary to prevent such .
adverse effects.-, , _· . : . ·_ ·.·, . . ·.: : . , ·.: , -,-·. ·,
, · . .. -.~-: T~e _repqrt of the P.)1"nning _Commission sh_~!I. pe referred ~o;~he
County Board. and placed on the agenda of the ,Board at its .first. regular meeting·. J • , ~ _, ~' I , .. .J ,. -· . • , 1 , < 1 I ' • -: I · ,
following referral from the Planning Commission ... : , . . . ·" . . ··:,.: ..
. . , K. , The. County Board shall take action o.n the Application within 60 days
after 'receiving ·the' report of the Planning Commission. If it grants the Conditional Use
Permit, the Board may.impose any special conditions it considers necessary to protect ' . ·' ,· . ,, ,· .·' . " ' . -' . ' -.. , !, the public welfare. A copy of all grantee;! Conditional ,Use ,Permits shall be forwarded .to .
ttie' Commissioner within '10 days of such action. . . . . . ... ' .. _> . ,-
. . , . L. . The ,Planning Commission shall estabHsh the valid pe_riod for each · • . . . ,I ,-, . , ;) ,·l _ . ,
Conditional Use Permit granted. , ., . . _. . -,·:, , ..• , ,:: ._.. . ! ,· •:-;, .•
. . . . M. After approval of. the Conditional, Use Application by-the County
Board 'tt\e applicant shall secure from ttie Administrative Officer. a written Conditional.. ' I J, , , . _• , _ , • f • , • > I • •
Use Permit before initiating the project. . •. · ,. ·, .,
.,. 1 N .•. ~ithin 3 days. of completion,. the applicant.-for a'. c·onditional Use
Permit, shaU notify tlie Administrative O_fficer that the project is co~pleted and re,ady fo~
a6 i~spection.· · · · · · · : . ,~ '! :r :
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0. The Administrative Officer shall inspect after notification and inform
the applicant in writing Whether the project complies with the approved Conditional Use ' Permit. The purpose of the Conditional Use Permit shall not be put to use until written
approval has been gran1ted by the Administrative Officer.
4. Appeals: I
A. The Board of Adjustment shall hear and decide appeals from and
review any order, r~quirements, decisions or determinations made by any
Administrative Officer charged with enforcing any provision of this Ordinance. .
. B. Any ~ppeal from any decision, order; requirement or determination
within the jurisdiction of[the Board of Adjustment shall be taken by the filing of a notice
of appeal with the secretary of the Board within 10 days from the date on which the
appellant was notified i~ writing by the officer making such decision of the decision. No
such appeal shall be fil,ed by the secretary of the Board unless accompanied by the
Appeal Fee established ,in the Fee Schedule. ·
C. The Board of Adjustment shall fix a reasonable time for the hearing
of the appeal and give d~e notice thereof to the applicant and the officer from whom the
appeal is taken and decide the same within a reasonable time. The Board of
Adjustment may reverse1
, affirm wholly or partly, or may modify the order, requirements,
decisions or determinations as in its opinion ought to be made in the premises and to
I that end shall have all powers of the officer from whom the appeal was taken and may
issue or direct the issuahce of a permit. The reason for the Board's decision shall be
stated in writing. The debsion of the Board shall be final unless appealed to the District
Court in Otter Tail County by a person having an interest affected by such decision ..
5. Variances from Standards:
· The Board[ of Adjustment shall have the exclusive power to order the
issuance of variances from the terms of this Ordinance including restrictions placed on
non-conformities. [
A. Variances shall only be permitted when they are in harmony with the ' general purposes and intent of the Ordinance in cases when there are practical
difficulties or particular hardship in the way of carrying out the strict letter of the
Ordinance. "Hardship" a~ used in connection with the granting of a variance means the
property in question canhot be put to a reasonable use if used under the conditions
allowed by the Ordinanc~; the plight of the landowner is due to circumstances unique to
the property not created by the landowner; and the variance, if granted, will not alter the
essential character of the\locality.
B. Economic considerations alone shall not constitute a hardship if a
reasonable use for the pr6perty exists under the terms of the Ordinance. ' C. No variance may be granted that would allow any use or expansion
of use that is prohibited in[ a Shoreland Management District.
