Beruflich Dokumente
Kultur Dokumente
2013-2023
PREPARED BY THE:
TABLE OF CONTENTS
Article Page
A. Residential Districts
A.1. R-1 Low Density Residential …………….……… 14
A.2. R-2 Medium Density Residential ……….……….. 14
A.3. R-3 High Density Residential …………….……… 15
B. Commercial Districts
B.1. C-1 Retail/Shop House Commercial …………….. 16
B.2. C-2 Wholesale and Storage Commercial ………… 18
B.3. C-3 Tourist Commercial …………………………. 18
E. Institutional Districts
E.1. IN-1 Institutional ………………………………… 19
E.2. IN-2 Cluster Development Area …………………. 22
F. Agricultural Districts
F.1. AG – Agricultural and Related Activities ………… 22
Section 20. Regulations in the R-3 High Density Residential District ….. 29
PRESENT:
ABSENT:
WHEREAS, a Zoning Ordinance is one such regulatory measure which is an important tool
for the implementation of the local CLUP.
ORDINANCE NO. 82
Series of 2013
ARTICLE I
Section 1. Authority. This Ordinance is enacted pursuant to the provisions of Republic Act
No. 7160, otherwise known as the Local Government Code of 1991, Republic Act No. 7279,
otherwise known as the Urban Development and Housing Act of 1992, and Republic Act No. 2264,
otherwise known as the Local Autonomy Act.
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Section 2. Jurisdiction. The regulatory provisions of this Ordinance shall be applicable to
the use of all the land, air, and water resources, public and private, in the City of Dumaguete. In the
absence of express provisions to the contrary, no regulatory provisions of this Ordinance shall be
construed to restrict any lawful use of land existing at the time of enactment of the said regulatory
provision.
2
Section 3. Purposes. This Ordinance is designed and enacted to:
a) Promote and protect the health, safety, peace, morals, comfort, convenience, and
general welfare of present and future inhabitants of Dumaguete City;
b) Guide, control, and regulate future development activities in accordance with the
Comprehensive Land Use Plan of Dumaguete City;
e) Protect and preserve valuable agricultural lands consistent with the need to promote
urban development;
g) Regulate the location of structures and lands adjacent to streets and thoroughfares in
such a manner as to eliminate the danger to public safety caused by undue interference
with existing or prospective traffic movements on such streets and thoroughfares;
h) Promote a mix of land uses which are desirable and acceptable to reduce the
possibility of detrimental and disruptive land use conflicts;
i) Regulate the percentage of impervious surfaces (buildings, asphalt, cement, roads,
etc.) that can be allowed on lots in order to increase groundwater supplies, reduce
drainage problems, the heat generated by such surfaces which increases temperatures
1
Taken from the 2001 Zoning Ordinance of Dumaguete City.
2
Taken from the 2001 Zoning Ordinance.
3
and energy consumption, and preserve the opportunity to landscape areas or cultivate
areas for food production.
3
Section 4. Definition of Zoning. Zoning is the division of the city into different districts
according to present and potential use of property for the purpose of controlling and directing the use
and development of such property. Zoning is a tool to implement an officially adopted
Comprehensive Land Use Plan.
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Section 5. Nature of Zoning. To regulate land uses by prescribing how parcels of land may
be utilized by:
3
Taken from the 2001 Zoning Ordinance.
4
Taken from the 2001 Zoning Ordinance.
6
Taken from the 2001 Zoning Ordinance.
4
7
Section 8. Interpretation. For the purposes of this Ordinance, certain terms and words used
herein shall be interpreted as follows:
a) Words used in the present tense also include the future tense;
b) Singular forms include the plural;
c) The word “person” shall include both natural and juridical persons;
d) The word "lot" includes the words "plot" or "parcel";
e) The word "shall" is always mandatory;
f) The word "may" is always discretionary;
g) The words "used" or "occupied" as applied to any land or buildings, shall be construed
to include the words "intended", "arranged", or "designed", to be used or occupied.
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Section 9. Compliance. The fact that a land use development proposal complies with all the
specific requirements and purposes set forth herein shall not be deemed to create a presumption that
the proposed development would carry out the purposes of this Ordinance or a subsection thereof.
Compliance of a proposal with this Ordinance in itself shall not be construed as being compatible
with existing development when other conditions dictate that the proposal is detrimental to the general
welfare of the people of Dumaguete.
ARTICLE II
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DEFINITION OF WORDS AND PHRASES
For the purposes of this Ordinance, each of the following words and phrases shall be taken in
the sense herein below indicated.
Accessory Use: A use incidental and subordinate to the principal use of the building or land.
Agricultural Zone: A division of an area designed for cultivation of crops, fishing, and pastoral
activities.
Animal Stockyard: Usually an open, fenced area with buildings where livestock are quartered, fed,
and cared to increase in weight before slaughter.
Apartment House: Any building containing three (3) or more independent units, regularly rented or
leased on a more or less permanent basis, and offering basic services to its tenants furnished
in common.
Boarding House: A household with five (5) or more sleeping rooms where boarders are provided
with lodging and meals for a fixed sum paid by the month, week, or in accordance with other
previous arrangements.
Botanical Garden: A tract of land used for the culture and study of plants, collected or grown for
scientific and display purposes.
7
Taken from the 2001 Zoning Ordinance.
8
Taken from the 2001 Zoning Ordinance.
9
Taken from the 2001 Zoning Ordinance.
5
Buildable Area: The remaining space in a lot after deducting the required minimum open spaces.
Building: A structure, designed to stand more or less permanently, covering a space of land, usually
roofed and more or less enclosed by walls and supported by columns, and serving as a
dwelling, store, factory, shelter for animals, or other uses.
Building, Accessory: A building subordinate to the main building and located on the lot, the use of
which is incidental to the use and enjoyment of the main building, such as servant's quarters,
garage, and similar uses.
Building Height: The vertical distance from the established grade elevation to the highest point of
the roof. In case of sloping ground, the average ground level of the buildable area shall be
considered its established grade elevation.
Building Line: The line formed by the intersection of the outer surface of the enclosing wall of the
building and the surface of the ground.
Building, Main: The building on a lot within which the principal living, economic, or other activity
is conducted.
Bus Terminal: A station where public utility buses regularly discharge and receive passengers and
cargoes outside of any street.
Clinics: An establishment manned by a physician usually practicing general medicine with or without
nurses, attendants, laboratory technicians, and the like, and with or without beds, where
patients can be admitted for consultation and treatment.
Cluster Development Area: An area designed to serve as a focus for barangay and/or community
life by incorporating any combination of the following uses:
a) An elementary school;
b) Barangay/community meeting hall;
c) Recreation Center;
d) Park/open space;
e) Agricultural information office;
f) Demonstration and/or barangay gardens;
g) Recycling center;
h) A public market;
i) A parking area for pedicabs and jeepneys;
j) A cottage industry training center;
k) A barangay health center;
l) City hall;
m) Day Care Center;
n) Playground;
o) Public offices;
p) Other compatible uses.
Some objectives of this type of development are: To provide basic, everyday needs
and services nearer to the place of residence to minimize energy cost, time costs, and
dependency upon transportation; promote the revitalization of barangay identity and social
life; and relieve congestion in the poblacion through decentralization of essential services and
needs.
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Conforming Use: A use, which is in conformity with the zone classification as provided for in the
Ordinance.
Day and Night Club: A day and night club shall include any establishment frequented by persons,
in the day or at night, where food and wines and drinks are served and music furnished and
patrons allowed to dance with their partners.
Dormitory: A building where many persons are provided with board or lodging facilities in common
halls for a compensation.
Dwelling or Dwelling Unit: A separate and independent place or above intended or adopted for
habitation (e.g., house, apartment, duplex, condominium).
Dwelling, One-household, Detached: A one (1) household structure having two (2) side yards (not
attached to another dwelling).
Dwelling, One-household, Semi-Detached: A one (1) household structure having one (1) party wall
and one (1) side yard.
Dwelling, Multi-Household: A building used as the home or residence of three (3) or more
households living independently from one another, each occupying one (1) or more rooms as
a single housekeeping unit.
Dwelling, Two-household, Detached: A structure divided into two (2) separate and independent
living quarters by a wall extending from the floor to beyond the roof and provided with two
(2) side yards. Each portion provides complete living facilities for each household. This
structure is also known as a Duplex.
Dwelling, Two-household, Semi-Detached: A two (2) household dwelling as defined above except
that it is provided with one (1) side yard.
Easement: An encumbrance imposed upon an immovable for the benefit of a community or for the
benefit of another immovable belonging to a different owner.
Fence: Any structural device forming a physical barrier by means of a hedge, wood, mesh, metal,
brick, block, stake or similar materials, with a maximum height of 2.4 meters.
