Decree 360-2002 (including Other Decrees from 2002)

Reform Articles 6, 8 reformed by Decree No. 131-98 dated April 30, 1998, containing the Law for the Promotion of Production, Competitiveness and Support for Human Development; 9, 11, 14, 36, 41 and 48 of Decree No. 103-93 dated May 27, 1993, which contains the Law of the Honduran Institute of Tourism, which shall be read as follows:

The Honduran Institute of Tourism (IHT) shall have the following functions:

• a)

  ... ;

• b)

  ...;

• c)

  To negotiate, contract and sign cooperation agreements of a technical and financial nature with national and international organisms, as well as to form commercial companies in accordance with legal provisions;

• d)

  ...;

• e)

  To approve the internal regulations that the Executive Presidency shall elaborate for the organization and administration of the Honduran Institute of Tourism (IHT);

• f)

  To hold ordinary sessions preferably every two (2) months and extraordinary sessions whenever necessary;

• g)

  To approve contracts and cooperation agreements of a technical and financial nature with national and international organizations to be celebrated by the Executive President;

• h)

  To approve social participation in commercial companies in which the Honduran Institute of Tourism has an interest, as part of its national tourism development plans;

• i)

  ...;

• j)

  ...;

• k)

  ...;

• l)

  To constitute trusts; and, m) In general, to develop all manner of activities within its competence that tend to promote and increase national and foreign tourism currents.

Tourism service providers are individual or corporate merchants whose activity or business is directly linked to tourism and who engage in the provision of any of the following services:

• a)

  Guides, who may be specialized guides or automobile driver guides;

• b)

  Vehicle, vessel and aircraft rental companies;

• c)

  Land, maritime, fluvial, lacustrine and air transportation exclusively for tourism service;

• d)

  Hotels, inns, accommodations with time-share systems or hotel operation;

• e)

  Restaurants and cafeterias;

• f)

  Discotheques and casinos. Casinos must be located in first-category hotels;

• g)

  Bathing resorts, campgrounds, recreational vehicle parks, marinas and recreation centers;

• h)

  Artisan workshops and artisan shops;

• i)

  Convention centers; and,

• j)

  Diving establishments. All tourism service providers must be located in zones and places of tourist interest, as qualified by the Honduran Institute of Tourism (IHT) and their activity must be conducted in accordance with morality and good customs. The regulatory provisions necessary for the correct application of this Article shall determine the requirements that service providers must meet for each type of activity or business.

The tourism service providers described in Article 36 shall set their own rates in accordance with supply and demand criteria.

Upon registration in the National Tourism Registry, tourism service providers must obtain, in order to operate, the corresponding identification certificate, subject to payment of registration fees.

Reform Article 43 of Decree No. 131-98 dated April 30, 1998, containing the Law for the Promotion of Production, Competitiveness and Support for Human Development, which shall be read as follows:

To promote and foster tourism activity, the Tourism Services Rate is hereby created. The rate shall be four percent (4%) on the price of daily accommodation in hotels, on the price of vehicle rentals and on the price of services provided by receptive tourism operating agencies. Hotel companies, vehicle rental companies and receptive tourism operating agencies shall be responsible for withholding and depositing this tax in authorized banking institutions for this purpose. This obligation must be fulfilled within the first ten (10) days of the month following when the tax was incurred. In the case of receptive tourism operating agencies, to determine the corresponding taxable base, the values of daily hotel accommodation services and vehicle rentals that have been provided and on which the rate has already been paid shall be excluded. Exempted from the collection of this tax are pensions, lodges and popular-use hotels, whose classification shall be regulated by the Honduran Institute of Tourism (IHT) based on the hotel classification study that it conducts for this purpose.

The articles of Decree No. 103-93 dated May 27, 1993, containing the Law of the Honduran Institute of Tourism (IHT), where the designation "Executive Director" or "Sub-Executive Director" appears, shall be read as: "Executive President" or "Vice Executive President".

Repeal the reform of Article 8 of the Law of the Honduran Institute of Tourism made in Article 34, Chapter IV, of the Law for the Promotion of Production, Competitiveness and Support for Human Development, contained in Decree No. 131-98 dated April 30, 1998.

This Decree shall enter into force as of the date of its publication in the Official Gazette La Gaceta.

Approve in all and each one of its parts the AGREEMENT No. 025-DT dated September 18, 2002, presented by the Secretariat of State in the Office of Foreign Relations, and which contains the EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA AND THE GOVERNMENT OF THE REPUBLIC OF HONDURAS RELATING TO THE CREATION OF THE INTERNATIONAL COMMISSION OF BOUNDARIES AND WATERS BETWEEN GUATEMALA AND HONDURAS, FOR GUATEMALA AND THE INTERNATIONAL COMMISSION OF BOUNDARIES AND WATERS BETWEEN HONDURAS AND GUATEMALA, FOR HONDURAS, which literally states the full text of the diplomatic notes exchange establishing the International Commission of Boundaries and Waters, its composition, functions, and operational procedures as detailed in the notes between the two governments.

This Decree shall enter into force as of the date of its publication in the Official Gazette La Gaceta.

By means of specific analysis conducted by the Municipal Office of Urban Planning based on the type and use to which a building will be devoted, construction permits may be authorized with side and rear setbacks smaller than those established in the urban indices, provided that the interested party presents the authenticated authorization of the owners of the adjacent properties that will be affected. Paragraph 1. The aforementioned authorization does not exempt spaces, particularly residential ones, from being provided with "light shafts" for adequate ventilation according to use.

In the mixed-use zone ZUM II, buildings larger than 4 stories intended for multifamily use R2 or office buildings intended for use categories S1 and S2 may increase their construction index; the first two stories may be devoted to commercial and service uses of categories C1, C2, S1, S2, and buildings on the first two stories may occupy the entire width of the lot, observing the indices established in this Ordinance. Paragraph 1. For purposes of application of this article, the construction indices table for buildings in zone ZUM II attached to this Ordinance shall be used. Paragraph 2. These provisions apply to lots with a minimum area of 1,000 square meters and a minimum frontage of 20 meters. Paragraph 3. Open covered areas (pilotis) on the ground floor and third story shall not be computed for purposes of calculating the construction index, provided they are open to users. Article 67: In zone ZUM II, buildings intended for use categories S1 and S2 shall be permitted on lots smaller than 1,000 square meters and with frontage less than 22 meters, provided that the indices established for use categories C1 and C2 in this zone are observed. Article 68: In the Central Business District zone DCN, every building, regardless of lot size, must occupy the entire width of the lot and be constructed with a minimum height of 3 stories. The minimum height of the portal shall be 4 meters. Paragraph 1. For purposes of application of this article, the construction indices table for buildings in zone DCN attached to this Ordinance shall be used. Paragraph 2. Towers above the 3-story platform may only be constructed on lots with a minimum area of 1,000 square meters and minimum frontage of 25 meters, observing the indices in the table indicated in Paragraph 1 of this article. Paragraph 3. Open covered areas (pilotis) on the ground floor and 4th floor shall not be computed for purposes of calculating the construction index, provided they are open to users (pedestrian areas, playgrounds, gardens, etc.). Article 69: On lots in the DCN zone whose dimensions permit construction of buildings of more than 3 stories, the tower setbacks from the 4th story onward must be calculated based on the total height of the building, including the platform, measured from the lot boundaries, observing the specifications of the preceding Article, provided that the platform setback shall not be less than 3 meters.

Buildings located in the Central Business District DCN may have a front setback equal to 0.00 meters from the property limit marked by Municipal Topography, provided they maintain a sidewalk of a minimum of three (3) meters. Article 71: The number of housing units constructed in series in accordance with use category R3 shall not exceed six (6) for each complex and shall only have rear and front setbacks.

