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1007)
AN ORDINANCE ENACTING THE COMPREHENSIVE ZONING ORDINANCE FOR
CALOOCAN CITY IN IMPLEMENTATION OF THE COMPREHENSIVE LAND USE
PLAN AND FOR OTHER PURPOSES.
WHEREAS, Section 458 (2) paragraph vii, viii, and ix of Republic act No.7160,
otherwise known as the Local Government Code of 1991,vests upon the
Sangguniang Panlungsod, the authority todetermine and/or reclassify the use of
all lands within the citysjurisdiction;
ARTICLE 1
SECTION 1. Title. -This Ordinance shall be known as the ComprehensiveZoning
Ordinance for the City of Caloocan and shall hereinafter be referred to as the
"Comprehensive Zoning Regulations".
ARTICLE II
AUTHORITY AND PURPOSE
SECTION 1. Authority. This Ordinance is enacted pursuant to theprovisions of the
New Local Government Code, RA 7160 Section 458 a. 2 (7-9) and447 a. 2 (7-9),
Authorizing the City/Municipality through the SangguniangPanlungsod to adopt
Zoning Ordinance subject to the Provisions of existing law andin conformity with
Executive Order No. 72.
ARTICLE IV
ZONE CLASSIFICATIONS
SECTION 1. Zone Classifications. -In order to effectively carry out the purposes and
objectives of this zoning ordinance, the City of Caloocan is hereby divided into major
zones consisting of areas with determined predominant uses, as well as Special
Zones.
Major zones shall include residential, commercial, industrial, parks and recreation
zones. Special areas shall consist of institutional (INST) transport and utilities (TU)
cultural (CUL) and cemetery (CEM) areas and Planned Areas for Necessary
Development (PLAND).
Residential zones are further divided into low-density (R-1), medium density (R-2)
and high-density (R-3) residential zones.
Commercial zones are further divided into Minor (C-1), Major (C-2), and Metropolitan
(C-3) commercial zones.
Industrial zones are further divided into light/non - pollutive/non-hazardous industrial
(I-1) and medium/ pollutive/hazardous industrial (I-2) zones.
SECTION 3. Official Zoning Maps. -The location and extent of the various zones
identified in these Comprehensive Zoning Regulation shall hereby be reflected in the
Official Zoning Map of Caloocan City in a manner that corresponds accurately with the
technical description of zone boundaries as well as promotes the objectives, policies
and strategies of the city. This zoning map shall hereby be made an integral part
hereof. Each zoning map shall be duly signed by the City Mayor and authenticated by
Housing and Land Use Regulatory Board. The seal of the City of Caloocan shall
likewise be affixed to said map.
In the event any or all of such maps or parts thereof became lost, damaged, mutilated
or destroyed, or the number of additional amendments or regulations has made it
difficult to interpret or enforce, the City Development Planning Office may upon its own
motion, or upon the request of any interested party with the favorable recommendation
of the City Zoning Administrator, adopt a new set of maps, which shall conform
accurately with the original and at the same time incorporate the changes,
amendments or reclassifications. The remainder of the existing zoning maps or
portions thereof shall be preserved together with the new maps.
SECTION 4. Pattern of Land Uses. -The uses which are permissible within each
zone are hereunder identified and the patterns of land uses accordingly specified.
Following patterns of land uses shall be observed in the corresponding zones:
(1) R-1 Low Density Residential Zone -Characterized mainly by single family, single
detached dwellings with the usual community ancillary uses on a neighborhood scale
and relatively exclusive subdivisions with a density of twenty
(20) dwelling units and below per hectare, as well as compatible support and
institutional facilities. The following are allowable uses:
Principal Uses:
1.
One family
dwellings
2.
Churches or similar places of worship and dwellings for the
religious
3.
Nursery and kindergarten schools, provided that they do not exceed
two (2) classrooms
4.
Clubhouses and other social
centers
5.
Parks, playgrounds, pocket parks, parkways, promenades and
playlots
6.
Recreational uses such as tennis courts, baseball diamonds,
swimming pools and similar uses operated by the government or private
individuals as membership organizations for the benefit of their members,
families or guest and not primarily for gain.
Accessory Uses:
1.
Customary Uses incidental to any of the aforementioned uses located
on the same lot, provided that such accessory uses shall not include any
activity conducted for monetary gain or commercial purposes;
servant's quarter
home laundries
guard house
non-commercial garages
houses for pets such as dogs, birds, rabbits & the like of not
more than four square meters in floor area
2.
Home occupation for the practice of one's profession such as offices of
physicians, surgeons, dentists, architects, engineers, lawyers & other
professionals or for engaging an in-house business such as dressmaking,
tailoring, baking and the like, provided that;
Such professionals are members of the family residing in the
premises;
The number of persons engaged in such business/industry shall
not exceed five (5);
In no case shall more than twenty percent (20%) of the floor area
of the building be used for said professional practice;
There shall be no change in the outside appearance of the
building or premises;
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 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;
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.
3.
Home industries classified as cottage industries such as embroidery,
sewing, handicrafts, shellcrafts, and the like, conducted within a dwelling unit,
provided that:
a maximum of (5) persons are employed;
not more than thirty percent (30%) of the floor area of any one floor of
the dwelling is devoted to such home occupation;
such home occupation does not required internal or external alterations,
or involve construction features;
such home occupation does not require uses of equipment not
customary in dwellings & shall not be hazard or nuisance;
(2) R-2 Medium Density Residential Zone -Characterized mainly by medium density
housing like two-family dwellings, townhouses, accessories or row houses and other
low area medium rise multi-family dwellings on a limited scale with usual community
ancillary uses and support facilities designed for the needs of a barangay scale with a
density of twenty-one (21) to sixty-five (65) dwelling units per hectare. The following
are the allowable uses.
