Chapter 61

21 GCA REAL PROPERTY CH. 61 ZONING LAW 1 CHAPTER 61 ZONING LAW SOURCE: This Chapter was repealed and reenacted by P.L. 24- 171:3 (Apr. 17, 1998) as part of the adoption of th e I Tano’-ta Land Use Plan. P.L. 25-011:2 (May 26, 1999) repealed P.L . 24-171 and and P.L. 25-011:3 expressly reenacted the version o f Chapter 61 before the passage of P.L. 24-171. 2013 NOTE: To adhere to the Compiler’s general codification scheme, the subcategory 'Part' was replaced with 'S ubarticle' in this chapter, in accordance to the authority grante d by 1 GCA § 1606. Article 1. General Provisions. Subarticle 1. Bed and Breakfasts. Subarticle 2. Short-Term Vacation Rental Unit. Article 2. Establishment of Zones and Boundaries. Article 3. Use Regulations. Article 4. Height Regulations. Article 5. Yard and Area Regulations. Article 6. Administration and Enforcement. ---------- ARTICLE 1 GENERAL PROVISIONS SOURCE: Pursuant to P.L. 24-171:1 (Apr. 17, 1998), this a rticle was repealed in its entirety, and a new Zoning Code of Guam was reenacted by P.L. 24-171:3, as part of the adoption of the I Tano’-ta Land Use Plan. P.L. 25-20:2 (May 26, 1999) repeale d P.L. 24-171, and P.L.

led in its entirety, and a new Zoning Code of Guam was reenacted by P.L. 24-171:3, as part of the adoption of the I Tano’-ta Land Use Plan. P.L. 25-20:2 (May 26, 1999) repeale d P.L. 24-171, and P.L. 25-20:3 reenacted the version of Chapter 6 1 which existed before the passage of P.L. 24-171. § 61101. Title. § 61102. Purpose. § 61103. Definitions. § 61104. Interpretation. § 61105. Vote Requirements for the Commission. [Re pealed] § 61106. Requirements Before Municipal Public Heari ngs. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 2 § 61101. Title. This Chapter shall be known as The Zoning Law of th e Territory of Guam. SOURCE: GC § 17000. § 61102. Purpose. The purpose of this Chapter is to establish certain minimum regulations for the protection and promotion of the public health, safety and general welfare of the people of the Ter ritory of Guam, which regulations are deemed necessary in order to encourage the most appropriate use of land, to provide adequate o pen spaces about buildings for light and air, to prevent undue concentration of population, and to assure adequate provisions fo r community utilities and facilities such as water, schools, pa rks and other public

ut buildings for light and air, to prevent undue concentration of population, and to assure adequate provisions fo r community utilities and facilities such as water, schools, pa rks and other public requirements. SOURCE: GC § 17001. § 61103. Definitions. For the purpose of this Chapter, certain terms are defined as follows: (a) Accessory Building. A detached subordinate building located on the same lot with a main buildi ng, the use of which is customarily secondary to that of the ma in building or to the use of the land. (b) Apartment House. Same as dwelling, multiple. (c) Automobile Parking, Private. An open area, loca ted on the same lot with a dwelling or hotel, for parki ng automobiles of the occupants of such buildings. (d) Automobile Parking Area, Public. An open area, other than a street or private automobile parking a rea, designed to be used for the parking of two or more automobiles. (1) Compact automobile. An automobile whose gross area for parking purposes is one hundred twen ty (120) square feet or less. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 3 (2) Standard-sized automobile.

ct automobile. An automobile whose gross area for parking purposes is one hundred twen ty (120) square feet or less. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 3 (2) Standard-sized automobile. An automobile whose gross area for parking purposes is one hundre d sixty (160) square feet or less. (e) Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels, or prop erty of any kind. (f) Building Height. The vertical distance measured from the average level of the highest and lowest po int of that portion of the lot covered by the building to a poi nt midway between the highest and lowest point of the roof. (g) Compact Automobile. An automobile whose gross area for parking purposes is one hundred sixty (160 ) square feet or less. (h) Cluster Development. Placement of residential u nits in close association to each other in order to cons olidate required lot area into usable open space for the be nefit of those living in such residential units. (i) Commission. Shall mean the Territorial Land Use Commission of Guam. (j) Dwelling. A building or portion thereof designe d exclusively for residential occupancy, including on e-family, two-family

(i) Commission. Shall mean the Territorial Land Use Commission of Guam. (j) Dwelling. A building or portion thereof designe d exclusively for residential occupancy, including on e-family, two-family and multiple dwellings, but not includin g hotels. (k) Dwelling Unit. One or more rooms and a single kitchen in a dwelling, designed as a unit for occup ancy by one family for living and sleeping purposes. (l) Dwelling, One-Family. A detached building containing only one dwelling unit. (m) Dwelling, Two-Family. A detached building containing two dwelling units. (n) Dwelling, Multiple. A building containing three or more dwelling units. (o) Family. An individual, or two or more persons related by blood or marriage, or a group of not mor e than five COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 4 persons who need not be related by blood or marriag e living together as a single housekeeping unit. (p) 'Home occupation' means any activity operated for pecuniary gain conducted in, or directed from, a residential dwelling or unit restricted to family m embers residing within that dwelling as a secondary use of such dwelling unit. (q) Hotel.

ated for pecuniary gain conducted in, or directed from, a residential dwelling or unit restricted to family m embers residing within that dwelling as a secondary use of such dwelling unit. (q) 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. (r) Junk Yard. An open area where waste, scrap meta l, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, inc luding the dismantling or storing of wrecked automobiles or ot her vehicles, and buildings. The terms dismantling or s toring do not include the action of a licensed automobile rep airer or garage owner in stripping an automobile or other ve hicle of its usable parts as long as such action is accompli shed within ten (10) days of the arrival of the motor vehicle b eing so stripped on the premises of the garage or automobil e repair business. (s) Lot. A parcel of land occupied or to be occupie d by a use or building, and accessory buildings and uses , together with such yards, open spaces and lot area as are re quired by this Title, and having

ot. A parcel of land occupied or to be occupie d by a use or building, and accessory buildings and uses , together with such yards, open spaces and lot area as are re quired by this Title, and having frontage on a street. (t) Lot Line, Front. The line separating the lot fr om the street. For the purposes of yard requirements, a co rner lot has two front yards and no rear yard. Within a panhandl e lot, the front lot line begins at the interior end of the pa nhandle. (u) Lot Line, Rear. The lot line which is opposite and most distant from the front lot line. (v) Lot Line, Side. Any lot line not a front lot li ne or a rear lot line. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 5 (w) Lot Depth. The horizontal distance between the front and rear lot lines, measured in the mean dire ction of the side lot lines. (x) Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot dept h at a point midway between the front and rear lot lines. (y) Lot Area. The total horizontal area within the lot lines of a lot. (z) Nonconforming Building. A building or structure which does not conform to the regulations of this C hapter and which lawfully existed at

. The total horizontal area within the lot lines of a lot. (z) Nonconforming Building. A building or structure which does not conform to the regulations of this C hapter and which lawfully existed at the time the regulations, with which it does not conform, became effective. (aa) Nonconforming Use. A use of a building or land which does not conform to the regulations of this C hapter and which lawfully existed at the time the regulations, with which it does not conform, became effective. (bb) Planned Unit Development District. A substanti al area in which development follows an approved plan integrating a combination of uses in an appropriate and unified manner. (cc) Standard-sized automobile . An automobile whose gross area for parking purposes is greater than one hundred sixty (160) square feet. (dd) Story. That portion of a building between the surface of any floor and the surface of the floor o r ceiling next above it. (ee) Structure. Anything constructed or erected whi ch requires location on the ground or attached to some thing having a location on the ground. (ff) Use. The purpose of which land or a building i s arranged, designed or intended or for which either land or a

es location on the ground or attached to some thing having a location on the ground. (ff) Use. The purpose of which land or a building i s arranged, designed or intended or for which either land or a building is or may be occupied or maintained. (gg) Yard. An open space on a lot, unoccupied and unobstructed from the ground upward, except as othe rwise provided in this Chapter. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 6 (hh) Yard, Front. A yard adjoining the front lot li ne and extending across the full width of the lot, the dep th of which is the minimum horizontal distance between the fron t lot line and a line parallel thereto on the lot. (ii) Yard, Rear. A yard extending across the full w idth of the lot between 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 buildi ng toward the nearest point of the rear lot line. (jj) Yard, Side. A yard between a main building and the side lot line, extending from the front yard or fro nt lot line where no front yard is required to the rear yard.

t point of the rear lot line. (jj) Yard, Side. A yard between a main building and the side lot line, extending from the front yard or fro nt lot line where no front yard is required to the rear yard. T he width of the required side yard shall be measured horizontal ly from the nearest point of the side lot line toward the n earest part of the main building. (kk) Bed and Breakfast. A private residence or building appurtenant or accessory to a private residence con taining five (5) or fewer 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; provided, that the owner- proprietor occupies at least one (1) such room. No home may be licensed as a Bed and Breakfast whose physical a ddress is the physical address of a registered sex offender. (ll) Short-term Vacation Rental Unit. An accommodation for transient guests where, in exchan ge for compensation, a residential dwelling unit is provid ed for lodging for any term length not to exceed thirty (3 0) consecutive days. Such use may or may not include an on- site manager. SOURCE: GC § 17004; amended by P.L. 10-005:1 (Feb. 2, 1969) .

ovid ed for lodging for any term length not to exceed thirty (3 0) consecutive days. Such use may or may not include an on- site manager. SOURCE: GC § 17004; amended by P.L. 10-005:1 (Feb. 2, 1969) . Codified to the GCA as § 61103 of Title 21 GCA. Sub -items (d)(1) and (2) added by P.L. 21-049:1 (Sept. 20, 1991) and amended by P.L. 22-123:2 (May 9, 1994). Subsection (p) repealed and reenacte d by P.L. 28- 068:IV:76 (Sept. 30, 2005). Subsection (q)(1) adde d by P.L. 32-045:1 (July 5, 2013)and renumbered to (kk) by the Compile r. Subsection (kk) amended by P.L. 33-165:3 (June 30, 2016). Subsecti on (kk) added by P.L. 33-165:4 (June 30, 2016), renumbered to (ll) by the Compiler. 2020 NOTE : Past publications of the GCA erroneously designat ed subsection (ff) for the definitions of both Use and Yard ; and the numbering COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 7 error continued to subsequent provisions. The numb ering error has been corrected in this publication, and corrections have been made to the Source annotation. NOTE: The definition for standard-size automobile in su bsection (d)(1) and the definition for compact automobile in subsec tion (g) are identical: 'An

ctions have been made to the Source annotation. NOTE: The definition for standard-size automobile in su bsection (d)(1) and the definition for compact automobile in subsec tion (g) are identical: 'An automobile whose gross area for parking purpose s is one hundred sixty (160) square feet or less.' § 61104. Interpretation. In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements f or the protection and promotion of the public health, safe ty and general welfare, and shall be liberally construed in furthe rance of these objectives. SOURCE: GC § 17003. § 61105. Vote Requirements for the Commission. [Repealed.] SOURCE: Added by P.L. 21-129:10. Repealed by P.L. 33-219:3 (Dec. 17, 2016). 2017 NOTE: P.L. 33-219:2 amended 21 GCA § 60401, which estab lished the composition of the Guam Land Use Commission, an d created in its place a Hybrid Commission. § 61106. Requirements Before Municipal Public Heari ngs. (a) Upon receipt by the Department of Land Manageme nt of a land use application, a copy shall be transmitted to the Mayor of the affected municipality.

equirements Before Municipal Public Heari ngs. (a) Upon receipt by the Department of Land Manageme nt of a land use application, a copy shall be transmitted to the Mayor of the affected municipality. (b) In any land use action that requires the review and decision by the Guam Land Use Commission, no munici pal public hearing shall be scheduled and conducted in the aff ected municipality until any and all available reports an d position statements have been received from the Department o f Land Management. To the maximum extent possible, said re ports and position statements shall be provided by the Application Review Committee within thirty (30) days from the filing o f the application. Upon receipt of any report or position statement submitted by the Application Review Committee, the Department of Land Management shall transmit said documents to the Mayor of the affected municipality. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 8 (c) At the request of the Mayor, permanent voting m embers of the Application Review Committee, who have submi tted position statements, shall , to the maximum extent possible, be present at the municipal public hearing to provide information

voting m embers of the Application Review Committee, who have submi tted position statements, shall , to the maximum extent possible, be present at the municipal public hearing to provide information relative to their findings. SOURCE: Added by P.L. 33-209:1 (Dec. 15, 2016). 2017 NOTE: This section was originally added by P.L. 33-165: 5 (June 30, 2016), entitled, 'Purpose and Intent.' Renumber ed to § 61120 by the Compiler pursuant to 1 GCA § 1606. SUBARTICLE 1 BED AND BREAKFASTS SOURCE: Subarticle 1, §§ 61106-61112, added to Article 1 of this chapter by P.L. 33-165:5 (June 30, 2016). 2017 NOTE: To accommodate future enactments and amendments, Subarticle 1 was renumbered by the Compiler pursuan t to the authority of 1 GCA § 1606. Internal references were altered to reflect the change. § 61115. Purpose and Intent. § 61116. Restrictions and Standards. § 61117. Reduced Tax Rates for Senior Citizens Elig ibility Retained. § 61118. Rules and Regulations. § 61119. Imposition. § 61120. Exemption from Hotel Sanitation Law. § 61121. Sub-Article Not Applicable. § 61115. Purpose and Intent. The purpose of this Sub-Article is to establish a l icensing process and appropriate restrictions and

tion from Hotel Sanitation Law. § 61121. Sub-Article Not Applicable. § 61115. Purpose and Intent. The purpose of this Sub-Article is to establish a l icensing process and appropriate restrictions and standards for Bed and Breakfast homes; to allow small, local businesses a n opportunity to participate and benefit from tourism; to provide a visitor experience and accommodation as an alternative to t he resort and hotel accommodations currently existing on Guam; an d to retain the character of the neighborhoods in which any Bed and Breakfast home is located. SOURCE: Added as § 61106 by P.L. 33-165:5 (June 30, 2016 ), and renumbered by the Compiler. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 9 § 61116. Restrictions and Standards. Bed and Breakfast homes shall be subject to the fol lowing restrictions and standards, and any operator found in violation of these requirements may be subject to immediate clos ure and/or all such penalties or fines levied under Title 11, Guam Code Annotated: (a) the owner-proprietor shall have a current busin ess license as required by Division 3 of Title 11, Guam Code Annotated, and a Mayor’s verification in the villag e of the Bed and Breakfast.

tated: (a) the owner-proprietor shall have a current busin ess license as required by Division 3 of Title 11, Guam Code Annotated, and a Mayor’s verification in the villag e of the Bed and Breakfast. The Director may, subject to § 61118 of this Sub-Article, adopt, amend, or modify such lice nse, as he may deem necessary to implement this Sub-Article; (b) a Bed and Breakfast shall be permitted in no mo re than one (1) single-family dwelling unit per lot; (c) the owner- proprietor shall be a resident of Gu am for at least one (1) year and shall reside, on a fu ll-time basis, within the single-family dwelling being used as a B ed and Breakfast home; (d) the Bed and Breakfast license shall be in the n ame of the owner-proprietor, who shall be a natural per son and the owner of the real property where the Bed and Breakf ast shall be licensed. No Bed and Breakfast license shall be held by a corporation or managed under a business structure t hat is guided by a board of directors or shareholders. The license shall not be transferable. No more than one (1) lic ense shall be approved for any lot; (e) the total number of guests at a Bed and Breakfa st shall be according to the following:

olders. The license shall not be transferable. No more than one (1) lic ense shall be approved for any lot; (e) the total number of guests at a Bed and Breakfa st shall be according to the following: (1) one (1) person per bed - the bed shall have a length of at most eighty (80) inches and width of a t most thirty-nine (39) inches with at least a thirty (30) inch clearance around at least two (2) sides of the bed. There shall be at least a thirty (30) inch clearance betw een each bed, and no two (2) beds shall lay immediately adja cent to one another as this layout will constitute one ( 1) bed. There shall be no more than four (4) beds of these COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 10 specifications per room, with the exception of bunkbeds; with two (2) persons per set of bunkbeds, and the beds of the bunkbeds shall have a length of at most eighty (80) inches and width of at most thirty-nine (39) inches. The bunkbed shall have at least a two (2) f eet clearance from the ceiling, and there shall be no m ore than two (2) sets of bunkbeds in a room; (2) two (2) persons per bed - the bed shall have a length of no less than seventy-five (75) inches and width of no less than

ling, and there shall be no m ore than two (2) sets of bunkbeds in a room; (2) two (2) persons per bed - the bed shall have a length of no less than seventy-five (75) inches and width of no less than fifty-four (54) inches with at leas t a thirty (30) inch clearance around at least two (2) sides o f the bed. There shall be a thirty (30) inch clearance be tween each bed, and no two (2) beds shall lay immediately adjacent to one another as this layout will constit ute one (1) bed. There shall be no more than two (2) beds o f this specification per room; (3) it is acceptable to have varying bed specifications in one (1) room as long as there are no more than four (4) persons per room; (f) a Bed and Breakfast home shall make breakfast available to onsite guests, but shall not operate a s a food service establishment unless a food service establi shment is permitted; (g) all advertising for any Bed and Breakfast home shall include the number of the license granted to the owner-proprietor; (h) the act of advertising, marketing, and listing a property as a Bed and Breakfast, short-term vacatio n rental unit, or accommodation as part of a tour package th rough an advertisement, marketing,

h) the act of advertising, marketing, and listing a property as a Bed and Breakfast, short-term vacatio n rental unit, or accommodation as part of a tour package th rough an advertisement, marketing, or booking platform or ot her intermediaries presumes participation in the Bed an d Breakfast or short-term vacation rental industry an d shall be subject to the enforcement and penalties pursuant t o this Chapter; (i) single-station smoke detectors shall be provide d in all guest bedrooms; COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 11 (j) the owner-proprietor shall create 'house polici es' and post them on all booking platforms or intermedi aries used to market, advertise, list, find, and rent the ir property as a Bed and Breakfast. No booking shall occur without a posted house policy and an agreement between the owner-pro prietor and the guest to abide by the house policies. The h ouse policies shall be posted within each guest room and shall be identical to the house policies listed on the booki ng platform or intermediary used to market, advertise, list, fi nd, and rent a room in the Bed and Breakfast. The owner-propriet or is responsible for enforcing such policies.

ies listed on the booki ng platform or intermediary used to market, advertise, list, fi nd, and rent a room in the Bed and Breakfast. The owner-propriet or is responsible for enforcing such policies. The house policies shall include the following provisions: (1) quiet hours shall be maintained from 9:00 p.m. to 5:00 a.m., during which any noise in the Bed and Breakfast home shall not disturb anyone on neighbor ing properties; and (2) vehicles shall be parked in the designated onsite parking area. SOURCE: Added as § 61107 by P.L. 33-165:5 (June 30, 2016 ), and renumbered by the Compiler. § 61117. Reduced Tax Rates for Senior Citizens Elig ibility Retained. A senior citizen whose residential property qualifi es for reduced tax rates under the provisions of § 24110 o f Chapter 24, Title 11, Guam Code Annotated, and operates a Bed a nd Breakfast on this property shall remain eligible for reduced tax rates and retain eligibility for reduced tax rates. SOURCE: Added as § 61108 by 33-165:5 (June 30, 2016), an d renumbered by the Compiler. § 61118. Rules and Regulations. Subject to the Administrative Adjudication Act, the Department of Revenue and Taxation may adopt rules and regulations

June 30, 2016), an d renumbered by the Compiler. § 61118. Rules and Regulations. Subject to the Administrative Adjudication Act, the Department of Revenue and Taxation may adopt rules and regulations for the implementation of this Sub-Arti cle. SOURCE: Added as § 61109 by P.L. 33-165:5 (June 30, 2016 ), and renumbered by the Compiler. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 12 § 61119. Imposition. An excise tax is hereby levied and imposed which sh all be assessed and collected monthly against transient oc cupants of a room or rooms in a Bed and Breakfast pursuant to Ch apter 30 of Division 2, Title 11, Guam Code Annotated. SOURCE: Added as § 61110 by P.L. 33-165:5 (June 30, 2016 ), and renumbered by the Compiler. § 61120. Exemption from Hotel Sanitation Law. Bed and Breakfast owners are not subject to the hot el sanitation law in Chapter 26 of Division 2, Title 1 0, Guam Code Annotated. SOURCE: Added as § 61111 by P.L. 33-165:5 (June 30, 2016) , and renumbered by the Compiler. § 61121. Sub-Article Not Applicable. This Sub-Article shall not apply to homes hosting a student for a student exchange program, in which the host f amily has received compensation for housing and

r. § 61121. Sub-Article Not Applicable. This Sub-Article shall not apply to homes hosting a student for a student exchange program, in which the host f amily has received compensation for housing and feeding the e xchange student; provided, that the exchange program is bei ng hosted by a school within Guam that has been accredited by a Un ited States recognized accreditation commission, and the head o f household or host family agrees in writing to accept responsi bility for any and all harm and damages resulting from interaction s between the exchange student. SOURCE: Added as § 61112 by P.L. 33-165:5 (June 30, 2016 ), and renumbered by the Compiler. SUBARTICLE 2 SHORT -TERM VACATION RENTAL UNIT SOURCE: Subarticle 2, §§ 61113-61121, added to Article 2 of this chapter by P.L. 33-165:6 (June 30, 2016). 2017 NOTE: To accommodate future enactments and amendments, Subarticle 2 was renumbered by the Compiler pursuan t to the authority of 1 GCA § 1606. Internal references alte red to reflect the change. § 61131. Purpose and Intent. § 61132. Definitions. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 13 § 61133. Short-term Vacation Rental Unit Certificat e. § 61134.

alte red to reflect the change. § 61131. Purpose and Intent. § 61132. Definitions. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 13 § 61133. Short-term Vacation Rental Unit Certificat e. § 61134. Application for Short-term Vacation Rental Unit Certificate. § 61135. Short-term Vacation Rental Unit Emergency Contact. § 61136. Short-term Vacation Rental Unit Regulation s. § 61137. Sub-Article Not Applicable. § 61138. Imposition. § 61139. Exemption from Hotel Sanitation Law. § 61131. Purpose and Intent. It is the purpose of this Sub-Article to protect th e public health, safety and general welfare of individuals a nd the community at large; to monitor and provide reasonab le means for citizens to mitigate impacts created by the occupan cy of short- term vacation rental units; and to implement ration ally based, reasonably tailored regulations to protect the inte grity of Guam’s neighborhoods. SOURCE: Added as § 61113 by P.L. 33-165:6 (June 30, 2016) , and renumbered by the Compiler. § 61132. Definitions. (a) Code compliance verification form is a document executed by a short-term vacation rental unit prope rty owner certifying that the property is in compliance with applicable

. § 61132. Definitions. (a) Code compliance verification form is a document executed by a short-term vacation rental unit prope rty owner certifying that the property is in compliance with applicable zoning, building, health and life safety code provi sions, to include homeowners association or condominium covenants, ru les and regulations, or restrictions. No person shall allow occupancy or possession of any short-term vacation rental unit i f the premises are in violation of any applicable zoning, building , health or life safety code provisions. (b) Short-term vacation rental unit occupants means guests, tourists, lessees, vacationers or any other person who, in exchange for compensation, occupies a dwelling unit for lodg ing for any term length not to exceed thirty (30) consecutive d ays. (c) Short-term vacation rental unit means an accommodation for transient guests where, in exchan ge for compensation, a residential dwelling unit is provid ed for lodging COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 14 for any term length not to exceed thirty (30) conse cutive days. Such use may or may not include an on-site manager.

