District C-H: the historic or archaeological value that is not in the Register

It is Rule 6.1.28 of Chapter 6.1 of Joint Regulation No. 9473. District C-H, Historic Conservation, is a district for the conservation and restoration of properties or a set of properties. It is established to recognise land or properties constituting historic, architectural, archaeological and cultural values, and expressly to attend to the resources not included in the Register of Historic Sites and Zones of Puerto Rico. The rule carries its use table in two categories, three uses by exception, and a parameter table that sets no figures of its own but refers to those of the district where the property is sited.

The rule applies to properties qualified C-H, which are those declared or identified by the Legislative Assembly, the ICP, the OECH or the Autonomous Municipalities in the Land Use Plans. The historic-resource conservation uses are permitted provided they do not conflict with the district’s purposes. The archaeological-resource conservation uses are permitted in archaeological zones or sites provided they do not conflict with the investigation and conservation of those sites. The children’s and elderly care centre by exception is considered on lots not exceeding one cuerda; commerce and services typical of a C-L district, up to a maximum of five thousand square feet per lot; and the non-pecuniary civic club, on lots of a maximum area of one cuerda and with a public hearing prior to authorisation.

• Obtaining the recommendation of the Institute of Puerto Rican Culture or of the State Historic Preservation Office prior to authorisation, both in historic-resource and archaeological-resource conservation.Verified against the official source
• That the proposed uses not conflict with the district’s purposes, and in archaeological zones or sites, that they not conflict with the investigation and conservation of those sites.Verified against the official source
• That the buildings, structures or works built be related to the restoration of a historic building, structure or property.Verified against the official source
• That what is built consider the type of building, architecture and structural elements in keeping with the existing building, but be made distinguishable from the historic building, complying with Volume X.Verified against the official source
• Not carrying out excavations or demolitions that may affect, destroy or eliminate buildings, structures or properties of historic value, nor excavations that may affect, destroy, alter or eliminate archaeological values.Verified against the official source
• Not segregating land, except to make the permitted uses viable, and not segregating the C-H portion from the rest of the property or lot with another classification, save to devote that portion to public use in favour of a competent body by public deed.Verified against the official source
• Applying the parameters of yards, height, maximum and gross floor area, parking and accessibility in accordance with the parameters of the districts where they are sited and with the permitted use, under Chapter 10.2 of Volume X.Verified against the official source
• For the children’s and elderly care centre by exception: a lot not exceeding one cuerda and compliance with the parking provisions of Chapter 8.5 of Volume VIII.Verified against the official source
• For commerce and services typical of a C-L district by exception: a maximum of five thousand square feet per lot, with a lot large enough to provide parking under Chapter 8.5.Verified against the official source
• For the non-pecuniary civic club by exception: a lot of a maximum area of one cuerda with sufficient parking, yards no smaller than twice the size required in the district and a public hearing prior to authorisation.Verified against the official source

• Recommendation of the Institute of Puerto Rican Culture or of the State Historic Preservation Office, prior to the authorisation of any use or construction in the district.
• Recommendation of the Institute of Puerto Rican Culture, if necessary, for the care centre, the C-L type commerce and the civic club sought by exception.
• Public deed, where the segregation of the C-H portion is to devote it to public use in favour of a competent body.

1. 1

   Step 1: Why the district exists

   Section 6.1.28.1 explains it in two paragraphs. This district for the conservation and restoration of properties or a set of properties is established to recognise land or properties constituting historic, architectural, archaeological and cultural values, declared or identified by the Legislative Assembly, the ICP, the OECH — the SHPO — or by the Autonomous Municipalities in the Land Use Plans. And the second paragraph is what clarifies the gap it comes to fill: the district is established to give particular attention to the historic, archaeological and cultural resources not included in the Register of Historic Sites and Zones of Puerto Rico.

2. 2

   Step 2: Uses in historic-resource conservation

   Four things are permitted, all with the same entry condition: provided such uses do not conflict with this district’s purposes. First, the use that originated the historic character of the structure to be conserved. Second, residential use, in keeping with the capacity of the structure whose value is to be conserved. Third, buildings and accessory uses closely related or complementary to the principal use, under Chapter 8.4’s provisions. And fourth, other uses by location consultation before the Junta Adjudicativa of OGPe or the Autonomous Municipality with Hierarchy I to III. Over all of them: the recommendation of the ICP or of the OECH is required prior to authorisation.

3. 3

   Step 3: Uses in archaeological-resource conservation

   In archaeological zones or sites, scientific studies are permitted; excavations for archaeological purposes; museums and their offices; sanitary installations; and cafeteria and gift sales as accessory uses. The entry condition is the same but pointed at its own subject: provided such uses do not conflict with the investigation and conservation of the archaeological sites. And the list includes a prohibition within itself: excavations that may affect, destroy, alter or eliminate archaeological values are not permitted. Other uses by location consultation before the Junta Adjudicativa or the municipality also fit here, and here too the recommendation of the ICP or of the OECH is required prior to authorisation.

