USVI Public Records

The Commissioner of Public Works may plan, construct, maintain and repair all airports in the United States Virgin Islands, and cooperate with the Federal Government in doing so.

Expenses; Grants The Commissioner of Commerce, through the Assistant Commissioner of Commerce for Marine and Aviation Services, shall administer, manage, control, and use all airports in the United States Virgin Islands. All revenues received from the operation of the airports shall be covered into a special fund to be known as the "Marine and Aviation Fund". All expenses of administering said airports shall be paid from said fund on an annual budget basis to be enacted by the Legislature and approved by the Governor. The Legislature may make grants to the special fund from the general fund as may be needed to supplement the revenues of the special fund. History: Amended June 10, 1960, No. 588, § 2, Sess. L. 1960, p. 87; Sept. 8, 1960, No. 632, § 2, Sess. L. 1960, p. 181; May 1, 1961, No. 661, § 3, Sess. L. 1961, p. 17.

There is hereby established in the Treasury of the United States Virgin Islands a special fund (separate and distinct from the Marine and Aviation Fund established by section 2 of this title) to be designated the "Special Airport Fund", and which shall be used exclusively for the development, improvement, operation and maintenance of public airports within the United States Virgin Islands, to be expended in accordance with appropriations by the Legislature from the Fund. There shall be covered into the Special Airport Fund all income taxes collected by the Government of the United States Virgin Islands during a period of 16 consecutive years, beginning with the calendar year 1962, up to, but not exceeding, the sum of $75,000 per annum, on income derived from the construction, improvement, maintenance and operation of the Alumina Plant and related facilities described in Act No. 814, Fourth Legislature of the Virgin Islands, from the following taxpayers: (a) Harvey Aluminum (Incorporated), a corporation of California or any of its affiliates, including Harvey Alumina Virgin Islands, Inc., a corporation of the United States Virgin Islands. (b) Any individuals, firms, corporations or other persons having contracts with any of the persons set forth in paragraph (a) above. (c) Any employees of any of the persons set forth in paragraph (a) or (b) above. There shall also be covered into the Special Airport Fund all payments made by persons specifically to said fund provided that all such payments are approved by the Governor. The Legislature may appropriate or transfer additional monies out of the General Fund into the Special Airport Fund. History: Added Apr. 11, 1962, No. 879, § 1, Sess. L. 1962, p. 161.

As used in this chapter- (1) "aircraft" means any contrivance known or invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment; and (2) "operating aircraft" means performing the services of aircraft pilot.

Exceptions Public safety requires, and the advantages of uniform regulations make it desirable in the interest of aeronautical progress, that aircraft operating within the United States Virgin Islands should conform with respect to design, construction and airworthiness to the standards prescribed by the United States government with respect to navigation of civil aircraft subject to its jurisdiction. It is unlawful for any person to navigate an aircraft within the United States Virgin Islands unless it has an appropriate, effective license issued by the United States government and is registered with it. The restrictions of this section do not apply to aircraft used exclusively in the governmental service of the United States, or of a state, territory, or possession thereof, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of licensed aircraft.

Public safety requires, and the advantages of uniform regulations make it desirable in the interest of aeronautical progress, that a person engaging within the United States Virgin Islands in navigating aircraft in any form of navigation, shall have the qualifications necessary for obtaining and holding a pilot's license issued by the United States government. It is unlawful for any person to operate any aircraft in the United States Virgin Islands unless he is the holder of an appropriate, effective pilot's license issued by the United States government. The restrictions of this section do not apply to persons operating aircraft used exclusively in the governmental service of the United States or of a state, territory or possession thereof, or to persons operating aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of licensed aircraft.

The pilot's license required by section 23 of this title shall be kept in the personal possession of the licensee when he is operating aircraft within the United States Virgin Islands, and must be presented for inspection upon the demand of any passenger, any peace officer, or any official, manager, or person in charge of any airport or landing field in the United States Virgin Islands.

