Zoning Code of the Commonwealth of the Northern Marianas Islands (P.L. 6-32)

0 of of 96950 FOR OFFICIAL USE GOV. NMI SAIPAN REPLY TO: DEPT. or ACTIVITY 0 0 The M. Sablan Acting Speaker Sixth Northern Marianas Saipan, MP 96950 Commonwealth Legislature and The Honorable Benjamin T. Manglona Senate President Sixth Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. Acting Speaker and Mr. President: 2 7 1989 GOV. COMM. (HOUSE) This is to inform you that I have signed into law House Bill No. 6-25, H.D.3, "The Zoning Code of the commonwealth of the Northern Mariana Islands", which was passed by the Sixth Northern Marianas Legislature. This measure differs from the previous ones in that it establishes a Zoning Board, that would prepare a Zoning Plan which shall be submitted to the Legislature for approval by the Legislative Delegation of the affected Senatorial District. Further, it mandates the Board to hold open public hearings in all major villages in order to solicit public opinion and input on any proposed Land Use Districts, boundaries, and regulations. In addition, the Zoning Plan would be put before the voters, in the form of a legislative initiative, to accord the people of the Senatorial District to which such Plan applies, the opportunity to approve or reject such Zoning Plan. There are numerous minor technical concerns that should be reviewed and clarified by the Legislature to avoid any confusion which might arise in the future. My staff will be ready to assist at any time. Public Law No. 6-32, of which copies are forwarded for your ready reference. Sincerely, ED P G ove r d r CC: Special Assistant for Programs and Legislative Review €ommontutaltb tbt Jllort{Jtm ,fflariana .Jslanbi '9ffict tbt •obtmor ~aipan, Jllariana cl1land1 JUH ~ ••.•;.:it¥'.~l ti CABLE ADDRESS Honorable Benigno (;-/!J S.0.1, S.C.S.1, / ;r~ecomes l , , HOUSE MARIANAS COMMONWEALTH LEGISLATURE SECOND SPECIAL SESSION, 1989 PUBLIC NO. 6-32 HOUSE BILL NO. 6-25, House Draft 3, Senate Draft 1, Senate Committee Substitute 1 AN ACT TO ESTABLISH THE ZONING CODE OF THE COMMONWEALTH OF NORTHERN MARIANA ISLANDS AND FOR OTHER PURPOSES. Offered by Representatives: M. Sablan, Antonio M. Camacho, Pedro R. Guerrero, Juan S. David C. Sablan and Manuel C. Sablan Date: January 20, 1988 HOUSE ACTION Referred to Committee on Natural Resources Standing Committee Report No. 6-1 and First Reading: February 11, 1988 Second Reading: September 16, 1988 Final Reading: May 16, 1989 SENATE ACTION Referred to Committee on Resources and Development Standing Committee Report No. 6-119 First Reading: January 18, 1989 Second and Final Reading: April 13, 1989 FRANCES P. Acting House Clerk House of Representatives . OY RE~RESENTATIVES SIXTH NORTHERN TijE Vicente Reyes, 6-lA HERN~ MAY 2 4 fh· PUBLIC LAW 6-32 SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE H.B. NO. 6-25, House Draft 3, Senate Draft 1, Senate Committee Substitute 1 FIRST REGULAR SESSION, 1988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ACT To establish the Zoning Code of the Commonwealth of the Northern Mariana Islands and for other purposes. BE IT ENACTED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: SECTION 1. Amendment. Title 2 of the Commonwealth Code amended to add a new Division 7 to read as follows: 7. The Building and Zoning Codes. CHAPTER 1. T HE BUI LDING CODE CHAPTER 2. THE ZONING CODE Section 7201. SHORT TITLE. This law may be cited as Zoning Code of the Commonwealth of the Northern Mariana Islands. ARTICLE 1. GENERAL Section 7211. and (a) The Sixth Northern Marianas Legislature finds that there is a developing awareness of the need to promote a rational pattern of growth, to provide for competing land uses, to abate nuisances, and to manage all environmental resources of the Commonwealth as wisely as possible. (b) Satisfaction of this need requires a legal system of land use guidance that is consistent with the aspirations and values of the people, helps them maintain a desirable lifestyle, produces appropriate NO. is "Division [RESERVED) "The " Purpose Objectives. House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 types and levels of development for the Commonwealth, and preserves the environment for future generations. Land use controls must also be practical and responsive to changing circumstances. (c) The scarcity and increasing value of land, concentration of ownership, and the problem of land alienation makes difficult to obtain suitable home sites. The Commonwealth land use policy must, therefore, designate suitable and adequate lands for housing. (d) The purposes of this Act are to meet the needs identified in (a) through (c) of this Section, and to that end to establish and provide for a Commonwealth Zoning Board and professional staff to prepare