Red Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”


[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


TITLE XIII ZONING REGULATIONS

CHAPTER 1305

1305.01

1305.02       Definitions

1305.03       Establishment of Districts

1305.04       Use of Land

1305.05       Use of Building

1305.06       R-1:  Residential District

1305.07       Conditional Uses

1305.08       Non-Conforming Uses

CHAPTER 1306  BURIAL PLOTS

1306.01       Burial Registration

BURIAL REGISTRATION

CHAPTER 1307 DESECRATION OF BURIAL SITES

 

 

 

TITLE XIII
ZONING REGULATIONS

 

CHAPTER 1305

 

1305.01          

 

Subdivision 1. Purpose.  The Red Lake Tribal Council finds that there must be methods and means to guide the future development of the land within the Red Lake Indian Reservation and to govern the location, construction and use of buildings and structures upon the land within the Red Lake Indian Reservation so as to insure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities and to preserve agricultural and other open lands in order to promote the public health, safety general welfare of the public.  Planning and zoning for land and building usage will assist in developing lands more wisely to serve the public more effectively.

 

Subdivision 2.             Authority.  The Red Lake Tribal Council has authority to carry on public planning activities for guiding the future development and improvement of the Red Lake Indian Reservation and may prepare, adapt and amend a public plan and zoning laws and implement such plan and laws by ordinance, rule and regulation.

 

Subdivision 3.             Minimum Requirements.  The provision of this chapter together with any amendments thereto or ordinances, rules and regulations adopted to implement this chapter are deemed to be minimum requirements and whenever these requirements are at variance with the requirements of any other lawfully adopted ordinance, rule or regulation or private covenant, the most restrictive or that which imposes the highest standard shall govern.

 

1305.02           Definitions

 

Subdivision 1.  For the purposes of this chapter, the terms defined in this section have the meanings given them.

 

Subdivision 2.  "Person" includes an individual corporation, partnership, association and bodies politic.

 

Subdivision 3.  "Lot" includes a plot or parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this law.

 

Subdivision 4.  "Shall" is mandatory.

 

Subdivision 5.  "Used/Occupied" when applied to any land or building is construed to include the words intended, arranged or designed to be used or occupied.

 

Subdivision 6.  "Accessory Use" means a building or use subordinate in use, area or purpose to the principal building or use on the same lot and serving a purpose naturally and normally incidental to such principal building or use.  Where an accessory building is attached to the principal building in a substantial manner by a wall or roof, it shall be considered part of the principal building.

 

Subdivision 7.  "Building" Means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

 

Subdivision 8.  "Dwelling" means any building or portion thereof which is designed for or used for residential purposes.

 

Subdivision 9.  "One-Family Dwelling" means a building designed for exclusive occupancy by one family and occupied exclusively by one family.

 

Subdivision 10.  "Multi-Family Dwelling" means any building or group of buildings on one plot containing separate living units for two or more families, but which may have joint services or facilities or both.

 

Subdivision 11.  "Family" means one or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, lodging house, motel or hotel.

 

Subdivision 12.  "Home Occupation" means a gainful occupation conducted by a member of the family within his or her place of residence where the space used is incidental to residential use and provided that no retail business of any part is involved or stock in trade is kept or commodities sold, except as are made on the premises by such home occupation.

 

Subdivision 13.  "Non-Conforming Use"  means any building or land use lawfully occupied or used at the time of passage of this chapter or amendments thereto or ordinances adopted pursuant thereto but which does not conform after the passage of this chapter or amendments thereto or ordinances adopted pursuant thereto with the use regulations of the district or zone in which it is situated.

 

Subdivision 14.  "Structure" means anything constructed or erected which requires a location on the ground or is attached to something having a location on the ground.

 

1305.03           Establishment of Districts

 

For the purpose of this chapter, the Townsite of Redly shall be zoned into the following district:

 

 

R-1:  RESIDENTIAL DISTRICT

 

1305.04           Use of Land

 

Except as specifically provided in this chapter no land shall be used except for a purpose permitted in the district in which it is located.

 

1305.05           Use of Building

 

Except as specifically provided in this chapter no building shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which such building is located.

 

1305.06           R-1:  Residential District

 

Subdivision 1.             General Definition.  The R-1 residential district provides for one-family and two-family year-round residential uses to be protected from traffic hazards and intrusion of incompatible land uses.  It is intended to encourage such development around existing residential areas where soil conditions are suitable for such development and in those areas which can be economically and readily served by utilities.

 

Subdivision 2.             Permitted Uses.  A building or premises in the "R-1" residential district shall be used only for the following purposes:

 

a)         One-Family and two-family year-round dwellings.

 

b)         Private Garages and Carports.

 

c)         Essential services and utilities intended to serve the principal permitted use.

 

d)         Horticulture and gardening.

 

e)         Customary accessory uses provided such uses are clearly incidental to the principal use and that no such use generates traffic or noise that would create a public or private nuisance.