(a) Any nonresident who operates an aircraft in the United States Virgin Islands, and any nonresident who owns an aircraft which is operated in the United States Virgin Islands with his express or implied consent, shall be deemed to have appointed the Lieutenant Governor of the United States Virgin Islands as his agent upon whom may be served the process in any action against him arising out of any accident or collision occurring within the United States Virgin Islands in which the aircraft is involved while being so operated. Such operation shall be a signification of the agreement by such nonresident that any process so served shall be of the same force and validity as if served upon him personally within the United States Virgin Islands. Such nonresident shall also be deemed to have agreed that such appointment shall be irrevocable and binding upon his executor or administrator. If the nonresident dies prior to the commencement of an action under this section, service of process shall be made on his executor or administrator in the same manner as that provided by this section for service upon the nonresident. (b) Service of process under this section shall be made upon the Lieutenant Governor in the same manner as in civil actions generally, accompanied by a fee of $2, and when so made, such service shall be as effectual to all intents and purposes as if made personally upon the defendant in the United States Virgin Islands: provided, that not later than the day following the commencement of the action, a copy of the process, and notice that service of the original process has or soon will be made upon the Lieutenant Governor, shall be sent by the plaintiff or his attorney to the defendant by registered mail with return receipt requested. The defendant's return receipt and the affidavit by plaintiff or his attorney that this section has been complied with shall be filed in the action within 10 days after the plaintiff receives the defendant's return receipt. If the notice and copy of the process are not received by the defendant, the court may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action. (c) The provisions of this section shall also apply to a resident who is absent from the United States Virgin Islands at the time of the accident or who departs from the United States Virgin Islands after the accident, and who remains absent therefrom continuously for a period of 30 days after the accident, whether such absence is intended to be temporary or permanent. (d) This section is an extension of, and not a limitation upon, any rights otherwise existing to serve process by attachment or publication or otherwise.

Whoever violates any provision of this chapter shall be fined not more than $100 or imprisoned not more than ninety days, or both. Acts or omissions made unlawful by this chapter do not include any act of omission which violates the laws or regulations of the United States, but it shall not be necessary to allege or prove, as part of the case for the government of the United States Virgin Islands, that the defendant is not amenable, on account of the alleged violation, to prosecution under the laws of the United States. That he is amenable to such a prosecution shall be a matter of defense, unless it affirmatively appears from the evidence adduced by the government of the United States Virgin Islands.

The purpose of this chapter, which shall be known as the "St. Croix Airport Zoning Act", is the promoting of the health, safety and general welfare of the inhabitants of St. Croix, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of users of the Alexander Hamilton Airport and of occupants of land in its vicinity and preventing destruction or impairment of the utility of the Airport and the public investment therein. History: June 19, 1957, No. 214, § 1, Sess. L. 1957, p. 128.

As used in this chapter, unless the context otherwise requires: (1) "Airport" means the Alexander Hamilton Airport. (2) "Airport hazard" means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at the airport or is otherwise hazardous to such landing or taking-off of aircraft. (3) "Nonconforming use" means any structure, tree, or use of land which does not conform to a provision of this chapter or an amendment thereto, as of July 1, 1957. (4) "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (5) "Structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. (6) "Landing area" means the area of the Airport used for the landing, take-off, or taxiing of aircraft. (7) "Tree" means any object of natural growth. (8) "Zoning Administrator" means the Zoning Administrator as defined in subsection (a) of section 235, Title 29, Virgin Islands Code. (9) "Airport Zoning Map" means the Airport Layout Plan, Approach and Clear Zone Plan, and Approach Plan-Profiles, dated May 31, 1978, prepared by Bristol, Childs, Crowder and Associates, Inc., under FAA Project No. A-78-0002-01. History: June 19, 1957, No. 214, § 2, Sess. L. 1957, p. 128; amended Dec. 31, 1957, No. 237, § 1, Sess. L. 1957, p. 198; Jan. 5, 1979, No. 4256, § 2(a), Sess. L. 1978, p. 329; Dec. 9, 1982, No. 4774, § 3(a), Sess. L. 1982, p. 276.

