Section PRP.02.05 — Definitions

Access Road: A means of vehicular approach, entry to, or exit from property.

Accessory Use: A building or infrastructure use which is subordinate to and serves a permitted use and is located on the same land as the permitted use without Land Use Review Board Approval.

Assignment: An area of tribal land set aside for a tribal members use and occupancy as established by the Tribal Land Ordinance.

Building: Any structure built for the supporting or sheltering of any use or occupancy.

Building Plan Review Permit: A permit that allows construction to commence as approved by Land Management. The "Building Plan Review Permit" requires a plan to be submitted to Land Management for review for any new building, which includes home construction, modular home, mobile home (new/used), any structure that is built as a four seasons room, or any type of building used as a business.

Camping: Temporary occupancy of any site utilizing tents, camper trailers or other vehicle designed for recreational purposes. Temporary under this definition means 30 days with right to apply for 3 subsequent 30-day renewals.

Commercial Farming: Activities related to the growing and harvesting of food, feed, other crops, animals, and animal products which are sold or traded, and which utilizes more than five acres of land.

Conditional Use Permit: A permit that authorizes the recipient to make use of property in accordance with the requirements of this Code as well as any additional requirements imposed. Only conditional uses identified in the Code shall be permitted.

Days: Except were specifically designated, days means calendar days.

Designation: The term used to describe that certain lands be used for certain defined purposes.

Dwelling: Any building or portion thereof which is designed, designated or used for residential purposes.

Forestry Permits: Permits issued by the Forestry Department that authorize the recipient to gather and use forest products in accordance with the requirements of the Tribal Forest Resources Ordinance.

Four Seasons Addition or Structure: Any structure that can be utilized as part of a dwelling but excludes garages, barns, sheds, pole buildings, porches, decks, or other similar structures.

General Land Use Permits: Permits issued by the Land Management Department or the Forestry Department that authorize the recipients to make use of property in accordance with the requirements of the Land Use Code or other Tribal laws. The following types of permits are included under this definition: Building Plan Review Permit, to include New Construction, Installation of a Modular Home, Installation of a New or Used Mobile Home, Construction of a Four Seasons Addition, Sanitation, Free-Use, Agricultural, Camping, and Tree Removal.

Heavy Manufacturing: Industrial operation where more than one building is involved, where a great deal of activity and storage occurs outside of buildings, and whose effects (such as smoke, noise, light, heat, and odors) can be detected beyond property lines.

Home Business Use : Any use of a private home dwelling as a business venture which is clearly secondary to the main use of the home as a dwelling place, does not change the character thereof, has only limited exterior evidence of such secondary use, and is conducted only by family members residing in the home. This would include businesses operated on one's home land assignement, but not using the home.

Junkyard/Recycling Center: a collection or storage of any unsightly material or objects that is considered foreign to the natural landscape of the area, such as, but not limited to: unlicensed and inoperable vehicles, scrap materials, or any other collection of objects or materials.

Kennel: a place where four or more dogs over the age of 3 months are boarded, bred, or offered for sale.

Land Management Specialist: a person in the Tribal Land Management Department who administers the programs of the Department.

Land Management Technician: a person in the Tribal Land Management Department who maintains the technical aspects of the Department such as GIS, GPS, and surveying of land.

Land Use Review Board: the group of persons appointed under this Code to make recommendations and/or decisions regarding land use. The Land Committee functions as the Land Use Review Board.

Light Manufacturing: Industrial operation where all or nearly all activity is contained within a single building, does not require extensive loading and unloading facilities or outside storage, whose effects (such as smoke, noise, light, heat, and odors) cannot be detected beyond the boundaries of the property.

Low Density: a minimal or low per capita ratio of dwellings per fixed measure of land area.

Manufactured home: a factory built structure that is manufactured or constructed under the authority of the National Manufactured Home Construction and Safety Standards Act to be used for human habitation. A manufactured home is not a mobile home.

Medium Density: Contains a low per capita ratio of dwellings per fixed measure of land (0.8 to 2.49 acre lots) and its function is to better accommodate community sewer and water.

Mobile home: a transportable single-family dwelling intended for permanent occupancy that by original design is capable of being moved on public streets and highways.

Modular Home: a manufactured or factory built home that conforms to standard building codes and is not equipped with any wheels or axles allowing it to be moved, other than for purposes of moving to a permanent site.

New Construction: the erection of a new structure or other permanent fixture on unused land.

Permitted Use: A use of land that is allowed within a designation.

Person: Individuals, tribal government, firms, organizations, corporations, associations and any other similar entity.

Reservation and/or Tribally Regulated Lands: Means the lands identified in Section PRP.02.04 in this ordinance.

Structure: anything constructed or erected that requires location on the ground or attached to a location on the ground, but not including fences.

Tribal Council: the governing body of the Stockbridge-Munsee Community, Band of Mohican Indians.

Travel Trailer: a structure built on a chassis with or without a complete kitchen or toilet, and designed to be used for temporary habitation for travel or recreation.

Uniform Dwelling Code: Notwithstanding any other law, Uniform Dwelling Code means Wisconsin Comm Chapters 16, 20, 21, 22, 23, 24, 27, 82, 83, 84, 85, and 86 (electrical, plumbing, manufactured homes, septic, and building codes) including future amendments to the Wisconsin Administrative Code Commerce Chapters, except the Stockbridge-Munsee Community retains exclusive jurisdiction regarding all permits, inspection and other enforcement.

Unnecessary hardship: any circumstances which were not self-created and which affect a particular land assignment or lot, making strict adherence to the requirements of this code as to area, density setbacks, or frontage burdensome or unreasonable.

Variance: An exception or waiving of the provisions of this Code for standards for yard setbacks, minimum lot requirements, or density requirements where it would cause unnecessary hardship to adhere to the Code.

Yard: an open space on the same lot with a building and unoccupied by structures.

Front yard: a yard extending the full width of the lot or assignment and that is between a building and the road-right-of-way.

Rear yard: a yard extending the full width of the lot or assignment and that is between a building and the rear lot property line or assignment line.

Side yard: a yard on each side of a building extending from the building side wall to the side lot property line or assignment line.