GUIDELINES FOR THE FORMULATION/REVISION OF A COMPREHENSIVE LAND USE PLAN MODEL ZONING ORDINANCE FOURTH REVISED EDITION Volume X & Rules and Standards Development Group HOUSING AND LAND USE REGULATORY BOARDAReputile ofthe Puiippines Office of the President Housing and Urban Development Coordinating Council HOUSING AND LAND USE REGULATORY BOARD Board Resolution No._590 Series of 1996 APPROVING THE REVISED MODEL ZONING ORDINANCE @ known as the Local Government Code of 1991 (LGC) provides , conformity with existing laws, continue to prepare their respective comprehensive land use plans enacted through zoning ordinances which shall be the primary and dominant bases for the future use of land resource: WHEREAS, PD 933 and EO 648, S. of 1981, as amended by EO 90, S. of 1986, empower the Housing and Land Use Regulatory Board (HLRB) to prescribe the standards and guidelines governing the preparation of land use plans, to monitor the implementation of such plans, and to adjudicate and settle the disputes among LGUs over their land use plans and zoning programs; WHEREAS, pursuant to LO! 729, S. of 1978, EO 648, S. of 1981 and RA 7279, the HLRB shail review and ratify the comprehensive land use plans of provinces, highly urbanized cities, independent component cities and cities and municipalities of Metro Manila to ensure ‘compliance with national standards and guidelines; WHEREAS, RA 7279 directs the HLRB to extend technical and other forms of assistance to cities and municipalities, and with the National Economic and Development Authority (NEDA), to provinces, to ensure that their land use plans are consistent with pertinent national policies, standards, and guidelines; WHEREAS, periodic review and revision of promulgated standards and guidelines are imperative to keep them updated, attuned and responsive to various changing conditions and circumstances; WHEREFORE, be it RESOLVED as it is hereby resolved that the REVISED MODEL ZONING ORDINANCE, hereto attached as Volume X, Guidelines for the Formulation/Revision of Comprehensive Land Use Pins, Series of 1996 and made an integral part hereof, be approved as the same is hereby approved. APPROVED this - 1 day of _ November ~~, 1996 at Quezon City, Metro Manila. (OCDE LA SERNA Chairman, HUDCC. Ex-Officio Chairman PRESBITPRO J. VELASCO, JR. ROMULO Q. FA Property Building, HHA Compound, ZUiptical Road cer. Kakeyzen Sve, Dshmsa. Gusces SieyRes. No. Re. 'S. 1996; Approving the Revised Mode! Zoning Ordinance, Page 2 am ANS Undersecrptary, DILG Ex-Officio fommissioner ISAGANI B. VALDELLON Deputy-Director General, NEDA Ex-Officio Commissioner pas &y- JOEL L. ALTEA Asst. Secretary, DPWH. Ex-Officio Commissioner rene A Resto (Commissioner 7 & IE ARRIETA NQGNO Combhissioner EnKoL A. cASAIE OIC, Board SecretariatFOREWORD The role of the Housing and Land Use Regulatory Board (HLRB), government's regulatory body for land use and housing, in the land use planning of local communities, is prescribed and defined in specific legislations and directives: LOI 729 s. 1978, PD 933, EO 648 s. 1981 as amended by EO 90 s. 1986 PD 1396, RA 7160, EO 72 s. 1993 and RA 7279. The functions -- summarily, to prescribe the standards and guidelines governing the preparation of land use plans; extend technical and related forms of planning assistance to the local government units (LGUs); review and approve the comprehensive land use plan of highly urbanized cities, independent component cities, provinces and the cities and municipalities of Metro Manila; monitor the implementation of such plans; and adjudicate and settle disputes over the same — is complementary to the mandate to all LGUs under RA 7160, the Local Government Code; i.e. to prepare their land use plans. These plans are enacted through zoning ordinances and stand as the primary and dominant bases for the use of land resources in their respective localities, The HLRB promulgates updated/revised planning and zoning guidelines and ‘standards in the fifth edition of the nine volumes (Vols. |-IX) and the fourth edition of the last volume (Vol. X) of its publication series, GUIDELINES FOR THE FORMULATION/IREVISION OF A COMPREHENSIVE LAND USE PLAN, SERIES OF 1996: Volume! - Demography Volume ll - Planning Guidelines and Standards for the Social Sector Volume ill - Planning Guidelines and Standards for the Economic Sector Volume lV - Planning Guidelines and Standards for the infrastructure and Utilities Sector VolumeV = Guidelines for Land Use Planning and Environmental Management Volume VI - Planning Guidelines for Local Administration PAVolume VII Mapping Guidelines Volume Vill - Report Writing Guidelines Volume IX - Guidelines for Plan Review, Adoption and Approval Process Volume X = Model Zoning Ordinance The ten-volume publication series is a ready reference for planners and other technical and/or administrative personnel who are involved in the formulation andior revision of the comprehensive land use plan as well as the preparation of training courses for the planners and development staff of the LGUs. The HLRB program of formulating, revising and evaluating standards and guidelines, @ function which is lodged in its Rules and Standards Development Group (RSDG) in the Central Office since 1977, has evolved a set of planning criteria adapted to local needs and characteristics; regular review and revision continue to further adjust and attune the same to changing development trends and requirements. The revised set is a compésite of the HLRB-RSDG output plus inputs, comments and recommendations from experts, practising professionals and staff from HLRB regional offices, government instrumentalities concerned, professional associations, the academe and other concemed groups in the private sector. Notwithstanding the prescribed criteria and guidelines, flexibility and innovativeness have always been emphasized specially in communities with unique characteristics and special problems. Volumes | to VI, Fifth Revised Edition delineate and detail ‘the sectors which constitute the comprehensive land use plan: demography, economic sector agriculture, forestry, commerce, industry and tourism), social sector (education, housing, health, social welfare services, sports/recreation and protective services), infrastructure and utilities -sector (power, water, transportation and communication), land use and environmental management and local administration. Presentation and discussion for each sector proceed sequentially as follows: 1. Gathering of data specifying the set of requirements and its corresponding organization (e.g. tables, maps, charts and graphs) and analysis; 2. Identification of problems and analysis of existing and projected scenario with attendant procedures/methodologies; vy f3. Formulation of goals (broad and general statcments) and objectives (specific iritentions and tangible details) of development quality direction and pace, in harmony with prescribed national, region! and provincial intentions; and 4. Sectoral plan proposals inclusive of policies, strategies and programs in pursuit of goals and objectives. Volume Vil, Mapping Guidelines, Fifth Revised Edition, presents the methodology of mapping as used in land use planning and focuses on basic instruction on map preparation and their use and application in land use planning. The updated version also includes a short overview of GIS and ifs usefulness in land use planning. Volume Vill, Report Writing Guidelines, Fifth Revised Edition, presents the principal elements generally included in the preparation of a comprehensive land use plan report. This revised version aims to achieve clarity and consistency in form and presentation of a comprehensive land use plan report since this serves as decision and reference document for local government and other uses. _ Volume IX, Guidelines for Plan Review, Adoption and Approval Process, Fifth Revised Edition is intended to enlighten the local planners and all concerned Parties on the plan review, adoption and approval process to ensure a consistent review process and a smooth adoption and subsequent approval of the comprehensive land use plan and zoning ordinance. VOL. X, MODEL ZONING ORDINANCE, fourth revised edition, presents the revised model of a zoning ordinance, the legal translation of the comprehensive land use plan. The revised model is aresponse to the demand for a realistic and functional zoning ordinance, structure and content-wise, for both the urban and rural communities. It updates the existing guidelines to make room for greater flexibility and innovativeness and adapt to changing needs and aspirations of the communities. The components of the revised model are guidelines on the following themes: 1. Appropriate division/classification of a community into zones and districts depending on the local situation; ye iii2. _ Enumeration of the allowable uses per zone classification; 3. Imposition of height, setback, buffer and easement regulations; 4. Granting of locational clearance, variances and exceptions; 5. Administration and enforcement of the provisions stipulated in the ordinance. Below are the general directions governing the use of the model: 4. All parts of the text which are in bold and capital letters are new and revised portions of the model. 2. Instructions are italicized, boxed and strategically located, i.e. immediately below the pertinent portion of the model. They are specific directives to the planners/staff for the preparation of the part of the ordinance being tackled and therefore, shall not be copied nor lifted and transferred to the ordinance being formulated. “A ivACKNOWLEDGMENT The Rules and Standards Development Group of the Housing and Land Use Regulatory Board acknowledges the following agencies and organizations for their invaluable inputs in the form of comments and suggestions which were manifested during their active participation in the various fora intended for the improvement and updating of the MODEL ZONING ORDINANCE and via written evaluation sent to the Central Office: Senate Committee on Planning, Urban Development and Settlement Department of Interior and Local Government League of Cities and Municipalities Metro Manila Development Authority Department of Agrarian Reform Department of Environment and Natural Resources Department of Tourism Department of Public Works and Highways Department of Transportation and Communication Department of Trade and Industry Philippine Institute of Environmental Planners School of Urban and Regional Planning Federation of Resident's Association Chamber of Real Estate Builders’ Association, Inc. National Real Estate Association Subdivision and Housing Developer's Association Others, composed of the private sector, professional organizations, the academe and the Central and Regional Staff of the Board prREVISED MODEL ZONING ORDINANCE TABLE OF CONTENTS PAGE FOREWORD i ACKNOWLEDGMENT v INTRODUCTION 1 Benefits Legal Basis MODEL ZONING ORDINANCE ARTICLES I __ Title of the Ordinance 5 Il Authority and Purpose 6 Section 2 Authority Section 3 Purposes Section 4 General Zoning Principle I Definition of Terms IV Zone Classifications 13 Section Division into Zones or Districts Section — Zoning Maps 14 Section 7 Zone Boundaries Section 8 _ Interpretation of the Zone Boundary 15 V_ Zone Regulations 16 Section 9 General Provision Section 10 Use Regulations in General Residential 17 Zone (GRZ) Section 10a Use Regulations in Low Density Residential 19 Zone (R-1) Section 10b Use Regulations in Medium Density Ar 20 ¢VI VIL Section 10¢ Section 10d Section 11 Section 11a Section 11b Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Residential Zone (R-2) Use Regulations in High Density Residential Zone (R-3) Use Regulations in Socialized Housing Zone (SHZ) Use Regulations in’General Commercial Zone (GCZ) Use Regulations in C-1 Zone Use Regulations in C-2 Zone Use Regulations in Light Industrial Zone (-1) Use Regulations in Medium industrial Zone (1-2) Use Regulations in Heavy Industrial Zone (-3) Use Regulations in General Institutional (Giz) Zone Use Regulations in Special institutional (SIZ) Zone Use Regulations in Parks and Recreation (PRZ) Zone Use Regulations for Agricultural (AGZ.) Zone Use Regulations in Agro-Industrial (AlZ) Zone Use Regulations in Forest Zones (FZ) “Use Regulations in Water Zone (WZ) Regulations in Tourist Zone (TZ) General District Regulation Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Development Density Height Regulations Exemptions from Height Regulation in and R-2 Area Regulations Road Setback Regulations Easement Buffer Regulations Specific Provisions in the National Building Code Innovative Techniques Section 31 Innovative Techniques or Designs 21 24 26 29 32 34 35 37 38 39 40 a 42 43Vu Ix Miscellaneous Provisions Sectioin 32 Projects of National Significance Section 33 Section 34 Environmental Compliance Certificate (ECC) Subdivision Projects Mitigating Devices Section 35 Section 36 Deviation Procedures for Granting Exceptions and Variances Administration and Enforcement Section 37 Section 38 Section 39 Section 40 Section 41 Section 42 Section 43 Section 44 Section 45 Section 46 Section 47 Section 48 Section 49 Section 50 Section 51 Section 52 Section 53 Section 54 Section 5S Section 56 Locational Clearance Building Permit Non-User of Locational Clearance Certificate of Non-Conformance Existing Non-Conforming Uses and Buildings Responsibility for Administration and Enforcement Powers and Functions of a Zoning ‘Administrator/Zoning Officer Action on Complaints and Opposition Functions and Responsibilities of the Local Zoning Board of Adjustment and Appeals Composition of the Local Zoning Board of Adjustment and Appeals (|ZBAA) Interim Provision Review of the Zoning Officer Composition of the Local Zoning Review Committee [LZRC] Functions of the Local Zoning Review Committee Amendments to the Zoning Ordinance Violation and Penalty Suppletory Effect of Other Laws and Decrees Separability Clause Repealing Clause Effectivity Clause 44 45 47 48 SI 52Annex Annexes: A Proclamation 2146 BF Illustrations GH Color Codes Project StaftINTRODUCTION Zoning is the division of a community into zones or districts (e.g. commercial, residential, industrial, institutional, etc.) according to present and potential uses of land to maximize, regulate and direct their use and development in accordance with the Comprehensive Land Use Plan of the community. it takes the form of a locally enacted ordinance which ‘embodies, among others, regulations affecting uses allowed or disallowed in each zone or district, conditions for allowing them, and deviations legally allowed from the requirements of the ordinance. Zoning is concerned primarily with the use of land and the control of density of population through imposition of building heights, bulk, open space and density provisions in a given area. Benefits The benefits attributed to zoning are as follows: 1. Maximurfoptimum use of land based on suitability/capability, e.g. use of prime agricultural land for agricultural purposes. 