Prairie Band Potawatomi Nation

Title 19. Zoning and Subdivision Regulations

Chapter 19-1

GENERAL NOTES

These regulations, including the zoning district maps incorporated by reference, shall be known, and may be cited and referenced to as the “Zoning Regulations of the Prairie Band of Potawatomi Nation”, and shall be hereinafter referred to as “these regulations”.

Chapter 19-1 (Refs & Annos)
Section 19-1-1. Purpose and Intent

These regulations, adopted pursuant to the sovereign powers of the Prairie Band of Potawatomi Nation, are intended to serve the following purposes:

(A) To promote the health, safety, comfort, welfare, and economic development of the residents of the Nation's reservation;

(B) To provide for adequate light, air, and acceptable noise levels;

(D) To prevent the overcrowding of land and undue concentration of population;

(E) To facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public facilities;

(F) To protect property values and conserve energy resources;

(G) To divide the jurisdictional area into zones and districts;

(H) To regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes;

(I) To regulate and restrict the height, number of stories, and size of buildings; the percentage of the lot that may be occupied by buildings and other structures; and the size of yards and other open spaces;

(J) To prevent loss of life and destruction of property due to periodic flooding;

(K) To preserve features of historical and cultural significance to the Nation, the conservation of natural resources, and wildlife habitat protection; and

(L) To implement the goals, objectives, and strategies of the General Plan for the Prairie Band Potawatomi Nation.

Chapter 19-1 (Refs & Annos)
Section 19-1-2. Authority

The Tribal Council (Governing Body) is authorized to develop and adopt a Plan for land use control and Tribal program development under its inherent power as a sovereign body. This power emanates from the Tribe's Constitution and Bylaws. The constitution details the Tribe's right of self-government, as affirmed by the Indian Reorganization Act of 1934. Article V of the Tribe's Constitution and Bylaws enumerates the powers of the Tribal Council.

Chapter 19-1 (Refs & Annos)
Section 19-1-3. Jurisdiction

These regulations shall apply to all reservation land of the Nation and structures within its boundaries. The term “Reservation” shall be as defined in this Code in Section 1-1-4(N).

Chapter 19-1 (Refs & Annos)
Section 19-1-4. Notice to Other Governments

Written notice of any amendments to the text of these regulations or to the Zoning District Map may be given to the Governing Body of any county and of any incorporated city within three (3) miles of the reservation and may be given to others as may be appropriate.

Chapter 19-1 (Refs & Annos)
Section 19-1-5. Rules of Interpretation

In interpreting the provisions of these Regulations, the following shall govern:

(A) Minimum Requirements. In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare of the citizens of the reservation.

(B) Overlapping or Contradictory Regulations. Where the conditions imposed by the provisions of these Regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule, or regulation of any kind, these regulations which are more restrictive and impose higher standards or requirements shall govern.

(C) Private Agreements. The provision of these Regulations are not intended to abrogate any easement, covenant, or other private agreement provided that where the requirements of these Regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement, the requirements of these Regulations shall govern.

(D) Unlawful Uses. No structure or use which was not lawfully existing at the time of the adoption of these Regulations shall become or be made lawful solely by reason of the adoption of these Regulations; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these Regulations, said structure or use remains unlawful.

(E) District Boundary Lines. Interpretation of zoning district boundary line locations shall be governed by the following:

(1) Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall construed as the said boundaries.

(2) Where district boundary lines are indicated as approximately following streets and alleys, highways, or railroads, such boundaries shall be construed as following the centerlines thereof.

(3) Where a boundary of a district appears to follow a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Governing Body, unless otherwise indicated.

(4) Where a district boundary line divides a lot or unsubdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the Zoning Map.

Chapter 19-1 (Refs & Annos)
Section 19-1-6. Rules of Construction

In the construction of these Regulations, the provisions of this Section shall apply:

(A) Words or numbers used singularly or plurally shall include both singular and plural interpretation.

(B) The word “may” is permissive; the word “shall” is mandatory.

(D) The phrase “used for” shall include the phrases “arranged for”, “designed for” “intended for”, “maintained for” and “occupied for”.

(E) The word “person” includes individuals, firms, corporations, associations, governmental bodies, and other legal entities.

(F) The words “use”, “used”, “occupy” or “occupied” as applied to any land or building shall be construed to include the words “intended”, “arranged”, or “designed” to be used or occupied.

(G) Unless otherwise specified, all distances shall be measured horizontally.

Chapter 19-1 (Refs & Annos)
Section 19-1-7. Existing Uses

Any existing structure, use or occupation of land previously approved as of the effective date of this ordinance shall be permitted to continue as a lawful use or occupation. The approved site plan and all terms, covenants and conditions applicable as of the effective date of this ordinance shall continue to apply and control the use and occupation of land. However, any proposed change or modification in the use or occupation of such land, or in the approved site development plan for such land, shall be made in accordance with the standards and procedures of this ordinance.

Chapter 19-2. Zoning District Regulations

GENERAL NOTES

For the purpose of regulating and classifying the location and use of land for dwellings, business, industry, and other uses; the height and bulk of buildings; and the density of development within its jurisdiction, the reservation of the Prairie Band of Potawatomi Nation is hereby divided into the following districts:

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-1. District Boundaries

The boundaries of the zoning districts are indicated on the official Zoning District Map of the Prairie Band of Potawatomi Nation. The Zoning District Maps, with all notations, references, and other information shown thereon, are hereby made a part of this ordinance as if the same were set forth in full herein.

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-2. Rules for Interpretation of District Boundaries

Where uncertainty exists with respect to the boundaries of any district on the zoning map, the following rules shall apply:

(A) Boundaries indicated as approximately following platted lot lines or section, half-section, or quarter-section lines shall be construed as following such lot lines;

(B) Boundaries indicated as approximately following streets and alleys, highways, or railroads, such boundaries shall be construed as following the center lines thereof. Where public right-of-ways have been vacated, boundaries shall be construed to follow either the original center line or new property line.

(C) Boundaries indicated as following a river, stream, lake, or other body of water, such boundaries shall be construed to be at the center lines thereof, unless otherwise indicated. In the event of a change in the body of water, the boundaries shall be construed as moving with the actual shore line.

(D) If boundaries divide a lot or unsubdivided property and the dimensions are not shown on the zoning map, the location of such boundaries shall be determined by using the scale appearing on such map.

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-3. Zoning of Rights-of-Way

All streets, alleys, public ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed in the same zone as the property immediately abutting them. Where the center line of a street, alley, public way, waterway, and railroad rights-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be the same as that of the abutting property up to such center line.

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-4. Application of Regulations

In their interpretation and application, the provisions of these Regulations shall be held to be minimum requirements. Where these Regulations impose a greater restrictions upon the use of land or buildings, or upon the height or bulk of buildings, or require larger building site areas, yards, or open spaces than are imposed or required by any other law, resolution, easement, covenant, or agreement, then the provisions of these Regulations shall control.

(A) Permitted Uses. No building, structure, or land shall hereafter be used or occupied, and no part of any building or structure or land thereof shall hereafter be built, 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.

(B) Special Uses. No use of a structure or land that is designated as a special use in any zoning district shall hereafter be established, and no existing special use shall hereafter be changed to another special use in such district, unless a special use permit is secured in accordance with these Regulations.

(C) Bulk Regulations. No building or other structure shall hereafter be erected or altered to exceed height or bulk requirements of the Regulations. Where the maximum structure height is given in both stories and feet, the lesser of the two requirements shall govern.

(D) Structural Alterations. If any structure is hereafter structurally altered as defined in Chapter 19-11:

(1) The entire structure as remodeled shall comply with the use regulations of these Regulations.

(2) Any alterations of, enlargements of, or additions to the structure shall comply with the bulk regulations of these Regulations, except as permitted by Section 19-5.

(3) The off-street parking facilities shall not be reduced below or if already less than, shall not be further reduced below the requirements applicable to a similar new structure or use.

(E) Yard Regulations. No part of a yard or other open space required about or in connection with any building for the purpose of complying with the provisions of these Regulations shall be included as a part of a yard or other open space similarly required for any other building. Such yard shall be maintained for open space. No parking shall be allowed in the front yard of any lot located in a residential district. Accessory structures shall be located only in rear yards.

(F) Lot Regulations. Unless otherwise provided for in these Regulations, no structure or part thereof shall hereafter be built or moved or remodeled, and no structure or land shall hereafter be used, occupied, or arranged or designed for use or occupancy of a lot which is:

(1) Smaller in area than the minimum area, or minimum lot area per dwelling unit required;

(2) Narrower than the minimum lot width required; or

(3) Shallower than the minimum lot depth required.

(4) Where a lot or tract is used for other than a single-family dwelling, two-family dwelling, or manufactured home outside of a manufactured home park, more than one principal use and structure may be located upon the lot or tract, but only when the building or buildings conform to all requirements for the district in which the lot or tract is located.

(G) Use Limitations. No permitted or special use hereafter established, altered, modified, or enlarged shall be operated or designed so as to conflict with the use limitations for the zoning district in which such use is, or will be, located. No permitted or special use already established on the effective date of these Regulations shall be altered, modified, or enlarged so as to conflict, or further conflict with, the use limitations for the zoning district in which such use is located.

(H) Accessory Structures or Uses. No accessory structures or uses as defined in these Regulations shall hereafter be built, moved or remodeled, established, altered, or enlarged unless such accessory structures or use is permitted by these Regulations. Accessory structures shall be located only in rear yards.

(I) Temporary Structures or Uses. No temporary structure or use shall hereafter be built, established, moved, remodeled, altered, or enlarged unless the temporary structure or use is permitted by these Regulations.

(J) Home Occupations. No home occupation, as defined herein, shall hereafter be established, altered, or enlarged in any residential district unless it complies with the conditions, restrictions, and permitted uses as provided for in these Regulations.

(K) Signs. No sign shall hereafter be built and no existing sign shall be moved or remodeled unless it complies, or will thereafter comply, with the restrictions imposed by Section 19-4-1.

(L) Off-Street Parking and Loading. No structure shall hereafter be built or moved, and no structure or land shall hereafter be used, occupied, or designed for use or occupancy unless the minimum regulations shall be provided. No structure or use already established on the effective date of these Regulations shall be enlarge unless the minimum off-street parking and loading spaces which would be required by these Regulations are provided for the whole structure or use as enlarged.

(M) Determination of Building Setback Line. The building setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure. If a recorded subdivision plat imposes a building or setback line for a lot which is less than the minimum setback or front yard required by the applicable section of these Regulations, then notwithstanding any other provision of these Regulations, the minimum setback or minimum front yard change shall be the setback required in these Regulations.

(N) Exemptions. The following structures and uses shall be exempt from the provisions of these Regulations:

(1) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephones or other communications, electricity, gas, or water or the collection of sewage or surface water which is operated or maintained by a public or quasi-public agency, but not including substations located on or above the surface of the ground.

(2) Railroad track, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.

(3) Agricultural structures or land used for agriculture, except in defined floodplain areas. In the event that any exempt structure or land ceases to be used for agriculture, then such structure or land shall be subject to the applicable regulations of these Regulations.

Chapter 19-3. Zoning Districts
Section 19-3-1. H-P Habitat Protection District

(A) Purpose. This district is intended to provide areas of protection for the fishing and hunting resources on the reservation. The principal land use is wildlife habitats with uses incidental or accessory thereto. The district also permits certain agricultural uses that do not conflict with the main purpose of wildlife protection.

(B) Permitted Uses. No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed below:

(1) Watersheds, wildlife habitats, wildlife production areas, and game management areas or other conservation uses.

(2) Agricultural uses including farming, animal husbandry, poultry, fur-bearing animals, and other livestock, truck gardening, orchards, bee keeping, and the sale of food products grown within the agricultural district.

(3) Accessory uses for agricultural and single-family dwelling units.

(4) Parks and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or non-profit organization.

(5) Utility lines and facilities necessary for public service, excluding sanitary landfills, public and semi-public storage and repair facilities, water supply and treatment facilities, dams, and power plants.

(6) Fire, police, and park service stations.

(7) Indian cultural education center and the accessory uses associated with it.

(8) Existing single-family structures may be rebuilt if damaged due to natural or human causes.

(C) Special Uses. The following uses may be allowed by special use permit when submitted, reviewed, and approved by the Board of Zoning Appeals and subject to such conditions as the Board may impose, as per procedures in Chapter 19-8.

(1) Riding stables, not closer than five hundred (500) feet to any residential zone.

(D) Property Development Standards.

(1) Lot Area.

Each lot shall have a minimum lot area of 40 acres.

(2) Lot Width.

All lots must have a minimum width of 660 feet.

(3) Building Height.

No building shall exceed thirty-five (35) feet in height except as otherwise provided in these regulations.

(4) Yard.

(a) Front yard.

(i) There shall be a front yard having a depth of not less than fifty (50) feet.

(ii) Where lots have a double frontage on two streets or roads, the required front yard shall be provided on both streets or roads.

(iii) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street or road side of said lot.

(b) Side yard.

(i) There shall be a side yard of not less than fifty (50) feet on each side of a building, except on corner lots.

(i) There shall be a rear yard having a depth of not less than fifty (50) feet.

(5) Parking.

Off-street parking shall be in accordance with Section 19-4-2.

(6) Lighting.

Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

Chapter 19-3. Zoning Districts
Section 19-3-2. A-P (40) Agriculture Protection District (40 acres)

(A) Purpose. This district is intended for the purpose of protecting agricultural land by providing locations for agriculturally oriented activities.

(B) Permitted Uses. No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed below:

(1) Agricultural uses including farming, animal husbandry, poultry, and other livestock, truck gardening, orchards, bee keeping, and the sale of food products grown within the agricultural district.

(2) Single-family dwelling units, including residential designed manufactured housing on forty (40) or more acres. Basements and cellars may not be occupied for residential purposes until the building is completed.

(3) Accessory uses for agricultural and single-family dwelling units.

(4) Churches and similar places of worship.

(5) Greenhouses and nurseries which sell plants grown on the property.

(6) Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or non-profit organization.

(7) Temporary structures incidental to construction work, but not for residential occupancy and only for the period of such work.

(8) Utility lines and facilities necessary for public service, excluding sanitary landfills, public and semi-public storage and repair facilities, water supply and treatment facilities, dams, and power plants.

(9) Watersheds, wildlife habitats, wildlife production areas, and game management areas or other conservation uses.

(10) Home occupations provided that such occupations take place within the principal dwelling. One sign shall be permitted, no greater than sixteen (16) square feet. Business shall be run by no more than one (1) employee and one (1) assistant.

(11) Fire and police stations.

(1) Group homes on forty (40) or more acres.

(2) Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

(3) Private, non-commercial recreation areas, including country clubs, swimming pools, and golf courses, but not including commercial miniature golf, golf driving ranges, motorized cart tracks, or similar recreational businesses.

(4) Oil and gas exploration, drilling, and production providing that upon abandonment of these operations, the land shall be returned as nearly as possible to its original condition.

(5) Airport or heliport.

(6) Cemetery, crematory, or mausoleums.

(7) Any public building erected or lands used by the Potawatomi Nation which is not permitted above.

(8) Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land forty (40) acres or larger.

(9) Child care center.

(10) Radio, television, navigation or military control, transmitter, or tower.

(11) Animal hospital or kennel, provided that no animal hospital shall be located closer than three hundred (300) feet from any residential zone, and that no kennel may be located closer than one thousand (1,000) feet from any residential zone.

(12) Fur-bearing animal farms.

(13) Reservoirs, wells, towers, filter beds, or water supply plants.

(14) Riding stables, not closer than five hundred (500) feet to any residential zone.

(15) Hunting clubs, not closer than five hundred (500) feet to any residential zone.

(16) Sanitary landfill operations.

(17) Sewage disposal facilities.

(18) Electrical substations.

(19) Single-wide mobile homes.

(D) Property Development Standards.

(1) Lot Area.

Each lot shall have a minimum lot area of 40 acres.

(2) Lot Width.

All lots must have a minimum width of 660 feet.

(3) Building Height.

No building shall exceed thirty-five (35) feet in height except as otherwise provided in these regulations.

(4) Yard.

(a) Front yard.

(i) There shall be a front yard having a depth of not less than fifty (50) feet.

(ii) Where lots have a double frontage on two streets or roads, the required front yard shall be provided on both streets or roads.

(iii) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street or road side of said lot.

(b) Side yard.

(i) There shall be a side yard of not less than fifty (50) feet on each side of a building, except on corner lots.

(i) There shall be a rear yard having a depth of not less than fifty (50) feet.

(5) Parking.

Off-street parking shall be in accordance with Section 19-4-2.

(6) Lighting.

Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

Chapter 19-3. Zoning Districts
Section 19-3-3. A-P (20) Agriculture Protection District (20 acres)

(A) Purpose. This district is intended for the purpose of protecting agricultural land by providing locations for agriculturally oriented activities.

(B) Permitted and Special Uses. No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed below:

(1) Same permitted and special uses as allowed in A-P(40) District.

(1) Lot Area.

Each lot shall have a minimum lot area of 20 acres.

(2) Lot Width.

All lots must have a minimum width of 660 feet.

(3) Building Height.

No building shall exceed thirty-five (35) feet in height except as otherwise provided in these regulations.

(4) Yard.

(a) Front yard.

(i) There shall be a front yard having a depth of not less than fifty (50) feet.

(ii) Where lots have a double frontage on two streets or roads, the required front yard shall be provided on both streets or roads.

(iii) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street or road side of said lot.

(b) Side yard.

(i) There shall be a side yard of not less than fifty (50) feet on each side of a building, except on corner lots.

(i) There shall be a rear yard having a depth of not less than fifty (50) feet.

(5) Parking.

Off-street parking shall be in accordance with Section 19-4-2.

(6) Lighting.

Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

Chapter 19-3. Zoning Districts
Section 19-3-4. R-5 Five Acre Rural Residential District

(A) Purpose. This district is established to provide for single-family rural residential development at a low density and certain public facilities required in such areas. The intent of the district regulations is to protect the health, safety, and general welfare of persons residing in the district; to prevent uses which are incompatible with rural residential living that would devalue property; to regulate population density; and to provide adequate open space around buildings and other structures.

(B) Permitted Uses. No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed below:

(1) Agricultural uses including farming, animal husbandry, poultry, and other livestock, truck gardening, orchards, bee keeping, and the sale of food products grown within the agricultural district.

(2) Single-family dwelling units, including residential designed manufactured housing on five (5) or more acres. Basements and cellars may not be occupied for residential purposes until the building is completed.

(3) Accessory uses for agricultural and single-family dwelling units.

(4) Churches and similar places of worship.

(5) Greenhouses and nurseries which sell plants grown on the property.

(6) Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or non-profit organization.

(7) Temporary structures incidental to construction work, but not for residential occupancy and only for the period of such work.

(9) Watersheds, wildlife habitats, wildlife production areas, and game management areas or other conservation uses.

(11) Fire and police stations.

(1) Group homes on five (5) or more acres.

(2) Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

(4) Oil and gas exploration, drilling, and production providing that upon abandonment of these operations, the land shall be returned as nearly as possible to its original condition.

(5) Airport or heliport.

(6) Cemetery, crematory, or mausoleums.

(7) Any public building erected or lands used by the Potawatomi Nation which is not permitted above.

(8) Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land forty (40) acres or larger.

(9) Child care center.

(10) Radio, television, navigation or military control, transmitter, or tower.

(12) Fur-bearing animal farms.

(13) Reservoirs, wells, towers, filter beds, or water supply plants.

(14) Riding stables, not closer than five hundred (500) feet to any residential zone.

(15) Hunting clubs, not closer than five hundred (500) feet to any residential zone.

(16) Sanitary landfill operations.

(17) Sewage disposal facilities.

(18) Electrical substations.

(D) Property Development Standards.

(1) Lot Area.

Each lot shall have a minimum lot area of 5 acres.

(2) Lot Width.

All lots must have a minimum width of 250 feet.

(3) Building Height.

No building shall exceed thirty-five (35) feet in height except as otherwise provided in these regulations.

(4) Yard.

(a) Front yard.

(i) There shall be a front yard having a depth of not less than fifty (50) feet.

(ii) Where lots have a double frontage on two streets or roads, the required front yard shall be provided on both streets or roads.

(iii) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street or road side of said lot.

(b) Side yard.

(i) There shall be a side yard of not less than twenty-five (25) feet on each side of a building, except on corner lots.

(i) There shall be a rear yard having a depth of not less than fifty (50) feet.

(5) Parking.

Off-street parking shall be in accordance with Section 19-4-2.

(6) Lighting. Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

Chapter 19-3. Zoning Districts
Section 19-3-5. R-S Rural Residential Subdivision District

(A) Purpose. This district is established to provide for single-family rural residential development at a higher density than allowable under the R-5 Rural Residential District. The intent of the district regulations is to protect the health, safety, and general welfare of persons residing in the district; to prevent uses which are incompatible with residential living that would devalue property; to regulate population density; and to provide adequate open space around buildings and other structures.

(B) Permitted Uses. No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed below:

(1) Single-family dwelling units, including residential designed manufactured housing on five (5) or more acres. Basements and cellars may not be occupied for residential purposes until the building is completed.

(2) Customary accessory uses and structures located on the same lot or tract with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, fireplaces, and other accessory uses associated with single-family dwelling units.

(3) Churches and similar places of worship.

(4) Temporary structures incidental to construction work, but not for residential occupancy and only for the period of such work.

(6) Golf courses, but not including commercial miniature golf, golf driving ranges, motorized cart tracks, or similar recreational businesses.

(7) Hospitals for people only on a lot, plot, or tract of land three (3) acres or larger.

(8) Nursing homes on a lot, plot, or tract of land three (3) acres or larger.

(9) Fire and police stations.

(10) Public parks, playgrounds, and recreational areas.

(11) Raising of crops, trees, shrubs, and grasses not sold on the premises.

(12) Schools--public or parochial, elementary, junior high and high schools, and private schools with equivalent curriculum.

(13) General farm operations excluding activities which are noxious or offensive by reasons of dust, odor, or noise.

(1) Group homes on five (5) or more acres.

(2) Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

(3) Private, non-commercial recreation areas, including country clubs, swimming pools.

