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The Draft Zoning Ordinance of the City of San Fernando

3.3 T HE D RAFT Z ONING O RDINANCE OF


THE C ITY OF S AN F ERNANDO

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.

Zoning is concerned primarily with the use of land and


the control of density of population through imposition of
building heights, bulk, open space and density provisions
in a given area.

B ENEFITS
The benefits attributed to Zoning are:

1. maximum, optimum use of land based on


suitability/capability e.g., use of prime agricultural
land for agricultural purposes;

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The Draft Zoning Ordinance of the City of San Fernando

2. promotion of public health and safety through


compatible arrangement of various land uses e.g.,
residential area should maintain considerable
distance from industries;
3. preservation of desirable character and real estate
values of the district or zone; and,0
4. promotion of the rational and orderly growth of the
community.

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:

Article III, Section 6. The use of property bears a social


function and all economic agents shall contribute to the
common good. Individuals and private groups, including
corporations, cooperatives and similar collective
organizations, shall have the right to own, establish and
operate economic enterprises subject to the duty of the
state to promote distributive justice and to intervene
when the common good demands.

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The Draft Zoning Ordinance of the City of San Fernando

Article XIII, Section 1. The Congress shall give highest


priority to the enactment of measures that protect and
enhance the right of all the people to human dignity,
reduce social and economic inequalities to this end,
the state shall regulate the acquisition, ownership, use
and disposition of property and its increments.

2. Republic Act 7160 or The New Local Government


Code of 1991

Section 20 (Reclassification of Lands). A city or


municipality may, through an ordinance passed by the
Sanggunian after conducting public hearings for the
purpose, authorize the reclassification of agricultural
lands or provide for the manner of their utilization or
disposition in the following cases:
- when the land ceases to be economically feasible
and sound for agricultural purposes as determined by
the Department of Agriculture (DA); and,
- where the land shall have substantially greater
economic value for residential, commercial or
industrial purposes, as determined by the Sanggunian
concerned, provided that such reclassification shall
be limited to the following percentage of the total
agricultural land area at the time of the passage of
the ordinance:
- for highly urbanized and independent
component cities = 15 percent;

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The Draft Zoning Ordinance of the City of San Fernando

- for component cities and first to third class


municipalities = ten percent;
- for fourth to sixth class municipalities = five
percent, provided further, that agricultural lands
distributed to agrarian reform beneficiaries
pursuant to RA No. 6657 otherwise known as the
Comprehensive Agrarian Reform Law, shall not
be affected by the said reclassification and the
conversion of such lands into other purposes shall
be governed by Section 65 of said Act.
- the President may, when public interest so requires
and such upon recommendation of the National
Economic and Development Authority (NEDA),
authorize a city or municipality to reclassify lands in
excess of the limits set in the next preceding
paragraph; and,
- the Local Government Units shall, in conformity
with existing laws, continue to prepare their
respective comprehensive land use plans enacted
through zoning ordinances, which shall be the
primary and dominant bases for the future use of
land resources, and the industrial expansion shall
be taken into consideration in the preparation of
such plans.

Chapter 3, Article 3, Section 458.2 (VIII-X). The


Sangguniang Panlungsod as the legislative body of the
city shall (VII) Adopt a Comprehensive Land Use Plan,

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The Draft Zoning Ordinance of the City of San Fernando

provided, that the formulation, adoption or modification


of said plan shall be in coordination with the approved
Provincial Comprehensive Land Use Plan; (VIII) Reclassify
land within the jurisdiction of the city, subject to the
pertinent provisions of this code; (IX) Enact integrated
zoning ordinance in consonance with the approved
Comprehensive Land Use Plan, subject to existing laws,
rules and regulations establish fire limits or zone,
particularly in populous center and regulate construction,
repair or modification of building within said fire limits or
zones in accordance with the provisions of the fire code;
and (X) Subject to national law, process and approve
subdivision plans for residential, commercial, or industrial
purposes and other development purposes, and to
collect processing fees and other charges, the proceeds
of which shall accrue entirely to the city. Provided,
however, that where approval of a national agency or
office is required, said approval shall not be withheld for
more than 30 days from receipt of the application.
Failure to act on the application within the period stated
above shall be deemed as approval thereof.

3. Presidential Decree 1396 (Amending PD 933).


Creating the Ministry of Human Settlements,
Renaming the Human Settlement Commission as
the Settlements Regulatory Commission

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The Draft Zoning Ordinance of the City of San Fernando

It is hereby the policy of the government to foster


the growth and renewal of our communities, both
rural and urban, in an integrative manner that
promotes optimum land use, adequate shelter,
environmental protection, utilization of
appropriate technology and rational
independence among self-reliant communities.

4. Letter of Instruction No. 729.

Municipalities shall submit their land use plans,


enforcement system and implementing guidelines,
including zoning ordinance to the Ministry of
Human Settlements through the HLURB for review
and ratification.

5. Section 5, Executive Order 648

Reorganization of the Human Settlements


Regulatory Commission. The HLURB shall:

- promulgate zoning and other land use control


standards and guidelines, which shall govern land
use plans and zoning ordinance of local
governments;
- review, evaluate and approve or disapprove
comprehensive land use development plans and
zoning ordinance of local governments; and,

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The Draft Zoning Ordinance of the City of San Fernando

- issues rules and regulations to enforce the land use


policies on human settlements as provided for in
various Presidential Decrees and Letters of
Instructions, namely:
- PD No. 399 Limiting the Use of a Strip on One
Thousand Meters of Land Along Any Existing,
Proposed or On-going Public Highway or Road,
Until the Government Shall Have a Competent
Study and Have Formulated a Comprehensive
and Integrated Land Use and Development
Plan
- PD No. 1216 Defining Open Space in
Residential Subdivision and Amending Section
31 of PD No. 957 Requiring Subdivision Owners
to Provide Roads, Alleys, Sidewalks and to
Reserve Open for Parks and Recreational Use
- PD No. 957 Regulating the Sale of Subdivision
Lots and Condominiums, Providing Penalties for
Violators Thereof
- PD No. 1344 Empowering the National
Housing Authority to Issue Writ of Execution in
the Enforcement of Its Decisions Under PD 957
- PD No. 815 Amending Section 4 of PD 583-
Prescribing Penalties for the Unlawful
Ejectment, Exclusion or Removal of Tenant-
Farmers from Their Farm holding
- PD No. 933 Creating the Human Settlements
Commission

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The Draft Zoning Ordinance of the City of San Fernando

- LOI No. 713 Regulating the construction for


residential, industrial or non-agricultural
purposes on agricultural land by the
Department of Human Settlements and
Environmental Management

6. PD 933 and EO 648 as Amended by EO 90.


Empowering the HLURB to review and to approve
or disapprove land use plans and of cities and
municipalities.