In R4 residential groupings, the densities provided for each zone must be observed, and they may be increased provided that the urban indices determined in this Ordinance for the R4 use category are complied with.

In R4 residential groupings, a minimum of 20% of the area must be observed to be designated for free areas or private individual use patios and 38% for areas of communal private property and use. ARTICLE 74: Buildings destined for gas stations and the establishment of uses that represent various risks or danger of environmental contamination in the zones designated for such purposes shall be conditioned upon compliance with directives in urban planning, environmental, and safety matters, supplied by the Governmental and Municipal agency corresponding to the case (such as: SERNA, SOPTRAVI, DIMA, and the Municipal Offices of Environment and Urban Planning), prior to approval by the Municipal Corporation. Paragraph I.- For the construction of similar establishments, the minimum urban indices are the following: front setbacks 8.00 meters; lateral and rear setbacks 3.00 meters. Section of Legal Notices, January 4, 2003. III. Occupancy index. IV. Construction index.

The use categories E1, E2, E3 shall have their urban indices established as a function of a specific study by the Urban Planning Office.

Natural preservation zones ZPN are regulated in the following manner: I. The activities to be developed in the ZPN 1a and ZPN 1b zones are framed in accordance with the indications of Legislative Decree 46-90 'Protection of the Merendón Mountain Range' and the Regulations given in Decree 156-94. II. Zone ZPN 1c and ZPN II protects the buffer area and all hills from the 80 meters above sea level elevation, permitting the following uses: a) Reserve areas for the protection and conservation of forest, flora and fauna. b) Recreation areas that include playing fields and parks with ecological orientation. c) Tank installations for the supply of drinking water. d) Single-family residential use, by means of an agreement with the following restrictions: d.1.- Lot area not less than 10,000 square meters. d.2.- Construction area not greater than twenty percent (20%) of the total area of the land and occupancy index not greater than ten percent (10%). d.3.- Reforestation plan in the remaining area of the property. d.4.- Prohibition on cutting slopes and earth movements, except those strictly necessary for foundation. d.5.- Other restrictions in urban planning and environmental matters, in accordance with the specific case. III. Zone ZPN III comprises the Esperanza field (Pozos Sunceri), for which the following uses are compatible:

• a)

  Reserve areas for the protection and conservation of flora and fauna.

• b)

  Recreation areas that include parks, playing fields and sports.

• c)

  Well and infiltration lagoon installations.

• d)

  Agricultural uses (with minimal use and control of agrochemicals). d.

  • 1)

    Cultivation of basic grains, grass, flowers, vegetables and seeds. d.

  • 2)

    Nurseries. d.

  • 3)

    Haciendas or farms with a minimum parcel of 2 hectares (without intensive livestock production). Paragraph I.- 'It should be noted that in the topography of the Municipality of San Pedro Sula, the elevation of 80 meters above sea level could be found in high areas that are not yet properly hills; for these cases, the urban zoning established in this ordinance as ZPN II should be applied from the point where natural slopes greater than 15% constitute the hill as such.' Paragraph 2.- 'The list of uses above shall also be applicable within a security radius of 100.00 meters from the water extraction wells intended for human consumption, located in the Chamelecón sector.' Paragraph 3.- 'The Municipal Water Division DIMA shall act under the terms of the 'Regulation for Control of Land Use for the Protection of the Aquifers of the Municipality' to establish and delimit in the field these protection areas.'

The use categories provided for special zones ZE shall have their urban indices established as a function of the directives emanating from specific projects in accordance with the Urban Development Plan, the respective terms of reference, and studies particularized by the corresponding Project Studies. Paragraph: 'The urban indices established for special zones shall have a temporary character and should only be applied at the discretion and following analysis by the Municipal Urban Planning Office, until they are defined by the corresponding Studies and Projects.'

Public way is any space of common use that by disposition of the administrative authority is destined for free transit in accordance with the laws and regulations on the matter, as well as any property that in fact is used for that purpose. It is also characteristic of the public way to serve as access, ventilation, illumination and sunlight to the properties and buildings that limit it or to house any installation of a public work or service. Section of Legal Notices. Paragraph: 'Adopt as the Vial System of the city of San Pedro Sula, the existing and proposed road network, as represented in the plan of the urban vial system attached to this Ordinance, considered indicative until the respective alignments are defined in the field, in accordance with specific studies by the Municipal Office of Urban Planning.'

The opening of any public circulation way shall only be permitted with the authorization of the Municipal Corporation, prior to a study and analysis by the Municipal Urban Planning Office, observing the dispositions of this Ordinance.

Any public circulation way executed, accepted and received by the Municipality, in function of works and services of urbanization, in accordance with a project previously approved by the Municipal Urban Planning Office, must be incorporated in the plan of the official vial system of the city.

The Urban Vial System comprises the following categories of ways, classified according to code and in accordance with their functional hierarchy: Regional Connection Ways VA; Arterial Ways; Collector Ways; Local Ways VL; Pedestrian Ways VP. I. Regional Connection Ways: They are characterized by their function of regional and inter-municipal articulation. II. Arterial Ways: They are the principal ways of the official vial system of the city and are characterized by their function of inter-urban articulation and links between the urban system and the regional system, allowing intense transit of vehicles. III. Collector Ways: They are characterized by their function of connection between the arterial system and the local system, collecting and distributing arterial traffic and channeling its penetration into the various sectors, zones, neighborhoods or colonies of the city. IV. Local Ways: They are characterized by their function of penetration into residential sectors and access to lots. V. Pedestrian Ways: They are characterized by their function of exclusively pedestrian transit. Paragraph I.- 'The geometric and functional characteristics of the ways that are part of the official vial system proposed for the city are those indicated in the plan annexed and forming part of this Ordinance.' ARTICLE 82: Pedestrian ways VP must begin or end on ways of greater section, local, collector or arterial. ARTICLE 83: Local ways VL must begin or end on ways of greater section, collector or arterial. ARTICLE 84: Collector ways VC must begin or end on arterial ways.

Public circulation ways may not be interrupted at the boundaries of an urbanization project when their prolongation is provided for in the Official Vial System of the City or when in the judgment of the Municipality, it is of interest to the urban development of the City.

The design of dead-end local ways (cul de sac) shall be permitted, provided that they are equipped with return devices at one of their ends and their length does not exceed 15 times their width. Paragraph 1.- 'The conformation and dimensions of the return devices at the end of dead-end local ways must allow the inscription of a circle with a minimum diameter of 20 meters.'

The maximum slope permitted on public circulation ways shall be 8% and the minimum slope shall be 0.5%; in the longitudinal sense. Paragraph 1.- 'In accidental areas, the maximum slope may reach up to 15%, only on local and pedestrian ways (V3 and V4).'

The width of a way that constitutes prolongation of another already existing or provided for in the plan of the official vial system of the city may not be less than the width of the existing one, even in cases where by its function and characteristic, it may be considered of inferior category.

