Tribal Code - Sault Ste. Marie Tribe of Chippewa Indians
Enacted July 5, 1995. Including Updates Through 2004.
CHAPTER 60: LAND USE ORDINANCE
SUBCHAPTER I: PREAMBLE
60.101 Short Title.
This ordinance shall be known as the Sault Ste. Marie Tribe of Chippewa Indians Land Use Ordinance, Tribal Code Chapter 60.
The fundamental purpose of this ordinance is to promote the public health, safety, morals and general welfare. The provisions are intended to:
(1) encourage the use of lands and natural resources of the Tribe in accordance with their character and adaptability;
(2) limit the improper use of Tribal land;
(3) reduce hazards to life and property;
(4) provide for the orderly development of the Tribe;
(5) avoid overcrowding the population, to provide for adequate light, air and to lessen congestion on the public roads and streets;
(6) protect and conserve natural recreational areas, agricultural areas, residential areas and other areas naturally suited to particular use to facilitate the establishment of an adequate and economic use of transportation, sewage disposal, safe water supply, education, recreation and other public requirements;
(7) conserve expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties; and
(8) promote the best uses of Tribal land and resources by both the community in general and the individual inhabitant.
60.103 General Procedure.
To achieve the purposes of this ordinance, Tribal land has been divided into zoning districts of varied shape, kind and area, with regulations adopted for each such district, but with due consideration for the character of each district, its peculiar suitability for particular purposes, the conservation of property values and natural resources, and the general trend and character of land, buildings and population development.
SUBCHAPTER II: DEFINITIONS
60.201 General Provisions.
For the purpose of this ordinance, certain terms are defined in this Subchapter. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, and words in the masculine gender include the feminine gender. The word "shall" is always mandatory and not merely directory.
60.202 Accessory Building.
"Accessory Building" means a supplemental building or structure on the same lot, or part of the main building occupied or devoted exclusively to an accessory use.
60.203 Accessory Use.
"Accessory Use" means a use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the land or building.
"Alley" means a public thoroughfare or way not less than thirty (30) feet wide and which affords only a secondary means of access to abutting property.
"Altered" means any change in the location or use of the building or structure and/or any change in the construction or the structural members of a building or structure such as bearing walls, columns, posts, beams, girders and similar components.
60.206 Basement and Cellar.
(1) "Basement" means that portion of a building partly below the grade but so located that the vertical distance from average grade to the floor is not greater than the distance from the average grade to the ceiling.
(2) "Cellar" means that portion of a building partly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.
60.207 Boarding House.
"Boarding House" means primarily a family dwelling where meals with or without lodging are furnished for compensation on a weekly or monthly basis to three or more persons who are not members of the family occupying and operating the premises, but not necessarily to anyone who may apply.
"Building" means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This shall include tents, awnings, vehicles whether mounted or not on wheels and situated on private property and sued for purposes of a building.
60.209 Building, Height of.
"Building, Height of" means the vertical distance from the established grade at the center of the front of the building, to the highest point of the roof surface if a flat roof, to the deck line for mansard roofs, and to the mean height level between eaves and ridge for gabled, hip and gambrel roofs.
60.210 [reserved for future use]
60.211 [reserved for future use]
"Dwelling" means any building or structure, or part thereof, occupied as the home, residence or sleeping place of one or more persons either permanently or transiently except cabins and trailer coaches. Where only part of a building or structure is occupied for dwelling purposes, the part so occupied shall comply with all provisions applicable to dwellings in the district in which said building or structure is located except where specific exemption is provided by other sections of this ordinance. The various types of dwellings as used in this ordinance are as follows:
(1) "One-family dwelling" means a dwelling occupied by but one (1) family, and so designed and arranged as to provide living, cooking and kitchen accommodations for one (1) family only.
(2) "Two-family dwelling" means a dwelling occupied by but two (2) families and so designed and arranged as to provide independent living, bath and kitchen accommodations for two (2) families only.
(3) "Multiple family dwelling" means a dwelling occupied by more than two families so designed and arranged as to provide independent living, bath and kitchen facilities for each such family.
"Erected" includes built, constructed, reconstructed, moved upon or any physical operations on the land required for building. Excavations, fill drainage and the like shall be considered part of the erection.
60.214 Essential Services.
"Essential Services" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution system, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service of such public service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.
"Family" means any number of individuals living together and cooking together on the premises as a single non-profit housekeeping unit, as distinguished from a group occupying a hotel club or similar structure, together with all necessary employees of the family.
"Farm" means all of the unplatted contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager, or tenant-farmer by his own labor or with the assistance of members of his household or hired employees; provided, however, the land to be considered a far hereunder shall include a contiguous unplatted parcel of not less than five (5) acres in area; provided, further, that greenhouses, nurseries, orchards, apiaries, chicken hatcheries, poultry farms and similar specialized agricultural enterprises may be considered as farms; but establishments keeping or operating fur-bearing animals, game, fish hatcheries, dog kennels, stock yards, slaughter houses, stone quarries, or gravel or sand pits shall not be considered farms hereunder unless combined with and constituting only a minor part of bona fide farm operations on the same contiguous tract of land. Nor shall the premises operated as fertilizer works, bone yards, piggeries or for the reduction of animal matter, or for the disposal of garbage, sewage, rubbish, offal or junk constitute a farm hereunder.