2. Promotion of public health and safety through compatible arrangement of various land uses, e.g. residential area should maintain considerable distance from industries. 3. Preservation of desirable character and real estate values of the district or zone. 4: Promotion of the raticnal and orderly growth of the community. Legal Basis The power to zone is derived from the police power of the state which vests in the legislative body the power to make, ordain and. establish reasonable laws, statutes or ordinances which promote the general welfare. It is specified and defined in a number of laws and directives: th 1987 Constitution which provides that 1.a Article IIL, Section 6 “The use of property bears a social function and all economic agents shall contribute to the common good, individuals and private groups, including corporations, ccoperatives and similar collective organizations, shall have the right to own, establish and operateeconomic enterprises subject to the duty of the state to promote distributive justice and to intervene when the common good demands” 4.b Article XII, Section 1 “The congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social and economic inequalities... To this end, the state shall regulate the acquisition, ownership use and disposition of property and its increments.” 2. SECTION 20 OF RA7160, “ THE NEW LOCAL GOVERNMENT CODE.” RECLASSIFICATION OF LANDS. A) ACITY OR MUNICIPALITY MAY, THROUGH AN ORDINANCE PASSED BY THE SANGGUNIAN AFTER CONDUCTING PUBLIC HEARINGS FOR THE PURPOSE, AUTHORIZE THE RECLASSIFICATION OF [AGRICULTURAL LANDS AND PROVIDE FOR THE MANNER OF THEIR UTILIZATION OR DISPOSITION IN THE FOLLOWING CASES: (1) WHEN THE LAND CEASES TO BE ECONOMICALLY FEASIBLE AND SOUND FOR AGRICULTURAL PURPOSES AS DETERMINED BY THE DEPARTMENT OF AGRICULTURE OR (2) WHERE THE LAND SHALL HAVE SUBSTANTIALLY GREATER ECONOMIC VALUE FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES, AS DETERMINED BY THE SANGGUNIAN CONCERNED: PROVIDED, THAT SUCH RECLASSIFICATION SHALL BE LIMITED TO THE FOLLOWING PERCENTAGE OF THE TOTAL AGRICULTURAL LAND AREA AT THE TIME OF THE PASSAGE OF THE ORDINANCE: (1) FOR HIGHY URBANIZED AND INDEPENDENT COMPONENT CITIES, FIFTEEN PERCENT (15%); (2) FOR COMPONENT CITIES AND FIRST TO THIRD CLASS MUNICIPALITIES, TEN PERCENT (10%); AND (3) FOR FOURTH TO SIXTH CLASS MUNICIPALITIES, -FIVE PERCENT (5%): PROVIDED, FURTHER, THAT AGRICULTURAL LANDS DISTRIBUTED TO AGRARIAN REFORM BENEFICIARIES PURSUANT TO REPUBLIC ACT NUMBERED SIXTY-SIX HUNDRED FIFTY-SEVEN (R.A. NO. 6657), OTHERWISE KNOWN AS “THE COMPREHENSIVE AGRARIAN REFORM LAW”, SHALL NOT BE AFFECTED BY THE SAID RECLASSIFICATION AND THE CONVERSION OF SUCH LANDS INTO OTHER PURPOSES SHALL BE GOVERNED BY SECTION 65 OF SAID ACT. B) THE PRESIDENT MAY, WHEN PUBLIC INTEREST SO REQUIRES AND UPON RECOMMENDATION OF THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY (NEDA), AUTHORIZE A CITY OR MUNICIPALITY TO RECLASSIFY LANDs IN EXCESS OF THE LIMITS SET IN THE NEXT PRECEDING PARAGRAPIC) THE LOCAL GOVERNMENT UNITS SHALL, IN CONFORMITY WITH EXISTING LAWS, CONTINUE TO PREPARE THEIR RESPECTIVE COMPREHENSIVE LAND USE PLANS ENACTED THROUGH ZONING ORDINANCES WHICH SHALL BE THE PRIMARY AND DOMINANT BASES FOR THE FUTURE USE OF LAND RESOURCES: PROVIDED, THAT THE REQUIREMENTS FOR FOOD PRODUCTION, HUMAN SETTLEMENTS, AND INDUSTRIAL EXPANSION SHALL BE TAKEN INTO CONSIDERATION IN THE PREPARATION OF SUCH PLANS. D) WHERE APPROVAL BY A NATIONAL AGENCY IS REQUIRED FOR RECLASSIFICATION, SUCH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD. FAILURE TO ACT ON A PROPER AND COMPLETE APPLICATION FOR RECLASSIFICATION WITHIN THREE (3) MONTHS FROM RECEIPT OF THE SAME SHALL BE DEEMED AS APPROVAL, THEREOF. 3. SECTION 447 A.2 (VII-IX) AND SECTION 468 A.2 (VII-IX) OF RA 7160 THE SANGGUNIANG BAYAN, AS THE LEGISLATIVE BODY OF THE MUNICIPALITY, SHALL: (A) ADOPT A COMPREHENSIVE LAND USE PLAN FOR THE MUNICIPALITY: | PROVIDED, THAT THE FORMULATION, ADOPTION, OR MODIFICATION OF SAID PLAN SHALL BE IN COORDINATION WITH THE APPROVED PROVINCIAL COMPREHENSIVE LAND USE PLAN; (B) RECLASSIFY LAND WITHIN THE JURISDICTION OF THE MUNICIPALITY, SUBJECT TO THE PERTINENT PROVISIONS OF THIS CODE; (C) ENACT INTEGRATED ZONING ORDINANCES IN CONSONANCE WITH THE APPROVED COMPREHENSIVE LAND USE PLAN, SUBJECT TO EXISTING LAWS, RULES AND REGULATIONS; ESTABLISH FIRE LIMITS OR ZONES, PARTICULARLY IN POPULOUS GENTERS; AND REGULATE THE CONSTRUCTION, REPAIR OR MODIFICATION OF BUILDINGS WITHIN SAID FIRE LIMITS OR ZONES IN ACGORDANGE WITH THE PROVISIONS OF THE FIRE CODE; THE SANGGUNIANG PANLUNGSOD, AS THE LEGISLATIVE BODY OF THE CITY, SHALL: (A) ADOPT A COMPREHENSIVE LAND USE PLAN FOR THE CITY: PROVIDED, THAT IN THE CASE OF COMPONENT CITIES, THE FORMULATION, ADOPTION OR MODIFICATION OF SAID PLAN, SHALL BE IN COORDINATION WITH THE APPROVED PROVINCIAL COMPREHENSIVE LAND USE PLAN; (B) RECLASSIFY LAND WITHIN THE JURISDICTION OF THE GITY, SUBJECT TO THE PERTINENT PROVISIONS OF THIS CODE; (C) ENACT INTEGRATED ZONING ORDINANCES WITH THE APPROVED COMPREHENSIVE LAND USE PLAN, SUBJECT TO EXISTING LAWS, RULES AND REGULATIONS; ESTABLISH FIRE LIMITS OR ZONES, PARTICULARLY IN POPULOUS CENTERS; AND REGULATE THE CONSTRUCTION, REPAIR OR MODIFICATION OF BUILDINGS WITHIN SAID FIRE LIMITS OR ZONES IN ACCORDANCE WITH THE PROVISIONS OF THE FIRE CODE;4, P.D. 1396 (Amending P.D. 933), Creating the Ministry of Human Settlements, renaming the Human Settlements Commission as the Human Settlements Regulatory Commission "It is hereby declared to be the policy of the government to foster the growth ana renewal of our communities, both rural and urban, in an integrative manner that promotes optimum land use, adequate shelter, environmental protection, utilization of appropriate technology and rational interdependence among self-reliant communities.” 5. Letter of Instruction No. 729 “Municipalities shall submit their land use plans, enforcement system and implementing guidelines, including zoning ordinance to the Ministry of Human Settlements thru the HLRB for review and ratification.” 6. Section 5, Executive Order 648, Reorganizing the Human Settlements Regulatory ‘Commission. The HLRB shall: “a. Promulgate zoning and other land use control standards and guidelines which shall govern land use plans and zoning ordinance of local governments XXX “b. Review, evaluate and approve or disapprove comprehensive land use development plans and zoning ordinances of local governments x x x “c. Issue rules and regulations to enforce the land use policies on human settlements as provided for in PDs No. 399, 815, 933, 957, 1216, 1344, 1396, 1517, LOls No. 713-729, 935 and other related laws regulating the use of land x x x 7. PD 933 and EO 648 as amended by EO 90, empower the HLRB to review and approve or disapprove land use plans of cities and municipalities; The aforesaid laws likewise authorize the HLRB to prescribe the standards and guidelines governing the preparation of land use plans, to monitor the implementation of such plans and to adjudicate and settle the disputes among LGUs over their land use plans and zoning programs. 8. EXECUTIVE ORDER 72 THIS PROVIDES FOR THE PREPARATION, REVIEW AND APPROVAL PROCESS AND IMPLEMENTATION OF THE COMPREHENSIVE LAND USE PLANS AND ZONING ORDINANCES OF LOCAL GOVERNMENT UNITS PURSUANT TO THE LOCAL GOVERNMENT CODE OF 1991 AND OTHER PERTINENT LAWS. f"CITY /MUNICIPAL ORDINANCE NO. Series of, AN ORDINANCE ADOPTING (OR REVISING THE) ZONING REGULATIONS FOR (OF) THE = CITY/MUNICIPALITY OF AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH. Be it ordained enacted by the Sangguniang Panglunsod/ Bayan of WHEREAS, the implementation of Comprehensive Land Use Plans would require the enactment of regulatory measures to translate its planning goals and objectives into reality; and a Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the comprehensive land use plan; WHEREAS, THE LOCAL GOVERNMENT CODE AUTHORIZES LOCAL GOVERNMENT UNITS TO ENACT ZONING ORDINANCES SUBJECT TO AND IN ACCORDANCE WITH EXISTING LAWS; WHEREAS, the Housing and Land Use Regulatory Board has spearheaded and now assists in and coordinates the activities of local governments in comprehensive land use planning; NOW THEREFORE, the Sangguniang Panglunsod/Bayan of in a session assembled hereby adopts the following Zoning Ordinance. INSTRUCTIONS: A Zoning Ordinance (whether it is newly enacted or a revision] lof an existing one) should take the form ofa statute, with a ttle and an enacting clause. ARTICLE 1 TITLE OF THE ORDINANCE Section 1. Title_of the Ordinance, This Ordinance shall be known as the Comprehensive Zoning Ordinance of the City/Municipality of and shall be referred to as the Ordinance. PpARTICLE I AUTHORITY AND PURPOSE Section 2. Authority, This Ordinance is enacted pursuant to the provisions of the New Local Government Code, RA 7160 Sections 458 a.2 (7-9) and 447 a2 (7-9) dated 10 October 1991, “Authorizing the City/Municipality through the Sangguniang Panglunsod/Bayan to adopt Zoning Ordinance subject to the provisions of existing laws", and in conformity with E.0. No. 72. Section 3 Purposes. This Ordinance is enacted for the following purposes: 1. Guide, contro! and regulate future growth and development of (name_of cityimunicipality) in accordance with its Comprehensive Land Use Plan. 2. Protect the character and stability of residential, commercial, industrial, institutional, forestry, agricultural, open space and other functional areas within the locality and promote the orderly and beneficial development of the same. 3. Promote and protect the health, safety, peace, comfort, convenience and general Wolfare of the inhabitants in the locality INSTRUCTIONS: The enumerated purposes are the broad objectives of a typical local Zoning Ordinance and may be adopted by any focal government. Some focal! legislative bodies may, however, find these purposes stated foo broadly and may wish to| translate them into more specific terms appropriate to the specific goals and objectives of their Plan. They may also include other purposes which are more expressive of the specific development needs, goals and directions of their respective locality. Section 4. General Zoning Principle. This zoning Regulations is based on the approved General and Urban Land Use Plans as per Resolution No. dated for (name of the locality). INSTRUCTIONS: This is one fundamental principle of zoning which must be! incorporated in the zoning ordinance of every city or municipality. Local goverments, may, however, include specific zoning principles derived from particular zoning and land} use concepts applicable to them respectively. ARTICLE I DEFINITION OF TERMS The definition of technical terms used in the 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 HLRB. The words, terms and 6phrases enumerated hereunder shall be understood to have the meaning corresponding indicated as follows: 1. Agricultural Zone (AGZ) - an area WITHIN A CITY OR MUNICIPALITY INTEWDED for cultivationfishing and pastoral activities e.g. fish, farming, cultivation of crops, goat/cattle raising, etc. 2. Agro-Industrial Zone (AIZ) - an area WITHIN A CITY GITY OR MUNICIPALITY INTENDED primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar etc. 3. _ HLRB/BOARD - SHALL MEAN THE HOUSING AND LAND USE REGULATORY BOARD 4, Buffer Area - these are YARDS, PARKS OR open spaces INTENDED to separate incompatible elements oruses to control ‘pollution/nuisance and for identifying and defining development areas or zones where NO PERMANENT STRUCTURES ARE ALLOWED. 5. Built-up Area - a contiguous grouping of ten (10) or more structures. 6. Central Business: District - shall refer to areas designated principally for trade, services and business purposes (Commercial 1 Zone). 7. Certificate of Non-Conformance - certificate issued TO OWNERS OF all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as Per provision of the said Ordinance. 8. Compatible Use - uses or land activities capable of existing together harmoniously e.g. residential use and parks and playground. 9. COMPONENT CITIES/MUNICIPALITIES - CITIES WHICH DO NOT MEET THE REQUIREMENTS FOR HIGHLY URBANIZED CITIES SHALL BE CONSIDERED COMPONENT CITIES OF THE PROVINCE IN WHICH THEY ARE LOCATED. IF ACOMPONENT CITY IS LOCATED WITHIN THE BOUNDARIES OF TWO OR MORE PROVINCES SUCH CITY SHALL BE CONSIDERED COMPONENT OF THE PROVINCE OF WHICH IT USED TO BE A MUNICIPALITY. (RA 7160) 10. Comprehensive Land Use Plan [CLUP] - a document embodying specific proposals for guiding, regulating growth and/or development. The main components of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and Land Use. 11. Conflicting Uses - uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants. (a 712. Conforming Use - a use which is in ACCORDANCE with the zone classification as provided for in the Ordinance. 