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).
[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).
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.