[From the U.S. Government Printing Office, www.gpo.gov]



















                       INSPECTOR'S                    FIELDBOOK








                                                                    UJAS@TA L

                                                               1 N AFO R N IIA T 10 N C UNIVI EIR,







                                           Prepared by
                                      BUREAU OF PLANNING

      v






              TC
              1-7
              1320
              157
      Y
              1990
















                     INSPECTOR'S FIELDBOOK

















                                     PREPARED BY
                           GUAM COASTAL MANAGEMENT PROGRAM
                                 BUREAU OF PLANNING
                                 GOVERNMENT OF GUAM







                      FUNDED BY THE U.S. DEPARTMENT OF COMMERCE
                   OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
                                       AND THE
                           GUAM COASTAL MANAGEMENT PROGRAM
                                 BUREAU OF PLANNING
                                 GOVERNMENT OF GUAM











                                       CONTENTS



                                                                          page


          Introduction                                                      1

          Land-Use Laws                                                     2

               Zoning Law (Title XVIII)                                     2

                     Yard And Area Requirements                             2
                     Parking And Loading Zone Requirements                  3
                     Sign Requirements                                      3
                     Changes In Use                                         4
                     Junk Yard Requirements                                 5
                     Building In Beach Areas                                5

               Subdivision Law (Title XIX)                                  6

                     Requirements                                           6

               Hotel Zone Regulations                                       6

                     Requirements                                           6
                     Setbacks                                               7

               Territorial Seashore Protection Act (Title XIV)              8

                     Seashore Reserve                                       8



          APPENDIX A:     Title XVIII
          APPENDIX B:     Title XIV
          APPENDIX C:     Title XIX
          APPENDIX D:     Interim Hotel-Resort Zone
                          (Rules and Regulations)










                                     INTRODUCTION




          The development boom on Guam has endured throughout nearly all of

          the 19801s, and is expected to continue for the first few years of

          the 1990's at a minimum.      This development has done much to

          increase the standard of living on our island, and has provided

          opportunities which translate into a retention of our youth on

          Guam. With a booming economy, the resultant quality of development

          has increased with the quantity. Hotel developers are utilizing

          larger lots, which allows for greater setback and increased

          parking.  But the boom has also meant an increased workload for

          inspectors and building permit personnel, and the problems of land-

          use violations continue to exist.




          Historically, inspectors have had training and expertise in the

          complexities of the Uniform Building Code, and have not

          concentrated on development aspects of the Zoning Law or other

          land-use laws. This field book, and a "Training for Inspectors"

          workbook which is being produced simultaneously, are meant to

          reacquaint inspectors with their responsibilities in the areas of

          zoning law criteria, etc.



          This field book is designed to be carried with inspectors and

          enforcement personnel at all times.     Enforceable aspects of the

          land-use laws are listed for easy reference.











                                          ZONING LAW


                                          TITLE XVIII




            YARD AND AREA REQUIREMENTS: The following setback minimums, and

            lot widths should be checked during foundation inspection, both

            against actual on-site conditions and against the approved plans

            from which the Building Permit was issued. (Section 17200)




            USE       FRONT YARD     REAR YARD      SIDE YARD     LOT WIDTH


            R-1        15 ft.          10 ft.        8 ft.         50 ft.


            R-2        15 ft.          10 ft.        8 ft.         50  ft.


            C          .......         20 ft.       .......        20  ft.


            M-1       ....... .        20 ft.        8 ft.         50  ft.


            M-2        25 ft.          25 ft.       15 ft.         120 ft.


             A         25 ft.          25 ft.       15 ft.         100 ft.






            If these minimum setbacks are not being maintained, the inspector

            must ascertain if a setback variance was granted by the Territorial

            Planning    Commission,     (or  Territorial      Seashore    Protection

            Commission) (TPC/TSPC), through a "notice of action" processed by

            .Department of Land Management.



            If, in fact, the inspected development was granted a variance by

            the TPC or TSPC, the inspector must insure that the "approved








                                               2









          setbacks" are being met by the developer.



          If the inspector ascertains that the required setback minimum is

          not being met, a "stop work orderl' should be issued immediately,

          and should remain in ef f ect until the violation has been corrected.





          PARKING AND LOADING ZONE REQUIREMENTS: Section 17350 of the Zoning

          Law    iterates specific parking requirements by use.             These

          requirements should already be checked and approved prior to any

          building permit issuance.     You, as an inspector, must guarantee

          that:      1.   The number of parking stalls on-site corres-ponds

                          exactly to the number shown on the approved plans.

                     2.   that for uses that require such, a 20 foot

                          load ing/unloading space is furnished in addition to

                          the reguired Parking.

                     3.   That the area of the parking spaces equals 180

                          sauare feet per space.

          If number three is not met, a variance approval granted by the TPC

          must accompany the plans.





          SIGN REQUIREMENTS:     Sign violations are usually noted after an

          occupancy permit has been granted to a structure. It is important

          to be aware of the signs you see -during your daily inspections, as

          new signs are very often not in compliance.






                                             3









            The most obvious violations to look for are:

            1.   Signs must advertise only the business Or Rerson OccuRving the

                 Rremises.   In other words, if a sign is advertising for a

                 product, or for a business occupying another location, then

                 that sign is probably in violation.



            2.   Individual signs must not cover more than 101 of the surface

                 of the wall to which they are attached. While this may become

                 a judgement call in many cases, billboard type signs are

                 clearly a violation.



            3.   Signs shall not be higher than the roof line of the building

                 to which they are attached.



            4.   Free standing sicfns shall not exceed forty scruare feet in

                 size, or extend more than twelve feet above the ground.



            In order for signs which do not conform to not be in violation,

            there must be an approval on record from the TPC. (Section 17400)





            CHANGES IN USE: If any change in use of a building is noted, the

            inspector should verify (in office) that the new use is essentially

            the same as the previous use. If not, the inspector should notify

            the Department of Land Management in order that that agency can

            verify the requirements of the use and zone can still be met, and






                                            4









          that no further action is necessary.





          JUNK YARD REQUIREMENTS: Automobile junk yards create not only a

          visual nuisance, but a public danger as well. Section 17425 of the

          Zoning Law quite clearly states the conditions that must exist.

          Most important for the inspector are:

          1.   Junk Yard shall be enclosed-by a fence not less than 8 feet

               high.

          2.   Junk Yard enclosure shall be set back a minimum of forty feet

               from any public road.

          3.   Minimum enclosed area is 40,000 sauare feet.

          If, in the course of daily field work, you notice a junk yard which

          does not meet these criteria, a notice of violation should be

          issued by the Building Official immediately.





          BUILDING IN BEACH AREAS: The most important thing to remember in

          the beach areas is, all development, including excavation and fill,

          all signs and all uses within 35 feet of mean high wateri must be

          approved by the Territorial Seashore Protection Commission. If an

          activity is occuring in the seashore reserve area, the inspector

          should immediately verify that it has been approved by the TSPC.

          If not, an immediate stop work order should be issued and the

          contractor involved should be reported to the Contractor's

          Licensing Board.






                                           5










                                     SUBDIVISION LAW


                                        TITLE XIX






           REQUIREMENTS: The Subdivision Rules and Regulations are, in some

           ways, the easiest land-use laws to inspect for.      Remember:    All

           subdivisions must be reviewed and approved by the Territorial

           Planning commission.    Prior to undertaking any insRection in a

           subdivision, the inspector    must ensure that a cORY Of the TPC

           notice of action, with any    and all conditions to approval, is

           attached with the inspection  forms.












                                 HOTEL ZONE REGULATIONS




           REQUIREMENTS: Because by definition, all activities within the "H11

           zone (almost all of Tumon Bay) are considered conditional uses, all

           activities require review and approval by the Territorial Planning

           Commission.     Prior to undertaking any insRection on 11H" zoned

           prORerty, the inspector must ensure that a copy of the TPC notice

           of action, along with any conditions to approval, is attached with

           the inspection form.











                                            6








           SETBACKS: Unless otherwise stated in the TPC approval, setbacks

           in the "H" zone are as follows:




           USE                       FRONT YARD       SIDE YARD         REAR YARD


           SING. FAM.                 15 ft.             8 ft.             10 ft.




           ZERO LOT LINE              15 ft.             16 ft.            10 ft.




           ZERO LOT LINE                5 ft.            16 ft.            10 ft.
           SEMI-DETACHED





           ROW FOUR TO                20 ft.             16 ft.             16 ft.
           EIGHT





           MULTI FAMILY               10 ft.             10 ft.             13 ft.




           MULTI FAMILY               13 ft.             10 ft.             20 ft.




           MULTI FAMILY               23 ft.             23 ft.             33 ft.




           MULTI FAMILY               33 ft.        total combined          49 ft.
                                                    side yards=30% lot
                                                    width or 33 ft.

           HOTEL (SMALL)#             33 ft.        total combined          75 ft.
                                                    side yards=40% lot
                                                    width or 33 ft.

           HOTEL (LARGE)+             33 ft.        total combined          75 ft.
                                                    side yards=50% lot
                                                    width, one side,
                                                    minimum 53 ft.


           RESORT/COMMERCIAL               ft.          10 ft.              10 ft.





                                              7








                        10,880 square feet minimum lot size

                        29,999

                        50,002

                        70,005

                        90,000

           +            200,000





                           TERRITORIAL SEASHORE PROTECTION ACT


                                        TITLE XIV






           SEASHORE RESERVE: Because the shoreline was viewed as distinct and

           important to the people of Guam, the Legislature declared a

           (current) ten meter strip of land along the shore line, extending

           seaward to the six fathom contour, to be The Seashore Reserve. All

           development in the Seashore Reserve MUST BE REVIEWED AND APPROVED

           BY THE TERRITORIAL SEASHORE PROTECTION COMMISSION.    The following

           are excepted.



           1.   Repairs and improvements not in excess of $7,500 to existing

                single-family residences.

           2.   Maintenance dredging of existing navigation channels.



           All other development (including piers, docks, bouys, as well as

           any structural development) is required to obtain TSPC approval.

           If the inspector identifies anv new development, repair, fill or







                                            8








         extraction activity for which no Dermit has been issued, an

         immediate stop work order should be issued and the Attorney General

         notified of the violation.




         If an inspection is being conducted on a permitted project within

         the Seashore Reserve area, notice of action from the TSPC must be

         attached with the inspection forms and approved plans.




















                APPENDIX A




                ZONING LAW




                TITLE XVIII











                                           GOVERNMENT CODE


                                            TITLE XVIII

                                             Zoning Law

              Chapter I.    General Provisions.
                      II.   Establishment of Zones and Boundaries.
                     III.   Use Regulations.
                      IV.   Height Regulations.
                        V.  Yard and Area Regulations.
                      VI.   Accessory Buildings.
                     VII.   Nonconforming Buildings and Uses.
                     VIII.  Automobile Parking and Loading Space Regulations
                      IX.   Sign Regulations.
                        X.  Junk Yards.
                      XI.   Administration and Enforcement.
                     XII.   Appeals and Reviews.
                     XIII.  Changes of Zones.
                     XIV.   Recording: Submission to the Legislature.
                      XV.   Fees.
                     XVI.   Penalty for Violation.


                                             CHAPTER I
                                         General Provisions


                 17000. Title.
                 17001. Purpose.
                 17002. Definitions.
                 17003. Interpretation.

                  17000.   Title.   This Title shall be known as "The Zoning Law of
             the Territory of Guam." CIncluded in Original Government Code of Guam
             enacted P.L. 1-88, 1952.]

             . 5 17001. Purpose. The purpose of this Title is to establish cer-
             tain minimum regulations for the protection and promotion of the public
             health, safety and general welfare of the people of the Territory of
             Guam, which regulations are deemed necessary In order to encourage the
             most appropriate use of land, to provide adequate open spaces about
             buildings for light and air, to prevent undue concentration of popula-
             tion, and to assure adequate provisions for community utilities and fa-
             cillities such as water, schools, parks and other public requirements.
                                                  V                                   88
             CIncluded in Original Government Code of Guam enacted by P.L. 1-            1952.1

               S 17002. Definitions. For the purpose of this Title, certain terms
             are defined as follows:
               wAccessory Building." A detached subordinate building located on the
             same lot with a main building, the use of which is customarily 3econ-
             dary to that of the main building or to the use of the land.
               Wartment House." Same as "dwelling, multiple."
               "Automobile Parking Xrea. Private." An open area, located on the same
             lot with a dwelling or hotel, for parking automobiles of the occupants
             of such buildings.
               *Automobile Parking Area, Public."       An open area, other than a street







                                                    10








           or private automobile parking area, designed to be used for the parking
           of two or more automobiles.
              "Building."   Any structure built for the support, shelter or enclosure
           of persons, animals, chattels, or property of any kind.
              "Building Height." The vertical distance measured from the average
           level of the highest and lowest point of that portion of the lot covered
           by the building to a point midway between the highest and lowest point of
           the roof.
              *Cluster Development."    Placement of residential units in close as-
           sociation to each other in order to consolidate required lot area Into
           usable open space for the benefit of those living in such residential
           units. [Amended by P.L. 10-5, effective February 3, 1969.1
              "Commission." Shall mean the "Tbrritorial Planning Commission of Guam."
              'Dwelling."   A building or portion thereof designed exclusively for
           residential occupancy, including one-family, two-family and multiple dwel-
           lings, but not including hotels,
              "Dwelling Unit." One or more rooms and a single kitchen in a dwelling,
           designed as a unit for occupancy by one family for living and sleeping
           purposes:
              "Dwelling, one-Family." A detached building containing only one dwel-
           ling unit.
              "Dwelling, Two-Family." A detached building containing two dwelling
           units.
              "Dwe 1 ling, Multiple." A building containing three or more dwelling units.
              "Family." An individual, or two or more persons related by blood or
           marriage, or a group of not more than five persons who need not be related
           by blood or marriage living together as a single housekeeping unit.
              *Home Occupation."   An occupation, carried on by occupants of a dwel-
           ling as a secondary use of such dwelling, in connection with which there
           is no display, no stock In trade nor commodity sold on the premises, and
           no other person employed.
              "Hotel." A building containing six or more rooms intended or designed
           to be used, or which are used, rented, or hired out to be occupied, or
           which are occupied for sleeping purposes.
              "Junk Yard." An open area where waste, scrap metal, paper, rags, or
           similar materials are bought, sold, exchanged, stored, baled, packed,
           disassembled or handled, including the dismantling or storing of wreck-
           ed automobiles or other vehicles, and buildings.       The terms "dismantling"
           or "storing" do not include the action of a licensed automobile repairer
           or garage owner in stripping an automobile or other vehicle of its us-
           able parts as long as such action is accomplished within ten (10) days
           of the arrival of the motor vehicle being stripped on the premises of the
           garage or automobile repair business.rAdded by ?.L. 9-126, effective
           Ja.nuary 29, 1968.1
              "Lot"  A parcel of land occupied or to be occupied by a use or build-
           ing, and accessory buildings and uses, together with such yards, open
           spaces and lot area as are required by this Title, and having frontage
           on a street.
              "Lot Line,  front."   The line separating the lot from the street.       For
           the purposes   of yard requirement3,.a corner lot has two front yards and
           no rear yard.    Within a panhandle lot, the front lot line begins at the
           interior end   of the panhandle. CAmended by P.L. 9-252, effective August
           29, 1968.1
              "Lot Line,  rear."  The lot line which Is opposite and most distant from
           the front lot line.
              "Lot Line,  side."   Any lot .1.4ne not a front lot line or a rear lot line.







                                                  11








               *Lot Depth.* The horizontal            distance between the front and rear lot
             lines, measured in the mean direction of the 3ie lot lines.
               "Lot Width.0       The horizontal distance between the side lot lines, meas-
             ured at right angles to the lot depth at a point midway between the front
             and rear lot lines.
               "Lot Area."      The total horizontal area within the lot lines of a lot.
               "Noncomforming Building.' A building or structure which does not con-
             form to the regulations of thi3@Title and which lawfully existed at the
             time the regulations, with which it does not conform, became effective.
               'Nonconforming Use."          A use of a building or land which does not conL
             form to the regulations of this Title and which lawfully existed at the
             time the regulations, with which it does not conform, became effective.
               "Planned unit development district.' A substantial area in which de-
             velopment follows an approved plan integrating a combination of uses in
             an appropriate and unified manner.              (Added by P.L. 9-232, effective Aug-
             u3t io, 1968.]
               "Story.* That portion of a building between the surface of any floor
             and the surface of the floor or ceiling next above it.
               "Structure."       Anything constructed ar erected which requires location
             on the ground or attached to something having a location on the ground.
               *Use.* The purpose of          which land or a building is arranged, designed
             or intended or for which         either land or a building is or may be occupied
             or maintained.
               *Yard."     An open space      on a lot, unoccupied and unobstructed from the
             ground upward, except as         otherwise provided in this Title.
               "Yard, front." A yard          adjoining the front lot line and extending
             across the full width of         the lot, the depth of which is the minimum hor-
             izontal distance between         the front lot- line and a line parallel thereto
             on the lot.
               uYard, rear." A yard extending across the full width of the lot be-
             tween the most rear main building and the rear lot line. The depth of
             the required rear yard shall be measured horizontally from the nearest
             part of a main building toward the nearest point of the rear lot line.
               "Yard, side." A yard between a main building and the side lot line,
             extending from the front yard or front lot line where no front yard is
             required to the rear yard. The width of the required side yard shall
             be measured horizontally from the nearest point of the side lot line
             toward the nearest part of the main building. (Included in Original
             Government Code of Guam enacted by P.L. 1-88, 1952: amended where in-
             dicated herein.]

               5 17003.        Interpretation.       In interpreting and applying the provisions
             of this Title, they shall be held to be the minimum requirements for the
             protection and promotion of the public health, safety and general welfare,
             &nd shall be liberally construed in furtherance of these objectives. [In-
             cluded in     Original Government Code of Guam enacted by P.L. 1-88, 1952.1


                                                     CHAPTER 11
                                  Establishment of Zones and boundaries

                 17050.    Zones.
                 17050.1   Zoning map: Agana: adopted.
                 17051.    Zone boundaries.
                 17052.    Church Zone in Dededo.
                 17053.    Zone boundaries Maina.
                 17053.1   Zone boundaries Maina.
                 17053.2   Tumon Commercial.
                 17053.3   Yigo Commercial.
                 117053.4  Nimitz Hill R-2.