The rights of way of the proposed public circulation ways must observe the typical sections sponsored and official defined by the Municipal Urban Planning Office and those indicated by attachment to this Ordinance, complying with the following criteria: I. The roadways destined for vehicle transit shall be composed at minimum of two lanes or sections of 3.50 meters each. II. In the case of ways with a central divider, this may not have a width less than 3.00 meters and a slope of 3% in the transverse sense. III. Sidewalks may not have a width less than 3.00 meters, with the pedestrian lane having a minimum of 1.50 meters and the green area destined for tree planting having a minimum width of 1.00 meter. ARTICLE 90: Only in zoning ZR VI, ZR VIII and ZR IX may passages and local ways be developed with a minimum section to that established in accordance with the following specifications: Local Ways: Right of way of 11.00 meters, with typical section composed of a roadway 7.00 meters wide and sidewalks 2.00 meters on both sides, divided into a pedestrian lane of 1.50 meters and 0.50 meters of green area. Passages: I. Passages shall only serve to provide access to lots of single-family residential use. II. Minimum right of way of 6.00 meters, with typical section composed of a pedestrian walkway 2.00 meters wide and green area strips 2.00 meters wide on both sides. III. May not serve as vehicle access to any lot, not even as a secondary or service entrance. IV. Its length must be equal to or less than ten times its width. V. The pedestrian walkway must have a type of pavement suitable for pedestrian circulation. VI. At the ends they must be equipped with parking areas in accordance with the number of lots they serve and likewise must be provided with barriers that prevent vehicle access. VII. They must be provided with steps when they have a slope greater than 15%. ARTICLE 91: On circulation ways whose roadway is at a different level from adjacent lands, it shall be mandatory on the part of the property owners to construct slopes with a maximum slope of 60%. Paragraph: 'The slopes may be replaced by retaining walls, constructed at the expense of the property owners.'

The horizontal alignments of public circulation ways have the purpose of regulating the width of the ways and ensuring that any construction be executed in accordance with the corresponding public circulation way. ARTICLE 94: The Municipal Urban Planning Office shall extend through the department in charge of marking alignments, proof of official alignment, with prior request of the property owner, indicating the alignment data and restrictions on the property in accordance with the vial planning of the sector.

No construction may be initiated or executed in the urban area without the property line alignment corresponding to the area having been marked in the field. Paragraph 1: When the construction is located on a corner lot, the requirements of this article shall apply to both circulation routes, and the concordance curve of the two alignments or the chamfer with a minimum side of one meter shall be determined, as applicable. Paragraph 2: The verification of the construction alignments, in relation to those determined in the respective certificate, shall be carried out through inspection visits. ARTICLE 96: At intersections between two circulation routes, their alignments must be concorded by a circular arc of 6 meters minimum radius when the intersection is at 90 degrees; for new routes whose intersection degrees are different, consult the annex attached to this Ordinance. ARTICLE 97: The request for opening of any public circulation route must include plans duly approved by engineering professionals, which show the horizontal and vertical alignments calculated based on field surveys that guarantee the exact location of the alignments. ARTICLE 98: In the plans of urbanization projects and public routes, the respective alignments; horizontal and vertical, must be recorded. ARTICLE 99: When the Municipality decides to modify a public circulation route, involving changes in the alignments, a new project must be prepared, determining the new alignments of the route.

In the case of lands affected by public circulation route modification projects, the Municipality through the Municipal Office of Urban Planning may only approve the building project and grant the construction permit when the necessary setbacks for the expansion of the route are observed.

The Municipal Office of Urban Planning through the Cadastral Department shall maintain a register of all existing or projected routes in the official road system plans of the city, with indication of its name, nomenclature, length and right-of-way from its starting point to the end, which must be registered in the Local Property Registry in the name of the Municipality. ROAD SIGNALIZATION

At intersections between public circulation routes, the respective signalization; vertical and horizontal, must be installed for which its location and technical specifications shall be established through a road assessment conducted by the corresponding municipal authority. USE OF PUBLIC ROUTE

No private person may proceed to occupy or execute constructions, modifications or repairs in the public route, nor execute works that in any way modify existing ones, without Municipal authorization. Paragraph: The occupation of the public route shall be restricted by the following conditions:

• A)

  The material shall not occupy more area nor time than the absolute necessary period of permanence.

• B)

  The material shall not alter the pavement surface or its structure entirely.

• C)

  The area of occupation must be illuminated and signalized to prevent any accident.

Vehicles that load or unload materials for a work may be parked on certain public routes, in accordance with schedules and restrictions set by the Municipality. URBANIZATIONS CHAPTER VI PRELIMINARY PROVISIONS

All urbanization of urban lands, opening of public routes and subdivision of lots shall be governed by this Ordinance. Paragraph 1: Urbanization is considered to be the subdivision of lands into lots intended for construction of any type, including the respective opening of public routes. Paragraph 2: Subdivision of lots is considered to be the parceling of lands into lots intended for construction of any type, provided that the existing public circulation route system is used, without the opening of new routes or extension of existing ones.

To urbanize areas that do not have frontage on any of the routes recognized by the Municipality, new public routes must be established, subject to prior municipal approval, provided that all and each of the conditions established by this Ordinance are met.

Urbanizations shall not be permitted on low, swampy or flood-prone lands while the earthwork and drainage works have not been executed by the interested party, which must be previously approved by the Municipality.

Lands filled with materials harmful to health may only be urbanized after being properly remediated by the interested party.

Urbanization of lands shall not be permitted in the following cases: I. Less than 300 (three hundred) meters from a place that threatens the health of inhabitants. II. On lands with natural slope equal to or greater than 25% (twenty-five percent) or subject to erosion. III. In the protection bands of water courses and springs. IV. In the areas defined by the Urban Development plan as unsuitable for urbanization or natural reserve.

The execution of any urbanization, opening of public routes and subdivision of urban lots shall be subject to approval by the Municipality, in compliance with the provisions of this Ordinance.

URBAN DESIGN BLOCKS AND LOTS: The minimum dimensions of lots according to the various use zones indicated in the official urban zoning plan are those stated in the annex Urban Development Indices by use category in each zone.

The blocks of the urbanization shall have a maximum perimeter of 800 meters.

Blocks whose perimeter exceeds 450 meters shall have pedestrian passages transversely to their greatest dimension.

The blocks of urbanizations shall be delimited by corner markers made of stone or concrete, with a cross-section of 15 x 15 centimeters and a minimum height of 0.60 meters, placed one at each corner.

Exceptionally, blocks with dimensions greater than those established in the preceding articles shall be permitted in cases of integrated urbanistic projects comprising super blocks, neighborhood units, or residential groupings composed of more than 10 units. Their approval shall depend on the presentation of a comprehensive urbanistic project complying with the following requirements, in addition to the provisions on approval of urbanization projects. I. The maximum perimeter of super blocks or neighborhood units shall not exceed 1,600 meters and the minimum perimeter shall not be less than 800 meters. II. The distance from the center of the super block, super block or neighborhood unit to any point exterior to them shall not exceed 350 meters. III. The comprehensive urbanistic project shall include the location at scale of the buildings, the use to which they are destined, occupation and construction indices, calculation of areas including areas of public use destined for green space, institutional use, integrated social facilities, vehicle circulation routes, pedestrian ways and parking areas. IV. Mixed residential, commercial, and social equipment use shall be permitted. For this type of project, the same provisions regarding the proportion of green areas and social equipment shall be complied with.

Residential groupings defined in this Ordinance as R4 are characterized by freedom in architectural and urbanistic design with respect to the size and shape of the blocks and the lots occupied by each building, with the concept of the urbanistic unity of the whole prevailing. Another characteristic is the increase in the minimum densities provided for and direct access of dwellings to communal private areas.

In R4 residential groupings all areas and constructions of communal private property and enjoyment shall be planned, constructed, equipped and outfitted jointly. AREAS DESTINED FOR PUBLIC USE

In urbanization projects, areas of public use destined for institutional uses, green areas and integrated social and sports facilities shall be provided. Paragraph: "The minimum equipment of the areas of public use shall be established based on the tables 'Equipment Programming and Pre-dimensioning of Local and Sectional Parks' attached to this Ordinance, considering the population density that said project comprises".