D. The Board of Adjustment may impose conditions in granting the
variance to insure compli~nce and to protect adjacent properties and the public interest.
E. In considering variance requests, the Board of Adjustment must also
consider: I ·
1. Whether the variance will secure for the applicant a right or
rights that are enjoyed by bther owners in the same area;
2. . W~ether existing sewage treatment systems on the property
need upgrading before additional development is approved;
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Shoreland Management Ordinance
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Effective 01/01/04
Page 30
• 1.. .: :-; •• ~-, .. VVhether -granting_ the variance. win: be contrary to the public
interes~ _or ,da,111ag,ng ~o tb~ rights of: oth_er persons; or to property values in the
r;ieighbo.rhood,, ; " , . . .. .,, r: , , . -~: ,·1.. . ,,·:
4. No variance shall be granted .simply because there are no
objections or because those who do not object outnumber those who do.
. . . ,-. , F, . The aI:iplicar_,t,for a. varjance-shall file his Application in the office of
the.Administratiye Officer not less than 21-days prior to.the next scheduled meeting of.
the Board of Adjustn:ient and . pay_ gi fee as--indicated on ;!he .Fee Schedule. when the
application is filed .. Each .application. for variance shall be accompanied by a scale
drawing and 6 copies (if the Applicant provides,.a color coded original scale drawing, it·
is ;the Applicant's respon,sibility to· cqlor code all copies) ofJhe area.under consideration
showing the ,lo9ation of:any exi~ting .strucJures iln.d any ·proposed structures;; The
drciwing shcill. c!lso-indicate aU setbac~ distan,c~,s in ft. In• addition, the applica~t must
provide his (or next closest) E-911 Addre_ss when -available: In absence of such
number, de~ailed directions to the property must be.provided with the appli~ation.
•. G. When,-administrative-staff and Board of Adjustment members r:nay .
not b~ able.to view the property for.which.a variance is,reques,ted, due to snow cover, it
may not be pos~it?le to meet .the ,legal requirement to take ,fi_nal i=!Ction within. 60 days of ·.
re~eipt oJa comP,leted Application. Therefore; an AppHcant shall be required,,as_part o(
completing the application process in the months of October through March, to indicate··
by w,ritten acknowled.gment wheth.~r-the Applicant is willing to waive the 60 day, time; : .
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limit and-!3llow time for the Board o( Adjustment_ to view the. property, if necessary. :·.The , ·:.· _.,',
acknowledgment s_hall inform th~ Applicant that the aqsence of a_ wa_iver;-ofthe. 60 day,'. l xc
requirement may leave the Board of Adjustment . no · alternative bqt to deny the ..
Application._ qrcu!Ilstances may require the Board of Adjustment to _can.eel its regular
meeting in . one. or more of the -months· of January through April. -•lf meetings are: 1 t i
canceled; no Application for a Variance will be accepted as final until 21 i:lays prior ,to .
t~e next scheduled meetiryg ,of the Board of Adjustment · : ... .-• ., •
, H. Withil"! 3 d_ays of ,making \:In application for a v.arian~ the applicant
shall stake.the lot lines, road right-of-ways;-and area und.er consideration and post the
n'ame'_and address in a clearly.visible:location on the property. ·C' • ... ' '
: -; . "· , L . .The Administrc!tive Officer shall-refer the application to -the Board _of
Adjustment (See Section V.7, .Notification f:'rocedures.) ,::; , .. , -,,. : , , . , .. , .
. . : .. J. , The. Board. of Adjustment shall consider the application at. its next
regular in~eting at 'which time'is available, followi~g compliari_~e with.the prpyi~io~s of
notice above specified. , ,. ., · ,·( ,:,.; ' , • , • ' I •• 6. Shoreland Management By Townships:... • "', , ,. · . , .. -• .. -•· .
