Republic of the Philippines -
Province of La Union
Municipality of San Juan
SANGGUNIANG BAYAN
Excorpt from the record of proceedings of the regular session of the Sangguniang Bayan of San
Juan, La Union held atthe session hall on December 2.2013.
PRESENT
Vice Mayor Coferino O. Lim - Presiding Officer
SB Kagawad Miguel Corleone B. Magsaysay - Member
SB Kagawad Louie V. Fontanilla - -do-
‘SB Kagawad Amel A. Peralta - -do-
‘SB Kagawad Norma B. Lim - -do-
SB Kagawad Manuel Nicolas M. Bolong - -do-
‘SB Kagawad Reginald M. Nang, - -do-
‘SB Kagawad Romero O. Lim - -do-
‘SB Kagawad Aldreick G. Carillo - -do-
ABC President Arturo P. Valdriz. = Exofficio Member
MUNICIPAL ORDINANCE NO. 25-2013,
Introduced by SBM Aldreick G. Carillo
‘Sponsored by the Commitice on Land Use, Foreshore and Leasehold
Chaired ry SBM Manuel Nicolas M. Bolong
Beit enacted that:
ARTICLE I
‘TITLE OF THE ORDINANCE
Section, TITLE, This Ordinance shall be entitled as “The Comprehensive Zoning
Ordinance of the Municipality of San Juan, La Union’.
ARTICLE TL
AUTHORITY AND PURPOSE
Section2. AUTHORITY. This Ordinance is enacted pursuant to the provisions of the New
Local Government Code, RA 7160 Sectionss 458 a.2 7-9) and 447 a.2 (7-9) dated 10 October 1991,
“Authorizing the Municipality through the Sangguniang Bayan to adopt Zoning Ordinance
subject to the provisions of existing laws” and in conformity with E.O. No, 72.
Section 3, PURPOSES, This Ordinance is enacted for the following, purposes:
1. Guide, control and regulate future growth and development of San Juan, La Union,
in accordance with its Comprehensive Land Use Plan.
2 Protect the character and stability of residential, commercial, tourism, agro-
industrial, industrial, institutional, forestry, agricultural, open space and other
functional areas within the locality and promote the orderly and benificial
development of the same.
3. Promote and protect the health, safety, peace, comfort, convenience and general
‘welfare of the inhabitants in the locality.
4. Provide adequate light, ar, privacy and convenience of access to property
5. Regulate the location and use of buildings and lands in such manner as to obviate the
danger to public safety caused by undue interference with existing or prospective
traffic movements on such streets and thoroughfare.
6. Monitor and educate the people of the plans, programs and policies of the
government.
7. Maintain a wholesome and ecologically sound environment,
ARTICLE I
DEFINITION OF TERMS
Section4. __ 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
HLURB. The words, terms and phrases enumerated hereunder shall be ynderstood-to have the
‘meaning corresponding indicated as follows:10.
u.
2
B.
rs
16.
1.
18,
Accessory Use ~ A use incidental and subordinate to the principal use of the building,
and/or land.
Adaptation ~ The adjustment in natural or human systems in response to actal or
expected climatic stimuli or their effects, which oderates harm or exploits beneficial
opportunities.
Additions, Alterations, Repairs - Changes in an existing building, involving, interior or
exterior work and/or increase or decrease in its area.
= A room or suit of two or more rooms, designed and intended for, or
‘occupied by one family for living, sleeping, and cooking purposes.
Boanting House - A house with several sleeping rooms where boarders are provided
with lodging and meals for fixed sum paid by the week or month.
Botanical Garden - A tract of land used for the culture and study of plants, collected and
grown for scientific display purposes.
Building Area - The remaining space in a lot after deducting the required minimum
open spaces.
Building - A constructed edifice designed to stand mor or less permanently, covering a
space of land, usually covered by a roof, more or less enclosed by walls and supported by
columns, and serving as a dwelling, factory, shelter for animals etc,
Building, Accessory - A Building, subordinate to the main building, and located on the
‘same lot, the use of which is necessary or incidental to the use and enjoyment of the main
building. Examples: Servants’ quarters, garage, etc.
Building. Main - The principal structure wherein the prime use of the land on which its,
situated is conducted.
Bus Terminal - A station or designated place where public utility buses are repaired
and maintained
Capacity - A combination of all strengths and resources available within a community,
society or organization that can reduce the level or risk, or effects of a disaster. Capacity
‘may include infrastructure and physical means, institutions, societal coping, abilities, as,
well as human knowledge, skills, tools, systems, processes, appropriate technologies and
collective attributes such as social relationships, leadership and management. Capacity
may also be described as capability.
Climate Change - A change in climate that can be identified by changes in the mean
and/ or variability of its properties and that persists for an extended period typically
decades or longer, whether due to natural variability or as a result of human activity.
Community-Based Disaster Risk Reduction and Management or CBDRRM ~ A process
of disaster risk reduction and management in which at risk communities are actively
engaged in the identification analysis, treatment, monitoring and evaluation of disaster
risks in order to reduce their vulnerabilities and enhance their capacities and where the
people are at the heart of decision-making and implementation of disaster risk redusction.
‘and management activities.
5. Complex Emergency - A form of human-induced emergency in which the cause of
emergency as well a5 the assistance to the afflicted is complicated by intense level of
Political considerations.
Contingency Planning - A management process that analyzes specific potential events
or emerging situations that might threaten society or the environment and establishes
arrangements in advance to enable timely, effective and appropriate responses to such
events and situations.
