Colville Tribal Law and Order Code

CHAPTER 4-1 FISH, WILDLIFE AND RECREATION
CHAPTER 4-2 WATERCRAFT REGISTRATION
CHAPTER 4-3 LAND USE AND DEVELOPMENT
CHAPTER 4-4 CULTURAL RESOURCES PROTECTION
CHAPTER 4-5 ON-SITE WASTEWATER TREATMENT AND DISPOSAL
CHAPTER 4-6 MINING PRACTICES WATER QUALITY
CHAPTER 4-7 FOREST PRACTICES WATER QUALITY
CHAPTER 4-8 WATER QUALITY STANDARDS
CHAPTER 4-9 HYDRAULICS PROJECT PERMITTING
CHAPTER 4-10 WATER USE AND PERMITTING
CHAPTER 4-11 RANGELAND MANAGEMENT
CHAPTER 4-12 FOREST PROTECTION
CHAPTER 4-13 SOLID WASTE
CHAPTER 4-14 WILD HORSES
CHAPTER 4-15 SHORELINE MANAGEMENT
CHAPTER 4-16 HAZARDOUS SUBSTANCE CONTROL
CHAPTER 4-17 PUBLIC FACILITIES FINANCING
CHAPTER 4-18 INTERIM CONTROL CHAPTER TO REGULATE THE CONSTRUCTION/OPERATION OF AIR EMISSION SOURCES DECLARATION AND DEFINITIONS
CHAPTER 4-19 FIRE MANAGEMENT

CHAPTER 4-2 WATERCRAFT REGISTRATION

4-2-1 Definitions

Unless the context clearly requires otherwise, the definitions in this section apply throughout this Chapter. (a) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

(b) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

(c) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail on the Reservation or to the Tribes.

(d) "Department" means the Purchasing Department of the Tribes.

(e) "Reservation" means the Colville Indian Reservation including all waters of Lake Roosevelt, Rufus Woods Lake and the Okanogan River located therein.

(f) "Tribes" means the Confederated Tribes of the Colville Reservation.
4-2-2 Registration and Display of Registration Number and Decal Prerequisite to Ownership or Operation of Vessel—Exceptions

No vessel shall be operated on the waters of the Reservation unless the vessel has been registered and displays a registration number and a valid decal in accordance with this Chapter, except that a vessel which has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal.


4-2-3 Registration of Vessels Numbered Under the Federal Boat Safety Act

(a) A vessel numbered under the Federal Boat Safety Act or under any state plan approved by the United States Coast Guard and operated on the Reservation need not register under this Chapter. Provided, all vessels owned by the Tribes as defined in section 4-2-4 shall be registered and numbered exclusively under this Chapter.

(b) As used in this section, "Federal Boat Safety" means the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.).


4-2-4 Vessel Registration Required—Exceptions

Notwithstanding any other part or provision of this Chapter, any vessel that is required to be numbered and registered under the Federal Boat Safety Act that is owned by the Tribes, any department or agency of the Tribes or any enterprise chartered under or by the Tribes and operated on the Reservation shall be numbered and registered exclusively under the provisions of this Chapter, except for the following:
(a) Vessels used as a ship's lifeboat;

(b) Vessels equipped with propulsion machinery of less than ten horsepower that: (1) Are owned by the owner of a vessel for which a valid vessel number has been issued;

(2) Display the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the Department; and

(3) Are used as a tender for direct transportation between that vessel and the shore and for no other purpose.

(c) Vessels under sixteen (16) feet in overall length which have no propulsion machinery of any type or which are not used on waters subject to the jurisdiction of the United States and are powered propulsion machinery of ten or less horsepower;

(d) Vessels with no propulsion machinery of any type for which the primary mode or propulsion is human power; and

(e) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States.

4-2-5 Issuance of Registration—Agents—Deposit of Fees in General Fund

The Tribes shall provide for the issuance of vessel registrations and may appoint agents for collecting fees and issuing registration numbers and decals. Fees for vessel registrations collected shall be deposited in the General Fund, and used to maintain the numbering and registration program provided under this Chapter, water safety, and protection of water and related resources.


4-2-6 Application—Registration Fee and Excise Tax—Registration Number and Decal—Registration Periods—Renewals—Transfer of Registrations

(a) Application for a vessel registration shall be made to the Department or its authorized agent in the manner and upon forms prescribed by the Department. The application shall state the name and address of each owner of the vessel and such other information as may be required by the Department, shall be signed by the owner or owner's representative, and shall be accompanied by a vessel registration fee of ten dollars ($10.00) per year and any excise tax that may be imposed by tribal law.

(b) Upon receipt or the application and the registration fee, the Department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the Department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the Code of Federal Regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements under this Chapter. In all respects the numbering and registration program established under this Chapter shall comply with applicable federal law and regulations.

(c) The vessel registration and decals are valid for a period of one year, except that the Department may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the Department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the Department upon payment of the vessel registration fee and excise tax, if any. Upon renewing a vessel registration, the Department shall issue a new decal to be affixed as prescribed by the Department.

(d) A person acquiring a new vessel which is subject to registration under this Chapter or a vessel already validly registered under this Chapter shall, within fifteen (15) days of the acquisition or purchase of the vessel, apply to the Department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of three dollars ($3.00).


4-2-7 Registration of Dealers—Fees

(a) Each dealer of vessels who wishes to sell to the Tribes vessels to be used on the Reservation shall register with the Department in the manner and upon forms prescribed by the Department. Upon receipt of a dealer's application for registration and the registration fee provided in subsection (b) of this section, the dealer shall be registered and a registration number assigned. Provided, the obtaining of an Indian Trader's License shall comply with the requirements of this subsection if the fee is paid as provided under subsection (b) below.

(b) The registration fee for dealers shall be thirty-five dollars ($35.00) per year, and the fee shall cover all vessels owned by the dealer for sale and not rented on a regular commercial basis by the dealer.

(c) Dealer registration numbers are nontransferable.

(d) Section 4-2-2 does not apply to any dealer or employee or prospective customer of the dealer with respect to any vessel covered by the dealer's registration number and used for a business purpose of the dealer, such as a demonstration vessel or for purposes of testing or making repairs.


4-2-8 Certificate of Titles

(a) The Department shall provide for the issuance of vessel certificates of title for all vessels subject to registration under this Chapter. Applications for certificates may be made through the agents appointed under section 4-2-5 or to the Department. The fee for a vessel certificate of title is eight dollars ($8.00). Fees for vessel certificates of title shall be deposited in the General Fund. Security interests in vessels subject to the requirements of this Chapter and attaching after September 1, 1987, shall be perfected only by indication upon the vessel's title certificate. The provisions of tribal Chapters relating to motor vehicle certificates of registration, title, certificate issuance, ownership transfer, and perfection of security interests, and other provisions which may be applied to vessels subject to this Chapter, may be so applied by rule of the Department if they are not inconsistent with this Chapter.

(b) Whenever a vessel is to be registered for the first time as required by this Chapter, except for a vessel having a valid marine document as a vessel of the United States, application shall be made at the same time for a certificate of title. Any person who purchases or otherwise obtains majority ownership of any vessel subject to the provisions of this Chapter, except for a vessel having a valid marine document as a vessel of the United States, shall within fifteen (15) days thereof apply for a new certificate of title which shows the vessel's change of ownership.

