Amendments

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    • Scope of amendments

      • (a) Any provision of this subchapter, as well as the boundaries of the various Zoning Districts established herein, may be amended or repealed by the Legislature of the Virgin Islands after due public notice and hearing where parties in interest and citizens shall have an opportunity to be heard, subject to the provisions of this section and section 239 of this subchapter.

    • Initiation of amendments

      • (b) Amendments to the Zoning Maps may be initiated either by petition of any property owner or by the Virgin Islands Planning Office. Amendments to the Zoning Law may be initiated by the Virgin Islands Planning Office.

    • Referral to the Planning Office

      • (c) Every proposed amendment to the Zoning Law, including changes in the Zoning District Maps or boundaries, shall be referred to the Planning Office at least thirty (30) days prior to the date assigned for a public hearing to be held thereon by the Legislature of the Virgin Islands.

        The Planning Office, after due public notice and hearing wherein parties in interest and citizens shall have the opportunity to be heard, shall transmit to the Legislature a report containing its recommendations on the proposed amendment. Failure of the Planning Office to report prior to or at the hearing of the Legislature shall be taken as approval of the proposal. A statement of the recommendation of the Planning Office approving, disapproving or proposing a modification of such proposal shall be read at any public hearing held by the Legislature. The report of the Planning Office regarding such proposal shall include the reasons for the vote thereon and shall be incorporated into the records of any public hearing held thereon. A proposal disapproved by the Planning Office may be adopted by the Legislature. Notwithstanding any other law, after receiving a necessary zoning change from the Legislature, the owner of property that plans a development on such property as the reason for such zoning change shall begin construction within thirty-six (36) months after receiving all the necessary permits pursuant to the Virgin Islands Code; if construction has not commenced within the aforesaid time period, the owner will again have to obtain the approval of the Legislature as provided under this section; provided further, that if the property abuts a shoreline, the owner of such property shall also grant, provide and maintain public easements to the shoreline abutting such property that are easily accessible to the general public.
    • Reconsideration of application denied by the Planning Office

      • (d) In case the Planning Office recommends denial of a request for a change in zoning or any amendment to this subchapter or any Planned Development, the Legislature shall not act upon any law covering the same request if filed with the Legislature more than ninety (90) days after the date of the Planning Office's recommendation of denial unless said law has been referred to the Planning Office for its further consideration. The Office may reaffirm its original recommendation without holding further hearings if it finds and determines that there is no material change in conditions, or it may hold further hearings on the proposed law. The Planning Office shall transmit its recommendation to the Legislature.

        Whenever the Planning Office, after hearing all the evidence presented upon any application under the provisions of this subchapter denies same and refuses to recommend to the Legislature the passage of a law making such changes as is proposed, the Planning Office shall refuse to hold further hearings on a renewal application for the same matter by the same applicant or applicants, their successors or assigns, for a period of twelve (12) months from and after denial thereof, except and unless the Planning Office shall find and determine from the information supplied by a request for a rehearing that changed conditions have occurred relating to the application and that a reconsideration is justified. If the rehearing is denied, the application shall not be reopened for at least one (1) year from the date of the original action by the Planning Office.


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