Mabalacat Info
Mabalacat Info
Mabalacat Info
Series of ____ AN ORDINANCE ADOPTING THE ZONING REGULATIONS FOR THE CITY OFMABALACAT
AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE
REPEAL OF ALL ORDINANCES INCONFLICT THEREWITH.
WHEREAS
the implementation of Comprehensive Land Use Plans would require theenactment of regulatory
measures to translate its planning goals and objectives intoreality; and a Zoning Ordinance is one such
regulatory measure which is an importanttool for the implementation of the Comprehensive Land Use
Plan;
WHEREAS,
the Local Government Code of 1991 authorizes local government units toenact zoning ordinances
subject to and in accordance with existing laws;
WHEREAS,
this integrated Zoning Ordinance is one such regulatory measure which isan important tool for the
implementation of the approved Comprehensive Land UsePlan;
NOW THEREFORE
, the
ARTICLE I
This Zoning Ordinance shall be known as theintegrated Zoning Ordinance (ZO) of the City of Mabalacat
and shall hereinafter bereferred as the Ordinance or ZO.
ARTICLE II
This Ordinance is enacted pursuant to the provision of theLocal Government Code of 1991, R.A. 7160
Sections 447, 448 and 458 a.2 (7-9) dated
laws” and in accordance with related laws such as but no limited to Commonwealth Act
141. RA 8550 Fisheries Code, PD 705 Forestry Code, PD 1067 Water Code, PD 1096National Building
Code and Executive Order No. 72.
SECTION 3. Purposes -
Promote and protect the health, safety, peace, comfort, convenience and generalwelfare of the
inhabitants in the City.Guide, control and regulate the growth and development of public and private
lands inMabalacat City in accordance with its Comprehensive Land Use Plan (CLUP);
3
Provide the proper regulatory environment to maximize opportunities for creativity,innovation and
make ample room for development within the framework of goodgovernance and community
participation; andEnhance the character and stability of residential, commercial, industrial,
institutional,forestry, agricultural, open space and other functional areas within the City and promotethe
orderly and beneficial development of the same.
These Zoning Regulations are based on theprinciples provided for in the approved Comprehensive Land
Use Plan as per SPResolution No. _____________ dated __________.
’s vision to be “
-industrial hub withhealthy, disciplined, empowered and vigilant citizenry, living in a scenic,ecologically
balanced, and resilient environment; and with an inclusiveeconomy under a transparent, accountable,
and responsive localleadership and governance
2. The local government unit recognizes that any land use is a use by right butprovides however that the
exercise of such right shall be subject to the reviewstandards of this Ordinance;3. The Ordinance gives
the free market the maximum opportunity to spur the City
’s
development within a framework of environment integrity and socialresponsibility;4. The Ordinance has
been designed to encourage the evolution of high-qualitydevelopment rather than regulating against
the worst type of projects;5. The Ordinance has been crafted in a manner that is fully responsive to the
ever-changing condition that the City continually face;6. The Ordinance functions as a tool for informed
decision-making on the part ofland use administrators by way of providing specific criteria to judge
theacceptability of developments;7. The Ordinance provides a direct venue for community empowered
where thestakeholders become involved especially in critical development decisions; and8. The
regulations in the Zoning Ordinance are considered as land usemanagement tools that are necessary to
provide a clear guidance to landdevelopment in order to ensure the comm
ARTICLE III
DEFINITION OF TERMS
The definition of the terms used in this Zoning Ordinance shall carry the same meaninggiven to them in
already approved codes and regulations, such as but not limited to theNational Building Code, Water
Code, Philippine Environment Code and otherimplementing Rules and Regulations promulgated by the
Housing Land Use RegulatoryBoard. The words, terms and phrases enumerated hereunder shall be
understood tohave the corresponding meaning indicated as follows:
percent of the valid votes. This also called the 50% +1 vote.
Accessory Use
- pertains to those that are customarily associated with the PrincipalUse application (such as a garage is
accessory to a house).
Actual Use
- refers to the purpose for which the property is principally or predominantlyutilized by the person in
possession of the property.
AFMA
- shall refer to the Agriculture and Fisheries Modernization Act of 1997 or RA8435.
Agricultural Activity
- per the Comprehensive Agrarian Reform Law of 1988 (RA6657), means the cultivation of the soil,
planting of crops, growing of fruit trees, raisingof livestock, poultry or fish, including the harvesting of
such farm products, and otherfarm activities and practices performed by a farmer in conjunction with
such farmingoperations done by persons whether natural or juridical.
Agricultural Land
- per RA 6657, refers to land devoted to agricultural activity and notclassified as mineral, forest,
residential, commercial or industrial land.
- per RA 6657, refers to the process of changingthe use of agricultural land to non-agricultural uses.
(AFMA)
an area within a municipality/city intended primarily forintegrated farm operations and related product
processing activities such as plantationfor bananas, pineapple, sugar, etc.
Agri-Processing Activities
products into semi-processed or finished products which include materials for themanufacture of food
and/or non-food products, pharmaceuticals and other industrial
products.” (AFMA)
Allowable Uses
Ancestral Domains
- per the Indigenous Peoples Rights Act of 1997 (RA 8371), theserefer to all areas generally belonging to
Indigenous Cultural Communities/IndigenousPeoples (ICCs/IPs) comprising lands, inland waters, coastal
areas, and naturalresources therein, held under a claim of ownership, occupied or possessed byICCs/IPs.
Ancestral Lands
- an area in a municipality/city intended forthe preservation of the traditional way of life of indigenous
people.
- an area within the R-2 Zone of a municipality/citywhere the number of allowable storeys/floors above
established grade is three (3) andthe BHL is 10.00 meters above highest grade (NBC).
- an area within a municipality/city that are yards, parksor open spaces intended to separate
incompatible elements or uses to control pollution/nuisance and for identifying and defining
development areas or zones where nopermanent structures are allowed.
per the National Building Code, this is “the maximumheight to be allowed for buildings/ structures…and
shall be generally measured from the
established grade line to the topmost portion of the proposed building/structure. Ifapplicable, the BHL
may be subject to clearance requirements of the Civil Aviation
Authority of the Philippines (CAAP) or the concerned military/security authorities.” BHLis expressed as
the number of allowable storey’s/floor above established grade and/ or
- title formally recognizing the rights ofpossession and ownership of ICCs/IPs over their ancestral
domains that have beenidentified and delineated in accordance with Indigenous Peoples Rights Act (RA
8371)
- refers to a title formally recognizing therights of ICCs/IPs over their ancestral lands (RA 8371)
Certificate of Non-Conformance
- shall refer to areas designated principally for trade,services and business purposes.
Class "AAA" Slaughterhouse/Abattoir
- those with facilities and operationalprocedures appropriate to slaughter livestock and fowls for sale in
any market, domesticor international.
- those with facilities and operational proceduressufficiently adequate that the livestock and fowls
slaughtered therein is suitable for salein any market within the country.
- those with facilities and procedures of minimumadequacy that the livestock and the fowls slaughtered
therein are suitable fordistribution and sale only within a municipality/city where the slaughterhouse is
located.
a medium to high density commercial area within amunicipality/city intended for trade, service and
business activities performingcomplementary/supplementary functions to the CBD.
Commercial Garage
- a garage where automobiles and other motor vehicles arehoused, cared for, equipped, repaired or
kept for remuneration, for hire or sale.
Compatible Uses
- different uses capable of existing harmoniously within a zone, e.g.residential and parks and
playground uses subject to the conditions stipulated in theZoning Ordinance.
- is a technical document embodying specificproposals and strategies for guiding, regulating growth
and/or development that isimplemented through the Zoning Ordinance. The main components of
theComprehensive Land Use Plan in this usage are the land use plan and sectoral studiesincluding
Demography, Ecosystems Analysis (Terrestrial and Coastal),and Special Area
Studies such as Climate Change Adaptation, Disaster Risk Reduction andManagement, Ancestral
Domain, Biodiversity, Heritage Conservation and GreenUrbanism.
Conflicting Uses
- uses or land activities with contrasting characteristics and adjacentto each other e.g. residential units
adjacent to industrial plants.
Conforming Use
- a use that is in accordance with the zone regulations as provided forin the Ordinance.
Deed Restrictions
- written agreements that impose limitations on the use of propertyin order to maintain the intended
character of a neighborhood.
Easement
open space imposed on any land use/activities sited along waterways,fault lines, road-rights-of-way,
cemeteries/memorial parks, utilities and the like.
Established Grade
the finish ground level of a proposed development which shall bedetermined according to the
provisions of the latest edition of the National BuildingCode.
Ecotourism
a form of sustainable tourism within a natural and cultural heritage areawhere community
participation, protection and management of natural resources,culture and indigenous knowledge and
practices, environmental education and ethics,as well as economic benefits are fostered and pursued for
the enrichment of host
communities and the satisfaction of visitors.” (Tourism Act and DENR AO2013
areas prone to natural hazards, such as thoserelated to weather, hydrologic, and geologic disturbances.
These hazards cover thosethat are weather and water-related, earthquake-induced, volcanic and
erosion-related.
refer to those areas which areenvironmentally sensitive and are listed in Presidential Proclamation 2146
datedDecember 1981, as follows:
a. All areas declared by law as national parks, watershed reserves, wildlifepreserves and sanctuaries;b.
Areas set aside as aesthetic potential tourist spots;c. Areas which constitute the habitat for any
endangered or threatened species ofindigenous Philippine wildlife (flora and fauna);d. Areas of unique
historic, archaeological, or scientific interests;e. Areas which are traditionally occupied by cultural
communities or tribes;f. Areas frequently visited and/or hard-hit by natural calamities (geologic
hazards,floods, typhoons, volcanic activity, etc.);g. Areas with critical slopes;h. Areas classified as prime
agricultural lands;i. Recharge areas of aquifers; j. Water bodies characterized by one or any combination
of the followingconditions:
which support wildlife and fishery activities.k. Mangrove areas characterized by one or any combination
of the followingconditions:
which act as natural buffers against shore erosion, strong winds and
on which people are dependent on their livelihood.l. Coral reef characterized by one or any
combination of the following conditions:
which acts as natural breakwater of coastlines.Proponents of Projects within ECAs are required to
submit Initial EnvironmentalExaminations to DENR Regional Offices. They may later be required by the
DENR tosubmit an EIS, if necessary.
refer to those projects which have highpotential for negative environmental impacts and are listed in
Presidential Proclamation2146 dated December 14, 1981, as follows:a. Heavy industries
forestry projects such as logging, major wood processing, introduction offauna (exotic animals) in
public/private forests, forest occupancy, extraction ofmangroves and grazing.
major dams;
major roads and bridges.d. Golf course projectsProponents of ECPs are required to submit an EIS to the
Environmental ManagementBureau (EMB) of the DENR.
pursuant to PD 1586 of 1978, refersto the entire process of organization, administration and procedure
institutionalized forthe purpose of assessing the significance of the effects of physical developments on
thequality of the environment. Projects that fall within the purview of the EIS Systeminclude:a.
Environmentally Critical Projectsb. Projects located in Environmentally Critical Areas
Exception
–
a device which grants a property owner relief from certain provisions of theOrdinance where because
of the specific use would result in a particular hardship uponthe owner, as distinguished from a mere
inconvenience or a desire to make moremoney.
Fisheries Code
Fish Pond
“a land
10
an area in a municipality/city that have been identifiedas prone to flooding and where specific
regulations are provided in order to minimize itspotential negative effect to developments.
the minimum elevation to which developments arerequired by this Ordinance to be elevated, with
reference to the Base Flood Elevation, inorder to be flood proofed
is the ratio between the gross floor area of a building andthe area of the lot on which it stands,
determined by dividing the gross floor area of thebuilding and the area of the lot. The gross floor area of
any building should not exceedthe prescribed floor area ratio (FAR) multiplied by the lot area. The FAR
of any zoneshould be based on its capacity to support development in terms of the absolute level
ofdensity that the transportation and other utility networks can support.
Forest
refers to either natural vegetation or plantation of crops mainly of trees, orboth, occupying a definable,
uninterrupted or contiguous area exceeding but not lessthan one hectare with tree crown covering at
least ten percent (10%)of the areas,exclusive of the associated seedlings, saplings, palms, bamboos and
other undercovervegetation. A natural forest is a stand dominated by trees whose structure,
functionsand dynamics have been largely the result of natural succession process. A naturalforest is
classified as either 1) primary or virgin forest which has not never beensubjected to significant human
disturbance, or has not been significantly affected byt hegathering of forest products such that its
natural structure, functions and dynamics havenot undergone any major ecological change; or 2)
secondary or residual forest thatmaybe classified into either degraded or productive type (DENR DAO
No. 99-53).
Forestlands
–“include the public forest, permanent forest or forest reserves, and forestreservations”(PD 1559. Furt
her Amending PD 705, otherwise known as the RevisedForestry Code of the Philippines. 1978).
an area within a municipality/city which are intended primarily forforest purposes. This includes
Forestlands and areas outside of Forestlands that aredeclared for forest purposes by this Ordinance.
Forestry Code
refers to Presidential Decree No. 705 or the Revised Forestry Code ofthe Philippines, as amended.
the GFA of a building is the total floor space within theperimeter of the permanent external building
walls, occupied by:
Office areas
Residential areas
Corridors
Lobbies
Mezzanine
Vertical penetrations, which shall mean stairs, fire escapes, elevator shafts,flues, pipe shafts, vertical
ducts, and the like, and their enclosing walls
Covered areas used for parking and driveways, including vertical penetrationsin parking floors where no
residential or office units are present
Uncovered areas for AC cooling towers, overhead water tanks, roof decks,laundry areas and cages,
wading or swimming pools, whirlpools or jacuzzis,gardens, courts or plazas.
Heritage Act
an area in a municipality/city
historical, anthropological, archaeological, artistic geographic areas and settings thatare culturally
significant to the country, as declared by the National Museum and/ or the
Historic Center
–
1) historic zone, district, core, precinct, town, legacy zone, heritagearea, zone or town; 2) a designated
area with historical and other special significance,consisting of buildings or group of buildings and their
environs that collectively
contribute to the area’s importance and character; 3) a place where a significant event
12
in history occurred; 4) any town, district, or ancient settlement site with specific historyand/or cultural
significance. Historic centers are sometimes called living museums,outdoor museums, or museum
preserves. Whether inhabited or un-inhabited, historiccenters are preservation areas. (Heritage Act)
an area within a municipality/city intended for lightmanufacturing or production industries that are:a.
non-pollutive/non-hazardous; andb. non-pollutive/hazardous
Inland Fishery
Innovative Design
IPRA
shall mean the Indigenous Peoples Rights Act of 1997 (Republic Act 8371).
Landslide Overlay Zone (LSD-OZ)
an area in a municipality/city that have beenidentified as highly susceptible to landslides and where
specific regulations are providedin order to minimize its potential negative effect to developments.
a local special body created by virtue of thisOrdinance mandated to, among others, handle appeals for
Variances and Exceptions.
a clearance issued by the Zoning Administrator/ZoningOfficer to a project that is allowed under the
provisions of this Ordinance.
a clearance issued by the LZBA to a projectthat is allowed under the Mitigating Device/Variance
provision of this Ordinance.
a clearance issued by the LZBA to aproject that is allowed under the Mitigating Device/Exception
provision of thisOrdinance.
an area within the R-2 Zone of a municipality/citywhere the number of allowable storeys/floors above
established grade is five (5) and theBHL is 15.00 meters above highest grade (NBC).
13
Maximum R-3 Sub-Zone (MR3-SZ)
an area within the R-3 Zone of a municipality/citywhere the number of allowable storeys/floors above
established grade is twelve (12)and the BHL is 36.00 meters above established grade (NBC).
Mitigating Device
a means to grant relief in complying with certain provisions of theOrdinance such as, but not limited to,
those pertaining to use, building bulk and density,and performance standards.
Code of 1998, this zone covers the Municipal Waters which “include not only streams,
lakes, inland bodies of water and tidal waters within the (city) municipality which are notincluded within
the protected areas as defined under Republic Act No. 7586 (TheNIPAS Law), public forest, timber lands,
forest reserves or fishery reserves, but also
Non-Conforming Use
uses existing prior to the approval of this Zoning Ordinancethat are not in conformity with its provisions
but are allowed to operate subject to theconditions of this Zoning Ordinance.
Notice of Non-Conformance
notice issued to owners of all uses existing prior to theapproval of the Ordinance which do not conform
to the provisions herein provided.
per AFMA, refers to agricultural areas identified by the Department of Agriculture in coordination with
the National Mapping and Resource Information Authority in order to ensure the efficient utilization of
land for agriculture and agro-industrial development and promote sustainable growth. The NPAAAD
covers thefollowing:a. All irrigated areas;b. All irrigable lands already covered by irrigation projects with
firm fundingcommitments;c. All alluvial plain land highly suitable for agriculture whether irrigated or
not;d. Agro-industrial croplands or lands presently planted to industrial crops thatsupport the viability of
existing agricultural infrastructure and agro-basedenterprises;e. Highlands or areas located at an
elevation of 500 meters or above and have thepotential for growing semi-temperate and high-value
crops;f. All agricultural lands that are ecologically fragile, the conversion of which willresult in serious
environmental degradation; andg. Mangrove areas and fish sanctuaries.
14
a duly authenticated map delineating the different zones intowhich the whole City is divided.
as used in this Ordinance, an area where permanent buildingsshall not be allowed and which may only
be used as forest, buffer/greenbelts, parks andplaygrounds.
another Overlay Zone that provides an additional set (or layer) of regulations.
–
an area in a municipality/city designed fordiversion/ amusements and for the maintenance of ecological
balance.
a land development scheme wherein the projectsite is comprehensively planned as an entity via unitary
site plan which permits flexibilityin planning/design, building siting, complementarity of building types
and land uses,usable open spaces and the preservation of significant natural land features.
that include the NPAAAD which are “agricultural areas identified by the
Department (Agriculture) through the Bureau of Soils and Water Management (BSWM)in coordination
with the National Mapping and Resource Information Authority(NAMRIA) in order to ensure the efficient
utilization of land for agriculture and
that are “
resources such as, but not limited to, andesite, basalt, conglomerate, coral sand,diatomaceous earth,
diorite, decorative stones, gabbro, granite, limestone, marble, marl,red burning clays for potteries and
bricks, rhyolite, rock phosphate, sandstone,
serpentine, shale, tuff, volcanic cinders, and volcanic glass.” (Mining Act)
Quarrying
–
d” (Mining Act).
shall be utilized for non-agricultural uses such as residential, industrial, and commercialas embodi
an area within a municipality/city intended for low densityresidential use. Per the National Building
Code, R-1 Zone is characterized mainly bylow-rise single-detached and duplex residential buildings for
exclusive use as single(nuclear) family dwellings.
15
an area within a municipality/city intended for mediumdensity residential use. Per the National Building
Code, R-2 Zone is characterizedmainly by low-rise single-attached, duplex or multi-level structures
residential buildingsfor exclusive use as multi-family dwellings.
Rezoning
–
a process of introducing amendments to or change in the existing zoning ofa particular area and
reflected in the text and maps of the Ordinance.
Socialized Housing
refers to housing [programs and] projects covering houses andlots or home lots only undertaken by the
Government or the private sector for theunderprivileged and homeless citizens (UDHA)
refers to “areas
within the NPAAAD identified for production, agro-processing and marketing activities tohelp develop
and modernize, with the support of government, the agriculture andfisheries sectors in an
environmentally and socio-c
a low impact system intended to drainsurface water run-off through a series of collection, storage and
cleaning stages beforeit is released back into the environment.
Tourism Act
Tourism Zone
are sites within city endowed with natural or manmade physicalattributes and resources that are
conducive to recreation, leisure and other wholesomeactivities.
Tree Farm
trees of economic value for their fruits, flowers, leaves, barks or extractives, but not forthe
UDHA
shall mean the Urban Development and Housing Act of 1992 or RA 7279.
acterized mainly as a low-rise or medium-rise building/structure for low to high intensity community
support
16
sewerage facilities, solid waste handling facilities and the like” (NBC
).
Variance
a device which grants a property owner relief from certain provisions of theZoning Ordinance where,
because of the particular physical surrounding, shape ortopographical condition of the property,
compliance on applicable Building Bulk andDensity Regulations, Building Design Regulations and
Performance Standards wouldresult in a particular hardship upon the owner, as distinguished from a
mereinconvenience or a desire to make more money.
Warehouse
refers to a storage and/or depository of those in business of performingwarehouse services for others,
for profit.
Water Code
shall mean the Water Code of the Philippines (Presidential Decree 1067)
Yard
as defined in the National Building Code, this is “the required open space left
between the outermost face of the building/ structure and the property lines, e.g. front,
rear, right and left side yards. The width of the yard is the setback.”
Zone/Sub-Zone
–
an area within the city for specific land use as defined by manmadeor natural boundaries.
Zoning Certificate
a document issued by the Zoning Administrator citing the zoningclassification of the land based on this
Ordinance.
ARTICLE IV
ZONE
CLASSIFICATION
- To effectively carry out the provisionsof this Ordinance, the city is hereby divided into the following
zones or districts asshown in the Official Zoning Maps.
17
Production Agricultural Sub-Zone (PDA-SZ)
3. Agri-industrial Zone (AgIndZ)4. Municipal Waters Zone (WZ)5. Residential-1 Zone (R1-Z)6. Residential
2 Zone (I2-Z)13. General Institutional Zone (GI-Z)14. Parks and Recreation Zone (PR-Z)15.
Cemetery/Memorial Park Zone (C/MP-Z)16. Buffer/Greenbelt Zone (B/G-Z)17. Utilities, Transportation,
and Services Zone (UTS-SZ)18. Tourism Zone (T-Z)19. Quarry Sub Zone (Q-SZ)Section 7. Overlay Zone
18
1. Landslide Overlay Zone (LSD-OZ)2. Flood Overlay Zone (FLD-OZ)3. Ancestral Domain Overlay Zone
(AD-OZ)
- It is hereby adopted as an integral part of this Ordinance, theduly authenticated and Official Zoning
Maps of the City showing location andboundaries of the Base Zones, Sub-zones and Overlay Zones
herein established (referto
MAP).
- The locations and boundaries of the above mentionedvarious zones into which the City has been
subdivided are identified and specified asfollows:
Zones Boundaries/Location
AGZ See Zoning MapPTA-SZ All irrigated and irrigable landsPDA-SZ All agricultural lands for crop
productionFZ See Zoning MapR1-Z See Zoning MapR2-Z See Zoning MapR3-Z See Zoning MapSHZ See
Zoning MapC-1 See Zoning MapC-2 See Zoning mapGI-Z See Zoning MapI1-Z See Zoning MapI2-Z See
Zoning MapWZ See Zoning Map
19
Zones Boundaries/Location
PR-Z See Zoning MapB/G-Z See Zoning MapUTS-SZ See Zoning MapC/MP-Z See Zoning MapLSD-OZ See
Zoning MapFLD-OZ See Zoning Map AD-OZ See Zoning Map
The following rules shall apply in theinterpretation of the boundaries indicated on the Official Zoning
Map
Where zone boundaries are so indicated that they approximately follow the center ofstreets or
highway, the streets or highways right-of-way lines shall be construed to bethe boundaries.Where zone
boundaries are so indicated that they approximately follow the lot lines,such lot lines shall be construed
to be the boundaries.Where zone boundaries are so indicated that they are approximately parallel to
thecenter lines or right-of-way lines of streets and highways, such zone boundaries shall beconstrued as
being parallel thereto and at such distance therefrom as indicated in thezoning map. If no distance is
given, such dimension shall be determined by the use ofthe scale shown in said zoning map. Where the
boundary of a zone followsapproximately a railroad line, such boundary shall be deemed to be the
railroad right-of-way.Where the boundary of a zone follows a stream, lake or other bodies of water,
saidboundary line should be deemed to be at the limit of the political jurisdiction of thecommunity
unless otherwise indicated. Boundaries indicated as following shorelinesshall be construed to follow
such shorelines and in the event of change in theshorelines, shall be construed as moving with the
actual shorelines.Where a lot of one ownership, as of record the effective date of this Ordinance,
isdivided by a zone boundary line, the lot shall be construed to be within the zone where
20
the major portion of the lot is located. In case the lot is bisected by the boundary line, itshall fall in the
zone where the principal structure falls.Where zone boundaries are indicated by Lot Parcels or said to be
one-lot deep, thisshould mean that the said zone boundaries are defined by the parcellary
subdivisionexisting at the time of the passage of this Ordinance.The textual description of the zone
boundaries shall prevail over that of the OfficialZoning Maps.
21
ARTICLE V
Allowable Uses
The uses enumerated in the succeeding sections are not exhaustive nor all inclusive.The Local Zoning
Board of Appeals (LZBA) may allow other uses subject to therequirements of the Mitigating Devices
provision of this Ordinance.
Building Regulations
zone’s governing
authority as well as with the relevant provisions of the National Building Code (NBC)and this Ordinance.
In certain zones, the design of buildings/structures may also beregulated by this Ordinance according to
Building Height Limit in consonance with theNBC and to architectural design to ensure harmony with the
desired character of thezone in consideration.
Base Zones refer to the primary zoningclassification of areas within the City and that are provided with a
list of allowable usesand regulations on building density and bulk, among others
- The Forest Zone includes the ProtectionForest and Production Forest. The following regulations shall
be applied in accordancewith the relevant provisions of the Revised Forestry Code, Revised Public Land
Act of1937, NIPAS Act of 1992, and specific proclamations of Forest Reservations, andrelated issuances
as well as with approved Forest Land Use Plan (FLUP), if any
e Protected Agricultural Areas (asdefined by AFMA, CARL and related issuances) as well as Production
Agricultural Areas as may be declared by cities/municipalities. Regulations shall be in accordance
22
with AFMA, CARL, Republic Act No. 7160 or the Local Government Code of 1991(LGC) and related
issuances.
