The Draft Zoning Ordinance of the City of San Fernando
3 . 3 T H E D RAFT Z ONING O RDINANCE OF THE
C ITY OF S A N F ERNANDO
I NTRODUCTION
Zoning is the division of a community into zones or districts (e.g., commercial, residential, industrial, and institutional, etc.) according to present and potential uses of land to maximize regulate and direct their use and development in accordance with the Comprehensive Land Use Plan of the community. It takes the form of a locally enacted ordinance which embodies, among others, regulations affecting uses allowed or disallowed in each zone or district, conditions for allowing them, and deviations legally allowed from the requirements of the ordinance. Zoning is concerned primarily with the use of land and the control of density of population through imposition of building heights, bulk, open space and density provisions in a given area.
BENEFITS
The benefits attributed to Zoning are: 1. maximum,
optimum
use
of
land
based
on
suitability/capability e.g., use of prime agricultural land for agricultura agriculturall purposes;
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The Draft Zoning Ordinance of the City of San Fernando
2. promotion of public health and safety through compatible arrangement of various land uses e.g., residential
area
should
maintain
considerable
distance from industries; 3. preservation of desirable character and real estate values of the district or zone; and,0 4. promotion of the rational and orderly growth of the community.
L E G A L B ASIS
The power to zone is derived from the police power of the state, which is vested in the legislative body the power to make, ordain and establish reasonable laws, statutes or ordinance, which promote the general welfare. It is specified and defined in a number of laws and directives, namely: 1. 1987 Constitution which provides that: Article III, Section 6. The use of property bears a social function and all economic agents shall contribute to the common good. Individuals and private groups, including corporations,
cooperatives
and
similar
collective
organizations, shall have the right to own, establish and operate economic enterprises subject to the duty of the state to promo promote te distribu distributive tive justice and to intervene when the common good demands.
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The Draft Zoning Ordinance of the City of San Fernando
Article XIII, Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce socia sociall and economic inequali inequalities… ties… to this end, the state shall regulate the acquisition, ownership, use and disposition of property and its increments. 2. Republic Act 7160 or The New Local Government Code of 1991 Section 20 (Reclassification of Lands).
A
city
or
municipality may, through an ordinance passed by the Sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands or provide for the manner of their utilization or disposition in the following cases:
-
when the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture (DA); and,
-
where the land shall have substantially greater economic
value
for
residential,
commercial
or
industrial purposes, as determined by t he Sanggunian concerned, provided that such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance:
-
for
highly
urbanized
and
independent
component compon ent cities = 15 percent;
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The Draft Zoning Ordinance of the City of San Fernando
-
for component cities and first to third class municipalities = ten percent;
-
for fourth to sixth class municipalities = five percent, provided further, that agricultural lands distributed
to
agrarian
reform
beneficiaries
pursuant to RA No. 6657 otherwise known as the Comprehensive Agrarian Reform Law, shall not be affected by the said reclassification and the conversion of such lands into other purposes shall be governed by Section 65 of said Act.
-
the President may, when public interest so requires and such upon recommendation of the National Economic and Development Authority (NEDA), authorize a city or municipality to reclassify lands in excess of the limits set in the next preceding paragraph; and,
-
the Local Government Units shall, in conformity with existing laws, continue to prepare their respective respecti ve comprehensive comprehensive land use plans plans enacted enacted through zoning ordinances, which shall be the primary and dominant bases for the future use of land resources, and the industrial expansion shall be taken into consideration in the preparation of such plans.
Chapter
3,
Article
3,
Section
458.2
(VIII-X). The (VIII-X).
Sangguniang Panlungsod as the legislative body of the city shall… (VII) Adopt a Comprehensive Land Use Plan,
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The Draft Zoning Ordinance of the City of San Fernando
provided, that the formulation, adoption or modification of said plan shall be in coordination with the approved Provincial Comprehensive Land Use Plan; (VIII) Reclassify land within the jurisdiction of the city, subject to the pertinent provisions of this code; (IX) Enact integrated zoning ordinance in consona consonance nce with the approve approved d Comprehensive Land Use Plan, subject to existing laws, rules
and
regulations estab establish lish
fire
limits or
zone,
particularly particular ly in i n populous center and regulate constructi construction, on, repair or modifica modification tion of building within said fire limits or zones in accorda accordance nce with the t he provisions of the t he fire code; and (X) Subject to national law, process and approve subdivision plans for f or residentia residential,l, comm commercial, ercial, or industrial purposes and other development purposes, and to collect processing fees and other other charges, the proceeds of which shall accrue entirely to the city. Provided, however, that where approval of a national agency or office is required, said approval shall not be withheld for more than 30 days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof. 3. Presidential Decree 1396 (Amending PD 933). Creating
the
Ministry
of
Human
Settlements,
Renaming the Human Settlement Commission as the Settlements Regulatory Commission
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The Draft Zoning Ordinance of the City of San Fernando
It is hereby the policy of the government to foster the growth and renewal of our communities, both rural and urban, in an integrativ integrative e manner that promotes optimum land use, adequate shelter, environmental appropriate
protection, technology
utilization and
of
rational
independence among self-reliant communities. 4. Lette Letterr of Instruction No. 729. Municipalities Municipa lities shall submit their land use plans, enforcement system and implementing guidelines, including zoning ordinance to the Ministry of Human Settlements through the HLURB for review and ratification. 5. Section 5, Executive Order 648 Reorganization
of
the
Human
Settlements
Regulatory Commission. The HLURB shall:
-
promulgate zoning and other land use control standards and guideline guidelines, s, which shall govern land use
plans
and
zoning
ordinance
of
local
governments;
- review, evalua evaluate te and approve or disap disapprove prove comprehensive land use development plans and zoning ordinance ordinance of local governments; governments; and, and,
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The Draft Zoning Ordinance of the City of San Fernando
-
issues rules and regulations to enforce the land use policies on human settlements as provided for in various
Presidential
Decrees
and
Letters
of
Instructions, namely:
-
PD No. 399 “Limiting the Use of a Strip on One Thousand Meters of Land Along Any Existing, Proposed or On-going Public Highway or Road, Until the Government Shall Have a Competent Study and Have Formulated a Comprehensive and Integrated Land Use and Development Plan”
-
PD No. 1216
“Defining Open Space in
Residential Subdivision and Amending Section 31 of PD No. 957 Requiring Subdivision Owners to Provide Roads, Alleys, Sidewalks and to Reserve Open for Parks and Recreational Use” Use”
-
PD No. 957 “Regulating the Sale of Subdivision Lots and Condominiums, Providing Penalties for Violators Thereof”
-
PD No. 1344
“Empowering the National
Housing Authority to Issue Writ of Execution in the Enforcement of Its Decisions Under PD 957”
-
PD No. 815 “Amending Section 4 of PD 583583 Prescribing
Penalties
for
the
Unlawful
Ejectment, Exclusion or Removal of TenantFarmers from Their Farm holding”
-
PD No. 933 “Creating the Human Settlements Commission”
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The Draft Zoning Ordinance of the City of San Fernando
-
LOI No. 713 – “Regulating the construction for residential,l, residentia purposes
industrial on
Department
or
non-agricultural non-agricul tural
agricultural of
Human
land
by
the
Settlements
and
Environmental Management”
6. PD 933 and EO 648 as Amended by EO 90. Empowering the HLURB to review and to approve or disapprove land use plans and of cities and municipalities.
The aforesaid laws likewise authorizes the HLURB to prescribe the standards and guidelines governing the preparation of land use plans, to monitor the implementation of such plans and to adjudicate and settle the disputes among LGUs over their land use plans and zoning programs.
7. Executive Order 72
This
provided
for
the
preparation
and
implementation of the Comprehensive Land Use Plan of LGUs pursuant to the Local Government Code of 1991 and other pertinent laws.
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Republic of the Philippines City of San Fernando SANGGUNIANG PANLUNGSOD
Ordinance No._, Series 2016 AN ORDINANCE ADOPTING THE INTEGRATED ZONING REGULATIONS OF THE CITY OF SAN FERNANDO (PAMPANGA) (PAMPANGA) Be it ordained by the Sangguniang Panlungsod Panlungsod of San Fernando: WHEREAS,
Republic Act 7160, otherwise known as the Local Government Code of 1991, provides that Local Government Units shall, in conformity with existing laws, continue to prepare their respective land use plans which shall be the primary and dominant bases for the future use of land resources;
WHEREAS,
the implementati implementation on of Comprehensive Land Use Plan would would require the enactment of regulatory measures to translate its planning goals and objectives into reality;
WHEREAS,
a Zoning Zoning Ordinance Ordinance is one such such regulatory regulatory measure which is an important tool for the implementation of the Comprehensive Land Use Plan; and,
WHEREAS,
the Local Local Government Government Code further provides that the the powers powers and responsibilities for the proper enforcement of the zoning rules and regulations have been devolved upon the local government;
NOW, THEREFORE, the Sangguniang Panlungsod of San Fernando in a session assembled hereby adopts the following Zoning Ordinance:
Article I TITLE OF THE ORDINANCE Section 1. Title. This Ordinance shall be known and cited as “The Integrated Zoning Ordinance of the City of San Fernando” and shall be referred to as the “Ordinance”.. “Ordinance”
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Article II AUTHORITY AND PURPOSE PURPOSE Section 2. Authority. This Ordinance is enacted pursuant to the provisions of Republic Act 7160, particularly particularly Sections 458 a.2 (7-9) (7 -9) and 447 a.2 (7-9) dated 10 October 1991, authorizing the City Government through the Sangguniang Panlungsod to adopt a Zoning Ordinance, subject to the provisions of pertinent and existing laws, and in conformity with Executive Order No. 72. Section 3. Purposes. This Ordinance is enacted for the following purposes: 1. Guide, control control and regulate the future growth growth and development development of the City of San Fernando in accordance with its Compre Comprehensive hensive Development Plan; 2. Define and delineate the the land use for residential, commercial, commercial, industrial, institutional, institutiona l, agricultural, open space and other functional areas within w ithin the locality and promote the orderly and beneficial development development of the same; 3. Promote and protect the environment, health, health, sanitation, safety, safety, peace, comfort, convenience and general welfare of the inhabitants in the locality; 4. Provide adequate natural light and air ventilation, maximum privacy and convenience of access to property; 5. Prevent undue concentration of activities that may collectively cause undue harm to the City’s populace; 6. Regulate the location location and use of buildings buildings and lands lands in such a manner as as to avert the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares; 7. Provide safety from from fire, pollution pollution and other environmental environmental hazards to life life and property; and,
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8. Harmonize pertinent provisions of this Zoning Ordinance with existing and/or relevant core edicts, executive orders, circulars, mandates and development plans. Section 4. General Zoning Principle. This Zoning Ordinance Ordinance is based based on the approved Comprehensive Land Use Plan of the City of San Fernando as per Resolution No. 892 dated June 8, 2007.
Article III DEFINITION OF TERMS Section 5. Definition of Terms. Words and phrases used in this Zoning Ordinance are compiled and defined in Annex A which is an integral part of this Ordinance. The interpretation of technical terms shall carry the same meaning given to them in already approved codes, rules and regulations, such as, but not limited to, the National Building Code, Water Code, Philippine Environmental Code, Code on Sanitation, National Pollution Control Act of 1976, Urban Development and Housing Act of 1992 and other Implementing Rules and Regulations, promulgated by the HLURB.
Article IV ZONE CLASSIFICATIONS Section 6. Division into Zones. To effectively carry out the provisions of this Ordinance, the City is hereby divided into the following major land use zones. 1. Residential Zone 2. Agricultural Zone 3. Commercial Zone 4. Industrial Zone 5. Institutional Zone 6. Agri-Industrial Zone
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7. Protected Zone 8. Overlay Zone Items 1-7 are also referred to as base zones. Section 7. 7. Zoning Maps. Maps. It is hereby hereby adopted as as an integral integral part of of this Ordinance, the Official Zoning Maps for the whole City, duly prepared by the Office of the City Planning and Development Coordinator, wherein the designation, location and boundaries of the districts/zones herein established are shown and indicated. Such Official Zoning Maps shall be signed by the City Mayor and attested by the Secretary of the Sangguniang Panlungsod. In case of loss, damage, destruction and/or extreme difficulty in the interpretation of the Official Zoning Map(s), the Sangguniang Panlungsod may, by Resolution, adopt a new Zoning Map(s) which likewise shall be in accordance with the Comprehensive Land Used Plan of the City; provided that all prior maps or any significant parts hereof shall be preserved together with all the available records pertaining to their adoption and/or amendment. Section 8. Zone Boundaries Boundaries.. The locations and boundaries of the abovementioned zones and sub-zones are hereby identified and specified as shown below:
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Figure 1. Proposed Zoning Map of CSFP 2016-2026
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Section 9. Interpretation of Zone Boundaries. In the interpretation of the boundaries for any of the zones indicated on the Zoning Map, the following rules shall apply: 1. Where zone boundaries are so indicated that they approximately approximately follow the center of streets or highways, the street or highway right-of-way lines, shall be construed to be the boundaries; 2. Where zone boundaries are so indicated that they approximately approximately follow the lot lines, such lot lines shall be construed to be the 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 there from as indicated in the zoning map. If no distance is
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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 approximately approximately a railroad line, such boundary shall be deemed to be the railroad right-of-way; 5. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary line shall be deemed to be at the limit of the political jurisdiction jurisdictio n of the community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines; 6. Where a lot of one ownership, ownership, as of record at the effective effective date of this Ordinan ce, is divided by a zone boundary line, the lot shall be construed to be within the zone where the major portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall in the zone where the principal structure falls; 7. Where zone boundary is indicated indicated as one lot deep, said depth shall be construed to be the 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 provided provided the remaining portion has an area less than 50 percent of the total area of the entire lot. If the remaining portion has an area equivalent to 50 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. In case of any remaining doubt as to the location of any property along zone boundary lines, such property shall be considered as falling within the less restrictive zone; and, 8. Where a zone boundary line line is indicated in the Official Zoning Map, one block deep or a fraction thereof, such boundary line shall be scaled or determined by the Zoning Administrator/Official. Administrator/Official.
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Article V ZONE REGULATIONS Section 10. General Provision. The uses enumerated in the succeeding sections are neither exhaustive nor all-inclusive. The Local Zoning Board of Adjustment and Appeals (LZBAA) shall, subject to the requirements of this Article, allow other uses not enumerated hereunder provided that they are compatible with the cause expressly allowed. Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the locality with due regard to the maintenance of the essential qualities of the zone. Specific uses/activities of lesser density within a particular zone (e.g., low density residential) may be allowed within the zone of higher density (e.g., medium density or high density residential) but not vice versa, nor in another zone and its subdivisions (e.g., central business district, commercial 2), except for uses expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and not inter-zonal. inter-zonal. Section 11. Use Regulations in Residential Zones. 1. Low Density Residential Residential (R-1) - shall be used principally for housing/dwelling purposes so as to maintain the peace and quiet environment of the area within the zone. The following are allowable uses: 1.a. Single detached family dwelling 1.b.Single semi-detached family dwelling 1.c. Double semi-detached family dwelling 1.d. Customary accessory uses like: 1.d.1.Servant’s 1.d.1. Servant’s quarter 1.d.2. Private garage 1.d.3. Guard house 1.d.4. Rest house 1.e. Home occupation for the practice of one’s profession or for engaging in in-house business or industries such as dressmaking, tailoring, baking, running a sari-sari store and the like, provided that: 1.e.1. Not more than two outside or hired employees, helpers or assistants shall be engaged in such home occupation; 1.e.2. The use of the dwelling unit for an item for home occupation shall be clearly incidental and subordinate to its use to
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residential purposes by its occupants and for the conduct of the home occupation, not more than 35 percent of the floor area of the dwelling unit shall be used; 1.e.3. As much as possible there shall be no change in the outside appearance of the building or premises; 1.e.4. No home occupation shall be conducted in any customary accessory uses; 1.e.5. No traffic shall be generated by such home occupation in greater volume that would normally be expected in a residential neighborhood and any need for parking generated by the occupant shall be met off the street and in a place other than in a required front yard; yard; and, 1.e.6. 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 of the lot and visual or audible interference in any radio or television receivers or causes fluctuation in line voltage of the premises. premises. 1.f. Recreational facilities for the exclusive use of the members of the family residing within the premises, such as: 1.f.1 Swimming pool 1.f.2. Mini golf course 1.f.3. Pelota court 1.g. Community facilities such as: a. Chapels and other similar places of worship wo rship b. Barangay halls and other incidental facilities c. Pre-schools, elementary and high schools d. Police/Fire sub-stations e. Clinic, nursing and convalescing health centers f. Community parks and playground g. Radio, TV and other communication facilities provided that their sound maintenance shall be the exclusive responsibility of the applicant and/ or person running them. 1.h. Clubhouse and its incidental facilities 1.i. Refilling stations and minor motor service service shops shops located located along major thoroughfares 1.j Mini-marts 1.k Neighborhood laundry laundry shops and dry-cleaning services subject to the conditions stipulated under item No. 1.e of this section.
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2. Medium Density Residential Residential (R-2) - shall be for housing/dwelli housing/dwelling ng purposes of medium density. The following are the allowable uses: 2.a. All uses allowed in low density residential 2.b. Multi-family dwelling with not more than five families residing 2.c. Apartments of not more than five doors 2.d. Boarding houses accommodating not more than five boarders 2.e. Nurseries and day care centers 2.f. Branch libraries and and museums 2.g. Chapels, churches and other places of worship 2.h. Home occupation as specified in low density residential residential except that not more than five outside or hired helpers, assistants or employees may be employed 2.i. Parks and playgrounds playgrounds for the community 2.j Shuttle bus terminal without incidental incidental repair and maintenance maintenance facilities 2.k Tricycle/Tri-sikad terminals 3. High Density Residential (R-3) - shall be used for dwelling/housing purposes of high density. The following are the allowable uses: 3.a. All uses allowed allowed in low and medium density density residential residential 3.b. Multi-family Multi-family dwelling 3.c. Residential Residential condominiums 3.d. Hotels 3.e. Motels 3.f. Pension houses 3.g. Hometels 3.h. Hotel apartments apartments or apartels apartels 3.i. Apartments 3.j. Boarding houses 3.k. Dormitories 3.l. Elementary schools, high schools, schools, and and vocational vocational schools 3.m. Branch libraries and museums 3.n. Clinics, hospitals, hospitals, nursing or or convalescing homes with not more than 50 bed capacity 3.o. Drugstores 3.p. Home occupation as provided for in low density residential except that not more than eight outside or hired helpers, assistants or employees may be employed 3.q. Club houses and lodges 3.r. Backyard gardens and yards for raising pigs, poultry and other animals and fowls, provided that:
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3.r.1. They are undertaken only for family consumption 3.r.2. No undue noise is created by these pets and fowls 3.r.3. No foul smell is emitted 3.r.4. Other sanitary requirements enforced in the City are complied with 3.s. Parks and playgrounds 3.t. Parking buildings 3.u. Filling and and service stations stations 3.v. Four-storey residential condominium fronting a five meter to six meter road width 4. Socialized Housing – – shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279. The following are the allowable uses: 4.a. Socialized Socialized housing-BP 220 4.b. All uses allowed in low, medium and high density residential 4.c. Relocation projects 5. General Residential Zone- an area within a city/municipality intended principally for dwelling/housing purposes. Typical residential areas in barrios and barangays. 5.a. Single-detached dwelling units 5.b. Semi-detached family dwelling dwelling units, units, e.g. duplex duplex 5.c. Townhouses 5.d. Apartments 5.e. Residential condominium 5. f. PD 957 Subdivisions 5.g. PD 957Condominiums 5.h. Boarding houses 5.i. Dormitories 5.j. Pension houses 5.k. Hotel apartments or apartels 5.l. Hotels 5.m. Museums 5.n. Libraries 5.o. Home occupation for the practice of one’s profession such as offices of physicians, surgeons, dentists, architects, engineers, lawyers, and other professionals or for engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like, provided that:
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The number of persons engaged in such business/industry shall not exceed five (5), inclusive of owner; There shall be no change in the outside appearance of the building premises; That in no case shall more than 20% of the building be used for said home occupation; No home occupation shall be conducted in any customary accessory uses cited above; No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential residential neighborhood nei ghborhood 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 the required front yard; and No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations fluct uations in line voltage off the premises. 5.p. Home Industry classified as cottage industry, provided that: 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 a hazard or nuisance; It shall be classified cl assified as non-pollutive/non-hazardous as provided in this integrated ZO; Allotted capitalization shall not exceed the capitalization capitalization as set by the DTI; and Such shall consider the provisions pertaining to customary accessory uses, traffic and equipment/process under Home Occupation of this section. 5.q. Recreational facilities facilities for the exclusive exclusive use of the members of the family residing within the premises, such as: Swimming pool Tennis courts Basketball courts 5.r. Parks and Open Spaces 5.s. Nursery/Elementary Nursery/El ementary school 5.t. High school 5.u. Vocational school 5.v. Tutorial services
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5.w. Sports club 5.x. Religious Use 5.y. Multi-purpose/Barangay hall 5.z. Clinic, nursing nursing and convalescing convalescing home, health health center 5.aa. Plant nursery 5. ab. Parking buildings (aboveground/underground) (aboveground/underground) 5.ac. Customary accessory accessory uses incidental incidental to any of the principal principal uses provided that such accessory uses shall not include any activity conducted for monetary gain or commercial purposes such as: Servants quarters Private garage Guardhouse Laundries Non-commercial garages Houses for pets such as dogs, birds, rabbits and the like of not more than 4.00 sq. m. in floor area Pump houses Generator houses
Building Regulations • Per the relevant provisions of the NBC, PD 957 and this Ordinance.
