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0 Costal Zone Information W.P. ZONING REGULATIONS PLANNING REGULATION NO. 4 1969 1969 HT 169.8 P9 Z68 1969 no.-4 Z 0 N I N G R E G U L A T I 0 N S PLANNING BOARD OF PUERTO RICO,SANTURCE, PUERTO RICO P L A N N I N G R E G U L A T 1 0 N S N o. 4 US Department of Commerce NOAA Coastal Services Center Library 2234 South Wobson Avenue Charleston SC 29405-2413 of PuertoRico. IN TESTIMONY OF WHICH, I sign this and have it stamped with the Great Seal-of the.Free Ciated Sta e'@,of Prto Abso'' t ue Rico, in.the cit of San Juan, today, January 7, 1970- (signe) Luis A. Ferre' Promulgated in accordance with the law, today, January 7, 1970. (signed).Fernando.Chardo'n Secretary of State (stamped) I certify that this is a faithful and exact copy of the original as approved by the Governor of Puerto Rico. January 7, 1970. (signed) Juan Rodriguezzlllegibl7o Assistant Secretary of State INTRODUCTION Law No. 213 of May. 12, 1042, as amended, known as "The Law of Planning and Budget of Puerto Rico" assigned to the Planning Board the responsibility*of.guiding urban development and conferred on the Board powers to carry out this responsibility, by means of the adoption and application of regulations to guaranty that the devel- opment of.urban zone s-would occur in harmony with the needs, the convenience and the well-being Of the population'that works and lives together in Ahem. Zoning is the procedure by which the development and growth of cities is guided. For this purpose, by means of zoning maps., there are established in towns or cities and adjacent zones, different districts, each of which is assigned specific uses, such as resi- dential, commercial, industrial, areas to be improved, for public use,-and other uses inherent in the life of a community. Within these districts, adequate rules are specified with respect to the use of buildings and other structures, wit h respect to height and extension of building, density of population, the proportion of the plot on which there may be construction, the size of lots, yards and other free spaces, as well as the placement, the projection in the direction of the street and the size of signs and.announcements. The Zoning Regulations are applicable to the zoned areas of Puerto Rico as established by.the Planning Board in Zoning Maps. The Zoning Maps for m an [email protected] part of, and have the same regula- tory force as, the Zoning Regulations. In accordance with Law No. 429 of April 23, 1946, as amended, the Permits Official is the only one authorized to issue building permits and permits for the use of buildings or structures, in har- mony with the provisions of these Regulations. The Zoning Regulations include in their provisions a procedure by which the Planning Board may make concessions to the requirements established in these Regulations and to hold hearings in those cases in whi ch, ldy:r@,thb.ee xppesssprovis ions of the Regulations, the inter- vention of the Board may be required before the issuance of the pertinent permit The Zoning Regulations and their amendments shall go into effect as soon as the procedures of law are complied with.. Any person who violates the provisions of the Regulations shall be guilt:@-.-.qf3d The 1@aw provides that any party directly interested in the issuance or denial of a bokstruction permit, a sanitary permit, or a permit for the use of land or buildings., may present a certified copy of any decisions or actions of the Planning Board or the Permits Official, to be reviewed by the Board of Appeals concerning Con- struction and Subdivision of Puerto Rico. The period for appeal is limited to thirty (30) days, from the date on which the notifi- cation of the decision or agreement was placed in themail. -III- TABLE OF CONTENTS PLANNING REGULATION NO. 4 (ZONING REGULATIONS) TOPIC 1 GENERAL PROVISIONS AND DEFINITIONS Page SECTION 1.00 - GENERAL-PROVISIONS 1.01 - Title 1.02 - Purposes 1.03 - Application 1.04 - Effective Date 1.05-Terms Employed 1.06 - Meaning of Terms Defined 2 1.01 -Provisions of Other Regulations 2 SECTION 2.00 - DEFINITIONS 2 2.01 - Access 2 2.02 - Airport,Alterrations 2 2.03 - Structural Alterations 2 2.o4 - Building Height 3 2.05 - Road,Width 3 2.o6 - Lot width 3 2.07 - Gross Floor Area 3 2.08 - Parking Area 4 2.09 - Occupied Area. 4 2.10 - Zoned Area 4 2.11 - Open Projecting Balcony 4 2.12 - Apartment Houses 4 2.13 One-family House 4 2.14 Two family'House 4 2.15- Row House 5 2.16 - Building 5 2.17 - Accessory Building 5 2.18 Mezzanine 5 -IV- 2.19 Structure 5 2.20 Family 5 2.21 -Lot Depth 5 2.22 - Building Face 5 2.23 - Board 5 2.24 - Road Line 6 2.25 Rear Lot Line 6 2.26 Side Lot Line 6 2.27 -Official Map 6 2.28. Curbing Leve1 6 2.29 - Legal Nonconformity 6 2.30 - Occupied or Used, 6 2.31 - Permit Off icer 7 2.32 - Front Yard 7 2.33 - Side Yard 7 2.34 - Rear Yard 8 2.35 - Property 8 2.36 - Story 8 2.37 - Repair 8 2.38 - Lot 8 2.39 - Corner Lot 9 2.40 - Interior Lot 9 - Lands 9 2.42 - Housing Unit 9 2.43 - Accessory Use 9 2.44 - Nonconforming Use or Building 9 2.45 Roads 9 TOPIC 2 PERMTTS SECTION _3.00 - REQUEST AND ISSUANCE OF PERMITS 10 3.01 - General Provisions concerning Request and Issuance of Permits 10 -V- 3.02 Request of Permit's 10 3-03 - Issuance of Permits 10 3.04 - Permits Related to Public Roads 11 3.05 - Permits.Related to Airport Zones 12 3.06'- Permits for Legal Nonconformance 12 3.07 - Permits Related to the Exchange of One Nonconforming Use for Another .13 3.08 - Discontinuance of Legal Nonconforming Use 13 3-09 Permits Related to Construction, Alterations, Additions or Repairs to Legal Nonconforming Properties 14 3-@O Timib,;.Limits on Permit Decisions 17 TOPIC 3 MAPS AND TYPES OF ZONING DISTRICTS SECTION 4.oo - ZONING MAPS 20 4.01 - General 20 4.02.- Amendments to a Zoning Map 20 SECTION 5.00 TYPES OF ZONING DISTRICTS 22. 5.01 General 22 5.02 - Limits of Districts 23 5-03 Cases of Lots with Two Classifications 23 ,TOPIC ZONING DISTRICTS SECTION 6.oo R-0 DI.STRICT 24- 6.01 Purposes of the R-0 District 24 6.02 - Uses in R-0 Dibt-ricts 24" 6.03 - Height in R-0 Districts 25 6.04 - Lot Size in R-0 Districts 25 6.o5 - Population Density in R-0 Districts 25 6.06 - Occupiable Area in R-0 Districts 25 6.07 - Gross Floor' Area in R-0 Districts 25 -VI- 6..08 -Front Yard in R-0 Districts 26 6.09 -Side Yards in R-0 Districts 26 6.10 -Rear Yard in R-0 Districts 26 6 .11 -Accessory BiAldings and Uses 'in R-0 Distric,@-,s 26 6.12 -Parking Areas in.R=O. Districts- 26 6-13 -Marquees in R-0 Districts 26 6. 14 -Loading and Unloading Space in R-0 6 Districts 2 6i15 -Towers, Fences and Gateways in R-0 Districts 27 6.16 -Signs in R-0 Districgs 27 6.17 -Projecting Structures in R-0 Districts 27 6.18 -Special Cases in R-0 Districts- 27 SECTION 7.00 -R-1 DISTRICTS@ 30 7.01 -Purposes of the R-1 District 30 7.02 -Uses in R-1 Districts 30 7-03 -Height in R-1 Districts 30 7.04 -Lot Size in an R-1 District 30 7.05 Population Density in R-1 Distric,@s 30 7.06 Occupiable Area in R-1 Districts 31 7.07 Gross Floor Area in R-1 Districts 31 7.08 -Front Yard in R"l Districts 31 7.09 -Side Yards in R-1 Districts 31 7.10 -Rear Yard in R-1 Districts 31 7.11 -Accessory Buildings and Uses in R-1 Di-stricts 31 7.12 -Parking Areas in R-1 Districts 31 7-13 -Marquees in R-1 Districts 32 7.14 -Loading and Unloading Space in R-1 Districts 32 7.15 -Towers, Fences and Gateways in R-1 Districts 32 7.16 -signs in R-'l Districts 32 7.17 -Projecting Structures in R-1 Districts 32 -VII- SECTION 8.00 R-2 DISTRICTS 33 8.01 Purposes of R-2 Districts 33 8.02 - Uses of R-2 Districts 33 8.03 - Heights in R-2 Districts 33 8.04- Size of Lots in R-2 Districts 33 8.05 - Population Density in R-2 Districts 33 8.06 - Area of Occupation in R-2 Districts 34 8.07 - Gross Floor Space in R-2 Districts 34 8.08 - Front Yard in R-2 Districts 34 8.09 - Side Yards in R-2 Districts 34 8.10 - Rear Yards in R-2 Districts 35 8.11 Accessory Buildings and Uses in R-2 Districts 35 8.12 Parking Areas in R-2 Districts 35 8-13 Marquees in R-2 Districts 35 8.14 Loading and Unloading Space in R-2 Districts 35 8.15 Towers,-Fences and Gateways in R-2 Districts 35 8.16 Signs in R-2 Districts 36 8.17 Extending Structures in R-2 Districts 36 SECTION 9.00 R-3 DISTRICTS 37 9.01 - Purposes of R-3 Districts 37 9.02 - Uses in R-2 Districts 37 9.03 - Heights in R-3 Districts 37 9.04 - Size of Lots in R-3 Districts 37 9.05 - Population Density in R-3 Districts 38 9.06 Area of Occupation in R-3 Districts 38 9.07 - Gross Floor Space in,R-3 Districts 38 9.08 - Front,Yards in R-3 Districts 38 9.09 - Side Yards in R-3 Districts 39 9.10 - Rear Yards in R-3 Districts 39 9.11 - Accessory Buildings and Uses in R-3 Districts 39 9.12 Parking Areas in R-3 Districts 39 -VIII- 9.13 Marquees in R-3 Di stricts .40 9.14 Loading and Unloading Space in R-3- Districts 40 9.15 Towers, Fences.and Gateways in R-3 ...Districts 40 9.16 -Signs in R-3 Districts-.. '4o 9.17 -Extending Structures in R-3 Districts 40 SECTION 10.00 -R-4 DISTRICTS 41 10.01 -Purposes of R-4 Districts 41 10.02 -Uses in R-4 Districts 41 10..03 -Heights in R-4 Districts .41 10.04 -Size of Lots in R-4 Districts .41 10.05 -,Population Density in R-4 Districts 41 10.06.- Area of Occupation in R-4 Districts 42 10-07 - Gross Floor Space in R-4 Districts' 42 10.08 -Front Yards in R-4 Districts 42 10.09 -Side Yards in R-4 Districts 42 10.10 -Rear Yards in R-4 Districts 43 10.11 -Accessory Buildings and Uses in.R-4 Districts 43 10.12 -Parking Areas in R-4 Districts 43 10.13 -Marquees in R-4.Districts 43 10-14 -Loading and Unloading Space in R-4 Districts 43 10.15 Towers, Fences and Gateways in R-4 Districts 1.0.16 Signs in R_4 Districts 44 10-17 ExtendingZtructures in R-4 Districts 44 SECTION 11.00 R-5 DISTRICTS 45 11.01 -Purposes of. the R-5 District 45 11.02 -Uses in R-5.Dittricts 45 11-03 -Heights in R-5 Districts 45 11.04'-- Sizes of Lots-in R-5 Districts 45 11.05 -Population Density in R-5 Districts 45 11.06 -Area of Occupation in@R-5 Districts 49 -IX- 11.07 Gross Floor Area in R-5 Districts 49 11.08 Front Yards in R-5 Districts 11.09 Side Yards in R-5 Districts 51 11.10 Rear Yards in R-5 Districts 51 11.11 Separation between Principal Buildings or Areas on the Same Lot in R-5 Districts 51 11.12 Accessory Buildings and Uses in R-5 Districts 52 11-13 - Parking Areas in R-5 Districts 52 11.14 - Marquees in R-5 Districts 53 11-15 - Loading and Unloading Space in R-5 Districts 53 11.16 - Towers, Fences and Gateways in R-5 Districts 54 11-17 - Signs in R-5 Districts 54 11.18 - Extending Structures in R-5 Districts 54 SECTION 12.00 -6 DISTRICTS 55 12.01 - Purposes of the R-6 District 55 12.02 - Uses in -6 Districts 55 12.3 - Heights in R-6 Districts 55 12.04 - Population Density in R-6 Districts 55 12.5 - Area of Ocupation.in R-6 Districts 56 12.06 - Gross Floor Space in,R-6n Districts 56 12.07 Yards in R-6 Districts 56 12.08- Accessory Buildings and Uses in R-6 Districts 56 12.09 - Marquees in R-6 Districts 57 12.10 - Towers, Fences and Gateways in R-6 Districts 57 12.11 - Signs in R-6 Districts 57 12.12 - Extending Structures in R-6 Districts 57 SECTION 13.00 - C-1 DISTRICTS 58 13.01 - Purposes of C-1 Districts 58 - Uses up to the First Floor Level in C-1 Districts' 58 13.03 Uses of the Second Floor Level in C-1 Districts 61 13.04 - Heights in C-1 Districts 63 13.05 - Sizes of Lots in C-1 Districts 63 13.06 - Population Density in C-1 Districts 63 13.07 - Area of Occupation in C-1 Districts 64 13.08 - Gross Floor Space in C-1 Districts 64 13.09 - Front Yards in C-1 Districts 64 13.10 - Side Yards in C-1 Districts 65 13.11 - Rear Yards in C-1 Districts 65 13.12 - Accessory Buildings and Uses in C-1 Districts 66 13.13 - Parking-Areas in C-1 Districts 66 13.14 - Marquees for the Parking of Vehicles in C-1 Districts 66 13.15 -Loading and Unloading Space in C-1 Districts 66 13.16 -Towers,and-Fences in C-1 Districts 67 13.17 -Signs in C-1 Districts 67 13.18 -Extending Structures in C-1 Districts 67 SECTION 14.00 -C-2 DISTRICTS 69 14.01 - Purposes of the C-2 District 69 14.02 -Uses in C-2 Districts 69 14.03 - Heights C-2 Districts 73 14.04 -Size of Lots in C-2 Districts 73 14.o5 -Population Density in C-2 Districts. 74 14.o6 -Area of Occupation in C-2 Districts 74 14.07- Gross Floor'Space in C-2 Districts 75 14.o8 -Front Yards in C-2 Districts 75 14.o9 -Side Yards in C-2 Districts 76 14.10 - Rear Yards in C-2 Districts 76 14.11 - Accessory Buildings and Uses in C-2, Districts. 77 14.12 - Parking Areas in 0-2 Districts 77 14.13 - Marquees for the Parking of a Vehicle in C-2 Districts 77 14.14 - Loading and Unloading Space in C-2 Districts 77 -XI - 14-15 - Towersand Fences in C-Z Districts 78 14.16 - Signs in C-2 Districts 78 14-17 - Extending Structures in C-2 Districts 78 SECTION 15-00 - C-3 DISTRICTS 80 15-01 -Purposes of the C-3 District 80 15.02 -Uses in C-3 Districts 80 15-03 -Heights in C-3,Districts 84 15.04 -Size of Lots in C-3 Districts 85 15-05 -Population Density in C-3 Districts 85 15-06 -Area of Occupation in C-3 Districts 86 15-07 -Gross Floor Space in C-3 Districts @86 19-.08 -Front Yards in C-3 Districts 86 15-09 -Side Yards in C-3 Districts 87 15-10 -Rear Yards in C-3 Districts 88 15-11 -Accessory Buildings and Uses in C-3 Districts 88 15.12 -Parking Areas in C-3 Districts 89 15-13 -Marquees for the Parking of a Vehicle in C-3 Districts 89 15.14 -Loading and Unloading Space in C-3 Districts 89 15-15 -Towers and Fences in C-3 Districts 89 15.16 -Signs in C-3 Districts go 15-17 -Extending Structures in C-3 Districts 90 15 SECTION 16.00 -C-4 DISTRICTS 91 16.01 -Purposes of the C-4 District 91 16.02 -Uses in C-4 Districts 91 16-03 -Heights in C-4 Districts 92 16.04 -Sizes of Lots in C-4 Districts 92 16.05 -Area of Occupation in C-4 Districts 92 16.06 -Gross Floor Space in C-4 Districts 92 16-07 -Yards in C-4 Districts 92 16.08 -Accessory Uses in C-4 Districts 92 16.09 -Parking Areas in C-4 Districts 93 _XII_ 16.10 Loading and Unloading-Space in C-4 Districts 93 16.11 - Towers and Fences in C-4 Districts 93 16.12 - Signs in C-4 Districts 93 16.13 - Extending Structures in C-4 Districts 93 SECTION 17-00 C-5 DISTRICTS 94 17-01 - Purposes of the C-5 District @94 17-02 - Uses in C-5 Districts 94 .17-@03-Buildings, Accessory Uses and Signs in C-5 Districts @94 17.04 - Parking Areas in C-5 Districts 94 SECTION 18.00 c-6.DISTRICTS 95 18.01 Purposes of the C-6 District 95 18.02 --Uses in C-6 Districts 95 18-03 - Additional Uses in C-6 Districts 96 18.04 - Heights in C-6 Districts 97 18.05 - Population Density in C-6 Districts 98 18.o6 - Area of Occupation in C-6 Districts 98 18-07 - Gross Floor Space in C-6 Districts 98 18.08 - Yards in C-6 Districts 99 18.09 -'Accessory Uses in C-6 Districts 99 18.10 - Parking Areas in C-76.Distr:*@cts 99 18.11- Zoading and Unloading Space in C-6- Districts 99 18-12, Towers.and Fences in C-6 Districts 100 18.13 Signs in C-6 Districts 100 18.14 Extending Structures in C-6 Districts 100 SECTION 19.00 1-1 DISTRICTS 101 19.01 - Purpoqes of the I-1 District 101 19.02 - Uses in I-1 Districts 101 19-03 - Heights in I-1 Districts 103 19.04 Size of Lots in I-1 Districts 104 19-05 Area of Occupation in I-1 Districts 104 -XIII- 19.06- Gross.Floor Space in I-1 Districts 104 19.07 - Front Yards in I-1 Districts 104 19.08 - Side Yards in I-1 Districts 105 19.09- Rear Yards in I-1 Districts 105 19.10 - Accessory Buildings and Uses in I-1 Districts lo6 19.11 - Parking Areas in I-1 Districts lo6 19-12 Lading and Unloading Space in 1-1 Districts lo6 19-13 Towers and Fences in I-I Districts 106 6 19.14 Signs and Announcements in I-1 Districts 106 19-15 Extending Structures in I-1 Districts 106 SECTION 20.00- IL-1 DISTRICTS 108 20.02 - Purposes of the IL-1 District 108 20.02- -Uses in IL-1 Dis tricts 108 20-03 - Heights in IL-1 Districs 110 20.o4 - Size of Lots in IL-1 Districts 110 20.05- Area of Occupation in IL-1 Districts 111 20.06 -Gross Floor Space in IL-Districts 1ll 20.07- Front Yards in IL-1 Districts 1ll 20.08 -Side Yards in L-1 Districts 1ll 20.09 -Rear-Yards in IL-1 Districts 1ll 20.10 - Accessory Buildings and Uses in IL-1 Districts- 112 20.11 - Parking Areas -in IL-1 Districts 112 20.12 - Loading and Unloading Space in IL-1 Districts 112 20.13 - Towers and Fences in IL-1 Districts 112 20.14- Signs or Announcements in IL-1 Districts 112 20.15 -Extending Structures in IL-1 Districts,112 SECTION 21.00 - 1-2 DISTRICTS 114 21.01 Purposes of the 1-2 District 114 21.02 Uses in 1-2 Districts 114 21.03 Additional Uses in 1-2 Districts 116 _XIv_ -21**04- Heights in 1-'2 Districts 118 21.05 - Size-of Lots in 1-2 Districts 118 21.06 -.Area of Occuption in 1-2 Districts 118 21.07 Floor Space in 1-2 Districts 118. 21.08 Front Yards in 1-2 Districts 118 21.09 Side Yards in 1-2 Districts 118 21.10 Rear Yards'in 1-2 Districts 119 21-11 -.Accessory Buildings and Uses in 1-2 Distric.ts 119 21.12 - Parking Areas in 1-2 Districts 119 21.13 - Loading and Unloading Space in 1-2 Districts 119 21.14-- Towers and Fences in 1-2 Districts 119 21.15 Signs and Announcements in 1-2 Districts 119 21.16 Extending Structures in 1-2 Districts 120 SECTION 22.00 IL-2 DISTRICTS 121 22.01 - Purposes of the IL-2 District 121 22.02 - Uses in IL-2.Districts 121 22.03 - Additional Uses in IL-2 Districts 122 22.04 - Heights in IL-2 Districts 122 22.05 - Size of Lots in IL-2 Districts 122 22.06 - Area of Occupation, Gross Floor Space and Sizes of Yards in IL-2 Dibtricts 123 22-07 Accessory Buildings and Uses in IL-2 Districts 123 22.08 Parking Areas in IL-2 Districts 123 22.09 - Loading and Unloading Spaces in IL-2 Districts 123 22.10 - Towers and Fences in IL-2 Districts 123 22.11 - Signs or Announcements in IL-2 Districts 123 22.12 - Extending Structures' in IL-2 D Districts 124 -XV- SECTION 23.00 - DISTRICTS 125 23.01- Definition of the M District 125 23.02 - Establishment of M District 125 23.03 - Construction, Improvements and Changes of Use in M Districts. 126 23.04 - Reclassification of.M Districts 126 SECTION 24.oo - P DISTRICTS 127 24.01 - Uses in P Districts 127 24.02 - Height, Size of Lot, Population Density, Area-of Occupation, Gross Floor Space, Size of Yards, Accessory Buildings and Uses, Parking, Marquees,. Loading and Unloading Space, Towers, Fences Gateways and Signs in P Districts 127 24.03 TOPIC 5 ROW HOUSES AND APARTMENT HOUSES IN R-3 and R-4 DISTRICTS SECTION 25.00 - ROW HOUSES IN R-3 AND R-4 DISTRICTS 129 25.01 - General 129 25.02 - Housing Units in a Row House in R-3 and R-4 Districts 129 25.03 - Height of Row Houses in R-3 and R-4 Districts 129 25.04 - Size of Lots for Row Houses in R-3 and R-4 Districts 129 25-05 - Population Density for Row Houses in R-3 and R-4 Districts 130 25.o6 -Area of Occupation for Row Houses in R-3 and R-4 Districts 130 25.07 - Gross Floor Space for Row Houses-in R-3 and R-4 Districts 130 25.08 - Front Yards for Row Houses in R-3 and R-4 Districts 130 25.09 Side and Rear Yards for Row Houses in R-3 and R-4 Districts 25.10 Separation between Row Houses or a Areas on the Same Lot in R-3 and R-4 Districts 131 _XvI_ 25-11- Accessory Buildings and Uses in Row Housing Projects in R 3 and R-4 Distric@,,s 131 25.12 - Parking Areas for Row Houses in' R-3 and ,A.-4 Districts, 131 25-13 - Marquees for Row Houses in R-3 and R-4 Districts 132 25.14 - Towers, Fenc es and Gateways for Row Houses in R-3 and R-4 Districts 132 25-15 - Signs on Row Houses in R-3 and ,A-4 Districts 132 25.16 - Extending Structures in Row Housing Projects in R-3 and R-4 Districts 132 25-17 - Other Aspects.related to Row Housing Projects in R-3 and R-4 Districts 132 SECTION 26.oo - APARTMENT HOUSES IN R-3 and R-4 DISTRICTS 133 26.ol - General 133 26-02 - Height of Apartment Houses in R-3 and R-4 Districts 133 26-03 - Population 'Density in Apartment House Projects in R-3-and R-4 Districts 133 26.04 -,Area of Occupation in Apartment House Projec@s in R-3 and R-4 Districts 135 26-05 - Gross Floor Space in Apartment House Projects in R-3 and R-4 Districts 135 26.06 - Yards for Apartment Houses in R-3 and R-4'Districts 136 26-07 - 'Separation between Apartment Houses on the Same Lot in R-3 and R-4 Districts 136 26.08 - Separation between Apartment Houses and Areas on the Same Lot in R-3 and R-4 Districts 136 26.og Accessory Buildings and Uses ihn Apartment House Pro@ects in R-3 and R-4 Districts 136 26.10 Parking Areas for Apartment House Projects in R-3.and R-4 Districts 137 26.11 Marquees in Apartment House Projects in R-3and R-4 Districts 137 _X1VII_ 26.12 - Loading and Unloading Space in Apartment House Projects in R-3 and R-4-Districts 137 26-13 - Towers, Fences and Gateways in Apartment House Projects in R-3 and R-4 Districts 137 26.14 Signs in Apartment House Projects in R-3 and R-4 Districts 137 26.15 Extending Structure-s in Apartment House Projects in R-3 and R-4 Districts-,, 138 TOPIC 6 GASOLINE STATIONS SECTION 27-00 GENERAL PROVISIONS 1-3 9 27-01 Initiative 139 27.02 Study of Viabilityb 139 27-03 Public Hearings 140 27-04 - Separation between Gasoline Stations 140 27-.05 Separation between Gasoline-Stations and Areas used for'Certain Other Purposes 142 27.06 Measurements of Separation between @*Gasoline'Stations and between such Stations and Areas for Other Uses 143 27-07 Uses Bordering on Gasoline Stations 143 27.08 Area to.be Utilized for Gasoline Stations in a Zoned District 144 27-09 Situation of Gasoline Pumps 144 27-10 Security against Fires in Gasoline StatLons 144. 27-11 - Accesses to Gasoline Stations 144 27-12 - Protection against the Weather in Gasoline Stations 145 27-13 Extending Structures in Gasoline Stations 145 27.14 - Changes in Use in Gasoline Stations 145 27-15 - Prerogatives oftthe Board .146 _XVIII_ SECTION 28.00 GASOLINE STATIONS IN C-1, C-2, C-3f c-4 and c-6 DISTRICTS 148 28.01 - General 148 28.02 - Uses.in*Gasoline Stations in C-1,-C-2, C-3, c-4 and c-6'Districts 148 28.03 - Height of Gasoline Stations in C-1, C-2, C-3, C-4 and C-6 Districts 148 28.04 - Size of Lot for Gasoline Stations in C-1, Ca-2, C-3, C-4 and C-6 Districts 149. 28.05 - Area of Occupation-for Gasoline Stations in C-1, C-2, CQ3, c-4 and C-6-Districts 149 28.06 Q, Yards for Gasoline Stations in C-1, C-2, C-3, C-4 and C-6 Districts 149 28.07 Accessory Buildings and Uses in Gasoline Stations in C-1, C-2, C-3, C-4 and C-6 Districts 149 28-08 Alterations, Reconstructions, En- largements or Additions of Facilities to Appurtenances in C-1, C-2, C-39 C-4 and C-6 Districts 150 SECTION 29.00 GASOLINE STATIONS IN I-1, IL-Land @I-2 DISTRICTS 152 29.01,-- General 1 c;2 29.02 Uses in Gasoline Stations in I-1, IL-1 and'I-2 Districts 152 20.03-- Height of Gasoline Stations in I-1, IL-1 and 1-2 Districts .153 29.04 - Size of Lot for Gasoline Stations in I-1, IL-1 and 1-2 Districts J53 29.05 - Area of Occupation, Gross Floor Space and Size of Yards for Gasoline Stations in I-1, IL-1 and 1-2 Districts 153 29..06 Accessory Buildings and Uses in Gasoline Stations in I-1, IL-1 and 1-2 Districts 153 29-07 Alterations, Reconstructions, Enlargements or Additions of Facilities in Appurtenances in I-1, IL-1 and 1-2 Districts 153 -XIX- TOPIC 7 ADDITIONAL@PROVISIONS CONCERNING HEIGHT SECTION 30-00 - TOWERS, FENCES AND GATEWAYS 155 30-.01 - Towers 155 30.02 - T@ences 155 30-03 Gateways 156 TOPIC 8 PARKING AREAS SECTION 31-00 GENERAL PROVISIONS, DESIGN AND PROVISION OYSPACE FOR THE PARKING OF VEHICLES 157 31-01 - General Provisions 157 31-02 - Design 159 31.03 - Provision of Space for Parking of Vehicles 16o TOPIC 9 MARQUEES IN RESIDENTIAL DISTRICTS SECTION 32.00 - GENERAL PROVISIONS CONCERNING MARQUEES IN RESIDENTIAL DISTRICTS 164 32.01 Minimum Width of Space for the Park- ing of Vehicles 164 32.02 Minimum Length of Space for the Park- ing of a Vehicle .164 32-03 Closing of the Front Side of the Marquee 164 32.04 Closing of the Side of the Marquee 164 32.05 Cle,'sing of the Rear Side of the Marquee 164 32.06 Use of the Ro'of of the Marquee as an Open Terrace 165 SECTION 33-00 MARQUEES WITHIN ONE OF THE REQUIRED YARDS IN A RESIDENTIAL DISTRICT 166 33-01 General 166 33.02 Height for Marquees within One of the Required Side Yards in Resident- ial Districts 166 _XX_ 33.03 -.Maximum Width of Marquees within One of the Required.Slde Yards in a Residential District 166 33.o4 Length of Marquees within One of the Required Side Yards in a.Residential District 166 33-05 Separation between the Space for the ,Parking of a Vehicle and Other Uses in the Marquees within One of the. Required Side Yards in a Residential District 167 33.06 ."Closet" Facilities on the Opposite Side of aMarquee from the Principal Building, within One of the Required Side Yards in a Residential District 167 SECTION 34.oo - MARQUEES WITHIN THE OTHER REQUIRED SIDE YARD IN A RESIDENTIAL DISTRICT 168 34.01 - General 168 34.02 - Height of Marquees within the Other Required Side Yard in a Residential District 168 34-03 Maximum Width for Marquees within the Other Required Side Yard in a Residential District 168 34.04 - Length for Marquees within the Other Required Side Yard in a Residential District 168 SECTION 35-00 - 'MARQUEES WITHIN THE REQUIRED REAR YARD IN A CORNER LOT IN A RESIDENTIAL DISTRICT 169 35-01 - General. 169' -35.02 - Height of'Marquees within. the, Required Rear'Yard in.-a.Corner Lot. in a Residential District' 169 35-03 Maximum Width for Marquees within the Required Rear Yard of a Corner Lot,in a'Residential Di.strict .169 35.04 Length for Marquees within the Required Rear Yard of a Corner Lot in a Residential District 169 -xxi- TOPIC 10 ACCESSORY BUILDINGS AND USES SECTION 36..oo ACCESSORY BUILDINGS AND.USES IN RESIDENTIAL DISTRICTS 170 36.01 - General 170 36.02 - Separate Housing Units in Accessory Buildings in R-0, R-2, R-3, R-4, R-5 wrd and R-6 Districts 170 36--03 - Home Business occupations and Professional Offices or Studios of a Resident as Accessory Uses in Residential Districts 170 36.04 Barber Shops or Beauty Salons as Acce.ssory Uses in Residential Districts 172 36-05 Height for Accessory Buildings in Residential Districts 173 36.06 Area of Occupation for Accessory Buildings in Residential Distric.ts 173 j6-'07 Gross Floor Space for Accessory 'Buildings in Residential Districts 173 36.08 Location of Accessory Buildings and Uses in Residential Districts 174 36.og SECTION 37-00 ACCESSORY BUILDINGS AND USES 177 37-01 - General 177 37.02 - Storage as an.Accessory Use in C-1, C-2 and C-3 Districts 177 37-03 - Height of Accessory Buildings in C-1, C-2 and C-3 Districts 177 37.04 Area of Occupation for Accessory Buildings in C-1,,C-2 and C-3 Districts 177 37-05 Gross Floor Space for Accessory Buildings 178 37-06 Location of Accessory Buildings and Uses in C-1, C-2 and C-3 Districts 178 SECTION 38.00 ACCESSORY BUILDINGS AND USES IN I-lf IL-1 and 1-2 DISTRICTS 181 38-01 General 181 _XXII_ 38.02 as an Accessory Use in II,-l and,I-2 Districts 181 38-03 Housing Facilities as an Accessory Use in I-1, IL-1 and 1-2 Districts 181 38.04 Height of Accessory Buildings in I-1, IL-1 and 1-2 Districts 181 38-05 Area'of Occupation and Gross Floor Space for Accessory Buildings in I-1, IL-1 and 1-2 Districts 181 38.06 Location of Accessory Buildings and Uses in I-1, IL-1 and 1-2 Districts 182 TOPIC 11 LOTS WITH AREA, WIDTH OR DEPTH LESS THAN THAT REQUIRED SECTION 39.00 - AREA OF OCCUPATION AND SIZE OF.SIDE AND REAR YARDS TO BE PERMITTED ON LOTS WITH AREA., WIDTH OR DEPTH LESS THAN THAT*PERMITTED IN RESIDENTIAL DISTRICTS 184 39--01 Area.of Occupation for Lots with'an Area less-than that Required 184 39-02 Side Yards on Lots with a Width Less than that Required' 185 39-03 Rear Yards on Lots.with a.Depth less than that Required 186 TOPIC 12 ALTERATIONS AND ENLARGEMENTS OF STRUCTURES WITH LEGAL NON-CONFORMING USES SECTION 40.00 - A.LTERATI(D,NS AND ENLARGEMENTS OF STRUCTURES WITH LEGAL NON-CONFORMING USES IN RESIDENTIAL DISTRICTS 188 40.01 - Alterations and Enlargements in Legal Non-Conforming Uses in Residential Districts 188 4o. TOPIC 13 PROJECTS FOR EXTENSIVE RESIDENTIAL DEVELOPMENTS AND DIFFERENT TYPES OF BUILDINGS -XXIII- SECTION 41.00 - PROJECTS FOR EXTENSIVE RESIDENTIAL DEVELOPMENTS 190 41.01 - General Provisions for Extensive Residential Development Projects. 41.02- Types of Buildings to be Permitted in Extensive Residential Development Projects 191 SECTION 42.00 - ONE-FAMILY OR TWO-FAMILY HOUSES IN EXTENSIVE RESIDENTIAL DEVELOPMENT PROJECTS 192 42.01 - General 192 42.02 - Height of One-Family or Two-Family Houses 192 42.03 - Size of Lots for One-Family or Two-Family Houses 192 42.04 - Area of Occupation for One-Family or Two-Family Houses 192 42.05 - Gross Floor Space for One-Family or Two-Family Houses 192 42.o6 - Yards for One-Family or Two-Family Houses 192 42.07 - Accessory Buildings and Uses in Projects for One-Family or Two- Family.Houses 193 42.08- Marquees in One-Family or Two-Family Projects 193 42.09 - Towers, Fences and Gateways for One-Family or Two-Family Houses 193 42.10 - Signs on One-Family or Two-Family Houses 193 42.11 -Projecting Structures in One-Family or Two Family Housing Projects, 193 42.12- Other Aspects related to Projects for One-Family or Two-Family Houses 194 SECTION 43.00 ROW HOUSES IN EXTENSIVE RESIDENTIAL PROJECTS 195 43.01 - General 195 43.02 - Housing Units in One House in a Row 195 43.03- Height for Row Houses.. 195 _xXIV_ 43.04 Size of Lots for Row Houses 195 .43-05 Population Density for Row Houses 195 43.06 Area of Occupation for Row House's 195 43-07 - Gross Floor Space for Row Houses 196 43.08 - Front Yards for Row Houses 196 43-09 - Side and Rear Yards for Row Houses 196 43-10 - Separation between Row Houses or Areas on the Same Lot 196 43-11 - Accessory Buildings and Uses in Row House Projects 197 43-12 - Parking Areas for Row Houses 197 43-13 - Marquees for Row Houses 197 43.14 Towers, Fences and Gateways for Row Houses 197 43-15 Signs on Row Houses 197 43.16 .- Projecting Structures in Row Housing-Projects 197 43-17 Other Aspects Related -to Row Housing Projects 198 @SECTION 44.oo APARTMENT HOUSE PROJECTS IN EXTENSIVE RESIDENTIAL DEVELOPMENTS 199 44.01 General 199 44.02 7-Height of Apartment Houses 199' 44.03 - Population Density in Apartment. House.Projects 199 44.o4 Area of Occupation in Apartment House Projects 2,01 44.05 Gross Floor Space in Apartment House Projects 201 44.06 Front Yards for Apartment Houses 202 44-07 Side Yards forApartment Houses 202 Rear Yards for Apartment Houses. 202 44.09 - Separation between Apartment Houses or Areas on the Same Lot 202 441.@10- Accessory Buildings and Uses in Apartment House Projects 203 _XXV_ 44.11 Parking Areas for Apartment House Projects 204 44.12 - Marquees in Apartment House Projects 204 44-13 - Loading and Unloading Spa0e__.'fCir Apartment@House Projects 204 44.14 - Towers, Fences and Gateways in Apartment House Projects 204 44.15 - Signs in Apartment House Projects 204 44.16 - Commercial Facilities in Apartment House Projects 204 44-17 - Projecting Structures in Apartment House Projects .205 44-18 - Other Aspects Related to Apartment- House Projects 205 45.oo TOPIC 14 PROJECTS FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENTS SECTION 45-00 - PROJECTS FOR COMMERCIAL DEVELOPMENTS 206 45-01 - Shopping Centers 206 45.02 - Extensive Commercial Centers for. Recreation 206 45-03 - Commercial Developments for Neighbor- hood Services 207 4 SECTION 46.oO - PROJECTS FOR INDUSTRIAL DEVELOPMENTS 208 46.01 - Light Industrial Developments 208 46.o2 - Limited Heavy Industries 209 TOPIC 15 STG11S4S1GNS AND ANNOUNCEMENTS f, FT -7 TV SE,CTISN 47-00 - GENERAL PROVISIONS CONCERNING SIGNS AND ANNOUNCEMENTS 211 47-01 - Installation of Signs and Announce- ments 211 47-02 - Size of Signs or Announcements. 211 47-03 - Content of.Signs or Announcements 212 47.o4 - Placement and Location'of Signs and' Announcements 213 _XXVI_ SECTION 48.00 - SIGNS IN RESIDENTIAL DISTRICTS 216 48.01 - General 216 48.02 - Signs Announcing Professional Activities or Household Occupations 216 48.03 - Signs concerning the Sale or Rental of Real Estate 216 48.04 - Identification Signs for Rooming Houses 216 48.05 - Identification Signs-for Hotels 217 48.06 - Commercial Signs for Activities 217 48-07 - Institutional Signs 217 48.08 - Signs on Construction Works 218 SECTION 49.oo - SIGNS IN COMMERCIAL DISTRICTS 220 49.01 - General 220 49.02 - Commercial or Institutional Signs 220, 49.03'- -Commercial Signs on the Ground for Businesses that Operate without a Building or Call Attention to the Sale or Rental of a-Lot without Buildings 222 49.04 - Institutional Signs on the Ground 222 49-05 - Commercial Signs on the Ground for Gasoline Stations or Businesses of the "Drive-In" Type. 222 49.06 - Commercial Signs on the Ground for the Identification of Shopping Centers 223 49.07 - Commercial Signs on the Ground for the Identification of Commercial Centers in C-6 Districts 224 49.08 - Signs on Construction Works 225 SECTION 50.00 - SIGNS AND ANNOUNCEMENTS IN INDUSTRIAL DISTRICTS 227 5,0.01 - General 227 50.02 - Commercial and Institutional Signs on Walls 227 50-03 - Commercial Signs or Announcements on the Ground on Vacant Lots or Parcels of Land 228 _XXVII_ 50.04 Commercial or Institutional Signs or Announcements on the Ground in Lots or Land Parcels where a Build- is Situated' 229 50-05 Commercial Signs on the Ground.for Gasoline Stations or Businesses of the "Drive-In" Type 229 5.06 SECTION 51-00 OTHER SIGNS TO BE PERMITTED IN ANY DISTRICT 05 51-01 General 230 51-02 Traffic.Signs 230 51-03 Signs indicating Danger 230 51-04 Temporary Signs 230 SECTION 52.00 SAFETY OF SIGNS AND ANNOUNCEMENTS @32 52-01 General 232 52.02 - Signs or Announcementsthat Obstruct the View 232 52-03 - Signs or Announcements that.have Reflectors, Lights or Devices that Emit Flashes 232 52.04 Signs or Announcements that are on the Edge of a River or Arroyo 2,32 52-05 Signs or Announcements. that are Situated in such a way that they Project Shade 232 52.06 - Signs or Announcements that have the Design of Traffic Signals 232 52-07 - Signs or Announcementsthat are Situated on.Slopes or High Points 232 52.08 - Signs or Announcements that Contain Written Material that Cannot be Read 233 TOPIC 16 EXCEPTIONS AND DIRECT AUTHORIZATIONS SECTION 53-00 - EXCEPTIONS 234 53-01 - General Provisions concerning Exceptions 234 53.02 - Special Cases 234 _XXVIII- 53-03 - Conditions for Making Exceptions 238 53.04 - Period of Effect of Decisions con- cerning Exceptions 238 SECTION 54.00 - DIRECT AUTHORIZATIONS 239 54.01 - General Provisions concerning Direct Authorizations 239 54.02 - Special Cases 239 54-03 - Other Uses to be Permitted by the Board in Residential Districts 240 54.04 - Conditions for Making Direct Authorizations 252 54-05 Period of Effect of the Decisions, concerning Direct Authorizations 252 TOPIC 17 VARIOUS PROVISIONS SECTION 55.00 INTERIOR AND SEMI-INTERIOR YARDS (PATIOS) 254 55-01 - Interior Patios 25.4 55.02 - Semi-Interior Patios 254 SECTION 56.oo - PENALTY AND ESCAPE CLAUSE 255 56.01 - Penalty 255 56.02 - Escape Clause 255 APPENDIX 256 RESOLUTION JP-190 DETERMINATION-OF THE UNIT TO BE USED IN THE COMPUTING OF NEIGHBORHOOD FACILITIES IN APART- MENT HOUSE PROJECTS 2,1@7 RESOLUTION JP-191 - INTERPRETATIONS OF PROVISIONS OF PLANNING REGULATION No. 4 (ZONING REGULATION) 26o RESOLUTION JP-192 - CLARIFYING THE USE OF THE TERMS FAMILY, HOUSING UNIT AND BASIC HOUSING UNIT, IN RELATION TO CERTAIN PROVISIONS OF THE ZONING REGU- LATION (,PLANNING REGULATION No. 4) 266 TOPIC 1 GENERALPROVISIONS AND DEFINITIONS SECTION 1.00 - GENERAL PROVISIONS 1.01 Title. This Planning.Regulation Number 4 shall be known and cited as the Zoning Regulation. 1.02 Purposes. - This-_'Regulation is adopted in harmony with the mandate of Law.N o-.. 213 of May 12, 1942, as amended, and has the purposes of guiding the use and development of lands and buildings to assure and promote, for the present and future inhabitants of Puerto Rico, their health, security,,,morale, order, convenience, prosperity, economic stability and general well-being. 1.03 Application. The provisions contained in this Regulation shall apply and cover the zoned areas in Puerto Rico, as established by this Regulation, and shall apply to all 'persons, natural and legal, as well as to associations, institutions, corporations, societies, organ izations and entities, private and public, semi-public or any other class or nature, including "functionaries" and "agencies" of Puerto Rico, as defined in Law Number 213 of May 12, 1942, as amended. 1.04 Effective Date. - Th.is-..R6gul@Lti6n*..and.thO.,.amendments to it shall go into effect as soon as the provisions established by law are complied with. 1.05--- Terms Employed. - Any word used in the singular in this,-: Regulation shall be understood to include likewise the plural when its use is justified, and in like manner the -2- masculine shall include the feminine and vice versa. 1.06 Meaning of Terms Defined. The terms defined in Section 2.00 of this Regulation, when they are employed for their content and for all the effects of that content, shall have the meaning that is given, as follows, for each term that is mentioned, unless there should be a specific provis6@_-t.othe contrary. 1.07 Provisions of Other Regulations. - The provisions of this Regulation shall be supplemented by Planning Regulation No. 3.(Subdevelopment Regulation), Planning Regulation No. 7 (Construction Regulation), Planning Regulation No. 9 (Regulation concerning Neighborhood Facilities), and any other Planning Regulation adopted by the Board. SECTION 2.00 - DEFINITIONS 2.01 - Access. Public road that goes to the edge of a lot or property. 2.01 - Airport. - An area of land, a body of water, or both, desig- nated or indicated for lmindlng-.'.@"i- fbr. descending on water, or the take-off, of aircraft. 2.03 Structural Alterations. Any change in the structural ele- ments of a building or structure, such as bearing walls-- columns, beams and roofs, or any addition, extension, in-_;1 crease orIvariation in the size of existing elements, or theconstructio'n in the building of .new structural elements such as roofs, beams, columns or bearing walls'. 2.04 Building Height.@ - In buildings with flat ro ofs..-it is the vertical distance from the level of the curbing to the level of the highest point of the roof, excluding cornices, ledges orballustrades; and-in buildings with sloping roofs it is the vertical distance from the level of the curbing to the median level of the highest roof of the building. In build- ings where both types of roofs are combined, the height is determined from the level ofthe curbing to the highest roof. When thereis no.curbing, or when the walls of the building do not align with the road, theheight will be measured from the median level of the land along the,length of the wall which constitutes the principal facade of the building. 2.05 Road Width. The average di:stance between the borders of a road fronting on a lot. 2.o6 Lot Width. The median distance between the side lot lines,' measured in the general direction followed by the road line and the rear lot line. 2.07 Gross Floor Area. - The sum of the floor space occupied or used in any building, principal or accessory, including passagewayst galleries, balconies, covered terraces, stairways, elevator shafts, basement and wall thickness; excluding cornices, eaves, roofs, projecting open balconies, other architectural features and stairs at.the level of the first floor which do not rise more than one .(,-@,611emeter above ground level.. -4- 2.08 Parking Area. - Space dedicated exclusively for the temporary parking of vehicles. 2.09 Occupied Area. The area included in the horizontal projec- tion of the buildings and accessory buildings including its parts and projecting structures; excluding cornices, eaves, roofs, open projecting balconies, other architectu- ral features and stairs at the level of the first floor which do not rise more than one (1) meter above ground le- vel. 2.10 Zoned Area. - Lands within@ the zoning limits established on the Zoning Maps adopted by the Board by virtue of Law No. 213 of May 12, 1942, as amended. 2.11 Open Projecting Balcony. - A balcony above or at the level of the second floor, which extends over a road or a yard and which does not have-walls, columns, latticework, blinds, or other additions between the floor and the platform, with the exception of ballustrades or railings no more than forty-four (44) inches in height off the floor. 2.12 Apartment Houses. Abuilding to house three or more families, in separate living units, except row houses as defined in Subsection 2.15 of this Topic. 2.13 - One-family house. - A house for one family which does not have any wall in common with any other house. 2.14 - Two-family House. - A house for two families, located in sepa- rate living units, one beside the other, or one above the other, and which does not have a wall in common with any other house. .5- 2.15 Row House. A series of two or more independent living units, adjacent and laterally united by party walls, forming one single building. 2.16 Building. - A structureto be permanently or temporarily oc- cupied by persons, animals or properties such as houses, temples, offices, theaters; stores, factories, schools, hospitals, dry good stores or whatever else-of a similar nature. @2.17 Accessory Building. A building separate from the principal building on the same lot, which has one or more accessory uses.. 2.18 Mezzanine. - An intermediate floor located on any story or part of*the same, whose use corresponds,to the permitted activity on that level. 2.19 Structure. - That which is erected, constructed, fixed-.or sited by the hand of man in or on top of land, or water; and includes without limitations buildings,,towers, chim- neys and overhead utility lines. 2.20 Family. - A common domestic organization formed by one or more people who occupy or use a building, a property, or part of these with cooking facilities. 2.21 Lot Depth. The average distance from the roadway to the rear boundary of a lot, measured in the general direction followed by the road line and the rear line of the lot. 2.22 Building Face. - The exterior wall of the principal building which by its length and general character fronts on a road. 2.23 Board. The Planning Board of Puerto Rico createdby Law No. -6- 213.of May 12, 1942, as amended, known as the "Planning and Budgetary Law of Puerto Rico." 2.24 Road Line. - The dividing line between the road and the ad"- jacent lot or property. 2.25 - Rear Lot Line. - The lot line opposite to the road line. In a corner lot this line may be chosen by the owner. 2.26 - Side Lot Line. - Any dividing lot line which is not the road line or the rear lot line. 2.27 Official Map. Plans which indicate the exact positions of the roadways as established in Law No. 213 of May 12, 1942, as amended. 2.28 Curbing Level. The grade line established at the curbing, or where there is no curbing, of the road facing the center point of the lot. 'When a lot faces.on two or more roads of different grade levels, the level of the curbing of the highest road shall be taken as the base for measuring the height of structure and buildings, for a distance thirty (30) meters in depth measuredperpendicularly from the road which has the higher curbing towards the rear of the lot. 2.29 Legal Nonconformity. - A condi tion or use of a property which does not temporize or harmonize with the provisions of this Regulation for the zoning district in which it is located and which existed legally on the effective date of this Regulation, a Zoning Map, an Official Map for the area in which it is located, or the.amendments to the same. 2.30 Occupied or Used. - As it applies to any building or property, it should be understood as if followed by the words, "or -7- proposed or prepared or designed to be occupied or used. 2.31 Permit Officer. - The Permit Officer created by Law. No. 429 of April 13, 1946, as amended. 2.32 Front Yard. - An open space, unoccupied or occupied by per- mitted structures or uses, between the road line and the projection parallel to this of the most adjacent extremity of the building, and which extends to the side lot lines. The depth of this yard is the minimum horizontal distance between the road line and the furthest part of the building located closest',-to the road. In the Residential Districts, the front yard will be considered any yard or part of the same which adjoins a public way six (6) meters or more in width. 2.33 Side Yard. - An open space, unoccupied or occupied by permitted structures or uses, between the side l6t@lihe-_-and the projection parallel to this of the most adjacent extremity of the building and which extends from the front yard, or in the case where a front yard is not required, from the line of the road,,-to-.t.he rear yard. The width of this yard is the minimum horizontal distance between the side lot line and the extremity of the building located closest to this side lot line. 2.34 Rear Yard. - An open space, unoccupied or occupied by permitted structures or uses, between the rear lot line and the pro- jection parallel to this of the most adjacent extremity of the,building and which extends to the side lot line. The depth of this yard is the minimum horizontal distance between the rear lot line and the extremity of the build@- J.ing closest to this. 2.35 Property. - Lot, structure, building, or combination of .these. .2.36 Story. - The part of a building located between the surface of any floor and the next floor,above, or between the sur- face of a floor and the ceiling or flat roof. A floor in which people live, work, sleep or con- gregate and whose sbffit-,- ceiling or-,roof---i:� more than one (1) meter higher than the curbing will be counted as a �to-_-. ry. A floor which is less than one (1) meter off the curb- ing will not be counted in determining-the number of floors. Floorswhich 'are not used for the abovementioned purposes may be constructed higher than one (1) meter off the curbing and not be counted as a floor, only for the purpose of height requirements, provided that the height of the building does not exceed the-permit-t6d-height. 