                                                             12







                 1   17050.    Zones.    In order to carry out the purposes and provisions
              of this Title, areas within the Territory of Guam are hereby divided in-
              to nine zones, known as:
                 "A"   Agricultural Zone
                 "RI"  One-Family DweUing Zone
                 "R2"  Multiple Dwelling Zone
                 "P"   Automobile Parking Zone
                 '@C"  Commercial Zone
                 "Ml"  Light Industrial Zone
                 -M2"  Heayy Industrial Zone
                 "LC"  Limited Commercial Zone
                 "H"   Hotel Resort Zone
              Thd aforesaid zone symbols and the boundries of such zones shall be shown
              upon a map or Maps which shall be designated as the NZoning Map."
                 The *Zoning Map' shall be adopted by the Commission and shall be ef-
              fective upon its approval by the Committee on Rules of the Legislature
              and by the Governor. The *Zoning Mapm shall be submitted to the Com-
              mittee on Rules prior to its submission to the Governor and such map
              shall be deemed approved by said Committee, unless within fifteen (15)
              days Of its receipt thereof, said Committee shall adopt a resolution di3-
              approving the same, in which case the map shall be returned to the Com-
              Mission. NO such map shall be adopted by the Commission except after
              public hearing, ten (10) days notice of time and place of which shall be
              given In a newspaper of general circulation.
                 The "Zoning Kap" may be divided into separate parts and separately
              adopted and approved as the necessary planning and study therefor is com-
              pleted. [Enacted 1952: repealed and added by P.L. 6-136, effective Dec-
              ember 18, 1962.1

                 1 17050.1 Zoning map of Agana. The zoning map of Agana identified
              as Drawing No. GI-54517 and heretofore adopted as part of the "zoning
              Map", is hereby amended by extending the commercial zones appearing on
              said map, north of Route 8 and south of the Mongrnong Maite road, two
              hundred (200) feet.in depth on each such area. Notwithstanding any other
              provision of law, these two commercial zones may not hereafter be altered
              or changed except by statue. (Repealed and added by P.L. 10-141, effec-
              t1ve March 26, 1970.1

                 S 17051. Zone boundaries. Where the zone boundaries indicated on the
              OZoning Map,* said map, and all notations, re:erence3 and their exten3-
              ions; such lines shall be construed to be the zone boundaries.
                 Where the zoneboundaries indicated on said map are not street, alley or
              lot lines, or extensions thereof, the zoneboundaries shall be determined
              by the Use of the scale appearing on the "Zoning Map,n unless otherwise
              specifically shown by dimension.
                 In any case where there is uncertainty as to the intended.location of
              a zoneboundarY, the Commission shall have the power and duty to deter-
              mine its intended location. [Included in Original Government Code of
              Guam enacted by P.L. 1-88, 1952.]

                 ï¿½ 17051.1 %oning Map ot Agana. 7ne zoning map of Agara identified as
              Drawing No. GI-54517 and heretofore adopted as part of the "ZcrLing iiap@',is here-
              by amended by extending the ccmnercial zone appearing cn said map, north of Route
              8 and south of the Mor4;mcng Maite road, rwro hundred (200) feet in depth on each
              such area. P.L. 12-160 dated August 29, 1974, further amend t,,ne zoning map of
              agam by extending the coamercial zones north and south of Route 4 ft,= Marine
              Drive to Lot 83, Sirajana once on the north side and to Lot 3202, Sinajana on
              the south side, to a depth of two hundred (200) feet where the zones are not
              already of that depth and by fux7ther extending -the cammercial zone on said map
              to :Include the entire area broadened by Route 4, 3rd street south, Ist street
              east and Cliff Drive. Notwithstanding am other provision of law, these said
              mentioned carmercial zones my not hereafter be altered or chmige except by
              statue. (,Repealed and added by P.L. :10-141, effective March 26, 1-970)


                                                          13









                         17052. Church Zone in Dededo. As an amendment to the Dededo Zon-
                     ing Map (Land Management Drawing No. E3-67S39), adopted by the Committee
                     on Rules of the Guam Legislature pursuant to the provisions Of  17050
                     of this Title, the area In the municipality of Dededo, bounded by West
                     Santa Monica Avenue to the north, Dolores Street to the east, and West
                     San Antonio Avenue to the south and west, is hereby declared to be zon-
                     ed for church and church-related activities. [Added by P.L. 10-106,
                     effective February.6, 1970.]

                         17053. Basic Lot Nos. 242, 243 and 269 REM all in Maina in the Municipality
                     of Asan, are hereby rezoned to R-2, multiple dwelling. (Added by P. L. 12-111.)
                         17053.1 Lot Nos. 235-REM-3-1 and 235-REM-3-2 in Maina in the Municipality
                     of Awn are hereby rezoned to C, Commercial." (Added by PL. 12-111.)
                         17053.2 Tumon Commercial Zone. All property lying on either side of Route
                     1 (Marine Drive) between the two intersection of Tumon Loop with Route 1, to a
                     depth of two hundred (200) feet from the edge of the right-of-way along Route 1,
                     is hereby established as Commercial Zone Property. (Added by P.L. 12-160.)

                        17053.3 Yigo Commercial Zone. All property lying an either side of Route 1
                     (Marine Drive) between the Old Marbo PX and the Yigo Catholic Church, to a depth
                     of two hundred (200) feet from the edge of the right-of-way along Route 1, is
                     hereby established as Commercial Zone Property. (Added by P.L. 12-160.)

                        17053.4 Nimitz Hill R-2 Zone. All property lying an either side of the
                     road from Top 0' The Mar (Nimity Hill - Spruance Drive) to the New Piti Elementary
                     School, to a depth of two hundred (200) feet from the edge of the right-of-way
                     along Route 6, is hereby established as R-2 Zone Property. (Added by P.L. 12-160.)

                        Agat R-1 Zone. Tract 132, Lots 1 through 9. inclusive, Lots 194-2-1 through 194-2-3, inclusive; Lots
                     195-1.1 through 195-1-3, inclusive; Lot 195-2 and Lot 209-Rl-NEW. (Added by P. L. 14-123.)

                        Tamuning Commercial Zone. All property to a depth of 200 feet from the center of the main thorough-
                     fare beginning at the Good Samaritan Medical Clinic to the nearest boundary of Tamuning Elementary
                     School, and beginning at the Saehan Finishing Studio extending to the nearest boundary of Farenholt
                     Road. (Added by P. L. 15-61.)

                        Barrigada Commercial Zone. All property to a depth of 200 feet from the center of the main thorough-
                     fan beginning at the Junction of Routes 8 and 16 extending west to the Barrigada Toto Road. (Added
                     by P. L. 15-61.)
                                                                 CHAPTER III
                                                              Use Regulations

                          17100.      Conformance of uses to zone regulations.
                          17101.      Regulations along district boundaries
                          17102.      Conditional use.
                          17103.      "A" rural zone.
                          17104.      "R1" single family dwelling zone.
                          17105.      "R2" multiple dwelling zone.
                          17106.      "C" commerical zone.
                          17107.      "P" automobile parking zone.
                          17108.      "M1" light industrial zone.
                          17109.      "M2" heavy industrial zone.
                          17110       "H"  hotel-resort zone.                                               
                             17100. Conformance of uses to zone regulations. No building or
                      structure shall be altered, enlarged, moved or maintained, and no
                      Ing or land shall be used for any purpose, except for a use permitted in
                      the zone in which such building or land is located, as hereafter provided
                      in this article.

                             17101. Regulations along district boundaries. Where a commercial or
                      industrial use occurs in zones permitting such uses, but in areas which
                      are located adjacent to rural or residential zones, the yard requirement
                      shall be twice that required of such use or twenty (20) feet, whichever
                      is the greater.

                                                                          14
 







                       17102.  Conditional use.   In addition to permitted uses in each Of
                  the zones, specified Uses will be permitted upon approval by the Commis-
                  sion of the site plan, Including, but not limited to, disposal of sewage,
                  access, parking, structure location and accompanying convenant3 that may
                  include performance standards.
                       17103. "A" rural zone.
                    (a) Use Permitted
                          1.  One-family dwellings and duplexes.
                          2.  Farming and fisheries, including all types of activities and
                              pursuits Customarily carried on in the field of agriculture
                              and fisheries, Including the raising of crops and fruits,
                              poultry and livestock, grazing and dairying, tree and other
                              vegetative production, whether for commercial or personal uses.
                          3.  Uses customarily accessory to any of the above uses including
                              home occupations, and private automobile parking areas as well
                              as accessory buildings and structures such as private garages,
                              warehouses, barns, corrals, or other similar structures.
                    (b) Conditional Use
                          1.  Parks, playgrounds and community centers.
                          2.  Biological gardens.
                          3.  Schools and churches.
                          4.  Hospitals, sanitariums, and institutional Uses.
                          5.  Cemeteries.
                          6.  Recreational use Including golf courses, cockpits, marinas,
                              beaches, swimming pools, and accessory residential and commer-
                              cial use.
                          7.  Extractive industry.
                          8.  Utilities and public facilities.
                          9.  Wholesale and retail stores, shops and businesses.
                         10.  Automobile service stations, including service shops.
                         11.  Accessory Uses and structures for the above.

                       17104.  "Rl" one-family dwelling zone.
                    (a) Use Permitted
                          1.  One-family dwellings.
                          2.  Gardening and the keeping of pets for noncommercial purposes.
                          3.  Use customarily accessory to any of the above uses Including
                              home occupations and private parking areas with accessory
                              buildings and structures.
                    (b) Conditional Use
                          1. Duplexes.
                          2. Schools and churches.
                          3. Parks, playgrounds and  community centers.
                          4. Health service office,  outpatient with laboratory.
                          5. Utilities and public facilities.

                         17105. "R2" multiple dwelling zone.
                    (a) Use Permitted
                          1.  One-family dwellings.
                          2.  Duplexes.
                          3.  Mulit-family dwellings.
                          4.  Hotels, private groups and institutions.
                          5.  Accessory Uses and structures for the above.
                    (b) Conditional Uses
                          1.  Any conditional uses permitted in the "R1" zone.
                          2.  Health clinics.
                          3.  Utilities and public facilities
                          4.  Air, bus, taxi, auto, rental terminals
                          5.  Accessory uses and structures for the above.
                              (Amended by P.L. 11-60)
                        17106. "C" commercial zone.
                    (a) Use  Permitted
                          1.  One-family dwellings.
                          2.  Duplexes.
                          3.  Wholesale and retail stores, shops and businesses.
                          4.  Amusement enterprises.
                          5.  Automobile service station, including minor repairs.
                          6.  Bakeries.
                          7.  Mortuaries.


                                                       15
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                     8. Offices, business or professional, and banks.
                     9. Personal service shops, including barber shops, beauty parlors,
                        laundromat3, and the like.
                     10. Repair shops and service shops, including shoe repair shops,
                        plumbing shops, dressmaking shops, and the like,-but not in-
                        cluding, automobile repair shops for major work.
                     11. Restaurants and cafes.
                     12. Studios.
                     13. Other uses which in the judgment of the Commission, as evi-
                        denced by resolution in writing, are similar to those listed
                        herein.
                     14. Uses CU3tomarily accessory to any of the above listed Uses,
                        including only those accessory to manufacturing, storage, com-
                        pounding, or processing activities which are necessary for the
                        ordinary conduct Of said listed uses and which are an integral
                        part thereof.
                     15. Accessory structures for the above.
               (b) Conditional Use
                     1. Hospital and clinics.
                     2. Public utility and other public buildings.
                     3. Shopping center
                     4. Recreation, including. cockpits, marinas, amusement centers,
                        drive-in theatres.
                     5. Multi-family.
                     6. Hotels, motels, tourist accommodations.
                     7. Air, bus, taxi, auto rental terminals.
                     8. Auto sales and car wash.
                     9. Parking garages.and lots.
                     10. Service vehicle storage.
                     11. Laundries and cleaning and dyeing establishments.
                     12. Schools and churches.
                     13. Parks, playgrounds, community centers.
                     14. Utilities and public facilities.
                     15. Accessory uses and structures for the above.

                  17107. *PO automobile parking zone.
               -(a) Use Permitted
                     1. Public or commercial parking area and garages.
                     2. Public access to adjoining parking areas.
                     3. Loading and unloading.of automobiles or trucks, but not to
                        use portions of required parking space.
                     U. Service vehicle storage after commercial hours.
                     5. Utilities and public facilities.
                     16. Accessory uses and structures for the above.

                   17108. OKI* light industrial zone.
               (a) Use  Permitted
                     1. Any use permitted with or without condition in the commercial
                        zone.
                     2. The manufacturi ,ng, compounding, processing or treating of such
                        products as drugs,  cosmetics, and food products (not including
                        fish and meat products nor the rendering of fats and oils).
                     3. The manufacturing, compounding, assembling or treating of ar-
                        ticles or merchandise from previously prepared materials.
                     4. Automobile repair shops including painting, body and fender
                        work and rebuilding,* truck and tractor repairing; and tire re-
                        treading.
                     5. Bottling and packaging plants.
                     6. Ceramic products manufacturing.
                     7. Laundries and cleaning and dyeing establishments.
                     8. Machine shops and sheet metal shops.
                     9. Warehouses and cold storage plants.
                     10. Lumoer yards, builaIng mater@al salesyards, contractor's
                                                                                    equip-
                        ment storage yards, and the like.




                                                    16






                    11. Other uses which In the iudgment of the Commissions, as eVI-
                         denced by a resolution in writing, are similar to those listed
                         herein.
                    12. Uses customarily accessory to any of the above listed uses,
                         and accessory buildings.
                (b) Conditional Use
                     1. Other industrial uses not objectionable, obnoxious or offensive
                         by reason of odor, dust, smoke, noise, gas fumes, cinders, Vi-
                         bration, flashing lights, or water-carried waste.
                     2. Utilities and public facilities.
                     3. AcCe3iory uses and buildings for the above.

                     17109.   OX20 heavy industxial zone.
                  (a) Use Permitted
                       1. Any uses permitted in the "Ml"    zone, excepting residential use.
                       2. Junk Yards. Under the special    provisions set forth in Chapter
                          X of this Title.
                       3. Any other uses not specifically prohibited by law, including
                          those which are or may be objectionable, obnoxious, or offen-
                          sive by reason of odor, dust, smoke, noise, gas fumes, cinders,
                          vibrations, or water-carried waste.
                       4. Uses customarily accessory to any of the uses herein permitted,
                          and accessory buildings and structures.
                  (b) Conditional Use
                       1. All residential Uses.
                       2. Accessory Uses and structures for the above.
                     17110. "H" hoW- resort zons.
                  (a) Conditional Use
                      1. All tourist related activities.
                  COriginal Chapter 111, consisting of $1 17100-17107, enacted 1952;
                original S 17108 added by P.L. 5-64, effective February 29, 1960; Chap-
                ter III was repealed and a new Chapter III added (55 17100-17109) by P.
                L. 9-252, effective August 29, 1968. Original S 17107 had been amended
                by P.L. 9-126, effective January 29, 1968.1

                                               CHAPTER IV
                                           Height Regulations

                    17150. seigbt limit established.
                    17151. buildings and structures permitted above heiaht limit.
                     17150. Height limit established. In the "A," Rl'D DTX,w 01
                                                                                     R2,
                0C,9 9X1,6 and OM26 Zones, no building or structures shall be erected or
                maintained, nor shall any existing building or structure be altered, en-
                larged, moved, or maintained, to exceed a height limit or two (2) stories
                (the two (2) stories shall not exceed a height of thirty (30) feet, ex-
                cept that in the "CO Zone within the "New Aganam lot and block System the
                building height limit shall be six (6) stories (the six (6) stories shall
                not exceed a height Of 3eventy-five (75) feet).(Enacted 1952; amended by
                P.L. 7-19, effective May 9, 1963.1
                  1 17151. Buildings and structures permitted above height limit. The
                following buildings, structures and equipment may be erected and maintain-
                ed above the permitted height limit:
                  (a) In the wAm Zone, any building may exceed the height limit of two (2)
                stories or thirty (30) feet, if such building Is located at least a d13-
                tance equal to two (2) times the height of the building from any lot line;
                  (b) Shelters accessory to roof gardens or decks, providing such shelters
                are open on two (2) or more sides, occupy less than half the roof area, do
                not exceed the height limit by more than ten (10) feet, and are set back
                at least eight (8) feet from each lot line;
                  (C) Roof structures for the housing Of stairways, tanks, ventilating
                fans, or 31xilar structures and equipment for the maintenance of the build-
                Ing; and
                  (d) Aerials, flagpoles, skylights, steeples, towers, fire or parapet
                wells, or other similar structures.
                  (e) Hotels, provided, that for every foot In elevation exceeding the
                standard limitation, two (2) feet shall be added to each of the required
                yard depths and widths; and provided, further, that the height limit for
                any such hotel shall be six (16) stories (the. six (6) stories shall not ex-
                ceed a height of seventy-five (75) feet).     [Enacted 1952; sub3ect.4on (e)
                added by P.L. 9-197, effective July 1, 1968.3

                                                      17










                                                        CHAPTER V
                                             Yard and Area Regulations

                   17200.   Minimum yards and lot areas established.
                   17201.   General Yard and area rOqUiXeMOnt3.
                   17202.   Exceptions to yard and area regulations.
                   17203.   StataMOnt3 of purpose: building and building height restrictions in beach
                            areas.

