Height, mezzanines, exceptions and solar heater: the parameters that apply in every district

They are four sections of Rule 6.1.1 of Chapter 6.1 of Joint Regulation No. 9473. Section 6.1.1.3 in its first paragraphs declares that this Regulation’s qualification districts apply to all Puerto Rico and sets when the equivalences take effect. Section 6.1.1.8 says who may authorise the permitted uses and adds loose rules on lotification and medical cannabis. Section 6.1.1.9 governs exceptions, the route by which the Junta Adjudicativa may authorise a use the district table does not list. And Section 6.1.1.11 sets the general design parameters, including the whole of the height regulation and the solar water heater requirement in new housing.

The design parameters apply to every project subject to the Joint Regulation, in any qualification district. The up-to-twice-the-road-width height applies in districts R-B, R-I, R-U, R-C, C-I, RT-I, RT-A, C-T, I and D-G. The twelve metres apply in C-L and C-I where any additional storey is proposed for residential use. The two-storey, nine-metre rule applies to residential-use buildings permitted in ARD, R-G, A-G, A-P, A-B, C-R and R-E. The solar water heater applies to the approval of a construction permit for a new single-family dwelling. Exceptions may be applied for only by the owner or an authorised representative of the owner. And lotification variances will be considered in proposals of fewer than ten lots, provided they are not located in Especially Protected Rustic Soil.

• Respecting the nine-metre base height the regulation sets for every district, save the special rules the section itself establishes.Verified against the official source
• In C-L and C-I: that the up-to-twelve-metre height be sought only where any additional storey is proposed for residential use.Verified against the official source
• Where the lot fronts two or more roads: determining the maximum height on the basis of the widest road.Verified against the official source
• For a mezzanine not to count as a storey: that its floor area be under thirty-three per cent of the total area of the storey beneath it and that it be devoted to uses related to the principal activity.Verified against the official source
• In historic zones and traditional or foundational urban centres: considering the average height of the adjoining buildings and of the surroundings to maintain a homogeneous profile, complying with Chapter 10.2.Verified against the official source
• In the construction permit for a new single-family dwelling: including a solar water heater system meeting the standards set in the regulation.Verified against the official source
• To seek the solar heater variance: certification by a licensed architect or engineer that the installation is impracticable for scarcity of solar energy, that it has a prohibitive cost under an analysis incorporating the electricity expense with the system’s cost, or that a substitutable renewable energy alternative exists.Verified against the official source
• Every exception: being applied for by the owner or an authorised representative of the owner, stating the reasons for it.Verified against the official source
• For a dock or ramp in any district: that it be designed for a maximum of ten vessels and that its extension be no greater than ten metres measured from the shoreline.Verified against the official source

• Certificate of Compatibility with the Coastal Zone Management Programme, for docks and ramps.
• Concession from the Department of Natural and Environmental Resources for the use of maritime-terrestrial public domain assets, for docks and ramps.
• Permit from the U.S. Army Corps of Engineers, for docks and ramps.
• Certification by a licensed architect or engineer, for the solar water heater variance.

1. 1

   Step 1: The districts apply to all Puerto Rico

   Section 6.1.1.3 opens by saying that this Regulation’s qualification districts will apply to all Puerto Rico, and then sets when the equivalences take effect: one hundred and eighty days after the Regulation’s effectiveness, or until the qualification maps are revised to reflect the nomenclatures, whichever occurs first. For municipalities that already have an approved Land Use Plan with a different nomenclature, the instruction is to harmonise them in the revision process of those plans if that process has already begun.

2. 2

   Step 2: The base height and the twelve commercial metres

   The height rule starts with a simple figure: the base height for every district will be nine metres. The first exception is commercial: in districts C-L and C-I up to twelve metres will be allowed where any additional storey is proposed for residential use. That is, the extra three metres are conditioned on what is added above being housing, not more commerce.

3. 3

   Step 3: Twice the road’s width

   The rule that permits the most height is the road one. In districts R-B, R-I, R-U, R-C, C-I, RT-I, RT-A, C-T, I and D-G, the height will be up to twice the width of the road the building fronts. And then comes the clarification that decides many corner cases: where a lot fronts two or more roads, the maximum height will be determined on the basis of the widest road. Separately, in multifamily projects in R-B, R-I, R-U, R-C, RT-I and RT-A the height is determined by the relation between gross floor area, size of yards, separation of buildings and lot area.

4. 4

   Step 4: The mezzanine that does not count as a storey

   There is a rule much used and often misquoted. Mezzanines will not be counted as a storey where their floor area is less than thirty-three per cent of the total area of the storey beneath them, if they are devoted to uses related to the principal activity. They are two conditions at once, not one: the percentage and the space’s purpose. If the mezzanine exceeds that thirty-three per cent, or if it is devoted to an activity other than the principal one, it counts as a storey.

5. 5

   Step 5: The districts where housing is two storeys

   The last height rule is the countryside one. Residential-use buildings permitted in ARD, R-G, A-G, A-P, A-B, C-R and R-E will be of two storeys, not exceeding nine metres. And in historic zones and traditional or foundational urban centres, the height will be up to twice the road’s width, but considering the average height of the adjoining buildings and of the surroundings to maintain a homogeneous profile, complying with Chapter 10.2. A note on the source: the section lists separately the districts where twice-the-road-width governs and those where housing is two storeys, and it does not reconcile the case of a residential building in a district named in both provisions. Neither do we.

