Title 6. Property and Land – Chapter 605

Tribal code

Ask Donna

What actually matters in this document.

Text

ZONING AND SHORELAND PROTECTION

Twa>nikuhl@lake Atsya>ktate Olihw@=ke O>khale Ni>yohuntsya=t#

The matters concerning protection of our shorelines and the territory of our nation

605.1

605.2

605.3

605.4

605.5

605.6

605.7

605.8

Purpose, Policy, Authority and Scope

Adoption, Amendment, Conflicts

Definitions

Organization

Zoning Maps

General Regulations

Districts

District Overlays

605.9 Planned Unit Developments (PUDs)

605.10 Permits

605.11 Regulation of Signs

605.12 Non-Point Source Pollution, Reclamation, and Bonding

605.13 Rezoning Property and Amending District Boundary Lines

605.14 Enforcement and Penalties

605.15 Appeals

605.1 Purpose, Policy, Authority and Scope

605.1-1. Purpose. The purpose of this law is to:

(a) establish a zoning plan for tribal lands held in trust and fee, heirship lands, and

individual trust and fee lands within the Reservation by dividing the Reservation into

districts.

(b) regulate the use of land and buildings on lots and the density of the population, and

provide for the administration and enforcement of this law.

(d) protect the character and stability of residential, commercial, industrial, agricultural,

and other districts within the Reservation, and assure the orderly and beneficial

development of such areas.

605.1-2. Policy. The provisions of this law shall extend to all tribal lands and waters held in

trust; all tribal lands and waters held in fee status; all fee status lands under the control of

individual members of any federally or state recognized Indian tribe, band or community; all

heirship lands and waters; all individual trust lands and waters within the present confines of the

Reservation; and to such other lands as may be hereafter added thereto under any law of the

United States, except as otherwise provided by applicable law.

605.1-3. From and after the effective date of this law, the use of all land and every building or

portion of a building erected, altered in respect to height and area, added to, or relocated, and

every use within a building or use accessory thereto, on the Reservation shall be in conformity

with the provisions of this law. Any existing building and any existing use or properties not in

conformity with the regulations herein prescribed, shall be regarded as non-conforming, but may

be continued, subject to the special regulations provided in 605.6-5 with respect to nonconforming buildings or uses.

605.1-4. The language set forth in this law shall be interpreted in accordance with the following

rules of construction:

(a) The singular number includes the plural and plural, the singular.

(b) The present tense includes the past and future tense and the future, the present.

(d) The masculine gender indicates the feminine and neuter genders.

(e) Whenever a word or term defined hereinafter appears in the text of this law, its

meaning shall be constructed as set forth in such definition thereof.

(f) All measured distances expressed in feet shall be rounded to the nearest foot and shall

be measured horizontally, unless otherwise specified.

(g) The phrase “used for” shall include the phrases “arranged for”, “designed for”,

6 O.C. 605 – Page 1

“intended for”, “maintained for”, and “occupied for”.

605.2 Adoption, Amendment, Conflicts

605.2-1. This law was adopted by the Oneida Business Committee by motion on June 5, 1990

and amended by BC-03-01-06-D, BC-04-02-08-F, BC-04-13-11-E, BC-07-13-11-E, and BC-0625-14-B.

605.2-2. This law may be amended pursuant to Tribal law by the Oneida Business Committee or

Oneida General Tribal Council.

605.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal force without the invalid portions. If any court of competent jurisdiction

shall adjudge invalid the application of any provision of this law to a particular property, building

or structure, such judgment shall not affect other property, buildings or structures.

605.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control. It is not intended by this law to repeal, abrogate, annul,

impair, modify or interfere with any existing easements, covenants, or agreements between

parties or with any rules, regulations, laws, ordinances, policies, resolutions, motions or permits

previously adopted or issued pursuant to Tribal law; provided, however, that where the

conditions imposed by any provision of this law are either more restrictive or less restrictive than

comparable conditions imposed by any other applicable easement, covenant, agreement, law,

statute, resolution, or regulation of any kind, the conditions which are more restrictive or which

impose higher standards or requirements shall prevail.

605.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians of

Wisconsin.

605.3 Definitions

605.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) Accessory building. See Building, Accessory building.

(b) Accessory use. See Use, Accessory use.

including, but not limited to: movie theaters, bookstores, video stores, adult-only

hotels/motels, massage parlors, peep shows, and erotic dancing establishments.

(d) “Aesthetic value” means the utility of an area for its beauty in satisfying, directly or

indirectly, the needs or desires of human beings.

(e) “Agricultural use” means the use of land for one (1) or more of the following: soil

tillage for the production of crops, dairying, pasturage, grazing, horticulture, floriculture,

viticulture, truck farming, forestry, sod farming, wild crop farming, animal and poultry

husbandry, and/or the necessary accessory uses for packing, treating, or storing of

produce; provided that the operation of any such accessory uses shall be secondary to that

of the primary agricultural activities occurring thereon.

(f) “Airport” means any area of land, water or a structure which is used or intended for

use for the landing and taking off of aircraft, including helicopters, and any appurtenant

6 O.C. 605 – Page 2

land or structures which are used or intended for use for airport buildings or other airport

facilities or runways, including all necessary taxiways, aircraft storage and tie-down

areas, hangers, and other necessary buildings and open spaces.

(g) “Alley” means a public thoroughfare which affords a secondary means of access to

abutting property and is generally less than twenty (20) feet wide.

(h) Attached garage. See Garage, Attached garage.

(i) “Automobile body shop” means any land, structure, or premises used for the

construction, reconstruction, painting, or repair of fenders or bodies of automobiles,

trucks, or other vehicles for profit.

(j) “Bank” means, when referring to water, the land surface abutting the bed of any water

body which, either prior to any project or alteration of land contours, or as a result of the

proposed project or alteration, slopes or drains without complete interruption into the

water body.

(k) “Barnyard” means a fenced area directly adjacent to a structure which houses a high

density of livestock and is usually devoid or nearly devoid of vegetation.

(l) “Basement” means that portion of a building that is partly or completely below grade

plane.

(m) “Bed” means, when referring to water, all material which lies below the ordinary

high-water mark; or the land that lies at the bottom of a body of water and includes all

material that rests upon the bottom such as mud, flocculent material, sand, clay, silt, rock,

organic debris, logs, and stumps.

(n) “Bed and breakfast” means any place of lodging that provides four (4) or fewer rooms

for rent for more than ten (10) nights in a twelve (12) month period, is the owner’s

personal residence, is occupied by the owner at the time of rental, and in which the only

meal served to guests is breakfast. The maximum stay of any one (1) guest shall not

exceed fourteen (14) days per stay.

(o) “Best management practices” means a practice, technique or measure which is

determined to be an effective means of preventing or reducing pollutants generated from

non-point sources to a level compatible with established water quality objectives.

(p) “Billboard” means any sign of more than one hundred and fifty (150) square feet per

side which directs attention to a business, commodity, service, activity, or entertainment

not necessarily conducted, sold, or offered upon the premises where such sign is located.

(q) “Boarding house” means a building arranged or used for lodging for compensation,

with or without meals, and not occupied as a single-family dwelling.

(r) “Boathouse” means a building located on or adjacent to water designed for the

sheltering of boats or related marine equipment.

(s) “Building” means any structure used or intended for supporting or sheltering any use

or occupancy. “Building” also means “structure” or “improvement.”

(1) “Accessory building” means a subordinate building or structure on the same

lot as the principal building and devoted exclusively to an accessory use. This

may include private garages attached or detached, open sheds, roof-covered

patios, tool sheds and similar structures. On any lot on which a dwelling is

6 O.C. 605 – Page 3

located, any building used for, or incidental to any agricultural use, shall be

deemed to be an “accessory building.”

(2) “Non-conforming building” means a structure or portion thereof, or a lawful

use which does not conform to the regulations of the district in which it is located.

(3) “Principal building” means a building in which is conducted the principal use

of the lot on which it is situated. The “principal building” in any residential

district shall be any dwelling on a lot.

(t) “Building line” means the line established by law, beyond which a building shall not

extend, except as specifically provided by law.

(u) “Bulkhead” means a retaining wall or embankment along a waterfront that acts as a

protective barrier.

(v) “Campground” means an area, including buildings, used for the accommodation of

members of various organizations or groups using equipment designed for the purpose of

temporary camping.

(w) “Channel” means a natural or artificial water course of perceptible extent, with

definite bed and banks to confine and conduct continuously or periodically flowing water.

(x) Conditional use. See Use, Conditional use.

(y) “Condominium” means a single real-estate unit in a multi-unit development in which

a person has both separate ownership of a unit and a common interest, along with the

development’s other owners, in the common areas.

(z) “Conservation practices” means any practice which is designed to enhance or improve

the environment and is approved as a conservation practice by the Environmental Health

and Safety Division.

(aa) Corner lot. See Lot, Corner lot.

(bb) “Day” or “Days” means calendar days, unless otherwise specified.

(cc) Detached garage. See Garage, Detached garage.

(dd) “Development” means any man-made change to land and/or buildings, including, but

not limited to, construction of, additions to, or substantial improvements to, buildings,

other structures, or accessory uses. “Development” is synonymous with “activity” and

may refer to any construction, alteration, dredging, drilling, dumping, filling, removal,

obstruction, occupancy, participation, practice, enterprise, or event within a Shoreland

Area. “Development” does not include agricultural, best management or restoration

practices.

(ee) “District” means a section of the Reservation within which the zoning regulations are

uniform.

(ff) “Dock” means any structure, including a pier, built in or over or floating upon the

water, which may or may not extend from the shore and may be used as a landing place

for watercraft.

(gg) “Domestic animal” means all animals commonly owned as household pets,

including, but not limited to, dogs, cats, weasels, rabbits, guinea pigs, turtles, tropical

birds, pigeons, hamsters, and non-venomous reptiles, amphibians and arachnids.

(hh) “Drainage way” means any waterway which has a defined bed and bank and which is

a direct tributary to navigable waters, and, at least seasonally, has water flow.

6 O.C. 605 – Page 4

(ii) “Dredging” means to remove any amount of sand, mud, debris, or other materials

from the bed of a water body with the use of a device.

(jj) “Dwelling” means a building that contains one (1) or more dwelling units used,

intended or designed to be used, rented, leased, let or hired out to be occupied for living

purposes.

(1) “Multiple-family dwelling” means a building or portion thereof used or

designed for use as a residence for three (3) or more families living independently

of each other, and doing their own cooking in said building, including, but not

limited to apartment houses, apartment hotels, and condominiums.

(2) “Single-family dwelling” means a building designed for, and occupied

exclusively by, one (1) family.

(3) “Two-family dwelling” means a building designed for, and occupied

exclusively by, two (2) families living independently of each other.

(kk) “Dwelling unit” means a single unit providing complete, independent living facilities

for one (1) or more persons, including permanent provisions for living, sleeping, eating,

cooking and sanitation.

(ll) “Easement” means the quantity of land set aside or over which a liberty, privilege, or

advantage in land, existing distinct from the ownership of the land, is granted to the

public, a utility, or some particular person, corporation, or part of the public for limited

right of use.

(mm) “Ecological relationship” means the relationship between organisms and the

environment in which they live.

(nn) Electric sign. See Sign, Electric sign.

(oo) “Electronic message center” means any electronic advertising medium utilizing

moving or intermittent messages with the use of direct illumination for its primary

readability to display said messages; including, but not limited to, public service and time

and temperature displays.

(pp) “Encroachment” means an intrusion into another’s property or an intrusion over

required setbacks.

(qq) “Erosion” means the dislodgement and removal of soil particles by physical forces

including, but not limited to: wind, rain-drop splash, water currents, and gravity. The

activities of people in disturbing the ground surface can accelerate this process.

(rr) “Excavating” means digging out and removing materials from the land. Any work

involving less than five hundred (500) square feet shall not constitute “excavating”.

Where smaller areas are involved, a consolidated area of one thousand (1000) square feet

or more per acre shall constitute “excavating”.

(ss) “Extreme property loss” means any loss of property beyond that which would be

considered normal.

(tt) “Family” means:

(1) an individual; or

(2) two (2) or more persons related by blood, marriage, adoption, or foster care

arrangement; or

6 O.C. 605 – Page 5

(3) a group of not more than five (5) persons who are not related by blood or

marriage, but live together as a single-housekeeping unit.

(uu) “Farm” means any parcel of land which is used in the raising of agricultural

products, livestock, poultry, aquaculture, and/or fish.

(vv) “Feedlot” means an open area devoid or nearly devoid of vegetation where livestock

is contained and where it is necessary and usual to bring food from outside the area to

feed the livestock.

(ww) “Fence” means an artificially constructed barrier of any material or combination of

materials erected to enclose or screen areas of land.

(xx) “Fertilize” means to apply compost, manure, or commercial fertilizer to a medium,

like soil, to provide nutrients or make available nutrients already there, so as to promote

the growth of vegetation.

(yy) “Filling” means the placement of any material so as to fill, raise, or otherwise cover

an area.

(zz) Flashing sign. See Sign, Flashing sign.

(aaa) “Frontage” means that boundary of a lot which abuts a street.

(bbb) “Flood” means a general and temporary condition of partial or complete inundation

of normally dry land areas from the overflow of inland or tidal waters, or the unusual and

rapid accumulation or runoff of surface waters from any source.

(ccc) “Flood proofing” means any combination of structural provisions, changes, or

adjustments to properties and structures subject to flooding, primarily for the purpose of

reducing or eliminating flood damage to properties, water and sanitary facilities,

structures, and contents of buildings in flood hazard areas.

(ddd) “Flood protection elevation” means a point two (2) feet above the water surface

profile associated with the one hundred year floodplain.

(eee) “Floodplain” means the relatively flat area or low lands adjoining the channel of a

river, or stream, or the water course or lake, or other body of standing water which has

been or may be covered by flood water including, but not limited to, the one hundred year

flood.

(fff) “Floodway” means the channel of the river, creek or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base flood without

cumulatively increasing the water surface elevation more than a designated height.

(ggg) Free standing sign. See Sign, Free standing.

(hhh) Front yard. See Yard, Front yard.

(iii) “Garage” means a building used for the storage of motor vehicles.

(1) “Attached garage” means a garage which is connected to another building by

at least one (1) wall or part of one (1) wall.

(2) “Detached garage” means a garage that is not connected to another building by

a wall or part of a wall.

(3) “Private garage” means any accessory building or portion of a main building

used for the storage of motor vehicles of the occupants of the premises.

(4) “Public garage” means any premises, except those herein defined as a private

garage, used for the storage or care of motor vehicles, or where any such vehicles

6 O.C. 605 – Page 6

are equipped for operations or repaired, or kept for sale, hire, or remuneration.

“Repair,” as used in this definition, shall not include an automobile body shop nor

the rebuilding, dismantling or storage of wrecked, junked, or unlicensed vehicles.

(jjj) “Grade plane” means the reference plane representing the average of finished ground

level adjoining a building at exterior walls.

(kkk) “Grading” means the physical disturbance of an area by the addition, removal, or

redistribution of topsoil or other material.

(lll) “Green space” means open, undeveloped land that has natural vegetation. “Green

space” does not include a golf course.

(mmm) “Gross sign area” means the entire area within a single continuous perimeter

enclosing the extreme limits of such sign, but shall not include any structural elements

outside the limits of such sign and not forming an integral part of the display. If the sign

consists only of individual letters affixed directly to the wall of the building, only the

perimeter of each letter is counted as part of the gross sign area.

(nnn) Ground Sign. See Sign, Ground sign.

(ooo) “Group foster home” means a home in which a family cares for up to eight (8) nonrelated persons. Such a home shall be of a non-profit nature and primarily designed for

the rehabilitation of the residents on a short term or long term basis.

(ppp) “Growth” means any object of natural growth, such as trees, shrubs, or foliage, but

does not include farm crops which are cut at least once a year.

(qqq) Half-story. See Story, Half-story.

(rrr) “Hedge” means a dense barrier comprised of planted vegetation designed to enclose

or screen areas of land.

(sss) “Height” means the vertical length of a structure, including any appurtenance

installed thereon, or the top of any object of natural growth.

(ttt) “Home occupation” means any gainful occupation conducted by members of a family

entirely within their residence.

