(a) Split-Zone Election. Whenever a lot is affected by a zoning boundary which creates two (2) separate zoning designations within its boundaries, the property owner of such affected lot shall have the right to select one (1) of the two (2) zones, and to have it apply to the entire lot. Upon receiving a written request by a property owner to elect a zoning designation for the affected lot, the Director of the Department of Land Management shall approve the request, shall process all necessary documents to reflect the approval, and shall update all official maps of Guam to indicate the zone which the property owner has chosen.

(b) Applicability of Lot Split-Zone Boundary. While the lots are still affected by the lot split, a permitted use on one (1) portion of the zone boundary cannot be extended to the other side of the lot split-zone boundary if it is not a permitted use on the portion of the same lot or on the abutting lot to be extended. In order to extend such permitted use from one (1) side of the lot split-zone boundary to the other side, a conditional use permit or a zone variance, as applicable, must be obtained pursuant to § 61303 or § 61617, Title 21, Guam Code Annotated.

(c) Conditional Use. All uses permitted on the affected lot by the zone chosen by the property owner making a split-zone election shall be conditional and subject to approval in the manner required to obtain a zone variance as provided in § 61303, Title
21, Guam Code Annotated. No such use shall be permitted upon any part of the lot described in Subsection (a) above which is inconsistent or incompatible with the uses of property adjacent to such part, nor which would otherwise be detrimental to the public.

(d) Lot Consolidation. A split-zone election shall only be made on lots that are encumbered by such split-zone designation, as delineated in the official zone map series for the applicable municipality. No extension of a zone boundary shall be allowed under a lot consolidation with another lot unaffected by the split- zone boundary. Any split-zone extension being pursued through lot consolidation on an unaffected parcel must undergo the regular zone change process through the Guam Land Use Commission for such extension on the unaffected lot.

SOURCE: Added by P.L. 25-131:2. Repealed and reenacted by P.L. 31-
098:2 (Sept. 30, 2011).