37.1 SECTION 1: TITLE This ordinance shall be known as the Land Use Ordinance of the Red Cliff Band of Lake Superior Chippewa Indians.

37.2 SECTION 2: PURPOSE This ordinance is for the purpose of controlling land use within the Red Cliff Reservation boundaries for the protection of the health, safety and welfare of the people who live within the Reservation. Its aim is to encourage the most appropriate use of the land, the protection of the Reservations economic and social stability, the promotion of orderly development on the reservation, and the preservation of natural areas.



Planning Board. The Tribe hereby establishes a Planning Board which shall have the powers and duties prescribed in Section 4(a) of this ordinance. The board shall be composed of five members, who shall be appointed by majority vote of the Tribal Council.


Zoning Administrator. The Tribe hereby establishes the position of Zoning Administrator who shall be appointed by the Chairman of the Tribal Council with approval of a majority of the members of the Tribal Council, and may be removed by a majority vote of the Tribal Council.


(c) have the power by majority vote to adopt such rules and regulations governing the conduct of hearings before the Board as it deems necessary; provided, however, that all meetings and votes of the Board, and all hearings it conducts, shall be open to the public; and further provided that written minutes of all such meetings and hearings shall be available to the public.


Zoning Administrator. The Zoning Administrator shall have the following powers and duties:

(a) The Zoning Administrator shall consult and cooperate with the Planning Board during its study of the Reservations land use needs under Section 37.4.1 (a) of this ordinance:

(b) Upon the adoption of an Official Tribal Zoning Map by the Tribal Council, the Zoning Administrator shall have the responsibility to investigate violations, give notice thereof, and recommend prosecution in cases where violations remain uncorrected, under the provisions of Section 12 of this ordinance;

(c) The Zoning Administrator shall issue Land Use Permits required by Section 8 of this ordinance, if application for the permit indicates that the building will conform to the uses permitted by the Official Tribal Zoning Map;

(d) The Zoning Administrator may make recommendations to the Planning Board or the Tribal Council concerning appeals from the denial of Land Use Permits or concerning applications for Special Permits.



Effect. For purposes of this ordinance, the Reservation is divided into the following land use zones: Residential, Commercial, Agricultural, Forestry, Wilderness and Preserved Area. The land use zone into which each parcel of land in the Reservation is placed shall be determined by reference to an Official Tribal Zoning Map, which shall consist of one or more maps adopted by the Tribal Council and in the custody of the Planning Board.


Public Examination. The Official Tribal Zoning Map, or and exact copy thereof, in the custody of the Planning Board, shall be available for examination by any member of the public at all reasonable times.


Amendment. The Official Tribal Zoning Map may be amended by approval of the Tribal Council.


In the land use zones established by Section 5 of this ordinance, the following purposes are permitted:



(a) Purpose. The Residential zone is intended to provide an area which will allow residential development in those areas within the Reservation most suited for such development.

(b) Permitted Uses. Within the Residential Zone, no building or land shall be used except for the following uses;

(1) Residential purposes or accessory to a residential use.

(2) A community or recreation building. No farming or raising livestock may be carried on in a residential district, but this restriction shall not apply to gardening, or limited small animal husbandry for hobby or non-commercial use.



(a) Purpose. The Commercial zone is intended to provide an open commercial zone for commercial and light industrial activities from gas stations and supermarkets to warehousing and light manufacturing.

(b) Permitted Uses. Permitted uses include, but are not limited to, grocery stores, general retail and specialty shops, laundromats, cafes, entertainment and recreation facilities, inns, lodges, and rooming houses, parks and boat launching, docks, public buildings, museum, and police stations. Light auto repair, boat repair and construction, seafood processing and merchandising, arts and crafts and marinas are also classified as commercial activities. Any use that is permitted in the Residential zone is also permitted.

(c) Auto Salvage--Scrap yards. The purpose of this section is to assure that any business of this type will use the utmost care in protecting the environment.

The permit application will show:

(1) A fence, 15 feet high around the site so as to obstruct the view from the roadway or a screening barrier of evergreen vegetation.

(2) A bermed wall, four feet high within the perimeter of the fence.

(3) A poly mat with a clay liner.

(4) Control system for water runoff.

(5) Fluid collection and short term storage capability, for vehicles entering yard.