(uuu) “Hotel” means any building or portion thereof, which provides or which is intended

to provide meals and/or lodging to guests for direct or indirect compensation, and

contains five (5) or more sleeping rooms for such guests, and in which ingress and egress

to and from all rooms is made through a central supervised lobby.

(vvv) Identification sign. See Sign, Identification sign.

(www) Illuminated sign. See Sign, Illuminated sign.

(xxx) “Judiciary” means the Judicial system that was established by Oneida General

Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Tribe.

(yyy) “Junkyard” means land or buildings where waste is brought, sold, exchanged,

stored, baled, cleaned, packed, disassembled, or handled, including, but not limited to

scrap metal, rags, paper, rubber products, plastics, glass products, lumber products,

products resulting from wrecking or salvage of automobiles or other vehicles, and/or

outdoor storage of two (2) or more unregistered vehicles, except as otherwise authorized.

Such use shall not include landfill, organic waste, hazardous waste, or toxic material.

6 O.C. 605 – Page 7

(zzz) “Kennel” means any structure or premises on which six (6) or more domestic

animals of one type over five (5) months of age are kept, owned, boarded, groomed,

sheltered, protected, bred, or offered for sale or any other merchandising.

(aaaa) “Lagooning” means an artificial enlargement of a waterway.

(bbbb) “Landfill” means a system of trash, waste, refuse, debris, salvaged material, or

garbage disposal, in which the waste is buried between layers of soil. Animal waste,

agricultural waste, hazardous waste and toxic material are prohibited in a landfill.

(cccc) “Livestock” means horses, bovine, sheep, goats, pigs, domestic or game fowl, or

other animals, that are not domestic animals, ordinarily found on a farm.

(dddd) “Lot” means a portion or parcel of land considered as a unit.

(1) “Corner lot” means a lot abutting on two (2) or more streets at their

intersection.

(eeee) “Lot line” means a line dividing one lot from another, or from a street or any

public place.

(ffff) “Lot width” means the distance between the side lines of the lot at the building line.

(gggg) “Manure” means material, especially barnyard or stable dung, often with discarded

animal bedding, used to fertilize soil.

(hhhh) “Mobile home” means any vehicle or structure which is, or was as originally

constructed, designed to be transported by a motor vehicle and designed, equipped, used,

or intended to be used primarily for human habitation, including any addition,

attachments, annexes, foundations, and appurtenances thereto. Excluded under this

provision are prefabricated homes and those trailers which are designed as recreational

(camping) vehicles or motor homes.

(1) “Class A mobile home” means a new mobile home which has never been used

for human habitation.

(2) “Class B mobile home” means a mobile home constructed since 1976 that has

been or is currently being used for human habitation and is decent, safe, and

sanitary, as determined by an inspector who shall be designated by the Land

Commission.

(iiii) “Mobile office” means any vehicle or structure which is, or was as originally

constructed, designed to be transported by a motor vehicle and designed, equipped, used,

or intended to be used primarily as an office for a business, service, or industry, including

any additions, attachments, annexes, foundations, and appurtenances thereto. “Mobile

office” shall not include temporary offices located on a construction site for eighteen (18)

months or less.

(jjjj) Mobile mounted sign. See Sign, Mobile mounted sign.

(kkkk) “Motel” means a building or group of detached, semi-detached, or attached

buildings containing guest rooms or dwellings, with a garage or parking space

conveniently located to each unit, and which is designed, used or intended to be used

primarily for the accommodation of automobile transients.

(llll) “Motor vehicle” means any passenger vehicle, truck, trailer, or semi-trailer propelled

or drawn by mechanical power.

(mmmm) Multiple-family dwelling. See Dwelling, Multiple-family.

6 O.C. 605 – Page 8

(nnnn) “Navigable waters” means all rivers, streams, lakes, ponds, sloughs, flowages, and

other natural or artificial waterways which are floatable by a shallow draft craft-canoe

during flooding conditions which are a regularly recurring event.

(oooo) Non-conforming building. See Building, Non-conforming building.

(pppp) Non-conforming use. See Use, Non-conforming use.

(qqqq) “Obstruction” means any hindrance, obstacle or barrier.

(rrrr) “One hundred year flood” means a flood determined to be representative of large

floods known to have generally occurred in Wisconsin and which may be expected to

occur on a particular stream because of like physical characteristics. The flood frequency

of the one hundred year flood is once every one hundred (100) years.

(ssss) “Ordinary high-water mark” means the point on the bank or slope of a water body

up to which the presence and action of waters are so common and usual, and so long

contained in all ordinary years, as to leave a distinct mark either by erosion, destruction of

terrestrial vegetation, or other easily recognizable characteristics. Where the bank or

shore at a particular place is of such character that it is impossible or difficult to ascertain

where the ordinary high-water mark is, the ordinary high-water mark adjoining that place

on the same stream or lake may be used to determine whether a given stage of water is

above or below the ordinary high-water mark for that place.

(tttt) “Parking space” means a gravel or other all-weather surfaced area whether covered

or uncovered, permanently reserved for the intermittent storage of one (1) automobile and

connected with a street or alley by a graveled or other all-weather surfaced driveway

which affords ingress and egress for an automobile without requiring another automobile

to be moved.

(uuuu) “Party of interest” means any party, including a neighbor, county, town, village,

city, and/or state, which would be affected by the action of another party to intensify a

land use or change the natural character of a shoreland area, including the waterway.

Other parties may be considered parties of interest upon substantiating relevancy of the

matter to them.

(vvvv) “Pasture” means an area used to graze a relatively low density of animals.

(wwww) “Permit” means an official document or certificate which authorizes

performance of a specified activity.

(xxxx) “Person” means an individual or group of individuals and any firm, association,

organization, partnership, trust, company, corporation, family, separate household, state,

county, city, village, town, sanitary district, or other government corporation.

(yyyy) “Pollution” means man-made or man-induced alteration of the chemical, physical,

biological, or radiological integrity of air or water.

(zzzz) “Prefabricated home” means a non-mobile housing unit, the walls, floors and

ceilings of which are constructed at a central factory and transported to a building site

where final construction is completed, permanently affixing the unit to the site.

(aaaaa) “Premises” means a lot together with all buildings and structures thereon.

(bbbbb) Principal building. See Building, Principal building.

(ccccc) Principal use. See Use, Principal use.

(ddddd) Private garage. See Garage, Private garage.

6 O.C. 605 – Page 9

(eeeee) “Private sewage system” means a sewage treatment disposal system serving a

single building with a septic tank and soil absorption field located on the same parcel as

the building. “Private sewage system” also means an alternative substitute for the septic

tank or soil absorption field, a holding tank, a system serving more than one building, or a

system located on a different parcel than the building.

(fffff) “Professional office” means the office of a doctor, practitioner, dentist, clergyman,

architect, landscape architect, engineer, lawyer, author, musician, or other recognized

profession.

(ggggg) Projecting sign. See Sign, Projecting sign.

(hhhhh) Public garage. See Garage, Public garage

(iiiii) “Public nuisance” means a thing, act, occupation, condition, or use of property

which continues for such length of time as to:

(1) Substantially annoy, injure, or endanger the comfort, health, repose, or safety

of the public; or

(2) In any way render the public insecure in life or in the use of property; or

(3) Greatly offend the public morals or decency; or

(4) Unlawfully and substantially interfere with, obstruct, or tend to obstruct or

render dangerous for passage any street, alley, highway, navigable waters or other

public way, or the use of public property.

(jjjjj) Rear yard. See Yard, Rear yard.

(kkkkk) “Recreational area” means a park, playground, sports field, swimming pool,

and/or other facility or area constructed, owned and/or operated by a public or private

organization for recreational activity.

(lllll) “Reservation” means all land within the exterior boundaries of the Reservation of

the Oneida Tribe of Indians of Wisconsin, as created pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law.

(mmmmm) Revolving sign. See Sign, Revolving sign.

(nnnnn) “Right-of-way” means a parcel of land dedicated to or reserved by a

governmental unit for street or sidewalk or other public purposes.

(ooooo) “Roadside stand” means an accessory building not permanently affixed to the

ground that is readily removable in its entirety, covered or uncovered, and not wholly

enclosed, and used solely for the sale of farm products produced on the premises.

(ppppp) Roof sign. See Sign, Roof sign.

(qqqqq) Seasonal business sign. See Sign, Seasonal business sign.

(rrrrr) “Setback” means the minimum distance between the street line or lot line and the

outside perimeter of a building, excluding steps, uncovered porches, and permitted

encroachments.

(sssss) “Shorecover” means any vegetation which grows upon the ground and is within a

shoreland area.

(ttttt) “Shoreland area” means all lands which are within three hundred (300) feet of a

navigable waterway or six hundred twenty-five (625) feet of Duck Creek, all lands which

are adjacent to the floodplain and have a slope of twelve percent (12%) or greater, all

wetlands, and the bed of all navigable waterways or drainage ways.

6 O.C. 605 – Page 10

(uuuuu) Side yard. See Yard, Side yard.

(vvvvv) “Sign” means any letter, figure, character, mark, plane, point, marquee sign,

design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or

illuminated service, which shall be constructed, placed, attached, painted, erected,

fastened or manufactured in any manner whatsoever, so that the same shall be used for

the attraction of the public to any place, subject, person, public performance, article,

machine or merchandise, which is displayed in any manner outdoors. Types of signs for

purposes of this law:

(1) “Electric sign” means a sign containing electric wiring, but does not include

signs illuminated by an exterior light source.

(2) “Flashing sign” means any directly or indirectly illuminated sign on which the

artificial light is not constant in intensity and color at all times when such sign is

in use, except for electronic message centers, which are not considered flashing

signs for purposes of this law.

(3) “Free standing sign” means a sign supported by structures or supports that are

placed on, or anchored in, the ground, and that are independent from any building

or any other structure.

(4) “Ground sign” means a billboard or similar type of sign which is supported by

one or more uprights, poles or braces in or upon the ground and not attached to

any part of a building.

(5) “Identification sign” means an on-premise sign limited to identification or the

name and address of occupants thereon, except that of registered trademarks and

corporate logos.

(6) “Illuminated sign” means any sign:

(A) which emanates light either by means of exposed tubing or lamps on

its surface, or by means of illumination transmitted through the sign faces;

(B) illuminated with a light so shielded that no direct rays from it are

visible elsewhere than on the lot where illumination occurs.

(7) “Mobile mounted sign” means a temporary sign which is mounted or designed

for mounting on wheels or a mobile platform.

(8) “Projecting sign” means a sign other than a wall sign, which projects more

than eighteen (18) inches from, and is supported by, a wall of a building.

(9) “Revolving sign” means any sign or portion of a sign which moves in a

revolving three hundred sixty (360) degree motion.

(10) “Roof sign” means any sign erected upon a roof or above a parapet of a

building.

(11) “Seasonal business sign” means a sign that advertises the sale of seasonal

products, such as vegetables, fireworks or Christmas trees.

(12) Wall banner. See Wall banner

(13) “Wall sign” means any sign attached to or erected against the wall of a

building, with the exposed face of the sign in a plane parallel to the plane of said

wall.

6 O.C. 605 – Page 11

(14) “Window sign” means any sign affixed to or visible through an exterior

window or an enclosed building.

(wwwww) “Sign structure” means any structure which supports or is capable of

supporting a sign. A sign structure may be a single pole and is not required to be an

integral part of a building.

(xxxxx) “Siltation” means the deposition or accumulation of unconsolidated materials.

(yyyyy) Single-family dwelling. See Dwelling, Single-family dwelling.

(zzzzz) “Storage capacity of the floodplain” means the volume of space directly above the

floodplain land that can be occupied by flood water of a given stage at a given time,

regardless of whether the water is moving.

(aaaaaa) “Story” means that portion of a building included between the upper surface of a

floor and the upper surface of the floor or roof next above. It is measured as the vertical

distance from top to top of two (2) successive tiers of beams or finished floor surfaces

and, for the topmost story, from the top of the floor finish to the top of the ceiling joists

or, where there is not a ceiling, to the top of the roof rafters.

(1) “Half-story” means a story with at least two (2) opposite exterior sides

meeting a sloping roof not more than three (3) feet above the floor of such story.

(bbbbbb) “Street” means a public right-of-way, generally twenty (20) feet or more in

width, which affords a primary means of access to abutting property whether designated

as a street, avenue, road, or highway, or other such designation, but not including

driveways to buildings.

(cccccc) “Structural alteration” or “structurally altered” means any change other than

incidental repairs, in the supporting members of a building, such as bearing walls,

columns, beams, or girders, or any change that would increase the floor space, area, or

height of a building, or change the exterior dimensions.

(dddddd) “Structure” means anything constructed or erected, the use of which requires a

permanent or temporary location on or in the ground, stream bed, or lake bed, which

includes, but is not limited to, objects such as buildings, factories, sheds, cabins, mobile

homes, gas or liquid storage tanks, bridges, and culverts.

(eeeeee) “Substantial detriment” means anything which causes significant pollution,

sedimentation (siltation), alteration of water morphology, diminution of aesthetic value,

loss of wildlife habitat or disturbance to ecological relationships.

(ffffff) “Townhouse” means a single-family dwelling constructed in a group of three (3)

or more attached units in which each unit extends from the foundation to roof and with

open space on at least two (2) sides.

(gggggg) “Toxic material” means material which is capable of causing injury to living

organisms by chemical means, including disease-causing agents which after discharge

and upon exposure, ingestion, inhalation or assimilation into any organism either directly

from the environment or indirectly by ingestion through food chains, will cause death,

disease, behavioral abnormalities, cancer, genetic mutations and/or physiological

malfunctions.

6 O.C. 605 – Page 12

(hhhhhh) “Travel trailer” means a vehicular or vehicular portable structure designed as a

temporary dwelling for travel, recreation, and vacation use, and includes recreational

vehicles, but does not include mobile homes.

(iiiiii) “Tribe” means the Oneida Tribe of Indians of Wisconsin.

(jjjjjj) Two-family dwelling. See Dwelling, Two-family.

(kkkkkk) “Unnecessary hardship” means:

(1) a situation where land cannot yield a reasonable return if used only for the

purpose allowed in a district or according to other restrictions of this law, where

this situation is due to unique circumstances and not general conditions in the

neighborhood; or

(2) a use restriction is so unreasonable as to constitute an arbitrary interference

with basic rights of private property.

(llllll) “Use” means the purpose for which land or a building thereon is designed,

arranged or intended, or for which it is or may be occupied or maintained.

(1) “Accessory use” means a use subordinate to and serving the principal use of a

lot or building, and located on the same lot as the principal use, and customarily

incidental thereto.

(2) “Conditional use” means a planned utilization of land requiring issuance of a

permit upon meeting certain specified standards.

(3) “Non-conforming use” means an existing lawful use of a structure, building,

or accessory use which is not in conformity with the provisions of this law for the

area which it occupies.

(4) “Principal use” means the main use of land or buildings.

(mmmmmm) “Utility” means a service such as light, power, or water provided by a

public utility.

(nnnnnn) “Variance” means a departure from the terms of this law as applied to a specific

building, structure or parcel of land.

(oooooo) “Vision triangle” means the area bounded by two intersecting street, railroad, or

alley right-of way lines and a line joining points on such lines located twenty-five (25)

feet from the point of intersection or thirty-five (35) feet from the point of intersection if

one (1) of the streets is an arterial street. A “vision triangle” bounded on one (1) side by a

driveway right of way line may be less than twenty-five (25) feet, if the Zoning

Administrator determines that adequate justification has been provided to warrant an

exception for a lesser vision triangle size when consistent with good site planning.

(pppppp) “Wall banner” means any temporary sign made of fabric or other flexible

material and affixed to a wall or building.

(qqqqqq) Wall sign. See Sign, Wall sign.

(rrrrrr) “Waste” means anything which is discarded as having no usefulness or any

material that is excreted by an organism.

(ssssss) “Water morphology” means the portion of the hydrologic cycle involving surface

water. Specifically, the temporal fluctuations and characteristics of surface water flow

and inter-action of surface water with other components of the hydrologic cycle.

6 O.C. 605 – Page 13

(tttttt) “Waterway” means any depression serving to give direction to a current of water

which has a bed and defined banks.