unit is provid ed for lodging COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 14 for any term length not to exceed thirty (30) conse cutive days. Such use may or may not include an on-site manager. (d) Short-term vacation rental unit emergency conta ct means a natural person designated by the owner of a short-term vacation rental unit on the short-term vacation ren tal unit certificate application. Such person shall be avail able for and responsive to contact at all times, and is someone who is customarily present at a location within Guam for p urposes of transacting business. SOURCE: Added as § 61114 by P.L. 33-165:6 (June 30, 2016 ), and renumbered by the Compiler. § 61133. Short-term Vacation Rental Unit Certifica te. No person shall rent, lease or otherwise exchange f or compensation all or any portion of a dwelling unit as a short-term vacation rental unit, as defined in § 61131, withou t first obtaining a business tax certificate from the Department of R evenue and Taxation, and complying with the regulations contai ned in this Sub-Article. No certificate issued under this Sub-A rticle may be transferred or assigned or used by any person other than the one to whom it is

and complying with the regulations contai ned in this Sub-Article. No certificate issued under this Sub-A rticle may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued. SOURCE: Added as § 61115 by P.L. 33-165:6 (June 30, 2016 ), and renumbered by the Compiler. § 61134. Application for Short-term Vacation Renta l Unit Certificate. (a) Applicants for a short-term vacation rental uni t certificate shall submit, on an annual basis, an ap plication for a short-term vacation rental unit certificate to the Director of the Department of Revenue and Taxation The application shall be furnished under oath on a form specified by Directo r, accompanied by a non-refundable application fee. Su ch application shall include: (1) the name, address, telephone number and email address of the owner(s) of record of the dwelling u nit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners , officers COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 15 and/or directors of any such entity, including pers onal contact information; (2) the

rson, the application shall identify all partners , officers COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 15 and/or directors of any such entity, including pers onal contact information; (2) the address of the unit to be used as a short-t erm vacation rental unit; (3) the name, address, telephone number and email address of the short-term vacation rental unit emer gency contact, which shall constitute his or her twenty-f our (24) hour contact information; (4) the owner’s sworn acknowledgement that he or sh e has received a copy of this Sub-Article, has review ed it and understands its requirements; (5) the number and location of parking spaces allot ted to the premises; (6) the owner’s agreement to use his or her best ef forts to assure that use of the premises by short-term va cation rental unit occupants will not disrupt the neighbor hood, and will not interfere with the rights of neighboring p roperty owners to the quiet enjoyment of their properties; and (7) any other information that this Sub-Article req uires the owner to provide to the Department as part of a n application for a short-term vacation rental unit c ertificate.

f their properties; and (7) any other information that this Sub-Article req uires the owner to provide to the Department as part of a n application for a short-term vacation rental unit c ertificate. The Director or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this Sub-Art icle. (b) Attached to and concurrent with submission of t he application described in this Section, the owner sh all provide: (1) the owner’s sworn code compliance verification form; (2) a written exemplar agreement, which shall consi st of the form of document to be executed between the owner and occupant(s), and which shall contain the follow ing provisions: (A) the occupant(s)’ agreement to abide by all of the requirements of this Sub-Article, state and fed eral law, and acknowledgement that his or her rights und er COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 16 the agreement may not be transferred or assigned to anyone else; (B) the occupant(s)’ acknowledgement that the total number of occupants shall be limited to up to two (2) adult guests and up to two (2) minor guests per bedroom; (C) the occupant(s)’

to anyone else; (B) the occupant(s)’ acknowledgement that the total number of occupants shall be limited to up to two (2) adult guests and up to two (2) minor guests per bedroom; (C) the occupant(s)’ acknowledgement that it shall be unlawful to allow or make any noise which a reasonable person may deem excessive between the hours of 9:00 p.m. and 5:00 a.m.; and (D) the occupant(s)’ acknowledgement and agreement that violation of the agreement or this S ub- Article may result in immediate termination of the agreement and eviction from the short-term vacation rental unit by the owner or emergency contact, as w ell as the potential liability for the payment of fines levied by the Department; (3) proof of the owner’s current ownership of the short-term vacation rental unit or similar document ation showing possession or responsibility of property; (4) proof of property owner's insurance of property , to include any policies for Bed and Breakfasts, short- term rental units, or similar activities; (5) a written certification from the short-term vac ation rental unit emergency contact that he or she agrees to perform the duties specified in § 61135; and (6) the certificate holder shall

ivities; (5) a written certification from the short-term vac ation rental unit emergency contact that he or she agrees to perform the duties specified in § 61135; and (6) the certificate holder shall publish the short- term vacation rental unit certificate number in every pr int, digital and/or internet advertisement, and in any property listing in which the short-term vacation rental unit is advert ised. SOURCE: Added as § 61116 by P.L. 33-165:6 (June 30, 2016 ), and renumbered by the Compiler. § 61135. Short-term Vacation Rental Unit Emergency Contact. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 17 The owner of a short-term vacation rental unit shal l designate a short-term vacation rental unit emergency contact on its application for a short-term vacation rental unit c ertificate. A property owner may serve as the short-term vacation rental unit emergency contact; provided, that such owner is abl e to comply with the requirements of this Section. The duties o f the short-term vacation rental unit emergency contact are to: (a) be reasonably available to handle any problems arising from the short-term vacation rental unit or its occupants; (b) appear on the premises of any

vacation rental unit emergency contact are to: (a) be reasonably available to handle any problems arising from the short-term vacation rental unit or its occupants; (b) appear on the premises of any short-term vacati on rental unit within two (2) hours following notifica tion from the Director, village Mayor, or emergency personnel of issues related to the use or occupancy of the premi ses. This includes, but is not limited to, notification that occupants of the short-term vacation rental unit have created un reasonable noise or disturbances, engaged in disorderly conduc t or committed violations of the applicable law pertaini ng to noise, disorderly conduct, overcrowding, and consum ption of alcohol or use of illegal drugs. Failure of the age nt to timely appear to two (2) or more complaints regarding viol ations may be grounds for penalties as set forth in this C hapter. This is not intended to impose a duty to act as a peace officer or otherwise require the emergency contact to place hi mself or herself in a perilous situation; (c) receive and accept service of any notice of violation related to the use or occupancy of the pr emises; and (d) monitor the short-term vacation

place hi mself or herself in a perilous situation; (c) receive and accept service of any notice of violation related to the use or occupancy of the pr emises; and (d) monitor the short-term vacation rental unit for compliance with this Chapter. (e) An owner may change his or her designation of a short-term vacation rental unit emergency contact temporarily or permanently; however, there shall on ly be one (1) such emergency contact for a property at any gi ven time. To change the designated emergency contact, the own er shall notify the Director in writing of the new emergency contact’s identity, together with all information regarding s uch person as required by the applicable provisions of § 61134 . Review COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 18 of an application shall be conducted in accordance with due process principles and shall be granted unless the applicant fails to meet the conditions and requirements of th is Chapter, or otherwise fails to demonstrate the ability to co mply with the laws of Guam or the United States. Any false st atements or information provided in the application are grou nds for revocation, suspension and/or imposition of penalti es,

bility to co mply with the laws of Guam or the United States. Any false st atements or information provided in the application are grou nds for revocation, suspension and/or imposition of penalti es, including denial of future applications. SOURCE: Added as § 61117 by P.L. 33-165:6 (June 30, 2016 ), and renumbered by the Compiler. § 61136. Short-term Vacation Rental Unit Regulation s. (a) Notwithstanding Chapter 9 of Title 5, Guam Code Annotated, the Director of the Department of Revenu e and Taxation shall issue or amend the necessary application, certificates, and reporting forms in accordance wit h this Sub- Article. (b) The Director of the Department of Revenue and T axation may adopt or amend additional rules and regulations as are necessary and proper to implement the provisions of this Sub- Article, subject to the Administrative Adjudication Act. SOURCE: Added as § 61118 by P.L. 33-165:6 (June 30, 2016 ), and renumbered by the Compiler. Amended by P.L. 34-097: 2 (May 14, 2018). 2018 NOTE: Subsection/subitem designations altered/added purs uant to the authority of 1 GCA § 1606. § 61137. Sub-Article Not Applicable.

ed by the Compiler. Amended by P.L. 34-097: 2 (May 14, 2018). 2018 NOTE: Subsection/subitem designations altered/added purs uant to the authority of 1 GCA § 1606. § 61137. Sub-Article Not Applicable. This Sub-Article shall not apply to homes hosting a student for a student exchange program, in which the host f amily has received compensation for housing and feeding the e xchange student; provided, that the exchange program is bei ng hosted by a school within Guam that has been accredited by a Un ited States recognized accreditation commission, and the head o f household or host family agrees in writing to accept responsi bility for any and all harm and damages resulting from interaction s between the exchange student. SOURCE: Added as § 61119 by P.L. 33-165:6 (June 30, 2016 ), and renumbered by the Compiler. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 19 § 61138. Imposition. An excise tax is hereby levied and imposed which sh all be assessed and collected monthly against transient oc cupants of a room or rooms in a short-term vacation rental unit pursuant to Chapter 30 of Division 2, Title 11, Guam Code Annot ated. SOURCE: Added as § 61120 by P.L.

ted monthly against transient oc cupants of a room or rooms in a short-term vacation rental unit pursuant to Chapter 30 of Division 2, Title 11, Guam Code Annot ated. SOURCE: Added as § 61120 by P.L. 33-165:6 (June 30, 2016 ), and renumbered by the Compiler. § 61139. Exemption from Hotel Sanitation Law. Short-term vacation rental unit owners are not subj ect to the hotel sanitation law in Chapter 26 of Division 2, T itle 10, Guam Code Annotated. SOURCE: Added as § 61121 by P.L. 33-165:6 (June 30, 2016) , and renumbered by the Compiler. ---------- ARTICLE 2 ESTABLISHMENT OF ZONES AND BOUNDARIES § 61201. Zones. § 61202. Zoning Map: Agana: Adopted. § 61203. Zone Boundaries. § 61204. Church Zone in Dededo. § 61205. Maina R-2 Zone. § 61206. Maina Commercial Zone. § 61207. Tumon Commercial Zone. § 61208. Yigo Commercial Zone. § 61209. Nimitz Hill R-2 Zone. § 61210. Tumon Bay H Resort-Hotel Zone. § 61211. Artero Urunao Property Zoned H. § 61212. Notification & Appeal of Zoning (Tumon Bay ). § 61213. Interim Regulations to Enforce H Zone. § 61214. Split-Zoned Lots. § 61215. Paseo de Susana Planned Development Distr ict. § 61215.1. Compliance to United States Public Law 8 6-664. § 61216.

§ 61213. Interim Regulations to Enforce H Zone. § 61214. Split-Zoned Lots. § 61215. Paseo de Susana Planned Development Distr ict. § 61215.1. Compliance to United States Public Law 8 6-664. § 61216. Yigo Lot Rezoned. § 61217. Federal Excess Land Zoning. § 61218. Rezoning of Lot Naval Air Station Agaña 13 COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 20 (Officers Housing Area) from Agricultural Zone (A) to Multiple Dwelling Zone (R2). § 61219. Rezoning of Lot Naval Air Station Agaña 17 (EDC Parcel 1) and Lot Naval Air Station Agaña 20 (EDC Parcel 2) from Agricultural Zone (A) to Light Industrial Zone (M1). § 61201. Zones. (a) In order to carry out the purposes and provisi ons of this Chapter, areas within the Territory of Guam are her eby divided into eight zones, known as: (1) A Agricultural Zone. (2) R1 One-Family Dwelling Zone. (3) R2 Multiple Dwelling Zone. (4) P Automobile Parking Zone. (5) C Commercial Zone. (6) M1 Light Industrial Zone. (7) M2 Industrial Zone. (8) LC Limited Commercial Zone. (b) The aforesaid zone symbols and the boundaries of such zones shall be shown upon a map or maps which shall be designated as the Zoning Map.

(7) M2 Industrial Zone. (8) LC Limited Commercial Zone. (b) The aforesaid zone symbols and the boundaries of such zones shall be shown upon a map or maps which shall be designated as the Zoning Map. (c) The Zoning Map shall be adopted by the Commiss ion and shall be effective upon its approval by the Com mittee on Rules of the Legislature and by the Governor. The Z oning Map shall be submitted to the Committee on Rules prior to its submission to the Governor and such map shall be de emed approved by said Committee unless within fifteen (1 5) days of its receipt thereof, said Committee shall adopt a resol ution disapproving the same, in which case the map shall be returned to the Commission. No such map shall be adopted by the Commission except after public hearing, ten (10) da ys notice of time and place of which shall be given in a newspap er of general circulation. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 21 (d) The Zoning Map may be divided into separate pa rts and separately adopted and approved as the necessary pl anning and study therefor is completed. SOURCE: GC § 17050.

ROPERTY CH. 61 ZONING LAW 21 (d) The Zoning Map may be divided into separate pa rts and separately adopted and approved as the necessary pl anning and study therefor is completed. SOURCE: GC § 17050. 2015 NOTE: Subsection designations were added to adhere to t he Compiler’s general codification scheme pursuant to authority granted by 1 GCA § 1606. NOTE: Pursuant to P.L. 32-025:3 (May 10, 2013), which amended the name of the M1 zone, all references to M1 have been altered from Limited Industrial Zone to Light Industrial Zone. § 61202. 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 Mongmong-Mai te road, two hundred (200) feet in depth on each such area. Notwithstanding any other provision of law, these t wo commercial zones may not hereafter be altered or ch anged except by statute. The zoning map of Agana is further amen ded by extending the commercial zones north and south of R oute Four, from Marine Drive to Lot 83 Sinajana on the north s ide and to Lot 3202 Sinajana on the south side, to

p of Agana is further amen ded by extending the commercial zones north and south of R oute Four, from Marine Drive to Lot 83 Sinajana on the north s ide 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 further extending the commercial zone on said map to includ e the entire area bordered by Route Four, 3rd Street South, Firs t Street East and Cliff Drive Extension. SOURCE: GC § 17050.1. Repealed and reenacted by P.L. 10-00 5, amended by P.L. 12-160. § 61203. Zone Boundaries. (a) Where the zone boundaries indicated on the Zoni ng Map, said map, and all the notations, references and the ir extensions; such lines shall be construed to be the zone bounda ries. (b) Where the zone boundaries indicated on said map are not street, alley or lot lines, or extensions thereof, the zone boundaries shall be determined by the use of the scale appeari ng on the Zoning Map, unless otherwise specifically shown by dimension. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 22 (c) In any case where there is uncertainty as to th e intended location of a zone boundary, the Commission shall h ave the power and duty to

sion. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 22 (c) In any case where there is uncertainty as to th e intended location of a zone boundary, the Commission shall h ave the power and duty to determine its intended location. SOURCE: GC § 17051. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 61204. Church Zone in Dededo. As an amendment to the Dededo Zoning Map (Land Management Drawing No. E3-67S39), adopted by the Co mmittee on Rules of the Guam Legislature pursuant to the pr ovisions of § 61201 of this Chapter, the area in the municipality of Dededo, bounded by West Santa Monica Avenue to the north, D olores Street to the east, and West San Antonio Avenue to the south and west, is hereby declared to be zoned for church and church-related activities. SOURCE: GC § 17052 enacted by P.L. 10-106. § 61205. Maina R-2 Zone. Basic Lots Nos. 242, 243 and 269 REM, all in Maina in the municipality of Asan, are hereby rezoned to R-2, mu ltiple dwelling. SOURCE: GC § 17053 enacted by P.L. 12-111. § 61206. Maina Commercial Zone. Lots Nos. 235-REM-3-1 and 235-REM-3-2 in Maina in t he municipality of Asan are hereby rezoned to C, comme rcial.

dwelling. SOURCE: GC § 17053 enacted by P.L. 12-111. § 61206. Maina Commercial Zone. Lots Nos. 235-REM-3-1 and 235-REM-3-2 in Maina in t he municipality of Asan are hereby rezoned to C, comme rcial. SOURCE: GC § 17053.1 enacted by P.L. 12-111. § 61207. Tumon Commercial Zone. All property lying on either side of Route 1 (Marin e Drive) between the two intersections of Tumon Loop with Ro ute 1, to a depth of 200 feet from the edge of the right of way along Route 1, is hereby established as commercial zone property. The Department of Land Management is hereby directed to amend its zoning maps accordingly. SOURCE: GC § 17053.2 enacted by P.L. 12-160. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 23 § 61208. Yigo Commercial Zone. (a) All property lying on either side of Route 1 (Marin e Corps Drive) between the Old Marbo PX and the Yigo Cathol ic Church, to a depth of two hundred (200) feet from the edge of the right-of- way along Route 1, is hereby established as commerc ial zone property. The Department of Land Management is here by directed to amend its zoning maps accordingly. (b) Yigo Commercial Zone Extension.

way along Route 1, is hereby established as commerc ial zone property. The Department of Land Management is here by directed to amend its zoning maps accordingly. (b) Yigo Commercial Zone Extension. Additionally, private landowners of all properties between the Yi go Catholic Church, Our Lady of Lourdes, (but not including the Church lot) to Tract 9210 (but not including any lot in Tract 9 210), to a depth of two hundred (200) feet from the edge of Route 1 to the east may voluntarily opt-in to rezone their properties up to Commercial Zone (C). SOURCE: GC § 17053.3 enacted by P.L. 12-160. Amended by P.L . 34- 161:2 (Dec. 28, 2018). 2019 NOTE: Pursuant to P.L. 23-161:3 (Dec. 28, 2018), the 'l egislative rezoning is voluntary and not mandatory; and affirm ative action needs to be taken to complete the rezoning.' P.L. 23-161 al so sets forth other legislative requirements connected to the rezoning under this law. Subsection designations have been added/altered to adhere to the Compiler’s general codification and alpha-numeric s chemes pursuant to authority granted by 1 GCA § 1606. § 61209. Nimitz Hill R-2 Zone.

bsection designations have been added/altered to adhere to the Compiler’s general codification and alpha-numeric s chemes pursuant to authority granted by 1 GCA § 1606. § 61209. Nimitz Hill R-2 Zone. All property lying on either side of the road from Top O’ the Mar (Nimitz Hill -Spruance Drive) to the New Piti E lementary School, to a depth of 200 feet from the edge of the right of way along Route 6, is hereby established as R-2 zone pr operty. The Department of Land Management is hereby directed to amend its zoning maps accordingly. SOURCE: GC § 17053.4 enacted by P.L. 12-160. § 61210. Tumon Bay H Resort-Hotel Zone. All land in the area known as Tumon Bay as designat ed by the Bureau of Planning’s Tamuning Community Design Map No. 10, at the effective date of this Act is zone H Res ort-Hotel Zone pursuant to the provisions of this Act. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 24 SOURCE: GC § 17111 enacted by P.L. 14-041, amended by P.L. 14- 082:7. § 61211. Artero Urunao Property Zone H. The following described real property is zoned H Re sort- Hotel Zone: The Artero Urunao property consisting of Lots 10080 ; PO 2.2; PO 2.3; PO 2.5; PO 3.1; PO 4.1; PO 5.30; a nd that lot

erty Zone H. The following described real property is zoned H Re sort- Hotel Zone: The Artero Urunao property consisting of Lots 10080 ; PO 2.2; PO 2.3; PO 2.5; PO 3.1; PO 4.1; PO 5.30; a nd that lot starting at the shoreline of the Pacific O cean at a point northeast of Double Reef, thence 360 meters due east, thence 900 meters north 7 degrees, thence 173 meters north 81 degrees; thence 69 meters north 27 degrees, thence 425 meters north 60 degrees to the Pacific Ocean thence generally south along the Paci fic Ocean shoreline to the starting point northeast of Double Reef as shown on the map entitled Marianas Area, Re al Estate Requirements, Northwest Guam Air Force Base, Y and D Drawing No. 597 - 464, Marianas Area Drawing No. 10995, as approved by the Base Development Officer for the Chief of Bureau on September 24, 1963. SOURCE: GC § 17112 added by P.L. 18-048:9. § 61212. Notification and Appeal of Zoning [Tumon B ay]. (a) Any property owner affected by the rezoning in this Law may, notwithstanding the provisions of this Law and not more than ninety (90) days after the effective date of t his Law, notify the Territorial Land Use Commission that he desires that his land remain

y, notwithstanding the provisions of this Law and not more than ninety (90) days after the effective date of t his Law, notify the Territorial Land Use Commission that he desires that his land remain zoned as it is on the effective date of this Law and his land shall then remain so zoned. (b) The Director of the Department of Land Managem ent, as the Executive Secretary of the Territorial Land Use Commission, shall, within forty-eight (48) hours of the effecti ve date of this Law, send each landowner affected herein with a wri tten notice concerning the provisions of this Section of this L aw. SOURCE: GC §§ 17110 and 17111, as added by P.L. 14-041:3, e ffective June 28, 1977. P.L. 14-82:7 amended GC § 1711. Cod ified by the Compiler as §§ 61311 and 61210. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 25 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 61213. Interim Regulations to Enforce H Zone. The Territorial Land Use Commission shall adopt wit hin thirty (30) days following enactment of this Act su ch interim regulations as required to enforce the intent and p rovisions of the H Resort-Hotel Zone.

torial Land Use Commission shall adopt wit hin thirty (30) days following enactment of this Act su ch interim regulations as required to enforce the intent and p rovisions of the H Resort-Hotel Zone. Such interim regulations shall be adopted pursuant to those procedures outlined in the Admini strative Adjudication Law, 5 GCA Ch. 9. Such interim regulat ions shall be in effect until adoption of final regulations by the Territorial Land Use Commission. SOURCE: P.L. 14-082:8 (Dec. 8, 1977). Codified by Compiler. § 61214. Split-Zoned Lots. (a) Split-Zone Election. Whenever a lot is affecte d by a zoning boundary which creates two (2) separate zoni ng designations within its boundaries, the property ow ner of such affected lot shall have the right to select one (1) of the two (2) zones, and to have it apply to the entire lot. Upon receiving a written request by a property owner to elect a zoni ng designation for the affected lot, the Director of the Departmen t of Land Management shall approve the request, shall process all necessary documents to reflect the approval, and shall update all official maps of Guam to indicate the zone which the propert y owner has chosen.

agement shall approve the request, shall process all necessary documents to reflect the approval, and shall update all official maps of Guam to indicate the zone which the propert y owner has chosen. (b) Applicability of Lot Split-Zone Boundary. Whil e the lots are still affected by the lot split, a permitt ed use on one (1) portion of the zone boundary cannot be extended to the other side of the lot split-zone boundary if it is not a permi tted use on the portion of the same lot or on the abutting lot to b e extended. In order to extend such permitted use from one (1) sid e of the lot split-zone boundary to the other side, a conditiona l use permit or a zone variance, as applicable, must be obtained pu rsuant to § 61303 or § 61617, Title 21, Guam Code Annotated. (c) Conditional Use. All uses permitted on the aff ected lot by the zone chosen by the property owner making a s plit-zone election shall be conditional and subject to approv al in the manner required to obtain a zone variance as provided in § 61303, Title COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 26 21, Guam Code Annotated.