(c) Security interests may be released or acted upon as provided by the law under which they arose or were perfected. No new security interest or renewal or extension of an existing security interest is effective except as provided under the terms of this Chapter. Provided, nothing in this section or Chapter is or is it intended to waive the sovereign immunity of the Tribes, or to waive the sovereign immunity of any tribal department or agency of the Tribes, or enterprise chartered by the Tribes under Tribal law. Any waiver of sovereign immunity must be expressly contained in the document(s) relating to a particular transaction or event, and must in addition comply with all requirements of any applicable Tribal or federal law or rule.

(d) Notice shall be given to the issuing authority by the owner indicated on the certificate of registration within fifteen (15) days of the occurrence of any of the following: Transfer of any part or all of the ownership of a vessel registered under this Chapter; any change of address of owner; destruction, loss, abandonment, theft, or recovery of the vessel; or loss or destruction of a valid certificate of registration on the vessel.


4-2-9 Application for Title Certificate—Oath By Owner

Each application for a title certificate shall require the person to be designated as the registered owner to swear under penalty of the perjury laws of the Tribes, that he/she is the owner or an authorized agent of the owner of the vessel, and that it is free of any claim of lien, mortgage, conditional sale, or other security interest or any person except the person or persons set forth in the application as secured parties.


4-2-10 Duplicate Certificates—Replacement Decals—Surrender

(a) If a certificate of title, a certificate of registration, or a pair of decals is lost, stolen, mutilated, or destroyed or become illegible, the first priority secured party, the owner or legal representative of the owner named in the certificate, as shown by the records of the Department as provided herein, shall promptly apply for and may obtain a duplicate certificate or replacement decals upon payment of three dollars ($3.00) and furnishing information satisfactory to the Department.

(1) An application for a duplicate certificate of title shall be accompanied by an affidavit of loss or destruction in a form approved by the Department and signed by the first secured party or, if none, the owner or legal representative of the owner.
(2) An application for a duplicate certificate of registration or replacement decals shall be accompanied by an affidavit of loss or destruction in a form approved by the Department and signed by the owner or legal representative of the owner. (b) The duplicate certificate of title or registration shall contain the legend, "This is a duplicate certificate". It shall be mailed to the first priority secured party named in it or, if none, to the owner.

(c) A person recovering an original certificate of title, certificate of registration, or decal for which a duplicate or replacement has been issued shall promptly surrender the original to the Department.


4-2-11 Duty of Operator Involved in Collision, Accident, or Other Casualty—Immunity from Liability of Person Rendering Assistance

(a) The operator of a vessel involved in a collision, accident, or other casualty, to the extent the operator can do so without serious danger to the operator's own vessel or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the incident. Under no circumstances may the rendering of assistance or other compliance with this section be evidence of the liability of such operator for the collision, accident, or casualty. The operator shall also give his or her name, address, and the identification of the operator's vessel to the Department, appropriate state officials, and the National Park Service if the accident, collision or other casualty occurred on Lake Roosevelt and any person injured and to the owner of any property damaged: Provided, that this requirement shall not apply to operators of vessels when they are participating in an organized competitive event covered by a permit issued by the United States Coast Guard. These duties are in addition to any duties otherwise imposed by law.

(b) Any person who complies with subsection (a) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty, without objection of the person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance, where the assisting person acts as any reasonably prudent person would have acted under the same or similar circumstances.


4-2-12 Inspection or Registration—Violation of Chapter

Any person charged with the enforcement of this Chapter may request for inspection the certificate of registration from any vessel owner or operator to ascertain the legal and registered ownership of such vessel operated in the Reservation waters. Failure to provide such certificate for inspection upon the request of any person charged with enforcement of this Chapter constitutes a violation of this Chapter and shall subject the person requested to produce such document to the civil penalties provided by section 4-2-12.


4-2-13 Use of Vessel in Negligent Manner or While Under the Influence of Alcohol or Drug Prohibited—Penalty

(a) It shall be a violation of this Chapter for any person to operate a vessel in a negligent manner or under the influence of intoxicating liquor or any drug. For the purpose of this section, to "operate in a negligent manner" shall be construed to mean the operation of a vessel in such manner as to endanger or be likely to endanger any persons or property.

(b) A person is guilty of operating a vessel while under the influence of intoxicating liquor or any drug if the person operates a vessel within the Reservation while:
(1) The person has 0.10 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath, blood, or other bodily substance; or

(2) The person is under the influence of or affected by intoxicating liquor or any drug; or

(3) The person is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of any state or the Tribes shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for blood alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

(c) For the purposes of this section, "vessel" means any watercraft used or capable of being used as a means of transportation on the water.

(d) For the purpose of this section, "vessel operator" means a person who is in actual physical control of a vessel.

(e) Any person violating this section is subject to the penalties set out under section 4-2-12. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.


4-2-14 Rule-Making Authority

The Department may adopt rules to implement this Chapter.


4-2-15 Penalties—Deposition of Moneys Collected—Enforcement Authority

(a) A violation of this Chapter, and the rules adopted by the Department pursuant this Chapter is a Class B Offense punishable as provided in the Law and Order Code.

(b) Where a person violating this Chapter or any rule adopted by the Department pursuant to this Chapter is a non-Indian not subject to the criminal jurisdiction of the Tribes, that person shall be subject to:
(1) The civil procedures set out in the Fish and Game Chapter of the Law and Order Code; or

(2) Where the law enforcement officer has reasonable grounds to believe that the continued operation of a vessel in violation of this Chapter constitutes a threat to the safety of other vessels, or the resources of the Tribes, an immediate order to cease operation of a vessel on the water or the Reservation until the person can operate the vessel in a safe manner;

(3) Permanent exclusion from the Reservation as provided under Chapter 3-2 of the Tribes' Law and Order Code;

(4) Arrest under applicable federal law; or

(5) All of the above;

(6) Where appropriate, a law enforcement officer may escort a person in violation of this Chapter or rules adopted under this Chapter off the waters of the Reservation.

(c) Where a person continues to operate or refuses to refrain from operating a vessel on the waters of the Reservation in a manner so that other vessels, Reservation resources or the operator is in continued danger, and a law enforcement officer has requested that the operator ceases operation in a dangerous manner, a law enforcement officer may in addition to any other powers he/she may have seize the vessel so that it cannot be operated on the waters of the Reservation in a dangerous manner. The vessel shall be returned to the operator if the operator leaves the waters or the Reservation, or at such times as it can be operated in a safe manner. In addition, the vessel shall be returned to any other person on the vessel capable of operating the vessel in a safe manner where such person agrees to take responsibility for the vessel operation, and in any case where the operator is not the owner, to the owner. Any operator subject to this provision may challenge the law enforcement officer's action in Tribal Court. Provided, neither the officer nor the Tribes shall be subject to damages.

(d) All law enforcement officers and fish and game officers shall have the authority to enforce this Chapter, and the rules adopted by the Department pursuant to this Chapter within their respective jurisdictions.


4-2-16 Title Certificate System—Legislative Intent—Authority for Rules and Procedures to Establish System

It is the intention of the Tribes to establish a system of certificates of title for vessels and watercraft similar to that established by the Tribes for motor vehicles. It is the goal of this Chapter that the title certificate becomes prima facie evidence of ownership of the vessel it describes so that persons may rely upon that certificate; and that security interest in vessels be perfected solely by notation of a secured party upon the certificate.