(uuuuuu) “Wetlands” means areas that are inundated or saturated by surface or

groundwater at a frequency and duration sufficient to support; and that, under normal

circumstances, do support a prevalence of vegetation typically adapted for life in

saturated soil conditions.

(vvvvvv) Window sign. See Sign, Window sign.

(wwwwww) “Yard” means an open space other than a court, unobstructed from the

ground to the sky, except where specifically provided by this law, on the lot on which a

building is situated.

(1) “Front yard” means a yard extending across the full width of the lot, extending

from the right-of-way line to the nearest line of the building, excluding steps,

uncovered porches, and permitted encroachments. A corner lot shall be construed

as having two (2) front yards.

(2) “Rear yard” means a yard extending across the full width of the lot and lying

between the rear line of the lot and the nearest line of the building, excluding

steps, unenclosed porches, and permitted encroachments.

(3) “Side yard” means a yard between the side line of a lot and the nearest line of

the building excluding steps, unenclosed porches, permitted encroachments, and

extending from the front lot line to the rear yard. In determining the width of a

side yard, the distance of a line running from the outer most point to the building

line to a property line shall be determined. This line shall be perpendicular to the

property line.

(xxxxxx) “Zoning Administrator” means the officer charged with the administration and

enforcement of this law and includes the designee or duly-authorized representative of the

Zoning Administrator.

(yyyyyy) “Zoning map” means the map or maps created based on the provisions of this

law, such as those maps that designate the zoning districts and district overlays of the

Reservation.

605.4 Organization

605.4-1. Land Commission. The Land Commission, largely through the Zoning Administrator,

shall have the duty and power to carry out the intent and purposes of this law and enforce the

provisions of this law. The Land Commission shall:

(a) maintain custody of the zoning maps.

(b) adopt rules and regulations governing the conduct of business and hearings, as it

deems necessary.

of its minutes available in accordance with Tribal law.

(d) permit the extension of a district where the boundary line of a district divides a lot

held in a single ownership at the time of the passage of this law.

6 O.C. 605 – Page 14

(e) hear and decide appeals where it is alleged there is error in any order, requirement,

decision, or determination made by the Zoning Administrator in the enforcement or

administration of this law.

(f) authorize variances from the terms of this law, the rezoning of property and

amendments to district boundary lines, when appropriate.

(g) decide mapping disputes.

605.4-2. Zoning Administrator. There is established a Zoning Administrator who shall:

(a) advise applicants as to the provisions of this law and assist them in preparing permit

applications.

(b) issue or deny permits and inspect buildings and land use for compliance with this law.

official actions.

(d) report non-conformance with the provisions of this law to the Land Commission.

(e) prohibit non-conforming uses which have begun subsequent to the adoption or

amendment of this law.

(f) determine the ordinary high-water mark line, the one hundred year flood line and

jurisdictional boundaries of the shoreland areas based on the best available information

from any reliable source and field observations.

(g) determine or obtain waste water quality standards.

(h) coordinate a cross-organization team to use the Comprehensive Plan to develop

technical recommendations to the Land Commission.

(i) investigate violations of this law, give notice thereof, and recommend enforcement in

cases where violations remain uncorrected

(j) make written recommendations to the Land Commission concerning appeals from the

denial of permits or concerning applications for permits.

(k) receive, file, and forward all appeals, variance requests, and mapping disputes to the

Land Commission.

(l) enforce regulations that clarify or explain any provision of this law.

(m) provide such clerical, technical, and professional assistance as may be required by the

Land Commission in the exercise of its duties.

(n) issue certificates of compliance.

(o) refer applicants to the Environmental Health and Safety Division for any required

environmental review process.

605.5 Zoning Maps

605.5-1. The zoning district into which each parcel of land on the Reservation is placed shall be

determined by reference to the zoning maps, which shall consist of one (1) or more maps adopted

by and in the custody of the Land Commission.

605.5-2. The zoning maps shall show districts, district overlays, existing and proposed streets,

highways, parks, playgrounds and school sites.

605.5-3. Public Examination. The zoning maps or exact copies thereof, shall be available for

examination by any party of interest during regular business hours.

6 O.C. 605 – Page 15

605.5-4. Interpretation. Unless otherwise stated, the zoning maps shall conform to the following

standards:

(a) Districts follow lot lines, and the center lines of roads, streets and/or alleys, as they

existed on the date of the adoption of the zoning map.

(b) Boundaries follow natural divisions and geographical divisions, and the shoreline of a

stream, creek, or other body of water shall be construed to follow the center lines of such

divisions, streams, creeks, or other bodies of water. Boundaries indicated as

approximately parallel to such lines shall be construed as being parallel thereto and at

such distances therefrom as indicated on the map.

shown on the map.

(d) Whenever any street, alley, or other public way is vacated, the zoning district

adjoining that of such vacated street, alley or public way shall automatically be extended

to the center of such vacated area and all area included therein shall be then and hence

forth subject to all of the regulations of the extended district.

(e) Any area shown on a zoning map as a park, playground, school, cemetery, water body,

etc., shall be subject to the zoning regulations of the district in which it is located. In case

of doubt, the zoning regulations of the most restrictive adjoining district shall govern.

(f) Where application of these rules of interpretation leaves a reasonable doubt as to the

boundaries between two (2) areas, the regulations of the more restrictive area shall govern

the entire area in question, unless the Land Commission determines otherwise.

605.5-5. Mapping Disputes. The Land Commission shall decide mapping disputes. When the

location of a district boundary is established by experience, maps, and/or studies, the elevations,

horizontal distances, and reference points (e.g., ordinary high-water mark) so established shall be

used to determine the actual location of the district boundary on the land. If such information is

not available, the Land Commission may examine any other available evidence that is relevant to

determine the actual location of the district boundary on the land. In all cases, the person

contesting the location of the district boundary shall be given a reasonable opportunity to present

his case to the Land Commission and to submit his own technical evidence if he so desires. The

Land Commission shall not allow deviations from the boundary line as mapped unless the

evidence clearly and conclusively establishes that the mapped location of the line is incorrect. If

possible, Land Commission members shall field investigate appeals that involve mapping

disputes.

(a) The Land Commission may request all records of the Zoning Administrator which

deal with the situation to aid in their decision of the request or appeal.

605.5-6. Rezoning Property and Amending District Boundary Lines. Any interested person may

request that property be rezoned or district boundary lines be amended in accordance with

605.13. The Land Commission shall record the amendments on the zoning map within fifteen

(15) days after they have been approved.

605.6 General Regulations

605.6-1. The regulations, interpretations, modifications and exceptions set forth in this section

shall apply to all districts, unless otherwise specified.

6 O.C. 605 – Page 16

605.6-2. Yards and Open Space.

(a) For the purpose of computing front, side, and rear yard dimensions, measurements

shall be taken from the nearest point of the wall of the building to the road right-of-way

lines, the side lot lines, or the rear lot line, respectively.

(b) No part of a yard or other open space provided about any building for the purpose of

complying with the provisions of this law shall be included as part of a yard or other open

space required for another building.

required by this law.

(d) The required front yard(s) of a corner lot shall not contain any wall, fence, or other

structure, tree, shrub, or other growth which may obscure a motorist’s vision of traffic.

605.6-3. Height.

(a) The height of a building shall be measured as the vertical distance from grade plane to

the average height of the highest roof surface.

(b) Where the average slope of a lot is greater than one (1) foot rise or fall in seven (7)

feet of horizontal distance from the established street elevation at the property line, one

(1) story in addition to the number permitted in the district in which the lot is situated

shall be permitted in the downhill side of the lot.

water towers, observation towers, flag poles, chimneys, belfries, cooling towers, elevator

bulkheads, scenery loft towers, ornamental towers; broadcasting towers, masts of aerials,

telephone, telegraph and power poles and lines; microwave relay structures and any

necessary mechanical apparatus provided that such structures meet the height limitation

requirements of the Airport District Overlay in 605.8-2. However, farm structures

exceeding sixty (60) feet from ground level shall require a permit.

(d) Any structure not exempted by (b) or (c) above and more than fifty (50) feet above

ground level shall require a permit.

605.6-4. Encroachments

(a) Eaves, sills, belt courses, cornices, gutters and ornamental features may project only

three (3) feet into a required yard.

(b) Open fire escapes, fireproof outside stairways, and balconies opening upon fire

towers, and the ordinary projection of chimneys and flues into a rear yard for a distance of

not more than four (4) feet is permitted when they are so placed as to not obstruct light

and ventilation.

605.6-5. Non-Conforming Buildings and Uses. Except as provided in 605.8-3(e)(4), those

buildings and uses already in existence at the time of the adoption of this law or when the land

becomes subject to this law shall be allowed to remain in the existing condition until such time

as the structure or use is abandoned, removed, or altered. Upon alteration, such structures or uses

shall first meet the requirements as set forth in this section.

(a) Non-Conforming Buildings

(1) Alterations. A non-conforming building shall not be reconstructed or

structurally altered unless such building is changed to conform to this law.

6 O.C. 605 – Page 17

(2) Enlargement. A non-conforming building shall not be added to or enlarged in

any manner, unless such additions or enlargements are made so as to bring said

building into conformity with this law.

(3) Restoration. A non-conforming building which is damaged to the extent of

more than fifty percent (50%) of its market value shall not be restored except in

conformity with this law.

(4) Maintenance. Normal maintenance of a building containing or related to a

lawful non-conforming use is permitted, including necessary non-structural

repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b) Non-Conforming Use.

(1) Extension. A non-conforming use shall not be enlarged or extended to occupy

a greater area of land than occupied at the time of the effective date of this law.

(2) No such non-conforming use shall be moved in whole or in part to any other

portion of the lot or parcel occupied by such use at the time of the effective date of

this law.

(3) If any such non-conforming use of land or building ceases for any reason for a

period of more than twelve (12) months, any subsequent use of such land or

building shall conform to the regulations specified by this law for the district in

which such land is located.

605.6-6. Lot Provisions.

(a) Any lot existing upon the effective date of this law in a residential district, which does

not meet the minimum requirements of this law as to area or dimensions, may be utilized

for dwelling purposes, provided the area and lot dimensions are within seventy-five

percent (75%) of the requirements of this law, but said lot of record shall not be more

intensely developed unless combined with one (1) or more abutting lots or portions

thereof, so as to create a lot meeting the requirements of this law.

(b) If in a group of continuous existing lots under single ownership, any individual lot

does not meet the minimum requirements of this law, such individual lot shall not be

considered as a separate parcel of land for purposes of sale or development, but must be

combined with adjacent lots and/or parcels under the same ownership so that the

combination of lots will equal one (1) or more parcels of land, meeting the minimum

requirements of this law. No zoning permit may be issued for a lot that does not comply

with this paragraph.

hundred (300) feet in width, created by any means after the effective date of this law shall

be approved by the Zoning Administrator. A certified plat of survey shall be provided for

all properties created as of the effective date of this law.

(d) Except in the case of Planned Unit Developments, every building and structure

hereafter erected, converted, enlarged, or structurally altered shall be located on a lot and

in no case shall there be more than one (1) principal building on one (1) lot, except that

there may be two (2) or more related multi-family, hotel, motel or institutional buildings

on a lot; provided, that

6 O.C. 605 – Page 18

(1) the required yards be maintained around the group of buildings; and

(2) buildings that are parallel, or that are within forty-five (45) degrees of being

parallel, be separated by a horizontal distance that is equal to the height of the

highest building.

(e) On a corner lot, both street lines shall be front lines for applying the yard and parking

requirements of this law. Corner lots shall have two (2) front yards.

605.6-7. Home Occupations. Any home occupation in existence at the time of the adoption of

this law shall be allowed to remain in operation in its existing condition until such time as the

operation is declared a public health hazard or a public nuisance or until such time as the

occupation is expanded, at which time the following standards shall apply. All home

occupations in all R-districts, shall conform to the following standards:

(a) Home occupations shall not include the employment of any persons not residing on

the premises.

(b) There shall be no exterior indication other than a sign, as regulated under 605.11, that

the premises is used for something other than a dwelling unit.

noxious matter, or perceptible noise beyond the lot line is prohibited.

(d) No article shall be offered for sale on the premises except such as is produced by such

occupation.

(e) Such use shall be clearly incidental and secondary to the use of the dwelling for

dwelling purposes.

(f) Clinics, convalescent homes, hospitals, automobile body shops, tea rooms and animal

hospitals are examples that shall not be deemed to be home occupations.

605.6-8. Compliance with Building Code Required. No permit shall be issued under this law

unless the applicant’s building plans, including the site plan, if applicable, are compliant with the

Tribe’s Building Code.

605.6-9. Fences.

(a) Fences shall be located in such a way that the entire fence shall be on the property of

the owner. Posts and framework shall be placed within the property lines of the owner

and the actual fencing material, such as wire, lumber, and/or pickets, shall be placed on

the side of the fence which faces the street or the adjacent property.

(b) No fence shall be:

(1) erected or substantially altered without securing a permit from the Zoning

Administrator.

(2) allowed or constructed on a road right-of-way.

(3) permitted to remain in a condition that would constitute a public nuisance or

dangerous condition, as determined by the Zoning Administrator.

located on any part of a lot and fences less than six (6) feet high may be erected on those

parts of a lot line that are farther back from a street than the main building.

(d) No fence or hedge more than thirty (30) percent solid or more than thirty (30) inches

high may be located within a vision triangle.

6 O.C. 605 – Page 19

(e) If the Zoning Administrator determines that a public nuisance or dangerous condition

exists, he shall notify the owner(s) of the condition and their duty to raze, repair, or

remove and replace said fence. Should the condition of the fence not be improved within

thirty (30) days of notification, the Zoning Administrator may raze said fence, with cost

of razing to be billed to the property owner.

605.6-10. Parking and Driveways.

(a) All parking spaces required herein shall be located on the same lot with the building

or use served, except in the C and M districts and where an increase in the number of

spaces is required by a change or enlargement of use or where the parking spaces are

provided collectively or used jointly by two (2) of more buildings or establishments; in

these cases the required parking space may be located up to three hundred (300) feet from

any non-residential building served.

(1) In any case, where the required parking spaces are not located on the same lot

with the building or use serviced, or where such spaces are collectively or jointly

provided and used, a written agreement to assure their retention for such purposes

shall be properly drawn and executed by the parties concerned and shall be filed

with the application for a zoning permit.

(2) Where fractional spaces result, the parking spaces required shall be construed

to be the nearest whole number.

(b) Except as otherwise provided, a required off-street parking space shall be at least nine

(9) feet in width and twenty (20) feet in length, exclusive of access drives, aisles, ramps

and columns. A required off-street handicapped parking space shall be at least twelve

(12) feet in width and twenty (20) feet in length, exclusive of access driveways, ramps,

and columns. The minimum number of required off-street handicapped parking spaces

shall be based on the total number of parking spaces in the lot as follows:

Total number of spaces

1 to 25

26 to 50

51 to 75

76 to 100

101 to 150

151 to 200

201 to 300

301 to 400

401 to 500

501 to 1000

1001 and over

Number of handicapped spaces

2% of the total

20, plus 1 for each 100 over 1000

zoning permit in any district, excluding an R-1 District or an R-2 District.

(1) Dust free parking surfaces shall be striped.

(2) Any off-street parking area, other than that provided for residents, shall

provide a suitable fence, wall or evergreen shrub border at least five (5) feet high

6 O.C. 605 – Page 20

along all property lines abutting a residential district, except in the required front

yard.

(3) Exterior lighting provided in any parking area shall be arranged and shielded

so that it is deflected away from adjacent properties.

(4) Whenever a building or use constructed or established after the adoption date

of this law is changed or enlarged, in floor area, number of employees, seating

capacity or otherwise, to create a need for increase of ten percent (10%) or more

in the number of existing parking spaces, such spaces shall be provided on the

basis of the enlargement or change.

(5) In the case of mixed uses, the parking spaces required shall equal the sum of

the requirements of the various uses computed separately.

(6) Parking may be allowed in designated front and side yard setback areas

provided that landscaped buffer of at least ten (10) feet in width from the property

line is maintained, unless the applicant can demonstrate that the buffer is

impractical.

(d) No motor vehicle repair work of any kind shall be permitted in parking lots.