13. Easement - open space imposed on any land use/activities sited along waterways, road-right-of-ways, cemeteries/memorial parks and utilities. 14. ENVIRONMENTALLY CRITICAL AREAS - REFERS TO THOSE AREAS WHICH ARE ENVIRONMENTALLY SENSITIVE AND ARE LISTED IN PRESIDENTIAL PROCLAMATION 2146 DATED DECEMBER 14, 1981. (REFER TO ANNEX A) 45. ENVIRONMENTALLY CRITICAL PROJECTS - REFERS TO THOSE PROJECTS WHICH HAVE HIGH POTENTIAL FOR NEGATIVE ENVIRONMENTAL IMPACTS AND ARE LISTED IN PRESIDENTIAL PROCLAMATION 2146 DATED DECEMBER 14, 1981. (REFER TO ANNEX A) 16. Exception - a device which grants a property owner relief from certain provisions of a Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. 17. FLOOR AREA RATIO OR “FAR” - IS THE RATIO BETWEEN THE GROSS FLOOR AREA OF A BUILDING AND THE AREA OF THE LOT ON WHICH IT STANDS, DETERMINED BY DIVIDING THE GROSS FLOOR AREA OF THE BUILDING AND THE AREA OF THE LOT. THE GROSS FLOOR AREA OF ANY BUILDING SHOULD NOT EXCEED THE PRESCRIBED FLOOR AREA RATIO (FAR) MULTIPLIED BY THE LOT AREA. THE FAR OF ANY ZONE SHOULD BE BASED ON ITS CAPACITY TO SUPPORT DEVELOPMENT IN TERMS OF THE ABSOLUTE LEVEL OF DENSITY THAT THE TRANSPORTATION AND OTHER UTILITY NETWORKS CAN SUPPORT. (REFER TO ANNEXES B-F) 18. Forest Zone (FZ) - an area within a city or municipality intended primarily for forest purposes. 19. General Commercial Zone (GCZ) - an area within a city or municipality for trading/services/business purposes. 20. General Institutional Zone (GIZ) - an area within a city or municipality principally for general types of institutional establishments ‘e.g. government offices, schools, hospital/clinics, academiciresearch, convention centers. 21. General Residential Zone (GRZ) - an area within a city or municipality principally for dwelling/housing purposes. 22. General Zoning Map - a duly authenticated map delineating the different zones in which the whole city/municipalty is divided. -A23. GROSS FLOOR AREA [GFA] - THE GFA OF A. BUILDING IS THE TOTAL FLOOR SPACE WITHIN THE PERIMETER OF THE PERMANENT EXTERNAL BUILDING WALLS, OCCUPIED BY: OFFICE AREAS; RESIDENTIAL AREAS; CORRIDORS; LOBBIES; MEZZANINE; VERTICAL PENETRATIONS, WHICH SHALL MEAN STAIRS, FIRE ESCAPES, ELEVATOR SHAFTS, FLUES, PIPE SHAFTS, VERTICAL DUCTS, AND THE LIKE, AND THEIR ENCLOSING WALLS; REST ROOMS OR TOILETS; MACHINE ROOMS AND CLOSET: STORAGE ROOMS AND CLOSETS; COVERED BALCONIES AND TERRACES; INTERIOR WALLS AND COLUMNS, AND OTHER INTERIOR FEATURES; o00000 e0000 BUT EXCLUDING: ° COVERED AREAS USED FOR PARKING AND DRIVEWAYS, INCLUDING VERTICAL PENETRATIONS IN PARKING FLOORS WHERE NO RESIDENTIAL OR OFFICE UNITS ARE PRESENT; ° UNCOVERED AREAS FOR AC COOLING TOWERS, OVERHEAD WATER TANKS, ROOF DECKS LAUNDRY AREAS AND CAGES, WADING OR SWIMMING POOLS, WHIRLPOOLS OR JACUZZIS, GARDENS, COURTS OR PLAZAS. 24. Heavy Industrial Zone (I 3) - @ subdivision of an area principally for the following types of industries: highly pollutive/non-hazardous highly pollutivethazardous highly pollutive/extremely hazardous pollutivefextremely hazardous non-pollutivelextremely hazardous paoge 25. HIGH DENSITY COMMERCIAL ZONE (C 3) - AN AREA WITHIN A CITY OR MUNICIPALITY INTENDED FOR REGIONAL SHOPPING CENTERS SUCH AS LARGE MALLS AND OTHER COMMERCIAL ACTIVITIES WHICH ARE REGIONAL IN SCOPE OR WHERE MARKET ACTIVITIES GENERATE TRAFFIC AND REQUIRE UTILITIES AND SERVICES THAT EXTEND BEYOND LOCAL BOUNDARIES AND REQUIRES METROPOLITAN LEVEL DEVELOPMENT PLANNING AND IMPLEMENTATION. HIGH RISE HOTELS, SPORTS STADIUM OR SPORTS COMPLEXES ARE ALSO ALLOWABLE IN THIS ZONE. 7s26. High Density Residential Zone (R-3) - a subdivision of an area principally for dwelling/housing purposes with a density of 66 or more dwolling units per hectare, 27. HIGHLY URBANIZED CITIES - CITIES WITH A MINIMUM POPULATION OF 200,000 INHABITANTS AS CERTIFIED BY THE NATIONAL STATISTICS OFFICE AND WITH THE LATEST ANNUAL INCOME OF AT LEAST P50,000,000 BASED ON 1996 CONSTANT PRICES AS CERTIFIED BY THE CITY TREASURER. (RA 7160) 28. INDEPENDENT COMPONENT CITIES - ARE THOSE COMPONENT CITIES WHOSE CHARTER PROHIBITS THEIR VOTING FOR PROVINCIAL ELECTIVE OFFICIALS. INDEPENDENT COMPONENT CITIES SHALL BE INDEPENDENT OF THE PROVINCE. (RA 7160) 29. Innovative Design - introduction and/or application of new/creative designs and techniques in development projects e.g. PLANNED UNIT DEVELOPMENT (PUD), Newtown, etc. 30. Light Industrial Zone (I-1) - a subdivision of an area principally for the following types of industries: a. _nor-pollutive/non-hazardous b. _non-pollutivefhazardous 31. Locational Clearance - a clearance issued to a project that is allowed under the provisions of this Zoning Ordinance as well as other standards, rules and regulations on land use. 32. _ Low Density Commercial Zone (C-1) - an area WITHIN A CITY OR MUNICIPALITY principally for trade, services and business activities ordinarily referred to as the Central Business District. 33. Low Density Residential Zone (R-1) - an area WITHIN A CITY OR MUNICIPALITY principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare. 34. Medium Density Commercial Zone (C-2) - an area WITHIN A CITY OR MUNICIPALITY with quasi-trade business activities and service industries performing complementary/supplementary functions to principally commercial zone (CBD). 35. Medium Density Residential Zone (R-2) - an area WITHIN A GITY OR MUNICIPALITY principally for dwollingfhousing purposes with a density of 21 to 65 dwelling units per hectare. 36. Medium Industrial Zone (J-2) - an area wit ina city or municipality principally for the 10following types of industries: a. pollutive/non-hazardous b. _pollutiveyhazardous 37. Mitigating Device - a means to grant relief in complying with certain provisions of the Ordinance. 28. New Town - shall refer to a town deliberately planned and built which provides, in addition to houses, employment, shopping, education, recreation, culture and other services normally associated with a city or town. 39. Non-Conforming use - existing non-conforming uses/establishments in an area allowed to operate inspite of the non-conformity to the provisions of the Ordinance subject to the conditions stipulated in this Zoning Ordinance. 40. Parks and Recreation Zone (PRZ) - an area designed for diversion/amusements and for the maintenance of ecological balance of the community. 41. Planned Unit Development (PUD) - it is 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. 42, REZONING - A PROCESS OF INTRODUCING AMENDMENTS TO OR A CHANGE IN THE TEXT AND MAPS OF THE ZONING ORDINANCE. IT ALSO INCLUDES AMENDMENT OR CHANGE IN VIEW OF RECLASSIFICATION UNDER SECTION 20 OF RA7160. 43. — Rural Area - area outside of designated urban area. 44. Setback - the open space left between the building and lot lines. 45. SOCIALIZED HOUSING ZONE (SHZ) - SHALL BE USED PRINCIPALLY FOR SOCIALIZED HOUSING/DWELLING PURPOSES FOR THE UNDERPRIVILEGED AND HOMELESS AS DEFINED IN RA 7279. 46. Special Institutional Zone (SIZ) - an area WITHIN A CITY OR MUNICIPALITY principally for particular types of institutional establishments e.g. welfare homes, orphanages, home for the aged, rehabilitation and training centers, military camps/reservation/basesftraining grounds, etc. 47, TOURIST ZONE (TZ) - ARE SITES WITHIN CITIES AND MUNICIPALITIES ENDOWED WITH NATURAL OR MANMADE PHYSICAL ATTRIBUTES AND RESOURCES THAT ARE CONDUCIVE TO RECREATION, LEISURE AND OTHER WHOLESOME ACTIVITIES. fs48. _ URBAN AREA(S) - INCLUDE ALL BARANGAY(S) OR PORTION(S) OF WHICH COMPRISING THE POBLACION, CENTRAL BUSINESS DISTRICT [CBD] AND OTHER BUILT UP AREAS INCLUDING THE URBANIZABLE LAND IN AND ADJACENT TO SAID AREAS AND WHERE AT LEAST MORE THAN FIFTY (50%) OF THE POPULATION ARE ENGAGED IN NON-AGRICULTURAL ACTIVITIES. CBD SHALL REFER TO THE AREAS DESIGNATED PRINCIPALLY FOR TRADE, SERVICES AND BUSINESS PURPOSES. 49. Urban Zoning Map - a duly authenticated map delineating the different zones into which the urban area and its expansion area are divided. 50. Urbanizable Land - area designated as suitable for urban expansion by virtue of land use studies conducted. 51. Variance -a SPECIAL LOCATIONAL CLEARANCE which grants a property owner Telief from certain provisions of Zoning Ordinance where, because of the particular, physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more-money. 52. Warehouse - refers to a storage and/or depository of those in business of performing warehouse services for others, for profit. 53. Water Zone (WZ) - are bodies of water WITHIN CITIES AND MUNICIPALITIES which include rivers, streams, lakes and seas except those included in other zone classification. 54, Zone/District - an area within a city or municipality for specific land use as defined by manmade or natural boundaries. 55, Zoning Administrator/ZONING OFFICER - a municipal/city/government employee responsible for the implementation/enforcement of the Zoning Ordinance in a community. 56. Zoning Ordinance - a local legal measure which embodies regulations affecting land use. INSTRUCTIONS: Some of the ferms used in the Zoning Ordinance are technical and carry specific meanings which should not be subject to varying interpretation by the| reader/s. Also, there are definitions of terms which may be applicable only to the local| government concemed. Hence; the need for a sestion on definition of terms. Only those! ferms which are aciually employed or used in the Ordinance should be included. The City/Municipality has the option to place this Article at the end of the lordinance as an appendix or to have it as the third articie, just like the Model. The ‘advantage of placing it as an appendix is that it follows a more logical sequence| because, usually, readers refer fo this section only when they meet the terms in the! course of reading the Ordinance.ARTICLE IV ZONE CLASSIFICATIONS Section 5. Division into Zones or Districts. To effectively carry out the provisions of this Ordinance, the cityimunicipality is hereby divided into the following zones or districts as shown in the Official Zoning Maps. [Refer to Annexes G and H for appropriate color codes] 4. General Residential Zone (GRZ) 2. Socialized Housing Zone (SHZ) 3. _ Low Density Residential Zone (R-1) 4. Medium Density Residential Zone (R-2) 5. High Density Residential Zone (R-3) 6. General Commercial Zone (6CZ) 7. Low Density Commercial Zone (C-1) 8. Medium Density Commercial Zone (C-2) 9. High Density Commercial Zone (C-3) * 10. _ Light Industrial Zone (I-1) 14. Medium Industrial Zone I-2) 12. Heavy Industrial Zone (-3) 13. General Institutional Zone (GIZ) 14. Special Institutional Zone (SIZ) 45. Agricultural Zone (AGZ) 16. Agro-Industrial Zone (AIZ) 17. Forest Zone (FZ) 18. _ Parks and other Recreation Zone (PRZ) 19. Water Zone (WZ) 20. TouristZone (TZ) INSTRUCTIONS. The designation of zones or districts by the local government) units shall be based on their comprehensive land use plan [CLUP]. Essentially therefore, the technical justifications of zoning lie with the planning activities that led to the formulation of the CLUP. The foregoing list of zones (Art. IV Sec. 5) is a general list. Local governments shail include all of the zones as prescribed above, if they are applicable fo their respective) communities depending on prevailing conditions such as population density, income and| level of development of a locality. The local governments may also EXCLUDE some of the zones in the fist. Excluding zones. For example, in areas where residential densities are low, there shall be no need to distinguish separate residential zones such that only the General Residential Zone [GRZ] and Socialized Housing Zone [SHZ] will be included in the} Zoning Ordinance. ” 7Section 6. Zoning Maps. It is hereby adopted as an integral part of this Ordinance, the Official Zoning Maps for urban areas and for the whole city/municipality (General), wherein the designation, location and boundaries of the districts/zones herein established are shown and indicated. Such Official Zoning Maps shall be signed by the local chief executive and duly authenticated by the HLRB/SANGGUNIANG PANLALAWIGAN. INSTRUCTIONS: AUTHENTICATION OF OFFICIAL ZONING MAPS SHALL BE IBY THE SANGGUNIANG PANLALAWIGAN FOR COMPONENT CITIES AND MUNICIPALITIES AND BY HLRB FOR HIGHLY URBANIZED CITIES, INDEPENDENT) COMPONENT GITIES AND CITIES AND MUNICIPALITIES OF METRO MANILA. _ The Urban Zoning Maps shall be drawn to the scale of 1:2,000 M to 1:4,000 M and the General Zoning Map shall be drawn to the scale of 1:5,000 M; 1:10,000 M or 1:25,000 M. INSTRUCTIONS: In case of loss, damage and/or destruction of the Official Zoning| Maps, the Sangguniang PanglunsodBayan shall request the Housing and Land Use Regulatory Board for an authenticated copy of said Zoning Maps upon payment o appropriate fees. The Sanggunian may likewise adopt a new Zoning map in accordance with the| requirements of Section 48. 