Section PRP.02.07 — Statement Of Purpose And Permitted Uses

The following sections specify the purpose, intent, and permitted uses for each class of land use designation identified under Section PRP.02.06 of this Code.

(a) HOUSING/RESIDENTIAL. This designation is intended to provide lands for low to medium single-family dwellings for human habitation, and for certain private and public facilities or services that are compatible with neighborhood surroundings.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary land use permit:

(A) Single-family dwellings.

(B) Duplex (2-family, 3-family, 4 family) dwellings.

(D) Manufactured, modular, mobile homes to be used as dwellings.

(E) Parks and playgrounds and related structures.

(2) Permitted Accessory Uses.

(A) Private garages/private storage of motor vehicles.

(B) Accessory uses customarily incidental to the permitted uses.

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a conditional use permit:

(A) Governmental facilities uses.

(B) Churches and religious sites.

(D) Home Business use. (Home business use may differ if the home is in a subdivision where homes are in closer proximity, depending on what type of business involved.)

(E) Public and private schools.

(F) Farming, orchards, nurseries for private use.

(G) Travel trailers used as dwellings and not in a permitted mobile home park or trailer court.

(H) Mobile home parks/trailer courts.

(I) Rental of land and/or home on tribal land. This excludes fee land owned by individual tribal members. The Tribal Council reserves the right to tax or require paid lease for non-enrolled persons living in rented homes on tribal land to compensate for snow removal, garbage pickup, and other services provided.

(4) Prohibited Uses. All other uses are prohibited.

(5) Cluster Development. The following provisions apply to areas that are developed as planned communities for housing:

(A) A development plan shall be drafted and approved by the Tribal Council for number of sites and size of sites.

(B) A "footprint" of where each dwelling will go shall be pre-determined in the development plan, utilizing above density requirements to the extent practical.

(D) The plan shall include road patterns and standards for their development.

(E) The plan shall include other infrastructure such as wastewater treatment, water accessibility, electricity, and telephone.

(F) Individual lots cannot be further subdivided or made smaller for additional home lots located in subdivisions except as provided for in Section PRP.02.08(a)(6).

(6) Additional Requirements. The following provisions apply for mobile homes within the Housing/Residential Designation:

(A) It is strongly recommended that a mobile home be placed on a cement pad to provide for adequate drainage and support against settling and frost heave in order to provide for longevity of the mobile home.

(B) A mobile home shall be in intact condition with a good exterior appearance. There shall be no minimum age requirement.

(D) It is strongly recommended that all mobile homes shall be secured by the use of the appropriate tie-down mechanism.

(E) Mobile homes must pass inspection before permits are granted or the trailer allowed to be moved onto the assignment. Placement of a mobile home on a land assignment prior to obtaining the required inspection and permits may lead to enforcement actions against the assignment holder.

(7) The minimum lot requirement for a mobile home shall be one (1) acre.

(b) COMMERCIAL/ENTERPRISE. This designation is intended to provide lands for the location of businesses with good access to major roadways.

(1) Permitted Principal Uses: The following principal uses are permitted under this designation upon issuance of any necessary land use permit:

(A) Retail and wholesale sales: grocery, hardware, general merchandise, handicraft, other sales to consumers.

(B) Professional and semi-professional offices such as doctor, dentist, attorney, real estate.

(D) Personal services such as barber shops, hair stylists, etc.

(E) Theaters.

(F) Business services including any warehousing and storage services.

(G) Automobile gas stations and parking.

(H) Churches.

(I) Motels and hotels.

(J) Indoor and outdoor recreational uses.

(K) Laundromats.

(L) Automobile Sales

(2) Permitted Accessory Uses.

(A) Parking of trucks and delivery vehicles.

(B) Activities and uses which are customarily associated with the principal uses.

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a conditional use permit:

(A) Hospitals, nursing homes, community-based residential facilities.

(B) Light manufacturing clearly incidental to a retail business lawfully conducted on the premises.

(D) Automotive sales and repair service.

(E) Adult Day Care.

(F) Youth Day Care.

(G) Automobile dismantling, wrecking, or junkyards, provided it is fully screened or fenced so that the storage and operation is not visible from any public roadway or other property. If fence barrier is not provided within 45 days, Tribe may provide at owner's expense.

(H) Burial Grounds, Cemeteries, Individual Burials, except in any lowlands.

(I) Drive-in theaters, race tracks, or other outdoor commercial amusements of a permanent nature involving a large assembly of people.

(J) Mining, including quarrying, mineral extraction, explorations, and conversion facilities.