- Per the AFMA, these include theNetwork of Protected Areas for Agriculture and Agroindustrial
Development (NPAAAD)
y the Department (Agriculture) through theBureau of Soils and Water Management (BSWM) in
coordination with the NationalMapping and Resource Information Authority (NAMRIA) in order to
ensure the efficientutilization of land
Allowable Uses/Activities
Cultivation, raising and growing of staple crops such as rice, corn, camote,cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,coffee, etc.
Fishpond activities
For livestock
For fowl
Customary support facilities such as palay dryers, rice threshers and storagebarns and warehouses
Engaging in home businesses such as dressmaking, tailoring, baking, running asarisari store and the like
provided that:
The number of persons engaged in such business/industry shall notexceed five, inclusive of owner;
o
No home occupation shall be conducted in any customary accessory usescited above;
No traffic shall be generated by such home occupation in greater volumethan would normally be
expected in a residential neighborhood and anyneed for parking generated by the conduct of such home
occupation shallbe met off the street and in a place other than the required front yard; and
No equipment or process shall be used in such home occupation whichcreates noise, vibration, glare,
fumes, odors and electrical interference
23
detectable to the normal senses and visual or audible interference in anyradio or television receiver or
causes fluctuations in line voltage off thepremises.
Such home industry shall not occupy more than thirty percent of the floorarea of the dwelling unit.
There shall be no change or alteration in the outside appearance of thedwelling unit and shall not be a
hazard or nuisance; and
Such shall consider the provisions pertaining to customary accessoryuses, traffic and equipment as
enumerated under Home Occupation ofthis section.
Building Regulations
When allowed, buildings and structures shall be designed, constructed andoperated in accordance with
the requirements of the NBC and with the provisionsof this Ordinance.
The Building Height Limit is 15.00 meters above established grade as provided inthe NBC.
- These are areas that are outsideof NPAAAD and declared by the City for agricultural use.
Allowable Uses/Activities
Cultivation, raising and growing of staple crops such as rice, corn, camote,cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,coffee, etc.
Fishpond activities
Poultry and piggery subject to the HLURB Rules and Regulation Governing theProcessing of Applications
for Locational Clearance of Poultry and Piggery
Agricultural research and experimentation facilities such as breeding stations,fish farms, nurseries,
demonstration farms, etc.
Plant nursery
24
Customary support facilities such as palay dryers, rice threshers and storagebarns and warehouses
Engaging home business such as dressmaking, tailoring, baking, running asarisari store and the like
provided that:
The number of persons engaged in such business/industry shall notexceed five, inclusive of owner;
That in no case shall more than 20% of the building be used for said homeoccupation;
No traffic shall be generated by such home occupation in greater volumethan would normally be
expected in a residential neighborhood and anyneed for parking generated by the conduct of such home
occupation shallbe met off the street and in a place other than the required front yard; and
No equipment or process shall be used in such home occupation whichcreates noise, vibration, glare,
fumes, odors and electrical interferencedetectable to the normal senses and visual or audible
interference in anyradio or television receiver or causes fluctuations in line voltage off thepremises.
Such home industry shall not occupy more than thirty percent of the floorarea of the dwelling unit.
There shall be no change or alteration in the outside appearance of thedwelling unit and shall not be a
hazard or nuisance;
Such shall consider the provisions pertaining to customary accessoryuses, traffic and equipment as
enumerated under Home Occupation ofthis section.
Building Regulations
The Building Height Limit is 15.00 meters above established grade as provided inthe NBC.
Zone
- These are areas within the Cityintended primarily for integrated farm operations and related product
processingactivities such as plantation for bananas, pineapple, sugar, etc.
25
Allowable Uses/Activities
Rice/corn mills
Drying, cleaning, curing and preserving of meat and its by-products andderivatives
Flour mill
Manufacture of coffee
Manufacture of charcoal
Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling ofnatural animal milk
and cream related products)
Fish canning
Patis factory
Bagoong factory
26
Other commercial handicrafts and industrial activities utilizing plant or animalparts and/or products as
raw materials
Sugar refining
Customary support facilities such as palay dryers, rice threshers and storagebarns and warehouses
The Building Height Limit is 15.00 meters above established grade as provided inthe NBC.
Per Republic Act No. 8550 orthe Philippines Fisheries Code of 1998, this zone covers the Municipal
Waters which
“include not only streams, lakes, inland bodies of water and tidal waters within the (city)
municipality which are not included within the protected areas as defined underRepublic Act No. 7586
(The NIPAS Law), public forest, timber lands, forest reserves or
fishery reserves, but also marine waters…(boundary delineation defined in the FisheriesCode).”
Regulations shall be in accordance with the Fisheries Code, Presidential Decree No.1067 or the Water
Code of the Philippines, Republic Act No. 9275 or the PhilippineClean Water Act of 2004 and related
issuances
resources such as, but not limited to, andesite, basalt, conglomerate, coral sand,diatomaceous earth,
diorite, decorative stones, gabbro, granite, limestone, marble, marl,red burning clays for potteries and
bricks, rhyolite, rock phosphate, sandstone,
Allowable Uses/Activities
Building Regulations
27
When allowed, buildings and structures shall be designed and constructed inaccordance with the
requirements of the governing authority, NBC and with theprovisions of this Ordinance.
1 (R-1) Zone
- An area within the cityintended for low density residential use of 20 dwelling units per hectare. Per
theNational Building Code, R-1 Zone is characterized mainly by low-rise single-detachedand duplex
residential buildings for exclusive use as single (nuclear) family dwellings.
Allowable Uses
Single-detached dwelling units
physicians, surgeons, dentists, architects, engineers, lawyers, and otherprofessionals or for engaging
home business such as dressmaking, tailoring,baking, running a sari-sari store and the like, provided
that:
The number of persons engaged in such business/industry shall not exceed five(5), inclusive of owner;
That in no case shall more than 20% of the building be used for said homeoccupation;
No traffic shall be generated by such home occupation in greater volumethan would normally be
expected in a residential neighborhood and anyneed for parking generated by the conduct of such home
occupation shallbe met off the street and in a place other than the required front yard; and
No equipment or process shall be used in such home occupation whichcreates noise, vibration, glare,
fumes, odors and electrical interferencedetectable to the normal senses and visual or audible
interference in anyradio or television receiver or causes fluctuations in line voltage off thepremises.
Home Industry classified as cottage industry, provided that:
28
Such home industry shall not occupy more than thirty percent (30%) of thefloor area of the dwelling
unit. There shall be no change or alteration in theoutside appearance of the dwelling unit and shall not
be a hazard ornuisance;
Allotted capitalization shall not exceed the capitalization as set by the DTI;and
Such shall consider the provisions pertaining to customary accessoryuses, traffic and
equipment/process under Home Occupation of thissection.
Recreational facilities for the exclusive use of the members of the family residingwithin the premises,
such as:
Swimming pool
Tennis courts
Basketball courts
Nursery/Elementary School
Tutorial services
Sports club
Religious use
Multi-purpose/Barangay hall
Plant nursery
Customary accessory uses incidental to any of the principal uses provided thatsuch accessory uses shall
not include any activity conducted for monetary gainor commercial purposes such as:
Servants quarters
Private garage
Guardhouse
Laundries
Non-commercial garages
Houses for pets such as dogs, birds, rabbits and the like of not more than4.00 sq. m. in floor area
Pump houses
Generator houses
Building Regulations
Per the relevant provisions of the NBC, PD 957 and this Ordinance.
29
The number of allowable storeys/floors above established grade is three (3) asprovided in the NBC.
The Building Height Limit is 10.00 meters above highest grade as provided in theNBC.
2 (R-2) Zone
- An area within the cityintended for medium density residential use. Per the National Building Code, R-
2 Zoneis characterized mainly by low-rise single attached, duplex or multi-level structuresresidential
buildings for exclusive use as multifamily dwellings.
Allowable Uses
Apartments
Boarding houses
Dormitories
Museums
Libraries
High School
Vocational School
Building Regulations
Per the relevant provisions of the NBC, PD 957 and this Ordinance.
The number of allowable storeys/floors above established grade is five (5) asprovided in the NBC.
The Building Height Limit is 15.00 meters above highest grade as provided in theNBC.
3 (R-3) Zone -
An area within the cityintended for medium to high density residential. Per the National Building Code,
R3Zone is characterized mainly by low-rise or medium rise residential buildings forexclusive use as multi-
family dwellings with mixed housing types
. Allowable Uses
Residential condominiums
Pension houses
Hotels
30
Building Regulations
Per the relevant provisions of the NBC, PD 957 and this Ordinance.