 

1305.07           Conditional Uses

 

Subdivision 1.             General Provision.  One of the purposes of a zoning law is to divide land areas into districts and to regulate the use and lands and buildings within the district so that the uses within the district become mutually compatible and substantially uniform.  But there may be certain uses that are entirely appropriate and not necessarily incompatible with the basic uses permitted in a zoning  district but such uses may not be appropriate at every location within a zoning district without certain conditions and restrictions being imposed.  Conditions and restrictions may be required by reasons of the unique problems due to a particular location from a zoning standpoint or the impact of the use on neighboring land or public facilities or the public need for a particular use at a particular location.  These uses which are not specifically provided for within a certain zoning district, are hereby classified as conditional uses and are subject to the provisions in this section.

 

Subdivision 2. Approval Required.  Any conditional uses shall be permitted only when authorized by the Red Lake Tribal Council and subject to its approval.  Upon such approval, issuance of a Conditional Use Permit will be granted.

 

Subdivision 3.             Basis for Approval.  The Red Lake Tribal Council shall consider the adverse effect of granting a conditional use permit on the health, general welfare, safety and economic prosperity of the Reservation and of the immediate area in which such use would be located.  Additional considerations shall include the effects on the established character and quality of the area physical attractiveness, topography, drainage features, erosion potential, vegetative cover, prevention and control of water and air pollution, location with respect to flood plains and floodway, movement of traffic and the relationship to existing or proposed roads, demand for services, potential nuisance effects of noise, dust, smoke or odor and any other additional factors which the Tribal Council deems relevant to the approval or disapproval of the permit.

 

Subdivision 4.             Procedure. 

 

a)         Application.  Application for a Conditional Use Permit shall be made to the Secretary of the Red Lake Tribal Council.  All applications shall be accompanied by scaled maps, drawings or plat sketches which accurately show the location, size and shape of the land area involved in the application.  Any proposed structures shall be accurately shown with respect to its location upon the land area, its relation to adjacent streets, lakes, streams and utilities.  The application shall set forth the existing and proposed use of the land and each structure and the number of persons or families which are proposed to use the structure and land.  In addition the foregoing information, the Red Lake Tribal Council may require the applicant to submit other pertinent date and information necessary to properly evaluate the application.

 

b)         Fees.  There shall be a fee for filing the application for a Conditional Use Permit which shall be established by the Red Lake Tribal Council.

 

Subdivision 5. Termination.  When a permitted conditional use does not continue in conformity with the conditions attached to the Conditional Use Permit shall be terminated by the Red Lake Tribal Council.

 

1305.08           Non-Conforming Uses

 

Present uses of buildings, signs and premises may be continued even though they do not conform to the requirements of Chapter 1305.

 

However, structured repairs, modifications or alterations of such buildings, signs or premises shall not exceed 50% of the market value of such building, sign or premises as of time of the repair, modification or alteration without first having obtained the consent of the Red Lake Tribal Council; unless, the repair, modification or alteration results in a conforming use.  Any non-conforming use which is abandoned for one (1) year shall be discontinued permanently unless otherwise approved by the Red Lake Tribal Council.

 

 

 

CHAPTER 1306
BURIAL PLOTS

 

1306.01           Burial Registration

 

Subdivision 1.  Prior to the burial of a deceased person, a family member or other interested party or that person or entity which has the responsibility for doing the burial shall register with the Secretary of the Tribe, on a form prescribed by the Secretary, the location of the grave or burial site.  This shall be filed with Tribal Realty.

 

Subdivision 2.  The registration shall include markers, if any, headstone or traditional "houses" surrounding the gravesite.  Parties shall register the deceased person's name, address, date of death and burial and community where the burial is planned.

 

Subdivision 3.  No remains, including stillborns and fetuses, shall be buried at new cemeteries or grave sites without Tribal Council consent.

 

(Chapter 1306, Section 1306.01, added to Tribal Code by Resolution No. 33-93, dated February 9, 1993)

 

 

BURIAL REGISTRATION

 

The undersigned hereby certifies to the Red Lake Band of Chippewa Indians that                                                                                                 died on the          day of                                     , and will be buried on the Red Lake Indian Reservation.  The site or location of the burial plot is located as described herein.

 

                                                           Description of Burial Plot

 

The undersigned further certifies that the deceased person named herein will be buried at the site described herein on the           day of                              , 19      .

 

(NOTE:            Description must include distance from permanent improvements on the property; such as, homes, garages and roads.  Description must include the location of burial markers, headstones or traditional "houses", if any.

 

Date:

 

                                                                  

Signature

 

(Chapter 1306 Section 1306.01 added to Tribal Code by Resolution No. 33-93, dated February 9, 1993)

 

 

 

CHAPTER 1307
DESECRATION OF BURIAL SITES

 

Subdivision 1.  No person shall desecrate, defile or alter burial sites or cemeteries within reservation boundaries.

 

Subdivision 2.  Any person who has been convicted of desecration, defiling or alteration of a burial site or cemetery shall be penalized up to six (6) months imprisonment and/or $500.00 fine.

 

(Chapter 1307  added to Tribal Code by Resolution No. 33-93, dated February 9, 1993.)



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