Asked in Land Use & Zoning and Real Estate Law for Puerto Rico

Q: Can a parking lot for heavy machinery (trucks, diggers, excavators, etc.) be placed in middle of a residential area?

In a barrio that is mainly residential, a contractor has decided to store his equipment in the middle of a residential neighborhood. At the entrance to the barrio, close to the highway that runs past it, he established a parking lot/junk yard that has suddenly run out of space. He bought another piece of property in the middle of the residential community that began as an agricultural venture. But, now, digging up the crops and flattening the area began last week and a few days ago, he started to place vehicles there. Repair work has started and a gasoline (diesel) truck is brought in to fuel the equipment.

The neighborhood is completely residential. We are looking at a drop in property value, an infestation of rats and wild cats (which the other property has), fumes from the constant running of machinery as well as the nose.

Is this allowed?

1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
Answered
  • Real Estate Law Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. You will need to consult with the Municipal Code to verify if there is any regulations on this matter. You can also file a consultation request with the Planning Board and the Permits and Regulations Board (ARPE) to verify if the proyecto has Permits for said use and if it violates zoning laws.

If you need additional information please feel free to contact me directly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.