(b) Quasi-Judicial Actions

In considering rezone permit applications, the Business Council acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in the Subchapters on Permits and Final Plat Approval; Appeals, Variances, Interpretations; and Hearing Procedures for Appeals and Applications under this Chapter.

(c) Legislative Actions

In considering proposed changes in the text of this Chapter, or in the zoning map, the Colville Business Council acts in its legislative capacity and shall proceed only after holding a public hearing after which it can deliberate on the facts and policy considerations involved in the proposed amendment.

(d) General Council Rules Applicable

Unless otherwise specifically provided in this Chapter, in acting upon rezone requests or in considering amendments to this Chapter or the zoning map, the Colville Business Council shall follow the regular, voting, and other requirements as set forth in other provisions of the Colville Tribal Code, the Colville Tribal Constitution, or general law.

PERMITS AND FINAL PLAT APPROVAL

4-3-110 PERMITS REQUIRED

(a) The use made of any property may not be substantially changed; substantial clearing, grading, or excavation may not be commenced; and, buildings and other substantial structures may not be constructed, erected, moved or substantially altered except in accordance with and pursuant to one of the following permits:

1. A zoning permit issued by the Administrator.

2. A conditional-use permit issued by the Review Board.

3. A special-use permit issued by the Review Board upon approval of the Colville Business Council.

(b) Zoning permits, conditional-use permits and special-use permits are issued under this Subchapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this Chapter if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as provided in section 4-3-127 all development shall occur strictly in accordance with such approved plans and applications.

(c) Physical improvements to lands to be subdivided may not be commenced except in accordance with a conditional-use permit issued by the Board for major subdivisions or after final plat approval by the Planning Director for minor subdivisions. (See section 4-3-135).

(d) A zoning permit, conditional-use permit, or special-use permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.

4-3-111 NO OCCUPANCY, USE, OR SALE OF LOTS UNTIL REQUIREMENTS FULFILLED

Issuance of a conditional use, or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit under Chapter 4-10) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in sections 4-3-117, 4-3-124, and 4-3-125, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this Chapter and all additional requirements imposed pursuant to the issuance of a conditional-use or special-use permit have been complied with.

4-3-112 WHO MAY SUBMIT PERMIT APPLICATIONS

(a) Applications for zoning, conditional-use, or special-use permits, or minor subdivision plat approval will be accepted only from persons who have the legal authority to take action in accordance with the permit or the minor subdivision plat approval. By way of illustration, in general, this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Subchapter, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees).

(b) The Administrator may require an applicant to submit evidence of his authority to submit the applications in accordance with subsection (a) whenever there appears to be a reasonable basis for questioning this authority.

4-3-113 APPLICATIONS TO BE COMPLETE

(a) All applications for zoning, conditional-use, or special-use permits must be complete before the permit-issuing authority is required to consider the application.

(b) Subject to subsection (c), an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Chapter.

(c) A presumption established by this Subchapter is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of a particular case. The Administrator shall determine whether more or less information than set forth in Appendix A should be submitted.

(d) The Administrator shall develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and types of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Administrator to determine compliance with this Chapter, such as applications for zoning permits to construct single family or two-family houses, the Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

4-3-114 STAFF CONSULTATION BEFORE FORMAL APPLICATION

(a) To minimize development planning costs, avoid misunderstanding or misinterpretation and ensure compliance with the requirements of this Chapter, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this section.

(b) Before submitting application for a conditional-use permit authorizing a development that consists of, or contains a major subdivision, the developer shall submit to the Administrator a sketched plan of such subdivision, drawn approximately to scale, (1" equals 100'). The sketch plan shall contain:

1. The name and address of the developer,

2. The proposed name and location of the subdivision,

3. The approximate total of acreage of the proposed subdivision,

4. The tentative street and lot arrangement,

5. Topographical lines and,

6. Any other information that the developer believes necessary to obtain the informal opinion of the Planning staff as to the proposed subdivision's compliance with this Chapter. The Administrator shall meet with the developer as soon as conveniently possible to review the sketched plan.

(c) Before submitting an application for any other permit, developers are strongly encouraged to consult with the Planning staff concerning the application of this Chapter to the proposed development.

4-3-115 STAFF CONSULTATION AFTER APPLICATION SUBMITTED

(a) Upon receipt of a formal application for a zoning, special-use, or a conditional-use permit, or minor plat approval, the Administrator shall review the application and confer with the applicant to insure that he understands the planning staff's interpretation of the applicable requirements of this Subchapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.

(b) If the application is for a special-use or conditional-use permit, the Administrator shall place the application on the agenda of the Land Use Review Board when the applicant indicates that the application is as complete as he intends to make it. However, as provided in sections 4-3-119(a) and 4-3-120(b), if the Administrator believes that the application is incomplete, he shall recommend to the Board that the application be denied on that basis.

4-3-116 ZONING PERMITS

(a) A completed application form for a zoning permit shall be submitted to the Administrator by filing a copy of the application with the Administrator at the Planning Department.

(b) The Administrator shall issue the zoning permit unless he finds after reviewing the application and consulting with the applicant as provided in section 4-3-114 that;

1. The requested permit is not within his authority to issue according to the table of permissible uses, or

2. The application is incomplete, or

3. If completed as proposed in the application, the development will not comply with one or more requirements of this Chapter.

(c) If the Administrator determines that development for which a zoning permit is requested will have, or may have, substantial impact on surrounding properties, he shall, at least ten days before taking final action on the permit request, send a written notice to those persons whose property is adjacent to the lot that is the subject of the application, informing them that:

1. An application has been filed for a permit authorizing the identified property to be used in a specified way,

2. All persons wishing to comment on the application should contact the Administrator by a certain date, and

3. Persons wishing to be informed of the outcome of the application should send a written request for such notification to the Administrator.

4-3-117 AUTHORIZING USE OR OCCUPANCY BEFORE COMPLETION OF DEVELOPMENT UNDER ZONING PERMIT

In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this Chapter prior to commencing the intended use of the property or occupying any buildings, the Administrator may authorize the commencement of the intended use or occupying any building (insofar as the requirements of this Chapter are concerned), if the permit recipient provides a performance bond or other security satisfactory to the Administrator to ensure that all of the requirements of this Chapter will be fulfilled within a reasonable period (not to exceed 12 months) determined by the Administrator.

