PLAYA ENCANTO SUBDIVISION
PUERTO PENASCO, SONORA
This document is the set of Legal, Administrative, Economic, Financial, and Technical elements that describe the establishment and execution of the Playa Encanto Partial Program of Urban Growth, since it is very useful to establish the total validity and operation of the program, and to accomplish the objectives established according to the formalities dictated by the General Law of Human Settlements, the Law of Urban Development for the State of Sonora and the Regulation of Puerto Penasco construction. The main routes to orchestrate the actions established in the present program can be grouped in the following way:
1. Administrative and/or Legal route. The creation or application of legal agreements or other instruments, in coordination with the different levels of government or in direct actions of the City or the Developer or of the Association of Playa Encanto Residents, including the following instruments:
REGULATIONS FOR FRACCINAMENTO TURISTICO "PLAYA ENCANTO", IN PUERTO PENASCO, MUNICIPALITY OF PUERTO PENASCO ARE:
LISTING OF RATIONALE AND GENERAL PROVISIONS
LISTING OF RATIONALE
Playa Encanto is one of the more attractive residential areas in the Mexican Northwest and today represents a great opportunity for tourism and the investment. For these reasons, Regulation of Construction applicable to a Tourist Subdivision is established for Playa Encanto. This document is based on the necessity to regulate and to assure the compatibility of existing and future construction. The Regulation for the "Playa Encanto Tourist Subdivision", was made in congruence with the Regulation of Construction for the Municipality of Puerto Penasco and to Law 101 of Urban Development for the State of Sonora and was presented to representatives of "Playa Encanto Civil Neighborhood Association A.C.", the Architectural Committee of Construction of "Playa Encanto Tourist Subdivision" and the Public Director of Urban Development, Works and Ecology of City of Puerto Penasco, Sonora. The purpose is to stimulate the construction of Residential Housing and to obtain a balance between density and urban image. The objective that the City intends to achieve with the application of the present document, is to contribute to the improvement of the urban image of the "Playa Encanto Tourist Subdivision" in fulfillment to the features of the Tourist Urban Program of Development and the declaration of uses for ground reserves and that are derived.
ARTICLE 1: For purposes of this document, the Regulation of Construction for the Municipality of Puerto Penasco, Sonora, will be referred to as "Municipal Regulation", Law 101 of Urban Development of the State of Sonora will be referred to as "the Law" and the Regulation of Construction of Playa Encanto will be mentioned as "the Norms", the City Council of Puerto Penasco as "the City Council", the Town Hall of the City of Puerto Penasco, as "the Town Hall", the Public Director of Urban Development, Works and Ecology, as "the Director", the Playa Encanto Neighborhood Civil Association, A.C. as "the Association", Playa Encanto Tourist Subdivision as "Playa Encanto", the Architectural Committee of Construction of Playa Encanto as "the Committee", the Council of Construction of Playa Encanto, as "the Council", the Secretary of Urban Infrastructure and Ecology, as "SIUE"; the agreements of coordination that have been executed among the 3 levels of Government that implement actions that are related to the area where the Tourist Subdivision is located as "the Agreements".
ARTICLE 2: All construction, site extension or remodeling as well as the installation of public services in public routes that begin within "Playa Encanto", will have to fulfill the provisions contained in this Regulation, the Regulation of Construction for the Municipality of Puerto Penasco, Sonora and Law 101 of Urban Development for the State of Sonora.
ARTICLE 3: Lands included in "Playa Encanto" are those that are indicated in the official plats, that were authorized by the SIUE, and conform to the "Norms" (72-97-69.92)
ARTICLE 4: All the wording and signage for public routes will have to be approved by "the committee" composed of the President of the Association or his representative, two home- owners and a representative of the Developer and will have to fulfill the measures established in the regulation of construction for the Municipality of Puerto Penasco, Sonora.
