Documente Academic
Documente Profesional
Documente Cultură
(Series of 2012)
ARTICLE I
TITLE OF THE ORDINANCE
SECTION 1. TITLE OF THE ORDINANCE. This ordinance shall be known as the Comprehensive
Zoning Ordinance for the City of Baguio and shall hereinafter be referred to as the Ordinance.
ARTICLE II
AUTHORITY AND PURPOSE
SECTION 2. AUTHORITY. This Ordinance is enacted pursuant to the provisions of the Local
Government Code of 1991 (Republic Act No. 7160) Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10
October 1991 authorizing the City through the Sangguniang Panlungsod to adopt its Zoning Ordinance
subject to the provisions of existing laws and in conformity with Executive Order No. 72.
SECTION 3. PURPOSES. This Ordinance is enacted for the following purposes:
1.
Guide, control, and regulate future growth and development of Baguio City in accordance with
its Comprehensive Land Use Plan.
2.
3.
Promote and protect the health, safety, peace, comfort, convenience and general welfare of the
inhabitants in the locality.
4.
5.
6.
Regulate the location and use of land and height of buildings in such manner so as to obviate the
danger to public safety caused by undue interference with existing or prospective traffic
movements on such streets and thoroughfares.
7.
Preserve and protect the unique environment, ecosystem and cultural heritage of the city.
8.
ARTICLE III
DEFINITION OF TERMS
The definition of technical terms used in this Zoning Ordinance shall carry the same meaning
given to them in already approved codes and regulations, such as but not limited to the National
Building Code, Water Code, Philippine Environmental Code and other Implementing Rules and
Regulations promulgated by the Housing and Land Use Regulatory Board (HLURB). The words, terms and
phrases as used in this Ordinance shall be understood to have the meaning correspondingly indicated in
Appendix A.
ARTICLE IV
ZONE CLASSIFICATIONS
SECTION 5. DIVISION INTO ZONES OR DISTRICTS . To effectively carry out the provisions of
this Ordinance, the City is hereby divided into the following land use zones:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
SECTION 6. ZONING MAP. There is hereby adopted as an integral part of this Ordinance, an
official zoning map, drawn to the scale of 1:50,000 meters, duly prepared by the City Planning and
Development Office, wherein the designation, location and boundaries of the districts/zones herein
established are shown and indicated.
In case of loss, damage, destruction and/or extreme difficulty in the interpretation of the official
zoning map, the Sangguniang Panlungsod may, by resolution, adopt a new official zoning map which
likewise shall be in accordance with the development plan of the community; provided, that all prior
maps or any significant parts thereof left shall be preserved together with all available records
pertaining to their adoption and/or amendment.
SECTION 7. ZONE BOUNDARIES. The areas appearing in Appendix B hereof constitute the
Zoning Districts of the City of Baguio with the specific locations and boundaries of each zone so
delineated. The textual description of the zone boundaries shall prevail over that of the Official Zoning
Maps.
SECTION 8. INTERPRETATION OF ZONE BOUNDARIES . In the interpretation of the zone
boundaries fixed for any of the zones shown in the Zoning Map, the following rules shall apply:
1.
Where zone boundaries are so indicated that they approximately follow the center of streets or
highways, street lines or highway right-of-way lines shall be construed to be boundaries.
2.
Where zone boundaries are so indicated that they approximately follow the lot lines, such lot
lines shall be construed to be boundaries.
3.
Where zone boundaries are so indicated that they are approximately parallel to the center lines
or right-of-way lines of streets and highways, such zone boundaries shall be construed as being
parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is
given, such dimension shall be determined by the use of the scale shown in said zoning map.
4.
Where the boundary of a zone follows a stream, lake, or other bodies of water, said boundary
lines shall be deemed to be at the limit of the political jurisdiction of the community unless
otherwise indicated.
5.
Boundaries indicated as approximately following the center lines of streams, rivers, canals,
lakes, or other bodies of water shall be construed to follow such center lines. Boundaries
indicated as parallel to, or extension of indicated features not specifically indicated in the zoning
map shall be determined by the scale of the map.