4-3-118 SPECIAL-USE PERMITS AND CONDITIONAL-USE PERMIT

(a) An application for a special-use permit under the Subchapter on Special Property Uses under this Chapter shall be submitted to the Review Board by filing a copy of the application the Administrator at the Planning Department.

(b) An application for a conditional-use permit under the Subchapter on Special Property Uses under this Chapter shall be submitted to the Planning Director by filing a copy with the Administrator at the Planning Department. The Planning Director shall issue the requested permit unless it concludes that:

1. The reqeusteds permit is not within his authority to issue according to the table of permissiable uses, or

2. The application is incomplete, or

3. If completed as proposed in the application, the development will not comply with one or more requirements of this Title, or

4. The Planning Director makes a finding, based on information contained in the completed application, that the proposed development has the potential to: (A) significantly adversely affect the environment, or (B) significantly adversely affect cultural resources. After making such a finding, the Planning Director shall refer the aplication to the Land Use Review Board for processing.

(c) After receiving an application for a Special Use Permit or a Conditional Use Permit pursuant to 4-3-118(b)4, the Review Board shall conduct a hearing to determine whether the application complies with all other provisions of this Title. If, after hearing, the Review Board determines that the application is compelete and the application complies with all other provisions of this title, the Review Board may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

(1) Will materially endanger the public health or safety, or

(2) Will substantially injure the value of an adjoining or abutting property, or

(3) Will not be in harmoney with the area in which it is to be located, or

(4) Will not be in general conformity with the land use plan, or other plan officially adopted by the Colville Business Council, or

(5) Will significantly adversely affect the environment, or

(6) Will significantly adversely affect cultural resources.

(Amended 5/8/96, Resolution of 1996-155)

4-3-119 REVIEW BOARD HEARINGS; BURDEN OF PRESENTING EVIDENCE; BURDEN OF PERSUASION

The following procedures shall apply to hearings on Special Use permits, and Conditional Use permits which have been referred to the Review Board by the Planning Director:

(a) The burden of presenting a complete application (as described in section 4-3-113) to the Administrator shall be upon the applicant. However, unless the Review Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.

(b) Once a completed application has been submitted, the burden of presenting evidence to the Review Board sufficient to lead it to conclude that the application should be denied for any reason stated in the sub-section 4-3-118(c), shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.

(c) Burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this Chapter remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in sub-section 4-3-118(c) rests on the party or parties urging that the requested permit should be denied.

(Amended 5/8/96, Resolution 1996-155)

4-3-120 RECOMMENDATIONS BY THE ADMINISTRATOR ON SPECIAL-USE AND CONDITIONAL-USE PERMIT APPLICATIONS

(a) When presented to the Review Board at the hearing, the application for conditional-use or special-use permit shall be accompanied by a report setting forth the planning staffs' proposed findings concerning the application's compliance with section 4-3-113 (application to be complete) and the other requirements of this Chapter, as well as any staff recommendations for additional requirements to be imposed by the Review Board.

(b) If the Administrator proposes the finding or conclusion that the application fails to comply with section 4-3-113 or any other requirement of this Chapter, he shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusion.

(c) The Review Board shall consider the application and the attached staff report in a timely fashion, and may, in its discretion, hear from the applicant or members of the public.

(d) In response to the Administrator's recommendations, the applicant may modify his application prior to the submission to the Review Board. The Administrator may likewise revise his recommendations.

4-3-121 APPROVAL OF SPECIAL-USE AND CONDITIONAL-USE PERMITS

In considering whether to approve an application for a Special Use Permit, or a Conditional-Use Permit which has beem referred to the Review Board by the Planning Director pursuant to 4-3-118(b)4, the Review Board shall proceed according to the following format:

(a) The Administrator shall consider whether the application is complete. If the Administrator concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. The Administrator shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. The Administrator's decision is final unless the Applicant requests Board review under section 4-3-170.

(b) The Review Board shall consider whether the application complies with all of the applicable requirements of this Chapter. If the Board finds that the application is not in compliance with one or more of the requirements of this Chapter, it shall specify the particular requirements the application fails to meet. As provided in sub-section 4-3-118(c), if the Board concludes that the application fails to meet one or more of the requirements of this Chapter, the application shall be denied.

(c) If the Review Board concludes that all such requirements are met, it shall issue the permit unless it determines the application should be denied for one or more of the reasons set forth in sub-section 4-3-118(c). The Board shall prepare specific findings, based upon the evidence submitted, justifying such a conclusion.

(Ammended 5/8/96, Resolution 1996-155)

4-3-122 ADDITIONAL REQUIREMENTS ON SPECIAL-USE AND CONDITIONAL-USE PERMITS

(a) Subject to sub-section (b), in granting a permit, the Planning Director or the Review Board in the case of Special Use permits or Conditional Use permits referred to the review board pursuant to 4-3-118(b)4, may attach to the permit such reasonable requirements in addition to those specified in this Chapter as will ensure that the development in its proposed location;

1. Will not endanger the public health or safety,

2. Will not injure the value of adjoining or abutting property,

3. Will be in harmony with the area in which it is located,

4. Will be in conformity with the land-use plan, comprehensive plan, or other plan officially adopted by the Business Council.

5. Will not significantly adversely affect the environment.

6. Will not significantly adversely affect cultural resources.

(b) The Review Board or the Planning Director may not attach additional conditions that modify or alter the specific requirements set forth in this Chapter unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

(c) Without limiting the foregoing, the Planning Director or the Review Board may attach to a permit a condition limiting the permit to a specified duration.

(d) All additional conditions or requirements shall be entered on the permit.

(e) All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Chapter.

(f) A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in sub-sections 4-3-118(c).

COUNCIL REVIEW AND APPROVAL OF SPECIAL USE PERMIT

4-3-123 BUSINESS COUNCIL ACTION AFTER REVIEW BOARD DETERMINATION ON SPECIAL-USE PERMIT APPLICATION

(a) After its final determination to either grant or disapprove a special-use permit in accordance with sections 4-3-118 to 4-3-122 the Chairman of the Review Board shall place the case on the agenda of the next available council session and serve the Chairman of the Planning Committee with the record of the Board's decision.