ARTICLE 5: The President of the Municipality will be the one who will preside over the Council or in his absence the civil employee whom he designates for such purpose. The Council will be composed of the Municipal President or the representative whom he designates, a representative of the Director, a representative of the Committee, a representative of the Association, a representative of the Developer and the President of the School of Civil Engineers or the person named by him.
ARTICLE 6: The function of "the Council" will be: A) To monitor compliance with the norms. B) To apply sanctions when the situation merits . C) To grant approval to changes in the project which will bring it into compliance, or to list the changes necessary in the project to bring it into compliance. D) To formulate additions and/or modifications to the present Regulations and to transact the corresponding authorization before the City Council for its approval. E) To decide situations not contemplated in the Regulations. F) Issues submitted to "the Council" will be decided by a majority of votes. The decisions will be definitive and binding . G) In cases where "the Council" cannot make a specific decision, the Municipal President, or the representative whom he designates for each case who will act as the president of "the Council", will determine the pertinent actions to follow in relation to the issue in question.
ARTICLE 7: The Director can deny a Building Permit for a project that has been authorized by "the Council, if it does not fulfill the other requirements that are specified in the Municipal Regulation and/or "the Law" and Norms.
ARTICLE 8: The "Director" can grant the Building Permit for a project when it has already been authorized by "the Council" of construction, if it fulfills all the requirements of the "Municipal Regulation", the "Law" and has fulfilled the totality of the requirements stipulated in "the Norms".
ARTICLE 9: For the issuance of Building Permits, the interested party will have to provide all the documents that are required within the Regulation of Construction for the Municipality of Puerto Penasco, Sonora (Article 42) and in addition they will have to include plans that correspond to the following points: 1) To indicate the elevations of the main building and the secondary buildings (if there are any) in relation to the levels of the land and of the streets or routes of access. 2) To indicate the location of the house on the property, indicating the measurements of the construction in relation to the property lines. 3) Finished specifications for the type of garages, gardens, fences, type of cistern and other facilities. 4) All the measurements in the plans must be metric, but they may also include English measurements if the owner desires to do so. 5) Letters of feasibility of services of electrical energy and potable water granted by the Federal Commission of Electricity and the Municipal Operating Organism of the Potable Water System, Sewage System and Cleaning, respectively. 6) For properties adjacent to the federal zone, such boundaries must be labeled, elaborated by an authorized person to do so. 7) All plans must be provided in original form plus 2 copies, also the plans must be signed by a Contractor who is registered before the Director. As an option, and in addition to the printed plans, they may be provided in digitized form noting the software program used. 8) All the plans must include the name of the owner and telephone number, and include the same for the contractor.
ARTICLE 10: All projects of new construction, remodelings, extensions, outer work and facilities, must be submitted to inspection of the "Director" and the "Committee", that will be able to accept or to reject the project according to the "Regulation", the "Law" and the "Norms". The applicant will have to present/display before the "Committee", three copies of the project and will have to be approved by the "Committee" before being received by the "Director". The decisions of the "Director" and the "Committee" will be given separately and in writing within 10 working days as of the date the documentation was received.
ARTICLE 11: The authorization of Ground Uses and Building Permits are subject to the report of the "Director," fusions and subdivisions are subject to approval by "SIUE," according to the uses laid out in the Program of Tourist Urban Development of Puerto Penasco, "the Regulation", "the Law" and other provisions and effective regulations in the matter of Urban Development.
IMPROVEMENTS TO THE LAND
ARTlCLE 12: Improvements to the land are understood to mean all activity of construction, leveling, filling, cuts, and the surrounding and storage of construction equipment on any lot in "Playa Encanto." Improvements to any lot of "Playa Encanto" may not begin before obtaining all the authorizations of the "Director" and the "Committee". No owner or contractor may extract sand from the beach, or from other lots or areas without authorization in writing from the owner of the land. Any sand extraction or movement in the areas of federal zone must be authorized by the corresponding governmental agency.
ARTICLE 13: The predominant ground uses in "Playa Encanto" will be for single-family residential units. Multi-family duplexes and triples, or other multi-family units up to three levels, will be permitted only if the Association and the Developer both approve them and they fulfill all requirements of "SIUE".
