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COM@- IONWEALTH OF PUERTO RICO OFFICE Of THE GOVERNOR PUERTO RICO PLANNING BOARD SANTURCE, PUERTO RICO 4 ZONING REGULATION FOR THE COASTAL ZONES AND THE ACCESS TO BEACHES AND COASTS OF PUERTO RICO (PLANNING REGULATION NO. 17) LAre Amciado de Pucm Riw OFICINA DEL GOBERNADON JUM de Phndicadft HT 169.8 T9 Z66 1983 no. 17 (Translation from the Official Spanish Text) Effective Date: March 31, 1983 - COMMONWEALTH OF PUERTO RICO OFFICE OF THE GOVERNOR PUERTO RICO PLANNING BOARD SANTURCE, PUERTO RICO US Department of Commerce NOAA Coastal Services Center Library 2234 South Hobson Avenue Charleston, SC 29405-2413 ZONING REGULATION FOR THE COASTAL ZONES AND THE ACCESS TO BEACHES AND COASTS OF PUERTO RICO (PLANNING REGULATION NO. 17), vrM2-1AVMWk@ ES=do LAwe Asociado de Puem Rim OFICINA DEL GOBERNADOIR juna de PhnffiaKift (Translation from the Official Spanish Text) Effective Date: March 31, 1983 COMMONWEALTH OF PUERTO RICO LA FORTALEZA SAN JUAN, PUERTO RICO ADMINISTRATIVE BULLETIN NUMBER 4o93-A EXECUTIVE ORDER OF THE GOVERNOR OF PUERTO RICO TO APPROVE THE ZONING REGULATION FOR THE COASTAL ZONES AND THE ACCESS TO BEACHES AND COASTS OF PUERTO RICO (PLANNING REGULARION NUMBER 17) WHEREAS, The Puerto Rico Planning Board, by virtue of the powers granted by the Act Number 75, June 24, 1975 as ammended, prepared the Zoning Regulation for the Coastal Zones and the Access to Beaches and Coasts of Puerto Rico (Planning Regulation Number 17) for the purpose of providing acces to the coasts. and beaches of Puerto Rico and to protect and direct the development of coastal land according to Its potential. WHEREAS, The Zoning Regulation for the Coastal Zones and the Access to Beaches and Coasts of Puerto R(co was presented on public hearings held on May 23, 27, 28, 29 and 30, 1980 in the municipalities of San Juan, Ponce, Fajardo, Vega Baja, Arecibo, Aguadilla,Mayaguez, Guinica, Guayama and Humacao. WHEREAS, The Planning Board, after complying with the require- ments of the Act Number 75, June 24 1975, as ammended, adopted the referenced regulation on November 24, 1982. THEREFORE, 1, Carlos Romero Barcel6, Governor of Pue.rto Rico,by virtue of the provisions of Act Number 75, June 24, .1975, as ammended, APPROVE the Zoning Regulation for the Coastal Zones and the Access to Beaches and Coasts of Puerto Rico (Planning Regulation Number 71), which shall take effect fifteen (15) days after this approval. The Planning Board shall comply with the provisions of Article 28 of Act Number 75, June 24, 1975, as ammended, regarding the publication of a summary or general description ofthis regulation in one or more newspapers of general publication in the Island .of Puerto Rico. In witness, thereof, I sign this executive order and affix thereto the Great Sea] of the Commonwealth of Puerto Rico, in the City of San 'Juan, today March 16, 1983. (S i gned) Carlos Romero Barce16 Promulgated according to the Law, today March 16, 1983. (S i gned) Carlos S. Quir6s Secretary of State COMMONWEALTH OF PUERTO RICO OFFICE OF THE GOVERNOR PLANNING BOARD OF PUERTO RICO SANTURCE, PUERTO RICO Resolution RP-17-0-82 ADOPTING THE ZONING REGULATION FOR THE COASTAL ZONES AND THE ACCESS TO BEACHES AND COASTS OF PUERTO RICO (PLANNING REGULATION NO. 17) The Puerto Rico Planning Board Organic Act, Act No. 75, June 24, 1975, as ammended, Article 16 (2), vested on the Board the Authority to Adopt a Regulation to Control the Uses of the Beaches, Public Beaches and other bodies of water. The Puerto Rico Coastal Zone Management Program, approved by the Planning Board by Resolution No. PU-002 June 22, 1978 and First Extension to 'the Resolution No. PU-002 September 13, 1978, recommended adopting a regulation permiting the citizens to have access to the beaches and coasts of Puerto Rico. The Planning Boardi in harmony with such recommendation, and considering the ever growing need fot recreational facilities in the country and, considering the existing trend to develop the coastal lands and, to limit the public access to beaches and coasts prepared the Zoning Regulation for the Coastal Zones and the Access to the Beaches and the Coasts of Puerto R(co..During the preparation of the Regulation, in order to support the legal aspect of the same, a legal study was conducted on the Public and Private Rights of the Beaches of Puerto Rico. Public hearings on the regulation were-held on.May 23, 27, 28, 29 and 30, 1980 in the Munrcipaiities of San Juan. Ponce, Fajardo, Vega Baja, Arecibo. Aguadilla, Mayaguez, Guinica, Guayama C--ft LA. &A-." d. a... 061CIN JUNTA *I PLAINFICACM., 0 2 Resolution RP-17-0-82 and Humacao. The Board, after considering the remarks,commentaries and recommendations from the general citizenry and organizations, reviewed the draft regulation adopting the pertinent changes. Based on the above, the Planning Board ADOPTED the the Zoning Coasts of Puerto Rico (Planning Regulation No. 17). CERTIFICATE: I certify that the preceding is a faithful and exact copy of the Resolution adopted by the Planning Board of Puerto Rico at the meeting held on November 24, 1982 and approved by the Governor on March 16, 1983, and for its notification and general use, I issue the present under my signature and the seal of the Planning Board, on San Juan, Puerto Rico today April 6, 1983. Luis A. Benitez Esq. CERTIFICO que esta Secretary es copia fiel y exacta del documento original y para que asi conste, firma la presente en San Juan, Puerto Rico a MAR 03 1987 Secretaria INTRODUCTION The C-onstitution of Puerto Rico statement of public policy .... the utmost efficient conservation of its resources, as well as the maximum development and 'utilization of the same,for the general benefit of the community," Constitution of Pue'rto Rico 1952, Article VI, Section 9, is the source of authority to regulate the uses and access to the coasts and beaches as well as protectinIg the coastal zones of Puerto Rico. In 1975, the Legislature of Puerto Rico granted to the Planning Board, in its Planning Act,. Article 16.2, Act No. 75., June 24, 1975, the power to adopt a Regulation to Control the Use of Beaches, Public Beaches and Other Bodies of Water. On June 22, 1977, the Governor of Puerto Rico approved a "Document on Policies and Obje ctives of the-Land Use Plans of Puerto Rico", adopted by the Planning Board on June 8, 1977, that stated as public policy number 17-04, paragraph 4, the rights of the citizenry to free access and enjoyment of the*beaches of Puerto Rico. The Planning Board in its Resolution No. PU-002 June 22, 1978, approved the "Coastal Zone of Puerto Rico Management Program" which was also approved by the Governor on July 112, 1978. The first extension to Resolution PU-002, approved by the Board on October 13, 1978, adopted and incorporated the "Access to the Beaches of Puerto Rico" as an element of the Coastal Zone of Puerto Rico Management Program. The Integral Development Plan of Puerto Rico, also makes-reference tQ the development and i.ntegral conservation of the coastal resources. Act No. 14, February 7, 1979, L i" smy ammended the Regulations and Permits Act. No. 76, June 24, 1975, maing mandatory, except in six (6) instances, providing public access to-the beach to all projects, as a condition to its approval. To provide adequate access to thecoasts and beaches of Puerto Rico and the optimun use of them.by the general citizenry is the main purpose of this regulation. Because of it, the following statement of main objective is made: That all visitors and residents of Puerto.Rico have equal opportunity, whenever practical, by right and in reality, to be able, be it by maritime or terrestrial means to enjoy the coasts- and specially beh beaches of Puerto Rico. Additional main 6bjectives are: To provide access to the coasts and beaches by making it a mandatory requirement to all new developments facing the maritime-terrestrial zone; to protect all natural reserve areas and the natural resources by not authorizing new subdivisions and/or development that coud destroy or deteriorate them. This regulation intent to Integrate this objectives and mandates@. Th e same Is organized in for parts. The first part deals with the-a ims of the Regulations and Definitions. The second and third part deals with the powers of the Board, specifically the power to approve or deny projects of land use and zoning: Second part - Projects and Third part 7.Zoning of the Coastal Zone. The Fourth part encompasses the different administrative procedures. and re-qu I rement. 6'. 4. 1401M 1AW C-!t,%A OIL G*UMIIADM L JUN I& a& PLAMW@ T A B L E 0 F C 0 N T E N T INTRODUCTION TABLE OF CONTENT I. FIRST PART GENERAL PROVISIONS AND DEFINITIONS SECTION: 1.00 - General Provisions 1.01 - Title 1.02 - Authority 1.03 - Application 1.04 - Exclusion of Beaches in Federal and Military Reservations 1.05 - Effective Date 1.06 - Terms Used 1.07 - Defined Terms 1.08 - Special Regulation in Puerto Rico's .Coastal Zones 1.09 - Provisions of Other Regulations 1.10 - Saving Clauses SECTION 2.00 - Definitions 2.01 - Accessibility 2.02 - Adequate Accessibility 2.03 - Limited Accessibility 2.04 - Controlled Accessibility 2.05 - Obstructed Accessibility 2.06 - Visual Psychic Access 2.07 - Maritime Access 2.08 - Pedestrian Access 2.09 - Vehicular Access 2.10 - Parking Areas 2.11 - Natural Reserve Area 2.12 - R.P.A. 2.13 - Public Beach 2.14 - Row Houses 2.15 - Conservation- 2.16 - Site Consultation- 2i17 - Coast 2.18 - Department of Natural Resources 2.19 - Buildings 2 2.20 - Apartment Buildings 2.21 - Official and Body 2.22 - Board 2', 2 3 Marine League 2.24 Lake Shore 2.25 Maritime Coast Line 2.26 Subdivision 2.27 Simple Subdivision 2.28 Works 2.29 Construction Permit 2.30 Person 2.31 Beach 2.32 Swimming Beach 2.33 Preservation 2.34 Project 2.35 Natural Resources 2.36 Resolution 2.37 - Lot 2.38 - Land 2.39 - Submerge Land 2.40 - Submerge Land Under Navigable Waters 2.41.- Agricultural Unit 2.42 - Housing Unit 2.43 - Development 2.44 - Non-Conforming Use 2.45 - Legal Non-Conforming Use 2.46 - Public Ways 2.47 - Coastal Zone 2.48 - Terrestial Maritime Zone 2.49 - Non-Urban Zone 2.50 - Urban Zone 2.51 - Zonification SECOND PART - PROJECTS SECCION .3.00- General Dispositions 3.01 - Public Access 3.02 - Separation Between Public Access 3.03 - Exemption to Provide Public Access 3.04 - Existing Public Access 3.05 - Separation Zones 3.06 - Natural Reserve Areas 3.07 - Historic Aesthetic, Recreational, Ecological and Cultural Sectors 3.08 Natural Character .am JWUFA 06 PLANJWAC@ 3- .3.09 - Intensity of the Development 3.10 - Disposition of Waters with Sanitary Discharges 3-.11 - Control of Erosion and Contamination of Bodies of Water --Garbage in Beaches and Coasts of Puerto Rico SECTION 4.00 - Subdivisions and Development 4.01 - Application 4.02 - Design of Public Access Way 4.03 - Line of Lots Facing the Coast 4.04 - Width of Public Ways 4.05 - Neighborhood Facilities 4.06 - Public Parking Facilities 4.07 - Subdivisions SECTION 5.00 - Other Land Development 5.01 - Application 5.02 - Design of Public Access Way 5.03 - Width of Public Ways 5.04,.- Public Parking Facilities 5.05 - Public beaches 5.06 - Trailer Camps SECTION. 6.00 - Apartment Buildings and Row Houses in Condominiums 6.01 - Application 6.02 - Design of Public Access Wa ys 6.03 - Width of Public Ways 6.04 - Neighborhood Facilities 6.05 - Public Parking Facilities 6.06 - Ocean View 6.07 - Bonus for Public Access SECTION' 7.00 - Government Construction Projects 7.01 - General Dispositions 7.02 - New Roads 7.03 - Rain Water Sewerage System 7.04 - Sanitary Sewerage Systems 7.05 - Design of Infrastructure Works SECTION 8.00 - Set Back of Buildings or Structures from the Terrestrial Maritime Limit and Shadow Studies 00,C!"A OIL W660%&O" ^oft 04 PkAftwMACAN -4- 8.01 - General Dispositions 8.02 - Exemption 8.03 - Concessions 8.04 - Building Shadow Study III. THIRD PART - ZONIFICATION OF THE COASTAL ZONE SECT-ION 9.00 - Maps and Types of Zoning Districts in the Coastal Zones 9.01 - General Dispositions 9.02 - Legal Aspects,of the Zoning Maps 9.03 - Projects.in Zoned Sectors 9.04 - Purposes of Districts in Zoning Maps of the Coastal Zone 9.05 - Other Zoning Districts 9.06 - Special Regulation in the Coastal Zones of Puerto Rico 9.07 - Types of Zoning Districts in the Coastal Zone SECTION 10.00 - District A-1: Agricultural One 10.01 - Purposes,of the District A-1 10.02. - Rezoning Policy in District A-1 10.03 Uses in District A-1 10.04 Heights in District A-1 10.05 Size of Farms in District A-1 10.06 Property Line Separation in District A-1 10.07 Buildings and Accessory Uses in District A-1 10.08 - Parking Areas in District A-1 10.09 - Loading and Unloading Spaces in District A-1 .10.10 - Signs and Advertisement in District A-1 SECTION 11.00 - District A-2: Agricultural Two 11.01 - Purposes of the District A-2 11.02 - Rezoning Policy in the District A-2 11.03 - Uses in District A-2 11.04 - Heights in District A-2 11.05 - Size of Farms.,in District A-2 11.106 - Property Line Separation in District A-2 11.07 - Building and Accessory Uses in -5- District A-2 11-08 - Parking Areas in Districts A-2 11-09 - Loading and Unloading Spaces in Districts A-2 .11-10 - Signs and Advertisement in District A-2 SECTION 12.00 - District A-3: Agricultural Three 12.01 - Purposes of the District A-3 12.02 - Rezoning Policy in the District A-3 12.03 - Uses on District A-3 12.04 - Height in District A-3 12.05 - Size of Farms in District A-3 1.2.06- Property Line Separation in District A-3 12.07 -.Building and Accessory Uses in District A-3 12.08 - Parking Areas in District A-3 12 . 09F-Loading and Unloading Spaces in District A-3 12.10 - Signs and Advertisement in District A-3 SECTION 13.00 - District AD: Developed Areas 13.01 - Purposes of District AD 13.02 - Uses in District AD 13.03 - Subdivision in District AD 13.04 - Construction in District AD 13.05 - Density in District AD SECTION 14.00 - District B-1: Intetior Forests 14.01 - Purposes of District B-1 14.02 - Rezoning Policies in District B-1 14.03 - Uses in District B-1 14.04 - Heights in District B-1 14.05 - Farm Sizes in District B-1 14.06 - Property Line Separation in District B-1 14.07 - Buildings and Accessory Uses in District B_ 1 14.08 - Parking Areas in District B-1 14.09 - Loading and Unloading Spaces in District B-1 14.10 Sings and Advertisements in District B-1 0,.c 'M Mae" -6- SECTION 15.00 - District B-2 Mangrove Forests 15.01 - Purposes of the District B-2 15.02 - Types of Mangroves 15-.03 - Uses in District B-2 15.04 - Signs and advertisements in District B-2 15.05 - Subdivision in District B-2 15.06 - Accessibility SECTION 16.0.0 - District B-3- Dry Forest 16.01 - Purposes of the District B-3 16.02 - Rezoning-Policies in District B-3 16.03 - Uses in District B-3 .16.04 - Heights in District B-3 16.05 - Farm Sizes in District B-3 16.06 - Boundary Line Separation in District B-3 16.07 - Building and Accessory Uses in District B-3 16.08 Parking Areas in District B-3 16..09 - Loading and Unloading Spaces in District B-3 16.10 - Signs in District B-3 SECTION 17.00 - District CR: Conservation of Resources 17.01 - Purposes of District CR 17.02 - Uses in District CR 17.03 - Construction in District CR 11.04 - Parking Areas in District CR 17.05 - Signs and Advertisements in District CR 17.06 - Subdivisions in District,CR 17.07 - Accessibility "ftw1h Of NA"WMACHM 7- SECTION 18.00 District CRR: Resources Conservation and Restoration 18.01.- Purposes of the District CRR 18.02 - Uses in District CRR 18.03 - Excavations Demolitions or Constructions in District CRR 18.04 - Signs and Advertisements in District CRR 18.05 - Subdivision in District CRR 18.06 - Accessibility SECTION 19.00 - District DM: Mining Development 19.01 - Purposes of the District DM 19.02 - Zoning Policies in District DM 19.03 - Uses in District DM 19.04 - Heights in District DM 19.05 - Subdivisions in District DM 19.06 - Parking Spaces in District DM 19.07 - Loading and Unloading Spaces in District DM 19.08 - Puerto Rico Mineral Resources Development Corporation SECTION 20.00 - District PM: Fishing and Aquaculture 20.01 - Purposes of Districts PM 20.02 - Uses in District PM 20.03 - Subdivision 20.04 - Construction in Districts PM 20.05 - Accessibility SECTION 21.00 - District PP: Public Beaches 21.01 - Purpuoses of District PP 21.02 - Uses in District PP 21.03 - Concessions, Franchises, Permits and Leases 21.04 - Subdivision in District PP 21.05 - Construction in District PP 21.06 - Signs and advertisements in District PP 21.07 - Accessibility 21.08 - Public Beaches SECTION 22.00 - District PR: Resources Reservation 21.01 - Purposes of District PR 22-02 - Uses in District PR 8 22.03 Signs and Advertisements in District PR 22.04 - Subdivisions in District PR 22-.05 - Construction in District PR 22.06 - Accessibility SECTION 23.00 - District RE: Scenic Route 23.01 - Purposes of District RE 23.02 - Uses in District RE 23.03 - Construction in District RE 23.04 - Demolitions in District RE 23.05-- Signs and Advertisements in District RE 23.06 - Subdivisions in District RE IV FOURTH PART - PROCEDURES AND REGULATION ADMINISTRATION SECTION 24.00 - Projects Procedures 24.01 - General Dispositions 24.02 - Limits of Maritime - Terrestrial Zone 24.03 - Environmental Forms 24.04 - Executive Summary 24.05 - Public Hearings 24.06 - Department of Natural Resources Endorsement 24.07 - Agencies Remarks 24,08 - Resolution 24.09 - Dissaproval of Special Cases SECTION 25.00 - Zonings Procedures for the Coastal Zones 25.01 - General Disposition - Requirements for the Petition 25.03 - Other Party Properties and the District PR 25.04 - District Limits 25.05 - Amendments to the Coastal Zones Zoning Maps 25.06 - General Welfare 25.07 - Public. Hearings 25.08 - Resolution Designating the Coastal Zone Zoning Districts 25.09 - Effective Date of the Zoning Maps 25.10 - Effective Date of Amendments.to -9- C:.qe Zoning @Iaps SECTION 26.00 - Requirements and Issuance of Permits 26.01 - General Disposition 26j.02- Permits Requirement 26* -03- Issuance of Permits 26.04 - Permits Relat,ed with Public Ways 26.05 - Permits Related with Airport Zones 26.06 - Legal Non-Conforming Permits 26.07 - Discontinuation of NON-Conforming Legal Uses 26.08 - Permits Related to Constructions, Alterations, Expansion or Repairs in Non Conforming Legal Properties 26.09 - Effective Dates of the Decision on Permits SECTION 27.00 - Variations (Concessions) 27.01 - General Dispositions 27.02 - Initiative 27.03 - Public Hearings 27.04 - Criterias for Granting Variations (Concessions) 27.05-- Conditions for Granting Variations (Concessions) 27.06 - Effectives Dates of the Decisions on Variations (Concessions) SECTION 28.00 - Exceptions (Direct Authorization) 28.01 - General Dispositions 28.02 - Other Uses Permitted-in District Al 28.03 - Other Uses Permitted in District A2 28.04 - Other Uses Permitted in District A3 28.05 - Other Uses Permitted in District B1 and B3 28.06 - Other Uses Permitted in District CR 28.07 - Minimum and Maximum Size of the Lot 28.08 - Conditions to Grant Exceptions Direct Authorization) 28.09 - Effective Dates of the Decisions on Exceptions (Direct Authorization) 28.10 - Public Hearings SECTION 29.00 - Special Procedures 29.01 - Penalties and Procedures _10- 2 9. 0 2 - Temporary Orders 29.03 - Recources of Mandamus, Interdiction 'Law Suits 29.04 - Orders to do or Not to do and to Cease or Desist 29.05 --Permits Violations 29.06 - Administrative Fines 29.07 - Citations 29.08 - Misdemeanor 29.09 - Obstructing the Access to the Coast or the Beaches 29.10 - Signs or Floating Buoys Prohibiting the Access to the Coast or the Beaches. 29.11 - Bond 29.12 - Forfeiture of Bond 29.13 - Board of Appeals 29.14 - Reconsideration 29.15 - Review by the Superior Court SECTION 30.00 - Derogatory Disposition and Saving Clauses 30.01 - Regulation for the Hydrographic. Basin of the Tortuguero Lagoon 30.02 - Dispositions on the Set Back of Buildings and Structures from the Maritime Limit Contain in the Urban Zoning Regulation and the Tourist Interest Zones Regulation 30.03 Special Norms for the Parguera Area in the Lajas Municipality 30.04 - Special Norms in the Municipality of Culebra 30.05 - Airport and Flood-Prone Zones APPENDIX ZON I Nr, REGULAT I ON FOR THE COASTAL ZONES AND %@ - S 0 F P U E R 7 0 R i HE ES S TO BEACHES AND -OAS FIRST PART GENERAL PROVISION AND DEFINITIONS. Section 1.00 - GENERAL PROVISIONS 1.01 - Ti-tle - Planning Regulation Number 17; to control and guide the use an d develpment of lands and bodies of water in the coastal zones of Puerto Rico, its beaches and coasts; to require, prohibit or encourage, based on the general welfare, the access to the beaches of Puerto Rico; will be know as the "Zoning Regulation for the Coastal Zones and the Access to Beaches and Coasts of Puerto Rico." 1.02 Authority This regulation is adopted in conformity with the provisions of Act No. 75, June 24, 1975, (Articles 11 (4), 16 (1), 16 (2) and 27, the Puerto Rico Planning Board Organic Act, as ammended. 1.03 Application The provisions of this regulation will apply to and cover: 11. All construction, reconstruction, demolition or changes, subdivisions, developments and other projects proposed for the Coastal Zones of Puerto Rico and adjacent Islands within Its j u r i s d i c t i o n 2. All public land transactions, within the coastal zones of Puerto Rico, cond-ucted by officials or body of the.Government of Puerto GP,C..A Oft 0081 2 Rico. 3--.All lands within.the Coastal Zones of Puerto Rico including submerge lands, navigable submerge lands, contiguous to Puerto Rico and adjacent islands within its jurisdiction, when deem necessary to the implementation of this regulation. 4. All persons, natural or legal, public or private and any combination of them. 1.04 Exclussion of Beaches in Federa') Military Reservations The coasts and beaches reserved by the Government of the United States for nation'al security uses, are excluded from the provisions of this regulation.. 1.05 Effective Date - This regulation and its ammendments, will become effective fifteen (15) days after its approval by the Governor as established in Article 28 of Act No. 75, June 24, 1975. (23 L.P.R.A., Section 63). 1.06 Term Used - When justified by its use in this regulation, it will be understood that all words used In the singular also include the plural and vice versa, likewise, the masculine form will include the feminine and vice versa. JWTA Of RA-4K.C$00 3 1.07 Terms Defined - The terms defined in this regulation, provided that they are employed in their context and to all its effects, will have the meaning that is expressed for each term. 1.08 Special Regulation in the Coastal Zones of Puerto Rico - The Board can adopt special regulations for the Special Planning and Natural Reserve Areas of the Coastal Zone Management Program and for othersectors that because of essentially different characteristics and other particulars, justify that some of the norms of this regulation be changed. The special regul.ation, within the Coastal Zone of Puerto Rico, will be considered as part of this regulation and in those beaches and coasts under this special regulation and the disposition of this regulation, will be of a supplemental nature, provided there is no confl-ict with the spectal norms. The special regulation will be framed on this sections and in Sections 1.09 and from 9.01 to 9.07 of this regulation. 1.09 Provisions of Other Regulations In respect to the other planning regulations the following norms will apply.- 1. The provision of this regulation will prevail over and will be complemented by 4 the provisions of any other regulation in force adopted by the Planning Board, Its application will be concurrent as faIr as its compatibil ity with the purposes of this regulation. 2. The provisions of the Zoning Regulation (Planning Regularion Number 4) which applies within the Coastal Zone of Puerto Rico, and not specifically substituted by some provisions nor, in opposition to particular norms of this regulation, is considered to apply as part of this regulation. 3. The dispositions included in special regulation, deal'ing particularily and In depth on aspects and particular characteristics of a sector of land or special subject, will prevail over the norms of this regulation.. 1.10 Saving Clauses If any provisions of this regulatior its Interpretation or application in respect to any person or circumstances is adjudged unconstitutional or voided, s uch judgement will not affect other provisions of the regulation that can remain in effect without recurring to the provision voided. Secti.on 2.00 DEFINITIONS The. following terms and phrases shall have the meaning stated below, except where a different meaning clearly appe ars from the text: 2.01 Accessibil ity The quality of reaching the destination. 2.02 Adequate Accessibility - When there are no legal or physical barrier preventing the public access to the coast, publich beach, lake shore; either by water or land, and in.the latter, the walking distance is, of approximately, one hundred and fif ty. (150) meters from a public highway. 2.03 Limited Accessibility When the presence.of a line of hou.-ses, buildings, fences or other barriers, requires owners authorization to cross empty lots or dead end-streets in order to reach the coast, beaches or lake shore. 2.04 Control Accessibility - When, in order to reach the coast or the beach you must pass a guarded place, who determines who can use the access to the coast, beach or la.ke shore. 2.05 Obstructed Accessibility - When the presence of physical and/or legal obstruction prevent from reaching the coast, beach or lake shore. Pow. tA" &-ftftoft Am 04 P%ANWWAOM 6 Ps'/ch7c-visual Access When the imere s' contemplation of the landscape from a terrace, observation point, parking area or any high point produces in the mind of the, observer, various spiritual satisfaction. 2.07 Maritime Access Entrance or passage way,through which sail boats, row boats, motor boats, boats or a similar vehicle can reach, from the sea or ocean, the beach or coast. 2.08 Pedestrian Access Special public way for - pedestrians, provided with side walks when required, to facilitate the-access to pedestrians and handi,capped, from an existing public way to the coast, beach or lake shore. 2.09 Vehicular Access - Public way or higway permiting automobiles or other motor vehicles access to the coast, beach or lake shore. 2.10 Parking Area -.Area dedicated exclusively to the temporary parking of vehicles. 2.11 Natural Reserve Areas - Those areas, that due to their physical, ecological, geographics characteristics and the social value of natural resources in them, justify Its conservation, preservation or restoration to its natural condition in accordance with the objectives and public policies OF'C'14A W. OMMACOG JUX 'A 22 PLANOWAICION 7 -or Land Use P I a n ,adopted 'ty t h eBoar- '@ :)n 8, 1977 and approved by the Governor on June 22, 1977. 2.12 Regulations and Permits Administration Government Body created by Act No. 76, June 24, 1975, as ammended, known as the "Regulation and Permits Administration Organic Act." 2.13 Recreational Beaches - Coastal recreational center with minimum roads, parking, sanitary services and shower facilities, among other, whose principal use is bathing.and swimming. 2.14 Row Houses - Series of two or more independent housing units, adjacent, joined laterally by party walls, forming a single unit. 2.15 Conservation The care and protection of a sector designated as,a natural, cultural or ecological valuable resource to improve and maintain its natural condition and characteristics; permiting its limited and careful utilization of the resource. 2.16 Site Consultation - The procedure by means of which the Planning Board evaluates, pass judgement and take the necessary action or proposed land uses not permitted in the applicable regulations in zoned areas. For non-zoned areas, this include proposed land uses, that due to its nature,.complexity, magnitute, physical Impact, economic,environmental and social characteristics could significantly 8 af fect the development of a sector. 2. 17 Coast The shore I ine or border of a country facing the sea or ocean, formed by the line which is.the mean low tide. in 2.18 Department of Natural Resources (DNR) Government Body created by Act No. 23, June 20, 1972, as ammended. 2.19 Building - Any type of structure erected, constructed, fixed or situated by manis hand in or above the ground or water, to be occupied, either permanently or temporally by persons, animals or properties. 2.20 Apartment*Buildings - A building for three or more families living in independent dwelling units, excepting row houses. 2.21 Official and Body - The Government of Puerto Rico, or any of its parts, officea bureaus, departments, commissions, dependencies, goverment instrumen- talities orcorporations or municipalities. their agents, officers or employees. 2.22 Board - Th e Puerto Rico Planning Board as a collegiate body, inclusively when, pursuant to.the provisions of Act No. 75, June 24, 1975, It functions divided into parts. %.-.ft a pw@ 4" 9 -eague linear measure eq',.jivallen" 3 .'!a r i n e L 5,555-55 linear meters or to a marine.mile of 1 851.83 linear meters. 2.24 - La.ke shore - Shores of a lake or lagoon. 2.25 - maritime Coast Line - Sea or ocean shores. 2.26 - Subdivision - The division orsubdivision of a lot, tract or par cel of land into two (2) or more parts for sale, transfer, assignment, lease, donation, usufruct, use, census, trust, division of inheritance or community, or for any other transaction; the constitution of a community of property on a lot tract or parcel of land where sp ecific lots are assigned to the joint owners; as we-111 as for the construction of one or more building; and includes an urbanizations as well as a mere segregation. 2.27 Simple Subdivision That subdivision on which all development-works are already constructed, or where said works are vey simple and the subdivision does not exceed ten (10) lots, taking into consideration for the computation of the ten lots the subdivision of the tracts originally formed a s well as the subdiv.ision of.the.remainder of the original tract. 2.28 Works - Building and structures, including the Improvement and works carried out on the land to Jacilitate or complement the construction thereof atilt 11 LAF40211L buftwo 10 as well as the improvements and installations necessary for the use, segregations, subdivision or development of lands. 2. 29 Construction Permit - Written authorization, issued by the Regulations and Permits Authorization in accordance with the applicable laws and regulations for the construction of work. 2.30 Person Any natural or artificial, public or private person and any group thereof. 2.31 Beach - Ocean or sea coast line formed of firm sand, gentle slope, occassionally fine gravel, including the adjointing portion of water contiguous to the shore. Beaches are non-stable geological formations whi*ch can inward, toward the sea, retreat from it or disappear. 2.32 Swimmable Beach - A clean sand,.clear and calm water, free of currents and under currents, free of stones and mud, sage for swimming and*recreational activities. 2.33 Preservation - Care and protection given to a sector designate-d as a unique natural, cultural o.r ecological resource, to preserve its primitive condition and unique characteristics so that it may be ultimately studied, contemplated and enjoyed, in a restricted limited and controlled form. OrIct" 011 ww'""M 2.34 - Project - Includes land site consultation for terrain developments, preliminary plan-s, preliminary developments, construction plans, subdivisions, developments and buildings. 2.35 Natural Resources - Things such as water, air, light, sea, beaches, land, forests, wildlife, minera)s, all in their primitive stage; of singular importance to human beings to use as raw material, food, energy sources and for the i r physical and spiritual needs. 2.36 Resolution - Document or re port containing an agreement or decision adopted by the Planning Board-pr the Regulations and Permit Administration. 2.37 Lot - Tract of land either regi-stered or registable in the Property Registry as an independent farm or its subdivision has been approved by the Board or the Administration. 2.38 Lands - Includes land as well as water, the space over the same or the land underneath. 2.39 Submerge Land - Land or terrain which is permanently or periodically covered bV water up to, but not over the high tide mean line, in beaches, bay, lakes, swamps and other bodies of water. 2.40 Submerge Land Under Navigable Water - Includes the land submerged under navigable water in Puerto Rico rncn iMft Ub. "won& a ft@ ......... 12 and adjacentislands to a distance of three (,3) marines leagues, equivalent to nine C9) nautical miles and to 10.35 terrestrial miles; measured from the coast line, as it has or could be modified by erosion, waterset back or accretion. 2.41 Agricultural Unit Tract of land consisting of one or more or portions of farms, which,operate as an operational unit, including the structures and accessory uses incidental to the same. 2.42 Housing Unit - A building or part of which is used as a on-e family residence, except in the case of apartment buildings were it is equivalent to the term basic housing unit in accordance with Section 44.03, Zoning Regulation No. 4. 2.43 Development - Any segregation, division or subdivision of a tract of land which, because of the work to be carried for the formation of lots, is not compris.ed within the term "simple subdivision, as defined and it shall include the development of any tract of land for the construction of any building or buildings of eleven 01) or more dwellings." 2.44 Non-Conforming - Use or conditionof a property that does not harmonize with the provisions of this regulation. J!+!j Alft I^*. %ft OMM OW ,,MEN# MW'dr- AMIA at 13 2.4D Legai iNon-Conrormity rondition or use oF a which does not comply in location, size or operation with the provisions of this regulation or the zoning district in which located but, existed legally at the effective date of this Regulation, Zoning Map. or an Officiai Map for the area, or amendments thereto. 2.46 Public Ways - Those trails, paths, foot paths roads drive, narrow lane, street, highways, viaduct, bridges, avenues, bouleyard, expressway and other access, or part thereof, operated, conserved or maintain by the state or municipal government, for public use. 2.47 - Coastal Zone Strip of coastal land and adjacent water to Puerto Rico and contiguous islands within its jurisdiction, outlined by the Department of Natural Resources and approved by the Planning Board and the Governor of Puerto Rico, extending in land one thousand (11,000) lineal meters from the coast line and an additional distance as far as necessary, to Insure the inclusion of key natural systems of -the coast as well as the water and ocean floors that extends in water, three (3) marine leagues 00.35 terrestrial miles.) 2.48 Terrestrial Maritime Zone Shore line of Puerto Rico affected by high and low tide, tidai. action, tidal action under hurricane condition, including land rescued f rom the sea and r I ve r banks ulr to the . po i nt G.ftft UW. baft a am AWTA CK WCACIM W. 092 in which they become navigable or sensible to tidal actions. 2.49 Non-Urban Zones The land within the jurisdiction of Puerto Rico, including the rural area zone, not designated as urban districts by the Planning Board,including land as well as interior bodies of water, the coastal zone excepting its urban districts, the*terrestrial maritime zone and Puerto Rico's territorial sea. 2.50 Urban Zones - Is synonymous with urban area and consisvof the lands within the perimeter or circumference of the urban expansion fixed by the Planning Board in the Urban Expansion Maps for each municipality. 2.51 Zoning - The designation of specific areas of l1and in districts; the application in each district of norms dealing with the structural and architectonic design of buildings andvorks and the land uses to be permitted in each designated district. SECOND PA RT PROJECTS SECTION 3 .06 - GENERAL DISPOSITIONS 3.01 - PublicAccess - All projects authorized, contiguous to the maritime coast line or lake shore, will be required to provide one or more public access way through or bordering the project, from the public' way providing access to the project, reaching another public way parallel to the coast or the coast proper, the beach or lake shore. The ways will be dedicated to public use by means of a public deed onbehalf Of the municipality were the project is located or the Department of Transportation and Public Works, or by the approval of a Registration Plan and the public deed, whichever applies. These access ways will be properly identified with the name of the beach,or the special interest sector any other pertinent information. 3.02 Separation Between Public Access - When it is not possible to provide public access by means of a continuous public way which Is contiguous and approximately parallel to the coast, beach or lake shore, the separation between the public access will comply with the following criterias: a. In Urban Districts Zoned Area, as established in the Zoning Regiulation (Planning Regulation 16- No. 4) a maximum separation of eiphthundred (800) meters between vehicular access and of four hundred (400) meters between a pedestrian access, will.be observed. For projects in lots segretated prior to the effective date of this regulation, the separation can be increased to twelve hundred (1200) meters between vehicular access and up to six hundred (600) meters between a pedestrian access and any other access, if there are any problem complying with the previous maximum. b. in, Non-Urban Districts Zoned Areas, the maximum separation observed will be of sixteen hundreds (1600) meters between vehicular access and of four hundred (400) meters between a pedestrian access and any other access. 3.03 Exemption to Provide Public Access - Some projects can be exempted from the requirement of providing access to the coast, beach or lake shore, when one of the following conditions exits: a. When adequate public access to the coast, public beach or lake is available at a distance less than the maximum separation between access permitted by the regulation. b. The topography of the terrain makes the access insurmountable to the pu6lic. 17 c The proposed development is a relatively s*mall project - The lot to be develop does not.exceed two thousand (2000) square meters. d. When the limitations of the coastal resources can not withstand the intensive use by the public, or providing additional access will result in a utilization greater than the estimated capacity of the coast- public beach or lake shore. e. It is advisable for public security reasons or the sector is darvgerous.for sport or recreational activities. f. The-proposed access adversely affect the natural resources or the agricultural unit. 3.04 Existing Public Access - Public access to beaches., coast and lake shore will be kept free of obstructions. The unauthorized construction of fences, barriers, maritime buoys with "No Tresspasing" signs or similar warmings, the excava- -tion of the pavement or ditches, accross the publ ic access or the construction of structures within the right of way.of the access will be considered as obstructing the access and a violation of this regulation. 18 3.05 Separation Zone All construction projects for buildings, subdivision or developments facing the coast or beaches of Puerto Rico, the Board requires that a strip of land of at least twenty (20) me ter wide, parallel to and measure from the terrestrial maritime zone, be dedicated to public use. Additional, no permanent structures will be erected within a strip of land of thirty (30) meters wide, con tiguous to the former. 3.06 Natural Reserve Areas New subdivisions, projects or development that could.destroy or deteriorate Natural Reserve Areas, coast or beaches, or other important natural resources recognized or designated for preservation by the Department of Natural Resources, Environmental Quality Board or that the Planning Board has so determine based on its own analysis, are prohibited. 3.07 Historic, Aesthetic, Recreational, Ecological and Cultural Se*ctors. - Projects near or contiguous to -the coasts and beaches of Puerto Rico and adjacent islands within its jurisdiction that could deteriorate or destroy important historic, aesthetic, ree'reational, ecological or cultural areas recognized .orrecommended for preservation.or conservation by the Department of Natural Resources, the Environmental Quality Board or the Planning Board, will be exhaustiveiv analvsed. 19 3.08 Natural Character - All authorized land development works contiguous to the coast and beaches will retain the vegetation natural character, topographical traits, coastal forms and a positive balance of the natural environment over the development, except when it is desirable to provide access and the vegetation is so dense that impedes it. 3.09 Intensity of the Development - To protect the tremendous potential of the non-urban land in the coastal zone, specially the land contiguous to the terrestrial maritime zone, for recreation, contemplation and spiritual relaxation, the .intense development parallel to the, coast will be avoided to the maximum, stimulating and promoting that the land be maintain in its natural state and the uses authorize harmonize with the potential of the coastal sector. 3.10 Disposition of Waters with Sanitary Discharges-- -The sanitary discharges to the beaches and contiguous bodies of water, are prohibited in the beach and lake shore sectors. Such discharges can be permitted along the re,st of maritime coast line when positively deomnstrated that the waters along the coast have the capacity to'absorp the liquid waste and there is no detrimental effect 20 on the ecological systems or human.beings and is approved by the Environmental Quality Board. 3. 11 Control of Erosion and Contamination of Bodies of Water - All projects in a tract of land in excess of two thousand (2,000) square meters in which there will be.earth movement or the use of contaminants, will prepare and submitt plans for erosion and contamination of bodies of water control, with comments and endorsements by the Environmental Quality Board, Soil Conservation District Office and the Department of Natural Resources. The preventive measures recommended in the plan will be observed during the construction phase, additionally the permanent measures recommended will be provided as part of the project. 3.12 Garbage in Beaches and Coasts of Puerto Rico All projects contiguous to a beach will provide sufficient garbage cans and an efficient garbage collection system, to include the beach sector. All persons dispersing garbage on the coast and beaches of Puerto Rico will do so in violation of Section 29.08 of this Regulation. Sao ^.M ftw omwe" AWM 2 1 SECTION 4.00 - SUBDIVISIONS AND DEVELOPMENT 4.01 - Application The dispositions of this section will apply to all subdivisions and land developments projects within the Coastal Zone. In the subdivisions within the scope of this regulation, the most restrictive controls will prevail when there is conflict with the Planning. Regulation No. 3. For development projects the dispositions of the Planning Regulations No. 3 will apply as well as the.existing supplementary norms. Simple subdivisions (Planning Regulation No. If-) will not be authorized in land contiguous to the terrestrial maritime zone. In cases were the interested person in the simple subdivision understand that this disposition is an unreasonable restriction or prohibition of his right to use his property or belonging, the case should be presented by means of the site consultation process, to the consideration and action of the Planning Board. 4.02 Design of Public Access Way a. For the cases that do not require site consultation prior to approving the preliminary development to form lots contiguous to or facing the coasts, beaches or lake,shores, the RPA will submitt to the AWN a PLANWILISM 22 Board a plan.or plans, indicating the schematic alignment and the width of the O-ub)ic access way to the separation zone contiguous to the affected coast or lake shore. Within a period of thirty (30) days, the Board can oppose the location, alignment or width of the access way- If no action is taken during the indicated period of time it will be understood that there are no objections to the proposal. b. In cases were the development is contiguous to the terrestrial maritime zone and requires land site consultation, the design of the public access way will be part of the land site and land use consultation, to be submitted in accordance with existing procedures. c. In cases were the land is within the coastal zone but not contiguous to the terrestrial maritime zone, the Board can require the design of the public access way, if appropriate or convenient. The projects that do not require land site consultation will follow procedures established In sub-section 4.02 (a) above. 23 4.03 Line of Lots Facing the Coast When the project consist of a line of individual lots parallel and co nt-iguous to the terrestrial maritime zone or Take shore, the same will be separated from the separation zone of 20 meters minimum width, by a public street serving as the principal access to the same. 4.04 Width of the Public Ways The width of the public way serving as access to the separation zone contiguous to the coast, beach or lake shore, will be proportional to the project ormagnitude of the population that can or will use the coast, beach or lake-shore, for recreational.purposes. It will correspond to the minimum establish in the Subdivision Regulation but never less than eleven (11) meters wide for vehicular access nor three (3) meter wide for pedestrian access. 4.05 Neighborhood Facilities - When the projects require that portions of land be dedicated to recreational -uses as part of the neighborhood facilities and the topography and other terrain conditions permits it, this will be located contiguous to the separation zone limits of twenty (20) meter in width, minimum, or to the lake shore and will be developed for activities harmonizing with t he uses'of the contiguous coast, beaches, lakes, or lagoons. U10 LOW MMMO do ftMW O"O"Oft JUMM0% 24 4.06 Public Parking Facilities - Contiguous to the separation zone of twenty (20) meters a minimum of one (1) public parking space for each ten (10) housing units will be provided, but never less than three (3) spaces. The Board can require more or less parking spaces, in the proportion that justifies each specific project. 4.07 Subdivisions The minimum area of the lots to be segregated will be in accordance with the subdivision regulation and the existing' zonification for the area subdivided. mama& 25 SECTION 5-.00 - OTHER LAND DEVELOPMENTS 5.01 - Application - The dispositions of this section will apply to other land development projects not necessarily developments and land segregation, located within the coastal zone. Such dispositions will apply when the Board authorizes a coastal development such as: public beaches, marinas, tourist or vacational centers, trailers or recreational camps, recreational , sports, portuaries or industrial complex, cementery and other related uses to the coastal zone. 5.02 Design-of Public Access Way - All land site and land use consultation prese nted to the Board, for the development of a complex or other special uses located con tiguous to the terrestrial maritime zone or lake shore, will be accompanied by the proposed schematic alignment of-the public access way to the separation zone contiguous to the affected coast, public beach or lake shore. In these cases priority will be given to provide a public access way between the,and parallel to, the separation zone, and the lot to be developed. InIcases- were the land is within the coastal zone but not contiguous to the terrestrial maritime zone, the Board can require the design of public !7 k!'ff'JJJhk Ima Ub. A..dft OFICIfth Oft 40K coo JkWfA 04 PLAWWACM 26 access way when necessary or convenient based on public interest. 5.03 Width of Public Ways The width of the public ways providing access to separation zone contiguous to the coast, public beach or lake shore, will be determ ined based on the magnitudes of the project and the population sector that will or could use the coast, public beach or lake shore, for recreational purposes. Such section will correspond to the minimum established by the subdivision regulation, never less than eleven (11) meters in width for vehicular access, nor three (3) meter in width for pedestrian access. .5.04 Public Parking Facilites - Contiguous to the separation zone of twenty (20) meters required for non-residential developments contiguous to terrestrial maritime zone, a minimum of one (1) parking space will Se provided for public use, for each ten (10) spaces required depending on the type of development. The Board can require more or less parking spaces depending on the needs of the specific project. 27 5.05 Subdivision For land developments under the provisions of Section 5.00, the subdivision of land will not be authorized except for the following purposes: a. To make possible the financing of a project that meets all other regulatory requ i remen ts b. To bui Id and operate a factory that uses or produces raw material that originates or to be processed in the industrial complex, and is related to or depends on the sea or promoted by the Puerto Rico Industrial.Development Company and the Board has decided it is exempt from complying with this section. C. Exemption to be use to construct a cemetery project The minimum lot area will be in accordance with the proposed use and area zonification. 5.06- Public Beaches - Public beaches projects will comply with the Department of Sports and Recreation existing regulations and will provide the following services and minimum facilities: a. Efficient garbage collection system b. Buoys for the swimmers protection C. Sanitary and shower services with discharges approved by the.Environmental Quality Board. d. Parking e. First aid medical services Maintenance and cleaning of structures services 9. Lifeguards h. Security and vigilance services 5.07 Trailer Camps Land development for trailer camps within the coastal zone of Puerto Rico will be regulated by the dispositions of this regulation and the horms or criterias to be utilized when considerin g trailer camps projects or consultations, established by the Board in the Resolution JP-229, July 19, 1978. 29 SECTION 6.00 APARTMENTS BUILDING AND ROW HOUSES IN CONDOMINIUM 6.01 Ap-ptication - The dispositions of this section will be applied to all construction projects of one or more apa.rtments buildings or row houses condominium-and.not for the segregation of lots within the coastal zone of Puerto Rico. The construction of eleven 01) or more units in one or more apartment buildings or row houses, will be considered and processed as a development in accordance with Section 4.00.of this regulation. 6.02 Design-of Public Access Cases requiring site consultation, the design of public access will be part of the consultation in accordance with existing procedures. In all cases and prior to submitting construction plans for all projects of apartments buildings or row houses In condominium, in land contiguous and facing the coast, beach or lake shore, plans will be submitted to the Board, indicating the schematic alignment of the public access way or the separation zone contiguous 'to the public beach or affected lake6 For these-cases preference will be given to providing a public access way between the lot to be developed and the separation SPISM 9K 30 zone and parallel to it. In the cases of construction projects for apartment buildings or row houses in lots segregated prior to the effective date of this regulation, subject to urban zonification and contiguous to the coasts, beaches and lake shores, an access will be provided in the property line of the lots combining the right of way and construction apportionment in proportion to the front of the two lots affected by the assessment. For these cases, a bonus will be given in the construction area and the concessions in width and separation indicated in this section. For those cases were the land'is not cont.iguous to the terrestrial maritime zone,-but is within the coastal zone, the Board can required a de s.(gn of the access wayswhen deem appropriate or necessary in base of the public interest. 6.03 Width of public Way - The width of the public access way into the separation zone contiguous to the coast, public beach, or lake shore will be determined in proportion to the magnitute of the project and the public that uses or could use the coast, beaches or lake shores, for recreational purposes. It shall corres-pond to those establish in the '11ot regulation, but never 31 less than eleven (11) meters wide for vehicular acce-ss nor less than three (3) meter for pedestrian access. For projects in lots segrated prior to the effective date of this -regulation, with an urban zonification, contiguous to the coast, public beaches or lake shores, a pedestrian public access of two (2) meters wide will be permitted, formed by combining one (1) meter from each adjacent lot.. The apportionment will be made by a public deed on behalf of the corresponding municipal ity. 6.04 Neighborhood Facilities - When the project requires that a portion of land be dedicated to recreational use, as part of the project neighborhood facilities and is permitted by the topography and terrain conditiont it will be lo cated contiguous to the limit of the-separation zone or the lake shore and will be develop for -activities harmonizing with the uses of the adjacent coasts, beaches, lakes or lagoons. 6.05 Public Parking Facilites - Contiguous to the Separation Zone, a minimum of one (1) public use parking space will be provided for each tan (10) housing units, but never less than three (3). all ...... _@ @mown ftft@@ 32 The Board can require more or less parking spaces, as required, for each specific project. 6.@06 Ocean Views - The structures will be oriented with the longest side of the horizontal projection perpendicular to the coast or at an agle as close as possible to this orientation to minimize obstructing the visibility.to the ocean; and comp lying with Section 8 of this regulation, to prevent unde sirable shadows over the beaches. 6.07 Bonus for Public Access - Construction projects for apartment buildings and row houses in condominiums, in lots segregated prior to the effective date ofthis regulation, subject to urban zoning and contiguous to coasts, beaches or lake shores, who have to provide required public access are subject to the following bonuses: a. When computing the occupation area, the gross floor area and required patios, in accordance with the Zoning Regulation, will consider the total lot as registered, without deducting the area of the lot use for the access to the coasts, beaches or lake shores. b. An increase (bonus) will be permitted, in gross.floor area equivalent'to the construct- ion area whose cost is twice (2) the cost of the access to be constructed. LLIL'I'l-AFAIIIINk ftUftJ&*&AMMft& FT;J'ff__M 33 SECT ION 7. 00 GOVERNttENT CONSTRUCTION PROJECT 7.01 General Disposition - Government projects within the Coastal Zone of Puerto Rico toprovide essential public-services and infrastructure such as roads, Sanitary and rain water systems, aqueduct lines, telephone and electric lines and other similar services, consideration will be given to prevent erosion along the coast, prevent the contamination of the bodies of water and a special consideration will be given to the impact such works wi I I have over the land use. 7.02 New.Roads - All new roads within the coastal zone will be design and constructed, if possible, so that: a. The land of the right of way between the terrestrial maritime zone and the proposed road, are reserved, dedicated or adquired for public use. 4. Vehicular access Is provided to the sectors contiguous to the beaches, coasts and lake shores. C. It does not encourage the irreversible process of the intensive developmentof the coasts,beaches and lake shores sectors, Important because of its natural characteristics. 34 d. It does not affect the natural flow or drain-age of the waters in such a way that adjacent ecosystems such as swamps, mangroves and others, are adversely affected. 7.03 Rain Water.Sewerage System - All projects for the installation of a rain water collector for. existing systems or new ones discharging in bodies of water within the coastal zone,incuding the coast, beaches and lakes,'will be considered as a possible source of water contamination and will proceed in accordance with the Management Plan for Water Quality in Puerto Rico (2o8-ISLAND). Such projects will also be considered necessary to the best urban development and the most advanced technological procedures will be use to minimize the contamination of the bodies of water. 7.04 Sanitary Sewerage System All construction projects.for treatment plants and installation of colectors and discharges of waste water in the coastal zones, will be considered as a p9ssible source of water contaminant and will proceed in accordance with the Management Plan for Water Quality in Puerto Rico (208-ISLAND). 35 7.05 Design of Infrastructure Works The location of *essential pub] ic services and infrastructui-e, works routes wil I be decided analyzing their impact, not to estimulate and encourage the intensive development of coastal and beach sectors. 36 SECTION 8.00 SET-BACK OF BUILDINGS OR STRUCTURES FROM THE TERR ESTRIAL MARITIME LIMITS AND SHADOWS STUDIES 8.01 General Dispositions To prevent that the shadows produced by some buildings on the coast and beaches of Puerto Rico hinders their optimun use, all structures to be erected, constructed, transfered or enlarged within a distance of four hundred (400) meters from the Terrestrial Maritime Limit determined by the Department of Natu ral Resources, will observed a minimum set back, measured horizontally, from its base or nearest wall to the Maritime Terrestrial Zone, to said limi@' of two and ha If (2.5) times its height and such measurement is from terrain level at the base or the wall. This set back will not be less than the fifty (50) meters set back established by Section 3.05 of this regulation. 8.02 Exemption In the urban zones., as an alternative to total compliance for the following cases: I In case of a lot, whose formation and urban zonification has been approved by the Board prior to the effective date of this regulation and, for which the required set back does not allow to be utili.zed according to the zonification of the sector. In this case, the 37 Board and the Administration will insure that the proposed structure complies, as much as possible with the set back requirement; maximum possible separation from the maritime terrestrial zone should be achieved as.iong as the required, minimum, back yard is provided. 