for review and adoption by the Legislature, and to administer subsequent to enactment, a land use and zoning system that protects the interests of both present and future land owners and the general public. Section 7212. and Jurisdiction. (a) It shall be the policy of the Commonwealth, implemented by the Zoning Board to: (1) protect the health, safety, and general welfare of the residents of and visitors to the Commonwealth; (2) promote and encourage basic public ', it 18 Policy 2 I .. · .. I . House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 the services which meet the needs of the people; (3) promote and provide for the wise use of natural resources, including land, water, and biological resources; (4) respect the indigenous cultures by preserving archaeological, historical, and architectural resources; (5) promote the conservation of nonrenewable resources; (6) actively encourage conversion to renewable energy sources: and (7) adopt a flexible system of zoning that allows for a mixture of uses and that avoids nuisances by measuring the compatibility of proximate uses against quantifiable performance standards. (b) This Act shall apply to the use of lands in Commonwealth by any person, who has use or 19 20 ownership, leasehold, homestead, use permit, statutory 21 authority, or other instruments. Provided, that this 22 Act shall not apply to the islands of the First and 23 Second Senatorial Districts except by enactment of an 24 appropriate local law so applying this Act to a 25 particular Senatorial District. dispositional rights accorded them by virtue of land ... .... ... • I I I' ~ ',, · .. 3 ,, I House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Following such enactment, a Zoning Board member for the Senatorial District to which this Act newly applies shall be appointed and seated pursuant to Section of this Act. The Zoning Board shall then create a zoning plan for the such Senatorial District, using the same procedures, educational efforts, and time frames provided this Act for creation and adoption of a zoning plan for the Third Senatorial District, except that the Zoning Advisory Council for the Senatorial District to which this Act newly applies by local law shall be created by the same local law. The Zoning Board shall submit such zoning plan to the Legislature for approval by the Legislative Delegation of the effected District pursuant to Section (4). (c) All use of land must be consistent with the provisions of this Act. Uses which are not consistent shall be violation of this Act. Section 7213. Definitions. As used in this Act: (a) means this legislation and the regulations issued under its authority. (b) means an area of land established as a Land Use District. Except, means a Senatorial District when used Section and Section (f), and (k), or when modified by the 3 4 5 722l(k) in "Act" "District" 7221(e), 7221(c) 4 in "District" in 7212(b) I I . .' House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 word (c) means the proposal of the Zoning Board submitted to the Legislature accordance with the provisions of this Act which shall include, but is not limited to, these components of a plan of zoning: (1) a system of land use Districts setting out the purposes and land uses characteristic of each such District, the uses prohibited within each, the uses permissible within and any special requirements governing such uses; (2) those quantifiable performance standards which shall be employed in determining whether a particular use or structure is within a particular District; (3) maps showing the boundaries of each District proposed; and (4) if appropriate to the system of zoning proposed, standards and procedures for issuance of variances and conditional use permits. The Zoning Plan shall be constructed in statutory form as appropriate. includes areas above and below the ordinary high water mark. (e) "Non-Conforming means a structure or use ... "Senatorial". "Zoning Plan" in eadh, permissible (d) "Land" Use" 5 I House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 that is not permitted by laws and regulations currently in effect. (f) means any individual, estate, firm, corporation, company, joint venture, association, partnership, trust, receiver, club, syndicate, cooperative association, or other entity, including agencies and offices of the Government of the Commonwealth. includes lessees and homesteaders of real property. (h) means any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner. ARTICLE 2. ADMINISTRATION Section 7221. Board: Creation. Term, 18 19 (a) Creation. There established the 20 Commonwealth Government a Zoning Board. 