Sisseton-Wahneton Oyate

Sisseton-Wahneton Oyate

dudicial Committee

New Cote O Amended Cote AL Repealed a

Tribal Council Reselution Not = nell

Judicial Committee Adaption Date 5~ 11 (Le

Tribal Council Anuravaf Date = AW)

SISSETON-WAHPETON OYATE

CHAPTER 18

ZONING ORDINANCE

(Adopted 08/08/1984)

(Revised 7/27/2016)

SWO

ZONING DEPARTMENT

7/27/2016

Sisseton-Wahpeton Oyate

dudicial Committee

New Cole C Amentled Code ML Repealpd Code

Tribal Council Rasatution No. TUE 2

Judicial Committee Adootion Date “A~ = 07

Tribal Council Approval Date] -

Zoning Ordinance Lake Traverse Reservation

Table of Contents

Article 1 .........000 Short Title.........ccsccccssscevccnccsessecssesevvcessrserenseesceneeseeens een eees 18-1

Article 2 .........0008 FULISHICCION.......0.ceesceeceecarsavccntsencenecsusescessacceesersceseccessnesees 18-1

Article 3 .........000. Official Zoning Map and Boundary Interpretation..................08 18-1

Article 4 .........06 Application of District Regulations ..........cccccceccccesnsceressescesees 18-3

Article 5 ....2...0008 Establishment of Districts...........cccccescccevescsvevscsccenscoucntnecsses 18-4

Article 6 .......cc000 Agricultural District (AG) ...........cscsscescccccsrersecsssrersnsceneseves 18-4

Article 7 .. .Residential Districts (R-1) .. 18-6

Article 8 .. -Planned Mobile Home District (R-2) - 18-7

Article 9 .. -Lake Front Residential (R-3) ...... « 18-10

Article 10... -Residential District (R-4) .... « 18-11

Article 11... -Commercial District (C)..........0. - 18-13

Article 12... Highway Commercial District (HC) . 18-15

Article 13 ............General Industrial District (J) .. . 18-17

Article 14 ............Floodplain District (FP) ....... -. 18-18

Article 15 ............Conservation District ............. . 18-20

Article 16 ..........6 Supplementary District Regulations ..........cceccscssereecnsceneconens 18-21

Article 17 .........0. Nonconforming Lots, Nonconforming Uses of Land,

Nonconforming Structures and Premises, Nonconforming

Characteristics of Use

Article 18 ..........48 Administrative Procedure and Enforcement — Building Permits...

Article 19 .........06. Reservation Planning Commission — Establishment Procedure...

Article 20 ............ Reservation Planning Commission — Powers and Duties ............

Article 21 .........00. APPeals .......cccscenvcsesscereenstnesenenaeenas

Article 22 ........c008 Schedule of Fees, Charges, and Expenses .

Article 23 .........+6. AMONAIMENE .......c.ccceeeerectenteeeereceseeeteeseecenee -

Article 24 ............ Violations, Complaints, Penalties, and Remedies .............00e+e0 18-31

Article 25 ............ Legal Status Provisions ............ccscescsecsseseceetnersetsenseceseenees 18-32

Article 26 .........008 Definitions ........ssccsccsecsecnentenseesensenentacaneeesenessenaseceaeesees 18-34

Appendix A ......... Performance Standards ...........:scccsscsesevesceecceceseevscesenecenes 18-43

Appendix B ......... Mobile Home Standards .......... date neaneecncacenenenesenscoecsensen cass 18-44

Subdivision Regulations............ccccccscsscecssceusccccneaesnsanesenecaescacceuscassnesscespar 18-47

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CHAPTER 18 dudicial Committes Adaption Date

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ZONING ORDINANCE

ARTICLE 1 - SHORT TITLE

Section 101 This Ordinance may be known and may be cited and referred to as "The Zoning

Ordinance of Sisseton-Wahpeton Oyate, Lake Traverse Reservation," to the same

effect as if the full titles were stated.

ARTICLE 2 - JURISDICTION

Section 201 Jurisdiction

The provisions of this Ordinance shall apply to Sisseton-Wahpeton Oyate Tribal

Trust Land within the original exterior boundaries of the Lake Traverse

Reservation and all fee land owned by the Sisston- Wahpeton Oyate.

Section 202 Provisions of the Ordinance Declared to be Minimum Requirements

In their interpretation and application, the provisions of this Ordinance shall be

held to be minimum requirements, adopted for the promotion of the public health,

safety, morals, or general welfare. Whenever the provisions of this ordinance

require a greater width or size of yards, courts, or other spaces, or require a lower

height of building or less number of stories or require a greater percentage of lot

to be left unoccupied, or impose other higher standard than are required, in any

other ordinance, the provisions of this Ordinance shall govern. Wherever the

provisions of any other ordinance require a greater percentage of lot to be left

unoccupied, or impose other higher standards than are required by the provisions

of this Ordinance, the provisions of such ordinance shall govern.

ARTICLE 3 - OFFICIAL ZONING MAP AND BOUNDARY INTERPRETATION

Section 301 General

The Tribe is hereby divided into zones, or districts, as shown on the Official Zoning

Map which, together with all explanatory matter thereon, is hereby adopted by

reference and declared to be a part of this Ordinance. The Official Zoning Map

shall be identified by the signature of the Chairman of the Tribal Council, attested

by the___, and bearing the seal of the Tribe under the following words: "This is to

certify that this is the Official Zoning Map referred to in Section 301 of Resolution

date of Sisseton- Wahpeton Oyate, Lake Traverse Reservation.

Section 302 Zoning Map Changes

If, in accordance with the provisions of this Ordinance, changes are made in the

district boundaries or other matter portrayed on the Official Zoning Map, such

changes shall be entered on the Official Zoning Map promptly after the amendment

has been approved by the Tribal Council with an entry on the Official Zoning Map

as follows: "On/date/, by official action of the Tribal Council, the following/

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Section 303

Section 304

change(s)/ were made in the Official Zoning Map: / brief description of nature of

change/," which entry shall be signed by the Chairman of the Tribal Council

attested by the No.___ amendment to this Ordinance which involves matter

portrayed on the Official Zoning Map shall become effective until after such change

and entry has been made on said map.

No changes of any nature shall be made in the Official Zoning Map or matter shown

thereon except in conformity with the procedures set forth in this Ordinance.

Any unauthorized change of whatever kind by any person or persons shall be

considered a violation of this Ordinance and punishable as provided under Section

2402.

Regardless of the existence of purported copies of the Official Zoning Map which

may, from time to time, be made or published, the Official Zoning Map, which shall

be located in the office of the, shall be the final authority as to the current zoning

status of land and water areas, building, and other structures of the Tribe.