Floor Area to Buildable Area (F.A.R.) ratios will be used to encourage the provision of:
a) Off-street parking areas on-site to improve traffic flow and reduce traffic safety hazards;
b) Loading/unloading areas on-site to improve traffic flow and reduce traffic safety hazards;
c) A reduction in the percentage of impervious surfaces on the lot to improve on-site drainage
of water to aid in the replenishment of groundwater supplies and reduce the cost of expensive drainage
system;
d) A reduction in the percentage of impervious surfaces on the lot to reduce the energy costs
associated with the heat retaining and glare characteristics of such surfaces;
e) A reduction in the potential fire hazard characteristics usually associated with buildings that
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are constructed next to one another, which could reduce fire insurance costs, construction costs, and
the cost of fire services borne by all taxpayers in Dumaguete City;
f) More flexibility in the design and siting of buildings, which could further enhance the
overall beauty of the City;
g) Areas for the possible development of landscaping, which could reduce heat, reduce energy
costs, improve the overall beauty of the City, improve the overall beauty of the lot, and possibly
improve the tax base, especially in commercial areas, as people would be willing to spend more time
and money in these areas.
Filling Station: A retail station servicing automobiles and other motor vehicles with fuel and oil only.
Fire Wall: Any wall designed to resist the spread of fire, either a part of or detached from a building,
not less than 2.4 meters (8.0 feet) in height and no more than 1.5 meters above the eaves of
the building.
Garage, Commercial: A garage where motor vehicles are housed, maintained, equipped, repaired,
or kept for remuneration or sale.
Garage, Private: A building or structure where cars and other vehicles used by the members of the
household residing within the dwelling are housed and maintained.
Guard House: An accessory building or a structure used by a security guard while on duty.
Hospital: An institution providing health services, primarily for in-patients, and medical or physical
care of the sick or injured, including as an integral part of the institution, such related facilities
as laboratories, out-patient departments, training facilities and staff offices.
Hotel: A building and its premises where persons may regularly be received, or lodged, as transients
or guests, and provided with accommodations, services, and/or meals for a fee.
Household: A single person or group of people who sleep in the same dwelling unit and have
common arrangements for the preparation and consumption of food. These people may
constitute a nuclear or extended family, or may not be related to one another. This term
includes necessary servants.
Industry: As established by the NEDA Inter-Agency Task Force on Industrial Statistics, through its
Sub-Committee on Manufacturing, the following will be used to determine the scale of
industry:
SCALE ASSETS
Land Use Development Activity: An activity intended to be undertaken within the City of
Dumaguete which would:
c) Require the granting of a permit by the City Government of Dumaguete when such
an activity would be governed by the provisions of this or any other pertinent
regulation related to land use.
Lodging House: A building or part thereof containing sleeping rooms where lodging is provided for
a fixed compensation in accordance with previous arrangements.
Lot: A parcel of land on which a principal building and its accessories are situated or may be situated,
together with the required open spaces.
Lot Area per Dwelling Unit: Portion or area of lot allocation for one (1) dwelling unit.
Lot, Depth: The average horizontal distance between the front line and the rear lot line of a lot
measured within the lot boundaries.
Lot, Width: The average horizontal distance between the side lot lines.
Mitigating Devices: A means to grant relief in complying with certain provisions of the Ordinance.
Motel: Any structure with separate units, primarily located along the highway or close to a highway,
where motorists may obtain lodging with parking space and, in some instances, meals.
Non-Conforming Use: A legal use of a structure or tract of land in existence at the date of adoption
of this Ordinance, which does not conform to the use regulations of the Ordinance, or such
use in existence at the date of adoption of amendments to the Ordinance which does not
conform to the use regulations of the Ordinance as amended.
Nursery/Day Care Center: A place where children are temporarily cared for and trained in the
absence of parents.
Nursing or Convalescence Home: A building with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire.
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Park: A pleasure ground set for recreation of the public, to promote its health, enjoyment, and
enlightenment.
Parking Building: A building of several floors used for temporary parking of motor vehicles on
various floors and may be provided with services allowed for service stations.
Parking Lot: An off-street open area, the principal use of which is for the parking of motor vehicles
by the public, whether for compensation or not, or as accommodation to clients or customers.
Parking Space: An accessible and usable space within the buildable area of the lot at least 2.5 meters
by 5.0 meters for the parking of motor vehicles.
Party or Common Wall: A wall separating two (2) or more buildings, and used in common by the
said buildings.
Private Pet House: A building or structure for the keeping of domestic pets, for the enjoyment or
protection of the members of the household residing within the dwelling unit.
Professional Office: The office of a person engaged in any occupation, vocation or calling, not purely
commercial, mechanical, or agricultural, in which a professed knowledge or skill in some
department of science or learning is used by its application to the affairs of others, either
advising or guiding them in serving their interest or welfare through the practice of an act
founded therein.
Recreational Center: A place, compound, or building, or a portion thereof, open to the public for
recreational and entertainment purposes.
Residential Condominium: A building containing, at least five (5) units, intended for independent
residential use or ownership, including one or more rooms or spaces located and appended
thereto. Each unit owner has exclusive ownership and possession of his condominium.
Restaurants/Other Eateries: A retail establishment primarily engaged in the sale of prepared food
and drinks for consumption on the premises.
Row House: A building composed of a row of dwelling units entirely separated from one another by
party walls and with an independent entrance for each building unit.
Sari-sari Store: A retail establishment wherein dry goods, food and beverages for basic household
needs can be purchased.
Servant's Quarters: A room within the dwelling, or in an accessory building, where servants, maids,
or helpers of the household are housed.
Service Station: A building and its premises where gasoline, oil, grease, batteries, tires and car
accessories may be supplied and dispensed at retail and where, in addition, the following
services may be rendered and sales made and no other:
a) Sale and servicing of spark plugs, batteries, and distributor parts;
b) Tire servicing and repair, but not recapping or regrooving;
c) Replacement of mufflers and tail-pipes, water hoses, fan belts, brake fluid, light bulbs,
fuses, seat covers, windshield wipers and wiper blades, grease retainers, wheel,
bearing, mirrors, and the like;
d) Radiator cleaning and flushing;
e) Washing and polishing, and sale of automotive and polishing materials;
f) Greasing and lubrication;
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Uses permissible at a filling station do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles not in operating conditions, or
other works involving noise, glare, fumes, smoke or other characteristics to any extent greater than
normally found in a service station which is not a repair garage nor a body shop.
Setback: The open space left between the building and the lot lines.
Shopping Center: A group of not less than fifteen (15) contiguous retail stores, originally planned
and developed as a single unit, with immediate adjoining off-street parking facilities and
additional design components.
Shop House: A building which contains certain retail establishments on the first or ground floor and
one or more floors of dwelling units above, to be used for residential purposes.
Shoreline: The line reached by the highest equinoctial tide. When the tide line is not appreciable,
the boundary line shall extend to the limit reached by the seawater during ordinary tempests
and storms.
Stable: Any structure designed and intended for the enclosure, shelter, or protection of any horses,
carabaos or other animals.
Stable, Commercial: A stable wherein the animals are kept for business, raising or breeding
purposes.
Standard Lot: For the purposes of this Ordinance, a standard lot is a lot, which meets or exceeds the
lot area regulations for the zone in which it lies.
Store: A building or structure devoted exclusively to the retail sale of a commodity or commodities.
Storeroom: That part of a building wherein goods are stored on a limited volume.
Storey: The portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost storey shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling above. If the
floor level directly above the finished ground level is more than two (2) meters above such
ground level, such portion of the building shall be considered a storey.
Substandard Lot: For the purpose of this Ordinance, a substandard lot is one which does not meet
the lot area regulations for the zone in which it lies. Any lot of record existing before the
adoption of this Ordinance that is classified as substandard shall be subject to any special
provisions as provided in the applicable zoning district regulation.
Theatre: A structure used for dramatic, operatic, motion picture and other performances for
admission to which entrance money is received, and no audience participation and meal
services are allowed.
Tourist Inn or Pension House: Any building or structure regularly catering to tourists and travelers,
containing several independent rooms, possibly providing facilities such as toilets, bathrooms,
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living and dining rooms and kitchens, and where a combination of board and lodging may be
provided.
Variance: A device which grants a property owner a relief from certain provisions of a Zoning
Ordinance where, because of the particular physical surroundings, 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.
Warehouse: Any building where goods, wares, merchandise, utilities, or other personal belongings
are received and stored.
Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and
unobstructed by any portion of a structure from the ground upward.
In accordance with the rules and regulations of the National Building Code, the provisions
of the Local Zoning Ordinance regarding yard requirements will prevail over that of the
National Building Code.
