Land Use Control

YSC, Title 20. Planning & Economic Development

Chapter 2. Land Use Control

§201. Signs and billboards.

§202. Building next to road.

§203. Off-street parking space required.

§201. Signs and billboards.

No non-illuminated sign shall be publicly displayed out-of-doors in the State which sign is larger than 12 square feet, except where a special permit is granted. No illuminated sign shall be publicly displayed out of doors in the State larger than four square feet. No flashing sign of any size may be displayed out of doors.

Source: YDC §5200, modified.

Cross-reference: The statutory provision regarding penalties for the violation of the public planning provisions of chapters 1, 2, 3, 5, or 10 of this title is found in section 811 of Title 11 (Crimes and Punishment) of this Code.

§202. Building next to road.

No building whatsoever shall be constructed within 20 feet of the edge of any primary road. Any person who violates this section shall be guilty of a felony and shall, upon conviction, be fined not more than $5,000.00 or imprisoned for not more than two years, or both.

Source: YDC §5200.1, modified.

Cross-reference: The statutory provisions on Crimes and Punishment are found in Title 11 of this Code.

§203. Off-street parking space required.

(a) None of the types of buildings listed below shall be constructed or enlarged, in the State, on any island or atoll with a population of 2,000 or more persons, if any portion of such building is within 150 feet of a primary or secondary road, unless off-street automobile parking space is simultaneously constructed in the immediate area of the building and in the amount specified below:

(1) Dwellings ......................... one space per dwelling unit;

(2) Hotels & apartments........ one space per rental unit;

(3) Hospitals ......................... one and one-half spaces per bed;

(4) Retail stores ..................... one space per 400 square feet of floor area;

(5) Restaurants, bars, theaters, churches and other structures designed for assemblages of eight or more persons ................. one space for each

four seats or for each 50 square feet of

floor area, whichever is less;

(6) Offices ............................. one space per 400 square feet of floor area; and

(7) Warehouses, manufacturing and industrial buildings ....................... one space per 1,000 square feet of floor

area.

(b) Each parking space required under this section shall be not less than eight and one-half feet by 17 feet in size, and adequate driveways and maneuvering area shall be provided to allow access to and exit from each required parking space at all times.

(c) If a building has more than one normal and regular use, the number of parking spaces necessary shall be computed as the total for all such uses, according to the requirements of subsection (a) of this section. If the computation of required parking spaces results in a fractional number, the fraction shall be counted as one full space.

(d) The enlargement of or addition to any building covered by this section shall require off-street parking, in the amount specified by this section, for the original structure as well as for the addition thereto.

(e) Any building which is being used in violation of this section shall be closed and locked by order of the Governor, after the owner thereof is first given 30 days notice and is simultaneously offered a public hearing on the matter during the 30 day grace period, and is afforded such hearing if requested by him in writing five days or more prior to the expiration on the 30 day period of grace. If the owner is not present in the State, he may be notified by certified mail, sent to his last known address. A building ordered closed under this section shall remain closed until the necessary off-street parking spaces and access areas are constructed or until the owner certifies in writing to the Governor that the building will, in the future, be used only for purposes not covered by this section or for purposes for which there are an existing adequate number of off-street parking spaces under this section.

(f) A violation of this section shall occur when a newly constructed building or addition to an existing building is first put to a use listed in subsection (a) of this section without having in existence the required number of off-street parking spaces in the immediate area.

Source: YDC §5201, modified.

	YSC, Title 20. Planning & Economic Development
	Chapter 2. Land Use Control §201. Signs and billboards. §202. Building next to road. §203. Off-street parking space required. §201. Signs and billboards. No non-illuminated sign shall be publicly displayed out-of-doors in the State which sign is larger than 12 square feet, except where a special permit is granted. No illuminated sign shall be publicly displayed out of doors in the State larger than four square feet. No flashing sign of any size may be displayed out of doors. Source: YDC §5200, modified. Cross-reference: The statutory provision regarding penalties for the violation of the public planning provisions of chapters 1, 2, 3, 5, or 10 of this title is found in section 811 of Title 11 (Crimes and Punishment) of this Code. §202. Building next to road. No building whatsoever shall be constructed within 20 feet of the edge of any primary road. Any person who violates this section shall be guilty of a felony and shall, upon conviction, be fined not more than $5,000.00 or imprisoned for not more than two years, or both. Source: YDC §5200.1, modified. Cross-reference: The statutory provisions on Crimes and Punishment are found in Title 11 of this Code. §203. Off-street parking space required. (a) None of the types of buildings listed below shall be constructed or enlarged, in the State, on any island or atoll with a population of 2,000 or more persons, if any portion of such building is within 150 feet of a primary or secondary road, unless off-street automobile parking space is simultaneously constructed in the immediate area of the building and in the amount specified below: (1) Dwellings ......................... one space per dwelling unit; (2) Hotels & apartments........ one space per rental unit; (3) Hospitals ......................... one and one-half spaces per bed; (4) Retail stores ..................... one space per 400 square feet of floor area; (5) Restaurants, bars, theaters, churches and other structures designed for assemblages of eight or more persons ................. one space for each four seats or for each 50 square feet of floor area, whichever is less; (6) Offices ............................. one space per 400 square feet of floor area; and (7) Warehouses, manufacturing and industrial buildings ....................... one space per 1,000 square feet of floor area. (b) Each parking space required under this section shall be not less than eight and one-half feet by 17 feet in size, and adequate driveways and maneuvering area shall be provided to allow access to and exit from each required parking space at all times. (c) If a building has more than one normal and regular use, the number of parking spaces necessary shall be computed as the total for all such uses, according to the requirements of subsection (a) of this section. If the computation of required parking spaces results in a fractional number, the fraction shall be counted as one full space. (d) The enlargement of or addition to any building covered by this section shall require off-street parking, in the amount specified by this section, for the original structure as well as for the addition thereto. (e) Any building which is being used in violation of this section shall be closed and locked by order of the Governor, after the owner thereof is first given 30 days notice and is simultaneously offered a public hearing on the matter during the 30 day grace period, and is afforded such hearing if requested by him in writing five days or more prior to the expiration on the 30 day period of grace. If the owner is not present in the State, he may be notified by certified mail, sent to his last known address. A building ordered closed under this section shall remain closed until the necessary off-street parking spaces and access areas are constructed or until the owner certifies in writing to the Governor that the building will, in the future, be used only for purposes not covered by this section or for purposes for which there are an existing adequate number of off-street parking spaces under this section. (f) A violation of this section shall occur when a newly constructed building or addition to an existing building is first put to a use listed in subsection (a) of this section without having in existence the required number of off-street parking spaces in the immediate area. Source: YDC §5201, modified. Cross-reference: The statutory provision regarding penalties for the violation of the public planning provisions of chapters 1, 2, 3, 5, or 10 of this title is found in section 811 of Title 11 (Crimes and Punishment) of this Code.