49, 50 and 51. Section 7. Zone Boundaries. The locations and boundaries of the above mentioned various zones into which the cityimunicipality has been divided are hereby identified and specified as follows: LOCATION BOUNDED ON THE NORTH BY GOMEZ ST. BOUNDED ON THE SOUTH BY CRUZ ST. BOUNDED ON-THE.EAST BY LEDESMA ST. BOUNDED ON THE WEST BY PONCE ST. BOUNDED ON THE NORTH BY WAWA RIVER BOUNDED ON THE SOUTH BY MCARTHUR HIGHWAY BOUNDED ON THE EAST BY GARCIA ST. BOUNDED ON THE WEST BY ROXAS BLVD. — ee __ 44 f3) INST-1 : 1. ONE-LOT-DEEP FROM SUMULONG HIGHWAY ON Y THE NORTH TO AN AGRICULTURAL AREA ON THE SOUTH; BOUNDED ON THE EAST AND WEST BY AGRICULTURAL AREAS INSTRUCTIONS. State the location and extent of boundaries of the various zones, specifying boundaries along named streets, significant landmarks, and other naturall planning boundaries, whenever present or appropriate. In general, zoning boundaries| shall be delineated by either natural or manmade features such as rivers, roads etc. or by| measuring depth and breadth of the zone, or by establishing radial distance in case the| zone is circular, or their combinations in irregular zones. There should be a strict correspondence between the number and nature of zones| identified in Section 5 of this Article and the description of boundaries therein. Furthermore, the textual description of boundaries should correspond accurately and) \exactly with the boundaries in the zoning map. Lastly, the identified zone boundaries may be enumerated in the Appendix of the Zoning] Ordinance. | Section 8. Interpretation of the Zone Boundary. In the interpretation of the boundaries for any of the zones indicated on the Zoning Map, the following rules shalll apply: 1, Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the street or highway right-of-way lines, shall be construed to be the boundaries. 2. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries. 3. Where zone boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets and highways, such zone boundaries shall be vonstrued as being parallel thereto and at such distance there from as indicated in 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 approximately a railroad line, such boundary shall be deemed to be the railroad right-of-way. 5. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary Jine shall be deemed to be at the limit of the political jurisdiction of the : -community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines. 6. Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided by a zone boundary line, the lot shall be construed to be within the zone where the major portion of the lot is locatea. In case the lot is bisected by the boundary line, it shall fall in the zone where the principal structure falls. 7. Where zone boundary is indicated as one-lot-deep, said depth shall be construed to be the average lot depth of the lots involved within each particular city/municipal block. Where, however, any lot has a depth greater than said average, the remaining portion of said lot shall be construed as covered by the one-lot-deep zoning district provided the remaining portion has an area less than fifty percent (50%) of the total area of the entire lot. If the remaining portion has an area equivalent to fifty percent (50%) or more of the total area of the lot then the average lot depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts, as the case may be. In case of any remaining doubt as to the location of any property along zone boundary lines, such property shall be considered as falling within the less restrictive zone. 8. The textual description of the zone boundaries shall prevail over that of the Official Zoning Maps. INSTRUCTIONS: _ In case of difficulty or conflict in the interpretation of the Official) Zoning Maps and text, the Zoning Administrator/ZONING OFFICER may avail assistance from the HLRB. ARTICLE V ZONE REGULATIONS Section 9. General Provision, The uses enumerated in the succeeding sections are not exhaustive nor all-inclusive. The LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS [LZBAA] shall, subject to the requirements of this Article, allow other uses not ‘enumerated hereunder provided that they are compatible with the uses expressly allowed. Allowance of further uses shall be based on the intrinsic qualities of the land and the socio- economic potential of the locality with due regard to the maintenance of the essential qualities of the zone. Specific uses/activities of lesser density within a particular zone (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 on 16 csubdivisions (e.g. GC, C-1, C-2), except for uses expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and not inter-zonal. Section 10. Use Regulations in General Residential Zone (GRZ). A GR zone shall be used principally for dwelling/housing purposes so as to maintain peace and quiet of the area within the zone, The following are the allowable uses: Detached family dwelling Multi-family dwelling e.g. row-houses, apartments Residential Condominium Apartment Hometel Pension House Hotel apartment or apartel Dormitory Boarding House Branch libraries and museums Customary accessory uses like: SZOPN OMAN a ad a. Servants quarter b. Private garage c. Guard house 12. Home occupation for the practice of one's profession or for engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that: 2 The number of persons engaged in such business/industry shall not exceed five (6), inclusive of the owner; b. There shall be no change in the outside appearance of the building premises; 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 exoected 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 the required frout yard; e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises. >43. Home Industry Classified as cottage industry 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 a hazard or nuisance, b. _Alllotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI); c. Such shall consider same provisions as enumerated in letters ¢, d and o number 12, home occupation, this section. 14, Recreational facilities for the exclusive use of the members of the family residing within the premises, such as: a, Swimming pool b. — Pelota court c. Others. 15. _Nursery/Elementary School 16. High School 17. Vocational School 18. Sports Club 19. Religious Use 20. — Multi-purpose hall/barangay hall 21. Clinic, nursing and convalescing home, health center 22. Plant nurseries INSTRUCTIONS: In allowing high school and/or vocational school, the] Department of Education, Culture and Sports and the Zoning Administrator/ZONING| OFFICER may impose specific conditions. To make zoning more implementable and suitable in a given type of locality, two] approaches may apply in the designation of residential zone or district: 4. Designate a generalized residential zone without reference to density level i.e. residential zone (R). iz Designate residential zone in relation to' different density levels: low density| lresidential zone (R-1), medium density residential zone (R-2), and high density| residential zone (R-3) and Socialized Housing Zone (SH Z). 3. For highly urbanized cities and urban/urbanizing municipalities additional! residential zone with specific use regulations may he divided such as follows: Residential Zone (R-4) for Townhouses, Residential Zone (R-5) for residential] |condominium. sth ; 1s 7The local plannerfzoning administrator shall recommend or adopt only one| lapproach in relation to the policies and objectives of the locality as expressed in their) respective Comprehensive Development Plan. For R-1, R-2, R-3_and SH Z models, refer to succeeding sections. Section 10a, Use Regulations in 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 density of 20 dwelling units and below per hectare. The following are allowable uses: 1. Detachad family dwelling 2. Semi-detached family dwelling e.g. duplex, rowhouse 3. Customary accessory uses like: a. Servants quarter b. Private garage c. Guardhouse 4. Home occupation for the practice of one's profession or for engaging an in-house business such as dressmaking, tailoring, baking, running a sari-sari store and the like, provided that: a. The number of persons engaged in such business/industry shall not exceed five (5), inclusive of the owner; b. There shall be no change in the outside appearance of the building or premises; 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; . 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 cottage industry provided that: 19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 a hazard/nuisance; b. Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI); c. Shall consider same provisions as enumerated in letters ¢, d and e of number 4, Home Occupation, this section. 6. __ Recreational facilities for the exclusive use of the members of the family residing within the premises, such as: a. Swimming pool b. — Pelota court c. Others 7. Religious use 8. Multi-purpose/Barangay hall 9. Pre-school 10. Sports club 14. Clinic, nursing and convalescing home, health center 12. Plant nursery Section 10b, Use Regulations in Medium Density Residential (R-2) Zone. _R-2 zones shall be for housing/dwelling PURPOSES io. 21 to 65 dwelling units per hectare. The following are the allowable uses: all uses allowed in R-1 zone apartment boarding houses dormitory branch library and museum elementary schoo! high school NEAaYN> Section 10c. Use Regulations in High Density Residential (R-3) Zone. An R3 shall be for housing/dwelling purposes of high density i.e. 66 or more dwelling units per hectare. The following are the allowable uses: all uses allowed in R-1 and R-2 Zones residential condominium pension house hometel vocational school hotel apartments or apartels aaaen> 207. high school and vocational schools Section 10d, Use Regulations in Socialized Housing Zone (SHZ) - An SHZ. shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279 . Allowable uses: 1. Alluses allowed in General Residential Zone, R1, R2 and R3 Zones Section 11, Use Regulations in General Commercial Zone (GCZ AGC Zone shall be for business/tradelservice uses. Within the zone the following types of establishments shall be allowed: 4... Offices like: a. office building b. office condominium & General retail stores and shops like: department store bookstore and office supply shop home appliance store car shop photo shop flower shop reaoge 3. Food markets and shops like: a. bakery and bake shop b. wine store c. grocery d. supermarket 4. Personal service shops like: a. beauty parlor b. barber shop c. sauna bath and massage clinic d. dressmaking and tailoring shops 5. Recreational center/establishments like: a. moviehouse/theater b. playcourt e.g. tennis court, bowing lane, billiard hall c. swimming pool yy d.— dayand night club C a111. 12. 13. 14. 15. 16. 17. 19. 20. 21. 22 23. 24. 25. 26. 27. 28. e. stadium, coliseum, gymnasium f. other sports and recreational establishment Restaurants and other eateries Short term special education like: dancing schools school for self defense driving schools speech clinics aeop ‘Storerooms but only as may be necessary for the efficient conduct of the business Commercial condominium (with residential units in upper floors) ‘Commercial housing like: hotel apartment apartel boarding house dormitory pension house club house motel yerpaogp Embassy/consulate Library museum Filling Station/service station Clinic Vocationalftechnical school Convention Center and related facilities Messengerial service Security agency Janitorial service Bank and other financial institutions Radio and television station Building garage, parking lot Bakery and baking of bread, cake, pastries, pies and other similar perishable products Custom dressmaking shop Custom tailoring shop ‘Commercial and job printing ‘Typing and photo engraving services a Repair of optical instruments and equipment and cameras 2229. Repair of clocks and watches 30. Manufacture of insignia, badges and similar emblems except metal 31. Transportation terminals/garage with and without repair 32. Repair shops like: a. house appliances repair shops b. motor vehicles and accessory repair shops c. home furnishing shops 33. _ Printing/publishing 34, Machinery display shop/center 35. Gravel and sand 36. Lumber/hardware 37. Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice 38. _ Printing and publishing of books and pamphlets, printing cards and stationary 39, Manufacture of signs and advertising displays (except printed) 40. Chicharon factory 41. Manufacture of wood furniture including upholstered 42, Manufacture of rattan furniture including upholstered 43. Manufacture of box beds and mattresses 44, Welding shops 45, Machine shop service operation (repairing/rebuilding, or custom job orders) 48, Medium scale junk shop 47. Repair of motorcycles 48, Lechon or whole pig roasting 49. Biscuit factory - manufacture of biscuits, cookies, crackers and other similar dried bakery products 50. Doughnut and hopia factory . 51. Other bakery products not elsewhere classified (n.e.c.) 52. Repacking of food products eg. fruits, vegetables, sugar and other related products 53. Plant nursery 54, Funeral parlors, mortuaries and crematory services and memorial chapels 55, Parking lots, garage facilities 56. Other commercial activities not elsewhere classified Two approaches may likewise apply in the designation of| INSTRUCTION. commercial zone: 4. Designate a generalized Commercial Zone without reference to the type of| ‘commercial activities provided in the locality i.e. General Commercial Zone (GC). 