All new constructions, subdivisions (fraccionamientos), and developments (urbanizaciones), as well as activities to be located in existing buildings, must comply with the basic requirements of the zone where they are located. Such basic requirements refer to: minimum surface area and frontage of the lot, maximum height and coverage (cobertura) of the construction, setbacks (retiros) (front gardens (antejardines) and yards) of the construction, permitted housing density, and special conditions, if any (see article 8.1.). In cases of existing uses that are not in conformity with the zoning, it must be analyzed whether by means of special norms they can become conditional uses (usos condicionales). In case otherwise, they must be relocated within a maximum period of five years, from the date of approval of the Regulatory Plan.
9.1. Minimum frontage.
The frontage of a property (finca), parcel, or lot, is understood as the total length of the direct boundary of a property with one or more public streets. Therefore, the minimum frontage corresponds to the minimum total length of boundary allowed with a public street. This minimum frontage applies to new subdivisions (fraccionamientos) or developments (urbanizaciones). In the case of corner lots, at least one of the frontages must comply with the minimum frontage defined by the zoning where it is located. Summing the frontages with one or more streets is not permitted for the purposes of complying with the corresponding minimum frontage.
9.2. Minimum surface area.
The surface area or area of a property (finca), parcel, or lot, is understood as the space of land contained within its boundaries. Based on the foregoing, the minimum area allowed in the different zones, corresponds to the minimum surface area allowed that lots must have for the purposes of new subdivisions (fraccionamientos) and developments (urbanizaciones).
9.3. Maximum building height.
The total height of a building is defined as the distance measured between the main floor level or vestibule to the crown beam of the last floor, without considering chimneys, parapets, breast walls (antepechos), elevator shafts, water tanks, mechanical elements, and recreational elements on the upper terraces. The maximum building height is the maximum total height allowed for buildings in the different use zones.
9.4. Maximum coverage (cobertura).
For the canton of Escazú, the maximum coverage (cobertura máxima) is defined as the area of a lot that comprises the maximum horizontal projection of a structure, as well as the paved spaces, cobblestoned spaces, or those with any material that makes the infiltration of rainwater into the ground difficult and that is destined for parking lots, access roads, swimming pools, tennis courts, and the like. The area free of coverage (cobertura) allowed is that which must be destined for green areas of gardens or even covered with trees or non-roofed areas covered with permeable systems such as "block" grass (zacate "block").
9.5. Setbacks (Retiros).
Open spaces, not built on, comprised between a structure and the boundaries of the lot where it is located; front, side, and rear setbacks (retiros) are taken into account.
The front setback (retiro frontal) or front garden (antejardín): Distance existing between the property line of the front of the land and a line parallel to it, known as the building line. This distance will vary according to the nature of the road and the characteristics of the proposed building. This information is set in the Roadway and Transport Regulation (Reglamento de Vialidad y Transporte) of this Regulatory Plan.
The front setback (retiro frontal), also known as front garden (antejardín), serves the building as a buffer strip for cases of traffic accidents, reduces noise pollution levels, improves the privacy of its inhabitants, offers space for the location of inspection boxes (cajas de registro) and septic tanks (tanque séptico), and allows the city to be beautified if trees and shrubs are planted in it.
It is not permitted to build in the front setback (retiro frontal), except under these exceptions:
- a)Balconies: Are permitted as long as they do not protrude more than one meter from the building line and their surface area does not exceed more than one-third of the total area destined for the front garden (antejardín). They must be built as cantilevered structures (en voladizo) and not be used as habitable area under any circumstance.
- b)Security booths: Will be permitted as long as they are not complete habitable rooms, but office-type, with a half bathroom (service sanitario) (without shower) and do not exceed four square meters on a single level. Eaves or any architectural element outside the property line are not permitted. For condominiums of any type (commercial, residential, and/or mixed), of thirty or more units (filiales), or of more than three thousand five hundred square meters, including the parking area, a guard booth or station with a minimum area of six square meters will be required, including a bathroom (servicio sanitario) and an area for food preparation.
- c)Garbage enclosures: May be designed parallel to the property line with direct access to the sidewalk, provided that the doors are sliding and not swinging. Their size will depend on the volume of waste that will circulate in the project, but in no case may it exceed one-tenth of the total front garden (antejardín). Furthermore, the height of these structures may not exceed one meter, this in accordance with article 9.5 subsection f) of this regulation of the Regulatory Plan of Escazú and article IV.10 of the Regulation to the Construction Law.
- d)Meters: May be located on the property line, without the structure protruding onto the sidewalk and without it exceeding two meters in height, nor its width exceeding one-tenth of the property's frontage.