The aforesaid laws likewise authorizes the HLURB to


prescribe the standards and guidelines governing
the preparation of land use plans, to monitor the
implementation of such plans and to adjudicate
and settle the disputes among LGUs over their
land use plans and zoning programs.

7. Executive Order 72

This provided for the preparation and


implementation of the Comprehensive Land Use
Plan of LGUs pursuant to the Local Government
Code of 1991 and other pertinent laws.

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Republic of the Philippines
City of San Fernando
SANGGUNIANG PANLUNGSOD

Ordinance No._, Series 2016

AN ORDINANCE ADOPTING THE INTEGRATED ZONING REGULATIONS OF


THE CITY OF SAN FERNANDO (PAMPANGA)

Be it ordained by the Sangguniang Panlungsod of San Fernando:

WHEREAS, Republic Act 7160, otherwise known as the Local Government


Code of 1991, provides that Local Government Units shall, in
conformity with existing laws, continue to prepare their
respective land use plans which shall be the primary and
dominant bases for the future use of land resources;

WHEREAS, the implementation of Comprehensive Land Use Plan would


require the enactment of regulatory measures to translate its
planning goals and objectives into reality;

WHEREAS, a Zoning Ordinance is one such regulatory measure which is an


important tool for the implementation of the Comprehensive
Land Use Plan; and,

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;

NOW, THEREFORE, the Sangguniang Panlungsod of San Fernando in a


session assembled hereby adopts the following Zoning Ordinance:

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

Section 2. Authority. This Ordinance is enacted pursuant to the provisions of


Republic Act 7160, particularly Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated
10 October 1991, authorizing the City Government through the Sangguniang
Panlungsod to adopt a Zoning Ordinance, subject to the provisions of
pertinent and existing laws, and in conformity with Executive Order No. 72.

Section 3. Purposes. This Ordinance is enacted for the following purposes:

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;

3. Promote and protect the environment, health, sanitation, safety, peace,


comfort, convenience and general welfare of the inhabitants in the
locality;

4. Provide adequate natural light and air ventilation, maximum privacy and
convenience of access to property;

5. Prevent undue concentration of activities that may collectively cause


undue harm to the Citys populace;

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.

Section 4. General Zoning Principle. This Zoning Ordinance is based on


the approved Comprehensive Land Use Plan of the City of San Fernando as
per Resolution No. 892 dated June 8, 2007.

Article III
DEFINITION OF TERMS

Section 5. Definition of Terms. Words and phrases used in this Zoning


Ordinance are compiled and defined in Annex A which is an integral part of
this Ordinance. The interpretation of technical terms shall carry the same
meaning given to them in already approved codes, rules and regulations, such
as, but not limited to, the National Building Code, Water Code, Philippine
Environmental Code, Code on Sanitation, National Pollution Control Act of
1976, Urban Development and Housing Act of 1992 and other Implementing
Rules and Regulations, promulgated by the HLURB.

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

Items 1-7 are also referred to as base zones.

Section 7. Zoning Maps. It is hereby adopted as an integral part of this


Ordinance, the Official Zoning Maps for the whole City, duly prepared by the
Office of the City Planning and Development Coordinator, wherein the
designation, location and boundaries of the districts/zones herein established
are shown and indicated. Such Official Zoning Maps shall be signed by the
City Mayor and attested by the Secretary of the Sangguniang Panlungsod.

In case of loss, damage, destruction and/or extreme difficulty in the


interpretation of the Official Zoning Map(s), the Sangguniang Panlungsod
may, by Resolution, adopt a new Zoning Map(s) which likewise shall be in
accordance with the Comprehensive Land Used Plan of the City; provided that
all prior maps or any significant parts hereof shall be preserved together with
all the available records pertaining to their adoption and/or amendment.

Section 8. Zone Boundaries. The locations and boundaries of the


abovementioned zones and sub-zones are hereby identified and specified as
shown below:

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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:

1. Where zone boundaries are so indicated that they approximately follow


the center of streets or highways, the street or highway right-of-way lines,
shall be construed to be the boundaries;

2. Where zone boundaries are so indicated that they approximately follow


the lot lines, such lot lines shall be construed to be the boundaries;

3. Where zone boundaries are so indicated that they are approximately


parallel to the center lines or right-of way lines of streets and highways,
such zone boundaries shall be construed as being parallel thereto and at
such distance there from as indicated in the zoning map. If no distance is

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given, such dimension shall be determined by the use of the scale shown
in said zoning map;

4. Where the boundary of a zone follows approximately a railroad line, such


boundary shall be deemed to be the railroad right-of-way;

5. Where the boundary of a zone follows a stream, lake or other bodies of


water, said boundary line shall be deemed to be at the limit of the political
jurisdiction of the community unless otherwise indicated. Boundaries
indicated as following shorelines shall be construed to follow such
shorelines and in the event of change in the shorelines, shall be construed
as moving with the actual shorelines;

6. Where a lot of one ownership, as of record at the effective date of this


Ordinan ce, is divided by a zone boundary line, the lot shall be construed
to be within the zone where the major portion of the lot is located. In
case the lot is bisected by the boundary line, it shall fall in the zone where
the principal structure falls;

7. Where zone boundary is indicated as one lot deep, said depth shall be
construed to be the average lot depth of the lots involved within each
particular city 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.

In case of any remaining doubt as to the location of any property along


zone boundary lines, such property shall be considered as falling within
the less restrictive zone; and,

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

Section 10. General Provision. The uses enumerated in the succeeding


sections are neither exhaustive nor all-inclusive. The Local Zoning Board of
Adjustment and Appeals (LZBAA) shall, subject to the requirements of this
Article, allow other uses not enumerated hereunder provided that they are
compatible with the cause expressly allowed.

Allowance of further uses shall be based on the intrinsic qualities of the land
and the socio-economic potential of the locality with due regard to the
maintenance of the essential qualities of the zone.

Specific uses/activities of lesser density within a particular zone (e.g., low


density residential) may be allowed within the zone of higher density (e.g.,
medium density or high density residential) but not vice versa, nor in another
zone and its subdivisions (e.g., central business district, commercial 2),
except for uses expressly allowed in said zones, such that the cumulative
effect of zoning shall be intra-zonal and not inter-zonal.

Section 11. Use Regulations in Residential Zones.

1. Low Density Residential (R-1) - shall be used principally for


housing/dwelling purposes so as to maintain the peace and quiet
environment of the area within the zone. The following are allowable uses:
1.a. Single detached family dwelling
1.b.Single semi-detached family dwelling
1.c. Double semi-detached family dwelling
1.d. Customary accessory uses like:
1.d.1. Servants quarter
1.d.2. Private garage
1.d.3. Guard house
1.d.4. Rest house
1.e. Home occupation for the practice of ones profession or for engaging
in in-house business or industries such as dressmaking, tailoring,
baking, running a sari-sari store and the like, provided that:
1.e.1. Not more than two outside or hired employees, helpers or
assistants shall be engaged in such home occupation;
1.e.2. The use of the dwelling unit for an item for home occupation
shall be clearly incidental and subordinate to its use to

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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

1.g. Community facilities such as:


a. Chapels and other similar places of worship
b. Barangay halls and other incidental facilities
c. Pre-schools, elementary and high schools
d. Police/Fire sub-stations
e. Clinic, nursing and convalescing health centers
f. Community parks and playground
g. Radio, TV and other communication facilities provided that their
sound maintenance shall be the exclusive responsibility of the
applicant and/ or person running them.
1.h. Clubhouse and its incidental facilities
1.i. Refilling stations and minor motor service shops located along major
thoroughfares
1.j Mini-marts
1.k Neighborhood laundry shops and dry-cleaning services subject to the
conditions stipulated under item No. 1.e of this section.

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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

3. High Density Residential (R-3) - shall be used for dwelling/housing


purposes of high density. The following are the allowable uses:
3.a. All uses allowed in low and medium density residential
3.b. Multi-family dwelling
3.c. Residential condominiums
3.d. Hotels
3.e. Motels
3.f. Pension houses
3.g. Hometels
3.h. Hotel apartments or apartels
3.i. Apartments
3.j. Boarding houses
3.k. Dormitories
3.l. Elementary schools, high schools, and vocational schools
3.m. Branch libraries and museums
3.n. Clinics, hospitals, nursing or convalescing homes with not more than
50 bed capacity
3.o. Drugstores
3.p. Home occupation as provided for in low density residential except
that not more than eight outside or hired helpers, assistants or
employees may be employed
3.q. Club houses and lodges
3.r. Backyard gardens and yards for raising pigs, poultry and other
animals and fowls, provided that:

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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

4. Socialized Housing shall be used principally for socialized


housing/dwelling purposes for the underprivileged and homeless as
defined in RA 7279. The following are the allowable uses:

4.a. Socialized housing-BP 220


4.b. All uses allowed in low, medium and high density residential
4.c. Relocation projects

5. General Residential Zone- an area within a city/municipality intended


principally for dwelling/housing purposes. Typical residential areas in
barrios and barangays.
5.a. Single-detached dwelling units
5.b. Semi-detached family dwelling units, e.g. duplex
5.c. Townhouses
5.d. Apartments
5.e. Residential condominium
5. f. PD 957 Subdivisions
5.g. PD 957Condominiums
5.h. Boarding houses
5.i. Dormitories
5.j. Pension houses
5.k. Hotel apartments or apartels
5.l. Hotels
5.m. Museums
5.n. Libraries
5.o. Home occupation for the practice of ones profession such as offices of
physicians, surgeons, dentists, architects, engineers, lawyers, and other
professionals or for engaging home business such as dressmaking,
tailoring, baking, running a sari-sari store and the like, provided that:

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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.

Section 12. Use Regulations in Agricultural Zones.

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.

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 warehouse

5. Ancillary dwelling units/farmhouses for tillers and laborers

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6. Agricultural research and experimentation facilities such as breeding
stations, fishfarms, nurseries, demonstration farms, etc.

7. Pastural activities such as goat raising and cattle fattening

8. Home occupation for the practice of ones profession or engaging home


business such as dressmaking, tailoring, baking, retailing, running sari-sari
store and the like, provided that:
8.a. Number of persons engaged in such business/industry shall not
exceed five inclusive of the owner
8.b. There shall be no change in the outside appearance of the
building/premises
8.c. No home occupation shall be conducted in any customary accessory
uses cited above
8.d. No traffic shall be generated by such home occupation in greater
volume than would normally be expected in a residential
neighborhood and any need for parking generated by the conduct by
such home occupation shall be met off the street in a place other than
the required front yard
8.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 caused fluctuation in line voltage off
the premises

9. Home industry classified as cottage industry e.g., mat weaving, pottery


making, food preservation, etc. provided that:
9.a. Such home industry shall not occupy more than 30 percent of 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
9.b. Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI)
9.c. It shall consider the same provisions (8.c., 8.d. and 8.e.) as
enumerated under 8. Home Occupation, Section 12, Article V

10. Backyard raising of livestock and fowl, provided that:


10.a. For livestock - a minimum of ten heads
10.b.For fowl a maximum of five hundred birds

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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

1.b. Non-pollutive/hazardous industries:


1.b.1. Manufacture of house furnishing

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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

2. Industrial 2 (I-2) Medium Industries involves pollutive/non-hazardous


and pollutive/hazardous manufacturing and processing establishments.
2.a. Pollutive/non-hazardous industries:

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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

2.b. Pollutive/hazardous industries:


2.b.1. Flour and cassava flour mill
2.b.2. Manufacture of coffee
2.b.3. Manufacturing of unprepared animal feeds, other grain milling
nec.
2.b.4. Production of prepared feeds for animals
2.b.5. Cigar and cigarette factory

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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

3. Industrial 3 (I-3) HEAVY INDUSTRIES - are for large scale highly


pollutive/non-hazardous; highly pollutive/hazardous, highly pollutive/extremely
hazardous, non-pollutive/extremely hazardous; and pollutive/extremely

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hazardous manufacturing and processing establishments. Enumerated below are
the allowable uses:

1. Meat processing, curing, preserving except processing of ham,


bacon, sausage and chicharon
2. Ice cream factories
3. Milk processing plants (e.g., manufacturing filled, reconstituted,
recombined, condensed or evaporated milk)
4. Butter and cheese processing plants
5. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing,
bottling of natural animal milk and cream related products)
6. Processing of other dairy products
7. Canning and preserving of fruits and fruit juices
8. Canning and preserving of vegetable and vegetable sauces
9. Canning and preserving of vegetable sauces
10. Miscellaneous canning and preserving of fruits and vegetables
11. Fish canning
12. Patis factories
13. Bagoong factories
14. Processing, preserving and canning of fish and other seafood
15. Manufacture of desiccated coconut
16. Manufacture of starch and its products
17. Manufacture of wines from juices of local fruits
18. Manufacture of malt and malt liquors
19. Manufacture of soft drinks carbonated water
20. Manufacture of instant beverages and syrups
21. Other non-alcoholic beverages
22. Slaughtering, preparation and preservation of meat products
23. Vegetable oil mills, including coconut oil refineries
24. Manufacture of refined cooking oil and margarine
25. Manufacture of fish, marine and other animal oils
26. Manufacture of vegetable and animal oils and fats
27. Sugar cane milling (centrifugal and refined)
28. Sugar refining
29. Muscovado sugar mills
30. Distilled, rectified and blended liquors
31. Cement factories
32. Cotton textile mills
33. Ramie textile mills
34. Rayon and other man-made fiber textile mills
35. Bleaching and drying mills
36. Manufacture of narrow fabrics

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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

Section 14. Use Regulations in Commercial Zones.


1. Central Business District
1.a. Offices like:
1.a.1. Office buildings
1.a.2. Office condominiums

1.b. Stores and shops like:


1.b.1. Department stores

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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

1.c. Food markets and shops like:


1.c.1. Markets
1.c.2. Bakery and bake shops
1.c.3. Wine stores
1.c.4. Groceries
1.c.5. Supermarkets

1.d. Recreational centers like:


1.d.1. Movie houses and theaters
1.d.2. Pelota courts
1.d.3. Swimming pools
1.d.4. Day and night clubs

1.e. Personal service shops like:


1.e.1. Beauty parlors
1.e.2. Barber shops
1.e.3. Sauna bath and massage clinic
1.e.4. Dressmaking and tailoring shops

1.f. Restaurant and other eateries

1.g. Short term special education like:


1.g.1. Dancing school
1.g.2. School for self-defense
1.g.3. Driving school
1.g.4. Speech clinics
1.g.5. Review centers
1.h. Storerooms and warehouses, but only as may be necessary for the
efficient conduct of the business
1.i. Hospitals, clinics, nursing and convalescing homes
1.j. Drugstores
1.k. Filing stations
1.l. Service Stations

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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.

2.a. All uses allowed in CBD

2.b. Repair shops like:


2.b.1. House appliances repair shops
2.b.2. Motor vehicles and accessory repair shops
2.b.3. Home furnishing shops

2.c. Flower shops


2.d. Embalming establishments
2.e. Cottage industries
2.f. Manufacturing industries certified as non-pollutive and non-hazardous
by the National Pollution Control Commission
2.g. Stockyards and slaughterhouses
2.h. Cold storage and warehouses
2.i. Bus terminals and car barns
2.j. Any uses incidental to any of the above enumerated uses
2.k. Rice and other grain mills
2.l. Concrete block factories
2.m.Lumber yards
2.n. Printing and publishing

3. Commercial 3- A high density commercial area within a city or


municipality intended for regional shopping centers such as large malls and
other commercial and business activities which are regional in scope or
where market activities generate traffic and require utilities and services
that extend beyond local boundaries and requires metropolitan level
development planning and implementation. High rise hotels, sports stadium
or sports complexes area also allowed in this zone.
3.a. All uses allowed in C-1 and C-2 Zones
3.b. Regional shopping malls/centers

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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.

1.a Government or civic centers to house national, regional or local


offices in the area
1.b.Police and fire stations
1.c. Other types of government buildings
1.d. Colleges, universities, professional business schools, vocational
and trade schools, technical schools and other institutions of
higher learning
1.e. Learning facilities such as training centers, seminar halls and
libraries
1.d. Scientific, cultural and academic centers and research facilities
except nuclear, radioactive, chemical and biological warfare
facilities
1.e. Museums, exhibition halls and art galleries
1.f. Convention center and related facilities
1.g. Civic centers and community centers
1.h. General hospitals, medical centers, specialty hospitals, medical,
dental and similar clinics,
1.i Places of worship, such as churches, mosques, temples, shrines,
chapels
1.j. Seminaries and convents
1.k. Embassies/consulates
1.l. Parking buildings
1.m. Parks, playgrounds, pocket parks, parkways, promenades and
playlots
1.n. 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.

2. Special Institutional Zone - An area within a city or municipality


intended principally for particular types of institutional establishments
e.g. welfare homes, orphanages, home for the aged, rehabilitation and
training centers, military camps/reservation/bases/training grounds,
etc.

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

Section 16. Use Regulations in Protected Zones.


1. Parks and Open Space - the following uses shall be allowed:
1.a. Parks/gardens
1.b. Resort areas including accessory uses
1.c. Open air or outdoor sports activities and support facilities, including
low rise stadia, gyms, amphitheaters and swimming pools
1.d. Golf courses, ball courts, race tracks and similar uses
1.e. Memorial parks/shrines, monuments, kiosks and other park structures
1.f. Wild life park, botanical and zoological garden
1.g. Theme park

2. Heritage and Historic Preservation these sites shall be protected from


any form of desecration and vandalism. Preservation and rehabilitation of
the same may be undertaken through the formulation of guidelines which
shall focus on adaptive and re-used concepts.

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.

Building structures of any kind in this zone are absolutely prohibited,


except for bank or shore stabilization structures, fences to set off the
easement from private property lines or footpaths and walkways in case
such easements are developed into public parks, promenades and the like.

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.

