A business at home: the 25%, one chair and who may work

It is Chapter 8.4 of Joint Regulation No. 9473, which governs accessory buildings and uses. An accessory use is one accompanying a property’s main use: the office in the house, the storeroom behind the shop, the watchman’s hut at the factory. The chapter sets four general rules for all of them and then rules of its own according to whether the main use is residential, commercial, a shopping centre, industrial, or institutional and tourist.

Accessory uses may be provided to any main purpose permitted in the district where the property sits. Four conditions apply to all: every accessory use shall be clearly incidental and ordinarily related to the main purpose it is to serve; it must contribute to the comfort, convenience or need of the users of the main purpose served; it must be established together with or after the main purpose, but never before; and discontinuing the main purpose implies discontinuing the accessory uses, except for the dwelling units permitted in accessory buildings in residential districts.

• That the accessory use be clearly incidental and ordinarily related to the main purpose, and be established together with or after it, never before.Verified against the official source
• That the space for the professional office, the home occupation or the salon not exceed twenty-five per cent (25%) of the gross floor area of the dwelling unit it is accessory to.Verified against the official source
• That the district’s residential character be kept, avoiding any impression that the property is used for a purpose other than the permitted dwelling, with the exception of the sign permitted for that accessory use.Verified against the official source
• That the accessory building have no more than two (2) storeys and not exceed seven (7) metres in height or the height of the main building it serves.Verified against the official source
• That the accessory building’s occupancy area not exceed twenty-five per cent (25%) of the main building’s area or fifteen per cent (15%) of the lot area, whichever is less.Verified against the official source

Information pending verification.

1. 1

   Step 1: The four rules that apply to everything

   Before looking at your specific case, the chapter sets four conditions for any accessory use. Every accessory use to be permitted shall be clearly incidental and ordinarily related to the main purpose it is to serve. Every accessory use must contribute to the comfort, convenience or need of the users of the main purpose served. Every accessory use must be established together with or after the establishment of the main purpose it is to serve, but never before — which rules out building the accessory building first and the house afterwards. And discontinuing the main purpose implies discontinuing the accessory uses, except for the dwelling units permitted in accessory buildings in residential districts.

2. 2

   Step 2: A resident’s professional office or studio

   Where space is provided for these purposes as an accessory use to a permitted dwelling unit, the space shall be no larger than twenty-five per cent of the gross floor area occupied or used by the dwelling unit it is accessory to. If an accessory building is used, the size will be the lesser of that twenty-five per cent and the permitted occupancy percentage corresponding to that accessory building. On staffing, the rule is strict with one exception: in connection with these activities only family members residing in the dwelling unit may be used, except in the practice of a profession, where one outside person may be employed. And in every case, the services rendered shall be those produced by the resident responsible for the studio or professional office. In addition, the district’s residential character shall be kept, avoiding any impression or reference that the property is occupied or used, wholly or in part, for any purpose other than the permitted dwelling, with the exception of the sign permitted for this accessory use.

3. 3

   Step 3: The home occupation

   The same twenty-five per cent cap on gross floor area, and the same lesser-of rule where an accessory building is used. The differences are in the staffing and the product. In connection with operating this home occupation, only family members residing in the dwelling unit may be used, and mechanical equipment in ordinary household use for purely domestic purposes — that is, neither outside employees nor industrial machinery. The services rendered or goods sold shall be those produced by the family members residing in the dwelling unit. And there is an express prohibition worth underlining: no site or space shall be provided or kept for selling food or drink. As with the office, the residential character must be kept, with the sole exception of the permitted sign.

4. 4

   Step 4: The barber shop or beauty salon: one chair

   Where space is provided for a barber shop or beauty salon as an accessory use to a permitted dwelling unit, the twenty-five per cent of gross floor area applies again, and the lesser of that percentage and the permitted occupancy where an accessory building is used. But here the regulation sets two limits that define the business: in connection with operating these uses only one chair may be used, and the operator must reside in the dwelling unit they are accessory to. The services rendered or goods sold shall be those produced by the operator living in the dwelling unit. And again, the property’s residential character must be kept, with the exception of the sign permitted for these accessory uses. Note: this is the zoning side. The barber’s or stylist’s professional licence is a separate matter, with rules of its own.

