The purpose of this land use regulation is to promote the orderly development of the tribal trust lands in Kenosha, Wisconsin, for commercial entertainment purposes.
This land use regulation shall apply to the subject site, consisting of 223 acres, more or less, as referenced in Exhibit 1,[1] hereinafter "Menominee Kenosha trust lands" or "trust lands."
[1]
Editor's Note: Exhibit 1 is on file at the office of the Administrative Manager.
The following uses are permitted on the referenced site:
A. 
Hotels and motels.
B. 
Conference center.
C. 
Convention center.
D. 
Restaurants, without a drive-through.
E. 
Tavern, cocktail lounge, and nightclub.
F. 
Convenience retail and service stores as ancillary facilities to the principal use(s).
G. 
Gaming facilities.
H. 
Amusement enterprises.
I. 
Theater, indoor and outdoor, excluding adult uses.
J. 
Commercial recreational uses, indoor and outdoor.
K. 
Brew pub or winery.
L. 
Parking facilities, including structures and ramps.
M. 
Arena, auditorium, exhibition halls and stadiums.
N. 
Administrative offices.
O. 
Indoor warehouse and storage buildings as ancillary facilities to the principal use(s).
P. 
Recreational vehicle park.
Q. 
Stormwater detention and retention basins.
All uses not specifically listed are prohibited.
Any development of the referenced lands shall conform to the following requirements:
A. 
Height regulations.
(1) 
No building or structure shall be hereafter enlarged, erected, reconstructed or structurally altered to a height which exceeds a height of 75 feet or as regulated by the Kenosha Regional Airport Zoning and Height Limitation Map, as referenced in Exhibit 3,[1] whichever is more restrictive.
[1]
Editor's Note: Exhibit 3 is on file at the office of the Administrative Manager.
(2) 
Parapet walls not exceeding four feet in height, chimneys, flues, elevator bulkheads, penthouses, stacks, stage towers or scenery lofts, cupolas, domes and spires, and necessary mechanical appurtenances may be erected to a height which exceeds the seventy-five-foot height limit. However, no architectural projection or any space above the height limit shall be allowed for the purpose of providing additional floor space.
(3) 
Ornamental appurtenances, statues, and monuments shall not exceed the height of the allowable building height.
B. 
Visual clearance.
(1) 
Purpose. Adequate visual clearance must be provided at intersections for children, pedestrians and for drivers and operators of all motor vehicles, bicycles and other forms of conveyance so that they may be observed by each other in a timely manner to lessen the possibility of accidents and to promote public safety.
(2) 
General regulations. No obstructions, such as buildings, structures, fences, parked vehicles or vegetation, which are constructed, erected, maintained or planted shall be permitted between the heights of three feet and nine feet above:
(a) 
The triangular space formed by any two existing or proposed intersecting street right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection.
(b) 
The intersection of any existing or proposed street right-of-way line with an existing or proposed alley right-of-way line or the line formed by the edge of any driveway and a line joining points on such lines located a minimum of 15 feet from their intersection.
(3) 
Exceptions. The following shall be excepted from the regulations: authorized traffic signs and signals, utility poles and installations, railroad crossing signs and barricades, mailboxes, bus stops, flagpoles, decorative lamp poles, public fixtures, and similar items which do not substantially impair visual clearance.
(4) 
Parked vehicles. The visual clearance regulations shall apply to parking facilities.
(5) 
Natural objects and vegetation. Natural objects and vegetation such as trees and shrubs must be removed, trimmed or planted so as to provide, restore or maintain visual clearance.
C. 
Building and architectural standards.
(1) 
Building size and scale shall respect the physical scale of the surrounding area and the scale of surrounding buildings, within the trust lands.
(2) 
The location and orientation of building elements shall respect the orientation of surrounding buildings or structures, within the trust lands.
(3) 
The materials and design of buildings and structures shall complement the surrounding area, within the trust lands.
(4) 
Adequate handicap access shall be provided to public buildings and structures as required in the Wisconsin Administrative Code.
D. 
Site standards.
(1) 
The location, proportion, and orientation of buildings or structures should respect the location, proportion and orientation of surrounding landforms, buildings or structures, within the trust lands.
(2) 
Vehicular access shall meet the following requirements:
(a) 
Intersections of a ninety-degree angle are to be encouraged while other angles are to be discouraged.
(b) 
Adequate access for emergency vehicles shall be maintained.