ll be conditional and subject to approv al in the manner required to obtain a zone variance as provided in § 61303, Title COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 26 21, Guam Code Annotated. No such use shall be permi tted upon any part of the lot described in Subsection (a) abo ve which is inconsistent or incompatible with the uses of prope rty adjacent to such part, nor which would otherwise be detrimental to the public. (d) Lot Consolidation. A split-zone election shall only be made on lots that are encumbered by such split-zone designation, as delineated in the official zone map series for t he applicable municipality. No extension of a zone boundary shall be allowed under a lot consolidation with another lot unaffect ed by the split- zone boundary. Any split-zone extension being pursu ed through lot consolidation on an unaffected parcel must unde rgo the regular zone change process through the Guam Land Use Commi ssion for such extension on the unaffected lot. SOURCE: Added by P.L. 25-131:2. Repealed and reenacted by P.L. 31- 098:2 (Sept. 30, 2011). § 61215. Paseo de Susana Planned Development Distr ict.

ommi ssion for such extension on the unaffected lot. SOURCE: Added by P.L. 25-131:2. Repealed and reenacted by P.L. 31- 098:2 (Sept. 30, 2011). § 61215. Paseo de Susana Planned Development Distr ict. (a) Real estate conveyed to the government of Gua m pursuant to United States Public Law 86-664, record ed as Department of Land Management Document No. 44682, i nclusive of Lot Number A-4, Municipality of Hagåtna, contain ing an area of 36.75 acres, rezoned Planned Development Distric t by the Guam Land Use Commission on July 27, 1989, is, upon the adoption of the Master Plan, as authorized within t his Section, known as the 'Paseo de Susana Planned Development D istrict'. The nomenclature of this zoning amendment shall be the 'Paseo de Susana Planned Development District.' (b) All existing uses and activities inclusive of t he proposed Guam Fishermen’s Cooperative Association facility e xpansion shall be made a part of the Paseo de Susana Planned Development District Master Plan. (c) The Directors of Public Works, Land Management, Parks and Recreation, and the Administrator of the Guam E conomic Development and Commerce Authority shall, within si xty (60) days, prepare a master plan

Directors of Public Works, Land Management, Parks and Recreation, and the Administrator of the Guam E conomic Development and Commerce Authority shall, within si xty (60) days, prepare a master plan following the drawing r equirements outlined in 21 GCA § 62402(a)(1). The master plan shall reflect the as-built locations of all fixed structures incl uding the combina- tion of uses that constitutes a Planned Development District COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 27 required by 21 GCA § 61635. The Guam Land Use Comm ission and the Guam Seashore Protection Commission shall r eview and act on, within ninety (90) days, the submitted Mast er Plan. SOURCE: Added by P.L. 27-024:3 (July 18, 2003). § 61215.1. Compliance to United States Public Law 8 6-664. The Paseo de Susana Planned Development District sh all enable the unified development of the property conv eyed by United States Public Law 86-664, to the government of Guam and recorded at the Department of Land Management as Do cument Number 44682, inclusive of any fraction of public l and therein consolidated. The Planned Development District sha ll exhibit a combination of uses appropriate to an integrated pl an

ent as Do cument Number 44682, inclusive of any fraction of public l and therein consolidated. The Planned Development District sha ll exhibit a combination of uses appropriate to an integrated pl an solely for civic, park, and recreational purposes. All facili ties, uses or activities not put to use for civic, park or recrea tional purposes but appurtenant, subsidiary, complimentary, supportive or secondary towards the unified Planned Development District sh all be made to be an accessory use or accessory structure as pr ovided within 21 GCA Chapter 61. SOURCE: Added by P.L. 27-024:5 (July 18, 2003). § 61216. Yigo Lot Rezoned. Notwithstanding any provision of law, Lot No. 7061 -8, located in the municipality of Yigo, is hereby rezo ned from Planned Unit Development District ('PUD') to Agricu ltural ('A') zone. SOURCE: Added as uncodified law by P.L. 27-062:2. Codifie d by Compiler. § 61217. Federal Excess Land Zoning. Notwithstanding any provision of law, all federal e xcess land returned by the government of Guam to the original landowner shall be designated as Agricultural Zone (A).

. Federal Excess Land Zoning. Notwithstanding any provision of law, all federal e xcess land returned by the government of Guam to the original landowner shall be designated as Agricultural Zone (A). The o riginal landowner and all subsequent landowners may apply f or a higher zone designation by applying with the Department of Land Management Planning Division, and processing their zone change through the existing statutes, rules, regulations, procedures, and policies to obtain approval for their zone change r equest. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 28 SOURCE: Added by P.L. 31-198:1 (Mar. 30, 2012), amended by P.L. 33- 077:2 (Sept. 15, 2015). § 61218. Rezoning of Lot Naval Air Station Agaña 13 (Officers Housing Area) from Agricultural Zone (A) to Multiple Dwelling Zone (R2). (a) Applicability. Rezoning considerations shall b e applicable to the following original lots in Lot Na val Air Station Agaña 13 (Officers Housing Area): Lots 2053-A-1, 20 53-1-1, 2053-2-1, 2054, 2055, 2056, 2057, 2057-1, 2058 west ern section, 2058 eastern section, 2066-REM, and subdivisions of these lots, or as determined by the Department of Land Manageme nt to be within the boundaries

54, 2055, 2056, 2057, 2057-1, 2058 west ern section, 2058 eastern section, 2066-REM, and subdivisions of these lots, or as determined by the Department of Land Manageme nt to be within the boundaries of Lot Naval Air Station Agañ a 13 (Officers Housing Area). (b) Notification to Landowners. Within fifteen (15) working days from the enactment of this Act, the Di rector of the Department of Land Management shall send, by certif ied mail, notices to the last known registered owners of the lots or subdivisions of the basic lots listed in Subsection (a) of this Section informing them of this Act. A copy of this Act and information related to use regulations under the R2 Multiple Dwelling Zone, pursuant to 21 GCA § 61306, shall be attached to the notice. (c) Affirmation of Rezoning. Within one hundred eig hty (180) working days from the enactment of this Act o r from the date of conclusion of probate proceedings, owners o f the lots listed in Subsection (a) of this Section, or their adminis trator or administratrix, must provide written affirmation to the Director of the Guam Department of Land Management of their con currence to rezone their lots to Multiple Dwelling Zone (R2) .

dminis trator or administratrix, must provide written affirmation to the Director of the Guam Department of Land Management of their con currence to rezone their lots to Multiple Dwelling Zone (R2) . (d) Failure to Affirm or Non-Concurrence. The curre nt lot zone shall remain unchanged in the event the owner of the lot, or an authorized representative, does not submit a wri tten affirmation per Subsection (c) of this Section or does not conc ur with the rezoning to Multiple Dwelling Zone (R2). Any subseq uent change in zoning shall be processed pursuant to 21 GCA Cha pter 61. (e) Update of Master Zoning Map and Other Reference s. The Department of Land Management and the Bureau of Statistics COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 29 and Plans shall update the Master Zoning Map and an y other such documents, maps, public notices, and websites withi n one (1) year of the enactment of this Act. (f) Recordation. (1) The Department of Land Management shall post on its Records Division journals, its Planning Divisio n lists, and its Survey Division maps, against each relevant lot , its affirmed zone or its retention zone within two hund red seventy (270) days of the enactment

ision journals, its Planning Divisio n lists, and its Survey Division maps, against each relevant lot , its affirmed zone or its retention zone within two hund red seventy (270) days of the enactment of this Act. (2) The Department of Land Management shall, through its existing procedures, notify the Departm ent of Revenue and Taxation of the updated rezoning within two hundred seventy (270) days of the enactment of this Act. (3) The Department of Revenue and Taxation shall assess applicable real property taxes on these parc els, to be effective in the following tax year. (g) Rezoning Fee. Each lot owner agreeing to the r ezoning of their lots to Multiple Dwelling Zone (R2) shall be assessed a fee of One Thousand Two Hundred Eighty Dollars ($12 80.00) to defray costs related, but not limited to, research, notification, processing, recordation, and posting. Said fees sha ll be deposited in the Department of Land Management Land Survey Re volving Fund (LSRF). (h) The administrator/administratrix of any lot tha t is listed in Subsection (a) of this Section, and that is stil l going through probate, must present to the Department of Land Man agement a court order giving specific

administratrix of any lot tha t is listed in Subsection (a) of this Section, and that is stil l going through probate, must present to the Department of Land Man agement a court order giving specific authority to effect a z oning change on behalf of the estate, as part of the written affirm ation. SOURCE: Added by P.L. 34-037:2 (Aug. 7, 2017). § 61219. Rezoning of Lot Naval Air Station Agaña 17 (EDC Parcel 1) and Lot Naval Air Station Agaña 20 (EDC P arcel 2) from Agricultural Zone (A) to Light Industrial Zone (M1). (a) Applicability. Rezoning considerations shall be applicable to the following lots in Parcels 1 and 2 : Lots in Parcels 1 and 2 Eligible for Rezoning to M1 COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 30 2157 2169 2182 2157-1 2173 2191-1 2158 2174 2276 2159 2175 2277 2160 2176 2278 2161 2176A-1 5193 2162 2177 5193-3 2163 2178 5199 2164 2179 5199-1 2165 2180 5200 2167 2181 5201-1 2181-A 5202-1 (b) Notification to Landowners. Within fifteen (15) working days from the enactment of this Act, the Director o f the Department of Land Management shall send, by certified mail, notices to the last known registered owners of the lots listed in Subsection (a) informing them

nactment of this Act, the Director o f the Department of Land Management shall send, by certified mail, notices to the last known registered owners of the lots listed in Subsection (a) informing them of this Act. A copy o f this Act and information related to use regulations pursuant to § 61309 of Article 3, Chapter 61, Title 21, Guam Code Annotate d, shall be attached to the notice. (c) Affirmation of Rezoning. (1) Within one hundred eighty (180) working days fr om the enactment of this Act, owners of the lots liste d in Subsection (a), or their duly authorized representa tives, must provide written affirmation to the Director of the Department of Land Management of their concurrence to rezone t heir lots to Light Industrial Zone (M1). (2) In the case of pending probate court distributi ons, within one hundred eighty (180) working days from t he Department of Land Management recordation of the Fi nal Decree of Distribution, owners of the lots listed i n Subsection (a), or their duly authorized representatives, must provide written affirmation to the Director of the Guam Dep artment COL9/7/202121 GCA REAL PROPERTY CH.

n, owners of the lots listed i n Subsection (a), or their duly authorized representatives, must provide written affirmation to the Director of the Guam Dep artment COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 31 of Land Management of their concurrence to rezone t heir lots to Light Industrial Zone (M1). (d) Failure to Affirm or Non-Concurrence. The curr ent lot zone shall remain unchanged in the event the owner of the lot , or an authorized representative, does not submit a wri tten affirmation per Subsection (c) or does not concur with rezoning to M1. Any subsequent change in zoning shall be processed pursuant to 21 GCA Chapter 61. (e) Update of Master Zoning Map and Other Reference s. The Department of Land Management and the Bureau of Statistics and Plans shall update the Master Zoning Map and any other such documents, maps, public notices, and websites withi n one (1) year of the enactment of this Act. (f) Recordation. (1) The Department of Land Management shall post on its Records Division journals, its Planning Divi sion lists, and its Survey Division maps, against each relevant lot , its affirmed zone or its retention zone within two hund red seventy (270) days of the

ecords Division journals, its Planning Divi sion lists, and its Survey Division maps, against each relevant lot , its affirmed zone or its retention zone within two hund red seventy (270) days of the enactment of this Act. (2) The Department of Land Management shall , through its existing procedures, notify the Departm ent of Revenue and Taxation of the updated rezoning within two hundred seventy (270) days of the enactment of this Act. (3) The Department of Revenue and Taxation shall assess applicable real property taxes on these parc els, to be effective in the following tax year. (g) Rezoning Fee. Each lot owner agreeing to the r ezone of their lots to Light Industrial Zone (M1) shall be assessed a fee of Six Hundred Forty Dollars ($640.00) to defray costs related, but not limited to, research, notification, processing, recordation, and posting. Said fees shall be deposited in the Department of Land Management Land Survey Revolving Fund (LSRF). SOURCE: Added as § 61218 by P.L. 34-045:2 (Oct. 13, 2017), and renumbered by the Compiler. 2017 NOTE: Subitem designations added to subsection (c) pursu ant to the authority granted by 1 GCA § 1606. COL9/7/202121 GCA REAL PROPERTY CH.

-045:2 (Oct. 13, 2017), and renumbered by the Compiler. 2017 NOTE: Subitem designations added to subsection (c) pursu ant to the authority granted by 1 GCA § 1606. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 32 ---------- ARTICLE 3 USE REGULATIONS § 61301. Conformance of Uses to Zone Regulations. § 61302. Regulations Along District Boundaries. § 61303. Conditional Use. § 61303.1. Departmental Responsibilities: Costs All ocated. § 61304. A Rural Zone. § 61305. R1 One Family Dwelling Zone. § 61306. R2 Multiple Dwelling Zone. § 61307. C Commercial Zone. § 61308. P Automobile Parking Zone. § 61309. M1 Light Industrial Zone. § 61310. M2 Heavy Industrial Zone. § 61311. H Resort-Hotel Zone. § 61312. S-1 (School Zone). § 61313. Public Facility (PF). § 61301. Conformance of Uses to Zone Regulations. No building or structure shall be altered, enlarged , moved or maintained, and no building or land shall be used f or any purpose, except for a use permitted in the zone in which suc h building or land is located, as hereafter provided in this arti cle. SOURCE: GC § 17100. § 61302. Regulations Along District Boundaries.

purpose, except for a use permitted in the zone in which suc h building or land is located, as hereafter provided in this arti cle. SOURCE: GC § 17100. § 61302. Regulations Along District Boundaries. Where a commercial or industrial use occurs in zone s permitted such uses, but in areas which are located adjacent to rural or residential zones, the yard requirement sh all be twice that required of such use or twenty (20) feet, whichever is the greater. SOURCE: GC § 17101. § 61303. Conditional Use. (a) In addition to permitted uses in each of the zo nes, specified uses are permitted upon approval by the C ommission of the site plan including, but not limited to, dispos al of sewage, access, parking, structure location and dimensions of buildings, COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 33 impact of the proposed use on adjacent land uses, a nd accompanying covenants that may include performance standards. The Commission shall also consider such other elements as may be reasonably related to the health , safety and general welfare of the community. Copies of the de cision by the Commission shall be filed with the Department of La nd Management’s Office of the Registrar and

bly related to the health , safety and general welfare of the community. Copies of the de cision by the Commission shall be filed with the Department of La nd Management’s Office of the Registrar and in the rec ords of the Department of Public Works. All terms and condition s imposed by the Commission upon approval of a conditional us e permit shall be covenants that run with the land in perpet uity for that specific conditional use. Maintenance of terms and conditions imposed by the permit shall be the responsibility o f the property owner. The Guam Land Use Commission is authorized t o revoke approval of a conditional use permit for any failur e to comply with the terms and conditions of the conditional use. Th e Director of Land Management shall withhold approval or endorsem ent of any building permit, certificate of occupancy, or licen se for use of said property for any failure to comply with the terms a nd conditions of the conditional use as set forth by the Commissi on in approving the conditional use permit. (b) Notwithstanding any prior conditional use as pr ovided in subsection (a) of this section, any amendment to a site plan which plan was previously approved by the

roving the conditional use permit. (b) Notwithstanding any prior conditional use as pr ovided in subsection (a) of this section, any amendment to a site plan which plan was previously approved by the Commission shal l be approved by the Commission in accordance with the c riteria set forth in subsections (a) and (c) of this section. (c) (1) In any hearing or meeting on an application for conditional use whether based on an original or ame nded site plan, in each of the zones, the Commission shall r equire the applicant to give personal written notice at least ten (10) days prior to the hearing to property owners within a ra dius of five hundred feet (500') or if personal notice is not po ssible, then written notice to the last known address of such ow ner at least twenty-five (25) days prior to the hearing by certi fied mail, return receipt requested. In addition, the commiss ion shall require the applicant to erect a sign on the subjec t location, no smaller than four feet (4') by eight feet (8') i n height and width, displayed to make the following information available to the general public in a reasonable manner: COL9/7/202121 GCA REAL PROPERTY CH.

er than four feet (4') by eight feet (8') i n height and width, displayed to make the following information available to the general public in a reasonable manner: COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 34 (A) a Statement of Public Notice that an application for conditional use has been filed with the Territorial Land Use Commission; (B) the title of the application as filed, containi ng the name of the owner, the name of the developer, t he lot number, and the proposed conditional use; and (C) the date, time and place of each public hearing and Commission meeting where public comments can be presented to the Commission. The sign shall be required to be erected and displayed with current information no less than ten (10) consecutive days prior to each scheduled public hearing or meeting. (2) The Commission shall not render a decision in f avor of any applicant that fails to comply with this sig n requirement and any other public notice requirement that is prescribed or imposed. Failure to meet the notice requirements as provided herein renders any approva l by the commission null and void. (d) Charges for Notification of Surrounding Propert y Owners.

prescribed or imposed. Failure to meet the notice requirements as provided herein renders any approva l by the commission null and void. (d) Charges for Notification of Surrounding Propert y Owners. These charges shall apply to all Guam Land Use Commission public hearings, to include Conditional Uses, Zone Change (Summary and Split Zone Changes), Zone Varia nces, Subdivision Variances, Wetlands, or Seashore Cleara nces. The Department shall charge the applicant with all cost s incurred in carrying out the requirements of Subsections (b) an d (c) of this Section, and all costs and fees so collected shall be deposited in the Department of Land Management Land Survey Revol ving Fund (LSRF) to be expended for the Division of Plan ning as the Director of Land Management may determine. The fol lowing rates shall be charged, and the total charges are c umulative over the following categories, as applicable: (1) CERTIFIED MAIL: Current U. S. Postal Rate as established. (A) Maximum of 25 property owners x current U.S. postal rate (B) Maximum of 50 property owners x current COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 35 U.S.

nt U. S. Postal Rate as established. (A) Maximum of 25 property owners x current U.S. postal rate (B) Maximum of 50 property owners x current COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 35 U.S. postal rate (C) Maximum of 75 property owners x current U.S. postal rate (D) Maximum of 100 property owners x current U.S. postal rate (E) Maximum of 125 property owners x current U.S. postal rate (plus 15% contingency fee) (2) Paper. Number of reams used x $25.00/ream: (A) Up to 1 ream $ 25.00 (B) More than 1 but less than 2 reams $ 50.00 (C) More than 2 but less than 3 reams $ 75.00 (D) More than 3 but less than 4 reams $100.00 (E) More than 4 but less than 5 reams $125.00 (plus 15% contingency fee) (3) Envelope. Number of envelopes x $.32: (A) Maximum of 25 property owners $ 8.00 (B) Maximum of 50 property owners $ 16.00 (C) Maximum of 75 property owners $ 24.00 (D) Maximum of 100 property owners $ 32.00 (E) Maximum of 125 property owners $ 40.00 (plus 15% contingency fee) COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 36 (4) Man-hours to complete research: 8 hours x $13.00 $104.00 (5) Equipment Use $ 75.00 SOURCE: P.L. 21-014:11(a) (Apr.

(plus 15% contingency fee) COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 36 (4) Man-hours to complete research: 8 hours x $13.00 $104.00 (5) Equipment Use $ 75.00 SOURCE: P.L. 21-014:11(a) (Apr. 20, 1991) repealed and reen acted subsections (a - c). Subsection (d) added by P.L. 29-002:V:III:7 (May 18, 2007). Subsection (a) amended by P.L. 36-007 (Mar. 5, 2021). 2017 NOTE: Subitem designations added/altered in subsection (c ) pursuant to the authority of 1 GCA § 1606. § 61303.1 Departmental Responsibilities: Costs Allo cated. (a) Pursuant to § 61303 of this Article, the Depar tment of Land Management (the Department) shall determine th e names and addresses and properly serve or mail all requir ed notices to all persons within the five hundred foot (500') radius of the proposed project who will be affected thereby. As provided i n § 61303 of this Article, the notices shall be served not less than ten (10) calendar days before any public hearing is to be co nducted. The five hundred foot (500') radius shall be measured f rom the exterior boundary lines of the project, and not from the cen ter.

ten (10) calendar days before any public hearing is to be co nducted. The five hundred foot (500') radius shall be measured f rom the exterior boundary lines of the project, and not from the cen ter. (b) The Department shall charge the applicants with all costs incurred in carrying out the requirements of subsec tion (a) of this section, and all costs and fees so collected shall be deposited in the Department’s operational funds to be expended f or the Division of Planning as the Director of Land Manage ment may determine. SOURCE: Added by P.L. 21-014:11(b),(c) (Apr. 20, 1991) as uncodified law. Codified by the Compiler as § 61303.1. § 61304. A Rural Zone. (a) Uses permitted: (1) One-family dwellings and duplexes. (2) Farming and fisheries, including all types of activities and pursuits customarily carried on in t he 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. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 37 (3) Cockpits. (4) Uses customarily accessory to any of the above uses including home occupations, and private auto

or commercial or personal uses. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 37 (3) Cockpits. (4) Uses customarily accessory to any of the above uses including home occupations, and private auto mobile parking areas as well as accessory buildings and structures such as private garages, warehouses, barns, corrals or othe r similar structures. (b) Conditional Uses: (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, marin as, beaches, swimming pools and accessory residential a nd commercial use. (7) Extractive industry. (8) Utilities and public facilities. (9) Wholesale and retail stores, shops and business es. (10) Automobile service stations, including service shops. (11) Bed and breakfasts and short-term vacation ren tal units. (12) Accessory uses and structures for the above. SOURCE: GC § 17103 is repealed and reenacted by P.L. 21-072 :23. Subsection (b) amended by P.L. 33-165:7 (June 30, 2 016). § 61305. R1 One-Family Dwelling Zone. (a) Use Permitted. (1) One-family dwellings.

: GC § 17103 is repealed and reenacted by P.L. 21-072 :23. Subsection (b) amended by P.L. 33-165:7 (June 30, 2 016). § 61305. R1 One-Family Dwelling Zone. (a) Use Permitted. (1) One-family dwellings. (2) Gardening and the keeping of pets for noncommercial purposes. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 38 (3) Bed and breakfasts. (4) Use customarily accessory to any of the above uses, including home occupations and private parkin g 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 laborato ry. (5) Utilities and public facilities. (6) Short-term vacation rental units. SOURCE: GC § 17104. Subsection (a) amended by P.L. 32-045: 2 (July 5, 2013). Subsection (b) amended by P.L. 33-165:8 ( June 30, 2016). § 61306. R2 Multiple Dwelling Zone . (a) Use Permitted. (1) One-family dwellings. (2) Duplexes. (3) Multi-family dwellings. (4) Hotels, private groups, and institutions. (5) Bed and breakfasts. (6) Accessory uses and structures for the above. (b) Conditional Uses. (1) Any conditional uses permitted in the R1 zone.

llings. (4) Hotels, private groups, and institutions. (5) Bed and breakfasts. (6) 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. SOURCE: GC § 17105. Subsection (b) as amended by P.L. 11-06 0. Subsection (a) amended by P.L. 32-045:3 (July 5, 20 13). COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 39 § 61307. C Commercial Zone. (a) Use Permitted. (1) One-family dwellings. (2) Duplexes. (3) Wholesale and retail stores, shops and business es. (4) Amusement enterprises. (5) Automobile service station, including minor repairs. (6) Bakeries. (7) Mortuaries. (8) Offices, business or professional, inclusive of professional healing arts offices and clinics, and banks. (9) Personal service shops, including barber shops, beauty parlors, laundromats, and the like. (10) Repair shops and service shops, including sho e repairs, plumbing, dressmaking, and the like, but n ot including automobile repair shops for major work. (11) Restaurants and cafes. (12) Studios.