(e) Required Spaces. The following is a list of parking space requirements for specific

building and land uses. For a use not specifically mentioned herein, the parking space

requirements shall be the same as required for a use of a similar nature.

(1) Automobile Service Stations: One (1) off-street parking space for each

employee on the maximum working shift (minimum of two (2) spaces) plus two

(2) off-street parking spaces for each service bay, plus space to accommodate all

trucks and other vehicles used in connection therewith.

(2) Boarding Houses: At least two (2) off-street parking spaces, plus one (1) offstreet parking space for each three (3) persons for whom living accommodations

are provided.

(3) Bowling Alleys: At least five (5) off-street parking spaces for each alley, plus

such additional spaces as may be required for affiliated uses.

(4) Business or professional office, studio, bank, medical or dental clinic: Five (5)

off-street parking spaces plus one (1) additional off-street parking space for each

three hundred (300) square feet or floor area over one thousand (1,000) square

feet.

(5) Churches: At least one (1) off-street parking space for each four (4) seats in

accordance with design capacity of the main auditorium.

(6) Single-family and two-family dwellings: Two (2) off-street parking spaces for

each dwelling unit.

(7) Multiple-family dwelling: Two (2) off-street parking spaces for each dwelling

unit except elderly, disabled, and/or handicapped housing project (tenants limited

to persons with physical disabilities or handicapped as defined by the Social

Security Administration or over fifty-five (55) years of age), one (1) off-street

parking space for each dwelling unit.

(8) Furniture, appliance or implement store, hardware store, wholesale

establishments, motor vehicle sales, machinery or equipment sales and service,

6 O.C. 605 – Page 21

clothing or shoe repair or service shop: Two (2) off-street parking spaces plus one

(1) off-street parking space for each person on the maximum work shift employed

therein.

(9) Hospital, sanitarium, convalescent home, or similar institutions: One (1) offstreet parking space for each two (2) beds plus one (1) off-street parking space for

each employee on maximum work shift.

(10) Manufacturing or industrial establishment, research or testing laboratory,

creamery, bottling plant, or similar establishment: One (1) off-street parking space

for every two (2) employees on the maximum working shift plus space to

accommodate all trucks and other vehicles used in connection therewith.

(11) Motel, hotel or bed and breakfast: One (1) off-street parking space for each

sleeping room or suite, plus one (1) off-street parking space for each employee on

the maximum working shift.

(12) Mortuary and funeral homes: at least fifteen (15) off-street parking spaces for

each chapel or parlor, plus one (1) off-street parking space for each funeral vehicle

maintained on the premises.

(13) Private clubs and lodge: One (1) off-street parking space for every sixteen

(16) square feet of assembly area or one (1) off-street parking space for every two

and one half (2½) seats, whichever is greater.

(14) Restaurant, night club, café, dance hall or similar recreational or amusement

establishment, or an assembly or exhibition hall without fixed seats: one (1) offstreet parking space for every two (2) seats.

(15) Retail store or personal service established not otherwise specified herein:

Ten thousand (10,000) square feet or less- one (1) off-street parking space every

one hundred fifty (150) square feet and one (1) off-street parking space for every

employee on the maximum work shift. Over ten thousand (10,000) square feetone (1) off-street parking space for every two hundred (200) square feet, and one

(1) off-street parking space for each employee on the maximum work shift.

(16) Schools: At least one (1) off-street parking space for each faculty member

and other full time employees, plus adequate off-street parking for students who

are permitted to drive.

(17) Supermarkets, discount houses, mail order outlets, retail stores and other

stores with high customer volume: At least one (1) off-street parking space for

each two hundred (200) square feet of floor area plus one (1) off-street parking

space per employee on the maximum work shift.

(18) Theaters or Auditoriums: At least one (1) off-street parking space for every

two (2) seats in the theater plus one (1) off-street parking space per employee on

the maximum work shift.

(19) Day care: one (1) off-street parking space for every seven (7) students and

one (1) off-street parking space per employee.

(20) Warehouse: One (1) off-street parking space for every three hundred (300)

square feet, one (1) off-street parking space per employee, and space for trucks.

6 O.C. 605 – Page 22

(f) All access driveways of less than fifty (50) feet, and service areas, and all off-street

parking areas for more than five (5) vehicles required herein shall be graded and surfaced

so as to be dust free and properly drained. All other areas of the lot shall be landscaped.

(g) Driveways. Access driveways shall not be placed closer than five (5) feet to any lot

line:

(1) The distance between two (2) driveways on the same lot shall be a minimum

of fifteen (15) feet.

(2) The maximum width of a single driveway shall not exceed twelve (12) feet at

the property line and sixteen (16) feet at the curb. The maximum width of a

double driveway shall not exceed twenty (20) feet at the property line and twentyfour (24) feet at the curb.

605.6-11. Off-Street Loading

(a) All required off-street loading spaces shall be located on the same lot as the use to be

served and no portion of any vehicle shall, while occupying any loading space, project

into a street or alley.

(b) Any building, which is to be erected or substantially altered, and which requires the

receipt or distribution of materials or merchandise by trucks or other similar vehicles,

shall have off-street loading spaces, the number of which shall be sufficient for the

operation of the facility, without causing traffic congestion or a traffic hazard on the

public approaches to the property.

(50) feet in length, exclusive of aisle and maneuvering space.

(1) All off-street loading spaces shall be graded and surfaced so as to be dust free

and properly drained.

(2) All off-street loading spaces shall be in the side or rear yards and no overhead

doors shall be located in the front of the building except in M-1 and A-1 districts.

(3) Space allocated for an off-street loading space shall not, while so allocated, be

used to satisfy the parking requirement.

(d) No off-street loading spaces shall be located within twenty-five (25) feet of the nearest

point of intersection of any two (2) streets, nor shall they be located in a front yard.

(e) No storage, motor vehicle repair work, or service of any kind shall be permitted within

any required off-street loading space.

(f) In industrial districts, off-street loading spaces for vehicles of more than two (2) ton

capacity shall be located no less than one hundred fifty (150) feet from any residential

district.

605.6-12. Public Nuisances. It is the intent of this section to prevent persons from using or

maintaining their property in any manner which endangers the public’s health, safety or welfare;

limits the use or enjoyment of neighboring property; or causes or tends to cause diminution of the

value of the property of others in the area in which such property is located.

(a) Determining Whether a Public Nuisance Exists. The Zoning Administrator shall

determine whether a public nuisance exists and shall consider the following in making

that determination:

(1) the zoning district the lot is located in,

6 O.C. 605 – Page 23

(2) whether the lot is developed or undeveloped,

(3) the effect of the potential nuisance on the public and the surrounding property.

(b) Storage of Chemicals. All commercial and industrial uses associated with the storage

of oil, gasoline, liquid fertilizer or other hazardous materials, shall require a conditional

use permit to ensure that fire, explosion, or water or soil contamination hazards are not

present that would be detrimental to the public health, safety, and welfare. A certificate

of insurance shall be required at the time of application.

indoors whenever possible. Outdoor storage facilities for fuel or other bulk materials

shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent

property. No materials or wastes shall be deposited upon a lot in such form or manner

that they may be transferred off the lot by natural causes or forces. All materials or

wastes which might cause fumes or dust or which constitute a fire hazard or which may

be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only

in closed containers. Waste shall be disposed of in a manner which complies with Tribal

regulations.

(d) Noise. It shall be unlawful to make, continue or cause to be made or continued, any

noise in excess of the noise levels set forth below unless such noise is reasonably

necessary for the preservation of life, health, safety or property.

(1) Measurement of noise. Any activity which creates or produces sound

regardless of frequency exceeding the ambient noise levels at the property line of

any property by more than six (6) decibels above the ambient noise levels as

designated in the table below, shall be a violation of this law.

(2) Sounds emanating from the operation of motor vehicles on public highways,

aircraft, outdoor implements, such as lawnmowers, snow blowers, hedge clippers,

and power saws, pile drivers or jackhammers and other construction equipment,

are exempt from the provisions of this section. Sounds emanating from lawful

and proper activities at school grounds, playgrounds, parks or places where

athletic contests take place, are exempt from the provisions of this section.

Noise Level Table

Duration of Sound

7:00 a.m. – 6:00 p.m. 6:00 p.m. – 7:00 a.m.

All Districts

Less than 10 minutes

75 db

70 db

Between 10 minutes

70 db

60 db

and 2 hours

In excess of 2 hours

60 db

50 db

III

6:00 p.m. – 7:00 a.m.

Residential District

60 db

50 db

40 db

(e) Emission Smoke. No person owning, or in charge of, or operating any fuel burning,

refuse burning, combustant, or process equipment, process device, portable boiler, stacks

vents or premises, shall cause, suffer, or allow emission or discharge of smoke from any

single such source into the atmosphere, the appearance, density, or shade of which is

6 O.C. 605 – Page 24

darker than number one and one-half of the Ringelmann Chart, except for one and two

family dwellings.

(f) Emission of Particulate Matter, Heat and Glare. Every use shall be so operated that it

does not emit heat, particulate matter, or glare in such quantities or degree as to be readily

detectable on any boundary line of the lot on which the use is located.

(g) Toxic and Noxious Matter. No use shall discharge toxic, odorous or noxious matter

across the boundaries of the lot where it is located in such concentrations as to be

detrimental to or endanger the public health, safety, comfort, or welfare, or cause

appreciable injury or damage to property or business.

(h) Radioactivity or Electrical Disturbance. Devices which radiate radio frequency

energy shall be so operated as not to cause interference with any activity carried on

beyond the boundary line of the property upon which the device is located. Radio

frequency energy is electromagnetic energy at any frequency in the radio spectrum

between ten (10) kilocycles and three (3) million megacycles.

(i) Vibration. Every use shall be so operated that the ground vibration inherently and

recurrently generated is not perceptible, without instruments at any point on any boundary

line of the lot on which the use is located.

(j) Storage of Vehicles. It shall be unlawful for any person to store or keep any vehicle of

any type requiring a license to operate on a public highway without a current license

attached, whether such vehicles be dismantled or not, outside of any enclosed building,

except in junkyards.

(k) Other Public Nuisances. No liquid, nor solid wastes, or other adverse influences shall

be permitted that will in any way have an objectionable effect upon adjacent or nearby

property.

(l) Weeds and Rank Growth. All noxious weeds and other rank growth of vegetation are

a public nuisance. In addition to the requirements of (a), the Zoning Administrator shall

also consider the type of weed or growth and the height of the weed or growth when

determining whether noxious weeds or rank growth exist.

(m) Exterior Storage of Supplies. Exterior storage of scrap lumber, junk, trash, or other

debris, including, but not limited to: discarded objects or equipment such as vehicles,

furniture, appliances, farm or manufacturing equipment, building materials or litter may

be declared a public nuisance.

(n) Building Exteriors. Exterior patchwork, repair or reconstruction which results in a

multi-textured or multi-colored effect or appearance not consonant with the décor,

architectural design or aesthetics of the rest of such building may be declared a public

nuisance.

(o) Storage of Vehicles. A motor vehicle, boat, trailer, recreational vehicle or camping

vehicle parked in a front, side and/or rear yard may be declared a public nuisance if:

(1) it obscures a motorist’s vision of traffic; or

(2) it is not stored or parked on a hard surface, such as concrete, asphalt, brick or

gravel.

(p) Other Public Nuisances. No liquid, nor solid wastes, or other adverse influences shall

be permitted that will in any way have an objectionable effect upon adjacent or nearby

6 O.C. 605 – Page 25

property.

605.6-13. Fees. All fees related to the administration of this law shall be approved from time to

time by the Oneida Business Committee, upon recommendation of the Land Commission and

shall be on record in the office of the Tribal Secretary and the Zoning Administrator.

605.7 Districts

605.7-1. For purposes of this law, the Reservation is divided into the following districts:

(a) Single Family Residential District (R-1).

(b) Two Family Residential District (R-2).

(d) High Density Multi-Family Residential District (R-4).

(e) Mobile Home Park District (R-5).

(f) Commercial District (C-1).

(g) Industrial District (M-1).

(h) Institutional District (G-1).

(i) Agricultural District (A-1).

(j) Conservancy District (T-1).

(k) District Overlays.

(1) Airport District Overlay (AP-1).

(2) Protected Area District Overlay (E-1).

605.7-2. Single Family Residential District (R-1). The purpose of this district is to allow low

density single family units to be built in designated areas where community sanitary sewer and

water are available.

(a) Permitted Uses.

(1) Single-family dwelling.

(2) Public parks/Green space.

(b) Accessory Uses.

(1) One (1) accessory building per lot.

(2) One (1) private garage per lot.

(3) Private swimming pools and tennis courts.

(4) Signs as regulated in 605.11.

(1) Two-family dwelling.

(2) Bed and breakfast establishments.

(3) Churches.

(4) Schools.

(5) Public buildings.

(6) Day care centers.

(7) Home occupations.

(8) Group foster home.

(9) Second accessory building.

(10) Mobile homes: double wide anchored on a basement or with a crawl space.

(11) Recreational areas.

6 O.C. 605 – Page 26

(12) Kennels.

(13) The raising or keeping of livestock, in accordance with the Regulation of

Domestic Animals Ordinance.

(d) Prohibited Uses.

(1) Junkyards, including automobile salvage and scrap yards.

(2) Quarries.

(3) Landfills.

(4) Any industrial or commercial use.

(e) Standards.

(1) Setbacks.

(A) Front yard setback: thirty (30) feet.

(B) Front yard setback-detached garages and accessory buildings: sixty

(60) feet.

feet.

(D) Rear yard setback: thirty (30) feet.

(E) Rear yard setback-detached garages and accessory buildings: five (5)

feet.

(F) Conditional use setbacks: front yard- thirty (30) feet; side yard - ten

(10) feet; rear yard - fifty (50) feet.

(G) Where a garage is entered from an alley, it must be kept ten (10) feet

from the alley line.

(2) Minimum lot size, where a public sewer is available: fifteen thousand (15,000)

square feet; where private sewage systems are available- one and a half (1½)

acres.

(3) Minimum frontage: one hundred (100) feet.

(4) Minimum building area: nine hundred fifty (950) square feet. If a building

plan is provided that allows for expansion of the original building, phased

construction, then phase 1 or the initial building may be a minimum of seven

hundred fifty (750) square feet.

(5) Maximum building area-garage and accessory building: twelve hundred

(1,200) square feet or thirty percent (30%) of the rear yard, whichever is less.

(6) Minimum distance between buildings: ten (10) feet.

(7) Maximum building height shall not exceed two and a half (2½) stories or

thirty (30) feet, whichever is less.

(8) Parking: Houses without an attached garage shall have at least two (2) offstreet parking spaces per unit.

(9) Home occupations.

(10) Accessory buildings and uses.

(A) No accessory building shall be constructed or use developed on a lot

prior to obtaining a permit.

(B) All accessory buildings and uses shall comply with the regulations of

the zoning district in which they are located.

6 O.C. 605 – Page 27

yard other than the rear yard, except on a corner lot, where accessory

buildings may also be located in a side yard.

(D) No accessory building shall exceed the height of the principal

building.

(E) Setbacks for buildings relating to raising livestock shall be consistent

with the setbacks located in the Regulation of Domestic Animals

Ordinance.

(F) No access door or other opening of an accessory building shall exceed

the height of twelve (12) feet.

605.7-3. Two Family Residential District (R-2). The purpose of this district is to allow twofamily dwelling units where community sanitary sewer and water services are available.

(a) Permitted Uses.

(1) Any use permitted in the R-1 District.

(2) Two-family dwelling.

(b) Accessory Uses. Any accessory use permitted in the R-1 District.

(1) Any conditional uses permitted in the R-1 District, except for a two-family

dwelling.

(2) Convalescent or nursing homes.

(3) Boarding houses.

(4) Second accessory building.

(d) Prohibited Uses. Any use prohibited in the R-1 District.

(e) Standards.

(1) Setbacks.

(A) Front yard setback: thirty (30) feet.

(B) Front yard setback-detached garages and accessory buildings: sixty

(60) feet.

feet.

(D) Rear yard setback: thirty (30) feet.

(E) Rear yard setback-garages and accessory buildings: five (5) feet.