Principal Uses:
1.
2.
3.
Townhouses
4.
5.
Residential condominium of medium rise type, provided it shall not
exceed seven (7) storeys or a height of 21 meters
6.
7.
8.
9.
Nursery, kindergarten & elementary schools provided that these will
not exceed twelve (12) classrooms
10. Clinics, family planning clinics
11. Community Facilities
12. Sanitaria, nursery or convalescent homes
13. Philanthropic or charitable institutions upon approval of the lay out plan by
the Zoning Administrator & subject to such conditions and safeguards as
deemed appropriate by the same Administrator
Accessory Uses:
1.
1
Customarily incidental home occupations such as barber & beauty
shops, tailoring & dress shops, neighborhood convenience stores, retail
drugstore
2
Plant nurseries and track gardens
3
Cottage or home industries
4
Offices with no actual display, sale, transfer or handling of office
commodities in the premises.
(3)
High-Density Residential Zone (R-3) -Characterized by mixed housing types
and high-density and high rise dwellings with more than 65 dwelling units and with
more than the usual community ancillary uses serving also the needs of outlying
areas, increasingly commercial in scale. The following are the allowable uses:
Principal Uses:
1.
All uses permitted in R1 and R2 with the conditions deemed
appropriate by the zoning administrator and applicable to R3 zoning district
2.
3.
4.
Boarding houses
5.
Elementary schools and high schools, provided that the number of
classrooms for high school shall not exceed 20
6.
Vocational school
7.
Apartments or apartels
8.
Ballet, dance & voice studios provided that the classes or instructions
are held in sound proofed and air-conditioned buildings.
9.
Multi-storey apartment provided that they meet the requirements of
Presidential Decree No. 957 and Batas Pambansa Blg. 220
(4) C-1 Minor Commercial Zone -Characterized by commercial and trade activities
on a neighborhood scale including retail outlets, professional offices, personal and
home service shops and eateries on a small scale.
In C-1 district, only the following uses are permitted, provided that the scale of
operations must be for a neighborhood size population of approximately one
hundred (100) families and the establishment is part of an overall plan for the
community.
Principal Uses:
1.
All conditional and permitted uses in R1, R2 and R3
districts;
2.
Pawnshops, photo and portrait studios, shoeshine/repair stands, retail
drugstores, tailoring and dress shops, bakeshops and bakery goods stores;
3.
Personal service shops such as watch repair shops, locksmith,
laundries and Laundromats, repair of business machines, repair of household
appliances and other small service establishments:
4.
Carinderias, foodstores, take-home kiosks, ice-cream parlors, soda
fountains, fruit stands, frozen meat, fish and poultry stores, dairy products,
candies and other related goods stores;
5.
Radio, television and other electrical appliance repair
shops;
6.
Gravel and sand - (with provision for loading and unloading
area);
7.
Printing and other small
establishments;
8.
Blacksmith on neighborhood
scale;
9.
Tire and vulcanizing
shops;
10. Gasoline station
11. Hometels, inns and pension houses, motels, reducing saloon, health
studios and massage and sauna parlors, tourist cabins and tourist homes;
12. Building material stores such as electrical and electronic stores, plumbing
supply stores, ceramic, clay element and other similar products;
13. Glassware and metalware shops, household equipment and appliance
shops, employment services, news syndicate services, branch offices, office
equipment and repair shops;
14. General retail establishments such as curio or antique shops, pet shops
and aquarium stores, book stores, art supplies and novelties, jewelry shops,
liquor wine stores and flower shops;
15. Other stores and shops for conducting retail business and all shopping
establishments;
16. Funeral/memorial service (excluding funeral parlors, mortuaries and
embalming services);
17. Messengers services, telephone and telegraphic exchanges;
Accessory Uses:
1.
Customary accessory uses and buildings incidental to any of the above
permitted uses.
(5) C-2 Major Commercial Zone -Characterized by commercial development which is
a mixture of retail and wholesale trade and may contain the service and entertainment
industries, such as restaurants, shopping centers sufficient to provide the needs of the
district level.
In C-2 district, only the following uses are permitted, provided that " the scale of
operations must be for a barangay size population of approximately 500 families"
and must form part of the over-all plan of the community.
Principal Uses:
1.
2.
Hardware and auto supply shops, auto sales, auto repair, car rentals,
automotive handicraft, marine craft retail shops, accessory and spare shops
and equipment and rentals and sales yards;
3.
Amusement centers, theaters, off-fronton stations, off-track stations,
betting station, commercial stables, dance halls or cabaret, dance and voice
studios;
4.
Restaurants, beer houses, canteens, delicatessen, confectionery
shops and automats, soda fountain, groceries and super clubs, nightclubs and
discotheques;
5.
6.
Sign and billboard shops, engraving and photo-development shops,
printing, blue-printing, and publishing shops;
7.
Sporting goods, supplies, dry goods stores, haberdasheries,
ready-made and knitted wear stores, apparel, repair and other related repair
services, and footwear shops
8.
Gasoline service stations/filling stations and commercial garages,
multi-storey structures;
9.
Local wet and dry markets; including open markets (talipapa);
supermarkets;
10. Machinery and machine shops, steel shops, machinery equipment supply
and related wholesale trade; provided that the shops floor area shall not
exceed 100 square meters;
11. Banks, savings/loan (related functions), money shops; and other related
financial institutions;
12. Institutional uses as colleges and universities, vocational and technical
schools, general hospitals and specialized general hospital, welfare and
charitable institutions, municipal buildings;
13. Electroplating shops for jewelries
14. Gravel and sand dealer
15. Parking lots
16. Blue-printing shops
17. Radio and television broadcasting stations
9.