2.37 Repair. The substitution of an existing work in-a building, not including additional work which.constitutes structural 41teration, or which constitutes an enlargement in area as well as height; or which could affect or change the exit path, or a basic part of an elevator, other installations. -2.38 Lot. - Land property described or describable-in the Property Registry,@-.as an independent farm or a. subdivision which has been aprroved by the Board. -9- 2.39 - Corner Lot. A lot fronting on two roadswhich intersect or join. 2.40 - Interior Lot. - Any lot which is not a corner lot. 2.41 - Lands. - Including land as well as bodies of water, the space above the-same or below them. 2.42 - Housing Unit. - A building or part of the same for the housing of a family. In apartment houses the basi6_housing unit shall have three (3) bedrooms. 2.43 - Accessory Use. - Any use made of a property which is secondary to its principal use. 2.44 Nonconforming Use or Building. - A use or building which does not conform in location size or operation with that permitted in the zoning distret in which the property is located, or which is not in harmony with the provisions of this Regula- tion. 2.45 Roads. - Paths, alleys, walks,@.roads, streets, highways, viaducts, bridges, avenues, boulevards, freeways and whatever other public access or part of the same. _10- TOPIC 2 PERMITS SECTION 3.010 - REQUEST AND ISSUANCE OF PERMITS 3.01 General Provisions Concerning Request and.I�suance_of'Permits.-. For the purposes of this Regulation, starting from its effec- tive date, the request and issuance of permits will be gov- @erned by that which is established further on. Request of Permits. A permit will be required for the use of any building or property, or for the construction, recon- struction, alteration, enlargement or moving of any strue- ture as well as for the installation of signs or announce- ments within the zoned area in Puerto Rico. It will not be necessary to fulfill the construction permit requirements in the cases Of structures which were legally authorized by the effective date of this Regulation and completed adc@bkding:.to the terms prescribed by the construction permit which was issued; or in repairs of structures, except in the Ancient and Historic Zones es- tablished by virtue-of Law No. 374 of May 14, 1949. 3.03 Issuance of Permits. - Permits for construction or use or the installation of signs or announcements will only be issued when the structure or property use or the signs or announcements for which the permit is requested are in complete harmony and conformance with the provisions of this Regulation. A permit will be authorized only for the construction or use of a:principal building for each lot.. The furnishing of a@bond may be required as a condi- tion for the issuance of a use or construction permit when the nature of the use justifies it as directed by Law No. 213 of May 12, 1942, as amended. 3.04 Permits Related to Public Roads.- From the effective date of this Regulation no permit whatsoever will be issued for construction, reconstruction, alteration-, addition, or use for -any building on any lot unless the lot has an access road. In the case of new urbanizations, construc- tion permits may be issued when the Board authorizes.it. In addition no building permit whatsoever will be issued for lands--located within the lines of an existing @road or which has been included as part of a Regulating Plan or an Official Map; neither shall construction of any structure be approved within the outline or which in any form obstructs or impairs the construction, enlargement, 'widening or extension.of existing public roads or which appear on a construction plan or the description of a subdivision approved by the Board. To determine the con- tinuation, enlargment, widening or extension of the public roads, the general existing,lines of the greater right of way among these will be taken as a base. Notwithstanding the prohibitions contained in this Subsection, additions for a building will be authorized provided that the addition or additions requested for all of the floors of that structures or of its accessory structures do not together exceed ten (10) square meters of gross floor area, -even when requested on different -12- dates. On lots affected by public roads which figure on a Regulating Plan or Official Map but which have not .been constructed, the provisions of this Regulation shall apply to the remainder of the lot as if the roads.were constructed. 3.05 Permits Relatd.d to Airport Zones. - No permit whatever shall be issued for the use of properties or for the erection, moving or alterati6nnof buildings or structures, including chimneys, posts, tanks, radio towers, antennas,-towers electric power lines or other structures which are permit- ted by this Regulation when they create interference with radio communications between an airport and airplane,@;, or when they make it difficult for the pilots to distinguish thelights of the airport or other control lights, or when they create reflections in the. pilot's line of vision, or when they reduce visibility in the vicinity of the airport, or when they constitute a risk in.the landing, take-off or maneuvering of airpla @nes, or when they exceed the height limitations established with respect to Airport Zones. 3.o6 Permits for Legal N onebnformance@_- Permits. shAll be issued for those nonconforming buildings and uses which are legal. In legal -nonconformance permits, there shall be a clear statement of the nature and extent of the'legal nonconform- ance, that is, the extent to which the.building or property is not in conformity with this Regulation. -13- The party interested in the use of a property which would result in a legal nonconformance shall so- licit the issuance of a nonconformance permit in writing within a period of one (1) year after the effective date of this Regulation. For properties whose uses became nonconforminng be- cause they were in effect prior to any amendment to this Regulation or to a Zoning Map or Official Map which were adopted, legal nonconformance permits for the nonconfor- ming uses shall be requested within one (1) year from the effective date of the adopted-amendments or maps. 3.07 Permits Related to the Exchange of, One Nonconforming Use for Another. - One legal nonconforming use, except in or for gasoline stations, may be exchanged for another nonconfor- ming use which is of the same degree or less than that of the existing use, through authorization by the Board, pro- vided that no structural alterations are made. 3.08 Discontinuance of Legal Nonconforming Uses. - Once the use of a building or property conforms to this regulation by any change, it cannot revert to nonconforming uses. Once a legal nonconformance is discontinued for the period of more than (1) year, any future use of the property in question will conform to the provisions of this Regulation relative to the district in which it is located. When a building devoted to a legal nonconforming use has received damages, by whatever means, after the cor- responding Zonlng*Map came into effect, to the extent that the cost of restoring the building to its original condition would exceed fifty percent (50%) of the cost of replacing the entire structure, without including the foundations, it may not be restored for the same purpose for which it was used; except in accordance wi th the provisions established further on in this Section. If the damages were less than fifty percent.(50%) of the value, the building may be restored for the same purpose for which it had been used, provided that the restoration takes place within one (1) year from the time of the damage. 3-09- Permits Related to.Construction, Alterations, Additions or Repairs to Legal Nonconforming Properties. (1) -.In buildings which conform in terms of use and pop- ulation density, but which are legally nonconforming in other respects,.structural alterations, additions and Installations of sanitary and cooking facilities. ,shall be permitted provided that the proposed addition conforms in all its aspects with this Regulation.' (2) In buildings or parts of buildings which conform in terms of use, but which are legally nonconforming in other respects, the exchange of floors, roofs and interior walls for permanent materials shall be permitted. (3) In buildings which are lega lly nonconforming in terms of use and population-density, alterations are per- mitted provided that they do not involve structural changes, additions, increase in gross floor area or height, or the installation of sanitary or cooking facilities, and provided they do not increase the nonconformance in terms of use or population density. (4) In buildings with legal nonconforming uses in any dis- tricts, except in a P District, the alteration or re- construction.in concrete or any other permanent material, shall be permitted.with the authorization of the Board, for any part conforming in use, or additions for conform- ing uses provided that the legal nonconforming use establ ished in the building will be a use which does not cause injury to the vicinity and that the part to be reconstructed or the proposed addition conforms to the Planning Regulations in effect in all other aspe cts. (5) In.buildings.occupied or used for stores,r*e*tailing food or @@.o or household goods, which are.legally.-no,nconforming in terms of use in.Residential Districts, -alteration, re- construction or horizontal additions in concrete or any other permanent material shall be permitted for the part nonconforming in terms of use in accordance with the provisions of Section 40.00 of Topic 12 of this Regulation. (6) - In buildings occupied or used for gasoline stations As amended April 21, 1971. Effective Date of Amendments, July 16, 1971. which are legally nonconforming in terms of.use in Residential Districts, alterations, reconstruc- tions, expansions or addition of facilities may be done provided they agree with the following. (a) - A public hearing [email protected]'-.to.:@con,@;id-er this type of project. (b) The legal nonconformance and the continuity Of the operation of the use shall be be demon- strated; and it shall be determined that the sameis necessary to serve the immediate sector.. (c) When the exterior walls of the part of the build- ,-,:.ing to be altered or reconstruct,ed are of con- crete., or another permanent material, it :�hall---- be permitted that the same maintain yards no'-- smaller than the existing. (d) Horizontal additions to be built may only be used for the enlargment of existing facilities in the gasoline stations; its size may not exceed fifty percent (50%) of the gross floor area of the existing; and it shall fulfill the other requirements established by this@Regulation for the specific district.- in which the property is located. (e) The washing, lubrication and other existing, facilities be located no less than four meters twenty-five centimeters (4.25) away from any lot line. -17- (f) The washing, lubrication and other proposed or existing facilities which do not agree with the previously established rulings, shall be located no less than six (6) meters from any lot line. (g) The gasoline pumps, proposed or existing, shall maintain a separation not less than four meters twenty-five centimeters (4.25) from any front lot line. (h) The safety precautions concerning fire hazards must meet v4thraca6ptance by the Fire Department of Puerto Rico. (7) On lots in residential districts, with a width.or depthdrIps,s than that-, b_bq1Idreqvit-he, requirements concerning occupiable area and yard sizes will be' those established in Section 39-00 of Topic 11 of this Re gulation. (8) Buildings or properties dedicated to legal non-con- forming uses are permitted to be repaired and pre- served. 3-10 Time Limits on Permit Decisions. (1) Every favorable.decision or authorization.conce@rning any opinion on the conformance of a project, prelim- inary planning, or completed design related to a As amended April 21, 1971. Effective date of Amendments, July 16, 1971. -18- construction project, will become void: if with- in the period of one (1).-,yL-ae-.-froin-.hiving-acquired the decision, the-corresponding construction permit has not been obtained; or if having obtained the cor- responding construction permit, the work authorized in this was not begun within the period of one (1) year from the date of issue; or if those works, once begun - in accord with the previously established rulings, were not finished within the time prescribed in the permit. (2) Every decision authorizing any use permit will be void: if within one,'(1) year from the authorization, the corresponding use permit was not obtained; or if having obtained the corresponding use permit, the authorized use was not established within one (1) year from the date of issue of the permit. (3) Every decision authorizing any permit for the instal- lation of signs and announcements will be void: if within one (1) year from the authokization, the cor=- responding permit for signs and announcements was not obtained; or if having obtained the corresponding sign or announcement permit, the authorized sign or announcement was not installed within one (1) year from the date-of issue of the permit. (4) The time limits established,-aboVb-'_sMill be consid- @ered definitive for all legal effects, except that the same may be postponed through a petition -19- by the interested party, when such extension would not be considered as contrary to the public interest, and provided that the petition for ex- tension is submitted at least thirty (30) days before the expiration date of the decision, with an indication of the reasons for the petition and including, furthermore, evidence of the progress made in the preparation of the preliminaries, construction plans, studiesand documents that the case,requires. -20- TOPIC .3 MAPS AND TYPES OF ZONING DISTRICTS ,SECTION 4.00 ZONING MAPS 4.01 General. By means of this Regulation and the Zoning Maps, the Board shall establish, by districts, the use and development of the lands and buildings. Beginning with the effective date of each Zoning Map or its amendments, the same will become part of this Regu- lation. 4 .02 Amendments to a Zoning Map. The Board may amend a Zoning Map on its own initiative or at the request of any govern- mental organism. The Board may consider requdststfor-amendments pre- sente d by private persons, when they are accompanied by: (1) Evidence that the request is signed by all the owners of the properties included in the same. (2) Evidence that the owners of the-adjacent properties and of those properties situated within sixty (60) meters from the limits of the area-proposed, or evidence that at least twenty (20) of the proper- ties nearest to that area have been notified of the intention to submit an amendment proposal. The number of properietors to*be notified shall be the greatest one resulting from the application of the preceding provisions. (3) A,sketch of the site in which the locality of the area which is the subject of the request is shown -2.1- with respect to road's; and the properties whose owners must be notified as outlined above. (4) Whatever information or documents the Board re- quires on the forms prepared for these purposes. The Board may dispense with some of the beforementioned requirements when it can be demonstrated to the satisfac- tion of the same that it is impossible to fulfill the re- quirements. Every amendment proposal shall be justifiable in terms of the benefit that the community o:@ the sector shall derive from the same. The holding of a public hearing shall be required prior to amending a Zoning Map The amendment petitions shall be submitted to the Board before the date of the public hearing on the matter. The Board -shall establish the closing date for accepting amendment petitions to a specific Zoning Map by means of press announcements or any other informative medium. -22- SECTION 5.00 - TYPES OF ZONING DISTRICTS 5.01 General. - For the present and for the ends of this Regula- tion, the following types of zoning districts are esta- blished: R-O District: Residential with low population density with a minimum lot size of eight thousand (8,000) square meters. R-1 District: Residential with low population density with a minimum lot size of nine hundred (900) square meters. R-2 District: Residential with low population density with minimum lot size of four, hundred fifty (450) square meters. R-3 District: General residential with a minimum lot size of three hundred (300) square meters. R-4 District: General residential with a minimu lot size of two hundred fifty (250)square meters. R-5 District: Residential of apartments with high population density, and a minimum lot size of five hundred (500) square meters. R-6 District: Residential of apartments with high population density (Ancient and Historic Zones). C-1 District: Commercial - local. C-2 District: Commercial - center periphery. C-3 District: Commercial - center. C-4 District: Commercial - market centers. -23- C-5 District: Commercial - centers of extensive recreation. C-6-.District: Commercial - local services. I-1 District: Industrial - light industries. IL-1 District: Industrial - limited light industties. 1-2 District: Industrial - heavy industries. IL-2 District: Industrial - limited heavy industries. M District: Rehabilitation. P District: Public use. 5.02 Limits of Districts. The limits of the districts or zones shall be the roads, the.lot lines, or may be established by dimensions and wher-e they are not.thus demarcated-they shall be determined according to,the scale of the Zoning Map. 5.03 Cases of Lots with Two Classifications. When t.he limits of districts divide a lot into two (2) or more parts with different zoning, each part of the lot shall be treated according to the requirements which correspond to the dis- trict in which it is located. -24- TOPIC 4 ZONING DISTRICTS 'SECTION 6'.00 - R-O DISTRICT 6.01 Purposes of the R-O District. - This special district of low population density, w ith a minimum lot size of eight thou- sand (8,000) square meters, is established to-facilitate control of urban expani3ion or.gro*th; to protect the use- fulnoss of the arterial roads; to preserve lands of high agricultual productivity; to protect areas which require protection of its flora or fauna for their 6c.pnomic, ecolo- gical or scientific importance; and to protect the enjoy- ment and preservation of resources for the public interest, such as topographical features, woods, fields, landscapes, geological formations, springs, ravines, rivers, lakes, lagoons, natural springs of water, mangroves, mineral depo- sits, or beaches. 6.02 Uses in R-O Districts. - In R-O Districts the lands and build- @@ings shall be usedfor the purposes expressed as follows: (1) - Agricultural uses, including stands for the retail of products grown on the property, provided that each stand is constructed at a distance not less than six (6) meters from the 71ine of the road, that it has no more than one (1) floor and that it does not occupy an area greater than twenty-five (25) square meters. Houses_@f or---one,,or -two--f arhilies. (2) (3) Other uses in agreement with that established in Sub- section 54.03 of Topic 16 of this Regulation. -25- 6.03 Height in R-0 Districts. - No building shall have more than two (2) floors or exceed nine (9) meters in height. Non- residential building and tourist hotels which are permit-",. ted in this distrct may have a great height provided that: the gross floor area is not greater than that permitted in the district for residential builidng; and that the width of every yard not be less than the required dimension. 6.04 Lot Size in R-0 Districts. Every lot formed after the ef- fective date of this Regulation shall have an area not less than eight thousand (8,000) square meters and a width not less than sixty (60) meters. 6.05 Population Density in R-0 Districts. - The number of families permitted in this district shall be determined on the basis of the lot size in accordance with the,follo*ing: In lots less than eight thousand (8,000) square meters in sizel,,one-family houses shall be permitted.' In lots of eight thousand (8,000) square meters or more in size,,one or two-family houses shall,be permitted. Buildings or floors of buildings occupied or used for only one house shall have their accessories functionally relat-,- between them for the exclusive use of one family. 6.06 Occupiable Area in R-0 Districts. - The occupiable area shall not exceed ten percent (10%) of the lot area. 6.07 Gross Floor Area in R-0 Districts. - The gross floor area shall not exceed twenty.percent (20%) of the lot area. In no@case shall the gross floor arEaof any floor above the first exceed the maximum permitted percentage of occupiable area -26- for this district. 6.08 Front Yard in R-0 Districts. - One (1) front yard is required with a depth not less than five' (5) meters or one fifth (1/5) the height of the building, whichever is greater. 6.09 Side Yards in R-0 Districts. - Two (2) side yards are required, each with a width of not less than five (5),.meters or one fifth (1/5) the height of the building, whichever is greater. Whatever side yard or part of the same which adjoins a street shall be considered ds,..ftont yard. 6.10 Rear Yard in R-0 Districts.. - One (1) rear@yard is required with a depth not less than five (5) meters or one fifth (1/5) the height of the building, whichever is greater. Whatever rear yard or part of the same which adjoins' a street shall be considered as front yard. 6.11 Acd6s,�ory Buildings-and-Uses in R-0 Districts. - The @Lcdb s�ory buildihgs.---and uses shall adjust to the provisions of Section 36.00 of Topic 10 of this Regulation. 6.12 Parking Areas in R-0 Districts. - Parking areas shall be provided for the permitted uses in this district, in conformance with Section 31.00 of Topic 8 of this Regulation. 6.13 Marquees in R-0 Districts. - Marquees shall conform-@ to the pro" visions of Sections 32.00, 33-00, 34.00 and 35.00 of Topic 9 of this Regulation. 6.14 Loading and Unloading Space 'in R-0 Districts. - Every building or part of a building occupied or used for commercial purposes, hotel or hospital under the provisions of Subsection 54.03 of Topic 16 of this Regulation, shall be provided with a -27- space for loading and unloading which shall be not less than eight (8) meter's by three (3) meters for each one thousand five hundred (1,500) square meters of gross floor area or part of that amount in excess of five hundred ('500) square meters. 6-15 Towers, Fences and Gateways in R-0 Districts. Towers, fences and gates.shall conform to the provisions of Section 30-00 of Topic 7 of this Regulation. 6.16 Signs in R-0 Districts. Signs shall conform with the provisions established in Sections 47.00, 48,00 51,00 and 52.00 of Topic 15 of this Regulation. 6.17 Projecting Structures in R@50 Districts. Cornices, eaves, roofs and other architectural features may extend,into required yardsfor a distance of not more than one (1) meter. In addition, the extension of open projecting balconies shall be permitted for a distance not greater than one (1) meter into required front and rear yards, provided that they maintain a separation of not less than five (5) feet from any side or rear lot line. 6.18 Special Cases in R-O.Districts. In accordance with the purposes of R-0 Districts, those cases which-have the fol-lowing',land or area characterist ics,..inclifding adjacent affected land, shall be considered special: -28- (1) Which constitute lands of high agricultural productivity. (2) Which are essential to the enjoyment or preserva- tion of recreational resources, such as woods, landscapes, geological formatins or areas of exceptional beauty. Which are forests, springs, gorges, rivers, lakes, lagoons or other areas or bodies of water which merit protection as sources of water or recrea- tional resources. (4) Which constitute mineral deposits or mines of appreciable economic value. Which demonstrate importance for the historic or cultural patrimony. (6) Which require the preservation of flora or fauna for their economic, ecological or scientific importance. Which are susceptible to flooding, landslides, avalanches or high tides. (8) Which.are areas whose topographical features or whose vegetation have a special significance for the community.. (9) Whi6h are beAchlareas. For these special cases, the Board may establish norms as to uses, height, lot size., population.density, area that may be occupied, gross floor area, yard sizes, accessory buildings and uses, parking.areas, marquees -29- and other requirements, which shall be permitted by resolution, which should be proposed and approved jointly with, and which shall form part of,.the Zoning Map of the area &r lands which are considered special cases. The requirements established by the Board may be greater or less than those established for this district in this Regulation. -30- SECTION_7:.@00 - R-1 DISTRICTS--:'-... 7.01 Purposes of the R-1 District. - This district of low popula- tion density is established to classify lands in order to facilitate, if justifiable, the necessities of urban growth; and to preserve the residential character of developed areas or of areas:which may develop into lots of nine hundred (900) square meters or more. 7.02 Uses in R-1 Districts. - In R -1 Districts the buildings or pro- perties shall be used for the purposes', expressed as follows: (1) - One-famil@'7 houses. (2) - Other uses in accord with Subsection 54.03 of Topic 16 of this Regulation, 7.08 Height in R-1 Districts. No building shall have more than two (2) floors or shall exceed nine (9) meters in height. The non-residential buildings and tourist hotels..which are per- mitted in this district may be of greater height provided that: the gross floor area is not greater than that permit- ted in the district for residential buildings; and that the width of patio not be less than the required size. 7.04 Lot Size in an R-1 District. - Every lot formed after the ef- fective@date of this Regulation shall have an area not less nine hundred (900) square meters and a width not less than twenty-five (25) meters. 7.05 Population Density in R-1 Districts. -,One single-family house shall be permitted on each lot, independently of the lot size. Buildings or floors of buildings occupied or used -31- as one-family houses shall have their accessories func- tionally related between them. 7.06 Occupiable Area in R-1 Districts. - The occupiable area shall not exceed thirty-five percent (35%) of the lot area. 7.07 Gross Floor Area in R-1 Districts. - The gross floor area shall not exceed seventy percent (707o) of the lot area. In no case shall the gross floor area of any floor above the first exceed the maximum percentage of occupiable area permitted in this district. 7.08 - Front Yard in R-1 Districts. - One (1) front yard is required with a depth not less than five (5) meters.or one fifth (1/5) the height of the building, whichever is greater. 7.09 - Side Yards in R-1 Districts. - Two (2) side yards are required, each with a width not--less than four (4) meters or one fifth (1/5) the height of the building, whichever is great,- ;.er. Whatever side yard or part of the same adjoins a road shall be considered as front yard and shall fulfill the size requirements for front yards in this District. 7.10 Rear Yard in R-1 Districts. - One (1) rear yard -i�:required with a depth not less than five (5) meters or one fifth (1/5) the height of the building, whichever is greater. 7.11 Accessory Buildings and Uses in R-1 Districts. - The acces- sory buildings and uses shall conform to the provisions of Section 36.00 of Topic 10 of thisRegulation. 7.12 Parking Areas in R-1 Districts. - Parking areas shall be provided for the permitted uses in R-1 Districts, according -32- to the provisions of Section 31-00 of Topic 8 of this Regulation. 7.13 Marquees in R-1 Districts. Marquees shall conform with the provisions of Sections 32-00, 33-009 34.00 and 35-00 of Topic 9 of this Regulation. 7.14 Loading and Unloading Space in R-1 Districts. Every build- ing or part of a building occupied or used as a hotel or hospital under the provisions of Subsection 54-03 of Topic 16 of this Regulation, shall.be provided with a, space for loading and unloading, which shall be not less than eight (8) meters by three (3) meters for each one thousand five hundred (1,500) square meters of gross floor area or part of that amount in excess of five hundred (500) square meters. 7.15 Towers, Fences and Gateways in R-1 Districts.-- Towers, fences and gateways shall conform with the provisio Ins of Section 30.00@of Topic 7 of.this Regulation. 7.16 signs in R-1 Districts. - Signs shall conform with the.pro- visions established in Sections 47.00, 48.00, 51".00 and 52.00.of Topic 15 of this Regulation. 7.17 Projecting Structures in R-1 Districts. - Cornices, eaves, roofs,. and other architectural features may extend into required yards for a distance of not more than one (1) meter. In addition, the extension of open balconies shall be permitted for a distance of not more than one (1) meter into required front and rear yards,.provided such balconies are separated by not less than five (5) feet from any side or rear lot line. -33- SECTION 8.00 - R-2 DISTRICTS., 8.01 Purposes of R-2 Districts - This district of low population ,density is established to preserve the residential char@!.@_ acter of areas that are already developed or that may be developed into lots of four hundred and fifty.(450) square meters or more. 8.02 Uses of R-2 Districts In R-2 Districts, building and acces- sory structures shall be used for the purposes indicated in the followings (1) - Single-family or two-family houses. (2) - Other Uses in accordance with the provisions of of Subsection 54-03 of Topic 16.of this Regulation. 8-03 Heights in R-,2 Districts - No building shall have more than two (2) floors nor exceed nine (9) meters in h&l.@;t@t. Non- residential buildings. that are permitted in these districts may have a greater height provided thats the gross floor space is -not greater thanit that permitted in the district for residential buildings; and provided that thewidth of all yards is not less than the required size. 8.04 Size of Lots in R-2 Districts - All lots formed subsequently to the effective date of this Regulation shall have an area of not less than four hundred and fifty (450) square meters dnd a width of not less than fifteen (15) meters. B-05 Population Density in R-2 Districts - The number of families to be permitted in these districts shall be determined on the basis of the size of the lots, in accordance with the following: -34- on lots of a size less than four hundred and fifty (450) square-meter5, one-family houses shall be permitted. on lots of a size of four hundred and fifty (450) meters or more, one-family or two-family houses shal1c:,be permitted. Buildings, or floors of buildings, occupied or used for a single house shall have their accessory areas and structures arranged, for the exclusive use of one family. 8,.o6,- Area of Occupation in R-2 Districts - The area of occupation of the buildings shall not exceed more than fifty percent (50%) of the area of the lot. 8.07 Gross Floor Space in R-2 Districts - The gross floor'space shall not exceed one hundred percent (100%) of the area of the lot. In no case shall the gross floor space of any single floor above the first floor exceed the maximum per- centage of area of occupation permitted in the-district. 8.08. - Front Yard in R-2 Districts' ;Front yard with a depth of not less than four (4) meters or of one-fifth (115) of the height-of the building, whichever is greater, shall be required. 8.09 Side Yards in,R-2 Districts Two (2) side yards shall be re-, .quired, each one with a width of not less than two (2) meters and widths together of not less than five (6) meters. All side yards shall have their widths established in advance or a width of not less-than.one-fiftb- (115) the height of the building, whichever is greater. Any side yard or part of a side that borders on a street shall be.considered -35- a front yard and shall complynwith the requirements for the size of front yards in this district. 8.10 Rear Yards in R-2. Dis tric,@s - A rear yard of -a depth of not less than.four (4) meters, of one-fifth (115) the height of the building, whichever is greater, shall be required. Any rear yard or part of a rear yard that borders on a street shall be considered as a front yard and shall comply with the requirements for the size of front yards in this district. 8.11 Accessory Buildings and Uses in R-2 Districts - Accessory buildings and uses in R-2 Districts shall conform with the provisions of Section 36.00 of Topic 10 of this Regulation. 8.12 Parking Areas in R-2 Districts. - For the uses permitted in R-2 Districts, parking areas shall be provided as provided in Section 31-00 of Topic 8 of this Regulation. 8-13 Marquees in R-2 Districts - Marquees shall conform with the provisions of Sections 32.00, 33-00, 34.00 and 35.00 of Topic 9 of this Regulation. 8.14 Loading and Unloading Space in R-2 Districgs Any building or part of.a building occupied or used for a hospital under the provisions of Subsection 54-03 of Topic 16 of this Regulation shall b Ieprovided with a space.for loading and unloading of a size. not less than eight"(8) meters by three (3) meters for each one thousand five hundred (1,500) square meters of gross floor space or part of that amount in excess of five hundred (500) square meters. 8-15 Towers, Fences and Gateways in R-2 Districts - Towers, fences -36- .and gateways shall c'onform to the provisions of section 30-00 of Topic 7 of this Regulation. 8.16 Signs in R-2 Districts - Signs-shall conform with the provis- ions of Secti ons 47-00, 48-00, 51.00 and 52.00 of Topic 15 of this Regulation. 8.17 Extended Structures in R-2 Districts Cornices, eaves, roofs and other architectural features may be extended within the depth of the req@dred yards to a distance of 'not more than one (1) meter. Permission shall likewise be given for the extension of open balconies to a distance of-not more than one (1) meter within the front yard'and the rear yard-@,-, provided there@is aseparation of not less than five (5) feet from the balcony.to the side lot line or rear lot line. -37 SECTION'9-00 R-3 DISTRICTS 9.01 Purposes of the R-3 Districts. - This district.ofinter- ..mediate population density.is established for the pur- pose of classifying residential areas that are already developed or that may be developed, in which different types of housing shall be permitted on lots of three hundred (300) square'meters or more. 9.02 Uses in.R-2 Districts. - In R-3 Districts, buildings and accessory stru'ctures-shall be used for the purposes in- dicated in the following: (1) - One-family or.two-family houses. (2) - Row houses, in accordance with the provisions of 5--00 of Topic 5 of this Regulation. (3) - Apartment houses, in accordance with the provisions of Section 26.00 of Topic 5 of this Regulation. (4) - Other uses, in accordance with the provisions of .,Subsection 54.03 of Topic 16 of this Regulation. 9-03 Heights in R-3 Districtso - No buildings shall have more than two (2) floors nor exceed more than nine (9) meters in height. A greater height shall be permitted provided that the gross floor space and the width of all yards comply with the provisions for the district established by this Regulation. 9.04 Size of Lots in R-3.Districts.@- All lots formed subsequently to the effective date of this Regulation shall have an area of not less than three hundred (300) square meters and -38- a width-of.not less than twelve (12) meters. 9-05 Population Density in R-3 Districts. The number of families to be permitted in these districts shall be determined on the basis of the*size-of the lot, in accordance with the followings On lots of a size less than three hundi@ed (300) square meters, one-family houses shall be permitted. On lots of thr,!@eehundred (300) squaremeters or more, one-family'and two-family houses shall be.permitted. Buildings, and floors of buildings, occupied or used for a single-family dwelling shall have their accessory structures and dependent areas functionally related for the exclusive use of one family. 9.06 Are'a of Occupation in R-31,Districts. The area of occupation shall not exceed fifty percent (50%) of the area of the lot. 9.07 Gross Floor Space in R-3 Districts. - The gross floor space shall not exceed one hundred percent (100%) of the area of the lot. In no case shall the gross floor space of any single floor over the first floor exceed the maximum of the area of oc.cupation*permitted in the district. 9.08 Fif-ont Yards in R-3 Di*strict-s. - A front yard with a depth of 'not less than three (3) meters shall be required. In cases of blocks that have a public roadway of six (6) meters or more in width, the front y*ard fronting on this street shall have a depth of not less than two (2) meters. All front yards shall have a depth established in advance, or not less than one-fifth 115) of the height of the building, whichever 'may be greater. -39- 9.09 Side Yards in R-'3 Districts..- Two (2)'side yards shall be required, each with a width of not less than two (2) meters, and the two together not less than five,(5) meters. All side yards must have a width established in advanced, or not less.than one-fifth (115) the height of the building, whichever may be greater. Any side-yard or part of a side yard that borders on a street or a walkway of six (6) meters or more in width,. shall be considered to be a front yard and shall comply with the requirements of,size for front yards in the.district. 9.10 Rear Yards in R-3 Distric.ts. -,One (1) rear yard with a depth. of not less than three (3) meters or one-fifth (115) the height of the building, whichever may be greater, shall be required. Any rear yard or part of a rear yard that borders on a street or on a walkway of six (6) meters or more in width, shall be considered as a front yard and shall comply with the requirements 0_.f size for front yards established for the district. 9.11- Accessory Buildings and Uses in R-3' Districts. Accessory buildings and uses shall conform, with the provisions of Section 36.oo of Topic 10 of this Regulation. 9.12 Parking Areas in R-3 Districts. For the.uses permitted.in R-3 Districts, parking areas shall be provided in accord- ance with the provisions of Section 31.00 of Topic 8 of this Regulation. In the cases of row houses or apartment houses, the provisions qoncerning parking areas shall be those established -4o- in Sections 25.00 and 261.00 of Topic 5.of this Regulation. 9-13 Marquees in R-3 Dist.ricl;,s. Marquees shall conform with the provisions of Sections 32-00, 33-00, 34.00 and 35-00 of Topic 9. of this Regulation. 9.14 -'Loading and'Unloading S pace in R-3 Districts.,- Any building or part of a building occupied or used for a hospital, --under the provisions of Subsection 54.03 of Topic 16 of this Regulation, shall be provided with a space for loading and unloading of a size not less than eight (8) meters by three (3) meters for each one thousand five hundred (1,500) square meters of gross floor space or part.of that amount in excess of five hundred (500) -square meters. 9. 15 Towers, Fences and'Gateways in R-3 Districts. - Towers, fences and geateways shall conform with the provisions of Section 30-00 of.Topic 7 of this Regulation. 9.16 Signs in R-3 Districts..- Signs shall conform with the provis- ions estzblished in Sections 47-00, 48-00, 51.00 and 52.00 of Topic 15 of this Regulation. 9.17 Extending Structures in R-,@3@ Districts. Cornices, eaves, roofs and other architectural features may be extended withih,,',.Yard.s@@-af conforming depths, for a distance of not more than one,,:@(l) meter. Petmission shall likewise be given for-the extension of open balconies to a distance of not more than one (1)@ meter within the front yard and the rear yard, provided there is a separation of not less th an, five (5) feet from the balcony to side lot line or rear lot line. -41- SECTION-10.00 R-4 DISTRICTS 10-01 Purposes of R-4 Districts. This district of intermediate population density is established for the purpose of classifying residential areas that are already developed or that may be developed, in which different types of housing shall be permitted on lots of two hundred and fifty (250) square meters or more. 10.02 Ub--6,"s in R-@, Districts. In R-4 Districts, buildings and accessory structures shall be used only for the purposes indicated in the following: (1) One-family.or two-family houses. (2) Row houses, in accordance with the provisions of Sectionz-25-00 of Topic 5 of this Regulation. (3) Apartment houses, in accordance with the provisions of Section 26.00 of Topic 5 of this Regulation. (4) Other uses, in accordance with the provisions of Subsection 54.03 of Topic 16 of this Regulation. 10-03 -.Heights in R-4 Districts. No building shall have more than two (2) floors nor exceed nine (9) meters in height. A greater height shall@@_bb permitted provided that the gross floor space and the width of all yards comply with the dimensions established for this district by this Regulation. 10.04 Size of Lots in R-4 Districts.' - All lots formed subsequently to the effective-date of this Regulation shall have an area of not less than two hundred and fifty (250) square meters and a width of not less than twelve (12) meters. 10-05 Population Density in R-4 Districts. - The,number of families -42- to be permitted in this district shall be determined on the basis of the size of lot, in accordance with the following: On lots with'a size less than,one hundred and forty (140) square meters, orie-family houses shall-be permitted. on lots of.a size of onehundred and forty (140) -sq-aare meters or more, one-family or two-family houses shall be permitted. Buildings,'or floors of buildings, occupied or used for a single-family dwelling, shall have their accessory areas and structures functionally related for the exclusive use of si-ngle'families. 10.06 Area of Occupation in R-4 Districts. The area of occupation shall not exceed fifty percent (50%) of the lot area. 10-07 Gross Floor Space in R-4 Districts. -'The gross floor space r shall not exceed one hundred percent (100%) of the lot area. In no case shal1-,the gross floor space of any single floor over the first floor exceed the Pe.rcentage maximum of occu- pied area permitted in the district. 10.08 Front Yards in R-4 Districts. - One (1) front yard with a depth of not less than two (2) meters or a fifty.part (115) of the height of the building, whichever is the greater, shall be required. 10.09 Side Yards in R-4 Districts. Two (2) side yards shall be required, each with a width of not less than two (2) meters or one-fifth (115) the height of the building, whichever is the greater. Any side yard or part of a side yard that borders on a street shall be considered to be a front yard -437-1 and shall comply with the size requirements for front yards in the district. .10.10 Rear Yards in R-4 Districts. One (1) rear yard shall be required with a depth of not less than three (3) meters or one-fifth (115) the height of the building, whichever is the greater. Any rear 'A_y@'@&-.d or part of a rear yard that borders on a street shall be considered as a front yard and must comply with size- requirements for front yards in the district. 10.11 Accessory Buildings and Uses in R-4 Districts. Accessory aj,.L. buildings and uses shall conform with the provisions of Section 36.00 of Topic 10 of this Regulation. @.10.12 Parking Areas in R-4 Districts. For the uses permitted in R-4 Districts, parking areas shall be provided in accordance.with Sb,ction 31.00 of Topic 8 of this Regulation. In the cases of row houses or apartment houses, the -requirements for parkingareas shall be those established in Section 25.00 and 26.00-of Topic 5 of this Regulation. 10-13 Marquees in R-4 Districts. - Marquees shall confarm with the provisions of Sections 32.00, 33.00, 34.00-and 35-00 of Topic 9 of this Regulation. 10.14 Loading and Unloading Space in R-4 Districts. Any building or part of a building occupied or used as a hospital, under the provisions of Subsection 54..03 of Topic 16 of this Re gulation, shall be provided with a space for loading and unloading of 'a size not less than eight (8) meters by three (3) meters for each one thousand five hundred (1,500) square -44- meters of gross floor space or part of that amount in excess of five hum-dred (500) square meters. 10-15 Towers, Fences and.Gatew'ays in R"4 Districts. Towers, fences and gateways shall conform with the provisions of Section 30-00 of Topic 7 of this Regulation. 10.16 Signs in R-4 Districts. @- Signs shall conform with-. ;Ahe provisions of Sections 47-00, 48.00, 51.00 and 52.00 of Topic 15 of this Regulation. 10-17 Extending Structures in R-4 Districts. Cornices, eaves, roofs andother architectural features-may extend, within conforming yards, up to distance of not more than.bne (1) meter. Permission shall likewise be given for the extension of open balconies to a distance of not.more than one (1) ,meter within the front yard and the rear yard, provided thete is a separation of.not.less than five (5) feet from the balcony to the side lot line or the rear lot line. -45- SECTION 11-00 - R-5 DISTRICTS 11.01 Purposes of the R-5 District. - This district of high'pop- ulation density is established for the purpose of.classi- fying urban areas of residential character close to prinz_- cipal centers of commercial activity, with a propensity for development of high1populaition density; or areas susceptible of redevelopment or development. of high populationzdd.'n's,1-ty-- by the.nature of the.sector, access-roads, existence of public facilities'such as elementary school, high schools and intermediate schools, parks, capacity of services such as sewers, water and electric energy, and transportation facilities 11.02 Uses in R-5 Districts. - In R-5 Districts, buildings and accessory structures shall be used as indicated in the following; (1) - Apartment houses. (2) - One-family or two-family houses. (3) - Other uses, in accordance with the provisions of Subsection 54-03 of Topic 16 of this Regulation. 11103 Heights in R-5 Districts. - The height of buildings shall be determined on the basis of the gross floor space per- mitted and the size of yards or the separation between buildings or areas on the same lot, as required in the district. 11.04 Sizes of Lots in R-5 Districts. - All lots formed subsequently to the effective date of this Regulation shall have an area _46- of not less than five hundred (500) square meters and a width of not less than fifteen (15) meters. 11-05 Population-Density in' R-5 Districts. The number of families to be permitted in thilis district-shall be determined on the basis of the total lot area in accordance with the following:' On lots with an area of less than five hundred (500) .square. meters, one family shall be permitted for each one hundred (100) square meters of lot area, independently of the width of the dIlrect vehicular access road to the lot. On lots with-an area of five hundred (500) meters or more, one family shall be permitted for each one hundred .(100) square meters of lot area when the road thatccon- stitutesI-I'theJdirec tv@@ehic.-'Ul.ar@@,.access-,@-@to,,-', the lot is less than ten (10) meters in width; or, one family shall be per- mitted for each seventy (70) square meters of lot area when the road that. constitutes the direct vehicular access to the lot is ten (10) meters or more in width. On lots with an area of one thousand (1,000) square meters or more, one family shall be permitted for each sixty (60) square meters ofthe,@,@lot'area when the road that con- stitutes the direct vehicular access to the lot.is thirteen (13) meters or more in width. On lots with an area of two thousand (2,000) square meters or more, one family shall be permitted for each fifty-five (55) square meters of lot area when the road that constitutes.the direct vehicular access to the lot is eighteen (18) meters or more in width. -47- On lots with an area of more than four thousand (4,000)* square meters ormore,.,one family [email protected] permitted for each fifty (50) square meters of lot area when the road that constitutes the direct vehicular access to the lot is twe,'i-ity (20) meters or more in width,41i if a lot that is' under consideration for an apartment ..house project is subsequently subdivided into two (2) or more lots, the number of families to be permitted on each, lot shall be equal to the proportion between the net resi- dential area of the new lot and the total net residential area of the lot under original consideration, m3d1tiplied by the, total number of families permitted in the latter. In the application of the preceding provisions, as concerns roads included in an Off!c-ial Map or Regulating Plan, the width of the road of direct vehicular access to the lot shall be considered to be the width indicated on such Official Map or Regulating Plan. In the case of an existing road.not included on an Official Map or Regulating Plan, the widthaff the road of direct vehicular access to the lot shall be considered to be the width of theexisting road pluslitwo (2) times the additional width that is provided in the Official Map or Regulating Plan for future widening of the-road. The strips of land along the edges of lots to be reserved for the future widening of the road shall not be taken into consideration in the application of the require- .ment established for the district by this Regulation, except as indicated further on in this Subsection. -48- In computing'the population density permissible in the district, one family may be credited for each sixty- (60) square meters of the portion of the lot affected by an Official Map or a Regulating Plan, if such portion of land is donated for public use. As concerns strips on the edges of lots reserved for the future widening of a road not included in an Official Map or Regulating Plan, in computing the population density permissible in the district, one family may be credited for each thirty (30)- square meter's of such strips, when these sitripslare being donated for public use. In no case shall this increase in population density exceed or represent more than a third (1/3) of the, number of families that is permitted on the remainder of thelot. The donation of land shall be carried out by means of ainaappropriate legal document when transfer to the Free Associated State 'of Puerto Rico or the pertinent Municipal Authorities is proposed. in projects for the construction of housing for ten (10) or more families, on lots for which a p,opulation density is authorized on the basis of the preceding provisions, there shall be requirements for improvement works in front of, or within the lot, spocified by"the Department of Public Works or the Municipal Authorities, as the case may be, and which will pertain to the direct vehicular access road to the lot., in projects for,apartment houses in the R-5 Districts, permission shall be given to convert the number of basic housing units permitted into a largernumber of smaller -49- units on the basis or the number of bedrooms for t he type of apartment, in the following relationship: Number of Bedrooms Equivalent in Terms per Apartment of the Basic Hou.sing Unit 0 Ostudio or efficiency") o.4 1 o.6 2 o.8 3 1.0 When three (-,,3)-,-,or.-_more bedroom per apartment are provided, eachadditional bedroom shall be computed at the rate of 0.2 housing unit extra. In no case shall the number of basi(@-nhousing units exceed the number of families permitted on the lot. 11.06 Area of Occupation,in R-5 Di.stricts. -,The area of occupation shall not'excee.d fifty percent (50%) of the lot area. In projects for.apartment houses, the area of occupation shall not exceed the percentage maximum of the total IO-t area which, with respect to permitted population density, is indicated in the following: Square Meters of iLot Area of Occupation, per Family, as Permitted Percentage Maximum Per- mitted in Relation -to Total Lot Area 70 or more 50 55-to 69 30 50 to 54 25 11-07 Gross Floor Area in R-5 Districts. The gross floor area shall -not exceed two hundred and fifty percent (250%) of -50- the.lot area. In apat4,tment house projec-ts, the gross floor area,may be increased to the maximum.percentage of the total lot area that is permitted, on the basis of popul@LV_)cn density, as follows: Square Meters of Lot Gross Floor Space, per Family, as Permitted Percentage Maximum Permitted, in Relation to Total Lot Area 60.or more 250 55 to 59 275 50 to 54 300 If the lot considered for an apartment house project is.subseq-@iently subdivided into two (2) or more lots,' the gross floor space permitted on each lot shall be equal to the proportion between the net residential area of the new lot and total net residential area of the lot under original consideration, multiplied by the total gross floor space permitted in the latter. in no case shall the gross floor area of any floor above the first floor exceed the percentage maximum of the area of occupation permitted in the district. 11.08 Front Yards in R-5 Districgs. - One@.(l) front yard with a depth of not less than three (3) meters, or one-fifth (115) the height of the building, whichever is greater, shall be reqbire'd. The required depth of the front yard shall not include the portion or strip of, the lot ceded or reserved for the future widening of the roadway, under the provisions concerning population density established for 5 the district. 11-09 Side Yards in R-5 Dist ricts. Two (2) side yards shall be required, each with a width of not less than three (3) meters or one-fifth (115) the height of the building, whichever is greate r. Any side yard or part of a side yard that borders on a street shall be considered as a front yard and shall comply with the size requirements for front yards in the district. 11.10 Rear Yards in R-5 Districts. - One (1) X@ear yard shall be required, with a depth of not less than three (3) meters or a fifth (115) of the height of the building, whichever is greater. Any rear yard or part of a rear yard that .borders on a street shall be considered as a front yard and shall complywitl@ the size requirements for front yards in the district. 11.11 Separation between Principal Buildings or Areas on the Same Lot in R-5 Districts. The .following spearation between buildings or. areas on the same lattshall be required: 81'@___" -facl- oBetween praincA-pallo." ;ad&s,@of buildings, a distance of not less than eighteen (18) meters, nor less than one- fifth (115) of the sum of the heights of the buildings considered, whichever is greater. Between rear-facades, a distance of not less than twelve (12.) meters, nor less than one-fifth (115) the sum of the heights of the buildings considered, whichever is greater. Between s ide facades, a distance of not less than -52- twelve (12) meters, @nor'less than one-fifth (115) the sum of the heights of the buildings considered, whichever is greater. Between a principal facade and a side or rear facade, a distance of not less than eighteen (18) meters, nor le ss than one-fifth (115) of the sum of the heights of the buildings considered,'whichever is greater. Betwen a side facade and a rear facade, a distance of not less th an eighteen (18) meters, nor less than one-fifth (115) the sum.of-the heights of the buildings considered, whichever is greater. Between buildings and parking areas, parks, Walkways, pedestrian paths, service areas, loading and unloading areas, and othersimilar areas,.in projects comprising twenty (20) or more families, a distance of not less than,one and a half (1.5) meters. 11.12 Accessory Buildings and Uses in R-5 Districts. Accessory buildings and uses.shall conform with the provisions of Section 36.00 of Topic 10 of this Regulation. 11-13 Parking Areas in R-5 Districts. (1) For apartment houses,-parking areas shall be required on the basis of the permitted population density, as follows: Square Meters of Lot per Family, Minimum Space Required per as Permitted Housing Unit 60 or more o.6o 55 to 59 0.85 50 to-54 0.90 -53- In the cases in which an increase in population density is authorized on the basis of land to be utilized or re- served for vehicular roads or the development of which will be for public utility or is related directly with the public interest, there shall be a requirement to provide, in addition to the preceding space, in a lot for pr6jected private development, 0.60 parking space for each housing unit which such increase in population density represents. In no case shall the uncovered parking area to be provided exceed or represent more than thirty percent (30%) of the lot area. There shall be compliance, in addition, with the provisions for the design of parking area in Sub- section 31.02 of Topic 8 of this Regulation..- (2)-.For the other uses permitted in this District, parking areas shall be provided according to the provisions of .Section 31.00 of Topic 8 of this Regulation. 11.14 Marquees.in R-5 Districts. - Marquees shall conform with the provisions of Sections 32-00, 33-00, 34.00 and 35-00 of Topic 9 of this Regulation. 11-15 Loading and Unloading Space in R-5 Districts..- (1) Any building or part of a building occupied or used for a hotel, hospital or commercial facilities of a local character, under the provisions of Subsection 54-03 of Topic 16 of this Regulation, shall be provided*with a space for loading and unloading of a size not less than eight (8) meters by-three6@0) meters for each dne thousand five hundred (1,500) square meters of gross-floor space -54- or p4rt df that amount in excess of'fLve hundred (500) square meters. (2) Any building or part of a-building occupied or used for an apartment house shall,@-;,,bb provided with a space for load- ing and unloading of a size not less than eight (8) meters by three (3)'meters for each forty (40) housing units, and this space shall be situated at the side or the rear of the building. 11.16-'@ Towers, Fences and Gateways in R-5 Districts. Towers, fences and gateways shall conform with the provisions of Section 30.00 of Topic 7 of this Regulation., 11-17 Signs in R-5 Distri cts. - Signs shall conform with the provisions of Sections 47-00, 48-00, 51.00 and 52.bo of Topic 15-of this Regulation. 11.18 Extending Structures in R-5 Districts. Cornices, eaves, roofs and other architectural features may extend within conforming yards-up to'a distance of not more than one (1) meter. Permission shall likewise be given for the ex- tension of open balconies to a distance of not more than one (1) meter within the front yard and the rear yard, pro- vided there is a separation of not less than five (5) feet from the balcony to. the side lot --line oartthe .-rear'-16t I'line -55- SECTION 12.00 R-6 DISTRICTS 12.01 Purposes of the R-6 District. This district of high population density is established for the purpose of classifying residential areas that form a part of ancient or historic zones of public interest. 12.02 Uses in R-6 Districts. In R-6 Districts,, buildings and accessory structures shall be used for the following purposes; (1) Apartment houses. (2) Houses for one or more families. (3) Other uses.in accordance with the provisions of Subsection 54.03 of Topic 16 of this Regulat ion. 12-03 Heightsin R-6 Districts. - No building shall have more than six (6) floors nor exceed in height more than two (2) times the width of the street on which the building fronts when a lot fronts on two or more streets, the maximum height of the building shall be determined on the basis of the widest street up to a horizontal distance of thirty (30) meters, measured perpendicularly from the edge of that widest street. 12.04 Population Density in R-6 Districts. One family.shall be permitted for each fifty (50) .square meters of lot area. In apartment house projects in this district, permission shall be given to convert the number of basic housing units permitted into a larger number of smaller units, on the basis of the number of bedrooms per type of apartment, and -56- in accordance with the following relationship: Number of Bedrooms per Equivalents in Terms Apartment of Basic Housing Unit 0'("studio or efficiency") o.4 1 o.6 2 0.8 3 1.0 When more than three -()3t),3---bedrooms.per apartment are provided, each additional bedroom shall.be computed at the rate of 0.2 housing unit extra. In no case shall the number of basic housing units exceed the number of families permitted on the'lot. 12-05 - Area of Occupation in R-6 Districts. The area of occupation shall not exceed ninety 'percent (90%) of the lot area. 12-06 - Gross Floor space in R-6 Districts. - The gross floor space shall not exceed four hundred and twenty percent (420%) of the lot area. In no case*shall the gross floor space .per floor exceed ninety percent (90%) of the lot area, for the first three floors of the building, or fifty percent (50%) of the lot area for any floor above the third floor. 12-07 Yards in R46 Districts. Only a rear yard shall be required, with a depth of.not less than three (3) meters. on lots that front on two or more streets, the rear yard with its required area may be situated on the one-four6tho,dftthe.'10-,t that is interior. In such cases, no yard bhall be less than three (3) met-ers by five (5) meters. 12.08 Accessory Buildings and Uses in R146 Districts. - Accessory buildings and uses.shall conform with the provisions of -57- Section 36.00 of Topic 10 of this Regulation. 12.09 Marquees in R-6 Districts. - Marquees shall conform with the provisions of Sections 32-00, 33-00., 34.00 and 35.00 of Topic 9 of this Regulation. 11.10.- Towers, Fences and Gateways in R-6 Districts. Towers, fences and gateways shall conform with the provisions of Section 30-00 of Topic 7 of this Regulation. 12.11 Signs in R-6 Districts. - Signs shall conform with the provisions of Sections 47.00, 48.00, 51.00 and 52.00 of Topic 15 of this Regulation. 12.12 Extending Structures in-R-6 Districts. -'Cornices, eaves, roofs,,, open extending-balcohies and other architectural features.may extend within the border of the street or of the required rear yard up to a distance of not more than one-(l). meter. The extension of open balconies to a distance of separation of less than five feet from any side or rear lot line, is not permitted. _58- SECTION 13-00 C-1 DISTRICTS 13-01 Purposes of the C-1 District. - This district is established for the purpose of classifying commercial areas and for creating new areas that will supply the daily necessities for the people who reside in the vi611iAAy_'_?,iw_Q6. 13.02 Uses up to the First Floor Level in C--,.;l Districts..7 In C-1 Districts, building or accessory structures shall-7 be used, up to. the level of.the first floor, for the pur- poses indicated in the following: (1) - Off-track horse@agencies. (2) - Parking areas for light vehicles in open spaces, provided there is compliance with the provisions for the design of parking areas in Subsection 31.02 of Topic 8 of tnis Regulation. (3) Barber shops. (4) Banking or financial houses. (5) Pawnshops. (6) Child care centers. Motion picture house's, provided that the lot on which this is si,.tuated, or the building which is utilized for this purpose, does not border on a residential district. (8) Civic'clubs with non-profit purposes, in accordance with the-.Pertinent requirements for residential dis- tricts established in Subsection 54-03 of Topic 16 of this Regulation. (9) Retail commerce in articles for consumption and -59- lrtl@,,the. home. _x@ren L (10) Commercial establishments selling tires, accessories and parts for motor vehicles. @(11) Gommercial or vocational schools in which all activitie.s are'for the exclusive purposes of instruction, and *Provided that the premises to be used for this purpose;@@are separated by more than fifty (50) meters from any e xisting or already authorized gasoline station. The minimum required separation shall be measured between the closest points of.both lots.. (12) - Establishments-for personal services. (13) - Gasoline stations,in accordance with the provisions of Sections 27.00 and 28.00 of Topic 6 of this Regulation. @(14) Stations for the collection and distribution of clothing and other materials that are taken to and brought from cleaning and dyeing establishments. @(15) Photographic studios. (16) Retail hardware stores that do not include the sale of lumber, sand, stone, cement, plaster, iron beams and other heavy construction material. (17) Hotels or inns when authorized by the Board. (18) Hospitals designed to be noise-proof,.for the treatment of animalsi- provided that animals are not kept outside.the'building- (19)_.- Rb-spitals and. general medicine dispensaries, except -6o- for. the-treatment of demented patients or con- tagious diseases. (20). Teaching institutions, provided that the.premises used for this purpose maintain a separation of not less than fifty (50) meters from any e xisting'or already-authorized gasoline station. The minimum required separation shall be measured from the closest points between the two premises. (21) Religious institutions, provided that the premises to be used for this purpose maintain a separation of 'not less than fifty (50) meters from any.existing or already-authorized gasoline station. The minimum required 'separation shall be measured from the closest points between the two premises. .(22) Automatic coin-operated lauridries. (23) -Offices. (24) - Shoe repair shops. (25) Restaurants, cafeterias, soda fountains, bars or coffee.shops, provided that the lot-.--bnewhich such establishments are situated does not border on a residential district. (26) - Beauty salons and academies. (27) - Tailoring shops that do not employ mbre.than fifteen (15) people in that activity. (28) The following activities that do not employ more ..than fifteen (15).people, when.authorized by the Board, providedIthat the industrial process involved -61- does not produce smoke, dust, gasses noises or other conditions that may be prejudicial to the adjacent areas: (a) - Commercial laundries. (b) - Bakeries or pastry shops that use electric ovens or fluid gas and whose products are sold at retail only within the premises. (6) Shops for the repair.-.of bicycles and other household appliances and instruments. (d) Any other industrial activity in.tune with. the sector where it is to be established and which shows, by means of the design of the proposed installation, that it will protect the health, security and general well-being of the possible occupants of the building and the residents of the bordering properties,@and that it will not diminish the provision of light and air,to the building that it willuse oi to the nelghbbrilng properties, or .,increase the danger of fire, or bring about a reduction or prejudice to the values of the properties established in the sector. (29),- Housing. 13-03 Uses of the Second Floor level in C-1 Districts.- In C-1 Districts, buildings or appurtenant structures on the second floor level shall be used for the purposes specified in the following: -62- (1) - Barber shops. (2) - Child care-centers. (3) - Motion picture houses, provided that the premises to be used for this purpose do not border on a residential district. (4) Civic clubs for non-profit purposes, in accordance with the requirements for such clubs in residential districts specified in Subsection 54.03 of Topic 16 of this Regulation. (5) - Establishments for personal services. (6) - Hotels and inns, when authorized by the Board. (7) Hospitalsand general medicine dispensaries, except for.the treatment of demented patients. or contagious diseases. (8) Te,aching institutions, provided that the premises to be used for this purpose are separated by at least fifty (50) meters from any existing or. already-authorized gasoline station. The minimum required.separation shall be measured between the closest points of the two lots. (9) Religious institutions, provided that the premises to be used for this purpose maintain a separation of at least fifty (50) meters from any existing or already-authorized gasoline station. The minimum required separation shall be measured between.the closest points of the two lots.. (10)-- Offices. -63- (11) - Beauty salons and academies. '(12) - Housing. 13.04 Heights in C-1 Districts.'- No building shall have more than two (2) floors nor exceed nine (9) meters,in height. Greater height shall be. p'ermitted.provided that any floor above the second flo or is used exclusively for housing and,-`-that the gross floor space and the width of any'yard comply with the stipulations of this Regulation for the district. Mezzanines shall not be counted as a,floor when their area is less than thirty-three percent (33%) of the total area of the ground flor, provided they are used for pur- poses related to the principal activity permitted on that floor, 13-05 Sizes of Lots in C -1 Districts. - All lots formed subsequently to the effective date of this Regulation shall have an area of not less than three hundred (300) square'meters and a width of not less than twelve (12) meters. 13.06 Population Density in C-1 Districts. - One family shall be permitted foreach one hundred (100) square meters of lot .area. In apartment house projects in this district, permission shall be given to convert the number of basic housing units into a.larger number of.smaller units on the basis of the number of bedrooms per type of apartment, in accordance with ,the following relationship: -64- Number of Bedrooms Equivalent in Terms per Apartment of Basic Housing Unit ("studio or eff iciency") 0.4* 2 o.8 .3 1.0 more than three (3),bedrooms per apartment are provided,.each'additional bedroom.shall.be computed at the rate of-0.2 housing unit extra. In no case shall the number of basic housing units exceed the number of families- permitted on the lot. 13-07 Area of. Occupation in C-1 Districts. The area of occupation shall not exceed seventy percent (70%) of the lot area. .13.08 Gross Floor Space.in C-1 Districts. - The gross floor space shall not exceed one hundred and forty percent (140%) of the lot area. In no case shall the gross floor space of any floor above the first floor exceed the percentage max- imum of the area of occupation permited in the district. 13-09 Front Yards in C-1 Districts. - No front yard shall be required for the first two (2) floors of buildings, except in the following combinations of circumstances: (1) When the lot fronts on a sidewalk with a@,@,:*id,--th'.1less than two (2) meters. In these cases, a front yard shall be required with a depth equal to the difference between two (2) meters and the width of the existing sidewalk. (2) When the lot is situated in the same block and fronts -65- on the same side of the street as lots that are in a residential district. In these cases, a front yard shall be required with a depth no less than that required for the resi- dntial district. For any floor permitted above the second floor, a front yard [setback] With a depth of not less than two (2) meters or less than the, depth stipulated in Clause 2 of this Subsection, whichever is greater, shall be required. In no case shall the'depth of the front yard [setback] to be provided for the floors above the first two (2)floors of a building be less than one-fifth (115) of the height of the building. 13-10 Side Yards in C-1.Districts. No wide yards shall be required, each with a width not less than two (2) meters nor less than a fifty (115) of the height of the building, whichever is greater. Notwithstanding the preceding, permission may be given to have no side yards for the first two (2) floors of the building, except on the side of a lot that borders on a residential district or an area for public use, in which case the side yard for the first two (2) floors shall be not less than two(2) meters in width, independently of the height of the building. Any side yard or part of a side yard that borders on a street shall be considered as a front yard and shall comply with the size requirements for front yards in the district., 13.11 Rear Yards in C-1 Districts. - A rear yard with a depth of -66- not le.ss than -three (3) meters nor less than one-fifth (115) the height of the building, whichever is greater, shall be required. Any rear yard or part of a rear yard that borders on a street shall be considered to be a front yard and shall comply with the size requirements for front yards in the district. 13.12 Accessory Buildings and Uses in C-1 Districts. Accessory buildings and uses shall conform with the provisions of Section 37-00 of Topic 10 of this R6,gulation. Motors, electric energy substations, c-ompressors or refrigeration units,.must be located as part of the principal building without extending beyond the general lines of the building. 13-13 Parking Areas in C-1 Districts. - For the uses.permitted in C-1 Districts, parking areas shall be provided in.accord- ance with the provisions of Section 31-00 bf Topic 8 of this' Regulation. 13.14 Marquees for the Parking of Vehicles in C-1 Districts. When it is desired to construct marquees within side yards, for the exclusive use of parking a vehicle of any permitted or existing housing unit, such marquees shall not be counted for.the purposes.of the permitted area of occupa- tion in the district, provided that the marquees comply with the.pr'ovisions of Sections 32.00 and 34.00 of Topic 9 of this Regulation. 13-15 Loading and Unloading Space in C-1 Districts. Any building or part of a building occupied or used for commercial or industrial purposes, or for the exhibition of articles, or -67 as a hospital, shall be provided with a space for loading and unloading of a size not less than eight (8) meters by three (3) meters for each one thousand five hundred (1,500) square meters of gross floor space or part of-that amount in excess of five hundred (500) square meters. 13.16 Towers and Fences in.C-1 Districts. - Towers and fences shall conform with the provisions of.Subsections 30.01 and 30.02 of Topic 7 of this Regulation. 13-17 Signs* in C-1 Districts. - Signs shal 1 conform with the pro- visions established in Sections 47.00, 49-00, 51.00 and 52.00 of Topic 15 of this Regulation. 13.18 Extending Structures in C-1 Districts. - Cornices, eaves, roofs and other architec tural features may extend out within conforming yards up to a distance no greater than one (1) meter. Permission shall likewise be given for the extension of open balconies to a distance of not more than one (1) meter within the front yard and the rear yard, provided there is a separation of not less than five (5) feet from the balcony to.the side lot -l.ine*or the rear lot line ..In the case of buildings for which a front yard is not required,. corn' P; ices, eave ,,@.,roofs, open extending balconies and other architectural features may extend up to a distance of not more than one (1) meter within the width of the, existing sidewalk. In these calses, the extension of,open balconies shall not be permitted beyond a minimum separation -68- of five (5) feet from any side or rear lot line. When a front yard of less than one (1) meter in depth is required, permission shall be given for cornices, eaves, roofs, open extending balconies and other architectural features to extend within the width of the existing sidewalk up to a distance equal to the difference between one (1) meter and the depth of the front yard to be provided. In these cases, the extension of the open balconies shall not be permitted to have a separation of less thanfive (5) fee t from any side or rear lot line. SECTION 14.oo C-2 DISTRICTS 14-.ol Purposes of the C-2 District. - This district is established for the purpose of classifying existing commercial areas or for the creation of new areas that will supply the needs of persons in the vicinity or in residential centers. 14.02 Uses in C,"@@,42 Districts.'- In C-2 Districts, buildings and appurtenances shall be used for the purposes indicated in the following: (1) - Off-track horse agencies. (2) - Car rentals. (3) --' Parking areas for.light vehicles in lots or in structures built for the purpose, provided they complyrwith the stipu- lations for design of parking lats in Subsection 31.02 of Topic 8 of this Regulation. (4) Barber shops. (5) Banking and financial houses. (6) Pawnshops. (7) Motion picture housesi provided that the lot or structure in which thIs is situated does not border on a residential'district. (8) Commercial establishments selling tires, accessories, and parts for motor vehicles. (9) Commercial establishments selling paint. (10) Retail stores selling articles for consumption and' current use in the home. (11) Commercial and vocational schools in which all activities are exclusively for*the purpbse.s'of instruction, and -70- provided that the premises utilized for these pur- poses.is separated by no'less than fifty (50) rftete@rs from any existing or.already-authorized.gasoline station. The minimum required separation shall be measured be@- tween the closest Point of the two premises. (12) Establishments for personal services. (13) Gasoline stations in accordance with the provisions of hs,,&.2.17. And 28.00 of Topic t 7 of this Regulation. (14) Stations for the collection and.distribution of clothing and other materials to be taken to and brought from dry.,cleaning and dyeing establishments. (15) Radio ana.television studios. (16) - Photographic studios. (17) Retail hardware stores that do not include the sale of.lumber, sand, stone, cement, plaster, steel.beams or other heavy construction material. (18)- Funeral parlors, (19) - Gymnasiums. (20) Inns. excepttf or (21) e,,,,,@disp6nsar�e,s the,-`c-treatment-@ of,,@ ients@@'orbc6httd-&@ous dis- de me ktb d -,Pat eases, (22) Animal hospitals designed to be noise-proof, provided that no animals are kept outside the building. (23) Hotelsi (2 4) Teaching institutions, provided that'the premises used for this purpose maintains a separation of not less than -71- fifty (50) meters from any existing or pr eviously- authorized gasoline station. The minimum separation shall be measured between the clos&st points of the two lots. (25) Religious institutions, provided that the premises to be used for this purpose maintains a separation of no t less than fifty (50) meters from any existing or previously-authorized gasoline station. The minimum separation shall be measured b-etween the closest points of the two lots. (26) Automatic coin-operated laundries. (27) Hat cleaning and conditioning establishments. (28) - 0ffices. (29) - Market places. (30) Commercial establishments for recreation, provided that the lot on which such placeor structure is situated does not border on a residential district.. (31) Restaurants, cafeterias, soda fountains, bars or coffee.houses, provided that the lot on which such activities are situated does not border on a residential district. (33) Beauty salons and academies. (34). @'Tailoring establishments that do not employ more than twenty-five (25) persons. in that activity.- (35) - Theaters. (36) - Transmitting towers for radio or television, with the authorization of the Board.,-. -72- (37) Establishments for the sale of automobiles. .(38).- The following industrial activities that'do not employ more than twenty-five (25) persons, with the auth'oriz'atio,n of-the Board, provided that the indus- trial process involved does not produce smoke, dust, gas.ses, noise,or vibrations or other conditions that may be prejudicial to the adjacent areas. (a) Bakeries or pastry establishments that use electric ovens or fluid gas and whose products are sold at retail only with the establishment. (b) Commercial laundries. (c) Workshops for dress-making, lace-making or the manufacture of suits. (d) Establishments for the repair and manufacture of jewelry. (e) Workshops for the repair of bicycles, -batteries, household appliances and articles, typewriters, or other similar artifacts, instruments or articles. (f) Workshops for the production of.awnings to give @protection from rain and sun, and other canvas products. (g) Any other industrial activity in tune with the sector where it is to be established, when it is shown,-by means of the design or the proposed installation, that protection is given to the health, security and general well-being of the -73- possible occupants.of the building and the residents of the bordering properties, and that there will be no diminution of the provision of light and air to the building to be-occupied or to the neighboring proper- ties, or any inc@reas& in the danger of fire, or that there will any reduction in, or prejudice to the values of the properties-established in the sector. 14-03 Heights in C-2 Districts. - No building shall have more than five. (5) floors nor exceed in height tw&_@(2) times the width of the street on which it fronts. A greater height shall be- permitted provided that the gross floor space and the width of any yard comply with the provisions of this Regulation for the district. Mezzanine floors shall not count as a floor when their -floor space is less than thirty-three percent (33%) of the total floor space of the'floor below them, provided that they are used for purposes related with the principal activity permitted on* the said floor. When a.lot fronts on two or more streets, the maximum height of the building shall be determined on the basis of the widest street, up to a horizontal distance of thirty (30) meters measured perpendicularly from the edge of that widest street. 14.o4 Size of Lots in C-2 Districts. All lots formed subsequently to the effective date Qf this Regulation shall have an area of not less than.four,hundred and fifty (4 50) square meters and'a wi:dth'of not less than fifteen (15) meters. 747' 14-05 PopulationDensity in C-2 Districts. One family shall be, permitted for each seventy (70) square meters of lot area. in apartment house projects in-this district, permi ssion may be given to convert the number of basic units permit-ted into a larger number of smaller units based on the number of bedrooms per type of apartment, inaccordance with the follow- ing relatiQnship: Number of Bedrooms Equivalents in Terms of per Apartment Basic Housing Unit 0 ("studio or efficiency") 0.4 1 0.6 2 0.8 -3 1.0 When morethan three bedrooms are provided per apartment, each.additi'onal bedroom.shall be computed at the rate of 0.2 housing unit extra. In no case shall the number of basic housing units exceed the number of families permitted on the lot.. 14.06 Area of Occupation in C-2 Districts. The 'area of occupation shall not exceed the percentage maximum.for the size of lot that, in terms of-the different types of lots, is indicated by the following: Area of Occupation, Per- Type of Lot centage Maximum Permitted for the Size of Lot Interior lo.t. 75 Corner lot 85 Lot with two or three corners 95 Lot occupying a full block 100' -75- 14'.07 Gross Floor Space in,C-.2 Districts. The gross floor space shall not exceed the percentage maximum for the size of lot that, in terms.of the different types of lots, is indicated in the following: Gross Floor Space, Percentage Type of Lot Maximum Permitted for the Size of Lot- Interior lot 375 Corner@lot 425 Lot with two or three corners 475 Lot occupying a full block 500 in no case shall the gross floor space of any floor above the first floor exceed the percentage maximum of occupied area per'mitted.in the district for eachQtype of lot. 14.08 Front Yards in C-2 Districts. Front yards shall not be required for the first three (3) floors of buildings, except when the following circumstances.exist: (1) -.When the lot fronts on a sidewalk with a width of less than two.(?) meters. In the,se cases, a.front yard shallbe required with a depth equal.to the difference between two (2) meters and the width of.the existing sidewalk. (2) When the lot is situated in the same block and fronts on the same side of a street as lots included in a Residential District. In these-cases, a front yard shall be required with a depth no less thah that specified for the Residential -76- District. For any floor permitted above the.third floor, a front yard Zs-e'tbac2k shall be required with adepth 'not less than two (2) meters nor les's than that required in clause (2) of 0 'hever is g this Subsectiin whic reater. In no case shall the depth of the front yard L"s-etbacg to be provided for the floors permitted above the first three (3) floors.of a building, be less than a fifth (115) of the height of the building. 14.09 Side Yards in C-2 Districts. - Two (2) side yards shall be required with a width of not less than two (2) meters nor less than a fifth (115) of the height ofthe'building, which- ever is the greater-. Notwithstanding the preceding, per-- mission may be given to have no side yards for the first three (3-'@- floors of.the building, except on the side of a lot that borders on a Residential District or an area for public use in which case the width of the side yard for the first three (3) floors shall*be not less than two (2) meters, independently of the height of the building. Any side yard or part of a side yard that borders on a street shall be. considered As a front yard and shall comply with the require- ,ments for frVntyards in the district. 14.10 Rear Yards in C-2 Districts. One (1) rear yard shall be required with a depth of not less than three (3) meters nor less than one-fifth (1/5) of the height of the building, whichever is the greater. In the cases of lots on two or three corners, a rear yard shall be required only when the lot -77- borders on a residential district or an area for public use. Any rear yard or part of a rear yard that borders on a street shall be considered as a front yard and shall comply with the size requirements for front yards in the district. 14.11- Accessory Buildings and Uses.in C-2 Districts..-Accessory buildings and uses-bliall conform with the provisions of Section 37-.1,00 of Topic 10 of this Regulation. Motors, electric energy substations, compre-8sors and refrigeration units must be-located as a part of the principal building without extending beyond the general lines of the building. 14.12 Parking Areas in C-2 Districts. - For the uses permitted in C-2 Districts, parking lots shall be provided according to the provisions of Section 31-00 of Topic 8 of th!Is Regulation. 14-13 Marquees for the Parking of a Vehicle in C-2 Districts. When it is desired to construct marquees within side yards, for the exclusive u-se of parking a vehicle of any permitted or existing housing unit, such marquees shall not be counted for the purposes of the permitted area of occupation in the district, provided that the marquees comply with the pro- visions of Sections 32.00 and 34.00 of Topic 9 of this 'Regulation. 14.14 Loading and Unloading Space in C-2 Districts. Any building or part of a building occupied or used for purp oses of commerce, industry, exhibition of articles, for a hotel or a hospital, shall be provided with a loading and unload- ing spade of a.size..not less than eight (8) meters by three -78- (3) meters:for each one thousand five hundred (1,500) square meters of gross,floo*r space or part of that amount in excess .of five hundred (500). square meters. 14-15 Towers and Fences in C-2 Districts. - Towers and fences shall conform with the provisions of Subsections 30.01 and 30.02 of Topic 7 of this Regulation. 14.16 Signs in C-2 Districts. Signs shall conform with the pr o-- visions of Sections 47.oo, 49,00, 51,00 and 52.00 of Topic 15 of this Regulation. 14-17 Extending Structures in C-2 Districts. Cornices, eaves, @roofs and other architectural features may extend within complying yards up to a distance of not more than one (1) meter. Permission shall likewise be given for the ex- tension of open balconies to a distance of not more than one U), meter'within.conforming front and rear yards, provided there is a separation of not.les.s than five (5) feet. from the balcony to the'side' lot--line or'the rear lot line., When no,front yard is required, cornices, eaves, roofs, open extending balconies and other architectural. features may exte.nd up to a distance of not more than one. ..(.1) meter within'the width of the existing,sidewalk. In these cases, the extension of open balconies shall not be permitted beyond a minimum separation of five (5) feet from any side or rear lot line. When a front yard is required with a depth of less than one (1) meter, permission shall be given for cornices, eaves, roofs, open extending balconies and other architect- -79- ural features to extend upo,@t& a distance equal to the difference between one (1) meter and the depth of the front yard to be provided. In these cases, the extension of open balconies shall not be permitted beyond a separation of five (5) feet from any side or rear lot line. -80- SECTION 15-00 C-3 DISTRICTS 15-01 Purposes of the C-3 District.*- This district is established for the purpose of'classifying existing commercial areas of a central character/ 15.02 Uses in C-3 Districts. In@C-3 Districts, buildings and appurtenances shall be used for the following purposes: (1) - Off-track horse agencies. (2) - Car rentals. (3) - Storage of furniture and domestic articles. Parking areas for light vehicles in lots or structures built for the purpose, provid6.d they comply with the provi-sions for the design of parking areas in Subsection 31.02 of Topic 8 of this Regulation.' (5) Barber shops. (6) Banking and financial houses. (7) Pawnshops. (8) Motion picture houses, provided that the lot on which they are situated or the structure in which they are located.,-does not border upon a residential district. (9) Commercial establishments selling tir'es, accessories and parts for motor vehicles. (10) Commercial establishments selling,paints. (11) - Commercial establishments selling articles for con- sumption or current use in the.home. (1,2) -Commercial establishments or storehouses.for films, and motion picture studios. (13) - Commercial and vocational schools in which all -81- activities thatare carried out are''for the exclusive purpose of instruction, and provided that the premises to be used for these purposes maintains a separation. of not less than fifty (50) meters from any existing or previously-authorized gasoline station. The minimum required separation shall be measured -between the close,st points of thetwo lots. (14) Establishments for personal services. (15) Gasoline stations in accordance with the provisions of Sections 27-00 and 28.00-of Topic of this Regulation, (16) Stations for the collection and distribution of clothing and other materials to be taken to and brought from cleaning and, dyeing establishments. (17) Dancing'and music studios., (18) Radio and television studios. (19) Photographic studios. (20) Retail hardware storeb;@@that do not -include the sale of lumber, sand, stone, cement, plaster or steel beams, or other heavy construction materials. .