# Title 6. Property and Land – Chapter 605

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- **Document type:** Tribal code

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Title 6. Property and Land – Chapter 605
ZONING AND SHORELAND PROTECTION
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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.
(c) assist in guiding the future development of the Reservation.
(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.
(c) The word “shall” is mandatory and the word “may” is permissive.
(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.
(c) “Adult entertainment” means adult sexually-oriented businesses and services,
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;
or
(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.
(c) conduct all of its meetings and hearings in accordance with Tribal law, and make all
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.
(c) keep records of all permits issued, inspections made, work approved, and other
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.
(c) If no distance is given, each dimension shall be determined by the use of the scale
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.
(c) No lot areas shall be so reduced that the yards and open spaces are smaller than
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.
(c) Height limitations, as set forth in this law, shall not apply to church spires, cupolas,
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.
(c) Any lot, group of lots, or parcels of land of ten (10) acres or less, or less than three
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.
(c) Any manufacturing business, equipment or activity which produces a fire hazard,
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.
(c) Except as provided in (d), fences and hedges less than four (4) feet high may be
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
1
2
3
4
5
6
7
8
9
2% of the total
20, plus 1 for each 100 over 1000

(c) A parking area plan with stall layout shall be submitted with the application for a
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.
(c) A required off-street loading space shall be at least twelve (12) feet in width by fifty
(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.
(c) Outdoor Storage and Waste Disposal. All raw materials and products shall be stored
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
I
II
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).
(c) Low Density Multi-Family Residential District (R-3).
(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.
(c) Conditional Uses.
(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.
(C) Side yard setback-principal garages and accessory buildings: ten (10)
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

(C) 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.
(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.
(c) Conditional Uses.
(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.
(C) Side yard setback-principal, garages and accessory buildings: ten (10)
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.
(c) Conditional Uses.
(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.
(C) Side yard setback-principal and accessory buildings: twenty (20) 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.
(c) Conditional Uses.
(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

(C) Side yard setback–one (1) and two (2) stories: twenty-five (25) feet;
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.
(c) Conditional Uses.
(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.
(C) To be countable as common recreational area, interior block ways for
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.
(C) Front yard setback-accessory buildings: fifty (50) 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.
(C) Such outdoor living area shall be properly drained and located for
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.
(c) Conditional Uses.
(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.
(C) Side yard setback-principal and accessory buildings: five (5) 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.
(c) Conditional Uses.
(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.
(C) Rear yard setback: twenty-five (25) feet, except in areas adjacent to
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.
(c) Conditional Uses.
(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.
(C) Side yard: ten (10) 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

(c) Conditional Uses.
(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.
(C) Side and rear yard setback adjacent to residential or commercial
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.
(c) Conditional Uses.
(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.
(c) Height Limitations. No structure, tree or growth shall be erected, planted or altered,
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.
(C) Prohibited uses include: residential (except that directly related to a
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A50aff4868a6466ee. Public record. Not legal advice.