4-2-17 Inspection of Vessels

The Department is hereby authorized to require inspection of vessels which are brought onto the Reservation from a state and for which no title certificate has been issued and for any other vessel if the Department determines that inspection of the vessel will help verify the accuracy of the information set forth on the application, or is necessary to protect the health and welfare of the Tribes, its members and others on the Reservation.


4-2-18 Department and Tribes Immune from Suit for Administration of Chapter

No suit or action shall ever be commenced or prosecuted against the Department or the Tribes by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the Department under this Chapter.


4-2-19 Severability

If any provision of the Chapter, or its application to any person or circumstance is held invalid, the remainder of this Chapter, or its application shall not be affected.

(Chapter 4-2 Adopted 8/6/87, Resolution 1987-444)
(Certified 8/18/87)

CHAPTER 4-3 LAND USE AND DEVELOPMENT

GENERAL PROVISIONS

4-3-1 Title

This Chapter shall be known as and may be referred to as the Colville Land Use and Development Chapter.


4-3-2 Authority

The Colville Land Use and Development Chapter is enacted by the Colville Business Council pursuant to its general duty and authority under Article V of the Constitution to exercise the governmental and proprietary powers of the Confederated Tribes of the Colville Reservation; to protect and preserve tribal property, wildlife, and natural resources; to cultivate and preserve Indian culture; and, to protect the health, welfare, and security of the Confederated Tribes of the Colville Reservation, its members, and the interests of all those individuals residing or owning property on the Colville Indian Reservation.


4-3-3 Legislative Intent

(a) The legislative intent of the Colville Business Council in adopting this Chapter is to preserve and protect the political integrity, the economic survival, and the health and welfare of the present and future members of the Confederated Tribes of the Colville Reservation, to exercise the Tribes' powers of self government and self determination over all lands of the Colville Indian Reservation; and, to implement the Tribes’ Comprehensive Land Use Policy Guidelines.

(b) It is the intention of the Colville Business Council that this Chapter implement the Planning policies adopted by the Council for the Confederated Tribes and the Colville Indian Reservation, as reflected in the Land-Use Plan and other Planning documents. While the Business Council affirms its commitment that this Chapter and any amendment to it be in conformity with adopted Planning policies, the Council hereby expresses its intent that neither this Chapter nor any amendment to it may be challenged on the basis of any alleged non-conformity with any Planning document.

(c) The Colville Land Use and Development Chapter shall apply to all lands of the Colville Indian Reservation notwithstanding the issuance of any patent. The provisions shall apply to and shall bind all person residing or found within the exterior boundaries of the Reservation, or having title or use or possessory interests to lands of the Reservation.


4-3-4 No Use or Sale of Land or Buildings Except in Conformity with this Chapter Allowed

(a) Subject to the subchapter on non-conformities under this Chapter no person may use, occupy, or sell any land or building or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this Chapter.

(b) For purpose of this section, the "Use" or "Occupancy" of a building or land relates to anything and everything that is done to, on or in that building or land.

(c) Nothing herein shall prohibit the acquisition of land by the Colville Tribes pursuant to the Tribal Land Acquisition Policy.


4-3-5 Fees

(a) Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to applicants for zoning, conditional-use or special-use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of fees charged shall be as set forth by resolution of the Colville Business Council upon recommendation by the Planning Department.

(b) Fees established in accordance with section 4-3-5 shall be paid upon submission of a signed application or notice of appeal.


4-3-6 Computation of Time

(a) Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time is less than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded.

(b) Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three (3) days shall be added to the prescribed period.


4-3-7 Miscellaneous

(a) Words used or defined in one tense or form in this Chapter shall include other tenses and derivative forms.

(b) Words used in the singular in this Chapter include the plural and words used in the plural include the singular.

(c) As used in this Chapter, words importing the masculine gender include the feminine and neuter.

(d) In case of any difference of meaning or implication between the text of this Chapter and any caption, illustration, or table, the text shall control.


4-3-8 Zoning Maps

(a) Zoning Map adopted by reference in section 4-3-8(b) or any amendment thereto shall be prepared by authority of the Colville Business Council. A certified print of the adopted map or subsequent map amendment shall be maintained without change in the Planning Department of the Confederated Tribes as long as this Chapter remains in effect.

(b) The boundary for each zone listed in this Chapter is indicated on the Colville Reservation Zoning Map of 1991 established by the Colville Business Council and is hereby adopted by reference.


4-3-9 Superiority of Chapter

Whenever any laws enacted by any city, municipality, state government or any agencies thereof are found to be in conflict with the provisions of this Chapter, the provisions of this Chapter shall control and supersede all such laws. This Chapter shall supersede the Colville Interim Land Use and Development Ordinance adopted by the Business Council in 1978. Other tribal Codes and Ordinances not specifically repealed in this Chapter shall be construed consistent with the terms and purposes of this Chapter.


4-3-10 Severability

The provisions of this Chapter are severable. Should any section or provision of this Chapter be declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such determination shall not affect the validity of the Chapter as a whole, or any part thereof, other than the specific part declared to be unconstitutional or invalid.


4-3-11 Definitions

Unless otherwise specifically provided or unless clearly required by the context, the following words and phrases as defined in this section shall have the meaning indicated when used in this Chapter:
(a) "Abutting" having a common border with, or being separated from such common border by, an alley or easement.

(b) "Access" a means of vehicular approach or entry to or exit from property.

(c) "Accessory Building or Use" a building or use which:

(1) Is subordinate to and serves a principal building or principal use;

(2) Is subordinate in area, extent, or purpose to the principal building or principal use served;

(3) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and

(4) Is located on the same zoning lot as the principal building or principal use. Examples of accessory uses are private garages, storage sheds, playhouses, and swimming pools.

(d) "Adjacent Property" those parcels of property with a boundary line nearer than 300 feet to the subject property in the residential, rural, industrial and commercial zones, and 1,320 feet in game reserves, forestry and agricultural zones.

(e) "Agricultural Use" activities related to the growing and harvesting of food, feed, other crops, and animals.

(f) "Apartment" a dwelling unit contained in a building comprising more than three (3) dwelling units, each of which has an entrance to a hallway or balcony in common with at least one (1) other dwelling unit.

(g) "Arterial/Collector Streets" roadways which primarily serve local neighborhood residences or businesses with through traffic to other neighborhoods or streets.

(h) "Buffer/Bufferyard" an area established to protect one type of land use from the undesirable characteristics of another. Usually applied between industrial and residential zones with the requirement being that the industrial zone must provide a buffer strip between its boundaries and that of the residential zone. The purpose is to screen any potential objectionable features resulting from the more intensive utilization of land from neighboring, less-intensive use areas.

(i) "Building" any structure used or intended for supporting or sheltering any use or occupancy. Where independent units with separate entrances are divided by party walls, each unit is a building.

(j) "Building line/Setback" a line on the lot, generally parallel to a lot line or right-of-way, located a sufficient distance therefrom to provide the minimum yards required by this Chapter.

(k) "Bureau of Indian Affairs" that division of the United States Department of Interior charged with trust responsibility of the lands and resources of the Colville Confederated Tribes and the Colville Indian Reservation.

(l) "Camper" a self- propelled vehicle designed for temporary human habitation or which provides accessory facilities for overnight camping; also known as a recreational vehicle.

(m) "Campgrounds" sites where tent or trailer camping is allowed but water and power are not provided.

(n) "Comprehensive Land Use Policy Guide" a composite of the Land Use Policy Guide of the Confederated Tribes of the Colville Reservation, all accompanying maps, charts and explanatory material adopted by the Colville Business Council, and all amendments, thereto.