In order to carry out the purposes of this chapter, all of the land within the boundaries of the Zoned Area and within three (3) miles of the landing area of the Airport, is divided into airport approach zones, airport turning zones and airport transition zones, the boundaries of which are shown on the Alexander Hamilton Airport Approved and Clear Zone Plan dated May 31, 1978, prepared by Bristol, Childs, Crowder and Associates, Inc., under FAA Project No. A-78-0002-01. History: June 19, 1957, No. 214, § 3, Sess. L. 1957, p. 128; amended Jan. 5, 1979, No. 4256, § 2(b), Sess. L. 1978, p. 329.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any airport approach zone, airport turning zone or airport transition zone to a height in excess of the height limit herein established for such zone. For purposes of this regulation, the following height limits are hereby established for each of the zones in question as delineated on the map which accompanies this chapter: Approach Zone: 1' vertical to 50' horizontal for a distance of 10,000' and 1' vertical to 40' horizontal for an additional 40,000'. Horizontal Surface: For a distance of 10,000' from the Airport Reference Point, below elevation 212' MSL. Conical Surface: For a distance of 5,000' measured outwardly from the Horizontal Surface, below a rise of 1' in 20' above the Horizontal Surface. Transition Surfaces: Below a rise of 1' vertical to 7' horizontal measured from the Established Airport Elevation to an intersection with the Horizontal Surface and from the inclined plane located directly over the Approach Zone to the Horizontal Surface or to the Conical Surface. Building Line: No buildings, poles, lines or similar obstruction; 750' from center line of runway. Approach Zone: 1' vertical to 50' horizontal for a distance of 10,000' and 1' vertical to 40' horizontal for an additional 40,000'. Horizontal Surface: For a distance of 10,000' from the Airport Reference Point, below elevation 212' MSL. Conical Surface: For a distance of 5,000' measured outwardly from the Horizontal Surface, below a rise of 1' in 20' above the Horizontal Surface. Transition Surfaces: Below a rise of 1' vertical to 7' horizontal measured from the Established Airport Elevation to an intersection with the Horizontal Surface and from the inclined plane located directly over the Approach Zone to the Horizontal Surface or to the Conical Surface. Building Line: No buildings, poles, lines or similar obstruction; 750' from center line of runway. History: June 19, 1957, No. 214, § 4, Sess. L. 1957, p. 125; amended Dec. 31, 1957, No. 237, § 2, Sess. L. 1957, p. 198.

Notwithstanding any other provisions of this chapter, no use may be made of land within any airport approach zone, airport turning zone or airport transition zone, in such a manner as to create electrical interference with radio communication between the Airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the Airport, impair visibility in the vicinity of the Airport, or otherwise endanger the landing, taking-off, or maneuvering of aircraft. History: June 19, 1957, No. 214, § 5, Sess. L. 1957, p. 129.

The provisions of sections 54 and 55 of this title shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not otherwise conforming as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to July 1, 1957, and is diligently prosecuted and completed within two years thereof. History: June 19, 1957, No. 214, § 6, Sess. L. 1957, p. 129.

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with this chapter, may apply to the Zoning Administrator for a variance from the requirements of this chapter. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variance shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Administrator unless a copy of the application has been furnished to the Virgin Islands Port Authority for advice as to the aeronautical effects of the variance. If the Virgin Islands Port Authority does not respond to the application within fifteen (15) days after receipt, the Zoning Administration may act on its own to grant or deny said application. History: June 19, 1957, No. 214, § 7, Sess. L. 1957, p. 129; amended Dec. 9, 1982, No. 4774, § 3(b), Sess. L. 1982, p. 276.

(a) Future Uses. No material change shall be made in the use of land, and no structure or tree shall be erected, altered, planted, or otherwise established, in any airport approach zone, airport turning zone or airport transition zone, unless a building permit therefor shall have been applied for and granted. Each such application shall indicate the purpose for which the building permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the building permit applied for shall be granted; provided, however, that the requirements of Title 29, chapters 3 and 5, Virgin Islands Code, are met. (b) Existing Uses. Before any existing use, structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, within any airport approach zone, airport turning zone or airport transition zone, a building permit must be secured authorizing such replacement, change or repair. No such building permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on July 1, 1957, or than it is when the application for a building permit is made. Except as indicated, all applications for a building permit for replacement, change or repair existing use, structure, or tree shall be granted; provided, however, that the requirements of Title 29, chapters 3 and 5, Virgin Islands Code, are met. History: June 19, 1957, No. 214, § 8, Sess. L. 1957, p. 130; amended Dec. 9, 1982, No. 4774, § 3(c), Sess. L. 1982, p. 277.

Whenever the Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no building permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. History: June 19, 1957, No. 214, § 9, Sess. L. 1957, p. 130; amended Jan. 5, 1979, No. 4256, § 2(c), Sess. L. 1978, p. 329; Dec. 9, 1982, No. 4774, § 3(e), Sess. L. 1982, p. 277.

Any permit or variance granted under section 57 or 58 of this title may, if such action is deemed advisable to effectuate the purposes of this chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Virgin Islands Port Authority of the United States Virgin Islands, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. History: June 19, 1957, No. 214, § 10, Sess. L. 1957, p. 130; amended Dec. 9, 1982, No. 4774, § 3(d), Sess. L. 1982, p. 277.

History: Repealed. Dec. 9, 1982, No. 4774, § 3(f), Sess. L. 1982. p. 277.

