# Sisseton-Wahneton Oyate > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asisseton-wahpeton%3Aff17f721a33562fa ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Sisseton-Wahneton Oyate dudicial Committee New Cote O Amended Cote AL Repealed a Tribal Council Reselution Not = nell Judicial Committee Adaption Date 5~ 11 (Le Tribal Council Anuravaf Date = AW) SISSETON-WAHPETON OYATE CHAPTER 18 ZONING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 Sisseton-Wahpeton Oyate SISSETON-WAHPETON OYATE sudicial Committee New Cole O Amended CodeX] Repealed Cod Tribal Council Resolution No. Lio ~ 2 CHAPTER 18 dudicial Committes Adaption Date Teihal Council Anpreval Bate_l- 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/ 18-1 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 Sisseton-Wahneton Oyat Judicial Committes ° 18-2 New Code O Amenities Code Repeated Trikal Council Resolution No, Ln : j= OF Judicial Carmmittee Adogtion Date Alo Trikat Council Approval Date | 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 Sisseton-Wahpeton Gyate Judicial Committee 18-3 Now Cote O Amonded Code K Repealed Cod Tribal Council Resolution No, “le dusicial Carmittee Adoutinn Bate UL Trial Council Approval Date | = 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 Sisseton-Wahpeton Oyate dudicial Committee New Code Amonued Code K Repealed Cade 18-4 Tribal Council Resolution No, -WWo- 649 Juciclal Coramittee Adoption Data =\lo Trital Councit Azgraval Date. \- iia 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; Sisseton-Wahpeton Oyate dudicial Committee New Code C1 Amended Code A Repeated Code Q 18-5 Trihat Councii Resolution No. Pan 8 Judicial Committee Adoption Date oC} tle Tribat Councit Aproval Date: = 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. 18-6 New Trike: Sisseton-Wahpeton Oyate ! Council Approval Date ye Lo Mt Judicial Committee Code Amended Gade Repealed Cove Tribal Council Resolution we settee duticiat Comittee Adaatian Hata 3 ie -\ Sisseton-Wahpeton Oyate Section 702 Permitted Principal Uses and Structures dudicial Committes 1. 2. New ode 1 Amontled Code Renealed Co Tribal Council Rasolution No Hitech Judicial Carmmittes Adagtion Data S— =|le Tritt Councit Auaroval Date” (-2-(- 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 18-7 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. Sisseton-Wahpeton Oyate Judicial a eae New Code C] Amondeil Code JA Repeated Code ARTICLE 8 - PLANNED MOBILE HOME DISTRICT (R-2) Titel CotnclReesiion HoSaSO—l O-Oot a dudicial Committee Adoution Date =o i Tribal Council Aparoval Date_L-@h I 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, 18-8 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 Sisseton-Wahneton Oyate 18-9 Now Gode C1 Amended Gode Tribal Cosmneil Resolution No’ ducieial Committee Adaption Date Trikal Councit Approval Date__\- Judicial ose Rew Repealed Code O1 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 Section 901 Intent dudicial Committee New Code C1 Amonted Code Repealed Go; Tribal Coumeil Resolution Not Alo- 18-10 duciciat Committee Adgntion Date “7. rat Tribal Councit Avaroval Date - 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 Sisseton-Wahneton Oyata dudizial Committee 18-11 Now Gore C1 Amended Sade, i : Repealed Ci Trikal Counc! Hution Nos Ale ode C1 ee Atfeption Data a p duticiat Commit Trikat Council Apnreval Bate | vot oe 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; Sisseton-Wahneton Gyat 6. Cemeteries; dudisial Sommittes ° Now Sode C1 Amvnded Sade XL Repealed Code C1 Tribal Counc! Rusalution No; Ae - divisiat te Adoption Date “- ne 18-12 Tribat Counen Aunroval Date a ake 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 Judicial Committee 18-13 Tribsi Gauneit Approval Bate Te" 10. 11. 12, 13. 14, 15. 16, 17. 18. 19. Sisseton-Wahpeton Oyate dudicial Committee ; ; . New Code 0] Amzeden Sede Repealed Cg. Finance. insurance and real estate services; Tribal Council Razulution No: ~ (o-Ct2 Juvicial Coramittee Adoution Date > it “le Tribal Gaming Establishment; Tribal Council Auproval Date ~2- gh l= 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 18-14 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 Judicial Committee 18-15 Now Code O Aronded Code KL Repealed Code C7 Trikat Council Rezalution No \le-oF9 Juciciat Cosamittee Adoption Date We Tribal Council Aparoval Date] 16. 17. 18. 19. 20. Sissetan-Wahpeton Oyate Judicial Sommpitiea New oda Amonded Sode Repealed Code Cl 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 18-16 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 Sissetor-Wahneton Oyate dudicial Sommitiee i Soe Repealed Code snlution Nos -\hp-| 2 Adeption Data Sead SO Trikst Council Approval Date] - =\ 18-17 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. Sisseton-Wahpeton Oyate Judicial Sommittea Now ode O] ¢ ‘Tribal Course! 18-18 du“icial Committers Adaution Date Trikzt Conneil Aparoval Date] ~ FA ven Code A Repealed Code O a 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: . Sisseton-Wahpeton Oyate dudicial Committee New Code Ol Aurcuiten Sode wait noe CI gtinn Data Ae Lo 18-19 Section 1408 General Standards Sisseton-Wahpeton Oyate dudicial Gemmittee New Code 0 ndeg Cole A] Repealed Code 0 Tribal Gette! i ice ~L ile dusiciat Co 2 Adeution Data Tribal Council Appraval Date} 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. al Rommittee Code we ines imi Jon Nd > a Bais “Oe UV al Date] 18-21 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; : . . Sisseton-Wahneton Gyate Single family dwelling; and dudiciat Committes maonded Sode fA Repealed Code 0 ition No. pax \le ge Hicia Avoption Data Ans Trihat Gouncil Aparoval Date_t—- 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 Sisseton-Wahpeton Cyate dudicial Committee arate ge 5 18-23 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 Judicial Committee 18-24 Now Code C) Aare Repealed Code C1 Tribal Counc’ R- cn Noe -\o- Jucisial ¢ Adoution Date_“ay-L LAY Tribal Council Aparaval DateTL od We, 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; Sisseton-Wahneton Gyate de al Seminittee 18-25 Tris Council Aporoval Date] ~ 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 18-26 Sorte a ( fed Code C1 ; Awoptioa Dat Tribal Gouncit Agoroval Date]: 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 dual Gomimittas Sade YW Repealed Code O No. - 18-27 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 iahneton Gyate munities fode OX Renenled Code, : dl cue’ en No oat Die a ception Data BI Trihet Ominc Ayoroval Bate NC: 18-28 [OCR skipped on page(s) 31-84] [Read from a scan; the first 30 pages.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asisseton-wahpeton%3Aff17f721a33562fa. Public record. Not legal advice.