a. Sidewalk (Acera): Strip of land within the right-of-way, extending from the property line to the outer line of the curb and gutter, and which is reserved for pedestrian traffic.
b. Activity (Actividad): According to Executive Decree Number 31849-MINAE-SALUD-MOPT-MAGMEIC, it is defined as the set of operations or tasks characteristic of a person or entity.
It may involve actions of diverse scope, such as economic, social, planning, and educational activities.
c. Adaptation (Adaptación): Modification of a building, monument, site, complex, or historic center to utilize it for uses compatible with its cultural value.
d. Industrial Activity (Actividad Industrial): That activity carried out in an uncovered or covered establishment intended for the transformation, handling, or utilization of natural products, or for the elaboration, handling, transformation, or utilization of artificial products through physical, chemical, or biological treatment, manually or by means of machines or instruments.
Establishments where activities dedicated to the food industry are carried out are included.
e. Principal activity (Actividad principal): Activity that constitutes the center of the actions carried out in an establishment, and which generates the highest productivity, in relation to other complementary or accessory activities that a permit holder develops within the same establishment and does not depend on any of the other activities.
f. Ecological Agriculture (Agricultura Ecológica): According to the provisions of the Organic Environmental Law #7554, ecological agriculture shall be understood as that which employs methods and systems compatible with ecological protection and improvement without using chemically synthesized inputs or products. Organic or biological agriculture are synonyms for ecological agriculture.
g. Agroforestry (Agroforestería): Also defined as an agroforestry system by the Forest Law #7575, it is the way of using land that involves the combination of forest species in time and space with agronomic species, in pursuit of the system's sustainability.
h. Agrotourism (Agroturismo): A specialized segment of tourism in which rural culture and knowledge of agro-industrial techniques are economically utilized to generate tourism activities, such that the tourist is attracted through cultivated landscapes and activities directly linked to agriculture and livestock farming in general. It comprises not only such activities but the facilities linked to them such as stables, warehouses, barns, ponds, riding arenas, silos.
i. Wastewater (Aguas Residuales): Those that have received a use and whose quality has been modified by the incorporation of contaminating agents.
j. Storm Sewer (Alcantarillado Pluvial): According to Executive Decree No. 33601-MINAE-S, it is the public network of pipes used to collect and transport rainwater to its discharge point.
k. Sanitary Sewer (Alcantarillado Sanitario): According to Executive Decree No. 33601-MINAE-S, it is the public network of pipes used to collect and transport wastewater to its treatment and discharge point.
l. Setback (Alineamiento): Minimum physical distance or limit for the placement of a building with respect to public roads, waterways, streams, springs, lakes, lagoons, estuaries, springs (nacientes), maritime-terrestrial zone, railway lines, high-voltage electric lines, and special zones, issued by the competent entity.
m. Road Setback (Alineamiento Vial): Line fixed by the Municipality of La Unión (in the case of properties facing or bordering municipal road network streets or roads); by the Ministry of Public Works and Transportation (in the case of properties facing or bordering national road network streets or roads), or by the Costa Rican Railway Institute (in the case of properties facing or bordering the railway right-of-way) as the maximum limit or proximity for the placement of a construction, with respect to the public road.
n. Maximum Height (Altura Máxima): Maximum elevation value for structures and/or buildings that is established by the Regulatory Plan for each of the use zones in which construction is permitted and is expressed for each zone in meters and in maximum number of floors.
o. Building Height (Altura de Edificación): Vertical distance measured from the minimum ground level in contact with the building to the crown beam of the last level. Basements and semi-basements are not considered as part of said calculation.
Front Yard (Antejardín): Distance between the property lines and the building lines, the former of cadastral origin and the latter of official definition, granted by the MOPT or the Municipality; as applicable, it implies a restriction to build, without the portion of land thereby losing its condition of private property.
p. Parking Space (Aparcamiento): Space intended for parking vehicles.
q. Minimum Lot Area (Área Mínima de Lote): Minimum size of a property expressed in square meters or hectares.
r. Urban Area (Área Urbana): It is the territorial scope of development of a population center.
s. Previously Urbanized Area (Área Previamente Urbanizada): Area that has been the object of subdivision (fraccionamiento) and habilitation for urban purposes, through the opening of streets and provision of services.
t. Cabin (Cabina): According to Executive Decree 32592-MP, it is an establishment that provides lodging service for a daily rate, forming a homogeneous group of at least seven housing units, each with a private bathroom, one or more bedrooms, living-dining room, and kitchen, generally located at the beach, rivers, lakes, and mountains.
u. Public Street or Public Road (Calle Pública o Vía Pública): It is any land in the public domain and for common use, which by provision of the administrative authority is destined for free transit in accordance with planning laws and regulations and which is already effectively destined for that public use. According to their class, public roads shall also be destined to ensure the aeration and lighting conditions of the buildings that border them; to facilitate access to neighboring properties; for the installation of any channeling, artifact, apparatus, or accessory belonging to a public work or destined for a public service. For the purposes of this Regulatory Plan, all those indicated as such on the land use zoning map, the official map, and the road map are public streets or roads.
