Trinity County Municipal Code Ch. 12.08 Setbacks Along Highways

Footnotes:

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Editor's note— Ord. No. 1371, § 1, adopted February 6, 2024, amended Chapter 12.08 in its entirety to read as herein set out. Former Chapter 12.08, §§ 12.08.010—12.08.040, pertained to similar subject matter, and derived from Ord. No. 216, 1956.

For the purpose of this chapter, the following definitions shall apply:

"Edge of road" encompasses the roadway, including the travel way; shoulder and any adjacent drainage ditches.

"Highway" means and includes any publicly maintained road, including all roads listed on the Trinity County maintained mileage list.

"Road" means and includes the paved or unpaved roadway width of any one lane road or multi-lane road, including all highways, streets, roads, lanes, alleyways and cul-de-sacs. Travel lane, shoulders and adjacent drainage ditches are included in the roadway width.

(Ord. No. 1371, § 1, 2-6-24)

For the purpose of promoting the public health, safety and general welfare, a thirty-foot building setback line is established for all property abutting on all minor collector and local county roads.

(Ord. No. 1371, § 1, 2-6-24)

For the purpose of promoting the public health, safety and general welfare, a forty- foot building setback line is established on all federal aid secondary and all state highways in the county.

(Ord. No. 1371, § 1, 2-6-24)

A. No building or structure, excluding, however, open fences and solid fences less than three feet in height above the edge of the road, shall be erected, constructed or moved so that any portion of the same shall be closer than thirty feet to the edge of the road, and no existing building or structure shall be added to or enlarged so that such addition or enlargement shall be closer than thirty feet to the edge of the county roads described in Section 12.08.010.

B. No building or structure, excluding, however, open fences and solid fences less than three feet in height above the edge of the road shall be erected, constructed or moved so that any portion of same shall be closer than forty feet to the edge of road and no existing building or structure shall be added to or enlarged so that such addition or enlargements shall be closer than forty feet to the edge of the highways described in Section 12.08.020.

(Ord. No. 1371, § 1, 2-6-24)

The road commissioner/county engineer may modify the above setback requirements based on safety considerations and engineering principals. Modification of the setback requirements must be in accordance with the intent and purposes of this section, and will not be considered if detrimental to the public health, safety or welfare.

(Ord. No. 1371, § 1, 2-6-24)