(o) "Conditional-Use Permit" a permit issued by the Land Use Review Board that authorizes the recipient to make use of property in accordance with the requirements of this Chapter as well as any additional requirements imposed by the Review Board.

(p) "Council or Colville Business Council" the governing body of the Colville Indian Reservation and Colville Confederated Tribes; and the governmental body that approves, conditions or disapproves "Special Use" permits under this Chapter.

(q) "Dedication" the transfer of property interest from private to public ownership for a public purpose.

(r) "Density" the per capita ratio of persons or family residential units per fixed measure of property; e.g. four single family residences per acre.

(s) "Developer" any person including but not be limited to the legal or beneficial owner(s) of a lot or parcel of land (including the holder of an option or contract to purchase), who is responsible for any undertaking that requires a zoning permit, conditional-use permit or a sign permit.

(t) "Development" the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which permission may be required pursuant to this Chapter.

(u) "District Boundaries" those divisions of property by which the various zoning classifications (residential, commercial, industrial, etc.) of land uses are defined. District boundaries shall be displayed on the official zoning map.

(v) "Dwelling" any building or portion thereof which is designated or used for residential purposes.

(w) "Dwelling Unit" An enclosure containing sleeping, kitchen and bathroom facilities designed for and or held ready for use as a permanent residence by one family.

(x) "Easement" a right to use some part of the property of another for a particular purpose, such as for a driveway or for installing and maintaining a water line.

(y) "Exterior Storage" outdoor storage of fuel, raw materials, products, and equipment. In the case of lumberyards, exterior storage includes all impervious materials stored outdoors. In the case of truck terminals, exterior storage includes all trucks, truck beds, and truck trailers stored outdoors.

(z) "Family" an individual or two or more persons related by blood, marriage, adoption, or guardianship, or not more than five (5) persons not so related, occupying a dwelling unit and living as a single housekeeping unit.

(AA) "Floodplain" floodplains may be either riverine or inland depressional areas. Riverine floodplains are those areas contiguous with a lake, stream, or stream bed whose elevation is greater than the waterpool elevation but equal to or lower than the 100-year flood elevation. Inland depressional floodplains are floodplains not associated with a stream system but which are low points to which surrounding lands drain.

(Bb) "Floodway" the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this Chapter, the term refers to that area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the Planning Department.

(Cc) "Forest Use" area containing mature woodlands, woodlands, and/or young woodlands. Activities related to the management and primary production of forest, fish and game resources.

(DD) "High of Building" the vertical distance measured from the lowest ground elevation to the highest point on such structure. Does not apply to flagpoles, towers, and other similar non-building structures.

(EE) "Home Occupation" Any occupation of a service charter which is clearly secondary to the main use of premises as a dwelling place and does not change the character thereof of have any exterior evidence of such secondary use. This occupation shall be carried on or conducted only by members of a family residing in the dwelling.

(ff) "Impervious Surfaces" impervious surfaces are those which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces.

(gg) "Indian Health Service" that division of the United States Public Health Service charged with the trust responsibility of protecting the health of members of the Confederated Tribes of the Colville Reservation and other Indians.

(hh) "Industrial Use" the adding of value, by processing raw or bulk materials, the end products of which are offered for use, or marketed for use at sites other than those at which the end products are produced.

(Ii) "Lakes and Ponds" natural or artificial bodies of water which retain water year around. A lake is a body of water of two (2) or more acres. A pond is a body of water less than two (2) acres. Artificial lakes and ponds may be created by dams or may result in excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than from the permanent pool in the event of any difference.

(jj) "Land Use Review Board (Review Board)" the group of persons appointed under this Chapter when performing the functions delegated to it by this Chapter.

(kk) "Lot" a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title and which is occupied by or designated to be developed for one (1) building or principal use, including such open spaces and yards as are designed and arranged or required by this Chapter for such building, use, or development.

(Ll) " Lot Area/Size" the total horizontal area within the boundary lines of a lot excluding public and private streets and shorelands.

(Mm) "Lot of Record" any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances, and regulations.

(nn) "Major Highways" roadways primarily designed to carry through traffic between communities or regions.

(oo) "Marina" a facility which, as a commercial use, provides moorage or wet or dry storage for watercraft and which may offer marine-related sales and services, a dock or basin providing secure moorings for motorboats, sailboats, and yachts, and offering supply, repair, and other facilities.

(PP) "Mobile Home" a transportable, single family dwelling intended for permanent occupancy which is more than thirty-two (32) feet in length and eight (8) feet in width, which by original design is capable of being moved on public streets and highways.

(qq) "Mobile Home Parks" a mobile home park is a tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes.

(rr) "Motel and Hotel" a building or group of buildings used, or intended to be used, for the lodging of more than ten (10) persons for compensation.

(Ss) "Nonconforming Use" any use of land or a structure or premises which was lawfully established or built and which has been lawfully continued, but which does not conform to the regulations of the zone in which it is located as established by this Chapter or amendments thereto.

(tt) "Open Space" land used for outdoor recreation, resource protection, amenity, safety or buffer, including structures incidental to these open spaces uses, but excluding yards required by this Chapter and land occupied by dwellings or impervious surfaces not related to the open space.

(uu) "Owner" the person or persons having the right of legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

(Vv) "Parcel" the area within the boundary lines of a development.

(ww) "Person" the word "person" includes individuals, firms, organizations, corporations, associations and any other similar entity.

(Xx) "Planning Committee" the term "Planning Committee" shall refer to the Planning Committee of the Colville Business Council when it is performing the functions delegated to it by this Chapter.

(yy) "Planning Department" the term "Planning Department" shall refer to the Planning Department of the Colville Confederated Tribes.

(zz) "Plat" a plan or map dividing a tract of land into lots or parcels considered to be units or property.

(AAA) "Public Improvement" any improvements, facility or service together with customary improvements and appurtenances thereto, necessary to provide for public needs such as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

(BBB) "Residential Use" the primary purpose of a building on a lot to provide living accommodations for a person(s).

(ccc) "Recreational Vehicle" a vehicle or unit that is mounted on or drawn by another vehicle primarily designed for temporary living which may be moved on public highways without any special permit for long, wide, or heavy loads. Recreational vehicles include travel trailers, camping trailers, truck campers, and motor homes.

(Ddd) "Recreational Vehicle Park" a tract of land developed as a unit with individual sites to accommodate, on a transient basis, two or more RVs.

(eee) "Right-of-way" the legal right of passage over another person's ground, such as strips of land for roadways, railroads, transmissions lines.

(fff) "Shoreline" the line at which the surface of the body of water of any lake, stream, or river meet the land.

(ggg) "Sign" a collection of letters, numbers, or symbols which call attention to a business, product, activity, person, or service.

(hhh) "Sign Permit" a permit which authorizes the placement or alteration of a sign on a particular parcel of property or building.

(Iii) "Site Development Standards" the standards required on a proposed building site such as, but not limited to, parking, yard area, landscaping, buffer devices, access of public right-of-way, etc.; these standards may vary from site to site.

(jjj) "Special Use Permit" a permit issued by the Land Use Review Board and approved by the Business Council that authorizes the recipient to make use of property in accordance with the requirements of this Chapter as well as any additional requirements imposed by the Business Council.

(KKK) "Structure" anything constructed or erected.