Zoning Map Replacement

In the event that the Official Zoning Map becomes damaged, destroyed, lost, or

difficult to interpret because of the nature or number of changes and additions, the

Tribal Council may, by resolution, adopt a new Official Zoning Map which shall

supersede the prior Official Zoning Map. The new Official Zoning Map may correct

drafting or other errors or omissions in the prior Official Zoning Map, but no such

correction shall have the effect of amending the original Official Zoning Map or any

subsequent amendment thereof. The new Official Zoning Map shall be identified

by the signature of the Chairman of the Tribal Council attested by the, and bearing

the seal of the Tribe under the following words: "This is to certify that this Official

Zoning Map supersedes and replaces the Official Zoning May adopted / date of

adoption of zoning map being replaced / as part of the Resolution No.___of

Sisseton-Wahpeton Oyate, Lake Traverse Reservation.

Rules for Interpretation of District Boundaries

Where uncertainty exists as to the boundaries of districts as shown on the Official

Zoning Map, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets,

highways, or alleys shall be construed to follow such center lines;

Boundaries indicated as approximately following platted lot lines shall be

construed as followings such lot lines;

Boundaries indicated as approximately following city limits shall be construed as

following such city limits;

Boundaries indicated as following railroad lines shall be construed to be midway

between the main tracks;

Boundaries indicated as following shore lines shall be construed to follow such

shore lines and in the event of change in the shore line shall be construed as

moving with the actual shore line; boundaries indicated as approximately

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following the center line of streams, rivers, canals, lakes, or other bodies of water

shail be construed to follow such center lines;

Boundaries indicated as parallel to or extensions of features indicated in

subsections 1 through 5 above shall be so construed. Distances not specifically

indicated on the Official Zoning Map shall be determined by the scale of the map;

Where physical or cultural features existing on the ground are at variances with

those shown on the Official Zoning Map or in other circumstances not covered by

subsections 1 through 6 above, the Reservation Planning Commission/Board of

Zoning Adjustment shall interpret the district boundaries;

Where district line divides a lot which was in single ownership at the time of

passage of this Ordinance, the Reservation Planning Commission and Tribal

Council may permit, as a special exception, the extension of the regulations for

either portion of the lot not to exceed fifty (50) feet beyond the district line into the

remaining portion of the lot.

ARTICLE 4 - APPLICATION OF DISTRICT REGULATIONS

Section 401

General

Section 402

The regulations set forth by this Ordinance within each district shall be minimum

regulations and shall apply uniformly to each class or kind of structure or land and

particularly, except as hereinafter provided.

Zoning Affects Every Building and Use

Section 403

No building, structure, or land shall hereafter be used or occupied; and no building

or structure or part thereof shall hereafter be erected, constructed, reconstructed,

moved or structurally altered except in conformity with all of the regulations

herein specified for the district in which it is located.

Performance Standards

Section 404

No building or other structure shall hereafter be erected or altered:

1. To exceed the height or bulk;

2. To accommodate or house a greater number of families;

3. To occupy a greater percentage of lot area;

4. To have narrower or smaller rear yards, front yards, side yards, or other

open spaces;

than herein require; or in any other manner contrary to the provisions of

this Ordinance.

Open Space or Off-Street Parking or Loading Space

No part of a yard or other open space or off-street parking or loading space

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Section 405

required about or in connection with any building for the purpose of complying

with this ordinance shail be included as a part of a yard, open, space, or off- street

parking or loading space similarly required for any other building.

Yard and Lot Reduction Prohibited

No yard or lot existing at the time of passage of this Ordinance shall be reduced in

dimension or area below the minimum requirements set forth herein. Yards or

lots created after the effective date of this Ordinance shall meet at least the

minimum requirements established by this Ordinance.

ARTICLE 5 - ESTABLISHMENT OF DISTRICTS

Section 501

Section 502

Planning Commission Recommendations

It shall be a purpose of the Reservation Planning Commission to recommend the

boundaries of the various original districts and appropriate regulations to be

enforced therein. The Planning Commission shall make a preliminary report and

hold public hearings thereon before submitting its final reports, and the Tribal

Council shall not hold public hearings or take action until it has received the final

reports of the Reservation Planning Commission.

Districts Created

For the purposes of this Ordinance, there are hereby created ten (10) types of

districts which the jurisdictional area defined in Article 2 shall be divided:

(AG) Agricultural

(R-1) Residential

(R-2) Mobile Home

(R-3) Lake Front

(R-4) Residential-Multipurpose

(C) Commercial

(HC) Highway Commercial

@ Industrial

(CN) Conservation

(FP) Flood Plain

ARTICLE 6 - AGRICULTURAL DISTRICT (AG)

Section 601

Statement of Intent

Section 602

The intent of Agricultural Districts is to protect agricultural lands and lands

consisting of natural growth from incompatible land uses in order to preserve land

best suited to agricultural uses and land in which the natural environment should

be continued and to limit residential, commercial, and industrial development to

those areas where they are best suited for reasons of practicality and municipal

fiscal integrity.

Permitted Principal Uses and Structures

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Section 603

The following principal uses and structures shall be permitted in Agricultural

Districts:

1. Any form of agriculture including the raising of crops, horticulture, animal

husbandry, and poultry husbandry;

2. Dwellings and their normal accessory buildings including mobile homes

(MH not to exceed five (5) units);

3. Railroad track right-of-way;

4, Wildlife propagation; and

5. Farm labor accommodations.

6. Kennel

Permitted Accessory Uses and Structures

Section 604

The following accessory uses and structures shall be permitted in Agricultural

Districts:

1. Roadside produce stands in conjunction with a bona fide farm operation on

the premises;

2. Artificial lake(s); and

3. Home Occupations.

Special Exceptions

After notice and appropriate safeguards, the Planning Commission/Board of

Zoning Adjustment may permit the following special exceptions in the Agricultural

District (AG), providing no facility is closer than three thousand nine hundred sixty

(3,960) feet from any occupied dwelling unless written permission is granted by

owner or owners of such dwelling:

1. Fairgrounds, racetracks, and amusement parks;

2. Utility substations;

3. Airports;

A, Cemeteries;

5. Golf courses, country clubs, and golf driving ranges;

6. Amphitheaters, stadiums, drive-in movies, arenas, and field houses;

7. Go-cart tracks, riding stables, play-fields, athletic fields, bowling, swimming

pools, and automobile parking;

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Section 605

8. Public parks, public recreational areas, churches and schools;

9, Commercial feedlots;

10. Operation and maintenance terminal for truck and other equipment;

11. Sanitary landfills; and

12. Junkyards and salvage yards, provided they are screened, and if they are not,

they must be one thousand (1,000) feet from road right-of-way or not

visible to main traveled way.