Yard, Front: The yard lying between the side lot lines and between the front lot line and the nearest
building line, measured parallel from the front lot line.
Yard, Rear: The yard lying between the side lot lines, and between the real lot line and the nearest
building line, measured parallel from the rear lot line.
Yard, Side: The yard lying between the side lot line and the nearest building line and between the
front yard and the rear yard, or between the front and rear lot lines in the absence of the front
and the rear yards, measured parallel from the side lot line.
Zoning District: A defined area of jurisdiction which designates permitted uses, the lot sizes and
yards required, the permitted heights, and other criteria.
Zoning Ordinance: A local legal measure which embodies regulations affecting land use.
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ARTICLE III
10
ZONING CLASSIFICATIONS
Section 10. Division into Districts. To effectively carry out the provisions and purposes of
this Ordinance, the City hereby is divided into the following zoning classification scheme:
A. Residential Districts
A.1. R-1 Low Density Residential (20-40 dwelling units per hectare)
A.2. R-2 Medium Density Residential (41-70 dwelling units per hectare)
A.3. R-3 High Density Residential (71- up dwelling units per hectare)
B. Commercial Districts
E. Institutional Districts
F. Agricultural Districts
G.1. OS - Open space for Public Protection, Resource Conservation, and Public
Enjoyment.
Section 11. Zoning Map. The designation, location, and boundaries of the districts herein
established is shown on the Zoning Map of Dumaguete City and hereby adopted as an integral part
of the text of this Ordinance. (See page 13).
Section 12. Zones/District Boundaries. The locations and boundaries of the above
mentioned various zones/districts into which the City has been divided are hereby identified and
specified as follows:
10
Taken from the 2001 Zoning Ordinance.
13
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A. RESIDENTIAL DISTRICTS
Block 21a - Area bounded on the North by Mojon creek and the
municipal boundary of Sibulan; on the West by commercial zone along Gov. Larena
Drive; on the South along Commercial Strip by L. Rovira West Drive; and on the East
by a commercial zone along the Veterans Avenue.
B. COMMERCIAL DISTRICTS
(Sto. Rosario Road); and on the South by the Jose Romero Sr. Street (Dumaguete-
Valencia Road.)
6. Gov. Larena Drive (from junction Dr. V. Locsin Street and Miciano
Road to Dumaguete-Sibulan boundary) within a depth of one hundred (100) meters
on both sides;
.
14. L. Rovira Road starting from Tourism commercial zone along
Dumaguete Bay to junction Gov. Larena Drive except Institutional Zoning Districts
in the City within a depth of fifty (50) meters on both sides.
15. San Jose Extension Road from junction of Mayor Jose Pro Teves
Street (Cervantes St.) to the junction of Diego de la Viña Street. with a depth of fifty
(50) meters both sides except West City Elementary School.
16. Diego de la Viña Street from junction San Jose Extension Road to
junction E.J. Blanco Road, within a depth of fifty (50) meters on both sides.
on the West by residential zone, Block 2 (approximately one hundred (100) meters
from the shoreline westward). Area includes El Oriente Beach Resort.
E. INSTITUTIONAL DISTRICTS
F. AGRICULTURAL DISTRICTS
Density Residential) District and areas, except Block 35 classified as an SMI District,
identified as housing projects (Scandinavian, Maria Consuelo Perdices Habitat, El
Pueblo, Casa Alicia, Yoldi Apts., Camella Homes, Gawad Kalinga, Habitat Candau-
ay Village and Mother Rita I and II) which are also classified as R-1 (Low Density
Residential) District and Cluster Development Area as shown in the Land Use Map,
Block 54 and Block 77, an institutional zone and areas along the Dumaguete
Diversion Road within a depth of two hundred (200) meters on both sides which are
classified as C-1 District.
Section 13. Interpretation of Boundary Lines. In the interpretation of district boundary lines
provided for in this Ordinance, the following rules shall be followed:
a) Where a district boundary line is defined to be upon a street or alley, the boundary line shall
be construed as following the said street or alley;
d) In the case of unsubdivided property, the district boundary lines, as described or defined in
this Ordinance, shall be determined by the Zoning Officer based on scaled distance on the Zoning
Map;
e) Where the boundary of a district follows an arroyo, stream, river, or other bodies of water,
said boundary line shall be deemed to extend to the limit of the jurisdictional boundary unless
otherwise indicated. Boundaries indicated as approximately following the centerlines of arroyos,
streams, rivers, or other bodies of water shall be construed to follow such centerlines. Boundaries
indicated on the Zoning Map shall be determined by the scale of the Map;
g) Should there be an uncertainty as to exact location of a district boundary line, such location
shall be determined by the Zoning Officer, the City Coordinator, and the City Engineer.
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Section 14. Easements, Streets, and other Public Lands Not Included in any District.
Should an easement of right-of-way constituted on a piece of land cease to exist, or should a street or
other public land, or any portion thereof, revert to private ownership and the same does not appear on
the Zoning Map as included in any district, the regulations provided for in this Ordinance which are
applicable to the district immediately adjacent to it, or the regulations applicable to the most restricted
district, should there be more than one district adjacent thereto, shall be applicable to such land or
`portion thereof.
Section 15. District Boundary Line Dividing a Lot. Where a district boundary line divides
a lot of single ownership of record at the time such dividing line is adopted, except when said
boundary line divides through a lot and the line is parallel to the street frontages of the lot, each part
of the lot so divided shall be governed by the regulations applicable to the district where it lies.
Section 16. Yard Requirements along District Boundary Line In a Less Restricted
District. Along any district boundary line, any side yard or rear yard abutting on a lot adjoining such
boundary line in the less restricted district shall have a minimum width and depth equal to the
minimum width for such yards in the more restricted district.
Section 17. Application of District Regulations. The regulations of this Ordinance, and of
each zoning district, unless otherwise provided, shall apply uniformly to each class or kind of
structures or land as follows:
c) No part of a yard, off-street parking space, loading/unloading area, or other open areas
required of one building shall be included as part of a yard, open space, off-street parking,
loading/unloading area, or other open area required of any other building on the lot;
d) Lots not of record at the time of the adoption of this Ordinance shall meet all regulations
set forth in the district in which it lies when developed.
ARTICLE IV
11
DISTRICT REGULATIONS
Section 18.1. Permitted Uses in the R-1 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
11
Taken from the 1977 Interim Zoning Ordinance.
26
1) Government buildings
2) Community centers
3) Health and puericulture centers, and clinics
4) Museums
5) Libraries
6) Police or fire stations
7) Parks
8) Plazas
9) Golf courses, tennis courts, badminton courts, soccer fields, basketball courts,
baseball diamonds, swimming pools, and similar uses;
10) Churches
1) Private garage
2) Home laundries
3) Pump houses
4) Private pet house
5) Servant’s Quarters
6) Guard House
7) Buildings for poultry, pigs, and the like, for household consumption only, of
not more than four (4) square meters in floor area, if space is available
8) Small power plants and other machineries customarily used in connection
with churches, schools, museums, parks, playgrounds, community centers,
golf courses and dwellings and their accessory buildings, provided that:
a) The use of the building for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants;
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d) One (1) parking space for every three (3) employees, with access, shall
be provided within the buildable area of the lot. The traffic generated
by a home occupation shall not exceed the volume normally expected
in a residential neighborhood;
Section 18.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public, or private, shall not exceed three (3) storeys.
Section 18.3 Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than two hundred (200) square meters. For a one (1) household
dwelling unit, the lot area per dwelling unit shall not be less than two hundred (200) square meters
and for two (2) household dwelling units the lot area per dwelling unit shall not be less than one
hundred sixty (160) square meters, or a total of three hundred twenty (320) square meters. In no case
shall a lot in this district have a front lot line less than twelve (12) meters in length. If a two (2)
household building is to be constructed, the minimum length of the front lot line shall be fifteen (15)
meters.
Section 18.4. Yard Area Regulations. All standard lots shall have the following:
a) A front yard of not less than three (3) meters, measured parallel to the front lot line;
b) Two (2) side yards, one (1) on each side of a building, of not less than two (2) meters,
measured parallel to the appropriate side lot line. Substandard lots are not required to
provide two (2) side yards; only one (1) side yard of not less than two (2) meters is
required;
c) A rear yard with a depth of not less than three (3) meters, measured parallel to the rear
lot line.