The area of public use shall consist of a minimum reserve of 15% of the total area to be urbanized, in addition to areas destined for public circulation routes and easements; this area may be distributed in a maximum of two lots, whose dimensions are appropriate to receive constructions of public buildings surrounded 100% by public circulation routes plus the necessary infrastructure to provide them with basic public services. This area shall be transferred to the Municipality through a deed, prior to authorization for the inscription of the project in the Local Property Registry. Paragraph 1: "The provisions of the preceding Article shall not be applicable to properties intended to be subdivided whose area is less than one hectare. Unless said property forms part of a larger property whose owner intends to parcel or sell it, developing projects thereon that are not properly subdivisions, and the larger property is equal to or greater than one hectare, in which case the original owner of said property shall have the obligation to deliver the Municipal percentage, calculated on the total area of the property." Paragraph 2: "For purposes of calculating the area destined for public use, based on the percentage described above, the area affected by the projection of the proposed roads on the official urban road system map or those projected in accordance with specific studies by the Municipal Office of Urban Planning shall not be computed."

Areas with a slope greater than 15% or that have impediments to being used in institutional projects shall not be accepted as green space or institutional area.

The areas of public use destined for institutional use, green areas and social facilities shall be grouped to form integrated parks, in accordance with the guidelines provided by the Municipal Office of Urban Planning. ARTICLE 122: The areas destined for integrated parks by the Municipality in an urbanization may not be altered in their location. Paragraph 1: "When the area of the park exceeds the 15% area that must be ceded under this Ordinance, the Municipality may indicate the location of the area in one of the adjoining boundaries to the unurbanized land, so as to obtain the complementary area when the other adjoining urbanization is executed, or in case this alternative is not possible, acquire the excess through purchase or exchange." Paragraph 2: "In the event that the grounds of an urbanization do not indicate the implantation of any integrated Park, the 15% ceded to the Municipality shall remain as an unequipped green area, or may be exchanged by the Municipality for the complementation of the area necessary for the implantation of parks located in other zones." Paragraph 3: "In the cases of exchange indicated in the preceding article, the Municipality's property shall not be exchanged for one of lesser value; in any case no price superior to the cadastral value established by the Municipality shall be paid, or otherwise in accordance with regulations or Governmental Law that deems this type of acts."

In any case of lot subdivision, approval by the Municipal Office of Urban Planning through the Urban Control office is necessary, upon written request by the interested party attaching the documents and plans from the Indicative Guide for lot subdivision. Paragraph 1: "The Indicative Guide in this article shall be issued by the Municipal Office of Urban Planning, which shall indicate the documentation and plans in as many copies as necessary." Paragraph 2: The requirements of this article are mandatory exclusively in the following cases:

• a)

  When only two lots exist;

• b)

  When it is a matter of subdivision of a small strip or part of a lot to be incorporated into another lot.

In any case, approval of lot subdivision shall only be permitted when the remaining part of the lot or the resulting lots can form an independent lot with shape, area and dimensions that are in compliance with the urbanistic indices according to its zoning indicated in the maps attached to this Ordinance. Paragraph: "In cases of areas circumscribed by public roads and divided into parcels of one hectare, a written commitment shall be required before a Notary Public of the union of both municipal lots in case of intending to subdivide them.

The process of approval of urbanizations shall consist of the following stages: I. Request before the Honorable Municipal Corporation for issuance of Guidelines. II. Issuance of Guidelines for Urbanization. III. Approval of the pre-project of urbanization. IV. Approval of the final urbanization project by the Honorable Municipal Corporation. V. Acceptance and receipt of areas of public use by the Municipal Attorney's Office. VI. Acceptance and receipt of urbanization works by: DIMA ENEE, Road Commission and Municipal Engineering.

To initiate the approval process for any urbanization, the interested party shall request from the Municipality through the Single Window Program (Urban Control) of the Office of Urban Planning, information regarding the procedure for the Urbanization permit and likewise the Indicative Guides of the documentation and plans that must be presented in each stage of the process may be requested. Paragraph 1: "The Indicative Guides of each of the processes for the approval of urbanizations shall be issued by the Office of Urban Planning through the Urban Control office, in which in addition to indicating the necessary documentation and plans to initiate the process, information shall be provided on the consecutive stage." Paragraph 2: "The documents and plans mentioned in the preceding article shall be sent in as many copies as are necessary for internal processing in the Municipality and to send them to all bodies in charge of infrastructure that must establish guidelines." Paragraph 3: "By annex attached to this Ordinance, the minimum requirements of the Indicative Guides and the documents necessary to develop each of the stages in the approval process of the urbanization project are indicated."

To continue the approval process of the urbanization, the interested party shall present to the Municipal Secretary the request for issuance of Guidelines addressed to the Honorable Municipal Corporation. These, once issued by the Office of Urban Planning, shall be complied with in the elaboration of the plans of the urbanistic pre-project, attaching the documents and plans from the Indicative Guide of the process for issuance of the Urbanization Guidelines.

Subsequently, a technical legal and environmental report shall be requested from the different Municipal departments that are responsible for ruling on the matter.

After having conducted the mandatory inspection of the property and performed the pertinent investigations in the matter, an official shall be issued indicating the following guidelines: A. Urbanistic Norms regarding zoning and land use in accordance with this Ordinance. B. Norms regarding the characteristics of public use areas destined for green spaces, institutional uses, integrated parks and circulation routes. C. Norms regarding the characteristics and dimensions of blocks, lots and other characteristics and provisions related to this Ordinance. D. Norms regarding the characteristics of circulation routes applicable to the case; furthermore, in case of affectation, it shall indicate the projections of the official urban road system of the city and the reserve of protection areas "Non-Aedificandi" in accordance with this Ordinance. E. Other urbanistic and environmental guidelines not provided for in this Ordinance.

If within a period of six months from the date of issuance of the urbanization directives, the interested party does not present all the necessary documentation for the approval of the urbanization preliminary draft, the directives issued shall have no further validity and a new request for urbanization directives must be submitted. APPROVAL OF THE URBANIZATION PRELIMINARY DRAFT

To continue the process of approval of the Urbanization, the interested party shall submit to the Municipal Urban Planning Office a request for approval of the plans of the Preliminary Draft that must be complied with in the preparation of the plans of the final urbanization project, attaching the documents and plans from the Indicative Guide of the process in the final approval of the Urbanization Preliminary Draft.

Subsequently, after analyzing the Urbanization Preliminary Draft in accordance with the directives issued and the standards of this Ordinance, an opinion of approval or disapproval shall be issued, attaching a copy of the plans duly signed and sealed. This opinion shall not include the approval of the competent agencies in the matter of public services infrastructure.

If within a period of six months from the date of issuance of the opinion of approval of the Preliminary Draft, the interested party does not present all the documentation for the approval of the definitive project, the Preliminary Draft shall have no further validity, and the interested party must submit a new request for revalidation. APPROVAL OF THE FINAL URBANIZATION PROJECT

To continue the process of approval of the urbanization, the interested party shall submit to the Municipal Urban Planning Office through the Urban Control Department a request for Municipal approval of the project that must be developed in accordance with the final plans, attaching the documents and plans from the Indicative Guide of the process in the approval of the final urbanization project.

The project owner or their legal representative shall send copies of the plans, reports, and calculation sheets pertaining to the designs of infrastructure services to the units and entities competent in matters of: I- Design of water supply, design of sanitary sewer; design of storm water sewer; (DIMA). II- Design of electrical energy and public lighting; (ENEE). III- Design of the Road System and its Signaling. IV- License from the Municipal Environmental Division. V- License from Anthropology and History. Paragraph 1: "The units and entities cited in this article shall issue opinions approving or disapproving the respective designs within their competence, within the maximum periods set forth in their internal regulations." Paragraph 2: "The Municipal Urban Planning Office may not issue a final opinion without the approval opinions of the projects related to the public services infrastructure mentioned in this article."

After conducting the mandatory inspection visit and analyzing the urbanization project in accordance with the approved Preliminary Draft and the standards of this Ordinance, an opinion of approval of the final project shall be issued. Paragraph: "The Municipal Urban Planning Office shall notify the interested party regarding any irregularities found or complementary information necessary, and shall only continue the process once the irregularities have been remedied in accordance with the notice."