6.
Where a boundary line divides a lot or crosses unsubdivided property, the location of such
boundary shall be as indicated in the zoning map using the scale appearing on such maps.
7.
Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided by
a district boundary line, the lot shall be construed to be within the district where the major
portion of the lot is located. In case that the lot is bisected by the boundary line, it shall fall in
the district where the principal use falls.
VOLUME 2 ZONING ORDINANCE OF BAGUIO CITY (2012-2020)
8.
9.
Where a zoning boundary line is indicated in the zoning map, one block deep or a fraction
thereof, such boundary line shall be scaled or determined by the Zoning Officer.
ARTICLE V
ZONE REGULATIONS
SECTION 9. GENERAL PROVISIONS. The following zones shall be principally used as follows:
1.
Low Density Residential Zone (R-1). An R-1 shall be used principally for housing/dwelling
purposes so as to maintain the peace and quiet of the area within the zone with a low density of
20 dwelling units and below per hectare.
2.
Medium Density Residential Zone (R-2). An R-2 shall be for housing/dwelling purposes of
medium density of 21 to 65 dwelling units per hectare.
3.
High Density Residential Zone (R-3). An R-3 shall be for housing/dwelling purposes of high
density of 66 or more dwelling units.
4.
Low Density Commercial Zone (C-1). A C-1 shall principally be for trade, services and business
activities ordinarily referred to as the Central Business District (CBD).
5.
Medium Density Commercial Zone (C-2). A C-2 shall be for quasi-trade business activities and
service industries performing complementary/supplementary functions to the CBD.
6.
High Density Commercial Zone (C-3). A C-3 shall be for regional shopping centers which are
regional in scope or where market activities generate traffic and require utilities and services
that extend beyond local boundaries and requires metropolitan level development planning and
implementation.
7.
General Institutional Zone (GIZ). GIZ shall principally be for general types of institutional
establishments.
8.
Parks and Recreation Zone (PRZ). A PRZ shall be for areas designed for diversion/amusements
and for the maintenance of ecological balance of the community.
9.
Water Zone (WZ). The WZ are bodies of water which include rivers, creeks, streams, lakes, water
reservoir, etc.
10.
Planned Unit Development Zone (PUDZ). A PUD shall refer to land development scheme where
project site is comprehensively planned as an entity via unitary site plan which permits flexibility
in planning/design, building siting, complementarity of building types and land uses, usable
open spaces and the preservation of significant natural land features. The Camp John Hay
Special Economic Zone and the Baguio Export Processing Zone are included in this zone.
VOLUME 2 ZONING ORDINANCE OF BAGUIO CITY (2012-2020)
11.
Utilities Zone (UZ). This shall be for towers and antennaes, relay stations, public parking
spaces/loading and unloading facilities, public garages/facility storages and solid waste disposal.
12.
Cemeteries/Memorial Parks. These shall be for public and private areas for burying the dead.
13.
Airport Zone. This shall be for the Loakan Airport and support facilities.
14.
Forest Zone (FZ). This shall be for areas primarily used for forest purposes. The FZ is further
categorized as the Watershed Zone, Protected Forest Zone, and the Open Forest Zone which
shall be utilized for tree parks, and soil conservation and related activities depending on soil
suitability of specific areas.
15.
Roads Zone. This shall be for the provision of right-of-ways for roads and streets.
16.
17.
SECTION 10. PERMITTED USES. The uses indicated below are not exhaustive nor all-inclusive.
The Local Zoning Board of Adjustment and Appeals (LZBAA) shall, subject to the requirements of this
Section, allow other uses not enumerated hereunder provided that they are compatible with the uses
expressly allowed. Allowance of further uses shall be based on the intrinsic qualities of the land and the
socio-economic potential of the area with due regard to the maintenance of the essential qualities of
the zone.
Specific uses/activities of lesser density within a particular zone (R-1) may be allowed within the
zone of higher density (R-2, R-3) but not vice-versa, nor in another zone and its subdivisions except for
uses expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and
not inter-zonal.