(Lll) "Subdivision" any subdivision or redivision of a sub-division, tract, parcel, or lot of land into two (2) or more parts by means of mapping, platting, conveyance, change or rearrangement of boundaries. All subdivisions are also developments.

(Mmm) "Subdivision Major" any subdivision other than a minor subdivision.

(nnn) "Subdivision Minor" a subdivision that does not include any of the following:

(1) The creation of more than a total of three lots;

(2) The creation of any new public streets; or

(3) The extension of a public water or sewer system.
(ooo) "Trailer" a dwelling designed for temporary human habitation which is thirty-two (32) feet or less in length and eight (8) feet or less in width and which by original design is capable of being moved on public streets and highways.

(ppp) "Tribal Members" persons who are listed in the official enrollment records of the Confederated Tribes of the Colville Reservation.

(qqq) "Use" the purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained.

(rrr) "Variance" an exception from the application of a zoning regulation granted by proper authority to relieve against practical difficulties and unnecessary hardship.

(sss) "Wrecking Yard " a place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, is stored, bought, sold, accumulated, exchanged, disassembled.

(ttt) "Yard" the space between a lot line and a building line. Restrictions stipulate the minimum side or rear yard area, and the percentage of the area of the building lot that may be occupied by the building.

(uuu) "Zone" a portion or portions of the Colville Reservation designated on zoning maps as one of more of the zoning districts listed and described in this Chapter. This Chapter creates structural and use restrictions to be imposed upon the owners of real estate within the prescribed zoning district.

(Vvv) "Zoning Permit" a permit issued by the Planning Department that authorizes the recipient to make use of property in accordance with the requirements of this Chapter.
4-3-12 through 4-3-39


ESTABLISHMENT OF ZONING DISTRICTS

4-3-40 Establishment of Zoning Districts

The Colville Indian Reservation is hereby divided into zoning 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 Chapter. 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 Chapter.


4-3-41 Zoning Districts

All land and water areas of the Colville Indian Reservation are hereby divided into Zoning Districts which shall be designated as follows:

Name of Zone	Abbbreviation
Residential	R
Commercial	C
Rural/Agricultural	RU
Forest	F
Game Preserve	GP
Wilderness	W
Special Requirement	SR
Industrial	I

The requirements set by this subchapter within each District shall be minimum requirements and shall apply uniformly to each class or kind of structure or land except as provided by the procedures set forth in this Chapter. 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.


4-3-42 Interpretation of District Boundaries

The following rules shall be used to determine the precise location of any zone boundary shown on the Official Zoning Map of the Colville Indian Reservation.
(a) Boundaries shown as following or approximately following section lines, half-section lines or quarter-section lines shall be construed as following such lines.

(b) Boundaries shown as following or approximately following shorelines of any lake shall be construed to follow the mean high waterlines of such lake and, in the event of change in the mean high waterline, shall be construed as moving with the actual mean high waterline.

(c) Boundaries shown as following or approximately following the centerline of streams, rivers, or other continuously flowing water courses shall be construed as following the channel centerline of such water courses taken at mean low water and, in the event of a natural change in the location of such streams, rivers, or other water courses, the zone boundary shall be construed as moving with the channel centerline.

(d) Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits.

(e) Boundaries shown as following or approximately following streets shall be construed to follow the centerline of such streets.

(f) Boundary lines which follow or approximately follow plot lot lines or other property lines as shown on the Bureau of Indian Affairs Realty Map shall be construed as following such lines.

(g) Boundary lines which divide a parcel of land, which is less than one (1) acre, under a single ownership at the time of passage of this Chapter, the least restrictive regulations may be extended to that portion lying in the more restrictive use district for a distance not to exceed thirty-five (35) feet beyond the use district boundary.

(h) Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in paragraphs (a) through (g) above shall be construed to be parallel to such features and at such distances therefrom as are shown on the map. In the event there is a question on the actual location of a boundary, Planning Committee shall rule on this matter.
4-3-43 Statement of Purpose, Intent and Permitted Uses

The following sections specify the purpose, intent and permitted uses of the zoning Districts established by this Chapter.


4-3-44 Residential District

The Residential District is intended to provide and protect residential land, properly located for families who desire to live in an environment of single family dwelling who do not want, or have no need for larger lots.
(a) Permitted Uses: The following uses and their accessory uses are permitted upon the issuance of a zoning permit: (1) Single family dwellings and mobile homes;

(2) Two family dwellings;

(3) Multiple family dwellings and apartment house;

(4) Public parks and playgrounds; or Accessory uses customarily incidental to the above uses are permitted only in conjunction with such uses.

(b) Conditional Uses: The following uses may be permitted subject to the requirements of section 4-3-118 to 4-3-122 and upon the issuance of a zoning permit.

(1) Churches;

(2) Home occupations;

(3) Fraternal organizations, lodges, grange halls, and clubs;

(4) Public and private schools; mobile homes and/or travel trailers used as dwellings, not in a permitted mobile home park or trailer court; farming, gardening, orchards and nurseries, provided that no retail or wholesale business office is maintained; or

(5) Where the side of a lot abuts on a Commercial or Industrial District, the following transitional uses are permitted provided they do not extend more than one-hundred (100) feet into the more restricted (residential) district.

(A) Medical or dental offices and clinics;

(B) Other uses of a transitional nature as determined by the Review Board. These transitional uses shall conform to all other requirements of this Chapter which shall apply.
(c) Density Provision:

(1) Lot Size and Percentage of Coverage: The minimum lot size for any structure hereafter erected upon any lot or plot shall have an area of seven thousand five hundred (7,500) square feet. The building including its accessory building shall not cover more than fifty (50) percent of the total lot area.

(2) Minimum Set-Back Requirements:

(A) Front yard - 25 feet

(B) Side yard - 15 feet

(C) Rear yard - 25 feet (5 feet for garage)

(3) Maximum Building Height:

35 feet or 2½ stories

(d) Other Regulations: Off street parking requirements - 2 per unit.
4-3-45 Commercial District

The Commercial District is intended to provide for business establishments serving the needs of trade area residents, especially retail and service businesses. Permitted uses are intended to create a business district free from conflicting uses.
(a) Permitted Uses: The following uses and their accessory uses are permitted upon the issuance of a zoning permit.

(1) Retail and wholesale sales;

(2) Professional offices, e.g., finance, insurance and real estate services;

(3) Business services including any warehousing and storage services;

(4) Eating and drinking establishments;

(5) Churches;

(6) Automobile filling stations and parking;

(7) Motels and hotels; or

(8) Indoor and outdoor recreational uses.
(b) Conditional Uses: (1) Charitable institutions and orphanages;

(2) Fraternal organizations, lodges, grange halls and clubs;

(3) Hospitals, sanitariums, nursing homes and institutions for philanthropic and similar uses, other than correction; or

(4) Light manufacturing clearly incidental to a retail business lawfully conducted on the premises and not prohibited in the Industrial District. (c) Density Provisions: (1) Lot Size and Percentage of Coverage: The minimum lot size for any structure hereafter erected shall upon any lot or plot shall have an area of twenty thousand (20,000) square feet. The building, including its accessory building, shall not cover more than sixty-five (65) percent of the total lot area.

(2) Minimum Setback Requirements:

(A) Front yard - 40 feet;

(B) Side yard -10 feet;

(C) Rear yard - none required.

