Seafront condominiums: perpendicular to the coast and with public access alongside

It is the section of Chapter 6.4 of Joint Regulation No. 9473 devoted to apartment buildings and terraced houses under a condominium regime within the coastal zone, where the project is not for segregating lots. It sets when the project comes to be processed as an urbanisation, how and when the public access route design is submitted, which widths apply, the special two-metre rule for old urban lots, where the neighbourhood installations and the public parking go, how the buildings are oriented relative to the coast, and what bonuses go to whoever must give up a public access.

The provisions apply to every project for the construction of one or more apartment buildings or terraced houses in condominium, that are not for the segregation of lots, within Puerto Rico’s coastal zone. The construction of eleven or more dwellings in one or more apartment buildings or in terraced houses shall be considered and processed as an urbanisation under Chapter 8.1 of Volume VIII. The boundary access combining easement and construction, and the two-metre pedestrian access, apply to projects on lots segregated before the Regulation took effect, subject to urban qualification and bordering coast, beaches or lacustrine shores. And the bonuses apply to those same projects where they have been required to provide public accesses.

• Processing as an urbanisation, under Chapter 8.1 of Volume VIII, the construction of eleven or more dwellings in one or more apartment buildings or in terraced houses.Verified against the official source
• Submitting to the Planning Board, in every case and before submitting the construction plans, a plan or plans showing the schematic alignment of the public routes accessing the separation zone, where the project is on land bordering and fronting the coast, beach or lacustrine shores.Verified against the official source
• Giving preference to providing a public access route between the separation zone, parallel to it, and the lot to be developed.Verified against the official source
• That the public access routes never be less than eleven metres wide for vehicular accesses nor three metres for pedestrian access.Verified against the official source
• In projects on lots segregated before the Regulation took effect, with urban qualification and bordering the coast: providing the access at the boundary of the lots, combining the contribution of easement and construction in proportion to the frontage of both lots affected by the access.Verified against the official source
• On those same lots: that the public pedestrian access of two metres minimum width be formed by combining the dedication of one metre by each lot bordering one another, and that the dedication be made by public deed to the corresponding municipality.Verified against the official source
• Providing, adjoining the Separation Zone, a minimum of one parking space for public use per ten dwelling units, but never fewer than three.Verified against the official source
• Orienting the buildings with the longest side of their horizontal projection perpendicular to the coast, or at an angle approximating that orientation, to obstruct the visibility to the sea as little as possible.Verified against the official source
• Where the project requires dedicating land to recreation as part of its neighbourhood installations and the topography permits: siting them adjoining the limit of the Separation Zone or the lacustrine shore.Verified against the official source

• Plan or plans showing the schematic alignment of the public routes accessing the separation zone, submitted to the Planning Board before the construction plans.
• Public deed dedicating the pedestrian access to the corresponding municipality, on urban lots segregated before the Regulation took effect.

1. 1

   Step 1: Eleven dwellings change the procedure

   The section opens with the threshold that decides everything else. Its provisions apply to every project for the construction of one or more apartment buildings or terraced houses in condominium, that are not for the segregation of lots, within Puerto Rico’s coastal zone. And it adds: the construction of eleven or more dwellings in one or more apartment buildings or in terraced houses shall be considered and processed as an urbanisation under Chapter 8.1 of Volume VIII. That is, the eleventh dwelling stops the project being a building and makes it, for procedural purposes, an urbanisation.

2. 2

   Step 2: The alignment comes before the construction plans

   There are two routes. In cases requiring a location consultation, the access route design forms part of it under the procedures in force. And in every case, before submitting the construction plans of any project for the construction of apartment buildings or terraced houses in condominium on land bordering and fronting the coast, beach or lacustrine shores, a plan or plans shall be submitted to the Planning Board showing the schematic alignment of the public routes accessing the separation zone adjoining the public beach or affected lacustrine shore. Preference will be given to providing a public access route between the separation zone, parallel to it, and the lot to be developed. And on land not bordering the maritime-terrestrial zone but within the coastal zone, the Junta Adjudicativa or the Planning Board may require an access route design when, on the basis of the general interest, it deems it convenient or necessary.

3. 3

   Step 3: The two-metre access between two old lots

   Here is the section’s most practical rule, meant for the already-built coastal frontage. For projects on lots segregated before this Regulation took effect and with urban qualification, bordering the coast, public beaches or lacustrine shores, a public pedestrian access with a minimum width of two metres is permitted, formed by combining the dedication of one metre by each lot bordering one another. The dedication shall be made by public deed to the corresponding municipality. That is, two neighbours each put in a metre and between them the access is born. In the same vein, the access design on those lots shall be provided at the boundary, combining the contribution of easement and construction in proportion to the frontage of both affected lots.