(10) Repair shops and service shops, including sho e repairs, plumbing, dressmaking, and the like, but n ot including automobile repair shops for major work. (11) Restaurants and cafes. (12) Studios. (13) Other uses which in the judgment of the Commission, as evidenced by resolution in writing, are similar to those listed herein. (14) Uses customarily accessory to any of the abov e listed uses, including only those accessory to manu facturing, storage, compounding 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. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 40 (3) Shopping centers. (4) Recreation, including cockpits, marinas, amuse ment centers and drive-in theaters. (5) Multi-family. (6) Hotels, motels, bed and breakfasts, and tourist accommodations. (7) Air, bus, taxi and auto rental terminals. (8) Auto sales and car wash. (9) Parking garages and lots. (10) Service vehicle storage. (11) Mini-storage or mini-warehouse.

and tourist accommodations. (7) Air, bus, taxi and auto rental terminals. (8) Auto sales and car wash. (9) Parking garages and lots. (10) Service vehicle storage. (11) Mini-storage or mini-warehouse. (12) Laundries and cleaning and dyeing establishme nts. (13) Schools and churches. (14) Parks, playgrounds and community centers. (15) Utilities and public facilities. (16) Accessory uses and structures for the above. SOURCE: GC § 17106. Repealed and reenacted by P.L. 21-040:2 0 (June 15, 1991), P.L. 22-072:44 (Jan. 19, 1994). Amende d by P.L. 24-007:2 (Mar. 20, 1997). Subsection (b)(6) amended by P.L. 32-045:4 (July 5, 2013). § 61308. P Automobile Parking Zone. Use Permitted. (a) Public or commercial parking area and garages. (b) Public access to adjoining parking areas. (c) Loading and unloading of automobiles or trucks, but not to use portions of required parking space. (d) Service vehicle storage after commercial hours. (e) Utilities and public facilities. (f) Accessory uses and structures for the above. SOURCE: GC § 17107. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 41 2017 NOTE: Subsection/subitem designations deleted/altered pur suant to the authority of 1 GCA § 1606.

ructures for the above. SOURCE: GC § 17107. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 41 2017 NOTE: Subsection/subitem designations deleted/altered pur suant to the authority of 1 GCA § 1606. § 61309. M1 Light Industrial Zone. (a) Use Permitted. (1) Any use permitted with or without condition in the commercial zone. (2) The manufacturing, compounding, processing or treating of such products as drugs, cosmetics, and food products (not including fish and meat products no r the rendering of fats and oils). (3) The manufacturing, compounding, assembling or treating of articles or merchandise from previously prepared materials. (4) Automobile repair shops including painting, bod y and fender work and rebuilding; truck and tractor r epairing; and tire retreading. (5) Bottling and packaging plants. (6) Ceramic products manufacturing. (7) Laundries and cleaning and dyeing establishment s. (8) Machine shops and sheet metal shops. (9) Warehouses and cold storage plants. (10) Lumber yards, building material salesyards, contractor’s equipment storage yards, and the like. (11) Other uses which in the judgment of the Com missions, as evidence by a resolution in writing, a re similar to

s, building material salesyards, contractor’s equipment storage yards, and the like. (11) Other uses which in the judgment of the Com missions, as evidence by a resolution in writing, a re 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, obnoxi ous or offensive by reason of odor, dust, smoke, noise, ga s fumes, cinders, vibration, flashing lights, or water-carri ed waste. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 42 (2) Utilities and public facilities. (3) Accessory uses and buildings for the above. (c) Policy For Workforce Housing Facilities For Tempora ry Workers. The policy for the development of temporar y workforce housing shall be as follows: (1) The term temporary workforce housing shall be consistent with § 26A101 (b) of Chapter 26A, Title 10, Guam Code Annotated. (2) The Guam Land Use Commission (GLUC) shall liberally interpret the term temporary workforce ho using in order to ensure the protection of the public’s inte rests, safety and welfare.

de Annotated. (2) The Guam Land Use Commission (GLUC) shall liberally interpret the term temporary workforce ho using in order to ensure the protection of the public’s inte rests, safety and welfare. (3) Temporary workforce housing is hereby established as an approved conditional use under th e M1 Light Industrial Zone pursuant to § 61309, and the GLUC shall not approve any workforce housing development in any zoning area other than an M1 Zone. (4) (A) Applications for the development of tempora ry workforce housing shall come before the GLUC as a 'Conditional Use' subject to the review process of the Agency Review Committee, and shall be subject to specific conditions of approval as established by t he GLUC. (B) In addition to other conditions imposed by the GLUC, all temporary workforce housing conditions fo r approvals shall include the following minimum conditions: (i) Unless specifically limited, approvals shall be for an initial term of twenty-four (24) months, and thereafter shall be renewed annually. Renewals shall be on forms issued by the Chief Planner, and subject to inspection by the Chief Planner and a public hearing before the GLUC.

our (24) months, and thereafter shall be renewed annually. Renewals shall be on forms issued by the Chief Planner, and subject to inspection by the Chief Planner and a public hearing before the GLUC. (ii) The project must be served by an adequate sanitary sewer system. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 43 (iii) The project must have adequate fire flow indicated by a minimum six (6) inch diameter water line or other minimum water service conditions imposed by the Guam Waterworks Authority. (iv) The project must comply with all health and safety regulations of the government of Guam and the OSHA regulations, as applicable. (v) Each approved project shall include a substantial perimeter fence which shall be at least of 'chain link' quality and a minimum six (6) feet in height, and be subject to a complete landscape plan. (vi) The project must include a development plan indicating specific design parameters for sleeping, toilet and shower facilities, laundry services, food services, security, medical care, transportation services and recreation areas. (C) Notwithstanding any other provision of law, applications that are pending for a Conditional Use Permit for the

food services, security, medical care, transportation services and recreation areas. (C) Notwithstanding any other provision of law, applications that are pending for a Conditional Use Permit for the development of temporary workforce housing submitted to GLUC prior to February 11, 202 1, that have been delayed due to the prohibition on pu blic hearings or public congregating pursuant to executi ve order or pandemic condition of readiness (PCOR), sh all not require GLUC approval of the temporary workforc e housing Conditional Use and shall be required to me et only the requirements of Subsections (c)(4)(B)(i) through (iv) of this Section, as well as all condit ions imposed by the Department of Land Management at the preliminary application interview stage, including: (i) location of the temporary workforce housing facility in an M1 zone; (ii) written notice posted on a 4’x 8’ sign on the property for a minimum of two (2) weeks, and notice in a Guam newspaper on two (2) separate days of the proposed project including details on the physical size and the number workers who will COL9/7/202121 GCA REAL PROPERTY CH.

o (2) weeks, and notice in a Guam newspaper on two (2) separate days of the proposed project including details on the physical size and the number workers who will COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 44 be housed in the temporary workforce housing facility; and (iii) a resolution in support of the project from the municipal planning council of the village where the proposed project will be located. Upon compliance with conditions for approval and certification by the Department of Land Management, the applicant may apply directly to the Department of Public Works for a building permit and to the Department of Public Health and Social Services for a sanitary permit and a workers dormitory permit. SOURCE: GC § 17108. Subsection (c) added by P.L. 31-072:2 (May 25, 2011). Subsection (c)(4)(C) added by P.L. 36-002:2 (Mar. 2, 2021). 2017 NOTE: Subitem designations added/altered in subsection (c )(4) pursuant to the authority of 1 GCA § 1606. NOTE: As added by P.L. 31-072:2, subsection (c)(1) includ ed the definition of 'temporary workforce housing' in brac kets as follows: ['(b) Temporary workforce housing means any enclosu res of living spaces, reasonably contiguous,

, subsection (c)(1) includ ed the definition of 'temporary workforce housing' in brac kets as follows: ['(b) Temporary workforce housing means any enclosu res of living spaces, reasonably contiguous, together with the land appertaining thereto, established, operated or used as living quarters and, at a minimum, fifty-one percent (51%) of the residents are temporary workers, including, but not limited to, facilities known by varying nomenclatures or design ations as dormitories, hotels, motels, travel lodges, or tour ist homes.']. As subsection (c)(1) already refers to the definiti on as found in 10 GCA § 26A101(b), the bracketed portion is redundant and h as not been codified. § 61310. M2 Heavy Industrial Zone. (a) Use Permitted. (1) Any uses permitted in the M1 zone, excepting residential use. (2) Junk Yards. Under the special provisions set fo rth in Subarticle 6, Article 5 of this Chapter. (3) Any other uses not specifically prohibited by law, including those which are or may be objection able, obnox- ious, or offensive by reason of odor, dust, smoke, noise, gas fumes, cinders, vibration, or water-carried waste. COL9/7/202121 GCA REAL PROPERTY CH.

g those which are or may be objection able, obnox- ious, or offensive by reason of odor, dust, smoke, noise, gas fumes, cinders, vibration, or water-carried waste. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 45 (4) Uses customarily accessory to any of the uses h erein permitted, and accessory buildings and structures. (b) Conditional use. (1) all residential uses. (2) Accessory uses and structures for the above. SOURCE: GC § 17109. § 61311. H Resort-Hotel Zone. Notwithstanding any other provision of law, rule o r regulation to the contrary, there is hereby created a H Resort-Hotel Zone for the purpose of being applied to areas to accomm odate the needs and desires of visitors, tourists and tra nsient guests. (a) Purpose. (1) It applies to specific areas where public roads and public utilities are available or where suitabl e alternative private facilities are assured. It may apply to a single isolated hotel or resort with or without a commercial mall or shopping section. (2) This Zone provides for high-intensity development in a compatible arrangement of structur es and uses in a unique setting.

d hotel or resort with or without a commercial mall or shopping section. (2) This Zone provides for high-intensity development in a compatible arrangement of structur es and uses in a unique setting. It shall be designed to promote a superior level of convenience, comfort an d amenity within the zone; to encourage safe and plea sant pedestrian circulation; to preserve existing attrac tions; and to assure beneficial visual relationships from principal viewpoints. (3) Development shall be designed to establish an open character, with higher portions of buildings w ell spaced and oriented with respect to principal views from within the zone. Pedestrian circulation systems sha ll form a convenient and coordinated network through buildings and landscaped open spaces, supplementing sidewalks along streets; and where extensive areas of the shoreline are in such configuration as to allow it conveniently, walkways and/or bikeways shall be COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 46 provided along the waterfront on both public and pr ivate property. (4) Since hotels complement other activities in thi s zone without creating excessive automotive traffic, it is intended to permit

provided along the waterfront on both public and pr ivate property. (4) Since hotels complement other activities in thi s zone without creating excessive automotive traffic, it is intended to permit higher floor-area ratios for hot el uses than for other uses within the zone. (5) Since the zone is separated from major parking facilities in adjoining areas, it is intended that off-street parking requirements shall apply within its boundar ies. It is further intended in view of the unusual visua l exposure that adverse visual influences such as excessive signs, inappropriate lighting and open-st orage shall be prohibited. (b) Permitted Uses. (1) Cultural and recreational facilities, hotels, restaurants, tourism related shops and offices, dwellings, parks, marinas, zoos, amusement activiti es and supportive services. (2) Permitted Accessory uses and Structures. Uses and structures which are customarily accessory and clearly complementary to permitted principal uses a nd structures shall be permitted. Service stations sha ll be permitted only within, and as accessory to, parking garages containing two hundred fifty (250) or more parking spaces. SOURCE: GC § 17110 enacted by P.L.

hall be permitted. Service stations sha ll be permitted only within, and as accessory to, parking garages containing two hundred fifty (250) or more parking spaces. SOURCE: GC § 17110 enacted by P.L. 14-041. 2017 NOTE: Subitem designations added in subsection (a) pursu ant to the authority of 1 GCA § 1606. § 61312. S-1 (School Zone). Use permitted: (a) public schools and school related facilities. SOURCE: Added by P.L. 28-068:II:I:21 (Sept. 30, 2005). 2017 NOTE: Subsection designations deleted/altered pursuant to the authority of 1 GCA § 1606. § 61313. Public Facility (PF). COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 47 Use permitted. (a) Schools, police stations, fire stations, commun ity centers, recreation centers, senior citizen centers , public health centers, libraries, government buildings and other related facilities. SOURCE: Added by P.L. 28-134:2 (July 11, 2006). 2017 NOTE: Subsection designations deleted/altered pursuant to the authority of 1 GCA § 1606. ---------- ARTICLE 4 HEIGHT REGULATIONS § 61401. Height Limit Established. § 61402. Buildings and Structures Permitted Above H eight Limit. § 61401. Height Limit Established .

hority of 1 GCA § 1606. ---------- ARTICLE 4 HEIGHT REGULATIONS § 61401. Height Limit Established. § 61402. Buildings and Structures Permitted Above H eight Limit. § 61401. Height Limit Established . In the A, R1, LC, R2, C, M1 and M2 Zones, no build ing or structure shall be erected or maintained, nor shall any existing building or structure be altered, enlarged, moved, or maintained, to exceed a height limit of three stories (the thre e stories shall not exceed a height of thirty (30) feet), except that i n the C Zone within the New Agana lot and block system the build ing height limit shall be six (6) stories (the six stories sha ll not exceed a height of seventy-five (75) feet). SOURCE: GC § 17150. Amended by P.L. 21-14:21. § 61402. Buildings and Structures Permitted Above H eight Limit. The following buildings, structures and equipment m ay be erected and maintained above the permitted height l imit: (a) In the A Zone, any building may exceed the height limit of two stories or thirty (30) feet, if such b uilding is located at least at a distance equal to two times t he height of the building from any lot line; COL9/7/202121 GCA REAL PROPERTY CH.

ght limit of two stories or thirty (30) feet, if such b uilding is located at least at a distance equal to two times t he height of the building from any lot line; COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 48 (b) Shelters accessory to roof gardens or decks, providing such shelters are open on two or more sid es, 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, t anks, ventilating fans, or similar structures and equipme nt for the maintenance of the building; and (d) Aerials, flagpoles, skylights, steeples, towers , fire or parapet walls, or other similar structures. (e) Hotels, provided, that for every foot in elevat ion exceeding the standard limitation, two feet shall b e added to each of the required yard depths and widths; and pr ovided, further, that the height limit for any such hotel s hall be six (6) stories (the six (6) stories shall not exceed a hei ght of seventy-five (75) feet). SOURCE: GC § 17151. ---------- ARTICLE 5 YARD AND AREA REGULATIONS Subarticle 1. Yard and Area. Subarticle 2.

x (6) stories (the six (6) stories shall not exceed a hei ght of seventy-five (75) feet). SOURCE: GC § 17151. ---------- ARTICLE 5 YARD AND AREA REGULATIONS Subarticle 1. Yard and Area. Subarticle 2. Accessory Buildings. Subarticle 2A. Family Home Occupation Act Accessory Use. Subarticle 3. Nonconforming Buildings and Uses. Subarticle 4. Automobile Parking and Loading Space Regulations. Subarticle 5. Sign Regulations. Subarticle 6. Junk Yards. SUBARTICLE 1 YARD AND AREA § 61501. Minimum Yards and Lot Areas Established. § 61502. General Yard and Area Requirements. § 61503. Exceptions to Yard and Area Regulations. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 49 § 61504. Statement of Purpose: Building and Buildin g Height Restrictions in Beach Areas. § 61501. Minimum Yards and Lot Areas Established. (a) Minimum Yards and Lot Areas Established. No bu ilding or structure shall be erected or maintained, nor sh all any existing building or structure be altered, enlarged, moved o r maintained, on any lot, unless a front yard, a rear yard and tw o (2) side yards are provided and maintained on such lot.

nor sh all any existing building or structure be altered, enlarged, moved o r maintained, on any lot, unless a front yard, a rear yard and tw o (2) side yards are provided and maintained on such lot. (1) 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 . (2) Further, no lot width or lot area, nor any lot area per dwelling shall be less than that specified in '(b) Table.' (3) A commercial building to occupy the whole width of a lot must be of four-hour fire resistive construct ion. (4) If party walls are to be erected, the written c onsent of the owners of adjacent lots must be obtained as a prerequisite for the issuance of a building permit to start construction. (5) If the building to be erected is not of firepro of construction, the side yards of eight (8) feet must be provided. (6) In the rural (A) Zone, all structures shall hav e a front yard of fifteen (15) feet, a rear yard of ten (10) feet, and side yards of eight (8) feet. (A) The width of each lot shall be no less than fif ty (50) feet with an area equal to or greater than ten thousand (10,000) square

et, a rear yard of ten (10) feet, and side yards of eight (8) feet. (A) The width of each lot shall be no less than fif ty (50) feet with an area equal to or greater than ten thousand (10,000) square feet, provided that no lot shall have a length to width relationship that exceeds a three- to-one (3:1) ratio. (B) The lot area per dwelling unit in the Rural Zon e (A) shall not be less than nineteen thousand two hu ndred (19,200) square feet without sewer connection only if located on top of the Northern Aquifer. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 50 (C) The lot area per dwelling unit in the Rural Zon e (A) shall not be less than nine thousand six hundre d (9,600) square feet with sewer connection, if locat ed on top of the Northern Aquifer. (b) Table. Front Yard Depth Rear Yard Depth Side Yard Depth Lot Width Lot Area Lot Area Per* Dwelling Unit Single Family 15 ft. 10 ft. 8 ft. 50 ft. 5,000 sq. ft. 5,000 sq. ft. Multi-family 15 ft. 10 ft. 8 ft. 50 ft. 5,000 sq. f t. 1,250 sq. ft. Commercial ----- 20 ft. ----- 20 ft. 2,000 sq. ft. 400 sq. ft. Light Industrial ----- 20 ft. 8 ft. 50 ft. 5,000 sq . ft. 1,250 sq. ft. Heavy Industrial 25 ft. 25 ft 15 ft. 120 ft 40,000 sq.

0 sq. ft. Commercial ----- 20 ft. ----- 20 ft. 2,000 sq. ft. 400 sq. ft. Light Industrial ----- 20 ft. 8 ft. 50 ft. 5,000 sq . ft. 1,250 sq. ft. Heavy Industrial 25 ft. 25 ft 15 ft. 120 ft 40,000 sq. ft -------------- Unless facilities are otherwise provided for loadin g, the rear yard must be no less than twenty (20) feet in depth . * For properties not located on top of the Northern Aquifer. (c) Lots Over the Aquifer. Lot sizes and set-back o n proper- ties above the aquifer shall be established by the Guam Environ- mental Protection Agency. SOURCE: Repealed and reenacted by P.L. 21-072:20(b) (Nov. 2 7, 1991). Amended by P.L. 22-161:5(c) (Dec. 30, 1994). Amende d by P.L. 23-059:4 (Dec. 5, 1995). Amended by P.L. 24-051;2 (June 25, 1997). NOTE: Prior to this latest repeal and reenactment, 21 GCA § 61501 contained a table of Yard and Lot Areas, which were a part of § 17200 of the Govt. Code (the source of this Section) as amen ded by P.L. 15-057:7 (Aug. 24, 1979). This section, as repealed and reen acted, contains no such table. Because this table still has potential use, the Compiler has included the Table as adopted by P.L. 15-057 below.

7:7 (Aug. 24, 1979). This section, as repealed and reen acted, contains no such table. Because this table still has potential use, the Compiler has included the Table as adopted by P.L. 15-057 below. 2017 NOTE: Subitem designation added pursuant to authority g ranted by 1 GCA § 1606. § 61502. General Yard and Area Requirements. (a) No required yard or other open space provided a bout any building or structure for the purpose of complying with the provisions of this Title, shall be considered as pr oviding a yard or open space for any other building or structure. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 51 (b) No lot or parcel of land under separate ownersh ip at the time this law became effective shall be separated i n ownership or reduced in size below the minimum lot width or lot area set forth in the Yards and Lot Area table. (c) Where a lot in the R1 zone has an area of ten t housand (10,000) square feet or more, a one family dwelling may be erected and maintained on each five thousand (5,000 ) square feet thereof, if front, side and rear yards of the depth and width specified in the Yard and Lot Area table are provid ed and maintained for each such dwelling.

on each five thousand (5,000 ) square feet thereof, if front, side and rear yards of the depth and width specified in the Yard and Lot Area table are provid ed and maintained for each such dwelling. (d) In the C and M1 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 Legi slature, shall provide and maintain a front or side yard hav ing a depth or width, as the case may be, of not less than that re quired to conform to the line of such highway. (e) A hotel or motel, while considered a multi-fami ly use, requires a minimum of four hundred (400) square fee t of lot area per living unit in a commercial zone. (f) A cluster development may have a reduction of y ards and lot width upon approval by the Commission. SOURCE: GC § 17201 as amended by P.L. 10-005. § 61503. Exceptions to Yard and Area Regulations. (a) No front yard need be provided on a lot in a hi llside area where the topography of the lot is such as to make it unreasonable or impractical to locate a building on the lot and provide a front yard.

