CHAPTER 19-11
DEFINITIONS

19-11-1 Definitions.

For the purpose of interpreting the provisions of this Title the Potawatomi Law and Order Codes, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

(1)    Accessory Building. A subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises. For the purposes of these Regulations, the term accessory building shall include dish antennas and similar structures.

(2)    Accessory Use. A use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.

(3)    Administrator. A person designated by the Governing Body as the administrator of these regulations.

(4)    Agriculture. The use of a tract of land, where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feed lots. Such definition includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling(s) of those owning and/or operating the premises, including single-wide manufactured homes. The retail sale of items produced as a part of the farming operation is permitted including the operation of commercial greenhouses and hydroponic farming. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use.

(5)    Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

(6)    Alley Line. The line of division between the public or private right-of-way comprising the alley and the private lot.

(7)    Alteration. As applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or moving from one location or position to another, shall be considered an alteration.

(8)    Animal Hospital or Clinic. An establishment where animals are admitted principally for examination and treatment by a Doctor of Veterinary Medicine. Boarding of animals shall be limited to that necessary for the treatment of the sick animal. This does not include open kennels or runs.

(9)    Apartment. A room or suite of rooms in an apartment house or other building intended, designed, used, or suitable for use by one or more persons as a place of residence with culinary accommodations.

(10)    Apartment House. A building or portion thereof intended, designed, used, or suitable for use as a residence for three (3) or more families living in separate apartments.

(11)    Applicant. The owner or duly designated representative of land proposed to be subdivide, rezoned, or for which other action has been requested. Consent shall be required from the legal owner of the premises.

(12)    Area. The size of a piece of land, usually described in terms of square feet or acres.

(13)    Arterial Street. Any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of the city or county, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function.

(14)    Automobile Service Station. A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, major overhaul, provision of rental equipment, or open sales lots.

(15)    Basement. A story of a building having more than one-half (1/2) of its height below grade and which serves as the substructure or foundation for the remainder of the building.

(16)    Block. A tract of land bounded by streets, or by a combinations of streets and public parks, cemeteries, railroads, rights-of-way, shorelines, or boundary lines of municipalities.

(17)    Board of Zoning Appeals. Referred to herein as the “Board” which has been created by the Governing Body and which has the statutory authority to hear and determine appeals, special uses, exceptions, and variances to these zoning regulations.

(18)    Boarding Home for Children. A residential facility where children not related to the family by blood, marriage, or adoption are cared for twenty-four (24) hours a day by adult supervision.

(19)    Boarding House. A building or place, other than a hotel, where by prearrangement and for compensation, lodging and meals for a definite period are provided for three (3) or more persons, and such accommodations are not furnished to transient or overnight customers.

(20)    Bond. A form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Governing Body.

(21)    Buildable Area. That area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these Regulations.

(22)    Building. A structure having a roof supported by columns or walls intended, designed, used, or suitable for use for the support, enclosure, shelter, or protection of persons, animals, or movable property of any kind which is permanently affixed to the land; and when separated by fire walls each portion of such structure so separated shall be deemed a separate building.

(23)    Building Height. The vertical distance measured from the average elevation of the finished lot grade to the highest point of a coping or a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge of gable, hip, curved, or gambrel roof.

(24)    Building – Main. A building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in a residential district is a main building.

(25)    Building Setback Line. A line on a lot indicating the limit beyond which buildings or structures may not be erected or altered and establishing the minimum open space to be provided. Such line may be more, but not less restrictive than applicable zoning or other regulations.

(26)    Building Site. The land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards, and open spaces as are required by these Regulations.

(27)    Bulk Regulations. Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. These include regulations controlling: (1) maximum height, (2) maximum lot coverage, and (3) minimum size of yards and setbacks.

(28)    Business and Professional Office. The office of an engineer, dentist, doctor, attorney, real estate or insurance agent, architect, planner, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing, or administration.

