09-17-81
TITLE 7
MUCKLESHOOT ZONING ORDINANCE
7.01.010 Statement of Purpose.
(a) The Muckleshoot Indian Reservation is located in a rural area
of south King County and north Pierce County. The primary uses of land
on the Reservation are agriculture and forestry. In the northern
section of the Reservation there are extensive gravel quarries. Within
the last several years the reservation has become subject to intensive
development pressure and these historic uses have begun to be
displaced in the northern portion of the Reservation by poorly planned
collections of mobile home parks, roadside businesses, apartment
buildings, and other uses. The Muckleshoot Indian Tribe recognizes the
need to ensure the orderly growth of its Reservation and the
development of the Reservation to meet the needs of its people. The
purpose of this ordinance is to maintain the Reservation as a social,
cultural, political, and economic unit for the continuing benefit and
prosperity of the members of the Muckleshoot Indian Tribe. This
ordinance shall be interpreted so as to implement this goal and those
goals and standards listed below consistent with due process and equal
protection guarantees.
(b) The goals and objectives to be implemented by this
ordinance are:
(1) To ensure use of the land that is sensitive to its
physical and aesthetic nature;
(2) To protect ans reinforce traditional tribal lifestyles
and culture by protecting the rural environment of the
Reservation, its fishery and other natural resources;
(3) To provide properly planned community facilities roads,
and utilities, thereby promoting the health, safety and
general welfare of reservation residents;
(4) To provide development standards flexible enough to
simulate creativity and variation while maintaining
sufficient control to achieve the objectives of this
ordinance;
(5) To ensure that adjacent land uses are functionally and
aesthetically compatible;
(6) To preserve fish, game, timber, water, mineral and other
natural resources;
(7) To prevent degradation of the Reservation environment
including but not limited to air and water quality and
the protection of reservation ground and surface water
supplies;
(8) To preserve agricultural areas and the rural character of
the Reservation.
(9) To restrict gravel mining to existing quarries;
(10) To restrict further mobile home parks and apartment
development;
(11) To ensure that housing and business developments meet the
needs of tribal members as well as other Reservation
residents. Among the housing needs of tribal members
which development should meet is the need for low and
moderate income housing which has suitable space for
large families and adequate open space and recreational
area;
(12) To protect against the hazards of development in areas
subject to flooding long periods of standing water, and
on steep slopes and geologically unstable areas;
(13) To ensure that development is consistent with the
capacity of public facilities and services;
(14) To preserve and restore the natural conditions of the
White Stuck River Valley and other Reservation stream
areas;
(15) To ensure that soil conditions and sewage disposal
systems are appropriate for a proposed use;
(16) To preserve cemetaries, archeological sites, and
artifacts;
(17) To preserve existing views and vistas;
(18) To preserve trails, berry and fruit picking areas of the
Muckleshoot people.
7.01.020 Findings.
(a) The Muckleshoot Indian Tribal Council finds that:
(1) The Muckleshoot Indian Reservation was established to
provide a permanent homeland for the use and benefit of
the Muckleshoot Indian Tribe.
(2) The majority of the employed members of the Muckleshoot
Indian Tribe pursue livelihoods in the area of forestry,
agriculture, and fisheries and such livelihoods are an
integral part of Muckleshoot culture and identity.
(3) The existence of land within the Reservation suitable for
these uses provides opportunities for members and other
Reservation residents to pursue livelihoods dependent on
these land resources.
(4) The existence of rural and agricultural lands in
urbanizing areas provides unique open space, educational
and economic benefits and contributes to the quality of
life enjoyed by all Reservation residents.
(5) Preservation of the reservation's land resources and of
employment opportunities dependent on agricultural,
forestry and fisheries land uses is essential for the
continued maintenance of Muckleshoot culture and
identity.
(6) Agriculture, forestry, and fishery uses are a predominant
land use within the Muckleshoot Indian Reservation and
viable agricultural uses in the area have an average
minimum size of 10 acres.
(7) Areas near the Reservation contain sufficient suitable
land to accomodate future urban type commercial, urban
residential and industrial uses, while maintaining the
rural character of the Reservation.
