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I NTRODUCTION
Zoning is the division of a community into zones or districts
(e.g., commercial, residential, industrial, and 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.
B ENEFITS
The benefits attributed to Zoning are:
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The Draft Zoning Ordinance of the City of San Fernando
L EGAL B ASIS
The power to zone is derived from the police power of
the state, which is vested in the legislative body the
power to make, ordain and establish reasonable laws,
statutes or ordinance, which promote the general
welfare. It is specified and defined in a number of laws
and directives, namely:
1. 1987 Constitution which provides that:
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The Draft Zoning Ordinance of the City of San Fernando
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The Draft Zoning Ordinance of the City of San Fernando
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The Draft Zoning Ordinance of the City of San Fernando
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The Draft Zoning Ordinance of the City of San Fernando
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The Draft Zoning Ordinance of the City of San Fernando
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The Draft Zoning Ordinance of the City of San Fernando
7. Executive Order 72
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Republic of the Philippines
City of San Fernando
SANGGUNIANG PANLUNGSOD
WHEREAS, the Local Government Code further provides that the powers
and responsibilities for the proper enforcement of the zoning
rules and regulations have been devolved upon the local
government;
Article I
TITLE OF THE ORDINANCE
Section 1. Title. This Ordinance shall be known and cited as The Integrated
Zoning Ordinance of the City of San Fernando and shall be referred to as the
Ordinance.
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Article II
AUTHORITY AND PURPOSE
1. Guide, control and regulate the future growth and development of the City
of San Fernando in accordance with its Comprehensive Development Plan;
2. Define and delineate the land use for residential, commercial, industrial,
institutional, agricultural, open space and other functional areas within the
locality and promote the orderly and beneficial development of the same;
4. Provide adequate natural light and air ventilation, maximum privacy and
convenience of access to property;
6. Regulate the location and use of buildings and lands in such a manner as
to avert the danger to public safety caused by undue interference with
existing or prospective traffic movements on such streets and
thoroughfares;
7. Provide safety from fire, pollution and other environmental hazards to life
and property; and,
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8. Harmonize pertinent provisions of this Zoning Ordinance with existing
and/or relevant core edicts, executive orders, circulars, mandates and
development plans.
Article III
DEFINITION OF TERMS
Article IV
ZONE CLASSIFICATIONS
Section 6. Division into Zones. To effectively carry out the provisions of this
Ordinance, the City is hereby divided into the following major land use zones.
1. Residential Zone
2. Agricultural Zone
3. Commercial Zone
4. Industrial Zone
5. Institutional Zone
6. Agri-Industrial Zone
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7. Protected Zone
8. Overlay Zone
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Figure 1. Proposed Zoning Map of CSFP 2016-2026
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Section 9. Interpretation of Zone Boundaries. In the interpretation of the
boundaries for any of the zones indicated on the Zoning Map, the following
rules shall apply:
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given, such dimension shall be determined by the use of the scale shown
in said zoning map;
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 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 50 percent of the total area of the entire lot. If the
remaining portion has an area equivalent to 50 percent 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.
8. Where a zone boundary line is indicated in the Official Zoning Map, one
block deep or a fraction thereof, such boundary line shall be scaled or
determined by the Zoning Administrator/Official.
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Article V
ZONE REGULATIONS
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.
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residential purposes by its occupants and for the conduct of the
home occupation, not more than 35 percent of the floor area of
the dwelling unit shall be used;
1.e.3. As much as possible there shall be no change in the outside
appearance of the building or premises;
1.e.4. No home occupation shall be conducted in any customary
accessory uses;
1.e.5. No traffic shall be generated by such home occupation in
greater volume that would normally be expected in a residential
neighborhood and any need for parking generated by the
occupant shall be met off the street and in a place other than in
a required front yard; and,
1.e.6. 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 of the lot and
visual or audible interference in any radio or television receivers
or causes fluctuation in line voltage of the premises.
1.f. Recreational facilities for the exclusive use of the members of the
family residing within the premises, such as:
1.f.1 Swimming pool
1.f.2. Mini golf course
1.f.3. Pelota court
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2. Medium Density Residential (R-2) - shall be for housing/dwelling purposes
of medium density. The following are the allowable uses:
2.a. All uses allowed in low density residential
2.b. Multi-family dwelling with not more than five families residing
2.c. Apartments of not more than five doors
2.d. Boarding houses accommodating not more than five boarders
2.e. Nurseries and day care centers
2.f. Branch libraries and museums
2.g. Chapels, churches and other places of worship
2.h. Home occupation as specified in low density residential except that
not more than five outside or hired helpers, assistants or employees
may be employed
2.i. Parks and playgrounds for the community
2.j Shuttle bus terminal without incidental repair and maintenance facilities
2.k Tricycle/Tri-sikad terminals
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3.r.1. They are undertaken only for family consumption
3.r.2. No undue noise is created by these pets and fowls
3.r.3. No foul smell is emitted
3.r.4. Other sanitary requirements enforced in the City are complied with
3.s. Parks and playgrounds
3.t. Parking buildings
3.u. Filling and service stations
3.v. Four-storey residential condominium fronting a five meter to six
meter road width
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The number of persons engaged in such business/industry shall not
exceed five (5), inclusive of owner;
There shall be no change in the outside appearance of the building
premises;
That in no case shall more than 20% of the building be used for said
home occupation;
No home occupation shall be conducted in any customary accessory
uses cited above;
No traffic shall be generated by such home occupation in greater
volume than would normally be expected in a residential neighborhood
and any need for parking generated by the conduct of such home
occupation shall be met off the street and in a place other than the
required front yard; and
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.