(b) The Business Council shall review the record and the Review Board's determination and uphold, reverse, or modify the Board's decision or remand the case to it for further action.

(c) The Business Council may in its discretion allow the parties to submit written and oral arguments supporting or opposing the Review Board's determination to assist it in making a final decision.

4-3-124 AUTHORIZING USE, OCCUPANCY OR SALE BEFORE COMPLETION OF DEVELOPMENT UNDER SPECIAL-USE OR CONDITIONAL-USE PERMITS

(a) In cases when, because of weather conditions or other factors beyond the control of the special-use, or conditional-use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this Chapter before commencing the intended use of the property or occupying the buildings or selling lots in a subdivision, the Planning Director may authorize the commencement of the intended use of the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this Chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the body to insure that all of these requirements will be fulfilled within a reasonable period (not to exceed twelve months).

(b) When the Review Board imposes additional requirements on the permit recipient in accordance with section 4-3-122 or when the developer proposes in the plan submitted to install amenities beyond those required by this Chapter, the Planning Director may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if he specifies a date by which, or a schedule according to which such requirements must be met or each amenity installed and if he concludes that compliance will be ensured as a result of any one or more of the following:

1. A performance bond or other security satisfactory to the Board is furnished,

2. A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when the application for renewal is made,

3. The nature of the requirements or amenities are such that sufficient assurance of compliance is given by section 4-3-253 and section 4-3-254.

(c) With respect to subdivisions in which the developer is selling only undeveloped lots, the Business Council may authorize final plat approval and the sale of lots before the requirements of this Chapter are fulfilled if the subdivider provides a performance bond or other securities satisfactory to the Business Council to ensure that all these requirements will be fulfilled within not more than twelve months after final plat approval.

4-3-125 COMPLETING DEVELOPMENTS IN PHASES

(a) If a development is constructed in phases or stages in accordance with this section, then, subject to sub-section (c), the provisions of section 4-3-111 and section 4-3-124 shall apply to each phase as if it were the entire development.

(b) As a prerequisite to taking advantage of the provisions of sub-section (a), the developer shall submit plans that clearly show the phases or stages of the proposed development and the requirements of this Chapter that will be satisfied with respect to each phase or stage.

(c) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or a tennis court in a residential development) then, as part of the application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that;

1. If the improvement is one required by this Chapter then the developer may utilize the provisions of sub-sections 4-3-124(a) or (c).

2. If the improvement is an amenity not required by this Chapter or is provided in response to a condition imposed by the Review Board or Business Council, then the developer may utilize the provisions of sub-section 4-3-124(b).

4-3-126 EXPIRATION OF PERMITS

(a) Zoning, conditional-use, and special-use permits shall expire automatically if, within one year after the issuance of such.

1. The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use or;

2. Less than 10% of the total cost of construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permit has been completed on the site. With respect to phased development (section 4-3-125), this requirement shall apply only to the first phase.

(b) If, after some physical alterations to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of section 4-3-127.

(c) The Administrator may extend for a period up to six months, the date when a permit would otherwise expire pursuant to sub-sections (a) or (b), if he concludes that (i) the permit has not yet expired, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods of up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

(d) For purposes of this section, the conditional use permit is issued when the Review Board votes to approve the application and issue the permit and the special use permit is issued when the Business Council votes to approve the Board action. A permit within the jurisdiction of the Administrator is issued when the earlier of the following takes place:

1. A copy of the fully executed permit is delivered to the permit recipient and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant; or

2. The Administrator notifies the permit applicant that the application has been approved and all that remains before a fully executed permit can be delivered is for the applicant to take specified actions, such as having the permit executed by the property owner so it can be recorded.

4-3-127 EFFECT OF PERMIT ON SUCCESSORS AND ASSIGNS

(a) Zoning, conditional-use, and special-use permits authorize the permittee to make use of land and structures in a particular way. Permits are transferrable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

1. No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit, and

2. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in subsection (b)) of the existence of the permit at the time they acquired their interest.

(b) Whenever a zoning, special-use, or conditional-use permit is issued to authorize development (other than single or two-family residences) on a tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgement that the permit has been issued so that the permit may be recorded in the county in which the land is located if it is fee land or in the Office of Land and Titles, Portland Area Office if the land is in trust or restricted fee status and indexed under the record owners name as grantor.

4-3-128 AMENDMENTS TO AND MODIFICATIONS OF PERMITS

(a) Insignificant deviations from the permit (including approved plans) issued by the Review Board or the Administrator are permissible and the Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on-site, on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(b) Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the Administrator. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on-site, on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(c) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Review Board, new conditions may be imposed in accordance with section 4-3-122 but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

(d) The Administrator shall determine whether amendments and modifications of permits fall within the categories set forth above in subsections (a), (b), and (c).

(e) A developer requesting approval of changes shall submit a written request for such approval to the Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

4-3-129 RECONSIDERATION OF BOARD ACTION

(a) Whenever the Review Board disapproves a conditional-use permit application, an application for a special-use permit (unless remanded by the Business Council under section 4-3-123) or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not reconsidered by the Board at a later time unless the applicant clearly demonstrates that:

1. Circumstances affecting the property that is the subject of the application have substantially changed or;

2. New information is available that could not with reasonable diligence have been presented at the previous hearing. A request to be heard on this basis must be filed with the Administrator within twenty (20) days. However, such a request does not extend the period within which an appeal must be taken.

(b) Notwithstanding subsection (a), the Administrator or the Review Board may at any time consider a new application affecting the same property on an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

4-3-130 APPLICATIONS TO BE PROCESSED EXPEDITIOUSLY

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the Colville Tribes shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to requirements of this Chapter.

