HO-CHUNK NATION CODE (HCC)

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TITLE 8 – HOUSING, REAL ESTATE AND PROPERTY CODE

SECTION 4 –ZONING & LAND USE ORDINANCE

ENACTED BY LEGISLATURE: 11/19/2013

LAST AMENDED: 03/18/2025

CITE AS: 8 HCC § 4

TABLE OF CONTENTS

CHAPTER I - INTRODUCTION

1. Authority ............................................................................3

2. Purpose...............................................................................4

3. Intent ..................................................................................5

4. Abrogation and Greater Restrictions .................................5

5. Interpretation ......................................................................5

6. Severability ........................................................................5

7. Repeal ................................................................................5

8. Title ....................................................................................5

9. Effective Date ....................................................................5

10. Definitions .......................................................................5

CHAPTER II - GENERAL PROVISIONS

11. Jurisdiction .......................................................................14

12. Compliance ......................................................................14

13. Zoning Permit ..................................................................14

14. Site Restrictions ...............................................................15

15. Use Restrictions ...............................................................16

16. Variances..........................................................................17

17. Reduction or Joint Use .....................................................19

18. Airport Approach Protection............................................19

19. Sewage Treatment Facility Isolation ...............................19

20. Violations .........................................................................20

21. Penalties ...........................................................................20

CHAPTER III - ZONING DISTRICTS

22. Establishment of Districts ................................................21

23. Zoning Map ......................................................................21

24. Residential Districts .........................................................22

25. Business Districts .............................................................24

26. Industrial Districts............................................................25

27. Agricultural District .........................................................28

28. Resource Conservancy District ........................................28

29. Cultural District ………………………………………...29

30. Open Use Districts ..................................................…….30

31. Overlay Districts………………………………………...30

CHAPTER IV - CONDITIONAL USES

32. Review and Approval ......................................................34

33. Public and Semipublic Uses.............................................35

34. Residential Uses ...............................................................36

35. Highway Oriented Uses ...................................................40

36. Industrial and Agricultural Uses ......................................40

37. Recreation Uses ...............................................................42

38. Communication/Cellular Towers .....................................42

CHAPTER V - TRAFFIC, PARKING AND ACCESS

39. Highway Setbacks ............................................................44

40. Vision Clearance at Intersections.....................................45

41. Objects Permitted Within Highway Setback Lines and

Vision Triangles .....................................................................45

42. Loading Requirements .....................................................45

43. Parking Requirements ......................................................45

44. Driveways ........................................................................47

45. Highway Access Requirements .......................................48

46. Interchange Area Overlay Zone .......................................48

47. Standards for Interchange Area Overlay Zoning .............49

CHAPTER VI - MODIFICATIONS

48. Height...............................................................................51

49. Yards ................................................................................51

50. Additions ..........................................................................52

51. Average Street Yards .......................................................52

52. Noise ................................................................................52

53. Required Minimum Lot Area...........................................52

CHAPTER VII - SIGNS

54. Purpose.............................................................................52

55. General Sign Provisions Zoning Permit ..........................53

56. Types of Signs..................................................................54

57. Permits .............................................................................57

58. Conditional Use ...............................................................57

59. Non-Conforming Signs ....................................................57

CHAPTER VIII - NONCONFORMING USES

60. Conditions ........................................................................57

61. Substandard Lots..............................................................58

CHAPTER IX - PERFORMANCE STANDARDS

62. Compliance ......................................................................58

63. Air Pollution ....................................................................58

64. Fire and Explosive Hazards .............................................58

65. Glare and Heat .................................................................59

66. Liquid or Solid Wastes ....................................................59

67. Noise ................................................................................59

68. Odors ................................................................................59

69. Radioactivity and Electrical Disturbances .......................59

70. Vibration ..........................................................................59

CHAPTER X - ADMINISTRATION

71. Creation, Powers and Duties ............................................59

72. Appeals from Planning Administrator Decision… ..........60

73. Changes and Amendments ...............................................61

CHAPTER XI – EASEMENTS

74. Easements .......................................................................61

CHAPTER I

INTRODUCTION

1. AUTHORITY.

a. The Ho-Chunk Nation (“Nation”) is a federally recognized Indian Tribe,

organized pursuant to the Indian Reorganization Act of 1934.

b. The Legislature of the Ho-Chunk Nation (“Legislature”) is the duly constituted

governing body of the Nation pursuant to the Constitution of the Nation.

c. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (“Constitution”)

grants the Legislature the power to make laws, including codes, ordinances,

resolutions, and statutes.

d. Article V, Section 2(b) of the Constitution authorizes the Legislature to establish

Executive Departments, and to delegate legislative powers to the Executive Branch

to be administered by such Departments, in accordance with law; any Department

established by the Legislature shall be administered by the Executive; the

Legislature reserves the power to review any action taken by virtue of such delegate

powers.

e. Article V, Section 2(h) of the Constitution grants the Legislature the power to enact

all laws prohibiting and regulating conduct, and imposing penalties upon all

persons within the jurisdiction of the Nation.

f. Article V, Section 2(l) of the Constitution grants the Legislature the power to enact

laws to manage, lease, permit, or otherwise deal with the Nation’s lands, interests

in lands or other assets.

g. Article V, Section 2(o) of the Constitution grants the Legislature the power to enact

laws to regulate and zone any lands within the jurisdiction of the Ho-Chunk Nation.

h. Article V, Section 2(r) of the Constitution grants the Legislature the power to

protect and foster Ho-Chunk religious freedom, culture, language, and traditions.

i. Article V, Section 2(t) of the Constitution grants the Legislature the power to enact

laws governing law enforcement on lands within the jurisdiction of the Nation.

j. Article V, Section 2(w) of the Constitution grants the Legislature the power to enact

laws to regulate hunting, fishing, trapping, recreation and all other related activities

on lands within the Nation’s jurisdiction.

k. Article VI, Section 2(a) of the Constitution provides that the President shall have

the power to administer all Departments, boards, and committees created by the

Legislature.

l. Article VI, Section 2(d) of the Constitution provides that the President shall have

the power to administer all Departments, boards, committees created by the

Legislature.

m. Article VII, Section, Section 5(a) of the Constitution grants the Trial Court original

jurisdiction over all cases and controversies, both criminal and civil, in law or

equity arising under the Constitution, laws, customs, and traditions of the HoChunk Nation.

n. The Ho-Chunk Traditional Court is empowered to resolve matters, provide

leadership and make recommendations on issues unique to Tribal customs and

traditions.

o. The Constitution reserves to the Legislature the power of oversight, but daily

operations and management is the responsibility of the Executive Branch, so long

as the actions of the executive departments are not contrary to the laws created by

the Legislature.

p. The Legislature on behalf of the Nation directed the delegation of the power of

administration over Ho-Chunk Lands to the Ho-Chunk Nation Department of

Heritage Preservation and the Ho-Chunk Nation Division of Natural Resources in

Ho-Chunk Resolution 11-20-01B.

2. PURPOSE. The purpose of this Ordinance is to promote the health, safety and general

welfare of the Ho-Chunk Nation.

3. INTENT. It is the general intent of this Ordinance to regulate and control the use of all

structures and lands, regulate and restrict lots, population distribution and density, and

the size and location of all structures so as to lessen congestion in and promote the

safety and efficiency of the streets and highways; secure safety from fire, flooding,

panic and other dangers; provide adequate light, air sanitation and drainage; prevent

overcrowding; avoid undue population concentration; facilitate the adequate provision

of public facilities and utilities; stabilize and protect property values; further the

appropriate use of land and conservation of natural resources; preserve and promote

the beauty of the Nation; preserve and protect the cultural property of the Nation; and

implement the Nation's comprehensive plan or plan components. It is further intended

to provide for the administration and enforcement of this Ordinance and to provide

penalties for its violation.

4. ABROGATION AND GREATER RESTRICTIONS. It is not intended by this

Ordinance to repeal, abrogate, annul, impair or interfere with the express terms of any

existing easements, covenants, deed restrictions, agreements, Ordinances, rules,

regulations or permits previously adopted or issued pursuant to the laws of the HoChunk Nation or Department of Interior. However; wherever this Ordinance imposes

general restrictions, the provisions of this Ordinance shall govern.

5. INTERPRETATION. Interpretation and application of the provisions of this

Ordinance shall be minimum general requirements and shall be liberally construed in

favor of the Ho-Chunk Nation and shall not be deemed a limitation or repeal of any

other power granted by the Ho-Chunk Nation Legislature.

6. SEVERABILITY. If any section, clause, provision or portion of this Ordinance is

adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder

of this Ordinance shall not be affected thereby.

7. REPEAL. All other Ordinances or parts of Ordinances of the Nation inconsistent or

conflicting with this Ordinance to the extent of inconsistency only are hereby repealed.

8. TITLE. This Ordinance shall be known as, referred to or cited as the "Zoning

Ordinance, Ho-Chunk Nation."

9. EFFECTIVE DATE. This Ordinance, upon adoption by the Ho-Chunk Nation

Legislature shall be effective on Ho-Chunk Nation trust and allotted lands when

approved by the Land Development Team and when a certified copy of the approving

resolution is filed with the Ho-Chunk Nation Register of Deeds.

10. DEFINITIONS. For the purpose of this Ordinance, the following definitions shall be

used. Words used in the present tense include the future; the singular number includes

the plural number; and the plural number includes the singular number. The word

"shall" is mandatory and not directory in nature.

a. “ACCESSORY USE OR STRUCTURE” means a use or detached structure

subordinate to the principal use of a structure, land or water and located on the same

lot or parcel serving a purpose customarily incidental to the principal use of the

principal structure.

b. “AIRCRAFT” means a machine or device capable of atmospheric flight.

c. “AIRPORT” means a cleared and leveled area where aircraft can take off and land,

usually having hard surfaced landing strips, a control tower, hangars, passenger

terminals, and accommodations for cargo.

d. “ALLEY” means a special public right-of-way affording only secondary access to

abutting properties.

e. “ALLOTMENT” means lands held in trust for individual Indians by the United

States Department of Interior.

f. “ANTENNA” means any device or equipment used for the transmission or

reception of electromagnetic waves, which may include omni-directional antenna

(rod), directional antenna (panel) or parabolic antenna (disc).

g. “APPROVED” means acceptable to the Land Development Team, based on its

determination as to conformance with this Ordinance and good public health

practices.

h. “ARTERIAL STREET” means a public street or highway used or intended to be

used primarily for fast or heavy through traffic. Arterial streets and highways shall

include freeways and expressways as well as arterial streets, highways and

parkways.

i. “BASEMENT” means that portion of any structure located partly below the

average adjoining lot grade.

j. “BOARDING HOUSE” means a building other than a hotel or restaurant where

meals or lodging are regularly furnished by prearrangement for compensation for 4

or more persons not members of a family, but not exceeding 12 persons and not

open to transient customers.

k. BUFFER ZONE” means a land area situated between surrounding land uses and

property that is used for the purpose of preservation and protection of fishing;

hunting; cultural property; historic, scenic, and scientific areas; public fish

hatcheries; soil and water conservation; sustained yield forestry; stream bank and

lakeshore protection; water retention; floodplain; wildlife preserves; and public

parks and campgrounds.

l. “BUILDING” means any structure having a roof supported by columns or walls

used or intended to be used for the shelter or enclosure of persons, animals,

equipment, machinery or materials.

m. “BUILDING AREA” means the total living area bounded by the exterior walls of

a building at the floor level, but not including basements, utility rooms, garages,

porches, breezeways and unfinished attics.

n. “BUILDING HEIGHT” means the vertical distance measured from the mean

elevation of the finished lot grade along the street yard face of the structure to the

highest point of flat roofs; to the mean height level between the eaves and ridges of

gable, gambrel, hip and pitch roofs; or to the deck line of mansard roofs.

o. “BUSINESS” means the occupation, work or trade in which an individual or group

of individuals are engaged.

p. “CENTERLINE” means a line equidistant from the edges of the median separating

the main traveled ways of an existing or planned divided road or highway or the

centerline of the main traveled way of an undivided road or highway.

q. “CHARITABLE INSTITUTION” means an organization that is described in

Section 501 (c) (3) of the Internal Revenue Code and that is exempt from taxation

under Section 501 (a) of the Internal Revenue Code.

r. “CLINIC” means a health care facility in which physicians examine and treat

patients.

s. “CLOTHING REPAIR SHOP” means a shop where clothing is repaired, such as

shoe shops, seamstress or tailor shops, shoe shine shops, clothes pressing shops,

but none employing over 5 persons.

t. “CLOTHING STORES” means retail stores where clothing is sold, such as

department stores, dry goods and shoe stores, dress, hosiery and millinery shops.

u. “COLLEGE” means a school of higher learning that grants the bachelor’s or

associate’s degree or both.

v. “COMMERCIAL” means designated products, often unrefined, made and

distributed in large quantities for industrial or retail use.

w. “COMMERCIAL BUILDING” means buildings designed and built for use other

than residential and agriculture.

x. “COMMUNICATION TOWER” or “CELLULAR TOWER” means any structure

that is designed and constructed primarily for the purpose of supporting one or

more antennas, including guy towers, monopole towers and self-supporting lattice

towers.

y. “CONDITIONAL USES” means uses of a special nature as to make impractical

their predetermination as a principal use in a district.

z. “CORNER LOT” means a lot abutting 2 or more streets at their intersection

provided that the corner of such intersection shall have an angle of 135 degrees or

less, measured on the lot side.

aa. “CORRECTIONAL INSTITUTE” means an institution that confines individuals

convicted of crimes.

bb. “CULTURAL PROPERTY” means property used as sites of cultural significance

for religious observance by Ho-Chunk Nation members, including curtilage and

areas used for gathering and harvesting of materials used for traditional practices,

in addition to all areas recognized by other laws as cultural property or sacred sites.

cc. “CURTILAGE” means the land immediately surrounding a dwelling, structure, or

ceremonially site that is habitually used for family or traditional purposes.

dd. “DIRECTORY SIGN” means a sign which displays the name of a person, home,

farm, community, area or kind of business or service at a specific location more

conspicuously than all general brands, trade names, products or services.

ee. “DRIVEWAY” means a private road connecting a building, as a house or garage,

with the street.

ff. “DWELLING” means a detached building designed or used exclusively as a

residence or sleeping place, but does not include boarding or lodging houses,

motels, hotels, tents, cabins or mobile homes.

gg. “EMERGENCY SHELTER” means a public or private enclosures designed to

protect people from aerial, radiological, biological or chemical warfare, fire, flood,

windstorm, riots and invasions.

hh. “END OF TAPER” means the point of intersection between the outer edges of the

ramp pavement and the mainline pavement.

ii. “ESSENTIAL SERVICES” means services provided by public and private utilities

necessary for the exercise of the principal use or service of the principal structure.