Section 18.5. Additional Regulations. All land use development activities proposed in this
district shall also conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code and
any other applicable regulation;
b) All dwelling units shall have wastewater discharge lines that connect to a septic tank,
City Sewerage System, or acceptable and sanitary wastewater disposal system;
c) All uses listed in Sec. 18.1, d and e, shall provide off-street parking space, with access,
within the buildable area of the lot at the rate of one (1) parking space per one hundred
(100) square meters of floor area;
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d) At least one (1) parking space shall be provided for every two (2) dwelling units within
the buildable area of the lot;
Section 19.1 Permitted Uses in the R-2 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
b) Apartment houses, with no more than ten (10) dwelling units provided for;
c) Residential Condominiums, with no more than ten (10) dwelling units provided for;
e) Dormitories;
h) Nurseries or Day Care Centers, provided that such use is considered as a home
occupation and regulated by the provisions of Sec. 18.1, j, of this Article;
i) Any use customarily incidental and subordinate to any of the above-enumerated uses.
Section 19.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public, or private, shall not exceed seven (7) storeys.
Section 19.3 Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than one hundred fifty (150) square meters. For more than one (1)
dwelling unit constructed, the lot area per unit shall not be less than one hundred twenty (120) square
meters, measured at grade level. In no case shall a lot in this district have a front lot line less than ten
(10) meters in length. If a two (2) household building is to be constructed, the minimum length of the
front lot line shall be twelve (12) meters.
Section 19.4. Yard Area Regulations. All standard lots shall have the following:
a) A front yard of not less than three (3) meters, measured parallel to the front lot line;
b) Two (2) side yards, one (1) on each side of a building, of not less than two (2) meters,
measured parallel to the appropriate side lot line. Substandard lots are not required to
provide two (2) side yards; only one (1) side yard of not less than two (2) meters is
required;
c) A rear yard with a depth of not less than two (2) meters, measured parallel to the rear
lot line.
Section 19.5. Additional Regulations. All land use development activities proposed in this
district shall also conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire
code and any other applicable regulation;
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b) All structures for predominantly human habitation shall have waste discharge
lines that connect to a septic tank, City Sewerage System, or acceptable and sanitary
wastewater disposal systems;
c) The aggregate sign area for the lot on which the development activity is
proposed shall not exceed nine-tenth (0.90) square meter in area;
d) That off-street parking space be provided within the buildable area of the lot
in the following manner:
1) One (1) parking space, with access, for every two (2) dwelling units;
or
2) One (1) parking space with access, for every one hundred (100) square
meters of floor area in the case of lodging or boarding houses, dormitories,
club houses, nursing or convalescence homes, and nurseries or day care
centers;
Section 20.1. Permitted Uses in the R-3 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
b) Apartment Houses;
c) Residential Condominiums;
d) Row Houses;
f) Dormitories;
g) Parks, plazas, tennis courts, badminton courts, basketball courts, baseball diamonds,
swimming pools, soccer fields, etc.;
j) Any use customarily incidental and subordinate to any of the above-enumerated uses.
Section 20.2. Building Height Regulations. Buildings or structures with eight (8) storeys
or more whether public, semi-public, or private are allowable in this zoning district.
Section 20.3. Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than one hundred fifty (150) square meters. For more than one (1)
dwelling unit constructed, the lot area per unit shall not be less than eighty (80) square meters,
measured at grade level. In no case shall a lot in this district have a front lot line less than ten (10)
meters in length.
Section 20.4. Yard Area Regulations. All standard lots shall have the following:
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a) A front yard of not less than two (2) meters, measured parallel to the front lot line;
b) Two (2) side yards, one (1) on each side of a building, not less than one (1) meter,
measured parallel to the appropriate side lot line. Substandard lots are required to
provide one (1) side yard of not less than one (1) meter;
c) A rear yard with a depth of not less than two (2) meters, measured parallel to the rear
lot line;
d) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street.
Section 20.5. Additional Regulations. All land use development activities proposed in this
district shall also conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) All structures for predominantly human habitation shall have wastewater discharge
lines that connect to a septic tank, City Sewerage System, or acceptable and sanitary
wastewater disposal system;
c) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed two and eight-tenth (2.8) square meters in area;
d) That off-street parking space be provided within the buildable area of the lot in the
following manner:
One (1) parking space, with access, for every one hundred (100) square meters of floor
area in the case of lodging or boarding houses, dormitories, club houses, nursing or
convalescence homes, and nurseries or day care centers;
Section 21.1. Permitted Uses in the C-1 District. The following shall be permitted in this
district, subject to the conditions herein enumerated:
a) Retail stores for dry goods, light hardwares, and electrical supplies;
b) Drugstores and clinics;
c) Hat, footwear, and clothing stores;
d) Sari-sari stores;
e) Flower shops;
f) Groceries and bakeries with electrical equipment not exceeding five (5) horsepower.
Should establishments use gas, firewood, or pugon, safety measures shall be certified
by the City Fire Chief. Bakeries using firewood shall not be allowed;
g) Restaurants, cafes, tea rooms, refreshment parlors, and other eating-places;
h) Beauty parlors, sauna baths, and massage clinics;
i) Millineries;
j) Shoe repair, watch repair, silver and goldsmith, barber, and similar shops;
k) Parks and playgrounds;
l) Parking lots and structures;
m) Filling stations, except within the Poblacion Barangays (Poblacion 1 to 8);
n) Service Stations, except within the Poblacion Barangays (Poblacion 1 to 8);
o) Bookstores and office supply shops;
p) Car accessory shops;
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q) Photography shops;
r) Markets, groceries, and supermarkets;
s) Moviehouses, theaters;
t) Pelota Courts and swimming pools;
u) Dancing, speech, driving and self-defense schools;
v) Bowling alleys;
w) Professional offices, banks, and similar uses;
x) Motels, hotels, and pension houses;
y) Bicycle and motorcycle shops;
z) Public markets, and bus terminals;
aa) Ticket offices;
bb) Printing shops;
cc) Copying shops;
dd) Private mail and telegraph services;
ee) Shopping centers;
ff) Day and night clubs;
gg) Accessory buildings and uses as appropriate;
hh) Storerooms and warehouses, only as may be necessary for the efficient conduct of the
business;
ii) Building and Construction materials supply store;
jj) Vulcanizing and recapping of tires;
kk) Lumberyard, except within Poblacion Barangays (Poblacion 1 to 8);
ll) Ironworks and furniture shops (manufacturing), except within Poblacion Barangays
(Poblacion 1 to 8);
mm) Internet Cafes
nn) Videoke bar
oo) Shop houses in combination with any of the above, provided such activities listed
above are limited to one (1) storey
pp) Condotels and
qq) Any other retail store that is compatible with the above listed uses in this district.
Section 21.2 Building Height Regulation. All building height within this district shall be
subject to the clearance from Civil Aviation Authority of the Philippines (CAAP).
Buildings in this zoning area containing more than three (3) storeys are required to install
elevators or escalators to serve the whole building from the ground floor.
Provided further, that for buildings beyond three (3) storeys, a parking area as defined in
Section 21.5 (d) of this Ordinance shall be required.
Provided finally, that there must be installed or set aside on buildings containing more than
three (3) storeys the following:
Section 21.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.
Section 21.4. Yard Area Regulations. Each lot shall have the following:
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a) A front yard of not less than five (5) meters, measured parallel to the front lot line;
b) A rear yard of not less than two (2) meters measured parallel to the rear lot line;
c) Corner lots shall have yard setbacks of five (5) meters, measured parallel to the
appropriate lot lines facing a street;
d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.
No indention or setback should be enclosed or fenced by the lot owners and if the setback is
elevated, the slope should be gradual to allow parking for motor vehicles. Furthermore, no
construction of any kind or description shall be allowed on the setback or indented portion, as said
area is exclusively for sidewalk and parking area for motor vehicles.
Section 21.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten (10%) percent of the facade of the first storey;
c) The setback or indention shall not be less than five (5) meters, of which shall serve as
a sidewalk of not more than one (1) meter nearest the building and the remaining as
the parking area. The existing building is exempted from this amendment except
repairs and renovation of the front portion of the building that are made of concrete
materials, and provided further, that this indention should not be enclosed or fenced
by the lot owners and if the setback is elevated, the slope should be gradual to allow
parking for motor vehicles and provided furthermore, that this will be subject to the
approval of the building officials.
d) For those buildings beyond three (3) storeys, off-street parking space shall be provided
within the buildable area of the lot in the following manner:
One (1) parking space, with access, for every one hundred (100) square meters
of floor area beyond the three (3) storeys. Fractions of parking spaces will be rounded
to the nearest whole number;
e) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1) large
truck, for delivery and loading/unloading activities shall be provided as determined by the
Building Official so that such activities do not in any way interfere with the traffic flow on
public roads;
f) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.
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Section 22. Regulations in the C-2 Wholesale and Storage Commercial District.
Section 22.1. Permitted Uses in the C-2 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
The aforementioned permitted uses may also be allowed in the additional designated areas of
the C-1 Zoning Districts.
