None Designated
SAGINAW CHIPPEWA TRIBAL CODE
TITLE VIII REVISED MARCH 7, 1988
UNIFORM REAL PROPERTY CODE
CHAPTER 8.1
PURPOSE, AUTHORITY, APPLICATION AND SEVERABILITY
8.101 TITLE. This Title shall be known as the Uniform Real
Property Code of the Saginaw Chippewa Indian Tribe of
Michigan.
8.102 PURPOSE, The general purpose of this Title is to set forth
rules and create uniformity in the acquisition,
consolidation and appropriate use of Reservations Land, to
protect the social and economic stability of the
Reservations; to assure the orderly development of tribal
lands; to minimize or prevent the damage to lands and the
environment; and to otherwise promote the public health,
safety, moral and general welfare of the Tribe.
8.103 AUTHORITY. The authority for this Title is found in Article
VI Section 1 (c), (e), (f) and (i) of the Tribal
Constitution and By-Laws.
8.104 APPLICATION. This Title shall apply to all real estate
within the jurisdiction of the Saginaw Chippewa Indian Tribe
of Michigan.
8.105 SEVERABILITY. Should any section or provision of this Title
be declared by the Courts to be unconstitutional or
otherwise invalid, such designation shall not effect the
validity of the Title as a whole or invalid.
CHAPTER 8.2
TRIBAL LAND CONSOLIDATION PLANS
8.201 TERRITORIAL JURISDICTION OF THE SAGINAW CHIPPEWA INDIAN
TRIBE. The territorial jurisdiction of the Saginaw Chippewa
Tribe shall extend to:
A. ISABELLA RESERVATION. The territorial jurisdiction of
the Saginaw Chippewa Indian Tribe shall extend to all
trust and restricted lands within the boundaries
established by the Treaty of October 18, 1864 and
subsequent agreements and federal acts.
B. SAGANING RESERVATION. The territorial jurisdiction
shall extend to all trust and restricted lands within
the Arenac County as established in Section 5 of the
Indian Reorganization Act, for the purchase of property
for landless Indians.
C. DEPENDENT INDIAN COMMUNITIES. The territorial
jurisdiction of the Saginaw Chippewa Indian Tribe of
Michigan shall extend to all trust and restricted lands
within any area considered dependent Indian Community
of the Saginaw Chippewa Indian Tribe.
8.202 DEFINITIONS. For purposes of this chapter:
A. "Land Acquisition" means purchase of real estate at no
less than the fair market value or escheat of real
estate, pursuant to 25 USC 2304.
B. "Land Consolidation" means the elimination of individual
fractional shares of Indian Trust or restricted lands in
order to consolidate tribal landholdings.
C. "Real Property" means land and generally whatever is
erected or growing upon or affixed to land.
D. "Restricted Lands" means lands, title to which is held
by an Indian and an Indian Tribe subject to restrictions
by the United States against alienation.
E. "Trust Lands" means lands, title which is held by the
United States in trust for an Indian or an Indian Tribe,
which is subject to a restriction by the United
States against alienation.
F. "Tribe" means the Saginaw Chippewa Indian Tribe of
Michigan.
G. "Secretary" means the Secretary of Interior.
8.203 PURPOSE OF LAND CONSOLIDATION PLANS. The primary purpose of
a Tribal land consolidation plan is to facilitate
consolidation of Tribal land holdings and to reduce the
number of small individual fractionated interests in Indian
Trust or restricted fee lands by allowing for exchanges
and/or sales of such lands to the Tribe and/or individuals
in order to consolidate titles.
8.204 ADOPTION OF LAND CONSOLIDATION PLANS. Notwithstanding any
provision of law to the contrary, The Saginaw Chippewa
Tribal Council may from time to time adopt land, use plans
providing for the sale and/or exchange of any Tribal Lands
or interest in such lands for the stated purpose set out in
Section 3.203 of this Title.
