ZONING ORDINANCE & ESSENTIALS

Learning Objectives
To be able to understand the following:
Zoning Ordinance and Essentials
Scope of lecture
Zoning Ordinance
Pro-forma Zoning Ordinance
Zoning Ordinance Essentials
Articles 1-IX
Sample of Zoning Ordinance
ZONING ORDINANCE
It is a locally enacted ordinance which embodies among others, regulations
on the allowed uses in each zone or district.
An implementing tool of the CLUP, to regulate land use and to achieve the
desired development strategy.

WHAT IS A ZONING ORDINANCE PRESENTS ?

1. Regulations showing how each zone will be used.

2. What land use activities area allowed without any conditions.
3. Type of development that could take place after certain conditions are
complied with.
4. What activities are not allowed.
Difference Between A Land Use Plan and A Zoning Ordinance
Land Use Plan:
A proposal or the future use of the land based on sound planning principles
and forms part of the official document known as the Comprehensive
Development Plan.
Zoning Ordinance:
The translation of a Land Use Plan into a legally enforceable documents,
complete with penal
provisions and adopted by the Sangguniang Bayan/Panlungsod in accordance
with law.
Zoning Ordinance:
The translation of a Land Use Plan into a legally enforceable documents,
complete with penal provisions and adopted by the Sangguniang
Bayan/Panlungsod in accordance with law.
What Does Zoning Regulate?

1. Use:
The conventional use categories are residential, commercial,
industrial and agricultural which are referred to residential zone, commercial
zone and industrial zone.
2. Off-Street Parking: Zoning Regulations contain off-street parking
requirements to ensure that new or proposed developments provides parking
to prevent congestion and traffic.
3. Building Bulk: This is achieved by requiring set-back provisions on the
front; side and rear yards; limiting building heights and the area that may be
covered by buildings.
4. Population Density: Regulating the size of lots and limiting the number
of families per hectare or setting a minimum required lot area for each family.

Why Do Communities Engage In Zoning?

1. It guides, controls and regulates the future growth and development of the
community in accordance with its development plan.
2. It protects the character and stability of the various zones because it
reduces the likelihood of undesirable development taking place.
3. The requirement of set-back provisions, minimum lot sizes, building
heights and bulk-ensures the provisions of adequate light; air, privacy and
convenience of access to property by the population.
4. It promotes and protects the health, safety, peace comfort, convenience
and general welfare of the population within the community. The location of
activities is made on the basis of what would be convenient for the
population and would safeguard them from danger to life and safety.

5. Other matters regulated by the zoning ordinance are landscaping, signs,

appearance of structures, loading and view protection.

Basic Limitations of Zoning

1. Cannot be used to confiscate private properties.
2. Cannot control the use of land or property solely for aesthetic reasons.
Existing Non-Conforming Use
All land uses which, are existing at the time of the adoption of the
ZO which had become non-conforming use may be allowed to exists but:
1. Shall not be enlarged or extended to occupy greater area/ nor moved in
whole or in part, to
any portion of the land.
2. Shall not be allowed or revive as non-conforming use once ceased to
operate for more than
a year.
3. Idle/ vacant structure may not be used for non-conforming activity.
4. In case damaged, may be allowed to repair but 50% only of its
replacement cost, Repair of
replacement cost will not be allowed except in conformity with the ZO.
5. No conforming use maybe moved to displace any conformity use.
6. No conforming structure may be enlarged or altered in a way which will
increase its
conformity, but may be altered to decrease its non-conformity.
(Owner of non-conforming use shall phase out and relocate within ten years
from affectivity of the ZO)
ZONING ORDINANCE component
SB/SP Resolution enacting the ZO
Title and objectives of the Ordinance
Substantive Elements
- Definition of Terms
- Zone Classification
- Zone Regulations
- General District Regulation
- Innovative Techniques
- Miscellaneous Provisions
- Mitigating Devices
- Administration and Enforcement
- Zoning Map
Article 2 Authority and Purpose
AUTHORITY Local Government Code Sec. 458 and 447
PURPOSE
General Zoning Principle

Based on the approved Comprehensive Land Use Plan as per SB/SP

Resolution No. date______

Who enacts Zoning Regulations?