(8) Land suitable for agricultural and other rural uses is a
unique and irreplaceable environment and when such land
is converted to other uses an important natural resource
is lost.
(9) Agricultural, forestry, fishery and other rural uses are
affected by the activities permitted and carried out on
adjacent properties. Incompatible uses on adjacent
properties will, where conflicts are created, negatively
impact the continued use of agricultural, forestry,
fishery related uses.
(10) The preservation of agricultural, fishery and related
uses provides local residents with the opportunity to
purchase local products from local outlets.
(11) A significant portion of the land in the Reservation
suitable for agricultural, forestry, fishery and other
related uses is not currently served by adequate urban
services such as sewer, water and public road systems.
The pressure for development of such land for more
intensive uses creates a concomitant pressure for
publicly financed urban services which may cost more
than the revenue generated by the development they serve.
(12) Muckleshoot culture and identity are threatened by
urbanization of the Reservation.
(13) Indian culture emphasizes living within nature's
limitations rather controlling nature for what is
perceived by some as man's benefit. Land use on the
Reservation should be compatible with the natural
physical and aesthetic nature of Reservation lands.
Development which strips the land of its vegetation,
destroys wildlife habitat, substantially alters the
natural features of the land or otherwise is
incompatible with the natural carrying capacity and
ecological balance of the land is inconsistent with
Indian culture.
(14) Preservation of the rural character of the Reservation
and limitation of development to uses compatible with
the natural physical and aesthetic nature of Reservation
Land is essential for the continued maintenance of
Muckleshoot culture and identity.
(15) A large portion of the land within the White River
Valley is unsuitable for intense development because of
flooding hazards and unstable and steep slopes. This
land is suitable for fishery, forestry and agriculture
uses. Development for more intensive uses aggravates
flooding, adversely affects the White River fishery,
replaces water retentive with impervious surfaces, and
creates pressure for construction of publicly funded
flood control projects and urban services.
(16) Urban services available on the Reservation including
but not limited to water, sewage disposal, roads, fire
and police protection are severely limited.
(17) Commercial residential land development threatens to
overtax the available services and presents problems of
scale not presented by individual development by
landowners for their own use and that of their families.
(18) A substantial portion of the housing occupied by Indian
families on the Reservation is substandard. Low and
moderate income replacement housing is needed with
suitable space for large families good quality
construction, and adequate open space and recreation
areas.
(19) A substantial portion of the existing Reservation
housing consists of mobile home units located in trailer
parks and apartments. Existing mobile home park spaces
and apartments meet present and future needs for this
type of housing by Reservation residents. Additional
mobile home park spaces and apartment units are
inconsistent with the maintenance of the existing rural
Indian character of the Reservation.
(20) Adequate general commercial development to serve the
needs of Reservation residents exists in areas near the
Reservation. The need for commercial land use on the
Reservation is therefore limited to neighborhood
commercial uses serving the day to day needs of
Reservation residents.
(21) The primary arterial serving the Reservation has a
limited capacity. Commercial and other uses which
generate excessive traffic volumes should be limited.
(22) Gravel scalping operations on the Reservation have
defaced Reservation lands and destroyed Reservation
game, fishery and timber resources. Further gravel
mining should be limited to existing quarries and
should not be permitted in or near the White River.
7.01.030 Definitions.
Accessory Use - A use subordinate to the principal use and located on
the same parcel as the principal use.
Agricultural Use - See Section 7.01.040 (b)
Building Setback - The distance beyond which a building shall not
extend into any yard or the distance a building or use must be removed
from lot line or rights of way.
Commercial - Any activity for profit.
Community Facility - See Section 7.01.040
Forestry Use - See Section 7.01.040
May - When used in this ordinance the word "may" indicates a
discretionary decision to be made by the Muckleshoot Planning
Commission or Muckleshoot Tribal Council.
Non-Conforming use - The use of a building, structure or parcel of land
which does not conform to the regulations of the zone in which it is
located. Such use is non-conforming regardless of whether it was
lawful at the time ordinance became effective.
Official Zoning Map - The map approved by the Muckleshoot Tribal
Council as a part of this ordinance which describes the boundaries of
the zones provided herein.