4-3-131 MAINTENANCE OF COMMON AREAS, IMPROVEMENTS, AND FACILITIES

The recipient of any zoning, conditional-use, or special-use permit, or his successor shall be responsible for maintaining all common areas, improvements or facilities required by this Chapter or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

MAJOR AND MINOR SUBDIVISIONS

4-3-132 REGULATION OF SUBDIVISIONS

Major subdivisions are subject to a 2-step approval process. Physical improvements to the land to be subdivided are authorized by a conditional-use permit as provided in section 4-3-118, and sale of lots is permitted after final approval as provided in section 4-3-135. Minor subdivisions only require 1-step approval process; final plat approval in accordance with section 4-3-134.

4-3-133 NO SUBDIVISION WITHOUT PLAN APPROVAL

(a) No person may subdivide his land except in accordance with all of the provisions of this Subchapter. In particular, no person may subdivide his land unless and until a final plat of the subdivision has been approved in accordance with the provisions of 4-3-134 or 4-3-135 and recorded in the county in which the land is located if it is fee land, and (if the land is in trust or restricted fee status) with the Bureau of Indian Affairs, Portland Area Title Office as well.

(b) The applicable recording office may not record a plat of any subdivision within the Colville Tribes' planning jurisdiction unless the plat has been approved in accordance with the provisions of this Chapter.

4-3-134 MINOR SUBDIVISION APPROVAL

(a) The Planning Director shall approve or disapprove minor subdivision final plats in accordance with the provisions of this section.

(b) An applicant for minor subdivision plat approval, before complying with subsection (c), shall submit a sketch plan to the Planning Director for a determination of whether the approval process authorized by this section can be and should be utilized. The Planning Director may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years.

(c) Applicants for minor subdivision approval shall submit to the Planning Director a copy of the plat conforming to the requirements in subsections 4-3-135(b) and (c) (as well as two prints of each plat), except that a minor subdivision plat shall contain the following certificates in lieu of those required in section 4-3-136.

1. Certificate of Ownership

I, hereby certify that I am the owner of the property described hereon, which property is within the subdivision regulation jurisdiction of the Confederated Tribes of the Colville Reservation, and I freely adopt this plan of subdivision.

____ , _____
Date , Owner

2. Certificate of Approval

I hereby certify that the minor subdivision shown on this plat does not involve the creation of new public streets or any change in any existing public streets, that the subdivision shown is in all respects in compliance with Chapter 4-3 of the Colville Tribal Code, and that therefore this plat has been approved by the Planning Director, subject to its being recorded as provided in subsection 4-3-133(a) within 60 days of the date below.
____ , _____________
Date , Planning Director

3. A certificate of survey and accuracy, in the form stated in subsection 4-3-136(c).

(d) The Planning Director shall take expeditious action on an application for minor subdivision plat approval as provided in section 4-3-130. However, either the Planning Director or the applicant may at any time refer the application to the major subdivision approval process.

(e) Not more than a total of three lots may be created out of one tract using the minor subdivision plat approval process, regardless of whether the lots are created at one time or over an extended period of time.

(f) Subject to subsection (d), the Planning Director shall approve the subdivision unless the subdivision is not a minor subdivision as defined in the Subchapter on Definitions under this Chapter or the application or the proposed subdivision fails to comply with subsection (e) or any other applicable requirement of this Subchapter.

(g) If the subdivision is disapproved, the Planning Director shall promptly furnish the applicant with a written statement of the reasons for disapproval.

(h) Approval of any plat is contingent upon the plat being recorded within 60 days after the date the certificate of approval is signed by the Planning Director or his designee.

4-3-135 MAJOR SUBDIVISION APPROVAL PROCESS

(a) The Planning Director shall approve or disapprove major subdivision final plats in accordance with the provisions of this section.

(b) The applicant for major subdivision plat approval shall submit to the Administrator a final plat, drawn in waterproof ink on a sheet made of material that will be acceptable to the auditor's office of the county in which the property is located or the Portland Area BIA Title Office for recording purposes, and having the dimensions as follows:

When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at 1" equals not more than 100'. The applicant shall also submit two prints of the plant.

(c) In addition to the appropriate endorsements, as provided in section 4-3-136, the final plant shall contain the following information:

1. The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the applicable recordation office,

2. The name of the subdivision owner or owners,

3. The township, county, and state where the subdivision is located, and its status as trust or fee land

4. The name of the surveyor and his/her registration number and the date of the survey,

5. The scale according to which the plat is drawn in feet per inch or scale ratio in words and figures in bar graph, and

6. All of the additional information required by regulations adopted by the Planning Department and approved by the Business Council.

(d) The Planning Director shall approve the proposed plat unless he finds that the plat or the proposed subdivision fails to comply with one or more of the requirements of this Chapter or that the final plat differs substantially from the plans or specifications approved in conjunction with the conditional-use permit that authorized the development of the subdivision.

(e) If the final plat is disapproved by the Planning Director the applicant shall be furnished with the written statement of the reasons for the disapproval.

(f) Approval of final plat is contingent upon the plat being recorded within 60 days after the approval certificate is signed by the Director or his designee.

4-3-136 ENDORSEMENTS ON MAJOR SUBDIVISION PLATS

All major subdivision plats shall contain endorsements listed in subsections (a), (b), (c), and (d) herein.

(a) Certificate of Approval

I hereby certify that all streets shown on this plat are within the Confederated Tribes of the Colville Reservation planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or their installation or completion (within 12 months after the date below) has been assured by the posting of a performance bond or other sufficient surety, and that the subdivision shown on this plat is in all respects in compliance with Chapter 4-3 of the Colville Tribal Code, and therefore this plat has been approved by the planning director, subject to its being recorded in the County Auditor's office within 60 days of the date below.

(b) Certificate of Ownership and Dedication

I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of the Confederated Tribes of the Colville Reservation, that I hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Colville Business Council in the public interest.

(c) Certificate of Survey and Accuracy

I hereby certify that this map (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (a deed description recorded in Book ____, Page ____, Records of _______ (other); that the error of closure as calculated by latitudes and departures is 1: ____ ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book ____, Page ____, and that this map was prepared in accordance with [statutory citation]. Witness my original signature, registration number and seal this ____ day of ____, 19____.

(d) Road Department Engineer Certificate

I hereby certify that the public streets shown on this plat have been completed, or that a performance bond or other sufficient surety has been posted to guarantee their completion, in accordance with at least the minimum specifications and standards of the BIA Roads Department for acceptance of subdivision streets on the BIA road/state highway system for maintenance.

4-3-137 PLAT APPROVAL NOT ACCEPTANCE OF DEDICATION OFFERS

Approval of a plat does not constitute acceptance by the Colville Tribes of the offer of dedication of any streets, sidewalks, parks, or other public facilities shown on a plat. However, the Tribes may accept any such offer of dedication by resolution of the Business Council or by actually exercising control over and maintaining such facilities.

4-3-138 PROTECTION AGAINST DEFECTS

(a) Whenever occupancy, use or sale is allowed under section 4-3-124 before the completion of all facilities or improvements intended for dedication, then the performance bond or the surety that is required to be posted shall guarantee that any defects in such improvements or facilities that appear within one year after the dedication of such facilities or improvements is accepted shall be corrected by the developer.

(b) Whenever all public facilities or improvements intended for dedication are installed before occupancy, use or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that he will correct all defects in such facilities or improvements that occur within one year after the offer of dedication of such facilities or improvements is accepted.

(c) An architect or engineer retained by the developer shall certify to the Tribes that all facilities and improvements to be dedicated have been constructed in accordance with the requirements of this Chapter. This certification shall be a condition precedent to acceptance by the Colville Tribes of the offer of dedication of such facilities or improvements.

(d) For purposes of this section, the term "defects" refers to any condition in publicly dedicated facilities or improvements that requires the Colville Tribes to make repairs in such facilities over and above the normal amount of maintenance that they would require. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this Chapter.

4-3-139 MAINTENANCE OF DEDICATED AREAS UNTIL ACCEPTANCE

As provided in section 4-3-131, all facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer is accepted by the appropriate public authority.

4-3-140 BUILDING, SEPTIC TANK, WATER, OR OTHER PERMITS NOT TO BE ISSUED FOR LAND DIVIDED IN VIOLATION OF THIS CHAPTER

No building permit under Chapter 4-10 septic tank permit under Chapter 4-5, water or other permit shall be issued for any lot, tract or parcel of land divided in violation of this Chapter. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers or transferee of property shall comply with the provisions of this Chapter and each purchaser or transferee may recover damages from any person, firm, corporation, or agent selling or transferring land in violation of this Chapter, including any amount reasonably spent to conform to the requirements of this Chapter as well as cost of investigation, suit, and reasonable attorney's fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements rescind the sale or transfer and recover costs of investigation, suit and reasonable attorney's fees occasioned thereby.

APPEALS, VARIANCES, INTERPRETATIONS

4-3-170 APPEALS

(a) An appeal from any final order or decision of the Administrator or the Planning Director may be taken to the Review Board by any person aggrieved. An appeal is taken by filing with the Administrator and the Review Board a written notice of appeal specifying the ground therefor. A notice of appeal shall be considered filed with the Administrator and the Review Board when delivered to the Planning Department, and the date and time of filing shall be entered on the notice by the planning staff.

(b) An appeal must be taken within 30 days after the date of the decision or order appealed from.

(c) Whenever an appeal is filed, the Administrator shall forthwith transmit to the Review Board all the papers constituting the record relating to the action appealed from.

(d) An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision appealed from, unless the Administrator certifies to the Review Board that (because of the facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, the proceeding shall not be stayed except by order of the Review Board or the Tribal Court, issued on application of the party seeking the stay, on due cause shown, after notice to the Administrator.

(e) The Review Board may reverse or affirm (wholly or partly) or may modify the order, requirements or decision or determination appealed from and shall make any order, requirement, or decision or determination that in its opinion ought to be made in the case before it. To this end, the Review Board shall have all the powers of the officer from whom the appeal is taken.

4-3-171 VARIANCES

(a) An application for a variance shall be submitted to the Review Board by filing a copy of the application with the Administrator in the Planning Department. Application shall be handled in the same manner as applications for special-use permits, in conformity with the provisions of sections 4-3-112, 4-3-113, and, 4-3-120.

(b) A variance may be granted by the Review Board if it concludes that strict enforcement of this Chapter would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of this Chapter will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that:

1. If the applicant complies strictly with the provisions of this Chapter, he/she can make no use of his property,

2. The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors, or the general public,

3. The hardship relates to the applicant's land, rather than personal circumstances,

4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties,

5. The hardship is not the result of the applicant's own actions,

6. The variance does not significantly adversely affect the environment,

7. The variance does not significantly adversely affect cultural resources,

8. The variance does not conflict with shorelines management regulations, and

9. The variance will neither result in the extension of a non-conformity in violation of the Subchapter on Non-Conformities under this Chapter nor authorize the initiation of a nonconforming use of land.

(c) In granting variances, the Review Board may impose such reasonable conditions that will ensure that the use of the property to which the variance applies will be as compatible as practical with the surrounding properties.

(d) A variance may be issued for an indefinite duration or for a specified duration only.

(e) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this Chapter.

4-3-172 INTERPRETATIONS

(a) The Review Board is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Administrator, they shall be handled as provided in section 4-3-170.

(b) An application for a map interpretation shall be initiated by filing a copy of the application with the Administrator in the Planning Department. The application shall contain sufficient information to enable the Administrator to make the necessary interpretation.

4-3-173 REQUESTS TO BE HEARD EXPEDITIOUSLY

As provided in section 4-3-130, the Review Board shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with the Subchapter on Hearing Procedures for Appeals and Applications under this Chapter and obtain the necessary information to make sound decisions.

4-3-174 BURDEN OF PROOF IN APPEALS AND VARIANCES

(a) When an appeal is taken to the Review Board in accordance with section 4-3-170, the Administrator shall have the initial burden of presenting to the Review Board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and arguments to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

(b) The burden of presenting evidence sufficient to allow the Review Board to reach the conclusions set forth in subsection 4-3-171(b), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

4-3-175 REVIEW BOARD ACTIONS ON APPEALS AND VARIANCES

(a) With respect to appeals, the Board's determination to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the Board's decision. If a motion to reverse or modify is not made, then a motion to uphold the decision appealed shall be in order.