Manufacture of hats, gloves, handkerchief, neckwear and related
clothing accessories
10. Manufacture of raincoats and waterproof outer garments except jackets
11. Manufacture of miscellaneous wearing apparel except footwear and
those n.e.c.
12. Manufacture of miscellaneous fabricated mill work and those n.e.c.
13. Manufacture of wooden and cane containers
14. Sawali, nipa and split cane factory
15. Manufacture of bamboo, rattan and other cane baskets and wares
16. Manufacture of cork products
17. Manufacture of wooden shoes, shoe lace and other similar products
18. Manufacture of miscellaneous wood products and those n.e.c.
19. Manufacture of miscellaneous furniture and fixture except primarily of
metals and those n.e.c.
20. Manufacture of paper stationary, envelopes and related articles
21. Manufacture of dry ice
22. Repacking of industrial products e.g. paints, varnishes and other
related products
23. Iron-work assembly
24. Ice Plants and Cold Storage.
(8)
I-2 Medium Industrial Zones -covers those industries that are pollutive/nonhazardous, and pollutive/hazardous manufacturing and processing establishments.
Enumerated below are the allowable uses:
(a) Pollutive/Non-Hazardous Industries
1.
Manufacture and canning of ham, bacon and native
2.
Poultry processing and
sausage
3.
Large-scale manufacture of ice
canning
4.
Corn mill/Rice
cream
5.
Chocolate and cocoa
mill
6.
Candy
factory
7.
Chewing gum
factory
8.
Peanuts and other nuts
factory
9.
Other chocolate and confectionery
factory
10.
Manufacture of flavoring extracts
products
11. Manufacture of food products n.e.c (vinegar, vetsin)
12. Manufacture of fish meal
13. Oyster shell grading
14. Manufacture of medicinal and pharmaceutical preparations
15. Manufacture of stationary, art goods, cut stone and marble products
16. Manufacture of abrasive products
17. Manufacture of miscellaneous non-metallic mineral products n.e.c.
18. Manufacture of cutlery, except table flatware
19. Manufacture of hand tools
20. Manufacture of general hardware
21. Manufacture of miscellaneous cutlery hand tools and general hardware
n.e.c.
22. Manufacture of household metal furniture
23. Manufacture of office. store and restaurant metal furniture
24. Manufacture of metal blinds, screens and shades
25. Manufacture of miscellaneous furniture and fixture primarily metal n.e.c.
26. Manufacture of fabricated structural iron and steel
27. Manufacture of architectural and ornamental metal works
28. Manufacture of boilers, tanks and other structural sheet metal works
29. Manufacture of other structural products n.e.c.
30. Manufacture of metal cans, boxes and containers
31. Manufacture of stamped coated and engraved metal products
32. Manufacture of fabricated wire and cable products
33. Manufacture of heating, cooking and lighting equipment except electrical
34. Sheet metal works generally manual operation
35.
Manufacture of other fabricated metal products except machinery and
equipment n.e.c.
36.
Manufacture or assembly of service industry machines
37.
Manufacture or assembly of sewing machine
38.
Manufacture or assembly of elevators and escalators
39.
Manufacture or assembly of cooking ranges
40.
Manufacture or assembly of water pumps
41.
Refrigeration industry
42.
Manufacture or assembly of other machinery and equipment except
electrical n.e.c.
43.
Manufacture and repair of electrical apparatus
44.
Manufacture and repair of electrical cables and wires
45.
Manufacture of electrical cables and wires
46.
Manufacture of other electrical industrial machinery and apparatus n.e.c.
47.
Manufacture or assembly of electric equipment radio and television,
tape recorders, stereo
48.
Manufacture or assembly of radio and television transmitting, signaling
and detection equipment
49.
Manufacture or assembly of telephone and telegraphic equipment
50.
Manufacture of other electronic equipment and apparatus n.e.c.
51.
Manufacture of industrial and commercial electrical appliances
52.
Manufacture of household cooking, heating and laundry appliances
53.
Manufacture of other electrical appliances n.e.c.
54.
Manufacture of electric lamp fixtures
(b) Pollutive/Hazardous Industries
1. Flour Mill
2. Cassava flour mill
3. Manufacturing of coffee
4. Manufacturing of unprepared animal feeds, other grain milling n.e.c.
5. Production prepared feeds for animals
6. Cigar and cigarette factory
7. Curing and redrying tobacco leaves
8. Miscellaneous processing tobacco leaves, n.e.c.
9. Weaving hemp textile
10.
Jute spinning and weaving
11.
Miscellaneous spinning and weaving mills, n.e.c
12.
Hosiery mill
13.
Underwear and outwear knitting mills
14.
Fabric knitting mills
15.
Miscellaneous knitting mills n.e.c.
16.
Manufacture of mats and mattings
17.
Manufacture of carpets and rugs
18.
Manufacture of cordage, rope and twine
19.
Manufacture of related products from abaca, sisal, henequen, hemp,
cotton, paper, etc.
20.
Manufacture of linoleum and other surfaced coverings
21.
Manufacture of artificial leather, oil cloth and other fabrics except
rubberized
22.
Manufacture of coir
23.
Manufacture of miscellaneous textile, n.e.c.
24.
Manufacture of rough lumber, unworked
25.
Manufacture of worked lumber
26.
Resawmills
27.
