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  \Huge \ldm{} Building and Zoning Regulations\\
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\section{Introduction}


These Regulations have been approved by the Board of Directors and the
General Assembly of the \acldm{}, including all amendments as of 30
December 2003

On April 22nd 1999, the United State of Mexico, SECRETARIA DE
RELACIONES EXTERIORES, GUADALAJARA REGIONAL OFFICE - PA1.-37364
(Escritura Numero 3486) granted the \acldm{} the right to administer
the whole of the urban development under the terms of the applicable
Law.

The Bylaws of this Association, registered with the State of Jalisco
and the delegated authority of the Municipality of Chapala, make it
mandatory that all members comply with these Regulations promulgated
by the Association, including these Zoning and Building Regulations.

These Regulations are intended to protect the interests of all
property owners and improve the value of their properties by
regulating the use of lands and the character, location and use of
buildings and structures.

The Municipality of Chapala has accepted these Regulations and has
agreed that the Board of Directors of this Association must approve
building plans prior to their submission to the Public Works
Department of Chapala.




\section{General}


Effective February 17th 2001, no building or structure shall hereafter
be erected or altered and the use of any building, structure or lot
shall hereafter not be changed in whole or in part, except in
conformity with the provisions of these Regulations.

The Board of Directors may allow a variance on lots that present
particular problems.

Subject to clauses II-5 and II- 6 below, these Regulations shall not
be applied to prevent the use of any building or structure, existing
at the date of these Regulations, so long as it continues to be used
continuously for the same purpose.

Alterations to non-conforming buildings are permitted to the extent
that these Regulations are not violated and that an official Building
Permit has been obtained.

Property owners are responsible for maintaining their lot, and the
buildings and structures thereon, as well as the curb and sidewalk
along the perimeter of their property, in a clean and good state of
repair to prevent the development of unsightly or hazardous
situations.

Any non-conforming building or structure which is damaged, has become
derelict or is incomplete to the extent of fifty percent (50\%) or
more of its original or intended completed stage or value may, as
determined by the Board of Directors, be removed and not restored or
completed unless restoration or completion is done in compliance with
these Regulations, applicable law, and a permit has been obtained.

Display of signs to advertise or make known the presence of a business
or organisation are prohibited, with the exception of signs indicating
that a property is for sale, and ``NO DUMPING'' on vacant lots.  Signs
shall not exceed 50cm x 70cm, be of good appearance, and be placed
within the lot line of the property.  The Board of Directors is
authorised to remove signs that violate these requirements, at the
owner's expense.

No commercial use of buildings or lots will be permitted






\section{Building Permit}


No construction shall be undertaken without a permit.  Such permit may
be granted by the Chapala Works Department (Obrasa Publicas) after a
construction plan, in accordance with Annex A, has been approved by
the Board of Directors.

Three full sets of plans must be presented to the Board of Directors.
One set will be retained and will be placed on file, the other two
will be returned to the owner for proper authorisation in Chapala.
One set of approved plans must be kept on site and available for
inspection.

Lot and home owners shall sign an agreement, when applying to the
Association for water connection and/or a building permit, in which
they undertake to comply with these Regulations.  At that time, all
Annual Assessments, deposits, connection charges, as well as a surety
deposit shall be paid.






\section{Construction Requirements}


As a general rule, where possible, new construction or alterations, or
new trees, shall not obstruct the view of mountains or the lake from
existing dwellings.

Subject to IV-1, no building or vegetation shall exceed a height of
five (5) metres above the highest point of the lot, including
structures on the roof such as domes, towers, chimneys, skylights,
parapets, miradors, satellite dishes, etc.

Satellite dishes, domes or other obstructions shall be placed so as
not to interfere with a neighbour's view.

No building shall be closer than five (5) metres from any street line.

Adjoining property walls shall not exceed two (2) metres in height.

Street-side and connecting side-walls, for a distance of four (4)
metres from the street-side, must not exceed one (1) metre in height.

The use of barbed wire or farm type fencing will not be permitted
unless it cannot be seen from the street or other residences.

The minimum lot size on which construction is permitted is four
hundred (400) square metres.

Each lot may contain only one single family dwelling, the total
footprint of which does not exceed fifty percent (50\%) of the total
lot size.

Additional structures, such as garages, bodegas, etc., will not exceed
fifteen percent (15\%) of the total lot size.

Every dwelling has to have at least one paved parking area, which may
include a garage. A minimum parking area of 2.96 m wide and 5.5 m long
for a total of 14.3 square metres is required.  As a general rule,
sufficient off-street parking shall be provided in order that
overnight parking on-street is not necessary.  Where on-street parking
creates a hazard or nuisance, the Board of Directors has the authority
to have the vehicle towed away at the owner's expense.

No permission will be given for construction of duplexes, triplexes,
row houses, group housing, multiple family dwellings, or semi-detached
houses. (see Annex B for definitions).

No mobile homes, trailers, motor homes or campers shall be used for
residential or non-residential purposes.

Cars, trailers, mobile homes, campers, etc., left on the street for
extended periods without the approval of the Board of Director, will
be removed at the owner's expense.

The clothes drying yard should be enclosed so that the laundry is not
visible from the street or other residences.

No openings shall be constructed in building walls when such walls are
on the rear or side of the adjoining property line.

Concrete curbs and sidewalks, at least one metre wide shall be
constructed and maintained along any street-line.  Trees and other
plantings that obstruct the use of the sidewalk are prohibited.

Streets shall be cleaned of dust, debris and construction materials
immediately upon completion of construction work, and regularly at all
other times during and following construction.  At no time should the
normal flow of traffic in the street be obstructed.

All construction materials and debris shall be removed from the
subdivision.  Dumping or burning on the construction site or on vacant
lots or streets is prohibited.  If such debris is not removed, the
Board of Directors will arrange to have it removed at the owner's
expense.

\section{Sanitation and Environment}

No permanent building or structure shall erected or used for human
occupancy unless provided with water from the \acldm{} and a septic
system designed and constructed in accordance with the regulations of
the Public Works Department of Chapala.

The Septic Tank System for a two bedroom house must have a minimum
capacity tank of 4,000 litres plus an approved drain field comprising
a minimum length of 40 metres of weeping tiles placed in a 30cm x 30cm
gravel bed, 60cm deep, on a 1\% slope.

If the lot size or conformation do not permit for the Septic Tank
System above, then an approved ``activated sludge'' or other approved
sewage disposal system (ie., similar to that installed in Villa Alta)
must be installed, with a drain that does not terminate on any private
property.

Each water closet shall have a sewer vent from the drain to the roof.
Draining of grey water into street, curb gutters, or onto other
properties is strictly forbidden.

Each construction site shall, during the entire construction period,
be provided with sanitary facilities for the workmen.  Such facility
shall be approved by the Board of Directors and shall be removed from
the site when the construction is completed.

Each construction site shall be furnished with a container for trash
other than debris and construction materials referred to in 4.34,
which must be made available for pick-up on trash collection days.
The owner, or his representative, is responsible for the prompt
removal of all loose trash thrown on or near the site that has not
been placed in a trash can.

Tree trimmings and other scrap vegetation debris must be removed from
the \fracc{} to an approved dump site or, with the prior
approval of the board, burned at an approved site in a manner that
does not create a nuisance or health hazard for other
residents. Dumping or burning on vacant lots, streets or in open
garages is strictly prohibited. The Board of Directors will provide
barrels and sites to be used by \fracc{} gardeners for
composting or burning of street sweepings.

External fires, other than those in barbecues or outdoor fireplaces
(chimeneas), are not permitted without the specific authorisation of
the Board of Directors.  Burning of trash is not permitted under any
circumstance anywhere in the \fracc{}.

The basura bin is for the exclusive use of \ldm{} Active
Member residents.  Household wastes shall be placed in sturdy black
trash bags (not supermarket bags), tied or sealed securely and placed
in the bin.  Please place your trash as far back as possible, and do
not place or dump loose trash in the bin, or permit your domestics to
do so. The garbage pick-up does not include construction materials,
old furniture, branches and other vegetation cuttings.  These
materials should be taken to the Chapala dump.  The garbage bin will
be locked, and all Active Members will be provided with a means of
access.  When Chapala introduces trash recycling, we will follow suit
and provide for separate pick-up of papers, bottles, tins and
plastics, restricting the basura bin to non-recyclable wastes.





