14.1. Environmental impact prevention and control.
.ARTICLE 15. License exemption for minor maintenance works.
.ARTICLE 16. Mandatory information base 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. Outdoor advertising licenses 19.3. Licenses for Telecommunications works.
19.4. Validity of Land Use Certificates (CUT) issued for a property.
19.4.1. Transitional provision for Land Use Certificates.
19.5. Permits for storm drainage discharge and availability of the storm sewer network .ARTICLE 20. Resolution deadlines .ARTICLE 21. Types of licenses, their requirements, and payment obligation 21.1. Approval for cadastral registration (segregation / reunification of properties/ area rectification) and its requirements.
21.2. Municipal Endorsement (Visado Municipal).
21.2.1. Municipal endorsement for special cases 21.2.2. Requirements for obtaining municipal endorsement 21.3. Land Use Certificate (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 and/or debris.
21.6.1. Requirements.
21.7. License for temporary sidewalk closure 21.8. Pavement Breaking 21.9. Construction Permit 21.9.1. Requirements 21.10. License for urbanizations and subdivisions (fraccionamientos) 21.10.1. Phase 1. Preliminary project approval and its requirements.
21.10.2. Phase 2. Approval of construction plans for urbanization and its requirements 21.11. License for condominium projects and its requirements.
21.12. Receipt of Urbanization Works and its requirements.
21.13. License for Outdoor Advertising 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 DESIGN AND CONSTRUCTION AFFECTATION STANDARDS FOR WORKS .ARTICLE 24. General building standards.
24.1. Alignments.
24.2. Setbacks (Retiros) 24.2.1. Front setback.
24.2.2. Purpose 24.2.3. Aerial and/or underground projection 24.2.4. Use of the front yard 24.2.5. Case of road widening 24.2.6. Rear Setback.
24.2.7. Side Setbacks.
.ARTICLE 25. Noise in constructions .ARTICLE 26. Maximum construction area (AMC).
26.1. Formula for AMC in Commercial and Mixed Industry - Commerce Zones.
26.2. Formula for 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 (CAS) and Height Coefficient (CA).
.ARTICLE 27. Location incentive .ARTICLE 28. Incentive for underground space use.
.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.
2.1.2. Conforming Uses in common areas of Commercial Condominiums.
2.1.3. Conforming Constructive Uses.
2.1.4. Conditionally Conforming Uses.
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. Homologation and Opening of new activities.
2.6.1. Homologation of economic activities with ISIC4.
2.6.2. Opening of new economic activities in ISIC4.
.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 ZONES AND AREAS OF LAND USE .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. COMMERCIAL 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. Subsurface Uses.
.ARTICLE 14. Regulation.
.SECTION VI. PUBLIC AREAS (APU) .ARTICLE 15. Purpose.
.SECTION VII. GENERAL LIST OF ACTIVITIES AND ZONING WITH THEIR CONDITIONS .ARTICLE 16. General List of Activities and Zoning with their conditions.
.SECTION VIII. SOUND LIMITS BY LAND USE ZONE .ARTICLE 17. Sound level limits.
.CHAPTER III. OTHER GEOGRAPHIC REFERENCE UNITS, REGULATORY AND CONTROL MEASURES ON LAND USE ZONING.
.SECTION I. GOVERNMENTAL, INSTITUTIONAL, AND COMMUNAL USES (UGIC) .ARTICLE 18. Purposes.
.SECTION II. REGULATORY AND CONTROL MEASURES ON LAND USE ZONING .ARTICLE 19. Environmentally Fragile Areas (AAF), River Protection Areas (APR) and Areas of Natural Hazard for Landslides and Flooding (ANDI).
.ARTICLE 20. Areas Subject to Study (ASE).
.REGULATION No. 3. MOBILITY AND PUBLIC SPACES REGULATION (OFFICIAL MAP) .CHAPTER I. GENERAL PROVISIONS .ARTICLE 1. Basis .ARTICLE 2. Delimitation of Competencies.
.CHAPTER II . MOBILITY .SECTION I. GENERAL PROVISIONS ON MOBILITY .ARTICLE 3. Objectives.
.ARTICLE 4. National highways.
.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 transporting 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 regulations.
10.2. Private Parking.
10.2.1. Number of private parking spaces.
10.2.2. Design standards for private parking.
10.2.3. Parking spaces used on different properties 10.2.4. Compliance control.
10.3. Municipal parking meters .CHAPTER III. 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. AUTHORIZATIONS .ARTICLE 15. Powers .ARTICLE 16. Authorizations .ARTICLE 17. Competent body for authorization.
.ARTICLE 18. The application .ARTICLE 19. Obligations .ARTICLE 20. Responsibility for the occupation and improper 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. Temporality of authorizations.
.ARTICLE 27. Payment of fees 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 jurisdiction of the Municipal Council.
31.1. Occupation by works in 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 under municipal or government sponsorship.
.SECTION IV. FEES AND PAYMENT OF OTHER TAXES .ARTICLE 32. Payment of fees for occupation of public space.
.ARTICLE 33. Activities not subject to fee payment.
.ARTICLE 34. Payment of other taxes.
.SECTION V. WORKS IN PUBLIC SPACE .ARTICLE 35. Works in public space.