(3) 
Any off-street parking area shall meet the applicable design screening and parking requirements.
(4) 
Separation of pedestrian and vehicular access shall be encouraged.
E. 
Drainage standards.
(1) 
To the extent possible, surface water runoff on the site shall be absorbed or retained on the site so that the quantity and rate of water leaving the site would not be significantly different than if the site had remained undeveloped.
(2) 
If drainage from the proposed development is proposed to be discharged, it shall be discharged in compliance with city, state and federal requirements.
(3) 
The proposed development shall not create or increase surface water runoff or buildup on adjoining or adjacent properties.
F. 
Landscape standards. Landscaping must accomplish the following purposes:
(1) 
Maintaining and promoting general aesthetics by preserving existing vegetation or landforms or by requiring new landscaping, both helping to blend buildings and other structures with the landscape.
(2) 
Circulation control by directing pedestrian and vehicular traffic with appropriate locations of landscaping.
(3) 
Environmental control by preventing erosion or sedimentation.
(4) 
Adjacent property protection by requiring the screening of incompatible uses and off-street parking facilities.
(5) 
Landscape quality by requiring appropriate plant or fence types based on climate, variety, hardiness and maintenance.
G. 
Utility standards.
(1) 
Utility systems shall be placed in accordance with city, state and federal requirements and the utility companies' rules and regulations.
(2) 
Any lighting source on any building, structure, or site which is for the purpose of illuminating any structure exterior or outdoor area shall be established in a manner which satisfies the following conditions:
(a) 
Such lighting shall be arranged, oriented or shielded in such a manner that direct radiation or glare from such source does not penetrate residential lots which are located adjacent to or across the street from the use being illuminated.
(b) 
The source of such illumination shall be arranged, oriented or shielded in a manner which will not endanger the safety of pedestrian or vehicular traffic.
(c) 
Exterior lighting shall be constant and not flashing, intermittent or animated in any way.
(3) 
Storage of waste and trash shall conform to the following standards:
(a) 
Such areas shall be screened from public view.
(b) 
Such facilities shall be a minimum of a two-cubic-yard container readily accessible and located on a hard-surfaced area.
A. 
Major street standards.
(1) 
The following streets near the trust land are hereby designated to be major streets:
(a) 
52nd Street, from the west line of 6th Avenue to the most western corporate limits of the City of Kenosha, insofar as it abuts or lies within such city limits.
(b) 
60th Street, from the east line of Sheridan Road to the most western corporate limits of the City of Kenosha, insofar as it abuts or lies within such city limits.
(2) 
The baseline on the major streets is as follows:
(a) 
52nd Street, the baseline shall be the section line in said major street.
(b) 
60th Street, the baseline shall be the section line in said major street.
(3) 
The setback lines for major streets, hereinafter "major street setback," shall be measured from the baselines as follows:
(a) 
52nd Street, the setback line shall be 75 feet from the baseline.
(b) 
60th Street, the setback line shall be 60 feet from the baseline.
(4) 
No buildings or other site improvements shall be allowed within the major street setback.
B. 
Parking and loading requirements.
(1) 
General parking requirements.
(a) 
There shall be provided at the time any building or structure is erected, enlarged or expanded off-street paved parking spaces in accordance with the following requirements.
(b) 
All parking spaces required shall be located on the same lot with the building or use.
(c) 
All off-street parking facilities for five or more vehicles, not contained in a building or structure, shall be effectively screened on any side of the facility which is adjacent to or across the street from a residential district. Such screening shall be accomplished by a fence, wall, berm or landscaping, or some combination thereof, constituting an opaque characteristic which obscures from horizontal view the parking facility. Such screen shall not be less than four feet in height, except where reduced heights are required by visual clearance regulations.
(2) 
Minimum parking spaces required for the following permitted uses:
(a) 
Motel or hotel: 1.0 space per rental unit, plus 1.0 space per three employees.
(b) 
Theaters, general auditoriums, arenas, stadiums, exhibition halls or other similar places of assembly: 1.0 space per five seats.
(c) 
Conference centers: 10.0 spaces minimum or spaces equal to 30% of the licensed capacity, whichever is greater.
(d) 
Convenience retail, general merchandise and service stores, office buildings, financial institutions, and miscellaneous retail and service uses: 1.0 space per 250 square feet of gross floor area.
(e) 
Restaurants without drive-in or drive-through facilities: 10.0 spaces minimum or spaces equal to 30% of the total licensed capacity, whichever is greater.
