Zoning Regulation of the Paraíso Regulatory PlanReglamento de Zonificación del Plan Regulador de Paraíso

Food trucks and fairs, turnos, or similar.................................................... 17

Land-use change in built condominiums................................................... 17

Commercial or service activities in established residential urbanizations. 18

Lands adjacent to diplomatic headquarters.............................................. 18

Protected Wild Areas (ASP)........................................................................ 18

Location of telecommunications infrastructure......................................... 20

Education, health, public safety, and other service networks..................... 21

ANNEX No. 1: Urban parameters by zone....................................................................................... 33

This Regulatory Plan repeals the one published in Digital Supplement No. 169 to La Gaceta, dated Wednesday, October 31, 2012, as well as its modification published in Digital Supplement No. 76 to La Gaceta, dated Thursday, April 25, 2013.

The territory over which these Zoning Regulations are applied corresponds to the territory of the canton of Paraíso subject to territorial planning, which includes the districts of Paraíso, Santiago, Cachí, Llanos de Santa Lucía, and Birrisito in their entirety, and the district of Orosi as shown on the Zoning Map.

In accordance with the Urban Planning Law No. 4240 and its amendments or any regulation that replaces it, the following are subject to regulation by these Regulations:

a. The use of land, buildings, and structures, for agricultural, industrial, commercial, residential, public, and any other applicable purposes.

b. Residential zones according to the intended intensity of use and their occupancy, whether with single-family or multi-family housing.

c. The minimum lot dimensions best suited to each zone.

d. Maximum permitted height and coverage for buildings and structures.

e. Setbacks for buildings and structures.

f. Any other urban or architectural element related to land use, whose regulation is of interest to the Local Government of Paraíso and its inhabitants.

g. The provision of space for vehicle parking, loading, and unloading in cases that require specific conditions.

h. Size, location, and characteristics of signs or advertisements, in cases that require specific conditions.

The provisions of these Regulations are mandatory for all projects carried out in the canton of Paraíso, and regional and national laws and regulations related to its subject matter may be applied supplementarily.

In accordance with Articles 59 and 60 of the Urban Planning Law 4240, the Monitoring Commission for the Regulatory Plan of the canton of Paraíso is created, composed of councilors, officials, and interested neighbors.

It shall be the responsibility of the Municipal Council of Paraíso, in accordance with its competencies in the matter, to determine the mechanism for appointing its members, the distribution of positions (7 maximum), and the mechanisms for their replacement.

This commission shall be responsible for monitoring the Regulatory Plan, and for the purposes of participating in the preparation and application of the Regulatory Plan, the following functions are established for the Regulatory Plan Monitoring Commission:

a. To ensure the correct application of the Regulatory Plan.

b. To analyze those particular cases that require specific criteria and a particular decision-making process, which is beyond the exclusive scope of the municipal technician.

c. To study conflictive cases and advise municipal personnel on the application of restrictions; when the Commission deals with matters that circumstantially affect other agencies, to request advice and consult the affected agency, and may request the sending of a representative if the magnitude of the case requires it.

d. To prepare and recommend the modifications and amendments necessary to keep the Regulatory Plan updated.

e. To keep a record of permits and licenses granted, preparing an inventory that facilitates the updating of the Regulatory Plan.

f. Any other assigned by the regulations of the Regulatory Plan.

In accordance with the Urban Planning Law, these Zoning Regulations propose the following objectives regarding land-use planning:

a. Protection of property against the proximity of annoying or dangerous uses or activities.

b. To achieve a harmonious relationship among the various land uses.

c. To promote an adequate division or subdivision (fraccionamiento) of land in a manner consistent with the Subdivisions and Urbanizations Regulations of the Regulatory Plan of Paraíso.

d. To promote the safety, health, comfort, and aesthetics of constructions, in a manner consistent with the Construction Regulations of the Regulatory Plan of Paraíso.

e. In general, any other element of community interest that is conducive to the well-being of all people who inhabit, work in, or visit the canton.

Addressing the provisions of subsection a) of Article No. 16 of the Urban Planning Law and its amendments, as well as other planning instruments such as the Local Human Development Plan of the Canton, the Regulatory Plan of Paraíso and these Zoning Regulations seek to address the following guidelines and development objectives.

| Local Development Objectives | Strategic Actions | | --- | --- | | To ensure that mobility and transportation are safe, efficient, and sustainable, considering the structure and functioning of the canton's human settlements and enabling the creation of and access to the opportunities that urban areas generate (employment, services, commerce, recreation, and culture). | 1. To improve the operation and functioning of road networks, anticipating future growth and the integration of new developments into the existing urban structure through cantonal road plans. 2. To promote development oriented towards public transportation systems and non-motorized mobility. | | To promote inclusive, resilient, and adaptable urban planning at all scales that allows for the strengthening of urban subsystems and contributes to the specialization and complementarity of the city. | 3. To contemplate the gradual improvement and adaptation of infrastructures to mitigate natural risks and threats, particularly events caused by the effect of climate change. | | To foster coordination among the municipality, public institutions, civil society, non-governmental institutions, and the private sector to manage the sustainable development of all human settlements. | 4. To adopt governance schemes that allow for managing the territory in terms of urban development in an orderly, efficient, sustainable, and innovative manner. |

a. ASP: Protected Wild Area (Área Silvestre Protegida).

b. CNE: National Commission for Risk Prevention and Emergency Response (CNE).

c. DDU: Department of Urban Development (Departamento de Desarrollo Urbano).

d. EsIA: Environmental Impact Study (Estudio de Impacto Ambiental).

e. GAM: Greater Metropolitan Area (Gran Área Metropolitana).

f. IAP: Potential Environmental Impact (Impacto Ambiental Potencial).

g. MOPT: Ministry of Public Works and Transport (MOPT).

h. RDS: Sustainable Development Regulations (Reglamento de Desarrollo Sostenible).

i. SETENA: National Environmental Technical Secretariat (SETENA).

j. SINAC: National System of Conservation Areas (SINAC).

a. Temporary activities: These are those carried out for periods of less than 30 days, such as activities known as turnos, fairs, or patron saint festivals.

b. Alignment: Minimum physical distance or limit for the placement of a building in relation to public roads, waterways, streams, springs (manantiales), lakes, lagoons, estuaries, springs (nacientes), the maritime-terrestrial zone, railway lines, high-tension power lines, special zones; issued by the competent entity.

c. Maximum building height: This is the maximum height allowed for a building according to the zone in which it is located. It is measured from the main floor (lobby) to the level of the crown beam. Chimneys, parapets, balustrades (antepechos), elevator machine rooms, water tanks, mechanical elements, and recreational elements on upper terraces shall not be taken into account for this calculation.

d. Front yard (Antejardín): Area between the cadastral property line and the building line set by the respective alignment, which carries a restriction against building, without thereby losing the condition of private property.

e. Minimum area: Minimum surface area allowed for lots resulting from a subdivision (fraccionamiento), urbanization, or lot condominium.

f. Urban area: The territorial scope of development of a population center. It includes the urban grid or any other city system developed radially or polygonally.

g. Forest (Bosque): In accordance with the Forestry Law (Ley Forestal) No. 7575 and its amendments or any regulation that replaces it, it corresponds to a native or autochthonous ecosystem, whether intervened or not, regenerated by natural succession or other forestry techniques, which occupies a surface area of two or more hectares, characterized by the presence of mature trees of different ages, species, and varied sizes, with one or more canopies covering more than seventy percent (70%) of that surface area and where there are more than sixty trees per hectare of fifteen or more centimeters in diameter measured at breast height (DBH). Sectors formalized according to Executive Decree No. 36818 MINAET shall also be considered as forest.

h. Land-use capacity: This is the optimum degree of exploitation possessed by a given area of land, based on the qualification of its limitations for producing crops in a sustained manner over prolonged periods.

i. Country clubs (Clubes campestres): Centers for passive and active recreation, with facilities and installations for outdoor activities.

j. Maximum coverage: Area of a lot comprising the maximum horizontal projection of a structure, as well as paved, cobblestoned spaces, or those with any material that makes the infiltration of rainwater into the ground difficult and which is used for parking, road access, swimming pools, tennis courts, and similar.

k. Commerce: Set of economic activities centered on the exchange, purchase, and sale of goods, and all kinds of lawful merchandise, properties, bonds, currencies, and others. Included are representation offices, commission agents, agencies, stockbrokers, banking institutions, insurance institutions, and financial establishments such as banks, exchange houses, credit finance companies, and similar; in general, anything involving any market transaction is commercial.

l. Horizontal condominium: Consistent with the Regulation to the Law Regulating Condominium Property, Decree No. 32303-MIVAH-MEIC-TUR or its amendments, for the purposes of these Regulations, horizontal condominium is understood as the modality where each condominium owner is the exclusive owner of their own lot and the building constructed on it, and co-owner of the common areas.

m. Mixed condominium: Consistent with the Regulation to the Law Regulating Condominium Property, Decree No. 32303-MIVAH-MEIC-TUR or its amendments, for the purposes of these Regulations, these are those where vertical and horizontal condominiums can coexist on the same parent property.

n. Vertical condominium: Consistent with the Regulation to the Law Regulating Condominium Property, Decree No. 32303-MIVAH-MEIC-TUR or its amendments, for the purposes of these Regulations, vertical condominium is understood as the modality whereby each condominium owner is the exclusive owner of a part of the building composed of several floors, and jointly owns all the land and buildings or installations for general use.

o. Condominium: Consistent with the Regulation to the Law Regulating Condominium Property, Decree No. 32303-MIVAH-MEIC-TUR or its amendments, for the purposes of these Regulations, a condominium is understood as a property susceptible to independent use by different owners, with common elements of an indivisible nature.

p. Lot condominiums: Consistent with the Regulation to the Law Regulating Condominium Property, Decree No. 32303-MIVAH-MEIC-TUR or its amendments, for the purposes of these Regulations, lot condominiums are understood as those where the subsidiary properties correspond to horizontal plots, which can be used for agricultural, industrial, livestock, tourist, commercial, housing, recreational purposes, and/or any other lawful purpose. They may be intended for the provision of services or for constructing buildings. In horizontal lot condominiums, each subsidiary property shall be called an individualized primary subsidiary property (finca filial primaria individualizada, FFPI).

q. Perennial crops: Vegetation characterized by being shrubby and/or arboreal in size and having a vegetative cycle of more than five years, including forest plantations.

r. Density: Ratio between the number of dwellings allowed per hectare.

s. Building: Construction intended for any activity, whether habitation, work, storage, or protection of belongings, etc.

t. Environmental Impact Study (EsIA): This is a technical, interdisciplinary document that constitutes an environmental assessment instrument, which must be presented by the developer of an activity, work, or project before its execution, and is intended to predict, identify, assess, and correct the environmental impacts that certain actions may cause on the environment, and to define the environmental viability (license) of the project, work, or activity under study.

u. Minimum frontage: Minimum permitted frontage length for lots resulting from a subdivision (fraccionamiento), urbanization, or lot condominium.

v. Frontage: Part of a property or plot that directly borders a public road, an easement (servidumbre) to agricultural, livestock, or mixed parcels, exceptional residential access, or access roads of a lot condominium.

w. Potential Environmental Impact (IAP): Latent positive or negative environmental effect that the execution of an activity, work, or project would cause on the environment. It can be pre-established, taking as a reference the environmental impact caused by the generality of similar activities, works, or projects already in operation. The IAP also has classifications ranging from "Very low," "Low," "Moderate-Low," "Moderate-High" to "High" impact.

x. Uncomfortable (Incómoda): Activities or establishments that, without being unhealthy or dangerous, generate manifest discomfort to the neighborhood or to the people who work in them, due to noise, vibrations, smoke, bad odors, noticeable temperature changes, lights, dust, gases, humidity, or other inconveniences.

y. Industry: Any place, uncovered or covered, intended for the processing, handling, repair, transformation, or use of natural or artificial products. Included in this category are sites intended to receive or store artifacts, instruments, or tools, materials, and raw materials. Likewise, bus stations and freight transport stations shall be considered as industrial activities or establishments for all legal purposes.

z. Telecommunications infrastructure: Elements intended to support one or more active elements of the telecommunications network, such as antennas and other equipment, which may include other associated elements such as land, rooms or shelters, electrical supply, air conditioners, among others.

aa. Unhealthy (Insalubre): Activities or establishments that, due to the nature of the work carried out in them or the conditions under which it is performed, may cause effects capable of threatening or damaging the health of the workers or the neighborhood, due to the materials used, processed, released, or from waste.

bb. The Municipality: The Municipality of the canton of Paraíso.

cc. Minisuper: An establishment smaller than a supermarket where basic consumer goods are sold.

dd. Annoying (Molesta): Activities or establishments that, in the judgment of the Ministry of Health, generate discomfort to neighboring dwellings due to vibrations, temperature changes, lights, dust, sparks, smoke or vapors, or odors.

ee. Very low potential environmental impact: Human activities that, by their nature, do not cause negative alteration to the environment and do not represent a deterioration of the environmental quality of the surroundings in general or of any of its components, nor affect the health of the population, because atmospheric emissions, wastewater discharges, ordinary and special waste management, and noise comply with the provisions established in current regulations. Furthermore, hazardous products are not used, and they do not generate waste of this type.

ff. Dangerous (Peligrosa): Activities or establishments that damage or could immediately and seriously damage the lives of the workers who work in them or the neighborhood, whether due to the nature of their tasks or the materials used, processed, or from waste, or due to the storage of toxic, corrosive, flammable, or explosive substances.

gg. Pulpería: A store where everyday items are sold, mainly groceries and other household goods. For the purposes of these Regulations, it is also understood as a synonym for supplier.

hh. Sustainable Development Regulations (RDS): Legal instrument that serves as a basis for regulating and guiding the environmental control and conditioning of development execution within the territory under study. With this mechanism, the aim is to achieve a balance between the environmental assessment process and the streamlining of procedures that individuals must complete before the State, particularly by eliminating the repetition of procedures.

ii. Front setback (Retiro frontal): Term equivalent to front yard (antejardín).

jj. Side setback (Retiro lateral): Non-buildable open space between the side boundary and the closest part of the physical structure.

kk. Rear setback (Retiro posterior): Non-buildable open space between the rear boundary and the closest part of the physical structure.

ll. Setbacks (Retiros): These are the non-built open spaces between a structure and the boundaries of the respective plot.

mm. Environmental health risk: Probability that the development of an activity in an establishment will have a negative effect or impact on the health of people and the environment.

nn. Indispensable public services: Those that provide the service of availability of drinking water and electric service.

oo. Services: That related to the paid provision of services by private organizations or individuals, to the private sector, the public sector, or both. For example, transportation, communications, private educational and recreational establishments, hotels and lodging of all types, vehicle establishments, agencies, representatives of foreign companies, barbershops and beauty or aesthetics establishments, and advertising agencies.

pp. Craft workshops or artisanal workshops: Activity for the individual production of domestic articles using hand tools, where products are sold directly to the public, also characterized by having a very low potential environmental impact (IAP), including those carried out in dwelling houses under the category of micro-enterprise, which do not incorporate hazardous raw materials or substances in the production process, nor generate hazardous waste.

qq. Land use: The intended purpose or use given to a specific area of land, according to the zoning established by the Regulatory Plan of the canton of Paraíso, subject to what each current or planned activity of a property or lot represents in functional terms.

rr. Environmental Viability (License): Represents the condition of harmonization or acceptable balance, from the point of view of environmental load, between the development and execution of an activity, work, or project and its potential environmental impacts, and the environment of the geographic space where it is intended to be implemented. From an administrative and legal point of view, it corresponds to the act approving the Environmental Impact Assessment process.

ss. Multi-family housing: A building conceived as an architectural unit with independent living areas, suitable for housing two or more families.

tt. Single-family housing: A building provided with living areas intended to house a single family.

uu. Dwelling: Any fixed or mobile place or enclosure, built, converted, or arranged, used for housing people permanently or temporarily.

vv. Zoning: The division of the territory into use zones, for the purpose of its rational development.

For all purposes of granting the land use certificate and location resolution, according to the norms of the Urban Planning Law and the General Regulation for sanitary operating permits, habitation permits, and authorization for temporary events of mass public gatherings, granted by the Ministry of Health, Executive Decree No. 43432, uses and activities shall be classified as follows:

1. Conforming use:

These correspond to those that do not contradict the characteristics of the zone where it is desired to develop a work, project, or activity; they are indicated in Annex No. 2 of these Regulations. However, they may be subject to compliance with specific standards such as organization of the activity within the property, parking, maximum building height, maximum building coverage, display of commercial advertising, commercial signs, operating hours, etc. For cases of existing lots duly registered in the Real Property Registry with their respective property number, which have a frontage and area that do not correspond to what is regulated, the development of activities shall be permitted as long as the nature of the zone's use is not contradicted.

2. Conditional use:

These correspond to those that, due to their characteristics, may cause disturbance or inconvenience to the conforming uses in the zone, or those that must comply with specific environmental requirements for the zone as established in the Sustainable Development Regulation (Reglamento de Desarrollo Sostenible, RDS) of the canton of Paraíso, or such uses as, greater setbacks, parking, disturbance confinement plans, etc., thereby guaranteeing their environmentally sustainable operation without causing disturbance to neighbors or harm to their surroundings. The conditional uses correspond to those indicated in annex No. 2 of this Regulation, and the proven non-compliance with the conditions to which these activities, works, or projects must be subject renders the granting of any municipal license null and void following compliance with due process. The specific conditions to which the different uses or activities are subject are indicated in annex No. 2 of this regulation, and for those for which no specific conditions are established, only all possible disturbances that they may cause to neighboring properties must be confined.

3. Non-conforming use:

These correspond to all those that contradict the characteristics of the zone where development is desired; non-conforming uses are indicated in annex No. 2 of this Regulation.

4. Tolerated existing non-conforming use:

Any use or activity that is non-conforming with the zoning of the Regulatory Plan, but that holds a municipal license issued prior to the enactment of said Plan, whether these be construction permits for specific uses or activities, or business licenses (patentes), may continue operating under its "Tolerated existing non-conforming use" status in accordance with articles 28 and 29 of the Urban Planning Law (Ley de Planificación Urbana), as long as the municipal license that supports it remains in force. The Business License Department (departamento de Patentes) will verify the validity of the land-use certificate (certificado de uso del suelo) and the conditions that support it when analyzing the granting of the municipal license. In these cases, interventions in existing constructions will be permitted, as an exception, in the following situations:

a. Maintenance works on the existing structure (not involving changes or repairs to the primary structure).

b. When the property has historical, cultural, or patrimonial value.

c. When the remodeling is to comply with safety and health standards.

d. When the property suffers damage due to incidents. In this case, to determine the damage, a structural calculation report, prepared by a responsible professional, must be submitted.

5. Unlisted use:

All those uses, activities, works, or projects that are not specified in annex No. 2 "Detail of conforming, conditional, or non-conforming uses" of this Zoning Regulation. These uses may only acquire the characteristic of "conditional" or "non-conforming" according to the analysis made of them by the Regulatory Plan Monitoring Commission (Comisión de Seguimiento del Plan Regulador) for the issuance of the land-use certificate based on the provisions of this regulation.

In accordance with articles 28 and 29 of the Urban Planning Law No. 4240 and its amendments, it is prohibited to use or dedicate lands, buildings, or structures to any use that is incompatible with the Zoning of the Regulatory Plan. Henceforth, interested owners must obtain a municipal certificate accrediting the conformity of the use with the requirements of the zoning of the Regulatory Plan of Paraíso. For the processing of the land-use certificate, the signature of the property owner on the respective application will be required, whether by their own hand if the process is through physical means, or with the respective digital signature in the case of processes by electronic means. In the event that the property has more than one owner, it is sufficient that the application be signed by a single owner as the interested party in the process. In addition to the above, existing uses that are classified as "tolerated non-conforming uses" must also be recorded with a certificate expressing such circumstance. Without the corresponding land-use certificate, no type of municipal license will be processed or granted. On the other hand, if the municipality establishes an electronic system for land-use certificate applications, where a digital signature is not required, the application may be varied, provided that a registration module for the owner and applicant within the system is established.

For the foregoing purposes, the list of all conforming, conditional, or non-conforming uses for each and every one of the respective zones described in Chapter II is established in annex No. 2. The Municipality is also empowered to establish an amount to be charged for the issuance of each land-use certificate requested, supported by a study justifying the applied fee.

The zoning of the Regulatory Plan is established to achieve the proposed development objectives, as well as to achieve a harmonious relationship between the various land uses; however, because it is possible for a given property or parcel (finca) to be located over two or more planned-use zones, any of them may be generalized over the entire property, considering the following:

a. The benefit of this article may not be applied to properties that have an Agricultural Zone (Zona Agropecuaria) or Protection Zone (Zona de Protección), located inside or outside the urban growth containment ring of the GAM Plan.

b. Only those planned zones that, according to the Zoning Map of the Regulatory Plan, cover 25% or more of the area of the property of interest may be generalized, and this property must, in turn, comply with the minimum area and frontage required by the zone intended to be generalized.

c. The variation may only be evaluated at the request of the owner submitted to the office of the Urban Development Department (Departamento de Desarrollo Urbano) of the Municipality or its replacement. Said request must be made for a specific activity, work, project, or use, duly described and detailed in the application. Applications will not be processed without clearly detailing the project or activity to be developed, for which, in the case of industry (including bus stations and freight transport), commerce, and services, the type of products or services to be offered, or the productive processes to be developed, the type of disturbances that the activity, work, or project may produce, whether by noise, vibrations (trepidaciones), smoke, odors, noticeable temperature changes, lights, dust, gases, humidity, or other possible sources of disturbance such as the type of solid and/or liquid waste, as well as the approximate number of people working in the activity, work, or project, must be detailed among other variables.

d. The technical study by the land-use analyst for the generalization of a given zone must evaluate, at a minimum:

• i)The limitations and potentialities according to the types of environmental fragility present and documented in the Environmental License of the Regulatory Plan, issued by SETENA.
• ii)Conformity with the adjacent zones, relying for this on the concepts of conforming, conditional, or non-conforming uses applied therein.

Once the previous evaluations are made, the person responsible for issuing the land-use certificate will forward their report to the Regulatory Plan Monitoring Commission, which will decide on the approval or denial of the land use. These uses may only acquire the characteristic of "conditional" or "non-conforming." If said response is positive, it will be accompanied by a land-use certificate setting forth all the conditions to which said change is subject, including a succinct description of the use, activity, work, or project for which it is granted. If the response is negative, it will be communicated to the applicant.

The land-use certificate will remain valid as long as the property to which it refers does not undergo registry changes, such as area (cabida) and plat number, that cause inconsistencies with the data recorded on the certificate, or as long as the Regulatory Plan of the canton of Paraíso does not undergo changes related to the property in question. The validity of the land-use certificate under the changes indicated in the preceding paragraph is established according to the provisions of Transitory Provision I of the Regulatory Plan of the canton of Paraíso.

Food trucks and fairs, temporary markets (turnos), or similar.

For purposes of issuing the land-use certificate, in addition to the provisions of the Official Map Regulation (Reglamento de Mapa Oficial) of the Regulatory Plan of the canton of Paraíso, for cases of location in public spaces, fairs, temporary markets, and similar are considered conditional uses subject to complying with art. 4 of the Regulation for Fairs, Temporary Markets, and Similar (Reglamento Ferias, Turnos y Similares), Executive Decree No. 17923-S, its amendments, or the regulations that replace it. In any case that includes the sale of liquor, the provisions established in the Law on Regulation and Commercialization of Alcoholic Beverages (Ley de Regulación y Comercialización de Bebidas con Contenido Alcohólico) No. 9047 and its amendments must be observed.

For the particular case of food trucks, these must adhere to what is established in the Law on Commerce on Wheels (Ley de comercio sobre ruedas) No. 10254 and its amendments or the regulations that replace it, and may only operate on a property or parcel that meets the minimum requirements of the aforementioned Regulation for Fairs, Temporary Markets, and Similar and its amendments or the regulations that replace it, and similarly, in the case of operating in public space, they may only do so in those sites specifically enabled for this activity according to the rules of the aforementioned regulation, in which case, the use of public space will be subject to the approval agreement of the Municipal Council (Concejo Municipal) and the payment of the fee established in the Official Map Regulation of the Regulatory Plan of Paraíso.

Change of land use in built condominiums.

When a land-use certificate is requested for an activity, work, or project that involves changing the general purpose of the condominium or the special purpose of one of its units, the provisions of article No. 27 of the Law Regulating Condominium Property (Ley Reguladora a la Propiedad en Condominio), Law No. 7933, and its amendments or the regulations that replace it, must be complied with; furthermore, the requested use or activity must comply with the zoning and annex No. 2 "Detail of conforming, conditional, or non-conforming uses" of this regulation.

Commercial or service activities in established residential subdivisions (urbanizaciones residenciales).

The development of commercial or service activities in residential subdivisions with a master plan (plano general) approved by the Municipality and the National Institute of Housing and Urbanism (INVU), may take place on those lots specifically authorized for commercial use within said master plan of the subdivision, even if the Regulatory Plan of Paraíso stipulates a different zoning. Outside the commercial areas designated in the master plan of the subdivision, housing will remain as a conforming use, without prejudice to being able to develop other activities, works, or projects permitted for each zone by this Regulation, which can be developed harmoniously with the residential use.

Lands adjacent to diplomatic headquarters.

As a deference to the security that Governments must provide to diplomatic headquarters under the Vienna Convention, Law No. 3394, a height restriction of no more than two stories or 7m is imposed on new constructions on lands adjacent to diplomatic headquarters, regardless of the provisions of the zoning of the Regulatory Plan of Paraíso, provided that the property or premises of the mission are owned by the represented Government. This restriction will apply within a strip of fifty meters measured from the boundaries of the property where the diplomatic headquarters is located.

Protected Wild Areas (Áreas Silvestres Protegidas, ASP).

The protected wild areas of the canton are environmentally fragile areas, which seek the conservation of natural resources.

In the case of the canton of Paraíso, Tapantí National Park (Parque Nacional Tapantí) and the Río Macho Forest Reserve (Reserva Forestal Río Macho) are included within the cantonal limits, said areas comprising territories completely administered by SINAC, whose uses and management will be governed by the respective Management Plan implemented in accordance with current legislation, or in its absence, as established in the Environmental Management Plan (Plan de Ordenamiento Ambiental) Executive Decree No. 29393-MINAE and its amendments or the regulations that replace it.

The authorization of any work, project, or activity will be processed in the first instance through SINAC, according to the corresponding office, and adhering to the regulations indicated by said institution. The Municipality of Paraíso will not issue any land-use certificate without the prior authorization of SINAC mentioned above, and even with such authorization, the land-use certificates granted in these ASP will be solely under the category of conditional use subject to compliance with the regulations established by the country's environmental legislation.

Under no circumstances will actions be taken against the instructions of SINAC for authorized works, projects, or activities within the limits of the ASP.

In the case of the Río Macho Forest Reserve, in the absence of a Management Plan and/or national or regional regulations, the following activities, works, or projects may be permitted with the prior authorization of SINAC and subject to the following conditions:

. Simple subdivision (fraccionamiento simple) of land with a minimum lot size of 2 hectares and a minimum frontage of 30m.

. A single single-family dwelling per property for use by the owner or owners of the property, with a maximum of 200 m2 of construction on two floors and other constructions necessary for the use or services of the properties, as long as these remain within what is classified as activities, works, or projects of very low potential environmental impact in accordance with the provisions of Executive Decree No. 43898 -MINAE-S- MOPTMAG- MEIC Regulation for Environmental Assessment, Control, and Monitoring (Reglamento de Evaluación, Control y Seguimiento Ambiental). For the foregoing purposes, the Form established by the municipality for its control must be submitted, and compliance must be ensured with the provisions of the Code of Good Environmental Practices (Código de Buenas Prácticas Ambientales), Executive Decree No. 32079 of September 14, 2004, and with any voluntary mechanism to improve environmental performance.

. Conservation agriculture (organic agriculture, sustainable livestock farming, among others) associated with already existing activities. In no way is the land-use change (cambio de uso del suelo) from forest to agricultural use permitted.

. For country clubs on land of no less than 2 hectares and with a building coverage of no more than 1000 m2 of construction, complying in all respects with the provisions of Executive Decree 43 898-MINAE-S-MOPT-MAG-MEIC Regulation for environmental assessment, control, and monitoring, and its amendments or the regulations that replace it.

Likewise, in addition to all those expressly indicated by SINAC, residential subdivisions or subdivisions for urban development purposes are considered non-conforming uses.

Location of telecommunications infrastructure.

Infrastructure to support telecommunications networks may be located anywhere in the territory of Paraíso as a conforming use according to the location determined by the competent entities. For the issuance of the land-use certificate, the following provisions must be met:

a. The use of public space for the installation and operation of telecommunications networks will be subject to the payment of the corresponding fee as established in the Official Map Regulation of the Regulatory Plan of the canton of Paraíso, which refers to the procedures established by the competent authorities.

b. For the installation of infrastructure to support telecommunications networks on rooftops, terraces, or roofs of existing buildings, a supporting capacity study endorsing its placement, prepared and signed by a professional in the field duly affiliated and authorized for professional practice by the Federated College of Engineers and Architects of Costa Rica (Colegio Federado de Ingenieros y de Arquitectos de Costa Rica), must be previously obtained.

c. When installing infrastructure to support telecommunications networks in buildings for educational use is required, it must not be located in the area designated as the minimum free surface nor on the constructed surface of the building.

d. For the installation of infrastructure to support telecommunications networks on an independent property, said property must have minimum frontage and depth dimensions equivalent to 30% of the height of the tower, measured from the center of the base of the tower to its tip, excluding the lightning rod. The percentage must be 20%, under the same terms indicated, when the infrastructure is greater than 30.00 m in height, and the provisions established in the regulations or guidelines made official by SUTEL regarding design and installation measures must be complied with.

e. The infrastructure to support telecommunications networks must not be built or placed adjacent to the neighboring property or lot, and therefore must respect the corresponding side and rear setbacks; additionally, the front setback of the infrastructure can never be less than the official alignment. All installations of infrastructure to support telecommunications networks must have a buffer strip around them to facilitate and allow the transit of personnel necessary for their preservation and maintenance. This strip must be of a width equivalent to 10% of the height of the tower, measured from the center of its base. Additionally, it must comply with everything related to accessibility.

f. When the infrastructure is intended to be located on properties shared with other uses, compliance with the human safety and fire protection measures indicated by the Fire Department (Cuerpo de Bomberos) must be guaranteed.

g. All telecommunications infrastructure must comply with the technical parameters defined by the Construction Regulation (Reglamento de Construcciones) of the Regulatory Plan of Paraíso and those indicated by the competent institutions in congruence with the provisions of the Regulation to the General Telecommunications Law (Reglamento a la Ley General de Telecomunicaciones), Executive Decree No. 34765-MINAE, and the Standard Norms and Competencies of Public Entities for the Coordinated and Expedited Approval Required for the Installation or Expansion of Telecommunications Networks (Normas Estándares y Competencias de las Entidades Públicas para la Aprobación Coordinada y Expedita Requerida para la Instalación o Ampliación de Redes de Telecomunicaciones), Executive Decree 36159-MINAET-S-MEIC-MOPT, and its amendments or the regulations that replace it. Compliance is the responsibility of the duly accredited and authorized telecommunications operators and providers for this purpose, as well as those who build the infrastructure that supports the telecommunications networks.

Education, health, public safety, and other service networks.

The location of facilities for the health and public safety of the population, including hospitals and medical centers of the Costa Rican Social Security Fund (Caja Costarricense del Seguro Social), as well as facilities of the Ministry of Public Security (Ministerio de Seguridad Pública) and other infrastructure for service networks, will be carried out attending to the requirements of the competent Institutions in favor of the population of the canton of Paraíso, and for all effects of the land-use certificate, they will be considered as conditional uses in those sites where the authorities determine their optimal location, these being responsible for guaranteeing that said sites are free from all types of natural threat (amenaza natural) and that the cited uses will operate in such a way that they do not become bothersome, unhealthy, or dangerous for their immediate surroundings. In the case of new constructions for this type of use or activity, they must be subject to an Environmental Impact Study (Estudio de Impacto Ambiental, EsIA), in accordance with the provisions of the General Regulation on Environmental Impact Assessment (EIA) Procedures (Reglamento General sobre los Procedimientos de Evaluación de Impacto Ambiental), Executive Decree No. 31849-MINAE-S-MOPT-MAG-MEIC and its amendments or the regulations that replace it. In the same way, the rules of this article will apply to the development of public educational centers promoted and/or developed by the Ministry of Public Education (Ministerio de Educación Pública). Furthermore, for all purposes of providing communal services, the provisions of the Official Map Regulation of the canton of Paraíso must be applied as appropriate, as well as ensuring that communal facilities are located in mixed-use zones or generally in zones with easy access and close to residential zones. Public buildings to be constructed by the Government of the Republic, or by other State dependencies, provided they are authorized and supervised by the General Directorate of Public Works (Dirección General de Obras Públicas), will not require a construction permit or license in accordance with art. 75 of the Construction Law (Ley de Construcciones) No. 833 and its amendments or the regulations that replace it. For the effective application of the foregoing, and in attention to due communication and coordination of institutional competencies, the entities of the public administration must notify the Local Government of the works to be carried out, as well as indicate the professional responsible for them.

Any lawful use or activity, work, or project not listed in annex No. 2 "Detail of conforming, conditional, or non-conforming uses" of this Regulation may be classified as conditional uses for the issuance of their respective land-use certificate, provided it is compatible with the objective of the zone, it does not involve bothersome, unhealthy, or dangerous uses or activities, or is contrary to the environmental potentialities established for the zone where development is desired; otherwise, they will be classified as non-conforming uses and will be recorded as such on the land-use certificate.

For these purposes, the owner interested in obtaining the land-use certificate must provide, together with the land-use certificate application, a description of the activity, work, or project, including at least the productive processes it employs, the type of waste it generates, the articles it commercializes or the service it provides, working hours, number of employees, and any other data convenient for the correct description of the use, activity, work, or project. Meanwhile, in the respective analysis by the DDU, the conditions that the unlisted use must obey to function as a conditional use will be substantiated; therefore, non-compliance with these by the interested party will be grounds for the closure of the activity or project following prior due process.

To comply with the foregoing, the technical study for granting the land-use certificate must consider, in these cases, at least the following:

a. The limitations and potentialities according to the types of environmental fragility present in the zone and documented in the Environmental License of the Regulatory Plan.

b. The possible disturbances that the requested use may cause to the conforming uses according to the zone where development is desired, whether these be due to emissions, noise, vibrations (trepidaciones), luminosity, or the influx of employees and clients to the zone regarding the availability of parking spaces, transportation of people, heavy cargo transport, or waste collection availability.

All land-use certificates for unlisted activities or uses must be approved or denied by the Regulatory Plan Monitoring Commission.

All listed or unlisted uses or activities in the different zones of the Regulatory Plan of Paraíso must fully adhere to the rules of this Regulation with respect to the definition of conforming, conditional, or non-conforming uses, without prejudice to compliance with other rules that national or regional legislation specifically imposes on them.

In addition to the provisions of this Zoning Regulation and in attention to article No. 6.3.5 of the Manual of Technical Instruments for the Environmental Impact Assessment Process (Manual de Instrumentos Técnicos para el Proceso de Evaluación del Impacto Ambiental, Manual de EIA)-Part III, Executive Decree No. 32967-MINAE and its amendments or the regulations that replace it, the activities, works, or projects developed within the area covered by the Regulatory Plan must also consider the general and specific environmental guidelines for each zone established in the Sustainable Development Regulation of the canton of Paraíso, oriented towards the control and attention of the overuse of geographic space due to its environmental condition.

In order to regulate the different activities carried out in the canton and contribute to the consolidation, regulation, and promotion of the different urban growth areas, in accordance with their vocation, predominant use, and functionality, the territory of the canton is divided into different use zones, which are shown synoptically below:

The precise delimitation of these zones is found in the Zoning Map of the Regulatory Plan of Paraíso and the activities are detailed in annex No. 2 "Detail of conforming, conditional, or non-conforming uses" of this Regulation, which has been developed based on the "Classification of commercial, industrial, and service activities regulated by the Ministry of Health according to the level of sanitary and environmental risk," which may be used by the Municipality of Paraíso for all effects indicated in the Regulation for the operation and use of the single investment window (Ventanilla Única de Inversión, VUI) system that centralizes the procedures and permits that companies wishing to establish and operate in Costa Rica must comply with, Executive Decree No. 42081-MP-COMEX-H-MAG-MEIC-MICITT-MGP-MINAE-JP-S and its amendments or the regulations that replace it. Likewise, annex No. 1 shows the maximum permitted height, coverage, and housing density, as well as the minimums for lot area and frontage in new simple subdivisions (fraccionamientos simples), subdivisions for urban development purposes (fraccionamientos con fines urbanísticos), and residential subdivisions (urbanizaciones).

Special control zones are those that, in accordance with article No. 25 of the Urban Planning Law, support some reservation regarding their use and development, as in the case of airports, sites of historical importance or conservable natural resources, and areas demarcated as floodable, dangerous, or necessary for the purpose of containing peripheral urban growth. For these purposes, two zones have been established under this category.

Special Control Zone for Natural Threat (ZCE A): These are zones with natural threat (amenaza natural), caused by landslides, avalanches, and floods occurring in events historically recorded in various reports of the CNE. In ZCE A, the construction of housing and permanent human occupation is conditional. Any construction would be subject to the completion of a hydraulic and hydrological study of the adjacent watercourses, as well as a slope stability study of the watercourse banks (scour analysis) in accordance with the provisions of the Sustainable Development Regulation of the canton of Paraíso. Furthermore, for all effects of conforming, conditional, or non-conforming uses, the provisions of annex No. 2 "Detail of conforming, conditional, or non-conforming uses" of this Regulation will be observed.

Special Control Zone for Anthropic Threat (ZCE B): This corresponds to sectors occupied by installations related to the production and transport of electricity (ICE-Río Macho Substation). It is important to note that this type of installation has recorded precedents in other cantons of the country where explosions linked to the electricity distribution infrastructure have occurred, affecting the immediate surroundings of the installations, which for this reason have been considered a threat to other nearby uses and activities. In ZCE B, the generation, transmission, and distribution of electrical energy is a conditional use, adhering to the environmental guidelines established in the Sustainable Development Regulation (Reglamento de Desarrollo Sostenible) of the canton of Paraíso, without prejudice to the application of other regulations established by the competent institutions of the sector. Furthermore, for all purposes of permitted uses (usos conformes), conditional uses (usos condicionales), or non-conforming uses (usos no conformes), the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" ("Detalle de usos conformes, condicionales o no conformes") of this Regulation shall be observed.

These are zones intended for the conservation, regeneration, and protection of existing resources, including the landscape; they feature forest cover (cobertura boscosa), high relief, and steep slopes with reduced slope stability. This zone also supports aquifer recharge areas and soils that must be protected in accordance with the provisions of the Land Use, Management, and Conservation Law (Ley de Uso, manejo y conservación de suelos), as well as the environmental limitations and potential identified for the canton of Paraíso. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

The zones of historical architectural interest delimited in the Zoning Map and Regulation of the Regulatory Plan comprise the urban centers of the Paraíso and Orosi districts, which each form an architectural ensemble where sites of historical and cultural interest recognized in the canton are located.

This corresponds to areas that, due to their architectural values, public space, or collective recognition and appreciation, merit special treatment. Reference is made to monuments, sites, and properties of historical interest. The Municipality will prioritize its programs and projects in these zones, such as general public lighting and specific lighting for urban landmarks, uniformity of elements on public space, reconstruction and expansion of sidewalks, installation and maintenance of urban furniture and tree planting, among others. The installation of urban furniture and public space intervention and tree planting projects shall be governed by the provisions of the Official Map and Urban Renewal Regulations (Reglamentos de Mapa Oficial y Renovación Urbana) of the Paraíso Regulatory Plan. In turn, the construction of buildings may be subject to a study of building typologies that the Municipality conducts for these purposes in order to preserve the distinctive features of the area's traditional typology, as well as openness between the transitional spaces of the buildings and the public space, fostering places for people to meet and active surveillance. For the application of environmental guidelines, those defined in the Sustainable Development Regulation of Paraíso for zones of tourist interest apply. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

Tourist interest zones correspond to areas that have tourism or ecotourism potential and appeal, as well as those that already concentrate activities and services intended for tourism, delimited in the Zoning Map of the Regulatory Plan. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

A zone intended for agricultural production that presents different characteristics regarding land use capacity. By virtue of the territory's limitations and potential, the activities developed must comply with the standards considered in Executive Decree No. 41960-MAG-MINAE, "Methodology for the Determination of the Land Use Capacity of Agroecological Lands of Costa Rica" ("Metodología para la Determinación de la capacidad de uso de las tierras agroecológicas de Costa Rica") and the technical standards for soil management and conservation established by this methodology and the Land Use, Management, and Conservation Law No. 7779 (Ley Uso, Manejo y Conservación de Suelos No.7779), its regulation and its reforms or the regulation that replaces it, for which, and in order to validate the necessary land use, management, and conservation practices as applicable, the Municipality of Paraíso may require the interested party to submit a land use, management, and soil and water conservation study issued in accordance with the aforementioned legislation. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

These comprise urbanized sectors of the Paraíso district, as well as those located in the urban centers of Santiago, Orosi, Cachí, Llanos de Santa Lucía, and Birrisito. In general, they represent sectors with the greatest facilities in terms of provision of public transportation services, piped water, and education. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

These function as a growth area for the urban quadrants in the main towns of the canton, and in some cases comprise peripheral sectors of the High-Density Residential Zones in the districts of Paraíso, Santiago, Cachí, Llanos de Santa Lucía, and Birrisito. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

These comprise sectors with the presence of urban activities adjacent to zones delimited as agricultural, or that have environmental limitations that prevent their densification, without neglecting that they generally have a lesser provision of services, road infrastructure, and community facilities. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

The mixed residential and commercial use zones have been conceived to conserve urban dynamics throughout the day and to favor commercial and service use in spaces also occupied by housing. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

The mixed residential and tourist zones have been conceived to conserve urban dynamics throughout the day and to favor commercial and tourist service use in spaces also occupied by housing. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

The commercial and services zone seeks to consolidate nuclei that possess these activities, including areas of institutional services and inoffensive industry, which together with the mixed and industrial zones take advantage of existing infrastructure and reduce population displacement, contributing to the economic and social development of urban centers. These zones coincide in some cases with the sectors of highest fiscal value in the canton by virtue of their location and generally have the greatest provision of public transportation services, access to road infrastructure of the national and cantonal network, telecommunications services, and others that facilitate their operation. In this zone, single-family and/or multi-family housing is established as conditional in combined buildings where the main use is commerce and services, provided they present authorization from the Ministry of Health. The development of multi-family housing is not permitted under any other figure other than a building combined with commerce; for this, the integration of residential use into the commercial environment must be provided for in the design, construction, and operation stages of all new constructions, so that both can coexist harmoniously in the same building. Existing dwellings within commercial zones shall be considered as tolerated existing non-conforming uses. Conditionally, their owners may access permits for repairs, improvements, and maintenance, but not for expansions that motivate extending residential use as the main activity of the property. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

The mixed industrial zones correspond to areas with expeditious access to national routes or the main roads of the cantonal road network, where the development and/or consolidation of industrial activities is expected that, due to their characteristics, must remain grouped and segregated from other uses or activities with which they are not compatible, whether because of the type of processes they execute, the waste they produce, or the type of nuisances they can potentially cause. For all purposes of permitted uses, conditional uses, or non-conforming uses, the provisions of Annex No. 2 "Detail of permitted, conditional, or non-conforming uses" of this Regulation shall be observed.

The maximum building height as well as the maximum coverage permitted per zone are established in Annex No. 1 of this Zoning Regulation, which are understood as maximums permitted for all constructions developed in the canton of Paraíso, except for those that avail themselves of the benefits established in the Construction Regulation (Reglamento de Construcciones) of the Regulatory Plan or are processed as urban renewal projects according to the standards of the Urban Renewal Regulation (Reglamento de Renovación Urbana) of the Paraíso Regulatory Plan and its reforms.

In all cases, the maximum coverage shall be calculated by multiplying the area of the property (finca) where the constructions will be carried out by the maximum coverage percentage permitted in the zone; however, in the case of condominiums, the maximum coverage may be calculated with respect to the area of the parent property (finca matriz), in such a way that each subsidiary property (finca filial) may have greater coverage as long as the condominium as a whole does not exceed the permitted maximum.

The minimum area and frontage permitted for lots resulting from subdivision (fraccionamiento) operations, urbanization, condominiums, or combinations thereof, are established for each zone in Annex No. 1. The minimums established in this Zoning Regulation must be respected in accordance with the standards of the Subdivision and Urbanization Regulation (Reglamento de Fraccionamientos y Urbanizaciones) of the Paraíso Regulatory Plan and its reforms. In horizontal or lot condominiums, each lot or subsidiary property must respect the minimum lot according to the zone.