(F) Conditional uses shall have the following setbacks: front yard-thirty

(30) feet; side yard-ten (10) feet; rear yard-thirty (30) feet.

(2) Minimum lot size: fifteen thousand (15,000) square feet.

(3) Minimum frontage: one hundred (100) feet.

(4) Minimum building area: nine hundred fifty (950) square feet for a singlefamily dwelling; nineteen hundred (1,900) square feet for a two-family dwelling.

If a building plan is provided that allows for expansion of the original building,

phased construction, then phase 1 or the initial building may be a minimum of

seven hundred fifty (750) square feet.

6 O.C. 605 – Page 28

(5) Maximum building area-garage and accessory buildings: twelve hundred

(1,200) square feet per dwelling unit, or thirty percent (30%) of the rear yard,

whichever is less.

(6) Minimum distance between buildings: ten (10) feet.

(7) Maximum building height shall not exceed two and a half (2½) stories or

thirty (30) feet, whichever is less.

(8) No accessory building, other than a garage, shall be located within any yard

other than the rear yard, except on a corner lot, where accessory buildings may

also be located in a side yard.

(9) Parking: Shall have at least two (2) off-street parking spaces per unit.

605.7-4. Low Density Multi-Family Residential District (R-3). The purpose of this district is to

allow townhouses and small apartment buildings in those areas most suited for development,

where adequate sewer and water services are immediately available.

(a) Permitted Uses.

(1) Any use permitted in the R-2 District.

(2) Apartment buildings containing not more than ten (10) dwelling units.

(3) Townhouses containing not more than six (6) dwelling units.

(b) Accessory Uses.

(1) One (1) accessory building per lot.

(2) Private garage.

(3) Private swimming pools and tennis courts.

(4) Signs as regulated in 605.11.

(5) Recreational areas.

(1) Any conditional use permitted in the R-2 District, except for a kennel.

(2) Hospitals.

(3) Two (2) or more accessory buildings.

(4) Golf courses.

(d) Prohibited Uses. Any use prohibited in the R-2 District.

(e) Standards.

(1) Setbacks.

(A) Front yard setback: thirty (30) feet.

(B) Front yard setback-garages and accessory buildings: sixty (60) feet.

(D) Rear yard setback, including detached garages and accessory

buildings: thirty (30) feet.

(E) Conditional uses shall have the following setbacks: front yard-thirty

(30) feet; side yard-ten (10) feet; rear yard-thirty (30) feet.

(2) Minimum lot size-fifteen thousand (15,000) square feet, or four thousand

(4,000) square feet per unit, whichever is larger

(3) Minimum frontage: one hundred fifty (150) feet

(4) Minimum building area: Nine hundred fifty (950) square feet for a singlefamily dwelling; nineteen hundred (1,900) square feet for a two family dwelling;

6 O.C. 605 – Page 29

six hundred (600) square feet per unit in dwellings with three (3) or more units.

In a single-family dwelling or two-family dwelling, if a building plan is provided

that allows for expansion of the original building, phased construction, then phase

1 or the initial building may be a minimum of seven hundred fifty (750) square

feet per unit.

(5) Maximum building area-garage and accessory buildings: thirty percent (30%)

of the rear yard.

(6) Minimum distance between buildings: One and two-family dwellings-ten (10)

feet; dwellings with three (3) or more units-twenty (20) feet.

(7) Maximum building height: forty-five (45) feet

(8) No accessory building shall be located within any yard other than the rear yard,

except on a corner lot, where accessory buildings may also be located in a side

yard.

(9) Parking: At least two (2) off-street parking spaces for each dwelling unit,

except for elderly, disabled, and/or handicapped housing projects (tenants limited

to persons with physical disabilities or handicapped as defined by the Social

Security Administration or over fifty-five (55) years of age), which shall have at

least one (1) off-street parking space per unit.

605.7-5. High Density Multi-Family District (R-4). The purpose of this district is to permit large

multiple dwelling development in those areas where adequate sewer and water supplies are

immediately available.

(a) Permitted Uses

(1) Any use permitted in the R-3 District.

(2) Multiple-family dwellings containing eleven (11) or more units (Apartments).

(3) Townhouses containing not more than ten (10) dwelling units.

(4) Condominiums containing not more than ten (10) dwelling units.

(b) Accessory Uses. Any accessory use permitted in the R-3 District.

(1) Any conditional use permitted in the R-3 District.

(2) Retail shops and restaurants situated entirely within a permitted use, and

which are accessible only from the interior of the building, and have no

advertising or display which is visible from the outside of the building, and which

are primarily intended for use by the residents of the building.

(d) Prohibited Uses. Any use prohibited in the R-3 District.

(e) Standards.

(1) Setbacks.

(A) Front yard setbacks-one (1) and two (2) stories: thirty (30) feet; three

(3) or more stories: an additional five (5) feet for each story or fractional

story over two (2).

(B) Front yard setback-detached garages and accessory buildings: sixty

(60) feet.

6 O.C. 605 – Page 30

three (3) or more stories: an additional three (3) feet for each story or

fractional story over two (2).

(D) Rear yard setback–one (1) and two (2) stories: twenty-five (25) feet;

three (3) or more stories: an additional five (5) feet for each story or

fractional story over two (2).

(E) Rear yard setback–detached garages and accessory buildings-less than

eight hundred (800) square feet: five (5) feet; more than eight hundred

(800) square feet and adjacent to a residential district: twenty-five (25)

feet; all other detached garages and accessory buildings: five (5) feet.

(F) Conditional uses shall have the same setbacks as adjacent uses;

provided that the more restrictive setbacks shall apply in cases where

adjacent uses are in another district and in cases where adjacent uses vary

in setback.

(2) Minimum lot size: fifteen thousand (15,000) square feet or four thousand

(4,000) square feet per dwelling unit, whichever is greater.

(3) Minimum frontage: one hundred (100) feet.

(4) Minimum building area-one unit: nine hundred fifty (950) square feet; two (2)

units: nineteen hundred (1,900) square feet; more than two (2) units: six hundred

(600) square feet per unit; no unit shall have less than six hundred (600) square

feet.

(5) Maximum building area-garage and accessory building: thirty percent (30%)

of the rear yard.

(6) Minimum distance between buildings–one (1) and two (2) unit dwellings: ten

(10) feet; dwellings with more than two (2) units: twenty-five (25) feet.

(7) Maximum building height: three (3) stories or forty-five (45) feet, whichever

is less.

(8) No accessory buildings, other than a garage, may be located within any yard

other than the rear yard, except on a corner lot, where accessory buildings may

also be located in a side yard.

(9) Parking: At least two (2) off-street parking spaces for each dwelling unit,

except for elderly, disabled, and/or handicapped housing projects (tenants limited

to persons with physical disabilities or handicapped as defined by the Social

Security Administration or over fifty-five (55) years of age, which shall have at

least one (1) off-street parking space per unit.

(10) In any building containing ten (10) or more units, garbage shall be completely

enclosed by walls and roof and all garbage shall be stored in completely enclosed

containers approved by the Land Commission.

(11) Accessory Buildings: Exteriors of accessory buildings for multiple dwellings

having more than ten (10) dwelling units shall have the same exterior finish as the

principal building.

6 O.C. 605 – Page 31

605.7-6. Mobile Home Park District (R-5). The purpose of this district is to allow mobile home

parks in areas that are so located, designed, and improved as to provide a desirable environment

and protection for and from adjoining uses.

(a) Permitted Uses.

(1) Class A and Class B mobile homes in developments of twenty (20) or more

lots.

(2) Common recreational facilities.

(3) Community buildings.

(4) Tornado shelters.

(b) Accessory Uses.

(1) Garages.

(2) One (1) accessory building per lot.

(3) Signs as regulated in 605.11.

(4) Recreational areas.

(1) Day care centers.

(2) Home occupations.

(3) Commercial and service facilities that are intended to serve only persons

within the mobile home park, provided that such facilities, including related

parking areas, shall not occupy, in total, more than five percent (5%) of the area of

the mobile home park.

(4) Outdoor storage areas, including those for recreational vehicles, may be

located within mobile home parks, provided that they are visually separated from

adjoining uses, and provided that such storage areas shall not occupy, in total,

more than five percent (5%) of the area of the mobile home park.

(5) Mobile offices, no more than one (1) unit per development.

(d) Prohibited Uses.

(1) Recreational vehicles shall not be occupied as living quarters.

(2) Sales lots shall not be permitted, but dwellings may be sold on lots they

occupy in residential use.

(3) The raising or keeping of livestock.

(4) Kennels.

(e) Mobile Home Park Standards.

(1) Minimum acreage: six (6) acres with three (3) exits.

(2) Minimum width of entrances and exits: sixty (60) feet.

(3) Minimum frontage: two hundred (200) feet.

(4) Minimum number of lots or spaces completed and ready for occupancy before

occupancy is permitted: twenty (20) lots.

(5) Minimum landscaped buffer from adjacent residential zone: fifty (50) feet.

(6) Tornado shelters shall be able to hold at least the minimum number of people

residing in the park.

(7) Common Recreational Facilities.

6 O.C. 605 – Page 32

(A) No less than ten percent (10%) of the total area of any mobile home

park shall be devoted to common recreational areas, such as playgrounds,

swimming pools, community buildings, ways for pedestrians and cyclists

away from streets, and/or other recreational areas in block interiors.

(B) At least one (1) principal common recreational area shall contain not

less than five percent (5%) of the total area of the development.

pedestrians or cyclists shall be at least ten (10) feet in width and form part

of a system leading to principal destinations. Such ways may also be used

for installation of utilities.

(D) To be countable as common recreational area, inner block play or

recreational areas shall be at least twenty (20) feet in least dimension and

shall contain not less than one thousand (1,000) square feet.

(E) Common recreational areas shall not include streets or parking areas,

shall be closed to automotive traffic except for maintenance and service

vehicles, and shall be improved and maintained for the uses intended.

(f) Mobile Home Lot Standards.

(1) Setbacks.

(A) Front yard setback-principal: ten (10) feet.

(B) Front yard setback-detached garages: twenty (20) feet.

(D) Side yard setback-principal and accessory buildings: seven and a half

(7½) feet.

(E) Rear yard setback-principal: ten (10) feet.

(F) Rear yard setback–detached garages and accessory building: five (5)

feet.

(G) Conditional uses shall have the following setbacks: front yard-twentyfive (25) feet; side yard-twenty-five (25) feet; rear yard-twenty-five (25)

feet.

(2) Minimum mobile home lot size: seven thousand (7,000) square feet.

(3) Minimum frontage: seventy (70) feet.

(4) Minimum mobile home area: seven hundred twenty (720) square feet.

(5) Maximum building area accessory building: thirty (30) square feet.

(6) Minimum distance between buildings: five (5) feet.

(7) Maximum height: thirty-five (35) feet.

(8) No accessory building, other than a garage, may be located in any yard other

than the rear yard.

(9) Parking: at least two (2) off-street parking spaces; parking is not permitted in

any setback areas, except in a detached garage setback.

(10) Landscaping. Except for the mobile home pad, parking, recreational area,

and sidewalks, the entire lot shall be seeded or sodded and maintained with grass.

(11) No more than one (1) unit is permitted per mobile home lot.

6 O.C. 605 – Page 33

(12) Maximum mobile home coverage: A dwelling unit and its accessory

building shall not occupy more than thirty-five percent (35%) of the mobile home

lot area. Where a roofed area, such as a carport or outdoor recreational shelter, is

open for forty percent (40%) or more of its perimeter, its lot coverage shall be

computed as one-half (½) the area covered by the roof.

(13) Outdoor living area on each mobile lot is required:

(A) The outdoor living area shall be no less than three hundred (300)

square feet nor more than five hundred (500) square feet.

(B) The minimum horizontal dimension of such area shall not be less than

fifteen (15) feet.

convenience and optimum use.

(D) Within such area, a section suitably surfaced for garden furniture shall

be provided, not less than one hundred (100) square feet in area nor ten

(10) feet in minimum horizontal dimension. This section may be covered

in whole or in part by a roof, subject to the limitations on maximum

mobile home lot coverage.

605.7-7. Commercial District (C-1). The purpose of this district is to provide relatively compact

centers for retail sales and services offering a wide range of goods and services.

(a) Permitted Uses.

(1) Antique sales.

(2) Animal hospital and pet shop.

(3) Art shop, gift shop, picture framing.

(4) Auction establishments.

(5) Automobile sales and service establishments.

(6) Bakery-retail sales on premises only.

(7) Bank or financial institution.

(8) Barber shop and beauty parlor.

(9) Book and stationary store.

(10) Bowling alley, pool and billiard room, gymnasium, dancing school, dance

hall, skating rink, theater.

(11) Caterer.

(12) Churches, public schools, parochial schools, and colleges.

(13) Convention and exhibition hall.

(14) Dress shop, shoe store, clothing store, dry goods store, notion store, hosiery

shop, tailor shop.

(15) Drive-in restaurants.

(16) Drug store, pharmacy.

(17) Florist shop.

(18) The following retail establishments: food products, grocery store,

delicatessen, meat and fish market, fruit and vegetable store, tea and coffee store,

package liquor, beer depot.

(19) Funeral home and/or mortuary.

6 O.C. 605 – Page 34

(20) Furniture upholstering, refinishing, repairs and sales.

(21) Hardware and paint stores.

(22) Hobby goods stores.

(23) Hospital or sanitarium.

(24) Household appliance store, plumbing, heating and electrical supplies,

crockery store.

(25) Interior decorating studios.

(26) Lunchroom, candy store, confectionery store, ice cream store, soda fountain,

soft drink stand.

(27) Marinas and aquatic nurseries.

(28) Microwave relay structures.

(29) Motels and hotels.

(30) Municipal buildings, except sewage treatment plants, garbage incinerators,

storage yards, and penal or correctional institutions.

(31) Video sales and rentals.

(32) Music store, radio store, and television store.

(33) Newsstand and news agency.

(34) Nursing or convalescent home.

(35) Photographer’s studio, photographer’s supplies.

(36) Printing and engraving establishments.

(37) Private club or lodge.

(38) Professional offices.

(39) Public and commercial recreational and community center buildings and

grounds.

(40) Public garage, public or commercial parking lot.

(41) Public parks.

(42) Radio and television broadcasting studios.

(43) Railroad and bus passenger depots.

(44) Public buildings, philanthropic, and charitable institutions.

(45) Retail cleaners and dry cleaners.

(46) Retail monument sales.

(47) Restaurant, refreshment stand.

(48) Telegraph and telephone office.

(49) Television repair and appliance repair shops.

(50) Cable television sales.

(b) Accessory Uses.

(1) Signs as regulated under 605.11.

(2) Accessory uses customarily incidental to the principal use, including the

processing or treatment of products clearly incidental to the conduct of the

business, located on the premises, provided that said processing or treatment does

not occupy more than forty percent (40%) of the total floor area.

(1) Accessory building, more than one (1) per lot.

6 O.C. 605 – Page 35

(2) Arcade.

(3) Automobile body shops.

(4) Automobile car washes.

(5) Coin operated cleaning and washing.

(6) Day care centers.

(7) Farm implement sales and service.

(8) Gambling/gaming operations.

(9) Gas stations.

(10) Commercial greenhouses.

(11) Heavy equipment sales and service.

(12) Mobile home sales and service .

(13) Repair facilities.

(14) Taverns.

(15) Tobacco and pipe stores.

(d) Prohibited Uses.

(1) Adult entertainment.

(2) The manufacture, processing, or storage of explosives.

(3) Exterior storage of any wrecked or untitled vehicle, farm implements,

equipment, furniture, etc.

(4) Hazardous or toxic material storage, manufacture, sales.

(5) Junkyards.

(6) Land fills.

(e) Standards.

(1) Setbacks.

(A) Front yard setback-principal building: forty (40) feet.

(B) Front yard setback-accessory building: sixty (60) feet.

(D) Rear yard setback: five (5) feet, except in the cases where the lot is

adjacent to a residential district; in such case the rear yard setback

requirements shall be the same as the rear yard setback of the adjacent

residential district.

(E) Conditional uses shall have the following setbacks: front yard-forty

(40) feet; side yard –fifty (50) feet; rear yard –fifty (50) feet, except in

cases where the lot is adjacent to a residential district, in such cases the

rear yard setback requirements shall be the same on the rear yard setback

of the adjacent residential district.