Manufacture of veneer, plywood and hardwood
28.
Manufacture of doors, windows and sashes
29.
Treating and preserving of wood
30.
Manufacture of charcoal
31.
Manufacture of wood and cane blinds, screens and shades
32.
Manufacture of containers and boxes of paper and paper boards
33.
Manufacture of miscellaneous pulp and paper products, n.e.c.
34.
Manufacture of perfumes, cosmetics and other toilet preparations
35.
Manufacture of waxes and polishing preparations
36.
Manufacture of candles
37.
Manufacture of inks
38.
Manufacture of miscellaneous chemical products, n.e.c.
39.
Tire retreating and rebuilding
40.
Manufacture of rubber shoes and slippers
41.
Manufacture of industrial and moulded rubber products
42.
Manufacture of plastic footwear
43.
Manufacture of plastic furniture
44.
Manufacture of other fabricated plastic products, n.e.c.
45.
Manufacture of table and kitchen articles
46.
Manufacture of pottery, china and earthen ware, n.e.c.
47.
Manufacture of flat glass
48.
Manufacture of glass containers
49.
Manufacture of miscellaneous glass and glass products, n.e.c.
50.
Manufacture of clay bricks, clay tiles and hollow clay tiles
51.
Manufacture of miscellaneous structural clay products, n.e.c.
52.
Manufacture of structural concrete products
53.
Manufacture of asbestos products
54.
Manufacture of engines and turbines except motor vehicles, marine
and aircraft
55.
Manufacture of metal cutting, shaving and finishing machinery
56.
Manufacture of wood working machinery
57.
Manufacture, assembly, rebuilding, repairing of food and beverage
making machinery
58.
Manufacture, assembly, rebuilding, repairing of textile machinery and
equipment
59.
Manufacture, assembly, rebuilding, repairing of paper industry
machinery
60.
Manufacture, assembly, rebuilding, repairing of printing, trade machinery
and equipment
61.
Manufacture of rice mills
62.
Manufacture of machines for leather and leather products
63.
Manufacture of construction machinery
64.
Manufacture of machines for clay, stove and glass industries
65.
Manufacture, assembly, repair, rebuilding of miscellaneous special
industrial machinery and equipment, n.e.c.
66.
Manufacture of dry cells, storage battery and other batteries
67.
Boat building and repairing
68.
Manufacture of locomotives and parts
69.
Manufacture of railroad and streetcars
70.
Manufacture or assembly of automobiles, cars, buses, trucks and
trailers
71.
Manufacture of wood furniture including upholstered
72.
Manufacture of rattan furniture including upholstered
73.
Manufacture of box beds and mattresses.
(9) Institutional zones shall be characterized by governmental, and protective uses as
well as institutional and social services for the entire community and shall be
characterized further by specialized governmental agencies providing institutional,
protective, security and social services for the region or the country as a whole, and
which are governed by specialized regulations, including mental hospitals, rehabilitation
and training centers, military and security services
Principal Uses:
5.
6.
Elementary schools
7.
8.
9.
10. Chapel
11. Barangay Centers
12. Maternity Hospitals
13. National executive, judicial, legislative and related facilities and activities
14. Government Buildings
15. Tertiary and provincial hospitals and medical centers
16. National museums and galleries
17. Art Galleries
18. Planetarium
19. Colleges or Universities
20. Vocational and technical schools, special training
21. Convents and seminaries
22. Welfare and charitable institutions
23. Fire and police station buildings
24. Local museums and libraries
25. University complexes; and
26. Penal Institutions
(10) Parks And Recreation Zones -shall be characterized by park facilities and
amusement centers, resort establishments including marine and coastal resorts,
playgrounds, scenic areas and environmental conservation and protection areas.
In parks and recreation zone, only the following uses are permitted:
1.
2.
3.
4.
5.
Horticultural nursery
6.
Plazas
7.
Arboretum
8.
9.
(13) CEM -Cemetery Areas -consist of public and private graveyards and
above-ground burial areas.
(14) PLAND - Planned Areas for Necessary Development - Areas characterized by
the planned unit development concept and innovative development techniques,
including mixed dwelling, commercial, institutional and other compatible uses.
ARTICLE V
GENERAL DISTRICT REQUIREMENTS
SECTION 1. Building or Structure Use. - No building, structure or land shall
hereafter be occupied or used and no building or structure or part thereof shall be
erected, constructed, moved or structurally altered except in conformity with the
provisions of this Comprehensive Zoning Ordinance.
SECTION 2. -Yard, off-street Parking Space -No part of a road, 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
neighboring building. However, this shall not apply to building/s with common party
walls or adjacent building lines, in which case, only the yard for the free or
non-abutting sides will be required.
SECTION 3. 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. "Such shall, however, be subject to additional parking
requirements as evaluated by the Office of Land Use and Zoning Administration
based on Presidential Decree No. 1096".
SECTION 4. Advertising and Business Signs. -Advertising and business signs to
be displayed or put up for public view in any of the district herein enumerated must
comply with existing laws, rules and regulations. Further they shall not be allowed
along scenic areas of parks and recreation zones and historical landmarks within one
hundred (100) meters radius.
SECTION 5. Erection of More Than One Principal Structure. -In any district where
more than one structure may be permitted to be erected on a single lot, the yard and
other requirements of this Ordinance shall be met for each structure as though it were
to be erected on an individual lot.
SECTION 6. Dwelling on Rear Lots. -No building used or designed to be used as
residence shall be allowed in any rear lot unless such lot has a right-of-way easement
over a path of at least four (4) meters leading to a street. Two (2) or more buildings,
however, may be allowed on a common path if the right-of-way easement is at least
six (6) meters wide.