(4) Oil and gas exploration, drilling, and production providing that upon abandonment of these operations, the land shall be returned as nearly as possible to its original condition.

(5) Airport or heliport.

(6) Cemetery, crematory, or mausoleums.

(7) Any public building erected or lands used by the Potawatomi Nation which is not permitted above.

(8) Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land forty (40) acres or larger.

(9) Child care center.

(10) Radio, television, navigation or military control, transmitter, or tower.

(12) Home occupations provided that such occupations take place within the principal dwelling. One sign shall be permitted, no greater than sixteen (16) square feet. Business shall be run by no more than one (1) employee and one (1) assistant.

(13) Electrical substations.

(D) Property Development Standards.

(1) Lot Area.

Each lot shall have a minimum lot area of 15,000 square feet where a sanitary sewer system is available and has been approved by the Tribal Council. Where an approved sanitary sewer system is not available, all lots shall have a minimum lot area of five (5) acres.

(2) Lot Width.

All lots must have a minimum width of 100 feet.

(3) Building Height.

No building shall exceed thirty-five (35) feet in height except as otherwise provided in these regulations.

(4) Yard.

(a) Front yard.

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

(ii) Where lots have a double frontage on two streets or roads, the required front yard shall be provided on both streets or roads.

(iii) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street or road side of said lot.

(b) Side yard.

(i) There shall be a side yard of not less than ten (10) feet on each side of a building, except on corner lots.

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

(5) Parking.

Off-street parking shall be in accordance with Section 19-4-2.

(6) Lighting.

Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

Chapter 19-3. Zoning Districts
Section 19-3-6. P-D Planned Development District

(A) Purpose. This district is established to permit greater flexibility in design of higher intensity development, such as multi-family, residential mobile homes, commercial, and industrial uses. The intent of the district regulations is to protect the health, safety, and general welfare of persons residing in the district; to ensure the compatibility of commercial, industrial and residential uses, to ensure the compatibility of high intensity development with the Potawatomi Nation's Land Use Plan, to regulate population density; and to provide adequate open space around buildings and other structures. The objectives of the Planned Development District are:

(1) To improve development design by:

(a) Providing for a planned mixture of land uses which can accommodate a place to live, a place to shop, a place to work, and a place to play while maintaining adequate open space, common facilities and buffers between uses.

(b) Permitting land use designs that incorporate natural terrain features, preserve natural open spaces, and encourage the philosophy of “design with nature”.

(2) To address and accommodate housing needs by:

(a) Providing a mixture of housing types in the community.

(b) Maintaining an overall low density, rural environment within the reservation.

(B) Types of Planned Development Permitted.

(1) Except as provided in subsection (2), no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following four types of Planned Development Districts:

(a) Parts I and II within this Section: residential uses as indicated.

(b) Part III within this Section: public and private institutional facilities; and commercial and office uses as indicated.

(2) Planned Development Districts other than Parts I, II, III and IV within this Section may be authorized within the discretion of the Governing Body.

All Planned Development Districts, including Parts I, II, III and IV within this Section, as well as those authorized pursuant to this subsection (2), and the uses therein, are subject to the discretion of the Governing Body. The Governing Body's evaluation of such Planned Development Districts shall take into account the following factors:

(a) Compatibility with surrounding existing uses and the potential uses shown on the area development plan.

(b) Similarity to other uses listed in the relevant Part below when those Planned Development Districts are Parts I, II, III and IV within this Section.

(C) General Requirements of Planned Development Districts. Interior lots and general development of the tract may vary according to several site design practices as influenced by existing topography. In general, the following guidelines shall apply:

(1) Every single-family structure shall have access to a public street, or if group or courtyard parking is used, each unit shall be provided with an easement. If a public street is not provided in the Planned Development, then it shall be under the control of a homeowners or development association.

(2) All open spaces shall be protected by fully recorded covenants running with the land or by regulations of the Tribal Council if the land is owned by the Potawatomi Nation.

(3) The street layout for internal roads and connections to county, township, or reservation roads shall be submitted in the form of road engineering plans.

(4) The developer shall provide central water and sewerage facilities for the Planned Development. These shall be submitted as approved written agreements.

(5) All Planned Developments shall form an association to provide for maintenance of common open space facilities and any areas which are to be held in common by the residents or occupants. All such areas shall be clearly marked on the development plan.

(6) If the association created for maintaining open space and other common facilities fails to operate and keep open areas, facilities, or roads in a reasonable condition, the Governing Body shall assess a tax or create a benefit district and perform the proper maintenance.

(D) Procedures for Review and Approval.

A proposed Planned Development District shall be subject to the procedural requirements contained in this subsection in lieu of the requirements contained in Chapter 19-9.

When a property owner or developer intends to develop a tract of land containing at least the minimum area, but that tract is not currently zoned Planned Development District with a Preliminary use Plan, application may be made for zoning the property to a Planned Development District. The applicant shall submit a Preliminary Use Plan and a Development Plan for review by the Planning Commission and the Governing Body. The Preliminary Use Plan shall designate the uses for all portions of the tract. The Development Plan shall include the information outlined below.

If the tract is already zoned Planned Development District with a Preliminary Use Plan, the applicant shall file a Development Plan for review by the Zoning Administrator and approval by the Governing Body.

An applicant for any development in a planned district shall prepare and submit a Development Plan for review and approval by the Governing Body which shall include:

(1) A topographic map showing contours of the property.

(2) A plot plan showing.

(a) Building and sign structure locations on the tract.

(b) Access for streets.

(d) Interior drives and service areas.

(e) Area set-aside for public open spaces and recreation.

(f) Other items deemed necessary by the Zoning Administrator.

(3) Location map showing the development and zoning of the adjacent property within one thousand (1,000) feet, including the location and the type of buildings and structures thereon and the current ownership thereof.

(4) The full legal description of the boundaries of the properties to be included in the area to be zoned Planned Development District. (If applicable)

(5) A map showing the general arrangement of streets within an area of one thousand (1,000) feet from the boundaries of the tract.

(6) A map showing the location of proposed sewer, water, and other utility lines.

(7) A description of general character of proposed buildings and any signs to be placed on the site.

(8) A construction schedule.

The applicant may further be asked to furnish other information, such as typical building floor plans, building elevations to show the general architectural character of the buildings, some indications as to size and type of landscape plant materials, pavements, and other major site improvements. Certification of plans by an engineer may be required at the discretion of the Zoning Administrator. The applicant may be asked to submit the tentative financial plan and description of the intended means of financing any proposed common area improvements, statements covering ownership and maintenance of common easements or other common areas, such as open space or recreational areas.

The Governing Body may specify stages of development and the number of land use permits to be issued for each stage. The Governing Body shall also place on the record all agreements for performance, covenants, and restrictions. The applicant has one (1) year following approval to proceed with construction with the approved plan. Failure to proceed by this time shall require further approval by the Governing Body.

A proposed Planned Development District may be approved at any time after the Planning Commission shall have held a public hearing on the proposal. A notice of such public hearing shall be published at least once in the official county newspaper. Such notice shall be published at least twenty (20) days prior to the hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms. Notice shall also be provided to the governing bodies of the County and incorporated cities within three (3) miles of the reservation boundary at least twenty (20) days prior to the hearing on the proposal. At or after such public hearing is held, the Planning Commission may recommend approval of the proposal but such Planned Development shall not become effective until approved by the Governing Body by a resolution and published once in the official county newspaper. A copy of such legal publication shall be added to the appendix of these regulations. Within 30 days of such publication, any person aggrieved by the final official action taken may maintain an action in tribal court, which shall be heard under the arbitrary and capricious standard of review and with the presumption that the decision was reasonable.

(E) Change in Preliminary Use Plan. Any requested change in the Preliminary Use designation of a tract shall require a public hearing within sixty (60) days of a proper application for such change to the Planning Commission. This hearing shall be held in the same manner as a hearing for an Amendment per Chapter 19-9. A Development Plan must be submitted with this request for a change in Preliminary Use Plan. Following the hearing, but within 60 days, the Planning Commission may either recommend approval, modification, or disapproval to the Governing Body and shall set forth, in writing, their reasons for such recommendation. Within thirty (30) days, the Governing Body shall act on such change in Preliminary Use designation.

Part I-Multi-Family Residential Uses and Standards.

(A) Permitted Uses. The following uses are permitted within this district, subject to any conditions placed upon such use by the Governing Body during the plan review and approval procedures outlined below.

(1) Single-family dwelling.

(2) Two-family (duplex) dwelling.

(3) Three-family dwelling.

(4) Boarding, rooming, and lodging houses.

(5) Multiple-family dwelling.

(6) Private clubs, fraternities, sororities, and lodges, except those where the chief activity is a service, customarily carried on as a business.

(B) Special Uses. The following uses may be allowed by special use permit when submitted, reviewed, and approved by the Board of Zoning Appeals and subject to such conditions as the Board may impose, as per procedures in Section 19-8.

(1) All special uses allowed in the “R-S” District.

(1) Lot Area, Width, Yards, and Building Height.

Lot area, width, and building heights shall be determined in each case based on the following factors:

(a) No Residential Planned Development District may be less than five (5) acres.

(b) Development density shall be no greater than 10 dwelling units per acre.

(c) Lot widths and yards shall be sufficient to provide adequate light and air between structures and provide for access for emergency equipment.

(2) Parking.

Off-street parking shall be in accordance with Section 19-4-2.

(3) Lighting.

Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

(4) Sign Regulations. See Section 19-4-1.

(5) Landscaping Regulations. See Section 19-4-3.

(6) Traffic Regulations. See Section 19-4-4.

Part II-Manufactured Housing Park Uses and Standards.

(1) Independent manufactured homes located on a well-drained concrete slab.

(2) Parks and playgrounds.

(3) Manufactured housing service buildings, such as coin-operated washers and dryers, for exclusive use of residents of the manufactured home park.

(4) Office for manager of the manufactured home park.

(5) Storage building for vehicles used to tow manufactured housing units.

(6) Storage building for blocks, skirts, pipe, and other material and equipment required to set up a manufactured house.

(7) Accessory uses and buildings, including swimming pools, bath houses, patios, etc., for exclusive use of manufactured housing residents.

(8) Child care centers.

(B) Property Development Standards. All Manufactured Housing Parks shall be designed according to the following standards.

(1) A tract to be used for a manufactured housing park shall be large enough to accommodate twenty-five (25) or more manufactured units.

(2) Each manufactured housing park space shall be not less than thirty-five (35) feet wide.

(3) Manufactured housing parks shall have a maximum density of eight (8) manufactured housing units per gross acre, and each space shall have not less than three thousand (3,000) square feet.

(4) The manufactured housing park shall be located on a well-drained site properly graded to insure rapid drainage.

(5) Manufactured housing parks designed to accommodate fifty (50) or more units shall be located on or near major roads that provide a hard surface (concrete or blacktop).

(6) Manufactured housing parks shall proved screening when they abut residential property.

(7) Each manufactured housing park shall reserve an area of one hundred (100) square feet per lot for child recreation.

(8) The recreation area shall be located so as to be free from hazards and provided with play equipment.

(9) All new manufactured housing parks shall provide a storm shelter for the occupants.

(10) The manufactured housing shelter shall be approved, after the submission of plans by the applicant, by the Zoning Administrator. The shelter shall be constructed below ground level as a concrete structure and provided with heavy metal doors. It shall be located so as to be accessible to the park residents in a central place with access to the shelter clearly marked.

(11) Manufactured housing units shall be located so that there is at least twenty (20) foot clearance between manufactured houses; provided, however, with respect to manufactured houses parked end-to-end, the clearance shall not be less than ten (10) feet. No manufactured housing unit shall be located less than ten (10) feet from the front driveway.

(12) No manufactured housing unit shall be located less than twenty-five (25) feet from any property line of the manufactured housing park or from any community building within the park, including any washroom, toilet, laundry facilities, or office.

(13) All manufactured housing spaces shall abut on an internal driveway that is not less than twenty-four (24) feet in width; provided, however, that no on-street parking is permitted. If parallel parking is permitted on one side of the street, the width shall be increased to twenty-eight (28) feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to thirty-six (36) feet. Such driveways shall have unobstructed access to a public street or highway and shall have, as a minimum, a gravel surface or be paved and well maintained and lighted.

(14) Manufactured housing park containing more than twenty (20) units shall provide each lot with a concrete pad for parking two (2) vehicles separate from the road. The minimum pad size shall be fourteen (14) feet wide and sixteen (16) feet in depth. In parks containing less than twenty (20) units, the parking spaces may be constructed of crushed rock finished to a depth of eight (8) inches.

(15) All roadways and walks within the manufactured housing park shall be hard surfaced or gravel surfaced and provided with night lighting using lamps spaced at intervals of not more than one hundred (100) feet.

(16) All electrical distribution systems and telephone service systems to each manufactured housing space, except outlets and risers, shall be underground. Each manufactured housing space shall be provided with a 110-volt and 220-volt service with an minimum 100-ampere individual service outlet.

(17) Whenever master television antenna systems are to be installed, the complete plans and specifications for the system must be submitted for approval. Distribution to individual manufactured housing spaces shall be underground and shall terminate adjacent to the electrical outlet.

(18) Laundry facilities for the exclusive use of the manufactured housing occupants may be provided in a service building.

(19) An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and manufactured housing spaces within the park. Each manufactured housing space shall be provided with a cold water tap at least four (4) inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all washing and laundry facilities.

(20) All manufactured housing units, in this District, shall be connected to an approved public water supply and an approved sanitary sewer system with at least a four (4) inch sewer connection to each manufactured housing unit. The sewer connection shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured housing drain and the sewer connection. Such individual unit connections shall be so constructed that they can be closed when not linked to a manufactured housing unit and shall be trapped in such a manner as to maintain them in an odor-free condition.

(21) Each manufactured housing unit shall be secured by anchoring the superstructure against uplift, sliding, rotation, and overturning.

(22) Outdoor laundry drying space of adequate area and suitable location shall be provided and indicated upon the required plan.

(23) The owner or operator shall include with the required plan the method of refuse collection and the location of refuse containers.

(24) If only independent manufactured housing spaces are to be provided, no service building will be required; however, when such service building is required, it shall comply with the following regulations:

(a) Be located twenty (20) feet or more from any manufactured housing unit.

(b) Be adequately lighted.

(d) Provide at least one (1) lavatory, water closet, and shower for each sex; one (1) laundry tray, one (1) floor drain, and hot and cold water.

(e) Have adequate heating facilities for the building and equipment which will furnish an ample supply of heated water during time of peak demand.

(f) Have all rooms well ventilated with all openings effectively screened.

(25) The owner or operator shall include with the required plan a budget for financing the proposed improvements.

Part III-Commercial Uses and Standards.

(B) Class I-Retail and Office Uses.

(1) Ambulance

(2) Amusement and commercial recreation centers.

(3) Automobile sales, service, and repair, provided that there is no outside repair or repair storage.

(4) Bakeries, pastry shops, and confectioneries, retail.

(5) Banks, trust companies, building and loan associations.

(6) Barber shops, beauty shops, and other personal service shops.

(7) Bicycle sales and repair shops, retail.

(8) Blueprinting and Photostatting establishments.

(9) Book, stationery, and gift stores.

(10) Bowling alleys.

(11) Catering establishments.

(12) Clinics.

(13) Clothing stores, retail.

(14) Drug stores and pharmacy.

(15) Fabric or decorator shops.

(16) Feed and seed stores, including garden and lawn supplies.

(17) Finance and loan companies.

(18) Florist shops (not including greenhouses).

(19) Food sales, retail.

(20) Food and cold storage lockers.

(21) Fruit and vegetable markets.

(22) Furniture and appliance stores, retail.

(23) Gasoline and oil filling stations.

(24) Grocery stores.

(25) Hardware stores, retail.

(26) Hobby, craft and toy shops, retail.

(27) Jewelry and watch repair shops, retail.

(28) Laundromats, self-service laundries and dry cleaning stores, laundry and dry-cleaning pick-up stations.

(29) Lawn and garden services, including greenhouses.

(30) Lock and gunsmiths, not including shooting range.

(31) Museum and art galleries, commercial.

(32) Music stores.

(33) Offices and agencies.

(34) Office equipment and supplies sales and service, retail.

(35) Optical services.

(36) Paint stores, retail.

(37) Parking lots, customer and private.

(38) Parks, playgrounds, and community buildings.

(39) Photography shops and studios.

(40) Public buildings and uses.

(41) Radio and television sales and service.

(42) Radio and television studios.

(43) Residences associated with a commercial establishment.

(44) Restaurants and other eating establishments, including drive-ins.

(45) Retail stores not otherwise listed in Class I or Class II.

(46) Rug and carpet stores, retail.

(47) Sale and showrooms.

(48) Schools, business, and/or commercial.

(49) Shoe store and shoe repair, retail.

(50) Sporting goods store, retail.

(51) Tailors, dressmakers, and milliners, custom service.

(52) Telecommunication offices.

(53) Theaters not including drive-ins.

(54) Used car sales, not including salvage or wrecking of any type.

(C) Class II-Other Commercial Uses. These uses are not considered to be compatible with the uses in Class I without special conditions being placed on them or these uses require tribal Council approval for the sale of alcohol.

(1) Animal hospital or clinics.

(2) Auction sales.

(3) Automobile parts and machines.

(4) Bait shops.

(5) Beer parlor, tavern, and night club.

(6) Books binding.

(7) Building materials and products.

(8) Bus depot, cab depot, and railroad depot.

(9) Campgrounds.

(10) Campsites and commercial recreation facilities.

(11) Car wash.

(12) Electrical and telephone substations.

(13) Equipment rental.

(14) Farm implement sales; outdoor display shall be permitted provided that no machinery shall be displayed, parked, or stored in any required yard.

(15) Fertilizer sales, retail. (If more than 50% of store's sales)

(16) Garage, automobile repair.

(17) Liquor stores.

(18) Lodge hall.

(19) Manufactured home sales.

(20) Pawnbroker and pawn shops.

(21) Plumbing shops.

(22) Printing shops and newspaper plants.

(23) Shops for the repair and servicing of household appliances and electrical equipment and lawn and garden tools powered by not more than twelve (12) horsepower, and which shops have not more than five (5) persons engaged in such repair and servicing. (This paragraph does not authorize manufacture of any article.)

(24) Sign painting not including advertising display manufacture.

(25) Theaters not including drive-ins.

(26) Tire capping and retreading.

(27) Tourist courts, motels, and motor hotels, and hotels.

(28) Truck sales, service, and repair, provided there is no outside repair or repair storage.

(29) Truck terminals

(30) Undertaking establishments.

(31) Welding shops.

(D) Property Development Standards.

(1) Lot Area, Width, Yards, and Building Height.

Lot area, width, and building heights shall be determined in each case based on the following factors:

(a) No Commercial Planned Development District may be less than 10,000 square feet.

(b) Development density shall be no greater than 10 dwelling units per acre.

(c) Lot widths and yards shall be sufficient to provide adequate light and air between structures and provide for access for emergency equipment. Minimum front, side, and rear yard setbacks is twenty-five (25) feet, but greater setbacks may be required by the Planning Commission or Tribal Council.

(2) Parking. Off-street parking and loading facilities shall be in accordance with Section 19-4-2.

(3) Lighting. Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

(4) Sign Regulations. See Section 19-4-1.

(5) Landscaping Regulations. See Section 19-4-3.

(6) Traffic Regulations. See Section 19-4-4.

Part IV-Light Industrial Uses and Standards.

(A) Intent. The intent of this section is to allow for the review of all industrial uses desired to be placed on the reservation. The uses listed as permitted below are allowed subject to review by the Planning Commission for compliance with the Regulations. The Planning Commission will review all special use requests and may approve such uses subject to whatever conditions it deems necessary to protect public health, safety, and general welfare.

(B) Permitted Uses. The following uses are permitted within this district, subject to any conditions placed upon such use by the Governing Body during the plan review and approval procedures outlined below.

(1) Advertising display manufacture.

(2) Agricultural implement fabrication and repair.

(3) Animal hospitals and clinics.

(4) Assembly or repair of electrical and mechanical appliances, instruments, devices, and the like.

(5) Auto sales and repair.

(6) Bakeries, wholesale.

(7) Billboards subject to requirements outlined in Section 19-4-1.

(8) Book bindery.

(9) Bottling works.

(10) Building materials and products production, storage, and sales.

(11) Business machines and equipment manufacture.

(12) Canvas and burlap products manufacture.

(13) Carpenter, cabinet, plumbing, or sheet metal shops.

(14) Car wash establishments.

(15) Carton and container fabrication.

(16) Clothing fabrication.

(17) Coffin manufacture.

(18) Coin operated vending machine fabrication, repair, and rental.

(19) Contractor's office and equipment storage yard, providing the storage yard is completely enclosed with a six (6) foot solid fence or wall.

(20) Distillation of mineral waters and the like.

(21) Dog kennels.

(22) Dry cleaning and/or laundry plants.

(23) Farm implement sales and service.

(24) Feed and grain storage and sales, including grain elevators.

(25) Fertilizer sales, wholesale.

(26) Food processing.

(27) Frozen food lockers.

(28) Greenhouses and nurseries, retail and wholesale.

(29) Hatcheries.

(30) Ice manufacture and storage.

(31) Laboratories for research and testing.

(32) Leather goods manufacture.

(33) Light manufacturing operations, providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emission of dust, fumes, gas, order, or smoke.

(34) Lumber yards.

(35) Machinery sales and storage lots.

(36) Manufactured housing sales.

(37) Metal manufacture or assembly, using plate or sheet metal not requiring stamping or forming, standards parts and structural shapes.

(38) Monument sales.

(39) Motor freight terminals and warehouses.

(40) Motor vehicle and farm implement sales and storage.

(41) Sign printing and manufacturing.

(42) Upholstering shops.

(43) Vehicle body repair, provided all repair operations are conducted in a closed building, and that all outside storage shall be enclosed by a six (6) foot solid fence or wall.

(44) Warehouses.

(45) Wholesale merchandise sales and storage.

(46) Gaming facilities.

(C) Special Uses. The following uses may be allowed by special use permit, when submitted to, reviewed, and approved by the Planning Commission and Tribal Council and subject to such conditions as they may impose.

