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 Table of Contents
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Title: Virgin Islands development law
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Title: Virgin Islands development law
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Language: English
Creator: Department of Planning and Natural Resources
Publisher: Department of Planning and Natural Resources
Place of Publication: St. Croix, USVI
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Volume ID: VID00001
Source Institution: University of the Virgin Islands
Holding Location: University of the Virgin Islands
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Table of Contents
    Table of Contents
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    Title and general provisions
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    Permits, administration and appeals
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    Environmental performance standards
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    Other performance standards
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    Effective date
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    Sections 2-9
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Full Text





CLWUP 2a
(CZM #1)
TABLE OF CONTENTS


SECTION 1. Establishment of the Virgin Islands Development Law


SUBCHAPTER I.
Section 221.
Section 222.
Section 223.
Section 224.
Section 225.
Section 226.
Section 227.

Section 228.

SUBCHAPTER II.

Section 229.
Section 230.

Section 231.
Section 232.
Section 233.
Section 234.
Section 235.
Section 236.
Section 237.
Section 238.
Section 239.
Section 240.
Section 241.
Section 242.

SUBCHAPTER III.
Section 243.
Section 244.
Section 245.

Section 246.
Section 247.
Section 248.
Section 249.
Section 250.


Title and General Provisions
Title ................... ... ... ........ .................. ............. 1
Legislative Findings, Goals, Objective and Intent......................... 1
L and U se P policies ...................................... .... .. ... .... ............ 4
Purpose and Scope .......................... ...... ............... ............. 4
Establishment of Zoning Districts .............. ................................ 6
Establishment of Zoning M aps....................... ..... .............. 6
Construction and Interpretation of Language and
D efinitions................................................. 7
Zoning Administration ...................... ...............61

Tables of Permitted Uses and Dimensional and Density
Requirements
U se Provisions ............. ...... ................ .. ..... ......... 68
Interpretation of Dimensional and Density
R equirem ents T ables................................................ ... ................. 68
Intensity District A: Agriculture ............................................... 69
Intensity District 1: Conservation...............................................73
Intensity District 2: Low Intensity ......................... ............ 76
Intensity District 3: Moderate Intensity ........... ............... 81
Intensity District 4: High Intensity ........................................... 87
Intensity D district 5: U rban ................................. ................ 93
Intensity D district 6: Industrial ..................... .................. .......... 99
Intensity District 1W: Waterfront/Conservation...................... 103
Intensity District 2W: Waterfront Low Density .......................104
Intensity District 3W: Waterfront Moderate Density ...............105
Intensity District 4W: Waterfront High Density..........................106
Intensity District 6W: Waterfront Industrial .............................108

Permits, Administration and Appeals
Coastal Zone Management Commission .............. ................. 11
R regulations ....................................... ............. ....... ......... 113
Areas of Particular Concern and Areas for Preservation and
R restoration ................. .. .................................. ...... .......... .....114
Development Permit Requirements .........................................115
Major Project Review Procedures ..................................19
Impact on the Public Trustlands ..................................121
Environmental Assessment and Impact Studies ........................124
Minor Permit Procedures ..... ............ ...............125









Section 251.

Section 252.
Section 253.
Section 254.
Section 255.

SUBCHAPTER IV.
Section 256.
Section 257.
Section 258.
Section 259.
Section 260.
Section 261.
Section 262.

SUBCHAPTER V.
Section 263.
Section 264.
Section 265.
Section 266.
Section 267.
Section 268.
Section 269.
Section 270.
Section 271.
Section 272.
Section 273.
Section 274.
Section 275.
Section 276.

SUBCHAPTER VI.
Section 277.
Section 278
Section 279
Section 280
Section 281
Section 282
Section 283
Section 284
Section 285
Section 286
Section 287


Criteria for Approval of Applications and Issuance of
P erm its ....................... .... .......................... ............ 125
Coordination with Other Permit Requirements .........................129
Finality of D ecision.................................. ........................ 129
Certificate of Occupancy .............................. ...............130
The Natural Resources Reclamation Fund ...............................130

Environmental Performance Standards
Purpose and Intent ............... ............... ...............130
Mangrove Ecosystem Protection Standards............................131
B each Protection Standards ............................... ............... .131
Salt Pond Protection Standards...................................................132
Off-Shore Cay Protection Standards..............................132
W wetlands Protection Standards ...................................................132
R regulations ................... ......................... ............. . 133

Other Performance Standards
Residential Performance Standards .................................. 133
Supplemental Standards for Special Residential Uses...............135
Supplemental Standards for Home Occupations .......................136
M obile and M manufactured Housing ............................................137
Planned Residential Developm ent ..............................................139
Cluster Residential Developm ent ............................................. 145
Nonresidential Performance Standards ............. ............... 148
Off-Street Parking and Loading Standards..............................152
Recreational and Open Space Standards................ ......... 162
Sign Standards ................ ............. .......... .... .............. 164
Waterfront Intensity District Performance Standards................80
Subdivision of L and ............................. .................................. 184
Supplem ental Standards.................................... ............... 186
A additional R regulations ..................................... ............... ..190

Antiquities and Cultural Properties
State Historic Preservation Officer..................................190
Permits; Rules and Regulations .................................. 191
Rights of the Government of the United States Virgin Islands... 192
Excavation...................... ................ 193
Responsibility of government agencies........... ............... 193
Temporary classification pending investigation...................194
Notification and permit requirements on private land............94
Procedures upon discovery of human burial sites............... 195
Confidentiality of site location ................. .................. 196
Special permit required for excavation on private land............96
Archaeological Preservation Fund.................................197










SUBCHAPTER VI. Administrative Provisions
Section 288. Enforcem ent and Penalties.........................................................197
Section 289. Administrative Review of Enforcement Actions.........................201
Section 290. Board of Land Use Appeals............... ............... ..................203
Section 291. Board Review of Permit Decisions............................................205
Section 292. Judicial Review Writ of Review............................. .............208
Section 293. A m endm ents ........................................ .......................... 208
Section 294. Public H earings................................................. ............... 212
Section 295. Biennial R eview ...................................... ......................... 213
Section 296. Continued Planning................................ ........................ 213
Section 297. Public Hearing by Legislature ..................................... ........ 213

SUBCHAPTER VII. Effective Date

SECTION 2. Repeal of the Virgin Islands Zoning and Subdivision Laws

SECTION 3. Transfer of Coastal Zone Management Act of 1978

SECTION 4. Repeal of Earth Change Law

SECTION 5. Repeal of Regulation of Billboard

SECTION 6. Repeal of Antiquities and Cultural Properties Act

SECTION 7. Repeal Clause

SECTION 8. Severability

SECTION 9. Inclusion of Law









VIRGIN ISLANDS DEVELOPMENT LAW


SECTION 1. Establishment of the Virgin Islands Development Law

Title 29 V.I.C. is hereby amended to add a new chapter 3 to be entitled "The Virgin Islands
Development Law" (VIDL) and to renumber the remaining sections accordingly.

SUBCHAPTER I. Title and General Provisions

Section 221. Title

This chapter and the regulations issued pursuant to the authority hereinafter granted by this
chapter shall be known and referred to as the Virgin Islands Development Law.

Section 222. Legislative Findings, Goals, Objective and Intent

(a) Findings

The Legislature hereby finds and declares that:

(1) the coastal zone, constitutes a distinct and valuable natural resource of vital
importance to the people and economy of the Virgin Islands;

(2) the protection of the natural and scenic resources of the coastal zone is of vital
concern to present and future residents of the Virgin Islands;

(3) title to certain submerged and filled lands surrounding the Virgin Islands has been
conveyed in trust to and is held in trust by the Government of the Virgin Islands
for the benefit of the people of the Virgin Islands;

(4) the shorelines and trustlands of the Territory provide a constant source of food
and recreation to, and enhance all aspects of the lives of the people of the Virgin
Islands, and the public has made frequent, uninterrupted and unobstructed use of
the shorelines and trustlands throughout Danish and American sovereignty;

(5) the impacts of development on the trustlands of the Virgin Islands is of paramount
importance to the people of the Virgin Islands;

(6) the preservation of the ecological balance of the coastal zone and the prevention
of its deterioration and destruction is vital to the promotion of public safety,
health and welfare, and to the protection of public and private property, wildlife,
ocean resources and the natural environment;

(7) improper development of the coastal zone and its resources has resulted in land
use conflicts, erosion, sediment deposition, increased flooding, gut and drainage
fillings, decline in productivity of the marine environment, point and non-point









source pollution and other adverse environmental effects in and to the lands and
waters of the coastal zone, and has adversely affected the beneficial uses of the
shorelines and trustlands by the people of the Virgin Islands;

(8) the present system of regulatory controls in the Virgin Islands affecting the
coastal zone consists of fragmented laws and regulations which, when taken
together, do not constitute a comprehensive or adequate response to the needs of
the people of the Virgin Islands to protect and to effect the best use of, the
resources of the coastal zone;

(9) a two-tier system of development regulation does not provide an effective means
of managing the impacts on the integrated ecological units of the Virgin Islands
coastal zone;

(10) there exists no comprehensive program for the overall management, conservation
and development of the resources of the coastal zone, for the prevention of
encroachment on natural areas in the coastal zone by urbanized developments and
for the avoidance of irreversible commitments of coastal zone resources that
provide short-term benefits at the cost of adverse effects on the long-term
productivity and amenity of the coastal zone environment; and

(11) an integral component of the Comprehensive Plan mandated by 3 VIC 402 (c) is a
Comprehensive Land and Water Use Plan along with its implementation
mechanisms.

(b) Goals

The Legislature hereby determines that the basic goals of this law are to:

(1) protect, maintain, preserve, enhance and restore, the overall quality of the
environment in the coastal zone, the natural and man-made resources
therein, and the scenic and historic resources of the coastal zone for the
benefit of residents of and visitors to the Virgin Islands;

(2) promote economic development and growth in the coastal zone while
managing:

(A) the impacts of human activity, and

(B) the use and development of renewable and nonrenewable resources
so as to maintain and enhance the long-term productivity of the
coastal environment;

(3) assure priority for water-dependent and water-related development and
uses over other types of development and uses along the Territory's
shorelines by reserving areas suitable for industrial marine facilities,









commercial marine facilities and recreation;


(4) assure the orderly, balanced utilization and conservation of the resources
of the coastal zone, taking into account the social and economic needs of
the residents of the Virgin Islands;

(5) preserve, protect and maintain the trustlands and other submerged and
filled lands of the Virgin Islands so as to promote the general welfare of
the people of the Virgin Islands;

(6) preserve what has been a tradition and protect what has become a right of
the public by ensuring that the public, individually and collectively, has
and shall continue to have the right to use and enjoy the shorelines and to
maximize public access to and along the shorelines consistent with
constitutionally protected rights of private property owners;

(7) promote and provide affordable and diverse public recreational
opportunities in the coastal zone for all residents of the Virgin Islands
through acquisition, development and restoration of areas consistent with
sound resource conservation principles;

(8) conserve ecologically significant resource areas for their contribution to
marine productivity and value as wildlife habitats, and preserve the
function and integrity of reefs, marine meadows, salt ponds, mangroves,
and other significant natural areas;

(9) maintain or increase coastal water quality through control of erosion,
sedimentation, runoff, siltation and sewage discharge;

(10) consolidate the existing regulatory controls applicable to uses of land and
water in the coastal zone into a single unified process consistent with the
provisions of this chapter, and coordinate therewith the various regulatory
requirements of the United States Government; and

(11) promote public participation in decisions affecting planning and
development in the United States Virgin Islands.

(c) Objective

The primary objective of the Virgin Islands Development Law is to establish criteria and
standards to properly manage the development of land and water that will achieve the
goals of the Comprehensive Land and Water Use Plan (CLWUP) for the Territory.

(d) Intent

It is the intent of the Legislature of the United States Virgin Islands that the criteria and









standards established by the Virgin Islands Development Law reflect and express a sense
of community value toward the Territory's physical environment, including the
appearance and arrangement of uses for the conducting of business and industry, and the
building of homes and other activities necessary for the Territory's well-being.

Section 223. Land Use Policies

(a) It is further the intent of the Legislature of the United States Virgin Islands to promote
and implement the "Guidelines for the Development of a Long-Range Comprehensive
Plan for the United States Virgin Islands" adopted by Executive Order No. 333-1991 on
May 17, 1991. The goal for land and water use in these guidelines is to: achieveee a
quality living environment through a well-planned mix of compatible land and water
uses, while preserving the integrity of the natural environment." The objectives to attain
this goal are:

(1) establish a system for the effective management and utilization of land resources;

(2) preserve and conserve land resources for economic, social and community uses;

(3) achieve a pattern and intensity of development which best utilizes land resources;
and

(4) achieve, through preservation, conservation and redevelopment practices, an
enhancement of the positive qualities and character of established communities in
the Virgin Islands.

(b) It is further the intent of the Legislature of the United States Virgin Islands that the
Zoning Districts established by this law be implemented in accordance with the CLWUP,
whereby the location of each district has been made with reasonable consideration to the
character of the district and its particular suitability to accommodate new growth and
development.

Section 224. Purpose and Scope

The purpose of this law is to establish standards, procedures and minimum requirements to
achieve the following general intentions and purposes of the Government of the United States
Virgin Islands.

(a) To establish regulatory procedures and standards for review and approval of all proposed
development in the Territory.

(b) To foster and preserve public health, safety, comfort and welfare; and to aid in the
harmonious, orderly, aesthetically pleasing and socially beneficial development of the
Territory, in accordance with the Comprehensive Land and Water Use Plan.

(c) To adopt a development review process that is:










(1) efficient, and fiscally prudent in terms of time and expense;

(2) effective, in terms of addressing the natural resource and public facility impacts of
any proposed development, while also protecting and improving the quality of life
in the Territory;

(3) equitable, in terms of consistency with established regulations and procedures,
respecting the rights of all property owners, and considerate of the interests of the
residents of the Territory;

(4) sustainable, in terms of its ability to maintain the quality of life valued by the
community;

(5) adequate, in terms of its ability to address existing deficiencies in the process; and

(6) politically viable, in terms of its acceptability to policy makers.

(d) To implement the Comprehensive Land and Water Use Plan for the Territory by:

(1) establishing regulations and conditions governing the construction, erection, and
use of buildings and other structures and the use of land and water;

(2) securing safety from natural and/or man-made hazards;

(3) lessening automobile congestion of the streets;

(4) providing for adequate light and air;

(5) preventing the overcrowding of land and water;

(6) avoiding undue concentration of population and facilitating the adequate
provision of transportation, potable water, sanitary sewage disposal, schools,
parks, and other public services of the Territory;

(7) dividing the land and water of the Territory into Zoning Districts, defining certain
terms, designating the uses and intensities thereof that are permitted in the
different districts, and providing lot size and other dimensional and density
requirements;

(8) establishing performance standards that apply to all new development, as well as
the redevelopment of all land and water in the Territory;

(9) expanding the authority of the Coastal Zone Management Commission (CZMC),
including the powers and duties of said Commission;









(10) continuing the Board of Land Use Appeals and redefining its powers, duties, and
appeals procedures;

(11) defining the functions of the Virgin Islands Department of Planning and Natural
Resources with respect to the administration and enforcement of this law; and

(12) providing penalties for violations of this law.

Section 225. Establishment of Zoning Districts

The Territory of the Virgin Islands of the United States, consisting of the islands of St. Thomas,
St. Croix, and St. John, and all of the other islands within the jurisdiction of the Territorial
Government, are hereby divided into seven (7) land-based districts and five (5) water-based
districts (not all of which are necessarily found on each of the islands), as follows:

*Intensity District A -- Agriculture
Intensity District 1 -- Conservation
Intensity District 2 -- Low Intensity
Intensity District 3 -- Moderate Intensity
Intensity District 4 -- High Intensity
Intensity District 5 -- Urban
Intensity District 6 -- Industrial
Intensity District 1W -- Waterfront: Conservation
Intensity District 2W -- Waterfront: Low Intensity
Intensity District 3W -- Waterfront: Moderate Intensity
Intensity District 4W -- Waterfront: High Intensity
Intensity District 6W -- Waterfront: Industrial

There is no Intensity District 5W.

Section 226. Establishment of Zoning Maps

(a) The boundaries and identification of the Zoning Districts established by this law are
shown on the Zoning District Maps, which are filed in the Office of the Lieutenant
Governor, with copies in the offices of the Department of Planning and Natural
Resources. Such maps are hereby declared to be part of this law as fully as if set out
herein.

(b) No building, land, or water shall be used, and no building shall be erected or altered
except in conformity with the standards herein prescribed for the district designated and
identified on the Zoning District Map in which such building, land, or water is located.

(c) The Zoning District Maps shall consist of two (2) identical sets at the time of the
adoption of this law. One (1) copy shall be identified as the "original copy" and shall be
kept in the Office of the Lieutenant Governor. The second copy shall be identified as the
"amendment copy" and shall be kept up-to-date by the Department with all subsequent









amendments and changes in zoning district boundaries and zoning designations by
substituting an amended map for the original map in the "amendment copy". Any law
amending any zoning district map shall be identified by number and date of adoption in
the applicable database and on the maps so amended.

(d) Interpretation of Zoning District Maps

(1) Zoning district boundaries are shown as heavy solid lines on the Zoning District
Maps and may be superimposed on lighter lines designating estate boundaries,
platted lot lines, streets, and other physically identifiable ground features, unless
specific distances in feet or angles, bearings, radii, or other references to a
boundary line located are specified.

(2) Zoning district boundary lines, when located in streets or other public
rights-of-way or guts shall be interpreted as being located in the centerline of such
rights-of-way. When distances expressed as linear footage are shown between a
zoning district and a street, the distance shall be interpreted as being between said
boundary line and the center line of said street, unless otherwise specified.

(3) Boundary lines between zoning districts that are interrupted on the Zoning Map(s)
to show street names or other identification numbers shall be interpreted as
extending through such identification, unless otherwise specified.

(4) When the exact location of a zoning district boundary line is not clear, it shall be
determined by the Commissioner, with due consideration given to the location as
indicated by the scale of the Zoning District Maps. When, for any reason, the
streets or alleys as they actually exist on the ground differ from the depiction of
said streets and alleys as they are shown on the Zoning District Map(s), the
Commissioner may apply the district designations on the Map(s) to the streets on
the ground in such manner as to conform to the intent and purpose of this law.

(5) Where a zoning district boundary line shown on the Zoning District Map(s)
divides a lot of record at the time of the adoption of this law, the standards
applying to the District that allows the higher intensity of land use activity shall
be construed as extending to not more than seventy-five (75) feet beyond the
district boundary line.

Section 227. Construction and Interpretation of Language and Definitions

(a) Rules for Construction and Interpretation of Language

The following rules of construction and interpretation apply to the text of this law.

(1) The particular shall control the general.

(2) In case of any difference of meaning or implication between the text of this law









and any caption, illustration, summary table, or illustrative table, the text shall
control.

(3) The word "shall" is always mandatory and not discretionary. The word "may" is
permissive.

(4) Words used in the present tense shall include the future; and words used in the
singular number shall include the plural, and the plural the singular, unless the
context clearly indicates the contrary.

(5) A "building" or "structure" includes any part thereof.

(6) The phrase "used for" includes "arranged for", "designed for", "constructed for",
"erected for", "maintained for" or "occupied for".

(7) The word "person" includes an individual, a corporation, a partnership, an
incorporated or unincorporated association, or any other similar entity.

(8) Unless the context clearly indicates the contrary, where a regulation involves two
(2) or more items, conditions, provisions, or events connected by the conjunction
"and", "or", or "either/or", the conjunction shall be interpreted as follows:

(A) "and" indicates that all the connected items, conditions, provisions, or
events shall apply;

(B) "or" indicates that the connected items, conditions, provisions, or events
may apply singly or in any combination; and

(C) "either/or" indicates that the connected items, conditions, provisions, or
events shall apply singly but not in combination.