[Explanatory note: SIUE will not allow more than one residence on a lot unless it is one of the large undivided lots in Playa Encanto. Examples are Lot 10 in Manzana 2, the lots in Manzana 39, or Manzana 42.]
ARTICLE 14: MAXIMUM ALLOWED HEIGHTS OF BUILDINGS.
Definitions: For lots above of the level of the street, the level of the lot will be determined by the average of levels that result when the lot is divided into squares of 5 meters by 5 meters.
Lot for single-level construction: When the lot level is above the street, the peak altitude allowed, from the average level of the lot will be: (14 ') or 4.25 meters with the exception of the Living Room which may be up to (19 ' 6") 6 meters. The height includes the parapet in all cases. When the lot is lower than the street, the peak altitude allowed will be, from the average level of the street: (14 ') or 4.25 meters with the exception of the Living Room where a cupola may be up to (19 ' 6") or 6 meters. The height includes the parapet in all cases.
Lot for two-level construction: When the lot level is above the street, the peak altitude allowed from the average level of the lot will be: (27') 8.2 meters including the parapet. When the lot is lower than the street, the peak altitude will be, from the average level of the street: (27 ') 8.2 meters including the parapet. Ornamental elements such as towers or chimneys may rise an additional (5') 1.5 meters above a ceiling. Note: The peak altitude allowed does not include a cupola in the Living Room, that if constructed may not exceed (8') 2.4 meters wide, and its height may not exceed half its width.
A) LOT FOR A SINGLE LEVEL: The peak altitude allowed from the street level will be (14') or 4.25 meters, with the exception of the Living Room where a cupola may be up to (19 ' 6") or 6 meters.
B) LOT FOR TWO LEVELS: The peak altitude allowed from the street level will be: (27') 8.2 meters including the parapet.
C) LOT FOR THREE LEVELS: The peak altitude allowed from the street level will be (34') 10.30 meters including the parapet
ARTICLE 15: LOTS FOR A SINGLE LEVEL
All the lots that follow are lots where a residence with a single level will be constructed, as detailed in the plan of the E-2 strategy.
MANZANA 45 – ALL BEACHFRONT LOTS
MANZANA 43 – ALL BEACHFRONT LOTS
MANZANA 41 – LOTS 1, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 26
MANZANA 37 – LOTS FROM 1 THROUGH 14
MANZANA 35 – LOTS 1, 9, 10 and 19
MANZANA 34 – LOTS 1, 8, 9 and 16
MANZANA 33 – ALL BEACHFRONT LOTS
MANZANA 31 – LOTS 1 THROUGH 10
MANZANA 29 – LOTS 1 THROUGH 9
MANZANA 22 – LOTS 8 THROUGH 19
MANZANA 23 – LOTS 1 THROUGH 3
MANZANA 26 – LOTS 1 THROUGH 16
MANZANA 5 – LOT 1
MANZANA 7 – LOTS 1 THROUGH 4
MANZANA 16 – LOTS 1 THROUGH 6
MANZANA 17 – ALL BEACHFRONT LOTS
ARTICLE 16: LOTS FOR TWO LEVELS
All the lots that follow are lots where a residence of up to two levels will be
permitted, as detailed in the plan of the E-2 strategy.
MANZANA 45 – LOTS 1 and 2
MANZANA 43 – LOTS THROUGH 9 and LOTS 17 THROUGH 24
MANZANA 42 – ALL THE LOTS
MANZANA 41 – LOTS 2 THROUGH 8 and LOTS 19 THROUGH 25
MANZANA 40 – LOTS 1 THROUGH 12
MANZANA 36 – LOTS 14 THROUGH 28
MANZANA 35 – LOTS 2, 3, 7, 8, 11, 12, 13, 16, 17, 18
MANZANA 34 – LOTS 2, 3, 6, 7, 10, 11, 14, 15
MANZANA 33 – LOTS 2, 3, 7, 20, 24, 25
MANZANA 32 – LOTS 9 THROUGH 16
MANZANA 30 – LOTS 12 THROUGH 17
MANZANA 28 – LOTS 10 THROUGH 19
MANZANA 25 – LOTS 1 THROUGH 24
MANZANA 24 – LOTS 1 THROUGH 18
MANZANA 21 – LOTS 1 THROUGH 24
MANZANA 6 – LOTS 2 THROUGH 4
MANZANA 8 – LOTS 1 THROUGH 10
MANZANA 15 – LOTS 1 THROUGH 21
MANZANA 18 – LOTS 1 THROUGH 6
MANZANA 19 – LOTS 1 THROUGH 13
ARTICLE 17: LOTS OF UP TO THREE LEVELS
All lots in MANZANAS 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 20, 27
MANZANA 28 – LOTS 1 THROUGH 9
MANZANA 30 – LOTS 1 THROUGH 11
MANZANA 33 – LOTS 4, 5, 6, 21, 22 and 23
MANZANA 34 – LOTS 4, 5, 12, 13
MANZANA 35 – LOTS 4, 5, 6, 14, 15
MANZANA 36 – LOTS 1 THROUGH 13
MANZANA 38 – ALL LOTS
MANZANA 39 – ALL LOTS
MANZANA 44 – ALL LOTS
ARTICLE 18: RESTRICTIONS – SETBACKS
The minimum setbacks from the different boundaries of the lots are:
3.00 meters (10’) from the beach.
1.5 meters (5') from adjacent lots.
0.0 meters adjacent to beach accesses.
0.0 meters adjacent to the street.
PERIMETER FENCES – Perimeter fences may not exceed 1.8 meters of height over the average level of the lot. On beachfront lots, fences running from the front of the house to the beach may not exceed 1.00 meter in height. Fences between lots may not exceed 2.00 meters above the average level of the lots. Fences that border the exterior of the development may be 2.5 meters in height for security reasons.
AIR CONDITIONING EQUIPMENT. - Air conditioning equipment, systems of
cooling and the ducts, may not be exposed to direct sight from the street or other lots.
ANTENNAS - No antenna may exceed the maximum building heights, and parabolic ones may not exceed 46 centimeters (18 inches) in diameter.
SIGNS. - The placing of commercial or promotional signs of any type on any lot or roadway is not allowed with the exception of a "For Sale" sign or a Contractor’s Sign, having a maximum size of 60 x 90 centimeters (24 x 36 inches), when a property is for sale. A person will have to be present on the property, or the owner or selling agent and the sign is to be removed every night. Signs of the same type that are placed by the street will have to be removed every night.
OTHER SIGNS OR SIGNALS. No other types of signs or signals may be posted, including signals for direction, outside the ones required by the Association or for traffic safety as required by the municipality. All signs must be maintained in good repair, and signs that do not meet this requirement may be removed by the Association.
LIGHTING. All outdoor lighting must manually controlled. No type of lighting may be left on continuously. Mercury lights or similar lights are not allowed. All outdoor lighting must be
of low intensity with the source of illumination covered and focused downwards. For security purposes, outdoor lighting triggered by motion detectors is recommended.
MATERIALS AND COLORS. The outer finish of all construction must be of flattened mortar. Outside colors must be white or other light colors. The roof tiles must be of reddish dyes. These requirements are applied to the main residence and adjacent structures, including the garage and structures housing electrical meters.
SEPTIC TANKS: The positioning of septic tanks on the beach side of beachfront properties will not be allowed. The septic tanks must be three stages minimum and all the liquids must unload to absorption fields.
VEHICLES. The parking of trailer homes, motor homes, commercial trucks or similar vehicles is not allowed on any street or lot. Every residence must provide parking within the property for four vehicles of normal size. This parking requirement includes the areas provided in garages and/or carports.