(6) Minimum site size, two acres.

(7) Storage areas for batteries, and storage system protecting tires from rain.



(a) Purpose. The Agricultural zone is intended to provide a zone which will allow areas of the Reservation to be retained in a lower population density for purposes of farming and raising livestock and agriculture.

(b) Permitted Uses. Within the Agricultural zone, no building or land shall be used except for one or more of the following uses: Single family dwellings, farming and raising livestock, agriculture, and structures accessory to an agricultural permitted use.

(c) Size Requirement. The minimum size for agricultural purposes shall be ten (10) contiguous acres.


Forestry Zone.

(a) Purpose. The Forestry zone is intended to allow forestry management and its related activities.

(b)Permitted Uses. In the Forestry zone, no uses or structures shall be permitted unless for forestry uses. For the purpose of this ordinance, owners residences and uses shall be permitted.


Wilderness Zone.

(a) Purpose. The Wilderness zone is intended to retain the natural environment.

(b) Permitted Uses. In the Wilderness zone, the following uses shall be permitted: Picnic grounds, hiking, bridle trail, scenic view points, and day


Preserved Areas.

(a) Purpose. The Preserved area is intended to retain the natural environment.

(b) Permitted Uses. In the Preserved area, the following uses shall be permitted: cultural significance, spiritual ceremonies, and quiet enjoyment of tribal members.


Setbacks. In all zones, the following rules concerning set--backs from the lake shore shall apply.

(a) Lake Superior. There shall be a 150 foot set back from the ordinary high water mark. All structures and major ground cover disturbances shall be prohibited.

(b) Trout Streams. On all trout streams a minimum set back of 100 feet is required.

(c) Decks and Buildings Prohibited. Decks, observation platforms and buildings are expressly prohibited in the shoreline set back areas.

(d) Greater Setbacks. In cases of adverse soil to topographical conditions, the Zoning Administrator and/or Zoning Committee may require greater setbacks.



(a) Requirements. No outdoor advertising sign visible to the traveling public may be erected or maintained except as provided in this section.

(b) Number. The number of off premise signs permitted for any one applicant shall be limited to one (1) sign on each highway approach to that applicants place of business.

(c) Size. On business premises, signs shall not exceed 50 square feet. Of f premise signs shall not exceed 100 square feet.

(d) General Requirements.

(1) Flashing, intermittent, or moving lights or moving parts shall not be used with any sign.

(2) Signs shall not be placed to interfere with official traffic signs or driver visibility.

(3) Signs shall not be closer then three (3) feet to a property line or right of way, and shall not extend more than fifteen (15) feet above ground level, or, if fastened to a building not higher then the highest part of the building.

(4) No advertising sign shall be designed or erected to be seen or read from any navigable water, except signs advertising that a specific parcels for sale, or signs indicating the name and service of a business established on that site. Such signs shall be a maximum of twelve (12) square feet and shall be unlighted or indirectly lighted.

(5) All signs, sign faces and supports, shall be maintained in a good state of appearance and repair, as determined by the Zoning Administrator.

(e) Noncompliance. The Zoning Administrator may revoke any permit or order any sign removed for noncompliance with the provisions of this section.

(f) Removal Notice. A time limit of not less then thirty (30) days shall be given prior to the removal of any sign.

(g) Penalty. If a person does not remove a sign, the Zoning Administrator will do so, and any cost incurred will be charged to the individual.



General. At the discretion of the owner and subject to sections 37.7.2 through 37.7.7 of this section, the use of any parcel of land or any structure which was lawful at the time of adoption of the Official Tribal Zoning Map may continue after the adoption although such use does not conform with the provisions relating to the Land Use zone in which the land or structure is situated.


Discontinuance. A non--conforming use existing at the time of adoption of the Official Zoning Map may be discontinued; but if it is discontinued for one year or more it shall then be deemed abandoned, and any further use must be in conformity with the use permitted in the zone in which the use exists.


Uncompleted uses. Any structure intended or designed for a non--conforming use, the construction for which has been started but not completed at the time of adoption of the Official Tribal Zoning Map, may be completed and put to such non--conforming use, provided it is completed within one year after the adoption of the Map.