(21) - Funeral parlors. (22) - Gymnasiums. (23) Inns. (24) Hospitals or general medi6,1ne dispensaries, except for the tre atment of demented patients or contagious diseases. (25) Animal hospital's designed to be sound-proof, provided _82- that.no animals are maintained outsi de the building. (26) - Hot&ls. (27) - Printing shops, publishing houses, and engraving establishments. (28) Teaching institutions, provided that the premises to be used for this purpose maintain a separation of not less than fifty (50) meters from any existing or pre- viously-authorized gasoline station. The minimum required separation.shall be measuiedd-between the closest points of the two lots. (29) Religious institutions, provided that the premises to beused for this purpose maintain a separation of not less than fifty (50) meters from any existing or pre- viously-authorize'd gasoline station. The minimum required separation,,shall be measured between the closest points of-the two-lots. (30) Automatic coin-operated laundries. (31) Establishments for cleaning and conditioning hats. (32) Offices. (33) Market places. (34) Commercial establishments for recreation. (35)-- Shoe repair shops. (36). Restaurants, cafeterias,.soda fountains, bars or coffee shops. (37) - Beauty salons and academies. (38) - Tailoring establishments that employ not more than thirty-five (35) persons in that activity. -83- O'g) Theaters,and Halls-for assemblies or concerts. (40) Radio and television transmitting towers, when authorized by the Board. (41) Establishments for the sale of automobiles. (42) Establishments for the sale of heavy vehicles and machinery. (43) Housing. (44) The following industrial activities that do not employ more than thirty-five (35) persons, when authorized by the Board, provided that industrial process involved does not produce smoke,-dust, basses, noises or vibra- tions or other conditions that may be prejudicial to the adjacent areas., (a) Bakeries and pastry establishments that use electric ovens. or fluid gas and whose products are soldat retail only within the premises. (b) Com'merdial laundries.- (c) E'stablishment s for the repair and manufacture of jewelr Yo (d) - Shops for dress-making, lace-making or manu facture of suits. (e) Shops for the repair of bicycles, batteries, household appliances and articles, typewriters or other similar artefacts, instruments or articles. (f) Shops for repairing, cleaning, painting or light manufacture that do not include cleaning -84- and dyeing establishments that use cleaning ase or any other 2_.,,.z;fI'ijids_ that have a petroleum b establishment that would carry.out activities that could be injurious or offensive 'or could be in some way dangerous to the public health and security. (g) Shops for the production of awnings.to give pro- tection against rain and sun and other canvas articles. (h) Any other industrial activity in tune with the sector where it is to be established, when it is shown,tby'@Ithe design or the proposed installa- tion, that protection is afforded for the health, security and general well-being of the possible occupants of the building and the residents of the bordering properties, and that there will be no diminu@tlon,i in the provision of light and air to the building to'be occupied or to the -neighbor- ing properties, nor.any increase in'the danger of fire, or any reduction in,por prejudice to the values of the properties established.in the sector. 15-03 Heights in C-3 Districts. No building shall have more than six (6)@ifloors nor exceedin height two (2) times the width of the street on which it fronts. A-greater height shall be permitted except in those cases considered under the provisions of the Regulation for Ancient and Historic Zones (Planning Regulation No. 5), provided that the gross floor space and -85- the width of any yard comply with the provisions,of this Regulation for the district. When a lot fronts on two or more streets, the maximum height of the building shall be determined on the basis of. the widest street, up to,a horizontal distance of thirty (30) meters measured perpendicularly from the border of that widest street. Mezzanine floors shall not count as a floor when the floor space is le'ss-than thirty-three percent (33%) of the total area of the ground floor of the building, provided that the mezzanines are used for purposes related to.the principal activity permitted on said floor. 15.04 Size of Lots in C-3 Districts. - All lots formed subsequently to the effective date of this Regulation shall have an area of not less than five hundred (500) sq@@iar& meters and a width of not less than fifteen (15) meters. Population Density in C-3 Districts. - One family shalla-bb permitted for each sixty (60) square meters of lot area, In apartment house projects in this district, permission .shall be given to convert thenumber of basic housing units. into a larger number of smaller units on the basis of the number,.of b6drooms per type of apartment,- and in accordance with the following relationship! Number of Bedrooms- Equivalent in Terms of Basic- per*A.partme,nt Housing Unit 0 ("studio or efficiency") o.4 1 o.6 2 o.8 3 1.0 -86- 15,@o6 Area of occupation in C-3 Districts. -.The area-of occupation shall not exceed the maximum percentage for the size of lot that, in terms of the different types of lots, is indicated in the following: Type of Lot Area of Occupation, Maximum Percentage Permitted of the Lot Size Interior lot 75 Corner lot 85 Lot on two or three*corners 95 Lot occupying andentire&b16ck'k 100 15-07 Gross Floor Space in Q-3 Districts. - The gross floor space shall not exceed the maximum percentage of the size of lot that,.in terms of the different types of lots, is indicated in the following.- Gross Floor Space, Maximum Per- Type of Lot fk1tte,,q'eP6rceditagd of the Size of Lot Interior lot 450 Corner lot 510 Lot on two or three corners 570 Lot occupying an entire block 6oo In no case shall the gross floor sp ace of any floor, above,the first floor exceed the maximum percentage of area of occupation permitted in the district for each type of lot.. 15.08 Front Yards in C-3 Districts. - No front yard shall be required for. the three (3) first floorslof buildings, except when the following circumstances exist: -87- (1) When the lot fronts on a sidewalk with a width less than two (2) meters. In these,cases,,-a front yard shall be required with a depth equal to the difference between two (2) meters and the width of the existing sidewalk. (2) When the lot is situated in the same block and fronts on the same side of a street as lots in- cluded in a residential district. In these cases, a front yard shall be required with a depth not lest than that'required for the resi- dential district. For any floor permitted above the third floor, a front yard Zs-etbaeg shall be required with a depth of 'no less than two (2) meters nor less than that required by clause (2)@of this.Subsection, whiqh6t1,r&rris.g'reater. 'In no case shall the depth of the front yard fsetbacg to be provided .,for the floors-permitted above the th:bed (3) first floors of a buildi ng be less than a fifth (115) of the height of the building. In the cases considered under the provisions of the Regulation for-Ancient and Historic Zones (Planning Regu- lat-ion No- 5), no front yards shall be required. 15-09 Side Yards in C-3 Districts. - Two.(2),.side yards shall be required, each with an width of not less than two (2) meters nor.less than a fifth (115)@ of the-height of the building, whichever is greater. Notwithstanding the preceding, per- mission may be given for the.first three (3) floors of a building to have no side yards except on the side of the lot that borders on a residential district or an area for public use, in which case the'.width of the side yard for the first.three (3) floors shall be not less than two (2) meters, independently of the height of the building. Any side yard or part of a side Y'ard that borders on a street shall be considered as a front yard and shall comply with the size requirements for side yards in the district. In the cases considered under the provisions of the Regulation on Ancient and Historic Zones (Planning Regu- lation No. 5), no side yards shall be required. T',15-10 Rear Yards in C-3 Districts. - One (1) rear yard of aodepth of not less than three (3) meters -nor less than a fifth (115) of the height of the building, whichever is greater, shall be required. On corner lots which form part-of a totally com- mer6ial block, the rear yard may be situated in the interior one-fourth (1/4) of the lot with its equivalent area, except that in these cases 'no yard may be less than three (3) meters by five (5).meters. In the cases of lots -ohttwo or three corners, a:.r,.rgarnyardashalidbe'-r6quiredeoiilyzv@hen the lot borders on a residential district or-on an area for public use. Any rear yard'or part of a rear yard that borders on a street shall be considered as a front yard and shall comply with the size requirements for front yards in the district. 15-11 Accessory Buildings and Uses in C-3 Districts. - Accessory buildings and uses shall conform with the provisions of -89- Section 37-00 of Topic 10 of this Regulation. Motors, electric energy substations and compressors or refrigera- tion units must be located as a part of the principal build- ing without extending beyond the general lines of the building. 15.12 Parking Areas in C-3 Districts. - For the uses permittedin C-3 Districts, parking areas shall be provided in accordance with the provisions of Section 31.00 of Topic 8-of this Regulation. 15-13 Marquees for the Parking of a Vehicle in C-3 Districts. When it is desired to construct marquees within side yards for exclusive use in the parking of a vehicle of any existing or permitted housing unit, these marquees shall not count for the purposes of the permitted area of occupation in the dis- trict, provided that the construction of marquees comply with the provisions of Sections 32.00 and 34.00 of Topic 9 of this Regulation. 15.14 Loading and Unloading Space in C-3 Districts. - Any building or part of a building occupied or used for purposes of commerce, industry@,. stora ge,,exhibition of.articles, for a hotel or a hospital, shall be provided with a space for loading and unloading of a size%no less than eight (8) meters by three (3) meters fo Ir each,one thousand five hundred (1,5QO), square meters of.gross floor space or part of that amount in excess of five hundred (500) square meters. 15-15 Towers and Fences in C-3 Districts. Towers and fences shalfl conform with the provisions.of Subsections 30.01 and 30-02 of Topic 7 of this Regulation. -go- 15.16 Signs in C73 Districts, Signs shall conform with.the provisions of Sections 47.00, 49-00, 51.00 and 52.00 of Topic 15-.Of this Regulation. 15-17 Extending Structures in C-3 Districts. - Cornices, eaves, roofs and other architecturalafeatures-May extend within conforming yards-up to a distance of not more than one (1) meter. Likewise, permission.shall be given for the @extension of open balconies up to a distance of not more than one (1) meter within the front and rear yards, pro- vided that such balconies have a separation of not less than five (5) feet from any side lot line or rear lot line. When no front,yard is required, cornices, eaves, roofs, extended,open'balconie's and other- architectural featuri@s,,,may extend up to a distance of not More than one (1) meter within the -existing sidewalk. In these cases, the extension of open balconies shall have a permitted minimum separation of five (5) feet from any side or rear lot line. When a front yard i's required with-a depth of less than one (1) meter, permission shall be given for the cornices, eaves, i@'oofs, extended open balconies and other architectural features to extend within the width of the existing sidewalk up to a distance equal to the difference between one (1) meter and the depth of the front yard to.be provided., In these,": cases, the extension'of the open balconies shall not,be permitted with.a'separation of less than five (5) feet from any side or rear lot lin e. _91- SECTION 16.00 C-4 DISTRICTS 16.01 Purposes of the' C-4 District. This district is established for the purpose of classifying developed centers of commerce inconformity with the provisions of Subsection 45-01 of Topic 14 of this Regulation. 16.02 Uses in C-4 Districts. - In C-4 Districts, buildings and appur- tenances shall be used for -the following purposes: (2) Barber shops. (3) Banking and financial houses. ..(4) - Motion picture houses. (5) - Retail establishments for the sale of articles of -consumption and daily use in the-home.. (6) Gasoline stations in accordance with the provisions of Sections 27.00and 28.00 of Topic.6 of this Regulation. (7) Stations for the'collection and distribution of clothing and other materials to be taken to and brought from c.leaning and dyeing establishments. (8) Photographic studios. (9) Automatic coin-operated laundries. (10) Offices on the first floor. (11) Bakeries and pastry establishments that use electric ovens or fluid.gas and whose products are sold at retail within the premises. -(12 Commercial es tablishments for recreation. (13) Shoe repair shops. (14) Restaurants, caf&,terias, soda fountains and bars. .-92- (15) - Beauty salons. (16) - Tailoring establishments. (17) Establishments for p .ersonal services. 16-03 Heights in C74 Districts. No building shall have more than two (2) floors notexceed nine (9) meters in height. A greater height shall be permitted provided that the gross floor space is 'not greater than that permitted for the district. The mezzanine floors shall not be counted as a floor when their floor space is less than thirty-three percent (33%) of the total area of the ground floor of the building';, provided that they are used for purposes related to the principal activity permitted 6n1that floor. 16.o4 Sizes of Lots in C-4 Districts. - The lot area shall be not less- than eight thousand (8,000) square meters. 16-05 Area of Occupation in C-4 Districts. The area of occupation shall hot-riexceed thirty percent (30%) of the lot area. 16.06.- Gross Floor Space in C-4 Districts. - The gross floor space .shall not exceed sixty percent (60%) of the lot area. In no case shall the gross floor space of any floor over the first floor exceed the maximum percentage of the area--,,df occupation permitted in the district. 16.07 Yards in C-4 Districts. - Yards shall be required with a depth or a width of not less than fifteen (15) meters. 16.08.- Accessory Uses in C-4 Districts. -r Accessory uses shall be permitted as a part of the principal building. Motors, electric energy substations and compressors or refrigeration units must be located as a part of the prin&ipal -93- building without extending beyond the general lines of the building. 16.09 Parking Areas in C-4 Districts. - For the uses permitted in C-4 Districts, parking lots shall be provided in accordance with the provisions of Section 31.00 of Topic 8 of this Regulation. 16.10 Loading and Unloading Space in C-4 Districts. - Any building or part of a buildi ng occupied or used for the permitted purposes in a marketing center shall be provided with a space for loading and unloading of a size not less than eight (8) meters by three (3) meters for each one thousand five hundred (1,500) square meters of gross floor space or part of that amount in excess of two hundred (200) square meters. 16.11 Towers and Fences in C-4 Districts. Towers and fences shall conform with the provisions of Subsections 30.01 and 30.02 of Topic 7 of this Regulation. Signs in C-4 Districts. Signs shall conform with the pro- visions,of Sections 47-00,49-00, 51-00-and 52.00,of Topic 15 of this Regulation. -16.13 Extending Structures in C-4 Districts. Cornices, eaves, roofs,. open extending ba lconies and other architectural features may be permitted within conforming yards up to distance of .not more than one-(l) meter of extension. -94- SECTION 17.00 C-5 DISTRICTS 17.01 Purposes of the C-5 District. - This district is established for the purpose of classifying extensive commercial centers of recreation developed in conformity with the provisions of Subsection 45.02 of Topic 14 of this Regulation. 17.02 Uses in C-5 Districts. - In C-5 Districts, buildings and appurtenances shall be used for the purposes indicated in the following, upon authorization by the Board: (1) - Nautical activities. (2) - Airports. (3) - Drive-in motion picture theaters. (4)- Stadiums, coliseums, athletic fields and similar installatons. (5) Motion picture studios. (6) Heliports. Hippodromes, velodromes, and other similar installations. (8) Commercial parks for recreation. 17.03 Buildings, Accessory Uses and Signs in C-5 Districts...- Permissiion shall be given, for buildings, accessory uses and signs necessary for the adequate functioning of the permitted uses and for the safety and comfort of the public, upon authorization by the Board. 17.o4 Parking Areas in C-5 Districts. For the uses permitted in C-5 Districts, parking areas shall be provided in accordance wi th Section 31.00 of Topic 8 of this Regulation. -95- SECTION 18.00 - C-6 DISTRICTS 18.01 Purposes of the C-6 District. This district is established for the purpose of classifying developed commercial facilities, in conformity with the requirements of the Regulation concern- ing Neighborhood Facilities (Planning Regulation No. 9). 18.02 Uses in C-6 Districts. In C-6 Districts, building and appurtenances shall be used for the following purposes: (1) - Off-track horse agencies. (2) - Barber shops. (3) Banking and financial establishments. (4) Pawnshops. (5) Retail commercial establishments selling consumption articles products for current use in the, home. (6) Gasoline stations,in accordance with the provisions of Sections, 27.OO and 28.0O of Topic of this Regulation. (7) Stations for the collection and distribution of clothing and other materials to be taken to, and brought from cleaning and dyeing establishments.. (8) - Automatic coin-operated laundries.. (9) - Offices. (10) Bakeries and pastry establishments that do not employ more than fifteen (15) persons, which use electric ovens or fluid gas and whose products are sold at retail only within the premises. (11) - Shoe repair shops. (12) - Restaurants, cafeterias, soda fountains, bars, or coffee shops. (13) Beauty sall.on's. (14) Tailoring establishments that@do not employ more than fifteen (15) persons in that activity. (15) Establishments for personal services. (16) Shops for the repair of bicycles, or articles of household use, upon authorization of the Board, provided@that the process involved does not produce smoke, dust, gasses, noises or vibrations or other conditions that may be prejudicial, to the adjacent are as.,. (17) Housing above the first floor. 18.05 Additional Uses in C-6* Districts. - In the commercial buildings that form a part of the neighborhood center, as required by the Regulation concerning Neighborhood Facilities (Planning Regulation No. 9), the following uses shall be permitted in addition to those permitted by Subsection 18.02, upon author- ization of the-Board:. (1) --Motion picture houses. (2) - Civic clubs. (3),-,Comme.rcial establ ishments selll@rg tires, accessories,, ex.t_,, @),cAah@d parts for motor vehicles which do -not include the repair of the vehicles nor the installation of the parts. (4) Commercial and vocational schools in-which all activities V-:; that are carried out are exclusively for the purposes of instruction. Dancing and music studios., (6) Radio.and television studios. -97- (7) Photographic studios. (8) Retail hardware stores that do not include the sale of lumber, sand, stone, cement, plaster, steel beams or other heavy construction materials. (9) - Funeral parlors. (10) - Inns above the ground floor. (11) - Establishments for the cleaning and conditioning of hats. (12),- Commercial establishments for recreation. (13) - Housing, above the first floor. (14) - Industrial activities in tune with the sect6r where they are:to be estbLblished, that do not employ more than fifteen (15) persons, upon authorization of the Board, when it is shown, by@means of the design or the proposed installation,'that they afford protection for the health, security and gefib.rMiwffll-being of the possible occupants of the building and of the residents of bordering properties and do not diminish the provision of light and air to the building to be occupied or the neighboring properties, nor increase the danger of fire or occasion a reduction in or prejudice to the values of the properties established in the sector. 18.04 Heights in C-6 Districts. - No building shall.have more-than two (2) floors nor exceed nine (9) meters in height. A greater height shall be permitted provided that the gross floor space and the width of any yard comply with the specifications estab- lished for this district by this Regulation. Mezzanine floors shall not count as a floor wh.-en their -98- floor.space is less than thirty-three percent (33%) of the total-floor space of the floor below them, provided that their uses are related to the principal permitted activity of that floor. @18-05 Population Density in C-6 Districts. - One family shall be permitted for each one hundred and fifty (150) square meters of lot area. In apartment house projects in this district, permis- sion shall be given to convert the number of basic housing units permitted into a larger number of smaller units, on the basis of the number.of bedrooms per type of apartment, and in accordance with the following relationship: Number-roff-Bedrooms Equivalent in Terms of Basic per Apartment Housing Unit 0 ("studio or efficiency") 0.4 1 o.6 2 0.8 3 1.0 When more than three (3) bedrooms are provided per apartment, each additional bedroom shall be computed at the rate of 0.2 housing unit extra. In no case shall the number of basic housing units exceed the number of families permitted on the lot. 18.06 Area of Occupation in C-6 Districts. - The area of"occupation shall not exceed thirty percent (30%) of the lot area. 18-07 Gross Floor Space in C-6 Districts. The gross floor space shall not exceed sixty percent (60%) of the lot area. In no case shall the gross floor space of a ny floor above the _99- ground floorexceed the maximum perce-ntage of the area of occupation permitted in the district. 18.08 Yards in C-6 Districts. - Yards with a depth or,width of not less than' six (6) meters, nor less than a fifth (1/5) of the height of the building, which6ver is greater, shall be required. Any side or rear yard, or part of such, which borders on an access or a public walkway shall,be considered as a front.yard and..shall comply with the:,size requirements for front yards in this district. In case'any of the commercial parcels of land are sub- divided 'into two or more independent lots, side yards shall not be required on the common side of the two com- mercial lots. 18.09 Accessory Uses in C-6 Districts. Accessory uses shall be permitted as a part of the principal building. Motors, electric energy substations and compressors or refrigeration units must be located as a part of the principal building without extending beyond the general lines of the. building. 18.10 Parking Areas in C-6 Pistric-ts. - For the uses permitted in C-6 Districts, parking areas shall be provided in acc ord- ance with the provisions of Section 31.00 of Topic 8 of this Regulation. 18.11 Loading and Unloading Space in C-6 Districts. - Any building or par t of a building occupied,or used..for the purposes permitted in this district, shall be provided with a s pace _100- for loading and unloading of a size not less than*eight (8) meters by three (3) metters for each one thousand five hundred (1,500) squaremeters of gro.ss floor space or part of that amount in exce.ss-of two hundred (200) square meters". 18.12 Towers and Fences in C-6 Districts. Towers and fences shall comply-with the provisions of Subsections 30.01 and 30.02 of Topic 7 of this Regulation. 18-13 Signs in C-6 Districts. - Sig ns shall comply with the pro- visions of Sections 47.00, 49-00, 51-00 and.52.00 of Topic 15 of this Regulation., 18-.14 Extending Structures in C-6 Districts'. Cornices, eavejs@',,,. roofs,.open,ex.tending balconies and other architectural features may extend within conforming yards up to a dis- tance of not more than one (1) meter. _101- SECTION 19.00 1-1 DISTRICTS 19.01 Purposes of the I-1 District. - This district is established for the purpose of classifying areas for the establishment of light industries. The objective is to use the land assigned for light industries for those purposes,. excluding residential uses and certain commercial uses in those districts. 19.02 Uses in I-1 Districts. - In I-1 Districts, buildings and appurtenances shall be used for the following purposes: (1) - Barber shops. (2) - Motion picture houses. (3) - Commercial -_@@establishments for the sale and storage of films, and motion picture studios. (5) Packers of agricultural products. (6)*- Commercial and vocational schools in which ahy:@ indus- trial trial activity shall be for the exclusive purpose of instruction, and provided that the premises to be used for this purposes are separated by not less than fifty (50) meters from any existing or previously-authorized gasoline station. (7) - Establishments for personal services. (8) - Parking of vehicles in lots o r in structures constructed for this purpose, provided they comply with the speci- fications for design of parking areas in Subsection 31.02 of Topic 6 of this Regulation. (9) Gasoline stations, in accordance with the provisions of .Sections 27..00 and 29.'00 of.Topic:6 of this Regulation. -102- _UO) Dance or music studios. (11) - Radio or television studios. (12) - Hardware stores, including those that sell'construction materials. (13) Funeral parlors.. (14) Gymnasiums. (15) Hospitals for the treatment-of animals. (16) Printing.plants, publishing houses and engraving Q@2,[email protected] e@sitablishments. (17) Automatic coin-operated la undries. (18) - Commercial and industrial laundries. (19) - Offices. (20) - Bakeries and pastry establishments. (21) Plants for pasteurizing milk and the elaboration of deriyative.products.- (22) -'Commercial establishments. for recreation. (23) Restaurants, cafeterias, soda fountains,,bars or coffee' houses. (24) Beauty salons.' (25) Banking houses or branches. (26) -.Repair shops. (27) - Upholstery establishments. (28) - Theaters or halls for assemblies or concerts. (29) - Establishments for the sale of heavy machinery and vehicles. (30) Other light industrial activities, when it is shown, -103- by means of the d construction and operation, esign, that it affordsprotection for the health, security and well-being of the occupants of the property to be used and of the bordering properties, and that it will -not diminish the provision of light and air to the building to be occupied or used or to the neighboring properties, nor that it will increase the danger of fire or occasion a reduction in, or prejudice'to the values of the properties established in the neighboring areas, and thatit will assure, due protection to the public interest. Permission will not be given for the operation in this district of the uses specified in Sections 21.00 and 22.00 of Topic 4 of this Regulation. 19-03 Heights in I-1 Districts. - No building shall have more than six -(6)'* floors nor,exIc6.ed @chheight two (2) times the width of the street.on which it fronts. A greater,height shall be permitted provide.d that.the gross floor space and the width of any yard comply with the specifications for this district established by this Regulation. When a lot fronts on two or more streets, the maximum height of the building shall be determined bn the basis of the widest street, up to a horizontal distance of thirty (30) meters measured perpendicularly back from the edge of that Iwidest street.. Mezzanine@ floors shall not count as a floor when their floor space is less than thirty-three percent (33%) of the tot.,E'@_' total area of the floor below them, provided that they are -104- used for purposes related to the principal pe rmitted activity of that floor. 19.04 Size of Lots in I-1 Districts. - All lots formed subs equehtly to the effectivedate of this Regulation shallahave an area, of not less than eight hundred (800) square meters and a width of not less than twenty (20) meters. 19-05 Area of Occupation in I-1 Districts. - The area of occupation shall not exceed seventy-five percent (?5%o) of the lot area. 19.06 Gross Floor Space in-I-1 Districts. The gross-floor space shall not exceed four hundred and fifty 'ercent (450%),of p the lot area. In no case shall the gross.floor space of any floor above the ground floor exceed the maximum percentage of area of occupation permitted in the district. 19-07 Front Yards in I-1 Districts. - Front yards shall not be re- quired.fof the first three (3) floors of-buildings except when the following circumstances exist: (1) When the lot fronts on a sidewalk of.a width less than two (2) meters. In these cases, a front yard shall be required with a depth equal to the difference between two (2) meters and the width of the existing sidewalk. (2) When the lot is situated in the same block and fronts on the same side of a street as lots included in a residential district. In the se cases, a front yard shall be required with a depth not less than that required for the residential district. -105- For any floor permitted above the third floor, a front yard @_setbacg shall be required with a depth of not less than two (2) meters nor less than that required in Clause (2) of this Subsection, whichever is greater. In no case shall the front yard L'setbac2k to be provided for floors permitted over_@the third.floor of a building be less than one-fifth (115) the height of the building. 19.08 Side Yards in I-1 Districts. Two (2) side yards shall be required, each with a width of not less than two (2) meters 'nor less than one-fifth,(1/5) the height of the building, whichever is greater.. Notwithstanding the preceding, permission may be given for the first three (3) floors of a building to have no side yafd, except on the side of the lot that borders-on a.residential district or a district fof public use, in which case the width of the. side yard for those.three (3),first floors shall be not less than two (2) meters, independently of the height of the building. Any side yard or any part of a side yard that borders on a street shall be considered as a front yard and shall comply with the size require ments for front yards in the district. 19.09 Rear'Yards in I-1 Districts. - one (1) rear yard shall be required with a depth of not less than three (3) meters nor lesssthan.one-fifth (115) the height.,of the buildi .ng, whichever .is greater.' -Any rear yard'or-part of a rear yard that'borders on a street shall be considred to be a front yard and shall comply with the size- requirements for front -lo6- yards in this district. 19.10 Accessory Buildings and Uses in I-1 Districts. Accessory buildings and uses shall conform with the provisions of Section 38.00 of Topic 10 of this Regulation. 19.11 Parking Areas in I-1 Districts. - For the uses 'permitted in I-1 Districts, parking areas shall be established in accord- ance with the provisions of Section 31-00 of Topic 8 of this Regulation. 19.12 Loading and Unloading Spade in I-1 Districts.*- Any building or part of a building occupied or used for the purposes of industry, storage, exhibition of articles,.commerce, or a hospital shall, be provided with a space for loading and unloading of a size not less than eight (8) meters by three (3) meters for eachsone thousand.five-hundred (1,500) square meters of gross floor space or part of that amount in excess ,of two hundred (200) square meters. 19-13 Towers and Fences in I-1 Districts. - Towers and fences shall conform with the provisions of Subsections.30.01 and 30.02 of Topic 7 of this Regulation. 19.14 Signs and Announcements in I-1 Districts. - Signs or announce- ments shall conformwith the provisions of Sections 47-00, 50-00, 51.00 and 52.00 of Topic 15 of this Regulation. 19-15 Exten ding Structures in I-1 Districts. - Cornices, eaves, roofs and other architectural features mayaextend into conforming yards up to a distance of not more than one (1) meter. Permission shall be given., likewise, for the exten- sion.of open balconies up to a distance of not more than -107- one (1) meter into.conforming front and rear yards, pro- vided that these balconies are separated by at least five (5) feet from any side or -rear lot line. When no.front yard is required, cornices, eaves, roofs, open extending'balconies and other architectural features may extend up to a distance -hot greater.than one (1) meter into the width of the existing sidewalk. In these.cases, -extehsion*of open balconies shall,-@not be permitted with the 1 eet from any side or rear a separation of les*S'.than five (5) f lot. line. WheiT@@a front yard with a width of less.than one (1) meter is required, permission shall be given for cornices, eavess,@ roofs, open extending balconies and other architectural features to extend into the width of the existing sidewalk up to a distance eqiqal to the difference between one (1) meter and the depth of the front yard to be provided. In these cases, -the extension of open balconies shall not be permitted with a separation of less than five fe&t.from any-side or rear lot li-nei -108- SECTION 20.00 IL-1 DISTRICTS 20.01 Purposes of the IL-1 District. This district is established for the purpose of classifying areas for the establishment of light industry- In this district,.the height of buildings is limited, andsetbacks from the lot lines are required for. buildings. The objective is to have lands assigned for light indus- tries used1for such purposes, excluding residential uses and certain commercial uses in these districts. 20.02 Use.s in IL-1 Districts. '-,In IL-1 Districts, buildings and appurtenances shall be usedtfor the following purposes; (1) - Barber shops. (2) - Motion picture houses. (3) - Commercial establishments or store houses for.the wholesale distribution of products other tlyance@x*vlosives. (4).- Packers of agricultural products. (5) Commercial and vocational schools in which any indus" trial activity is for the exclusive purpose of instruc t- ion, provided that the premises to be used for this purpose, shall be @s&,p6L@r-at6,,.dfby-t@Lt(j,e'as.t fifty (50) meters from any existing or previously-authorized gasoline station. (6) Establishments for personal services. (7) Parking of vehicles in lots or structures constructed for this purpose, provided that the design of the parking lots shall conform with the stipulations of Subsection 31.02 of Topic 8'of this Regulation. "109- (8) Gasoline, stations, in accordance with the provisions of Sections 27.00 and 29.00 of Topic 6 of this Regulation. (9) Dance or music studios. Hardware stores, including those that sell construction materials. (11) - Funeral parlors. (12) - Gymnasiums. (13) - Animal hospitals. (14) - Printing plants, publishing houses and.engraving establishments. (15) - Automatic coin-operated laundries. (16) - Commercial and industrial laundries. (17) - Offices. (18) - Bakerie.s'and pastry establishments. (19) Plants for pasteurizing mi]k and elaborating derivative* products. (20) - Commercial establishments for recreation. (21) - Restaurants, cafeterias, soda fountains, bars or coffee houses. (22) - Assembly halls. (23) - Beauty salons'. (24) -Banking houses or branches. (25) Repair shops. (26).- Upholstery establishments. (27) -'Theaters. (28).- Establishment S-for the sale of vehicles or heavy machinery. _110- (29) Other light industrial activities, when it is shown, by means of the design, construction or operation, that protection is afforded for the health, security and well-being.of the occupants of the property'to be occupied oriaus(@daadidt-bf thie tberde ring 1"p.Xvoper and that there will be no diminution of light and air to building to'be constructed oroccupied or to the neigh-- boring properties, or that there will be any increase .in the danger of fire, or any reduction in, or prejudice to the values of the properties established in the neighboring areas@ and that due protection of the public interest is assured. Permission shalInot be given in this district for the operations and uses specified in Sections 21.010 and 22.00 of Topic 4 of this Regulation. 20-03 Heights in IL-.1 Districts. - No building shall have more than two (2) floors nor exceed nine (9) meters in height. Greater heights shall be'permitted provided that the gross floor space and the width of.all yards-conforms with the specifications for this district in this Regulation. Mezzanine floors shall not be counted as a floor when their area is less than thirty-three percent (33%) of the total area of the floor below them, provided that they are, used for purposes re lated to the principal permitted activity on that floor. 20.04 Size of Lots in IL-1 Districts. All lots formed subsequently to the effective date of this Regulation shall have an.area of not less than eight hundred (800) square meters and a width not less than twenty (20) meters. 20-05 Area of Occupation in' IL-1 Districts. - The area of occupation shall not exceed sixty perceht (60%) of the lot are@a. 20.06 Gross Floor Space in IL-l.Districts. -.The gro-ps'floor space shall not-.exceed.one hundred and-twenty percent (120%) of the. lot area. In no case shall the gross floor space of any floor above tha ground floor-exceed the maximum percentage of the area of occupation permitted in the district. 20-07 Front Yards in IL-1 Districts. - A front.yard shall be required with a depth of not less than three (3) meters nor less than a fifth (115) the height of the building, whichever is greater. In lots that are situated.in the same block and that front on the same side of a street as lots included in a .,residential district, the depth of the front yard shall be not less than that required for the residential district.nor less than three (3) meters or a fifth (115) of the height of the building, whichever is greater. 20.08 Side Yards in IL-1 Districts. Two (2) side-yards shall be required, each with-a'width of not less thanafour (4) meters nor less than a fifth (115) of the Might of.the building, whichever is greater. Any side yard or party of a side yard that borders on a street shall be considered as a front yard and shall comply with the, size requirements for front yards in this district. 20.09 Rear Yards in IL-1 Districts. -,A rear yard.shall be required with@ja depth of not less than four (4) meters, nor less than a fifth.(1/5) the height of the building, whichever is greater. 112- Any rear yard or part of a rear yard that borders on a ,street shall be considered as a front yard and shall,comply with the size requirements for front yards in this district. 20.10 Accessory Buildings and U.ses in IL-1 Districts..- Accessory buildings and uses shall comply with the provisions of Sectio In 38.00 of!Topic 10 of this Regul Ation. 20.11 Parking Areas in IL-.';,l Dis tricts. - For the uses permitted in IL-1 Districts, parking areas shall be- provided in accord- arice with the provsions of Section 31.00 of Topic 8 of this Regulation. 20.12 -.Loading and Unloading Space in IL-1 Districts. Any building or part of a building occupied or used for purposes of industry, storage, exhibition of articles, commerce, or as a hospital, shall be provided with a space for loading and unloading of a size not less than eight (8) meters by three (3) meters for each one thousand five hiundred (1,500) square meters of gross floorspace or part of that amouilt in excess of two huhdred (200) square meters. 20-13 Towers and Fences in IL-1 Districts., - Towers and fences shall conform with the provisions of Subsections 30-01 and 30.02 of Topic 7 of'this Regulation. 20.14 Signs or Announcements in IL-1 Districts. Signs or announce- ments shall conform with the provisions of Sections 47-00, 50-00, 51.00 and 52.00 of Topic 15 of this Regulation. 20-15 Extending Structures in IL-1 Districts. - Cornices, eaves, roofs, open,extending balconies and other architectural features may extend into the conforming yards up to a distance of not more than one (1) meter. The extension of open balconies shall not be permitted with, a separation of less than five (5) feet from any side or rear lot line. -114- SECTION 21-00 1-2 DISTRI CTS 21.01 Purposes of the I-2.Di strict. - This district is established for the,purpose of classifying areas for heavy industry. The determination of the amount of land to be used for heavy industry shall be based on the potentialities of the area for the development of heavy industry, on the wind direction,'on the detrimental effects of the heavy industry on the dir or water or in other respects such as causing odors, noises, vibrations or reflections of light; on the implications of the traffic generated by these industries, on the transportation system; and on the best,organization and use of land. The objective is that theland assigned.'for the'use of heavy industry should be used for that purpose, excluding from this district residential and commercial uses and light industry. 21.02.7 Uses in 1-2 Districts. - In 1-2 Districts, buildings and appurtenances shall be used for the elaboration, fabrida- tion, treatment, processing or refining of: (1) - Fertilizers, on the basis of mixing. (2) - Acetone. (3) - Alcohol. (4) - Starch, glucose and dextrine. (5) - Asphalt for paving. (6) - Metallic boilers or tanks. (7) - Celluloid or cellulose, with the authorization of the Board. (8) - Cerm-ics and pottery, when produced with machine tools. -115- (9) Chlorine. (10) - Calcium dhloride (11) - Glue or gelatine, with the authorization of the Board. (12)'-- Sauerkraut, with the authotization-of.the Board. (13) Disinfectants. (14) Sausages with-the authorization of the Board. (15) - Matches, with the authorization of the Board. (16) - Acetylene gas. (17) Greases.or elaborations of petroleum products, with the authorization of the Board. (18) - Fireworks. (19) - Gas. (20) - Rubber 'or guttapercha. -(21) - Oil cloth or linoleum. (22) - Insecticides or poisons. (23) - Soap paste. (24) - Sandpaper. (25) Cleaning material. (26) Lard, grease or tallow, with the authorization of the Board. (27) Concrete products such as blocks. (28) - Carbon black. (29) - Paper, cardboard or pasteboard. (30) - Paints, oils, lacquers, turpentine or varnish. (31) - Snuff or tobacco.dust. (32) - Soda. -116- (33) Terracotta and. derivatives. (34) - Printing ink. (35) - Dyes. 21-03 Additional Uses in 1-2 Districts. In 1-2 Districts, permission shall be. given for:the followihg.uses, in addition to those permitted in Subsection 21.02 of this Topic-.- The storage, tanning and curing of crude hides and skins. (2) Storage of fireworks. .(3) General storage, except of explosive products.. (4) - Arsenals, with the authorization of the Board. (5) - Animal corrals. (6) Crematoriums, with the authorization of the Board. (7) Curing of rubber or guttapercha. (8) Storage of gas. (9) Storage of acetylene gas. (10) Storage and packing of scrap iron, junk and any other old and discarded material, with the author- ization of,the Board. (11) Dismemberment and destruction of vehicles, with the authorization of the Board. (12) -Cotton ginning. (13) - Disposition of garbage and remains of dead animals, with the authoriz ation of the' Board. (14) - Ready-mix concrete plants. (15) - Woodworking establishments. (16) - Packers of agricultural products. (17) - Gasoline stations, in accordance with the provisions of Sections 27.00 and 29.00 of Topic 6,,.,of this Regulation. (@18) -.Extraction of grease, with the authorization of the Board. (19) - Forging dnd shaping of metals. (20) - Galvanization of metals. (21) - Printing plants, publishing houses and engraving plants. (22) - Yeast manufacturing. (23) - Saline industries. (24) - Lamination of woods. (25) - DIashing and carding of wool. (26) - Industrial laundries. (27) - Sack cleaning. (28) - Slaughter houses, with the authorization of the Board. (29) - Bakeries and pastry plants, with the authorization of the Board. (30) Plants for pasteurizing milkand derivative products, with the authorization of the Board. (31) Repair shops. (32) Indus-trial activities that do not re-quire,bby their nature, an exclusive location and in whose operation there is inherent a certain degree of nulisance, noises, vibrations, odors, smog, zmoke, particle or gas emissions, with the authorization of the Board. -118- 21.04 Heights in 1-2 Districts. - No build Ings, sha,1 1 !have more than six (6) floors nor exceed twenty-four (24) meters in height,@ Mezzanine floors shall not count as a floor when their floor space is less than thirty-three percent (33%) of the @'E total area of the floor below them, provided that-they are used for purpos es related to the principal permitted activity on that floor. 