(1) Blacksmith shops.

(2) Manufactured housing production.

(3) Meat processing and packing.

(4) Public utility and public service uses as follows:

(a) Public power plant.

(b) Substations.

(d) Telephone exchanges, microwave towers, radio towers, television towers, telephone transmission buildings, and electrical power plants.

(5) Radiator repair shops.

(6) Steel fabricators and assembly.

(7) Storage yards providing the storage yard is completely enclosed with a six (6) foot fence or wall.

(8) Heavy industrial uses having the potential for significant environmental hazard, including, but not limited to:

(a) Automobile wrecking yards, junk yards, and scrap processing yards when said yard is completely enclosed with a six (6) foot solid fence or wall and no junk or scrap is stored outside the fence or wall and subject to other restrictions imposed by the Tribal Council.

(b) Asphalt and asphalt products manufacture.

(d) Bedding, carpet, and pillow manufacture.

(e) Boat manufacture.

(f) Brick, tile, clay pipe, and other clay products manufacture.

(g) Cement, lime, and plastic products manufacture.

(h) Charcoal manufacture.

(i) Coal and coke yards.

(j) Dumps (sanitary landfills).

(k) Fat rendering, manufacture of products from fats, oils, animal, or vegetable, by baking.

(l) Feed grain and flour processing.

(m) Felt manufacture.

(n) Flammable liquids manufacture and storage in bulk plant.

(o) Garbage and waste incinerators.

(p) Grease or tallow manufacture.

(q) Insulation material manufacture.

(r) Leather or hide processing.

(s) Metals, all types of fabrication and manufacture.

(t) Millwork, wood products.

(u) Mixing plants (permanent), cement, mortar, plaster, and paving materials.

(v) Oxygen manufacture and storage.

(w) Paper, pulp, cardboard, and building board manufacture.

(x) Planing or sawmills.

(y) Potter, porcelain, and vitreous china manufacture.

(z) Ready-mix concrete and asphalt mix plants.

(aa) Recyclable items, storage and processing plants.

(ab) Rock crushers.

(ac) Scrap paper or rag storage, sorting, or bailing within enclosed building.

(ac) Soy bean oil manufacture.

(ad) Stone cutting and monument manufacture.

(ae) Stone quarry.

(af) Tar and waterproofing materials manufacture.

(ag) Wrecking contractor's yard when said yard is completely enclosed with a six (6) foot solid fence or wall and no junk or scrap is stored outside the fence or wall and subject to other restrictions imposed by the Tribal Council.

(ah) Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise, or vibration.

(D) Property Development Standards.

(1) Lot Area.

(a) Where the lot or tract will be served by water and public sewer, the minimum lot size shall be two (2) acres.

(b) Where water and sewer service will be provided on the lot, the minimum lot size shall be five (5) acres.

(2) Building Height.

(a) When a building or structure is within one hundred fifty (150) feet from a residential district zone or planned residential area, said building or structure shall not exceed forty-five (45) feet in height.

(b) When a building or structure is more than one hundred fifty (150) feet from a residential district zone or planned residential area, said building or structure shall not exceed seventy-five (75) feet in height.

(3) Yard.

(a) Front yard

(i) There shall be a front yard having a depth of not less than twenty-five (25) feet except as required for arterial streets and collector streets in Section 19-5-1.

(ii) Where lots have a double frontage on two streets or roads, the required front yard shall be provided on both streets or roads.

(iii) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street or roadside of said lot.

(b) Side yard

(i) There shall be a side yard of not less than twenty (20) feet on each side of a building, except on corner lots.

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

(4) Parking.

Off-street parking and loading facilities shall be in accordance with Section 19-4-2.

(5) Lighting.

Exterior lighting fixtures shall be so shaded so that no direct light is cast on any residence and so no glare is visible to any public street.

(6) Sign Regulations. See Section 19-4-1.

(7) Landscaping Regulations. See Section 19-4-3.

(8) Traffic Regulations. See Section 19-4-4.

Chapter 19-3. Zoning Districts
Section 19-3-7. B-I: Breach Impact District

(A) Purpose. The “B-I” Breach Impact District is intended to permit the gainful use of certain lands which are considered to be in the path of potential flood water caused by a breach of a flood water retarding or retention structures or erosion control structures and to minimize the impact of such a breach on buildings or other valuable property.

(B) Permitted and Special Uses. In the “B-I” District, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses. The building of any such structure that under these regulations would require a building permit is prohibited. Only uses having a low flood damage potential and not obstructing a flood flow are permitted, such as:

(1) Agriculture uses including farms, animal husbandry, pastures, and forestry,

(2) Residential uses such as lawns, gardens, parking and play areas,

(3) Business or industrial uses such as loading area and parking, or

(4) Public and private recreational uses such as parks and wildlife preserves.

(C) Duties of the Applicant. In addition to the duties imposed upon an applicant seeking an amendment of these regulations, the applicant for a change in zoning to “B-I” District shall furnish to the Zoning Administrator engineered maps, charts and studies showing the location and actual dimensions of the proposed “B-I” District and shall when requested assist the Zoning Administrator in determining boundary location.

(D) Governmental Applications. In addition to the applicants authorized by these regulations, the Jackson County Soil Conservation District, Delaware Watershed Joint District #10, Nemaha-Brown Watershed Joint District #7 and any other legally organized Watershed District encompassing land located within reservation territory of the Nation is permitted to make application for a “B-I” District.

(Amended by PBP TC. No 2008-154, July 2, 2008.)

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-1. Sign Regulations

(A) General Requirements.

(1) It shall be unlawful for any person to erect, move, alter, change, repair, place, or suspend or to cause or permit to be erected, moved, altered, changed, repaired, placed, or suspended, or attached any sign in violation of these regulations.

(2) No sign, except for those signs exempted, shall be constructed, erected, expanded, relocated, or remodeled until a permit has been obtained in accordance with the procedures set out herein. All signs legally existing at the time of passage of these regulations may remain in use.

(B) Sign Classification.

(1) Advertising. The term advertising shall mean any structure, object, or device erected, maintained, or used for advertising purposes and not within a building, and shall include all outdoor advertising matter attached to any building, structure, or object other than vehicles serving as transportation on public streets.

(2) Bulletin Board. A sign that indicates the name of an institution or organization on whose premise it is located and which contains the name or names of persons connected with it, and announcements of persons, events, or activities occurring at the institution. Such signs may also present a greeting or similar message.

(3) Billboard. The term billboard shall mean any advertising structure with advertising surface in excess of forty-five (45) square feet.

(4) Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered on the premises on which the construction is taking place.

(5) Construction Sign. A temporary sign indicating the names of designers and contractors involved in the construction of a project only during the construction period and only on the premises on which the construction is taking place.

(6) Ground Sign. Any sign placed upon, or supported by, the ground independently of the principal building or structure on the property. Signs on accessory structures shall be considered ground signs.

(7) Identification Sign. This term shall mean a sign on a premises which serves only to tell the name or use of any public or semi-public building or recreation space, club, lodge, church, or institution, or which serves only to tell the name and/or address of an apartment house or hotel, or which serves to identify a parking lot.

(8) Illuminated Sign. This term shall include any advertising display which, through electrical or other illumination devices, illuminates characters, letters, figures, or outlines by means of electrical lights or luminous tubes as a part of the sign proper. Moving or flashing signs are not permitted within the reservation without approval of the Governing Body with respect to the non-interference with traffic and safety.

(9) Face Sign. This term shall include any sign attached to the face or any exterior wall of a building or structure in such a manner as to be approximately parallel to the plane of such face of a building or structure, and not extending farther than one (1) foot from the face of the building.

(10) Name plate. A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located and, where applicable, a professional status.

(11) Projecting Sign. This term shall mean and include all signs, other than face signs, which are suspended or supported by any building or wall and which projects outward therefrom.

(12) Pole Sign. The term pole sign shall mean a sign supported wholly by a pole or poles in the surface which is not part of a building. Pylon signs shall be considered pole signs.

(13) Real Estate Sign. A sign pertaining to the sale or lease of a lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof which is located thereon.

(14) Roof Sign. This term shall mean a sign supported on or over the roof of a building and not projecting over public property.

(15) Temporary Sign. This sign shall mean and include any sign intended to be displayed for a short period, which period shall be not greater than three (3) months. “For Sale or Rent” signs are included. Signs advertising subdivisions and other developments may be approved for six (6) month periods with extensions.

(1) Sign Area. Area of signs shall be determined as gross area of the whole sign for printed, constructed, or painted matter and does not include supporting poles or structure. For free standing lettered signs, area shall be measured by drawing an imaginary line a distance one (1) inch from all letters and words, enclosing the complete sign and area calculated above.

(2) Height of Sign. Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign.

(3) Building and Electrical Codes Applicable. All signs must also conform to the structural design standards of any applicable building code. Wiring of all electrical signs must conform to any applicable electrical code.

(4) Illuminated Signs. Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Any brightly illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of 11:00 P.M. and 7:00 A.M.

(5) Flashing or Moving Signs. No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs that create the illusion of movement shall be permitted in any residential district. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature.

(6) Metal Signs. Signs constructed of metal and illuminated by any means requiring internal wiring or electricity wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of nine (9) feet to the ground.

(7) Location. No sign shall be permitted to project over the public right-of-way, except with the approval of the Board of Zoning Appeals as a special use.

(8) Signs on Trees or Utility Poles. No signs shall be attached to a tree or utility pole whether on public or private property.

(9) Scenic and Historic Sites. No billboards may be located nearer than one thousand (1,000) feet from an area that has been established as a Scenic or Historic area.

(10) Traffic Safety.

(a) No sign shall be maintained at any location where, by reason of its position, size, shape, or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, signal, or device, or where it may interfere with, mislead, or confuse traffic.

(b) No sign shall be located in any vision triangle as may be required by any applicable subdivision or other regulations, except official traffic signs or other signs mounted eight (8) feet or more above the ground whose supports (not exceeding two) do not exceed twelve (12) inches at the widest dimension and thus do not constitute an obstruction.

(D) Permit Required.

(1) Permits. Permits are required for every sign erected or constructed in the reservation except those specifically exempted below. Application for such sign shall be made on forms provided along with proof of agreement of the owner of the land, (f not owned by the applicant) to erect the sign.

(2) Fees. The Zoning Administrator shall establish and maintain a schedule of fees for permits by type of sign, which fees shall be commensurate with the cost of sign administration.

(E) Exemptions. The following signs shall be exempt from the provisions of this Section:

(1) Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.

(2) Flags or emblems of a government or of a political, civic, philanthropic, educational, or religious organization displayed on private property.

(3) Memorial signs and tablets displayed on private property.

(4) Small signs, not exceeding five (5) square feet in area displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking area, one-way drives, rest rooms, freight entrances, and the like.

(5) Political campaign signs displayed on private property, provided they are removed forty-eight (48) hours after the election.

(6) Address numerals and other signs required to be maintained by other laws, rules, or regulations; provided, however, that the content and size of the sign do not exceed such requirements.

(7) Scoreboards in athletic fields or stadiums.

(8) Garage sale signs, not exceeding four (4) square feet in area, displayed on private property.

The following signs shall be exempt from permit requirements but shall comply with all other provisions of this Section:

(1) Nameplates not exceeding four (4) square feet in gross surface area accessory to a dwelling.

(2) Bulletin board signs not exceeding twenty-four (24) square feet in gross surface area accessory to a church, school, or public or non-profit institution.

(3) Real estate signs not exceeding six (6) square feet in gross surface area and which pertain to the sale or lease of the lot or tract or structure on which the sign is located.

(4) Business signs when located on property used for agricultural purposes and which pertain to the sale of agricultural products produced on the premises.

(F) District Regulations.

(1) District “H-P” Regulations.

Only signs associated with the wildlife habitat areas are permitted within the “H-P” district.

(2) District “A-P” Regulations.

(a) Signs shall be permitted in the “A-P” district as follows:

Type of sign		Maximum area permitted

1.	Bulletin boards	forty (40) square feet
2.	Business signs
	Home occupation	four (4) square feet
	Agricultural	thirty-two (32) square feet
3.	Construction signs	thirty-two (32) square feet
4.	Identification signs	twenty (20) square feet
5.	Name plates	four (4) square feet
6.	Real estate signs	twelve (12) square feet
7.	Temporary signs	forty-five (45) square feet

(b) No more than one (1) each of the following types of signs shall be permitted per lot or tract:

(i) Face signs

(ii) Ground signs

(iii) Pole signs

(i) Maximum Height: fifteen (15) feet.

(ii) Required setback: Ten (10) feet from the front line, except real estate sign, and none from the side yard setbacks.

(iii) Illumination: No sign shall be illuminated except that advertising and bulletin board signs may be indirectly illuminated with incandescent or fluorescent light. Business signs may be illuminated only during business hours.

(3) District “R-5” and “R-S” Regulations.

(a) Signs shall be permitted in the “R-5” and “R-S” districts as follows:

Type of sign		Maximum area permitted
1.	Bulletin boards	sixteen (16) square feet
2.	Business signs (affixed flush to the wall)
	Home occupation	four (4) square feet
3.	Construction	thirty-two (32) square feet
4.	Identification signs	ten (10) square feet
5.	Name plates	four (4) square feet
6.	Real estate signs	six (6) square feet per lot

(b) Subdivision sign announcing sale of lots and/or houses within subdivision may be located on the development. Only a single sign, one hundred (100) sq. ft. in area is allowed and must be removed when 75 percent of the lots have been sold.

(i) Face signs

(ii) Ground signs

(iii) Pole signs

(d) Restrictions

(i) Maximum Height: fifteen (15) feet.

(ii) Required setback: Ten (10) feet from the front line, except real estate sign, and none from the side yard setbacks.

(iii) Illumination: No sign shall be illuminated except that bulletin board signs maybe indirectly illuminated with incandescent or fluorescent light.

(4) District “P-D” Regulations.

(a) Signs shall be permitted in the “P-D” district as follows:

(i) Signs Regulations:

(aa) Signs shall be approved as part of the site Development Plan.

(bb) No billboards or roof signs shall be permitted.

(ii) Number of signs permitted shall be as approved with the site Development Plan.

(iii) Maximum area of permitted signs shall be as approved with the site Development Plan.

(iv) Maximum height of permitted signs shall be as approved with the site Development Plan.

(v) Required setback permitted shall be as approved with the site Development Plan.

(vi) Illumination permitted shall be as approved with the site Development Plan.

(G) Removal of Signs from Vacant Buildings. Signs located on vacant buildings shall be removed by the property owner or his authorized agent within thirty (30) days after said premises are vacated.

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-2. Parking and Loading Regulations

(A) Requirements. Except as otherwise provided, when any building or structure is hereinafter erected or structurally altered to the extent of increasing the floor area by fifty (50) percent or more, accessory off-street parking and/or loading spaces shall be provided as required by the following schedule.

(1) Dwellings. Two (2) for each single-family dwelling; three (3) for each two-family dwelling; one and one-fourth (1 1/4) for each residence unit in a structure containing more than three (3) units.

(2) Clubs. One (1) for every two hundred (200) square feet of floor area.

(3) Schools.

(a) Elementary, Junior High: Two (2) per classroom plus an off-street passenger loading zone.

(b) High School: Ten (10) per classroom.

(4) Hospitals and Clinics. One (1) for each doctor, plus one (1) for every three (3) regular employees, plus one (1) for every five hundred (500) square feet of gross floor area, plus an off-street passenger or patient unloading area.

(5) Public Utilities and Other Service Facilities. One (1) for every five hundred (500) square feet of gross floor area, or two (2) for every three (3) regular employees, whichever is greater.

(6) Dormitories. One (1) for every guest room.

(7) Fraternities and Sororities. One (1) for every two (2) members.

(8) Private Nurseries, Kindergartens, and Child Care Facilities. One (1) for every regular employee, plus an off-street passenger loading area.

(9) Professional Offices. One (1) for every two hundred fifty (250) square feet of gross floor area.

(10) Retail Business. One (1) for every two hundred fifty (250) square feet of gross floor area.

(11) Tourist Courts and Motels. One (1) per each rental unit.

(12) Hotels. One (1) for every two (2) guest rooms.

(13) Convalescent Homes and Homes for Aged. One (1) for every four (4) beds plus an off-street passenger loading area.

(14) Bowling Alleys. Six (6) for each alley.

(15) Industrial Uses.

(a) Permitted Uses: One (1) per every six hundred square feet of gross floor area; or one (1) for every two (2) employees, whichever requires the greater number of spaces.

(b) Special Uses: To be determined by the Tribal Council, during review of the Development Plan, according to use but in no case shall the required parking be less than for permitted uses.

(B) Location Requirements.

(1) Off-Street Loading and Unloading. In all districts, loading and unloading space shall be provided off-street and on the same premises with the building or part thereof which requires the receipt and distribution of materials or merchandise by motor vehicle. The loading and unloading space shall be so located as to avoid undue interference with public use of streets, alleys, and walkways.

(2) Residential. All required spaces shall be located on the same parcel with the residential use.

(3) Business. Required spaces may be located on the same parcel as the commercial use or an area not more than four hundred fifty (450) feet from the building.

(4) Industrial.

(a) Permitted Uses: Required spaces may be located on the same parcel with the permitted industrial use or on an area not more than one thousand (1,000) feet from the parcel.

(b) Special Uses: Required spaces may be located on the same parcel with the permitted industrial use or on an area not more than one thousand (1,000) feet from the parcel.

(C) Plans and Approval Required. For all uses other than single-family residential structures, plans showing layout and design of all off-street parking and loading areas shall be submitted to and approved by the Zoning Administrator prior to issuing a land use permit. Before approving the plan layout, the Zoning Administrator shall satisfy himself or herself that spaces provided are usable and meet standard design criteria. All required off-street parking areas, including access drives, shall be improved with an approved, all weather surface.

(D) Construction Requirements. Parking lots for other the single-family dwellings shall be surfaced with an all-weather, dust-free material of a type and composition acceptable to the Zoning Administrator.

(E) Performance. In lieu of construction of the required parking lot, the Governing Body may accept a corporate surety bond, cashier's check, escrow account, or other security of a type and in an amount approved by the Governing Body. Such security shall be conditioned upon the actual completion of such work or improvement within the specified time, and shall be enforceable by the Governing Body by all equitable means.

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-3. Landscaping Requirements

(A) Minimum Landscape Requirements: All property within the zoning jurisdiction of the Prairie Band of Potawatomi Nation shall hereinafter be subject to the following minimum requirements:

(1) The open, unpaved areas of each property shall be graded to provide for the adequate drainage of all storm water and shall be free of hazards, nuisances, or unsanitary conditions.

(2) Open, unpaved areas shall be appropriately landscaped to provide an attractive appearance to enhance the character of the area.

(3) No vegetation shall overhang a public street or sidewalk below a height of ten (10) feet or obstruct views of pedestrian and vehicular movements.

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-4. Traffic Regulations

(A) Minimum Requirements for Traffic: All business or industrial properties hereinafter improved shall include provision for vehicular access in accordance with the following:

(1) Plans for the erection or structural alteration of any business use, dependent on vehicles entering onto the business site or parking lot, shall be approved by the Governing Body. The Governing Body may require changes in relation to yards, location of curb cuts, width of drives, location of signs and accessory uses, and buildings and construction of buildings as it may deem best suited to insure safety, to minimize traffic difficulties, and to safeguard adjacent properties.

Chapter 19-5. Supplementary District Regulations
Section 19-5-1. Qualifications and Supplementations to District Regulations

The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in these regulations.

(A) Accessory Buildings. Accessory buildings, as regulated herein, are permitted in any district. No detached accessory building hereafter constructed shall occupy a required front yard or be located within ten (10) feet of any dwelling existing or under construction on the building site, except that a detached garage of which the minimum distance shall be five (5) feet. No single accessory building in a residence district shall occupy more than thirty (30) percent nor shall all such buildings collectively occupy more than forty (40) percent of the required yard spaces in the rear half of the lot. No accessory building shall be located in any required side or front yard.

(B) Accessory Uses. An accessory use, as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.

(C) Conversions of Existing Structures. All conversions of existing structures to another use must conform to all the requirements of these regulations and obtain a land use permit from the Zoning Administrator.

(D) Height Limitations.

(1) The height limitations of these regulations shall not apply to church spires, belfries, cupolas, penthouses, and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulk heads, other similar features, and necessary mechanical appurtenances usually carried above the roof level.

(2) The provisions of these regulations shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five (5) feet.

(E) Lot Coverage. In calculating the percentage of lot coverage or required yards for the purpose of applying these regulations, the features of a structure, as hereafter set forth, shall not be included as coverage nor be considered an infringement into the required yards:

(1) Unenclosed steps, stairways, landings, and stoops not extending above the ground level.

(2) Unenclosed surfaced walks and driveways.

(3) Fence or trestles not exceeding six (6) feet. In residence districts, fences in front yards shall be open.

(4) Retaining walls not more than eighteen (18) inches higher than the grade of the ground retained.

(5) Flue or fireplace chimney attached to the main building.

(6) Bay windows extending not more than eighteen (18) inches from the main building.

(7) Cornices, canopies, and eaves not extending more than three (3) feet.

(8) Open fire escape not projecting into a required side yard more than half the width of such yard.

(9) Fire escapes, solid floor balconies, and enclosed outside stairways projecting to within twelve (12) feet of the rear lot line.

(10) For the purpose of the side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one building occupying one lot.

(F) Fences. Except as otherwise specifically provided in other codes, ordinances, or resolutions, the following regulations shall apply to the construction of fences:

(1) No fence shall be constructed which will constitute a traffic hazard, and no fence shall be constructed in a required front yard unless the Zoning Administrator has certified that the proposed fence will not constitute a traffic hazard.

(2) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(3) No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight, or hindering ventilation or any fence which shall adversely affect the public health, safety, and welfare.

(4) No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet; provided, however, that the Board of Zoning Appeals may, by exception, authorize the construction of a fence higher than six (6) feet if the Board finds the public welfare is preserved.

(5) All fences shall conform to the construction standards of all other applicable codes, ordinances, and resolutions.

