CHAPTER 19-2
ZONING DISTRICT REGULATIONS.

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:

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

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.

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.

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.

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.