60.217 Farm Building.
"Farm Building" means any building or structure, other than a dwelling, move upon, maintained, used or built on a farm which is essential or customarily used on farms in the pursuit of agricultural activities.
60.218 Farm Dwelling.
"Farm Dwelling" means any dwelling located on a farm as defined by this ordinance and occupied as the home, residence or sleeping place of the owner-operator, manager or tenant farmer of that farm.
60.219 Garage, Private and Commercial.
(1) "Private Garage" means any building, or part thereof, not over one story or fifteen (15) feet in height for storage of motor vehicles or trailer coaches where no servicing for profit is conducted.
(2) "Commercial Garage" means any garage other than a private garage.
"Highway" means any public thoroughfare in the Tribal road system, or any county, federal or state road and highway, whether of depressed surface or elevated construction.
60.221 Home Occupation.
"Home Occupation" means a gainful occupation conducted by members of the family only within its place of residence; provided, that the space used is incidental to residential use and that no article is sold or offered for sale except such as is produced by such home occupation; and provided further, that there is no external display of such articles. Clinics, hospitals, barber shops, tea rooms, tourist homes, animal hospitals, animal boarding establishments or the production of any kind of livestock shall not be deemed home occupations.
60.222 Junk Yard.
"Junk Yard" means any parcel of land maintained or operated for the purchase, sale, storage, dismantling, demolition, or use of junk including scrap metals, motor vehicles, machinery, and building and construction materials, or parts thereof.
"Junk" means worn out and discarded material that may be returned to some use, and rubbish of any kind.
"Lot" means the parcel of land on which one (1) principal building and its accessories are located or intended to be located together with any open space required by this ordinance.
60.225 Lot Lines.
(1) "Front lot line" means the line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the shorter street line shall be considered the front lot line. In the event that any lot, as defined by this ordinance, fronts upon a right-of-way, then the right-of-way line crossing such lot shall be deemed the front lot line.
(2) "Rear lot line" means the line opposite the front lot line.
(3) "Side lot line" means any lot line other than the front lot line or the rear lot line.
60.226 Mobile Home.
"Mobile Home" means any vehicle used or so constructed as to permit its being used upon the public streets or highways and duly licensable as such, and shall include self-propelled and non-self-propelled vehicles so designed, constructed, reconstructed or added to by means of enclosed room or area in such manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons, whether mounted on wheels or dismounted and located on a foundation or other support.
60.227 Mobile Home Park.
"Mobile Home Park" means any site, lot, field, tract, or parcel of land which is utilized by three (3) or more occupied mobile homes either free of charge, or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park.
"Motel" means a building made up of two or more separate living or sleeping quarters used independently of each other and used principally for overnight accommodations.
60.229 Non-Conforming Structure.
"Non-Conforming Structure" means a structure conflicting with a provision of this ordinance.
60.230 Non-Conforming Use.
"Non-Conforming Use" means the use of a structure or land conflicting with the provisions of this ordinance.
60.231 Public Utility.
"Public Utility" means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under municipal regulation to the public transportation, water, gas, electricity, telephone, steam, telegraph, or sewage disposal and other services.
"Restaurant" means a business located in a building wherein in consideration of payment of money, meals are habitually prepared, sold and served to person for consumption on or off the premises, having suitable kitchen facilities connected therewith containing conveniences for cooking an assortment of foods which may be required for ordinary meals and deriving the major portion of its receipts from the sale of food.
60.233 Retail Commercial Establishment.
"Retail Commercial Establishment" means a store, market, or shop in which commodities or services are sold or offered for sale in small or large quantities to the retail trade. Grocery and general stores, meat markets, public garages, and automobile service stations are included in this classification.
60.234 Roadside Stand.
"Roadside Stand" means a farm structure used or intended to be used solely by the owner or tenant of the farm on which it is located for the sale of only the seasonal farm products of the immediate locality in which the roadside stand is located.
"Story" means that part of a building included between the surface of any floor and the surface of the next floor or of the roof next above. When the distance from the average established grade to the ceiling of the story partly below such grade exceeds five (5) feet then the basement or cellar constituting the story partially below grade shall be constituted as a story.
60.236 Story, Half.
"Half Story" means a story which is situated within a sloping roof, the area of which at a height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area directly below it, wherein living quarters are used only as a part of the dwelling situated in the story below.
"Street" means a public thoroughfare which affords a principal means of access to abutting property.
"Structure" means any construction artificially built up or composed of parts joined together in some definite manner.
"Tavern" means a place where malt, vinous, or spirituous liquors are sold for consumption on the premises is defined as a tavern for the purpose of this ordinance.
60.240 Temporary Business.
"Temporary Business" means a business set up for a short period of time, such as asphalt plant, construction equipment yard, circus, carnival, stone crusher, etc.
As employed in this ordinance, the term "tent" shall not include any tent used solely for children's recreational purposes.
