The Department of Land Management (the Department) is directed to set up a procedure whereby landowners of agriculturally- or single family residentially-zoned properties in Guam can expeditiously apply for rezoning of their parcels. Owners of agriculturally-zoned property may apply to rezone their property as either Single Family Residential (R-1) or Multi- Family Residential (R-2); owners of single-family residentially- zoned property may apply to rezone their property to Multi- Family Residential (R-2). Such procedure shall be incorporated into rules and regulations to be promulgated by the Director of Land Management pursuant to the Administrative Adjudication Law, which rules shall include provisions as to lot size and required infra structure and shall include the following steps:

(a) The submission of a completed application to the Director of Land Management who shall render a decision thereon within sixty (60) calendar days; provided, that:

(1) The Division of Planning, Department of Land Management, provides a written report whether there is adequate infrastructure to accommodate the zone change. The Public Utility Agency of Guam, the Guam Power Authority, the Guam Environmental Protection Agency and the Department of Public Works are directed to provide such information without delay as the Department of Land Management (“”DLM””) may require to complete the written re port. Answers by such agencies to such requests must be provided to DLM not later than ten (10) working days from the date such request is made. If such requests are not answered within such period, DLM may proceed with its report with the assumption that the agency not answering the request has no objection to the rezoning.

(2) The applicant meets all other requirements established by DLM. This shall include the provision of a rough sketch of the development which the applicant intends to undertake on the land involved. The submission of a comprehensive development plan shall not be necessary until such time as the actual developer applies for the required permits.
(3) If, in the opinion of the Director of DLM, the rezoning requested is of such a nature that there is a need for a public hearing and/or notification to all landowners within a five hundred foot (500′) radius of the parcel to be rezoned, DLM shall be responsible for determining the landowners to be notified, and shall bear all costs of public notification and the service of notification to the owners of all parcels within said five hundred foot (500′) radius.

(4) The Director of DLM shall determine any additional funding or personnel required for the most efficient and economical accomplishment of the provisions contained herein and shall submit a request for such funding to the Legislature within thirty (30) days of the enactment hereof.

(b) Upon receipt of the completed application, the Director shall immediately transmit copies of the same to all the member departments and agencies constituting the Development Review Committee, which departments and agencies shall expeditiously make recommendations on the change request. Failure of any member department or agency to reply within forty-five (45) days of receipt of the application shall constitute concurrence with the requested change. The Director shall then approve or disapprove the application, and submit the same to the Legislature with his reasons for approval or disapproval, within sixty (60) days of its submission to him.

(c) If the application has been approved by the Director, the property the subject of the application shall be rezoned to either Single Family Residential (R-1) or Multi-Family Residential (R-2) as the case may be, unless within forty-five (45) days of its submission to the Legislature, the Legislature, by statute, amends or rejects the same. If the application has been disapproved by the Director, the property the subject of the application shall not be rezoned unless within forty-five (45) days of its submission to the Legislature, the Legislature, by statute,. overrules the Director and approves the change of zone.
SOURCE: Added by P.L. 21-082:4 (Jan. 25, 1992). Subsection (a)
amended by P.L. 21-144:8(b) (Dec. 29, 1992).

§ 61640. [Untitled].

For any property rezoned to M1 within two (2) years of also applying for a conditional use for workforce housing, the property shall revert to the zone prior to the granting of the M1 zone when the approval for workforce housing expires, or a new application for continued M1 zone must be filed.

SOURCE: Added by P.L. 31-072:3 (May 25, 2011).

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SUBARTICLE 4
RECORDING–SUBMISSION TO THE LEGISLATURE