The opinion of approval of the urbanization project shall consider, in addition to technical aspects, the following: I- The official name of the urbanization. II- Works and services whose execution shall be mandatory on the part of the interested party. III- Areas that shall become public patrimony, at no cost to the Municipality. IV- Time period for the execution of the works and urbanization services. V- Deposit in the Municipal Treasury of the cost of a professional who shall supervise the work in the time indicated by the time period for execution. The amount shall be determined by the Municipal Corporation. VI- Value and conditions of the bonds or guarantees that support the agreement for the execution of the services and works of urbanization.

The Municipal Urban Planning Office submits to the Municipal Corporation, for consideration in ordinary session, the draft agreement for approval of the urbanization including the terms of the agreement, by means of which the interested party binds itself to comply with the following requirements: I- Execute the urbanization of the property in absolute conformity with the approved urbanization project. II- Transfer to public domain, at no cost to the Municipality, through a public deed, 15% of the land to be urbanized corresponding to green areas, institutional use and integrated social facilities, as a requirement for final approval of the project. III- Transfer to public domain, at no cost to the Municipality, through a public deed, the circulation routes, works and public services infrastructure after DIMA and ENEE have received through an official record the public services that correspond to them. IV- Identify the lots for which the Municipality shall hold as a guarantee of execution of the services and works of urbanization of the property; in the case of a bond, it must correspond to the cost of the works and services that must be carried out, including a guarantee against defects that may arise in the works within a pre-established period. V- Execute at its own cost and within the time periods set by the Municipality, the minimum works and services required by the Ordinance, as well as the supervision costs during the construction period of the work. VI- Facilitate the permanent inspection by the Municipality in all phases of execution of services and works of urbanization of the property. VII- Not grant a definitive public deed of sale of lots before the services and works defined as mandatory by the Municipality have been completed and their acceptance and receipt by the same. The violation of this provision shall be fined 10% of the value of each transaction, which shall be imposed by the legal representative of the Municipality. VIII- Provide in the agreements for promises of purchase and sale of lots the condition that such lots may only receive construction after all the works for which the urbanizer is obligated have been executed.

The Municipal Corporation approves or disapproves the Urbanization project and, in case of approval, shall authorize its legal representative to proceed with the preparation of the public document containing the agreement in all its terms, which must be signed with the interested party. Paragraph: "In the Municipal agreement for approval of the Urbanization Project, the specific works and services that the developer is obligated to execute shall be expressly stated, within the time period set in the terms of the agreement, at the end of which the developer shall forfeit, in favor of the Municipality, the property held in bond, in the event that the requirements have not been fulfilled."

The interested party shall agree on the terms of the agreement and as a guarantee of the obligations mentioned in the preceding article, shall post bonds on real property of sufficient value that, in the judgment of the Municipality, guarantee the cost of the execution of the works and services that must be carried out on the date set, and when the guarantee is a bank guarantee, it must stipulate the time, amount, and risks covered, which, once accepted by the Municipal Corporation, must be noted in the Commercial Registry.

Once the terms of the agreement are signed and the guarantees or bonds are received duly registered, the Municipal Corporation returns to the Municipal Urban Planning Office to deliver to the interested party the Municipal agreement for approval of the Urbanization Project, through which the interested party is authorized to begin the execution of the works and services contained in the Urbanization Project.

The interested party shall communicate the beginning of works to the Municipal Urban Planning Office and to the units and agencies responsible for the supervision of works and services. INDICATIVE GUIDE #I NECESSARY DOCUMENTATION FOR THE ISSUANCE OF STANDARDS AND DIRECTIVES FOR THE DEVELOPMENT OF URBANIZATION PROJECTS I- Request submitted to the Honorable Municipal Corporation. II- Municipal solvency of the property (proof of payment of taxes and services). III- Request for standards and directives for the development of an urbanization project, signed by the owner stating their name and address, accompanied by proof of payment for the corresponding services. If the request is submitted by the representative or legal agent, it must be accompanied by a power of attorney from the owner authenticated by a notary public. IV- When applicable, full and sufficient power granted by the owner in favor of the developer. V- Two copies of the deed of the real property to be developed. VI- Certification of registration in the municipal cadastral register. VII- Certification from the Real Property Registry showing the last registration of ownership, encumbrances, dismemberments, area and boundaries. VIII- Four copies of the location map of the property within the urban area, scale 1:10,000, indicating the adjacent areas that already have roads, in a manner that allows complete recognition of the area subject to the request. IX- Four copies of the polygon plan (perimeter of the property) at scale 1:1,000, labeled and signed by the owner and by the engineering firm or professional duly registered with the respective professional college, responsible for the topographic survey, containing: a) dimension and surface area of the property (polygon data). b) magnetic or true orientation, limits of the property and existing roads on adjacent properties. d) contour lines every meter with elevations referred to sea level, by connection to a benchmark recognized by the National Geographic Institute. e) water courses, trees, flood-prone areas, springs, energy transmission lines, existing constructions, roads and paths and all other works and installations existing on the property and other topographic indications of interest requested from references to official vertical alignments of the National Geographic Institute; g) calculation sheets of the topographic survey performed and signed by the responsible professional. INDICATIVE GUIDE #II to be submitted to the Municipal Corporation, which must be signed by the owner stating their name and address, accompanied by proof of payment for the corresponding services. If the request is submitted by the representative or legal agent, it must be accompanied by a power of attorney from the owner authenticated by a notary public. II- A copy of the previously described request with the signature and receipt stamp of the Municipal Secretary shall be presented to the Urban Planning Office. NECESSARY DOCUMENTATION FOR THE APPROVAL OF THE URBANIZATION PRELIMINARY DRAFT I- Request for approval of the urbanization preliminary draft, signed by the owner stating their name and address, accompanied by proof of payment for the corresponding services. If the request is submitted by the representative or legal agent, it must be accompanied by a power of attorney from the owner authenticated by a notary public, and the following documents shall be attached. II- Copies of the corresponding directives issued by Urban Planning. III- Three copies of the preliminary draft plan at scale 1:1,000, signed by the owner and by the engineering firm, Architecture, or professional duly registered with the respective college; containing: a) polygon of the property with the data of the area to be urbanized, as well as the projection of number of blocks and lots, of the areas of circulation routes, of public areas designated for green areas, institutional or integrated social facilities, description of typical lots (area, frontage and minimum depth). b) road system and areas for parking. c) arrangement, shape and dimensions of public green areas, institutional and for integrated social facilities. d) arrangement of blocks and lots, including the indication of areas for residential and non-residential purposes. e) afforestation plan: location and name of the tree species or species. IV- In case a schematic solution is necessary for earth movement, landscape design of roads, green areas and the descriptive report of the urbanization preliminary draft in all its aspects. V- Compliance with all that was required in Indicative Guide #I. INDICATIVE GUIDE #III NECESSARY DOCUMENTATION FOR THE APPROVAL OF THE URBANIZATION PROJECT I- A request for final approval of the urbanization project shall be submitted to the Municipal Secretary directed to the Municipal Corporation. III- Updated certification from the Real Property Registry showing the last registration of ownership, encumbrances, dismemberments and boundaries. IV- Certification from the Property Registry certifying freedom from encumbrances on the real property intended for public use, green areas or institutional use. V- Proof of payment of taxes and fees affecting the property and proof of payment of other municipal taxes. VI- Four copies of sets of plans of the urban development project at scale 1:1,000, including the following elements:

• a)

  Polygon of the property indicating the names of adjacent urbanizations and the owners of adjoining properties.

• b)

  Magnetic or true orientation.

• c)

  Design and precise indication of all circulation routes and location of parking areas including the nomenclature of the routes.

• d)

  Alignment of all routes indicating elevations every 10 meters; the radii, chords, arcs, tangential points and central angles in the case of curved roads and respective calculation sheets of the topographic survey.

• e)

  Profiles of the roads with indication of slopes, at horizontal scale 1:500 and vertical 1:100 on graph paper.

• f)

  Typical cross-sections of the road axes defining lanes or travel bands, sidewalks and tree-planting bands, at scale 1:200.

• g)

  Exact indication of the location, shape and dimensions of public green areas, institutional and for integrated social facilities at scale 1:1,000 and profiles at 1:200.

• h)

  Landscape design plan with exact location for afforestation, classification of species and design of gardens and protection of areas against erosion.

• i)

  Plan of the arrangement of blocks with their exact dimensions and numerical identification of the same in an orderly manner.

• j)

  Exact indication of the shape, area and dimensions of each one of the lots, including the "Non-aedificandi" bands, in addition to the corresponding orderly numerical identification of all lots, indicating graphically the minimum setbacks from front, rear and side and the dimensions of the property lines.

• k)

  Exact indication of the location of lots intended for residential buildings or intended for commerce, industry and provision of services.

• l)

  Demarcation of easements and special restrictions.

• m)

  Calculation of the total area of the property, of the areas designated for circulation routes, of the public areas designated for green areas, institutional and integrated social facilities and their respective percentages.

• n)

  Tables and charts with the dimensions of the areas of each one of the lots, according to the adopted numbering. o) Descriptive report of the urban development project, including each one of the aspects previously mentioned, quantity of works, costs of urbanization, time period for execution and information on probable selling value per square meter. p) Design of gutters and curbs, including dimensions and specifications of the longitudinal and cross profiles. q) Design of pavements, in accordance with the directives issued by the competent agency. r) Plans and approval letter extended by DIMA of the design of drainage and storm water sewage, direction of water runoff and the position and dimensions of sites requiring drainage and canalization, pipe dimensions, location of inspection wells, boxes, screens, indication of the final disposal site; other specifications in accordance with the requirements of the competent agency. s) Plan and approval letter extended by DIMA of the design of potable water supply: distribution network shown in plan and profile, defining the intake points and the system pipelines, pipe dimensions, volume of expected consumption; other specifications in accordance with the requirements of the competent agency. t) Plans and approval letter extended by DIMA of the design of sanitary sewer: distribution network shown in plan and profile, layout of collectors and domestic connections, pipe dimensions and technical characteristics of the network; indication of final disposal sites, details of inspection wells; other specifications in accordance with the requirements of the competent agency. u) Plans and approval letter of the design of electrical energy and public lighting: distribution network, poles, and characteristics in accordance with the requirements of the competent agency. v) Specific descriptive reports for each one of the infrastructure designs, characterizing the works that will be executed, technical feasibility of their execution, with cost and time period estimates. ACCEPTANCE AND RECEIPT OF THE AREA OF PUBLIC USE, WORKS AND SERVICES OF URBANIZATION

During the execution of the works and services of urbanization, the Municipality and the competent agencies in the matter of infrastructure, DIMA, etc., shall conduct the respective supervision and inspection to verify: I- Compliance with the specifications of the approved project. II- Existence of plates identifying the responsible technician, verifying their possible replacement, and with respect to the suspension of works and services.

Once the works and services of the urbanization are completed, the interested party shall communicate to the Municipality its authorization to grant definitive deeds of sale of lots prior to their registration in the local Property Registry, presenting the following documents: I- Copy of the receipt of payment of the municipal urbanization permit. II- Four copies of the rectified plan at scales 1:1,000 of the urbanization, which shall be considered official for all purposes. III- Copy of the deed of transfer to the Municipality of the area of public use (percentage of urbanization). IV- Cadastral proof of possession of full ownership of the lots for sale to the public.

The acceptance and receipt of urbanization works and services shall be conditioned upon the acceptance and receipt of infrastructure works and services by the competent units and agencies, which shall issue the corresponding opinion in accordance with their specific regulations.

The Municipal Office of Urban Planning through Urban Control shall conduct an inspection visit and shall draw up a closing report of works and service installations in accordance with the specifications of the approved project.

All works and installations of required services, areas designated for public use, as well as circulation routes shall become an integral part of the Municipality's patrimony by means of public deed and free from any mortgage, limitation, or encumbrance and at no cost to the Municipality, once completed and declared in accordance after inspection visits by the competent agencies.

Once the requirements of the preceding article have been fulfilled, the Municipality shall release the guarantee agreed upon for the execution of works and services, retaining part of the guarantee against defects that may arise in the works within the term established in the agreement.

Once the preceding procedures have been completed, the Municipal Office of Urban Planning through its Units shall issue the approval of the plan considered official for all purposes, as well as the opinion of acceptance and receipt of urbanization works and services, authorizing the interested party to grant a final deed of purchase and sale of lots upon presentation of construction permit requests for the same.

If the developer does not comply within the stipulated deadline for delivery of works according to the terms of the agreement or if he maliciously does not employ adequate and good quality materials, the representative of the Municipality shall notify the Municipal Corporation as soon as possible that the interested party in the urbanization is violating the agreement. The Urban Planning Office, upon review of the report, shall take the following decisions: I - To determine that an inspection of the works be conducted and that a report with the corresponding suggestions be issued in the shortest possible time. II - Immediate suspension of works at the cost of the interested party, ordering the demolition of everything constructed in disagreement with the approved project and imposing the sanctions provided for in this Ordinance. III - In the event that the interested party in the construction of works refuses to demolish the deficiently constructed works or fails to change the poor quality material employed, or fails to comply with the fixed deadlines, the Municipality shall have the right to have the matter submitted to the judgment of friendly arbitrators; and if such procedure cannot or should not be carried out, the Municipality shall resort to the First Civil Court to sue the interested party for damages caused, the lots given as guarantee of the obligation being resold at public auction and if it be a bank bond, the Court, once the judgment is final and favorable to the Corporation, shall demand payment of the guaranteed obligation. The same right shall belong to individuals who have contracted with the owner of the urbanization.

After officially accepting the urbanization works, the Municipal Office of Urban Planning shall incorporate the urbanization into the official city maps and shall send information to all interested agencies, particularly to the Municipal Cadastral Office and to the competent agencies in matters of public services and infrastructure.

The Municipal Cadastral Office shall draw up a register of all public and private areas of the Urbanization and shall proceed to register them in the cadastral register.

It shall not be the responsibility of the Municipality any difference in the measurements of lots or blocks that the buyer comes to verify in relation to the measurements of the approved urbanizations.

The minimum works and services required under the terms of the agreement referred to in the preceding Articles and which shall be subject to guarantee by the developer are the following: I - Demarcation of all land, blocks and lots. II - Opening of public roads and areas of public use designated for institutional purposes, green areas and integrated social facilities. III - Earthwork and drainage. IV - Placement of curbs, gutters and sidewalks. V - Water supply network. VI - Storm and sanitary sewer network. VII - Paving of public roads, including pedestrian walkways. VIII - Electric power and public lighting. IX - Tree planting and landscaping of public roads and areas of public use designated for green areas, institutional purposes and integrated social facilities. Paragraph: "At the discretion of the Municipality, when its necessity is demonstrated, the developer may be required to execute other works and services in addition to those listed in this Article."

The maximum period for commencement of urbanization works and services shall be one year from the date of issuance of the respective agreement, understanding by commencement of works the opening and leveling of streets.

The maximum period for completion of works shall be established by the Municipal Agreement based on the size of the land and volume of works. The Municipality may, upon recommendation of the Municipal Office of Urban Planning and prior justification by the interested party, extend this period for one year only once.

Execution in stages shall only be authorized when the Approval Agreement fixes the total deadline for complete execution of works and the areas and deadlines corresponding to each stage; and are executed in each stage in all planned works guaranteeing to lot purchasers the full use of the implanted works and services.

The execution of the stormwater drainage network shall only be exempted when there is no network for connection, and in this case surface runoff may be permitted according to the standards defined by DIMA.

The works for connection of stormwater drainage networks and sanitary sewers shall be executed by DIMA or in accordance with existing standards.

Special minimum standards shall be permitted, with specifications lesser than those required in the preceding articles of this chapter and in relation to the minimum lot size, exclusively in zones ZR-VI, ZR-VIII and ZR-IX in the external urban nuclei of the urban area, when they are promoted and executed directly by the Municipality, Housing Cooperatives, Labor Unions, Patronatos and Charitable Entities, or by private parties through agreements with these or other non-profit entities, in the following cases: I. Urbanizations intended for housing complexes or R4 residential groupings of social interest. II. Social interest urbanizations that include lots and minimum services. III. Social interest urbanizations that include self-construction systems, progressive improvement solutions and that incorporate community participation. Paragraph: "This type of urbanization must be approved by the Municipal Corporation, following specific study by the Municipal Office of Urban Planning."

Urbanizations included in this section shall observe the minimum standards established in each case by the Municipal Office of Urban Planning and by the competent bodies in matters of infrastructure, particularly DIMA and ENEE, following the following criteria: I. That the application of minimum standards allows progressive improvement and its evolution until becoming complete solutions; II. That its development incorporate processes of permanent technical and social assistance to the population benefited by the program, by the promoting and executing entities. III. That the public infrastructure service networks satisfy the minimum standards of basic sanitation, such as: Supply of drinking water, sanitary sewerage and flood control. IV. That the complementary infrastructure guarantee permanent minimum conditions of access, transit, lighting and security of the population. V. In no case shall it be accepted to reduce the percentage of areas intended for public use, institutional areas, green areas, integrated social equipment, provided for in this Ordinance. VI. Connection to the main road system of the city including access road to the urbanization served by public transportation. VII. Present technical-economic and social feasibility study, with socioeconomic analysis of the population served, in the aspects related to the reduction of urbanization costs, social benefit-economic cost relationship, densities, saving capacity, supply and demand. VIII. Integrated social equipment shall be implemented jointly with the urbanization in complete form and in accordance with the planned density. THE REURBANIZATION OF AREAS ARTICLE 168. Reurbanizations may be executed by private owners of various lots to improve the use of an already urbanized area or to comply with the urban planning standards of this Ordinance; or by the Municipality in Urban Renewal projects, for the opening or expansion of public roads or other purposes indicated in the Urban Development Plan. Paragraph 1: "The Municipal Office of Urban Planning is responsible for the territorial organization of areas subject to reurbanizations; whose basic information shall comprise the complete relationship of properties, names of owners, dimensions, delimitations and evaluations of real property and other elements necessary to the reurbanization study". Paragraph 2: "In cases of reurbanizations executed by the Municipality, once deducted from the total area the areas necessary for new roads and expansion of existing ones or for other purposes of public use and after the new arrangement of lots, these shall be redistributed to owners observed, insofar as possible, the location of the previous property..." Paragraph 3: "The areas deducted for purposes of public use shall be expropriated".

Once the urbanization studies promoted by the Municipality are concluded, it shall convene all interested parties to present the project, giving them a period of 20 (twenty) days to agree or to present any eventual objections. Paragraph 1: "Upon expiration of the stipulated period, in case there are disagreeing owners, the Municipal Office of Urban Planning shall convene a meeting of all interested parties to debate the matter." Paragraph 2: "The Municipality may study, by mutual agreement with the owners, other legal forms that satisfy the objectives". THE URBAN RENEWAL

Urban Renewal consists of programs designed to develop plans and projects aimed at enabling, rehabilitating, re-urbanizing and improving specific areas that, by their characteristics of land use and occupation, present themselves as obsolete and poorly utilized in relation to the advantages of their location. Urban renewal programs are characterized by the dynamization of transformation processes of inadequately developed urban areas, promoting the participation of the private sector through urban projects integrated with the public sector.

The Municipal Urban Planning Office, through the Urban Planning Office, shall delimit the specific areas and prepare terms of reference for the preparation of integrated urban projects.

The Municipal Corporation, once the specific areas have been delimited by the Municipal Urban Planning Office, shall declare them Special Zones subject to specific study to determine the norms of land use and occupation, and until such time as provisions are established on a temporary basis to regulate their use and occupation, shall be required to observe the norms of this Ordinance.

Urban Renewal programs and projects shall include the following aspects: I. Direct participation of public power through integrated urban projects carried out on municipally owned lands. II. Direct participation of public power through the execution of public circulation routes, public service networks of infrastructure and the implementation of integrated social facilities. III. Participation of public power through the preparation and promotion of programs, studies and projects aimed at urban renewal of specific areas, whose characteristics of architectural and urban unity in terms of urban landscape, promote the participation of the private sector and encourage better utilization of constructed space. IV. Indirect participation of public power through a type of regulation and standardization of urban indices that optimize the environmental conditions of the urban landscape without detriment to the profitable use of the lands, encouraging the participation of the private sector through integrated urban projects. V. Indirect participation of public power through incentives and stimuli of a tax and fiscal nature that promote the participation of the private sector through real estate investments, without detriment to the urban and volumetric unity of the whole, guaranteed by the correct observance of the specific regulations established for the area as a whole. VI. Joint participation of public and private sectors in ventures of a mixed nature. VII. Control the use of land and catalyze specific functions that may dynamize the study area, balance daytime and nighttime densities particularly in central areas, avoid the persistence of non-conforming uses and encourage the grouping of lots that allow integrated urban projects.

The Municipality, through its competent bodies, is responsible for overseeing compliance with the standards contained in this Ordinance. The collaboration of Professional Colleges in achieving the objectives is desirable.

Those responsible for services, works, or establishments of any nature are obligated to facilitate inspection by the Municipality.

Inspection inspections shall be conducted, whenever possible, in the presence of the interested party or their representative and on dates and at times previously scheduled, except in cases judged to present imminent grave risk to safety, health, and public tranquility. Therefore, each work shall be required to maintain a Log Book to record, at least three times per week, all observations in the case, endorsed with the responsible signature of the work. Paragraph 1: "This Log Book shall be opened on the day activities begin and shall register therein the legally authorized signatures responsible for the work. It shall be numbered and shall have an original and two copies. It shall always remain at the work site and may not leave it until the work is concluded". Paragraph 2: "All relevant and significant aspects of the work shall be recorded in it and it shall be the sole legal instrument for recognizing changes, extensions, and costs thereof".

In every inspection, it is furthermore mandatory that the findings of the competent bodies or units of the Municipality be set forth in an inspection report including the following aspects: I. Nature of the installations, works, or establishments. II. Whether the establishment, work, or installation has obtained permits or approval for its execution or operation. III. Whether modifications were made in relation to the approved projects or permits. IV. Progress of work and time employed.

Once a violation of any standard of this Ordinance is verified, in accordance with the inspection report, the respective infraction report shall be drawn up immediately, which shall mandatorily contain the following elements: I. Date, month, hour, location where it was drawn up. II. Name of the offender, profession, address. III. Succinct description of the fact determining the infraction, and of the facts that may serve as aggravating or mitigating circumstances. IV. Standards of this Ordinance that were violated. V. Signature of the Municipal official who drew up the infraction report. Paragraph: "The issuance of the infraction report does not depend on a witness and the Municipal official who drew it up assumes full responsibility for it, being subject to penalties for serious misconduct, in case of errors, excesses, or omissions".