Cottage Industry ~ Any establishment or firm which conforms to the standards set forth
by the Department of Trade and Industry (DT).
Disaster - A serious disruption of the functioning, of a community or a society involving,
widespread human, material, economic or environmental losses and impacts, wich
exceeds the ability of the affected community or society to cope using its own resources.
Disasters are often described as a result of the combination of the exposure to a hazard;
Ste & |the conditons of vulnerability tha are present; and insufficient capacity or measures to
reduce or cope with the potential negative consequences. Disaster impacts may include
loss of life, injury, disease and other negative effets on human, physical, mental and
social well being, together with damage to property, destruction of assets, 1055 of
services, social and economic disruption and environmental degradation.
19. Disaster Mitigation - The lessening or limitation of the adverse impats of hazards and
related disasters, Mitigation measures include but not limited to the engineering
tecniques and hazard-resistant construction but includes as well as improved
environmental policies and programs and public awareness,
20. Disaster Preparedness - The knowledge and capacities developed by goverments,
professional response and recovery organizations, communities and individuals to
effectively anticipate, respond to, and recover from ~ the impacts of likely, imminent or
curren thazard events or conditions. Preparedness action is carried out within the context
of disaster risk reduction and management and aims to uild the capacities needed to
efficiently manage all types of emergencies and achieve orderly transitions from response
to sustained recovery. Preparedness is based on a sound analysis of disaster risk and
‘good likages with early waming systems and includes such activities as contingency
Planning, stockpiling of equipment and supplies, the development of arrangements for
coordination, evacuatin and pulic information and associated training, and field exercises.
‘These must be supported by formal institutional, legal and budgetary capacities.
21. Disaster Prevention - The outright avoidance of adverse impacts of hazatrds and related
disasters. It expresses the concept and intention to completely avoid potential adverse
impacts through action taken in advance such as construction of dams or embankments
that eliminate flood risks, land-use regulations that do not permit any settlement in high-
risk zones and seismic engineering designs that ensure the survival and function of a
critical building in any likely earthquake.
22. Disaster Response - The provision of emergency services and public assistance during
or immediately after a disaster in order to save lives, reduce health impacts, ensure
public safety and meet the basic subsistence needs of the people affected. Disaster
response is predominantly focused on immediate and short-term needs and is sometimes
called “disaster reli”.
23, Disaster Risk ~The potential disaster losses in lives, health status livelihood, assets and.
services, which could occur to a particlar comunity or a society over some specified
future time period.
24. Disaster Risk Reduction - The concept and practice of reducing, disaster risks through
systematic efforts to analyze and manage the casual factors of disasters, including
through reduced exposures to hazards, lessened vulnerability of people and property,
wise management of land and the environment and improved preparedness for adverse
events
25. Disaster Risk Reduction and Management - The systematic process of using.
‘administrative directives organizatons and operational skills and capacities to implement
stralegies, policies and improved coping capacities in order to lessen the adverse impacts
of hazards and the possibility of disaster. Prospective disaster risk reduction and
‘management refers to risk reduction and management actities that address and seek to
avoid the development of new or increased disaster risks, especially if risk reductio
policies are not put in place.
26. Disaster Risk Reduction and Management Information System - A specialized
database which contains, among others, information 0 disasters and their human
material, economic and environmental impact, risk assessment and mapping and
vulnerable groups
27. Disaster Victims ~ Persons or group of persons who have been adversely affected by a
natural or human-indued hazard who have to leave their habitual places of residene due
to exiting or impending threats, damaged shelter units, with casualty amof immediatea1
37.
39,
4
2.
48,
family members or those wh remained in their habitaul places of origin when still
habitablebut whose main source of income or livelihood had been damaged and are
experiencing hopelessness and difficulty in coping or responding to thed onslaught of
the hazardous event on their own resources.
. Dormitory - A building where many persons are provided with board and lodging
facilities in common halls, for a compensation.
). Dwelling ~ Any building or any portion thereof intended or designed to be built, used,
rented, leased, let use hired out to be occupied, or which are occupied for living or
residential purposes.
|. Dwelling, One-Family Detached - A one-family house having one party wall and two
side yards.
Dwelling, One-Family, Semi-Detached ~ A one-family dwelling as above defined except
that itis provided with one side yard.
Dwelling, Two-Family, Detached - A house or structure divided into two separate and
independent living quarters by a wall extending. from the floor to the ceiling and
provided with two side yards. Each portion provides complete living facilites for one
household.
Dwelling, Two-Family, Semi-Detached - A two family dwelling as above defined
except that it is provided with one side yard.
. Dwelling, Multi-Family ~ A building used as a house of residence of three (3) or more
families living independently from one another, each occupying one or more rooms as a
single housekeeping unit.
Early Recovery - Multidimensional process of recovery that begins in a humanitarian
setting. It is guided by development principles that seck to build on humanitarian
programmes and catalyze sustainable development oppotunities. It aims to generate self-
sustaining, nationally-owned, resilient processes for postcrisis recovery, It encompasses
the restoration of basic Services, livelihoods, shelter governance, security and rule of law,
environment and social dimensions, including reintegration of displaced populations.
Early Waring System - The set of capacities needed to generate and disseminate timely
and meaningful warning information to enable individuals, communities and
organizations threatened by a hazard to prepare and to act appropriately and in
sufficient time to reduce the possibility of harm or loss. A people-centered early warning,
‘system necessarily comprises four (4) key elements: knowledge of the risks; monitoring,
analysis and forecasting of the hazards; communication or dissemination of alerts and
‘warnings; and local capabilities to respond to the warnings received. The expression
“end-to-end warning system” is also used to emphasize that warning systems need to
‘span ll steps from hazard detection to community response.
