238079431-comprehensive-zoning-ordinance-for-the-city-of-baguio-2012

ORDINANCE Numbered ______ (Series of 2012)

ADOPTING REVISED COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF BAGUIO AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH. EXPLANATORY NOTE WHEREAS, the implementation of Comprehensive Land Use Plans would require the enactment of regulatory measures to translate its planning goals and objectives into reality. A Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the Comprehensive Land Use Plan; Whereas, the Local Government Code authorizes local government units to enact zoning ordinances subject to and in accordance with existing laws; Whereas, the Housing and Land Use Regulatory Board has rendered the technical assistance which is within their mandate to assist and coordinate the activities of the local government units in the preparation of comprehensive land use and zoning plans: NOW THEREFORE, on motion of --------------- , seconded by --------------BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD (CITY COUNCIL) IN SESSION ASSEMBLED THAT:

ARTICLE I TITLE OF THE ORDINANCE SECTION 1. TITLE OF THE ORDINANCE. This ordinance shall be known as the Comprehensive Zoning Ordinance for the City of Baguio and shall hereinafter be referred to as the “Ordinance”.

ARTICLE II AUTHORITY AND PURPOSE SECTION 2. AUTHORITY. This Ordinance is enacted pursuant to the provisions of the Local Government Code of 1991 (Republic Act No. 7160) Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10 October 1991 authorizing the City through the Sangguniang Panlungsod to adopt its Zoning Ordinance subject to the provisions of existing laws and in conformity with Executive Order No. 72. SECTION 3. PURPOSES. This Ordinance is enacted for the following purposes: 1.

Guide, control, and regulate future growth and development of Baguio City in accordance with its Comprehensive Land Use Plan.

2.

Protect the character and stability of residential, commercial, industrial, institutional, watersheds, open space and other functional areas including heritage buildings/sites within the locality and promote the orderly and beneficial development of the same. VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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3.

Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the locality.

4.

Provide adequate light, air, privacy and convenience to access to property.

5.

Prevent undue concentration of population and congestion of properties.

6.

Regulate the location and use of land and height of buildings in such manner so as to obviate the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares.

7.

Preserve and protect the unique environment, ecosystem and cultural heritage of the city.

8.

Ensure sustainable development.

SECTION 4. ZONING PRINCIPLE. This Comprehensive Zoning Ordinance is based on the approved Comprehensive Land Use Plan of Baguio City prepared by its City Planning and Development Office and adopted by the Sangguniang Panlungsod (City Council).

ARTICLE III DEFINITION OF TERMS The definition of technical terms used in this Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other Implementing Rules and Regulations promulgated by the Housing and Land Use Regulatory Board (HLURB). The words, terms and phrases as used in this Ordinance shall be understood to have the meaning correspondingly indicated in Appendix “A”.

ARTICLE IV ZONE CLASSIFICATIONS SECTION 5. DIVISION INTO ZONES OR DISTRICTS . To effectively carry out the provisions of this Ordinance, the City is hereby divided into the following land use zones: 1. 2. 3. 4. 5. 6. 7. 8. 9.

10. 11. 12. 13. 14.

LOW DENSITY RESIDENTIAL ZONE (R-1) MEDIUM DENSITY RESIDENTIAL ZONE (R-2) HIGH DENSITY RESIDENTIAL ZONE (R-3) LOW DENSITY COMMERCIAL ZONE (C-1) MEDIUM DENSITY COMMERCIAL ZONE (C-2) HIGH DENSITY COMMERCIAL ZONE (C-3) GENERAL INSTITUTIONAL ZONE PARKS AND RECREATION ZONE PLANNED UNIT DEVELOPMENT a. EXPORT PROCESSING ZONE b. SPECIAL ECONOMIC ZONE UTILITIES ZONE CEMETERIES/MEMORIAL PARKS ZONE AIRPORT ZONE FOREST ZONE WATERSHED ZONE VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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15. 16. 17. 18. 19.

PROTECTED FOREST ZONE VACANT FORESTED AREAS (Subject to valid vested rights) ROADS ZONE SLAUGHTERHOUSE ZONE HERITAGE ZONE

SECTION 6. ZONING MAP. There is hereby adopted as an integral part of this Ordinance, an official zoning map, drawn to the scale of 1:50,000 meters, duly prepared by the City Planning and Development Office, wherein the designation, location and boundaries of the districts/zones herein established are shown and indicated. In case of loss, damage, destruction and/or extreme difficulty in the interpretation of the official zoning map, the Sangguniang Panlungsod may, by resolution, adopt a new official zoning map which likewise shall be in accordance with the development plan of the community; provided, that all prior maps or any significant parts thereof left shall be preserved together with all available records pertaining to their adoption and/or amendment.

SECTION 7. ZONE BOUNDARIES. The areas appearing in Appendix “B” hereof constitute the Zoning Districts of the City of Baguio with the specific locations and boundaries of each zone so delineated. The textual description of the zone boundaries shall prevail over that of the Official Zoning Maps. SECTION 8. INTERPRETATION OF ZONE BOUNDARIES . In the interpretation of the zone boundaries fixed for any of the zones shown in the Zoning Map, the following rules shall apply: 1.

Where zone boundaries are so indicated that they approximately follow the center of streets or highways, street lines or highway right-of-way lines shall be construed to be boundaries.

2.

Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be boundaries.

3.

Where zone boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets and highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown in said zoning map.

4.

Where the boundary of a zone follows a stream, lake, or other bodies of water, said boundary lines shall be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated.

5.

Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. Boundaries indicated as parallel to, or extension of indicated features not specifically indicated in the zoning map shall be determined by the scale of the map.

6.

Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be as indicated in the zoning map using the scale appearing on such maps.

7.

Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided by a district boundary line, the lot shall be construed to be within the district where the major portion of the lot is located. In case that the lot is bisected by the boundary line, it shall fall in the district where the principal use falls. VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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8.

Where a district boundary is indicated as one-lot-deep, said depth shall be construed to be average lot depth of the lots involved within each particular city block. Where, however, any lot has a depth greater than said average, the remaining portion of said lot shall be construed as covered by the one-lot deep zoning district if the remaining portion has an area less than fifty percent (50%) of the total area of the entire lot. If the remaining portion has an area equivalent to fifty percent or more of the total area of the lot, then the average lot depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts, as the case may be.

9.

Where a zoning boundary line is indicated in the zoning map, one block deep or a fraction thereof, such boundary line shall be scaled or determined by the Zoning Officer.