The functions of enacting zoning regulations in cities and municipalities
belongs to the local
legislative councils:
Sangguniang Bayan
Sangguniang Panlungsod
Article 3 Definition of Terms
Same meaning as in already approved codes and regulations such as
- National Building Code
- Water Code
- Philippine Environment Code
- HLURB IRR
Certificate of Non-Conformance certificate issued to Owners of nonconforming uses as provided in this Zoning Ordinance.
Central Business District (CBD) shall refer to areas designated principally
for trade,
services and business purposes.
Rezoning a process of introducing amendments to or change in the
existing zoning of a
particular area and reflected in the text and maps of the Ordinance.
Buffer/Greenbelt Zone (B/GZ) an area within a city/municipality that are
yards, parks or open spaces intended to separate incompatible elements or
uses to control pollution/
nuisance and for identifying and defining development areas or zones where
no permanent structures are allowed.
Compatible Uses different uses capable of existing harmoniously within a
zone, e.g.
residential and parks and playground uses subject to the conditions
stipulated in the Zoning Ordinance.
Conflicting Uses uses or land activities with contrasting characteristics
and adjacent to each other e.g. residential units adjacent to industrial plants.
Conforming Uses a use that is in accordance with the zone regulations as
provided for in the Ordinance
Exception a device which grants a property owner relief from certain
provisions of the 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.
IPRA shall mean the Indigenous Peoples Rights Act of 1997
(Republic Act 8371).
Locational Clearance (LC) a clearance issued by the Zoning
Administrator/Zoning Officer to a project that is allowed under the provisions
of this Ordinance.
Locational Clearance (Exception) (LC-E) a clearance issued by the LZBA
to a project that is allowed under the Mitigating Device/Exception provision of
this Ordinance.

Locational Clearance (Variance) (LC-V) a clearance issued by the LZBA

to a project that is allowed under the Mitigating Device/Variance provision of
this Ordinance.
Zoning Administrator/Zoning Officer a city/municipal government
employee responsible for the implementation/enforcement of the Zoning
Ordinance.
Zoning Certificate a document issued by the Zoning Administrator citing
the zoning classification of the land based on this Ordinance.

Different Types of Zones / Districts

1. General Residential Zone
2. Socialized Housing Zone
3. Low Density Residential Zone
4. Medium Density Residential Zone
5. High Density Residential Zone
6. General Commercial Zone
7. Low Density Commercial Zone
8. Medium Density Commercial Zone
9. High Density Commercial Zone
10. Light Industrial Zone
11. Medium Industrial Zone
12. High Industrial Zone
13. General Industrial Zone
14. Special Industrial Zone
15. Agricultural Zone
16. Agro-Industrial Zone
17. Forest Zone
18. Parks & Recreation Zone
19. Water Zone
20. Tourism Zone
(TZ)

(GRZ)
(SHZ)
(R-1)
(R-2)
(R-3)
(GCZ)
(C-1)
(C-2)
(C-3)
(I-1)
(I-2)
(I-3)
(GIZ)
(SIZ)
(AGZ)
(AIZ)
(FZ)
(PRZ)
(WZ)

Article IV Zone Classification

ZONING MAPS
adopted as integral part of the Ordinance
Designation, location and boundaries of the districts/zones are
shown and indicated.
Shall be signed by the LCE
Authenticated by the Sangguniang Panlalawigan
Drawn at a scale of 1:2000 1:4000 for Urban Growth Areas
Drawn at a scale of 1: 5000 1:25000 for whole munic

DIVISION INTO ZONES OR DISTRICTS

Residential General Residential Zone
Low-Density Residential Zone (R-1)
Medium Density Residential Zone (R-2)
High-Density Residential Zone (R-3)
Socialized Housing Zone (SHZ)
Commercial- Low Density Commercial Zone (C-1)
Medium Density Commercial Zone (C-2)
High-Density Commercial Zone (C-3)
Industrial - Light Industrial Zone (I-1)
Medium Industrial Zone (I-2)
Heavy Industrial Zone (I-3)
Institutional - General Institutional Zone (GIZ)
Special Institutional Zone (SIZ)
Agricultural (AGZ)
Agro-industrial (AIZ)
Forest FZ
Parks and Other Recreational Zone (PRZ)
Water Zone (WZ)
Tourist Zone (TZ)

DIVISION INTO ZONES OR DISTRICTS Residential

General Residential Zone (GR-Z) an area within a city/municipality intended
principally for dwelling/
housing purposes.
Residential Communities are : Sundivisions, Apartments and
Condominiums
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
density of 20 dwelling units and below per hectare.