(f) 
Taverns and cocktail lounges: 10.0 spaces minimum or spaces equal to 20% of the total licensed capacity, whichever is greater.
(3) 
Loading requirements. There shall be provided at the time any building or structure is erected, enlarged, or expanded loading space in accordance with the following requirements:
Loading Spaces Required for Business Uses
Gross Floor Area of Building
(square feet)
Minimum Loading Space Required
Less than 7,000
0
7,001 to 10,000
1
10,001 to 25,000
2
25,001 to 50,000
3
50,001 to 100,000
4
100,001 to 250,000
5
Each additional 200,000
1
C. 
Airport Overlay District and height limitation regulations.
(1) 
The intent and purpose of the Airport Overlay District is to impose land use controls that will protect airport operations and ensure a compatible relationship between airport operations and other land uses in the vicinity of these airport operations. The Airport Overlay Districts, permitted uses and development standards are:
(a) 
Airport Overlay District Runway Protection (AIR-1). This district shall include all property in the Runway Protection Zone, subject to crash hazard, within the boundaries of the district set forth herein. No buildings or structures are permitted within this zone and the height of natural growth is regulated.
[1] 
Permitted uses.
[a] 
Agriculture, crops only.
[b] 
Air navigation facilities.
(b) 
Airport Overlay District Approach (AIR-3). This district shall include all property in the Approach Zone, having a noise exposure of less than 65 DNL due to the operation of aircraft, within the boundaries of the district set forth herein.
[1] 
Permitted uses. All uses which are permitted in this article. Any new use which provides overnight lodging and/or sleeping accommodations is permitted, upon first paying the fee for preparation of an avigation easement established by the Common Council of the City of Kenosha from time to time, by resolution, and executing and recording an avigation easement. Air navigation facilities are permitted.
[2] 
Development standards. All uses shall meet the following standard: construction techniques to provide a minimum of five decibels' extra noise reduction, as determined by the Department, as defined in § 594-7 of this article, over the minimum standards contained in state building codes.
(c) 
Airport Overlay District Overflight (AIR-4). This district shall include all property in the Overflight Zone within three miles of the airport boundaries located within the horizontal surface and/or the 20:1 conical surface area as designated in the Federal Aviation Regulation Part 77 and having a noise exposure of less than 65 DNL due to the operation of aircraft.
(2) 
The location and boundaries of the districts are shown on Exhibit 2 and the Kenosha Regional Airport Zoning and Height Limitation Map dated May 25, 1988, shown on Exhibit 3.[1] The following requirements shall apply to all Airport Overlay Districts (AIR):
(a) 
Interference with avigation. Notwithstanding any other provision of this section, no use shall be made of land within any Airport Overlay District in such a manner as to:
[1] 
Release into the air any substance which would impair visibility or otherwise interfere with the operation of aircraft.
[2] 
Produce light emissions, either direct or indirect (reflective), which would interfere with the operation of aircraft.
[3] 
Produce electrical, magnetic or other emissions which would interfere with the operation of aircraft, aircraft communication or aircraft guidance systems.
[4] 
Attract birds, waterfowl, or wildlife in a manner that creates a hazard to navigation.
[5] 
Create a hazard to navigation in any other manner.
(b) 
Flammable and/or combustible material. The following requirements shall apply to all Airport Overlay Districts. All technical terms shall be interpreted as defined in the Wisconsin State Statutes and Wisconsin Administrative Code.
[1] 
The manufacture of flammable and/or combustible liquid and solid materials is prohibited.
[2] 
The handling and storage of flammable and/or combustible liquid and solid materials and materials which produce flammable or combustible vapors and gases shall be in accordance with state laws, rules and regulations and lawful administrative orders.
[1]
Editor's Note: Exhibits 2 and 3 are on file at the office of the Administrative Manager.
(3) 
Prohibitions.
(a) 
No person shall develop or maintain land or construct any building or structure or improve land in any Airport Overlay District(s) shown on Exhibit 2,[2] in which situated, contrary to these requirements.
[2]
Editor's Note: Exhibit 2 is on file at the office of the Administrative Manager.
(b) 
No building, structure or object of natural growth shall exceed the height limitation of the underlying zoning district or be in excess of the height limitation indicated on the Kenosha Regional Airport Zoning and Height Limitation Map dated May 25, 1988, shown on Exhibit 3.[3] In the event of a conflict, the more stringent requirement shall apply.