These services include underground, surface or overhead gas, electrical, steam,

water, sanitary sewerage, storm water drainage and communication systems and

accessories, thereto; such as poles, towers, wires, mains, drains, vaults, culverts,

laterals, sewers, pipes, catch basins, water storage tanks, conduits,

cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and

hydrants, but not including buildings.

jj. “EXPRESSWAY” means a divided arterial street or highway with full or partial

control of access and with or without grade separated intersections.

kk. “FAMILY” means all of the customary family relationships recognized by the laws

of the Nation, including extended family relationships recognized by Tradition and

Custom. Immediate family is defined as parent, grandparent, sibling, child, step

relative, spouse, or cohabitant.

ll. “FEE SIMPLE” means land subject to taxation but that are outside the boundaries

of Ho-Chunk Nation trust lands.

mm.“FREEWAY” means an expressway with full control of access and with fully

grade separated intersections.

nn. “FRONTAGE” means the smallest dimension of a lot abutting a public street

measured along the street line.

oo. “GIFT STORES” means retail stores where items such as art, antiques, jewelry,

books and notions are sold.

pp. “HARDWARE STORES” means retail stores where items such as plumbing,

heating and electrical supplies, sporting goods and paints are sold.

qq. “HIGHWAY” means a main public road, especially one connecting towns and

cities.

rr. “HO-CHUNK LANDS” means all lands held in trust for the Ho-Chunk Nation by

the United States, including all additions to such trust lands holdings from time to

time, and all allotted trust and restricted lands of which a majority in interest of the

allotted are members of the Ho-Chunk Nation.

ss. “HOME-BASED BUSINESS” means any occupation for gain or support conducted

entirely within buildings by resident occupants, which is customarily incidental to

the principal use of the premises, does not exceed 25% of the area of any floor, uses

only household equipment and no stock in trade is kept or sold except that made on

the premises. A household occupation may include, but is not limited to, babysitting, millinery, dressmaking, canning, laundering and crafts, but does not include

the display of any goods, nor such occupations as barbering, beauty shops, dance

schools, real estate brokerage or photographic studios.

tt. “HOSPITAL” means an institution providing medical or surgical care and treatment

for the sick and injured.

uu. “HOTEL” means an establishment that provides lodging and usually meals,

entertainment, and various personal services for the public.

vv. “INDUSTRY” The commercial production and sale of goods and services.

ww. “INTERCHANGE” means a grade separated intersection on a State trunk highway

with one or more turning roadways for travel between intersection legs.

xx. “INTERSECTING HIGHWAY” means a highway of any political jurisdiction,

which forms one or more legs of an interchange and to which access is not fully

controlled.

yy. “JURISDICTION” as established by the Constitution of the Ho-Chunk Nation, the

Ho-Chunk Nation Code, and applicable federal law, means the provisions of this

Ordinance shall apply to all lands held in trust for the Ho-Chunk Nation by the

United States, including all additions to such trust lands holdings, all heirship lands,

and all allotted trust and restricted lands where majority of beneficial owners are

members of the Ho-Chunk Nation.

zz. “LAND DEVELOPMENT TEAM” means the entity charged with providing

independent regulatory authority, oversight, and enforcement of the real property

of the Nation and its members under the Nation’s laws.

aaa. “LAND USE PERMIT/ ZONING PERMIT” means the required permit issued by

the Ho-Chunk Nation Land Development Team for any regulated building activity

or land use.

bbb. “LIVING ROOMS” means all rooms within a dwelling, except closets, foyers,

storage areas, utility rooms and bathrooms.

ccc. “LOADING AREA” means a completely off-street space or berth on the same lot

for the loading or unloading of freight carriers having adequate ingress and egress

to a public street or alley.

ddd. “LOT” means a parcel of land having frontage on a public street, occupied or

intended to be occupied by a principal structure or use and sufficient in size to

meet the lot width, lot frontage, lot area, yard, parking area and other open space

provisions of this Ordinance. For this Ordinance, the following applies:

1) If a lot is divided by a section or forty lines, for the purpose of this Ordinance,

it will be considered as one lot.

eee. “LOT LINES AND AREA” means the peripheral boundaries of a parcel of land

on the total area lying within such boundaries.

fff. “LOT WIDTH” means the width of a parcel of land measured at the rear of the

specified street yard.

ggg. “MACHINE SHOPS” means shops where lathes, presses, grinders, shapers and

other wood and metal working machines are used, such as blacksmith, tinsmith,

welding and sheet metal shops, plumbing, heating and electrical repair and

overhaul shops.

hhh. “MANUFACTURED HOME” means a manufactured or mobile home structure

Certified and Labeled as a Manufactured Home under 42 U.S.C. Section 5401 to

5426 which, when placed on the site:

1) Conforms to the HUD code.

2) Is properly connected to all utilities.

3) Has the tongue and wheel apparatus removed.

iii. “MINOR STRUCTURES” means any small, movable accessory erection or

construction, such as birdhouses, tool houses, pet houses, play equipment, arbors

and walls and fences less than 4' in height.

jjj. “MODULAR HOME” means a factory-built home that does not rest on a steel

chassis and is delivered to the site and assembled on a fixed foundation.

kkk. “MOTEL” means an establishment which provides lodging and parking and in

which the rooms are usually accessible from an outdoor parking area.

lll. “NATION” means the Ho-Chunk Nation of Wisconsin

mmm. “NONCONFORMING USES OR STRUCTURES” means any structure, land

or water lawfully used, occupied or erected at the time of the effective date of

this Ordinance or amendments thereto, which does not conform to the

regulations of this Ordinance or amendments thereto. Any such structure

conforming in respect to use, but not in respect to frontage, width, height, area,

yard, parking, loading or distance requirements, shall be considered a

nonconforming structure and not a nonconforming use.

nnn. “PARCEL” means a portion or plot of land usually a division of a larger area. ooo.

“PARKING LOT” means a structure or premises containing 10 or more

parking spaces open to the public.

ppp. “PARKING SPACE” means a graded and surfaced area of not less than 280 sq.

ft. in area either enclosed or open for the parking of a motor vehicle having

adequate ingress and egress to a public street or alley.

qqq. “PARTIES IN INTEREST” means all abutting property owners, all property

owners within 100' and all property owners of opposite frontages.

rrr. “PERSON” means any individual, firm, trust, partnership, association or

corporation.

sss. “PRIVATE SCHOOL” means a secondary or elementary school run and supported

by private individuals or a corporation instead of by a government or public

agency.

ttt. “PROFESSIONAL HOME OFFICES” means residences of doctors of medicine,

practitioners, dentists, clergymen, architects, landscape architects, professional

engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians

or other recognized professions used to conduct their professions where the office

does not exceed 1/2 the area of only one floor of the residence and only one

nonresident person is employed.

uuu. “PROTECTIVE COVENANT” means a binding agreement or formal contract

made by two or more individuals to keep from harm, loss or injury of property.

vvv. “PUBLIC SCHOOL” means an elementary or secondary school supported by

public funds and providing free education for children of a community or district.

www. “REAR YARD” means a yard extending across the full width of the lot, the

depth of which shall be the minimum horizontal distance between the rear lot

line and a line parallel thereto through the nearest point of the principal

structure. This yard shall be opposite the street yard or one of the street yards

on a corner lot.

xxx. “RELIGIOUS SITE” means a location of particular significance for Ho-Chunk

members to practice their religious or spiritual beliefs.

yyy. “RESIDENCE” means a dwelling in which one lives.

zzz. “RESORT” means a place providing recreation and entertainment to vacationers.

aaaa. “RETAIL” means the sale of goods in small quantities to consumers.

bbbb. “RURAL RETAIL” includes, but is not limited to, the production and processing

of items including but not limited to: baked goods, quilting, crafts, flooring

production, furniture making, sawmilling, and produce stands.

cccc. “SIDE YARD” means a yard extending from the street yard to the rear yard of

the lot, the width of which shall be the minimum horizontal distance between

the side lot line and a line parallel thereto through the nearest point of the

principal street.

dddd. “SIGNS” means any words, letters, figures, numerals, phrases, sentences,

emblems, devices, designs, trade names or trademarks by which anything is

made known and which are used to advertise or promote an individual, firm,

association, corporation, profession, business, commodity or product and which

is visible from any public street or highway.

eeee. “SPACE” means a plot of ground within a mobile home park designed for the

accommodation of one unit.

ffff. “STREET” means a public right-of-way not less than 50' wide providing primary

access to abutting properties.

gggg. “STREET YARD” means a yard extending across the full width of the lot, the

depth of which shall be the minimum horizontal distance between the setback

line and a line parallel thereto through the nearest point of the principal

structure. Corner lots shall have 2 such yards.

hhhh. “STRUCTURAL ALTERATIONS” means any change in the supporting

members of a structure, such as foundations, bearing walls, columns, beams or

girders.

iiii. “STRUCTURE” means any erection or construction such as buildings, towers,

masts, poles, booms, signs, decorations, carports, machinery and equipment.

jjjj. “SUBDIVISION” means the governmentally approved division of a tract of land

into smaller parcels using ordinary and legally recognized methods for

surveying and platting land and publicly recording the results.

kkkk. “SUBSTANDARD LOT” means a parcel deviating from the norm that has a

quality lower than that prescribed by the minimum requirements set forth by

law.

llll. “TRAVEL TRAILER” or “CAMPING UNIT” means any portable device used

as a temporary dwelling, including but not limited to a camping trailer, motor

home, bus, van, pick-up truck or tent.

mmmm. “TRUST LAND” means lands or interests within the jurisdiction of the HoChunk Nation, title to which is held by the United States in trust for the

Nation or an individual, or which is held by the Ho-Chunk Nation or

individual subject to a restriction by the United States against alienation.

nnnn. “TURNING LANES” means an existing or proposed connecting roadway

between 2 arterial streets or between an arterial street and any other street.

Turning lanes include grade separated interchange ramps.

oooo. “UNIVERSITY” means an institution of higher learning having facilities for

teaching and research and comprising an undergraduate division that awards

bachelor’s degrees and graduate and professional schools that award master’s

degrees and doctorates.

pppp. “UNIT” means a separate structure designed to be an individual living facility

and is either a mobile home or a manufactured home.

qqqq. “UTILITIES” means public and private facilities, such as water wells, water and

sewage pumping stations, water storage tanks, power and communication

transmission lines, electrical power substations, static transformer stations,

telephone and telegraph exchanges, microwave radio relays and gas regulation

stations, but not including sewage disposal plants, municipal incinerators,

warehouses, shops and storage yards.

rrrr.

“WASTE” means a worthless or useless by-product.

ssss. “YARD” means an open space on the same lot with a structure unoccupied and

unobstructed from the ground upward except for vegetation. The street and rear

yards extend the full width of the lot.

CHAPTER II

GENERAL PROVISIONS

11. JURISDICTION. The jurisdiction of this Ordinance shall include all lands held in

trust for the Ho-Chunk Nation by the United States, including all additions to such trust

lands holdings, all heirship lands, and all allotted trust and restricted lands where

majority of beneficial owners are members of the Ho-Chunk Nation.

12. COMPLIANCE. No structure or land shall hereafter be used and no structure or part

thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged,

converted or structurally altered without full compliance with the provisions of this

Ordinance and all other applicable Ho-Chunk Nation, local, state, and federal

regulations.

13. ZONING PERMIT. A Zoning Permit (Land Use Permit) shall be required for all

structures except for those in Sub (c).

a. Applications for a zoning permit shall be made in duplicate to the Planning

Administrator on forms furnished by the Planning Administrator and shall include

the following where applicable:

1) Names and address of the applicant, owner of the site, architect, professional

engineer or contractor.

2) Description of the subject site by lot, block and recorded subdivision or by

metes and bounds; address of the subject site; type of structure; existing and

proposed operation or use of the structure or site; number of employees; and the

zoning district within which the subject site lies.

3) Plat of survey prepared by a registered land surveyor showing the location,

boundaries, dimensions, elevations, uses and size of the subject site; existing

and proposed structures; existing and proposed easements, streets and other

public ways; off-street parking, loading areas and driveways; existing highway

access restrictions; and existing and proposed street, side and rear yards. In

addition, the plat of survey shall show the location, elevation and the use of any

abutting lands and their structures within 40' of the subject site.

4) When municipal sewerage service is not available, the petitioner shall provide

a statement from a licensed contractor that shall certify in writing that

satisfactory, adequate and safe water and sewage disposal is possible on the site

in accordance with applicable Nation, local, state, and federal regulations.

5) Additional information as may be required by the appropriate body of the Land

Development Team.

b. A zoning permit shall be granted or denied in writing by the Planning Administrator

within 30 days. The permit shall expire within 6 months unless substantial work

has commenced. Any permit issued in conflict with the provisions of this Ordinance

shall be null and void.