60.242 Tourist Home.
"Tourist Home" means primarily a family dwelling where lodging with or without meals is furnished for compensation chiefly on an overnight basis and mainly to transients, but not necessarily to anyone who may apply.
60.243 Tribal Board.
"Tribal Board" means the Board of Directors of the Tribe, the tribe's governing body elected pursuant to the Tribal Constitution.
60.244 Tribal Land.
"Tribal Land" means the area over which the Tribe exercises criminal or civil regulatory jurisdiction, and includes the following:
(1) all land within the exterior boundaries of the tribe's reservation; and
(2) all lands held in trust for the Tribe by the United States; and
(3) all lands owned by the Tribe which are 'dependent Indian communities' under 18 U.S.C. '1151.
"Tribe" means the Sault Ste. Marie Tribe of Chippewa Indians.
"Use" means the purpose for which land or a building thereon is designed, arranged, or intended to be occupied or used, or for which it is occupied or maintained.
"Yard" means a space open to the sky and unoccupied or unobstructed, except by encroachments permitted by this ordinance, on the same lot with a building or structure. Yard measurements shall be the minimum horizontal distances.
(1) "Front Yard" means a yard extending across the full width of the lot between the front lot line and the nearest line of the main building.
(2) "Rear Yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line of the main building.
(3) "Side Yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building or accessory building attached thereto.
SUBCHAPTER III: GENERAL PROVISIONS
Beginning with the effective date of this ordinance, and except as otherwise provided in this ordinance, no new building, or structure, or part thereof, shall be erected, and no existing building or structure shall be enlarged, rebuilt, or altered, and no building, structure, land premises, or part thereof shall be used on Tribal land for purposes other than in conformity with the provisions of this ordinance pertaining thereto.
60.302 Boundaries of Districts.
The boundary lines of districts established in this ordinance or set forth on the boundary lines of the zoning map adopted pursuant hereto, follow along the boundary lines of approved plats, property lines established in recorded instruments, the shoreline of waterways, the exteriors of such lines, and similar lines, unless a contrary intent appears.
60.303 Conflicting Laws, Ordinances, Regulations, and Restrictions.
(1) It is not intended by this ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of the law or ordinances, or any rules, regulations or permits previously adopted or issued pursuant to law relating to the erection or use of buildings of land; nor is it intended by this ordinance to interfere with or abrogate or annul any existing easements, covenants or other agreements between parties; provided, however, that where any provisions of this ordinance imposes more stringent requirements, regulations restrictions or limitations upon the erection or use of land or buildings, or upon the height of buildings and structures, or upon safety and sanitary measures or requires larger yard or open spaces than are imposed or required by the provisions of any other law or ordinance or any said rules, regulations, permits, or easements, then the provisions of this ordinance shall govern.
(2) The requirements of this ordinance are to be construed as minimum requirements, and shall in no way impair or affect any covenant or restriction running with the land, except where such covenant or restrictions imposes lesser requirements.
60.304 Uses of Non-Conforming Land, Buildings and Structures.
(1) At the discretion of the owner, the lawful use of any building, structure, land or premises on Tribal land existing prior to the effective date of this ordinance, although the use does not conform to the provisions of this ordinance, may be continued, and such use of any building may be extended throughout said building, provided no structural changes be made therein, except those required for safety.
(2) Whenever the non-conforming use of any building, structure, land or premises or part thereof is discontinued through vacancy, lack of operations or otherwise for a continuous period of twelve (12) months, then any future use of said building, structure, land or premises shall conform, in its entirety, to the provisions of this ordinance; provided, however, the Board of Appeals may, upon application within six (6) months after the termination of said period, permit the resumption of such non-conforming use.
60.305 Reconstruction of Damaged Non-Conforming Buildings and Structures.
Nothing in this ordinance shall prevent the reconstruction, repair or restoration and the continued use of any non-conforming building or structure by fire, collapse, explosion, acts of God, or acts of the public enemy, subsequent to the effective date of this ordinance, wherein the expense of such reconstruction does not exceed sixty (60) percent of the fair valuation of the building or structure at the time such damage occurred; provided, that such valuation be approved by the Zoning board of the property, and provided further, that said be identical with the non-conforming use permitted and in effect at the time of said damage.
60.306 Repair, Alteration and Completion of Non-Conforming Buildings and Structures.
(1) Nothing in this ordinance shall prevent the repair, reinforcement, improvement, or rehabilitation of a non-conforming building, structure or part thereof existing at the effective date of this ordinance, that may be necessary to secure or insure the continued advantageous use of the building or structure during its natural life; provided, that such repairs, reinforcement, improvements or rehabilitation proposes no change in the use of said building or part thereof.
(2) Nor shall anything in this ordinance require any change in the plans, construction or intended use of a building for which plans have been prepared heretofore and the construction of which shall have been diligently prosecuted within one (1) month of the date of passage of this ordinance, and which has been completed within twelve (12) months after the date of passage of this ordinance.
(3) No basement, cellar, garage or any incompletely constructed structure in use as a dwelling on the effective date of this ordinance shall be used as a dwelling for more than twenty-four (24) months following said date, unless such structure has been brought to a state of completion in conformity with the regulations of this ordinance relative to dwellings in the district in which such structure is located.