For all purposes of calculating the maximum housing density permitted on a specific plot or property, the occupation of the territory shall be assessed according to the type of dwelling or development intended to be built, namely:

a. Single-family dwelling, urbanizations, or horizontal condominiums: the area of the land of interest shall be divided by the area of the minimum lot permitted in the zone, as established in Annex No. 1 of this regulation, except in Agricultural Zones where there is the possibility of segregating with two minimum lot sizes depending on the type of access (whether fronting a public street or fronting an agricultural easement (servidumbre agropecuaria)), where the maximum permitted density is one dwelling per property in accordance with Executive Decree No. 25902, article 4.1. "One dwelling per property for the use of the owner or owners and other constructions necessary for the use or services of the properties." From the result of applying the quotient indicated in the preceding paragraph, the whole number shall dictate the number of dwellings permitted on the land, and in the event that the decimal fraction is equal to or greater than 0.5, one additional dwelling unit shall be permitted. On the other hand, on existing lots duly registered in the registry and cadaster before the enactment of the Regulatory Plan, whose area is smaller than that corresponding to the minimum lot for the zone, the construction of at least one dwelling shall be permitted upon prior compliance with the standards indicated by the Construction Regulation of the Regulatory Plan.

b. Vertical developments or condominiums: the calculation of the maximum housing density for vertical construction (more than two floors) shall be governed according to the following detail:

-Medium density up to 115 dwellings/ha. Applies to the Medium-Density Residential Zone (ZRMD).

-High density up to 154 dwellings/ha. Applies to the High-Density Residential Zone (ZRAD), the Commerce and Services Zone (ZCS), the Mixed Residential and Commercial Zone (ZMR), the Mixed Residential and Tourist Zone (ZMRT), and finally the Zone of Historical Architectural Interest and Urban Renewal (ZIHA-RU).

The maximum housing density established in the preceding subsections shall be applied in all cases, except for the processing of approval (visado) of individual cadastral plans by INVU, when these correspond to properties located within urbanizations constituted and existing with the due approval of the competent institutions, where the "Municipal Authorization for increase in density and greater demand for services" is required as part of the requirements for the referenced process. In these cases, what is established in the general plan of each urbanization regarding the calculation of maximum density prevails, unless the Municipality determines on its own account or through a study conducted by third parties and accepted by the same municipality, the technical feasibility of allowing an increase in density according to the capacity of the existing service networks, taking in this case as the possible maximum density that established by this Zoning Regulation of the Paraíso Regulatory Plan.

Also considered as an exception to the maximum permitted density is the construction of housing on a second floor under the modality of "housing bond to build on a family lot or bond to build on a second floor," which is permitted in all residential and mixed zones except in urbanizations with a site design duly approved by the Municipality and INVU, for which the provisions of the preceding paragraph shall apply.

The maximum housing density permitted in vertical condominiums shall be calculated in accordance with the standards of this regulation, without prejudice to the condominium complying with the conditions necessary to acquire the benefit of greater density established in the Construction Regulation of the Paraíso Regulatory Plan and its reforms. In zones where the construction of horizontal or lot condominiums is permitted, each subsidiary property or lot intended for housing use must comply with the minimum area established for the zone, without prejudice to the use of lot areas larger than the established minimum in its design and construction.

The provision of parking spaces in constructions, as well as outdoor advertising, shall be governed by the provisions of the Construction Regulation of the Paraíso Regulatory Plan and its reforms, or through the supplementary application of the Construction Regulation issued by INVU. Likewise, building setbacks shall conform to the provisions of Annex No. 1 of this Regulation and the standards of the Construction Regulation of the Paraíso Regulatory Plan and its reforms.

Notes:

1. In all cases of new buildings intended for commerce and service activities, the front setback is exempted, provided the zone has a stormwater and sanitary sewer network in operation; in these cases, the building must only respect the setback necessary for sidewalk construction. For cases of existing buildings in an urban quadrant without a front setback, these shall be considered exempt from providing said setback for all purposes of issuing municipal licenses or construction permits for expansions, remodeling, or repairs.

2. The front setbacks apply except for the provisions of the Construction Regulation of the Regulatory Plan for specific activities, works, or projects; likewise, the setbacks facing national routes shall be those determined by MOPT, through its responsible departments.

3. 8 floors are permitted facing a national route for properties located within the urban containment ring of the GAM.

4. 6 floors are permitted facing a route of the cantonal road network for properties located within the urban containment ring of the GAM.

5. A maximum height of 3 floors is permitted for properties located outside the urban containment ring of the GAM, according to articles 3 and 4 of DE 25902-MIVAH-MP-MINAE.

6. A maximum height of 5 floors is permitted for properties located within the urban containment ring of the GAM, according to articles 3 and 4 of DE 25902-MIVAH-MP-MINAE.

7. For combined buildings with residential occupancy, the standards of the High-Density Residential Zone shall be applied for calculating the maximum permitted housing density.

8. Minimum subdivision area fronting a public street with a road provision of no less than 14m.

9. Minimum subdivision area fronting an easement to agricultural, livestock, or mixed parcels.

10. Request a criterion for the maximum permitted height from the Dirección General de Aviación Civil.

11. Applies to Purisil and Calle Jucó for the sector downstream of the bridge over the Granados River.

12. Applies to Alto Loaiza and Calle Jucó in the sectors upstream of the bridge over the Granados River.

13. The minimum area parameter applies indistinctly for lots fronting an easement or fronting a public road.

14. For properties located outside the urban containment ring of the GAM, a maximum of 1.5 times the width of the right-of-way which the property faces is permitted, measured between property lines, without being able to exceed a maximum of 5 floors. In the event that the property faces two or more roads, the calculation of the maximum permitted height shall be made based on the widest right-of-way.

15. The maximum building height may vary by up to a maximum increase of 3 floors through the application of the incentive established in the Construction Regulation of the Paraíso Regulatory Plan.

16. The housing density applies to the development of multi-family housing in combined buildings where commercial and service activity is located on the first floor and the residence on upper floors.

RC = Regulation applies as established in the Construction Regulation of the Paraíso Regulatory Plan and its reforms.

Risk (*) = Environmental and sanitary risk defined by the Ministry of Health according to the General Regulation for sanitary operating permits, enabling permits, and authorization for temporary events of mass concentration of people, granted by the Ministry of Health No. 43432-S For those activities for which no specific conditions are established, all possible nuisances that they may cause to neighboring properties must solely be confined.

(1) Must comply with the Regulation for the supply of fuels at service stations DE No. 43449-MINAE, and its reforms or the regulation that replaces it. Permitted only facing national routes, outside the urban quadrants delimited by the Paraíso Regulatory Plan. This includes electric charging stations (electrolineras) that comprise a conventional service station but in this case include a charging point for electric vehicles.

(2) Public parking lots must comply with the Regulation to the Law Regulating Public Parking Lots DE No. 27789-MOPT, and its reforms or the regulation that replaces it.

(3) Must comply with the Regulation to the Gaming Law DE No. 11918-G (reform), and its reforms or the regulation that replaces it.

(4) Must comply with the Regulation for the sanitary operation of temples or places of worship DE No. 43610-S, and its reforms or the regulation that replaces it.

(5) Must comply with the General Cemetery Regulation DE No. 32833, and its reforms or the regulation that replaces it.

(6) Does not include the construction of penitentiary centers or juvenile correctional facilities.

(7) Only for establishments of the Costa Rican State or service operators authorized by it, under the protection of article No. 12.2 of the Zoning Regulation.

(8) Only for non-profit organizations.

(9) Only for the Junta de Protección Social.

(10) Sale of plants (permitted legal species).

(11) Provided it qualifies as an inoffensive industry according to the Industrial Hygiene Regulation (Reglamento de Higiene Industrial).

(12) Provided it qualifies as an artisanal workshop.

(13) Only for wastewater treatment. Must comply with the Regulation for the Management and Final Disposal of Sludge and Biosolids DE No. 39316-S.

(14) Does not contemplate telecommunications network infrastructure, regulated in article No. 12.1 of the Zoning Regulation.

(15) Only for minor species.

(16) Only for personal tailoring and/or seamstress services.

(17) Permitted only under the category of micro or small business according to the Ministry of Economy, Industry, and Commerce.

(18) Provided there is no direct service to the public.

(19) Buildings for public and private education regulated by the MEP must comply with the provisions of the Construction Regulation of the Paraíso Regulatory Plan and Executive Decree No. 41103-MEP Regulation of architectural design requirements for buildings for public and private education in Costa Rica and its reforms and the regulation that replaces it.

(20) Exploitation of forest and other activities in State Natural Heritage requires a Management Plan in accordance with the Forestry Law (Ley Forestal) No. 7575 and its reforms or the regulation that replaces it.

(21) Without leather production or treatment.

(22) Provided they are less than 500 m2 and under the modality of Small Businesses according to DE No. 35585-MEIC reform to DE No. 33111 General Regulation to Law No. 8262 for the Strengthening of Small and Medium Enterprises. Furthermore, in all cases they must comply with Executive Decree No. 41052-S, Regulation for Centers for the Recovery of Valuable Waste. Consider that no electronic waste is to be collected.

(23) Only for office and installation service provision.

(24) In agricultural zones and protection zones, tourist infrastructure that as a whole does not exceed 1000 m2 of construction and a maximum of 12 rooms per hectare is permitted according to DE No. 25902-MIVAH-MP-MINAE. In residential zones, only guesthouses or boarding houses are permitted.

(25) Must comply with Law 9047 Regulation and commercialization of beverages with alcoholic content and its reforms and standards that replace it.

(26) Must comply with the requirements stipulated in Executive Decree No. 19183-G-S of July 7, 1989 Regulation for Bullfighting Activities. In the case of bullfighting events that are part of fairs, festivals (turnos), or similar, it must comply with DE No. 17923-S, Regulation for Fairs, Festivals, and Similar.

(27) Only fronting a public street.

(28) Provided it is within existing infrastructure.

(29) Provided it corresponds to an administrative office and does not involve storage of inputs.

(30) Permitted conditioned on the water surface area being less than or equal to 0.5 ha, to maintain a potential environmental impact of type C (low) according to DE No. 43898 -MINAE-S-MOPT-MAG-MEIC Regulation for Environmental Assessment, Control, and Monitoring (Reglamento de evaluación, control y seguimiento ambiental). Not permitted with a water surface area larger than that indicated.

(31) Must have access to a public road, and additionally all works that need to be developed around the activity must have the respective municipal licenses.

(32) Only as a complementary activity to an existing industry or business.

(33) Provided the constructions as a whole do not exceed 1000 m2 nor the maximum coverage percentage permitted in the zone, and must have a minimum area of 5 ha.

(34) Provided they have a minimum area of 2 ha.

(35) Subject to operation in a building of less than 500 m2, not causing nuisances to residential use, and complying with the Regulation to the Law on the regulation and commercialization of beverages with alcoholic content of the Municipality of Paraíso Law No. 9047.

(36) Single-family and/or multi-family housing is permitted only in combined buildings where the main use is commerce and services. The development of multi-family housing is not permitted under any figure other than a building combined with commerce.

(37) Conditional on forming part of a tourist development.

(38) Permitted only for state institutions according to article No. 12.2 of the Zoning Regulation.

(39) Within multi-family housing developments, the condominium regime may be applied as established in the Law Regulating Condominium Property (ley Reguladora de la Propiedad en Condominio) No. 7933 and its regulation.

(40) Within residential urbanization developments, the condominium regime may be applied as established in the Law Regulating Condominium Property No. 7933 and its regulation for the specific case of horizontal or lot condominiums.

(41) Within urbanization and/or shopping center developments, the condominium regime may be applied as established in the Law Regulating Condominium Property No. 7933 and its regulation.

(42) Within urbanization and/or industrial complex developments, the condominium regime may be applied as established in the Law Regulating Condominium Property No. 7933 and its regulation.

n.c.p = not elsewhere classified PSF = Sanitary Operating Permit (Permiso Sanitario de Funcionamiento) SUBDIVISION AND URBANIZATION REGULATION (REGLAMENTO DE FRACCIONAMIENTOS Y URBANIZACIONES) (December 2023) The Municipality of the canton of Paraíso, in exercise of the powers granted by the Political Constitution, the Construction Law (Ley de Construcciones) No. 833 of November 2, 1949, the Municipal Code, Law No. 7794 of April 27, 1998, and the Urban Planning Law (Ley de Planificación Urbana) No. 4240 of November 15, 1968, and its reforms, as well as what is required by the Manual of Technical Instruments for the Environmental Impact Assessment Process (Manual EIA) - Part III, Executive Decree No. 32967, issues and enacts the following Subdivision and Urbanization Regulation, which forms an integral part of the Regulatory Plan of the canton of Paraíso.

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Single municipal approval. .................................................................................... 9

Processing period and responsible professional. ...................................................... 9

Municipal licenses and approvals. ......................................................................... 10

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...................................................................................... 13 CHAPTER II: SIMPLE SUBDIVISIONS (FRACCIONAMIENTOS SIMPLES) AND THOSE FOR AGRICULTURAL, LIVESTOCK, OR FORESTRY PURPOSES ......... 14

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General Conditions (condicionantes generales). .............................................................................. 15

Specific Conditions (condicionantes específicas). ............................................................................ 16

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Mixed Purposes. ............................................................................................ ........................................... 18 CHAPTER III: SUBDIVISIONS (FRACCIONAMIENTOS) FOR URBAN DEVELOPMENT PURPOSES (CON FINES URBANÍSTICOS), URBANIZATIONS (URBANIZACIONES), AND RESIDENTIAL COMPLEXES (CONJUNTOS RESIDENCIALES) ...................................................................................... ............................................ 19 SECTION I: SUBDIVISIONS (FRACCIONAMIENTOS) FOR URBAN DEVELOPMENT PURPOSES (CON FINES URBANÍSTICOS). ......................................... 19

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........................................................................ 20 SECTION II: URBANIZATIONS (URBANIZACIONES) AND RESIDENTIAL COMPLEXES (CONJUNTOS RESIDENCIALES). ........................................ 20

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Standards According to Zoning (zonificación). ........................................................................ 21

Area Set-Aside (reserva de área) for Mixed Use (vivienda, comercio y servicios). ................. 21

Location of Utility Networks (redes de servicios). ................................................................. 21

Provision of Water for Human Consumption (agua para consumo humano). .................................................... 21

Wastewater Treatment (tratamiento de aguas residuales). ................................................................... 22

Stormwater Sewer System (alcantarillado pluvial). ..................................................................................... 22

Land Slope (pendiente del terreno) and Earthworks (movimientos de tierra). ............................................ 23

Forest Protection Areas (áreas de protección forestal) and Water Bodies (cuerpos de agua). ............................................. 24

Timber Harvesting (aprovechamiento maderable) on Properties to be Developed. ................................... 25 SECTION III: PUBLIC AREA DEDICATION (CESIÓN DE ÁREA PÚBLICA). ............................................................................... 25

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Obligation to Dedicate Land for Public Use (áreas para uso público). .................................................. 25

Maximum Percentage to be Dedicated for Public Areas (áreas públicas). ....................................... 26

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........................................................................... 28 SECTION V: PLAN APPROVAL (VISADO DE PLANOS) AND DELIVERY OF PUBLIC AREAS (ÁREAS PUBLICAS). ....................................... 28

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...................................................................................... ........................................ 31 CHAPTER IV: PLAN APPROVAL (VISADO DE PLANOS) FOR SPECIAL CASES ................................................................ 33

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Exception to Minimum Lot Dimensions According to Zoning (zonificación). ............. 33

Dedication of Public Areas (cesión de áreas públicas). ................................................................................ 34

Process for the Municipal Approval (visado municipal). ......................................................................... 34

The territory over which this Regulation is applied corresponds to the territory of the canton of Paraíso subject to territorial planning as provided by the Regulatory Plan, the districts of Paraíso, Santiago, Cachí, Llanos de Santa Lucía, and Birrisito in their entirety, and the district of Orosi, according to the respective Zoning Map.

Furthermore, in accordance with the Urban Planning Law No. 4240 and its amendments, it is the responsibility of this Regulation to specify the municipal conditions for permitting subdivisions (fraccionamientos), urbanizations (urbanizaciones), or both operations, among other requirements, including those corresponding to access to a public road and the dedication of areas for public use. Additionally, for purposes of compliance with Article No. 33 of the aforementioned Urban Planning Law No. 4240 or its amendments, the provisions of this Regulation on Subdivisions and Urbanizations (Reglamento de Fraccionamientos y Urbanizaciones) of the Regulatory Plan of the canton of Paraíso shall be contemplated, without prejudice to the supplementary application of national laws and regulations related to the subdivision or urbanization operations of properties.

a. ASADAS: Community Aqueduct and Sewer System Administrative Associations.

b. AyA: Costa Rican Institute of Aqueducts and Sewers.

c. INVU: National Institute of Housing and Urbanism.

d. MINAE: Ministry of Environment and Energy.

e. MOPT: Ministry of Public Works and Transport.

a. Exceptional Access for Residential Use (acceso excepcional para uso residencial): That access which, by exception, enables the subdivision (fraccionamiento) of a property for residential use, in residential or mixed-use zones, and which has restrictions regarding its length, width, and the number of lots it serves.

b. Access by Way of an Easement (servidumbre) to Parcels for Agricultural, Livestock, Forestry, or Mixed Purposes: That means of access to a parcel with agricultural, livestock, forestry, or mixed use, resulting from a subdivision (fraccionamiento), which is due to the productive nature of the property it serves.

c. Setback (alineamiento): Minimum physical distance or limit for the siting of a building with respect to public roads, waterways, streams, springs, lakes, lagoons, estuaries, springs (nacientes), the maritime-terrestrial zone, railways, high-voltage power lines, or special zones, issued by the competent entity.

d. Previously Urbanized Area (área previamente urbanizada): All those urbanizations (urbanizaciones) whose dedication of public areas (áreas públicas) has been duly approved and received by the Municipality of Paraíso.

e. Land-Use Capacity (capacidad de uso de la tierra): The optimal degree of utilization that a specific area of land possesses, based on the classification of its limitations for producing crops sustainably and over prolonged periods.

f. Residential Complex (conjunto residencial): The development of urbanizations (urbanizaciones) that includes, in addition to the enabling of properties through the opening of roads and provision of services, the construction of housing units.

g. Urban Quadrant (cuadrante urbano): The urban area or territorial scope of development of a population center, where the majority of goods and services, the road structure, and its immediate area of influence are located.

h. Right-of-Way (derecho de vía): That area or surface of land, owned by the State, destined for the use of a road, which includes the roadway, green zones, and sidewalks, with adjacent zones used for all installations and complementary works. This area is delimited on both sides by the boundary lines of the adjoining properties at their property line.

i. Subdivision (fraccionamiento) for Agricultural, Livestock, Forestry, or Mixed Purposes: Any subdivision (fraccionamiento) with access through an easement (servidumbre) for agricultural, livestock, or forestry parcels, where the land-use capacity (capacidad de uso de la tierra) is consistent with the purposes of the subdivision.

j. Subdivision (fraccionamiento) for Urban Development Purposes (con fines urbanísticos): Any subdivision (fraccionamiento) carried out facing an existing public street, located outside an urban quadrant (cuadrante urbano) or a previously urbanized area (área previamente urbanizada). The minimum areas of the lots shall conform to the provisions of the Regulation and the Zoning Map of the Regulatory Plan of Paraíso.

k. Simple Subdivision (fraccionamiento simple): Any subdivision (fraccionamiento) carried out facing an existing public street, located within an urban quadrant (cuadrante urbano) or a previously urbanized area (área previamente urbanizada).

l. Subdivision (fraccionamiento): The division of any property for the purpose of selling, transferring, negotiating, distributing, exploiting, or using separately, the resulting parcels; it includes judicial or extrajudicial partition adjudications, locations of undivided rights, and mere segregations in the name of the same owner, as well as those located in urbanizations (urbanizaciones) or new constructions that concern the control of the formation and urban use of real estate.

m. Access Strip (franja de acceso): Any strip that serves to enter an interior lot resulting from a subdivision (fraccionamiento) with less than the standard frontage (frente menor a la norma); its area forms part of the interior property.

n. Industry (industria): Any place, establishment, or activity, uncovered or covered, intended for the elaboration, handling, repair, transformation, or utilization of natural or artificial products. Included in this category are sites intended to receive or store artifacts, instruments, or utensils, materials, and raw materials. Likewise, bus and freight transport stations shall be considered industrial activities or establishments for all legal purposes.

o. Official Map (mapa oficial): The plan or set of plans on which the exact position of the layouts of public roads and areas to be reserved for communal uses and services is indicated.

p. Urban Infrastructure Works (obras de infraestructura urbana): Those that provide support for the development of activities and the functioning of cities, in such a way that they allow the use of urban land. The foregoing contemplates aspects such as road networks, electrical energy service, potable water (agua potable), sanitary sewer network, telecommunications, stormwater sewer system (alcantarillado pluvial), solid waste disposal, among others.

q. Cadastral Plan (plano catastrado): The survey plan (plano de agrimensura), physical or in electronic format, that has been registered in the National Cadastre. Its effects are defined in the Regulation to the National Cadastre Law, Executive Decree No. 34331-J, and its amendments or the regulations that replace it.

r. Survey Plan (plano de agrimensura): The plan, physical or in electronic format, that represents in graphic and mathematical form a property, which complies with the standards established by the Regulation to the National Cadastre Law, Executive Decree No. 34331-J, and its amendments or the regulations that replace it.

s. General Cadastral Plan (plano general de catastro): The plan that contains the general design of the urbanization (urbanización) or the residential complex (conjunto residencial), or of a subdivision (fraccionamiento) for urban development purposes (con fines urbanísticos), including the area and location of the lots, commercial or commercial/residential zones, streets, children's playgrounds, communal facilities, parks, forest protection areas (áreas de protección forestal), and reserves if any.

t. Road Setback Requirement (previsión vial): Process through which it is required to adjust the width of the right-of-way (derecho de vía), in accordance with the provisions established by the Ministry of Public Works and Transport for national roads, or by the Municipality of Paraíso for local roads.

u. Essential Public Services (servicios públicos indispensables): Those corresponding to the service or availability of potable water (agua potable) and electrical energy service.

v. Public Services (servicios públicos): Those services that allow meeting the needs of the population, such as lighting, potable water, sanitation, health, telephone, and transportation, administered by the State or by private companies.

w. Existing Urban Development (urbanización existente): Any urbanization (urbanización) built with the respective municipal permit and whose dedication of public areas (áreas públicas) has been duly approved and received by the Municipality.

x. Urbanization (urbanización): The subdivision (fraccionamiento) and enabling of land for urban purposes through the opening of streets and provision of public services.

y. Multi-family Dwelling (vivienda multifamiliar): The building conceived as an architectural unit with independent habitable areas, suitable for providing shelter to two or more families.

z. Single-family Dwelling (vivienda unifamiliar): The building provided with habitable areas intended to provide shelter to a single family.

aa. Dwelling (vivienda): Any fixed or mobile premises or enclosure, built, converted, or arranged, which is used for housing purposes for people, permanently or temporarily.

The subdivision (fraccionamiento) or urbanization (urbanización) of land shall be permitted provided it meets the following conditions:

a. That the lots have adequate access to a public road.

b. That all lots have access to a rainwater collection system, and have the essential public services (servicios públicos indispensables), these being electricity and water service suitable for human consumption at the time of operating the subdivision (fraccionamiento) or urbanization (urbanización).

Subdivisions (fraccionamientos) for agricultural/livestock or forestry purposes located in zones designated for these uses are exempt from this condition.

c. That the lands are free of limitations imposed by a reservation for public use or other limitations issued by competent institutions that prevent their utilization.

d. That the lands are free of limitations in the area motivated by flood hazards, landslides, or other hazards, or failing that, that such limitations can be reconciled with the proposed development.

e. When there is direct or immediate adjacency with other urbanizations (urbanizaciones), it is mandatory that the project contemplates the continuity of the infrastructure and physical and functional integration.

f. When compliance is met with the provisions of the Regulation to the Pedestrian Mobility Law regarding the construction of sidewalks.

For purposes of the application of Article 40 of the Urban Planning Law, as well as this Regulation, the district seats of Paraíso, Santiago, Orosi, Cachí, Llanos de Santa Lucía, and Birrisito are considered urban quadrants (cuadrantes urbanos), delimited as such in the Zoning Map of the Regulatory Plan of Paraíso, as well as any other sector included as an urban quadrant (cuadrante urbano) in said Zoning Map.

Single Municipal Approval (visado único municipal).

In accordance with Article 33 of the Urban Planning Law, for any subdivision (fraccionamiento) of lands or properties, regardless of their projected use or purpose, it shall be essential to have previously approved the plan indicating the location and area of the resulting portions. Furthermore, the Municipality of Paraíso, in adherence to the Regulation to the National Cadastre Law, recognizes that the municipal approval (visado municipal) referred to by that Regulation is the same as that indicated by the Urban Planning Law, and therefore recognizes a single approval for its subsequent use in the registration of the plan before the National Property Registry. The single municipal approval (visado único municipal) shall be subsequent to having received the approval from INVU for cases of exceptional access for residential use (acceso excepcional para uso residencial) and subdivision (fraccionamiento) for urban development purposes (con fines urbanísticos), for which, insofar as it corresponds to the approval process before said institution, the standards of the Subdivision and Urbanization Regulation of INVU and its amendments or the regulations that replace it shall apply.

Processing Time and Responsible Professional.

The single municipal approval (visado único municipal) of plans, which do not need to have been cadastral-registered according to the provisions of the Regulation to the National Cadastre Law or the regulations that replace it, shall be issued by the Municipality of Paraíso by a professional in Topography and Surveying duly authorized for professional practice. The process shall be completed within fifteen days following its submission, except when it requires opinions, expert reports, or technical reports, in which case the period for resolution shall be one month in accordance with Article No. 40, subsection b), of the Regulation to the Law for the Protection of Citizens from Excessive Requirements and Procedures, Executive Decree No. 37045-MP-MEIC, and its amendments or the regulations that replace it. Public institutions or any other public entity that must process construction or urbanization permits, provide services, grant licenses, or concede loans, shall consider as non-existent for these purposes any subdivisions (fraccionamientos) made without obtaining the respective municipal approval (visado municipal).

Municipal Licenses and Approval (visado).

Consistent with the foregoing subsection and according to Article 58, numeral 2) of the Urban Planning Law No. 4240 and its amendments, the Municipality of the canton of Paraíso shall not grant permits or licenses of any nature for properties originating from subdivisions (fraccionamientos) or lots in urbanizations (urbanizaciones) that do not have the approval (visado) required by Law.

The municipal approval (visado municipal) of survey plans (planos de agrimensura) or cadastral plans (planos catastrados) for subdivision (fraccionamiento) or urbanization (urbanización) shall be denied in the presence of one or more of the following situations:

a. When the simple subdivision (fraccionamiento) originates lots that have a smaller size than permitted in terms of minimum frontage and area, without access to a public road, or lacking essential public services (servicios públicos indispensables). To validate the availability of essential public services (servicios públicos indispensables), interested parties must provide letters, certificates, or certifications from authorized providers or official entities demonstrating that the property has access to or enjoys said services; however, as an alternative mechanism to expedite the process, solely for simple subdivisions (fraccionamientos simples) for a maximum of two water connections, the Municipality may verify the availability of services based on official technological or cartographic instruments provided through analog or digital means, prepared and made official by the competent institutions or entities or service providers, showing the availability or the limitations and potential in the provision of said services, without it being necessary under the application of this mechanism to require the interested party to submit letters, certificates, or certifications, provided that said verification instruments are duly in force. Furthermore, in the event that the availability of services is validated through this mechanism, the Municipality shall include a note in the approval (visado) stating: "For purposes of the construction permit process before the Municipality of Paraíso, the presentation of a letter, certificate, or certification from the provider entities demonstrating the availability of services shall be mandatory." b. When plans are submitted for approval (visado) for lots in a subdivision (fraccionamiento) or urbanization (urbanización) that does not have the permits established by the relevant laws and the Regulatory Plan of the canton of Paraíso.

c. When the intention is to divide a farm or property upon which an impediment, reservation, or destination for public use weighs, or when the cadastral plan (plano catastrado) of the property to be subdivided has been registered in the National Cadastre to the detriment of areas destined for public use. For these purposes, among the lands under reservation or destined for public use, without being limited exclusively to them, are all parks, communal facilities, and children's playgrounds that are documented in site designs of urbanizations (urbanizaciones) or subdivisions (fraccionamientos) previously approved by INVU and the Municipality, even if they have not been registered in the property registry in the name of the Municipality of the canton of Paraíso.

d. For any other technical or procedural cause provided for in national legislation or this Regulation, within which may be considered:

• i)When the owner of the property, whose plan or plans are intended for approval (visado), presents delay or default in the payment of municipal taxes or fees.
• ii)When there is an omission to dedicate in favor of the Municipality the corresponding public area to be used for communal, recreational uses, or areas destined for public streets, road widenings, or protection zones, or when the area dedicated for public use is less than established or has a general slope greater than the average of the total area to be subdivided or developed.
• iii)For not guaranteeing, in urbanizations (urbanizaciones) or subdivisions (fraccionamientos) for urban development purposes (con fines urbanísticos), the cost of the urban infrastructure works (obras de infraestructura urbana) for enabling the property, or for not having made or guaranteed the formal transfer to the municipality of the area reserved for public use.
• iv)When the cadastral plans of a subdivision (fraccionamiento) or urbanization (urbanización) do not conform to the site design approved by the Municipality (general cadastral plan (plano general de catastro)) and INVU.
• v)When an attempt is made to approve a plan for the location of undivided rights in clear violation of Article 9 of the Law on the Location of Undivided Rights No. 2755 and its amendments, in addition to the urbanistic restrictions of minimum area and frontage established by the Regulatory Plan.
• vi)When the Municipal Real Estate and Cadastre Department or the unit that replaces it, based on the property map of the canton or field surveys, detects an overlap or superimposition of properties or any other inconsistency that must be previously corrected.
• vii)When the plan to be approved presents errors in the information it contains or omission thereof, in such a way that it could mislead the Municipal Administration, for example, absent or incorrect geographical location, incorrect or nonexistent reference to a fixed point, nonexistence of the widths of public roads that directly adjoin the land, omission of the location of water bodies and their protection areas, or when the written boundary description does not coincide with the polygon shown on the plan, among others.
• viii)When the lands to be segregated do not comply with the frontage-to-depth ratio or with the regulations established for lots with less than the standard frontage (frente menor a la norma). For these purposes, unless the Zoning Regulation provides specific standards for each zone, the maximum ratio of 1 to 7 shall apply in all cases except in subdivisions (fraccionamientos) intended for agricultural/livestock or forestry use, which shall not be subject to compliance with this requirement.

The municipal approval (visado municipal) shall remain valid without a specific expiration period as long as the registry situation, boundaries, lot area, or any other characteristic susceptible to modification remains unchanged. Failing this, any modification of the area or boundaries of the lot whose plan was approved, which causes a discrepancy between the information of the National Property Registry and the approved plan, shall consequently lead to the processing of a new municipal approval (visado municipal). Approvals granted prior to the enactment of this Regulation shall remain valid as long as the situation described in the preceding paragraph is complied with.

The municipal approval (visado municipal) process shall be governed by the provisions of this Regulation; however, for the purpose of adapting to the technological changes that occur and are implemented by the institutions involved in the practice of topography and surveying in Costa Rica, particularly those related to the digital processing of documents, as well as online consultation and verification of information, the Municipality of Paraíso shall periodically establish, review, and publish, in adherence to the national legal system, the Regulation of Requirements for Municipal Licenses and Procedures of the Municipality of Paraíso, in which the documentary requirements for the municipal approval (visado municipal) process of survey plans (planos de agrimensura) shall be provided. Those established in Articles No. 18, 22, 27, 36, 105, 110, and 115 of the Subdivision and Urbanization Regulation of INVU, its amendments, or the regulations that replace it, may be required supplementarily. For subdivisions (fraccionamientos) for urban development purposes (con fines urbanísticos) on lands of agricultural use, it shall not be necessary to have the "Land-Use Change Authorization (Autorización de Cambio de Uso de Suelo)" issued by the MAG, which shall be required only for subdivisions (fraccionamientos) of parcels for agricultural, livestock, forestry, or mixed purposes that are regulated in this Regulation, in accordance with the Regulation to the Law on the Use, Management, and Conservation of Soils, Executive Decree No. 29375-MAG-MINAE-S-HACIENDA-MOPT and its amendments or the regulations that replace them.

The cadastral plans of subdivision lots that do not comply with the minimum area and frontage requirements demanded by the zoning (zonificación) shall be approved exceptionally when they are plans of properties duly registered in the National Property Registry before the entry into force of this Regulation, without prejudice to what is indicated in Article No. 58 of the Urban Planning Law.

Additionally, a municipal approval (visado municipal) shall not be required in all those cases of properties where a Judge orders their registration by final judgment and in adherence to national regulations that apply to aspects not expressly regulated in the Regulatory Plan of Paraíso or its modifications.

The minimum permitted area and frontage for the lots of a simple subdivision (fraccionamiento simple) or a subdivision (fraccionamiento) for agricultural/livestock or forestry purposes shall conform to the zoning requirements provided in the Regulatory Plan of the canton of Paraíso or its modifications, according to the zone where they are located.

In accordance with Article 84 of the Regulation to the National Cadastre Law or its amendments, any new subdivision (fraccionamiento) that modifies the general cadastral plan of the urbanization (urbanización) approved by the Municipality and INVU is prohibited, if it thereby increases the number of lots or the housing density contemplated in the original plans, for which the capacity of the different utility networks was designed. The foregoing is excepted when the Municipality determines, either on its own or by third parties under its approval, the technical feasibility of permitting the increase in density, for which, when it is required to increase the number of lots or housing units, including apartment buildings or multi-family dwellings (vivienda multifamiliar), for modifications to urbanizations (urbanizaciones) or residential complexes (conjuntos residenciales), the availability of the wastewater treatment (tratamiento de aguas residuales) service for the additional number of lots must also be available. Likewise, when this implies a change in the discharge point, authorization for the discharge from the Municipality of Paraíso must be obtained.

Every simple subdivision (fraccionamiento simple) facing existing public roads of the Cantonal Road Network must be subject to the road setback requirement (previsión vial) that the Municipality of Paraíso shall establish as provided for each road in the Official Map and its respective Regulation of the Regulatory Plan, or that established by the Ministry of Public Works and Transport in the case of routes of the National Road Network.

The Municipality may accept the subdivision (fraccionamiento) facing roads that do not meet the regulatory road width; however, the subdivider must carry out all improvements determined by the Municipality on the half-road facing their lots, including road widening in accordance with the provisions of the preceding paragraph. For these purposes, all those included in the Official Map of the Regulatory Plan of the canton of Paraíso shall be classified as public roads, and in the case of those not included in said map, the person responsible for granting the single municipal approval (visado único municipal) shall proceed to determine their status as a public road in accordance with the criteria established in Articles No. 4, 7 and 8 of the Construction Law No. 833 and its amendments, as well as by the provisions of the Regulation of the Official Map of the Regulatory Plan of Paraíso.

In the case of corner lots or lots with more than one frontage onto a public road generated in new subdivisions and developments (urbanizaciones), the necessary provisions must be taken to guarantee the use of the land considering the applicable front setbacks (retiros frontales).

For all cases of approvals (visados) granted before the entry into force of the Regulatory Plan of Paraíso or its modifications, the Municipality shall accept as valid, by exception, the road alignments (alineamientos viales) that were expressly indicated therein by the Municipality of Paraíso itself at the time of issuing the respective approval, provided that it has not expired as indicated in the article "Expiration of municipal approval" of this Regulation. The foregoing shall apply in case of discrepancy with respect to the road provisions established by the Regulation of the Official Map of the canton of Paraíso.

General conditions.

When a property, due to its front-to-depth ratio, the irregularity of its shape, or its slope, proves impossible to divide into lots with direct access to the public road that meet the minimum area established according to the Zoning Regulation of the Regulatory Plan of Paraíso, the exception of subdivision of lots may be admitted through the opening of an exceptional access for residential use, for a single single-family dwelling (vivienda unifamiliar) per resulting lot. The foregoing is in order to achieve greater utilization of urban areas that have available public infrastructure. Any authority or official of the entities responsible for providing public services may access the resulting lots via exceptional accesses for purposes of control, municipal, public safety, health, fire department, for purposes of provision and supervision of public services when required, and any other similar purpose. The Municipality and other public institutions have no obligation to maintain or provide services to the exceptional access or to the lots it serves.

In addition to the foregoing, exceptional access for residential use is permitted in all residential and mixed zones (only for residential use) delimited in the Zoning Map of the Regulatory Plan of Paraíso and may be accepted to subdivide lots with access to it, provided the following conditions are met:

a. That the proposed use of the subdivision is single-family dwelling and that it is located in a zone of the Regulatory Plan of the canton of Paraíso where this type of use is permitted.

b. That the dimensions of the parent parcel (finca madre) are such that they do not permit the subdivision of lots facing an existing public road while complying with the respective minimum frontages. The minimum area and frontage permitted for lots with exceptional access shall conform to the zoning requirements established in the Regulatory Plan of the canton of Paraíso.

Specific conditions.

a. The lots resulting from the subdivision must have essential public services available.

b. In all cases, the proportional area of the access corresponding to each lot shall be included within its boundaries; however, it shall not be counted for purposes of calculating the minimum area. The minimum width shall be 6.00m and the maximum length shall be 60.00m in all cases and may only enable access for a maximum of 6 lots, which may be located on one or both sides of the access.

c. The exception of subdivision by means of exceptional access for residential use must have, prior to municipal approval, the approval issued by the INVU. In addition, this type of access does not constitute a public road, and must contemplate, prior to the single municipal approval of segregation plans, the construction of curb and gutter (cordón, caño) and vehicular access, as well as sidewalks in front of the resulting lots, where the provision of public services such as potable water, electricity service, and storm drainage (desfogue pluvial) is guaranteed, complying with the Construction Regulation, the Equal Opportunities Law 7600 and its regulation, Executive Decree 26831-MP and its amendments, or the regulations that replace them.

d. Every subdivision affected by an exceptional access for residential use must provide for the collection of rainwater from the resulting lots to prevent ponding.

e. The access must end in front of the last resulting lot, and be indicated on the plans as "end of exceptional access for residential use"; furthermore, lots facing the public road may not use the exceptional access for residential use, unless they have been counted within the maximum of 6 lots permitted for subdivision.

f. Two parallel, adjacent, or continuous exceptional accesses for residential use are not permitted, even when the subdivision does not originate from the same parcel, unless the interested party demonstrates with technical and scientific certainty that it is impossible to locate this access elsewhere, due to front-to-depth ratio conditions; irregularity of its shape; its slope; or precautionary measures to prevent serious or imminent environmental damage, which must be analyzed and authorized by the INVU and the Municipality, in order to safeguard against the use of this mechanism to contravene urban planning regulations.

The area of the exceptional access, despite being an access for common use for the lots it serves, shall be considered at all times as private property, for all purposes of the processing of construction permits for complementary works intended to be built therein to improve its functioning, which may not obstruct or impede in any way the use thereof in accordance with its purpose. Likewise, it shall be considered for common passage for any authority or officials of the entities responsible for providing services or exercising municipal urban planning control. However, regarding services, the Municipality shall not be obligated to maintain or provide services to the interior lots.

Subdivision of lots with a frontage less than the regulatory minimum on the same parcel is permitted in order to take advantage of existing infrastructure, provided the following provisions are met.

a. This type of lot is permitted in all residential, commercial and service, and mixed zones delimited according to the Zoning Map of the Regulatory Plan of Paraíso. In the case of commercial and service activities in this type of lot, they may be permitted provided the property complies with the minimum area required by the Zoning Regulation of the Regulatory Plan of Paraíso, and furthermore, this area is sufficient to satisfy all infrastructure needs related to the activity.

b. Lots with frontage less than the norm are permitted only in simple subdivisions where it is not possible to use another mechanism that allows generating regular lots for the subdivision, provided the result is no more than 8 lots, 4 on the interior (with frontage less than the norm) and 4 on the exterior (with regulatory frontage according to the zone), all facing a public road.

c. Interior lots shall have an access strip that must not exceed 30.00m in maximum length for 3.00m minimum width, or up to 40.00m in maximum length with 4.00m minimum width. Said strip shall be called "property access (acceso del predio)" and shall not be counted for purposes of complying with the minimum area according to the zone where the lot is located; furthermore, the width of the strip must be uniform throughout its entire length, unidirectional, and end at right angles.

d. For all purposes of calculating the maximum length of the strip, measurement shall be taken along its centerline along its entire length in its horizontal projection, from its beginning at the public road to its end at the point where its function of facilitating passage or access to the rest of the property ceases.

Subdivisions of parcels for agricultural, livestock, forestry, or mixed purposes that are regulated in this Regulation are those intended for these same activities in the agricultural-livestock zones delimited by the Regulatory Plan of the canton of Paraíso or its modifications. To authorize the approval (visado) of the plans for agricultural parcels, the interested party must have a soil study and land-use capacity study prepared by a Certifier of Conforming Land Use authorized according to the provisions established in the Regulation to the Law on the Use, Management, and Conservation of Soils, Executive Decree No. 29375-MAG-MINAE-SHACIENDA-MOPT, and Executive Decree No. 30636-MAG, called "Creates the Official Registry of Certifiers of Conforming Land Use," and its amendments, or the regulations that replace them.

Accesses by easement to agricultural, livestock, forestry, or mixed parcels must have a direct connection to the public road, and their minimum width must be 7.00m. In addition, these accesses must be established in the registry entries of the Real Property Registry Directorate in favor of each of the subdivided parcels and against the parcel that generates the subdivision. The material of the wearing course in the accesses by easement to agricultural, livestock, or forestry parcels must be permeable. Any authority or official of the entities responsible for providing public services may access the parcel via the agricultural, livestock, or forestry easement, for purposes of urban planning control, municipal, public safety, health, fire department, and any other similar purpose. However, the Municipality, nor any public institution, has the obligation to maintain or provide services to the easement. This access is not categorized as a public road; therefore, no subdivisions of any other type other than those indicated in this Regulation may be created facing it.

DEVELOPMENTS AND RESIDENTIAL COMPLEXES

It entails the enabling for the first time of lots for urban planning purposes, and must therefore comply with the transfer of public area (cesión de área pública), except for the exceptions indicated in section III of this chapter. Subdivisions for urban planning purposes are permitted provided they meet the following conditions:

a. Be located outside an urban block or a previously urbanized area.

b. Carry out the subdivision within a single parent parcel (finca madre).

c. Have direct access to a public road.

d. Comply with the provisions defined in the Regulatory Plan regarding minimum areas and frontages.

e. Have availability of essential public services. If essential public services are not available, the subdivider must pay for the works executed outside their property to provide said services. Every subdivision for urban planning purposes must provide for the collection of rainwater from the lots to prevent ponding.

f. Be free of urban planning encumbrances or limitations issued by the competent institutions.

The minimum area and frontage permitted for the lots resulting from a subdivision for urban planning purposes shall conform to the zoning requirements established in the Regulatory Plan of the canton of Paraíso, according to the zone where they are located.

For subdivisions for urban planning purposes, the validation of public service availability through the expedited procedure for simple subdivisions set forth in the article "Grounds for denial of municipal approval" of this regulation may not be applied, and therefore, the availability of the water supply service must be granted by the Municipality of Paraíso, an ASADA, or another operator duly authorized to provide the service, through the issuance of a document that guarantees the existence of the water resource with technical and operational feasibility for the production of potable water to supply all resulting lots. When water availability is granted by the Municipality of Paraíso, the Regulation for the Administration and Operation of the Aqueduct of the Municipality of Paraíso and its amendments or the regulations that replace it must be complied with, while when this water availability is granted by an ASADA or another operator subject to AyA regulations, the provisions of the Regulation for the Provision of AyA Services must be complied with. For the construction of the infrastructure that allows providing this service, the provisions established in the Technical Standard for the Design and Construction of Potable Water Supply, Sanitation, and Storm Drain Systems issued by AyA and its amendments or the regulations that replace it must be followed. In the event that the availability of the water supply service is granted through another operator, in addition to the provisions established by AyA, the provisions defined by the operator must be complied with.

The standards detailed below constitute basic regulations for the construction and design of developments; therefore, the INVU Regulation on Subdivisions and Developments, its amendments or the regulations that replace it, shall apply supplementarily.

Regulations according to zoning.

The minimum permitted area and frontage for lots shall conform to the zoning requirements established in the Regulatory Plan of the canton of Paraíso, according to the zone where they are located.