Section 22.2 Building Height Regulation. All building height within this district shall be
subject to the clearance from Civil Aviation Authority of the Philippines (CAAP).
Buildings in this zoning area containing more than three (3) storeys are required to install
elevators to serve the whole building from the ground floor.
Provided further, that for buildings beyond three (3) storeys, a parking area as defined in
Section 22.5 (d) of this Ordinance shall be required.
Provided finally, that there must be installed or set aside on buildings containing more than
three (3) storeys the following:
Section 22.3. Lot Area Regulations. No lot developed in accordance with this zoning district
shall be less than two hundred (200) square meters. In no case shall a lot in this district have a front
lot line less than twelve (12) meters in length.
Section 22.4. Yard Area Regulations. Each lot shall have the following:
a) A front yard of not less than five (5) meters, measured parallel to the front lot line;
34
b) A rear yard of not less than two (2) meters measured parallel to the rear lot line;
c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street;
d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.
Section 22.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten (10%) percent of the facade of the first storey;
c) The setback or indention shall not be less than five (5) meters of which shall serve as
a sidewalk of not more than one (1) meter nearest the building and the remaining as the
parking area. The existing building is exempted from this amendment except repairs and
renovation of the front portion of the building that are made of concrete materials, and
provided further, that this indention should not be enclosed or fenced by the lot owners and if
the setback is elevated, the slope should be gradual to allow parking for motor vehicles and
provided furthermore, that this will be subject to the approval of the building officials.
d) For those buildings beyond three (3) storeys, off-street parking space shall be provided
within the buildable area of the lot in the following manner:
One (1) parking space, with access, for every one hundred (100) square meters
of floor area beyond the three (3) storeys. Fractions of parking spaces will be rounded
to the nearest whole number;
e) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.
Section 23.1. Permitted Uses in the C-3 District. The following shall be the permitted uses
in this district, subject to conditions herein enumerated:
a) Apartment houses;
b) Hotels;
c) Motels;
d) Club houses and lodges;
e) Restaurant, refreshment parlors, and other eateries;
f) Pension houses;
g) Parks, playgrounds, and plazas;
h) Pelota courts, swimming pools, tennis courts, badminton courts, and golf courses;
35
i) Resorts;
j) Day and night clubs;
k) Accessory buildings and uses as appropriate;
l) Any other establishment compatible with the above listed uses in this district.
Section 23.2 Building Height Regulation. All building height within this district shall be
subject to the clearance from Civil Aviation Authority of the Philippines (CAAP).
Buildings in this zoning area containing more than three (3) storeys are required to install
elevators to serve the whole building from the ground floor.
Provided further, that for buildings beyond three (3) storeys, a parking area as defined in
Section 23.5 (d) of this Ordinance shall be required.
Provided finally, that there must be installed or set aside on buildings containing more than
three (3) storeys the following:
Section 23.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than twelve (12) meters in length.
Section 23.4. Yard Area Regulations. All standard lots shall have the following:
a) A front yard of not less than three (3) meters, measured parallel to the front lot line;
b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;
c) Two (2) side yards, one (1) on each side of the building, which shall have a combined
width of not less than two (2) meters, measured parallel to the appropriate side lot line.
Substandard lots are not required to provide two (2) meters, measured parallel to the
appropriate side lot line. Substandard lots are not required to provide two (2) side
yards.
Section 23.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations;
a) All activities shall conform with existing building codes, sanitary code, fire code, and
any other applicable regulation;
b) That aggregate sign area for the lot on which the development activity is proposed
shall not exceed ten percent (10%) of the facade of the first storey;
c) The setback or indention shall not be less than five (5) meters, of which shall serve as
a sidewalk of not more than one (1) meter nearest the building and the remaining as
the parking area. The existing building is exempted from this amendment except
repairs and renovation of the front portion of the building that are made of concrete
materials, and provided further, that this indention should not be enclosed or fenced
by the lot owners and if the setback is elevated, the slope should be gradual to allow
parking for motor vehicles and provided furthermore, that this will be subject to the
approval of the building officials.
36
d) For those buildings beyond three (3) storeys, off-street parking space shall be provided
within the buildable area of the lot in the following manner:
One (1) parking space, with access, for every one hundred (100) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number;
e) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.
Section 24.1. Permitted Uses in the PA District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
Section 24.2 Building Height Regulation. All building height within this district shall be
subject to the clearance from Civil Aviation Authority of the Philippines (CAAP).
Section 24.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.
Section 24.4. Yard Area Regulations. Each lot shall have the following:
a) A front yard of not less than five (5) meters, measured parallel to the front lot line;
b) A rear yard of not less than two (2) meters measured parallel to the rear lot line;
c) Corner lots shall have yard setbacks of five (5) meters, measured parallel to the
appropriate lot lines facing a street;
d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.
No indention or setback should be enclosed or fenced by the lot owners and if the setback is
elevated, the slope should be gradual to allow parking for motor vehicles. Furthermore, no
construction of any kind or description shall be allowed on the setback or indented portion, as said
37
area is exclusively for sidewalk and parking area for motor vehicles.
Section 24.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) That aggregate sign area for the lot on which the development activity is proposed
shall not exceed ten percent (10%) of the facade of the first storey;
c) That off-street parking space be provided within the buildable area of the lot in the
following manner;
One (1) parking space, with access, for every two hundred (200) square meters of
floor area. Fractions of parking spaces will be rounded to the nearest whole number;
d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads.
Section 25. Regulations in the SMI Small and Medium Scale Industrial District.
Section 25.1. Permitted Uses in the SMI District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
Section 25.2 Building Height Regulation. All building height within this district shall be
subject to the clearance from Civil Aviation Authority of the Philippines (CAAP).
Section 25.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.
Section 25.4. Yard Area Regulation. Each lot shall have the following:
a) A front yard of not less than three (3) meters, measured parallel to the front lot line;
b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;
c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street;
d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.
Section 25.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) That aggregate sign area for the lot on which the development activity is proposed
shall not exceed ten percent (10%) of the facade of the first storey;
c) That off-street parking space be provided within the buildable area of the lot in the
following manner:
One (1) parking space, with access, for every two hundred (200) square meters of
floor area. Fractions of parking spaces will be rounded to the nearest whole number;
d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads;
e) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.
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Section 26.1. Permitted Uses in the IN-1 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
Section 26.2 Building Height Regulation. All building height within this district shall be
subject to the clearance from Civil Aviation Authority of the Philippines (CAAP).
Section 26.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than one hundred (100) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.
Section 26.4. Yard Area Regulation. Each lot shall have the following:
a) A front yard of not less than three (3) meters, measured parallel to the front lot line;
b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;
c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street;
d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.
Section 26.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
40
b) That aggregate sign area for the lot on which the development activities is proposed
shall not exceed ten percent (10%) of the facade of the first storey;
c) That off-street parking space be provided within the buildable area of the lot in the
following manner:
1) One (1) parking space, with access, for every one hundred (100) square meters
of floor area;
2) One (1) parking space, with access, for every two hundred (200) square meters
of lot area, in the case of parks, plazas, playgrounds, and similar uses;
d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads.
Section 27.1. Permitted Uses in the IN-2 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
1) Elementary schools;
2) Barangay or community meeting halls;
3) Recreation areas and facilities;
4) Parks/open space;
5) Agricultural information offices;
6) Demonstration barangay gardens;
7) Recycling centers;
8) Public markets;
9) Cottage industries training centers;
10) Barangay health centers or clinics;
11) Cemeteries and similar facilities;
12) Other uses that would be clearly compatible to the above uses.
Section 27.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public, or private, shall exceed a building height of thirteen and one-half (13.5)
meters and shall not contain more than three (3) storeys.
Section 27.3. Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than one (1) hectare in area. All land to be developed shall be
contiguous.
Section 27.4. Yard Area Regulation. Each lot shall have the following:
a) A front yard of not less than three (3) meters, measured parallel to the front lot line;
b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;
c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street.
41
Section 27.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) That aggregate sign area for the lot on which the development activities is proposed
shall not exceed ten percent (10%) of the facade of the first storey;
c) That off-street parking space be provided within the buildable area of the lot in the
following manner:
1) One (1) parking space, with access, for every one hundred (100) square meters
of floor area;
2) One (1) parking space, with access, for every two hundred (200) square meters
of lot area, in the case of parks, plazas, playgrounds, and similar uses;
d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads.
