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REGULATORY FACTORS
ZONING CODES

WHAT IS
CODES?

ZONING

Zoning Codeis oriented toward how a

project fits into a community: it
regulates setbacks, types of uses,
height, parking requirements, design
(for some types of projects) and similar
concerns. The City is divided into zoning
districts and each zoning district will have its
own set of regulations. When a separate
Zoning Permit is required for a new
development, the City will generally require
that an application be accompanied by site
and building plans (including preliminary

Some common zoning district

Agricultural Districts
Residential Districts
Commercial Districts
Industrial Districts
Parks, Recreation and Open Space PR District
Public and Community Facilities District
Historic Landmark Combining District

BUILDING CODEis oriented toward

ensuring that structures are constructed to
an appropriate standard and are safe
for the uses intended. Application for most
Building Permits must be accompanied
by detailed construction drawings.
In addition to these codes, subdivision of
land is regulated under the Subdivision
Ordinance, and other codes may apply to
particular types of projects, including the
Fire Code.

What's the
Difference between
a Zoning Permit and
a Building Permit?

Most development is regulated under

two different codes: the Zoning Code
and the Building Code. Receiving a
Zoning Permit is generally the first
step in the development process,
followed by applying for and receiving
a Building Permit. For some projects,
zoning clearance is given as part of the
review of an application for a Building
Permit; in other instances, a separate
Zoning Permit is required prior to
application for a Building Permit.

Zoning ordinances and regulations

are laws setting limits on how you can
use your property. Cities, counties,
townships and other local governments
use zoning laws to guide development
and shape the community, usually
under an overall zoning plan.

A. PERMITTED USES
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1.0
2.0
3.0
4.0
5.0

BY VARIANCE
BY SPECIAL PERMIT
NON CONFORMING USES
BY EMINENT DOMAIN
ACCESSORY STRUCTURES

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1.0 BY VARIANCE

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PERMITTED
USESARTICLE IX
MODEL ZONING
ORDINANCE

SECTION 35.DEVIATION_ Exceptions, variances or

deviations from the provisions of this Ordinance may be
allowed by the Local Zoning Board of Adjustment and
Appeals (LZBAA) only when the following terms and
conditions are existing:

1. Variance
a. The property is unique and different
from other properties in the adjacent
locality and because of its uniqueness,
the owner/s cannot obtain a reasonable
return on the property.

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Variance
a special locational clearance which grants a
property owner relief from certain provisions of
Zoning Ordinance where, because of the
particular physical surrounding, shape or
topographical conditions of the property,
compliance with the height, area, setback, bulk
and/or density requirements would result in a
particular hardship upon the owner, as
distinguished from a mere inconvenience or a
desire to gain benefits or profits.

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THIS PROVISSION SHALL INCLUDE ATLEASE

FOLLOWING CONDITIONS:

* Conforming to the provisions of the Ordinance will cause undue hardship on the
part of the owner or occupant of the property due to physical conditions of the
property (topography, shape, etc.) which is not self created.
* The proposed variance is the minimum deviation necessary to permit
reasonable use of the property.
* The variance will not alter the physical character of the district or zone where
the property for which the variance sought is located, and will not substantially or
permanently injure the use of the other properties in the same district
or zone.
* That the variance will not weaken the general purpose of the Ordinance and will
not adversely affect the public
health, safety or welfare.
* The variance will be in harmony with the spirit of this Ordinance.

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EXAMPLE: TORRE DE MANILA

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2.0 SPECIAL USE PERMIT

ALSO KNOWN AS CONDITIONAL PERMIT

A special use permit (Conditional Use

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Permits)

authorizes land uses that are allowed and

encouraged by the ordinance and
declared harmonious with the applicable
zoning
district.
Similar to variances, conditional use permits allow
an otherwise non-permitted use of the property
that the zoning code does not include. Conditional
use permits are usually granted at a public hearing
before a political body, usually with the conclusion
that the new use of the property will be in the
public interest.

An example of a special use permit may be found in a church applying

for one to construct a church building in a residential neighborhood. Although
the church building is not a residential building, the zoning law may allow for
churches in the residential neighborhood if the local zoning authority may
review the impact on the neighborhood. This process grants discretion to the
local zoning authority to ensure that an acceptable land use does not disrupt
the zoning scheme because of its particular location

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1. Dumpsite and Sanitary Landfill

a. Shall be preferably lie on flat or gently rolling area that is not subject to
flooding.
b. Location shall not be closer than 200 meters from waterways or any water
surface resources, aquifer or ground
water reservoir and not be located within a watershed area. Likewise, it shall
not be located closer than 200
meters from any dwelling house or unit, commercial establishment, any
recreational area or institution.
c. Shall not be within any functional area of the city but must be accessible
from collection point through an all
weather road.
d. To minimize leachate and spread of vectors a dumpsite/landfill shall be
enclosed by a perimeter fence made of
durable materials.
e. General maintenance of the site shall be the sole responsibility of the
applicant.
f. Other sanitary requirements of the municipality shall be complied with.

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3. Cemeteries/Memorial Parks
It must be located on ground when the water value is not higher
than four point twenty five (4.25) meters below the ground surface
and is certified by the National Water Resources Board.
It shall be totally enclosed by a perimeter fence of strong materials
and all gates provided with a strong door and lock. Perimeter wall
shall not exceed 3.00 meters in height.