2 When there are structures on both sides of the proposed construction, within one hundred (100) meters of both side of the lot, measured parallel to the coast line, and the set back- is less than the required in this section,in relation fo the height of the existing structures. The height of the proposed building will not exceed the determined mean height obtained by extending an imaginary line between the hightest point of the structures on both side of thelot, and the set back can then be the mean of the existing structures. When a structure is located on one side of the proposed construction, within a distance of one hundred (100) meters measured parallel to.the coast shore line, and its set back is less than the required in this section in relation to the height of the existing building. -38- For these cases the proposed structures can have a maximum height equal to the mat hematical mean between the real height obtained by dividing the set back of the proposed structure by two and a half (.2-5). The minimum permitted set back will be equal to that of the existing estructure. Concessions The Board or the Administration can grant concessions in terms of reducing the required set back fron the Terrestrial Maritime Zone (Subsection 8.0-1) when the following cond.itions exist and have comply with Subsection 8.o4l. In case of.proposed construction for poetuary, fishing, marinas or similar @facilities or installations, and its proposed use requires a closer proximity to the terrestrial maritime zone due to its direct relationship to the sea. This will be the only instance when an exemption will be granted from compliance with the set back from the Terrestrial Marine Zone. 2. When the proposed structure is to be constructed in lots contiguous to the Terrestrial Marine Zone. in any urban 39 zoning district and open spaces, free of visual obstruction, are provided on both side of the proposed construction, and the sum of this lineal distance, measured parallel to the coast, is equal to fifty per cent (50%) or greater than, the lineal distance of the side of the lot contiguous to the terrestrial maritime zone. For this purpose, open spaces are considered to be the locations in the first floor of the building or any other portion of the same whose elevation does not exceed one (1) meter above the terrain, provided the view to the coast is not obstructed. The portion of the lot used for parking in which an automobile produces an elevation of one (1) meter or more measured from curb level, will notbe accepted as open spaces. For structures proposed in any urban zoning districts, were at,least five per cent (5%) of the construction cost of the upper level of the building that exceeds the required height, is going to be invested in physical Improvements dedicated to public use, and not required in any other form or by this or any other regulation. The physical I GOOMM Mumma PWOMW 4o Improvements will harmonize with the best urban development for the particular sector, will relate exclusively with the' recreational use of the maritime coast, be of use of and dedicated to be en.joyment of the general public. Its design will be integrated to the topography and natural elements of the area. the existing and permitted uses of the nearby properties and existing or proposed public facilities. 8.04 Buildings Shadows Studl as All request for concessions will Include shadows studies indicating that the area within the maritime zone will not receive shadows for more than one (1) hours, between the hours of ten In the morning and four In the afternoon on any particular day of the year. 41 TH I RD PART UNIFICATION OF THE COASTAL ZONE SECTION 9:00 Maps and Types of Zoning Districts in the Coastal Zone 9.01 General Dispositions:, The Board will establish for the zoning districts, by means of this regulation and zoning maps of the coastal zone; the use, control and development-of the land, bDdies of waters, buildings and structures in the coastal zone.of Puerto Rico. The waters and the maritime or ocean floor, the reefs, islets adjacent islands within a distance of three (3) marine leagues (nine nautical mile) in water, as the terrain up to one (1) kilometer in land an.d the requir ed additional, necessary distance to Include the important natural systems.of the coast. 9.02 Legal Aspects of the Zoning Maps: The zoning maps of the coastal zones approved and adopted by the Board, will be.part off and apply in conjunction with this regulation. The sector of the urban zoning maps which are Included in the coastal zones, will be considered part of the. coastal zone zoning maps and will apply jointly with this regulat- ion and other Zoning Regulations. 9.03 Projects In Zoned Sector: 'The dispositions of this Third Part will apply in thf zoned areas and complemented by the dispositions of 42 the Second Part deali ng with projects. In the event of conflicts between them, the dispositions that best serve the objectives and purposes of this regulation, wil I prevail. 9.04 Purposes of the Districts in Zoning Maps of the Coastal Zone Zoning districts are,establish in the coas tal zone to control new construction; establish new activities in existing buildings and authorizat- ions, for subdivisions; to prevent the loss of options to use in the future land of agricultural productivity and other coastal natural resources and to promote the judicious management and utilization of these resources. Additionally, they are establish to protect the history scenic, recreational, cultural and economical re sources from destruction, deterioration and damaged beyond repal-rs, due to improper use or lack of foresight in preventing the adverse impact that other activities will have over them. 9.05 -Other Zoning District: When justified by planning studies or optimun use a nd control of the land; the urban districts and the R-0, (Low density residential) as established in the zoning regulation (Planning Regulation No. 4), can be use to classify terrain'in developed or to be developed areas, or to be used for public purposes. @WON LVA0 *AMON" lftftNW@ oft mom 43 When any of the previous conditions are present, a public hearing will be held to consider the proposal. Other uses of control zones, such as: airport zones, flood prone zones, zones of tourist interests and others, can be added on to the districts designated for the zoning of the coastal zone, in which cases the special regulations for the zones, will also apply. 9.06 special Regulation in the Coastal Zone of Puerto Rico: In the Natural Reserves Areas and SpecialPlanning of the Coastal Zone Management Program of Puerto.Rico as well as othersector s in which The Land Use Plans of Puerto Rico or other planning studies, demonstrate, reflect and justify that due to determined particu) ars and/or different essential characteristics, the application of dispositions different to those in this regulation -is justified;. those adopted by the board as a special regulation covering these particulars will apply. Variances in.the-zoning districts will be ide.ntif- ied with a suffix or similar identification, indicat- Ing its application in the particular sector.. 9.07 Types of Zoning District In the Coastal Zones: The-following types of zoning districts for the coastal zone are establish by this regulation: 44 District A-1 Agricultural One: Consists of non urban, undeveloped, mechanizable terrain with slopes between 0 to 12 per cent and a production capacity between I and IV according 'to the classifications of U. S. Soil Conservation Services. 2. District A-2 - Agricultural Two: Consists of non urban, undeveloped terrain, slopes in excess of twelve (12%) percent and a production capacity between I and IV, as classified by the U. S. Soil Conservation Services. 3. District A-3 - Agricultural Three: Consists of non-urban, developed, terrains with a production capability between V and VII as classified by the U. S. Soil Conservation Services. 4. District AD - Developed Areas: Non-urban, developed area, bounded by district with permitted uses substant- ially different from those of the developed areas. q5 District B-1 Interior Forests: Consists of land were humid tropical forests are located or a reforestation program is planned. 6. District B-2 - Mangrove Forests: Make up of low, humid terrain subject to tide action, generally populated with mangroves. 7. District B-3 - Dry Forest: Coastal Dry Forests: Consisting of spacious land, planted or due for a reforestation program. 8.. District CR - Conservation of Resources Were the natural order or the existing artificial condition should be sustained, improved and used in a moderate, judicious manner. District CRR- Conservation and Restorat- ion of Resources: Consisting of properties or portions thereof, forming part of the cultural or historic patrimony of Puerto Rico. 10. District DM - Mineral Development: Consist of land were geological and mineralogical studies reflects evidence. of or indicates the presence of minerals under the subsoil, in economic, scientific and physicalquantities to 46 establish a viable mineral industry or were mineral activities are presently conducted t6 include the extraction of materials from the earth c r u s t 11. District PM Fishing and Agriculture: Includes the sectors of land and water whose principal use Is or could be the commercial production cf sea food. 12. District PP Public Beaches: Consist of all beach land, as defined, within the coastal zone up to the limits establish by law or the zoning maps. 13. District PR - Resources Preservation: Consist of properties or parts thereof whose existing natural order must be mantain to the maximum. 14. District RE - Scenic Route: Consist of properties or parts thereof located along the margin of the panoramic routewhose natural order should be conserved or improved by special control, for the protection of the landscape and the view along the way. on ^Nomad. OPMON M 47 SECTIO14 10.00 - District A-1: Agricultural One 10.01 - Purposes of the District A-1 - This District is established to classify areas of high productibity or high agricultural potential, whose continued agricultural use is of great importance to the Island. These areas are generally located along coastal and inner valleys, consisting of large size farms with none or scarce population in them. They consist of non.- urban, undeveloped, mechanizable terrain, with slopes between 0 and 12% and a production capacity between I and IV as classif- led by the U. S. Soil Conservation Services. 10.02 Rezoning Policy in District A-1: The reclaissification of a District A-1 to another zoning district will be primarily govern by the agricultural develop- ment plans and other plans adopted and revised by the board, based on the continous economic development of the Island. 10-03 Uses in District A-1: In the District A-1, farms, agricultural unitsand buildings, will beecdupiedand used for the following: -1. Principal Uses: a. Plant crops, forages and forests b. Raise livestocks, aviculture, domestic and game animals, bee keeping and fisheries. .2. Accessory Uses: a. Processing and packing of products produced in the farm b. Sale of farm products, limited to a building 48 whose area does not exceed seventy five (75) square meters. c. Mill to process grains produced in the farm. d. One family residential units 3. Other uses in accordance with the Direct Authorization Section of this Regulation 10.04 Heights in District A-1 Buil'dings or structures heights will be determined by the nature of the activity to be conducted in them. No residential building will be over two stories high nor exceed nine (9) meters in height. 10-05 Farm sizes in District A-1 Farms to be subdivided or segregated after the effective date of this.regulation will be, at least, of fifty (50) cuerdas. 10.06 Property line separation in District A-] All buildings or structures will observe a separation of, at least, six (6) meters from existing or proposed ways. Separation in respect to other boundary lines will be determined as establish in the Building Regulation (Planning Regulation Number 7) for the use and construction classificat- ion of the building or structure. 10-07 building and accesory uses in Districts A-1 Works, installations, buildings and accesory uses will be permitted If.closely related or complimentary to the activities conducted in the farm. -49- 10.08 Park i ng areas in District A-] .For the uses permitted in this district, parking areas will be provided according to the following ratios: 1. One space per vehicle for each fifteen (15) square meters or part of the gross floor area used for sale of farm products produced in it. 2. One space per vehicle for each fifty (50) square meters of gross floor area used for processing agricultural products. The design of the parking areas will comply with Topic 8, Section 31.00 of .the Zoning Regulation (Planning Regulation No. 4). 10.09 Loading and unloading spaces in District A-1 All buildings or structures used for the processing, parking or sale of farm products produced in the farm, will be provided with a loading and unloading space of at least e.ight (8) meters long and three (3) meters wide. 10.10 Signs in District A-1 The signs will conform with Section 47.00, 51.00 and 52.00, Topic 15, of the Zoning Regulation (Planning Regulation No. 4). *Ann& do ram@ 50 SECTION 11.'00 -District A-2 Agricultural 1wo 11M - Purposes of the District A-2 This di strict is established to classify areas of high productivity or high agricultural potential whose continued agricultural use is of great importance to the Island. These areas tendto be low density, partially inhabitted. They consists of non-urban, undeveloped terrain, slopes in excess of 12% and a production capacity between I and IV according to the classification of U. S. Soil Conservation Services. 11.02 Re-oning policy in District A-2 The reclassification of a District A-2 to another zoning district, will be govern, primarily, by the agricultural development-pl ans and other plans adopted and revised by the Board, in terms of the continiouseconomic development of Puerto Rico. 11-03 Uses in District A-2 Farms, agricultural units and buildings located in District A-2, will be occupied and use for the following purposes: 1. Principal Uses: a. Plant crops, forages and forests b. Raise livestocks, aviculture, domestic and game animals, bee keeping and fisheries. 2. Accesory Uses: a. Processing and packing of farm products b. tale of farm products, limiting the sale space to a building whose area is not grea.ter than seventy five (75) square meters. MOM oft 51 Mi I I to process grains producted in the farm. d. One family housing units 3. Other uses in accordance with the direct authorizat- ion section of this regulation. 11.04 Heights in District A-2 Buildings or structures heights will be determined by the nature of the activity to be conducted in them. No residential building will exceed two stories high nor nine (9) meters in height. 11-05 Farm sizes in District A-2 Farms to be subdivided or segregated after the effective date of this regulation, will be at least of twenty five (25) meters. 11.06 Property line separation in District A-2 All buildings or structures will observe a separation of at least six (6) meters from the right of way of all existing.or proposed ways. Separation in respect to other boundary lines will be determined as established in the building regulation (Planning Regulation No. 7) for the use and construction classification of the building or structure. 11-07 Building and accessory uses In District A-2 Works, installation, building and accessory uses will be permitted If closely related or complimentary to the activities conducted in the farm. 52 .11.08 Parking Areas in District A-2 For the usespermitted in this district, parking areas will be provided according to the following ratios: 1. One (1) space for one (1) vehicle, for each fifteen (15) square meters or part thereof, of gross floor area dedicated to sales of farm products. 2. One (1) space for one (1) vehicle, for each fifty (50) square meters of gross floor area used for processing agricultural products. The design of the parking areas Will comply with Topic 8, Section 31.00 of the Zoning Regulation (Planning Regulation No. 4). 11.09 Loading and unloading spaces in District A-2 All buildings or structures used for processing, packing or sales of farm products, produced in-the farm, will be provided with a loading and unloading space of at least eight (8) meters long and three (3) meters wide. 11.10 Signs in District A-2 The signs will conform with Section 47-90, 51-00 and 52.00, Topic 15, of the Zoning Regulation (Planning Regulation No. 4.) 53 SECTION- 12-00 District A-3 Agricultural Three 12-01 Purposes of the District A-3 This district is establish to classify non-urban, undeveloped areas, generally located in undulated mountainous terrain,but can also be found in the plains. This area general development pattern and agricultural nature is adversely affected by the introduction of disperse, urban uses without adequate control and generating an excessive demand of public services. It consists of non urban undeveloped terrain with a production capacity between V to Vil as classified by the U. S. Soil Conservation Services. 12.02 Rezonin P@Jicy in Districto A-3 Rezoning will be in accordance with the agricultural develop- ment plans and other plans adopted and revised by the Board in terms of the economic development of Puerto Rico. 12.03 Uses in District A-3 Farms, ag ricultural and buildings or structures will be occupied and used for the following purposes: 1. Principal Uses: a. Plant crops, forages and forests b. Raise livestocks, aviculture, domestlc and game animals, bee keeping and fisheries 2. Accessory Uses: a. Processing and packing of farm products 54 b Sale of farm products, I imitt ing the sale space to a building whose area will not exceed seventy five (75) square meters. c. Mill to process grains produced in the farm .d. One or two families housing units 12.04 Heights in District A-3 The heights of the building or structures will be determined in function of the nature of the activity tobe conducted in them. No residential building will be over two (2) stories high nor exceed.nine (9) meters in height. 12.05 Farm sizes in District A-3 Farms to be subdivided or segregated after the effective date of this regulation, will be at least of twenty five (25) cuerdas. A smaller area can be permitted for those cases authorized by the Board in accordan ce with the direct authorization section of this regulation. 11.06. Property line separation in District A-3 All buildings or structures will observe a separation of, at least, six (6) meters from the right of way of all existing or proposed ways. The separation in respect to other boundary lines will be detemined as establish in the Buildi.ng Regulation (Planning Regulation No. 7) for the use and construction classification of the building structure. NEW 55 12.07 Buildings and accesory uses in District A-3 Installations, buildings and accesory uses %4ill be permitted if closely related or complimentary to the activities conduct- ed in the farm. 12.08 Parking areas in District A-3 For the uses permitted in this District, parking areas will be provided according to the following ratio: 1. One (1) space for one (1) vehicle for each fifteen (15) square meters or part thereofj of gross floor area dedicated to sales of farm products. 2. One (1) space for one (1) vehicle for each fifty (50) square meters of floor area used for processing agricultural products. The designs of the parking areas will @comply with Topic 8, Section 31-00, of the Zoning Regulation (Planning Regulation No. 4.) 12.09 Loading and unloading spaces in District A-3 All buildings or structures used for processing, packing or sale of farm products, produced in the farm, will be provided with a loading and unloading space of at least eight (8) meters long and three(3) meters wide. Signs in District A-3 The signs will conform with Section 47-00, 51.00 and 52.00, Topic 15, of the Zoning Regulation (Planning Regulation No. 4.). 56 SECTION 13-00 - District AD - Developed Area 13-01 - Purposes of the District AD This District is establish to i'dentify non urban areas that have been developed into rural communities, townships, self, sufficient townships, isolated urbanizations, industrial development and other similar uses- to differentiate them from the zoning districts established by this regulation that due to its purposes and particular characteristics, do not apply. The controls listed hereafter are established to protect and encourage the optimum use of the land, preven t health problems and the, contamination of the bodies of water with disposed waste, until studies of the areas are completed and the land use plans are adopted or zoning by districts is accomplished. 13-02 Uses in Distrit AD 'The uses permitted will be in accordance with the uses designated in the land site consultation for the subdivision approved by the Board and the preliminary development approved by the Admin istra- tion forrural communities, Isolated urbanizations or industrial developments. Townships developed without an approved preliminary develop- ment desi.gnating the land uses, changes in uses or land sub- divisions will not be permitted except when they are in accord- ance with the character of the neighborhood, were located. apa" oft AM&= RAWWACON 57 Existing uses and the formation of new lots will be permit ted provided they are in compliance with Section 3.03. The proposed uses' for the new lots can be residential, institutional or commercial of a local nature, as long as the uses harmonize with the predominant characteristics existing in the immediate neighborhood. New industrial uses will be of the light type and will be permitted only in lots contiguous, lateraly, at least on one side, with similar uses, provided they comply with the environmental public policy Act No. 9, June 18, 1970, as amended. 13-03 Subdivisions in District AD Lots for residential uses, with minimum areas of four hundred (400) square meters will be permitted. As an exception, smaller lots will be permitted when the proposed subdivision is in a populated areaor other areas with urban characteristics includ- ing facilities and'public. installationro,allowing for an increase in its population density. In all cases, the minimum size permitted will be subject to the topographic conditions of the lot, its access and the facilities or form of disposing of the waste waters. 58 13.04 Constructions in District AD a. Occupation area Maximum occupation of fifty (50%) percent of the lot area permitted. b. Construction area - Maximum construction area permitted (gross floor area) of one hundred (1007.) percent of the lot area. c. Front Yard - One (1) lineal meter, except cases were the lot is located in a block with other existing constructions with the front facing the same access, in which case, larger or smal ler, yards wi I I be required to preserve the harmony of the total. d. Side and back yard - The lateral and back yard for the construction equipped with doors or windows: Three (3) lineal meters or (1/5) of the height of the wall when it exceeds ten (10) meters in height, whichever is*greater. 13-05 Density in District AD The number of families will be determined base on the lot size: a. One or two families unit will be permitted in lots less than eight hundred (800). square meters. b. One or two families unit will be permi tted In lot equal to or greater than eight hund-red square meters, 59 In isolated communities and developments served by a sanitary sewage system, two families houses can be permitted or the density permitted for the corresponding residential district, according to the size of the lot in accordance with the Zoning Regulation (Planning Regulation No. 4). 60- SECT ION 14. oo District B-1 Interior Forests 14.01 Purpos es of District B-1 This District is established to classify terrain with special characteristics to plant timber producing trees and to protect soil water. 1he special characteristics of the terrain are based on the type of soil, topography and relative humidity of the same. These districts include terrain with existing forests as well as those recomended to be stocked. 14.02 - Rezoning Policy in District B-1 The reclassification from a District B-1 to another zoning district, will be determined by the preservation, conservat- ion and reforestation plans, as well as the regional recreational and out doors plans adopted and revised by the Board in te-rms of the continous growth of Puerto Rico. 14.03. - Uses in District B-I In District 8-1, land and-buildings will be permitted to be use for the following purposes: 1. Principal Uses: a. Plant forests b. Other crops, including fruit trees, provided there Is no conflict With the forest development. c. Aviculture and other animals provided there is no conflict with the forest development. grAft law Sanwa I* am mom @_ 61 2. Accesory Uses: a Sale of forest products, including lumber and lumber products as long as the cutting is done in a scientific way and not conducive to deforestation, limitting the space to a bui.lding not exceeding seventy five (75) square meters. b. Construction of roads and horse stables to compliment the horse rinding sports. c. Handicraft shops for wood products. d. One family residential units. 3. Other uses according to the provisions of the section on.exceptions (direct authorization) of this regulation. 14.04 Heights in oistricts B-1 The heights of the buildings and structures will be determined in function of the special activity to be establish in each one. 'dential building will have more thantwo stories high nor No rest exceed nine (9) meters in height. 14.05 Farm Sizes in District B-1 Afl farms, in District B-1, to be subdivided after the effective date of this Regulation will be of at least fifty (50) cuerdas. 14.06 Property Line Separation in District B-1 All buildings or structures. will observe a minimum separation of six (6) meters from the right of way of all existing or proposed ways. The ieparation.in respect to other.boundary ago" &" &AM"& a ANIM 62 lines will be determined @s es,tablished in the Building Regulation (Planning Regulation No. 7) for the use and type of..construction clastification of the building or structure. 14.U7 Building and Accessory Uses in Di strict B-1 Works installations, buildings and-accessory uses which are closely related or complimentary to the crops or breeding activities conducted as principal use of the farm, will be permitted. 14.08 Parking areas In District B-1 For the uses permitted in this district, parking areas will be provided in accordance with: 1. one (1) space for one (1) vehicle for each fitteen (15) square meters, or parts thereof, gross floors area dedicated to the sale of products produced in the farm. 2. For discretional uses permitted in District B-1, parking spaces will be provided in accordance with Section 31.00, Topic I, of the Zoning Regulation (Planning Regulation No. 4). 14.09 Loading and unloading space in District B-1 All buildl-ng or structures used for selling products produced in farms, will be provided with a loading and unloading space of at least, eight (8) meters long and three (3) meters wide. 14.10 Signs i.n District B-1 Signs will comply with Sections 47-00, 51-00' and 52.00 of Topic 15 of the Zoning Regulation (Planning Regulation No. 4.) 64 sECTION 15.00 - District B-2 Mangrove Forests 15-00 - Purposes of District B-2 The District B-2.is established to classify the different types of mangrove forests in Puerto Rico, to protect them from irreparable damages cause by the improper use and lack of foresight in considering the negative impact other activities have over them. 15-02 Types of Mangroves The five (5) types of mangroves avaiiable in Puerto Rico can be zoned under this District B-2: 1. Overwash mangrove island 0,/erwashed by daily tides, covered by dense, deep roots, mainly red mangroves found inthe South Coast. 2. Fringe mangroves found along shore lines, canals, rivers, lagoons, dominated by red mangroves. Two variations. The coastal and island type found in the South Coast. Dwarf or scrub mangroves. Smallest, less than 2 meters tall, of mangrove forest; grow on hypersaline soils where no other plants can. Red or black mangroves predominate, usually found along the East and South Coast. 4. Riverine mangroves found In saline portions of flood plains of rivers and other fresh water courses. Red mangroves peedom inate; usually found along the North Coast. Opla" on eoelnfta@ 65 Basin mangroves found inland in depressions where water movement is slow, or flat areas inundated only by hightides. Red and white mangroves predominate. Usually found along the North Coast. 15.03 Uses in Districts B-2 Because each type of mangrove have special value and unique characteristics requiring different management needs, the uses to be allowed ,according,to the limitations imposed by nature, will be the following: 1.. Overwash mangrove island. These mangroves.can be used for fishing, uses related to its aesthetic value, refuge and sanctuary of species and the protection of the coastal areas. Scientific research and limited passive recreation can also be allowed. 2. Fringe mangroves The following uses can be authorized: a. Limited production of lumber; approval by the Department of Natural Resources for carefull and-selective cutting areas is required. b. Passive recreation facilities and other structures provided that the ecological balance and natural function of the system are hot disturbed. c. Scientific Research e. Fisherman wharfs Dwarf or scrub mangroves - Only scientific research GPM" Oft @Mmksow 66 will be authorized; if disturbed, regeneration is extremely slow, over 50 years. 4. Rive.rine mangroves: Can be Authorized: a. limber and tanning production exercising care to maintain natural production, with prior approval by the Department of Natural Resources. b. Flood buffers and protection of the coast -A line, C. Scientific Research* 5. Basin mangroves - Can be Authorized: a. Timber and tanning production exerci sh3g care to maintA'in natural production, with approval by the Department of Natural Resources b. fishing C. limited passive recreation d. flood buffers and protection of the coastline e. scientific research 5.04 Signs in Districts B-2 - Posting of signs in a B-2 Districts is not authorized. The installation.of signs Identifying the aces, establishing cautions and norms dealing with the preservation of the resources, species, classes, etc., are authorized-provided they do not contain conmrcial advertise- 67 15-06 Accessibility Accessibility into the B-2 Districts can be limited, controlled or prohibited, depending on the type of mangrove and the effect the public could have on the mangroves. WL 68 SECTION 16.00. District B-3 Dry Forest 16.oi Purposes of District B-3 This district is.established to classify land plante'd for reforestation of dry forests, spines or thorns, coastal variety. These forests are located in arid land in the South, Southeast and Southwest parts of Puerto Rico. 16.02 Rezoning.Policy in District B-3 The reclassification from a District 0-3 to another will be determined by the preservation, conservation and reforestation plans as well as the regional recreational and outdoors plans. 16.03 Uses in Districts B-3 In the District 8-3 which are not classified to be preserved, land and buildings will be authorized to be use for the following purposes: 1. Principal Uses: a. Plant dry, thorny forests b. Other plants and crops including fruit trees typical of the region tha t do not disturb the forest. c. Raise livestock and aviculture not interfer- ing with the forest area development. 2. Accessory Uses: a. Sale of forest products Including fiber, products.and timber, following a cutting p) an that will permit the regeneration or reforestation of the forest area. 69 b Constructions of roads to provide recreational areas c. One family houses; one per farm 3. Other uses according to the provisions of the Direct.Authorization Section of this Regulation. 16.04 Heights in District 8-3 The height of the building will not exceed two stories nor nine (9) meters. 16.05 Farm Sizes in District B-3 All farms in the District B-3 formed after the effective date of this regulation will be, at least, of fifty (50) cuerdas. 16.06 Boundary Line Separation in Districts B-3 All buildings and structures will observe a separation of at least six (6) meters from any line of the way toward which the farm in question. faces. The separation in respect to other boundary lines will be determi-ned as established in the bi@iilding regulation for the use and type of construction method classification of the Vuilding and structure.- 16.07 Buildings and accessory uses in District B-3 The buildings and accessory uses will comply with Section 36, Topic 10 of the Planning Regulation No. 4. V-" OF, "jkTA Do r@AMWICACWM 70 16.u8 Parking areas in District B-3 Parking.areas for the uses permitted in this District will beprovided in accordance with the following ratio: I. One (1) space for one (1) vehicle per each fifteen (15) square meters or parts thereof, of gross floor area dedicated to sale of farm products. 2. Parking for discretional uses permitted in District 8-3 in accordance with Section 31-00 of the Zoning Regulation (Planning Regulation No.- 4). 16.09 Loading and'unloading space in District 8-3 All buildings and structures use for sales of farm products must be provided with a space for loading and unloadin g, of at least eight (8) meters long and three (3) meters wide. 16-.10 Signs, in District 6-3 Signs will conform with Sections 47-00, 51.00 and 52.00 of the Zoning Regulation (Planning Regulation No. 4). 71 SECTION 17-00 Dist r i ct CR Conservation of Resources 17-01 Purposes of Disctrict CR The natural resources conservation district is established to classify specific areas of the coastal zones, such as bioluminiscent bays, mangroves, forests, dunes, lakes, geological formations, coral reefs, marine parks, areas of extraordin a ry beauty wi I d I ife. refuges, indigenous f I owe rs reservations, falls, springs, caves and sinks, natural habitat for endangered species and other areas of special interest that should be protected for observation, scientific studies and the limited and controlled use as recreational facilities., 17.02 Uses in District CR The following uses will be permitted in the District CR, provided there is no conflict with the conservation of the natural resource to be protected: 1. Picnic areas 2. Public parks Scientific research 4. Museums 5. Ranger stations 6. Pol ice stations 7. Outdoor walking areas 8. First aid stations 9. Other uses as established in Section on 'Exceptions (Direct Authorization) of this Regulation Awl% 0 V.."IfeAcm 72 17-03 Construction in District CR The foll-owing constructions, works of buildings can be authorized in Districts CR: 1. Buildings or structures depending on the activity that will be conducted. For projects approved in accordance with Section 28.o6, the area to be occupied will be limited to one (1) percent of the lot area and two'(2) percent of gross f I oor area. and a mi n imum set: back of s Ix meters f rom all boundaries. 2. Construction of trails and paths not over firm, unpaved surface, no vehicular traffic permitted except in emergencies. 3. ln*stallat ions of infrastructure services necessary for the uses authorized. 4. Construction of accessory structures for the uses permitted. As for the height, buildings and structures will be design to harmonize with topographic features, vegetation and the.general natural character, so that the natural environment prevails over the structures to be erected. 17-04 Parking Areas. in District CE Parking areas will be provided for the uses permitted in this district in accordance with Section 31.00, Topic 8, of the Zoning Regulation (Planning Regulation No. 4.) OPW@M 73 17-05 Signs and Advertisement in District CR There is no-advertis ing permitted in Districts CR. Signs are permitted only when they identify services in the area, warnings and/or precautionary information, publicizes measures established to conserve the resources or to identify the species, classes, etc, provided no commercia I advertising is included in them. 17-06 Subdivision in District CR The'subdivision of terrain is not permitted in District CR. 17-07 Accessibility Accessibility can be controlled. 74 SECTION 18.00 District CRR Resources Conservation and Restoration 18.01 Purposes of the District CRR The District CRR is established to classify land or properties in the coastal zone of Puerto Kico that constitute buildings or architectural values, monuments or st .ructure's of great historical and/or a'rchitectonic value. 18.02 Uses in District CRR Only museums, picnic areas, scientific studies and parks will be permitted in CRR Districts provided there is no conflict with the investiga tion, conservation and restoration of monuments, places and pre colombian archeological findings or structures. 18.03 - Excavations; Demolitions or Constructions in District CRR No excavations or demolitions that might affect, destroy or eliminate archeological values or structures of a historic or architectural value, will be permitted in the CRR Districts. The following types of constructions will be permitted in this District providedthere is no interference with the purposes of the District: 1. Buildings or structures depending on the activity to be conducted in them. 2. Construction of paths or roads, not over three (3) meters wide: firm, unpaved surface, on which vehicular traffic is not permitted except In emergency cases. 3. Install ations for infrastructures services necessary for the uses permitted. 18.04 Signs and advertisements in Districts CRR OPMM OK 80WWA@ 75 No advertisements permitted in CRR Districts. Signs which identify the area and provide information on precautions and meas@ures related to the conservation of the area will be permitted provided they do not contain- commercial propaganda of any type. 18-05 Subdivisions in District CRR The subdivision of land will not be permitted in the CRR District. 18.o6 Accessibility The accessibility can be controlled. VA@ 76 sECTION .19.00 District UM Mining Development 19.01 Purposes of the District DM This District is estab lish to classify terrain dedicated or to be dedicated to mining developments to include extracting materials from the earth crust. Terrain will be included within this District after geological or mineralogical studies have been completed or'based on the best geological or mineralogical, available information, demonstrating the existence of ferrous and non-ferrous minerals, of economic (Mine Act) and non-economic (Earth Crust Act) minerals, under and above ground, in sufficient quality and quantity to permit an economical, scientific physical exploitation of the resources as a mineral activity beneficial.to the interests of Puerto Rico. 19.02 Zoning Policies in District DM Prior to the start of the exploitation of the mineral deposits, the terrains can be zoned for agricultural purposes in accordance with Its soil production capacity and its topography, Upon completion of the mineral exploitation of the deposits, the land -conditioned for other high yield uses that harmonizes can be re with the contiguous areas. 19-03 Uses in District DM Construction of permnent buildings or structures will not be permitted In land classified DM, except those which are necessary to the mineral development. The land in w+vich' the -mineral depos its arelocated, can be use for agricultural purposes pending 77 the begining of the mineral exploitation, as if it were classified for the-agricultural district corresponding to the quality of the land under consideration. In this situation, only the construct- ion of temporary structures related to the agricultural unit established, will be.permi tted. 19.04 Heights in District DM In a mineral development district the height of the structures permitted, will be that which is required for the corresponding mineral activity. 