v. Roadway (Calzada): Part of the street or public road destined for vehicular traffic, comprised between curbs, ditches, or drainage trenches.
w. Land Use Certificate (Certificado de Uso del Suelo): Official document issued by the Directorate of Urban Development and Control of the Municipality of La Unión, which establishes whether the existing, requested, or proposed use on a property conforms or not to the zoning established in the Regulatory Plan, for which purposes the Zoning Map, the Official Map, and the Vised Cadastral Plan of the property in question and the setbacks established by the competent institutions are used as indispensable instruments.
x. Classification of industrial establishments according to risk (Clasificación de establecimientos industriales según riesgo): The industrial, commercial, and service establishments defined in this regulation are classified according to their sanitary and environmental risk into three categories:
Group A (High Risk): Those establishments that, due to the characteristics of the activities they carry out, may present a high sanitary and environmental risk, which could eventually affect the integrity of persons and the environment.
Group B (Moderate Risk): Those establishments that, due to the characteristics of the activities they carry out, may present a moderate sanitary and environmental risk, whereby the integrity of persons and the environment would not eventually be exposed to significant damage.
Group C (Low Risk): Those establishments that, due to the characteristics of the activities they carry out, present a low sanitary and environmental risk, whereby the integrity of persons and the environment is eventually not affected.
y. Coverage (Cobertura): The horizontal projection of a structure or the area of land covered by such structure. It includes any type of work that generates soil coverage and impermeabilization, such as roofed areas, civil works (obras civiles), structures, parking areas, roadways and internal roads, among others.
z. Condominium (Condominio): Real property susceptible to independent use by different owners, with indivisible common elements, whose various modalities are defined in the Law Regulating Condominium Property, Law No. 7933, its Regulation Executive Decree No. 32303-MIVAH-MEIC-TUR, its amendments, or the regulations that replace it.
aa. Construction (Construcción): Art of constructing any structure that is fixed or incorporated into a terrain; includes works of edification, reconstruction, alteration, or expansion that imply permanence.
ab. Urban Quadrant (Cuadrante urbano): System of cities in a grid layout where the majority of goods and services, the road structure, and its immediate area of influence are found.
ac. Right-of-Way (Derecho de vía): That area or surface of land, property of the State, destined for the use of a public road, which includes the roadway, green areas, and sidewalks, with adjacent zones used for all complementary installations and works. This area is delimited on both sides by the boundaries of the adjoining properties at their property line.
ad. Drainage (Drenaje): Structure that is placed or constructed to dispose of and evacuate surface waters.
ae. Industrial and Storage Establishment (Establecimiento industrial y de almacenamiento): Those premises, covered or uncovered, destined for the manipulation, transformation, or utilization of natural or artificial products, through physical, chemical, or biological treatment, whether by manual means or by application of machinery or instruments. Also included under this designation are sites destined to receive or store work utensils and materials that must be treated or that are in the process of elaboration, or their products; in addition, all annexes of factories or workshops and warehouses.
af. Communal Facilities (Facilidades Comunales): Or community equipment, are the services offered in a community to maintain a quality of life and social interaction characteristic of its culture. Some are offered by the State or the Municipality, such as schools, security services, health services, childcare centers, recreation areas, and cemeteries; others are provided by private agents such as pre-school education, private schools, rented recreation centers.
ag. Subdivision (Fraccionamiento): The division of any property for the purpose of selling, transferring, negotiating, distributing, exploiting, or using the resulting parcels separately; it includes both partitions by judicial or extrajudicial adjudication, locations of undivided rights and mere segregations in the name of the same owner, as well as those situated in residential developments (urbanizaciones) or new constructions that concern the control of the formation and urban use of real estate.
ah. Greater Metropolitan Area (Gran Área Metropolitana, GAM): Urbanistic control area established in the Regional Urban Development Plan, published in Gazette 119 of June 22, 1982; modified by Executive Decree No. 25902-MIVAH-MP-MINAE; and by Executive Decree No. 38145-PLAN-MINAE-MIVAH-MOPT-S-MAG.
ai. Habitable (Habitable): Building that meets the minimum conditions of safety, hygiene, and comfort.
aj. Zone Boundary (Límite de Zona): The line that frames and defines a zone and that will be demarcated on the zoning map.
ak. Construction Line (Línea de construcción): A line generally parallel to the property front line, which indicates the distance of the front setback (retiro frontal) of the building or required front garden (antejardín). It demarcates the permitted building limit within the property.
al. Property Line (Línea de propiedad): The line that demarcates the boundaries of a particular property.
am. Official Map (Mapa Oficial): The plan or set of plans in which the position of the layouts of public roads and areas to be reserved for communal uses and services is indicated with exactness.