(G) Building Setback Lines. Building setback lines are hereby established for all arterial and collector streets, as shown on the approved major street plan. The setback lines, as established in this section, shall be held to be the minimum for the purpose of promoting the public health, safety, morals, order, convenience, and economy in the process of development and shall conform with the following requirements:

(1) Arterial Streets: No building or structure, which fronts or sides on an arterial street, shall be located nearer to the centerline of the arterial street than the sum of the required front yard (in feet) plus fifty (50) feet.

(2) Collector Streets: No building or structure, which fronts or sides on a collector street, shall be located nearer to the centerline of the arterial street than the sum of the required front yard (in feet) plus forty (40) feet.

(H) Temporary Uses. The following uses of land are allowed with special zoning permit in each district unless specifically restricted to particular districts and are subject to the regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:

(1) Carnival or circus may temporarily be located in any district. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(2) Christmas trees sales may temporarily be located in any district except residential districts, for a period not to exceed sixty (60) days. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(3) Concrete and asphalt batching plants are permitted temporarily in any district when being used as part of a local construction project. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(4) Contractor's office and equipment sheds or manufactured homes accessory to a local construction project and to continue only during the duration of such project. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(5) Seasonal sale of farm produce grown on the premises in an agricultural or residential district to continue for not more than six months per year. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(6) Fireworks may be sold from an outside stand in Planned Development districts during June and July when all other applicable regulations have been met and such stand is removed other times of the year. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(7) Promotional activities of retail merchants involving the display and sale of goods may periodically be displayed outside an enclosed building when the goods are of a type generally sold within the building. These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, used appliances, used plumbing, used housewares, used building material, or similar display or sale in any business districts, unless permitted by other sections of these regulations.

(8) Periodic conduct of what is commonly called “garage or yard sales” which do not exceed a period of more than three (3) days at any one sale and no more than three (3) sales at a dwelling during any calendar year. These uses do not require a zoning permit or approval of the Governing Body unless it is required by other regulations, codes or resolution.

(I) Home Occupations. Home occupations that are customarily incidental to the principal use of a residential building shall be permitted where indicated by the district regulations provided the residential appearance of the building is maintained and no undue traffic or parking problems are created.

Use Limitation. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

(1) The home occupation shall be conducted entirely within the principal residential building or in a private garage or accessory structure.

(2) No alteration of the principal residential building shall be made which changes the character thereof as a dwelling or causes goods to be displayed visibly from the dwelling or on the grounds; provided the latter is not otherwise permitted by other sections of these regulations.

(3) No sign shall be permitted other than one (1) business sign not to exceed four (4) square feet.

(4) No more than twenty-five (25) percent of the area of the dwelling shall be devoted to the home occupation; provided, however, that rooms let to roomers are not subject to this limitation.

(5) There shall be no outdoor storage of equipment or materials used in the home occupation.

(6) Goods or stock for sale on or off the premises may be stored in enclosed areas except articles which may constitute a hazard to the safety of adjacent property owners.

(7) No equipment shall be used which shall create undue noise, vibration, electrical interference, smoke or particle matter emission, power demands, or odors which would exceed that produced by normal household equipment.

(8) No more than one (1) person, other than a member of the immediate family occupying such dwelling unit, shall be employed.

(9) The following activities are prohibited as home occupations:

(a) Automobile sales and repair.

(b) Motorcycle sales and repair.

(d) Sale of salvage.

(e) Kennels.

(f) Sale of liquor.

(g) Sale of cereal malt beverages.

(h) Sale of food for consumption on the premises.

(i) Sale of clothing.

(J) Number of Principal Structures Per Lot. Where a lot or tract is used for a nonresidential purpose, more than one principal use may be located upon the lot or tract but only when the building or buildings conform to all yard and open space requirements for the district in which the lot or tract is located.

(K) Sign Distance at Intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines ninety (90) feet from the point of the centerline intersection.

(L) Permitted Obstructions in Required Yards. The following shall not be considered to be obstructions when located in a required yard:

(1) In all yards: Open terraces not over four (4) feet above the average level of the adjoining ground, but not including a permanent roof over a terrace or porch; awnings or canopies; steps four (4) feet or less above grade which are necessary for access to a permanent structure or for access to a lot from a street or alley; one story bay windows and overhanging eaves and gutters projecting thirty-six (36) inches or less into the yard; chimneys projecting thirty-six (36) inches or less into the yard; arbors and trellises; flagpoles; ornamental light and gas fixtures; and permitted signs.

(2) In any yard except a side yard or a front yard adjoining a street: Permitted accessory uses; recreational and laundry drying equipment; and open and closed fences not exceeding eight (8) feet in height.

(3) In a side yard or a front yard adjoining a street: Open and closed fences not exceeding eight (8) feet in height; provided that such fence shall not intrude within the required sight distance at intersections.

(M) Lots to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(N) Yard Requirements for Open Land. If a lot is or will be occupied by a permitted use without structures, then the minimum setback and minimum side and rear yards that would otherwise be required for such a lot shall be provided and maintained unless some other provision of these regulations requires or permits a different minimum setback, front, side, or rear yard. The front, side, and rear yards shall not be required on lots used for open public recreation areas.

(O) Lot Size Requirements and Bulk Regulations for Public Utility Facilities. Notwithstanding any other provision of these Regulations, none of the following public utility or public service uses shall be required to comply fully with the lot size requirements and bulk regulations of the zoning district in which they are located except as may be determined by the Board of Zoning Appeals where a special use permit is required in certain districts:

(1) Electrical and telephone substations.

(2) Gas regulator stations.

(3) Pumping stations.

(4) Radio, television, and microwave transmitting or relay stations and towers.

(5) Water towers or standpipes.

(P) Sewer and Water Facilities.

(1) In all districts except agriculture, it is the intention of these Regulations to encourage the installation of public water supplies and sewerage disposal systems or to connect to such systems, if available for use, and provided within an economically feasible distance.

(2) In areas where such public facilities are not yet available and on-site wells, cisterns, and septic tank systems or lagoons are necessary, the suitability of the lot(s) and the standards for installation of such on-site water supply and sewerage disposal systems shall be governed by the standards set forth in the Potawatomi Environmental and Sanitation Code.

(Q) Protection of Sewers and Utility Lines. No building or addition thereto shall be erected over or across any public sewer or utility line nor upon any platted or recorded easement unless permission is granted in writing by the Governing Body and the public utility whose lines are involved, if any.

(R) Dedication of Rights-of-Way and Easements. The Governing Body, after receiving a recommendation from the Planning Commission, may require the dedication of additional street rights-of-way and/or easements for utilities as a condition related to a change in zoning on a lot due to the increased intensity of use by either requiring that the lot be platted or replatted according to the Subdivision Regulations in this Title or, in lieu of platting by a legal document, making such required dedications to the Potawatomi Nation.

(S) Vacated Rights-of-Way. Whenever any road, street, alley, railroad, or other right-of-way is vacated by official action of the Governing Body, the current zoning district(s) for such right-of-way shall remain in effect after such vacation, unless procedures are initiated to amend the district classification.

(T) Moving Structures. No structure shall be moved into the zoning jurisdiction, nor from one location to another location within the zoning jurisdiction, unless such structure shall, when relocated, be made to conform fully with these regulations and other codes of the zoning jurisdiction. No zoning permit shall be issued unless the general height and outward appearance of such structure conforms to other structures in the immediate area to which it is to be moved and in the area opposite to such an extent that its relocation shall not be detrimental to the appearance or have no substantial adverse effect on property values of the adjacent properties.

(U) Location or Replacement of Manufactured Housing. Notwithstanding other provisions of these Regulations, the Zoning Administrator is authorized to issue a zoning permit for a manufactured housing unit under the following provisions:

(1) Wherever a manufactured housing unit is moved from a lot within a district in which it is a permitted use, another manufactured housing unit may be moved onto the lot. In the case of a nonconforming manufactured housing unit use, such a move must take place within six (6) months from the date that the previous manufactured unit was moved off the lot, otherwise such use shall not thereafter be resumed; provided, however, that any nonconforming manufactured housing unit in a flood plain area may not be replaced. In reestablishing such manufactured housing units after such moves, any existing nonconforming lot size requirements or bulk regulations shall not be increased in their nonconformity, and all such manufactured housing shall be skirted or placed on a foundation within sixty (60) days after being moved onto a lot.

(2) In the event of disasters, such as fires, tornadoes, or floods, whereby expediency is an important factor, a manufactured home may be located in any district at the discretion of the Zoning Administrator with appropriate conditions attached and for a stated period of time.

(3) Where an unusual hardship is shown, the Board of Zoning Appeals may approve a special use permit for a manufactured home to be located on a lot or tract with an existing dwelling for a stated period of time. A time period may be extended upon request to the Board of Zoning Appeals without further notice or fee.

(4) In no event shall a manufactured home be used for the temporary or permanent storage of goods in any district.

Chapter 19-5. Supplementary District Regulations
Section 19-5-2. Family Homestead and Family Farm Exemptions

Land may be subdivided for the purpose of allowing a parcel of property to be used for a family homestead or for perpetuation of a family farm. The parcel may be subdivided, regardless of the density assigned to the property by these Regulations, provided:

(A) The parcel to be subdivided as a homestead was in existence, and owned by the person or party wanting to provide a homestead for a relative (one of the relatives listed in the definition of family homestead in Section 19-11-1), prior to January 1, 1970;

(B) The parcel to be subdivided to perpetuate a family farm was in existence, and owned and operated for agricultural purposes by the person or party wanting to provide for the perpetuation of the family farm for a relative (one of the relatives listed in the definition of family homestead in Section 19-11-1), prior to January 1, 1995. The recipient must continue to work in the family business and reside on the property;

(C) The individual receiving the subdivided parcel, for either of the above exemptions, has not previously been the recipient of a parcel created under these same provisions; and

(D) All resulting parcels created under this provision meet all other provisions of these Regulations. Notwithstanding the above, no quarter of a quarter-section shall exceed a density of 8 dwelling units within that 40 acres.

Chapter 19-6. Nonconforming Lots, Buildings, and Uses
Section 19-6-1. Nonconforming Lots, Buildings, and Uses Which May Be Continued

(A) A lot or group of lots which were platted and recorded in the office of the Register of Deeds prior the effective date of these regulations may be used for any purpose permitted in the district in which it is located; provided, however, that no residential land use permit shall be issued for construction of a residential structure on a lot or group of lots that do not conform with the minimum yard and height requirements unless specifically authorized by the Board of Zoning Appeals.

(B) Nonconforming Buildings. The lawful use of a building located upon any land, except as provided below, may be continued although such use does not conform with the provisions of these Regulations and such use may be continued throughout the building if no structural alterations are made therein, except those required by law. If no structural alterations are made in such building, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted use classification. The foregoing provisions shall also apply to any uses of the buildings which may be made nonconforming by any subsequent amendment or change of these Regulations.

(1) A use of land which existed prior to the effective date of these Regulations.

(2) A use of land existing at the time of annexation to the reservation.

(3) A use of land existing at the time an amendment is made to these Regulations which changes such land to a more restricted district.

Chapter 19-6. Nonconforming Lots, Buildings, and Uses
Section 19-6-2. Nonconforming Lots, Buildings, and Uses Which May Not Be Continued

(A) Whenever a nonconforming use of a building has been changed to a more nonconforming use, such use shall not thereafter be changed to a less nonconforming use.

(B) A nonconforming building which has been damaged to the extent of more than fifty (50) percent of its structural value by fire, explosion, act of God, or the public enemy shall not be restored, except in accordance with all regulations of the zoning district.

(C) Any nonconforming use that discontinues operation for a period longer than six (6) months, shall thereafter not be continued unless it fully conforms to the district regulations.

(D) Any use which is accessory to a nonconforming use shall not continue after the principal structure or use ceases or is discontinued.

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-1. Enforcement

The Prairie Band of Potawatomi Nation Zoning Administrator shall administer and enforce these Zoning and Subdivision regulations. Appeals from the decision of the Zoning Administrator may be made to the Board of Zoning Appeals.

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-2. Land Use Permit Required

(A) Subsequent to the effective date of these Zoning and Subdivision regulations, except for agricultural uses, no change in the use of land nor any change in the use of an existing building shall be made until a land use permit has been issued by the Zoning Administrator. The Zoning Administrator shall not issue this permit unless the proposed use of the property meets all requirements of these Regulations.

(B) No permit for excavation or erection or alteration of any building shall be issued before an application has been made and approved for a land use permit, and no building or premises shall be occupied until this permit is approved.

(C) A record of all land use permits shall be kept on file in the office of the Zoning Administrator and copies shall be furnished to any person having an interest in the land or building affected.

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-3. Application Requirements

(A) Application. Every application for a land use permit shall be accompanied by a drawing, drawn to scale, showing the actual dimensions of the zoning lot in reference to a recorded plat, if any exists, and showing the location, ground area, height, and bulk of all present and proposed structures, drives and parking, loading spaces, signs, building lines in relation to lot lines, the use to be made of such structures, and such other information as may be required by the Zoning Administrator for the proper enforcement of regulations.

(B) Issuance. Land use permits shall be either issued or refused by the Zoning Administrator within ten (10) days after the receipt of an application thereof or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a land use permit, he or she shall advise the applicant in writing of the reasons for the refusal.

(C) Permit Revoked. A permit issued in accordance with the provisions of these Regulations may be revoked by the Zoning Administrator if he or she finds that, prior to the completion of the structure for which the permit is issued, there is a departure from the approved plans, specifications, and/or requirements or conditions required under the terms of the zoning permit, or the same was issued under false representation, or that any other provisions of these Regulations are being violated.

(D) Period of Validity. Permits shall become null and void ninety (90) days after the date on which they are issued unless within said period construction, structural alteration, or moving of a structure is commenced or a use is commenced. If the construction or work is abandoned or suspended for any one hundred eighty (180) day period after such a permit is issued, then application must be made for a new permit.

(E) Fees. Any application for a land use permit, appeal, variance, special use permit, or amendment (change in zoning district), shall be accompanied by such fee as shall be officially specified by resolution from time to time by the Governing Body.

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-4. Violation and Penalty

(A) The owner or his/her agent of a building or premises in or upon which a violation of any provision of these Regulations has been committed or shall exist; or the leasee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor, or any other person who commits, takes part, or assists in any violation, or who maintains any building or premises in or upon which a violation has been committed or shall exist, shall be punished by a fine not to exceed five hundred (500) dollars, or by imprisonment for not more than six (6) months for each offense, or by both such fine and imprisonment. Each and every day that such violation continues shall constitute a separate offense.

(B) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of these Regulations, the appropriate authorities of said area, in addition to other remedies, may institute an injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, or maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.

Chapter 19-8. Board of Zoning Appeals
Section 19-8-1. General Structure and Operation

(A) Board Of Zoning Appeals Established: A Board of Zoning Appeals is hereby established. Such Board shall consist of not less than three (3) nor more than seven (7) members, all of whom shall be residents of Prairie Band Potawatomi reservation or members of the Prairie Band Potawatomi Nation, appointed by the Governing Body. The members of the first appointed shall serve respectively for terms of one (1), two (2), and three (3) years, divided as nearly equally as possible among the members. Thereafter members shall be appointed for terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired term. All members of said Board shall serve without compensation. In the absence of Board members otherwise appointed, the Governing Body shall act ex officio as the Board.

(B) Election Of Officers: The Board shall annually elect one (1) of its members as chairperson and shall appoint a secretary who may be an officer or an employee of the Nation.

(D) Meetings: Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine.

(E) Records: The Board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the Board, decisions of the Board, and voting upon each question. Records of all official actions of the Board shall be filed in its office and shall be a public record.

(F) Filing Fee: The Governing Body, in the resolution creating the Board, shall establish a scale of fees to be paid in advance by the party appealing or seeking other decisions of the Board.

Chapter 19-8. Board of Zoning Appeals
Section 19-8-2. Public Hearing and Notice

The Board of Zoning Appeals shall fix a reasonable time for hearing of an appeal or other matter referred to it. Notice of the time, place, and subject of such hearing shall be published once in the official county newspaper at least twenty (20) days prior to the date fixed for the hearing. A copy of said notice shall be mailed to each party to the appeal and to the Planning Commission.

Chapter 19-8. Board of Zoning Appeals
Section 19-8-3. Powers and Jurisdiction

The Board of Zoning Appeals shall administer the details of appeals and other matters referred to it regarding the application of the Zoning Regulations. The Board shall have the following specific powers:

(A) To hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these Regulations.

(B) To interpret the provisions of these Regulations in such way as to carry out the intent and purposes of the adopted reservation Land Use Plan, and as shown upon the zoning district map fixing the several districts which are accompanying and made a part of these Regulations, where the street layout actually on the ground varies from the street layout as shown on the zoning district map.

(C) To authorize, in specific cases, a variance from the specific terms of these Regulations which will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of these Regulations in an individual cases results in unnecessary hardship, and provided that the spirit of these Regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by these Regulations in such district.

(D) To grant exceptions to the provisions of these Regulations in those instances where the Board is specifically authorized to grant such exceptions and only under the terms of these Regulations. In no event shall exceptions to the provisions of these regulations be granted where the use or the exception contemplated is not specifically listed as an exception in these Regulations. Further, under no conditions shall the Board of Zoning Appeals have the power to grant an exception when conditions of this exception, as established in these Regulations by the Governing Body, are not found to be present.

Chapter 19-8. Board of Zoning Appeals
Section 19-8-4. Procedure

(A) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any officer of the Nation, or any governmental agency or body affected by any decision of the official administering the provisions of these Regulations.

(B) Appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing a notice of appeal specifying the grounds thereof and payment of the required filing fee.

(C) Appeals and requests to the Board for variances and exceptions to these Regulations shall be prepared and submitted on forms approved and furnished by the Secretary of the Board.

(D) After filing the required appeal or request and payment of the required fee, the Board of Zoning Appeals shall advertise and hold a public hearing as provided above.

(E) Notice of the decision of the Board of Zoning Appeals shall be in writing and transmitted to the appellant. A copy of such decision shall also be transmitted to the Zoning Administrator for filing and action, if action is required.

(F) Any person, official, or governing agency dissatisfied with any order or determination of said Board may bring an action in the Prairie Band of Potawatomi Tribal Court, to determine the reasonableness of any such order or determination. Such appeal shall be filed within thirty (30) days of the final decision of the Board.

Chapter 19-8. Board of Zoning Appeals
Section 19-8-5. Variances to This Zoning Resolution

(A) The applicant must show that his or her property was acquired in good faith and, where by reason of exceptional narrowness, shallowness, or shape of his/her specific piece of property at the time of the effective date of these Regulations, or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances, that the strict application to the terms of these Regulations actually prohibit the use of his or her property in the manner similar to that of other property in the zoning district where it is located.

(B) Variances for yard regulations may not be more than one-half (1/2) the required yard and shall not encroach upon the required setback for adjacent buildings.

(1) The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or the applicant.

(2) The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.

(3) The strict application of the provisions of these Regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

(4) The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.

(5) Granting the variance desired will not be opposed to the general spirit and intent of these Regulations.

(D) In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the order, requirements, decision, or determination appealed from the Zoning Administrator. The Board may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the same powers as the Zoning Administrator from whom the appeal is taken. If the Board approves the variance, they shall notify the Zoning Administrator of their decision and shall instruct him or her to issue a permit. A time limit may be specified as a condition for granting the appeal.

(E) Every variance granted or denied by the Board shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance, a copy of which shall be filed in the office of the Zoning Administrator to be available for public inspection.

Chapter 19-8. Board of Zoning Appeals
Section 19-8-6. Exceptions to This Zoning Resolution

(A) Exceptions to these Regulations, as authorized by the district regulations, shall be made by special use permit after the request has been duly advertised and a public hearing held as required by these Regulations.

(B) Prior to review of the request of an exception by the Board of Zoning Appeals, the applicant shall:

(1) File an application on forms provided.

(2) File with the application a statement certifying that the applicant is the lawful owner of the real estate upon which the excepted use is proposed or that he has the lawful right to receive a conveyance thereof if the application is granted.

(3) File a form of declaration of restrictions indicating use which is to be made by the legal owner if the application is granted. Said restrictions must show that use of the land will be solely that which was applied for as an excepted use. The restriction must provide that, if such use is abandoned or is proposed to be changed, the subsequent use shall be in conformity with these Regulations in effect as to the land prior to authorization of the exception, unless a new application for an excepted use is made and granted.

(1) Legal dimensions of the tract to be used.

(2) Location of all proposed improvements including curb-cut access, off-street parking, and other such facilities as the applicant proposes to install.

(3) Grade elevations.

(4) Building setbacks from all property lines.

(5) Front, side, and rear elevations of all improvements to be erected.

(6) Perspective drawings of the proposed improvements in such detail as will clearly show the finished appearance of the improvements proposed.

(7) Location and type of planting, screening, or walls.

(8) Such other items as the Board shall deem reasonably necessary to process the application properly.

(D) In considering any application for an exception hereunder, the Board of Zoning Appeals shall give consideration to the reservation Land Use Plan and the health, safety, morals, comfort, and general welfare of the public, including, but not limited to, the following factors:

(1) The stability and integrity of the various zoning districts.

(2) Conservation of property values.

(3) Protection against fire and casualties.

(4) Observation of general police regulations.

(5) Prevention of traffic congestion.

(6) Promotion of traffic safety and the orderly parking of motor vehicles.

(7) Promotion of the safety of individuals and property.

(8) Provision for adequate light and air.

(9) Provision for public utilities and schools.

(10) Invasion by inappropriate uses.

(11) Value, type, and character of existing or authorized improvements and land uses.

(12) Encouragement of improvements and land uses in keeping with overall planning.

(13) Provision for orderly and proper urban renewal, development, and growth.

(E) Exceptions may be granted by the Board of Zoning Appeals only where special use permits are specifically authorized by the district regulations.

Chapter 19-8. Board of Zoning Appeals
Section 19-8-7. Performance

(A) In making any decision varying or modifying any provisions of these Regulations or in granting an exception to the district regulations, the Board of Zoning Appeals shall impose such restrictions, terms, time limitations, landscaping requirements, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.