19-05 Subdivisions in District DM The subdivision of the land in a District DM will not be permitted. 19.06 Parking Areas in District DM, Parking areas in District DM will be provided in proportion to the number of employees, operators, and executives working during the busiest shift. 19-07 Loading and Unloading Spaces in District DM All buildings and structures constructed in a District DM will be provided with a space for loading and Lmloading of at least eight (8) meters long and three (3) meters wide. 19.08 Puerto RICO Mineral Resources Development Corporation Upon request from the Puerto Rico Mineral Resources Development Corporation, of the Department of Natural Resources, or on its own initiative, the Boaid can classify l1and dedicated or to be dedicated to mineral development under this District DM. Soso U" amilmods owmam 78 SECTION 20.00 District PM Fishing a-nd Aquaculture 20.01 Purpose of District PM The District for fishing and aquaculture is.establish to classify those coastal sectors which are been utilized or can be use, because of its great potential, to develop a fishing industry and/or aquaculture/or cultivate marine species. 20.02 - Uses in District PM The uses permitted in the District PM are: 1. Commercial fishing of fishes and other marine species 2. Breeding fishes and other marine species 3. Protessing center and selling of fishes and marine products. 4. Fishing villas or centers 5. Organizing fishermen cooperatives or other groups of recognized commercial fishermen. 6. Aquaculture centers and enterprises and other uses compatible with the fishing industry. 20-03 Subdivisions in District PM The subdivision of l1and is permitted in District PM to allow for the uses permitted by this section. Eachproject will be evaluated by the Board by means of the land site consultation process. Projects for fishing centers villas or projects presented by recognized groups of commercial fishermen will be considered under the provisions of the District AD ,Developed Areas, of this Regulation. 79 20.04 Construction in District PM The following construction will be permitted in the District PMi I 'Cons t ruc t i on fo r p rocess i ng cente rs, f i sh marke ts , marine products, fish ponds for marine organisms and for centers and aquaculture enterprises. 2. Constructions of fishing centers and villas will be permitted in accordance with the dispositions of the District AD,Developed Area. 3. Fishing marinas, ships yards, dockyards, warfs. 4. Pools or ponds..bay estuary or other marine environment suitable for grovqing marine species. 5. Places and centers for fishermen cooperatives or group of commercial fishermen as well as aquaculture center and enterprises. 20-05 Accessib Hity Accessibility will be controlled depending on the particular sector and the effect that access by the general public could have on the fishing industry. Accessibility can be prohibited were motor boats, other vehicles, oil waste, lights and persons affect breeding habits and places of turtles, lobster, shell fish, etc. 80 SECTION 21.00 District PP Public Beaches 21.00 Purposes of District PP This district is established to classify beach sectors in Puerto Rico that due to its scenic, historic or recreational characteristics have an optimum potential for future develop- ment or present use,as coastal tourist and recreational centers: as well as terrain within the terrestrial maritime zone. 21.02 Uses in the District PP Uses permitted in the District PP are: 1. Public beaches and other recreational facilities Wharfs and boats docking facilities with the exception of terrain within the terrestrial maritime zone; the following additional uses are permitted in District PP. 3. Golf courses 4. Hotel and vacational facilities 5. Picnic areas 6. Tourist villas 7. Trailer homes campgrounds 8. Restaurant and other accessory uses 9. Camping grounds 21-03 Concessions, franchaises, permits and leases* Concessionsfranchaises, permits or leases of'pub)ic land within a District PP, made by the state through one of its government organism, to a private agency for recreational and/or tourism purposes, will comply with the dispositions of this section and this regulation. 21.04 Subdivisions in Districts PP. Subdivisions of land in Districts PP will not be permitted except for the purposes and uses in the District. 21.05 Constructions in Districts PP. Constructions of the following type will be permitted in this District: 1. Structures or buildings determined by the .a@tivity to be conducted in them. 2. Construction of paths or roads not wider than three (3) meters; firm, unpaved -surface; @no vehicular traffic authorized except in emergencies. 3. Installations for infrastructure services necessary for the uses permitted. 4. Construction of accessory structures to the uses permitted. 21.06 Signs and Advertisements in District PP N6 installations of advertisements permitted in this District. Installation of signs, which identify the, area and services available and provide informations and measures related to the conservation of the area, will be permitted. 82 21-07 Accessibility The access into a District PP cannot be close or -obstructed. When the development orsubdivisions contiguous to strips of public beaches are approved, the developers will be required to provide pedestrians and vehicular access into the public beach.. The main access into the the development or subd ivision will be extended to the separation zone contiguous to the terrestrial maritime zone, to provide access to the public beach. Vehicular access will be provided in the District .PP with a separation or space, not greater than sixteen hundred (1,600) meters between beach. 21.08 Public Beaches Projects for public beaches, either private or government sponsored, will comply with provisions of Section 5.06, second part and this section, of this Regulation. LLLUI@LIAWIA@I 0 83 SECTION 22.00 District PR Resources Preservation 22.01- Purposes of District PR This District is establish to classify specific areas of the coastal zone constituing natural resources to be protected for scientific studies and contemplation. 22.02 Uses in District PR The land uses policy is to maximize the preservation of the existing natural condition of these areas. Uses permitted are: 1. Scientific activities and s.tudies, conducted under the supervision of accredited educational iiistitutions as well as Bona Fide scientific group or associations, entity or persons. 2. controlled contemplation supervised by custodian of the resources. Visits by groups interested in-walking or hiking, will be permitted. 22.03 Signs and Advertisements In District PR .The installation of advertisement in this District is prohited. Signs identifying the area, informing on cautions and measures for the preservation of the resource, identifying species, classes, etc. wHI be permitted, provided they do not contain any commercial propaganda. 84 22.04 Subdivisions in District PR Land subdivision is not permitted in this Dis.trict. 22.05 Construction in District PR Only construction directly related with the scientific studies indicated in this section, will be permitted. 22.06 Accessibility Accessibility will be controlled or obstructed depending on the uniqueness and natural value of each particular coastal resource. 4@ son &AWN000"M sub GPIN" oft 60MINSUM WOO SECTION-23-00 District RE Scenic Route 23-01 Purposes of the District RE The purpose of this District is to establish appropriate controls over the use of properties and land located along the margins of the panoramic route to protect the contempl,ation and enjoyment of the view or panorama. 23-02 Uses in District RE The land use policy in this district is to preserve to its maximum the existing natural condition of the land and properties. Uses permitted will be those that complement, harmonize, and encourage the maximun enjoyment of the natural and cultural environment as well as the beautyof the landscape. In consonance with this policy, land and buildings will be permitted to be used and occupied for the following purposes; 1. 'One (1) family housing, including those accesory uses that contribute to the typical environment and the puertorican culture, provided they conform with the purposes of the zone. As part of the accessory use, products permitted for sale will be home made and will consist of artisan objects, typical foods or any regional traditional object. 2., Open'air eating space (merendero) 3. Observation place or areas to enjoy the view or panorama. 4. Guest h a maximum of twenty five (25) rooms. ap"Ma aft 4000man"M 86 the road. Structures to be running surface of constructed on the opposite side of the panorama should enhance and harmonize with the purposes of the zone. 2. AH residential or agricultural areas, subdivided after the effective date of this regulation will coveran area of at least twenty thousands (20,000) square meters and a minimun width of one hundred (100) meters. The size of a lot to provide services to travelers using the way, will be determined-by the administrator of the Regulations and Permit Administration, based on the proposed specific use. In no case will the lot be less than one thousand (1,000) square meters and, when its width Is less than one hundred (100) meters; its depth will not exceed three times its width. 3. One (1) access to the way for each lot, plus one (1) access for each two hundred and fifty (250) meters of lot front to the way, will be permitted. Subdivisions authorized after the effective date of this Regulation can not increase the number of access along the way. 4. All front yards facing the way will be at least of ten (10) meters. Lateral and back yards will be of at least, six (6) meters. Under no ci-rcumstances wil I the sum of the width of the lateral yards, be 87 less than the width of the building measured parallel to the way. 5. All accessory useswill be colocated in the same lot with the principal use it will serve and: a. It will,be incidental to and currently with it. b. It must contribute to the welfate, convenience or needs of users of the principal. C. It can be establish at the same time as, or after, the principal use, but never be fo re. The discontinuance of the principal use, implies the discontinuance of the accessory use. d. It will comply with the requirements for yards, established for the principal use. 6. Al I spaces to be provided for vehicular parking, as part of the approved projects will be at least of 2.5 meters wide and 5.5 meters long. Its location will correspond to a functional movement pattern in which one vehicle will not prevent another vehicle from moving nor will it force another vehicle to back into the traffic traveling the way. 38 7. All constructions will observe a set back of at least sixty (60) meters from any body of water, rivers, creeks, lakes, lagoons, streams, etc., located either in public or private property. 23-04 Demolitions in District RE Demolitions of buildings of a.typical puertorican nature will not be permitted in this District. When presenting a petition for approval of building demolition, the petitioner must provide assurance that once the demolition is approved and has started, it will be totally completed an4 theareaclean, free of debris and rubbish. 23-05 Signs and Advertisements in Districts RE The installation of advertisements in this District is prohibited. Only those signs authorized by the Administrator of the Regulations and Permits Administration as part of the uses permitted will be allowed. These signs will be installed only in the place where the service is offered. The Department of Transportation and Public Works can install warning or information signs, announcing the services offered which are necessary and convenient to the traveler. 23.06 Subdivisions in District RE Subd4vislon of land in this District will be permitted when it complies with requirements of this Regulation. The Administrator, will prevent lineal developments of one lot deep along the Panoramic way, when approving simple subdivisions to be use to provide services to the traveler. FOURTH PART PROCEDURES AND REGULATION ADMINISTRATION SECTION 24.00 PROJECT PROCEDURES 24.01 General Disposition - On the effective date of this Regulation and the Coastal Zones Zoning Maps, all subdivisions, developments and land development projects, as well as constructions, reconstructions,, alterations,, enlargementst transfers, demolitionst use of buildings and installation of signs in the Coastal Zone,, will need authorization or permit prior to starting the activity. To obtain such permit or authorization the project must be presented to the Board on a land site consultation or to the Administration in the subsequent stages. 24.02 Limits of the Maritime Terrestrial Zone All projects withan approved land site consultation and subsequently presented for further review,, located adjacent to Or near a coastal sector, beach or. lakeshore, will be required to present along with other documents and requirements,, a minimum of five (5) copies of a survey plan approved by the Secretary of the Department of Natural Resourcest establishing the maritime terrestrial limits. The certificate establishing. such limit will be effective for a period of one -90- (1 year and is understood that it does not constitute permanent property rights and that it represents said limits as of the date of the plan,. that it can vary as nature affects the contour of the coast or beach. 24.03 Environmental Forms All projects presented to the Board or the Administration must include an environmental impact analysis on either the Board or the Administration. Environmental Form, in which emphasis is given to the natural character, attractions environmental and ecological importance of the beach or coastal sector. An Environmental Impact Statement could be required if, after a review of the Environmental Form it is determined that the project could have a significant environmental impact. 24.04 Executive Summary - An Executive Summary of the project must be included describing the importance or historic, scenic, cultural and recreational value of the coast or beach sector. 24.05 Public Hearings - When requested by the proponent or by person or persons affected,, or on its own initiative, the Board could decide to hold Public Hearings on any building construction project,, land site consultation or land development projectse contiguous to the terrestrial maritime zone presented for consideration. 24.06 Department of Natural Resources Endorsement .Proyects within the coastal zone of Puerto.Rico' specially those contiguous to the terrestrial maritime zone or a natural resource to be preserved, will need for its evaluation, comments from the Department of Natural Resources. Comments will be requested by the Board during the land site or land use consultation and, by the Administration, when a land site consultation is not required. The Department of Natural Resources must answer within the term established by the Board. If no answer is received within the tirpe frame established,, it will be understood that the Department has no comm ent on the project. 24.07 Agencies Remarks - All buildings construction projects and land developments within the coastal zone submitted to the Board or the Administration for approval,, must be studied and commented by the public agencies concerned with any phase of the project. 24.08 Resolution - After the corresponding evaluation of the project, the Board on the site consultation stage or the Administration on subsequent stagest will issue a Resolution either approving or. disapproving the same. The 92 resolution approving the project will include specific instructions on requirements for the separation zone and,public access to the beaches, coast or lakeshores. If the project is exempted from providing public access to the beaches, coast or lakeshores, the resolution must specify the reason(s) for the concession. 24.09 Disapprovals of Special Cases - When a sector in the Coastal Zone of.Puerto Rico, within which a project is proposed,, contains such special characteristics that it is impractical - the application of the dispositions of this regulation and the approval of the project is undesirable due to such factors as health, security,, order.. public improvements, improved land use, aesthetics conditions, environmental or exceptional beauty; the Board in accordance with Art 17 and 27 of the Organic Act or the Administraci6n base on Art 7 and 9 (b) of its Organic Acti can disapproved the project after considering the recommendation of the interested government agencies,, the protection of public welfare and the consideration of other factors involved. The Board or the Administration will celebrate public hearings for this cases and express in the resolutionthe reasons for such actions, the legal bases upon which the decision by the Board or the Administration is formulated must be also included. 94 SECTION 25.00 ZONING PROCEDURES FOR THE COASTAL ZONE 25.01 General Disposition - On its own initiative, the Board will study and adopt the zoning maps for the coastal zones. It will consider requests for zoning of a sector submitted by an interested party,, official or body; this petition will be supported by reliable data that permits the Boar'd to zone the sector in accordance with Part Three of this Regulation. The Zoning Maps of the Coastal Zones, or amendments, will become part of this Regulation on their effective date. 25.02 When it is not its own initiative, the Board will consider a zoning petition for changes conforming with 'this Regulation, when the person,, agency or property owner presents the following: 1. Evidence that owners of properties to be zoned have been notified. The Treasury Department property numbers and owner's name must be included. 2. Edidence that at least twenty (20) owners of properties closest to the area affected have been properly notified of the intention to submitt the petition. These notifications will be distributed in a proportioned manner around the 6- A@ 95 affected area increasing the radial distance to include, the closest twenty properties. 3. Sketch of the area indicating the location of the property in respect to the maritime terrestrial zonef ways, rivers,, creeks,, other reference points within the area and its surroundings, the properties and postal address of the persons to be notified in accordance with (2) above? will be also indicated. 4. Executive Summary - Consist of a clear, complete description of the sector, locationt outstanding characteristics , historical# scenic or cultural importance. 5. Supporting Data Supports with scientific analysis,, the worth of the ar ea to be protected or preserved. One of the coastal zone zoning district should be requested. 6. Location Plan (1:20,,000) Showing the North and uses,, if any,, of the adjacent properties. 96 7. Size (in metric system). The Board can request other data or -exempt from presenting any of the above, when it has been demonstrated that it can not be complied with. 25.03 Other Party Properties and the District "PRII Before the Board considers zoning or rezoning to a District PR a property belonging to a person other than the one submitting the recommendation, the following must be presented in addition to the requirements in subsection 25.02 of this Section 25.00: 1. An Action Plan analizing the alternative for adquiring the property (purchase, expropiation,, donation,, others) adjacent to the beach or coast within a maximun period of eight (8) years,, to include an estimated cost of the properties. when recommending the acquisition of the same, a commitment by the agency to acquire and administer the property and when it will be acquireo must be included. 