ARTICLE V ZONE REGULATIONS SECTION 9. GENERAL PROVISIONS. The following zones shall be principally used as follows: 1.

Low Density Residential Zone (R-1). An R-1 shall be used principally for housing/dwelling purposes so as to maintain the peace and quiet of the area within the zone with a low density of 20 dwelling units and below per hectare.

2.

Medium Density Residential Zone (R-2). An R-2 shall be for housing/dwelling purposes of medium density of 21 to 65 dwelling units per hectare.

3.

High Density Residential Zone (R-3). An R-3 shall be for housing/dwelling purposes of high density of 66 or more dwelling units.

4.

Low Density Commercial Zone (C-1). A C-1 shall principally be for trade, services and business activities ordinarily referred to as the Central Business District (CBD).

5.

Medium Density Commercial Zone (C-2). A C-2 shall be for quasi-trade business activities and service industries performing complementary/supplementary functions to the CBD.

6.

High Density Commercial Zone (C-3). A C-3 shall be for regional shopping centers which are regional in scope or where market activities generate traffic and require utilities and services that extend beyond local boundaries and requires metropolitan level development planning and implementation.

7.

General Institutional Zone (GIZ). GIZ shall principally be for general types of institutional establishments.

8.

Parks and Recreation Zone (PRZ). A PRZ shall be for areas designed for diversion/amusements and for the maintenance of ecological balance of the community.

9.

Water Zone (WZ). The WZ are bodies of water which include rivers, creeks, streams, lakes, water reservoir, etc.

10.

Planned Unit Development Zone (PUDZ). A PUD shall refer to land development scheme where project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building siting, complementarity of building types and land uses, usable open spaces and the preservation of significant natural land features. The Camp John Hay Special Economic Zone and the Baguio Export Processing Zone are included in this zone. VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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11.

Utilities Zone (UZ). This shall be for towers and antennaes, relay stations, public parking spaces/loading and unloading facilities, public garages/facility storages and solid waste disposal.

12.

Cemeteries/Memorial Parks. These shall be for public and private areas for burying the dead.

13.

Airport Zone. This shall be for the Loakan Airport and support facilities.

14.

Forest Zone (FZ). This shall be for areas primarily used for forest purposes. The FZ is further categorized as the Watershed Zone, Protected Forest Zone, and the Open Forest Zone which shall be utilized for tree parks, and soil conservation and related activities depending on soil suitability of specific areas.

15.

Roads Zone. This shall be for the provision of right-of-ways for roads and streets.

16.

Slaughterhouse Zone. This shall be for the city slaughterhouse.

17.

Heritage Zone. This shall include building/s or sites or a cluster of buildings

SECTION 10. PERMITTED USES. The uses indicated below are not exhaustive nor all-inclusive. The Local Zoning Board of Adjustment and Appeals (LZBAA) shall, subject to the requirements of this Section, allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed. Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the area with due regard to the maintenance of the essential qualities of the zone. Specific uses/activities of lesser density within a particular zone (R-1) may be allowed within the zone of higher density (R-2, R-3) but not vice-versa, nor in another zone and its subdivisions except for uses expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and not inter-zonal. The following are permitted in the following zones:

A.

Low Density Residential Zone (R-1) 1. Detached Family Dwelling 2. Semi-detached family dwelling, e.g. duplex, rowhouse 3. Customary uses like: a. servants quarter b. private garage c. guardhouse 4. Home occupation for the practice of one's profession or for engaging in an in-house business such as dressmaking, tailoring, baking, eatery, running a sari-sari store and the like, provided that: a. The number of persons engaged in such business or industry shall not exceed five, inclusive of the owner; b. There shall be no change in the outside appearance of the building or premises; VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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c. No home occupation shall be conducted in any customary accessory uses cited above; d. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and in a place other than in a required front yard; e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses and visual or audible interference in any radio or television receivers or causes fluctuation in line voltage off the premises. 5. Home industry classified as micro small medium enterprises, provided that: a. Such home industry shall not occupy more than thirty percent (30%) of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be hazard/nuisance; b. Allotted capitalization shall not exceed the capitalization as set by the DTI. c. Shall consider same provisions as enumerated in 4 above. 6. Recreational facilities for the exclusive use of the members of the family residing within premises such as: a. swimming pool b. pelota court c. others 7. Religious use 8. Multipurpose/barangay hall 9. Sports club 10. Clinic, nursing and convalescing home, health center 11. Plant nursery 12. Fraternal Clubs and Lodges 13. Internet Shop and computer rental shops except gaming 14. Satellite Market 15. School or company staff housing 16. Churches or similar places of worship/Religious Use 17. Church rectories

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Conditional (R-1): 1. Preparatory schools, provided that they do not exceed three (3) classrooms and shall be located not less than 500 meters from nearest existing school offering similar course and are equipped with adequate parking or as provided in the local zoning ordinance. 2. Boarding houses with no more than eight (8) boarders. 3. Neighborhood convenience stores selling miscellaneous items, provided that such stores shall not exceed 10% of the gross floor area (GFA) of the dwelling unit and provided that no liquor shall be allowed for sale. 4. Processing, refilling and retailing of bottled drinking water provided that clearances from local health department and certification of adequate supply from the water supply concessionaire shall be secured.

B.

Medium Density Residential Zone (R-2) 1. 2. 3. 4. 5. 6. 7. 9. 10. 11. 12.

All uses allowed in R-1 Apartment Boarding Houses Dormitory Transient houses Branch Library and museum Single-attached or duplex or townhouses, each privately owned School dormitories (on campus) Convents and monasteries Military or police barracks/dormitories Pre-schools, elementary and high schools, provided that they do not exceed sixteen (16) classrooms 13. Outpatient clinics, family planning clinics, lying-in clinics, diagnostic clinics, medical and clinical laboratories 14. Steam/ dry cleaning outlets 15. Party needs and accessories (leasing of tables and chairs, etc.)

Conditional (R-2): 1. Ballet, dance and voice studios provided that the classes or instructions are held in soundproofed 2. Offices with no actual display, sale, transfer, or lending of the office commodities in the premises and with subject gross floor area (GFA) not exceeding 30% of the building GFA 3. Apartment hotels/hometels/Transient houses 4. Car barns for not more than three (3) units. 5. LPG retailing with a maximum of twenty (20) units of LPG tanks at any given time 6. Recreational facilities such as resorts, swimming pools, clubhouses and similar uses except carnivals and fairs 7. Bank branches, savings/loans/lending shops. 8. Driving range


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Institutional Support Zone (R-1): 1. All uses allowed in R-1 2. Institutional support uses: a. Bookstore and office supply shop b. Computer/Internet Shop (Maximum of 20 computers) b.1 Bakery and bakeshop b.2 Grocery b.3 Convenience stores c. Restaurant and other eateries d. Boarding houses/apartments e. Computer repair shops

C.