(29)    Campgrounds. Any parcel of ground which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles. No camper shall occupy a campground for a period exceeding thirty (30) days on a temporary basis. The term campground does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.

(30)    Canopy. Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

(31)    Car Wash. An establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

(32)    Child Care. The process for caring for unrelated minor children as a service with or without financial arrangements. Child care shall include the term “baby-sitting” but shall not include day schools.

(33)    Child Care Center. A day nursery providing care for seven (7) or more children for part or all of a day or night away from the home of the parent or legal guardian; and including full day group care, nursery schools, play groups, head start centers giving emphasis to special programming for children, kindergartens not operated by the public schools, and other establishments offering care to groups of children. Such centers shall meet all applicable requirements for licensing.

(34)    Clinics. An establishment where patients who are normally not lodged overnight are admitted for examination for treatment. This does not include animal hospitals or animal clinics.

(35)    Club or Lodge – Private A nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purpose, including professional organizations, unions, and other similar organizations.

(36)    Collector Street. Any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.

(37)    Comprehensive Plan. The adopted Land Use Plan for the Prairie Band of Potawatomi Nation including modifications or refinements which may be made by amendments from time-to-time.

(38)    Confined Animal Feeding Operation (CAFO). A lot or facility, other than an aquatic animal production facility, where animals have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12) month period; and where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(a)    Large CAFO. A large CAFO confines at least the following number of animals:

(i)    One thousand (1,000) or more cattle or cow/calf pairs.

(ii)    Seven hundred (700) or more mature dairy cattle.

(iii)    One thousand (1,000) or more veal calves.

(iv)    Two thousand five hundred (2,500) or more swine (weighing over fifty-five (55) pounds).

(v)    Ten thousand (10,000) or more swine (weighing less than fifty-five (55) pounds).

(vi)    Five hundred (500) or more horses.

(vii)    Ten thousand (10,000) or more sheep or lambs.

(viii)    Fifty-five thousand (55,000) or more turkeys.

(ix)    Thirty thousand (30,000) or more laying hens or broilers (liquid manure handling systems).

(x)    One hundred twenty-five thousand (125,000) or more chickens other than laying hens (other than liquid manure handling systems).

(xi)    Eighty-two thousand (82,000) or more laying hens (other than liquid manure handling systems).

(xii)    Thirty thousand (30,000) or more ducks (other than liquid manure handling systems).

(xiii)    Five thousand (5,000) or more ducks (liquid manure handling systems).

(b)    Medium CAFO. A medium CAFO includes a manmade ditch or pipe that carries manure or wastewater to surface water; or the animals come into contact with surface water that passes through the area where they are confined. A medium CAFO confines at least the following number of animals:

(i)    Three hundred (300) to nine hundred ninety-nine (999) cattle or cow/calf pairs.

(ii)    Two hundred (200) to six hundred ninety-nine (699) mature dairy cattle.

(iii)    Three hundred (300) to nine hundred ninety-nine (999) veal calves.

(iv)    Seven hundred fifty (750) to two thousand four hundred ninety-nine (2,499) swine (weighing over fifty-five (55) pounds).

(v)    Three thousand (3,000) to nine thousand nine hundred ninety-nine (9,999) swine (weighing less than fifty-five (55) pounds).

(vi)    One hundred fifty (150) to four hundred ninety-nine (499) horses.

(vii)    Three thousand (3,000) to nine thousand nine hundred ninety-nine (9,999) sheep or lambs.

(viii)    Sixteen thousand five hundred (16,500) to fifty-four thousand nine hundred ninety-nine (54,999) turkeys.

(ix)    Nine thousand (9,000) to twenty-nine thousand nine hundred ninety-nine (29,999) laying hens or broilers (liquid manure handling systems).

(x)    Thirty-seven thousand five hundred (37,500) to one hundred twenty-four thousand nine hundred ninety-nine (124,999) chickens other than laying hens (other than liquid manure handling systems).

(xi)    Twenty-five thousand (25,000) to eighty-one thousand nine hundred ninety-nine (81,999) laying hens (other than liquid manure handling systems).