(B) In lieu of actual construction of an approved off-street parking lot or other required improvements, the Board of Zoning Appeals may accept, in the name of the Governing Body, a corporate surety bond, cashier's check, escrow account, or other like security in an amount to be fixed by the Governing Body and conditioned upon actual completion of such improvements within a specified time, and the Governing Body may enforce such bond by all equitable means. Bonds or other security shall be filed with the Governing Body.

Chapter 19-9. Amendments

GENERAL NOTES

The Governing Body may, from time-to-time, amend, supplement, or change the district boundaries or any other part of these regulations. A proposal for an amendment or a change in zoning may be initiated by the Governing Body or by the Planning Commission or upon application of the owner of the property affected. All such proposed changes shall first be submitted to the Planning Commission for public hearing, recommendation, and report. The Planning Commission shall hold a public hearing thereon and shall cause an accurate, written summary to be made of the proceedings.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-1. Application

When the owner of the property affected proposes an amendment to any of these regulations or to any zoning district created thereby, an application for such amendment shall be filed with the Zoning Administrator who will refer it to the Planning Commission for a hearing. The application shall be in such form and contain such information as shall be prescribed from time-to-time by the Planning Commission, but shall contain the following minimum information:

(A) The applicant's name and address.

(B) The precise wording of any proposed amendment to the text of these Regulations.

(1) The name and address of the owner(s) of the property.

(2) A general location and legal description of the property.

(3) The present zoning district and existing uses of the property.

(4) The dimensions of the property and the area stated in square feet or acres or fractions thereof.

(5) An ownership list of names, addresses, and zip codes of the owners of all property located within one thousand (1,000) feet of the exterior boundaries of the property to be considered in the amendment application.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-2. Filing Fee

For the purpose of wholly or partially defraying the costs of the proceedings prescribed herein, including publication costs, the applicant, upon the filing of the application, shall pay to the Zoning Administrator a fee in the amount set out in a schedule of fees approved by the Governing Body. Promptly upon the filing of any such application, the Zoning Administrator shall refer the application to the Planning Commission for study, public hearing, and recommendation.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-3. Public Hearing and Notice

Before the Planning Commission shall, by proper action, formulate its recommendation to the Governing Body on any such proposed or requested change of zoning district boundary or regulation, whether initiated by the Governing Body or the Planning Commission or by others, the Planning Commission shall cause a notice of public hearing to be published once in the official county newspaper and at least twenty (20) days shall elapse between the date of such publication and the date set for the hearing. Such notice shall fix the time and place for such hearing and shall contain a statement regarding the proposed changes in the regulations or restrictions or in the boundary of any district, and if such proposed amendment will affect specific property, the legal description and general street address shall be given; provided that, in addition to such publication notice, written notice of such proposed change shall be mailed to all the owners of land located within one thousand (1,000) feet of the area proposed to be altered. An opportunity shall be granted to interested parties to be heard. Failure to receive such notice shall not invalidate any subsequent action taken when notice has been properly addressed and deposited in the mail.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-4. Zoning Classifications of Lesser Change

(A) The Planning Commission and the Governing Body may recommend and approve a lesser change in zoning districts without re-publication of a notice or re-distribution of notices to property owners when such change is more restrictive than the district which is applied for as shown on the table below; provided however, that such recommendation and approval shall not be for a district which is less restrictive than the existing zoning district. If the applicant at the Governing Body meeting, at which a zoning amendment is being considered, desires to amend the application and/or the Governing Body desires to consider a “lesser” zoning change, then such a proposed change shall be returned to the Planning Commission for reconsideration and further recommendation to the Governing Body without further publication or notice.

(B) For purposes of this section, zoning classifications of lesser change shall be as shown below, based on descending order of use restriction:

Most Restrictive
	H-P	Habitat Protection District
	A-P(40)	Agriculture Protection District (40 Acres)
	A-P (20)	Agriculture Protection District (20 Acres)
	R-5	Five Acre Rural Residential District
	R-S	Rural Residential Subdivision District
	P-D	Planned Development District
Least Restrictive

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-5. Protest

If a protest against such amendment to rezone is filed in the office of the Zoning Administrator within fourteen (14) days after the date of the conclusion of the public hearing pursuant to said publication notice, said protest being duly signed and acknowledged by the owners of record of twenty (20) percent or more of any real property proposed to be rezoned or by owners of record of twenty (20) percent or more of the total area required to be notified of the proposed rezoning of a specific property, excluding streets and public ways, the resolution adopting such amendment shall not be passed except by at least a five-sevenths (5/7) vote of all the members of the Governing Body.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-6. Planning Commission General Structure and Operation

(A) Planning Commission Established: A Planning Commission is established. Such Commission shall consist of seven (7) members, all of whom shall be residents of Prairie Band Potawatomi reservation or members of the Prairie Band Potawatomi Nation. At least three (3) of the Commission's members shall be non-members of the Nation to provide for non-Indian participation in the decision making process. Commission members shall be appointed by the Governing Body. The members shall serve up to three year terms which shall be reasonably staggered. After providing for the staggering of terms, members shall generally be appointed for terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired term. All members of said Commission shall serve without compensation except for a stipend to cover estimated expenses.

(B) Election of Officers: The Commission shall annually elect one (1) of its members as chairperson, one (1) as vice-chairman and shall appoint a secretary who may be an officer or an employee of the Nation.

(D) Meetings: Meetings of the Commission shall be held at the call of the chairperson, or in the chairperson's absence by the vice-chairperson, and at such other times as the Commission may determine. Unless otherwise provided by a resolution of the governing body, action shall be taken by a majority vote of the members present and voting.

(E) Records: The Commission shall keep minutes of its proceedings, showing evidence presented, findings of fact, decisions, and voting upon each question. Records of all official actions shall be filed in its office and shall be a public record.

(F) Filing Fee: The Governing Body may establish a scale of fees to be paid by a party having matters before the Commission.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-7. Annual Review

In order to maintain these regulations, the Planning Commission may annually hold a public review to consider amendments, if any, to these regulations. Notification of such a public review may be distributed to governmental agencies and interested parties. During the intervening period between reviews, the Administrator shall maintain a list of possible amendments which may be periodically brought to his or her attention.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-8. Administration

(A) Duties of the Zoning Administrator.

(1) Maintain permanent and current records with respect to these regulations including amendments thereto. Keep minutes and agendas of all meetings and hearings.

(2) Accept applications, filing fees, and preliminary and final plats.

(3) Transmit preliminary and final plats to the Planning Commission.

(4) Transmit Planning Commission recommendations regarding acceptance of dedications or easements to the Governing Body for its action.

(5) Transmit final plats to the County Clerk to file with the County Register of Deeds on behalf of the Prairie Band of Potawatomi Nation.

(6) Make other determinations and decisions as may from time to time be required by these regulations.

(B) Duties of the Planning Commission.

(1) Review and approve, approve conditionally, or disapprove preliminary plats.

(2) Review and recommend approval, conditional approval, or disapproval of final plats and transmit the same together with recommendation for acceptance of dedications of easements and rights-of-way to the Governing Body for their review.

(3) Make other determinations and decisions as may from time to time be required by these regulations.

(1) Take actions as required from time to time including the consideration of amendments to these regulations and other actions under these regulations.

(2) Consider Planning Commission recommendations on final plats and accept or reject dedications of easements and rights-of-way.

(3) Approve engineering drawings of proposed improvements prior to construction.

(4) Accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by the regulations.

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-9. Appeals to Tribal Court

Within thirty (30) days of a final decision of the Board of Zoning Appeals or Governing Body any person aggrieved thereby may maintain an action in tribal court, which shall be heard under the arbitrary and capricious standard of review and with the presumption that the decision was reasonable.

Chapter 19-10. Subdivision Regulations
Section 19-10-1. General Provisions

(A) Title. These regulations shall be known and may be cited as the “Subdivision Regulations for Prairie Band of Potawatomi Reservation”, and shall hereinafter be referred to as “these regulations”.

(B) Purpose and Intent. It is the purpose of these regulations to provide for proper and harmonious development practices toward the goal of fostering wise use and conservation of the land resources of the Potawatomi reservation. Within this purpose, these regulations are intended to:

(1) Promote the purposes itemized in Section 19-1-1 of this Title.

(2) To preserve the natural beauty and topography of the reservation and to insure appropriate development with regard to these natural features.

(3) To secure safety from fire, traffic accidents, and other public concerns that can occur due to poor land use practices.

(4) To establish reasonable standards of design and procedures for subdivision and resubdivisions; to further the orderly layout and use of land to insure proper legal descriptions and proper monumenting of subdivided land.

(5) To provide for the actual construction of physical improvements.

(6) To provide equitable processing of all subdivisions and land development proposals by providing uniform procedures and standards.

(C) Authority and Jurisdiction. These regulations are adopted pursuant to the authority enumerated in this Title and shall apply to all land and structures within reservation land of the Nation.

(D) Applicability. The regulations contained herein shall apply to the subdivision of a tract or parcel of land into two or more lots, tracts, or other divisions of land for the purpose of sale or building development, whether immediate or future, including the resubdivision or replatting of land or lots.

(E) Exemptions. The following shall be exempt from the requirements of these regulations:

(1) Any lot, parcel, or tract of land within the area of jurisdiction which was legally subdivided, resubdivided, or replatted prior to the adoption of these regulations.

(2) Any lot, parcel, or tract of land which has been ordered by law to be partitioned.

(3) Correction of a legal description in a prior conveyance.

(4) Land which is to be used for cemetery purposes.

(5) A division of land in accordance with the provisions of these regulations which creates no more than one additional lot or tract and which does not involve any new streets or easements of access; is not located in an area subject to flooding; which meets the standards set by these regulations for the disposal of sewage and for water supply including lot size; and which conforms with any applicable zoning regulations, provided that the resulting tracts shall not again be divided without replatting.

(6) A transaction between owners of adjoining land involving only a change in the boundary between the land owned by such persons and which does not create an additional lot or which does not result in the creation of a substandard lot by either owner according to any applicable zoning regulations or sanitary code.

(7) Any lot split in industrially zoned areas divided in accordance with the provisions of these regulations.

(8) A division or further division of land into lots or tracts, each of which contains forty (40) or more acres, and which will not involve new streets or easements of access, is not located in an area subject to flooding, is to be used for agricultural or single-family residential purposes only, and conforms with any applicable zoning regulations and sanitary code.

(9) Land used for a public purpose including the dedication of land for a public use or instruments relating to the vacation of land for a public use.

(10) Land used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, state, or federal regulations, where no new street or easement of access is involved.

(F) Rules of Construction. In the construction of these Regulations, the provisions of Section 19-1-6 of this Title shall apply:

(G) Interpretation.

(1) In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare of the citizens of the reservation.

(2) These regulations are not intended to interfere with, abrogate, or annul any other resolution, regulation, statute, or other provision of law. Where any provision herein imposes restrictions, different from those imposed by any other provision of these regulations or any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

(3) These regulations are not intended to abrogate any easement, covenant, or other private agreement, provided; that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement the requirements of these regulations shall govern.

(4) A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these Regulations.

(H) Notice to Other Governments. Written notice of any amendments to the text of these regulations or to the Zoning District Map may be given to the Governing Body of any county and of any incorporated city within three (3) miles of the reservation and may be given to others as may be appropriate.

Chapter 19-10. Subdivision Regulations
Section 19-10-2. Plat Approvals, Vacation Procedure, Vesting of Development Rights

(A) Plat Approval Required. All plans, plats, or replats of land laid out in building lots, and the streets, alleys, or other portions of the same intended to be dedicated for the public use, or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto, shall be submitted to the Planning Commission for their consideration. The Planning Commission shall submit its recommendation with the final plat to the Governing Body for their official consideration and final action.

(B) Approvals Required For Plat Recording. The Register of Deeds of the County shall not record any plat until such plat is approved by the Planning Commission and the Governing Body as provided herein.

(C) Vacation of Plats. Any plats or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. Such an instrument shall be approved by the Planning Commission in like manner as plats of a subdivision. The Governing Body, however, may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys. Such an instrument shall be executed, acknowledged or approved, and recorded or filed, in like manner as plats of a subdivision; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat. When lots have been sold, the plat may be vacated in the manner herein provided by all owners of lots in such plat joining in the execution of such written instrument.

(D) Vesting of Development Rights.

(1) For the purpose of single-family residential development, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within five years of recording a plat, the development rights in such shall expire.

(2) For all purposes other than single-family developments, the right to use the land for a particular purpose shall vest upon the issuance of all permits required for such use by the Zoning Administrator provided construction has commenced and substantial amounts of work have been completed under a valid permit.

Chapter 19-10. Subdivision Regulations
Section 19-10-3. Application Procedure and Approval Process

(A) Preapplication Requirements. Prior to the filing of a sketch plans or preliminary plat, the subdivider shall contact the Zoning Administrator to determine:

(1) Subdivision requirements.

(2) Procedure for filing his or her plat.

(3) Availability of an approved public sewerage system and public water system.

(4) Reservation Land Use Plan requirements for major streets, land use, parks, easements, schools, and public open spaces.

(5) Zoning requirements for the property being subdivided and adjacent properties.

(B) Sketch Plan. The subdivider is encouraged to submit a sketch plan in order to receive the pre-plat comments of the Planning Commission. Such numbers of copies of the plan, as may be determined necessary by the Planning Commission, shall be submitted to the Administrator at least ten (10) days prior to the next regular meeting of the Planning Commission. The sketch plan may be in a simple format sufficient in content to show the general location of the subdivision; the existing and proposed location of streets, lots, utilities, public services areas, such as parks and schools; and any significant physical features; and to note any particular site design problems. A narrative description of existing conditions and development proposals may supplement the plan. Following Planning Commission review, the Administrator shall, within fifteen days, advise the subdivider of the results of the review.

(1) After reaching the preliminary conclusions regarding requirements of the proposed subdivision, the subdivider shall submit a preliminary plat together with required supplementary information to the Zoning Administrator. The plat and accompanying documentation shall be filed with the Administrator at least twenty (20) days prior to the next regular meeting of the Planning Commission. The subdivider shall submit such number of copies of the preliminary plat as may be determined necessary by the Planning Commission for proper review by affected and interested governmental and public and private organizations.

(2) After the filing of the preliminary plat, the Administrator shall distribute copies to affected and interested governmental, public, and private organizations as appropriate. Organizations receiving copies shall have fifteen (15) days to review the preliminary plat and to make their report and recommendations to the Planning Commission. A lack of response within fifteen (15) days, at the discretion of the Planning Commission, signify approval.

(3) The Planning Commission shall review the preliminary plat and submitted recommendations to determine compliance with these regulations, zoning regulations, and the Reservation Land Use Plan. If all considerations are satisfied, the Planning Commission shall approve, by signature, the preliminary plat.

(4) If the Planning Commission determines that the preliminary plat does not satisfy the applicable requirements, it may:

(a) Allow the subdivider to amend the preliminary plat so as to incorporate such modification and resubmit the preliminary plat to the Planning Commission. After resubmission the Planning Commission shall grant its approval provided that all modifications are made under the original agreement.

(b) The subdivider may reject the suggested modifications, or within the allowed time limits, may refrain from taking action. In either case, the effect shall be disapproval and the Planning Commission shall furnish the subdivider with a written statement setting forth the reasons for disapproval.

(5) In any event, the Planning Commission shall approve or disapprove the preliminary plat within sixty (60) days from the date of filing such plat or from the date the subdivider has submitted the last item of required information, whichever date is later unless such time is extended by mutual consent.

(6) The subdivider may appeal the disapproval of his or her preliminary plat to the Governing Body. Such appeal shall be made in writing and filed with the Administrator within sixty (60) days after the date the Planning Commission issues its disapproval of the preliminary plat.

(7) Approval of the preliminary plat shall have the following effects:

(a) Such approval shall be considered permission to submit the final plan or plat.

(b) Approval for submission shall be effective for no more than one (1) year from the date approval was granted but an extension of time may be granted for good cause for a maximum period of six (6) months.

(D) Final Plat.

(1) A final plat, together with a sufficient number of copies as determined by the Planning Commission, shall be filed within twelve (12) months of the date of the approval of the preliminary plat. The application for approval shall be filed with the Administrator at least twenty (20) days prior to the next regular meeting of the Planning Commission.

(2) With the approval of the Planning Commission, the final plat may be for the entire area of the preliminary plat, or it may be developed and submitted as separate units, provided at least one (1) such unit shall be filed within twelve (12) months, and all of the tract shall be final platted within five (5) years, unless an extension of time has been granted by the Planning Commission. Any such extension shall be for no more than one (1) year.

(3) The Planning Commission shall, within sixty (60) days after the final plat has been filed, review and approve the final plat if:

(a) It is substantially the same as the proposed preliminary plat;

(b) There has been compliance with all conditions which may have been attached to the approval of the preliminary plat;

(c) It complies with all of the provisions contained in these regulations and of other applicable regulations or laws; and

(d) The subdivision or resubdivision of the tract of lots does not place an existing permanent structure in violation of the requirements of the zoning regulations.

(4) If the Planning Commission fails to act on the final plat within sixty (60) days after it has been submitted for approval, it shall be deemed to have been approved unless the subdivider shall have consented in writing to extend or waive such time limitation.

(5) Before a final plat is recorded, it shall be submitted to the Governing Body for its approval and acceptance of dedications for streets and other public ways, service and utility easements, and any land dedicated for public use. If the Governing Body disapproves the final plat, they shall advise the subdivider in writing of the reasons for such disapproval.

(6) The Governing Body shall either approve or disapprove the final plat within sixty (60) days after it has been submitted to them for final approval. If they fail to act on the final plat within sixty (60) days, it shall be deemed to have been approved unless the subdivider has consented in writing to extend or waive such time limitation.

(7) The final plat, with all required signatures and in the exact form as approved by the Governing Body, shall be recorded by the subdivider with the County Register of Deeds. The subdivider shall pay the recording fee. Approval of the final plat by the Planning Commission and the Governing Body shall be null and void if the plat is not acceptable for recording in the office of the Register of Deeds or is not recorded within sixty (60) days after final approval by the Governing Body. The Register of Deeds shall reproduce copies of the recorded plat for the record keeping purposes of the Nation and other governmental agencies.

(E) Small Tract Platting Procedure.

(1) For certain small tracts, the Planning Commission may approve an abbreviated platting process not requiring submittal of either a sketch plan or a preliminary plat. To qualify for the abbreviated procedure, the proposed subdivision shall comply with the following requirements:

(a) The subdivision shall not include more than ten (10) acres for a residential development, or more than five (5) acres for any other type of development.

(b) The proposed subdivision shall not create more than five (5) lots, tracts, or parcels of land.

(c) The plat shall not create new streets or access easements or other improvements requiring dedication of public spaces.

(d) The plat shall be prepared in the manner required for final plats by these regulations, including all information, documentation, and certifications.

(e) The plat shall be filed for processing and approval in the same manner as required for preliminary and final plats by these regulations.

(2) In order to facilitate the processing and review of plats qualifying for the abbreviated process the Zoning Administrator may require the subdivider to submit supplemental information with the plat, particularly where there are special site conditions such as watercourses or other unique features. Sufficient copies of the plat and supplemental information shall be submitted, as determined by the Zoning Administrator, to allow for review by affected and interested governmental units and the general public.

(3) The approval process for plats filed under the abbreviated procedure shall be the same as that specified by these regulations for a final plat, except for the requirement of an approved preliminary plat.

Chapter 19-10. Subdivision Regulations
Section 19-10-4. Documentation Required for Preliminary and Final Plats

(A) Preliminary Plat. The preliminary plat shall be prepared by a registered land surveyor, licensed engineer, or registered landscape architect drawn to scale of not more than one hundred (100) feet to an inch on a sheet with dimensions of twenty-four (24) by thirty-six (36) inches. Sheets shall be numbered in sequence if more than one (1) sheet is used. The plat shall contain the following:

(1) Name

(a) Name of subdivision if property is within an existing subdivision.

(b) Proposed name if property is not within a previously platted subdivision. This name shall not be so similar to any existing subdivision name as to cause confusion.

(2) Ownership

(a) Name, address, and telephone number of the legal owner or agent of the property and citation of last instrument conveying title to each parcel or property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference.

(b) Citation of any existing legal rights-of-way or easements affecting the property.

(d) Name, address, and telephone number of the professional person responsible for surveys, subdivision design, and for the design of public improvements.

(e) The name and address of the subdivider if other than the owner.

(3) Legal description of property by government lot or by section, township, and range.

(4) General Information

(a) North arrow, graphic scale, written scale, and date of preparation.

(b) A vicinity map showing streets and other general development of the surrounding area.

(c) Sufficient data acceptable to the Zoning Administrator to determine readily the location, bearing, and length of all lines, and to reproduce such lines on the ground; the location of all proposed monuments.

(5) Existing Conditions

(a) Location of property lines and names of all adjoining property owners from the latest assessment rolls. The location of existing easements, burial grounds, railroad rights-of-way, watercourses, and wooded areas.

(b) Location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract and the location and width of proposed streets.

(c) Location and sizes of existing sewers, water mains, culverts, wells, septic tanks, and other underground structures within the tract and immediately adjacent thereto; existing permanent building and utility poles on or immediately adjacent to the site and utility rights-of-way.

(d) If other than public systems are proposed, preliminary proposals for alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage.

(e) The location of pertinent features such as swamps, parks, bridges, and towers. The flood fringe and floodway of any floodplain shall be identified.

(f) Whenever the plat covers only a part of an applicant's contiguous holdings, the applicant shall submit, at a scale of not more than two hundred (200) feet to the inch, a sketch of the proposed subdivision area, together with its proposed street system and an indication of the probable future street and drainage system of the remaining portion of the tract.

(g) The location, bearings, and dimensions of all boundary lines of the property to be expressed to the nearest foot; this boundary survey shall be prepared by a registered land surveyor.

(h) Contour lines or spot elevations based on Mean Sea Level (MSL) or other datum approved by the Planning Commission having the following intervals:

(i) Two (2) foot contour intervals for ground slopes less than ten (10) percent.

(ii) Five (5) foot contour intervals for ground slopes exceeding ten (10) percent.