- e)Special cases: When, due to reasons of land shape or because it involves a structure not contemplated in the previous cases, it is necessary to study the particular case, this will be referred to the Commission or Office of the Regulatory Plan for it to analyze and make recommendations. In no case may public areas, private property, or the protection areas established in the Forestry Law (Ley Forestal) No. 7575, art. 33 be invaded.
- f)Gates: Gates with their respective structure (columns and eave) are permitted on the property line provided that their leaves have more than 80% visibility; as for walls (tapias), these must be located on the building line defined for each case. Doors and/or gates on the property line must open inward or parallel to the cited property line and never outward.
In no case will habitable spaces be permitted outside the building line.
The side setback (retiro lateral): For single-story constructions, the minimum setback (retiro) will be three meters (3m), a distance that can be reduced to one meter fifty centimeters (1.50m) if there is a side wall (tapia) with height up to the load-bearing beam. For constructions of two or more stories, the minimum side setback (retiro lateral) will be three meters (3m) whether or not a wall (tapia) exists; and for each additional story, an additional meter fifty centimeters (1.50m) must be added. If there are no side windows, the setback (retiro) can be dispensed with or stepped setbacks (retiros escalonados) (with windows) can be used.
The rear setback (retiro posterior): At a minimum, this setback (retiro) must measure three meters (3m) for buildings of one or two stories; but if the building exceeds two levels, the setback (retiro) will increase 1.5 m for each one. The rear setback (retiro posterior) may be substituted by an equivalent area in the interior of the lot, in order to obtain a better architectural distribution of the project, provided that the current norms on natural ventilation and lighting are complied with, and the building does not exceed three stories. Stepped setbacks (retiros escalonados) are not permitted. The space of the rear setback (retiro posterior) must be left open from the boundary to the respective rear facade. The setbacks (retiros) from rivers and streams (quebradas), for the purposes of this article, are rear setbacks (retiros posteriores), which must measure at least 10 meters (Forestry Law (Ley Forestal), art. 33) and at least 5 meters must be reforested from the river's edge inward (Water Law (Ley de Aguas), art. 148).
9.6. Densities.
Density can be treated as net residential density or gross residential density, both measured in dwellings per hectare, whose definitions are detailed in chapter VI of this Regulatory Plan. However, for urban control purposes, the concept of gross residential density will be applied, where the number of dwelling units allowed per lot is the quotient of dividing the land area by the minimum lot area allowed in the zone. In this case, the integer fraction of the quotient will dictate the number of dwellings allowed on the land, and in case the decimal fraction is equal to or greater than 0.51, then one additional dwelling unit will be permitted. On the other hand, in existing lots duly segregated by registry and cadastre before the promulgation of the Regulatory Plan, whose capacity is less than that corresponding to the minimum lot of the zone, the construction of at least one dwelling will be permitted provided that the other norms of the Regulatory Plan regulations are complied with.
12.2. Linear Commerce Zone (Zona de Comercio Lineal, ZCL).
This type of commerce has been concentrated on the margins of the national highways and is defined as a strip of 50 meters along national routes 310, 121, 105 and 167, and the section of Matapalo Street, South of Multiplaza, according to what is indicated on the zoning map. In the stretch of the Linear Commerce Zone (ZCL) from the Paco Shopping Center to the cantonal limit with Santa Ana, the conditional uses (usos condicionales) of the ZCL will be taken as non-conforming uses, except for condominiums which will remain as conditional uses (usos condicionales), due to the proximity to residential uses. In the so-called "Milla de Oro", it includes the adjacent lots to the west of the El Lago Shopping Center, as reflected by the zoning map of this Regulatory Plan, encompassing the land of the former Hotel María Alexandra.
In the stretch of the Linear Commerce Zone between the urban quadrant of Escazú and the sector 200 m North of the urban quadrant of San Antonio, the maximum height will be 10.5 meters. In the sector of the Camino Real Hotel (south margin of the Próspero Fernández highway) and the road towards Guachipelín (tunnel), the height allowed in the strip of the Linear Commerce Zone (ZCL) will be a maximum of 28 meters, likewise between the Guachipelín tunnel and the bridge over the Agres River (north margin of the Próspero Fernández highway), a maximum buildable height of 28m is permitted. In these last two sectors, hotels are permitted as a conditional use, provided that the property (finca) where they are built is larger than 2000 m2, and the buildable coverage (cobertura edificable) does not exceed 50%. Finally, in the Matapalo Street sector, a maximum height of 38 meters will be permitted.