(xii)    Ten thousand (10,000) to twenty-nine thousand nine hundred ninety-nine (29,999) ducks (other than liquid manure handling systems).

(xiii)    One thousand five hundred (1,500) to four thousand nine hundred ninety-nine (4,999) ducks (liquid manure handling systems).

(c)    Small CAFO. A small CAFO has a designation as a CAFO by the appropriate National Pollution Discharge Elimination System (NPDES) permitting authority as a significant contributor of pollutants and confines at least the following number of animals:

(i)    Less than three hundred (300) cattle or cow/calf pairs.

(ii)    Less than two hundred (200) mature dairy cattle.

(iii)    Less than three hundred (300) veal calves.

(iv)    Less than seven hundred fifty (750) swine (weighing over fifty-five (55) pounds).

(v)    Less than three thousand (3,000) swine (weighing less than fifty-five (55) pounds).

(vi)    Less than one hundred fifty (150) horses.

(vii)    Less than three thousand (3,000) sheep or lambs.

(viii)    Less than sixteen thousand five hundred (16,500) turkeys.

(ix)    Less than nine thousand (9,000) laying hens or broilers (liquid manure handling systems).

(x)    Less than thirty-seven thousand five hundred (37,500) chickens other than laying hens (other than liquid manure handling systems).

(xi)    Less than twenty-five thousand (25,000) laying hens (other than liquid manure handling systems).

(xii)    Less than ten thousand (10,000) ducks (other than liquid manure handling systems).

(xiii)    Less than one thousand five hundred (1,500) ducks (liquid manure handling systems).

(39)    County. The County in which the reservation land is located.

(40)    Cul-de-sac. A street having only one outlet and being permanently terminated by a vehicle turnaround at the other end.

(41)    Dead-end Street. A street having only one outlet.

(42)    Density. Restrictions on the number of dwelling units that may be constructed per acre or per square foot of a zoning lot area.

(43)    Design. The location of streets, alignment of streets, grades, and widths of streets, alignment of easements, grades and widths of easements, alignment and right-of-way for drainage and sanitary sewers, and the designation of minimum lot area, width and length.

(44)    Design Standards. All requirements and regulations relating to design and layout of subdivisions contained in these regulations.

(45)    Developer. The legal or beneficial owner of all of the land proposed to be included in a subdivision or planned development or duly authorized agent thereof, the holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations.

(46)    District. A section or sections of the reservation specifically declared within which the regulations governing the use of buildings and premises are uniform.

(47)    Drive-in Service. A type of retail sales establishment which encourages, recognizes, or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverages ready and intended for immediate human consumption without cooking or further preparation.

(48)    Dwelling, Single-Family. A detached building or portion thereof designed for or occupied exclusively by one (1) family.

(49)    Dwelling, Two-Family. A building or semi-detached building or portion thereof designed for or occupied exclusively by two (2) families living independently of each other.

(50)    Dwelling Unit. One or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one (1) family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

(51)    Exception. An exception shall mean the allowance of a use within a given district by the Board of Zoning Appeals. Exceptions shall be limited to only those specifically authorized and listed in these regulations.

(52)    Easement. A grant by a property owner of the specific use of a strip of land by others.

(53)    Engineer. When used in the sense as designing or surveying the plat or subdivision, he or she shall be a professional engineer or surveyor licensed by the State or licensed to practice in the State. When used in connection with designing or engineering any improvements either on-site or off-site, he or she shall be a professional engineer licensed by the State or licensed to practice in the State.

(54)    Expressway. Any divided street or highway with no access from abutting property and which has either separated or at-grade access from other public streets and highways.

(55)    Family. Either (a) an individual or two (2) or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or (b) a group of not more than four (4) persons who need not be related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; plus in either case, domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage, or adoption.

(56)    Family Homestead. The use of a parcel or property solely as a homestead by an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person who conveyed the parcel to said individual, subject to the provisions of Section 19-5-2. Such a provision shall apply only once to any individual.