21-05 Size of Lots in 1-2 Districts. - All lots formed subsequently to the effective date of this Regulation shall have an area of.not,,less than four thousand (4,000) square meters, and a .width of not less than forty (40) meters..' 21.06 Area'of Occupation in 1-2 Districts. - The area of,occupation shall not exceed fifty percent (50%) of the lot area. 21-07 Gross Floor Space in 1-2 Districts. - The gross floor space shall not exceed three hundred percent (300%) of the lot area. In no case shall the gross floor areaof any floor above the ground floor exceed the maximum percentage of the area of occupation permitted"in the district. 21.08' Front Yards in 1-2 Districts. - One (1) front yard shall be required with a depth of not less than three (3) meters. In lots situated on the same block and which front on the same side of a street as lots included.in a residential dis- trict, the depth of the front yard shall be not less than three (3) meters nor less than the size required for the residential district, whichever is greater. 21-09 Side Yards in 1-2 Districts. - Two (2) side yards shall be required-with a width not less than five (5) meters forea'ch. -119- Any side yard or part of a side Yard that borders on a street shall be considered'@as--a@front yard.and shall comply 'with thesize requirements,for' fro .nt yar ds in this district. 21.10 Rear Ya"rds in 1-2 Districts. one (1) rear yard shall be required with a depth not less than five (5) meters. Any rearyard or part of a rear yard that borders on a street shall be considered to be a front yard and shall comply with the size requirements for front yards in this district. 21.11 Accessory Buildings and Uses in 1-2 Districts. Accessory buildings and uses shall conform with the provisions of Section 38.00 of Topic. 10 of this Regulation. 21-12 Parking Areas.in 1-2 Di,stridts,.,- For the uses- permitted in 1-2 Di,stricts, parking areas shall be provided in ac c6rdance with the provisions of Section 31-00 of Topic 8 of this Regulation. 21-13 Loading and Unloading Space in 1-2 Districts. - Any building or part of a building occupied or used for purposes of industry or storage shall be provided with.a loading and unloading space of not less than eight (8) meters by three C3) meters for each.one thousand five hundred (1,500) square meters of gross flovr space or part of that amount in excess of two hundred,(200) square meters. 21.14 Towers and Fences in 1-2 Districts. Towers and fences shall conform with the provisions of Subsections 30.01 and 30.02 of Topic 7 of this Regulation. 21.15 Signs and Announcemen -ts in 1-2 Districts. Signs or announce- ments shall conf@drm with the provisions of Sections 47-00, 50-00, 51.00 and 52.010 of Topic 15 of this Regulation. -120- 21.16 Extending Structures in 1-2 Districts Cornices, eaves, roofs, open extending balconies and other architectural features may extend into conforming yards up to a distance of not more than one (1) meter. The extension of open bal- conies shall not be permitted without a separation of at least five feet from any side or rear lot line. -121- SECTION 22.00 - IL-2 DISTRICTS 22.01 Purposes of the IL-2 District. This district is established for the purposes of classify ing areas for heavy industries developed or to be developed for specific projects in accordance with the provisions of Subsection 46.02 of Topic 14 of this Regulation. 22.02 Uses in IL-2 Districts. In IL-2 Districts, buildings and appurtenances-shall be used for the elaboration, fabrication, treatment, processing or refining of: (1) - Fertilizers. (2) - Acids. (3) - Ammonia. Asphalt. (5) - Sugar. (6) - Refining of minerals tin, copper, zinc and iron ore. (7) - Tar and its products. (8) - Lime. (9) - Vegetable or mineral coal. (10.) - Celluloid@@- (11) Cement.. (12) Ceramic.,Is.and V.0ttery'. (13) - Creosote@ (14) - Explosives. (15) - Foundries and metal-working plants for iron, steel, bronze or copper. (16) - Flour and grain mills. (17) - Lamination of metals. -122- (18) - Petroleum and its products. (19) - Piroxyle-ne and its products. (20) - Potash (Hydroxide of potash). (21) - Explosive or inflammable products of cellulose. (22) - Rock crushing. (23) - Gypsum. 22-03 Additional Uses in IL-2 Districts. In IL-2 Districts, permission shall be given for the following uses in addition to those permitted by Subsection 22.02 of this Topic. (1) Storage or wholesaling of petroleum and its products. Stotage..of'explosives. (3) - Iron and steel mills. (4) - Application of potash (hydroxide.of potash). (5) - Electric or thermo-electric generating plants. (6) - Curing and smoking of fish. (7) - Cokd ovens. (8) - Central mixing of concrete, gypsum or materials for paving or mortar. (9) Repair shops. 22.04 Heightsin IL-2 Districts. In IL-2 Districts, the height of structures shall be established taking into consideratiory- the nature of the specific industry to be operated in the premise.s. 22-05 Size of Lots in IL-2 Districts. The lot area shall be determined by the Board after justification of the needs by the proponent. In no case shall,consideration be given to areas of less than eight thousand (8,000) square meters. -123- 22.06 Area .of Occupation, Gross Floor Space and. S iz'e so f Yards in IL-2 Districts. The area of occupation, the'gross floor space and the size of yards shall be determined by.the Board with consideration of the @,IAturetof ethe- s_PecIf;!-c'-_ihdus't%f to be operated. 22-07 Accessory Buildings and Uses-in IL'_2 Districts. Accessory buildings and uses shall be permitted for the adequate functioning to carry out the permitted uses, with the authorization of the Board. 22.08 Parking Areas in IL-2 Districts. For the uses permitted in IL-2 Districts, parking areas shall be provided accord- ing to the provisions of Section 31-00 of Topic 8 of this Regulation. 22.09 Loading and Unloading Spaces in !L-2 Districts. - Any building or part,of a building occupied or used for purposes of-industry orstorage shall be provided with a space for loading and unloading of a size not less than 'eight (8) meters by.three (3).meters for each one thousand five hundred (1,@00) square meters of gross floor space or part of that amount in excess of two hundred (200) square meters. 22-10 Towers and Fences in IL-2 Districts. -.Towers and fences shall conform with the provisions of Subsections 30.01 ,and 301.02 of Topic 7 of this Regulation. 22.11 Signs orAnnouncements in IL-2 Districts. Signs or announce-. ments shall'conform with the provisions of Sections 47,,00, 50-00, 51.00.and 52.00 of Topic,15 of this Regulation. -124- 22.12 Extending Structures in IL-2 Districts. Cornices, eaves, roofs, extending open balconies and other architectural features may extend into conforming yards to a distance of not more than one (1) meter. The extension of open balconies shall not be permitted without a separation of at least five (5) feet from any side,or* rear lot line. -125- SECTION 23-00 - M DISTRICTS 23-01,- Definition of the M District. - An M District is defined as an area in which. the excessive crowding of buildings, the excessively small size of buildings, the lack of adequate service for the supply of potable water, drainage, or elimina- tion of sewage, excessively low and swampy ground, excessive slopes, excessively high freatic level,J@xcessively un- satisfactory types of earth, the lack of streets or paving, the construction of buildings without adequate standards or solidity, the lack of m orderly plan or design, or other conditions, have produced, intensified or aggravated the danger of fire,.the propagation of diseases, anti,-social conditions and an environment harmful to morals, tending to damage neighboring property and creating risks of bodily harm. 23.02 Establishment of M-Districts. M Districts are established by the Board because of their character, their physical and s.tructuralconditions and the atmosphere that.prevails in them wh.ich is of.such nature that the:use of the buildings and appurtenances is prejudicial to the health or general well-being conditions.that require, for their correction, aml:L- measures of joint a*ction on the part of the property- owners affected-or the efforts of the community in general. To establish an M District, it shall be nece�sary that some or all of the conditi.ons mentioned above exist in the area under consideration, making the, district inadequate for housing until these conditions are modified. -126- 23-03 Construction, Improvements and Changes of Use in M Districts. .In M Districts, no building shall be erected, enlarged or reconstructed, nor shall any chnage be made in the use. of existing structures, until such-time as there has been an elimination of the conditions to which reference has been made, and such an environment has been changed, and until aft'er the Board has. des ignate dathe..rare aoaspaho the r type of district. NotwLthstanding the prec eding, the Boafd may establish, by a resolution,, requirements for permitting improvements, construction, enlargements,,,alterations, transfers of structures or changes in the use-of appurtenances, provided that such improvements, construction, enlargements, altera- tions, transfers of structures, or changes in the use of appurtenances are -in complete harmony with-the renewal plans for the M District in which the appurtenance is situated, or in conformity with the requirements established in the resolution. In these cases, the carrying out of a public hearing shall be required prior to the adoption of such a resolution, which shall form part of this Regulation. 23.04 Reclassification of,M Districts. Any Municipal or State Agency or any property-owner in an M District may request, in accordance with the provisions of Subsection 4.02.of Topic 3 of this Regulati on, the total or partial reclassification of such M District to one.of another type, when the con- ditions in the district have.changed sufficiently to justify its reclassification. 12 7- SECTION .24--oo - PDISTRICTS 24-01 --Uses in-P Districts. -.In P DLbtricts, buildings and appurtenances shall be used for the following purposes: (1) Public parks. (2) - Public space for parking automobiles. Public educational institutions. (4) Public housing projects. (5) Governmental offices. (6) Public hospitals. (7) - Fire department bct-aVions. (8) - Police stations. (9.) - Publicairports. (10)- Public bemeteries. (1l)- Other public uses. In P Districts, any.building occupied or used for purposes of a civic character, for teaching, religious purposes, philanthropic or charitable purposes, which Is, private property, may be constructed, enlarged or altered with.the authorization of the Board. 24,4"'02 Height, Size of Lot, Population Density, Area of.Occupation-, Gross Floor Space, Size of Yards, Accessory@Buildings and' Uses, Parking, Marquees-, Loading.and Unloading Space, Towers, Fences, Gateways and Signs in P Districts. - In P Districts, the height of buildings or structures, the size of lots, the area of occupation,the gross floor space, the size of yards, the accessory buildings and.uses,,and the requirements for parking of vehicles,.marquees, spaces for loading and un- -128- loading,.towers, fences, gateways and signs shall be determined by the B'oard, taking into consideration the public use to be established. _129- TOPIC 5 ROW HOUSES AND APARTBENT HOU SES IN R-3 AND R-4 DISTRICTS SECTION' 25-00 ROW HOUSES IN R-3 AND R-4 DISTRICTS 25-01 General. - In R-3 and R-4 Districts, permission shall be given for the constructi-on of buildings to be occupied or used as row houses,that do not constitute extensive residential developments, when the provisions of this Section are complied with. In the cases that constitute extensive residential developments, the requirements established in Section 43.00 of Topic 13 of this Regu- lation shall be applied. 25.02 -.Housing Units in a Row House in R-3 and R-4 Districts. - A. row house shall not contain more than ten (10) housing units. 25-03 Height of Row Houses in R-3 and R-4 Districts.- No building shall have more than two (2) floors nor exceed nine (9) meters in height.. A greater height shall be permitted provided that-the gross floor space.and the width of any yard complies with the specifications established for these district's by th,11s Regulation. 25-04 Size of Lots for Row Houses in 9-3 and ]@.-4 Districts. The lot for each housing unit shall have an area that shall depend upon the-width of the'unit, the area of occupation permitted and the size of the yards or the separation between buildings or areas in the same lot required in this Section. For each lnteirlp @@-,h6-@ising unit, a minimum width of -130- lot of six (6) meters shall be required. For housing units that are at the ends of rows of row houses, a minimum width of lot of not less than nine (9) meters shall be required. 25-05 Population Density for Row.Houses in R-3 and R-4 Districts. For each housing unitj there shall be required an area of not less.,than,one hundred and fifty (150) square meters in R-3 Districts, and not less than one hundred and twenty-five (125) square [email protected] R-4'Districts*. 25.06 Area of Occupation,fo.r Row'Houses in R-3 and R-4 Districts, The area of occupation shall not exceed fifty percent (50%) of the lot area. 25-07 Gross Floor Space for Row Houses in R-3 and R-4 Districts. The gross floor space shall not exceed one hundred percent (100%) of the lot area. In no case shall the gross floor space ofany floor above the ground floor exceed the max- imum percentage of the permitted area of occupation. 25.08 Front Yards for Row Houses in R-3 and R-4 Districts. One (1) front yard shall be required with a depth of.not less than three (3) meters when the building provides space for parking vehicles or when there is a common parking area, and not less than six (6) meters when such space or such common parking area ianot provided. 25-09 Side @inddRear Yards for Row Houses in R-3 and R-4 Districts. Side and rear yards'shall be required with width or depth of not less than three (3) meter's each.. Any side or re ar -131- yard or part of a side or re-,ar yard that borders on a street or on a public promenade of six (6) meters or more in width, shall be consid(@red to be a front yard. 25-10 Separation between Row Houses or Areas on the Same Lot in R-3 and R-4 Districts. The"following minimum separa- tion shall be required between row houses or areas on the same lot: Between principal facades, a distance of not less than twelve (12) meters. Between rear facades, a distance of not les's than six (6) meters. Between side facades,.a distance of not less than six (6)-meters. Between a principal facade and a side orrear facade, a distance of not less than twelve (12) meters. Between a side facade and a rear facade, a distance of not less than twelve (12) me-ters-. .Between buildings and parking areas, parks, walkways, pedestrian paths and other similar.areas, a distance of not -less than three (3) meters. 25-11 Accessory Buildings and Uses in Row Housing Projects in R-3 and R-4 Districts. Accessory buildings or service areas for drying clothes sh all be located in the rear of buildings and shall comply with the other provisions established in Section 36.00 of Topic 10 of this Regulation. 23-12 Parking Areas for Row Houses in R'3 and R-4 Districts. At least one (1) space for one (1) vehicle for each housing -132- unit shall be provided. The common parking areas shall comply with the specifications.for design of parking areas in Subsection,31.02 of Topic 8 of this Regulation. .25-13'- Marquees for Row Houses in R-3 and R-4 Districts. -.Marquees shall conform with the provisions of Sections 32-00, 33-00, 34.00 and 35.00 of Topic 9 of this Regulation. 25.14 Towers, Fences.and Gateways for Row Houses in R-3 and R-4 .Districts. - Towers, fences and gateways shall conform with the provisions of Section 30.00 of.Topic 7 of this Regulation,i" 25-15 Signs on Row Houses in R-3 and R-4 Districts. - Signs shall conform with the provisions of Sections 47.00, 48-00 51-00 and 52.00 of Topic 15 of this Regulation. 25.16 Extending Structures in Row Housing Projects in R-3 and R-4 Districts. - Cornices, eaves, roofs and other architectural features may extend into the yards or the separations between buildings or areas on the same lot, up to a distance of not more than one (1) meter. Permission shall likewise be given for the extension of open balconies up to a distance of not more than one (1) meter, within required front and rear yards, provided that there is a separation of not less than five (5) feet between the balconies and any side or rear lot line. 25-17 Other Aspects related to Row Housing Projects in R-3 and R-4 Districts.- Urbanization works that pertain to the proposed project shall be carried out. -133- .SECTION 26.oo APARTMENT HOUSES IN R-3 AND R-4 DISTRICTS 26.01 General. In,R-0 and R-4 Districts, permission shall be given for the construction of buildings to be occupied or used as apartment housiesaibut@which do not constitute, extensive housing developments, 'when there,is compliance with'the provisions of this Section. In the cases that constitute extensive residential-developments, the require- ments established in Section 44.00 of Topic 13 of this Regulations shall apply. 26-02 Height of Apartment Houses in R-3 and R-4 Districts. The height of buildings shall be determined on the basis of the gross floor space permitted and.the size of the yards or separations-between buildings or areas on the same lot established in,this Section. 26-03 Population Density in Apartment House Projects in R-3 and R-4 Districts. - The number of families permitted shall -be determined on the basis of the total lot area and in accordance with the following: On lots that have an area of less than two thousand (2,boo) square feet, one family shall be permitted for each one hundred and fiftY.(150) square meters of let area in R-3 Districts, and for each one hundred and twenty-five (1250i square meters of lot area in R-4 Districts. On lots with an area of two thousand (2,000) square meters-or more, one family shall be permitted for each one*hundred (100).square meters of lot area in R-3 and in R-4 Districts. -134- On lots with an area of three thousand eight hundred (3,800) square meters or more, one family shall be permitted for each ninety-five (95.) square meters of lot area, in R-3 and R-4 Districts. on lots with an area of.five thousand four hundred (5,400) square meters or more, one family shall be permitted for each ninety (90) square meters of lot area, in R-3 and R-4 Districts. If a lot considered for an apartment house project is subsequently subdivided into two (2) or more lots, the number of families to be permitted on each lot shall -be equal to the proportion between the net residential area of the new lot and the total net residential area of the lot under original consideration, multiplied by the total number of families permitted on the latter. In apartment house projects in these districts, permission shall.be given to convert the number of basic housing units permitted into a larger number of smalld-r u nits, on the basis of the number of bedrooms per type of apartment, and in accordance with the following relationship: Number of Bedrooms. Equivalent in Terms of Basic per Apartment Housing Unit 0 ("studio or efficiency") 0.4 1 o.6 2 0.8 -33 1.0 -135- When more than three (3).bedrooms per apartment are provided, each additional bedroom shall be computed at the rate of 0.2 housing unit extra. In no case shall-.the number of basic housing units exceed the number.of families permitted on the lot. 26.04 Area of Occupation in Apartment House Projects in R-3 and R-4 Districts. The area of occupation shall not exceed the maximum percentage of tptal.lot area which, on. the basis of the permitted population density, is indicated in the following... Square Meters of Lot per Area of Occupation, Maximum Family, as Permitted Percentage Permitted on the basis of Total Lot Area in R-3 and R-4 Districts. 125 or more 50 100 to 124 40 99 or less 30 26,.05 Gross Floor Space in Apartment House Projects in R-3 and R-4 Districts. - The gross floor space shall not exceed the percentage which, on the basis of the permitted population density, is indicated in the following table. In no case shall the gross floor space of any floor above the ground floor exceed the maximum percentage of the area of, occupa- tion permitted. Square Meters of Lot per Family, Gross Floor Space, Maximum as Permitted Percentage Permitted, of the Total Lot Area, in R-3 and R-4 Districts 150 100 125 120 100 .140 95 150 go 16o -136- If a lot under consideration for an apartment house project is subsequently subdivided into two (2) or more lots, the gross floor space permitted on each lot shall be equal to th e proportion between the net residential area of the new lot and the total -net residential area of the lot originally under consideratio-.i@.,.,@-m@ul7t,i@plied by the gross floor space permitted on the latter. 26.06 Yards for Apartment Houses in R-3 and R-4 Distr-xcts. Front,.,. side and rear yards shall have a depth or. width of not less than three (3) meters nor less than one-fifth (115) of-the height of thebuilding, whichever is greater. Any side or rear yard or part of such yard that borders on a street shall be considered as a front yard. 26-07 Separation between Apartment.'Housbs4on the Same Lot in'R-3 and R-4 Districts. A separation of not less than fifteen (15) meters between apartment houses on the same lot,ahotiless than one-fifth (115) the-sum of the heights of the buildings under consideration, whichever is the greater, shall be req,ulred. 26.08 Separation'between Apartment Houses and Areas on the Same Lot in R-3 and R-4 Districts. - There must be a separati.on-of not less than three (3) meters between apartment houses and areas for parking.or services, or parks, pathways, pedestrian walks, and o-ther similar areas which are located outside of buildings.. [email protected] Accessory Buildings and Uses in Apartment House Projects in R-3 and R-4 Districts. 7 - Accessory buildings,'or service areas for drying clothing and collecting garbage, shall be located at the sideoor-k-the .rear of the buildings and shall comply with the other provisions established in Section 36.00 of Topic 10 of this Regulation. 26.10 Parking Areas for Apartment House Projects in.R-i3 and.,R-4 Districts. - There-shall be provided at least one (1) parking space for.one (1) vehicle for each housing unit. .In addition, the specifications for the design of parking areas in Subsection 31.02 of Topic 8 of this Regulation must be complied with. 26.11 Marquee s in Apartment House Projects in R-3 and R-4 Districts. .Marquees shall conform with the provisi ons of Sections 32.00, 33-00, 34.00 and 35-00 of Topic 9 of ,@t@his Regulation. 26.12 Loading and Unloading Space in Apartment House Projects in R-3 and R-4 Districts. Any building occupied or used for an apartment house shall be provided with a space for load- ing and unloading of a size not less than eight (8) meters, by three (3) meters for each forty (40) housing units, and these spaces shall be located at the side or in the rear of the buildings. 26-13 -.Towers, Fences and Gateways in Apartment House Projects in R-3 and R-4 Districts. Towers., fences and gateways shall.. conform with the provisions of Section 30.00 of Topic 7 of this Regulation, 26.14 Signs in Apartment Hou se Projects in R-3 and R-4 Distbtcts. - Signs shall conform with the provisions of Sections 47-00, 48.0.0,'51.00 and 52.00 of Topic 15 of this Regulation. -138- 26-15 Extending Structures in Apartment House Projects in R-3 and R-4 Districts. - Cornices, eaves, roofs andIother architect- ural features may extend into yards or the separation be- tween buildings or the areas of the same lot as specified in this Section, up to a distance not greater than one (1) meter. Permission shall likewise be given for the extension of open balconies up to a distance no greater.than one (1) meter, into front and rear yards, provided that these bal- conies are separated by a minimum distance of five (5) feet from,a ny side or rear lot line. -139- TOPIC 6 GASOLINE STATIONS SECTION 27-00 - GENERAL PROVISIONS 27-01 Initiative. Any application for a new gasoline station, except*in C-6 Districts, must be accompanied by evidence demonstrating that notification has been sent, of the intent- ion to establish the said gasoline station, to all owners and lessees of gasoline stations situated within the lineal or radial distances that are required for notification in such case. All parties directly notified of the intention to establish a gasoline station shall have a period-of not more than ten (10) days in which to submit their allegations, if they have any, with reference to the proposed establish- ment. 27.02 Study of Viability Every application for a new gasoline ,station, except in C-6 Districts,-mus.ttbe accompanied.by a study of viability, which shall take into consideration, with respect to the sector within the lineal and radial distances that' are require d in such a case, the following factors: (1) - The population density of the sector. (2) - Any other relevant factors that merit consideration in relation to the proposed gasoline station. As amended on June 21, 1971 Effective date of Amandments, June 16., 1971. -14o- 27-03 Public Hearings. When the Board considers it necessaryt for the consideration of applications for the establishment of new gasoline stations, public hearings shall be held, with notification to all'the parties. 27.04 Separation between Gasoline Stations. - The minimum separa- tion required between a new gasoline station and an existing or previously-authorized station, in consultation concern- ing the location of the station and the use of land in the preliminary project, the preliminary plans or the final plans - shall be determined in accordance,with the following: In cases of commercial or.indus trial districts that do -not border on any of their sides with land cla ssified as R-0 for the protection of an arterial highway, the mini- mum separation between gasoline stations shall be eight hundred (800) lineal-meters when the stations are situated on either side oftthe same street, and four hundred (400) radial meters when the stations are situated on different streets. For purposes of application of the preceding provision, an arterial.highway shall.be understood to be any street or road that has been assigned a route number by the Depart- ment of Public Works of the State or by the Highway Authority, and those roads so designated by the Board by means of a resolution. (2) - In the case of commercial and industrial districts that border on any of their sides on lands classified in an R-0 District, for the protection of an arterial highway, -14l- (as defined lp Clause 1 of this Subsection), the minimum separation between gasoline stations shall be one thousand six hundred (1,600) lineal meters when the said gasoline stations are situated on-the same.road or street,aand four hundred (400) radial meters when the stations are situated on different streets. (3) In cases of one-waysstreets with.three or more lanes, the provisions concerning radial distances specified in Clauses (1) and (2) of this Subsection shall apply separately to each side of the r6addor street; and t4e provisions con- cerning lineal distances shall be applied only with respect to gasoline stations that are situated on the same side of a street. (4) - In the cases of gasoline stations on streets of a width greater than eighteen (18) meters, provided with turn lanes or separating strips between vehicles moving in opposite directions, or a central security island, the provisions concerning radial and lineal distances set forth in Clause (1) and (2) of this Subsection shall apply independently for each side of the street. In these cases, when there is a gap in the line for control of turns or the centralstrip or security island, permission may be given for the location of a single gasoline station on one of the lots that form corners or that are directly opposite each.other, in the place where such a gap,occurs, provided that,this observes the radial and lineal separation reqfzired for other gasoline -142- stationson the same side of the street. For the purposes of applying the preceding provision, it shall be understood that the gap in the control line or the security strip or island on this type of street, will occur, occasioned by the following circumstances& (a) The street is intetsd;ct6:dt7,( on both sides by another street, forming four corners. (b) The btreet is intersected oneone of its sides by anQther street, forming two corners. (c) The line to control turns,or the strip or eentei@tv,- security.island is interrupted, without the" Inter- section of the street on either of its sides by another street. (5) Those existing gasoline stations whose gasoline pumps are situated on-the public sidewalks shall not be taken into consideration in the application,of the provisions established in this Subse,cti'on. Nor shall there be taken into consider ation those gasoline stations that do not have within their flot space sufficient for servicing two (2) automobiles for each pump used to deliver gasoline, and which need to use. the public street for this Purpose. 27-05 Separation between Gasoline Stations and Areas used for Certain Other Purposes. Any lot on which it is projected to construct a gasoline station must be separated by a minimum distance of fifty (50-Yradial meters from any. other' lot 'on which there exists-or is project 6d the construction of a school, college, university, academy,.,library, tribunal, court, hospital, C -143- church, asylum, orphanage, museum,-park, public plaza or square, city hall, armory, insane asylum, reformatory, jail, penal institution, p rison, health center or public health unit. For the purposes of application of the preceding pro- vision, there shall be considered to be projected" any school, college, hospital, church,. asylum, orphanage, museum, park, public square,- city hall, armory, insane asylum, reform- atory, jail, penal institution, prison, healt@h center or public health unit for*which the Board has approved an advisory opinion on location, when they concern projects that have been submitted to some governmental agency, or for which the construction plans have been approved, when they are projected submitted by private citizens. 27.06 Measurements of Separation between Gasoline Stations and between such Stations and Areas for Other Uses. - The minimum required separation shall be measured between the closest points of the two lots. 27-07 Uses Bordering on Gasoline Stations. Parcels of -land that border on their sides with lots of parcels included within residential districts shall not be used for gasoline stations. In the cases of corner lots that border on one of their sides with residential districts, this restriction may be overcome by the construc.tion of a wall of reinforced concrete or .of reinforced concrete and concrete 'blocks to a height of two (2) meters the entire length of the borderline-, except that the section of the wall to be.constructed along the part of the borderline that is beside t he. front yard re- quired for.the adjacent residential district shall have -144- a maximum he.ight of one (1) meter. In cases in which the proposed.lot borders on its rear lot line with a residential district, there shall be constructed a wall of reinforced concrete or of reinforced concrete and concrete blocks two (2) meters in height, the entire length of the conterminous lot line. 27.08 Area to be Utilized .for Gasoline Stations in a Zoned District. The sum of the areas of lots occupied or used for gasoline stations@shall not exceed.,twenty-@five percent (25%) of the total..area,of all the lo ts included within the district underconsideration. In districts divided by public streets with a width of more than eighteen (18) meters, the twenty-five percent (25%) specified in the preceding shall be calculated separately for each part of the di-strict thus divided. 27-09 Situation of Gasoline Pumps The minimum distance between the right-of-way of a street and the island that contains gasoline pumps shall be four meters,and twenty-five centimeters (4.25Ycmeasured line ally, when the pump island is located parallel to the street. When the island is at an angle with the right-of-way of the street, the minimum distance between the island and the right-of'!,Way.shall be.six (6) meters. 27-10 Security against Fires in Gasoline Stations. Gasoline Stations shall meet all the security conditions required by the Fire Department of Puerto Rico. 27,4'11 -Accesses to Gasoline Stations. - Accesses from gasoline stations -145- to streets shall re quire the approval of the Department of Public Works or of'the Municipality concerned, as,the ca.se may be. 27.12 Protection against the Weather in Gasoline Stations. Permission shall be given for the erection of stru6turebc-z@, of fireproof mate rials over the islands that contain gasoline pumps for.the sole purpose of protecting them, the'person-in charge of providing servla-,,or the motorist, from the effects of the weather, provided that such a structure is designed to extend out and that it complies with the following specifications: (1)- When the lot is situated on the same block and fronts on the same side of the street as lots included in an ddjacent Residential District, the projection of this structure on the.front of the lot shall not exceed one (1) meter, within the width of the front yard,required for a residential district. (2) When there are no lots classified as.residential situated in the same block, fronti ng on the same side of the street as the lot under consideration, the said structure may extend out to, but not project beyond, the limits of the.property. 27-13 Extending Structures in Gasoline Stations.'- Cornices, eaves, roofs and other architectural features may extend out, within complying yards, up to a distance of not more than one (1) meter. 27.14 Changes in Use in Gasoline Stations. Changes in use in the -146- premises or a part-of the appurtenances occupied or used as a-gasolinestation shall conform with the provisions concerning the uses of gasoline stations established by th is Regulation for the specific district in which the station is situated. 27-15 Prerogatives of the Board. The Board may modify the pro- visions established in this Topic when any of the following .conditions occur: (1) When a study of the viability -that reflects an increment in the population density and in the vehicular traffic of a particular sector justifies the establishment of a gasoline station to serve that sector-, at a distanc@e from other gasoline stations less than the radial and linear distances that the case would require for compliance with the provisions of this Section. In these cases, the study that i.s carried out should take into consideration the impact that this may have on other existing or previously- authorized gasoline stations, in the consultation concerning location and land use, in the preliminary ..Coni#uru]bt-ib.-n prb,j.&ct.,qjtthe_ pt-allminary plans or the final plans submitt&ddfbr the consideration of the Board. (2) When a study of the viability'reflects that, due to the intensity of.the uses, the high population density, ;the intense vehicular traffic, and the high value of the land,'the exclusive location of gasoline pumps is just- ified only if operated jointly with another.principal -147- use, or on a lot the size of which is less than the minimum required for gasoline stations, or on a lot Situated at a lesser lineal and radial distance of separation from other gasoline stations than would be required by compliance with the provisions.of this Section. In these cases, the study that is carried out must takeninto consideration the impact that this may have on Other existing or previously-authorized gas- oline'stations, in the consultation concerning the location and the use of the land, in the preliminary construction project, the preliminary plans, or the final plans submitted for the cons ideration of the Board. (3) When the completion of an extensive residential development project authorized by the Board, with the increased' populAti-o-n density and vehicular traffic that t1his generates, justifies the location of a gasoline station in the public interest to serve the sector at a lesser radidl and linear distance than the case would require in compliance with the provisions of this Section. For these cases, no study of viability shall be required. -148- SECTION 28.00 GASOLINE STATIONS IN C-1, C-2, C-3, C-4 and C-6 DISTRICTS 28.01 General. - *In C-1, C-2, C-3, C-4 and C-6 Districts, per- mission shall be given, with the authorization of the Board, for the establishment of gasoline stations when they comply with the General Provisions.concerning Gasoline Stations stip- ulated in Section 27-00 of this Topic,aaAdtWh*gn they comply with the requirements established in this Section. 28.02 Uses in Gasoline Stations in C-1, C-2, C-3, C-4 and C-6 Districts. - As part of the operation of a gasoline station, the following uses shal:l be permitted exclusively in the principal.building: (1) -*Sale of fuel and lubricants. (2) - Sale and installation of tires, batteries and those accessories and motor vehicle parts,that are easily and rapidly installable. (3) Washing-and greasing, except -in C-4 Districts. (4) "'Minor repairs,-'suc*h as brakes, spark plugs,"points, condensors, lights,.horns and tires. (5) Services, for motorists and passengers, of lunches, refreshments, cigarettes, candy, milk or ice, these activities to be limited to a space in the principal building of not more than fifteen (15) square meters. 28-03 Height of Gasoline Stations in C-1, C-2, C143, C-4,and.c-6 Districts. - No building shall have more than one (1) floor As amended April @1, 1971; Effective Date of Amendments,.July 16, 1971. -149- nor exceed five (5) 'meters in height. 28-04 Size of Lot for Gasoline Stations in C-1, C-2, C-3, C-4 and C-6 Districts. - The lot area shall not be less than one thousand two hundred (1,200) square maters and its width not less than twenty (20) meters. 28-05 Area of Occupation for Gasoline Stations in C-1, C-2, C-3, C-4 and C-6 Districts. - The area of occupation shall not exceeed thirty-three percent (33%) of the lot area. 28.06 Yards.for Gasoline. Stations in C-1, C-2, C-3, C-4 and C-6 Districts. -The depth or width of any front, side or rear yard shall be not less than six (6)-meters. 28-07 Accessory Buildings and-Uses in Gasoline Stations in C-1, C-2, C-3, C-4 and C-6 Districts. Accessory buildings and uses to be permitted as a part of the operation of a gasoline station shall bomply with the following: (1) Accessory Uses. - one 41o,,eacce'ssbrzy,building shall be per- mitted, which may be used for the installation and storage of parts, accessories and other articles the sale of which is permitted by this Regulation in gasoline stations, for minor repairs such as brakes, spark plugs, points, conden- sors, lights, horns and -tires, which are permitted in the principal building, the polishing of vehicles, and the location of ice-making,-machines for retail sale. (2) Height. - No accessory building shall have more than one (1) floor nor exceed five (5) meters in height. (3) Area of Occupation. - No accessory building shall occupy anrare'a greater than ten (10) percent of the area of the lot. -150- (4) Location. The accessory building shall be.situated in that part of the lot in which location of the principal building is permitted.. 28.08 Alterations, Reconstructions, Enlargements or Additions d of Facilities to Appurtenance's in C-1, C-2, C-13, C-4 and C-6 Districts, Occupied or Used for Gasoline Stations, when there is a Legal Non-Conformity in the Appurtenance. Alterations, reconstructions, enlargements or additions of facilities to structures or buildings used or occupied by gasoline stations, when there exists a legal non-conformity in the appurtenance, provided that the following are complied with: (1) When the legal non-conformity and the continuity of the operation of the existing non-conforming uses is demon- strated. (2) When the washing, greasing and other existing facilities are located not less than.four meters twenty-five centimeters (4.25) from any lot line. (3) When the. washing, greasing and other proposed or existing facilities that do not comply with the preceding provisions are located no less than six (6) meters .from any lot line. (4) When the existing or proposed gasoline pumps are not less than four meters.twenty-five centimeters (4.25) from any lot line., (5) When the' projected enlargements are in harmony.with the other.provisions e. stablished in this Regulation to permit the operation of gasoline stations in these districts. -151- When the measures of security against fires are accepted by the Fire Department of Puerto Rico. -152- SECTION 29.00 - GASOLINE STATIONS IN I-1, IL-1 and 1-2 DISTRICTS 29.01 General. *In I-1, IL-1 and 1-2 Distibicts, permission shall be given, with the authorization of the Board, for the establishment of gasoline stations when these comply with the General Provisions concerning Gasoline Stati-ons stipulated in Section 27-00 of this Topic and with the requirements established in this Section. 29.02 Uses in Gasoline Stations in I-1, IL-1 and 1-2 Districts. In I-1, IL-1 and 1-2 Districts, the following uses shall be permitted in premises occupied or used by gasoline stations, in addition to the uses permitted by this Regulation for each district in particular: (1) Sale of fuel and lubricants. (2) Sale and installation of tires, batteries and those accessories and parts of motor vehicles that are easily and rapidly installable. (3) - Washing and greasing., (4) - Minor repairs, such as brakes, spark plugs, points, condensors, lights, horns, flushing radiators, tires or attention to any other mechanical emergency of a motor vehicle. 5) Services, to the motorists and passengers, of lunches, refreshments, cigarettes, candy,.milk or ice, such activities to be. limited..to a space in the principal building notlarger than fifteen (15) square meters. As amendeg,A@ril 21, 1971; effective date of amendment, July 1 971. -153- 29-03 Height of Gasoline Stations in I-1, IL-1 and 1-2 Districts. The height shall be determined on the basis of the gross floor space permitted and the size of the yards required for the specific district in which the station is located. 29.04 Size of Lot for Gasoline Stations in I-1, IL-1 and 1-2 Districts. The size of the lot shall.be not less than one thousand two hundred (1,200) square meters and its widthnot less.than twenty-five (25) meters. 29-05 -.Area of.Occupation, Gross Flo.or Space and Size of Yards for Gasoline Stations in I-1, IL-1 and 1-2 Districts. - The requirements for the area of.'occupation, the gross floor space and the size of yards shall bethose thatare established in thi's Regulation for the specific district in which the station is located. 29.06 Accessory Buildings and Uses in Gasoline Stations in I-1, IL-1 and 1-2 Districts. Accessory btzildings and uses shall con- form with the provisions of Section 38.00 of Topic 10 of this Regulation. 291@07?-Alterations, Reconstructions, Enlargements or Additions of Facilities in Appurtenances in I-1, IL-1 and 1-2 Districts, Occupied or Used for Gasoline Stations when a Legal Non- Conformity Exists in the Appurtenance. Alterations, reconstructions, enlargements or additions of facilities to.struc@ures or buildings occupied or used for gasoline stations may be carried out when bL legal non-conformity exists in the'appurtenance, provided that the following are. complied with: -154- When the legal non-conformity and the continuity n of the existing non-conformi .0 of operatio ng uses is demonstrated. (2) When the washing, greasing and other facilities are located in c.onformity with the requirements for yards ..for the district in which the station is situated. (3) When the existing or proposed gasoline pumps.are separated by not less than four meters,twenty-five centimeters (4.25) from any front lot line. (4) When the projectedenlargements are in harmony with theother provisions of this Regulation. (5) When the measures for security against fires are accepted by the Fire Department of Puerto Rico. -155- TOPIC 7 ADDITIONAL PROVISIONS CONCERNING HEIGHT SECTION 30.00 TOWERS, FENCES AND GATEWAYS 30.01 - Towers. - The highest extremities of church spires, belfries," television receiving antenna for domestic use and towers designed for purely ornamental purposes, chimneys, elevated tanks, stair well's and elevator wells, shall not be con- sidered for purpose's of the application of the provisions concerning height in this Regulation, provided that the sum total of their respective areas, taken in horizontal section, at average height, does -not occupy more than twenty Percent (20%) of the total-roof area. 30.02 Fences. - (1) Residential Districts. - Fences constructed in rear quired front yards shall have a height of no more than one (1) meter. Notwithstanding the preceding provision, fences con- structed in required front yards that border on a vehicular access of a public character may have an additional section of one (1) meter in height that consists of grillwork or lattice of ornamental blocks the solid part of which does not exceed more than twenty- five percent (25%) of such additional permitted height. Fences to be constructed in side or rear yards may have a height of not more than two (2) meters. (2) Commercial and Industrial Districts. On lots in -156- Commercial ar,,'Industrial Districts that border on lots in Residential Districts, the-fences to be constructed on the lot lines that are in commonwith the lot lines of the residential lots, and those fences that areconstructed in the required front yards for the district, must meet the requirements in this Spab66ctlon.for fences in Residential Districts. 