14.1. Prevention and Control of environmental impact.
.ARTICLE 15. License exception for minor maintenance works.
.ARTICLE 16. Mandatory information basis for License applications .ARTICLE 17. Independence of procedures for different licenses on the same property.
.ARTICLE 18. Truthfulness of information.
.ARTICLE 19. Validity of licenses 19.1. Licenses for demolition, earthworks (movimientos de tierra), construction, and others 19.2. Exterior advertising licenses 19.3. Licenses for Telecommunications works.
19.4. Validity of Land-Use Certificates (Certificados de Uso de la Tierra, CUT) issued for a property.
19.4.1. Transitional provision for Land-Use Certificates.
19.5. Permits for drainage and availability of the storm sewer network .ARTICLE 20. Resolution deadlines .ARTICLE 21. Types of licenses, their requirements, and mandatory payment 21.1. Approval for cadastral registration (segregation / reunification of properties/ area rectification) and its requirements.
21.2. Municipal Endorsement.
21.2.1. Municipal endorsement for special cases 21.2.2. Requirements for obtaining the municipal endorsement 21.3. Land-Use Certificate (Certificado de Uso de la Tierra, CUT).
21.3.1. Urban-Constructive Land Use 21.3.2. Urban-Commercial Land Use 21.3.3. Land Use for consultation 21.3.4. Requirements for Urban-Commercial, Constructive, and Consultation Land Uses.
21.4. Control and surveillance tasks.
21.5. Demolition License.
21.5.1. Requirements 21.6. License for earthworks (movimiento de tierra) and/or debris.
21.6.1. Requirements.
21.7. Temporary sidewalk closure license 21.8. Pavement Breaking 21.9. Construction Permit 21.9.1. Requirements 21.10. License for developments and subdivisions (fraccionamientos) 21.10.1. Phase 1. Preliminary project approval and its requirements.
21.10.2. Phase 2. Approval of constructive plans for development and its requirements 21.11. License for condominium projects and their requirements.
21.12. Acceptance of Development Works and its requirements.
21.13. Exterior Advertising License 21.14. Licenses for Telecommunications 21.14.1. General considerations.
21.14.2. General Requirements.
.ARTICLE 22. Notification of Completed Work .ARTICLE 23. Tax payment.
.SECTION III RULES AFFECTING THE DESIGN AND CONSTRUCTION OF WORKS .ARTICLE 24. General building rules.
24.1. Alignments.
24.2. Setbacks (Retiros) 24.2.1. Front setback (Retiro frontal).
24.2.2. Purpose 24.2.3. Aerial and/or underground projection 24.2.4. Use of the front yard (antejardín) 24.2.5. Case of road widening 24.2.6. Rear Setback (Retiro Posterior).
24.2.7. Side Setbacks (Retiros Laterales).
.ARTICLE 25. Noise in constructions .ARTICLE 26. Maximum construction area (AMC).
26.1. Formula for the AMC in Commercial and Mixed Industry - Commerce Zones.
26.2. Formula for the AMC in Residential and Mixed Residence - Commerce Zones.
26.2.1. Maximum Building Height in Residential and Mixed Residence Commerce Zones.
26.3. Land Use Coefficients (Coeficientes de Aprovechamiento del Suelo, CAS) and Height Coefficient (CA).
.ARTICLE 27. Location incentive .ARTICLE 28. Incentive for use of underground space.
.SECTION IV SANCTIONS .ARTICLE 29. General provisions on sanctions and procedures.
.ARTICLE 30. Infractions.
.ARTICLE 31. Content of the Notification .ARTICLE 32. Application of sanctions.
.ARTICLE 33. Calculation of fines.
.ARTICLE 34. Urban planning infraction .ARTICLE 35. Appeals.
.REGULATION No. 2. LAND-USE ZONING REGULATION .CHAPTER I. GENERAL PROVISIONS ON LAND USE .ARTICLE 1. Objectives.
.ARTICLE 2. Nature of Land Use 2.1. Conforming Uses (Usos Conformes).