Residential-1 Zone (R1-Z) an area within a city/municipality intended for

low density residential use. Per the National Building Code, R-1 Zone is
characterized mainly by low-rise single-detached and duplex residential
buildings for exclusive use as single (nuclear) family dwellings.
Medium Density Residential Zone (R-2)
Shall be for housing /dwelling PURPOSES i.e. 21 to 65 dwelling units
per hectare.
Residential-2 Zone (R2-Z) an area within cities or municipalities intended
for medium density residential use. Per the National Building Code, R-2 Zone
is characterized mainly by low-rise single-attached, duplex or multi-level
structures residential buildings for exclusive use as multi-family dwellings.
High-Density Residential Zone (R-3)

An R-3 shall be for housing/ dwelling purposes of high density i.e.

66 or more dwelling units per hectare.
Residential-3 Zone (R3-Z) an area within cities or municipalities intended
for medium to high density residential use. Per the National Building Code, R3
Zone is characterized mainly by low-rise or medium-rise residential buildings
for exclusive use as multi-family dwellings with mixed housing types.

Socialized Housing Zone (SH-Z) an area in a city/municipality designated for

socialized housing
projects. An SHZ shall be used principally for socialized housing/ dwelling
purposes for the underprivileged and homeless as defined in RA 7279.
Allowable uses:
1. All uses allowed in General Residential Zone, R1,R2 and R3 Zones
DIVISION INTO ZONES OR DISTRICTS Commercial
Low Density Commercial Zone (C-1-Z)
- a low density commercial area within a city/municipality intended for
neighborhood or
community scale trade, service and business activities.
Medium Density Commercial-2 Zone (C2-Z)
a medium to high density commercial area within a city/municipality
intended for trade,
service
and
business
activities
performing
complementary/supplementary functions to the CBD
High-Density Commercial Zone (C-3)
- Commercial-3 Zone(C3-Z) a high density commercial area within a
city/municipalityintended
- for regional shopping centers such as large malls and other commercial
and business activities which are regional in scope or where market
activities generate trafficand 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. This zone may also be
called as the Central Business District (CBD).

INDUSTRIAL ZONE
Industrial-1 Zone (I1-Z) an area within cities/municipalities intended for light
manufacturing or production industries that are:
a. non-pollutive/non-hazardous; and
b. non-pollutive/hazardous
Industrial-2 Zone (I2-Z) an area within cities or municipalities intended for
medium intensity manufacturing or production industries that are:
a. pollutive/non-hazardous; and
b. pollutive/hazardous.
Industrial-3 Zone (I3-Z) an area within cities or municipalities intended for
heavy manufacturing or production industries that are:
a. highly pollutive/non-hazardous
b. highly pollutive/hazardous
c. highly pollutive/extremely hazardous
d. pollutive/extremely hazardous
e. non-polllutive/extremely hazardous

DIVISION INTO ZONES OR DISTRICTS Institutional

General Institutional Zone (GI-Z) - an area within city/municipality intended
principally for general
types
of
institutional
establishments,
e.g.
government
offices,
hospitals/clinics, academic/research and convention centers.
Special Institutional Zone (SIZ) an area in city/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.
Agricultural (AGZ)- an area within a city/municipality intended for the cultivation
of the soil, planting
of crops, growing of trees, raising of livestock, poultry, fish or aquaculture
production, including the harvesting of such farm products, and other farm
activities and practices performed in conjunction with such farming
operations
(AFMA) Agri-Industrial Zone (AgIndZ)- an area within a city/municipality
intended primarily for
integrated farm operations and related product processing activities such as
plantation for bananas, pineapple, sugar, etc.
Forest Zone (FZ) - an area within a city/municipality which are intended primarily
for forest purposes.
This includes Forest Lands and areas outside of Forest Lands that are
declared for forest purposes by this Ordinance.
Parks and Other Recreational Zone (PR-Z) - an area in a city/municipality
designed for

diversion/amusements and for the maintenance of ecological balance.

Tourism Zone (TZ) - are sites within cities and municipalities endowed with
natural or
manmadephysical attributes and resources that are conducive to recreation,
leisure and
otherwholesome activities.
Water Zone (WZ) are sites within cities and municipalities endowed with natural
or manmade physical
attributes and resources of water be it in body of water .
Per Republic Act No. 8550 or the Philippines Fisheries Code of 1998,
this zone covers the Municipal Waters which include not only streams, lakes,
inland bodies of water and tidal waters within the (city) municipality which
are not included within the protected areas as defined under Republic Act No.
7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery
reserves, but also marine waters(boundary delineation defined in the
Fisheries Code).