[3]
Editor's Note: Exhibit 3 is on file at the office of the Administrative Manager.
D. 
Traffic impact analysis. The developer shall, at its cost and expense, construct and install, prior to building occupancy, improvements identified in a traffic impact statement. The developer shall be responsible to prepare a traffic impact statement which analyzes adjoining street capacity and current volumes, trip generation rates expected for the development, and expected increase or decrease in volumes on adjoining streets and impacted arterials. The traffic impact statement shall identify the size, location, and characteristics of roadway or traffic control improvements necessitated by the proposed development to maintain existing levels of service on public thoroughfares. The analysis shall identify the impact of the development on pedestrian or vehicular safety and congestion. The impact analysis shall be required when the total floor space of the development on a single parcel or contiguous parcels totals 100,000 square feet or more.
E. 
Building requirements. Buildings authorized to be constructed shall conform to the design standards hereinafter set forth:
(1) 
Building faces shall be constructed entirely of architectural masonry, exterior insulated finish system (EIFS), architectural composite aluminum panels, wood, glass or a combination of these materials. Prefinished metal siding, steel siding, or ribbed or corrugated metal siding shall not be permitted on any building facade. Smooth-face concrete blocks shall not be permitted on any building facade, except when used for accent banding.
(2) 
Articulation on the rooflines shall be provided by using a pitched roof, a partial roof or parapet walls of varying heights.
(3) 
Rooftop mechanicals shall be concealed in order to prevent their visibility from grade level as measured from the lot lines and abutting street rights-of-way.
(4) 
Materials and colors of outbuildings shall be consistent with the main building.
(5) 
Articulation of building facades shall comply with the following design standards:
(a) 
Recesses and/or projections shall comprise at least 20% of each facade length with a minimum depth and/or projection of three feet or other methods of articulation, such as false windows or articulation of brick or block.
(b) 
Windows, awnings, arcades or similar architectural elements shall total at least 60% of each facade length which faces a public street.
F. 
Site requirements.
(1) 
Parking lots shall be designed and constructed in accordance with city ordinances.
(2) 
Parking lots shall be paved with asphaltic concrete or portland cement concrete.
G. 
Utility requirements.
(1) 
Storm sewer, sanitary sewer and water utility systems shall be designed and constructed in accordance with City of Kenosha and Kenosha Water Utility ordinances and regulations. All new electric, phone and cable facilities shall be installed underground.
(2) 
All exterior lighting shall comply with the following standards:
(a) 
Light fixtures shall be selected with care to ensure that they are appropriately scaled in relation to their setting and to ensure that they are of a style that is compatible with the character of their immediate environment.
(b) 
Luminaires shall be aimed, shielded, or relocated so as to minimize glare.
(c) 
The maximum allowable light spillover to an adjacent residential property shall be 0.5 footcandle measured at the property line, four feet above grade; for all other types of land uses, the maximum allowable light spillover shall be 0.75 average footcandle, measured in the same manner.
(d) 
Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter sensor shall be mounted not more than four feet above the ground line in a horizontal position. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination.
(e) 
All lighting wires/cables shall be placed underground.
(f) 
Accent lighting should be used to highlight architectural and landscape design elements when appropriate.
(g) 
Illumination of uses shall meet the minimum standards of the Illuminating Engineering Society of North America (IES).
(h) 
Pedestrian walkways and parking area shall be illuminated to a sufficient level so as to provide for security.
H. 
Drainage requirements. All development shall comply with the city, state and federal requirements for stormwater retention and detention, and these must be met:
(1) 
Surface water runoff on the site shall be absorbed or retained on the site so that the rate of flow of surface water leaving the site would not be greater than if the site had remained undeveloped.
(2) 
Surface water from the site shall be discharged to the city storm sewer or ditch, where available and of sufficient capacity to handle the flow.
(3) 
Surface water flow may be directed onto adjoining private property only under the following circumstances:
(a) 
The surface water follows a predevelopment drainage course.
(b) 
The property owner of the site being developed executes an indemnity and hold harmless agreement with adjoining property owner.
(c) 
Private drainage tiles may be connected to those on adjacent property only with the written permission of said property owner.
(4) 
Nonresidential uses and all parking areas shall not discharge surface water onto any property zoned residential.
I. 
Landscaping requirements.
