03-27-67
TRIBAL CODE
CHAPTER 62:
ZONING ORDINANCE
CONTENTS:
62.101 Purpose and Policy.
62.102 Applicability.
62.103 Zoning Districts
62.104 Designation of Zoning Districts.
62.105 Permissible Uses in Residential Districts.
62.106 Permissible Uses in Commercial Districts.
62.107 Permissible Uses in Industrial Districts.
62.108 Permissible Uses in Institutional Districts.
62.109 Permissible Uses in Recreation Districts.
62.110 Permissible Uses in Disposal Districts.
62.111 Variances.
62.112 Removal of Nonconforming Uses.
62.113 Enforcement.
HISTORY NOTE:
Current Ordinance
Adopted March 27, 1967, Resolution No. 24(67).
Other Land Use Actions
Adoption of Vilas County forestry zones, August 21, 1978,
Resolution No. 168(78).
Land Division Moratorium Ordinance adopted October 13, 1980,
Resolution No. 288(80), subject to Secretarial approval. Ordinance was
rejected by Interior Field Solicitor and was rescinded January 12,
1981, Resolution No. 6(81).
Attorney General Opinion
Op. Atty. Gen. October 19, 1982. LdF has exclusive zoning
authority over Indian land on the reservation and concurrent authority
over private land on the reservation.
TRIBAL CODE
CHAPTER 62:
ZONING ORDINANCE
62.101 Purpose and Policy.
(1) The purpose of this code is to promote the health, safety and
economic welfare of the residents of the reservation.
(2) This code shall be implemented in order to achieve purposes
which shall include, but need not be limited to the following:
(a) To protect the public health by preventing overcrowding
and by segregating unsanitary and dangerous undertakings;
(b) To establish residential areas where families may live
in privacy and in a wholesome environment;
(c) To increase public safety by reducing the possibilities
of fire, traffic accidents and other dangers;
(d) To facilitate the planning and development of public
facilities such as roads, schools and utility services;
(e) To prevent the deterioration of property values
occasioned by random location of homes, stores and factories.
62.102 Applicability.
(1) The Lac du Flambeau Tribal Council shall from time to time
designate areas within the reservation to which this code shall apply.
(2) The following areas are hereby designated pursuant to sub.
1: Tribal land within the reservation boundaries.
62.103 Zoning Districts.
(1) There shall be six categories of zoning districts: (a)
residential; (b) commercial; (c) industrial; (d) institutional; (e)
recreational and (f) disposal.
(2) There shall be three types of residential zoning districts:
(a) Class 1, containing public housing units and
single-family houses valued at over $5,000;
(b) Class 2, containing houses valued between $1,000 and
$5,000;
(c) Class 3, containing structures valued below $1,000; and
(d) Class 4, containing trailers.
(3) The Executive Committee shall establish one or more separate
geographical areas for each category of zoning districts, and for each
class of residential district.
62.104 Designation of Zoning Districts.
(1) Within six months after this code has taken effect, the Lac
du Flambeau Tribal Council shall pass a resolution designating on an
attached map the location of the various zoning districts within the
areas subject to this code. Such resolution and map shall be posted in
the Tribal Office with the notice that interested persons may appear at
the next following meeting of the Lac du Flambeau Tribal Council to
voice any objections. After such meeting, the tribal governing body
shall consider the testimony received and shall within 10 days post
notice of the changes it has made or a notice stating that no changes
have been made. If no appeal is filed under sub. (2), the resolution
shall take effect thirty days following the posting of such notices.
(2) Any person aggrieved by the resolution of the Lac du Flambeau
Tribal Council, designating the location of the zoning districts, may
appeal such resolution to the tribal council by filing a notice of
appeal with the Secretary of the Lac du Flambeau Tribal Council. The
tribal governing body shall at its next meeting consider the resolution
and make such amendments or changes, if any, as it deems proper. If
the tribal council shall approve the resolution, in original or amended
form, it shall go into effect on the date of such approval.
(3) The Lac du Flambeau Tribal Council order designating the
zoning districts may be amended by the procedures specified in this
section or upon the initiative of the Tribal Council.
62.105 Permissible Use in Residential Districts.
(1) No building or structure shall be used or erected in any
residential district of any class except for use as:
(a) A place of human habitation or use as a structure
normally accessory thereto; or
(b) A community or recreation building. No farming or
raising of livestock may be carried on in a residential district,
but this restriction shall not apply to gardening, and raising
poultry, pigeons, and rabbits.
(2) Districts.
(a) A residence of Class 1 may be built in the zoning
districts reserved for Classes 1, 2, and 3.
(b) A residence of Class 2 may be built only in the zoning
districts reserved for Classes 2 and 3.
(c) A residence of Class 3 may be built only in the zoning
districts reserved for Class 3.
(d) A trailer may be located only in the zoning district
reserved for Class 4.
(3) Any residence located in a district which is reserved for
residences of another class shall be considered a nonconforming
use.
(4) No building used as a place of human habitation shall be
erected on a lot of less than 5000 square feet or closer than 10 feet
from the boundary lines of the lot in question.
62.106 Permissible Uses in Commercial Districts.
(1) No building or structure shall be erected in a commercial
district except structures used in connection with any profession or
any retail trade.