WATER TANKS. All water storage tanks must be of prefabricated plastic, fiberglass or other materials that will not leak. The tank must be authorized and installed underground. The maximum capacity recommended for water storage is of 5,800, liters (1,500 gallons) per lot. In the case of potable water service, the installation of pipes for water service must be performed by the OOMAPAS office. No pipe (for potable water service) will exceed 3/4 inch.
WATER FEATURES. The construction of swimming pools is prohibited on all lots. The maximum size for any type of water feature (Jacuzzi, fountains, ponds, etc.) will be 2,000 liters (500 gallons) per lot. A Jacuzzi that uses a filtration system must be covered when not in use.
CLOTHES LINES. No clothes line, laundry or laundry service area may be visible from any road, beach, beach access or ground level of adjacent lots.
RESIDENTIAL USE ONLY. No residence can be used for commercial purposes such as a boarding house, hotel, schools, clinics, laboratories, church, store, etc. No multi-purpose buildings are allowed on any residential lot.
REFLECTIVE FINISHES. No reflective finishes or coverings are allowed on the outer surfaces of buildings. This includes windows, roofs, walls, moldings and walls.
NUISANCES – No plant, device, animal or activity that is injurious, dangerous, noisy or disagreeable is allowed that, by its nature, will diminish or destroy the enjoyment of other Playa Encanto owners. Fireworks, bonfires, and camping are not allowed.
RECREATIONAL VEHICLES. Playa Encanto does not allow the use of vehicles on the beach, vacant lots or other undeveloped areas of the subdivision. All vehicles, including ATVs, must be used only on streets designated for vehicular traffic. All personal ATVs, boats, and personal watercraft must be registered and exhibit a valid Playa Encanto sticker to be allowed within "Playa Encanto". No vehicle will be allowed on the beach, except to launch or retrieve non-commercial boats or other non-commercial watercraft.
MAINTENANCE. If the owner of any lot in Playa Encanto does not maintain his property in clean, orderly and attractive form, the Association reserves the right to correct the situation and to recover the costs from the owner.
ARTICLE l9. REMOVAL OF GARBAGE AND CONSTRUCTION DEBRIS
The owner and the contractor are responsible to clean up all garbage and debris of the construction site at the end of every day. The garbage and debris must be removed from the site at least once each week. During construction, each site will be maintained in a cleaned-up condition and may not be left in an unsightly condition. A container of 2.40 meters by 2.40 meters (8’ by 8’) constructed with wire mesh, chicken wire or wood must be installed to contain the construction debris and it must be emptied every week. Any cost incurred by the Association to clean-up a construction site will be deducted from the cleaning deposit guarantee.
ARTICLE 20. Construction garbage or debris may not be used as fill. Only natural earth materials may be used.
ARTICLE 21. CONSTRUCTION OFFICE AND WAREHOUSES
Any owner or contractor that places a temporary building for materials or temporary office on a construction site, must remove it as soon as the construction is completed.
ARTICLE 22. TOILETS
Each owner or contractor must provide a commercial quality toilet facility for on-site workers. It must be maintained in good sanitary condition and removed immediately upon completion of construction.
ARTICLE 23. RESTORATION OF PROPERTY DAMAGE
Property damage to adjacent lots and bordering parcels will not be tolerated. If damage occurs, it will be the responsibility (and at the cost) of the owner causing the damage to repair or to replace what was damaged, including replacing sand on a lot or on the beach.
ARTICLE 24. DUST AND NOISE
The owner will be the person responsible to control dust and noise that originates on a construction site. The allowable construction work hours will be 7:00 am to 7:00 pm on Monday through Saturday. No noisy construction activity is allowed on Sunday unless there is urgency caused by risk of injury and such work is authorized by the Association.
ARTLCLE 25. ACCESS TO THE BEACH
Each designated beach access must be free of any obstruction, including introduced or transplanted vegetation.