Section 12. Use Regulations in Agricultural Zones. 1. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like 2. Growing of diversified diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, etc. 3. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm, monkey raising and the like 4. Customary support facilities such as palay dryers and rice threshers and storage barns and warehouse 5. Ancillary dwelling dwelling units/farmhouses units/farmhouses for tillers tillers and laborers laborers
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6. Agricultural research and experimentation facilities such as breeding stations, fishfarms, nurseries, demonstration farms, etc. 7. Pastural activities activities such as goat goat raising and and cattle fattening fattening 8. Home occupation for the practice of one’s profession or engaging home business such as dressmaking, tailoring, baking, retailing, running sari-sari store and the like, provided that: 8.a. Number of persons engaged in such business/industry business/industry shall not exceed five inclusive of the owner 8.b. There shall be no change in the outside appearance of the building/premises 8.c. No home occupation shall be conducted in any customary accessory uses cited above 8.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 by such home occupation shall be met off the street in a place other than the required front yard 8.e. No equipment or process shall be used in such occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or caused fluctuation in line voltage off the premises 9. Home industry classified classified as cottage industry e.g., mat weaving, pottery making, food preservation, etc. provided that: 9.a. Such home industry shall not occupy more than 30 percent of floor area of the the dwelling unit. There shall shall be no change change or alteration alteration in in the outside appearance of the dwelling unit and shall not be a hazard or nuisance 9.b. Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI) 9.c. It shall consider the same s ame provisions (8.c., 8.d. and 8.e.) as as enumerated under 8. Home Occupation, Section 12, Article V 10. Backyard raising of livestock and fowl, provided that: 10.a. For livestock - a minimum minimu m of ten heads 10.b.For fowl – fowl – a a maximum of five hundred birds
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Section 13. Use Regulations in Industrial Zones. 1. Industrial 1 (I-1) Light Industries Industries – involves – involves non-pollutive/non-hazardous and non-pollutive/hazardous non-pollutive/hazardous manufacturing/processing manufacturing/processing establishments. establishments. 1.a. Non-pollutive/non-hazardous Non-pollutive/non-hazardous:: 1.a.1. Drying fish 1.a.2. Biscuit factory (manufacture of biscuits, cookies, crackers and other similar dried bakery products 1.a.3. Doughnut and hopia factory 1.a.4. Manufacture of macaroni, spaghetti and vermicelli and other noodles 1.a.5. Other bakery products not elsewhere classified classified 1.a.6. Life vests factory 1.a.7. Manufacture of luggage, handbags, wallets and small leather goods 1.a.8. Manufacture of miscellaneous products of leather and leather substitute and not elsewhere classified (nec.) 1.a.9. Manufacture of shoes except rubber, plastic and wood 1.a.10. Manufacture of slipper and sandal except rubber and plastic 1.a.11. Manufacture of footwear parts except rubber and plastic 1.a.12. Printing, publishing and allied industries and nec. 1.a.13. Manufacture or assembly of typewriters, cash registers, weighing, duplicating and accounting machines 1.a.14. Manufacture or assembly of electronic data processing machinery and accessories 1.a.15. Renovation Renovation and repair of office machinery 1.a.16. Manufacture or assembly of miscellaneous office machines and nec. 1.a.17. Manufacture of rowboats, bancas and sailboats 1.a.18. Manufacture of animal drawn vehicles 1.a.19. Manufacture of children vehicles and baby carriages 1.a.20. Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc. 1.a.21. Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi meter, thermometer, etc.
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1.a.22. Manufacture or assembly of surgical, medical, dental equipment and medical furniture 1.a.23. Quick freezing and cold packing for fish and other seafoods, fruits and vegetables 1.a.24. Popcorn/rice factory 1.a.25. Manufacture of medical/surgical supplies e.g., adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc. 1.a.26. Manufacture of orthopedic and prosthetic appliances e.g., abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporter, etc. 1.a.27. Manufacture of photographic photographic equipment and accessories accessories 1.a.28. Manufacture or assembly of optical instruments 1.a.29. Manufacture of eyeglasses, spectacles and optical lenses 1.a.30. Manufacture of watches and clocks 1.a.31. Manufacture of pianos, string instruments, wind and percussion instruments and assembly of electronic organs 1.a.32. Manufacture of sporting gloves and mitts 1.a.33. Manufacture of sporting balls not of rubber or plastic 1.a.34. Manufacture of gym and playground equipment equipment 1.a.35. Manufacture of sporting tables e.g., billiards, pingpong, pool 1.a.36. Manufacture of other sporting and athletic goods nec. 1.a.37. Manufacture of toys and dolls except rubber and mold plastic 1.a.38. Manufacture of pens, pencils and other office and artist materials 1.a.39. Manufacture of umbrella and canes 1.a.40. Manufacture of buttons except plastic 1.a.41. Manufacture of brooms, brushes and fans 1.a.42. Manufacture of needles, pins, fasteners and zippers 1.a.43. Manufacture of insignia, badges and similar emblems except metal 1.a.44. Manufacture of signs and advertising advertising displays except printed 1.a.45. Small-scale manufacture of ice creams 1.b. Non-pollutive/hazardous Non-pollutive/hazardous industries: 1.b.1. Manufacture of house furnishing furnishing
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1.b.2. 1.b.3. 1.b.4. 1.b.5.
Textile bag factories factories Canvass bags and other canvass canvass products factory Jute bag factory factory Manufacture of miscellaneous textile goods, embroideries and weaving apparel 1.b.6. Manufacture of fiber batting, padding and upholstery filling except coir 1.b.7. Men and boys garment garment factory 1.b.8. Women and girls garment garment factory 1.b.9. Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories 1.b.10. Manufacture of raincoats and waterproof outer garments except jackets 1.b.11. Manufacture of miscellaneous wearing apparel except footwear and those nec. 1.b.12. Manufacture of miscellaneous fabricated mill work and those nec. 1.b.13. Manufacture of wooden and cane containers 1.b.14. Sawali, nipa and split cane factory 1.b.15. Manufacture of bamboo, rattan and other cane baskets and wares 1.b.16. Manufacture of cork products 1.b.17. Manufacture of wooden shoes, shoe lace and other similar products 1.b.18. Manufacture of miscellaneous wood products and those nec. 1.b.19. Manufacture of miscellaneous furniture and fixture except primarily of metals and those nec. 1.b.20. Manufacture of paper stationary, envelopes and related articles 1.b.21. Manufacture of dry ice 1.b.22. Repacking of industrial products e.g., paints, varnishes and other related products 2. Industrial 2 (I-2) Medium Industries – – involves pollutive/non-hazardous and pollutive/hazardous manufacturing and processing establishments. 2.a. Pollutive/non-hazardous Pollutive/non-hazardous industries: industries:
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2.a.1. Manufacture and canning of ham, bacon and native native sausage sausage 2.a.2. Poultry processing processing and canning 2.a.3. Large-scale manufacture of ice-cream 2.a.4. Corn/rice mill 2.a.5. Chocolate and cocoa factory 2.a.6. Candy, chewing chewing gum, gum, peanuts and other other nuts nuts factory 2.a.7. Other chocolate and confectionery confectionery products 2.a.8. Manufacturing of flavoring extracts 2.a.9. Manufacture of of food food products products e.g., vinegar, MSG 2.a.10. Manufacture of fish meal 2.a.11. Oyster shell grading 2.a.12. Manufacture of medicinal and pharmaceutical preparations preparations 2.a.13. Manufacture of stationary, art goods, cut stone and marble products 2.a.14. Manufacture of abrasive products 2.a.15. Manufacture of miscellaneous non-metallic mineral products nec. 2.a.16. Manufacture of cutlery, except table flatware 2.a.17. Manufacture of hand tools and general hardware 2.a.18. Manufacture of miscellaneous cutlery hand tools 2.a.19. Manufacture of household metal furniture 2.a.20. Manufacture of office, store and restaurant metal furniture 2.a.21. Manufacture of metal blinds, screens and shades 2.a.22. Manufacture of miscellaneous furniture and fixture primarily of metal nec. 2.a.23. Manufacture of fabricated fabricated structural structural iron and and steel 2.a.24. Manufacture of architectural architectural and ornamental ornamental metal works works 2.a.25. Manufacture of boilers, boilers, tanks and other structural structural sheet metal works 2.a.26. Manufacture of other structural structural products products nec. 2.a.27. Manufacture of metal cans, cans, boxes and and containers containers 2.a.28. Manufacture of stamped coated and engraved metal products 2.a.29. Manufacture of fabricated fabricated wire and and cable cable products 2.a.30. Manufacture of heating, cooking and lighting equipment except electrical 2.a.31. Sheet metal works generally generally manual manual operation operation 2.a.32. Manufacture of other fabricated metal products except machinery and
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equipment nec. 2.a.33. Manufacture or assembly of agricultural machinery and equipment 2.a.34. Native plow and harrow factory 2.a.35. Repair of agricultural agricultural machinery 2.a.36. Manufacture or assembly of service industry machines, elevators and escalators, sewing machines, cooking ranges and water pumps 2.a.37. Refrigeration Refrigeration industry 2.a.38. Manufacture or or assembly of other machinery machinery and equipment except electrical nec. 2.a.39. Manufacture and repair repair of electrical apparatus, cables and and wires 2.a.40. Manufacture of electrical cables and and wires 2.a.41. Manufacture of other electrical industrial machinery and apparatus nec. 2.a.42. Manufacture or assembly assembly of electric electric equipment equipment radio radio and television, tape recorders, stereo 2.a.43. Manufacture Manufact ure or assembly of radio and television transmitting, signaling and detection equipment 2.a.44. Manufacture or assembly of telephone and telegraphic equipment 2.a.45. Manufacture of other electronic equipment equipment and apparatus nec. 2.a.46. Manufacture of industrial and commercial electrical appliances 2.a.47. Manufacture of household cooking, heating and laundry appliances 2.a.48. Manufacture of other electrical appliances nec. 2.a.49. Manufacture of electric lamp fixtures 2.b. Pollutive/hazardous Pollutive/hazardous industries: 2.b.1. Flour and cassava cassava flour mill 2.b.2. Manufacture of coffee 2.b.3. Manufacturing of unprepared animal feeds, other grain milling milling nec. 2.b.4. Production of prepared feeds for animals animals 2.b.5. Cigar and cigarette factory factory
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2.b.6. Curing and re-drying of tobacco leaves leaves 2.b.7. Miscellaneous Miscellaneous processing tobacco leaves nec. 2.b.8. Weaving hemp hemp textile 2.b.9. Jute spinning and weaving weaving 2.b.10.Miscellaneous 2.b.10.Miscellaneous spinning and weaving mills nec. 2.b.11.Hosiery 2.b.11.Hosiery mill 2.b.12.Underwear 2.b.12.Underwear and outwear knitting mills 2.b.13.Fabric 2.b.13.Fabric knitting mills 2.b.14.Miscellaneous 2.b.14.Miscellaneous knitting mills 2.b.15.Manufacture 2.b.15.Manufacture of mats and mattings, carpets and rugs 2.b.16.Manufacture 2.b.16.Manufacture of cordage, rope and twine 2.b.17.Manufacture 2.b.17.Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc. 2.b.18.Manufacture 2.b.18.Manufacture of linoleum and other surfaced coverings 2.b.19.Manufacture of artificial leather, oil cloth and other fabrics except rubberized 2.b.20.Manufacture 2.b.20.Manufacture of coir 2.b.21.Manufacture 2.b.21.Manufacture of miscellaneous textile nec. 2.b.22.Manufacture 2.b.22.Manufacture of rough/unworked rough/unworked lumber 2.b.23.Manufacture 2.b.23.Manufacture of worked lumber 2.b.24.Resaw 2.b.24.Resaw mills 2.b.25.Manufacture 2.b.25.Manufacture of veneer, plywood and hardwood 2.b.26.Manufacture 2.b.26.Manufacture of doors, windows and sashes 2.b.27.Treating 2.b.27.Treating and preserving of wood 2.b.28.Manufacture 2.b.28.Manufacture of charcoal 2.b.29.Manufacture 2.b.29.Manufacture of wood and cane blinds, screens and shades 2.b.30.Manufacture of containers and boxes of paper and paper boards 2.b.31.Manufacture 2.b.31.Manufacture of miscellaneous pulp and paper products nec. 2.b.32.Manufacture of perfumes, cosmetics and other toilet preparations 2.b.33.Manufacture 2.b.33.Manufacture of wax and polishing polishing preparations 2.b.34.Manufacture of candles, inks and miscellaneous chemical products nec. 2.b.35.Tire retreading and rebuilding 2.b.36.Manufacture 2.b.36.Manufacture of rubber shoes and slippers 2.b.37.Manufacture 2.b.37.Manufacture of industrial moulded rubber products 2.b.38.Manufacture 2.b.38.Manufacture of plastic footwear and furniture 2.b.39.Manufacture 2.b.39.Manufacture of other fabricated plastic products nec. 2.b.40.Manufacture 2.b.40.Manufacture of table and kitchen articles
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2.b.41.Manufacture 2.b.41.Manufacture of pottery, china and earthenware nec. 2.b.42.Manufacture 2.b.42.Manufacture of flat glass 2.b.43.Manufacture 2.b.43.Manufacture of glass containers 2.b.44.Manufacture 2.b.44.Manufacture of miscellaneous glass and glass products nec. 2.b.45.Manufacture 2.b.45.Manufacture of clay bricks, clay tiles and hollow block tiles 2.b.46.Manufacture 2.b.46.Manufacture of miscellaneous structural clay products nec. 2.b.47.Manufacture 2.b.47.Manufacture of structural concrete products 2.b.48.Manufacture of engines and turbines except motor vehicles, marine and aircraft 2.b.49.Manufacture 2.b.49.Manufacture of metal cutting, shaving and finishing machinery 2.b.50.Manufacture 2.b.50.Manufacture of wood working machinery 2.b.51.Manufacture, assembly, rebuilding, repairing of food and beverage making machinery 2.b.52.Manufacture, assembly, rebuilding, repairing of textile machinery and equipment 2.b.53.Manufacture, assembly, rebuilding, repairing of paper industry machinery 2.b.54.Manufacture, assembly, rebuilding, repairing of printing machinery and equipment 2.b.55.Manufacture 2.b.55.Manufacture of rice mills 2.b.56.Manufacture 2.b.56.Manufacture of machines for leather and leather products 2.b.57.Manufacture 2.b.57.Manufacture of construction machinery 2.b.58.Manufacture 2.b.58.Manufacture of machines for clay, stove and glass industries 2.b.59.Manufacture, assembly, repair, rebuilding of miscellaneous special industrial machinery and equipment nec. 2.b.60.Manufacture 2.b.60.Manufacture of dry cells, storage battery and other batteries 2.b.61.Boat building and repairing 2.b.62.Ship repairing dockyards, dry dock, shipways 2.b.63.Miscellaneous 2.b.63.Miscellaneous shipbuilding and repairing nec. 2.b.64.Manufacture 2.b.64.Manufacture of locomotive locomotive parts 2.b.65.Manufacture 2.b.65.Manufacture of railroad and street cars 2.b.66.Manufacture 2.b.66.Manufacture or assembly assembly of automobiles, automobiles, cars, jeepneys, utility vehicles, buses, trucks and trailers 2.b.67.Manufacture 2.b.67.Manufacture of wood furniture including upholstered furniture 2.b.68.Manufacture 2.b.68.Manufacture of rattan furniture including upholstery 2.b.69.Manufacture 2.b.69.Manufacture of box beds and mattresses 3. Industrial Industrial 3 (I-3) HEAVY INDUSTRIES - are for for large scale highly pollutive/non-hazardous; highly pollutive/hazardous, highly pollutive/extremely hazardous, non-pollutive/extremely hazardous; and pollutive/extremely p ollutive/extremely
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hazardous manufacturing and processing establishments. Enumerated below are the allowable uses: 1. Meat processing, curing, preserving except processing of ham, bacon, sausage and chicharon 2. Ice cream factories 3. Milk processing plants (e.g., manufacturing filled, reconstituted, recombined, condensed or evaporated milk) 4. Butter and cheese processing plants 5. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream related products) 6. Processing of other dairy products 7. Canning and preserving of fruits and fruit juices 8. Canning and preserving of vegetable and vegetable sauces 9. Canning and preserving of vegetable sauces 10. Miscellaneous canning and preserving of fruits and vegetables 11. Fish canning 12. Patis factories 13. Bagoong factories 14. Processing, preserving and canning of fish and other seafood 15. Manufacture of desiccated coconut 16. Manufacture of starch and its products 17. Manufacture of wines from juices of local fruits 18. Manufacture of malt and malt liquors 19. Manufacture of soft drinks carbonated water 20. Manufacture of instant beverages and syrups 21. Other non-alcoholic beverages 22. Slaughtering, preparation and preservation of meat products 23. Vegetable oil mills, including coconut coco nut oil refineries 24. Manufacture of refined cooking oil and margarine 25. Manufacture of fish, marine and other animal oils 26. Manufacture of vegetable and animal oils and fats 27. Sugar cane milling (centrifugal and refined) 28. Sugar refining 29. Muscovado sugar mills 30. Distilled, rectified and blended liquors 31. Cement factories 32. Cotton textile mills 33. Ramie textile mills 34. Rayon and other man-made fiber textile mills mill s 35. Bleaching and drying mills 36. Manufacture of narrow fabrics
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37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67.
Tanneries and leather finishing plants Pulp mills Paper and paperboard mills Manufacture of fiberboards Manufacture of inorganic salts and compounds Manufacture of soap and cleaning preparations Manufacture of hydraulic cement Manufacture of lime and lime kilns Manufacture of plaster Blast furnaces, steel works and rolling mills Iron and steel foundries Manufacture of smelted and refined nonferrous metals Manufacture of rolled, drawn or astruded nonferrous metals Manufacture of nonferrous foundry products Manufacture of industrial alcohol Other basic industrial chemicals Manufacture of fertilizers Manufacture of pesticides Manufacture of synthetic resins, plastic materials and man-made fibers except glass Petroleum refineries Manufacture of reclaimed, blended and compound petroleum products Manufacture of miscellaneous products of petroleum and coals Manufacture of paints Manufacture of varnishes, shellac and stains Manufacture of paint removers Manufacture of other paint products Manufacture of matches Manufacture of tires and inner tubes Manufacture of processed rubber not in rubber plantation Manufacture of miscellaneous rubber products, Manufacture of compressed and liquified gases
Section 14. Use Regulations in Commercial Zones. 1. Central Business District 1.a. Offices Offices like: 1.a.1. Office buildings 1.a.2. Office condominiums 1.b. Stores and shops like: 1.b.1. Department stores stores
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1.b.2. 1.b.3. 1.b.4. 1.b.5. 1.b.6.
Bookstore and office supply shops Home appliance appliance stores Car shops (display) (display) Photo shops Shopping centers centers
1.c. Food markets and shops like: 1.c.1. Markets 1.c.2. Bakery and bake shops 1.c.3. Wine stores 1.c.4. Groceries 1.c.5. Supermarkets 1.d. Recreational centers like: 1.d.1. Movie houses and and theaters 1.d.2. Pelota courts 1.d.3. Swimming pools 1.d.4. Day and night clubs 1.e. Personal service shops like: 1.e.1. Beauty parlors 1.e.2. Barber shops 1.e.3. Sauna bath and massage clinic clinic 1.e.4. Dressmaking Dressmaking and tailoring shops shops 1.f. Restaurant and other other eateries 1.g. Short term special education like: 1.g.1. Dancing school 1.g.2. School for self-defense self-defense 1.g.3. Driving school 1.g.4. Speech clinics 1.g.5. Review centers 1.h. Storerooms and warehouses, but only as may m ay be necessary for the efficient conduct of the business 1.i. Hospitals, Hospitals, clinics, nursing and convalescing convalescing homes 1.j. Drugstores 1.k. Filing stations 1.l. Service Stations
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2. Commercial 2- a medium to high density commercial area within a city/municipality intended for trade, service and business activities performing complementary/supplementa complementary/supplementary ry functions to the CBD. 2.a. All uses allowed a llowed in CBD 2.b. Repair shops like: 2.b.1. House appliances appliances repair shops 2.b.2. Motor vehicles and accessory accessory repair shops 2.b.3. Home furnishing furnishing shops 2.c. Flower shops 2.d. Embalming Embalming establishments establishments 2.e. Cottage industries 2.f. Manufacturing industries certified as non-pollutive and non-hazardous by the National Pollution Control Commission Commission 2.g. Stockyards Stockyards and slaughterhouses slaughterhouses 2.h. Cold storage and warehouses 2.i. Bus terminals terminals and car barns 2.j. Any uses incidental to any of the above enumerated enumerated uses 2.k. Rice and other grain mills 2.l. Concrete block factories factories 2.m.Lumber yards 2.n. Printing and publishing 3. Commercial 3- A high density commercial area within a city or municipality intended for regional shopping centers such as large malls and other commercial and business activities 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. High rise hotels, sports stadium or sports complexes area also allowed in this zone. 3.a. All uses allowed in C-1 and C-2 Zones 3.b. Regional shopping malls/centers
.
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Section 15. Use Regulations in Institutional Zones. 1. General Institutional Zone - an area within a city/municipality city/munic ipality intended principally for general types of institutional establishments, e.g. government offices, hospitals/ clinics, academic/research and convention centers. 1.a
Government or civic centers to house national, regional or local offices in the area 1.b.Police and fire stations 1.c. Other types of government buildings buildings 1.d. Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of higher learning 1.e. Learning facilities such as training centers, seminar halls and libraries 1.d. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities 1.e. Museums, exhibition halls and art galleries 1.f. Convention center and related facilities 1.g. Civic centers and community centers 1.h. General hospitals, medical centers, specialty hospitals, medical, dental and similar clinics, 1.i Places of worship, such as churches, mosques, temples, shrines, chapels 1.j. Seminaries and convents 1.k. Embassies/consulates Embassies/consulates 1.l. Parking buildings 1.m. Parks, playgrounds, pocket parks, parkways, promenades and playlots 1.n. Customary accessory uses incidental to any of the above uses such as: Staff houses/quarters houses/quarters Offices Eateries/canteens Parking lots/garage facilities Storerooms and warehouses but only as may be necessary for the efficient conduct of the business Pump houses Generator houses
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Building Density and Bulk Regulations • Per the relevant provisions of the NBC and this Ordinance. • The Building Height Limi t is 15 meters above highest grade as provided in the NBC. • Subject to national locational guidelines and standards of concerned agencies. 2. Special Institutional Zone - An area within a city or municipality intended principally for particular types of institutional establishments e.g. welfare homes, orphanages, home for the aged, rehabilitation and training centers, military camps/reservation/bases/training grounds, etc.