The following are permitted in the following zones:
A.
c. No home occupation shall be conducted in any customary accessory uses cited above;
d. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking generated
by the conduct of such home occupation shall be met off the street and in a place other
than in a required front yard;
e. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors or electrical interference detectable to the normal senses
and visual or audible interference in any radio or television receivers or causes
fluctuation in line voltage off the premises.
5. Home industry classified as micro small medium enterprises, provided that:
a. Such home industry shall not occupy more than thirty percent (30%) of the floor area of
the dwelling unit. There shall be no change or alteration in the outside appearance of
the dwelling unit and shall not be hazard/nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the DTI.
c. Shall consider same provisions as enumerated in 4 above.
6. Recreational facilities for the exclusive use of the members of the family residing
within premises such as:
a. swimming pool
b. pelota court
c. others
7. Religious use
8. Multipurpose/barangay hall
9. Sports club
10. Clinic, nursing and convalescing home, health center
11. Plant nursery
12. Fraternal Clubs and Lodges
13. Internet Shop and computer rental shops except gaming
14. Satellite Market
15. School or company staff housing
16. Churches or similar places of worship/Religious Use
17. Church rectories
Conditional (R-1):
1. Preparatory schools, provided that they do not exceed three (3) classrooms and shall be
located not less than 500 meters from nearest existing school offering similar course and are
equipped with adequate parking or as provided in the local zoning ordinance.
2. Boarding houses with no more than eight (8) boarders.
3. Neighborhood convenience stores selling miscellaneous items, provided that such stores
shall not exceed 10% of the gross floor area (GFA) of the dwelling unit and provided that no
liquor shall be allowed for sale.
4. Processing, refilling and retailing of bottled drinking water provided that clearances from
local health department and certification of adequate supply from the water supply
concessionaire shall be secured.
B.
Conditional (R-2):
1. Ballet, dance and voice studios provided that the classes or instructions are held in
soundproofed
2. Offices with no actual display, sale, transfer, or lending of the office commodities in the
premises and with subject gross floor area (GFA) not exceeding 30% of the building GFA
3. Apartment hotels/hometels/Transient houses
4. Car barns for not more than three (3) units.
5. LPG retailing with a maximum of twenty (20) units of LPG tanks at any given time
6. Recreational facilities such as resorts, swimming pools, clubhouses and similar uses except
carnivals and fairs
7. Bank branches, savings/loans/lending shops.
8. Driving range
C.
Conditional (R-3):
1. All conditional uses in R-1 and R-2 with appropriate regulations
D.
department store
bookstore and office supply shop
home appliance store
car show room
photo shop
flower shop
d. supermarket
5. Personal Service Shops, like:
a.
b.
c.
d.
e.
f.
g.
h.
beauty parlor
barber shop
sauna bath and massage clinic/spa
videoke bar/sing along
bar
dressmaking and tailoring shop
disco pub
medical clinics
movie houses/theater
play court e.g. tennis court, bowling lane, billiard hall
swimming pool
day and night club
gymnasium
other sports and recreational establishment
dancing schools
school for self-defense
driving schools
speech clinics
9. Storerooms but only as may be necessary for the efficient conduct of the business
10. Commercial condominium (with residential units in upper floors)
11. Commercial housing like:
a.
b.
c.
d.
e.
f.
g.
h.
12.
13.
14.
15.
16.
17.
18.
19.
20.
hotel
apartment
apartel
boarding house
dormitory
pension house
club house
motel
Embassy/consulate
Library/museum
Gasoline/LPG filling and service stations
vocational/technical school
convention center and related facilities
Call Center (Business Process Outsourcing)
messengerial services
security agency
janitorial service
VOLUME 2 ZONING ORDINANCE OF BAGUIO CITY (2012-2020)
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Conditional (C-1):
1. Garage for jeepneys and taxis not greater than six (6) units in number
2. Garage for bus and trucks not greater than three (3) units in number
F.
10
Conditional (C-2):
1. Institutional uses as colleges and universities, vocational and technical schools, general
hospitals and specialized general welfare, charitable and government institutions
2. Hauling services and garage terminals for trucks, tow trucks, and buses not exceeding three
(3) units storage facilities in support of commercial establishments
3. Auto sales and rentals, automotive handicraft, accessory and spare parts shops, marine
craft, aircraft and sales yards
G.
Accessory (C-3):
1. All uses allowed in R-1, R-2 and R-3 Zones
2. All uses allowed in C-1, C-2
3. All uses allowed in GI Zone
H.
11
I.
J.
K.
L.
12
M.
Cemeteries/Memorial Parks
1.
2.
3.
4.
memorial chapels
crematory services
mortuaries/funeral parlors/embalming services
Approval of cemeteries/memorial parks shall conform with the HLURB Guidelines and
Standards and Sanitation Code.
5. Administration Building for the Cemeteries/Parks.
13
N.
O.
helipads, heliports
airport terminals and related activities
administration building
Airport Tower subject to clearance of the Air Transportation Office
P.
Slaughterhouse Zone
1.
2.
3.
4.
Q.
R.
Reforestation projects
Orchard
Ecological projects
Tree Parks
Heritage Sites
1. Buildings and sites of historical value and importance.
2. Monument, structures and natural features that are landmarks and tourist destination of
the city.
SECTION 11. Sinkhole areas shall be unbuildable. No structure shall be erected on such
identified areas.
SECTION 12. ZONING DISTRICT BOUNDARIES. The zoning district boundaries for the City of
Baguio as reflected in the official zoning map are specified in Appendix B and described as follows:
1. RESIDENTIAL (R1, R2, R3)
All remaining properties in the City of Baguio not identified in the land uses below.
14
2. COMMERCIAL (C1)
Portion of Mines View Park barangay, one lot deep both sides from Good shepherd
Compound up to Junction Torres Street
Lot deep along Bokawkan Road
Market Area including Magsaysay Avenue
Session Road; Rizal Monument Barangay; AZCKO Barangay
Malcolm Square; Kabayanihan; Kagitingan Barangay
Upper and Lower Gen. Luna Road
Right side of Bonifacio Street near St. Louis University
T. Alonzo; New Lucban Barangay; (portion) Tabora Barangay
Lot deep along M. Roxas St., Trancoville
Lot deep along Legarda and Kisad Roads excluding Burnham Park side
Monticello Hotel at Camp 7 Barangay
Along Siapno and Ambuclao Road near Pacdal Circle (Existing Satellite Market)
Upper Session Road
Military Cut-off
Part of Loakan Road (Nevada Square to Forest House)
North Drive
Portion of Rimando Road from Junction Trancoville to the Hanbi condominium
Lot deep along portion of Kias Road
Lot deep along portion of Loakan Proper Road
3. COMMERCIAL (C2)
4. COMMERCIAL (C3)
5. INSTITUTIONAL
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Buyog Watershed
Busol Watershed
Forbes Park I, II, III Watershed
Lucnab Watershed
Camp 8 Watershed
Guisad Surong Watershed
Crystal Cave Watershed
John Hay Special Economic Zone
John Hay Protected Forest
V.O.A. & Eco-System Research & Development Sector
BAI and BPI Reservation
All other areas covered by Presidential Proclamation
Burnham Park
City Hall Park
Park beside Casa Vallejo, Upper Session Road
Bayan Park
Aguinaldo Bagong Bayan Park
Imelda Park
Rizal Park
Sta. Lucia Golf Course
Wright Park
Baguio Country Club Golf Course
Sunshine Park
Baguio Convention Center Park
Loakan Road near PEZA
Pacdal Circle Park
Pacdal Circle along Apostol St.
Along Outlook Drive near Mansion House
Mines View Park
Lioness Park
Igorot Garden
Peoples Park
Kennon Zigzag View
Panagbenga Park
All other reservations, existing & identified parks and gardens at the various barangays
9. UTILITIES ZONE
Part of Mines View Barangay near the boundary of La Trinidad and Itogon Benguet for
communication towers
VOLUME 2 ZONING ORDINANCE OF BAGUIO CITY (2012-2020)
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10. ABATTOIR
Slaughterhouse Compound
11. AIRPORT
Loakan Airport
17
ARTICLE VI
DISTRICT REGULATIONS
SECTION 13. GENERAL DISTRICT REGULATIONS. Unless otherwise herein provided, the
following supplementary regulations shall be uniformly observed in the zoning district:
a.
No building, structure or land shall be used, or occupied, and no building or structure or part
thereof shall hereafter be erected, constructed or reconstructed, moved or structurally altered
except in conformity with the provisions of the National Building Code (P.D. 1096), its
implementing rules and regulations, and other pertinent laws.
b.
No part of a yard, off-street parking space, loading space, or other open space required of any
building shall, for the purpose of complying with this Ordinance, be included as part of the yard,
open space, off-street parking or loading space similarly required of any adjacent or neighboring
building.
2.
3.
4.
5.
6.
TYPE OF BUILDING /
STRUCTURE
Residential
R1
MAXIMUM METERS
ABOVE ESTABLISHED
GRADE
10
7
12
10
18
12
19.5
19.5
19.5
19.5
19.5
6
24
18
19
20
CONDITIONAL:
Height within Commercial, Industrial and Institutional areas may be allowed up 12 storeys or
37.5 meters, provided the following are complied:
1.
2.
3.
Commercial
2.
3.
Industrial
Institutional
TYPE OF BUILDING /
STRUCTURE
C1
C2
C3
Industrial
Institutional
12
12
12
12
12
MAXIMUM METERS
ABOVE ESTABLISHED
GRADE
37.5
37.5
37.5
37.5
37.5
NOTE:
A.
Building heights shall be measured from the crown of the road or alley fronting the
property.
2.
In cases where the buildable portion of the lot is higher than the road, the building
height shall be measured from the established natural grade line.
3.
In cases where the road fronting the property is an upgrade or down grade road, the
building height shall be measured from the crown of the road located at the middle of
the front width of the building.
In cases where the lot is a through lot, the height of the building shall be measured from
the road of higher elevation.
4.
B.
The height of the proposed buildings/structures shall also be governed by the following RROWbased limitations:
1.
If only one (1) RROW services a lot and such is only 6.00 to 7.00 meters wide, a BHL of
three (3) storeys (or 9.00 meters maximum) shall be observed regardless of use or
occupancy, lot size, lot dimensions, lot frontage and like considerations.
2.
If only one (1) RROW services a lot and such is only 4.00 to 5.00 meters wide, a BHL
equivalent to 2 Vz storeys (or 7.50 meters maximum) shall be observed regardless of use
or occupancy, lot size, lot dimensions, lot frontage and like considerations. If only one
(1) RROW services a lot and such is only 3.00 meters wide or less, a BHL equivalent to
two (2) storeys (or 6.00 meters maximum shall be observed regardless of use
occupancy, lot size, lot dimensions, lot frontage and like considerations.
21
SECTION 15. AREA REGULATIONS. Area regulations in all zones shall conform with the
minimum requirement of the existing codes such as:
1.
2.
3.
4.
5.
6.
7.
8.
9.
P.D. 957 - the Subdivision and Condominium Buyers Protective Law and its revised
implementing rules and regulations.
B.P. 220 Promulgation of Different Levels of Standards and Technical Requirements
for Economic and Socialized Housing Projects and its revised implementing rules and
regulations.
P.D. 1096 - National Building Code
Fire Code of the Philippines
Sanitation Code
Plumbing Code
Structural Code
Executive Order No. 648
Other relevant guidelines promulgated by the national agencies concerned
SECTION 16. ROAD SETBACK REGULATIONS. Road setback regulations shall conform to the
provisions of the National Building Code and its Implementing Rules and Regulations which is under the
supervision of the City Building Official.
SECTION 17. BUFFER REGULATIONS. Buffer and Setback along rivers and creeks shall comply
with the provisions of the National Building Code which is under the supervision of the City Building
Official.