an. Reference Level (Nivel de Referencia): The level of the point located at the intersection of the street axis with its perpendicular passing through the center of the lot frontage. The reference level is the zero level for the purposes of establishing building heights or basement depth.
ao. Foundation Level (Nivel de Desplante): The level of the bottom of the lowest or deepest slab of a construction.
ap. Civil Work (Obra Civil): Work designed and constructed through the applied sciences and technology pertaining to civil engineering.
aq. Floor (Piso): In a building, a level platform that serves as a ground surface and to support furniture. The floor that is at ground level is called the first floor (primer piso); a one-story building is one with a single floor. By floor is known the set of rooms limited by horizontal planes determined in a multi-story building.
ar. Horizontal Property (Propiedad Horizontal): That type of building where a person is the exclusive owner of a floor, apartment, or building and co-owner of the assets assigned to common use.
as. Urban Renewal (Renovación Urbana): The improvement process directed at eradicating slum areas or informal settlements and rehabilitating urban areas in decay or a defective state, the conservation of urban areas, and the prevention of their deterioration; it also includes processes of relocation of settlements affected by potential natural or anthropogenic hazards.
at. Urbanistic Requirements (Requisitos Urbanísticos): The conditions established for a lot so that it can be subdivided (fraccionar), such as minimum size, surface area or capacity, and minimum dimension or width fronting the street. Such conditions are established in the urban control regulations of the Plan Regulador and complementarily in the current Reglamento de Fraccionamientos y Urbanizaciones and the Construction Regulations.
au. Front Setback (Retiro Frontal): Term equivalent to Front Garden (Antejardín).
av. Side Setback (Retiro Lateral): Non-buildable open space, comprised between the side boundary of the property and the nearest part of the building.
aw. Rear Setback (Retiro Posterior): Non-buildable open space comprised between the rear boundary of the property and the nearest part of the building.
ax. Services (Servicios): Set of activities that seek to respond to the needs of a client. Services include a diversity of activities performed by a large number of functionaries who work for the state (public services) or for private companies (private services); among these may be noted the services of: electricity, potable water, sanitation, telephone, telegraph, mail, transportation, education, cybercafés, health, and social assistance. ay. Public Services (Servicios Públicos): Those services that make it possible to resolve the needs of the population, such as lighting, potable water, cleaning, health, telephone, and transportation, administered by the State or by private companies.
az. Wastewater Treatment System (Sistema de Tratamiento de Aguas Residuales): According to Executive Decree No. 33601-MINAE-S, the set of physical, chemical, or biological processes, whose purpose is to improve the quality of the wastewater to which they are applied.
ba. Housing Unit (Unidad habitacional): Unit of measurement by which density is determined, abbreviated as uh/ha (housing units per hectare); and constituted as the structure for housing use no smaller than 30m² and that at least allocates one room for a kitchen, another for a bathroom, and another for a bedroom, all of which comply with the minimum constructive guidelines that nationwide regulations provide for such purpose.
bb. Residential Development (Urbanización): The subdivision (fraccionamiento) and habilitation of a terrain for urban purposes, through the opening of streets and provision of services.
bc. Land Use (Uso de la Tierra): The utilization of a terrain, of the physical structure settled on or incorporated into it, or of both cases in terms of class, form, or intensity of its use.
bd. Permitted Use (Uso Permitido): The purpose or utilization that a terrain or building has authorized, in accordance with the regulations of the Plan Regulador.
be. Non-Conforming Use (Uso No Conforme): Non-conforming use is that which does not conform to the indicated zoning but that existed de facto at the effective date of a Plan Regulador and, therefore, may be continued under the principle of non-retroactivity of the law, but with limitations.
bf. Prohibited Uses (Usos Prohibidos): All those uses that are not expressly permitted by the Zoning Regulation of the Plan Regulador in the different use zones.
bg. Dwelling (Vivienda): Any locale or enclosure, fixed or mobile, constructed, converted, or arranged, used for the purposes of lodging persons, on a permanent or temporary basis.
bh. Multifamily Dwelling (Vivienda Multifamiliar): The building conceived as an architectural unit with independent habitational areas, suitable for giving shelter to two or more families.
bi. Single-Family Dwelling (Vivienda Unifamiliar): The building provided with habitational areas destined to give shelter to a single family.
bj. Zones (Zonas): Territorial circumscriptions defined in the Plan Regulador which are subject to specific regulation regarding the use that can be given in them and regarding the urbanistic and construction requirements imposed on the buildings that exist in them or that are proposed to be constructed.
bk. Aquifer Recharge Zone (Zona de Recarga Acuífera): Surfaces on which infiltration occurs that feeds the aquifers and river channels, according to delimitation established by the Ministry of Environment and Energy on its own initiative or at the request of interested organizations, after consultation with the Instituto Costarricense de Acueductos y Alcantarillados, the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento or another technically competent entity in water matters.
bl. Zoning (Zonificación): The division of a territorial circumscription into use zones.
APPLICATION OF THE PLAN REGULADOR