ARTLCLE 26. SIZE OF CONSTRUCTION
All residences in "Playa Encanto", must contain not less than 110.00 square meters (1,200 square feet) of inhabitable area including the outer walls of the house, but not counting areas such as balconies, porches, terraces, vestibules, overhangs, garages, extensions or projections.
ARTLCLE 27. TIME OF CONSTRUCTION.
Once initiated, construction of the outside of the building must be completed within 12 months. Also, the owner must finish the residence within the time limit indicated by the building permit. It is responsibility of the owner to notify the Association when construction is finished. At the completion of construction and before occupying the building, the owner must request from the "Director" a permit to occupy and personnel of that same office will make a final inspection.
ARTICLE 28. WATER AND ELECTRICITY FOR CONSTRUCTION
All the water and electricity for construction are the responsibility of the owner and the contractor.
ARTICLE 29. CONSTRUCTION DEPOSIT
All new construction, as well as remodeling, reconstruction or extensions to an already existing residence will require a construction deposit. This will be a refundable deposit, to serve as a guarantee for cleaning that will be collected by the "Association." After the final inspection and its authorization, the cleaning deposit will be reimbursed.
ARTICLE 30. The Director will deny building permits or other necessary permits in cases where the provisions of this Regulation are not fulfilled, as well as sanctioning with administrative fines of 100 to 350 times the effective minimum wage in this zone to those who do not fulfill the established items in the Regulation. Once construction has begun, in cases of recidivism, the Director will temporarily suspend the construction work until the violation is corrected and the fine is paid.
FIRST ARTICLE. - The present regulation took effect the day following its publication in the Official Bulletin of the State of Sonora.
SECOND ARTICLE. Regulatory and administrative provisions previously set by the City Council, and that differ from this document are voided.
THIRD ARTICLE. The present Regulation will apply to all lots and construction within the area of the Partial Program of Urban Growth "Playa Encanto".
FOURTH ARTICLE. The norms and restrictions here established took effect upon the inscription of the Partial Program of Urban Growth "Playa Encanto" in the Public Registry of Property and Commerce of the District of Puerto Penasco, Sonora.
FIFTH ARTICLE. Modifications and additions to the Regulation will be subject to the approval of the authorities of Municipal Urban Development, the Developer and the Association, which must be approved by the City Council.
1. The Regulation for the "Playa Encanto Tourist Development" will be validated by the City Council of Puerto Penasco by means of the present instrument, for all provisions that are not contrary to other applicable legal provisions.
2. There shall be included in the clauses of each individual bank trust that is issued, confirmation that the buyer has read the Regulation of Construction for the Playa Encanto Tourist Development, promises to comply with it, and acknowledges that if in the judgment of the assembly of the Association, there has been a breach of the Regulation of Construction, the bank trust may be cancelled.
3. Social Coordination. These are the legal instruments such as agreements of cooperation, of technical aid, of administration, administrative contracts of concession, buying and selling, etc., to be completed among the private, social, and public sector.
4. Financial Way. These are the economic instruments that support development activity, be they at public expense, private investment, or contributions of the community, etc.
A. Diverse reasons exist that necessitate regulation of construction in this area. Among them, the most important are the following ones:
- To guarantee the legal security of the property by authorizing construction only for the legitimate owners of property in Playa Encanto.
- To guarantee the physical conditions of stability and quality of construction.
- To contribute to the conservation of the urban image of the zone by preventing or adjusting modifications that could mean damage to it.
- And in particular, the control of construction is indispensable to regulating the urban development of the area and to allow the planning of its services.
Thus, the City Council of Puerto Penasco, by means of its Director of Urban Development, Public Works and Ecology establishes these new procedures for the granting of zoning consistency, alignment and official numbering, as well as of building permits and authorization of occupation and operation.
The procedures have the following purposes:
a. To integrate all the actions and authorizations which depend on the Director of Urban Development, Public Works and Ecology.
b. To permit those interested in construction to carry out any of those procedures in the office of the Director of Urban Development, Public Works and Ecology.
c) To report extensively to interested parties, through official documentation, the application requirements and procedures as well as on the conditions of urban development planning in the local area before incurring unnecessary expenses for the project, offering them consistency in regards to zoning.
d. To reduce substantially the duration of the proceedings, to define in a precise manner the information, norms and criteria that are required.