5. Infrastructure Areas - includes institutional uses e.g., memorial parks,


cemeteries, sports and recreational facilities, utilities and transportation.
Allowable uses are the following:
5.a. Colleges, universities, professional business schools, vocational and
trade schools, technical schools and other institutions of learning
5.b. General hospitals, medical center and multi-purpose clinics
5.c. Scientific, cultural and academic centers and research facilities except
nuclear, radioactive, chemical and biological warfare facilities
5.d. Convention centers and related facilities
5.e. Religious structures e.g., church, seminary, convent
5.f. Museum/public libraries, reading centers
5.g. Student housing e.g., dormitories, boarding house
5.h. Cemeteries and similar burial grounds
5.i. Welfare houses, orphanages, boys and girls town, home for the aged
and the like
5.j. Rehabilitation and vocational training centers for ex-convicts, drug
addicts, unwed mothers, physically, mentally, and emotionally
handicapped, ex-sanitarium inmates and similar establishments
5.k. Penitentiary and correctional institutions
5.l. Resorts areas including accessory uses
5.m.Fishing parks
5.n. Other uses similar, related or directly incidental to the above uses
5.o. Domestic water supply system installations including tube well drilling
fields and storage tanks and reservoirs
5.p. Transportation terminals
5.q. Radio, television and television transmitter, receiver and repeater
facilities
5.r. Electrical power plant, substation, and power distribution lines
5.s. Roads and streets of all types and related fixtures within the legal
right of way, including off-street parking facilities and transport
terminals
5.t. Telecommunications facilities, provided that an easement of 100
meter radius or equivalent to the height of the tallest tower structure,
as the case may be, the transmission towers shall be reserved and

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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.

6. Cemetery/Memorial Park- An area in a city/municipality intended for the


interment of the dead.
Allowable Uses
Memorial Parks
Cemetery
Columbarium
Crematorium
Ossuary
Customary accessory uses such as crypts, chapels, parks,
playgrounds, pocket parks, parkways, promenades,
parking, and toilet facilities

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 HLURB Rules and Regulations for Memorial Parks and
Cemeteries and other applicable guidelines/standards of concerned
agencies
Subject to national locational guidelines and standards of concerned
agencies.

Article VI
GENERAL DISTRICT REGULATIONS

Section 17. Overlay Zones. A transparent zone that is overlain on a basic


zone or another overlay zone that provides an additional set (or layer) of
regulations. These additional layers of regulations may pertain to additionally

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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).

1. Flood Overlay zone


Allowable uses shall be as provided in the respective Base Zones (BZ),
subject to the following additional regulations. Buildings shall be made
flood resilient through any or combination of the following means:
Raising the lowest floor line at or above the Flood Protection
Elevation (FPE) as determined by the DPWH either through fill
or by using stilts;
Providing roof decks that can be used for evacuation purposes;
Building utility connections such as those for electricity, potable
water and sewage shall be located at elevations higher than the
FPE;
Natural drainage patterns should not be altered; and,
Use sustainable urban drainage systems (SUDS) to include
rainwater storage tanks, green roofs, etc. that can decrease the
flow and make productive use of storm water run-off.

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.

Allowable uses shall be as provided in the applicable Base Zones.


Landscape materials, particularly continuous hedge planting, should not
obstruct views from the road. These shall have maximum heights of
600mm reckoned from the street crown.

3. Heritage Overlay Zone This overlay zone aims to preserve historic


structures/sites and facilities; and, to harmonize the design and
construction of new ones with these historic structures/sites.

For declared heritage houses and structures, allowable uses shall be


limited to:
Single-detached residential structures
Museums
Shops, offices, restaurants, craftsmens workshops and retail
outlets (only at the groundfloor)

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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.

Allowable uses shall be as provided in the applicable Base Zones.


Accommodation facilities, boardwalks, dining facilities, dive shops/ diving
lessons establishments, water-oriented recreation/ sports-rental
equipment shops, tourism-oriented retail shops, and foreign exchange
shops/ establishments are allowed.

Section 18. Development Density. Permitted density shall be based on the


zones capacity to support development.

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

2. All Other Zones


There are no fixed maximum densities but should be based on the
planned absolute level of density that is intended for each zone based on
the Comprehensive Land Use Plan.

Section 19. Height Regulations. Notwithstanding the Building Height


provisions of this ordinance, building heights should also conform to the
height restrictions and requirements of the Civil Aviation Authority of the
Philippines (CAAP).

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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 20. Exemptions from Height Regulation in Low Density Residential


and Medium Density Residential. Exempted from the imposition of height
regulations in Residential Zones are the following; towers, church steeples,
water tanks and other utilities and structures not covered by the height
regulations of the National Building Code and/or the ATO.

Section 21. Area Regulations. Area regulations in all zones shall conform to
the minimum requirement of existing codes such as:

1. PD 957 Subdivision and Condominium Buyers Protective Law and its


revised implementing rules and regulations

2. BP 220 Promulgation of Different Levels of Standards and Technical


Requirements for Economic and Socialized Housing Projects and its revised
implementing rules and regulations

3. RA 7279 Urban Development and Housing Act

4. PD 1096 National Building Code

5. PD 1185 Fire Code

6. PD 856 Sanitation Code

7. RA 6541 Structural Code

8. BP 344 Accessibility Law

9. Rules and Regulations HLURB Town Planning and Zoning Program

10. CA 141 or Public Land Act public land, including foreshore and
reclaimed lands

11. PD 705 or Revised Forestry Code forestlands;

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12. PD 1076 or Water Code of the Philippines inland and coastal waters,
shorelines and riverbank easements

13. RA 6657 or Comprehensive Agrarian Reform Law agrarian reform lands

14. RA 7279 or Urban Development and Housing Act (UDHA) socialized


housing and settlements development

15. RA 7586 or National Integrated Protected Areas Act protected areas in


both land and seas

16. RA 7942 or Philippine Mining Act mining areas

17. RA 8371 or Indigenous Peoples Rights Act (IPRA) ancestral lands

18. RA 8435 or Agriculture and Fisheries Modernization Act (AFMA) SAFDZs


and prime agricultural lands

19. RA 8550 or Revised Fisheries Code municipal waters and coastal zones

20. RA 9593 or Philippine Tourism Act tourism zones and estates

21. RA 9279 or Philippine Climate Change Act, as amended

22. RA 10066 or Philippine Cultural Heritage Act cultural and heritage


zones/ areas, and

23. RA 100121 or Disaster Risk Reduction and Management Act disaster-


prone and geo-hazard areas

The remaining area or open space should be used as parking space and
should be planted with trees/plants for ecological purposes.