                     17200. Minimum yards 'and lot areas established. No building or
                  structure shall be erected or maintained, nor shall any existing build-
                  ing or structure be altered, enlarged, moved or maintained, on any lot,
                  unless a front yard, a rear yard, and two (2) side yards are provided
                  and maintained on such lot. The depth of such front and rear yards and
                  the width of     such side yards shall not be less than the depth and width
                  specified in     the following "Yards and Lot Area" table.            Further, no lot
                  width or lot     area, nor any lot area per dwelling shall be less than that
                  specified in     said table. A commercial building to occupy the whole width
                  of a lot must be of four-hour fire-resistive construction.                 If party
                  walls are to be erected, the written consent of the owners of adjacent
                  lots must be obtained as a prerequisite for the issuance of a building
                  permit to start construction. If the building to be erected is not of
                  fireproof construction, side yards of eight t8) feet wide must be provid-
                  ed.   In the Rural (A) Zone all structures shall have front and rear yards
                  of twenty-five (25) feet and side yards of fifteen .(15) feet; the width
                  of each lot shall be one hundred (100) feet with an area of not less
                  than twenty thousand (20,000) square feet. The lot area per dwelling
                  unit in the Rural Zone (A) shall be not less than ten thousand (10,000)
                  square feet. (Amended by P. L. 1S-37.)
                                                   YARD AND LOT AREA

                    Use         Front Yard Rear Yard. Side Yard          Lot        Lot Area        Loot Area per
                                   Depth        Depth        Depth      Width                      Dwelling unit
               single Family       is ft.       10 ft.        a ft.     So ft.     5,000 sq.  ft.  5,000 sq. ft.
               Multi-PS-4 ly       is ft.       10 ft.        a ft.     So ft.     5,000 sq.  ft.  1,250 sq. ft.
               comm- cial          . . .        20 ft.       . . .      20 ft.     2,000 sq.  ft.    400 sq. ft.
               Light Indus.        . . .        20 ft,        a ft.     50 ft.     5,000 sq.  ft.  1,250 sq. ft.
               3"vy Indus          2S ft.       25 ft.       is ft.    120 ft.   40,000 sq.   ft.
                  Unless facilities        are  otherwise provided for          loading, the      rear yard
               must be not less than twenty (20)              feet In depth. CEnacted1952; amended
               by P.L. 9-103, effective August 23, 1967; further amended by P.L. 9-252,
               effective August 29, 1968.1

                  J 17201. General yard and area-requirements.
                  (a) No required yard of other open space provided about any building or
               structures for the purpose of complying with the provisions of this Title,
               shall be considered as providing a yard or open space for any other build-
               ing or structure.
                  (b) No lot or parcel of land under separate ownership at the time this
               law became effective shall be separated in ownership or reduced In size
               below minimilln lot width or lot area set forth in the "Yards and Lot Area"
               table.
                  (a) Where a lot in the "Rl" zone has an area of ten thousand (10,000)
               square feet or more, a one family dwelling may be erected and maintained






                                                                  is








            on each five thousand (5,000) square feet thereof, if front, [email protected] and
            rear yards of the depth and width specified in the "Yards and Lot Area"
            table are provided and maintained for each such dwelling.
              (d) In the "C" and "Ml" zones, every building hereafter erected on a
            lot which abuts a primary or secondary highway, as shown on a highway
            plan adopted by the Commission or Legislature, shall provide and main-
            tain a front or side yard having a depth or wJdth, as the case maybe, of
            not less than that required to conform to the line of such highway.
              (e) A hotel or motel, while considered a multi-family use, requires a
            minimum of four hundred (400) square feet of lot area per living unit in
            a commercial zone.
              M A Cluster development may 'have a reduction of yards and lot width
            upon approval by the Commission. [Amended by P.L. 10-5, effective Feb-
            ruary 3, 1969.3
              (g) Every building hereafter created on a lot which abuts a primary
            or secondary highway as shown on a highway plan adopted by the Commission
            or Legislature, shall provide and maintain a front yard having a depth of
            not less than that required to conform to the line Of such highway. [En-
            acted 1952; amended by P.L. 9-252, effective August 29, 1968.1
              ï¿½ 17202. Exceptions to yard and area regulations
              (a) No front yard need be provided on a lot in a hillside area where the iopography of the lot is such
            as to make it unreasonable or impractical to locate a building on the lot and provide a front yard.
              (b) No side yard need be provided for a dwelling or hotel erected above the ground floor of a building,
            where the ground floor is designed for, commercial or industrial purposes.
              (c) Cornices, eves, belt courses, siU canopies or other simila architectural features, may project into
            a required side yard not more than two (2) inches for each one (1) foot of width of such side yard and
            may project into any other required yard space not more than thirty (30) inches.
              (d) Open, unenclosed stairways or balconies, not covered by a roof or canopy, may project into a
            required rear yard not more than four (4) feet, and such balconies may project into a required front
            yard not more than six (6) feet.
              (e) Open, unenclosed porches, platforms, places, not covered by a roof or canopy, or landings, which
            do not extend above the level of the drst floor of the building. may project into any required front,
            side or rear yard, not more than six (6) feet.
              (f) A fence, lattice work screen, wall, or hedge, not more than six (6) feet in height, may be located
            in any required front, side or rear yard.
              (g) In computing the lot area of a lot which abuts upon an alley one-half (1/2) the width of such
            alley may be assumed to be assumed to be a portion of the lot.
              (h) Accessory buildings or structures may be located and maintained in a rear yard, except in the
            required ten (10) foot rear yard which is that portion adjoining the rearmost main building on the lot.
            Such building or structures may also be located and maintained in any side yard, except in the required
            eight (8) foot side yards adjoining each of the side lot lines. When such buildings or structures are
            to'be used exclusively for storage or as outdoor cooking facilities, they may be located in a rear yard
            walls erected on the rear and/or side lot lines; provided that such buildings or structure shall not exceed
            sixty (60) square feet of floor space and the roofs thereof shall not project beyond the rear or side lot
            lines and shall be sloped in such a manner as to prevent ram run-off from flowing to adjacent property.
            A storage or cooking facility may only be constiucted on residential lots which meet the yard require-
            ment3 provided by Section 17200 of this Code. (Included in original Government Code of Guam,
            enacted by P. L. 1-88, and amended by P. L. 15-61.)
              ï¿½ 17203. Statement of purpose: building and building height restric-
            tions in beach areas.
              (a) The legislature finds that the indiscriminate building Of structures
            on the beaches of the Territory of Guam creates a menace to the well-








                                              19









         being of the people of the territory by increasing the pollution of tidal
         waters, that such construction, in addition, deprives the people of Guam
         of their right to the untrammeled use of beach areas beyond the high water
         mark, and finally, that such construction destroys the natural beauty of
         Guam's beaches, one of the territory's greatest natural resources. Accor-
         dingly,, it is the purpose of the restrictions nereinafter contained to
         protect -the beaches of Guam for future generations, to alleviate the
         health problems caused by,construction near tidal areas, and to make cer-
         tain that the people of Guam remain free to use the beaches of the ter-
         retory to the maximum,extent not incompatible with private ownership of
         the lands@adjoining said beaches.
           (b) Along any beach in the Territory of Guam, no building may be con-
         3tructed within thirty-five feet (35') of the mean high water mark bound-
         ing said beach, nor may any building higher than twenty feet (201) be
         constructed within 3eventy-five feet (75') of the said mean high water
         mark; provided, however, that if thirty percent (30%) or more of the land
         area of any lot bounded by a beach is affected by the provisions hereof,
         then as to such lot, the building restri-ction is reduced from thirty-five
         feet (35') to twenty feet (201). For purposes of this section the term
         "beach" does not include those areas where the shoreline is a cliff or
         bluff higher than twenty-five feet (25'), nor shall it Include those
         areas where the shoreline is bounded by village lots containing no more
         than a thousand (1000) square meters in those villages wherein residences
         have been constructed along the shoreline since prior to the Second World
         War, and the term "building" includes any structure except a retaining
         wall that cannot be 3een@ (Added by P.L. 12-19, effective April 12,_ 1973.)


                                        CHAPTER VI
                                   Accessory Auildings

             17250.  Location of accessory buildings.

               17250. Location of accessory buildings. In the "A,* *Rl," and "R2"
          zones, no accessory building shall beerected or maintained and no exist-
          Ing building shall be enlarged, moved.or maintained, unless such accessory
          building is located on the lot in conformance with following regulations:
            (a) Every accessory building shall be located on the rear one-half (1/2)
          of the lot and shall be not less than eight (8) feet from the side street
          lot line of a corner lot;
            (b) Every accessory building located in a rear yard (between the rear
          lot line and the rearmost main building on the lot) shall be not '-ess than
          ten (10) feet from said main building and not less than five (5) feet from
          any lot line which is not a street line;
            (c) Every accessory building located in a side yard (between the side
          lot line and side of a main building) shall be not less than five (5) feet
          from such main building and not less than eight (8) feet from the side lot
          line; and
            (d) No accessory building shall be located in a front yard or on the
          front one-half (1/2) of a lot, except on hillside lots where the topogra-
          phy makes it impractical to conform to the other regulations of this ar-
          ticle. [Included in Original Government Code of Guam enacted by P.L. 1-88,
          19c.2.1










                                              20










                                                          CHAPTER VII
                                            Nonconforming Buildings and Uses

                         17300.   Nonconforming buildings.
                         17301.   Nonconforming use of buildings.
                         17302.   Nonconforming use of land.
                         17303.   Nonconforming by reclassification or change.

                           17300. Nonconforming buildings.
                       (a) A nonconforming building may be maintained and repaired', except as
                     otherwise provided in this section.
                       (b) A building nonconforming as to use regulations shall not be added
                     to or enlarged in any manner, unless said building, including such ad-
                     ditions and enlargements, is made to conform to all the regulations of
                     the zone in which it is located.
                       (c) A building nonconforming as to height or yard regulations may be added
                     to or enlarged if such addition or enlargement conform to all the regulations
                     of the zone In which it is located; provided, that a residential building non-
                     conforming as to height regulations may be added to or enlarged notwithstanding 
                     the fact that such addition or enlargement may violate yard regulations, and a
                     building nonconforming as to yard regulations may be added to or enlarged not-
                     withstanding the fact that such addition or enlargement violates height regula-
                     tions. (Added by P.L. 12-160 dated March 29, 1974. The aforementioned provision
                     shall be applied to alterations, addition, or improvements constructed prior to
                     the effective date of this act.)
                       (d) A nonconforming building which is damaged or partially destroyed
                     by fire, flood, wind, earthquake, or other calamity, to the extent of not
                     more than fifty percent (50%) of its value at the time of such damage or
                     destruction, may be restored if the total cost of such restoration does
                     not exceed fifty percent (50%)of the value of the building at the time
                     of such damage or destruction. Where the damage cr destruction exceeds
                     said value, the building shall not be repaired or reconstructed unless
                     the entire building is made to conform to all regulations for a new build-
                     ing in the zone in which it is located.
                       (e) A building nonconforming as to restrictions set forth in ï¿½ 17203 of
                     this Title may be maintained and repaired but may not be enlarged, and in
                     the case of its damage or partial destruction by fire, flood, wind, earth-
                     quake, or other calamity, to the extent of not more than fifty percent
                     (50%) of its replacement cost at the time of such damage or destruction,
                     then it may be restored if the total cost of such restoration does not ex-
                     ceed fifty percent (50%) of the replacement cost of the building at the
                     time of such damage or destruction. Where the damage or destruction ex-
                     ceeds said cost, the building shall not be repaired or reconstructed.
                     [Enacted 1952; subsection (e) added by P.L. 9-163, effective March 7,
                     1968.)

                         17301. Nonconforming use of buildings.
                       (a) The nonconforming use of a building, existing at the time this law
                     became effective, may be continued.             
                       (b) The use of a nonconforming building may be changed to any other use
                     which is permitted in the same zone as the use for which the building or
                     structure is designed or intended. The use of a non-confirming building
                     may also be changed to any use permitted in a more restricted zone class-
                     ification. Where the use of a non-conforming building is hereafter chang-
                     ed to a use of a more restricted zone classification, it shall not there-
                     after be changed to use of a less restricted zone classification. (In-                                                                                                             
                     cluded in Original Government Code of Guam enacted by P.L. 1-88, 1952.)

                           17302. Nonconforming use of land. The nonconforming use of land,
                     existing at the time this law became effective, may be continued expect
                     that such use shall not be extended either on the same or on to adjoin-
                     ing property. Where a nonconforming use of land is discontinued or





                                                                  21
 










                      changed, any future use Of such land shall be In conformity with the pro-
                      Visions of this Title. (Included In Original Government Code of Guam en-
                      acted by P.L. 1-88, 1952.)

                          17303. Nonconforming by reclassification or change. The foregoing
                      provisions of this Title shall also apply to buildings, land and Uses
                      which hereafter become nonconforming due to any classification or reclas-
                      sification of zone or to any change In the provisions of this Title. [In-
                      cluded in Original Government Code of Guam enacted by P.L. 1-88, 1952.)


                                                         CHAPTER V111
                                  Automobile Parking and Loading Space Regulations

                          1735O.   Automobile parking space.
                          17351.   General requirements.
                          173S2.   Loading space

                            1735O. Automobile parking space. Off-street automobile parking
                      space shall be provided as follows:
                        (a) For dwellings, at least one (1) automobile parking space for each dwelling
                      unit. (P.L. 12-163);
                        (b) For hotels, at least one (1) automobile parking space for each four (4)
                      guest rooms (P.L. 12-163);
                        (c) For places of assembly, such as churches, auditorium or theatres with
                      seating facilities, one parking space for each four (4) seats (P.L. 12-163);
                        (d) For places of assembly such as restaurants or night clubs without fixed
                      seating facilites (P.L. 12-163); one (1) parking space for each one hundred
                      (100) square feet of customers area in such use (P.L. 12-163);
                        (e) For retail sales of building materials, and goods requiring extensive
                      display areas, industrial buildings and warehouses., one (1) parking space for
                      each eight hundred (800) square feet of area in such use, exclusive of loading
                      requirements (P.L. 12-163);
                        (f) For retail and wholesale sales and services, exclusive of warehouse activity,
                      at least one (1) space for each one hundred (100) square feet or portion thereof-
                      of usable commerical floor area (P.L. 12-163);
                        (g) For professional and business offices, public administration offices, one (1)
                      parking space for each four hundred (400) square feet or portion thereof of floor
                      area (P.L. 12-177);
                        (h) For offices and clinics, of healing arts, at least five (5) spaces for each
                      practioners (P.L. 12-163);
                        (i) For hospitals and nursing homes, at least one (1) space for each two (2),
                      beds (P.L. 12-163);
                        (J) Three (3) spaces for every four (4) employees (P.L. 12-163);
                        (k) Total parking requirements will be a total of all applicable elements in
                      paragraphs (a) through (k) (P.L. 12-163);
                        (l) Appropriate parking space for open space activites such as swimming,
                      beaches, picnic area, campgrounds, boating areas, shall be determined by the
                      Territorial Planning Commission (P.L. 12-163).

                          17351. General requirements.
                        (a)     Automobile parking space required by this Title shall be provided at
                      the time of the erection of any main building or at the time any existing main
                      building  is enlarged or increased in capacity by adding dwelling units, guest
                      rooms or floor area, and such parking space shall thereafter be maintained
                      (P. L. 12-142);

                        (b)     In the case of a dwelling, the automoblie parking space shall be on
                      the same lot and may be provided either in a private garage or in a private
                      automobile parking area








                                                                   22
 





                     I(c)   In the cA    of multi-r*3idential buildings, churches, theatresg ClirAC3#
                   cawercW or Industrial buildings, the autcmobile parking space shall be an
                   the sa   lot or may be provided In a parking pxage available to the public or
                   a private puidng area adjacent thereto (P. L. 12-142).

                     (d)    Every automobile parking space 3hft11 contain a minimum of one hundred
                   and eighty (180) square feet and &hall have adequate access to a public right-
                   of-may (P. L. 12-142).

                     S 17352. L"dirg "C8. Off-Street loading spaces for every ccmemW or
                   Inchistrial building shall be provided, located and scaled to meet the anticip-
                   ated needs Of all establishments and activities Likely to require such space.
                   In general, off-street loading space shall be located in service areas at the
                   Mar Or Sides of establi&hMeM3 in such a way that there will be minim- inter-
                   ferenC0 with off-street parking or vehicular movement in off-street parking
                   areas (P. L. 12-142).


                                                       CHAPTER IX
                                                   Sign Regulations

                       17400.   Rostriction of use.
                       17401.   Irection of siqns.

                         17400. Restriction of use. No structure of any kind or character
                   erected or maintained for outdoor advertising or identification purposes,
                   upon which any poster, bill, printing, painting, or other advertisement
                   of any kind whatsoever is placed, Including statuary for advertising or
                   indentification purposes, and no card, cloth, paper, metal, painted or
                   wooden sign of any character placed for outdoor advertising or identifi-
                   cation purposes, on or to the ground or any tree, wall, bush, rock, fence,
                   building, structure or thing, either privately or publicly owned, shall
                   be placed or maintained on property adjacent to any highway, road, street,
                   boulevard, lane, court, place, summons, trail, way, or other right of way
                   or easement used for or laid out and intended for public passage of vehi-
                   cles or of vehicles and persons except as provided below:
                     a. In Residential and Agricultural zones no exterior name plate or
                   sign shall be erected, displayed, or maintained, except the following:
                     (1)   One (1) non-moving, non-flashing sign for each family residing on
                           the premises indicating the name of the resident or pertaining to
                           a permitted occupation provided that each such sign does not exceed
                           three (3) square feet in area.
                     (2)   One (1) non-moving, non-flashing sign, not exceeding twelve (12)
                           square feet in area, pertaining to permitted buildings, structures,
                           and uses of the premises other than dwellings and occupations per-
                           mitted therin.
                     (3)   Temporary unlighted signs aggregating not over twenty-four (24)
                           square feet in area pertaining to the sale or lease of the premises.
                     (4)   Unlighted directional signs not exceeding three (3) square feet in
                           area pertaining to churches, schools, institutions and other public
                           or nonprofit uses.
                     b. In commercial zones, no exterior signs shall be erected, displayed
                   or maintained except the following:
                     (1)   Signs indicating the name of a person or the type of business oc-
                           cupying the premises or the name of the building, provided that:
                     (a)   Individual signs shall be non-flashing and non-moving.
                     (b)   Individual signs shall be placed flat on the building wall, shall
                           not be higher than the roof line of the building, and shall project
                           no further than eighteen (18) inches from the wall to which they are
                           attached.
                     (c)   Individual signs shall not cover an area in excess of five percent
                           (05%) of the surface of theiwall to which chev are attached.
                     @(2)  Free Standing, double-faced signs indicating the name of a person
                           or the type of business occupying the premises or :he name of the


                                                                23








                     building, provided that:
               (a)   Such sign shall not exceed forty (40) square feet in area on each
                     face nor twelve (12) feet in height.
               (b)   Such structure shall not be placed closer than ten (10) feet to any
                     street or highway right of way; and
               (c)   One such sign shall be permitted for each premises or building.
                     Amended by [P. L. 15-140, September 5, 1980.]
               c. In Industrial zones no exterior signs shall be erected, displayed
             or maintained except the following:
               (1)   Signs indicating the name of,the person, or the type of industry
                     occupying the premises or the name of the building, provided that:
               (a)   Individual signs shall be non-flashing and non-moving.
               (b)   Individual signs shall be placed flat on the building wall, shall
                     not be higher than the roof line of the building, and shall project
                     no further than eighteen.(18) inches from the wall to which they are
                     attached.
               (c)   Individual signs shall not cover an area in excess of ten percent
                     (10%) of the surface of the wall to which they are attached.
               (2)   Free standing signs identifying the name of the owner or occupant
                     of the premises, or advertising goods manufactured or produced, or
                     services rendered, on the premises, provided that:
               (a)   Such sign shall not exceed sixty (60) square feet in area nor twelve
                     feet (12) in height.
               (b)   Such structure shall not be placed closer than ten (10) feet to any
                     street or highway right of way.
               (c)   Such signs shall be non-moving and non-flashing.
               (d)   One (1) such sign shall be allowed for each industrial structure, or
                     complex of structures housing a single industrial user.
               d. The provisions of this section shall not apply to any sign placed
             by or for purposes of any charitable, religious and civic organization,
             individual or entity, if the same remains posted or erected for a period
             of not more than 31XtY (60) days.


               S 17401. Erection of Signs. All permitted signs shall be erected in
             such a manner as not to create a hazard to publ.            'ic safety or property,
             and shall be resistant to winds, typhoon, earthquake or other natural
             phenomenon. Engineering design shall be based on applicable sections,
             of the Building Law of Guam (Title XXXII Government Code of Guam).
               The Building Official shall set specific engineering design standards.
             Application,accompanied by detailed drawings and specifications shall be
             submitted to the Building Official, who will review said plans and grant
             permit for the erection Of said sign, free-standing or attached. The
             Building Official shall refer said plans to the zoning inspector to as-
             sure conformity to the provisions of this Chapter. (Original Chapter IX,
             consisting of 55 17400-17403 as enacted in 1952 and added by P.L. 2-12,
             effective February 17 1953, was repealed and New Chapter IX (55 17400-
             17401) added by P.L. 4-176, effective August 19, 1966.)


                                                   CHAPTER X
                                                  Junk Yards


                 17425.   Permits required.
                 17426.   IWrovement standards.
                 17427.   Application required.
                 17420.   Hearinq required.
                 17429.   Permit issued or denied.
                 17420.   Nonconforminq junk yards.

                                                         24







             S 17425. Permits required. No person shall establish a junk yard
           or extend the boundries of an existing junk yard without obtaining a
           permit from the Territorial Planning Commission. Junk yards which are
           established on the effective date of this Chapter shall be governed by
           the provisions of 5 17430.

             5 17426. Improvement standards.
             (a) The minimum enclosed area for a junk yard shall be forty thousand
           (40,000) square feet.
             (b) The junk yard shall be,enclosed by a fence not less than eight (8)
           feet in height.
             (c) The junk yard enclosure shall be set back forty (40) feet from any
           public road, and twenty (20) feet from all abutting property lines.
             (d) The exterior yards established by subparagraph (c) above shall be
           maintained in a sanitary and not unsightly manner.

             6 17427. Application required. The owner shall make application for
           the issuance of a permit under this Chapter to the Territorial Planning
           Commission. Such application shall include:
             (a) A statement of intent.
             (b) A map of the general area showing the subject lot and all abutting
           properties, with names and addresses of owners; and
             (c) A proposed site pla.n, showing proposed enclosure, access and egress.

             5  17428.  Hearing required.  Within one (1) month of the first regu-
           larly scheduled Territorial Planning Commission meeting after receipt of
           an application, the Terri'Llorial Planning Commission shall hold a public
           hearing on the proposed junk yard. The Territorial Planning Commission
           shall cause notice of such application and hearing to be sent to abutting
           property owners by registered mail, and advertisement of such hearing to
           appear in a newspaper of general circulation throughout the territory at
           least ten (10) days prior to the hearing.

                17429. Permit issued or denied. After such public hearing, if the
           Territorial Planning Commission determines that the standards set forth
           in 6 17451 are met, the Territorial Planning Commission shall issue a
           permit. Any person aggrieved by a decision of the Territorial Planning
           COMMi33ion-under this section shall have the right to appeal to the Is-
           land Court as provided in S 175o6 of this Title.

             5 17430. Nonconforming junk yards.
             (a) The nonconforming use of a building or premises for the purpose of
           operating a junk yard within any Agricultural (A), Residential (Rl and
           R2), or Commercial Zone (C and LC) shall, within five (5) years after
           the effective date of this Chapter, be discontinued and the building or
           premises thereafter devoted to a.use permitted in the zone in which such
           building or premises are located.
             (b) The nonconforming use of a building or premises for the purpose of
           operating a junk yard within a Light  Industrial (Ml) Zone may continue
           subject to the provisions of Chapter  VII of this Title, provided that it
           is made to conform to the provisions  of ï¿½ 17426 within the (1) year of
           the effective date of this Chapter.   If such action is not taken, the
           provisions of subparagraph (a) shall  apply. [Original Chapter X, consis-
           tine of ï¿½ï¿½ 17450-17453 renumbered to  Chapter XI by P7L. 9-126, approved
           January 29, 1968, effective March 29, 1968. New Chapter X, consisting
           of ï¿½ï¿½ 17425-17430, added by P.L. 9-126, approved January 29, 1968, ef-
           tective March 29, 1968.]






                                               25








                                                    CHAPTER X1
                                      Administration and Enforcement


                  17450.    Enforcement.
                  1701.     Building permit required.
                  174S2.    Building permit not t6 be issued.
                  17453.    License approval required.

                    17450. Enforcement. The Building Official designated in Title
              XXXII of the Government Code of Guam shall have the power and duty to
              enforce the provisions of -this law. All authority granted to him by
              Title XXXII of this Code may be used in furtherance of these enforce-
              ment activities, whenever such authority is necessary and applicable.
              (Included in Original Government Code of Guam enacted by P.L. 1-88,
              1952.1

                5 17451. Building permit required. Before commencing the construc-
              tion of a new building or structure, or 'the alteration, enlargement or
              moving of an existing building or structure, a building permit author-
              izing such work shall first be obtained from the Building Official as
              provided for in Title XXXII of the Government Code of Guam; provided,
              however,     that the Building Official may delegate the authority to is-
              3ue permits outside of the organized villages to the commissioners re-
              ferred to in Title XXVI of this Code. [Amended by P.L. 2-21, effective
              June 23, 1953; included in Original Government Code of Guam ena,.ted by
              P.L. 1-88, 1952.1

                 S 17452. Building permit not to be issued. No building permit or
              certificate of occupancy shall be issued by the Building Official for
              the erection, alteration, enlargement, or use of any building or struc-
              ture or part thereof, or for the use of any land, which is not in ac-
              cordance with all provisions of this law. Any building permit or cer-
              tificate of occupancy issued in conflict with the provisions of this
              Title, shall be null and void. [included in Origihal Government Code of
              Guam enacted by P.L. 1-889 1952.1

                 S 17453. License approval required. No license pertaining to the
              use of land or building shall be issued by any department, officer or
              employee of the government of Guam, vested with such duty, unless the
              application for such license has been approved by the Building Official
              as to the conformance of said use with the provisions of this Title.
              Any license issued in conflict with the provisions of this Title shall
              be null and void. (Included in Original Government Code of Guam enacted
              by P.L. 1-88, 1952.1 [Renumbered to Chapter XI from original Chapter X
              by P.L. 9-126, approved January 29, 1968, effective March 29, 1968.1


                                                    CHAPTER X11
                                               Appeals and Reviews

                   17500.   Appeals involving admini3tration enforcement.
                   17501.   Variances.
                   17502.   Variance requirements.
                   17503.   Variance application - form and contents.
                   17504.   Hearing date - notice.








                                                          26








              17505.  Decision by Territorial Planning Commission.
              17506.  Decision final - appeal.
              17507.  Jurisdiction.

                 17500.  Appeals involving administration enforcement.      The Terri-
           torial Planning Commission shall also have and exercise the following
           powers:
             (a) To hear and decide appeals where-it is alleged by the appellant
           that there is an error in any refusal of a building permit or certifi-
           cate of occupancy, or other order, requirement, or decision made by the
           Building Official or other administration official in the administration
           of this Title; and
             (b) To hear and decide appeals from any order, requirement, decision
           or determination made by the Building Official in the enforcement of the
           provisions of this Title.
             The procedure for filing such appeals as well as the procedure govern-
           ing the actions of the Commission theron, shall be similar as that set
           forth in ï¿½ï¿½ 31062-31071 inclusive of Title XXXII of the Government Code
           of Guam. [Enacted 1952; amended by P.L. 7-91, effective February 13,1964.1

             ï¿½ 17501. Variances. Where practical difficulties, unnecessary hard-
           ships, or results inconsistent with the general purposes of this Title
           would occur from its strict literal interpretation or enforcement, the
           Territorial Planning Commission shall have authority to grant such var-
           iances therefrom as may be in harmony with its general purpose and intent,
           so that the spirit of the law shall be observed, public safety secured,
           and substantial justice done, including the following:
             (a) Permit the extension of an existing or proposed conforming build-
           ing or use into and adjoining more restricted zone for a distance not
           exceeding fifty (50) feet;
             (b) Permit a building or use (including automobile parking) on a lot
           immediately adjoining or across an alley from a less restricted zone,
           upon such conditions and safeguards as will tend to cause an effective
           transition from the less restricted to the more restricted zone;
             (c) Permit the addition, enlargement or moving of a nonconforming build-
           ing or structure;
             (d) Permit such modification of the height regulations as may be nec-
           essary to secure an appropriate building or structure on a lot which has
           such physical characteristics or is so located with relation to surround-
           ing development that it cannot be properly improved without such modifi-
           cation;
             (e) Permit such modification of the yard, lot width or lot area reg-
           ulations or requirements as may be necessary to secure an appropriate
           building or structure on a lot which is of such size, shape or topogra-
           phy, or is located In relation   to adjacent property or Imptovements that
           It cannot be appropriately improved Without such modification;
             M Permit such modifications on the lot area per dwelling unit (den-
           sity@ requirements as may be necessary to secure an appropriate develop-
           ment of a lot in keeping with its size and location;
             (g) Permit the modification or waiver of the automobile parking space
           or loading space requirements where such modification would not be in-
           consistent with the purpose of this Title;
             (h) Permit temporary buildings or uses for a period not to exceed two
           (2) years in undeveloped areas;
             (I) Permit the following uses in -zones from which theyare prohibited
           by this Title: Governmental enterprises; public utilities and public







                                                 27








           service uses or structures; hospitals or institutions; or development
           of natural resources.
             (j) Permit the construction of buildings in violation of the restric-
           tion3 Of 5 17203 of this Title. [Enacted 1952; Subsection (j) added by
           P.L. 9-163, effective March 7, 1968.1

               17501 (k). 15 17501 (J)J. "Permit the owner of a lot in a rural
           zone to parcel therefrom one lot not less than ten thousand (10,000)
           square feet in area to be used for a single family residence, such var-
           lance to be conditioned upon a prohibition on any subsequent parcelling
           of the lot and that the parcelled out lot be served by water and power
           and a public road." [Subparagraph (k) added as (j) by P.L. 10-173, ef-
           fective August 15, 1970; relettered to (k) by Editor.]

             S 17502. Variance requirements. No variance shall be granted by the.
           Commission unless it finds:
             (a) That the strict application of the provisions of this Title would
           result in practical difficulties or unnecessary hardships inconsistent
           with the general purpose and intent of the law;
             (b) That there are exceptional circumstances or conditions applicable
           to the property involved or to the intended'use thereof that do not
           apply generally to other property in the same zone.
             (c) That the granting of the variance.will not be materially detrimen-
           tal to the public welfare or injurious to the property or improvements
           in th zone or neighborhood in which the property is located; and
             (d) That the granting Of such variance will not be contrary to the ob-
           jectives of any part of the "Master Plan" adopted by the Commission or
           Legislature.
             (e) That, as to variances from the restrictions of ï¿½ 17203 of this
           Title, the proposed building will,substantially enhance the recreational,
           aesthetic or commercial value of the beach area upon which the building
           Is to be constructed and that such building will not interfere with or ad-
           versely affect the surrounding property owners' or the public's right to
           an untrammeled use of the beach and its natural beauty. [Subsection (e)
           added by P.L. 9-163, effective March 7, 1968.]
             The above requirements need not apply to the types of uses specified
           in S 17501 (1), and variances for.such uses shall only be granted by the
           Commission where it finds that they are deemed essential or desirable to
           the public convenience or welfare, are in harmony with the various ele-
           ment3 or objectives of the'"Ma:ster Plan," and will not be materially det-
           rimental or injurious to the property or improvements in the immediate
           neighborhood. [Included in Original Government Code of Guam enacted by
           P.L. 1-88, 1952.1

             S 17503. Variance application - form and contents. An application
           for variance shall be filed with the Executive Secretary of the Commis-
           sion upon a form and accompanied by such data and information as the
           Commission may prescribe. [Inaluded In Original Government Code of Guam
           enacted by P.L. 1-88, 1952.1

             5 17504. Hearing date - notice. Upon the filing of variance ap-
           plication the Commission shall fix a reasonable time for hearing the
           same and shall give notice thereof to the applicant and may give notice
           to any other parties in Interest. All hearings shall be conducted ac-
           cording to rules established by the Commission, but any party in Inter-
           e3t may appear in person, or by designated attorney or agent.CIncluded
           in Original Government Code,of Guam enacted by P.L. 11-88, 19152.]






                                              28








                    17505. Decision by Territorial Planning Commission. If, from the
              facts presented with the application at the hearing, or by Investigation
              by or at the instance of the Commission, the Commission makes the find-
              ings set forth In S 17502, it may grant the variance in whole or in part,
              upon such terms and conditions as it deems necessary to conform to the
              general intent and purpose of this law. If the Commission fails to make
              said findings, it shall deny the application. Each decision by the Com-
              Mission authorizing a variance from the regulations herein established
              must be by resolution adopted by a majority of its membership, setting
              forth in writing the findings required by ï¿½ 17502, except that no writ-
              ten findings shall be required in granting minor variances from the
              height, yard, lot width, lot area or lot area per dwelling unit require-@
              ment3. The Commission shall make its decision on each variance applica-
              tion within a reasonable time and shall forthwith furnish a copy thereof
              to the applicant and to other parties in Interest who have requested to
              be notified. Additional copies of the decision shall be filed in the
              records of the Department of Public Works. If the decision filed invol-
              ves a variance granted by the Commission, said variance shall be the au-
              thority for the Director of Land Management to endorse and to Issue any
              building permit or certificate of occupancy in conformance thereto and
              for the approval of any application for the approval of a required lic-
              ense. [Included in Original Government Code of Guam enacted by P.L. 1-88,
              1952.]

                S 17506. Decision final - appeal. The decision by the Commission on
              a.ny variance shall be final, except that any party aggrieved by such de-
              cision.shall be entitled to a judicial review thereof by application to
              the Island Court within fifteen (15) days after the filing of the Com-
              mission's decision in the Department of Land Management and the Depart-
              ment of Public Works. [Included in Original Government Code of Guam en-
              acted by P.L. 1-88, 1952.]

                    17507. Jurisdiction. The Island Court of Guam shall have juris-
              diction over all actions arising from the provisions of this Title.
              [added by P.L. 7-91, effective February 13, 1964..] [Chapter XII renum-
              bered from original Chapter XI by P.L. 9-126, approved January 29, 1968,
              effective March 29, 1968.1


                                                 CHAPTER X111
                                               Changes of Zones

                  17600.    Requirements for changes.
                  17601.    Procedure.
                  17602.    Application - form and contents.
                  17603.    Hearing date - notice.
                  17604.    Decision by Commission.
                  17605.    Planned development districts.
                  17606.    Change of "Zoning Kap.N
                  11607.    Zone Restricts

                    17600. Requirements for changes. The Commission may, with the ap-
              proval of the,Governor, change the zones established under this Title
              whenever it finds that the public necessity, convenience and general wel-
              fare justify such action. [Enacted 1952; repealed and added by P.L. 6-136,
              effective December 18, 1962.3





                                                           29








              17601. Procedure. A proposed change may be initiated by the Com-
          Mission or by an application directed to the Commission by any person
          owning or leasing redl property within the area covered by the zone. [En-
          acted 1952; repealed and added by P.L. 6-136, effective December 18,
          1962.]

              17602. Application     form and contents. An application for a
          change of zone shall be filed with the Commission upon a form and accom-
          panied by such data and information.as the Commission may prescribe. [en-
          acted 1952; repealed and added by P.L. 6-136, effective December 18,
          1962.]

            ï¿½ 17603. Hearing date - notice. Upon the filing of an application
          for change of zone, the Commission shall hold at least one (1) hearing
          thereon in the municipal district where the property to be rezoned is
          located, as such districts are described in Chapter I of Title XVI of
          this Code, notice of time and place of which shall be given by at least
          one (1) publication in a newspaper of general circulation, at least ten
          (10) days before'the day of said hearing, and by mail to the Commission-
          er of the municipal district concerned, and to those landowners owning
          land within five hundred (500) feet of the propert@ for which rezoning
          is requested, the mailing addresses for such landowners to be in the
          Real Estate Tax records. (Amended by P.L. 10-158, effective July 3, 1970.3

            ï¿½ 17604. Decision by Commission.     The Commission shall consider the
          proposed change of zone and may approve or disapprove the same, in whole
          or in part. The Commission shall make its findings and determinations
          within forty (40) days Afrom the date of the hearing thereon and shall
          forward notice of such decision to the applicant, if any. If the ap-
          plication is approved in whole or in part by the Commission, the same
          shall be forwarded to the Governor who may approve or disapprove the pro-
          posed change in whole or in part. [Enacted 1952; repealed and added by
          P.L. 6-136,-effective December 18, 1962.]