VI.1. PERMITS AND LICENSES
Next are described the different procedures and the licenses granted by the Urban Director of Development, Public Works and Ecology of the City of Puerto Peñasco, Sonora. He advises and recommends that knowledge of the Regulation of Construction is complementary information to the information that comes next.
1. Consistent Zoning, Alignment and Official Numbering. Consistent zoning is intended to establish, according to the Program of Tourist Urban Development of the Population Center of Puerto Penasco, the uses of the ground, the intensity of uses and the habitat ional density to which a property can be used. Consistent alignment and official numbering indicates the uses and restrictions to which a property can be subject. First, it mentions the space that must be maintained without construction for public works, whereas second it mentions the space whose use is conditional by the agreement of the corresponding tourist development or by specific legal and prescribed provisions. The official number serves like a general reference of the property for all the proceedings related to it and for its location by mail.
2. Special Use Permit. The purpose of this authorization is to allow development of property according to any of the uses permitted in the Urban Program of Development plan. It has similar prior requirements of consistent zoning, alignment and official numbering, and leads to the building permit in cases of permitted uses.
3. Building Permit. Its purpose if to authorize the modification, enlargement or construction of buildings according to the provisions established by the Regulation of Construction of the Municipality of Puerto Peñasco, Sonora to guarantee the quality, security and stability of said construction. When requesting this license, provide the Zoning information, Alignment and Official Number and the Special Use Permit.
4. Authorization of Occupation. Its purpose is to permit the occupation and the use of the buildings upon completion of construction, whenever the construction complies with the conditions and present specifications of the project as approved in the Building Permit.
5. Regularization. This procedure applies to the buildings that have been built outside of the regulations in force. Its purpose is to legitimize the construction by means of any modifications that turn out to be necessary, according to that same regulation.
6. Signage Installation license. Its purpose is to authorize the transitory and permanent installation of signage that conforms to the Regulations of "Playa Encanto", to avoid the proliferation of advertising in a predominantly tourist housing zone and in open spaces, as well as to guarantee the correct installation and stability of the signage.
7. Authorization for Demolition or Restructuring. Its purpose is to permit the demolition of buildings, according to the provisions established by the National Institute of Anthropology and History for the protection of the historic assets, and the Regulation of Construction for the Municipality to guarantee the safety of the workers, neighbors and passers-by during the process of demolition or restructuring.
8. Use Change authorization. The purpose of this authorization is to permit some or all of a property, which has been destined for a certain use, to be converted to a different use. Said authorization is given if it complies with all the current conditions of use of the ground and construction, as if being initially requested. Particularly, the proposed use should conform to the uses identified in the Playa Encanto Partial Program of Urban Growth in the location in question.
9. State Change authorization. Its purpose is to permit a real estate property previously designated for individual use, to be converted to co-ownership or a condominium, where they will govern the conditions of the case.
10. Authorizations for the Construction of Protective Walls and Temporary Structures. The object of this permit is to authorize construction of protective walls of up to 2.50 meters of height, as well as temporary structures designed to protect passers-by and neighboring buildings during the construction of buildings.
VI.2. THE FORMALIZATION of the Playa Encanto Partial Program of Urban Growth is carried out by the following process:
1. The Partial Program of Urban Growth is submitted to revision and approval by the City Council in session City Hall.
2. Submit it to consultation before social groups of the community. (Article 9, fracc. XVII).
3. Adaptation of the Urban Program of Development, if necessary.
1. City Hall takes under revision the Partial Program of Urban Growth.
2. Signing of the amended version by the members of the City Council.
1. The City requests acceptance by the State Government and its consent for publication and inscription in the Public Registry of Property. This will be directed to the Governor of the State based on Article 11 of the Urban Law of Development for the State of Sonora
2. The request will be accompanied by the amended version, properly approved by the City Council.
3. After approval and publication and inscription of the Partial Program of Urban Growth by the Governor of the State, the amended version is published in the Official Bulletin, as well as in 2 newspapers of greatest circulation in the locality.