Planning Commission - The Muckleshoot Tribal Planning Commission.
Planning Staff - The Muckleshoot Planning Department Staff.
Plat - A plan or map subdividing a tract of land into lots or parcels
considered to be separate units of property.
Shall - A mandatory action ministerial in nature.
Site Development Standard - The standard established by this ordinance
and other applicable tribal ordinances for proposed building sites such
as but not limited to parking, yard area lot size, landscaping,
buffering devices, access to public right-of-way, etc; these standards
may vary from site to site.
Subdivision - A parcel of property which has been divided into two or
more separate units by a tribally approved, registered plat. The act
of dividing a parcel of property
into two or more units.
Tribal Council - The Muckleshoot Tribal Council.
Zone - A portion of the Muckleshoot Reservation designated on the
zoning map as one of the districts described in this ordinance.
Section 7.01.040 Description of Zones.
(a) Rural Residential and Agricultural Zone - The purpose of this
zone is to maintain the rural residential and agricultural character of
the zone. Agricultural, forestry, single family rural residential,
home industry, community facilities and related uses are permitted.
No other uses are permitted except by special use permit; nor shall
the subdivision of land into two or more parcels, any of which is less
than 10 acres, for the purposes of sale or commercial development
including commercial residential development, whether immediate or
future, be permitted within this zone, except by special use permit.
Any land divided into two or more parcels shall not be further divided
for a period of five years without a special use permit.
(1) Permitted Uses -
a. Agricultural Use - Includes
Agricultural crops and open field growing,
Pasturage and grazing,
Dairies, livestock, poultry and small animals,
Greenhouses incidental to agricultural uses,
Stables,
On-site sales of produce grown within the zone,
This use shall not include commercial feed lots.
b. Forestry Use - Includes:
Growing and harvesting forest products,
Game and fish management,
Harvesting of wild crops,
Watersheds,
This use shall not include sawmills.
c. Single Family Rural Residential Use - Includes:
Detached single family dwellings and accessory buildings such
as garages, storage sheds, net sheds, smokehouses, boat sheds
and other related structures,
Cemetaries,
Churches,
Public Utility Structures,
Day Care Centers,
No residential structures shall be constructed within 100
feet of the right-of-way of the Enumclaw-Auburn Highway or
within 40 feet of the right-of-way of other streets. A
minimum lot width of 100 feet will be required for all
subdivision of land.
d. Home Industry Use - Includes:
An occupation, industry or profession carried on in a
dwelling or accessory building secondary and incidental to
the use of the property for dwelling purposes, providing
employment for immediate family residing in the dwelling and
up to one non-family member.
Sale of goods produced by the home industry.
Home industry must be non-disruptive to adjoining property.
It shall not produce significant increase in noise, traffic,
air or water pollution or produce an unpleasant visual impact.
A business license shall be required of all home industries.
e. Community Facilities Includes:
Any building, structure or activity which is operated
in whole or in part by the Muckleshoot Indian Tribe
for the use or benefit of the Tribe.
(b) Neighborhood Commercial Zone
(1) The purpose of this zone is to provide an area for light
neighborhood commercial uses.
(2) Permitted uses include: retail sales and services,
restaurants, auto service stations, banks, business and professional
offices, business and other schools, community and public utility
facilities, caretaker apartments and the manufacture of goods to be sold
only on the premises.
(3) The following uses are not permitted except by special
use permit: drive-in restaurants, auto sales, mobile home and trailer
sales, heavy equipment sales, parking lots not connected to a permitted
use, convalescent and rest homes, funeral homes, motels and hotels,
entertainment and recreational uses, and other use not expressly
permitted above.
(4) All buildings shall be setback a minimum of 40 feet from
any public road right of way 10 feet from adjacent property along the
building sides and 20 feet at the rear of the building. Four parking
spaces or one parking space for each 200 square feet of building (for
restaurants 1 space for each 4 seats of 1 employee) whichever is
greater shall be required. The Planning Commission may waive the
parking requirement upon a showing that less parking will be sufficient
for the use proposed.
(5) The Planning Commission shall establish site development
standards including standards for landscaping of commercial uses.