The number of allowable storeys/floors above established grade is twelve (12) asprovided in the NBC
The Building Height Limit is 36.00 meters above highest grade as provided in theNBC
- An area within the citydesignated to housing programs and projects covering houses and lots or home
lotsonly undertaken by the Government or the private sector for the underprivileged andhomeless
citizens (UDHA)
Allowable Uses
Building Regulations
•A
1 (C-1) Zone
- A low density commercialarea within the city intended for neighborhood or community scale trade,
service andbusiness activities. Allowable Uses
Department stores
Photo shops
Flower shops
Jewelry shops
Consumer electronics such as cellular phones, cameras, laptops, homeappliances and the like
Drugstores
o
Liquor and wine stores
31
Groceries
Supermarkets
Convenience stores
Beauty parlor
Barber shop
Bayad centers
Laundries
Catering services
Event planners
Water stations
Courier services
Security agencies
Janitorial services
Travel agencies
o
Bicycle repair shops
Repair shops for watches, bags, shoes, cellular phones, cameras,computers and the like
Swimming pool
Gymnasium
Lotto terminals, off-fronton, on-line bingo outlets and off-track betting stations
Plant nurseries
Vocational/technical school
32
Dance schools
o
Driving school
Speech clinics
Tutorial centers
Embassies/consulates
Libraries/museums
Banks
Insurance
Foreign exchange
Money lending
Pawnshops
Offices
Parking lots/garage facilities
Hotel
Apartment
Apartel
Boarding house
Dormitory
o
Pension house
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Storerooms and warehouses but only as may be necessary for theefficient conduct of the business
33
Pump houses
Generator houses
Building Regulations
The number of allowable storeys/floors above established grade is three (3) asprovided in the NBC
The Building Height Limit is 10.00 meters above highest grade as provided in theNBC.
–
2 (C-2) Zone
- A medium to high densitycommercial area within the city intended for trade, service and business
activitiesperforming complementary/ supplementary functions to the CBD.
Allowable Uses
Wholesale stores
Movie house/theater
Stadium, coliseum
Sports clubhouses
Bars, sing-along lounges, bistros, pubs, beer gardens, disco, dance halls
Exhibit halls
Motorpool
Hauling services and garage terminals for trucks, tow trucks and buses
Auto sales and rentals, automotive handicraft, accessory and spare parts shops,marine craft and aircraft
sales yards
34
Boat storage
Welding shops
Machine shop service operation (repairing/rebuilding or custom job orders)
Welding shop
Lumber/hardware
Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
Lechon stores
Chicharon factory
Biscuit factory
—
Shops for repacking of food products e.g. fruits, vegetables, sugar and otherrelated products
Motel
Condotel
Building Regulations
The number of allowable storeys/floors above established grade is six (6)asprovided in the NBC
35
The Building Height Limit is 18.00 meters above highest grade as provided in theNBC.
1 (I-1) Zone
- An area within the cityintended for light manufacturing or production industries that are:a. non-
pollutive/non-hazardous; andb. non-pollutive/hazardous
Drying fish
Biscuit factory
Other bakery production not elsewhere classified (n.e.c.)
36
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Storerooms and warehouses but only as may be necessary for theefficient conduct of the business
Pump houses
o
Generator houses
Non-Pollutive/Hazardous Industries
Me
Manufacture of miscellaneous wearing apparel except footwear
Manufacture of miscellaneous furniture and fixture except primarily of metals andthose n.e.c.
37
Pumping plants [water supply, storm drainage, sewerage, irrigation and wastetreatment plants]
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Storerooms and warehouses but only as may be necessary for theefficient conduct of the business
Pump houses
Generator houses
The Building Height Limit is 15 meters above highest grade as provided in theNBC.
2 (I-2) Zone
- An area within the cityintended for medium intensity manufacturing or production industries that
are:a. pollutive/non-hazardous; andb. pollutive/hazardous.
Candy factory
38
Manufacture of fabricated structural iron and steel
Manufacture or assembly of sewing machines
Refrigeration industry
39
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Storerooms and warehouses but only as may be necessary for theefficient conduct of the business
Pump houses
Generator houses
Pollutive/Hazardous Industries
Flour mill
Manufacture of coffee
Hosiery mill
Manufacture of related products from abaca, sisal, henequen, hemp, cotton,paper, etc.
Manufacture of artificial leather, oil cloth and other fabrics except rubberized
Manufacture of coir
Re-sawmills
Manufacture of charcoal
Manufacture of candles
Manufacture of inks
41
Manufacture of structural concrete products
Manufacture of engines and turbines except motor vehicles, marine and aircraft
Factories for engines and turbines and attached testing facilities
Hangars
42
Paint shops and spray painting rooms
Factories where loose combustible fiber or dirt are manufactured, processed orgenerated
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
o
Storerooms and warehouses but only as may be necessary for theefficient conduct of the business
Pump houses
Generator houses
The Building Height Limit is 21 meters above highest grade as provided in theNBC.
An area within the cityintended principally for general types of institutional establishments, e.g.
governmentoffices, hospitals/ clinics, academic/ research and convention centers.
Allowable Uses
Colleges, universities, professional business schools, vocational and tradeschools, technical schools and
other institutions of higher learning
43
Scientific, cultural and academic centers and research facilities except nuclear,radioactive, chemical and
biological warfare facilities
General hospitals, medical centers, specialty hospitals, medical, dental andsimilar clinics,
Embassies/consulates
Parking buildings
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Storerooms and warehouses but only as may be necessary for theefficient conduct of the business
Pump houses
Generator houses
The Building Height Limit is 15 meters above highest grade as provided in the NBC.
- An area designed fordiversion/amusements and for the maintenance of ecological balance in the
community.
Allowable Uses
All types of resort complexes such as those providing accommodation, sports, diningand other leisure
facilities
Open air or outdoor sports activities and support facilities, including low rise stadia,gyms,
amphitheaters and swimming pools
44
Sports clubs
Parking structures/facilities
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
o
Storerooms and warehouses but only as may be necessary for the efficientconduct of the business
Pump houses
Generator houses
The Building Height Limit is 15 meters above highest grade as provided in theNBC.
Allowable Uses
Memorial Parks
Cemetery
Columbarium
Crematorium
Ossuary
Customary accessory uses such as crypts, chapels, parks, playgrounds, pocketparks, parkways,
promenades, parking, and toilet facilities
The Building Height Limit is 15 meters above highest grade as provided in theNBC.
45
Subject to HLURB Rules and Regulations for Memorial Parks and Cemeteriesand other applicable
guidelines/standards of concerned agencies
These are yards, parks oropen spaces intended to separate incompatible elements or uses to
controlpollution/nuisance and for identifying and defining development areas or zones whereno
permanent structures are allowed.
Allowable Uses
Open spaces/gardens
Parks and park structures such as playgrounds, jogging trails, bicycle lanes
Plant nurseries
Customary accessory uses incidental to any of the above such as offices,eateries/canteens, parking,
kiosks, retail stores and toilet facilities
The Building Height Limit is six (6) meters above highest grade as provided in theNBC.
drainage/wastewater and sewerage facilities, solid waste handling facilities and the like”
(NBC).
Allowable Uses
Port facilities
All other types of transportation complexes
46
Pumping plants [water supply, storm drainage, sewerage, irrigation and wastetreatment plants ]
Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Storerooms and warehouses but only as may be necessary for theefficient conduct of the business
Pump houses
o
Generator houses
The Building Height Limit is fifteen (15) meters above highest grade as providedin the NBC.
- No tourism project or tourist related activities shall beallowed in Tourism Zones unless developed or
undertaken in compliance with theDepartment of Tourism (DOT) Guidelines and Standards.
Allowable Uses
Agri-tourism
Theme parks
Cottages
Lodging inns
o
Restaurants
Home stays
Souvenir shops
47
Food production and processing activities such as vegetables, fruits andplantation crop and fish
production to sustain tourism industry
Parking areas
top of the Basic Zone or another Overlay Zone that provides an additional set (or layer)of regulations.
These additional layers of regulations may pertain to additionallyallowable uses, building density and
bulk and building/structure design that are deemednecessary to achieve the objectives for the Overlay
Zone.
Objective.LSD-OZ regulations are applied in areas identified in the CLUP as highly susceptible to
landslides. The objectives of these regulations are to avoid/minimize potentials for landslide occurrence,
and to protect lives and properties from its impacts.
Allowable Uses
– Allowable uses shall be as provided in the Base Zone, subject to the following additional regulations
The Maximum Allowable Percentage of Site Occupancy (MAPSO) (defined in the NBC as the area of
ground coverage of Allowable Maximum Building Footprint), expressed as a percentage of the total lot
area, shall be:
– 20% for Parks and Recreation uses
– 30% for all other uses/ activities
The MAPSO shall include all buildings and structures built or to be built on the lot.