21 (b) General Responsibilities. The Zoning Board 22 shall be responsible for the following: 23 (1) to educate the public about this Act and 24 the requirement for compliance; such educational 25 program shall be mandatory and shall be "Person" (g) "Owner" "Structure" zoning Responsibilities, composition, compensation. Meetings. Appeals, is in 6 I House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 undertaken prior to submission of the Zoning Plan of the Board to the Legislature: (2) to administer and enforce this Act; (3) to hear and grant or deny applications for changes Land Use District boundaries, uses or requirements, imposing such conditions as are deemed necessary to fulfill the purposes and policies of this Act; (4) to establish fees for processing of applications and for other procedures required or authorized by this Act: (5) to report annually on its activities to the Legislature; and (6) to hire and supervise the activities of the Zoning Administrator. (c) Specific Responsibilities: Zoning Plan. The Zoning Board shall be responsible for preparing the Zoning Plan for the Third Senatorial District in accordance with the guidelines provided in Section 7231 herein and consistent with the policies and purposes of this Act. (1) Public Participation. In coordination with the Zoning Advisory Council the Zoning Board shall hold open public hearings on the island of Saipan, in at least all major villages, to in 18 7 ·1•·· . ,.·· '•• ,· I House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 solicit public opinion on proposed Land Use Districts, boundaries and regulations. (2) Zoning Advisory Council. The Zoning Board shall give due consideration to the recommendations of the Zoning Advisory Council the preparation of the Zoning Plan. (3) Coordination with MPLC. To the greatest extent feasible, the Zoning Board shall coordinate its responsibility for obtaining public comment on proposed land uses, as per subsection of this Section, with the public comment activities of the Marianas Public Land Corporation (MPLC), or its successor agency, as MPLC fulfills its responsibility to adopt a comprehensive land use plan for the public lands of the Commonwealth. To the greatest extent feasible, the Zoning Board shall coordinate the Zoning Plan with the comprehensive land use plan for public lands adopted by MPLC. (4) Report to Legislature, Adoption of Zoning Plan. Within eight months of the date all its members are confirmed by the appropriate Legislative Delegation, the Zoning Board shall submit its completed Zoning Plan to the in (c) (1) 8 House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Legislature. The Legislative Delegation of the effected Senatorial District shall have 60 days from submission within which to approve, or amend and approve, the Zoning Plan, by a separate local law duly enacted. Delegation to act within this time shall automatically place the approval of the Zoning Plan before the voters of the Senatorial District to which such Zoning Plan applies in the form of a legislative initiative. Failure of the Legislative The initiative, to approve or disapprove the Zoning Plan, shall be voted upon no sooner than 105 days after submission of the Zoning Plan to the appropriate Legislative Delegation. The initiative shall shall be held no later than 120 days after submission, or, at the same time as a general election, if such general election occurs with 180 days of submission. If the initiative petition approved by the voters, the Zoning Plan shall become law upon certification of the election results. (d) Regulations. The Zoning Board shall promulgate regulations to carry out the intent and purposes of this Act. The Zoning Board shall adopt .. • I .. • is 9 House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 such regulations within 6 0 days of adoption of the Zoning Plan into law. (e) Composition, Qualifications. The Board shall consist of seven persons, appointed by the Governor, subject to the confirmation of the Legislative Delegation of the Third Senatorial District. The Governor shall make all such appointments within thirty days of the effective date of this Act or of a vacancy occurring on the Board. Upon failure of the Governor to make such appointments, the Chairman of the appropriate Legislative Delegation shall appoint the remaining members of the Board. Appointments by the Chairman shall be subject to confirmation by a majority vote of the Delegation. The Legislative Delegation shall have thirty days from the date of being informed of an appointment by either the Governor or the Chairman of the Delegation to confirm or reject such appointment. within this time shall be deemed an acceptance of the appointment. Failure to Each member of the Board shall be either of Northern Marianas descent, as defined Article XII, Section 4 , of the Constitution, or shall be a United States citizen or national, who