2.1.1. Conforming Commercial Uses (Usos Comerciales Conformes).
2.1.2. Conforming Uses (Usos Conformes) in common areas of Commercial Condominiums.
2.1.3. Conforming Constructive Uses (Usos Constructivos Conformes).
2.1.4. Conditioned Conforming Uses (Usos Conformes Condicionados).
2.2. Non-Permitted Uses (Usos No Permitidos) 2.3. Non-Conforming Uses (Usos No Conformes) 2.3.1. Declaration of Non-Conforming Use status.
2.4. Properties affected by two or more use zones 2.5. Classification of activities 2.6. Standardization and Opening of new activities.
2.6.1. Standardization of economic activities with the CIIU4.
2.6.2. Opening of new economic activities in the CIIU4.
.ARTICLE 3. Functional classification of land by Use Zones and Areas 3.1. Residential Use Zones:
3.2. Commercial and Services Use Zones:
3.3. Mixed-Use Zones:
3.4. Green, Recreational, and Communal Areas (AVRC).
3.5. Public Areas (APU).
.CHAPTER II . REGULATION OF THE DIFFERENT LAND-USE ZONES AND AREAS .SECTION I. RESIDENTIAL USE ZONES .ARTICLE 4. Purpose.
.ARTICLE 5. Complementary uses.
.ARTICLE 6. Classification and requirements of residential zones.
6.1. Residential Zone-1 (ZR-1).
6.2. Residential Zone-2 (ZR-2).
6.3. Residential Zone-3 (ZR-3).
6.4. Residential Zone-4 (ZR-4).
.SECTION II. MIXED RESIDENCE-COMMERCE ZONE (ZMRC) .ARTICLE 7. Purpose 7.1. Requirements 7.2. Permitted activities .SECTION III. COMMERCE AND SERVICES USE ZONES .ARTICLE 8. Purpose 8.1. Commerce and Services Zone 1 (ZC-1).
8.1.1. Requirements 8.1.2. Permitted activities 8.2. Commerce and Services Zone 2 (ZC-2).
8.2.1. Requirements 8.2.2. Permitted activities 8.3. Commerce and Services Zone 3 (ZC-3).
8.3.1. Requirements 8.3.2. Permitted activities.
.SECTION IV. MIXED INDUSTRY - COMMERCE USE ZONES (ZMIC) .ARTICLE 9. Purpose 9.1. Requirements 9.2. Permitted Activities.
.SECTION V. GREEN, RECREATIONAL, AND COMMUNAL AREAS (AVRC) .ARTICLE 10. Purpose.
.ARTICLE 11. Conforming uses in AVRC.
.ARTICLE 12. Non-permitted works.
.ARTICLE 13. Uses in the Subsoil.
.ARTICLE 14. Regulation.
.SECTION VI. PUBLIC AREAS (APU) .ARTICLE 15. Purpose.
.SECTION VII. GENERAL LIST OF ACTIVITIES AND ZONING WITH THEIR CONDITIONING FACTORS .ARTICLE 16. General List of Activities and Zoning with their conditioning factors.
.SECTION VIII. SOUND LIMITS BY LAND-USE ZONE .ARTICLE 17. Sound level limits.
.CHAPTER III. OTHER GEOGRAPHIC REFERENCE UNITS, REGULATION AND CONTROL MEASURES ON LAND-USE ZONING.
.SECTION I. GOVERNMENTAL, INSTITUTIONAL, AND COMMUNAL USES (UGIC) .ARTICLE 18. Purposes.
.SECTION II. REGULATION AND CONTROL MEASURES ON LAND-USE ZONING .ARTICLE 19. Environmentally Fragile Areas (AAF), River Protection Areas (APR) and Areas of Natural Threat of Landslide and Floods (ANDI).
.ARTICLE 20. Areas Subject to Study (ASE).
.REGULATION No. 3. REGULATION ON MOBILITY AND PUBLIC SPACES (OFFICIAL MAP) .CHAPTER I. GENERALITIES .ARTICLE 1. Basis .ARTICLE 2. Delimitation of Competencies.
.CHAPTER II . MOBILITY .SECTION I. GENERAL PROVISIONS ON MOBILITY .ARTICLE 3. Objectives.