(9) The word "includes" shall not limit a term to the specified examples, but is
intended to extend its meaning to all other instances or circumstances of like kind
or character.

(10) Any meanings or interpretations of words or terms defined in V.I.C. Title 29,
sections 221-298, shall be construed to have the meanings and definitions defined
in this section. This legislative intent applies to any conflict involving statutory
law, administrative rules or regulations published by the territory of the U.S.V.I.

(b) Definitions

The following terms or words shall be used in the application, implementation,
use, enforcement, and judicial interpretation of V.I.C. Title 29, sections 221-298,
United States Virgin Islands Development Law.









1) Abandonment: To cease or discontinue a use or activity without intent to
resume, but excluding temporary or short term interruptions to a use or activity
during periods of remodeling, maintaining, or otherwise improving or
rearranging a facility, or during normal periods of vacation or seasonal closure.

2) Abutting: Having a common border with or being separated from such common
border by an alley or easement.

3) Access: A way or means of approach to provide vehicular or pedestrian physical
entrance to a property or a body of water.

4) Accessory Building or Use: A building or use which: (1) is subordinate to and
serves a principal building or principal use; (2) is subordinate in area, extent, or
purpose to the principal building or principal use served; (3) contributes to the
comfort, convenience, or necessity of occupants of the principal building or
principal use; and (4) is located on the same zoning lot as the principal building
or principal use. Accessory buildings include but are not limited to an automobile
storage garage, laundry room, garden shelter, hobby room and mechanical room.

5) Accessory Structure: (See Structure, Accessory)

6) Acre, Gross: A tract of land consisting of forty-three thousand, five hundred
sixty (43,560) square feet. As it relates to density, it is the quotient of the total
number of dwelling units divided by the overall size of a site in acres.

7) Action: A vote by a quorum of Committee members, Commission members, or
members of the Board of Land Use Appeals upon a motion, proposal, resolution
or order, whether or not resulting in a collective decision or determination by a
majority of those voting members present. "Action" also means a decision by the
Commissioner when exercising his authority under this law.

8) Addition: (to an existing building): Any construction that increases the size of a
building such as a porch, attached garage or carport, or a new room or wing.

9) Adjacent: That which lies near or close to, not widely separated or necessarily
touching.

10) Adjoining: That which is joined or united, and actually touching.

11) Administrative Hearing: An oral proceeding before a hearing officer consisting
of argument, trial or both.

12) Agency: Any department, agency, authority, commission or instrumentality of the
Government of the Virgin Islands.

13) Aggrieved Person: Any person, including the applicant, who, in connection with









any decision or action of the Committee or Commissioner, either appears in
person or through representatives at a public hearing of the Committee on said
application, or prior to said decision or action informs the Committee or
Commissioner in writing of the nature of his concern, or who for good cause is
unable to do any of the foregoing, or who is a property owner within five
hundred (500) feet of a proposed major development or two hundred fifty (250)
feet of a proposed minor development.

14) Agricultural Structure: A facility designed primarily for the storage of
agricultural products, plants, animals, feed or other agricultural products or
components.

15) Agriculture or Agricultural Use: The production, keeping, or maintenance, for
sale, lease, or personal use, of plants or animals useful to man, including but not
limited to: forages and sod crops; grains and seed crops; dairy animals and dairy
products, poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules, or goats or any mutations or hybrids thereof,
including the breeding and grazing of any or all of animals; bees and apiary
products; trees and forest products; fruits of all kinds, including bananas, nuts,
and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or
lands devoted to a soil conservation or forestry management program.

16) Airport: Any area of land or water designed and set aside for the landing and
take-off of aircraft, including all necessary facilities for the housing and
maintenance of aircraft.

17) Alley: A generally narrow vehicular or pedestrian right-of-way, affording a
secondary means of access to abutting or adjacent property, but not intended for
general traffic circulation.

18) Alterations: Any change, addition, or modification of type of occupancy; any
change in the structural members of a building such as walls, partitions, columns,
beams, girders; or any change which may be referred to herein as "altered" or
"reconstructed".

19) Amusement Park: A facility, primarily outdoors, that may include various
devices for entertainment, including rides, booths for the conduct of games or
sales of items, buildings for shows and entertainment, restaurants and souvenir
sales. The term Amusement Park shall in no way be construed to include
video/game arcades.

20) Anchor Store/Tenant: The largest retail establishment or major tenant within a
shopping center, which draws customers, and thereby generates business for
surrounding stores or tenants.

21) Anchoring: The temporary securing of a vessel to the bottom of a water body









solely by the resistance of an anchor or anchors which are dropped from the
vessel, and which are carried aboard as regular equipment when underway.

22) Annex: To add on, append, or attach one building to another or one piece of
property to another.

23) Anti-Transpirant: A protective coating, generally applied to plant materials
prior to or immediately after transplanting, that reduces water loss through the
leaf surface.

24) Apartment House: A building containing three or more dwelling units, each
with one or more rooms with private bath and kitchen facilities comprising an
independent, self-contained dwelling unit.

25) Appeal: A written request for a review of any decision, determination or
interpretation of any provision of this law or any regulations promulgated
thereunder by the Commission or any of its Committees, the Commissioner, or
the Board of Land Use Appeals.

26) Applicant: Any person who has a valid, existing legal interest and, on his own
behalf or through an authorized agent or representative, submits an application
for development.

27) Aquaculture: The regulation and cultivation of water plants and animals for
human use or consumption.

28) Aquifer: A formation on, group of formations, or part of a formation that
contains sufficient saturated permeable material to yield economical quantities of
water to wells and springs.

29) Aquifer Recharge Area: A body of permeable materials that collects
precipitation or surface water and transmits it to the aquifer.

30) Arcade:

Game/Video: Any establishment, room, place, or business location in which
there are available to the public more than three (3) coin or token operated
amusement devices or where a fee is charged for the operation of such devices.

Structural: A permanently covered continuous area or passageway at ground
level, open to a street, plaza, open space, or building, which is accessible and
open to the public.

31) Archaeological site: A location wherein exists material evidence of past human
life and culture that is older than fifty (50) years, including burials of human
beings.










32) Archaeological specimen: Any item, relic, remain, object artifact or other
evidence of prehistoric, historic or cultural, archaeological or anthropological
nature that has scientific, historic or cultural value as an object of antiquity.

33) Architecturally Integrated Development: A group of buildings or structures,
including the site and landscape development that produces a distinctive
character.

34) Area, Buildable: (See Buildable Area)

35) Area, Minimum Building: Total of all roofed or undercover area of the principal
building.

36) Areas of Particular Concern (APC): Areas recommended by the Coastal Zone
Management Commission and approved by the Legislature that require special
and more detailed planning analyses, and the preparation of special plans and
implementation mechanisms, and as delineated in the Coastal Zone Management
Program of the U.S. Virgin Islands.

37) Areas of Potential Effects: The geographic area or areas within which an
undertaking may cause changes in the character or use of an identified historic
property.

38) Areas of Preservation and Restoration (APR): Areas recommended by the
Coastal Zone Management Commission and approved by the Legislature for
which specific procedures are established to preserve or restore their
conservation, recreation, ecological or aesthetic values.

39) Area of Shallow Flooding: A designated "AO" or "AH" Zone on the Territory's
Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three
(3) feet, where a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate, and where velocity flow may be
evident.

40) Area of Special Flood Hazard: The land in the floodplain subject to a one
percent (1%) or greater chance of flooding in any given year.

41) Arterial Road: A principal or minor vehicular right-of-way, which connects
urban areas and major traffic generators to collector roads and provides for the
highest level of travel mobility.

42) Arterial, Major: A highway designed to carry heavy volumes of traffic to minor
arterial and collector road routes within the highway traffic system (e.g. Veterans
Drive on St. Thomas and Melvin Evans Highway on St. Croix).









43) Arterial, Minor: A highway designed to carry moderate volumes of traffic
between collector road and major arterial routes within the highway traffic
system (e.g. Julian Jackson Highway on St. Thomas and Queen Mary Highway
(Centerline Road) on St. Croix).

44) Assessment: An estimation or determination of the significance, importance, or
value of land, buildings, or a proposed development activity.

45) Automobile Laundry (Car Wash): A building, or portion thereof, containing
facilities for washing automobiles utilizing mechanical devices.

46) Automobile Service Station: A building or structure designed or used for the
retail sale or supply of fuels (stored only as prescribed by existing legal
regulations), lubricants, air, water and other operating commodities for motor
vehicles or boats; and which may include space and facilities for the installation
of such commodities on or in such vehicles, and space or facilities for the
maintenance or servicing of motor vehicles or boats. This term does not refer to
establishments where the primary use of the premises is for body repair, painting,
refinishing, steam cleaning and rust proofing, or high speed washing of motor
vehicles or boats.

47) Automotive Repair Shop:

Minor Repair: A retail sales and service establishment that shall include
only those repairs able to be effected within one working day, such as
brake repair, engine tune-ups, oil changes, lubrications, front end
alignments, and the like. No outdoor sales, repair or service work shall be
allowed. Repair services of a major nature, including but not limited to
engine or transmission overhauls or bodywork shall not be included within
this definition. Outdoor storage or display of vehicles, parts, equipment, or
tires shall not be included within this definition. The service or repair of
trucks or other similar vehicles which exceed a one-ton rated capacity
shall be prohibited. No body-damaged vehicle or vehicle components
exposed to view from a public roadway shall be permitted.

Major Repair: A retail sales and service establishment that provides for
the painting, repainting, or retouching and/or major mechanical repairs
and adjustments of motor vehicles such as engine overhauls, transmission
overhauls, and the like which usually require more than one (1) working
day for service. No outdoor sales, repair or service work shall be allowed.
Outdoor storage or display of vehicles, parts, equipment, or tires shall be
prohibited. No body-damaged vehicle or vehicle components exposed to
view from a public roadway shall be permitted.

Paint or Body Shop: A building or other structure used for painting,
repainting, or retouching, and/or major non-mechanical repairs and









adjustments of motor vehicles.


48) Auto Wrecking: The collecting and dismantling or wrecking of used motor
vehicles or trailers, or the storing, selling, or dumping of dismantled, partially
dismantled, obsolete, or wrecked motor vehicles or their parts.

49) Awning: Any roof-like structure cantilevered, or otherwise entirely supported
from a building for the purpose of decoration or shielding a doorway or window
from the elements.

50) Bakery: An establishment engaged primarily in the retail sale directly to the
consumer of products such as breads, cakes, pies, pastries, etc., which are baked
or produced and sold on premises.

51) Bar and/or Rum Shop: Any premises wherein alcoholic beverages are sold at
retail for consumption on the premises, and minors are excluded therefrom by
law. It shall not mean premises wherein such beverages are sold in conjunction
with the sale of food for consumption on the premises and the sale of said
beverages comprises less than twenty-five percent (25%) of the gross receipts.

52) Base Flood: The flood having a one percent (1%) chance of being equaled or
exceeded in any given year, the one hundred-year flood.

53) Base Flood Elevation: The height above mean sea level expected to be reached
by the one hundred-year flood.

54) Beach: An area of sand, gravel, pebbles, coral rubble or similar unconsolidated
material that extends from the line of low tide, landward to where there is a
clearly defined change from the unconsolidated material to consolidated material.

55) Bed and Breakfast Inn: A dwelling, or portion thereof, where overnight lodging
rooms and a morning meal are provided. The operator of the inn shall live on the
premises or on an adjoining lot.

56) Bedroom: A room other than a kitchen, dining room, living room, bathroom, or
closet, which is marketed, designed, or otherwise likely to function primarily for
sleeping.

57) Billboard: A surface whereon advertising matter is set in view conspicuously
and which advertising does not apply to premises or any use of premises wherein
it is displayed or posted.

58) Block: The property abutting one side of a street and lying between the two (2)
nearest intersecting streets, or between the nearest such street and unsubdivided
acreage, watercourse or body of water; or between any of the foregoing and any
other barrier to the continuity of development.










59) Board: The Board of Land Use Appeals


60) Boarding House: A building where lodging or lodging and meals are provided
for compensation. The operator of the boarding house shall live on the premises
or on an adjoining lot.

61) Breakwater: A structure of rock, concrete, or other material, either fixed or
floating, designed to protect beaches, property, and harbor areas from wave
action.

62) Breezeway: A roofed, open-sided passageway connecting two (2) separate
structures, or two (2) separate portions of the same structure, or another building.

63) Buffer, Perimeter Landscape: A continuous area of land, required to be set
aside along the perimeter of a lot, in which landscaping is used to provide a
transition between uses and/or to reduce the environmental, aesthetic, and other
impacts of one type of land use or activity upon another.

64) Buffer Area: A landscaped area intended to separate and obstruct the view of
two adjacent land uses or properties from one another and limit impacts such as
noise, light, odor and other negative elements.

65) Buildable Area: The space remaining after the minimum open space
requirements of this law have been met.

66) Building: Any structure having a roof, supported by columns or walls and
intended for the shelter, housing, or enclosure of any person, animal, process or
goods.

67) Building, Accessory: (See Accessory Building)

68) Building, Elevated: (See Elevated Building)

69) Building, Nonconforming: (See Nonconforming Building or Use)

70) Building, Principal: A building in which is conducted the principal use of the lot
on which it is situated.

71) Building Front: The exterior wall of a building that faces a front lot line of the
lot, which faces a roadway.

72) Building Height: (See Height of Building)

73) Building Line: A line established, in general, parallel to the front street line
between which and the front street line no part of a building shall project, except









as otherwise provided in this law.


74) Building Permit: The document or certificate issued by the Commissioner which
verifies adherence to all applicable development regulations and gives
permission to the applicant to proceed with the actions for which the permit was
requested.

75) Building Site: A portion or parcel of land considered as a unit, devoted to a
certain use or occupied by a building or group of buildings that are united by a
common interest or use, and the customary accessories and open spaces
belonging to the same.

76) Building Support Structure: Any structure that supports floor, wall or column
loads, and transmits them to the foundation. The term shall include beams, grade
beams, or joists, and includes the lowest horizontal structural member exclusive
of piles, columns, or footings.

77) Bulk: The term used to describe the size of buildings or other structures, and
their relationship to each other and to open areas and lot lines.

78) Bulkhead: A structure of timber, concrete, steel, rock or similar substance
erected parallel to a shoreline for erosion control purposes.

79) Business Service: An establishment primarily engaged in rendering services to
other business establishments on a fee or contract basis, not involving the sale of
any goods or commodities available on the premises, and not dispensing a
personal service. Business service establishments include activities such as real
estate, insurance, accounting or bookkeeping, financial institutions, management
or consulting firms, or other similar uses.

80) Canopy: A rooflike structure made of any material, which projects from the wall
of a building and overhangs a public right-of-way.

81) Capital Improvement: Any new or expanded physical facilities that are
relatively large in size and expensive, and with relative long-term usefulness,
such as schools, highways, public sewer and water systems, parks or the purchase
of land for a public building or use.

82) Capital Improvement Program: A government schedule of permanent
improvements budgeted to match the government's financial resources. The
Capital Improvement Program is usually projected five years in advance and
updated annually.

83) Carrying Capacity: The maximum number of units that can be accommodated
by a facility without reducing the efficiency of that facility. Carrying capacity is
used to measure the ability of a facility to accommodate more units. For









example, the carrying capacity of a roadway is the maximum number of vehicles
that can pass over a given section of a lane in one direction during a given time
period. For recreation areas, the carrying capacity is the number of persons that
can utilize the elements (play equipment, basketball courts, benches, etc.) at any
given point in time.

84) Car Wash: (See Automobile Laundry)

85) Carport: Space for the housing or storage of motor vehicles and enclosed on not
more than two (2) sides by walls.

86) Casino: One or more locations or rooms in which casino gaming is conducted in
accordance with the provisions of Virgin Islands Code, Title Thirty-two, Chapter
21.

87) Casino Simulcasting: The simultaneous transmission by picture of horse races
conducted at race tracks to casinos, and parimutuel wagering at those gambling
establishments on the results of those races.

88) Cay: A small off-shore island.

89) Cellar: A portion of a building having more than one-half (1/2) of its height
below ground level.

90) Cemetery: A place for the burial or interment of the dead.

91) Census of Population and Housing: The official count of the population, its
age, sex, and social and economic characteristics, conducted on a decennial basis
by the Bureau of the Census of the U.S. Department of Commerce.

92) Certificate of Occupancy: The official certification that a premise conforms to
the provisions of this law (and the Building Code) and may be used or occupied.
Such a certificate is granted for new construction or for alteration or additions to
existing structures. Unless such a certificate is issued, a structure or portion
thereof cannot be occupied.

93) Channel, Drainage: A large natural or constructed waterway, ordinarily lined to
speed, control, and conduct the flow of stormwater runoff (not to be confused
with a sea or bay channel).

94) Church/House of Worship: A building or structure wherein persons regularly
assemble for religious worship, is specifically designed and used for such
purpose, and is maintained and controlled by a religious body organized to
sustain public worship.

95) Cistern: A facility used to store water. Although it is not considered a structure,









for purposes of this law, the overflow invert shall be at or above the base flood
elevation.

96) Clinic: An establishment where patients who are not lodged overnight are
admitted for examination and treatment by one (1) person or group of persons
licensed as a physician, dentist, chiropractor, therapist, or other similar health
related professional.

97) Club, Private: (See Private Club)

98) Club: Buildings or facilities owned or operated by a corporation, association,
person or persons for a social, educational, fraternal, civic, religious, or
recreational purpose, but not primarily for profit or to render a service which is
customarily carried on as a business.

99) Clubhouse: A building used to house a club or social organization, not
conducted for private profit and not an adjunct to, operated by, or in connection
with a public tavern, bar, cafe or other public place.

100) Cluster Development: A division of land into lots for use as single and/or two-
family attached and/or detached building sites, where said lots are arranged into
groups having area and yard measurements less than that required in the tables of
dimensional and density requirements for various Intensity Districts.

101) Coastal High Hazard Area: The area subject to high velocity waters caused by,
but not limited to, hurricane wave wash. The area is designated on a Flood
Insurance Rate Map as Zone "Vl- 30", "VE", or "V".

102) Coastal Waters: The sea, as that term is defined herein, as well as those waters
adjacent to the shorelines, which contain a measurable quantity or percentage of
seawater including, but not limited to, harbors, bays, lagoons.

103) Coastal Zone: All land and water areas of the Territory of the Virgin Islands
extending to the outer limits of the territorial sea.

104) Coastal Zone Management Program: The Program prepared by the Virgin
Islands Department of Planning and Natural Resources for the management of
the Coastal Zone of the Virgin Islands and submitted by the Governor of the
Virgin Islands to the U.S. Department of Commerce pursuant to section 306,
subsection (c), paragraph 4 of the Federal Coastal Zone Management Act of 1972
(P.L. 92-583).

105) Collector Road: A road that provides for traffic movement between major or
minor arterial and local or residential streets, and direct access to adjacent
properties. This road serves the internal traffic movement within a geographic
sub area.










106) Commercial Dock: A dock or pier that is used to produce income, and which
includes any dock or pier not described herein as a private dock.

107) Commercial Dredging: The extraction of sand or any material that could be
used as aggregate from the coastal waters which is sold in its original state, or as
some derivative material, or which does not come within the definition of
non-commercial dredging.

108) Commercial Use: The use of any structure or property for a purpose directly
related to the sale of goods, or the furnishing of services of any kind for profit by
the owner, lessee, or licensee.

109) Commercial Vehicle: Any vehicle of any nature that is used for hire or for
profit.

110) Commission: The Virgin Islands Coastal Zone Management Commission as
continued and expanded by this law.

111) Commissioner: For the purposes of this law, the appointed government official
responsible for and authorized to be in charge of the Department of Planning and
Natural Resources, or his authorized representative.

112) Common Area: The total area not designed for rental to tenants and which is
available for common use by all tenants or groups of tenants and their guests,
including such areas as parking lots and their appurtenances, lobbies, malls,
sidewalks, landscaped areas, public rest rooms, truck and service facilities, etc.