\section{Inspection}


The Board of Directors or its representative is hereby authorised to enter
any property under construction (including major renovation), between
the hours of 8 AM and 6 PM, for the purpose of verifying conformity
with the building Permit and carrying out his duties under these
Regulations.






\section{Violations }


Owners found to be in violation of these Regulations will be subject
to penalties as set, from time to time, by the Board of Directors, as
well as to fines and penalties under the Municipal and State Laws of
Jalisco.

Where property owners are in violation of these Zoning and Building
Regulations, the Board of Directors may decide to remedy the situation
at the cost of the property owner, following the expiration of seven
(7) days after presentation of a Notice of Violation.  Collection of
unpaid accounts is subject to the usual interest and other charges or
penalties set by the Board of Directors, and may result in a lien
being registered against the property.

Notwithstanding the foregoing, where a dangerous situation or a public
health hazard exits, the Board of Directors will take such immediate
action as required in its opinion at the cost of the property owner.

In case any building or structure is to be erected, altered,
reconstructed, extended, or part thereof is to be used, or any lot is
to be used, in contravention of any requirement of these Regulations,
such contravention may be restrained, without notice, by action of any
member of the Board of Directors.



\section{Construction Fees and Deposits (Year 2001)}

\begin{tabular}{|l|l|}
  \hline
  New Construction &	Refundable Deposit:      \$12,000  pesos\\
                   &    Water Hook-up Fee:       \$5,000\\
                   & Sewage Assessment           \$5,000\\	
  \hline
  Renovation 	   & Refundable Deposit:      \$5,000 to \$12,000   \\
                   & as determined by the Board of Directors\\
  \hline
\end{tabular}

\Fracc{} Annual dues will commence from the date the building
permit is issued.  Construction deposits and fees are payable upon
receipt of the \Fracc{} building permit.  All new construction
must be completed within two years following the date of issue of the
building permit. If construction has not been completed by this date
the Construction deposit will be forfeited and a penalty of \$1,000
pesos per day will be imposed by the \Fracc{}.  The penalty
continue until a) the work has been completed, or b) the total of the
penalty and the construction deposit equals the fair market value of
the property and structure thereon.  If the latter course is taken the
\Fracc{} will issue a lien to foreclose and the property will
be sold by public auction.  (The owner will have first right of
refusal at the sale.) The order of distribution of proceeds of the
sale be a) the \Fracc{} for penalties and accrued interest and
b) remaining funds to the owner.


Renovations must be completed within six months (or other term as
agreed by the Board of Directors when the permit is issued) following
the date of issue of the renovation permit or the deposit will be
forfeited and a penalty of \$500 pesos per day will be imposed until
the work has been completed.


Construction fees and deposits shall be increased on January 1st of
each year by a factor equal to the annual inflation rate of Mexico.




\section{Construction Hours}


Construction hours for new buildings and major renovations shall be
restricted to between the hour of 8:00 AM to 6:00 PM Monday through
Saturday.  There shall be no construction on Sundays or National
Holidays.




\section{ANNEX - A Building Plans}


All building plans submitted for approval must clearly include the
following:

\begin{enumerate}
\item Orientation and scale
\item Detailed layout of beam placement
\item Plan of front and elevation
\item Plan of location and height of the building and of the lot with
  the adjoining lots and street.
\item Location and height of walls/fences around the lot.
\item Layout of foundation, drainage of black and grey water
\item Sectional view of the plumbing and sewage drainage
\item Sectional view of the foundation construction
\item Sectional view of the septic system
\item Use of the project: residential, workshop, garage, terrace, etc.
\item Address of the project
\item Name and address of licensed architect
\item Name of responsible on-site person
\item Name and contact co-ordinates of the owner.
\end{enumerate}





\section{ANNEX- B Definitions}


Definitions of Dwellings:
\begin{enumerate}
\item Duplex - means the whole of a dwelling house that is divided
  horizontally into two separate family dwelling units.
\item Triplex - means the whole of a dwelling house that is divided
  horizontally into three separate family dwelling units.
\item Row house - means one of a group of three or more attached
  single family dwelling units.
\item Group housing - means pairs or more of semi-detached duplexes
  and/or row houses and/or two or more separate triplexes.
\item Multiple family dwelling - means a dwelling for two or more
  families.
\item Semi-detached - means one of a pair of two attached single
  family dwelling houses.
\end{enumerate}


 
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