As defined in the NBC, USA is the “true open space which should be of exposed soil and planted.” The
USA is located outside the building envelope.
Site development shall be designed with consideration to avoiding/minimizing (1) risks that it will be
affected by landslides; (2) its adverse impacts to the soil; (3) and risks that it will cause landslides to
nearby areas/properties.
– Buildings and structures should be laid out and designed to harmonize with the terrain to minimize
earth moving activities
– Appropriate slope, erosion and soil stabilization measures shall be applied, either through hard or
soft engineering measures
– Indigenous and mature vegetation should be retained
– Natural drainage patterns should not be altered; and
– Use sustainable drainage systems to include rainwater storage tanks, green roofs, etc. that can
decrease the flow and make productive use of storm water run-off.
Objective
– FLD-OZ regulations are applied in areas that have been determined in the CLUPas flood-prone. The
objective of the Flood Overlay Zone is to protect lives andproperties from the harmful effects of
flood.
Allowable Uses
– Allowable uses shall be as provided in the respective Base Zone, subject to the following additional
regulations
Buildings shall be made flood proof through any or combination of the following means:
– Raising the lowest floor line at or above the Flood Protection Elevation (FPE) as determined by the
DPWH either through fill or by using stilts;
– Providing roof decks that can be used for evacuation purposes;
– Building utility connections such as those for electricity, potable water and sewage shall be located
at elevations higher than the FPE;
– Natural drainage patterns should not be altered; and
– Use sustainable urban drainage systems (SUDS) to include rainwater storage tanks, green roofs, etc.
that can decrease the flow and make productive use of storm water run-off.
Objectives
– A portion or portions of the Zone is hereby overlain with an Ancestral Domain Overlay Zone. The
objective for this Overlay Zone is to preserve the traditional way of life of IPs.
Allowable Uses
Section 14. Zoning Incentives - Density bonuses, such as through allowable building height increases,
may be provided as incentives for projects that use CCA/DRRM technology or innovations, i.e. use of
solar panels, rainwater harvesting, smart urban drainage systems, green architecture/building systems.
Similar incentives may also be given to projects that provide wider setbacks, increased ground level
open spaces, provides public infrastructure or conserve heritage sites.
ARTICLE VI
GENERAL REGULATIONS
Section 15. Height Regulations - Notwithstanding the Building Height provisions of this ordinance,
building heights should also conform to the height restrictions and requirements of the Civil Aviation
Authority of the Philippines (CAAP).Exempted from the imposition of height regulations in residential
zones are the following: towers, church, steeples, water tanks and other utilities and such other
structures not covered by the height regulations of the National Building Code and/or the CAAP.
Section 16. Area Regulations - Area regulations in all zones shall conform to the applicable minimum
requirements of existing laws, codes and regulations such as:
1. PD 957, “Subdivision and Condominium Buyers’ Protective Law” and it revised implementing
rules and regulations.
9. Rules and Regulations – HLURB Locational Guidelines and CLUP Guidebook 2013-2014
10. CA 141 or Public Land Act – public lands, including foreshore and reclaimed lands;
12. PD 1076 or Water Code of the Philippines – inland and coastal waters, shorelines and
riverbank easements;
16. RA 7586 or National Integrated Protected Areas Act – protected areas in both land and seas;
19. RA 8435 or Agriculture and Fisheries Modernization Act (AFMA) - SAFDZs and prime
agricultural lands;
20. RA 8550 or Revised Fisheries Code - municipal waters and coastal zones;
23. RA 10066 or Philippine Cultural Heritage Act - cultural and heritage zones/areas; and,
24. RA 10121 or Disaster Risk Reduction and Management Act - disaster-prone and geo-hazard
areas.
Section 17. Easement - Pursuant to the provisions of the Water Code: 1) the banks of rivers and streams
and the shores of the seas and lakes throughout their entire length within a zone of three (3) meters in
urban areas, twenty (20) meters in agricultural area sand forty (40) meters in forest areas, along their
margins, are subject to easements of public use in the interest of recreation, navigation, float age,
fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for
space or recreation, navigation, float age, fishing or salvage or to build structures of any kind.
Mandatory five-meter easement on both sides of earthquake fault traces on the ground identified by
PHIVOLCS. As required by the City Government, road widening and road construction program as well as
other projects that may later on be identified.
Section 18. Buffer Regulations - A buffer of four (4) meters (or as declared by the LGU) shall be provided
along entire boundary length between two or more conflicting zones/sub-zones allocating two (2)
meters from each side of the zone/sub-zone boundary. Such buffer strip should be open and not
encroached upon by any building or structure and should be a part of the yard or open space.
Section 19. Specific Provisions in the National Building Code - Specific provisions stipulated in the
National Building Code (P.D. 1096), as amended thereto, relevant to traffic generators, advertising and
business signs, erection of more than one principal structure, dwelling on rear lots, access yard
requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance,
shall be observed.
ARTICLE VII
PERFORMANCE STANDARS
Section 21. Application of Performance Standards - The following performance standards are intended
to ensure land use and neighborhood compatibility. Proposed developments shall comply with the
applicable performance standards which shall form part of the requirements for Locational Clearance.
These standards are by no means exhaustive or all inclusive. The Local Zoning Board of Appeals (LZBA)
may require other standards, when deemed necessary, to ensure land use and neighborhood
compatibility. These shall be enforced through the Implementing Guidelines that is made part of this ZO.
Section 22. Environmental Conservation and Protection Standards - It is the intent of the ZO to protect
the natural resources of the City. In order to achieve this objective, all developments shall comply with
the following regulations:
1. Views shall be preserved for public enjoyment especially in sites with high scenic quality by
closely considering building orientation, height, bulk, fencing and landscaping.
2. Deep wells shall not be allowed unless a Water Permit is obtained from the National Water
Resources Board.
3. Land use activities shall not cause the alteration of natural drainage patterns or change the
velocities, volumes, and physical, chemical, and biological characteristics of storm water.
Streams, watercourses, wetlands, lakes or ponds shall not be altered, re-graded, developed,
piped, diverted or built upon.
4. All developments shall ensure that storm water runoff shall be controlled through appropriate
storm water drainage system design.
5. All developments shall undertake the protection of rivers, streams, lakes and ponds from
sedimentation and erosion damage;
7. Municipal and industrial wastewater effluents shall not discharge into surface and
groundwater unless it is scientifically proven that such discharges will not cause the
deterioration of the water quality. Effluents shall be maintained according to DENR’s latest
Effluent Quality Standards for Class “C” Inland Waters;
8. Developments that generate toxic and hazardous waste shall provide appropriate handling
and treatment facilities which should be in accordance with the requirements of and approved
by the DENR;
9. Floodplains shall not be altered, filled and/or built upon without proper drainage design and
without proper consideration of possible inundation effects on nearby properties;
10. All developments, particularly those in sloping areas, shall undertake adequate and
appropriate slope and erosion protection as well as soil conservation measures;
11. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke, gas or any
other air polluting material that may have harmful effects on health or cause the impairment of
visibility are not permitted. Air quality at the point of emission shall be maintained at specified
levels according to DENR’s latest Air Quality Standards.
12. Developments that generate a significant volume of solid waste shall provide appropriate
solid
13. Industrial processes/activities should not cause negative impacts to the environment. The
Zoning Administrator/Zoning Officer may request for descriptions of these as part of the
requirements for Locational Clearance.
Section 23. Agricultural Land Conservation and Preservation Criteria - Agriculturallands are recognized
as valuable resources that provide employment, amenity and bio-diversity. All agricultural lands in the
City shall not be prematurely re-classified. Requests for re-classification shall be evaluated on the merits
of conditions prevailing at the time of application, compatibility with the CLUP, and subject to the
provisions of Memorandum Circular No. 54 Prescribing the Guidelines Governing Section 20 of RA
7160…Authorizing Cities and Municipalities to Reclassify Agricultural Lands into Non - Agricultural Uses.
Applications for agricultural land re-classification approved by the City shall be submitted to the
Sangguniang Panlalawigan for review and final approval.
Section 24. Network of Green and Open Spaces - The City intends to develop a network of green and
open spaces as a way to minimize the occurrence of urban heat islands. Developments shall conform to
the following provisions, as applicable:
1. All residential, commercial, industrial and mixed-use subdivisions, in compliance with the rules and
regulations of PD 1216, PD 953, PD 957 and BP 220, are respectively required to provide tree-planted
strips along their internal roads.
2. Similar developments shall also be required to provide landscaped tree parks that may be made part
of the open space requirements mandated by PD 957, BP220 and related laws. These mandated open
spaces shall be classified as non-alienable public lands, and non-buildable.
a. Landscaped with suitable trees. The minimum height of trees at the time of securing an
Occupancy Permit shall be 1.80 meters from the base to the crown.
b. 50% paved with permeable or semi-permeable materials such as grass, gravel, grass pavers
and the like.