Landscaping shall be required along the sides and rear where deemed
necessary by the Planning Commission to prevent undesirable impacts on
adjoining property. Landscaping plans shall be submitted to the
Planning Commission for review.
(c) Quarry Zone
(1) The purpose of this zone is to allow the continued use
and development of existing quarries.
(2) Quarrying and primary processing of sand, gravel, rock,
clay and other minerals is permitted. Additional uses permitted are
growing and harvesting of forest products, public utility facilities,
dwellings occupied by persons employed in a permitted use, and
agricultural use. A special use permit is required for any other use.
(3) All commercial quarrying operations requiring a business
license must complete and submit an environment checklist, a site plan
showing existing and proposed topography, and will be subject to an
environmental review by the Planning Commission and Tribal Council.
Any business license granted for quarrying will contain appropriate
conditions and development standards to prevent adverse environmental
impacts.
(d) Conservancy Zone
(1) The Conservancy Zone is intended to protect areas for
wildlife habitat, maintain natural scenic areas, protect sensitive areas
of the environment and protect the health and welfare of the community
from the hazards of flood plain and steep slope development. Any uses
allowed in this zone must be non-intensive.
(2) Permitted uses shall include:
Agricultural use
Forestry Use
Fisheries management and harvesting
Public Parks and trails
Wildlife conservation and enhancement
(3) No residential development shall be permitted without a
special use permit.
(4) No subdivisions of lots smaller than 20 acres shall be
permitted.
(5) No construction of permanent structures shall be allowed
within that 100 year flood plain of the White River, on slopes exceeding
30 percent, or within 100 feet of the top of the bluff overlooking the
White River.
(6) No other uses shall be permitted without a special use
permit.
(7) Overnight camping by persons other than landowners is not
permitted.
7.01.050 Special Use Permit
(a) Purpose
The special use permit is intended to allow flexibility and
creativity in the application of the zoning ordinance by providing a
procedure for the approval of uses not otherwise permitted in a zone
where such uses are in conformity with the purpose of the zone and the
overall objective of this ordinance.
(b) Application
(1) Application for special use permits shall be submitted to
the Tribal Licensing Clerk who shall forward them to the Planning
Commission within 10 days and shall be reviewed in accordance with the
procedures set forth in subsections (d) to (g). When a business
license is also required the applications for a business license and
special use permit shall be filed and processed concurrently.
(2) In determining whether or not to issue a special use
permit, the following factors shall be considered:
a. The consistency of the use with the objectives of this
ordinance;
b. The compatibility of the use with the purpose of the
zone in (4/)which it is proposed and its impact on the integrity of the
zone;
c. The location of the proposed use and its physical
harmony with (4/)the area in which it is proposed;
d. The environmental impact of the use;
e. The extent to which the use meets the housing,
employment, and (4/)other needs of all Reservation residents, tribal
members as well (4/)as non-members.
(c) All special use permit applications requiring preliminary plat
approval shall be accompanied by an application for a preliminary plat,
as set forth in the Muckleshoot Subdivision Ordinance.
(d) The Tribal Council may impose appropriate site development
standards and conditions in addition to those otherwise required by
this and other applicable ordinances upon special use permits to ensure
the compatibility of the proposed use with the objectives of this
ordinance, and to mitigate any adverse environmental impacts.
(e) The following information must be submitted with a special use
permit application:
(1) Name and address of person submitting application
(2) Name and address of legal owner
(3) Legal description of property
(4) Type of use proposed
(5) A description and detailed plan of any anticipated
construction on said property or currently owned adjacent
property.
