Policy and Jurisdiction

2 CMC § 7212 — under Zoning Code.

2 CMC § 7212

TITLE 2: NATURAL RESOURCES

DIVISION 7: BUILDING AND ZONING CODES

§ 7212. Policy 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 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) (1) This chapter shall apply to the use of lands in the Commonwealth by any person who has use or dispositional rights accorded them by virtue of land ownership, leasehold, homestead, use permit, statutory authority, or other instruments; provided, that this chapter shall not apply to the islands of the First and Second Senatorial Districts except by enactment of an appropriate local law so applying this chapter to a particular senatorial district. (2) Following such enactment, a Zoning Board member for the senatorial district to which this chapter newly applies shall be appointed and seated pursuant to 2 CMC § 7221(k). The Zoning Board shall then create a zoning plan for such senatorial district, using the same procedures, educational efforts, and time frames provided in this chapter 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 chapter 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 affected district pursuant to 2 CMC § 7221(c)(4). (c) All use of land must be consistent with the provisions of this chapter. Uses which are not consistent shall be in violation of this chapter. Source: PL 6-32, § 1 (§ 7212). Commission Comment: The Zoning Code of Rota is codified at 10 CMC § 1701 et seq.; the Saipan Zoning Law is codified at 10 CMC § 3511 et seq. With respect to the references to the “Zoning Board,” see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001; see also the comment to 2 CMC § 7211.