2. Designate Commercial Zone in relation to different types of commercial activities/services offered i.e. Principally Commercial Zone (C-1), Quasi- Commercialindustrial Zone (C-2); and large shopping malls in C-3 a | 23The local plannerfzonina Administrator/ZONING OFFICER shall recommend or adopt| ‘only one approach in relation to the policies and objectives of the locality as indicated in] their respective Comprehensive LAND USE Plan. For C-1 and C-2 models, refer to succeeding sections. _ Section 11a, Use Regulations in C-1 Zone. Referred to as the Central Business District (CBD), a C-1 Zone shall be principally for trade, services and business activities. Enumerated below are the allowable uses: ty Offices like: a office building b. office condominium z. General retail stores and shops like: department store/shopping center bookstore and office supply shop car shop home appliance store photo shop flower shop reap ge 3. Food markets and shops like: a. _ bakery and bake shop b. wine store c. grocery d. supermarket 4. Personal services shops like: beauty parlor barber shop sauna bath and massage clinic dressmaking and tailoring shops aorp 5. Recreational center/establishments like: a. moviehouse/theater b. _playcourt eg. tennis, bowing, billiard c. swimming pool d. day and night club . _ stadium, coliseum, gymnasium f. other sports and recreational establishments 246. Restaurants and other eateries 7. Short term special education like: dancing schools schools for self-defense driving schools speech clinics aoop 8. Storeroom and warehouse but only as may be necessary for the efficient conduct of the business 9. ‘Commercial housing like: hotel apartment apartel boarding house dormitory pension house club house motel za*eaogp 10. Commercial condominium (with residential units in upper floors) 11. Embassy/consulate 12. Library, museum 13. _ Filling station/service station 14. Clinic 15. _ Vocationaltechnical school 16. Convention center and related facilities 17. Messengerial service 18. Security Agency 19. Janitorial service 20. Bank and other financial institution 21. Radio and television station 22, _Bullding garage 23. Commercial job printing 24. _ typing and photo engraving services 25. _ Repair of optical instruments and equipment and cameras 26. Repair of clocks and watches 27. Manufacture of insignia, badges and similar'emblems except metal 28. Transportation terminal/garage 29. Plant nurseries 30. Scientific, cultural and academic centers and research facilities except - nuclear, radioactive, chemical and biological warfare facilities. / 25Section 11b. Use Regulations inC-2zone, A C-2 Zone shall be for quasi-rade, business activities and service industries performing complimentary/supplementary functions to principally Commercial Zone (CBD). Within the C-2 Zone the following uses are allowed: 1. Alluses in C-1 may be allowed in C-2 2. Repair shops like: a. house appliances b. motor vehicles and accessory ¢. home furnishing shops 3. Transportation terminaligarage with repair 4. Publishing 5. Medium scale junk shop 6. Machinery display shop/center 7. Gravel and sand 8. Lumber/hardware 9. Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice 40. Manufacture of signs and advertising displays (except printed) 41. Chicharon factory 12. Welding shops 43. Machine shop service operations (repairing/rebuilding, or custom job orders) 144. Repair of motorcycles 15. __Lechon or whole pig roasting 16. _ Biscuit factory - manufacture of biscuits, cookies, crackers and other similar dried bakery products 17. Doughnut and hopia factory 18. Other bakery products not elsewhere classified 19. Repacking of food products e.g. fruits, vegetables, sugar and other related products 20. Funeral parlors, mortuaries and crematory services and memorial chapels 21. Parking lots, garage faci 22. Other commercial activities not elsewhere classified Section 12. Use Regulation in Light Industrial Zone (1-1). ‘An F-1 zone shall be for non-pollutive/ non-hazardous and non-pollutive/ hazardous manufacturing/ processing establishments. Enumerated below are the allowable uses: INSTRUCTIONS: For municipalities with no potential for manufacturing| industries or do not encourage the setting up of one, there is no necessity to include| industrial zone in its Zoning Ordinance. wi 26Non-Pollutive/Non-Hazardous Industries PNA aw ao 33 11. 12. 13. 15. 16. 17. 18. 19. 20. 21 22. 23. 24. 25. 26. 27. 28. 29. 31. 32. Drying fish Biscuit factory - manufacture of biscuits, cookies, crackers and other similar dried bakery products Doughnut and hopia factory Manufacture of macaroni, spaghetti and vermicelli and other noodles Other bakery products not elsewhere classified (n..e.c.) Life belts factory Manufacture of luggage, handbags, wallets and small leather goods Manufacture of miscellaneous products of leather and leather substitute and n.e.c. Manufacture of shoes except rubber, plastic and wood Manufacture of slipper and sandal except rubber and plastic Manufacture of footwear parts except rubber and plastic Printing, publishing and allied irdustries and those n.e.c. Manufacture or assembly of typeviters, cash registers, weighing, duplicating and accounting machines Manufacture or assembly of electronic data processing machinery and accessories Renovation and repair of office machinery Manufacture or assembly of Miscellaneous office machines and those ne.c. Manufacture of rowboats, bancas, sailboats Manufacture of animal drawn vehicles Manufacture of children vehicles and baby carriages Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc. Manufacture ef measuring and controlling equipment, plumb:bomb, rain gauge, taxi meter, thermometer, etc. Manufacture or assembly of surgical, medical, dental equipment and medical furniture Quick freezing and cold packaging for fish and other seafoods Quick freezing and cold packaging for fruits and vegetables Popcornirice factory Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc. Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporters, etc.) Manufacture of photographic equipment and accessories Manufacture or assembly of optical instruments Manufacture of eyeglasses and spectacles Manufacture of optical lenses Manufacture of watches and clocks 27Manufacture of pianos Manufacture of string instruments Manufacture of wind and percussion instruments Manufacture of assembly of electronic organs Manufacture of sporting gloves and mitts Manufacture of sporting ballls (not of rubber or plastic) Manufacture of gym and playground equipment Manufacture of sporting tables (billiards, pingpong, pool) Manufacture of other sporting and athletic goods, n.e.c. Manufacture of toys and dolls except rubber and mold plastic Manufacture of pens, pencils and other office and artist materials Manufacture of umbrella and canes Manufacture of buttons except plastic Manufacture of brooms, brushes and fans Manufacture of needles, pens, fasteners and zippers Manufacture of insignia, badges and similar emblems (except metal) Manufacture of signs and advertising displays (except printed) ‘Small-scale manufacture of ice cream Non-Pollutive/Hazardous industries Pipes PS On 12. 13. 14, 15. 16. 17. 18. Manufacture of house furnishing Textile bag factories Canvass bags and other canvass products factory Jute bag factory Manufacture of miscellaneous textile goods, embroideries and weaving apparel Manufacture of fiber batting, padding and upholstery filling except choir Men's and boy's garment factory Women's and girls’ and ladies’ garment factory Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories Manufacture of raincoats and waterproof outer garments except jackets Manufacture of miscellaneous wearing apparel except footwear and those n.e.c. Manufacture of miscellaneous fabricated mill work and those n.e.c. Manufacture of wooden and cane containers Sawali, nipa and split cane factory Manufacture of bamboo, rattan and other cane baskets and wares Manufacture of cork products Manufacture of wooden shoes, shoe lace and other similar products Manufacture of miscellaneous wood products and those n.e.c. Ja19. 20. 21. 22. Section 13. Manufacture of miscellaneous furniture and fiture except primarily of metals and those n.e.c. Manufacture of paper stationary, envelopes and related articles Manufacture of dry ice Repacking of industrial products e.g. paints, vamishes and other related products Use Regulations in Medium Industrial Zone (1-2) An 1-2 Zone shall be for pollutive/non-hazardous and pollutive/hazardous manufacturing and processing establishments. Enumerated below are the allowable uses: a. Pollutive/Non-Hazardous Industries PENOMaAYNS Manufacture and canning of ham, bacon and native sausage Poultry processing and canning Large-scale manufacture of ice cream Com millRicemill Chocolate and cocoa factory Candy factory Chewing gum factory Peanuts and other nuts factory Other chocolate and confectionery products Manufacture of flavoring extracts Manufacture of food products n.e.c. (vinegar, vetsin) Manufacture of fish meal Oyster shell grading Manufacture of medicinal and pharmaceutical preparations Manufacture of stationary, art goods, cut stone and marble products Manufacture of abrasive products Manufacture of miscellaneous non-metallic mineral products n.e.c. Manufacture of cutlery, except table flatware Manufacture of hand tools Manufacture of general hardware Manufacture of miscellaneous cutlery hand tools and general hardware n.e.c. Manufacture of household metal furniture Manufacture of office, store and restaurant metal furniture Manufacture of metal blinds, screens and shades Manufacture of miscellaneous furniture and fixture primarily of metal n.e.c. Manufacture of fabricated structural iron and steel Manufacture of architectural and ornamental metal works Manufacture of boilers, tanks and other structural sheet metal works Manufacture of other structural products n.e.c. 7 2931. 32. 33. 51. 52. 53. 54. 55. 56. 57. Manufacture of metal cans, boxes and containers Manufacture of stamped coated and engraved metal products Manufacture of fabricated wire and cable products Manufacture of heating, cooking and lighting equipment except electrical Sheet metal works generally manual operation Manufacture of other fabricated metal products except machinery and equipment n.e.c. Manufacture or assembly of agricultural machinery and equipment Native plow and harrow factory Repair of agricultural machinery Manufacture or assembly of service industry machines Manufacture or assembly of elevators and escalators Manufacture or assembly of sewing machines Manufacture or assembly of cooking ranges Manufacture or assembly of water pumps Reftigeration industry Manufacture or assembly of other machinery and equipment exeept electrical n.e.c. Manufacture and repair of electrical apparatus Manufacture and repair of electrical cables and wires Manufacture of electrical cables and wires Manufacture of other electrical industrial machinery and apparatus nec. Manufacture or assembly of electric equipment radio and television, tape recorders, stereo Manufacture or assembly of radio and television transmitting, signaling and detection equipment Manufacture or assembly of telephone and telegraphic equipment Manufacture of other electronic equipment and apparatus n.e.c. Manufacture of industrial and commercial electrical appliances Manufacture of household cooking, heating and laundry appliances Manufacture of other electrical appliances n. Manufacture of electric lamp fixtures Pollutive/Hazardous Industries oP exoge Flour mill Cassava flour mill Manufacturing of coffee Manufacturing of unprepared animal feeds, other grain milling nes. Production prepared feeds for animals Cigar and Cigarette factory z Curing and redrying tobacco leaves Miscellaneous processing tobacco leaves, n.e.c. 30Weaving hemip textile Jute spinning and weaving Miscellaneous spinning and weaving mills, n.e.c. Hosiery mill Underwear and outwear knitting mills Fabric knitting mills Miscellaneous knitting mills n.e.c. Manufacture of mats and mattings Manufacture of carpets and rugs Manufacture of cordage, rope and twine Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc. Manufacture of linoleum and other surfaced coverings Manufacture of artificial leather, oil cloth and other fabrics except rubberized Manufacture of coir Manufacture of miscellaneous textile, n.e.c. Manufacture of rough lumber, unworked Manufacture of worked lumber Resawmills Manufacture of veneer, plywood and hardwood Manufacture of doors, windows and sashes Treating and preserving of wood Manufacture of charcoal Manufacture of wood and cane blinds, screens and shades Manufacture of containers and boxes of paper and paper boards Manufacture of miscellaneous pulp and paper products, n.e.c. Manufacture of perfumes cosmetics and other toilet preparations Manufacture of waxes and polishing preparations Manufacture of candles Manufacture of inks Manufacture of miscellaneous chemical products, n.e.c. Tire retreating and rebuilding Manufacture of rubber shoes and slippers Manufacture of industrial and moulded rubber products Manufacture of plastic footwear Manufacture of plastic furniture Manufacture of other fabricated plastic products, n.e.c. Manufacture of table and kitchen articles Manufacture of pottery, china and earthen ware n.e.c. Manufacture of flat glass Manufacture of glass containers Manufacture of miscellaneous glass and glass products, n.e.c. Manufacture of clay bricks, clay tiles and hollow clay tiles Manufacture of miscellaneous structural clay products, n.e.c. Manufacture of structural concrete products 3153. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68, 69. 70. 71. 72. 73. 74. 75. Section 14. Manufacture of asbestos products Manufacture of engines and turbines except motor vehicles, marine and aircraft Manufacture of metal cutting, shaving and finishing machinery Manufacture of wood working machinery Manufacture, assembly, rebuilding, repairing of food and beverage making machinery Manufacture, assembly, rebuilding, repairing of textile machinery and equipment Manufacture, assembly, rebuilding, repairing of paper industry machinery Manufacture, assembly, rebuilding, repairing of printing, trade machinery and equipment Manufacture of rice mills Manufacture of machines for leather and leather products Manufacture of construction machinery Manufacture of machines for clay, stove and glass industries Manufacture, assembly, repair, rebuilding of miscellaneous spécial industrial machinery and equipment, n.e.c. Manufacture of dry cells, storage battery and other batteries Boat building and repairing Ship repairing industry, dock yards, dry dock, shipways Miscellaneous shipbuilding and repairing, n.e.c. Manufacture of locomotives and parts Manufacture of railroad and street cars Manufacture or assembly of automobiles, cars, buses, trucks and trailers Manufacture of wood furniture including upholstered Manufacture of rattan furniture including upholstered Manufacture of box beds and mattresses Use Requlations in Heavy Industrial Zone (1-3). An 1-3 Zone shall be for highly pollutive/ non-hazardous; highly pollutive/ hazardous; highly pollutive/ extremely hazardous; non-pollutiveextremely hazardous; and pollutive!) extremely hazardous manufacturing and processing establishments. Enumerated below are the allowable uses: a. Highly Pollutive/Non-Hazardous Industries 1. 