13. Mineral extraction operations, including, but not limited to, coal, oil, rock,

gravel, and the related processing operations, storing, and sale of such

minerals.

14. Jail/Detention Center

Minimum Lot Requirements

Section 606

The minimum area and lot area per dwelling unit shall be forty three thousand five

hundred sixty (43,560) square feet (1 acre), providing EPA requirements are met,

including special exceptions as determined by the Planning Commission. The

minimum lot width shall be two hundred (200) feet.

Minimum Yard Depth

Section 607

There shall be a front yard of not less than eighty (80) feet along all road and

highway rights-of-way.

Minimum Setbacks of Shelterbelts

Section 608

Shelterbelts consisting of one or more rows when parallel to the right-of-way shall

be set back a minimum of three hundred (300) feet from the right-of-way line.

Field belts consisting of one or two rows perpendicular of the right-of-way shall be

set back a minimum one hundred (100) feet from the right-of-way line.

Shelterbelts for existing farmstead purposes are exempt from minimum

shelterbelt setback requirements.

Maximum Number of Approaches

There shall be no more than one (1) access approach on a public road or highway

per one-quarter (1/4) mile.

ARTICLE 7 - RESIDENTIAL DISTRICTS (R-1)

Section 7014

Intent

The intent of Residential District (R-1) is to provide for residential uses of varying

types and other compatible uses in a pleasant and stabie environment.

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Single-family dwellings;

Horticulture uses.

Section 703 Permitted Accessory Uses and Structures

1.

2.

Home occupations and professional offices;

Accessory uses and structures normally appurtenant to the permitted uses

and structures when established within space limits of this district.

Section 704 Special Exceptions

After the provisions of this Ordinance relating to special exceptions have been

fulfilled, the Reservation Planning Commission may permit as special exceptions in

Residential District (R-1):

1

2.

11.

Multiple-family dwelling;

Colleges, universities and vocational schools;

Churches, synagogues and temples;

Nursery, primary, intermediate and secondary schools;

Public recreational and park facilities;

Golf courses and country clubs;

Cemeteries;

Utility substations conforming to surrounding area;

Convalescent, nursing and rest homes;

Medical and other health facilities; and

Tribal Governmental services.

Section 705 Minimum Lot Requirements

The minimum lot area shall be seven thousand (7,000) square feet for single and

multifamily dwellings. The minimum lot area for a multifamily dwelling shall be

three thousand five hundred (3,500) square feet for two dwelling units. Larger

multifamily dwellings shall have lot areas as determined by the Reservation

Planning Commission. The minimum lot width shall be fifty (50) feet.

Section 706 Minimum Yard Requirements

There shall be a front yard of not less than a depth of thirty (30) feet. There shall

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be a rear yard of not less than a depth twenty-five (25) feet. Each side yard shall

not be less than seven (7) feet.

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ARTICLE 8 - PLANNED MOBILE HOME DISTRICT (R-2) Titel CotnclReesiion HoSaSO—l O-Oot a

dudicial Committee Adoution Date =o

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Section 801 Intent al Couns! Aporoval Date_1 ih

This District is created to preserve and enhance property values on the

Reservation by providing designated, distinctive areas of not less than two (2)

acres having a minimum of three hundred (300) feet in width in which mobile

homes may be situated for residential dwelling purposes. It is the intent that this

District be a desirable, prominent area providing adequate open space and

essentially the same considerations given to citizens of other Residential Districts.

Section 802 Permitted Principal Uses and Structures

The following principal uses and structures shall be permitted in Planned Mobile

Home Park District(s) (R-Z):

1. Mobile home dwellings;

2. Laundromat including facilities for coin-operated dry cleaning machines;

and

3. Parks and playgrounds.

Section 803 Permitted Accessory Uses and Structures

Only those accessory uses and structures customarily incidental to principal uses

and structures.

Section 804 Minimum Lot Requirements

The minimum lot area for individual mobile homes shall be four thousand (4,000)

square feet. The overall density of any mobile home park shall not exceed eight

(8) units per gross acre, and the net density of any particular acre shail not exceed

ten (10) units per acre.

Section 805 Minimum Yard Requirements

The minimum distance required for the separation of a mobile home from any

other mobile home shall be ten (10) feet from side to side, ten (10) feet from side

to rear, and ten (10) feet from rear to rear; front setback from private drive of ten

(10) feet.

Section 806 Mobile Homes

No mobile home shall be parked and occupied in any unauthorized district for

more than forty-eight (48) hours except upon a special permit issued by the

Zoning Administrator. Such permit shall be issued for a period not to exceed thirty

(30) days and shall not be renewable within the same calendar year. Provided,

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however, a permit may be issued for parking and occupying a mobile home on land

owned by the occupant or occupants during the construction of a house thereon or

for a period not exceeding on hundred eighty (180) days and which shall be

renewable for an additional period not exceeding one hundred eighty (180) days.

However, if material progress with house construction is not made within fortyfive (45) days from the issuance of a permit, or if construction work ceases for a

consecutive period of forty-five (45) days, said permit shall become void.

Section 807 Mobile Home Parks (R-2)

A mobile home park may be established by following the Rezoning Process for the

Residential Mobile Home (R-2) District provided:

1.

3.

A request for a change in Zoning Districts to Residential (R-2) Mobile Home

shall set forth the topography, legal description of the proposed mobile

home park property, and a sketch of the proposed mobile home park,

showing dimensions, driveways, proposed locations of mobile homes, the

location of sanitary conveniences and other buildings and improvements;

Certification of compliance with all ordinances and regulations regards

mobile homes park licensing and zoning, health, plumbing, electrical,

building, fire prevention and all other applicable ordinances and regulations

shall be a prior requirements; and

Property line, easements, and right-of-ways will also be shown.

Section 808 Mobile Home Regulations Within a Mobile Home Park

Planned mobile home development;

1.

Planned mobile home development are permitted as a matter of right in

districts zoned as Planned Mobile Home Districts (R-2). However, to

implement the Statement of Intent for this district, the following standards

shall be met by any applicant:

a The proposed property shall be located so that it shall not be

necessary for excessive traffic movement from the park to pass

through an existing single-family residential area or areas suitable

for future single-family residential development.

b. The property is not within an area used nor planned for industrial

development, nor will the occupants of the proposed park be in any

way adversely affected by nearby existing or planned industrial uses.

Cc. The property shall be convenient to schools, parks, and shopping

facilities.

Access and Street Requirements:

a. All mobile home spaces must be served from internal private streets

within the mobile home park, and there shall be no direct access

from a mobile home space to a public street or alley. These streets

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must be at least graveled.

db. A minimum of two (2) off-street parking spaces shall be provided for

each mobile home space; guest parking in the ratio of one parking

space per five (5) mobile home spaces shall be interspersed

throughout the mobile home park.