(3) Maximum Building Height: No building shall exceed a height of forty-five (45) feet or three and one half (3½) stories, whichever is the lesser. (d) Other Regulations:

(A) Off-street parking requirements;(B) One (1) off-street parking space per 200 square feet.
4-3-46 Rural District

The Rural District is intended to preserve those portions of the Reservation which contain prime agricultural soils for agricultural purposes and to also provide low density development in outlying areas or where physical constraints such as soil, availability of water or topography require larger lot sizes. A density of one dwelling per five (5) acres is allowable. The Agricultural District includes orchards, farming, and animal range management of lands and their related activities.
(a) Permitted Uses: The following uses and their accessory uses are permitted upon the issuance of a zoning permit. (1) Agricultural crops;

(2) Horticultural nurseries;

(3) Tree farms;

(4) Fish farms;

(5) Pasture and grazing;
(6) The raising of livestock, poultry and small animals for private and commercial purposes;

(7) Home occupations;

(8) Private and commercial kennels;

(9) Single family dwellings;

(10) Public parks and playgrounds;

(11) Planned residential development;

(12) Truck gardening activities and stands. (b) Conditionally Permitted Uses: The following uses may be permitted subject to the requirements of sections 4-3-118 to 4-3-122 and upon issuance of a zoning permit. (1) Animal hospitals;

(2) Fraternal organizations, lodges, grange halls and clubs;

(3) Charitable institutions and orphanages;

(4) Public or private schools;

(5) Churches;

(6) Airport facilities;

(7) Private or public recreational facilities;

(8) Hospitals, sanitariums, nursing homes and institutions for philanthropic and similar uses, other than correction;

(9) Boat launchings;

(10) Golf courses; or

(11) Professional buildings. (c) Density Provisions:
(1) Lot Size: The minimum lot size shall not be less than five (5) acres.

(2) Minimum Setback Requirements: (A) Front yard - 70 fee

(B) Side yard - 15 feet

(C) Rear yard - 25 feet

(3) Maximum Building Height: Maximum building height shall not exceed forty-five (45) feet.
4-3-47 Forestry District

The Forestry District is designed to provide for the development and use of forest land for the production of forest products as well as to allow forestry management and related activities, including uses by tribal members for culturally related activities such as hunting, fishing, and food gathering.
(a) Permitted Uses: The following uses and their accessory uses are permitted in the Forestry zone upon the issuance of a zoning permit.

(1) The growing and harvesting of forest products and all operations associated with such uses; timber production;

(2) Grazing;

(3) Fish and game management;

(4) The harvesting of wild crops;

(5) Watershed;

6) Greenhouses and nurseries;

(7) Agriculture and husbandry pursuits; or

(8) Single family dwellings associated with forest production. (b) Conditionally Permitted Uses: The following uses may be permitted subject to the requirements of sections 4-3-118 to 4-3-122 and upon issuance of a zoning permit.

(1) Public and private camps or campgrounds;

(2) Sawmills. (c) Density Provision: (1) Lot Size: The minimum building site or lot size for residential uses shall be twenty thousand (20,000) square feet.

(2) Minimum Setback Requirements:

(A) Front yard - 70 feet

(B) Side yard - 15 feet

(C) Rear yard - 25 feet

(3) Maximum Building Height: (A) Building height in no case will exceed forty-five (45) feet.

(d) Other Regulations:

(1) Off-street parking requirements;

(2) One (1) off street parking space per two-hundred (200) square feet.
4-3-48 Game Reserve District

The Game Reserve District is designed to retain land for game management. This district is established to prevent uncontrolled development and protect natural environmental systems. (a) Permitted Uses: The following uses and their accessory uses are permitted in the game reserve zone upon the issuance of a zoning permit. (1) Grazing or livestock;

(2) Harvesting wild crops;

(3) Selective timber production and salvage;

(4) Hiking and bridle trails;

(5) Day camp areas and picnic grounds;

(6) Cutting of teepee poles and fence posts;

(7) Hunting, fishing and trapping by tribal members only;

(8) Wildlife preserves; or

(9) Educational and recreational camps. (b) Conditionally Permitted Uses: The following uses may be permitted subject to the requirements of sections 4-3-118 to 4-3-122 and upon issuance of a zoning permit. (1) Single family dwellings associated with resource protection;

(2) Recreational areas.
(c) Density Provision: (1) Lot Size: The minimum building site or lot size shall be twenty thousand (20,000) square feet.

(2) Minimum set back requirements:

(A) Front 70 feet

(B) Side 15 feet

(C) Rear 25 feet

(3) Maximum Building Height: The maximum height limit for all structures within this zone shall be one and one-half (1 ½) stories or fifteen (15) feet, whichever is less. (d) Other Regulations:
(1) Off street parking requirements;

(2) One (1) off street parking space per two-hundred (200) square feet.
4-3-49 Industrial District

The Industrial District is intended to provide adequate and appropriately located land for the types of manufacturing and other industries which normally have characteristics objectionable to residential, commercial, and even to certain agricultural uses and, therefore, should be placed at locations remote from residential and certain other districts. (a) Permitted uses: The following uses are permitted in the Industrial zone upon issuance of a zoning permit of a zoning permit. (1) Forest and timber production;

(2) Agricultural supplies, machinery and equipment sales;

(3) Automobiles, mobile homes, boat, motor sales, and travel trailer sales and service agencies;

(4) Automobile service stations;

(5) Storage, grading, freight, and truck yard or terminals;

(6) Farming, gardening, orchards, vineyards and grazing;

(7) Feed, seed and garden supplies;

(8) Fuel distributor;

(9) Glass sales and installations;

(10) Nursery or greenhouses;

(11) Professional, executive and administrative offices;

(12) Veterinary clinic and/or kennels;

(13) Airports;

(14) Wholesale business, storage buildings and warehousing;

(15) The manufacturing, processing, compounding, packaging or treatment of such products as drugs, bakery goods, food, candy, beverage products, dairy products, cosmetics and toiletries;

(16) The manufacture, assembly, compounding or treatment of articles or merchandise from the following materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, metal, paper, plastics, precious and semi-precious minerals, shell, textiles, tobacco, wood, yarns and paint; or

(17) Uses customarily incidental to any of the above listed, including dwellings or shelters for the occupancy of guards, watchmen, or caretakers, or dwelling for the occupancy of the operators and employees necessary to the operation.

(b) Conditionally Permitted Uses: Because of the consideration of odor, dust, smoke, noise, fumes, vibration or hazard, the following uses shall not be permitted in the Industrial District unless a special-use permit authorizing such use has been granted by the Land Use and Development Review Board and approved by the Business Council; subject to the requirements of section 4-3-118 to 4-3-122 and the subchapter on special property uses under this Chapter.

(1) Acid manufacturer;

(2) Asphalt manufacture, mixing or refining;

(3) Blast furnaces or coke ovens;

(4) Cement, lime, gypsum, or plaster of paris manufacture;

(5) Drop forge industries;

(6) Explosives, storage or manufacture;

(7) Reduction or disposal of garbage, offal or similar refuse;

(8) Oil refining;(9) Rock crushers;

(10) Rubbish or refuse dumps;

(11) Rubber reclaiming;

(12) Smelting, reduction or refining of metallic ores or any other type of natural resources;

(13) Tanneries;

(14) Wineries;

(15) Manufacturing of industrial or household adhesive, glues, sizes, or cements, or component parts thereof, from vegetable, animal or synthetic plastic materials.

(c) Density Provisions:

(1) Lot size: There are no lot size or lot coverage requirements in this zone.