2. ae Meat processing, curing, preserving except processing of ham, bacon, sausage and chicharon Milk processing plants (manufacturing filled, reconstituted, or recombined milk, condensed or evaporated) Butter and cheese processing plants Natural fluid milk processing (pasteurizing, homogenizing, ‘ vitaminizing, bottling of natural animal milk and cream related p> products) 32Other dairy products, n.e.c. Canning and preserving of fruits and fruit juices Canning and preserving of vegetables and vegetable juices Canning and preserving of vegetable sauces Miscellaneous canning and preserving of fruits and vegetables, nec. Fish canning Patis factory Bagoong factory Processing, preserving and canning of fish and other seafoods, nec. Manufacture of dessicated coconut Manufacture of starch and its products. Manufacture of wines from juices of local fruits Manufacture of matt and malt liquors Manufacture of soft drinks carbonated water Manufacture of instant beverages and syrups Other non-alcoholic beverages, n..c. Other slaughtering, preparing and preserving meat products, n.e.c. Highly Pollutive/Hazardous Industries PONMARONs 11. 12. 13. 14, 15, 16, 17. 19. 20. 21. 22. 23. 24, Vegetable oil mills, including coconut oil Manufacturing of refines cooking oil and margarine Manufacture of fish, marine and other animal oils Manufacture of vegetable and animal oils and fats, n.e.c Sugar cane milling (centrifugal and refined) Sugar refining Muscovado sugar mill Distilled, rectified and blended liquors, n.e.c. Cotton textile mill Ramie toxtile mill Rayon and other man made fiber textile mill Bleaching and drying mills Manufacture of narrow fabrics Tanneries and leather finishing plants Pulp mill Paper and paperboard mills Manufacture of fiberboard Manufacture of inorganic salts and compounds Manufacture of soap and cleaning preparations Manufacture of hydraulic cement Manufacture of lime and lime kilns Manufacture of plaster Products of blast furnaces, steel works and rolling mills Products of iron and steel foundries 2325. Manufacture of smelted and refined non-ferrous metals 26. Manufacture of rolled, drawn or astruded non-ferrous metals 27. Manufacture of non-ferrous foundry products c. Highly Pollutive/Extremely Hazardous Industries 1, Manufacture of industrial alcohols 2. Other basic industrial chemicals, n.e.c. 3. Manufacture of fertilizers 4. Manufacture of pesticides 5. Manufacture of synthetic resins, plastic materials and man made fibers except glass 6. Petroleum refineries 7. Manufacture of reclaimed, blended and compound petroleum products 8. Manufacture of miscellaneous products of petroleum and coal, nec. d. _ Pollutive/Extremely Hazardous Industries 1, Manufacture of paints 2. Manufacture of varnishes, shellac and stains 3. Manufacture of paint removers 4. Manufacture of other paint products 5. Manufacture of matches 6. Manufacture of tires and inner tubes 7. Manufacture of processed natural rubber not in rubber plantation 8. Manufacture of miscellaneous rubber products, n.e.c. e. Non-Pollutive/Extrernely Hazardous Industries 1. Manufacture of compressed and liquefied gases Section 15. Use Regulations in General Institutional (GIZ) Zone. In GI Zone, the following uses shall be allowed: 1. Government center to house national, regional or local offices in the area 2. Colleges, universities, professional business schools, vocational and trade schools, technical schools and. other institutions of higher learning General hospitals, medical centers, multipurpose clinics Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities Convention centers and related facilities Religious structures e.g. church, seminary, convents 7 ee Museums Embassies/consulate exon 349. ‘Student housing e.g. dormitories, boarding house Section 16. Use Regulations in Special Institutional (SIZ) Zone. In SI Zones, the following uses shall be allowed: 1. 2. 3. 4 Welfare homes, orphanages, boys and girls town, home for the aged and the like Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed mothers, physically, mentally and emotionally handicapped, ex-sanitaria inmates and similar establishments Military camps/reservations/bases and training grounds Penitentiary and correctional institution Section 17. Use-Regulations in Parks and Recreation Zone (PRZ). The following uses shall be allowed in Parks and Recreation Zones: 1. 2. NOS Parks/gardens Resort aréas e.g. beaches, including accessory uses Open air or outdoor sports activities and support facilities, including low rise stadia, gyms, amphitheaters and swimming pools Golf courses, ball courts, race tracts and similar uses Memorial/Shrines monuments, kiosks and other park structures Sports Club UNDERGROUND PARKING STRUCTURES/FACILITIES Section 18 Use Regulations for Agricultural (Agr.) Zone (AGZ) In Agr. Zones the following uses shall be permitted: 4. 2. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, ete. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm, monkey raising and the like Customary support facilities such as palay dryers and rice treshers and storage barns and warehouses Ancillary dwelling units/farmhouses for tillers and laborers Agricultural research and experimentation facilities such a breeding stations, fishfarms, nurseries, demonstration farms, etc. Pastoral activities such as goat raising and cattle fattening Home occupation for the practice of one's profession or engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the ?* 35like, provided that: a. Number of persons engaged in such business/industry shall not ‘exceed five (5), inclusive of the owner; b. There shall be no change in the outside appearance of the building premises; cc. No home occupation-shall be conducted in any customary accessory uses cited above; d. No traffic stiall be generated by such home occupation in greater volume than would nermally 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 in a place other than the required front yard; fe. No equipment or process shall be used in such occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises. 9. Home industry classified as cottage industry e.g. mat weaving, pottery making, food preservation, etc. provided that: a. ‘Such home industry shall not occupy more than thirty (30%) of floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall nt be a hazard or nuisance; b. _ Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI); c. Such shall consider same provisions as enumerated in letters c, d and e of Home Occupation, this section. 40. Backyard raising of livestock and fowl, provided that: a. For livestock - a maximum of 10 heads b. For fowl - a maximum of 500 birds Section 19. Use Regulations in Agro-Industrial Zone (AIZ). In Agr.-I Zones the following uses shall be permitted: 1. Alluses allowed in agriculture fs 2. Rice/corn mills (single pass) f 363. Drying, cleaning, curing and preserving of meat and its by products and derivatives 4. Drying, smoking and airing of tobacco 5. Flour mill 6. Cassava flour mill 7. Manufacture of coffee 8. Manufacture of unprepared animal feeds, other grain milling, n.e.c. 9. Production of prepared feeds for animals 10. Cigar and Cigarette factory 11. Curing and redrying tobacco leaves 12. Miscellaneous processing tobacco leaves, n.e.c. 13, Weaving hemp textile 14, Jute spinning and weaving 15. | Manufacture of charcoal 16, _ Milk processing plants (Manufacturing filled, reconstituted or recombined milk, condensed or evaporated) 17. _ Butter and cheese processing plants 18. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottiing of natural animal milk and cream related products) 49. Other dairy products, n.e.c. 20. Canning and preserving of fruits and fruit juices 21. Canning and preserving of vegetables and vegetable juices 22. Canning and preserving of vegetable sauces 23. Miscellaneous canning and preserving of fruit and vegetables n.e.c. 24. Fish canning 25. Patis factory 26. — Bagoong factory 27. Processing, preserving and canning of fish and other seafoods nec. 28. Manufacture of dessicated coconut 29. Manufacture of starch and its products 30. Manufacture of wines from juices of local fruits 31. Vegetable oil mills, including coconut oil 32. Sugarcane milling (centrifugal and refines) 33. Sugar refining 34. Muscovado sugar mill 35. Cotton textile mill 36. _ Manufacture/processing of other plantation crops e.g. pineapple, bananas, etc, 37. Other commercial handicrafts and industrial activities utilizing plant or animal parts and/or products as raw materials, n.e.c. 38. Other accessory uses incidental to agro-industrial activities Section 20. Use Regulations in Forest Zones (FZ) NO DEVELOPMENT USE, OR ACTIVITY SHALL BE ALLOWED IN FOREST ZONES UNLESS CONSISTENT “ms 37THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES' (DENR) DEVELOPMENT REGULATIONS FOR FOREST ZONES AND A PERMIT, LEASE OR LICENSE IS ISSUED BY THE DENR FOR THE FOLLOWING: 1. CONTRACT REFORESTATION WITH FOREST LAND MANAGEMENT AGREEMENT [FLMA] 2. COMMERCIAL TREE PLANTATION AND INDUSTRIAL FOREST PLANTATION [(1TPAFP] 3. INTEGRATED SOCIAL FORESTRY PROGRAMS [ISF] 4. COMMUNITY-BASED FOREST MANAGEMENT 5. REFORESTATION COMPLIANCE BY FOREST USERS BY TEMPORARY LEASE AGREEMENT 6. REFORESTATION COMPLIANCE BY PASTURE LEASE AGREEMENT 7. ECOLOGICAL REVOLUTION PROGRAMS [ECOREV] OTHER ALLOWABLE USES SUCH AS MINING, INFRASTRUCTURE DEVELOPMENT, FISHPOND AND RESETTLEMENT PURPOSES SHOULD BE IN CONSONANCE WITH NATIONAL POLICIES AS ENUMERATED BELOW: 1. MINING NO EXTRACTION EXCAVATION OR OTHER MINING ACTIVITY SHALL BE UNDERTAKEN EXCEPT IN ACCORDANCE WITH THE MINING CODE AND ITS IMPLEMENTING RULES AND REGULATIONS. 2. FISHPOND PURPOSES FISHING ACTIVITIES WITHIN THE FOREST ZONE SHALL BE UNDERTAKEN PURSUANT TO THE PROVISIONS OF THE FISHERIES CODE AND ITS IMPLEMENTING RULES AND REGULATIONS AND THE REVISED FORESTRY CODE OF THE PHILIPPINES AS AMENDED. 3. INFRASTRUCTURE AND RESETTLEMENT INFRASTRUCTURE DEVELOPMENT AND RESETTLEMENT UNDERTAKEN WITHIN FOREST ZONES SHALL BE CONSISTENT WITH THE PROVISIONS OF THE REVISED FORESTRY CODE OF THE PHILIPPINES, AS AMENDED, AND SUBJECT TO AN ENVIRONMENTAL IMPACT ASSESSMENT, PRIOR TO THE APPROVAL OF SUCH PROJECTS IN ORDER TO DETERMINE THEIR ENVIRONMENTAL IMPACTS AND SOCIAL ACCEPTABILITY. Section 21. Use Regulations in Water Zone (WZ). 1. THE UTILIZATION OF THE WATER RESOURCES FOR DOMESTIC AND INDUSTRIAL USE. SHALL BE ALLOWED PROVIDED IT IS IN CONSONANCE WITH THE DEVELOPMENT REGULATIONS OF DENR, PROVISIONS OF THE WATER 38CODE, AND THE REVISED FORESTRY CODE OF THE PHILIPPINES, AS AMENDED, AND PROVIDED FURTHER, THAT IT IS SUBJECTED TO AN ENVIRONMENTAL IMPACT ASSESSMENT PRIOR TO THE APPROYAL OF ITS USE. 2. OTHER USES SUCH AS RECREATION, FISHING AND RELATED ACTIVITIES, FLOATAGE/TRANSPORTATION AND MINING (E.G. OFF SHORE OIL EXPLORATION) SHALL ALSO BE ALLOWED PROVIDED IT IS IN CONSONANCE WITH THE PROVISIONS OF THE WATER CODE, AND THE REVISED FORESTRY CODE OF THE PHILIPPINES, AS AMENDED. SUCH BODIES OF WATER SHALL INCLUDE RIVERS, STREAMS, LAKES AND SEAS. Section 22. Regulations in Tourist Zone (TZ) NO TOURISM PROJECT OR TOURIST RELATED ACTIVITIES SHALL BE ALLOWED IN TOURIST ZONES UNLESS DEVELOPED OR UNDERTAKEN IN ACCORDANCE WITH THE DEPARTMENT OF TOURISM [DOT] GUIDELINES AND STANDARDS AND GRANTED APPROVAL BY THE TOURISM ESTATE DEPARTMENT OF DOT. ARTICLE VI GENERAL DISTRICT REGULATION Section 23. DEVELOPMENT DENSITY. PERMITTED DENSITY SHALL BE BASED ON THE ZONES CAPACITY TO SUPPORT DEVELOPMENT. A. RESIDENTIAL ZONES A LOW DENSITY RESIDENTIAL ZONE (R-1) - IN R-1 ZONE, ALLOWED DENSITY IS TWENTY (20) DWELLING UNITS AND BELOW PER HECTARE; A.2 MEDIUM DENSITY RESIDENTIAL ZONE (R-2) - IN R-2 ZONE, ALLOWED DENSITY IS TWENTY ONE TO SIXTY-FIVE (21 TO 65) DWELLING UNITS PER HECTARES; A3 HIGH DENSITY RESIDENTIAL ZONE (R-3) - IN R-3 ZONE, ALLOWED DENSITY IS SIXTY-SIX (66) OR MORE DWELLING UNITS PER HECTARE. INSTRUCTIONS: THE DENSITY ALSO IMPLIES THAT ONLY TWENTY (20) HOUSEHOLDS AND BELOW SHALL BE ALLOWED IN R-1 ZONES; TWENTY ONE) TO SIXTY FIVE (21-65) HOUSEHOLDS SHALL BE ALLOWED IN R-2 ZONES, AND) |SIXTY-SIX (66) HOUSEHOLDS AND OVER ARE ALLOWED IN R-3 ZONES.B. ALLOTHER ZONES THERE IS NO FIXED MAXIMUM DENSITY BUT SHOULD BE BASED ON THE PLANNED ABSOLUTE LEVEL OF DENSITY THAT IS INTENDED FOR EACH CONCERNED ZONE BASED ON THE COMPREHENSIVE LAND USE PLAN. Section 24. HEIGHT REGULATIONS. BUILDING HEIGHT MUST CONFORM TO THE HEIGHT RESTRICTIONS AND REQUIREMENTS OF THE AIR TRANSPORTATION OFFICE (ATO) AS.WELL AS THE REQUIREMENTS OF THE NATIONAL BUILDING CODE, THE STRUCTURAL CODE AS WELL AS ALL LAWS, ORDINANCES, DESIGN STANDARDS, RULES AND REGULATIONS RELATED TO LAND DEVELOPMENT AND BUILDING CONSTRUCTION AND THE VARIOUS SAFETY CODES. A. RESIDENTIAL ZONES A1 LOW DENSITY RESIDENTIAL ZONES (R-1) - IN R-1 ZONE, NO BUILDING OR STRUCTURE FOR HUMAN OCCUPANCY WHETHER PUBLIC OR PRIVATE SHALL BE HIGHER THAN TEN (10) METERS ABOVE HIGHEST NATURAL GRADE LINE IN THE PROPERTY OR FRONT SIDEWALK (MAIN ENTRY) LEVEL; LOW RISE DWELLINGS ARE UP TO THREE STOREYS. ‘2. MEDIUM DENSITY RESIDENTIAL ZONES (R-2) - IN R-2 ZONE, NO BUILDING OR STRUCTURE FOR HUMAN OCCUPANCY WHETHER PUBLIC OR PRIVATE SHALL BE HIGHER THAN TWENTY-ONE (21) METERS ABOVE HIGHEST NATURAL GRADE LINE IN THE PROPERTY OR FRONT SIDEWALK (MAIN ENTRY) LEVEL; MID-RISE