Professional Documents
Culture Documents
“The use of property bears a social function and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collection organizations, shall have the rights to own, establish,
and operate economic enterprises subject to the duty of the state to promote distributive
justice and to intervene when the common good demands.”
“The congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social and economic
inequalities. To this end, the state shall regulate the acquisition, ownership, use, and
disposition of property and its increments.”
WHEREAS, the achievement of this constitutional mandate requires the planning for
and regulation of land use;
WHEREAS, the national leadership cognizant of its obligation to the country and its
people has promulgated laws and executive orders, specifically, Republic Act 7160 or the
Local Government Code of 1991 and Executive Order 72 to support and emphasize
planning activities and to promote land and community development control. The Local
Government Code provides that:
“Local government units shall, in conformity with existing laws, continue to prepare
their respective comprehensive land use plans enacted through zoning ordinances which
shall be the primary and dominant bases for the further use of land resources…
“Provided, that the requirements for food production, human settlement, and the
industrial expansion shall be taken into consideration in the preparation of such plans.”
WHEREAS, the implementation of a comprehensive land use plan would require the
enactment of regulatory measures to translate the City’s vision, goals, objectives, and
development thrusts into reality
Table of Contents
Section 50. Coastal Wetlands Conservation Area Overlay Zone (CWC-OZ) .................... 68
Section 101. Provisions for Road Widening and Road Rights-of-way .................................. 96
Section 110. Agricultural Land Conservation and Preservation Criteria ........................... 102
Section 133. Existing Non-Conforming Uses, Buildings, and Structures .............................. 118
Section 144. Composition of the Local Zoning Review Committee (LZRC) ..................... 125
Section 145. Functions of the Local Zoning Review Committee (LZRC) ........................... 126
Section 150. Suppletory Effect of Other Laws and Decrees ................................................ 129
Section 152. Consistency Between National and Local Plans ............................................ 129
Section 153. Building Permits Issued Prior to the Approval of this Ordinance .................. 129
List of Maps
List of Tables
List of Figures
ARTICLE I:
TITLE OF THE ORDINANCE
This ordinance shall be known as the Integrated Zoning Ordinance of the City of
Kabankalan of 2018 and shall be referred to as the Ordinance.
ARTICLE II:
DECLARATION OF PRINCIPLES
Land is limited national resources and as such must be managed for the welfare of
all in accordance with the City’s Comprehensive Land Use Plan.
The City’s land shall therefore be used in the most rational, equitable, beneficial,
and efficient manner as to prevent the mixture of incompatible land uses (e.g. residential
with industrial), mitigate the effects of environmental hazards (e.g. flood, landslide, karst
subsidence), and avoid blight, depression, and artificial scarcity of urban land resources.
The effective management of the City’s natural resources vis-à-vis human land use
activities shall therefore be enforced to achieve and maintain environmental stability and
ecological integrity.
The City shall also adopt a Sustainable Urban Design and Green Building Code and
Renewable Energy Development Plan.
The City’s land and water resources shall be used in a manner that provides
sufficient and affordable food products that meet the dietary needs of present and future
generations through local production, importation, or a combination of both. However,
Food sufficiency, or the ability to meet these needs solely through local production, shall
be pursued, especially for rice and white corn.
Agricultural land within the City shall not be prematurely re-zoned or re-classified
without serious consideration of its effects on the City’s food self-sufficiency.
Kabankaleños shall be kept safe from natural hazards through zoning regulations
that integrate climate change adaptation measures and disaster risk reduction and
management.
Kabankaleños from all economic categories and all marginalized sectors shall
have equitable access to land, financial, and other resources. The City shall adopt and
promote an MSME Development Plan to support and encourage entrepreneurial activity
in lower economic categories.
Housing shall also be inclusive, (1) allowing economic, social, affordable, open
market, and luxury housing within the General Residential Zone, and (2) allowing a variety
of housing types within the same zone.
The City’s culture shall be preserved through books, paintings, sculptures, artifacts,
digital documents, images, videos and audios, and shall be stored and collected in
national- or locally-protected libraries, museums, galleries, and heritage houses and other
structures. Furthermore, given that the City’s name originated from the Bancal Tree,
planting of the said tree shall be encouraged in parks, gardens, buffers, and other open
spaces.
The City shall ensure that its indigenous people maintain the exclusive right to plan,
develop, use, and control lands within their ancestral domain. The City shall continue to
support its indigenous people through the provision of economic, social, and
administrative infrastructure, and other needs.
Section 9. Spirituality
ARTICLE III:
AUTHORITY AND PURPOSE
2. Guide, control, and regulate future growth and development of the City of
Kabankalan in accordance with its Comprehensive Land Use Plan (2018-2027).
3. Promote the optimum use and allocation of land within the City.
4. Promote and protect the health, safety, peace, morals, comfort, convenience,
and general welfare of Kabankaleños.
5. Regulate location and activities in a given land use in such a manner as to promote
innovation, creativity, order, safety, convenience, mobility, efficiency,
sustainability, resilience, livability, morality, spirituality, responsibility, and other
community values.
10. Help ensure inclusive growth within Kabankalan as a premiere agri-industrial and
premiere commercial center in the Province of Negros Occidental.
This Ordinance is based on the approved Comprehensive Land Use Plan (2018-
2027) as per Resolution No. 2018-___ dated __________, 2018 for the City of Kabankalan,
Negros Occidental.
1. This Ordinance reflects the City’s vision to be " A progressive city of peace, unity,
and culture in an ecologically-balanced, God-fearing, and empowered society
under a transparent and responsive governance in a premier agro-industrial,
commercial, ecotourism, and educational center.”
2. The local government unit recognizes that any land use is a use by right but
provides that the exercise of such right shall be subject to the review standards of
this Ordinance.
3. This Ordinance provides the maximum opportunity to the real estate market to spur
the City’s development within a framework of environmental integrity and social
responsibility.
6. This Ordinance functions as a tool for informed decision-making on the part of land
use administrators by way of providing specific criteria to judge the acceptability
of new development projects.
7. This Ordinance provides a direct venue for community empowerment where the
stakeholders become involved especially in critical development decisions.
8. The regulations in this Zoning Ordinance are considered as land use management
tools that are necessary to provide a clear guidance to land development in order
to ensure the community’s common good.
9. This Ordinance is based on the approved Comprehensive Land Use Plan (2018-
2027).
ARTICLE IV:
DEFINITION OF TERMS
The definition of technical terms used in the Ordinance shall carry the same
meaning given to them in already approved codes and regulations, such as, but not
limited to the National Building Code, Philippine Environmental Code, Urban Development
and Housing Act (UDHA), and other laws and their implementing rules and regulations. The
words, terms and phrases used in this ordinance are hereby defined in Annex “A” of this
Ordinance which is attached herewith and made an integral part hereof and they shall
be construed as being covered by such terms.
The words and terms employed in this Ordinance shall be interpreted and
understood liberally in the generic sense unless otherwise indicated and shall, as far as
practicable, be construed in favor of applicants seeking to comply with the provisions
hereof.
a. Generic terms, such as others and the like, etc. shall be construed to mean as
including all specific terms similar to or compatible with those enumerated;
b. The singular includes the plural, subject to intensity regulations;
c. The present tense includes the future tense;
d. The word “person” includes both natural and juridical persons;
e. The word “lot” includes the phrase plot or parcel;
f. The term “shall” is always mandatory; and
g. The word “used” or occupied as applied to any land or building shall be
construed to include the words “intended”, “arranged”, or designed to be
“used or occupied”.
ARTICLE V:
ZONE CLASSIFICATIONS
To effectively carry out the provisions of this Ordinance, the City of Kabankalan is
hereby divided into the following Base Zones. Base Zones refer to the primary zoning
classification of areas within the City and that are provided with a list of allowable uses and
regulations on building density and bulk, among others.