(K) Sanitary landfill.

(4) Prohibited Uses. All other uses are prohibited.

(c) INDUSTRIAL/MANUFACTURING. This area is intended to provide for light manufacturing where all or nearly all activity is contained within a single building, does not require extensive loading and unloading facilities or outside storage, and whose effects such as smoke, noise, light, heat, and odors cannot be detected outside property boundaries; and heavy manufacturing where more than one building is involved, where there is a great deal of activity with storage outside of buildings, and effects such as noise, smoke, dust, heat, light, and odors can be detected beyond property lines. These areas shall be located on roads suitable for industrial traffic and compatible with nearby land uses.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary land use permit.

(A) Agricultural supplies, machinery and equipment sales.

(B) Building contractor, equipment and material storage.

(D) Electric light and power company yards.

(E) Express mail and packages warehousing.

(F) Fish or meat wholesale, storage, curing.

(G) Commercial Kennels.

(H) Manufacturing, processing, packaging or treatment of such products such as drugs, bakery good, food, candy, beverages, dairy products, cosmetics and toiletries.

(I) Manufacturing, assembling, or treatment of articles or merchandise from bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, metal, paper, plastics, precious and semi-precious minerals, shells, textiles, tobacco, wood, yarns, and paints.

(J) Radio, television, and communications transmitting station and tower.

(K) Sawmill and lumber yard.

(L) Storage warehouses.

(2) Permitted Accessory Uses. Uses customarily incidental to any of the above listed.

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a Conditional Use Permit, because of the consideration of odor, dust, smoke, noise, fumes, or hazard. All environmental codes shall be met.

(A) Acid manufacturer.

(B) Asphalt manufacture, mixing, refining.

(D) Cement, lime, gypsum, or plaster of paris manufacture.

(E) Explosives, storage or manufacture.

(F) Reduction of disposal of garbage or similar refuse.

(G) Rock crushers.

(H) Rubber reclaiming.

(I) Tanneries.

(J) Wineries.

(K) Manufacturing of industrial or household adhesives, glues, or cements or component parts thereof.

(L) Automobiles, mobile homes, motorized vehicles sales and services.

(M) Bus line depot, garage and repair.

(N) Fuel distributors.

(O) Mining, including quarrying, mineral extraction, explorations, and conversion facilities.

(P) Slaughter houses.

(Q) Solid waste transfer station.

(R) Large-scale laundries.

(S) Automobile dismantling, wrecking, or junkyards, provided it is fully screened or fenced so that the storage and operation is not visible from any public roadway or other property. If fence barrier is not provided within 45 days, Tribe may provide at owner's expense.

(T) Burial Grounds, Cemeteries, Individual Burials, except that burial grounds, cemeteries, and individual burials are not permitted in any lowlands.

(U) Drive-in theaters, race tracks, or other outdoor commercial amusements of a permanent nature involving a large assembly of people.

(V) Sanitary landfill.

(4) Prohibited Uses. All other uses are prohibited.

(d) GOVERNMENT FACILITIES/PUBLIC USE. This designation is intended to provide land for Tribal governmental services.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary Land Use Permit:

(A) Governmental services office.

(B) Fire, police, and ambulance services.

(D) Educational facilities such as schools, colleges, libraries.

(E) Health care facilities.

(F) Churches.

(G) Burial grounds, Cemeteries, Individual Burials, except that burial grounds, cemeteries, and individual burials are not permitted in any lowlands.

(H) Elderly care and activities.

(I) Recreational activities, both indoor and outdoor.

(J) Child care facilities.

(K) Homeless shelters.

(L) Emergency shelters.

(2) Permitted Accessory Uses.

(A) Garages.

(B) Storage buildings.

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a Conditional Use Permit:

(A) Housing/residential.

(4) Prohibited Uses. All other uses are prohibited.

(e) COMMERCIAL FOREST. This designation is intended to identify that portion of the forests which shall be managed by the Tribe pursuant to Chapter ENV.02, to produce quality saw timber and pulpwood for sale.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary Land Use Permit:

(A) Growing and harvesting of forest products and all operations associated with such uses; timber production.

(B) Fish and game management.

(D) Camping

(2) Permitted Accessory Uses.

(A) Hunting, fishing, and trapping

(B) Gathering of firewood

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a Conditional Use Permit:

(A) Lumber milling utilizing portable mills.

(B) Gravel, clay, fill extraction, and explorations.

(4) Prohibited Uses. All other uses are prohibited.