In the stretch of the Linear Commerce Zone between the Guachipelín tunnel heading north to the José Martí Club (in front of the Loma Real development (urbanización)), commercial use projects with 50 or more parking spaces that are developed must present a traffic impact study (estudio de impacto vehicular) and implement road improvements that prevent the deterioration of vehicular and pedestrian circulation conditions.
Multifunctional buildings will be permitted in this zone, being able to apply the height that governs in the Linear Commerce Zone for the entire project." 12.2.5. Conditional uses (Usos condicionales).
- a)High-Density Residential, provided that the owners accept the inconveniences of location within the commercial zone.
- b)Commercial-type warehouses and workshops no larger than 250 square meters of construction.
- c)Bars, which must comply with the provisions of Chapter XI of the Regulation to the Construction Law regarding "Places of Public Assembly (Sitios de Reunión Pública)".
- d)Churches and, in general, places of worship, which must comply with the provisions of the Regulation for the sanitary functioning of Temples or places of worship and their modifications (Gaceta No. 144 of July 26, 2007).
- e)Educational centers, which must conform to the provisions of art. 11.3.4-f of the present Regulatory Plan and, in matters not expressly regulated, to Chapter No. XI of the Regulation to the Construction Law regarding "Buildings for Education".
- f)Bus depots/terminals (Planteles).
- g)Cemeteries, provided they comply with all the provisions of decree No. 32833 "General Regulation of Cemeteries (Reglamento General de Cementerios)" and its reforms.
For points "b", "d", and "f", in case of new construction, side and rear setbacks (retiros) of 3 meters will be required. The moment any of the previous uses or any other conditional use not listed in this article constitutes an element of danger, unhealthiness, or inconvenience for the zone, whether due to the maintenance conditions of its premises, the manner or systems it employs in carrying out its operations, the manner it employs to eliminate the waste, residues, or emanations resulting from its tasks, or the noises its operation produces, it will then become a non-conforming use, and the Municipality, in coordination with the Ministry of Health, may carry out the due process to correct the fact or element generating the danger, or failing that, cancel its municipal license temporarily or definitively if the case warrants it. For such purposes and in order to classify the inconveniences, dangers, or unhealthiness, the provisions of the Regulation on Industrial Hygiene (Reglamento sobre Higiene Industrial) of the Ministry of Health will be used.
12.3.2. Punctual Commerce Zone San Antonio Center (Zona de Comercio Puntual Centro de San Antonio, ZCPCSA).
Corresponds to the surrounding sector of the San Antonio Church, also comprises the sector along national route 105, from the southeast corner of the block of the San Antonio Church, advancing 100 meters eastward on the south margin of the cited national route, in a strip 50 m wide. Said strip extends to the point where the commercial zone currently reaches along the north margin of the cited national route. It also includes a strip 50 m wide to the west and north of the block containing the Monumento al Boyero.
This commerce presents rural characteristics that reflect the type of community where it is located. Therefore, the projects that settle in this center must propose an architecture complementary to the historical urban form of the site. The maximum height of the buildings will be 7 meters. For parking spaces, see art. 12.2.3.
- Setbacks (Retiros).
The front setback (retiro frontal) is not required, but the space of 2 meters on streets and 2.50 on avenues, necessary for the construction of sidewalks, will be required; regarding side and rear setbacks (retiros), see article 9.5.
- Conforming uses.
- a)Commerce and services.
- b)Offices.
- c)Institutional services.
Conditional uses (Usos condicionales).
- a)Residential, provided that the owners accept the inconveniences of location within the commercial zone.
- b)Car parking lots, with a maximum capacity of 25 spaces.
- c)Existing bars.
- d)Existing workshops.
- Non-conforming uses.
- a)Parking of cargo trucks (furgones).
- b)Bus depots/terminals (Planteles de buses).
- c)Restaurants with public shows.
- d)Discotheques and similar.
- e)New bars.
- f)New workshops.
- g)Motels and encounter houses (casas de citas).
12.5 Mixed Linear Zone for Sustainable Development (Zona Mixta Lineal para el Desarrollo Sostenible).
The Mixed Linear Zone for Sustainable Development comprises a space dedicated to fostering Local Economic Development with environmentally friendly practices and the satisfaction of local social and economic needs. The mixed activities permitted in this zone include housing, small-scale neighborhood commerce, and complementary services for residential use. The buildings proposed must thoroughly comply with design, construction, and operation criteria that achieve an impact-contribution balance for the building throughout its entire life cycle and minimize the impact created by constructing the property, which entails altering the environment through the extraction and handling of resources, energy demand, transportation of inputs, and the demand for these throughout the building's existence. Furthermore, aspects of research and application of instruments that yield the best solution between established practices and emerging concepts must be addressed in pursuit of sustainable development.