(6) Topographical contours and other physical features
including all water sources (5 foot contours pre and
post project)
(7) Access right-of-way
(8) Utility lines and easements
(9) Solid waste disposal methods
(10) Sewage disposal methods including soils information
where private sewage disposal systems are proposed
(11) Analysis of traffic patterns
(12) Landscape plan
(13) Phasing or timing of the project
(14) List of restrictive covenants (if any) concerning
quality of private structure and landscape to be erected
(15) Water supply provisions and requirements
(16) Fire and police protection
(17) Road standards to be used for drives and roads
(18) Storm drainage plans
(19) List of deviations from normal requirements of any state,
county, city or tribal standards for such building or
business
(20) Any other relevant data requested by the Tribal Council
or the Planning Commission
(f) Procedures Before Planning Commission/Hearing Officer
(1) Upon referral of an application for a special use
permit to the Planning Commission, the Planning Commission shall cause
notice of the pending application to be posted at locations within the
Muckleshoot Reservation. The Planning Commission may on its own
motion determine that a hearing on the application is to be held. If
the Planning Commission has determined to hold a hearing on the
application, the notice provided in this section shall state the time
and location of said hearing, and shall be published in a newspaper of
general circulation within the Muckleshoot Reservation. An applicant
or other interested person may also request a hearing. Notice of all
scheduled hearings shall be published and posted at locations within
the Muckleshoot Reservation at least five (5) days prior to any
scheduled hearing. In cases where no hearing is held, the Planning
Commission may consider the application and make recommendations
without referring the application to an hearing officer.
(2) All applications for which a hearing has been requested
shall be referred to a hearing officer(s). The Hearing Officer shall
hold the requested hearing, and may call witnesses or request the
submission of any other material considered relevant to a determination
of an application for a license. The Hearing Officer shall determine
the rules of procedure to be followed at hearing provided by this
section.
(3) The Hearing Officer and/or Planning Commission shall
prepare a report and deliver it to the Tribal Council within sixty (60)
days following the date on which the Planning Commission received the
application for a license. In cases where the hearing officer has
prepared the required report, the Planning Commission shall review it
and attach its recommendation, if any, prior to transmittal to the
Council. The Report shall detail the material considered in reviewing
the application, whether a hearing was held, and shall not the reasons
for any recommendation contained therein.
(g) Procedures Before Tribal Council
(1) The Tribal Council shall either grant or deny the
application within thirty (30) days of receipt of the report. The
Tribal Council shall consider a pending application based upon the
record and finding made before the Hearing Officer or Planning
Commission. The Tribal Council may, within its discretion, receive
additional written or oral testimony, or remand the application to the
Hearing Officer or Planning Commission, and may, but need not, call
for an additional hearing prior to making a final decision. If the
Tribal Council elects to receive additional testimony, and/or remand
the application, it may delay a final decision for an additional
thirty (30) days. The Tribal Council may extend the time periods set
by this ordinance, for good cause, including but not limited to the
need to obtain additional information concerning an application. The
Tribal Council may issue a permit subject to any limitations or
conditions found appropriate by the Tribal Council.
(2) Within ten (10) days of its decision, the Tribal Council
shall notify the applicant indicating the decision, the grounds for the
decision and the procedure for petitioning for review of an unfavorable
decision to the Muckleshoot Tribal Court.
(h) construction work on any structure or use for which a special
use permit is required shall be commenced within 1 year of permit
issuance and diligently prosecuted to completion. The permit or
special use upon which construction has not commenced within one year
or which has been abandoned for six (6) continuous months may be
withdrawn by action of the Planning Commission.
(i) A petition for review of the denial of a special use permit
shall be filed within 10 days of receipt of the decision.
7.01.060 Application of Regulations
(a) Except as hereinafter provided, no building shall be erected,
reconstructed or structurally altered except in compliance with the
regulations established by this ordinance and for the district in which
the building or land is located, and the provisions of the building,
subdivision, other applicable tribal ordinances.
(b) Where site development standards are established by this
ordinance no building permit shall be issued for new construction or
reconstruction until a site development plan has been approved by the
designated body.
(c) Where a structure or land use exists at the effective date of
adoption of this ordinance that could not be built under the terms of
this ordinance by reason of restrictions, such structure or land use
shall be deemed non-conforming and may be continued, so long as it
remains otherwise lawful. The non-conforming use of a structure
and/or land or any portion thereof shall not be improved, extended, or
enlarged after passage of this ordinance.
(d) A non-conforming use shall be deemed abandoned if it is
discontinued or abandoned for a continuous period of six months and any
subsequent future use of such land or buildings shall be in conformity
with the provisions of this ordinance.