Section 22. Site Development Standards. The City/Municipality consider it in


the public interest that all projects are designed and developed in a safe,
efficient, and aesthetically pleasing manner. Site development shall consider
the environmental character and limitations of the site and its adjacent
properties. All project elements shall be in complete harmony according to a
good design principles and the subsequent development must be visually

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pleasing as well as efficiently functioning especially in relation to the adjacent
properties and bordering streets.

Further, design should consider the following:

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.

2. Abutments to adjacent properties shall not be allowed without the


neighbors prior written consent which shall be required by the Zoning
Administrator/ Zoning Officer prior to the granting of a Locational Clearance.

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.

4. Developments, such as shopping malls, schools, places of worship,


markets, sports stadia and the like, which attract a significant volume of
transportation, such as PUVs and, private vehicles shall provide adequate on-
site parking for the same. These should also provide vehicular loading and
unloading bays so as through street traffic flow will not be impeded.

5. Buffers, silencers, mufflers, enclosures and other noise-absorbing


materials shall be provided to all noise and vibration-producing operations.
Noise levels shall be maintained according to levels specified in DENRs latest
guidelines on the Abatement of Noise and Other Forms of Nuisance.

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.

Section 24. Specific Provisions in the National Building Code. Specific


provisions stipulated in the National Building Code (PD 1096) relevant to
traffic generators, advertising and business signs, erection or more than one
principal structure, dwelling or rear lots, access yard requirements and
dwelling groups, which are not in conflict with the provision of the Zoning
Ordinance, shall be observed.

Article VII
INNOVATIVE TECHNIQUES

Section 25. Innovative Techniques or Designs. For projects that promote


urban renewal, restoration works or introduces flexibility and creativity of
design or plan such as but not limited to historic preservation, planned unit
development and similar developments, may be approved by the local
government through the office in charge of the city zoning administration.

Article VIII
PROJECTS OF NATIONAL SIGNIFICANCE

Section 26. Project of National Significance. A project may be declared by


the NEDA Board as project of national significance pursuant to Section 3 of
EO 72. When a project is declared as such, the locational clearance shall be
issued by the HLURB.

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

Section 28. Locational Clearance for Projects of Local Socio-Economic and


Environmental Significance. All projects that fall within the above project
classification shall be subjected to proper technical evaluation by all
concerned government agencies to include the Barangay Development
Council (BDC) and the City Development Council (CDC). Said evaluations shall
be reviewed by and appropriate recommendations and actions shall be
pursued by the Sangguniang Panlungsod.

Article XI
MISCELLANEOUS PROVISIONS

Section 29. Environmental Compliance Certificate (ECC). Notwithstanding the


issuance of locational clearance, no environmentally critical projects or
projects located in environmentally critical areas shall be commenced,
developed or operated unless the requirements of ECC have been complied
with.

Section 30. Subdivision Projects. All owners and/or developers of


subdivision projects shall, in addition to securing locational clearance, be
required to secure a development permit pursuant to the provisions of PD 957
and its implementing rules and regulations or BP 220 and its implementing
rules and regulations and in the case of socialized housing projects in
accordance with the procedures laid down in EO 71, series of 1993 and RA
7279 and its implementing rules and regulations.

Section 31. Performance Standards. All land uses, development, or


constructions shall conform to the following standards:

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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.

6. Industrial Waste industrial plant waste shall be disposed of only in a


manner that will not create any nuisance or danger to adjoining properties
or to the community in general.

7. Sewerage Disposal - no sewerage dangerous to the public health, safety


and general welfare shall be discharged to any public sewer system,
natural waterway or drainage channel. In addition to other requirements,
all sewage shall comply with the pertinent requirements of the
Environmental Management Bureau (EMB) of the DENR.

Section 32. Environmental Impact Assessment/Statement. Major


construction, development or activities may be required by the city zoning
administration to submit an Initial Environment Examination (IEE) and/or
Environment Impact Statement (EIS). If so required, the following shall be
submitted by the applicant:

1. Detailed description of the proposed development, action or construction.

2. Detailed description of the physical, biological, social environment within


which the development construction will occur.

3. Detailed description of existing plans which will be affected by the


proposed development action.

4. Detailed description of other actions planned, or in the course of


realization, which will interact with the proposed action, so as to increase
or reduce the environmental impact.

5. Detailed description of probable direct and induced impact of the proposed


action on the physical biological and social environment.

6. Comparison of impact of alternative actions.

7. Special emphasis on adverse effects, long-term effects, resource


commitments and cost-benefit analysis.

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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.

Section 34. Buffer Strip/Easement. In the utilization, exploitation,


development, conservation and protection of water resources, the following
setbacks and/or easements along the entire length of banks of rivers, creeks,
streams and all waterways shall be observed:

1. Five meters setback along the banks of waterways in urban areas

2. Twenty meters easement for the same in all agricultural areas

3. Forty meters easement for conservation areas

4. Forty meters easement for shores of bodies of water

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

SECTION 35. TEMPORARY USE PERMIT - When it is impractical to apply the


requirements of this ordinance to certain development, the city zoning
administration may, on grounds of innovative development techniques, grant
a temporary use permit for the purpose subject to the approval of the
Sangguniang Panlungsod, provided the following conditions are complied
with:

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.

SECTION 36. DEVIATION - Exceptions and variances or deviations from the


provision of the ordinance may be allowed by the city zoning administration
only when the following terms and conditions are existing, subject to the
clearances requirements under Article IX of this ordinance and approval by
the Sangguniang Panlungsod.
1. Variances:
a. The property is unique and different from other properties in the
adjacent locality and because of its uniqueness, the owner/s cannot
obtain a reasonable return on the property. This condition shall include
at least 3 of the following provisions:
- Conforming to the provisions of the Ordinance will cause undue
hardship
on the part of the owner or occupant of the property due to physical
conditions of the property (topography, shape, etc.) and is not self-
created.
- The proposed variance is the minimum deviation necessary to permit
a
reasonable use of the property.

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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.

SECTION 37. PROCEDURE FOR GRANTING EXEMPTIONS AND


VARIANCES - The procedure for the granting of an exception and/or variance
is as follows:
1. A written application for an exception or variance is undertaken
citing the section of this ordinance under which the same is sought and
stating the ground/s or justifications thereof.
2. Upon filing of the application, a visible project sign, (indicating name
and nature of the proposed project) shall be posted at the project site.
3. The city zoning administration shall conduct preliminary studies on
the application.