(2) Minimum lot size: seven thousand two hundred (7,200) square feet.

(3) Minimum frontage: sixty (60) feet.

(4) Minimum building area: exclusive of temporary and seasonal facilities shall be

not less than one hundred (100) square feet.

(5) Maximum lot coverage - principal and accessory buildings combined: fifty

percent (50%).

(6) Minimum distance between buildings: ten (10) feet

6 O.C. 605 – Page 36

(7) Maximum building height: two and a half (2½) stories or thirty (30) feet,

whichever is less.

(8) No accessory building shall be located within any yard other than the rear yard,

except on a corner lot, where accessory buildings may also be located in a side

yard.

(9) Parking. Parking may be provided in the front yard setback, provided that a

landscaped buffer of at least ten (10) feet in width from the right-of-way line shall

be maintained.

(10) Yard Storage. Wherever a business establishment stores part of its goods,

supplies, merchandise, or returnable containers outside the confines of its

building, it shall provide an enclosure of a solid fence or its equivalent not less

than six (6) feet high around such storage area.

605.7-8. Industrial District (M-1). The purpose of this district is to encourage manufacturing,

warehousing, and similar and related uses.

(a) Permitted Uses.

(1) Commercial uses permitted in the C-1 District.

(2) Airports.

(3) Automobile body shop.

(4) Blacksmithing and tinsmithing, machine shop, light sheet metal products.

(5) Colleges and trade schools.

(6) Feed or seed mill.

(7) Commercial greenhouse.

(8) Knitting mills and the manufacture of products from finished fabrics.

(9) Laboratory experiments or testing.

(10) Manufacturing of articles made from previously prepared materials such as:

bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn,

leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles,

wax, wire, yarns and the like.

(11) Manufacture of musical instruments, toys, novelties, rubber or metal stamps,

and other small, molded rubber products. Fabrication and repair of electric or

neon signs or other commercial advertising structures.

(12) Manufacture of products from paper, but not manufacture of paper or pulp.

(13) Manufacture and bottling of beverages.

(14) Manufacture of products from wood, except the manufacture of paper and

pulp and plastics.

(15) Manufacture of sporting goods, home and office appliances, and supplies.

(16) Manufacture of cigars, cigarettes, and smoking tobacco.

(17) Municipal buildings.

(18) Wholesale or distributing establishment or warehouse.

(19) Wholesale market.

(20) Other uses of a similar character to the above uses and no more objectionable

by reason of the emission of odor, dust, smoke, gas, fumes, noise or vibration.

(b) Accessory Uses.

6 O.C. 605 – Page 37

(1) Such accessory uses as are customary in connection with the foregoing

permitted uses.

(2) Living quarters for a watchman or caretaker provided that he is employed on

the same premises as the dwelling unit is located.

(3) Signs as regulated under 605.11.

(1) Two (2) or more accessory buildings on one (1) lot.

(2) Cement, brick, or clay products manufacturing.

(3) Concrete batch plant.

(4) Fuel storage (flammable or explosive).

(5) Gas Stations

(6) Metal fabrication.

(7) Planing mill.

(8) Junkyards, including automobile salvage, and scrap and salvage yards,

provided that no smelting is permitted on the premises.

(9) Contractors and demolition firms.

(10) Sewage treatment plants.

(11) Garbage incinerators.

(12) Manufacture of goods from plastics.

(13) Manufacture of water heating and treatment equipment.

(14) Painting and enameling.

(15) Railroad spurs.

(16) Repair service and assembly of vehicles, including the repair and storage of

automotive accessories, except the wrecking of motor-propelled vehicles.

(17) Service industry such as commercial laundries, cleaners and dry cleaners.

(18) Storage and warehousing of materials.

(19) Truck or transfer terminal, freight house or bus garage and repair shop.

(20) Fuel storage (nonflammable, non-explosive).

(21) Manufacturing, compounding, processing, packaging or treatment of the

following goods, materials and products: bakery goods, candy, cosmetics,

pharmaceuticals, toiletries, food products - except the following: meat products,

sauerkraut, cabbage by-products, vinegar, yeast, and the rendering of fats and oils.

(d) Prohibited Uses.

(1) Any residential use, except caretakers.

(2) Blast furnaces.

(3) Correctional institutions.

(4) Forge plants.

(5) Foundries.

(6) Garbage, recycling, or transfer stations.

(7) Landfills.

(8) Primary metal industries.

(9) Quarries.

(10) Rolling mills.

6 O.C. 605 – Page 38

(11) Schools, except colleges and trade schools.

(12) The manufacture, processing, or distribution of petroleum or coal products.

(13) The manufacture, processing, or storage of explosives.

(14) The manufacture, processing, storage, or distribution of animals or animal

by-products; rendering plants, meat packing, gelatin, glue, soap, or fertilizer

manufacturing, slaughterhouse, etc.

(15) Hazardous or toxic material storage, manufacture, sales.

(16) Other similar uses as defined by the Zoning Administrator.

(e) Standards.

(1) Setbacks.

(A) Front yard setback: twenty-five (25) feet.

(B) Side yard setback: ten (10) feet, except in areas adjacent to residential

districts where the setback shall be fifty (50) feet.

residential districts where the setback shall be fifty (50) feet.

(D) Conditional uses shall have setbacks as required by the Zoning

Administrator; provided that no front nor rear yard setback shall be less

than twenty-five (25) feet; and further provided that no side yard setback

shall be less than ten (10) feet.

(2) Minimum lot size: one (1) acre.

(3) Minimum lot dimension: one hundred fifty (150) feet.

(4) Maximum lot coverage, principal and accessory buildings: fifty percent (50%).

(5) Minimum distance between buildings: ten (10) feet.

(6) Maximum building height: three (3) stories or forty-five (45) feet, whichever

is less.

(7) All open areas of any lot not used for parking, driveways, or storage shall be

landscaped with trees, shrubs, berms, or planted ground covers.

(8) Appearance.

(A) All walls which face a public right-of-way shall be deemed front walls

for purposes of this paragraph; said front walls shall be faced with

decorative masonry. In cases where a building is set back two hundred

(200) feet or more from the public right-of-way, said front walls may be

partially faced with any material provided that the Land Commission shall

give written approval of the specified material prior to issuance of the

zoning permit. For the purpose of this paragraph, standard, light-weight,

or cinder concrete block with conventional staggered joint design are not

considered decorative masonry.

(B) All buildings shall be kept in good repair and appearance at all times.

(9) Parking. Parking may be provided in the front yard setback, provided that a

landscaped buffer of at least ten (10) feet in width from the right-of-way line shall

be maintained.

(10) Outdoor storage shall be permitted in side and rear yards only. Said storage

shall be screened from any adjacent residential use.

6 O.C. 605 – Page 39

605.7-9. Institutional District (G-1). The purpose of this district is to allow institutional units

where community sewer and water services are available.

(a) Permitted Uses.

(1) Schools.

(2) Government offices (public buildings).

(3) Public parks.

(4) Fire, safety, and emergency buildings.

(5) Nursing homes and convalescent homes.

(6) Assisted living units.

(7) Elderly housing.

(b) Accessory Uses.

(1) Government garages or accessory building, garages to permitted uses.

(2) Recreational area, including public swimming pools and tennis courts.

(3) Signs as regulated in section 605.11.

(1) Any residential use.

(2) Churches.

(3) Day care centers.

(4) Hospitals, sanitariums and asylums.

(d) Prohibited Uses.

(1) Blast furnaces.

(2) Correctional institutions.

(3) Forge plants.

(4) Foundries.

(5) Garbage, recycling, or transfer stations.

(6) Incinerators.

(7) Junkyards.

(8) Landfills.

(9) Primary metal industries.

(10) Quarry.

(11) Rolling mills.

(12) Sewage treatment plants.

(13) The manufacture, processing, or distribution of petroleum or coal products.

(14) The manufacture, processing, or storage of explosives.

(15) The manufacture, processing, storage, or distribution of animals or animal

by-products; rendering plants, meat packing, gelatin, glue, soap, or fertilizer

manufacturing, slaughterhouse, etc.

(16) Other similar uses as defined by the Zoning Administrator.

(e) Standards.

(1) Setbacks.

(A) Front yard setback: thirty-five (35) feet.

(B) Front yard garages and access buildings: sixty (60) feet.

6 O.C. 605 – Page 40

(D) Rear yard: thirty (30) feet.

(2) Minimum frontage: two hundred (200) feet.

(3) Minimum building area: one hundred fifty (150) square feet.

(4) Maximum building area, garage and accessory building: thirty percent (30%)

of the lot.

(5) Minimum distance between buildings: fifteen (15) feet.

(6) Maximum building height: forty-five (45) feet or three (3) stories, whichever

is less.

(7) No accessory building, other than a garage, shall be located within any yard

other than the rear yard, except on a corner lot, where accessory buildings may

also be located in a side yard.

605.7-10. Agricultural District (A-1). The purpose of the Agricultural District is to provide a

district which will permit extensive portions of the Reservation to retain their rural character and

low population density; and to prevent the occurrence of premature scattered urban development

which would be uneconomical in terms of providing municipal services, utilities, and schools.

(a) Permitted Uses.

(1) Single-family or two-family dwellings.

(2) Living quarters for persons employed on the premises of a permitted use.

(3) Farm buildings used for growing, harvesting, preparing, and storing crop

products for market, or for use on the farm; or for storing and protecting farm

machinery and equipment from the elements; or for housing livestock, poultry,

bees, or fur bearing animals.

(4) The growing, harvesting and storage of crops.

(5) The keeping, raising, or feeding of livestock, poultry, bees or fur-bearing

animals.

(6) Animal hospitals and kennels.

(7) Riding stables.

(8) Dairying.

(9) Horticulture, including floriculture, landscape nurseries, and greenhouses.

(10) Forestry and game management.

(11) Orchards.

(12) Pasture.

(13) Stands for the sale of agricultural products produced on the premises.

(14) Public parks.

(15) Home occupations.

(16) Buildings and storage for aquaculture, fishery.

(17) Conservation practices.

(18) Other uses commonly considered agricultural in nature.

(b) Accessory Uses.

(1) Buildings accessory to a permitted use.

(2) Private garages.

(3) Private swimming pools, ponds, and tennis courts.

(4) Signs as regulated under 605.11.

6 O.C. 605 – Page 41

(1) Churches.

(2) Schools.

(3) Golf courses, but not including commercial driving tees, ranges, or miniature

golf courses.

(4) Public buildings.

(5) Cemeteries.

(6) Commercial radio and television transmission stations.

(7) Forest harvesting equipment, such as sawmills, maple syrup producing plants,

and charcoal plants.

(8) Airports.

(9) Quarries.

(10) Landfills, non-toxic.

(11) Junkyards.

(12) Group foster home.

(13) Meat packing.

(d) Prohibited uses

(1) Multiple-family dwellings.

(2) Blast furnaces.

(3) Correctional institutions.

(4) Forge plants.

(5) Foundries.

(6) Garbage, recycling, or transfer stations.

(7) Hospitals, sanitariums, or asylums.

(8) Incinerators.

(9) Primary metal industries.

(10) Philanthropic, and charitable institutions.

(11) Rolling mills.

(12) Sewage treatment plants.

(13) The manufacture, processing, or distribution of petroleum or coal products.

(14) The manufacture, processing, or storage of explosives.

(15) The manufacture, processing, or storage of animals or animal by-products;

rendering plants, gelatin, glue, soap, or fertilizer manufacturing, slaughterhouse,

etc.

(16) Other similar uses as defined by the Zoning Administrator.

(e) Standards.

(1) Setbacks.

(A) Front yard setback: fifty (50) feet.

(B) Side and rear yard setback adjacent to agricultural or industrial uses:

fifty (50) feet.

districts: one hundred (100) feet.

(D) Conditional uses shall have the same setbacks as permitted uses.

6 O.C. 605 – Page 42

(2) Minimum lot size: One and a half (1½) acres.

(3) Location: The minimum lineal distance between dwellings on the same side of

the street shall be five hundred (500) feet.

(4) Minimum building area for dwellings: nine hundred fifty (950) square feet.

(5) Maximum size for roadside stands: three hundred (300) square feet.

(6) Minimum distance between buildings: ten (10) feet.

(7) Maximum height of dwellings: two and a half (2½) stories or thirty (30) feet,

whichever is less.

(8) Maximum height of farm buildings: sixty (60) feet.

(9) Maximum height of roadside stands: ten (10) feet.

(10) Parking: at least two (2) off-street parking spaces for each dwelling located

on the lot, plus at least one (1) off-street parking space for each employee plus

space to accommodate all vehicles used in connection with the permitted use

thereon.

605.7-11. Conservancy District (T-1). The purpose of the Conservancy District is to protect and

preserve the health and integrity of natural systems and areas of cultural and historic importance.

(a) Permitted Uses.

(1) Harvesting wild crops, including, but not limited to, ferns, wild rice,

mushrooms, berries, fruit, and seeds.

(2) Hunting, trapping and fishing.

(3) Forestry.

(4) Wildlife preserves and scientific areas.

(b) Accessory Uses. There are no accessory uses in the Conservancy District.

(1) Hiking trails, bridle trails, and bike paths.

(2) Buildings used solely in conjunction with raising waterfowl, minnows, and

other similar lowland animals, fowl, or fish.

(3) Docks, boathouses, and boat landings.

(4) Bridges, fences or waterway obstructions, such as dams.

(5) Parks and swimming areas.

(6) Filling, grading, lagooning, dredging, and excavating.

(7) Parking areas.

(d) Prohibited Uses. Every use not listed above is a prohibited use, except as may be

approved by the Land Commission as a conditional use.

605.8 District Overlays

605.8-1. In addition to the districts outlined in 605.7, the Reservation has district overlays that

restrict the permitted uses of the underlying district. All uses allowed in the underlying district,

as provided in 605.7 shall continue to be permitted, provided that the use meets the restrictions of

any applicable district overlay, as set forth in this section.

605.8-2. Airport District Overlay (AP-1). It is the purpose of this district overlay to regulate the

use of property and to regulate and restrict the height of structures and objects of natural growth

in the vicinity of an airport to promote the health, safety, and general welfare of the general

6 O.C. 605 – Page 43

public, to increase safety in the use of the airport, and to protect persons and property within the

Airport District Overlay. The recommendations take into account the need to protect approaches

to the airport from incompatible land uses that would limit or adversely affect the airport’s ability

to serve the present and future air transportation needs of the Reservation and surrounding areas.

The Airport District Overlay shall extend over all lands and waters within three (3) miles of the

boundaries of the airport.

(a) Use Restrictions. Notwithstanding any other provisions of this law, no use may be

made of land or water within the Airport District Overlay in such a manner as to create

electrical or electronic interference with navigational signals or radio or radar

communication between the airport and aircraft; no use or installation of flashing or

illuminated advertising or business signs, billboards or other type of illuminated structure

which would be hazardous for pilots because of the difficulty in distinguishing between

airport lights and others, or which result in glare in the eyes of pilots using the airport,

thereby impairing visibility in the vicinity of the airport or endangering the landing,

taking off, or maneuvering of aircraft; or use which would emit a discharge of smoke that

would interfere with the health and safety of pilots and the public in the use of the airport,

or which would otherwise be detrimental or injurious to the health, safety and general

welfare of the public in the use of the airport.

(b) Exceptions. The restrictions contained in this section shall not apply to legal fences or

to farm crops which are cut at least once each year.

allowed to grow or be maintained to a height in excess of the applicable height limitations

contained within the Tribal Airport Height Limitation Map on file in the office of the

Zoning Administrator. The permitted height shall not exceed the difference between the

grade elevation and the height limitation numbers shown on the Tribal Airport Height

Limitation Map.

(d) Hazard Marking and Lighting. Any permit or variance granted pursuant to this law

may require the owner of a structure, trees or growth to permit the owner of the airport, at

its own expense, to install, operate, and maintain thereon such markers or lights as may

be necessary to indicate to pilots the presence of a hazard. Prior to installation of any

such markers or lights, the owner of the airport shall receive a permit from the Zoning

Administrator.