has been domiciled in the Commonwealth for a minimum of five consecutive 10 l j act/ 1 .) in House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years prior to selection. Each member shall be qualified to vote in the Commonwealth, be at least twenty-one years of age, and shall not be an employee or officer of Commonwealth Government. (f) Term. (1) Initial Term. The terms of initial Board members shall commence upon confirmation of the appointment by the appropriate Legislative Delegation and run until the second Monday of January, 1992. Commencing with the regular general election on the first Saturday in November, 1991, and every two years thereafter on that date, the name of each Board member shall be placed upon the ballot for those Senatorial Districts to which this Act applies. of said Districts shall to or remove The voters each such member. , (2) Subsequent Appointments. The terms of subsequent appointees shall commence upon confirmation of the appointment by the appropriate Legislative Delegation and run until the second Monday of January following the next regular general election at which Board members stand for retention. Compensation. The members of the Board shall 11 elect retain ', ' ' ( g) House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be compensated at the rate established for Board Members of Government Corporations and Councils by Public Law 4-32 (1 CMC, Section 8247, or as amended). (h) Vacancy. caused by death, resignation, or removal, the Governor shall appoint a replacement with the qualifications and the manner prescribed subsection (e) of this section. Upon a vacancy on the Zoning Board (i) Removal of a member. A Zoning Board member shall be removed by the Governor for conviction of a felony by a trial court, or for absence, in any twelve month period from more than 50% of, or from three consecutive, duly noticed, regular meetings of the Board, unless such absence is the result of a documented health problem. In addition, in matters pertaining to the Board, a member shall be removed for breach of fiduciary trust or for an intentional violation of conflict of interest prohibitions, upon the vote of a majority of the other Board members. (j) Meetings. The Board shall meet at least once a month, or as necessary to discharge its responsibilities without undue delay. Either the Chairman or any three members may call a meeting. Advance public notice in, at least, one newspaper of local circulation shall be provided, for, at least, 12 in in . House Bill No. 6-25 House Draft 3 , Senate Draft 1, Senate Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two weeks prior to a meeting. except for those meetings dealing with termination, hiring, or discipline of the Administrator, shall be open to the public. participation at meetings shall be provided. decisions of the Board shall be made other than a duly noticed public meeting. The Board shall adopt rules of procedure necessary for the conduct of its operations and meetings. A majority of the Board members required to transact official business consistent with other applicable Commonwealth law. Meetings of the Board, The opportunity for public No A written record of all meetings shall be kept and be available for public inspection. Such records shall include clear statements of how and why decisions were made. Copies of such records shall be available to the public upon payment of a reasonable copying cost. (k) In the event either the First or Second Senatorial District elects, pursuant to Section to apply this Zoning Code to their respective Senatorial District, an additional member for such District shall be added to the Board by appointment of the Governor, subject to confirmation by the appropriate Senatorial District Delegation, as provided subsection (e) of this Section. All other 13 Committee in is 7212(b), in House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provisions of this Act regarding Board members shall apply to Board members of the First or Second Senatorial Districts. (1) Appeals. An applicant may appeal a determination of the Zoning Board pursuant to the provisions of 1 CMC, Division 9, Section 9112, or as amended; except, the Court shall act upon such appeals within 60 days of the written record of the relevant Zoning Board meeting being made available to the Court. Section 7222. Administrator: Creation, (a) Creation of Position. There is established the Commonwealth Government the position of Zoning Administrator. The Administrator shall serve at the pleasure of the Board. The Administrator shall have at least a baccalaureate degree, but preferably a graduate degree, planning or a related field, and five years of progressive experience in land use planning, comprehensive planning, or land use