.ARTICLE 4. National roads.
.ARTICLE 5. Local streets.
5.1. Primary.
5.2. Secondary 5.3. Tertiary 5.4. Pedestrian paths.
5.5. Mixed-use paths .ARTICLE 6. Functionality of vehicular roads.
6.1. Roads for public transport 6.2. Zones for paid parking 6.3. Roads for transport of hazardous materials 6.4. Roads for loading and unloading.
.ARTICLE 7. Zone 30 .ARTICLE 8. Bike lane (Ciclovía) 8.1. Marked.
8.2. Shared 8.3. Segregated 8.4. Independent .ARTICLE 9. Road Nomenclature .SECTION II. PARKING .ARTICLE 10. Types of parking.
10.1. Public parking.
10.1.1. Special rules.
10.2. Private Parking.
10.2.1. Number of private parking spaces.
10.2.2. Design rules for private parking.
10.2.3. Parking spaces used on different properties 10.2.4. Compliance control.
10.3. Municipal parking meters .CHAPTER III. ON THE OCCUPATION OF PUBLIC SPACE .SECTION I. GENERAL PROVISIONS ON PUBLIC SPACE .ARTICLE 11. Concepts .ARTICLE 12. Duty of the State .ARTICLE 13. Right and duty of individuals .ARTICLE 14. Matters under specific regulation .SECTION II. ON AUTHORIZATIONS .ARTICLE 15. Powers .ARTICLE 16. On authorizations .ARTICLE 17. On the competent body for authorization.
.ARTICLE 18. On the application .ARTICLE 19. Obligations .ARTICLE 20. Responsibility for the occupation and inadequate use of public space.
.ARTICLE 21. Location and schedule of activities in public space .ARTICLE 22. Inspection, surveillance, and control .ARTICLE 23. Events or shows subject to permit.
.ARTICLE 24. Activities not subject to municipal authorization.
.ARTICLE 25. Prohibited activities, events, shows, or occupation.
.ARTICLE 26. On the temporality of authorizations.
.ARTICLE 27. On the payment of the fee (canon) and other taxes.
.ARTICLE 28. Revocation of authorization and other measures.
.SECTION III. MODALITIES OF OCCUPATION OF PUBLIC SPACE AND COMPETENT AUTHORIZATION BODIES.
.ARTICLE 29. Occupation for the provision of public services.
.ARTICLE 30. Occupation for temporary activities, events, or shows.
.ARTICLE 31. Authorization of public space under the competence of the Municipal Council.
31.1. Occupation for works in the aerial or underground public space.
31.2. Occupation of public space for for-profit events.
31.3. Occupation by administrative determination.
31.4. Occupation of public space for the extension of existing commerce.
31.5. Occupation of aerial public space for commercial activities.
31.6. Non-profit activities and under municipal or government sponsorship.
.SECTION IV. ON THE FEE AND PAYMENT OF OTHER TAXES .ARTICLE 32. Payment of fee for occupation of public space.
.ARTICLE 33. Activities not subject to the payment of the fee.
.ARTICLE 34. On the payment of other taxes.
.SECTION V. ON WORKS IN PUBLIC SPACE .ARTICLE 35. Works in public space.
35.1. Sidewalks, fences, gutters and downspouts.
35.1.1. Sidewalks.
35.1.2. Manholes and inspection chambers.
35.1.3. Ramps for people with disabilities.
35.2. Safety elements.
35.3. Tree planting on streets and urban furniture.
35.4. Temporary installations, materials, and debris on the road.
35.5. Transformation of existing alamedas into vehicular roads.
35.5.1. Requirements.
.REGULATION No. 4. EXTERIOR ADVERTISING REGULATION .UNIQUE CHAPTER. REGULATIONS .ARTICLE 1. Basis.
.ARTICLE 2. Purpose .ARTICLE 3. Principle of inter-institutional coordination.
.ARTICLE 4. Licenses 4.1. Validity 4.2. Temporary license 4.3. Exemption from license for a sign.
4.4. Requirements .ARTICLE 5. General Guidelines .ARTICLE 6. Prohibitions .ARTICLE 7. Location and maximum areas of signs 7.1. In the Historic Center (CHSJO).