(2) Set back requirements: (A) Front, side and rear: None required except as may be required by a special-use permit, conditional-use permit, or unless this property abuts a parcel of land located in a more restricted district. If an established building line exists a setback shall be the same as the established building line as determined by the Colville Business Council or designee.

(B) If any use in this district abuts or faces any residential district, a minimum setback of fifty (50) feet on the side abutting or facing the residential district shall be provided. This area shall be landscaped with lawn, trees, shrubs, hedges, etc., or other conditions necessary to buffer and to protect the character of the residential district. Such landscape plan must have the approval of the Land Use Review Board.

(3) Maximum Building Height: The maximum height limit for all structures within this zone shall be three and one-half (3 1/2) stories or forty-five (45) feet, whichever is less.
(d) Other Regulations:

(1) Off-street parking and loading requirements:

(A) Parking: One (1) off street parking space per employee.

(B) Loading: Loading space shall be provided at the following rates:

Aggregate Gross Floor Area in Square Feet	Minimum No. Loading Space
0 - 16,001	1
16,000 - 40,002	2
For Each 35,000	1 additional

Such spaces shall be inside of rear yards unless the developer provides evidence, satisfactory to the Review Board, of the need for other locations. A loading space shall not be less than forty (40) feet long, twelve (12) feet wide and fourteen (14) feet six inches high. Loading space will be required in case of under ten thousand (10,000) square feet uses not involving routine truck delivery.

(2) Right-of-way preservation: There shall be a minimum building set-back for all buildings or other structures from the centerline of right-of-way as follows:

(A) Right-of-Way, Public Major or Secondary arterial Collector or access roads	Setback 40 feet 30 feet
(B) Right-of-Way, Private Any road, land, street or other access way in private ownership Any waterway, lake, stream, or spring	Setback 30 feet 100 feet

4-3-50 Wilderness District

The purpose and function of this district is to assure that an increasing reservation population does not occupy or modify all areas within the exterior boundaries of the Colville Indian Reservation. This district is protected and managed so as to preserve its natural conditions.
(a) Permitted Uses: The following uses are permitted in the wilderness zone upon issuance of a zoning permit.

(1) Hiking and horseback riding;

(2) Hunting and fishing in accordance with Colville Tribal Fish and Wildlife regulations;

(3) Camping;

(4) Educational field trips;

(5) Historical and cultural field trips. (b) Conditionally Permitted Uses: The following uses may be permitted subject to the requirements of sections 4-3-118 to 4-3-122 and upon issuance of a zoning permit.

(1) Scientific Research;

(2) Conservation Management;

(3) Selective timber harvesting where necessary to control attacks of insects or disease;

(4) Similar recreational, educational and historical uses as determined by the Business Council or Land Use Review Board. (c) Prohibited Uses: The Wilderness District shall be protected against man-made developments such as commercial enterprise, structures or installations and roads. There shall be no temporary roads, no use of motor vehicles or motorized equipment, no other form of mechanical transport, and no structure or installation except as necessary to meet minimum requirements for the administration of the areas.

The Wilderness District shall be protected against mining, timber harvest and grazing. Resource surveys may be permitted if such activity is carried on in a manner compatible with the preservation of the wilderness environment. There shall be no cutting or otherwise damaging of any timber, tree or other forest products; removing, loading, or hauling of any timber, except as provided in section 4-3-50 (b)(3). There shall be no placing or allowing livestock to enter or be in the Wilderness District.

4-3-51 Special Requirement District

The purpose and function of the Special Requirement District (SRD) is to freeze all existing uses and require a conditional-use permit for any and all uses, including any modifications, addition change or expansion of an existing use pending detailed study by the Colville Tribes to determine appropriate use designation.

The areas designated as the SRD have experienced the greatest build up and are expected to have the largest amount of future growth. The SRD also exhibits the widest range of disparate, inconsistent existing uses. Before any decision as to appropriate use designations can be made further study and planning must be done.

Until such intensive planning can be accomplished, any use shall be considered a conditional use subject to the requirements of sections 4-3-118 to 4-3-122.


4-3-52 through 4-3-79 [Reserved]


ADMINISTRATIVE MECHANISMS

4-3-80 The Land Use Review Board

(a) Establishment of the Review Board: (1) There is hereby created the Land Use Review Board which shall consist of seven voting member, all of whom shall be appointed, by the Colville Business Council. The members shall be selected without respect to political or tribal affiliation except as otherwise set forth herein and shall serve without compensation except for approved expenses. Provided, the Business Council shall appoint two non-Indian residents of the reservation (one each from Ferry and Okanogan County) in consultation with the commissioners of their respective county of residence.

(2) All Review Board members must be residents of the Colville Indian Reservation for more than four (4) years. The Review Board shall consist of at least one resident from each of the reservation districts.

(3) Of the regular voting members, initially, two shall be appointed for a term of three years, two shall be appointed for two years, and three shall be appointed for one year. Thereafter, members shall serve a period of three years. Vacancies shall be filled by appointments for the remainder of unexpired terms only.

(4) The Review Board shall exercise all powers, duties and responsibilities delegated to it by this Chapter.
(b) Meetings:
(1) The Review Board shall establish a regular meeting schedule, and shall meet frequently enough so that it can take expeditious action and accommodate the business before it. Special meetings may be called by the chairperson, or requested by a majority of the members of the board.

(2) The Review Board should conduct its meetings in accordance with the quasi-judicial procedures set forth in the subchapters on permits and final plat approval; appeals, variances, interpretations; and Hearing Procedures for Appeals and Applications under this Chapter.

(3) All meetings of the Review Board shall be open to the public, and whenever feasible, the agenda for each board meeting shall be made available in advance of the meeting. Provided, the chairperson, in his sole discretion may call a meeting into executive session when he determines it is in the interest of the Colville Confederated Tribes to do so. (c) Quorum:
(1) A simple majority of the members of the Review Board, including the chairman, shall constitute a quorum. A quorum is necessary for the board to take official action.

(2) If a board member excludes himself from participating in any decision, his presence shall count for purposes of determining whether a quorum is present.
(d) Voting:
(1) The concurring vote of 2/3 of the regular board membership shall be necessary to reverse any order, requirement, decision, or determination of the Planning Director or Administrator. All other actions of the board shall be taken by majority vote, a quorum being present.

(2) Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with section 4-3-80(d)(3) or has been allowed to withdraw from the meeting in accordance with section 4-3-80(d)(4).

(3) A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances: (A) If the member has a direct financial interest in the outcome of the > matter or issue; or

(B) If the matter at issue involves the members own official conduct; or> If participation in the matter might violate the letter or spirit of the member's code of professional responsibility, or

(C) If a member has such close personal ties to the applicant that the member member cannot reasonably be expected to exercise sound judgment in the public interest. (4) A member may be allowed to withdraw from the entire remainder of the meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

(5) A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

(6) A roll call vote shall be taken upon the request of any member.
(e) Review Board Officers: (1) The Board shall elect its own Chairperson who shall preside over the committee meetings pursuant to this Chapter and create and elect such other officers as it may deem necessary.

(2) The Chairperson, or any member temporarily acting as Chairperson, may administer oaths to witnesses coming before the Board.

(3) The Chairperson and any other officer elected may take part in all deliberations and vote on all issues.
(f) Powers and Duties of the Review Board:
(1) The Review Board shall herein decide:

(A) Appeals from any order, decision, requirement, or interpretation made by the Planning Director or Administrator, as provided in section 4-3-170. Applications for special-use permits, as provided in section 4-3-118 and the subchapter on Special Property Uses under this Chapter.