60.307 Yard and Area Requirements.
(1) Where a lot abuts upon an alley, one-half (1/2) of the width of said alley may be considered a part of such lot for the purpose of computing the area of such lot and for the purpose of computing the depth of any rear yard required under this ordinance.
(2) Where shape of lot or other circumstances result in conditions to which the provisions of this ordinance governing yard requirements are inapplicable, the Board of Appeals shall prescribe such yard requirements.
60.308 Limitations of Dwelling Per Lot.
Only one single-family, two family, or multiple family dwelling shall be erected on a lot or as provided hereafter in this ordinance.
60.309 Vehicular Parking Space.
For each dwelling, commercial, industrial, manufacturing, or other similar business or service establishments hereafter erected or altered, and located on a public highway, road or street on Tribal land, and including buildings or structures used principally as a place of public assembly, there shall be provided and maintained suitable space off the public right-of-way that is in general adequate for the parking or loading of vehicles in proportions shown on the following table and such space shall be provided with safe exit to and safe entrance from the public thoroughfare, but not to exceed one (1) such exit and entrance. Said exit and entrance may be combined or provided separately. Approval for the location of such exit and entrance shall be obtained from the Michigan Highway Department for all highways and roads within their jurisdiction, and from the Tribe for all other streets and roads, which approval shall also include the design and construction thereof in the interest of safety, adequate drainage and other public requirements. A minimum of two hundred (200) square feet, exclusive of drive, entrances and exits shall comprise one (1) automobile space. All parking space as required in this section, except that required for a dwelling, shall be provided with adequate artificial lighting between any time extending from one half hour after sunset to one half hour before sunrise when the use of such space is open to the public.
MINIMUM SPACES PER UNIT
Banks, business offices, architects, engineers, lawyers,
and similar professionals.
||One for each four hundred and professional offices of (400) square feet of usable space.|
Barber shops and beauty parlors.
||Two for each beauty or barber shop chair.|
||Five for each bowling lane.|
Churches, theaters, and auditoria
|One for each 100 square feet of usable floor space.|
Community clubs, dance halls, fraternal organizations, private clubs.
||One for each 100 square feet of usable floor space.|
||Two for each family.|
Hospitals, clinics and similar establishments.
for each 4 beds, and one for each two employees and/or staff members.
||One for each 2 wash machines.|
Professional offices of doctors, dentists and similar professions.
||One for each 100 square feet of usable floor area, and not less than 4 spaces, whichever is greater.|
Restaurants and similar establishments for sale and service of food
||One for each 100 square feet of usable floor space.|
||One for each 150 square feet of usable floor space.|
Tourist, boarding and lodging homes.
||One for each guest room.|
(13) Every building or structure engaged in loading goods shall provide space on the premises in addition to that required for parking for the loading, unloading, and standing of all vehicles, in addition to that required for parking, as hereinbefore provided, to avoid undue interference with public use of public highways.
60.310 Temporary Dwelling Structures.
(1) No building, mobile home, garage, tent, cellar, basement or other structure which does not conform to the provisions of this ordinance relative to dwellings shall be erected, altered or moved upon any premises and used for dwelling purposes except under the following applicable limitations.
(2) Such use of any such building, mobile home, tent, garage, basement, or other structure shall not be inimical to health, safety or the public welfare.
(3) The location of each such building, garage, cellar, basement, or other structure shall conform to the regulations governing the yard requirements governing dwellings or similar conformable structures in the district in which it is situated.
(4) Such use of any building, mobile home, tent, garage, cellar, basement, or other structure shall be for the sole purpose of providing dwelling facilities for the owner of premises during the period during which a dwelling conforming to the provisions of this ordinance is in the process of erection and completion; provided, however, that such a period shall not exceed twelve (12) months beginning with the date of issuance of the permit therefor.
(5) Application for the erection, movement, alteration and use of such building, mobile home, tent, garage, basement or other structure shall be made to the Building Administrator as provided by '60.504. Upon filing of such application with the Administrator, he shall refer the application to the Zoning Board for approval under the procedures and provisions of '60.501 for the granting of non-conforming use permits. On approval and delivery of the permit, the applicant shall certify in a space allotted for that purpose on the copy of the permit retained for filing that he has knowledge of the limitations of the permit and the penalty pertaining thereto. No permit shall be transferable to any other person. The conditions of this section shall not apply to any mobile home when located in a mobile home park.
(6) Appropriate application forms for such permits shall be furnished by the Building Administrator upon the payment of a nonrefundable fee of fifty (50) dollars.
60.311 Mobile Home Parks.
No parcel of land or premises shall be used for a mobile home park without compliance with the following regulations:
(1) The location and operation of such a park shall not tend to produce noise or annoyance or prove otherwise injurious to the surrounding neighborhood, nor be inimical to the public health, safety or general welfare of the community, nor be contrary to the purposes of this ordinance.
(2) Such park shall be provided with not more than one (1) safe entrance from and one (1) safe exit to the public highway or street.