30-03 Gateways Gateways of an.ornamental character and as an architectural detail.shall be permitted up to a height of. three (3) meters, and theres-shall be not more than one (1) gateway in each yard or between the bui'],ding and the side lot line. The gateway between the building and the side lot line,- when its height is greater than one (1) meter over the lot level, must be provided with an entrance o r opening not less than one (1) meter in width nor less than two (2) meters in -n for the installa- height.'_ in which permission shall be give tion of a gate of iron grillwork or of metallic lattice whose d solid part does not exceed twenty-five percent (25A)' of its total area. -157- TOPIC 8 PARKIN-611MREAS SECTION 31-00 GENERAL PROVISIONS, DESIGN A.ND PROVISION OF SPACE FOR THE PARKING OF VEHICLES 31.01 General Provisions..- (1) Required parking areas shall be provided within the premises., whether in the principal building, in a .n accessory building o r in a remaining area of the lot on which theprincipal is situated or is going to be situated. A required yard may be used for this purpose, provided that this -db,-s- obstruct the transit or movement of vehicles in the accesses or in the turning areas of such parking areas. (2) In Residential Districts in M or P Districts, permission shall be given for the establishment of parking areas for vehicles of a capacity classified as not more than one and ane,.am@hdlf (1 1/2) tons, as a business on open lots or land pa rcels, contiguous to a-C-1 District, and on open lots or land parcels when any part of the lot or parcel is not more than one hundred (100) meters from a.C-2, C-3, I-1, IL-, 1-2 or IL-2 District, provided that the provisions concerning the design of parking areas in Subsection 31.02 of.this Topic are complied with. (3) In cases in which a permit for private use has been issued and a parking area has been provided for this, it.is necessary to obtain a new use permit for any -158- pr-o'pased new use, even though it is a usethat is permitted in the district. The new 'Use permit shall not be issued until the additional parking area has been provided, if this is required for the new use. In cases of enlargements of buildings, the new re- quired parking area shall'be calculated taking into consideration the existing uses and the proposed uses for the enlargement of the building. (5) In the cases of permitted uses, combined with any principal use, such as space for storage, ofSices, cafeterias, exhibition installations, sales operations and..others, a separate calculation shall be made of- the parking space required fo r such purposes and it shallbe added.,t6 the@space required for the principal use. In case there has been provided, in conformity with the provisions of the Subdivision Regulation (Planning Regulation No. 3), a general parking area for the dis;@. trict where the@ lot is'situated,,there.shall be credited to each appurtenance only the number of parking spaces that'correspohds to-a proportion between the area of- the lot where the construction is situated and the total net area of the lat,6 serviPed by such parking area,'. providing to the proponent with-in the appurtenance any deficiency that may result. In cases.in which, with the lot utilized in accordance with the provisions of occupation for zoning district in which'the appurtenance is situated, it is not possible to provide the parking area on the lands of the lot and it is decided to provide the required parking space in a basement or on one or more floors of the building, or parts of such floors, the space occupied or used on these floors for required parking space shall not count for the purposes of the limi- tations on gross floor space permitted in the specific district. Basements or &,ound floors that are used to provide pek.Uirgdsparking space under the, preceding provisions, shall not-count for the purposes of permitted height of buildingspAn.,dth6edibtrict in which the appurtenance is situated. (8) There are exempted from the appT ication of the provisions of this Section those cases considered'under the pro- visions of Planning Regulation No. 5 (Regulation for Ancient and Kistoric Zones) 31.02 Design. (1) Vehicle parking areas shall be, designed in a functional form, that is, that.any vehicle may be able to move without being obstructed by other parked vehicles 'are as nor being obliged to babkyifitbotraff kbG LTheser shall be paved, marked, provided with accesses, and shall have adequate room for circulation of pedestrians and vehicles and shall have a planted area. The use of public streets and accesses to parking areas -16o- as turning areas shall not be permitted. (2) Space for the parking,of one (1) vehicle shall be considered to be an area of two and one-half (2-5) meters by five and one-half (5.5) meters in Resi- dential or Commercial Districts; or an-area of two and three-quarters (2.75) meters by seven (7) meters* in Industrial Districts, e xcluding in both cases the necessary space.for accesses or turning areas pertaining to suchiiiparking areas-. (3) Access,ramps for parking areas shall have a maximum slope of twelve percent (12%). 31-03 Provision of Space for Parking of Vehicles. - The minimum spaces to be provided.for the parking of vehicles shall be determined as indicated in the following: (1) Forcco,riamerd6nfor retail sales or services, one(l) space for one (1) vehicle for each twenty-five (25) square, meters or part Of 'that amount, of net floor space dedicated to such purposes. (2) For offices, one (1) space for one (1) vehicle for each forty (40) square meters or part of that amount -of net floor space. (3) For industrial or storage operations, one (1) space' for one (1).vehicle for each one hundred (100) square meters or part of that amount of net floor space dedicated to such purposes. (4) Churches, high rhools, commercial and vocational schools, colleges or universities, at least one -161- space. for one (1) vehicle for each twenty- fjive five (25) seats or part of that number provided in such buildings or structures. (5) For auditoriums, convention halls, theaters, motion picture houses, studios, stadiums, hippodromes, dog tracks, velodromes, skating .rinks, cockpits, commercial parks or any other similar place of public meeting, at least one (1)' space for one (1) vehicle.for each ten (10) seats or their equivalent, or.part of that amount @,that is provided for such purposes. Drive-in motion picture theaters, one (1) space for one 1 vehicle, for waiting, for each twenty (20) spaces for vehicles provided for spectators, and, in addition, a private access with a capacity for one (1) vehicle at a time at the ticket booth for each twenty (20) spaces of capacity of the drive-i-ntheater. For hospitals, sanatoriums or public welfare instuitutions, at least one (1) space for.one (1) V vehicle for each two (2) beds in private or semi- private rooms, and one (1) space for each six (6) beds in rooms with more than two (2) beds. For hotels,a-iidut,6t-ii@ibt'@lh6tels, at least one space for one (1) vehicle for each,five (5) rooms@or 'suite.s' of part of such. For other commercial uses such as restaurants, retail -162- stores and other uses accessory to.the hote ls', additional parking space shall be required in conformity with this Regulati.on. (9) For public and private clubsand dance halls, at least one (1) space for one (1) vehicle for each five (5) aqthare meters or,part of that amount of nett,@@,floor space dedicated to meeting space for persons. (10) For restaurants, cafeterias, bars, soda fountains, not less than one (1) space for one (1) vehicle for each eight (8) square meters of part of that amount of net floor space dedicated to public services. In case services are provided to vehicles _-(d.e. "drive-ins") in combination with table or bar service, the parking area to serve vehicles shall `bbe separate and shall be in addition to the space dedicated to regular park- area. (11) For market places, one (1) space for one (1) vehicle for each twenty-five (25) square meters or part of that amount of net floor space dedicated to those purposes. (12) For housing in Commercial Districts, one (1) space for one (1) vehicle for each housing unit of the first three (3) housing units, plus one (1) space for each three (3) housing units in excess of three (3). _163- (13) For Guest Houses, one (1) space for one (1) Vvehicle for the house of the owner or admini- strator, plus one (1) spaa*ce in addition for Al mp Y e -or part of that each five'(5) 's*' I fribedrooms humberfor guests. (14) Railway stations, airports, launch terminals, bus stations, shall require parking areas as determined by the Board. (15) Trading centers shall have at least.one.(l) space for one (1) vehicle for each fifteen (15) square meters of net floor space or part of that amount.dedicated to retail sales and the provision of services. The requirements for parking space to be provided for any use not indicated in the preceding shall be determined by the Board. Exemption shall be made fromtthe require- ment of parking space fornon-residential uses, in C-1, C-2, C-3 and I-1 Districts, when it is calculated that the number of required spaces would be less than five (5) in C-1 Districts lesitGthat ten (10) in C-2, C-3 and I-1 Districts. -164- TOPIC 9 MARQUEES IN RESIDENTIAL DISTRICTS@ SECTION.32.00 - GENERAI,-PROVISIO.NS CONCERNING MARQUEES IN RESIDENTIAL DISTRICTS ',3@-01 Minimum Width of Space for the Parking of Vehicles. The minimum width of space for the parking of a vehicle under a marquee shall be not less than eight feet three inches (8'-3")- 32.02 Minimum Length of Space:bt the Parking of a Vehicle. - The minimum length of space for the parking of a vehicle shall be not less than twenty (20) feet, dxcluding the eaves when these project into a required front or.rear yard. 32-03 Closing of the Front Side of a Marquee. Permission shall be given.for,the installation of only grilled doors or metal latticework on the front side of a marquee. 32.04 Clo,sing of the Side of a Marquee. - The side of a marquee, on the side opposite the principal building, may be closed The, installation of windows in this part shall not be per- mitted if the:be is a separation of les s than five (5) feet from. the side lot line.of the 32-05 Closing of the Rear side of a Marquee. The rear side of a marquee may be closed with doors of grillwork or metal lattice-work, with a curtain of ornamental bricks, or with a.large window, or with a planter, of with a concrete wall. When a curtain or ornamental bricks is used, or a planter, or a concrete wall, an opening shall be provided.with di-!:r:- 115 - m,nsions of not less than-forty (40) inches of width by e,ighty (80) inches oflheight, which will permit free access to rear part of.the lot, and this opening may be provided with a grillwork or wire gate or a door. The planters, and the concrete walls that are permitted, shall h6t exceed five (5) feet in height, with an upper part extband.ing up as high asthe under side of the beams of the marquee or up to the tile of the ce iling, consisting of an open space*or a metal grillwork or a lattice-work of. ornamental bricks, or a large window. In no case shall the installation of a window.in this part of the marquee be permitted with a separation of less than twenty (20')@inches from the side lot line. 32.06 -Use of'the Roof of the Marquee as an Open Terrace.'-A,- In the case of a second floor oc'cupied or used for residential purposes, the partial use of the roof of thelmarquee shall be permitted for the. residents of the housing, as an open terrace, provided that a concrete block wall forty-four (44) inches'high is constructed the length,of the tile of the'roof of the marquee, and provided that there is a separa- tion of not less than five (5) feet from the lot line. -166- SECTION 33-00 MARQUEES WITHIN ONE OF THE,REQUIRED SIDE YARDS IN A RESIDENTIAL DISTRICT 33-01 General. - In.Residential Districts, a marquee shall be permitted for the parking of automobiles, including @abeve them7 a terrace, a laundry, a bedroom, a bath, a kitchen, or a dining room as an integral part,of the marquee, joined to-tho principal building.in one of the r6cj,uired side yards, when this co mplies with the General Provisions concerning Marquees established in Section 32.00, of Topic 9 of this Regulation and with the requirements established in this Section. 33.02 Height for Marquees within Qne of the Required Side Yards in Residential Districts. No marquee shall extend totally or partially within the required side yard for more than one floor nor exceed thirteen (13) feet in height. 33-03 Maximum Width of Marquees within One.of the Required Side Yards in a Residential District. The maximum width of any marquee which projects within a required side yard shall be not more than thirteen (13) feet. 33.04 Length of Marquees within One of the Required Side Yards in a Residential District. - The length of the tile of the roof of the marqueee may be equal to.-: but r _@ot,,lgreatbr,-,th"@_,n the total length of the building including the eaves. The marquee shall not be permitted to extend into the.i@equired front or rear yards. 33-05 Separation betwoanthe Space for-the Parking of the Vehicle and Other Uses-Permitted in the Marquees within one of -167- the Required Side Yards in a Residential District.,- When a separation is erected, through choice or necessity, between the area of the terrace, laundry, bedroom, bath-, kitchen or dining room, permitted as an integral part of the marquee, and the area fdr parking the vehicle, the dividing wall to be.co'nstructed must comply with the requirements concerning the closing off of the marquee with a rear wall established in Subsection 32-05 of this Topic, provided that the ventilation of the existing parts of the building is -not affected. In these cases, the wall. opposite the principal wall of the building whall be completely closed when it encloses a bedroom, a bath, a kitchen or a dining room. Bedrooms and kitchens shall'have &,-men- sions not less than those required by existing regulations. 33.o6 "Closet" Facilities on the Opposite Side of a Marquee from the Principal Building, within One of the Required Side Yards in a Residential District. "Closet" facilities @sha'll be-,permitted in the side.of the marquee.opposite the prin- cipal building..-- The maximum width permitted.for these 11closets" shall not exceed forty (46)'inches),- and they c may -not proje t vnjtonth&hmi-nimum width of space required for the parking of the vehicle. -168- SECTION 34-oO MARQUEES WITHIN THE OTHER REQUIRED SIDE YARD IN A RESIDENTIAL-DISTRICTI 34.01 General. In cases in which-the location of the pri .ncipal building-make.s possible the construction of arymadditfional marquee for the parking'of a vehicle, connected to the principal building within the other required side yard ina Residential District, such a marquee*shall be per- mitted provided that it complies with the General Provisions concerning Marquees established in Section 32.00 of Topic 9 of this Regulation and with the requirements established in this Section. 3-4.og Height of Marquees within the Other Required Side Yard in No marquee that projects totally a Residential District. or partially within a required side yard shall be more than one @(l))ofloor nor more than thirteen (13) feet in height. 34.03 Maximum Width for Marquees within the Other Required Side Yard in a Residential District. - The m aximum width of any marquee that projects within a required side yard.shall be not greater than thirteen (13) feet. 34.o4 Length for Marquees within the Other Required Side Yard in a.Residential District. - The length of the tile roof shall not exceedthirty (30) feet including the eaves. Marquees shall not be.permitted to extend into the fequ'ired front or rear yards. -169- SECTION 35-00 MARQUEES WITHIN THE REQUIRED REAR YARD IN A, CORNER'LOT IN A RESIDENTIAL DISTRICT 35-01 General. In a corner lot in a Residential District, the construction of a marquee shall be permitted for the parking of one vehicle, joined to the principal build- ing and within the required rear yard when that complies with the General Provisions concerning Marquees.established in Section 32.00 of Topic 9 of this Regulation and with the requirements established in this Section-. 35.02 Height bf, 'L:w1AJii;nthe Required Rear Yard in a Corner Lot in a Residential District. - No marquee that projects is totally or partially'within a required rear yard of a corner lot shall be more than one floor nor more,.than thirteen (13) feet high. 35-03 Maximum.Width for Marquees within the Required Rear Yard of a Corner Lot in a Residential District. - The maximum width of any marque.e that projected within the required rear yard of a corner lot.shall not exceed exceed thirteen (13) feet. 35.04 Length for Marquees within the Required Rear Yard of a C*orne.r Lot in a Reside-n-tial District. - The*length of the tile of the roof shall-be not greater than the total width of thebuilding including the.eaves, nor more than thirty (30) feet, whichever is 3,,@he least. -170- TOPIC 10 '0 ACCESSORY'BUTTMIM AND USES SECTION 36.oo ACCESSORY BUILDINGS AND USES IN RESIDENTIAL DISTRICTS 36.:01 General. In Residential Districts, space may be provided. for uses accessory@:to any principal purposespermitted in the district in which the appurtenance is situated, when the provisions of this Section are complied@with. 36.02 Separate Housing Units in Acce,ssor.y.Bu-ildings in R-O,. R-2., R_3,'-R-4, -R-5.and R-.6 Districts. -In R-O, R';P;;2, R-3, R-4, R-5 and R-6-Districts, permission shall be given for the use of any floor of an accessory building as a separate housing unit, provided that the number of housing units in this is not more than two (2) and that the population density in the appurtenance is in conformity with that established for the spec',ifl& zoning district in which this is situated. 36-03 Home Business Occupations and Professional Offices or Studios of a Resident as Accessory Uses in Residential Districts. In Residential Districts, home business occupations.and .professional.offices or studios, as.uses accessory to the principal purpose of the housing, shall comply with the following: (1) The area or space to be occupied or used for these purposes shallnot exceed twenty-five @ercent (25 %) of the gross floor space occupied or-used for the 0; principal purpose of thepermitted housing unit. -171- When an accessory building is used for these pur- poses, the size of the area or space to be occupied or used for.this shall be the@smaller of either the size indicated in the preceding sentence or the maximum percentage of area of occupation permitted in the accessory building. (2) No person shall be employed who is not a member of the family that lives in the housing unit, except in the practice of a profession, in which the employment of.one private person who does not live in the appur- tenance shall be permitted. (3) - No space or place for the sale of drinks or foods shall be provided or maintained. (4) - No article shall be offered for sale nor any service offered to the public except those that can be pro- duced with the use of mechanical equipment of current use in the home-by the immediate members of the family that 1ives in the.h.ousing,.,or tho'se.that can be offered by the professional person who lives there. There shall be no referenc'e'to the fact that the building or a'part of it is being used for these functions or being used*.entirely or in part for any purpose other than that of housingi except for the signs permitted for these purposes by this Regulation. Commercial characteristics shall not be given to a structure or an appurtenance where home occupations are being carried out, or where there is the profes.-;Icj,. -172- sional office or studio of a resident, under the pro- visions.of this Section. 36.o4 Barber Shops or Beauty Salons as Accessory Uses in Residential Districts. - In Residential Districtsi-1, barber shops or beauty salons, as uses accessory to the principal purpose of per- mitted housing, shall comply with the.following: (1) - The area or space to be occupied or used for these purposes shall not exceed twenty-five percent (25%) -X-Iheogrthe@ gross floor space occupied or used for the principal purpose of the permitted housing. When an accessory building is used for these purposes$ the size of the space or area to be occupied or used in this way shall be the smaller.of either that specified in the*preceding sentence or the maximum percentage of area of occupation permitted in the accessory building. (2) Not more than one (1) barber chair*or beauty-shop chair shall be used for these purposes, and the operator must live in the appurtenance. (3) No article shall be offered for sale nor any service offere d to the public except those that are produced by the operator who lives in- the- building. (4) Commercial*c,har'acteristi.cs."shall.not be given to .the structure-s orappurtenances-where a barber shop lie or beauty shop is operated under the provisions of this Section. -173- (5) The signs to be permitted shall conform'with the provisions of Section 48.00 of Topic 15 of this Regulation. 36-05 Heightfor Accessory Buildings in Residential Districts. In Residential Districts, no accessory building shall have more than two (2) floors.nor exceed seven (7) meters in height, except for buildings for agricultural uses per- mitted in R-0 and R-1 Districts, the heights of which shall be determined on the basis of the gross floor space permitted for them. 36.06 Area of Occupation for Accessory Buildings in Residential Districts. - The area of occupation for accessory buildingpi.- shall not exceed two percent (2%) of the lot area in R-0 Districts, and fifteen.percent (15%) of the lot area in the other residential districts. 36-07 Gross.Floor Space for Accessory Buildings in Residential Districts. (1) in R-0 Districts, the gross floor space of accessory buildings shall not exceed four percent (4%o) of the lot area. In no case'shall the gross'floor space of any floor above the ground floor exceed the max- imum. percentage'o-f the area of occupation permitted for the said ground floo*r.'' (2) -In R -1, R-2, R-3, R-4, R-5 and R-46 Districts, the gross floor space of the ground floor of the accessory buildings shall not exceed fifteen percent (15%) of the lot area, and the gross floor space of any floor above -174- the ground floor shall not exceed seven percent of the lot area. When, in R-2, R-3, R-4, R-5 and R-6 Districts, it is proposed to oc cupy or use a second floor over. the accessory building for exclusive purposes of sepa- .rate housing, the gross floor space of this second, floor may be increased up to a maximum of fifteen percent (15%) of the 1 6.t area, provided.that there are not more than three (3) bedrooms and that the size of each one.of these is not larger than twelve (12.) feet by twelve (12) feet, and that the additional dependencies shall include only a kitchen,'sanitary service and a balcony for each permissible housing unit. 36.08 Location of Accessory Buildings-,and@. Uses in.Residential Dis- tricts. Spaces for accessory uses may"be provided as a part 6f-the'principal building, and.%these as well as accessory buildings may be situated, except when indicated to the con- trary by this Regulation, in any part of the lot where it is permitted to locate the principal building, or in r6q,uired. sideear rear,,ayards in R-1, R-2, R-3, R-4, R-5 and R-6 Dis- tricts in -accordance.with the following: (1) Accessory buildings in interior lots, situated in R.71, R-2 R-3, R-4, R-5 and R-6 Districts, may be placed in. rkjuired side.or rear yards, provided that they are constructed at a distance from the street line of not less than sixty percent (60%0@ of the depth of the lot. When the depth of the lot is greater -175- than that required in the i6ninkc@district in which it is situated, a setback -shall be permitted equal to the required percentage, multiplied by the minimum ul!Fo9t. -depth of lot fequired for the zoning district under consideration. Accessory buildings t hat are con- structed up to the lot line shall be separated from the principal building by a-distance-of not less than one.and one@half (1.5) meters. In cases in which it is...projected to locath -an accessory building at least one and one-half (1-5) meters away from the principal building, the requirements for yards,for the zoning district in which the appurtenance is situated must be observed. (2) Accessory buildings on corner lots or- on lots that front on two or more streets, or other similar cases situated in R-1, R-2, R-3, -@-4, R-5 and,R-6 Districts, may be' placed in required side or rear yards, provided they. are constructed at a distance from the street lines of not less-than sixty percent (60%) of the depth of the lot norless than forty percent (40%) of the distance between the street line and the directly opposite ex- tremity of the lot when that point does not constitute the depth of the lot. When the depth of the lot is greater than that required in the zoning district in which it is situated, a setback shall be permitted equal @to the percentage required multiplied by the minimum depth of lot for the zoning district under consideratlDn. -176- Accessory buildings that are constructed up to @the*lot line shall be separated from the principal building by a distance of not less than one and one- .half (1.5) meters. In cases in which it is projected to place an acces sory building less than one and one- half (1.5) meters away from the principal building, the yard requirements for the zoning district in which the appurteance is situated must be observed. -177- SECTION 37-00 ACCESSORY BUILDINGS AND USES IN C-1,-C-2 and C-3 DISTRICTS 37-01 General. In C-1,-.C-2 and C-3 Districts., spaces may be provided.for uses' accessory to'any principal purpose permitted in the district in which the appurtenance is situated, when the provisions established in this Section are complied with. No accessory building in these districts may be used as a separate houg@tng unit. 37.,02 -,Storage.as an Accessory U se in C-1, C-2 and C-3 Districts. In C-1, C-2 and C-3 Districts, permiss ion shall be given for the provision of space for storage as a-use accessory to any principal purpose permitted, provided-that the size of the area or space to be occupied or used for this pur- pose does not exceed fifty percent (50%) of the gross floor space occupied or used for such principal purpose. When an accessory building is used for storage, the size of the area or space to be occupied or used for this purpose shall be the smaller of either the size indicated in the preceding sentence or the maximum percentage of the area.of occupation permitted for said accessory building. 37-03 Height of Accessory Buildings in C-1, C-2 and C-3 Districts. In Ct@l, C-2 and C-3 Districts, ho accessory building shall be more than seven (7) meters in height. 37.04 Area of Occupation for Accessory Buildings'in C-1, C-2 and C-3 Districts. In C-1, C-2 and C-3 Districts, the area 0 C Z@ _178- of occupation of accessory buildings shall not exceed fifteen percent (15%) of the lot area. 37-05 Gross Floor Space for Accessory Buildings in C-1, C-2 and C-3 Districts. - in C-1, C-2 and C-3 Districts, the gross floor space of the.ground floor of accessory buildings,shall not exceed fifteen 'Percent (15%) of the lot area and the gross floor space of any floor over the ground floor shall not exceed seven percent (7%) of the lot are@a. 37.06 Location of Accessory Buildings and Uses in C-1, C-2 and C-3 Districts. - Spaces may be provided for accessory uses as a part of the principal building, and these as well as the acces,sory buildings may be. situated, except when in- dicated to the contrary by this Regulation,...in any section of the. lot in which the location of the principal building is permitted, or in the required side or rear yards in accordance with the following: (1) Accessory buildings in interior lots situated in C-1,.C-2 and C-@-Districts, may be placed in required ,.side or rear yards, provided they are constructed.at a distance from the street line of not less than sixty percent (60%) of the depth of the lot. When the depth wll, tof the lot is greater than that required in the zoning district in which it is situated, a setback shall.be permitted equal to the required percentage multiplied by the minimurhTdepth of lot for the zoning district under consideration. Accessory buildings.that are constructed up to the lot line shall be separatedf 7179- from the principal b-bilding by a distance of no less than one and one-half (1.5) meters. In cases in which it is projected to place an acces@sory build- ing less than one and-one-half.(1.5) meters-away from the principal building, the requirements for yards. in the toning district in which the appurtenance is situated must be ob@served. (2) Accessory buildings on @borner lots or on lots that front on two or more streets, or other similar cases situated in C-1, C-2 and C-3 Districts, may be placed in required side and rear yards,.p:rovided they are constructed at a distance from the street lines of 'not less than sixty percent (60%) of tha depth of the .lot nor less than forty percent (40%) of the distance between-the street line and the-dir6ctly opposite side of.the.lot when that distance does not constitute the depth of the lot. When the depth of the lot is greater. than that required for the zoning district in which it-"G is situated, a setback shall be Ipermitted equal to.the required percentage multiplied by the minimum lot depth for the zoning district under consideration. Accessory buildings that are constructed up to the lot line shall be separated from the principal building by a distance of not less than one and one-half (1-5) meters. In cases in which it is projected to place an accessory -180- building less than one and one-half (1-5) meters'away from-the principal building, the requirements for yards for the zoning district in.which the appurtenance is situated must be observed. -181- SECTION 38.00 ACCESSORY BUILDINGS AND USES IN I-1, IL-1 and 1-2 DISTRICTS 38.01 General. - In I-1, IL-1 and 1-2 Districts, spaces may be provided for uses accessory to any principal purpose permitted in the district in which the appurtenance-Eds situated, when the Provisions of this Section are complied with. 38.02 Storage as anvuA-6'-6.d',�soryoTJpe in. I-1, IL-1 and 1-2 Districts. In I-1, IL-1 and 1-2 Districts, permission shall be given to provide space for storage as a use accessory to any principal purpose permitted, provided that the size of the area or spade to be occ .upied or used for this purpose shall not exceed fifty percent (50%) of the gross floor space occupied or used by such principal purpose. 38-03 Housing Facilities as an Accessory Use in I-1, IL-1 and 1-2 Districts. - In I-1, IL-1 and 1-2 Districts, per- mission shall be given for the provision of housing facil- ities for a night watchman or guard empl@pyed in the appur- tenance,'wheh the industrial uses. permitted-in the district are being carried on in the premises.. 38.04 Height of Ac'cessory@Buildings in I-1, IL-1 and 1-2 Districts-@@. In I-1, IL-1 and 1-2 Districts, no accessory building shall exceed in height the maximum height permitted in the district for the principal building. 38.05 Area of Occupation and Gross Floor Space for Accessory Buildings in.I-1, IL-1 and 1-2 Districts. The area of occupation and the gross floor space of the'accessory buildings combined with those of the prin6,lpal building shall not exceed the maximum percentage established foi@ the area of occupation and.gross floor space for the specific district in which the appurtenance is situated. 38.06 Location of Accessory Buildings and Uses in I_'l, IL-1 and 1-2 Districts. Spaces may be provided for accessory uses as a part of the principal building, and these as well as access.ory buildings may be situated in any section of lot in which the location of the principal building is permitted, or in required side or rear yards in I-1 Districts in accordance with the following: Accessory buildings situated on interior lots in. -Io"-=.I@-C,-Di.s'tr,icts-..M8:y@be placed in required,side or rear yards., provided they are constructed at a distance from the street line of not less than sixty percent (60%) of the depth of the lot. When the depth of the lot is greater than that required in the zoning district in which-it is situated,,,,. a setback shall be permitted of the required percentage,multiplied by the minimum depth of lot for the zoning district under consideration. Accessory buil4ingsthat are constructed up to the lot, line shall be-separated from the prin cipal building by a distance of'not less' than a meter and a half (1.5). In cases in w*hich it is pr6jected to place an accessory building lesz than one and one-half (1-5) meters away from the principal building, the requ'irements for yards _183- for the zoning district in which the appurtenance is situated must be observed... (2) Accessory buildings on corner lots or on lots that front on two or more streets, or other similar cases, situated in I-1 Districts may be placed in required side or rear yards provided they are constructed at a distance from the street lines of not less than sixty percent (60%) of the depth of the lot nor lessu than forty percent (4o%) of the distance between the street line and the directly opposite side of the lot when that distance is not the depth of the lot. When the depth of the lot is greater than that required in the zo .-ning district in which it.-is situated, a setback shall be permitted which is equal to -the required ..percentage,multiplied by the minimum depth of lot for the zoning district under consideration. AccessoryI buildings that are constructed up to the lot line shall be separated from the.principal building by a distance of not less than one-and one-half (1-5) meters. In cases in which it is projected to place an accessory building less than one and one-half (1.5) meters dway from the principal building, the require- ments for yards for the zoning district in which the appurtenance is situated must be observed. -184- TOPIC 11 LOTS WITH AREA, WIDTH OR DEPTH LESS THAN THAT REQUIRED SECTION 39.00 AREA OF OCCUPATION AND SIZE OF SIDE AND REAR YARDS TO BE PERMITTED ON LOTS WITH AREA, WIDTH OR DEPTH LESS THAN THAT PERMITTED IN RESIDENTIAL DISTRICTS. 39.Ol Area of Occupation for Lots with an Area less than that Required. On lots with areas less than that required for the residential-district in which they are situated, permission shall be given for the maximum percentages of area of occupation as expressed in the following, for buildings of up to two (2) floors. Minimum Size of Lot Maximum Area of Occupation (Square Meters) Permissible (Percentage of the Lot) 8,000 10.0 6,000 10.0 4,000 15.0 2,000 30.0 1,000 35.0 900 35.0 850 36.7 800 38.3 750 40.0 700 41.7 650 43.3 6oo 45.0 550 46.6 500 48.3 450 to 200 50.0 On lots with an area of less than two hundred (200) -185- square meters, permission shall be given for an area of occupation greater than fifty percent (50%) of the lot area,-in accordance with the following: (a) For buildings with a' wall permitted on one of the side lot lines, an increase of five percent (5%). (b) For buildings with two (2) walls permitted on the side lots lines, an increase of ten percent (10%). 39.02 Side Yards on Lots with a Width Less than that Required. On lots with a width less than that required fpr the residential district in which they are situated, per- mission shall be given for sizes of side yards,-for buildings of up to two (2) floors, in accordance with the following: YrIn-Imum-Width Side Yards of Lot (Meters) Number of Minimum Width Total in Meters Yards in Meters of Not Less Than 25 2 4.oo 8.00 24 2 3.8o 7.70 23 .2 3.6o 7.4o 22 2 3.40. 7.00 21 2 3.2P 6.70 20 2 3.00 6" 4o 19 2 2,`75 6.00 18 2 2.50 @-70 16 2 2.25 @,@'4o 15 2 2.00 5.00 14 2 2.00 5-00 13 2 2.00 5.00 12 2 2.00 4.50 11 2 2.00 4.oo 10 2 2.00 3-00 Less than 10 1:50 Less an 58 Less 19an -186- In cases in which side yards'are not required, ,permission shall be given for the building to cover the ground right up to the side lot.lines provided that the wall that is constructed, on any side lot line, is.' built of opaque, non-combustible material. 39-03 Rear Yards on Lots with a Depth Less than that Required.-, On lots with.a depth less than that required for the residential district in which they are situated, permis- sion shall be given for sizes of rear yards,for buildings of up to two-(2) floors, in accordance with the following: Minimum Depth. of Lot... Rear Yard in Meters in Meters 30 5-00 28 4.6o 26 3.8o 25 3-00 24 3-00 22 3.00 19 2.80 18 2.6o 17 2.4o 16 2.20 15 2.00 14 1.80 13 1.6o 12 1-50 Less than 12 0 -187- in cases In which a rear yard is not required, per- mission shall be given for the building-to cover the lot up to the rear lot line, provided that the wall that is constructed is built of opaque,mnon-combustible material. _188- TOPIC 12. ALTERATIONS AND ENLARGEMENTS OF STRUCTURES WITH LEGAL NON-CONFORMING USES SECTION 40.00 ALTERATIONS AND ENLARGEMENTS OF STRUCTURES WITH LEGAL NON-CONFORMING USES IN.RESIDENTIAL DISTRICTS- 40.01 Alterations and Enlargements in Legal Non-Conforming Uses in Residentia 1 Districts. - In Residential Districts, permission shall be given for the alteration, reconstruct- ion or horizon@@al enlargement in concrete or any other permanent material of the legal non-conforming section used in a building provided that the following are complied with: (1) That.a public hea ring is carried out to consider this type of project. .(2) That the legal non-conforming use established in the appurtenance pertdins to retail sale of articles of consumption and current use in the home and that it is determined that this is necessary for service to the immediate neighborhood. When the exterior walls of the section to be altered or reconstructed are of concrete orof any other per- manent material, yards no smaller than the existing 0,101 ones shall be permitted. (4) Horizontal enlargements to be constructed can be used. only for greater facility of the existing uses, their -189- size shall not exceed.fifty percent (50%) of the gross floor space of the existing premises,. and they shall comply with the other requirements established by this Regulation for the specific district in which the appurtenance is situated. (5) The grouping of lots shall not be considered for the construction of enlargements of a legal non- conforming-use. -190- TOPIC 13 PROJECTS FOR EXTENSIVE RESIDENTIAL DEVELOPMENTS AND DIFFERENT TYPES OF BUILDINGS SECTION 41.oo PROJECTS FOR EXTENSIVE RESIDENTIALDEVELOPMENTS 41.ol General Provisions for Extensive Residential Development Projects. In R-1,,R-2, R-3,RR-4 and C-l'Districts, 'extensive residential projects may be submitted to the Board, including urbanization projects for the fofmation of lots,and for the formation of lots and the construction of housing units, projects for urban rehabilitation and renovation,,projectsfor public urbanization of social interest, or projects for'one or more buildings 6n the same lot, and the Board may authorize such projects in harmony with the recommendations of the Regulating Plan, insofar as this has been adopted or studied. In these P cases, the Board.shall carry out public hearin'gs,ifn-the bfoJ;b.ct involve� changes in the established requirements for the specific district or changes in the use of lands. Extensiveresidential projects shall include resi- dential developments for: Twenty (20) or more families or lots in towns.or areas.with an urban population@,, according to the census, of 1ess,thanttenathdusand (10,000) persons. Forty'(40) or more.families or lots in towns and area with an urban population, according to, the census, of between ten thousand (10,000) and forty t1-iousand (40,000)' persons. -191- Sixty (60) or more families or lots in towns or areas with an urban population, according to the census, of more than fortyi thausand (40,000) persons. 41.02 Types of Buildings to be Permitted in Extensive Residential Development Projects. In extensive-residential development projects, permission shall be given for one-family or two- family houses, for row houses or for apartment houses,. when they comply with the provisions e stablished further .on in Sections 42.00, 43.00 and 44.00 of'this Topic. -192- SECTION 42.00 ONE-FAMILY OR TWO-FAMILY HOUSES IN EXTENSIVE RESIDENTIAL DEVELOPMENT PROJECTS 42.01 General. -'In projects for extensive residential development, permission 'shall be given for the construction of buildings to be occupied or used as one-family or two-family houses when the provisions of this Section Are complied with. 42-02 Height of One-Family or Two-Family Houses. - No building shall have more than two (2) floors @nor-exceed nine (9) meters in height. A greater.height shall be permitted provided that the gross floor space and the width of any yard complies with the provisions of this Section. 42-03 Size of Lots'for One-Family'or Two-Family Houses. - The size of lots shall be determined on the basis of the provisions concerning size of lots established for the zoning district in' this Regulati-on.which corresponds to .,the size of lot proposed and that is approved in the residential development., 42.o4 Area of Occupation for One-Family or Two-Family Houses.. .,The area of occupation shall not exceed fifty percent (50%) of the.lot area. 42-05 Gross Floor Space for One Family or Two-Family Houses. The gross floor space shall not exceed one hundred per- cent (100%) of the lot area. 'In -no case shall the gross floor space of any floor above*the ground,floor exceed the maximum percentage of the permitted area of occupation. 42.o6 Yards for One-Family or Two-Family Houses. Therequirements -193- for yards may be those established for the zoning'district in this Regulation, which correspond to the size of lot that. is approved, or the require ments may be established by the Board on the basis of the development project submitted. 42-07 Accessory Buildings and Uses in Projects for One-Family or Two-Family Houses.'- Accessory buildings and uses shall con- form with the provisions of Section 36.00 of Topic 1O.of this Regulation. 42.08 Marquees in One-Family.or Two-Family Projects. Marquees shall conform with the provisions of Sections 32-00, 33-00, 34.oo and 35-00 of Topic 10 of this Regulation. 42.09, Towers, Fences and Gateways for One-Family or Two-Family Houses. Towers, fences.and gateways.shall conform with the provisions of Section 30.00 of'Topic 7 of this Regulation. 42.10 Signs on One-Faffiily or Two-7Family HO'ues,.-- Signs shall conform with.the provisions established in-Sections 47-00, 48.00, 51,00 and 52.00 of Topic 15 of this Regulation. 42.11 Projecting Structures in One-Family or Two-Family Housing Projects. Cornices, eaves, roofs and other architectural features may project withtrequired yards up to a distance of.not more than one (1). meter. Permission shall likewise begiven forthe projection of open balconies up to a distance of not mor e than one '(1) meter within required front and rear yards, provided that these.balconies are separated by@no less than five (5) feet from any side or rear lot line. 42.12 Other Aspects related to Projects for One-Family or Two-Family -194- Houses. Thepertinent urbanization works shall be carried out for extensive resi dential development projects. Buildings or floors of buildings occupied or used for a single housing unit shall have their dependencies function- ally related among themselves for the exclusive use of one family. -195- SECTION 43-00 ROW HOUSES IN EXTENSIVE RESIDENTIAL PROJECTS 43-01 General. In projects for extensive residential develop- ments, permission shall be given for the construction of buildings to be bccupied or used as row houses when the provisl&ns of this Section 'are complied withidi. 43.02 Housing Units in One House in a Row. - One house in a row shall not contain more than ten (10) housing units. 43-03 Height of Row Houses. No buildings shall have more than two (2) floors nor exceed nine (9) meters in height. Permission shall be given for a greater height provided that the gross floor space and the width of any yard complies with the provisi.ons.of this Section. 43.04 Size ofLots for Row Houses. The lot for each housing unit shall have an area that shall depend on the width of the. unit, the area of occupation permitted and the size of the yards or separation between buildings or aro-,as on the same lot, as required by this Section. For each interior housing unit, a minimum@pwidth of lot of six (6) meters shall-be required. .,For-housing units that are at the. ends of rows-of row houses,.a.minimum width of lot of. not less than nine (9) meters sh.all'be required. 