- Requirements 1. Site Design or siting of the work.
- a)The building design must provide the ideal location to maximize the use of natural air and light in order to utilize them in the dynamics of the property's use cycle.
- b)The building location must serve service demands within walking distances for pedestrians and non-motorized transport systems; therefore, buildings must be in strategic points where they meet a need rather than creating one. In the case of commercial and service buildings, they must provide locker rooms, showers, and bicycle parking facilities for workers who wish to use this mode of transport. The above facilities must be provided at a rate of one room with shower and locker room for men for every 400m2 of constructed area or fraction thereof and one room with shower and locker room for women for every 300m2 of constructed area or fraction thereof.
2. Water resource management:
- a)The building must have the capacity to capture and reuse rainwater, using it to supply needs that do not require potable water. In addition, the design of the building and its surroundings must guarantee the reduction of the stormwater runoff flow it generates, also applying the use of permeable pavements and pipes throughout the entirety of its parking areas, except those generated underground within the building's footprint.
- b)All commercial or service buildings must have wastewater treatment plants. The use of traditional septic tanks in single-family or multi-family dwellings is not permitted in this zone; therefore, alternative systems permitted by health authorities (improved septic tanks) must be used.
3. Energy consumption management:
- a)Energy planning must reduce energy demand through the implementation of low-consumption systems and equipment and the on-site production of clean energy in order to reduce the property's dependence on conventional service.
- b)The use of conventional cooling or air conditioning systems that generate emissions harmful to the environment or have high energy consumption compared to other environmentally friendly alternatives that may be available on the market is not permitted in commercial or office buildings developed in this zone, except for cooling systems for perishable products. For these purposes, the building design must contemplate the maximum use of natural ventilation.
4. Solid waste management and treatment:
All buildings developed in this zone, covered by this regulation, whether for residential, commercial, or service use, must be integrated into the recoverable solid waste collection service of the Municipality of Escazú and comply with the rules of the "Reglamento para el manejo discriminado de desechos sólidos en el Cantón de Escazú," published in the Gaceta of April 15, 2002, and its amendments. Waste collection will be carried out door-to-door, and the waste must be separated according to the specifications of the aforementioned service.
5. Other specifications:
- a)Housing density: 50 dwellings per hectare b) Maximum building height: 14 m c) Maximum site coverage (cobertura): 80% d) Minimum lot area: 200m2 e) Minimum frontage: 10m f) Parking for commercial or service premises: one space for every 30m2 of area designated for commercial or service premises; additionally, for commercial or service buildings larger than 300m2, they must provide one additional parking space for every 1000m2 of construction or fraction thereof with the same dimensions as an automobile parking space, equipped with a device for parking bicycles or other non-motorized vehicles.
- g)Signs or outdoor advertising: one sign is permitted per commercial or service premises, not exceeding 1.5m2, properly attached to the wall of the premises. Illuminated signs are not permitted.
- h)Front setback (retiro frontal): 2m i) Side setbacks (retiros laterales): as specified in article 9.5 12.5.1 Conforming Uses a) Single-family and multi-family housing b) Mixed-use buildings of the multifunctional type that harmoniously combine commercial or service uses with residential use.
- c)Commerce whose total coverage area designated for commercial premises does not exceed 200m2 to meet the needs of the immediate residential sectors. This includes small grocery stores (pulperías), mini-markets, convenience stores, art galleries, cafés, theaters, etc.
- d)Bank offices that do not exceed 200m2 of built coverage.
- e)Professional service offices (doctors, lawyers, engineers, architects, accountants, etc.).
12.5.2 Conditional Uses a) Daycare centers, kindergartens, and primary and secondary educational centers according to the specifications contained in Article No. 11.5.4 b) Hotels, provided they comply with the specifications of article 11.5.4 c) Senior care homes or nursing homes provided they comply with the rules and specifications of the competent authorities and Ley 7600 in all its aspects.
- d)Restaurants, provided they do not cause nuisance to the surrounding residential use due to noise, odors, insufficient parking, etc.
- e)Gyms or centers for physical exercise, provided they do not cause nuisance to the surrounding residential use due to noise, vibrations, or parking.
- f)Public parking lots b) Non-Conforming Uses a) Bars, discotheques, or similar.
- b)Billboard advertising (vallas publicitarias).
- c)Automotive, electromechanical, body straightening and painting workshops, etc.
- d)Premises for electronic games, pool halls, and billiards.
- e)Churches or places of worship f) Industry in general g) Bus depots, container yards, truck yards, or similar h) Motels, casinos, and brothels (casas de citas).
Installation of outdoor advertising.