(iii) Spot elevations where the ground slopes are too flat for contours.

(i) The date of the topographic survey(s) shall be shown including the location, elevation, and description of the bench mark controlling the vertical survey and the location of existing monuments and survey markers.

(6) Proposed Changes to Property

(a) The location and dimensions of all proposed and existing lots expressed to the nearest foot.

(b) Names of all new streets.

(d) The locations and dimensions of all property proposed to be set aside for park and playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation.

(e) Blocks shall be consecutively numbered. All lots in each block shall be consecutively numbered.

(f) A statement of the use of any lot as proposed by the applicant.

(g) Explanation of drainage easements, site assessments, and reservations, if any.

(h) A statement as to the general nature and type of improvements proposed for the subdivision, and in what manner the subdivider intends to finance and provide for their installation, e.g., petition, actual construction, monetary guarantee, etc.

The lack of information under any specified item herein, or improper information supplied by the applicant, shall be cause for disapproval of a preliminary plat.

(B) Final Plat.

(1) The final plat shall be submitted in the form of an original drawing in waterproof ink on mylar or other polyester drafting film drawn to a scale no smaller than one (1) inch to one hundred (100) feet on a twenty-four (24) by thirty-six (36) inch sheet. The final subdivision plat shall be prepared by a registered land surveyor. It is desirable that the drawing of the final plat appear on a single sheet. When this is impossible, a small scale key map shall appear on the first sheet showing the entire area platted and the sheet on which each platted area appears. All revision dates must be shown as well as the following.

(a) Name of subdivision.

(b) A vicinity map showing the location of the subdivision relative to adjacent subdivisions, tracts, and other area development.

(d) The perimeter boundary lines of the subdivision showing all property corners, land lines, distances, bearings, and angles, and other references used in the legal description of the tract. The boundary of the platted areas should be accurately indicated by a heavy solid line.

(e) All lot lines, rights-of-way lines, streets, and easements shall be shown with their dimensions to the nearest one hundredth (.01) of a foot and in actual respective location.

(f) All easements shall be denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements. If an easement is not definitely located on record, a statement of such easement shall be included. The width of the easement with sufficient ties to locate it definitely with respect to the subdivision must be shown. If the easement is being dedicated through the plat map, it shall be properly referenced in the owner's certificate of dedication and identification.

(g) Block numbers or letters continuing consecutively without omission or duplication throughout the subdivision. Such identification shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.

(h) Lot numbers beginning with the number one and numbered consecutively in each block.

(i) Minimum front yard setback lines as established by applicable zoning regulations or other regulations or more restrictive setbacks if desired by the subdivider. The width of the portion of the streets being dedicated and the width of any existing right-of-way.

(j) The name of each street shown on the subdivision plat.

(k) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots or tracts intended for sale.

(l) Protective covenants, if any, shall be lettered on the final plat or submitted on a separate sheet with appropriate references made on the final plat and signed by the subdivider and/or owner.

(m) Any restrictions in addition to the protective covenants shall be lettered on the plat.

(n) The flood fringe and floodway of any floodplain shall be identified on the plat.

(o) North arrow, graphic scale, written scale, and date of preparation.

(p) Sufficient information shall be shown on the plat to allow an experienced surveyor to locate or relocate all points and lines shown on the plat, including all pertinent curve data. The error of closure of the boundaries of any enclosed area within the plat shall not exceed one (1) foot in three thousand (3,000) feet.

(2) Prior to filing the final plat with the Register of Deeds, all boundary, block, and lot corners shall be marked by iron monuments no smaller than three-quarters (3/4) inch in diameter and two (2) feet in length, driven into the ground flush with the existing ground surface. Subdivision boundary corners shall be monumented with an iron bar no smaller than three-quarters (3/4) inch in diameter and thirty (30) inches in length, set rigidly in concrete.

(3) The certificates below, duly signed as appropriate, shall appear on the final plat upon its submittal.

(4) The final plat shall also contain all other certifications, approvals and acceptances which are now, or which may hereafter be, required by any statute or regulation. The form of these certifications may be modified as necessary by the Prairie Band of Potawatomi's legal council to meet statutory or other requirements.

(5) It shall be the responsibility of the subdivider to file the plat with the County Register of Deed's office within sixty (60) days of the date of signature. If the plat is not recorded within sixty (60) days, the Planning Commission may rescind their approval of the plat.

SURVEYOR'S CERTIFICATE

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

I, the undersigned, do hereby certify that I am a registered land surveyor in the State, with experience and proficiency in land surveying; that the heretofore described property was surveyed and subdivided by me, or under my supervision; that all Subdivision Regulations of the Prairie Band of Potawatomi Indian Nation have been complied with in the preparation of this plat; and that all of the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge and belief.

Given under my hand and seal at _______, this ____ day of _______, A.D.

_______

ABSTRACTOR'S CERTIFICATION OF OWNERSHIP

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

I the undersigned, being a duly licensed and bonded abstractor or an authorized representative thereof, hereby certifies that the above is the legal owner(s) of the property shown on this plat.

Dated this _______ day of _______, A.D. _______.

OWNER'S CERTIFICATION AND DEDICATION

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

This is to certify that the undersigned owner(s) of the land described in the Survey Certificate; have caused the same to be surveyed and subdivided on the accompanying plat into lots, blocks, streets, and other public ways under the name of _______; that all highways, streets, alleys, easements and public grounds as denoted on the plat are here by dedicated to and for the use of the public for the purpose of constructing, operating, maintaining, and repairing public improvements; and further that the land contained herein is held and shall be conveyed subject to any restrictions, reservations, and covenants on file or hereafter filed in the Office of the Register of Deeds of County, .

Date Signed: _______ Date Signed: _______

_______ _______

_______, Owner _______, Owner

_______

NOTARY CERTIFICATE

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

The foregoing instrument was acknowledged by me this _______ day of _______, _______, by _______.

_______, Notary Public

_______

(SEAL)

My appointment expires: _______

PLANNING COMMISSION CERTIFICATE

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

This plat was approved by the Prairie Band of Potawatomi Planning Commission on this _______ day of _______, _______, and was recommended for approval by the Prairie Band Potawatomi Tribal Council.

Date Signed: _______

_______, Chairperson

Date Signed: _______

ATTEST: _______, Secretary

_______

TRANSFER RECORD

Entered on transfer record this ____ day of _______, ____.

_______

Chairperson

PRAIRIE BAND OF POTAWATOMI TRIBAL COUNCIL CERTIFICATE

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

This plat was approved and all dedication shown on this plat, if any are hereby accepted by the Prairie Band of Potawatomi Tribal Council this _______ day of _______, _______.

_______, Chairperson

(SEAL)

_______, Vice-Chairperson

_______, Secretary

_______

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

This is to certify that this instrument was filed for record in the Register of Deeds Office, at __ a.m./ p.m. on the _______ day of _______, A.D. _______.

(SEAL)

_______, Register of Deeds

COUNTY CLERK CERTIFICATE

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

I do hereby certify that there are no delinquent general taxes, no unpaid current general taxes, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in this plat.

I further certify that I have received all statutory fees in conjunction with this plat.

Given under my hand and seal at _______, _______, this ___ day of _______, A.D. _______.

_______

County Clerk

Chapter 19-10. Subdivision Regulations
Section 19-10-5. Minimum Design Standards

(A) General Guidelines.

(1) In addition to the requirements established herein, all subdivision plats shall comply with all applicable resolutions of the Prairie Band of Potawatomi Nation, and all policy documents of the Nation, including all streets, drainage systems and parks shown on the Land Use Plan or other officially adopted plan; any rules of the Potawatomi Sanitation and Environmental Code, Solid Waste Management Code, or other applicable Codes. Such plats shall also comply with all applicable rules, regulations, codes, requirements or other applicable laws.

(2) Subdivision plats shall conform to the following general guidelines:

(a) All portions of the tract being subdivided, unless otherwise permitted, shall be designed as lots, streets, planned open spaces, or other uses to avoid creation of vacant landlocked spaces.

(b) Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut and fill.

(c) Whenever possible, developers shall preserve trees, groves, waterways, scenic points, historic sites, and other natural assets and landmarks.

(d) Land subject to flooding or other hazards to life, health, or property, and land deemed to be unsuitable from the standpoint of geology, soil conditions, or topography, shall not be platted for residential occupancy or other such purposes as may increase danger to health, life, or property, nor aggravate erosion or flood hazard, unless all such hazards are properly mitigated through the subdivision planning process, as hereinafter provided.

(e) All subdivisions shall have frontage on and direct access to a public right-of-way.

(B) Public Facility Requirements.

(1) In reviewing subdivision plans, the Planning Commission will consider the adequacy of existing or proposed facilities to serve the additional dwellings proposed by the subdivision.

(2) Where deemed essential by the Planning Commission, upon consideration of the particular type of development proposed and especially in large scale residential developments, the Planning Commission may require the dedication or reservation of such areas or sites of an extent and location suitable to the needs created by the use proposed.

(3) Areas provided for or reserved for community facilities shall be adequate to provide for building sites, landscaping, and off-street parking, as appropriate to the use proposed.

(4) Areas set aside for recreational purposes, such as playgrounds in manufactured home parks, shall be of adequate size and configuration to accommodate the intended use. They should be so located as to serve all the residents, and in large developments, more than one such area may be required to serve all the residents in close proximity to their dwellings.

(1) Land which the Planning Commission finds to be unsuitable for subdivision or development, due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission to solve the problems created by the unsuitable land conditions.

(2) No land subject to flood having a chance occurrence in any one year of one percent, including, but not limited to, areas identified by the Federal Flood Insurance Administration as having special flood hazards, shall be subdivided for residential use or any other use which would be incompatible with such flooding except as provided below:

(a) Land subject to periodic flooding, or which has inadequate drainage, may be subdivided only if improvements or structures are designed by an engineer so as to assure adequate flood proofing. Proposals for subdivision of land in such areas shall include engineering evidence that the proposed development will:

(i) Not unduly restrict or block the conveyance of flood water.

(ii) Not result in an increase in height of the flood water of more than one (1) foot.

(iii) Require residential structures to have the lowest floor (including basement) to be at least one (1) foot above such flood level or non-residential structures to be elevated or flood-proofed to at least one (1) foot above such flood level.

(iv) Meet all zoning requirements for identified flood hazard areas.

(b) New or replacement water supply and/or sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. It is also required that on-site sewage disposal systems shall be located so as to avoid their impairment or contamination during flooding.

(c) Proposals for development of land subject to excessive erosion by the forces of wind and/or water shall include necessary preventive measures as a part of the subdivision platting process. Conservation standards, endorsed by the County Conservation District shall be incorporated as appropriate.

(D) Streets, Alleys, and Public Ways.

(1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the intent of transportation plans, and shall be considered in their relation to existing and planned streets; to reasonable circulation of traffic within the subdivision and adjoining lands; to topographical conditions; to runoff of storm water; to public convenience and safety; and in their appropriate relations to the proposed uses of the land to be served by such streets.

(2) Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage, and suitable building sites.

(3) Dead end streets shall be prohibited, except as stubs, to permit future street extensions into adjoining tracts or when designed as cul-de-sacs with turnaround provisions.

(4) Stub streets, greater in length than one lot depth, shall be provided with a temporary turnaround to the standards required for cul-de-sacs, or shall be paved to the full width of the right-of-way for the last fifty (50) feet of their length.

(5) Cul-de-sacs shall meet the following minimum standards:

(a) The maximum length of a cul-de-sac shall be five hundred (500) feet, but a length of one thousand (1,000) feet may be approved by the Planning Commission if conditions warrant.

(b) Cul-de-sacs shall have at the closed end a turnaround with a right-of-way having a minimum outside radius of not less than sixty (60) feet and shall be surfaced to a radius of not less than forty-eight (48) feet.

(6) Where lots front or side, but do not back, on railroad rights-of-way, major streets, or highways, a marginal access street, or frontage road shall be provided, parallel and adjacent to the boundary of such right-of-way. The distance of the street from said right-of-way shall be determined with due consideration given to the minimum distance required for approach connections to future grade separations or intersections. The right-of-way of such frontage road shall be sixty (60) feet, unless otherwise approved.

(7) The Planning Commission may recommend to Governing Body that the requirement for a frontage road be waived if:

(a) Existing physical conditions make it improbable that a frontage road would be constructed.

(b) A hardship is created and the full use of the property cannot be obtained for lots or tracts that existed prior to the effective date of these regulations.

(8) Dedication of half-streets will not be approved, except where it is essential to the reasonable development of the subdivision and is in conformity with the approved major street plan and other requirements of these regulations. In addition, satisfactory assurance that dedication of the remaining part of the street will occur in a reasonable length of time will be required.

(9) All streets, alleys, and public ways included in any subdivision, hereafter dedicated and accepted, shall be not less than the minimum dimensions for each classification as follows:

STREET CLASSIFICATION	ROW FOR STREET	SURFACE WIDTH
Arterials	100 feet	32 feet
Collectors	80 feet	30 feet
Local Streets, including Cul-de-sacs	60 feet	24 feet
Local Marginal Access Streets:
One-Way	50 feet	20 feet
Two-Way	60 feet	22 feet
Alleys	20 feet	20 feet

(10) These minimum dimensions may be modified by the Governing Body, as necessary, to allow for special conditions such as parallel drainage and roadway systems, utility requirements, provision for pedestrian movement, grade problems, intersection design, and similar considerations in the process of establishing a safe and efficient street system.

(11) To insure proper street layout and function, street alignment shall conform to the following:

(a) Whenever street lines are deflected in excess of five (5) degrees, connection shall be made by horizontal curves.

(b) Residential streets should approach major streets at an angle of not less than eighty (80) degrees or more than one hundred (100) degrees.

(c) Whenever possible, there shall be an inside tangent at least one hundred (100) feet in length between reverse curves on arterial and collector streets.

(d) Streets shall be laid out so as to provide for horizontal sight distances on all curves depending upon design speed. These distances shall be:

	Arterial Streets:	500 feet
	Collector Streets:	300 feet
	Local Streets:	200 feet

The sight distance shall be measured within street rights-of-way from a height of four and one-half (4 1/2) feet above the proposed pavement surface in the right-hand lane of the roadway.

(e) Street jogs should be avoided on arterial and collector streets. On local streets, centerline offsets of less than 150 feet should be avoided.

(f) Multiple street intersection involving junction of more than two (2) streets shall be avoided. Where this proves impossible, such intersection shall be designed with extreme care for both pedestrian and vehicular safety.

(12) Street and roadway grades should not exceed the following recommended standards:

(a) Centerline grades should not be less than one (1) percent.

(b) The maximum street grades for residential streets should be no greater than ten (10) percent.

(13) No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be used where they are or would be logical extensions of existing streets even though separated by undeveloped land.

(14) Clear sight triangles of fifty (50) feet measured along the street right-of-way lines from their points of junction shall be provided at all intersections, and no obstruction shall be higher than two (2) feet above the centerline within the sight triangle.

(15) Alleys shall conform with the following standards:

(a) Alleys shall be provided in commercial and industrial areas, except that the Planning Commission may recommend waiving this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking spaces consistent and adequate for the uses proposed. Alleys in residential districts are discouraged.

(b) When provided, the minimum width of an alley shall be twenty (20) feet.

(c) Alley intersections and sharp changes in alignment shall be avoided, but where necessary, a turning radius shall be provided to permit safe vehicular movement.

(d) Dead end alleys shall be avoided where possible, but if unavoidable, such alleys shall be provided with adequate turnaround facilities at the dead end.

(16) Where alleys are not provided, permanent easement of not less than ten (10) feet in width shall be provided on rear lot lines, and on side lot lines where necessary, for utility poles, wires, and conduits; sanitary sewers; gas, water, and heat mains; and other public right-of-way at least fifteen (15) feet in width.

(a) A twelve (12) foot temporary construction easement shall be provided on each side of the permanent easement required above for initial construction of water, sewer, and other utility lines.

(b) Where a lot or group of lots side or back on an existing high pressure oil line or existing high pressure gas line, a seventy-five (75) foot easement shall be provided on each side of said oil or gas line. The seventy-five (75) foot easement shall be provided on that part of the lot which abuts the oil or gas line and no building or structure shall be located or constructed within said seventy-five (75) foot easement.

(17) If a subdivision is traversed by a watercourse, drainage way, or channel, a storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourse and shall be of such width or construction, or both, as may be necessary to provide adequate storm water drainage and for access for maintenance purposes.

(E) Blocks.

(1) The length, width, and shape of blocks shall be determined with due regard to the following:

(a) Provision of adequate sites for types of buildings proposed.

(b) Zoning requirements as to lot size, dimension, and minimum lot area per dwelling unit.

(d) Requirements for safe and convenient vehicular and pedestrian circulation and access.

(e) The limitations and characteristics of the soil and slope relative to the requirements for the installation of septic lateral fields, package processing plants, and sewerage holding lagoons.

(2) Blocks should not exceed one thousand three hundred twenty (1,320) feet in length unless topographic conditions justify a variation. In general, blocks shall not be less than three hundred (300) feet unless necessary because of existing street patterns.

(3) All blocks shall be so designed so as to provide two tiers of lots, unless a different arrangement is required in order to comply with or be permitted by other sections of these regulations.

(4) Blocks may be irregular in shape, provided they are harmonious with the overall pattern of blocks in the proposed subdivision.

(5) In extra long blocks, a public pedestrian way may be required to provide access to public or private facilities such as schools or parks.

(F) Lots.

(1) Lot size, width, depth, shape, orientation, and building line setbacks lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

(2) Lot dimensions shall conform to the minimum standards of any applicable zoning regulations or sanitary code based on availability of a public water supply and/or a public sewer system, unless higher standards are required in accordance with these regulations.

(3) As a general guideline, the maximum depth of lots shall not exceed two and one-half (2 1/2) times the width thereof.

(4) There shall be no double frontage lots except where the lots abut upon a limited access highway or arterial street or where the topography of the land prevents reasonable subdivision otherwise.

(5) Corner lots shall have extra width where necessary to permit appropriate building setback from and orientation to both streets.

(6) Side lines of lots shall be at right angles or radial to the street line, or substantially so.

(7) Residential lots shall front on a residential street, existing or proposed, and this requirement shall not be satisfied by providing an access easement to the street.

Chapter 19-10. Subdivision Regulations
Section 19-10-6. Dedication or Reservation of Public Sites and Open Spaces

(A) Determination of Need. In subdividing land, due consideration shall be given by the subdivider to the dedication or reservation of sites for schools, parks, playgrounds, and other public areas or open spaces. Any areas so dedicated or reserved shall conform with the recommendation of the Land Use Plan and to the recommendations of the Planning Commission. All areas to be reserved for, or dedicated to, the public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency.

(B) Dedication of Sites. After proper determination of its necessity by the Planning Commission, and the appropriate official or public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site may be dedicated by the applicant to the Prairie Band of Potawatomi Nation or other appropriate agency on the final plat.

Chapter 19-10. Subdivision Regulations
Section 19-10-7. Required Improvements

(A) Improvement Provisions. As a condition to the approval of the final plat, the subdivider shall agree to install, or provide for the installation of, the following necessary facilities and improvements:

(1) All roadways, alleys, curbs, gutters, and street drainage facilities in the subdivision in accordance with standard specifications provided by the Governing Body. All paved streets shall be constructed of concrete, asphalt, or asphaltic concrete. Unpaved rural type roadways may be constructed with gravel or sanded surface. If other than gravel or sanded surface materials are used, urban construction standards shall govern. Streets may require cooperative agreements for maintenance. Sidewalks, when required, shall be constructed in accordance with specifications provided by the Governing Body under the following conditions:

(a) Although not normally required, the Planning Commission may require sidewalks when needed to service pedestrian traffic flow leading to schools, parks, shopping areas, or places of public assembly.

(b) Sidewalks shall be constructed adjacent to property lines, here possible.

(2) Sanitary Sewer Systems.

(a) Wherever sanitary sewers are to be installed, laterals, mains, submains, and treatment facilities shall be constructed at the direction of the Governing Body subject to regulations and standards of the Potawatomi Sanitation and Environmental Code.

Whenever septic tank and tile fields are to be used on individual lots, the determination of the suitability of the lot(s) and the standards for installation shall be governed by the regulations and standards of the Potawatomi Sanitation and Environmental Code. If lagoon systems are used, the determination of the suitability of the lot(s), the standards for installation, and approval of the installation shall be governed by the Potawatomi Sanitation and Environmental Code.

(3) Wherever a public water supply system is required to be constructed by these regulations, such consideration shall be in accordance with the standards set by the applicable agency supplying the water. In all other areas, a water supply shall be provided which meets the standards of the Potawatomi Sanitation and Environmental Code.

(4) Fire hydrants, in accordance with the standards of the applicable water supplier, but not less than the minimum standards of the National Board of Fire Underwriters, shall be provided wherever there shall be constructed a water supply system capable of sustaining fire hydrant service.

(5) A storm drainage system shall be provided, separate, and independent of the sanitary sewer system, meeting all of the standard specifications provided by the Governing Body. Such storm drainage shall be connected to any existing storm drainage system, where available, or if such connection is not available, other adequate means for the discharge shall be provided into the nearest major water channel.

(6) Street signs of such location, type, and size as shall be approved by the Governing Body, giving due regard to the prevailing type, size, and pattern of location utilized in the area.

(7) Underground wiring for electric power, street lights, and telephone service is encouraged, but not required.

(8) Where landscaping of public areas is to be provided or the screening of private areas be required, a planting plan shall be submitted and the landscaping installed.

(B) Relocation of Existing Facilities. Whenever existing sanitary or storm water sewers, water lines, drainage channels, culverts, underground or overhead electric and communication lines, gas lines, pipe lines, or transmission lines are required to be relocated due to the subdivision or construction of improvements required as a condition of approval of the subdivision, and in the event such was not known at the time of subdivision approval for any reason, provision for such relocation shall be the sole responsibility of the subdivider.

(C) Erosion Control. Where required, applicable measures will be taken during construction to minimize soil erosion or sedimentation by wind or water. Conservation standards shall be observed as recommended by the County Conservation District.

(D) Existing Improvements.