113) Community Center: A place, structure, area, or other facility used for and
providing social, fraternal, religious and/or recreational programs generally open
to the public and designed to accommodate and serve significant segments of the
community.

114) Community Garage: (See Garage, Community)

115) Compatible Use: A use that is capable of existing in harmony with other uses
situated in its immediate vicinity.

116) Completeness (of a Permit Application): The information, reports, and
documents submitted by the applicant that address or discuss each of the areas
required by the application form and/or as a result of the preapplication meeting.
Completeness does not mean that the information, reports, and documents
submitted are sufficient or adequate to assess the impact of the proposed
development on the environment, but simply that the requested information,
reports, and documents have been submitted.









117) Comprehensive Land and Water Use Plan: The official formulation of the uses
of land and water, including the assumptions and rationale for arriving at the
determinations. This plan is intended to serve as a policy guide for decision-
making relative to zoning and development in the United States Virgin Islands.

118) Concept Plan: A preliminary plan for the development of property, indicating
contour lines; any significant existing natural features, such as rock outcropping
and stands of trees; proposed building layouts with approximate square footage
of floor area; proposed off-street parking areas and, if required, off-street loading
areas; and the proposed internal (to the lot) circulation system.

119) Condominium: A form of ownership of property where the purchaser normally
acquires title to a part of a building and/or a portion of land, and an undivided
interest in the common areas and facilities; as distinguished from a cooperative,
where the purchaser usually acquires stock that represents his interest in the
property. Where the building so acquired consists of bedrooms with individual
baths or combined bedrooms and living rooms with individual baths and/or has
separate entrances for each unit, each unit shall be considered a separate dwelling
unit or a separate hotel room for the purposes of this law.

120) Confectionery: An establishment engaged solely in the preparation and
production of candy products for direct retail sale to the consumer on premises.

121) Conservation Areas: Environmentally sensitive and valuable lands protected
from any activity that would significantly alter their ecological integrity, balance,
or character.

122) Consistency: The obligation of federal agencies under section 307 of the Coastal
Zone Management Act (P.L. 92-583), to ensure that their activities and the
activities that they support are compatible with the policies of the Virgin Islands
Coastal Zone Management Program.

123) Construction: The erection, alteration, or extension of a structure.

124) Contiguous: Lands are contiguous if they actually adjoin each other and share a
common boundary for a distance of at least fifty percent (50%) of the length of
such common boundary. Lands separated by water bodies, streets, alleys,
roadways, other rights-of-way, or lands which share less than a fifty percent
(50%) common boundary are not considered to be adjoining and, therefore, shall
not be considered as lying contiguous to each other.

125) Contour: A line drawn on a map or chart connecting points of the same
elevation.

126) Convalescent Home: (See Nursing, Rest, or Convalescent Home)









127) Convenience Store: Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches and other
freshly prepared food, such as salads, for off-site consumption.

128) Conversion: The change of land use or purpose to which a structure or building
is put.

129) Corner Lot: (See Lot, Corner)

130) Court: An open, unoccupied space on the same lot, and fully enclosed on at least
three (3) adjacent sides by walls of the buildings.

131) Covenant: A written agreement between individuals dealing with density, size,
height of buildings, setbacks, yard requirements, right-of-ways, easements and
other matters concerning the use of property.

132) Coverage, Ground: (See Lot Coverage)

133) Cul-de-sac: A minor street having only one (1) means of vehicular access to
another street and terminating at its other end in a circular-shaped turn around.
This definition of cul-de-sac shall in no way be interpreted to include a dead-end
street.

134) Cultural property: A structure, place, site or object having historic,
archaeological, scientific, architectural or other cultural significance to the Virgin
Islands.

135) Culvert: A transverse drainage pipe or drainage structure that channels under a
street, driveway or other obstruction in the drainage way.

136) Curb Cut: An indentation or depression through or into a raised curb forming a
driveway or walkway.

137) Curb Level: The level of the established curb in front of a building measured at
the center of such front. Where no curb elevation has been established, the mean
elevation of the finished lot grade immediately adjacent to a building shall be
considered the "curb level."

138) Data Recording Techniques:

(1) The data recording techniques outlined in the Secretary of the
Interior's "Standard and Guidelines for Archaeology and Historic
Preservation"; and
(2) Any other data recording technique adopted by the State Historic
Preservation Office.









139) Data Recovery Operation: An undertaking authorized by a valid permit from
the State Historic Preservation Officer, which may include:

(1) The disturbance or removal of submerged antiquities or other historic or
cultural properties that lie within any navigable waters that are within
three miles of the mean low-tide watermark of any shoreline of the
United States Virgin Islands; and

(2) The disturbance and removal of any archaeological or paleontological
specimens from a historical, cultural or archaeological site.

140) Dead-End Street: A street having only one (1) means of vehicular access with
the other end simply terminating, and no provision made for the turning of motor
vehicles, other than using driveways on property to facilitate these movements.

141) Decision (of the Commission, one of its Committees, or the Commissioner):
Written notification to an applicant that his permit application has been approved
or denied.

142) Dedication: The transfer of property interests from private to public ownership
for a public purpose. The transfer may be of fee-simple interest or of a less than
fee-simple interest, including an easement.

143) Deed: A written instrument under seal by which an estate in real property is
conveyed by the grantor to the grantee.

144) Density: The number of persons residing or the amount of dwelling units or gross
floor area developed per unit of land area.

145) Department: The Department of Planning and Natural Resources (DPNR). The
term is used interchangeably with the term "Commissioner" and shall be applied
according to the text.

146) Deputy State Historic Preservation Officer: A representative of the State
Historic Preservation Officer, designated to act on his behalf.

147) Derelict Vessel: A vessel that has been abandoned, forsaken or disabled beyond
repair.

148) Determination (of the Board of Land Use Appeals): Written notification to the
issuing authority and the aggrieved party that the decision of the Committee or
Commissioner has been affirmed or nullified.

149) Developer: Any person, firm, partnership, association, corporation, company, or
organization of any kind, engaged in any type of man-made change of improved
or unimproved land.










150) Development: Any activity involving, requiring or consisting of the placement,
erection, enlargement or removal of any fill, solid material or structure on land, in
or under the water; discharge or disposal of any dredged material or of any liquid
or solid waste; grading, dumping, removing, dredging, mining, or extraction of
any materials, including mineral resources; bulkheading; driving of pilings;
clearing of vegetation or alteration of land for any purpose or use; production of
livestock; subdivision of land; construction, reconstruction, removal, demolition
or alteration of the size of any structure; removal of coral; the construction of
roads or streets; alteration of the shoreline; or any other land disturbing activity.
Development shall not be defined or interpreted to include any improvements
made in the interior of any structure or any gardening or maintenance landscaping
activities.

151) Development, Substantial: With regard to projects that have been initiated,
substantial development shall constitute at least ten percent (10%) of the total
expected cost to complete the project as it was approved. Development shall also
be considered to be substantial if the developer of an approved project has secured
financing for the project and can demonstrate, in writing, his financial
commitments to the project in question.

152) Discharge to Groundwater: Treated or untreated wastewater, stormwater
leachate, leachate from a solid waste facility, or leaked product generated by the
construction or operation of an installation and discharging directly or indirectly
to groundwater.

153) District, Zoning or Intensity: Any portion of the islands of St. Croix, St. John or
St. Thomas and all other properties within the jurisdiction of the U.S. Virgin
Islands within which, on a uniform basis, certain uses of land and buildings are
permitted and certain other uses of land and buildings are prohibited as set forth in
this law, and within which certain yards and other open spaces are required, and
within which certain lot areas are established, and within which a combination of
such aforesaid conditions are applied.

154) Dock: A floating or stationary structure whose primary purpose is the berthing of
vessels.

155) Dormitory: A building whose primary purpose is to provide sleeping quarters
and sanitary facilities and not more than one common kitchen for the convenience
of the occupants.

156) Drainage: The removal of surface water or groundwater from land by drains,
grading, or other means. Drainage includes the control of runoff to minimize
erosion and sedimentation during and after development and includes the means
necessary for water supply preservation, and/or prevention or alleviation of
flooding.










157) Drainage Channel: (See Channel, Drainage)


158) Dredge, Non-Commercial: (See Non-Commercial Dredging)

159) Dredging, Commercial: (See Commercial Dredging)

160) Drive-In or Drive-Through Facility: An establishment that, by design, physical
facilities, service, or by packaging procedures, encourages or permits customers
to receive services or obtain goods, while remaining in their motor vehicles.

161) Driveway: A private road that gives access to property abutting a private or
public thoroughfare.

162) Dual Front: A building designed or constructed so as to present the appearance
of having two (2) fronts.

163) Dwelling: A building occupied or intended to be occupied exclusively for
residential purposes.

164) Dwelling, Attached: A single family dwelling having any portion of each of two
(2) walls in common with adjoining single family dwelling units.

165) Dwelling, Detached: A dwelling that does not adjoin any other dwelling unit.

166) Dwelling, Multiple-Family: A building or portion thereof, used or designed as a
residence for three (3) or more families living independently of each other, and
each with facilities that are used or intended to be used for living, sleeping, and
cooking in said building. This definition includes apartment houses but does not
include hotels, trailers or mobile home camps or parks or tourist camps.

167) Dwelling, Row: A group of three (3) or more attached single or two family
dwellings.

168) Dwelling, Seasonal: A dwelling unit not used for permanent residence and not
occupied for more than six (6) months in any calendar year.

169) Dwelling, Semi-Detached: A single family or two family dwelling having any
portion of one wall in common with an adjoining single family or two family
dwelling unit.

170) Dwelling, Single Family: A building designed for or occupied exclusively by one
(1) family.

171) Dwelling, Two-Family: A building, designed for or occupied exclusively by two
(2) families living independently of each other.










172) Dwelling Unit: Any room or group of rooms located within a building, and
forming a single habitable unit with facilities that are used or intended to be used
for living, sleeping, and cooking by one (1) family.

173) Dwelling Unit, Efficiency: (See Efficiency Dwelling Unit)

174) Easement: A right in the owner of one parcel of land, by reason of such
ownership, to use the land of another for a special purpose not inconsistent with
those rights enjoyed by the property owner.

175) Easement, Maintenance: A type of easement which authorizes another party
(usually the Government or a public utility) the right to maintain their facilities
which pass over or run under the property upon which the easement is to be
granted.

176) Ecosystem: A characteristic assemblage of plant and animal life within a specific
physical environment, and all interactions among species, and between them and
their environment.

177) Efficiency Dwelling Unit: A dwelling unit consisting of one (1) room exclusive
of bathroom, kitchen, hallway, closets, or dining alcove, whether or not directly
off the principal room.

178) Effluent: Liquid sewage discharged by a collection network, various sewage
treatment units, or a sewage treatment plant; also, the liquid, solid, or gaseous
product discharged or emerging from a process.

179) Elevated Building: A non-basement building constructed in such a manner as to
have the lowest floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (post and piers), shear walls, or
breakaway walls.

180) Elevation: The vertical distance above or below a fixed reference level; or a flat
scale drawing of the front, rear, or side of a building or structure.

181) Emergency: An unexpected situation that poses an immediate danger to life,
health, or property and demands immediate action to prevent or mitigate loss or
damage to life, health, property, or essential public services.

182) Eminent Domain: The authority of the U.S. Virgin Islands Government or
Federal Government to take, or to authorize the taking of private property for
public use with just compensation to the owner.

183) Enforcement Action: A Notice of Violation issued by the Commissioner to
enforce any provision of the Virgin Islands Development Law. This definition









excludes written or oral warnings.


184) Enlargement: An addition to the floor area of an existing building, an increase in
the size of any other structure, or an increase in that portion of a tract of land
occupied by an existing use.

185) Environment: The physical, social and economic conditions that exist within the
area that may be affected by a proposed project.

186) Environmental Assessment and Impact Study: An informational report
prepared by the applicant and made available to public agencies and the public in
general that, when required by this law, shall be considered by the Committee
prior to its approval or disapproval of an application for a major development
permit. Such report shall include detailed information about the existing natural
and cultural environment in the area of a proposed development; the impacts that
a proposed development is likely to have on natural and cultural resources; an
analysis and description of the ways in which the significant adverse impacts of
such development are proposed to be mitigated and minimized; and an
identification and analysis of feasible alternatives to such development.

187) Erected: Includes built, constructed, reconstructed, moved upon, or any physical
operations on the premises required for the building. Excavations, fill, drainage,
paving, and the like shall be considered within the definition of "erected".

188) Erosion: The detachment and movement of soil or rock fragments by water,
wind, and/or gravity.

189) Essential Services: The erection, construction, alteration, or maintenance by
public utilities, or Government departments and agencies of underground, surface
or overhead gas, communication, electrical, steam, fuel or water transmission or
distribution systems, collection, supply, or disposal systems, including towers,
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police
call boxes, traffic signals, hydrants, and similar accessories in connection
therewith, but not including buildings which are necessary for the furnishing of
adequate service by such utilities or government departments for the general
public health, safety, convenience, and welfare.

190) Establishment: An economic unit, generally at a single physical location, where
business is conducted or services are offered.

191) Evidence: Any map, table, chart, contract, or any other document or testimony
prepared or certified by a qualified person to attest to a specific claim or
condition, which evidence must be relevant and competent and must support the
position maintained.

192) Excavation: Any disturbance or removal of soil or sand from terrestrial and









marine environments.


193) Facade: The front of a building, particularly that part of a building facing a street
or courtyard.

194) Face or Surface of a Sign: That side of a sign upon, against, or through which a
message is displayed or illustrated on the sign.

195) Family: One (1) person or group of two (2) or more persons living together and
interrelated by bonds of kinship, marriage, mutual consent, or legal adoption,
occupying the whole or part of a dwelling as a separate housekeeping unit with a
common set of cooking facilities. The persons thus constituting a family may also
include foster children, gratuitous guests and domestic servants.

196) Fastland: Land above and landward of the line of mean high tide, but not
including landfill. Fastland is all that land which is not submerged and filled land
as herein defined.

197) Feasible: Capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, social,
and technological factors.

198) Federal Activity: Any functions performed by or on behalf of a federal agency
in the exercise of its statutory responsibilities; and any federal development
project involving the planning, construction, modification or removal of public
works, facilities, or other structures; and the acquisition, utilization, or disposal of
land or water resources, as well as federal agency activities requiring a federal
permit and federal assistance to entities other than the Territorial Government.

199) Federal Assistance: Assistance provided under a federal program to an applicant
agency through grant or contractual arrangements, loans, subsidies, guarantees,
insurance, or other forms of financial aid.

200) Federal License or Permit: Any authorization, certification, approval, or other
form of permission that any federal agency is empowered to issue to an applicant.
The term also includes renewals and major amendments of federal license and
permit activities not previously reviewed under the Coastal Zone Management
Act and activities previously reviewed under said Act, which amendment or
renewal will cause effects substantially different than those originally reviewed.

201) Fence: Any artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.

202) Fill: Earth or any other substance or material, placed for the purposes of raising
the ground elevation of a site.









203) Filled Lands: (See Submerged and Filled Lands).


204) Final Plat: The final map of a proposed subdivision that is presented to the
Department of Planning and Natural Resources, if approved, is filed and recorded
with the Recorder of Deeds in the Office of the Lieutenant Governor.

205) Financial Institutions: Establishments including, but not limited to, banks and
trust companies, credit agencies, investment companies, brokers and dealers of
securities and commodities, and other similar uses.

206) Flea Market: An occasional or periodic sales activity held within a building,
structure, or open area where groups of individual sellers offer goods, new and
used for sale to the public, but not to include private garage sales.

207) Flood, Base: (See Base Flood)

208) Flood, One Hundred Year: The highest level of flooding that, on average, is
likely to occur once every one hundred (100) years (i.e. that has a one percent
(1%) chance of being flooded each year).

209) Flood, Regulatory: A flood that is representative of large floods known to have
occurred generally in the area and reasonably characteristic of what can be
expected to occur on a particular water course. The regulatory flood generally has
a flood frequency of approximately one hundred (100) years, as determined from
an analysis of floods on a particular water course and other water courses in the
same general area.

210) Flood Hazard, Special Area: (See Area of Special Flood Hazard)

211) Flood Hazard Boundary Map (FHBM): An official map of the Territory,
issued by the Federal Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been defined as Zone "A".

212) Flood Insurance Rate Map (FIRM): An official map of the Territory, on which
the Federal Emergency Management Agency has delineated both the areas of
special flood hazard and the risk premium zones applicable to the U.S. Virgin
Islands.

213) Flood Insurance Study: The official report provided by the Federal Emergency
Management Agency which contains flood profiles, as well as the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.

214) Flood or Flooding: A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters,
or the unusual and rapid accumulation or runoff of surface waters from any
source.










215) Flooding, Shallow Area: (See Area of Shallow Flooding).


216) Floodplain Area having Special Flood Hazard: That maximum area of the
floodplain that, on average, is likely to be flooded once every one hundred (100)
years (i.e. that has a one percent (1%) chance of being flooded each year).

217) Floodplain or Flood-Prone Area: A land area adjoining a river, stream,
watercourse, ocean, bay or pond, which is likely to be flooded.

218) Floodway: The channel of any watercourse and the adjacent land areas that must
be reserved to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot.

219) Floor: The top surface of an enclosed area in a building (including basement),
i.e., the top of a slab in concrete slab construction or the top of wood flooring in
wood frame construction. The term does not include cisterns or the floor of a
garage used primarily for the parking of vehicles and where openings are installed
to allow the free passage of water.

220) Floor Area: The sum of the gross horizontal areas of all of the floors of all
buildings on the lot, measured from the exterior faces of exterior walls or from the
center line of walls separating two buildings.

221) Floor Area, Usable: Any floor area within the outside wall of a building,
exclusive of areas in cellars, basements, unfinished attics, garages, open porches,
and accessory buildings.

222) Funeral Home: A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith before burial
or cremation.

223) Gade: The Danish name for street.

224) Garage: A building or portion thereof other than a private or storage garage,
designed or used for equipping, servicing, repairing, or storing motor vehicles
internally and enclosed within the building.

225) Garage, Community: A garage used for the storage of vehicles for occupants of
lots in the same or adjacent block or blocks, and provides only incidental services
to such vehicles as are stored therein.

226) Garage, Parking: A building, or portion of building, or area beneath a building
or structure, except those described as a private garage, used only for the parking
of automotive vehicles.









227) Garage, Private: An accessory building used primarily for the storage of
self-propelled vehicles for the use of occupants of a lot on which such building is
located with a capacity of not more than three (3) motor vehicles. The foregoing
definition shall be construed to permit the storage on any one (1) lot within such
garage, for the occupants thereof, of not more than one (1) commercial vehicle.

228) Garage, Public: Any premises, except those described as a private or community
garage, used principally for the storage of automobiles or other motor vehicles,
for remuneration, hire, or sale, where any such vehicle may also be equipped for
operation or repaired.

229) Governmental Use: Public land areas and facilities which are utilized for
administration and operation of government business which house personnel,
records, equipment and the like belonging to the territorial or federal government,
special district, or agency.

230) Grade, Highest Adjacent: (See Highest Adjacent Grade)

231) Grade: The established grade of the street or sidewalk as prescribed by the
Department of Public Works. Where no such grade has been established, the
grade shall be the average computed by a licensed land surveyor at the sidewalk at
the property line. Where no sidewalk exists, the grade shall be established in the
same manner on the street adjacent to the property line.

232) Greenbelt: A parcel or parcels of land set aside and restricted from development
or dedicated to the public for the purpose of enhancing the quality of life in the
area.

233) Greenhouse: An enclosed building, permanent or portable, which is used for the
growth of small plants.

234) Groin: Shall have the same meaning as "jetty," or a structure of rock, concrete,
steel, or other material designed to modify or control sand movement along a
shore, or a barrier built out from the shoreline whose purposes include the
protection of the land from erosion and control of sand movement.

