For the purpose of regulating the different activities that are developed in the territory of the canton, consolidating certain uses and activities and protecting against others that are annoying or incompatible, land use is classified into the following types:
a)- Conforming Uses. These are all activities and building works that comply, without any condition or restriction, with the requirements and guidelines of this Plan Regulador in a specific zone.
b)- Non-Conforming Uses. These are all activities and building works that are not permitted in specific zones, for not complying with the requirements and guidelines of the Plan Regulador.
b.1)- Tolerated Non-Conforming Uses. These are all activities and building works existing as of the effective date of this Plan Regulador, but which are not compatible with its requirements and guidelines.
The declaration of tolerated non-conforming use shall apply to all those activities and building works that, not being conforming, are in any of the following cases:
1. When a current business license (patente) exists for the requested activity.
2. When a construction or remodeling permit exists for the requested activity.
3. When a Certificado de Uso del Suelo exists and, during its validity, has served as a basis for the preparation of construction plans or any other procedure before competent public institutions.
4. When the existing infrastructure in the zone cannot be used for the uses permitted in this Plan Regulador, and is only suitable for the requested activity.
In these cases, the expansion of these activities or building works that involve growth is not permitted, and interventions in existing constructions are only permitted in the following cases:
1. When the works correspond to maintenance work on what exists and do not involve changes to or repair of the primary structure.
2. When the property is declared of historical, cultural, or heritage value by the competent institution.
3. When the remodeling is necessary to comply with environmental, safety, and hygiene standards.
4. When the property suffers damage due to incidents, due to situations of fortuitous events or force majeure.
b.2)- Prohibited Non-Conforming Uses. Non-conforming activities and works in a zone that do not meet the requirements established for being considered tolerated.
c)- Conditional Use. These are all activities and building works that may occur in a zone, provided they comply with the conditions established by the Municipality, through the Comisión de Seguimiento del Plan Regulador, so that any nuisances that such activities may generate are confined to the property's own boundaries and limited to a specific schedule. Depending on the nature of the activity, the corrective measures defined by the Municipality itself must be adopted, in coordination with the Ministerio de Salud or the Dirección de Urbanismo of the INVU.
Within this type of use, complementary uses would be encompassed, that is, all those activities and building works for commerce and services that can occur in a residential zone and that serve the daily needs of the population of the neighborhood, citadel, or urbanization itself. Complementary uses are also defined for each use zone delimited on the zoning map (mixed, commercial and services, public institutional, etc.).
When applying these types of uses, a series of particular case scenarios may arise, which are described below:
- Concurrent or Boundary Use: These are activities and building works that will be carried out on lands located on the dividing line between two or more uses.
In this case, the Municipality (the Comisión de Seguimiento del Plan Regulador) will decide which type of land use is certified as conforming, considering the land uses in conflict and the predominance of the land use in the adjacent influence zones, considered in relation to the requested activity.
- Temporary Use. These are temporary activities or constructions for activities related to events such as fairs, popular celebrations, community festivals, patron saint festivities, concerts, festivals, and the like. This use will be granted for a maximum period of one month.