C No internal private street access to public streets shail be closer than

one hundred (100) feet to any public street intersection.

d. All streets shall be lighted in accordance to the standards of the

Districts.

e. Stop signs shall be placed at all public street intersections. Yield

signs placed appropriately on internal private streets.

f. Entrance to mobile home parks shall have direct connections to a

public road and shall be designed to allow free movement of traffic

on such adjacent public roads.

g. Streets should be of adequate widths to accommodate the

contemplated parking and traffic load in accordance with the type of

street with ten (10) feet minimum moving lanes for collector streets,

nine (9) feet minimum moving lanes for minor streets, and seven (7)

feet minimum lanes for parallel parking.

3. Fencing Require: Except for connection of internal private street to public

street, a wall, hedge, or fence of a minimum of four (4) feet in height shall be

constructed along all public streets.

4. Other requirements:

a. Applicants shall comply with appropriate requirements of the

Subdivision Regulations.

b. Each mobile home park shall provide screened areas for refuse

disposal of an adequate size for the number of units served and shall

provide for the disposal of such refuse on a regularly scheduled

basis.

c Additional development requirements may be prescribed as

conditions when such requirements are determined to be necessary

to ensure the protection of the character of the neighboring

properties, the compatibility of land uses, and the health and safety

of mobile home park occupants.

SPECIAL NOTE: Also refer to Appendix B for further mobile home regulations

and mobile home standards.

ARTICLE 9 - LAKE FRONT RESIDENTIAL (R-3)

. Sisseton-Wahpeton Byate

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The intent of the Lake Front Residential District (R-3) is to provide for residential

uses of shoreline land without altering natural surrounding of the District.

Section 902 Permitted Principal Uses and Structures

1 Single family residential usage including mobile homes but excluding mobile

home parks.

Section 903 Permitted Accessory Uses and Structures

1. Home occupations;

2. Accessory uses and structures normally appurtenant to the permitted uses

and structures when established within space limits of this district.

Section 904 Special Exceptions

After the provisions of this Ordinance relating to special exceptions have been

fulfilled, the Planning Commission/Board of Zoning Adjustment/ may permit as

special exceptions in Lake Front Residential District:

L Golf courses and country clubs;

2. Resorts;

3. Grocery stores; and

4, Sporting goods stores.

Section 905 Minimum Lot Requirements

Each lot shall have a depth of not less than one hundred fifty (150) feet and shall

have a shoreline frontage width of not less than seventy-five (75) feet. The

minimum lot road frontage shall not be less than fifty (50) feet in width. Each

additional tier of lots shall have a width of not less than fifty (50) feet and no less

than one hundred fifty (150) feet in depth.

Section 906 Minimum Setback Requirements

Each building shall be set back not less than fifty (50) feet from the normal high

water mark. The road setback shall be fifty (50) feet from federal and state

highways and thirty (30) feet from other roads. Each side yard shail not be less

than seven (7) feet.

Section 907 Building or Structure Depth

Any building or structure except boat-houses, piers and docks shall be placed at an

elevation such that the lowest floor, including a basement, is three (3) feet above

the highest known water level. In locations here sufficient date on known high

water levels are not available, the elevation of the line of permanent terrestrial

vegetation shall be used as the estimated high water elevation. When fill is

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required to meet this elevation, the fill shall allowed to stabilize before

construction is begun.

Section 908 Private Sewage Disposal Systems

All private sewage disposal systems will comply with Department of

Environmental Protection Agency regulations and their updates as promulgated in

Chapter 34; 04; 01; General Authority 46-25-107; Law Implementated; 46-25-38

through 46-25-47,

ARTICLE 10 - RESIDENTIAL DISTRICT (R-4)

Section 1001 Intent

The intent is to provide for residential uses of all types and other compatible uses

in a pleasant and stable environment.

Section 1002 Permitted Principal Uses and Structures

1. Single-family dwellings;

2. Multi-family dwellings;

3. Mobile homes; and

4. Noncommercial horticultural uses.

Section 1003 Permitted Accessory Uses and Structures

1. Home occupations and professional offices; and

2. Accessory uses and structures normally appurtenant to the permitted uses

and structures when established within space limits of this district.

Section 1004 Special Exceptions

After notice an appropriate safeguards, the Planning Commission may permit as

conditional uses:

1. Churches, synagogues, temples;

2. Nursery, primary, intermediate, and secondary schools;

3. Public recreational and park facilities;

4. Golf courses and country clubs;

5. Medical and other health facilities;

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7. Governmental services;

8. Hospitals, convalescent, nursing, and rest homes;

9. Utility substations; and

10. Commercial uses.

Section 1005 Minimum Lot Requirements

The minimum lot area shall be seven thousand (7,000) square feet for single and

multifamily dwellings. The minimum lot area per dwelling unit in a multifamily

dwelling shall be three thousand five hundred (3,500) square feet for each of the

first two dwelling units, Larger multifamily dwellings shall have lot areas as

determined by the Reservation Planning Commission. The minimum lot width

shall be fifty (50) feet.

Section 1006 Minimum Yard Requirements

This shall be a front yard of not less than thirty (30) feet. There shall be a rear

yard of not less than a depth of twenty-five (25) feet. Each side yard shall not be

less than seven (7) feet.

ARTICLE 11 - COMMERCIAL DISTRICTS (C)

Section 1101 Intent

The intent of the Commercial District (C) is to provide a commercial area for those

establishments serving the general shopping needs of the trade area and in

particular, those grouping of uses is intended to strengthen the central business

area as the urban center of trade, service, governmental and cultural activities, and

to provide neighborhood commercial convenience areas.

Section 1102 Permitted Principal Uses and Structures

The following principal uses and structures shall be permitted in the Commercial

District (C):

1. Retail sales of: auto, implements, sales; groceries, fruits, vegetables, dairy

products, meats, poultry products, fish and seafood; baked goods, candies,

nuts, confectionery items; beer, wine, and distilled alcoholic beverages;

heating and plumbing equipment, paint, glass and wallpaper; electrical

supplies, hardware, dry goods and general merchandise; tires, batteries and

accessories; marine and aircraft accessories; wearing apparel and

accessories; furniture, home furnishings and equipment; household

appliances, radios, televisions, and music supplies; drugs and proprietary

medicines; antiques and second-hand merchandise; books and stationery,

sporting goods and bicycles; jewelry, flowers and other plant materials;

cigars and cigarettes, newspapers and magazines, cameras and photographic

supplies, gifts, novelties and souvenirs, optical goods:

Sissetnn-Wahpeton Qyate

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Tribsi Gauneit Approval Bate Te"

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11.

12,

13.

14,

15.