Reserve of area for mixed use (dwelling, commerce, and services).

In every residential use development, either an area equivalent to 6.00m² per lot (6.00m² x total lots) must be allocated for commercial or private services, or an area of 12.00m² per lot (12.00m² x total lots) for mixed uses, which must be distributed and located in different lots according to the design of the residential complex. The mixed-use area may be used for professional services, shops, small grocery stores or suppliers, offices for personal services, barbershops, sodas, laundries, beauty salons, cafeterias, handicrafts, etc. In the event that these areas do not reach the minimum lot size according to the zone, they shall conform to said minimum lot size.

Location of utility networks.

Regarding the location of utility networks for electricity, aqueducts, sewers, telecommunications, or other systems, these must be located in the rights-of-way, on or through public use areas, or independently, with the indication of the use of the service. When the property to be developed is already affected by easements (servidumbres) that allow passage for the indicated services, these easements must remain in the public area designated for roads, provided the entity responsible for providing the service authorizes it. Only the easement for storm drainage use may be located in park and children's playground areas. When the networks are AyA services, the provisions regarding the physical location of the connection and piping, from the Regulation for the Provision of AyA Services and the Technical Standard for the Design and Construction of Potable Water Supply, Sanitation, and Storm Drain Systems issued by AyA and its amendments or the regulations that replace them, must be complied with.

Provision of water for human consumption.

Every development must have a potable water supply system that guarantees the availability of the service, through the infrastructure and equipment for the capture of the water resource, its treatment, and distribution. The availability of the water supply service must be granted by the Municipality of Paraíso, an ASADA, or another responsible operator duly authorized to provide the service, through the issuance of a document that guarantees the existence of the water resource with technical and operational feasibility for the production of potable water to supply all lots resulting from the development. When the availability of the water supply service is granted by AyA or an ASADA, the provisions of the Regulation for the Provision of AyA Services must be complied with. For the construction of the infrastructure that allows providing this service, the provisions established in the Technical Standard for the Design and Construction of Potable Water Supply, Sanitation, and Storm Drain Systems issued by AyA and its amendments or the regulations that replace it must be followed. In the event that the availability of the water supply service is granted through another operator, in addition to the provisions established by AyA, the provisions defined by the operator must be complied with. When it is required to increase the number of lots or housing units for modifications to developments or residential complexes, the availability of the water supply service for the additional number of lots must also be provided.

Treatment of wastewater.

Wastewater must be conveyed to a treatment system that guarantees the capacity of the infrastructure for its purification, considering the provisions of Decree No. 39887 "Regulation for the Approval of Wastewater Treatment Systems" and its amendments or the regulations that replace it, particularly regarding the performance of infiltration tests, or alternatively, a document must be provided that certifies the availability of the wastewater treatment service through the sanitary sewer system. When the availability of the wastewater treatment service is granted by AyA, the provisions of the Regulation for the Provision of AyA Services must be complied with. For the construction of the infrastructure that allows providing this service, the provisions established in the Technical Standard for the Design and Construction of Potable Water Supply, Sanitation, and Storm Drain Systems issued by AyA and its amendments or the regulations that replace it must be followed. In the event that the availability of the wastewater treatment service is granted through another operator, in addition to the provisions established by AyA, the provisions defined by the operator must be complied with.

Storm drainage (Alcantarillado pluvial).

Stormwater must be conveyed to a storm drainage system that guarantees, by means of pipes, conduits, and other accessory works, the discharge of rainwater into natural disposal sites. For the construction of the infrastructure of the storm drainage system, the provisions established in the Technical Standard for the Design and Construction of Potable Water Supply, Sanitation, and Storm Drain Systems issued by AyA and its amendments or the regulations that replace it must be followed.

In the event that terracing (terraceo) of the property is anticipated, the professional responsible for the project must guarantee the adequate outflow of stormwater from the lots, prevent slope erosion, and prevent ponding that may affect the property.

For the final discharge of the storm drainage system, authorization for the outfall (desfogue) must be obtained from the Municipality of Paraíso; if it is a national road, authorization from the MOPT must be obtained. When it is required to increase the number of lots or housing units for modifications to developments or residential complexes, and this implies a change in the point of outfall, authorization for the outfall must be obtained from the Municipality.

Land slope and earthworks (movimientos de tierra).

On lands with slopes greater than 15%, the conditions of the earthworks regarding cuts, fills, and slopes must be determined, and the following provisions must be observed: i) Slopes greater than 15% require the submission of a preliminary soil and terracing study. ii) Slopes up to 30% require the submission of a land stability study. For lands that contain or border watercourses and present a slope equal to or greater than 30% outside the protection area, geotechnical studies of the area to be developed must be submitted, demonstrating that the lands are suitable for construction.

For the submission of any project located on lands with slopes as indicated in this article, a sheet must be included with the recommendations from the studies, such as cuts, fills, vertical-horizontal ratio (V:H), compaction system, terraces, and slopes.

When earthworks must be carried out in developments constructed on lands with slopes greater than 15%, the following provisions must be met:

a. When, in a development or residential complex, the areas intended for the construction of dwellings are required to be located in fill zones, the developer must submit studies that specify the degree of compaction of the fills. Furthermore, fill sites may be used for parks, in which case the construction plans must specify the retaining walls, slopes, and protective elements against accidents.

b. For the preceding cases, the responsible professional must verify that all recommendations indicated in the studies are met and specify in the construction plans the soil stabilization elements to be implemented, as well as in the calculation report and the fill compaction studies.

c. Debris must not be left in the area intended for future constructions nor in public zones; it must be disposed of in accordance with the Law for Integrated Waste Management, Law No. 8839, its amendments, or the regulations that replace it.

d. Rows of lots and roads must be placed preferably parallel to the contour lines.

e. The topsoil that is removed must be temporarily placed in appropriate locations in order to use it later in the final treatment of the areas.

Forest protection areas and water bodies.

In the case of development projects or residential complexes on properties that contain or border protection areas, or that due to their proximity may be affected by them, it is mandatory to request the respective alignment from the INVU, in accordance with the Forest Law (Ley Forestal), Law No. 7575, its amendments, or the regulations that replace it.

In development projects or residential complexes located on properties bordering or containing water springs (nacientes de agua) within the same, the developer must process the Water Body Ruling before the Water Directorate of MINAE, for the determination of the encumbrance and process the respective alignment before the INVU in accordance with the provisions of the Forest Law and the Water Law and their amendments or the regulations that replace them.

The forest protection area and water spring area must not be counted within the developable area, nor within the percentage allocated for public use. In the protection area, earthworks that alter the natural topography of the property may not be carried out; this implies a prohibition on terracing and the deposit or extraction of materials.

In very qualified cases, as established in the Water Law, Law No. 276, its amendments, or the regulations that replace it, MINAE may authorize works in public domain watercourses when it is demonstrated that they do not cause deterioration to local natural resources. Thus, when the property to be developed is affected by a watercourse, in order to carry out channelization or piping works, the approval of the Water Directorate of MINAE must be obtained. The area used for the channelization remains inalienable as established in the Forest Law, Law No. 7575, its amendments, or the regulations that replace it. In the event that a stream or brook is piped, its axis is modified, and its course is rectified, the restrictions of the protection areas established in the Forest Law, Law No. 7575, must be applied from the edge of the course at its entrance to and exit from the pipe. Furthermore, when there are municipal projects or those of any institution for the piping of said waters, the developer must pay the proportional part of the works that corresponds to them.

Timber harvesting on properties to be developed.

When the felling of timber trees for harvesting is required on properties to be developed, the provisions established in the Regulation for the Processing of Permits and Control of Timber Harvesting on Lands for Agricultural-Livestock Use, Without Forest, and Special Situations in Costa Rica, Officialization of the "Information System for the Control of Forest Harvesting (SICAF)", Executive Decree No. 38863-MINAE and its amendments, or the regulations that replace it, must be complied with.

Obligation to transfer areas for public use.

In subdivisions for urban planning purposes and in every development or residential complex project, the subdivider or developer shall transfer, free of charge and without restrictions, 10% (ten percent) of the total developable area. Excepted from this provision are those subdivisions destined for agricultural-livestock or forestry purposes and subdivisions for urban planning purposes as described in the following cases:

a. High-Density Residential Zone (ZRAD) of 8 lots or fewer, or those whose total area sum is less than 1500 m².

b. Medium-Density Residential Zone (ZRMD) of 8 lots or fewer, or those whose total area sum is less than 2000 m².

c. Low-Density Residential Zone (ZRBD) of 8 lots or fewer, or those whose total area sum is less than 4500 m².

The public areas thus transferred shall be designated for children's playgrounds, parks, and community facilities as provided in this Regulation and do not include the protection areas of rivers, streams, springs, and other natural water bodies, delimited in accordance with the Forest Law.

Maximum percentage to be transferred for public areas.

In developments or residential complexes and in subdivisions for urban planning purposes where the calculation of the percentage of area to be transferred as public area results in a lot smaller than the minimum established by the Zone in which the property is located according to the Regulatory Plan of the canton of Paraíso, the Municipality may require a higher percentage up to completing the area of the minimum lot, provided this percentage does not exceed 20% of the total developable area or area to be subdivided, in accordance with the provisions of Article No. 40 of the Urban Planning Law. For developments or residential complexes and subdivisions that cannot comply with this standard because exceeding the maximum permitted public area to fulfill the respective transfer, the Municipality shall be empowered to request the subdivider to transfer the area in another property in accordance with the needs for public area established in attention to the provisions of the article "Endowment of public area in the canton of Paraíso" of the Regulation of the Official Map of the Regulatory Plan of Paraíso and its amendments. These areas shall be transferred in favor of the municipal domain for public use.

The lands on which public areas are located must have a slope not greater than the average of the entire developable land and must be located according to the following criteria:

a. Adjacent to already established public areas, if any, or on the periphery when the surrounding areas are not developed, and have a minimum frontage of 10.00m.

b. At a distance of no more than 300m from the most distant dwelling, measured along streets for children's playground areas, and in sites where primary roads need not be crossed to reach them from the dwellings they serve.

c. Additionally, the areas designated for children's playgrounds and community facilities must be provided with potable water connections.

d. Access to all public areas must comply with the provisions established in the Equal Opportunities Law for Persons with Disabilities, Law No. 7600, its Regulations, Executive Decree No. 26831-MP and its amendments or any superseding regulations; the community facilities (facilidades comunales) area must be enabled for its construction.

a. In residential developments (urbanizaciones) and subdivisions with urbanistic purposes (fraccionamientos con fines urbanísticos), the public area transferred by the developer shall be distributed as follows: i) Children's playgrounds (juegos infantiles): 10m2 per lot or housing unit. ii) Parks: 1/3 of the public area after accounting for the children's playgrounds area, iii) Community facilities (facilidades comunales): The remaining public area, that is, the 2/3 parts of the public area after accounting for the children's playgrounds area. The children's playgrounds, parks, and community facilities areas must be conditioned in compliance with all guidelines of articles No. 63 to 66 of the INVU Subdivision and Development Regulations (Reglamento de Fraccionamiento y Urbanizaciones del INVU), its amendments or any superseding regulations.

b. In commercial, industrial, or mixed-use developments or subdivisions, the public areas may be distributed interchangeably in a manner that serves the intended use, as green zones, parks, recreational or sports spaces. The percentages to be transferred shall be 10% in all cases.

c. If the construction of treatment plants, retention ponds, or both is required, the designated area must be accounted for in addition to the area that must be transferred for public use.

Every subdivision project with urbanistic purposes that requires the construction of urban infrastructure works and every development or residential complex (conjunto residencial) must be approved by the Urban Planning Directorate of INVU (Dirección de Urbanismo del INVU) prior to submission to the Municipality for the processing of the municipal license or construction permit, supplementarily observing the regulations established in chapters III, VI, VII and VIII of the INVU Subdivision and Development Regulations, its amendments or any superseding regulations.

Every development project, residential complex, or subdivision with urbanistic purposes must have a General Plan (Plano General), which must be georeferenced to the official coordinate system in force and bear the signature of the responsible professional, an active member of the College of Surveyor Engineers of Costa Rica (Colegio de Ingenieros Topógrafos de Costa Rica). This plan must contain the general design of the development or residential complex, including the area and location of lots, commercial or commercial/residential zones, streets, children's playgrounds, community facilities (facilidades comunales), parks, forest protection areas (áreas de protección forestal) and reserves, if any. In addition, it must include the area table, dimension the building line in plan, typical street sections, and the respective hatching. This general plan must be submitted by the responsible professional to the respective municipality and INVU, for the approval process by this institution and the Municipality following the procedure described in these regulations.

To comply with article No. 33 of the Urban Planning Law No. 4240 and its amendments or any superseding regulations, in urban development projects and residential complexes, the approval (visado) of the Municipality shall be authorized by the Municipal Council, with the prior receipt of the works and public areas once the construction works have been completed according to the respective construction license issued by the Municipality. For these purposes, the following procedure shall be observed:

a. Unfinished infrastructure works will not be received, and in the case of phased constructions, receipt will be made for each duly completed phase. Thus, once the construction works have been completed according to the respective construction permit, it must be verified that the project has been built in accordance with the plans approved in the respective construction license or permit. In addition, the interested party must demonstrate by providing letters or certifications from the respective institutions, the following:

• i)Municipality of Paraíso or rural aqueduct operator: receipt of aqueduct and sewer systems including a pressure test for the potable system.
• ii)JASEC or the corresponding electricity provider: acknowledgment of receipt stating that the electrical system operates satisfactorily and that the public lighting service has been paid for.
• iii)Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes): in the case of a national highway, it must be accredited that the transition has been received satisfactorily.
• iv)Benemérito Fire Department of Costa Rica (Benemérito cuerpo de Bomberos de Costa Rica): it must be accredited that the hydrant system has been tested and received satisfactorily.
• v)Wastewater treatment: a certification must be provided accrediting the perfect functioning of the treatment plant, which must be issued by the entity that installed it; this is not considered a municipal public area, due to which its operation must be carried out by the developer until it is transferred to the Municipality of Paraíso.
• vi)Regarding the public roads that will pass to the Municipality: compaction tests of the base and sub-base of the asphalt layer must be provided, indicating the thicknesses placed; this documentation must be issued by a materials laboratory accredited before the Federated College of Engineers and Architects of Costa Rica (Colegio Federado de Ingenieros y de Arquitectos de Costa Rica).

b. For the receipt of the works and public areas, the Department of Urban Development (Departamento de Desarrollo Urbano) jointly with the Municipal Technical Unit for Road Management (Unidad Técnica de Gestión Vial Municipal) or the respective superseding departments, shall verify what is indicated in subsection "a" as well as the condition and conformation of the areas to be transferred to the Municipality and render a report to the Municipal Mayor indicating acceptance, rejection, or the measures that must be taken to guarantee the durability of the works or the good condition of the streets and the conditioning of the park, children's park, or community facilities (facilidades comunales) areas, considering for this purpose what is provided by article No. 123 of the INVU Subdivision and Development Regulations and its amendments or any superseding regulations.

For these purposes, the Municipality, as part of its inspection duty regarding developments, through construction inspectors, shall be obliged to: Verify in the field the construction permits and earthworks (movimiento de tierra). Verify rights-of-way widths (sidewalks, curb, shoulder, and roadway). Oversee respect for protection zones with respect to constructions. Verify in the field the construction of special walls on slopes and terraces adjacent to private lots and communal public areas, children's playgrounds (juegos infantiles), and parks, according to approved plans. Verify the slopes of communal areas, children's playgrounds (juegos infantiles), and parks. Verify in the field the construction of ramps for persons with disabilities according to plans. Verify widths, slopes, and transition with the public road and sidewalks. Verify alignments according to construction plans and construction permit. Verify the existence of easements (servidumbres) of all types; if they exist, that they are respected. In the absence of a functioning sanitary network for subdivisions with urbanistic purposes, the inspector must verify the drainage meters according to the plans. In case of doubt, they must report in writing to their superior so that any uncertainty in this regard is clarified in the field and in the office. In the case of residential complexes, front, rear, and side setbacks, protection zones, windows facing boundaries and their minimum setbacks as permitted according to the Regulatory Plan Regulations (Reglamento del Plan Regulador) and Construction Regulations (Reglamento de Construcciones), maximum heights according to the Regulatory Plan, approved areas, and possible area excesses shall also be verified taking into account the initial land-use coverage (cobertura del uso de suelo).

c. The Report indicated in the previous subsection and the general plan shall be sent by the Mayor's Office to the Municipal Council within a period not exceeding ten business days after the referenced technical report is prepared, so that said body may approve or deny, through the respective agreement, the receipt of the works and public areas. In case of approval, the agreement must expressly authorize the Mayor to initiate the transfer of the public areas and to sign the deeds and documents necessary for such purpose.

d. Once the receipt of the works and public areas has been authorized by the Municipal Council, the Municipality, through the Department of Urban Development or the superseding department, issues the approval of the General Plan indicating the municipal agreement number, date, name, and signature of the official granting the approval.

e. With the municipal approval, the responsible professional processes the approval of the General Plan before INVU; who, in accordance with its competencies, may conduct an inspection of the project, with the purpose of verifying that what is indicated in the General Plan is consistent with the constructed work. For the purposes of completing the process before INVU, the documentary requirements established in article No. 121 of the Subdivision and Development Regulations of said institution and its amendments or any superseding regulations must be observed.

f. With the approval of the Municipality and INVU, the General Plan becomes an Official Map (Mapa Oficial) and the responsible professional may process what corresponds in the Real Estate Registry (Registro Inmobiliario).

In addition, at this point, the responsible professional shall prepare and present to the Department of Urban Development the survey plans (planos de agrimensura) of the areas to be transferred to the Municipality, together with the drafts of their respective deeds, so that the Municipality may verify that they conform to the approved general plan and coordinate with the Mayor's Office and its legal advisors the review of the deeds to guarantee that what is stated in them complies with current regulations. After this process, it shall proceed to approve the survey plans of the public areas also referring to the respective agreement number of the Municipal Council that authorizes said approval.

g. The reviewed deed drafts and approved survey plans of the public areas are returned to the interested party so that the latter may continue their registration process in the National Cadastre (Catastro Nacional). Once the survey plans of the public areas have been cadastrally registered, the interested party shall present the final deeds before the Mayor's Office for signature and effective transfer in the name of the Municipality.

h. Once the transfer in the name of the Municipality of Paraíso of the public areas has been completed, the interested party shall provide the remaining cadastrally registered plans of the lots of the development or residential complex for their respective approval in the Department of Urban Development or superseding department, which shall verify at all times their adherence to the general plan approved by INVU and the Municipality of Paraíso.

To authorize the approval of plans for subdivisions with urbanistic purposes, the subdivider must process the approval of INVU, prior to municipal approval, observing the provisions of article No. 22 of the Subdivision and Development Regulations of that institution, its amendments or any superseding regulations, except for those subdivisions of 8 lots or less not subject to the transfer of public area, which shall be processed following the procedures for a simple subdivision.

Once INVU approval is obtained in the cases requiring it, and for all purposes of the municipal approval process, the following procedure must be observed:

a. It is warned that in all cases where the construction of urban infrastructure works is required, these must previously have the respective construction permit or municipal license.

b. For the receipt of public areas, the Department of Urban Development jointly with the Municipal Technical Unit for Road Management or the respective superseding departments, shall verify the condition of the areas to be transferred to the Municipality and render a report to the Municipal Mayor indicating acceptance, rejection, or the measures that must be taken to guarantee the equipping of children's playgrounds (juegos infantiles) or the good condition of the streets, considering for this purpose what is provided by article No. 123 of the INVU Subdivision and Development Regulations and its amendments or any superseding regulations.

c. The Report indicated in the previous subsection and the general plan shall be sent by the Mayor's Office to the Municipal Council within a period not exceeding ten business days after the referenced technical report is prepared, so that said body may approve or deny, through the respective agreement, the receipt of the works and public areas. In case of approval, and when so required, the agreement must expressly authorize the Mayor to initiate the transfer of the public areas and to sign the deeds and documents necessary for such purpose.

d. Once the receipt of the works and public areas has been authorized by the Municipal Council, the Municipality, through the Department of Urban Development or the superseding department, issues the approval of the General Plan indicating the municipal agreement number, date, name, and signature of the official granting the approval.

e. With the approval of the Municipality and INVU, the General Plan becomes an Official Map and the responsible professional may process what corresponds in the Real Estate Registry.

In addition, at this point, the responsible professional shall present to the Department of Urban Development the survey plans of the areas to be transferred to the Municipality, together with the drafts of their respective deeds, so that the Municipality may verify that they conform to the approved general plan and coordinate with the Mayor's Office and its legal advisors the review of the deeds to guarantee that what is stated in them complies with current regulations. After this process, the survey plans of the public areas are approved, also referring to the respective agreement number of the Municipal Council that authorizes said approval.

f. The reviewed deed drafts and approved survey plans of the public areas are returned to the interested party so that the latter may continue their registration process in the National Cadastre. Once the survey plans of the public areas have been cadastrally registered, they must be presented together with the final deeds before the Mayor's Office for signature and effective transfer in the name of the Municipality.

g. Once the transfer in the name of the Municipality of Paraíso of the public areas has been completed, the interested party shall provide the remaining cadastrally registered plans of the lots of the subdivision for their respective approval in the Department of Urban Development or superseding department, which shall verify at all times their adherence to the general plan approved by INVU and the Municipality of Paraíso.

Prior to processing the municipal approval for survey plans in a subdivision intended for a cemetery, the construction of the cemetery as such must have the respective construction license from the Municipality and other competent institutions, meeting the requirements established by the General Cemetery Regulations (Reglamento General de Cementerios), Decree No. 32833 and its amendments, as well as the provisions of the Construction Regulations of the Regulatory Plan of the canton of Paraíso. In addition, the works must be completed and have the respective receipt of works from the Municipality before opting for the municipal approval process for the subdivision plans.

Exception to minimum lot dimensions according to zoning.

As an exception to the minimum lot standards indicated in the Zoning of the Regulatory Plan of the canton of Paraíso according to the zone where the subdivision is located, the general land for a cemetery must have the minimum area indicated by the General Cemetery Regulations, Decree No. 32833 and its amendments, as well as comply with the location conditions indicated in said regulatory body. In addition, the minimum dimensions of the graves and the corridors that separate them and allow internal circulation within the Cemetery must fully conform to what is required by said Regulations.

On the other hand, in the case of lots intended for the construction of infrastructure for public service networks, such as: potable water, electricity, telecommunications, among others, regardless of the zone in which the property is located, simple subdivision into a minimum lot with an area smaller than that established in the Zoning Regulations of the Regulatory Plan of Paraíso shall be permitted, provided that the subdivision is promoted by the interested institution itself, has frontage on a public street, and the interested institution justifies the desired minimum area with technical criteria. In these cases, upon granting the municipal approval, a note shall be recorded indicating "lot for exclusive use in the construction of infrastructure for public services".

Transfer of public areas.

For the specific case of subsection d-ii) of article 7 of these Regulations, only the obligation to transfer to public use the respective road widenings (ampliaciones viales) shall apply, according to the road provision established by the Official Map Regulations of the Regulatory Plan of the canton of Paraíso, or that indicated by MOPT in the case of routes of the National Road Network (Red Vial Nacional).

Municipal approval process.

For those subdivisions intended for cemeteries not subject to the condominium regime, the municipal approval shall be processed under the procedure established for subdivisions with urbanistic purposes, as applicable.

OFFICIAL MAP REGULATIONS (December 2023) The Municipality of the canton of Paraíso, in exercise of the powers granted by the Political Constitution, the Construction Law No. 833 of November 2, 1949, the Municipal Code, Law No. 7794 of April 27, 1998, and the Urban Planning Law No. 4240 of November 15, 1968, and its amendments, as well as what is required in the Manual of Technical Instruments for the Environmental Impact Assessment Process (Manual EIA) - Part III, Executive Decree No. 32967, issues and promulgates the following Official Map Regulations, which forms an integral part of the Regulatory Plan of the canton of Paraíso.

Content

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CHAPTER VII: BIKE LANES................................................................................................... 27

The territory over which these Regulations apply corresponds to the territory of the canton of Paraíso subject to territorial planning, which includes the districts of Paraíso, Santiago, Cachí, Llanos de Santa Lucía and Birrisito in their entirety, and the district of Orosi, according to the respective Zoning Map.

In accordance with the Urban Planning Law No. 4240 and its amendments, these Official Map Regulations establish the rules on reserves, acquisition, use, and conservation of the areas necessary for roads, parks, squares, buildings, and other communal uses, and together with the plans or the cadastre that complement it, shall constitute a special, reliable registry on property and designation for public domain of the lands or spaces already dedicated to public uses, with national laws and regulations related to its subject matter being supplementarily applicable.

a. DTA: Administrative Territorial Division of the Republic of Costa Rica.

b. INCOFER: Costa Rican Railway Institute.

c. MOPT: Ministry of Public Works and Transport.

d. UTGVM: Municipal Technical Unit for Road Management.

For all purposes of application of these Official Map Regulations of the canton of Paraíso, the following definitions must be considered:

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, reserved for pedestrian traffic.

b. Urban tree planting (Arborización urbana): The management of trees as a contribution to the physiological, sociological, and economic well-being of the society inhabiting cities. It relates to urban forest patches, smaller groupings of trees, and individual trees within people's residential context. Urban areas encompass a great diversity of habitats, such as: streets, avenues, parks, vacant lots, among others.

c. Public area (Área pública): That composed of public roads, the lands necessary for the installation of communal services, communal buildings and, in general, public use infrastructure, and the children's playgrounds (juegos infantiles), parks, and games and sports areas necessary in the canton to satisfy the needs of its inhabitants.

d. Boulevard: Wide street with a central tree-lined promenade.

e. Roadway (Calzada): Part of the street intended for vehicular traffic, comprised between curbs, ditches, or drainage trenches.

f. Right-of-way (Derecho de vía): That area or land surface, property of the State, intended for the use of a public road, which includes the roadway, green zones, and sidewalks, with adjacent zones used for all complementary installations and works. This area is delimited on both sides by the boundaries of the adjacent properties at their property line.

g. Space for public transportation: Those spaces for the exclusive use and transit of public transportation, including those on which the movements of people, goods, and collective transport vehicles occur, as well as those that allow these vehicles to remain parked, or those where load-breaking operations and other auxiliary tasks take place.

h. Exchange stations: Areas permanently designated to facilitate the exchange of passengers between different modes of transport.

i. Official Map (Mapa Oficial): The plan or set of plans in which the position of the public road layouts and areas to be reserved for communal uses and services is exactly indicated.

j. Cadastral plan (Plano catastrado): The survey plan, physical or in electronic format, that has been registered in the National Cadastre. Its effects are defined in the Regulations to the National Cadastre Law, Executive Decree No. 34331-J, and its amendments or the regulation that replaces it.

k. General survey plan for urbanizations or residential complexes (Plano general de agrimensura de urbanizaciones o conjuntos residenciales): The plan containing the general design of the urbanization or a subdivision for urban development purposes, including the area and location of lots, commercial or commercial/residential zones, streets, playgrounds, communal facilities, parks, forest protection areas, and reserves if any.

l. Right-of-way reservation (Previsión vial): The right-of-way width set by this Regulation for the different categories of streets and public roads defined herein; it includes the roadway, sidewalks on both sides, and green strips on both sides. The right-of-way reservation shall be the regulation based on which the established rules for the acceptance of subdivisions on streets that do not comply with the regulatory dimensions established herein for all purposes of the respective road widenings will be applied.

m. Public transportation terminals: Public transportation boarding sites or those representing origin-destination points of the route traveled by public transportation vehicles. They comprise nuclei that encourage the development of urban activities in their location zones. Therefore, their designs must seek the formation of a polyfunctional urban center with possibilities for future growth, seeking compatibility with commercial and service activities.

n. Municipal Road Management Technical Unit (Unidad Técnica de Gestión Vial Municipal): The municipal department responsible for the maintenance, improvement, and rehabilitation of the Cantonal Road Network and which also acts as the technical secretariat of the Cantonal Road Board.

o. Public road (Vía pública): Any land of public domain and common use, which by provision of the administrative authority is designated for free transit in accordance with planning laws and regulations and/or that is already in fact designated for that public use. According to their class, public roads shall also be designated to ensure the aeration and lighting conditions of the buildings that bound them; to facilitate access to adjoining properties; for the installation of any pipeline, artifact, apparatus, or accessory belonging to a public work or intended for a public service.

p. Transportation logistics zones (Zonas de logística de transporte): Community facility use for a transportation logistics zone is understood as that intended to concentrate and facilitate the tasks of load splitting and consolidation, or the parking and maintenance of heavy vehicles, as well as the auxiliary tasks for the preparation of goods in relation to transport and those necessary for such operations.

The Official Map (Mapa Oficial) of the Paraíso Regulatory Plan, together with the plans or the cadastre that complement it, shall constitute reliable record of ownership and designation to public domain of all public lands or spaces¹ of the canton, be these public roads, lands for communal facilities, parks, recreational sports areas, playground areas, etc.

1 Article No. 43. Urban Planning Law included in the Official Map of the Regulatory Plan of the canton of Paraíso form part of the municipal public domain assets, both in the use of their surface and subsoil.

Consequently, the lands occupied by the cantonal road network and other public lands

The Municipality of Paraíso shall seek to align itself with the National Land Management Policy, Executive Decree No. 37623-PLAN-MINAET-MIVAH and its amendments or regulation that replaces it, progressively managing the public area necessary to guarantee the goal of 10m² of public area per inhabitant. To this end, it shall establish its priorities in the provision of public area using the districts as planning units or smaller planning units that it may designate for this purpose, such as neighborhoods or others, according to those with the greatest deficiency in the provision of public area, in accordance with the inventory in Annex No. 1 (Anexo No. 1) of this Regulation, which shall be maintained by the department in charge of the municipal cadastre, and which shall be related to the population projections from the basic studies of the Paraíso Regulatory Plan or those periodically carried out by the Municipality or the National Institute of Statistics and Censuses, for which it may:

a. Receive by donation or transfer from the State or its Institutions under the terms established by the Municipal Code, or from private third parties, the real estate necessary to be used for the provision of public areas, including for this purpose the figure of payment in kind in cases where it is justified according to the legal regulations applicable to such cases.

b. Expropriate or purchase suitable and necessary land for green areas or communal facilities in accordance with the applicable national legislation for these purposes.

All of the foregoing must be carried out in coordination with the respective District Councils, and taking into consideration the respective Local Human Development Plan of the canton according to the procedures established by the Municipality of Paraíso. Furthermore, the provision of these public areas shall always be without prejudice to the public areas that, in accordance with the Subdivision and Urbanization Regulations (Reglamento de Fraccionamientos y Urbanizaciones) of the Regulatory Plan, must be transferred by virtue of subdivision operations for urban development purposes or urbanizations developed in the canton.

The public areas managed under the terms of the previous article must be located in zones with availability of public lighting, potable water, solid waste collection, and no more than 300m walking distance from public transportation services. Additionally, they cannot have a predominant slope greater than 30%, and must be free from natural or anthropogenic threats in accordance with the limitations and potentials of the territory according to the integrated environmental fragility index (índice de fragilidad ambiental) for the canton of Paraíso.

As an exception to the provisions of the preceding paragraph, the criteria indicated for the selection of public areas shall not apply when dealing with the acquisition of protection areas for water sources (fuentes de agua) or land whose acquisition is motivated by risk management initiatives promoted by the Municipality of Paraíso.

For all purposes of disposing of a public asset in the case of an exchange with privately owned land, authorization from the Legislative Assembly shall be required for the removal of the public use or purpose designation to which the public asset in question is linked. Likewise, prior legislative authorization shall be required for the mere change in the nature or purpose of a public asset.

Public roads are imprescriptible and inalienable. Likewise, all lands occupied by existing public highways and roads or those built in the future are the property of the State, while the Municipality holds ownership of the public roads within its jurisdiction², over which the following works, installations, or facilities may be authorized:

2 Article No. 2. General Law of Public Roads.

a. On the surface, only those pertaining to vehicular and pedestrian roadways, public installations related to urban furniture, such as lighting lamps, telecommunications infrastructure, traffic lights, benches, planters, public transportation shelters, or other urban furniture may be authorized; and exceptionally, others of special and private use such as telephone installations, newspaper kiosks, and/or facilities for public transportation, provided they respond to a general program for the entire canton.

b. In the subsoil of the public domain, only uses related to urban infrastructure, public transportation, and parking under a concession regime may be authorized.

The set of roads for public use, according to their administration, shall be classified into the national road network and the cantonal road network. The jurisdiction of the Municipality is limited and delimited to the roads comprised in the cantonal road network, with the remaining roads cataloged as the national road network, under the administration of the MOPT and the INCOFER when dealing with railway transport.

It is the competence of the Municipality of Paraíso, through its departments, to carry out the rational maintenance of the public roads of the cantonal road network, as well as to dictate the necessary measures so that these public spaces offer road safety, health, comfort, free transit, roadworthiness, and beauty, for which it shall be responsible for:

a. Establishing the hierarchy of the roads of the cantonal road network, roadway width, and other elements they must contain.

b. Issuing the alignments on the public roads of the cantonal road network with a view to this Regulation and the Official Map (Mapa Oficial) of the canton of Paraíso.

c. Processing the respective permits and approvals, according to the official channels and procedures established by the Municipality, for the occupation of public roads with urban furniture (booths, benches, trash bins, public telephone booths, tree planting, and other similar items occupying the public road), nomenclature, advertising messages, provisional works, fairs, and public spectacles.

d. Addressing complaints about encroachments on public roads and areas in general, as well as carrying out the necessary procedures for the safeguarding of said public areas, including the expert engineering studies necessary to determine the existence or not of the alleged encroachments.

e. Ensuring that natural or legal persons, owners or possessors, by any title, of real estate, comply with their obligation to clear the vegetation from their properties located on the edges of public roads and trim that which harms, obstructs, or represents a danger to the passage of people. Likewise, they shall remove objects, materials, or similar items from sidewalks or their properties that contaminate the environment or obstruct passage and adequately guarantee the safety, cleanliness, and maintenance of properties, when public roads or properties or third parties related to them are affected.

In addition to the public roads included in the Official Map (Mapa Oficial) of the canton of Paraíso, in the future the Municipality may declare new cantonal public roads, in the cases detailed below, provided these have not been declared roads of the national road network by the MOPT:

a. When the land is of public domain and common use of the citizens.

b. When the road is given by law or in fact to public service and is not of private domain.

c. When the road is of private domain, but there is a transfer, purchase, or expropriation following the applicable regulations, based on a declaration of public interest to promote adequate urban connectivity, including transformations of easements into public roads. For these purposes, the roads proposed in the Official Map (Mapa Oficial) of the Paraíso Regulatory Plan shall be considered, and the procedures established in the Protocol for the Declaration of Public Streets in the Cantonal Road Network of Costa Rica of the Ministry of Public Works and Transport, as well as the road classification criteria established in this Regulation, may be applied, without prejudice to subsidiarily applying the provisions of Chapter II "Constitution, classification, and inventory of the cantonal road network" of the Regulation to Law No. 9329, Executive Decree No. 40137 or its amendments and regulation that replaces it, "Regulation to the Special Law for Transfer of Competencies: Full and Exclusive Attention of the Cantonal Road Network." In addition, the Municipality must guarantee that all streets created through this means comply with the infrastructure and adequate mobility conditions for vehicles and pedestrians in accordance with the provisions of this Regulation.

d. When the public areas resulting from an urbanization process or subdivision for urban development purposes are received. In this case, once a general subdivision or urbanization plan is approved by the INVU as applicable and the Municipality of Paraíso, complying with the Subdivision and Urbanization Regulations (Reglamento de Fraccionamiento y Urbanizaciones) of the Paraíso Regulatory Plan, the lands that on said plan appear designated for public roads shall leave the domain of the subdivider and become public domain. Consequently, all those appearing as such in cadastral plans of lots resulting from subdivisions and urbanizations duly endorsed by the Municipality and the INVU as applicable shall be public roads.

For the cases of sections a, b, and c, the Municipality must rely on the corresponding technical studies. Furthermore, in all declarations, the public interest, adequate urban connectivity, the infrastructure conditions of the new roads, compliance with the right-of-way reservations (previsiones viales) established in this Regulation according to the road hierarchy, and the procedures established for this purpose must also be evaluated, which include the respective adoption by the Municipal Council in accordance with the competencies in matters of urban planning granted to it by the Municipal Code³.

3 Article No. 13

The road network in the canton fulfills a complex set of functions, among which the following stand out:

a. Serving as a channel for local vehicular traffic and interurban connection.

b. Contributing to formalizing the landscape and the environment to which the buildings open.

c. Accommodating the circulation of motor vehicles, pedestrians, and bicycle paths.

d. Providing vehicular and pedestrian access to buildings and facilities.

e. Serving as a space for recreation and social interaction.

f. Serving as a reference for subdivision and the layout of buildings.

In accordance with Article 1 of the General Law of Public Roads, Law No. 5060 and its amendments or regulation that replaces it, the Organic Law of the Costa Rican Institute of Railways, Law No. 7001 and its amendments or regulation that replaces it, and the delimitation of competencies of this Regulation, the administration of the national road network corresponds to the MOPT, and the administration of the railway transport system to the INCOFER, which bodies shall decide on the respective alignments on the national routes and railway lines, respectively, all in accordance with the current nationally applicable regulations.

The administration of the cantonal road network within the territory of its jurisdiction corresponds to the Municipality of the canton of Paraíso as indicated in the Official Map (Mapa Oficial) of the Paraíso Regulatory Plan. For these purposes and regarding the issuance of alignments, the following road hierarchy is established with its respective right-of-way reservations (previsiones viales):

a. Neighborhood Road (Camino Vecinal). These provide direct access to farms and other economically rural activities; they link hamlets and towns with roads of the National Road Network and are characterized by having low traffic volumes and high proportions of short-distance local trips.

They shall have a total right-of-way reservation (previsión vial) of 14 m.

b. Primary Local Road (Vía Local Primaria): These form part of a continuous road network, serving to channel local roads towards different sectors of the city or interconnecting the districts of the canton, linking hamlets and towns with the National Road Network. They present higher traffic volumes than neighborhood roads, including the availability of public transportation. They shall have a total right-of-way reservation (previsión vial) of 14 m.

c. Primary Local Industrial Road (Vía Local Primaria Industrial): Shares the definition of primary local road established in sub-section "b" above with the particularity that it provides access to industrial zones. They shall have a total right-of-way reservation (previsión vial) of 17 m.

d. Primary Local Boulevard Road (Vía Local Primaria Boulevard): Shares the definition of primary local road established in sub-section "b" above with the particularity that it is located only in the Llanos de Santa Lucía district. They shall have a right-of-way reservation (previsión vial) of 20 m.

e. Secondary Local Road (Vía Local Secundaria): These correspond to the collector roads of local urban roads that channel traffic towards primary roads or interconnect two or more primary roads. They shall have a right-of-way reservation (previsión vial) of 11 m.

f. Tertiary Local Road (Vía Local Terciaria): Public roads that provide access to very few users, including roads of limited continuity or dead ends, whose total length does not exceed 135m, or those that serve 100 or fewer housing units or lots. They shall have a total right-of-way reservation (previsión vial) of 9 m.

g. Urban Local Road (Vía Local Urbana): These constitute public roads included within the grid of the district head towns, not classified as urban crossings of the national road network. For the purposes of right-of-way reservation (previsión vial) in this type of road, the existing right-of-way shall serve as such. All those roads that are part of existing urbanizations built with the due municipal permits and those from other competent institutions are also considered urban local roads. These shall be classified in accordance with what is indicated in sub-sections c, d, e, and f of this article, taking into account for such purposes the respective general cadastral plan of each urbanization.

h. Bike Path (Ciclovía): Road or section of the roadway destined exclusively for the transit of bicycles, non-motorized tricycles, and pedestrians (the latter only when there are no sidewalks), which may be of the "marked" type or "segregated" type as provided by the Law of Cyclist Mobility and Safety No. 9660 and its amendments or regulation that replaces it.

The design and construction of bike paths shall be governed by the provisions of this Regulation.

i. Proposed Road (Vía propuesta): Corresponds to road layouts planned for the circulation of vehicles, pedestrians, cyclists, or a combination thereof, necessary to adequately integrate urban growth with mobility and the transport of people and products. These proposed roads may be declared public roads by the Municipality of Paraíso, in accordance with the provisions of Article 10 of this Regulation. Furthermore, in all cases of new urbanizations, subdivisions for urban development purposes, and condominiums, the subdivider or urbanizer shall be obliged to transfer the corresponding right-of-way for proposed roads in accordance with what is indicated in Article 21 of this Regulation. The proposed roads for the canton of Paraíso are shown on the Official Map (Mapa Oficial) accompanying this Regulation and are described below:

*Note: The indicated lengths correspond to approximate layouts that must be established precisely with the respective technical studies by the Municipality of Paraíso.

The design and construction conditions in public areas shall comply with the following standards:

a. The design, construction, and operation of buildings or public infrastructure in general shall comply with the standards of the Equal Opportunities for Persons with Disabilities Law, No. 7600 and its amendments or regulation that replaces it, as well as what is indicated by its Regulation, Executive Decree No. 26831 and its amendments or regulation that replaces it.

b. For the design, construction, and maintenance of cantonal public roads, the Technical Standard for the Development and Conservation of the Cantonal Road Network, Executive Decree No. 40139-MOPT and its amendments or regulation that replaces it, must be adhered to.

c. For matters related to the transport of hazardous materials by land, the provisions of the Regulation for the Land Transport of Hazardous Products, Executive Decree No. 24715-MOPT-MEIC-S and its amendments or regulation that replaces it, shall be respected.

It is the obligation of the property owner to fence vacant lots and install and maintain in good condition the canoes and downspouts of the property that border a public road. For its part, the construction of sidewalks and their maintenance shall be governed by the regulations that the Municipality of Paraíso promulgates for these purposes in accordance with Law No. 9976 of Pedestrian Mobility and its amendments or regulation that replaces it. However, in the absence of these, the following minimum dimensions must be respected according to the type of road:

a. Neighborhood road: must have 1.5 m wide sidewalks located on each side, and the remainder shall be destined for the roadway or running surface, green zones, and curb and gutter.

b. Primary local: in non-industrial zones, the sidewalks must be 1.5 m wide, located on each side, and the remainder shall be destined for the roadway or running surface, green zones, and curb and gutter. In Industrial Zones, they must be 2 m wide plus a 1 m green strip on each side, and the remainder shall be destined for the roadway or running surface and curb and gutter.

c. Secondary local: 1.5 m wide sidewalk on each side, and the remainder shall be destined for the roadway or running surface, green zones, and curb and gutter.

d. Urban local: 1.2 m wide sidewalk on each side, and the remainder shall be destined for the roadway or running surface, green zones, and curb and gutter.

e. Tertiary local: 1.5 m wide sidewalk on each side, and the remainder shall be destined for the roadway or running surface, green zones, and curb and gutter.

Unless otherwise specified, for all purposes of green zone and curb and gutter widths, the provisions of the fourth section of Chapter IV "Urbanizations" of the INVU Subdivision and Urbanization Regulations and its amendments or regulation that replaces it shall be contemplated.

For all purposes of installing security booths and access devices anywhere in the canton, the provisions of Law No. 8892, "Regulation of surveillance mechanisms for access to residential neighborhoods in order to guarantee the fundamental right to freedom of transit", its amendments, or regulation that replaces it, must be observed.

The Municipality of Paraíso may authorize, through the Municipal Road Management Technical Unit (Unidad Técnica de Gestión Vial Municipal, UTGVM), the installation of safety posts on sidewalks to protect properties from possible vehicle collisions, for which the following criteria shall apply:

a. The only permitted safety elements to be installed shall be posts, of square or circular section.

b. Their diameter or side width shall not exceed twelve centimeters (12cm), and their height from the sidewalk shall not be less than ninety centimeters (0.90m) nor greater than one meter twenty centimeters (1.20m).

c. They shall be installed with a minimum separation of one meter twenty centimeters (1.20m) between them.

d. Their materials may be steel, concrete, or similar. On corners, the minimum space for free passage on the sidewalk shall not be less than one meter fifty centimeters (1.50m), and the distance from the posts to the curb and gutter shall be ten centimeters (10cm).

e. All installation and maintenance costs shall be borne by the applicant. The use of chains or other enclosures between the posts shall not be permitted.

To plant trees or install any type of urban furniture (benches, telephone booths, bus stop shelters, lighting poles, handrails, telecommunications infrastructure, and protective barriers) in public spaces, the following guidelines shall be taken into account:

a. The design of the urban furniture and/or the species desired for urban tree planting must be approved by the Municipality of Paraíso through the UTGVM or the department designated in its place according to the regulations it promulgates for this purpose. Alternatively, in the absence of such, the Guide for the Design and Construction of Public Space from the Federated College of Engineers and Architects of Costa Rica may be used, specifically the criteria for the selection of trees according to their location for urban tree planting, while for the case of urban furniture, the arrangement criteria for urban furniture and their respective technical sheets may be applied.

b. A free distance of ten meters (10m) must be respected in both directions from the corner.

c. The free passage between the property line and the element to be installed cannot be less than one meter twenty centimeters (1.20m).⁴ Therefore, the alignment of the furniture or tree planting must always be concentrated on the same side of the sidewalk, especially on the green zone or its equivalent fifty centimeters (0.50m) from the curb and gutter, leaving the width of the sidewalk free of obstacles and continuous, or a width of no less than one meter twenty centimeters (1.20m).

4 Equivalent of the minimum optimal sidewalk width according to the Equal Opportunities for Persons with Disabilities Law (Law No. 7600).

To place structures of any type, deposit construction materials and debris, or make installations of a provisional nature on public roads under municipal administration, it is mandatory to obtain authorization from the Municipality. For authorizations on national roads, said approval must previously have the approval of the General Directorate of Traffic Engineering of the MOPT. If these provisions are not complied with, the Municipality shall proceed with the closure of the construction and the removal of the obstacle, charging the costs generated to the owner's account.

The construction of cycling infrastructure must in all cases be carried out respecting the provisions of the Cycling Mobility and Safety Law No. 9660 and its amendments or any regulations that replace it. In particular, interventions authorized by the MOPT and the Municipality of Paraíso may be developed, according to their competencies in the administration of public roads, supported or contemplated in an Active Mobility Plan developed for these purposes, as well as in the determination of the technical studies necessary to determine the feasibility and type of infrastructure required, also respecting for the design and construction of segregated, demarcated, or independent bike lanes, or bicycle parking areas, the basic standards of this Regulation and those established in Executive Decree No. 42111-MOPT-H-MEP, Regulation of the Cycling Mobility and Safety Law and its amendments or any regulations that replace it.

URBANIZATIONS, AND CONDOMINIUMS

In the case of subdivisions (fraccionamientos) for urban development purposes or urbanizations, the subdivider or developer shall bear the costs of dedicating the spaces intended for public roads, as well as the widenings or improvements required by existing public roads, according to the road alignment issued by the Municipality for public roads of the cantonal road network or by the MOPT for public roads of the national road network. In the case of condominiums, the subdivider or developer shall be obligated to dedicate the respective road widenings, as well as the rights-of-way for the proposed roads as provided in this Regulation, as well as in the Official Map of the canton of Paraíso.

For all purposes of designing roads and public spaces in subdivisions, urbanizations, and condominiums, the standards of the Regulations of the Paraíso Regulatory Plan shall apply, and supplementarily, the current regional or national standards, particularly the INVU Regulation of subdivisions and urbanizations, as well as those established by the Costa Rican Institute of Aqueducts and Sewers regarding networks and services, and those promulgated by other relevant institutions.

Any sign or protruding object placed on streets, sidewalks, or public spaces must be at a minimum height of two meters and fifty centimeters (2.50 m), except in the case of security posts, public telephones, and telephone distribution cabinets, which must be located in green strips in such a way that they do not obstruct the passage of people and vehicles without extending beyond said strip, unless a specific regulation establishes other criteria.

The placement of waste on sidewalks or public road spaces in general, including waste from construction processes, is not permitted.

Road signage, both vertical and horizontal, for streets and avenues, including all indications such as stop signs, directional arrows, speed limits, and others, shall be at the expense of the developer.

Said signage must be completed prior to the delivery of the urbanization to the Municipality in accordance with the provisions of the Regulation of Subdivisions and Urbanizations of the canton of Paraíso. The demarcation, height, and location of these signs shall be as indicated by the Road Signage Department of the MOPT and the Municipality.

In urbanizations and condominiums that contemplate the construction of more than fifty (50) lots and that front primary streets, a parking area for public transport vehicles shall be provided, also foreseeing the eventual construction of covered waiting shelters.

For the above, the right-of-way must be widened by no less than two meters and fifty centimeters (2.50 m), and for a length of fourteen meters (14 m).

The Municipality may grant revocable temporary permits, on the roads, parks, plazas, and other public areas under its administration, including those dedicated in accordance with Chapter III, Section III of the Regulation of Subdivisions and Urbanizations of this Regulatory Plan, all by agreement of the Municipal Council based on a technical opinion from the Urban Development Department or the UTGVM, as appropriate, to use them for specific purposes, including private ones, open-air commercial activity, and urban furniture. The foregoing provided that free transit is not obstructed or the safety of citizens or the appearance of the city is deteriorated. The decision for this type of use may also be based on, but not limited to, the execution of cultural programs, urban renewal, improvement of urban equipment, and/or occasionally the execution of works necessary for the safety and appearance of the city, following a technical opinion from the Urban Development Department or the department that replaces it, which may request from the interested party, for these purposes, the necessary designs, plans, or details of the works or activities motivating the request for occupation of public space.

In addition to the above, in accordance with the Open-Air Commerce Law, Law No. 10126 and its amendments or any regulations that replace it, the Municipality may authorize those licensees or permit holders located in commercial establishments on private property to use public spaces such as sidewalks, parks, plazas, public roads, streets, and other public places, for the exercise of open-air commerce, provided that the right of free transit, pedestrian access and mobility, compliance with Law 7600, Equal Opportunities for Persons with Disabilities Act, Law 9078, Law on Transit on Public Land Roads and Road Safety, are not contravened, and that visual and noise pollution in the environment where the commercial activity takes place is adequately controlled. The authorization for the development of open-air commerce shall only allow the placement of tables, chairs, and other light furniture supporting the activity, which must be removed daily at the end of the commercial activity.

With the exception of what is indicated for the use of parking on public roads, and without prejudice to the requirement for the interested party to have a commercial license (patente) from the municipality when the activity warrants it, any authorization for the use of public space shall entail the payment of a respective fee for its occupation in favor of the Municipality, which shall be calculated as follows:

a. Occupation of public space for the installation and operation of telecommunications infrastructure. The location, installation, and operation of telecommunications infrastructure in public space shall be subject to payment of the fee established by the Dirección General de Tributación Directa, calculated using the methodology called "Procedimiento para la fijación del canon del arrendamiento por la construcción y operación de redes públicas de telecomunicaciones y del canon por el uso de bienes de dominio público para la instalación de la infraestructura de telecomunicaciones" and its amendments or any regulations that replace it.

b. Other activities. Any activity, work, or project not related to telecommunications networks that requires its installation and operation in public space, including non-ambulatory open-air commercial activity, shall be subject to the payment of a fee whose rate, calculation method, and form of payment shall be defined by the Municipality of Paraíso through the respective regulations for such purposes within a period of two years from the entry into force of this regulation. Failure to make the respective payment will allow the municipality to revoke the temporary occupation permit for public space, applying the corresponding measures for the eviction of the respective public area.

These are the parking spaces located on public roads, which may be used free of charge or subject to a payment for such use. These parking spaces may be established on public roads of the cantonal road network, in all those sections that have a right-of-way of no less than 11 m, located in the commerce and services zone (ZCS), mixed residential-commercial zone (ZMR), mixed residential-tourist zone (ZMRT), and zone of historical-architectural interest (ZIHA) where the municipality, through the department designated for these purposes, establishes the justified necessity and convenience based on technical studies for their demarcation.

In accordance with the powers granted by the Law on the Installation of Parking Meters (Parquímetros) No. 3580 and its amendments or any regulations that replace it, regarding the authorization for Municipalities to charge for parking on public roads, the Municipality shall designate and control the areas in public spaces to serve as regulated paid parking. Their location shall be in accordance with the guidelines established for the operation of roads and traffic in the canton, under the guidelines of the Dirección General de Ingeniería de Tránsito and the Dirección de Policía de Tránsito of the MOPT, with whom close coordination shall be maintained, and in accordance with the following rules:

a. Signage and dimensions: Each parking zone must be demarcated and numbered; its minimum length shall be five meters and fifty centimeters (5.5 m) and its width two meters sixty centimeters (2 m).

b. Control and collection: Control (surveillance and security) and collection shall be carried out through parking meters, tickets, receipts, or another mechanism with different technology. Zones may be leased under fixed rates, whether daily, monthly, or annually.

c. Hours: For the application of this regulation, hours from eight in the morning to 6 in the afternoon are authorized. Sundays and legal holidays are exempt from this regulation.

d. Rates: The rate for the parking service shall be established by the Municipality and shall be updated every year, according to the variation in the inflation rate. The procedure for collection shall be carried out in accordance with the following rules: i) The occupation of official parking zones must be paid in advance, according to the time of stay in the same, through the collection mechanism existing at that time. ii) The Municipality may establish parking time limits in the zones it deems pertinent and must make this known to users through visibly placed notices. iii) When a driver removes their vehicle before the paid time expires, they fully waive the remaining time and may not make any claim.

e. Penalties and procedures: When a vehicle parks without making the corresponding payment, remains parked after the time for which it paid has expired, or parks in an unauthorized zone, the owner shall incur an infraction and the fine shall be ten (10) times the value of the hourly rate. Said fine may be paid within the following forty-eight (48) hours at the Municipality's Service Platform or at the authorized centers or mechanisms for these purposes. If payment is not made within said period, the fine shall be imposed by the Municipality and shall have a surcharge of two percent (2%) per month, which may not, under any circumstances, exceed twenty-four percent (24%) of the amount owed. The fine or the accumulation of fines not paid during a period of one year or more shall constitute a lien on the vehicle with which the infraction was committed, which shall also be liable for the expenses demanded by any eventual judicial collection action. The total payment of these fines shall be an indispensable requirement for renewing circulation rights each year, to which the infraction receipts shall be attached.

f. Collection under the Parking Meter Law: The proceeds collected from taxes authorized by the Parking Meter Law shall be invested in everything inherent to the canton's transit and road system.

When urban areas require spaces for loading and unloading goods due to commercial activities, the spaces designated on public roads shall be those that do not hinder transit in the area. These spaces may only be used for loading and unloading tasks during the hours set by the Municipality, based on a study for this purpose. Outside these hours, said spaces may be used as public parking spaces if so permitted. For the control of private loading and unloading parking, the provisions of the Construction Regulation of the Regulatory Plan of the Municipality of Paraíso must be observed.

For the establishment of particular conditions, a distinction is made between "Exchange Stations," "Terminals," and "Transport Logistics Zones."

The Municipality, the MOPT, and/or INCOFER, as appropriate, in inter-institutional coordination and according to their competencies, may define those areas of public or private domain that meet the necessary technical criteria to be designated for the public transport use (uso dotacional del transporte público) within the canton of Paraíso. However, sites with storage functions for collective transport vehicles or "Bus Depots" with fuel storage for self-consumption by the transport units must not be located in residential zones and must maintain setbacks of 100 meters from sites for the storage and manufacturing of explosive and flammable substances, as well as 30 meters from high-tension power lines (overhead or underground), railways, and pipelines transporting petroleum derivatives, while those without fuel storage for self-consumption shall only respect construction setbacks and not be located in residential zones. The areas designated for public transport use must also conform, in addition to what is stated in this regulation, to the provisions of the Zoning Regulation of the Paraíso Regulatory Plan.

On lands that are eventually classified as public transport use, facilities of the three classes indicated in Article 55 of this Regulation may be built.

In addition to the uses expressly indicated in the particular conditions of each class, the public transport use for public roads, the public transport use for service infrastructure, and the garage-parking use may be permitted, except in the specific cases of bus depots indicated in Article 56 of this Regulation.

The conditions indicated shall apply to lands designated for this purpose by national or municipal sectoral planning.

Projects shall include transport and traffic studies analyzing the impact of the operation of the exchange station and/or terminal on the transport system. Additionally, they must respect the maximum building coverage and height limits defined for the zone where the project is located, as established by the Zoning Regulation of the Regulatory Plan of the canton of Paraíso.

The studies must include, at a minimum:

a. Characterization of the routes that would use the terminal.

b. Frequency of the routes.

c. Typical peak hours during a week.

d. Average stop time.

e. Passenger demand per route.

f. Future scenarios contemplating an increase in the number of passengers, changes in frequency, and new routes.

Exchange Stations must have the following minimum facilities, always providing for their future expansion possibilities:

a. Area for parking and maneuvering of transport units, according to the expected service volume.

b. Platform or sidewalk areas for boarding, according to the estimated number of passengers.

c. Waiting area for passengers, with the location of information services, sanitary services, benches, ticket sales, telephones, etc., according to the type of Station.

d. Storage space for transport units (garages), if necessary, as the storage of units on adjacent public roads shall be prohibited.

The purpose of public transport terminals is to decongest the urban core of the canton of Paraíso and its immediate surroundings from the presence of buses and taxis, thereby prioritizing pedestrian transit and the commercial and communal/institutional services provided in the urban quadrant, in a healthier and safer environment for pedestrians.

Terminals must have the following minimum facilities, providing for their future expansion to achieve the multi-functionality of their installations:

a. Area for parking and maneuvering of public transport units, according to the expected service volume. Parking on streets adjacent to the terminal shall be prohibited.

b. Area for taxi arrival and departure.

c. Platform or sidewalk areas for boarding, according to the estimated number of passengers.

d. Waiting area for passengers, with the location of minimum services (information, sanitary services, benches, ticket sales, telephones, and similar) according to the type of terminal.

e. Area designated for commerce.

f. Area for authorities and user security.

g. Road diagram.

For the development of lands classified for transport logistics, a detailed preliminary project may be formulated beforehand, which shall be submitted to the Urban Development Department of the Municipality of Paraíso for its assessment; however, the construction of the infrastructure must have the respective construction license in accordance with the provisions of the Construction Regulation of the Paraíso Regulatory Plan. The conditions mentioned in this article shall be applied in those areas of the canton where the competent institutions determine the location of future projects. As long as the corresponding project for this sectoral area is not developed, only the necessary technical repair or adaptation works in existing installations and buildings shall be authorized.

For the design of the logistics zone, a space reserve for internal roads of up to thirty-five percent (35%) of the total surface area must be maintained. Detailed projects shall include transport and traffic studies analyzing the impact on the transport system.

The Municipality shall be responsible for guaranteeing the creation of spaces and parking for bicycles, in addition to supervising the adaptation processes of roads where their construction is proposed.

All roads on which a bike lane is proposed must be demarcated, indicating the surface of the path to permit the safe transit of cyclists. The path must be easily identifiable by cyclists, pedestrians, and drivers.

The design of bike lanes and parking zones must consider a standard bicycle dimension of 1.90 m long, 0.60 m wide, and 1.10 m high. The width of the paths shall be a minimum of 1.40 m for one-way lanes and 2.20 m for two-way lanes. However, whenever the right-of-way permits, a width of 1.60 m for a one-way lane and 2.60 m for a two-way lane or bike lane should be aimed for.

The sign panel must have a minimum height of 1.20 m above the road surface level, and the total height of the sign must not be less than 2.50 m (including the panel), in such a way as to permit easy reading and visibility by cyclists, pedestrians, and drivers.

The Municipality may define, based on an Active Mobility Plan or Road Reorganization Plan, the recreational areas where at least one bicycle parking point or bicycle parking area is required, which must have a capacity of at least 10 users. Likewise, it must ensure parking points along the route of the bike lanes that are built, where the safety of cyclists and bicycles is guaranteed.

URBAN RENEWAL REGULATION (December 2023) The Municipality of the canton of Paraíso, in exercise of the powers granted by the Political Constitution, the Construction Law No. 833 of November 2, 1949, the Municipal Code, Law No. 7794 of April 27, 1998, and the Urban Planning Law No. 4240 of November 15, 1968, and its amendments, as well as what is required in the Manual of Technical Instruments for the Environmental Impact Assessment Process (Manual EIA) - Part III, Executive Decree No. 32967, promulgates the following Urban Renewal Regulation, which forms an integral part of the Regulatory Plan of the canton of Paraíso.

Content CHAPTER I: GENERAL PROVISIONS ........................................................................................... 3

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Delimitation. .................................................................................................... 6

Intervention. .................................................................................................... 7

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The territory over which this Regulation applies corresponds to the territory of the canton of Paraíso subject to territorial planning as provided by the Regulatory Plan, the districts of Paraíso, Santiago, Cachí, Llanos de Santa Lucía, and Birrisito in their entirety, and the district of Orosi, according to the respective Zoning Map.

Furthermore, in accordance with the Urban Planning Law No. 4240 and its amendments, this Urban Renewal Regulation contains the regulations locally adopted in the canton of Paraíso to conserve, rehabilitate, regenerate, or remodel defective, deteriorated, or decaying urban areas, with regional or national laws and regulations related to its subject matter applying supplementarily.

a. IFAM: Instituto de Fomento y Asesoría Municipal.

b. INVU: Instituto Nacional de Vivienda y Urbanismo.

c. MIVAH: Ministerio de Vivienda y Asentamientos Humanos.

d. MOPT: Ministerio de Obras Públicas y Transportes.

e. UTGVM: Unidad Técnica de Gestión Vial Municipal.

a. Urban areas: Territorial scope of development of a population center. Includes the urban quadrants delimited in accordance with the Zoning Regulation of the Paraíso Regulatory Plan.

b. Conservation: Actions aimed at the protection of a building or urban complex, but especially of the historical-architectural or cultural heritage in accordance with the Historical-Architectural Heritage Law of Costa Rica No. 7555, as well as natural resources, to ensure their preservation.

c. Urban quadrant: This is the urban area or territorial scope of development of a population center, where the majority of goods and services, the road structure, and its immediate area of influence are found; the urban quadrants are located within the urban districts and are duly delimited in the Zoning Map and Regulation of the canton of Paraíso.

d. Density: Relationship between the number of inhabitants allowed per hectare or its equivalent in number of dwellings as a unit of measurement.

e. Densification: Process aimed at increasing the existing density in a sector of the city in order to take advantage of the strategic characteristics of the areas identified in Urban Renewal Projects.

f. Urban design: Discipline oriented towards the construction and interpretation of the city, regarding the relationship of the built space with free or public spaces, based on physical, social, aesthetic, and functional criteria, seeking to satisfy the needs of society, within the consideration of the collective benefit in an existing or future urban area; with the purpose of providing its inhabitants with greater satisfaction due to the quality of the inhabited space, where the design, construction, and administration of public space demands consultation and negotiation among a variety of sectors and social actors.

g. Urban facilities: All the elements the city requires to function efficiently.

h. Urban Renewal Program: Set of projects determined to address the deficiencies of an urban renewal zone.

i. Urban Renewal Project: Set of activities, works, and other associated operations, carried out in accordance with the guidelines and criteria for urban design established by the municipality. An Urban Renewal Project can be generated by public, private, or mixed initiative, provided the procedure outlined in this Regulation is followed.

j. Land readjustment: Land management instrument consisting of the voluntary grouping of properties by one or several owners, with the objective of redefining their cadastral and registry boundaries to others of greater and better technical and functional convenience, allowing for a better provision of infrastructure and public space, in order to improve the urban fabric. Each owner shall contribute part or all of their real estate to merge it with the adjoining properties.

k. Remodeling: Modification of an urban complex for its reuse. This type of intervention may include construction parameters, road systems, readjustment of basic services, rectification of property measurements, provision of open areas for recreational purposes, spaces for urban facilities and services, or any combination of the previously mentioned elements. If changes in land use are required, the Urban Planning Law must be complied with.

l. Urban renewal: Process that seeks to provide deteriorated spaces in cities with optimal conditions for the quality of life of their inhabitants, environmental conservation, and an increase in territorial competitiveness. It is aimed at eradicating uninhabitable structures, slum areas, rehabilitating urban areas in decay or defective condition, conserving urban areas, and preventing their deterioration, in accordance with Article 1 of the Urban Planning Law (Ley de Planificación Urbana). The foregoing may include park areas, architectural or intangible heritage, community facilities, urban equipment and infrastructure, housing, forest cover, or interurban biological corridors.

m. Dwelling (Vivienda): Any premises or enclosure, fixed or mobile, built, converted, or arranged, that is used for the purpose of housing people, whether permanently or temporarily.

n. Urban renewal zones (Zonas de renovación urbana): A set of defective, deteriorated, or decaying urban sectors considering their inconvenient plot layout (parcelación), building condition, lack of services and community facilities, or any other condition adverse to the safety, health, and general well-being of the population, subject to urban renewal in accordance with the provisions of Articles No.51 and No.52 of the Urban Planning Law and its amendments. For the purposes of applying this Regulation, the urban renewal zones correspond to those delimited on the zoning map of the Regulatory Plan (Plan Regulador) of Paraíso.

Any urban renewal initiative may represent an intervention or action classified according to the following types:

a. Remodeling (Remodelación).

b. Conservation (Conservación).

In accordance with the provisions of the Zoning Regulation of the Regulatory Plan of Paraíso, the Municipality will prioritize its programs and projects in these zones, such as general public lighting and specific lighting for urban landmarks, uniformity of elements on public space, reconstruction and expansion of sidewalks, installation and maintenance of urban furniture, and tree planting, among others; in accordance with the different types of intervention cited above.

The following shall be considered causes for urban renewal:

a. Inefficient, non-existent, or insufficient infrastructure and public services: Insufficiency or lack of infrastructure for systems for providing potable water, sanitary sewerage, stormwater drainage, waste collection and disposal, urban mobility infrastructure such as sidewalks, ramps for people with reduced mobility that fail to comply with the Equal Opportunities for Persons with Disabilities Law (Ley de Igualdad de Oportunidades para las Personas con Discapacidad), Law No.7600, and its Regulation, Executive Decree (Decreto Ejecutivo) No.26831 and its amendments or the regulations that supersede it, as well as fragmentation of public space, affecting the connectivity and capacity of the road system, or any other element that causes adverse conditions for the safety, health, and well-being of the inhabitants.

b. Presence of historical-architectural or cultural heritage: Sectors that, due to their typology of urban infrastructure, dwellings, or buildings, can promote cultural, commercial, and tourist activities, optimizing the use of the area to be intervened based on existing needs. As well as the provisions of the Historical-Architectural Heritage Law of Costa Rica (Ley de Patrimonio Histórico-Arquitectónico de Costa Rica) and its Regulation, Executive Decree No.32749 and its amendments or the regulations that supersede it.

Delimitation.

Those delimited within the urban quadrant of the districts of Paraíso and Orosi as Zones of Historical-Architectural Interest (ZIHA-RU) are established as urban renewal zones.

In accordance with Article No.52 of the Urban Planning Law No.4240 and its amendments, these zones are delimited and contemplated in the Zoning Map and Regulation of the Regulatory Plan of Paraíso.

Intervention.

In accordance with the provisions of this Regulation, remodeling and conservation interventions are established for the Zones of Historical-Architectural Interest as detailed below.

The Municipality of Paraíso may appoint a commission called the Urban Renewal Commission (Comisión de Renovación Urbana), which will be responsible for analyzing the urban renewal programs proposed in the canton and generally for monitoring all urban renewal interventions, or it may delegate these functions to the Regulatory Plan Monitoring Commission (Comisión de Seguimiento del Plan Regulador), constituted in accordance with the Zoning Regulation, or to the administrative unit responsible for urban control and oversight.

In the event that the Municipality appoints an Urban Renewal Commission or delegates these functions to the Regulatory Plan Monitoring Commission, it will have, as appropriate, the technical support of the Urban Development Department (Departamento de Desarrollo Urbano) or the unit that supersedes it, which must be formalized by agreement of the Municipal Council, an entity that will also establish the form of integration and appointment of the members of the Urban Renewal Commission.

All urban renewal programs approved under the terms of this Regulation must take into account, for their design, the guidelines and specific purposes determined by the Municipality in conjunction with the involved actors. However, the following aspects must be considered at a minimum:

a. Physical-spatial: in all cases, the pedestrianization of space, universal accessibility, the use of alternative energies, the prioritization of public transportation over private transportation, and densification through the repopulation of urban centers must be prioritized.

b. Social: sociocultural characterization of the population to be benefited.

c. Economic: the valuation of the properties shall be contemplated, as well as the procedures and criteria that allow prioritizing the urban renewal projects to be executed.

d. Environmental: the environmental guidelines of the Sustainable Development Regulation of the canton of Paraíso must be respected according to the zone and other environmental regulations in force on the matter.

The Municipality will promote the participation of all involved parties, civil society, the private sector, and Local Government for the definition of programmatic standards, through mechanisms, procedures, and strategies that guarantee timely knowledge and active cooperation of the interested parties. For such purposes, a communication and participation proposal must be included in the urban renewal programs, including aspects such as information management, convening, represented sectors, scope of intervention for each sector, methodology, schedule, among others.

For the urban renewal zones identified in the canton of Paraíso, the Municipality or other interested parties in the case of a private initiative must develop an Urban Renewal Program (Programa de Renovación Urbana), for each one or in general for all those identified, with the purpose of establishing the works or projects to be carried out. In accordance with Article 52 of the Urban Planning Law, its amendments, or the regulations that supersede it, the Urban Renewal Program must implement the actions, works, and projects within a maximum period of five years, counted from the approval of said program, to correct the deficiencies diagnosed for each one or in general for all the urban renewal zones identified according to the Zoning Map.

The Municipality of Paraíso may establish and participate in mixed-economy public corporations (sociedades públicas de economía mixta) for the specific management of urban renewal projects, in accordance with the Municipal Code (Código Municipal) and the Regulatory Law for the Activity of Mixed-Economy Public Corporations (Ley Reguladora de la Actividad de las Sociedades Públicas de Economía Mixta).

The objective of these corporations is to establish a joint management model between the public and private sectors for the execution of Urban Renewal Projects. Furthermore, it will facilitate the purchase of land for the construction of urban equipment, housing, green and recreational areas. The management model implemented through the corporation must follow the guidelines and parameters of this Regulation, especially ensuring the equitable distribution of burdens and benefits (reparto equitativo de cargas y beneficios) in urban operations.

In accordance with Article No.51 of the Urban Planning Law and its amendments or the regulations that supersede it, the following objectives are established:

a. Guarantee the functional coherence of the activities carried out in the urban renewal zones according to their own needs and the regulations in force.

b. Conserve, rehabilitate, recover, or renew urban areas through the repopulation, densification, or revaluation of properties.

c. Revitalize environmental, economic, and social activities.

d. Promote the use of existing plots and buildings to enable land for mixed uses and to rescue public and private space and natural resources.

Urban renewal programs may include different projects such as the pedestrianization of space, universal accessibility, protection of natural resources, rescue of the urban landscape and historical-architectural and cultural heritage, the use of alternative energies, the prioritization of public transportation, planned densification in urban centers, or other factors that promote urban renewal.

In accordance with Article 53 of the Urban Planning Law and its amendments or the regulations that supersede it, through an Urban Renewal Program, the remodeling power allows the Municipality to open and close streets, as well as to rectify their layout in an urban area. The Municipality will manage with the owners of the properties subject to remodeling, the corresponding lot redistribution, to arrange by agreement the manner of relocating them within the same zone, transferring them to another, and making compensations in cash or in kind.

In accordance with Article 53 of the Urban Planning Law, its amendments, or the regulations that supersede it, for the purpose of implementing urban renewal programs, the Municipality may enter into urban development agreements (convenios urbanísticos) with owners, users, usufructuaries, or possessors of any legal nature, that enable the execution of the program and in which the agreements between the Municipality, Public Institutions, the landowners, and the community involved in the program are established, which may also incorporate new investors, in addition to the original owners.

An equitable distribution of the burdens and benefits associated with the Urban Renewal Program will be sought, so that participants receive benefits proportional to the initial contribution made, for which the Basic Guide for the Implementation of Land Readjustment Processes with Distribution of Burdens and Benefits (Guía básica para la Implementación de Procesos de Reajuste de Terrenos con Reparto de Cargas y Beneficios) issued jointly by IFAM, INVU, MIVAH, and MOPT, its amendments, or the regulations that supersede it, will be applied.

The actor promoting the use of the land readjustment instrument, in the event that it originates from a private or public-private initiative, shall submit to the Municipality a "Specific Agreement for the Distribution of Burdens and Benefits (Convenio de Reparto de Cargas y Beneficios específico)" that will include, at a minimum, the following elements, their order being variable:

a. Delimitation of the gross area subject to the readjustment.

b. Identification of the existing plot configuration.

c. Identification of mandatory urban planning and environmental restrictions.

d. Definition of the dedications for the road network, public space, and urban equipment.

e. Delimitation of the net area subject to the readjustment.

f. Initial value of the land and definition of the respective contributions.

g. Definition of the urban planning standard, density, and land uses (usos del suelo).

h. Construction cost of the dedications, in case there are buildings.

i. Definition of the parties that must assume the costs previously identified and attributable to the distribution of burdens.

j. Urban Planning Incentives applicable in accordance with the Construction Regulation of the Regulatory Plan of Paraíso.

k. Distribution of benefits among the different participants in accordance with the provisions of this Regulation.

In accordance with the urban renewal zones established in this Regulation, each one shall be subject to an Urban Renewal Program that contains, at a minimum, the following:

a. Justification: Definition of the causes for urban renewal in accordance with this Regulation, the deficiencies to be corrected, and the benefit to be received.

b. Diagnosis: Consists of collecting, classifying, comparing, and evaluating the data of the variables and indicators that characterize the issues of both the geographic space to be intervened and its area of influence.

c. Actors: Definition of the public or private actors who associate to guarantee the proper development of the Urban Renewal Program, both at the economic and administrative levels. Said Urban Renewal Program may be proposed by municipal, public, private, or mixed initiative based on the respective agreement for the distribution of burdens and benefits.

d. Delimitation of the area to be intervened: Location of the geographic space in which the Urban Renewal Program will be developed, in its respective neighborhood and district.

e. Preliminary project (Anteproyecto): Preliminary design proposal that includes all the new elements to be incorporated into the program in accordance with the urban planning tools provided for in this Regulation, as well as the applicable urban planning regulations. It must also contain the restrictions for subdividing (fraccionar) or building in the area to be intervened, the cost estimation and determination of the financing sources, as well as an estimation of the execution time.

For the approval of the Urban Renewal Program, the following requirements must be met:

a. Every Program will be managed through the Urban Development Department or the unit that supersedes it, which will verify that the land use is compliant and will coordinate with the Urban Renewal Commission or the unit to which its responsibilities have been delegated, the assessment of compliance with the urban planning guidelines of the zone to be renewed. In cases involving the opening of public streets or changes to their layouts, the provisions of the Official Map Regulation of the Regulatory Plan of Paraíso for the declaration of new public roads must be observed, and the approval of the UTGVM or the unit that supersedes it must also be obtained if it concerns the Cantonal Road Network (Red Vial Cantonal), or from MOPT if it concerns the National Road Network (Red Vial Nacional).

b. Once the previous step is completed, the Program will be elevated to the Municipal Council following the formal channels for this purpose.

c. The Municipal Council will analyze the presented Program, based on the technical criteria indicated in the previous section and the recommendation of the Urban Renewal Commission or the unit that supersedes it, and may agree to its referral to INVU for approval or, failing that, its archiving.

d. Once the program has the approval of INVU, the Municipal Council of Paraíso will proceed with the approval, or failing that, the rejection, of the Program. Programs exclusively for urban forest cover are exempted from the endorsement of the Urbanism and Housing Directorate of INVU.

e. If the Program is approved, the responsible actors will proceed to generate the construction plans and technical specifications for the respective projects that make up the Urban Renewal Program.

f. Finally, the process of processing and approving the Urban Renewal project or projects will be governed by the provisions of Chapter IV of the Urban Renewal Regulation of INVU and its amendments or the regulations that supersede it.

CONSTRUCTION REGULATION (REGLAMENTO DE CONSTRUCCIONES) (December 2023) The Municipality of the canton of Paraíso, in exercise of the powers granted by the Political Constitution, the Construction Law (Ley de Construcciones) No.833 of November 2, 1949, the Municipal Code, Law No.7794 of April 27, 1998, and the Urban Planning Law No.4240 of November 15, 1968, and its amendments, as well as what is required in the Manual of Technical Instruments for the Environmental Impact Assessment Process (Manual EIA) - Part III, Executive Decree No.32967, issues and promulgates the following Construction Regulation, which forms an integral part of the Regulatory Plan of the canton of Paraíso.

Contents

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Stormwater drainage (Drenaje pluvial). ................................................................... 31

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Maximum densities. ..................................................................................... 41

Characteristics of the minimum lot. ..................................................................... 41

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Setbacks and light wells. .................................................................................... 44

Means of egress. ........................................................................................... 44

Materials. ............................................................................................. 45

Technical requirements for accessible ramps. .................................................. 45

Hallways. ................................................................................................ 45

Lighting and Ventilation. ............................................................................... 45

Human safety and fire protection. ................................................................ 46

Mixed-use buildings. .............................................................................. 46

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Swimming pools. ................................................................................................ 47

Sports facilities. ................................................................................ 47

Restroom buildings. ......................................................................................... 50

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Coverage, setbacks, heights. ............................................................................. 52

Minimum dimensions. .................................................................................... 52

Chimneys. ............................................................................................ 52

Boilers. ............................................................................................. 52

Noise pollution control for industry. ...................................... 53

Wastewater. ............................................................................................ 53

Human safety and fire protection. ................................................................ 53

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Location and size. ....................................................................................... 54

Classification. ................................................................................................... 54

Animal shelter. .................................................................................... 54

Exception. ............................................................................................. 54

Minimum distance. ............................................................................................. 55

Setbacks. ................................................................................................ 55

Aquaculture. ............................................................................................. 55

Greenhouses. .................................................................................................. 55

Drainage. ............................................................................................... 56

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Setbacks. ................................................................................................ 57

Clear height. ............................................................................................ 57

Connection to public road. ............................................................................ 57

Vestibules. .............................................................................................. 58

Ticket booths. .............................................................................................. 58

Seats and bleachers. ............................................................................................ 58

Galleries and Balconies. ........................................................................................ 59

Booths. ............................................................................................... 59

Circulation in sports facilities. ................................................................. 59

Infirmary in sports facilities. ...................................................... 59

Exceptions. .................................................................................................. 60

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Application. .............................................................................................. 60

Vestibule. .............................................................................................. 60

Bedrooms. .................................................................................................... 60

Dining room, living room, and kitchen. .................................................................... 60

Acoustic insulation. ...................................................................................... 61

Hallways. ................................................................................................ 61

Doors. ............................................................................................... 61

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Area Dimensions and Minimum Heights. ........................................................................ 62

Materials and Finishes. ................................................................................... 62

Ventilation and Temperature. ............................................................................. 63

Potable Water Catchment Tank. ........................................................... 63

Mortuary Rooms. ............................................................................................ 63

Operating and Recovery Rooms. ................................................................ 63

Acoustic Insulation. ...................................................................................... 63

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Sanitary Services. ......................................................................................... 66

Butcher Shops and Fish Markets. ............................................................................... 66

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Human Safety and Fire Protection. ................................... 67

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Trench Excavations (Excavaciones en zanjas). .................................................................................. 67

Trench Backfill (Relleno de zanjas). ........................................................................................... 68

Prohibitions. ................................................................................................. 69

Piping. ............................................................................. .............................. 69

Underground Structures for Power Grids. ........................................... 69

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Accesses. ............................................................................. .............................. 70

Exits. ............................................................................ ................................ 70

Platforms (Andenes). ............................................................................ ............................. 70

Waiting Room (Sala de espera). ................................................................................................. 70

Ticket Outlet and Administrative Services. ........................................... 71

Commercial Premises and Kiosks. ......................................................................... 71

Sanitary Services. .......................................................................................... 71

Mandatory Signage. .................................................................................. 72

Exemptions. .......................................................................... ............................ 72

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Sidewalks. ............................................................................................ ........................................... 84

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The territory over which this Construction Regulation applies corresponds to the territory of the canton of Paraíso subject to land-use planning, which includes the districts of Paraíso, Santiago, Cachí, Llanos de Santa Lucía, and Birrisito in their entirety, and the district of Orosi, according to the respective Zoning Map.

Without prejudice to the powers granted by law to other administrative bodies in these matters, this Regulation shall apply on public or private property to any work of demolition, excavation, intervention, expansion, modification, or repair of buildings or constructions of any kind, or to any structure, installation, or component thereof. Any person under private law in the canton of Paraíso who wishes to carry out one or more of the actions indicated in the preceding paragraph must comply with the requirements, procedure, and format set forth in this Regulation. Non-compliance with any provision hereof shall result in the Municipality ordering the demolition of what has been built, following due process, with the costs borne by the property owner.

Buildings owned by the Costa Rican State or privately owned buildings declared or in the process of being declared of historical-architectural interest, in the case of restoration, rehabilitation, repair, or general construction, are subject to the rules established by this Regulation and to the Law on Historical-Architectural Heritage of Costa Rica No. 7555, its regulations contained in Executive Decree No. 32749, and its amendments or any superseding regulation.

To establish norms and rules regarding construction at the local level, such as construction permits, municipal alignments for construction purposes, demolitions, excavations, among others, in order to achieve the safety, health, environmental protection, and good appearance of structures or buildings, without prejudice to the regulations set forth in the Construction Law No. 833 and its Construction Regulation.

This Construction Regulation for the canton of Paraíso, therefore, aims to provide citizens and/or construction professionals with minimum standards for the planning, design, and construction of buildings, streets, industrial facilities, sports facilities, and other works, ensuring public health and well-being within the local planning process. Furthermore, it seeks to maintain and conceptually emphasize the residential and commercial vocation of the Canton's urban areas, preserving and reinforcing ecological protection zones and the cultural spaces and constructions that give it particular characteristics. The foregoing aims to guarantee adequate solidity, stability, safety, health, lighting, and ventilation in buildings and other works.

a. ANSI: American National Standards Institute.

b. APC: Construction Project Administrator (Administrador de Proyectos de Construcción).

c. AyA: Costa Rican Institute of Aqueducts and Sewers (Instituto Costarricense de Acueductos y Alcantarillados).

d. CECR: Costa Rican Electrical Code (Código Eléctrico de Costa Rica).

e. CFIA: Federated College of Engineers and Architects (Colegio Federado de Ingenieros y de Arquitectos).

f. CIEMI: College of Electrical, Mechanical, and Industrial Engineers (Colegio de Ingenieros Electricistas, Mecánicos e Industriales).

g. CIHSE: Code of Hydraulic and Sanitary Installations in Buildings (Código de Instalaciones Hidráulicas y Sanitarias en Edificaciones).

h. CNFL: National Power and Light Company (Compañía Nacional de Fuerza y Luz).

i. DDU: Urban Development Department (Departamento de Desarrollo Urbano).

j. DGAC: General Directorate of Civil Aviation (Dirección General de Aviación Civil).

k. EIA: Environmental Impact Assessment (Evaluación de Impacto Ambiental).

l. EIC: International Electrotechnical Commission.

m. ESPH: Public Services Company of Heredia (Empresa de Servicios Públicos de Heredia).

n. ICAA: Costa Rican Institute of Aqueducts and Sewers.

o. ICE: Costa Rican Electricity Institute.

p. INCOFER: Costa Rican Railway Institute.

q. INS: National Insurance Institute.

r. INVU: National Institute of Housing and Urbanism.

s. ISO: International Organization for Standardization.

t. MCJ: Ministry of Culture and Youth.

u. MINAE: Ministry of Environment and Energy.

v. MINSA: Ministry of Health.

w. MOPT: Ministry of Public Works and Transport.

x. PTAR: Wastewater Treatment Plant (Planta de Tratamiento de Aguas Residuales).

y. RESET: Requirements for Sustainable Buildings in the Tropics (Requisitos para Edificaciones Sostenibles en el Trópico).

z. SENASA: National Animal Health Service.

aa. SUTEL: Superintendency of Telecommunications.

bb. TIA: Telecommunications Industry Association.

cc. UIT: International Telecommunication Union.

a. Exceptional access for residential use: That access which, by exception, enables the subdivision (fraccionamiento) of a property for residential use, in residential or mixed zones, which has restrictions regarding its length, width, and the number of lots it serves.

b. Aquaculture: Cultivation of aquatic organisms in both coastal and inland areas that involves interventions in the breeding process to increase production.

c. Shelter (Albergue): A building that provides support and refuge to people for various reasons.

d. Eaves (Alero): The lower part of the roof that projects out from the wall. A cantilevered element intended solely for protection.

e. Alignment (Alineamiento): The minimum physical distance or limit for the siting of a building with respect to public roads, waterways, streams, springs, lakes, lagoons, estuaries, water sources (nacientes), the maritime-terrestrial zone, railway lines, high-voltage power lines, and special zones; it is issued by the competent entity.

f. Maximum building height (Altura máxima de edificación): The vertical distance measured from the lowest level of the ground in contact with the building to the roof beam of the top floor. Basements and semi-basements are not considered as part of this calculation.

g. Expansion (Ampliación): Any work whose transformation increases the built area.

h. Front setback (Antejardín): The distance between the property line and the construction line of cadastral origin (the former) and official definition (the latter), granted by the MOPT or the Municipality; as applicable, it implies a restriction on construction, without the portion of land thereby losing its status as private property.

i. Antenna: A radiating system used for the transmission or reception of radioelectric signals or electromagnetic waves, which may be located on support infrastructure for telecommunications networks.

j. Studio apartment or open-plan apartment (Apartamento tipo estudio o de planta libre): That area intended for use as an apartment or residence that has the minimum number of interior divisions. Generally comprised of a large space where the bedroom, kitchen, dining room, and living room or study are located. The only things separated by walls are the sanitary service and the bathroom (as well as the utility room (cuarto de pilas) for those units that have one).

k. Approval (Aprobación): Any written and confirming resolution (physical or by electronic means) issued by the Municipality to authorize requests made by the owner of a property or interested party in a municipal license.

l. Drainage areas (Áreas de drenaje): The minimum surface area indicated in square meters that must be reserved to guarantee the infiltration into the soil of the effluent from the septic tank.

m. Roadway (Calzada): The part of the public road or right-of-way intended for vehicular traffic, bounded by curbs, ditches, or drainage trenches.

n. Activity camps (Campamentos de actividades): Temporary space dedicated to carrying out activities and lodging a group of people for the duration of said activities. They may be of the musical, scout guide, educational, summer, or other types.

o. Research center (Centro de investigación): Public, private, or mixed organizations dedicated to generating knowledge through scientific research projects.

p. Certificate of land use (Certificado de uso de suelo): A concrete legal act through which the local Administration certifies the conformity or non-conformity of the land use on a specific property or farm.

q. Maximum coverage (Cobertura máxima): The maximum horizontal projection of a structure or the area of land covered by such structure, as well as spaces paved or covered with any material that prevents the infiltration of rainwater into the ground, including parking lots, accesses, roads, swimming pools, tennis courts, and the like.

r. Outdoor visual communication (Comunicación visual exterior): Communication elements, known as outdoor advertising, that are located in public places or are visible from the public road. Included within this concept is advertising installed on all components of structures or supports, as well as urban furniture on which signs, advertisements, billboards, screens, monopoles, equipment, and any other similar element are installed, placed, or inserted.

s. Condominium (Condominio): A property capable of independent use by different owners, with common elements of an indivisible nature, whose different modalities are defined in the Regulating Law on Condominium Property, Law No. 7933, its Regulation, Executive Decree No. 32303-MIVAH-MEIC-TUR, its amendments, or any superseding regulation.

t. Construction (Construcción): Any structure that is fixed to or incorporated into a piece of land; includes any work of building, reconstruction, alteration, or expansion that implies permanence.

u. Utility room (Cuarto de pilas): A room or workspace within a dwelling intended for storing laundry accessories and cleaning items.

v. Right-of-way (Derecho de vía): An area or surface of land owned by the State, intended for the use of a public road, which includes the roadway, green zones, 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.

w. Stormwater runoff or discharge (Desfogue o Descarga de aguas pluviales): Drainage of stormwater from any building, urbanization, or condominium to a river, ravine, irrigation ditch, or existing urban system.

x. Clearing (Desmonte): The action and effect of cutting down a terrain or making cuts on its natural surface.

y. Building (Edificación): A construction intended for any activity, whether habitation, work, storage, or protection of goods, among others.

z. Stable (Establo): A covered place where animals, mainly livestock, are sheltered for their rest and feeding.

aa. Public parking facilities of a remunerative nature (Estacionamientos públicos de carácter remunerativo): Those places dedicated to providing services of guard and custody of motor vehicles, which are identified as public parking facilities, and where the remunerative character constitutes the essential aspect of the activity.

bb. Parking facilities (Estacionamientos): Those public or private places intended for keeping vehicles for a defined time.