SECTION 19. TRAFFIC GENERATORS. All traffic generating buildings and structures allowed
in any of the districts must provide for adequate parking spaces for their employees, clients and visitors.
SECTION 20. PROVISION OF ADEQUATE PARKING SPACES FOR NEW CONSTRUCTIONS
AS WELL AS IN THE OPERATION OF BUSINESSES.
Parking space requirements shall comply with the provisions of the National Building Code
and its Implementing Rules and Regulations which is under the supervision of the City Building
Official. For condominiums, subdivisions and memorial parks, they shall be governed by the
Implementing Rules and Regulations of P.D. 957, B.P. 220 and E.O. 648.
However, residential buildings with lot area of 200 square meters and above shall provide
parking space.
22
ARTICLE VII
MISCELLANEOUS PROVISIONS
SECTION 21. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). Notwithstanding the
issuance of locational clearance under section 27 of this ordinance, no environmentally critical projects
nor projects located in environmentally critical areas shall be commenced, developed or operated unless
the requirements of ECC have been complied with.
SECTION 22. SUBDIVISION AND CONDOMINIUM PROJECTS . All owners and/or
developers of subdivision projects shall in addition to securing a locational clearance under section 25 of
this ordinance be required to secure a development permit pursuant to provisions of P.D. 957 and its
implementing rules and regulations or B.P. 220 and its implementing rules and regulations. in
accordance with the procedures laid down in E.O. 71, series of 1993. all developers of condominium
projects shall secure locational clearance with the city government through the zoning officer.
2. Heritage
a. Grade One Buildings shall be protected by law from demolition or alteration without
permission. Action to demolish, alter or rebuild these buildings and all sites, and
trees in conservation areas should be notified to the City Council beforehand, which
would then have two months to negotiate with owners a mutually acceptable
resolution. Failing this, the owner could proceed as he wishes, subject to the
provisions of pertinent laws, rules and regulations.
23
5. Air Quality
a. The City shall promote the use of alternative fuels through partnerships with the
transport sector.
b. The City shall provide greenbelts to increase CO2 sequestration and protect
pedestrians from hazards of vehicle emissions.
c. Support the declaration of the BLISTT as an Airshed as well as the policies that will
be formulated by the governing board of the BLISTT.
d. Rationalize traffic scheme in the City to reduce pollution load at the Central Business
District.
ARTICLE VIII
MITIGATING DEVICES
SECTION 24. DEVIATION. Exceptions, variances or deviations from the provisions of this
Ordinance may be allowed by the Local Zoning Board of Adjustment and Appeals (LZBAA) only when the
following terms and conditions are existing as evaluated by the LZBAA:
24
1. Variance
a. The property is unique and different from other properties in the adjacent locality and
because of its uniqueness; the owners cannot obtain a reasonable return on the
property.
This condition shall include at least 3 of the following provisions.
Conforming to the provisions of the Ordinance will cause undue hardship on the
part of the owner or occupant of the property due to physical conditions of the
property (topography, shape, etc.) WHICH is not self-created.
The proposed variance is the minimum deviation necessary to permit reasonable
use of the property.
The variance will not alter the physical character of the district or zone where the
property for which the variance is sought is located, and will not substantially or
permanently injure the use of the other properties in the same district or zone.
2. Exceptions
a. The exception will not adversely affect the public health, safety and welfare and is in
keeping with the general pattern of development in the community.
b. The proposed project shall support economic based activities/provide livelihood, vital
community services and facilities while at the same time posing no adverse effect on the
zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property in the
same district.
d. The exception will not alter the essential character and general purpose of the district
where the exception sought is located.
25
ARTICLE IX
ADMINISTRATION AND ENFORCEMENT
SECTION 26. LOCATIONAL CLEARANCE. All owners/developers shall secure Locational
Clearance from the Zoning Officer as a pre requisite for the issuance of building permit by the City
Building Official.
SECTION 27. BUILDING PERMIT. No building permit shall be issued by the City Building
Official without a valid locational clearance in accordance with this ordinance.