DWELLINGS ARE FOUR TO SEVEN STOREYS. A3 HIGH DENSITY RESIDENTIAL ZONES (R-3) - IN R-3 ZONE, HIGH RISE DWELLING UNITS OF EIGHT OR MORE STOREYS ARE ALLOWED PROVIDED IT CONFORMS WITH THE ZONE’S PRESCRIBED FLOOR AREA RATIO (FAR). THE FAR OF AN R3 ZONE SHALL BE BASED ON THE PLANNED DENSITY OF DEVELOPMENT INTENDED FOR THE ZONE. INSTRUCTIONS: BUILDING HEIGHT REGULATIONS IS COMBINED WITH THE) PLANNED ALLOWABLE DENSITY PER RESIDENTIAL ZONE. THUS, AN R-1 ZONE ONL [ALLOWS TWENTY (20) OR LESS HOUSEHOLDS PER HECTARE WITH BUILDING) STRUCTURES NOT HIGHER THAN TEN (10) METERS ABOVE HIGHEST NATURAL| |GRADE LINE. IN HIGH DENSITY RESIDENTIAL ZONES (R-3) SIXTY-SIX (66) OR MORE) HOUSEHOLDS ARE ALLOWED FOR AS LONG AS THE ZONE IS PLANNED TO SUPPORT) [AND ACCOMMODATE THE INTENDED DENSITY AND THE HEIGHT RESTRICTIONS OF THE AIR TRANSPORTATION OFFICE (ATO) IS COMPLIED WITH. THE LGU CONCERNED MAY PRESCRIBE FLOOR AREA RATIOS [FAR] IN CERTAIN R-3 ZONES TO LIMIT BOTH THE BULK AND HEIGHT OF BUILDINGS IN SUCH ZONES CONSISTENT WITH THE| \LOCAL GOVERNMENT'S PLAN FOR THE AREA. * ayB. ALL OTHER ZONE THERE IS NO FIXED BUILDING HEIGHT LIMITS EXCEPT THOSE PRESCRIBED BY THE AIR TRANSPORTATION OFFICE [ATO] AND OTHER GOVERNMENT REGULATIONS. WITHIN THESE ZONES, BUILDING HEIGHTS SHALL BE BASED ON THE PRESCRIBED FLOOR AREA RATIO [FAR]. [REFER TO ANNEXES B-F FOR ILLUSTRATION ON HOW FLOOR AREA RATIO IS USED IN A ZONING PLAN] {_ INSTRUCTIONS: LOCAL GOVERNMENT UNITS, HOWEVER, MAY CHOOSE| TO PRESCRIBE BUILDING HEIGHTS FOR CERTAIN ZONES IF SPECIFIC) CONDITIONS REQUIRE THEM [E.G. IN TOURISM ZONES WHERE CERTAIN VIEWS NEED TO BE PRESERVED SUCH AS TAGAYTAY RIDGE SO AS NOT TO BLOCK THE SCENIC VIEW OF THE TAAL LAKE OR IN HISTORICAL DISTRICTS WHERE IT; HAS BEEN DECIDED THAT NO BUILDING SHOULD BE HIGHER THAN AN| IDENTIFIED HISTORICAL STRUCTURE]. Section 25. Exemptions from Height Regulation in R-1 and R-2. Exempted from the imposition of height regulations in residential zones are the following: towers, church steeples, water tanks and other utilities and such other structures not covered by the height regulations of the National Building Code AND/OR THE AIR TRANSPORTATION OFFICE. INSTRUCTIONS: Building height should depend on the following considerations: ATO REQUIREMENTS Provisions of the National Building Code Traffic situation in the immediate vicinity or district where the building is located Capacity of utility system to support structure requirements e.g water, power, etc. Section 26. Area Regulations. Area regulation in all zones shall conform with the minimum requirement of the existing codes such as: a P.D. 957 - the “Subdivision and Condominium Buyers’ Protective Law.” and its revised implementing rules and regulations b. BP. 220 - "Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects” and it's revised implementing rules and regulations. c. _ P.D., 1096 - National Building Code 4. Fire Code e. SANITATION CODE . f. Plumbing Code g. STRUCTURAL CODE h. Executive Order No. 648 ani Other relevant guidelines promulgated by the national agencies concemed. Section 27. Road Setback Regulations. The following road setback regulations shall be applied: ROAD SETBACK Major Secondary Tertiary Zoning Classification : Thoroughfare Road Road 30m. & above 6m. & below Provincial :Mun. /Brgy. Residential 2 10m. : 10m. a, 3m. Commercial ' 20m. ¥ 20 m. ; 7m. Industrial 5 30 m. 2 25m. : 10m. Agriculture Fi 20m 3 20m. ; 7m Agro-Industrial 5 30m. 25m = 10m. Institutional 3 20m. 7 20m. 2 10m. Parks & Recreation 3 10m. ¢ 10m. if 3m. Forest 3 30m. ' 25m. é 10 m. Source: DPWH INSTRUCTIONS: THE ROAD SETBACK REQUIREMENTS OF DPWH STARTS| FROM THE EDGE OF THE ROAD RIGHT-OF-WAY. FOR MAJOR THOROUGHFARES AND ROADS WITH ESTABLISHED GRADE, A 5 METER SETBACK FOR| RESIDENTIAL AREAS IS ALLOWED. THE REQUIRED SETBACK ARE ALREADY ANNOTATED ON THE TITLES OF AFFECTED PROPERTY OWNERS. J Section 28. Easement. PURSUANT TO THE PROVISIONS OF THE WATER CODE: 1.) THE BANKS OF RIVERS AND STREAMS AND THE SHORES OF THE SEAS AND LAKES THROUGHOUT THEIR ENTIRE LENGTH AND WITHIN A ZONE OF THREE (3) METERS IN URBAN AREAS; TWENTY (20) METERS IN AGRICULTURAL AREAS AND FORTY (40) METERS IN FOREST AREAS, ALONG THEIR MARGINS, ARE SUBJECT TO EASEMENT OF PUBLIC USE IN THE INTEREST OF RECREATION, NAVIGATION, FLOATAGE, FISHING AND SALVAGE. NO PERSON SHALL BE ALLOWED TO STAY IN THIS ZONE LONGER THAN WHAT IS NECESSARY FOR SPACE OR RECREATION, NAVIGATION, FLOATAGE, FISHING OR SALVAGE OR TO BUILD STRUCTURES OF ANY KIND. ps2) MANDATORY FIVE-METER EASEMENT ON BOTH SIDES OF THE MARIKINA FAULT TRACE AND SUCH OTHER FAULT TRACES ON THE GROUND IDENTIFIED BY PHIVOLCS. Section 29. Buffer Regulations. A buffer of 3 meters shall be provided along entire boundary length between two or more conflicting zones allocating 1.5 meters from each ‘side of the district boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of the yard or open space. Section 30. Specific Provisions in the National Building Code. Specific provisions stipulated in the National Building Code (P.D. 1096) as amended thereto relevant to traffic generators, advertising and business signs, erection of more than one principal structure, dwelling or rear lots, access yard requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance, shall be observed. ARTICLE VIT INNOVATIVE TECHNIQUES Section 31. Innovative Techniques or Designs. For projects that introduce flexibility and creativity in design or plan such as BUT NOT LIMITED to Planned Unit Development, HOUSING projects covered by New Town Development under RA 7279, BLISS Commercial Complexes, etc., the Zoning AdministratorZONING OFFICER shall on grounds of innovative development techniques forward applications to HLRB for appropriate action, UNLESS THE LOCAL GOVERNMENT UNITS CONCERNED HAS THE CAPACITY TO PROCESS THE SAME. ARTICLE VIIL MISCELLANEOUS PROVISIONS Section 32. PROJECTS OF NATIONAL SIGNIFICANCE. PROJECTS MAY BE DECLARED BY THE NEDA BOARD AS PROJECTS OF NATIONAL SIGNIFICANCE PURSUANT TO SECTION 3 OF EO 72. WHEN A PROJECT IS DECLARED BY THE NEDA BOARD AS A PROJECT OF NATIONAL SIGNIFICANCE THE LOCATIONAL CLEARANCE SHALL BE ISSUED BY HLRB PURSUANT TO EO 72. Section 33. ENVIRONMENTAL COMPLIANCE _ CERTIFICATE (ECC). NOTWITHSTANDING THE ISSUANCE OF LOCATIONAL CLEARANCE UNDER SECTION 37 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. wy 7Section 34. SUBDIVISION PROJECTS. ALL OWNERS AND/OR DEVELOPERS OF SUBDIVISION PROJECTS SHALL IN ADDITIQN TO SECURING A LOCATIONAL CLEARANCE UNDER SECTION 37 OF THIS ORDINANCE BE REQUIRED TO SECURE A DEVELOPMENT PERMIT PURSUANT TO PROVISIONS OF PD 957 AND ITS IMPLEMENTING RULES AND REGULATIONS OR BP 220 AND ITS IMPLEMENTING RULES AND REGULATIONS IN THE CASE OF SOCIALIZED HOUSING PROJECTS IN ACCORDANGE WITH THE PROCEDURES LAID DOWN IN EO 71, SERIES OF 1993. ARTICLE 1X MITIGATING DEVICES Section 35, 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 1. Variance a. The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owner/s cannot obtain a reasonable return on the property. This condition shall include at least 3 of the following provisions. * Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) 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. * ‘That the variance will not weaken the general purpose of the Ordinance and will not adversely affect the public health, safety or welfare. . The variance will be in harmony with the spirit of this Ordinance. pr a4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. INSTRUCTIONS: The granting of exception and variances is necessary to reduce| the possible harshness that may result from the enforcement of the Ordinance. THE| LOCAL GOVERNMENT UNIT CONCERNED SHALL CONSIDER THE CAPACITY OF, UTILITY AND TRANSPORT SYSTEMS. Section 36, Procedures for Granting Exceptions and Variances. The procedure for the granting of exception and/or variance is as follows: 1. ‘Awitten application for an exception or variance SHALL be filed WITH THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS [LZBAA] citing the section of this Ordinance under which the same is sought and stating the groundis thereof. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed project) shall be posted at the project site. The LOGAL ZONING BOARD OF ADJUSTMENT AND APPEALS shall conduct preliminary studies on the application. ‘A written affidavit of non-opjection of the project by the owners of the properties adjacent to the project shall be filed by the applicant with the LZBAA at least fifteen (15) days prior to the decision for exception/variance. In case of objection, THE LZBAA shall hold public hearing. ‘At the hearing, any party may appear in person, or be represented by agent/s. Alll interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. 4 as7. The LZBAA shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing in case of any objection to the granting of exception/variance. ARTICLE X ADMINISTRATION AND ENFORCEMENT Section 37. Locational Clearance. All owners/developers shall secure LOCATIONAL CLEARANCE from the Zoning Administrator/ZONING OFFICER OR IN CASES OF VARIANCES AND EXEMPTIONS, FROM THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS (LZBAA) prior to conducting any activity or construction on their property/land. Section 38. BUILDING PERMIT, NO BUILDING PERMIT SHALL BE ISSUED BY THE LOCAL BUILDING OFFICER WITHOUT A VALID LOCATIONAL CLEARANCE IN ACCORDANCE WITH THIS ORDINANCE. Section 39. 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 40. Certificate of Non-Conformance. A certificate of Non-Conformance shall be applied for by the owner of the structure or operator of the activity involved within six (6) months from the ralification of the zoning ordinance by the HLRB or SANGGUNIANG PANLALAWIGAN (SP). Failure on the part ‘of the owner to register/apply for a Certificate of Non-Conformance shall be considered in violation of the Zoning Ordinance and is subject to fine/penalties. UPON APPROVAL OF THIS ORDINANCE, THE ZONING ADMINISTRATORIZONING OFFICER SHALL IMMEDIATELY NOTIFY OWNERS OF KNOWN EXISTING NON- CONFORMING USE TO APPLY FOR A CERTIFICATE OF NON-CONFORMANCE. Section 41. 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 provision of this Ordinance, provided: 1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance or moved in whole or in part, to any other portion ‘of the lot or parcel or land where such non-conforming use exists at the time of the adoption of this Ordinance. That no such non-conforming use which has ceased operation for more than. one (1) year be again revived as non-conforming use. An idle/vacant structure may not be used for non-conforming activity. 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 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 not be reconstructed except in conformity with the provisions of this Ordinance. That no such non-conforming use maybe moved to displace any conforming use. 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 non-conformity, 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. IN ADDITION, THE OWNER OF A NON-CONFORMING USE SHALL PROGRAM THE PHASE-OUT AND RELOCATION OF THE NON-CONFORMING USE WITHIN TEN (10) YEARS FROM THE EFFECTIVITY OF THIS ORDINANCE. Section 42. Resvonsibility for Administration and Enforcement, This Ordinance shall be enforced and administered by THE LOCAL CHIEF EXECUTIVE THROUGH the Zoning AdministratorZONING OFFICER who shall be appointed BY THE FORMER IN ACCORDANCE WITH EXISTING RULES AND REGULATIONS ON THE SURETY a7INSTRUCTIONS: The local government shall provide ‘support staff fo the Zoning| Administrator/Zoning Officer in the administration and enforcement of the Zoning) Ordinance. Section 43, Powers and Functions of a Zoning Administrator/ZONING OFFICER Pursuant to the provisions of EO 72 implementing RA 7160 in relation to Sec. 5, Paragraph a and d, and Section 7 of Executive Order No. 648 dated 07 February 1981 The Zoning Administrator/ZONING OFFICER shall perform the following functions, duties and responsibilities. 1 Enforcement A Act on all applications for locational clearances for all projects. 4, Issuance of Locatfonal Clearance for projects conforming with zoning regulations. 2, RECOMMEND TO THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS (LZBAA) the grant or denial of applications for variances and exemptions and the issuance of Certificate of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption of the zoning ordinance, including clearances for repairs/renovations on non- conforming uses consistent with the. guidelines therefore. B. Monitor on-going/existing projects within their respective jurisdictions and issue notices of violation and show cause order to owners, developers, or managers of projects that aro violative of zoning ordinance and IF NECESSARY, PURSUANT TO SEC. 3 OF EO 72 AND SEC. 2 OF EO 71 refer subsequent actions thereon to the HLRB. C. Call and coordinate with the PHILIPPINE National Police for enforcement of all orders and PROCESSES issued in the implementation of this ordinance. D. Coordinate with the City Fiscal/Municipal Attorney for other legal actions/remedies relative to the foregoing. I. Planning A. Coordinate with the Regional Office of the HLRB regarding proposed amendments to the zoning ordinances prior to adoption by the ‘Sangguniang Bayar/Panglungsod. 