SECTION 7. Structure to Have Access. -Every building hereafter erected or moved
shall have access to a public street or to a private street open to the public and all
structures shall be so located on lots so as to provide safe and convenient access for
re-servicing fire protection units.
SECTION 8. Yard Requirements Along a District Boundary Line. -Lots abutting on
a district boundary line shall conform to the yard requirements of the more restrictive
district bounded by the line.
SECTION 9. Dwelling Group. -When it is impractical to apply the requirements of
these Zoning Regulations to individual building unit in a residential compound,
consisting of two or more buildings, a permit for the construction of such compound
may be issued provided that the plan thereof conform to the following conditions:
That the buildings are to be used only for residential purposes and such uses
are permitted in the district where the compound is located;
That the average lot area per family of dwelling unit in the compound,
exclusive of the area used or to be used for streets or driveways, is not less
than the lot area per family required in the district;
That there is provided, within the tract on which the residential compound is to
be located, an open space for playground purposes with an area equivalent to
at least an aggregate area of five (5%) percent of the required lot area per
family, but in no case less than one hundred square meters; provided that
where the residential compound is intended for less than ten families, the
setting aside of such area for playground purposes may be dispensed with;
and provided further, that an open space may be used as part of the yard
requirements for the compound; and
That there is provided within the tract on which the residential compound is to
be erected or immediately adjacent thereto, an adequate private garage or
off-street parking area, depending on the needs of the residents and their
visitors.
SECTION 10. Height Regulations
a. To promote and protect public health, safety, peace, morals,
comfort,convenience and the general welfare of inhabitants of the City
ofCaloocan;
b. To guide, control and regulate future growth and development
inaccordance with the Land Use and Structure Plans for the City
ofCaloocan;
c. To protect the character and stability of residential, commercial,
industrial,institutional, parks and open spaces within Caloocan City and
promote theorderly and beneficial development of the areas and the
protection of the environment;
d. To provide adequate light, air, privacy and convenience of access
toproperty and to insure safety from fire and other dangers;
e. To prevent overcrowding on land and undue concentration of population;
f. To regulate the location and use of buildings and land in such a manner
as to obviate the danger to public safety caused by undue
interferencewith existing or prospective traffic movements on streets and
thoroughfares.
Where
R1 district adjoins a C2 district without an intervening street or
SECTION 10.
Heightan
Regulations
permanent
open spaces over 6 meters in width and where zoning lots
N 10. Height
Regulations
separated by district boundaries have adjacent front yards, the proposed
Height Regulations
Regulationsstructure fronting the R1 district shall be limited to a height of 12 meters
or four-storey building whichever is lesser.
ons
a.
b. Where an R1, or R2 district adjoins a C2 or C3 without an intervening
street or permanent open spaces over three (3) meters in width, the
proposed
structure
of C2
C3 district adjacent to R1 zone shall be
part of the
structure
whichever
is or
lower.
limited to a height of nine (9) meters from the natural grade line to the top
most part of
the structure
three-storey
building whichever
is lower and
SECTION 11. Performance
Standards.
-Allor
land
uses, development
or construction
provide
for permanent open space over three (3) meters between
shall conform to theshall
following
standard:
adjoining land uses.
Noise and Vibrations. All noise and vibration-producing machinery shall be
c. Where an R1, R2 or R3 district adjoins an I-1 or I-2 zone without an
enclosed in a building and shall be provided with effective, noise-absorbing
intervening street or permanent open spaces over eight (8) meters in
materials, noise silencers and mufflers, and an open yard of a distance of not
width, the proposed industrial structure fronting the residential zone shall
less than twenty (20) meters from the street or adjoining property lines and
be limited to a height equivalent to 9 meters or three-storey building
property planted to dense trees as buffers. To minimize vibration, a machinery
whichever is lower and shall provide for permanent open space over
should be mounted on shock-absorbing mountings, such as cork set or
three (3) meters between adjoining land uses.
reinforced concrete foundations or a floating isolated foundation set on piles, as
neededd.by the machinery concerned, to reduced all noise and vibration to a
Structures within R-1 zones shall not exceed three (3) storeys or a height
reasonable minimum. Noise, which is objectionable due to intermittance, beat
of ten (10) meters, from the natural grade line to the topmost part of the
frequency or high pitch shall not be allowed unless enclosed in sound-proof
structure whichever is lower.
building as tested and approved by the city officials concerned.
e.
Structures within R-2 zones shall not exceed seven (7) storeys or a
height of twenty-one (21) meters, from the natural grade line to the
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height of thirty-six (36) meters, from the natural grade line to the topmost
Dust, dirt and fly ash. The emission of dust, dirt, or fly ash from any source or
activity which shall 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 shall dust, dirt, or fly ash be allowed to exceed 0.3 gram per
cubic meter of flue gas at stack temperature of 0 centigrade or to create a haze
with opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart.
Odor and gases. The emission of foul odors and gases deleterious to public
health, safety and general welfare shall not be permitted. Activities emitting foul
odors and obnoxious gases shall be enclosed by airtight buildings provided
with air-conditioning system, filters, deodorizing and other air cleaning
equipment.
Glare and heat. Glare and heat from any operation or activity shall not be
allowed to be radiated, seen or felt from any point beyond the limits of the
property.
Industrial wastes. Industrial plant wastes shall be disposed of only in a manner
which will not create any nuisance or danger to adjoining properties or to the
community in general.
Sewerage disposal. No sewerage dangerous to the public health, safety and
general welfare shall be discharge into any public sewer system, natural
waterway of drainage channel. In addition to the following requirements, all
sewerage shall comply with pertinent requirements of the Laguna Lake
Development Authority.
Acidity or alkalinity shall be neutralized to a PH of between 6.5 and
8.5 as a daily average to a volumetric basis with a temporary variation of
5.0 to Ph 10.0.
Wastewater shall not contain grease and oil in excess of 300 PPM or
exceed a daily average of 10 PPM.
SECTION 12. Pollution Control. -For effective pollution control, all locational
clearance granted for industrial activities must be subject to the condition of
compliance with the local Environment and Natural Resources Office, Laguna Lake
Development Authority and Department of Environment and Natural Resources rules
and regulations.
SECTION 13. Provision for a Buffer strip of a minimum of three (3) meters planting
strip is required along the periphery of all industrial zones.
SECTION 14. Petition to Homeowner's Association or Barangay. -Where a person
plans to establish a certain use/activity which will necessarily affect the character of a
residential zone in terms of traffic to be generated and/or opening the area to outsiders
which may result in loss of privacy of its residents, the prior approval of a majority of
the household heads of the homeowner's association or in its absence the barangay,
most especially the persons immediately adjacent to the proposed site, will have to be
secured as one of the pre-requisites for locational clearance and building permit.
ARTICLE VI
SUPPLEMENTARY REGULATIONS
SECTION 1. Innovative Techniques or Designs. - When it is impractical to apply the
requirements of these Comprehensive Zoning Ordinance to certain
developments, the proponent may apply for a permit with the Office of Land Use and
Zoning Administration on grounds of innovative development techniques, provided
that the following conditions are complied with:
The proposed land 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.
Both preliminary and final development plans must be submitted to the
Caloocan City Zoning Administrator for approval.
The preliminary plan must generally set forth any existing or proposed
arrangements of lots, streets, access points, buffer strips, and rail, water,
highway or other transportation arrangements and the relationship of the tract
of land involved to surrounding properties.
The final plan must, in addition to the above cited requirements,
described the noise, smoke, odor, vibration, dust, dirt, obnoxious gases, glare
and heat, fire hazards, industrial wastes and traffic which may be produced by
the development.
The area subject to application is a consolidated parcel of land of at
least two hectares.
SECTION 2. Special Use Permits. -A special use permit shall be required for each of
the following uses, subject to such terms and conditions as are hereunder prescribed:
a)
Dumping Sites
1
Adequate fencing shall be put up to prevent undue scattering of
wastes.
2
Eradication of rats and spraying of flies and the general
maintenance of the dumping site shall be the sole responsibility of the
proponent
3
The dumping site shall be located within at least one (1) kilometer
from the nearest residence.
4
Other sanitary requirements of the City and national agencies
concerned (Department of Health, Department of Environment and Natural
Resources, Laguna Lake Development Authority, etc.) shall be complied
with.
b)
Cemeteries
1
Proper maintenance of cemeteries shall be the exclusive duty of
the proponent and/or persons operating them.
2
Requirements set by the sanitation and water codes must be
complied with.
c)
e) Filling Stations
1
They must conform with standards set by the Department of
Energy.
2
Filling stations shall be located at least two hundred (200) meters
distance from the nearest schools, churches, hospitals and other similar
institutions.
3
They shall not constitute safety hazards in a community developed
entirely for residential purposes.
4
Buffer strip and adequate fire fighting equipment must be provided.
f)
Open Storage
1
Open storage shall be located within at least two hundred (200)
meters distance from schools, churches, hospitals and other similar
institutions.
2
Their sound maintenance shall be the sole responsibility of the
proponent.
g)
Abattoir/Slaughterhouse
1.
Abattoir shall be located one (1) kilometer radius from residential
and commercial areas as determined by the Office of Land Use and Zoning
Administration, provided that they shall not be located within the same
premises as public markets.
2.
A written authority to operate shall be secured from the Local
Health and Sanitation Office and other environmental management agency
by the applicant at least ninety (90) days before the intended date of
operation, and a notice shall be posted in the City Hall to determine public
opposition, if any, to the proposed abattoir.
3.
Proper waste disposal, odor control and other abatement
procedures must be adopted.
4.
The proponent shall obtain sworn statements of owners of land
immediately adjacent to the proposed site signifying their conformity or
non-conformity to the proposed activity as one of the pre-requisites for the
granting of a special use permit.
h)
Cockpits
1
They shall be located in parks and recreation zones, and shall be at
least two hundred meters (200 m.) distant from the nearest residential or
institutional use;
2
Adequate parking space and loading/unloading areas capable of
accommodating the maximum expected number of aficionados/ spectators
during major derbies shall be provided;
3
The applicant shall have the duty of maintaining the premises in
sanitary condition.
4
Other pertinent laws, rules and regulations of the national and local
governments shall be complied with.
ARTICLE VII
NON-CONFORMING USES, EXCEPTIONS AND VARIANCES
SECTION 1. Non-Conforming Uses and Buildings. -The lawful use of any building,
structure or land at the time of the adoption of this Comprehensive Zoning Ordinance
may be continued although such use does not conform with the provision of these
Zoning Regulations provided that:
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 (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 maybe reconstructed and used as before provided
that such reconstruction is not more than fifty percent (50%) of the damaged
area and shall in conformity with the provisions of this Ordinance.
5
That no such non-conforming may be enlarged or altered in a way
which increase its non-conformity, but any structure or portion thereof may be
altered to decrease its non-conformity.