SECTION 28. NON-USER OF LOCATIONAL CLEARANCE. Upon issuance of a locational
clearance, the grantee thereof shall have one year within which to commence or undertake the use,
activity or development covered by such clearance on his property. Non-use of said clearance within
said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with
his project without applying for a new clearance.
SECTION 29. EXISTING NON-CONFORMING USES AND BUILDINGS. The lawful uses of
any building, structure or land at the time of adoption or amendment of this Ordinance may be
continued, although such uses do not conform with the provisions of this Ordinance, provided:
1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of
land than that already occupied by such use at the time of the adoption of this Ordinance or
moved, in whole or in part, to any other portion of the lot or parcel or land where such nonconforming use exists at the time of adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more than one (1) year be
again revived as non-conforming use.
3. An idle/vacant structure may not be used for non-conforming activity.
4. That any non-conforming structure, or structures under one ownership which has been
damaged may be reconstructed and used as before provided that such reconstruction is not
more than fifty percent (50%) of the replacement cost. That should such non-conforming
portion of structure be destroyed by any means to an extent of more than fifty percent
(50%) of its replacement cost at the time of destruction, it shall be reconstructed except in
conformity with the provisions of this Ordinance.
5. That no such non-conforming use may be moved to displace any conforming use.
6. That no such non-conforming structure may be enlarged or altered in a way which increases
its non-conformity, but any structure or portion thereof may be altered to decrease its nonconformity.
7. That should such structure be moved for any reason to whatever distance, it shall thereafter
conform to the regulation of the district in which it is moved or relocated.
8. Existing businesses of Junk Shops/motor Vehicle Repair Shops/Vehicle Tire shops/Welding
shops/Smoke emission testing centers that cannot comply with the requirements such as
provision of work area shall be given one (1) year to relocate from its present location.
26
II. Planning
A. Coordinate with the Regional Office of the HLURB regarding proposed amendments to
the zoning ordinances prior to adoption by the Sangguniang Panlungsod.
27
Variance
Exceptions
Non-Conforming Uses
COMPLAINTS AND OPPOSITION TO APPLICATIONS
For purposes of policy coordination, said committee shall be attached to the City Development
Council.
SECTION 35. INTERIM PROVISION. Until such time that the Local Zoning Board of
Adjustment and Appeals (LZBAA) shall have been constituted, the HLURB shall act as the LZBAA. as an
appellate Board, the HLURB shall adopt its own rules of procedure to govern the conduct of appeals
arising from the administration and enforcement of this Ordinance.
SECTION 36. REVIEW OF THE ZONING ORDINANCE. The City Development Council shall
create a sub-committee, the Local Zoning Review Committee (LZRC) that shall review the Zoning
Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following
reasons/situations:
1.
2.
3.
4.
SECTION 37. COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE (LZRC) . The
Local Zoning Review Committee shall be composed of sectoral experts. These are the Local
Officials/Civic Leaders responsible for the operation, development and progress of all sectoral
undertakings in the locality, e.g.
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1.
2.
3.
4.
5.
6.
7.
For purposes of policy and program coordination, the LZRC shall be attached to the City
Development Council.
SECTION 38. FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEE. The LOCAL
ZONING REVIEW COMMITTEE shall have the following powers and functions:
A.
B.
C.
Provide information to the HLURB that would be useful in the exercise of its functions.
SECTION 39. FEES. Zoning fees to be imposed shall consist of the following:
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SECTION 43. SEPARABILITY CLAUSE. Should any section or provision of this Ordinance be
declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or
invalid.
VOLUME 2 ZONING ORDINANCE OF BAGUIO CITY (2012-2020)
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SECTION 44. REPEALING CLAUSE. All ordinances, rules or regulations in conflict with the
provisions of this Ordinance are hereby repealed, provided that the rights that are vested upon the
effectivity of this Ordinance shall not be impaired.
SECTION 45. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon approval by the
Sangguniang Panlungsod (City Council).
Unanimously passed.
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