Easement - An encumbrance imposed on an immovable for the benefit of another
immovable belonging to a different owner.
. Emergency - Unforeseen or sudden occurrence, especially danger, demanding
immediate action.
‘Emergency Management - The organization and management of resources such as
volunteers, funds, donations, food and non food items, temporary /evacuation centers,
and responsibilities for addressing all aspects of emergencies in particular preparedness,
response and initial recovery steps.
Exposure - The degree to which the elements at risk are likely to experience hazard
events of different magnitudes.
Family - A group of individual related by blood, living under one roof and considered as
a part ofa single housekeeping, unit.
Filling Station - A retail station servicing automobiles and other motor vehicles with
gasoline and oil only.
Garage - A building or portion thereof in which motor vehicle/s is/are stored, repaired,&
9.
49.
52.
33.
ag
56,
97.
61
62,
aes
|. Garage, Commercial - A garage where automobiles and other motor vehicles are
housed, maintained, equipped, repaired or kept for remuneration, hire or sale.
Garage, Private - A building or a portion of a building in which only motor vehicles
used by the tenants of the building or buildings on the premises are stored or kept.
. Geographic Information System - A database which contains, among others, geo-
hazard assessments, information on climate change, and climate risk reduction and
management.
Guard House - An accessory building or structure used by a security guard while on
duty.
|. Home Occupation ~ An occupation or business conducted within the dwelling unit.
Hazard - A dangerous phenomenon, substance, human activity or condition that may
cause loss of life, injury orother health impacts property damage, loss of livelihood and
services, social and economic disruption, or environemntal damage.
|. Hospital ~ An institution providing health service, primarily for in-patient, and medical
‘or physical care ofthe sick or the injured, including as integral parts thereof such related
facilities as laboratories, out-patient department, training facilities, and staff offices.
Hotel - A building or a part thereof with rooms occupied or intended to be occupied for
hhire as temporary aboding place of individuals. It is usually provided with a general
Kitchen and public dining room service without provision for cooking in any individual
suite or room.
Intemally Displaced Persons (IDPs) or Persons Displaced by the Disaster - Are
persons or groups who have been forced or obliged to flee or to leave their homes or
places of habitual residence, in particlar as a result of or in order to avoid the effects of
natural or human-induced disasters, and who have not crossed an internationaly
recognized State border.
Lot - A parcel of land on which a principal building and its accessories are placed or may
be placed together with the required open spaces. A lot may or may not be the land
designated as lot on recorded plot.
Lot, Depth of - The average horizontal distance between the front and the rear lot lines.
Manufacturing Industry - An industry which involves the chemical or mechanical
transformation of inorganic products whether it is done in a factory or in the worker's
house.
‘Mitigation ~ Structural and non-structural measures undertaken to limit the adverse
‘impact of natural hazards, environmental degradation and technoloical hazards and to
censure the ability of at-risk communities to address vulnerabilities aimed at minimizing,
the impact of disasters. Such measures include, but are not limited to, hazard-resistant
construction and engineering works, the formulation and implementation of plans,
programs, projects and activities, awareness raising, knowldege management, policies on
land-use and resource management, as well as the enforcement of comprehensive land-
use planning, building and safety standards, and legislation.
Motel - Any structure with several separate units with sufficient parking space primarily
located along the highway or close to a highway where motorists may obtain lodging,
and in some instances, meals.
Museum ~ A non-profit, non-commercial establishment operated as a repository, or a
collection of natural, scientific, literary or cultural objects of interests such as works of art.
‘This does not include the regular sale or distribution of the objects collected.
Nursery/Day Care Center A place where children are temporarily cared for and trained
in the parent's absence.
). Park ~ A pleasure pround set apart for recreation of the public, to promote its health and
enjoyment. /
Parking Building - A building of several floors used for temporary parking, or motor
vehicles may be provided with services allowed for service stations.
Parking Lot - An off-street open area, the principal use of which is for the
‘motor vehicles by the public whether for compensation or not, or as an fodation
to clients or cystamgers.63
7.
70.
m1.
72
74,
‘occurs, in exchange for ongoing or compensat ‘or financial benefits
that other =
Post-Disaster Recovery - The restoration and improvement where appropriate, of
facilities, livelihood and living conditions of disaster-affected communities, including,
efforts to reduce disaster risf factors, in accordance with the princples of “build back
better”
Preparedness ~ Pre-lisaster actions and measures being undertaken within the context of
disaster risk reduction and management and are based on sound risk analysis as well as
pre-disaster activities to avert or minimize loss of life and property such as, but not
limited to, community organizing, training, planning, equipping, stockpiling, hazard
‘mapping, insuring of assets and public information and education intatives.
. Private Pet House ~ A building or structure for the keeping of domestic pets, for the
enjoyment and at the same time also for the protection of the members of the family
residing within the dwelling,
. Professional Office - The office of a person engaged in any occupation, vocation or
calling, not purely commercial, mechanical, or agricultural, in which a professed
Knowledge of skill in some department of science or learning is used by its practical
application to the affairs of others advising or guiding, them in serving, their interest oF
welfare through the practice of an act founded therein
Recreational Center ~ A place, compound or building or a portion thereof open to the
public for recreational and entertainment purposes.
. Rehabilitation - Measures that ensure the ability of affected communities/areas to
restore their normal level of functioning by rebuilding livelihood and damaged
infrastructures and increasing the communities organizational capacity.
Residential Condominium - A building, containing at least five or more apartment
‘owner having exclusive ownership and possession of his apartment.
Resilience - The ability of a system, community or society exposed to hazards to resist,
absorb, accommodate and recover from the effects of a hazard in a timely and efficient
manner, including through the preservation and restration ofits essential basic structures
and functions.
Response - Any concerted effort by two (2) or more agencies, public or private, to
provide assistance or intervention during or immediately after a disaster to meet the life
Preservation and basic subsistence needs of those people affected in the restoration of
essential public activities and facilities.
Risk - The combination of the probability of an event and its negative consequences.
Also, the probability of harmful consequences, or expected losses (deaths, injuries,
properties, livelihoods, economic activity disruption or environment damage) resulting
from interactions between natural, human-induced hazards and vulnerable conditions.
|. Risk Assessment - A methodology to determine the nature and extent of risk by
analyzing potential hazards and evaluating existing conditions of vulnerability that
together could potentially harm exposed people, property, services, livelihood and the
environment on which they depend. Risk assessments with associated risk mapping
include: a review of the technical characteristics of hazards such as their location,
intensity, frequency and probability; the analysis of exposure and vulnerability
including the physical, social, health, economic and environmental dimensions; and the
evaluation of the effetiveness of pevailing, and alernative coping, capacities in respect to
likely risk scenarios.
Risk Management - The systematic approach and practice of managing uncertainty to
minimize potential harm and loss. It comprises risk assessment and analysis, and the
implementation of strategies and specific actions to control, reduce and transfer risks. It
is widely praticed by organizations to minimize risk in investment decisions and to
address operational risks such as those of business disruption, productionfailure,
environmental damage, social impacts and damage from fire and natural hazards,
Risk Transfer - The process of formaly or informally shifting the financial consequences
of particular risks from one party to another whereby a household, comm
enterprise or state authority shall obtain resources from the other paty76. Servants, Quarters - A room within the dwelling, or in an accessory building, where
servants maids, or helpers of the family are housed.
77. Service Station ~ A building and its premises where gasoline, oi, grease, bateris, tires
and car accessories may be supplied and dispensed at retail and where, in addition, the
following services may be rendered among others:
Sale and servicing of spark plugs, batteries and distributor parts;
Tire servicing and repair, but no recapping or regreeding;
Radiator cleansing and flushing;
‘Washing and polishing, and sale of automotive washing, and polishing, materials,
‘greasing and lubrication;
e. Sales of soft drinks, packaged foods, tobacco and similar convenient goods for
service station customers as accessory and incidental to the principal operations;
{. Provisions of road maps and other informational material to customers;
provision of rest room facilities.
Uses permissible ata filling station do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles which are not in
operating conditions, or their works involving noise, glare, fumes, smoke or other
characteristics to any extent greater then normally found in service stations. A service station
is not a repair garage not a body shop.
78. Shopping Center - a group of not less than 15 contiguous retail stores, originally
planned and developed as a single unit, with immediate adjoining off-street parking,
facilities.
79. State of Calamity - a condition involving mass casualty and/or major damages 0
property, disruption of means of livelihoods, roads and normal way of life of people in
the affected areas as a result of the occurrence of natural or human-induced hazard.
‘80. Sustainable Development - development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It contains
within it two (2) key concepts: (1) the concept of “needs”, in particular, the essentail
needs of the world’s poor, to which overriding priority should be given; and (2) the idea
of limitations imposed by the state of technology and social organizations in the
environment’s ability to meet present and future needs, It is the harmonious integration
of a sound and viable economy, responsible governance, social cohesion and harmony,
and ecological integrity to ensure that human development now and through future
{generations isa life-enhancing process.
81. Store - A building or structure devoted exclusively to the retail sale of a commodity or
commodities.
82. Theater A structure used for dramatic, operatic, motion picture and other performances
for admission to which entrance fee or money is received but no audience participation
and meal service are allowed.
83. Tourist Inn or Pension House ~ Any building or structure regularly catering to tourist
and travelers, containing several independent rooms, providing, common facilities such
as toilets, bathrooms, living and dining, rooms and kitchen, and where a combination of
board and lodging may be provided.
84. Volunteer - Individual /person or group who for reasons arising from their socio-
developmental, business and corporate orientation, commitment or conviction,
contribute time, service and resources whether full time or part time base to a just and.
‘essential social development cause, mission or endeavor in the belie that their activity is
‘mutually meaningful and beneficial to public interest as well as to themselves,
85. Vulnerability ~ The characteristics and circumstances of a community, system or asset
that make it susceptible to the damaging effects of a hazard. Vulnerability may arise from
various physical, social, economic and environmental factors such as poor design and
construction of buildings, inadequate protection of assets, lack of public informatioryand
awareness limited official recognition of risks and preparedness measures and disregard
for wise environmental management. \
pose86. Vulnerable and Marginalized Groups - Includes individuals or groups of people that
face higher exposure to disaster risk and poverty including but not limited to women
especially pregnant women, youth, children especially orphans and unaccompanied
chulden, elderly, differently-abied people, indigenous people, the disadvantaged families
and individuals living in high risk areas and danger zones and those living in the road,
right-of-ways and highly congested areas vulnerable to industrial, environmental, health
hazards and road accidents. Included into the exposures of poverty are the marginalized
farmers and fisher folks.
87, Warehouse - Any building, the primary purpose of which is the storage of goods, wares,
merchandise, utilities and /or another personal belongings.