Inscription of the Partial Program of Urban Growth in section VI, relative to the "Registry of Urban Development Plans and the Public Registry of Property of the jurisdiction of Puerto Peñasco, Sonora.
a. Main Document.
b. Enclosed graphic.
c. Approved City Hall Minutes of the Partial Program of Urban Growth and its regulations of urbanization.
Having the same purpose to accredit that the necessary requirements for the inscription have been filled, the following documents are also enclosed:
d. Amended version of the Main Document.
e. Journalistic Publication of the amended version.
Note: Submit five copies of the written document and graphic. One goes in a volume at the Public Registry at the moment of its inscription, another to the City Hall of Puerto Peñasco, one to the Secretary of Urban Infrastructure and Ecology, one for the Developer and another for the Association (Playa Encanto Neighborhood Civil Association, A.C.)
Cartography and Sources of Information.
• Guides for the interpretation of Cartography "Ortofotografía", INEGI.
• Guides for the interpretation of Cartography "Geology", INEGI.
• Guides for the interpretation of Cartography "Edafología", INEGI.
• Guides for the interpretation of Cartography "Climatology", INEGI.
• Guides for the interpretation of Cartography "Potential Use of the Ground", INEGI.
• Topographical Letter scale 1:250,000, third edition 1996, INEGI.
• Topographical Letter scale 1:50,000, third edition 1996, INEGI.
• Letter "Hydrology of Subterranean Water" scale 1:250,000, first edition 1981, INEGI. • Letter "Hydrology of Superficial Water" scale 1:250,000, first edition 1981, INEGI.
• Letter "Edafológica" scale 1:250,000, first edition 1981, INEGI.
• Letter "Use of Ground and Vegetation" scale 1:250,000, first edition 1981, INEGI.
• Regional Climatic Letter of Effects "MAY - October" scale 1:250,000, first edition 1985, INEGI.
• Regional Climatic Letter of Effects "NOVEMBER-April" scale 1:250,000, first edition 1985, INEGI.
• XII General Census of Population and Dwelling 2000, INEGI.
• Statistical Yearbook of the State of Sonora, edition 2000, INEGI.
• State Plan of Development 1998-2003.
• Municipal Plan of Development of Puerto Peñasco, Sonora 2000-2003.
• Municipal Program of Tourist Urban Development of Puerto Peñasco, Sonora
• Urban Law of Development for the State of Sonora.
APPROVAL OF THE PARTIAL PROGRAM OF URBAN GROWTH OF THE "PLAYA ENCANTO TOURIST SUBDIVISION" IN SESSION OF THE CITY COUNCIL OF THE CITY OF PUERTO PEÑASCO, SONORA ON THE 4th DAY OF THE MONTH OF SEPTEMBER OF 2003.
C. JESUS ANTONIO ORTIZ ARELLANO
C. LAE HECTOR ISRAEL GARCIA ROJAS C. ANA FIGHTS CORTEZ MUNRO
C. DR. JOSE LUIS CONTRERAS VALLEY C. MOISÉS MACIAS RAMÍREZ
C. PROF. GERARDO FIGUEROA ZAZUETA
C. LIC. ELISEO MORAL RODRIGUEZ
CITY ATTORNEY AND PROCSECUTOR
C. LIC. GUILLERMO MUÑOZ FIERRO
SECRETARY OF THE CITY
CITY OF PUERTO PEÑASCO, SONORA
PARTIAL PROGRAM OF URBAN GROWTH
PLAYA ENCANTO TOURIST SUBDIVISION
PLAYA ENCANTO NEIGHBORHOOD CIVIL ASSOCIATION, A. C.
PUERTO PEÑASCO, SONORA SEPTEMBER OF 2003