(57)    Fence. A free-standing structure of metal, masonry, glass, or wood or any combination thereof resting on or partially buried in the ground and rising above ground level and used for confinement, screening, or partition purposes.

(58)    Final Plat. A subdivision as it is represented as a formal document by drawing and writing which is prepared in accordance with these regulations to be placed on record with the County Register of Deeds.

(59)    Floodplain. Land area subject to inundation from a flood as defined by the Federal Emergency Management Agency (FEMA) flood insurance rate map and has a chance occurrence in any one year of one percent.

(60)    Floor Area. The sum of the gross floor area of the several floors in a building.

(61)    Fraternal and/or Service Clubs. An association formally organized for either fraternal, social, educational, philanthropic, or other similar purposes, including union and professional organizations, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such organization are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises provided adequate dining space and kitchen facilities are available. Alcoholic beverages may not be sold without the expressed permission of the Governing Body.

(62)    Frontage. The property on one side of a street, between two intersecting streets, (crossing or terminating) measured along the line of the street; or with a dead-end street, all property abutting one side of such street measured from the nearest intersecting street and the end of the dead-end street.

(63)    Garage, Private. Any accessory building designed or used only for the housing and storage of automobiles which are the property of, or provided for the exclusive use of, the occupants of the lot or premises upon which such building is located and having no provisions for the commercial repair or equipping of such vehicles.

(64)    Garage, Public. Any building, portion of a building, or premises designed, operated, or used for commercial purposes in the storage, sale, hiring, care, or repair of motor vehicles.

(65)    Garage, Storage. A building, or portion thereof, designed or used exclusively for housing four (4) or more motor-driven vehicles.

(66)    Governing Body. The Prairie Band of Potawatomi Tribal Council, unless otherwise identified as a city, county or township Governing Body cooperating in the installation of improvements.

(67)    Group Homes. Any dwelling occupied by not more than ten (10) persons, including eight or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of the Tribe or state.

(68)    Half-Street. A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.

(69)    Home Occupation. Any use customarily conducted entirely upon the premises and carried on by a member of a family, related by blood or marriage, residing in the dwelling, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and which use neither changes the character thereof nor adversely affects the uses permitted in the district of which it is a part. No signs are displayed, except as permitted by these regulations, no commodity is sold upon the premises, except that which is prepared upon the premises, no outdoor display or storage of materials or supplies, no more than one (1) person is employed, and no mechanical equipment is used that makes loud, unnecessary, or unusual noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. (See also provisions of Section 19-5-1 subpart (I).

(70)    Hospital. An establishment used primarily for inpatient care and to provide health, medical, mental, and surgical care of the sick or injured, excluding animal hospitals.

(71)    Hotel or Motel. A commercial building used as a temporary abiding place for persons who are being lodged for compensation with or without meals.

(72)    Improvements. All facilities constructed or erected by a subdivider or the general public within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, commercial, or industrial use.

(73)    Institution of Higher Learning. A college, university, or incorporated academy providing general academic instruction equivalent to the standards prescribed by the State Board of Education. Dormitories, fraternity houses, sorority houses, and other student housing, which are constructed on campus, shall be considered accessory buildings.

(74)    Institution (Nonprofit). A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

(75)    Kennel. Any place where four (4) or more dogs over six (6) months of are boarded, bred, and offered for sale.

(76)    Landscaping. The improvement of a lot, parcel, or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

(77)    Land Use Plan. The plan indicating the general anticipated use of the land within the reservation.

(78)    Laundry. An establishment where commercial laundry and dry cleaning work is undertaken.

(79)    Laundry (Self-Service). An establishment equipped with individual coin-operated washing, drying, or dry cleaning machines.

(80)    Local Street. Any street designed primarily to provide access to abutting property and of limited continuity within a neighborhood.

(81)    Lodging House. A residential building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, or for three (3) or more persons in contra-distinction to hotels open to transients.