High Density Residential Zone (R-3) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

All uses allowed in R-1 and R-2 Residential Condominium Pension House Vocational School Multiple housing units for lease or still for sale Townhouses, each privately owned Accessorias (shop-houses), rowhouses, townhouses, tenements and apartments Hotels, motels, inns, pension houses and apartels Private or off-campus dormitories Branch library and museum Hometel

Conditional (R-3): 1. All conditional uses in R-1 and R-2 with appropriate regulations

D.

Low Density Commercial Zone (C-1) 1. All uses allowed in R-1, R-2 & R-3 2. Offices like office building and office condominium 3. General Retail Stores and Shops like: a. b. c. d. e. f.

department store bookstore and office supply shop home appliance store car show room photo shop flower shop

4. Food Markets and Shops like: a. bakery and bake shop b. wine store c. grocery VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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d. supermarket 5. Personal Service Shops, like: a. b. c. d. e. f. g. h.

beauty parlor barber shop sauna bath and massage clinic/spa videoke bar/sing along bar dressmaking and tailoring shop disco pub medical clinics

6. Recreational Center/Establishments like: 1. 2. 3. 4. 5. 6.

movie houses/theater play court e.g. tennis court, bowling lane, billiard hall swimming pool day and night club gymnasium other sports and recreational establishment

7. Restaurant and other eateries 8. Short term special education like: a. b. c. d.

dancing schools school for self-defense driving schools speech clinics

9. Storerooms but only as may be necessary for the efficient conduct of the business 10. Commercial condominium (with residential units in upper floors) 11. Commercial housing like: a. b. c. d. e. f. g. h. 12. 13. 14. 15. 16. 17. 18. 19. 20.

hotel apartment apartel boarding house dormitory pension house club house motel

Embassy/consulate Library/museum Gasoline/LPG filling and service stations vocational/technical school convention center and related facilities Call Center (Business Process Outsourcing) messengerial services security agency janitorial service VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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21. 22. 23. 24. 25. 26. 27. 28. 29. 30.

bank and other financial institution including money shop radio and television station pay parking lots/buildings commercial job printing typing and photo engraving services repair of optical instruments & equipments and cameras repair of clocks and watches manufacture of ensignia, badges and similar emblems except metals plant nurseries scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities. 31. Stores for construction supplies and building materials such as electrical and electronics, plumbing supplies, ceramic clay cement and other similar products except CHBs, gravel and sand and other concrete products 32. Lotto terminals, off-fronton, on-line bingo outlets and off-track betting stations 33. Physical fitness gyms/centers

Conditional (C-1): 1. Garage for jeepneys and taxis not greater than six (6) units in number 2. Garage for bus and trucks not greater than three (3) units in number

F.

Medium Density Commercial Zone (C-2) 1. All uses allowed in C-1 2. Repair shops like: a. house appliances b. home furnishing shops 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

transportation terminal/garage with repair machinery display shop/center lumber/hardware manufacture of ice, ice blocks, cubes, tubes, crush except dry ice manufacture of signs and advertising displays chicharon factory machine shop service operations (repairing, rebuilding or customer job orders) biscuit factory doughnut and hopia factory other bakery products not elsewhere classified repacking of food products funeral parlors, mortuaries, and crematory services and memorial chapels parking lots, garage facilities warehouses Wholesale and retail stores Printing & publishing plants and offices Factories and workshops, using less flammable or non-combustible materials Battery shops and repair shops Paint stores without bulk handling Columbarium Telecommunications, media and public information complexes including radio and TV broadcasting studios 24. Cell (mobile) phone antenna (6 meter maximum from roof deck) VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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25. Junk Shops/scrap dealers/motor Vehicle and accessories Repair Shops/Welding shops/Vehicle Tire Shops/ Smoke emission testing centers/Gravel and Sand – There shall be formulated guidelines/restrictions to be approved by the City Mayor for these activities which shall include the required work area for the conduct of the activity, fencing of the lot , disposal of environmentally critical emissions such as the used oil, aircon freon etc.

Conditional (C-2): 1. Institutional uses as colleges and universities, vocational and technical schools, general hospitals and specialized general welfare, charitable and government institutions 2. Hauling services and garage terminals for trucks, tow trucks, and buses not exceeding three (3) units storage facilities in support of commercial establishments 3. Auto sales and rentals, automotive handicraft, accessory and spare parts shops, marine craft, aircraft and sales yards

G.

High Density Commercial Zone (C-3) 1. 2. 3. 4. 5.

All uses allowed in C-1 and C-2 regional shopping centers, e.g. large malls sports stadium or sports complexes Commercial parking lots and garages Other commercial/ business activities not elsewhere classified (n.e.c.)

Accessory (C-3): 1. All uses allowed in R-1, R-2 and R-3 Zones 2. All uses allowed in C-1, C-2 3. All uses allowed in GI Zone

H.

General Institutional Zone (GIZ) 1. Government center to house national, regional or local offices in the area 2. colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of higher learning 3. general hospitals, medical centers, multi-purpose clinics 4. scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical, and biological warfare facilities 5. convention centers and related facilities 6. religious structures, e.g. church, seminary, convents 7. museums 8. embassies/consulate 9. student and government and educational workers housing, e.g. dormitories, boarding house 10. Welfare homes, orphanages, boys and girls town, home for the aged and the like 11. Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed mothers, physically, mentally and emotionally handicapped, exsanitaria inmates; and similar establishments 12. Military camps/reservations/bases and training grounds 13. Penitentiary and correctional Institution


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I.

Parks and Recreation Zone (PRZ) 1. Parks and gardens including botanical garden 2. Resort areas including accessory uses 3. Open air or outdoor sports activities and support facilities including low rise stadia, gyms, amphitheaters and swimming pools 4. Golf courses, ball courts, race tracts, and similar uses 5. Memorial Shrines/monuments, kiosks and other park structures 6. Sports Club 7. underground parking structures and facilities 8. Concert halls and open houses 9. Convention centers

J.

Watershed Zone (WSZ) and Protected Forest Zone (PFZ) 1. No development use or activities shall be allowed to these zones unless consistent with pertinent DENR development regulations. 2. Impounding dams 3. Water tanks 4. Other Government infrastructure development subject to EIA/ECC.