(1) 
Recommended trees, shrubs and ground cover. Species and/or varieties of trees, shrubs and ground cover shall be those recommended by the City Forester or the most recent version of A Guide to Selecting Landscape Plans for Wisconsin by E.R. Hasselkus. The following criteria shall also govern selection:
(a) 
Size in relation to proximity to buildings, utilities, entrances, pedestrian walkways, roads and other improvements.
(b) 
Species in relation to plant hardiness (Zones 5 through 2), disease or insect resistance, and low maintenance.
(2) 
Landscape open space. All open space or open areas required for stormwater control or other purposes shall be landscaped in accordance with the standards set forth in these regulations. Unless otherwise identified, all development shall contain a minimum of 15% of the site in landscaped open space, including interior parkways, buffer strips, parking lot landscaping and site interior landscaping.
(3) 
Landscaping is regulated based on five distinct areas of the parcel being developed as follows:
(a) 
Interior parkway. A landscaped open space directly abutting a public street right-of-way.
(b) 
Parkway. The unpaved portion of the public street right-of-way between a curb or curbline and sidewalk.
(c) 
Buffer strip area. A landscaped area intended to separate two adjacent land uses or properties from one another and soften land use incompatibility.
(d) 
Parking lot landscaping. Landscaped area within or surrounding a parking area used to soften the visual and environmental character of paved parking areas.
(e) 
Site interior landscaping. The open space area surrounding buildings intended to enhance building and site character, excluding the interior parkway, parking lot landscaping, and perimeter landscape area. See Exhibit 4 which provides a graphic illustration of each area above described.[4]
[4]
Editor's Note: Exhibit 4 is on file at the office of the Administrative Manager.
(4) 
Site landscaping requirements. The following landscape requirements apply to permitted uses:
(a) 
Interior parkway landscaping. Interior parkway landscaping is required of developments in order to screen vehicular parking which may be viewed from the public rights-of-way as shown in Exhibit 6.[5]
[1] 
Interior parkway landscape standards are indicated in Exhibit 6.
[2] 
Parking lot frontage shall be screened to a height of three feet along at least 50% of the frontage, as shown in Exhibit 7.[6]
[6]
Editor's Note: Exhibit 7 is on file at the office of the Administrative Manager.
[5]
Editor's Note: Exhibit 6 is on file at the office of the Administrative Manager.
(b) 
Parkway landscaping.
[1] 
Parkway landscaping is required of development in order to provide street tree plantings. Parkway landscape standards shall include one two-inch caliper deciduous tree for every 40 feet of street frontage.
[2] 
Parkway trees are not required when plans show shade trees in interior parkway within 35 feet of parkway curbline.
(c) 
Buffer strips. All developments shall create a buffer between land uses. Buffers shall be composed of landscape plantings, earth berming or screen fencing. Exhibits 5, 8 and 9 illustrate permissible buffer strip options.[7]
[1] 
Buffer strips shall be provided along the periphery of the development site, except where cross access, utilities or special circumstances prohibit.
[2] 
Ornamental clump trees shall be a minimum of five feet; all other ornamental trees shall be a minimum of two-inch caliper.
[3] 
Shrubs shall be planted in groupings or hedges through the buffer strip.
[4] 
Screen fencing or walls of wood, face brick or other approved material shall be provided.
[7]
Editor's Note: Exhibits 5, 8 and 9 are on file at the office of the Administrative Manager.
(d) 
Site interior landscaping. Site interior landscaping shall utilize plant materials, earth berming and screening elements to functionally screen and aesthetically enhance site and building characteristics.
[1] 
Between buildings.
[a] 
There shall be sufficient quantities of deciduous, ornamental and coniferous trees, shrubs and ground covers to adequately screen undesirable views at the sides and rear of buildings.
[b] 
All designated lawn areas between or around buildings shall be sodded. Seed may be used if an irrigation system is provided.
[2] 
Foundation planting.
[a] 
A five-foot-wide landscape area should be provided adjacent to all building walls. All trees shall be planted a minimum of 10 feet from building overhangs, and only columnar trees may be planted within 20 feet of a building overhang.
[b] 
The landscaped area should be planted with a balance of ornamental and coniferous trees, shrubs, and ground covers.
[c] 
Plantings should emphasize softening of large expanses of building wall length and height, accent building entrances and architectural features and screen mechanical equipment adjacent to buildings.
[3] 
Service area screening.
[a] 
All service areas such as loading docks and freestanding utility and mechanical equipment shall be screened from view through the use of coniferous plant materials or fencing compatible with proposed building design.