(3) Application for a permit to erect such a park shall be made in writing to the Building Administrator as provided by '60.504, who shall refer the same to the Zoning Board for approval under the procedures and provisions of '60.501 for the granting of non-conforming use permits. The application shall show the location and extent of the proposed park, and such additional information as the Zoning Board may deem essential to take proper action on the application.
60.312 Combination Business and Dwelling Buildings and Structures.
Each building or structure used for combined dwelling and business purposes shall provide an area of not less than four hundred eighty (480) square feet for that part used for dwelling purposes.
60.313 Water Supply and Sewage Disposal.
(1) Every living unit shall have available a supply of water obtained from either:
(a) a public or municipal supply, if available; or
(b) a drilled, driven or dug well, if public water supply is unavailable.
(2) Every building or structure hereafter erected on any premises and used in whole or in part for human occupancy or frequency shall be provided with a safe and sanitary water supply, a hook-up to a municipal sewage disposal system or, if such service is unavailable, a septic tank system of sewage disposal, and a system of waste disposal erected and maintained in accordance with the standards of material and installation recommended by the Indian Health Service.
(3) Where land conditions are inadequate for the erection and maintenance of a safe sewage disposal system, special means shall be provided to safeguard health conditions, which means shall be approved by the Indian Health Service.
60.314 Interior Plumbing.
The installation of all interior plumbing shall comply with the provisions of any applicable code.
60.315 Essential Services.
Essential services as defined in this ordinance shall be permitted as authorized and regulated by law, it being the intention hereof to exempt such services from the application of this ordinance.
60.316 Temporary Business.
A business as described in '60.240 but not limited to those listed setting up on Tribal land, whether on private or public property, must obtain a permit from the Building Administrator prior to the date of setup.
SUBCHAPTER IV: DISTRICTS
60.401 Zoning Districts.
For the purpose of this ordinance, Tribal land is hereby divided into zoning districts to be known as residential, recreational, industrial, governmental, and commercial, the locations of which are shown on the Zoning Maps.
60.402 District Maps.
The areas assigned to these districts, the designation of the same and the boundaries of said districts shown on the map, said map being designated as the "Sault Ste. Marie Tribe of Chippewa Indians Zoning Maps", are hereby established and made a part of this ordinance, and said map and the proper notations, references and other information shown thereon, shall be as much a part of this ordinance as if the matters and information set forth by said map were fully described herein.
60.403 Residential Districts.
The following regulations shall apply to all Residential Districts.
(1) No building or structure, or any part thereof, shall be erected, altered or used, or land or premises used, in whole or in part, except by permit, for other than one or more of the following specified uses:
(a) Detached one-family dwellings.
(b) Home occupations; provided, however, that there be no external evidence of such operation except a small sign not exceeding twelve (12) square feet in area, which sign may be lighted but cannot be a flashing or blinking type of lighting. Lights will be directed so as not to bother the persons next door or any traffic on the street.
(c) Churches; schools; publicly owned buildings; public utility buildings; telephone exchanges and substations with service or storage yards; community clubs; country clubs; fraternal lodges and similar civic or social organizations when not operated for profit; land for privately owned and operated parks, picnic groves, golf courses, or similar facility for outdoor exercise and recreation which may or may not be operated for profit; provided, however, that the use of any such structure or land does not tend to produce objectionable noise of annoyance or prove otherwise injurious to the surrounding neighborhood and is not contrary to the spirit of this ordinance. Application for the location, erection, alteration or use of such land, building or structure shall be made to the Building Administrator as provided in '60.504, who shall refer the application to the Zoning Board under the provisions and procedures of '60.501 for the granting of non-conforming use permits.
(d) Multiple family dwellings are permitted in residential districts when authorized by permit issued by the Building Administrator under the procedures provided by '60.504.
(e) Two family dwellings are permitted in residential districts when authorized by a permit issued by the Building Administrator under the procedures provided in '60.504.
(f) Mobile homes may be occupied as a single family dwelling on a residential district, provided they comply with the following requirements:
(i) Only one mobile home is permitted on any lot, subject to applicable setback requirements.
(ii) Each mobile home shall be fixed upon a permanent foundation and set upon concrete block around the perimeter of such mobile home at least four blocks in height.
(iii) Mobile homes smaller than 12' x 60' are prohibited.
(2) No dwellings, except accessory dwellings, shall be erected or altered which provide less than seven hundred twenty (720) square feet of floor area, exclusive of any garage area or area in any accessory building, except for mobile homes which will have a minimum of seven hundred twenty (720) square feet (12' x 60').
(3) No other building hereafter erected or altered shall exceed two and one-half (2 1/2) stories or thirty (30) feet in height.
60.404 Agricultural Districts.
The following regulations shall apply to all Agricultural Districts:
(1) No building or structure, or part thereof, shall be erected, altered, or used or land or premises used, in whole or in part, for other than one or more of the following specified uses:
(a) Farm dwellings, farm buildings and structures including roadside stands, home occupations and portable sawmills.
(b) Farms, including both general and specialized farming and similar agricultural enterprises.
(c) Tourist homes, boarding houses, lodging houses when situated in farm dwellings.