Section 28.1. Permitted Uses in the AG District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
a) Agricultural activities such as the cultivation and harvesting of farm produce and
coconuts, the raising and keeping of poultry, carabao, cattle, hogs, and other farm
animals, and similar activities;
e) Cockpits;
g) Recreational facilities which do not require structures other than club houses, storage
sheds, and similar structures;
h) Agriculturally-oriented home, cottage, and small and medium scale industries that are
not unreasonably harmful or offensive by reason of noise, vibration, smoke, cinders,
odors, gas, fumes, dust, or chemicals, or would be harmful or offensive because of
fire, explosion or similar dangers;
i) Junk yards, garbage disposal sites, sand and gravel extraction sites, coal and charcoal
yards, stockyards and slaughterhouses, and commercial and private stables, that are
not unreasonably harmful or offensive by reason of noise, vibration, smoke, cinders,
odors, gas, fumes, dust, or chemicals, or would be harmful or offensive because of
42
j) The residences of farmers, farm workers, and their immediate households. Residences
shall be clearly subordinate to the predominant use on the lot;
k) Residential dwelling units on lots of less than one-half (0.5) hectare, where the
intended predominant use is not agricultural in nature;
Section 28.2. Building Height Regulations. No building or structures in this zoning district
shall exceed a building height of twelve (12.0) meters and shall not contain more than two (2) storeys.
Section 28.3. Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than five hundred (500) square meters, except as provided in Section
29.1, k.
Section 28.4. Yard Area Regulations. Each lot shall have a front yard setback of not less
than five (5) meters for any structure intended to be constructed on the lot.
Section 28.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) That aggregate sign area for the lot on which the development activity is proposed
shall not exceed ten percent (10%) of the facade of the first storey;
c) That off-street parking space be provided within the buildable area of the lot in the
following manner:
One (1) parking space, with access, for every one hundred (100) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number.
Section 29.1. Permitted Uses in the OS District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:
a) Environmental research;
b) Small-scale forestry;
c) Vegetation management along natural waterways;
d) Cultivation of agricultural crops;
e) Outdoor recreation activities not requiring extensive space;
f) Eco-tourism activities
g) Accessory uses and buildings as appropriate. For the purposes of this district, any
structure or building is considered an accessory use.
Section 29.2. Building Height Regulations. No accessory building or structure in this zoning
district shall exceed a building height of five (5.0) meters and shall not contain more than one (1)
storey.
43
Section 29.3. Easement Regulations. Easement regulations shall apply to the following areas
in this district:
b) Lands bordering the Dumaguete Bay, as shown on the Land Use Map of Dumaguete
City.
An easement of three (3.0) meters from each bank of all natural waterways shall be
provided for public health, safety, and welfare as provided for in the Philippine Land
Surveyor's Manual, published by the Bureau of Lands of the Department of
Agriculture and Natural Resources, and Presidential Decree No. 1067, otherwise
known as the Water Code of the Philippines.
Section 29.4. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:
a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
b) That aggregate sign area for the lot on which the development activity is proposed
shall not exceed ten percent (10%) of the facade of the first storey;
c) That off-street parking space be provided within the buildable area of the lot in the
following manner:
One (1) parking space, with access, for every one hundred (100) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number.
Section 29.5. Permit System. A Special Permit shall be obtained from the Zoning
Administrator/Officer before an applicant can undertake any activities in this district. Realizing that
these areas are of special significance because of their present or potential recreational use, safety
problems, drainage problems, or the special nature of the agricultural crops grown, the Zoning
Administrator/Officer must make all of the following findings before issuance of a Special Permit:
b) The proposal will in no way cause harm to existing vegetation to the point where
erosion occurs;
c) The proposal will in no way create a situation where natural drainage is impaired or
obstructed;
Section 30.1. Existing Non-conforming Uses. The lawful use of any building, structure or
land at the time of the adoption of this Ordinance may be continued, although such use does not
conform to the regulations of this Ordinance provided:
b) That no such non-conforming use which has ceased for more than twelve (12) months,
or has been changed to a use permitted in the district in which it is located, shall again
be devoted to a non-conforming use;
Section 30.2. Existing Non-Conforming Buildings. All buildings existing at the time of the
passage of this Ordinance having yards or open spaces or lot area per household less than that required
by the provisions of this Ordinance, or covering a greater area of the lot than that allowed, or
exceeding the height limits herein provided for, may be structurally altered or repaired, provided that
such alteration or repair shall not be more than fifty percent (50%) of the assessed value of the City
Assessor’s Office of such buildings for the year in which the alteration or repair takes place; and
provided further, that no insufficient yard space shall be further reduced, nor the area covered by the
buildings or their height or the number of storeys they contain be further increased; Provided finally,
that permanent improvement shall not extend beyond the approved building line/setback requirements
in the Zoning Ordinance.
Section 30.3. Building Permits Issued Prior to the Approval of this Ordinance. Nothing
herein contained shall require any change in the plans, construction, size or designated use of any
building, structure or part thereof for which a building permit has been duly granted prior to the
enactment of this Ordinance, provided that the construction of such building, structure, or part thereof
shall have been started within six (6) months from the date of the issuance of such permit.
Section 30.4. Rear Dwelling. No building shall be allowed in any lot as a residence unless
such lot has an easement of right-of-way over a path sufficient to the needs of a dominant estate
leading to a street. Two or more such buildings, however, may be allowed, should there be a common
easement of right of way over a path of at least four (4) meters, wide provided therefor. In no case
shall rear dwellings and other structures exceed the buildable area regulations for the applicable
district.
Section 30.5. Accessory Buildings. In residential districts, all accessory buildings, except
garages, which may be built on the side yard, shall be located in the rear yard and shall not occupy
more than twenty-five percent (25%) of the combined area of the required rear yard and side yards.
In case of through lots, however, accessory buildings may be located in the side yards, but shall not
occupy more than forty percent (40%) of the combined required side yard areas. In no case shall
accessory buildings of more than three and one-half (3.5) meters high be allowed. In no case shall
accessory buildings and other buildings exceed the buildable area regulations for the applicable
district.
Section 30.6. Pedestrian Alleys. Pedestrian alleys of two (2) meters or less in width
exclusively used for pedestrian purposes and existing prior to the enactment of this Ordinance may
be considered as part of a required yard, provided that in the application of the provisions of this
section, only up to the center line of such alley may be considered as part of the yard for the buildings
on either side of said alleys.
Section 30.7. Private Alleys. Private alleys or paths covered by easement of right-of-way may
be considered as part of a required yard for those buildings only for which such private alleys or
easements are intended. Private alleys shall have a standard width of four (4) meters.
Section 30.8. Required Yard of One Building. No part of a required yard or other open
spaces provided for any principal building or structure may be included as part of a required yard or
other open spaces for another building or structure.
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Section 30.9. Exception to Height Regulations. In residential districts, the height limitations
provided in this Ordinance shall not apply to churches, schools, hospitals, sanitariums, and other
public or semi-public buildings. Neither shall the height limitations provided for in this Ordinance
apply to church spires, belfries, cupolas, and domes not intended for human occupancy; nor to
monuments, water towers, transmission towers, chimneys, radio towers, masts, aerial coding towers,
and other mechanical appurtenances.
Section 30.10. Exceptions to Yard Regulations. Every part of a required yard shall be open
from its lowest point to the sky and shall not be obstructed, except:
a) For the ordinary projections of sills, belt courses, cornices, and other architectural
features as well as fire escapes, provided that none of the above-enumerated structures
shall project more than one (1) meter at any point into the minimum yard, except
eaves, which can project 1.20 meters from the wall of the building;
b) For uncovered porches, terraces, steps, or stairs, which may project to within one (1)
meter from the lot line.
Section 30.12. Substandard Lots. Any substandard lot existing and of record at the time of
the adoption of this Ordinance may be developed (structural) only in accordance with the provisions
of the zoning district in which it lies and any other applicable regulation.
In no case shall a substandard lot not of record at the time of the adoption of this Ordinance
be developed (structural).
From the date of adoption of this amended Zoning Ordinance, owners or their representatives
shall be allowed to register any substandard lot with the Zoning Administrator/Officer and Assessor’s
Office of Dumaguete City.
Section 30.13. Interior Lots Setback. Structures along the road regardless of use shall follow
the requirements of the existing Zoning Ordinance of the district on the yard setbacks, and structures
in the interior lots may be allowed to follow the requirements based on the actual use of the land.
ARTICLE V
12
INNOVATIVE TECHNIQUES AND PROJECTS OF VITAL AND
NATIONAL OR REGIONAL ECONOMIC AND ENVIRONMENTAL SIGNIFICANCE
Section 31. Innovative Techniques and Designs. When it is impracticable to apply the
requirements of this Ordinance to certain development, the Zoning Administrator/Officer may on
grounds of innovative development techniques, grant a special development permit for the purpose,
provided the following conditions are complied with:
12
Taken from the HLURB model.