5. 5

   Step 5: Dwelling units in an accessory building

   Providing dwelling units in accessory buildings, except in R-U and R-T districts, is permitted as an accessory use where dwelling units exist in the main building, provided the property’s population density conforms to what is established for the district and the number of dwelling units in the accessory building is no more than two. The regulation adds the detail of what that dwelling may be: the second storey of an accessory building may be occupied or used exclusively for dwelling units, provided the bedrooms number no more than three and each is no larger than twelve feet by twelve feet, and the additional rooms include only a living room, dining room, kitchen, bathroom and one balcony per permissible dwelling unit. And remember the general exception: if the main use is discontinued, the accessory uses are discontinued too — except precisely these dwelling units in residential districts.

6. 6

   Step 6: How big the accessory building may be

   Height: accessory buildings to a main residential use may not have more than two storeys and shall not exceed seven metres in height or the height of the main building they serve, except for agricultural-use buildings permitted in the districts, whose heights are set from the use’s particular conditions. Occupancy area: the combined occupancy of main and accessory buildings shall not exceed what the district permits, and the accessory building’s occupancy shall not exceed twenty-five per cent of the main building’s area or fifteen per cent of the lot area, whichever is less. Gross floor area: it shall be double the occupancy area. Those three numbers — two storeys and seven metres, the lesser of 25% and 15%, and double the occupancy — are what decide whether your shed, your workshop or your flat over the garage fits.

7. 7

   Step 7: Where it may go on the lot

   Spaces for accessory uses may be provided as part of a main building or in accessory buildings, and these may sit in any section of the lot where the main building may be located, or in required side or rear yards under conditions. On interior lots, accessory buildings may sit in required side or rear yards provided they are built at a distance from the street line of no less than sixty per cent of the lot depth; and where the lot depth is greater than the district requires, a setback equal to the required percentage multiplied by the district’s minimum lot depth is allowed. On corner lots or lots fronting two or more streets, besides the sixty per cent of the depth, the distance shall be no less than forty per cent of the distance between the street line and the opposite side of the lot where that distance is not the depth. And in all cases: accessory buildings built up to the lot line shall be separated from the main building by no less than one and a half metres, and if it is to be sited closer than one and a half metres to the main building, it must observe the district’s required yards.

8. 8

   Step 8: If your main use is commercial or industrial

   For a main commercial use, storage as an accessory use shall be no more than fifty per cent of the gross floor area occupied or used for the main purpose, and if an accessory building is used, the lesser of that size and the occupancy permitted for that building. Motors, electrical substations and compressors or refrigeration units must be located as part of the main building without protruding beyond its general lines; where the nature of the use does not allow it, they may sit in separate structures, provided a separation of no less than ten feet from any side or rear boundary line is observed. Height for commercial accessory buildings is two storeys and seven metres or that of the main building; occupancy, the lesser of twenty-five per cent of the main building and fifteen per cent of the lot; and gross floor area, double the occupancy. For a main industrial use, storage is likewise capped at fifty per cent, though OGPe may authorise more where the nature of the industrial use justifies it; quarters for a watchman employed on the property are permitted; and accessory buildings shall not exceed five metres in height. In C-I district shopping centres the rules differ: accessory buildings only for services, simple commercial recreation, tyre and parts trade with light mechanics, restaurants and retail; maximum height five metres; occupancy and gross floor area no more than fifty per cent of the main building’s; minimum yards of fifteen metres from any boundary and fifteen metres of setback from the main building and from other accessory buildings; parking separate from the main building’s; and a design requirement: accessory buildings must conform to the centre’s general architecture, with no generic buildings and none symbolically or visually representing a franchise.

Chapter 8.4 fixes parameters, not counters. Accessory uses and buildings are assessed within the corresponding permit — construction, use or the Single Permit — before OGPe, an Authorised Professional or the autonomous municipality with hierarchy I to III. For accessory uses and buildings relating to institutional, tourist and other uses not covered in the chapter, the regulation says they will be authorised by OGPe’s Adjudicative Board or the autonomous municipality with hierarchy I to III, as applicable.

• Exceeding twenty-five per cent of the dwelling’s gross floor area.
• Employing an outsider in a home occupation, where only resident family fits.
• Putting two chairs in a barber shop or beauty salon accessory to the dwelling.
• Running the salon without the operator residing in the dwelling unit.
• Setting up food or drink sales as a home occupation, which the regulation prohibits.
• Building the accessory building before the main use.
• Making an accessory building of more than two storeys or more than seven metres.
• Exceeding fifteen per cent of the lot where that is the lesser of the two occupancy caps.
• Building the accessory up to the lot line but leaving it less than one and a half metres from the main building.

These are the government pages this guide is based on.

• Oficina de Gerencia de Permisos (OGPe)

  OGPe

  docs.pr.gov

• Permit Management Office

  ogpe

  ogpe.pr.gov