administration. All other qualifications of applicants being equal, preference in hiring will be given the applicant with the most advanced degree in planning or a related field. (b) Responsibilities. The Zoning Administrator 14 '' zoning Responsibilities, Staffing, in in I . House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 a 9 10 11 12 13 1 4 15 16 17 18 19 20 21 2 2 23 2 4 25 shall have the following duties: (1) To act as staff to the (2) To maintain and keep custody of the dockets, files and records of the Zoning Board; (3) To prepare and maintain all necessary land use and zoning maps: and ( 4 ) To carry out the directives of the Zoning Board. (c) Staffing. The Zoning Administrator may, subject to legislative appropriation, staff an office order to execute the purposes of this Act. Hiring and firing of staff shall be the sole responsibility of the Administrator. (d) Annual Report. The Zoning Administrator shall secure from the Commonwealth Trial Court, Office of the Recorder, on an annual basis, a detailed inventory of all land transactions, involving one or more parties of non-CNMI descent, and report this information to the Zoning Board and to the Legislature. The report shall indicate the name of each individual involved in the land transaction, amount and location of acreage involved, period of lease, and intended use, if known. The Commonwealth Trial Court shall cooperate in assisting the Administrator securing the information for this 15 '. Zoning Board; in in House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 annual report. Section 7223. Z Council. (a) There is established in the Commonwealth a Zoning Advisory Council. (b) Purpose. The Zoning Advisory Council established to: (1) advise the Zoning Board on the appropriate components of the Zoning Plan. (2) advise the Zoning Board on any proposed initial regulations to implement this Act. (c) Composition. The Council shall consist of the Mayors of Saipan and the Northern Islands; the Special Assistant for Carolinian Affairs: the Special Assistant for Indigenous Affairs; the Chairman or designee of the Board of the Marianas Public Land Corporation; the President or designee of the Saipan Chamber of Commerce; the Governor's Special Assistant for Socioeconomic Planning; the Chief of the Division of Environmental Quality of the Department of Public Health and Environmental Quality: the Administrator of the Office of Coastal Resources Management; the Historic Preservation Officer of the Department of Community and Cultural Affairs; the Chairman or designee of the Board of Directors of the Commonwealth Development Authority; the Chairman or designee of the 16 I onina Advisory is I t House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 Board of the Commonwealth Utility Corporation; the President or designee of the Northern Marianas Council: a representative of the Soil Conservation Service of the United States Department of Agriculture: the Director or designee of the Department of Natural Resources: the Director or designee of the Department of Commerce and Labor; the Director or designee of the Department of Public Works: the President or designee of the Northern Marianas Hotel Association: the President or designee of the CNMI Contractors Association; the Chairman or designee of the Board of the Saipan Farmers Cooperative; and the Chairman or designee of the Board of the Public School System. In addition, the Governor shall appoint one member of the public representing fisheries and designate one member of the Council as Chair of the Council, until such time as the Council elects its own Chair. One staff member each from the Commonwealth House Natural Resources and Senate Resources and Development Committees shall be appointed by the respective Committee Chairman to the Advisory Council. (d) Term. All members shall serve until the The Zoning Zoning Board submits its Zoning Plan. Advisory Council shall then be disbanded. 17 Technical/Professional 22, House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 (e) Compensation. The members of the Council 2 shall receive no compensation, but shall be reimbursed 3 for reasonable and necessary expenses at established 4 Commonwealth Government rates for meetings actually 5 attended. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (f) Meetings. All meetings of the Council shall be open to the public and the opportunity for public participation shall be provided. A written record of all meetings shall be kept and made available for public inspection. Such records shall include clear statements of how and why decisions were made. ARTICLE 3. ZONING DISTRICTS Section 7231. Land Use Districts. (a) Creation. Land Use Districts shall be established to preserve, protect and encourage the development of lands the Commonwealth for those uses to which the lands are best suited in accordance with sound planning principles and in the interest of the health and welfare of the people of the Commonwealth. In preparing its Zoning Plan the Zoning Board shall, addition to carrying out the stated general purposes and policies of this Act, specifically establish and employ: (1) standards for subdivision development; ( g) in in 18 , .. II· ',V a. , I . House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 1 2 13 1 4 15 16 17 18 19 20 21 22 23 2 4 25 (2) a system of flood control and flood plain, wetlands, and watershed management: (3) provisions which encourage fresh water conservation: ( 4 ) provisions which encourage energy conservation and conversion to renewable energy sources, particularly protecting lands which would be suitable for use in association with an ocean thermal energy conversion system: (5) restrictions on the placement and size of commercial advertising (6) protections for lands having special, exceptional, critical, or unique biological productivity, the loss of which would jeopardize the continued existence of any species of wildlife on any island or its surrounding waters; (7) protections for lands having special, exceptional, critical, or unique scenic, historic, archaeological, architectural, topographic, geologic, ethnologic, scientific, cultural, or recreational significance: ( 8 ) commercial areas and within lands which are a primary focus of the tourism industry, restrictions and requirements which protect the aesthetic and utilitarian values of 19 signage; in House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these areas, including, but not limited to, minimum lot size, density, setback, landscaping, parking, site coverage, and building height; and (9) protections for lands in intensive agricultural use or with a high capacity for growing crops, including, but not limited to, flowers, foliage, fruits, forage and timber, or for the raising of livestock or the propagation of fish or game. To the extent compatible with Commonwealth laws and Constitutional provisions on the management of public lands, the Zoning Plan shall promote or create a system of public parks, beach accesses, recreation areas, and wild and natural areas. The Board shall also endeavor to structure the Zoning Plan so that its effect upon the present economic values of land relatively neutral. Lastly, the Zoning Board shall avoid zoning that precludes the building of a residence on a homestead property, because of minimum lot size requirements. (b) Maps. Once adopted by law, the maps showing the boundaries of Districts shall be kept permanently on file the Zoning Administrator's office. ARTICLE 4. NON-CONFORMING USES; CHANGES IN BOUNDARIES, USES AND REOUIREMENTS 20 is in ... Ii House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 7241. Uses or Structures: Continuance. Uses and Structures, Areas and Parcels, Casual or Illeaal Uses, of Fact, Illeaal U s e s . (a) Continuance of Non-Conforming Uses and Structures. Board its proposed Zoning Plan and which become law by enactment of the Legislature or by popular initiative, as provided in Section 7221 of this Act, or within the boundaries of such Districts later established, there may be lots, structures, or uses of land and structures that were lawful prior to the enactment of the Zoning Plan but which would be prohibited or restricted under the Zoning Plan, as enacted, or under future amendments. The provisions of this Section are intended to reasonably expedite the eventual elimination of existing uses or structures that are not in conformity with the enacted Zoning Plan. However, applying these provisions, no elimination of non-conforming uses or structures shall be effected so as to cause unreasonable interference with established property rights or unreasonable hardship upon the property owner or user. Within the Districts designated by the (b) Non-conforming Uses or Structures. Any lawful structures, or use of lands or structures 21 Non-conforming Question Non-conforming in in Ii • House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 standards and procedures to determine the percentage of damage to structures. (c) Non-Conforming Areas and Parcels. A lot of record may be occupied by any use permitted by this Act within the District which the lot situated. Casual or Illegal Use of Land. A casual, intermittent, temporary, or illegal use of lands or structures shall not be sufficient to establish the existence of a non-conforming use. (e) Existence of Non-Conforming Use is a Question of Fact. be a question of fact and shall be decided by the Zoning Board. applicant. Whether a non-conforming use exists shall The burden of proof lies with the (f) Illegal Non-Conforming Uses. An illegal, non-conforming structure or use of land or structure shall not be validated by the adoption of regulations. The Board shall annually report to the Legislature on the number and type of non-conforming structures and uses and make recommendation for acquisition of such sites by purchase or land exchange. Section 7242. Boundaries, Uses and (a) District Changes. Changes Land Use 23 in is (d) (g) Chanqes in Requirements. in I: House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 District boundaries, uses and requirements shall be consistent with the purposes of this Act, the Coastal Resources Management Act, and the provisions of this subsection. (1) Initiation. Changes may be initiated by the Zoning Board, the Zoning Administrator, or by application of a person to the Zoning Board. (2) Administrative Findings. The Zoning Administrator shall review proposed changes and shall issue a finding and recommendation to the Board within 30 days of the initiation. (3) Determination. The Zoning Board shall make its determination within 60 days of the date of the public hearing. The Board shall immediately forward notice of any change to the applicant, the Governor, and the presiding officers of the Legislature and shall publish notice of the change in a newspaper of general circulation the Commonwealth. The Administrator shall record any boundary change on the official Land Use District Maps. (4) Legislative Review. Any change District boundaries, uses or requirements may be amended or changed by law enacted by the Legislative Delegation of the affected Senatorial 24 Q in in House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 District. (5) Protection of Uniquely Valuable Lands. Lands in intensive agricultural use or with a high capacity for soil based agricultural or other method of food production shall not be taken out of the District designated for such uses if to do so will significantly impair the agricultural or food productivity of the Commonwealth. Similar consideration shall be given to lands suitable for aquaculture and ocean energy conversion. ARTICLE 5. PROCEDURES, FEES, AND PENALTIES Section 7251. blic Participation: Notice, Rules of Procedure. (a) Public Hearings. The Board shall hold at least one public hearing, providing ample, advance public notice of at least 30 calendar days, in the Senatorial District to be affected by any proposed change of District boundary, uses or requirements. (b) Rules of Procedure. The Board shall prescribe rules of procedure to govern the publishing of public notices and the conduct of public hearings. The applications, filings, determinations, and records kept pursuant to this Act shall be open to the public for review and inspection. 25 thermal Pu Hearing, I House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 Section 7252. Fees: Authority; Fees: Payment. (a) Authority to Establish Fees. The Zoning Board shall establish fees for procedures required or authorized by this A c t . Such fees must bear a reasonable relationship to the costs incurred by the Commonwealth, including costs of investigation, inspection, administration, supervision, and enforcement. Except, the Board shall provide for a system of fee credits for uses or structures, residential or commercial, designed to produce energy from renewable sources, conserve energy, or collect or store rainwater. (b) Payment Full Required. The Zoning Administrator shall not initiate any action authorized by this Act which requires a filing fee prior to receipt of full payment of such filing fee. Section 7253. of Process. To the maximum extent possible, in preparing the Zoning Plan the Board shall integrate the functions of zoning, land use planning, and environmental protection in the Commonwealth into a consolidated, simplified process whereby landowners and applicants may most directly meet lawful land use requirements. Section 7254. Penalties: Fines, Conflict of 26 1 2 3 4 5 16, in Simolification House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Interest. (a) Administrative Orders. The Zoning Board shall investigate violations, and order violators to conform with this Act or to cease and desist from any unlawful acts. The Board may order demolition or removal of non-conforming structures which are built in willful violation of this Act. The Board shall have the authority to recoup the cost of demolition from the structure’s owner. The Administrator or his agent may with permission of the owner or order of the Commonwealth Trial Court enter any premises at reasonable times for inspection and verification of any non-conforming uses. (b) Penalties. (1) Criminal Penalty. No person shall knowingly or willingly use any real property or structures thereon, or construct