5.p. Home Industry classified as cottage industry, provided that:
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;
It shall be classified as non-pollutive/non-hazardous as provided in this
integrated ZO;
Allotted capitalization shall not exceed the capitalization as set by the
DTI; and
Such shall consider the provisions pertaining to customary accessory
uses, traffic and equipment/process under Home Occupation of this
section.
5.q. Recreational facilities for the exclusive use of the members of the family
residing within the premises, such as:
Swimming pool
Tennis courts
Basketball courts
5.r. Parks and Open Spaces
5.s. Nursery/Elementary school
5.t. High school
5.u. Vocational school
5.v. Tutorial services
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5.w. Sports club
5.x. Religious Use
5.y. Multi-purpose/Barangay hall
5.z. Clinic, nursing and convalescing home, health center
5.aa. Plant nursery
5. ab. Parking buildings (aboveground/underground)
5.ac. Customary accessory uses incidental to any of the principal uses
provided that such accessory uses shall not include any activity
conducted for monetary gain or commercial purposes such as:
Servants quarters
Private garage
Guardhouse
Laundries
Non-commercial garages
Houses for pets such as dogs, birds, rabbits and the like of not
more than 4.00 sq. m. in floor area
Pump houses
Generator houses
Building Regulations
Per the relevant provisions of the NBC, PD 957 and this Ordinance.
1. Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
2. Growing of diversified plants and trees, such as fruit and flower bearing
trees, coffee, tobacco, etc.
4. Customary support facilities such as palay dryers and rice threshers and
storage barns and warehouse
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6. Agricultural research and experimentation facilities such as breeding
stations, fishfarms, nurseries, demonstration farms, etc.
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Section 13. Use Regulations in Industrial Zones.
1. Industrial 1 (I-1) Light Industries involves non-pollutive/non-hazardous
and non-pollutive/hazardous manufacturing/processing establishments.
1.a. Non-pollutive/non-hazardous:
1.a.1. Drying fish
1.a.2. Biscuit factory (manufacture of biscuits, cookies, crackers and
other
similar dried bakery products
1.a.3. Doughnut and hopia factory
1.a.4. Manufacture of macaroni, spaghetti and vermicelli and other
noodles
1.a.5. Other bakery products not elsewhere classified
1.a.6. Life vests factory
1.a.7. Manufacture of luggage, handbags, wallets and small leather
goods
1.a.8. Manufacture of miscellaneous products of leather and leather
substitute and not elsewhere classified (nec.)
1.a.9. Manufacture of shoes except rubber, plastic and wood
1.a.10. Manufacture of slipper and sandal except rubber and plastic
1.a.11. Manufacture of footwear parts except rubber and plastic
1.a.12. Printing, publishing and allied industries and nec.
1.a.13. Manufacture or assembly of typewriters, cash registers,
weighing,
duplicating and accounting machines
1.a.14. Manufacture or assembly of electronic data processing
machinery and
accessories
1.a.15. Renovation and repair of office machinery
1.a.16. Manufacture or assembly of miscellaneous office machines and
nec.
1.a.17. Manufacture of rowboats, bancas and sailboats
1.a.18. Manufacture of animal drawn vehicles
1.a.19. Manufacture of children vehicles and baby carriages
1.a.20. Manufacture of laboratory and scientific instruments,
barometers,
chemical balance, etc.
1.a.21. Manufacture of measuring and controlling equipment, plumb
bob, rain
gauge, taxi meter, thermometer, etc.
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1.a.22. Manufacture or assembly of surgical, medical, dental
equipment and
medical furniture
1.a.23. Quick freezing and cold packing for fish and other seafoods,
fruits and
vegetables
1.a.24. Popcorn/rice factory
1.a.25. Manufacture of medical/surgical supplies e.g., adhesive tapes,
antiseptic dressing, sanitary napkins, surgical gauge, etc.
1.a.26. Manufacture of orthopedic and prosthetic appliances e.g.,
abdominal
supporter, ankle supports, arch support, artificial limb,
kneecap
supporter, etc.
1.a.27. Manufacture of photographic equipment and accessories
1.a.28. Manufacture or assembly of optical instruments
1.a.29. Manufacture of eyeglasses, spectacles and optical lenses
1.a.30. Manufacture of watches and clocks
1.a.31. Manufacture of pianos, string instruments, wind and
percussion
instruments and assembly of electronic organs
1.a.32. Manufacture of sporting gloves and mitts
1.a.33. Manufacture of sporting balls not of rubber or plastic
1.a.34. Manufacture of gym and playground equipment
1.a.35. Manufacture of sporting tables e.g., billiards, pingpong, pool
1.a.36. Manufacture of other sporting and athletic goods nec.