88. Yard - An open space at grade between a building and the adjoining lot lines,
unoccupied and unobstructed by any portion of a structure from the ground upward.
89, Zone - District into which the community is divided where specific regulations are
applicable.
9, Agricultural Zone (AGZ) - An area within a city or municipality intended for
cultivation/fishing and pastoral activities e.g, fish, farming, cultivation of crops,
‘goat//cattle raising, ec.
91, Agro-Industrial Zone (AIZ) - An area within a city or municipality intended primarily
for integrated farm operations and related product processing activities such as
plantation for bananas, pineapple, sugar etc.
92, HLURB - Shall mean the Housing and Land Use Regulatory Board.
98. Buffer Area ~ These are yards, parks or open spaces intended to separate incompatible
elements or uses to control pollution/nuisance and for identifying and defining
development areas or zones where no permanent structures are allowed.
. Builtup Area - A contiguous grouping of ten (10) or more structures.
Central Business District - Shall refer to areas designated principally for trade, services
and business purposes (Commercial 1 Zone).
96. 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.
97, Compatible Use - Uses or land activites capable of existing together harmoniously e.g,
residential use and parks and playground.
98. 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.
‘fa component city is located within the boundaries of two or more provinces such
. Manufacture of other structural products n.e.c
}. Manufacture of metal cans, boxes and containers
Manufacture of stamped coated and engraved metal products,
>. Manufacture of fabricated wire and cable Product
33. Manufacture of heating, cooking, and lighting equipment except electrical
34. Sheet metal work generally manual operation
35. Manufacture of other fabricated metal products except machinery and equipment
noc.
36, Manufacture or assembly of agricultural machinery and equipment
137. Native plow and harrow factory
38. Repair of agricultural machinery
39. Manufacture or assembly of service industry machines
440. Manufacture or assembly of elevators and escalators
441. Manufacture or assembly of sewing machines
42. Manufacture or assembly of cooking, ranges
43, Manufacture and assembly of water pumps
444, Refrigeration industry
45. Manufacture or assembly of other machinery and equipment except electrical nec.
46, Manufacture and repair of electrical apparatus
47. Manufacture and repair of electrical cables and wires
48. Manufacture of electrical cables wires
49, Manufacture of other electrical industrial machinery and apparatus ne.
50. Manufacture or assembly of electric equipment radio and television, type recorders,
stereo
51. Manufacture or assembly of radio and television transmitting, signaling and detection
equipment
52, Manufacture or assembly of telephone and telegraphic equipment
'53. Manufacture of other electronic equipments and apparatus n.e
54. Manufacture of industrial and commercial electrical appliances
55. Manufacture of household cooking, heating and laundry apphankes
56, Manufacture of other electrical appliances nes.
57. Manufacture of electric lamp fixtures
Gs
BESBRSRRRBREBb, Pollutive/Hazardous Industries
1. Cassava Flour
2. Manufacturing of coffee
3. Manufacturing of unprepared animal feeds, other grain milling n.e.c.
4. Production prepared feeds for animals
5. Curing and redrying tobacco leaves
6. Miscellaneous processing tobacco leaves ne.c.
7. Weaving hemp textile
8. Hosiery mill,
9. Underwear and outwear knitting, mills
10. Manufacture of mats and mattings
111. Manufacture of carpet and rues
12, Manufacture of cordage, rope and twine
13. Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper,
ete
114. Manufacture of linoleum and other surfaced coverings
15, Manufacture of artificial leather oil cloth and other fabrics except rubberized
16, Manufacture of coir
117. Manufacture of miscellaneous textile, ne.
18. Manufacture of rough lumber, unworked
19, Manufacture of worked lumber
20. Resawrills
21. Manufacture of veener, plywood and hardwood
22. Manufacture of doors, windows and sashes
23, Treating and preserving of wood
24. Manufacture of charcoal
25, Manufacture of wood cane blinds, screens and shades
26. Manufacture of containers boxes of paper and papers boards
27, Manufacture of miscellaneous pulp and paper products, ne.
28, Manufacture of perfumes cosmetics and other toilet preparations
29, Manufacture of waxes and polishing preparations
30. Manufacture of candles
31. Manufacture of inks
32, Manufacture of miscellaneous chemical products n.e.c
23. Tire retreating and rebuilding,
34, Manufacture of rubber shoes and slippers
35, Manufacture of industrial and moulded rubber products
36, Manufacture of plastic footwear
37, Manufacture of plastic furniture
38, Manufacture of other fabricated plastic products n.e..
39, Manufacture of table and kitchen articles
40. Manufacture of pottery, china and earthen ware nec.
411. Manufacture of flat glass
42.Manufacture of glass containers
49, Manufacture of miscellaneous glass products n.e.c.
444, Manufacture clay bricks, lay tiles and hollow clay tiles
45. Manufacture of miscellaneous structural clay products nec
46. Manufacture of structural concrete products,
47. Manufacture of asbestos products
48, Manufacture of engines and turbines except motor vehicles, marine and aircraft
49, Manufacture of metal cutting, shaving and finishing machinery50. Manufacture of wood, working machinery
51. Manufacture, assembly, rebuilding, repairing of food and beverage making
machine
52: Manufacture, assembly, rebuilding repairing of textile machinery equipment
53. Manufacture, assembly, rebuilding, repairing of paper industry machinery
54. Manufacture, assembly, rebuilding, repairing of printing, trade machinery and
equipment
55. Manufacture of rice mills
‘56, Manufacture of machines for leather and leather products
57, Manufacture of construction machinery
58. Manufacture of machines of clay, stove and glass industries
59. Manufacture, assembly, repair, rebuilding of miscellaneous special industrial
‘machinery and equipment n.e-c
60. Manufacture of dry cells, storage battery and other batteries
61. Boat building and repairing
62. Ship repairing, industry, dock yards, dry dock, shipways
63, Miscellaneous shipbuilding and repairing n..c.