Section 25. Site Development Standards - The City consider it in the public interest that all projects are
designed and developed in a safe, efficient and aesthetically pleasing manner. Site development shall
consider the environmental character and limitations of the site and its adjacent properties. All project
elements shall be incomplete harmony according to good design principles and the subsequent
development must be visually pleasing as well as efficiently functioning especially in relation to the
adjacent properties and bordering streets. Further, designs should consider the following:
1. The height and bulk of buildings and structures shall be so designed that it does not impair
the entry of light and ventilation, cause the loss of privacy and/or create nuisances, hazards or
inconveniences to adjacent developments.
2. Abutments to adjacent properties shall not be allowed without the neighbor’s prior written
consent which shall be required by the Zoning Administrator/Zoning Officer prior to the granting
of a Locational Clearance;
3. The capacity of parking areas/lots shall be per the minimum requirements of the National
Building Code. These shall be located, developed and landscaped in order to enhance the
aesthetic quality of the facility. In no case shall parking areas/lots encroach into street rights-of-
way.
4. Developments, such as shopping malls, schools, places of worship, markets, sports stadia and
the like, which attract a significant volume of transportation, such as PUVs and, private vehicles
shall provide adequate on-site parking for the same. These should also provide vehicular loading
and unloading bays so as through street traffic flow will not be impeded.
5. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided
to all noise and vibration-producing operations. Noise levels shall be maintained according to
levels specified in DENR’s latest guidelines on the Abatement of Noise and Other Forms of
Nuisance.
6. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point
beyond the limits of the property.
7. Fencing along roads shall be see-through. Side and rear fencing between adjacent lots (not
facing a road) may be of opaque construction materials.
Section 26. Infrastructure Capacities - All developments shall not cause excessive requirements at
public cost for public facilities and services. All developments shall exhibit that their requirements for
public infrastructure (such as roads, drainage, water supply and the like) are within the capacities of the
system/s serving them.
All development proposals in flood prone areas and all major proposals likely to affect the existing
drainage regime, including commercial-residential buildings or condominiums, shopping malls, public
markets, schools, universities, residential and industrial, and other similar developments shall be
required to submit Drainage Impact Assessment Studies. These should be prepared, signed and sealed
by duly licensed Civil Engineers, Sanitary Engineers or Environmental Planners.
Major, high intensity facilities such as commercial-residential buildings or condominium shaving four
floors and above, shopping malls, public markets, transportation terminals/garages, schools,
universities, residential and industrial subdivisions, cockfighting arena, sports stadia and other similar
developments shall be required to submit Traffic Impact Statements. Other traffic generating
developments, as determined by the Zoning Administrator/Zoning Officer, shall be required to submit
the same.
ARTICLE VIII
MITIGATING DEVICES
Section 27. Deviation - Variances and/ or Exceptions from the provisions of this Ordinance may be
allowed by the Local Zoning Board of Appeals (LZBA) only when the following terms and conditions exist:
1. Variances (deviation from applicable Building Bulk and Density Regulations, Building Design
Regulations and Performance Standards) Variance may be allowed provided that proposals
satisfy all of the following provisions:
a. Conforming to the provisions of the Ordinance will cause undue hardship on the part
of the owner of the property due to physical conditions of the property(topography,
shape, etc.), which is not self-created.
b. The proposed variance is the minimum deviation necessary to permit reasonable use
of the property.
c. The variance will not alter the intended physical character of the zone and adversely
affect the use of the other properties in the same zone such as blocking-off natural light,
causing loss of natural ventilation or encroaching in public easements and the like.
d. That the variance will not weaken the general purpose of the Ordinance and will not
adversely affect the public health, safety or welfare.
2. Exceptions (deviations from Allowable Use provisions) Exceptions may be allowed provided
that proposals satisfy all of the following conditions:
a. The exception will not adversely affect the public health, safety and welfare and is in
keeping with the general pattern of development in the community.
b. The proposed project shall support economic based activities/provide livelihood, vital
community services and facilities while at the same time posing no adverse effect on the
zone/community.
c. The exception will not adversely affect the appropriate use of adjoining properties in
the same zone such as generating excessive vehicular traffic, causing overcrowding of
people or generating excessive noise and the like.
d. The exception will not alter the essential character and general purpose of the zone
where the exception sought is located.
Section 28. Procedures for Evaluating Variances and/or Exceptions - The procedure for evaluating
applications for Variances and/or Exceptions is as follows:
1. The project proponent shall file a written application for Variance and/or Exception with the
LZBA citing the section(s) of this Ordinance under which the same is sought and stating the
ground/s thereof.
2. 2. Upon filing of application, a visible project sign, (indicating the name and nature of the
proposed project) shall be posted at the project site. This sign shall be maintained until the LZBA
has rendered a decision on the application.
3. 3. The LZBA shall conduct preliminary studies on the application. These application papers shall
be made accessible to the public.
4. A written affidavit of no objection to the project by the owners of the properties immediately in
front of and abutting the project site shall be filed by the applicant with the LZBA within fifteen (15)
days upon filing of application.
5. The LZBA shall hold public hearing(s) to be held in the concerned barangay.
6. At the hearing, any party may appear in person, or be represented by agent/s. All interested
parties shall be accorded the opportunity to be heard and present evidences and testimonies.
7. The LZBA shall render a decision within thirty (30) days from the filing of the application, exclusive
of the time spent for the preparation of written affidavit of non-objection and the public hearing(s).
All expenses to be incurred in evaluating proposals for Variances and/ or Exceptions shall be
shouldered by the project proponent.
ARTICLE IX
Section 29. Approved Zoning Maps - The Approved City Zoning Maps, printed in standard color codes
and with minimum dimensions of 1.20m x 1.20m, shall be posted at the following offices:
Zoning maps for each barangay shall be posted at respective barangay halls for public information and
guidance of barangay officials. These should similarly be printed in standard color codes and minimum
dimensions of 1.20m x 1.20m.
Section 30. Locational Clearance - All owners/developers shall secure Locational Clearance from the
Zoning Administrator/ Zoning Officer or, in cases of Variances and/or Exceptions, from the LZBA prior to
conducting any activity or construction on their property/land. This will include property/land located in
Forestlands, Special Economic Zones and other areas administered by national and special agencies,
except for facilities for national security as certified by the Department of National Defense
.
Section 31. Projects of National Significance - Based on established national standards and priorities,
the HLURB shall continue to issue locational clearances for projects considered to be of vital and
national or regional economic or environmental significance. Unless otherwise declared by the NEDA
Board, all projects shall be presumed locally-significant. (Para. 2 Section 3a, of EO 72)
Section 32. Major and/or Innovative Projects - The Zoning Administrator/Zoning Officer or the LZBA, as
the case may be, may seek the assistance of the HLURB or external consultants in the evaluation of
proposed Major and/or Innovative Projects such as seaports, airports, oil depots, reclamation areas,
shopping malls, special economic zones, tourism enterprise zones, and the like.
Section 33. Subdivision Projects - All owners and/or developers of subdivision projects shall, in addition
to securing a Locational Clearance, be required to secure a Development Permit pursuant to the
provisions of PD 957 and its Implementing Rules and Regulations or BP 220 and its Implementing Rules
and Regulations and in accordance with the procedures laid down in EO 71, Series of 1993.Proposed
subdivision projects shall prepare their respective Deed Restrictions (to include, among others,
regulations pertaining to allowable uses within their project sites. The list of allowable uses within
subdivisions shall be within the list of allowable uses within the Zone. Proof of compliance of future
projects with the provisions of the Deed Restrictions for the said subdivision shall form part of the
requirements for Locational Clearance
Section 34. Planned Unit Development Projects - Proposed Planned Unit Developments (PUD) projects
shall be accompanied by Comprehensive Development Master Plans (CDMPs) showing, at the minimum,
proposed land uses, building density and bulk, road network layout, road and sidewalk section details,
and master layouts of all utilities such as those for potable water, storm drainage, sewerage, power
supply, telecommunication and solid waste management. CDMPs shall also be provided with Deed
Restrictions where, upon approval of the Zoning Administrator/Zoning Officer or LZBA, as the case may
be, proof of compliance of future projects on the said PUD site shall form part of the requirements for
Locational Clearance.
Section 35. Environmental Compliance Certificate - No Locational Clearance shall be issued to proposals
covered by the EIS System unless the requirements of ECC have been complied with.
Section 36. Building Permit - No Building Permit shall be issued by the City Building Official without a
valid Locational Clearance in accordance with the integrated ZO
Section 37. Business Permit - The Business and Licensing Division shall require a Locational Clearance for
new developments. Should there be any change in the activity or expansion of the area subject of the
Locational Clearance, the owner/developer shall apply for a new Locational Clearance.