No front yard need be provided on a lot in a hi llside area where the topography 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 purp oses. (c) Cornices, eves, belt courses, sills, canopies o r other similar architectural features, may project into a required side yard not more than two inches for each one foot of width of such side yard and may project into any other required yard s pace not more than thirty (30) inches. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 52 (d) Open, unenclosed stairways or balconies, not co vered by a roof or canopy, may project into a required rear yard not more than for (4) feet, and such balconies may project i nto a required front yard not more than six (6) feet. (e) Open, unenclosed porches, platforms, places, no t covered by a roof or canopy, or landings, which do not exte nd above the level of the first floor of the building, may proje ct into any required front, side, or rear yard, not more than s ix (6)

o t covered by a roof or canopy, or landings, which do not exte nd above the level of the first floor of the building, may proje ct into any required front, side, or rear yard, not more than s ix (6) feet. (f) A fence, lattice work screen, wall, or hedge, n ot more than six (6) feet in height, may be located in any requi red front, side or rear yard. (g) In computing the lot area of a lot which abuts upon an alley one-half ( 2) the width of such alley may be assumed to be a portion of the lot. (h) Accessory buildings or structures may be locat ed and maintained in a rear yard, except in the required t en (10) foot rear yard which is that portion adjoining the rearmost m ain building on the lot. (1) Such buildings or structures may also be locate d and maintained in any side yard, except in the required eight (8) foot side yards adjoining each of the side lot line s. (2) Such buildings or structures may also be locat ed and maintained in any front, side or rear yard when suc h buildings or structures are to be used for purposes relative to connections to island electric power, including for standby generators and for alternative power connections fo r net metering purposes,

uildings or structures are to be used for purposes relative to connections to island electric power, including for standby generators and for alternative power connections fo r net metering purposes, provided that such buildings or structures shall be located at or near the point that electric power is provided by the Guam Power Authority, and if locate d in a front, side or rear yard, (A) the walls may be erected on the front and/or rear and/or side lot lines, and (B) such buildings or structures shall not exceed three hundred twelve (312) square feet of floor spa ce, and COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 53 (C) the roofs thereof shall not project beyond the lot lines and (D) shall be sloped in such a manner as to prevent rain runoff from flowing to adjacent property. (3) When such buildings or structures are to be us ed for standby generators, an exhaust or ventilation to th e outside air must be provided. Such accessory building shal l have an interior height of no less than seven (7) feet, and the overall exterior height of the structure shall be no greate r than ten (10) feet, and shall meet building code standards.

ilding shal l have an interior height of no less than seven (7) feet, and the overall exterior height of the structure shall be no greate r than ten (10) feet, and shall meet building code standards. (4) When such buildings or structures are intended as vehicle shelters, they must be fifteen (15) feet fr om the front lot line and may be zero (0) feet from the property line on one (1) side only. (5) When such buildings or structures are intended as swimming pools and related accessory structures suc h as gazebos, they must be a minimum of five (5) feet fr om the front lot line and may be zero (0) feet from the re ar or side lot line. (6) When such buildings or structures are to be us ed exclusively for storage or as outdoor cooking facil ities, they may be located in a side or rear yard with walls er ected on the rear and/or side lot lines; provided that such buildings or structures shall not exceed two hundred (200) squar e feet of floor space. For all structures in this Subsection (h), the roof s thereof shall not project beyond the rear or side lot lines and shall be sloped in such a manner as to prevent rain run off from flowing to adjacent property.

tures in this Subsection (h), the roof s thereof shall not project beyond the rear or side lot lines and shall be sloped in such a manner as to prevent rain run off from flowing to adjacent property. A storage or cooking facility may only b e constructed on residential lots which meet the yard requirement s provided by § 61501 of this Code. (i) Any accessory building or structure, which on the effective date of this Act was already in existence , shall be considered to be 'grandfathered,' provided, that th e accessory building or structure is in compliance with the pro visions of this § 61503. If such accessory building or structure is not in COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 54 compliance with the provisions of this § 61503, the structure shall be either brought into compliance or removed. SOURCE: GC § 17202. Subsection (h) amended by P.L. 15-061:1 (Sept. 12, 1979) and 17-025:III:4 (Oct. 6, 1983) and 18-03 2:10 (Apr. 24, 1986). Subsection (h) amended by P.L. 30-103:1 (Mar. 12, 2 010). Subsection (i) added by P.L. 30-103:2 (Mar. 12, 2010). 2015 NOTE: Subsection designations were added to subsection (h ) in accordance with the authority granted by 1 GCA § 16 06.

:1 (Mar. 12, 2 010). Subsection (i) added by P.L. 30-103:2 (Mar. 12, 2010). 2015 NOTE: Subsection designations were added to subsection (h ) in accordance with the authority granted by 1 GCA § 16 06. § 61504. Statement of Purpose: Building and Buildin g Height Restrictions in Beach Areas. (a) The Legislature finds that the indiscriminate b uilding of structures on the beaches of the Territory of Guam creates a menace to the well-being of the people of the terri tory by increasing the pollution of tidal waters, that such construction, in addition, deprives the people of Guam of their righ t to the untrammeled use of beach areas beyond the high wate r mark, and finally, that such construction destroys the natura l beauty of Guam’s beaches, one of the territory’s greatest nat ural resources. Accordingly, it is the purpose of the restrictions hereinafter contained to protect the beaches of Guam for future generations, to alleviate the health problems caused by construc tion near tidal areas, and to make certain that the people of Guam remain free to use the beaches of the territory to the maximum ext ent not incompatible with private ownership of the lands ad joining said beaches.

areas, and to make certain that the people of Guam remain free to use the beaches of the territory to the maximum ext ent not incompatible with private ownership of the lands ad joining said beaches. (b) Along any beach in the territory of Guam, no bu ilding may be constructed within thirty-five feet (35') of the mean high watermark bounding said beach, nor may any building higher than twenty feet (20') be constructed within seventy-fiv e feet (75') of the said mean high water mark. For the purpose of t his 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 villa ge lots contain- ing 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 term build ing included any structure except a retaining wall that cannot b e seen. SOURCE: GC § 17203. Subsection (b) amended by P.L. 12-019. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 55 ---------- SUBARTICLE 2 ACCESSORY BUILDINGS § 61511. Location of Accessory Buildings. § 61511.

GC § 17203. Subsection (b) amended by P.L. 12-019. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 55 ---------- SUBARTICLE 2 ACCESSORY BUILDINGS § 61511. Location of Accessory Buildings. § 61511. Location of Accessory Buildings. In the A, R1, and R2 zones, no accessory building s hall be erected or maintained and no existing building shal l 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 th e rear one-half (½) 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 bu ilding on the lot) shall not be less than ten (10) feet from said main building and not less than five (5) feet from any l ot 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 build ing) shall be not less than five (5) feet from such main build ing and not less than eight (8) feet from the side lot line; an d (d) No accessory building shall be located in a fro nt

of a main build ing) shall be not less than five (5) feet from such main build ing and not less than eight (8) feet from the side lot line; an d (d) No accessory building shall be located in a fro nt yard or on the front one-half (½) of a lot, except on hi llside lots where the topography makes it impractical to confor m to the other regulations of this article. SOURCE: GC § 17250. ---------- SUBARTICLE 2A FAMILY HOME OCCUPATION ACT ACCESSORY USE SOURCE: P.L. 28-068:IV:76:b (Sept. 30, 2005) added Subarticle 2A of Article 5. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 56 § 61515. Title. § 61516. Purpose. § 61517. Family Home Occupation Requirements. § 61517.1. Exceptions Where not Allowed. § 61517.2. Community Property Regime Restrictions. § 61517.3. Community Regime May Establish Standards . § 61518. Saving Clause. § 61515. Title. This subdivision of the 'The Zoning Law of the Terr itory of Guam' shall be known and may be cited as the 'Famil y Home Occupation Act.' § 61516. Purpose. The purpose of this subdivision of 'The Zoning Law of the Territory of Guam' is to permit family home occupat ions in residential dwelling units as an accessory use with out a use variance

. Purpose. The purpose of this subdivision of 'The Zoning Law of the Territory of Guam' is to permit family home occupat ions in residential dwelling units as an accessory use with out a use variance through the establishment of certain minim um regulations for the protection of the community. § 61517. Family Home Occupation Requirements. Notwithstanding any zoning law to the contrary, a f amily home occupation shall be an accessory use to a resi dential dwelling or unit within any zone, and shall not req uire a use variance provided that: (a) the activity does not create a consternation wi th the residential use of the property and surrounding res idential uses; (b) the activity employs no employees other than fa mily members residing in the dwelling or unit; (c) there is no outside appearance of a family home occupation including, but not limited to, parking, signs or lights; COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 57 (d) the volume of deliveries and other vehicular tr affic is not in excess of what is normally associated wit h residential use in the neighborhood; (e) the activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or

tr affic is not in excess of what is normally associated wit h residential use in the neighborhood; (e) the activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that would create a consternation to adj acent neighbors; (f) the activity does not generate solid waste or s ewage discharge, in volume or type, which is not normally associated with a residential use in the neighborho od; and (g) the activity does not involve any illegal activ ity. § 61517.1. Exceptions Where not Allowed . (a) In the case of a dwelling that is a part of a horizontal and community property regime or a common interest owne rship community in which at least some of the property is owned in common by all of the residents; or, in the case of a dwelling unit that is part of a planned unit development or subdi vision to which a covenant or condition is attached upon the purcha se of the property, this section shall not supersede any deed restriction, covenant, agreement, master deed, master lease, dec laration, by- laws or other documents which prohibit a family hom e

rcha se of the property, this section shall not supersede any deed restriction, covenant, agreement, master deed, master lease, dec laration, by- laws or other documents which prohibit a family hom e occupation within a dwelling unit. (b) A community created through a property regime shall not be required to amend or modify an existing rule or regulation pertaining to family home occupations so long as no conflicts occur with the provisions of this Article. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 61517.2. Community Property Regime Restrictions. (a) A Community Property Regime (herein after refe rred to as 'Regime') may establish limitations for, or proh ibit entirely, any family home occupation which it deems incompati ble with the character of the residential community in which it is located. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 58 (b) After the effective date of this Article, any Regime may ban any or all family home occupations by the lawfu l adoption of rules.

is located. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 58 (b) After the effective date of this Article, any Regime may ban any or all family home occupations by the lawfu l adoption of rules. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 61517.3. Community Regime May Establish Standards . In accordance with the purpose of this Article, a Regime may establish, through rule, regulation, by-law, covena nt, agreement, condition or other documents: (a) standards for delivery or truck traffic; (b) standards concerning the acceptable volume of invitees or guests to a family home occupation; (c) Any standards established pursuant to this Sec tion shall apply to all residences within the Regime. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 61518. Saving Clause. This Article shall not limit the power of the gover nment to protect the health, safety and welfare of its resid ents, including the investigation and elimination of nuisances.

61518. Saving Clause. This Article shall not limit the power of the gover nment to protect the health, safety and welfare of its resid ents, including the investigation and elimination of nuisances. ---------- SUBARTICLE 3 NONCONFORMING BUILDINGS AND USES § 61521. Nonconforming Buildings. § 61522. Application of § 61521(c). § 61523. Nonconforming Use of Buildings. § 61524. Nonconforming Use of Land. § 61525. Nonconforming by Reclassification or Chang e. § 61526. Exception for Nonconforming Buildings and the Nonconforming Use of Land. § 61521. Nonconforming Buildings. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 59 (a) A nonconforming building may be maintained and repaired, except as otherwise provided in this sect ion. (b) A building nonconforming as to use regulations shall not be added to or enlarged in any manner, unless said building, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is loca ted. (c) A building nonconforming as to height or yard r egulations may be added to or enlarged if such addition or enl argement conforms to all the regulations of the zone in whic h it is located; provided, that a

ding nonconforming as to height or yard r egulations may be added to or enlarged if such addition or enl argement conforms to all the regulations of the zone in whic h it is located; provided, that a residential building nonconforming as to height regulations may be added to or enlarged notwithstan ding 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 notwithstanding the fact that such a ddition or enlargement violates height regulations. (d) A nonconforming building which is damaged or pa rtially destroyed by fire, flood, wind, earthquake, or othe r 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 perc ent (50%) of the value of the building at the time of such damage or destruction. Where the damage or destruction exceeds said value, the building shall not be repaired or reconstructed unless the e ntire building is made to conform to all regulations for a new buildi ng in the zone in which it is located.

ction exceeds said value, the building shall not be repaired or reconstructed unless the e ntire building is made to conform to all regulations for a new buildi ng in the zone in which it is located. (e) A building nonconforming as to restrictions set forth in § 61504 of this Chapter may be maintained and repaire d but may not be enlarged, and in the case of its damage or p artial destruction by fire, flood, wind, earth quake, or other calamit y, to the extent of not more than fifty percent (50%) of its replace ment cost at the time of such damage or destruction, then it may be restored if the total cost of such restoration does not exceed fift y percent (50%) of the replacement cost of the building at the time of such damage or destruction. Where the damage or destruction exc eeds said cost, the building shall not be repaired or reconstructed . SOURCE: GC § 17300. Subsection (c) amended by P.L. 12-160:7 . COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 60 § 61522. Application of § 61521(c). The provisions of § 61521(c) shall be applied to al terations, additions, or improvements constructed prior to the effective date of this law. SOURCE: P.L. 12-160:7 (Aug.

. Application of § 61521(c). The provisions of § 61521(c) shall be applied to al terations, additions, or improvements constructed prior to the effective date of this law. SOURCE: P.L. 12-160:7 (Aug. 27, 1974); codified by the Comp iler. § 61523. Nonconforming Use of Buildings. (a) The nonconforming use of a building, existing a t the time this law became effective, may be continued. (b) The use of nonconforming building may be change d to any other use which is permitted in the same zone a s the use for which the building or structure is designed or inte nded. The use of a non-conforming building may also be changed to an y use permitted in a more restricted zone classification. Where the use of a nonconforming building is hereafter changed to a use of a more restricted zone classification, it shall not t hereafter be changed to a use of a less restricted zone classifi cation. SOURCE: GC § 17301. Included in original Government Code o f Guam enacted by P.L. 1-88, 1952.. § 61524. Nonconforming Use of Land. The nonconforming use of land, existing at the time this law became effective, may be continued except that such use shall not be extended either on the same or on to adjoining

onforming Use of Land. The nonconforming use of land, existing at the time this law became effective, may be continued except that such use shall not be extended either on the same or on to adjoining p roperty. Where a nonconforming use of land is discontinued or chan ged, any future use of such land shall be in conformity with the provisions of this Chapter. SOURCE: GC § 17302. § 61525. Nonconforming By Reclassification or Chang e. The foregoing provisions of this Chapter shall also apply to buildings, land and uses which hereafter become non conforming due to any classification or reclassification of zo ne or to any change in the provisions of this Chapter. SOURCE: GC § 17303. § 61526. Exception for Nonconforming Buildings and the Nonconforming Use of Land. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 61 (a) Any building or structure constructed on a Sin gle Family (R-1) Zone during the period of November 1991 throu gh June 1997 and not meeting the Yard and Lot Area Table se t forth in § 61501 of this Chapter shall be deemed as a legal no nconforming building and continue as a legal nonconforming use of the land under its designated zone.

g the Yard and Lot Area Table se t forth in § 61501 of this Chapter shall be deemed as a legal no nconforming building and continue as a legal nonconforming use of the land under its designated zone. (b) The property owners or authorized representativ e shall bear the burden of proof that the building or struc ture was constructed sometime during the period of November 1991 through June 1997. The Guam Chief Planner shall ve rify and ascertain the eligibility of the building or struct ure as a legal nonconforming building and submit his findings to t he Director for action. The Director, within five (5) working days, shall record a Notice of Action document of his determina tion. (c) The interpretation and application of § 61526( a) shall be held to be the minimum requirement subject to all o ther provisions within this Chapter prior to the enactment of Publi c Law 24-51. SOURCE: Added by P.L. 27-091:3 (May 5, 2004). ---------- SUBARTICLE 4 AUTOMOBILE PARKING AND LOADING SPACE REGULATIONS § 61531. Automobile Parking Space. § 61531.1. Option for Compact Automobiles. § 61532. General Requirements. § 61533. Loading Space. § 61531. Automobile Parking Space.

G AND LOADING SPACE REGULATIONS § 61531. Automobile Parking Space. § 61531.1. Option for Compact Automobiles. § 61532. General Requirements. § 61533. Loading Space. § 61531. Automobile Parking Space. Off-street automobile parking space shall be provid ed as follows: (a) For dwellings, at least one (1) automobile park ing space for each dwelling unit; (b) For hotels, at least one (1) automobile parking space for each four (4) guest rooms; (c) For places of assembly, such as churches, COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 62 auditoriums or theaters with seating facilities, on e (1) parking space for each four (4) seats; (d) For places of assembly, such as restaurants or night clubs without fixed seating facilities, one (1) par king space for each one hundred (100) square feet of customer area in such use; (e) For retail sales of building materials, and goo ds requiring extensive display areas, industrial build ings and warehouses, one (1) parking space for each eight hu ndred (800) square feet of area in such use, exclusive of loading requirements; (f) For retail and wholesale sales and services, ex clusive of warehouse activity, at least one (1) space for e ach one

ndred (800) square feet of area in such use, exclusive of loading requirements; (f) For retail and wholesale sales and services, ex clusive of warehouse activity, at least one (1) space for e ach one hundred (100) square feet or portion thereof of usa ble commercial floor area; (g) For professional and business offices, and publ ic administration offices, one (1) parking space for e ach four hundred (400) square feet or portion thereof of flo or area; (h) For offices and clinics of healing arts, at lea st five (5) spaces for each practitioner; (i) For hospitals and nursing homes, at least one (1) space for each two (2) beds; (j) Three (3) spaces for every four (4) employees; (k) To the extent practicable, each of the Subsect ions (a) through (j) shall provide at least one (1) mark ed parking space for use by bicycles equipped with a motor and motorcycles; (l) Total parking requirements will be a total of a ll applicable elements in Subsections (a) through (k); (m) Appropriate parking space for open space activi ties, such as: swimming beaches, picnic areas, campground s, boating areas, shall be determined by the Guam Land Use Commission; (n) A minimum of one (1) bicycle parking

g space for open space activi ties, such as: swimming beaches, picnic areas, campground s, boating areas, shall be determined by the Guam Land Use Commission; (n) A minimum of one (1) bicycle parking space shal l COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 63 be provided for each twenty (20) off-street automob ile parking space. At a minimum, all bicycle parking s paces shall be provided in the form of bicycle racks with locking capability. Bicycle parking facilities shall be de signed and installed to include: (1) spaces that are a minimum of two (2) feet by six (6) feet per bicycle; (2) the minimum number possible of potential conflict points between bicycle and motor vehicles; (3) provision for the locking of bicycles to the rack or bicycle locker; (4) adequate spacing for access to the bicycle and locking device when the spaces are occupied; and (5) where possible, bicycle parking shall be located within view of building entrances/windows and/or security. SOURCE: GC § 17350 as amended by P.L. 11-160, P.L. 12-142; P.L. 12- 163. Subsection (g) amended by P.L. 12-177. Amended by P.L. 30-186:2 (Aug. 28, 2010). COMMENT: Although subsection (f) was amended by P.L.

GC § 17350 as amended by P.L. 11-160, P.L. 12-142; P.L. 12- 163. Subsection (g) amended by P.L. 12-177. Amended by P.L. 30-186:2 (Aug. 28, 2010). COMMENT: Although subsection (f) was amended by P.L. 12-163, the amendment was erroneously omitted from the 1974 Gov ernment Code Supplement, and prior publications of this section. Subsection (a) also was amended by P.L. 12-163 but the amendment was not re ported in either the Government Code Supplement or earlier editions of t his Code. 61531.1 Option for Compact Automobiles. The off-street automobile parking space required un der §§ 61531 and 61532 of this Chapter shall be laid out a t the ratio of seventy-five percent (75%) for compact automobiles to twenty- five percent (25%) for standard-sized automobiles o r at any greater percentage of compact automobiles. SOURCE: Added by P.L. 21-049:3. Amended by P.L. 22-123:3. § 61532. General Requirements. (a) Automobile parking space required by this Chapt er 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 COL9/7/202121 GCA REAL PROPERTY CH.

required by this Chapt er 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 COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 64 capacity by adding dwelling units, guest rooms or f loor area, and such parking space shall thereafter be maintained. (b) In the case of a dwelling, the automobile parki ng space shall be on the same lot and may be provided either in a private garage or in a private automobile parking area. (c) In the case of multi-residential buildings, chu rches, theaters, clinics, commercial or industrial buildin gs, the automobile parking space shall be on the same lot o r may be provided in a parking garage available to the publi c or a private parking area adjacent thereto. (d) Every automobile parking space shall be of the following sizes: (1) Standard-sized automobile parking spaces shall be at least nineteen feet (19’) in length and eight and o ne-half feet (8 ½’) in width, with parallel spaces at least twen ty-two feet (22’) in length. (2) Compact spaces shall be at least sixteen feet ( 16’) in length and seven and one-half feet (7 ½’) in width, with parallel spaces at least

arallel spaces at least twen ty-two feet (22’) in length. (2) Compact spaces shall be at least sixteen feet ( 16’) in length and seven and one-half feet (7 ½’) in width, with parallel spaces at least nineteen feet (19’) in len gth. (3) Minimum aisle widths for parking bays shall be provided in accordance with the following: Parking angles: Aisle widths in feet: 0° - 44 °, 12, 45 ° - 59 °, 13.5, 60 ° - 69 °, 18.5, 70 ° - 79 °, 19.5, 80 ° - 89 °, 21, 90 °, 22. SOURCE: GC § 17351 as amended by P.L. 12-142; subsection (d ) of § 61532 is amended by P.L. 21-049:2. Subsection (d) a mended by P.L. 22- 123:4. § 61533. Loading Space. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 65 Off-street loading spaces for every commercial or i ndustrial building shall be provided, located and scaled to m eet the anticipated needs of all establishments and activit ies likely to require such space. In general, off-street loading space shall be located in service areas at the rear or sides of es tablishments in such a way that there will be minimum interference with off-street parking or vehicular movement in off-street parking areas. SOURCE: GC § 17352; repealed and reenacted by P.L. 12-142.

ablishments in such a way that there will be minimum interference with off-street parking or vehicular movement in off-street parking areas. SOURCE: GC § 17352; repealed and reenacted by P.L. 12-142. ---------- SUBARTICLE 5 SIGN REGULATIONS § 61541. Restriction of Use. § 61542. Regulation of Political Signs.[Repealed.] § 61543. Erection of Signs. § 61544. Signs in Other Than English or Chamorro La nguage. § 61545. Penalty. § 61546. Signs on School Bus Stop Shelters. § 61541. Restriction of Use. No structure of any kind or character erected or ma intained for outdoor advertising or identification purposes, upon which any poster, bill, printing, painting, or other advertis ement of any kind whatsoever is placed, including statuary for advert ising or identification purposes, and no card, cloth, paper, metal, painted or wooden sign of any character placed for outdoor advertising or identification purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either p rivately or publicly owned, shall be placed or maintained on pr operty adjacent to any highway, road , street, boulevard, lane, court, place, summons, trail, way, or other right of way

hing, either p rivately or publicly owned, shall be placed or maintained on pr operty adjacent to any highway, road , street, boulevard, lane, court, place, summons, trail, way, or other right of way o r easement used for or laid out and intended for the public passage of vehicles or of vehicles and persons except as provided below: (a) In Residential and Agricultural zones no exteri or name plate or sign shall be erected, displayed, or maintained, except the following: COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 66 (1) One non-moving, non-flashing sign for each family residing on the premises indicating the name of the resident or pertaining to a permitted occupatio n provided that each such sign does not exceed three (3) square feet in area. (2) One non-moving, non-flashing sign, not exceeding twelve (12) square feet in area, pertaini ng to permitted buildings, structures, and uses of the pr emises other than dwellings and occupations permitted ther ein. (3) Temporary unlighted signs aggregating not over twenty-four (24) square feet in area pertainin g to the sale or lease of the premises.

ises other than dwellings and occupations permitted ther ein. (3) Temporary unlighted signs aggregating not over twenty-four (24) square feet in area pertainin g to the sale or lease of the premises. (4) Unlighted directional signs not exceeding three (3) square feet in area pertaining to churches, sch ools, institutions and other public or nonprofit uses. (5) Political signs that advocate voting for or against candidates, or other matters to be consider ed by the electorate; provided, that such signs shall only be posted on private property. (A) If such private property is adjacent to any roadway, political signs shall be at least eight (8) feet from the paved portion of the roadway, and posted in such a manner that would not impede traffic or a driver’s visibility. (B) Political sign means (i) all free-standing billboards, posters, banners, or (ii) displays that advocate a candidate for political office or (iii) any matter to be presented to the electorate for vote, and (iv) all items put on property to erect or secure the billboard, poster, banner, or display in place, including rebars and wires. COL9/7/202121 GCA REAL PROPERTY CH.