            ï¿½ 17605. Planned development districts. A "PD" District enables the
          unified development of a substantial land area with such combination of
          uses as shall be appropriate to an integrated plan for the a.rea. The
          procedure for establishing a "PD" District is the same as that for the
          rezoning of an area, providing that a'detailed plan be submitted to and
          discussed with the Territorial Planning Commission. The application
          shall be accompanied by the appropriate fee and the detailed plan, or
          revision thereof. The Territorial Planning Commission may approve the
          detailed plan and rezoning, following the required hearing, upon find-
          ings that the plan, considering structures, uses, access, regulations
          and layout fixed in it, comprises:
            (a) An area of sufficient acreage to constitute a large planning unit
          having special attributes for integrated development;
            (b) An appropriate development of the area from the viewpoints of its
          natural features, location and suitability for particular uses;
            (c) A combination-Of structures and uses which are in reasonable as-
          30Ciation and proportion to make a harmonious unit and likely to contin-
          ue compatibly with one another;
            (d) All structures, including accessory structures, shall not cover
          more that thirty percent (30%) of the area;
            (e) A project adequately serviced by the necessary public services,
          existing or proposed;







                                              30








           (f) A project consisten with an appropriate development of adjacent
         areas and not unreasonably detrimental to the existing structures and
         Uses in such areas; and
           (g) An appropriate evolution of the comprehensive plan for that portion
         of the territory.
           In approving a detailed development plan, the Territorial Planning Com-
         Mission may impose such regulations of yards, open space, lot coverage,
         density, and height as are reasonably required to permit the foregoing
         findings. [Enacted 1952; repealed and added by P.L. 6-136, effective Dec-
         ember 18, 1962; repealed and added by P.L. 9-232, effective August 10,
         1968.1
           1 17606. Change of *Zoning Map." Any change of zones or approval of
         comprehensive community plan pursuant to this Chapter shall be endorsed
         and delineated upon the "Zoning Map" and shall constiture an amendment of
         said map. (Added by P.L. 6-136, effective December 18, 1962.3 [Chapter
         XIII renumber from original Chapter XII by P.L. 9-126, approved January
         29, 1968, effective March 29, 1968.1
           ï¿½ 17607. No additional land may be established as '11aral Zone" and no land
         presently zoned "A" nay be rezoned without the Camdssion first having consid-
         ered by the Director of the Department of Agriculture. This stateme-rit shall
         provide a detailed statenent of: ,
                 a)  The agricultural impact of the proposed rezoning upon the
                     agricultural canponents of the Guam Master Plan.
                 b)  Any adverse conservation or agricultural effects which cannot
                     be avoided should the rezoning be approved.
                 c)  The Director's opinion whether said rezoning should be approved
                     and reasons therefore. (Added by P. L. 12-208)
                                       CHAPTER XIV
                        Recording   Submission to the Legislature

             17625.  Recording.
             17626.  Inspection.
             17627.  Sul-ission to the Legislature.
             17628.  Failure to sllknit.

              17625. Recording. Upon the approval of any "Zoning Map" or amend-
         ment thereto, a copy of same shall be recorded in the Department of Land
         Management.
           S 17626. Inspection. Any "Zoning Map" or amendment thereto recorded
         pursuant to  this Chapter shall be open to public inspection during normal
         government business hours.
           S 17627. Submission to the Legislature. The "Zoning Map" or amend-
         ment thereto adopted by the Commission and approved by the Governor
         shall be submitted to the next portion of the next regularsession of
         the Legislature convening after the said approval. The "Zoning Map" or
         any amendments thereto shall remain in effect unless amended or repealed
         by statute.
           ï¿½ 17628. Failure to submit. The "Zoning Map" or any amendments there-
         to not submitted to the Legislature in accordance with this Chapter shall
         become automatically inoperative and void at midnight of the last day of
         the session to which It should have been submitted.
           (Editor's Note: Chapter XIV was added as new Chapter XIII by P.L. 6-136,
         effective December 18, 1962. Original Chapter XIII, as enacted in 1952,
         was renumbered to Chapter XIV,by P.L. 6-136, effective' December 18, 1962.
         New Chapter XIII and old Chapter XIV were renumbered to present Chapters
         XIV and XV respectively by P.L. 9-12 , approved January 29, 1968, and ef-
         fective March 29, 1968.3

                                               31









                                        CHAPTER XV

                                           Fees


             17650.  Filing fees for app"ls - vaciances - changes of zones.

               17650. Filing fees for appeals - variances - changes of zones.
          Before accepting for filing any application hereafter mentioned, the
          Commission shall charge and collect-the following filing fees:
            (a) For Appeals                                            $ 10.00
            (b) For variances                                          $ 15.00
            (c) For changes of zones                                   $ 10.00
          [Amended by P.L. 10-156, effective'JulY 3, 1970.3


                                        CHAPTER XVI
                                   Penalty for violation

             17*700. Penalty

               17700. Penalty. Any person, firm, corporation or officer thereof,
          violating any of the provisions of this Title shall be guilty of a mis-
          demeanor and, upon conviction thereof, shall be punishable by a fine of
          not more than one hundred dollars ($100.00) or by imprisonment in jail
          for a period of not more than one (1) month, or by both such fine and
          imprisonment.  Such person, firm or corporation shall be deemed guilty-
          for each day during any portion of which any violation is committed,
          continued, or permitted and shall be punishable as herein provided. (In-
          cluded in Original Govern.ment Code of Guam enacted by P.L. 1-88, 1952,
          as Chapter XIV; renumbered to Chapter XV by P.L. 6-136, effective Decem-
          ber 18, 1962; further renumbered to Chapter XVI by P.L. 9-126, approved
          January 29, 1968, effective March 29, 1968.3






























                                              32





















                APPENDIX B




   TERRITORIAL SEASHORE PROTECTION ACT




                TITLE XIV











                                 GOVERNMENT CODE


                                    TITLE XIV


                             SEASHOREPROTECTION ACT


                                   CHAPTER V-A



            Section  13410   Guam Territorial Seashore Protection Act
                     13411   General Provisions
                     13412   Definitions
                     13413   Commissions
                     13414   Conflict of Interest and Prohibitions
                     13415   Power and Duties of the Commission
                     13416   Commission's Responsibilities
                     13417   Permit Control
                     13418   Penalties
                     13419   Severability
                     13420   Authorization and Appropriation'

            Section 13410. This Chapter may be cited as the Guam
        Territorial Seashore Protection Act of 1974 enacted P.L.
        12-108, 1974.

            Section 13411. The people of the territory of Guam hereby
        find and declare that the Guam Territorial Seashore Reserve
        is a distinct and valuable natural resource belonging to all
        the people of Guam and existing as a delicately balanced ecosystem;
        that the permanent protection of the natural, scenic, and
        historical resources of the seashore reserve is a paramount
        concern to the present and future residents of this island;
        that in order to promote the public safety, health, and
        welfare, and to protect public and private property, wildlife,
        marinelife, and other ocean resources, and the natural
        environment, it is necessary to preserve the the ecological
        balance of the seashore reserve and prevent its deterioration
        and destruction; that it is the policy of this territory
        to preserve and protect the resources of the seashore
        reserve for the enjoyment of the current and succeeding
        generations, and that to protect the seashore reserve, it
        is necessary:

             (a) To study the seashore reserve to determine the
        ecological planning principles and assumptions needed to
        ensure conservation of its resources;










                                           33







               (b) To prepare, based upon such study and in full
          consultation with all affected governmental agencies
          and departments, private interests and the general public,
          a comprehensive, coordinated, enforceable plan for the
          orderly, long-range conservation, management and develop-
          ment of the seashore reserve;

               (c) To ensure that any development which occurs in
          the seashore reserve during the study and planning period
          will be consistent with the objectives of this Chapter;

               (d) That the Board of Directors, Territorial Seashore
          Protection Commission is hereby charged with the responsi-
          bility of implementing the provisions of this Chapter.

               Section 13412. Definitions. (a) 'Commission' means
          Guam Territorial Seashore Protection Commission.


               (b) 'Board' means the Board of Directors of the Commission.

               (c) 'Seashore reservel means that land and water area
          of Guam extending seaward to the ten fathom contour, including
          all islands within the Government's jurisdiction except
          Cabras and these villages wherein residences have been
          constructed along the shoreline prior to the effective date
          of the Seashore Act, and extended inland to the nearest of
          the following points:

               (1) From the mean high water one for a distance on a
          horizontal plane of ten (10) meters.

               (2) From the mean high water line to the inl&nd edge of
          the nearest public right-of-way, P.L. 13-154, 1976.

               (d) 'Development *I means, on land, in or under water, the
          placement or erection of any solid material or structure;
          discharge of disposal of any dredged material or of any
          gaseous, liquid, solid, or thermal waste; grading, removing,
          dredging, mining, or extraction of any materials; change
          in the density@ or intensity of use of land, including, bUt
          not limited to, subdivison of land and any other division of land
          including lot splits; change in the intensity of use of
          water, ecology related thereto, or of access thereto; con-
          struction or reconstruction, demolition, or alteration of the
          size of any structure, inclfiding any facility of any private,
          public, or municipal utility, and. the removal:of major
          vegetation.









                                           34







              (e) 'Improved residential property' means a detached,
          noncommercial residential dwelling, the construction of
          which was begun before September 1, 1972, together with
          so much of the land on which the dwelling is situated, the
          said land being in the same ownership as the dwelling,
          as the Commission shall designate to be reasonably necessary
          for the enjoyment of the dwelling for the sole purpose
          of noncommercial residential use, together with any
          structures accessory to the dwelling which are situated on
          the land so designated.

              (f) 'Person' includes any individual, organization,
          partnership, and corporation, including any utility and any
          agency of federal, territorial, and local government.

              (g) 'Plan' means the Guam Seashore Reserve Plan.

              (h) 'Sea' means the Pacific Ocean or the Philippine Sea.

              Section 13413. Commission Creation, Membership and
          Compensation. (a) There is hereby created a Guam Territorial
          Seashore Protection Commission (heareinafter referred to as
          the 'Commission'), consisting of the seven members of
          the Territorial Planning C6mmission and the members
          shall hold office so long as they remain ffiembers of the
          Territorial Planning Commission. P.L. 13-52, 1975

              (b) Commission members shall serve without compensation
          except that each member shall be paid a per them of Twenty-
          Five Dollars ($25.00) for each days' attendance at a meeting
          of the Commission. Each member shall also be allowed actual
          expenses incurred in the discharge of his duties."     P.L. 13-52.

              Section 13414. Conflict of interest. (a) No member of
          the Commission or employee of the Commission shall participate,
          in any official capacity whatsoever, in any proceeding,
          hearing, application, request for ruling or other official
          determination, judicial or otherwise, in which any of the
          following has a finanacial interest: the member or employee
          himself; his spouse; his child; his partner; any organization
          in which he is then serving or has, within two (2) years
          prior to his selection or appointment to or employment by the
          Commission, served in the capacity of officer, director,
          trustee, partner, employer or employee; any organization
          within which he is negotiating for or has any arrangement
          or understanding concerning prospective partnership or
          employment.









                                          35








             (b) In any case within the coverage of this section, the
         prohibitions herein contained shall not apply if the person
         concerned advises the Board in advance of the nature and
         circumstances thereof, including full public disclosure
         of the facts which may potentially give rise to a violation
         of this article, and obtains from the Board a written
         determination that the contemplated action will not adversely
         affect the integrity of the Commission. Any such determination
         shall require the affirmative vote of two-thirds of the
         members of the Board.

             (c) Any person who violatds any provision of this
         section shall, upon conviction, and for each such offense,
         by subject to a fine of not more than Ten Thousand Dollars
         ($10,000) or imprisonment for not more than two (2) years,
         or both.

             Section 13415. Powers and Duties. The Board may:

             (a) Accept grants, contributions, and appropriations.-

             (b) Employ and fix the compensation, in accordance with
         law, of such professional clerical and other assistants as
         may be necessary;

             (c) (1) Through coordination and assistance with other
         government departments and agencies, acquired lands, waters,
         and interests therein with the boundaries of the seashore
         reserve, by donation, purchase with donated or appropriated
         funds, by exchange for government land, or transfer. All
         property owned by the territory of Guam within the seashore
         reserve is hereby dedicated for the purpose of this
         Chapter.

             (2) With respect to improved  residential property acquired
         for the purposes of this Chapter, which is beneficially
         owned by a natural person and which the Board determines
         can be continued in that use for a limited period of time
         without undue interference with the administration, development,
         or public use of the coastal reserve, the owner thereof may
         on the date of its acquisition by the Commission retain a
         right of use and occupancy of the property for noncommercial
         residential purposes for a term, as the owner may elect,
         ending either (a) at the death of the owner or his spouse,
         whichever occurs later, or (b) not more than twenty-five (25)
         years from the date of acquisition. Any right so zetained
         may during its existence be transferred or assigned. The
         Commission shall have paid to such owner the fair market value of
         the property on the date of such acquisition, less the fair
         market value on such date of the right retained by the owner.






                                         36







             (3) The Board may terminate a right of use and occupancy
          retained pursuant to this subsection upon a determination that such
          use and occupancy is being exercised in a manner not consistent
          with the purposes of this Chapter, and upon tender to the
          holder of the right an amount equal to the fair market value
          of that portion of the right which remains unexpired on the
          date of termination;

               (d) Contract for any professional services if such work
          or services cannot satisfactorily be performed by its
          employees;

               (e) Be sued and sue to obtain any remedy to restrain viola-
          tions of this Chapter. Upon the request of the Commission,
          the Attorney General shall provide necessary legal representa-
          tion;

               (f) Adopt any regulations or take any action it
          deems reasonable and necessary to carry out the provisions
          of this Chapter, but no regulations shall be adopted without
          a prior public hearing.

               Section 13416. Commission responsibilities. The Commission
          shall:

               (a) Elect a chairman.

               (b) Appoint an Administrator who shall not be a member
          of the Commission and who shall have the responsibility for
          the admihistration of this Act under the supervision of the
          Commission.

               (c) Prepare, adopt and submit to the Legislature for
          implementation the Guam.Seashore Reserve Plan.

                   (1) The plan shall be based on detailed studies of
          all the factors that significantly affect the seashore
          reserve.


                   (2) The plan shall be consistent with all of the
          following objectives:

                        (a) The maintenance, restoration, and enhancement
          of the overall quality of the seashore reserve environment,
          including, but not limited to, its amenities and aesthetic
          values.

                        (b) The continued existence of optimin
          populations of all species of living organism.







                                            37








                       (c) The orderly, balance utilization and
           preservation, consistent with sound conservation principles,
           of all living and nonliving seahsore reserve resources.

                       (d) Avoidance of irreversible and irretrievable
           commitments of seashore reserve resources.

                       (e) Public access for maximum visual and
           physical use and enjoyment of the seashore reserve by the
           public.

                   (3) The plan shall consist of such maps, text and
           statements of policies and objectives as the Commission
           determines are necessary.

                   (4) The plan shall contain at least the following
           specific components:

                       (a) A precise, comprehensive definition of
           the public interest in the seashore reserve.

                       (b) Ecological planning principles and assumptions
           to be used in determining the suitability and extent of
           allowable development..

                       (c) A component which includes the following
           elements:


                            (1) A land-use element.

                            (2) A conservation for the preservation and
           management of the scenic and othernatural resources of the
           seashore reserve.

                            (3) A public access for maximum visual and
           physical use and enjoyment of the coastal reserve by the
           public.

                            (4) A recreation element.

                            (5) A populatin element for the establishment
           of maximum desirable populations densities.

                            (6) An educational or scientific use
           element.

                       (d) Reservations of land or water in the seashore
           reserve for certain uses, or the-prohibition of certain uses,
           in specific areas.







                                         38







                   (6) Recommendations for the governmental policies
        and powers required to implement the planning including the
        organization and authority of the governmental agency or
        agencies which should assume permanent responsibility for
        its implementation.

           (d) Publish objectives, guidelines,.and criteria for
        the collection of data, the conduct of studies, and.the
        preparation of recommendations for the plan within six (6)
        months after its first meeting.

           (e) Prepare its definitive conclusions and recommendations,
        including recommendations for areas that should be reserved
        for specific uses or within which specific uses should be
        prohibited, which it shall, after public hearing, adopt and
        submit to the Legislature no later than January 1976, P.L.
        12-210.

           M On or before December 1 1975, adopt the coastal
        reserve plan and submit it to the Legislature for its
        adoption and implementation.

           Section 13417. Interim permit control.

            (a) General provisions.

                (1) On or after June 1, 1974 any person wishing to
        perform any development within the seashore reserve shall
        obtain a permit authorizing such development from the
        Commission, and, if required by law, from any other governmental de-
        partment or agency. No permit shall be issued without the affirma-
        tive voteof a majority of the Board members, P.L. 12-210.

                (2) No permit shall be issued unless the Board has
        first found:

                    (a) That the development will not have any substantial
        adverse environmental or ecological effect, and

                    (b) That the development is consistent with the
        purpose and objectives of this Chapter. The applicant-shall
        have the burden of proof on all issues.

                (3) All permits shall be subject or reasonable terms
        and conditions in order to ensure that:


                        (a) Access to beaches, recreation and
        historical areas, and natural reserves is increased to the
        maximum extent possible by appropriate dedication.







                                         39








                          (b) There is no substantial interference
         with or detraction from the line of sight toward the sea
         from the territorial highway nearest the coast.

                          (c) Adequate and properly located public
         recreation areas and wildlife preserves are reserved.

                          (d) Provisions are made for solid and,liquid
         waste treatment'. disposition, and management which will
         minimize adverse effects upon coastal reserve resources.

                          (e) Alterations to existing land forms and
         vegetation, and construction of structures bhall cause
         minimum danger of floods, landslides, erosion orsiltation.

                  (4) If prior to the effective date of this Chapter,
         ï¿½ building permit has been issued, no person who has obtained
         ï¿½ vested right thereunder shall be required to secure a
         permit under this section, provided that no substantial
         changes may be made in any such development, except inaccordance
         with the provisions of this Chapter. Any such person shall
         be deemed to have such vested rights if, prior to April 1,
         1973 he has in good faith and in reliance upon the building
         permit diligently commenced construction and performed
         substantial work and materials necessary thereof.

                  (5) Notwithstanding any provision in this section to
         the contrary, no permit shall be required for the following
         types of development:

                      (a) Repairs and improvements not in excess of
         Seven Thousand Five Hundred Dollars ($7,500) to existing
         single-family residences; provided that the Agency shall
         specify by regulations those classes of development which
         involve a risk of adverse environmental effect and may require
         that a permit be obtained.

                      (b) Maintenance dredging of existing navigation
         channels or moving dredged material from such channels to a
         disposal area outside the coastal reserve, pursuant to a
         permit from the United States Army Corps of Engineers.

              (b) Pe rmit procedure.

                  (1) The Board shall prescribe the procedures for
         permit applications and may require a reasonable filing
         fee and the reimbursement of expenses.