(d) Fire control structures, airfields and ports, stone quarries, gravel or sand pits, churches, schools, publicly owned buildings, hospitals and institutions of similar nature, telephone exchanges and substations, community clubs, country clubs, fraternal lodges, and similar civic or social organizations, land for parks, picnic groves, golf courses, and similar facilities for outdoor exercise and recreation; provided, however, that the use of any such building, structure or land does not tend to produce noise or annoyance or prove otherwise injurious to the surrounding neighborhood and is not contrary to the purpose of this ordinance as set forth in the preamble. Application for the location, erection, alteration or use of such land, building or structure shall be made to the Building Administrator as provided in '60.504, who shall refer the application to the Zoning Board for its recommendation and approval by the Tribal Board under the provisions and procedures of '60.501 for the granting on non-conforming use permits.
(e) Accessory uses, buildings and structures incidental to any of the above permitted uses, including dwellings for the use of domestic employees, hired farm labor or tenants of the owner or lessee of the principal dwelling on the lot or farm.
(f) One one-family dwelling per farm in addition to any accessory dwellings, but subject to the following conditions:
(i) Such additional dwelling shall be located on a parcel of land other than that occupied by the farm dwelling and any accessory dwellings.
(ii) Such parcel shall have an area of not less than five (5) acres.
(iii) The acreage of said parcel shall be other than and in addition to the minimum of five (5) acres required for said farm under the provisions of '60.216 and '60.218.
(2) No dwelling may be erected or altered which provides less than seven hundred twenty (720) square feet of floor space, exclusive of any garage area or area of any accessory building, except for mobile homes which shall have a minimum size of 12' x 60'.
60.405 Recreational Districts.
No building, structure or part thereof shall be erected, altered, or used, or land or premises occupied in a Recreational District except by permit, authorized by special application under the procedures provided by '60.501.
60.406 Industrial Districts.
No building, structure or part thereof shall be erected, altered or used, or land or premises occupied in an Industrial District except by permit, authorized by special application under the procedures provided by '60.501. If use as a permanent residence is authorized, such dwelling shall be erected under the requirements pertaining to Residential Districts.
60.407 Governmental Districts.
No building, structure or part thereof shall be erected, altered or used, or land or premises occupied in a Governmental District except by permit, authorized by special application under the procedures provided by '60.501. If use as a permanent residence is authorized, such dwelling shall be erected under the requirements pertaining to Residential Districts.
60.408 Commercial Districts.
No building, structure or part thereof shall be erected, altered or used, or land or premises occupied in a Commercial District except by permit, authorized by special application under the procedures provided in '60.501.
SUBCHAPTER V: ADMINISTRATION AND ENFORCEMENT
60.501 Permissive Uses Requiring Application.
(1) The use of any building, structure or land not otherwise permitted under the provisions of this ordinance for use as a business or commercial establishment including trailer parks and cabin camps or other non-conforming use which does not tend to constitute a nuisance or prove otherwise injurious to the surrounding neighborhood and is not contrary to the purposes of this ordinance as set forth in the preamble may be permitted upon proper application and approval as provided in this section.
(2) Application for a permit for the location, erection, alteration or use of such land, building or structure shall be made as provided in '60.504 to the Building Administrator, who shall refer the application to the Tribal Zoning Board for its recommendation.
(3) The Tribal Zoning Board shall fix a time for hearing such application and shall give notice thereof by two (2) publications in a newspaper of general circulation; the first to be printed not more than thirty (30) days nor less than ten (10) days and the second not more than five (5) days before the date of such hearing.
(4) Upon the hearing any party may appear in person or by agent or attorney.
(5) Following the hearing, the Tribal Zoning Board shall make written recommendations to the Tribal Board to grant or deny the permit or to modify the application as in its opinion ought to be made in the premises.
(6) The Tribal Board, at its next regular or special meeting called for the purpose, shall either approve or deny the application and in the event of approval shall authorize the issuance of the permit.
60.502 Building Administrator.
(1) The provisions of this ordinance shall be administered by the Building Administrator.
(2) The duty of enforcing this ordinance shall rest with the Building Administrator including, unless otherwise provided, the issuance and revocation of permits. He shall prepare and file an annual report with the Tribal Board on the operation of the ordinance including recommendations as to the enactment of any amendments or supplements thereto. The Tribal Board shall designate the Building Administrator for a period of two (2) years by appointment.
60.503 Record of Non-Conforming Uses.
(1) Immediately following the effective date of this ordinance, the Building Administrator shall prepare a record of all instances of uses, location, size and construction of buildings, structures, premises, lots and lands which, on the effective date of this ordinance, are not in conformity with its provisions. Such record shall contain the legal description of the property and the nature and extent of all non-conformities, and on completion be deposited in the Building Administrator's office.
(2) As soon as the record is completed, the Building Administrator shall provide for the examination thereof in his office for thirty (30) successive days by any interested persons for the purpose of noting errors or omissions, and shall give notice of the provision for examination by publication in a newspaper of general circulation in the county for three (3) consecutive weeks.
(3) Errors and omissions in such record shall be corrected upon appeal and presentation of proof to the Tribal Board during its first session following the close of said examination period, following which the corrected record shall be permanently filed in the office of the Building Administrator. The corrected record shall constitute prima facie evidence of the nature and extent of non-conformance with reference to any land, premises, lot, building or structure existing at the time this ordinance becomes effective.