(e) Removal. The Zoning Administrator shall cause any structure to be removed or any

tree or growth to be pruned or removed, if he determines that such structure, tree or

growth violates or is about to violate the provisions of this section. Except in cases of an

emergency, the Zoning Administrator shall give the property owner a twenty four (24)

hour written notice to remove the structure, tree, or growth which is in violation. Upon

failure to comply with this notice, the Zoning Administrator shall remove the violating

structure, tree, or growth at cost to the property owner.

(f) Creation of Districts. For the purpose of this law, the lands and waters within three (3)

miles from the boundaries of the airport are divided into the following zoning districts,

with requirements for each district as set forth in (1) through (3) below.

(1) District A. Noise Cone/Crash Hazard.

6 O.C. 605 – Page 44

(A) District A shall include areas which, due to the operation of aircraft,

have a noise rating of 65 ldn or greater and are within the aircraft crash

hazard area.

(B) Permitted uses shall be in addition to the limitation on those permitted

by the underlying district except for prohibited uses provided that they

meet the height restrictions of this law.

farm operation that exceeds thirty-five (35) acres and includes sound

proofing construction techniques that provide a minimum of twenty (20)

decibels extra noise reduction over current industry standards), hospitals,

churches, schools, theaters, amphitheaters, stadiums, campgrounds, any

construction activity or use that would encourage the concentration of bird

(avian) populations, places of public or semi-public assembly and any

other structure or use which may be susceptible to being adversely affected

by loud and extensive noise or would interfere in the use or operation of

the airport.

(2) District B. Overflight/Noise.

(A) District B shall include areas subject to noise levels and crash hazards

resulting from frequent overflights of aircraft and to encourage land uses

which, with proper construction, will not be adversely affected by such

noise and are compatible with the airport’s activities and operations.

(B) Permitted uses shall be those permitted by the underlying district,

provided that they meet the height restrictions of this section.

(3) District C. Height/ Noise.

(A) District C shall include all areas within three (3) miles of the airport

boundaries. Whenever a person within this district applies for a zoning

permit, he shall be informed by the Zoning Administrator of the amount of

the property located within the district. The Zoning Administrator shall

inform the applicant of construction or remodeling techniques that would

decrease the noise associated with the airport operation. These techniques

include additional insulation and air conditioning.

(B) Permitted uses shall be all uses permitted in the underlying district,

provided that the use meets the height restrictions of this section.

605.8-3. Protected Area District Overlay (E-1). The purposes of the Protected Area District

Overlay are to preserve ecological relationships, natural resources, and aesthetic, cultural and

historical values; and to protect the health and integrity of wetlands, watersheds, natural systems,

environmental corridors, capacities of floodways and drainages, and other areas of significance,

such as historical and cultural sites.

Permitted uses in the Protected Area District Overlay of the Reservation shall be planned

and managed in a manner to minimize, insofar as practicable, any resultant damage to the

ecology, environment and capacities of natural systems; and the long term health and

preservation of cultural historical resources of the Reservation.

(a) This district overlay shall extend over

6 O.C. 605 – Page 45

(1) All navigable waters, drainage ways, shoreland areas and floodplains.

(2) Habitats of endangered or threatened species as defined by federal or state law.

(3) Historical, cultural or archeological resources, as defined by Tribal law.

(b) Permitted Uses.

(1) Any use permitted within the Conservancy District.

(1) Any activity within a shoreland area, other than a permitted use.

(2) Non-structural industrial or commercial uses such as loading areas, parking

areas, and airport landing strips.

(3) Private and public uses such as: golf courses, tennis courts, driving ranges,

archery ranges, game farms, fish hatcheries, shooting preserves, target, trap and

skeet ranges, hiking trails, bridle trails and bike paths.

(4) Residential uses such as: lawns, gardens, parking areas, and play areas.

(5) Uses or structures accessory to open space.

(6) Uses or structures accessory to permitted uses.

(7) Sewage treatment plants.

(8) Ponds, if in the floodplain.

(9) Additional uses as approved by the Land Commission

(d) Prohibited Uses. Every use not listed above is a prohibited use, except as may be

approved by the Land Commission as a conditional use.

(e) Standards.

(1) Setbacks.

(A) All structures, except structures which have a function which makes it

necessary for an on or near water location (e.g., boathouses and bridges) or

are otherwise regulated within this law, shall be at least seventy-five (75)

feet from the ordinary high-water mark of navigable waters or a drainage

way.

(B) On-site sewage disposal systems shall be at least fifty (50) feet from

the ordinary high-water mark of navigable waters or a drainage way.

cropping, fertilizing and applying pesticides: thirty-five (35) feet from the

ordinary high-water mark.

(D) Setbacks for feedlots and barnyards: one hundred (100) feet from the

ordinary high-water mark.

(E) Setbacks for waste disposal or the storage of scrap materials, byproducts, raw materials, or marginal products such as fill material, pulp

wood, sand and gravel: one hundred (100) feet from the ordinary highwater mark.

(2) All roads, bridges and railroads shall only cross navigable waters or drainage

ways upon issuance of a permit. All such construction shall minimize the area

affected and vegetation and environmental damage (e.g., siltation, destruction of

natural vegetation, degradation of aesthetics) to navigable waters and drainage

6 O.C. 605 – Page 46

ways and the lands adjacent to them. All waterway crossings shall minimize

obstruction to water flow. Roads, bridges and railroads:

(A) Shall have adequate flood proofing measures provided to a height at or

above the flood protection elevation.

(B) Shall be constructed to minimize any increase in the one hundred year

flood elevation. No increase in the one hundred year flood elevation shall

exceed one-tenth (0.1) of a foot. Also, no increase in the one hundred year

flood elevation shall be allowed unless appropriate arrangements are made

with all affected parties.

(3) Removal of shorecover shall be conducted in accordance with any applicable

Tribal law.

(4) The following non-conforming uses which were in existence at the time of the

original adoption of this law shall conform to the provisions of this law within

three (3) years following the date each case is recorded as a non-conforming use:

(A) Setbacks for pastures.

(B) Setbacks for any agricultural uses.

(D) Setbacks for waste disposal or the storage of other materials, as

covered in 605.8-3(e)(1)(E).

(5) Floodplains. No structure, fill, deposit, obstruction, or other use may be

allowed in the floodplain which, acting alone or in combination with existing or

future uses, unduly affects the capacity of the floodway, unduly increases flood

heights, or unduly diminishes the storage capacity of the floodplain.

(A) Structures in a floodplain:

(i) Shall not be designed for human habitation.

(ii) Shall have a low flood damage potential.

(iii) Shall be constructed and placed on the building site so as to

offer minimum obstruction to the flow of flood waters. Wherever

possible, structures shall be constructed with the longitudinal axis

parallel to the direction of flow of flood waters and will be placed

with their longitudinal axes approximately on the same line as

those of adjoining structures.

(iv) Shall be firmly anchored to prevent them from being washed

away by flood waters.

(v) Shall have all service facilities such as electrical and heating

equipment at or above the flood protection elevation.

(B) Compliance with this law shall not be grounds for the removal of lands

from the floodplain unless such lands are filled to a height of at least two

(2) feet above the elevation of the one hundred year flood for the particular

area and are contiguous to other lands lying outside the floodplain.

(i) Shall be protected against erosion by riprap, vegetation cover,

sheet piling, or a bulkhead.

6 O.C. 605 – Page 47

(ii) Shall have some beneficial purpose and no more than is

necessary to achieve that purpose shall be deposited, a plan shall be

submitted by the owner showing the uses to which the filled land

will be put and the final dimensions of the proposed fill.

(D) All construction and substantial improvements to utilities, sewage

disposal systems and wells shall be flood proofed at or above the flood

protection elevation.

(E) The type of equipment to be used in a project shall be identified in the

permit.

(F) Existing Structures in the Floodplain. No modifications or additions

shall be allowed to any existing structures which are not in compliance

with permitted floodplain standards or uses, unless such modifications or

additions meet all of the following criteria:

(i) The modifications or additions to structures shall not increase

the amount of obstruction to flood flows.

(ii) Any addition to a structure shall be flood proofed, by means

other than the use of fill, to at or above the flood protection

elevation.

(iii) No structural repairs, modifications, or additions to a structure

as long as use continues shall exceed fifty percent (50%) of the

assessed value of the structure adjusted to the most current

equalized value for that area, unless the work places the structure

in conformance with this law.

(iv) Flood Proofing. Flood proofing measures shall be designed

consistent with an elevation at or above the flood protection

elevation to withstand flood velocities, forces, and other factors

associated with flooding. All flood proofing shall provide

anchorage to resist flotation and lateral movement.

605.9. Planned Unit Developments (PUDs)

605.9-1. Planned Unit Developments (PUDs) provide for a greater variety and choice of design

for urban living, gain efficiencies, coordinate design development efforts, conserve and make

available open space, utilize new technologies for urban land development and gain flexibilities

over conventional land control regulations. A PUD shall not be used as a device for

circumventing the Tribe’s development regulations, but shall be employed in instances where

there is truly some benefit to be derived from its use for the community and for the developer. A

PUD allows for flexibility not available under normal zoning district requirements and may

include a combination of land uses.

605.9-2. Application for a PUD may be made for land located in any zoning district pursuant to

conditional uses, and this section.

(a) The requirements for setback, lot width and percentage of lot coverage stated in

individual zoning classifications shall not apply to PUDs. In specific cases, the

requirements for off-street parking and minimum area as stated in individual zoning

6 O.C. 605 – Page 48

classifications may be reduced. These requirements shall be controlled by the criteria and

standards of this section and as shown on the approved PUD plan.

(b) Requirements of this section shall apply to all PUDs. All actions of the Land

Commission relative to a PUD shall be made after recommendations by the Zoning

Administrator.

605.9-3. Types of PUDs. The following types of PUDs may be established by approval on any

existing zoning district or districts as noted below. The area included in each approved PUD

shall be indicated on the zoning map. The options for use are as follows:

(a) PUD-R: Planned Residential Districts in R-2, R-3, R-4 and R-5. It is the intent of this

section that any residential property which is under single ownership and contains three

(3) or more acres may be developed as a PUD-R. Within the PUD-R District the

following uses and densities may be permitted subject to the approval of the Land

Commission.

(1) Uses allowed in the residential district or permitted as a conditional use in the

residential district or districts noted above.

(2) Commercial centers may be permitted in a PUD-R if the PUD contains fifty

(50) or more dwelling units. Such commercial centers shall be subject to the

following requirements:

(A) Such centers, including parking, shall be included as an integral part of

the PUD and shall not occupy more than five percent (5%) of the total area

of the PUD. Commercial uses in any development shall not be open for

use prior to issuance of the certificates of occupancy for fifty percent

(50%) of the dwelling units.

(B) All restrictions applicable to the C-1 District are applicable in a

commercial center in a PUD-R District.

to serve the needs of the persons within the PUD. These buildings shall be

architecturally compatible using similar materials, geometry, topographic

relationships, color and lighting to minimize its effects on the environment

of existing or future residential uses adjacent to it.

(3) The total number of dwellings permitted in the PUD-R shall be determined by

dividing the total project acreage (not including public rights-of-way) by the area

required per unit in that zoning district.

(4) If common open space is remaining and is acceptable to the Land Commission

as is offered to the Tribe, such dedication shall not be considered as partial or total

fulfillment of park and open space dedication.

(5) Upon review of a PUD-R proposal, if special circumstances exist in regard to

land usability, topographical characteristic, or natural assets of the site to be

preserved, the Land Commission may authorize up to a twenty percent (20%)

increase in density over the district requirement if the following criteria are met:

(A) The architecture utilizes existing topography, recognizing the

character of the area and reflecting it in the materials and layout.

6 O.C. 605 – Page 49

(B) Unique natural features are preserved, pedestrian and vehicular

circulation is separated, and open space is integrated.

art forms, water feature) for orientation and interaction, variety of scale.

(D) Compatibility with natural landscape, separation of individual units of

privacy.

(E) Convenient, well defined access.

(F) Compatibility with ultimate plans for school service area and size of

buildings, park systems, police and fire protection standards and other

facilities public or private.

(6) Provision for low and moderate income housing and government subsidized

housing is permitted in any PUD-R. If required, the number of low and moderate

income units shall be determined by the Tribe in accordance with current Tribal

policies and ability to properly service public needs.

(b) PUD-C: Planned Commercial District in C-1. The PUD-C district is created to

provide for the development of planned business and shopping centers and mixtures

thereof. It is intended to promote the grouping of professional offices and retail

commercial uses and to provide areas of sufficient size to establish harmonious

relationships between structures, people, and vehicles through the use of well-planned

parking access, pedestrian walkways, courtyards, walls, and other open spaces. This

district should offer a wide variety of goods and services. Any commercially zoned area

three (3) acres or more in size may be developed as a PUD-C district. Uses permitted in

the commercial zoning districts are permitted in the PUD-C district.

for the development of planned industrial areas. It is intended to promote the grouping of

industrial uses and to group these uses in such a manner that they provide well-planned

parking and access, landscaped open areas, and harmonious relationships between

structures. Any industrial area over five (5) acres not included in existing industrial parks

may be developed as a PUD-M. Uses permitted in industrial zoning districts are

permitted in the PUD-M district.

605.9-4. General Standards. The following provisions apply to all PUD districts:

(a) The setback, lot width and lot coverage requirements as stated in individual zoning

districts shall not apply to PUDs, rather PUDs shall be governed by individual site

limitations as approved by the Land Commission.

(b) The number of off-street parking spaces in each PUD shall not be less than the

requirements as stated except that the Land Commission may increase or decrease the

required number of off-street parking spaces in consideration of the following factors:

(1) Probable number of cars owned by occupants of dwellings in the PUD.

(2) Parking needs of any non-dwelling uses.

(3) Varying time periods of use, and whatever joint use of common parking areas

is proposed. Whenever the number of off-street parking spaces is reduced

because of the nature of the occupancy, the Tribe shall obtain assurance that the

nature of the occupancy will not change.

6 O.C. 605 – Page 50

that are reduced below the minimum required within the residential district, an amount of

land equal to that created through the reduction in required lot sizes shall be reserved, to

be held for the mutual use of the residents of the PUD. This shall be accomplished by

holding, developing and/or maintaining the land as common open space, which shall be

administered through a homeowner’s association; or dedicating the land for public use,

with the Tribe’s acceptance. Land amassed as open space through the reduction of lot

sizes shall not be considered as part of any land dedication requirement of the Tribe.

(d) Signs shall be regulated pursuant to 605.11.

605.9-5. PUD Application Procedure. All applications for a PUD shall comply with the

procedures set forth below and in accordance with any conditional uses.

(a) Pre-Application Conferences. Prior to submitting an application, the applicant shall

confer with the Tribe’s Planning Department in order to:

(1) become acquainted with the PUD procedures and related Tribal requirements;

(2) verify consistency with established Area Development Plans and/or the

Comprehensive Plan;

(3) obtain a written list of what the application shall include; and

(4) obtain copies of any guidelines or law interpretations.

(b) Submission and Review of the Application

(1) An applicant shall make application for the approval of the PUD to the Zoning

Administrator. The applicant shall present his application along with a

preliminary development plan, an application for any required permits, a filing

fee, and a deposit, if any, for the estimated cost of all landscaping improvements

required by the preliminary development plan. The filing fee and deposit

schedule for PUD applications shall be recommended by the Land Commission

and approved by the Oneida Business Committee.

(2) The preliminary development plan shall include both the development plan

map and a written statement of procedures. The preliminary development plan

shall indicate sufficient areas surrounding the proposed PUD to demonstrate the

relationship of the PUD to adjoining existing and proposed uses.

(3) The development plan map shall be drawn at a maximum scale of one inch

(1”) equals one hundred (100) feet for PUDs under one hundred (100) acres.

PUDs greater than one hundred (100) acres shall be drawn at a scale determined

as mutually acceptable by the developer and the Zoning Administrator.

(4) The development plan map shall contain the following information:

(A) The existing topographic characteristics of the land at a contour

interval of two (2) feet or less.

(B) The existing and proposed land uses.

(D) The type and character of proposed development to include general

architectural design floor plans and elevations, types of building materials

to be used and, when appropriate, the proposed number of dwelling units

per net acre.