8.205 PROCEDURAL REQUIREMENTS FOR THE ADOPTION AND IMPLEMENTATION
OF TRIBAL LAND CONSOLIDATION PLANS.
A. Each plan must be adopted pursuant to a resolution
approved by the Tribal Council in accordance with the
Tribal Constitution as amended November 4, 1986.
B. Upon Tribal approval and certification of a resolution
for the Land Consolidation Plan, such resolution shall
be submitted to the Secretary of Interior.
C. Such a Plan shall set out how such an exchange or sale
will be in the best interest of the Tribe and what will
be achieved thereby.
D. Such Plan shall provide:
(1) A complete legal description of the property;
(2) That the sale or exchange value received by the
Tribe for land or interests in land shall not be
less than 10% of the fair market value as may be
determined by a Bureau of Indian Affairs real
estate appraisal;
(3) That if the Tribal land involved in an exchange is
of greater or lesser value than the land for which
it is being exchanged, the Tribe may accept for
give cash in such exchange in order to equalize
the values of the property exchanged;
(4) All proceeds from the sale of land or interests or
exchange thereof, shall be used exclusively for
the purchase of other land or interests in land,
such account shall be entitled the Land
Consolidation Fund Account;
(5) The Tribe shall retain the mineral rights to such
sold or exchanged lands; and
(6) A Title Examination of the land to be consolidated.
E. All such exchanges or sales shall be executed by such
instruments of conveyance as required to effectuate such
a sale or exchange.
CHAPTER 8.3
TRIBAL LAND ACQUISITION PLANS
8.301 PURPOSE AND SCOPE. The Saginaw-Chippewa Tribal Council
shall have the authority to adopt a land acquisition plan
for the stated purpose of allowing the Tribe to purchase
interests in parcels of trust allotted or restricted lands.
8.302 POLICY AND AUTHORITY. Any land acquisition plan adopted
shall provide that the purchase price thereon shall be at no
less than the fair market value of the part of the real
estate pursuant to the authority provided under 25 USC 2204.
8.303 ADOPTION OF LAND ACQUISITION PLANS. The Saginaw Chippewa
Tribal Council may purchase at no less than the fair market
value as determined by a Bureau of Indian Affairs Real
Estate Appraisal a part of or all of the interests in any
tract of trust or restricted fee land within the Tribes
territorial jurisdiction as set out in Section 8.201 of this
Title, with the consent of at least 50% of the owners of
such interests.
8.304 PROCEDURAL REQUIREMENTS FOR THE ADOPTION AND IMPLEMENTATION
OF TRIBAL LAND ACQUISITION PLANS
A. Each plan must be adopted pursuant to a resolution
approved by the Tribal Council in accordance with the
Amended Tribal Constitution.
B. Upon Tribal approval and certification of a resolution
for a land acquisition plan, such resolution shall be
submitted to the Secretary of Interior for approval
pursuant to 25 USC 2204.
C. Such a plan shall set out how such land acquisition
shall be in the best interests of the Tribe and what
will be achieved thereby.
D. Such plan shall provide:
(1) A complete legal description of the property to be
acquired;
(2) Whether the property to be purchased is trust,
restricted fee or fee lands;
(3) A request for a Bureau of Indian Affairs appraised
to determine the fair market value of the property
to be acquired;
(4) An agreement signed by the owners of such interest
agreeing to the purchase;
(5) If an agreement cannot be obtained for purchase at
the fair market value from all of the owners, then
an agreement may be drafted to purchase all the
interest in such tract with the consent of the
owners of over 50% of the individual interests in
such tract, such an agreement shall include among
it clauses:
(a) That any Indian owning an individual
interest, and in actual use and possession of
such tract for at least three years
immediately proceeding Tribal initiatives,
shall have the right to purchase such tract
by matching the Tribe's offer; and
(b) If, at any time within five years following
the date of the acquisition of such land by
an individual pursuant to Section 8.302 D
(5)(a), such property if offered for sale or
a petition is filed with the Secretary of
Interior for removal of the property for its
Trust or restricted fee status, the Tribe
shall have 180 days from the date it is
notified of such offer or petition to acquire
such property by paying to the owner the fair
market value as determined by the Secretary
of Interior.