(f) RESERVE. This designation prohibits any development but is to remain open for low impact recreation and for hunting subject to the permitted uses below and applicable ordinances, including Chapter ENV.01 and Chapter ENV.02.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary Land Use Permit:

(A) Fish and wildlife management.

(B) Harvesting of wild crops, personal use only.

(D) Nature trails.

(E) Camping

(2) Permitted Accessory Uses

(A) Hunting, fishing, trapping.

(B) Swimming.

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a Conditional Use Permit:

(A) Educational field trips.

(B) Scientific research.

(D) Burial Grounds, Cemeteries, Individual Burials, except that burial grounds, cemeteries, and individual burials are not permitted in any lowlands.

(4) Prohibited Uses. All other uses are prohibited.

(g) PARKS/RECREATION. This designation is intended to provide lands for outdoor enjoyment of the environment.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation.

(A) Outdoor recreational activities such as baseball, softball, football, basketball, soccer, volleyball.

(B) Picnicking.

(D) Nature trails.

(E) Campgrounds.

(F) Swimming.

(G) Boating/Canoeing.

(H) Camping.

(2) Permitted Accessory Uses

(A) Picnic tables, grills.

(B) Structures, such as picnic shelters and public restroom facilities.

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a conditional use permit:

(A) Housing/Residential.

(4) Prohibited Uses. All other uses are prohibited.

(h) UTILITIES/INFRASTRUCTURE/TRANSPORTATION. This designation is intended to set aside the necessary lands that provide services to the community such as water and sanitation systems, and to specify which lands are suitable for transportation links.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary land use permit:

(A) Water tower.

(B) Public sewage treatment facilities.

(D) Telecommunications (towers, boxes).

(E) Roads.

(F) Airstrips.

(2) Permitted Accessory Uses. Uses customarily associated with principal uses.

(3) Prohibited Uses. All other uses are prohibited.

(i) HISTORIC/CULTURAL. This designation is intended to set aside lands that shall enable historic and cultural traditions to be practiced.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary land use permit:

(A) Pow-wow grounds.

(B) Maple sugaring.

(D) Conduct of religious or cultural activities.

(E) Cultural and ceremonial activities.

(F) Education and recreation related to tribal cultural activities.

(G) Camping

(2) Permitted Accessory Uses.

(A) Parking areas.

(B) Hunting, fishing, trapping.

(D) Other uses customarily associated with principal uses.

(3) Prohibited Uses. All other uses are prohibited.

(j) AGRICULTURAL. This designation is intended to set-aside lands that are suited for purposes of farming, animal range, orchards, gardens and related activities.

(1) Permitted Principal Uses. The following principal uses are permitted under this designation upon issuance of any necessary land use permit:

(A) Farming, including the use of land and buildings for the purpose of obtaining a profit or subsistence by raising, harvesting, and selling crops, or by the breeding, feeding, management and sale of livestock, poultry or honeybees, or for dairy products or any other agricultural or horticultural use or animal husbandry and any combination thereof. Farming includes the preparation, processing, and storage of the products raised on such land for human or animal use and the disposal by marketing or otherwise, and buildings to conduct such activities.

(B) Tree farms.

(D) Pasture and grazing.

(E) Private and commercial kennels.

(F) Temporary seasonal roadside stands to sell agricultural products.

(2) Permitted Accessory Uses: Uses customarily associated with principal uses.

(3) Conditional Uses. The following uses are allowed in accordance with requirements for and upon the issuance of a conditional use permit:

(A) Rental for agricultural uses.

(B) Recreational facilities.

(D) Public parks and playgrounds.

(E) Concentrated Animal Feeding Operations.

(F) Burial Grounds, cemeteries, individual Burials, except that burial grounds, cemeteries, and individual burials are not permitted in any lowlands.

(G) Mining, including quarrying, mineral extraction, explorations, and conversion facilities.

(H) Sanitary landfill.

(4) Prohibited Uses. All other uses are prohibited.

(k) MULTI-PURPOSE/MIXED USE. This designation is set aside for more than one purpose or to be used in the future for one of several purposes. In order to regulate the effects of differing land uses and assure compatibility, any use desired in this designation shall be allowed only under a Conditional Use Permit.

Any of the uses listed in this Code under the following designations is allowed in accordance with requirements for and upon the issuance of a conditional use permit:

(1) Housing/Residential

(2) Commercial/Enterprise

(3) Industrial/Manufacturing

(4) Government Facilities/Public Use

(5) Commercial Forest

(6) Wilderness

(7) Parks and Recreation

(8) Utilities/Infrastructure/Transportation

(9) Historic/Cultural

(10) Agricultural