1.a.37. Manufacture of toys and dolls except rubber and mold plastic
1.a.38. Manufacture of pens, pencils and other office and artist
materials
1.a.39. Manufacture of umbrella and canes
1.a.40. Manufacture of buttons except plastic
1.a.41. Manufacture of brooms, brushes and fans
1.a.42. Manufacture of needles, pins, fasteners and zippers
1.a.43. Manufacture of insignia, badges and similar emblems except
metal
1.a.44. Manufacture of signs and advertising displays except printed
1.a.45. Small-scale manufacture of ice creams
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1.b.2. Textile bag factories
1.b.3. Canvass bags and other canvass products factory
1.b.4. Jute bag factory
1.b.5. Manufacture of miscellaneous textile goods, embroideries and
weaving apparel
1.b.6. Manufacture of fiber batting, padding and upholstery filling
except coir
1.b.7. Men and boys garment factory
1.b.8. Women and girls garment factory
1.b.9. Manufacture of hats, gloves, handkerchief, neckwear and
related clothing accessories
1.b.10. Manufacture of raincoats and waterproof outer garments
except
jackets
1.b.11. Manufacture of miscellaneous wearing apparel except
footwear and
those nec.
1.b.12. Manufacture of miscellaneous fabricated mill work and those
nec.
1.b.13. Manufacture of wooden and cane containers
1.b.14. Sawali, nipa and split cane factory
1.b.15. Manufacture of bamboo, rattan and other cane baskets and
wares
1.b.16. Manufacture of cork products
1.b.17. Manufacture of wooden shoes, shoe lace and other similar
products
1.b.18. Manufacture of miscellaneous wood products and those nec.
1.b.19. Manufacture of miscellaneous furniture and fixture except
primarily of
metals and those nec.
1.b.20. Manufacture of paper stationary, envelopes and related
articles
1.b.21. Manufacture of dry ice
1.b.22. Repacking of industrial products e.g., paints, varnishes and
other
related products
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2.a.1. Manufacture and canning of ham, bacon and native sausage
2.a.2. Poultry processing and canning
2.a.3. Large-scale manufacture of ice-cream
2.a.4. Corn/rice mill
2.a.5. Chocolate and cocoa factory
2.a.6. Candy, chewing gum, peanuts and other nuts factory
2.a.7. Other chocolate and confectionery products
2.a.8. Manufacturing of flavoring extracts
2.a.9. Manufacture of food products e.g., vinegar, MSG
2.a.10. Manufacture of fish meal
2.a.11. Oyster shell grading
2.a.12. Manufacture of medicinal and pharmaceutical preparations
2.a.13. Manufacture of stationary, art goods, cut stone and marble
products
2.a.14. Manufacture of abrasive products
2.a.15. Manufacture of miscellaneous non-metallic mineral products
nec.
2.a.16. Manufacture of cutlery, except table flatware
2.a.17. Manufacture of hand tools and general hardware
2.a.18. Manufacture of miscellaneous cutlery hand tools
2.a.19. Manufacture of household metal furniture
2.a.20. Manufacture of office, store and restaurant metal furniture
2.a.21. Manufacture of metal blinds, screens and shades
2.a.22. Manufacture of miscellaneous furniture and fixture primarily of
metal
nec.
2.a.23. Manufacture of fabricated structural iron and steel
2.a.24. Manufacture of architectural and ornamental metal works
2.a.25. Manufacture of boilers, tanks and other structural sheet metal
works
2.a.26. Manufacture of other structural products nec.
2.a.27. Manufacture of metal cans, boxes and containers
2.a.28. Manufacture of stamped coated and engraved metal products
2.a.29. Manufacture of fabricated wire and cable products
2.a.30. Manufacture of heating, cooking and lighting equipment
except
electrical
2.a.31. Sheet metal works generally manual operation
2.a.32. Manufacture of other fabricated metal products except
machinery and
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equipment nec.
2.a.33. Manufacture or assembly of agricultural machinery and
equipment
2.a.34. Native plow and harrow factory
2.a.35. Repair of agricultural machinery
2.a.36. Manufacture or assembly of service industry machines,
elevators and
escalators, sewing machines, cooking ranges and water
pumps
2.a.37. Refrigeration industry
2.a.38. Manufacture or assembly of other machinery and equipment
except
electrical nec.
2.a.39. Manufacture and repair of electrical apparatus, cables and
wires
2.a.40. Manufacture of electrical cables and wires
2.a.41. Manufacture of other electrical industrial machinery and
apparatus
nec.
2.a.42. Manufacture or assembly of electric equipment radio and
television,
tape recorders, stereo
2.a.43. Manufacture or assembly of radio and television transmitting,
signaling and detection equipment
2.a.44. Manufacture or assembly of telephone and telegraphic
equipment
2.a.45. Manufacture of other electronic equipment and apparatus nec.
2.a.46. Manufacture of industrial and commercial electrical appliances
2.a.47. Manufacture of household cooking, heating and laundry
appliances
2.a.48. Manufacture of other electrical appliances nec.
2.a.49. Manufacture of electric lamp fixtures
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2.b.6. Curing and re-drying of tobacco leaves
2.b.7. Miscellaneous processing tobacco leaves nec.