25.04 District Limits - The district limits will be the axis of the ways, roads, property lines, centers of the rivers and creeks limits of the terrestrial maritime zone, reefs, municipalities and wards limits, defined topographics features or, when not physically identifiable, they will be determined based on the scale of the zoning map. 251.05 Amendments to the Coastal Zone Zoning Maps - A Coastal Zone Zoning Map can be amended by the Board on its own initiative or on request,, by any government body. Request for amendments presented by individuals will be considered by the Board when accompany of: 1. Evidence that the request is signed by all property owners included in the same. 2. Edivence that 'at least twenty (20) property owners closest to' the af f ected property have been notified of the intent to register the proposed amendment. These notifications will be distributed equidistant in all directions from the affected property,-the radial distance can be extended to cover the closest twenty (20) properties. 3. Sketch showing the location of the affected area in respect to the terrestrial maritime zone, ways,, rivers or creeks within the area or its surroundings; the properties and 98 addresses of the owners to be notified in (2) above, will be identified in the sketch. 4. Any information and documents required by the Board in the applicable form. 5. Scientific evidence refuting the reasons used, originallyl to zone the property under one of the districts of this Regulation. The, Board can request additional requerements or -exempt from compliance with one or more of those indicated, when it has been proved to the Board saiisf action,? that they can not be complied with. The amendments to the zoning maps do not present fundamental changes to the existing maps except, to implement the recommendations of the Land Use Plan and the Integral Development Plan of Puerto Ricot as approved. 25.06. General Welfare - All Zoning proposal or changes to the Coastal Zone Zoning Map will be justified based on the benefits that-will be derived by the people of Puerto Ricot the community or sector. 99 25.07 Public Hearings In accordance with Article 27 of the Organic Act of the Board, a public hearing is required prior to a determination by the Board regarding zoning or rezoning petitions on the coastal zone. Request for amendments to the Coastal Zone Zoning Maps will be registered with the Board prior to the date of the scheduled public hearing. The Board will establish the dates for submitting the petition for changes to the coastal. zone zoning maps and make public announcements on news papers or other appropriate communication media. The date, place and nature of the hearing will be made know by placing a notice in a general circulation newspaper of Puerto Rico at least fifteen (15) days prior to the date of the hearing. 25.08 Resolution Designating the Coastal Zone Zoning District - Upon approval of zoning or rezoning proposal, the Board emits a resolution and a map indicating the designated zoning districts for each sector of the Coastal Zone. 25.09 Effective Date.of the Zoning Maps - Once approved and signed by the Governor, the Coastal Zone Zoning Maps will become effective f if teen (15) clays from the time they are posted to the public 100 in the City Halls of the municipalities affected. The Board will make public the adoption of the z on ing maps, exposition of the same in the corresponding City Halls and its availability in the Office of the Board's Secretary by publishing a notice f or three (3) consecutive days in a. general circulation newspaper in Puerto Rico. 25.10 Effective Date of the Amendment to the Zoning Maps - Amendments to the zoning maps will be.made public in accordance with procedures in Section 25.09, and the publication of the notice in the newspaper will appear on ly one (1) time. Approval and signature by the Governor, of the amendments, will not be necessary and they will be effective fifteen (15) days after its publication on the newspaper, I.N." Uhn &ANNUft a AWA 101 SECTION 26.00 REQUIREMENTS AND ISSUANCE OF PERMITS 26.01 General Dispositions - After the effective date of this Regulation the requirements and issuance of permits within the Coastal Zones of Puerto Rico will be govern by criterias established here with. 26.-0-2 Permits. Requirements In accordance with pertinent dispositions of this Regulation, a permit will be required to use any structure or property,, or to construct,, rebuild,, alteration, enlarge or move any structure as well as the installation of signs or advertisements within the Coastal Zone of Puerto Rico. It will not be necessary, to comply with the requirement of construction permit,, for structures whose construction has been legaly authorized prior to the effective date of this Regulation and the works accomplished within the effective dates of the permit; or for repairs of structures ,except within the Historic and Antique Zones established by Act No. 374, May 14, 1949. 26.03 Issuance of Permits Construction, use installation of signs or advertisement permits will be issue when the. structures,, uses or signs or advertisements, harmonize and are in agreement with the requirements of this Regulation. The 102 construction or use permit will be issue individually for,each lot or farm. A performance bond could be required in accordance with Act No. 76, June 24, 1975, to issue a construction or use permit, when the nature of the use justifies it. 26.04 Permits Related with Public Ways (1) As of the effective date of this Regulation, constructionp reconstruction,, alteration, extension or use permits for any building or lot will not be issue unless the lot has the corresponding access.. For new developments, construction permits can be issue upon determination that the affected lots will have the corresponding access once the works are completed. (2) When the proposed ways or roads are included in the Department of Transportation and Public Works Five Years Highways Construction Program,, or programmed for construction by the Municipal Authorities, the recommendations in the land use plans will prevail without modifications and no buildings construction will be authorized within the proposed right of way (Art 21# Act No. 76,, June 24, 1975). A"TA PLANVWA@ (3) When the construction of the roads proposed in the highways plan has not been program, as previously indicated, the issuance of construction and use permits for buildings or structures will be permitted, without consideration that they will occupy land affected by the tracing, continuation, widening, extension or prolongation of the ways in accordance with: a. Construction or use -of buildings . or .structurest for any purpose, permitted in the district of zone were located in accordance with Resolution JP-235, October 28, 1981 - "Establishing Parameters for Issuance of Permits in Properties Affected by the Vial Plans". b. The parameters established do not bear theeffect of permitting the construction and uses of buildings or structures nor the subdivision of land in districts were security measures for the protection of lives,, properties and resources,, prohibits them. c. The permits issued under the above provisions will indicate the possibility that the project could be affected in the future, by the construction of a way. W14 (4) Lots affected by programed public ways as indicated,, but not constructed, the dispositions of this Regulation will apply to the remnant of the lot as if 'the ways were constructed. (5) Constructions projects for ten (10) or more basic housing units,, in lots were a bonus has been authorized in density or gross floor area, based on the land donated to expand the way, the @construction of improvements works in front or within the lot, as required by the Department of Transportation and Public Works or the Municipal Goverhmentf depending on the case, and corresponding to the direct vehicular access into 26.05 Permits Related with Airport Zones - No permits will be issue for the-use of properties or for th,e erection,, transfers or alteration of buildings or structures including chimneys, post* tanks, radio towers,, antennas,, towers,, electrical transmission lines or other structures permitted by this Regulation,, when they cause interference with radio communications *between the contr ol tower and the aircraf ts or they hinder pilots visibility by obstructing airports lights or other control lights, or causes reflections that bothers pilots us ing the airport., or diminish visibility in the vicinity of the airport or constitute a hazard to landing, take-off or manuverability of the aircraft, or the established heights limits in relation to the Airport Zones are exceeded. 26.06 Legal Non-Comforming Permits - Permits will be issued for those legal non-conforming uses and buildings. The legal non-conforming permit will specify the nature and extension of the legal non-conforming in which the building or *property does not conform with this Regulation. The party interested in the u se of a property whose use results in a legal no n-conf orming , will request in. writing a non-coforming permit within one (1) year after the effective date of this Regulation. Properties whose uses become non-conforming due to an effective date following any amendment to this Regulation or adopted Zoning Maps or Official Maps; the legal non-conforming permits for the non-conforming uses will be requested within one (1) year from the effective date of the adopted maps or amendments. 26.07 Discontinuatio'n of Non-Conforming Legal Uses Once the use of the building or property conforms with the Regulation due to changest it can not be dedicated again to uses which are not permitted. 106 When a legal non-conforming use is discontinued for a period of more than one (1) year, any future use of the property will conform with the-dispositions of this Regulation for the district in which it is located. 26.08 Permits Related to Constructionst Alterations, Expansion or Repairs in Legal Non - Conformina Properties 1. In buildings which conform because of it use and population density, but are legally non-conforming in other aspects, will be permitted structural alterations, expansions, sanitary installations and kitchen facilities, provided the proposed works conforms with this Regulation. 2. In buildings of parts of them, which conforms in use, but are legaly non.-confor,ming in other aspects,, will be permitted changing of existing floors, roofs and interior walls,, using permanent materials, 26.09 Effective Dates of the Decisions on Permits 1. All favorable desicions; or authorizations on conforming consultation on a project, preliminary development or final project related to a construction projectr will 107 expire: I L W 1. t h i n a p e r i c d C@f C r-, e year after. the decision was issued, a construction permit has not been obtained but the work authorized has not started within one (1) year from the date it was issued; or the works were started as established, but not completed within the time- frame establish in the permit issued. 2. All decisions authorizing use permits will elapse: if within a one (1) year period after the decision is rendered,, the corresponding use permit is not obtain; or, if after the use permit is obtained, the authorized use is not establish within one (1) year from the issue date of the permit. 3. All decisions authorizing any permit for the installation of signs or advertisements will elapse: if within a period of one- (1) year after it has been issue the corresponding permit for the installation of the sign or advertisement has not been obtain; or within a period of one (1) year after the- installation permit is obtain the sign or advertisement authorized has -not been installed. UULLLu"'Mikk Ina M"Awaftaft@MW sftemeffn@ imm 4. The terms of the effective dates -previously established are considered final for all legal aspects, except that an extension can be granted on a petition from the interested party, when such extension is not contrary to the public interest and the. petition is submmited thirty (30) days prior to the expiration date, indicating the reasons for the petition and including the evidence of progress achieved in the preparation* of the preliminary plans,, construction plans,, studies and other documents required. 109 SECTION 27.00 VARIATIONS (CONCESSIONS) 27.01 General Dispositions The Board or the Administration can authorize variations (concessions) to the requirements of this Regulation in cases were, because of exceptional or extraordinary circumstances a literal application of the same' could result in an unreasonable restriction or prohibition of the enjoyment of a property, and were it has been clearly demonstrated that the variation (concession) will correct an unjust act and will contribute to the best interest of the community and the sector. The variations (concessions) granted under this Section 27.00 will not cons titute an ammehdment to the Zoning Map or to this Regulation. 27.02 Initiative - All variations (concessions) will be requested by the owner or an appointed representative,, using the applicable forms; variations (concessions) in excess, of those requested, will not be granted. .27.03 Public Hearings - Prior to approving or disapproving a request for variation (concession) the Board or the Administration can hold public hearings to consider- these cases, when deem appropiate. Aamhk@ &'W'aaftnewarm now ASUM 110 27.04 Criterias for Granting Variations (Concessions) - Partial or total variations (concessions) can not be granted unless sufficient data is available to establish: 1. That exceptional or extraordinary circumstances such as, irregular shape of the lot or farm, the area is below the required minimum,, the rugged topography or other characteristics hinders the utilization or enjoyment of the property. 2. That due to exceptional or extraordinary circumstances,, the literal application of certain specific requirements of the Regulation will cause an unnecessary harm or a difficult practice, not created or imputed to the property owner. 3. That the variation (concession) is necessary to preserve and enjoy a property right and is demonstrated that the variation (concession) will alliviate an obvious injustice, whose right is owned and enjoyed by other properties in the same. district. 4. That if in the variation (concession) were requested a non permitted use for the zoning district, the use requested is compatible with the essential character of the district. 5. That the variation (concession) is in the best interest of the community, municipality or the people of Puerto Rico. 6. That grant ing the variation (concession) will not adversely affect the enjoyment and value of adjoining properties in its present or future permitted use. 7. That granting the variation (concession) wi 11 not adversely affect the capacity,, security and. convenient function of planned or existing public facilities, including ways,, schools,, waste disposal or other essential services. 8. That the requested variation (concession) harmonizes with the general purpose of this Regulation and with the Land Use Plan adopted for the area. 9. That granting the variation (concession) is consistent with the Objectives and Public Policy of the Land Use Plan,, Integral Development Plan for Puerto i Q Rico, Four Years Investment Plan and the conservation and preservation of natural and historic resources. 10. That the petitioner is willing to accept the additional conditions and requirements that the Board or the Administration imposes to protect and benef it the public interest. 11.@ That when the granting of the variation (concession) implies permitting simple subdivisions in agricultural zoning districts (A-1, A-2 and A-3), the following additional criterias will. be considered:, a. Maximize the use of land that will have the minimum impact on the production level of a farm when it is withdrawn , from agricultural use and subdivided for non agricultural purposes. b. That access ways into the lots are available cc easy to construct without destroying the connection or communication of. the agricultural unit. Now 1 13 c. That the water and electrical services, can be provided with a minimum of public investment. d. That the low production terrains to be subdivided will allow for the formation -of lots with a minimum front of thirteen (13) meters, minimum area of four hundred (400) square meters or an area in excess of four hundred (400) square meters needed for the infiltration tests performed for the septic tanks. 27.05 Conditions for Granting Variations (Concessions) When granting variations (concessions) the Board or the Administration will specify the nature and extent of the sames and will also prescribe the conditions which they deem necessary to insure compliance with the criterias established in this section to grant variations (concessions) . The variations (concessions) authorized will be subj ect to compliance with the conditions establish and with other dispositions of this and other applicable regulations. The non-compliance with any of the conditions, constitute a 1 14 violation of this Regulation and could constitute sufficient reasons to revoke in all its parts the variation (concession) granted. 27.06 Effective Date of the Decisions on Variation (Concessions) All favorable decision or authorization on any variation (concession) to the dispositions of this Regulation pertaining to construction, use or sign permits will expire if within one (1) year from the date it was granted, the corresponding permit has not been obtained. For all legal purposet this effective date is considered final, except, it could be extended on request*. from the interested party,, when such extension, is considered to be in the public. interest and submitted at least thirty (30) days prior to the expiration date of the decision,, indicating. the reasons on which the petition is base and including evidence of the progress achieved in the preparation of the development 'plans,, construction plans, studies and documents requiered for the case. SECTION 28.00 EXCEPTIONS (DIRECT AUTHORIZATION) 28.01 General Dispositions - The Board or the Administration, can authorize exceptions (direct authorizations) based on this regulation and in accordance with other uses discretionally permitted in Districts A-1, A-2, A-3,, B-11 B-3 and CR. 28.02 Other Uses Permitted in Districts A-1 The Board or the Administration could consider, in harmony with the goals and purposes -of this- Regulat ion, land site and use consultations related to the uses hereby indicated,, provided the projects comply.with the requirements deem convenient to insure the protection of the public interest and compliance with other requirements establish for the district. The Board or the Administration can require whatever additional information necessary to consider the project. 1. The Board - Public facilities,, either local or general, when the same are related to services and public utilities; or local protection services, when verified that such use is necessary for the operation of the'farm or based on the need for public services in the sector. 1 16 2. The Board uses SIMiiar to those permitted in the district provided that: a. The portion of the land were the proposed use is located, is not suitable for agricultural use of the district. b. The proposed use does not affect, nor implies the introduction of other activities adversely affecting the uses permitted in the district. C. Approval of the use does not imply land zoning changes. d.