Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section PRP.02.17 — Variances

(a) A variance involves an exception to the Code requirements for certain standards for yard setbacks, minimum lot requirements, density requirements, and other dimensional standards. It is not used for construction or installation of a nonconforming structure within a land designation, nor can it be used to allow uses not expressly listed as permitted or conditional uses within a designation.

(b) An applicant for a variance shall show that the following conditions exist:

(1) The property cannot be put to a use listed because of limitations in the dimensions of the land or building.

(2) The applicant has unique exceptional circumstances related to the land in question which are not of his own making, and which would cause practical difficulties or unnecessary hardships if the code was applied.

(3) The requested change shall not alter the environment or character of the land or surrounding neighborhood.

(4) The requested change shall not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood.

(c) All applications for a variance shall be received by the Land Management Department. The Department shall be responsible to develop an application form and assure that all the necessary information for a variance request can be found on the form.

(d) Applications for a variance shall be accepted only from persons who are owners or assignees of property, or their agents, or who represent a division or subdivision of the Tribe or Tribal organization.

(e) The Land Use Review Board shall hold a public hearing within 30 days of the application for the variance, at which persons may present their views orally or in writing.

(f) A variance may be issued for an indefinite period or for a specified period only, as determined by the Land Use Review Board.

(g) The Land Use Review Board shall recommend approval of all variances, with final approval by the Tribal Council.

(h) The Board or the Tribal Council may attach conditions necessary to protect the best interests of the surrounding property and the Tribe as a whole.

(i) The Land Management Department shall issue the variance upon receipt of a directive from the Tribal Council.