Chapter 19-3 ZONING DISTRICTS

CHAPTER 19-3
ZONING DISTRICTS

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.

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 (1) of the uses listed below:

(1) Agricultural uses including farming, animal husbandry, poultry, and other livestock, except for a confined animal feeding operation (CAFO), 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.

(20) Confined animal feeding operation (CAFO).

(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.

(Amended by PBP TC No. 2017-072, February 8, 2017)

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.

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.

(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.

(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.

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.

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 given by publication at least once in the News section on the homepage of the official website of the Prairie Band Potawatomi Nation; by signage with the proposed zoning change posted on the affected property; by written notice of such proposed change mailed to all the owners of land located within one thousand (1,000) feet of the area proposed to be altered; and by posting at the Government Center, Prairie Band Potawatomi Nation Elder Center, and the Prairie Band Potawatomi Nation Police and Fire Departments. Such notice shall be published at least fifteen (15) days prior to the hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms. 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 News section on the homepage of the official website of the Prairie Band Potawatomi Nation. A copy of such legal publication shall be added to the appendix of these regulations. Within thirty (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.

(Amended by PBP TC No. 2021-416, November 23, 2021)

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.)