[b] 
Trash dumpsters and other waste receptacles or equipment shall be screened with fencing of decorative wood masonry six feet in height, with shrubbery or trees and a solid, attractive single- or double-access gate on one side only, and with shrubs and trees as shown in Exhibit 10.[8]
[8]
Editor's Note: Exhibit 10 is on file at the office of the Administrative Manager.
(5) 
Parking lot landscaping. Landscaping shall be provided within all parking lots. Parking lot plantings shall provide screening, shade, and subdivided space and are intended to reduce glare and heat from pavement surfaces by meeting the following standards:
(a) 
Each parking row, regardless of its length, should begin and end with a landscape island with barrier-type curbs.
(b) 
No parking space shall be more than 90 linear feet away from either a landscaped parking island or landscaped buffer strip, foundation planting or landscaped interior parkway.
(c) 
All parking lots or portions of parking lots adjacent to buffer strips or interior parkways which are adjacent to any residential properties shall be screened from view by landscaping, fencing, berming, and/or a combination thereof.
(d) 
Shrubs within parking lot islands shall be maintained at a height not to exceed three feet.
(e) 
Parking lot landscape areas shall have a minimum width of eight feet, measured from back of curb to back of curb, and a depth equal to the depth of the parking stall, as shown in Exhibit 11.[9] Landscape islands shall include at least one deciduous tree of 2 1/2 inches in caliper. Additional trees may be required, depending on the size of the island and the location of parking lot lighting.
[9]
Editor's Note: Exhibit 11 is on file at the office of the Administrative Manager.
J. 
Fence requirements.
(1) 
Approved fence materials. All fences shall meet the following material requirements:
(a) 
Fences shall be constructed using materials including, but not limited to, brick, fieldstone, wrought iron, vinyl or vinyl coated, chain link (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood. Chain link fencing shall not be used for screening.
(b) 
No fence shall be constructed of used or discarded materials in disrepair, including but not limited to pallets, tree trunks, trash, tires, junk, or other similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, landscape timbers or utility poles, shall not be used for or in the construction of a fence.
(2) 
Fence maintenance. Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.
(3) 
Prohibited fences. The following shall be prohibited:
(a) 
An electric or razor wire fence.
(b) 
Any wire or chain-link-type fence with the cut or salvage end of the fence exposed at the top.
(c) 
A fence which creates a hazard to users of the street, sidewalk or to nearby property.
(d) 
A fence composed solely of fence posts.
(e) 
An incomplete fence, consisting only of posts and supporting members.
(f) 
A barbed wire fence.
K. 
Definitions. See Exhibit 12.[10]
[10]
Editor's Note: Exhibit 12 is on file at the office of the Administrative Manager.
A. 
This article shall be administered by the Menominee Tribal Community Development Department or any other entity designated by the Menominee Tribal Legislature ("Department"). The Menominee Tribal Attorney, Menominee Tribal Prosecutor, or other officer designated by the Menominee Tribal Legislature, in coordination with the Department, shall enforce these provisions. Persons enforcing this article may seek injunctive relief from Tribal Court.
B. 
Any person who fails to comply with the provisions of this article or any order of the Department or its authorized agent issued in accordance with this article shall, upon conviction thereof, forfeit not less than $100 or more than $500 for each day the violation continues and the cost of prosecution for each violation, including court costs and reasonable attorney fees.
C. 
Any person intending to engage in construction activity or hire someone to engage in construction activity shall provide his or her plans to the Department in a format designated by the Department. No person may commence any construction activity prior to receiving written approval from the Department stating that such construction activity conforms to the terms of this article. Any person engaging in construction activity shall do so in conformance with the approved plans.
A. 
All exhibits and references are attached hereto and incorporated herein.[1]
(1) 
Menominee Kenosha Trust Lands.
(2) 
Airport Overlay Districts.
(3) 
Kenosha Regional Airport Zoning and Height Limitation Map.
(4) 
Landscaped Areas.
(5) 
Commercial Buffer Strip Abutting Residential Zone.
(6) 
Interior Parkway Landscaping for Commercial Uses.
(7) 
Commercial Interior Parkway Landscaping.
(8) 
Commercial Buffer Strips Abutting Residential Zone.
(9) 
Buffer Strips for Commercial Uses.
(10) 
Service Area Screening.
(11) 
Typical Parking Lot Planting Island.
(12) 
Definitions.
[1]
Editor's Note: Exhibits 1 through 12 are on file at the office of the Administrative Manager.