2.b.8. Weaving hemp textile
2.b.9. Jute spinning and weaving
2.b.10.Miscellaneous spinning and weaving mills nec.
2.b.11.Hosiery mill
2.b.12.Underwear and outwear knitting mills
2.b.13.Fabric knitting mills
2.b.14.Miscellaneous knitting mills
2.b.15.Manufacture of mats and mattings, carpets and rugs
2.b.16.Manufacture of cordage, rope and twine
2.b.17.Manufacture of related products from abaca, sisal, henequen,
hemp, cotton, paper, etc.
2.b.18.Manufacture of linoleum and other surfaced coverings
2.b.19.Manufacture of artificial leather, oil cloth and other fabrics
except rubberized
2.b.20.Manufacture of coir
2.b.21.Manufacture of miscellaneous textile nec.
2.b.22.Manufacture of rough/unworked lumber
2.b.23.Manufacture of worked lumber
2.b.24.Resaw mills
2.b.25.Manufacture of veneer, plywood and hardwood
2.b.26.Manufacture of doors, windows and sashes
2.b.27.Treating and preserving of wood
2.b.28.Manufacture of charcoal
2.b.29.Manufacture of wood and cane blinds, screens and shades
2.b.30.Manufacture of containers and boxes of paper and paper
boards
2.b.31.Manufacture of miscellaneous pulp and paper products nec.
2.b.32.Manufacture of perfumes, cosmetics and other toilet
preparations
2.b.33.Manufacture of wax and polishing preparations
2.b.34.Manufacture of candles, inks and miscellaneous chemical
products nec.
2.b.35.Tire retreading and rebuilding
2.b.36.Manufacture of rubber shoes and slippers
2.b.37.Manufacture of industrial moulded rubber products
2.b.38.Manufacture of plastic footwear and furniture
2.b.39.Manufacture of other fabricated plastic products nec.
2.b.40.Manufacture of table and kitchen articles
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2.b.41.Manufacture of pottery, china and earthenware nec.
2.b.42.Manufacture of flat glass
2.b.43.Manufacture of glass containers
2.b.44.Manufacture of miscellaneous glass and glass products nec.
2.b.45.Manufacture of clay bricks, clay tiles and hollow block tiles
2.b.46.Manufacture of miscellaneous structural clay products nec.
2.b.47.Manufacture of structural concrete products
2.b.48.Manufacture of engines and turbines except motor vehicles,
marine and aircraft
2.b.49.Manufacture of metal cutting, shaving and finishing machinery
2.b.50.Manufacture of wood working machinery
2.b.51.Manufacture, assembly, rebuilding, repairing of food and
beverage making machinery
2.b.52.Manufacture, assembly, rebuilding, repairing of textile
machinery and equipment
2.b.53.Manufacture, assembly, rebuilding, repairing of paper industry
machinery
2.b.54.Manufacture, assembly, rebuilding, repairing of printing
machinery and equipment
2.b.55.Manufacture of rice mills
2.b.56.Manufacture of machines for leather and leather products
2.b.57.Manufacture of construction machinery
2.b.58.Manufacture of machines for clay, stove and glass industries
2.b.59.Manufacture, assembly, repair, rebuilding of miscellaneous
special industrial machinery and equipment nec.
2.b.60.Manufacture of dry cells, storage battery and other batteries
2.b.61.Boat building and repairing
2.b.62.Ship repairing dockyards, dry dock, shipways
2.b.63.Miscellaneous shipbuilding and repairing nec.
2.b.64.Manufacture of locomotive parts
2.b.65.Manufacture of railroad and street cars
2.b.66.Manufacture or assembly of automobiles, cars, jeepneys, utility
vehicles, buses, trucks and trailers
2.b.67.Manufacture of wood furniture including upholstered furniture
2.b.68.Manufacture of rattan furniture including upholstery
2.b.69.Manufacture of box beds and mattresses
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hazardous manufacturing and processing establishments. Enumerated below are
the allowable uses:
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37. Tanneries and leather finishing plants
38. Pulp mills
39. Paper and paperboard mills
40. Manufacture of fiberboards
41. Manufacture of inorganic salts and compounds
42. Manufacture of soap and cleaning preparations
43. Manufacture of hydraulic cement
44. Manufacture of lime and lime kilns
45. Manufacture of plaster
46. Blast furnaces, steel works and rolling mills
47. Iron and steel foundries
48. Manufacture of smelted and refined nonferrous metals
49. Manufacture of rolled, drawn or astruded nonferrous metals
50. Manufacture of nonferrous foundry products
51. Manufacture of industrial alcohol
52. Other basic industrial chemicals
53. Manufacture of fertilizers
54. Manufacture of pesticides
55. Manufacture of synthetic resins, plastic materials and man-made fibers
except glass
56. Petroleum refineries
57. Manufacture of reclaimed, blended and compound petroleum products
58. Manufacture of miscellaneous products of petroleum and coals
59. Manufacture of paints
60. Manufacture of varnishes, shellac and stains
61. Manufacture of paint removers
62. Manufacture of other paint products
63. Manufacture of matches
64. Manufacture of tires and inner tubes
65. Manufacture of processed rubber not in rubber plantation
66. Manufacture of miscellaneous rubber products,
67. Manufacture of compressed and liquified gases
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1.b.2. Bookstore and office supply shops
1.b.3. Home appliance stores
1.b.4. Car shops (display)
1.b.5. Photo shops
1.b.6. Shopping centers
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2. Commercial 2- a medium to high density commercial area within a
city/municipality intended for trade, service and business activities
performing complementary/supplementary functions to the CBD.