(e) This ordinance shall apply to all property located within the
exterior boundaries of the Muckleshoot Reservation notwithstanding the
issuance of any allotment or patent and notwithstanding the trust
status of the land involved, and to all trust or restricted fee
property within Muckleshoot Indian Country. This ordinance shall
further apply to all persons who have any interest whatsoever in any
real property or any appurtenance to said real property within the
boundaries of the Muckleshoot Reservation, whether said interest is in
fee or otherwise, and to all persons within the exterior boundaries of
the Muckleshoot Reservation.
(f) Unless otherwise stated, all land use zones shown on the
official zoning map are intended to follow lot lines and road center
lines along the boundaries of the neighborhood commercial and quarry
zones. The boundary of the conservancy zone shall be construed to run
100 feet out from the bluff along the White River Valley as indicated
on the map. Where application of the rules above leaves a reasonable
doubt as to the boundaries between two land use zones the regulations
of the more restrictive zone shall govern the entire area in question.
7.01.070 Administration and Enforcement.
(a) The Muckleshoot Planning Department shall administer and
enforce this ordinance. If the Department finds that any of the
provisions of this ordinance are being violated, it shall notify the
person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it.
(b) No oversight or dereliction on the part of the Planning
Commission or any official or employee of the Muckleshoot Indian Tribe
vested with authority or duty to issue permits or licenses shall
legalize, waive, or excuse the violation of any of the provisions of
this ordinance. No permit or license for any use, building, mobile
home trailer, or other structure or use shall be issued if the same
would conflict with any provision of this ordinance or any other
regulations in effect referring to this ordinance. No permit or
license shall legalize, authorize, waive and excuse the violation of
any of the provisions of this ordinance.
7.01.080 Violations.
(a) It shall be unlawful for any person, corporation, firm, or
other entity to use, erect, construct, move, alter, or attempt to use
erect, construct, move or alter any property, building, mobile home,
trailer, or structure in violation of this ordinance, and the same are
hereby declared public nuisances.
(b) The Muckleshoot Indian Tribe, any person, corporation or
entity may bring an action in the Muckleshoot Tribal court to halt,
abate, or modify the construction of any building structure or use of
any real property which is in violation of this ordinance. Any such
action may in addition seek damages, and/or restoration of the property.
(c) In addition to all other penalties, any person, firm, or
Corporation knowingly violating this ordinance shall be subject to a
civil penalty of not more than $500.00 for each violation, and seizure
and forfeiture as contraband pursuant to the procedures of the
Muckleshoot Tribal Code Section 2.01.07 to 2.01.10 of any property used
in connection with such violation.
7.01.090 Judicial review.
(a) The Muckleshoot Tribal Court shall have exclusive jurisdiction
of all actions arising under this ordinance.
(b) A petition for review of a denial of a special use permit shall
be filed with the tribal court within 10 days of receipt of the
decision from the Tribal Council. A petition for review of any other
action taken under this ordinance shall be filed within 30 days of the
date such action becomes final. The petition shall be served within 5
days of filing.
(c) The Muckleshoot Tribal Court, when reviewing a final action of
the Tribal Council or Planning Commission, shall consider only whether
the action was clearly erroneous and wholly without factual basis such
as to be a denial of protections guaranteed by the Indian Civil Rights
Act.
7.01.100 Sovereign Immunity.
(a) Nothing in this ordinance shall be deemed as a waiver of the
sovereign immunity of the Muckleshoot Indian Tribe authorizing suit
against the Tribe in any court other than the Muckleshoot Tribal Court,
nor shall it be deemed as authorizing a suit for damages against the
Tribe in any action arising under this ordinance, unless the
Muckleshoot Tribal Council by specific, express, and unequivocal
legislation should authorize such an action for damages.
7.01.110 Severability.
(a) Should any word, section, clause, paragraph, sentence, or
provision of this ordinance be declared invalid by a court of competent
jurisdiction, such decision shall not affect the validity of any other
part of this ordinance, which can be given effect without such invalid
parts.
7.01.120 Effective Date.
(a) This ordinance is reenacted and recodified as Title 7, and is
effective as of September 17, 1981, pursuant to Resolution No.
81-57-11, and supersedes any prior inconsistent ordinances.
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