V.I. Code tit. 29, § 226 (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 3 - Virgin Islands Zoning and Subdivision Law|Subchapter I - Zoning Law|§ 226. General provisions

 Conflicting regulation  (a) When any provision of this subchapter imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other regulations, statute or law, the provisions of this subchapter shall apply and govern. Covenants not annulled  (b) This subchapter is not intended to abrogate or annul any easement, covenant or other private agreement. Permitted uses  (c) No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or structure or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or structure or land is located, provided that such regulations shall not prohibit the continuance of an existing use. Historic district  (d) This subchapter is intended to supplement the provisions of V.I.C. Title 29, chapter 3, subchapter III, Conservation and Preservation of Historic and Cultural Assets of the Virgin Islands. Special exceptions and variances previously granted  (e) All special exceptions and variances granted by the Planning Office prior to the adoption of this subchapter shall begin actual construction or use of land or structure within the time specified by the Planning Office in its granting of the special exception or variance. Construction begun prior to adoption of the zoning law  (f) Nothing in this subchapter shall be deemed to require any change in plans, construction or designated use of any building or structure upon which actual construction was lawfully begun prior to the adoption of this subchapter and upon which building or structure actual construction has been diligently carried on, and provided further that such building or structure shall be completed within two (2) years from the date of passage of this subchapter. Airports  (g) All airports, airfields, runways, hangars, beacons, and other facilities involved with aircraft operations, where permitted, shall be developed in accordance with the rules and regulations of the Federal Aviation Administration and the Virgin Islands Port Authority which agencies shall approve the preliminary plans submitted to the Government of the United States Virgin Islands. Such plans shall be submitted to and approved by the Legislature before they become effective. Land beneath all aircraft approach lanes, as established by appropriate aeronautical authorities or airport zoning, which is not part of the airport, shall be so developed as not to endanger safe flight conditions to and from an established airport. This provision is supplemental to any adopted airport zoning plan or law. Heliports  (h) Notwithstanding any law to the contrary, no helicopter landing pad, landing or heliport shall be established without the prior approval of the Department of Planning and Natural Resources, the Department of Public Works, the Port Authority and the Legislature. Substandard lots  (i) Any lot in a single ownership, which ownership was of record at the time of the adoption of this subchapter, that does not meet the requirements of this subchapter for yards, courts or other open space may be utilized for single residence purposes, provided the requirements for such yard or court area, width, depth or open space is within seventy-five (75) percent of that required by the terms of this subchapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. Lot limitations  (j) In all residential districts, only the permitted principal structures shall be placed on a zoning lot or lot of record, with the exception of parcels of record or excepted parcels which may be so arranged or subdivided as to provide for more principal structures when the land areas allocated to each structure is equal to or greater than the lot area required for the district, and structure and land complies with all other requirements of the district in which it is located. This requirement shall not apply to planned area or planned residential developments. Lots, yards and open spaces  (k) No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this subchapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building. Permitted height, density or bulk  (l) No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit, density provisions or bulk provisions herein established for the district in which the structure is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio, television aerials and wireless masts, water tanks or similar structures may be erected above the height limits herein prescribed. Except as provided by section 229(m) of this chapter, no such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten (10) percent of the roof area of the building; nor shall such structure be used for any residential purpose of any commercial or industrial purpose other than a use incidental to the principal use of the building. This subsection does not apply to wireless facilities and wireless support structures. Permitted area  (m) No structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the structure is located. Restoration of unsafe buildings  (n) Nothing in this subchapter shall prevent the strengthening or restoring to a safe condition of any part of any building declared unsafe by the Department of Planning and Natural Resources or required by any lawful order. Building grades  (o) Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building but in such a manner as not to cause run-off of surface water to cause injury to adjacent properties. Guts and drainage channels  (p) Guts and drainage channels which exist and which are indicated on the General Development plan or zoning maps of the Virgin Islands are essential for the maintenance of the health and general welfare of the people of the Virgin