Allowable Uses 2.a. Welfare home, orphanages, boys and girls town, nursing homes, homes for the aged and the like 2.b. Rehabilitation and vocational training centers for ex-convicts, drug addicts, unwed mothers, physically, mentally and emotionally handicapped, ex-sanitaria inmates and similar establishments 2.c. Military camps/reservations/bases camps/reservations/bases and training grounds 2.d. Jails, prisons, reformatories and correctional institution institution 2.e. Penitentiaries and correctional institutions institutions 2.f. Leprosaria 2.g. Psychiatric facilities, such as mental hospitals, mental sanitaria/asylums, 2.h. Parks, playgrounds, pocket parks, parkways, promenades and playlots 2.i. Customary accessory accessory uses incidental to any of the above uses such as: Staff houses/quarters houses/quarters Offices Eateries/canteens Parking lots/garage facilities Storerooms and warehouses but only as may be necessary for the efficient conduct of the business Pump houses Generator houses
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Building Density and Bulk Regulations • Per the relevant provisions of the NBC and this Ordinance. • The Building Height Limit is 15 meters above highest grade as provided in the NBC. • Subject to national locational guidelines and standards of concerned agencies Section 16. Use Regulations in Protected Zones. 1. Parks and Open Space - the following uses shall be allowed: 1.a. Parks/garden P arks/gardenss 1.b. Resort areas including accessory uses 1.c. Open air or outdoor sports activities and support facilities, including low rise stadia, gyms, amphitheaters and swimming pools 1.d. Golf courses, ball courts, race tracks and similar uses 1.e. Memorial parks/shrines, monuments, kiosks and other park structures 1.f. Wild life park, botanical and zoological garden 1.g. Theme Theme park 2. Heritage and Historic Historic Preservation Preservation – – these sites shall be protected from any form of desecration and vandalism. Preservation and rehabilitation of the same may be undertaken through the formulation of guidelines which shall focus on adaptive and re-used concepts. 3. River Easement and Salvage Zone – – PD 1067 also known as The Water Code of the Philippines P hilippines,, under Article 51, provides th at “the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, along their margins, are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. Building structures of any kind in this zone are absolutely prohibited, except for bank or shore stabilization structures, fences to set off the easement from private property lines or footpaths and walkways in case such easements are developed into public parks, promenades and the like. Allowable uses uses include linear linear parks, tree tree planting and riverside riverside vegetation. vegetation.
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4. Infrastructure Right of Ways – – It is reiterated that these ROWs, setbacks/easements and even road sidewalks should be protected and must be secured from development to eliminate congestion and ensure public safety. 5. Infrastructure Areas - includes institutional uses e.g., memorial parks, cemeteries, sports and recreational facilities, utilities and transportation. Allowable uses uses are the following: following: 5.a. Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of learning 5.b. General hospitals, medical center and multi-purpose clinics 5.c. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities 5.d. Convention centers and related facilities 5.e. Religious structures e.g., church, seminary, convent 5.f. Museum/public Museum/public libraries, reading centers 5.g. Student housing e.g., dormitories, boarding house 5.h. Cemeteries and similar burial grounds 5.i. Welfare houses, orphanages, boys and girls town, home for the aged and the like 5.j. Rehabilitation and vocational training centers for ex-convicts, drug addicts, unwed mothers, physically, mentally, and emotionally handicapped, ex-sanitarium inmates and similar establishments establishments 5.k. Penitentiary Penitentiary and correctional institutions 5.l. Resorts areas areas including accessory accessory uses 5.m.Fishing 5.m.Fishing parks 5.n. Other uses similar, related or directly incidental to the above uses 5.o. Domestic water supply system installations including tube well drilling fields and storage tanks and reservoirs 5.p. Transportation Transportation terminals 5.q. Radio, television and television transmitter, receiver and repeater facilities 5.r. Electrical power plant, substation, and power distribution lines 5.s. Roads and streets of all types and related fixtures within the legal right of way, including off-street parking facilities and transport terminals 5.t. Telecommunications facilities, provided that an easement of 100 meter radius or equivalent to the height of the tallest tower structure, as the case may be, the transmission towers shall be reserved and
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protected. No residential houses or trees exceeding five meters in height shall be allowed within the easement 5.u. Transmission line of utility companies like the National Power Corporation, provided that an easement of 15-75 meters along or below the high-tension power transmission lines depending on the rated capacity of the line shall be reserved and protected. No residential houses or trees exceeding five meters in height shall be allowed within the easement. 6. Cemetery/Memorial Cemetery/Memorial Park- An area in a city/municipality city/municipality intended for the interment of the dead. Allowable Uses Uses • Memorial Parks • Cemetery • Columbarium Columbarium • Crematorium Crematorium • Ossuary • Customary accessory uses such as crypts, chapels, parks, playgrounds, pocket parks, parkways, promenades, parking, and toilet facilities Building Density and Bulk Regulations • Per the relevant provisions of the NBC and this Ordinance. • The Building Height Limit is 15 meters above highest grade as provided in the NBC. • Subject to HLURB Rules and Regulations for Memorial Parks and Cemeteries and other applicable guidelines/standards of concerned agencies • Subject to national locational guidelines and standards of concerned agencies.
Article VI GENERAL DISTRICT REGULATIONS Section 17. Overlay Zones. A “transparent zone” that is overlain over lain on a basic zone or another overlay zone that provides an additional set (or layer) of regulations. These additional layers of regulations may pertain to additionally
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allowable uses, building density and bulk and building/structure design that are deemed necessary to achieve the objectives for the Overlay Zone (OZ). 1. Flood Overlay zone Allowable uses shall be as provided in the respective Base Zones (BZ), subject to the following additional regulations. Buildings shall be made flood resilient through any or combination of the following means: Raising the lowest floor line at or above the Flood Protection Elevation (FPE) as determined by the DPWH either through fill or by using stilts; Providing roof decks that can be used for evacuation evacuation purposes; Building utility connections such as those for electricity, potable water and sewage shall be located at elevations higher than the FPE; Natural drainage patterns should not be altered; and, Use sustainable urban drainage systems (SUDS) to include rainwater storage tanks, green roofs, etc. that can decrease the flow and make productive use of storm water run-off.
2. Scenic Corridor Overlay Zone – – This overlay zone aims to preserve the view and access to natural and built landscapes for the enjoyment of the general public. Allowable uses shall be as provided in the applicable Base Zones. Landscape materials, particularly continuous hedge planting, should not obstruct views from the road. These shall have maximum heights of 600mm reckoned from the street crown. 3. Heritage Overlay Zone – This overlay zone aims to preserve historic structures/sites structures/sites and facilities; and, to harmonize the design and construction of new ones with these historic structures/sites. For declared heritage houses and structures, allowable uses shall be limited to: Single-detached Single-detached residential structures Museums Shops, offices, restaurants, craftsmen’s workshops and retail outlets (only at the groundfloor) groundfloor)
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Repair and renovation works (to include buildings and landscape) shall ensure that the original architectural designs are maintained. The size and appearance of business and other signs shall blend with the period design of the house or structure
For new constructions, allowable allowable uses shall be as provided in the base R-1 R -1 Zone. Designs, to include buildings and landscapes, shall be made similar to the period designs of the declared houses of ancestry. 4. Ecotourism Overlay Zone – Zone – This This overlay zone aims to ensure that the dual goals of the environmental conservation and tourism economic development development are attained. Allowable uses shall be as provided in the applicable Base Zones. Accommodation Accommodation facilities, boardwalks, dining din ing facilities, dive shops/ diving lessons establishments, water-oriented recreation/ sports-rental equipment shops, tourism-oriented retail shops, and foreign exchange shops/ establishments are allowed. Section 18. Development Development Density. Permitted density shall be based on the zones capacity to support development. 1. Residential Zone 1.a. Low Density Residential – Residential – 20 20 dwelling units and below per hectare 1.b. Medium Density Residential – Residential – 21 21 to 65 dwelling units per hectare 1.c. High Density Residential – Residential – 66 66 or more dwelling units per hectare
2. All Other Zones Zones There are no fixed maximum densities but should be based on the planned absolute level of density that is intended for each zone based on the Comprehensive Land Use Plan. Section 19. Height Regulations. Notwithstanding the Building Height provisions of this ordinance, building heights should also conform to the height restrictions and requirements of the Civil Aviation Authority of the Philippines (CAAP).
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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 CAAP. Section 20. Exemptions from Height Regulation in Low Density Residential and Medium Density Residential. Exempted from the imposition of height regulations in Residential Zones are the following; towers, church steeples, water tanks and other utilities and structures not covered by the height regulations of the National Building Code and/or the ATO. Section 21. Area Area Regulations. Regulations. Area regulations regulations in all zones zones shall conform conform to the minimum requirement of existing codes such as: 1. PD 957 – Subdivision and Condominium Buyers’ Protective Law and its revised implementing rules and regulations 2. BP 220 – – Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects and its revised implementing implementing rules and regulations 3. RA 7279 – 7279 – Urban Urban Development and Housing Act 4. PD 1096 – 1096 – National National Building Code 5. PD 1185 – 1185 – Fire Fire Code 6. PD 856 – 856 – Sanitation Sanitation Code 7. RA 6541 – 6541 – Structural Structural Code 8. BP 344 – 344 – Accessibility Accessibility Law 9. Rules and Regulations – Regulations – HLURB HLURB Town Planning and Zoning Program 10.
CA 141 or Public Land Act – – public land, including foreshore and reclaimed lands
11. PD 705 or Revised Forestry Code – Code – forestlands; forestlands;
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12. PD 1076 or Water Code of the Philippines – – inland and coastal waters, shorelines and riverbank easements 13. RA 6657 or Comprehensive Agrarian Reform Law – agrarian – agrarian reform lands 14. RA 7279 or Urban Development and Housing Act (UDHA) – – socialized housing and settlements settlements development 15. RA 7586 or National Integrated Protected Protected Areas Act – protected – protected areas in both land and seas 16. RA 7942 or Philippine Mining Act – Act – mining mining areas 17. RA 8371 or Indigenous Indigeno us People’s Peo ple’s Rights Act (IPRA) – ancestral – ancestral lands 18. RA 8435 or Agriculture Agriculture and Fisheries Fisheries Modernization Modernization Act (AFMA) (AFMA) – SAFDZs – SAFDZs and prime agricultural lands 19. RA 8550 or Revised Fisheries Code – Code – municipal municipal waters and coastal zones 20. RA 9593 or Philippine Tourism Act – Act – tourism tourism zones and estates 21. RA 9279 or Philippine Climate Climate Change Act, Act, as amended amended 22.
RA 10066 or Philippine Philippine Cultural Heritage Act – – cultural and heritage zones/ areas, and
23. RA 100121 or Disaster Risk Reduction and Management Act – – disasterprone and geo-hazard areas The remaining area or open space should be used as parking space and should be planted with trees/plants for ecological purposes. Section 22. Site Development Standards. The City/Municipality consider it in the public interest that all projects are designed and developed in a safe, efficient, and aesthetically pleasing manner. Site development shall consider the environmental character and limitations of the site and its adjacent properties. All project elements shall be in complete harmony according to a good design principles and the subsequent development must be visually
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pleasing as well as efficiently functioning especially in relation to the adjacent properties and bordering streets. Further, design should consider the following: 1. The height and bulk of buildings and structures shall be so designed that it does not impair the entry of light and ventilation, cause the loss of privacy and/or create nuisances, hazards or inconveniences to adjacent developments. 2. Abutments to adjacent properties shall not be allowed without the neighbor’s prior written consent which shall be required by the Zoning Administrator/ Administrator/ Zoning Officer Officer prior to the the granting of of a Locational Locational Clearance. 3. The capacity of parking areas/ areas/ lots shall be per the the minimum requirements requirements of the National Building Code. These shall be located, developed and landscaped in order to enhance the aesthetic quality of the facility. In no case ca se shall parking areas/ lots encroach into street rights-of-way. 4. Developments, Developments, such such as shopping malls, schools, places of worship, worship, markets, sports stadia and the like, which attract a significant volume of transportation, such as PUVs and, private vehicles shall provide adequate onsite parking for the same. These should also provide vehicular loading and unloading bays so as through street traffic flow will not be impeded. 5. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided to all noise and vibration-producing operations. Noise levels shall be maintained according to levels specified in DENR’s latest guidelines on the Abatement of Noise and Other Forms of Nuisance. 6. Glare and heat heat from any operation or activity shall shall not be radiated, radiated, seen or felt from any point beyond the limits of the property. 7. Fencing along roads roads shall be be see-through. Side and rear fencing between between adjacent lots (not facing a road) may be of opaque construction materials. materials. Section 23. Buffer Regulations. A buffer of four (4) meters (or as declared by LGU) shall be provided along entire boundary length between two or more conflicting zones allocating two meters from each side of the district boundary. Such buffer strip should be open and not encroached upon by any
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building or structure and should be a part of the yard or open space, and provided with vegetation. Section 24. Specific Provisions in the National Building Code. Specific provisions stipulated in the National Building Code (PD 1096) relevant to traffic generators, advertising and business signs, erection or more than one principal structure, dwelling or rear lots, access yard requirements and dwelling groups, which are not in conflict with the provision of the Zoning Ordinance, shall be observed.
Article VII INNOVATIVE TECHNIQUES Section 25. Innovative Techniques or Designs. For projects that promote urban renewal, restoration works or introduces flexibility and creativity of design or plan such as but not limited to historic preservation, planned unit development and similar developments, may be approved by the local government through the office in charge of the city zoning administration.
Article VIII PROJECTS OF NATIONAL SIGNIFICANCE Section 26. Project of National Significance. A project project may may be be declared declared by the NEDA Board as project of national significance pursuant to Section 3 of EO 72. When a project is declared as such, the locational clearance shall be issued by the HLURB.
Article IX TRAFFIC AND UTILITIES IMPACT STUDY REQUIREMENT Section 27. Traffic and Utilities Impact Study Requirement. The owner or developer of a building or a mixed use development that has a total floor area of at least 5,000 square meters shall be required to submit, as part of the application for a building permit, a traffic and utilities impact study that indicates the estimated volume and flow of vehicular traffic into and out of the building or mixed use development, the impact of such vehicular traffic to the immediate vicinity, corresponding traffic management procedures and
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devices and the estimated impact of the building or mixed use development on existing utilities.
Article X LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIO-ECONOMIC AND ENVIRONMENTAL ENVIRONMENTAL SIGNIFICANCE SIGNIFICANCE Section 28. Locational Clearance for Projects of Local Socio-Economic and Environmental Environmental Significance. All projects that fall within the above project classification shall be subjected to proper technical evaluation by all concerned government agencies to include the Barangay Development Council (BDC) and the City Development Council (CDC). Said evaluations shall be reviewed by and appropriate recommendations and actions shall be pursued by the Sangguniang Sangguniang Panlungsod.
Article XI MISCELLANEOUS PROVISIONS Section 29. Environmental Compliance Certificate (ECC). Notwithstanding the issuance of locational clearance, no environmentally critical projects or projects located in environmentally critical areas shall be commenced, developed or operated unless the requirements of ECC have been complied with. Section 30. Subdivision Projects. All owners and/or developers developers of subdivision projects shall, in addition to securing locational clearance, be required to secure a development permit pursuant to the provisions provisions of PD 957 and its implementing rules and regulations or BP 220 and its implementing rules and regulations and in the case of socialized housing projects in accordance with the procedures laid down in EO 71, series of 1993 and RA 7279 and its implementing rules and regulations. Section 31. Performance Standards. All land uses, development, or constructions shall conform to the following standards:
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1. Noise and Vibrations – – all noise and vibration-producing machinery shall be enclosed by a building and shall be provided with effective noiseabsorbing materials, noise silencers and mufflers, an open yard planted with dense trees as buffers. buffers. To minimize vibration, vibration, machinery machinery should be mounted on shock-absorbing mountings, such as cork set on reinforced concrete foundations or a floating isolated foundation set on piles as needed by the machinery. 2. Smoke - any smoke emitted from any source for a period aggregating seven minutes in any given 30 minute time particularly when starting a new fire, shall have a density that shall not be a cause for accidents or shall not pose a threat to the health of the community and the same must register an acceptable and safe rating based on the recommendations of the DENR as concurred by the relevant offices under the local chief executive (i.e., presently set at a density not greater than no. 2 in the Ringlemann Chart or as may be prescribed by an updated rating set by environmental environmental authorities. 3. Dust, Dirt and Fly Ash – – the emission of dust, dirt or fly ash from any source of activity that will pollute the air and render it unclean, destructive, unhealthful or hazardous or cause visibility to be impaired, shall not be permitted. In no case whatsoever whatsoever shall dust, dirt or fly ash be allowed to exceed the minimum rating set by the DENR as concurred by the pertinent offices under the local chief executive. (i.e., presently set at a rating not to exceed 0.30 grams per cubic meter of fuel gas at stack temperature of 60 degrees centigrade so as not to create a haze with opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart or as may be prescribed by an updated rating set by environmental authorities). 4. Odors and Gases - the emission of foul odors and and gases deleterious to public health, health, safety and general general welfare shall not be permitted. permitted. Buildings and activity emitting foul odors and obnoxious gases shall be enclosed by air-tight building provided with air conditioning system, filters, deodorizing and other air cleansing equipment. Foul odors caused by poultry, piggery farms and similar activities will also not be permitted. The proponents of said activities must implement diligent waste management measures.
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5. Glare and Heat - glare and heat from any operation or activity shall not be allowed to radiate, be seen or felt from any point beyond the limits of the property. 6. Industrial Waste – – industrial plant waste shall be disposed of only in a manner that will not create any nuisance or danger to adjoining properties or to the community in general. 7. Sewerage Disposal Disposal - no sewerage dangerous to the public public health, safety and general welfare shall be discharged to any public sewer system, natural waterway waterway or drainage drainage channel. In addition to other requirements, requirements, all sewage shall comply with the pertinent requirements of the Environmental Management Management Bureau (EMB) of the DENR. Section 32. Environmental Impact Assessment/Statement. Assessment/Statement. Major construction, development or activities may be required by the city zoning administration to submit an Initial Environment Examination (IEE) and/or Environment Impact Statement (EIS). If so required, the following shall be submitted by the applicant: 1. Detailed description description of the proposed proposed development, development, action or construction. construction. 2. Detailed description of the physical, biological, social environment environmen t within which the development construction will occur. 3. Detailed description of existing plans which will be affected by the proposed development action. 4. Detailed description of other actions planned, or in the course of realization, which will interact with the proposed action, so as to increase or reduce the environmental environmental impact. 5. Detailed description description of probable probable direct and induced induced impact of the proposed action on the physical biological biological and social environment. 6. Comparison Comparison of impact impact of alternative alternative actions. actions. 7. Special emphasis on adverse effects, long-term effects, resource commitments and cost-benefit analysis.
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Section 33. Pollution Control. For effective pollution control, all manufacturing industries classified as pollutive by the DENR shall provide proper anti-pollutive devices and acquire clearances and certificates from the DENR-EMB. Section 34. Buffer Strip/Easement. Strip/Easement. In the utilization, exploitation, exploitation, development, conservation and protection of water resources, the following setbacks and/or easements along the entire length of banks of rivers, creeks, streams and all waterways shall be observed: 1. Five meters setback along the banks of waterways in urban areas 2. Twenty meters easement for for the same in all all agricultural areas 3. Forty meters meters easement easement for for conservation conservation areas areas 4. Forty meters easement for shores of bodies of water The above setbacks/easements shall be subject for public use such as for recreation, navigation, floatage, fishing salvage, promenading and related lawful activities. The easement shall be measured in accordance with the procedure set forth in the National Building Code of the Philippine P hilippines. s.
MITIGATING DEVICES SECTION 35. TEMPORARY USE PERMIT - When it is impractical to apply the requirements of this ordinance to certain development, the city zoning administration may, on grounds of innovative development techniques, grant a temporary use permit for the purpose subject to the approval of the Sangguniang Panlungsod, provided the following conditions are complied with: 1. That the proposed land area use will not alter the essential character of the zone, especially its population density, number of dwelling units per hectare, and the dominant land use of the zone. 2. That the area subject of application is a consolidated parcel of land at least one (1) hectare.
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3. The preliminary development plan must generally set forth any existing or proposed arrangement of lots, street, access points, buffer strips and rail, water, highway or other transportation arrangement and the relationship of the tract of land involved to surrounding properties. 4. That the final development plan must in addition to the above cited requirements describe the noise, smoke odor, vibration, dust, dirt, noxious gases, glare and heat, fire hazards, industrial waste and traffic which may be produced by the development. 5. The final development plan must be submitted to the City Development Council for review and recommendation, and to the Sangguniang Panlungsod Panlungsod prior to the approval of the City Executive. 6. The temporary use permit shall be valid for a maximum of 5 years, subject to the clearance requirements under Article IX of this ordinance. 7. Upon expiration of the temporary use permit, the said permit shall be deemed automatically revoked and renders the owner to cease to operate. Any expense for the transfer/relocation transfer/relocation of such project to another site shall be at the account of the owner/operator. 8. Development for the intended use of the zone within a 50-meter radius from the project line is not evident at the time of the application of the proponent or not programmed for the next 5 years. SECTION 36. DEVIATION - Exceptions and variances or deviations from the provision of the ordinance may be allowed by the city zoning administration only when the following terms and conditions are existing, subject to the clearances requirements under Article IX of this ordinance and approval by the Sangguniang Panlungsod. P anlungsod. 1. Variances: a. The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owner/s 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.) and is not selfcreated. - The proposed variance is the minimum deviation necessary to permit a reasonable use of the property.
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- 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 other property in same district. - That variance will not weaken the general purpose of the ordinance and will not adversely affect the public health, safety or welfare. - The variance, if granted, will still be in harmony with the spirit of this ordinance. 2. Exceptions: a. The exceptions will not adversely affect the environment, public health, safety and welfare and is 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 adjoining property in the same district. d. The exception will not alter the essential delineation of the zone where the exception sought is located and will be in harmony with the general purpose of the ordinance. SECTION 37. PROCEDURE FOR GRANTING EXEMPTIONS AND VARIANCES - The procedure procedure for the granting of an exception and/or variance variance is as follows: 1. A written application for an exception or variance is undertaken citing the section of this ordinance under which the same is sought and stating the ground/s or justifications thereof. 2. Upon filing of the application, a visible project sign, (indicating name and nature of the proposed project) shall be posted at the project site. 3. The city zoning administration shall conduct preliminary studies on the application.
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4. A written affidavit of non-objection to the project by the owner of the properties adjacent to the project shall be filed by the applicant at least fifteen (15) days prior to the decision for exception/variance. exception/variance. 5. In case of objection, the city zoning administration shall hold public hearing. 6. At the hearing, any party may appear in person, or be represented by agents. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. 7. The local chief executive through the city zoning administration and the city development council shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavits of non-objection and/or the public hearing in case of any objection to the granting of exception/variance. exception/variance. Section 38. Special Permit Uses. A special special permit permit shall be required required for each each of the following uses, subject to terms and conditions as hereunder prescribed:
1. Cemeteries/Memorial Cemeteries/Memorial Parks 2.a. These shall be located outside of or within reasonabl r easonable e distance from residential zones where no hazard to human health and life could result. 2.b. The number of cemeteries and memorial parks to be allowed shall be based on the needs of the City. 2.c. Their proper maintenance shall be the exclusive duty of the applicant or persons running them. 3. Funeral Parlors 3.a. Establishment Establishment of funeral parlors may be permitted in residential, commercial and institutional zones provided that they shall be located at a minimum radial distance from the following: i) food establishments - at least 25 meters away; ii) markets – – at least 50 meters away; iii) abattoirs, schools and hospitals – hospitals – at at least 200 meters away. A one-way private road or alley of not less than three (3) meters with corresponding entrance within the site of such parlor for the parking of cars or cortage shall be installed. 4. Telecommunication Telecommunication Stations
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4.a. Base stations and towers for cellular mobile telephone services, public mobile telephone services, paging services, trunking services, wireless local loops and other wireless communication services may be located in residential, commercial, industrial, institutional, agricultural and agro-industrial zones unless there are expressed prohibitions under existing laws and regulations. 4.b. Their sound maintenance shall be the exclusive responsibility of the applicant and/or the persons running them. 5. Cockpit Arena 5.a. They shall be located within the parks and recreation zone and have at least a 200 meter radius away from residential, commercial and institutional institutional zones. 5.b. Adequate parking space should be provided for all its patrons. 5.c. Sanitary regulations should be complied with. 6. Piggery and Poultry 6.a. They must be located in agricultural and agro-industrial agro-industrial zones and outside urban and major residential, commercial and institutional zones. 6.b. They must be located at least 25 meters radius away from sources of ground and surface drinking water. 6.c. Medium and large-scale piggery and poultry farms must be at least 1,000 meters away from built-up areas (residential, commercial, institutional and industrial zones) while small-scale must be at least 500 meters away. 6.d. Piggery farms f arms must be 500 meters away from major roads/highways roads/hig hways and poultry farms must be 200 meters away. 6.e. The site of medium to large-scale piggery and poultry farms must be at least one kilometer away from one another to minimize pollution and health hazards.
Article XII ADMINISTRATION AND AND ENFORCEMENT ENFORCEMENT Section 39. Locational Clearance. All owners/developers owners/developers shall secure locational clearance from the city zoning administration or in cases of variances and exemptions, from the local chief executive through the city zoning administration and the City Development Council for review and
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recommendation, recommendation, respectively, prior to conducting any activity or construction on their property. Section 40. 40. Building Building Permits. No building building permit permit shall be issued issued by the building official without a valid locational clearance in accordance with this Ordinance. Section 41. Building Occupancy Permits. No building occupancy permit shall be issued by the building official without official validation/verification from the city zoning administration. administration. Section 42. Non-Users of Locational Locational Clearance. Clearance. Upon issuance 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 clearance clearance within said said period shall shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without re-applying for a new clearance. Section 43. Certificate of Non-Conformance. Non-Conformance. A certificate of nonconformance shall be applied for by the owner of the structure or operator of the activity involved within one year from the date of enactment of this Ordinance. Failure on the part of the owner to register/apply for the said certificate shall be considered in violation of the Zoning Ordinance and is subject to penalties. The city zoning administration shall immediately notify owners of known existing non-conforming use so they may apply for the said certificate. Section 44. 44. Grounds for for Denial, Suspension, Suspension, Revocation Revocation and/or and/or Invalidation Invalidation of Locational Clearance, Final Approval and Development Permit, and Zoning Certifications. Certifications. The city zoning administration administration may order order or direct denial, denial, suspension, revocation and/or invalidation of locational clearance, final approval and development permit, and Zoning Certification on any of the following grounds: 1. Incorrect or inaccurate inaccurate information information found found in application. application. 2. Non-compliance Non-compliance with the terms and conditions of of the locational clearance clearance or final approval and development development permit.
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3. Suspension or abandonment of the work so authorized in the locational clearance or final approval and development permit at any time it has commenced for a period of 100 days or more. 4. Unauthorized changes/modificati changes/modifications ons or alterations in the approved plans and specifications and/or in the construction. 5. Failure to engage the service service of a duly licensed civil or geodetic geodetic engineer to undertake full time inspection and/or supervision in the implementation of the project. All payments made for the suspended, revoked and/or invalidated locational clearance, final approval and development permit, and zoning certification shall be forfeited in favor of the City. Section 45. Existing Non-Conforming 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 to the provision provision 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 non-conforming use exists at the time of the adoption of this Ordinance. 2. That no such non-conforming use which has ceased operation for more than one year again be revived as non-conforming use. 3. An idle/vacant idle/vacant structure may not not be used for for non-conforming non-conforming activity. 4. That any non-conforming structure, or structures under one ownership which has been damaged maybe reconstructed and used as before provided that such reconstruction is not more than 50 percent of the replacement cost. 5. That should such such non-conforming portion portion of structure be destroyed destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.
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6. That no such non-conforming use may be changed to another nonconforming use. 7. That no such non-conforming use maybe moved to displace any conforming use. 8. That no such non-conforming non-conforming structure may be enlarged enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. 9. That should such such structure be moved for for any reason to whatever distance, distance, it shall thereafter conform to the regulation of the district in which it is moved or relocated. Section 46. Responsibility Responsibility for Administration Administration and Enforcement. This Ordinance shall be enforced and administered by the City Planning and Development Coordinator who shall be appointed by the Mayor, pursuant to the provisions of the LGC. Section 47. Qualification of the Zoning Administrator. Administrator. The Zoning Administrator Administrator shall be a reputable person per son of good moral character and shall possess specialized knowledge, training and/or experience in the field of physical planning and zoning for at least five years, provided, however, that no elective official shall be appointed. Section 48. 48. Powers and Functions Functions of the Zoning Administrator. Administrator. The powers and functions of the Zoning Administrator are the following: 1. Act on all applications applications for locational locational clearance for all projects projects by: 1.a. Issuing the corresponding corresponding certificate of zoning compliance for projects conforming with the zoning regulation. 1.b. Granting or denying applications for temporary use, recommending recommending variances and exceptions. 1.c. Issuing certificates of non-conformance for non-conforming projects lawfully existing at the time of the adoption of the Ordinance, including clearances for repairs/renovations of non-conforming uses consistent with the guidelines therefore.
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1.d. Imposing appropriate condition(s) condition(s) on all permits/clearances/certificates consistent with laws, rules and policies laid down under this Ordinance. 2. Monitor on-going on-going or existing projects within within their respective jurisdictions and issue notices of violation and show cause order to owners, developers or managers of projects who may have violate the Zoning Ordinance and refer the same to the Sangguniang Panlungsod. Panlungsod. 3. Coordinate the enforcement of the form and substance of this Zoning Ordinance with the Philippine National Police particularly on actions that need the assistance of the police. 4. Coordinate all legal legal issues relative to the enforcement of this Ordinance with the City Attorney’s office. 5. Coordinate the proposed proposed amendments to this Zoning Ordinance Ordinance with the Regional Land Use Committee. 6. Coordinate relevant relevant issues relative relative to the implementation implementation of this this Ordinance with appropriate public and private entities. Section 49. Complaints and Oppositions Oppositions.. A complaint complaint for violation violation of any any provision of the Zoning Ordinance or of any clearance or permits issued pursuant thereto shall be filed with the Local Zoning Board of Appeals (LZBA). 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 50. Functions and Responsibilities Responsibilities of the Local Zoning Board of Appeals. There is hereby created a LZBA which shall perform the following functions and responsibilities: responsibilities: 1. Act on applications applications of the following following nature: nature: 1.a. Variances 1.b. Exceptions 1.c. Non-Conforming Non-Conforming Uses 1.d. Complaints and Opposition to Applications
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2. Act on appeals on grant or denial of locational clearance clearance by the zoning administrator. The decision/s of the Board shall be appealable to the Housing and Land Use Regulatory Board. Section 51. Composition Composition of the Local Zoning Board of Appeals (LZBA). The City Development Council shall create a committee which shall act as the LZBA composed of the following members: 1. City Mayor as Chairman 2. City Legal Officer 3. City Assessor 4. City Engineer 5. City Planning Planning and and Development Development Officer)
Coordinator (if other other than the Zoning
6. Two representatives from the private sector or non-government organizations, nominated by their respective organizations and confirmed by the city mayor. They shall serve for a term of two years or at the discretion of the Chairman. The Sangguniang Panlungsod shall determine their remuneration. remuneration. To fill vacancies in the Board, the Sangguniang Panlungsod can nominate its members to meet the total number of board members required under this Section. For purposes of policy coordination, said committee shall be attached to the City Development Development Council. Section 52. Interim Provision. Until such time that the LZBA shall have been constituted, the HLURB shall act as the LZBA. As an appellate appellate Board, the HLURB shall adopt its own rules of procedure to govern the conduct of appeals arising from the administration administration and enforcement of this Ordinance. Section 53. Review of the Zoning Ordinance. The City Development Council shall create a sub-committee, the Local Zoning Review Committee (LZRC) that
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shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based based on the following premises: premises: 1. Change in in local local development development plans 2. Introduction of projects of of national significance 3. Petitions for re-zoning 4. Other reasons reasons that are are appropriate appropriate for consideratio consideration n Section 54. Composition Composition of the Local Zoning Review Committee Committee (LZRC). The Local Zoning and Review Committee shall be composed of the following: 1. Zoning Administrator as Head 2. Representative Representat ive from the Sangguniang Panlungsod (which they will elect among themselves) 3. Representative Representative from the HLURB 4. Representative from the City Development Council 5. Private Sector Representative (to be appointed by the City Mayor) Section 55. Functions of the Local Zoning Review Review Committee. Committee. Committee shall have the following powers and functions:
The
1. Review the Zoning Zoning Ordinance Ordinance for the following following purposes: purposes: 1.a. Determine amendments or revisions necessary in the Zoning Ordinance arising from changes that might have been introduced in the Comprehensive Land Use Plan. 1.b. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of permits given, and exceptions and variances granted. 1.c. Identify Identify provisions of the Ordinance that are difficult to enforce or are unworkable.
