No structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, converted, enlarged, constructed, moved or structurally altered, unless in conformity with all the regulations specified in this chapter for the district in which it is located.
In interpreting and applying the provisions of this chapter, the provisions shall be held to be the minimum requirements for the public health, safety, comfort, convenience and general welfare of the members and descendants of the Tribe and shall be liberally construed in favor of the Tribe.
Where the provisions of this chapter impose greater restrictions than those of any code, regulation, or other ordinance, the provisions of this chapter shall be controlling, except that the shoreland provisions under Article XX (Shoreland Overlay District) of this chapter supersede all the provisions of any tribal ordinance which relates to shorelands. Where the provisions of any code, regulation or other ordinance impose greater restrictions, those provisions shall be controlling.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Maps, the following shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways, railroads, or lakes, streams and other water bodies shall be construed to follow such center lines.
B. 
Boundaries indicated as approximately following platted lot lines, quarter section and quarter-quarter section lines, or municipal boundaries shall be construed to follow such lines.
C. 
Boundaries indicated as being parallel to or an extension of the features listed in Subsection A or B above shall be so construed. Distances not specified on the map shall be determined by map scale.
D. 
In situations not covered by Subsections A through C above, or when there is a dispute over a determination of district boundaries made by the Department, the committee shall recommend to the Tribal Legislature determination of the district boundaries when the physical or cultural features existing on the ground differ with those shown on the map.
If, during the process of writing, editing, or updating this chapter, an error has occurred in identifying the correct reference number to a section or any subsection, the Zoning Administrator shall apply the following:
A. 
The smallest possible subsection in which the error is located shall not be literally interpreted.
B. 
Locate the appropriate section or subsection by means of any identification accompanying the referred number.
C. 
Refer to the hidden codes within the word processing program to assure proper correlation between the paragraph number and the target number.
D. 
If no identification accompanies the referred number, the error shall be assumed to be a subsection within the current section, and the correct number shall be located through context.
E. 
If context is insufficient to locate the referred number, previous additions and drafts of the chapter shall be consulted.
F. 
If the correct section or subsection still cannot be identified or located, the appropriate section or subsection shall be assumed to be deleted from the text.
G. 
The Zoning Administrator shall write a memorandum, addressed to the chapter, identifying the appropriate corrections, including additions and deletions, necessary to interpret the chapter properly.
H. 
The memorandum shall be copied and forwarded to the committee to initiate the amendment process in accordance with § 625-252 (Amendments).
A. 
No development shall take place until an archaeological and environmental survey has been conducted.
[Amended 9-15-2022 by Ord. No. 22-41]
B. 
Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses shall be located on the lot.
C. 
Grandfather clause. Any lot in existence at the time of adoption of this chapter, and legally created, shall be considered a lot of record and shall be considered legally buildable even though the lot may not meet the minimum lot area and lot width requirements, provided that the lot is in separate ownership from abutting land and further provided that the lot is developed with a use that is permitted and at the setback requirements by the district in which it is located under this chapter.
D. 
No yard or other open space existing on the date this chapter was adopted shall be reduced below the minimum required by this chapter.
E. 
Lots which were created through platting or certified survey procedures and which are under single contiguous ownership are to be considered as separate lots of record if they meet the dimensional requirements of the district in which they are located.
F. 
All lots shall have a minimum frontage on a public road equivalent to the minimum width of the district in which the lot lies, except for lots created through the planned unit development procedures.
[Amended 9-15-2022 by Ord. No. 22-41]
A. 
Any newly acquired property, upon the transfer into federal trust status to be held for the Menominee Indian Nation, shall temporarily be assigned to the same or similarly described Chapter 625 district as the county zone prior to purchase. If after 180 days no official permanent determination has been made to re-zone the property the temporary district shall become the permanent district and the Zoning Map shall be administratively updated without having to follow § 625-252. If no prior zoning existed then upon transfer into federal trust status shall be temporarily assigned Planned Unit Development (PUD) District (refer to Article XVII) for no more than 180 days or until an official, permanent determination can be made as to the best zoning district or districts for the property.
B. 
If no official, permanent determination has been made after 180 days, then the whole property is designated as a PUD District and cannot be changed unless by amendment according to § 625-252 (Amendments).
A. 
Within the jurisdiction of all lands held in federal trust for the Menominee Indian Nation in Township 28 North and Range 14 East of the State of Wisconsin, the following uses and structures are prohibited in the ensuing districts:
(1) 
Any manufacture, distribution, or sale of alcoholic or fermented beverages.
(a) 
Findings and purpose. The Tribal Legislature finds that due to the existence of a substance abuse treatment facility in the immediate vicinity, the manufacture, distribution, or sale of alcoholic or fermented beverages would be detrimental to the recovery process.
(b) 
Nothing in this subsection is intended to prohibit the possession of alcoholic or fermented beverages within residences, subject to lease restrictions or covenants.
(2) 
Adult bookstores and/or adult entertainment facilities.
(a) 
Findings and purpose. The Tribal Legislature finds that due to their nature, the existence of adult bookstores and adult entertainment facilities has serious objectionable operational characteristics, such as an effect upon property values, local commerce and crime. Due to the deleterious combined effect on adjacent areas, they should be excluded to prevent their contribution to the blighting or downgrading of the surrounding neighborhood.
(b) 
Nothing in this subsection is intended to authorize, legalize or permit the establishment, operation, or maintenance of any business, building or use which violates any law, ordinance, or code regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
B. 
Within the jurisdiction of all lands held in federal trust for the Menominee Indian Nation, the following uses and structures are prohibited in the ensuing districts: adult bookstores and/or adult entertainment facilities in accordance with Subsection A(2).
In any zoning district, whenever a use is neither specifically permitted nor denied, the use shall be considered to be prohibited. In such a case, the committee, on its own initiative or upon the request of a tribal community member, may recommend to the Tribal Legislature that a study be conducted to determine which zoning district, if any, is most appropriate for the use contemplated and which, if any, performance standards are appropriate to govern said use.