(4) Following the filing of the corrected record of non-conforming uses, it shall be the duty of the Building Administrator to observe these non-conformances and to report annually to the Tribal Board on the discontinuance of any nonconformance, including the date thereof. Such reports shall be kept on file with the Building Administrator.
60.504 Building Permits.
(1) Except as otherwise provided, no dwelling or building subject to the provisions of this ordinance shall be erected, altered, enlarged, or moved upon any land, lot or premises until a permit therefor has been issued by the Building Administrator in conformity with the provisions of this ordinance. Such permit shall be non-transferable and must be granted before any work of excavation, construction, alteration, enlargement or movement is begun.
(2) All applications for permits shall be submitted in duplicate to the Building Administrator not less than fifteen (15) days prior to the time when erection, alteration, enlargement or movement of a dwelling or building is intended to begin. Such application shall be accompanied by a duplicate drawing to scale showing:
(a) the location and actual dimensions of the land to which the permit is to apply;
(b) the kind of building to be erected;
(c) the width of all abutting streets and highways, easements and public open spaces;
(d) the area, size and location of all dwellings or buildings erected or to be erected, altered or moved upon the premises;
(e) the front yard dimensions for the nearest building on both sides of the proposed dwelling or building;
(f) the location, dimensions and description of the water supply and sewage disposal facilities to be constructed, such as septic tanks and disposal fields, privies, or any other facility used in the disposition of human excreta, sink wastes and laundry wastes;
(g) the location of existing wells on the premises adjoining the premises to be built upon; and
(h) the location of existing sewage disposal facilities on such adjoining premises.
(3) The Building Administrator is hereby empowered to waive the inclusion of any details specified in sub. (2) in the case of any application where the facts are not pertinent to the purpose of this ordinance.
(4) Nothing in this section shall be construed as to prohibit the owner or his agent from preparing his own plans and specifications, provided the same are clear and legible.
(5) For each such building permit issued, a fee set by the Tribal Board shall be paid to the Treasurer who shall place the same in a separate fund to be known as the Land Use Ordinance Fund, which fund shall be used for the administration of this ordinance only, as directed by the Tribal Board. No permit shall be valid until the required fee has been paid.
(6) Within fifteen (15) days after the receipt of the application, the Building Administrator shall issue a building permit to the owner, or his duly authorized agent, provided the dwelling or the building and the land and uses thereof as set forth in the application are in conformity with the provisions of the ordinance, and when such permit is refused, he shall state such refusal in writing with cause. The Building Administrator shall file one copy of the application with proper notations thereon, or attached thereto, relative to his approval or disapproval including the date thereof, as a record. The second copy of the application shall be returned to the applicant with similar notations.
(7) Accessory buildings when erected at the same time as the principal building on a lot and shown on the application therefor shall not require a separate building permit.
(8) The Building Administrator shall have the power to revoke or cancel any permit in case of failure or neglect to comply with any of the provisions of this ordinance or in case of any false statement or misrepresentation made in the application. The owner or his duly authorized agent shall be notified of such revocation or cancellation in writing.
60.505 Occupancy Certificate.
No dwelling or building subject to the provisions of this ordinance shall be occupied or used until the Building Administrator shall have issued a Certificate of Compliance and Occupancy to the owner or his duly authorized agent. Such certificate shall be applied for coincident with the application for a building permit. Within five (5) days after notification that the dwelling or building is ready for occupancy, the Building Administrator shall make final inspection thereof, and if it is found to be in conformity with the provisions of this ordinance, shall issue the owner or his agent a Certificate of Compliance and Occupancy. He shall also record his action, including the date, on the copy of the application retained on file as a record.
SUBCHAPTER VI: BOARD OF APPEALS
60.601 Creation of Board of Appeals.
There is hereby created a Board of Appeals which shall perform the duties and exercise the powers provided for a zoning board of appeals by Act 184 of the Public Acts of the State of Michigan of 1943, as amended, in such a way that the objectives of this ordinance shall be observed, public safety secured and substantial justice done.
60.602 Personnel of Board.
(1) The Board of Appeals shall consist of three (3) members, the first member of such board shall be the Chairman of the Tribal Zoning Board; the second shall be a member of the Tribal Board appointed by the Tribal Board; and the third member shall be selected and appointed by the first two members from among the eligible voters residing within an election unit of the Tribe, provided, that no elected officer of the Tribe nor any employee of the Tribal Board shall simultaneously serve as a member of or as an employee of the Board of Appeals.
(2) The total amount allowed any member of said Board of Appeals in any one year as per diem or as expenses actually incurred in the discharge of his duty shall not exceed a reasonable sum, which sum shall be determined annually in advance by the Tribal Board.
(3) The Tribal Board shall provide for the removal of any member for non-performance of duty or misconduct in office.
60.603 Meetings of Board of Appeals.
Meetings of the Board of Appeals shall be held at the call of the chairman and at such other times as the Board in its rules of procedure may specify. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Appeals shall be open to the public. The Board shall maintain a record of its proceedings which shall be filed in the office of the Building Administrator and shall be a public record.