64. Manufacture of locomotives pts
65, Manufacture of railroad and street cars
66, Manufacture or assembly of automobiles, cars buses, trucks and trailers
67. Manufacture of wood furniture including upholstered
668. Manufacture of rattan furniture including upholstered
69, Manufacture of box beds and mattresses
Section 14. Use Regulations in General Institutional (GIZ) Zone. In Gi Zone, the following,
tases shall be allowed:
1. Government center to house national, regional or local offices in the area
2. Colleges, universities, professional business school, vocational and trade school,
technical schools and other institutions of higher learning
3. General hospitals, medical centers, multi-purpose clinics
4. Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
8. Convention centers and related facilities
6. Religious structure eg. church, seminary, convents
7. Museums
8. Embassies / consulate
9, Student housing e.g, dormitories, boarding house
Section 15. Use Regulations in Special Institutional (SIZ) Zone. In SI Zone, the following
uses shall be allowed:
1. Welfare homes, orphanages, boys and girls town, home for the aged and the like
2, Rehabilitations and vocational training center for ex-convicts, drug addicts, unwed
mothers, physically, mentally and emotionally handicapped, ex-sanitaria inmates and
similar establishments
3. Military camps /resorvations /bases and training grounds
4. Penitentiary and correctional institution
Section 16. Use Regulations in Parks and Recreation zone (PRZ). The following uses shall
be allowed in Parks and Recreation Zones:
1, Parks/gardens
2. Resort areas (e.g. beaches, including accessory uses)
3. Open air or outdoor sports activities and support facilities, including low rise stadium,
gyms amphitheaters and swimming pools
4 Golf courses, ball courts, race tracts and similar uses
5, Memorial/Shrines monuments, kiosks and other parks structures
6. Sports Club /7. Underground parking structures facilites
Section 17. Use Regulations for Agricultural (Agr. ) Zone (AGZ). In Agr. Zones the
following uses shall be permitted:
1. Cultivation, raising and growing of staple crops such as rice, com, cassava and the like
2. Growing of diversified plants and trees, such as fruit and flower bearing, coffe,
tobacco, etc
3. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm,
‘monkey raising and the like
4. Customary support facilities such as palay dryers and rice threshers and storage barns
and warehouses
5. Ancillary dwelling units/farmhouse for tillers and laborers
6. Agricultural research and experimentation facilities such a breeding stations,
fishfarms, nurseries, demonstration farm etc.
7. Pastural activities such as goat raising and cattle fattening,
8, 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 like, provided that:
a. Number of persons engaged in such business/industry shall not exceed five
), inclusive ofthe owner,
’. There shall be no change in the outside appearance ofthe building premises,
. No home occupation shall be conducted in any customary accessory uses cited
above;
4. 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
strect in a place other than the required front yard;
e. No equipment or process shall be used in such occupation which creates noise,
vibration, glare, fumes, odors and electrical interference detectable to the normal
senses and visual or audible interference in any radio or television receiver or
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 ofthe dwelling unit and shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTD;
«. Such shall consider same provisions as enumerated in leters, c,d, and e of
Home Occupation, this section
10. Backyard raising of livestock and fowl, provided that:
a. For livestock - a maximum of 4 heads
b. For fowl ~a maximum of 500 birds
Section 18. Special Use Zone
Cemetery, Memorial Parks, Crematorium,Columbarium
Section 19. Use Regulations in Agro-Industrial Zone (AIZ), In Agr. I Zone the following
"uses shall be permitted:
1. All uses allowed in agriculture
2. Rice/corn mills (single pass)
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, ne.c.9. Production of prepared feeds for animals
10. Cigar and Cigarette factory
11. Caring and redrying tobacco leaves
12, Miscellaneous processing tobacco leaves, ne.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, bottling of
natural animal milk and cream related products)
19, Other dairy products, nec.
20. Canning and preserving of fruits and fruit juices
21. Canning. and preserving of vegetable and vegetables juices
22, Canning and preserving of vegetable sauces
23, Miscellaneous canning and preserving of fruit and vegetable ne.
24, Fish canning,
25, Patis factory
26. Bagong factory
27. Processing, preserving, and canning of fish and other seafoods nec.
28, Manufacture of desiccated 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)
233. Sugar refining
34, Muscovado sugar mill
35, Cotton textile mill
36, Manufacture processing of other plantation crops e.g. pineapple, bananas, et.
37, Other commercial handicrafts and industrial activities utilizing plant or animal parts
and/or products as raw materials, nec.
38, Other accessory uses incidental to agro-industral activities
Section 20, Use Regulations in Forest Zones (FZ). No development use, or activity shall be
allowed in Forest Zones unless consistent with 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 (TTP/IFP)
3. Integrated Social Forestry Programs (IFS)
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 amend
Ce3, Infrastructure and Resettlement - Infrastructure development and resettlement
undertaken within forest zone shall be consistent with the provisions of the revised
Forestry Code of the Philippines, as amended, and subject to as environmental impact
assessment, prior to the approval of such projects in order to determine their
‘environmental impacts and social acceptability.
