CHAPTER 37 - - LAND USE37.1 SECTION 1: TITLE This ordinance shall be known as the Land Use Ordinance of the Red Cliff Band of Lake Superior Chippewa Indians.
(c) have the power by majority vote to adopt such rules and regulations governing the conduct of hearings before the Board as it deems necessary; provided, however, that all meetings and votes of the Board, and all hearings it conducts, shall be open to the public; and further provided that written minutes of all such meetings and hearings shall be available to the public.
(a) The Zoning Administrator shall consult and cooperate with the Planning Board during its study of the Reservations land use needs under Section 37.4.1 (a) of this ordinance:
(b) Upon the adoption of an Official Tribal Zoning Map by the Tribal Council, the Zoning Administrator shall have the responsibility to investigate violations, give notice thereof, and recommend prosecution in cases where violations remain uncorrected, under the provisions of Section 12 of this ordinance;
(c) The Zoning Administrator shall issue Land Use Permits required by Section 8 of this ordinance, if application for the permit indicates that the building will conform to the uses permitted by the Official Tribal Zoning Map;
(d) The Zoning Administrator may make recommendations to the Planning Board or the Tribal Council concerning appeals from the denial of Land Use Permits or concerning applications for Special Permits.
(a) Purpose. The Residential zone is intended to provide an area which will allow residential development in those areas within the Reservation most suited for such development.
(b) Permitted Uses. Within the Residential Zone, no building or land shall be used except for the following uses;
(1) Residential purposes or accessory to a residential use.
(2) A community or recreation building. No farming or raising livestock may be carried on in a residential district, but this restriction shall not apply to gardening, or limited small animal husbandry for hobby or non-commercial use.
(a) Purpose. The Commercial zone is intended to provide an open commercial zone for commercial and light industrial activities from gas stations and supermarkets to warehousing and light manufacturing.
(b) Permitted Uses. Permitted uses include, but are not limited to, grocery stores, general retail and specialty shops, laundromats, cafes, entertainment and recreation facilities, inns, lodges, and rooming houses, parks and boat launching, docks, public buildings, museum, and police stations. Light auto repair, boat repair and construction, seafood processing and merchandising, arts and crafts and marinas are also classified as commercial activities. Any use that is permitted in the Residential zone is also permitted.
(c) Auto Salvage--Scrap yards. The purpose of this section is to assure that any business of this type will use the utmost care in protecting the environment.
The permit application will show:
(1) A fence, 15 feet high around the site so as to obstruct the view from the roadway or a screening barrier of evergreen vegetation.
(2) A bermed wall, four feet high within the perimeter of the fence.
(3) A poly mat with a clay liner.
(4) Control system for water runoff.
(5) Fluid collection and short term storage capability, for vehicles entering yard.
(6) Minimum site size, two acres.
(7) Storage areas for batteries, and storage system protecting tires from rain.
(a) Purpose. The Agricultural zone is intended to provide a zone which will allow areas of the Reservation to be retained in a lower population density for purposes of farming and raising livestock and agriculture.
(b) Permitted Uses. Within the Agricultural zone, no building or land shall be used except for one or more of the following uses: Single family dwellings, farming and raising livestock, agriculture, and structures accessory to an agricultural permitted use.
(c) Size Requirement. The minimum size for agricultural purposes shall be ten (10) contiguous acres.
(a) Purpose. The Forestry zone is intended to allow forestry management and its related activities.
(b)Permitted Uses. In the Forestry zone, no uses or structures shall be permitted unless for forestry uses. For the purpose of this ordinance, owners residences and uses shall be permitted.
(a) Purpose. The Wilderness zone is intended to retain the natural environment.
(b) Permitted Uses. In the Wilderness zone, the following uses shall be permitted: Picnic grounds, hiking, bridle trail, scenic view points, and day
(a) Purpose. The Preserved area is intended to retain the natural environment.
(b) Permitted Uses. In the Preserved area, the following uses shall be permitted: cultural significance, spiritual ceremonies, and quiet enjoyment of tribal members.
(a) Lake Superior. There shall be a 150 foot set back from the ordinary high water mark. All structures and major ground cover disturbances shall be prohibited.
(b) Trout Streams. On all trout streams a minimum set back of 100 feet is required.
(c) Decks and Buildings Prohibited. Decks, observation platforms and buildings are expressly prohibited in the shoreline set back areas.
(d) Greater Setbacks. In cases of adverse soil to topographical conditions, the Zoning Administrator and/or Zoning Committee may require greater setbacks.
(a) Requirements. No outdoor advertising sign visible to the traveling public may be erected or maintained except as provided in this section.
(b) Number. The number of off premise signs permitted for any one applicant shall be limited to one (1) sign on each highway approach to that applicants place of business.
(c) Size. On business premises, signs shall not exceed 50 square feet. Of f premise signs shall not exceed 100 square feet.
(d) General Requirements.
(1) Flashing, intermittent, or moving lights or moving parts shall not be used with any sign.
(2) Signs shall not be placed to interfere with official traffic signs or driver visibility.
(3) Signs shall not be closer then three (3) feet to a property line or right of way, and shall not extend more than fifteen (15) feet above ground level, or, if fastened to a building not higher then the highest part of the building.
(4) No advertising sign shall be designed or erected to be seen or read from any navigable water, except signs advertising that a specific parcels for sale, or signs indicating the name and service of a business established on that site. Such signs shall be a maximum of twelve (12) square feet and shall be unlighted or indirectly lighted.
(5) All signs, sign faces and supports, shall be maintained in a good state of appearance and repair, as determined by the Zoning Administrator.
(e) Noncompliance. The Zoning Administrator may revoke any permit or order any sign removed for noncompliance with the provisions of this section.
(f) Removal Notice. A time limit of not less then thirty (30) days shall be given prior to the removal of any sign.
(g) Penalty. If a person does not remove a sign, the Zoning Administrator will do so, and any cost incurred will be charged to the individual.
(a) Appeals must be taken within fifteen (15) days after the applicant received notice of the Zoning Administrators decision and shall be filed in duplicate with the Zoning Administrator.
(b) Upon filing of an appeal, the Zoning Administrator shall set a time and place for a hearing before the Planning Board which hearing shall be held within thirty (30) days after its filing. Notice of the time and place shall be mailed at least ten (10) days before the hearing to the appellant, and shall be published at least once in a newspaper of general circulation within the Reservation and posted in a conspicuous place at the Tribal Administration Office.
(c) At the hearing on an appeal the Planning Board shall hear such persons as wish to be heard and shall take minutes of the meeting.
(d) After a hearing on an appeal the Planning Board shall make its decision on the appeal and shall within fifteen (15) days serve a copy of its decision on the appellant and on the Tribal Council.
(a) That there are special circumstances or conditions affecting the land, building, or use referred to in the application for the variance; and
(b) That granting the Special Permit will not be materially detrimental to the public welfare or injurious to property on the area adjacent to the property for which the variance is sought; and
(c) That granting the Special Permit will maintain the spirit and intent of this ordinance, and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone.