CHAPTER 23

ZONING CODE

SECTION I. POWER.

In order to promote the health; safety and economic welfare of the members of the Oglala Sioux Tribe, and acting pursuant to Article IV, Section I, subsections (f), (i), (k), and (m) of the Constitution of the Oglala Sioux Tribal Council hereby enacts this Zoning Code.

SECTION II. PURPOSES.

This Code shall be implemented in order to achieve purposes which shall include, but need not be limited to the following:

(1) To protect the public health by preventing overcrowding and by segregating unsanitary and dangerous undertakings;

(2) To establish residential areas where families may live in privacy and in a wholesome environment;

(3) To increase public safety by reducing the possibilities of fire, traffic accidents, and other dangers;

(4) To facilitate the planning and development of public facilities such as roads, schools and utility services;

(5) To prevent the deterioration of property values occasioned by random location of homes, stores and factories.

SECTION III. APPLICABILITY.

This Zoning Code shall apply only to those areas under the jurisdiction of the Oglala Sioux Tribe as are approved in accordance with Section IV. The Tribal Executive Committee, acting under Section IV, shall act only as to areas specified by the Tribal Council. The following is hereby designated: "Pine Ridge."

SECTION IV. PROCEDURE FOR ADOPTION.

1. Within sixty (60) days after this Code has taken effect, the Executive Committee shall formulate an order designating the areas to which this Code shall apply, and the location of the zoning districts shall be posted at the Tribal Office with the notice that interested persons may appear at the next following meeting of the Executive Committee to voice any objections. After such meetings, the Executive Committee shall reconsider its order and shall, within ten (10) days, post notice of the changes it has made or a notice stating that no changes have been made. If no appeal is filed under subsections 1 and 2 of this Section, the order shall take effect thirty (30) days following the posting of such notice.

2. Any person aggrieved by the order of the Executive Committee establishing the areas to which this Code shall apply and the location of the zoning districts therein may appeal to the Tribal Council from the posting of the notice; the Tribal Council shall then consider the order and make such amendments or changes, if any, as it deems proper. If the Council shall approve the order, in original or amended form, it shall go into effect on the date of such approval.

3. The Executive Committee's order establishing the areas to which this Code shall apply and the zoning district therein may be amended by the procedures specified in subsections 1 and 2 of this Section or upon the initiative of the Tribal Council.

SECTION V. DISTRICTS.

1. There shall be six (6) categories of zoning districts

(A) Residential;

(B) Commercial;

(D) Disposal;

(E) Cemetery;

(F) Park.

2. There shall be three (3) types of residential zoning districts: Class 1, containing structures valued at over two thousand dollars ($2000.00); Class 2, containing structures valued between five hundred dollars ($500.00) and two thousand dollars ($2000.00); Class 3, containing structures valued below five hundred dollars ($500.00).

3. The Executive Committee shall establish one or more separate geographical areas for each category of zoning districts, and for each class of residential district.

SECTION VI. PERMISSIBLE USE.

A. Residential:

1. No building or structure shall be used or erected in any residential district of any class except for use as

(a) A place of human habitation or as a structure normally accessory thereto;

(b) A school;

(d) A police station, library, or similar public service building;

2. A residence of Class 3 may be built only in the district reserved for Class 3. A residence of Class 2 may be built only in the district reserved for Class 2 or 3. A residence of Class 1 may be built in any residential district.

3. A residence located in a district which is reserved for residences of another class shall be considered a non-conforming use.

4. No farming or raising of livestock may be carried on in a residential district, but this restriction shall not apply to gardening, and raising of poultry, pigeons, and rabbits.

5. No building used as-a piece of human habitation shall be erected closer than ten (10) feet from the boundary lines of the lot in question.

B. Commercial

1. No building or structure shall be used or erected in a commercial district except

(a) Structures which conform to the requirements of a Residential District of Categories 1 and 2;

(b) Structures used in connection with any profession or any retail trade, as herein used:

(1) The term "profession" shall refer to persons trained as a doctor, attorney, dentist, newspaper editor, religious leader, or in a similar endeavor;

(2) The term "retail trade" or business shall refer to grocery, hardware, drug, clothing, or general merchandise stores; hotels and motels; to gasoline service stations, and automobile repair shops; to restaurants and movie theaters; to barber shops, cleaning establishments and similar personal service businesses; to handicraft establishments which may employ three or fewer paid employees (other than members of the owner's family) ; and to all other trades and businesses of similar character.

2. No farming or raising of livestock may be carried on in a commercial district .

3. If, in the judgment of the Executive Committee, any use which would otherwise be permitted in a commercial district created an extraordinary hazard to health or safety, such use shall be required to locate in an industrial district. The order of the Executive Committee under this subsection shall be subject to review in the Tribal Court.

C. Industrial

1. An industrial district may contain structures for any use except:

(a) As a place of human habitation, including a hotel or motel;

(b) As for the permanent disposal of garbage, junk, trash and other waste products.

All factors (other than handicraft establishments permitted in a commercial district) storage warehouse, slaughter houses, lumber yards, large scale laundries, and cleaning establishments and similar businesses shall be located in an industrial district.

D. Disposal: No buildings or structures may be erected on a disposal area except as required of the sanitary disposal of garbage, trash, junk and other waste products.

SECTION VII. VARIANCES.

1. Any persons proposing to erect a structure not in conformity to this Zoning Code or to use an existing structure for a purpose not permitted by the Code may apply to the Executive Committee in writing, for a variance by stating the nature of the proposed structure, which shall be posted in a public place, together with notification of when and where interested persons may appeal, before the Executive Committee to present objections. After holding a meeting as stated in the public notice, the Executive Committee shall decide in accordance with the standards of subsection 3, whether or not to grant a variance in whole or in part, but no variance shall be permitted unless four of the five members of the Committee shall agree.

2. Any party aggrieved by the decision of the Executive Committee may appeal within ten (10) days to the Tribal Council and shall be afforded opportunity to present his objections in person, the decision of the Council shall be final but no variance shall be permitted unless three-fourths (3/4) in number of the members of the Council shall agree.

3. A variance shall be granted only if the applicant can show:

(1) That the proposed use will not materially interfere with the object of the zoning ordinance as defined in Section II of this Code; and

(2) That unless such variance is granted, he will sustain hardship out of all proportion to the public gain achieved by compliance with the ordinance.

SECTION VIII. REMOVAL OF NON-CONFORMING USES.

1. Scope: The Zoning Code shall not be construed to require the abandonment of existing uses or the removal of existing structures except as herein provided.

2. Definitions: A non-conforming structure is one that is one that is devoted to a use which is not permitted in the category or type of district in which it is located.

3. Improvements: No person shall make any additions, improvements, or repairs to a non-conforming structure which requires a total investment in materials and labor (including his own) which is equal to or greater than fifty percent (50$) of the value of the premises prior to such addition. Improvements or repairs may be obtained in the same manner and under the same conditions as a variance. The Executive Committee or any person adversely affected may apply to the Tribal Council for an order to enjoin any person acting in violation of this subsection.

4. Destruction: If any non-conforming structure is more than fifty percent (50%) destroyed by fire, natural deterioration, or other causes, it shall no longer be used in a non-conforming manner and shall not be rebuilt except for use in conformity with this Code. The Executive Committee or any person adversely affected may apply to the Tribal Court for an order authorizing a removal of any structure used in violation of this subsection. The Court may, if it finds such action fair and just, order the cost of removal charged to the owner.

5. Abandonment: Upon the application of the Executive Committee or any person adversely affected, the Tribal Court may authorize the removal of any non-conforming structure which has been permanently abandoned, and if it finds such action fair and just, charge the cost of such removal to the former owner. If the former owner is not given personal notice of the pending action, the Tribal Court shall, before issuing an order pursuant to this subsection, make every reasonable effort to notify him. Such effort shall include:

(1) Mailing a notice of the pending action to the former owner at his last known address; and

(2) Posting such notice conspicuously upon the structure sought to be removed;

each to be accomplished at least ninety (90) days prior to the issuance of an order under this subsection.

SECTION IX. ENFORCEMENT.

1. The Executive Committee, or any party aggrieved by a threatened violation of the Zoning Ordinance, may seek an injunction in Tribal Court ordering the offending party to cease and desist from committing such violation.

2. Upon application of the Executive Committee or any person adversely affected, the Tribal Court may order the owner to bear the cost of its removal of any structure which has since the effective date of this Code been erected in violation thereof.

Hist: Ch. 10B adopted by Res. 60-44, 10/28/60