16,

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18.

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Business services, excluding any warehousing and storage services;

Automobile washing, electrical repair, radio and television repair, and watch

clock, and jewelry repair;

Professional services;

Tribal Governmental services; and Tribal Detention Center

Educational services;

Bus passenger terminals and taxicab transportation;

Churches, synagogues, and temples; welfare and charitable services;

business associations, professional membership organizations; labor unions

and similar labor organizations; and civic, social and fraternal associations;

Eating and drinking places;

Communication and utility uses;

Public buildings and grounds;

On-site signs;

Automobile service stations;

Hotels and motels;

Automobile parking;

Libraries, museums, art galleries, planetaria, aquariums, historic and

monument sites, motion picture theaters, legitimate theaters, auditoriums,

exhibition halls, penny arcades, gymnasiums and athletic clubs, ice skating,

roller skating, and bowling; and

Parks.

Section 1103 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in the Commercial

District (c):

1.

Accessory uses and structures normally appurtenant to the permitted uses

and structures when established within the space limits of this District.

Section 1104 Special Exceptions

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After the provisions of this Ordinance relating to special exceptions have been

fulfilled, the Reservation Planning Commission may permit as special exceptions in

the Commercial District (C):

1 Other trade and service uses which are similar to the permitted principal

uses and which are in harmony with the intent of this District; and

2. Structures containing both commercial and residential uses, provided, that

the residential uses are not on the ground floor.

Section 1105 Minimum Lot Requirements

The minimum lot area shall be two thousand four hundred (2,400) square feet.

The minimum lot width shall be twenty (20) feet.

Section 1106 Minimum Yard Requirements

All buildings located on lots adjacent to a Residential District shall be located so as

to conform on the adjacent side with the side yard requirement for the adjacent

Residential District.

Section 1107 Maximum Lot Coverage

The maximum lot coverage for all buildings shall not be more than ninety (90)

percent of the total lot area.

ARTICLE 12 - HIGHWAY COMMERCIAL DISTRICT (HC)

Section 1201 Intent

The intent of the Highway Commercial District (HC) is to provide commercial

areas for those establishments which can function most satisfactorily in an area

directly related to a major vehicular circulation route due to the nature of the

merchandise handled and the display space required, particularly items requiring

expansive display area such as motor vehicles, trailers, and farm implements, the

method of transport required of the purchases for the merchandise handled,

particularly goods customarily traded in bulk such as lumber or feed requiring

access for the customer to the sales area, primary dependence upon vehicular, as

opposed to pedestrian, access such as drive-in facilities and all types of automotive

and farm implement services, or the clientele toward which the establishments are

primarily oriented, particularly travelers on the highways.

Section 1202 Permitted Principal Uses and Structures

The following principal uses and structures shall be permitted in Highway

Commercial Districts (HC):

1 Retail sales of: Lumber and other building materials, farm equipment, motor

vehicles, marine craft, aircraft, mobile homes, trailers, farm and garden

Sisseton-Wahpeton Gyate

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17.

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supplies, fuel and ice; Tribal Ceunett Revolution No. G-lladucscial Committes Adoption Date SV =

; Tribal Council Auproval Date” |-

Wholesale sales of: motor vehicles and automotive equipment, drugs,

chemicals and allied products, electrical goods, hardware, plumbing, heating

equipment and supplies, machinery, equipment and supplies, beer, wine and

distilled alcoholic beverages, paper and paper products, furniture and home

furnishings, lumber and construction materials;

Funeral and crematory services;

Farm products warehousing and storage, excluding stockyards;

Refrigerated warehousing;

Food lockers, provided, that any slaughtering, killing, eviscerating, skinning,

or plucking be done indoors;

Household goods warehousing and storage;

General warehousing and storage;

Automobile repair and service;

Tribal Gaming Establishment;

Contract construction services;

Bus garaging and equipment maintenance;

Motor freight terminals;

Motor freight garaging and equipment maintenance;

Automobile parking;

Libraries, museums, art galleries, planetaria, aquariums, historic and

monument sites, auditoriums, exhibition halls, and penny arcades;

Miniature golf, gymnasiums and athletic clubs, swimming pools, tennis

courts, ice skating, and roller skating;

Parks;

Amphitheaters, stadiums, drive-in movies, arenas and field houses, race

tracks, fairgrounds, amusement parks, golf driving rages, go-cart tracks, golf

courses and country clubs, riding stables, play-fields and athletic fields,

bowling, and swimming pools; and

Motels.

Section 1203 Permitted Accessory Uses and Structures

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The following accessory uses and structures shall be permitted in Highway

Commercial Districts (HC):

1. Accessory uses normally appurtenant to the permitted principal uses and

structures when established in conformance within the space limits of this

District.

Section 1204 Special Exceptions

After proper notice and appropriate safe-guards, the Planning Commission may

permit as a special exception:

1. Other trade and service uses which are similar to the permitted principal

uses and which are in harmony with the intent of this District;

2. Structures containing both commercial and residential uses, provided, that

the residential uses are not on the ground floor; and

3. Industrial.

Section 1205 Minimum Lot Requirements

The minimum lot area shall be ten thousand (10,000) square feet. The minimum

lot width shall be one hundred (100) feet.

Section 1206 Minimum Yard Requirements

There shall be a front yard of not less than a depth of forty (40) feet. There shall

be a rear yard of not less than a depth of twenty (20) feet. Each side yard shall be

not less than ten (10) feet.

Section 1207 Service or Access Roads

Service or access roads may be required at the discretion of the Planning

Commission.

ARTICLE 13 - GENERAL INDUSTRIAL DISTRICT (i)

Section 1301 Intent

The intent of the General Industrial District (I) is to provide space for certain types

of industrial and/or manufacturing and/or warehousing or storage operations

which are compatible to adjoining district. Such uses generally required open

storage of materials or goods either before, during, or after the manufacturing

process but are of a low noise or nuisance level. Land designated for this District

should be located in relation to the thoroughfare network of the community as

well as rail and air if required, and designated so as to not disrupt normal traffic

flow. Because of increased technological developments, extensive lists of

permitted and prohibited uses is impractical; therefore, to safeguard the public

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interests, performance standards are established herein as criteria for all

permitted uses and as guidance for the Planning Commission in permitting any

conditional uses. Planned Industrial Parks are encouraged in this District.

Section 1302 Permitted Principal Uses and Structures

There shall be no permitted principal uses and structures.

Section 1303 Permitted Accessory Uses and Structures

There shall be no permitted accessory uses and structures.

Section 1304 Minimum Lot Requirements

All uses and structures in the General Industrial District shall be by special

exception. The Reservation Planning Commission may permit as special

exceptions any use which is consistent with the intent of this district. Performance

standards found in Appendix A will be used as guidelines in determining special

exceptions.