1) The fee for the Land Use Permit is established by the Land Development Team

and can be amended from time to time.

2) The appropriate Ho-Chunk Nation staff shall have access to property during

reasonable business hours for the purpose of performing on-site verifications

for the issuance of the Land Use Permit.

c. A zoning permit shall not be required.

1) For any accessory building which is 125 sq. feet or less in size.

14. SITE RESTRICTIONS. No land shall be used or structure erected where the land is

held unsuitable for such use or structure by the Land Development Team by reason of

flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation,

unfavorable topography, low percolation rate or bearing strength, erosion susceptibility

or any other feature likely to be harmful to the health, safety, prosperity,

aesthetics and general welfare of the Nation. The Land Development in applying the

provisions of this section shall in writing recite the particular facts upon which it bases

its conclusion that the land is not suitable for certain uses. The applicant shall have an

opportunity to present evidence contesting such unsuitability if she/he so desires.

Thereafter, the Land Development Team may affirm, modify or withdraw its

determination of unsuitability.

a. All lots shall abut upon a public street and shall have a minimum street frontage as

stated in the Zoning Ordinance, except for Substandard Lots and in the section of

Performance Standards under Compliance.

b. All principal structures shall be located on a lot and only one principal structure

shall be located, erected or moved onto a lot.

c. No zoning permit shall be issued for a lot, which abuts a public street, dedicated to

only a portion of its proposed width and located on that side thereof from which the

required dedication has not been secured.

d. In any district where public sewerage service is not available, all lots shall be

sufficient to permit the use of an on-site sewage disposal system designed in

accordance with Chapter SPS 383, Wisconsin Administrative Code.

e. Lots abutting more restrictive district boundaries shall provide side and rear yards

not less than those required in the more restrictive abutting district. The street yards

on the less restrictive district shall be modified for a distance of not more than 60'

from the district boundary line so as to equal the average of the street yards required

in both districts.

15. USE RESTRICTIONS. The following use restrictions and regulations shall apply:

a. PRINCIPAL USES. Only those principal uses specified for a district, their essential

services and the uses provided for in subs. (b.) through (f.) shall be permitted in that

district.

b. ACCESSORY USES AND STRUCTURES. Accessory uses and structures are

permitted in any district, but not until their principal structure is present or under

construction. Residential accessory uses shall not involve the conduct of any

business, trade or industry. Accessory uses include incidental repairs; storage;

parking facilities; gardening; agricultural laborer's quarters; private swimming

pools and private emergency shelters.

c. CONDITIONAL USES. Conditional uses and their accessory uses are considered

as special uses requiring review, public hearing and approval by the Land

Development Team. Any development within 660' of the existing or proposed

rights-of-way of freeways, expressways, interstate and controlled access traffic

ways and within 1,500' of their existing or proposed interchange or turning lane

rights-of-way shall be deemed to be to be conditional uses. Such development shall

be specifically reviewed and approved by the Land Development Team as provided

in the Conditional Use section of this Ordinance.

d. Conditional uses approved for accessory structures not meeting all terms of this

Ordinance are approved for a maximum of two (2) years. Reapplication is required,

if all terms of this Ordinance are not met after the initial two year period.

e. UNCLASSIFIED OR UNSPECIFIED USES. Unclassified or unspecified uses may

be permitted by the Land Development Team after a Public Hearing has been held,

provided that such uses are similar in character to the principal uses permitted in

the district and are not prohibited.

f. TEMPORARY USES. Temporary uses, such as real estate sales field offices or

shelters for materials and equipment being used in the construction of a permanent

structure, may be permitted by the Land Development Team.

g. PERFORMANCE STANDARDS. The section on Performance Standards shall be

complied with by all uses in all districts.

16. VARIANCES. In the event a zoning permit application does not meet the provisions

of this law but the Land Development Team has the authority to issue a variance which

would result in the permit being issued, the Zoning Administrator shall, in writing,

advise the applicant how to file for a variance if he or she is so inclined. A variance

from the terms of this law may be issued by the Land Development Team for a specific

structure or land use in cases where there are practical difficulties or unnecessary

hardships in the way of strict application of this law.

a. Application.

1) The applicant shall present a statement and adequate evidence, in such form

as the Land Development Team may require, showing that:

i. There are special circumstances or conditions applying to the land, building,

or use referred to in the application; and that due to these special practical

difficulty or unnecessary hardship.

ii. The granting of the variance is necessary for the preservation and enjoyment

of substantial property rights.

iii. The granting of the variance will neither materially nor adversely affect the

health or safety of persons residing or working in the neighborhood of the

proposed use and will not be materially detrimental to the public welfare or

injurious to property or improvements in the neighborhood.

iv. The granting of the variance will neither materially nor adversely affect any

cultural property of the Nation. The Land Development Team shall require

that the applicant submit additional materials, including any effects of the

proposed use upon any neighboring Resource Conservancy District.

b. A variance may only be issued subsequent to notification to neighbors located

within one thousand two hundred (1,200) feet of the outer boundaries of the

property and the approval of the Land Development Team. The notification shall

be mailed to all applicable neighbors and shall include the time, place and date

when the Land Development Team will determine whether to approve the variance.

c. A variance shall be applicable solely to the project described or the issue in question

and shall not amend this law nor establish precedence for lesser restrictions. Where

a variance does not continue in conformity with the conditions of the original

approval, the variance shall be terminated by the Land Development Team.

d. Approval of variances from the terms of this law shall not be in conflict with the

public interest.

e. The Land Development Team may attach conditions to variances to further the

purposes of this law. These conditions would be in addition to those required

elsewhere in this law. Non-conformance with any of these conditions shall be

deemed a non-conformance with the provisions of this law.

f. The determination of the Land Development Team on each variance shall be based

on the effect of the proposed project with respect to the spirit of this law. The Land

Development Team shall state in writing the grounds for refusing a variance. In

every case where a variance from the regulations of this law has been granted by

the Land Development Team, the minutes of the Land Development Team shall

affirmatively show that an unnecessary hardship exists, and the records of the Land

Development Team shall clearly show in what particular and specific respects an

unnecessary hardship is created. In addition, the record shall show any

recommendations made by parties of interest. Variances shall only be granted when

strict conformity with the regulations of this law are unnecessarily burdensome or

unreasonable in light of the special circumstances of a specific location or use, and

of the purposes and intent of this law.

g. Separate variances shall not be required for the same project if such a project

involves two (2) or more elements which require variances. However, before a

variance may be granted, all elements for which variances are requested shall be

addressed. If a variance(s) and a permit(s) are required for the same project, only

the variance need be issued. However, all elements for each request shall be

addressed.

h. In all cases in which variances are granted under the provisions of this section, the

Land Development Team shall require such evidence and guarantee as it may deem

to be necessary that the conditions designated in connection therewith, are being

and will be complied with.

i. The Land Development Team shall not have the power to:

1) Approve the establishment of a non-conforming use according to the district

regulations.

2) Alter the applicable requirements for the height, setback, yard, frontage, lot

area, and floor area standards by more than ten (10) percent of the distance or

area specified elsewhere in this Ordinance, except upon a showing by the

applicant that:

i. it is necessary to alter the requirements by more than ten (10) percent due

to the special circumstances or conditions that apply to the situation; and

ii. the alteration is of a specific nature; and

iii. the other requirements of this section, variances, have been met.

3) Grant a variance that will materially and adversely affect the health or safety of

persons residing or working in the neighborhood of the proposed use and will

be materially detrimental to the public welfare or injurious to property or

improvements in the neighborhood.

4) Grant a variance that will materially and adversely affect the cultural property

of the Nation.

17. REDUCTION OR JOINT USE. No lot, yard, parking area, building area or other

space shall be reduced in area or dimension so as not to meet the provisions of this

Ordinance. No part of any lot, yard, parking area or other space required for a structure

or use shall be used for any other structure or use.

18. AIRPORT APPROACH PROTECTION. No structure shall hereafter be

constructed, altered or located and no trees shall be allowed to grow to a height

exceeding 35' in the area surrounding an airport located on the Nation’s lands, defined

as a circle having its center-point at the crossing of the runways and measured outward

to a distance of 1/2 mile. Furthermore, no use may be made of land in any zone which

creates electrical radio interference, makes it difficult to distinguish airport lights,

impairs visibility in the vicinity of the airport or otherwise endangers the landing, taking

off or maneuvering of aircraft.

19. SEWAGE TREATMENT FACILITY ISOLATION. In order to minimize any

potential odor, noise and nuisances caused by sewage treatment facilities and to

enhance plant security and reliability, sewage treatment facilities shall be isolated from

commercial establishments and from buildings occupied or intended for residential use,

and from land, which is actively being developed for commercial or residential use.

The following separation distances shall be maintained:

a. 500 feet for mechanical treatment facilities, effluent holding and polishing ponds;

b. 500 feet for seepage cells, ridge and furrow systems and overland flow systems;

c. 750 feet for aerated lagoons;

d. 1,000 feet for off-site sludge holding facilities and spray irrigation systems; and

e. 1,500 feet for stabilization lagoons.

20. VIOLATIONS.

a. It shall be unlawful to construct or use any structure, land or water in violation of

any of the provisions of this Ordinance. In case of any violation, the Land

Development Team, Planning Administrator, or any property owner who would be

specifically damaged by such violation may institute appropriate action or

proceeding to enjoin a violation of this Ordinance.

b. The Planning Administrator or assignee is authorized to post an order stopping

work upon land, which has had a permit revoked or on land currently undergoing

activity in violation of this Ordinance. Notice is given by both posting upon the

land where the violation occurs with a stop work placard and by mailing a copy of

the order by certified mail to the person whose activity is in violation of this

Ordinance. The order shall specify that the activity must cease or be brought into

compliance immediately.

21. PENALTIES.

a. Any person, firm or corporation who fails to comply with the provisions of this

Ordinance shall upon conviction thereof be subject to one, or more of the following

penalties:

1) Forfeit not more than $200 and costs of prosecution for each violation, and in

default of payment of such forfeiture and costs may be imprisoned in the Nation

jail until payment thereof, but not exceeding 30 days. Each day a violation exists

or continues shall constitute a separate offense. Such fines and costs shall be

considered debt subject to collection by the Nation under the Claims Against

Per Capita ordinance, 2 HCC § 8.

2) Community service, the number of hours and location of such service to be

determined by the Court.

b. Any person who begins work on a structure or relocates a structure prior to

obtaining the required Land Use Permit shall be compelled to pay a penalty of ten

(10) times the effective permit fee. The penalty shall be considered Debt to the

Nation under the Claims Against Per Capita ordinance, 2 HCC § 8.

CHAPTER III

ZONING DISTRICTS

22. ESTABLISHMENT OF DISTRICTS.

a. Eleven zoning districts are provided as follows:

1) Residential (R-1).

2) Residential (R-2).

3) Recreational (R-3).

4) Business (B-1).

5) Industrial (M-1).

6) Industrial Extractive (M-2).

7) Agriculture (A-1).

8) Resource Conservancy (C-1).

9) Cultural (C-2)

10) Open Use District (O-1)

11) Overlay District (O-2)

b. Boundaries of these districts shall be established as shown on the map entitled

"Zoning Map of the Ho-Chunk Nation," which shall accompanies and be

incorporated as a part of this Ordinance by a separate act of the Legislature. Such

boundaries shall, to the extent possible, be construed to follow corporate limits;

U.S. public land survey lines; lot or property lines; centerlines of streets, highways,

alleys, easements and railroad rights-of-way or such lines extended; unless

otherwise noted on the zoning map.

c. Vacation of public streets and alleys shall cause the land vacated to be automatically

placed in the same district as the abutting side to which the vacated land reverts.

23. ZONING MAP.

a. A certified copy of the zoning map shall be adopted and approved by a separate act

of the Legislature, and shall be treated as part of this Ordinance. Once enacted it

shall bear upon its face the attestation of the Land Development Team, and shall be

available to the public in the office of the Register of Deeds.

b. Changes thereafter to the districts shall not be effective until entered and attested

on this certified copy.

24. RESIDENTIAL DISTRICTS.

a. R-1 RESIDENTIAL DISTRICT.

1) Principal Use. One family dwellings, including Conventional stick built and

Modular homes on permanent foundations.

2) Conditional Uses. See 33 and 34.

3) This district does not allow for the keeping of livestock or poultry unless

specific conditions are met, and after going through a conditional use hearing.

Examples of livestock are: cattle, horses, pigs, sheep, goats, chickens,

pheasants, geese, roosters, etc.

4) Lot.

i. Road frontage minimum – 80'.

ii. Average width minimum – 80'.

iii. Area minimum:

(a) Sewered Lot – 9,600 square feet.

(b) Unsewered Lot – 2 acres.

5) Yards.

i. Street minimum - Setback line as required by 37.

ii. Rear minimum - 20'.

iii. Side minimum - 10'.

6) Maximum Building Height. 35' or 2-1/2 stories.

b. R-2 RESIDENTIAL DISTRICT.

1) Principal Use. One and two family dwellings, including Conventional stick

built and Modular homes.

2) Conditional Uses. See 31 and 34.

3) This district does not allow for the keeping of livestock or poultry unless

specific conditions are met, and after going through a conditional use hearing.

Examples of livestock are: cattle, horses, pigs, sheep, goats, chickens,

pheasants, geese, roosters, etc.

4) Lot.

i. Road frontage minimum – 160'.

ii. Average width minimum – 160'.

iii. Area minimum:

(a) Sewered Lot – 9,600 square feet.

(b) Unsewered Lot – 2 acres.

5) Yards.

i. Street minimum – Setback line as required in 37.

ii. Rear minimum – 25'.

iii. Side minimum – 25'.