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Section 15. Use Regulations in Institutional Zones.
1. General Institutional Zone - an area within a city/municipality intended
principally for general types of institutional establishments, e.g. government
offices, hospitals/ clinics, academic/research and convention centers.
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Building Density and Bulk Regulations
Per the relevant provisions of the NBC and this Ordinance.
The Building Height Limit is 15 meters above highest grade as
provided in the NBC.
Subject to national locational guidelines and standards of concerned
agencies.
Allowable Uses
2.a. Welfare home, orphanages, boys and girls town, nursing homes,
homes for the aged and the like
2.b. Rehabilitation and vocational training centers for ex-convicts, drug
addicts, unwed mothers, physically, mentally and emotionally
handicapped, ex-sanitaria inmates and similar establishments
2.c. Military camps/reservations/bases and training grounds
2.d. Jails, prisons, reformatories and correctional institution
2.e. Penitentiaries and correctional institutions
2.f. Leprosaria
2.g. Psychiatric facilities, such as mental hospitals, mental
sanitaria/asylums,
2.h. Parks, playgrounds, pocket parks, parkways, promenades and
playlots
2.i. Customary accessory uses incidental to any of the above uses such
as:
Staff houses/quarters
Offices
Eateries/canteens
Parking lots/garage facilities
Storerooms and warehouses but only as may be necessary for
the efficient conduct of the business
Pump houses
Generator houses
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Building Density and Bulk Regulations
Per the relevant provisions of the NBC and this Ordinance.
The Building Height Limit is 15 meters above highest grade as
provided in the NBC.
Subject to national locational guidelines and standards of concerned
agencies
3. River Easement and Salvage Zone PD 1067 also known as The Water
Code of the Philippines, under Article 51, provides that the banks of rivers
and streams and the shores of the seas and lakes throughout their entire
length and within a zone of three meters in urban areas, 20 meters in
agricultural areas and 40 meters in forest areas, along their margins, are
subject to the 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 recreation, navigation,
floatage, fishing or salvage or to build structures of any kind.
Allowable uses include linear parks, tree planting and riverside vegetation.
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4. Infrastructure Right of Ways It is reiterated that these ROWs,
setbacks/easements and even road sidewalks should be protected and
must be secured from development to eliminate congestion and ensure
public safety.
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protected. No residential houses or trees exceeding five meters in
height shall be allowed within the easement
5.u. Transmission line of utility companies like the National Power
Corporation, provided that an easement of 15-75 meters along or
below the high-tension power transmission lines depending on the
rated capacity of the line shall be reserved and protected. No
residential houses or trees exceeding five meters in height shall be
allowed within the easement.
Article VI
GENERAL DISTRICT REGULATIONS
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allowable uses, building density and bulk and building/structure design that
are deemed necessary to achieve the objectives for the Overlay Zone (OZ).
2. Scenic Corridor Overlay Zone This overlay zone aims to preserve the
view and access to natural and built landscapes for the enjoyment of the
general public.
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Repair and renovation works (to include buildings and
landscape) shall ensure that the original architectural designs
are maintained.
The size and appearance of business and other signs shall blend
with the period design of the house or structure
For new constructions, allowable uses shall be as provided in the base R-1
Zone. Designs, to include buildings and landscapes, shall be made similar
to the period designs of the declared houses of ancestry.
4. Ecotourism Overlay Zone This overlay zone aims to ensure that the dual
goals of the environmental conservation and tourism economic
development are attained.
1. Residential Zone
1.a. Low Density Residential 20 dwelling units and below per hectare
1.b. Medium Density Residential 21 to 65 dwelling units per hectare
1.c. High Density Residential 66 or more dwelling units per hectare
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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 CAAP.
Section 21. Area Regulations. Area regulations in all zones shall conform to
the minimum requirement of existing codes such as:
10. CA 141 or Public Land Act public land, including foreshore and
reclaimed lands
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12. PD 1076 or Water Code of the Philippines inland and coastal waters,
shorelines and riverbank easements
19. RA 8550 or Revised Fisheries Code municipal waters and coastal zones
The remaining area or open space should be used as parking space and
should be planted with trees/plants for ecological purposes.
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pleasing as well as efficiently functioning especially in relation to the adjacent
properties and bordering streets.
1. The height and bulk of buildings and structures shall be so designed that it
does not impair the entry of light and ventilation, cause the loss of privacy
and/or create nuisances, hazards or inconveniences to adjacent
developments.
3. The capacity of parking areas/ lots shall be per the minimum requirements
of the National Building Code. These shall be located, developed and
landscaped in order to enhance the aesthetic quality of the facility. In no case
shall parking areas/ lots encroach into street rights-of-way.