35.1. Sidewalks, fences, canoas, and downspouts.
35.1.1. Sidewalks.
35.1.2. Manholes and inspection chambers.
35.1.3. Ramps for persons with disabilities.
35.2. Safety elements.
35.3. Street tree planting and urban furniture.
35.4. Provisional installations, materials, and debris on the road.
35.5. Transformation of existing pedestrian malls into vehicular roads.
35.5.1. Requirements.
.REGULATION No. 4 . OUTDOOR ADVERTISING REGULATION .SINGLE 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. License exemption for signs.
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 signs in the peripheral districts and DI-T24 .ARTICLE 8. Location and maximum areas of digital screen-type signs 8.1. Technological Innovation District (DI-T24) and González Víquez (GV).
8.2. On the boulevards of 0 and 4 Avenues.
.ARTICLE 9. Maximum height of the digital screen .ARTICLE 10. Minimum setback for 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. Ambulant advertising .ARTICLE 14. Duty of conservation .ARTICLE 15. Commercial License and Fee .ARTICLE 16. Transfer of licenses .ARTICLE 17. Exception cases .ARTICLE 18. 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. Regarding the charge for the outdoor advertising license.
.ARTICLE 26. Repeal provision.
.SINGLE 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 literally details: "...it 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 plans for population distribution, land uses, 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 the provisions of 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, on Wednesday, September 4, 2019, which states: "Authorize the Municipal Administration to begin the citizen consultation process that will result in the Technical-Professional assessment and recommendation for the reforms of the Urban Development Regulations of the San José canton." This process involves public consultation with citizens on the content of the Regulations, opening spaces for proposals, modifications, and initiatives that may be incorporated into the current regulatory body. This invitation was made through a publication in the newspaper La Nación on September 23, 2019 (page 14). Likewise, the Municipal Council adopted Agreement No. 2, Article IV of Ordinary Session No. 181 of October 15, 2019, which was published in La Gaceta No. 206 on October 30 of the same year, where the reception of proposals was extended until November 30, 2019 (page 8), which was disseminated in the newspaper La Nación on November 7, 2019, and thus the peremptory deadline for receiving the requests from interested parties was established.
Fulfilling the established deadline for receiving proposals, these are analyzed, field visits are conducted, and they are compared by 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 finalize the validity 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 forwards it 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 will constitute the new Urban Development Plan for the San José canton.
In addition to the four Urban Development Regulations and the maps that complement them, this regulatory set includes related documents, which are represented by National Legislation and the Regulations approved by the Municipal Council, which are updated and periodically published in the official gazette La Gaceta. Also part of the Urban Development Regulations are auxiliary documents, such as studies, manuals, etc., which are located in the offices responsible for the application and monitoring of this instrument. Below is a brief synopsis of the content of each of the Regulations:
1. General Provisions Regulation. The Urban Development Regulations are conceptualized, and their periodic review is established in parallel with the formulation of the Municipal Development Plan, both processes occurring at the beginning of each new administration.
The dynamic nature of this regulation is recognized, which goes hand in hand with the growth and development of the City, in compliance with regulations; they can be modified at any time to respond to new challenges, trends, and interventions seeking to improve competitiveness and the quality of life of the City's inhabitants. Likewise, the municipality establishes mechanisms to intervene in urban renewal and repopulation of the city.
The Urban Development Regulations have defined intervention zones for the application of regulations and the development of programs and projects. Among them are:
? General intervention zones.
? Urban renewal zone.
? Zones of cultural and tourist interest.
Furthermore, the basic requirements are established for obtaining basic urban planning licenses, for segregating or reunifying properties, building or urbanizing, demolishing, remodeling or repairing constructions, or for the use of real estate for any activity.
Also, this regulation defines the design and construction affectation standards for works. Any new construction, replacement, expansion, remodeling, or restructuring work must comply with the alignment parameters, setbacks, 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 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.
? Non-Permitted Uses.
? Non-Conforming Uses.
In addition, the functional classification of land is established through the categorization of 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. Public Spaces and Mobility Regulation (Official Map). This regulatory instrument sets the parameters and standards to organize and operationalize the road systems and traffic of the Canton. It establishes the standards for occupying public space and parking.
This tool encompasses all aspects pertaining to:
? National streets (divided into primary, secondary, tertiary, and traverse routes), which are restructured in the short term, being called Strategic and Complementary Networks.
? Cantonal road network and its categorization (divided into primary, secondary, and tertiary).
? Pedestrian walkways and residential malls, in order to guarantee adequate mobility and appropriation of public spaces for citizens.
? Bike lanes, being a novel and expanding practice subject to global trends, its regulation is added in this regulation.
? Standards 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, street tree planting, urban furniture, and provisional installations.
? Temporary occupation permits for public spaces, regulating the parameters for requesting the use of said space.
4. Outdoor Advertising Regulation. This regulates all aspects of signs and outdoor advertising 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 outdoor advertising signs ? Temporary occupation of public spaces.
? The choice between fixed signs, mobile signs, and digital screens is differentiated.
REGULATION No. 3 MOBILITY AND PUBLIC SPACES REGULATION (OFFICIAL MAP)
GENERAL PROVISIONS