K.

Utilities Zone (UZ) 1. 2. 3. 4. 5. 6.

L.

Towers, subject to approval of Air Transportation Office (ATO) Antennaes, subject to approval of ATO Cell Sites, subject to approval of National Telecommunications Commission (NTC) TV/radio relay stations Public and Private Terminals/Garages/Storages Storage tanks, buildings for storing gasoline, acetylene, LPG, calcium, carbides, oxygen, hydrogen, and the like

Planned Unit Development Zone (PUDZ) Projects/uses indicated in approved Development/land use plans of areas covered by special laws/Proclamations subject to conditions imposed by concerned entities, i.e. Special Economic and Export Processing Zone. For Industrial Projects under Light Industrial Zone (I1) which are classified as NonPollutive/Non-Hazardous: 1. Drying Fish 2. Biscuit Factory - manufacture of biscuits, cookies, crackers and other similar dried bakery products 3. Doughnut and hopia factory 4. Manufacture of macaroni, spaghetti and vermicelli and other noodles 5. Other bakery products not elsewhere classified (n.e.c.) 6. Life belts factory 7. Manufacture of luggage, handbags, wallets and small leather goods 8. Manufacture of miscellaneous products of leather and leather substitute and n.e.c. 9. Manufacture of shoes except rubber, plastic and wood 10. Manufacture of slipper and sandal except rubber and plastic 11. Manufacture of footwear parts except rubber and plastic VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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12. Printing, publishing and allied industries and those n.e.c. 13. Manufacture or assembly of typewriters, cash registers, weighing, duplicating and accounting machines 14. Manufacture or assembly of electronic data processing machinery and accessories 15. Renovation and repair of office machinery 16. Manufacture or assembly of Miscellaneous office machines and those n.e.c. 17. Manufacture of rowboats, bancas, sailboats 18. Manufacture of animal drawn vehicles 19. Manufacture of children vehicles and baby carriages 20. Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc. 21. Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi meter, thermometer, etc. 22. Manufacture or assembly of surgical, medical, dental equipment and medical furniture 23. Quick freezing and cold packaging for fish and other sea foods 24. Quick freezing and cold packaging for fruits and vegetable 25. Popcorn/rice factory 26. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc. 27. Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporters, etc.) 28. Manufacture of photographic equipments and accessories 29. Manufacture or assembly of optical instruments 30. Manufacture of eyeglasses and spectacles 31. Manufacture of optical lenses 32. Manufacture of watches and clocks 33. Manufacture of pianos 34. Manufacture of string instruments 35. Manufacture of wind and percussion instruments 36. Manufacture of assembly of electronic organs 37. Manufacture of sporting gloves and mitts 38. Manufacture of sporting balls (not of rubber or plastic) 39. Manufacture of gym and playground equipment 40. Manufacture of sporting tables (billiards, pingpong, pool) 41. Manufacture of other sporting and athletic goods, n.e.c. 42. Manufacture of toys and dolls except rubber and mold plastic 43. Manufacture of pens, pencils and other office and artist materials 44. Manufacture of umbrella and canes 45. Manufacture of buttons except plastic 46. Manufacture of brooms, brushes and fans 47. Manufacture of needles, pens, fasteners and zippers 48. Manufacture of insignia, badges and similar emblems (except metal) 49. Manufacture of signs and advertising displays 50. Small-scale manufacture of ice cream

M.

Cemeteries/Memorial Parks 1. 2. 3. 4.

memorial chapels crematory services mortuaries/funeral parlors/embalming services Approval of cemeteries/memorial parks shall conform with the HLURB Guidelines and Standards and Sanitation Code. 5. Administration Building for the Cemeteries/Parks.


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N.

Airport Zone (AZ) 1. 2. 3. 4.

O.

helipads, heliports airport terminals and related activities administration building Airport Tower subject to clearance of the Air Transportation Office

Roads Zone (RZ) 1. Parking, subject to conformity of rules and regulations of the owner/administrator of the road, but in no case shall it obstruct flow of vehicular and pedestrian traffic. 2. Public Rest Rooms, subject to conditions as in 1 of RZ 3. Temporary Kiosk/Food Stands, subject to conditions as in 1 of RZ 4. Billboards/Signboards subject to conditions as in 1 of RZ 5. Tree Planting and “Greening” activities subject to conditions as in 1 of RZ

P.

Slaughterhouse Zone 1. 2. 3. 4.

Q.

Vacant Forested Areas (Subject to valid vested rights) 1. 2. 3. 4.

R.

Sale of livestock and chicken Animal Slaughtering Commercial Coral lechon or whole pig roasting

Reforestation projects Orchard Ecological projects Tree Parks

Heritage Sites 1. Buildings and sites of historical value and importance. 2. Monument, structures and natural features that are landmarks and tourist destination of the city.

SECTION 11. Sinkhole areas shall be unbuildable. No structure shall be erected on such identified areas.

SECTION 12. ZONING DISTRICT BOUNDARIES. The zoning district boundaries for the City of Baguio as reflected in the official zoning map are specified in Appendix “B” and described as follows: 1. RESIDENTIAL (R1, R2, R3) 

All remaining properties in the City of Baguio not identified in the land uses below.


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2. COMMERCIAL (C1)                   

Portion of Mines View Park barangay, one lot deep both sides from Good shepherd Compound up to Junction Torres Street Lot deep along Bokawkan Road Market Area including Magsaysay Avenue Session Road; Rizal Monument Barangay; AZCKO Barangay Malcolm Square; Kabayanihan; Kagitingan Barangay Upper and Lower Gen. Luna Road Right side of Bonifacio Street near St. Louis University T. Alonzo; New Lucban Barangay; (portion) Tabora Barangay Lot deep along M. Roxas St., Trancoville Lot deep along Legarda and Kisad Roads excluding Burnham Park side Monticello Hotel at Camp 7 Barangay Along Siapno and Ambuclao Road near Pacdal Circle (Existing Satellite Market) Upper Session Road Military Cut-off Part of Loakan Road (Nevada Square to Forest House) North Drive Portion of Rimando Road from Junction Trancoville to the Hanbi condominium Lot deep along portion of Kias Road Lot deep along portion of Loakan Proper Road