6. Glare and heat from any operation or activity shall not be radiated, seen
or felt from any point beyond the limits of the property.
7. Fencing along roads shall be see-through. Side and rear fencing between
adjacent lots (not facing a road) may be of opaque construction materials.
Section 23. Buffer Regulations. A buffer of four (4) meters (or as declared by
LGU) shall be provided along entire boundary length between two or more
conflicting zones allocating two meters from each side of the district
boundary. Such buffer strip should be open and not encroached upon by any
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building or structure and should be a part of the yard or open space, and
provided with vegetation.
Article VII
INNOVATIVE TECHNIQUES
Article VIII
PROJECTS OF NATIONAL SIGNIFICANCE
Article IX
TRAFFIC AND UTILITIES IMPACT STUDY REQUIREMENT
Section 27. Traffic and Utilities Impact Study Requirement. The owner or
developer of a building or a mixed use development that has a total floor area
of at least 5,000 square meters shall be required to submit, as part of the
application for a building permit, a traffic and utilities impact study that
indicates the estimated volume and flow of vehicular traffic into and out of
the building or mixed use development, the impact of such vehicular traffic to
the immediate vicinity, corresponding traffic management procedures and
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devices and the estimated impact of the building or mixed use development
on existing utilities.
Article X
LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIO-ECONOMIC
AND ENVIRONMENTAL SIGNIFICANCE
Article XI
MISCELLANEOUS PROVISIONS
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1. Noise and Vibrations all noise and vibration-producing machinery shall
be enclosed by a building and shall be provided with effective noise-
absorbing materials, noise silencers and mufflers, an open yard planted
with dense trees as buffers. To minimize vibration, machinery should be
mounted on shock-absorbing mountings, such as cork set on reinforced
concrete foundations or a floating isolated foundation set on piles as
needed by the machinery.
2. Smoke - any smoke emitted from any source for a period aggregating
seven minutes in any given 30 minute time particularly when starting a
new fire, shall have a density that shall not be a cause for accidents or
shall not pose a threat to the health of the community and the same must
register an acceptable and safe rating based on the recommendations of
the DENR as concurred by the relevant offices under the local chief
executive (i.e., presently set at a density not greater than no. 2 in the
Ringlemann Chart or as may be prescribed by an updated rating set by
environmental authorities.
3. Dust, Dirt and Fly Ash the emission of dust, dirt or fly ash from any
source of activity that will pollute the air and render it unclean,
destructive, unhealthful or hazardous or cause visibility to be impaired,
shall not be permitted. In no case whatsoever shall dust, dirt or fly ash be
allowed to exceed the minimum rating set by the DENR as concurred by
the pertinent offices under the local chief executive. (i.e., presently set at
a rating not to exceed 0.30 grams per cubic meter of fuel gas at stack
temperature of 60 degrees centigrade so as not to create a haze with
opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart
or as may be prescribed by an updated rating set by environmental
authorities).
4. Odors and Gases - the emission of foul odors and gases deleterious to
public health, safety and general welfare shall not be permitted. Buildings
and activity emitting foul odors and obnoxious gases shall be enclosed by
air-tight building provided with air conditioning system, filters, deodorizing
and other air cleansing equipment. Foul odors caused by poultry, piggery
farms and similar activities will also not be permitted. The proponents of
said activities must implement diligent waste management measures.
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5. Glare and Heat - glare and heat from any operation or activity shall not be
allowed to radiate, be seen or felt from any point beyond the limits of the
property.
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Section 33. Pollution Control. For effective pollution control, all
manufacturing industries classified as pollutive by the DENR shall provide
proper anti-pollutive devices and acquire clearances and certificates from the
DENR-EMB.
The above setbacks/easements shall be subject for public use such as for
recreation, navigation, floatage, fishing salvage, promenading and related
lawful activities. The easement shall be measured in accordance with the
procedure set forth in the National Building Code of the Philippines.
MITIGATING DEVICES
1. That the proposed land area use will not alter the essential
character of the zone, especially its population density, number of dwelling
units per hectare, and the
dominant land use of the zone.
2. That the area subject of application is a consolidated parcel of land
at least one (1) hectare.
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3. The preliminary development plan must generally set forth any
existing or
proposed arrangement of lots, street, access points, buffer strips and rail,
water, highway or other transportation arrangement and the relationship of
the tract of land involved to surrounding properties.
4. That the final development plan must in addition to the above cited
requirements describe the noise, smoke odor, vibration, dust, dirt, noxious
gases, glare and heat, fire hazards, industrial waste and traffic which may be
produced by the development.
5. The final development plan must be submitted to the City
Development Council for review and recommendation, and to the
Sangguniang Panlungsod prior to the approval of the City Executive.
6. The temporary use permit shall be valid for a maximum of 5 years,
subject to the clearance requirements under Article IX of this ordinance.
7. Upon expiration of the temporary use permit, the said permit shall
be deemed automatically revoked and renders the owner to cease to operate.
Any expense for the transfer/relocation of such project to another site shall
be at the account of the owner/operator.
8. Development for the intended use of the zone within a 50-meter
radius from the project line is not evident at the time of the application of the
proponent or not programmed for the next 5 years.