In case of variances:
1
The property is unique and different from other properties in the
adjacent locality and because of its uniqueness, the imposition of the
regulations of this ordinance would cause undue hardship on the part of
the owner;
2
The hardship is not self-created;
3
The proposed variance is the minimum deviation necessary to
permit a reasonable use of the property;
4
The variance will not alter the essential 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
the same district or zone.
5
The variance will not weaken the general purposes of these
Zoning Regulation and will not adversely affect the public health, safety
and welfare.
6
The variance will be in harmony with the spirit of these Zoning
Regulations;
7
The variance is not sought solely for additional financial
advantage.
b)
In case of exceptions:
1.
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;
2.
The exception will not adversely affect the appropriate use of
other property in the same zone;
3.
The exception will not alter the essential character of the district
where the exception sought is located, and will be in harmony with the
general purposes of these Zoning Regulations;
4.
The exception will not weaken the general purpose of the
regulations established for specific district;
5.
The exception will promote innovative techniques or create or
protect a beneficial economic trend that would otherwise not be
possible;
6.
In cases of pollutive/hazardous or high category of industries,
they shall not be allowed in a residential area unless they cannot
feasibly be located elsewhere and the consent of adjacent homeowners
is secured; and
7.
For industries, a feasibility study should be submitted to the
Office of Land Use and Zoning Administration for evaluation and
approval.
ARTICLE VIII
ADMINISTRATION AND ENFORCEMENT
SECTION 1. Responsibility for Administration and Enforcement. -The
administration and enforcement of this Ordinance shall be vested with the City Mayor.
The Office of Land Use and Zoning Administration which shall be headed by the City
Zoning Administrator, shall be directly under the administration and supervision of the
City Mayor.
All owners/ developers/ government agencies shall secure Locational Clearance prior
to conduction of any activity or construction on their property / land. They will apply for
said clearance to the Office of Land Use and Zoning Administration which shall
evaluate the application and submit recommendation to the City Mayor without
prejudice to the City Chief Executives own evaluation. The locational clearance shall
be issued by the City Mayor.
SECTION 2. Monitoring. -The City Mayor in his capacity as head of Office of Land
Use and Zoning Administration shall have the power to monitor all projects granted
locational Clearances, variances, exceptions and special use permits as well as
projects granted business/license permit.
For this purpose, the City Mayor or a duly authorized representative is empowered to
enter the premises where aforementioned projects are being undertaken, during
reasonable hours of the day.
All agencies concerned that have previously issued locational clearances, variances,
exceptions, temporary use permit and special permit in accordance with the MMZO
No. 81-01 shall coordinate and furnish copy the Office of the Land Use and Zoning
Administration of clearances/permits issued.
SECTION 3. Procedure for Appeals. -Any person aggrieved by the decision or
action concerning the interpretation, administration or enforcement of this ordinance
may appeal with the City Zoning Board of Adjustment & Appeals.
Such appeal shall be taken within a reasonable time but not to exceed thirty
(30) calendar days from the receipt of the notice of the decision or action taken by the
Office of Land Use and Zoning Administration.
The person concern shall file the appeal with the Office of Land Use and Zoning
Administration and pay the corresponding appeal fee as provided in Section 7
of this article. The City Zoning Administrator shall transmit all papers constituting the
record upon which the action appealed from was taken.
The City Zoning Board of Adjustment and Appeals shall fix the date, time and place for
the hearing of the appeal, give due notice to the parties and decide the same within a
reasonable time but not exceeding thirty (30) calendar days from filing of the notice of
appeal. Decision of the City Zoning Board of Adjustment and Appeals may in turn be
appealed to the Housing and Land Use Regulatory Board within the period provided
for in the regulations and implementation of Executive Order No. 90.
Original decisions or actions of the City Zoning Board of Adjustment and Appeals may
likewise be appealed to the Housing and Land Use Regulatory Board.
Failure of the aggrieved party to make any appeal within the time specified shall
cause the decision to become final and executory. The City Mayor may call on the
City Sheriff as well as law enforcement agencies for assistance in the exercise of their
functions.
SECTION 4. Creation of City Zoning Board of Adjustment and Appeals
(CZBAA.). -The City Development Council (CDC) shall create a sub-committee which
shall act as the City Zoning Board of Adjustment and Appeals composed of the
following members:
1.
City Mayor as
Chairman
2.
City Legal
Officer
3.
City
Assessor
4.
City
Engineer
5.
City Planning and Development
Coordinator
6.
City
Architect
7.
City Building
Official
8.
ABC
President
9.
Chairman of Committee on Land Use, Sangguniang
Panlungsod
10. City Environmental and Natural Resources Officer
11. Two (2) representatives from Private Sector
SECTION 5. Functions and Responsibilities of the City Zoning Board of
Adjustment and Appeals. -The City Zoning Board of Adjustment and Appeals shall
perform the following functions and responsibilities.
Act on complaints and opposition to applications for Locational
Clearance
Act on appeals on grant or denial of Locational Clearance by the Office
of Land Use and Zoning Administration.
SECTION 7. Functions of The City Review Committee -The City Zoning Review
Committee, which shall be attached to the City Development Council, shall have the
following powers and functions.
A. Review the Zoning Ordinance for the following purposes:
1
Determine amendments or revisions necessary in the Zoning
Ordinance because of changes that might have been introduced in the
Comprehensive Land Use Plan.
2
Determine changes to be introduced in the Comprehensive Land Use
Plan in the light of permits given, and exceptions and variances granted.