cc. Environmental impact study (Estudio de impacto ambiental): A technical instrument of the EIA, the purpose of which is to analyze the proposed activity, work, or project with respect to the environmental condition of the geographic space in which it is proposed and, on this basis, to predict, identify, and assess the significant environmental impacts that certain actions may cause on that environment, in addition to defining the set of environmental measures that allow their prevention, correction, mitigation, or, failing that, compensation, in order to achieve the most harmonious and balanced integration possible between the proposed activity, work, or project and the environment in which it will be located.

dd. Environmental impact assessment (Evaluación de impacto ambiental, EIA): A scientific-technical administrative procedure that allows identifying and predicting what effects an activity, work, or project will have on the environment, quantifying and weighting them to guide decision-making.

ee. Facade (Fachada): The elevation or orthographic projection of a building. It can be frontal, lateral, or rear. In the case of internal courtyards, it can be interior.

ff. Farm (Granja): Any building, premises, or covered installation in which subsistence animals, stables, or breeding farms (zoocriaderos) are kept, whether for their reproduction, breeding, fattening, sale, milking, or care.

gg. Telecommunications Infrastructure (Infraestructura de Telecomunicaciones): Elements intended to support one or more active elements of the telecommunications network, such as antennas and other equipment that may include other associated elements such as land, equipment rooms or shelters, electrical supply, air conditioners, among others.

hh. Inspection (Inspección): The surveillance or attention that the responsible professional or group of professionals provides during the execution process of a work so that it is carried out in accordance with the best work standards, the construction plans, the technical specifications, and other documents that are part of the contract.

ii. Municipal inspector (Inspector municipal): The municipal professional in charge of the process of monitoring and attending to the execution of works so that they are carried out in accordance with what is indicated in the plans and as approved by the Municipality.

jj. Sports facility (Instalación deportiva): Any space, open or closed, provided with the necessary means for learning, practicing, and competing in one or more sports.

kk. Interested party (Interesado): The natural or legal person responsible for a request or procedure before the administration.

ll. Construction line (Línea de construcción): A line generally parallel to the front property line, which indicates the distance of the front setback of the building or required front setback (antejardín). It demarcates the building limit allowed within the property.

mm. Municipality (Municipalidad): A state legal entity with its own assets and personality, and full legal capacity to execute all types of acts and contracts necessary to fulfill its purposes. It is responsible for the administration of local services and interests, in order to promote the integral development of the cantons in harmony with national development. For the purposes of this Regulatory Plan, this corresponds to the Municipality of the canton of Paraíso.

nn. Minor work (Obra menor): Any work of repair, remodeling, or expansion whose cost does not exceed the equivalent of 10 base salaries, calculated as established in the Law Creating the Base Salary Concept for Special Crimes of the Penal Code, Law No. 7337, and its amendments or any superseding regulation, or any work so defined in the regulations issued for these purposes by the Municipality of Paraíso.

oo. Temporary work or construction (Obra o construcción provisional): Work that must be built or installed as a service means to aid in the construction of a permanent work.

pp. Public works (obra pública): Refers to any project or work executed by the State or contracted by the Administration, whose owner is the Costa Rican State.

qq. Temporary works (obra temporal): A structure or installation to house more than 50 people, designed to remain in place for a period between 3 and 180 consecutive days.

rr. Urban infrastructure works (obras de infraestructura urbana): Those that provide support for the development of activities and the functioning of cities, in such a way that they allow the use of urban land. This includes aspects such as roadways, electrical service, drinking water, gas, sanitary sewer network, telecommunications, stormwater sanitation, solid waste disposal, among others.

ss. Construction permit (permiso de construcción): Authorization granted prior to the start of works, as a guarantee of compliance with all technical and legal requirements. It concludes with the payment of the corresponding tax established by the Municipality, which is a mandatory requirement for it to take effect.

tt. Construction drawing (plano constructivo): Official document that describes the execution of a spatial architectural project through technical, graphic, and/or written means.

uu. Responsible professional (profesional responsable): Those professionals in engineering and architecture who are duly authorized and registered with the CFIA, and who hold the powers and responsibilities set forth in the Construction Law No. 833 (Ley de Construcciones N°833), the Organic Law of the Federated College of Engineers and Architects No. 3663 (Ley Orgánica del Colegio Federado de Ingenieros y Arquitectos N°3663) and its amendments or the regulations that replace it, as well as other regulations determined by the respective Professional College.

vv. Owner (propietario): Natural or legal person who exercises dominion over real estate through a public deed duly registered in the Property Registry.

ww. Project (proyecto): Work or study resulting from the set of services provided by professionals in Engineering and Architecture, which may encompass different phases, from conception to commissioning for client service, with a defined cost and timeframe.

xx. Repairs (reparaciones): Renewal and/or reconstruction of any part of a work, to leave it in conditions equal to or better than the original ones.

yy. Front setback (retiro frontal): Term equivalent to front garden (antejardín).

zz. Side setback (retiro lateral): Unbuildable open space located between the side boundary line and the nearest part of the physical structure.

aaa. Setbacks (retiros): Unbuilt open spaces located between a structure and the boundary lines of the respective property.

bbb. Basic sign (rótulo básico): Any element specially made and designed to contain an advertisement for a product or activity that is provided or produced.

ccc. Urban furniture sign for information (MUPI) (rótulo tipo mobiliario urbano para la información (MUPI)): Element that uses urban furniture intended to serve as a support for posters with informational or advertising purposes.

ddd. Advertising wall sign (rótulo tipo tapia publicitaria): Those consisting of one or several panels with advertising that function as an enclosure for a construction lot or vacant lot. They are also known as publitapias.

eee. Billboard type sign (rótulo tipo valla): Any structure built or designed for exterior advertising located on sites adjacent to streets, highways, and/or roads, visible from the public thoroughfare, which advertises products or services that are not necessarily bought or sold at the site where they are advertised.

fff. Application (solicitud): Written form from the interested party (physical or by electronic means) to carry out an urban development or construction procedure, in which the necessary information about the owner and the property is recorded for its resolution, registration, and control.

ggg. Urbanization (urbanización): The subdivision (fraccionamiento) and development of land for urban purposes, through the opening of streets and provision of services.

hhh. Land use (uso del suelo): Utilization of a piece of land, the physical structure settled on or incorporated into it, or both, in terms of class, form, or intensity of its use, with respect to the Zoning of the Regulatory Plan.

iii. Heavy cargo vehicle (vehículo de carga pesada): Motor vehicle designed and used for the transport of cargo, whose maximum authorized weight is at least 8000 kg.

jjj. Public thoroughfare (vía pública): All land in the public domain and for common use, inalienable and imprescriptible, which by order of the administrative authority is destined for free transit in accordance with planning laws and regulations; it includes sidewalks, curbs, gutters, roadways, green strips, as well as any land that in fact is already destined for that public use. In addition, they are destined for the installation of any pipelines, devices, apparatus, or accessories belonging to a public work or destined for a public service. In accordance with the Public Roads Law, they are classified into the national road network and the cantonal road network.

kkk. Multifamily dwelling (vivienda multifamiliar): A building conceived as an architectural unit with independent dwelling areas, suitable for housing two or more families.

lll. Single-family dwelling (vivienda unifamiliar): A building provided with dwelling areas intended to house a single family.

mmm. Cantilever (voladizo): An unsupported part that projects from a wall or partition.

nnn. Zoning (zonificación): The division of a territorial circumscription into use zones, for the purpose of its rational development, which is described in the Zoning Regulation of the Regulatory Plan of the canton of Paraíso.

In accordance with Articles 28 and 29 of the Urban Planning Law No. 4240 (Ley de Planificación Urbana N°4240) and its amendments, it is forbidden to utilize or dedicate land, buildings, or structures to any use that is incompatible with the Zoning of the Regulatory Plan.

Henceforth, interested owners must obtain a municipal certificate that accredits conformity of use according to the provisions and restrictions contained in the Regulatory Plan of the canton of Paraíso (such as setbacks, coverage, density, height, frontage and depth of the lot; among others). Tolerated non-conforming uses must also be recorded with a certificate expressing such circumstance. Without the corresponding land-use certificate, no type of municipal license will be processed or granted.

The Municipality is empowered to establish an amount to charge for the issuance of each land-use certificate requested, supported by a study that justifies the rate applied, as well as to provide the facilities for the interested party to make the payment, either electronically or in person at the institution's offices.

The land-use certificate will remain valid as long as the property to which it refers does not undergo registry changes such as area and cadastral map number that cause inconsistencies with the data recorded in the certificate, or as long as the Regulatory Plan of the canton of Paraíso does not undergo changes related to the property in question. The validity of the land-use certificate under the changes indicated in the preceding paragraph is established according to the provisions of Transitory Provision I of the Regulatory Plan of the canton of Paraíso.

The responsible professional and/or developer in charge of the planning, design, and construction of buildings and urban infrastructure works may use sustainable construction principles, with the purpose of achieving the social, economic, cultural, and environmental development of the community, allowing the evaluation and certification of the sustainability of buildings and spaces intervened through construction processes. For this purpose, standard norms approved by competent national entities or duly approved guidelines for their application may be used as a guide, such as the RESET standard or Directive No. 50-MINAE (Directriz N°50-MINAE) for sustainable construction, all without prejudice to the environmental standards that must be met in the area in accordance with the provisions of the Sustainable Development Regulation.

Furthermore, in attention to the above and as an incentive for its application, the Municipality of Paraíso may authorize a variation in the zoning regulations of the Regulatory Plan for residential and/or commercial activities, works, or projects located in high- and medium-density residential zones, commercial and services zones, and mixed residential-commercial zones located in the urban quadrant, allowing an increase in height or density (or both) in those projects that apply sustainable construction principles in their design, construction, and operation, provided that they propose a reduction in buildable coverage and a positive, permanent, and verifiable change in the following areas:

. Environment, climate change, and risk management for extreme hydrometeorological events.

. Social and community development.

. Urbanism.

. Landscaping.

For the approval of the aforementioned incentive, the interested party must process a preliminary project with which they will submit the request for application of the incentive to the Urban Development Department (Departamento de Desarrollo Urbano), complying with the regulations indicated in this regulation. The Urban Development Department will assess compliance with the respective items for the granting of the incentive and will issue the approval of the preliminary project, for all purposes of subsequently continuing with the construction license procedure.

Projects that avail themselves of the aforementioned incentive will be evaluated according to the score obtained for sustainable design and construction, as well as for the reduction proposed in coverage, according to the following table, in which the increases allowed in height and density are shown as a function of the reduction in coverage and sustainability score obtained.

Evaluation table for granting the incentive for greater height or density.

| Score | Proposed reduction in coverage over the maximum allowed in the zone | Increase in height over the maximum allowed in the zone | Increase in density over the maximum allowed in the zone | | --- | --- | --- | --- | | Between 60 and 70 | 10% | 1 floor | 10% | | Between 71 and 85 | 15% | 2 floors | 15% | | Between 86 and 100 | 20% | 3 floors | 20% | Notes:

1. 60 points is the minimum score that a project must obtain to access the benefit of the incentive for an increase in height or density above the maximum allowed in the zone.

2. In the event that the application of the benefit for an increase in density results in fractional numbers for the number of dwellings (density), these will be rounded up to the next whole unit if the fraction is equal to or greater than 0.50.

For the evaluation of the project score, the criteria detailed below will be applied. Note for these purposes that compliance with the first criterion is not mandatory; however, its attention facilitates compliance with the majority of the following criteria:

| Environment, climate change, and risk management for hydrometeorological events | Score | | --- | --- | | 1. Comply with certifiable sustainable construction regulations (RESET standard or Directive No. 50-MINAE or similar). | 3 | | 2. Earthworks (movimiento de tierras) management plan. | 3 | | 3. Reduction of coverage with respect to the maximum allowed in the zone (mandatory). | 13 | | 4. Reforestation plan for at least 20% of the project area, including the use of native species in association with urban green corridors or green corridors along protection areas (mandatory). | 13 | | 5. Ecological Blue Flag (Bandera Azul) in sustainable construction. | 3 | | 6. Construction of an improved wastewater treatment system, individual or collective, different from a conventional septic tank (taque séptico convencional) and reduction of runoff, as well as reuse of rainwater and wastewater including irrigation systems (mandatory). | 13 | | Total | 48 | | Social and community development | Score | | 7. Construction and transfer of a public area of at least 10% (in addition to the public areas that some projects must transfer by regulation) of the total project area for communal areas or public thoroughfares with all the necessary infrastructure for their operation, adjacent to or bordering the project (mandatory). | 13 | | 8. Construction of areas that facilitate the recycling of solid waste or composting of domestic waste, associated with communal areas. | 3 | | 9. Contribution of urban furniture to the donated public space (from item No. 7) over a surface area equal to or greater than 10% of the project area. | 10 | | Total | 26 | | Urbanism and Landscaping | Score | | 10. Reduction of vehicular impacts of the project. | 6 | | 11. Construction of cycling infrastructure external to the project (bicycle parking and others). | 7 | | 12. Harmonizing architecture with the environment and not altering the most relevant scenic views (mandatory). | 13 | | Total | 26 | Description of criteria:

1. Comply with certifiable sustainable construction regulations (RESET standard or similar): There are regulations for sustainable construction in Costa Rica, both public and private access, which can be used as a guide. Among these norms and guidelines is the Requirements for Sustainable Building in the Tropics (RESET) standard or Directive No. 50-MINAE for sustainable construction in the Public Sector.

2. Earthworks management plan (plan de manejo de movimiento de tierras): It must be guaranteed that the activity, work, or project will not generate negative environmental impacts inside or outside the property where it is developed, and that, on the contrary, its benefits can be verifiable by entities or companies registered with SETENA, during and after the construction. The interested party must cover the costs of the oversight entity that guarantees and certifies compliance with the plan.

3. Reduction of coverage with respect to the maximum allowed in the zone: Guarantee by means of a commitment letter a reduction in the buildable coverage of the project with respect to the maximum allowed in the zone where the property on which the project is developed is located. Demonstrable through the site design and construction drawings submitted for the permit application.

4. Reforestation plan for the project: Submit a reforestation plan in accordance with the regulations of the Official Map Regulation of the Regulatory Plan of Paraíso (Reglamento de Mapa Oficial del Plan Regulador de Paraíso) or the autonomous regulations that the Municipality issues for these purposes, or, in the case of water body protection areas, apply the "Reforestation Protocol for the Rehabilitation and Maintenance in the Protection Areas of the Greater Metropolitan Area of Costa Rica" issued by MINAE.

5. Ecological Blue Flag in Sustainable Construction: Demonstrate through the Blue Flag certification that the project meets the appropriate standards to responsibly combat the effects of climate change through good economic, social, and environmental practices associated with the processes of infrastructure design and construction. The interested party may process the certification for the design phase of the project.

6. Construction of an improved wastewater treatment system, individual or collective, different from a conventional septic tank and reduction of runoff, as well as reuse of rainwater and wastewater including irrigation systems: Submit a hydrological study conducted by a qualified professional in the field that demonstrates the feasibility of applying measures for the use of rainwater for irrigation or the construction of rainwater infiltration wells and/or retention ponds. Furthermore, it must quantify the runoff that will be recovered as infiltration and the calculation of water use savings with respect to traditional irrigation systems, if required in the project.

7. Construction and transfer of communal areas or municipal public thoroughfares adjacent to or bordering the project. The transfer of areas must be effective in the name of the Municipality of Paraíso before the request for the final completion inspection (recepción de obra finalizada).

8. Construction of areas that facilitate the recycling of solid waste or the composting of domestic waste within the project.

9. Contribution of urban furniture to the donated public space over a surface area equal to or greater than 10% of the project area: Intervention of public spaces in accordance with the regulations of the Official Map Regulation of the Regulatory Plan of Paraíso or the autonomous regulations that the Municipality issues for these purposes.

10. Reduction of vehicular impacts of the project: Includes the provision of a vehicular flow study (regardless of whether it involves a national or cantonal road network route) and the provision of exclusive access lanes, waiting bays, construction of public transport infrastructure such as bus bays, and any other measure necessary for efficient mobility.

11. Construction of cycling infrastructure external to the project (bicycle parking and others): The construction of cycling infrastructure will be scheduled in accordance with what is indicated in the Official Map Regulation of the Regulatory Plan of Paraíso, as well as the active mobility plans developed by the Municipality.

12. Protection of views towards mountainous areas in accordance with the provisions of section 8.3.11 of Annex 2 (Anexo 2) "Code of Good Environmental Practices: general policies" of the Manual of Technical Instruments for the Environmental Impact Assessment Process (Manual de EIA) - Part I. Executive Decree No. 32079 (DE No. 32079), and its amendments or regulations that replace it.

The Municipality will oversee compliance with the commitments assumed by the developer in accordance with this article for the granting of the incentive; in the event of detecting non-compliance, the Municipality will be empowered to deny the completion acceptance (recibido de obra), if the work is completed, or to apply the sanctions and fines in accordance with Art. 73 of this Regulation.

The temporary work or construction will use materials and construction systems that facilitate its removal and that guarantee safety, hygiene, and good appearance. In the event that temporary works or constructions involve occupation of the public thoroughfare, they will require municipal authorization, without this generating in favor of the concessionaire or permit holder any real right or possessory action over such thoroughfares. Such authorization may be revocable, and in no case may it be granted to the detriment of free, safe, and expeditious transit, or of free, safe, and expeditious access to neighboring properties, of the tranquility and comfort of the neighbors, or of the public services installed on them, or in general to the detriment of any of the purposes for which such thoroughfares, according to their class, may have been destined.

In case of occupation of the public thoroughfare, the interested party will be responsible for placing flags and signs during the day and reflective signals during the night, at a distance no less than 15 meters from the obstacles, in a way that gives advance warning to anyone traveling on the thoroughfare.

If these provisions are not met, the Municipality will proceed to suspend the construction and eliminate the obstacle, charging the cost incurred by the Municipality plus the respective administrative surcharges to the owner, according to the mechanisms it has available.

To carry out excavations or build wells, ovens, forges, chimneys, stables, deposits of corrosive materials, or others intended for uses that may be dangerous or harmful, the regulations established for the activities permitted in each zone of the canton of Paraíso must be complied with, as well as the provisions of this regulation, the standards of the Benemérito Cuerpo de Bomberos de Costa Rica, and any other standard in force on the matter.

When the approval of the neighboring owner is obtained, temporary anchors may be used below neighboring properties with the objective of reducing the risk of possible effects on the structures of neighboring buildings. Temporary anchors must be released once the basements or underground structures are built.

Projects adjacent to constructions that have a declaration of historical or architectural heritage granted by the MCJ must have the approval of the Department of Cultural Heritage of that Ministry or the entity that replaces it.

Works located on a property boundary, even with a construction permit from the Municipality, must at all times ensure the non-impact to the property of the immediate neighbor. It will be the sole responsibility of the owner and the professional responsible for the work to assume any damage caused to the neighbor's property.

For land with slopes greater than 15% and less than 30%, a slope stability study must be provided demonstrating the feasibility of carrying out the planned work.

It will be the responsibility of the professional in charge to include in the design the solutions and recommendations suggested therein; likewise, the responsible professional must comply with the provisions of the current Geotechnical Code of Slopes and Hillsides of Costa Rica issued by the CFIA, for the analysis and design of cut or fill slopes of hillsides in their natural state, without prejudice to national regulations on the matter.

For land with a slope greater than 30%, the geotechnical and structural solutions that demonstrate the safety of the work must also be presented. In case of doubt about the land slope, the Urban Development Department or the responsible unit may request a contour line study and a profile of the land where the work is to be set, duly signed by a professional in topographic engineering.

In both cases, stabilization and protection works must include a tree-planting plan approved by the Municipality. If necessary, the Municipality may request criteria from other competent bodies in environmental matters.

Without prejudice to what is indicated in the Zoning Regulation of the Regulatory Plan of Paraíso, the side setback with the presence of windows facing the property boundary will be governed by the provisions of Article 12 of this regulation, adding to said setback an additional meter for each floor when the building height exceeds 3 floors.

This distance will be measured between the vertical plane of the most protruding line of the window and the vertical plane of the dividing line of the properties, at the point where said lines are closest, if they are not parallel.

The applicable regulations for the setbacks of constructions will be the following:

a. Front setback: For each zone, the front setback is established in accordance with what is specified in the Zoning Regulation. In the case of passage easements (servidumbres de paso) created prior to this regulation, existing tree-lined walkways (alamedas), or in exceptional accesses for residential use, the front garden is not required if they face only the access, easement, or walkway. The property resulting from the segregation that faces a public thoroughfare must respect the respective front setback.

b. Rear setback: It is not required in those cases where the material of the boundary wall is noncombustible and does not have windows or openings of any type. In the event that a window exists or there is no wall, the distance indicated in Article 13 must be respected. The rear setback may be substituted by an equivalent area inside the lot, in order to obtain a better architectural distribution of the project, provided that the current regulations on natural ventilation and lighting are complied with, and the building does not exceed three floors. The setbacks for rivers and streams on the rear part of the lots are rear setbacks for the purposes of this article, which will conform to the official alignment issued by INVU; however, the river protection area may not be subject to any construction whatsoever. Stepped setbacks are not permitted.

c. Side setback: For one-story constructions, on side walls facing the boundary with windows or openings of any type, the setback will measure 3.00 m, a distance that may only be reduced on the first level to 1.50 meters if there is a side wall. For a second floor, the setback will be a minimum of 3.00 m (whether or not a wall exists) and for each additional floor, 1.00 m more must be added. If side windows do not exist, the side setback may be omitted or stepped setbacks (with windows) may be used.

d. The setbacks over sanitary sewer, stormwater, aqueduct easements, and those for any other public service infrastructure will be those indicated by the institutions in charge of each service; in the absence of these, at minimum constructions must be set back 3.00 m on each side measured from the center line of the easement. e. When a construction license is requested for an expansion or improvement and the existing building presents a front setback less than that required in this Regulation, this may be permitted as long as the applicant can demonstrate that this setback was established regularly at the time the original construction license for the existing building was accredited; for this, the applicant must present a copy of the original permit or a copy of the approved plans for it.

For dwellings of one or two floors, the setback will be 3.00 m. If the building is more than two floors, the rear setback will be increased by one meter per floor. Rear setbacks or yards may be substituted by an interior open space, if the walls of the dwelling on the rear property boundary are of noncombustible material.

Light wells (Patios de Luz): Yards that serve to provide lighting and ventilation will have the following minimum dimensions in relation to the type of rooms and the height of the walls that enclose them.

In the case of heights greater than fourteen meters (14.00 m), the minimum dimension of the yard must be one quarter (1/4) of the total height of the parameter of walls that enclose it. The minimum area of the yard must be equivalent to 3 times the minimum width. In constructions greater than 5.50 m in height that have vertical openings, the provisions established by the Fire Department (Cuerpo de Bomberos) must be considered.

At least one third of the front garden area must be maintained as a green area, and on the rest, garages, open corridors, terraces, parking areas, septic tanks, catchment tanks, inspection chambers, security booths, transformers, stairs attached to the wall, and waste collection receptacles may be built; these constructions must comply with the coverage percentages established for each zone in the Zoning Regulation of Paraíso.

In the front garden zone, solid fences with a height of more than one meter may not be built, with the installation of railings or gates that allow at least 80% visibility.

Any unoccupied land that borders a public thoroughfare in any of the zones established in the Regulatory Plan of Paraíso, excepting agricultural, protection, and special control zones, must be fenced and also comply with the provisions of the autonomous regulations that the Municipality of Paraíso publishes for these purposes.

In the construction of fences, the following materials must be used:

a. Chain-link type mesh.

b. Electro-welded mesh.

c. Concrete posts with four rows of barbless wire.

d. Any other element that allows at least 80% visibility into the lot.

The use of barbed wire is not permitted, and in the case of electrified systems, they are not permitted at a height of less than 2.50 m; they may be used on the upper part of the wall when it exceeds said height. In any case, municipal regulations must be observed to safeguard public health, safety, and aesthetics.

Buildings whose ground floor plan is designed to be built on the property line may include an eave, marquee, or cantilever of a minimum width equal to the total width of the sidewalk, less 0.50 m.

Marquees must be continuous, with an average height of 3.00 m above the sidewalk level.

For streets with a slope, the maximum height must be 3.40 m and the minimum 2.40 m.

If it is not continuous, the sections must have the necessary overlap to prevent the passage of rainwater. When neighboring properties have constructions provided with marquees that comply with the norms specified herein, the marquee of the building to be constructed must maintain the same height as its neighbors. In buildings whose construction is authorized on the property line, the marquee may be substituted for a portico by recessing the facade on the ground floor.

Minimum distances between buildings and medium- and low-voltage electrical installations must be respected, in accordance with the provisions of the Regulatory Technical Standard AR-NTSUINAC "Supervisión de la instalación y equipamiento de acometidas eléctricas" or the current regulations on the matter.

The construction of sidewalks is governed by the provisions of the autonomous regulations published for such purposes by the Municipality of Paraíso in accordance with Law N°9976 on Pedestrian Mobility and its amendments or the regulations that replace it; as well as by the provisions of the Official Map Regulation of the Urban Regulatory Plan of the Municipality of Paraíso and the Equal Opportunities for Persons with Disabilities Law N°7600 and its Regulation DE-26831, its amendments or the regulations that replace it. Failing that, the provisions established in the INVU Construction Regulation shall apply supplementarily.

Every element of a building, structural or ornamental, as well as any sign or commercial advertisement affixed to it, at its point closest to electrical transmission lines, must respect the minimum distances indicated by the entity providing the electricity supply service in the canton. The foregoing in accordance with the Regulatory Technical Standard AR-NT-SUINAC "Supervisión de la instalación y equipamiento de acometidas eléctricas", as well as the Technical Standard AR-NTSUCOM "Supervisión de la comercialización del suministro eléctrico en baja y media tensión", their amendments or the standard that replaces them.

Every building of more than 3 stories must have dedicated chutes to evacuate and classify waste from all floors. They must comply with the following provisions:

a. Dimensions must be 0.30 m x 0.30 m in cross-section, for recyclable materials, and 0.50 m in diameter for organic waste b. The finish must be smooth, impermeable, ventilated, and anti-corrosive c. Accesses to the chutes must be located in areas that do not obstruct the free movement of the building's users. In addition, they must have easy access from the public road d. The hoppers of the chutes located on each floor must have a counterweight system that keeps them closed and a downward swing for opening, in order to prevent accidents e. Have a separate enclosure consisting of walls or partitions, as well as the inlet openings serving the waste chutes f. The chutes must discharge into a solid waste collection space of such a dimension that allows for 3 independent containers connected to each vertical chute. A single chute may be used when it is integrated into an area or container with a minimum area of 1.00 m², which allows the storage and classification of recyclable material.

All the foregoing without prejudice to the provisions established by the Fire Department (Cuerpo de Bomberos).

In addition, the responsible professional must consider, for the design of chutes, the guidelines defined in the Comprehensive Waste Management Law, N°8839 and its Regulation, Executive Decree N°37567-S-MINAET-H, and its amendments or the regulations that replace it.

Every building, with the exception of single-family dwellings, must have a collection space for recoverable and non-recoverable solid waste. The walls and floor of the collection spaces must be tiled or coated and must have potable water and a drain connected to the sanitary network.

To calculate the weight of solid waste, a value of 200 kg/m3 must be considered.

The calculation for the size of the space required for the concentration and deposit of waste must consider a load of 0.90 kg/person/day for residential projects, 1.75 kg/person/day for commercial projects, 0.1 kg/person/day for offices, institutions, or street cleaning, and 0.03 kg/person/day for parks and recreational areas.

Waste must be managed comprehensively in accordance with the Comprehensive Waste Management Law N°8839 and its Regulation, executive decree N°37567-S-MINAET-H, and its amendments or the regulations that replace it.

Storm drainage.

Free fall of stormwater onto public roads is not permitted, and for this purpose gutters and stormwater downspouts must be provided from roofs, balconies, overhangs, and any other projection leading to a drain to channel the water into the storm sewer system. The level must be a minimum of ten centimeters (10 cm) below sidewalk level or a technical solution for stormwater discharge must be duly noted on the plans.

Stormwater from any type of building must be conducted to storm sewer systems, to permanent natural watercourses, or be reused for uses whose quality is not for human consumption. Discharging stormwater into the sanitary drainage system is prohibited.

In the case of discharge into a stormwater system on a national road, a permit must be requested from the Ministry of Public Works and Transport (MOPT).

Likewise, the provisions of the autonomous regulations published for such purposes by the Municipality of Paraíso must be complied with.

Every project with a building footprint greater than 500 m2 must submit, as part of the construction plans, the design of a stormwater retention and storage system prior to its discharge to the authorized discharge point, as indicated in Article 29 of this Regulation.

Every urbanization project, condominium construction, or project involving soil replacement, its impermeabilization, or earthworks (movimientos de tierra) that, in the opinion of the Department of Urban Development, modifies the natural topography of the land and generates significant changes in stormwater flows, requires the approval for its respective discharge from the Department of Urban Development or the department that replaces it. For these purposes, the requirements published for such effect by the Municipality of Paraíso must be provided.

Mixing sewage or wastewater with stormwater is not permitted. Ordinary wastewater must be disposed of using the following system priority:

a. Connection to a sanitary sewer system with a treatment plant, provided it is operational in front of the property.

b. Wastewater treatment plant (PTAR) approved by the Aqueduct Department or the department that replaces it of the Municipality of Paraíso, for return loads greater than or equal to 150 m3/month.

c. Improved septic tank for return loads less than 150 m3/month throughout the canton.

d. In areas with a shallow water table or with a percolation or infiltration rate that is not within an adequate range for the construction of drainage systems according to the regulations of the CFIA Hydraulic and Sanitary Installations in Buildings Code, the construction of a treatment plant will be mandatory.

If there is no sanitary sewer system, a connection stub for it must be left in place.

In areas where a sanitary collector is operational, the construction of septic tanks as a device for wastewater treatment is not permitted.

The application of the above standards shall be without prejudice to the provisions of chapter 2 of the Regulation for Sustainable Development according to the environmental fragility of each zone.

The treatment system must be installed at the front of the property provided topographic conditions allow it; otherwise, it may be built elsewhere within the boundary that is safe for the building itself and its neighbors, but always leaving the frontal connection stub for future connection to the sanitary sewer system. In all cases, systems located in drainage areas must respect the provisions of decree N°42075-S-MINAE Regulation for the subsurface disposal of treated ordinary wastewater.

The environmental sanitation system and the absorption zone must be designed according to the considerations and indications of the Wastewater Discharge and Reuse Regulation, executive decree N°33601, the Regulation for Approval and Operation of Wastewater Treatment Systems, executive decree N°39887-S-MINAE, and the Regulation for the subsurface disposal of treated ordinary wastewater from the Ministry of Health, decree N°42075-S-MINAE; and their respective amendments or the regulations that replace them; in addition to the Hydraulic and Sanitary Installations in Buildings Code of the Federated College of Engineers and Architects, and any other applicable regulations.

Wastewater treatment plants submitted as part of the solutions for wastewater disposal must comply with the regulations set forth herein, in addition to the corresponding permit from the Ministry of Health (MINSA) for their location and design. Therefore, the Municipality will have the authority to verify that the constructed system complies with the location and specifications approved by the Ministry of Health. Likewise, the Municipality may request copies of the periodic reports issued to the Ministry of Health (MINSA) in order to verify that the system achieves adequate efficiency during its operation; if problems are detected in the wastewater treatment plant (PTAR), it may notify the respective entity to proceed with its closure until the identified issues have been resolved.

Infiltration tests must be conducted jointly with the preliminary studies, and their results shall be included in the calculation report used for processing the project before the Ministry of Health. In cases where the natural conditions of the land are substantially altered for reasons of topography or other causes, a new infiltration test for the final levels will be required.

No construction is permitted over the absorption area of the environmental sanitation system, nor any activities that may cause soil compaction. A layer of grass and shrubs must be maintained over the drainage field to increase the absorption capacity of the soil.

The provisions of articles N°69 and N°70 of the Water Law N°276 and its amendments or the regulations that replace it must be observed. In particular, culverting and bridges will require a hydraulic and hydrological study, as well as a permit from the MINAE Water Department and the respective environmental feasibility approval (viabilidad ambiental). Public domain watercourses will remain property of the State in accordance with the aforementioned Water Law and its amendments, and therefore subject to the setbacks established in the Forest Law (Ley Forestal), even if channeling or culverting works have been authorized and/or carried out on them.

Without prejudice to the provisions established by the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica) on the matter, lobbies and dispersal areas must consider the following provisions:

a. The main lobbies of any building must be at least 2.40 m wide by 3.00 m long.

b. Secondary lobbies or circulation corridors with doors must have a minimum length of 1.70 m and a width equal to that of the door, plus 0.50 m, adding these on the side opposite the hinges.

c. The access floor for any type of building providing public, private, or mixed-use services must have a minimum lobby area of 5.00% of the built area of the access level. This area includes the sum of the areas of lobbies, courtyards, plazas, and corridors.

d. In performance halls, meeting centers, and similar venues, the lobby area must be at least 0.15 m2 per attendee; at least one-quarter must be adjacent to the public road. Up to three-quarters of this minimum surface area may be composed of lower-level lobbies. If the capacity of the hall is not defined, one attendee is considered per 0.50 m2 of the performance or meeting halls.

e. In industrial buildings, dispersal areas must be determined by the responsible professional based on the number of people served, in each case.

f. In addition to the foregoing, the provisions of the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica) in its National Fire Protection Regulation, and its respective amendment or the regulations that replace it, must be complied with.

For purposes of design and placement of stairs (emergency, interior, exterior, or others), the provisions of the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica) in its National Fire Protection Regulation, its respective amendment or the regulations that replace it, must be followed.

The provisions of the Equal Opportunities for Persons with Disabilities Law, Law N°7600 and its Regulation, Executive Decree N°26831-MP, must be complied with, in addition to the requirements established by the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica) in accordance with the Regulation to Law N°8228 of the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica), executive decree N°37615-MP, and its amendments or the regulations that replace it.

Without prejudice to the provisions of the above regulations, every elevator must have the capacity to transport at least the percentage indicated in the INVU Construction Regulation of the population it serves in five minutes, considering the amendments or regulations that replace said regulation. The calculation shall be made based on the net occupant load factor defined in the provisions of the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica).

Depth limits are established to prevent disturbances to water tables (capas freáticas) and to ensure the stability of slab bases. Building projects proposing more than one basement level must submit, for approval, soil studies that additionally include information on the aquifers and underground currents, of the terrain and its immediate surroundings. Under no circumstances may an excavation be deeper than six (6.00) meters below the bed level of the nearest river or stream, measured from the level of the point of minimum distance. Basement is understood to mean the space of a building that is below ground level and cannot receive direct, natural lighting and ventilation.

In the design and construction of every building, the standards contained in the National Fire Protection Regulation, approved and published by the Board of Directors of the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica), and its amendments or the regulations that replace it, are mandatory.

These standards must be applied to every civil works project intended for the temporary or permanent occupancy of persons, whether new buildings or remodeling, the design and installation of fire protection systems, both active and passive, the organization of events where a concentration of more than 50 people is projected, and safety inspections carried out by authorities.

For every application for a construction permit – whether expansion or new project – that presents a construction area greater than 500 m2, its design must include a stormwater retention tank or system, prior to its disposal into the receiving body or system. This is an indispensable requirement for every urbanization and condominium project.

The design of the retention system must be carried out by a professional through a hydrological study that includes the determination of the flood hydrograph and its routing to the discharge point. To this end, the following must be considered:

a. the system must attenuate the excess runoff resulting from the impermeabilization of the land.

b. for all analysis cases, the prior analysis condition to be considered for land use shall be pastureland, meadows, or green areas.

c. the system must be designed for a 25-year return period storm.

d. the use of methodologies derived from the application of the rational method is not permitted.

The following parameters apply to every dwelling unit, with the sole exception of social interest housing (viviendas de interés social):

a. Area per dwelling: Thirty square meters (30 m2) for one-bedroom units (up to two persons) and ten square meters (10 m²) over the minimum thirty, for each additional bedroom.

b. Entrance width: In all projects with more than one dwelling and up to four dwellings per lot, whether on one or more floors, in isolated form, or as an apartment building, the entrance to the interior of the lot must have a minimum width, free of obstacles, of four meters (4.00 m).

For a larger number of dwellings, the following conditions must be met:

. For five or six dwellings inside, the entrance width must be increased to six meters.

. For more than six dwellings and up to 59 dwellings, the width shall be seven meters forty centimeters (7.40 m).

. When the construction of up to 100 dwelling units is contemplated, the access must have a width of eight meters fifty centimeters (8.50 m).

. Between 101 and 150 dwelling units, the width of internal roads shall be a minimum of ten meters (10.00 m).

. For more than 150 dwelling units, and up to at least 500 units, the minimum road width must be eleven meters (11.00 m).

. When exceeding 500 dwelling units, the minimum width must be extended to fourteen meters (14.00 m).

c. Area per room c.1. Bedrooms: For single-bedroom dwellings, the bedroom must measure at least nine square meters (9.00 m²). If there are more bedrooms, the main one must have an area of nine square meters (9.00 m²), while the others may measure a minimum of seven and a half square meters (7.50 m²) in area. In all cases, they cannot have a width less than two and a half meters (2.50 m).

c.2. Kitchens: Must have five square meters (5.00 m²) in area and two meters (2.00 m) in width as a minimum, except if an integrated space with the living room or dining room is used for preparing or cooking food, in which case it may be smaller.

c.3. Living room - Dining room: Must measure ten square meters (10.00 m2) minimum area and two and a half meters (2.50 m) in width. If an independent living room and dining room are planned, they must have a surface area of no less than six and a half square meters (6.50 m²) and seven and a half square meters (7.50 m²) respectively.

c.4 Sanitary Facilities: The minimum internal measurements of the sanitary facilities are one meter fifty-five centimeters (1.55 m) wide by two meters twenty-five centimeters (2.25 m) deep.

d. Floor-to-ceiling height: The minimum floor-to-ceiling height must be two meters forty centimeters (2.40 m), provided there is a ceiling (cielo raso). If there is none and, in addition, the roofing material is not sufficiently insulating from a thermal standpoint, the height must be increased to a minimum of two meters sixty centimeters (2.60 m).

e. Door sizes: The minimum door height is two meters ten centimeters (2.10 m); the minimum width shall be ninety centimeters (0.90 m), except for non-habitable rooms, in which case it may be eighty centimeters (0.80 m).

f. Window area: Windows must have an area no less than the percentages indicated below, calculated in relation to the surface area of each room or the corresponding floor area:

Of the indicated window areas, at least half must be openable for ventilation purposes. The depth of any habitable room cannot exceed twice the height from floor to window lintel. For every additional meter or fraction thereof greater than half a meter in depth, the total minimum required percentage of window area must be increased by 1%. The smallest dimension of each window, for ventilation and lighting purposes, shall not be less than thirty centimeters (0.30 m).

g. In studio or open-plan apartments, the minimum areas are:

. Thirty square meters (30 m2) for single-room units without a laundry room.

. Thirty-five square meters (35 m2) for single-room units with a laundry room.

h. Elevated buildings on substructures that allow the passage of water: Those residential-use buildings constructed within flood-prone areas or areas with flood potential must comply with the following requirements.

h.1. They are mandatory, provided the property where these works are to be carried out is located in sectors with flood threat officially determined by the CNE, or by the limitations and potentialities of the environmental fragility indices approved by the canton of Paraíso, especially in type I-B sectors.

h.2. They must be supported on a substructure formed by structural elements such as pillars or columns, in such a way that the first level of the building is located above the flood elevation level identified according to the pertinent study carried out by a professional in the field.

h.3. The clear space between support elements cannot be less than 2.40 m between the closest points and must respect the minimum distance determined by the structural design carried out by a professional in the field.

h.4. The pillars must be free of appendages or unnecessary elements that could act as a trap for debris during a flood or that restrict its free passage.

h.5. The use of walls between supports is permitted, provided these are collapsible and are designed to yield to the hydrostatic forces of the flood elevation. The columns and their foundations must resist all generated loads, including hydrostatic and other pertinent loads that the structural designer deems appropriate and necessary.

h.6. Bracing used to provide lateral stability must be designed to minimize obstruction to flood flow, as well as to reduce the possibility of trapping debris transported by said flow.

h.7. In all cases, the effect of soil submergence and the additional loads related to floodwater must be considered.

h.8. The potential for scour around the pillars must be considered, and necessary protection measures must be established.

h.9. It is strictly prohibited to use the lower level of the structure (area below the flood elevation) as a habitable area. Its use is only permitted for miscellaneous activities, work, parking, or storage of family implements; provided the elements do not obstruct the flow in the event of a flood.

This shall apply only to individual housing projects or residential complexes carried out by the State or private initiative in accordance with the regulations applicable to social interest housing (vivienda de interés social). For these purposes, it must follow the guidelines stipulated by "Las Especificaciones Técnicas y Lineamientos para la Escogencia de Tipologías Arquitectónicas para la Construcción de Viviendas y Obras de Urbanización N°27", its amendment or any regulations that replace it.

Furthermore, minimum dimensions must respect the following standards:

a. Area per dwelling: Forty-two square meters (42 m2) and two bedrooms for family units of fewer than five members. Fifty square meters (50 m2) and three bedrooms for family units of five or more members.

b. Area per room:

b.1. Bedrooms: One bedroom must measure at least seven and a half square meters (7.50 m²); the others may measure a minimum area of seven square meters (7.00 m²), with a width no less than two and a half meters (2.50 m).

b.2. Kitchens: Must have four and a half square meters (4.50 m²) in area and one meter eighty centimeters (1.80 m) in width as a minimum, except if an integrated space with the living room or dining room is used for preparing or cooking food, in which case it may be smaller.

b.3. Living room - Dining room: Must measure ten square meters (10.00 m2) minimum area and two and a half meters (2.50 m) for its smaller dimension. If an independent living room and dining room are planned, they must have a surface area of no less than six and a half square meters (6.50 m²) and seven and a half square meters (7.50 m²) respectively.

b.4. Floor-to-ceiling height: The minimum floor-to-ceiling height must be two meters forty centimeters (2.40 m), provided there is a ceiling (cielo raso). If there is none and, in addition, the roofing material is not sufficiently insulating from a thermal standpoint, the height must be increased to a minimum of two meters sixty centimeters (2.60 m).

b.5. Laundry Room: May be exterior and shall have a minimum area of two square meters (2.00 m2) and a minimum width of one meter fifty centimeters (1.50 m).

b.6 Sanitary Facilities: The internal measurements of sanitary facilities are 1.25 m wide by 2.10 m deep.

Maximum densities.

In all cases, the maximum housing densities established in the Zoning Regulation of the Paraíso Regulatory Plan and its amendments shall apply, except for those works or projects that adopt and apply sustainable construction standards, where the higher density incentives provided for in this regulation may be applied. Likewise, projects managed as "Urban Renewal" projects must be subject to the standards established by the Urban Renewal Regulation of the Paraíso Regulatory Plan and its amendments.

Minimum lot characteristics.

In all cases, the minimum area and minimum frontage established for the zone by the Zoning Regulation of the Paraíso Regulatory Plan and its amendments must be observed.

a. Due to the dimensions of the containers, the definition of internal spaces for residential uses is subject to the following dimensions:

. Single room without laundry room: 34 m2.

. Single room with laundry room: 38 m2.

b. Each container must have natural ventilation and lighting, and also comply with the minimum area requirements established in this Regulation.

c. Those structures intended for public use built from containers must comply with the Equal Opportunities for Persons with Disabilities Law N°7600, its Regulation Executive Decree N°26831, and its amendments or the regulations that replace it.

a. Every structure built with containers must comply with the aspects established in the articles of General Provisions for Buildings of this Regulation.

b. Bedrooms: The bedroom must measure at least seven square meters (7.00 m²), with a width no less than two meters and thirty-four centimeters (2.34 m).

c. Kitchens: Must have four and a half square meters (4.50 m²) in area and two meters (2.00 m) in width as a minimum, except if an integrated space with the living room or dining room is used for preparing or cooking food, in which case it may be smaller.

d. Living room - Dining room: Must measure ten square meters (10.00 m2) minimum area and two meters and thirty-four centimeters (2.34 m) for its smaller dimension. If an independent living room and dining room are planned, they must have a surface area of no less than six and a half square meters (6.50 m²) and seven and a half square meters (7.50 m²) respectively.

e. Sanitary Facilities: The internal measurements of sanitary facilities are 1.25 m wide by 2.10 m deep.

f. Floor-to-ceiling height. The minimum floor-to-ceiling height for structures built with containers must be 2.40 meters measured from the finished floor level, for cases where the roof structure has thermal insulation material. In the event there is no ceiling (cielo raso) and the roof does not have thermal insulation, the minimum height shall be 2.70 meters.

g. Maximum height. The permitted height for buildings constructed with containers must comply with the provisions established for height in the Zoning Regulation of this Regulatory Plan, its amendment or modifications that replace it.

h. Permitted uses. The use of container structures is permitted for the uses defined in this Regulation: single-family dwelling, apartments, student residences, food dispensing sites, commerce, and offices. These structures must comply with the corresponding requirements established in this Regulation, and must be adapted to meet the minimum internal area required if they did not meet it.

i. Clear surfaces. Projects intended for habitation using this construction system must leave clear the surfaces intended for courtyards that serve to provide lighting and ventilation to the various rooms; said surfaces cannot be covered with overhangs, corridors, hallways, or stairs.

j. Minimum width. For rooms, kitchens, dining rooms, and living rooms constructed with shipping container structures, the minimum usable width shall be 2.34 meters.

k. Every project constructed with containers must include the structural calculations report (memoria de cálculo) by the professional responsible for the project, which ensures the proper structural performance of the construction.