Article V Zone Regulations

Local Zoning Board of Adjustment and Appeals may allow other uses not
enumerated 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 socio-economic potential of the locality with due regard to maintenance
of 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)

USE REGULATIONS IN GRZ

A GRZone shall be used principally for dwelling/ housing purposes so
as to maintain peace and quiet of the area within the zone.
- Detached family dwelling
- Multi-family dwelling
- Apartment
- Pension House, Dormitory, Boarding H.
- Customary accessory uses
- Home occupation dressmaking, tailoring, sari-sari store, baking
provided:
Number of persons less than 6
No change in outside appearance of building
No traffic generated
No noise, vibration, fumes, odor, electrical interference

Home Industry provided:

not occupy more than 30% of floor area of dwelling unit
allotted capitalization not exceeding DTI standards for home
industry
same provisions as in Home Occupation
Recreational facilities
Nursery, Elementary school, High School, Vocational school
Sports Club
Religious Use
Multi-purpose Hall/Barangay Hall
Clinic, nursing and convalescing home, health center
Plant nurseries
Offices
General retail stores and shops
Food markets
Personal/service shops
Recreational center/establishments
Restaurants and other eateries
Short-term special education
Storerooms
Commercial condominium
Commercial housing
Embassy/consulate
Filling stations/service station
Clinic
Vocational/technical school
Bank and other financial institutions
Radio/television station
Building garage/parking lot
Transportation terminal/garage
Repair shops
Gravel and sand
Lumber and hardware
Manufacture of ice
Welding shops
Medium scale junk shops
Funeral parlors, mortuaries, crematory services, memorial chapels

INDUSTRIAL ZONE
I-1 Non-pollutive/non hazardous
- Non-pollutive/hazardous
I-2 - Pollutive/non hazardous
- Pollutive/hazardous
I-3 - Highly pollutive/ non-hazardous
- Highly pollutive/hazardous
- Highly pollutive/extremely hazardous
- Non-pollutive/Extremely hazardous
- Pollutive/ Extremely hazardous

PARKS AND RECREATION ZONE

- Parks, garden
- Resort areas
- Open air, outdoor sports facilities (gym, amphitheater, swimming pool
- Golf courses, ball courts, race tracts
- Memorial/shrines monuments
- Sports Club
- Underground parking structures
AGRICULTURAL ZONE
- Cultivation, raising, growing of staple crops
- Growing of diversified plants and trees
- Silviculture, mushroom culture, et.
- Customary support facilities like dryers, treshers, storage bars, warehouses
- Ancillary dwelling units/farmhouses

Agricultural research and experimentation facilities,

demo farms
Pastoral activities
Home occupation
Home industry
Backyard raising of livestock and fowl
a. For livestock a maximum of 1 sow and 10
heads
b. For fowl maximum of 500 birds

Article VI General District Regulation

Development Density
R-1 20 Dwelling units and below per hectare
R-2 21-65 dwelling units per hectare
R-3 66 and above dwelling units per hectare
Height Regulations
Must conform to ATO restrictions
R-1 lower than 10 meters; 1-3 storeys
R-2 lower than 21 meters; 4-7 storeys
R-3 8 or more stories, conforms with prescribed FAR
Area Regulations PD 957, BP 220, PD 1096, Fire Code, Sanitation
Code, Plumbing Code, Structural Code, EO 648, etc.

Road Setback Regulations

The road setback requirements of DPWH starts from the edge of the road
right-of-way. For major thoroughfare, and roads with established grade, a 5 meter
setback for residential areas is allowed. The required setback are annotated on the
titles of affected property owners.

Easement
1.
Water Code- easement of public use in the interest of recreation,
navigation, floatage, fishing and
salvage
3 meters in urban area
20 meters in agricultural areas
40 meters in forest areas
2.
Mandatory 5-meter easement on fault traces on the ground identified
by Phivolcs

Buffer Regulations 3 meters provided between two or more conflicting

zones; should be open and not encroached upon by any building or
structure and should be a part of the yard or open space.
Article VII Innovative Techniques
For projects that introduce flexibility and creativity in design or plan
such as:
New town development
Commercial complexes
Planned Unit Development 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.
Zoning Officer to forward to HLURB unless LGU has
capacity to process the same
MITIGATING DEVICES
VARIANCE
A mitigating device, or a discretionary
permit given to a project proponent
allowing him to proceed with the use of
his property or development of project,
despite its non-compliance with the
physical standards