(82)    Lot. A portion of land in a subdivision, or other parcel of land, intended to be the unit by which such land would be individually transferred and/or developed, whether immediate or future.

(83)    Lot Area. The total horizontal area within the lot lines of a lot.

(84)    Lot, Corner or External. A lot abutting upon two (2) or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension.

(85)    Lot, Depth. A mean horizontal distance between the front and rear lot lines, measured at the midpoints of each, in the general direction of the side lines of the lot.

(86)    Lot, Double Frontage. An internal lot having a frontage on two (2) streets.

(87)    Lot, Internal. Any lot which does not constitute a corner lot.

(88)    Line, Front. A boundary line of a lot which coincides with a street boundary line. The word “street” as used in this definition shall not include alley.

(89)    Lot Line, Rear. A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.

(90)    Lot Line, Side. A boundary line of a lot which does not coincide with a street boundary line. The word “street” as used in this definition shall not include alley.

(91)    Lot of Record. A lot which is part of a subdivision, the map of which has been recorded in the office of the Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds.

(92)    Lot, Reversed Corner. A corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.

(93)    Lot Split. The subdividing or redividing of a lot or lots in a recorded plat of a subdivision into not more than two (2) tracts which meet the criteria established within these regulations.

(94)    Lot Width. The mean horizontal distance between the side lot lines, measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than thirty-five (35) feet in width.

(95)    Manufactured Home. A factory-built structure or structures equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running gear and designed to be used as a dwelling unit irrespective of how affixed to the land. The transportation system is designed so that the manufactured home can be moved from time to time. The term shall include two (2) or more separately towed units which, when bolted together, form a complete living unit. Such homes are built on a chassis consisting of drawbar and coupling mechanism, frame (e.g., steel I-beams), running assembly, and lights. Removal of any or all of these component parts does not change the definition. All manufactured homes shall be either skirted or placed on a permanent-type, enclosed perimeter foundation and, according to the standards of the Governing Body, shall be anchored to the ground.

(96)    Manufactured Home, Dependent. A manufactured home which does not have a flush toilet and bath or shower.

(97)    Manufactured Home, Independent. A manufactured home which has a flush toilet and a bath or shower.

(98)    Manufactured Home Park. Any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by two (2) or more occupied manufactured homes. Such manufactured home park shall be under one ownership and control, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually. The term does not include a sales area on which unoccupied manufactured homes, whether new or used, are parked for the purpose of storage, inspection, or sale. A manufactured home may, however, remain on a space for purposes of sale by the resident owner or the manufactured home park owner. No more than fifteen (15) percent of the manufactured homes may be for rent at any one time.

(99)    Manufactured Home, Residential Design. A manufactured home on a permanent foundation which has (a) minimum dimensions of twenty-two (22) feet in width, (b) a pitched roof, and (c) siding and roofing materials which are customarily used on site-built homes.

(100)    Marginal Access Streets. A local street which is parallel with and adjacent to a limited access highway or arterial street, and which provides access to abutting properties and protection from fast through traffic on the limited access highway or arterial street.

(101)    Modular Home. A dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, prefabricated units, or modules designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width.

(102)    Motel. A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.

(103)    Motor Vehicle Repair Shop. A building or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.

(104)    Nonconforming Lot of Record. A platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

(105)    Nonconforming Structure or Use. A lawfully existing structure or use at the time of these regulations or any amendments thereto became effective which does not conform to the requirements of the district in which it is located.

(106)    Nursing Home. An establishment or agency licensed by the Governing Body for the reception, board, care, or treatment of three (3) or more unrelated elderly individuals.

(107)    Owner. Any person or persons, firm or firms, corporation or corporations, or any other legal entity having legal title to land sought to be subdivided under these regulations.

(108)    Parcel. All contiguous lands (including lots and parts of lots) held in one (1) ownership.

(109)    Parking Area, Public or Customer. An area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.

(110)    Parking Space. A surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one standard automobile.

(111)    Paved Parking. A vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free, all-weather condition.

