Title 26 — Environmental Safety and Land Management

It is the purpose of this chapter to: (1) establish certain minimum regulations for the protection and promotion of the encourage the orderly, profitable, and health development of the resources or their diversion into uses detrimental to the future growth of Samoa; (2) assure th…

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the protection and promotion of the public health, safety and general welfare, and shall be liberally construed in furtherance of these objectives. History: 1965, PL…

For the purposes of this chapter: (1) “Accessory building” means a detached subordinate building located on the same lot with a main building, the use of which is customarily secondary to that of the main building or to the use of the land. (2) “Apartment house” means the same as…

(a) There shall be a Zoning Board consisting of 9 members, all of whom shall be nationals or citizens of the United States and who shall be appointed as follows: The Governor shall appoint 4 members, the district governor of each district shall each appoint 1 member, the Speaker …

When the Zoning Board is considering a zoning map for an individual village, 2 persons elected by the village council shall sit with the Zoning Board as temporary advisory members. The temporary members shall have advisory powers only and shall not be entitled to vote. History: 1…

The Governor shall detail or assign such staff assistance as he decides may be needed and available to assist the Zoning Board to perform its ministerial functions. The Board may not delegate its responsibility for granting variances History: 1965, PL, 9-19.

In order to carry out the purposes and provisions of this chapter, areas within the Territory of American Samoa are divided into 10 zones, as follows: Rl Single Dwelling Zone R2 Multiple Dwelling Zone A Agricultural Zone Cl General Commercial Zone C2 Limited Commercial Zone Ml Li…

(a) The zone symbols in 26.0310, and the boundaries, must be shown upon a map made a part of this chapter. The map must be designated as the “zoning map”, and it and all the notations and references and other information shown thereon shall be as much a part of this chapter as if…

(a) Where the zone boundaries are indicated by lines on the zoning map, the map and all the notations, references, and their extensions must be construed to be the zone boundaries. (b) Where the zone boundaries indicated on the map are not street, alley, or lot or boundary lines,…

No building or structure may be erected or maintained, and no existing building or structure may be altered, enlarged, moved or maintained, and no building or land may be used for any purpose, except for a use permitted in the zone in which such building or land is located as pro…

The uses permitted in single dwelling zones are: (1) one-family dwellings; (2) schools and churches; (3) parks, playgrounds and community buildings; (4) gardening for noncommercial purposes; (5) uses customarily accessory to any of the above uses, including home occupations and p…

The uses permitted in multiple dwelling zones are: (1) any use permitted in the Rl single dwelling zone; (2) keeping of poultry and domestic livestock for noncommercial purposes; (3) accessory buildings and structures, stables, barns, corrals, pens, and other similar structures; …

The uses permitted in agricultural zones are: (1) any use permitted in R1 and R2 zones; (2) farming, including all types of activities and pursuits customarily carried on the fields of agriculture and horticulture, and farms and ranches for the raising of poultry and the raising …

The uses permitted in general commercial zones are: (1) any use permitted in the Rl, R2 and C2 zones; (2) wholesale and retail stores, shops and businesses; (3) amusement enterprises; (4) automobile service stations, public automobile parking areas and public garages (not includi…

The uses permitted in limited commercial zones are: personal service shops and general stores, including barbershops, beauty parlors and the like; provided, that such personal services are carried on exclusively within a dwelling. History: 1965, PL, 9-19.

(a) The uses permitted in limited industrial zones are: (1) any use permitted in the Cl zone; (2) the manufacturing, compounding, processing or treating of such products as bakery goods, drugs, cosmetics, and food products (not including fish and meat products or the rendering of…

The uses permitted in general industrial zones are: (1) any use permitted in the Cl and Ml zones except dwellings and hotels; (2) any other uses not specifically prohibited by law, including those which are or may be objectionable, obnoxious or offensive by reason of odor, dust, …

The use permitted in hotel zones is hotels. History: 1965, PL 9-19.

(a) The uses permitted in watershed conservation zones are: any use permitted in R1, R2 and A zones. (b) The uses listed in subsection (a) shall be conducted to insure maximum protection against erosion and contamination of water supplies, and to insure preservation of the natura…

(a) The uses permitted in recreation conservation zones are: (1) agricultural crops; (2) recreational facilities. (b) No structure of any sort other than as approved by the Territorial Park and Recreation Board may be constructed between roads parallel to and near the ocean, and …

(a) A nonconforming building may be maintained and repaired, except as otherwise provided in this section. (b) A building nonconforming as to use regulations may not be added to or enlarged in any manner unless the building, including such additions and enlargements, is made to c…

(a) The nonconforming use of a building, existing at the time this chapter became effective, may be continued. (b) The nonconforming use of a building may be changed to any other use which is permitted in the same zone as the use for which the building or structure is designed or…

The nonconforming use of land existing at the time this chapter became effective may be continued, except that such use may not be extended either on the same or on to adjoining property. Where a nonconforming use of land is discontinued or changed, any future use of such land mu…

The provisions of 26.0330 through 26.0332 apply to buildings, land and uses which hereafter become nonconforming due to any classification or reclassification of zone or to any change in the provisions of this chapter. History: 1965, PL, 9-19; amd 1979, PL 16-14 § 1. Amendment: 1…

The Zoning Board shall identify nonconforming uses and notify the owner and occupant in writing. History: 1965, PL, 9-19.

(a) The Zoning Board may grant a variance from the regulations applicable to a zone if it finds that the variance is necessary to make possible a reasonable use of land or a building, or that the refusal of a variance would impose a hardship, and that the variance would not be in…

An appeal from an action of the Zoning Board may be taken in like manner to appeals under the Administrative Procedure Act 4.1040 through 4.1044. History: 1965, PL, 9-19.

Any person and any firm, corporation or officer thereof, violating any provision of this chapter, is guilty of a class B misdemeanor. History: 1965, PL9-19; amd l980, PL 16-90 § 91. Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice.