2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART I - Public Planning (§§ 1 — 229ccc) › Chapter 15 - Rehabilitation and Development of Santurce (§§ 226 — 226p) › § 226n - Definitions

For the purposes of this chapter, the following terms or phrases shall have the meaning expressed hereinbelow, unless another meaning appears within the context in which they are used, or it specifically indicates otherwise:
(a) Santurce.— The term Santurce means that part of the legal Santurce ward of the Municipality of San Juan that is bounded to the North by the Baldorioty de Castro Expressway up to its intersection with De Diego Avenue and then by Loiza Street, covering both sides of it up to the municipal limits with the municipality of Carolina; to the South by Caño Martin Peña; to the East by Los Corozos Lagoon and to the West by San Juan Bay, excluding the area between Baldorioty de Castro Expressway to the West, Hoare Street to the East and Luis Muñoz Rivera Expressway to the South and West. These shall be deemed as general limits. The Planning Board may establish priority areas and more precise demarcations within these general limits. The purpose of this demarcation is to include all sectors of Santurce ward that are deteriorated, and to exclude from the benefits of this chapter those developed sectors such as Condado, Miramar, Punta Las Marias and Ocean Park. The more precise demarcations that shall be made by the Planing Board shall include the sidewalks of the avenues, expressways or streets mentioned.
(b) Substantial rehabilitation or improvement.— The term substantial rehabilitation or improvement means all reconstruction work that is equal to or greater than thirty percent (30%) of the market value of the property to be rehabilitated prior to beginning the construction of the improvements, excluding the value of the land where such property is located. The certification to such effects shall be issued by the Permit Management Office.
(c) Improvement.— The term improvement means all investment equal to or greater than fifty thousand dollars ($50,000) made to improve the physical conditions of a property destined to cultural uses such as cinemas, theaters, concert halls, art galleries or any other uses for cultural, theatric or crafts purposes. The certification to such effects shall be issued by the Permit Management Office.
(d) Reasonable Rents Act.— The term Reasonable Rents Act means Act No. 464 of April 25, 1946.
(e) Adjusted rent.— The term means the rent established by the Department of Consumer Affairs for rehabilitated housing units in properties subject to the Reasonable Rents Act. This rent shall be established by taking into account only the total amount of the investment in the rehabilitation and the related costs added to a fair return on the investment.
(f) Eligible property.— All real property within the limits of Santurce ward dedicated to residential or mixed use; all real estate for which not less than seventy-five percent (75%) is devoted to cultural uses, such as cinemas, theaters, concert halls, art galleries or any other use with cultural, crafts and theatric purposes; all property that the Institute of Puerto Rican Culture declares of historical or architectural value regardless of its use; every structure or place included or potentially eligible for the National Register of Historic Places of the United States Department of the Interior, by the Commonwealth Bureau of Historic Preservation; all unused real estate or in other uses not specifically mentioned that is rehabilitated or constructed for residential, mixed or cultural uses as described, or to be used as a vehicle parking building. A vehicle parking building shall be understood to be a multilevel structure rehabilitated or constructed to be used for such purposes in exchange for a fee paid by the general public, pursuant to the provisions of §§ 805 et seq. of this title, known as the “Act to Regulate the Business of Public Motor Vehicle Parking Areas” and the “Regulations of the Department of Consumer Affairs” that regulate said activity. To be eligible, all of the above mentioned property shall comply with the requirements of the special planning zone to which it corresponds, and in every case, the properties shall be eligible while devoted to the uses and in the proportion established herein.
(g) Market value or market price.— Price at which a property would be appraised for purchase and sale in the absence of Commonwealth regulations and conducted by private agents.
(h) Subsequent businesses.— Means any economic activity substantially similar to an eliminated economic activity in which the owner or proprietor of the new activity held twenty-five percent (25%) or more of the shares or interest in the eliminated activity.
(i) Low and moderate income families.— Means any person or family whose maximum gross annual income does not exceed six (6) times the amount of the mortgage payments of principal and interest, property insurance and normal consumption of water and electricity to which it is bound when buying a dwelling or that, in the case of rental housing, their maximum annual income is equal to that established for low and moderate income families by public housing programs of the Commonwealth of Puerto Rico.
(j) Special planning zone.— The term means an area delimited by the Planning Board for the purpose of promoting the integrated development and rehabilitation of such area, taking into account those factors that will promote the retention and attraction of population, that will provide economic vitality and will facilitate the most adequate use of the land as well as the creation of a functional and aesthetically pleasant environment. The Planning Board shall prepare guidelines, regulations and any other document for said special area or zone, addressed to establishing the conditions needed to facilitate its rehabilitation and integrated development, in accordance with the powers conferred by §§ 62 et seq. of this title.
(k) Designated zone.— The term means a special planning zone in the Santurce ward of the municipality of San Juan for which the Planning Board has completed the process of adopting an integrated development plan, and the special regulations and applications of existing regulations, which govern the use of land and building characteristics pursuant to the provisions of §§ 226a and 226c of this title and to the provisions of §§ 62 et seq. of this title or if not, that thirty (30) days have elapsed after the term stipulated in the itinerary of designations for the zone, pursuant to § 226c of this title.
History —Aug. 4, 1988, No. 148, p. 618, § 15; Dec. 27, 1995, No. 254, §§ 6—9; renumbered as § 14 on Apr. 17, 2003, No. 110, § 2.