- The propose use does not increase the need for facilities and public services in the general area,, beyond those necessary if the land had been utilized for the uses permitted in the district,, without a special permit. 3. The Administration - Housing facilities for two families,, in addition to those permitted in the distric when they will be occupied by families or persons whose principal support will be derive from the agricultural used permitted and-conducted in the farm. 1 17 28.03 Other Uses Permitted in Districts A-3 The Board or the, Administration can consider, in harmony with the goals and purposes of this Regulation, site and land use consultations,in Districts A-2, when the project is related to the uses hereby .indicated, provided the projects meet the requirements deem convenient to insure the protection of the public. interest and compliance with the requirements establish for the district. The Board or the Administration can require whatever additional. information necessary to consider the project. 1. The Board - Public facilities of a local or general character when they are related to providing services, public utilities and local protection services, provided such services are necessary to the operation of the farm or based on the needs for public services in the sector. 2. The Board - Recreational facilities in an area of no more than three (3) cuerdas,, with some accessory structures for its operation. A larger area could be use for this purpose once it is verified that the place meets special considerations of scenic, historic,, scientific or 118 recreational value and the prcposed use will not adversely affect the purposes of the area special zoning. 3. The Board Uses similar to those permitted in the district provided that: a. The terrain were the propose use is to be located is not suitable for the agricultural use of the district. b. The propose use will not affect nor implies the introduction of other activities which adversely affect the uses permitted in the district. c. The approval of such use does not imply zoning changes. d. The propose use does not increase the need for facilities and public services inthe area, over and above what would be required, if the land propose use is the same as those permitted in the district with out special permits. 4. The Administration Commercial facilities or local services, excluding gasoline stations, in each lot or farmt limited to AW" 1 19 one building with a gross floor area not exceeding one hundred (100) square meters provided that the area of the land to be use for these purposes do not exceed five hundred (500) square meters. 5. The Administration - Churches, temples, meeting rooms and non-profit private clubs, when not occupying an area of not more than one (1) cuerda, and the gross f loor area they occupy do not exceed five hundred (500) square meters. 28.04 Other Uses Permitted in Districts A-3 - The Board or the Administration can consider, in harmony with the goals and general purposes of this regulation, land site and land use consultations in Districts A-3 for projects related to uses hereby indicated,, provided the projects meet the requirements deem convenient to insure the public interest protection and compliance with the requirements establish for the district. 1. The Board - The following uses provided it is establish that the benefits derived by the community due to the propose use surpass those obtain if the land is dedicated to the general agriculture. if in doubt, the Board can hold public hearings to clariffy the proposed objectives: OPKI"Oft 120 a. Residential communities b. Vacational Developments c. Tourist Developments d. Cemeteries e, Light Industry f. Amusement parks, drive in theater, cockfighting arenas and other activities determined to be an intense commercial recreational center. g. Hardware store with construction material (gravel,, sand, rods and cement). h. Dumps i. Funeral home 20 The Administration The, following uses can be located adjacent to an existing residential nucleus in. the district, provide it is. determine by an environmental evaluation, that the location of the same will not pollute the environment nor affect the agriculture and livestock production in the inmediate area and that adequate operating facilities are available, 121 a Commercial facilities not exceeding ten thousands (10,000) square feet for retail sales of consumer or houseware goods. b. Hardware stores not exceeding ten thousands (10,000) square feet, not selling costruction materials (gravel, sand, rods and cement). ce Institutional uses not requ iring over one (1) cuerda of land. 28.05 Other Uses Permitted in Districts B-1 and B-3 The Board of the Administration can consider, in harmony with the goals and general purposes of this regulation,, land site and use -consultation in the Districts B-1 and B-3 for projects related to the uses hereby indicated, provided these projects meets the requirements necessary to insure the due protection of the public interest and other requirements establish for the district. For these cases the Board or the Administration can require additional appropiate information to consider the project. 1. The Board - Local or general public facilities when related to services,, public utilities, local protection services when. the use* is necessary for the farm. operation,, or base on* the need of public services in the sector. 122 2. The Board Us es similar to thos e permitted in the district provided that: .a. The propose used is located in terrains which are not suitable for the designated use of the district. b. The propose use will not affect, nor imply the introduction of other activities that adver.sely affect the uses permitted in the district. C. The approval of the use does not imply a zoning change. d., The propose use will not increase the need for facilities and public services in the general area, above and beyond those necessary if the landwas utilize for permitted uses of the district without a special permit, 3. The Board - The following uses if it is establish that the benefits that the community will derive from the propose use, will be greater that those derive if the terrain is dedicated to forests, In case of doubt, the Board can hold public hearings to clarify the objectives: 123 a. Tourist Developments b. Vacational Developments .C. Recreational parks and camp grounds 4. The Administration - Housing facilities for two families, in addition to those permitted in the district, when they are to be occupy by families or persons whose principal support will be derive from the uses permitted or being conducted in the farm. 28.06 Other Uses Permitted in Districts CR The Board can consider, in accordance with the goals and general purposes of this regulation, landsite and use consultations in Districts CR for projects related to the uses hereby indicated, provided they meet the requirements deem convenient to insure the protection of the public interest and comply with requirements establish for the district. For this cases, the Board can require whatever information deem necessary,, to consider the project. The following tourist-recreational use s could be permitted provided it is establish that the community will derive benefits from the proposed use,, the natural environment will not be affected nor the.permanency of the resource to be develop. Am on fthwft@ 124 1 Inn (Paradores) 2. Tourist Village 3. Camping Areas 4. Restaurants 5. Cafeteria 6. Equestrian Parks 7.. Commercial Swimming Pools 8. zoos 90 Museums 28.07 Minimum and Maximum Sizes of the Lots The minimum lot size permitted in new subdivisions will conform with the size establish for the distri.pt in which the subdivision is permitted. As an exception, the lots for other uses permitted by direct authorizations in Districts A-11 A-2j A-3 .B-1 and B-3 will conf orm with the following criterias: 1. Residential,, commercial or institutional lots will have a minimum front of thirteen (13) lineal meters and a minimum area of four hundred (400) square meters, except when infiltration tests for septic tanks# demonstrate that a larger area is required. 2. The minimum size of all other lots will be the resultant of the terrain filtering GPM"@& 125 condition to dispose of waste waters by means of i a septic tank provided in accordance with Article V-B3-0 of the Building Regulation (Planning Regulation No. 7) but never less than four hundred (400) square meters as stated in (1 above. 3. Maximum size of the lots f or other uses permitted in districts A-1,, A-2,. A-3r B-1 and B-3 will conform with the dispositions of this Section in respect to Exceptions (Direct Authorizations). 28.08 Conditions to Grant Exceptions (Direct Author,ization) The exceptions (direct authorization) granted will be subject to the compliance with the conditions established and other dispositions of this and any other Planning Regulation. 28.09 Effective Dates of the Decisions on Exceptions (Direct Authorizations) - All favorable decisions granting exceptions (direct authorizations) related to construction, use or signs permits will be voided if within one (1) year from the date it was authorized, the corresponding permit is not obtain, JUWA N RAWROMM 126 This effect ive date, for all leeal effg.ctq is considered final but can be extended on request by.-.the interested party when such extension is not contrary to the public interest and the petition is presented at least thirty (30) days prior to the expiration date. The request will indicate the motives for the petition and will include evidence of the progress achieve in the preparation of the preliminary project, construction plans studies and documents that the use requires. 28.10 Public Hearings - The Board or the Administration can hold public hearings for those cases deem appro@riatet prior to deciding on the request for an exception (direct authorization). NOW 127 SECTION 29.00 SPECIAL PROCEDURES 29.01 Penalties and Procedures Violators of dispositions of this, Regulation will be prosecuted and penalized in accordance with Acts 'No.. 75 and 76, June 24j 1975, as amended. 29.02 Temporary Orders The Board under the provisions of Article 11 (8) Act 75,, can issue temporary orders prohibiting land developments or. construction of installations or structures which violate the present Regulation. 29.03 Recources of Mandamus, Interdiction, Lawsuits The Administrator of the Regulations and Permits Administration, based on Article 28, Act 76, and the Board, based on Article 11 (2), Act 75, can file recourc es of interdiction# mandamus, nullity or any otheradequate action to impede, prohibit, anull, vacate, remove or demolish any building constructed or any structure, or use made or maintain in violation of this Regulation. 29.04 Orders to Do or Not to Do and to Cease or Desist The Board, based on Art 11 (9) , Act 75, or the Administrator of the Regulations and Permits Administration, based on Art. 25, Act 76, can issue orders to Do or Not to Do and of Cease and Desist# to assume preventive measures or necessary controls to insure compliance with this Regulation. 128 29.05 Permit Violations When the Administrator of the Regulations and Permits Administration determines that a violation exits of the conditions establish in the permits issued; will issue a cease and desist order in accordance with Article 25, Act 76 of June 24, 1975. The Administrator will require that the party responsible for the violation, correct the same within a reasonable time.. not exceeding thirty (30) days. when no corrective action is taken within the period of time specified# the Administrator can set administrative fines permitted by Article 29, Act 76 of June 24, 1975,, pending initiating the legal procedures established by Article 28 of the reference law. 29.06 Administrative Pines - The Board, based on Article 11 (10), Act 75 or the Administrator,, based on. Article 29j Act 76, can impose administrative fines for violations of. this Regulation, based on the faculties granted in their respective Organic Acts and following the procedures established for such purposes. 29.07 Citations The Board, based on Article 26, Act 75 or the Administrator based on Article 12 of Act 76, can summon witnesses to appear before them, or present, documents or other evidence required. 129 29.08 Misdemeanor All persons violating this Regulation will be charge of a misdemeanor, if found guilty of the charges can be fine in the amount, not to exceed five hundred (500) dollars or sentence to -serve in jail for a period not to exceed six (6) months, or both sentences at the discretion of the Court. 29.09 Obstructing the Access to the. Coasts or the Beaches - The Board or the Administrator can use all mechanisms available in the subsections above and others available by law, to order the removal of obstructions or barriers; prohibit any restriction or interference, affect ing the public right to access into the coastal sector or beaches of Puerto Rico. Other governmental organisms or private agencies can be use to remove the obstructions or barriers,, with the cost for the removal charged and collected from the person that violated the provisions of this Regulation. 29.10 Signs or Floating Buoys Prohibiting the Access to the Coasts or the Beaches - Former dispositions of this Section apply to signs, markers, floating buoysr which classify a beach or coast as private property or which violate any disposition of this Regulation. 130 29.11 Bond Prior to Authorizing a project on a coastalp beach or lake sector, a bond will be required to be deposited with the Department of Natural Resources, to guarantee that the beach sector will be maintain and its natural character restore as well as the preservation or conservation of unique or important natural system. 29.12 Forfeiture of Bond If the natural character of the beach or coast sector and that of the natural systems around the projects, are not maintain or restore, the Department of Natural Resources will proceed to forfeit the bond and use it to restore and maintain to the maximum, the beach, coast and lake sectors and the natural system adversely affected. 29.13 Board of Appeals - The Board ot Appeals on Constructions and Subdivisions created by Article 30,, Act 76, shall have power to. take cognizance exclusively of those cases where a party is directly interested in or is affected by actions, decisions or resolutions of the Regulations and Permits Administration in regard to matters in which was authorized to act by Article 31 of Act 76. 131 The actions or resolutions of the Board of Appeals on Constructions and Subdivisions can be review,, under a petition or reconsideration, before the Superior Court of Puerto Rico, conplying with procedures established in Article 31, Act 76. The review before the Superior Court shall be limited exclusively to issues of law. 29.14 Reconsideration - Any party affected by 'a decision of the Planning Board.. in i.ts adjudicatory function, under the powers granted by this Regulation, can file a petition for reconsideration in writing, within the first thirty. (30) days of mailing of the notice of decision, 29.15 Review by the Superior Court - (1) Any party aggrieved by an action, decision or resolution of the Planning Board in its adjudicatory function, in connection with which. a petition for reconsideration has been filed within the term specified by, the Board,, may file a petition for review before the Superior Court of Puerto Ricof under the provisions of Article 32, Act 75, within the first thirty days of mailing of notice of the resolution or agreement. Review by the Superior Court shall be limited exclusively to issues of law. OPMOM oft OOMNMW@ JUM"M 132 (2) Any party aggrieved by the action, decision or resolution of the, Regulations and Permits Administration on housing developments cases can submit a petition for reconsideration or file a petition for review before the Superior Court of Puerto. Rico following. the procedures established in Article 32, Act 76. The review before the Superior Court shall be limited exclusively to issues of law. RMMMft d. ft@ 133 SECTION 30.00 DEROGATORY DISPOSITIONS AND SAVINGS CLAUSES 30.01 Regulation for the Hydrographic Basin of the Tor.tuguero Lagoon - In accordance with Sections 1.08,, 1.09 and 9.06 of the present regulation, the Regulation for the Hydrographic Basin of the Tortuguero Lagoon will be consider as a Spe,7ial Regulation in Coastal Zone Sector of Puerto Rico. 30.02 Dispositions on the Set Back of Buildings or Structures from the Terrestrial Maritime, Limit in the Zoning Regulation and in the Tourists Interest Zones Regulation The Dispositions of Topic 17,, Section 57.001 of the Zoning Regulation (Planning Regulation No. 4) , and of Topic 9 constructions in the Coastal zone,, Section 12 (Set Back from the Terrestrial Maritime Zone) of the Tourist Interest Zones Regulations (Planning Regulation No. 16), will be substituted by Section 8.00 (Set Back of Buildings and Structures from Terrestrial Maritime Limits and Shadows Study) of the present Regulation from the effective date of the same. 30.03 Special Norms for. the Parguera Area in the Municipality of Lajas - The norms that apply to the special cases in the Parguera Areao, Lajas (Resolution JP-197-Ap October 17j, 1972, approved by the Governor on Noveitiber 27p 1972) will be JUMWPW@ 135 considered as a Special Regulation in the Coastal Zone Of Puerto Rico in accordance with Sections 1.08, 1.09 and 9.06 of the present Regulation. 30 .04 Special Norms for the Municipality of Culebra - The special norms established for the low density, residential districts (R-0) in the Municipality of Culebra (Resolution No. JP-215 and Extentions) will be considered as a Special Regulation in the Coastal Zone Sector of Puerto Rico,, in accordance with Sections 1.08,, 1.09 and 9.06 of the present Regulation. 30.05 Airport and Flood-Prone Zones In the Airport Zones* (Resolution Z-8 and Z-8A of November 20, 1952 and December 28, 1972 respectively) and in the Flood-Prone Zones (Planning Regulation No. 13) the dispositions of this Regulation can be applied in a suppletory form. I-COASTAL ZONE-SHORELINE SETBACK A-SECCION 8.01 -GENERAL, - DISPOSITION REQUIRED C-AFTERNOON SHADOW E-ILLUSTRATION OF VARIOUS ANGLES INFLUENCING SETBACK SETBACK FROM THE MARITIME ZONE. DIRECTLY AT 180 LATITUDE REQUIRED FROM THE MARITIME ZONE. IINTERIOR LIMITS) I AVERAGE SETBACK OF EXISTING BUILDING -IN CONOADO .spo 4PO 2 SUNANGLE (AVERAGE AT 4 P. M. I 1: 1. 15. Wall . 3 CONE OF VISION AT AN ANGLE' 1- 2.1 0`1 lob M. L. so HORIZONTAL 6goved line 4 REQUIRED SET BACK ANGLE 1:2.5 5 SUN ANGLE MAXIMUN CONDITION AT 4 P.M. 1: 2.9 1 D-CONE. OF VISION of 6 AVERAGE SETBACK OF 8 CORDILL ERAO Mw 11161416 Seebeck III sees 11 EXCEPTIONS IN URBAN ZONES: 8-01STANCE FROM THE BASE OF THE BUILDING MEASURED HORIZONTALLY TO THE MARITIME A-SECTIONS 0.02MAND 8.02 (31-CONT,IGUOUS BUILDINGS-LINE DIRECTED BETWEEN THE HIGHEST POINTS OF THE ZONE LIMIT BUILDINGS EXTENDING 100 METERS ON IDES C- SECTION 6.030) PHYSICAL IMPROVEMENTS FOR PUBLIC USES LOT A-1 NO REQUIRED, $TORIES LOT LINE KACM 1,136 MET 1111111 All I. ONE loon. 4 lug M. L. 36 METERS) EAW- 90 91ACN A<L/2 WHEN 5% OF CONSTRUCTION COST OF THE PORTION OF THE 2.5136agOMET11111 SETBACK BUILDING THAT EXCEED THE REQUIRED SETBACK.IS INVESTED LOT LINE LOT LIVE IN PUBLIC RECREATIONAL AMENITIES RELATED To THE COAST IN ADDITION TO THE FACILITIES REQUIRED BY REGULATIONS. If BOTY KA<A Woralwo EXAMPLE OF A 36 METERS HE.IGHT BUILDING. 9- SECTION 6.0312) -OPEN SPACES AND FREE OF 112 STORIES) VISUAL OBSTRUCTION. APENDIX -ILLUSTRATION TO ASSIST IN THE INTERPRETATION OF THE DISPOSITIONS OF SECTION 8.00-BUILDINGS OR STRUCTURES SETBACK FROM THE TERRESTRIAL MARITIME LIMIT AND.SHADOW STUDIES. NOAA COASTAL SERVICES M LIBRARY 3 6668 14110011 7