7hSection 44. Action _on Complaints and Oppositions. A COMPLAINT FOR VIOLATIONS OF ANY PROVISION OF THE ZONING ORDINANCE OR OF ANY CLEARANCE OR PERMITS ISSUED PURSUANT THERETO SHALL BE FILED WITH THE LZBAA. HOWEVER, OPPOSITIONS TO APPLICATION FOR CLEARANCE, VARIANCE OR EXCEPTION SHALL BE TREATED AS A COMPLAINT AND DEALT WITH IN ACCORDANCE WITH THE PROVISION OF THIS SECTION. Section 45. FUNCTIONS AND RESPONSIBILITIES OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS. THERE IS HEREBY CREATED A LZBAA WHICH SHALL PERFORM THE FOLLOWING FUNCTIONS AND RESPONSIBILITIES: A. ACT ON APPLICATIONS OF THE FOLLOWING NATURE: Variances Exceptions Non-Conforming Uses COMPLAINTS AND OPPOSITION TO APPLICATIONS Sens B. _ ACT ON APPEALS ON GRANT OR DENIAL OF LOCATIONAL CLEARANCE BY THE ZONING ADMINISTRATOR/ZONING OFFICER. Decisions of the Local Zoning Board of Adjustment and Appeals shall be appealable to the HLRB. Section 46. COMPOSITION OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS (LZBAA), THE MUNICIPALICITY DEVELOPMENT COUNCIL SHALL CREATE A SUB-COMMITTEE WHICH SHALL ACT AS THE LZBAA COMPOSED OF THE FOLLOWING MEMBERS: City or Municipal Mayor as Chairman _ City or Municipal Legal Officer City or Municipal Assessor City or Municipal Engineer City or Municipal Planning and Development Coordinator {if other than the Zoning Administrator. PE eps 6. Two (2) representatives of the private sector, nominated by their respective organizations and confirmed by the city or municipal mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Bayan/Panglunsod shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives, 7. Two (2) representatives from non-government organizations, nominated by their respective organizations and confirmed by the city or municipal mayor. 49In the event of non-availability of any of the officials enumerated above, the Sangguniang Bayan/Panglunsod shall elect the number of its members as may be necessary to mect the total number above set forth, as representatives, FOR PURPOSES OF POLICY COORDINATION, SAID COMMITTEE SHALL BE ATTACHED TO THE MUNICIPAL OR CITY DEVELOPMENT COUNCIL. Section. 47. Interim Provision. Until such time that the LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS shall have been constituted, the HLRB shall act as the LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS. As an appellate Board, the HLRB shall adopt its own rules of procedure to goyern the conduct of appeals arising from the administration and enforcement of this Ordinance. INSTRUCTIONS: In order to ensure that due process is observed in the| ‘enforcement of the Zoning Ordinance, it is advisable that local governments provide for a LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS. However, due to limitation in planning expertise, some localities may find it difficult to organize their own Local Zoning Board of Adjustment and Appeals. In these cases, the local _government| may authorize the HLRB to act as its Zoning Board of Adjustment and Appeals. Section 48. Review of the Zoning Ordinance. The MunicipaliCity 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: Change in local development plans Introduction of projects of national significance Petition for rezoning Other reasons which are appropriate for consideration Section 49. Composition of the Local Zoning Review Committee (LZRC). The Local Zoning Review Committee shall be composed of sectoral experts. aoc These are the Local OfficialsiCivic Leaders responsible for the operation, development and progress of all sectoral undertakings in the locality, e.g-: Municipal/City Planning and Development Coordinator Municipal/City Health Officer Municipal/City Agriculturist President, Association of Barangay Captains MunicipalCity Engineer Community Environment and Natural Resources Officer (CENRO) Municipal Agrarian Reform Officer (MARO) District School Supervisor Three (3) Private Sector Representatives [Local Chamber of Commerce, Housing Industry and Homeowner's Association} i 50 Frame an gsj. Two (2) NGO Representatives FOR PURPOSES OF POLICY AND PROGRAM COORDINATION, THE LZRC SHALL BE ATTACHED TO THE CITY/MUNICIPAL DEVELOPMENT COUNCIL. Section 50 Functions of the LOCAL ZONING REVIEW COMMITTEE. The LOCAL ZONING REVIEW COMMITTEE shall have the following powers and functions: A Review the Zoning Ordinance for the following purposes: 1. Determine amendments or revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan 2. Determine changes, to be introduced in the Comprehensive Land Use Plan in the light of permits given, and exceptions and variances granted. 3. Identify provisions of the Ordinance difficult to enforce or are unworkable. B. Recommend to the Sangguniang Panglungsod/Bayan necessary legislative amendments and to the local planning and development staff the needed changes in the plan as a result of the review conducted. C. Provide information to the HLRB that would be useful in the exercise of its functions. Section 51. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as a result of the review by the Local Zoning Review Corhmittee shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be SUBJECT TO PUBLIC HEARING AND REVIEW EVALUATION OF THE LOCAL ZONING REVIEW COMMITTEE AND SHALL BE carried out through a resolution of three fourths vote of the Sangguniang Panglungsod/Bayan. Said amendments shall take effect only after approval and authentication by HIRB OR SANGGUNIANG PANLALAWIGAN. INSTRUCTIONS: PURSUANT TO EO 72, APPROVAL AND AUTHENTICATION} OF AMENDMENTS TO THE ZONING ORDINANCE SHALL BE BY THE| SANGGUNIANG PANLALAWIGAN FOR COMPONENT CITIES AND MUNICIPALITIES} AND BY THE HLRB FOR HIGHLY URBANIZED CITIES, J!NDEPENDENT| COMPONENT CITIES AND CITIES AND MUNICIPALITIES OF METRO MANILA. Section 52. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine NOT EXCEEDING P2,500 (FOR MUNICIPALITIES), and NOT EXCEEDING P5,000 (FOR CITIES) or an 7imprisonment for a period not exceeding six (6) months (FOR MUNICIPALITIES) AND NOT EXCEEDING ONE (1) YEAR (FOR CITIES) or both at the discretion of the Court. In case of violation by a corporation, partnership or association the penalty shall be imposed upon the erring officers thereof. Section 53. Suppletory Effect of Other Laws and Decrees. The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letter of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of the locality. INSTRUCTIONS: This will clarify national-local relationship, specifically providing] answer to the common problem that usually arises from decisions made by national) agencies which are in conflict with the Comprehensive Land Use and which could) {frustrate its implementation. Section 54. 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. Section 55. 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 56. Effectivity Clause, This Ordinance shall take effect upon approval by the Housing and Land Use Regulatory Board/SANGGUNIANG PANLALAWIGAN. INSTRUCTIONS: APPROVAL OF THE ZONING ORDINANCE OF HIGHLY} URBANIZED CITIES, INDEPENDENT COMPONENT CITIES AND CITIES AND} MUNICIPALITIES OF METRO MANILA IS VESTED ON THE HLRB WHILE THE ZONING} ORDINANCE OF COMPONENT CITIES AND MUNICIPALITIES IS VESTED ON THE SANGGUNIANG PANLALAWIGAN. 52ANNEX A BY THE PRESIDENT PROCLAMATION NO. 2146 PROCLAIMING CERTAIN AREAS AND TYPES OF PROJECTS AS ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1586. WHEREAS, it is the national policy to attain and maintain a rational and orderly balance between socio-economic growth and environmental conservation and protection; WHEREAS, there is an urgent need to bring about an intensive, integrated program of environmental protection through a requirement of environmental impact assessments and statements; WHEREAS, the environmental impact statement system established under Presidential Decree No, 1586 calls for the proper management of environmentally critical areas; WHEREAS, the pursuit of a comprehensive and integrated environmental protection program necessitates the establishment and institutionalization of a system whereby the exigencies of socio-economic undertakings can be reconciled with the requirements of environmental protection and conservation; WHEREAS, the national leadership mandates the establishment of such a system to regulate and minimize the environmental impacts of projects and undertakings which may ~ significantly affect the quality of the environment in Presidential Decree No."1586; and WHEREAS, in the effective implementation of such a system, there arises the need to identify and declare certain projects determined to be environmentally critical, NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law, hereby proclaim the following areas and types of projects as environmentally critical within the scope of the Environmental Impact Statement System; 1A. _ Environmentally Critical Projects L IL. Ul. Heavy Industries a b. c. d. Non-ferrous metal industries Iron and stecl mills Pertroleum and petro-chemical industries including oils and gas Smelting plants Resource Extractive Industries a. b. Major mining and quarrying projects Forestry projects 1. Logging 2. Major wood processing projects 3. Introduction of fauna ( exotic animals) in public/private forests 4. Forest occupancy 5. Extraction of mangrove products 6. Grazing Fishery Projects 1. Dikes for/and fishpond development projects Infrastructure Projects a. b. ° Major dams Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal) Major reclamation projects Major roads and bridges raEnvironmentally Critical Areas L. ‘All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries, ‘Areas set aside as aesthetic potential tourist spots; ‘Areas which constitute the habitat for any endangered or threatened spectes of indigenous Philippine Wildlife (flora and fauna); Areas of unique historic, archaelogical, or scientific interest, ‘Areas which are traditionally occupied by cultural communities or tribes; Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.); Areas with critical slopes; Aréas classified as prime agricultural lands, Recharged areas of aquifers; Water bodies characterized by one or any combination of the following conditions: a. tapped for domestic purposes b. within the controlled and/or protected areas declared by appropriate authorities c. which support wildlife and fishery activities Mangrove areas characterized by one or any combination of the following conditions: f° with primary pristine and dense young growth, b. adjoining mouth of major river systems; -*2 - near or adjacent to traditional productive fry or fishing grounds . which act as natural buffers against shore €rosion, strong winds and storm floods €. on which people are dependent for their livelihood a 12. Coral reef characterized by one or any combination of the following conditions: a. With 50% and above live coralline cover b. Spawning and nursery grounds for fish c. Which act as natural breakwater of coastlines This Proclamation shall take effect immediately. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. Done in the City of Manila, this 14th day of December, in the year of Our Lord, nineteen hundred and eighty-one. (SGD.) FERDINAND E. MARCOS President of the Philippines By the President: (SGD.) JUAN C. TUVERA Presidential Executive AssistantANNEX B R1 R1 districts permit only single family detached houses. These zones limit population density by allowing only twenty (20) dwelling units or less per hectare. Maximum allowable height of structures is 10 meters above natural grade line in the property or front sidewalk. (3 storeys and below)ANNEX C R2 R2 districts permit only buildings and structures for human occupancy with a density of twenty one (21) to sixty-five (65) dwelling units per —_—hectare. Maximum allowable height of structures is twenty one (21) meters above highest natural grade line in the property or front sidewalk. (4-7 Storeys)ANNEX D R3 R3 districts permit only buildings and structures for human occupancy with a density of sixty-six (66) or more dwelling units per hectare. Maximum allow- able height is eight or more storeys provided it con- forms with the zone's prescribed floor area ratio (FAR). The FAR of an R-3 shall be based on the absolute level of density that the area’s trans- portation and other utility networks can support.kK ANNEX E C1 C1 districts accommodate the retail and personal services shops needed in residential neighborhood. Continuous clustered retail development is clustered in the Central Business District (CBD). C2 C2 districts allow a wider range of local retail and service establishments than C1 and are intended to seve a wider neighborhood. -ANNEX F C3 C3 districts are zoned for regional shopping centers such as large malls and other large commercial activities which are regional in scope or whose market activities generate traffic and requires utilities and services that extend beyond local boundaries. ?*COLOR CODES FOR ZONING MAP (URBAN) ZONING CATEGORY p » s a . Residential Institutional ci SI . Industrial ._ Infrastructure . Open Space Others (Cemetery, Land fill site) COLOR CODE ‘ole atner UNEEE OF OGG DDANNEX F C3 C3 districts are zoned for regional shopping centers such as large malls and other large commercial activities which are regional in scope or whose market activities generate traffic and requires utilities and services that extend beyond local boundaries. *COLOR CODES FOR ZONING MAP (GENERAL) ZONING CATEGORY 1. Built-up 2. Agricultural 3. Forest 4, Special Use 4.1 Mining/Quarrying 4.2 Grassland/Pasture 43 Agro-Industrial 4.4 Tourism 4.5 Other Uses COLOR CODEHOUSING AND LAND USE REGULATORY BOARD Board of Commissioners DIONISIO C. DE LA SERNA Chairman PRESBITERO J. VELASCO, JR. Undersecretary, DOJ ALVIN G. DANS Undersecretary, DILG ISAGANI B. VALDELLON Deputy-Director General, NEDA JOEL L. ALTEA Asst. Secretary, DPWH ROMULO Q. FABUL Commissioner and CEO TERESITA A. DESIERTO Commissioner FRANCISCO L. DAGNALAN Commissioner ROQUE ARRIETA MAGNO Commissioner Project Staff RULES AND STANDARDS DEVELOPMENT GROUP (RSDG) DELIA D. JOSEF Group Head Technical Staff Cartographics Marissa R. Felizardo Emma C. Ulep Felipe D. Tolentino Annabelle F. Guanzon Carmencita J. Dumaliang Milagros S. Mendoza Angelita C. Agustin Julie A. Torres Jemima M. Ragudo Josefina R. de Lara Antonio R. Rodriguez Romulo B. Tayamen Ruth Hazel R. Armendi Teodorico R. Alonzo Alice A. Rey wv