(112)    Permanent Foundation. A foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

(113)    Person. Any natural individual, firm, trust, partnership, association, or corporation.

(114)    Planned Development. A tract of land meeting specified minimum site size whereon all elements of development may be designed as inter-related aspects of an overall improvement concept in accordance with the provisions of these regulations.

(115)    Planning Agency. The Prairie Band of Potawatomi Planning Commission.

(116)    Plat. A layout of a subdivision indicating the location and boundaries of individual properties.

(117)    Preliminary Plat. A tentative map or plan of a proposed subdivision of land showing the character and general details of the proposed development.

(118)    Premises. A parcel together with all buildings and structures thereon.

(119)    Principal Structure. The main use of land or structures as distinguished from a subordinate or accessory use.

(120)    Private Club. An association, other than fraternal or service club, organized and operated either for or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises provided adequate dining room space and kitchen facilities are available. Permission from the Governing Body is required to serve alcoholic beverages to members and their guests.

(121)    Protective Covenants. Restrictions governing the use of land within a given subdivision placed on the land by the owner at the time of platting.

(122)    Public Utility. Any business which furnishes the general public telephone service, electricity, cable television, natural gas, or water and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state.

(123)    Regulations or Resolution. The regulations and related documents duly approved and adopted under this Title, which establish zoning or land use requirements.

(124)    Restaurant. A public eating establishment, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants, and soda fountains, but not a drive-in establishment, unless specified.

(125)    Resubdivision. The subdivision of a tract of land which has previously been lawfully subdivided and a plat of such prior subdivision duly recorded. (Sometimes also referred to as a “replat”.)

(126)    Right-of-way. The area between the boundary lines of a street or other easement.

(127)    Road or Roadway. The paved or improved area existing on the street right-of-way which is used for vehicular traffic, exclusive of sidewalks, driveways, or related uses.

(128)    Rooming House. A building or portion thereof other than a hotel, where lodging of three (3) or more persons is provided for compensation.

(129)    Salvage Yard. Any land or building used for the collection or storage or sale of wastepaper, trash, rags, fibrous material, scrap metal, or other discarded material; or for the collecting or dismantling or storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures. In the agricultural and residential districts, no more than two (2) licensed or unlicensed motor vehicles which are in the process of restoration to operating condition may be stored; provided however, such vehicles are stored inside a structure or screened from public view.

(130)    Sanitary Landfill. A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with all applicable laws.

(131)    School. A public elementary or secondary educational facility which under direction and control of the State Board of Education and the State Superintendent of Public Instruction and/or a Parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

(132)    Screening. Decorative fencing, evergreen vegetation, earthen mounds, or a combination of these maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.

(133)    Setback. The distance between the lot line and the building line.

(134)    Sidewalk. A pedestrian walkway with a concrete surface constructed to the minimum standards set by the Governing Body.

(135)    Sign. Any words, numerals, figures, devices, designs, or trade marks by which anything is made known, such as are used to designate an individual firm, profession, business, or a commodity and which are visible from any public street or air. For various types of signs see Section 19-4-1.

(136)    Site. See “parcel.”

(137)    Sketch Plan. A map or plan of a proposed subdivision preparatory to the preparation of the preliminary plan to enable the subdivider to save time and expense in reaching tentative general agreements by a discussion of the form and objectives of these regulations.

(138)    Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

(139)    Story, Half. A space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

(140)    Street. A right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.

(141)    Street, Cul-de-sac. A street having only one (1) outlet and being permanently terminated by a vehicle turn-around at the other end.

(142)    Street, Frontage. A public or private marginal access street generally paralleling and contiguous to any arterial or a collector street and designed to promote safety by eliminating unlimited ingress and egress to such arterial or collector street by providing points of access at predetermined and more or less evenly spaced intervals.

(143)    Street Line. A dividing line between a lot, tract, or parcel of land and the contiguous street.

(144)    Street, Private. Any street designed for vehicular traffic not dedicated as a public thoroughfare. No governmental body has maintenance responsibilities for a private street.