(b) Before granting a variance, the Board must take a separate vote and vote affirmatively on each of the nine required findings stated in subsection 4-3-171(b). Insofar as practicable, when the Board makes an affirmative finding on each of the enumerated requirements it shall include a statement of the specific reasons or findings of facts supporting each such finding.

(c) The Board may deny a variance on the basis that any one or more of the nine criteria set forth in subsection 4-3-171(b) are not satisfied or that the application is incomplete. Insofar as practicable, such a denial shall include a statement of the specific reasons or findings of fact that support it.

HEARING PROCEDURES FOR APPEALS AND APPLICATIONS

4-3-210 HEARING REQUIRED ON APPEALS AND APPLICATION

(a) Before making a decision on an appeal or application for a variance, special-use permit or conditional-use permit, or a petition from the planning staff to revoke a special-use permit or conditional-use permit, the Review Board shall hold a hearing on the appeal or application. At least one member of the Review Board shall preside over the hearing, except that the Review Board may designate a hearing officer to conduct the hearing in lieu of a Board member.

(b) Subject to subsection (c), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

(c) The Review Board may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delays.

(d) The Review Board may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point the final decision is made. No further notice of the continued hearing need be published unless a period of six weeks or more elapses between hearing dates.

4-3-211 NOTICE OF HEARING

The Administrator shall give notice of any hearing required by section 4-3-210 as follows:

1. Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing to such person a written notice not later than ten days before the hearing.

2. Notice shall be given to adjacent property owners by mailing a written notice no later than ten days before the hearing to those persons whose property is adjacent (as that term is defined in the Subchapter on Definitions under this Chapter) to the lot that is the subject of the application or appeal. Notice shall also be given by prominently posting signs in the vicinity of the property that is the subject of the proposed action. Such signs shall be posted not less than seven days prior to the hearing.

3. In the case of conditional-use or special-use permits, notice shall be given to other potential interested persons by publishing a notice one time in a newspaper having general circulation in the area not less than seven nor more than thirty days prior to the hearing.

4. The notice required by this section shall state the dates, time, and place of the hearing, reasonably identifying the property that is the subject of the application or appeal, and give a brief description of the action requested or proposed.

4-3-212 EVIDENCE

(a) The provisions of this section apply to all hearings for which a notice is required by section 4-3-210.

(b) All persons who intend to present evidence to the Review Board, rather than arguments only, shall be sworn.

(c) All findings and conclusions necessary to the issuance or denial of the requested permits or appeal shall be based on reliable evidence. Evidence admissible in a court of law shall be preferred whenever reasonably available.

4-3-213 MODIFICATION OF APPLICATION AT HEARING

(a) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Review Board, the applicant may agree to modify his application including the plans and specifications submitted.

(b) Unless such modifications are so substantial or extensive that the Board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the modification are submitted to the planning staff.

4-3-214 RECORDS

(a) A tape recording shall be made of all hearings required by section 4-3-210, and such recording shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made.

(b) Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the Colville Tribes for at least two years.

4-3-215 WRITTEN DECISION

(a) Any decision made by the Review Board regarding an appeal or variance or issuance or revocation of a conditional-use permit or a special-use permit shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy.

(b) In addition to a statement of the Review Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusion, as well as supporting reasons or facts, whenever this Chapter requires the same as a prerequisite to taking action.

ENFORCEMENT AND REVIEW

4-3-250 COMPLAINTS REGARDING VIOLATIONS

Whenever the Administrator receives a written, signed complaint alleging a violation of this Chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

4-3-251 PERSONS RESPONSIBLE

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Chapter may be held responsible for the violation and be subject to the penalties and the remedies herein provided.

4-3-252 PROCEDURES UPON DISCOVERY OF VIOLATIONS

(a) If the Administrator finds that any provision of this Chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.

(b) The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Review Board in accordance with section 4-3-170.

(c) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Chapter or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section 4-3-253

4-3-253 PENALTIES AND REMEDIES FOR VIOLATIONS

(a) Any act constituting a violation of the provisions of this Chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances, conditional or special-use permits, shall subject the offender to a civil penalty of $100.00 per day. If the offender fails to pay this penalty within 30 days after being cited for a violation, the penalty may be recovered by the Confederated Tribes of the Colville Reservation in a civil action in the nature of debt. The Reservation Attorney, upon request of the Planning Department, shall bring a civil action in the Colville Tribal Court to recover such debt. A civil penalty may not be appealed to the Review Board if the offender was sent a final notice of violation in accordance with section 4-3-252 and did not take an appeal to the Review Board as provided in section 4-3-170.

(b) This Chapter may also be enforced by any appropriate equitable action.

(c) Each day that any violation continues after notification by the Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(d) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this Chapter.

4-3-254 PERMIT REVOCATION

(a) A zoning, conditional-use or special-use permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Chapter, or any additional requirements lawfully imposed by the permit.

(b) Before a conditional-use or special-use permit may be revoked, all of the notice, hearing and other requirements of the Subchapter on Hearing Procedures for Appeals and Applications under this Chapter shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

1. The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) shall be upon the party advocating that position. The burden of persuasion shall also be on that party.

2. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

(c) Before a zoning permit may be revoked, the Administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide the permittee a written statement of the decision and the reasons therefor.

(d) No person may continue to make use of land or buildings in the manner authorized by any zoning, special-use or conditional-use permit after such permit has been revoked in accordance with this section.

4-3-255 EXHAUSTION OF ADMINISTRATIVE REMEDIES

Any decision or order of the Planning Department that is reviewable by the Review Board under section 4-3-170 shall not be considered a final order or decision subject to judicial review. Exhaustion of all available administrative remedies including any administrative appellate review is a jurisdictional requirement to judicial review.

4-3-256 JUDICIAL REVIEW

Every decision of the Colville Business Council granting or denying a rezone application or special-use permit and every final order decision or action of the Review Board shall be subject to review by the Colville Tribal Court upon the filing of a timely petition of review pursuant to the procedures set forth in section 2-4-19 of the Colville Administrative Procedure Act.

The petition for review shall briefly set forth that portion of the decision appealed from; the statutory reference(s) relied upon to support the relief requested; and, which standard of review set forth in section 2-4-19(7) provides the basis for the petition.

