Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In 21 Guam Code Ann. § 61309

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) Use Permitted.

(1) Any use permitted with or without condition in the commercial zone.

(2) The manufacturing, compounding, processing or treating of such products as drugs, cosmetics, and food products (not including fish and meat products nor the rendering of fats and oils).

(3) The manufacturing, compounding, assembling or treating of articles or merchandise from previously prepared materials.

(4) Automobile repair shops including painting, body and fender work and rebuilding; truck and tractor repairing; and tire retreading.

(5) Bottling and packaging plants.

(6) Ceramic products manufacturing.

(7) Laundries and cleaning and dyeing establishments. (8) Machine shops and sheet metal shops.
(9) Warehouses and cold storage plants.

(10) Lumber yards, building material salesyards, contractor’s equipment storage yards, and the like.

(11) Other uses which in the judgment of the Com missions, as evidence by a resolution in writing, are similar to those listed herein.

(12) Uses customarily accessory to any of the above listed uses, and accessory buildings.

(b) Conditional Use.

(1) Other industrial uses not objectionable, obnoxious or offensive by reason of odor, dust, smoke, noise, gas fumes, cinders, vibration, flashing lights, or water-carried waste.
(2) Utilities and public facilities.

(3) Accessory uses and buildings for the above.

(c) Policy For Workforce Housing Facilities For Temporary Workers. The policy for the development of temporary workforce housing shall be as follows:

(1) The term temporary workforce housing shall be consistent with § 26A101 (b) of Chapter 26A, Title 10, Guam Code Annotated.

(2) The Guam Land Use Commission (GLUC) shall liberally interpret the term temporary workforce housing in order to ensure the protection of the public’s interests, safety and welfare.

(3) Temporary workforce housing is hereby established as an approved conditional use under the M1
Light Industrial Zone pursuant to § 61309, and the GLUC
shall not approve any workforce housing development in any zoning area other than an M1 Zone.

(4) (A) Applications for the development of temporary workforce housing shall come before the GLUC as a “”Conditional Use”” subject to the review process of the Agency Review Committee, and shall be subject to specific conditions of approval as established by the GLUC.

(B) In addition to other conditions imposed by the GLUC, all temporary workforce housing conditions for approvals shall include the following minimum conditions:

(i) Unless specifically limited, approvals shall be for an initial term of twenty-four (24) months, and thereafter shall be renewed annually. Renewals shall be on forms issued by the Chief Planner, and subject to inspection by the Chief Planner and a public hearing before the GLUC.

(ii) The project must be served by an adequate sanitary sewer system.
(iii) The project must have adequate fire flow indicated by a minimum six (6) inch diameter water line or other minimum water service conditions imposed by the Guam Waterworks Authority.

(iv) The project must comply with all health and safety regulations of the government of Guam and the OSHA regulations, as applicable.

(v) Each approved project shall include a substantial perimeter fence which shall be at least of “”chain link”” quality and a minimum six (6) feet in height, and be subject to a complete landscape plan.

(vi) The project must include a development plan indicating specific design parameters for sleeping, toilet and shower facilities, laundry services, food services, security, medical care, transportation services and recreation areas.

(C) Notwithstanding any other provision of law, applications that are pending for a Conditional Use Permit for the development of temporary workforce housing submitted to GLUC prior to February 11, 2021, that have been delayed due to the prohibition on public hearings or public congregating pursuant to executive order or pandemic condition of readiness (PCOR), shall not require GLUC approval of the temporary workforce housing Conditional Use and shall be required to meet only the requirements of Subsections (c)(4)(B)(i) through (iv) of this Section, as well as all conditions imposed by the Department of Land Management at the preliminary application interview stage, including:

(i) location of the temporary workforce housing facility in an M1 zone;

(ii) written notice posted on a 4’x 8′ sign on the property for a minimum of two (2) weeks, and notice in a Guam newspaper on two (2) separate days of the proposed project including details on the physical size and the number workers who will
be housed in the temporary workforce housing facility; and

(iii) a resolution in support of the project from the municipal planning council of the village where the proposed project will be located.

Upon compliance with conditions for approval and certification by the Department of Land Management, the applicant may apply directly to the Department of Public Works for a building permit and to the Department of Public Health and Social Services for a sanitary permit and a workers dormitory permit.

SOURCE: GC § 17108. Subsection (c) added by P.L. 31-072:2 (May 25,
2011). Subsection (c)(4)(C) added by P.L. 36-002:2 (Mar. 2, 2021).

2017 NOTE: Subitem designations added/altered in subsection (c)(4)
pursuant to the authority of 1 Guam Code Ann. § 1606.

NOTE: As added by P.L. 31-072:2, subsection (c)(1) included the definition of “”temporary workforce housing”” in brackets as follows:

[“”(b) Temporary workforce housing means any enclosures of living spaces, reasonably contiguous, together with the land appertaining thereto, established, operated or used as living quarters and, at a minimum, fifty-one percent (51%) of the residents are temporary workers, including, but not limited to, facilities known by varying nomenclatures or designations as dormitories, hotels, motels, travel lodges, or tourist homes.””].

As subsection (c)(1) already refers to the definition as found in 10 Guam Code Ann. § 26A101(b), the bracketed portion is redundant and has not been codified.