43-05 Population Density . forRow Houses. - For each housing unit, a lot area,of not less than one hundred and fifty (150) square meters shall be required. 43.06 Area of Occupation for Row Houses. The area of occupation shall not exceed fifty percent (50%) of the lot area. -196- 43-07 Gross Floor Space for Row Houses. The gross floor space shall not-exceed one hundred percent (100%) of the lot area. In no case shall the gross -floor space of any floor over the ground floor exceed the maximum percentage of the permitted area of occupation. 43-08 Front Yards for Row Houses. - One (1) front yard with a depth of not less than three (3) meters shall be required when the building provides space-to park vehicles or when a common parking area is provided, and not less than si5c,,.'(6) meters when no such parking space or common@parking area is provide. 43-09 Side and Rear Yards for Row Houses. - Side,and rear yards shall be required with a width and depth of not less than three (3) meters each. Any side or rear yard or part of such yard that borders on a street shall be considered as a front yard. 43-10 Separation between Row.Houses or Areas on the Same Lot. The following minimum separations shall be required between row houses and between areas on the same lot:- Between principal facades, a distance of not less than twelve .(12) meters. Between rear facades, a distance of not less than six (6) meters. [email protected],'Siae.--@"facades,-.a,.distance of not less than six (6) meters. Between a principal facade and a rear facade, a distance of-not less than twelve (12) m e-ters. Between a principal facade and a side facade, a distance of not less than twelve (12) meters. -197- Between a side facade-and a rear facade, a distance of not less than six '(6) meters.' Between buildings and parking areas, parks, promenades, pedestrian walks and other similar areas, a distance of not less than three (3) meters. 43-11 Accessory Buildings and Uses in Row House Projects. Accessory buildings, or service areasifforddry.-Ing clothes, shall,be located in the rear of buildings and shall comply with the other provisions established in Section 36.00 of Topic 10 of this Regulation. 43.12 Parking Areas'for Row Houses. - At least one (1) space for one (1) vehicle shall be provided for each housing unit. The common parking are as shall comply with the provisions for design of parking areas in Subsection 31.02 of Topic 8 of this Regulation// 43-13 Marquees for Row Houses. - Marquees shall conform with the provisions of Sections 32-00, 33-00, 34.00 and 35.00 of Topic 9 of this Regulation. 43.14 Towers, Fences and Gateways forRow Ho-uses. - Towers, fences and gateways shall conform with the provisions of Section 30-00 of Topic 7 of this Regulation. 43-15 Signs on Row Houses. Signs shall conform with the provisions established in Sections 47.00, 48.00, 51,00 and 52.00 of Topic 15 of this Regulation. 43.16 Projecting Structures in Row Housing Projects. - Cornices, eaves, roofs and other architectural features may project -198- within requird,d yards and separations between buildings or areas of the same lot as specified in this Section,v,.Izp to a distance of not more than one (1) meter. Permission shall likewise be given for the extension of open projecting balconies up to a distance of not more than one (1) meter within the required front and rear yards, provided that these balconies are separated by not from any side or rear lot line. 43-17 Other Aspects Related to Row Housing Projects. - The urbanization works that pertain to projects of extensive residential development shall be carried out. _199- SECTION 44.00 APARTMENT HOUSE PROJECTS IN EXTENSIVE RESIDENTIAL DEVELOPMENTS 44.0.1 General. - In projects for extensive residential developments, permission shall be given for construction of buildings to be occupied or used as apartment houses when the provisions of this Section are complied with. 44.02 H&ight of Apartment Houses. The height ofthe buildings shall be determined on the basis of the gross floor space permitted and onethe size of the yards or separation between buildings or between areas on the same lot required byll',-this Section. 44-03 Popula tion Density.in Apartment Houso-Projects. The number of families to be permitted shall be determined on the basis of the total lot,'area for apartment houses in accordance with.the following:. On lots with an area of two thousand (2, 000) square meters, one family shall be permitted for each one hundred (100) square meters of lot area. On lots with an area of three thousand eight hundred (3,800).square meters or more, one family shall be permitted for,each nine.ty-five (95) square meters of lot area. On lots with an area of five thousand four hundred (5,400) square meters or more, one family shall be permitted for-each ninety (90) square meters of lot area. On lots with an area of six thousand eight hundred (6,8oo) square.meters' or more, one family shall be per-' mitted for each eight@-five (85) square.meters of lot area. -200- On lots with an area of eight thousand (8,000) square meters or more, one family shall be.permitted for each eighty (80) square meters of lot area. 'On..lots'-with an are a.* of fifteen thousand,(15,.000) square meters or more, one family shall be permitted for each seventy- .five square meters of lot area. .0 n lots with an area of twenty-one thousand (21,.000) square meters or more, one family shall be permitted for each seventy (79) square'meters of lot area. if. the lot under consideration for an apartment house project,,:-! is subsequently subdivided into two (2) or more lots, the number of families.to be permitted on each lot shall be equal to the proportion between the net residential area of the new lot and the. area of the lot under original consideration multiplied by the total number of families permitted on the latter. In apartment house projects, permission shall be given to convert the.number-roffbasic housing units-permitted into a larger number of smaller units on the basis of the number of bedrooms-pertype of apartment, and in accordance with the following relatio-nship: Number of Bedrooms Equivalent in.Terms of Basic per Apartment Housing Ui@its 0 ("'studio or efficiency") 0-.4 1 o.6 2 0.8 3 1.0 When more than three bedrooms per apartment are -201- provided, each additional bedroom shall be computed at the rate of 0. 2 housing unit extra. In no case shall the number of basic housing units exceed the number of families permitted bn the lot. 44.04 Area of Occupation in Apartment House Projects. - The area of occupation shall not exceed the maximum percentage of. the total lot area which, on the basis of the permitted population density, is indicated in the following: Square Meters of Lot Area of Occupationl,,@_ Maximum Per Family, As Permitted- Percentage of the Lot Area Permitted 85 or more 30 80 to 84 25 75 to 79 25 70 to 74 20 44-05 Gross Floor Space in Apartment House Projects. The gross floor space shall not exceed the percentage which, on the basis of population density, is indicated in the follow- ing. In no case shall the gross floor space of any floor above the ground-floor exceed the maximum percentage of area*of occupation permitted.... Square Meters of Lot Per- GrossFloor.Space, Maximum Family, as Permitted Percentage of the Total Lot Area Permitted 86 or more 175 75 to 85 200 70 to-84 225 -202- If the lot under consideration for an apartment house project is subsequently subdivided into two (2) or more lots, the gross floor space to be permitted in each'lot shall be equal to the proportion between the net residential floor space of the new lot and the total net area of-the lot originally under consideration, mul-. tiplied by'the ;@tqtalw- dtoss f.lpoor space permitted in the 'latter. 44.06 Front Yards for Apartment Houses. One (1) front yard sb,,a1lab(@er6qu!ftdoWithsa slix_@(& -meters of the height of the building, whichever is greater. 44-07 Side Yards for Apartment Houses. Two (@Z) side yards shall be required, each with a.width of nbt less than six (6) meters or one-fifth the height of the building, whichever is greater. Any side yard or part of a side yard that borders &n a street shall be considered as a front yard. 44.08 Rear Yards for Apartment Houses. -..One yard shall be required with a depth of not less than six (6) meters or one-fifth (115) the height of the building, whichever is greater. Any rear yard or part.of a rear yard that borders on a street shall be considered as a front yard. 44.09 Separation between Apartment Houses or Areas on the Same tot. The followingseparations shall be required between apart- ment houses or areas on the same lot: Between principal facades, a distance not less than eighteen (18) meters, nor less than one-fifth (115) the -203- sum of the heights of the buildings under consideration, whichever is greater. Between rear facades, a distance of not less than twelve (12) meters,.nor less than one-fifth.(1/5) the sum of the heigIfts of the buildings under consideration, which- ever is greater. Between side facades, a distance not less than twelve ,(12).me,ters,,nor less than onezfifth (1/@) the sum of the heights of the buildings under consideration, which- ever is greater. Between a principal facade and a side or rear facade, a distance of not less than eighteen (18) meters nor less than ane-fifth (1/5),.the sum of the heights of the build- ings under consideration, whichever is greater. Between a side facade and a rear facade, a distance -not less than eighteen (18) meters, nor less than onez-fifth (115) the sum of the heights of the buildings under con- sideratio-n, whichever is greater. Between building and parking areas, parks, promenades, pedestrian walks, serviceareas, loading and unloading areas, and.other similar areas, a distance not less than one and one-half (1-5) meters. 44.10 Accessory Buildings and Uses in Apartment House Projects. Accessory buildings or service areas for drying clothes or collecting garbage, shall be located at the side or rear of the buildings and.shall comply with the other provisions established in Section 36.00 of Topic 10 of this Regulation. -2o4- 44.11*- Parking Areas for Apartment House Projects. At least one (1) space for one (1) vehicle for each housing unit shall be provided.', In addition, the stipulations for the design of parking areas in Subsection 31.02 of Topic 8 of this Regulation shall be complied with. 44.12 Marquees in Apartment House Projects. - Marquees shall -conform with the provisions in Sections 32-00, 3-3-00, 34.00 and 35-00 of Topic 9 of this Regulation. 44-13 Loading and Unloading Space for Apartment House Projects. Any;building,occupied.or used'.'for an apartment house shall be.providedwith a space for ladding and unloading of a size not less than-eight (8) meters by three (3) meters for each forty (40) hotblng units, and these spaces shall be situated at the side or the rear of the-buildings. 44.14 Towers, Fences and Gateways in Apartment House Projects. Towers, fences and gateways shall conform with the pro- visions of Section-30.00 of Topic 7 of this Regulation. 44-15 Signs in Apartment House Projects. - Signs shall conform with the provisions established in Sections 47.00, 48.oo, 51.00 and 52.00 of Topic 15 of this Regulation. 44.16 Commercial Facilit ies in Apartment House Projects. Commercial facilities shall be permitted on.the ground floor of a building contiguous to the neighborhood facili- ties -in residential developments for two hundred.(200) or more housing units, as established in Subsection 54-03 of Topic 16 of this Regula'tion. When authorization is given for.commercial facilities -205- in T.esid,ential p.roj.ect.s,,for.two hundred (200) or more ..housing uni-ts,which It is proposed to locate-outside of the buildingq.,-the land forsuch facilities shall not be taken into 'consideration in determining the number of housing units to be permitted in the project considered by the Board. 44-17 Projecting-Structures'in.Apartment House Project s. Cornices, eaves, roofs, and other architectural features may project within yards or separations between building or areas of the same lot, as required in this Section, up to a distance of not more than one (1) meter., Permission shall be given likewise for the projection of open balconies up to a dis- tance of not more than one (1) meter, within the required front and rear yards, provided that these balconies are separated by no less than five (5) feet from any side or rear lot line. 44.18 Other Aspects Related to Apartment House Projects. The urbanizationworks that pertain to projects-for extensive residential developments shall be carried out. -2o6- TOPIC 14 PROJECTS FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENTS SECTION 45-00 PROJECTS FOR COMMERCIAL DEVELOPMENTS 45-01 Shopping Centers. In R-1 and R-3 Districts, projects for commercial development of shopping centers may be sub- .mitted to the Board,and the Board may authorize the projects in harmony with the Regulating Plan, insofar as that has been adopted.and.studied. These projects must be justified in terms of the commercial necessities of the area that it is-to servk., In addition, there shall be taken into consideration the implications of the projec.t for the transportation system and for.the development of the immediate sector. The Board may require any other information that it determines to make necessary for consideration of the.project...' ..These projects may imply the construction of one or more' buildings dedicated essentially to retail sales on a lar .ge scale, and the urbanization.works that are necessary for the adequate functioning.of the center. In these cases., the Board shall carry out 'a public hearing to discuss the project and the possible amend- ments to the Pert@lnoiit@.' Z-biakn Map, such as' to a Q=-4 9 ..District. 45.02 Extensive Commercial Centers for Recreation. In R-1 Dis- tricts, projects' for extensive commercial centers for recreation may be submitted to the Boafd, and the Board may authorize the projects in harmony with the Regulating -207- Plan, insofar as that has been adopted or studied. These projects. muste -be,j-,L-istified in. terms of the potentialities of the area for:thb.proposed,development-and the best use of the lands.. In addition, consideration shall be. given to the implications of the project on the system of transportation and the development of the immediate sector. The Board may require any other'information that it decides to make necessary for consideration of the.project. These projects may imply the construction of one or more principal structures.and those works of urbanization that are necessary for the'adequate functioning of the center. In these cases the Board shall carry out public hearingsto discuss the project and the possible amendments to the pertinent Zoning Map as a C-5.District. 45-03 Commercial Developments for Neighborhood Services. The Board mayapermit commercial developments for neighborhood facilities.in harmony with the Regulation concerning Neigh- borhood Facilities (Planning Regulation No. 9). -208- SECTION 46.oo - PROJECTS FOR INDUSTRIAL DEVELOPMENTS 46.ol Light Industrial Developments. - In R-1 and R-3 Districts, projects for industrial developments for light industries may be submitted to the Board, with the inclusion,of urbanization for the formation of lots and the form- ation of lots and construction of buildings, and the Board may authorize the projects, in harmony with the, recommendations of the Regulating Plan, insofar as this has been adopted or studied. Th&se-,Dpr6dects must be justified"in terms of the potentialities of the area for the development of light industries, the availability of working force and best usii@iof the lands. In addition, consideration must be given to the accesses and to the implications of the project for the transportation system or the development of the immediate sector, The Board may require any other information that it decide,s to make necessary for consideration of the project., Projects for development of light industries include the development for these purposes of two (2) or more cuerdas L0-97 acre equdls one cuerd2a of land in towns or areas with an urban population, according to the census, of less-.than ten thousand (10,000) persons; of five (5) or more cuerdas of land in towns or areas with an urban population, according to'the census, of,between ten thousand 0 (10,000)'and forty thousand (40,000) person s, and 6f ten (10) or more cuerdas of land in towns or areas with an urban population, according to the census, of over forty -209- thousand (40,000) persons. In these cases, theBoard shall carry out a public hearing to discuss the'project and the possible amendments to the.pertinent Zoning Map as an IL-1 District. 46.02 Limited HOavy Industries. The Board may authorize the establishment of limited heavy'industries for specific projects which, by their nature@i, must have taken into con- sideration in the decision concerning their location, the geographic, meteorological, and road conditions, the urban growth, the area of public interest, agricultural-lands, provision of water, electrical energy, port facilities, the discharge of effluents, the sources of raw material and the industrial process. In these cases,kthere shall be an.advisory consulta- tion with the Board concerning the location, accompanied by a preliminary project that indicates the use that will be made of the lands, as well as an explanatory memorandum conce rning the project.that includes a detailed description of the ra*xamaterial to be used, the industrial process, the access to be used, the use of the coastal region if this.is to be used, the provision of water, atmospheric contamination, treatment and.disposal of iAdtLsktrial effluents, and the urbanization works necosary for the adequate functioning of the use to be established. The Board may require any other information that it decides to be 'necessary for con- sideration of the case. In these cases, the Board shall carry out a public hearing-to discuss the project and the possible amendments -210- to the pertinent Zoning Map as an IL-2 District. -211- TOPIC. 15 SIGNS AND ANNOUNCEMENTS SECTION 47-00 - GENERAL PROVISIONS CONCERNING SIGNS AND ANNOUNCEMENTS 47-01 Installation of Signs and Announcements. The installation of@signs or.announceme-nts !hc.lades'the* construction, re- construction, locating, placement, erection, re-locating, alterati.on, modification, enlargement.or transfer of any sign or announcement. It shall not be considered an alteration when removable parts of a sign or announcement are substituted, the sign having been designed so that such substitutions ca n be made,*or the painting of a sign or annoucement which is already installed and conforms and will continue to conform with this Regulation. 47.02 Size of Signs or Announcements.- (1) -,,The front of the building shall be the basis.for computing the size of the sign or announcement to be permitted. The computation shall be carried out on the basis of the part of the wall of the building, including doorsi windows or showcase.s, that pertain to the premises for each use, re,spectively. (2) The size 'of the signs or announcements shall be determined on the basis of the area included within .the patsiddeperimeter of the text of the sign or announcement, including any addition of illumination or other type of device to give.prominence to the letters that form part of the sign or announcement, -212- a-nd not on the basis of the area of the indivi- dual letters or figures. 47-03 Content of Signs or Announcements. (1) Any lettering, Writing, printing, painting, emblem, drawing or other.medium of commercial advertising, placed on the ground, on rocks.or on any other structure, the purpose of which is-to advertise comme rcially or call attention to a product, article', business, service or recreation that is is offered, sold or carried out in a place other than the place where this appears, shall be con- sidered an announcement for the p urposes of this Regulation. (2) Any lettering, writing, printing, painting, emblem, drawing or'other medipm, the purpose of which is to call public attention, other than an announce- ub ment, as established in clause (1) ofitthlbr.S- ;p b6e,-tion, shall be considered as a sign for the pur- poses of the application of this Regulation. (3) Any sign the.purpose of which is to call attention to a commercial activi,ty, -business, service, recrea- tion, profession or@household occupation, established in the place Where, the activity-As '.going to take place, shall be considered to be a commercial sign. These signs may contain an indication of the products or articles that are offered or sold in t he place on the premises and its trade markr,- except that the -213- area used for this purpose shall not exceed fifty (50 percent .(50%) of the area of the sign to be installed.- In cases in which the indication of the products or articles and their trade mark exceed fifty percent (50%) of the area of the sign to be installed,Dthce sign.,shall be considered as an announcement for the. purposes of the Application of the provisions of this Regulation. Signs offering for sale or rent the prop- erty where the sign appears shal be considered as commercial signs. (4) In Residential and Commercial Districts, signs for permitted institutional uses shall only identify the institution, or indicate the locality of the building, project or gove,rhukgntal activityj or the locality of an entity of civic character, a teaching, religious, philanthropic or charitable institution, and the hours and places of meetings of entities of the type mentioned. In Industrial Districts, these signs may contain announce-, ments or commercial advertising inaddition to the material indicated in the preceding. 47.04 Pldcement and Location of Signs and Announcements. (1) No sign or announcement may.be installed in a form that obstructs. a required exit or in some way inter- feres with the required ventilation or illumination f6r a building. (2) No sign or announcement may project upwards or out to the sides-beyond the edge of the'wall on which it -214- is placed, or beyond the lev el of the terrace or roof that, in the main, covers the building, nor mayrn< be plac.ed or located on the. terrace or roof of any structure, on the cornices of the roof-terrace .or roofs,-on spires,.belfries, towers, chimneys, elevated tanks, stairwells or.similar structures that are situated on or project from the roof or the roof-terrace ort on balconies or on any projection from the building that does not constitute a part of the general body of the building, except that in Commercial and Industiial Districts, permission shall be given for*signs or announcements attached to concrete or masonry railings provided that the sign or announcement does not exceed forty (40) inches in height above the upper level of the railing. '(3) -.Signs or announcements on walls shall be installed fixed entirely flat against the wall, permitting a. projection toward the front of the.bu'ilding up to twenty (20) inches from the wall, to be used excusively for a frame, letters in relief or some other form of mounting. (4) Signs and announcements supported on or over the ground shall.be considered as.signs or announcements fixed in the ground. (5) No sign or announcement shall be installed overoT-,, of eaves, in Commercial or Industrial Districts, may project more than twenty (20) inches from the front -215- wall of the building. A projection of up to forty (40) inches shall be permitted wheznthe .eaves are entirely within the lot.limits. No sign or announcement to be installed under an eave, in Commercial or Industrial Districts, taay be less than-eight (8) feet vertically above the sidewalk. -216- SECTION 48,5,,0.O1T-=-0S,`IGNS- IN RESIDE14TIAL DISTRICTS [email protected] General'. In Residential Districts, permission shall be given for the installation of the following signs, pro,=,, vided that they comply with the Provisions concerning Signs established in Section 47-00 of this Regulatio@nl@ 48-02 Signs announcing prof6-,sslo'nal act-ivities or household .occupations that do not exceed two (2) feet square in site, without illumination, installed flat against, the wall that is the front of the building and parallel to the 'street. 48.0,,- Signs concerning the sale or rental of real estate that donot exceed the size of twenty (20) square feet, without illumination, provided they are affixed within the premises that is offered for sale or rent. Only one sign to one property shall be permitted. When the sign id affixed to the building or structure, this shall be attached'fidt against the wall that is thefront of the building and parallel to the street. If the sign is erected on the ground, it should be parallel to the street and its height from.ground level to its highest extremity shall -not be more than ten (10) feet. 48.04 Identification 'bigns for inns or rooming houses, at the entrance of any permitted rooming house in the district, that do not exceed in size ten (10) square feet with or without illumination., but not with intermittent light) and attached to the wall that is the front of the building and parallel to the street. Only one sign to a property -217- shall be permitted. 48.05 Identification signs for hotels that do not exceed in size one hundred (100) square feet, with or without illumination, but not intermittent illumination, attached to the front wall of any type of permitted hotel in R-O, R-1, R-5 and R-6 Districts, and parallel to the street. Only one sign shall be permited on each property. 48.06 Commercial signs for commercial activities permitted in R-O and R-5 Districts, in accordance with the following: (1) Size. - The sum of the sizes of the separate signs for each business, service or professional activity shall be not more than fifteen percent (15%) of the a area of the front wall of the place where these functions take place. (2) Illumination. - These signs may have non-intermittent illumination. (3) Placement and locating. - Siqns shall be affixed to the wall that is the front of the building and parallel to the street. The placement of these signs on the ground shall not be permitted, either in the premises or on the right-bf-way of the street, or on buildings or parts of buildings-dedicated to residential uses. 48.07 Institutional signs in accordance with the following:.' (1) - Size. The sum of the sizes of the signs on walls, either separately or together for each entity, shall be not more than ten percent (10%) of the area or the part of thefront wall of the building that pertains. -218- to each respective entity. The size of signs on the ground shall -riot exceed thirty (30) square feet. (2) - Illumination. - These signs may have non-intermittent illumination. (3)- Placement and locating. - Signs may be placed or located on buildings or on the ground. Signs to be placed on b buildings shall be affixed flatly against the front wall of the premises they are going to serve, and they must be parallel to the street. Signs to be placed on the ground shall be erected parallel to the street and their height measured from the ground level up to the highest part of the sign shall be not more than ten (10) feet. Only one sign shall be permitted on the ground of a property. 48.08 Signs on construction works accordance with the following: (1) Size. - The sum of the sizes of the signs, separately or together, shall be not more than fifty (50) square feet in area.. (2) Illumination. These signs may have non-intermittent illumination. (3). Content. -.The content of these signs may include only an indication of the works to be carried out, their financing, details concerning the works, the: contractors, or the engineers and architects participating in the works. No such sign may contain commercial propaganda or announcements of any kind. Placement and L ocation. Signs shall be placed on the ground, on the temporary buildings used for office or storage, or on the provisional fences of the construction proje.cts. Signs that are put on the ground shall be situated parallel to the street, and their height, measured from the ground leveloq-pto the highest part of the sign*, shall not be more than ten (10) feet. Signs placed on tempor- ary buildings and on the provisional fences shall be affixed flat against- these, and 6hethexpart kfe-the.1-Wall or the section-of fence that faces the street'; and parallel to the street. Length of Time of Installation.. - Signs on construction works may be installed only within a period of not more than two (2) months befofe the works are begun and may remain installed during the entire time that the works are in real and effective process of con- struction. As soon as the works are completed or stopped, the.signs must be eliminated. -220- SECTION 49.00 SIGNSIN COMRCIAL DISTRICTS 49.01 General. In Commercial Districts, permission shall be given for the-installation of the following signs pro- vided they comply with the Provisions for Signs established in Section 47-00 of this Regulation. 49.02 Commercial or institutional signs on walls in accordance with the.following: (1) Size. - The sum of the sizes of the' signs, separately or together, for each business, service, recreation, profession, or institutional use that is permitted i n the specific district in which the appurtenance s to be placed, shall be not greater than the per- centage of the front wall space of the pdrrteof@.,,theilt premises that it pertains to,;, as indicated in the- following table for each specific district: Maximum Size-Permitted, in Percentage District of the Area of Front Wall for the Part of the Building Used by the Installation C-1 15% C-2 20% C-3 20% C-4 20% C-6 1@% (2) Illumination. These signs may have non-intermittent. illumination in Gil+,, C-2,',,c-4 and C-6 Districts, and intermittent illumination in C-3 Districts. (3) Placement and Location. (a) The 'Signs shall be fixed. flatly against the front wall of the. place they are,-going to serve, -221- which is a part of the front of the building and parallel to the street. For the uses that are permitted in premises that front on a street, permission shall be given to affix saligns to- serve these uses, with the signs fixed flat against the wall that is a part of the front of the building and parallel to the street$ except that the sum'of the sizes of the signs installed on this wall shall not exceed the .@,fmaximum size permitted-in the.district. -(b))7 Permission shall be.given:for the placement of -commerIcial signs affixed to the wall,@that cor- responds to.the diagonal cut onthe corners of buildings situated at street intersections, provided that the sum of the signs installed on this wall shall not exceed the maxim-bm size permitted in the district. (c) Permission shall be given for the placement of signs affixed to the general body of the marquee of a commercial establishment, parallel to the street. These signs may not project out from the general body of the marquee nor from the upper level of the roof, and shall be placed at a'minimum vertical distance of eight (8) feet from th!'_'eir lower edge down to the ground or the floor. (d) Permission shall not be given for the placement -222- of these signs on the ground, or in the right- of-way of a.street, or on buildings or parts of buildings.dedioated to residential purposesf,', except for professional announcements, and the announcement of household occupations or the sale or rental of the. premises. 49-03 Commercial signs on the ground for businesses that operate without a building, or to call attention to the sale or rental.of a lot-without buildings,",,, which sign shall not exceed in size thirty (30) square feet, parallel to the street. These signs may have non-=.,intermittent illumination, and their height, taken.from the ground level up to their highest part, shall-be not greater than ten (10) feet.. Only one, sign to e-_.Ach business or other operation shall be permitted. 49.04 Institutional signs 'on the ground, on lots where an institut- tional building is located, with a size not larger than thirty-00) square feet, parallel to the street, and their height measured from the ground level up to their highest part shall be not more.than ten (10) feet. These signs may have non-intermittent illumination in C-1 and C-2 Districts and intermittent illumination in C-3 Distric.ts. Only one sign to an institution shall be permitted. 49-05 C6mmercial signs on the ground for gasoline stations or businesses of the "drive-in" type, with a maximum size of fifty (50) square feet, parallel or perpendicular to the street. These signs @hall not be rotating or moving; they -223- shall not project out beyond the limits of the property; aseparation of at least forty (40) feet shall be maintained between such signs and any side property line. Their height, measured from theground level up to the highest part, shall not exceed twenty-five (25) feet, and they may have non intermittent illumination. Only one such sign for each gasoline or "drive-in" type of business shall be permitted. 49.06 Commercial signs on the ground for the identification of shopping centers in C-4 Districts, in acc'ordance with thet3, following: (1) --Size. -..The size of the sign to be installed shall not exceed two hundred and seventyl(270) square feet. (2)- - Cont ent. - The content of these signs shall be limited to an indication of the name of the shopping ccenter, and it shall,contain no commercial advertising of any kind. (3) Illumination. ..These signs may have, intermittent illumination. (4) Placement and Location..- .(a) The signs shall be installed parallel to the street. In cases in which it is proposed to set back the sign more than one hundred and sixty (160) feet from the rlght-of@way of a street, it shall not be required to have its axis parallel .to the street, but intermittent illumination shall.not be permitted.. (b) These signs shall be installed on structures -224- designed especially for this purposeland in conformity with the provisions of the Building Regulation (Planning Regulation No. 7). Their height, measured from the groundlevel up to their highest part, shall not exceed thirty (30) feet. (c) only one sign shall be permitted for each shopping center. 49-07 Commercial signs on the ground for the identification of commercial centers in C-6 Districts, in accordance with the following: (1) Size. - The size of sign to be installed shall not exceed one hundred (100) square feet. Content. - The content of these signs shall be limited to an indication of the name of the tommercial center and shall not contain commercial announcementsQor advertising of any @ind. Illumination. These signs may have non-intermittent illumination. (4) Placement and Location. These signs shall observe a minimum setback of twenty (20) feet from the structure or from,any access or public promenade. Their height, measured from the ground level up to their highest part, shall not exceed twenty-five (25) feet. Only one sign shall.bepermitted for each commercial center, and it shall be installed parallel.,-to the access or the public @promenade on which the sign fronts. In commercial -225- areas that are authorized outside of the neighborhood center, the placement of these signs on the ground shall not be permitted. 49-08 Signs on construction works, in accordance with the following: (1) Size. The sum of the sizes,of the signs, separately or or together, shall not be greater than fifty (50) square feet in area. .(2) Illumination. - The signs may 4.ave,non-intermittent illumination in C-1, C-2, c-4 and c-6 Districts, and intermittentillumination in C-3 Districts. (c3) Content. Thecontent of these signs shall include only an indication of the work to be'carried out, its financing, details about the works, the contractors, and.the engineers and architects taking part in the work. No sign may contain a commercial advertisement or announcement of any kind. (4) Placement and Location. - The signs shall be placed on the ground, on temporary buildings used for office or storage, on the7provisional fences of the construction projects. The signs to be placed on the ground shall be located parallel to the street, and their height, measured from the ground level up to the highest part of the-sign, shall be not greater than ten (10) feet. The signs to be placed on temporary buildings and on .provisional fences.shall be affixed flat against these, on the walloort@art of the fence that fronts on the street and is parallel to such street. -226- Period of Time of the Installation. The signs on constructions works may be installed only with a period of not more than two (2) months before the beginning of the works, and they may remain installed during the entire time,in which the work is in real and effective process of construction. As soon as the works have been completed or stopped, these signs must be eliminated. -227- SECTION 50-00 SIGNS AND ANNOUNCEMENTS IN INDUSTRIAL DISTRICTS 50-01 General. In Industrial Districts, permission shall be given for the installation of the following signs and announcements provided they comply with the Provisions concerning.Signs and Announcements established in Section 47.00 of this Regulation. 50-02 Commercial and institutional signs, or announcements on walls, in accordance with the following: (1).- Size. The sum of the sizes of the signs or announce- ments, separately.or together, for each industry, business, service, recreation, professional office, or institutional usei--;. permitted in the specific- district in which the premises are situated, shall be not more than twenty.percent (20%) of the area of the front wall that serves.each part of the premises. These signs, or announcements. may have intermittent illumination. (3)-7-Placement and Location. (a) The signs or announcements must be affixed flat against the front wall of the part of the front of the.building that pertains to the particular operation, and parallel to the street. For permitted uses in premises that do not front on the street, permission shall be given to affix signs or announcements, to serve these operations, affixed the wall that is the front of the building and which is parallel to the street, except that' _228- the sum of the sizes of.the signs or.announce- ments installed on this wall-shall not exceed the maximum permitted size in thedistrict. (b)- Permission shall be given for the placement of commercial or institutional signs or announce ments affixed to the wallathat corresponds to a diagonal cut acorss the corners of the build- ing when the building is situated at the inter- section of streets, provide.d-that the sum of the sizes of the signs or announcements installed on this wall does not exceed the maximum size permitted in the.district. (c) Permission shall be given for the,placement of signs or announcements affixed to thegeneral body of the marquee of an industrial,Gc6.minbrc!a1 arainstitutional establishment, and parallel to the street. These signs or announcements may not project beyond the general body of the marquee nor above the upper level of the roof and shall be placed at a minimum vertical distance of eight (8) feet I@e,twedhetthe lower extremity and the ground or floor. 50-03 Commercial signs or announcements on the ground on vacant lots or parcels of land,' the sum of whose s.izes, separately or togethe@r, for each lot or parcel of land, shall be not more than two.hu@h-dred and seventy (270) square feet-or one-half of the industrial lot -229- or land parcel. The size permitted shall be the smallest that arises from the application of the preceding provisions. These signs or announcements shall be.installed,parallel to the street, and their height, measured from ground level up to-their highest part, shall not exceed thirty (30) feet, and they may have intermittent illumination. 50.04 Commercial or institutional signs or announce .ments on the. ground,. in lots-dr land parcelswhero a'building is situated, with a size of not more than fifty (50) square feet, provided that the combined sum of its size with those of the signs and announcements installed on the building shall not. exceed twenty percent (20%) of the front wall area of.the building. These signs or announcements shall be installed parallel to the street,and their height, measured from ground level up to their highest part, shall not exceed thirty (30) feet, and they-may have intermittent illumination. 50-05 Commercial signs on the ground for gasoline stations orbusinesses of the "drive-in" type permitted in the specific district in which the appurtenance is situated, with a maximum size Of-fiftY (50) square feet, parallel or perpendicular to the street. These signs shall not be revolving or moving; they shall not project beyond the limits of the property; there shall be.a separation of not less than forty (40) feet from any side lot line. Their height, measured from ground level up to their highest part, shall not exceed twenty- five (25) feet, and they may have intermittent illumination. Only one sign shall be permitted for each gasoline station' or business of the "drive-in" type. -230- SECTION 51-00.- OTHER SIGNS TO BE PERMITTED IN ANY DISTRICT 51-01 General. Permission sha-11 be given for the installation.of the signs enumerated in this Section, ir@ any district. 51.02 Traffic signs that are established by the Department of Public Works and the Municipal Authorities. No traffic sign may contain commercial advertising or announcements of any kind, and it shall-not be necessary to obtain permits for their installation. 51-03 Signs indicating@danger, which do not contain commercial advertising'or announcements of any kind. These signs may be installed'by any governmental agency or by private persons. in cases of extreme emergency. They shall.,be main tained erect and they may be kept,fii place as long as the danger persists. 51-04 Temporary signs, for a period of not more than thitty (30) days, for the purpose of calling attention to any governmental, civic, political,,religious or..charitable ac.tivity, or for similar purposes', in a'c cordance with the following: (1) Temporary signs on the ground, with a maximum size 'Of tKirty (30) square feet, which shall be placed on land adjacent to-the right-of.-way of a street and parallel to the axis of the street. The height of these signs, measured from ground level up to their highest part, shall be not more than twenty (20) feet. These signs may have kon-intermittent illumination. .(2) Tempora ry signs on walls. When temporary signs are installed on the wall of a building, the sum of the sizes of all the signs, permitted on the wall, includ- -231- ing the temporary signs, shall be not more than fifteen percent (15%) of the area of the wall of the building thatfronts on the street, nor more than one hundred and fifty (150) square feet, whichever is the lesser.' These signs must be affixed flat against the front wall of the building, parallel to the street, and may have non-intermittent illumination. -232- SECTION @2.00 SAFETY OF SIGNS AND ANNOUNCEMENTS 52.01 General. - Any sign or announcement which, for circumstances not foreseen by this Regulation, Ior even when ittmeets all the requirements of this Regulation, whose placement distracts attention or obstructs the view of persons driving motor vehicles on the street, or which'otherwise may be a menace to public security, shall,4-not be permitted. Among the types of objectionable signs or announcements that may be included in this classifciation, are those enumerated in this Section. 52.02 Signs or announcements that obstruct the view of drivers.of motor vehicles. 52-03 Signs.or announcements that have reflectors, lights or devices that emit flashes or illumination that may dazzle or affect drivers. 52.04 Signs or announcements that are on the, edge of a river or andarrr Ldry river where a flash flood,may occur7 which =1 "TR may,be washed away by the current, obstructing the flow of water under bridges and through culverts. 52-05- Sign's_or announcements that are situated in such a way that they project shade,on the streets in a way that may be a menace to traffic safety. 52.06 Signs or announcements that exhibit the form and design of. an arrow, semaphores or other traffic signals. 52-07 Signs or announcements that are situated on the slopes of adjacent land or on high@rlpoints above the street level -233- from which they may become detached and blown by the wind into the street. 52.08 Signs or announcements that.contain written material that cannot be read by persons who are driving at the speeds permitted for motor vehicles. -234- TOPIC 16 EXCEPTIONS AND DIRECT AUTHORIZATIONS SECTION 53-00 EXCEPTIONS 53-01 General Provisions concerning Exceptions. The Board may make exceptions to the requirements of this Regulation in cases in which the literal application of-the pro- visions would result.in a prohibition or restriction that is unreasonable in the use of the appurtenance, and where it is shown that the exception would al leviate a clearly demonstrable discrimination, or where,it would redound to the best interest of the community and the sector... The exceptions under these provisions shall not constitute amendments to the limitations for any district or zoning provision contained in this Regulation, and must include in each case at least one of the following special circumstances; (111) - The irregular shape of a lot. (2) The size of a lot less than'-the*mlni*mum required. (3) -'Steep topographical conditions. (4) -.0therexceptio'nal circumstances. When it is considered necessary, or when there has been a petition by the interested party, public hearings shall be held, with notification to the. parties. 