Section 21. Wa
1. The utilization of the water resources for domestic and industrial use shall be allowed
provided itis in consonance with the development regulations of DENR, provisions of
the Water Code, the revised Forestry Code of the Philippines, as amended, and provided
further, that itis subjected to an environmental impact assessment prior to the approval
of ts use.
2. Other uses such as recreation, fishing, and related activities, floatage/ transportation
land mining shall also be allowed provided it isin consonance with the provisions of the
‘water code, and the revised Fishery Code of the Philippines, as amended.
Such bodies of water shall include rivers, streams, lakes and sees.
Section 22. Regulation 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.
ARTICLE VI
GENERAL DISTRICT REGULATION
Section 23. Development Density. Permitted density shall be based on the zones capacity to
support development:
‘A. Residential Zones
1. Low Density Residential Zone (R-1) ~ In R-1 Zone, allowed density is twenty (20) d
welling units and below per hectare;
2. Medium Density Residential Zone (R-2) - In R-2 Zone, allowed density is twenty one
to sixty five (21-65) dwelling units per hectares;
3. High Density Residential Zone (R-3) ~ In R-3 Zone, allowed density is sixty six (66) or
more dwelling units per hectare.
B. All OtherZone
‘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
‘LLow Density Residential Zone (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 dwelling,
are up to three (3) 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) above
highest natural grade line in the property or front sidewalk (main entry) level; mid-rise
dwellings are four (4) to seven (7) storeys,
3, High Density Residential Zones (R-3) - In R-3 Zone, high rise dwelling units of eight
(8) or more storeys are allowed provided it conforms with the zone's prescribed Floor
Area Ratio (FAR), The FAR of an R-3 Zone shall be based on the planned density of
development intended for the zone.
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 T ‘on how
floor are ratio is used in a zoning, plan.) -
eaSection 25. Exemptions from Height Regulations in R-1_and R-2. Exempted from the
imposition of height regulations in residential zones are the following: church steeples, water
tanks and other utilities and such other structure not covered by the height regulations of the
National Building Code or the Air Transportation Office.
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 Requirement
for Economic and Socialized Housing Projects” and its revised implementing rules and.
regulations.
«.P.D,/ 1096 ~ National Building Code
d. Fire Code
e. Sanitation Code
£ Plumbing Code
Structural Code
hh Executive Order No. 648
i. Other relevant guidetines promulgated by the national agencies concerned.
Section 27. Road Setback Regulations. The following, road selback regulations shall be
applied:
ROAD SETBACK
Major Secondary Tertiary
Zoning Classification | Thoroughfare Road Road
30m. & above ‘om. & below
| Diversion/Railways | Provincial “Mun./Brgy.
Residential Tom. Tm om
Commercial 20m. 20m. 7m.
Industrial 30m. 25m 10m
| Agriculture 20m 20m [7m
| Agro Industrial 30m. Bm. 10m.
Institutional 20 m. 20m 10m.
Parks & Recreation | 10m. tom 3m.
Forest 30m. 2m. 10m
Tourist 20m |
Source: DPW
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 area, along their margins, are subject to easement of public use in the interest of recreation,
navigation, floatage, fishing and salvage zone (20) meters during high tide.
'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 structure of any kind,
Section29. 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 ofthe yard or open space. WKSection30, Specific Provisions _in_the National Building Code. Specific provisions
stipulated in the National Building Code. (P.D. 109) as amended thereto relevant to traffic
regulations, 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 VIL
INNOVATIVE TECHNIQUES
Section31. 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 7278, BLISS Conumercial Complenes, et,
the Zoning Administrator/Zoning Officer shall on grounds of innovative development
techniques forward applications to HLURB for appropriate action, unless the Local Government
Units concerned has the capacity to process the same.
‘ARTICLE VIL
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
HLURB pursuant to EO 72.
Section 33. _ Environmental_Compliance Certificate (ECC). Not withstanding the issue 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 requirement of ECC have been complied with.
Section 34. Subdivision Projects. All owners and/or developers of subdivision projects
shall in addition to securing, a Locational Clearance under Section 37 of this ordinance be
required to secure a development permit pursuant to provision of PD 957 and its implementing
rules and regulations in the case of socialized housing projects in accordance with the procedures
laid down in EO 71, series of 1996,
ARTICLE IX
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 owners/s cannot obtain a reasonable return on the property.
This condition shall include at least 3 of the following provisions.
+4 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 i 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.
4 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 this Ordinance.
2. Expectations
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 projects 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.
. The exception will not adversely affect the appropriate use of adjoining property in the
same district.
4. The exception will not alter the essential character and general purposes of the district
‘where the exception sought is located.
Section 36. Procedures for Granting Exceptions and Variances. The procedure for the
ranting of exception and/or variance is as follows:
1. A written 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 ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and nature of the
proposed project) shall be posted at the project site.
3. The Local Zoning Board of Adjustment and Appeals shall conduct preliminary studies
‘on the application.
4. A written affidavit of non-objection 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.
5. Incase of objection, The LZBAA shall hold public hearing.
6. At the hearing, any party may appear in person, or be represented by agent/s. All
interested parties shall be accorded the opportunity to be heard and present evidences
and testimonies.
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 writen affidavit of non-
objection and the public hearing in case of any objection to the granting of
‘exception/ variance.
ARTICLEX
ADMINISTRATION AND ENFORCEMENT
Section37. 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 ratification of this zoning ordinance by the HLURB 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 Administrator/Zoning 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 enlarge 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 ion of the lot or parcel
Qe ‘such non-conforming use eg at the time of the adoptic2. That no such non-conforming use which has ceased operation for more than one (1)
‘year be again revived as non-conforming use.