The construction aspects of buildings under the condominium regime shall be governed by the provisions established in the Regulating Law of Condominium Property No. 7933 (Ley Reguladora de la Propiedad en Condominio N°7933), and its Regulation, Executive Decree No. 32303 MIVAH-MEIC-TUR, its amendments or regulations that replace it. However, every condominium project must address the provisions of the Zoning Regulations of the Paraíso Regular Plan (Reglamento de Zonificación del Plan Regular de Paraíso) regarding the zones where these may be built. In addition, both horizontal or lot condominiums, and developments (urbanizaciones) and subdivisions (fraccionamientos) for urban development purposes must observe the provisions of the Subdivisions and Developments Regulations of the Regulatory Plan of the canton of Paraíso (Reglamento de Fraccionamientos y Urbanizaciones del Plan Regulador del cantón de Paraíso) regarding the process of municipal approval (visado municipal) and the application of the Technical Standard for the Design and Construction of Potable Water Supply, Sanitation, and Stormwater Systems of the National Institute of Aqueducts and Sewers (Norma Técnica para Diseño y Construcción de Sistemas de Abastecimiento de Agua Potable, de Saneamiento y Pluvial del Instituto Nacional de Acueductos y Alcantarillados), and any subsequent reforms or regulations that replace it.

Every construction permit application related to these projects must have prior authorization issued by the corresponding department of the Municipality for its respective process before the APC system of the CFIA, for which a preliminary project (anteproyecto) must be submitted, observing at least the following aspects.

a. General plan with an area table indicating those intended for commercial use, residential use, communal use, and green area, as well as an indication of the pertinent alignments according to the project's location.

b. Easements (servidumbres), water bodies, irrigation ditches (acequias), drainage outlets (desfogues) or any other affectation that limits or crosses the project zone.

c. Rights-of-way, details, and specifications of accesses and roads within the project.

d. Contour lines at every meter.

e. Proposal for the management of sewage (aguas servidas) and stormwater (aguas pluviales).

f. Playgrounds and recreational areas (they may not have a slope greater than 10%).

The review of the preliminary project does not represent a construction permit, for which the corresponding procedures must be carried out before the competent institutions and finally the respective construction permit processed before the Urban Development Department of the Municipality of Paraíso.

In the case of buildings intended for commerce or offices located within developments (urbanizaciones), the certificate of commercial land use must be compatible with residential use, when this Regulatory Plan does not indicate otherwise. This must be issued by the municipality, which verifies that it is located on properties intended for said activity according to the official map of the development.

Setbacks and light wells (patios de luz).

In buildings for commerce and offices, on the first two floors, light wells may be omitted, with lighting and ventilation being solved by artificial means, in which case the approval of the Ministry of Health must be recorded on the construction plans.

If the light well is omitted, the corresponding setbacks must be complied with according to the zoning or with the specific activity as provided in this regulation.

Means of egress.

All buildings for commerce or offices must have means of egress as established by the Honorable Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica).

Materials.

Interior finishes must comply with the requirements established by the Honorable Fire Department of Costa Rica and the Ministry of Health or other current regulations applicable to the matter.

Technical requirements for accessible ramps.

Longitudinal slope: The following maximum longitudinal slopes must be established for straight sections of the ramp between landings, depending on their length, measured in their horizontal projection (L).

Transverse slope: The maximum transverse slope must be established at 2%.

Width: The minimum clear width of ramps must be 120 cm.

Approach surface to ramps: At the beginning and end of a ramp, there must be an approach surface that allows a circle of 150 cm in diameter to be inscribed as a minimum.

Corridors.

Corridors for public use shall have a minimum width of 120 cm. In corridors and galleries where simultaneous circulation of persons with disabilities is anticipated, and who require assistive technologies, their minimum width must be 150 cm.

Lighting and Ventilation.

Without prejudice to the provisions of the General Regulation on Safety and Hygiene at Work, Decree No. 1 of the Ministry of Labor and Social Welfare, the ventilation and lighting of buildings for commerce and offices may be natural or artificial. When natural, the rules on lighting and ventilation of this Regulation must be observed; when artificial, the provisions of the Honorable Fire Department of Costa Rica and the CECR, Executive Decree No. 36979-MEIC, and its reforms or regulations that replace it, must be complied with.

Human safety and fire protection.

In buildings intended for commerce and offices, compliance with the human safety and fire protection measures indicated by the Honorable Fire Department of Costa Rica must be guaranteed.

Mixed-use buildings.

For the design and construction of mixed-use buildings, the provisions of this Regulation relating to the permitted use of each of its parts must be complied with.

In mixed-use buildings, the parts intended for commerce and office use must be separated from those intended for residential use by partitions and ceilings constructed with materials whose fire-retardant coefficient is as established by the Honorable Fire Department of Costa Rica.

There must be a minimum lobby area of 5% of the built area of the access level. Said area comprises the sum of the areas of lobbies, light wells, plazas, and corridors.

In mixed-use buildings, the garage cannot serve as the sole access to premises intended for the accommodation of people.

To calculate the number of parking spaces in mixed-use buildings, the sum of the parking calculation corresponding to each type of use must be carried out.

To process the construction or renovation permit for a swimming pool, the presentation of plans approved by the Ministry of Health will be necessary, as indicated in Art. 37.1.

For sports fields, the same guidelines established in Art. 42 of this regulation must be followed. Additionally, the general guidelines that the design of the structures must include are established in Art. 37.2.; however, it shall be the responsibility of the professional in charge of the design to comply with the appropriate measurements and spaces according to the type of sports activity intended to be developed.

Swimming pools.

For the construction of public swimming pools, the provisions of the Regulation on the Management of Swimming Pools, DE No. 35309-S and its reforms or the regulations that replace it, must be observed. In the case of private swimming pools, only the construction and water quality provisions of the cited Regulation DE No. 35309-S and its reforms or the regulations that replace it must be complied with.

Sports facilities.

The minimum standards for sports facilities, public or private, shall be:

Compliance for: stadiums, courts, halls, gymnasiums, bowling alleys (boliches), training fields, sports fields, sports complexes, training tracks, sports clubs, and any other facility promoting sports activities.

35.2.1. Gymnasiums.

35.2.1.1. Every sports gymnasium must have an adequate area for a machine zone, an aerobic exercise room, a cardio zone, locker rooms, showers, and sanitary facilities.

35.2.1.2. The area for machine zones must have capacity according to the machines that are installed and their specifications.

35.2.1.3. The aerobic exercise room and cardio zone must have a minimum area of 1.50 m2 per projected person.

35.2.1.4. The locker rooms, showers, and sanitary facilities must be enabled according to the Equal Opportunities Law for Persons with Disabilities No. 7600 (Ley de Igualdad de Oportunidades para las Personas con Discapacidad N°7600), its Regulation DE-26831 and its reforms or regulations that replace it.

35.2.1.5. None of these areas shall obstruct the internal circulation corridors or the exits.

35.2.2. Stadiums and sports complexes.

35.2.2.1. This includes all structures dedicated to sports such as soccer, baseball, athletics, basketball, volleyball, boxing, martial arts; among other similar ones.

35.2.2.2. Every structure must contain at least a space for bleachers (gradería), sanitary facilities, locker rooms, wardrobes, and showers. Both for players and for work staff and referees.

35.2.2.3. The bleachers must ensure a space of at least 0.25 m2 per person. Likewise, a minimum space of 0.60 m between rows and a lateral aisle of at least 0.90 m for access to each row must be ensured.

35.2.2.4. Sanitary facilities for the public must be provided, duly enabled according to the Equal Opportunities Law for Persons with Disabilities No. 7600, its Regulation DE-26831 and its reforms or regulations that replace it.

There must be 2 toilets, 3 urinals, and 2 sinks for men for every 500 people, while for women there shall be 2 toilets and 2 sinks.

35.2.2.5. At least two locker rooms for players and participants must be provided for women and two for men.

Their dimensions and capacity are determined according to the minimum number of players per team, with a space of at least 0.50 m2 per person. In the case of a mixed stadium, the dimensions shall be governed by that required by the largest number of players or participants.

Each locker room must have at least one wardrobe per player or participant.

35.2.2.6. In the case of sanitary facilities for participants and players, one shower must be installed for every three people, one toilet and one sink for each women's locker room, and one urinal, one toilet, and one sink for each men's locker room.

35.2.3. Sports, training, and equestrian fields.

35.2.3.1. This includes all fields dedicated to sports such as soccer, baseball, basketball, volleyball, equestrian; among other similar ones.

35.2.3.2. Every structure must contain at least a space for bleachers (gradería), court/field, sanitary facilities, locker rooms, wardrobes, and showers. Both for players and for work staff.

35.2.3.3. The bleachers must ensure a space of at least 0.25 m2 per person. Likewise, a minimum space of 0.60 m between rows and a lateral aisle of at least 0.90 m for access to each row must be ensured.

35.2.3.4. Sanitary facilities for the public must be provided, duly enabled according to the Equal Opportunities Law for Persons with Disabilities No. 7600, its Regulation DE-26831 and its reforms or regulations that replace it.

There must be 2 toilets, 3 urinals, and 2 sinks for men for every 500 people, while for women there shall be 2 toilets and 2 sinks.

35.2.3.5. At least one common locker room per team must be provided with space for at least one wardrobe per player or participant. The space designated for the locker room must consider a minimum area of 0.50 m2 per person.

35.2.3.6. In the case of sanitary facilities for participants and players, one shower must be installed for every three people, two toilets and two sinks for women, and one urinal, one toilet, and one sink for men.

35.2.3.7. For equestrian fields, space must be considered for the jumping track and stable, according to the estimated number of horses, riders, trainers, caretakers, and other personnel.

As a minimum, an area of 75 m x 50 m can be allocated for six horses with their respective riders, trainers, and caretakers.

35.2.4. Bowling alleys (Boliches).

35.2.4.1. The available space for the bowling lanes will determine the quantity of them that can be built within the building. Each lane will have available space for four people.

35.2.4.2. The rest area must be designed for at least the simultaneous number of users who are on the bowling lanes. A required area of 0.70 m2 per person must be contemplated.

35.2.5. Stormwater drainage (Drenaje pluvial).

35.2.5.1. The lands destined for these facilities must have a stormwater drainage system that prevents water accumulation in the sports zones.

Bathhouses (Edificios para baño).

For restroom blocks (baterías de baños) in buildings or sports and/or recreation spaces, the standards shall be:

a. Shower service (capacity): For design purposes, the minimum capacity shall be one shower and one changing room for every four bathers.

b. Steam or hot air baths (capacity): The surface area of these premises must be calculated based on one square meter (1.00 m2) per locker or changing room, with a minimum of fourteen square meters (14.00 m2) and a height no less than three meters, fifty centimeters (3.50 m).

c. Coverings: The floors, walls, and ceilings must be covered with smooth, waterproof, easy-to-clean materials; the interior corners (floor-wall, wall-wall, wall-ceiling) shall be rounded or chamfered.

d. Ventilation: The ventilation system must be capable of removing the volume of air eight times per hour, in order to avoid a carbon dioxide concentration greater than six hundred parts per million by volume.

e. Lighting: If natural, the minimum area of windows must be equal to one-tenth of the floor surface area of the premises. In the case of artificial lighting, the electrical installations must be sealed with gaskets to prevent ambient humidity from penetrating pipes and fixtures. The bathhouse for public use must have emergency lighting installations.

f. Hydraulic installations: The hydraulic pipe and steam systems must be located in such a way that access to them for inspection, maintenance, and conservation is easy. All pipes must be identified with paint in accordance with the Official Standard for the Use of Colors and their Symbology, DE No. 12715-MEIC and its reforms or regulations that replace it.

The types of infrastructure to support telecommunication networks (towers and poles) must comply with the technical parameters defined by the DGAC and SUTEL, in congruence with the provisions of the Regulation to the General Telecommunications Law, Executive Decree No. 34765-MINAE, and the Standard Norms and Competencies of Public Entities for the Coordinated and Expedited Approval Required for the Installation or Expansion of Telecommunications Networks, Executive Decree No. 36159-MINAET-S-MEIC-MOPT, and their reforms or regulations that replace them.

In addition, the responsible professional must comply with the provisions of the General Regulation for Municipal Telecommunications Licenses established by the Municipality of Paraíso and its reforms or regulations that replace it.

Without prejudice to the exception for public buildings, established in the Construction Law (Ley de Construcciones), Law No. 833, and the provisions of the Regulation on Industrial Hygiene, Executive Decree No. 11492-SPPS and the Regulation of Industrial Zones for the Greater Metropolitan Area issued by INVU, and their reforms or the regulations that replace them, industrial and storage establishments must comply with the following aspects.

Coverage (Cobertura), setbacks, heights.

The maximum coverage (cobertura), setbacks, and heights for industrial and storage establishments must be those established by the Zoning Regulations.

In the event that permeable pavements are used in parking areas, 50% of the area waterproofed with this type of material must be accounted for in the calculation of coverage (cobertura).

The foregoing is without prejudice to the provisions established by the competent entities in environmental matters.

Minimum dimensions.

Industrial and storage establishments must have a minimum height of 2.50 m, except in sanitary facilities where it may be 2.25 m.

For each working person, the minimum surface area must be 2.00 m² free, and the minimum volume 6.00 m³ free.

Chimneys.

The chimneys of combustion appliances must have a minimum height of 5.00 m above the tallest building found within a radius of 25 m and end in an iron pipe with a wire mesh covering its mouth, to prevent the emission of ignition bodies.

The provisions of the Boiler Regulation (Reglamento de Calderas), Executive Decree No. 26789-MTSS and its reforms or regulations that replace it, must be complied with.

Boilers.

The installation of boilers must comply with the requirements established in the Boiler Regulation, Executive Decree No. 26789-MTSS, and the Regulation on the Emission of Atmospheric Pollutants from Boilers and Indirect-Type Furnaces, Executive Decree No. 36551-SMINAET-MTSS and its reforms or regulations that replace it.

Noise pollution control for industry.

In industries that produce annoying noises, the confinement of the machinery zone must be designed to comply with the provisions established in the Regulation for the Control of Noise Pollution, Executive Decree No. 28718-S, and its reforms or regulations that replace it.

Wastewater.

Wastewater (aguas residuales) must be treated according to the provisions of the Regulation for the Approval of Wastewater Treatment Systems, Executive Decree No. 39887-S-MINAE, the Regulation on the Discharge and Reuse of Wastewater No. 33601-MINAE-S, and the Regulation for the Subsurface Disposal of Treated Ordinary Wastewater No. 42075-S-MINAE, and their reforms or regulations that replace them. Subsequently, they can be disposed of in a sanitary sewer system or have the discharge permits for rivers and streams. Under no circumstances is the free discharge of industrial waste wastewater permitted.

Human safety and fire protection.

In industrial and storage establishments, compliance with the human safety and fire protection measures indicated by the Honorable Fire Department of Costa Rica must be guaranteed.

Without prejudice to the regulations and rules established by MINSA and MAG, through the Regulation on Pig Farms, Decree No. 37155-MAG and the Regulation on Poultry Farms, Decree No. 31088-S, as well as Executive Decree No. 37017-MAG "Authorizing the use of bovine cattle slurry as an improver of the physical, chemical, and microbiological characteristics of the soil" and their reforms or the regulations that replace them, agricultural and livestock use establishments must comply with the provisions herein.

Location and size.

The construction of these facilities is permitted only in the zones and sizes allowed according to the Zoning Regulations of the Municipality of Paraíso.

Classification.

Any construction with an area of less than 400 m2 used for sheltering animals is considered a stable (establo). It does not include infrastructure such as: warehouses, sanitary systems, and other necessary facilities to satisfy the needs of any activity carried out there.

Any structure exceeding 400 m2 in which animals are kept permanently or temporarily, whether for reproduction, breeding, fattening, sale, exploitation, or care, is considered a farm (granja). It also does not consider additional infrastructure for warehousing and storage.

Animal shelter.

Regardless of the size of the stable to be built, under no circumstances is the shelter of animals that exceeds its capacity permitted. To this end, the professional in charge of the design must ensure that the structure takes into account the space requirement according to the type of animal intended to be sheltered.

For these purposes, the professional must consider national and international regulations, and indicate on the design plans the maximum number of animals that will be permitted per structure.

In the event of doubts in this regard, the professional in charge of the design or the Municipality is empowered to escalate the technical inquiry to SENASA or the competent institution regarding the permitted number of animals.

Exception.

Open agricultural or livestock stables, corrals, cheese-making facilities (queseras), dairies (lecherías), and poultry sheds—all for self-consumption production—with an area of less than 150 m2 do not need to apply for a construction permit; however, they must process the minor works permit (permiso de obra menor).

In addition to the foregoing, under no circumstances is the shelter of more animals than those considered for subsistence, or the sum of all of them, permitted, as established in the Regulation on Pig Farms, Decree No. 37155-MAG and the Regulation on Poultry Farms, Decree No. 31088-S, and their reforms or the regulations that replace them.

In the event that an animal is not listed or if there are doubts regarding the procedure, the professional of the Municipality is empowered to escalate the technical inquiry to SENASA or the competent institution regarding the permitted number of animals.

Minimum distance.

The minimum distance between stables and farms must be 100 m measured between the closest points of the infrastructure used for animal shelter.

In the case of poultry, pig, or mixed stables, this minimum distance shall be 300 m between the closest points.

Poultry, pig, or mixed farms must respect a minimum distance of 500 m between the closest points of the animal shelters.

Setbacks.

Every stable and farm must maintain a setback of 35 m with respect to its boundaries and public roads. In the case of establishments that shelter pigs, they must comply with a setback of 50 m.

Aquaculture.

Any installation for aquaculture purposes, including ponds and waterproofed lagoons, shall be counted within the construction area of the project, and therefore must respect the regulatory setbacks.

Greenhouses.

Any installation for the cultivation and/or sale of plants, flowers, and vegetables; among others. As well as for the breeding and/or sale of animals, insects, such as butterflies or similar; shall be considered a structure and must comply with all the parameters indicated in the Zoning Regulations of the Municipality of Paraíso, such as: coverage (cobertura), setbacks, and height. Therefore, it must comply with the procedure and respective process to obtain the construction permit.

An exception to said process is established for those structures for self-consumption production purposes that have a construction area of less than 250 m2, a maximum value equivalent to ten base salaries, and that do not require the intervention of a professional in charge of their design and construction; for which they may opt to obtain the construction permit through the processes indicated in the Municipal Regulation for Minor Works (Reglamento Municipal de Obras Menores). Otherwise, they must comply with the provisions of this Construction Regulation.

Drainage.

Any agricultural or livestock facility with an area greater than 500 m2 must have drainage with the capacity to store and dispose of rainwater resulting from the intervention and waterproofing of the land.

To this end, it must have a rainwater collection system and comply with the provisions of Article 29 of this Regulation.

The construction of cemeteries is governed by the provisions of the General Cemetery Regulation (Reglamento General de Cementerios), Executive Decree No. 32833, its reforms, and regulations that replace it.

Places of public assembly are understood to mean:

a. Entertainment halls: theaters, cinemas, concert halls, and similar. b. Social centers: casinos, bars, restaurants, dance halls, private clubs, country clubs, and similar. c. Sports buildings: stadiums, gymnasiums, racetracks, and similar. d. Temples or places of worship. e. Funeral homes. f. Museums and similar.

The capacity of places of public assembly is calculated according to the occupant load factors and the requirements established by the Honorable Fire Department of Costa Rica. And all of them must comply with the Law to Ensure Exclusive Spaces for Persons with Disabilities in Public Spectacles No. 8306, and its Regulation Executive Decree No. 31948, the Equal Opportunities Law for Persons with Disabilities, No. 7600 and its Regulation, the Inter-American Convention on the Protection of the Human Rights of Older Persons, Law No. 9394, the Law of the Honorable Fire Department of Costa Rica, No. 8228 and its Regulation, and their respective reforms or regulations that replace them.

Setbacks.

a. When the building capacity is up to a maximum of 250 people, the setbacks shall be governed by the provisions of this Regulation.

b. When the capacity is between 251 and 500 people: the front setback shall be 6.00 m and one of the side setbacks shall be 3.00 m. The rear setback and the other side setback must respect the standard distance already indicated in this Regulation.

c. For a capacity between 501 and 750 people: the front setback shall be 6.00 m and both side setbacks shall be 3.00 m. The rear setback must respect the standard distance already indicated.

d. For buildings exceeding a capacity of 751 people: the front setback shall be 6.00 m and the other setbacks shall be 3.00 m each.

Clear height.

The clear height must never be less than 3.00 m. The volume of entertainment halls is calculated at a rate of 2.50 m3 per spectator as a minimum.

Connection with the public road.

The building must have direct access and exit to the public road or communicate with it by corridors, with a minimum width equal to the sum of the widths of all the circulation spaces converging onto it.

Lobbies.

Lobbies that connect to the public road or to the corridors that provide access to it must have a minimum surface area of 0.15 m2 per person. The total width of the doors that connect to the streets or corridors must be at least equal to 1.20 times the sum of the width of the doors connecting the interior of the hall to the lobbies.

Ticket booths.

There must be one ticket booth for every 1500 people for each type of ticket sold.

Its location must not interfere with the free circulation through the accesses or the public road. Furthermore, they must be placed in a visible location.

Seats (Butacas) and bleacher steps.

The use of bleacher steps as a seat is not permitted, except in sports buildings, where they shall have a minimum height of 0.40 m and a depth of 0.70 m.

For other types of venues, only the installation of seats fixed to the floor is permitted, with a minimum width of 0.50 m. The horizontal distance between contiguous backrests shall be 0.85 m and the minimum space between the front of one seat and the backrest of the next shall be 0.40 m.

The distance from the nearest seat to the screen or stage shall be half of the largest dimension thereof; however, in no case shall it be less than 7.00 m. Furthermore, rows that lead into two aisles may not have more than 14 seats; where they lead into only one aisle, the maximum number of seats per row shall be seven (7). All seats in the halls must be foldable.

Within these quantities and minimum distances, the provisions of the Equal Opportunities Law for Persons with Disabilities, Law No. 7600, and its respective Regulation and reforms or the regulations that replace it, must be considered for the preferential spaces reserved for persons with disabilities; and the provisions of the Comprehensive Law for the Older Adult, Law No. 7935, and its reforms or regulations that replace it, for preferential spaces for older adults.

Galleries and Balconies.

The front of galleries and balconies must be protected with a solid railing whose minimum height must be 0.70 m above the floor level. Likewise, this must be respected in cases where there are chairs placed on stepped platforms with a height difference between platforms of 0.50 m.

Booths.

The minimum dimension of a projection, broadcasting, recording, or similar booth must be at least 2.50 m wide by 3.00 m long and 2.25 m high.

In those cases where the projection booth is designed for projection and contains two projectors, the minimum size must comply with at least 4.25 m in width, by 3.00 m in length, and 2.25 m in height. The distance between the projectors must be at least 0.80 m and these must not communicate directly with the projection room. Only openings with a maximum opening of 0.30 m per side are permitted for the passage of projection light.

Circulation in sports facilities.

The spectator stands must have vertical evacuation routes at least every 9.00 m, with a width of 1.20 m, treads of 0.30 m, risers of 0.20 m, and a central handrail 0.90 m in height.

Every 10 rows there must be aisles parallel to the stands, with a minimum width equal to the sum of the width of the stairs that lead into them.

These provisions do not apply to those sports facilities that, by their nature, require compliance with specifications defined by international sports organizations.

Infirmary in sports facilities.

Facilities for sports spectacles must have a room for an infirmary, with medical equipment to resolve emergencies, in accordance with the enabling regulations of the Ministry of Health.

Exceptions.

Temples or places of worship must observe the provisions of the Reglamento para el funcionamiento sanitario de templos o locales de culto, Decreto N°33872-S and its amendments or the regulations that replace it.

Application.

Regarding their classification by type and by categories, the provisions established in the Reglamento Empresas de Hospedaje Turístico, Decreto Ejecutivo, N°11217-MEIC, and its amendments or the regulations that replace it, must be observed.

Lobby.

Lobbies must communicate directly with the exterior and must have a width not less than the total width of all the corridors that lead into it, with a minimum of 1.80 m.

Bedrooms.

The minimum area per bedroom must be 7.50 m2 with a width of no less than 2.50 m and a minimum height of no less than 2.40 m.

The bedroom area must be increased by a minimum of 6.00 m2 for each additional bed and its volume must be at least 13.50 m3. There must be at least 0.50 m of separation between beds.

Dining room, living room, and kitchen.

Dining rooms and living rooms must have a minimum area of 1.00 m2 per room, but in no case shall it be less than 10.00 m2 in area and 2.50 m in smallest dimension.

The kitchen room must have a minimum area of 0.50 m2 per room, but in no case shall it be less than 6.00 m2 or greater than 20.00 m2. The minimum width of the room shall be 2.00 m.

Acoustic insulation.

The constructed elements that serve as dividing or party walls must comply with the provisions of the Ministry of Health in its Reglamento para el Control de la Contaminación por Ruido, Decreto Ejecutivo N°39428-S, its amendments or the regulations that replace it.

Corridors.

Every corridor serving bedrooms must lead directly to the exits. The width shall be defined by the calculation of the occupancy load and cannot be less than what is required by the Reglamento de la Ley de Igualdad de Oportunidades para Personas con Discapacidad, DE N°26831 and its amendments or the regulations that replace it.

Doors.

The main door must have a minimum width of 0.90 m and a free height of 2.20 m and open outward or be a swing door. In no case shall the width of the entrance be less than the sum of the widths of the stairs and corridors that lead into it.

The construction of this type of building must have the prior approval of the Ministry of Public Education. The foregoing is in accordance with the plans, programs, and other determinations of the Educational Infrastructure Policy, which emanate from the Consejo Superior de Educación.

The construction plans must be prepared considering the Programa de Necesidades de Espacios Arquitectónicos of the Ministry of Public Education; in addition, the provisions established in the Reglamento de Requerimientos de Diseño Arquitectónico sobre Edificios para la Educación Pública y Privada en Costa Rica, decreto ejecutivo N°41103-MEP, and its amendments or the regulations that replace it, must be observed.

Buildings for health services must comply with the regulations of the MINSA and the provisions of the Norma para la Habilitación de Servicios, Decreto Ejecutivo N°41182-S, its amendments or the regulations that replace it.

Likewise, for the design of buildings for health services, as well as clinical or radiological laboratories, the provisions set forth in the Ley de Igualdad de Oportunidades para las Personas con Discapacidad, N°7600 and its respective Reglamento, Decreto Ejecutivo N°26831-MP, the Reglamento sobre la gestión de los residuos infecto-contagiosos que se generan en establecimientos que presten atención a la salud y afines, Decreto Ejecutivo N°30965-S, the Reglamento para la calidad del agua para consumo humano en establecimientos de salud N°37083-S, and their amendments or the regulations that replace them, must be complied with.

Area dimensions and minimum heights.

Buildings for health services must comply with the following provisions.

a. Spaces for consulting rooms and patient treatments: minimum height of 2.50 m from floor to ceiling.

b. Corridors: minimum height of 2.50 m from floor to ceiling.

c. Waiting areas, lobbies, and treatment rooms: minimum height of 3.00 m from floor to ceiling.

d. Procedure spaces: minimum height of 2.50 m from floor to ceiling.

e. Service areas: minimum of 6.00 m2 per bed in general wards and 9.00 m2 per bed in individual cubicles.

f. Hospitalization sections: minimum of 8.00 m2 per bed in general wards and 12.00 m2 per bed in individual rooms, including the complete sanitary service.

g. Surgery rooms: minimum height of 3.00 m above the finished floor level.

Materials and finishes.

All areas with potential for biological contamination must have non-slip, impermeable floors and impermeable wall coverings up to a height of 2.00 m.

Ventilation and temperature.

Natural ventilation must ensure air circulation and maintain a temperature that does not cause discomfort to the health of patients and workers, between 18°C and 24°C.

Potable water collection tank.

Buildings must have a capacity equivalent to the water consumption of the establishment for 24 hours, at a minimum, according to calculations approved by the MINSA.

Mortuary rooms.

At least one mortuary room must be provided, away from patient rooms, with direct access to the public road. Cleaning facilities and floor drains for disinfection must be considered.

Operating and recovery rooms.

They must have annexes for doctors, instruments, clothing, and hygienic services. It must be an area independent of the circulations of the medical center.

Acoustic insulation.

The constructed elements that serve as dividing or party walls must comply with the provisions of the Ministry of Health in its Reglamento para el Control de la Contaminación por Ruido, Decreto Ejecutivo N°39428-S, its amendments or the regulations that replace it.

The design and construction of all buildings intended for the care and teaching of older adults or persons with disabilities must comply with the measures established in the Ley de Igualdad de Oportunidades para las personas con Discapacidad, N°7600 and its Reglamento Decreto Ejecutivo N°26831-MP, Convención Interamericana Sobre la Protección de los Derechos Humanos de las Personas Mayores, Ley N°9394, as well as the Manual de Normas para la Habilitación de Establecimientos que Brindan Atención en Centros para Personas con Discapacidad, Decreto Ejecutivo N°32831-S, and their amendments or the regulations that replace them.

The construction aspects of nursing homes and buildings intended for use by persons with disabilities are regulated by the provisions shown below:

Sanitary services: The shower and the toilet must be combined in a single space without room separation, with the possibility of providing the use of removable elements to separate them. The height of the washbasin must be eighty centimeters (80 cm); the maximum height of the toilet must be fifty centimeters (50 cm). The faucets for the toilet, the washbasin, and the shower must be adapted to the type of persons with disabilities. The bathtub must not have steps or walls on the floor.

Garage: A garage or carport space must be provided with direct, stepless access to the dwelling, with a minimum width of 3.50 m and an electrically operated lock if there is a gate.

Main door: In the main door, or next to it, a small drawer accessible from both the interior and exterior must be provided for the deposit of packages, with a minimum height of ninety centimeters (90 cm) and a maximum of one hundred centimeters (100 cm).

Minimum dimensions: The following spaces must have the minimum dimensions indicated below:

a. Corridors: one hundred twenty centimeters (1.20 m).

b. Lobbies: one hundred forty centimeters in width by two hundred forty centimeters in length (1.40 m x 2.40 m).

c. In kitchens, the aisle between cabinets shall be one hundred forty centimeters (1.40 m).

d. In the bedroom, a minimum free space next to the bed, of one hundred twenty centimeters (1.20 m). On the side toward which the doors open, a free space must be left of no less than one hundred seventy centimeters (1.70 m) in length and fifty centimeters (0.50 m) in width to allow the placement of a wheelchair.

e. The height of spaces intended for waiting rooms, lobbies, and daytime activity rooms must have dimensions that allow the stratification of hot air; therefore, it shall not be less than four meters (4.00 m) and the minimum surface area of the latter shall be six square meters (6.00 m2).

f. Terraces or balconies. When terraces or balconies are provided, they must be designed with easy access and protection against the elements.

Alarms: Alarms must be installed in the following manner:

a. Interior alarms perceptible from the exterior.

b. In bathrooms, perceptible both from the interior and the exterior.

c. The controls shall be at a minimum height of ninety centimeters (0.90 m) and a maximum of one hundred twenty centimeters (1.20 m).

Doors: In the case of doors, they must be designed under the following standards:

a. Whenever possible, sliding doors shall be used.

b. In bathrooms, doors shall be made of material resistant to strong impacts and shall open outward.

c. Handles and grips that are easy to maneuver with automatic locks shall be installed.

d. When open, they shall leave a minimum clear opening of ninety centimeters (0.90 m).

e. Protectors. Protectors made of material resistant to continuous rubbing shall be placed along corridors, walls, doors, and on corners, both inside and outside, at a height of sixty centimeters (0.60 m), with a width of no less than ten centimeters (0.10 m). Take into consideration sunlight levels in waiting and circulation areas; strong protection against direct and diffuse radiation is necessary: using blinds, lattices, overhangs, among other solutions.

f. Accessibility. All habitable rooms must be accessible, requiring the use of elevators if necessary.

g. Furniture. In furniture, shelves shall have a minimum height of sixty centimeters (0.60 m) and a maximum of one hundred twenty centimeters (1.20 m).

Installations: When there is a possibility of contact with hot water installations, these must be insulated. Showers shall have a thermostat for automatic temperature control. All water temperature controls shall have a maximum height of one hundred centimeters (1.00 m) and a minimum of sixty centimeters (0.60 m) and shall be easy to handle. The doorbell button for exterior doors must be placed at a minimum height of ninety centimeters (0.90 m) and a maximum of one hundred centimeters (1.00 m).

Ventilation: Adequate ventilation that allows air renewal.

In very humid climates, construction separated from the ground (stilts) is recommended to obtain greater exposure to breezes. In very humid areas, locations close to forests are not recommended, as they increase environmental humidity and obstruct the passage of wind. For their part, locations close to rivers or lakes must guarantee air currents that prevent the stagnation of humidity.

Promote air circulation through ventilation openings. For this, openings shall be placed on opposite facades (sunny and shaded), or on different floors to promote thermal draft, with the inclusion of corridors being advisable.

The following premises are considered as "food outlets": kitchens of restaurants, hotels and similar, soda fountains and snack bars, butcher shops and fishmongers, food product factories, bakeries, pastry shops, and similar.

All buildings that provide food services to the public must comply with the provisions of the Reglamento de los Servicios de Alimentación al Público, Decreto Ejecutivo N°37308-S and the Código de Instalaciones Hidráulicas y Sanitarias en Edificaciones; for both cases, their amendments or the regulations that replace them must be considered.

Sanitary services.

The following elements must be provided for the employees of the premises.

a. Sanitary services that must be completely isolated, for both men and women.

b. A washbasin and a wash sink, separated from each other.

c. A cloakroom, with a minimum space of 0.60 m2 per worker so they can change.

d. An independent shower or one in each group of services.

Butcher shops and fishmongers.

Premises where meat is sold or processed must have a minimum surface area of 16 m2 and a minimum height of 3.00 m.

Without prejudice to what is indicated in the Reglamento de Zonificación del Plan Regulador de Paraíso, regarding the minimum lot frontage for segregation purposes and the zones where Land Service Stations, commonly known as Gas Stations, are permitted, these must comply with the provisions of the Reglamento para la Regulación del Sistema de Almacenamiento y Comercialización de Hidrocarburos, Decreto Ejecutivo N°30131-MINAE-S and its amendments or the regulations that replace it.

Human safety and fire protection.

Service stations and fuel storage facilities must guarantee compliance with the human safety and fire protection measures indicated by the Benemérito Cuerpo de Bomberos de Costa Rica, without prejudice to the provisions of the Reglamento para la Regulación del Sistema de Almacenamiento y Comercialización de Hidrocarburos, Decreto Ejecutivo N°30131-MINAE-S and its amendments or the regulations that replace it.

For all trench construction, the Reglamento de Seguridad en Construcciones, Decreto Ejecutivo N°40790-MTSS and its amendments or the regulations that replace it must be complied with, as well as the provisions of AyA, MOPT, ICE and SUTEL or the competent authority as applicable.

Likewise, the responsible professional must observe the following provisions: 1) Standards established in the Código de Cimentaciones de Costa Rica. 2) International standards and norms related to ducts and conduits for the deployment of telecommunications networks issued by the ITU, ANSI/TIA, ISO/IEC. 3) Manual para Redes de Distribución Eléctrica Subterránea in its current regulations, according to the company providing the service.

Trench excavations.

All trench excavations must comply with the following provisions:

a. Follow the horizontal axis of the respective pipes in accordance with the approved plans.

b. A minimum width compatible with the coupling of the pipes and efficient compaction of the backfill.

c. Facilitate backfilling and ensure its efficiency by separating soils of different qualities.

d. Ensure a uniform seat on the bottom of the projected grade line.

e. Replace the bedding soil to a minimum depth of 0.15 m, with ballast or another suitable soil.

Trench backfilling.

On streets that must support traffic considered as heavy, without prejudice to the provisions of the Manual Especificaciones Generales para la Construcción de Caminos, Carreteras y Puentes CR-2020, made official through Decreto Ejecutivo N°43397-MOPT and its amendments or the regulations that replace it; cohesive backfill soils, of any class, must be replaced by suitable granular soils.

For trench backfilling, the following provisions must be met:

a. The backfill of the lower part of the trench, below and around the pipe and up to 0.40 m above its top crown, must be done with selected material compacted according to its specification.

b. The backfill must be done in layers with a maximum thickness of 0.10 m, measured in loose soil, and compacted uniformly along the entire length of the trench. The compaction must reach 95% Modified Proctor.

c. Partial substitution of backfill material in only some layers is not accepted. If substituted, the entire backfill must be worked with the new material.

d. The zone of the trench that is backfilled with soil may use material from the same site or from another source. Its compaction must be done in maximum thicknesses of 0.15 m.

e. For zones that must support heavy traffic, cohesive backfill soils of any class must be replaced by suitable granular soils.

f. The backfill materials must have a maximum size of 0.025 m (2.5 cm).

Prohibitions.

The following is prohibited:

a. Densification by simple consolidation.

b. The use of expansive, highly plastic, organic backfill material, or material contaminated with any residue.

c. The use of rubble and construction waste.

Pipes.

Regarding the placement of potable water, sanitary, and stormwater network pipes, the stipulations of the Norma Técnica para Diseño y Construcción de Sistemas de Abastecimiento de Agua Potable, de Saneamiento y Sistema Pluvial of AyA, its amendments or the regulations that replace it, must be complied with.

Underground structures for power networks.

The design of these structures must comply with the provisions of the Normas de canalizaciones telefónicas issued by SUTEL, and the current Manual para Redes de Distribución Eléctrica Subterránea of ICE, CIEMI, CNFL, ESPH or their current regulations. In addition, the regulations and international best practices related to the design and implementation of telecommunications networks, established by the ITU, ANSI/TIA, ISO/IEC, must be complied with, as well as those established by SUTEL regarding the shared use of infrastructures used for this purpose.

Regarding the placement of electrical power and telecommunications networks, the provisions issued by SUTEL and the Manual para Redes de Distribución Eléctrica Subterránea must be complied with.

For the placement of a public transport terminal, feasibility and demand studies must be submitted to the Municipality, complying with the requirements and criteria stipulated in the Reglamento de Mapa Oficial de la Municipalidad de Paraíso.

Regarding its design and construction, the following guidelines must be respected.

Accesses.

The terminal must have at least one clearly differentiated entrance and one exit (for the case of bus terminals, preferably from different streets). Each access must have a minimum width of 6.50 m and an internal radius of at least 8.00 m free of any obstacle.

Exits.

Similar to the accesses, the terminal must have at least two exit doors located in different locations. Each door must have a minimum width of 1.80 m and must open outward. When the capacity of the facility is greater than 1000 people, an additional door must be provided for every thousand people.

If the building has more than one floor, emergency exits must be placed for each floor or premise with a capacity greater than 100 people. Emergency exits must communicate to the street directly or by means of independent corridors.

Platforms.

At least one platform per route must be designated. However, branch lines serving the same route or nearby geographic areas are permitted to share the same platform, as long as it has the capacity to serve the totality of vehicles and users.

Platforms for boarding and alighting of users must be covered and raised at least 20 centimeters above the level of the roadway.

Waiting room.

The waiting room must be designed to accommodate the number of users who would wait for the arrival of the service during the most critical 15 minutes of the day, that is, when the largest number of passengers depart. If the room is used by users of several routes at the same time, the area must contemplate the capacity to accommodate all of the users for all the routes.

Only the installation of seats as sitting furniture is permitted. The width of the seats shall be 0.50 m and these must not obstruct the spaces that are used as aisles for the transit of users; a distance of 1.20 m shall be provided for the width of these aisles.

If rows of seats are placed facing each other, a space of 1.20 m must be provided between the front of one row of seats and the front of the other when the seats are placed facing each other. In the event that they are placed with one row of seats facing the back of the next row, the distance may be reduced to 0.60 m.

The seats must be fixed to the floor, and a maximum of seven seats in a row may be placed for each side aisle that provides access to them.

Ticket sales and administrative services.

A space for ticket sales must be set up in a visible area that does not obstruct the free transit of users inside or outside the terminal. There shall be one ticket window for each type of ticket for every 750 people who use the terminal during peak hour.

Similarly, an information and control office must be created in a visible location that does not obstruct free circulation through the accesses.

Commercial premises and kiosks.

Every commercial premises located inside the terminal must have a minimum free height of three meters (3.00 m) and an area of 10.00 m2. In the case of commercial kiosks, the height may be reduced to 2.50 m and the area to 4.00 m2.

Sanitary services.

The sanitary facilities must be separated for each sex and must have a common or individual lobby. In the case of men's services, two toilets, three urinals, and two washbasins must be provided for every 400 people; while for women, two toilets and two washbasins must be provided for every 400 people. At least one facility for persons with a disability must be included. If there are several floors, the distribution shall be made according to the uses permitted on each one.

For the construction of buildings and parking lots, with respect to the required number of sanitary fixtures, their technical specifications, and bathrooms, the responsible professional must observe the provisions established by the CFIA in the current CIHSE, without prejudice to national regulations on the matter.

Mandatory signage.

Signs must be placed in visible locations that inform about: corridors, stairs, elevators, changes in the direction of circulation, direction of exits to the exterior, danger zones, and exposed installations of any type.

Likewise, signage for exits to the exterior, platforms indicating the destination and departure time of services for each route, ticket sales, changes in level, and location of sanitary services must not be omitted.

Exemptions.

As long as the Municipality considers it so, the design and construction of railway stations and terminals may be omitted from these provisions, which must comply primarily with what is regulated and dictated by the Instituto Costarricense de Ferrocarriles (INCOFER), as provided by Ley N°7001 Ley Orgánica del Instituto Costarricense de Ferrocarriles (INCOFER).

For all demolitions, the provisions of the Ley de Construcciones N°833 and the Reglamento de Seguridad en las Construcciones, decreto ejecutivo N°40790-MTSS and its amendments or the regulations that replace it, apply. The rubble resulting from demolitions must be disposed of in accordance with the Ley para la Gestión Integral de Residuos N°8839 and its Reglamento Decreto Ejecutivo N°37567-S-MINAET-H and its amendments or the regulations that replace it.

In the event that demolitions are carried out with mechanical equipment or facing a public road, the provisions of the Reglamento de Construcciones del Instituto Nacional de Vivienda y Urbanismo (INVU) must be observed.

If other demolition methods are used, a technical study prepared by the responsible professional must be provided, determining the type of method and the respective procedure to follow.

In accordance with the Reglamento General sobre los Procedimientos de Evaluación de Impacto Ambiental (EIA) Decreto N°31849-MINAE-S-MOPT-MAG-MEIC, all activities, works, or projects indicated in Anexo N°1 of said regulatory body must comply with the environmental impact assessment (EIA) process, while the rest of the activities, works, or projects shall be governed by the provisions of Anexo N°2 of the same, without prejudice to contrary provisions established by the Environmental License duly approved by SETENA for the Plan Regulador of the canton of Paraíso. In addition, in cases where an environmental impact assessment is requested, it must be carried out for the complete project, even if it is planned to be developed in stages.

Projects located in environmentally fragile areas according to Anexo N°3 of decree N°31849-MINAE-S-MOPT-MAG-MEIC and its amendments shall require an Environmental Impact Assessment.

In all cases where the environmental assessment is required, it must be provided as part of the requirements for requesting a construction permit or license at the Municipality.

These are licenses for the restoration or rehabilitation of buildings declared as historical, architectural, archaeological, and natural heritage. Any interested party in carrying out material acts of restoration, rehabilitation, repair, or construction and, in general, any act that may affect the historical fabric or cultural value of the building declared as heritage, must process the respective permit before the Dirección del Centro Nacional de Patrimonio, observing the provisions of the Ley de Patrimonio Histórico Arquitectónico N°7555 and its Reglamento, Decreto N°32749 and its amendments or the regulations that replace it.