(1) Where there are improvements already existing on site which do not meet the quality parameters of these regulations, the subdivider shall provide for repair, correction, or replacement, as needed, so that all improvements will meet established requirements.

(2) Where the proposed subdivision contains or abuts any existing public street of less than the minimum required right-of-way width or roadway width, the subdivider may be required to dedicate additional land in order to allow for street right-of-way width and roadway pavement meeting the minimum standards set by these regulations.

(E) Financing of Required Improvements.

(1) When the construction or installation of street improvements, central sanitary sewerage system, storm sewer system, or other drainage improvements are required to serve the proposed development within a subdivision, a prerequisite for approval of the final plat shall be the submission of a plan specifically setting forth the extent, time schedule, and method of financing such construction or installation as proposed by the owner or developer. The plan shall show the quantity, quality, and geometric details of the proposed construction or installation, which shall meet or exceed the standards set forth in these Subdivision Regulations and the Potawatomi Sanitation and Environmental Code.

(2) Upon final approval of plans and specifications for required improvements, the subdivider shall enter into an agreement with the Governing Body under which the subdivider agrees to install such required improvements. Such agreement shall be conditioned upon the approval of the final plat by the Governing Body.

(3) Simultaneously with the execution of the agreement, unless otherwise approved, the subdivider shall furnish a corporate completion bond by a firm authorized to do business in the State with good and sufficient sureties thereon, or a cashier's check, escrow account, or irrevocable letter of credit in favor to the applicable Governing Body, in the amount of the estimated cost as approved by the official responsible for setting and enforcing the applicable design and construction standards of the installation of the required improvements. Such financial guarantee shall be conditioned upon the approval of the final plat and further conditioned upon the actual completion and satisfactory installation of such required improvements within two (2) years from the date that the final plat is approved by the Governing Body.

(4) As an alternative method of providing for financing of improvements, petitions to the Governing Body may be submitted as a means of guaranteeing to such Governing Body the authority to install improvements at such time as they deem appropriate. Petitions may be submitted only when the following conditions exist:

(a) The petitions, to be secured from the Governing Body, must be valid petitions as may be provided for under applicable law.

(b) The petitions must be approved by the Governing Body, concurrent with the approval and acceptance of the final plat.

(c) The initiating resolution for such improvements must be adopted by the Governing Body concurrently with the petition approval or as soon as thereafter as may be provided by law. The cost of the publication of said resolution shall be born by the subdivider.

(d) The initiating resolution must be recorded with the County Register of Deeds after it has been adopted by the Governing Body showing that the land described in the resolution will be liable in the future for special assessments for the improvements authorized.

(5) The subdivider shall, prior to the approval of the final plat, submit a letter from the utility(ies) involved stating that satisfactory arrangements have been made by the subdivider guaranteeing the installation of their respective services.

(F) Installation of Improvements.

(1) Plans and Specifications Required.

Where installation of improvements by the petition method has not been authorized, the subdivider shall be responsible for submission of engineering drawings and specifications meeting the requirements of these regulations, and subject to approval of the Governing Body. Such plans and specifications shall be prepared by a licensed engineer and shall be submitted in duplicate to the Zoning Administrator at least fifteen (15) days prior to the date of anticipated final plat approval. Failure to do so shall be considered consent for extension of any time limitation for plat approval by the Governing Body.

(2) Content of Plans and Specifications.

(a) Construction documents for installation of improvements shall contain all information necessary for installation of improvements in accordance with applicable standards and guidelines. In general, these documents shall contain plans, profiles, details, specifications, and cost estimates, as appropriate, for the following:

(i) Roadways, alleys, and sidewalks.

(ii) Storm drainage improvements.

(iii) Water supply and distribution systems.

(iv) Sanitary sewerage systems.

(v) Any additional utilities not the responsibility of the service company.

(b) Engineering plans, profiles, details, and specifications shall be prepared at such scale and in such format as may be approved by the Governing Body.

(c) The engineer, official, or agency responsible for determining specifications and standards shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with established design standards. The reviewing official shall forward to the Planning Commission the results of the review process.

(d) The Planning Commission and Governing Body shall not approve a final plat until the engineering documents have been approved, or petitions, if authorized, have been properly filed.

(3) Construction of Improvements.

(a) All improvements installed shall be subject to inspection and approval by the engineer or official designated by the Governing Body. The subdivider shall provide at least forty-eight (48) hours notice prior to any inspection work.

(b) After the final inspection is made and before acceptance of the improvement by the applicable Governing Body, the subdivider shall file a statement certifying that all obligations incurred in the engineering and construction of the improvement involved have been properly paid and settled.

(c) Upon proof of compliance with the requirements of these regulations and all other standards and guidelines, the Governing Body shall, by resolution, accept the improvements. Upon approval and acceptance, the improvements, where applicable, shall become the property of the appropriate Governing Body or utility company.

Chapter 19-10. Subdivision Regulations
Section 19-10-8. Lot Split Procedure

(A) Authority for Approval. The Planning Commission shall have authority to approve or disapprove lot splits in accordance with these regulations.

(B) Application.

(1) An application for a lot split approval shall be made to the Administrator by the owner of the land. Four (4) copies of a drawing, to scale, of the lots involved if there are not structures on the lot, or four (4) copies of a survey if there are structures on the lot, showing the precise location of structures thereon and the location and dimensions of the split, shall accompany the application.

(2) No lot split shall be approved if:

(a) A new street or alley or other public improvement is needed or proposed.

(b) A vacation of streets, alleys, setbacks lines, access control, or easements is required or proposed.

(c) Such action will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets, etc.); or will interfere with maintaining existing service levels (e.g., additional curb cuts, repaving, etc.).

(d) There is less street right-of-way than required by these regulations or the Land Use Plan.

(e) All easement requirements have not been satisfied.

(f) Such split will result in a tract without direct access to a street (i.e., property must abut a street and meet minimum lot width requirements).

(g) A substandard-sized lot or parcel will be created.

(h) The lot has been previously split in accordance with these regulations.

(1) The Planning Commission shall, within thirty (30) days of an application, in writing, approve, disapprove, or continue for cause those applications which in the opinion of the Planning Commission do not meet the requirements of these regulations. When the lot split application has been approved, and after all conditions have been met, the Chairperson and Secretary of the Planning Commission shall sign the following certificate of approval, as required, for the lot split drawing or survey:

CERTIFICATE OF LOT SPLIT APPROVAL

STATE OF ______________________________	)
	)	ss
COUNTY OF ______________________________	)

I hereby certify that this lot split has been examined and found to comply with the Subdivision Regulations of the Prairie Band of Potawatomi Nation, and is, therefore, approved for recording.

Date Signed: _______

_______

Planning Commission, Chairperson

_______

Planning Commission, Secretary

(2) A copy of the lot split approval shall be filed by the Administrator with the applicable official designated to issue building and/or zoning permits and two (2) copies shall be furnished to the applicant, one of which the applicant shall file with the County Register of Deeds.

(D) Exemption for Industrial Plats. A lot which is zoned for industrial purposes and for which a plat has been officially recorded may be further divided into two or more tracts without further replatting or splitting such a lot; provided, that none of the conditions of requirement for application for lot splits (a. through g. above) are found to exist.

Chapter 19-10. Subdivision Regulations
Section 19-10-9. Appeals and Variances

(A) Appeals. The subdivider of a proposed subdivision may appeal to the Governing Body decisions made in the enforcement or interpretation of these regulations by the Zoning Administrator, Planning Commission, or the appropriate engineer. In the event the Governing Body sustains such decisions, the prior enforcement or interpretation shall be final, except as otherwise provided by law. If the Governing Body overrules the decision, the Governing Body shall state its decision and the reasons therefore in writing and submit the decision and plat to the Planning Commission, seeking concurrence. In case of nonoccurrence, the decision of the Governing Body shall be final.

(B) Variances. Whenever the Planning Commission shall recommend that full conformance to the provisions of these regulations is impractical or impossible due to size, shape, topographic location or condition, or such usage of land included in a subdivision plat being presented for approval, the Governing Body may authorize variances of these regulations. In authorizing such variances or exceptions, the Governing Body shall find all of the following:

(1) That strict application of these regulations will create an undue hardship upon the subdivider.

(2) That the proposed variance is in harmony with the intended purpose of these regulations.

(3) That the proposed variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.

(C) Waivers. Any waiver of the required improvements shall be made by the Governing Body only on a showing that such improvements are technically not feasible. Provided, however, that any request for a waiver shall first be submitted to and a recommendation made by the Planning Commission.

Chapter 19-11. Definitions
Section 19-11-1. Definitions

For the purpose of interpreting the provisions of this Title the Potawatomi Law and Order Codes, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

Accessory Building. “Accessory Building” means a subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises. For the purposes of these Regulations, the term accessory building shall include dish antennas and similar structures.

Accessory Use. “Accessory Use” means a use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.

Administrator. “Administrator” means a person designated by the Governing Body as the administrator of these regulations.

Agriculture. “Agriculture” means the use of a tract of land, where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feed lots. Such definition includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling(s) of those owning and/or operating the premises, including single-wide manufactured homes. The retail sale of items produced as a part of the farming operation is permitted including the operation of commercial greenhouses and hydroponic farming. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use.

Alley. “Alley” means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Alley Line. “Alley Line” means the line of division between the public or private right-of-way comprising the alley and the private lot.

Alteration. “Alteration” means as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or moving from one location or position to another, shall be considered an alteration.

Animal Hospital or Clinic. “Animal Hospital or Clinic” means an establishment where animals are admitted principally for examination and treatment by a Doctor of Veterinary Medicine. Boarding of animals shall be limited to that necessary for the treatment of the sick animal. This does not include open kennels or runs.

Apartment. “Apartment” means a room or suite of rooms in an apartment house or other building intended, designed, used, or suitable for use by one or more persons as a place of residence with culinary accommodations.

Apartment House. “Apartment House” means a building or portion thereof intended, designed, used, or suitable for use as a residence for three (3) or more families living in separate apartments.

Applicant. “Applicant” means the owner or duly designated representative of land proposed to be subdivide, rezoned, or for which other action has been requested. Consent shall be required from the legal owner of the premises.

Area. “Area” means the size of a piece of land, usually described in terms of square feet or acres.

Arterial Street. “Arterial Street” means any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of the city or county, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function.

Automobile Service Station. “Automobile Service Station” means a structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, major overhaul, provision of rental equipment, or open sales lots.

Basement. “Basement” means a story of a building having more than one-half (1/2) of its height below grade and which serves as the substructure or foundation for the remainder of the building.

Block. “Block” means a tract of land bounded by streets, or by a combinations of streets and public parks, cemeteries, railroads, rights-of-way, shorelines, or boundary lines of municipalities.

Board of Zoning Appeals. “Board of Zoning Appeals” referred to herein as the “Board” which has been created by the Governing Body and which has the statutory authority to hear and determine appeals, special uses, exceptions, and variances to these zoning regulations.

Boarding Home for Children. “Boarding Home for Children” means a residential facility where children not related to the family by blood, marriage, or adoption are cared for twenty-four (24) hours a day by adult supervision.

Boarding House. “Boarding House” means a building or place, other than a hotel, where by prearrangement and for compensation, lodging and meals for a definite period are provided for three (3) or more persons, and such accommodations are not furnished to transient or overnight customers.

Bond. “Bond” means a form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Governing Body.

Buildable Area. “Buildable Area” means that area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these Regulations.

Building. “Building” means a structure having a roof supported by columns or walls intended, designed, used, or suitable for use for the support, enclosure, shelter, or protection of persons, animals, or movable property of any kind which is permanently affixed to the land; and when separated by fire walls each portion of such structure so separated shall be deemed a separate building.

Building Height. “Building Height” means the vertical distance measured from the average elevation of the finished lot grade to the highest point of a coping or a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge of gable, hip, curved, or gambrel roof.

Building--Main. “Building--Main” means a building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in a residential district is a main building.

Building Setback Line. “Building Setback Line” means a line on a lot indicating the limit beyond which buildings or structures may not be erected or altered and establishing the minimum open space to be provided. Such line may be more, but not less restrictive than applicable zoning or other regulations.

Building Site. “Building Site” means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards, and open spaces as are required by these Regulations.

Bulk Regulations. “Bulk Regulations” means regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. These include regulations controlling: (1) maximum height, (2) maximum lot coverage, and (3) minimum size of yards and setbacks.

Business and Professional Office. “Business and Professional Office” means the office of an engineer, dentist, doctor, attorney, real estate or insurance agent, architect, planner, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing, or administration.

Campgrounds. “Campgrounds” means any parcel of ground which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles. No camper shall occupy a campground for a period exceeding thirty (30) days on a temporary basis. The term campground does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.

Canopy. “Canopy” means any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

Car Wash. “Car Wash” means an establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

Child Care. “Child Care” means the process for caring for unrelated minor children as a service with or without financial arrangements. Child care shall include the term “baby-sitting” but shall not include day schools.

Child Care Center. “Child Care Center” means a day nursery providing care for seven (7) or more children for part or all of a day or night away from the home of the parent or legal guardian; and including full day group care, nursery schools, play groups, head start centers giving emphasis to special programming for children, kindergartens not operated by the public schools, and other establishments offering care to groups of children. Such centers shall meet all applicable requirements for licensing.

Clinics. “Clinics” means an establishment where patients who are normally not lodged overnight are admitted for examination for treatment. This does not include animal hospitals or animal clinics.

Club or Lodge--Private. “Club or Lodge--Private” means a nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purpose, including professional organizations, unions, and other similar organizations.

Collector Street. “Collector Street” means any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.

Comprehensive Plan. “Comprehensive Plan” means the adopted Land Use Plan for the Prairie Band of Potawatomi Nation including modifications or refinements which may be made by amendments from time-to-time.

County. “County” means the County in which the reservation land is located.

Cul-de-sac. “Cul-de-sac” means a street having only one outlet and being permanently terminated by a vehicle turnaround at the other end.

Dead-end Street. “Dead-end Street” means a street having only one outlet.

Density. “Density” means restrictions on the number of dwelling units that may be constructed per acre or per square foot of a zoning lot area.

Design. “Design” means the location of streets, alignment of streets, grades, and widths of streets, alignment of easements, grades and widths of easements, alignment and right-of-way for drainage and sanitary sewers, and the designation of minimum lot area, width and length.

Design Standards. “Design Standards” means all requirements and regulations relating to design and layout of subdivisions contained in these regulations.

Developer. “Developer” means the legal or beneficial owner of all of the land proposed to be included in a subdivision or planned development or duly authorized agent thereof, the holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these Regulations.

District. “District” means a section or sections of the reservation specifically declared within which the regulations governing the use of buildings and premises are uniform.

Drive-in Service. “Drive-in Service” means a type of retail sales establishment which encourages, recognizes, or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverages ready and intended for immediate human consumption without cooking or further preparation.

Dwelling, Single-Family. “Dwelling, Single-Family” means a detached building or portion thereof designed for or occupied exclusively by one (1) family.

Dwelling, Two-Family. “Dwelling, Two-Family” means a building or semi-detached building or portion thereof designed for or occupied exclusively by two (2) families living independently of each other.

Dwelling Unit. “Dwelling Unit” means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one (1) family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

Exception. “Exception” means an exception shall mean the allowance of a use within a given district by the Board of Zoning Appeals. Exceptions shall be limited to only those specifically authorized and listed in these regulations.

Easement. “Easement” means a grant by a property owner of the specific use of a strip of land by others.

Engineer. “Engineer” when used in the sense as designing or surveying the plat or subdivision, he or she shall be a professional engineer or surveyor licensed by the State or licensed to practice in the State. When used in connection with designing or engineering any improvements either on-site or off-site, he or she shall be a professional engineer licensed by the State or licensed to practice in the State.

Expressway. “Expressway” means any divided street or highway with no access from abutting property and which has either separated or at-grade access from other public streets and highways.

Family. “Family” mdeans either (a) an individual or two (2) or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or (b) a group of not more than four (4) persons who need not be related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; plus in either case, domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage, or adoption.

Family Homestead. “Family Homestead” means the use of a parcel or property solely as a homestead by an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person who conveyed the parcel to said individual, subject to the provisions of Section 19-5-2. Such a provision shall apply only once to any individual.

Fence. “Fence” means a free-standing structure of metal, masonry, glass, or wood or any combination thereof resting on or partially buried in the ground and rising above ground level and used for confinement, screening, or partition purposes.

Final Plat. “Final plat” means a subdivision as it is represented as a formal document by drawing and writing which is prepared in accordance with these regulations to be placed on record with the County Register of Deeds.

Floodplain. “Floodplain” means land area subject to inundation from a flood as defined by the Federal Emergency Management Agency (FEMA) flood insurance rate map and has a chance occurrence in any one year of one percent.

Floor Area. “Floor Area” means the sum of the gross floor area of the several floors in a building.

Fraternal and/or Service Clubs. “Fraternal and/or Service Clubs” means an association formally organized for either fraternal, social, educational, philanthropic, or other similar purposes, including union and professional organizations, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such organization are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises provided adequate dining space and kitchen facilities are available. Alcoholic beverages may not be sold without the expressed permission of the Governing Body.

Frontage. “Frontage” means the property on one side of a street, between two intersecting streets, (crossing or terminating) measured along the line of the street; or with a dead-end street, all property abutting one side of such street measured from the nearest intersecting street and the end of the dead-end street.

Garage, Private. “Garage, Private” means any accessory building designed or used only for the housing and storage of automobiles which are the property of, or provided for the exclusive use of, the occupants of the lot or premises upon which such building is located and having no provisions for the commercial repair or equipping of such vehicles.

Garage, Public. “Garage, Public” means any building, portion of a building, or premises designed, operated, or used for commercial purposes in the storage, sale, hiring, care, or repair of motor vehicles.

Garage, Storage. “Garage, Storage” means a building, or portion thereof, designed or used exclusively for housing four (4) or more motor-driven vehicles.

Governing Body. “Governing Body” means the Prairie Band of Potawatomi Tribal Council, unless otherwise identified as a city, county or township Governing Body cooperating in the installation of improvements.

Group Homes. “Group Homes” means any dwelling occupied by not more than ten (10) persons, including eight or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of the Tribe or state.

Half-Street. “Half-Street” means a street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.

Home Occupation. “Home Occupation” means any use customarily conducted entirely upon the premises and carried on by a member of a family, related by blood or marriage, residing in the dwelling, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and which use neither changes the character thereof nor adversely affects the uses permitted in the district of which it is a part. No signs are displayed, except as permitted by these regulations, no commodity is sold upon the premises, except that which is prepared upon the premises, no outdoor display or storage of materials or supplies, no more than one (1) person is employed, and no mechanical equipment is used that makes loud, unnecessary, or unusual noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. (See also provisions of Section 19-5-1 subpart (I)).

Hospital. “Subpart” means an establishment used primarily for inpatient care and to provide health, medical, mental, and surgical care of the sick or injured, excluding animal hospitals.

Hotel or Motel. “Hotel or Motel” means a commercial building used as a temporary abiding place for persons who are being lodged for compensation with or without meals.

Improvements. “Improvements” means all facilities constructed or erected by a subdivider or the general public within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, commercial, or industrial use.

Institution of Higher Learning. “Institution of Higher Learning” means a college, university, or incorporated academy providing general academic instruction equivalent to the standards prescribed by the State Board of Education. Dormitories, fraternity houses, sorority houses, and other student housing, which are constructed on campus, shall be considered accessory buildings.

Institution (Nonprofit). “Institution (Nonprofit)” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Kennel. “Kennel” means any place where four (4) or more dogs over six (6) months of are boarded, bred, and offered for sale.

Landscaping. “Landscaping” means the improvement of a lot, parcel, or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Land Use Plan. “Land Use Plan” means the plan indicating the general anticipated use of the land within the reservation.

Laundry. “Laundry” means an establishment where commercial laundry and dry cleaning work is undertaken.

Laundry (Self-Service). “Laundry (Self-Service)” means an establishment equipped with individual coin-operated washing, drying, or dry cleaning machines.

Local Street. “Local Street” means any street designed primarily to provide access to abutting property and of limited continuity within a neighborhood.

Lodging House. “Lodging House” means a residential building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, or for three (3) or more persons in contra-distinction to hotels open to transients.

Lot. “Lot” means a portion of land in a subdivision, or other parcel of land, intended to be the unit by which such land would be individually transferred and/or developed, whether immediate or future.

Lot Area. “Lot Area” means the total horizontal area within the lot lines of a lot.

Lot, Corner or External. “Lot, Corner or External” means a lot abutting upon two (2) or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension.

Lot, Depth. “Lot, Depth” means a mean horizontal distance between the front and rear lot lines, measured at the midpoints of each, in the general direction of the side lines of the lot.

Lot, Double Frontage. “Lot, Double Frontage” means an internal lot having a frontage on two (2) streets.

Lot, Internal. “Lot, Internal” means any lot which does not constitute a corner lot.

Lot Line, Front. “Lot Line, Front.” means a boundary line of a lot which coincides with a street boundary line. The word “street” as used in this definition shall not include alley.

Lot Line, Rear. “Lot Line, Rear” means a boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.

Lot Line, Side. “Lot Line, Side” means a boundary line of a lot which does not coincide with a street boundary line. The word “street” as used in this definition shall not include alley.

Lot of Record. “Lot of Record” means a lot which is part of a subdivision, the map of which has been recorded in the office of the Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds.

Lot, Reversed Corner. “Lot, Reversed Corner” means a corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.

Lot Split. “Lot Split” means the subdividing or redividing of a lot or lots in a recorded plat of a subdivision into not more than two tracts which meet the criteria established within these regulations.

Lot Width. “Lot Width” means the mean horizontal distance between the side lot lines, measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than thirty-five (35) feet in width.

Manufactured Home. “Manufactured Home” means a factory-built structure or structures equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running gear and designed to be used as a dwelling unit irrespective of how affixed to the land. The transportation system is designed so that the manufactured home can be moved from time to time. The term shall include two (2) or more separately towed units which, when bolted together, form a complete living unit. Such homes are built on a chassis consisting of drawbar and coupling mechanism, frame (e.g., steel I-beams), running assembly, and lights. Removal of any or all of these component parts does not change the definition. All manufactured homes shall be either skirted or placed on a permanent-type, enclosed perimeter foundation and, according to the standards of the Governing Body, shall be anchored to the ground.