(6) A title examination of the land to be acquired.
E. All acquisition purchases shall be executed by such
instruments of conveyance as required to effectuate such
a sale.
CHAPTER 8.4
LAND USE ZONING
8.401 PURPOSE. The controls as set forth in this chapter are
deemed necessary in order to encourage the most appropriate
use of the land, to protect the social and economic stability
of residential, agricultural, commercial, industrial,
reserved and other area within the reservation; and to
assure the orderly development of such areas; and to minimize
or prevent damage to land and the environment; and to
otherwise promote the public health, safety, morals and
general welfare.
8.402 DEFINITIONS.
A. ACCESSORY USE OF BUILDING. A building, part of a
building or structure of use which is subordinate to,
and the use of which is incidental to that of the main
building, structure or use on the same lot.
B. ADMINISTRATIVE OFFICIAL. (Planning Director) Chairman
of the Land Use Planning Board or a duly authorized
agent.
C. AGRICULTURE. The tilling of the soil, the raising of
crops, horiculture, livestock farming, dairying and/ or
animal husbandry.
D. APARTMENT HOUSE. A building or portion of a building,
designed for occupancy by two (2) or more families
living independently of each other and containing two
(2) or more dwelling units.
E. AUTO COURT. A group of attached or detached buildings
containing individual sleeping or living units where a
majority of such units open individually and directly to
the outside and where a garage is attached or a parking
space is conveniently located to each unit, all for the
temporary use by automobile tourist or transients. Such
definition shall also include "Motels", "Tourist Court",
and "Motor Lodges".
F. AUTOMOBILE, TRUCK AND/OR TRAILER SALES AREA. Uncovered
premises used for display, sales, rental of new or used
automobiles, trucks and trailers.
G. AUTOMOBILE WRECKING, DISMANTLING OR JUNK YARDS. A place
used for the storage and/or sale of used automobile
parts or other salvaged materials and for the storage,
dismantling, sorting, cleaning or baling of wrecked
automobile, trucks, trailers, machinery, and other
discarded or salvaged materials.
H. BUILDING. Any structure built for the support, shelter
or enclosure of persons, animals or chattels, and when
separated by division walls without openings from the
ground up, each portion of such structure shall be
deemed a separate building.
I. CONDITIONAL USE. A use listed among these classified in
the industrial district but permitted to locate only
after review by the Tribal Council Planning Board, and
the granting of a conditional use permit imposing such
performance standard as will make the use compatible
with other permitted uses in the same vicinity and use
district and assure against imposing excessive demands
upon public utilities.
J. DWELLING. A building or portion thereof designed
exclusively for residential purposes, including one
family, two family, and multiple family dwelling, but
shall not include hotels, auto courts, boarding houses
and lodging houses.
K. DWELLING UNIT. One or more rooms in a dwelling or
apartment hotel designed for occupancy by one family for
living or sleeping purposes, and having only one kitchen.
L. DWELLING, SINGLE FAMILY. A detached building designed
exclusively for occupancy by one family and containing
one dwelling unit.
M. DWELLING, TWO FAMILY. A building designed exclusively
for occupancy by two families living independently of
each other, and containing two dwelling units. Such
definition shall also include the term "Duplex".
N. DWELLING, MULTIPLE FAMILY. A building, or portion
thereof, designed for occupancy by three or more
families living independently of each other, and
containing three or more dwelling units.
O. FAMILY. An individual or all persons living in the same
house who are related by Tribal custom, blood or
marriage.
P. FEED YARD. The concentrated confined feeding, or
holding of animals or poultry, including but not limited
to horses, cattle, sheep, or swine, dairy confinement
areas, slaughter houses, or shipping terminal holding
pens, poultry and/or egg production facilities, and fur
farms. Any of which may be housed in building or pens
or lots.
Q. GARAGE, PRIVATE. A building other than private garage
used for the care, repair or equipping of automobiles,
or where such vehicles are kept for enumerating, hire or
sale.
R. GARAGE, PUBLIC. A building other than private garage
used for the care, repair or equipping of automobiles,
or where such vehicles are kept for enumerating, hire or
sale.
S. GRADE. The average of the finished ground level at the
center of all walls of a building. In case walls are
parallel to and within five (5) feet of the street side
of a sidewalk, the above-ground level shall be measured
at the sidewalks.
T. GROUP HOUSES. Two or more separate buildings each
containing one or more dwelling units, including row
houses.
U. HOME OCCUPATIONS. Any occupation of a service character
which is clearly secondary to the main use of the
premises as a dwelling place, and does not change the
character thereof or have any exterior evidence of such
secondary use. This occupation shall be carried on or
conducted only by members of a family residing in the
dwelling and in connection with which there is kept no
stock in trade or commodity for sale upon the premise.
V. HOSPITAL. An Institution specializing in giving
clinical, temporary, and emergency services of a medical
or surgical nature to human patients and injured
persons, licensed or approved by proper authority of
law, approved by the Area Director of Indian Health
Service, and a member of American Hospital Association
to provide facilities and services in surgery and
obstetrics and general medical practice as distinguished
from treatment of mental and nervous disorder, but not
excluding surgical or post-surgical treatment of mental
cases.
W. HOTEL. A building in which there are seven or more
guest rooms where lodging with or without meals is
provided for compensation, and where no provision is
made for cooking in any individual room or suite, but
shall not include jails, hospitals, asylums,
sanitariums, or prisons, detention homes and similar
buildings where human beings are housed and detained
under legal restraint.
X. INDIAN HEALTH SERVICE. That division of the United
States Public Health Service charged with providing
health and medical services to Indian Tribes.
Y. INSTITUTION. An establishment maintained and operated
by a society, corporation, individual, foundation or
public agency for the purpose of providing charitable,
social, education, or similar services to the public,
groups or individuals.
Z. LOT. A fractional part of subdivided land having fixed
boundaries, being of sufficient area and dimension to
meet minimum zoning requirements for width and area. The
terms shall include "Tracts" or "Parcels".
AA. LOT AREA OR PARCEL AREA. The total horizontal area
within the boundary lines of a lot or parcel. For the
purposes of determining area in the case of an irregular
triangular or cone-shaped lot or parcel, a line ten (10)
feet in length within the lot or parcel and farthest
removed from the front lot line and at right angels to
the line and at right angles to the line comprising the
depth of such lot or parcel shall be used at the rear
lot line.
AB. LOT CORNER. A lot situated at the intersection of two
or more streets, provided the angle of the intersection
of the street margins does not exceed one hundred
thirty-five degrees (135).
AC. LOT, INSIDE OR INTERIOR. A lot other than a corner lot
or reversed corner lot.
AD. LOT, KEY. The first lot to the rear of a reversed
corner lot and whether or not separated by an alley.
AE. LOT, LINE, FRONT. In the case of an interior lot, the
property line separating the lot from the street. In
the case of a corner lot, the front line shall be the
property line separating the narrowest street frontage
of the lot from the street.
AF. LOT, LINE REAR. The property line which is opposite and
most distant from the front lot line. For the purpose
of establishing the rear lot line of a triangular or
trapezoidal lot, or of a lot the rear line of which is
formed by two or more lines; the following shall apply:
(1) For a triangular or cone-shaped lot a line ten (10)
feet in length within the lot and farthest removed
from the front line and at right angles to the line
comprising the depth of such lot shall be used as
the rear lot line.