Islands. Any encroachment upon, filling or destruction of these guts or drainage channels, unless approved by the Department of Planning and Natural Resources, is a violation of this subchapter. Visibility at intersections  (q) No wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which unreasonably or dangerously obstructs or interferes with visibility of drivers of vehicles on a curve or at any street intersection. Accessory buildings in residential districts  (r) In residential districts, accessory buildings, except as otherwise provided in this subchapter, shall be subject to the following regulations: (1) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to all regulations of this subchapter applicable to main buildings. (2) Where utility easements exist, no accessory buildings shall be built over them. (3) An accessory building, not exceeding one (1) story of fifteen (15) feet in height, may occupy not more than twenty-five (25) percent of a required rear yard plus forty (40) percent of any non-required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building. (4) Group accessory buildings (such as community garages) may be erected in the rear yard if approved as to location by the Virgin Islands Planning Office. (5) When an accessory building is located on a corner lot, the side lot line of which is substantially an extension or continuation of the front lot line of the lot to its rear, said accessory building shall not project beyond the front yard line required on the lot in the rear of such corner lot. Dwellings in nonresidential districts  (s) No dwelling shall be erected in any industrial district; however, the sleeping quarters of a watchman or caretaker may be permitted. Dwellings in other than main structure  (t) No residential structure other than principal structures shall be erected upon the rear of a lot or upon a lot with other dwellings. This shall not apply to Planned Developments. Buildings to be moved  (u) Any building which has been wholly or partially erected on St. Thomas, St. Croix or St. John shall not be moved and/or placed upon any premises in the Virgin Islands until a permit for such removal shall have been obtained from the Department of Planning and Natural Resources. When moved onto new premises, such building shall conform to all the provisions of this subchapter. Projections into yards  (v) Architectural features, not including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three (3) feet. Architectural features do not include those details which are normally demountable. District boundaries  (w) Where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply: (1) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed as following such center lines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lines. (3) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line. (4) Boundaries indicated as parallel to or extensions of features indicated in paragraphs (1) through (3) above shall be so construed. Distances not specifically indicated on the official zoning maps shall be determined by the scale of the maps. (5) Where the street or property layout existing on the ground is at variance with that shown on the official zoning maps, or in other circumstances not covered in paragraphs (1) through (4) above, the Zoning Administrator shall interpret the district boundaries. District boundary line  (x) Where a district boundary line shown on the zoning map divides a lot of record at the time of the adoption of this subchapter as in the case of a residence district on one side and a business district on the other, the regulations applying to the business district shall be construed as extending to the entire lot provided that such extension shall not include any part of such lot more than fifty (50) feet beyond the district boundary line. Usable open space  (y) In addition to any and all other requirements set forth in this subchapter for the provision of front, side or rear yards, off-street parking and/or loading, there shall be provided in all multifamily residence districts such additional open space as is set forth herein which shall be used for landscaping and which may not be used for off-street parking or loading purposes. (z) In addition to any and all other requirements set forth in this subchapter regarding the use of open space, there shall be provided in all multifamily residential developments of nine units or more, recreational facilities which shall occupy at least 5% of that area required for open space on the zoning lot. (aa) Notwithstanding any provision of law to the contrary and provided that a residential structure has been constructed and occupancy permits have been issued, any remaining usable space at the base of the structure may be enclosed and used for any residential purpose; provided that construction may not extend beyond the boundaries of the main structure and all parking and sewage requirements have been met prior to completion of the construction. A building permit shall be required for the enclosure and shall be openly displayed along with the original building permit, and all other requirements of this title must be complied with. (bb) Subject to the development requirements prescribed in section 229, solar thermal energy systems and photovoltaic energy systems, are permitted uses, as a matter of right, in all zoning districts, whether such system, plant or structure is a principal use, a part of the principal use, or an accessory use, or structure. However, solar photovoltaic energy systems and their components may not be considered “principal structures”, or “structures”, or “principal commercial structures” for purposes of permitted lot occupancy or set back requirements under section 229 of Title 29.