3. COMMERCIAL (C2)        

From Junction Yandoc St. to Naguilian Road up to Junction BMI M. Ponce St., Quezon Hill Proper Barangay One lot deep Dominican Road from Naguilian Road to Lourdes Grotto 50 meters measured from the edge of the road along Trinidad Road Portion of Happy Homes Old Lucban Barangay 50 meters measured from the edge of the road along Marcos Highway (from BGH to Junction Tuba) One lot deep along Kennon Road Camp 7 (near Camp 7 Satellite Market) Kennon Road (Vicinity of Camp 7 lumber & existing furniture shop to Richgate Subdivision)

4. COMMERCIAL (C3) 

Baguio Country Club

5. INSTITUTIONAL        

The Mansion House Compound Baguio City Hall Compound All existing schools, universities and colleges including vocational schools areas All existing government buildings areas All existing churches, seminary, convents, retreat houses areas All other government institutions areas All existing hospitals, health centers areas Former BMI Compound along Naguilian Irisan VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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6. ALL AREAS COVERED BY PRESIDENTIAL PROCLAMATION:            

Buyog Watershed Busol Watershed Forbes Park I, II, III Watershed Lucnab Watershed Camp 8 Watershed Guisad Surong Watershed Crystal Cave Watershed John Hay Special Economic Zone John Hay Protected Forest V.O.A. & Eco-System Research & Development Sector BAI and BPI Reservation All other areas covered by Presidential Proclamation

7. PARKS and GARDENS                       

Burnham Park City Hall Park Park beside Casa Vallejo, Upper Session Road Bayan Park Aguinaldo Bagong Bayan Park Imelda Park Rizal Park Sta. Lucia Golf Course Wright Park Baguio Country Club Golf Course Sunshine Park Baguio Convention Center Park Loakan Road near PEZA Pacdal Circle Park Pacdal Circle along Apostol St. Along Outlook Drive near Mansion House Mines View Park Lioness Park Igorot Garden People’s Park Kennon Zigzag View Panagbenga Park All other reservations, existing & identified parks and gardens at the various barangays

8. PLANNED UNIT DEVELOPMENT ZONE  

Philippine Export Zone Authority Club John Hay Special Economic Zone

9. UTILITIES ZONE 

Part of Mines View Barangay near the boundary of La Trinidad and Itogon Benguet for communication towers VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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  

Existing garbage disposal at Irisan Area located at Sto. Tomas for Engineered Sanitary Landfill Baguio Sewage Treatment Plant area

10. ABATTOIR 

Slaughterhouse Compound

11. AIRPORT 

Loakan Airport

12. CEMETERY SITES        

Existing cemetery along Naguilian Pinsao Cemetery Bakakeng Cemetery Pyramid Memorial Park Everlasting Memorial Park Heaven’s Garden Memorial Park Loakan Cemetery Outlook Drive Barangay (Portion)

13. OPEN AREAS (Subject to valid vested rights)     

Int. Asin Road near boundary of the Municipality of Tuba Along Creek side of Asin Road near boundary of Municipality of Tuba Southern Portion of Camp 7 and Sto. Tomas School Site near boundary of Municipality of Tuba Eastern portion of Happy Hollow & Atok Trail Barangay near boundary of Municipality of Itogon Eastern portion of Outlook Drive Barangay near the boundary of the Municipality of Itogon

14. HERITAGE SITES        

Baguio City Hall area Baguio Cathedral area Mansion House area Diplomat Hotel area Session Road Teachers Camp Lions Head Both sides of Kennon Road from Police Station 8 (Camp 7) to city limit (COMPAC-View Deck-Camp 7)


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ARTICLE VI DISTRICT REGULATIONS SECTION 13. GENERAL DISTRICT REGULATIONS. Unless otherwise herein provided, the following supplementary regulations shall be uniformly observed in the zoning district: a.

No building, structure or land shall be used, or occupied, and no building or structure or part thereof shall hereafter be erected, constructed or reconstructed, moved or structurally altered except in conformity with the provisions of the National Building Code (P.D. 1096), its implementing rules and regulations, and other pertinent laws.

b.

No part of a yard, off-street parking space, loading space, or other open space required of any building shall, for the purpose of complying with this Ordinance, be included as part of the yard, open space, off-street parking or loading space similarly required of any adjacent or neighboring building.

SECTION 14. HEIGHT REGULATIONS.

There shall be an imposed maximum building height per zone. Exempted from the imposition of height regulations in residential zones are the following: towers, church steeples, water tanks and other utilities and such other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. Table 1. Height Regulations. CHARACTER USE OR OCCUPANCY 1.

2.

3. 4. 5. 6.

TYPE OF BUILDING / STRUCTURE

NUMBER OF ALLOWABLE STOREYS / FLOORS ABOVE ESTABLISHED GRADE

 3 storey only with maximum of 2 habitable basements  2 storey only if exceeding 2 habitable basements but not to exceed 3 habitable basements R2  4 storey only with maximum of 2 habitable basements  3 storey if exceeding 2 habitable basements R3  6 storey only with maximum of 2 habitable basements  4 storey if exceeding 2 habitable basements Commercial C1 6 C2 6 C3 6 Industrial Industrial 6 Institutional Institutional 6 Height restriction around The Mansion House is limited to a maximum of 2-storey building (Above 2-Storey, shall secure PSG Clearance) Loop area along Session Road-Harrison Road 8

Residential

R1

MAXIMUM METERS ABOVE ESTABLISHED GRADE 10 7

12 10 18 12 19.5 19.5 19.5 19.5 19.5 6 24


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Figure 1. Two-Storey Height Restriction around the Mansion House VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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Figure 2. Loop Area along Session Road-Harrison Road


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CONDITIONAL: Height within Commercial, Industrial and Institutional areas may be allowed up 12 storeys or 37.5 meters, provided the following are complied: 1. 2. 3.

For lot areas with 1,000 sq.m. & above; To provide open space with an area equivalent to the lot area for development or a ratio of 1:1; and Annotation in the title that the area with technical description specifically for open space shall not be converted into any other use being a compliance for the construction of multi-level building

Table 2. Height Restrictions within Commercial, Industrial and Institutional Areas CHARACTER USE OR OCCUPANCY 1.

Commercial

2. 3.

Industrial Institutional

TYPE OF BUILDING / STRUCTURE

NUMBER OF ALLOWABLE STOREYS / FLOORS ABOVE ESTABLISHED GRADE

C1 C2 C3 Industrial Institutional

12 12 12 12 12

MAXIMUM METERS ABOVE ESTABLISHED GRADE 37.5 37.5 37.5 37.5 37.5

NOTE: A.

The following shall govern in the measurement of the building heights: 1.