(2) In the case of a trapezoidal lot, the rear line of
which is not parallel to the front lot line, the
rear lot line shall be deemed to be a line at right
angles to the line comprising the the depth of such
lot and drawn through a point bisecting the
recorded rear lot line.
(3) In the case of a pentagonal lot, the rear boundary
of which includes an angle shall be employed for
determining the rear lot line in the same manner as
prescribed for a triangular lot.
AG. LOT LINE, SIDE. Any lot boundary line not a front lot
line on a rear lot line.
AH. LOT OF RECORD. A lot shown on an officially recorded
plot or subdivision, or a parcel of land the deed of
which is officially recorded, considered as a unit of
property, and described by metes and bounds.
AI. LOT, REVERSED CORNER. A corner lot, the side street
line of which is substantially a continuation of the
front lot abuts.
AJ. LOT THROUGH. An interior lot having frontage or two
streets.
AK. LOT WIDTH. The horizontal distance between the side lot
line measured at right angles to the line comprising the
depth of the lot at a point midway between the front and
rear lot line, provided that the length of the line
constituting the rear line of the required front yard
shall never be less than fifty (50) feet.
AL. MOBILE HOME. A single family dwelling more than
thirty-two (32) feet in length, designed for
transportation after fabrication on streets and highways
on its own wheels or on flatbed or other trailers, and
arriving at the site where it is to be occupied as a
dwelling complete and ready for occupancy, except for
minor and incidental unpacking and assembly operations,
location on jacks or permanent foundations, connection
to utilities and the like.
AM. MOBILE HOME PARK. A park of land under single ownership
which has been planned and improved for the placement of
nontransit mobile homes for dwelling or sleeping
purposes.
AN. MOTEL. See "Auto Court".
AO. NON-CONFORMING BUILDING. A building, or portion
thereof, which was lawfully erected or altered and
maintained, but which, because of the application of
this ordinance to it, no longer conforms to the use,
height, or area regulations of the zone in which it is
located.
AP. NORMAL FLOW. The normal natural flow of the waterway.
AQ. OCCUPIED. Includes the term designated or intended to
be occupied.
AR. OUTDOOR ADVERTISING. Any card, papers, cloth, metal,
glass, wooden or other display or devise of any kind
whatsoever placed for outdoor advertising purposes on
the ground or on any tree, wall rock structure or thing
whatsoever.
AS. PERCENTAGE OF LOT OCCUPANCY. The percentage of a lot or
parcel as herein defined, which is occupied as building
area.
AT. PLANNING BOARD. The Land Use Planning Board of the
Tribal Council, which consists of those six (6) members
who are appointed by the Tribal Council.
AU. REFUSE DUMP. An area devoted to the dumping of
refuse, including incineration, reduction, or dumping of
ashes, garbage, combustible or non-combustible refuse,
offal or dead animals. This definition includes
"Sanitary Land Fill".
AV. RIGHT OF WAY, PRIVATE. Every way, lane, road, street,
and every way or place within the Isabella & Saganing
Reservations in private ownership and used for travel by
the owner or owners or those persons having express or
implied permission from the owner or owners, but not by
other person.
AW. RIGHTS OF WAY, PUBLIC. Every way, lane, road, street,
boulevard, and every way or place within the Isabella
and Saganing Reservations open a matter of right to
public vehicular travel.
AX. SALVAGE YARD. A place where used parts of automobile or
other equipment are collected and processed for salvage
and resale.
AY. SERVICE STATION. A building to supply motor fuel and
other petroleum products to motor vehicles, including
lubrication facilities and providing minor repair
service and sales of motor vehicle accessories.
AZ. SIGN. Any outdoor advertising display or outdoor
advertising structure designed and placed so as to be
readable principally from the outside.