235) Gross Acre: (See Acre, Gross)

236) Gross Floor Area: The sum of the total areas taken on a horizontal plane of a
floor or several floors of a building measured between the outside face of the
exterior walls, exclusive of areas open and unobstructed to the sky.

237) Ground Cover: Plants, other than turf grass, normally reaching an average
maximum height of not more than twenty-four (24) inches at maturity.

238) Ground Coverage: (See Lot Coverage)










239) Ground Floor Area: The square footage area of a building within its largest
outside dimensions, exclusive of open porches, breezeways, terraces, garages,
exterior stairways, secondary stairways, and drive-through teller lanes or walk-up
windows of financial institutions only. Ground floor area is the total area used in
determining the percentage of lot coverage.

240) Groundwater: Water that fills all of the unblocked voids of underlying material
below the ground surface which is the upper limit of saturation, or water which is
held in the unsaturated zone by capillarity.

241) Group Home: A dwelling maintained or used to provide the sheltered care of
persons with special needs, which, in addition to providing food and shelter, may
also provide some combination of personal care, social or counseling services,
and transportation.

242) Guesthouse: (See Hotel and Guesthouses)

243) Gut: A natural or constructed waterway or any permanent or intermittent stream.

244) Gutter: A constructed waterway, usually along a street curb, to collect and
conduct street surface water.

245) Habitable Room: A room occupied by one or more persons for living, eating or
sleeping purposes. It does not include toilets, laundries, serving and storage
pantries, corridors, cellars, and spaces that are not used frequently or during
extended periods. It also does not include kitchens or kitchenettes.

246) Hazard Area, Coastal: (See Coastal High Hazard Area)

247) Health Care Facility: An establishment primarily engaged in furnishing
medical, surgical or other services to individuals, including the offices of
physicians, dentists, and other health practitioners; medical and dental
laboratories; out-patient care facilities; blood banks; and oxygen and
miscellaneous types of medical supplies and services.

248) Health Club: Gymnasiums (except those associated with educational
institutions) private clubs (athletic, health, or recreational), reducing salons, and
weight control establishments.

249) Hearing Officer: A person appointed by the Commissioner to conduct an
administrative proceeding.

250) Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs.

251) Height of Building: The vertical distance from the lowest finished floor, not









including a cellar or cistern, to the highest point of the roof surface of a flat roof;
the deck line for a mansard roof; or the mean height level between the eaves and
ridge for hip, gabled, and gambrel roofs.

252) Heliport (Limited Uses): Any landing area used for the landing and taking off of
helicopters, including all necessary passenger and cargo facilities, fueling, and
emergency services.

253) Heliport (Unlimited Use): Any landing area used by helicopters which includes
all necessary passenger and cargo facilities, maintenance and overhaul, fueling,
service, storage, tie-down areas, hangers, and other necessary buildings and open
spaces.

254) Highest Adjacent Grade: The highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of a structure.

255) Highway: A major roadway or thoroughfare with intersections at grade and
providing direct access to abutting property, primarily designed for through
traffic, on a continuous route, and not having access control.

256) Historic District: A geographically defined area possessing a significant
concentration or continuity of landmarks, improvements, or landscaped features
united by historic events or by physical development, and which area has been
designated as an historic district; said district may have within its boundaries
noncontributing buildings or other structures that, while not of such historic
and/or architectural significance to be designated as landmarks, nevertheless
contribute to the overall visual character of the district.

257) Historic Property: Any and all terrestrial and marine archaeological sites
included in or eligible for inclusion in the Virgin Islands Registry of Historic
Places, including any and all artifacts, objects and other remains related to and
located on such sites.

258) Home Occupation: Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly subordinate to the
use of the dwelling for dwelling purposes, and does not change the character
thereof. A home occupation includes the consultation by such professionals as a
physician, dentist, lawyer, architect, engineer, clergyman or real estate broker, and
excludes such uses as a cafe, and animal hospital. A home occupation will not
display or advertise any commodity or service for sale on the premises, nor will it
involve the employment of more than one (1) person, other than a member of the
immediate household.

259) Homeowners Association: A private, nonprofit corporation of homeowners of a
fixed area constituted for the purpose of owning, operating, and maintaining
various common properties.










260) Horticulture: The science and art of cultivating flowers, fruits, vegetables, or
ornamental plants.

261) Hospital: A facility providing primary health services and medical or surgical
care to persons, primarily inpatients suffering from illness, disease, injury,
deformity, other abnormal physical or mental condition, chemical or substance
dependency or abuse, and including as an integral part of the institution related
facilities such as laboratories, outpatient facilities, and training facilities.

262) Hostel: A lodging place, inn, or supervised shelter primarily catering to specific
age groups (e.g., youth hostel, elder hostel).

263) Hotels and Guesthouses: Any building containing guest rooms used, or intended
to be used, rented, or hired out to be occupied or which are occupied for sleeping
purposes by guests, whether rent is paid in money, goods, labor, or otherwise. It
does not include buildings in which sleeping accommodations are provided for
persons who are harbored or detained to receive medical, charitable, or other care
or treatment, or provided for persons who are involuntarily detained under legal
restraint.

264) House, Apartment: (See Apartment House)

265) House, Boarding: (See Boarding House)

266) Houseboat: Any type of watercraft used as a floating abode that fails to meet the
definition of a vessel as defined in this law, or that is used solely for a permanent
or temporary abode and not for transportation and navigational purposes. This
term does not include boats, yachts, or sailing craft with hulls designed, built and
used primarily for transportation and navigational purposes.

267) Household: (See Family)

268) Human Remains: A human body or human skeletal remains that was buried,
entombed or sepulchered.

269) Illuminated Sign: Any sign that has characters, letters, figures, designs or
outlines illuminated by electric lights, or from a remote position.

270) Impacts, Cumulative: Impacts on the environment that result from the
incremental impacts of an action when added to other past, present and reasonably
foreseeable future actions.

271) Impacts, Secondary: Impacts on the environment which result from a
consequence of an initial development.









272) Impervious Surfaces: Those surfaces which do not absorb water and consist of
all buildings, parking areas, driveways, roads, sidewalks, and any areas of
concrete or asphalt on a lot.

273) Improvement: Any permanent addition to real property that is designed to make
the property more useful or to increase its value, such as buildings or paved
driveways.

274) Improvement, Substantial: (See Substantial Improvement)

275) Include: To contain or comprise without limitation, to consider as part of a
whole, or to take into account.

276) Incompatible Use: A use that is incapable of existing in harmony with other uses
situated in its immediate vicinity.

277) Industrial Park: A planned, coordinated development of a tract of land with two
(2) or more separate industrial buildings. Such development is planned, designed,
constructed, and managed on an integrated and coordinated basis with special
attention given to on-site circulation, parking, utility needs, building design and
orientation, and open space.

278) Industry, Heavy: A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials, or a use
engaged in the storage of, or manufacturing processes using flammable or
explosive materials, or storage or manufacturing processes that potentially involve
hazardous or commonly recognized offensive conditions.

279) Industry, Light: A use engaged in the manufacture, predominantly from
previously prepared materials, of finished products or parts, including process,
fabrication, assembly, treatment, packaging, incidental storage, sales, and
distribution of such products, but excluding basic industrial processing.

280) Infill Development: The addition of new housing or other buildings on scattered
vacant sites in a built-up area.

281) Infrastructure: The roads, sewage system (including collection lines, treatment
plants, and outfalls), water system (including distribution lines, wells, and
desalination plants), police and fire protection services, health care facilities,
schools, electricity system, and solid waste disposal facilities of the U.S. Virgin
Islands.

282) Institutional Use: A non-profit corporation or establishment for public use.

283) Intent: The objective toward which any section of this law strives or for which it
exists.










284) Interpretation: Within the context of this law, shall mean a finding or
determination made by the Commissioner as to the meaning or intent of any word,
phrase, or section contained herein.

285) Intersection: The point at which two or more roadways join at an angle, whether
or not one crosses the other.

286) Intervention: The procedure by which a third person not originally a party to the
administrative proceeding, but claiming an interest in the subject matter, comes
into the case in order to protect his rights or enter his claim.

287) Irrigation System: A permanent, artificial system designed to transport and
distribute water to plants.

288) Jetty: Shall have the same meaning as "Groin," or a structure of a rock, concrete,
steel or other material designed to modify or control sand movement along a
shore whose purpose include the protection of the land from erosion and control
of sand movement.

289) Junk Yard: A lot, land, or structure, or part thereof, used primarily for the
collection, temporary storage, and sale of waste paper, rags, scrap metal, or
discarded metal, other than that used for building materials.

290) Kindergarten, Pre-School: A school designed to provide day-time care or
instruction for four (4) or more children from ages two (2) to five (5) years, and
operated on a regular basis for the purpose of serving as an orientation for
elementary school by accustoming the children to a new social environment
through varied experiences planned to develop manipulative skills, motor
coordination, and social awareness.

291) Kitchen: A space used or designed to be used for the preparation of food.

292) Kitchen, Central: A common space used or designed to be used for the
preparation of a large quantity of food to the tenant population of the
establishment in which such kitchen is located.

293) Laboratory: A place devoted to experimental study, such as testing and
analyzing. The manufacturing of any product or products is not considered to be
part of this definition.

294) Land Clearing: The exposure of earth by the removal of vegetative cover of any
kind.

295) Land Use: The employment of a site or holding so as to derive revenue or other
benefit from it; also the delineation by the Department of the utilization to which









land may be put so as to promote the most advantageous development of the U.S.
Virgin Islands.

296) Landfill: The depositing of soil, sand, gravel, shell, or other materials on or in
any land area, or the artificial alteration of water levels for land reclamation
purposes.

297) Landscape Plan: A detailed drawing to scale illustrating the type, size, location
and number of plants to be placed in a development.

298) Landscaping: Shall consist of any of the following or combination of material
such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or
palms; and non-living durable material commonly used in the landscape, such as,
but not limited to, rocks, pebbles, mulch, sand, walls or fences, benches,
fountains, paving for pedestrian use (but excluding paving for vehicles), exterior
landscape accent lighting fixtures, and any other item of exterior landscape
furniture.

299) Laundromat: An establishment providing washing, drying or dry cleaning
machines on the premises for rental use to the general public.

300) Laundry: A retail sales and service establishment that provides for the drop-off
of clothing, linens, and the like to be washed, dry cleaned, ironed, mended, or
repaired with no machines or equipment for the dyeing of same, and specifically
no machines or equipment available for self-service directly by the consumer.

301) Livestock: Domestic animals, such as horses, cattle, pigs, or sheep, but not to
include poultry, kept for their services or raised for food and other products.

302) Loading Space: An off-street space on the same lot with a building or group of
buildings for the temporary parking of a commercial vehicle while loading and
unloading merchandise or materials.

303) Local Road or Street: A roadway or street having the single purpose of
providing access to adjacent properties. Average speeds and volumes are low,
and trips are usually of a short duration to connect with either a major or minor
collector road.

304) Long-Term Anchoring: Any anchoring for more than fourteen (14) days within
a six-month period in any one location. For the purposes of this definition,
location means any bay or harbor within the Territorial waters of the Virgin
Islands.

305) Lot: A plot, parcel, or tract of land occupied or proposed to be occupied by a
building and the accessory building or uses customarily incidental to it, including
at least such open spaces as are required by this law and such open spaces as are









arranged and designed to be used in connection with such building and having its
principal frontage on a street or place or with access thereto.

306) Lot, Building: Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling unit grouping and its accessory buildings, together
with such open spaces as are required under the provisions of this law, having not
less than the minimum area and width required by this law for a lot in the district
in which such land is situated, and having its principal frontage on a street or on
such other means of access as may be determined in accordance with the
provisions of this law to be adequate as a condition of the issuance of a
development permit.

307) Lot, Corner: A lot located at the intersection of two (2) streets or a lot bounded
on two (2) sides by a curving street and any two (2) chords of which form an
angle of one hundred twenty (120) degrees or less. The point of intersection of the
street lot lines is the "corner". In the case of a corer lot with curved street lines,
the corner is that point on the street lot line nearest to the point of intersection of
the tangents described above.

308) Lot, Interior: A lot other than a corner lot.

309) Lot of Record: A lot that is part of a subdivision recorded in the Office of the
Recorder of Deeds or a lot or parcel described by metes and bounds, the
description of which has been so recorded.

310) Lot, Through: An interior lot having frontages on two (2) parallel streets as
distinguished from a corner lot, which has frontages on two (2) perpendicular
streets.

311) Lot, Zoning: A single tract of land located within a single block, which (at the
time of filing for a development permit) is designated by its owner or developer as
a tract to be used, developed, or built upon as a unit under single ownership or
control. A "zoning lot or lots" may or may not coincide with a lot of record.

312) Lot Area: The area contained within the boundary lines of a lot.

313) Lot Coverage: The maximum percentage of the lot that may be occupied by
buildings or structures, including accessory buildings or structures.

314) Lot Frontage: The extent to which a lot extends along a street.

315) Lot Line, Front: In the case of a lot abutting upon one street, the front lot line
shall mean the line separating such lot from such street. In the case of any other
lot, the owner shall, for the purpose of this law, have the option of selecting any
street lot line as the front lot line, providing that such choice, in the opinion of the
Commissioner, will not be injurious to the existing or the desirable future









development of adjacent properties.


316) Lot Line, Rear: Ordinarily, that lot line which is opposite and most distant from
the front lot line of the lot. In the case of an irregular, triangular or gore shaped
lot, a line ten (10) feet in length entirely within the lot, parallel to and at the
maximum distance from the front lot line of the lot, shall be considered to be the
rear lot line for the purpose of determining depth of rear yard. In cases where
none of these definitions are applicable, the Chief Building Inspector shall
designate the rear lot line.

317) Lot Width: The mean horizontal distance between the side lines, measured at
right angles to the side lot line. Where side lot lines are not parallel, the lot width
shall be considered as the average distance between such side lot lines.

318) Major Permit: The permit required for development as provided in section 246
of this law.

319) Mangrove Ecosystem: An area where the predominant single vegetation type is
red mangrove (Rhizophora mangle), white mangrove (Langunculeria racemosa)
or black mangrove (Avicenia nitida).

320) Manufactured Home: A prefabricated structure, transportable in one or more
sections that is designed to be used as a dwelling with a permanent foundation
and connected to the required utilities.

321) Marina: A harbor facility for vessels and houseboats, where storage, supplies,
repairs, and/or other marine-related goods and/or services are available.

322) Marquee: (See Canopy)

323) Mean High Water: The average height of the high waters over a nineteen (19)
year period, or for shorter periods of observation, the average height of the high
water after corrections are applied to eliminate known variations and to produce
the result of the equivalent of a mean nineteen (19) year value. Alternatively,
mean high water may be defined as the average height of the high waters as
established and accepted by the U.S. Army Corps of Engineers.

324) Mean High Water Line: The intersection of the tidal plane of mean high water
with the shoreline.

325) Mean Low Water: The average height of the low waters over a nineteen (19)
year period, or for shorter periods of observation, the average height of the low
waters after corrections are applied to eliminate known variations and to produce
the result of the equivalent of a mean nineteen (19) year value. Alternatively,
mean low water may be defined as the average height of the low waters as
established and accepted by the U.S. Army Corps of Engineers.










326) Mean Low Water Line: The intersection of the tidal plane of mean low water
with the shoreline.

327) Mean Sea Level (MSL): The National Geodetic Vertical Datum (NGVD) of
1929 or other datum, to which base flood elevations shown on the Flood
Insurance Rate Map (FIRM) are referenced. For purposes of this law, the term is
synonymous with National Geodetic Vertical Datum (NGVD).

328) Mezzanine: A floor level between two (2) main floors of a building, usually
immediately above the ground floor.

329) Ministorage or Miniwarehouse: A building or group of buildings consisting of
individual storage units not exceeding four-hundred (400) square feet that are
leased or owned for the storage of business and household goods or contractor's
supplies. These facilities shall not be used for any wholesale or retail operations.

330) Minor Permit: The permit required for development as provided in section 246
of this law.

331) Mitigation: The method use to alleviate or lessen the impact of development.

332) Mixed Use Zoning: Zoning that permits a combination of typically separated
uses within a single development. A planned area development is an example of
mixed use zoning. Mixed use in an urban context (such as Charlotte Amalie,
Christiansted, or Frederiksted) refers to usually a single building with more than
one (1) type of activity taking place within its confines. An example of such a
type of development could have commercial uses on the ground floor, offices
above them, and residential units above the offices. Other combinations of uses
may also occur in this type of setting.

333) Mobile Home: Any dwelling, trailer or unit designed and constructed for living
or sleeping purposes that is equipped with wheels or similar devices for the
purpose of transporting the unit, and such unit shall be considered a mobile home
whether or not the wheels have since been removed and whether or not ultimately
set on jacks, masonry blocks or other foundation, with or without skirtings.

334) Mobile Home Park: A site with required improvements and utilities for the
long-term parking of mobile homes which may include services and facilities for
the residents.

335) Mobile Home Space: That portion of land in a mobile home park allotted or
designed for accommodation of one (1) mobile home.

336) Modular Home: A dwelling unit having components substantially assembled in
a manufacturing plant and transported to the building site for final assembly on a









permanent foundation.


337) Moor: To attach a ship, boat, vessel, or other water craft to a stationary
underwater device, mooring buoy, buoyed anchor, or dock.

338) Mooring: The place where a buoyant vessel or houseboat is seasonally attached,
fixed, or fastened to a mooring buoy or other similar device that is permanently
fastened to a stationary underwater device and which is not carried aboard a
vessel as regular equipment when underway.

339) Mooring Buoy: A floating device or object which is permanently fastened to
submerged land or seabed, and to which a vessel may be attached by use of its
anchor chain or mooring lines.

340) Mooring Piling: A post, pillar, piling, or stake used for the purpose of berthing
buoyant vessels either temporarily or for a finite period, whether or not used in
conjunction with a dock.

341) Mulch: Non-living, organic and synthetic materials customarily used in
landscape design to retard erosion and retain moisture.

342) Multiple-Family Dwelling: (See Dwelling, Multiple-Family)

343) Museum: An establishment operated as a repository or a collection site of
natural, historic, scientific, or literary curiosities, or objects of interest or works of
art, not including the regular sale or distribution of the objects collected.

344) National Register: The National Register of Historic Places, which is the federal
listing of historic properties established pursuant to 36 CFR 60.

345) National Register Criteria: The criteria established by the Secretary of the
Interior for use in evaluating the eligibility of properties for listing in the National
Register of Historic Places.

346) Natural Resources Reclamation Fund: The fund created under Act No. 3404 of
the U.S. Virgin Islands Legislature and expressly continued herein.

347) Navigation Buoys: Floating objects anchored in coastal waters to guide mariners
or define areas reserved for swimmers or other specialized uses, and/or to mark
the position of submerged objects.

348) Navigable Waters: All waters belonging to the Government of the United States
Virgin Islands that are navigable in fact.

349) Net Developable Area: (See Buildable Area)









350) Net Floor Area: The area actually occupied, not including accessory unoccupied
areas such as corridors, stairs, closets, thickness of walls, columns, toilet rooms,
mechanical areas, or other similar features.

351) New Construction: Structures for which the "start of construction" commenced
on or after the effective date of this law.

352) Night Club: An establishment that has a capacity for at least thirty (30) persons
seated at tables and a bar, employs a bartender and maintains table service,
dancing, and/or live entertainment for the guests.

353) Non-Commercial Dredging: The extraction from the coastal waters of sand or
aggregate for use as land fill or disposal without being sold or otherwise used in
the exchange of goods or services.

354) Nonconforming Building or Use: Any building or use of land that does not
conform at the effective date of this law to the use, standards, and requirements
for the district in which it is situated.

355) Nonconforming Lot: A lot that does not conform, on the effective date of this
law, to the requirements set forth in the appropriate Table of Dimensional and
Density Requirements for the specific use intended.

