Chapter 19-9 AMENDMENTS.

CHAPTER 19-9
AMENDMENTS.

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

19-9-1 Application.

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

(A) The applicant’s name and address.

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

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

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

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

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

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

19-9-2 Filing Fee.

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

19-9-3 Public Hearing and Notice.

Before the Planning Commission shall, by proper action, formulate its recommendation to the Governing Body on any such proposed or requested change of zoning district boundary or regulation, whether initiated by the Governing Body or the Planning Commission or by others, the Planning Commission shall cause a notice of public hearing to be published once in the News section on the homepage of the official website of the Prairie Band Potawatomi Nation and at least fifteen (15) days shall elapse between the date of such publication and the date set for the hearing. Such notice shall fix the time and place for such hearing and shall contain a statement regarding the proposed changes in the regulations or restrictions or in the boundary of any district, and if such proposed amendment will affect specific property, the legal description and general street address shall be given; provided, that in addition to such publication notice, notice of such proposed change shall be given by written notice mailed to all the owners of land located within one thousand (1,000) feet of the area proposed to be altered, posted on signage on the affected property stating the proposed zoning change, and posted at the Government Center, Prairie Band Potawatomi Nation Elder Center, and the Prairie Band Potawatomi Nation Police and Fire Departments. An opportunity shall be granted to interested parties to be heard. Failure to receive such notice shall not invalidate any subsequent action taken when notice has been properly addressed and deposited in the mail.

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

19-9-4 Zoning Classifications of Lesser Change.

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

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

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

19-9-5 Protest.

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

19-9-6 Planning Commission General Structure and Operation.

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

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

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

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

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

19-9-7 Annual Review.

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

19-9-8 Administration.

(A) Duties of the Zoning Administrator.

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

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

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

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

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

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

(B) Duties of the Planning Commission.

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

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

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

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

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

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

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

19-9-9 Appeals to Tribal Court.

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