Manufactured Home, Dependent. “Manufactured Home, Dependent” means a manufactured home which does not have a flush toilet and bath or shower.

Manufactured Home, Independent. “Manufactured Home, Independent” means a manufactured home which has a flush toilet and a bath or shower.

Manufactured Home Park. “Manufactured Home Park” means any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by two (2) or more occupied manufactured homes. Such manufactured home park shall be under one ownership and control, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually. The term does not include a sales area on which unoccupied manufactured homes, whether new or used, are parked for the purpose of storage, inspection, or sale. A manufactured home may, however, remain on a space for purposes of sale by the resident owner or the manufactured home park owner. No more than fifteen (15) percent of the manufactured homes may be for rent at any one time.

Manufactured Home, Residential Design. “Manufactured Home, Residential Design” means a manufactured home on a permanent foundation which has (a) minimum dimensions of twenty-two (22) feet in width, (b) a pitched roof, and (c) siding and roofing materials which are customarily used on site-built homes.

Marginal Access Streets. “Marginal Access Streets” means a local street which is parallel with and adjacent to a limited access highway or arterial street, and which provides access to abutting properties and protection from fast through traffic on the limited access highway or arterial street.

Modular Home. “Modular Home” means a dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, prefabricated units, or modules designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width.

Motel. “Motel” means a group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.

Motor Vehicle Repair Shop. “Motor Vehicle Repair Shop” means a building or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.

Nonconforming Lot of Record. “Nonconforming Lot of Record” means a platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

Nonconforming Structure or Use. “Nonconforming Structure or Use” means a lawfully existing structure or use at the time of these regulations or any amendments thereto became effective which does not conform to the requirements of the district in which it is located.

Nursing Home. “Nursing Home” means an establishment or agency licensed by the Governing Body for the reception, board, care, or treatment of three (3) or more unrelated elderly individuals.

Owner. “Owner” means any person or persons, firm or firms, corporation or corporations, or any other legal entity having legal title to land sought to be subdivided under these regulations.

Parcel. “Parcel” means all contiguous lands (including lots and parts of lots) held in one (1) ownership.

Parking Area, Public or Customer. “Parking Area, Public or Customer” means an area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.

Parking Space. “Parking Space” means a surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one standard automobile.

Paved Parking. “Paved Parking” means a vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free, all-weather condition.

Permanent Foundation. “Permanent Foundation” means a foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

Person. “Person” means any natural individual, firm, trust, partnership, association, or corporation.

Planned Development. “Planned Development” means a tract of land meeting specified minimum site size whereon all elements of development may be designed as inter-related aspects of an overall improvement concept in accordance with the provisions of these regulations.

Planning Agency. “Planning Agency” means the Prairie Band of Potawatomi Planning Commission.

Plat. “Plat” means a layout of a subdivision indicating the location and boundaries of individual properties.

Preliminary Plat. “Preliminary Plat” means a tentative map or plan of a proposed subdivision of land showing the character and general details of the proposed development.

Premises. “Premises” means a parcel together with all buildings and structures thereon.

Principal Structure. “Principal Structure” means the main use of land or structures as distinguished from a subordinate or accessory use.

Private Club. “Private Club” means an association, other than fraternal or service club, organized and operated either for or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises provided adequate dining room space and kitchen facilities are available. Permission from the Governing Body is required to serve alcoholic beverages to members and their guests.

Protective Covenants. “Protective Covenants” means restrictions governing the use of land within a given subdivision placed on the land by the owner at the time of platting.

Public Utility. “Public Utility” means any business which furnishes the general public telephone service, electricity, cable television, natural gas, or water and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state.

Regulations or Resolution. “Regulations or Resolution” means the regulations and related documents duly approved and adopted under this Title, which establish zoning or land use requirements.

Restaurant. “Restaurant” means a public eating establishment, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants, and soda fountains, but not a drive-in establishment, unless specified.

Resubdivision. “Resubdivision” means the subdivision of a tract of land which has previously been lawfully subdivided and a plat of such prior subdivision duly recorded. (Sometimes also referred to as a “replat”.)

Right-of-way. “Right-of-way” means the area between the boundary lines of a street or other easement.

Road or Roadway. “Road or Roadway” means the paved or improved area existing on the street right-of-way which is used for vehicular traffic, exclusive of sidewalks, driveways, or related uses.

Rooming House. “Rooming House” means a building or portion thereof other than a hotel, where lodging of three (3) or more persons is provided for compensation.

Salvage Yard. “Salvage Yard” means any land or building used for the collection or storage or sale of wastepaper, trash, rags, fibrous material, scrap metal, or other discarded material; or for the collecting or dismantling or storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures. In the agricultural and residential districts, no more than two (2) licensed or unlicensed motor vehicles which are in the process of restoration to operating condition may be stored; provided however, such vehicles are stored inside a structure or screened from public view.

Sanitary Landfill. “Sanitary Landfill” means a lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with all applicable laws.

School. “School” means a public elementary or secondary educational facility which under direction and control of the State Board of Education and the State Superintendent of Public Instruction and/or a Parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

Screening. “Screening” means decorative fencing, evergreen vegetation, earthen mounds, or a combination of these maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.

Setback. “Setback” means the distance between the lot line and the building line.

Sidewalk. “Sidewalk” means a pedestrian walkway with a concrete surface constructed to the minimum standards set by the Governing Body.

Sign. “Sign” means any words, numerals, figures, devices, designs, or trade marks by which anything is made known, such as are used to designate an individual firm, profession, business, or a commodity and which are visible from any public street or air. For various types of signs see Section 19-4-1.

Site. See “parcel”.

Sketch Plan. “Sketch Plan” means a map or plan of a proposed subdivision preparatory to the preparation of the preliminary plan to enable the subdivider to save time and expense in reaching tentative general agreements by a discussion of the form and objectives of these regulations.

Story. “Story” means that portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, Half. “Story, Half” means a space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street. “Street” means a right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.

Street, Cul-de-sac. “Street, Cul-de-sac” means a street having only one outlet and being permanently terminated by a vehicle turn-around at the other end.

Street, Frontage. “Street, Frontage” means a public or private marginal access street generally paralleling and contiguous to any arterial or a collector street and designed to promote safety by eliminating unlimited ingress and egress to such arterial or collector street by providing points of access at predetermined and more or less evenly spaced intervals.

Street Line. “Street Line” means a dividing line between a lot, tract, or parcel of land and the contiguous street.

Street, Private. “Street, Private” means any street designed for vehicular traffic not dedicated as a public thoroughfare. No governmental body has maintenance responsibilities for a private street.

Street, Network.

(1) Arterial Street. A street which provides for through traffic movement between and around areas and across the reservation with direct access to abutting property; subject to necessary control of entrances, exits, and curb cuts.

(2) Collector Street. A street which provides for traffic movement between arterial and locals streets with direct access to abutting property.

(3) Local Street. A street which provides direct access to abutting land and for local traffic movement, whether in business, industrial, or residential areas.

Street, Width. “Street, Width” means the shortest distance between the property lines abutting both sides of a street right-of-way.

Structure. “Structure” means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Structures include, but are not limited to, buildings, walls, sheds, towers, and bins. Not included as structures are fences, driveways, hard surfaced walks and terraces, or public items, such as utility poles, street light fixtures, and street lights.

Structural Alterations. “Structural Alterations” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of these regulations, the following shall not be considered structural alterations.

(1) Attachment of a new front where structural supports are not changed.

(2) Addition of fire escapes where structural supports are not changed.

(3) New windows where lintels and support walls are not materially changed.

(4) Repair or replacement of non-structural members.

(5) Alterations for the safety of the building and normal repairs and maintenance.

Subdivide Land. “Subdivide Land” means to partition a parcel of land into two (2) or more parcels, tracts, lots, or sites for the purpose of transfer of ownership or development, whether immediate or future, when such parcel exists as a unit or contiguous units under a single ownership.

Subdivider. “Subdivider” means the owner, or any other person, firm, or corporation, authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.

Subdivision. “Subdivision” means the division of a tract of land into one or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term subdivision includes resubdivision, and the term “resubdivision”, as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided for sale, use, or other purpose which varies from the latest, approved subdivision of the same. See Section 19-10.

Subdivision Plat. “Subdivision Plat” means a plan or map prepared in accordance with the provisions of these regulations and recorded with the Register of Deeds.

Tavern. “Tavern” means an establishment in which the primary function is the public sale and serving of cereal malt beverages.

Theater. “Theater” means a building or part thereof devoted to the showing of motion pictures or the production of theatrical performances on a paid admission basis.

Theater, Outdoor. “Theater, Outdoor” means an open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or the production of theatrical performances on a paid admission basis to patrons seated in automobiles or on outdoor seats.

Tourist Cabins. See “Motel”.

Tourist Home. “Tourist Home” means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

Tract. “Tract” means a plot or parcel of land, other than a lot in a subdivision, which is recorded in the office of the Register of Deeds.

Turnaround. “Turnaround” means an area at the closed end of a dead-end street or cul-de-sac within which vehicles may reverse their direction without any backing up.

Use. “Use” means any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land.

Use Regulations. “Use Regulations” means the provisions of these regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.

Variance. “Variance” means a modification or variation of the provisions of these regulations, as applied to a specific parcel of property, as distinct from rezoning.

Vision Triangle. “Vision Triangle” means a triangular area at the intersection of streets maintained in such a manner as to provide a safe and open line of vision for drivers of vehicles and pedestrians approaching the intersection. Within the vision triangle, no one shall install, construct, plant, park, or maintain any sign, fence, hedge, shrubbery, tree, natural growth, or other obstruction which would materially impede vision between the heights of thirty-three (33) inches and eight (8) feet above the street level. Such restrictions shall not apply to official traffic signs and signals and utility poles.

Watercourse. “Watercourse” means a body of water flowing in an identifiable channel or course, natural, or man-made, and which is not dry more than six (6) months a year.

Way. “Way” means a street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

Yard. “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, Front. “Yard, Front” means a yard extending along a full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard. On a corner lot, each yard that abuts a street shall be considered a front yard.

Yard, Rear. “Yard, Rear” means a yard extending along a full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard.

Yard, Side.“Yard, Side” means a yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of the required minimum side yard, but not excluding any area encompassed within a front or rear yard.

Zone or District. “Zone or District” means a portion, area, or section of the reservation land for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open spaces about buildings are herein established.

Other Words or Terms

Words or terms not herein defined shall have their ordinary meaning in relation to the context.

Chapter 19-12. Miscellaneous
Section 19-12-1. Validity and Severability

If any provisions of these regulations are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such provisions shall be considered separately and apart form the remaining provision of these regulations, said provisions to be completely severable from the remaining provisions of these regulations, and the remaining provisions of these regulations shall remain in full force and effect.

Chapter 19-12. Miscellaneous
Section 19-12-2. Effective Date

These regulations shall take effect and be in full force from and after their adoption by the Governing Body by resolution.

Chapter 19-13. Shab-eh-nay

GENERAL NOTES

(Enacted by PBP TC No. 98-30, May 5, 1998; amended by PBP TC No. 98-28, February 16, 1999; amended by PBP TC. No 2005-024; amended by PBP TC. No 2008-121, May 22, 2008; amended by PBP TC. No 2008-154, July 2, 2008)

Chapter 19-13. Shab-eh-nay
Section 19-13-1. Shab-eh-nay

In all cases involving the Shab-eh-nay Reservation, the jurisdiction of the Nation and the substantive and procedural requirements of this Title shall apply, provided that, if the substantive requirements of this Title directly conflict with the substantive requirements of the laws of Illinois or DeKalb County, compliance with those requirements shall be sufficient for the purposes of tribal law. However, in no event shall the jurisdiction of the State of Illinois or DeKalb County or the procedural requirements of Illinois state law or DeKalb County code apply to any activity within the boundaries of the Shab-eh-nay Reservation.

Prairie Band Potawatomi Nation

Title 19. Zoning and Subdivision Regulations

Chapter 19-1

Chapter 19-1 (Refs & Annos) Section 19-1-1. Purpose and Intent

Chapter 19-1 (Refs & Annos) Section 19-1-2. Authority

Chapter 19-1 (Refs & Annos) Section 19-1-3. Jurisdiction

Chapter 19-1 (Refs & Annos) Section 19-1-4. Notice to Other Governments

Chapter 19-1 (Refs & Annos) Section 19-1-5. Rules of Interpretation

Chapter 19-1 (Refs & Annos) Section 19-1-6. Rules of Construction

Chapter 19-1 (Refs & Annos) Section 19-1-7. Existing Uses

Chapter 19-2. Zoning District Regulations

Chapter 19-2. Zoning District Regulations (Refs & Annos) Section 19-2-1. District Boundaries

Chapter 19-2. Zoning District Regulations (Refs & Annos) Section 19-2-2. Rules for Interpretation of District Boundaries

Chapter 19-2. Zoning District Regulations (Refs & Annos) Section 19-2-3. Zoning of Rights-of-Way

Chapter 19-2. Zoning District Regulations (Refs & Annos) Section 19-2-4. Application of Regulations

Chapter 19-3. Zoning Districts Section 19-3-1. H-P Habitat Protection District

Chapter 19-3. Zoning Districts Section 19-3-2. A-P (40) Agriculture Protection District (40 acres)

Chapter 19-3. Zoning Districts Section 19-3-3. A-P (20) Agriculture Protection District (20 acres)

Chapter 19-3. Zoning Districts Section 19-3-4. R-5 Five Acre Rural Residential District

Chapter 19-3. Zoning Districts Section 19-3-5. R-S Rural Residential Subdivision District

Chapter 19-3. Zoning Districts Section 19-3-6. P-D Planned Development District

Chapter 19-3. Zoning Districts Section 19-3-7. B-I: Breach Impact District

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic Section 19-4-1. Sign Regulations

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic Section 19-4-2. Parking and Loading Regulations

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic Section 19-4-3. Landscaping Requirements

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic Section 19-4-4. Traffic Regulations

Chapter 19-5. Supplementary District Regulations Section 19-5-1. Qualifications and Supplementations to District Regulations

Chapter 19-5. Supplementary District Regulations Section 19-5-2. Family Homestead and Family Farm Exemptions

Chapter 19-6. Nonconforming Lots, Buildings, and Uses Section 19-6-1. Nonconforming Lots, Buildings, and Uses Which May Be Continued

Chapter 19-6. Nonconforming Lots, Buildings, and Uses Section 19-6-2. Nonconforming Lots, Buildings, and Uses Which May Not Be Continued

Chapter 19-7. Enforcement, Violation, and Penalty Section 19-7-1. Enforcement

Chapter 19-7. Enforcement, Violation, and Penalty Section 19-7-2. Land Use Permit Required

Chapter 19-7. Enforcement, Violation, and Penalty Section 19-7-3. Application Requirements

Chapter 19-7. Enforcement, Violation, and Penalty Section 19-7-4. Violation and Penalty

Chapter 19-8. Board of Zoning Appeals Section 19-8-1. General Structure and Operation

Chapter 19-8. Board of Zoning Appeals Section 19-8-2. Public Hearing and Notice

Chapter 19-8. Board of Zoning Appeals Section 19-8-3. Powers and Jurisdiction

Chapter 19-8. Board of Zoning Appeals Section 19-8-4. Procedure

Chapter 19-8. Board of Zoning Appeals Section 19-8-5. Variances to This Zoning Resolution

Chapter 19-8. Board of Zoning Appeals Section 19-8-6. Exceptions to This Zoning Resolution

Chapter 19-8. Board of Zoning Appeals Section 19-8-7. Performance

Chapter 19-9. Amendments

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-1. Application

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-2. Filing Fee

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-3. Public Hearing and Notice

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-4. Zoning Classifications of Lesser Change

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-5. Protest

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-6. Planning Commission General Structure and Operation

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-7. Annual Review

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-8. Administration

Chapter 19-9. Amendments (Refs & Annos) Section 19-9-9. Appeals to Tribal Court

Chapter 19-10. Subdivision Regulations Section 19-10-1. General Provisions

Chapter 19-10. Subdivision Regulations Section 19-10-2. Plat Approvals, Vacation Procedure, Vesting of Development Rights

Chapter 19-10. Subdivision Regulations Section 19-10-3. Application Procedure and Approval Process

Chapter 19-10. Subdivision Regulations Section 19-10-4. Documentation Required for Preliminary and Final Plats

Chapter 19-10. Subdivision Regulations Section 19-10-5. Minimum Design Standards

Chapter 19-10. Subdivision Regulations Section 19-10-6. Dedication or Reservation of Public Sites and Open Spaces

Chapter 19-10. Subdivision Regulations Section 19-10-7. Required Improvements

Chapter 19-10. Subdivision Regulations Section 19-10-8. Lot Split Procedure

Chapter 19-10. Subdivision Regulations Section 19-10-9. Appeals and Variances

Chapter 19-11. Definitions Section 19-11-1. Definitions

Chapter 19-12. Miscellaneous Section 19-12-1. Validity and Severability

Chapter 19-12. Miscellaneous Section 19-12-2. Effective Date

Chapter 19-13. Shab-eh-nay

Chapter 19-13. Shab-eh-nay Section 19-13-1. Shab-eh-nay

Chapter 19-1 (Refs & Annos)
Section 19-1-1. Purpose and Intent

Chapter 19-1 (Refs & Annos)
Section 19-1-2. Authority

Chapter 19-1 (Refs & Annos)
Section 19-1-3. Jurisdiction

Chapter 19-1 (Refs & Annos)
Section 19-1-4. Notice to Other Governments

Chapter 19-1 (Refs & Annos)
Section 19-1-5. Rules of Interpretation

Chapter 19-1 (Refs & Annos)
Section 19-1-6. Rules of Construction

Chapter 19-1 (Refs & Annos)
Section 19-1-7. Existing Uses

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-1. District Boundaries

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-2. Rules for Interpretation of District Boundaries

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-3. Zoning of Rights-of-Way

Chapter 19-2. Zoning District Regulations (Refs & Annos)
Section 19-2-4. Application of Regulations

Chapter 19-3. Zoning Districts
Section 19-3-1. H-P Habitat Protection District

Chapter 19-3. Zoning Districts
Section 19-3-2. A-P (40) Agriculture Protection District (40 acres)

Chapter 19-3. Zoning Districts
Section 19-3-3. A-P (20) Agriculture Protection District (20 acres)

Chapter 19-3. Zoning Districts
Section 19-3-4. R-5 Five Acre Rural Residential District

Chapter 19-3. Zoning Districts
Section 19-3-5. R-S Rural Residential Subdivision District

Chapter 19-3. Zoning Districts
Section 19-3-6. P-D Planned Development District

Chapter 19-3. Zoning Districts
Section 19-3-7. B-I: Breach Impact District

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-1. Sign Regulations

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-2. Parking and Loading Regulations

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-3. Landscaping Requirements

Chapter 19-4. Regulations for Signs, Parking and Loading, Landscaping, and Traffic
Section 19-4-4. Traffic Regulations

Chapter 19-5. Supplementary District Regulations
Section 19-5-1. Qualifications and Supplementations to District Regulations

Chapter 19-5. Supplementary District Regulations
Section 19-5-2. Family Homestead and Family Farm Exemptions

Chapter 19-6. Nonconforming Lots, Buildings, and Uses
Section 19-6-1. Nonconforming Lots, Buildings, and Uses Which May Be Continued

Chapter 19-6. Nonconforming Lots, Buildings, and Uses
Section 19-6-2. Nonconforming Lots, Buildings, and Uses Which May Not Be Continued

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-1. Enforcement

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-2. Land Use Permit Required

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-3. Application Requirements

Chapter 19-7. Enforcement, Violation, and Penalty
Section 19-7-4. Violation and Penalty

Chapter 19-8. Board of Zoning Appeals
Section 19-8-1. General Structure and Operation

Chapter 19-8. Board of Zoning Appeals
Section 19-8-2. Public Hearing and Notice

Chapter 19-8. Board of Zoning Appeals
Section 19-8-3. Powers and Jurisdiction

Chapter 19-8. Board of Zoning Appeals
Section 19-8-4. Procedure

Chapter 19-8. Board of Zoning Appeals
Section 19-8-5. Variances to This Zoning Resolution

Chapter 19-8. Board of Zoning Appeals
Section 19-8-6. Exceptions to This Zoning Resolution

Chapter 19-8. Board of Zoning Appeals
Section 19-8-7. Performance

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-1. Application

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-2. Filing Fee

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-3. Public Hearing and Notice

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-4. Zoning Classifications of Lesser Change

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-5. Protest

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-6. Planning Commission General Structure and Operation

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-7. Annual Review

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-8. Administration

Chapter 19-9. Amendments (Refs & Annos)
Section 19-9-9. Appeals to Tribal Court

Chapter 19-10. Subdivision Regulations
Section 19-10-1. General Provisions

Chapter 19-10. Subdivision Regulations
Section 19-10-2. Plat Approvals, Vacation Procedure, Vesting of Development Rights

Chapter 19-10. Subdivision Regulations
Section 19-10-3. Application Procedure and Approval Process

Chapter 19-10. Subdivision Regulations
Section 19-10-4. Documentation Required for Preliminary and Final Plats

Chapter 19-10. Subdivision Regulations
Section 19-10-5. Minimum Design Standards

Chapter 19-10. Subdivision Regulations
Section 19-10-6. Dedication or Reservation of Public Sites and Open Spaces

Chapter 19-10. Subdivision Regulations
Section 19-10-7. Required Improvements

Chapter 19-10. Subdivision Regulations
Section 19-10-8. Lot Split Procedure

Chapter 19-10. Subdivision Regulations
Section 19-10-9. Appeals and Variances

Chapter 19-11. Definitions
Section 19-11-1. Definitions

Chapter 19-12. Miscellaneous
Section 19-12-1. Validity and Severability

Chapter 19-12. Miscellaneous
Section 19-12-2. Effective Date

Chapter 19-13. Shab-eh-nay
Section 19-13-1. Shab-eh-nay