Building heights shall be measured from the crown of the road or alley fronting the property.

2.

In cases where the buildable portion of the lot is higher than the road, the building height shall be measured from the established natural grade line.

3.

In cases where the road fronting the property is an upgrade or down grade road, the building height shall be measured from the crown of the road located at the middle of the front width of the building. In cases where the lot is a through lot, the height of the building shall be measured from the road of higher elevation.

4.

B.

The height of the proposed buildings/structures shall also be governed by the following RROWbased limitations: 1.

If only one (1) RROW services a lot and such is only 6.00 to 7.00 meters wide, a BHL of three (3) storeys (or 9.00 meters maximum) shall be observed regardless of use or occupancy, lot size, lot dimensions, lot frontage and like considerations.

2.

If only one (1) RROW services a lot and such is only 4.00 to 5.00 meters wide, a BHL equivalent to 2 Vz storeys (or 7.50 meters maximum) shall be observed regardless of use or occupancy, lot size, lot dimensions, lot frontage and like considerations. If only one (1) RROW services a lot and such is only 3.00 meters wide or less, a BHL equivalent to two (2) storeys (or 6.00 meters maximum shall be observed regardless of use occupancy, lot size, lot dimensions, lot frontage and like considerations.


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SECTION 15. AREA REGULATIONS. Area regulations in all zones shall conform with the minimum requirement of the existing codes such as: 1. 2.

3. 4. 5. 6. 7. 8. 9.

P.D. 957 - the “Subdivision and Condominium Buyers’ Protective Law” and its revised implementing rules and regulations. B.P. 220 – “Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects” and its revised implementing rules and regulations. P.D. 1096 - National Building Code Fire Code of the Philippines Sanitation Code Plumbing Code Structural Code Executive Order No. 648 Other relevant guidelines promulgated by the national agencies concerned

SECTION 16. ROAD SETBACK REGULATIONS. Road setback regulations shall conform to the provisions of the National Building Code and its Implementing Rules and Regulations which is under the supervision of the City Building Official.

SECTION 17. BUFFER REGULATIONS. Buffer and Setback along rivers and creeks shall comply with the provisions of the National Building Code which is under the supervision of the City Building Official.

SECTION 18. ADVERTISING SIGNS/SIGNAGES. No sign or advertisement permit shall be issued unless it conforms with the designated area as well as the standards to be determined by a Committee on Billboards, Signs and Advertisement whose composition shall be determined by the City Mayor.

SECTION 19. TRAFFIC GENERATORS. All traffic generating buildings and structures allowed in any of the districts must provide for adequate parking spaces for their employees, clients and visitors. SECTION 20. PROVISION OF ADEQUATE PARKING SPACES FOR NEW CONSTRUCTIONS AS WELL AS IN THE OPERATION OF BUSINESSES. Parking space requirements shall comply with the provisions of the National Building Code and its Implementing Rules and Regulations which is under the supervision of the City Building Official. For condominiums, subdivisions and memorial parks, they shall be governed by the Implementing Rules and Regulations of P.D. 957, B.P. 220 and E.O. 648. However, residential buildings with lot area of 200 square meters and above shall provide parking space.


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ARTICLE VII MISCELLANEOUS PROVISIONS SECTION 21. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). Notwithstanding the issuance of locational clearance under section 27 of this ordinance, no environmentally critical projects nor projects located in environmentally critical areas shall be commenced, developed or operated unless the requirements of ECC have been complied with. SECTION 22. SUBDIVISION AND CONDOMINIUM PROJECTS . All owners and/or developers of subdivision projects shall in addition to securing a locational clearance under section 25 of this ordinance be required to secure a development permit pursuant to provisions of P.D. 957 and its implementing rules and regulations or B.P. 220 and its implementing rules and regulations. in accordance with the procedures laid down in E.O. 71, series of 1993. all developers of condominium projects shall secure locational clearance with the city government through the zoning officer.

SECTION 23. ENVIRONMENTAL DEVELOPMENT CONTROLS 1. Landscape Regulations a. All new buildings shall include in its design adequate provision for rainwater capture for purposes of flushing, watering of plants and cleaning. b. Housing plots fronting roads are required to plant at least three trees of low height at maturity and the planting of native/ endemic plants to preserve biodiversity in the city c. Owners of buildings along the Central Business District that no longer allows planting of trees along roadsides should be encouraged to green their roof tops to improve air ambient quality in the area. d. Housing plots fronting roads that require fencing must have uniform design and standards that shall be provided by the City Engineering Office. e. Preservation of natural drainage ways and strict enforcement of the easement as provided under the National Building Code shall be strictly followed. f. Public utility companies shall be required to place their wires underground to preserve the natural aesthetics of the City. However, its implementation shall be subject to consultation with utility companies in Baguio City.

2. Heritage a. Grade One Buildings shall be protected by law from demolition or alteration without permission. Action to demolish, alter or rebuild these buildings and all sites, and trees in conservation areas should be notified to the City Council beforehand, which would then have two months to negotiate with owners a mutually acceptable resolution. Failing this, the owner could proceed as he wishes, subject to the provisions of pertinent laws, rules and regulations.

3. Building Character and Architectural Design a. Adopt a green template policy that will integrate energy efficiency in the design of all types of structures within City and provision for rainwater capture. VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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4. Reforestation / Tree Cutting a. Cutting of trees in forest and watershed reservation and parks shall not be allowed save under the provisions of Ordinances Numbered 54-87, 5-90, 301-58, and 44-88. b. No occupancy permit shall be issued unless the owner has planted 10 tree seedlings as provided under Ordinance Numbered 44, series of 1988. c. All public lands should be declared for public purposes and developed as parks, open spaces, rest areas, save from valid vested rights. d. The City through the different barangays shall manage and maintain regenerated and natural forest for slope and soil protection and to increase carbon dioxide (CO2) sequestration to improve air ambient quality in the City.

5. Air Quality a. The City shall promote the use of alternative fuels through partnerships with the transport sector. b. The City shall provide greenbelts to increase CO2 sequestration and protect pedestrians from hazards of vehicle emissions. c. Support the declaration of the BLISTT as an Airshed as well as the policies that will be formulated by the governing board of the BLISTT. d. Rationalize traffic scheme in the City to reduce pollution load at the Central Business District.