3
Identify provisions of the Ordinance difficult to enforce or are
unworkable.
b) process and evaluate all other projects applying for building permits
not requiring locational clearance;
c)
Use and Zoning Administration for its personnel, maintenance and operating expenses
shall be as follows:
a) Application/Filing Fee
Application for locational clearance irrespective of whether approved or not,
motions for reconsideration and filing of complaint are as follows.
1. Locational Clearance . . . . . . . . . . . . .
2. Motion for Reconsideration . . . . . . . . . . .
100.00
200.00
3. Petition, requests for reclassification . . . . . . . .
500.00
4. Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .P
. . . .P
. . .P
. .P
450.00
8.
Yards utilized for commercial/industrial.P 3.00/sq.
m. purposes of TLA
9.
Other ancillary structures according to category of
principal building/structure
10. All types of renovation .. 75% of the corresponding prescribed rate
11. Payment under schedule (b) shall be made prior to the release of approved
applications.
12. Government
projects except government-owned or controlled
corporations are exempted from paying the prescribed fees.
d)
e)
For each certificate of non-conformance/conformance and all other
certification issued..P 100.00
Surcharge of twenty five (25%) percent based and added to the corresponding
processing fee plus interest of fourteen (14%) percent per annum shall be
imposed on all structures/operations without any locational clearance or
certificate of conformance/non-conformance upon implementation of this
Ordinance.
Upon recommendation of the City Zoning Administrator, the City Mayor may
increase by not more than fifty (50%) percent nor may decrease by not more
than twenty-five (25%) percent and not oftener than once a year all rates herein
prescribed.
SECTION 12. Permit for Innovative Techniques.
a)
Initiation
Any person who wishes to apply for a permit for innovative techniques
shall secure the appropriate form from the Office of Land Use and
Zoning Administration, provided that the terms and conditions specified
in Article VI, Section 1 are met.
b) Procedure
1
A certificate of non-conformance shall be secured from the Office
of Land Use and Zoning Administration.
2
All requests for such certificate shall be made in writing, stating
the reasons for non-conformance and accompanied by a 1:10,000 vicinity
map showing the exact location of the non-conforming use, lot or
structure. The ten-year program of activities for phase-out and relocation
of the non-conforming use shall also be submitted.
3
The request for such certificate shall be acted upon and
transmitted to the appropriate parties within fifteen (15) days from the
receipt of the request.
Initiation
A certificate of variance or exception/deviation may only be granted by
the Office of Land Use and Zoning Administration when the terms and
conditions specified in Article VII, Section 3 are met.
a)
Initiation
1.
The applicant shall secure the appropriate form for such
application from the Office of Land Use and Zoning Administration. The
application form shall contain but not be limited to the following:
ARTICLE IX
SPECIAL PROVISIONS
SECTION 1. Maintaining a linear park along Tullahan -Tenejeros River and other
Major waterways within the city. In consonance with the provisions of Presidential
Decrees No. 296 (Water Code), a minimum setback of ten (10) meters from existing
shoreline, banks or streams shall be maintained as a linear park.
Should there be a change in the existing banks of the river or streams, the setback
shall be construed as moving with the actual river banks.
SECTION 2. Construction Along or within the linear park. -In order to achieve the
objectives of these provisions, any type of construction, alteration, physical
development along the linear park must be coursed through the City Development
Planning Department and other proper authorities prior to the issuance of other
necessary permits and/or clearances. Likewise, construction within the linear park
shall only be those which are accessories/utilities for a park that will benefit the public.
SECTION 3. Maintenance of the park. -The maintenance of the linear park shall be
the responsibility of the concerned Barangay, and the City Government for monitoring
and coordination.
SECTION 4. Socialized housing zone Areas occupied by numerous underprivileged
and homeless residents, qualified for Socialized Housing Program under the Republic
Act. 7279 or the Urban Development and Housing Act shall be declared as Socialized
Housing Zone regardless of its land use and zoning classification provided herein. All
government programs and projects must sustain efforts to provide basic housing
services for the actual residents thereat.
ARTICLE X
FINAL PROVISIONS
SECTION 1. Penal Provision. - Any applicant, proponent, proprietor, owner or
representative who undertakes any project or activity in violation of the Comprehensive
Zoning Ordinance, and the conditions appearing in the locational clearance, or who
commits fraud or misinterpretation in connection with an application for a locational
clearance, or any proceeding before the Office of Land Use and Zoning Administration,
or who commences or undertakes any project without having first secured a locational
clearance, or who refuses admission within any premises subject to inspection to a
duly authorized inspector, or who without justifiable reason fails or refuses to appear or
to deliver the required books, papers and documents in the course of an investigation
being conducted by the Office of Land Use and Zoning Administration shall be
penalized, after notice and hearing, by a fine in an amount not less than One
Thousand (1,000) but not exceeding Five Thousand Pesos (P5,000), or an
imprisonment for a period not exceeding one (1) year or both at the discretion of the
Court.
If the violation is committed by a firm, corporation or partnership, the manager,
managing partners, directors or any other person charged with the management shall
be held responsible. Any government employee who is found to have aided or assisted
any person in the commission of any of the aforementioned acts shall be liable as
provided for by this section.
In addition to the foregoing, the City Mayor is hereby empowered to order the closure
or stoppage of any project/activity being undertaken in violation of this
Comprehensive Zoning Ordinance.
SECTION 2. Repealing Clause. All ordinances, subdivision regulations or parts
thereof which are contrary to or inconsistent with any provision of these regulations are
hereby repealed or modified accordingly.
SECTION 3. Effectivity Clause. This Ordinance shall take effect upon its approval.
.
APPROVED:
Attested by:
FRANCISCO M.O. VEZA EDGAR M. LERO
Secretary to the Mayor Board Secretary IV