The Menominee Tribal Legislature is the legally constituted governing body of the Menominee Indian Tribe with all governmental powers vested in it in accordance with Articles
I and
III of the Menominee Constitution and Article
II, Section 2(g) of the Bylaws of the Constitution of the Menominee Tribe.
This ordinance shall be known as the "Menominee
Tribal Zoning Ordinance."
It shall be the purpose of this chapter, through
the regulation of the use of lands and structures, through the establishment
of physical standards, through the creation of separate zoning districts
and through the mechanisms provided herein for the enforcement and
administration to:
A. Promote the public health, safety, comfort, convenience
and general welfare of the citizens of the Menominee Indian Tribe.
B. Protect and conserve the environmental and natural
resources, such as forests, wetlands, surface water and groundwater,
by conserving the most appropriate use of land.
C. Prevent the overcrowding of land and undue congestion
of population.
D. Provide adequate light, air, and convenient access
to property by regulating the use of land and buildings and the bulk
of structures in relationship to surrounding properties.
E. Facilitate adequate and economic provisions of services,
such as roads, water and sewer, schools, and police and fire protection.
F. Encourage the use of land and buildings which is compatible
with nearby existing and planned land uses and to prohibit and control
existing land uses deemed incompatible with nearby land uses.
G. Prevent harm to persons and property by flood, fire,
explosion, toxic fumes or other hazards.
The jurisdiction of this chapter shall apply
to all land and water within the exterior boundaries of the Menominee
Indian Reservation and all other lands held in federal trust for the
Menominee Indian Nation.
It is the policy of the Menominee Indian Tribe
that the enactment, amendment and administration of this chapter shall
be accomplished with due consideration of the purposes and goals of
the Land Use and Natural Resource Plan adopted on October 25, 1984,
as amended from time to time, and other land use plans adopted by
the Tribe, such as a recreation plan. The Tribal Legislature recognizes
that the Land Use and Natural Resource Plan and its amendments is
a guide for the future development for the Tribe.
The Menominee Tribal Zoning Ordinance shall
consist of original Official Zoning Maps and current Official Zoning
Maps designating various use districts in conjunction with this chapter,
the combination of which shall control the uses of land, the bulk
of structures and dimensions of lots or building sites and yards,
the location and size of signs and the number and location of off-street
parking and loading facilities.
A. Original Official Zoning Maps. Each of the initial
zoning district maps or set of maps shall be titled "Original Official
Zoning Map" and dated. Each map shall be made part of this chapter
and adopted by the Tribal Legislature. The original Official Zoning
Map or maps shall be kept in the Department and shall not be changed.
Such maps shall be used for reference purposes only when there is
a need to determine the original applicable zoning.
B. Current Official Zoning Maps. One or more sets of
zoning maps titled "Current Official Zoning Maps" shall be made available
for public reference in the Department. All amendments to the district
boundaries or any other feature of the map shall be placed upon such
maps by the Department promptly after each amendment has been adopted
by the Tribal Legislature and is made part of this chapter.