any structure thereon, for purposes not in compliance with this Act. Any person who violates any provision of this Act shall be punished by a fine not to exceed $1,000, or one year imprisonment, or both. Any person who knowingly or willfully makes a false statement, representation, or certification in any documentation pertaining to this Chapter or regulation or order issued 27 .. , House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thereunder shall be subject to a fine of $1,000, or one year imprisonment, or both. (2) Civil Penalty. The Office of the Attorney General shall bring a civil action to enjoin the use or contemplated use of any real property violation of this Act. Upon a showing of a violation of this Act the court shall issue an injunction prohibiting such use. The Attorney General need not show irreparable harm, as it is presumed: it is not necessary for the Attorney General to show there an inadequate remedy at law to obtain an injunction. Any person who materially violates any provision of this Chapter or any regulation or any order issued hereunder, is subject to a civil fine not to exceed $1,000 per day for each day the violation occurs. (c) Conflict of Interest. Any person, including Board members themselves, having a personal or financial interest any official proceeding of the Zoning Board, or a familial relationship to the fourth degree of with any party to such proceeding, shall disqualify himself or herself from officially hearing or ruling such proceeding. knowing or willful failure to do so is a misdemeanor, A 28 ,• ' ' in in consaguinity is in I House Bill No. 6-25 Hoi Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 punishable by not more than one year prison and a fine not to exceed $1,000 for each violation. (d) Private Action. (1) Notwithstanding any other remedies available, any person damaged or aggrieved as a result of a violation of this Act has a cause of action against the landowner or lessee who committed the violation. An award shall include damages and the costs of litigation including reasonable attorney's fees. (2) Any person who aware of a violation of this Act may bring an action in an appropriate court of the Commonwealth to secure compliance with the Act. However, such action shall not be brought until the complaining person has first given written notice of the violation to the Zoning Board, and the Zoning Board has refused to take action on the written notice of violation. The failure of the Zoning Board to act on the written notice within 90 days of the Board's receipt of such notice shall be deemed a refusal by the Board to take action. substantially prevails on the merits of his cause of action shall receive his costs of litigation including fees. A person who 29 se in is attorney's I House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (e) Public Nuisance. Any use of land in violation of this act is a per se public nuisance. Section 7255. of Fines and Fees. (a) Upon recordation of a fine with the Commonwealth Recorder, an unpaid fee or fine a lien on the nonconforming property. The Zoning Board may enforce payment of the lien by foreclosure accordance with the law governing foreclosure of mortgages. (b) All fines and fees collected pursuant to this Act shall be expended for the operations of the Zoning Board, the administrative staff, and the several operations of the zoning program, including the purchase of non-conforming structures, upon appropriation by the Legislature. The Zoning Board shall report annually to the Legislature on the amount of fines and fees collected and the cost of the zoning program. ARTICLE 6. Authorization For Section 7261. For There hereby authorized to be appropriated from the General Fund of the Commonwealth the sum of three hundred and fifty thousand dollars ($350,000) to be used, upon appropriation, to carry out the intent and purposes of this Act, including public education programs, preliminary to the adoption of 30 Accounting is in Appropriation Authorization Appropriation. is 1-: ,. PUBLIC LAW NO. 6-32 House Bill No. 6-25 House Draft 3, Senate Draft 1, Senate Committee Substitute 1 1 2 3 4 5 6 7 8 9 10' the Zoning Plan. The Zoning Board and Office of the Zoning Administrator shall be funded annually as SECTION 2. Severability. If any section or regulation of this Act should be declared invalid, the judicial determination shall not affect the validity of Act or regulations as a whole, or any part thereof, other than the particular part declared invalid. SECTION 3 . Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. House of Representatives Attest: FRANCES P. Acting House Clerk , 1989 PEDRO P. Governor Commonwealth of the Northern Mariana Islands 31 appropriate." the Beni Sablan HERNANDEZ Acti g Speaker