(B) Applications for variances, as provided in section 4-3-171. Applications for conditional uses referred by the Planning Director pursuant to section 4-3-118(b)(4). Questions involving interpretations of the zoning map, including disputed boundary lines and lot lines, as provided in section 4-3-41. Any other matter the Board is required to act upon by any other tribal ordinance.

(2) The Review Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Chapter and tribal law.

(3) The Review Board, in its sole discretion, may appoint a hearing officer to conduct the hearing(s) provided in section 4-3-118 on any conditional-use or special-use permits application then pending before the board. The hearing officer shall conduct the hearing in accordance with the provisions of this Chapter and submit specific findings of fact, conclusions and a proposed decision to the board.

(4) The Review Board in consultation with the Planning Director may recommend a fee schedule to be adopted by Colville Business Council as provided in section 4-3-5.

(Amended 5/8/96, Resolution 1996-155)

4-3-81 Planning Director and Land Use Administrator

(a) Primary Responsibility for Administration and Enforcement: Except as otherwise specifically provided, primary responsibility for administering and enforcing this Chapter is with the Planning Director. The Planning Director may delegate this responsibility to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this subchapter as the "Land Use Administrator" or Administrator. The term "Staff" or "Planning Staff" is sometimes used interchangeably with the term "Administrator".

(b) Power Of Planning Director: The Planning Director is the administrative head of the Planning Department. As provided in sections 4-3-134 and 4-3-135 the Planning Director is authorized to approve major and minor subdivision final plats. As provided in section 4-3-118(b), the Planning Director is authorized to approve conditional use permits or upon a finding that the proposed development has the potential to significantly adversely affect the environment or cultural resources, to refer the conditional use permit application to the Land Use Review Board. As the person primarily responsible for administering and enforcing this Chapter, he determines the completeness of applications and the adequacy of submissions based on the requirements of this Chapter. He makes requests for information and determines the applicability of environmental regulations and other tribal laws to a particular development.


(c) Responsibility of Land Use Administrator: The Land Use Administrator shall have the following duties and responsibilities:
(1) Receive and review all application for zoning permits required herein;

(2) Process zoning permits and conditional-use permit applications for all permitted uses;

(3) Receive applications for special use, variance or amendment and forward same to the Land Use Review Board;

(4) Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record. Further, if by amendment to this Chapter any zone boundary or any other matter shown on the Official Zoning Map is changed by action of the Colville Business, such change shall be promptly indicated on said map by the Administrator, together with the date of passage of the amendment and sufficient written description to give a precise understanding of the change. An up-to-date copy of the Official Zoning Map shall be available for public inspection in the Planning Department during its regular business hours.


4-3-82 Colville Business Council

(a) Powers and Duties of Colville Business Council: The Colville Business Council shall decide under this Chapter:
(1) Zoning map adoption or revision;

(2) Adoption and amendment of this Chapter and any regulations adopted pursuant to it;

(3) Rezone applications;

(4) Special-use permit approval.

(b) Quasi-Judicial Actions: In considering rezone permit applications, the Business Council acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in the subchapters on permits and final plat approval; appeals, variances, interpretations; and Hearing Procedures for Appeals and Applications under this Chapter.

(c) Legislative Actions: In considering proposed changes in the text of this Chapter, or in the zoning map, the Colville Business Council acts in its legislative capacity and shall proceed only after holding a public hearing after which it can deliberate on the facts and policy considerations involved in the proposed amendment.

(d) General Council Rules Applicable: Unless otherwise specifically provided in this Chapter, in acting upon rezone requests or in considering amendments to this Chapter or the zoning map, the Colville Business Council shall follow the regular, voting, and other requirements as set forth in other provisions of the Colville Tribal Code, the Colville Tribal Constitution, or general law.


4-3-83 through 4-3-109 [Reserved]


PERMITS AND FINAL PLAT APPROVAL

4-3-110 Permits Required

(a) The use made of any property may not be substantially changed; substantial clearing, grading, or excavation may not be commenced; and, buildings and other substantial structures may not be constructed, erected, moved or substantially altered except in accordance with and pursuant to one of the following permits:

(1) A zoning permit issued by the Administrator;

(2) A conditional-use permit issued by the Review Board;

(3) A special-use permit issued by the Review Board upon approval of the Colville Business Council.

(b) Zoning permits, conditional-use permits and special-use permits are issued under this subchapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this Chapter if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as provided in section 4-3-127 all development shall occur strictly in accordance with such approved plans and applications.

(c) Physical improvements to lands to be subdivided may not be commenced except in accordance with a conditional-use permit issued by the board for major subdivisions or after final plat approval by the Planning Director for minor subdivisions (see section 4-3-135).

(d) A zoning permit, conditional-use permit, or special-use permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.


4-3-111 No Occupancy, Use, or Sale of Lots until Requirements Fulfilled

Issuance of a conditional use, or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit under Chapter 4-10) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in sections 4-3-117, 4-3-124, and 4-3-125, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this Chapter and all additional requirements imposed pursuant to the issuance of a conditional-use or special-use permit have been complied with.


4-3-112 Who May Submit Permit Application

(a) Applications for zoning, conditional-use, or special-use permits, or minor subdivision plat approval will be accepted only from persons who have the legal authority to take action in accordance with the permit or the minor subdivision plat approval. By way of illustration, in general, this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this subchapter, or the agents of such persons (who may make application in the name of such owners, lessees, or contract venders).

(b) The Administrator may require an applicant to submit evidence of his authority to submit the applications in accordance with subsection (a) whenever there appears to be a reasonable basis for questioning this authority.


4-3-113 Applications to be Complete

(a) All applications for zoning, conditional-use, or special-use permits must be complete before the permit-issuing authority is required to consider the application.

(b) Subject to subsection (c), an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Chapter.

(c) A presumption established by this subchapter is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of a particular case. The Administrator shall determine whether more or less information than set forth in Appendix A should be submitted.

(d) The Administrator shall develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and types of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Administrator to determine compliance with this Chapter, such as applications for zoning permits to construct single family or two-family houses, the Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.


4-3-114 Staff Consultation before Formal Application

(a) To minimize development planning costs, avoid misunderstanding or misinterpretation and ensure compliance with the requirements of this Chapter, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this section.

(b) Before submitting application for a conditional-use permit authorizing a development that consists of, or contains a major subdivision, the developer shall submit to the Administrator a sketched plan of such subdivision, drawn approximately to scale, (1" equals 100'). The sketch plan shall contain:

(1) The name and address of the developer,

(2) The proposed name and location of the subdivision,

(3) The approximate total of acreage of the proposed subdivision,

(4) The tentative street and lot arrangement,

(5) Topographical lines and,

(6) Any other information that the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed subdivision’s compliance with this Chapter.

The Administrator shall meet with the developer as soon as conveniently possible to review the sketched plan.

(c) Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this Chapter to the proposed development.


4-3-115 Staff Consultation after Application Submitted

(a) Upon receipt of a formal application for a zoning, special-use, or a conditional-use permit, or minor plat approval, the Administrator shall review the application and confer with the applicant to insure that he understands the planning staff's interpretation of the applicable requirements of this subchapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.

(b) If the application is for a special-use or conditional-use permit, the Administrator shall place the application on the agenda of the Land Use Review Board when the applicant indicates that the application is as comple