'Townships may. adopt shore land .manageme'nt controls_ under authority of
Minnesota Statutes; · Section 462. if the· controls are not inconsistent with or. less-. . -. . ' '.. . ... . . ' ' ' '. ,,. . . , . . ... ~
restrictive Jh_~n the: controls adopte,d,,by .O~er Ta_i,I County., . :c · '. . -. . •
. , •. · A. . Shoreland management-controls ,adopted .by towr:,ships wiH only be .J . .. . I ' , ,r • ., '--' ' ' • considered to be consistent with ,County· controls if they .cover.the S?me full range of
shoreland management provisions covered by the County controls, contain dime_nsional
standards aUeastas restrictive as those in the.County.controls,,and do not allow land
uses in particular areas that are not allowed under the County's official. controls.-·
' C . B. The township must demonstrate to the County,•Board that their • , ..... -, I.• I , i. I I • •, 4 ' · • • ·•
proposed Ordinance and admir_,istration is at lea~tas_re~!rictive·as Jhe.County's.prior to
final adoption by the township.· Townships must provide for administration and
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Shoreland Management Ordinance
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enforcement of shoreland management controls at least as effective as County
implementation. Town~hips that adopt adequate shoreland controls must follow all of
the notification procedures in Subpart 7. After adequate shoreland management
' controls are adopted by a township, property owners must only obtain necessary
permits and approvals! as required in the township shoreland management controls.
Property owners do not have to obtain similar permits or approvals under the County's
shoreland controls. I
7. Notification Procedures:
A. Conditional Use Permit Applications: ·
Written nbtice shall be sent to property owners of record within one
quarter (1/4) mile of tti~ affected property or to the 10 properties nearest the affected
property, whichever will provide the greater number of owners. Written notice shall also
be sent to the Town B6ard of the Township wherein the conditional use is proposed,
the governing body oflany city or village of which the incorporated limits lie within 2
miles of the proposed conditional use and the Commissioner. The written notice
provided for the abov~ shall be given not less than 14 days prior to the date the
Planning Commission r'ill consider said application, although failure of any property
owner to receive such notification shall not invalidate the proceedings.
B. Vari~nce Applications:
Written n6tice shall be sent to property owners of record within 500 ft. of
the affected property. I Written notice shall also be sent to the Town Board of the
Township wherein the variance is proposed, the governing body of any city or village of
which the incorporated limits lie within 2 miles of the· proposed variance and the
Commissioner .. The wtitten notice provided for the above shall be given not less than
14 days prior to the date the Board of Adjustment will consider said application,
although failure of any property owner to receive such notification shall not invalidate
the proceedings.
C. Amendments:
Written ndtice of hearing for consideration of amendment(s) to the existing ' controls shall be sent to the Commissioner and the governing body of all towns and
' municipalities within Otter Tail County. This written notice shall be given not less than
14 days prior to the he~ring at which the amendment(s) will be considered. I D. Plats:
Written n6tice shall be sent to the property owners of record within one
half (1/2) mile of a proposed subdivision. Written notice shall also be sent to the Town
Board of the Township wherein the proposed subdivision lies, the governing body of
any city or village of v.ihich the incorporated limits lie within 2 miles of the proposed
subdivision and the co:mmissioner (must include a copy of the proposed subdivision).
The written notice provided for the above shall be given not less than 14 days prior to
' the date the Planning Commission will consider said subdivision, although failure of any
property owner to receite such notification shall not invalidate the proceedings.
E. A cdpy of approved amendments and plats and final decisions ' granting Variances or Conditional Uses under local shoreland management controls
must be sent to the Corilmissioner and postmarked within 1 O days of final action .
F. Towriships with shoreland management controls adopted under
Section V.6. must als6 provide these materials to the zoning official of Otter Tail
County. I
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Effective 01/01/04
Page 32
\~_~r •.~)8: ~me~.~mer:-~:;-r:,( 1.S --:'.f' .1·•, ·_-:-~-~!~i-:;~_f.,'L .-:· 't·. --:,-::-: ;:;,·;._ ~•.~, -~-:
. ., ! .. , ,:;; ThJs Ordinar:ice, [lli:IY ,be .amended. in.:whole or:,'in:.part by: the •Board. of 1
Cquf1ty •:,Commissioners, after: pro.per. public hearirJg. conducted: ~.by the :Planning.,
Cqrnrnis~i.on anq asprgvided in,Minnesota.Statues,394.26. • ·. J , ·.,. ·. ·,< ,_ ,. ~ : .: •:--•
.·~: .. -::,· 9,tr:. Enfo~cements Af'lq_Penalties:· ,.-. 1 •• ,_ '" •. -•_.,,·;, •• :. :· .. ,
.• ·,,_ •,·i::<·• ·:ff., .. , This• 9rdjnance.1 .• sh_all 1, tie · administered,. and. :enforced,; by.? the''
Administrative Officer who is hereby designated the enforcing officer. _, · ," , -_. ;1 ., . ; _ . "
8. Any violation of the terms and provisions of -this · Ordinance shall
constitute a misdemeanor. All fines pai9 1for,violations,shall be credited to the County
Gerier.al,.~ev1;1n4et Fun9.;·:_E;;ac~ 2;4 :h9ur: day that a ,violation continues shall constitute a
separate offense.~-. ;-:-,:~---•-r1 •.. ·. ,.I; -1, .... ", .. :--,. ·J· r "" ........ ;./ :·', :, ~_.,;, .... 'i· .-~:'..•,•'1 ...,, -•• ' • -''· • ..\:..•. ,,., ..I) ~-• ..... •· ~ ' 1.. '; . .,., ~ . .
,_.. 1 • -. , C. , In the. eve[lt:of_a violation·pra,t_hreatened viol_ation of this Ordinance,·:
t_he County ~oar,d ar;id/e>r the,.Adr:ninistrative-.Officer,•ir:, addition;.tc;> other remedies may_;
i!']stitute appropri;ate ~c~iOflS 9r pro,ceedings '.to. -pr,1qvent; r,estrc1in; correct.or abate .:such'
violati<;ms_ or thr_ea~ened_, violations,_ ;anq -·it shc1II be the·,duty of the .County Attorney Jo .
institute sue~ actior.,..-,c;This will include,'.but n9t be limited to,-actions for injunctive relief_,
before ;a court of CC>mpetent jurisc;liction.,. r ' ' •• ·, ,, . J ·:,,, ••.. ' -. ' .• : • ' .• , • ~ a, I ••• j • • -• •
D. A~Yii1axpc1yer"'o_r taxpayers C>f the County·may institute_ mandamus
proceedings in District Court to compel specific performance, by t_he proper officer or
officers of a,ny guty. requir~d by·this Ordtnance, '."· · -:: ·. , _. ··,, ;, -~ ,,, :
· -·: , ,,::.:E.:,•·· .AU _emP.loyees _of ,t~!=l-·,Otter• Tail• ColJnty• Land and, .. Resource·,
M_a11ageme11t.,Office, '. member~ :of-,the_ C:oun_ty Board· of ,·,C:ommissioners,., Planning 1
t;;ommissic;,_r:i a_nd -Bo.ard:. of A,djustment; -_in. the P!'lrformance of. their. duties, shall have,.
fre!'l ?!Ccess on all land include.d irH:ihor!=Jland Mcmageme_nt:use _districts:-~ . .-· · , .. ,
, -F .. All p1Jblic t>qdies of_ wc1t!=)r not §p,ecificc1lly designated_. or .enumerated
in "Water~ o,f1 Otter !§Iii _gountyrClai,sjfif:ation", are; h!'lrepy given the :classificatjon, _of:
Natural Environment. -· · ,; ,1:,, ·::~ ·, i :,
G. Effective Date: _ ·:,' ,,.,_,.,,,.. .,
r .-.• , .-'" Tt,_is ·Ordi,n_c!l')Ce as. amend_ed• shall, be in (ull-forc~.,clrJd-effect on and
afterJ_lil'1f.J.1i\ry1,:f004._· · ·.,;~· .. •:•· ,,,-_,,., i.'. . .":;,(Jc::, ,:~-~'-, ,•-·. ,)
, .->t c-,,,, : , U.nless .c:>~hE!ivy_ise: c1uth9rized by,perr,:iit, any .f:C>nstruction .or, gra_ding and;-,
filling not completed. by)t,!3. ~ffective ,dc!te. ,of this, Qrdjr,.anc_e,,-ITlu~t .comp]y witb .gtll the:·
amended requirements. ' ' • :,· !' . '.
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