46
31.1. That the proposed land 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 as certified by the City Planning and Development Office;
31.2. Both preliminary and final development plans must be submitted to the locality for
review by the City Development Council;
31.3. The preliminary plan must generally set forth any existing or proposed arrangements
of lots, streets, access points, buffer strips, and rail, water, highway or other
transportation arrangements and the relationship of tract of land involved to
surrounding properties;
31.4. That the area subject of application is a consolidated parcel of land of at least two
hectares;
31.5. The final 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
wastes and traffic which may be produced by the development, or an Environmental
Impact Statement will be required and upon proper evaluation, the local City Planning
and Development Office may require an Environmental Compliance Certificate
(ECC) or the clearance from the Department of Environment and Natural Resources
(DENR) as they see fit.
Mining and Quarrying. Location and other consideration shall be governed by the Mining
Laws of the Philippines and other conditions as imposed by the Bureau of Mines and Geo-Sciences.
Nuclear, Radioactive, Chemical and Biological Research Centers. Location and other
considerations shall be subject to rules and regulations promulgated by the Housing and Land Use
Regulatory Board (HLURB/PAEC).
Ports and Harbors. Location of Ports and Harbors shall be subject to conditions prescribed
by the Philippine Ports Authority (PPA).
Power Generating Plant/Station. Location and other considerations shall be subject to the
conditions prescribed by the National Power Corporation.
Private Landing Strip, Airports, Heliports and Helipads. Locations and other
considerations shall be subject to rules and regulations prescribed by the Bureau of Air Transportation.
Public Market. Locations and other considerations shall be governed by the rules and
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regulations on Public Market promulgated by the Housing and Land Use Regulatory Board (HLRB)
and the Department of Environment and Natural Resources (DENR).
Reclamation Site. Location and other considerations shall be governed by the rules and
regulations promulgated by the Housing and Land Use Regulatory Board (HLURB), the Public Estate
Authority and the Department of Environment and Natural Resources (DENR).
Rice and Corn Mill (Multi-Pass). Location and other considerations shall be subject to rules
and regulations on Rice and Corn Mills as promulgated by the Housing and Land Use Regulatory
Board (HLURB).
Sawmill. Location and other considerations shall be subject to rules and regulations on
sawmill promulgated by the Housing and Land Use Regulatory Board (HLURB).
Slaughterhouse. Location and other considerations shall be governed by the rules and
regulations promulgated by the National Meat Inspection Commission (NMIC) and the Department
of Environment and Natural Resources (DENR).
Tourist Sites. Location and other considerations shall be subject to the rules and regulations
of the Philippine Tourism Authority.
Cemeteries. They shall be located outside of, within reasonable distance from residential
zones. A minimum distance of 50 meters between the nearest burial lot and any dwelling unit shall
be observed.
The basic reason for the segregation and identification of these uses is that they are not
automatically allowable in any identified zone. Each application must be evaluated on the basis of
their potential environmental impact and hazardous effects. In this regard an Environmental Impact
Statement will be required from the applicant and the Environmental Compliance Certificate (ECC)
or the Department of Environment and Natural Resources (DENR) clearance will be secured, if
applicable.
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ARTICLE VI
14
ENVIRONMENTAL MANAGEMENT
Section 33. Performance Standards. All land uses, developments or construction shall
conform to the following standards:
Noise and vibrations. All noise and vibrations producing machinery shall be enclosed by a
building and shall be provided with effective noise absorbing materials, noise silencers and mufflers,
an open yard of a distance of not less than twenty (20) meters to and from the street or adjoining
property lines and property planted to dense trees as buffers. To minimize vibrations, a 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 concerned to
reduce all noise and vibration to a reasonable minimum. Noise which is objectionable due to
intermittence, beat frequency or high pitch prone building as tested and approved by the city officials
concerned.
Smoke. Any smoke emitted from any source for a period aggregating seven (7) minutes in
any thirty (30) minutes particularly when starting a new fire, shall have a density not greater than no.
2 of the Ringlemann Chart.
Dust, Dirt, and Fly Ash. The emission of dust, dirt or fly ash from any source of activity
which shall 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 0.30 grams per cubic meter of flu gas at stack temperature of zero degrees
centigrade not to create a haze with opaqueness equivalent to or greater than no. 1 of the Ringlemann
Chart.
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 airtight buildings provided with air conditioning system, filters,
deodorizing and other air cleansing equipment.
Glare and Heat. Glare and heat from any operation or activity shall not be allowed to be
radiated, seen or felt from any point beyond the limits of the property.
The above setbacks/easement shall be subject for public uses such as for recreation,
navigation, floatage, fishing, salvage and other similar activities.
14
Taken from the HLURB model.
49
Section 36. Cultivation/Utilization of River Beds and Sand Bars. No riverbed or sand bars
shall be subject of cultivation or utilization except upon prior recommendation by the City Planning
and Development Office and upon the approval by the City Mayor. No permission shall be granted if
it obstructs the flow of water, or if it shall increase the flood levels so as to cause damage to other
areas.
2. Detailed description of the physical, biological, social environment within which the
development/construction will occur, and the probable direct, and induced impact of the proposed
action.
3. Detailed description of existing plans which will be affected by the proposed development
projects.
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.
6. Special emphasis on adverse effects, long term effects, resource commitment, cost benefit
analysis.
The City Planning and Development Office upon proper evaluation may require the proponent
to secure an Environmental Compliance Certificate (ECC) from the appropriate agency.
ARTICLE VII
15
MITIGATING DEVICES
Section 38. Existing Non-Conforming Uses and Buildings. The lawful use of any building,
structure or land at the time of the adoption or amendment of this Ordinance may be continued,
although such use does not conform with the provision of this Ordinance, provided:
38.1. That no such non-conforming uses shall be enlarged or increased 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 of land where such
non-conforming uses exists at the time of the adoption of this Ordinance.
38.2. That no such non-conforming use which has ceased for more than one (1) year has been
changed to a use permitted in the district in which it is located be again revived as a non-conforming
use.
15
Taken from the HLURB model.
50
38.4. That the local structural repair and alteration that may be made in a non-conforming
structure shall not, during its remaining lifetime, that is, subsequent to the adoption of this Ordinance,
exceed twenty five percent (25%) of its assessed value.
38.5. That such non-conforming use may be enlarged or extended only if the entire building
is thereafter devoted to conforming use.
38.6. That such non-conforming use may be enlarged or increased if moved to a place of
conforming use.
38.7. That no such non-conforming use shall be changed to another non-conforming use.
38.8. 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.
38.10. Should such structure be moved for any reason to any distance whatsoever, it shall
thereafter conform to the regulation of the district in which it is moved or relocated.
Failure to make such application within three (3) months shall be presumptive evidence that
the property had a non-conforming use at the time of the enactment or amendment of the Ordinance,
and shall be considered in violation thereof.
Section 40. Deviations. Exceptions and variances or deviations from the provisions of this
Ordinance may be allowed by the Zoning Administrator/Officer only when the following terms and
conditions are obtained:
40.1. Variances.
40.1.1 The property is unique and different from other properties in the
adjacent locality and because of its uniqueness, the owners cannot
obtain a reasonable return on the property.
40.1.5 The variance will not alter the essential 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 the
same district or zone.
40.1.6 The variance will not weaken the general purpose of the Ordinance
and will not adversely affect the public health, safety and welfare.
40.1.7 The variance will be in harmony with the spirit of this Ordinance.
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40.2. Exceptions
40.2.1 The exception will not adversely affect the public health, safety and
welfare and is keeping with the general pattern of development in the
community.
40.2.2 The exception will adversely affect the appropriate use of either
property in the same district.
40.2.3 The exception will not alter the essential character of the district where
the exception sought is located, and will be in harmony with the
general purpose of this Ordinance.
40.2.4 The exception will not weaken the general purpose of the regulation
established for the specific district.
Section 41. Temporary Use Permit. Temporary Use Permit shall be granted provided that:
41.1. The Temporary Use Permit shall be valid for one (1) year, but renewable
every year to a maximum of five (5) years, subject to terms and conditions
stipulated in the permit.
41.2. Upon expiration of the Temporary Use Permit, the project shall cease to
operate. Any expense for the transfer/relocation of such project to another site
shall be borne by the owner/operator.
41.3. Development for the intended use of the zone within 50-meter radius
from the project property line, is not evident at the time of the application of the
proponent or not programmed for the next five years.
Section 42. Exceptions and Variances Procedures for Granting The Same. The
procedures for the granting of an exception and/or variance is as follows:
42.1. A written application for an exception or variance is filed with the section
of this Ordinance under which the same is sought and stating the grounds
therefor.
42.3. A written notice of the public hearing shall be served on the applicant
and the owners of the properties adjacent to the property, which is the subject of
the application, at least fifteen (15) days prior to the scheduled public hearing.