7.2. Size of signs in the four central districts.
7.3. Size of the sign in the peripheral districts and DI-T24 .ARTICLE 8. Location and maximum areas of digital signs, digital screen types 8.1. Technological Innovation District (DI-T24) and González Víquez (GV).
8.2. On boulevards of Avenida 0 and 4.
.ARTICLE 9. Maximum height of the digital screen .ARTICLE 10. Minimum setback of digital screens.
.ARTICLE 11. Distance between digital screens in relation to traffic signals at intersections or corners .ARTICLE 12. Advertising on urban furniture .ARTICLE 13. Mobile advertising .ARTICLE 14. Duty of conservation .ARTICLE 15. Business License and Fee .ARTICLE 16. On the transfer of licenses .ARTICLE 17. Cases of exception .ARTICLE 18. On the responsibility of the responsible professional and property owner.
.ARTICLE 19. Control and oversight .ARTICLE 20. Waivers .ARTICLE 21. Cancellation of the advertising license.
.ARTICLE 22. Sanctions.
.ARTICLE 23. Fines.
.ARTICLE 24. Criminal actions.
.ARTICLE 25. On the charge for the exterior advertising license.
.ARTICLE 26. Repealing provision.
.UNIQUE TRANSITIONAL PROVISION.
GLOSSARY ACRONYMS INTRODUCTION The figure of the Plan Regulador is defined in Article 1 of Law No. 4240, the Urban Planning Law, which details textually: ".is the local planning instrument that defines through a set of plans, maps, regulations, and any other document, graphic or supplement, the development policy and the plans for distribution of the population, uses of the land, circulation routes, public services, communal facilities, and construction, conservation, and rehabilitation of urban areas." Since 1995, the Municipality of San José has had this instrument, which has been updated in accordance with what is stipulated in Article 30 of the Urban Planning Law, a tool published respectively in the official gazette La Gaceta:
▪ La Gaceta No. 17. Tuesday, January 24, 1995 ▪ La Gaceta No. 18. Monday, January 27, 1997.
▪ La Gaceta No. 186. Friday, September 24, 1999.
▪ La Gaceta No. 127. Thursday, July 3, 2003.
▪ La Gaceta No. 148. Wednesday, August 3, 2005.
▪ La Gaceta No. 29. Tuesday, February 11, 2014.
This reform, corresponding to the seventh update, was approved by Agreement No. 2, Article IV, of Ordinary Session No. 172, of the Municipal Council of the Central Canton of San José, held on August 13, 2019, and published in the Official Gazette La Gaceta No. 166, of Wednesday, September 4, 2019, which indicates: "Authorize the Municipal Administration to initiate the public consultation process with the citizenry leading to the assessment and Technical-Professional recommendation for the reforms of the Urban Development Regulations of the canton of San José".
This process involves the public consultation of the content of the Regulations with the citizenry, opening spaces for the realization of proposals, modifications, and initiatives, which can be incorporated into the current normative body, an invitation that was made through a publication in the newspaper La Nación, on September 23, 2019 (page 14). Likewise, the Municipal Council adopts Agreement No. 2, Article IV of Ordinary Session No. 181 of October 15, 2019, which was published in La Gaceta No. 206 of October 30 of the same year, where the receipt of proposals was extended until November 30, 2019 (page 8), which was disseminated in the newspaper La Nación on November 7, 2019, and in this way the peremptory deadline for the receipt of the requests emanating from interested parties was established.
Complying with the established deadline for the receipt of proposals, these are analyzed, field visits are carried out, and they are checked against a group of professionals in the field, who process and incorporate the requests received, which are part of a preliminary proposal presented to the Municipal Council. To complete the validation of the process, a public hearing is scheduled where the new version of the Regulations is presented, and any modifications arising from that participatory process are incorporated.
Once the validation cycle is completed, the Municipal Council grants its preliminary approval and it is forwarded to the Technical Environmental Secretariat (SETENA), the National Institute of Housing and Urbanism (INVU), and the Ministry of Economy, Industry, and Commerce (MEIC), in order to comply with the regulations governing the matter regarding regulatory plans. Once these procedures are completed, the Municipal Council issues the definitive agreement, concluding with the publication in the Official Gazette La Gaceta, which would constitute the new Urban Development Plan for the canton of San José.