d to the electorate for vote, and (iv) all items put on property to erect or secure the billboard, poster, banner, or display in place, including rebars and wires. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 67 (b) In Commercial zones, no exterior signs shall be erected displayed or maintained except the followin g: (1) Signs indicating the name of a person or the type of business 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 li ne 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, doubled faced signs indicating the name of a person or the type of business occupy ing the premises or the name of the building, provided that: (A) such signs shall not exceed forty (40) square feet in area on each face nor twelve (12) fe et in height; (B) such structure shall not be placed closer that ten (10)

f the building, provided that: (A) such signs shall not exceed forty (40) square feet in area on each face nor twelve (12) fe et in height; (B) such structure shall not be placed closer that ten (10) feet to any street or high way right- of- way; and (C) one such sign shall be permitted for each premises or building. (3) Political signs that advocate voting for or against candidates, or other matters to be consider ed by the electorate; provided, that such signs shall only be posted on private property. (A) If such private property is adjacent to any roadway, political signs shall be at least eight (8) feet from the paved portion of the roadway, and posted in such a manner that would not impede traffic or a driver’s visibility. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 68 (B) Political sign means (i) all free-standing billboards, posters, banners, or (ii) displays that advocate a candidate for political office or (iii) any matter to be presented to the electorate for vote, and (iv) all items put on property to erect or secure the billboard, poster, banner, or display in place, including rebars and wires.

e or (iii) any matter to be presented to the electorate for vote, and (iv) all items put on property to erect or secure the billboard, poster, banner, or display in place, including rebars and wires. (c) In Industrial 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 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 li ne 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 g oods 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.

es, or advertising g oods 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 high way right of way. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 69 (C) Such signs shall be non-moving and non- flashing. (D) One (1) such sign shall be allowed for each industrial structure, or complex or structures housing a single industrial user. (3) Political signs that advocate voting for or against candidates, or other matters to be consider ed by the electorate; provided, that such signs shall only be posted on private property. (A) If such private property is adjacent to any roadway, political signs shall be at least eight (8) feet from the paved portion of the roadway, and posted in such a manner that would not impede traffic or a driver’s visibility. (B) Political sign means (i) all free-standing billboards, posters, banners, or displays that advocate a candidate for political office or (ii) any matter to be presented to the electorate for vote, and (iii) all items put on property to

standing billboards, posters, banners, or displays that advocate a candidate for political office or (ii) any matter to be presented to the electorate for vote, and (iii) all items put on property to erect or secure the billboard, poster, banner, or display in place, including rebars and wires. (d) The provisions of this section shall not apply to any sign placed by or for purposes of any charitable, r eligious and civic organization, individual or entity, if the sa me remains posted or erected for a period of not more than six ty (60) days. (e) The provisions of this Section shall not apply to any political sign used in connection with roadside wav ing on property by person(s) who actively attend said road side waving. (f) In the Tumon Bay H Resort-Hotel Zone, signs shall comply with §§ 61541(b)(2)-(3), 61543, and 61544 of this Subarticle. No exterior signs shall be erected, dis played or COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 70 maintained, except for signs indicating the name of a person, the type of business occupying the premises, or the name of the building, or signs displaying messages appurten ant to the use of, products sold on, or the sale or lease of, the

the name of a person, the type of business occupying the premises, or the name of the building, or signs displaying messages appurten ant to the use of, products sold on, or the sale or lease of, the property on which it is displayed, and for public service announcements; provided, that: (1) Signs shall be placed along on the building wall or behind a window or clear covering on the building wall, shall not be higher than the roof line of the building, and shall protrude no farther than eighteen (18) inches from the wall to which they are attache d. (2) Except for electronic or other signs authorized by a Guam Land Use Commission variance prior to the enactment of this Act, individual signs shall not cover an area in excess of ten percent (10%) of the surfa ce of the wall to which they are attached. (3) Violations. Any person in violation of Subsections 61541(f)-(f)(2) of Chapter 61, Title 21 , Guam Code Annotated, shall pay a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation. If violation(s) are not corrected within ten (10) business days of receipt of a Notice of Violation f rom the Department of Public Works, such person shall be subject to an

1,000) for each violation. If violation(s) are not corrected within ten (10) business days of receipt of a Notice of Violation f rom the Department of Public Works, such person shall be subject to an additional late action civil penalty not to exceed Three Hundred Dollars ($300) per day for eac h remaining violation. Failure to pay penalties and t o rectify the violations may result in the terminatio n or non-renewal of the digital sign permit. The Directo r of Public Works shall have the authority to waive parts or all of the late action penalty should the violator demonstrate a good faith effort to address the viol ation in a timely manner; provided, that such waiver is l imited to no more than thirty (30) calendar days. All penalties recovered in any such action shall be paid into the General Fund. SOURCE: GC § 17400. Subsection b(1)(c) amended by P.L. 16-0 77; subsection (b)(2) repealed and reenacted by P.L. 15 -140:13. Subsection (a)(5) added by P.L. 32-199:2 (Oct. 13, 2014). Subs ection (b)(3) added by COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 71 P.L. 32-199:3 (Oct. 13, 2014). Subsection (c)(3) a dded by P.L. 32-199:4 (Oct. 13, 2014).

L. 32-199:2 (Oct. 13, 2014). Subs ection (b)(3) added by COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 71 P.L. 32-199:3 (Oct. 13, 2014). Subsection (c)(3) a dded by P.L. 32-199:4 (Oct. 13, 2014). Subsection (a)(5) amended by P.L. 34-067:1 (Nov. 11, 2017); subsection (b)(3) amended by P.L. 34-067:2; subsection (c)(3) amended by P.L. 34-067:3; subsection (e) added by P .L. 34-067:5. Subsection (f) added by P.L. 35-052:2 (Nov. 27, 201 9). 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered in subsections (b) and (c) to adhere to the Compiler’s alpha-numeric scheme. § 61542. Regulation of Political Signs. [Repealed.] SOURCE: GC § 17400.1 added by P.L. 18-040:36. Repealed and reenacted by P.L. 24-055:2. Amended by P.L. 31-148 :2 (Nov. 21, 2011). P.L. 32-209:1 (Dec. 29, 2014) amended subsections ( e) and (h), and added subsection (i). Repealed by P.L. 34-067:4 (Nov. 11, 2017). 2017 NOTE: Subitem designations added pursuant to the authorit y of 1 GCA § 1606. Prior to its repeal by P.L. 34-067, this provision stated: Candidates for public office or other persons havin g an interest in an election may place political signs w hich advocate

of 1 GCA § 1606. Prior to its repeal by P.L. 34-067, this provision stated: Candidates for public office or other persons havin g an interest in an election may place political signs w hich advocate voting for or against candidates, or other matters to be considered by the electorate, on government propert y in accordance with the following provisions: (a) Definitions. (1) Candidate means a person seeking public office. (2) Government property means any tangible or real property held by the government of Guam. (3) Organization means any political organization or political action group advocating an issue in a special or general election. (4) Political sign means all billboards, posters, banners or displays which advocate a candidate for political office or any matter to be presented to t he electorate for vote, and all items put on public pr operty to erect or secure the billboard, poster, banner, o r display in place, including rebars and wires. (5) Utility pole means any pole erected for street lighting, power lines, and cable television lines. (b) Notice. Notice shall be posted on the campaign sign that the advertisement has been approved or authori zed by the COL9/7/202121

cted for street lighting, power lines, and cable television lines. (b) Notice. Notice shall be posted on the campaign sign that the advertisement has been approved or authori zed by the COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 72 candidate or, if the advertisement has not been authorized by the candidate, the name and mailing address of the individual(s) or organization that paid for the adv ertisement. (c) Permit: Fee; Deposit. Any candidate or organiz ation may apply for a permit to post campaign signs with the Department of Public Works. The Director of Public Works is authorized to charge a non-refundable permit fee of One Hundred Dollars ($100.00) and a deposit of Two Hund red Dollars ($200.00), or as increased from time to tim e by rules and regulations promulgated by the Director of Publ ic Works in accordance with the Administrative Adjudication Law. Such rules and regulations shall provide for procedures governing approval or rejection of permits, manner and location of posting, maintenance of sign and surrou nding area, procedures for notification, removal of signs, forf eiture of deposit of any sign found in violation of this Sect ion, and any other rules or

on of posting, maintenance of sign and surrou nding area, procedures for notification, removal of signs, forf eiture of deposit of any sign found in violation of this Sect ion, and any other rules or regulations necessary to ensure the safety of the public. (d) Restrictions on Posting of Political Signs. (1) No political sign may be erected or posted upon the shoulder of any roadway unless it is eight (8) feet from the paved portion of the roadway, and in such a manner that would not impede traffic or a driver’ s visibility; or erected upon any traffic median stri p, sidewalk, road, or driveway. (2) No political sign may be erected upon, on or within any government building, or nailed to any tr ee or attached to any fence on government property. (3) No political sign may be erected or posted within one hundred (100) feet of any entrance to a public school, or upon any public school property, includi ng school fences and gates. (4) No political sign or sticker may be posted upo n any utility pole or guard rail. (5) No political signs may be posted upon any public parks within the jurisdiction of the Departm ent of Parks and Recreation, the Department of Public Work s, or the

any utility pole or guard rail. (5) No political signs may be posted upon any public parks within the jurisdiction of the Departm ent of Parks and Recreation, the Department of Public Work s, or the village Mayors. (6) No political sign may be erected or posted within one hundred (100) feet of any intersection. (e) Period for Posting of Political Signs. Politic al signs shall not be erected any earlier than sixty (60) days before any special or primary election. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 73 (f) Size Restriction. No political sign may exceed thirty- two (32) square feet in gross billboard, poster, ba nner or display surface area. Any sign which exceeds thirty -two (32) square feet shall be removed immediately by the Department of Public Works, and all sign materials and any dep osit made shall be automatically forfeited to the government of Gu am. (g) Maintenance of Political Signs. It shall be the responsibility of every candidate or organization t o maintain their sign in a manner which does not impede the safety of the public, and which complies with applicable rules an d regulations as adopted by the Department of Public Works.

rganization t o maintain their sign in a manner which does not impede the safety of the public, and which complies with applicable rules an d regulations as adopted by the Department of Public Works. Failure of a candidate or any organization to maint ain campaign signs shall be grounds for forfeiture of any deposit and all sign materials. (h) Removal of Signs. (1) Any sign in violation of any of the provisions of Subsections (b), (d), (e), (f) or (g) of this Se ction, or any of the sign regulations outlined in §§ 61541 - 61546 of this Subarticle 5, shall be removed within forty-eight (48) hours by the candidate or organization after notification by the Department of Public Works, or the Mayor of the village in which the sign is located. A sign not removed within forty-eight (48) hours of notifi cation may be removed immediately by the Department of Public Works or the village Mayor. The candidate or organization shall be responsible for paying a fine of Twenty-Five Dollars ($25.00) per day per sign for e ach day a sign, in violation of this Section, is not re moved after forty-eight (48) hours.

organization shall be responsible for paying a fine of Twenty-Five Dollars ($25.00) per day per sign for e ach day a sign, in violation of this Section, is not re moved after forty-eight (48) hours. Failure to remove an y political sign and all items used in the erection a nd securing of the political sign, including rebars an d wires, in violation of this Section shall be grounds for forfeiture of any deposit. (2) Every political sign shall be removed no later than fifteen (15) calendar days after the conclusion of any general or special election. Failure to remove any political sign within fifteen (15) days after the conclusion of any general, special, or primary elec tion, as applicable, shall be grounds for forfeiture of any deposit, plus a fine of Twenty-Five Dollars ($25.00 ) per day per sign for each day a sign, in violation of t his Section, is not removed after the said fifteen (15) days, supra. (i) All fees, deposits, and fines collected pursuan t to the provisions of this Section shall be deposited into the Public Rights-Of-Way Account of the Territorial Highway Fu nd for COL9/7/202121 GCA REAL PROPERTY CH.

sits, and fines collected pursuan t to the provisions of this Section shall be deposited into the Public Rights-Of-Way Account of the Territorial Highway Fu nd for COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 74 the purpose of maintaining safe and clean public ro adways. Sufficient funds shall be reserved for the refund of deposits, pursuant to this Section. § 61543. Erection of Signs. (a) All permitted signs shall be erected in such a manner as not to create a hazard to public safety or property , and shall be resistant to winds, typhoon, earthquake or other na tural phenomenon. Engineering design shall be based on ap plicable sections of the Building Law of Guam (Chapter 66 of 21 GCA). (b) The Building Official shall set specific engine ering design standards. Application, accompanied by detai led drawings and specifications shall be submitted to the Buildi ng Official, who will review said plans and grant permit for the ere ction of said sign, free-standing or attached. The Building Offic ial shall refer said plans to the zoning inspector to assure confor mity to the provisions of this Chapter.

grant permit for the ere ction of said sign, free-standing or attached. The Building Offic ial shall refer said plans to the zoning inspector to assure confor mity to the provisions of this Chapter. (c) Electronic and other signage that have been gra nted variances by the Guam Land Use Commission or have b een issued a Notice of Action by the Guam Land Use Commission on or before May 15, 2017, shall be legally authorized to operate; provided, that all business license requirements ar e met and are thereafter maintained in good standing; and the Gua m Land Use Commission shall conduct periodic reviews of the variances authorized by this Subsection to enforce the condit ions of said variances and may require similar or additional con ditions. SOURCE: GC § 17401. Subsection (c) added by P.L. 34-030:2 ( July 13, 2017), amended by P.L. 35-018:2 (May 9, 2019). 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 61544. Signs in Other Than English or Chamorro La nguage. Any permitted sign erected, displayed or maintained pursuant to § 61541(b)(1) and (2) of this Chapter w hich contains a message in a language other than English or Chamo rro in Roman

morro La nguage. Any permitted sign erected, displayed or maintained pursuant to § 61541(b)(1) and (2) of this Chapter w hich contains a message in a language other than English or Chamo rro in Roman alphabet characters shall contain a meaningful tran slation in the English or Chamorro language which shall be printed on the sign using Roman alphabet characters. The Chamorro Langu age Commission shall assist in translating and approve all Chamorro COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 75 translations required by this Section for existing and new signs. The English or Chamorro translation must predominat e the sign. SOURCE: GC § 17402 enacted by P.L. 15-100:2 (Feb. 1, 1980), amended by P.L. 15-147:10 (Dec. 31, 1980). 2015 NOTE: Prior publications of the GCA included an annotati on to Gov’t of Guam v. Wang & Tung Hua Trading Co., Ltd. , 2 Guam R. 102 (1980), where the Superior Court of Guam found GC § 17402, the source of this provision, 'to be an unconstitutional infri ngement upon a citizen’s First Amendment right to freedom of speech.' This decision addressed § 17402 as enacted by P.L. 15-100:2 (Feb. 1, 1980).

e of this provision, 'to be an unconstitutional infri ngement upon a citizen’s First Amendment right to freedom of speech.' This decision addressed § 17402 as enacted by P.L. 15-100:2 (Feb. 1, 1980). Four months after this decision, § 17402 was amended by P.L. 15-147:10 (De c. 31, 1980). § 61545. Penalty. (a) Any person or business who violates any provisi on of § 61541 or § 61544 of this Chapter shall pay a civil penalty not to exceed One Thousand Dollars ($1,000) for each viola tion occurring in Residential and Agricultural zones; an d a civil penalty of One Thousand Dollars ($1,000) for each v iolation occurring in Commercial and Industrial zones. (1) If a violation is not rectified within ten (10) business days of receipt of a Notice of Violation from the D epartment of Public Works, any person or business in violatio n of §§ 61541 or 61544 of this Chapter shall be subject to a late action civil penalty not to exceed Three Hundred Do llars ($300) per day for each remaining violation. (2) Failure to pay penalties and to rectify the vio lations may result in the termination or non-renewal of the sign permit.

exceed Three Hundred Do llars ($300) per day for each remaining violation. (2) Failure to pay penalties and to rectify the vio lations may result in the termination or non-renewal of the sign permit. Multiple successive violations may be repor ted by the Department of Public Works to the Department of Rev enue and Taxation to rescind or suspend the Department o f Public Work’s clearance for the sign-owner’s business lice nse. (3) The Director of Public Works shall have the authority to waive parts or all of the late action penalty should the violator demonstrate a good faith effort to add ress the violation in a timely manner; provided, that such w aiver is limited to no more than thirty (30) calendar days. (4) Actions to recover the penalty provided for in this Section shall be brought by the Attorney General of Guam COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 76 and may be at the request of any person in Guam. Al l penalties recovered in any such action shall be paid into the Public Signage Enforcement Fund. (b) There is created the 'Public Signage Enforcemen t Fund' (Fund). The Fund shall not be commingled with any other fund of the government of Guam or instrumentality o

ublic Signage Enforcement Fund. (b) There is created the 'Public Signage Enforcemen t Fund' (Fund). The Fund shall not be commingled with any other fund of the government of Guam or instrumentality o f the government of Guam. Expenditures from the Fund are subject to appropriation by I Liheslaturan Guåhan and shall be used solely for the enforcement of this Subarticle. (c) The Building Official shall implement a penalty schedule on a scale commensurate with the seriousne ss of the sign violation. Such penalty schedule shall be subject to the Administrative Adjudication Law (5 GCA Chapter 9). (d) Any person or business, within ten (10) working days of receipt of a Notice of Violation, may file an appea l of the finding(s) of a violation. The Guam Land Use Commis sion shall hear and decide appeals relative to any penalty imp osed pursuant to this Section. The payment of any penalty shall be stayed during appeals. The Guam Land Use Commission shall promulgate rules and regulations, in compliance with the Administrat ive Adjudication Law (5 GCA Chapter 9), to implement th e appeals process relative to this Section within ninety (90) days of the enactment of this Act.

egulations, in compliance with the Administrat ive Adjudication Law (5 GCA Chapter 9), to implement th e appeals process relative to this Section within ninety (90) days of the enactment of this Act. SOURCE: GC § 17402.1 enacted by P.L. 15-100:2 (Feb. 1, 1980 ). Amended by P.L. 35-070:1 (Feb. 13, 2020). 2020 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. 2015 NOTE: The source of this provision, GC § 17402.1, was f ound to be unconstitutional in Gov’t of Guam v. Wang & Tung Hua Trading Co., Ltd. , 2 Guam R. 102 (1980). However, the constitutiona l infirmity was addressed by the amendment to § 17402 by P.L. 15-14 7:10 (Dec. 31, 1980). § 61546. Signs on School Bus Stop Shelters. Notwithstanding any law in this Chapter to the cont rary, it shall not be illegal for the Department of Educatio n to place a sign on any school bus stop shelter to identify and comm emorate a public business or individual who contributed money to provide COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 77 for the erection and maintenance of such shelters. Such signs shall be non-moving and non-flashing and not larger than the dimensions of the bus stop shelter.

1 GCA REAL PROPERTY CH. 61 ZONING LAW 77 for the erection and maintenance of such shelters. Such signs shall be non-moving and non-flashing and not larger than the dimensions of the bus stop shelter. SOURCE: GC § 17403 enacted by P.L. 15-144:5 (Dec. 27, 1980) . NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. The passage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education. § 61547. Regulation of Digital Signs. (a) Definitions. (1) Animated sign means a sign employing actual motion, the illusion of motion, or light and/or col or changes achieved through mechanical, electrical, or electro nic means. Animated signs, which are differentiated from chang eable signs as defined and regulated by this Section, inc lude the following types: (A) environmentally activated animated signs or devices are motivated by wind, thermal changes, or other natural environmental input, such as spinners , pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring extern al motivation; (B) mechanically activated animated signs are characterized by repetitive motion

pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring extern al motivation; (B) mechanically activated animated signs are characterized by repetitive motion and/or rotation activated by a mechanical system powered by electri c motors or other mechanically induced means; (C) electrically activated animated signs produce the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one (1) or bot h of the classifications noted below: (i) flashing - animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or les s COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 78 than the period of non-illumination. A cyclical period between on-off phases of illumination exceeding four (4) seconds shall not constitute flashing; (ii) patterned illusionary movement - animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated

tterned illusionary movement - animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion. (2) Changeable sign means a sign with the capability of content change by means of manual or remote inpu t, including the following types: (A) manually activated – changeable sign whose message copy or content can be changed manually on a display surface; (B) electrically activated - changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic componen ts arranged on a display surface. Illumination may be integral to the components, such as characterized b y lamps or other light-emitting devices; or it may be from an external light source designed to reflect off th e changeable component display. (3) Digital sign means an on-premise electrically activated animated sign, changeable sign, illuminat ed sign, or Electronic Message Center sign located in the Tumon Bay H

angeable component display. (3) Digital sign means an on-premise electrically activated animated sign, changeable sign, illuminat ed sign, or Electronic Message Center sign located in the Tumon Bay H Resort-Hotel Zone. Digital signs are not environmentally or mechanically activated flashing animated signs o r devices. (4) Electronic Message Center (EMC) sign means an electrically activated changeable sign whose variab le message and/or graphic presentation capability can be electronically programmed by computer from a remote location. EMCs typically use light emitting diodes (LEDs) as COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 79 a lighting source. Terms principally associated wit h an EMC are: (A) display time - the amount of time a message and/or graphic is displayed. (B) dissolve - a mode of message transition accomplished by varying the light intensity or patt ern, in which the first message gradually appears to dis sipate and lose legibility with the gradual appearance and legibility of the second message. (C) fade - a mode of message transition accomplished by varying the light intensity, where the first message gradually reduces intensity to the po int of not being

d legibility of the second message. (C) fade - a mode of message transition accomplished by varying the light intensity, where the first message gradually reduces intensity to the po int of not being legible and the subsequent message gradua lly increases intensity to the point of legibility. (D) dynamic frame effect - a frame effect in which the illusion of motion and/or animation is used. (E) frame- a complete, static display screen. (F) frame Effect - a visual effect applied to a single frame. (G) scroll - a mode of message transition in which the message appears to move vertically across the display surface. (H) transition - a visual effect used to change from one message to another. (I) travel - a mode of message transition in which the message appears to move horizontally across the display surface. (5) Illuminance means the amount of light falling upon a real or imaginary surface, commonly 'light level' or 'illumination,' measured in foot candles (lumens/sq uare foot) in the English System, and lux (lumens/square meter) in the SI (metric) system. (6) Luminance means the light that is emitted by or reflected from a surface, measured in units of lumi nous intensity (candelas)

lish System, and lux (lumens/square meter) in the SI (metric) system. (6) Luminance means the light that is emitted by or reflected from a surface, measured in units of lumi nous intensity (candelas) per unit area (square meters i n SI COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 80 measurement units or square feet in English measure ment units). (7) Multiple-faced sign means a sign containing two (2) or more faces. (8) Off-premise business information means commercial or noncommercial messages not appurtenan t to the use of, products sold on, or the sale or lease of, the property on which it is displayed. (9) On-premise sign means a sign erected, maintained or used in the outdoor environment, or visible from the outside environment, for the purpose of the display of messages appurtenant to the use of, products sold o n, or the sale or lease of, the property on which it is displ ayed, and for public service announcements. For purposes of this Subsection, public service announcements are limite d to factual information about public health and public safety as determined by the Department of Public Health and S ocial Services, the Guam Police Department, or the Office of Civil

nts are limite d to factual information about public health and public safety as determined by the Department of Public Health and S ocial Services, the Guam Police Department, or the Office of Civil Defense. (10) Sign means a device visible from a public place, whose essential purpose and design are to convey ei ther commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial sym bols or representations. (11) Sign copy means the physical sign message, including any words, letters, numbers, pictures, an d symbols. (12) Sign face means the surface upon, against or through which the sign copy is displayed or illustr ated, not including structural supports, architectural featur es of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated fr om the background surface upon which the sign copy is disp layed by a distinct delineation, such as a reveal or border. (A) In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is COL9/7/202121 GCA REAL PROPERTY CH.

