P.R. Laws tit. 5, § 249

2019-02-20 00:00:00+00
§ 249. Petition for adjustment of regulations

(a) Any land occupier may file a petition with the Committee alleging great difficulties or unnecessary hardship in carrying out the strict letter of a land use regulation upon his lands, and praying the Committee to authorize a variance from the terms of the regulation in their application to his lands. Copies of such petition shall be served upon the chairman of the district supervisors and to the Puerto Rico Soil Conservation Committee. The Committee shall consider favorably the petition of the land occupier if he can prove that noncompliance with any specific regulations will not adversely affect the land use of his neighbors. The Committee shall cause due notice to be given of and hold a hearing on such petition. Any of the parties to the hearing may appear in person, by agent, or by attorney. If the Committee determines that there are great difficulties or unnecessary hardship in the way of applying the strict letter of the land use regulations on the land of the petitioner, it shall investigate the facts as to the conditions causing such difficulties or hardships and shall enter its finding and determination. The Committee may, by order, authorize such variance from the terms of the regulations, in their applications to the petitioner, as will relieve such great practical difficulties or unnecessary hardship, if such variance will not adversely affect the land use of his neighbors.

(b) If any petitioner is aggrieved by an order of the Committee, the district supervisors, or any intervening party, such petitioner may obtain a review of such order in the part of the Court of First Instance where the lands of the petitioner are located. The court shall have power to grant such temporary relief as it deems proper, and to enter a decree enforcing, modifying, or setting aside, in whole or in part, the order of the Committee.

History —Mar. 26, 1946, No. 211, p. 374, § 10, eff. July 1, 1946.