3. An idle/ vacant structure may not be used for non-conforming activity.
4. That any non-conforming structure, or structures under one ownership which has been
damaged maybe reconstructed and used as before provided that such reconstruction is
‘ot more than fifty percent (50%) ofthe replacement cos.
‘That 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 ofthis Ordinance
5. That no such non-conforming, use maybe moved to displace any conforming use.
66. That no such 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.
7. That 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, Responsibility for Administration and Enforcement. This Ordinance shall be
enforced and administered by the Local Chief Executive through the Zoning
Administrator/Zoning Officer who shall be appointed by the former in accordance with existing,
rules and regulations on the subject.
Section 43. Power and Functions of a Z 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 application for locational clearances forall projects.
1. Issuance of Locational Clearance for projects conforming with zoning,
regulations.
2 Recommend to the Local Zoning of Adjustment and Appeals (LZBAA) the
{grant or denial of applications for variances and exemption 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
thereof,
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 violate this zoning ordinance and if necessary, pursuant to Sec. 3 of EO 72 and Sec. 2
‘of EO 71 refer subsequent actions thereon to the HLURB.
€. 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 city Fiscal/Municipal Attorney for other legal actions/remedies
relative to the foregoing ordinance.
IL Planning
‘A. Coordinate with Regional Office of the HLURB regarding proposed amendments to
the zoning ordinance prior to adoption by the Sangguniang Bayan,
Section 44. Action_on Complaints and Oppositions. A complaint for violations of any
provisions of this Zoning Ordinance or of any clearance or permits issued pursuant thereto shall
bbe filed with the LZBAA.
However, oppositions to application for clearance, variance or exceptiog shall be treated
as a complaint and dealt with in accordance with the provision of this section. iSection 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. Acton applications ofthe following nature:
1. Variances
2 Exceptions
3. Non-Conforming Uses
4. Complaints and opposition to applications
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 HLURB.
Section 46.
‘The municipality development counci| shall create a sub-comimitee which shall act as the
LZBAA composed of the following member:
1. Municipal Mayor as Chairman
2. Municipal Assessor
3. Municipal Engineer
4. Municipal Agriculturist
5. Municipal Planning and Development Coordinator (if other than the Zoning
Administrator)
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 shall elect
the number of its members as may be necessary to meet the total number above set forth,
as representative.
7. Two (2) representatives from non-government organizations, nominated by their
respective organizations and confirmed by the municipal mayor.
In the event of non-availability of any of the officials enumerated above, the
Sangguniang Bayan shall elect the number of its members as may be necessary to meet
the total number above set forth, as representatives.
For purposes of policy coordination, said committee shall be attached to the
Municipal Development Council.
Section 47, Interim Provision. Until such time that the Local Zoning Board of Adjustment
and appeals shall have been constituted, the HLURB shall act as the Local Zoning Board of
‘Adjustment and Appeals. As an Appellate Board, The HLURB shall adopt its own rules of
procedure to govern the conduct of appeals arising from the administration and enforcement of
this Ordinance.
Section 48, Review of the Zoning Ordinance. The Municipal 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:
a. Change in local development plans
‘i. Introduction of projects of national significance
Petition for rezoning,
d, 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.
‘These are the Local Officials/Civic Leaders responsible for the operation, development
and progress of all sectoral undertakings in the locality, ¢.p
‘2. Municipal Planning and Development Coordinator
'b, Municipal Health Officer \y¢. Municipal Agriculturist
, Municipal Assessor
e. President, Association of Barangay Captains
£. Municipal Engineer
g Community Environment and Natural Resources Officer (CENRO)
h. Municipal Agrarian Reform Officer (MARO)
i. District School Supervisor
i. Three (3) Private Sector Representatives (Local Chamber of Commerce, Housing
Industry and Homeowner's Association)
Two (2) NGO Representatives
For purposes of policy and program coordination, the LZRC shall be attached to
the Municipal Development Council
Section 50, Function 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 dificult to enforce or are unworkable.
B. Recommended to the Sangguniang Bayan necessary legislative amendments and to the local
planning and development office the needed changes in plan as a result ofthe review conducted.
. Provide information to the HLURB that would be useful in the exercise of its function.
Section51. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as a
result of the Local Zoning, Review Committe 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 Bayan. Said amendments shall take effect
only after approval and authentication by HLURB or Sangguniang Panlalawigan.
Section52. Violation and Penalty. Any person who violates any of the provisions of this
‘Ordinance, shall upon conviction, be punished by a fine not exceeding Php 2,500.00, or an.
imprisonment for a period not exceeding six (6) months 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. he
Section53. _ Suppletory Effect of Other Laws and Dee?e8. "The provision 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 decision of the national agencies concerned shall be consistent with the Comprehensive Land
Use Plan.
Section 54, Separability Clause. Should any section or provision of this Ordinance be
declared by the Court to be unconstitutional or invalid, such decision shall not affect the validity
of the Ordinance as a whole or any thereof other than the part so declared to be unconstitutional
‘or invalid.
Section 55. Repealing Clause. All ordinances, rules or regulations in conflict with provision
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 duly approved of the
‘Municipal Mayor and fifteen (15) days following the complete publication thereof in any local
‘newspaper of general circulation.
a < xThis 2nd day of December, 2013.
Certified Correct as to Form and Content:
LBERTO R. K{ILO,
Sanggunian Sea
‘Municipal Mayor
Date Signed:_?
Validating
Seal