                  (2) The Board shall give written public hearing.
         Such hearing shall be set no less than twenty-one (21)
         nor more than ninety (90) days after the date on which the
         application is filed.




                                         40







                   (3) The Board shall act upon as application for
           permit within sixty (60) days after the conclusion of the
           hearing.

                 . (4) Any person including an applicant for a permit,
           aggrieved by the decision or action of the Board shall have
           a right to judicial review of such decision or action by
           filing a petition for a writ of mandamus, pursuant to
           Section 1084 et. sec. of Civil Procedure Code of Guam
           within sixty (60) days after such decision or action is made.

                   (5) Any person may maintain an action for declaratory
           and equitable relief to restrain violation of this
           Chapter. No bond shall be require for an action under this
           subsection.

                   (6) Any person may maintain an action for the recover
           of civil penalties provided in Section 13418.

                   (7) The provisions of this section shall be in
           addition to any other remedies available at law.

                   (8) Any person who prevails in a civil action
           brought to enjoin a violation of this Chapter or to recover
           civil penalties shall be awarded.his costs, including
           reasonable attorneys fees.

               Section 13418. Penalties.    (a) Any person who violates
           any provisions of this Chapter shall be subject to a civil
           fine not to exceed Ten Thousand Dollars ($10,000).

               (b) In addition to any other penalties, any person who
           performs any development in violation of this Chapter
           shall be subject to a civil fine not to exceed Five Hundred
           Dollars ($500) per day for each day in which such violation
           persists.

               Section 13419. Severability. If any provision    of this
           Chapter or the application thereof to any person or
           circumstances is held invalid, such invalidity shall not
           affect other provisions or applications of the Chapter
           which can be given effect without the invalid provision
           or application, and to this end the provisions of the Act are
           severable.

               Section 13420. Authorization for appropriation. There
           are hereby authorized to be appropriated such sums as may
           be necessary to carry; out the purposes of this Chapter."







                                         41





















                APPENDIX C




             SUBDIVISION LAW




                TITLE XIX








                                                   TITLE XIX
                                               Subdivision Law

                  Chapter 1.     General Provisions.
                           II.   Procedure for Subdividing Land.
                         111.    Lot Parcelling and Agricultural Subdivisions.
                           IV.   Requirements for Plans and Maps.
                            V.   Improvements.
                           VI.   Variances and Appeals.
                         VII.    Ponalties,,Amendments, Interpretation and Separability.


                                                   CHAPTER I
                                            General Provisions
                      18000.   Title.
                      18001.   Purpose and intent.
                      18001.1  Compliance iwith Master Plan.
                      18001.5  Decedents' estates.
                      18002.   Definitions.
                      18003.   Authority of the Courdssion.
                      18004.   Commission approval.
                      18005.   General requirements for subdivisions.

                        18000. Title.   This Title shall be known as "rj7* Subdivision
                  Law." [Enacted 1952;  repealed and added by P. L. 6-134, effective
                  December 18, 1962.1

                   S 18001. Purpose     and Intent. The purpose of this Title and of any
                  rules, regulations, specifications and standards adopted pursuant and/
                  or subdivision of any land for any purpose whatsoever. Such control
                  and regulation is determined to be necessary to provide for the orderly
                  growth and harmonious development of the territory; to Insure adequate
                  traffic circulation thrajgh coordinated street, road and highway system;
                  to achieve propertylots of maxian utility, and livability; to secure
                  adequate provisions for water supply, drainage, sanitary sewerage and
                  other health requirv--ents; to permit the conveyance of land by accurate
                  legal description; and to provide logical procedures for the achievement
                  of this purpose. (Amended by P. L. 12-90)

                       18001.1 Compliance with Master Plan. Development wxVor subdivison
                  of a-U lands and roads shall conform to that land use or road location
                  delineated in the latest revision of the Territorial Master Plan
                  initially approved in April, 1967.
                      (a) Construction on land designated for future road or public
                         purposes, contary to the use indicated in the Master Plan,
                         shall not be authorized, irrespective of land ownership.
                      (b) Specifications for construction, repair and/or reconstruction
                         of roads shall conform to Departrent of Public Works standards
                         and shall follow requJ-rements delineated for that zone In
                         which the subdivision or construction is located.
                         (Amended by P.L. 12-90)

                       18001.5. Exemtioms: decedents' estates: parental division of
                  property.
                      (a) Chapter V of this Title shall not apply to land which is an
                         asset of the estate of a decendent, provided however, that
                         before the distributicn of any such land by the Court, the
                         Territorial Planner or the Camdssicn shall require street
                         and utility easements on said land to insured lot division
                         consistent with the general plan; further provided however,
                         that the mtnimum size of each lot shall be no less tha@i
                         10,000 sqjare feet;.


                                                           42






                l(b) Chapter V of this Title shall also not apply to land which has been
               owned in fee siMle for a period of not less than five (5) years OY
               a person who divides said Laid among his Living children or their
               descendants by way of inter vivos gift; provided, however, that such
               land shall be deeded to said children or descendents in fee siMle
               and said deeds shall contain alienation clauses to the effect that
               the children or descendants shall not sell, lease or otherwise
               alienate such lots for a period of at least five (5) years, the
               Territorial Planner or the Commission shall requixV street and
               utility easements on said land to insure lot divisions consistent
               with the general plan and that the,mininn size of each lot shall
               be no less than 10,000 square fee." (Arended by P.L. 13-153)
                 5 18002.  Definitions. The following words and phrases, when
               used herein, shall have the meaning respectively hereto ascribed
               to them, except where a different meaning may be clearly indicated
               by the context:
                 (a)."Agricultuml Subdivisicn" shall mean a subdivision having no lots,
               parcels or sites smaller than forty thousand (40,000) square 1,eet
               and in which all lots, parcels or sites are used principally for
               agriculture, single family residence sites or as an agriculture-
               homesite combination; except that the term "agricultural subdivision,,
               shall include a subdivisicn resulting frcn a distribution by the Court
               pursuant to Section 18001-5(a) or Section 18001.5(b) of this Title with
               no lots, parcels or sites smaller than ten thousand (10,000) square feet
               and in which all lots, parcels or sites are used principally for agriculture,
               single family sites or as an agricultural hanestead canbination."
                 '(b) wCommission" shall mean the Territorial Planning Commission.
                 (c) 'Easement" shall mean a grant by the owner of land for a spe-
               cified use or uses of said land to a person or persons, to the pub-
               lic generallyi or to the government of Guam.
                 (d) "Engineer" shall mean a person who is registered pursuant to
               Title XLIII, Government Code of Guam, as an Engineer, and holds a
               current certificate of registration issued by the Board of Engineer-
               ing and Architectural Examiners or a person exempted under the pro-
               visions of said Title XLIII.
                 (e) almprove-ments" shall mean any beneficial. or valuable site ad-
               dIt1on3 or alterations to a subdivision property Including street
               grading and surfacing, water service, sanitary sewers, facilities
               provided for drainage and site grading.
                 (f) "Non-Access Reservation" shall mean the limiting of access
               between a right of way and the adjacent land. (A non-acce3s reser-
               vation shall be provided only when required by the Commission and
               the right of access to and from such land across the right-of-way
               boundary 3hallbe dedicated to the government of Guam)
                 (g) OPlan, Generalo shall mean the general plan or plans for guid-
               ing the physical development of the Territory of Guam as adopted by
               the Commission and approved by the Governor.
                 (h) 'Plan, Precise* shall mean the detailed plan or plans for
               guiding and controlling the physical development of specific pro-
               Ject3 as adopted by the Commission and approved by the Governor.
                 (i) OPlanning Division" shall mean the Planning Division of the
               Department of Land Management.
                 (J) "Record MaPO shall mean the final subdiVi3on map designed to
               be placed on record In the Land Records of the Department of Land
               Management.
                 W 'ReservationO shall mean an area of land which the subdivid-
               er reserves free and clear of all structures for future specified
               purpose.
                 (1) oResubdivision* shall mean the resubdividing of land in a
               subdivision or lot parcelling subdivision or portions thereof so
               as to create a new or different subdivision of such land other
               than 13 presently of record, and shall include modifications to
               lot lines, the creation of one or more additional lots or any other



                                                43









            action of land division which is not consistent with the recorded
            subdivision or lot parcelling subdivision map.
              (m) "Reversion to Acreage" shall mean the voiding of a previous
            subdivision in order to revert the platted lots contained therein
            back to the original parcel or parcels which existed prior to the
            subdivision.
              (n) "Right of Way*.shall include the entire width between prop-
            erty lines of a highway, stmet or alley.
              (o) "Sanitation Division" shall mean the Sanitation Division of
            the Department of Public Health and Social Services.
              (p) "Subdivide" shall mean the act of creating a subdivision.
              (q) *Subdivider" shall mean any Individual, firm, association,
            syndicate, corporation, trust or any other legal entity proceeding
            to effect a subdivision of land for himself or another.
              (r) "Subdivisionw shall mean the division of any parcel of land
            into six (6) or more lots. Subdivision shall include resubdivis-
            ion and reversion to acreage and, where appropriate to context,
            relates to the process of subdividing or to the land subdivided
            regardless of the method used to accompliSh such action, whether
            by sale, design, rent, lease, ded of gift, grant in gift or any
            other method of transferring title whether for remuneration or not
            and whether immediate or future.
              (s) "Subdivision, Lot Parcelling" shall mean the division of a
            lot legally existing on the effective date of this Title Into no
            more -,than five (5) parcels. Lot parcelling of a lot shall include
            all methods of such action whether by sale, desigh, rent, lease,
            deed of gift, grant in gift or any other method of transferring
            title whether for remuneration or not and whether immediate or fu-
            ture.
              (t) wSurveyorn shall mean a person who is registered pursuant to
            Title XLIII, Government Code of Guam, as a land surveyor, and holds
            a current certificate of registration issued by the Board of Engin-
            eering and Architectural Examiners or a person exempted under the
            provisions of said Title XLIII.
             '(u) nTentative Map* shall mean a preliminary subdivision map for
            the purpose of showing the design of a proposed subdivision and the
            existing conditions in and around it.
              (v) "Territorial Plannern shall mean the Chief of Planning Divis-
            ion, Department of Land Management, govei-nment of Guam.
              (w) "Territorial Surveyor" shall mean the person designated as
            the Territorial Surveyor by the Director of Land Management. [En-
            acted 1952; repealed and added by P.L. 6-134,effective December 18,
            1962; (o) amended by editor pursuant to P.L. 7-101, effective July
            11, 1964, and P.L. 9-147, effective February 16, 1968.3

                 18003. Authority of the Commission. The Commission shall have
            jurisdiction and cognizance of all matters relating to subdividing
            and subsequent development of land within the territory. The Com-
            mission shall prescribe and adopt such rules and regulations, which
            shall include, but not be limited to, specifications and standards
            for development of subdivisions, as are, in its judgment, necessary
            to effectuate the purposes and intent of this Title. Such rules and
            regulations may provide for delegation of functions of review and
            inspection of proposed, tentative and final plans and maps, and of
            subdivisions, to other agencies and departments of the government.
            Such rules and regulations shall become effective upon approval by






                                              44








                the Governor. [Enacted 1952; repealed and added by P.L. 6-134,
                effective December 18, 1962.3

                      18004. Commission approval. No subdivision map presented for
                filing as a record in the Department of Land Management shall be
                recorded without the prior approval of the Commission. The Commis-
                sion shall not approve the record map of a subdivision unless such
                map conforms to all the requirements of this Title and any applic-
                able rules, regulations, specifications or standards adopted by the
                Commission. No subdivider shall subdivide any land except in ac-
                cordance with this Title, or sell, lease or assign, or offer for
                sale, any subdivision or a proposed subdivision or any part there-
                of, or any lot, parcel or site therein until the record map has
                been officially recorded. [Enacted 1952; repealed and added by P.
                L. 6-134, effective December 18, 1962.]

                      18005. General requirements for subdivisions... In all sub-
                divisions presented for recording under this Title, the subdivider
                shall:
                  (a) Not subdivide or develop land for any purpose contrary to
                the provisions of the Zoning Law, Title XVIII, Government Code of
                Guam.
                  (b) Cause every lot to abut a roadway right of way having a min-
                imum width of forty (40) feet, except that the Commission may,
                where circumstances warrant, permit the subdivider to utilize road-
                way rights-of-way less than forty (40) feet but in no case less than
                twenty (20) feet in width. [Subparagraph (b) amended by P.L. 10-157,
                effective July 3, 1970.1
                  (c) Except as may be provided for pursuant to ï¿½ 21208.3, Title
                XXII, Government Code of Guam, provide for the installation of pow-
                er, water and telephone lines, fire hydrants, roads and highways
                within the subdivision       'in accord with any general or precise plan
                approved by the Commission.
                  (d) Where an established framework of local streets exists, pro-
                vide for the uniformity of street widths and alignment thereto with
                the streets of the subdivision, and for the continuation of exist-
                ing street names.
                  (e) Provide for adequate light, air and privacy on all lots re-
                gardless of land use, and design the location of streets to prevent
                excessive grading and scarring of the landscape. .
                  (f) Provide sufficient drainage of the land to provide reasonable
                protection against flooding.
                  (g) Provide that streets within residential areas shall not be
                planned for through traffic in order to insure privacy and safety.
                (Added by P.L. 6-134, effective December 18, 1962.3


                                               CHAPTER 11
                                    Procedure for Subdividing Land

                    18100.    Application to establish subdivision.
                    18101.    Fees'
                    18102.    Review of tentative plans.
                    18103.    Action by Ccomission. .
                    18104.    sianission of final plans.
                    18105.    Final plans approval and recordation.






                                                          45









               18106.  Reversion to acreage, maps and plats.
               18107.  Building permits.
               18108.  Revocation of tentative plans.

                 18160. Application to establish subdivision. A subdivider
            desiring to subdivide or develop land pursuant to this Title shall
            make a written application therefor on a form prescribed by the
            Commission. The application shall be filed with the Territorial
            Planner and shall be accompanied by tentative subdivision plans
            prepared in accordance with ï¿½ 18300 of this Title. [Enacted 1952;
            repealed and added by P.L. 6-134, effective December 18, 1962.]
             ï¿½ 18101. Fees. The subdivider shall at the time of filing
            tentative subdivision plans pay a uniform check fee of ten dollars
            ($10-00) plus one dollar ($1.00) for each final lot shown on the
            subdivision. Such fees ihall not be returned in the event the ap-
            plicati6n is not approved.'[Enacted 1952; repealed and added by P.
            L. 6-134, effective December 18, 1962.1

                 18102. Review of tentative plans. The Territorial Planner
            shall within three (3) days after receipt of such application
            transmit copies of the tentative plans to departments and agencies
            of the government to which have been delegated responsibility for
            technical review.  Such agencies and departments shall review the
            plaris and transmit their written findings and recommendations to
            the Territorial Planner within fifteen (15) days after receipt of
            such plans. (Enacted 1952; repealed and added by P.L. 6-134, effec-
            tive December 18, 1962.]

              ï¿½ 18103. Action,by Commission. After review, the tentative
            subdivision plans shall be transmitted to the Commission at Its
            next regularly scheduled meeting by the Territorial Planner, to-
            gether with all findings and recommendations. The Commission shall
            thereafter approve, conditionally approve, or disapprove the plans.
            When a tentative plan Is disapproved, it may not thereafter be re-
            considered unless modified and a  new application filed. [Enacted
            1952; repealed and added by P.L.  6-134, effective December 18, 1962.3

                 18104. Submission of final   plans. Within one (1) year after
            approval of tentative subdivison  plans, the subdivider shall file
            with the Territorial Planner the  final plans prepared in accordance
            with ï¿½ 18301 of this Title. The   final plans shall be accompanied
            by a written application for approval thereof in a form prescribed
            by the Commission [Enacted [email protected]; repealed and added by P.L. 6-134,
            effective December 18, 1962.1

              S 18105. Final plans approval and recordation. The Territorial
            Planner shall review final plan documents as submitted for conform-
            ity to the approved tentative plans.   At the next regularly sched-
            uled Commission meeting no less than two (2) days following receipt
            of final plans, the Territorial 'Planner shall present the plans to
            the Commission for action. Final plans submitted in strict compli-
            ance with approved tentative plans shall be approved.   Final plans
            which are not in strict compliance with approved tentative plans
            shall, within fifteen (15) days, be approved or a written determina-
            tion made specifying work necessary for subdivision completion prior






                                              46








                 to final Commission approval.          After approval by the Commission of
                 the final plan map, the subdivider shall record said map in accord-
                 ance with Article IV, Chapter II, Title XIV, Government Code of Guam.
                 [Enacted 1952; repealed and added by P.L. 6-134, effective December
                 18, 1962. 3

                   ï¿½ 18106. Reversion to acreage, maps and plats. When a rever-
                 sion to acreage is made, no tentative plans shall be required.                     The
                 subdivider shall prepare a final map showing the existing subdivis-
                 ion and the original parcel or parcels which shall result from the
                 reversion. No engineering plans shall be required. Upon approval
                 of the final map the map may be completed and submitted as a record
                 plat. No as-built surveys shall be required. The plat shall be
                 clearly marked "reversion to acreage" and any variance from the re-
                 quirements.of a subdivision record plat shall be as determined by
                 the Commission. The fee or other interest in any subdivision im-
                 provements, easements or road rights of way within the perimeter of
                 the subdivision which has been dedicated to the government may be
                 quitclaimed to the subdivider at the discretion of the government.
                 (Enacted 1952;repealed and added by P.L. 6-134, effective December
                 18, 1962.]

                   S 18107. Building permits. The Director of Public Works or his
                 designated building official shall issue no building or construction
                 permits for any development within the subdivision or lot parcelling
                 until the tentative plans have been approved, nor issue individual
                 building permits until the record map has been recorded.                   The Terr-
                 itorial Planner shall notify the Director of Public Works in writ-
                 ing of the approval of the final plans and of the recordation of
                 the record map immediately after such approval is given and after
                 such recording is completed. (Enacted 1952; repealed and added by
                 P.L. 6-134, effective December 18, 1962.1

                   ï¿½- 18108.     Revocation of tentative plans. The Commission shall
                 not consider or approve final plans for a subdivision which are
                 submitted after one (1) year, or after any extension of time grant-
                 ed by the Comnission during such year, following approval of tent-
                 ative plans. [Enacted 1952; repealed and added by P.L. 6-134, ef-
                 fective December 18, 1962.3


                                                 CHAPTER III
                           Lot Parcelling and Agricultural Subdivisions

                     18200.    General.
                     18201.    Application to establish lot parcelling or agricultural subdivisions.
                     18202.    Lot parcelling approval.
                 ï¿½   18203.    Parcelling map recordation.
                     18204.    Survey required for parcelling map.
                     18205.    Resubdivisions.
                     18206.    Certificate of ownership required (Repealed).
                     18207.    Action on final map (Repealed).
                     18208.    Effective recordation of final map (Repealed).