All work related to public or private construction, whether permanent or temporary, must be subject to the prior obtaining of a license from the Municipality, authorized through a responsible professional, Engineer or Architect incorporated into the respective Colegio. Notwithstanding the foregoing, public buildings to be constructed by the Government of the Republic, or by other State dependencies, provided they are authorized and supervised by the Dirección General de Obras Públicas, shall not require a construction permit or license in accordance with art. 75 of the Ley de Construcciones No. 833 and its amendments or the regulations that replace it. For the effective application of the foregoing, and in consideration of due communication and coordination of institutional competencies, the public administration entities must notify the Local Government of the works to be carried out, as well as indicate the professional responsible for them.

Likewise, the following actions are subject to a license:

a. Urban renewal works.

b. Earthworks (movimientos de tierras), unless they are detailed and scheduled as works within a duly approved or authorized urbanization or building project.

c. Demolition and excavation.

d. The placement of antennas or telecommunications devices of any kind and the installation of electrical and telephone lines, underground networks, or other similar infrastructure. When such placement is carried out by ICE, or by public or private companies legally constituted for these purposes, what is required is adequate coordination in accordance with the law establishing said institution. In these cases, the corresponding regulations must be observed.

e. The construction and installation of urban furniture on public space, in accordance with the provisions of the Official Map Regulation (Reglamento de Mapa Oficial) of the Regulatory Plan.

f. The placement of signs, billboards, and advertising fences visible from the public thoroughfare.

Excluded from this article are those works that meet the characteristics of a minor work (obra menor) as indicated in Article 60 of this regulation.

To obtain the construction permit, the requirements established in the Regulation of Requirements for Municipal Licenses and Procedures (Reglamento de Requisitos para licencias y trámites municipales) published for this purpose by the Municipality of Paraíso must be met; however, in the absence thereof, the provisions of the INVU Construction Regulation (Reglamento de Construcciones del INVU) and its amendments or the regulations that replace it may be applied supplementally.

For the purposes of this Regulation, the responsible professionals of engineering and architecture are considered to be active persons incorporated, according to their profession, to the respective Professional Association (Colegio Profesional) and affiliated with the Federated College of Engineers and Architects of Costa Rica (Colegio Federado de Ingenieros y de Arquitectos de Costa Rica), hereinafter CFIA, with the powers and responsibilities set forth in Construction Law No. 833 (Ley de Construcciones N°833), the Organic Law of the Federated College of Engineers and Architects No. 3663 (Ley Orgánica del Colegio Federado de Ingenieros y Arquitectos N°3663), as well as other regulations determined by the respective Professional Association.

The responsibility, for the architectural, structural, earthworks (movimientos de tierra), electromechanical design, as well as for any specialty, lies with the professional who acts as the responsible party on the respective plans. Compliance with the standards of this Regulation and related laws, as well as any regulation or norm concerning a specific construction, is the full responsibility of the professional. Approval by the different institutions, as well as by the Municipality in terms of construction plans, does not relieve the responsible professional of errors or omissions therein, for which responsibility rests with them.

The International System of Units of Measurement is the only one that must be used in calculation reports, in plans, and in any other document concerning construction. In cases of materials manufactured according to special gauges, such as rebar, wires, or sheets, the number of that gauge shall be used to designate them. The foregoing is in accordance with the provisions of the Law Requiring Use of the International System of Measurement Units "SI" Metric Decimal (Ley Uso Exigido Sistema Internacional Unidades Medida "SI" Métrico Decimal), Law No. 5292 and its amendments or the regulations that replace it.

The responsible professional must process the construction permit for any type of work subject to said license, for which they must use the platforms and mechanisms provided by the Municipality and other relevant institutions, as well as follow the guidelines stipulated in this Regulation, without prejudice to the Municipality of the canton of Paraíso requesting additional documents that are officially published and disseminated; or that differs from the provisions of the Law for the Protection of the Citizen from the Excess of Requirements and Administrative Procedures (Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos), Law No. 8220, its amendments or regulations that replace it.

For these purposes, the technical documentation for each type of project is classified and placed on the official website for construction procedures, the mandatory compliance of which is established by the Regulation for the Officialization of the Official Portal of the Government of Costa Rica for Construction Procedures (Reglamento de Oficialización del Portal Oficial del Gobierno de Costa Rica para Trámites de Construcción), Executive Decree No. 33615 MP-MEIC-SALUD-MIVAH and its modifications, amendments, or regulations that replace it. Furthermore, the provisions established in Executive Decree No. 36550-MP-MIVAH-S-MEIC Regulation for the Review Procedure of Construction Plans (Reglamento para el Trámite de Revisión de los Planos para la Construcción) or the specific regulations issued by the Municipality must be complied with.

In the case of information available by digital media or that which is issued by the Municipality itself, it shall not be requested from the managed party (administrado), but rather the same shall be verified or processed internally by the municipality, through the available digital means. However, the managed party must indicate the necessary data for their respective identification, be it the official letter number, application consecutive number, control number, or any other corresponding data or identification number for its traceability.

Prior to granting the respective permit, the Municipality may conduct an inspection in order to verify the compliance and veracity of the requirements provided by the interested party. It may also take place during and after the construction process.

If, during the course of the plan review process or the processing of the construction permit, the Municipality requests justified changes to the construction plans, these must be made using the platforms and mechanisms provided by the Municipality and other relevant institutions. This process will automatically update the information, so that all institutions can verify the incorporation of the observations made for the purposes of inspecting the works.

For all purposes of a differentiated procedure, any non-industrial construction that meets the criteria established in the Municipal Regulation for Minor Works (Reglamento Municipal de Obras Menores) published by the Municipality of Paraíso is considered a minor work (obra menor).

These works shall not be processed through the APC digital platform, and all their requirements shall be submitted physically, printed on paper, or digitally, as provided in said Regulation mentioned above.

In the event that the applicant meets all the requirements established in this Regulation, the construction permit or license shall be issued to them, which must be placed in a visible location on the work site to facilitate the municipal inspection process. The Municipality shall conduct an inspection or field visit in order to verify compliance with the conditions of the granted license, for which the professional responsible for the work may also notify the Municipality of its commencement.

However, notwithstanding the foregoing, in accordance with the Urban Planning Law (Ley de Planificación Urbana) and its amendments, and without prejudice to compliance with the specific requirements of the Construction License procedure, the following shall be grounds for denial:

a. When the property owner is in default in the payment of municipal taxes.

b. When they do not conform due to reasons of use, location, front and side setbacks (retiros), lot coverage (cobertura), height, or residential density, and other zoning conditions.

c. If the property of the building originated from a subdivision (fraccionamiento), urbanization, or condominium carried out without the approval of the law.

d. Whenever the interested party tries to use parcels without urbanization requirements or lacking adequate access to the public thoroughfare in accordance with the provisions of the Regulation for Subdivisions and Urbanizations (Reglamento de Fraccionamientos y Urbanizaciones) of the Regulatory Plan of the canton of Paraíso.

e. As long as it is prohibited by some limitation imposed by a reservation for public use or a formal declaration of inhabitability of the area, motivated by urban renewal or protection against floods, landslides, and other evident hazards; and f. In other cases indicated in this Regulation or those determined by supplementary application of Construction Law No. 833 and its amendments, or the INVU Construction Regulation.

g. Failure to place the construction license sign in a visible place shall empower the Municipality to apply the sanctions contained in Art. 73 of this Regulation.

In accordance with article 89 subsection f) of Construction Law No. 833, the professional responsible for a work must notify the Municipality when it has been completed. For its part, as soon as the Municipality receives the notice from the responsible professional, it shall proceed to verify, through a Municipal Inspector, that everything built conforms to the authorized plans and shall issue written certification of such situation. No building subject to the rules of this Regulation may be occupied, regardless of its intended use, without the acceptance of work (recibo de obra) stipulated in this article.

In case of non-compliance with the rules of this article, the Municipality is empowered to close the work.

Any work that is built or rebuilt henceforth facing a public thoroughfare must conform to the alignment of the Municipality in the case of roads of the cantonal road network, or of the Ministry of Public Works and Transport (MOPT), in the case of a national route, or of INCOFER for alignments with respect to railways. To request alignments and levels on a cantonal route, the interested party must submit the requirements as established in this Regulation.

Any alignment granted by this Municipality shall remain in force until a new modification of the Regulatory Plan is made.

In cases where the construction is located on properties that contain or border on:

a. protection areas for bodies of water according to the provisions of Forestry Law No. 7575 (Ley Forestal N°7575), its amendments or regulations that replace it, the corresponding alignment must be requested from INVU.

b. high-voltage lines or wind towers (wind turbine), the alignment application must be processed before the ICE Transmission Division or the competent entity providing the service.

c. any other alignment that is necessary according to the competent institutions for granting them.

In accordance with the relevant regulations on the matter, a Work Risk Policy is required. The policy must be registered in the name of the project owner or the professional responsible for the work; in the case of open policies, the pertinent legislation for worker protection must be complied with.

Every application for a construction license must be resolved within a term of thirty calendar days, counted from the day following its submission.

The Municipality may request the opinion of other institutions or request the extension of information from the interested party to make the final decision.

The Administration shall grant the interested party up to ten business days to complete or make clarifications; once these have elapsed, the computation of the remaining period provided for resolution shall continue.

The validity of the construction license is governed as follows:

Every license shall have a validity of one year to begin the work, counted from its granting; if the work is not started within that period, the validity of the license shall expire and the amount paid for the construction tax shall not be refunded.

Once the validity period of the license has expired, if the managed party still wishes to build the work, they must apply for a new license, for which they must comply with all the procedures and requirements established in this Regulation. They must also adjust the work, quantitatively and qualitatively, to the urban regulations in force at that time, having no acquired or consolidated right in their favor.

Prior to the expiration of the license, the interested party may request a single extension for the same original period thereof, updating all their documents (including the policy, CFIA approval, institutional documents) and the value of the work; the assigned difference must be paid by the interested party according to the corresponding tax amount.

Prior to the start of the works, the interested party must pay the Municipality the construction tax through the mechanisms it provides, which shall be one percent of the construction value according to the appraisal of the Federated College of Engineers and Architects or of the Municipality, as required.

Public institutions that execute the work with their own resources or through companies shall not pay the tax, provided their responsibility is established in the respective contract.

For social interest housing and/or projects, fifty percent (50%) of the aforementioned tax shall be charged.

Regarding social interest housing and/or projects, the applicant must provide a declaration of social interest from an institution of the National Housing Financial System.

In the cases of community interest works, the requirements shall be as follows:

a. Project of the work presented in writing and endorsed by the Integral Development Association of the population.

b. Must present and demonstrate the sources of financing of the community work by all evidentiary mechanisms permitted by law and that are lawful.

Without prejudice to what is indicated by Construction Law No. 833 in its articles 93 to 97, its amendments or the regulations that replace it, when a building, construction, or work has been completed without a license or project approved by the Municipality, or non-compliance is detected with respect to a construction license granted by the Municipal Corporation, the latter is empowered to notify the owner and request that they proceed to process the license application, or the corrections it determines, within a period of 30 business days, complying with all the requirements indicated in this Regulation, as well as those established in the Zoning Regulation (Reglamento de Zonificación) of the Regulatory Plan.

If the deadline set by the Municipality expires without the owner having complied with the established order, the period may be extended by half of the initial time, provided the owner presents the corresponding evidence that the necessary procedures to correct the situation incurred are being carried out.

If the owner presents the approved project, the Municipality shall verify that everything has been executed according to it and that the required provisions are satisfied. In the event that it is not presented, or the required modifications are not made, the Municipality shall order the destruction of the defective parts, shall not authorize the use of the construction, and shall order its eviction and closure, charging the costs of the operation to the owner.

For the respective procedure, the owner of the construction is obliged to pay the respective amount for the construction tax, as well as a fine as stipulated below:

The inspector must leave a notification record addressed to the owner or the responsible Engineer at the property location. The notification must indicate: the lot area, the lot coverage (cobertura), and the maximum height of the construction; with which, the maximum area to be built on the lot shall be calculated, and having the potential size of the work, its value shall be established by multiplying the calculated number of square meters by the value of the square meter of construction. In this way, the value of the fine to be paid shall be one percent of the total estimated value of the work. The value of the square meter of construction shall be that established in the Value Estimation Table (Tabla de Estimación de Valores) of the Federated College of Engineers and Architects.

Furthermore, in the case of works built without a license where it is demonstrated that what is built is completely finished and will not undergo changes or alterations, the exemption from the work risk policy may be requested from the corresponding insurer.

The placement of outdoor advertising requires a construction license or permit from the Municipality of the canton of Paraíso, so interested parties must submit to the provisions indicated in this Regulation, as well as in the Official Map Regulation (Reglamento de Mapa Oficial) and the Zoning Regulation (Reglamento de Zonificación) of the Regulatory Plan of Paraíso.

Every interested party must apply for the respective construction license when the advertising element meets any of the following characteristics:

a. It is fixed to the building by means of structural supports or anchors.

b. It has an independent support that requires structural design.

c. It has an area greater than one square meter (1.00 m2).

d. It requires mechanical elements that provide light or movement.

Regarding the placement of signs facing routes of the National road network, interested parties must previously process the respective License from that agency before the Ministry of Public Works and Transport (MOPT), all in accordance with Decree No. 29253-MOPT, Regulation on rights of way and outdoor advertising of the cited Ministry.

In addition, banners and any advertising works that do not meet the conditions mentioned in Article 70 shall be exempt from a construction license.

The signage must be placed in such a way that it does not interrupt the urban landscape, preventing the visualization of plazas, monuments, architectural or heritage elements, or any other element of high landscape value.

Every sign must respect a minimum horizontal distance of 15.00 m from the vertex or corner of a street.

In all cases, signage must be placed in such a way as to guarantee 80% of the facade free of visual interference; however, its area may never be greater than what is provided in the following cases:

a. In residential zones, only signs with an area of less than one square meter (1.00 m2) that announce the name of the establishment and/or the type of service it provides are permitted.

b. In establishments with a surface area of less than 200 m2, the maximum sign size shall be 3.00 m2, and no more than one per licensee may be exceeded.

c. When the surface area of the establishment is between 201 m2 and 500 m2, a sign with an area of no more than 5.00 m2 is permitted.

d. For establishments with an area between 501 m2 and 1000 m2, only one sign attached to the facade and one sign with independent support (Totem type) that do not exceed 6.00 m2 are permitted.

e. In establishments larger than 1000 m2 and with an area equal to or less than 2000 m2, two signs attached to the facade and one with independent support (Totem type) of no more than 9.00 m2 of surface area each are permitted. In no case may the total area exceed 20 m2.

f. For establishments that exceed 2001 m2, two signs attached to the facade with no more than 20.00 m2 in total and one sign with independent support not exceeding 15.00 m2 are permitted.

In no case shall signs have a maximum area of 0.50 m2 per linear meter of property frontage, and they may only be installed on properties with a minimum area and frontage as indicated in the Zoning Regulation (Reglamento de Zonificación) of the Municipality of Paraíso.

Every sign must be placed at a height of no less than 2.50 m and may not exceed the maximum level of the building's upper cornice (precinta). If there is no building, a maximum height of 3.00 m is permitted.

In the event that the sign has independent support, its maximum height may not exceed one third of the width of the right of way it faces.

Support structures for advertising or information signs intended to be located on sidewalks (including MUPI-type signs) shall be governed by what the Municipality of Paraíso stipulates in the autonomous regulations it promulgates for these purposes; however, in their absence, MUPI signs are only permitted when they leave a free space of obstacles of 1.20 m starting from the street curb on the sidewalk. The advertisement must have a dimension of 1.20 m maximum width and a maximum height of 1.70 m. Likewise, it must be separated from another MUPI by a minimum distance of 3.00 m.

Advertising fence-type signs (rótulos tipo tapia) must be located within private properties and may only be installed to close lots during the construction process. Their maximum height shall be 3.00 m, and if they have lighting, it must be placed within the property line.

It is permitted to place them only during the construction process, so they may be placed solely and exclusively when the construction stage of the project approved by the Municipality begins and must be removed upon its completion.

Its maximum area must comply with the provisions of Article 73 of this Regulation.

Billboard-type signs (rótulos tipo valla) must establish the supports of their bearing structure within private property, and it shall be the applicant's responsibility to maintain the property in such a way that the land is kept clean and with the grass cut.

The height of the billboard cannot exceed 15.00 m with respect to the sidewalk level, and the maximum area shall be 0.50 m2 per linear meter of property frontage, provided it does not exceed 50.00 m2.

The placement of billboards on buildings and constructions, on properties with single-story buildings, within a radius of 300 m from monuments, buildings, and sectors declared national heritage, on road curves, or at a distance of 35 m from a traffic signal is expressly prohibited. Furthermore, for the placement of signs, awnings, banners, plaques, or any other type of external sign on the facade(s) of a property of historical-architectural interest, the interested party must, at a minimum, respect the provisions established in the Regulation to the Law on Historical Architectural Heritage of Costa Rica (Reglamento a la Ley de Patrimonio Histórico Arquitectónico de Costa Rica), Executive Decree No. 32749-C, and its amendments or the regulations that replace it.

In places with a grouping of several commercial and/or industrial establishments, the installation of multi-signs for the publication of advertisements is permitted, which must be placed completely within private property.

In these cases, the individual sign of each premises may not exceed 3.00 m2, and the structure is permitted to have several faces for the placement of the signs.

Regarding signage, the following is prohibited:

a. Signs perpendicular to the facade.

b. The permanent use of inflatables.

c. The placement of signs in places that obstruct the view of traffic signals.

d. The use of trees, posts, or traffic signals for pasting up advertisements.

e. The signage on balconies, reliefs, or others, except for eaves and marquees.

f. The use of signs that, due to their elements (colors, symbols, dimensions, lights, or others), may be confused with traffic signals.

g. The parking of vehicles equipped with mobile electronic screens on roadways.

h. The installation of signs with artificial light in protected zones or zones with urban growth limitations.

i. Signage that uses reflections of concentrated intense light, variations between absolute darkness and light, or harmful contrasts of vivid colors.

j. No type of outdoor advertising may be installed in the right of way of public streets of the cantonal road network; likewise, any structure for this purpose shall be subject to the maximum height conditions of the zone where it is located.

k. Any sign that impairs the visibility, lighting, or ventilation of the areas of the openings, balconies, windows, or doors of the adjacent buildings or the building itself.

l. If the building directly borders the roadway, the placement of any type of sign that projects over it is prohibited.

Those signs that require and/or use artificial light must be installed only in places that do not interfere with the visibility or operation of traffic signals, where they do not cause glare to drivers and pedestrians, and in sites whose speed limit is less than 60 km/h.

The image dwell time on the screen must be eight seconds with a transition of less than 0.1 s. The screen must be equipped with an attenuation control system and automatic adjustment of light intensity according to natural conditions. In the event of a malfunction, the screen must have a mechanism that freezes its content.

Regarding maximum luminance, 500 cd/m2 is permitted in commercial, mixed, and industrial areas; 350 cd/m2 in residential areas; and 300 cd/m2 in other areas indicated in the Zoning Regulation (Reglamento de Zonificación) of the Municipality of Paraíso.

Temporary signs must be located within private property and therefore cannot extend into the right of way or onto adjacent properties. For this purpose, the placement of one or several banners is permitted, provided their combined areas are equal to or less than 20% of the total external enclosure surface visible from the public thoroughfare and do not exceed 20 m2. Signs within this category must have a maximum duration of 30 calendar days or less.

For the placement of signs, awnings, banners, plaques, or any other type of external sign on the facade(s) of a property of historical-architectural interest, the interested party must, at a minimum, respect the following provisions:

a. Dimension: The dimension of the object or external sign to be placed on a facade must correspond proportionally to the dimension of the facade where it will be installed, in order not to hinder, conceal, or detract from its architectural appreciation.

b. Location: The location of external signs of any size or shape perpendicular to a facade shall not be permitted. Furthermore, external signs that conceal door openings, windows, balconies, or emergency exits shall not be permitted.

c. Materials: The external sign to be placed must respect and harmonize with the materials present on the facade where it will be installed, in order not to compete with or detract from the integrity and authenticity of the property.

d. Content: The message or content transmitted by the external sign must respect the dignity and special character of the property where it will be installed.

e. Color: The use of color must harmonize with the material, texture, and color of the facade where the external sign will be installed, in order not to compete with or detract from the appreciation of the property.

f. Installation: The installation of the external sign must not threaten the integrity and authenticity of the property, ensuring the use of techniques that do not damage, alter, or deteriorate the surface to which the sign will be attached.

For the placement of those signs with information related to: road safety, urban nomenclature, tourist information, commemorative and tribute plaques; provided these are official and do not contain a particular advertising message, the approval of the Municipality must be requested.

The installation, construction, or reconstruction of any type of sign is prohibited on complexes, buildings, monuments, plazas, and other elements cataloged as of historical heritage interest and value, of non-commercial use, officially declared by the Ministry of Culture, Youth, and Sports. In the case of commercial use, a joint study by the Ministry of Culture and Youth and the Department of Urban Development, or its equivalent entity in the Municipality, shall be carried out, and action may be taken as provided in Article 82.

Any action related to outdoor advertising that directly or indirectly affects works declared of historical, archaeological, architectural, and natural interest shall be subject to the conditions and limitations necessary to guarantee their integration into the urban environment, their correct harmonization with the surroundings, and the absence of interference in the contemplation of the protected property. Any outdoor advertising work intended to be carried out on declared heritage must have the approval of the Ministry of Culture, Youth, and Sports.

In the event of non-compliance with any of the provisions herein, the Municipality shall notify the owner and initiate a process in accordance with what is indicated in Article 69 of this Regulation.

This Regulation must be mandatorily observed only for the design and construction of private parking facilities.

Public parking facilities shall be governed by the Regulatory Law for Public Parking, Law No. 7717, its Regulations, Executive Decree No. 27789-MOPT, and its amendments or any superseding regulations.

Private garages of dwellings are excluded, as well as bus depots, cargo transport vehicles, and heavy machinery, for which the industrial hygiene regulations (Reglamento de Higiene Industrial) of the Ministry of Health shall apply.

All parking facilities must comply with the provisions of the Equal Opportunities for Persons with Disabilities Act, its Regulations, Executive Decree No. 26831 and its amendments or any superseding regulations, and the Inter-American Convention on the Protection of the Human Rights of Older Persons, Law No. 9394 and its amendments or any superseding regulations.

There must be a minimum of 1 space for motorcycles for every 10 spaces for vehicles; these spaces must be crosshatched with minimum dimensions of 1.00 m wide and 2.50 m long and marked with the legend "Motos" with an orientation that is legible from the direction of motorcycle entry.

For all activities listed below, a minimum of three bicycle spaces must be ensured, and one additional space shall be added for every 10 spaces provided for vehicles.

a. Recreational areas.

b. Bathing resorts (balnearios).

c. Restaurants, shopping centers, and supermarkets.

d. Museums, libraries, kiosks, amphitheaters, theaters, and concert halls.

e. Stadiums, sports complexes, tracks, and other sports facilities.

f. Sports and fitness gyms.

g. Educational centers.

h. Hotels and lodging places.

i. Health centers.

j. Banks.

The assigned spaces must have minimum dimensions of 2.00 m long and 1.00 m wide between racks or support points for the bicycles.

In cases where parking facilities have direct access to the public road and are located at the front of the lot, the following provisions shall apply.

a. Perpendicular or quasi-perpendicular parking on or in front of the public road is prohibited.

b. The construction of parking facilities with direct exit or access onto boulevards or exclusive access roads for public transport is prohibited.

c. A minimum free space of 3.50 m must be provided at the front of the lot for pedestrian access.

d. For residential uses, the space for parking, entry, and exit of vehicles from the property must have a maximum width of 4.00 m.

e. The access for vehicles to the parking area must have a minimum width of 6.00 m. If there are two accesses, the distance may be divided to a minimum of 3.00 m for each access.

f. Its minimum dimension shall be 2.60 m wide by 5.50 m long.

The following rules shall prevail for the construction of private parking facilities.

Construction. Parking buildings may be constructed up to the side boundaries when the walls and floors are built with materials having a fire-resistance rating of no less than three hours; in this case, mixed use in the building is also permitted. When the walls are made of other types of materials, they must be located at least three meters (3.00 m) from said boundaries.

Stairs. In parking buildings where stairs exist, communication with them must be through a self-closing door constructed of material with a fire-resistance rating of no less than one hour.

Entrances and exits. Every parking facility must have a differentiated and marked entrance and exit to the parking area. Parking spaces may be located in the front garden area, using up to two-thirds of the front garden for these purposes, including a green area for every three parking spaces, with protective wheel stops for pedestrians using the adjacent sidewalk.

Regarding the surface, it must be made of materials that withstand heavy traffic and allow rainwater permeability.

Parking facilities must have separate lanes for the entry and exit of vehicles, with a minimum width of 3.00 m and a minimum height of 3.00 m. In mixed-use buildings, the garage may not serve as the only access to premises intended for lodging persons. There shall be at least one vehicle entrance and exit and another for persons, but in such a way that the paths do not cross, and they must be designed with natural lighting. This may be partially replaced by artificial lighting connected to an emergency system.

Pedestrian walkways. Parking facilities must have areas for the exit and entry of persons to vehicles at sidewalk level, on each side of the lanes, with a minimum length of six meters (6.00 m) and a minimum width of one meter eighty centimeters (1.80 m).

Minimum height. Under no circumstances shall parking constructions have a free height between floors of less than three meters (3.00 m).

Ventilation and lighting. Parking facilities must have natural ventilation through open openings with a minimum surface area of one-tenth (1/10) of the corresponding floor area. When conditions require it, an equivalent artificial ventilation system shall also be provided, in which case it must have smoke extractors with a capacity to renew the air at a rate of at least five times per hour. If natural lighting is not adequate, it must be provided through an artificial system maintaining a lighting level of fifty lumens (general level at 0.75 m height).

Ramps. Straight ramps in parking facilities must have a maximum slope of fifteen percent (15%) and curved ramps six and a half percent (6.50%); the minimum circulation width on straight sections shall be two meters fifty centimeters (2.50 m) and three meters fifty centimeters (3.50 m) in width on curves. Vertical vehicular circulation, whether by ramp or freight elevator, shall be independent of the areas for passenger boarding and alighting.

Protections. The columns and walls of vehicle parking facilities must have a curb (bordillo) fifteen centimeters (0.15 m) high and thirty centimeters (0.30 m) separation, with rounded corners.

Floor slope. If the parking floors are not level, the spaces shall be arranged in such a way that, in case of brake system failure, the vehicle is stopped by wheel stops.

Materials. The materials used in walls and ceilings must have a fire-resistance rating of no less than three hours.

Installations. The placement of any installation likely to produce sparks is not permitted. Only general lighting with proper protection is permitted.

Access to upper floors. The maximum ramp slope shall be fifteen percent (15%). The use of ramps is permitted up to a height of six floors.

Mechanized parking facilities: The operation of mechanized parking facilities must be carried out automatically by its programming or by means of an operator. It must also have:

a. Emergency lighting on the first level.

b. An electric generator in case of power failure.

c. Alarm system: In case of alarm activation, a visual or automatic procedure must be carried out.

d. Signage for prohibited zones.

e. Human safety and fire protection measures, as indicated by the Benemérito Cuerpo de Bomberos de Costa Rica. The entry of users to the storage levels and any other area where the machinery operates is prohibited. Only maintenance personnel and emergency personnel have internal access to each storage level of the building.

Transfer cabin in mechanized parking facilities: The cabin where vehicles enter for the mechanical system to carry out the displacement and storage operations must allow easy access for vehicles driven by users, without the need for maneuvers requiring any special skill. In the transfer cabin, the delivery zone must have a minimum capacity of one vehicle, have a waiting area for users, and provide equal opportunities and accessibility in accordance with the Equal Opportunities for Persons with Disabilities Act, No. 7600 and its Regulations, Executive Decree No. 26831-MP and its amendments or the regulations that supersede it.

Stacker-type parking (tándem): The use of tandem-type parking is permitted only in buildings for residential use and in office buildings; these shall be counted as 2 parking units one behind the other, provided they respect the minimum dimensions of 11.00 m by 2.60 m. A maximum arrangement of 2 vehicles in tandem is permitted. Tandem parking is not permitted for social interest (interés social) projects or for visitor parking.

Sanitary facilities. It must comply with the provisions of the current Code of Hydraulic and Sanitary Installations in Buildings regarding sanitary facilities for parking facilities.

Control booths. Public parking facilities shall have a control booth with a waiting area for the public of no less than six square meters (6.00 m2).

Lots for parking facilities. Parking lots must have a permeable paved floor and an adequate drainage system; have independent entrances and exits, with the same dimensions as for the buildings set forth in this article; have delineated circulation and parking areas; have wheel stops; all boundaries must have a wall with a minimum height of two meters fifty centimeters (2.50 m).

Rooms. In parking premises, there may only exist one room intended for the caretaker, built of non-combustible material and with easy access to the street.

In addition to the provisions of previous articles, the number of spaces for private parking depends on the activity to be carried out as established in this Regulation, without prejudice to the provisions of the Zoning Regulations of the Regulatory Plan of the canton of Paraíso.

For all purposes of calculating parking spaces in private parking facilities, the following rules shall apply.

Parking exemption.

The construction of parking is exempted for any support commerce or service provision premises that meet the criterion of microenterprise according to the Law for the Strengthening of Small and Medium Enterprises, Law No. 8262, its Regulations, Executive Decree No. 39295-MEIC, its amendment or regulations that supersede it.

Likewise, this category includes services provided in rural or residential areas within dwelling houses or on small properties with a construction area of less than 50.00 m2 that are intended for customer service. Such as: bazaars, small grocery stores (pulperías), bakeries, pharmacies, greengrocers, bookstores, photocopy shops, offices, small restaurants (sodas), among similar others.

These services are not obligated to have minimum parking; however, they must offer it whenever possible, and under no circumstances must they promote the obstruction of entrances to other properties, access to hydrants, or parking on the public road. The generation of verified nuisances to neighboring properties shall be grounds for suspension or revocation of the license by the Municipality.

To request the exemption, the interested party must present documentary evidence that they meet the necessary conditions.

Minimum parking requirements.

The minimum parking requirements for different purposes are governed in accordance with the provisions of the following table. For the calculation, it is understood that the area is effective (without considering corridors and sanitary facilities), unless otherwise indicated in the following table.

Minimum requirements for private parking.

| Classification | Activity | Parking Spaces | | --- | --- | --- | | Tourist activities | Tourist activities | 1 space per 100m2 built. Minimum 3 spaces and 1 additional space for minibuses. | | Agricultural | Veterinary clinics Pet daycares Dog grooming shops Sale of agricultural supplies Sale of plants Nurseries | 1 space per 20 m2 and 1 additional space per excess fraction greater than or equal to 10 m2. | | Shelter | Shelter | 1 space per room | | Storage | Storage | 1 space per 75 m2 of construction and 1 additional space per excess fraction greater than or equal to 50 m2. | | Bathing resort | Bathing resort | 1 space per 50 m2 built. | | Cemetery | Cemetery | 1 space per 2000 m2 built. | | Shopping centers | Without cinemas and recreational activities | 1 space per 50 m2 built and 1 space per excess fraction greater than or equal to 25 m2. | | With cinemas or other recreational activities | 1 space per 50 m2 built and 1 space per eight seats in the cinema halls. | | | Commerce | Butcher shops and fishmongers Hardware stores and material sales Florists and jewelry stores Restaurants and bars General stores Furniture, music, and liquor stores | 1 space per 50 m2 and 1 additional space per excess fraction greater than or equal to 25 m2. | | Community | Community centers | 1 space per 40 m2 built and 1 space per excess fraction greater than or equal to 20 m2. | | Condominiums | Commercial | 1 space per 50 m2 of construction and 1 space per 25 m2 of additional excess fraction. | | Residential condominiums | 1 space per housing unit. | | | Social interest | Projects with less than 10 units do not require a parking space. From 11 to 30 units require 1 space per 10 units. For more than 30 units, 1 space per ten units + 10% extra for visitors is required. | | | Lot condominiums | 1 space per lot. | | | Mixed | Must comply with the requirements for all the uses it contains. | | | Residential | 1 space per housing unit. | | | Cultural | Libraries | 1 space per 40 m2 of public area and 1 additional space per 20 m2 of offices. | | Information kiosks | | | | Museums | | | | Amphitheaters | 1 space per eight seats or 1 space per 15 m2 of area. | | | Concert and show halls | | | | Theaters | | | | Sports | Sports complexes | 1 space per 25 m2 of spectator area or 1 per 10 seats. 6 spaces for buses. | | Stadiums and Sports centers | | | | Sports tracks | | | | Sports courts | 1 space per 30 m2 of spectator area plus 1 space per 20 m2 with exercise machines. | | | Fitness gyms | | | | Sports gyms | | | | Education | Preschool, First, Second, and Third Cycle of General Basic Education and Diversified Education | 1 parking space per 100 m² of floor area excluding circulation areas and sanitary facilities or per 40 seats or persons, assuming maximum capacity, whichever results in the greater number. | | | Research center | 2 spaces per 50 m2 of floor area, excluding corridors and sanitary facilities. 2 spaces for buses. | | | Technical and artistic | | | | Higher education | 20% of its seating capacity, defined as the total population of students, teachers, and administrative staff occupying the building at its maximum occupancy. | | Entertainment | Cinemas | 1 space per 10 seats. | | Clubs | 1 space per 50 m2 of construction plus 1 space per excess fraction greater than 25 m2. | | | Nightclubs | 1 space per 50 m2 of construction. For differentiated hours, the spaces may be used by neighboring premises. | | | Amusement and theme parks | 1 space per 100 m2 of land. | | | Riding arenas | 1 space per 40 m2 of spectator area plus 1 space per 20 m2 of arena area. | | | Game rooms | 1 space per 50 m2 of construction. | | | Party, skating, and dance halls | 1 space per 50 m2 of construction. | | | Electric Generation | Electric Generation | 1 space per 100 m2 of useful area for operators. Minimum 3 spaces. | | Farms | Farms | 1 space per 300 m2 built and 1 space per additional fraction greater than or equal to 200 m2. | | Daycare centers | Daycare centers | 1 space per classroom plus 1 space per 50 m2 of office. 2 spaces for minibuses if they provide transportation service. | | Housing | Urbanization | 1 space per unit with an area greater than 200 m2. | | Social interest urbanization | Projects with less than 10 units do not require a parking space. From 11 to 30 units require 1 space per 10 units. For more than 30 units, 1 space per ten units + 10% extra for visitors is required. | | | Individual dwelling | 1 space per unit with an area greater than 200 m2. | | | Lodging | Apartment hotels and condo hotels | 1 space per room or apartment. Minimum 6 spaces. | | Activity camps | 1 space for areas greater than 100 m2. 1 additional space per room if there are more than 3 rooms. | | | Tent camps | 1 parking space for each space intended for setting up a tent. | | | Hotels | 1 space per room. Minimum 6 spaces. If it has a conference or party hall, the greater of 1 space per room or 1 space per 25 m2 of hall shall prevail. If it offers restaurant/bar service to the general public, its requirements shall be calculated separately. | | | | Motels, Pension or Hostel | 1 space per room. | | Industry | Workshops | 1 space per 75 m2 of construction. | | Industrial uses | 1 space per 150 m2 of construction and 1 space per additional excess fraction of 75 m2 or more. | | | Treatment plant | Treatment plant | * Minimum 4 spaces. | | Religious | Convents | 5 spaces. | | | Places of worship | 1 space per 25 m2 of bench area, when it exceeds 100 m2. In any case, it must have a minimum of 4 spaces. | | Seminaries | 1 space per 75 m2 of construction. | | | Sanitary landfills | Sanitary landfills | Minimum 4 spaces. | | Health | Clinics | 1 space per consultation room plus 1 space per 25 m2 of construction area (excluding consultation rooms). | | Nursing homes | 1 space per 75 m2 of room area plus 1 space per 25 m2 of office area. In any case, it must have a minimum of 3 spaces. | | | Hospitals | 1 space per consultation room plus 1 space per 75 m2 of area intended for rooms plus 1 space per 25 m2 of office area plus 1 space per 25 m2 of waiting room area. | | | Clinical laboratories | 1 space per 50 m2 of construction. In any case, it shall have a minimum of 3 spaces. | | | Rehabilitation or aesthetics | 1 space per consultation room plus 1 space per 20 m2 of waiting room. | | | Services | Offices | 1 space per 60 m2 of construction area plus 1 space per excess fraction equal to or greater than 40 m2. | | Rentals | 1 space per 75 m2 of construction area plus 1 space per excess fraction equal to or greater than 50 m2. | | | Internet cafe | Repair | | | Supermarkets | Supermarkets | 1 space per 50 m2 built (employee areas, sanitary facilities, and warehouses are excluded). | | Telecommunications | Telephone exchanges | 1 space per 75 m2 of offices and 1 additional space per excess fraction greater than or equal to 50 m2. | | Transport | Fuel stations | Minimum 4 spaces. | | | Car washes | Minimum 4 spaces. | | | Bus terminal | 1 space per 100 m2 of construction. | | Vehicle sales | Vehicle sales | 1 space per 75 m2 built (must have 5 spaces as a minimum). | *Treatment plants within condominiums or other projects that already meet the adequate parking spaces according to the activity carried out are excluded.

For the above cases, the additional percentage and the minimum dimensions for preferential parking spaces reserved specifically for persons with disabilities, pregnant women, and older adults must be added to the corresponding calculation, in accordance with the provisions of the Equal Opportunities for Persons with Disabilities Act, No. 7600 and its respective Regulations, Executive Decree No. 26831-MP, the Comprehensive Law for the Older Adult, Law No. 7935, and the Law on Transit on Public Land Roads and Road Safety, Law No. 9078, and their amendments or regulations that supersede them.

When it involves a change of use of an existing building, the plan must specify the design of the private parking lot; when due to the conditions of the lot it is not possible to provide all of the parking spaces within the property, it shall be accepted that the parking is located no more than one hundred walkable meters from the site where the activity is generated.

Parking in condominiums:

Each space may be constituted as a private area, but it must be ensured that each use within the condominium has the minimum number of parking spaces required according to this Regulation; therefore, in the event that the total number of parking spaces within the condominium equals the total number required according to its uses, under no circumstances may more spaces than necessary be assigned to a single owner, unless it is done so due to a surplus of parking spaces.

According to the provisions of the Regulations to the Law Regulating Condominium Property, Executive Decree No. 32303-MIVAH-MEIC-TUR, its amendments and regulations that supersede it, for condominiums with more than 30 dwellings or 3500 m2, the parking capacity must be increased by 10.00%, an excess that must be assigned for the exclusive use of visitors.

Loading and unloading parking spaces.

Those businesses and activities that require it must provide a minimum number of parking spaces for loading and unloading of products. These spaces shall be additional to those indicated in Article 91.2 and must be located in an area that does not interfere with the free pedestrian and vehicular circulation, both within the property and on the public road. The minimum number of spaces shall be determined according to the following table.

Minimum requirements for loading and unloading parking.

| Classification | Business | Parking Spaces | | --- | --- | --- | | Storage | Storage | 2 spaces for loading and 1 space for heavy cargo vehicles. | | Shopping centers | Shopping centers | 3 spaces in works less than 10 000 m2 of construction. 5 spaces for works with larger areas. | | Commerce | Butcher shops and fishmongers | 1 space for loading. 2 spaces for loading and 1 space for heavy cargo in the case of sale of Hardware stores and material sales Florists and jewelry stores | | Restaurants and bars | machinery, hardware stores, heavy materials, or equipment. | | | General stores | | | | Furniture, music, and liquor stores | | | | Condominiums | Commercial | 2 spaces. | | | Mixed | Must comply with the requirements for all the uses it contains. | | Farms | Farms | 2 spaces for loading. | | Hotels | Hotels | 1 space. 2 spaces for loading in hotels with a conference room, party room, or casino. | | Industry | Industrial uses | 1 space for loading. For every 100 m2 of additional construction area, 1 more space must be added. | | Health | Clinics | 1 space. | | | Hospitals | 1 space per 1300 m2 of construction. | | | Clinical laboratories | 1 space. | | Supermarkets | Supermarkets | 1 space. 3 spaces if the construction area exceeds 2000 m2. One additional space for every additional 5000 m2 of construction. | | Telecommunications | Telephone exchanges | 1 space. | | Radio and television stations | | | | Transport | Fuel stations | 1 space for a tanker truck and 1 space for loading. | | Vehicle sales | Vehicle sales | 1 space. |

Any temporary work during the construction process must comply with the applicable provisions established in the Safety in Construction Regulations (Reglamento de Seguridad en Construcciones), Executive Decree No. 40790-MTSS and its amendments or the regulations that supersede it, in addition to the provisions indicated by the Ministry of Labor and Social Security.

Temporary works must obtain a license or construction permit from the Municipality, under the regulations established in Chapter IV of this regulation. The municipality may revoke said authorization at any time due to deterioration of safety conditions or due to a change in conditions with respect to the permits granted.

Temporary works must be designed by the responsible professionals in their specialty areas, taking into consideration that they are located in places where there is no danger and have easy access.

Temporary works that are used for gatherings of people must comply with the provisions established in the General Regulation for Health Authorizations and Operating Permits Granted by the Ministry of Health, Executive Decree No. 39472-S, and its amendments or the regulations that supersede it.

It must comply with the provisions of the Regulation of Fairs, Festivals, and Similar (Reglamento de Ferias, Turnos y Similares), Executive Decree No. 17923-S and its amendments or regulations that supersede it. As well as the provisions of the Zoning Regulations of the Municipality of Paraíso.

The provisions of the Regulation of Bullfighting Activities (Reglamento de Actividades Taurinas), Executive Decree No. 19183-G-S and its amendments or the regulations that supersede it must be complied with.

Any temporary work used for a gathering of more than 50 persons must be considered as a Public Assembly Site; therefore, it must comply, according to its typology, with the human safety and fire protection requirements established by the Benemérito Cuerpo de Bomberos de Costa Rica.

The Municipality shall exercise oversight over the works executed in its jurisdiction, as well as over the use being made of them. Municipal inspectors are its agents, whose mission is to oversee compliance with the precepts of this Regulation.

For the purposes of territorial planning, municipal inspectors are empowered to notify municipal agreements and resolutions related to construction licenses, among others, for which purpose they may draw up the pertinent inspection reports, which shall have public faith, as to what is recorded in the notification reason; provided they are carried out in accordance with the provisions of this Regulation.

Prior to granting the respective permit, the Municipality may carry out the necessary inspections, in order to verify, if so required, compliance with and veracity of the requirements provided by the interested party. The above may also apply during and after the construction process.

By submitting the application for a construction permit or license, the owner expressly accepts to undergo a constant and permanent inspection process during the execution of the license and until obtaining the certificate of completed work.

In addition to all the obligations and responsibilities derived from professional practice and compliance with current construction regulations, the responsible professional or professionals must keep on the work site a complete set of plans showing the approval of the reviewing institutions, with the municipal construction permit.

The original construction permit showing the municipal permit number must be placed in a visible location.

The powers of the CFIA, the INVU, the Ministry of Health (Ministerio de Salud), the Benemérito Fire Department (Benemérito Cuerpo de Bomberos), and the ICAA are recognized to carry out the inspections they deem appropriate, in the canton of Paraíso, at any time, during the construction process of works or projects, or after its completion. The foregoing is for the purpose of verifying compliance with the stipulations in the construction plans, as well as with all observations made by government entities.

When, due to aspects beyond the design process, modifications must be made during the construction of the work, the responsible professional must include the modifications in the construction plans and in the worksite logbook (bitácora de obra), and submit this information again on the CFIA's electronic processing platform. This process will automatically update the information.

If the value of the work is increased, the difference generated by the cost of the construction license (licencia de construcción) must be paid. Any modification pertaining to the construction aspect must adhere to the Regulatory Plan (Plan Regulador).

Any natural or legal person intending to carry out excavation work on the running surface of public roads of the cantonal road network or in any sector of the right-of-way (derecho de vía) must request authorization from the Municipality through the UTGVM or the unit that replaces it, in order to regulate the technical aspects related to the excavation and replacement of pavements, conserve urban infrastructure, maintain order in circulation and traffic, as well as to standardize the design and construction criteria for the affected pavements. However, the provisions of this article shall not apply to interventions by State service-providing institutions, when these are motivated by attending to emergency situations or repairing sudden and unforeseen failures of infrastructure or service networks, in which case prior notice from the institutions to the Municipality notifying of the intervention shall suffice.

To facilitate the inter-institutional coordination and communication outlined in the preceding paragraph, the Municipality shall notify service-providing institutions in advance of the communication channels it will make available to them for receiving notices about the intervention of road infrastructure or service networks, so that the Local Government can assist by taking the necessary measures to mitigate effects on mobility.