It is hereby found that an obstruction has the potential for endangering the lives and property of users of Harry S. Truman Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Harry S. Truman Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Harry S. Truman Airport and the public investment therein. Accordingly, it is declared: (a) That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Harry S. Truman Airport; (b) That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and (c) That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation or with just and proper compensation where required. It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which the Virgin Islands Port Authority may raise and expend public funds and acquire land or interest in land. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 267.

This chapter shall be known and may be cited as the "St. Thomas Airport Zoning Act". History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 268.

As used in this chapter, unless the context otherwise requires: (a) "Airport" means the Harry S. Truman Airport. (b) "Airport elevation" is 24 feet above mean sea level. (c) "Approach surface" means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 75 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. (d) "Approach, transition, horizontal and conical zones" means those zones set forth in section 74 of this chapter. (e) "Board" means the Board of Land Use Appeals as defined in section 135 of Title 3, Virgin Islands Code, and section 236 of Title 29, Virgin Islands Code. (f) "Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (g) "Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. (h) "Height": for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level unless otherwise specified. (i) "Horizontal surface" means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. (j) "Larger than utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft. (k) "Nonconforming use" means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto. (l) "Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in-nonprecision instrument approach procedure has been approved or planned. (m) "Obstruction" means any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in section 75 of this chapter. (n) "Person" means an individual, firm, partnership, corporation, company, association, joint stock association, government, quasi-governmental agency, or other entity, including a trustee, a receiver, or assignee, or a similar representative of any of them. (o) "Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is 500 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (p) "Runway" means a defined area on the airport prepared for landing and takeoff of aircraft along its length. (q) "Structure" means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines. (r) "Transitional surfaces" means surfaces extending outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surfaces, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline. (s) "Tree" means any object of natural growth. (t) "Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures. (u) "Zoning Administrator" means the Zoning Administrator as defined in subsection (a) of section 235, Title 29, Virgin Islands Code. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 268.

In order to carry out the purposes of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the (1) approach surfaces; (2) transitional surfaces; (3) horizontal surfaces; and (4) conical surfaces as they apply to the airport. Such zones are shown on Harry S. Truman Airport Zoning Maps consisting of four sheets: (1) Airport Layout Plan, Drawing No. SKE 01-CE 5300-13 dated January 27, 1978, prepared by Parsons Panamerican Corporation and revised through April 14, 1980, identified as "1982 Airport Zoning in St. Thomas, 1 of 4"; (2) Approach Clear Zone Plan, prepared by Greiner Engineering Sciences, Inc., under FAA Project No. 74 1 A-78-0001-01-74, dated December 1976 and revised through April 25, 1978, identified as "1982 Airport Zoning in St. Thomas, 2 of 4"; (3) Airport Layout Plan, Phase One, prepared by J.E. Greiner Company, Inc., dated April 1973, identified as "1982 Airport Zoning in St. Thomas, 3 of 4"; and (4) Airport Hazard Zoning Map, Runway 9/27, prepared by the Virgin Islands Port Authority and identified as "1982 Airport Zoning in St. Thomas, 4 of 4". Copies of said maps are attached to the original copy of the act creating this chapter and are made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Runway Larger than Utility Visual Approach Zone-The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. The centerline of the zone is the continuation of the centerline of the runway. (b) Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Nonprecision Instrument Approach Zone-The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. The centerline of the zone is the continuation of the centerline of the runway. (c) Transitional Zones-The areas beneath transitional surfaces. (d) Horizontal Zone-The zone established by swinging arcs of 10,000 feet radii for all runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zone. (e) Conical Zone-The area that commences at the periphery of the horizontal zone and extends outward therefrom a horizon distance of 4,000 feet. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 270.

Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter beyond a height herein established for such zone or any lower height established by Title 29, chapter 3, Virgin Islands Code. Such applicable height limitations are hereby established as follows: (a) Runway Larger than Utility Visual Approach Zone-Slopes twenty (20) feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. (b) Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Nonprecision Instrument Approach Zone-Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. (c) Transitional Zones-Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. (d) Horizontal Zone-No limitation. (e) Conical Zone-No limitation. (f) Exception to height limitations: Notwithstanding any provision of this chapter to the contrary, nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height where there is no penetration of the approach surfaces or the transitional surfaces by such structure or growth nor as prohibiting the construction or maintenance of any structure or growth of any tree to a height of twenty-five feet or less above the surface of the land. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 271.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between the airport lights and others, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 272.