A) In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 81 displayed or illustrated, but not open space betwee n separate panels or cabinets. (B) In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regu lar geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign co py, but not the open space between separate groupings o f sign copy on the same building or structure. (C) In the case of sign copy enclosed within a painted or illuminated border or displayed on a background contrasting in color with the color of t he building or structure, the sign face shall comprise the area within the contrasting background, or within t he painted or illuminated border. (b) Restrictions. (1) Digital signs are authorized only in the Tumon Bay H Resort-Hotel Zone, and shall be subject to the provisions set forth in this Section.

hin t he painted or illuminated border. (b) Restrictions. (1) Digital signs are authorized only in the Tumon Bay H Resort-Hotel Zone, and shall be subject to the provisions set forth in this Section. (2) The Department of Public Works shall promulgate rules and regulations for digital sign permits in t he Tumon Bay H Resort-Hotel Zone. (3) Digital signs, as identified in this Section, s hall be subject to the Department of Public Works digital s ign permit process and may be erected and operated only after a building permit and an occupancy permit are issued. (4) It shall be unlawful to display off-premise business information on a digital sign. (5) It shall be unlawful to erect a flashing digital sign. (6) Digital signs shall be properly maintained. The Building Official of the Department of Public Works shall issue a Notice of Violation to the permittee for an y digital sign that is damaged or non-functional. The permitt ee shall make necessary repairs within ninety (90) days of n otice. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 82 (7) Digital signs shall be placed along on the building wall or behind a window or clear covering on the bu ilding wall, shall not be higher

tice. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 82 (7) Digital signs shall be placed along on the building wall or behind a window or clear covering on the bu ilding wall, shall not be higher than the roof line of the building, and shall protrude no farther than eighteen (18) in ches from the wall to which they are attached. (8) A digital sign authorized under this Section shall only be placed on any building wall along Pale San Vito res Road or Gun Beach Road that faces the road. Such di gital sign shall not illuminate or shed light onto the beach or ocean. (9) Any permitted digital sign under this Section m ay be illuminated at night. (10) On-premise digital signs do not constitute a form of outdoor lighting at night and are exempt from an y other outdoor lighting regulations that the Department of Public Works has adopted. (11) Digital signs that are illuminated at night may not exceed a maximum luminance level of seventy (70) fo ot candles, regardless of the method of illumination. (12) Digital signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaries that are fully shielded.

ination. (12) Digital signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaries that are fully shielded. (13) All illuminated digital signs must comply with the maximum luminance level of sixty-five (65) foot can dles at least one-half (½) hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, for the specific geographic location and date. All illuminated digital signs must comply with this max imum luminance level throughout the night, if the digita l sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the digital sign may resume lum inance levels appropriate for daylight conditions, when re quired or appropriate. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 83 (14) A digital sign shall not have a sign face exceeding twenty percent (20%) of the allowable signage area on the façade of the building, as prescribed by law or by a variance from the Guam Land Use Commission, except that in n o case shall digital signage area exceed two (2) signs of one hundred sixty-five

the façade of the building, as prescribed by law or by a variance from the Guam Land Use Commission, except that in n o case shall digital signage area exceed two (2) signs of one hundred sixty-five (165) square feet each. (15) Digital sign emissions are prohibited. No digi tal sign which emits smoke, flames, visible vapors, par ticles, sound, or odor shall be permitted. (16) Digital signs are prohibited from promoting obscene material, as defined in 9 GCA § 28.90. (17) The Department of Public Works shall promulgate a fee schedule for digital sign permits based on it s size. (c) Statutory Interpretation. A digital sign shall be considered and deemed prohibited if it is not expli citly allowed in this Section. (d) The Guam Land Use Commission shall not grant a variance for electronic signs that exceed the size limits and the lumens in this Act, and shall not allow for audible digital signs. SOURCE: Added by P.L. 35-052:2 (Nov. 27, 2019). Subsectio n (d) added as uncodified law by P.L. 35-052:4 (Nov. 27, 2019), and codified by the Compiler. ---------- SUBARTICLE 6 JUNK YARDS § 61561. Permits Required. § 61562. Improvement Standards § 61563. Application Required. § 61564.

aw by P.L. 35-052:4 (Nov. 27, 2019), and codified by the Compiler. ---------- SUBARTICLE 6 JUNK YARDS § 61561. Permits Required. § 61562. Improvement Standards § 61563. Application Required. § 61564. Hearing Required. § 61565. Permit Issued or Denied. § 61566. Nonconforming Junk Yards. § 61561. Permits Required . No person shall establish a junk yard or extend the boundaries of an existing junk yard without obtaini ng a permit COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 84 from the Territorial Land Use Commission. Junk yard s which are established on the effective date of this Subarticl e shall be governed by the provisions of § 61566. § 61562. 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. § 61563. Application Required.

nty (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. § 61563. Application Required. The owner shall make application for the issuance o f a permit under Subarticle 6 of this Article to the Territori al Land Use Commission. Such application shall include: (a) A statement of intent; (b) A map of the general area showing the subject l ot and all abutting properties, with names and address es of owners; and (c) A proposed site plan, showing proposed enclosur e, access and egress. (d) The Commission shall charge and collect a filin g fee of Seventy-Five Dollars ($75.00) for a Junk Yard Pe rmit application. All fees collected under this Section shall be deposited in the Department of Land Management Land Survey Revolving Fund (LSRF). SOURCE: Subsection (d) added by P.L. 29-002:V:III:12 (May 1 8, 2007). § 61564. Hearing Required. Within one month of the first regularly scheduled T erritorial Land Use Commission meeting after receipt of an app lication, the Territorial Land Use Commission shall hold a public hearing on COL9/7/202121 GCA REAL PROPERTY CH.

t regularly scheduled T erritorial Land Use Commission meeting after receipt of an app lication, the Territorial Land Use Commission shall hold a public hearing on COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 85 the proposed junk yard. The Territorial Land Use Co mmission shall cause notice of such application and hearing to be sent to abutting property owners by registered mail, and ad vertisement of such hearing to be sent to abutting property owners by registered mail, and advertisement of such hearing to appear i n a newspaper of general circulation throughout the territory at least ten (10) days prior to the hearing. § 61565. Permit Issued or Denied. After such public hearing, if the Territorial Land Use Commission determines that the standards set forth in § 61602 are met, the Territorial Land Use Commission shall issu e a permit. Any person aggrieved by a decision of the Territori al Land Use Commission under this section shall have the right to appeal to the Superior Court as provided in § 61621 of this Chapt er. § 61566. Nonconforming Junk Yards. (a) The nonconforming use of a building or premises for the purpose of operating a junk yard within any Agricul tural (A),

as provided in § 61621 of this Chapt er. § 61566. Nonconforming Junk Yards. (a) The nonconforming use of a building or premises for the purpose of operating a junk yard within any Agricul tural (A), Residential (R1 and R2), or Commercial Zone (C and LC) shall, within five (5) years after the effective date of t his Chapter, be discontinued and the building or premises thereafte r 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 Ind ustrial (M1) Zone may continue subject to the provisions of Arti cle 5, Subarticle 3 of this Chapter, provided that it is m ade to conform to the provisions of § 61562 within the (1) year of the effective date of this Subarticle. If such action is not take n, the provisions of subparagraph (a) shall apply. SOURCE: This Subarticle was sourced in GC §§ 17425-17430, e ffective March 29, 1968. ---------- ARTICLE 6 ADMINISTRATION AND ENFORCEMENT COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 86 Subarticle 1. Administrating and Enforcing. Subarticle 2. Appeals & Reviews. Subarticle 3. Changes of Zones.

ICLE 6 ADMINISTRATION AND ENFORCEMENT COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 86 Subarticle 1. Administrating and Enforcing. Subarticle 2. Appeals & Reviews. Subarticle 3. Changes of Zones. Subarticle 4. Recording - Submission to the Legisla ture. Subarticle 5. Fees. Subarticle 6. Penalty for Violation. SUBARTICLE 1 ADMINISTRATING AND ENFORCING § 61601. Enforcement. § 61602. Building Permit Required. § 61603. Building Permit Not to be Issued. § 61604. License Approval Required. § 61605. Form and Filing. Who May File. § 61606. Standard of Review. § 61607. Findings and Notice. § 61608. Failure to Comply – Fines/Revocation of Ce rtificate of Occupancy. § 61609. Department of Public Works Building and De sign Fund. § 61610. Decision - Final. § 61611. Appeals. § 61601. Enforcement. The Building Official designated in Chapter 66 of t his Title shall have the power and duty to enforce the provis ions of this law. All authority granted to him by Chapter 66 of this Code may be used in furtherance of these enforcement activities , whenever such authority is necessary and applicable. SOURCE: GC § 17450. § 61602. Building Permit Required.

him by Chapter 66 of this Code may be used in furtherance of these enforcement activities , whenever such authority is necessary and applicable. SOURCE: GC § 17450. § 61602. Building Permit Required. Before commencing the construction of a new buildin g or structure, or the alteration, enlargement or moving of an existing building or structure, a building permit authorizin g such work shall first be obtained from the Building Official as provided for in Chapter 66 of this Code; provided however that t he Building Official may delegate the authority to issue permit s outside of the COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 87 organized villages to the commissioners referred to in Title 1, Chapter 40 of this Code. SOURCE: GC § 17451 § 61603. Building Permit Not to be Issued. No building permit or certificate of occupancy shal l be issued by the Building Official for the erection, alterati on, enlargement, or use of any building or structure or part thereof , or for the use of any land, which is not in accordance with all provi sions of this law. Any building permit or certificate of occupanc y issued in conflict with the provisions of this Chapter, shall be null and void.

any land, which is not in accordance with all provi sions of this law. Any building permit or certificate of occupanc y issued in conflict with the provisions of this Chapter, shall be null and void. SOURCE: GC § 17452. § 61604. License Approval Required. No license pertaining to the use of land or buildin g shall be issued by any department, officer or employee of th e government of Guam, vested with such duty, unless the applicat ion for such license has been approved by the Building Official as to the conformance of said use with the provisions of this Chapter. Any license issued in conflict with the provisions of t his Chapter shall be null and void. SOURCE: GC § 17453. § 61605. Form and Filing. Who May File. Any government official or person(s) may file a com plaint with the Director of the Department of Public Works . (a) Filing. Complaints of violations of zoning law s shall be made in writing to the Director of the Departmen t of Public Works. A complaint for zoning violations, wh en received by the Department of Public Works, shall stamp and record the date and time upon receipt of each compl aint. (b) Form.

e Departmen t of Public Works. A complaint for zoning violations, wh en received by the Department of Public Works, shall stamp and record the date and time upon receipt of each compl aint. (b) Form. A written complaint shall include the following: (1) The name, contact number, electronic mail (if available), mailing and/or business address of the complainant; (2) Detailed narrative of complaint; COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 88 (3) Supporting evidence or documents to substantiate grounds for complaint. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). 2014 NOTE: Within 90 days of enactment of P.L. 32-070 (Dec. 27, 2013), the Department of Public Works and the Department o f Land Management were mandated to promulgate rules and regulations p ursuant to the Administrative Adjudication Law, Title 5 GCA, Chapt er 9. P.L. 32-070:3. Within 30 days of enactment, the Department of Publ ic Works and the Department of Land Management were mandated to prov ide notification of implementation of P.L. 32-070 to the general pub lic by posting notices in the departments and using media outlets. P.L. 32 -070:4. § 61606. Standard of Review.

e mandated to prov ide notification of implementation of P.L. 32-070 to the general pub lic by posting notices in the departments and using media outlets. P.L. 32 -070:4. § 61606. Standard of Review. The Director of the Department of Public Works shall investigate all violation complaints within ten (10 ) days of submission. Investigative findings shall be completed and issued within 30 working days from receipt of complaint. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). § 61607. Findings and Notice. (a) Such person(s) in receipt of the notice of vio lation; the owner, occupant, lessee, mortgagee, agent and other person(s) having control over the activities or use of said a rea, or all of the aforementioned, shall be notified in writing with a detailed description of the violation. The notice shall be issued via certified mail or by personal delivery and signed by the Dire ctor of the Department of Public Works, or his/her designee. (b) Any person(s) that is found in violation shall have ten working (10) days to rectify said violations by the following: (1) cease and desist all violative activity and rem ove all violative structures and/or violative items; or (2) cease and

shall have ten working (10) days to rectify said violations by the following: (1) cease and desist all violative activity and rem ove all violative structures and/or violative items; or (2) cease and desist all violative activity and immediately apply for appropriate zone designation. No violative activity shall be conducted on the said property during the pendency of the zoning application to cu re a violation. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). § 61608. Failure to Comply – Fines/Revocation of Ce rtificate COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 89 of Occupancy. (a) Failure to rectify violations within ten (10) d ays of the receipt of the notice of violation shall be assessed a fine of One Hundred Dollars ($100.00) per day until the violati on has been rectified according to § 61607 of this Chapter. (b) In the event the violator is a business, if the violation(s) is not rectified within ten (10) working days after a fin e has been assessed, the Director shall revoke the certificate of occupancy until such time as the violation(s) has been rectif ied. (c) If the violation involves a complaint regarding residential setback, the violator may seek a variance or

voke the certificate of occupancy until such time as the violation(s) has been rectif ied. (c) If the violation involves a complaint regarding residential setback, the violator may seek a variance or summar y zone change from the Department of Land Management to come into compliance. (d) The fine imposed by this Section will not be applied until the variance or summary zone change application has been denied. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). 2017 NOTE: Subsection designations added pursuant to authori ty granted by 1 GCA § 1606. § 61609. Department of Public Works Building and De sign Fund. All monies collected from fines according to § 6160 8 of this Chapter shall be deposited into the DPW Building and Design Fund for the administrative costs to the division f or the enforcement of zoning laws. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). § 61610. Decision - Final. Any determination of finding(s) of the violation of zoning laws by the Director of the Department of Public Wo rks or his/her designee shall be final. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). § 61611. Appeals.

of finding(s) of the violation of zoning laws by the Director of the Department of Public Wo rks or his/her designee shall be final. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). § 61611. Appeals. A complainant, or any person in receipt of a notice of violation who wishes to, may, within 10 working day s, appeal the determination of finding(s), or lack of findings by the Director of COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 90 the Department of Public Works, and may file such a ppeal and submit to the Guam Land Use Commission who shall exercise its powers pursuant to Article 6 of Chapter 61 of Title 21, Guam Code Annotated. The payment of fines and the revocation of occupancy certificate shall be stayed during appeals, but monetary fines shall continue to accrue. SOURCE: Added by P.L. 32-070:2 (Nov. 27, 2013). ---------- SUBARTICLE 2 APPEALS AND REVIEWS § 61615. Appeals Involving Administration Enforceme nt. § 61616. Variances. § 61617. Variance Requirements. § 61618. Variance Application-Form and Contents. § 61619. Hearing Date-Notice. § 61620. Decision by Territorial Land Use Commissio n. § 61621. Decision Final-Appeal. § 61622. Jurisdiction. § 61623.

. § 61618. Variance Application-Form and Contents. § 61619. Hearing Date-Notice. § 61620. Decision by Territorial Land Use Commissio n. § 61621. Decision Final-Appeal. § 61622. Jurisdiction. § 61623. Review by Municipal Planning Council. § 61624. No Use of Parks. § 61615. Appeals Involving Administration Enforceme nt. The Territorial Land Use 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 certificate of occupancy, or other order, require- ment, or decision made by the Building Official or other administrative official in the administration of th is Chapter; and (b) (1) To hear and decide appeals from any order, require- ment, decision or determination made by the Buildin g Official in the enforcement of the provisions of th is Chapter. (2) The procedure for filing such appeals as well a s the procedure governing the actions of the Commission t hereon, COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 91 shall be similar to that set forth in §§ 31062 to 3 1071 inclusive of Chapter 66 of this Code.

e governing the actions of the Commission t hereon, COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 91 shall be similar to that set forth in §§ 31062 to 3 1071 inclusive of Chapter 66 of this Code. (c) Four (4) affirmative votes of its members shall be required to approve any action by the Territorial L and Use Commission, and the chairperson thereof is required to vote on all matters. SOURCE: GC § 17500. Subparagraph (c) is added to § 61615 by P.L. 21- 072:25(c). 2017 NOTE: Subitem designations added pursuant to the authorit y of 1 GCA § 1606. § 61616. Variances. Where practical difficulties, unnecessary hardships , or results inconsistent with the general purposes of t his Chapter would occur from its strict literal interpretation or enforcement, the Territorial Land Use Commission shall have auth ority to grant such variances therefrom as may be in harmony with its general purpose and intent, so that the spirit of the law s hall be observed, public safety secured, and substantial justice done , including the following: (a) Permit the extension of an existing or pro pose d conforming building or use into an adjoining more r estricted zone for a distance not exceeding fifty

ial justice done , including the following: (a) Permit the extension of an existing or pro pose d conforming building or use into an adjoining more r estricted 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 a n alley from a less restricted zone, upon such conditions a nd safeguards as will tend to cause an effective trans ition from the less restricted to the more restricted zone; (c) Permit the addition, enlargement or moving or a nonconforming building or structure; (d) Permit such modification of the height regulati ons as may be necessary to secure an appropriate building or struc- ture on a lot which has such physical characteristi cs or is so located with relation to surrounding development th at it cannot be properly improved without such modificati on; (e) Permit such modification of the yard, lot width or lot area regulations or requirements as may be necessar y to COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 92 secure an appropriate building or structure on a lo t which is of such size, shape or topography, or is so located in relation to adjacent property or

/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 92 secure an appropriate building or structure on a lo t which is of such size, shape or topography, or is so located in relation to adjacent property or improvements that it cannot be appropriately improved without such modification; (f) Permit such modifications on the lot area per dwelling unit (density) requirements as may be nece ssary to secure an appropriate development of a lot in keepi ng with its size and location; (g) Permit the modification or waiver of the automo bile parking space or loading space requirements where s uch modification would not be inconsistent with the pur poses of this Chapter; (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 t hey are prohibited by this Chapter: governmental enterp rises; public utilities and public service uses or structu res; hospitals or institutions; or development of natural resource s. (j) Permit the construction of buildings in violati on of the restrictions of § 61504 of this Chapter; (k) Permit the owner of a lot in a rural zone to pa rcel therefrom one lot not less than ten

s. (j) Permit the construction of buildings in violati on of the restrictions of § 61504 of this Chapter; (k) Permit the owner of a lot in a rural zone to pa rcel therefrom one lot not less than ten thousand (10,00 0) square feet in area to be used for a single family residen ce, such variance to be conditioned upon a prohibition on an y subse- quent parcelling of the lot and that the parcelled out lot be served by water and power and a public road. (l) (1) Notwithstanding other provisions within thi s Section, establish guidelines through resolution to permit the Director of the Department of Land Management, with advisement from the Guam Chief Planner, to utilize his discretion in approving min or yard setback variances specifically for single family residential dwellings or any assessory structure of a residential use which, at a minimum, satisfies the following requirements: COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 93 (A) The variance is for not more than three (3) feet beyond the setback requirement of only one (1) yard (side, front, or rear) to allow the suitable location of a structure where practical difficultie s exist due to special circumstances applicable to

beyond the setback requirement of only one (1) yard (side, front, or rear) to allow the suitable location of a structure where practical difficultie s exist due to special circumstances applicable to th e building or property, including size, shape, topography, location or surroundings, depriving such property of privileges enjoyed by other property in the vicinity and under identical zoning classification consistent with the general welfare of the adjacent neighbors. (B) The granting of the variance does not authorize a use or activity which is not authorized by the zone regulations governing the parcel or property. (C) Water runoff from the roof line of any structure shall not encroach beyond the property line of a parcel. (D) No encroachment onto an area engrossed by a grant of easement shall occur. (E) Concurrence from the adjacent property owners located along the property line closest to the setback encroachment shall be obtained. (F) Real property chattels or any transient residential accommodations including breakfast inns, motels or hotels are not considered as residential dwellings for the purpose of this Subsection.

ined. (F) Real property chattels or any transient residential accommodations including breakfast inns, motels or hotels are not considered as residential dwellings for the purpose of this Subsection. (G) No other setback variance shall be granted by the Commission on the parcel affected by a grant of variance through this Subsection. The physical removal of any structure or a portion thereof approved through this Subsection shall void the restrictions imposed by this Subsection. (2) The Department shall notify all contiguous property owners of the proposed minor yard setback COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 94 variance. Upon notification by the Department, the property owners shall have thirty (30) days to subm it written objections to the Director. SOURCE: GC § 17501. Subsection (k) added by P.L. 10-173 as (j) and renumbered by the Ed., GC (1974 Supp.) Subsection (l) added by P.L. 27- 091:2 (May 6, 2004). 2017 NOTE: Subitem designations added/altered in subsection (l ) pursuant to the authority of 1 GCA § 1606. § 61617. Variance Requirements. (a) No variance shall be granted by the Commission unless it finds: (1) That the strict application of the provisions o f

) pursuant to the authority of 1 GCA § 1606. § 61617. Variance Requirements. (a) No variance shall be granted by the Commission unless it finds: (1) That the strict application of the provisions o f this Chapter would result in practical difficulties or u nnecessary hardships inconsistent with the general purpose and intent of the law; (2) That there are exceptional circumstances or conditions applicable to the property involved or t o the intended use thereof that do not apply generally to other property in the same zone; (3) That the grant of the variance will not be mate rially detrimental to the public welfare or injurious to t he property or improvements in the zone or neighborhood in whic h the property is located; and (4) That the grant of such variance will not be con trary to the objectives of any part of the Master Plan ad opted by the Commission or Legislature; (5) That, as to variances from the restrictions of § 61504 of this Chapter, the proposed building will substan tially enhance the recreational, aesthetic or commercial v alue of the beach area upon which the building is to be con structed, and that such building will not interfere with or a dversely affect the

ially enhance the recreational, aesthetic or commercial v alue of the beach area upon which the building is to be con structed, and that such building will not interfere with or a dversely affect the surrounding property owners’ or the publ ic’s right to an untrammeled use of the beach and its natural beauty. (b) The above requirements need not apply to the ty pes of uses specified in § 61616(i), and variances for suc h uses shall only be granted by the Commission where it finds that th ey are deemed COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 95 essential or desirable to the public convenience or welfare, are in harmony with the various elements or objectives of the Master Plan, and will not be materially detrimental or inj urious to the property or improvements in the immediate neighborh ood. SOURCE: GC § 17502. 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. § 61618. Variance Application-Form and Contents. An application for variance shall be filed with the Executive Secretary of the Commission upon a form and accompa nied by such data and information as the Commission may pre scribe. SOURCE: GC § 17503. § 61619.