Where cemetery is enclosed by a solid reinforced concrete wall at

least 2 meters high, but not exceeding 3 meters, it is allowed to
construct tombs, vaults, mausoleums or other types of sepulchers
for the dead up to the
walls. Otherwise a clearance of 5 meters shall be maintained
between the
perimeter fence and the nearest interment plot.

3. Funeral Establishments

Funeral establishments shall be at minimum radial distance from

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the following:
restaurants, food center and other food establishments at least 25
meters.
markets at least 50 meters.
abattoirs, schools and hospitals at least 200 meters.
4. Piggery and Poultry
Piggery and poultry farm shall be situated in an area with
good drainage. Flood prone areas, and other environmentally
critical areas shall be avoided.
The farm shall preferably be at least 500 to 1000 meters away
from the built-up areas (residential, commercial,
institutional and industrial).
The piggery shall be 500 meters away from the major roads
and/or highways. For poultry farm, it shall be 200 metersaway
from the major roads and/or highways.

5. Land Transportation, Terminals and Garages.

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a. The location of bus stations/terminals, freight trucks terminals should be at

the periphery of a commercial zone.
b. Jeepney/Taxi terminal maybe located within the commercial zone provided that
it should not be near major intersection where traffic congestion occurs.
c. Garage must be located at the outskirts of the commercial zone.
6. Warehouse
. Warehouse shall be classified as follows regardless whether they are
privately or publicly owned.
Factory-Oriented
Market-Oriented
Distribution Center
Bulk storage
Special Commodity
.

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7. Base Stations of Cellular Mobile Telephone Services, Paging

Services, Trucking Services, Wireless Local Loop Service and other
Wireless Communication Services
a. May be located in the following zones/sites unless there are expressed
prohibitions under existing laws and regulations.
a.1 On the Ground
a.1.1 Air rights of transportation routes and railroads;
a.1.2 Within commercial, industrial, residential, institutional zones;
a.1.3 Within agricultural zones
a.1.4 Along existing buffer strips
a.2 On top existing structures which are structurally sound as attested and
signed by a duly licensed/registered
structural engineer.
b. Shall conform with the setback requirements of the National Building Code
and the DOH.
c.A perimeter fence as specification in the DOH radiation protection evaluation
report shall be constructed to prevent
access of the public to the antenna.

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8. Cockpit
a. Site should preferably be located outside of the urban
area and served major road.
b. Must be situated at a distance of 200 to 500 meters
from the national highway to avoid congestion and
obstruction
destruction to smooth traffic flow. It should be accessible to
transportation
c. Shall be constructed at least 200 meters away from any existing
residential or commercial area, school building,churches or other public
buildings.
d. A planting screen/buffer is 3-5 meters wide along the perimeter of
the site shall be provided to protect both the cockpit
and the adjacent land uses.

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3.0 NON CONFORMING

USES

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Non-Conforming Uses
A nonconforming use is a permitted use of property which
would otherwise be in violation of the current zoning
ordinance. The use is permitted because the land owner was
using the land or building for that use before the zoning
ordinance became effective. Nonconforming uses are often
referred to as being "grandfathered in" to a zoning code. In
order to qualify for nonconforming use, the property almost
always needs to have been continuously put to the nonconforming use. Thus, if the businesses closes and the use
lapses for any time, the permission for the nonconforming use
could vanish.

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4.0 EMINENT DOMAIN

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Eminent Domain
Eminent domain is the power of government to take private
property and use it for public use. Public use includes the traditional
government activities of building roads, government and public
facilities such as government buildings and parks, as well as more
generally beneficial activities assured through protection of scenic
areas, wetlands, and historic landmarks. If the government zones a
piece of property such that the property owner can no longer
effectively use the parcel of land, eminent domain may be
applicable, and the property owner may be able to sue for
compensation because the land has been "taken" by the
government

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Emilio Aguinaldo's house in Kawit,

Cavite

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RIZAL RESIDENCE IN
CALAMBA

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The Yap-Sandiego Ancestral House in Parian District of Cebu City is one of

the oldest existing structural residential houses in the Philippines.

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5.0 ACESSORY
STRUCTURES

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WHAT IS AN ACCESSORY
STRUCTURE?

An accessory structure is one that is customarily

incidental and subordinate to the principal building on the
property and is physically detached to the principal
building.
Accessory structures must be on the same property as
the
building or use to which they are accessory.
Some common examples of an accessory
structure include:
Garage
Workshop
Garden shed
Gazebo
Carport
Pool house or cabana

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When is an accessory structure permit required?

An accessory structure permit is required
prior to constructing, replacing, expanding
or moving any detached structure (e.g.
shed, detached garage, propane tank).

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NATIONAL BUILDING CODE OF THE PHILIPPINES

RULE III - PERMITS AND INSPECTION

b. Accessory Permits
i. Accessory Permits are issued by the Building Official for accessory parts
of the
project with very special functions or use which are indicated in the plans
and
specifications that accompany the building permit application. These may
include,
among others: bank and records vaults; swimming pools; firewalls
separate from the
building/structure; towers; silos; smokestacks; chimneys;
commercial/industrial fixed
ovens; industrial kilns/furnaces; water/waste treatment tanks, septic
vaults; concrete and steel tanks; booths, kiosks and stages; and tombs,
mausoleums and niches.
ii. Accessory Permits are issued by the Building Official for activities being
undertaken prior to or during the processing of the building permit. The
coverage is spelled out in the accessory permit form including the expiry
period. These shall be signed by the concerned owner/applicant and by

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REPORTED BY: MARMITA

ROLAND R.
BS.ARCHITECTURE 3B

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THANK YOU
..NEXT REPORTER..