6. 6

   Step 6: The solar heater in every new house

   The parameters section closes with a requirement that surprises many: the approval of a construction permit for a new single-family dwelling must include a solar water heater system meeting the standards set in the regulation. Variances may be granted in three cases, and all of them need a licensed architect or engineer to certify: that the installation is impracticable for scarcity of solar energy; that it has a prohibitive cost under an analysis incorporating the electricity expense with the system’s cost; or that a substitutable renewable energy alternative exists. The procedure and cost of that variance will be set by OGPe, and the regulation publishes no figure. Separately, any reconstruction, rehabilitation or improvement must promote efficient systems of energy and water consumption and ventilation or designed to reduce greenhouse gases.

7. 7

   Step 7: Who authorises the uses, and the cannabis case

   Section 6.1.1.8 distributes the authority: OGPe, the Autonomous Municipalities with Hierarchy I to III, the Authorised Professionals and the Junta Adjudicativa may authorise the permitted uses, each within its jurisdiction. The Junta Adjudicativa of OGPe or of the Municipality may consider other uses by location consultation. In designated school zones the use is governed by Chapter 7.4’s provisions. Lotification variances will be considered in proposals of fewer than ten lots, provided they are not located in Especially Protected Rustic Soil. And on medical cannabis the regulation is blunt: the uses shall strictly comply with what the Department of Health establishes, the siting of medical cannabis facilities is the exclusive jurisdiction of OGPe at central level, and the Authorised Professionals may only issue environmental health and fire prevention certifications for their operation.

8. 8

   Step 8: The six criteria of every exception

   Section 6.1.1.9 defines the exception as the instrument by which the Junta Adjudicativa of OGPe or of a Hierarchy I to III Municipality identifies uses compatible with the district’s essential character that could discretionally be authorised without detriment to the district’s purpose, and warns that when deemed necessary public hearings will be held with notice to the parties. The criteria are six: that the health, safety and welfare of the occupants and of the bordering properties be protected; that the supply of light and air not be impaired; that the danger of fire not be increased; that no reduction or harm be caused to the values of neighbouring properties; that the viability, adequacy and convenience be demonstrated; and that the Regulation’s conditions be met. And there is a standing rule that closes the door to third parties: every exception must be applied for by the owner or an authorised representative of the owner, stating the reasons for it.

9. 9

   Step 9: Docks and ramps: four requirements

   The same exceptions section brings, for any district, the full list of what a dock or ramp needs. The design must be for a maximum of ten vessels. The extension may be no greater than ten metres measured from the shoreline. The Certificate of Compatibility with the Coastal Zone Management Programme is needed. The Concession from the Department of Natural and Environmental Resources for the use of maritime-terrestrial public domain assets is needed. And the permit from the U.S. Army Corps of Engineers is needed. Four separate procedures before three separate bodies, on top of the exception before the Junta Adjudicativa.

10. 10

    Step 10: What the parameters column contains

    Section 6.1.1.11 explains how to read the parameters column each district carries: it will contain the minimum area, the minimum width, the maximum occupation area, the maximum gross floor area, the population density, the front yard, the rear yard, the side yards and the projecting structures. And it adds the key to the whole chapter: the lot’s minimum area is the primary factor for allowing particular uses or activities. The rest of the standards are found in other chapters: carports in 8.2; interior and semi-interior yards, towers, fences and gates in 8.3; accessory buildings and uses in 8.4; parking and loading and unloading areas in 8.5; and signs and advertisements in 8.7. Tourist, ecotourism, ecolodging and agro-lodging projects must additionally comply with the Tourism Company’s Design Guidelines for Ecotourism and Sustainable Tourism Facilities and with Chapter 3.3 on Green Permits.

These parameters are applied within the construction permit or Permiso Único process before OGPe, the Autonomous Municipalities with Hierarchy I to III or an Authorised Professional, according to each one’s jurisdiction. Exceptions and location consultations are filed before the Junta Adjudicativa of OGPe or of the Municipality. The siting of medical cannabis facilities is processed only before OGPe at central level. And docks and ramps require, besides the exception, the DRNA concession and the U.S. Army Corps of Engineers permit.

• Designing to the district’s height without measuring the width of the road the lot fronts.
• On a corner lot, using the narrowest road to compute the maximum height instead of the widest.
• Seeking the twelve metres in C-L or C-I for an additional commercial storey, when that height is allowed for an additional storey of residential use.
• Relying on the twice-the-road-width rule in a district not on the list.
• Assuming a mezzanine never counts as a storey, forgetting the thirty-three per cent limit and the requirement that the use relate to the principal activity.
• Planning three residential storeys in ARD, R-G, A-G, A-P, A-B, C-R or R-E, where residential buildings are two storeys not exceeding nine metres.
• Budgeting a new single-family dwelling without the solar water heater system.
• Seeking the solar heater variance without a licensed architect’s or engineer’s certification.
• Filing an exception application without being the owner or the owner’s authorised representative.
• Filing the exception without stating the reasons for it.
• Proposing a dock for more than ten vessels or extending more than ten metres from the shoreline.
• Processing a dock without the DRNA concession or without the U.S. Army Corps of Engineers permit.
• Applying for the siting of a medical cannabis facility before an Authorised Professional or a municipality, when it is the exclusive jurisdiction of OGPe at central level.
• Seeking a lotification variance for a proposal of ten lots or more, or for land in Especially Protected Rustic Soil.

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

• Department of Natural and Environmental Resources

  drna

  www.drna.pr.gov