The applicant must meet the following requirements:

a. Submit the respective application form for an excavation license, duly completed and accompanied by the required documentation.

b. Have the approval (visto bueno) of the Municipal Road Management Technical Unit (Unidad Técnica de Gestión Vial Municipal) after a study of the application, which must be carried out within the following 10 business days after the submission of the request. This period may vary up to one month in accordance with Article No. 40, subsection b) of the Regulation to the Citizen Protection from Excess Requirements and Procedures Law (Reglamento a la Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites), Executive Decree (Decreto Ejecutivo) No. 37045-MP-MEIC and its amendments and the regulations that replace it.

c. To start the work, the applicant must wait for the prior inspection with the technical instructions and have paid the security deposit (depósito de garantía).

d. Once the works are completed, they must report the completion for its respective review by the UTGVM or its equivalent unit, for the purpose of its acceptance and the return of the guarantee.

When the permit for road excavation is granted, the applicant must provide the Municipality with a Quality Control Plan (Plan de control de calidad) identifying the standards, requirements, regulations, and specifications for the quality management of the work. For these purposes, the tests shall be taken, and the same types of trials shall be executed with the same frequencies indicated in the Plan. Likewise, the cost of the tests shall also be borne by the license applicant, and they shall be performed in a laboratory authorized for such purposes.

For the design or definition of the conservation, maintenance, and new construction activities provided for in this Regulation, the technical requirements to be applied shall be the Manual of General Specifications for the Construction of Roads, Highways, and Bridges (Manual de Especificaciones Generales para la Construcción de Carreteras, Caminos y Puentes) CR-2020, made official by Executive Decree (Decreto Ejecutivo) No. 43397-MOPT, the Regulation for Road Circulation Based on the Weight and Dimensions of Freight Vehicles (Reglamento de Circulación por Carretera con Base en el Peso y las Dimensiones de los Vehículos de Carga) Executive Decree (Decreto Ejecutivo) No. 31363-MOPT and its amendments, and the Central American Manual of Uniform Devices for Traffic Control (Manual Centroamericano de Dispositivos Uniformes para el Control de Tránsito) and the AASHTO design standards and guides or equivalents, or the updated and current versions of all the above.

For any work carried out as a product of this Regulation, the natural or legal person must provide a performance bond worth 50% of the total value of the work, by means of a term deposit or any other valid guarantee instrument for the Administration, for a period to be determined of one to twelve months depending on the complexity of the work, in accordance with the total value thereof assessed by the Federated College of Engineers and Architects of Costa Rica (Colegio Federado de Ingenieros y de Arquitectos de Costa Rica) or, failing that, by the competent department of the Municipality of Paraíso. Once the work is accepted by reasoned resolution, the Municipality shall return the performance bond or, failing that, shall initiate the procedure for executing the missing or defective works until their final acceptance.

The Municipality shall perform a provisional acceptance of the completed works, which it shall notify the person responsible for the work of. Subsequently, it shall give its final acceptance within a period of up to 12 months after the provisional acceptance, counted from the date on which it was communicated to the person responsible for the work. Within this period, any defect that is detected shall be repaired by the person responsible for the work, until it is to the satisfaction of the Municipality in accordance with the respective technical specifications. This period may be extendable for up to 6 more months, upon prior renewal of the Performance bond (Garantía de cumplimiento) if required due to defects detected near the expiration of the original period.

Natural and legal persons, public or private, who carry out works affecting the public roads of the cantonal road network have the obligation to submit to the Municipality the specific work schedule when dealing with excavations for a single work.

In the case of natural or legal persons, public or private, that need to make excavations during the course of the year on different routes, they must submit the Annual Work Execution Plan (Plan anual de ejecución de obras) in areas of public domain where the works corresponding to the following year's exercise are projected. The Municipality must update this schedule quarterly, encompassing maintenance, expansion, or construction of new works, including basic studies, plans, technical specifications, and the deadlines foreseen for the scheduled interventions.

Public service-providing companies, as well as any other natural or legal person performing works that affect any of the roads considered in this standard, have the obligation to submit to the Municipality the technical files (expedientes técnicos) of the works to be executed, containing at least:

a. Descriptive Report (Memoria Descriptiva), including the Soil Study and Pavement Design.

b. Signage and alternate routes plan.

c. Technical Specifications.

d. Plans.

e. Quality Control Plan (Plan de Control de Calidad) f. Budgets g. Work Execution Schedule.

h. Annexes.

The Municipality, through the Urban Development Departments and the UTGVM or the units that replace them, is responsible for reviewing and approving the technical files (expedientes técnicos), authorizing the execution of the works, ensuring compliance with these regulations, and also verifying that the works have been executed in accordance with the plans and technical specifications of the approved project.

Prior to the excavation of pavements, the work zone must be perfectly signposted, including alternate routes, if applicable.

The partial excavation of pavements must be carried out by adopting regular geometric shapes with right angles and edges perpendicular to the surface. A diamond disc must be used for cutting. Pavement-breaking equipment shall only be used for demolition tasks.

Debris from pavement excavation must be removed from the work zone before proceeding with digging, in order to prevent contamination of backfill soils with debris.

Residual materials from road excavation, with the exception of clays, silts, and organic matter, must be made available to the Municipality in the first instance; if they are not required by the Municipality, they must be removed from the site by the party that generated them and placed in a location that complies with current environmental and health regulations.

This must be documented in writing through an acceptance note and signed contract; the company responsible for disposing of said waste must comply at all times and as applicable with the provisions of Title III, Chapters I and III of the Integrated Solid Waste Management Law (Ley de Gestión Integral de Residuos Sólidos) No. 8839 and its amendments or the regulations that replace it.

Trenches may be dug and covered within a period not exceeding two calendar days. If more time is required, it must have the approval of the Municipality of Paraíso.

Digging operations shall not begin until the signage and the alternate routes plan are in place.

For any digging work deeper than 1.5 m, the responsible Engineer must consider reinforcing the trench walls, in order to prevent them from collapsing.

The design of the support system must be part of the Technical File (Expediente Técnico).

Excess material must be removed from the site within a maximum period of 24 hours, and the site must be accredited by means of an acceptance note for said material, also indicating the transportation route for the materials and the respective permits for the disposal site or dump to receive said materials or waste.

The essential purposes of good backfill are:

a. To provide an appropriate bed for the support and confinement of public utilities; and b. To provide, above the public utilities, a material that serves to adequately transmit vehicular loads to the lower layers, without damaging the utilities or causing settlement in the pavement.

c. Backfill should follow the installation of public utilities as closely as possible.

In all cases, work must be scheduled such that the processes of digging, placement of public utilities, and backfill are limited to short distances, allowing them to be placed at the same speed as the trenches are opened.

Backfills are generally classified into three groups.

a. Bedding Layer (Cama de Apoyo): This is the layer that directly supports the public utilities (cables, pipes, or ducts) and is generally a granular, uniform soil, free of gravel, stones, and vegetative materials. It is required to have, in operation, a density of at least 95% of its Theoretical Maximum Dry Density obtained in the Modified Proctor Test.

b. Confinement Backfill (Relleno de confinamiento): This is the fill placed around the public utilities and up to a variable height between 15 cm and 20 cm above them. It is generally made of selected material similar to that of the Bedding Layer (Cama de Apoyo), placed in layers to allow tamping around cables, pipes, or ducts. It is required to have a density of at least 95% of its Theoretical Maximum Dry Density obtained in the Modified Proctor Test.

c. Mass Backfill (Relleno masivo): This shall reach the level of the existing pavement subgrade. It may be made with native material, i.e., material extracted from the excavation, with or without prior selection, or with borrow material. It is placed in layers of compacted thickness at optimum moisture content depending on the type of soil and the equipment used for compaction. It is required to have a density of at least 95% of its Theoretical Maximum Dry Density obtained in the Modified Proctor Test for predominantly cohesive soils and 95% of its Theoretical Maximum Dry Density obtained in the Modified Proctor Test for predominantly granular soils.

All backfill shall be controlled for each compacted layer, at a rate of one control per 50 m.

Except in cases where the compacted layer thickness is less than 15 cm, where the control shall be done every two or three layers, as the case may be. If the work is less than 50 m, controls shall be done at a rate of two per compacted layer, distributing them in a staggered pattern between any two successive layers.

The replacement of affected pavements must be carried out with materials of the same characteristics as the original pavement, except in the case of hydraulic concrete pavements rehabilitated with an asphalt surface overlay, where replacement may be done with an asphalt concrete pavement having the same Structural Number as the existing composite pavement. Asphalt mixes for replacements shall preferably be hot-mix; where the Project considers cold mixes, these must be made with emulsified asphalt.

In any case, the replacement surface must be flush with the surface of the existing pavement, without depressions or over-elevations.

Everything related to sanctions shall be governed by the provisions of the Construction Law (Ley de Construcciones), its Regulation and its amendments or the regulations that replace it, as well as the provisions of this Construction Regulation for the Regulatory Plan of the Municipality of Paraíso.

(December 2023) The Municipality of the canton of Paraíso, in exercise of the powers granted by the Political Constitution, the Construction Law (Ley de Construcciones) No. 833 of November 2, 1949, the Municipal Code, Law No. 7794 of April 27, 1998, and the Urban Planning Law (Ley de Planificación Urbana) No. 4240 of November 15, 1968, and their amendments, as well as what is required in the Manual of Technical Instruments for the Environmental Impact Assessment Process (Manual EIA) - Part III, Executive Decree (Decreto Ejecutivo) No. 32967, issues and enacts the following transitory provisions, which are an integral part of the Regulatory Plan (Plan Regulador) of the canton of Paraíso.

Table of Contents CHAPTER I. TRANSITORY PROVISIONS ................................................................................................. 3

Except for those cases of projects where said land-use certificate (certificado de uso de suelo) is part of a proceeding that is still pending resolution in the administrative process, in which case it shall maintain its validity until there is a final resolution.

Once the classification indicated in the preceding paragraph is carried out, the Municipality of Paraíso shall proceed in accordance with the Urban Planning Law (Ley de Planificación Urbana) for the modification of the Regulatory Plan (Plan Regulador) regarding the Official Map.

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Camiones

Cambio de uso de suelo en condominios construidos. .................................. 17

Actividades comerciales o de servicios en urbanizaciones residenciales constituidas. ...................................................................................... ........................................ 18

Terrenos aledaños a sedes diplomáticas. ....................................................... 18

Áreas Silvestres Protegidas (ASP). .................................................................. 18

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Ubicación de infraestructura de telecomunicaciones. ................................... 20

Educación, salud, seguridad pública y otras redes de servicios. .................... 21

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.................... 32 ANEXO No.1: Parámetros urbanos por zona. .................................................................................... 33

El presente Plan Regulador deroga el publicado en el Alcance Digital No.169 de La Gaceta, de fecha miércoles 31 de octubre de 2012, así como de su modificación publicada en el Alcance Digital No.76 de La Gaceta, de fecha jueves 25 de abril de 2013.

El territorio sobre el cual se aplica el presente Reglamento de Zonificación corresponde al territorio del cantón de Paraíso sujeto a planificación territorial, el cual incluye los distritos de Paraíso, Santiago, Cachí, Llanos de Santa Lucía y Birrisito en su totalidad, y el distrito de Orosi según se muestra en el Mapa de Zonificación.

De conformidad con la Ley de Planificación Urbana No.4240 y sus reformas o normativa que la sustituya, son objeto de regulación por parte del presente Reglamento:

a. El uso de terrenos, edificios y estructuras, para fines agrícolas, industriales, comerciales, residenciales, públicos y cualquier otro que sea del caso.

b. Las zonas residenciales según la intensidad del uso que se les pretenda dar y la ocupación de éstas ya sea con vivienda unifamiliar o multifamiliar.

c. Las dimensiones mínimas de los lotes que mejor convenga a cada zona.

d. Altura y cobertura máxima permitidas para las edificaciones y estructuras.

e. Retiros para edificios y estructuras.

f. Cualquier otro elemento urbanístico o arquitectónico relativo al uso de la tierra, cuya regulación tenga interés para el Gobierno Local de Paraíso y sus habitantes.

g. La provisión de espacio para estacionamientos carga y descarga de vehículos en aquellos casos que ameriten condiciones específicas.

h. Tamaño, ubicación y características de rótulos o anuncios, en aquellos casos que ameriten condiciones específicas.

Las disposiciones del presente Reglamento son de acatamiento obligatorio para todo proyecto que se realice en el cantón de Paraíso, pudiendo aplicarse supletoriamente las leyes y reglamentos regionales y nacionales, relacionados con su materia.

De conformidad con los artículos 59 y 60 de la Ley 4240 de Planificación Urbana, se crea la Comisión de Seguimiento del Plan Regulador del cantón de Paraíso, formada por regidores, funcionarios y vecinos interesados.

Corresponderá al Concejo Municipal de Paraíso, de conformidad con sus competencias en la materia, determinar el mecanismo para el nombramiento de sus miembros, la distribución de los cupos (7 máximo) y los mecanismos de sustitución de éstos.

Esta comisión será la encargada de darle seguimiento al Plan Regulador y para efectos de participar en la preparación y aplicación del Plan Regulador, se establecen las siguientes funciones para la Comisión de Seguimiento del Plan Regulador:

a. Velar por la correcta aplicación del Plan Regulador.

b. Analizar aquellos casos particulares que requieran un criterio específico y una toma de decisión particular, que esté fuera del alcance exclusivo del técnico municipal.

c. Estudiar los casos conflictivos y asesorar al personal municipal sobre la aplicación de restricciones, cuando la Comisión trate de asuntos que circunstancialmente afecten a otros organismos, solicitar asesoramiento y consultar al organismo afectado, pudiendo pedir el envío de un representante en caso de que la magnitud del caso lo requiera.

d. Preparar y recomendar las modificaciones y enmiendas que sean necesarias para mantener el Plan Regulador actualizado.

e. Llevar un control de los permisos y licencias que se otorguen, elaborando un inventario que facilite la actualización del Plan Regulador.

f. Cualquiera otra asignada por los reglamentos del Plan Regulador.

De conformidad con la Ley de Planificación Urbana, el presente Reglamento de Zonificación propone los siguientes objetivos en materia de ordenamiento del territorio:

a. Protección de la propiedad contra la proximidad de usos o actividades molestas o peligrosas.

b. Lograr una relación armónica entre los diversos usos de la tierra.

c. Fomentar una división o fraccionamiento adecuado de los terrenos de manera concordante con el Reglamento de Fraccionamientos y Urbanizaciones del Plan Regulador de Paraíso.

d. Promover la seguridad, salubridad, comodidad y ornato de las construcciones, de manera concordante con el Reglamento de Construcciones del Plan Regulador de Paraíso.

e. En general, cualquier otro elemento de interés comunitario que convenga al bienestar de todas las personas que habitan, laboran o visitan el cantón.

Atendiendo lo dispuesto por el inciso a) del artículo No.16 de la Ley de Planificación Urbana y sus reformas, así como otros instrumentos de planificación como el Plan de Desarrollo Humano Local del Cantón, el Plan Regulador de Paraíso y su presente Reglamento de Zonificación, buscan atender los siguientes lineamientos y objetivos de desarrollo.

| Objetivos de Desarrollo Local | Acciones Estratégicas | | --- | --- | | Procurar que la movilidad y el transporte sean seguros, eficientes y sostenibles, considerando la estructura y el funcionamiento de los asentamientos humanos del cantón y permitiendo la creación y acceso a las oportunidades que las áreas urbanas generan (empleo, servicios, comercio, recreación y cultura). | 1. Mejorar la operación y funcionamiento de las redes viales previendo el crecimiento futuro y la integración de nuevos desarrollos a la estructura urbana existente mediante planes viales cantonales. 2. Promover el desarrollo con orientación a los sistemas de transporte público y la movilidad no motorizada. | | Promover una planificación urbana inclusiva, resiliente y adaptable a nuevas circunstancias, en todas las escalas que permita el fortalecimiento de los subsistemas urbanos, y contribuyan a la especialización y complementariedad de la ciudad. | 3. Contemplar la mejora y adaptación paulatina de las infraestructuras a efecto de mitigar los riesgos y amenazas naturales, particularmente los eventos producidos por el efecto del cambio climático. | | Fomentar la coordinación entre municipalidad, instituciones públicas, sociedad civil, instituciones no gubernamentales y sector privado para gestionar el desarrollo sostenible de todos los asentamientos humanos. | 4. Adoptar esquemas de gobernanza que permitan gestionar el territorio en materia de desarrollo urbano de manera ordenada, eficiente, sostenible e innovadora. |

a. ASP: Área Silvestre Protegida.

b. CNE: Comisión Nacional de Prevención del Riesgo y Atención de Emergencias.

c. DDU: Departamento de Desarrollo Urbano.

d. EsIA: Estudio de Impacto Ambiental.

e. GAM: Gran Área Metropolitana.

f. IAP: Impacto Ambiental Potencial.

g. MOPT: Ministerio de Obras Públicas y Transportes.

h. RDS: Reglamento de Desarrollo Sostenible.

i. SETENA: Secretaría Técnica Nacional Ambiental.

j. SINAC: Sistema Nacional de Áreas de Conservación.

a. Actividades temporales: Son aquellas que se desarrollan por períodos menores a 30 días, como las actividades denominadas turnos, ferias o fiestas patronales.

b. Alineamiento: Distancia o límite físico mínimo para el emplazamiento de una edificación respecto a vías públicas, vías fluviales, arroyos, manantiales, lagos, lagunas, esteros, nacientes, zona marítimo terrestre, vías férreas, líneas eléctricas de alta tensión, zonas especiales; emitido por la entidad competente.

c. Altura máxima de edificación: Es la altura máxima permitida para un edificio según la zona donde se ubique. Se mide a partir del piso principal (vestíbulo) hasta el nivel de la viga corona. Para el cálculo no se tomarán en cuenta las chimeneas, parapetos, antepechos, casetas de ascensores, tanques de agua, elementos mecánicos y elementos de recreación en las terrazas superiores.

d. Antejardín: Área entre la línea de propiedad de origen catastral y la línea de construcción fijada por el respectivo alineamiento, la cual soporta una restricción para construir, sin que por ello se pierda la condición de propiedad privada.

e. Área mínima: Superficie mínima permitida para los lotes resultantes de un fraccionamiento, urbanización o condominio de lotes.

f. Área urbana: El ámbito territorial de desenvolvimiento de un centro de población. Incluye el cuadrante urbano o cualquier otro sistema de ciudad desarrollado radial o poligonalmente.

g. Bosque: De conformidad con la Ley Forestal No.7575 y sus reformas o normativa que la sustituya, corresponde a un ecosistema nativo o autóctono, intervenido o no, regenerado por sucesión natural u otras técnicas forestales, que ocupa una superficie de dos o más hectáreas, caracterizada por la presencia de árboles maduros de diferentes edades, especies y porte variado, con uno o más doseles que cubran más del setenta por ciento (70%) de esa superficie y donde existan más de sesenta árboles por hectárea de quince o más centímetros de diámetro medido a la altura del pecho (DAP). Se tendrá también como bosque los sectores oficializados según Decreto Ejecutivo No.36818 MINAET.

h. Capacidad de uso de la tierra: Es el grado óptimo de aprovechamiento que posee un área de terreno determinada, con base en la calificación de sus limitantes para producir cultivos en forma sostenida y por períodos prolongados.

i. Clubes campestres: Centros para la recreación pasiva y activa, con facilidades e instalaciones para realizar actividades al aire libre.

j. Cobertura máxima: Área de un terreno que comprende la proyección máxima horizontal de una estructura, así como los espacios pavimentados, adoquinados o con cualquier material que haga difícil la infiltración del agua de lluvia en el terreno y que se destine para parqueos, accesos de vías, piscinas, canchas de tenis y similares.

k. Comercio: Conjunto de actividades económicas centradas en el intercambio, compra y venta de bienes, y de toda clase de mercaderías lícitas, propiedades, bonos, monedas y otros. Se incluyen las casas de representación, comisionistas, agencias, corredores de bolsa, instituciones bancarias, instituciones de seguros y establecimientos financieros como casas de banca, de cambio, financieras de crédito y similares; en general, es comercial aquello que involucre cualquier transacción de mercado.

l. Condominio horizontal: Concordantemente con el Reglamento a la Ley Reguladora de la Propiedad en Condominio, Decreto No.32303-MIVAH-MEIC-TUR o sus reformas, para los efectos del presente Reglamento se entiende por condominio horizontal la modalidad donde cada condómino es propietario exclusivo de un terreno propio y de la edificación construida sobre él y copropietario de las áreas comunes.

m. Condominio mixto: Concordantemente con el Reglamento a la Ley Reguladora de la Propiedad en Condominio, Decreto No.32303-MIVAH-MEIC-TUR o sus reformas, para los efectos del presente Reglamento son aquellos donde pueden presentarse en una misma finca matriz, condominios verticales y horizontales.

n. Condominio vertical: Concordantemente con el Reglamento a la Ley Reguladora de la Propiedad en Condominio, Decreto No.32303-MIVAH-MEIC-TUR o sus reformas, para los efectos del presente Reglamento se entiende por condominio vertical la modalidad mediante la cual cada condómino es propietario exclusivo de parte de la edificación conformada por varios pisos y en común de todo el terreno y edificaciones o instalaciones de uso general.

o. Condominio: Concordantemente con el Reglamento a la Ley Reguladora de la Propiedad en Condominio, Decreto No.32303-MIVAH-MEIC-TUR o sus reformas, para los efectos del presente Reglamento se entiende por condominio un inmueble susceptible de aprovechamiento independiente por parte de distintos propietarios, con elementos comunes de carácter indivisible.

p. Condominios de lotes: Concordantemente con el Reglamento a la Ley Reguladora de la Propiedad en Condominio, Decreto No.32303-MIVAH-MEIC-TUR o sus reformas, para los efectos del presente Reglamento se entiende por condominio de lotes aquellos donde las fincas filiales corresponden a predios horizontales, que pueden ser destinados a uso agrícola, industrial, pecuario, turístico, comercial, habitacional, de recreo y/o cualquier otro propósito lícito. Pueden estar destinados a la prestación de servicios o para construir edificaciones. En los condominios horizontales de lotes cada finca filial será denominada finca filial primaria individualizada (FFPI).

q. Cultivos perennes: Es la vegetación caracterizada por ser de porte arbustivo y/o arbóreo y de ciclo vegetativo superior a cinco años, incluyendo plantaciones forestales.

r. Densidad: Relación entre número de viviendas permitidas en una hectárea.

s. Edificación: Construcción destinada a cualquier actividad, ya sea habitación, trabajo, almacenamiento o protección de enseres, etc.

t. Estudio de Impacto Ambiental: Es un documento de naturaleza u orden técnico y de carácter interdisciplinario, que constituye un instrumento de evaluación ambiental, que debe presentar el desarrollador de una actividad, obra o proyecto, de previo a su realización y que está destinado a predecir, identificar, valorar, y corregir los impactos ambientales que determinadas acciones puedan causar sobre el ambiente y a definir la viabilidad (licencia) ambiental del proyecto, obra o actividad objeto del estudio.

u. Frente mínimo: Longitud mínima permitida de frente para los lotes resultantes de un fraccionamiento, urbanización o condominio de lotes.

v. Frente: Parte de una finca o predio que colinda directamente con vía pública, servidumbre a parcelas agrícolas, pecuarias o mixtas, acceso excepcional de uso residencial o accesos de un condominio de lotes.

w. Impacto Ambiental Potencial: Efecto ambiental positivo o negativo latente que ocasionaría la ejecución de una actividad, obra o proyecto sobre el ambiente. Puede ser preestablecido, tomando como base de referencia el impacto ambiental causado por la generalidad de actividades, obras o proyectos similares, que ya se encuentran en operación. El IAP, posee además clasificaciones que van desde "Muy bajo", "Bajo", "Moderado-Bajo", "Moderado- Alto" hasta "Alto" impacto.

x. Incómoda: Actividades o establecimientos que, sin ser insalubres ni peligrosos, generen molestias manifiestas al vecindario o a las personas que en ellos trabajan, por ruidos, trepidaciones, humo, malos olores, cambios sensibles de temperatura, luces, polvo, gases, humedad u otros inconvenientes.

y. Industria: Todo lugar, descubierto o cubierto, destinado a la elaboración, manipulación, reparación, transformación o utilización de productos naturales o artificiales. Quedan incluidos en esta categoría, los sitios destinados a recibir o almacenar artefactos, instrumentos o utensilios, materiales y materias primas. Se considerará, asimismo, como actividades o establecimientos industriales, para todos los efectos legales, las estaciones de autobuses y de transporte de carga.

z. Infraestructura de telecomunicaciones: Elementos destinados a soportar uno o más elementos activos de la red de telecomunicaciones, como antenas y otros equipos que puede incluir otros elementos asociados como terreno, cuartos o casetas, suministro eléctrico, acondicionadores de aire, entre otros.

aa. Insalubre: Actividades o establecimientos que, por la naturaleza de los trabajos que en ellos se desarrollan o las condiciones en que se realizan, puedan originar efectos capaces de amenazar o dañar la salud de los trabajadores o del vecindario, debido a los materiales empleados, elaborados, desprendidos o de residuos.

bb. La Municipalidad: La Municipalidad del cantón de Paraíso.

cc. Minisúper: Establecimiento de menor tamaño que un supermercado donde se venden artículos de consumo básico.

dd. Molesta: Actividades o establecimientos que, a juicio del Ministerio de Salud, generan incomodidad a las habitaciones vecinas por trepidaciones, cambios de temperatura, luces, polvo, chispas, humo o vapores u olores.

ee. Muy bajo impacto ambiental potencial: Actividades humanas que, por su naturaleza no provocan alteración negativa del ambiente y que no representan una desmejora de la calidad ambiental del entorno en general o de alguno de sus componentes, ni afectación a la salud de la población, debido a que las emisiones atmosféricas, vertidos de aguas residuales, manejo de residuos ordinarios y especiales y ruido se ajustan a las disposiciones establecidas en la regulación vigente. Además, no se utilizan productos peligrosos y no generan residuos de este tipo.

ff. Peligrosa: Actividades o establecimientos que dañen o puedan dañar de modo inmediato y grave la vida de los trabajadores que en ellas laboran o al vecindario, ya sea por la naturaleza de sus faenas o de los materiales empleados, elaborados o de residuos, o por el almacenamiento de sustancias tóxicas, corrosivas, inflamables o explosivas.

gg. Pulpería: Tienda donde se venden artículos de uso cotidiano, principalmente comestibles y otros enseres de uso doméstico. Para los efectos del presente Reglamento, se entiende también como sinónimo de abastecedor.

hh. Reglamento de Desarrollo Sostenible: Instrumento legal que sirve de base para normar y orientar el control y condicionamiento ambiental de la ejecución del desarrollo dentro del territorio en estudio. Con este mecanismo, se pretende lograr un equilibrio entre el proceso de evaluación ambiental y la agilización de los trámites que los administrados deben cumplir ante el Estado, en particular, con la supresión de la repetición de trámites.

ii. Retiro frontal: Término equivalente al de antejardín.

jj. Retiro lateral: Espacio abierto no edificable, comprendido entre el lindero lateral y la parte más cercana de la estructura física.

kk. Retiro posterior: Espacio abierto no edificable, comprendido entre el lindero posterior y la parte más cercana de la estructura física.

ll. Retiros: Son los espacios abiertos no edificados comprendidos entre una estructura y los linderos del respectivo predio.

mm. Riesgo sanitario ambiental: Probabilidad que hace que, en el desarrollo de una actividad en un establecimiento, tenga un efecto o impacto negativo sobre la salud de las personas y el ambiente.

nn. Servicios públicos indispensables: Aquellos que brindan el servicio de disponibilidad de agua potable y de servicio eléctrico.

oo. Servicios: Lo relacionado con el préstamo remunerado de servicios por parte de organizaciones privadas o personas, al sector privado, al sector público o a ambos. Por ejemplo, el transporte, las comunicaciones, los establecimientos privados de enseñanza y esparcimiento, los hoteles y hospedajes de todo tipo, los establecimientos de vehículos, las agencias, los representantes de casas extranjeras, las barberías y establecimientos de belleza o estética y las agencias de publicidad.

pp. Talleres de artesanía o talleres artesanales: Actividad para la producción individual de artículos de uso doméstico con herramientas de mano, en donde se cuenta con venta directa de los productos al público, caracterizadas además por ser de muy bajo impacto ambiental potencial incluyendo aquellas desarrolladas en casas de habitación con categoría de microempresa, que no incorporen en el proceso productivo, materias primas o sustancias peligrosas, ni generen residuos peligrosos.

qq. Uso del suelo: Destino o fin dado a determinado terreno, según la zonificación dispuesta por el Plan Regulador del cantón de Paraíso, sujetas a lo que cada actividad, actual o prevista de una finca o lote, represente en términos funcionales.

rr. Viabilidad (Licencia) Ambiental: Representa la condición de armonización o de equilibrio aceptable, desde el punto de vista de carga ambiental, entre el desarrollo y ejecución de una actividad, obra o proyecto y sus impactos ambientales potenciales, y el ambiente del espacio geográfico donde se desea implementar. Desde el punto de vista administrativo y jurídico, corresponde al acto en que se aprueba el proceso de Evaluación de Impacto Ambiental.

ss. Vivienda multifamiliar: Es la edificación concebida como unidad arquitectónica con áreas habitacionales independientes, apta para dar albergue a dos o más familias.

tt. Vivienda unifamiliar: Es la edificación provista de áreas habitacionales destinadas a dar albergue a una sola familia.

uu. Vivienda: Es todo local o recinto, fijo o móvil, construido, convertido o dispuesto, que se use para fines de alojamiento de personas, en forma permanente o temporal.

vv. Zonificación: Es la división del territorio en zonas de uso, para efecto de su desarrollo racional.

Para todos los efectos del otorgamiento del certificado de uso de suelo y resolución de ubicación, según las normas de la Ley de Planificación Urbana y el Reglamento general para permisos sanitarios de funcionamiento, permisos de habilitación y autorización para eventos temporales de concentración masiva de personas, otorgados por el Ministerio de Salud, Decreto Ejecutivo No.43432, se clasificarán los usos y actividades de la siguiente manera:

1. Uso conforme:

Corresponden a aquellos que no contradicen las características de la zona donde se desea desarrollar una obra, proyecto o actividad, los mismos se indican en el anexo No.2 del presente Reglamento. No obstante, pueden estar sujetos al cumplimiento de normas específicas tales como organización de la actividad dentro de la propiedad, estacionamientos, altura máxima de edificaciones, cobertura máxima de edificación, despliegue de propaganda comercial, rótulos comerciales, horarios de funcionamiento, etc. Para los casos de lotes existentes y debidamente inscritos en el Registro Inmobiliario con su número de finca respectivo, que tienen frente y área que no corresponden a lo reglamentado, se permitirá el desarrollo de actividades siempre que no se contradiga la naturaleza del uso de la zona.

2. Uso condicional:

Corresponden a aquellos que, por sus características pueden causar molestias o incomodidades a los usos conformes en la zona, o bien, aquellos que deben cumplir con requisitos ambientales específicos para la zona según lo establecido en el Reglamento de Desarrollo Sostenible (RDS) del cantón de Paraíso, o de uso tales como, mayores retiros, parqueos, planes de confinación de molestias, etc., garantizando con ello su operación ambientalmente sostenible y sin causar molestias a sus vecinos o bien daño a su entorno. Los usos condicionales corresponden a los indicados en el anexo No.2 del presente Reglamento y el incumplimiento comprobado de las condiciones a las cuales deban sujetarse estas actividades, obras o proyectos, deja sin efecto el otorgamiento de toda licencia municipal previo cumplimiento del debido proceso. Las condiciones específicas a las que quedan sujetas los diferentes usos o actividades se indican en el anexo No.2 del presente reglamento, y para aquellos a los cuales no se establecen condicionamientos específicos se deben confinar únicamente todas las posibles molestias que puedan causar a los predios vecinos.

3. Uso no conforme:

Corresponden a todos aquellos que contradicen las características de la zona donde se desean desarrollar, los usos no conformes se indican en el anexo No.2 del presente Reglamento.

4. Uso existente no conforme tolerado:

Todo aquel uso o actividad no conforme con la zonificación del Plan Regulador, pero que cuente con licencia municipal emitida antes de la promulgación de dicho Plan, sean estos permisos de construcción para usos o actividades específicas, o bien patentes (licencias comerciales), podrá seguir operando bajo su condición de "Uso existente no conforme tolerado" de acuerdo con los artículos 28 y 29 de la Ley de Planificación Urbana, en tanto se mantenga vigente la licencia municipal que lo ampara. El departamento de Patentes verificará la validez del certificado de uso del suelo y los condicionantes que los sustentan al momento de analizar el otorgamiento de la licencia municipal. En estos casos las intervenciones en construcciones existentes se permitirán, como excepción en las siguientes situaciones:

a. Obras de mantenimiento de lo existente (no implique cambios o reparación de la estructura primaria).

b. Cuando el inmueble sea de valor histórico, cultural o patrimonial.

c. Cuando las remodelaciones sean para cumplir con las normas de seguridad e higiene.

d. Cuando el inmueble sufra daños por siniestros. En este caso, para fijar los daños se debe presentar la memoria de cálculo estructural, elaborado por un profesional responsable.

5. Uso no listado:

Todos aquellos usos, actividades, obras o proyectos que no estén especificados en el anexo No.2 "Detalle de usos conformes, condicionales o no conformes" del presente Reglamento de zonificación. Estos usos podrán adquirir únicamente la característica de "condicional" o bien de "no conforme" según el análisis que de ellos se haga en la Comisión de Seguimiento del Plan Regulador, para la emisión del certificado de uso de suelo con base en lo establecido en el presente reglamento.

De conformidad con los artículos 28 y 29 de la Ley de Planificación Urbana No.4240 y sus reformas, se prohíbe aprovechar o dedicar terrenos, edificios, estructuras, a cualquier uso que sea incompatible con la Zonificación del Plan Regulador. En adelante, los propietarios interesados, deberán obtener un certificado municipal que acredite la conformidad de uso a los requerimientos de la zonificación del Plan Regulador de Paraíso. Para el trámite de certificado de uso del suelo se requerirá la firma del propietario del inmueble en la respectiva solicitud, sea de su puño y letra si el trámite es por medios físicos, o bien con la respectiva firma digital en caso de trámites por medios electrónicos. En caso de que la propiedad tenga como propietario a más de una persona, es suficiente que la solicitud sea firmada por un solo propietario como interesado del trámite. Además de lo anterior, los usos ya existentes que se cataloguen como "no conformes tolerados", deberán hacerse constar también con certificado que exprese tal circunstancia. Sin el certificado de uso correspondiente, no se tramitará ni concederá ningún tipo de licencia municipal. Por otro lado, si la municipalidad establece un sistema electrónico para las solicitudes de certificados de uso de suelo, donde no sea necesaria la firma digital, se podrá variar la solicitud, siempre y cuando se establezca un módulo de inscripción del propietario y solicitante en el sistema.

Para los efectos anteriores, se establece en el anexo No.2, la lista de todos los usos conformes, condicionales o no conformes para todas y cada una de las respectivas zonas descritas en el Capítulo II. La Municipalidad queda facultada además para establecer un monto a cobrar por la emisión de cada uso de suelo que se le solicite, respaldada en un estudio que justifique la tarifa aplicada.

La zonificación del Plan Regulador se establece para alcanzar los objetivos de desarrollo propuestos, así como para lograr una relación armónica entre los diversos usos de suelo, sin embargo, debido a que es posible que una finca o predio determinado se ubique sobre dos o más zonas de uso planificado, se puede generalizar cualquiera de ellas en todo el inmueble, atendiendo lo siguiente:

a. No se podrá aplicar el beneficio de este artículo para inmuebles que cuenten con Zona Agropecuaria o Zona de Protección, ubicados dentro o fuera del anillo contención de crecimiento urbano del Plan GAM.

b. Se podrán generalizar solo aquellas zonas planificadas que, de acuerdo con el Mapa de Zonificación del Plan Regulador, abarquen un 25% o más del área de la finca de interés y ésta a su vez cumpla con el área y frente mínimo requerido por la zona que se pretende generalizar.

c. La variación solo podrá valorarse por solicitud del propietario presentada ante la dependencia de Departamento de Desarrollo Urbano de la Municipalidad o aquella que la sustituya. Dicha solicitud debe hacerse para una actividad, obra, proyecto o uso específico, debidamente descrito y detallado en la solicitud. No procederá el trámite de solicitudes sin detallar claramente el proyecto o actividad que se desea desarrollar, para lo cual cuando se trate de industria (incluyendo estaciones de autobuses y transporte de carga), comercio y servicios se deberá detallar entre otras variables, el tipo de productos o servicios que se van a ofrecer o los procesos productivos que se van a desarrollar, el tipo de molestias que puede producir la actividad obra o proyecto, sea por ruido, trepidaciones, humo, olores, cambios sensibles de temperatura, luces, polvo, gases, humedad u otras posibles fuentes de molestias como el tipo de residuos sólidos y/o líquidos, así como la cantidad aproximada de personas trabajadoras en la actividad, obra o proyecto.

d. El estudio técnico por parte del analista de uso del suelo para la generalización de una zona determinada deberá evaluar como mínimo:

• i)Las limitantes y potencialidades según los tipos de fragilidad ambiental presentes y documentados en la Licencia Ambiental del Plan Regulador, emitida por la SETENA.
• ii)Conformidad con las zonas colindantes, amparándose para ello en los conceptos de usos conformes, condicionales o no conformes que en ellas se aplican.

Hechas las evaluaciones anteriores, el encargado de emitir el certificado de uso de suelo, remitirá su informe a la Comisión de Seguimiento del Plan Regulador quien decidirá sobre la aprobación o negación del uso de suelo. Estos usos podrán adquirir únicamente la característica de "condicional" o bien de "no conforme". En caso de que dicha respuesta sea positiva, la misma se hará acompañar por un certificado de uso de suelo en el que se expongan todos los condicionantes a los que queda sujeto dicho cambio, incluida la descripción sucinta del uso, actividad, obra o proyecto para el cual se otorga. En caso de ser negativa la respuesta, la misma se le dará a conocer al solicitante.

El certificado de uso de suelo se mantendrá vigente en tanto el predio al que hace referencia no sufra cambios registrales tales como cabida y número de plano que provoquen inconsistencias con los datos consignados en el certificado, o bien en tanto el Plan Regulador del cantón de Paraíso no sufra cambios relacionados con el inmueble en cuestión. La vigencia del certificado de uso de suelo bajo los cambios indicados en el párrafo anterior se establece según lo dispuesto en el transitorio I del Plan Regulador del cantón de Paraíso.

Camiones expendedores de comida y ferias, turnos o similares.

Para efectos de emisión de certificado de uso de suelo, además de lo dispuesto por el Reglamento de Mapa Oficial del Plan Regulador del cantón de Paraíso, para los casos de ubicación en espacios públicos, las ferias, turnos y similares se considerarán usos condicionales sujetos a cumplir con el art.4 del Reglamento Ferias, Turnos y Similares, Decreto Ejecutivo No.17923-S, sus reformas o normativa que la sustituya. En todo caso que se incluya venta de licores se debe acatar lo establecido en la Ley de Regulación y Comercialización de Bebidas con Contenido Alcohólico No.9047 y sus reformas.

Para el caso particular de food trucks o camiones expendedores de comida, éstos deberán apegarse a lo establecido en la Ley de comercio sobre ruedas No.10254 y sus reforma o normativa que la sustituya, y solo podrán operar en una finca o predio que cumpla con los requisitos mínimos del citado Reglamento de Ferias, Turnos y Similares y sus reformas o normativa que lo sustituya, y de igual manera en caso de operar en espacio público, sólo podrán hacerlo en aquellos sitios que se habiliten específicamente para esta actividad según las normas del reglamento antes referido, en cuyo caso, el uso del espacio público quedará sujeto al acuerdo de aprobación del Concejo Municipal y al pago del canon establecido en el Reglamento de Mapa Oficial del Plan Regulador Paraíso.

Cambio de uso de suelo en condominios construidos.

Cuando se solicite un certificado de uso de suelo para una actividad, obra o proyecto que implique la variación del destino general del condominio o bien del destino especial de una de sus filiales, se deberá cumplir con lo dispuesto por el artículo No.27 de la Ley Reguladora a la Propiedad en Condominio, Ley No.7933, y sus reformas o normativa que la sustituya, además el uso o actividad solicitado deberá cumplir con la zonificación y anexo No.2 "Detalle de usos conformes, condicionales o no conformes" del presente reglamento.

Actividades comerciales o de servicios en urbanizaciones residenciales constituidas.

El desarrollo de actividades comerciales o de servicios en urbanizaciones residenciales con plano general aprobado por la Municipalidad y el Instituto Nacional de Vivienda y Urbanismo (INVU), podrá darse en aquellos lotes específicamente autorizados para uso comercial dentro del citado plano general de la urbanización, aunque el Plan Regulador de Paraíso disponga otra zonificación diferente. Fuera de las áreas comerciales consignadas en el plano general de la urbanización se mantendrá como uso conforme la vivienda sin perjuicio de poder desarrollar otras actividades, obras, proyectos permitidos para cada zona por el presente Reglamento, que puedan desarrollarse armoniosamente con el uso residencial.

Terrenos aledaños a sedes diplomáticas.

Como deferencia a la seguridad que deben los Gobiernos a las sedes diplomáticas según la Convención de Viena, Ley No.3394, se impone una restricción de altura de no más de dos pisos o 7m a las nuevas construcciones en los terrenos aledaños a sedes diplomáticas independientemente de lo dispuesto por la zonificación del Plan Regulador de Paraíso, siempre que el inmueble o local de la misión sean propiedad del Gobierno representado. Esta restricción regirá dentro de una franja de cincuenta metros medidos desde los linderos del inmueble en el que se ubica la sede diplomática.

Áreas Silvestres Protegidas (ASP).

Las áreas silvestres protegidas del cantón son áreas ambientalmente frágiles, las cuales procuran la conservación de los recursos naturales.

Para el caso del cantón de Paraíso se contempla el Parque Nacional Tapantí y la Reserva Forestal Río Macho, incluidos dentro de los límites cantonales, mismos que comprenden territorios completamente administrados por el SINAC, cuyos usos y manejo se regirán por el respectivo Plan de Manejo que se implemente de conformidad con la legislación vigente, o en su defecto según lo establecido en el Plan de Ordenamiento Ambiental Decreto Ejecutivo No. 29393-MINAE y sus reformas o normativa que lo sustituya.

La autorización de toda obra, proyecto o actividad será gestionada en primera instancia a través del SINAC, según la dependencia que corresponda, y atendiendo la normativa indicada por dicha institución. La Municipalidad de Paraíso no emitirá ningún uso de suelo sin la previa autorización del SINAC antes mencionada, y aun contando con la misma los usos de suelo dados en estas ASP, serán únicamente bajo la categoría de uso condicional sujeto al cumplimiento de la normativa que establezca la legislación ambiental del país.

En ningún caso se actuará en contra de las indicaciones del SINAC para las obras, proyectos o actividades autorizadas, dentro de los límites de las ASP.

Para el caso de la Reserva Forestal Río Macho, en ausencia de Plan de Manejo y/o de norma nacional o regional, se podrán permitir las siguientes actividades, obras o proyectos con la previa autorización del SINAC y sujetos a los siguientes condicionantes:

. Fraccionamiento simple de terrenos con lote mínimo de 2 hectáreas y frente mínimo de 30m.

. Una única vivienda unifamiliar por finca para uso del propietario o los propietarios del inmueble, con un máximo 200 m2 de construcción en dos plantas y otras construcciones necesarias para el uso o servicios de las fincas siempre y cuando estas se mantengan dentro de lo catalogado como actividades, obras o proyectos de muy bajo impacto ambiental potencial conforme a lo establecido en el Decreto Ejecutivo No. 43898 -MINAE-S- MOPTMAG- MEIC Reglamento de Evaluación, Control y Seguimiento Ambiental. Para los efectos anteriores deberá presentar el Formulario establecido por la municipalidad para su control y cumplir con lo establecido en el Código de Buenas Prácticas Ambientales, Decreto Ejecutivo No. 32079 del 14 de setiembre de 2004 y con cualquier mecanismo voluntario para mejorar el desempeño ambiental.

. Agricultura conservacionista (agricultura orgánica, ganadería sostenible, entre otros) asociado a actividades ya existentes. De ninguna forma se permite el cambio de uso de suelo de bosque a uso agrícola.

. Para clubes campestres en terrenos no menores a 2 hectáreas y con la cobertura de edificación no mayor 1000 m2 de construcción cumpliendo para todos los efectos lo establecido en el DE 43 898-MINAE-S-MOPT-MAG-MEIC Reglamento de evaluación, control y seguimiento ambiental, y sus reformas o normativa que lo sustituya.

Asimismo, se tendrán como usos no conformes además de todos aquellos que expresamente así señale el SINAC, las urbanizaciones residenciales o fraccionamientos con fines urbanísticos.