CHAPTER 19-1

These regulations, including the zoning district maps incorporated by reference, shall be known, and may be cited and referenced to as the “Zoning Regulations of the Prairie Band of Potawatomi Nation”, and shall be hereinafter referred to as “these regulations”.

19-1-1 Purpose and Intent.

These regulations, adopted pursuant to the sovereign powers of the Prairie Band of Potawatomi Nation, are intended to serve the following purposes:

(A)    To promote the health, safety, comfort, welfare, and economic development of the residents of the Nation’s reservation;

(B)    To provide for adequate light, air, and acceptable noise levels;

(C)    To conserve prime agricultural lands by protecting them from the intrusion of incompatible uses;

(D)    To prevent the overcrowding of land and undue concentration of population;

(E)    To facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public facilities;

(F)    To protect property values and conserve energy resources;

(G)    To divide the jurisdictional area into zones and districts;

(H)    To regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes;

(I)    To regulate and restrict the height, number of stories, and size of buildings; the percentage of the lot that may be occupied by buildings and other structures; and the size of yards and other open spaces;

(J)    To prevent loss of life and destruction of property due to periodic flooding;

(K)    To preserve features of historical and cultural significance to the Nation, the conservation of natural resources, and wildlife habitat protection; and

(L)    To implement the goals, objectives, and strategies of the General Plan for the Prairie Band Potawatomi Nation.

19-1-2 Authority.

The Tribal Council (Governing Body) is authorized to develop and adopt a Plan for land use control and Tribal program development under its inherent power as a sovereign body. This power emanates from the Tribe’s Constitution and Bylaws. The constitution details the Tribe’s right of self-government, as affirmed by the Indian Reorganization Act of 1934. Article V of the Tribe’s Constitution and Bylaws enumerates the powers of the Tribal Council.

19-1-3 Jurisdiction.

These regulations shall apply to all reservation land of the Nation and structures within its boundaries. The term “Reservation” shall be as defined in this Code in Section 1-1-4(N).

19-1-4 Notice to Other Governments.

Written notice of any amendments to the text of these regulations or to the Zoning District Map may be given to the Governing Body of any county and of any incorporated city within three (3) miles of the reservation and may be given to others as may be appropriate.

19-1-5 Rules of Interpretation.

In interpreting the provisions of these Regulations, the following shall govern:

(A)    Minimum Requirements. In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare of the citizens of the reservation.

(B)    Overlapping or Contradictory Regulations. Where the conditions imposed by the provisions of these Regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule, or regulation of any kind, these regulations which are more restrictive and impose higher standards or requirements shall govern.

(C)    Private Agreements. The provision of these Regulations are not intended to abrogate any easement, covenant, or other private agreement provided that where the requirements of these Regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement, the requirements of these Regulations shall govern.

(D)    Unlawful Uses. No structure or use which was not lawfully existing at the time of the adoption of these Regulations shall become or be made lawful solely by reason of the adoption of these Regulations; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these Regulations, said structure or use remains unlawful.

(E)    District Boundary Lines. Interpretation of zoning district boundary line locations shall be governed by the following:

(1)    Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall construed as the said boundaries.

(2)    Where district boundary lines are indicated as approximately following streets and alleys, highways, or railroads, such boundaries shall be construed as following the centerlines thereof.

(3)    Where a boundary of a district appears to follow a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Governing Body, unless otherwise indicated.

(4)    Where a district boundary line divides a lot or unsubdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the Zoning Map.

19-1-6 Rules of Construction.

In the construction of these Regulations, the provisions of this Section shall apply:

(A)    Words or numbers used singularly or plurally shall include both singular and plural interpretation.

(B)    The word “may” is permissive; the word “shall” is mandatory.

(C)    The present tense includes the past and future tenses and the future the present.

(D)    The phrase “used for” shall include the phrases “arranged for”, “designed for” “intended for”, “maintained for” and “occupied for”.

(E)    The word “person” includes individuals, firms, corporations, associations, governmental bodies, and other legal entities.

(F)    The words “use”, “used”, “occupy” or “occupied” as applied to any land or building shall be construed to include the words “intended”, “arranged”, or “designed” to be used or occupied.

(G)    Unless otherwise specified, all distances shall be measured horizontally.

19-1-7 Existing Uses.

Any existing structure, use or occupation of land previously approved as of the effective date of this ordinance shall be permitted to continue as a lawful use or occupation. The approved site plan and all terms, covenants and conditions applicable as of the effective date of this ordinance shall continue to apply and control the use and occupation of land. However, any proposed change or modification in the use or occupation of such land, or in the approved site development plan for such land, shall be made in accordance with the standards and procedures of this ordinance.