6) Maximum Building Height. 35' or 2-1/2 stories.

c. R-3 RECREATIONAL DISTRICT.

1) Principal Uses. Commercial recreational developments including but not

limited to, the development and operation of motels, hotels, one family

dwellings, condominiums, town houses, clubhouses, restaurants, bars, cocktail

lounges, service stations, sporting goods stores, barbershops, beauty shops,

financial and business offices, clothing stores, gift shops, theaters, grocery

stores, beverage stores, and such other business as may be necessary for the

operation and servicing of any recreational development and any accessory

facilities, structures or buildings required for recreational activities, including

swimming pools, saunas, ski lifts and tows, garages, golf courses, riding trails,

ski runs, tennis courts, hiking and snowmobile trails, archery and firearms

ranges, sports fields and gymnasiums.

2) Conditional Uses. Such accessory buildings and structures as may be

reasonable, necessary and desirable for any commercial recreational

development.

3) Lot and Yards.

i. All structures in any such commercial recreational development shall be set

back at least 100’ from any district boundary and 100’ from the setback line

as required by the Highway Setbacks section.

ii. All residential development within the commercial recreational

development shall comply with the minimum lot size and setbacks set forth

in the section on Establishment of Districts and all business development

within the commercial recreational development shall comply with the

minimum lot size set forth in Business Districts.

25. BUSINESS DISTRICT.

a. B-1 BUSINESS DISTRICT.

1) Principal Uses. Automotive dealerships; bakeries; barbershops; bars; beauty

shops; bowling alleys; broadcasting studios; business offices; car washes,

casinos, clinics; clothing stores; clubs; cocktail lounges; confectioneries;

convenience stores with gasoline; delicatessens; drugstores; eating and drinking

establishments, fish markets; florists; fraternities; fruit stores; furniture stores;

gas stations; gift stores; grocery stores; hardware stores; house occupations;

hobby shops; hotels; lodges; meat markets; optical stores; package beverage

stores; professional, governmental and business offices; restaurants; selfservice and pickup laundry and dry cleaning establishments; soda fountains;

sporting goods; supermarkets; tobacco stores; vegetable stores; appliance

stores; caterers; clothing repair shops; crockery stores; department stores;

electrical supply; financial institutions; food lockers; furniture stores; furniture

upholstery shops; heating supply; hotels; laundry and dry cleaning

establishments employing not over 7 persons; lawn and garden shops; liquor

stores; lumber yards; marine sales and service; motels; motorcycle sales and

service; music stores; newspaper offices and press rooms; nightclubs; office

supplies; outdoor storage; pawnshops; personal service establishments; pet

shops; places of entertainment; photographic supplies; plumbing supplies;

printing; private clubs; private schools; professional offices, publishing;

restaurants; secondhand stores; skating rinks; snowmobile sales and service;

sporting goods stores; theaters; trade and contractor's offices; upholsterer’s

shops; variety stores; and vehicle service shops. Existing residences shall

comply with all the provisions of the R-1 District.

2) Conditional Uses. See 33, 34 and 37.

3) Lot

i. Road frontage minimum – 80'.

ii. Average width minimum – 80’.

iii. Area minimum – 9,600 sq. feet.

4) Yards.

i. Street Minimum - Setback line as required in 39.

ii. Rear - 20'.

iii. Side - 10'.

5) Maximum Structure Height. 45' or 3 stories.

26. INDUSTRIAL DISTRICTS.

a. M-1 INDUSTRIAL DISTRICT.

1) Principal Uses. Manufacture, repair, fabrication, packing, packaging and

assembly of products; warehousing, wholesaling, freight terminals and

transshipment depots.

2) Conditional Uses. See 33and 36.

3) Lot.

i. Frontage Minimum:

(a) Sewered Lot – 80 feet

(b) Unsewered Lot – 200 feet

4) Area Minimum:

i. Sewered Lot – 9600 sq. feet

ii. Unsewered Lot – 2 acres

5) Yards.

i. Street minimum - 30' from setback line as required in 39.

ii. Rear minimum - 40'.

iii. Side minimum - 40'.

6) Maximum Structure Height. 45' or 3 stories.

b. M-2 INDUSTRIAL EXTRACTIVE.

1) Principal Uses. Operations for conversion of biofuels to biomass, non-metallic

mineral extraction operations and concrete products manufacturing.

2) Conditional Uses. Extension of legally existing Non-metallic mineral extraction

operations and the manufacturing of asphalt, concrete and concrete products or

the creations of such new extraction or manufacturing operations.

3) Yards. Minimum of 200' from any right-of-way or property lines. Minimum of

100' for accessory uses such as offices, parking areas and stockpiles.

4) Maximum Structure Height. 45'.

5) PROHIBITION OF METALLIC MINERAL AND FRAC SAND

EXPLORING, PROSPECTING AND MINING. Metallic mineral exploration,

prospecting, and mining are prohibited on all Ho-Chunk lands. Additionally,

under no circumstances shall the operation of silica and quartz sand mines (also

known as frac sand mines) be permissible within the jurisdiction of this

ordinance in accordance with Ho-Chunk Resolution 12-04- 12J. The areas

include both the above ground portion and the underground portion extending

vertically from the site boundaries.

i. DEFINITIONS. In Section Prohibition of Metallic Mineral and Frac Sand

Exploring, Prospecting and Mining, unless the context dictates otherwise,

the following definitions shall be used.

(a) DNR shall mean the Ho-Chunk Nation Division of Natural Resources

(b) EXPLORATION shall mean the onsite geological examination from the

surface of an area by core, rotary, percussion, or other drilling, where

the diameter of the hole does not exceed 18 inches, for the purpose of

searching for metallic minerals or establishing the nature of a known

metallic mineral deposit and includes associated activities such as

clearing and preparing sites or constructing roads for drilling. For the

purposes of the definition of exploration, geological examination does

not include drill holes constructed for the purpose of collecting soil

samples or for determining radioactivity by means of placement of

radiation-sensitive devices.

(d) METALLIC MINERAL MINING and MINING ACTIVITIES shall

include all exploration, prospecting and mining or mining operation

activities as defined herein.

(e) MINING or MINING OPERATION shall mean all or part of the process

in the mining of metallic minerals or frac sand other than for exploration

or prospecting, including commercial extraction, agglomeration,

beneficiation, construction of roads, removal of overburden, and the

production of refuse, and the disposal of mining waste.

(f) MINING WASTE means any refuse, sludge, or other discarded

material, including solid, liquid, and semisolid or contained gaseous

material, resulting from or used for metallic mineral or frac sand

prospecting or mining, or from the cleaning or preparation of metallic

minerals or frac sand during prospecting or mining operations. Typical

mining wastes include, but are not limited to, tailings, waste rock, mine

overburden, and waste treatment sludge.

(g) ORE shall mean minerals of all types of geological origin, which

contain a valuable component, such as a metal, this is extracted there

from and is worked accordingly for such value.

(h) PROSPECTING shall mean engaging in the examination of an area for

the purpose of determining the quality and quantity of minerals, other

than for exploration but including the obtaining of an ore sample, by

such physical means as excavating, trenching, construction of shafts,

ramps and tunnels and other means, other than exploration, which the

DNR, by rule, identifies, and the production of prospecting refuse and

other associated activities. "Prospecting" shall include such activities

when the activities, are, by themselves, intended for and capable of

commercial exploitation of the underlying ore body.

(i) PROSPECTING SITE shall mean an identified lot or parcel of land on

which prospecting is proposed to take place under the jurisdiction of

Ho-Chunk lands.

(j) SULFIDE ORE BODY, "Ore body" is a continuous well-defined mass

of material containing enough ore to make extraction economically

feasible. "Sulfide" is a mineral compound characterized by the linkage

of sulphur with a metal such as galena, Pbs, or pyrite, FeS2.

27. AGRICULTURAL DISTRICTS.

a. A-1 AGRICULTURE.

1) Principal Uses. Apiculture, dairying, floriculture, fishing and hunting wildlife

preserve, forestry, general farming, grazing, greenhouses, hatcheries,

horticulture, livestock raising, nurseries, orchards, paddocks, pasturage, poultry

raising, public parks and campgrounds, stables, truck farming, water retention,

utilities, viticulture, farm dwellings for those resident owners and laborers

actually engaged in the principal permitted uses, and wild crop harvesting

including marsh hay, ferns, moss, berries, fruit trees and seeds.

2) Conditional Uses. See 33, 24(c.) and 36.

3) Residential Lot.

i. Dwellings and mobile homes whose resident owners and laborers actually

engaged in the principal permitted uses are accessory uses and shall comply

with all the provisions of the R-1 Residential District.

ii. Road frontage minimum – 160'.

iii. Average width minimum – 160’.

iv. Area minimum – 2 acre.

4) Yard.

i. Street minimum - 25' from setback line required by 39.

ii. Rear minimum - 40'.

5) Side minimum - 40' for all buildings.

6) Maximum Structure Height. 60'.

28. RESOURCE CONSERVANCY DISTRICT.

a. C-1 RESOURCE CONSERVANCY.

1) Principal Uses. Fishing; hunting; buffer zone for preservation of cultural

property and historic, scenic, and scientific areas; public fish hatcheries, soil

and water conservation; sustained yield forestry; stream bank and lakeshore

protection; water retention; floodplain; wildlife preserves; public park and

campground.

2) Conditional Uses. Drainage; water measurement and control facilities; grazing;

accessory structures, such as hunting or fishing lodges; orchards, truck farming,

utilities and wild crop harvesting. These uses shall not involve the dumping,

filling, cultivation, mineral, soil or peat removal or any other use that would

disturb the natural fauna, flora, watercourses, water regimen or topography.

3) Structures. None permitted, except those housing essential services accessory

to the principal or conditional uses. No temporary or permanent residence shall

be permitted.

b. HO-CHUNK TRADITIONAL COURT TO RESOLVE DISPUTES. The

Department of Heritage Preservation has the ability to designate areas as cultural

property. In the event of a dispute as to whether a site is cultural property or of

historical significance to the Ho-Chunk Nation, the matter shall be referred to the

Ho-Chunk Traditional Court for its final determination.

29. CULTURAL DISTRICT.

a. C-2 CULTURE

1) Purpose. The purpose of the Cultural District is to impose a strict prohibition on

any residential or commercial development, mining, forestry, and agriculture in

order to utilize and maintain areas which may contain wildlife, natural

preserves, medicinal vegetation, cultural gathering activities, designated

ceremonial areas, water protection areas, or cultural and historic resources.

2) Principle Uses. The following principle uses are permitted in the Cultural

District:

i. Cultural and ceremonial activities.

ii. Cultural and ceremonial education activities.

iii. Fish, forest, wildlife, and vegetative management uses customarily

associated with such principle uses.

iv. Other uses customarily associated with principle uses.

3) Conditional Uses. See 37.

4) Structures. Such primary and ancillary structures that house essential services

accessory to the principal or conditional uses.

Lots and Yards. All structures and land use in any such cultural district shall

comply with all such local, state, and federal provisions that protect areas of

cultural or historical significance.

30. OPEN USE DISTRICTS.

a. O-1 OPEN USE DISTRICT

1) Principle Uses. Zoning and Use has yet to be determined. However, in no

instance shall it be permissible to use in a manner already prohibited by this

ordinance. Additionally, any use must be in compliance with Ho-Chunk Nation,

municipal,

state

ordinances

and

regulations.

31. OVERLAY DISTRICTS.

a. O-2 OVERLAY DISTRICT

1) Purpose. The purpose of an overlay district is to restrict permitted uses of an

underlying district. All uses allowed in the underlying district shall continue to

be permitted, provided that the use meets the restrictions of any applicable

district overlay.

b. ESTABLISHMENT OF OVERLAY DISTRICTS

1) Overlay districts are as Follows:

i. CPO Cultural Preservation Overlay District

ii. APO Agricultural Preservation Overlay District

iii. EPO Environmental Preservation Overlay District

c. CPO CULTURAL PRESERVATION OVERLAY DISTRICT

1) Purpose. The purpose of the Cultural Preservation Overlay District

(Hereinafter “CPO District”) is intended to:

i. Promote the use of land for cultural and ceremonial activities.

ii. Promote the use of land for cultural and ceremonial education activities.

iii. Protect cultural and historically significant land.

iv. Maintain a viable land base that supports fish, forestry, wildlife, and

vegetative use customarily associated with cultural and ceremonial

activities.

v. Prevent conflicts between incompatible land uses.

vi. Protect land from encroachment by structures or activities not associated

with cultural or ceremonial uses.

vii. Maintain cultural, historic, natural, and scenic qualities of land.

2) Cultural Preservation Overlay District Description

i. The CPO District boundary is established as an overlay district covering

land zoned R-1, R-2, R.-3, B-1, M-1, M-2, A-1, C-1, O-1, and mapped

according to the following criteria:

(a) Parcels of land intended to be used for cultural or ceremonial use.

(b) Parcels of land intended to protect areas of cultural or historical

significance.

and vegetative use associated with cultural or ceremonial activities.

(d) Parcels of land following local, state, and federal provisions to protect

areas of cultural and historical significance.

3) Heirship, Allotment, and Homestead landowners whose land has been mapped

as part of a CPO District may be exempted from the provisions of this section

according to the established processes of the Land Plan Commission.

4) Heirship, Allotment, and Homestead landowners whose land has not been

mapped as part of a CPO District may request coverage of this section

according to the established processes of the Land Plan Commission.

5) Permitted Uses. The permitted uses within a CPO District follow the same

permitted uses of the underlying district with Cultural District permitted uses

holding precedence, and:

i. Such uses are in accordance with local, state, and federal provisions to

protect areas of cultural and historical significance.

ii. Such uses are in accordance with the established processes of the Land

Plan Commission.

d. APO AGRICULTURE PRESERVATION OVERLAY DISTRICT

1) Purpose. The purpose of the Agriculture Preservation Overlay District

(Hereinafter “APO District”) is intended to:

i. Promote the use of land for agricultural activities.

ii. Promote the use of land for agricultural education activities.

iii. Protect cultural, historically significant, and agricultural land.

iv. Develop and maintain a viable land base that supports use customarily

associated with agricultural activities.

v. Prevent conflicts between incompatible land uses.

vi. Protect land from encroachment by structures or activities not associated

with cultural, ceremonial, or agriculture uses.

vii. Maintain cultural, historic, natural, scenic, and environmental qualities of

land.

2) Agriculture Preservation Overlay District Description

i. The APO District boundary is established as an overlay district covering

land zoned R-1, R-2, R.-3, B-1, M-1, M-2, A-1, C-1, O-1, and mapped

according to the following criteria:

(a) Parcels of land intended to be used for agricultural use.

(b) Parcels of land intended to protect areas of cultural, historical,

environmental, or agricultural significance.

shorelines, forestry, wildlife, and vegetative use associated with

agricultural activities.

(d) Parcels of land following local, state, and federal provisions to protect

areas of cultural, historical, environmental, and agricultural

significance.

3) Heirship, Allotment, and Homestead landowners whose land has been mapped

as part of an APO District may be exempted from the provisions of this

section according to the established processes of the Land Plan Commission.

4) Heirship, Allotment, and Homestead landowners whose land has not been

mapped as part of an APO District may request coverage of this section

according to the established processes of the Land Plan Commission.

5) Permitted Uses. The permitted uses within a APO District follow the same

permitted uses of the underlying district with Agricultural District permitted

uses holding precedence, and:

i. Such uses are in accordance with local, state, and federal provisions to

protect areas of cultural, historical, environmental, and agricultural

significance.

ii. Such uses are in accordance with the established processes of the Land

Plan Commission.

e. EPO ENVIRONMENTAL PRESERVATION OVERLAY DISTRICT

1) Purpose. The purpose of the Environmental Preservation Overlay District

(Hereinafter “EPO District”) is intended to:

i. Promote the use of land for environmental activities.

ii. Promote the use of land for environmental education activities.

iii. Protect cultural, historically significant, geologic, and natural areas.

iv. Develop and maintain a viable land base that supports use customarily

associated with environmental activities.

v. Prevent conflicts between incompatible land uses.

vi. Protect land from encroachment by structures or activities not associated

with cultural, ceremonial, agriculture, or environmental uses.

vii. Maintain cultural, historic, natural, scenic, and environmental qualities of

land.

2) Environmental Preservation Overlay District Description

i. The EPO District boundary is established as an overlay district covering

land zoned R-1, R-2, R.-3, B-1, M-1, M-2, A-1, C-1, O-1, and mapped

according to the following criteria:

(a) Parcels of land intended to be used for environmental use.

(b) Parcels of land intended to protect areas of cultural, historical,

environmental, or agricultural significance.

shorelines, forestry, wildlife, and vegetative use associated with

environmental activities.

(d) Parcels of land following local, state, and federal provisions to protect

areas of cultural, historical, environmental, and agricultural

significance.

3) Heirship, Allotment, and Homestead landowners whose land has been mapped

as part of an EPO District may be exempted from the provisions of this

section according to the established processes of the Land Plan Commission.

4) Heirship, Allotment, and Homestead landowners whose land has not been

mapped as part of an EPO District may request coverage of this section

according to the established processes of the Land Plan Commission.

5) Permitted Uses. The permitted uses within a EPO District follow the same

permitted uses of the underlying district with Environmental District

permitted uses holding precedence, and:

i. Such uses are in accordance with local, state, and federal provisions to

protect areas of cultural, historical, environmental, and agricultural

significance.

ii. Such uses are in accordance with the established processes of the Land

Plan Commission.

CHAPTER IV

CONDITIONAL USES

32. REVIEW AND APPROVAL.

a. The Land Development Team shall review the site, existing and proposed

structures, architectural plans, neighboring uses, parking areas, driveway locations,

highway access, traffic generation and circulation, drainage, sewerage and water

systems and the proposed operation.

b. Any development within 660' of the existing or proposed rights-of-way of

freeways, expressways, interstate and controlled access traffic ways and within

1,500' of their existing or proposed interchange or turning lane rights-of-way shall

be specifically reviewed by the highway agency that has jurisdiction over the traffic

way. The Land Development Team shall request such review and await the

highway agency's recommendations for a period not to exceed 60 days before

taking final action. After which the Nation or the Land Development Team shall

negotiate with such agency.

c. Conditions, such as landscaping, architectural design, type of construction,

construction, commencement and completion dates, sureties, lighting, fencing,

planting screens, operational control, hours of operation, improved traffic

circulation, deed restrictions, highway access restrictions, increased yards or

parking requirements may be required by the Land Development Team upon its

finding that these are necessary to fulfill the purpose and intent of this Ordinance.

d. Compliance with all other provisions of this Ordinance, such as lot width and area,

yards, height, parking, loading, traffic, highway access and performance standards

shall be required of all conditional uses.

e. Any use listed, as a conditional use in this Ordinance shall be permitted only upon

application to the Planning Administrator and issuance of a special use permit by

the Land Development Team. A special use permit shall be issued only upon

satisfaction of the requirements listed herein in addition to all other requirements

of this Ordinance. All such uses are hereby declared to possess such unique and

special characteristics that each specific use shall be considered as an individual

case. Before issuing a special use permit, the Land Development Team shall hold a

public hearing.

33. PUBLIC AND SEMIPUBLIC USES. The following public and semipublic uses shall

be conditional uses and may be permitted as specified.

a. Airports, airstrips and landing fields in the A-1 District, providing that these

facilities meet the regulations contained in Ch. 114 and 135 and 136, Wis. Stats.

b. Governmental and public uses, such as fire and police stations, community centers,

libraries, public emergency shelters, parks, playgrounds and museums in all

residential, business and industrial districts.

c. Utilities in all districts provided all principal structures and uses are not less than

50' from any residential district lot line.

d. Public passenger transportation terminals, such as heliports, bus and rail depots,

except airports, airstrips and landing fields, in theB-1 Business District and the M1, M-2 Industrial Districts provided all principal structures and uses are not less

than 100' from any residential district boundary.

e. Public, parochial, private elementary and secondary schools and churches in the R1,R-2, A-1 Districts, provided the lot area is not less than one acre and all principal

structures and uses are not less than fifty (50) feet from any residential district

boundary.

f. Colleges; universities; hospitals; sanitariums; religious, charitable, penal and

correctional institutions; cemeteries and crematories in the A-1 District, provided

all principal structures and uses are not less than 50' from any lot line.

34. RESIDENTIAL USES. The following residential and quasi-residential uses shall be

conditional uses and may be permitted as specified:

a. Planned residential developments, such as cluster developments, garden

apartments, manufactured or mobile homes, row housing and group housing in the

R-1 and R-2 Residential Districts.

b. The proper preservation, care and maintenance by the original and all subsequent

owners of the exterior design; all common structures, facilities, utilities, access and

open spaces shall be assured by deed restrictions enforceable by the Nation.

c. Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R1 and R-2 Residential Districts provided all principal structures and uses are not

less than 25' from any lot line.

d. Rest homes, nursing homes, homes for the aged, clinics and children's nurseries in

the R-1 or R-2 Residential Districts provided all principal structures and uses are

not less than 50' from any lot line.

e. Home occupations and professional home offices in the R-1 and R-2 Residential

Districts, unless the operation of the home occupation or professional office alters

the existing structure or structures on the property. Such alteration for the purpose

of operating a home business is prohibited.

f. Two family and multiple family dwellings in the R-1 and R-2 Residential Districts.

g. Manufactured/mobile homes and travel trailers in the R-1, R-2, R-3, and A-1

Districts provided that such homes comply with IHS guidelines and meet the

following additional requirements:

1) REQUIREMENTS

i. Maximum number of mobile home sites. – 2 per acre.

ii. Minimum width of a mobile home site. – 40'.

iii. Maximum height of a mobile home trailer. – 15'.

iv. Minimum distance between mobile home trailers. – 20'.

v. Minimum distance between mobile home and service road. – 10'.

vi. Minimum side yard setback. 40' at all front, side and rear lot lines.

vii. DRAINAGE. Every manufactured/mobile home and travel trailer shall be

located on a well-drained area, and the premises shall be properly graded so

as to prevent the accumulation of storm or other waters. No unit shall be

located in an area that is situated so that drainage of contaminated liquids

or solids can be deposited on its location or adjacent property.

viii. SPACE AND SETBACKS.

(a) Each space for which a manufactured/mobile home is located shall be

of an area of not less than 4000 square feet. The unit shall not occupy in

excess of one-third of the area of the site, and the unit including all

accessory structures shall not occupy more than one-half of the area of

the site.

(b) No manufactured/mobile home or accessory structure shall be located

closer than 5' to any other space. No unit shall be located closer than the

permitted setback, as established by statute, Ordinance, or local

jurisdiction, to the right-of-way line of a public street.

ix. PARKING.

(a) For each manufactured/mobile home there shall be a graveled or paved

parking area of at least 350 square feet.

(b) Parking areas shall be maintained in good condition and have adequate

drainage. Unlicensed vehicles and collection of personal property, junk

or debris shall not be permitted on manufactured/mobile home sites.

x. OTHER USES PROHIBITED.

(a) Operation of any business activity is prohibited on sites where

manufactured or mobile home are located.

xi. WATER SUPPLY.

(a) Public supply. When a public water supply is available to the

manufactured/mobile home, connection and use are required.

(b) Private wells. A private owned well is permitted as a source of water

when a public water facility is not available to the manufactured/mobile

home. The well shall be located on the premises and shall be constructed

and the pump installed in accordance with applicable Nation, state, and

federal law governing well drilling and

pump installation. Whenever safe water cannot be obtained consistently

from a well constructed in apparent compliance such law, as evidenced

by unsafe laboratory reports, the well must be reconstructed or a new

well constructed in accordance with the requirements of the Division of

Natural Resources. However, if the reconstruction or new construction

is determined to be impractical or is found to be ineffective, the use of

the well shall be discontinued. The water supply shall be sampled at

least quarterly for microbial contamination. Chemical samples shall be

analyzed according to Ch. 109 of Wis. Adm. Code. Water sample results

must be supplied to the Division.

site.

xii. SEWAGE DISPOSAL.

(a) Public System. When public sewage facilities are available to the

manufactured/mobile home, connection and use are required.

(b) Private System. Private sewage disposal system as defined in S.

145.01 (12) Stats. are permitted when a public sewer facility is not

available to the premises. The system shall be located on the premises

and shall be designed, constructed, and operated in accordance with S.

144.245 Stats. And Chs. DCOMM 82 and 83. Plans and installation

details covering the design and construction, alteration, or extension of

private sewage disposal systems shall be approved by the Ho-Chunk

Nation Division of Environmental Health and Land Development

Team. Prior to construction, sanitary permits are required for any work

done to a private sewage system.

xiii. MISCELLANEOUS PROVISIONS.

(a) USE OF SETBACK ZONES. No occupied or unoccupied

manufactured/mobile home, or recreational vehicle, shall be located

between the established setback lines for the zoning district in which

such structure is located and the street, highway, lot line, stream or lake.

(b) SKIRTING. Skirting, specifically designed for mobile homes or other

material to enclose the area between the ground and the bottom of the

home, is to be done within two weeks after parking.

cooking, are prohibited. Burning barrels are prohibited.

xiv. TEMPORARY LOCATION.

(a) Manufactured/mobile homes and travel trailers shall be permitted in the

R-1, R-2, R-3, and A-1 Districts without a Conditional Use Permit for a

period not to exceed twenty-five (25) total days within a one year period.

(b) Travel trailers or camping units shall be permitted in the R-1, R-2, R- 3,

and A-1 Districts without a principal structure being present under the

following conditions:

(i) Travel trailers or camping units are allowed on property as long as

each unit is registered with the Register of Deeds.

(ii) Travel trailers/camping units must be registered with the Register

of Deeds and the appropriate registration fee as established by the

Land Development Team must be paid by January 31 of each year.

(iii)Arrangements are to be made for the proper handling and removal

of all garbage and trash.

(iv) Occupation of a travel trailer/camping unit by a person having no

other primary residence or abode at the time the unit is so occupied

is prohibited.

xv.

REMOVAL. Any abandoned, dilapidated, unsafe or unsanitary

manufactured/mobile home or travel trailer will be ordered removed by

the Ho-Chunk Nation Trial Court. The removal will be expected within

thirty (30) days from the notice received from the Court. Any person, firm,

or corporation who fails to comply with a removal order shall be in

violation of this Ordinance and will be subject to Section 21(a)(1) of the

Penalties section and fined $200 per day that the manufactured/mobile

home or travel trailer is not removed.

xvi. STORAGE. Travel trailers/camping units may be stored or parked on

property under the following conditions:

(a) The property contains a principal structure being a dwelling or

residence, which is occupied by the owner of the travel trailer/camping

unit at least 51% of the year.

(b) The property is correctly zoned for the principal structure.

it be leveled and skirted. The wheels and tongue apparatus must remain

on the unit.

xvii. The Division of Natural Resources staff has the right to access property

during reasonable business hours for the purpose of verifying registration

of travel trailers/camping units and for visual checks on the maintenance

or upkeep of the property and the units.

35. HIGHWAY ORIENTED USES. The following commercial uses shall be conditional

uses and may be permitted as specified:

a. Drive-in theaters in the B-1 Business District, provided that a planting screen at

least 25' wide is created along any side abutting a residential district and no access

is permitted to or within 1,000' of an arterial street.

b. Drive-in establishments serving food or beverages for consumption outside the

structure in the B-1 Business District.

c. Motels in the B-1 Business District.

d. Funeral homes in the B-1 Business District, provided all principal structures and

uses are not less than 25' from any lot line.

e. Drive-in banks in the B-1 Business District.

f. Tourist homes in the B-1 Business District.

g. Vehicle sales, service, washing and repair stations, garages, taxi stands and public

parking lots in all business districts, provided all gas pumps are not less than 30'

from any side or rear lot line and 20' from any existing or proposed street line.

h. Any development within 660' of the existing or proposed rights-of-way of

freeways, expressways, interstate and controlled access traffic ways and within

1,500' of their existing or proposed interchange or turning lane rights-of-way shall

be deemed to be conditional uses. No structures shall be erected closer than 100' to

their rights-of-way.

36. INDUSTRIAL AND AGRICULTURAL USES. The following industrial and

agricultural uses shall be conditional uses and may be permitted as specified:

a. Animal hospitals in the A-1 District, provided the lot area is not less than 3 acres

and all principal structures and uses are not less than 100' from any residential

district.

b. Dumps, disposal areas, incinerators and sewage disposal plants in the A-1 Districts.

c. Commercial butchering or rendering of animals or fowl and commercial raising or

propagating of mink, dogs and fox in A-1 District. Pea vineries and dairy plants in

the A-1 District.

d. Outside storage, manufacturing, junk and salvage yards in any District:

1) Permit Required: No person shall use any building or premises for the buying,

selling, gathering, delivery, shipping, storing or salvaging of old iron, bottles,

paper, rags, vehicles or other materials commonly included in the term "junk"

without obtaining a land use permit for the operation of a junk yard and salvage

yard. Storage of three (3) or more unlicensed or inoperable vehicles on the same

premises shall be prima facie evidence of operation of a junk or salvage yard.

2) Application: Application for a permit hereunder shall be made in writing to the

Planning Administrator stating:

i. The location and description of the premises to be permitted.

ii. The nature of the business to be conducted on the premises.

iii. The type of construction of any buildings to be used in connection with the

business.

iv. The applicant's name and address; and if a firm or corporation, the names

and addresses of all officers thereof.

3) Permit Fee and Term: The fee for a permit issued hereunder shall be in the

amount set by the Land Development Team. Permits shall expire if the use of

the property is discontinued for twelve (12) consecutive months. The permit

may then be renewed only upon approval by the Land Development Team and

after holding a public hearing.

4) Location: No junk or salvage yard shall be located within seven hundred fifty

(750) feet of any residence, other than the owner of the premises, or any

residential or business district; and within one hundred fifty (150) feet from a

lake, river or stream. No junk or salvage yard shall be carried on within five

hundred (500) feet of any Ho-Chunk Nation, federal, state or Nation highway

right-of-way; or within one hundred fifty (150) feet of any town road, highway

or street right-of-way.

5) Screening Requirements: Junk and salvage yards shall be surrounded by a solid

fence which is conducive to the surrounding area or an evergreen

planting screen completely preventing a view from any other property or

public right-of-ways.

6) Operation: The operation of the yards shall comply with Section Use

Restrictions of this Ordinance and also with Sections 84.31 and 175.25 of the

Wisconsin Statutes. The nonconforming yards shall comply with Section

84.31(4) of the Wisconsin Statutes.

7) Commercial service facilities, such as restaurants and fueling stations in the M1 District.

8) Rural retailing, processing and production are allowed in the A-1 District as a

conditional use.

37. RECREATION USES.

a. The following public recreational facilities shall be conditional uses and may be

permitted as specified: archery ranges, bathhouses, beaches, boating, camps,

conservatories, driving ranges, firearm ranges, golf courses, gymnasiums, hunting,

ice boating, marinas, music halls, polo fields, pools, riding academies, skating rinks,

sport fields, stadiums, swimming pools and zoological and botanical gardens in

any district provided that the lot area is not less than 3 acres and all structures are

not less than 50' from any district boundary.

b. Commercial recreation facilities, such as arcades, bowling alleys, driving ranges,

gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, race

tracks, rifle ranges, skating rinks and theaters are conditional uses and may be

permitted in the B-1 Business District.

c. Commercial entertainment facilities such as exotic and cabaret-type dance halls,

Turkish baths, adult entertainment, and massage/masseuse facilities are conditional

uses and may be permitted in the B-1 District.

38. COMMUNICATION/CELLULAR TOWERS. Communication/Cellular towers,

which are greater than 100 feet in height including all ancillary equipment, are allowed

in the A-1, B-1, M-1, M-2, O-1 Districts as a conditional use provided all of the

following are met:

a. Federal Aviation Administration (FAA) and Federal Communications Commission

(FCC) approval of a proposed site and town construction plans shall be made part

of the application.

b. Documentation, from the applicant and verified by an independent consultant

designated by the Nation and paid for by the applicant, that co-location on existing

towers at standard market rates within a ten (10) mile radius of the proposed site is

not possible. Documentation may be in the form of letters from

existing tower owners that the existing towers are not structurally capable of

handling additional equipment nor of an acceptable height to accommodate the

needs of the applicant. Monopole and stealth tower design shall be utilized when

possible and will also be evaluated for feasibility by the consultant designated by

the Nation and paid for by the applicant. All current and future legal fees associated

with this Ordinance shall be the sole responsibility of the applicant or future owners.

c. A map showing a proposed grid of any future towers in the applicant’s current

phase or project.

d. A statement from the owner/operator that shall say that the tower will be

constructed to accommodate at least three (3) additional carriers in addition to the

anchor tenant. The tower cannot be constructed in a manner that allows only partial

carrier installation and not full broadband systems. Additional carrier space shall

be made available to commercial users at competitive rates.

e. A plan for abandonment, included in the leasing arrangement, and a bond or letter

of surety as required by the Land Development Team shall be part of the application

to cover the cost of abandonment should the applicant default. Notification shall be

made to the Ho-Chunk Nation Register of Deeds whenever transfer in ownership

of the facility or appurtenant equipment is made. A performance bond or letter of

surety shall be required of all future owners, heirs or assignees in the event an owner

defaults, so that the Nation will recover costs associated with abandonment of the

tower. An engineered study assigning a value of the abandonment shall be made

part of the initial application process.

f. Lighting and painting of towers shall conform to all Federal Aviation

Administration (FAA) standards. Flashing or strobe lights shall be installed only if

required by FAA regulations and if specified in the application. Strobe lights shall

not be used during hours of darkness unless required by FAA standards.

g. Auxiliary uses and structures associated with the tower such as receivers,

transmitters, sheds, buildings, guy wires, lighting, fences and other equipment shall

be depicted on the application. All structures, towers and guy wires shall be fenced

and properly maintained so as to protect the property owner as well as against the

liability of damage that could affect the tower, structures, fencing and guy wires.

Wisconsin Statutes 66.96 shall apply to the control of noxious weeds on the

premises.

h. There shall be no change in the height of the tower, lighting, or light intensity,

facility use or other changes in a tower or appurtenant structure unless modification

of the original conditional use permit is obtained from the Nation’s Land

Development Team, through the regular conditional use permit process.

i. Setbacks from all property lines, residential structures and highway right-of-ways

for all towers, except non-commercial towers less than 100 feet in height, shall be

a minimum of fifty (50) feet plus the height of the tower. All guy wires, supports,

anchors or structures associated with a communication tower under this section

shall be located a minimum of fifty (50) feet from any property boundary. The

height of the tower shall include all antennas, lighting rods and other equipment.

j. Access to the site/facility shall be constructed and maintained in a manner designed

to provide maneuverability for service and emergency response vehicles. Inability

to access the tower or equipment site(s) because of poor road construction and/or

poor road maintenance shall be at the discretion of the responding agency(s) for

that jurisdictional area.

k. This list of standards shall in no way limit additional conditions or requirements

that the Nation’s Land Development Team may require prior to acting on an

application.

CHAPTER V

TRAFFIC, PARKING AND ACCESS

39. HIGHWAY SETBACKS. For the purpose of determining the distance buildings and

other structures shall be set back from the streets and highways of the Nation, the

highways of the Nation are divided into the following classes:

a. CLASS A HIGHWAYS.

1) All Ho-Chunk Nation, state and federal highways are hereby designated as

Class A highways.

2) The setback line for Class A highways shall be 110' from the centerline of the

highway or 50' from the right-of-way line, whichever is greater.

3) Service roads to Class A highways shall be considered as Class C highways for

the purpose of determining the setback along such service roads.

b. CLASS B HIGHWAYS.

1) All Nation trunks are hereby designated as Class B highways. For the purpose

of this subchapter, any road will be considered as a Nation trunk after it has

been placed on the Nation trunk systems approved by Bureau of Indians Affairs

(BIA) Roads Division.

2) The setback for Class B highways shall be 75' from the centerline of such

highway or 42' from the right-of-way line, whichever is greater.

c. CLASS C HIGHWAYS.

1) All town roads, streets and highways not otherwise classified are herebydesignated Class C highways.

2) For all Class C highways setback lines are hereby established parallel to and

distant

3) 63' from the centerline of such highway or 30' from the right-of-way line,

whichever is greater.

d. LESSER SETBACKS. Lesser setbacks on Class A and Class B highways can only

be allowed by the Nation’s BIA Roads Division, even if there is an established

building line by an adjacent structure. On Class C highways lesser setbacks can be

allowed in cases of unusual topography or existing patterns of development, as long

as the adjacent structures are main buildings (ex. house, cabin, etc.).

40. VISION CLEARANCE AT INTERSECTIONS. In each quadrant of every highway

intersection or intersection of a road with a railroad there shall be a vision clearance

triangle bounded by a straight line connecting them 150' from their intersection.

41. OBJECTS PERMITTED WITHIN HIGHWAY SETBACK LINES AND

VISION TRIANGLES. No structure shall be permitted within a setback line, except:

a. Open fences.

b. Telephone, telegraph and power transmission poles, lines and portable equipment

and livestock housings that are readily removable in their entirety.

c. The planting and harvesting of field crops, shrubbery and trees, except that no trees

or shrubbery shall be planted within a vision clearance triangle so as to obstruct the

view.

d. Those signs, which are, permitted elsewhere in this Ordinance.

42. LOADING REQUIREMENTS. In all districts adequate loading areas shall be

provided so that all vehicles loading, maneuvering or unloading are completely off the

public ways and all vehicles need not back out on any public way.

43. PARKING REQUIREMENTS. In all districts and in connection with every use there

shall be provided at the time any use or building is erected, enlarged, extended or

increased off-street parking stalls for all vehicles in accordance with the following:

a. Size of each parking space shall be not less than 180 sq. ft. exclusive of the space

required for ingress and egress.

b. Location to be on the same lot as the principal use or not over 400' from the principal

use. No parking stall or driveway except in residential districts shall be closer than

25' to a residential district lot line or a street line opposite a residential district.

c. All off-street parking areas shall be graded and surfaced so as to be dust free and

properly drained. Any parking area for more than 5 vehicles shall have the aisles

and spaces clearly marked.

d. Curbs or barriers shall be installed so as to prevent the parked vehicles from

extending over any lot lines.

e. Number of parking stalls required is shown in the following table:

Use

Minimum Parking Required

Single family dwellings and

mobile homes

2 stalls for each dwelling unit

Multi-family dwellings

1.5 stalls for each dwelling unit

Hotels, motels

1 stall for each guest room plus1 stall

or each 3 employees

Hospitals, clubs, lodges, sororities,

dormitories, lodging and boarding houses

1 stall for each 2 beds plus 1

stall for each 3 employees

Sanitarium, institutions,

rest and nursing homes

1 stall for each 5 beds plus 1

stall for each 3 employees

Medical and dental clinics

3 stalls for each doctor

Churches, theaters, auditoriums,

community centers, vocational and

night schools and other places of

public assembly

1 stall for each 5 seats

Colleges, secondary and elementary

schools

1 stall for each 2 employees

Restaurants, bars, places of

entertainment, repair shops, retail of floor space

and service stores

1 stall for each 150 sq. ft.

Manufacturing and processing plants,

1 stall for each 3 employees

laboratories, warehouses

Financial institutions, business,

government and professional offices of floor area

1 stall for each 300 sq. ft.

Funeral homes

1 stall for each 4 seats

Bowling alleys

3 stalls for each alley

f. In the case of structures or uses not mentioned, the provision for a use, which is

similar, shall apply.

g. Combinations of any of the above uses shall provide the total of the number of stalls

required for each individual use.

44. DRIVEWAYS. All driveways installed, changed, replaced or extended after the

effective date of this Ordinance shall meet the following requirements:

a. Driveways/Access. Any area where travel occurs from a public road over land,

whether by ownership or easement, not considered being part of the public road for

the purpose of gaining access to land or improvements.

b. All new driveways proposed to be installed shall be subject to an inspection and

approval by the Land Development Team. Any existing driveway serving open land

without improvements and proposed to be converted to a driveway to serve one or

more structures also must be approved by the Land Development Team prior to the

Building Permit being issued.

c. The applicant who may be the owner, agent, or contractor shall submit a location

plan with their Land Use or Building Permit application. The plan must show the

width, length, slope and erosion control measures, if required.

d. Authorization for a driveway is subject to Land Development Team approval

wherein located. Land Development Team reserves the right to charge a fee for the

inspection and issuance of permits for the proposed driveway. The Land

Development Team may require culverts to be installed at specific locations. If

culverts are required, the minimum diameter shall be 12". The BIA Roads Division

must be consulted on the installation of any culverts. Illegal culverts will be

removed at the owner's expenses.

e. The following specifications apply:

1) Minimum of 6' from property lines

2) Minimum of 15' between all driveways

3) Minimum road surface width 12' for one and two family dwellings.

4) Minimum road surface width of 24' for all commercial or business operations.