6. Land and Building Management a. No Construction of land and building development shall be allowed which will unnecessarily contribute to the flooding of the area or deterioration of its physical environment unless provided with appropriate flood and erosion mitigation, drainage system and other safeguards. b. All construction of buildings having a height exceeding three storey including basement is covered by the scope of Philippine Environmental Impact Statement System, hence, shall secure first an Environmental Compliance Certificate with Environmental Management Bureau of the Department of Environment and Natural Resources (EMB-DENR) prior to the processing of its building permits. c. Maximum excavation Shall not be more than 6meters based on natural contour d. Dormitories/boarding houses shall provide drying area for clothes.

ARTICLE VIII MITIGATING DEVICES SECTION 24. DEVIATION. Exceptions, variances or deviations from the provisions of this Ordinance may be allowed by the Local Zoning Board of Adjustment and Appeals (LZBAA) only when the following terms and conditions are existing as evaluated by the LZBAA:


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1. Variance a. The property is unique and different from other properties in the adjacent locality and because of its uniqueness; the owners cannot obtain a reasonable return on the property. This condition shall include at least 3 of the following provisions.   

Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) WHICH is not self-created. The proposed variance is the minimum deviation necessary to permit reasonable use of the property. The variance will not alter the physical character of the district or zone where the property for which the variance is sought is located, and will not substantially or permanently injure the use of the other properties in the same district or zone.

2. Exceptions a. The exception will not adversely affect the public health, safety and welfare and is in keeping with the general pattern of development in the community. b. The proposed project shall support economic based activities/provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the zone/community. c. The exception will not adversely affect the appropriate use of adjoining property in the same district. d. The exception will not alter the essential character and general purpose of the district where the exception sought is located.

SECTION 25. PROCEDURES FOR GRANTING EXCEPTIONS AND VARIANCES . The procedure for the granting of exception and/or variance is as follows: 1. A written application for an exception or variance SHALL be filed WITH THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS (LZBAA) citing the section of this Ordinance under which the same is sought and stating the ground/s thereof. 2. Upon filing of application a visible project sign,( 4ft x 8ft) (indicating the name and nature of the proposed project) shall be posted at the project site 3. The LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS shall conduct preliminary studies on the application. 4. The proponent shall submit a written affidavit of non-objection of the project by the owners of the properties adjacent to the project shall be filed by the applicant with the LZBAA as part of the requirements to be submitted. 5. In case of objection, the LZBAA shall hold public hearing. 6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. 7. The LZBAA shall render a decision within thirty (30) days from the filing of the application upon completion of all required documents exclusive of the time spent for the public hearing in case of any objection to the granting of exception/variance.


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ARTICLE IX ADMINISTRATION AND ENFORCEMENT SECTION 26. LOCATIONAL CLEARANCE. All owners/developers shall secure Locational Clearance from the Zoning Officer as a pre requisite for the issuance of building permit by the City Building Official. SECTION 27. BUILDING PERMIT. No building permit shall be issued by the City Building Official without a valid locational clearance in accordance with this ordinance. SECTION 28. NON-USER OF LOCATIONAL CLEARANCE. Upon issuance of a locational clearance, the grantee thereof shall have one year within which to commence or undertake the use, activity or development covered by such clearance on his property. Non-use of said clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without applying for a new clearance. SECTION 29. EXISTING NON-CONFORMING USES AND BUILDINGS. The lawful uses of any building, structure or land at the time of adoption or amendment of this Ordinance may be continued, although such uses do not conform with the provisions of this Ordinance, provided: 1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance or moved, in whole or in part, to any other portion of the lot or parcel or land where such nonconforming use exists at the time of adoption of this Ordinance. 2. That no such non-conforming use which has ceased operation for more than one (1) year be again revived as non-conforming use. 3. An idle/vacant structure may not be used for non-conforming activity. 4. That any non-conforming structure, or structures under one ownership which has been damaged may be reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost. That should such non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall be reconstructed except in conformity with the provisions of this Ordinance. 5. That no such non-conforming use may be moved to displace any conforming use. 6. That no such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its nonconformity. 7. That should such structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of the district in which it is moved or relocated. 8. Existing businesses of Junk Shops/motor Vehicle Repair Shops/Vehicle Tire shops/Welding shops/Smoke emission testing centers that cannot comply with the requirements such as provision of work area shall be given one (1) year to relocate from its present location.

SECTION 30. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT . This Ordinance shall be enforced and administered by THE LOCAL CHIEF EXECUTIVE THROUGH the Zoning Officer who shall be designated by the former in accordance with existing rules and regulations on the subject.


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SECTION 31. POWERS AND FUNCTIONS OF A ZONING OFFICER . Pursuant to the provisions of E.O. 72 implementing R.A. 7160 in relation to Sec. 5, Paragraph a and d, and Section 7 of Executive Order No. 648 dated February 1981, the Zoning Officer shall perform the following functions, duties and responsibilities. I. Enforcement A. Act on all applications for locational clearances for all projects. 1. Issuance of Locational Clearance for projects conforming with zoning regulations that are aligned with the Comprehensive Land Use Plan of the city and implement decisions of the Local Zoning Board of Adjustments and Appeals (LZBAA). 2. Recommend to the local zoning board of adjustment and appeals (LZBAA) the grant or denial of applications for variances and exemptions and the issuance of Certificate of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption of the zoning Ordinance, including clearances for repairs/renovations on non-conforming uses consistent with the guidelines thereof. B. Monitor on-going/existing projects within their respective jurisdictions and issue notices of violation and show cause order to owners, developers, or managers of projects that are violative of Zoning Ordinance specifically on the zoning and land use and, if necessary, pursuant to sec. 3 of E.O.72 and Sec. 2 of E.O. 71 refer subsequent action thereon to the HLURB. C. Coordinate with the City Legal Officer for other legal actions/remedies relative to the foregoing. D. Coordinate with appropriate offices within the City Government (Public Order and Safety, Baguio City Police Office) for enforcement of all orders and Processes issued in the implementation of this Ordinance. E. Implement decisions of the Local Zoning Board of Adjustments and Appeals.

II. Planning A. Coordinate with the Regional Office of the HLURB regarding proposed amendments to the zoning ordinances prior to adoption by the Sangguniang Panlungsod.

SECTION 32. ACTION ON COMPLAINTS AND OPPOSITIONS . A complaint for violations of any provision of the zoning ordinance or of any clearance or permits issued pursuant thereto shall be filed with the LZBAA. However, oppositions to application for clearance, variance or exception shall be treated as a complaint and dealt with in accordance with the provision of this section.