356) Nonconforming Situation: A situation that occurs when, on the effective date of
this law, any existing lot or structure, or use of an existing lot or structure, does
not conform to one or more of the standards or requirements applicable to the
district in which the lot or structure is located. Among other possibilities, a
nonconforming situation may arise because a lot does not meet minimum acreage
or square footage requirements, because structures exceed maximum height
limitations, or because the relationship between existing buildings and the land (in
matters such as density and setback requirements) is not in conformity with this
law.

357) Notice of Violation: A written notice issued by the Commissioner that accuses a
respondent of violation of this law. A notice of violation may assess a civil
penalty.

358) Notify: To inform by either hand delivery or certified mail (except where
otherwise specified).

359) Nuisance: The use of property or a course of conduct that interferes with the
legal rights of others and which causes damage, annoyance, inconvenience, or
tend to injure the health, safety, or morals of the Territory's residents.

360) Nursery: An enterprise, establishment, or portion thereof that conducts the
retailing or wholesaling of plants grown on the site, as well as accessory items









(but not power equipment such as gas or electric lawn mowers and farm
implements) directly related to their care and maintenance. The accessory items
normally sold include items such as pots, potting soil, fertilizers, insecticides,
hanging baskets, rakes, and shovels.

361) Nursing, Rest, or Convalescent Home: A home for the care of five (5) or more
children, aged, informed, or terminally ill persons, or a place of rest for those
suffering bodily disorders. Such home does not contain equipment for surgical
care or for the treatment of injury.

362) Occupancy: The physical placement of a structure on land, or the utilization of
land on a temporary or permanent basis. This shall include existing structures
built prior to the enactment of this law, or built prior to Act No. 3667, which do
not have authorization by virtue of either a permit issued by the U. S. Department
of the Interior or the Department of Planning and Natural Resources.

363) Office: A building or portion of a building wherein services are performed
involving predominantly administrative, professional, or clerical operations.

364) Office Park: A tract of land that has been planned, developed, and operates as an
integrated facility for at least three (3) separate office buildings and supporting
ancillary uses, with special attention given to circulation, parking, aesthetics, and
compatibility

365) Off-Shore Cay: Any feature above sea level subject to the jurisdiction of the
Territory of the U. S. Virgin Islands excluding the islands of St. Croix, St. John,
St. Thomas, and Water Island.

366) Off-Street Parking: The minimum off-street, on-site parking of vehicles that
shall be provided under the terms of this law.

367) On-Site: Located on the lot in question, except in the context of on-site
detention, when the term means within the boundaries of the development site as
a whole.

368) One Hundred (100) Year Flood: (See Flood, One Hundred Year)

369) One Hundred (100) Year Storm: A shore-incident hurricane or any other storm
with accompanying wind, wave, and storm surge intensity having a one percent
(1%) chance of being equaled or exceeded in any given year.

370) Open Space: That space on the same lot as the principal building that is either
landscaped with shrubs or planted with grass, or set aside in its preexisting state to
preserve, conserve or enhance the natural or scenic resources of the area and
excludes that portion of the lot which is utilized for off-street parking purpose.
Open space also includes any undeveloped areas of the property utilized to satisfy









setback requirements.


371) Open Space, Common: An area within or related to a development, not 7n
individually owned lots or dedicated for public use, but which is designed and
intended for the common use and enjoyment of the residents of a development.

372) Open Storage: (See Storage, Open)

373) Outdoor Sale: The selling of any goods, material, merchandise, or vehicles for
more than twenty-four (24) hours, in an area open to the sky and/or visible from
adjacent properties or rights-of-way.

374) Outfall Pipes: (See Small Intake and Outfall Pipes)

375) Out Parcel: A tract of land of any size or dimension that is not included in a land
development proposal or site plan, and is specifically indicated as such on the
proposal or plan.

376) Paleontological Materials: Fossils and other paleontological specimens, both
plant and animal found in archaeological contexts.

377) Paleontological Materials: Fossils and other paleontological specimens, both
plant and animal, found in archaeological contexts.

378) Parcel: A continuous quantity of land in the possession of or owned by, or
recorded as the property of, the same person or persons.

379) Park: An area open to the general public and reserved for recreational,
educational, cultural, or aesthetic use.

380) Parking Lot: An off-street facility used for the storage or parking of motor
vehicles to provide an accessory service to a commercial, industrial, or residential
use.

381) Parking Space: An area of not less than nine (9) feet wide by eighteen (18) feet
long, for each automobile or motor vehicle, such space being exclusive of
necessary driving aisles, entrances, or exits, and being fully accessible for the
storage or parking of permitted vehicles.

382) Party Wall: A wall used or adapted for joint service between two (2) buildings
or units.

383) Permit: Any license, certificate, approval, or other entitlement for development
or use granted by any public agency.

384) Person: Any individual, organization, partnership, association, corporation, or









other entity, including any utility, the Government of the U.S. Virgin Islands, the
Government of the United States, any department, agency, board, authority,
independent or semi-independent instrumentality or commission of such
governments, and any officer or governing or managing body of any of the
foregoing.

385) Personal Services: Establishments primarily engaged in providing services
involving the care of a person or his personal goods or apparel. Examples include:
beauty parlors, shops, or salons; barbershops; reducing or slenderizing studios;
electrolysis services; manicurists; and the like.

386) Pier: A structure of timber or other material built onto or over the trust lands or
other submerged and filled lands.

387) Planned Residential Development: A development of land that is under unified
control and is planned and developed primarily for housing purposes either as a
whole in a single development operation or in a programmed series of
development stages. The development may include streets, other circulation
facilities, utilities, buildings, open spaces, and other site features and
improvements.

388) Plant Communities: A natural association of plants that are dominated by one or
more prominent species.

389) Plant Nursery: (See Nursery)

390) Plant Species, Controlled: Those plant species that tend to become nuisances
because of their undesirable growth habits but which, if properly cultivated, may
be useful or functional as elements of landscape design.

391) Plat: A map, plan, or layout of a subdivision of land, indicating the location and
boundaries of individual properties.

392) Plat, Final: That map, plan, or layout of a subdivision of land that is filed after
completing the improvements, accompanied by certifications that the
improvements have been satisfactorily completed and are recorded.

393) Playground: An active recreational area with a variety of facilities including
equipment for younger children as well as court and field games.

394) Plot: A parcel of ground containing more than one (1) lot upon which a building
and its accessory buildings have been or may be erected.

395) Porch, Open: A roofed open structure projecting from the outside wall of a
building without window, sash, or any other form of permanent enclosure.









396) Potable Water: Water that is intended for drinking, cooking, or domestic
purposes, subject to compliance with Territorial or federal drinking water
standards.

397) Preliminary Plat Plan: The map or maps of a proposed subdivision and
specified supporting materials, drawn and submitted in accordance with the
requirements of this law

398) Pre-School Facility: An educational center or establishment including a
kindergarten, that provides primarily instruction, supplemented by daytime care,
for four (4) or more children between the ages of two (2) and seven (7) years, and
which operates on a regular basis.

399) Preserve Areas: Vegetative areas required by law to be preserved.

400) Premises: Land or water area and all buildings and structures thereon.

401) Principal Building: (See Building, Principal)

402) Principal Use: (See Use, Principal)

403) Private Clubs: Organizations that are privately owned and operated by their
members and not operated for profit, and which maintain recreational, dining,
and/or athletic facilities for the exclusive use of the members and their guests and
uses accessory or incidental thereto.

404) Private Dock: A dock or pier that is used for the private leisure purposes of the
residents of a single-family, two-family or multiple-family dwelling unit located
on a contiguous shoreline parcel and is not involved in an income producing
activity.

405) Private Garage: (See Garage, Private)

406) Professional Archaeologist: A person who has a graduate degree in
archaeology, anthropology or a closely related discipline or field of study, who
has at least one year of full-time professional supervisory or management
experience and at least four months supervised post-graduate field and analytical
experience, and who has a demonstrated ability to complete archaeological
research as evidenced by a master of arts or master of science degree and
dissertation. A professional archaeologist must be certified in the appropriate area
of expertise by the Society for Professional Archaeologists and meet the standards
specified in Title 36 Code of Federal Regulations.

407) Professional Service: An establishment primarily engaged in rendering services
by a person, in which a professed knowledge or skill in some department of
science or learning is used by its practical application to the affairs of others,









either advising or guiding them in serving their interest or welfare through the
practice of an art founded thereon.

408) Public Agency: The Government of the United States, the Government of the
U.S. Virgin Islands or any department, agency, board, authority, independent or
semi-independent instrumentality, or commission of either government, and any
officer or governing or managing body of any of the foregoing.

409) Public Building: Any building held, used, or controlled exclusively for public
purposes by any department or branch of government without reference to the
ownership of the building or of the realty upon which it is situated.

410) Public Garage: (See Garage, Public)

411) Public Improvement: Any improvement, facility, or service, together with
customary improvements and appurtenances thereto, necessary to provide for
public needs such as vehicular and pedestrian circulation systems, storm sewers,
flood control improvements, water supply and distribution facilities, sanitary
sewage disposal and treatment, public utility, and energy services.

412) Public Notice: The legal advertisement given of an action or proposed action of
the Government of the U.S. Virgin Islands or its designee.

413) Public Use: The use of any land, water, or building by a public agency for the
general public.

414) Public Utility: Any person, firm, corporation, governmental department, or
board, duly authorized to furnish under government regulations to the public,
electricity, gas, communications, transportation, or water.

415) Quarrying and Associated Activities: Operations that primarily involve surface
mining or quarrying of non-metallic minerals such as dimension stone, crushed
and broken stone, including riprap, and sand and gravel pits. Well operations and
primary preparation plants of quarried material for construction and other special
uses are also included in this definition.

416) Rafts: Structures that are anchored or moored in the Territorial waters of the U.S.
Virgin Islands and serve as supports for swimmers or other uses.

417) Ramp: (1) A sloping walkway, roadway, or passage used to join and provide a
smooth transition between two levels of different elevations; or (2) driveways
leading to parking aisles.

418) Ramp, Boat: Structures (usually paved surfaces) requiring less than 100 cubic
yards of fill material and that facilitate the placement into or removal from the
water of small boats capable of being carried on trailers which are pulled by other









vehicles.


419) Recreation Area: Any privately or publicly-owned passive or active park,
playground, golf course, access easement, beach or similar facility or area.

420) Recreational Facility: A place designed and equipped for the conduct of sports
and leisure-time activities.

421) Registered Property: Property having historical, cultural or archaeological value
to the United States Virgin Islands that has been placed in the Virgin Islands
Registry on either a permanent or temporary basis.

422) Registry: The Virgin Islands Registry of Historic Places maintained for the
purpose of recording historical, cultural and archaeological properties deemed
worthy of preservation. Properties located in the United States Virgin Islands that
are listed in the National Register of Historic Places shall be automatically listed
in the Virgin Islands Registry.

423) Residence: (See Dwelling)

424) Residential Use: Use of land or structure thereon, or portion thereof, as a
dwelling place for one (1) or more families or households, but not including
occupancy of a transient nature such as in hotels, motels, or time-sharing uses.

425) Respondent: The person alleged to be in violation of this law.

426) Rest Home: (See Nursing, Rest, or Convalescent Home)

427) Restaurant: (See Retail Food Establishment)

428) Restrictive, More (Less): A regulation imposed by this law is more (less)
restrictive than another if it prohibits or limits development to a greater (lesser)
extent or by means of more (less) detailed specifications.

429) Re-subdivision: The changing of an existing lot or lots of any subdivision plat
previously filed and recorded in the Office of the Recorder of Deeds.

430) Retail Food Establishment: Any fixed or mobile place or facility at or in which
food or beverage is offered or prepared for retail sale or for service. The definition
includes restaurants, fast food restaurants, carry out restaurants.

(A) Restaurant: An establishment whose primary business is the sale
of food and beverages to patrons for consumption on the premises
and whose method of operation includes any of the following:

(i) Patrons place their order at their table from which









displays (menus) describe the food and beverage
available to them.

(ii) Preparation, service and consumption of food and
beverages take place at the establishment.

(iii) Outside table dining maybe permitted in areas
permanently designated for such use, shall be in
keeping with the exterior architectural theme of the
building, and in no way shall permit the
consumption of food or beverages within
automobiles.

(iv) Food and beverages are regularly served to patrons
while seated at their table by an employee of the
establishment.

(B) Carry-Out Restaurant. Any establishment whose principal
business is the sale of foods, frozen desserts, or beverages to the
customer in a ready-to-consume state, and whose design or method
of operation includes any of the following characteristics:

(i) Food and beverages are ordered from a limited
menu posted in sign form within the primary food
service building or on the premises.

(ii) Foods, frozen desserts, or beverages are usually
served in edible containers or in paper, plastic, or
other disposable containers.

(iii) The consumption of foods, frozen desserts, or
beverages within a motor vehicle parked upon the
premises, or at other facilities on the premises
outside the restaurant building, is posted as being
prohibited and such prohibition is strictly enforced
by the restaurateur.

(iv) The kitchen is in excess of fifty percent (50%) of
the total floor area.

(C) Drive-In Restaurant. Any establishment where provision is made
on the premises for the sale of foods, frozen desserts or beverages
to the consumer in automobiles or primarily within a completely
enclosed building accommodating at least ninety percent (90%) of
the establishment's permitted seating capacity and whose design,
method of operation, or any portion of whose business includes









any of the following characteristics:


(i) Food and beverages are ordered from a limited
menu posted in sign form within the primary food
service building or on the premises.

(ii) Foods, frozen desserts, or beverages may be served
directly to the customer in a motor vehicle by any
means that eliminates the need for the customer to
exit the motor vehicle.

(iii) The consumption of foods, frozen desserts, or
beverages within a motor vehicle parked upon the
premises, or at other facilities on the premises
outside the restaurant building, is permitted.

(iv) The kitchen is in excess of fifty percent (50%) of
the total floor area. A restaurant that provides
drive-in facilities of any kind in connection with
regular restaurant activities shall be deemed a
drive-in restaurant for purposes of this law.

(D) Fast Food Restaurant: Any establishment
whose principal business is sale of foods, frozen desserts, or
beverages to the customer in a ready-to-consume state for
consumption either within the restaurant building or for carry-out
with consumption off the premises, and whose design or principal
method of operation includes any of the following characteristics:

(i) Food and beverages are ordered from a limited
menu posted in sign form within the primary food
service building or on the premises.

(ii) Foods, frozen desserts, or beverages are usually
served in edible containers or in paper, plastic, or
other disposable containers.

(iii) The consumption of foods, frozen desserts, or
beverages within a motor vehicle parked upon the
premises, or at other facilities on the premises
outside the restaurant building, is posted as being
prohibited and such prohibition is strictly enforced
by the restaurateur.

(iv) The kitchen is in excess of fifty percent (50%) of
the total floor area.










431) Retail Sales and Service: The selling of goods in small quantities directly to the
consumer in establishments that provide a service or offer a product to the general
public.

432) Retail Sales Area: The area in square feet devoted exclusively to the sale or
display of goods or commodities.

433) Right-of-Way: A street, alley, or other thoroughfare or easement, whether
physically accessible or not, that has been permanently established or dedicated
for the passage of persons or vehicles.

434) Rip-Rap Revetments: A facing made of irregularly placed stones or pieces of
boulders or other structures placed on a soil or rock embankment to prevent
scouring by weather or water.

435) Roadside Stand: An area and/or structure, abutting but not within any
right-of-way or easement, with no space for customers within the structure itself
which has been constructed for the display and sale of goods and commodities.

436) Roadway: (See Street, Public)

437) Rooming Unit: Any room or group of rooms forming a single habitable unit used
or intended to be used for living and sleeping, but not for cooking or eating
purposes.

438) Rum Shop: (See Bar)

439) Scared Site: A site that is eligible for inclusion in the National Register because
of its association with the culture or beliefs of a living community that (a) are
rooted in that community's history, and (b) are important in maintaining the
continuing cultural identity of the community.

440) Salt Pond: A salt water embayment or lagoon separated from coastal waters by
any barrier.

441) Sand Dunes: Naturally occurring accumulations of sand in ridges or mounds
landward of the line of mean high tide on a beach.

442) Scenic Corridor: A strip of land on each side of a roadway that is generally
visible to the public traveling on such route and possessing natural aesthetic
significance in the community.

443) Scenic Easement: An easement, the purpose of which is to limit development in
order to protect a view or scenic area.









444) School: A place for systematic instruction in any branch or branches of
knowledge.

445) Screening: A device or materials used to conceal one element of a development
from other elements or from adjacent development. Screening may include walls,
beams, or plantings that must be of sufficient mass to be opaque or that shall
become opaque after twelve (12) months and shall be maintained in an opaque
condition.

446) Sea: The Atlantic Ocean, the Caribbean Sea and all coastal waters including
harbors, bays, coves, channels, estuaries, salt ponds, marshes, sloughs and other
areas subject to tidal action through any connection with the Atlantic Ocean or the
Caribbean Sea, excluding streams, tributaries, creeks and flood control and
drainage channels.

447) Seasonal High Water Line: The line formed by the intersection of the rising
shore and the elevation of one hundred and fifty percent (150%) of the local mean
tidal range above mean high water.

448) Seating Capacity: The actual number of people that can be accommodated in an
area based upon the number of seats, or one (1) seat per twenty (20) inches of
bench or pew length. For other areas where seats are not fixed, the seating
capacity shall be determined by the Virgin Islands Building Code.

449) Self-Service Laundry: (See Laundromat)

450) Setback: The horizontal distance between the front line, sideline, or rear line of
the lot to the front, side, or rear of the building or structure, respectively. Setbacks
shall be measured perpendicular to and parallel with property or right-of-way
lines. Where any building or structure is not built parallel to any property line,
the setback distance shall be measured perpendicular from that part of the
building or structure that is closest to the relevant property line.

451) Setback, Center Line: (See Street Center Line Setback)

452) Shallow Flooding, Area of: (See Area of Shallow Flooding)

453) Ships Chandler: A dealer of specific ship and nautical equipment and supplies;
however, not to include boat or yacht sales.

454) Shopping Center: A group of architecturally unified commercial establishments
built on a site that is planned, developed, owned, and managed as an operating
unit related in its location, size and type of shops to the trade area which the unit
serves.

455) Shoreline: The area along the coastline of the U.S. Virgin Islands from the









seaward line of low tide, running inland a distance of fifty (50) feet, or to the
extreme seaward boundary of natural vegetation which spreads continuously
inland, or to a natural barrier, whichever is the shortest distance. Whenever the
shoreline is extended into the sea by or as a result of filling, dredging or other
man-made alteration activities, the landward boundary of the shoreline shall
remain at the line previously established.

456) Short-Term Anchoring: Any anchoring for up to fourteen (14) cumulative days
within any six month period in any one location. For the purposes of this
definition location means any bay or harbor within the territorial waters of the
Virgin Islands.

457) Shrubs: Self-supporting woody plants which normally grow to a minimum
height of three (3) feet and maximum height of eight (8) feet in the Virgin Islands.

458) Sign: Anything whatsoever placed, erected, constructed, posted, or affixed in any
manner on the ground or to any post, fence, building, or structure for out-of-doors
advertising.

459) Sign, Business: A sign that directs attention to a business, commodity, service,
activity or product sold, conducted or offered upon the premises where the sign is
located.

460) Sign, Directional: Signs limited to directional messages, principally for
pedestrian or vehicular traffic, such as "one-way", and "exit".

461) Sign, Ground: Any sign, other than a pole sign, in which the entire bottom is in
contact with or is close to ground and is independent of any other structure.

462) Sign, Gross Area of: The "gross area" of a sign shall be the entire area within a
single continuous perimeter enclosing the extreme limits of such a sign. However,
such perimeter shall not include any structural elements lying outside the limits of
such a sign and not forming an integral part of the display. If a sign to be erected
is intended to have messages on both sides of its surface area that can be viewed
by the public, then the total area on both sides shall be included in the calculation
of the gross area.