4. 4

   Step 4: Segregation is nearly impossible

   The parameter table’s first row is the same in both columns and it is blunt. The segregation of land is not permitted, except to make the permitted uses viable. Nor is the segregation of the portions of properties or lots in a C-H District from the rest of the property or lot bearing another classification permitted, except where it is to devote the C-H portion to public use in favour of a competent body, by public deed. That is: the only clear route to separate the historic part from the rest of the property is to hand it over to public use, and by deed.

5. 5

   Step 5: The new must be distinguishable from the old

   The constructions row carries two requirements that go together. The buildings, structures or works built must be related to the restoration of a historic building, structure or property, and shall comply with Chapter 10.2 on the conservation of historic sites and zones, in Volume X. And they must consider the type of building, architecture and structural elements in keeping with the existing building, but be made distinguishable from the historic building, complying with Volume X’s provisions. It is the classic conservation rule: harmonise without imitating. In the archaeological column the requirement is stated more briefly: the buildings, structures or works built must be related to the restoration of a historic building or structure in the place. A note on the source: this row is printed with the letters d, e and f without there being an a, b or c, and with the sentence’s opening repeated where the page breaks; we publish the two distinct requirements the row states and flag the repetition.

6. 6

   Step 6: Excavations and demolitions

   In the historic column: excavations or demolitions that may affect, destroy or eliminate buildings, structures or properties of historic value are not permitted. In the archaeological column: excavations or demolitions that may affect, destroy, alter or eliminate archaeological values are not permitted, but two types of construction are permitted provided they do not interfere with the district’s purposes: buildings or structures determined in light of the nature of the activity to be permitted, and infrastructure service installations necessary for the permitted uses.

7. 7

   Step 7: The parameters come from the surrounding district

   C-H publishes no figures of its own for yards, height or occupation. The table’s last row resolves it by reference: the parameters of yards, height, maximum and gross floor area, parking and accessibility, among others, will be in accordance with the parameters of the districts where they are sited and with the permitted use, under Chapter 10.2 on the conservation of historic sites and zones in Volume X. And it closes with the same condition as always: the recommendation of the ICP or of the OECH is required prior to authorisation.

8. 8

   Step 8: The three exceptions

   Section 6.1.28.3 opens three doors, all with a size limit. The children’s and elderly care centre, whose lot may not exceed one cuerda, must meet the parking provisions of Chapter 8.5 of Volume VIII, and a recommendation of the ICP will be obtained if necessary. Commerce and services typical of a C-L District, up to a maximum of five thousand square feet per lot, with a lot large enough to provide parking under the same Chapter 8.5, and also with an ICP recommendation if necessary. And the non-pecuniary civic club, on lots large enough to provide parking and with a maximum area of one cuerda, where the buildings shall observe yards no smaller than twice the size required in the district, a recommendation of the ICP will be obtained if necessary, and a public hearing will be required prior to authorisation. Exceptions granted remain subject to compliance with the conditions established and with the Regulation’s other provisions.

Permits are processed before OGPe or before an Autonomous Municipality with Hierarchy I to III. Uses not in the table are filed as a location consultation before the Junta Adjudicativa of OGPe or of the municipality. The recommendation of the Institute of Puerto Rican Culture or of the State Historic Preservation Office is requested from those bodies, and is a requirement prior to authorisation in every case. The civic club by exception carries a public hearing. And the property’s qualification is read on the Planning Board’s qualification maps or in the municipality’s Land Use Plan.

• Assuming that if the property is not in the Register of Historic Sites and Zones there is no restriction, when the C-H district is established precisely for the resources not included in that Register.
• Processing any use or construction without the ICP’s or OECH’s recommendation, which the regulation requires prior to authorisation.
• Planning a land segregation that is not to make the permitted uses viable.
• Segregating the C-H portion from the rest of the property where it is not to devote it to public use in favour of a competent body by public deed.
• Proposing a residential use that is not in keeping with the capacity of the structure whose value is to be conserved.
• Designing new work that imitates the historic building, when the regulation asks that it be made distinguishable from it.
• Designing new work without considering the type of building, architecture and structural elements in keeping with the existing building.
• Carrying out excavations or demolitions that may affect, destroy or eliminate buildings, structures or properties of historic value.
• Carrying out excavations that may affect, destroy, alter or eliminate archaeological values.
• Looking in Rule 6.1.28 for figures on yards, height or occupation, when those parameters come from the districts where the property is sited and from Chapter 10.2.
• Seeking a children’s and elderly care centre on a lot exceeding one cuerda.
• Proposing C-L type commerce of more than five thousand square feet per lot.
• Counting on a civic club’s authorisation without the prior public hearing the regulation requires.

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

• Institute of Puerto Rican Culture

  icp

  www.icp.pr.gov