The infraction report shall be accompanied by notice to the interested party indicating the following elements: I. Standards of this Ordinance that must be complied with. II. Measures that the interested party must take. III. Time periods within which the measures must be taken. Paragraph: "The time periods for compliance with the aforementioned measures shall not exceed eight days".

The infraction reports and the respective notice shall be communicated immediately to the interested party so that they may become aware of the facts, or in their absence, proceed with its publication. Paragraph 1: "The offender shall have a period of 5 days, from the date of issuance of the infraction report and corresponding notice, to present an appeal and defense, by means of a written request addressed to the Municipal Office of Urban Planning". Paragraph 2: "The opinion of the Municipal Office of Urban Planning shall take into account the conclusions of the inspection report and the technical response of its competent units to the reasons set forth by the interested party in the written appeal". Paragraph 3: "The appeal shall not suspend the execution of urgent measures in cases of risks to public safety". Paragraph 4: "Upon request of the interested party, the time period set forth in the notice may be extended for compliance with the required measures, provided that the extension shall not exceed the previously established period".

In the case of a favorable opinion to the interested party, the notice shall lose its validity.

In the case of an unfavorable opinion, a new notice of default shall be drafted, which shall be communicated to the interested party with the result of the opinion, setting a new deadline for the measures that must be taken.

Upon expiration of the deadline fixed in the notice of default, if the required measures were not taken, the suspension of the establishment or the works and services shall be ordered as appropriate.

If the infraction continues after the notice of suspension, police force shall be used to enforce the pertinent provisions.

Infractions to the provisions of this Ordinance shall be sanctioned with the revocation of the permit or approval agreement, suspension of the establishment, work or service, demolition of the work as appropriate, in addition to the application of fines by the Municipality.

Any person who directly or indirectly initiates or carries out an urbanization or opening of a public right-of-way without the respective approval agreement shall incur fines for each warning issued, in addition to the suspension of the works or services. If the deadline set in the notice of default expires without the required measures being complied with, such person shall also be fined and without prejudice to the application of the provisions in force in the laws.

If what was constructed without approval or permit cannot be authorized in accordance with the provisions of this Ordinance, its demolition shall be ordered and if the property owner does not carry it out, he shall incur successive fines for each warning until its demolition is executed at the expense of the property owner or the work is executed in accordance with the provisions of this Ordinance.

The architect, engineer, contractor, master builder, construction company or builder who directs or administers urbanization works, whose construction begins without an approval agreement or makes modifications to the approved project without the necessary authorization from the Municipality, or executes the works and services in disagreement with the approved project, shall incur fines in accordance with what is established in the current Tax Plan, for each notification, unless in the process he is exonerated of guilt.

The municipality, through the Office of Urban Planning, shall take all measures to ensure that registered professionals strictly comply with the norms of this Ordinance and the norms of professional ethics, communicating to the respective Professional Association the irregularities and sanctions incurred by such professionals, so that the norms set forth in the Organic Law and in the Internal Regulation of each Professional Association may be applied.

In the commitment contracts for the purchase and sale of lots in urbanizations and in the respective deeds, the developer must obligatorily reproduce the provisions of the Approval Agreement of the pertinent urbanization and the restrictions relating to use. Infraction of this provision is punishable by fine for each notification.

Any person who, being responsible or owner of an establishment with non-residential use in irregular situation, installed prior to the effective date of this Ordinance and who does not comply with the deadlines provided for in accordance with the prior articles, shall incur a fine for each warning, in addition to the suspension of activities.

Any person responsible for the installation of Permitted Use with Restriction from the effective date of this Ordinance, without the corresponding Municipal occupation and operation permit, shall incur a fine for each warning and while its operation continues, in addition to the suspension of activities, in accordance with the procedures provided for in this Ordinance.

Any person responsible for the installation of Prohibited Use from the effective date of this Ordinance shall incur a fine for each warning while its operation continues, with immediate application of the suspension of activities.

Any person responsible for the installation of Permitted Use with Restriction without respecting the conditions specified regarding compatibility of uses, characteristics of equipment and other restrictions defined by the Municipal Office of Urban Planning shall incur a fine for each warning while the infraction continues, and the application of suspension of activities, in accordance with the procedures provided for in this Ordinance.

Any other infraction to the provisions of this Ordinance shall incur a fine, without prejudice to other sanctions provided for.

No urbanization or construction or operation permit shall be approved whose application is presented by persons whose prior applications have not fulfilled the requirements established in this Ordinance, having regard to the pertinent notices of default and having complied with the sanctions that were applied.

In the review of the 1976 Master Plan, the articles and paragraphs that remain current and that did not undergo changes remain in full force and effect. ARTICLE 199 Prior to the planning and execution of a public works project within the Municipal jurisdiction that any state institution, including decentralized ones, must carry out, they shall be required to request the Municipal Corporation's opinion regarding the advisability or inadvisability of the project.

Every resident who proves to have fulfilled their civic obligations has the right to petition and to claim against acts that are harmful to the provisions of this Ordinance.

Acts emanating from Municipal Authorities that contravene the provisions of this Ordinance are null and void and without any effect.

Omissions shall be studied and reviewed by the Municipal Office of Urban Planning, and the solutions shall be approved by the Municipal Corporation.

Any alteration to this Ordinance, in addition to the justifying study by the Municipal Office of Urban Planning and the corresponding review, must follow all necessary legal procedures.

Any proposal to alter the perimeters of land use zones or the establishment of new perimeters requires the approval of the Municipal Corporation. Paragraph: When the proposal for alteration comes from private parties, the following requirements are required: I. The area subject to the proposal for alteration must have a minimum area of 10,000 (ten thousand) square meters. II. It must have the express consent of 2/3 (two-thirds) of the owners of the lots affected by the proposal for alteration, and these property owners must represent a minimum of 2/3 (two-thirds) of the total affected area. III. The proposal for alteration must receive a favorable report from the Municipal Office of Urban Planning, prior to a specific study, which shall be submitted for approval to the Municipal Corporation.

The following annexes form part of this Ordinance: 1) REGULATION FOR THE RECOVERY OF RIGHT-OF-WAY RIGHTS. REGULATION OF INSPECTION AND SANCTIONS FOR ILLEGAL CONSTRUCTION. REGULATION OF CONSTRUCTION II PART: SPECIAL CONDITIONS. III) REGULATION OF SIGNS. IV) EQUIPMENT AND PRE-DIMENSIONING OF PUBLIC USE AREAS. URBAN INFORMATION (Update 1993). ~ Plan of the perimetral division of neighborhoods and residential areas of the municipality of San Pedro Sula. ~ Plan of land use distribution in the municipality of San Pedro Sula. ~ Plan of localization of the main governmental institutions. ~ Plan of localization of the main markets. ~ Plan of localization of urban and rural cemeteries. ~ Plan of the localization of the main recreation areas. ~ Plan of location of the high voltage transmission network of ENEE. ~ Plan of localization of the proposed infrastructure and sanitary services, DIMA. ~ Plan indicating urban expansion over archaeological sites. ~ Plan of topographic relief and localization of forest preservation areas. ~ Plan of location of sub-basins (non-buildable areas). ~ Informational plan of the evolution of lagoons, 1977 to 1993. ~ Plan of location of the main groundwater recharge zones. ~ Plan of location of zones vulnerable to groundwater contamination. ~ Background, plan of the flood area during Hurricane "FIFI", 1974. ~ Background, plan of the flood area during 1990. ~ Plan of localization of erosion areas. Point No. 80.- The session was adjourned at three fifty in the afternoon, being signed for record by the undersigned mayor, councilors, advisors, and Municipal Secretary who certify what was done. Extended in the city of San Pedro Sula, department of Cortés, on the twenty-sixth day of the month of December of the year two thousand two.