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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.

6. Piggery and Poultry


6.a. They must be located in agricultural and agro-industrial zones and
outside urban and major residential, commercial and institutional
zones.
6.b. They must be located at least 25 meters radius away from sources of
ground and surface drinking water.
6.c. Medium and large-scale piggery and poultry farms must be at least
1,000 meters away from built-up areas (residential, commercial,
institutional and industrial zones) while small-scale must be at least
500 meters away.
6.d. Piggery farms must be 500 meters away from major roads/highways
and poultry farms must be 200 meters away.
6.e. The site of medium to large-scale piggery and poultry farms must be
at least one kilometer away from one another to minimize pollution
and health hazards.

Article XII
ADMINISTRATION AND ENFORCEMENT

Section 39. Locational Clearance. All owners/developers shall secure


locational clearance from the city zoning administration or in cases of
variances and exemptions, from the local chief executive through the city
zoning administration and the City Development Council for review and

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recommendation, respectively, prior to conducting any activity or construction
on their property.

Section 40. Building Permits. No building permit shall be issued by the


building official without a valid locational clearance in accordance with this
Ordinance.

Section 41. Building Occupancy Permits. No building occupancy permit


shall be issued by the building official without official validation/verification
from the city zoning administration.

Section 42. Non-Users 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 clearance within said period shall result
in its automatic expiration, cancellation and the grantee shall not proceed
with his project without re-applying for a new clearance.

Section 43. 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 one year from the date of enactment of this
Ordinance. Failure on the part of the owner to register/apply for the said
certificate shall be considered in violation of the Zoning Ordinance and is
subject to penalties. The city zoning administration shall immediately notify
owners of known existing non-conforming use so they may apply for the said
certificate.

Section 44. Grounds for Denial, Suspension, Revocation and/or Invalidation


of Locational Clearance, Final Approval and Development Permit, and Zoning
Certifications. The city zoning administration may order or direct denial,
suspension, revocation and/or invalidation of locational clearance, final
approval and development permit, and Zoning Certification on any of the
following grounds:

1. Incorrect or inaccurate information found in application.

2. Non-compliance with the terms and conditions of the locational clearance


or final approval and development permit.

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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.

4. Unauthorized changes/modifications or alterations in the approved plans


and specifications and/or in the construction.

5. Failure to engage the service of a duly licensed civil or geodetic engineer


to undertake full time inspection and/or supervision in the implementation
of the project.

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:

1. That no such non-conforming use shall be enlarged or extended to occupy


a greater area of land than that already occupied by such use at the time
of the adoption of this Ordinance or moved in whole or in part, to any
other portion of the lot or parcel or land where such non-conforming use
exists at the time of the adoption of this Ordinance.

2. That no such non-conforming use which has ceased operation for more
than one year again be revived as non-conforming use.

3. An idle/vacant structure may not be used for non-conforming activity.

4. That any non-conforming structure, or structures under one ownership


which has been damaged maybe reconstructed and used as before
provided that such reconstruction is not more than 50 percent of the
replacement cost.

5. That should such non-conforming portion of structure be destroyed by any


means to an extent of more than 50 percent of its replacement cost at the
time of destruction, it shall not be reconstructed except in conformity with
the provisions of this Ordinance.

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6. That no such non-conforming use may be changed to another non-
conforming use.

7. That no such non-conforming use maybe moved to displace any


conforming use.

8. That no such non-conforming structure may be enlarged or altered in a


way which increases its non-conformity, but any structure or portion
thereof may be altered to decrease its non-conformity.

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 46. Responsibility for Administration and Enforcement. This


Ordinance shall be enforced and administered by the City Planning and
Development Coordinator who shall be appointed by the Mayor, pursuant to
the provisions of the LGC.

Section 47. Qualification of the Zoning Administrator. The Zoning


Administrator shall be a reputable person of good moral character and shall
possess specialized knowledge, training and/or experience in the field of
physical planning and zoning for at least five years, provided, however, that
no elective official shall be appointed.

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.

2. Monitor on-going or existing projects within their respective jurisdictions


and issue notices of violation and show cause order to owners, developers
or managers of projects who may have violate the Zoning Ordinance and
refer the same to the Sangguniang Panlungsod.

3. Coordinate the enforcement of the form and substance of this Zoning


Ordinance with the Philippine National Police particularly on actions that
need the assistance of the police.

4. Coordinate all legal issues relative to the enforcement of this Ordinance


with the City Attorneys office.

5. Coordinate the proposed amendments to this Zoning Ordinance with the


Regional Land Use Committee.

6. Coordinate relevant issues relative to the implementation of this Ordinance


with appropriate public and private entities.

Section 49. Complaints and Oppositions. A complaint for violation of any


provision of the Zoning Ordinance or of any clearance or permits issued
pursuant thereto shall be filed with the Local Zoning Board of Appeals (LZBA).

However, oppositions to application for clearance, variance or exception shall


be treated as a complaint and dealt with in accordance with the provision of
this section.

Section 50. Functions and Responsibilities of the Local Zoning Board of


Appeals. There is hereby created a LZBA which shall perform the following
functions and responsibilities:

1. Act on applications of the following nature:


1.a. Variances
1.b. Exceptions
1.c. Non-Conforming Uses
1.d. Complaints and Opposition to Applications

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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:

1. City Mayor as Chairman

2. City Legal Officer

3. City Assessor

4. City Engineer

5. City Planning and Development Coordinator (if other than the Zoning
Officer)

6. Two representatives from the private sector or non-government


organizations, nominated by their respective organizations and confirmed
by the city mayor. They shall serve for a term of two years or at the
discretion of the Chairman. The Sangguniang Panlungsod shall determine
their remuneration.

To fill vacancies in the Board, the Sangguniang Panlungsod can nominate


its members to meet the total number of board members required under
this Section. For purposes of policy coordination, said committee shall be
attached to the City Development Council.

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:

1. Change in local development plans

2. Introduction of projects of national significance

3. Petitions for re-zoning

4. Other reasons that are appropriate for consideration

Section 54. Composition of the Local Zoning Review Committee (LZRC).


The Local Zoning and Review Committee shall be composed of the following:

1. Zoning Administrator as Head

2. Representative from the Sangguniang Panlungsod (which they will elect


among themselves)

3. Representative from the HLURB

4. Representative from the City Development Council

5. Private Sector Representative (to be appointed by the City Mayor)

Section 55. Functions of the Local Zoning Review Committee. The


Committee shall have the following powers and functions:

1. Review the Zoning Ordinance for the following purposes:


1.a. Determine amendments or revisions necessary in the Zoning
Ordinance arising from changes that might have been introduced in
the Comprehensive Land Use Plan.
1.b. Determine changes to be introduced in the Comprehensive Land Use
Plan in the light of permits given, and exceptions and variances
granted.
1.c. Identify provisions of the Ordinance that are difficult to enforce or are
unworkable.

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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.

3. Provide information to the HLURB that would be useful in the exercise of


its functions.

Section 56. Creation of a Zoning Development and Enforcement Trust Fund.


A Zoning Development and Enforcement Trust Fund shall be created.
All collections from penalties/fines on violation of any sections and provisions
of this Ordinance shall accrue to the trust fund of the Angeles City
government. The City Accountant shall keep and maintain a special account
and all records record related to.

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.

Section 57. Actions on Complaints and Oppositions. A complaint for


violations of any provisions of the Zoning Ordinance or permits issued
pursuant thereto shall be filed with the zoning administrator. However,
oppositions to applications for clearances, variances or exceptions shall be
treated as complaints and dealt with in accordance with the provisions of this
Section.

Section 58. Amendments to the Zoning Ordinance. Changes in the Zoning


Ordinance shall be treated as an amendment, provided that any amendment
to the Zoning Ordinance or provisions thereof shall be subject to review and
evaluation of the zoning administrator and shall be carried out through a
resolution of 3/4 votes of the Sangguniang Panlungsod.

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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 62. Business Permits and/or Licenses. As a suppletory provision to


the existing Amended Tax of the City, no business/mayors permit and/or
licenses of any kind shall be granted or issued in favor of any establishment if
such establishment is located in non-conforming areas or areas where such
business or establishment is not allowed under the provisions of this Zoning
Ordinance.

Section 63. Separability Clause. Should any section or provision of this


Ordinance be declared by the Courts to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be unconstitutional or invalid.

Section 64. Repealing Clause. All other Ordinances, rules or regulations in


conflict with the provisions of this Ordinance are hereby repealed; provided
that the rights that are vested upon the effectivity of this Ordinance shall not
be impaired.

Section 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

I hereby certify to the correctness of the foregoing Ordinance adopted by the


___th Sangguniang Panlungsod of the City of San Fernando, Pampanga during its
___thRegular Session held on ______ 2016.

AVELINA M. LACANILAO-LAGMAN
Secretary to the Sanggunian
ATTESTED TO BE DULY ADOPTED:

Hon. JAIME T. LAZATIN


Presiding Officer Pro-Tempore

APPROVED:

Hon. EDWIN D. SANTIAGO


City Mayor
________________
Date /lynnspord2012007

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Annex A Definition of Terms

1. Agricultural Zone - an area within the City intended for cultivation/fishing


and pastoral activities e.g., fish, farming, cultivation of crops, goat/cattle
raising, etc.

2. Agro-Industrial Zone - an area within the City intended primarily for


integrated farm operations and related product processing activities such
as plantation for bananas, pineapple, sugarcane, etc.

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.

4. Built-up Area - a contiguous grouping of ten or more structures.

5. Central Business District (CBD) - refer to areas designated principally for


trade, services and business purposes.

6. Certificate of NonConformance - a 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 said Ordinance.

7. Certificate of Non-Coverage - a document issued by the DENR certifying


that the proposed project or undertaking is not included in the
Environmental Impact Statement (EIS) system.

8. Cockpit - a pit or enclosure within a building or a portion thereof where


cockfights are held. Money betting maybe made or not.

9. Commercial Garage - a garage where motor vehicles are housed, cared


for, equipped, repaired or kept for remuneration, hire or sale.

10. Compatible Use - uses or land activities capable of existing together


harmoniously e.g., residential use and parks and playground.

11. Comprehensive Land Use Plan (CLUP) - a document embodying specific


proposals for guiding, regulating growth and/or development. The main

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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.

12. Conflicting Use - uses or land activities with contrasting characteristics


sited adjacent to each other e.g., residential units adjacent to industrial
plants.

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.

15. Environmental Compliance Certificate (ECC) - a document issued by DENR


certifying that the proposed project or undertaking will not cause
significant negative environmental impacts and the proponent has
complied with the requirements of the EIS system.

16. Environmentally Critical Areas - refers to those areas which are


environmentally sensitive and are listed in Presidential Proclamation 2146.

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

24. Hospital - an institution providing health services primarily for in-patient,


medical or physical care of the sick or injured, including as an integral part
of the institution related facilities such as laboratories, out-patient
department, training facilities and staff offices.

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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.

26. Locational Clearance - a clearance issued to a project that is allowed under


the provisions of this Zoning Ordinance as well as other standards, rules
and regulations on land use.

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.

29. Mitigating Device - a means to grant relief in complying with certain


provisions of the ordinance.

30. Non-Conforming Use - existing non-conforming uses or establishments in


an area allowed to operate despite of the non-conformity to the provisions
of the ordinance subject to the conditions stipulated in this Zoning
Ordinance.

31. Park and Recreation - an area designed for amusements and for the
maintenance of ecological balance of the community.

32. Planned Unit Development (PUD) - a land development scheme wherein


project site is comprehensively planned as an entity via unitary site plan
which permits flexibility in planning/design, building siting,
complementarity of building types and land uses, usable open spaces and
the preservation of significant natural land features.

33. Rezoning - a process of introducing amendments to or a change in the


text and maps of the Zoning Ordinance. It also includes amendment or
change in view of reclassification under section 20 of RA 7160.

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.

37. Variance - a special locational clearance which grants a property owner


relief from certain provisions of zoning ordinance where, because of the
particular, physical surrounding, shape or topographical conditions of the
property, compliance on height, area, setback, bulk and/or density would
result in a particular hardship upon the owner, as distinguished from a
mere inconvenience or a desire to make more-money.

38. Zone an area within the City for specific land use as defined by
manmade or natural boundaries.

39. Zoning Administrator/Zoning Officer - a city government employee


appointed by the Mayor and who is responsible for the implementation/
enforcement of the Zoning Ordinance in the commmunity.

40. Zoning Ordinance - a local legal measure that embodies regulations


affecting land use.

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