463) Sign, Identification: A sign on the premises bearing the name of a residential
development, the name of a group housing project or of a school, college, park,
church or other public or quasi-public facility, or a professional or firm
nameplate, and bearing information identifying, but not describing, occupancy of
the premises on which such sign is located.

464) Sign, Illuminated: (See Illuminated Sign)

465) Sign, Occupancy: A sign on the premises bearing the name or address of the









piece of property, the name of the owner or resident and/or any permitted home
occupation, and bearing information pertaining only to the premises on which
such sign is located.

466) Sign, Outdoor Advertising: Any card, cloth, paper, metal, painted, glass,
wooden, plaster, stone or other sign of any kind or character, placed for outdoor
advertising purposes on the ground or on any wall, rock, post, fence, building or
other structure. The term "placed" as used in the definition of "outdoor
advertising sign" and "outdoor advertising structure" shall include erecting,
constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving
or other fastening, affixing or making visible in any manner.

467) Sign, Pole: A sign that is mounted on a free standing pole or other support so that
the bottom edge of the sign face is six (6) feet or more above grade.

468) Sign, Portable: A sign that is not permanently affixed to a building structure nor
to the ground.

469) Sign, Projecting: A sign that is wholly or partly dependent upon a building for
support, and that projects more than twelve inches from such building.

470) Sign, Temporary: A sign or advertising display constructed of cloth, canvas,
fabric, plywood, or other light material and designed to be displayed for a short
period of time.

471) Sign, Wall: A sign fastened to, or painted on the wall of a building or structure in
such a manner that the wall becomes the supporting structure for, or forms the
background surface of the sign and that does not project more than twelve inches
from such building or structure.

472) Significant Natural Area: Land and/or water areas of major environmental
value, including fish or wildlife habitat areas, valuable biological or natural
productivity areas, and unique or fragile ecological units or ecosystems that
require special treatment and protection.

473) Single-Family Dwelling: (See Dwelling, Single-Family)

474) Single Ownership: Ownership by one or more persons in any form of ownership
of a lot or lots partially or entirely in the same ownership.

475) Site Plan: A graphic and textual presentation of a development proposal in
accordance with the appropriate sections of this law.

476) Slope: (See Grade).

477) Small Intake and Outfall Pipes: Pipes with an inside diameter not exceeding









eight (8) inches extending from any fastlands or landfill into the sea.


478) Small Private Pier: A pier that does not exceed eighty (80) feet in length, is not
closer than thirty (30) feet to an adjacent pier, does not exceed five hundred (500)
square feet in area, and whose use is private.

479) Small Scale Scientific Experiment: Any scientific experiment that involves or
utilizes less than five hundred (500) square feet in area and is made of or uses
non-toxic materials.

480) Soil: The surface layer of the earth, supporting plant life.

481) Soil Removal: Removal of any kind of soil or earth matter, including top soil,
sand, gravel, clay, rock or similar materials or combination thereof, except
common household gardening.

482) Soil Survey: The "Soil Survey of the Virgin Islands of the United States,"
prepared by the Soil Conservation Service of the U.S. Department of Agriculture
in 1970, and any subsequent revisions or updates to said study.

483) Special Flood Hazard, Area of: (See Area of Special Flood Hazard)

484) Spill: The unpermitted release or escape of a Regulated Substance directly or
indirectly to soils, surface waters, or groundwaters.

485) Start of Construction: The first placement of permanent construction of a
structure (including a manufactured home) on a site, such as the pouring of slabs
or footings, installation of piles, construction of columns, or any work beyond the
stage of excavation. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations, or the erection of temporary forms.

486) State Historic Preservation Officer: The official of the Government of the
United States Virgin Islands who is appointed or designated pursuant to section
101(b)(1) of the National Historic Preservation Act to administer the state historic
preservation program.

487) Storage, Open: The safekeeping of any goods or products in an unoccupied
space, open to the sky, for eventual removal not expected within seventy-two (72)
hours, or for continuous replacement by same or similar goods or products.

488) Street, Public: A street affording the principal means of access to abutting
property, and dedicated to or maintained by the U.S. Virgin Islands Government
or the United States Government; affording the principal means of access to
abutting property and with a right-of-way or easement.










489) Street Center Line: A line midway between the street right-of-way lines or the
surveyed and platted center line of a street which may or may not be the line
midway between the existing right-of-way lines or pavement.

490) Street Center Line Setback: The minimum distance measured from the street
center line required for the preservation of existing right-of-way and future
right-of-way expansion.

491) Street Intersection: (See Intersection)

492) Street Line: The dividing line between any street, road or other thoroughfare and
the adjacent lots.

493) Street Trees: Landscape plantings located along or within rights-of-way, that are
conducive to the aesthetics and safety of said rights-of-way.

494) Structural Alteration: Any material or dimensional changes in the structural
elements of a building such as bearing walls, columns, beams, and roofs.

495) Structural Trim: The molding, battens, capping, nailing strips, latticing, and
platforms that are attached to a structure.

496) Structure: Anything constructed or erected which requires permanent location
on or in the coastal zone or attachment to something having location on or in the
coastal zone. A building is always a structure; a structure may or may not be a
building.

497) Structure, Accessory: A detached, subordinate structure, located on the same
lot, the use of which is customarily incidental to that of the main building or to the
principal use of the land.

498) Subdivision: The division or separation of a parcel of land into two (2) or more
lots or parcels by means of mapping, platting, conveyance, change, or
rearrangement of boundaries. All subdivisions are also developments and shall be
in conformance with the Subdivision Regulations of the U.S. Virgin Islands.

499) Submerged Antiquities: Any artifact, object or specimen of archaeological
significance that has remained unclaimed for more than fifty (50) years and is
located at or below the mean low-tide watermark in the waters of the United
States Virgin Islands. The term does not include vessels, refuse or submerged
sites of former habitation.

500) Submerged and Filled Lands: All lands in the U.S. Virgin Islands permanently
or periodically covered by tidal waters up to, but not above, the line of mean high
tide, seaward to a line three (3) geographical miles distant from the coastline of









the U.S. Virgin Islands, and all artificially made, filled, or reclaimed lands, salt
ponds and marshes, that were formerly, permanently, or periodically covered by
tidal waters.

501) Substantial Completion (of Construction): Any reconstruction, alteration or
new construction of a structure in which the cumulative amount of work
performed equals or exceeds eighty percent (80%) of the work required by
approved plans for such structure.

502) Substantial Development: (See Development, Substantial)

503) Substantial Improvement: Any combination of repairs, reconstruction,
alteration, or improvements to a structure taking place during the life of a
structure, in which the cumulative cost equals or exceeds fifty percent (50%) of
the market value of the structure. The market value of the structure shall be: (1)
the appraised value of the structure prior to the start of the initial repairs or
improvement, or (2) in the case of damage, the value of the structure prior to the
damage occurring.

504) Sufficiency (of a Permit Application): The information, reports, and documents
are adequate to assess the impact of the proposed development on the
environment.

505) Swale: A drainage channel formed by the convergence of intersecting slopes.

506) Swimming Buoys: (Same as Navigation Buoys.) Floating objects anchored in
coastal waters to guide mariners or defined areas reserved for swimmers or other
water-related uses, and/or to mark the position of submerged objects.

507) Swimming Pool: Any structure designed for swimming, wading or other aquatic
recreational purposes, capable of containing a body of water eighteen (18) inches
or more in depth and forty (40) square feet or more of water surface area.

508) Tavern: An establishment serving alcoholic beverages in which the principal
business is the sale of such beverages at retail for consumption on the premises,
and where sandwiches and snacks are available for consumption on the premises.

509) Temporary Use: (See Use, Temporary)

510) Terrace: An open porch without a permanent roof.

511) Territorial Sea: Waters of the U.S. Virgin Islands extending from the shoreline
or off-shore cays to points three (3) nautical miles off shore.

512) Theater: A building or part of a building, devoted to showing motion pictures, or
for dramatic, musical, or live performances.










513) Time-Share: The use of any residential dwelling unit under which the exclusive
right of use, occupancy or possession of such unit circulates among various
occupants in accordance with a fixed time schedule on a periodically occurring
basis for a period of time established by such schedule.

514) Topography: The science of drawing accurately on a map lines that represent
particular and consistent elevation levels on the land area depicted on said
drawing; also, the actual physical surface's relief characteristics.

515) Tower: A structure that is relatively high for its length and width either standing
alone or forming part of another building.

516) Tract: Used interchangeably with the term "lot," particularly in the context of
subdivisions, where one "tract" may be subdivided into several lots.

517) Trailer: A separate vehicle, not driven or propelled by its own power, but drawn
by some independent power; to include any portable or movable structure or
vehicle including trailers designed for living quarters, offices, storage, or for
moving or hauling freight, equipment, animals, or merchandise of any kind,
including boats, boat trailers, swamp buggies, half tracks, and the like.

518) Trailer, House: (See Mobile Home)

519) Trailer Camp or Park: (See Mobile Home Park)

520) Trees: Self-supporting woody plants which normally grow to a minimum height
of fifteen (15) feet in the U.S. Virgin Islands.

521) Trim: (See Structural Trim)

522) Trip: A single or one-way vehicle movement.

523) Trip End: The origin or destination of a trip. Each trip has two ends which
constitute a two-direction vehicle movement at the origin or destination of the
trip.

524) Trip Generation: The total number of trip ends produced by a specific land or
water use.

525) Trustlands: All submerged and filled lands conveyed pursuant to Public Law
93-435, 88 Statutes 1210, by the United States to the Government of the U.S.
Virgin Islands to be administered in trust for the benefit of the people of the U.S.
Virgin Islands.

526) Underground Facilities for Transportation of Wastewater from Industrial









Chemical Products: Includes piping, sewer lines, and ducts or other
conveyances designed to transport industrial pollutants and contaminants.

527) Underground Storage Facility: Any enclosed structure, container, tank, or other
enclosed stationary device used for the storage or containment of pollutants or
contaminants. Nothing in this definition is intended to include septic tanks,
enclosed transformers, or other similar enclosed underground facilities.

528) Understory: The assemblage of natural, low-level, woody, herbaceous, and
ground cover species which exist or are proposed to be planted in the area beneath
the canopy of a tree.

529) Underwater Transmission Lines or Cables: Submerged transmission lines
transmitting electricity or communication.

530) Unseaworthy: A vessel itself, or its appliances or appurtenances that are not safe
or adequate for the purposes for which they are intended or ordinarily used.

531) Use: The purpose or activity for which land, water or structure thereon, is
designed, arranged or intended, or for which it is occupied or maintained and shall
include any manner of performance of such activity with respect to the
Performance Standards of this law.

532) Use, Accessory: (See Accessory Building or Use)

533) Use, Agricultural: (See Agricultural Use)

534) Use, Commercial: (See Commercial Use)

535) Use, Non-Conforming: (See Non-Conforming Building Use)

536) Use, Principal: The main use of land, water or buildings as distinguished from a
subordinate or accessory use.

537) Use, Temporary: A use established for a fixed period of time with the intent to
discontinue such use upon the expiration of such time. Such uses do not involve
the construction or alteration of any permanent structure.

538) Undertaking: Any project, activity or program that has been reviewed and
approved by the State Historic Preservation Officer, and that can change the
character or use of historic properties located in the affected area.

539) Unmarked Burial Grounds: A location where human skeletal remains are
discovered or believed to exist, but for which there exists no written historical
documentation or grave markers.









540) Utility, Public: (See Public Utility)


541) Variance: A grant of relief from any dimensional and density or setback
requirements of this law that permits development in a manner otherwise
prohibited by this law, and where specific enforcement would result in
unnecessary hardship.

542) Vegetation, Native: Any plant species indigenous to the U.S. Virgin Islands.

543) Vehicle: Any self-propelled conveyance designed and used for the purpose of
transporting or moving persons, animals, freight, merchandise, or any substance,
and shall include passenger cars, trucks, buses, motorcycles, scooters, and
recreational vehicles.

544) Vehicular Use Area: That portion of a lot that is used by vehicles for access,
circulation, parking and loading and unloading. It comprises the total of internal
traffic circulation areas, loading and unloading areas, and parking areas.

545) Vessel: Every description of watercraft or other artificial contrivance, used or
capable of being used as a means of transportation on water.

546) Vested Rights: A right is vested when it has become absolute and fixed and
cannot be defeated or denied by subsequent conditions or change in regulations,
unless it is taken and paid for.

547) Video Sales and Rental: Commercial establishments engaged in the sale and
rental of video equipment, tapes and accessories for home entertainment.

548) Vicinity Map: A drawing that sets forth the relationship of a proposed
subdivision or use to the other nearby developments or landmarks and facilities
and services within a prescribed area in order to better locate and orient the area
in question.

549) Virgin Islands: Comprises all land areas and waters, including submerged land to
the three-mile limit form the low-tide watermark, under the jurisdiction of the
Government of the United States Virgin Islands.

550) Wall, Breakaway: (See Breakaway Wall)

551) Warehouse: A building used primarily for the storage of goods and materials.

552) Water Table: The surface between the vadose zone and the groundwater, which
is that surface of a body of unconfined groundwater at which the pressure is equal
to that of the atmosphere.

553) Waters, Coastal: (See Coastal Waters)










554) Water-dependent Development or Use: Any development or activity which is
conducted in or on the coastal waters; or which is conducted on land, but in order
to be viable, must be located along the shoreline. Examples include sea-water
distillation facilities, marine port facilities, mooring and anchoring, and fishing.

555) Waterway Width: With respect to any dock or pier to which the measure is
applied, the straight line distance from the point at which the center line of the
dock or pier intersects the mean high water line, measured to the nearest point on
the mean low water line of the opposite shore of the waterway.

556) Well: A pit or hole sunk into the earth to reach a resource of potable water supply
to be used for domestic purposes. For the purpose of this law, irrigation wells and
private wells to serve up to fourteen (14) dwelling units are not included in this
definition.

557) Wellfield: A tract of land that contains a number of wells for supplying water.

558) Wetlands: An area that is inundated or saturated by ground or surface water at a
frequency and duration sufficient to support, and that under normal
circumstances, supports a prevalence of vegetation typically adapted for life in
saturated soil conditions.

559) Wharf: A structure built onto or over the trustlands or other submerged and filled
lands so that vessels can receive and discharge cargo, products, goods,
passengers, etc.

560) Wholesale: The sale of goods or commodities usually in bulk or large quantities
and usually at a lower cost to a retailer for resale. Such sales activity takes place
in establishments or places of business primarily engaged in selling merchandise
to retailers; to industrial, commercial, institutional, or professional business users;
or to other wholesalers, or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.

561) Yacht Club: A building or other facility, including dockage, used for the
organized gathering of members and guests for the purpose of furthering their
interest in small sailing or mechanically propelled vessels used for pleasure
cruises or racing.

562) Yard: An open space of generally uniform width or depth on the same land with
a building or group of buildings, which open space lies between the building or
group of buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein.

563) Yard, Front: A yard extending along the full width of the lot and lying between
the front line of the lot and side lot lines of the principal building.










564) Yard, Rear: A yard extending across the full width of the lot and lying between
the rear line of the lot and the nearest line of the principal building.

565) Yard, Side: A yard between the side line of the lot and the nearest line of the
principal building and extending from the front yard to the rear yard, or, in the
absence of either of such yards, to the front or rear lot line, as the case may be,
except that on a corner lot the side yard adjacent to a street shall extend the full
depth of the lot.

566) Zero Lot Line: A development approach allowable only as part of an approved
planned area or cluster development in which a building is sited on one (1) or
more lot lines with no yard. Conceivably, three (3) of the four (4) sides of the
building could be on the lot lines. The intent is to allow more flexibility in site
design and to increase the amount of open space on the lot.

567) Zone: Area within which certain uses of land or water are permitted and certain
others are prohibited; yards and other open spaces are required; lot areas, building
height limits, and other requirements are established; and all of the foregoing
being identical for the zone in which they apply (see also, "District").

568) Zone of Protection: The total area contributing water to a well under a given set
of circumstances. The Zone of Protection changes over time in response to
changes in the water table or potentiometric surface, well pumpage, and other
withdrawals in the vicinity. It is determined by the construction of a flow net
based on potentiometric surface contours.

569) Zone of Protection Map: A map or series of maps showing the location on the
ground of the outer limits of the Zone of Protection for present and future public
potable water supply wells and wellfields.

570) Zoning District: (See District, Zoning or Intensity)


Section 228. Zoning Administration

(a) Zoning Administrator; powers and duties

The Commissioner of the Department of Planning and Natural Resources shall be the
Zoning Administrator for the United States Virgin Islands, and the Director of the
Division of Comprehensive Coastal Zone Protection shall be the Assistant Zoning
Administrator for the Virgin Islands and shall serve as the Commissioner's designee
under this section. The Commissioner of the Department of Planning and Natural
Resources shall administer the zoning provisions of this law and shall have the following
duties:
(1) To receive into the Department of Planning and Natural Resources all









applications for amendment to zoning maps, to make an investigation relative
thereto and to forward a report with recommendations thereon to the Legislature.

(2) To receive into the Department of Planning and Natural Resources all
applications for a Planned Residential Development.

(3) To initiate, direct, and review, from time to time, a study of the provisions of this
Comprehensive Land and Water Use Plan, and to make reports thereon.

(4) To promulgate Rules, Regulations and Procedures from time to time, relating to
the Development Law.

(5) To take appeal from any decision of the Board of Land Use Appeals when his
decision has been overruled by the Board.

(6) To maintain permanent and current records relative to amendment, administration
and enforcement of the zoning regulations, including but not limited to all zoning
maps, plans, applications, thereof, and shall provide an information service for the
public on all matters relating to zoning in the Virgin Islands.

(7) To examine all applications for building and development permits for the use of
land and water and to determine that application and plan submitted conforms to
all provisions of this subchapter prior to the issuance of any building,
development or other applicable permit.

(8) To make recommendations to the Legislature of the Virgin Islands with respect to
changes, which he deems desirable in the law in order that it may prove a more
effective instrument in helping to achieve the goals of the Virgin Islands
Comprehensive Land and Water Use Plan.

(b) General Provisions

(1) Conflict with Other Laws and Legal Documents

This subchapter is not intended to abrogate any easement, covenant, or any other private
agreement provided that where the regulations of this law are more restrictive (or impose
higher standards or requirements) than such easements, covenants, or other private
agreements, the requirements of this law shall govern.

(2) Permitted Uses

No building or structure shall be erected, converted, enlarged, reconstructed or
structurally altered, nor shall any building or structure or land be used, designed or
arranged for any purpose other than is permitted in the district in which the building or
structure or land is located, provided that this law shall not prohibit the continuance of an
existing use.

(3) Minimum Requirements










The requirements set forth in this law shall be considered to be minimum standards for
the purpose of promoting the general public health, safety and welfare of the people of
the United States Virgin Islands.

(4) Permits in Conflict with this Law

An approved permit issued prior to the effective date of this law, including grading and
excavation, that is in conflict with the provisions of this subchapter shall become void
unless actual construction work; is underway within one (1) year after the effective date
of this law. No extension of permits in conflict with the provisions of this subchapter
granted prior to the adoption of this law shall be allowed.

(5) Construction Begun Prior to the Effective Date of this Law

Nothing in this law shall be deemed to require any change in plans, construction, or
designated use of any building or structure upon which, prior to the effective date of this
law, actual construction was lawfully begun and has been diligently carried on, and
provided further that such building or structure shall be substantially completed within
two (2) years from the effective date of this law.

(6) Nonconforming Lots

Any lot in a single ownership, which ownership was of record at the time of the adoption
of this law, and that does not meet the requirements for yards, courts or other open space,
may be utilized, provided the requirements for yard areas, width, depth, and open space
are within seventy-five percent (75%) of that required by the terms of this law. The
purpose of this provision is to permit reasonable utilization of recorded lots, which lack
adequate width or depth, as long as standards can be satisfied.

(7) Erection of More Than One Principal Structure on a Lot

More than one structure containing a permitted or permissible principal use may be
erected on a single lot, provided that yard, area, and other requirements of this law shall
be met for each structure as though it were on a separate lot.