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2. Recommend to the Sangguniang Panlungsod necessary legislative amendments and to the City Development Council the needed changes in the plan as a result of the review conducted. 3. Provide information information to the HLURB that would be useful useful in the exercise of its functions. Section 56. Creation of a Zoning Development and Enforcement Trust Fund. A Zoning Development Development and Enforcement Trust Fund shall be created. All collections from penalties/fines on violation of any sections and provisions of this Ordinance shall accrue to the trust fund of the Angeles City government. The City Accountant shall keep and maintain a special account and all records record related to. From the collected fees and fines, 30 percent of which shall be given to the operations and maintenance of the Zoning Administrat Ad ministration ion Office. Five percent shall be accrued to the Zoning personnel which shall be proportionally proportionally divided among them as incentives. incentives. The fund shall be disbursed only for the physical improvement and maintenance of the Zoning Administration Office and its operational requirement for zoning enforcement. Any unused balance at the end of the fiscal year in excess of 35 percent of the previous year’s expenditures shall revert back to the General Fund. Section 57. Actions on Complaints and Oppositions. Oppositions. A complaint for violations of any provisions of the Zoning Ordinance or permits issued pursuant thereto shall be filed with the zoning administrator. However, oppositions to applications for clearances, variances or exceptions shall be treated as complaints and dealt with in accordance with the provisions of this Section. Section 58. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be subject to review and evaluation of the zoning administrator and shall be carried out through a resolution of 3/4 votes of the Sangguniang Panlungsod.
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Section 59. Processing Fees. All processing fees shall be in accordance with the schedule prescribed under the existing Amended Tax Code of the City and shall be paid directly to the Office of the City Treasure. Section 60. Violations Violations and and Penalties. Penalties. Any person who violates any of the provisions of this Zoning Ordinance, shall, upon conviction, be punished by a fine not less than five thousand pesos (P5,000.00) but not more than fifty thousand pesos (P50,000.00) (P50,000.00) or an imprisonment for a period of not less than one month but not exceeding six months or both upon the discretion of the Court. In case of violation by a corporation, corporation, partnership partnership or association, association, the penalty shall be imposed upon erring officers thereof. Section 61. Suppletory Effect of Other Laws and Decrees. The provisions of this Ordinance shall be without prejudice to the application of other laws and executive or administrative orders of national agencies with jurisdiction over specific land areas, and shall remain in force and effect, provided that the land use decision of the national agencies concerned shall be consistent with the development plan of City. Section 62. Business Permits and/or Licenses. As a suppletory provision provision to the existing Amended Tax of the City, no business/mayor’s permit and/or licenses of any kind shall be granted or issued in favor of any establishment if such establishment is located in non-conforming areas or areas where such business or establishment is not allowed under the provisions of this Zoning Ordinance. Section 63. Separability Separability Clause. Clause. Should any section section or provision provision of this 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. Section 64. Repealing Clause. All other 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 65. Effectivity Clause. This Ordinance Ordinance shall take take effect effect upon upon approval and immediately after satisfaction of the required publication in a newspaper publication in the City and posting of the same in conspicuous places in the City.
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Penalties Failure to comply with the prescribed requirements set forth for this purpose shall mean the filing of appropriate civil or criminal charges with the proper authorities. Repealing Clause Ordinances, Orders or Regulations inconsistent with this Ordinance are hereby amended or repealed accordingly. Separability Separability Provision If for any reason, any section of this Ordinance, or any portion hereof, or the application of such section or provision, or portion hereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this Ordinance shall not be affected by such declaration. Effectivity Effec tivity Clause This Ordinance shall take effect after 15 days upon its approval by the Sangguniang Panlalawigan with the satisfaction of its required publication in a newspaper of general circulation in the Province of Pampanga. th ADOPTED this ___ day of ____ 2016 x----------------------------------------------------------------------------------------------------x
I hereby certify ce rtify to the correctness of the f oregoing Ordinance adopted by the ___ Sangguniang Panlungsod of the City of San Fernando, Pampanga during its th ___ Regular Session held on ______ 2016. th
AVELINA M. LACANILAO-LAGMAN Secretary to the Sanggunian ATTESTED TO BE DULY ADOPTED: Hon. JAIME T. LAZATIN Presiding Officer Pro-Tempore APPROVED: Hon. EDWIN D. SANTIAGO City Mayor ________________ ________________ Date /lynnspord2012007
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Annex A
Definition of Terms
1. Agricultural Zone Zone - an area within the City intended intended for cultivation/fishing cultivation/fishing and pastoral activities e.g., fish, farming, cultivation of crops, goat/cattle raising, etc. 2. Agro-Industrial Zone - an area within the City intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugarcane, etc. 3. Buffer Area - these are yards, parks or open spaces intended intended to separate incompatible elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where no permanent structure are allowed. 4. Built-up Area - a contiguous grouping grouping of ten ten or more structures. 5. Central Business District District (CBD) - refer to areas designated principally principally for trade, services and business purposes. 6. Certificate of Non –Conformance –Conformance - a certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of said Ordinance. 7. Certificate of Non-Coverage - a document issued by the DENR certifying that the proposed project or undertaking is not included in the Environmental Impact Statement (EIS) system. 8. Cockpit - a pit or enclosure within a building or a portion thereof where cockfights are held. Money betting betting maybe made made or not. 9. Commercial Garage - a garage where motor vehicles are housed, cared for, equipped, repaired or kept for remuneration, hire or sale. 10. Compatible Use - uses or land activities capable of existing together harmoniously harmoniously e.g., residential use and parks and playground. 11. Comprehensive Comprehensive Land Use Plan P lan (CLUP) - a document embodying specific proposals for guiding, regulating growth and/or development. The main
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components of the CLUP in this usage are the sectoral studies i.e., demography, socio –economic, –economic, infrastructure and utilities, local administration administration and land use. 12. Conflicting Use - uses or land l and activities with contrasting characteristics sited adjacent to each other e.g., residential units adjacent to industrial plants. 13. Conforming Use - a use which is in accordance with the zone classification as provided for in the Ordinance. 14. Easement - open space imposed on any land use/activities use/activities sited along waterways, road right-of-ways, cemeteries/memorial parks and utilities. utilities. 15. Environmental Compliance Compliance Certificate (ECC) - a document issued by DENR certifying that the proposed project or undertaking will not cause significant negative environmental impacts and the proponent has complied with the requirements of the EIS system. 16. Environmentally Environmentally Critical Areas - refers to those areas which are environmentally environmentally sensitive and are listed in Presidential Proclamation 2146. 17. Environmentally Environmentally Critical Projects - refers to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146. 18. Exception - a device which grants a property owner relief from certain provisions of a Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. 19. Floor Area Ratio (FAR) - is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and and the area of of the lot. The gross floor area of any building should not exceed the prescribed floor area ratio multiplied by the lot area. The FAR of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.
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20. Commercial Zone (GCZ) - an area within the City for trading, services or business purposes. 21. Residential Zone - an area within the City for dwelling or housing purposes. 22. General Zoning Map - a duly authenticated map delineating the different zones in which the City is divided. 23. Gross Floor Area - the GFA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by: office areas o residential residential areas o corridors o lobbies o mezzanine o vertical penetrations which shall mean stairs, fire escapes, elevator o shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls rest rooms or toilets o machine rooms and closets o storage rooms and closets o covered balconies and terraces o interior walls and columns, and other interior features o
o
o
but excluding: covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present uncovered areas for air-condition cooling towers, overhead water tanks, roof deck laundry areas and cages, wading or swimming pools, whirlpools whirlpools or jacuzzis, gardens, courts or plazas
24. Hospital - an institution providing health services primarily for in-patient, medical or physical care of the sick or injured, including as an integral part of the institution related facilities such as laboratories, out-patient department, training facilities facilities and staff offices.
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25. Innovative Design - introduction and/or application application of new creative designs and techniques in development project e.g., planned unit development development (PUD), (P UD), newtown, etc. 26. Locational Clearance - a clearance issued to a project that is allowed under the provisions of this Zoning Ordinance as well as other standards, rules and regulations on land use. 27. Low Density Residential - an area within the City principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare. 28. Medium Density Residential - an area within the City principally for dwelling/housing purposes with a density of 21 to 65 dwelling units per hectare. 29. Mitigating Device - a means to grant relief in complying with certain provisions provisions of the ordinance. 30. Non-Conforming Non-Conforming Use - existing non-conforming uses or establishments establishments in an area allowed to operate despite of the non-conformity to the provisions of the ordinance subject to the conditions stipulated in this Zoning Ordinance. 31. Park and Recreation - an area designed for amusements and for the maintenance of ecological balance of the community. 32. Planned Unit Development Development (PUD) - a land development scheme wherein 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. 33. Rezoning - a process of introducing in troducing amendments to or a change in the t he text and maps of the Zoning Zoning Ordinance. It also also includes amendment amendment or change in view of reclassification under section 20 of RA 7160. 34. Setback - the open spaces left between the building and lot lines.
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35. Urban Area - include all barangay(s) baran gay(s) or portion(s) of which comprising comprisin g the Poblacion, CBD and other built up areas including the urbanizable land in and adjacent to said areas and where at least more than 50 percent of the th e population are engaged engaged in non-agricultural activities. CBD shall refer to the areas designated principally for trade, services and business purposes. 36. Urban Zoning Map - a duly authenticated map delineating delineating the different zones into which the urban area and its expansion area are divided. 37. Variance - a special locational clearance which grants a property owner relief from certain provisions of zoning ordinance where, because of the particular, physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more-money. 38. Zone – – an area within the City for specific land use as defined by manmade or natural boundaries. 39. Zoning Administrator/Zoning Administrator/Zoning Officer - a city government employee appointed by the Mayor and who is responsible for the implementation/ enforcement of the Zoning Ordinance in the commmunity. commmunity. 40. Zoning Ordinance - a local legal measure that embodies regulations affecting land use.
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