Destruction. Any building or structure existing as a non--conforming use under the terms of the Official "Tribal Zoning Map" which is destroyed by fire or the elements may be reconstructed and restored as a nonconforming use under section 37.7.1, provided the reconstruction or restoration is commenced within 6 months and completed within 18 months of the destruction.


Maintenance. Normal maintenance and repair associated with a non--conforming use is permitted, provided that no enlargement or extension of such a use may be included as part of such maintenance and repair.


Changes. The Planning Board may authorize a change from one non--conforming use to another non-conforming use, provided that the proposed use would be more suitable to the Land Use Zone in which it would be located than the non--conforming use which would be replaced.


Expansion. No expansion or enlargement of a nonconforming use is permitted by this Section.



Applications. After the adoption of an Official Tribal Zoning Map by the Tribal Council, any individual or organization must apply for and receive a Land Use Permit before commencing any construction of a new building or structure, or any alteration of an existing structure which will require more land area than does the existing structure, or any moving or destruction of any structure, within the Reservation. Applications for Land Use Permits shall be made to the Zoning Administrator, and shall be accompanied by a statement of the purpose, nature, and extent of the proposed construction or alteration. The application and statement must be accompanied with a fee of $20.00.


Issuance. The Zoning Administrator shall issue a Land Use Permit for the proposed activity if, upon reviewing the application and its accompanying statement, the planned construction or alteration will be in conformity with the requirements of the Land Use Zone in which it will be situated. If the Zoning Administrator is not satisfied that such conformity will result, s/he may either require more information from the applicant, or deny the application.


Appeal. In any case where the Zoning Administrator has denied an application for a Land Use Permit under this section, the applicant may appeal the denial to the Planning Board. The Planning Board shall uphold the Zoning Administrator unless, by vote of at least three disinterested members, it decides that the planned activity will be in conformity with the requirements of the Land Use Zone in which it will be situated. The following procedures shall apply in such appeals:

(a) Appeals must be taken within fifteen (15) days after the applicant received notice of the Zoning Administrators decision and shall be filed in duplicate with the Zoning Administrator.

(b) Upon filing of an appeal, the Zoning Administrator shall set a time and place for a hearing before the Planning Board which hearing shall be held within thirty (30) days after its filing. Notice of the time and place shall be mailed at least ten (10) days before the hearing to the appellant, and shall be published at least once in a newspaper of general circulation within the Reservation and posted in a conspicuous place at the Tribal Administration Office.

(c) At the hearing on an appeal the Planning Board shall hear such persons as wish to be heard and shall take minutes of the meeting.

(d) After a hearing on an appeal the Planning Board shall make its decision on the appeal and shall within fifteen (15) days serve a copy of its decision on the appellant and on the Tribal Council.



General. The Planning Board shall have the power to grant Special Permits for uses which otherwise would not be permitted under this Ordinance. However, the Planning Board shall not grant a Special Permit unless they find the following facts:

(a) That there are special circumstances or conditions affecting the land, building, or use referred to in the application for the variance; and

(b) That granting the Special Permit will not be materially detrimental to the public welfare or injurious to property on the area adjacent to the property for which the variance is sought; and

(c) That granting the Special Permit will maintain the spirit and intent of this ordinance, and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone.


Conditions. The Planning Board, in granting a Special Permit, may impose conditions to insure compliance and to protect adjacent property. Such conditions may include but shall not be limited to a limited duration; periodic review of the Special Permit and conditions; and restrictions upon the operation of the use for which the Special Permit is issued.


Applications. An application for a Special Permit shall be made to the Planning Board and shall be filed with the Zoning Administrator together with a fee of $20.00. Upon receipt of an application for a Special Permit the procedures set forth in sections 37.8.3(b) through (d) shall apply.


Resubmission. No application for a Special Permit which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Board.


Transferability. The Planning Board may order that a Special Permit may be transferable, non-transferable, or transferable only upon a specified showing of fact; however, if the Boards order does not specifically refer to transferability, the Special Permit shall be non--transferable.


Tribal Council may review and revise or reverse any decision of the Planning Board. In reviewing such decisions the Tribal Council may conduct such hearings in such manner as it may deem advisable, and shall prescribe what notice, if any, shall be given of such hearings; provided, however, that the Council shall conduct any review within sixty (60) days after receipt by it of the notice of appeal and the decision of the Planning Board.\