(8) Permitted Building Area

The principal buildings on any lot or parcel of land shall be erected within the area
bounded by the building lines established by setback or yard requirements. An accessory
building may be erected within any building area established for the principal building
and in required yard areas as may be provided for in this law.

(9) Exceptions to Height Requirements

The height limitations contained in the dimensional and density tables shall not apply to









energy generating facilities utilizing renewable resources, steeples, belfries, cupolas,
antennas, water tanks, ventilators, smoke stacks, chimneys or other appurtenances usually
required to be placed above the roof level and not intended for human occupancy;
however, the heights of these structures or appurtenances thereto shall not exceed any
height limits prescribed by airspace height zones.

(10) Airspace Height Zones

No structure in the Territory shall exceed any height limitations prescribed by the Federal
Aviation Administration or airport zoning regulations within the flight approach zone of
airports.

(11) Exceptions to Setback Requirements

In all zoning districts, every part of every required setback shall be open and
unobstructed at and above ground level, except as provided for herein or as otherwise
permitted in this law.

(A) Sills shall not project over twelve (12) inches into a required setback.

(B) Movable awnings shall not project over two (2) feet into a required
setback, provided that where the yard is less than four (4) feet in width the
projection shall not exceed one-half (0.5) the width of the yard.

(C) Chimneys, pilasters, roof overhangs, unenclosed balconies and stairways
shall not project over three and one-half (3.5) feet into any required side
yard.

(12) Accessory Uses and Structures

No accessory uses or structures shall be located in any required setback except as
provided for below:

(A) In Intensity Districts 1, 2, and 3, accessory uses and structures shall not be
located in required front or side yards, but may be located in required rear yards,
not less than five (5) feet from the rear lot line; provided however, that accessory
structures for the housing of persons, such as a cottage, shall not be located in any
required minimum front, rear, or side yard setback.

(B) On double frontage lots or corer lots, accessory uses and structures shall
not be located in any required setback abutting the public right-of-way, but may
be located not less than five (5) feet from the lot lines of one, but not both
required setbacks that abut upon an adjacent lot.

(C) In all zoning districts, fences, walls, and hedges shall be permitted subject
to the requirements of any landscaping rules and regulations promulgated









pursuant to section 276 of this law.


(D) In all zoning districts, rooftop air conditioning and ventilating units shall
be so screened as to not be visible from the immediate public right-of-way.

(13) Restoration of Unsafe Buildings

Nothing in this law shall prevent the strengthening or restoring to a safe condition any
part of any building declared unsafe by the Department of Planning and Natural
Resources or as required by any lawful order.

(14) Building Grades

Any building requiring yard space shall be located at such an elevation that a sloping
grade shall be maintained to cause the flow of surface water to run away from the walls
of the building, but in such a manner as to not cause run-off of surface water to cause
injury to adjacent properties.

(15) Guts and Drainage Channels

Any encroachment upon or development of guts or drainage channels is prohibited,
unless approved by the Commissioner.

(16) Visibility at Intersections

No wall, fence, sign, shrubbery or trees shall be erected, maintained or planted on any lot,
which obstructs or interferes with the visibility of drivers of vehicles on a curve or at any
street intersection.

(17) Buildings to be Moved to New Lots

Any building that has been wholly or partially erected shall not be moved and/or placed
upon any premises until a permit for such removal shall have been obtained from the
Department of Planning and Natural Resources. When moved onto new premises, such
building shall conform to all the provisions of this law.

(18) Building Permits Required

No building or other structure shall be constructed, reconstructed, enlarged, converted,
erected, moved, added to, structurally altered or demolished without a permit issued by
the Department of Planning and Natural Resources. No building permit shall be issued
except in conformity with the provisions of this law. This subchapter is intended to
supplement, not repeal the provisions of Title 29, Chapter 5 of the Virgin Islands Code.









(19) Heliports

Notwithstanding any law to the contrary, no helicopter landing pad, landing or heliport
shall be established without the prior approval of the Department of Planning and Natural
Resources and the Virgin Islands Port Authority.

(20) Airports

All airports, airfields, runways, hangers, becons, and other facilities involved with aircraft
operations, where permitted, shall be developed in accordance with the rules and
regulations of the Federal Aviation Administration and the Virgin Islands Port Authority
which agencies shall approve the preliminary plans submitted to the appropriate agencies
of the Government of the Virgin Islands, including the Department of Planning and
Natural Resources. Such plans shall be submitted to and approved by the Legislature
before they become effective. Land beneath all aircraft approach lanes, as established by
appropriate aeronautical authorities or airport zoning, which is not part of the airport,
shall be so developed as not to endanger safe flight conditions to and from an established
airport. This provision is supplemental to any adopted airport zoning plan or law.

(21) Lots, yards and open spaces

No space which for the purpose of a building or dwelling group has been counted or
calculated as part of a side yard, rear yard, front yard, court or other open space required
by this law may, by reason of change in ownership or otherwise, be counted or calculated
to satisfy or comply with yard, court or other open space requirement of or for any other
building.

(22) Permitted height, density or bulk

No structure shall be erected, converted, enlarged, reconstructed or structurally altered to
exceed the height limit, density provisions or bulk provisions herein established for the
established land use in the intensity district in which the structure is located, except that
penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating
fans or similar equipment required to operate and maintain a building and fire or parapet
walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys,
smokestacks, individual domestic radio, television aerials and wireless masts, water tanks
or similar structures may be erected above the height limits prescribed in this law. For
the purposes of this section, with the exception of structures in Intensity District 6, no
structure may be erected to exceed by more than fifteen (15) feet the height limit of the
established land use in the district in which it is located; nor shall such structure have a
total area greater than ten (10) percent of the roof area of the building; nor shall such
structure be used for any residential purpose or any commercial purpose other than a use
incidental to the principal use of the building.









(23) Lot limitations


For all residential land uses, only the permitted principle dwelling shall be placed on a
zoning lot or lot of record, with the exception of parcels of record or excepted parcels
which may be so arranged or subdivided as to provide for more principal structures when
the land areas allocated to each structure is equal to or greater than the lot area required
for the designated land use, and structure and land complies with all other requirements
of the land use designation and the district in which it is located. This requirement shall
not apply to planned residential developments.

(24) Accessory buildings for Residential Use Designations

For residential use designations, accessory buildings, except as otherwise provided in this
law, shall be subject to the following requirements:

(A) Where the accessory building is structurally attached to a main building, it
shall be subject to and must conform to all regulations of this subchapter applicable
to main buildings.

(B) Where utility easements exists, no accessory buildings shall be built over
them.

(C) An accessory building not exceeding one (1) story of fifteen (15) feet in
height, may occupy not more than twenty-five (25) percent of a required rear yard
plus forty (40) percent of any non-required rear yard, provided that in no instance
shall the accessory building exceed the ground floor area of the main building.

(D) Group accessory buildings (such as community garages) may be erected in the
rear yard if approved as to location by the Department of Planning and Natural
Resources.

(E) When an accessory building is located on a corner lot, the side lot line of
which is substantially an extension or continuation of the front lot line of the lot to
its rear, said accessory building shall not project beyond the front yard line required
on the lot in the rear of such corner lot.

(25) Dwellings in other than main structure

No residential structure other than the main structure shall be erected upon the rear of a
lot or upon a lot with other dwellings. This shall not apply to planned residential
developments.

(26) Dwellings for Non-Residential Designated Uses

No dwelling shall be erected on any area designated for industrial uses; however, the
sleeping quarters of a watchman or caretaker may be permitted.










(27) Usable Open Space


In addition to any and all other requirements set forth in this section for the provision of
front, side or rear yards, off-street parking and/or loading, there shall be provided for all
multi-family residential designated uses such additional open space as is set forth herein
which shall be used for landscaping and which may be not be used for off-street parking
or loading purposes.

In addition to any and all other requirements set forth in this law regarding the use of
open space, there shall be provided in all multifamily residential developments of nine (9)
units or more, recreational facilities which shall occupy at least five (5) percent of that
area required for open space on the zoning lot.


SUBCHAPTER II. Tables of Permitted Uses and Dimensional and Density Requirements

Section 229. Use Provisions

Land, buildings and water may be used only for those uses set forth in the Tables of Permitted
Uses and other uses similar to those set forth in the Tables of Permitted Uses and Dimensional
and Density Requirements. The Commissioner shall have the discretion to determine similar
uses.

Section 230. Interpretation of Dimensional and Density
Requirements Tables

The column headings of the Tables of Dimensional and Density Requirements shall be
interpreted to mean the following:

(a) Principal Uses Permitted: The primary land, buildings and water uses which are
allowed on a property, as distinguished from an accessory or subordinate use.

(b) Maximum Units/Lot: The highest or greatest amount of dwellings, rooms, or beds, as
appropriate to the use, which are allowed on each plot, parcel, or tract of land occupied or
proposed to be occupied by a structure or use and its accessory structures or uses.

(c) Maximum Units/Acre: The highest or greatest amount of dwellings, rooms, or beds, as
appropriate to the use, which are allowed on each gross acre (43,560 square feet) of
property.

(d) Minimum Lot Sizes Per Principal Use: The least amount of property which may be
approved for the development, construction, or improvement of the principal use and
accessory uses permitted thereon, subject to compliance with performance standards
established in this law and any rules and regulations promulgated thereunder.









(e) Minimum Lot Width Per Principal Use: The minimum mean horizontal distance
between the side lines when measured at right angles to the side lot line; or where side lot
lines are not parallel, the minimum lot width shall be considered as the average distance
between such side lot lines.

(f) Minimum Front Setback: The least distance from the front lot line of a property that
development, construction or improvement may be permitted.

(g) Minimum Side Setback: The least distance from the side lot lines) of a property that
development, construction or improvement may be permitted.

(h) Minimum Rear Setback: The least distance from the rear lot line of a property that
development, construction or improvement may be permitted.

(i) Maximum Building Height: The maximum height of building permissible for a given
use in a given district.

(j) Maximum Lot Coverage: The maximum percentage of the lot, which may be occupied
by buildings or structures, including accessory buildings or structures.


Section 231. Intensity District A: Agriculture

(a) General Description of Character and Intent of District

This district includes areas that are currently or have, in the past, been employed in
agricultural production. It also includes those areas:

with soils suited for agriculture production;
with significant volume of ground water;
with rich vegetation; and
that contribute to recharging of aquifers.

Intensity District A is established as an exclusive district in which agricultural uses and
those uses that are a necessary and integral part of large-scale agricultural operations are
the principal uses of land.

The purpose of this district is as follows:

(1) to preserve a maximum amount of the limited supply of agricultural land
necessary to the conservation of the territory's economic resources, and not
necessarily only to the maintenance of the agricultural economy of the territory,
but also for the assurance of adequate, healthful and nutritious food for future
residents of this territory and its neighbors;

(2) to prevent or minimize land use conflicts or injury to the physical or economic









well-being of urban, suburban, or other non-agricultural uses by agricultural uses.
As a matter of public interest, discourage discontiguous urban development
patterns that unnecessarily increase the costs of community services to
community residents;

(3) to provide for a minimum parcel standard which is appropriate for areas where
soil capability and physiographic characteristics are such that a breakdown of land
into units less than twenty-five (25) acres would adversely affect the physical and
economic well-being of the agricultural community and the community at large.
Agricultural land has definite public values such as open space, and the protection
of areas essential to recharging aquifers; and

(4) to prevent or minimize the negative interaction between various agricultural uses.

(b) Principal Permitted Uses

(1) Agriculture and Aquaculture

Establishments primarily engaged in the production of crops, plants, vines, trees
or animals.

Crop Farming
Floriculture
Horticulture
Dairy Farming
Livestock Production
Fish Hatcheries
Plant Nurseries

(2) Agricultural Product Processing & Storage

Establishments primarily engaged in the processing of food products or
by-products.

Fruit Packing
Canneries
Milk Plants
Warehouses
Fruit and Vegetable Cold Storage

(3) Dwellings

Buildings occupied or intended to be occupied for residential purposes and
supporting activities.

Single-family dwellings









Two-family dwellings


(4) Recreation

Passive recreational areas
Community Park

(5) Limited Public Utilities and Facilities

Auxilary facilities which provide electricity, sanitary services, water and other
related services for public consumption and burial of the dead.













INTENSITY DISTRICT A

Table of Dimensional and Density Requirements


INTENSITY DISTRICT A Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Max Lot
Bldg

Principal Uses Permitted Maximum Area Width Front Side Rear Height Coverage (Percent)
Units/Lot (feet) (feet)


Food Crop Production 25 0 Acres 200

Dairy Farming 150 0 Acres 200

Livestock Production 25 0 Acres 200 25 25 25

Agricultural Product Processing 25 0 Acres 200

One & Two-Family Dwelling 20 25 0 Acres 200 15 15 15 25 5

Agricultural Structures 25 0 Acres 200 25 25 25 35 15

Recreational Facilities 25

Limited Public Utilities





* The Commissioner may grant a minor permit for construction of recreational facilities or public utilities subject to reasonable standards as he deems appropriate.











Section 232. Intensity District 1: Conservation


(a) General Description of Character and Intent of District

This district is located in undeveloped and sparsely developed areas that are
environmentally constrained, lack adequate infrastructure and are not subdivided for
residential or commercial development. Very limited residential development is
accommodated in this district. Those areas with soils especially well suited to agriculture
are also included and performance standards restrict development in certain natural
resource areas, while providing protective measures to ensure that the natural functions of
environmentally sensitive areas such as salt ponds, very steep slopes, wetlands, beaches,
flood plains, mangroves, and aquifer recharge areas are maintained.

(b) Principal Permitted Uses

(1) Agriculture and Aquaculture

Establishments primarily engaged in the production of crops, plants, vines, and trees; and
the operation of hatcheries or preserves. Processing of food products or by-products is
also permitted in this district.

Food crop production activities
Fish hatcheries
Horticultural activities
Livestock production
Plant Nurseries

(2) Dwellings

Buildings occupied or intended to be occupied for residential purposes and
supporting activities.

Single-family dwellings
Two-family dwellings
Multiple-family dwellings
Cluster residential development
Group homes
Plant Nurseries
Bed and breakfast inns


(3) Limited Public Utilities and Facilities

Auxiliary facilities which provide electricity, sanitary services, water and other
related services for public consumption and burial of the dead.










Sewage lift stations
Sewage pumpout facilities
Electrical substations
Warning systems (sirens)

(4) Recreation

Active or passive recreational areas.

Ball Parks
Neighborhood Parks
Playgrounds
Community Parks

(5) Houses of Worship

Churches, mosques, synagogues and other houses of worship













INTENSITY DISTRICT 1

Table of Dimensional and Density Requirements

INTENSITY DISTRICT 1 Minimum Lot Sizes Per Principal Use Minimum Setbacks(feet) Max Bldg Max Lot

Principal Uses Permitted Maximum Area Width Front Side Rear Height Coverage (Percent)
Units/Acre (feet) (feet)


Food Crop Production
*Horticultural Activities
*Livestock Production 5 0 Acres 200 25 25 25
Fish Hatcheries -2 0 Acres 150 25 25 25 25 50
One & Two-Family Dwellings 20 1 0 Acre 100 20 15 20 25 10
Multiple Family Dwellings 20 2 0 Acres 150 50 30 50 35 15
Cluster Residential Development 40 3 0 Acres 200 20 15 20 25
Mobile home parks. 100 3 0 Acres 200 15 15 15 35 30
Group Homes 20 1 0 Acre 100 20 15 20 25 10
Bed and Breakfast Inns 8 (rooms) 1 0 Acre 100 20 15 20 25 10
Sewage Lift Stations 0 5 Acre 100 25 30 25 20 10
Sewage Pumpout Facilities 2,000 sq ft 40 15 10 15 15 40
Electrical Substations 0 5 Acre 100 25 30 25 25 10
Recreational Facilities 2 0 Acres 150 50 50 50 25 10
House of Worship 1 0 Acre 100 50 30 50 35 25
Agricultural Structures 50 50 50 15 5




-* - ,- ^ --:l r - ,- 1. l 1-. 1 ^ ^ -l-'- ^.. -- 1 -1 _l-_ ^ ^ l ^ 1- -, ---


The Commissioner may grant a minor Dermit for foo

** Such facilities may be operated on smaller sub-parcels provided that setback requirements on the larger parcel are satisfied.











Section 233. Intensity District 2: Low Intensity


(a) General Description of Character and Intent of District

This district is located primarily in sparsely developed and undeveloped areas. It also
includes outlying subdivisions that are located outside the service areas of existing sewer
and water lines. These areas are generally serviced by collector roadways and lots
typically front on local streets. District 2 is intended to accommodate low density
residential neighborhoods with active and passive recreational facilities and
neighborhood-oriented commercial activities. This district also encourages small-scale
crop farming and provides for a range of public services.

(b) Principal Permitted Uses

(1) Agriculture and Aquaculture

Establishments primarily engaged in the production of crops, plants, vines, and
trees; and the operation of hatcheries or preserves. No processing of food
products or by-products is permitted in this district. Livestock production is
permitted in this district provided that it meets the minimum area requirement.

Food crop production activities
Horticultural activities
Fish hatcheries
Livestock production
Plant Nurseries

(2) Dwellings

Buildings occupied or intended to be occupied for residential purposes and
supporting activities.

Single-family dwellings
Two-family dwellings
Multiple-family dwellings
Planned residential development
Cluster residential development
Group homes
Bed and breakfast inns
Mobile home parks









(3) Schools


Any public or private institution of learning in the following categories.

Primary
Secondary
Special education/nursery

(4) Retail Trade

Establishments primarily engaged in providing finished
products generally to individuals.

Retail commercial establishments selling principally convenience goods,
including but not necessarily limited to grocery items and drug store
merchandise.

Eating and drinking places including bars, taverns, and restaurants are not
allowed in this district.

(5) Personal and Professional Services

Establishments primarily engaged in providing services generally to individuals.

Barber shops
Beauty salons
Dentists
Doctors

(6) Limited Government Services and Public Utilities and Facilities

Government agencies and entities that provide administrative and public safety
functions to the community. Auxiliary facilities that provide electricity, sanitary
services, water and other related services for public consumption and burial of the
dead.

Postal substations
Libraries
Public safety substations
Sewage lift stations
Sewage pumpout facilities
Electrical substations
Health services
Warning systems (sirens)









(7) Recreation

Active or passive recreational areas.
Ballparks
Neighborhood parks
Playgrounds

(8) Houses of Worship

Churches, mosques, synagogues and other houses of worship














INTENSITY DISTRICT 2

Table of Dimensional and Density Requirements

INTENSITY DISTRICT 2 Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Bldg Max Lot

Principal Uses Permitted Maximum Area Width Front Side Rear Height Coverage (Percent)
Units/Acre (feet) (feet)


*Food Crop Production
*Horticultural Activities
Fish Hatcheries 2 0 Acres 150 25 25 25 25 50
Livestock Production 5 0 Acres 25 25 25
Agricultural Structures 50 50 50 35 5
One & Two-Family Dwellings 40 0 5 Acre 100 15 15 15 25 30
Multiple-Family Dwellings 40 1 0 Acre 150 50 30 50 35 25
Planned Residential Development 60 5 0 Acres 200 25 15 15 35 25
Cluster Residential Development 60 1 5 Acres 150 15 15 15 25
Group Homes 40 0 5 Acre 100 15 15 15 25 25
Mobile home parks 100 3 0 Acres 200 15 15 15 35 30

Primary Schools 5 0 Acres 200 25 25 25 35 25
Secondary Schools 5 0 Acres 200 25 25 25 35 25
Pre-Schools & Nurseries 0 5 Acre 100 15 15 15 25 30
Retail Trade 0 5 Acre 100 25 25 25 25 25
Bed and Breakfast Inns 8 0(rooms) 0 5 Acre 100 15 15 15 25 30
Personal and Professional 0 5 Acre 100 25 25 25 25 25
Services


The Commissioner may grant a minor permit for food crop production or horticultural activities subject to reasonable standards as he deems appropriate













Continued


INTENSITY DISTRICT 2
Table of Dimensional and Density Requirements

INTENSITY DISTRICT 2 Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Bldg Max Lot

Principal Uses Permitted Maximum Area Width Front Side Rear Height Coverage
Units/Acre (feet) (feet) (Percent)


Postal Substations 1 0 Acre 150 25 25 25 25 25
Public Safety Substations 0 5 Acre 100 25 25 25 25 25
Libraries 0 5 Acre 100 15 15 15 25 25
Sewage Lift Stations 0 5 Acre 100 25 30 25 25 25
Sewage Pumpout Facilities 2,000 sq ft 40 15 10 15 15 40
Electrical Substations 0 5 Acre 100 25 30 25 25 25
Public Health Services 0 5 Acre 100 25 25 25 25 25
Recreational Facilities 2 0 Acres 200 50 50 50 25 10
Houses of Worship 1 0 Acre 150 50 30 50 35 25











Section 234. Intensity District 3: Moderate Intensity


(a) General Description of Character and Intent of District

This district is located primarily in areas that are serviced by public sewer and potable
water lines, and are accessed by minor arterial and collector roadways. Large residential
subdivisions and some commercial development typically occur in these areas. This
district accommodates medium-density residential activities, limited office development,
active and passive recreational facilities, smaller scale hotels, as well as neighborhood
oriented commercial facilities.