EXCEPTION
An authorization granting a property
owner
relief from ZO provisions because of
the
specific use, resulting to hardship
upon owner

LOCAL CHIEF EXECUTIVE

Shall enforce and administer the Zoning Ordinance through the Zoning
Administrator/Zoning Officer
Powers and Functions of Zoning Administrator/Zoning Officer
ENFORCEMENT

Issuance of Locational Clearance

Recommend to LZBAA the grant or denial of applications for variances
and exceptions and the issuance of Certificate of Non-Conformance for
non-conforming projects
Monitor on-going/existing projects
Call/coordinate with the PNP for the enforcement of all orders and
processes issued in the ZO implementation
Coordinate with Fiscal/Attorney for other legal actions/remedies

PLANNING
Coordinate with HLURB regarding proposed amendments to the Zoning
Ordinances prior to adoption by the Sanggunian

What is the LZBAA?

The Local Zoning Board of Adjustment and Appeals is an administrative
regulatory agency of the local government that exercises both original and
appellate functions in the implementation of the local zoning ordinance.
FUNCTIONS of the LZBAA
Act on appeals from decisions of the Local Zoning Administrator
Act on applications on
Variances
Exceptions
Nonconforming Uses
Complaints and Opposition to Applications
NON-CONFORMING USES
Lawful uses of any building, structure or land at the time or adoption
of Ordinance may be continued, although not conforming with ZO
provided:
Shall not be enlarged
Shall not be revived if operation ceased for more than 1 year
When damaged, reconstruction not more than 50 % of replacement
cost
Shall not be altered to increase its non-conformity
Owner shall program the phase-out and relocation of the nonconforming use within ten (10) years from effectivity of ZO

Composition of the LZBAA

Chaired by the local chief executive, it is composed of
Legal Officer
Assessor
Engineer

Planning and Development Coordinator, if other

than the Zoning Administrator
Two representatives of the private sector
Two representatives from NGOs
In the event of nonavailability of any of the officials enumerated above, the
Sanggunian shall elect the number of its members as maybe necessary to meet the
total number above set forth as representatives.

Appeals from LZBAA

Decisions of Local Zoning Boards of Adjustments and Appeals are appealable
to the HLURB Board of Commissioners
Within 15 days from decision

HLURB as interim LZBAA

Pending the organization of an LZBAA, the HLURB , through its
Regional Offices shall act and perform the functions of the LZBAA
Review of Zoning Ordinance
By the Local Zoning Review Committee
Planning and Development Coordinator
Health Officer
Agriculturist
ABC President
Engineer
Environment and Natural Resources Officer
Agrarian Reform Officer
District School Supervisor
3 Private sector representatives
2 NGO representatives
Local Zoning Review Committee
Shall be attached to City/Municipal Development Council
Functions
Review ZO
Recommend to the SB necessary legislative amendments and
to the planning staff the needed changes in the plan
Provide information to HLURB that would be useful in the
exercise of its functions
AMENDMENTS TO ZO
Shall be treated as an amendment
Subject to review evaluation by the LZRC
Subject to public hearing
Shall be carried out through a resolution of three fourths vote of the SB

Shall take effect only after approval by the Sangguniang Panlalawigan

VIOLATION AND PENALTY

P2500 for municipalities; imprisonment for a period not exceeding 6 months
P5000 for cities; imprisonment not exceeding 1 year
EFFECTIVITY CLAUSE
Shall take effect upon approval by the Sangguniang Panlalawigan
(for component cities and municipalities) or by the Housing and
Land Use Regulatory Board ( for highly urbanized cities and
independent component cities)
FAQ
Land conversion from agricultural to other
purposes/uses is effected thru the power of the LGUs
to reclassify land exercised by passing an ordinance. The power to relassify
lands shall be limited ranging from 5% to 15% of the total agricultural land area at
the time of the passage of the ordinance depending on whether
the LGU is highly urbanizeed and independent component city -15%,
component city or 1st to 3rd class municipality-10% or
4th to 6th class municipality-5%.
Conditions for reclassification of agricultutal lands
a. Land has ceased to be economically feasible and sound for agricultural
purposes
b. Land shall have substantially greater economic value for residential,
commercial and industrial purposes as determined by local legislative
concerned