(a) The term "profession" shall refer to persons trained as
a doctor, attorney, dentist, newspaper editor, minister, or a
similar endeavor.
(b) The term "retail trade" or business shall refer to
grocery, hardware, drug, clothing or general merchandise stores,
to hotels and motels; to gasoline service stations and automobile
repair shops; to restaurants and movie theatres; to barber shops,
cleaning establishments and similar personal service businesses;
to handicraft establishments which employ three or fewer paid
employees (other than members of the owner's facility); and to all
other trades and businesses of similar character.
(c) No farming or raising or livestock may be carried on in
a commercial district.
(2) If in the judgment of the Lac du Flambeau Tribal Council
any use which would otherwise be permitted in a commercial
district created an extraordinary hazard to health or safety, such
use shall be required to locate in an industrial district. The
order of the tribal governing body under this subsection shall be
subject to the review of the Lac du Flambeau Tribal Council.
62.107 Permissible Uses in Industrial Districts.
No building or structure shall be erected in an industrial
district except factories (other than handicraft establishments
permitted in a commercial district); storage warehouses, slaughter
houses, lumber yards; large-scale laundries and cleaning establishments
and similar businesses.
62.108 Permissible Uses in Institutional Districts.
No building or structure shall be erected in an institutional
district except:
(1) A church and related structures;
(2) A community or recreation building;
(3) A police station, jail, library, fire house or similar public
service building;
(4) All cemeteries shall be located in institutional districts.
62.109 Permissible Uses in Recreation Districts.
Land in recreation districts shall be reserved exclusively for
recreation uses including parks, playgrounds, recreation buildings and
campsites, and outdoor dance and fair grounds.
62.110 Permissible Uses in Disposal Districts.
No buildings or structures may be erected on a disposal area
except as required by the sanitary disposal of garbage, trash and other
waste products.
62.111 Variances.
(1) Any persons proposing to erect a structure not in conformity
to this zoning code or to use an existing structure for a purpose not
permitted by the code may apply to the tribal governing body in writing
for a variance by stating the nature of the proposed structure. The
application shall be posted in a public place, together with
notification of when and where interested persons may appear before the
Lac du Flambeau Tribal Council to present objections. After holding a
meeting as stated in the notice, the tribal governing body shall decide
in accordance with the standards of Section sub. (3) whether or not to
grant a variance in whole or in part, but no variance shall be
permitted unless 4 of the 5 members of the governing body shall agree.
(2) Any party aggrieved by the decision of the Lac du Flambeau
Tribal Council may appeal within 10 days by filing a notice of appeal
with the Secretary of the Tribe. He shall be afforded opportunity to
present his objections in person at the next council meeting and the
decision of the council shall be final but no variance shall be
permitted unless 3/4ths in number of the members of the council shall
agree.
(3) A variance shall be granted only if the applicant can show:
(a) That the proposed use will not materially interfere with
the object of this zoning ordinance; and
(b) That unless such variance is granted, he will sustain
severe hardship out of all proportion to the public gain achieved
by compliance with the ordinance.
62.112 Removal of Nonconforming Uses.
(1) The Zoning Code shall not be construed to require the
abandonment of existing uses or the removal of existing structures
except as herein provided.
(2) A nonconforming structure is one that is devoted to a
use which is not permitted in the category or type of District in
which it is located.
(3) All trailers shall be removed to the District reserved
for Class 4 residences as soon as water and sewage is provided at
the site selected by the Lac du Flambeau Tribal Council for a
trailer park.
(4) No person shall make any additions, improvements, or
repairs to a nonconforming structure which requires a total
investment in materials and labor (including his own) which is
equal to or greater than 50 PERCENT of the value of the premises prior
to such addition, improvement or repairs. Permission to improve
nonconforming structures which would otherwise violate this
section may be obtained in the same manner and under the
conditions as a variance. The tribal governing body or any person
adversely affected may apply to the Lac du Flambeau Tribal Council
for an order to enjoin any person acting in violation of this
subsection.
(5) If any nonconforming structure is more than 50 PERCENT
destroyed by fire, natural deterioration, or other causes, it
shall no longer be used in a nonconforming manner and shall not be
rebuilt except for use in conformity with this code. The Lac du
Flambeau Tribal Council or any person adversely affected may apply
to a court of appropriate jurisdiction for an order authorizing a
removal of any structure used in violation of the subsection. The
court may, if it finds such action fair and just, order the cost
of removal charged to the owner.
(6) Upon the application of the Lac du Flambeau Tribal
Council or any other person adversely affected, the tribal
governing body may authorize the removal of any non-conforming
structure which has been permanently abandoned, and, if it finds
such action fair and just, charge the cost of such removal to the
former owner. If the former owner is not given personal notice of
the pending action, the Tribal Council shall, before issuing an
order pursuant to this subsection, make every reasonable effort to
notify him. Such effort shall include:
(a) Mailing a notice of the pending action to the former
owner at his last known address; and
(b) Posting such notices conspicuously upon the structure
sought to be removed, each to be accomplished at least 90 days
prior to the issuance of an order under this subsection.
62.113 Enforcement.
Except as herein provided, compliance with this code shall be
governed by the Code Compliance Ordinance, Tribal Code Ch. 64.
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