                       18200. General. The requirements of Chapter II and Chapter
                 V of this Title shall not apply to lot parcelling subdivisions and






                                                           47








            agricultural subdivisions. Cena6ted 1952; repealed and added by P.
            L. 6-134, effective December 18, 1962.]

                18201. Application to establish lot parcelling or agricultur-
            al subdivisions. A subdivider desiring to parcel lots or subdivide
            land for agricultural purposes shall make a written application
            therefor on a form prescribed by the.Commission. The application
            shall be filed with the Territorial Planner and shall be accompa-
            nied by the original and two (2) copies of a surveyImap prepared
            in accordance with ï¿½ 18'204 of this Title. [Enacted 1952; repealed
            and added by P.L. 6-134, effective December 18, 1962.1

                18202. Lot parcelling approval. Within fifteen (15) days
            following receipt of an application to establish a lot parcelling
            or agricultural dubdivision, the Territorial Planner shall approve,
            conditionally approve, or disapprove the application, or shall sub-
            mit the application to the Commission for its action. The Territo-
            rial Planner or Commission may as conditions of approval require
            street and utility easement reservations and require modifications
            to the map to insure lot divisions consistent with the general plan
            and with provisions of S 18400 of this Title. The Territorial Plan-
            ner or Commission shall disapprove the subdivision if adopted stan-
            dards of subdivision cannot be maintained. The applicant may appeal
            any decision of the Territorial Planner to the next regularly sched-
            uled meeting of the Commission. There shall be no fees required for
            lot parcelling or agricultural subdivisions for the checking of
            plans or maps. [Enacted 1952; repealed and added by P.L. 6-134, ef-
            fective December 18, 1962.3

             ï¿½ 18203. Parcelling map recordation. Upon final approval of a
            lot parcelling or agricultural subdivision map by the Territorial
            Planner or Commission, the subdivider shall record the map in con-
            formity to Article IV, Chapter II, Title XIV, Government Code of
            Guam, which map shall not be effective until recorded. [Enacted 1952;
            repealed and added by P.L. 6-134, effective December 18, 1962.3

                 18204. Survey required for parcelling map. The lot parcel-
            ling map shall be prepared by a surveyor and shall show all survey
            and mathematical data necessary to locate and retrace all lines
            thereon, including bearings and distances of straight lines and
            radii, are and tangent lengths for all curves. Any area reserved
            for utility easements, access easements, and future street areas,
            and other public improvements, shall be clearly delimited and desig-
            nated. The survey map shall be endorsed as to its accuracy and for
            its conformity to standard surveying practice by the Territorial
            Surveyor. (Enacted 1952; repealed and added by P.L. 6-134, effective
            December 18, 1962.3

              ï¿½ 18205, Resubdivisions. Resubdivisions of regular or lot parcel-
            ling subdivision shall be initiated and acted upon subject to the
            procedures of the Mi-pter, provided, however, that resubdivisions
            -involving six (6) or more lots or retubdivi3ions requiring subdi-
            vision improvements shall be initiated and acted upon as a new sub-
            division in accordance with the provisions of Chapter II of this
            Title. [Enacted 1952; repealed and added by P.L. 6-134, effective
            December 18, 1962-C [Repeealed by P.L. 6-134, effective December
            18, 1962.]





                                             48









                                              CHAPTER IV
                                 Requirements for Plans and Maps

                   18300.   Form of tentative plans.
                   18301.   Form of final plans.

                     18300. Form of tentative plans. Tentative plans will include
               six (6) copies of a subdivision map, two (2) copies of a statement
               of intent by subdivider, and two (2) copies of subdivision emprove-
               ment plans.
                 (a) The subdivider shall cause the tentative subdivision map to
               be prepared by and engineer or surveyor. The map shall be clearly
               and legibly drawn on one or more sheets having dimensions of twenty-
               two inches (22") by twenty-nine inches (29"). The scale of the map
               shall be as prescribed by the Commission and the map shall general-
               ly include:
                 (1)  The tract number as issued by the Territorial Planner.
                 (2)  The name and address of the owner or owners of record, of the
                      subdivider and of the person preparing the map.
                 (3)  Date, north arrow and scale.
                 (4)  A key map locating the subdivision in relation to surrounding
                      areas.
                 (5)  The exact length and bearing of the exterior boundries of the
                      subdivision which data shall be referenced to the "Guam Geo-
                      detic Triangulation Control Net" or such alternative system
                      of triangulation control as the Territorial Surveyor may di-
                      rect.
                 (6)  The accurate placement and outline of structures existing on
                      the site. .
                 (T)  The location, names, and existing widths of adjacent street
                      rights of way.
                 (8)  The location and dimensions of all known existing easements
                      and reservations.
                 (9)  The location of existing utilities, sewers, drainage ditches
                      and other drainage facilities located in, or adjacent to, the
                      proposed subdivision.
                :10)  The lot numbers and lines.of all adjacent parcels of land.
                (11)  The location, width and direction of flow of all water courses
                      within the subdivision area.
                (12)  Topography with contour intervals of two feet (21) where the
                      ground slope is five percent (5%) or less or contour intervals
                      of five feet W) where the ground slope is more than five per
                      cent (5%).
                (13)  The location and widths of all existing or proposed streets in
                      the subdivision.
                (14)  The approximate lot layout and approximate lot dimensions of
                      each lot.
                (15)  Areas intended to be reserved for public use.
                 (b)  The statement of the subdivider shall include a resume of the
               improvement3,proposed to be made In the subdivision, the existing
               zone-district or districts applicable to the property, proposed use
               or uses of the subdivision lots and, in the absence of zoning, the
               proposed setback requirements for individual property development.
                 W Subdivision improvement plans shall include:
                 (1) Street construction plans including, but not limited to, plan-
                      ned grading, street centerline gradients and typical road





                                                        49









                  cross-sections specifying material and depths.
              (2) Water and sewer line plans showing pipe sizes, routing, gra-
               I  dients, pressure regulation and point of origin.
              (3) A drainage plan showing methods and facilities for collec-
                  tion and disposal of storm waters. The storm drainage dis-
                  posal area or channel must have a demonstrated ability to
                  accept additional water in view of capacity of area or
                  channel and of capacity of existing improvements confining
                  the channel.
              The tentative plan shall be prepared in sufficient detail for
           analysis by the Commission as to sufficiency and most suitable
           location. The Commission may require the submission of detailed
           construction drawings as subdivision work is initiated to permit
           detailed analysis of construction conformity to law and the rules
           and regulations of the Commission, and to facilitate improvement
           inspections. [Enacted 1952; repealed and added by P.L. 6-134, ef-
           fective December 18, 1962.]

                18301. Form of final plans. The final plan    submitted for
           approval shall include a map of the subdivision and a final survey
           of improvements as installed.
              (a) The map of the subdivision shall be prepared by and engin-
           eer or surveyor in accordance with the following:
              (1) The final map'shall be clearly and legibly drawn in opaque
                  black ink on good quality tracing paper or cloth acceptable
                  to the Territorial Planner. Signatures shall be in opaque
                  black ink. The size of each sheet shall be twenty-two by
                  twenty-nine inches (2211 x 29"). A marginal line shall be
                  drawn completely around each sheet, leaving an entirely blank
                  margin of one inch (I"). The scale of the map shall be as
                  prescribed by the Commission and shall show all details clear-
                  ly, with enough sheets used to accomplish this purpose. The
                  map shall be so makde and shall be.in such condition when
                  filed tha good, legible prints can be made therefrom.
              (2) The map shall contain the tract number in letters no less
                  than one-half (hn) in height, north directional point, map
                  scale and date of final survey.
              (3) The map shall show all survey and mathematical information
                  and data necessary to locate ali monuments, and to locate and
                  retrace any and all interior and exterior boundary lines ap-
                  pearing thereon including bearings and distances of straight
                  lines, radii, arc and tangent lengths of all curves. The
                  final map shall particularly define, designate and delineate
                  all road and alley rights of way and easements and other par-
                  ce13 offered for dedication for public use.
              (4) The following certificates shall be placed on the first sheet
                  of the map in a form prescribed by the Commission:
              (a) Dedication of street, easements and other parcels of land in-
                  tended for public use by the owner.
              (b) Acknowledgment of dedication for certification by a Notary
                  Public.
              (a) Acceptance of dedication to be si gned by the Governor.
              (d) Certiff6ation by the surveyor making the map (record plat)
                  that the map is correct-and accurate and that the monuments
                  described thereon have been so located.
              (e) Limited access dedication where a nonaccess reservation is







                                             50








                       used to restrict access. The map shall be lettered "Vehic-
                       ular access rights dedicated to the government of Guam" along
                       the thoroughfare adjacent to the lots affected.
                  M Endorsement of Territorial Surveyor.
                  (g) Approval by the Commission.
                  (h) Certificate of recordation.
                  In addition, the map shall be accompanied by statements concern-
               ing any proposed deed restrictions or covenants.
                  (b) As part of the final plan, the subdivider shall submit a copy
               of an a3-built drawing of all subdivision improvements. The de-
               tails of the as-built drawing shall show, but not be limited to a
               showing of, the precise placement, sizing and characteristics Of
               water lines, drainage measures, streets, street curbs and similar
               constructed utilities. The as-built drawing shall be to 3pecifica-
               tion3 satisfactory to the Commission. (Added by P.L. 6-134, effec-
               tive December 18, 1962.1


                                                 CHAPTER V
                                               Improvements

                    18400.    Required improvements.
                    18401.    Utilities extensions - planned areas.
                    18402     Utilities extensions - unplanned areas.
                    18403     Time allowed for completion of improvements.

                      18400. Required improvements. The subdivider shall provide
               the following improvements and improvement areas within time limits
               specified by the Commission:
                  (a) Street and Alleys - Planned areas. Where general plans have
               been or are hereafter duly adopted and show an area as planned for
               development into urban Uses, the following street and alley improve-
               men.t3 shall be required:
                  All street and alleys within the subdivision 3hall be graded and
               drained the full width of the right of way. The roadbed portion of
               the right of way shall be improved with a stabilized coral base and
               surfaced with a light bituminous surface treatment having a minimum
               width of twenty-two feet (22').' Tlie roadway centerline-gradient
               and right-of-way cr03s-section including drainage ditches, travel-
               led roadway design and paving and shoulders shall be in conformity
               to cr.iteria established by the Commission.
                  Permanent sidewalks having a minimum width of four feet (41) shall
               be laid out for all streets and shall be dedicated to the government
               of Guam. The Commission shall establish criteria relating to width
               and construction of such sidewalks, and all such sidewalks shall be
               in conformity thereto. [Added by P.L. 11-134, effective April 26,
               1972.1
                  (b) Street and Alleys - Unplanned Areas. Where at the time of a
               subdivision a general plan has not been adopted or where the gen-
               eral plan designates the area as agricultural, the following street
               and alley improvements will be required..
                  All streets and alleys within the subdivision shall be graded and
               drained the full width of the right of way. The roadbed portion of
               the right of way shall be improved with a stabilized coral base.
               The roadway centerline,gradient and right-of-way cr033-section in-
               cluding drainage ditche's, travelled roadway and shoulders shall be




                                                          51









            in conformity to criteria established by the Commission.
              (c) Storm Water Drainage. Storm drainage facilities shall be pro-
            vided in all subdivisions in accordance with plans prepared by the
            subdivider conforming to criteria established by the Commission.
            These facilities shall be designed to dispose of normal storm wa-
            ters falling on the subdivision without hazard of flooding, incon-
            venience of ponding, and the erosion of public or private land.
              (d) Domestic Water. Potable domestic water shall be piped onto
            each lot within the subdivision. Water pipes shall be new and so
            sized to supply normal household pressures.
              (e) Sanitary Sewage Disposal. When sanitary sewers are provided
            in a subdivision, they shall be in conformity to plans prepared by
            the subdivider satisfactory to the Commission. When sewers are
            placed within a subdivision, the minimum permissible lot size shall
            be as determined by the applied zoning district, or in the absence
            of zoning, shall be not less than seven thousand (7,000) square
            feet. In subdivisionswhere sanitary sewers are not provided, the
            minimum permissible lot size shall be determined by the slope and
            characteristics of the subdivision soil andsubsoil but in no event
            shall be less than Is established by the applied zoning district,
            or in the absence of zoning, seven thousand (7,000) square feet.
            Determination of lot size shall be made on the basis of soil perco-
            lation tests made in conformity to standards adopted by the Commis-
            sion. Lot sizes, including area and minimum widths and depts shall
            be related to the ability of the subdivision lands to accept the
            anticipated septic tank.effluent whereby no sanitary problem will
            be created. The Commission shall establish criteria relating lot
            sizes and shapes.to tested rates of seepage, and all lots created
            after the enactment of this Title shall conform thereto.
              (f) Survey Monuments. Permanent concrete monuments shall be in-
            stalled at all point of direction change in the subdivision perim-
            eter and in the exterior lines of blocks.,Cenacted 1952; repealed
            and added by P.L. 6-134, effective December 18, 1962.3

            . ï¿½ 18401. Utilities extensions - planned areas. Where general
            plans have been duly adopted and show an area as planned for devel-
            opment into urban uses, the following development criteria will ap-
            ply for subdivisions within the area so delineated:
              (a) Road extensions. Where roads must be extended from existing
            roads in order to gain suitable access to a subdivision, the sub-
            divider shall negotiate with the property owners Involved and ac-
            quire rights of way to width and alignment approved by the Commis-
            sion. The subdivider shall improve such access road or roads the
            same as.he improves the interior subdivision roads.
              (b) Power, water mains, and fire hydrants may be installed by the
            Public Utility Agency in accordance with ï¿½ 21208.3, Government Code
            of Guam.
              (c) The subdivider shall provide easements for all utility exten-
            sion3 to the satisfaction of the Commission, and acceptable to the
            Public Utility Agency. [Enacted 1952; repealed and added by P.L.
            6-134, effective December 18, 1962.1

                 18402. Utilities extensions - unplanned areas. In areas
            where general plans have not been adopted but where water, electri-
            cal facilities,and roads exist within or adjacent to a planned sub-
            division area, the criteria of ï¿½ 18401"will be applicable. In un-
            planned areas where water service, electric service or public roads






                                             52








               are not immediately available, the government shall not supply any
               utility or road extension to make the site suitable for development.
               (Enacted 1952; repealed and added by P.L. 6-134, effective December
               18, 1962.3

                  ï¿½ 18403. Time allowed for completion of improvements. Upon ap-
               proval of the tentative subdivision plan by the Commission, the sub-
               divider shall complete within one @1) year all of the improvements
               required, except that the Commission, for good cause shown, may au-
               thorize an extension of time, hot to exceed twelve (12) months. for
               such completion. Within such time, the subdivider must either:
                  (a) Complete the required improvements and, upon acceptance there-
               of by the government, file his final plans; or
                  (b) Furnish bond acceptable to the Commission for the completion
               of improvements, the bond to be in penal sum of one hundred fifteen
               per cent (115%) of total work costs as verified by the Director of
               Public Works.      On approval of the bond, the final plans may be filed.
               (Added by P.L. 6-134, effective December 18, 1962.]


                                               CHAPTER V1
                                         Variances and Appeals

                   18500.    Petition for variances.
                   18501.    Variance subdivisions.
                   18502.    Unit development.
                   18503.    Judicial review.

                     18500. Petition for variances. The Commission, on its own
               initiative, or upon the petition of any subdivider stating fully
               the grounds of the application and all the facts relied upon by
               the subdivider, may grant variances to the regulations of the Com-
               mission. Such petition shall be filed with the tentative plan of
               the subdivision. In the event the Commission shall find the fol-
               lowing facts with respect to the petition for a variance, it may
               grant a variance under such terms and conditions as it may pre-
               scribe:
                  (a) That there are special circumstances or conditions affecting
               said property.
                  (b) That the variance is necessary for the preservation and en-
               joyment of a substantial property right of the subdivider.
                  (c) That the granting of the variance will not be materially det-
               rimental to the public welfare or injurious to other property in
               the area in which said property is situated.
                  (d) That the variance, if granted, will conform with the intent
               and purpose"of the general or precise plan for the territory, and
               of this Title. [Enacted 1952, repealed and added by P.L. 6-134,
               effective December 18, 1962.]

                      18501. Variance subdivisions. The Commission shall have
               the authority to review any prior division of parcels of land,
               whether for the purpose of lot parcelling or the establishment of
               a subdivision, presented to the Department of Land Management for
               recording as a subdivision under the provisions of this Title. The
               Commission may require the subdivider or owner to modify the arrange-
               ment, to improve access rights of way and easements, or to modify






                                                          53









          the size and shapes of lots and other improvements as a condition
          precedent to record the presentation as a subdivision. The decis-
          Ion of the Commission shall be final.   (Added by F.L. 6-134, effec-
          tive December 18, 1962.1

             S 18502.   Unit development. The standards and requirements of
          this Title may be modified by the Commission in the case of a plan
          and program for a new town, a complete community, or a ne'ighborhood
          unit, which in the judgment of the Commission provides adequate pub-
          lic spaces and improvements for-the circulation, recreation, light,
          air, and service needs of the tract when fully developed and popu-
          lated, and wMch also provide such deed restrictions or other legal
          provisions as will assure conformity to and achievement of the plan.
          [Added by P.L. 6-134, effective December 18, 1962.]

             ï¿½ 18503. Judicial review.
             (a) Any order of the Commission shall become effective when no-
          tice thereof is delivered to the party or parties affected and, un-
          less proceedings for judicial review are instituted as provided for
          in Subsection (b) of this section, shall become final at the expir-
          ation of thirty (30) days thereafter.
             (b) If the decision of the Commission is not in accordance with
          law or is not supported by substantial evidence, the same may be
          set aside through an action instituted in the Island Court brought
          by the party affected thereby.   The subdivider shall not subdivide
          any land, or sell, lease, or offer for sale, any subdivision or pro-
          posed subdivision or any part thereof, or any lot, parcel or site
          therein, or commence or continue construction or any Improvement
          relatingthereto during the pendency of such action.
             (c) Review by the court -shall be limited to the record procured
          before the Commission and, if the decision of the Commission is not
          according to law or supported by substantial evidence, the court
          shall return the matter to the Commission for further action in ac-
          cordance with the evidence. [Added by F.L. 6-134, effective December
          18, 1962.1


                                    CHAPTER V11
              Penalties, Amendments, Interpretation and Separability

              18600.  Violation penalties.
              18601.  Separability.
              18602.  Repeal.

                18600. Violation penalties.
             (a) Any individual agent, partnership, firm, association, corpor-
          ation or any other legal entity violatingany of the provisions of
          this Title shall be guilty of a misdemeanor, and upon conviction
          thereof,shall be punished by a fine of not more that five hundred
          dollars ($500.00) for each offense. Such individual agent, partner-
          ship, firm, association, corporation or other legal entity shall be
          deemed guilty of an offense for -each day or portion thereof in which
          any violation is committed ' continued or permitted, and shall be pun-
          ishable as herein provided for each such day or portion thereof.
             (b) The imposition of any sentence made under this section shall
          not exempt the offender from compliance with the requirements of this
          Title. [Repealed and added by P.L. 6-134, effective December 18, 1962.1,





                                              54








               S 18601. Separability. If any section, subsection, sentence,
             clause, phrase or portion of this Title is for any reason held to
             be invalid by a court of competent jurisdiction, such decision
             shall not affect the validity of the remaining portions of this
             Title. The Legislature hereby declares that it would have passed
             and does hereby pass this Title and each section, subsection, 3en-
             tence, clause, phrase, or portion thereof, Irrespective of the
             fact that one or more sections, subsections, sentences, clauses,
             phrases, or portions therof, be declared invalid. (Repealed and
             added by P.L. 6-134, effective 'December 18, 1962.3

               5 18602. Repeal. All Acts or parts of Acts which are incon-
             sistent with the provisions of this Title are hereby repealed to
             the extent Of such inconsistency. (Original Chapter 7, consisting
             of SS 18600-18606, as added by P.L. 5-142, effective September 8,
             1960, repealed by P.L. 6-134, effective December 18, 1962.1








































                                            55





















                APPENDIX D




        INTERIM HOTEL - RESORT ZONE



           RULES AND-REGULATIONS









                                                  TERRITORIAL PLANNING COMMISSION

                                                   INTERIM "H" RESORT-HOTEL ZONE

                                                       RULES AND REGULATIONS



                              contents:

                                   Section 1.     Authority. Purpose. and Intent

                                   Section II.    Definitions

                                   Section 111.   Procedures for Zone Changes to 814"

                                   Section IV.    Procedures for development within an "H" Zone

                                   Section V.     Standards for development within an "N" Zone


                              Section 1. AUTHORITY, PURPOSE, INTENT

                              A.   Authority

                                   These rules and regulations are promulgated by the Territorial Planning
                                   Commission under authority of Titles iIV and XVII of the Goverment Code

                                   of Guam and Public Law 14-41. as amended Dy Public Law 14-72 and

                                   Public Law 14-82.

                              8.   Purpose

                                   The purpose of these rules and regulations is to establish procedural

                                   requirements for:

                                   a. Zone changes to an "HO designation.

                                   b. Development within "N" Zones.

                                   C. Substantive standards for development within *H" Zones.

                              C. Intent

                                   These rules and regulations apply.to that area rezoned "W" under the

                                   provisions of Public Law 14-41. as amended by Public Law 14-72 and

                                   14-82 (Tumon), as well as all future proposals for development within

                                   or changes of zone designation to an 'H" zone. As interim regulations,

                                   they shall remain in effect until such time as final *H" Zone

                                   regulations are adopted by the Territorial Planning Commission.


                              Section 11. DEFINITIONS

                              For the purpose of defining those uses permitted in the *H" Zone under

                              Public Law 14-41. but not defined elsewhere in the Goverment Code, the

                              following definitions shall apply:

                                   1. Amusement Activity: An indoor oi@ outdoor facility operated for

                                       the amusement or entertai went to the public.




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                                 2.  Cultural Facility

                                     An indoor or outdoor facility operated for the purpose of portraying

                                     or promoting aspects of the Island's culture through use of

                                     plays, theaters. museums, arts and crafts galleries and displays.

                                     and similar facilities.

                                 3.  Landscaped Area or Landscaping

                                     An area Planted and covered with soft live flora such as lawn,

                                     ground cover, trees, shrubs, or any other materials which would

                                     aesthetically enhance the area.

                                 4.  Park Recreational Facility

                                     An area or facility established and operated for the purpose of

                                     accommodating or promoting active or passive recreational activities

                                     including sports, interpretive parks, botanical and zoological

                                     gardens, playgrounds, and such related facilities.

                                 5.  Tourism Related Shops, Offices, and Supportive Services

                                     (Resort Commercial)

                                     Commercial facilities and offices directly dependent on sales or

                                     services and immediate Proximity to the public and, including but
                                     not limited to.bicycle or moped rental facilities, but not 1,Ucto
                                     commercial or industrial activities as auto. motorcycle. bicycle,
                                     and appliance sales or repair; assembly line. hardware. building,

                                     electrical, or plumbing supply enterprises 2nd related uses.

                                 6.  Transient Guest

                                     Those persons who occupy a hotel, lodging house, or similar
                                     facility in a specific location for less than 90 consecutive days.


                            Section 111. Procedures for Zone Change to "H"

                            A.   A proposed zone change to "H" may be initiated by the Commission or

                                 by an application directed to the Commission hy any person owning or

                                 leasing real property within the area covered by the proposed "H" zone.

                            B.   Application. An application for a change of zone to "H" shall be

                                 filed with the Planning Division, Department of Land Management. on

                                 a zone change form, which, in addition to that information normally

                                 required for zone.changes shall include:

                                 1. A legal description of the area proposed for rezoning, copies of

                                     certificates of title for property within the proposed zone and

                                     the name of the developer 'and/or development company. if appropriate.


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                             2. A statement outlining the reasons for requesting such a zone change

                                 including:
                                 a.    A discussion of how the public necessity, convenience. and

                                       general welfare justifies such a zone change.
                                 b.    A description of the general geographical character of the

                                       area to be rezoned.

                                  c.   Types of future uses or development proposed within the area,

                                       if any.

                                  d.   Alternatives considered (PUD. Variance. C Zone, etc.).

                                  e.   A general summary of the anticipated effect of the proposed

                                       rezoning on the surrounding environment including its impact
                                       on water quality (through drainage. leaching, run-off), any

                                       unique historical or ecological sites or other valuable

                                       natural or cultural resources; accessibility to beaches.

                                       caves, waterfalls, or other recreational sites; and surrounding

                                       land-use patterns. General narrative discussion acceptable--no)

                                       requirement to follow specific guidelines for preparation of

                                       Environmental Impact Statements, or Assessments as established

                                       by Council on Environmental Quality; unless otherwise required

                                       by law.

                                   f.  If proposed in conjunction with plans for substantial

                                       development of the subject area:

                                       (1)   A summary economic statement to include discussions of the

                                             operating and economic role and function of the development's

                                             major features, of the primary and secondary markets to

                                             be served, of the demand for support services to be

                                             generated and the manner in which each will be secured,
                                             and of the ways in which the development furthers the

                                             expansion in breadth or depth of the Island's economy;

                                             but to specifically exclude confidential or sensitive

                                             financial data such as forecasted operating cost breakdowns,

                                             revenues, cash-flows. breakeven points, and profitability.

                                        (2)  A development schedule indicating the approximate date
                                             when construction or stages (by unit or increment basis)

                                             of any planned development are planned to begin and be

                                             completed.



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                                         (3)  A statement of the applicant's tentative plans regirding

                                              the future selling or leasing of all or portions of the

                                              development, including specific land areas, condominium

                                              units, or cottage or cluster developments by increment

                                              method.

                                         (4)  Where no public sewer,  water, or such public facilities

                                              exist, the proposed methods and facilities to provide

                                              such services.


                                         (5)  A plot plan of any proposed development within the "H'

                                              Zone area. The plot plan shall show the location of

                                              proposed major structures and facilities within the

                                              rezoned area. including sources of water and power,

                                              required sewage disposal systems and proposed landscaping.

                                              The plot plan shall indicate existing topography as

                                              defined in Chapter IV. Section 18300(a)(12) of Title XIX

                                              of the Government Code of Guam.

                             C.  Upon certification by the Territorial Planner that complete information

                                 has been provided by the applicant. the Commission shall hold at least
                                 one (1) public hearing thereon in the municipal district where the

                                 property to be rezoned is located. as such districts are described in

                                 Chapter I of Title XVI of the Government Code, notice of time and place

                                 of which shall be given by at least one (1) publication in a newspaper

                                 of general circulation at least ten (10) days before the day of said

                                 hearing, and by mail to the Commissioner of the municipal district
                                 concerned, and to those lando@ners owning land within five hundred

                                 (500) feet of the property for which rezoning is requested, the mailing

                                 addresses for such landowners to be in the Rea) Estate Tax records.



                              D.  Prior to- the public hearing, the Territorial Planner shall submit the
                                  application and other supporting documents including a summary report
                                  of the public hearing for the proposed zone change to the Subdivisiorf
                                  and Development Review Committee for their review and recommendation.
                                  The Subdivision and Development Review Committee (SDRC) findings shall

                                  be presented at the public hearing.





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                                 The Commission shall consider the proposed change of zone and may

                                 appmve or disapprove the same. in whole or in part.  The Conrission

                                 shall make its findings and determinations within forty (40) days

                                 from the date of the hearing thereon and shall forward notice of

                                 such decision to the applicant, if any.  If the application is approved

                                 in whole or in part by the Commission. the same shall be forwarded to

                                 the Governor who may approve or disapprove the proposed change in whole

                                 or in part.

                            F.   Pursuant to Chapter XIV. Title XVIII of the Goverment Code, upon

                                 approval of the zone change by the Governor, It shall be submitted

                                 to the next portion of the next regular session of the Legislature

                                 convening after the said approval. Such amendment to the zoning map

                                 shall remain in effect unless amended or repealed by statute.

                            G.   Zone changes to *H" shall not be permitted for any area less than

                                 two and one half (2-1/2) acres in size.


                            IV.  Procedures for Development Within an 'H* Zone

                                 A.   Before issuance of any building permit for development proposed

                                      either in 1) in conJunction with 'submittal of a requested zone
                                      change to 'H" or 2) in a prior approved *H" Zone, a tentative
                                      plan for such development shall be submitted to the Territorial

                                      Planner containing the following information as deemoed appropriate

                                      by the Territorial Planner:
                                      1.  The name and address of the owner or owners of record, of the

                                          developer and of the person preparing the map.

                                      2.  Date, north arrow-and scale.
                                      3.  A kep map locating the development relation to surrounding

                                          areas.

                                      4.  The exact length and bearing of the exterior boundaries.of

                                          the development which data shall be referenced to the

                                          OGuam Geodetic Triangulation Control Network* or such
                                          alternative system of triangulation control as the Territorial

                                          Surveyor may direct.
                                      S.  The accurate placement and outline of structures existing

                                          on the site.







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                                 6.  The location, names, and existing widths of adjacent street

                                     rights of way.

                                 7.  The location and dimensions of all known existing easements and

                                     reservations.

                                 S.  The location of existing utilities, sewers, drainage ditches. and

                                     other drainage facilities located in, or adjacent to. the proposed

                                     development.

                                 9.  The location. width and direction of flow of all water courses

                                     within the subdivision area.

                                10.  Topography with contour Intervals of two feet (2) where the ground

                                     slope is five percent (5%) or less or contour intervals of five
                                     feet (5') where the ground slope is more than five percent (5%).

                                 1-1. The location and widths of all existing or proposed streets in

                                      the development.

                                 12.  The approximate layout and approximate dimensions of each structure,

                                      facility, or use proposed within the development.

                                 13.  Areas intended to be reserved for public use.

                                 14.  A drainage plan showing methods and facilities for collection and

                                      disposal of storm waters. The storm drainage disposal area or

                                      channel must have a demonstrated ability to accept additional

                                      water in view of capacity of area or channel and of capacity of

                                      existing improvements confining the channel.

                                 The tentative plan shall be prepared in sufficient detail for analysis

                                 by the Commission as to sufficiency and most suitable location. The

                                 Commission may require the submission of detailed construction drawings

                                 as work is initiated to permit detailed analysis of construction

                                 conformity to law and the rules and regulations.of the Comission, and

                                 to facilitate inspections.

                              B. Upon certification by the Territorial Planner that such   complete and

                                  accurate information as requested has been provided. such tentative

                                  plan shall be submitted to the Subdivision and Development Review

                                  Committee for review and recwmendations.

                              C.  The Territorial Planning Corwrission shall either approve. including
                                  approval with conditions, or disapprove in whole or in part the
                                  proposed tentative development plan. Upon approval, appropriate

                                  permits for initial construction may be issued.


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                                Any proposed use or structure which has not been included in an
                                approved tentative plan must be approved by the Commission or at its
                                discretion, the Territorial Planner. before issuance of any building

                                permits

                             E. A performance bond or undertaking shall be required for any development
                                undertaken pursuant to an approved tentative plan within an 'H" Zone
                                as otherwise provided in the regulations. The amount of the bond shall

                                be One Hundred and Ten Percent (110%) of the infrastructure costs of

                                the project, and not. less than Two Thousand Dollars ($2,000). The
                                entire bond or any undertaking of any portion thereof shall be forfeited

                                as determined by the Commission for failure to comply with any applicable
                                land use, water quality, or zoning regulation except as allowed for

                                under prior granting of a variance or other legal exception from such

                                requirement: including, but not limited to. erosion and grading

                                standards, landscaping, height and setback requirements, the

                                tentative development plan as approved by the Commission and any

                                applicable zone regulations. The entire bond or any portion thereof

                                shall be forfeited as is required to complete the site preparation
                                and infrastructure features of the project should these not be completed

                                by the developer.

                             F. The Commission shall approve a maximum time period within which all

                                of the improvements authorized in the tentative development plan shall

                                be completed. The time period shall be no less than six months, and

                                no more than four years. Thetime period shall be based on the size.

                                character. and complexity of the authorized improvements. The

                                Commission may, for good cause shown, grant any extension of time.
                             6. Upon completion or any portion of the project in accordance with

                                the tentative plan. the Department of Public Works shall certify to
                                the Commission that the project has been completed in accordance with

                                the tentative plan.


                              H. Requirements or preparation of tentative development plans and posting

                                 of,performance bonds as outlined in this section shall not apply to

                                 construction of single-family dwellings in that area in Tumon zoned-OH*

                                 under Public Law 14-4). as amended.






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                            Section V.  Standards for Development Within an ONO Zone

                            A. All development within an 'N" Zone shall comply with all applicable.

                                pollution and erosion standards as promulgated by the Guam Environmental

                                Protection Agency.
                            B.  The nature, size, shape. lighting, and style of an outdoor sign shall

                                conform to those requirements as outlined in the Sign Regulations,
                                Title-XVIII, Chapter IX, of the Goverment Code for Commercial Zones.

                            C.  The following parking regulations shall apply:

                                I., Title XVIII, Chapter VIII, Sections 17350 - 17352 of the Goverment

                                    Code of Guam.

                                2.  Provisions noted under wfootnoteso to the NO Zone Yard and

                                    Height Regulations.

                            0. Development and activities within an ONO Resort-Hotel Zone shall:

                                1.  Provide open access to public resources including but not limited

                                    to beaches or other parts of the ocean shore, parks, conservation

                                    areas, rivers. waterfalls. and other public resources.

                                2.  To the maximum extent possible, assure that all permissible and

                                    accessory uses enhance. compliment. and do not detract from or

                                    surrounding area.

                                3.  When associated with or encompassing such valuable resources as

                                    unique land, water. floral. faunal, cultural, historic, archaeo7ogic.

                                    or other such areas:


                                    a.  Provide interpretive materials, displays, and information, as
                                        required, reviewed. and approved by the Department of Parks
                                        and Recreation. The Territorial Planner shall certify to
                                        the TK and SDRC that the interpretive materials, displays,
                                        and information have been so approved.

                                    b. Assure that such resources remain, to the maximLnn extent

                                        possible, in their natural or undisturbed state.
                            E. Dwellings permitted In an `H" Zone shall be designed:

                                1. To accommodate primarily the needs and desires of visitors,

                                    tourists, and transient guests.

                                2.  In a compatible arrangement so as to compliment and enhance the

                                    adjacent structures and enviroment.






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                           F.  Such recreational or amusement activities as bowling alleys. movie

                               theaters, or sports facilities which normally and-necessarily create
                               temporary or occasional substantial adverse impacts, such is excessive

                               noise, light, or traffic, shall be permitted in an "No Zone only upon
                               a determination by the Commission that such an activity is norvally to
                               be found In a tourism-related development area, and that the activity
                               is reasonably compatible with the existing or reasonably forseeable

                               development of the surrounding area.

                           G.  Prior to issuance of occupancy permits for any development within an

                               "N" Zone, the developer shall certify-to the Territorial Planner that

                               no less than two percent of the total construction cost for development

                               of land oriented facility or structure was expended on landscaping

                               that particular development. Allowable costs under such a requirement
                               include the costs for purchase of landscaping vegetation and labor

                               involved in its planting.


                               H. Variance to these regulations may be granted by the Commission

                                  only upon issuance of such findings or under such conditions as

                                  prescribed under Sections 17501 - 17502 of the Goverment Code.

                               1. Yard. Area. and Height regulations for the 'H" Zone are as outlined

                                  in the attached chart.





































                                                                64











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                         Section VI. Amendments

                         These Rules and Regulations may be amended by the Commission at any
                         regular or special meeting by. a majority vote, provided that a ten
                         (10) day public notice is provided.


                         Adopted on March 10, 1978.



                                                             
                                                           
                                  I certify that the foregoing is a true copy of the Rules and
                         Regulations of "H" Resort-Hotel Zone promulgated. effective March 10, 1978.
                         These rules and regulations were in effect March 10, 1978 and continue

                         in effect as of the date of this certification.
                         
                          JOHN P. AGUON, Excutive seceterary
                          Territorial planning  commission


































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