4. 4

   Step 4: The general widths

   Outside that special case, the width of the public routes serving as access to the separation zone adjoining the coast, a public beach or a lacustrine shore is determined in proportion to the project’s magnitude and to the magnitude of the population sector that uses or may use the coast, beach or lacustrine body for recreation. That section corresponds to what Chapter 5.1 establishes, but shall never be less than eleven metres wide for vehicular accesses, nor three metres for pedestrian access.

5. 5

   Step 5: Neighbourhood installations and public parking

   Where the project requires that a certain amount of land be dedicated to recreation as part of the neighbourhood installations, and the topography and other land conditions so permit, they shall be sited adjoining the limit of the Separation Zone or the lacustrine shore, and shall be developed for activities that harmonise with the use of the coast, beaches, lakes or lagoons they border. And adjoining the Separation Zone a minimum of one parking space for public use per ten dwelling units shall be provided, but never fewer than three. The Junta Adjudicativa or the Planning Board, as corresponds, may require a greater or lesser number of parking spaces as each specific project justifies.

6. 6

   Step 6: Why the buildings stand edge-on to the sea

   It is the rule that explains the shape of many coastal condominiums. The buildings shall be oriented with the longest side of their horizontal projection perpendicular to the coast, or at an angle approximating that orientation, to obstruct the visibility to the sea as little as possible. And it adds that they shall additionally comply with the provisions to avoid undesirable shadows on the beaches. A note on the source: the section refers for those provisions to Section 6.4.2.2, but this chapter’s shadow rules are in Sections 6.4.2.8 and 6.4.2.10; 6.4.2.2 contains the separation zone, the demarcation and the environmental considerations. We reproduce the cross-reference as printed and do not correct it.

7. 7

   Step 7: The two bonuses for giving an access

   Projects for the construction of apartment buildings and terraced houses in condominium on lots segregated before the Regulation took effect, subject to urban qualification and bordering the coast, public beaches or lacustrine shores, which have been required to provide public accesses, are entitled to two bonuses. The first: in computing the occupation area, the gross floor area and the required yards under Chapter 6.1, the total lot as registered shall be considered, without deducting the lot area devoted to the coast, beach or lacustrine shore access. The second: an increase in the gross floor area bonus shall be permitted equivalent to that construction area whose cost is twice the cost of the access to be built. Together, giving the access does not reduce the lot’s building capacity and additionally increases it in proportion to what the access costs.

The schematic alignment plan of the public access routes is submitted to the Planning Board before the construction plans. Where the project requires a location consultation, the route design forms part of that consultation. Permits are processed before OGPe or the municipality of the corresponding hierarchy, and a project of eleven or more dwellings is processed as an urbanisation under Chapter 8.1 of Volume VIII. The dedication of the pedestrian access on old urban lots is formalised by public deed to the corresponding municipality. And the number of public parking spaces may be adjusted by the Junta Adjudicativa or the Planning Board according to the project.

• Processing as a building a project of eleven or more dwellings, when it is considered and processed as an urbanisation under Chapter 8.1 of Volume VIII.
• Submitting the construction plans before having submitted to the Planning Board the schematic alignment plan of the public access routes.
• Ignoring the regulation’s preference for a public access route between the separation zone, parallel to it, and the lot to be developed.
• Designing a vehicular access under eleven metres or a pedestrian access under three, outside the special case of the old urban lots.
• Believing the two-metre pedestrian access applies to any lot, when it is only for lots segregated before the Regulation took effect and with urban qualification.
• Forming that two-metre access with two metres from a single lot, when it is formed with one metre from each lot bordering one another.
• Leaving the dedication of the pedestrian access unformalised by public deed to the corresponding municipality.
• Providing fewer than one public parking space per ten dwelling units, or fewer than three in total.
• Orienting the building with the longest side parallel to the coast, blocking the visibility to the sea.
• Siting the recreational neighbourhood installations away from the limit of the Separation Zone when the topography allowed placing them adjoining it.
• Deducting the access area when computing occupation, gross floor area and yards, when the bonus allows using the total lot as registered.
• Giving up the gross floor area bonus equivalent to a construction whose cost is twice the cost of the access to be built.

These are the government pages this guide is based on.

• Junta de Planificación de Puerto Rico (JP)

  Junta de Planificación

  docs.pr.gov

• Planning Board

  jp

  jp.pr.gov

• OGPe Single Business Portal

  ogpe

  www.permisos.pr.gov