SECTION 33. FUNCTIONS AND RESPONSIBILITIES OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS. There is hereby created a local zoning board of adjustment and appeals which shall perform the following functions and responsibilities: VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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A. ACT ON APPLICATIONS OF THE FOLLOWING NATURE: 1. 2. 3. 4.

Variance Exceptions Non-Conforming Uses COMPLAINTS AND OPPOSITION TO APPLICATIONS

B. ACT ON APPEALS ON GRANT OR DENIAL OF LOCATIONAL CLEARANCE BY THE ZONING ADMINISTRATOR/ZONING OFFICER. Decisions of the Local Zoning Board of Adjustment and Appeals shall be appealable to the HLURB within a period of fifteen (15) days upon receipt of decision by the applicant.

SECTION 34. COMPOSITION OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS (LZBAA). 1. 2. 3. 4. 5. 6. 7. 8.

City Mayor as Chairman Sangguniang Panlungsod, Chairperson, Committee on Urban Planning, Lands and Housing City Legal Officer City Treasurer City Engineer City Building Official City Planning & Development Coordinator Two (2) representatives of the private sector, nominated by their respective organizations and confirmed by the City Mayor.

For purposes of policy coordination, said committee shall be attached to the City Development Council.

SECTION 35. INTERIM PROVISION. Until such time that the Local Zoning Board of Adjustment and Appeals (LZBAA) shall have been constituted, the HLURB shall act as the LZBAA. as an appellate Board, the HLURB shall adopt its own rules of procedure to govern the conduct of appeals arising from the administration and enforcement of this Ordinance. SECTION 36. REVIEW OF THE ZONING ORDINANCE. The City Development Council shall create a sub-committee, the Local Zoning Review Committee (LZRC) that shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following reasons/situations: 1. 2. 3. 4.

Change in local government plans Introduction of projects of national significance Petition for rezoning Other reasons which are appropriate for consideration

SECTION 37. COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE (LZRC) . The Local Zoning Review Committee shall be composed of sectoral experts. These are the Local Officials/Civic Leaders responsible for the operation, development and progress of all sectoral undertakings in the locality, e.g.


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1. 2. 3. 4. 5. 6. 7.

City Planning and Development Coordinator City Health Officer President, Association of Barangay Captains City Engineer Community Environment and Natural Resources Officer District School Supervisor Two (2) Private Sector Representatives (Local Chamber of Commerce and Housing Industry)

For purposes of policy and program coordination, the LZRC shall be attached to the City Development Council.

SECTION 38. FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEE. The LOCAL ZONING REVIEW COMMITTEE shall have the following powers and functions:

A.

Review the Zoning Ordinance for the following purposes: 1. Determine amendments or revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan. 2. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of permits given and exceptions and variances granted. 3. Identify provisions of the Ordinance difficult to enforce or are unknowable.

B.

Recommend to the Sangguniang Panlungsod necessary legislative amendments and to the local planning and development office the needed changes in the plan as a result of the review conducted.

C.

Provide information to the HLURB that would be useful in the exercise of its functions. SECTION 39. FEES. Zoning fees to be imposed shall consist of the following:

a. Zoning or Locational Clearance 1. Residential 1.1 Residential Structure single or detached other than apartments/townhouses, dormitories and sub-division/condominium projects, the project cost of which is: (New Schedule + LRF (1% of filing fee but not lower than 10.00) 1. P 100,000 and below - P 100 2. Over P 100,000 - P 100 + 1/10 of 1% of cost in excess of P 100,000 1.2 Apartment 1. Five (5) doors and below - P 500 2. More than five (5) doors - P500 + 1/10 of 1% of cost in excess of P500,000 regardless of the number of doors. 1.3 Dormitories 1. Project Cost of P500,000 and below - P500.00 2. Project Cost over P500,000 - P500 + 1/10 of 1% of cost in excess of P500,000 regardless of the number of rooms. 1.4 Institutional, the project cost of which is: 1. P100,000 and below - P400.00 2. Over P100,000 - P400.00 + 1/10 of 1% of cost in excess of P100,000.00 VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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1.5 Commercial, Industrial, Agro-Industrial, the project cost of which is: 1. P100,000 and below - P1000.00 2. Over P100,000 - P1000.00 + 1/10 of 1% of cost in excess of P100,000 1.6 Special Uses/Special Projects including memorial parks, the project cost of which is: 1. P100,000 and below - P1000.00 2. Over P100,000 - P1000.00 +1/10 of 1% of cost in excess of P100,000 1.7 Expansion/Alteration (affected areas/cost of expansion only) - same as original application 1.8 Temporary Use Permit - P500.00 1.9 Special Uses and Project - P500.00 b. Repair/Renovation/Alteration Permit - 50% of locational clearance fees; Government Projects (25% discount) c. Issuance of certification 1. With or outside areas of priority development - P5.00 2. Clearance of Land Transaction (Sale or Mortgage) -P5.00 d. Complaints or Petitions - P10.00 e. Appeal Filing Fee - P100.00 f.

Town Planning and Zoning Assistance Fee - subject to negotiation

SECTION 40. AMENDMENTS TO THE ZONING ORDINANCE. Changes in the Zoning Ordinance as a result of the review by the Local Zoning Review Committee shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be carried out through a Resolution of three-fourths vote of the Sangguniang Panlungsod. Said amendments shall take effect only after approval and authentication by HLURB. SECTION 41. VIOLATION AND PENALTY. Any person who violates any of the provisions of this Ordinance, shall upon conviction, be punished by a fine not exceeding P5,000.00 or an imprisonment for a period not exceeding one (1) year or both at the discretion of the court. In case of violation by a corporation, partnership or association the penalty shall be imposed upon the erring officers thereof. Owners of existing structures, businesses or buildings that continue to violate or operate in violation of the provisions of this ordinance shall be penalized 100% of the corresponding locational clearance fee every month it continues to exist or operate. SECTION 42. SUPPLETORY EFFECT OF OTHER LAWS AND DECREES . The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letter of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land uses decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of the City.

SECTION 43. SEPARABILITY CLAUSE. Should any section or provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. VOLUME 2 – ZONING ORDINANCE OF BAGUIO CITY (2012-2020)

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SECTION 44. REPEALING CLAUSE. All ordinances, rules or regulations in conflict with the provisions of this Ordinance are hereby repealed, provided that the rights that are vested upon the effectivity of this Ordinance shall not be impaired. SECTION 45. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon approval by the Sangguniang Panlungsod (City Council).

Unanimously passed.


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238079431-comprehensive-zoning-ordinance-for-the-city-of-baguio-2012

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