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- 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 other property in same
district.
- That variance will not weaken the general purpose of the ordinance
and
will not adversely affect the public health, safety or welfare.
- The variance, if granted, will still be in harmony with the spirit of this
ordinance.
2. Exceptions:
a. The exceptions will not adversely affect the environment, public
health,
safety and welfare and is 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 adjoining
property in the same district.
d. The exception will not alter the essential delineation of the zone
where the
exception sought is located and will be in harmony with the general
purpose
of the ordinance.
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4. A written affidavit of non-objection to the project by the owner of
the properties adjacent to the project shall be filed by the applicant at
least fifteen (15) days prior to the decision for exception/variance.
5. In case of objection, the city zoning administration shall hold public
hearing.
6. At the hearing, any party may appear in person, or be represented
by agents. All interested parties shall be accorded the opportunity to
be heard and present evidences and testimonies.
7. The local chief executive through the city zoning administration and
the city development council shall render a decision within thirty (30) days
from the filing of the application, exclusive of the time spent for the
preparation of written affidavits of non-objection and/or the public hearing in
case of any objection to the granting of exception/variance.
Section 38. Special Permit Uses. A special permit shall be required for each
of the following uses, subject to terms and conditions as hereunder
prescribed:
1. Cemeteries/Memorial Parks
2.a. These shall be located outside of or within reasonable distance from
residential zones where no hazard to human health and life could
result.
2.b. The number of cemeteries and memorial parks to be allowed shall be
based on the needs of the City.
2.c. Their proper maintenance shall be the exclusive duty of the applicant
or persons running them.
3. Funeral Parlors
3.a. Establishment of funeral parlors may be permitted in residential,
commercial and institutional zones provided that they shall be located
at a minimum radial distance from the following: i) food
establishments - at least 25 meters away; ii) markets at least 50
meters away; iii) abattoirs, schools and hospitals at least 200 meters
away. A one-way private road or alley of not less than three (3)
meters with corresponding entrance within the site of such parlor for
the parking of cars or cortage shall be installed.
4. Telecommunication Stations
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4.a. Base stations and towers for cellular mobile telephone services, public
mobile telephone services, paging services, trunking services, wireless
local loops and other wireless communication services may be located
in residential, commercial, industrial, institutional, agricultural and
agro-industrial zones unless there are expressed prohibitions under
existing laws and regulations.
4.b. Their sound maintenance shall be the exclusive responsibility of the
applicant and/or the persons running them.
5. Cockpit Arena
5.a. They shall be located within the parks and recreation zone and have
at least a 200 meter radius away from residential, commercial and
institutional zones.
5.b. Adequate parking space should be provided for all its patrons.
5.c. Sanitary regulations should be complied with.
Article XII
ADMINISTRATION AND ENFORCEMENT
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recommendation, respectively, prior to conducting any activity or construction
on their property.
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3. Suspension or abandonment of the work so authorized in the locational
clearance or final approval and development permit at any time it has
commenced for a period of 100 days or more.
All payments made for the suspended, revoked and/or invalidated locational
clearance, final approval and development permit, and zoning certification
shall be forfeited in favor of the City.
Section 45. 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 to the
provision of this Ordinance, provided:
2. That no such non-conforming use which has ceased operation for more
than one year again be revived as non-conforming use.
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6. That no such non-conforming use may be changed to another non-
conforming use.
9. 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.
Section 48. Powers and Functions of the Zoning Administrator. The powers
and functions of the Zoning Administrator are the following:
1. Act on all applications for locational clearance for all projects by:
1.a. Issuing the corresponding certificate of zoning compliance for projects
conforming with the zoning regulation.
1.b. Granting or denying applications for temporary use, recommending
variances and exceptions.
1.c. Issuing certificates of non-conformance for non-conforming projects
lawfully existing at the time of the adoption of the Ordinance,
including clearances for repairs/renovations of non-conforming uses
consistent with the guidelines therefore.
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1.d. Imposing appropriate condition(s) on all
permits/clearances/certificates consistent with laws, rules and policies
laid down under this Ordinance.
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2. Act on appeals on grant or denial of locational clearance by the zoning
administrator.
The decision/s of the Board shall be appealable to the Housing and Land Use
Regulatory Board.
Section 51. Composition of the Local Zoning Board of Appeals (LZBA). The
City Development Council shall create a committee which shall act as the
LZBA composed of the following members:
3. City Assessor
4. City Engineer
5. City Planning and Development Coordinator (if other than the Zoning
Officer)
Section 52. Interim Provision. Until such time that the LZBA shall have been
constituted, the HLURB shall act as the LZBA. 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 53. Review of the Zoning Ordinance. The City Development Council
shall create a sub-committee, the Local Zoning Review Committee (LZRC) that
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shall review the Zoning Ordinance considering the Comprehensive Land Use
Plan, as the need arises, based on the following premises:
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2. Recommend to the Sangguniang Panlungsod necessary legislative
amendments and to the City Development Council the needed changes in
the plan as a result of the review conducted.
From the collected fees and fines, 30 percent of which shall be given to the
operations and maintenance of the Zoning Administration Office. Five percent
shall be accrued to the Zoning personnel which shall be proportionally divided
among them as incentives.