6 O.C. 605 – Page 51

(E) The proposed location of all streets, driveways and parking areas.

(F) The proposed location and size of public uses including schools, parks,

playgrounds, swimming pools, and other open spaces.

(G) Floodplain and surface drainage plan, including but not limited to

grades at two (2) foot contour levels, location of ponds, ditches, soil types,

and water table.

(H) A generalized landscaping and tree planting plan for open spaces,

screening and parking development areas, etc.

(I) Location of all easements, and their width and purpose.

(5) The written statement of procedures in the preliminary development plan shall

contain the following information:

(A) A brief description of unique project design needs that make the

planned unit approach advantageous to the Tribe and developer.

(B) A statement of the present ownership and legal description of all the

land included within the PUD.

within one thousand two hundred (1,200) feet of property lines of the land

included in the PUD complete with their addresses from available Tribal,

town and/or county records.

(D) An anticipated schedule of development.

(E) Proposed agreements, provisions or covenants which govern the use,

maintenance and continued protection of the PUD and any of its common

areas.

(6) The development plan map and written statement of procedures shall be in

sufficient copies to distribute among reviewing agencies as determined by the

Land Commission.

(7) The Land Commission or Zoning Administrator may request the applicant

submit any other information or exhibits deemed pertinent in evaluating the

proposed PUD.

605.9-6. Approval of Application.

(a) Within forty-five (45) days after the application is filed, the Land Commission shall

disapprove, approve or approve with modifications the application and give reasons for

its decision.

(b) The Land Commission shall notify the applicant of its decision in writing.

(d) Approval of the application shall be valid for one (1) year. An extension of one (1)

year approval time may be granted by the Land Commission if requested in writing not

less than one (1) month before the expiration date.

(e) Requests for an extension of a permit shall be made simultaneously with the request

for an extension of the application.

605.9-7. Final Development Plan

6 O.C. 605 – Page 52

(a) No changes shall be made to the approved development plan during the construction

of the PUD, except upon application to the appropriate agency under the procedures

provided below:

(1) Minor changes in the location siting and height of buildings and structures

may be authorized by the Zoning Administrator, if unforeseen problems and

implementation of the project should occur. No change authorized by this section

may increase or decrease the dimensions of any building or structure by more than

ten percent (10%).

(2) Major changes which are inconsistent with the approved development plan

may be approved by the Land Commission. Such changes may be made only for

the following reasons:

(A) Changes in conditions that have occurred since the preliminary

development plan was approved.

(B) Change in the development policy of the Tribe.

(3) “Major changes” means:

(A) Change in use;

(B) Increase in density;

(D) Change in architectural design or style:

(E) Change in type of ownership;

(F) Change of more than ten percent (10%) in total floor area:

(G) Major modification to the landscape plan;

(H) Reduction in proposed open space;

(I) Change in development schedule;

(J) Change in the road location or standards; and/or

(K) Any changes determined to be major by the Land Commission.

(b) From time to time the Zoning Administrator shall compare the actual development

accomplished in the PUD with the approved development schedule. If the owner or

owners of property in the PUD have failed to meet the approved development schedule

without cause, the Zoning Administrator may recommend and the Land Commission may

initiate legal proceedings. Upon recommendation of the Zoning Administrator and for

good cause shown by the property owner, the Land Commission may extend the limits of

the development schedule.

plan or any logical part thereof, shall be submitted within one (1) year following the

approval of the preliminary development plan, unless written request is made for an

extension, for up to one (1) year, and approved by the Land Commission.

(d) The final development plan, with supplemental information in report form, shall be

prepared at a scale of not less than one (1) inch equals one hundred (100) feet; submitted

in sufficient detail to evaluate the building design, and other features of the PUD.

Submittal of the final development plan shall include the following minimum

information:

6 O.C. 605 – Page 53

(1) The existing and proposed topographic characteristics of the land;

(2) Proposed land uses;

(3) The location and size of all existing and proposed structures and

improvements;

(4) The maximum height of all buildings;

(5) The density and type of buildings;

(6) Internal traffic and circulation systems, off-street parking areas, service areas,

loading areas, and major points of access to public rights-of-way;

(7) The location, height, and size of proposed signs, lighting, and advertising

devices;

(8) Areas which are to be conveyed, dedicated or reserved as common park areas,

including public parks and recreational areas and as sites for schools and other

public buildings;

(9) A detailed landscaping plan, showing the spacing, size and specific types of

landscaping materials; existing vegetation and trees; and existing vegetation and

trees to be removed.

(10) Proposed development schedule as required in the preliminary development

plan.

(11) Location of all necessary utility easements.

(12) A final grading and drainage plan which shall contain, at a minimum:

(A) Provisions to carry runoff;

(B) Location of ponds as well as depth and area;

(D) Water table identification;

(E) Location of flood hazard areas;

(F) Flood plans and flood elevation; and

(G) Building elevations.

(13) Copies of any special agreements, conveyances, deed restrictions, or

covenants, which will govern the use, maintenance and continued protection of

the PUD and any of its common park areas shall accompany the final

development plan.

(14) The applicant may submit any other information or exhibits he deems

pertinent in evaluating the proposed PUD.

605.9-8. Approval of Final Development Plan.

(a) The Zoning Administrator shall review the final development plan within thirty (30)

days of receiving said final plan and shall forward it to the Land Commission for final

action.

(b) The Land Commission shall approve the final development plan within thirty (30)

days of the Zoning Administrator action, if the plan is in substantial compliance with the

preliminary development plan.

approval.

605.9-9. Control of PUD After Final Development Plan Approval.

6 O.C. 605 – Page 54

(a) After approval of the final development plan has been granted, the use of the land and

the construction, modification or alteration of any buildings or structures within the PUD

shall be governed by the approved final development plan rather than by any other

provisions of this law.

(b) After final approval, no changes may be made in the final development plan, except

upon application to the appropriate agency under the procedures provided below:

(1) Any minor extension, alteration, or modification of existing buildings or

structures may be authorized by the Zoning Administrator if they are consistent

with the purposes and intent of the final development plan. No change authorized

by this section may decrease or increase the dimension of any building or structure

by more than ten percent (10%).

(2) Any uses not authorized by the final development plan, but permitted in the

PUD as a principal, accessory, or other use under the provisions of the underlying

zoning district in which the planned development is located may be added to the

final development plan under the procedures provided by this law or the approval

of the use.

(3) A building or structure that is totally or substantially destroyed may be

reconstructed only in compliance with the final development plan or amendments

thereof approved under (1) and (2) above.

(4) Changes in the use of common open space may be authorized by an

amendment to the final development plan under (1) and (2) above.

(5) All other changes in the final development plan shall be made by the Land

Commission under the procedures authorized by this law. No changes shall be

made in the final development plan unless said changes are found to be required:

(A) For continued successful functioning of the PUD; or

(B) By change in conditions that have occurred since the final

development plan was approved; or

be considered as a waiver of the provisions limiting the land use, buildings, structures,

and improvements within an area of the PUD, and all rights to enforce these provisions

against any changes permitted in this section are expressly reserved.

605.10. Permits

605.10-1. Land Use Permit. The purpose of a land use permit is to ensure that the proposed

disturbance of the land is compliant with applicable law.

(a) A land use permit is required before:

(1) Any structure, other than a building, is erected, moved, or structurally altered.

(2) A restoration project is initiated. This includes wetland restoration and stream

bank enhancement.

(3) Best management practices are implemented.

(4) Any land is disturbed. This does not include:

(A) Cropping or planting trees or vegetation.

6 O.C. 605 – Page 55

(B) Habitat enhancement activities, such as invasive species control and

wildlife plantings.

to a previously issued land use permit.

(b) Standards Attached to Permits. In granting a land use permit for filling, grading,

lagooning, dredging, or excavating, the following considerations shall be addressed and

standards shall be attached to the permit where applicable.

(1) The smallest amount of disturbed or bare ground shall be exposed for the

shortest time feasible.

(2) Temporary vegetation or mulching shall be applied as necessary and

permanent cover shall be established as soon as possible.

(3) Diversions, silting basins, terraces, or other methods of reducing erosion and

retarding sedimentation shall be constructed.

(4) Fill material shall be stabilized according to accepted engineering standards.

(5) Fill materials shall not restrict floodway or appreciably reduce the storage

capacity of the floodplain.

(6) Sides of a channel or artificial waterway shall be stabilized to prevent

slumping.

(7) Sides of a channel or artificial waterway shall be constructed with horizontal

to vertical side slopes of 3:1 or flatter in sand or gravel, 1:1 or flatter in organic

soils, and 2:1 or flatter in other soils, unless bulkheads or riprapping are provided.

standard forms which will be provided by the Administrator and shall include, for the

purpose of proper enforcement of this law, the following data, if applicable:

(1) Name and address of the applicant and property owner.

(2) Legal description of the property and type of proposed use.

(3) A sketch showing the dimensions of the lot and location of buildings from the

lot lines, center line of abutting highways and the ordinary high-water mark of any

abutting watercourse, and water mark at the day of the sketch.

(d) Upon review of the application, the Zoning Administrator shall do one (1) of the

following within fifteen (15) days after the application is submitted:

(1) Approve the application and issue the permit; or

(2) Deny the application; or

(3) Request more information before approving or denying the application.

(e) Denial of an Application. In cases where the Zoning Administrator determines that

the proposed action does not meet the provisions of this law, the Zoning Administrator

shall deny the application and, in writing, shall:

(1) Advise the applicant of the reasons for denial;

(2) Advise the applicant of his right to appeal the denial to the Land Commission;

(f) In cases where the Zoning Administrator determines that additional information is

needed before a permit can be issued, he or she shall request such information from the

applicant in writing.

6 O.C. 605 – Page 56

(g) Permit applications that have not been acted on within fifteen (15) days after

submission shall be deemed approved and the Zoning Administrator shall issue a permit

based on the application.

(h) Validity of Permits. All land use permits shall be valid for a period of two (2) years

from the date of issue, and the work permitted shall be completed prior to the expiration

date. Extension for an additional period of six (6) months may be granted by the Zoning

Administrator or the Land Commission subject to the following conditions.

(1) Extension requests shall be made in writing to the Zoning Administrator at

least ninety (90) days prior to the permit expiration date.

(2) Permits shall be reviewed by the Zoning Administrator for compliance with

current requirements. If not in compliance, the extension request shall be denied.

(i) Permit Transfer. Issued permits express the consent of the Tribe for a person to

conduct work within the Reservation and protect the rights and interests of the public.

Although issued to a specific person, this consent is not limited to execution of the work

by the person, and the permit may be availed of by the assignees or purchasers of the

property affected, provided the terms of the permit are strictly complied with.

Notification of the transfer and the agreement of the new owner to comply with the

permit requirements shall be furnished to the Zoning Administrator in writing at the time

the permit is transferred.

(j) Maintenance. Work performed under a land use permit shall be maintained in good

condition and no further authorization is required for routine maintenance.

(k) In instances of genuine emergency, individuals or parties may act in contrast to the

above regulations where immediate and decisive measures are required to protect against

loss of life, injury, or extreme property loss. Any person who exercises emergency

measures shall demonstrate to the Zoning Administrator and/or the Land Commission

that the time required to secure approval would have been detrimental, and that

reasonable or non-excessive means were used to deal with the situation. No hearing or

permit fees shall be charged in situations involving emergency action.

605.10-2. Conditional Use Permits. Applications for a conditional use permit shall be made to

the Zoning Administrator, who shall forward the application to the Land Commission for

consideration.

(a) Application. The application shall contain the following:

(1) Letter of intent indicating proposed use of the property and requested

classification.

(2) A boundary line survey and plot plan.

(3) Names and addresses of all owners of property located within one thousand

two hundred (1,200) feet of the outer boundaries of the property.

(4) A filing fee, as determined by the Oneida Business Committee.

(5) Other information as may be required by the Land Commission.

(b) Procedure.

(1) The petitioner shall meet with the Zoning Administrator to discuss the

proposal, who shall forward the application to the Land Commission.

6 O.C. 605 – Page 57

(2) The Land Commission shall approve, conditionally approve, or deny the

permit within thirty (30) days after the petitioner and Zoning Administrator meet

to discuss the proposal.

(3) The Land Commission shall notify the petitioner of its decision in writing.

(4) No application for a permit allowing a conditional use shall be considered by

the Land Commission within a one (1) year period following a denial of such

request; except that the Land Commission may permit a new application, if, in the

opinion of the Land Commission, new evidence, or a change of circumstances

warrant it.

(1) Where a permit allowing a conditional use has been issued pursuant to

provisions of this law, such permit shall become null and void without further

action by the Land Commission unless construction commences within six (6)

months of the date of granting such permit.

(2) A permit allowing a conditional use shall be deemed to authorize only one (1)

particular use and shall expire if that use shall cease for more than six (6)

consecutive months.

(3) In the event that the applicant violates any of the conditions set forth in the

permit, the Land Commission shall have the authority to revoke the permit.

(d) Criteria for Granting a Conditional Use Permit. In granting a conditional use permit,

the Land Commission shall consider the effect of the proposed use on the Comprehensive

Plan and upon the health, safety, morals, and general welfare of occupants of surrounding

lands. Among other things, the Land Commission shall consider the following findings

where applicable.

(1) The use shall not create an excessive burden on existing parks, schools, streets,

and other public facilities and utilities which serve or are proposed to serve the

area.

(2) The use shall be compatible with adjacent land uses so that existing uses will

not be depreciated in value and there will be no deterrence to development of

vacant land.

(3) The use shall have an appearance that will not have an adverse effect upon

adjacent properties.

(4) The use shall be reasonably related to the overall needs of the Tribe and to the

existing land use.

(5) The use shall be consistent with the purposes of this law and purposes of the

zoning district in which the applicant intends to locate the proposed use.

(6) The use shall not be in conflict with the Comprehensive Plan.

(7) The use shall not cause a traffic hazard or congestion.

(8) The use shall have adequate utilities, access roads, drainage, and necessary

facilities.

(9) All conditional uses, other than residential, shall require an environmental

review. Negative environmental reviews shall be considered sufficient grounds

6 O.C. 605 – Page 58

for permit denial. Negative environmental reviews shall be considered in the

appeals process.

(e) A conditional use permit shall be issued to the applicant only, unless otherwise

specified by the Land Commission. The permit may not be transferred or assigned

without prior Land Commission approval.

(f) Additional conditions. In permitting a conditional use or the alteration of an existing

conditional use, the Land Commission may impose, in addition to these standards and

requirements expressly specified by this law, additional conditions which the Land

Commission considers necessary to protect the best interest of the surrounding area or

community as a whole. These conditions may include, but are not limited to, the

following:

(1) Increasing the required lot size or yard dimension.

(2) Limiting the height, size, or location of buildings.

(3) Controlling the location and number of vehicle access points.

(4) Increasing the street width.

(5) Increasing the number of required off-street parking spaces.

(6) Prohibiting expansion without prior Land Commission approval.

(7) Limiting the number, size, location, or lighting of signs.

(8) Requiring additional fencing, screening, landscaping, or other facilities to

protect adjacent or nearby property.

(9) Designating sites for open space.

(g) Records. The Zoning Administrator shall maintain a record of all permits issued for

conditional uses, including information on the use, location, and conditions imposed by

the Land Commission such as time limits, review dates, and other information as may be

appropriate.

605.10-3. Variances. In the event a person’s zoning permit application does not meet the

provisions of this law but the Land Commission 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 Commission 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 Commission may require, showing that:

(A) There are special circumstances or conditions applying to the land,

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

circumstances or conditions, a literal enforcement of the law will result in

practical difficulty or unnecessary hardship.

(B) The granting of the variance is necessary for the preservation and

enjoyment of substantial property rights.

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

6 O.C. 605 – Page 59

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

or injurious to property or improvements in the neighborhood.

(2) The Land Commission may require that the applicant submit additional

materials, including any effects of the proposed use upon a Protected Area

Overlay 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 Commission. The notification shall be mailed to all applicable

neighbors and shall include the time, place and date when the Land Commission will

determine whether to approve the variance.

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 Commission.

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

public interest.

(e) The Land Commission 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-conform

This text is long and has been trimmed here. Open the source document for the complete record.

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.