P.R. Laws tit. 9, § 53

2019-02-20 00:00:00+00
§ 53. Specific provisions for advertisements

(a) The signs permitted in this section shall be subject to the compliance with the norms established in §§ 51—51 l of this title.

(b) Zones in which the installation of signs shall be permitted. —

(1) Commercials districts.

(2) Industrial districts.

(3) Public districts.

(4) On any lot or building in any zoning district or non-zoning area in which it has been permitted any of the following uses: commercial, industrial, industrial agricultural, commercial agricultural, commercial tourist, residential tourist, or residential commercial.

(5) On any piece of land located in any zoning district or non-zoning area owned by the Government of Puerto Rico or any of its instrumentalities or political subdivisions.

(c) Size of the advertisements. —

(1) Advertisements on building frontage. —

(A) Advertisements with a size equal to the total visible area from a public road of the lateral and posterior frontages, and fifty percent (50%) of the visible area of the primary frontage. In the case of advertisements in areas where its main orientation is towards a road included in the National Highway System, ARPE shall establish through regulations, the form, size and other characteristics for the installation of advertisements in said areas.

(2) Advertisements on the ground. —

(A) On lots located in front of a public road of up to two (2) lanes, the maximum size of the advertisement installed on the ground shall be two hundred (200) square feet.

(B) On lots located in front of a public road with three (3) to five (5) lanes, the maximum size of the advertisements installed on the ground shall be four hundred (400) square feet, with temporary extensions of up to one hundred and twenty-five (125) square feet.

(C) On lots located in front of a public road with six (6) lanes or more, the maximum size of the advertisements installed on the ground shall be six hundred and seventy-two (672) square feet, with temporary extensions of up to two hundred and twenty-five (225) square feet.

(d) Amount of advertisements. —

(1) Advertisements on the front wall of a building. —

(A) More than one (1) advertisement may be installed on the front wall of a building occupying the visible area from the public road.

(2) Advertisements on the ground. —

(A) On lots located in front of a public road of up to two (2) lanes, a maximum of two (2) advertisements may be installed per lot, not subject to the provisions of subsection (e) hereinafter.

(B) On lots located in front of a public road with three (3) to five (5) lanes, in a commercial zone or nonzoning area with an authorized commercial use, a maximum of four (4) advertisements may be installed per lot, not subject to the provisions of subsection (e) hereinafter.

(C) On lots located in front of a public road with six (6) lanes or more in an industrial zone, a maximum of five (5) advertisements may be installed per lot, not subject to the provisions of subsection (e) hereinafter.

(e) Spacing between advertisements installed on the ground. — The space limitations provided hereinafter, shall apply only to advertisements installed on the ground on the same side of a public road, for what to determine the space between the advertisements installed on the ground, those advertisements installed on building walls shall not be taken into consideration.

(1) On lots located in front of a public road of up to two (2) lanes, the minimum spacing between the advertisements shall be five-hundred (500) feet.

(2) On lots located in front of a public road [with three (3) to five (5) lanes], the minimum spacing between the advertisements shall be three hundred and fifty (350) feet.

(3) On lots located in front of a public road with six (6) lanes or more, in a commercial zone or non-zoning area with an authorized commercial use, the minimum spacing between the advertisements shall be two hundred (200) feet. The spacing requisite imposed in this clause, shall be also applied to merging roads.

(4) On lots located in front of a public road with six (6) lanes or more, in an industrial zone or non-zoning area with an authorized industrial use, the minimum spacing between the advertisements shall be two hundred (200) feet. The spacing requisite imposed in this clause, shall be also applied to merging roads.

(f) Height of advertisements installed on the ground. —

(1) Advertisements installed on the ground shall have a maximum height of sixty (60) feet, provided that when the advertisements is installed so it can be seen from an elevated public road, for example, bridges or ramps, the maximum height shall be thirty (30) feet over the exterior protection barrier of the public road towards which it is oriented, not subject to the limitation of sixty (60) feet imposed in this subsection.

(g) Advertisements installed in parks of intense active recreation and on other structures in Districts P and that of public property, or in non-zoning areas, pursuant to the following: —

(1) Advertisements of limited size may be installed in the interior part of parks of intense active recreation (such as baseball parks and roofed courts), provided that they are oriented towards the bleachers area. The installation of advertisements oriented towards the interior of the fence that outlines the playing area in baseball parks, shall also be permitted, provided their height do not exceed thirty (30) feet, and its design is safe and complies with the best engineering norms. In addition, advertisements may be installed on the frontage of an intense active recreation building and on the ground pursuant to this section.

(2) On structures used as bus stops, advertisements may be installed perpendicular to a public road, its illumination shall be non-intermittent and the total size shall not exceed fifty (50) square feet, without extending over the structure’s roof or lateral wall. An individual permit shall be obtained for each advertisement installed on a bus stop. The structures used as bus stops shall have a roof, a seating area and a trash container, as well as an electric power meter.

(3) The structures on bus stops where advertisements are installed, may not invade the right of way of pedestrians, and, at all moments, shall allow a secure clear way on the sidewalk (without having to deviate or walk on the street), and to persons physically challenged or that must travel with a wheelchair or any other special equipment.

(4) The structures on bus stops where advertisements are installed, which in one way or another do not comply with any of the requisites established in this section, shall be conformed with said requisites or removed within a term of ninety (90) days from the effective date of this act. With regard to the requisite of obtaining a permit for each of the advertisements installed on bus stops, the provisions established in §§ 51a, 51c, 54, 54a and 54b of this title apply.

(h) Advertisements to be installed on public expression boards shall comply with the requisites of the Department of Transportation and Public Works that regulate the same since June 13, 1976. The Department of Transportation and Public Works shall have the responsibility of giving the appropriate maintenance to the public expression boards.

(i) On structures used as telephone booths, advertisements may be installed parallel or perpendicular to a public road, its illumination shall be non-intermittent and the total size shall not exceed twenty (20) square feet, without extending over the structure’s roof or walls.

(j) Advertisements may be installed on the frontage or on the ground of public buses terminals, or other public transportation vehicles, and on light vehicle parking areas, with a maximum size pursuant to the provisions of this section.

History —Dec. 22, 1999, No. 355, § 22, eff. 60 days after Dec. 22, 1999.