NON-CONFORMITIES

4-3-290 PURPOSE

It is the purpose of this Subchapter to provide for the regulation of legally nonconforming structures, lots of record, uses, and to specify those circumstances and conditions under which such non-conformities shall be permitted to continue. It is necessary and consistent with the requirements prescribed by this Chapter that those non-conformities which adversely affect orderly development and the value of nearby property not be permitted to continue without restriction. Such non-conformities are declared to be incompatible with permitted uses in the zones in which they are located.

With limited exceptions, the regulations of this section permit such non-conformities to continue without specific limitation of time but are intended to restrict further investments which would make them more permanent.

The burden of establishing that any non-conformity is a legal non-conformity is upon the owner of such non-conformity and not upon the Colville Tribes.

4-3-291 DEFINITIONS

(a) A Legal Non-conformity is any land use, structure, lot of record, or sign legally established prior to the effective date of this Chapter or subsequent amendment to it which would not be permitted by or is not in full compliance with the requirements of this Chapter.

(b) A Nonconforming Use is an activity using land, buildings, signs, and/or structure for purposes which were legally established prior to the effective date of this Chapter or subsequent amendment to it and which would not be permitted to be established as a new use in a zone in which it is located by the regulations of this Chapter.

(c) A Nonconforming Structure is any building or structure, other than a sign, legally established prior to the effective date of this Chapter or subsequent amendment to it.

(d) A Nonconforming Lot of Record is any validly recorded lot which at the time it was recorded fully complied with all applicable laws and titles but which does not fully comply with the lot requirements of this Chapter concerning minimum area or minimum lot width.

4-3-292 NONCONFORMING LOTS OF RECORD

(a) Any parcel of land or portion thereof which is to be dedicated to a public or semi-public entity for a road, canal, railroad, utility or other public use shall be exempt from the minimum lot size requirements set forth by this Chapter.

(b) Any lot which is smaller than the minimum area required in any zone may be occupied by an allowed use in that zone provided that:

1. The lot was a lot in a duly platted and recorded subdivision on or before the date of this Chapter, or was a parcel created by an approved land partitioning prior to such date.

2. The use conforms to all other requirements of that zone.

3. If there is an area deficiency, residential use shall be limited to a single dwelling unit.

4. Approval of the Planning Department is obtained as applicable.

4-3-293 NONCONFORMING USES OF LAND

Where at the effective date of the adoption of this Chapter or amendment thereto, a lawful use of land exists that is made no longer permissible under the terms of this Chapter or amendments thereto, such use may continue so long as it remains lawful and subject to the following provisions:

1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land.

2. No such nonconformity shall be moved in whole or in part to any position of the lot or parcel occupied by such use at the time of adoption of this Chapter or amendment thereto.

3. If any such nonconforming use of land ceases for any reason for a period of more than 6 months any subsequent use of such land shall conform to the standards specified by the zone in which it is located.

4-3-294 NONCONFORMING STRUCTURES

Where a lawful structure or structures exist at the effective date of the adoption of this Chapter or amendment thereto, such structure or structures may be continued so long as it remains lawful and subject to the following provisions:

1. No structure or structures may be enlarged or altered in any way which increases its non-conformity.

2. Should any structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of its destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.

3. Should said structure be moved for any reasons for any distance whatever, it shall thereafter conform to the regulations of the zone in which it is located.

4-3-295 NONCONFORMING USES OF STRUCTURE AND LAND

If a lawful structure and land in combination that exists at the effective date of adoption or amendment of this Chapter could not be built under the terms of this Chapter, it may remain so long as it is otherwise lawful and subject to the following provisions:

1. A nonconforming use of land structures shall not be altered, enlarged, extended, constructed, reconstructed, moved or substantially altered in any way except to change use of the structure to a use permitted in zone in which it is located.

2. If no structural alterations are made, any nonconforming use of a structure may be changed to another nonconforming use provided that the Planning Department or the Review Board may by ruling or by finding in the specific case, that the proposed change is equally or more appropriate. In permitting such change the Board or Department may require appropriate conditions or safeguards in accordance with the provisions of this Chapter.

3. Any nonconforming use may be extended throughout any parts of a building which were arranged and designed for that use at the time of adoption of this Chapter however, the use shall not be allowed to extend to other neighboring properties.

4. All nonconforming uses shall be registered as such with the Administrator within six months of the effective date of this Chapter. Any nonconforming uses claimed after this period must show proof and obtain acknowledgement as such from the Review Board.

SPECIAL PROPERTY USES

4-3-320 NECESSITY FOR SPECIAL USE PERMIT

All of the following and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any class of use as set forth in the various use districts of this Chapter, and the authority for the location and operation thereof shall be subject to review and the issuance of a special-use permit by the Review Board in accordance with the requirements of sections 4-3-118 to 4-3-122. Provided, that special-use permits may not be granted for a use in a district from which it is specifically excluded. Provided further, that a special-use permit shall not be issued without the review and approval of the Business Council in accordance with section 4-3-123.

4-3-321 SPECIAL USES DESIGNATED

(a) Automobile dismantling, wrecking or junk yards: Provided that such uses shall be specifically excluded from all but the Ag and I Districts.

(b) Cemeteries: Provided that such uses shall be specifically excluded from the W, GP, C and I Districts, and further provided that the following requirements are met:

1. External boundaries of a cemetery shall be devoted to the planting of sight-obscuring trees and shrubs;

2. No plot within a cemetery shall lie closer than ten (10) feet to any lot line;

(c) Crematories, Columbaria and Mausoleums: Provided such use shall be specifically excluded from the GP and W Districts; and the R and F Districts as well unless inside of a permitted cemetery in that District.

(d) Fertilizer Manufacturing Plants: Provided that these uses shall be specifically excluded from all districts except the Ag and I Districts.

(e) Livestock Feeding or Sales Yards: Provided that such uses shall be excluded from all but the A and I Districts.

(f) Mining, Including Quarrying, Mineral Extraction, Exploration, etc.: Provided that these uses shall be specifically excluded from all districts except the A, Ru and F Districts.