BA. SPECIAL EXCEPTIONS. A special use that would not be
appropriate generally or without restriction throughout
the use district, but which, if controlled as to numbers
area, location, or relation to the neighborhood, would
promote the public heath, safety, welfare, morals,
order, comfort, convenience, appearance, prosperity, or
general welfare. Such uses, if specific provisions for
such special property uses are made in this Title, may
be granted by the Tribal Council.
BB. STAND. An open structure for the display and sale of
products.
BC. STORY. That portion of a building included between the
surface of any floor and the surface of the floor next
above it, then the space between such floor and the
ceiling next above it shall be considered a story.
BD. STREET. See "right of way".
BE. STRUCTURAL ALTERATIONS. Any change in the supporting
members of a building such as foundations, bearing
walls, columns, beams floor or roof joists, girders, or
rafters, or changes in the roof or exterior lines if
such changes result in any enlargement of the building.
BF. STRUCTURE. Anything constructed or erected which
requires location on the ground or attached to something
having a location on the ground, but not including
fences or walls used as fences less than six (6) feet in
height.
BG. SUPERINTENDENT. Shall mean Superintendent Michigan
Agency.
BH. TRAILER PARK, COURT, CAMP. An area or tract of land
used or designed to accommodate two (2) or more travel
trailers or short term period of occupancy.
BI. TRAVEL TRAILER. A trailer or other vehicle portable
structure designed as a temporary dwelling for travel
recreational or vacation used to be used upon the public
streets and highways and which is thirty-two (32) feet
or less in length and eight (8) feet or less is width.
BJ. TRIBAL COUNCIL. The governing body of the Saginaw
Chippewa Indian Tribe elected by duly enrolled voting
members of the Tribe.
BK. TRIBAL MEMBER. An enrolled member of Saginaw Chippewa
Indian Tribe of Michigan.
BL. USE DISTRICT. A portion of the unincorporated territory
of the reservation within which certain uses of land and
buildings are permitted and certain yards and other open
spaces are required or within which certain lot areas
are established, or within which a combination of such
aforesaid regulations are applied; all as set forth and
specified in this Title.
BM. SE. The purposes for which land or buildings is
arranged, designed or intended, or for which either land
or building is or may be occupied or maintained.
BN. VARIANCE. A modification of the specified regulations
of this Title in accordance with the terms of this Title
for the purpose of assuring that no property, because of
special circumstances applicable to it, shall be
deprived of privilege commonly enjoyed by other
properties in the same vicinity and zone.
BO. WATERWAY. Any creek, stream, river or lake within the
reservation boundaries, including man-made canals,
ditches or lakes.
BP. YARDS. An open space other than a court, on the same
lot with the building, unoccupied from the ground upward.
BQ. YARD, FRONT. The required yard extending along, and
parallel to the entire length of the front line of the
lot which in the street line, measured from the street
to the building.
BR. YARD, REAR. The required yard at the rear of the
building, extending the entire width of the lot and
measured from the building in the direction opposite
from the front yard.
BS. YARD, SIZE. An open unoccupied space on the same lot
with a building between the side wall line of the
building and the side line of the lot.
8.403 ZONING AREAS.
A. Designation of Zoning Areas.
Pursuant to this Title, the Tribal Council by written
order, shall designate the area or areas proposed to be
subject to the ordinance and shall designate proposed
zoning areas. The order shall be posted in a
conspicuous place in the Tribal Office with at least 20
days notice that all interested persons may state views
and objections at a specified meeting of the Tribal
Council. Following such meeting or meetings, the
Council shall post the final order in a conspicuous
place in the Tribal Office. The final order shall take
effect thirty days following the posting unless an
emergency requires an earlier effective date.
B. Establishment of Areas.
(1) Residential;
(2) Commercial;
(3) Industrial;
(4) Agricultural;
(5) Recreational; and
(6) Reservation restricted areas.
C. Interpretation of Boundaries.
Where uncertainty exists as to the boundaries of
districts the following rules shall apply:
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