Section 1305 Minimum Yard Requirements

There shall be a front yard of not less than a depth of twenty-five (25) feet. There

shall be a rear yard of not less than a depth of twenty (20) feet. Each side yard

shall be not less than twenty (20) feet, provided, that on lots adjacent to a

Residential District, all buildings shall be located so as to provide a minimum side

and rear yard of twenty-five (25) feet along that portion of the lot adjacent to the

Residential District.

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ARTICLE 14 - FLOODPLAIN DISTRICT (FP)

Section 1401 Intent

The intent of the Floodplain District (FP) is to delineate reasonable high water

marks within the jurisdiction of this Ordinance. For the reasons of health, safety,

and the general welfare, certain safeguards are needed to : (1) protect human life

and health; (2) minimize the expenditure of public money for costly flood control

projects; (3) insure that potential lawyers are notified that property is in an area

of special flood hazard; and (4) ensure that those who occupy the areas of special

flood hazard assume responsibility of their actions.

Section 1402 Dual Districts

Section 1403

FP districts (zones) will be found in conjunction with another district. Within

these dual districts, the permitted uses, special exceptions, yard and lot

requirements, etc., will be the same as those in the district found jointly with the

FP district. Those districts found jointly are: Floodplain-Agriculture (FP-AG),

Floodplain-Lake Front Residential (FP-R-3), and Floodplain-Commercial (FP-C).

The FP designation requires additional standards / requirements within the dual

districts because of their proximity in flood prone areas.

Flood Hazard Boundary Map Utilized as Basis for FP District

Designation

The FHBM is the basis utilized for the FP zone designation. Any shaded areas on

the FHBM constitute an FP district which must be cross checked with the zoning

map to determine its joint district: AG, C, OR R-3.

Section 1404 Permitted Principal Uses and Structures

Only those permitted uses and structures allowed in the district listed jointly with

the FP district.

Section 1405 Special Exceptions

Only those exceptions that are allowed in the district listed jointly with the FP

designation.

Section 1406 Yard, Lot, and Area Requirement

Yard, lot, area requirements shall be those that are required in the district that is

listed with the FP designation.

Section 1407 Base Flood Data; Elevations Required

The Zoning Administrator, in making his determination of the minimum elevation

of the dwellings first habitable floor and/or the degree of flood proofing, shall

obtain, review, and reasonably utilize any base flood elevation data from Federal,

or other sources. Since actual base flood elevations are not available, the

Administrator shall require and record: .

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Section 1408 General Standards

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In all areas of special flood hazards, the following general standards are required:

L Anchoring

a.

All new construction and substantial improvements shall be anchored

to prevent floatation, collapse, or lateral movements of the structure.

All mobile homes shall be anchored to resist flotation, collapse, or

lateral movements by providing over-the-top and frame ties to ground

anchors. Special requirements shall be that:

(1) _ over-the-top ties be provided at each of the four (4) corners of

the mobile home with two (2) additional ties per side at

intermediate locations with mobile homes less than fifty (50)

feet long requiring one (1) additional tie per side;

(2) frame ties be provided at each corner of the home with five (5)

additional ties per side at intermediate points, with mobile

homes less than fifty (50) feet long requiring four (4) additional

ties per side;

(3) all components of the anchoring system be capable of caring a

force of four thousand eight hundred (4,800) pounds; and

(4) any additions to the mobile home be similarly anchored.

2. Construction Materials and Methods

All new construction and substantial improvements shall be

constructed with materials and utility equipment resistant to flood

damage.

All new construction and substantial improvements shall be

constructed using methods and practices that minimize flood damage.

3. Utilities

All new and replacement water systems shall be designed to minimize

eliminate infiltration of flood waters into the system;

New and replacement sanitary sewage systems shall be designated to

minimize or eliminate infiltration of flood waters into the systems and

discharge from the systems into flood waters; and

On-site waste disposal systems shall be located to avoid impairment to

them or contamination from them during flooding.

Section 1409 Specific Standard

In all areas of special flood hazards, the following specific standards are required:

18-20

1. New construction and substantial improvement of any residential structure

shall have the lowest floor, including basement, elevated to or above base

flood elevation, as determined by the best available data;

2. New construction and substantial improvement of any commercial,

industrial, or other nonresidential or nonagricultural structure shall either

have the lowest floor, including basement, elevated to the level of the base

flood elevation; or, together with attendant utility and sanitary facilities

shail:

a. Be flood proof so that below the base flood level the structure is

watertight with walls substantially impermeable to the passage of

water;

b. Have structural components capable of resisting hydrostatic and

hydrodynamic loads and effects of buoyancy; and

C. Be certified by a registered, professional engineer or architect that the

standards of this subsection are satisfied.

3. | Mobile homes shall be anchored in accordance with Section 1908 (2).

Section 1410 Floodway Restrictions

There shall be no new construction, substantial improvements, fill, or other

developments unless a technical evaluation demonstrates that encroachments

shall not result in any increase in flood levels during the occurrence of the base

flood discharge and all other Federal laws are adhered to.

Section 1411 Warning and Disclaimer of Liability

The degree of flood protection required by this Ordinance is considered

reasonable for regulatory purposes and is based on scientific and engineering

considerations. Larger floods can and will occur on rare occasions. Flood heights

may be increased by man-made or natural causes. This Ordinance does not imply

that land outside the areas of special flood hazards or uses permitted within such

areas will be free from flooding or flood damages. This Ordinance shall not create

liability on the part of the Tribe, any officer or employee thereof, or the Federal

Insurance Administration, for any flood damages that result from reliance on this

Ordinance or any administrative decision made thereunder.

ARTICLE 15 - CONSERVATION DISTRICT (CN)

Section 1501 Intent

The intent and purpose of Conservation District (CN) is to provide for the

retaining of natural growth of a particular area, to preserve the natural

environment and resources from destructive land uses, to preserve certain

locations which an historic value and to protect natural spawning grounds, feeding

grounds, and wildlife habitats.

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Section 1502 Permitted Principal Uses and Structures

The following principal uses and structures shall be permitted in Conservation

Districts (CN):

1. Horticulture uses, agriculture;

2. Public and private parks, recreational areas, hunting and fishing preserves

and camps, wildlife refuges, forest preserves, boat docks, piers, landings, and

summer camps;

3. Forests and production of woodland products including portable sawmills

for cutting timber grown on the premises;

4, Utility lines within right-of-way and within ten (10) feet of public and road

rights-of-way; and

5. On-site signs.

Section 1503 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in Conservation

Districts (CN):

1.

2.

Roadside stands; and

Accessory uses and structures normally appurtenant to the permitted uses

and structures when established within the space limits of this district.