(b) Principal Permitted Uses



(1) Dwellings

Buildings occupied or intended to be occupied for residential purposes and
supporting activities.

Single-family dwellings
Two-family dwellings
Multiple-family dwellings
Attached housing (townhouses, patio homes, etc.)
Bed and breakfast inns
Planned residential development
Group homes
Mobile home parks



(2) Hotels and Guest Houses

Any building used, or intended to be used, rented or hired out to be occupied or
which are occupied for sleeping purposes by guests. Large hotels and
guesthouses (more than twenty acres in size) are not permitted in this district.
Casino establishments and Casino simulcasting are permitted in this district in
hotels approved in accordance with Title Thirty-two, Chapter Twenty-one,
Section 435 of this Code. Such structures shall have a maximum height
requirement of three (3) stories in historic districts and six (6) stories in all other
districts.









Hostels
Hotels/Guell,' ,t\h,ie

(3) Schools

Any public or private institution of learning.

Primary
Secondary
Special education
Nursery
Art
Business trades

(4) Retail Trade

Establishments primarily engaged in providing finished products generally to
individuals. This district does not permit the operation of automobile sales,
service or repair establishments, including the sale of petroleum products.

Retail establishments principally selling goods, including but not necessarily
limited to grocery items and drug store merchandise.

Retail establishments selling general merchandise, including but not necessarily
limited to any goods, apparel and accessories, furniture and home furnishings,
home electrical equipment and appliances, hardware stores, and department
stores.

Eating and drinking places, not including bars, taverns, drive-in, fast order or
carry-out food establishments.

Neighborhood shopping centers selling goods to meet the daily needs of the
surrounding neighborhood.


(5) Personal and Professional Services

Establishments primarily engaged in providing services generally to individuals.

Barber shops
Beauty salons
Dentists
Doctors
Funeral & crematory services
Shoe repair shops
Opticians









Memorial parks, memorial gardens,
memorial nature preserves or park and perpetual care parks

(6) Business Services

Establishments primarily engaged in rendering services to business establishments
on a contract or fee basis.

Advertising agencies
Legal services
Accounting services
Finance, insurance and real estate services
Employment services
Dental/medical laboratories

(7) Government Services and Limited Public Utilities and Facilities

Government agencies that provide executive, legislative, judicial, regulatory, and
administrative functions. Auxiliary facilities that provide electricity, sanitary
sewer facilities, potable water, and other related services for public consumption
and burial of the dead.

Court houses
Government offices
Postal Services
Public safetyfacilities
Libraries
Sewage lift stations
Sewage pumpout facilities
Electrical substations
Warning systems (sirens)
Radio/Television Transmittal Towers and
Stations

(8) Recreation/Recreational Services

Active or passive recreational areas or establishments engaged in providing
amusement or entertainment services. Night clubs are not permitted in this
district.

Ballparks
Urban parks
Playgrounds
Health clubs
Motion picture (indoors)












(9) Houses of Worship

Churches, mosques, synagogues and other houses of worship













INTENSITY DISTRICT 3

Table of Dimensional and Density Re uirements

INTENSITY DISTRICT 3 Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Bldg Max Lot

Principal Uses Permitted Maximum Area Width (feet) Front Side Rear Height (feet) Coverage (Percent)
Units/Acre


One & Two-Family Dwellings 8 0 10,000 sq ft 75 15 10 10 25 30
Multiple-Family Dwellings 80 0 5 Acre 100 25 15 15 40 20
Attached Dwelling 80 0 5 Acre 100 15 10 10 25 30
Planned Residential Development 100 5 0 Acres 200 15 15 15 40 25
Cluster Development 100 30,000 sq ft 100 15 10 10 35
Group Homes 80 10,000 sq ft 75 15 10 10 25 30
Mobile home parks. 10 3 0 Acres 200 15 15 15 35 30

Hotels/Guesthouses 10(rooms) 1 0 Acres 150 25 15 20 40 20
Bed and Breakfast Inns 10(rooms) 10,000 sq ft 100 15 10 10 25 30
*Hostels 20(beds) 0 5 Acre 100 25 15 15 25 30
Primary Schools 5 0 Acres 200 25 25 25 40 25
Secondary Schools 5 0 Acres 200 25 25 25 40 25
Special Education Facilities 0 5 Acre 100 25 15 15 35 20
Pre-Schools & Nurseries 10,000 sq ft 100 15 10 10 35 25
Art Schools/Business & 0 5 Acre 100 25 15 15 35 20
Trade School
Retail Trade 0 5 Acre 100 25 15 15 25 20
***Neighborhood Shopping 2 0 Acres 200 30 20 20 25 25
Centers
Personal & Professional Service 10,000 sq ft 100 25 15 15 25 20

Memorial parks, memorial gardens, memorial nature preserves or 0 5 Acres 150 25 15 15 35 30
parks and perpetual care parks

Business Servces 10,000 sq ft 100 25 15 15 25 20
20 Acres 200 30 20 20 35 20
Office Parks
20 Acres 200 30 20 20 35 20
Court Houses/Government Offices
Pubc Safety Facties 0 5 Acre 100 25 15 15 35 20
Public Safety Facilities



* Six stories are permitted, except within the Historic Districts, which allows three (3) stories maximum.

** Hostels shall be limited to twenty (20) beds per facility

*** Neighborhood shopping centers shall be limited to a maximum of five (5) acres per shopping center.













Continued


INTENSITY DISTRICT 3
Table of Dimensional and Density Requirements

INTENSITY DISTRICT 3 Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Bldg Max Lot

Principal Uses Permitted Maximum Area Width (feet) Front Side Rear Height Coverage
Units/Acre (feet) (Percent)


Libraries -10,000 sq ft 100 25 15 15 25 25
Sewage Lift Stations 10,000 sq ft 100 25 15 15 25 25
Sewage Pumpout Facilities 2,000 sq ft 40 15 10 15 15 40
Electrical Substations -10,000 sq ft 100 25 15 15 25 25
Recreational Facilities 0 5 Acre 100 25 15 15 30 10
Motion Pictures (indoor 0 5 Acre 100 25 25 25 35 30
Health Services 10,000 sq ft 100 25 15 15 25 25
Houses of Worship 0 5 Acre 100 25 15 15 35 25









Section 235. Intensity District 4: High Intensity
(a) General Description of Character and Intent of District

This district is located in moderate to densely developed areas that are planned to
function as secondary town centers outside the traditional towns. They are located
primarily on major and minor arterial highways and are comprised of moderate to high
density residential development and a full range of commercial activities. Typically,
these areas are serviced by both sewer and potable water facilities.

(b) Principal Permitted Uses

(1) Dwellings

Buildings occupied or intended to be occupied exclusively for residential
purposes and supporting activities.

Single-family dwellings
Two-Family dwellings
Attached housing (townhouses, patio homes, etc.)
Multiple-family dwellings
Bed and breakfast inns
Boarding houses
Group homes

(2) Hotels and Guest Houses

Any building used, or intended to be used, rented or hired out to be occupied, or
which are occupied, for sleeping purposes by guests. Casino establishments and
Casino simulcasting are permitted in this district in hotels approved in accordance
with Title Thirty-two, Chapter Twenty-one, Section 435 of the V.I. Code. Such
structures shall have a maximum height requirement of three (3) stories in historic
districts and six (6) stories in all other districts.

Hotels/Ginrie' \inht ,\
Hostels

(3) Schools

Any public or private institution of learning.

Primary
Secondary
Special education
Nursery
Art
Business trades









Vocational


(4) Retail Trade

Establishments primarily engaged in providing finished products generally to
individuals.

Retail establishments principally selling goods, including but not necessarily
limited to, grocery items and drug store merchandise.

Retail establishments selling general merchandise, including but not necessarily
limited to, any goods, apparel and accessories, furniture and home furnishings,
home electrical equipment and appliances, hardware stores, and department
stores.

Eating and drinking places.

Establishments selling new or used automobiles and trucks, tires for motor
vehicles, and other motor vehicular accessories.

Automotive repair and service stations or garages, including the sale of
petroleum products (but not including motor vehicle junkyard or the open storage
of abandoned motor vehicles).

Neighborhood and regional shopping centers

(5) Personal and Professional Services

Establishments primarily engaged in providing services generally to individuals.

Barber shops
Beauty salons
Dentists
Doctors
Funeral & crematory services
Memorial parks, memorial gardens,
memorial nature preserves or parks and perpetual care parks
Shoe repair shops
Opticians

(6) Business Services

Establishments primarily engaged in rendering services to business establishments
on a contract or fee basis.









Advertising agencies
Legal services
Accounting services
Finance, insurance, and real estate services
Employment services
Dental/medical laboratories.

(7) Government Services and Limited Public Utilities and Facilities

Government agencies that provide executive, legislative, judicial, regulatory and
administrative functions to the community. Auxiliary facilities that provide
electricity, sanitary sewers, water, and other related services for public
consumption and burial of the dead.

Postal services
Coi i1 i/hn ,u%
Government offices
Public safety facilities
Consulates
Libraries
Sewage lift stations
Sewage pumpout facilities
Electrical substations
Warning systems (sirens)

(8) Recreation/Recreational Services

Active or passive recreational areas or establishments engaged in providing
amusement or entertainment services.

Ballparks
Urban parks
Playgrounds
Night clubs
Health clubs
Motion picture (indoors)

(9) Light Manufacturing

The processing or assembling of materials or substances into finished products,
conducted entirely within enclosed buildings and not having offensive
characteristics.

Bakeries
Canvas goods
Beverages









Leather goods
Jewelry and precious metals manufacture and assembly
Glassmaking
Water distillation
Watch assembly


(10) Light industrial/storage/distribution

Establishments engaged in mechanized personal, business, and repair services.

Dry cleaners
Warehousing/motor freight terminal
Wholesale trade and distribution

(11) Houses of Worship
Churches, mosques, synagogues and other houses of worship














INTENSITY DISTRICT 4

Table of Dimensional and Density Requirements

INTENSITY DISTRICT 4 Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Max Lot
Bldg

Principal Uses Permitted Maximum Area Width Front Side Rear Height Coverage (Percent)
Units/Acre (feet) (feet)


One & Two-Family Dwellings 20 0 4,000 sq ft 40 10 5 5 25 40
Attached Dwelling 20 0 6,000 sq ft 10 10 25 40
Multiple-Family Dwellings 25 0 6,000 sq ft 75 25 15 20 40 35
Boarding Houses 20 (rooms) 0 5 Acre 100 25 15 15 25 35
Group Homes 20 0 4,000 sq ft 75 10 5 5 25 40
Hotels/Guesthouses 40(rooms) 1 0 Acre 150 25 20 50 45 35
Bed and Breakfast Inns 16(rooms) 4,000 sq ft 40 10 5 5 25 40
Hostels 30(beds) 0 5 Acre 100 25 20 50 25 30
Primary Schools 2 0 Acres 200 25 25 25 45 30
Secondary Schools 5 0 Acres 200 25 25 25 45 30
Special Education Facilities 3,000 sq ft 40 25 15 15 35 35
Pre-Schools & Nurseries 3,000 sq ft 40 25 15 15 35 35
Art Schools/Business
Trade Schools 10,000 sq ft 100 25 25 25 35 35
Vocational Schools 5 0 Acres 200 50 50 50 35 35
Retail Trade 6,000 sq ft 75 25 15 20 35 30
New & Used Car Sales & Services 1 0 Acre 125 50 25 50 25 15
Auto Repair & Service Stations 10,000 sq ft 100 25 15 20 25 15
Neighborhood/Regional Shopping Centers 2 0 Acres 200 30 20 20 35 20
Personal & Professional Services 6,000 sq ft 75 25 15 20 35 30
Memoral parks, memorial gardens, memorial
nature preserves or parks and perpetual care parks 10000 sq ft 100 25 15 20 30 30
Business Services 6,000 sq ft 75 25 15 15 35 30













Continued


INTENSITY DISTRICT 4

Table of Dimensional and Density Requirements

INTENSITY DISTRICT 4 Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Max Lot
Bldg

Principal Uses Permitted Maximum Area Width (feet) Front Side Rear Heigh Coverage (Percent)
Units/Acre t
(feet)

Office/Parks 2 0 Acres 200 30 20 20 45 30
Post Offices 1 Acre 150 50 25 50 25 20
Court Houses/Government Offices 1 Acre 150 50 25 50 35 25
Public Safety Facilities 10,000 sq ft 75 25 15 20 35 25
Consulates 10,000 sq ft 75 25 15 20 25 25
Libraries -10,000 sq ft 100 25 15 20 35 30
Sewage Lift Stations 5,000 sq ft 75 20 10 10 25 25
Sewage Pumpout Facilities 2,000 sq ft 40 15 10 15 15 40
Electrical Substations -5,000 sq ft 75 20 10 10 25 25
Health Services 10,000 sq ft 75 25 15 20 35 25
Recreational Facilities 10,000 sq ft 75 25 15 20 25 10
Night Clubs/Health Clubs 10,000 sq ft 100 25 30 25 25 25
Motion Pictures (indoor) 10,000 sq ft 100 25 25 25 35 25
Houses of Worship 10,000 sq ft 100 25 30 25 35 30
Light Manufacturing 0 5 Acre 100 30 20 20 35 25
Sewage Treatment Plant 2 0 Acre 150 75 75 75 25 25
Motor Freight Terminals 0 5 Acre 100 30 20 20 35 25
Warehousing/Wholesale 0 5 Acre 100 30 20 20 35 25
Distribution











Section 236. Intensity District 5: Urban
(a) General Description of Character and Intent of District

This district is located in the traditional towns, characterized by high intensity residential,
commercial and other central business district functions that provide a full range of
pedestrian-oriented commercial activities and urban services. This district does not
include highway-oriented commercial activities, such as supermarkets and shopping
centers.

(b) Principal Permitted Uses

(1) Dwellings

Buildings occupied or intended to be occupied exclusively for residential
purposes and supporting activities.

Single-family dwellings
Two-family dwellings
Attached Housing (townhouses, patio homes, etc.)
Multiple-family dwellings
Bed and breakfast inns
Boarding houses
Group homes

(2) Hotels and Guest Houses

Any building used, or intended to be used, rented, or hired out to be occupied for
sleeping purposes by guests. Casino establishments and Casino simulcasting are
permitted in this district in hotels approved in accordance with Title Thirty-two,
Chapter Twenty-one, Section 435 of the V.I. Code. Such structures shall have a
maximum height requirement of three (3) stories in historic districts and six (6)
stories in all other districts.

Hotels/Grie' h rin ,\i
Hostels

(3) Schools

Any public or private institution of learning.

Primary
Secondary
Special education
Nursery









Art/Business trades
Vocational

(4) Retail Trade

Establishments primarily engaged in providing finished products generally to
individuals.

Retail establishments principally selling goods, including but not necessarily
limited to grocery items and drug store merchandise.

Retail establishments selling general merchandise, including but not necessarily
limited to dry goods, apparel and accessories, furniture and home furnishings,
home electrical equipment and appliances, hardware stores, and department
stores.

Eating and drinking places, not including drive-in food establishments.

Retail establishments selling merchandise including, but not necessarily limited
to, jewelry, gifts, toiletries, photographic equipment and liquor.

(5) Personal and Professional Services

Establishments primarily engaged in providing services generally to individuals.

Barber shops
Beauty salons
Dentists
Doctors
Funeral & crematory services
Shoe repair shops
Opticians

(6) Business Services

Establishments primarily engaged in rendering services to business establishments
on a contract or fee basis.

Advertising agencies
Legal services
Accounting services
Finance, insurance and real estate services
Employment services Dental/medical laboratories










(7) Government Services and Limited Public Utilities


Government agencies that provide executive, legislative, judicial, regulatory and
administrative functions to the community. Auxiliary facilities that provide
electricity, sanitary sewer services, water and other related services for public
consumption.

Postal services

Government offices
Public safety
Consulates
Libraries
Sewage lift stations
Sewage pumpout facilities
Electrical substations
Warning systems (sirens)


(8) Recreation/Recreational Services

Active or passive recreational areas or establishments engaged in providing
amusement or entertainment services.

Amusement parks
Ballparks
Urban parks
Playgrounds
Night clubs
Health clubs


(9) Houses of Worship

Churches, mosques, synagogues and other houses of worship


(10) Miscellaneous Light Industry

Establishments engaged in certain mechanized personal services and limited food
production.









Laundry/Dry Cleaning
Laundromat
Bakeries














INTENSITY DISTRICT 5

Table of Dimensional and Density Requirements

INTENSITY DISTRICT 5 Minimum Lot Sizes Per Principal Use Minimum Setbacks (feet) Max Bldg Max Lot

Principal Uses Permitted Maximum Area Width (feet) Front Side Rear Height (feet) Coverage
Units/Acre (Percent)


One & Two-Family Dwellings 240 3,000 sq ft 30 *5 5 5 35 40
Attached Dwelling 240 4,000 sq ft *5 5 35 40
Multiple-Family Dwellings 300 4,000 sq ft 40 *5 10 15 40 40
Boarding Houses 20 (rooms) 10,000 sq ft 75 10 10 15 35 35
Group Homes 240 3,000 sq ft 30 *5 5 5 35 40
Hotels/Guesthouses 60 (rooms) 0 5 Acre 100 15 10 45 40
Bed and Breakfast Inns 16 (rooms) 3,000 sq ft 30 *5 5 5 35 40
Hostels 30 (beds) 10,000 sq ft 75 10 10 15 35 35
Primary Schools 1 Acre 125 25 10 10 45 40
Secondary Schools 5 Acres 200 25 25 25 45 40
Special Education Facilities 3,000 sq ft 30 *5 5 5 35 40
Pre-Schools & Nurseries 3,000 sq ft 30 *5 5 5 35 40
Art Schools/Business
Trade Schools 10,000 sq ft 75 10 10 15 35 45
Vocational Schools 5 Acre 100 10 15 25 45 40
Vocational Schools
20 *5 10 35 50
Retail Trade
Retail Trade 20 *5 10 35 50
Personal & Professional Services 20 10 35 50
20 *5 10 35 50
Business Services 20 10 35 50
5,000 sq ft 100 20 20 20 25 60
Auto Service Stations
or Automotive Repair 5,000 sq ft 100 20 20 20 25 60
Minor Automotive Repair
Establishment
10,000 sq ft 75 *5 10 45 40
Post Offices 10,000 sq ft 75 *5 10 45 40
Court Houses/Government Offices 10,000 sq ft 75 *5 10 45 40
Public Safety Facilities
Msce100 30 20 20 35 50
Miscellanous Light Industry


No front setback required if sidewalk exists




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