52.02 Special Cases. The Board may take th& action that it con- siderz. necessary on the following cases, subject to the preceding requirements, and in the following form: -235- Authorizing.exceptions to the requirements of this Regulation, including the construction of buildings or the uses of premises for purposes of public utility oi' related directly with the public interest, when this is found reasonably necessary for the public convenience and well-being. (2) Authorizing exceptions to the requirements concerning popu@lation density established by this Regulations in the cases of R-5, C-2 or C-3 Districts where there exists a parcel of land..that.is the property of the Free Associated State of Puerto Rico whose development and improvement would be of public utility and is directly related to the public interest, and-when the following conditions occur: (a) The parcel of public land to be developed borders on the lojtdofothe project and does -not form a part of the land to be used for vehicular streets. (b) The facilities to be provided on the public land do not exist in the sector nor constitute those facilities required on the basis of the private project to be c.onstructed. (C) The facilitie's to be provided have the approval 'of-the'agency that has custody of the lands, and are in harmony with the best interests of the community and the sector. (d) The cost of the works or improvements to be carried out on the public lands is in harmony -236- and in equitable proportion with the pecuniary benefit that such an exception represents. The exception in population density to be permitted shall be' not greater than one family for F, each two hundred (200).,,square meters of the public land to be developed, except that at no time shall the increase in population density exceed or represent more than one-third (1/3) of the number of families that are permitted on the lot of the.project. (3) Authorizing exceptions to the requirements'concerning population density established by this Regulation in the case of edg&s5s; -of lots in R-5, C-2 erdC`3 Districts, affected by the development of a public project, whose development or improvement by the private entity will be of public utility and is directly related to the public interesti and when the following conditions ar ,occur: (a) The strip of land to be developed forms a part of the lot of the project to be considered, does not form a part of the land to be,used for vehicularstreets, and is a strip that is dedicated to public use by the pertinent legal document. (b) The facilities to be provided on the lands thus affected do not exist in the sector nor do not constitute those facilities.that are required on the basis of the project to-be con'struct6d -237- on the remainder of the lot. .(c) The facilities to be provided have the approval of the agency thdt'rhas custody of these lands in carrying out the plan of public development contemplated for the sector, and are in harmony with the best Interests'of the community and the sector. (d) The cost of the lands, works and improvements to be carried out on the lands, is in harmony and in equitable.proportion with the pecuniary benefit that such exception represents. The exception-in population density to be permitted shall not be more than one family for each two hundred (2'00) square meters of the par6,6_1,@@,offldhd thus affect-ed, except that at no time shallsuch@, increase in population densi ty exceed or represent more than one-third (1/3) of the number of families that is permitted on the remainder of the lot. When, in these cases, the conditions established in Clause 2 of this Subsection occur, and it is pro- posed as a part of the private project to develop both strips of'land,.the increase in population density to be permitted by the exception, on the basis of the sum of both parcels of land, may not exceed nor represent more than-One-third (1/3).of the number of families that is permitted on the remainder of the lot. -238- (4) Granting temporary permits for non-conforming uses,. subject to reasonable conditions for the due protection of the public interest and well-being, provided that this do.e,slnot'involve the erection of permanent struct- ures. Each permit for temporary use shall have an effective period of not.more than one (1) year,, extendable to a maximum of one (1) additional year. 53-03 Conditions.for Making Exceptions. The authorized exceptions shall be subject to compliance with the conditions that are established and the Pther-.?pruvI�!o_nso&ftthis Regulation. 53.04 Period of Effect of the Decisions concerning Exceptions. Any favorable decision or authorization concerning any exception to the existing regulations related to construct- ion permits,Qor permits for uses or for signs, shall expirejf, within one year of its issuance, the pertinent permit ZTor the project itsel2f has not been obtained. This period of effectivness, for all legal purposes, shall be considered defini`tive,,.,.e'xcept that it may be' extended on the Petition of the interested party, when suclh-.extension is -not.considered contrary to the public interest, and provided that the petition for extension is submitted at least thirty (30) days before the date of the expiration of the exception decision, with an indication of the reasons for the petition and, in addition, providing along with it evidencO .of the progress achieved in the preparation of preliminary projects, cons,,,@-truction plans, studi.es and-documents 'that the case may require. -239- SECTION 54.00 DIRECT AUTHORIZATIONS .54.01 General Provisions concerning Direct Authorizations. The Board may giY'kenconsideration to all cases which, ....by express provision of this Regulation, its intervention is required. The acts of the Board shall be in harmony with the general purposes and objectives of this Regulation and the Planning and Budget Law of Puerto Rico, and shall assure due protection of the public interest. When it is considered necessary, or an the petition of the interested party, public hearings shall be held, with notification to the parties. 52.02 SpeclaloCases. - The Board may take.the ac tion that it deems necessary on the following cases, subject to the preceding provisions, and in.the following form: (1) - InterW-eting, by resolution, in cases of doubts or conflicts in the provisions of this Regulation. (2) Interpreting the provisi6ns-of.this Regulation where the tracing or the location of the existing streets that form a part..of the Official Ma', or other maps. p or plans that'-are officially approved, are in dis- crepancy with the order or position-of those streets as they appear on the Zoning Map. (3) Determining and establishing the true locations of the limits of a district, in cases of doubt or controversy. (4) Modifying the extension of a district where the limits of the district divide@; a.lot that is the property of -240- a single owner, according to the inscription in the Property Register on the date this Regulation goes into effect, with the necessary restrictions to maintain',''insofar as possible, the.original classification. (5) --C-onsidering and authorizing the establishmeat of buildings related to one principal purpose on one parcel of land, in cases of institutions or other civic, teaching, religious, charitable, recreational, industrial or other organizations orentities. (6) Considering and authorizing the installation of other signs not specifically coveredby this Regulation, provided that their size, illumina- tion, content, placement and location are in harmony with the',epurposes of this Regulation, 54-03 Other Uses to be Permitted by the Board in Residentia-1 Districts.- The Board may consider, in harmony with the purposes and gbfierdlvebjectivd.s of this Regulation, and in those resi-. dential districts that are specifically indicated in this. Sub6ection, requests concerning the p-lacement @o_f structures7 and use of lands when these pertain to projects related* with the uses that are indicated in-the following, provided that, by means of the design, construction and operation, there is ample protection for the health, safety and well- being of the occ'up?@nts of the property to be occupied or used, and of the occupants of the bordering properties, -242- two (2) times the size required for the district in which they are situated. (c) In residential developments in which-a neighbor- hood center is established in compliance with the provisions of the Regulation concerning Neighborhood Facilities (Planning Regulation No. 9), non-profit civic clubs may be permitted only in the. said -neighborhood center. (4) Retailcommerce in articles of consumption and ordinary household use, in R-0 Districts, provided that the Lpaximum gross area to be dedicated to these purposes is -not more than.three thousand (3,000) square meters per lot. Medical dispensaries in any Residential District except R-0 Districts, in accordance with the following: -(a).- The service to be provided --sh'a-'ll be for out- patients.- The treatment of demented patients and contagious diseases shall not be permitted. (b) No commercial characteristics may be given to the building. (c) No equipment or medical instrument may be operated that will be prejudicial to the well- being of the residents of the sector. (d) In residential developments in which a neighbor- hood center is established in compliance with the-provisions of the Regulation concerning Neighborhood Centers (Planning Regulation No. 9), -241- and that there will be no diminution in the provision of light and air to the building to be occupied or used, or to.the neighboring properties, nor any incfease in the danger of fire, nor any effect of reducing or prejudicing the.values of. the properties established in neighboring areas, and provided that these projects fulfill any other requirement that is considered appropriate to assure the due protection of the public interest.and compliance with the other requirements established for the specific trict in which.it is situated. In these cases, the Board may require any other information that it decides is nec essary for consideration of the project. (1) Cemeteries in R-0 Districts. (2).- Child care centers in any Residential District except R-0 Districts. (3) No-n-profit civic clubs in any Rebidential District, on lots or parcels of land with a size not less than five hundred (500) square meters, in accordance with the*following- (a) In the operation of this use, permission shall be given for carrying out those activities that are inherent in the principal permitted purpose. (b) The permit that is issued for thi s purpose shall contain the conditions that the Board decides are'necessary for protection of the health and -being of the an6ighborhood. general well I (b) The buildings shall have yards not less than -243- medical dispensaries shall be permitted only in the said neighborhood center. (6) Rooming houses in R-1, R-'2, R-3 and R-4 Districts, in accordancewith the following: .(a) The owner or administrator of the rooming house shall reside in the housing that forms part of this@. (b) Commercial characteristics shall not be given to the structure. (c) The permit that is issued for this purpose shall 'contain the conditions that the' Board decides are necessary for protection of the health and general well-being of the neighborhood. (d) In residential developments in which there is a neighborhood center in compliance with the provisions of the Regulation concerning Neighbor- hood Facilities (Planning Regulation No. 9), roomihg-QhoumsymhLy beneens.ttiudtedl nly Ini aid center. (e) When the number of bedrooms- for guests exceeds seven bedrooms, the sizes of the side and rear yards shall be one and one-half (1 1/2) those required forthe district. The minimum size of the lot area to be required shall be determined in accordance with the following table: G-C -244- DISTRICT -1 R-2 R R-4 R -3 minimum Size 6f Lot Area Required, in S,duar goo 540 300 250 e.-Meters Number--rof Bed- Rooms for Guests Permitted on the Basis of the Kini- 7, 7 7 mum Size of Lot Extra Lot Area Re- quired Per Additional 180 go 6o 4o Bed (Square Meters) Maximum Number:,.,--,of - Bedrooms Permitted 10 10 15 15 per Establishment (7) - Hotels in R-5 and R-6 Districts, in accordance with tk-- t `�tr 0 t1e-,e. ii"Wo' -64-rc6h, Ubti n of hotels shall not be permitted in those sectors decided upon by the Board,,,by a resolution to this effect, afterpublic hearingst (a) A lot area shall be req-&ired, per room, of not less than twenty (20) square meters. (b) The width of the front., side or rear yards shall be not less than six (6) meters. )c) The spaces for accessory uses as a part of the building and of the accessory buildings may be situated on the part of the lot on which a principal building is permitted. Any required yard may be used for courts -245- for games, swimming Pools, promenades, parking areas for vehicles or similar accessory uses, when no structures are constructed that go above a level of more than one (1) meter above the ground, excepting for the towers or posts necessary for playing courts, swimming pool- or lighting and ornamentation of promenades. (d) Commercial characteristics may not be given to the structures. (e) WhIen it is proposed that there be a combination of housing units and hotels in the same premises, each hotel room shall be an apartment of the 'efficiency' type" for the purpo Ises of computing the population density permitted in the district in which.the premises are situated. (f) Thel"'permit that is issued for this purpose shall.contain the conditions that the Board decides are necessary'for protection of the .,health and general well-being of the neighborhood. Tourist hotels on lots in R-0 Districts; tourist hotels on lots in R-1 Distr icts situated in areas that have not been urbanized; and tourist hotels on lots in R-5 Districts, in accordance with the-following, except -clat that the construction of tourist hotels shall not be permitted in those sectors decided upon by the Board, by a resolution to that effect, after public hearings: -246- Any project for a tourist hotel shall have as an integral part, and.in proportion with its maximum facilities for accommodation, two or more of thefollowing typical tourist attractions for &fficient service to the guests: A beach development or lakewith bathing facilities and other aquatic sports. A swimming pool with bathing facilities or other aquatic sports. Adequate facilities for the use of saddled horses and excursions. Playing courts or other facilities for open- air sports. (b) A lot area shall be required, per habitation, of not less than.twenty-five (250@ square meters in R-0 and R-1 Districts,'and nbt less than twenty (20) square meters in R-5 Districts. (c) -*The width of the front yard, and-the side and rear yards, shall be not less than fifteen (15) meters in R-0 and R-1 Districts, and not less than six (6) meters in R-5 Districts. (d) -The spaces for accessory uses as a part of the building and the accessory buildings may be situated in the part of the lot in which the principal.building is permitted. Any required yard may be used for playing courts, swimming pools, promenades, parking areas for vehicles -247- or similar uses, when there a re no structures above a level of more than one (1) meter above the gr ound, excepting necessary towers and posts for the playing courts, swimming pools or the lighting and ornamentation of promenades. Commercial characteristics shall not be given to the *structures. (f) When it is proposed to combine housing units and toulrist hotels on the same premises, in an R-5 District, each hotel room shall bevanabifficiency type of apartment for the purposes of computing the pop ulation density to be permitted in the district.. The combination of housing units and tourist hotels shall not be permitted in R-0 and A-1 Districts. (g).- The pertit that is issued for this purpose shall contain the conditions that the.Board decides are nece.ssary to protect the health and well-, being of the neighborhood. (9) Hospitals, General Medicine Hospitals, Homes,'Sanatariums, Institutions for the treatment of demented patients, in R-0 and R-1 Districts. Building's to be d6dicated principallyto use as hospitals or sanatoriums for contagious disease or the treatment of demented persons shall be situated at no less than fifty (50) meters distance from any property line. (10)- Hospital drdl m_,ed'J.'.cine-inoR;7'_'2, -248- and R-6.Districts, except for the treatment of demented patients and contagious diseases. (11) Hesp-lta@ls designed to be sound-proof, for the treat- ment of animals, 6n lots in R-0 Districts, and on lots in R-1 Districts situated in areas that have not been urbanized, provided that no animals are kept outside the building. (12) Teaching institutions in any Residential District, including commercial instruction of trades or industrial skills, provided that these do not constitute the predominant use, and in accordance with the followingi. (a) Permission shall be given for the construction of other buildings for related uses on the same parcel of land, provided an over.--all scheme of development of the land is presented and that there is compliance with the requirements concerning minimum size of lot area established in.this Regulation for eac4 specific use. -The l6t area occupied by the related uses shall not be counted in determining the lot area required for teaching uses. (b) The minimum area of land required shall be calculated on the basis of eight (8) square meters per student. (c) The size of the rooms to be permitted shall be calculated on the basis of twenty (20) square -249- feet per student. (d) Lots on which it is project-ed to construct buildings for teaching purposes must maintain ._a minimum separation of fifty (50) lineal meters from any other lot on which there is situated .or already authorized the construction of a gasoline station. The minimum separation required shall be measured between the closest points on the two lots. (e) The buildings shallhhave yards one and one-half (1 1/2) times the width of those-required in the district in which the institution is situated. (f) In residential developments in which there has been established a neighborhood center in compi- ance with the provisions of the Regulation concern- ing Neighborhood Facilities (Planning Regulation No..9),,teaching institutions may be permitted only in that neighborhood center. (13) Philanthropic institutions with non-profit purposes or charitable institutions.,.in any residential districti (14) Religious institutions in any residential district, in accordance with the following conditions: (a) Permission shall be given for the construction of other buildings for related uses on the same parcel of land, including the residence of the minister or priest, or the construction of teaching buildings provided that an over-all plan for the -250- development of the entire piece of land is presented and there is compliance wi-th the requirements-concerning minimum size of lot area established in this Regulation for each specific use. The lot area occupied by the related uses shall not cbunt in determining igious purposes. ..the lot area required for te-L- (b) Lots.o.n which it is projected to construct one or more buildings for religious or teaching purposes must maintain a minimum separation of fifty @(50) 11heal meters from any other lot on which there is situate.d o r already approved the construction of a gasoline'station. The minimum separation required shall be measured be-tween the closest points of the two lots. (c) The buildings shall have yards not less than one and one-half (1 1/2) times those required in the district in which they are situated. @d) In residential developments i n which there has been established a neighborhood center in compli- ance with the provisions in the Regulation concern- ing Neighborhood Facilities (Planning Regulation No. 9), religious institutions shall be permitted only in the said neighborhood center. (15) Airports, Heliports Transmitting Towers, Radio and Television and Open-Air.Mo tion Picture establishments, in R-0 Districts, and on lots in R-1 Districts situated -251- in areas that have not.been urbanized. (16) Parks and athletic field, hippodromes) velodromes and other sports installations that requireextensive areas of land, on lots in R-0 Districts, and on lots in R-1 Districts situated in areas that have not been urbanized. (17) The following ag ricultural uses or uses related to agriculture, on lots of five (5) cuerdas ZT-he cuerda is 0-97 acre7 or more in R-Districts 'situated in areas that have not been urbanized: .(a) The raising of livestock, poul-tt-7, and other animals.. (b).- Plants for processing or packing agricultural products harvested. on the parcel of land. (c) -'Stands for the retail sale of products har- vested on the parcel of land, provided that each post is constructed at a distance of not less than six ("6) meters from the road line, that it has not more than one floor and that it does not occupy an area greater than twenty- five (25) square meters. (18) Commercial facilities of a local character in R-5 Districts, in apartment house projects for two hundred (200) or more housing units, in accordance with the following:.. (a) The commercial facilities to be permitted shall be calculated at the rate of fifteen (15) square feet,o.f.floor space for each housing unit.provided, -252- and these shall be located on the first floor of the apartment house closest to the neighbor- hood facilities required by the Regulation concern- ing Neighborhood Facilities ('Planning Regulation- No. 9). (b) The commercial facilities to be permitted shall be limited to the following uses: gire6eryas,tores, pharmacies, professional offices, cafeterias, soda fountains, bars, automatic laundries, bazaars, beauty salons and barber shops. (c) The floor space to be used for any particular use shall not exceed fifty percent (50%) of the total floor space to be permitted for the commercial facilities, and at least three (3) of the facilities for the uses indicated in the preceding clause shall be provided. 54.04 Conditions for Making Direct Authorizations. - The direct authorizations granted shall be subject to compliance with the conditions established in the other provisions of this Regulation. 54-05 Period of Effect.of the Decisions concerning Direct Authori- zations. - Any favorable decision concel-hi-Ing any direct authorization related to a permit for construction, use, or a sign, shall expire if, within one (1) year of the handing down of the decision, the corresponding permit has not been obtained. This period of validity shall, for all legal purposes, -253- be considered definitive, except that the period may be extended on the petition of the interested party when it is not considered that.such extension would be contrary to the public interest, and provided that the petition for the extension is submitted at least thirty (30) days before the date of expiration of the decision, with an indication of the reasons for thepetition, and.accompanying the petition, in addition, with evidence of the progress achieved with the preliminary plans, the construction plans, .studies and documents that the case may require. -254- TOPIC 17 VARIOUS PROVISIONS SECTION 55.00 INTERIOR AND SEMI-INTERIOR PATIOS 55.01 Interior Patios. Any open and-unoccupied space on which there open windows doors, which is completely enclosed by a building or by a building and a side lot line, shall be considered to be an interior patio. Its minimum dimen- sions shall be three (3) meters or one fifth of the vertical distance between the lowest level of the patio, whether this. is the ground level or the level of the roof pf a lower floor, and the maximum level of any wall, balcony or terrace that surrounds or borders on the said patio, whichever is the larger. The area of any interior patio shall not be less, at any level, than ten (10) square meters for each floor that the building has above the patio. 55.02 - Semi-Interibr Patios. - Any open and unoccupied space on which there open windows and doors, similar to an interior patio, except that one of its sides fronts on and opens toward a street or other open space within the same lot, shall be considered as a semi-interior patio. Its minimum dimension shall be three (3) meters or one-fifth (1/5) of the vertical distance between the lowest level of the patio, whether this is at ground level or the level of the roof of a lower floor, and the maximum level of any wall, balcony or terrace that surrounds or borders on the said patio, whichever is the larger. -255- SECTION 56.oo PENALTY AND ESCAPE CLAUSE 56.01 Penalty. - As provided by Law No. 213, approved May 12, 1942, and the laws amending that law, any person who violates the provisions of this Regulation and the Zoning Maps shall be guilty of a misdemeanor.. 56.02'- Escape Clause. - If any word, clause, phrase, section, topic or other.part of the preceding Regulation should be impugned for any reason before a court and be declared .unconstitutional or 'null, such a -judicial decision shall not affect, diminish or invalidate the -remaining provisions p. and'parts.of thi's Regulation",'but its effect shall be limited to the word, clause, phrase, section,,,topic or specific parts. thus declared unconstitutional or null; and the nullity or invalidity of any word, clause, phrase, section, topic or part, in any case, shall not be understood to affect or prejudice in any sense the application or validity in some other case. -256- PLANNING REGUIATION NUMBER (ZONING REGULATION) APPENDIX Free Associated State of Puerto Rid.00 OFFICE OF THE GOVERNOR PLANNING BOARD Santurce, Puerto Rico Rbsolution JP-190 DETERMINATION OF THE UNIT TO BE USED IN THE COMPUTING OF NEIGHBORHOOD FACILITIES IN APARTMENT HOUSE PROJECTS Under the provisions of Planning Regulation Number 9 (Regulation concerning Neighborhood Facilities), any project for.residential urban- ization,-i-ncluding apartment houses, that consists of sixty (60) or more housing units and/or lots must incorporate as a part of its development those neighborhood facilities thus established by the said regulation. These he ighborhood facilities shall be determined on the basis of the number of housing units, when apartment houses are concerned, as provided by the cited Planning Regulation No. 9. In those cases, each housing units shall be presumed to be the equivalent of one family, since it is the'components of the family whom it is inteded to serve with the required facilities. In the review or basic evaluation of a residential project, including apartment houses, there will be used principally the criteria and regulatory provisions of'Planning Regulation No. 4 (Zoning Regulation). The'Zonin Regulation establishes the per mitted population density in a particular zoning district, in a proportion of square meters of land (lot) per.family. The term family" is interpreted as equivalent to the term "housing unit". This interpretation, up to the present, has been coincidental with -258- the intej@,pretation that has been given to the same,terms in Planning Regulation No. 9. Howevev the-Zoning Regulation, in considering apartment house projects, introduces the term "basic housing unit" and makes it equivalent to, the term,"family" in-these-particular cases. (See Subsections 2.42, 11-05, 12.o4, 13.o6, 14-05, 15-05, 18-.05, 26.03 and 44.o3). This acceptance has brought up.diverse interpretations with, respect to the unit that shall serve as a basis for determining the neighborhood facilitie@sttha-tmmubtbbeiin6,1@ad&dwi-hl-@An aparz@,ment house project. Consequently,' and.with the specific purpose of clarifying any doubt that may arise in the calculation of the neighborhood facilities to be provided in a residential urbanization project, including apartment houses, this Planning Board AGREES that in the application of Planning Regulation Number 9 (Regulation conc erning Neighborhood Facilities) to residential urbanization projects, including apartment houses,,the term "housing unit".shall be equiva- lent to the term "basic housing unit" utilized in Planning Regulation Number 4 (Zoning Regulation) in those provisions of the regulation that are related'to the cons@ruction of apartment houses. PROVIDED THAT.this Board-reserves the authority to accept smaller extensions of land (between 40 square meters and 20 square meters per basic housing unit) than provided for in Planning Regulation'Number 9 (R6.gulation concerning Neighborhood Facilities) for the provision of the"neighborhood facilities in accordance with the characteristics and/or. -259- special conditions of the particular project. I CERTIFY: That the preceding is a faithful and exact copy of the resolution adopted by the Planning Board of Puerto Rico in its meeting carried out on May 17, 1972, and for notification and general. use, I issue this under my signature and the seal of the Board in San Juan, Puerto Rico, on May 30, 1972. TERESA BIAGGI LUGO Secretary ERMELINDA VERA Under., Secretary -260- Free Associated State of Puerto Rico OFFICE OF THE GOVERNOR PLANNING BOARD Santurce, Puerto.Rico Resolution JP-191 INTERPRETATIONS OF PROVISIONS OF PLANNING REGULATION.NO. 4 (ZONING REGULATION) Consonant with the powers granted by Law 2130of May 12, 1942, as amended, this Planning Board of Puerto Rico adopted amendments to Planning'Regulatio.n No. 4 (Zoning Regulation), on December 26, 1968, and December 11, 1969-- T.hese were' approved,by the.Honorable Governor of Pu'erto,Rico,.on January 7, 1970, 'and entered into force on February 6, 1970. In the. administration@of this Regulation,, as amended, there have arisen doubts concerning the interpretation of the content of some of the provisions. Consequently, for greater clarify in the application of these provisions and consonant with the provisions in Subsection 54.02, Clause.1 of P'lanning Regulation No. 4 (Zoning Regulation), this Planning Board of Puerto Rico INTERPRETS the content of the provisions of Planning Regulation No. 4 (Zoning Regulation) established in the following subsections: Subsection 2.07 - Gross Floor Space Exterior stairways at the leval of the first floor, that are no higher than one (1) meter over the ground level, shall not count as gross floor space. The ground level is the level of the specific site where the -261- stairway goes up to the first floor. Subsection 2.08 - Parking Area Parking area includes: (1) the spaces for stationing vehicles, (2) the turn-around areas and. (3) the sown areas in/or on the edges of the parking spaces. However, the sown areas shall not count in the calculation of the thirty percent (30%) maximum established in Subsection 11.13 of the Zoning Regulation. Parking areas do -not include the.accesses to those areas when the said accesses are outside of the limits of the parking area, prop- erly speaking. Subsection 4.02 Amendments to the Zoning Maps The evidence that is required to support petitions for amendment to the zoning maps includes: (1) the signatures of all the property- owners included (in the area which is the subject of the petition) and (2) a certification that attests to the fact that the bordering propertyI-owners and the owners of those properties within a distance of sixty (60) meters of the limits of the area proposed for rezoning, or at least twenty (20)of the properties closest to that area, have been notified of the intention to submit the proposed amendment. The said certification shall include the names and addresses of the persons notified. Subsection 6.02 - Uses in R-0 Districts By "products harvested on the parcel of land" it shall be under- stood that reference is being made to agricultural products that are produced in their natural form, directly on the lands where there is interest in establishing the stand for the sale ofthose products.- Meat is not a product harvested on the parcel of land in its natural form. Therefore, a meat market is not a stand for the sale of products harvesied.on the parcel of.land. Subsection 11.05 Population Density in R-5-Districts 1. The width of the street to be taken into consideration for the purposes of calculating the-permitted population density in the distr ict shall be the width of the street that con- stitutes the direct.vehicular access to the lot, independently of whether this may front on other streets of greater width. In the case of lots with vehicular accesses to more than one street, or where the.existing direct vehicular access to the 16tted&es not.constitute the direct.vehicular access to be considered for serving the project, and other special cases, shall be considered by the 3oard on its me r i"t.s -case* by'cas.61. 2. The determination of the widthlof the -street-to be.provided, to attain a grreatter population density for a lot, in the case of streets not included on an'Official Map or in'a Regulating Plan, depends on the discretion of the Board. In the evaluation of such proposals, the Board shall be guided by the following: The population density.that Subsection 11-05 permits shall be determined on the-basis of the size of the remainder of the lot after deducti ng the strip which it is proposed be donated or reserved for the widening of the street, and on the width accepted by the Board for the width of the direct vehicular access.to the lot. In these cases, the width accepted by the Board forthe street that is the direct vehicular access to the lot shall be considered to be the width of the existing street plus two, (2) times the width of the strip along-the edge that the Board determines to' be necessary for its future widening. In no case .shall proposals'be accepted for the consideration of street widths,-greatet than twenty (20) meters. IR projects for construction of housing for ten (10) orlmore fami-lies, where there has been acceptance of the donation of a strip of land for,future widening of a street where the widening works are not going to be a part of the h ousing project, the Board shall decide on the provisional use for the said strip of land. c. An increase of one hundred and thirty (130) square meters in the gross floor space to be permitted, will be conceded for each basic housing unit that is permitted on the basis of the increase that is given for the strips of lands to be donated for t.he widening of streets. Subsectid.-ni!113- .02 Uses in C-1 Districts Clause 17 Rooming- Houses A. rooming house is understood to mean, on the basis of -264- the provisions of Subsection 45-03 (6), a housing unit in which one family lives and paying guests are housed, which meets the other requirements of the Regulation. A rooming house does not mean a fraternity or sorority house. The following criteria shall be used to permit rooming houses in C-1 Districts: .1. The owner or administrator of the house shall reside in the housing that forms a part of the rooming house. 2. The minimum size of the lot shall not be less.than three hundred (300) square meters. 3. The number of bedrooms for guests shall not exceed seven (7). Nevertheless., the number of these mav be increased up to a maximum of twenty-five (25) bedrooms per rooming house, at the rate of one (1) bedroom,additional for each forty (40) square meters of lot area in excess of.the minimum size of lot required of three hundred (300) square meters. 4. The operation of bars, cafeterias, restaurants, soda fountains or coffee houses which are permittecl, shall be carried out, in accordance with the provisions c,tsq,,,as@an activity totally separate- from the rooming house. In these cases, the permit -that is issued shall contain the conditions that are necessary to protect the health and well-being of the na.1ghb'o.3@h'agd surrounding the-proposed rooming house. .Subsection 14.02 Uses in C-2 District-s Clause-2 - Rental of Automobiles The following activities may be considered as accessory uses currently related with the operation of a business of renting automobiles: 1. TT@[email protected];@tr;@iti@veo'o" fflceodfttheffirm. 2. Space for parking for the vehicles of the firm, the clients and the employees of the firm. 3- Washing and greasing exclusively (5frthe vehicles of the firm. 4. Minor repairs to the vehicles of the firm,-such as brakes, spark plugs, points, condensors, lights, horns and tires, excluding specifically complicated mechanical work that require the use of specialized equipment and all work that is related to sheet metal (1.e.. body work), painting or interior upholstery. The installation of gasoline pumps as an accessory use may be authorized by this Board on the basis of an exception. CERTIFY: That the preceding if a faithful and exact copy of the resolution adopted by the Planning Board of Puerto Rico in its meeting carried out on MtLy 17, 1972, and for its notification and general use, I issue this under my signature and the seal of the Board in San Juan, Puerto Rico, on May 30, 1972. TERESA BIAGGI LUGO Secretary ERMELINDA VERA Under Secretary -26-6- Free Associated S,tate.of.Puerto Rico OFFICE OF THE GOYERNOR PLANNING BOARD Santurce, Puerto Rico Resolution JP-192 CLARIFYING THE USE OF THE TERMS FAMILY, HOUSING UNIT AND BASIC HOUSING UNIT, IN RELATION TO CERTAIN PROVISIONS 0F THE ZONING REGULATION (PLANNING REGULATION NO. 4) In the administration of the amended Zoning Regulation, which entered into force on February 6, 1970, there have arisen different opinions as to the use of the terms "family", -Phousing unit" and "basic housing unit" in the determination of : (1) the-population density permitted and the number of required parking spaces in apartment house-projects in R-3, R-4, R-5, R-6, C-1, C-2, C-3 and C-6 Dist:i@icts andin projects for extensive residential developments, and 2) as to what constitukt@esaaneakte:n�i@verre�ide.kita@.@Lldd&,vd.(2@opm'e,'tnt. Consequently,-this Board has considered it appropriate to issue the following interpretations for each case, consonant with the provisions of Subsection 54.02, Clause 1,,of the Zoning Regulation. 1 - CALMATION OF POPULATION DENSITY FOR APARTMENT HOUSE PROJECTS The populationdensity to be permitted in a zoning district is determined on the basis of a proportion of square meters of land (lot) per,,�amily, in accordance with the-provisions of the Zoning Regulation. With the exception of projects for apartment houses, in other cases itthas always been understood m_;-ror there has always been provided - for each family one housing unit, independently of the number of bedrooms included in the housing. -26,7,- On the other hand, the Zoning Regulation,.in considering apartment house projects, introduces the term "basic housing unit" and provides that number of units shall not exceed the-number of families permitted. on the lot or -ppecific parcel of land.((See Subsections 2.42, 11-05, 12.04, 13.o6, 14,05, 15-05, 18-05, 26-03 and 44-03). The introduction of this term "basic.housing unit" and the provision that this includes three (3) bedrooms, provided a convenient mechanism to foster the diversification of different types of apartments for a project by means of a relationship between the number-,:,6fbbddrooms per apartment and the equivalent in terms of the basic housing unit. This measure facilitates a re-sponse to a demand generated in certain sectors, in particular with respect to one or various@types of apart- ments, without altering the population density permitted in the specific district'and at the same time introduces greater flexibility for the design of apartment houses. Considering the preceding exposition, th is Planning Board MAKES THE CLARIFICATION that, in the consideration of projects that include apartment houses, to be constructed in zoning districts where these are permitted, as well as in extensive residential developments, the term "family" shall.be equivalent to the term "basic housing unit" in the computation of the population density pertaining to the proposal. 2 CALCULATION OF THE PARKING AREAS REQUIRED FOR APARTMENT HOUSES In conformity with'the Zoning Regulation, the.determination of the number of-parking spaces for residential uses in the different zoning districts is based in proportion to the number of housing units. With the exception of projects that include apartment houses, the -268- term "housing unit", independently of the number of bedrooms,.is interpreted to be equivalent to a family, which term is used to calculate the pertinent density of a particular sector. Upon entering into consideration of projects that include., apartment houses, the Zoning Regulation (Planning Regulation No. 4), introduces the term.,"basic housing unit" (See Subsections 2.42, 11-05, l2.04,.l3.o6,.l4.05-, 15-05, @a8-05, 2.6.03 and.44.03). By the provisions of the regulation itself this term is interpreted to be'the equivalent of the term family and it is defined as a housing units that includes three (3) bedrooms. This interpretation and definition, combined with the.'description of the equivalence that is established between the number of bedrooms per apartment in terms of the basic, housing unit, pe rmits a greater distribution of ho using units of different types i-ftnthe apartment.house projects, without altering the population density. Nevertheless, the Regulation does not clarify the augmen@Atlveeffect, on the number of housing units, of this interpretation in the calculation of parking spaces required in projects that include apartment houses. This situation ha-a,-,- caused discrepancies among technicians,.persons-preparing projects and promoters of projects with respect to the unit that shall serve as a basis for the determination of the parking areas'to be provided for aa-pki@tib,,ularrpi@ej&,ct-,-for@,,h-*h.'Ich reason this Board has considered it appropriate to establish the criterion to follow in these cases. In accordance with the experience obtained in the development of apartment house projects, it has been concluded that the number of parking-spaces required for a project of this nature is directly r'e- lated to the housing unit independently of the number of bedrooms -26,9- these units may include in their distribution of internal space. This implies, therefore, that the parking area for these projects must be calculated on the basis of the housing units and,not on the "basic housing units". Because of all the preceding, this Planning Board MAKES THE .CLARIFICATION that, in the determination of the number of parking spaces required in apartmeht house projects, the basis to be used shall be the housing unit. 3 - DETERMINATION OF.WHAT CONSTITUTES AN EXTENSIVE RESIDENTIAL DEVELOPMENT.PROJECT. Subsection 41.01 of the Zoning Regulation establishes the con- ditions under which it is possible to consider a hous ing project as an extensive residential development. It is provided that, for this purpose, the project.must include a specific number of families on the basis of the urban population census of the municipality where it is proposed to locate the project. In conformity with the definitions that the Zoning Regulation itself offers for the.terms "family" and.1111housing unit", it can be understood that a family corresponds to a housing unit, independently of the number of bedrooms that the housing unit may include. For this reason, it could likewise be concluded that the number of families permitted in an extensive reside ntial project is equivalent to the number.of housing units to be provided. This deduction is consistent with the various extensive residential development projects with the exception of thos e that include apartment houses. In accordance with Subsection 44.03 of the Zoning Regulation, the popul ation.density in the extensive residential development.@@---.-;-_ -279- projects is determined, taking as a base the total contents of a lot or parcel of land-and on a proportion of.square meters of land (lot) per family. Thus, likewise, in this Subsection, there is introduced the term "basic housing unit" which, in accordance with the regulatory definition consist of three (3) bedrooms. It is provided that this type of basichhousing may'be converted into a larger number of smaller units on-the basis of the number of bed- rooms per apartment but it is made clear that the number of basic housing units shall'in no case exceed the number of families per- mitted 6n the lot or parcel-of land. It can be concluded, therefore, that the term "family", in these.cases, repre sents.an equivalent to a "basic housing unit". On the.ba-sis of the preceding exposition, this Planning Beard MAKES THE CLARIFICATION, by this resolution, that, in the determina- tion of what constitutes an extensive residential project and in questions concerning apartment houses, the term "family.,' shall be understood to.be the equivalent of a "basic housing unit". I CERTIFY: That the preceding is a faithful and exact copy of the resolution adopted by the Planning Board of Puerto Rico at its me.eti.ng carried out on May 17, 1972, and for its notification and general use, I issue thc*.,-s under my sighature,;@ind the seal of the Bond in San Juan, Puerto Rico,on May 3b, 19@2.. TERESA BIAGGI LUGO Secretary ERNELINDA VERA Under Secretary NOAA COASTAL SERVICES CTR LIBRARY 3 6668 14110039 8