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to Table of Contents Colville
Tribal Law and Order Code
2001
edition with 2002, 2003 and 2004 supplements
TITLE
4 - NATURAL RESOURCES AND ENVIRONMENT, CH. 2-4
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 VesselExceptions
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 RequiredExceptions
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 RegistrationAgentsDeposit 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 ApplicationRegistration Fee and Excise TaxRegistration
Number and DecalRegistration PeriodsRenewalsTransfer
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 DealersFees
(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 CertificateOath 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 CertificatesReplacement DecalsSurrender
(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 CasualtyImmunity
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 RegistrationViolation 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 ProhibitedPenalty
(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 PenaltiesDeposition of Moneys CollectedEnforcement
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 SystemLegislative IntentAuthority
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 2˝ 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 (3˝) 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 ˝) 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
|
|
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).
(Amended
5/2/96, Resolution of 1996-155)
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.
(Amended
5/8/96, Resolution of 1996-155)
(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 |