5) Openings for vehicle ingress and egress shall not exceed 24' at the street line

and30' at the roadway.

f. Vehicular entrances and exits to drive-in theaters, banks, and restaurants; motels;

funeral homes; vehicular sales, service, washing and repair stations; garages; or

public parking lots shall be not less than 200' from any pedestrian entrance or exit

to a school, college, university, church, hospital, park, playground, library, public

emergency shelter or other place of public assembly.

g. Authorization for shared driveways, which would run along property lines can be

granted by the Nation’s Land Development Team in cases where access may be

limited due to topography, limited highway accesses, etc.

45. HIGHWAY ACCESS REQUIREMENTS. No direct private access shall be

permitted to the existing or proposed rights-of-way of expressways, or to any controlled

access arterial street without permission of the highway agency that has access control

jurisdiction. No direct public or private access shall be permitted to the existing or

proposed rights-of-way of the following:

a. Freeways, interstate highways and their interchanges or turning lanes, nor to

intersecting or interchanging streets within 1,500' of the most remote end of the

taper of the turning lanes.

b. Arterial streets intersecting another arterial street within 100' of the intersection of

the right-of-way lines.

c. Streets intersecting an arterial street within 50' of the intersection of the right-ofway lines. Access barriers, such as curbing, fencing, ditching, landscaping or other

topographic barriers shall be erected to prevent unauthorized vehicular ingress or

egress to the above specified streets or highways.

d. Temporary access to the above rights-of-way may be granted by the Land

Development Team after review and recommendation by the highway agencies

having jurisdiction. Such access permit shall be temporary, revocable and subject

to any condition required and shall be issued for a period not to exceed 12 months.

46. INTERCHANGE AREA OVERLAY ZONE.

a. PURPOSE. To supplement the controls of the underlying primary zoning districts

by providing special regulations as required by the unique characteristics of land

development, traffic generation and movement in interchange area.

b. APPLICATION. The general standards set forth hereunder apply to all lands within

the delineated areas surrounding any existing or planned highway interchange and

shall be overlaid upon the primary zoning districts already applied to the same

lands. In the event of conflicting standards between the underlying zoning and the

interchange overlay regulations, the more restrictive will apply.

c. DELINEATION. Minimum coverage shall extend one mile on each side of the

interchange; i.e., 2 corridors one mile long and 1/2 mile wide, one along each side

of the intersecting highway measured from the center of the interchange.

47. STANDARDS FOR INTERCHANGE AREA OVERLAY ZONING.

a. ACCESS CONTROL ON INTERSECTING HIGHWAY.

1) Dual lane highway or free flowing ramp, no access within 1,000' of most remote

end of taper.

2) Other intersection highways, no access within 500' minimum, with 1,000'

desirable.

3) No access point closer than 1,000' to another, 600' minimum.

4) Access on opposite sides of the highway shall be:

i. Directly opposite each other or opposite a median crossover; or

ii. Separated by at least 300' of lateral distance.

5) Frontage roads shall be utilized wherever practicable, particularly in

nonresidential areas, to minimize the number of direct access points to the

intersection highway.

6) In residential areas lots shall back on the intersecting highway to minimize

direct access thereto, wherever practicable.

b. SETBACKS.

1) From an intersecting highway, 160' from the centerline or 80' from the rightof-wayline, whichever is greater.

2) From a frontage road, 30' from the right-of-way.

c. VISION TRIANGLES.

1) At public street openings and railroad crossings on the intersecting highway,

preservation of area bounded by intersecting right-of-way lines and a vision

setback line connecting points on each right-of-way line which are located 250'

from the intersection of the centerline of the nearer roadways.

2) No structure, growth, parked vehicle or other obstruction shall be permitted

within the vision triangle between 2-1/2 and 10' above the highway centerline

elevation.

d. PARKING AND LOADING.

1) All truck loading areas shall be completely off the public streets and so designed

that trucks need not park, back into or back from a public way, nor block or

endanger pedestrian or vehicular traffic on streets, sidewalks or private

property.

2) Off-street parking areas should be sufficient to accommodate all foreseeable

parking demands. Parking areas shall be designed to allow on-site temporary

storage areas for vehicles entering and desiring to park, thus eliminating use of

highway rights-of-way by vehicles awaiting entrance to the site.

e. SIGNS.

1) All non-directory signs shall be prohibited.

2) The size and number of off-premises directory signs per establishment shall be

limited to 150 sq. ft. and one per quadrant.

3) The size and number of on-premises directory signs shall be limited to 300 sq.

ft. and 2 per premises.

4) Sale or lease signs located on the property referred to shall be permitted up to 8

sq. ft. per sign.

5) No sign shall be permitted which:

i. Obstructs traffic visibility.

ii. Resembles a traffic sign.

iii. Has a flashing light.

iv. Contains moving parts.

v. Exceeds 300 sq. ft. in size.

CHAPTER VI

MODIFICATIONS

48. HEIGHT. The maximum height limitations provided elsewhere in this Ordinance may

be exceeded in accordance with the following standards:

a. Agricultural structures, such as barns, silos and windmills shall not exceed in height

twice their distance from the nearest lot line. A Land Use Permit is not required for

the construction of corn cribs, silos or grain bins. The height restriction however

does apply.

b. Public or semipublic facilities, such as schools, churches, hospitals, monuments,

sanitariums, libraries, governmental offices and stations may be erected to a height

of 60',provided all required yards are increased not less than one foot for each foot

the structure exceeds the district's maximum height requirement.

49. YARDS. The yard requirements stipulated elsewhere in this Ordinance may be

modified as follows:

a. Uncovered stairs, landings and fire escapes may project into any yard, but not to

exceed 6' and not closer than 3' to any lot line.

b. Architectural projections, such as chimneys, flues, sills, eaves, belt courses and

ornaments may project into any required yard, but such projection shall not exceed

2'.

c. Residential fences are permitted on the property lines in residential districts, but

shall not in any case exceed a height of 6', shall not exceed a height of 4' in the

street yard and shall not be closer than 2' to any public right-of-way. A Land Use

Permit is not required.

d. Security fences are permitted on the property lines in all districts except residential

districts, but shall not exceed 10 feet in height and shall be of an open type similar

to woven wire or wrought iron fencing. They must be 2 feet to any public right-ofway and a Land Use Permit is not required.

e. Accessory uses and detached accessory structures are allowed as per this

Ordinance. They shall not be closer than 10 feet to the principal structure, exceed

20 feet in height, and occupy no more than 20% of the yard area. The setbacks for

an accessory structure are as follows:

1) 5 feet to a lot line or alley line for lots under 1.5 acres in size.

2) 25 feet to a lot line for lots 1.5 acres to 20 acres in size.

3) 50 feet to a lot line for lots greater than 20 acres in size.

f. Off-street parking is permitted in all yards of the B-1 District, but shall not be closer

than 25' to any public right-of-way.

g. Essential services, utilities, electric power and communication transmission lines

are exempt from the yard and distance requirements of this Ordinance.

h. Landscaping and vegetation are exempt from the yard requirements of this

Ordinance.

i. Manufactured Homes or Travel Trailers may not be used as Accessory Structures,

as Additions to existing structures, as Additions to existing Mobile Homes, or as

Storage Buildings. Manufactured Homes and Mobile Homes are only to be utilized

as dwelling units.

j. Semi-trailers may not be used for accessory buildings, storage units, or for the

advertising of any trade, business or occupation.

50. ADDITIONS. Additions in the street yard of existing structures shall not project

beyond the average of the existing street yards on the abutting lots or parcels.

51. AVERAGE STREET YARDS. The required street yards may be decreased in any

residential or business district to the average of the existing street yards of the abutting

structures on each side, but in no case less than 15' in any residential district and 5' in

any business district.

52. NOISE. Sirens, whistles and bells, which are maintained and utilized solely to serve a

public purpose, are exempt from the sound level standards of this Ordinance.

53. REQUIRED MINIMUM LOT AREA. The required minimum lot areas are listed in

the Zoning District Section of this Ordinance. If an individual wants to reduce the

minimum lot area, they would need to apply for a Variance through the Nation's Land

Development Team. This would follow standard Public Hearing procedure.

CHAPTER VII

SIGNS

54. PURPOSE. This Ordinance is established to protect and promote health, safety,

general welfare and order through the establishment of comprehensive, uniform

standards and procedures governing the construction, used and style of signs or

symbols serving as a visual communication media, aimed at persons upon public rightsof-ways or private properties. Hereafter, no sign shall be erected, constructed, altered

or modified except as regulated herein.

55. GENERAL SIGN PROVISIONS.

a. Hazardous Signs. No sign shall, by reason of its shape, location, lighting, size, color

or intensity, create a hazard to the safe, efficient movement of vehicular or

pedestrian traffic. No private sign shall contain words, which might be construed

as traffic controls, such as "stop", "caution", or "warning", unless such sign is

intended to direct traffic on the premises.

b. Sign Maintenance. All signs and sign structures shall be properly maintained in a

safe, orderly condition, and parts and supports shall be properly painted at all times.

Signs or sign structures which are rotted, unsafe, or which have otherwise

deteriorated or have been defaced, shall be repainted, repaired, or replaced by the

owner of the property upon which the sign is located, or by his licensee.

c. Interference. No signs, or any guides, stays or attachments thereto shall be erected,

placed or maintained upon rocks, fences or trees, or in such a manner to interfere

with fire-fighting equipment or personnel, or any electric light, power, telephone or

cable wires or supports thereof.

d. Signs Within Right-of-Way. No signs or other than governmental signs shall be

erected or temporarily placed within any public right-of-way.

e. Ingress and Egress. No sign or sign structure shall be erected or maintained so as

to prevent or deter free movement from any door, window or fires cape. No sign or

sign structure shall impede the vision triangle of a driveway access to a property

based on the type of public road being accessed.

f. Required by Law. All signs required by law shall be permitted in all districts.

g. Obsolete Signs. An obsolete sign or a sign which advertises an activity, product, or

service, which is no longer being produced or conducted, shall be removed within

ninety days from the last date upon which the activity or service was produced or

conducted. Responsibility for the removal shall be vested in the owner of the real

property.

h. Illumination. All externally illuminated signs shall direct the source of light away

from adjacent properties.

i. Flashing Lights. Flashing, revolving and intermittently lighted signs are strictly

prohibited.

j. Shoreland. No permanent sign shall be located closer than 75' from the normal high

water mark of any navigable or perennial body of water, in the floodway of any

stream, river, etc., or in any Shoreland-wetland.

k. Vehicle Signs. All vehicles, whether operable or inoperable are prohibited from

being used for the placement of signs for any kind of advertisement.

56. TYPES OF SIGNS.

a. Type 1. Directory signs advertising a business or activity conducted, an area of

interest or a service available at a specific location. Such signs shall be not more

than 32 sq. ft. in gross area. There shall not be more than 2 such signs relating to

any one such use in the approaching direction along any one highway. No such sign

shall be more than 10 miles away from the location to which it relates. Such signs

may be placed at the right-of-way line of the highway. A larger number of signs

may be permitted by Land Development Team if the Land Development Team shall

find it necessary for directing the traveling public. Type 1 signs are allowed in the

B-1, M-1, M-2, A-1, District.

b. Type 2. Signs advertising a customary home occupation or professional office.

Such signs shall not exceed 6 sq. ft. in gross area, shall be attached to the building,

and if illuminated, shall be indirectly lighted. Type 2 signs are allowed in the R-1,

R-2, R-3, B-1, M-1, M-2, and A-1 Districts. A permit is not required for Type 2

signs.

c. Type 3. The following signs are to be placed in the front yard of the effected

properties, and are allowed without a permit.

1) Government signs. Signs of a public, non-commercial nature, including, but not

limited to, safety signs, trespassing signs, traffic control signs, scenic or

historical signs, memorial plaques, and community service signs. Signs shall

not exceed 6 sq. ft.

2) Integral signs. Signs attached to buildings or structures, which name the

building, date of construction and commemorative actions.

3) Campaign signs. Election campaign or referendum signs may be placed on the

first day for circulation of nomination papers or the period beginning on the day

on which the questions to be voted upon are submitted to the electorate and

shall be removed within 24 hours after the day of election or vote on a

referendum. In residential districts, no sign may be electrical, mechanical or

have an audio auxiliary. Signs shall not exceed 6 sq. ft.

4) Nameplates. One sign, which states the owner’s name, address, and a home

occupation or farm, related business. Sign shall not exceed 20 sq. ft.

5) Holiday signs. Signs or displays which contain or depict only a message

pertaining to a National or State Holiday, displayed for a period of not to exceed

sixty days.

6) Construction signs. Non-illuminated signs naming the architects, engineers,

contractors, and other individuals or firms included with the construction,

alteration or repair of a structure and the future use of the site. Such signs shall

be confined to the construction site and shall be removed when the project is

completed or occupancy of the structure, whichever comes first. Sign shall not

exceed 64 sq. ft.

7) Real Estate signs. Signs advertising the sale or rent of the property upon which

the sign is placed. In the event of a sale or rental agreement, the sign must be

removed within 10 days. Such sign shall not measure more than 6 sq. ft. in the

R-1, R-2, and R-3 Districts, nor more than 20 sq. ft. in all other districts.

8) Trespassing signs. Signs which indicate the allowed use of private property,

such as No Trespassing; No Hunting; or Hunting by Permission only; per terms

of Ho-Chunk Law as to frequency and size.

9) Seasonal Agricultural Product signs.

10) Agricultural Test Plot Signs. Agricultural test plot signs shall be allowed under

the following conditions:

i. One sign facing each direction,

ii. Sign shall not exceed 32 sq. ft. and are permitted during the growing season

and shall be removed after harvest, and

iii. Row markers and variety markers permitted as necessary.