In addition to the four Urban Development Regulations and the maps that complement them; forming part of this normative set, are the related documents, which are represented by National Legislation and the Regulations approved by the Municipal Council, which are updated and published periodically in the official gazette La Gaceta. Also, forming part of the Urban Development Regulations are the auxiliary documents, such as studies, manuals, etc., which are found in the departments responsible for the application and monitoring of this instrument. Next, a brief synopsis of the content of each of the Regulations is presented:
1. General Provisions Regulation. The Urban Development Regulations are conceptualized, and their periodic review is established in parallel to the formulation of the Municipal Development Plan, both processes, at the beginning of each new administration.
The dynamic nature of these regulations is recognized, which goes hand in hand with the growth and development of the City, in compliance with the regulations; they can be modified at any time to respond to new challenges, trends, and interventions that seek to improve competitiveness and the quality of life of the inhabitants of the City. Likewise, the municipality establishes the mechanisms to intervene in the urban renewal and repopulation of the city.
In the Urban Development Regulations, the intervention zones have been defined for the application of rules and development of programs and projects. These include:
▪ General intervention zones.
▪ Urban renewal zone.
▪ Zones of cultural and tourist interest.
Furthermore, the basic requirements are established for obtaining basic urban planning licenses, to segregate or reunite properties, construct or develop, demolish, remodel or repair constructions, or for the use of real estate for any activity.
Also, in this regulation, the rules affecting the design and construction of works are defined. Every new-build construction, replacement, expansion, remodeling, or restructuring work must comply with the alignment parameters, setbacks (retiros), and maximum construction areas (according to the Land Use Coefficient, CAS, and the Height Coefficient, CA).
2. Land-Use Zoning Regulation. This regulation governs the different activities that are carried out in the Canton. It seeks to contribute to the consolidation of certain uses and activities; in this way, the following general uses are established:
▪ Conforming Uses (Usos Conformes).
▪ Non-Permitted Uses (Usos No Permitidos).
▪ Non-Conforming Uses (Usos No Conformes).
In addition, the functional classification of the land is established, through the categorization of the zones and their respective use, according to the following detail:
▪ Residential use zones.
▪ Commercial use zones.
▪ Mixed residential - commercial use zones.
▪ Mixed industry - commerce use zone.
▪ Green and communal areas.
3. Regulation on Public Spaces and Mobility (Official Map). This normative instrument sets the parameters and rules to organize and make the Canton's road systems and traffic operational. It establishes the rules for occupying public space and parking.
This tool encompasses all aspects pertaining to:
▪ National roads (divided into primary, secondary, tertiary, and cross routes), which are restructured in the short term, called Strategic and Complementary Networks.
▪ Cantonal road network and its categorization (divided into primary, secondary, and tertiary).
▪ Pedestrian walkways and residential alamedas, with the aim of ensuring adequate mobility and appropriation of public spaces for the citizenry.
▪ Bike lanes (Ciclovías), being a novel practice, expanding and subject to global trends, their regulation is added in this regulation.
▪ The rules for the use of public spaces administered by the municipality, oriented towards the realization of recreational, cultural, economic, and sustainable development activities.
▪ Construction in public spaces such as sidewalks, kiosks, fences, tree planting on streets, urban furniture, and temporary installations.
▪ Permits for temporary occupation of public spaces; the parameters for requesting use of said space are regulated.
4. Exterior Advertising Regulation. This regulates all aspects of signs and exterior advertising, which are located on the Canton's road network, and on private property with projection to public spaces. The objective of this regulation is to establish a balance between the urban landscape and advertising messages. The following are established:
▪ Maximum areas and heights for exterior advertising signs ▪ Temporary occupation of public spaces.
▪ A differentiation is made between fixed signs, mobile signs, and digital screens.
REGULATION No. 2 LAND-USE ZONING REGULATION
GENERAL PROVISIONS ON LAND USE