Section 1504 Special Exceptions

After the provisions of this Ordinance relating to special exceptions have been

fulfilled, the Reservation Planning Commission may permit as exception in

Conservation Districts (CN):

1.

5.

6.

Section 1505 Minimum Lot Requirements

Utility substations;

Temporary farm labor accommodations necessary for harvesting those

agricultural products grown on the premises;

Golf courses, country clubs, golf club houses and swimming pools;

Commercial outdoor recreation areas that are similar to public recreation

areas;

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Home occupation.

The minimum lot area and lot area per dwelling unit shall be eighty-eight

18-22

thousand (88,000) square feet. The minimum lot width per dwelling unit at the

front building line shall be one hundred fifty (150) feet.

ARTICLE 16 - SUPPLEMENTARY DISTRICT REGULATIONS

Section 1601 Visibility at Intersections

On a corner lot in all residential districts, nothing shall be erected, placed, planted

or allowed to grow in such a manner as materially to impede vision between a

height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of

the intersecting streets in the area bounded by the street lines of such corner lots

and a line joining points along said street lines fifth (50) feet from the point of the

intersection.

Section 1602 Erection of More Than One Principal Structure of a Lot

In any district, more than one structure housing a permitted or permissible

principal use may be erected on a single lot, provided, that yard and other

requirements of this Ordinance shall be met for each structure as though it were

on an individual lot.

Section 1603 Structures to Have Access

Every building hereafter erected or moved shall be on a lot adjacent to a street and

all structures shall be so located on lots as to provide safe and convenient access

for servicing, fire protection and required off-street parking.

Section 1604 Parking and Storage of Certain Vehicles

Automotive vehicles or trailers of any kind or type current license plates shall not

be parked or stored on any residential zoned property other than in completely

enclosed buildings.

Section 1605 Minimum Off-Street Parking and Loading Requirements

Off-street motor vehicle parking and loading space shall be provided on any lot on

which any of the indicated structures and uses are hereafter established. Such

space should be provided with vehicular access to a street or alley. For the

purpose of computing the number of parking spaces available in a given area, the

formula of two hundred fifty (250) square feet per parking space shall be required.

A schedule of minimum recommended off-street parking and loading

requirements found in Appendix C may be used in all zoning districts to the

structures and uses indicated.

Section 1606 Special Utility Provision

Utilities such as pipelines, underground cables and power and telephone highlines

shall be placed along section lines and their right-of-way.

Section 1607 Sign Requirements

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No off-street signs will be permitted along state and federal highways except in

commercial, Highway Commercial and Industrial Districts. Tribal Law will prevail

along all Federal Aid Primary and Interstate roads. No other signs hereafter may

be erected or maintained in the remaining districts except as erected by an official

unit of government for the direction of control of traffic, and information to the

general public shall conform to the provisions of this Ordinance.

Section 1608 Mobile Home Regulations

Inhabited mobile homes in all districts shall comply with the International

Building Code 2015.

Section 1609 Shoreline Alteration

Tree and shrub cutting in a strip paralleling the shoreline and extending thirty-five

(35) feet inland form all points along the normal high water mark of the shoreline

shall be preserved as far as practicable, and where removed, it shall be replaced

with other vegetation that is equally effective in retarding runoff, preventing

erosion and preserving natural beauty. The removal of natural shrubbery shall

require a permit from the Tribal Zoning Administrator, who prior to issuing the

permit, shall require a plan showing work to be accomplished.

ARTICLE 17 -NONCONFORMING LOTS, NONCONFORMING USES OF LAND,

NONCONFORMING STRUCTURES, NONCONFORMING USES OF STRUCTURES AND

PREMISES, NONCONFORMING CHARACTERISTIC OF USES

Section 1701 Intent

Within the Districts established by this Ordinance or amendment that may later be

adopted there exists:

a. lots,

b. structures,

C. uses of land and structures, and

d. characteristics of use

Which were lawful before this Ordinance was passed or amended, but which

would be prohibited, regulated, or restricted under the terms of this Ordinance or

future amendment. It is the intent of this Ordinance to permit these

nonconformities to continue until they are removed, but not to encourage their

survival. it is further the intent of this Ordinance that nonconformities shall not be

enlarged upon, expanded or extended, nor be used as grounds for adding other

structures or uses prohibited elsewhere in the same District.

Nonconforming uses are declared by theses regulations to be incompatible with

permitted uses in the District involved. A nonconforming use of structure, a

nonconforming use of land, or a nonconforming use of land and structure in

combination shall not be extended or enlarged after passage of this Ordinance by

attachment of a building or premises of additional signs intended to be seen from

Sissetan-Wahneton Oyate

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off the premises, or by the addition of other uses of a nature which would be

prohibited generally in the District involved.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a

change in the plans, construction, or designated use of any building or which actual

construction was lawfully begun prior to the effective date of this adoption or

amendment of this Ordinance and upon which actual building construction has

been carried on diligently. Actual construction is hereby defined to include the

placing of construction materials in permanent position and fastened ina

permanent manner. Where excavation or demolition or removal of an existing

building has been substantially begun preparatory to rebuilding, such excavation

or demolition or removal shall be deemed to be actual construction, provided that

work shall be carried on diligently.

Section 1702 Nonconforming Lots of Record

Section 1703

In any District in which single-family dwellings are permitted, a single-family

dwelling and customary accessory buildings may be erected on any single lot of

record at the effective date of adoption or amendment of this Ordinance, not

withstanding limitations imposed by other provisions of the Ordinance.

Such lot must be in separate ownership. This provision shall apply even though

such lot fails to meet the requirements for area or width, or both, that are

generally applicable in the District, provided that yard dimensions and

requirements other than those applying to area or width, or both, of the lot shall

conform to the regulations for the District in which such lot is located. Variance of

yard requirements shall be obtained only through action of the Reservation

Planning Commission.

In any District, if two (2) or more lots combinations of lots and portions of lots

with continuous frontage in single ownership are of record at the time of passage

or amendment of this Ordinance, and if all or part of the lots do not meet the

requirements established for lot width and area, the lands involved shall be

considered to be an individual parcel for the purpose of this Ordinance, and no

portion of said parcel shall be used or sold in a manner which diminished

compliance with lot width and area requirements established by this Ordinance,

nor shall any division of any parcel be made which creates a lot with width or area

below requirements stated in this Ordinance.