Notice of such hearing shall also be posted on the property for which the
exception is sought, at the city hall, and in one other public place at least fifteen
(15) days prior to the said public hearing.
42.4. At the public hearing, any party may appear in person, or by an agent or
attorney.
42.5. At the hearing, all interested parties shall be afforded the opportunity to
be heard and based on the evidence and testimonies presented, the Sangguniang
Panlungsod shall decide on whether or not to grant exceptions or variances,
through a City Resolution granting the same.
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42.6. The Sangguniang Panlungsod shall render a decision within sixty (60)
days from the filing of the application, exclusive of the time spent for public
hearing.
ARTICLE VIII
16
ZONING ENFORCEMENT AND ADMINISTRATION
Section 43. Responsibility for Administration and Enforcement. This Ordinance shall be
enforced and administered by the Zoning Administrator/Officer, who shall be appointed by the City
Mayor.
a) He/She must be a resident of the community for at least ten (10) years;
Section 45. Powers and Duties. The Zoning Administrator/Officer shall administer and
enforce the provisions of this Ordinance. Specifically, he/she shall have the following powers and
duties:
b) To serve notice requiring the removal of any use in violation of this Ordinance upon
the owner, agent, or tenant of the building or land, or upon the architect, builder,
constructor or other persons who commit or assist in any such violation;
c) To call upon the City Fiscal to institute any necessary legal proceedings to enforce the
provisions of this Ordinance;
d) To call upon the law enforcement officers within Dumaguete City to assist in the
enforcement of this Ordinance;
f) To grant or deny, applications for the granting of exceptions in accordance with the
following criteria:
2) That the exception will not substantially or permanently injure the appropriate
use of adjacent conforming property in the same district;
16
Taken from the 1977 Interim Zoning Ordinance.
53
3) That the exception will not alter the essential character of the district where
the property, for which exception is sought, is located;
4) That the exception will not weaken the general purposes of the regulations
herein established for the specific district;
5) That the exception will be in harmony with the spirit and purposes of this
Ordinance;
6) That the exception will not adversely affect the public health, safety and
welfare;
g) To grant or deny, applications for the granting of a variance in accordance with the
following criteria:
1) That the property be unique and different from other property nearby;
2) That because of such uniqueness the owners cannot obtain a reasonable return
on the property;
5) That the variance will not result in a change of use for the district regulations
in which the lot has been designated;
6) That the variance will not substantially or permanently injure the appropriate
use of adjacent property in the same district;
7) That the variance will not alter the essential character of the district where the
property, for which variance is sought, is located;
8) That the variance will not weaken the general purposes of the Ordinance of
the regulations herein established for the specific district;
9) That the variance will be in harmony with the spirit of this Ordinance;
10) That the variance will not adversely affect the public health, safety and
welfare;
11) That the minimum front yard setback must conform with the Zoning district
requirement, and conform with the prevailing established permanent building
line within the area, in all Zoning districts;
h) Take any other lawful action authorized by this Ordinance to ensure compliance with
or prevent violation of these provisions.
Section 46. Certificate of Zoning Compliance. No building permit shall be issued unless a
Preliminary Certificate of Zoning Compliance has been obtained from the Zoning
Administrator/Officer. Such certificate shall show, among other things, that the proposed building or
part thereof, and the proposed use of the same, are in conformity with the provisions of this Ordinance;
and provided further, that no Certificate of Occupancy shall be issued unless the applicant obtains the
Final Certificate of Zoning Compliance from the Zoning Administrator/Officer upon completion of
the structure. The Zoning Administrator/Officer should issue the Final Certificate of Zoning
Compliance, subject to the review of the Building Official before a Certificate of Occupancy is issued.
The Zoning Administrator/Officer shall maintain a record of all Certificates of Zoning Compliance
and a copy shall be furnished upon the request of any interested person.
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Section 47. Board of Zoning Appeals. An administrative board known as the Board of
Zoning Appeals is hereby created, which shall consist of five (5) members to be appointed by the City
Mayor with the concurrence of the Sangguniang Panlungsod, one of which shall be the City Engineer,
who shall serve as the Chairman.
Members of the Board of Zoning Appeals, except the City Engineer (who serves at the request
of the City Mayor), may be removed from office for just cause after written charges have been filed
and public hearings held for the purpose. Vacancies shall be filled only for the unexpired terms of the
members affected. The majority vote of three (3) members shall be necessary to reverse any order,
decision, or determination of the Zoning Administrator/Officer.
Section 48. Procedure in the Board of Zoning Appeals. The Board of Zoning Appeals shall
adopt rules necessary for the conduct of its affairs. Meetings shall be held at the call of the Chairman
and at such other times as the Board of Zoning Appeals may determine. The Chairman, or in his
absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All
meetings shall be open to the public, and duly publicized.
The Board of Zoning Appeals shall keep minutes of its proceedings showing the vote of each
member upon questions raised and shall keep a record of its official actions, all of which shall
constitute a public record.
Section 49. Appeals. Any person aggrieved by the decision of the Zoning
Administrator/Officer regarding the interpretation, administration, or enforcement of this Ordinance
may appeal to the Board of Zoning Appeals. Such appeal shall be taken within sixty (60) days from
the receipt of the notice of the adoption or action taken by the Zoning Administrator/Officer,
specifying therein the grounds relied upon. The Zoning Administrator/Officer shall forthwith transmit
to the Board of Zoning Appeals all papers constituting the record upon which the action appealed
from was taken. The Board of Zoning Appeals shall fix the time and place for the hearing of the
appeal within sixty (60) days of such transmittal, give due notice to the parties, and decide the same
within sixty (60) days.
Section 50. Powers. The Board of Zoning Appeals shall have the powers to hear and decide
appealed cases:
b) Regarding the granting of variances and exceptions as provided for in this Ordinance.
Section 51. Procedure. The procedure for the granting of an exception and variance is as
follows:
b) The Zoning Administrator/Officer shall fix the time and place for the hearings within
sixty (60) days upon the receipt of an application from an aggrieved party.
c) A written notice of public hearing shall be served on the applicant and the owners of
the properties adjacent to the property which is the subject of the application at least
fifteen (15) days prior to the scheduled public hearing. Notice of such hearing shall be
publicized in the local media fifteen (15) days prior to the hearing. The exception or
variance is sought, posted at the City Hall, and in at least one other public place at
least fifteen (15) days prior to the said public hearing.
Section 52. Limitations on the Power and Authority of the Board of Zoning Appeals. The
Board of Zoning Appeals is a quasi-judicial body. As such, it shall have no power and authority to
amend, repeal or legislate a Zoning Ordinance. The territorial jurisdiction of the Board shall be limited
to Dumaguete City.
Section 53. Final Review Powers of the Executive Committee of the City Development
Council. Any person aggrieved by the decision of the Board of Zoning Appeals may appeal to the
Executive Committee of the City Development Council by filing with said body a written petition for
the review citing therein the grounds for appeal. The decision of the Executive Committee of the City
Development Council shall be final.
Section 54. Violation and Penalty. Any person who violates any of the provisions of this
Ordinance shall, upon violation, be punished by a fine of not less than Three Thousand (P3,000.00)
Pesos, but not more than Five Thousand Pesos (P5,000.00) or by imprisonment of not less than one
(1) month but not exceeding six (6) months, or both. In case of violation by a corporation, partnership,
or association, the officers thereof shall be held liable for such violation.
Section 55. Amendments. Any person may propose amendments, alterations, supplements,
or resolutions for repeal of any provisions of this Ordinance.
All proposed amendments shall be referred to the Executive Committee of the City
Development Council (CDC) for report and recommendations. A two-thirds (2/3's) vote by the
Executive Committee shall constitute a favorable recommendation.
If the recommendation is favorable, the proposed amendment shall become effective upon
resolution by a majority vote of all the members of the Sangguniang Panlungsod. However, if the
recommendation is unfavorable, it shall become effective only upon a resolution by a three-fourths
(3/4's) vote of the same.
Section 56. Separability Clause. If any provision or part of this Ordinance or application
thereof to any person or circumstance is held invalid, the remainder of this Ordinance, or the
application of such provision or part to other persons or circumstances shall not be affected thereby.
Section 57. Repealing Clause. All provisions of existing rules, ordinances, and regulations
inconsistent herewith are hereby repealed, amended, or modified accordingly.
Section 58. Effectivity Clause. This Ordinance shall take effect after approval of the
Sangguniang Panlalawigan.
UNANIMOUSLY ADOPTED.
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ATTESTED:
WOODROW S. MAQUILING
City Vice Mayor
Presiding Officer
MANUEL T. SAGARBARRIA
City Mayor