11) Occasional Yard Sale sign. One sign is allowed, shall not exceed 6 sq. ft., and

shall not be placed more than one day prior to the sale and removed at the end

of the sale.

12) Subdivision signs. Signs are allowed for tracts containing 10-50 or more lots.

Signs shall be 32 sq. ft. in size or less, and each subdivision can have a

maximum of 2 such signs. The sign can be placed after the final plat has been

recorded and must be removed after 90% of the lots are sold.

13) Community events. Such as banners, which are printed by groups, including

Chamber of Commerce, local governments, church groups, etc., are permitted

and must conform to State Administrative Code.

14) Type 3 signs are allowed in all zone districts.

d. Type 4. Signs/Billboards advertising a general brand or product, an area of interest,

a business conducted or a service available. Such signs shall be erected outside and

parallel to the right-of-way line, and meet the following:

1) Back-to-back signs that are parallel to each other and within 3 feet are

considered as one sign and one face.

2) If the faces are not parallel, the angle shall not exceed 45 degrees, and one point

of both sides must be within the 3-foot distance. If the angle is greater than 45

degrees, the boards will be considered separate for total area calculations. The

sign must be orientated on the site so that only one face is visible from the

approaching right-of-way.

3) Advertising signs shall not exceed 288 sq. ft. per face or 576 sq. ft. of total area,

nor shall the height exceed 35'. No advertising sign shall exceed 45' in length.

4) There shall be a minimum of 300 feet of separation between signs on the same

street facing the traffic flow.

5) No part of an advertising sign shall be closer than five (5) feet to the property

lines.

6) Only includes side yard and rear yard setbacks.

7) No advertising sign shall be erected or maintained with 100 feet of a residential,

agricultural or forestry district boundary, or within 500 feet of a public park.

8) Type 4 signs are allowed in the B-1, M-1, and M-2 districts.

e. Type 5. Signs attached to commercial and industrial advertising a business

conducted or a service available on the premises. No sign shall exceed 40 sq. ft. in

gross area; be higher than 4 feet above the top of the roofline, or exceed the

maximum height limitation permitted in the district.

1) Type 5 signs are allowed in the B-1, M-1, M-2, and A-l districts.

f. Type 6. On-premises signs. Advertising a public or semi-public use. Such signs

shall not exceed 32 sq. ft. in gross area. There shall be no more than one sign for

each highway upon the property faces. Such signs may be placed at the right-ofway line of the highway.

1) Type 6 signs are allowed in all the districts.

g. Type 7. Recreational directory signs indicating the direction to a cottage, resort,

residence or similar use. Such signs shall be not more than 4 sq. ft. in gross area.

Where a common posting standard is provided, all such signs shall be attached to

the standard recreational directory signs and may be placed at the right-of-way line

of the highway.

1) Type 7 signs are allowed in all districts except the R-1 or R-2 district.

57. PERMITS. Unless specifically stated in this Ordinance, permits are required for all

signs erected, constructed, enlarged or otherwise modified. Application for a Sign

Permit shall be made to the Land Development Team. Permits shall be issued if the

proposed sign meets the requirements of this Ordinance.

58. CONDITIONAL USE. Any proposed sign which does not meet the provisions of this

Ordinance, will only be approved by following the Conditional Use process in Section

Conditional Uses of this Ordinance.

59. NON-CONFORMING SIGNS.

a. Legal non-conforming signs may not be structurally altered or enlarged except in

accordance with this Ordinance or reestablished after being brought into

compliance.

b. Nothing in this Ordinance shall be construed as relieving the owner of a legal nonconforming sign from the provisions of this Ordinance regarding safety,

maintenance, and repair of signs. However, no change in the sign structure or copy

shall be made which makes it more nonconforming.

CHAPTER VIII

NONCONFORMING USES

60. CONDITIONS. The existing lawful use of a structure or premises which is not in

conformity with the provisions of this Ordinance at the time of its adoption or

amendment may be continued subject to the following conditions:

a. No such use shall be expanded or enlarged, except in conformity with the provision

of this Ordinance and upon granting of a variance by the Land Development Team.

b. No structure alteration or repair to any such existing structure as long as such use

continues shall exceed 50% of its equalized value, except upon granting of a

variance by the Land Development Team.

c. If such use is discontinued for 12 consecutive months, any future use of the

structure and premises shall conform to this Ordinance. The assessor shall notify

the Planning Administrator in writing of all instances of nonconforming uses,

which have been discontinued for a period of 12 consecutive months.

61. SUBSTANDARD LOTS.

a. USE OF SUBSTANDARD LOTS FOR A DWELLING. A lot which does not

contain sufficient area to conform to the dimensional requirements of this

Ordinance, but which is at least 60' wide and 7,200 sq. ft. in area for the R-1 District

and at least 100’ wide and 20,000 sq. ft. in the R-2 District, may be used as a

building site for a single family dwelling upon issuance of a zoning permit subject

to the conditions listed in sub. (b).

b. CONDITIONS ATTACHED TO USE OF SUBSTANDARD LOTS.

1) Such use is permitted in the zoning district.

2) The lot is of record in the Nation Register of Deeds' office prior to the effective

date of this Ordinance.

3) The lot is leased to separate leaseholders of abutting lands. If abutting lands and

the substandard lot are leased by the same owner, the substandard lot shall not

be sold or used without the full compliance with the terms of this Ordinance.

4) All the district requirements are complied with insofar as practical.

c. USE OF SUBSTANDARD LOTS FOR OTHER PURPOSES. All other uses of

substandard lots shall require a variance from the Land Development Team subject

to the conditions listed in sub. (b).

CHAPTER IX

PERFORMANCE STANDARDS

62. COMPLIANCE. This Ordinance permits specific uses in specific districts and these

performance standards are designed to limit, restrict and prohibit the effects of those

uses outside their premises or district. No structure, land or water shall hereafter be

used, except in compliance with their district regulations and with this Chapter.

63. AIR POLLUTION. No activity shall emit any fly ash, dust, fumes, vapors, mists or

gases in such quantities as to cause soiling or danger to the health of persons, animals,

vegetation or other forms of property.

64. FIRE AND EXPLOSIVE HAZARDS. All permanent activities involving the

manufacturing, utilization, processing or storage of inflammable and explosive

materials shall be provided with adequate safety devices against the hazard of fire and

explosion and with adequate fire fighting and fire suppression equipment and devices

that are standard in the industry. All materials that range from active to intense burning

shall be manufactured, utilized, processed and stored only in completely enclosed

buildings which have incombustible exterior walls and an automatic fire extinguishing

system.

65. GLARE AND HEAT. No activity shall emit glare or heat that is visible or measurable

outside its premises, except activities in the M-2 District, which may emit direct or sky

reflected glare which shall not be visible outside their district. All operations producing

intense glare or heat shall be conducted within a completely enclosed building. Exposed

sources of light shall be shielded so as not to be visible outside their premises.

66. LIQUID OR SOLID WASTES. No activity shall discharge at any point onto any land

or into any water or public sewer any materials of such nature, quantity, noxiousness,

toxicity or temperature which can contaminate, pollute or harm the quantity or quality

of any water supply, cause the emission of dangerous or offensive elements, overload

the existing municipal utilities or injure or damage persons or property.

67. NOISE. All noise shall be so muffled or otherwise controlled as not to become

objectionable due intermittence, duration, beat frequency, impulse character, periodic

character or shrillness.

68. ODORS. No activity shall emit any odorous matter of such nature or quantity as to be

offensive, obnoxious or unhealthful outside their premises.

69. RADIOACTIVITY AND ELECTRICAL DISTURBANCES. No activity shall emit

radioactivity or electrical disturbances outside its premises that are dangerous or

adversely affect the use of neighboring premises.

70. VIBRATION. No activity in any district, except the M-2 District, shall emit vibrations,

which are discernible without instruments outside its premises.

CHAPTER X

ADMINISTRATION

71. CREATION, POWERS AND DUTIES.

a. PLANNING ADMINISTRATOR.

1) The duties shall be to administer, supervise and enforce the provisions of this

Ordinance.

2) The Administrator shall make an annual report of activities to the Land

Development Team.

3) The Administrator shall provide permit application forms, assist the applicant

in preparing his application, advise the applicant as to the provisions of this

Ordinance, inspect each project for which a permit has been granted and report

any apparent violation to the Ho-Chunk Nation Attorney General.

4) The Administrator shall grant or deny permits in accordance with the

procedures set forth in 13.

b. LAND DEVELOPMENT TEAM.

1) The Land Development Team shall enforce the administration of this ordinance

until the establishment of the Ho-Chunk Nation Land Planning Commission.

2) POWERS OF THE LAND DEVELOPMENT TEAM. The Land Development

Team shall have the following duties and powers:

i. It shall apply the provisions of this Ordinance, establish suitability of uses,

review conditional and accessory uses, hold public hearings, approve

temporary uses, review and approve conditional uses, and may post an order

to stop work.

ii. It shall hear and decide appeals where it is alleged there is error in any order,

requirement, decision or determination made by an administrative official

in the enforcement or administration of this Ordinance.

iii. It may authorize upon appeal in specific cases a variance from the terms of

this Ordinance as will not be contrary to the public interest, where owing to

special conditions a literal enforcement of the provisions of this Ordinance

will result in unnecessary hardship and so that the spirit of this Ordinance

shall be observed and substantial justice done. No variance shall have the

effect of allowing in any district uses prohibited in that district.

72. APPEALS FROM PLANNING ADMINSTRATOR DECISION. Appeals to the

Land Development Team may be taken by any person aggrieved or by an officer,

department, board or department of the Nation affected by a decision of the Planning

Administrator. Such appeal shall be taken within a reasonable time as provided by the

rules of the Land Development Team by filing with the officer from whom the appeal

is taken and with the Land Development Team a notice of appeal specifying the

grounds thereof.

a. HEARING APPEALS.

1) The Land Development Team shall fix a reasonable time for hearing of the

appeal and publish a date, time and place of hearing and the matters to come

before the Land Development Team, as well as give due notice of hearing to

such party at the last known address and decide the same within a reasonable

period of time. Upon the hearing, any party may appear in person, by agent or

by attorney.

2) The Land Development Team shall adopt such rules, as it deems necessary for

the conduct of business and may exercise all of the powers and is vested with

all of the duties conferred upon it by Ho-Chunk Nation law.

b. APPEALS FROM LAND DEVELOPMENT TEAM DECISION. Any party of

interest may appeal a decision of the Land Development Team to the Ho-Chunk

Nation Trial Court. Upon appeal, the Ho-Chunk Nation Trial Court may decide any

question involving the interpretation of a provision of this law, including the

location of a district boundary if there is uncertainty with respect thereto.

73. CHANGES AND AMENDMENTS. The Land Development Team may from time to

time amend, supplement or change by Ordinance the boundaries of the districts or

regulations herein established. Any proposed change shall first be submitted to the

Land Development Team, which shall hold a public hearing thereon. Notice of the time

and place of such hearing shall be given by publication in the Hocak Worak according

to the Nation’s Open Meetings Act and copy of each notice shall be mailed by

registered mail to the individual or entity affected by the proposed amendment at least

10 days prior to the date of such hearing.

CHAPTER XI

EASEMENTS

74. EASEMENTS.

a. There shall be dedicated public utility and drainage easements of not less than ten

(10) feet in width for poles, wires, conduits, storm or sanitary sewers, gas, cable

TV, water or other utility pipes or lines along the rear of each lot, and five (5) feet

alongside lot lines where necessary. The easements shall be laid out so that a proper

continuity may be developed for such utilities from lot to lot and block to block.

Where necessary, in the Nation's discretion, additional easements shall be provided

for utilities and other municipal services in order to provide proper operation and

maintenance of such facilities.

b. Driveways may be permitted to encroach within any easement located within any

front or corner side yard building setback area parallel to the public right-of-way or

public street.

c. Except as provided by this Subsection, no buildings, driveways, or structures as

defined in this Code shall be constructed within any interior side or rear lot line

easements.

d. At the Nation’s discretion, encroachments into a dedicated public utility or any

other easement granted to the Nation may be permitted for the construction of

buildings, driveways or structures including brick, stone, or masonry walls or

fences; or structures which are wired for electricity, where:

1) A written encroachment agreement approved by the Administrator is executed

by the owner of the property, and

2) A building permit for the proposed construction is issued by the Land

Development Team. Such permits shall be issued only after approval of

complete plans for said construction by the Land Development.

e. At the Nation's discretion, encroachments into a dedicated public utility or any other

easement granted to the Nation may be permitted for the construction and

installation of all other fences, provided a fence permit for the proposed

construction is issued and all required fees are paid to the Nation's transportation,

engineering and development business group. Where any easement is designated

for drainage or storm water purposes, a fence permit shall be issued only after

approval by the Land Development Team.

f. Any encroachment permitted by this Section shall not be construed as a waiver of

any of the other requirements of this Code, including, without limitation, the Zoning

Code, the subdivision regulations or the building codes.

g. Under no circumstances shall the Nation be liable to any property owner or third

party for any damage to real or personal property or personal injury that may result

from or arise out of the construction of any encroachment permitted by this Section.

Legislative History:

02/19/13

Legislature establishes Zoning and Land Use Ordinance Workgroup by resolution

02-19-13H.

09/03/13

Legislature places draft Zoning and Land Use Ordinance out for 45 day public review by

resolution 09-03-13F.

11/19/13

Legislature adopts and enacts Zoning and Land Use Ordinance by resolution 11-19-13C.

This Ordinance supersedes the Zoning & Land Use Ordinance adopted on 4/1/1998.

03/18/25

Legislature adopts amendments via Quick Passage to the Zoning and Land Use Ordinance

by Resolution 03-18-25J.

03/18/25

Legislature places draft Zoning and Land Use Ordinance out for 45 day public review by

resolution 03-18-25K.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.