(145)    Street, Network.

(1)    Arterial Street. A street which provides for through traffic movement between and around areas and across the reservation with direct access to abutting property; subject to necessary control of entrances, exits, and curb cuts.

(2)    Collector Street. A street which provides for traffic movement between arterial and locals streets with direct access to abutting property.

(3)    Local Street. A street which provides direct access to abutting land and for local traffic movement, whether in business, industrial, or residential areas.

(146)    Street, Width. The shortest distance between the property lines abutting both sides of a street right-of-way.

(147)    Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Structures include, but are not limited to, buildings, walls, sheds, towers, and bins. Not included as structures are fences, driveways, hard surfaced walks and terraces, or public items, such as utility poles, street light fixtures, and street lights.

(148)    Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of these regulations, the following shall not be considered structural alterations.

(1)    Attachment of a new front where structural supports are not changed.

(2)    Addition of fire escapes where structural supports are not changed.

(3)    New windows where lintels and support walls are not materially changed.

(4)    Repair or replacement of non-structural members.

(5)    Alterations for the safety of the building and normal repairs and maintenance.

(149)    Subdivide Land. To partition a parcel of land into two (2) or more parcels, tracts, lots, or sites for the purpose of transfer of ownership or development, whether immediate or future, when such parcel exists as a unit or contiguous units under a single ownership.

(150)    Subdivider. The owner, or any other person, firm, or corporation, authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.

(151)    Subdivision. The division of a tract of land into one or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term subdivision includes resubdivision, and the term “resubdivision,” as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided for sale, use, or other purpose which varies from the latest, approved subdivision of the same. See Section 19-10.

(152)    Subdivision Plat. A plan or map prepared in accordance with the provisions of these regulations and recorded with the Register of Deeds.

(153)    Tavern. An establishment in which the primary function is the public sale and serving of cereal malt beverages.

(154)    Theater. A building or part thereof devoted to the showing of motion pictures or the production of theatrical performances on a paid admission basis.

(155)    Theater, Outdoor. An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or the production of theatrical performances on a paid admission basis to patrons seated in automobiles or on outdoor seats.

(156)    Tourist Cabins. See “Motel.”

(157)    Tourist Home. A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

(158)    Tract. A plot or parcel of land, other than a lot in a subdivision, which is recorded in the office of the Register of Deeds.

(159)    Turnaround. An area at the closed end of a dead-end street or cul-de-sac within which vehicles may reverse their direction without any backing up.

(160)    Use. Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land.

(161)    Use Regulations. The provisions of these regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.

(162)    Variance. A modification or variation of the provisions of these regulations, as applied to a specific parcel of property, as distinct from rezoning.

(163)    Vision Triangle. A triangular area at the intersection of streets maintained in such a manner as to provide a safe and open line of vision for drivers of vehicles and pedestrians approaching the intersection. Within the vision triangle, no one shall install, construct, plant, park, or maintain any sign, fence, hedge, shrubbery, tree, natural growth, or other obstruction which would materially impede vision between the heights of thirty-three (33) inches and eight (8) feet above the street level. Such restrictions shall not apply to official traffic signs and signals and utility poles.

(164)    Watercourse. A body of water flowing in an identifiable channel or course, natural, or man-made, and which is not dry more than six (6) months a year.

(165)    Way. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

(166)    Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, the minimum horizontal distance between the lot line and the main building shall be used.

(167)    Yard, Front. A yard extending along a full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard. On a corner lot, each yard that abuts a street shall be considered a front yard.

(168)    Yard, Rear. A yard extending along a full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard.

(169)    Yard, Side. A yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of the required minimum side yard, but not excluding any area encompassed within a front or rear yard.

(170)    Zone or District. A portion, area, or section of the reservation land for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open spaces about buildings are herein established.

Other Words or Terms

Words or terms not herein defined shall have their ordinary meaning in relation to the context.

(Amended by PBP TC No. 2017-072, February 8, 2017)