(g) Mobile Home Parks: Provided that the following minimum requirements are met:

1. Lot size of ten (10) acres with a maximum density of ten (10) spaces per gross acre;

2. No spaces may be occupied until a minimum of fifty (50) spaces have been completed for occupancy, together with the requisite facilities therefor;

3. A greenbelt planting strip, not less than twenty (20) feet in width, shall be located along all lot lines of the park not bordering a street. Such greenbelt shall be composed of one (1) row of deciduous and/or evergreen trees, spaced not more than forty (40) feet apart and not less than three (3) rows of shrubs, spaced not more than eight (8) feet apart and which grow to a height of five (5) feet or more after one (1) full growing seasons and which shrubs will eventually grow to a height of not less than twelve (12) feet.

(h) Public Buildings: Including police stations, fire stations, art galleries, museums and libraries.

(i) Public utilities or utilities operated by mutual agencies consisting of water wells, electrical substations, gas metering stations, power booster or conversion plants and the necessary buildings, apparatus or appurtenances thereto, but not including distribution mains.

(j) Radio and Television Broadcasting Stations and Transmitters: Provided that such be specifically excluded from the W and R Districts.

(k) Rendering of Animal Fat, Bones, Meat Scraps, Slaughter Houses or Meat Packing Plants: Provided that these uses shall be specifically excluded from all districts except the Ag and I Districts.

(l) Sanitary Land Fill: Provided such use shall be specifically excluded from all districts except the Ag and Ru Districts.

(m) Sewage Disposal or Treatment Plants: Provided that these uses shall be specifically excluded from all districts except the Ag and I Districts.

(n) RV Park, Court, or Camp: Provided that these uses shall be specifically excluded from the GP, W, R, I and F Districts, and further provided that the following requirements are met:

1. Access to such use shall only be from a major or secondary arterial;

2. All tribal and Indian Health Service requirements shall be fulfilled;

3. All external boundaries abutting any R District shall be effectively sight screened by a view-obscuring fence or by a combination of fencing and landscaping.

4-3-322 REVIEW BOARD ACTION

In granting a permit for any of the above-listed special uses the Review Board shall ascertain whether the present and future needs of the community will be adequately served by the proposed development and if the community as a whole will benefit rather than be injured by the proposed development. As provided in section 4-3-122 the Review Board may attach additional conditions to the issuance of a special-use permit to insure that structures and areas proposed are surfaced, arranged and screened in such a manner that they are in harmony with and not detrimental to existing or reasonable expected future development of the neighborhood. In the case of those special uses for which no requirements have been listed, in addition to the conditions it may impose under section 4-3-122, the Review Board may impose any reasonable height, yard or lot size requirements provided that it is satisfied that the requirements and other conditions imposed are sufficient to prevent detrimental effects on adjoining land or structures.

AMENDMENTS

4-3-440 INITIATION OF AMENDMENT

This Chapter may be amended by changing the boundaries of zones or by changing any other provisions thereof, whenever the public necessity and convenience and the general welfare requires such an amendment. Such a change may be proposed by the Planning Department, the Review Board on its own motion, or by motion of the Colville Business Council. Any proposed quasi-judicial amendment or change shall first be submitted to the Review Board and the Board shall, within thirty (30) days after the hearing required in section 4-3-441 recommend to the Business Council approval, disapproval, or modification of the proposed amendment.

4-3-441 APPLICATION BY PROPERTY OWNER

An application for amendment by a property owner or his authorized agent shall be filed with the Planning Director. The application shall be made on the form provided by the Department. In acting upon the application the Department shall follow the procedures set forth in section 2-4-9 of the Colville Administrative Procedure Act (Chapter 2-4).

4-3-442 PUBLIC HEARING ON AN AMENDMENT

Before taking final action on a proposed amendment, the Review Board shall hold a public hearing thereon. The Planning Department and Board shall follow the procedures for rulemaking set forth in the Colville Administrative Procedure Act, Chapter 2-4 of the Colville Tribal Code. For amendments to the text, notice of the time and place of the hearing on the proposed amendment shall be given for publication in a newspaper of general circulation, not less than five (5) days, nor more than thirty (30) days, prior to the date of the hearing.

4-3-443 STANDARDS FOR ZONE CHANGE

The burden of proof is upon the one seeking change. The degree of that burden increases proportionately with the degree of impact of the change which is sought. The applicant shall in all cases establish:

1. Conformance with the Comprehensive Plan.

2. Conformance with all applicable statutes.

3. That there is a public need for a change of the kind in question.

4. That need will be best served by changing the classification of the particular piece of property in question as compared with other available property.

5. That there is proof of a change of circumstance or a mistake in the original zoning.

4-3-444 ACTION BY THE COLVILLE BUSINESS COUNCIL

The Colville Business Council may, after public hearing by the appropriate lower body, enact a Resolution granting the zone change or amendment, or may by motion deny the granting of the zone change or amendment.

4-3-445 RECORD OF AMENDMENTS

The signed copy of each amendment to the text of this Chapter, including the legal description of all lands rezoned legislatively or quasi-judicially shall be maintained on file in the office of the Planning Department. A record of such amendments shall be maintained by the Planning Director in a form convenient for use by the public and shall include a map showing the area and date of all amendments thereto. The Director shall keep the map of this Chapter as originally enacted. Every five (5) years after the enactment hereof, a map showing the cumulative amendments hereto for that period shall be filed with the Department.

4-3-446 RESOLUTION OF INTENT TO REZONE

If, from the facts presented, findings, and the report and recommendations of the Review Board, as required by this Subchapter, the Board determines that the public health, safety, welfare and convenience will be best served by a proposed change of zone; the Business Council may indicate its general approval in principle of the proposed rezoning by the adoption of a "Resolution of Intent to Rezone". This resolution shall include any conditions, stipulations or limitations which the Business Council may feel necessary to prevent speculative holding of the property after rezoning. The fulfillment of all conditions, stipulations and limitations contained in said Resolution of Intent on the part of the applicant, shall make such resolution final without further action by the Colville Business Council.

The failure of the applicant to meet any or all conditions, stipulations or limitations contained in a resolution of intent, including the time limit placed in the resolution, shall render said resolution null and void, automatically and without notice, unless an extension is granted, by the Business Council upon recommendation of the Review Board.