Section 38. Occupancy Permit - No Occupancy Permit shall be issued by the Local Building Official
without certification from the Zoning Administrator/Zoning Officer that the building has complied with
the conditions stated in the Locational Clearance.
Section 39. Validity of Locational Clearance - Upon issuance of an LC, the grantee there of shall have
one year within which to commence or undertake the use, activity or development covered by such
clearance on his property. Non-use of LC within said period shall result in its automatic expiration,
cancellation and the grantee shall not proceed with his project without applying for a new clearance.
Should there be any change in the activity or expansion of the area subject of the Locational Clearance,
the owner/developer shall apply for a new Locational Clearance.
Section 40. Notice of Non-Conformance - Upon approval of this Ordinance, the Zoning
Administrator/Zoning Officer shall immediately issue Notices of Non-Conformance to existing non-
conforming uses, buildings or structures. The said Notice of Non-Conformance shall cite provisions of
this Ordinance to which the existing use, building or structure does not conform to. The same Notice
shall also inform the owner of said non-conforming use, building or structure of the conditions for the
continued use of the same as provided in the following section.
It may also provide conditions by which the non-conforming use can reduce its nonconformity.
Section 41. Existing Non-Conforming Uses, Buildings and Structures - The lawful uses of any building,
structure or land at the time of adoption or amendment of this Ordinance may be continued, although
such uses do not conform with the provisions of the integrated ZO, provided:
1. That no such non-conforming use shall be expanded 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 use exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more than one (1) year be
again revived as non-conforming use.
4. That any non-conforming building/structure which has been damaged maybe reconstructed
and used as before provided that such reconstruction is not more than fifty percent (50%) of the
replacement cost. That should such non-conforming portion of any building/structure be
destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at
the time of destruction, it shall not be reconstructed except in conformity with the provisions of
this Ordinance.
5. That no such non-conforming use maybe moved to displace any conforming use;
6. That no such non-conforming use and/or structure may be expanded or altered in a way
which increases its non-conformity, but any structure or portion thereof may be altered to
decrease its non-conformity.
7. That should such use and/or structure be moved for any reason to whatever distance, it shall
thereafter conform to the regulation of the zone in which it is moved or relocated
8. That such non-conforming use and/or structure should not cause nuisance effects to its
neighborhood, such as but not limited to pollution of whatever form (air, noise, land, water,
etc.), undesirable traffic (whether vehicular or pedestrian) and the like and should further not
pose health and safety hazards and as further provided in the Performance Standards provision
of this Ordinance.
9. The owner of a non-conforming use and/or structure shall program the phase-out and
relocation within ten (10) years from the effectivity of this Ordinance.
Section 42. Responsibility for Administration and Enforcement - This Ordinance shall be enforced and
administered by the Local Chief Executive through the Zoning Administrator/Zoning Officer who shall be
appointed by the former in accordance with existing rules and regulations on the subject.
Section 44. Powers and Functions of a Zoning Administrator/Zoning Officer - Pursuant to the
provisions of EO 72 implementing RA 7160 in relation to Sec. 5,Paragraph a and d, and Section 7 of
Executive Order No. 648 dated 07 February 1981,the Zoning Administrator shall perform the following:1.
Enforcement a. Act on all applications for Locational Clearance b. Issuance of Notice of Non-
Conformance to owners/ operators of uses, buildings or structures that are non-conforming to the
applicable provisions of this Ordinance. c. Monitor on-going/existing projects and issue Notices of
Violation and Show Cause Order to owners, developers, or managers of projects that are in violation of
the provisions of the integrated ZO. d. Coordinate with the Philippine National Police (PNP) for
enforcement of all orders and processes issued in the implementation of this Ordinance. e. Coordinate
with the City Fiscal and/or City Legal Officer for other legal actions/remedies relative to the foregoing.2.
Planning Coordinate with the Regional Office of the HLURB regarding proposed amendments to the
integrated ZO prior to adoption by the Sangguniang Panlungsod/Bayan.
Section 45. Complaints and Oppositions - A complaint for violation of any provision of the integrated ZO
or any clearance or permit issued pursuant thereto shall be filed with the LZBA. Oppositions to
applications for Locational Clearance, Variance or Exception shall be treated as a complaint and shall
likewise be filed with the LZBA.
Section 46. Functions and Responsibilities of the Local Zoning Board of Appeals - There is hereby
created a LZBA which shall perform the following functions and responsibilities:
a. Variances
b. Exceptions
3. Act on appeals regarding the non-conformity of existing uses, buildings or structures to the
applicable provisions of this Ordinance.
4. Decisions of the LZBA shall be carried by an absolute majority vote (50% + 1) of its members.
Section 47. Appeals to LZBA Decisions - Decisions of the LZBA shall be appeal able to the HLURB.
Section 48.Composition of the Local Zoning Board of Appeals (LZBA) - The LZBA shall be composed of
the following members:
2. SP Committee Chairperson on Land Use/Zoning (If said committee is nonexistent, the SP may
elect a representative)
4. City Assessor
5. City Engineer
6. City Planning and Development Coordinator (if other than the Zoning Administrator/Zoning
Officer)
7. City Environment and Natural Resources Officer/Disaster Risk Reduction and Management
Officer
9. Two (2) representatives from non-government and civil society organizations nominated by
their respective organizations.
The City Planning and Development Office shall serve as the Secretariat to the LZBA.
The LZBA may invite resource persons in support of the performance of its functions.
Section 49. Review of the Zoning Ordinance - The Local Zoning Review Committee (LZRC) is hereby
created under the City Development Council, to review the integrated ZO considering the CLUP, based
on the following reasons/ situations:
Section 50. Composition of the Local Zoning Review Committee (LZRC) – The Local Zoning Review
Committee shall be composed of the following:
4. City Assessor
7. City Environment and Natural Resources Officer/Disaster Risk Reduction and Management
Officer
8. City Agriculturist
10. Three (3) Private Sector Representatives such as from Local Chamber of Commerce, local
housing industry, federation of homeowner’s associations, and academe.
11. Two (2) non-government and civil society organization representatives The City Planning and
Development Office shall serve as the Secretariat to the LZRC. The LZRC may invite resource persons in
support of the performance of its functions.
Section 51. Functions of the Local Zoning Review Committee - The Local Zoning Review Committee shall
have the following functions:
b. Recommend changes to be introduced in the Comprehensive Land Use Plan and the
Zoning Ordinance in the light of permits granted such as variances and exceptions, and
increasing applications for rezoning and reclassification.
3. Coordinate with HLURB of the recommended changes to the integrated ZO as a result of its
review.
Section 52. Amendments to the integrated ZO - Changes in the integrated ZO, as result of the review by
the LZRC shall be treated as an amendment, provided that any proposed amendment to the Zoning
Ordinance or provisions thereof shall be subject to public hearing and shall be carried out through a
three-fourths vote of the Sangguniang Panglungsod. Any amendment shall take effect only after
approval and authentication by HLURB or Sangguniang Panlalawigan.
Section 53. Violation and Penalty - Any person who violates any of the provisions of this Ordinance,
shall, upon conviction, be punished by a fine or imprisonment as provided under the Local Government
Code or both at the discretion of the Court. In case of violation by a corporation, partnership or
association the penalty shall be imposed upon the erring officers thereof.
Section 54. Suppletory Effect of Other Laws and Decrees - The provisions of this Ordinance shall be
without prejudice to the application of other laws, presidential decrees, letters of instruction and other
executive or administrative orders vesting national agencies with jurisdiction over specific land areas,
which shall remain in force and effect, provided that land use decisions of the national agencies
concerned shall be consistent with the Comprehensive Land Use Plan of the locality
Section 55. Non-Diminution of National Standards - The rules and standards provided in this ZO shall
conform to the rules and standards provided by national agencies and shall not in any way diminish
those that have been set by national laws and regulations
Section 56. Consistency between National and Local Plans, Programs and Projects - Plans, programs
and projects of national agencies that will be implemented within the locality, shall as much as
practicable, be consistent with the provisions of the ZO.
Section 57. Separability Clause - Should any section or provision of this Ordinance be declared by the
Courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a
whole or any part thereof other than the part so declared to be unconstitutional or invalid.
Section 58. Repealing Clause - All ordinances, rules or regulations in conflict with the provisions of this
Ordinance are hereby repealed, provided that the rights that are vested upon the effectivity of this
Ordinance shall not be impaired.
Section 59. Effectivity Clause - This Zoning Ordinance takes effect upon approval by the Sangguniang
Panlalawigan (SP)/Housing and Land Use Regulatory Board (HLURB) and after compliance with the
publication requirements of the Local Government Code. Approved this ___ day of ____________, 2017
in City of Mabalacat, Province of Pampanga.