Nonconforming Uses of Land (Or Land with Minor Structure Only)

Where at the time of passage of this Ordinance lawful use of land exists which

would not be permitted by the regulations imposed by this Ordinance, the use may

be continued so long as it remains otherwise lawful, provided:

1. No such nonconforming use shall be enlarge or increased, nor extended to

occupy a greater area of land than was occupied at the effective date of

adoption or amendment of this Ordinance;

2. No such nonconforming use shall be moved in whole or in part to any

portion of the lot or parcel other than that occupied by such use at the

effective date of adoption or amendment of this Ordinance;

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If any such nonconforming use of land ceases for any reason for a period of

more than one (1) year, any subsequent use of such land shall conform to

the regulations specified by this Ordinance for the District in which such

land is located; and

No additional structure not conforming to the requirement of this Ordinance

shall be erected in connection with such nonconforming use of land.

Section 1704 Nonconforming Structures

Section 1705

Where a lawful structure exists at the effective date of adoption or amendment of

this Ordinance that could not be built under the terms or this Ordinance by reason

of restrictions on area, lot coverage, height, yards, its location on the lot, or other

requirements concerning the structure, such structure may be continued so long

as it remains otherwise lawful, subject to the following provisions:

L.

No such nonconforming structure may be enlarged or altered in a way which

increased its nonconformity, but any structure or portion thereof may be

altered to decrease its nonconformity;

Should such nonconforming structure or nonconforming portion of

structure be destroyed by any means to an extent of more than fifty (50)

percent of its (reasonable fair market value (replacement cost) at time of

destruction, it shall not be reconstructed except in conformity with the

provisions of this Ordinance; and

Should such structure be moved for any reason for any distance whatever, it

shall thereafter conform to the regulations for the District in which it is

located after it is moved.

Nonconforming Uses of Structures or of Structures and Premises in

Combination

if lawful use involving individual structures or of structure and premises in this

Ordinance, that would not be allowed in the District under the terms of this

Ordinance, the lawful use may be continued so long as it remains otherwise lawful,

subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this Ordinance in the

District in which it is located shall be enlarged, extended, constructed,

reconstructed, moved or structurally altered except in changing the use of

the structure to a use permitted in the District in which it is located;

Any nonconforming use may be extended throughout any parts of a building

which are manifestly arranged or designed for such use shall be extended to

occupy any land outside such building;

If no structural alterations are made, any nonconforming use of a structure,

or structure and premises, may as a conditional use be changed to another

nonconforming use provided the Reservation Planning Commission either

by general rule or by making findings in the specific case, shall find that the

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proposed use is equally nonconforming use. In permitting such change, the

Reservation Planning Commission may require appropriate conditions and

safeguards in accord with the provisions of this Ordinance;

4, Any structure, or structures and land in combination, in or on which a

nonconforming use is superseded by a permitted use, shall thereafter

conform to the regulation for the District, and the nonconforming use may

not thereafter be resumed;

5. When a nonconforming use of a structural, or structure and premises in

combination, is discontinued or abandoned for nine (9) consecutive months

or for twenty-four (24) months during any three-year (3) period (except

when government action impeded access to the premises), the structure, or

structure and premises in combination, shall not thereafter be used except

in conformity with the regulations of the District in which it is located; and

6. Where nonconforming use status applies to a structure and premises in

combination, removal or destruction of the structure shall eliminate the

nonconforming status of the land. Destruction for the purpose of this

subsection is defined as damage to replace cost at time of destruction.

Section 1706 Repairs and Maintenance

On any nonconforming structure or portion of a structure containing a

nonconforming use, work may be done in any period of twelve (12) consecutive

months on ordinary repairs, or on repair or replacement of non-bearing walls,

fixtures, wiring, or plumbing of the nonconforming structure of nonconforming

portion of the structure, as the case may be, provided that the cubic content

existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming

use becomes physically unsafe or unlawful due to lack of repairs and maintenance

and is declared by any duly authorized official to be unsafe or unlawful by reason

of physical condition, it shall not thereafter be restored, repaired, or rebuilt except

in conformity with the regulations of the District in which it is located. Nothing in

this Ordinance shal! be deemed to prevent the strengthening or restoring to a safe

condition of any building or part thereof declared to be unsafe by an official charge

with protecting the public safety, upon order of such official.

Section 1707 Special Exceptions Shall not be Nonconforming Uses

Any use which is permitted as a special exception in a District under the terms of

this Ordinance (other than a change through Reservation Planning Commission

action from a nonconforming use to another use not generally permitted in the

District) shall not be deemed a nonconforming use in such District but shall

without further action be considered a conforming use at the date of adoption of

this Ordinance.

ARTICLE 18 -ADMINISTRATIVE PROCEDURE AND ENFORCEMENT - BUILDING PERMITS

Section 1801 Administration and Enforcement Sisseton-Wahneton Qyata

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An administrative official, who shall be known as the Zoning Administrator and

who shall be designated by the Tribal Council, shal! administer and enforce this

Ordinance. He may be provided with the assistance of such other persons as the

Tribal Council may direct.

If the Zoning Administrator shall find that any of the provisions of this Ordinance

are being violated, he shall notify the writing the persons responsible for such

violations, indicating the nature of the violation and ordering the action necessary

to correct it. He shall order discontinuance of illegal use of land, buildings, or

structures; removal of illegal buildings or structures or of illegal additions,

alterations, or structural changes; discontinuance of any illegal work being done;

or shall take any other action authorized by this Ordinance to insure compliance

with or to prevent violation of its provisions.

Section 1802 Buildings Permits Required

No building shall be erected, partially erected, moved, added to, or structurally

altered without a permit therefore issued by the Zoning Administrator if its value

exceeds five hundred ($500.00) dollars and increases the square footage of a

building. No building permit shall be issued by the Zoning Administrator except in

conformity with the provisions of this Ordinance, unless he received a written

order from the Reservation Planning and Zoning Commission in the form of an

administrative review, special exception, or variance as provided by this

Ordinance.

Section 1803 Application for Building Permits

All applications for building permits shall be accompanied by plans in duplicate

drawn to scale showing the actual dimensions and shape of the lot to be built

upon; the exact sizes and locations on the lot of buildings already existing, if any,

and the location and dimensions of the proposed building or alteration, see

Appendix D.

The application shall include such other information as lawfully may be required

by the Zoning Administrator, including existing or proposed building or alteration;

existing or proposed uses of the building and land; and number of families,

housekeeping units, or rental units the building is designated to accommodate;

conditions existing on the lot; approximate evaluation; and such other matters as

may be necessary to determine conformance with and provide for the enforcement

of this Ordinance.

One copy of the application for building permit shall be returned to the applicant

by the Zoning Administrator after he shall have marked such copy either as

approved or disapproved and attested to same by his signature on such copy. Ifa

building permit is refused, the Zoning Administrator shall state the reasons for

such refusal in writing. The original shall be retained by the Zoning. The issuance

of a building permit shall, in no case, be construed as waiving any provisions of

this Ordinance.

Section 1804 Expiration of Building Permit

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