(a) Nonretroactive Application-Nothing contained in this chapter shall be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to this chapter as of its effective date, or otherwise interfere with the continuance of a nonconforming use, nor to require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was commenced prior to the effective date of this chapter, and which is diligently continued to completion. (b) Marking and Lighting-Notwithstanding subsection (a), the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Virgin Islands Port Authority to indicate to the operators of the aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Virgin Islands Port Authority. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 272.

(a) Future Uses-No material change shall be made in the use of land, no structure shall be created or otherwise established, and no tree shall be planted in any zone created by this chapter, other than the conical zone and horizontal zone, unless a building permit therefor shall have been applied for and granted in accordance with this chapter, chapter 9 of this title, and Title 29, chapters 3 and 5, Virgin Islands Code, and unless a Notice of Proposed Construction shall have been filed with the Federal Aviation Administration in accordance with Part 77 of the Federal Aviation Regulations ( 14 CFR, Part 77 ) if so required by said regulations. Each application for such a permit shall, in addition to the requirements of Title 29, Virgin Islands Code, indicate the purpose for which such a permit is desired with sufficient particularity to determine whether the resulting use, structure, or tree would conform to the requirements of this chapter. The first two sentences of this subsection shall not apply to a building permit, or an application therefor, for any structure or tree in an area within the limits of the approach zones but at a horizontal distance of more than 4,200 feet from each end of the runway if such tree or structure is less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. Nothing contained in this subsection shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter except as set forth in subsection (f) of section 75 thereof. Nothing contained in this subsection shall be construed as exempting any person from obtaining a building permit if so required by the provisions of Title 29, chapter 3 or 5, Virgin Islands Code. (b) Existing Uses-No building permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a building permit is made. Except as indicated, all applications for such a building permit shall not be granted. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 273.

Whenever the Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no building permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 274.

Any building permit granted may, if such action is deemed advisable to effectuate the purpose of this chapter and to be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lightings as may be necessary. If deemed proper by the Zoning Administrator, this condition may be modified to require the owner to permit the Virgin Islands Port Authority, at its own expense, to install, operate and maintain the necessary markings and lights. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 274.

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or develop property, not in accordance with this chapter, may apply to the Zoning Administrator for a variance from the requirements of this chapter. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Administrator unless a copy of the application has been furnished to the Virgin Islands Port Authority for advice as to the aeronautical effects of the variance. If the Virgin Islands Port Authority does not respond to the application within fifteen (15) days after receipt, the Zoning Administrator may act on its own to grant or deny said application. History: Added Dec. 9, 1982, No. 4774, § 1, Sess. L. 1982, p. 274.

As used in this chapter, unless the context otherwise requires: (a) "Board" means the Board of Land Use Appeals as defined in section 135 of Title 3, Virgin Islands Code, and section 236 of Title 29, Virgin Islands Code. (b) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, government, or quasi-governmental agency, or other entity, including a trustee, a receiver, or assignee, or a similar representative of any of them. (c) "Zoning Administrator" means the Zoning Administrator as defined in subsection (a) of section 235, Title 29, Virgin Islands Code. History: Added Dec. 9, 1982, No. 4774, § 2, Sess. L. 1982, p. 275.

It shall be the duty of the Zoning Administrator to administer and enforce chapters 5 and 7 of this title and he is authorized to promulgate such rules and regulations as he deems necessary to carry out such duty. History: Added Dec. 9, 1982, No. 4774, § 2, Sess. L. 1982, p. 275.

Applications for and issuance of building permits required by chapters 5 and 7 of this title, appeals of actions by the Zoning Administrator pursuant to such chapters, and judicial review of decisions of the Board related thereto, shall be made in accordance with Title 29, chapters 3 and 5, Virgin Islands Code. History: Added Dec. 9, 1982, No. 4774, § 2, Sess. L. 1982, p. 275.

When there exists a conflict between any of the provisions of chapters 5 and 7 of this title and any other provisions of law or regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. History: Added Dec. 9, 1982, No. 4774, § 2, Sess. L. 1982, p. 275.

If any of the provisions of this chapter or chapter 5 or 7 of this title or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of such chapters which can be given effect without the invalid provision or application, and to this end, the provisions of such chapters are declared to be severable. History: Added Dec. 9, 1982, No. 4774, § 2, Sess. L. 1982, p. 276.

Each violation of chapter 5 or 7 of this title or any regulation, order or ruling promulgated under this chapter or said chapters shall be punishable by a fine of not more than $300 or imprisonment for not more than 30 days, or both such fine and imprisonment, and each day a violation continues shall be a separate offense. History: Added Dec. 9, 1982, No. 4774, § 2, Sess. L. 1982, p. 276.