ion for variance shall be filed with the Executive Secretary of the Commission upon a form and accompa nied by such data and information as the Commission may pre scribe. SOURCE: GC § 17503. § 61619. Hearing Date-Notice. (a) Upon the filing of a variance application, the Commission shall fix a reasonable time for hearing the same an d shall give notice thereof to the applicant and may give notice to any other parties in interest. All hearings shall be conducte d in the affected municipality and shall be in accordance with the ru les established by the Commission, but any party in interest may ap pear in person, or by designated attorney or agent. At least one (1 ) such hearing shall be conducted after six o’clock (6:00) p.m. (b) (1) In addition, the Commission shall require the applicant to erect a sign on the subject location, no smaller than four feet (4') by eight feet (8') in height an d width, with the words 'Notice to Rezone' in no less than twelve inch (12') high red letters on a white background occupy ing two feet (2') by eight feet (8') of the sign, and displ ayed to make the following information available to the general public in a reasonable manner: (A) a Statement of

a white background occupy ing two feet (2') by eight feet (8') of the sign, and displ ayed to make the following information available to the general public in a reasonable manner: (A) a Statement of Public Notice that an application for a variance has been filed with the Commission; (B) the title of the application as filed, containi ng the name of the owner, the name of the developer, t he lot number, and the proposed variance; and COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 96 (C) the date, time, and place of each public hearing and Commission meeting where public comments can be presented. (2) The sign shall be erected and displayed in a vi sible and prominent place on the subject site no less tha n five (5) days after an application is filed with the Commiss ion, and shall be removed after the Commission renders a fin al decision on the application or the applicant offici ally withdraws the application. (c) The Commission shall not render a decision in f avor of any applicant that fails to comply with both this s ign requirement and any other public notice requirement that is pre scribed by law, rule or regulation.

on shall not render a decision in f avor of any applicant that fails to comply with both this s ign requirement and any other public notice requirement that is pre scribed by law, rule or regulation. Failure to meet the notice requ irements as provided herein renders any approval by the Commiss ion null and void. SOURCE: GC § 17504 as amended by P.L. 20-217:3. Amended by P.L. 30-173:1 (July 16, 2010). 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 61620. Decision by Territorial Land Use Commissio n. If, from the facts presented with the application a t the hearing, or by investigation by or at the instance of the Commission, the Commission makes the findings set f orth in § 61617, it may grant the variance in whole or in par t, upon such terms and conditions as it deems necessary to confo rm to the general intent and purpose of this law. If the Comm ission fails to make said findings, it shall deny the application.

n par t, upon such terms and conditions as it deems necessary to confo rm to the general intent and purpose of this law. If the Comm ission fails to make said findings, it shall deny the application. Each decision by the Commission authorizing a variance from the regu lations herein established must be by resolution adopted by a majority of its membership, setting forth in writing the findin gs required by § 61617, except that no written findings shall be req uired in granting minor variances from the height, yard, lot width, l ot area or lot area per dwelling unit requirements. The Commission shall make its decision on each variance application within a reasonable time and shall forthwith furnish a copy thereof to the a pplicant and to COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 97 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 Land Management’s Office of the R egistrar and in the records of the Department of Public Works. I f the decision filed involves a variance granted by the Commission , said variance shall be the authority for the Director of Land Management to endorse

e records of the Department of Public Works. I f the decision filed involves a variance granted by the Commission , said variance shall be the authority for the Director of Land Management to endorse and to issue any building per mit or certificate of occupancy in conformance thereto and for the approval of any application for the approval of a r equired license. The Director of Land Management shall withhold appr oval of or endorsement for the issuance of a building permit, certificate of occupancy, or license for any failure to conform to the terms and conditions of the variance as set by the Guam Land Use Commission in granting the variance. SOURCE: GC § 17505. Amended and renamed by P.L. 36-007:3 ( Mar. 5, 2021). 2021 NOTE: This provision was originally named 'Decision by Territorial Land Use Commission.' § 61621. Decision Final-Appeal. The decision by the Commission on any variance shal l be final, except that any party aggrieved by such deci sion shall be entitled to a judicial review thereof by applicatio n to the Superior Court within fifteen (15) days after the filing of the Commission’s decision in the Department of Land Management and t he Department of Public Works.

l review thereof by applicatio n to the Superior Court within fifteen (15) days after the filing of the Commission’s decision in the Department of Land Management and t he Department of Public Works. SOURCE: GC § 17506. § 61622. Jurisdiction. The Superior Court of Guam shall have jurisdiction over all actions arising from the provisions of this Title. SOURCE: GC § 17507. NOTE: Pursuant to P.L. 12-085 (Jan. 16, 1974), references to Island Court of Guam were altered to Superior Court of Guam. § 61623. Review by Municipal Planning Council. (a) The Municipal Planning Council of each municip al district to be affected by a proposed variance shal l review the request and express its support or opposition there on by resolution COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 98 adopted by a majority of its members, and submit su ch resolution to the Commission within twenty (20) days from the date of its public hearing thereon for the Commission’s conside ration thereof pursuant to § 61620. (b) For each proposed variance involving land in G uam, the relevant Municipal Planning Council of Guam’s respe ctive villages shall conduct a minimum of two (2) separat e public meetings, pursuant

. (b) For each proposed variance involving land in G uam, the relevant Municipal Planning Council of Guam’s respe ctive villages shall conduct a minimum of two (2) separat e public meetings, pursuant to the requirements of Chapter 8 , Division 1, Title 5, Guam Code Annotated. SOURCE: Added by P.L. 20-217:4 (Aug. 22, 1990), and amended by P.L. 33-129:3 (Mar. 4, 2016). 2016 NOTE: Subsection designations added by the Compiler pur suant to authority granted by 1 GCA § 1606. § 61624. No Use of Parks. The government of Guam shall not, in considering pr oposed variances, allow any part of the Guam Territorial P ark System to be used by a private landowner to fulfill the parki ng or other requirements of the construction which is the subje ct of the proposed variance. SOURCE: Added by P.L. 20-188:8 (June 11, 1990) as § 61623. Codified to this section by the Compiler. ----------- SUBARTICLE 3 CHANGES OF ZONES § 61630. Requirements for Changes. § 61631. Procedure. § 61632. Application-Form and Contents. § 61633. Hearing Date-Notice. § 61634. Decision by Commission. § 61635. Planned Development Districts. § 61636. Change of Zoning Map. § 61637. Agricultural Impact Statement. § 61638.

rm and Contents. § 61633. Hearing Date-Notice. § 61634. Decision by Commission. § 61635. Planned Development Districts. § 61636. Change of Zoning Map. § 61637. Agricultural Impact Statement. § 61638. Review by Municipal Planning Council. § 61639. Summary Procedure for Agricultural and Sin gle Family Residential Rezoning. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 99 § 61640. [Untitled]. § 61630. Requirements For Changes. The Commission may, with the approval of the Govern or, change the zones established under this Chapter whe never it finds that the public necessity, convenience and general welfare justify such action. SOURCE: GC § 17600. § 61631. Procedure. A proposed change may be initiated by the Commissio n or by an application directed to the Commission by any person owning or leasing real property within the area cov ered by the zone. SOURCE: GC § 17601. § 61632. Application-Form and Contents. An application for a change of zone shall be filed with the Commission upon a form and accompanied by such data and information as the Commission may prescribe. SOURCE: GC § 17602. § 61633. Hearing Date-Notice.

ion for a change of zone shall be filed with the Commission upon a form and accompanied by such data and information as the Commission may prescribe. SOURCE: GC § 17602. § 61633. Hearing Date-Notice. (a) Upon the filing of an application for a change of zone, the Commission shall hold at least one (1) hearing ther eon in the municipal district where the property to be rezoned is located, as such districts are described in Chapter 40, 5 GCA G overnment Operations, and a notice of the time and place of t he hearing shall be published in at least one (1) newspaper of gener al circulation at least ten (10) days before the date of said hear ing, and sent by mail to the Mayor of the municipal district concern ed, and to those landowners owning land within five hundred (500) fe et of the property for which the rezoning is requested, the m ailing addresses for such landowners to be in the Real Tax records. (b) (1) In addition, the Commission shall require the applicant to erect a sign on the subject location, no smaller than four feet (4') by eight feet (8') in height an d width, with the words 'Notice to Rezone' in no less than twelve inch COL9/7/202121 GCA REAL PROPERTY CH.

sign on the subject location, no smaller than four feet (4') by eight feet (8') in height an d width, with the words 'Notice to Rezone' in no less than twelve inch COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 100 (12') high red letters on a white background occupy ing two feet (2') by eight feet (8') of the sign, and displ ayed to make the following information available to the general public in a reasonable manner: (A) a Statement of Public Notice that an application for a change of zone has been filed wit h the Commission; (B) the title of the application as filed, containi ng the name of the owner, the name of the developer, t he lot number, and the proposed change of zone; and (C) the date, time, and place of each public hearing and Commission meeting where public comments can be presented. (2) The sign shall be erected and displayed in a vi sible and prominent place on the subject site no less tha n five (5) days after an application is filed with the Commiss ion and shall be removed after the Commission renders a fin al decision on the application or the applicant offici ally withdraws the application.

days after an application is filed with the Commiss ion and shall be removed after the Commission renders a fin al decision on the application or the applicant offici ally withdraws the application. (c) The Commission shall not render a decision in f avor of any applicant that fails to comply with both this s ign requirement and any other public notice requirement that is pre scribed by law, rule or regulation. Failure to meet the notice requ irements as provided herein renders any approval by the Commiss ion null and void. SOURCE: GC § 17603 as amended by P.L. 10-158 (July 3, 1970) . Amended by P.L. 30-173:2 (July 16, 2010). 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. § 61634. Decision by Guam Land Use Commission. (a) The Commission shall consider the proposed cha nge of zone and may approve or disapprove the same, in who le or in part. The Commission shall make its findings and determin ation within forty (40) days from the date of the hearing thereo n and shall forward notice of such decision to the applicant, i f any. If the application is approved in whole or in part by the Commission, COL9/7/202121 GCA REAL PROPERTY

date of the hearing thereo n and shall forward notice of such decision to the applicant, i f any. If the application is approved in whole or in part by the Commission, COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 101 the same shall be forwarded to the Governor who may approve or disapprove the proposed change in whole or in part. (b) Copies of the decision adopted by the Commissi on and approved by the Governor shall be filed in the reco rds of the Department of Land Management’s Office of the Regis trar and in the records of the Department of Public Works. Term s and conditions or covenants imposed by the Commission a nd the Governor upon approval of a change of zone shall be covenants that run with the land in perpetuity, whereupon the maintenance of special conditions imposed and compliance with s uch covenants shall be the responsibility of the proper ty owner. The Director of Land Management shall withhold approval of or endorsement for the issuance of any building permit , certificate of occupancy, or license for use of said property for any failure to conform to the terms and conditions of the change o f zone as set by the Commission and the Governor.

uilding permit , certificate of occupancy, or license for use of said property for any failure to conform to the terms and conditions of the change o f zone as set by the Commission and the Governor. SOURCE: GC § 17604. Subsection (b) added by P.L. 36-007:4 (Mar. 5, 2021). 2021 NOTE: This provision was originally named 'Decision by Commission' and was renamed by P.L. 36-007:4 (Mar. 5, 2021). § 61635. Planned Development Districts. (a) A PD District enables the unified development o f a substantial land area with such combination of uses as shall be appropriate to an integrated plan for the area. The procedure for establishing a PD District is the same as that for the rezoning of an area, providing that a detailed plan be submitte d to and discussed with the Territorial Land Use Commission. The application shall be accompanied by the appropriate fee and the detailed plan, or revision thereof. (b) The Territorial Land Use Commission may approve the detailed plan and rezoning, following the required hearing, upon findings that the plan, considering structures, use s, access, regulations and layout fixed in it, comprises: (1) An area of sufficient acreage to constitute a l arge

owing the required hearing, upon findings that the plan, considering structures, use s, access, regulations and layout fixed in it, comprises: (1) An area of sufficient acreage to constitute a l arge planning unit having special attributes for integra ted development; COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 102 (2) An appropriate development of the area from the viewpoints of its natural features, location and su itability for particular uses; (3) A combination of structures and uses which are in reasonable association and proportion to make a har monious unit and likely to continue compatibly with one ano ther; (4) All structures, including accessory structures, shall not cover more than thirty percent (30%) of the are a; (5) A project adequately serviced by the necessary public services, existing or proposed; (6) A project consistent with an appropriate development of adjacent areas and not unreasonably detrimental to the existing structures and uses in such areas; and (7) An appropriate evolution of the comprehensive p lan for that portion of the territory. (8) All impermeable surfaces considered as a struct ure constituting gardens, sidewalks, fences, barrier wa lls,

An appropriate evolution of the comprehensive p lan for that portion of the territory. (8) All impermeable surfaces considered as a struct ure constituting gardens, sidewalks, fences, barrier wa lls, retaining walls, open air recreational facilities e xposed to sunlight, swimming pools, and all subterranean stru ctures located beneath grade and covered by earth shall be considered as an open area. (c) In approving a detailed development plan, the T erritorial Land Use Commission may impose such regulations of yards, open space, lot coverage, density, and height as ar e reasonably required to permit the foregoing findings. SOURCE: GC § 17605. Subsection (h) added by P.L. 27-024:9 (7/18/2003). 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. § 61636. Change of Zoning Map. Any changes of zones or approval of comprehensive community plan pursuant to this Chapter shall be en dorsed and delineated upon the Zoning Map and shall constitute an amendment of said map. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 103 SOURCE: GC § 17606. § 61637. Agricultural Impact Statement.

sed and delineated upon the Zoning Map and shall constitute an amendment of said map. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 103 SOURCE: GC § 17606. § 61637. Agricultural Impact Statement. No additional land may be established as a rural zo ne and no land presently zoned A may be rezoned without the C ommission first having considered an agricultural impact stat ement which shall be submitted by the Director of the Departmen t of Agriculture. This statement shall provide a detaile d statement of: (a) The agricultural impact of the proposed rezonin g upon the agricultural components of the Guam Master Plan. (b) Any adverse conservation or agricultural effect s which cannot be avoided should the rezoning be appr oved. (c) The Director’s opinion whether said rezoning sh ould be approved and reasons therefor. SOURCE: GC § 17607 enacted by P.L. 12-208 (Jan. 23, 1970). § 61638. Review by Municipal Planning Council. (a) The Municipal Planning Council of each municipa l district to be affected by a proposed zone change s hall within forty (40) days from the date of a public hearing held th ereon by such Council express its support or opposition thereon b y resolution adopted by

be affected by a proposed zone change s hall within forty (40) days from the date of a public hearing held th ereon by such Council express its support or opposition thereon b y resolution adopted by the majority of its members. Such resolu tion shall be forwarded to I Maga’låhi (the Governor) for his consideration thereof pursuant to § 61634 within twenty (20) days from the date of its adoption. (b) For each proposed zone change involving land in Guam, the relevant Municipal Planning Council of Guam’s r espective villages shall conduct a minimum of two (2) separat e public meetings, pursuant to the requirements of Chapter 8 , Division 1, Title 5, Guam Code Annotated. SOURCE: Added by P.L. 20-217:5 (Aug. 22, 1990), and amended by P.L. 33-129:4 (Mar. 4, 2016). 2016 NOTE: Subsection designations added by the Compiler pur suant to authority granted by 1 GCA § 1606. § 61639. Summary Procedure for Agricultural and Sin gle Family Residential Rezoning. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 104 The Department of Land Management (the Department) is directed to set up a procedure whereby landowners o f agriculturally- or single family residentially-zone d properties in Guam can

ZONING LAW 104 The Department of Land Management (the Department) is directed to set up a procedure whereby landowners o f agriculturally- or single family residentially-zone d properties in Guam can expeditiously apply for rezoning of their parcels. Owners of agriculturally-zoned property may apply t o rezone their property as either Single Family Residential (R-1) or Multi- Family Residential (R-2); owners of single-family r esidentially- zoned property may apply to rezone their property t o Multi- Family Residential (R-2). Such procedure shall be i ncorporated into rules and regulations to be promulgated by the Director of Land Management pursuant to the Administrative Adju dication Law, which rules shall include provisions as to lot size and required infra structure and shall include the foll owing steps: (a) The submission of a completed application to th e Director of Land Management who shall render a deci sion thereon within sixty (60) calendar days; provided, that: (1) The Division of Planning, Department of Land Management, provides a written report whether there is adequate infrastructure to accommodate the zone change.

xty (60) calendar days; provided, that: (1) The Division of Planning, Department of Land Management, provides a written report whether there is adequate infrastructure to accommodate the zone change. The Public Utility Agency of Guam, the Guam Power Authority, the Guam Environmental Protection Agency and the Department of Public Works are directed to provide such information without delay as the Department of Land Management ('DLM') may require to complete the written re port. Answers by such agencies to such requests must be provided to DLM n ot later than ten (10) working days from the date such request is made. If such requests are not answered within such period, DLM may proceed with its report with the assumption that the agency not answering t he request has no objection to the rezoning. (2) The applicant meets all other requirements established by DLM. This shall include the provisio n of a rough sketch of the development which the applica nt intends to undertake on the land involved. The submission of a comprehensive development plan shal l not be necessary until such time as the actual deve loper applies for the required permits. COL9/7/202121 GCA REAL PROPERTY CH.

and involved. The submission of a comprehensive development plan shal l not be necessary until such time as the actual deve loper applies for the required permits. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 105 (3) If, in the opinion of the Director of DLM, the rezoning requested is of such a nature that there i s a need for a public hearing and/or notification to all lan downers within a five hundred foot (500') radius of the par cel to be rezoned, DLM shall be responsible for determinin g the landowners to be notified, and shall bear all c osts of public notification and the service of notification to the owners of all parcels within said five hundred foot (500') radius. (4) The Director of DLM shall determine any additional funding or personnel required for the mo st efficient and economical accomplishment of the provisions contained herein and shall submit a requ est for such funding to the Legislature within thirty ( 30) days of the enactment hereof. (b) Upon receipt of the completed application, the Director shall immediately transmit copies of the s ame to all the member departments and agencies constituting th e Development Review Committee, which departments and

the completed application, the Director shall immediately transmit copies of the s ame to all the member departments and agencies constituting th e Development Review Committee, which departments and agencies shall expeditiously make recommendations o n the change request. Failure of any member department or agency to reply within forty-five (45) days of receipt of the application shall constitute concurrence with the r equested change. The Director shall then approve or disappro ve the application, and submit the same to the Legislature with his reasons for approval or disapproval, within sixty ( 60) days of its submission to him. (c) If the application has been approved by the Dir ector, the property the subject of the application shall b e rezoned to either Single Family Residential (R-1) or Multi-Fam ily Residential (R-2) as the case may be, unless within forty-five (45) days of its submission to the Legislature, the Legislature, by statute, amends or rejects the same. If the appl ication has been disapproved by the Director, the property the subject of the application shall not be rezoned unless within forty-five (45) days of its submission to the Legislature, the

If the appl ication has been disapproved by the Director, the property the subject of the application shall not be rezoned unless within forty-five (45) days of its submission to the Legislature, the Legislature, by statute,. overrules the Director and approves th e change of zone. COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 106 SOURCE: Added by P.L. 21-082:4 (Jan. 25, 1992). Subsection (a) amended by P.L. 21-144:8(b) (Dec. 29, 1992). § 61640. [Untitled]. For any property rezoned to M1 within two (2) years of also applying for a conditional use for workforce housin g, the property shall revert to the zone prior to the granting of t he M1 zone when the approval for workforce housing expires, or a ne w application for continued M1 zone must be filed. SOURCE: Added by P.L. 31-072:3 (May 25, 2011). ---------- SUBARTICLE 4 RECORDING --SUBMISSION TO THE LEGISLATURE § 61645. Recording. § 61646. Inspection. § 61647. Submission to the Legislature. § 61648. Failure to Submit. § 61645. Recording. Upon the approval of any zoning map or amendment th ereto, a copy of the same together with any terms and cond itions of said approval shall be recorded in the Department of Lan d Management’s

rding. Upon the approval of any zoning map or amendment th ereto, a copy of the same together with any terms and cond itions of said approval shall be recorded in the Department of Lan d Management’s Office of the Registrar. SOURCE: GC § 17625. Amended by P.L. 36-007:5 (Mar. 5, 2021 ). § 61646. Inspection. Any Zoning Map or amendment thereto recorded pursua nt to this Subarticle shall be open to public inspection during normal government business hours. SOURCE: GC § 17626. § 61647. Submission to the Legislature. The Zoning Map or any amendments thereto adopted by the Commission and approved by the Governor shall be su bmitted to the next portion of the next regular session of the Legislature convening after the said approval. The Zoning Map o r any COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 107 amendments thereto shall remain in effect unless am ended or repealed by statute. SOURCE: GC § 17627. § 61648 Failure to Submit. The Zoning Map or any amendments thereto not submit ted to the Legislature in accordance with this Subartic le shall become automatically inoperative and void at midnight of t he last day of the session to which it should have been submitted.

t submit ted to the Legislature in accordance with this Subartic le shall become automatically inoperative and void at midnight of t he last day of the session to which it should have been submitted. SOURCE: GC § 17628. ---------- SUBARTICLE 5 FEES § 61660. Filing Fees. § 61660. Filing Fees. (a) Applications for services. Before accepting an y application for the following, the Commission shall charge and collect the following filing fees for the first fiv e (5) pages thereof and Twenty-five Cents ($.25) for every additional p age: TYPE OF APPLICATION A MOUNT (1) Appeals $50.00 (2) Conditional Use Permit $50.00 (3) Zone Change $50.00 (4) Zone Variance (Use, Sign, Density, Height, Parking) $75.00 (5) Zone Variance – Setback $75.00 COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 108 (6) Subdivision Variance $50.00 (7) Tentative Development Plans $50.00 SERVICES BY THE GUAM LAND USE COMMISSION : (8) Summary Zone Change $25.00 (9) Split Zone Change $25.00 (10) Zone Variance – Setback Non-Conforming $75.00 (11) Certification of Zoning $10.00 (12) Request for Documents $ 2.00 All money received pursuant to this Subsection (a) shall be deposited in the Department of Land Management

Non-Conforming $75.00 (11) Certification of Zoning $10.00 (12) Request for Documents $ 2.00 All money received pursuant to this Subsection (a) shall be deposited in the Department of Land Management Land Survey Revolving Fund (LSRF). (b) Fees. The following fee schedule is establishe d for advertisement of public hearings, GLUC hearings and hearings on HPR Final and Preliminary Public Reports. (1) Public Hearing (Ad size 2' x 2' = 4 (x): the c urrent rate charged by a newspaper of general circulation. (2) GLUC Hearing (Ad size 2' x 2' = 4 (x): the cur rent rate charged by a newspaper of general circulation. (3) HPR Final and Preliminary Public Report Hearing (Ad size 2' x 2' = 4 (x): the current rate charged by a newspaper of general circulation. The Commission shall collect the fees established b y this Section from the applicant and remit the same to the newspa per in question after publication. SOURCE: GC § 17650 as amended by P.L. 10-156 (July 3, 1970) . Repealed and reenacted by P.L. 27-091:4 (May 6, 200 4) and P.L. 29- 002:V:III:8 (May 18, 2007). COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 109 ---------- SUBARTICLE 6 PENALTY FOR VIOLATION § 61670. Penalty. § 61670.

by P.L. 27-091:4 (May 6, 200 4) and P.L. 29- 002:V:III:8 (May 18, 2007). COL9/7/202121 GCA REAL PROPERTY CH. 61 ZONING LAW 109 ---------- SUBARTICLE 6 PENALTY FOR VIOLATION § 61670. Penalty. § 61670. Penalty. Any person, firm, corporation or officer thereof, v iolating any of the provisions of this Chapter shall be guil ty of a petty misdemeanor. 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 pun ishable as herein provided. SOURCE: GC § 17700 as amended by P.L. 13-187:25. ---------- COL9/7/2021