The fund shall be disbursed only for the physical improvement and
maintenance of the Zoning Administration Office and its operational
requirement for zoning enforcement.
Any unused balance at the end of the fiscal year in excess of 35 percent of
the previous years expenditures shall revert back to the General Fund.
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Section 59. Processing Fees. All processing fees shall be in accordance
with the schedule prescribed under the existing Amended Tax Code of the
City and shall be paid directly to the Office of the City Treasure.
Section 60. Violations and Penalties. Any person who violates any of the
provisions of this Zoning Ordinance, shall, upon conviction, be punished by a
fine not less than five thousand pesos (P5,000.00) but not more than fifty
thousand pesos (P50,000.00) or an imprisonment for a period of not less than
one month but not exceeding six months or both upon the discretion of the
Court. In case of violation by a corporation, partnership or association, the
penalty shall be imposed upon erring officers thereof.
Section 61. Suppletory Effect of Other Laws and Decrees. The provisions of
this Ordinance shall be without prejudice to the application of other laws and
executive or administrative orders of national agencies with jurisdiction over
specific land areas, and shall remain in force and effect, provided that the
land use decision of the national agencies concerned shall be consistent with
the development plan of City.
Section 65. Effectivity Clause. This Ordinance shall take effect upon
approval and immediately after satisfaction of the required publication in a
newspaper publication in the City and posting of the same in conspicuous
places in the City.
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Penalties
Failure to comply with the prescribed requirements set forth for this purpose
shall mean the filing of appropriate civil or criminal charges with the proper
authorities.
Repealing Clause
Ordinances, Orders or Regulations inconsistent with this Ordinance are hereby
amended or repealed accordingly.
Separability Provision
If for any reason, any section of this Ordinance, or any portion hereof, or the
application of such section or provision, or portion hereof to any person, group or
circumstance is declared invalid or unconstitutional, the remainder of this Ordinance
shall not be affected by such declaration.
Effectivity Clause
This Ordinance shall take effect after 15 days upon its approval by the
Sangguniang Panlalawigan with the satisfaction of its required publication in a
newspaper of general circulation in the Province of Pampanga.
ADOPTED this ___th day of ____ 2016
x----------------------------------------------------------------------------------------------------x
AVELINA M. LACANILAO-LAGMAN
Secretary to the Sanggunian
ATTESTED TO BE DULY ADOPTED:
APPROVED:
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Annex A Definition of Terms
3. 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
structure are allowed.
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components of the CLUP in this usage are the sectoral studies i.e.,
demography, socioeconomic, infrastructure and utilities, local
administration and land use.
13. Conforming Use - a use which is in accordance with the zone classification
as provided for in the Ordinance.
14. Easement - open space imposed on any land use/activities sited along
waterways, road right-of-ways, cemeteries/memorial parks and utilities.
17. Environmentally Critical Projects - refers to those projects which have high
potential for negative environmental impacts and are listed in Presidential
Proclamation 2146.
18. 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.
19. Floor Area Ratio (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
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.
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20. Commercial Zone (GCZ) - an area within the City for trading, services or
business purposes.
21. Residential Zone - an area within the City for dwelling or housing
purposes.
22. General Zoning Map - a duly authenticated map delineating the different
zones in which the City is divided.
23. Gross Floor Area - the GFA of a building is the total floor space within the
perimeter of the permanent external building walls, occupied by:
o office areas
o residential areas
o corridors
o lobbies
o mezzanine
o vertical penetrations which shall mean stairs, fire escapes, elevator
shafts, flues, pipe shafts, vertical ducts, and the like, and their
enclosing walls
o rest rooms or toilets
o machine rooms and closets
o storage rooms and closets
o covered balconies and terraces
o interior walls and columns, and other interior features
but excluding:
o covered areas used for parking and driveways, including vertical
penetrations in parking floors where no residential or office units are
present
o uncovered areas for air-condition cooling towers, overhead water
tanks, roof deck laundry areas and cages, wading or swimming pools,
whirlpools or jacuzzis, gardens, courts or plazas
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25. Innovative Design - introduction and/or application of new creative
designs and techniques in development project e.g., planned unit
development (PUD), newtown, etc.
27. Low Density Residential - an area within the City principally for
dwelling/housing purposes with a density of 20 dwelling units and below
per hectare.
28. Medium Density Residential - an area within the City principally for
dwelling/housing purposes with a density of 21 to 65 dwelling units per
hectare.
31. Park and Recreation - an area designed for amusements and for the
maintenance of ecological balance of the community.
34. Setback - the open spaces left between the building and lot lines.
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35. Urban Area - include all barangay(s) or portion(s) of which comprising the
Poblacion, CBD and other built up areas including the urbanizable land in
and adjacent to said areas and where at least more than 50 percent of the
population are engaged in non-agricultural activities. CBD shall refer to
the areas designated principally for trade, services and business purposes.
36. Urban Zoning Map - a duly authenticated map delineating the different
zones into which the urban area and its expansion area are divided.
38. Zone an area within the City for specific land use as defined by
manmade or natural boundaries.
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