60.604 Jurisdiction and Appeals.
(1) The Board of Appeals shall act upon all questions as they may arise in the administration of this ordinance, including the interpretation of the Zoning Maps, and may fix rules and regulations to govern its procedure sitting as such Board of Appeals. It shall hear and decide appeals from and review any order, requirements, decision or determination made by the Zoning Board, the Tribal Board, the Building Administrator or any administrative official charged with the enforcement of this ordinance. It shall also hear and decide all matters referred to it, or upon which it is required to act under the provisions of this ordinance. The concurring vote of the majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such board or administrative official, or to effect any variation in the matter upon which they are required to pass or to effect any variation in this ordinance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Tribe. The grounds of every such determination shall be stated.
(2) Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by the filing with the officer from whom the appeal is taken and with the Board of Appeals of a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
(3) An appeal stays all proceedings in the furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeals shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals on application on cause shown, after notice to the officer from whom the appeal is taken.
(4) The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by the agent or by attorney. The Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the officer from whom the appeal was taken, and may issue or direct the issuance of a permit. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, the Board of Appeals shall have the power of passing upon appeals to vary or modify any of its ruled, regulations or provisions so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done. The decision of such board shall not be final, and any person having an interest affected by any such ordinance shall have the right to appeal on questions of law and fact to the Tribal Board.
SUBCHAPTER VII: TRIBAL ZONING BOARD
60.701 Creation of Tribal Zoning Board.
There shall be a Tribal Zoning Board composed of five (5) members appointed by the Tribal Board. The members of said board shall be selected upon the basis of their respective qualifications and fitness to serve as members of a zoning board without consideration of their political activities. Of the members first appointed, three (3) shall be appointed for terms of two (2) years each. The other two (2) members shall be appointed for terms of four (4) years each. Each member of said board shall serve until his successor is appointed and has qualified. Upon the expiration of the terms of the members first appointed, successors shall be appointed in like manner, for terms of four (4) years each. Vacancies shall be filled in the same manner as is provided for the appointment in the first instance for the remainder of the unexpired term. No elected officer of the Tribe nor any employee of the Tribe shall serve simultaneously as a member or as an employee of the zoning board, and no less than two-thirds (2/3) of the members of such board shall be eligible voters of the Tribe who reside in a Tribal election unit. Members of the zoning board shall be removable for nonperformance of duty or misconduct in office by the Tribal Board upon written charges and after public hearing.
The Tribal Zoning Board shall hold a minimum of two (2) regular meetings annually, giving notice of the time and place by publication in a newspaper of general circulation within the tribe's service area not more than fifteen (15) nor less than eight (8) days prior thereto at which meetings any person having interests in the Tribe, or their duly appointed representatives, shall be hear relative to any matters that should properly come before the Zoning Board. The Zoning Board shall elect from its members a chairman, a secretary, and such other officers or committees as it may deem necessary, and may engage such employees including technical assistance for periods of one (1) year or less as it may require. The election of officers shall be held at least once in every two year period.
Members of the Tribal Zoning Board shall receive not to exceed twenty-five dollars ($25.00) per diem compensation. The total annual amount to be allowed as expenses of all members of such board, including any compensation paid its employees, shall be appropriated annually in advance by the Tribal Board and shall not exceed $5,000.00 per year.
SUBCHAPTER VIII: MISCELLANEOUS PROVISIONS
This ordinance and the various parts, sections, subsections, phrases and clauses hereof are hereby declared to be severable. If any part, sentence, paragraph, section, subsection, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it is hereby provided that the remainder of this ordinance shall not be affected thereby. The Tribal Board hereby declares that it would have passed this ordinance and each section, subsection, phrase, sentence and clause thereof irrespective of the fact that any one or more sections, subsections, phrases, sentences or clauses be declared invalid.
Amendments or supplements to this ordinance may be made from time to time in the same manner as for the enactment of this ordinance in the first instance.
(1) Any building or structure which is erected, constructed, reconstructed, altered, converted, maintained or used, or any use of land or premises which is begun, maintained or changed in violation of any provision of this ordinance is hereby declared to be a nuisance per se. Any person, firm or corporation or the agent in charge of such building or land who violates, omits, neglects or refuses to comply with, or resists the enforcement of any provisions of this ordinance, or any amendment thereof, shall be assessed a civil forfeiture upon conviction of not more than one hundred dollars ($100.00) together with the costs of prosecution, or shall be punished by imprisonment for not more than thirty (30) days, or by both such forfeiture and imprisonment in the discretion of the court; provided, that non-Indians shall not be subject to imprisonment. Each and every day during which an illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.
(2) The Tribal Board or the Tribal Clerk, the Board of Appeals, the Prosecuting Attorney of the Tribe, or any owner or owners of real estate within the district in which such building, structure, or land is situated may institute injunction, mandamus, or any other appropriate action or actions, to end such illegal erection, construction, reconstruction, alteration, maintenance or use. Jurisdiction is hereby conferred upon the Tribal Court established pursuant to Tribal Code Chapter 80 to hear and determine actions for violations of this ordinance.
(3) The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.