Zoning
Zoning Classification
Code
19 Parks and Recreation Zone PR-Z
20 Cemetery/Memorial Park Zone C/MP-Z
21 Utilities, Transportation, and Services Zone UTS-Z
22 Planned Unit Development Zone PUD-Z
The following are designated as Overlay Zones or “transparent zones” that are
overlaid on top of the Base Zone or another Overlay Zone that provides an additional set
(or layer) of regulations. These additional layers of regulations may pertain to additionally
allowable uses, building density and bulk and building/structure design that are deemed
necessary to achieve the objectives for the Overlay Zone.
The Official Zoning Maps shall be signed by the Mayor, attested by the Secretary of
the Sangguniang Panlungsod, shall bear the seal of the City, and shall be distributed as
follows:
Consistent with the City’s vision of creating a “progressive city under a transparent
governance," the Official Zoning Maps printed in standard color codes and with minimum
dimensions of 1.20m x 1.20m, must be conspicuously displayed in the following offices:
Zoning maps for each barangay shall also be posted in the respective barangay
hall for public information and guidance of the public. These should similarly be printed in
standard color codes and minimum dimensions of 1.20m x 1.20m.
In the event that the Official Zoning Maps are damaged, destroyed, lost, or
becomes difficult to read or interpret because of the nature or number of amendments,
the Sangguniang Panlungsod may pass a resolution adopting new Official Zoning Maps
which shall supersede the prior Official Zoning Maps.
Unless the prior Official Zoning Maps have been lost or have been totally destroyed,
the prior maps or any significant parts thereof remaining, shall be preserved, together with
available records pertaining to their adoption or amendment.
The locations and boundaries of the above-mentioned various zones into which
the City of Kabankalan has been divided are hereby identified and specified as follows:
Zoning Zoning
Location
Classification Code
16 Industrial-2 Zone I2-Z • Areas previously zoned as industrial
southeast of the Poblacion
17 Industrial-3 Zone I3-Z • Areas previously zoned as industrial
southeast of the Poblacion
18 General Institutional GI-Z • Areas with potential for institutional
Zone development and all institutional
establishments such as administrative,
health, educational, protective, and
social welfare buildings, compounds,
and complexes
19 Parks and PR-Z • Areas with potential for parks and
Recreation Zone recreational development and all
existing parks, courts, and other
recreational establishments
20 Cemetery/Memorial C/MP-Z • All existing cemeteries and memorial
Park Zone parks
21 Utilities, UTS-Z • National, city, barangay, and private
Transportation, and roads
Services Zone • Transportation terminals
• Airport
• Materials recovery facility and sanitary
landfill
22 Planned Unit PUD-Z • Master planned estates or haciendas
Development Zone such as Starke
23 Flood Overlay Zone FLD-OZ • Areas with moderate to high flood
hazard
24 Landslide Overlay LSD-OZ • Areas with moderate to high ground-
Zone shaking induced and rain-induced
landslide hazard
25 Karst Subsidence KSS-OZ • Areas with the risk of karst subsidence
Overlay Zone
26 Ancestral Domain AD-OZ • Area covered by the Bukidnon-
Overlay Zone Karulano Certificate of Ancestral
Domain Title (CADT)
27 Key Biodiversity KBA-OZ • Ban-Ban Terrestrial Key Biodiversity
Area Overlay Zone Area
• Southwestern Negros Terrestrial Key
Biodiversity Area
28 Coastal Wetlands CWC- • Areas delineated in the City
Conservation OZ Ordinance “The City of Kabankalan
Overlay Zone Coastal Wetlands Conservation Area
of 2017”
Zoning Zoning
Location
Classification Code
29 Ecotourism Overlay ETM-OZ • Mag-Aso Falls
Zone • Balicaocao Highland Resort
30 Scenic Corridor SCD-OZ • Areas directly at the front and rear of
Overlay Zone the City Hall
31 Urban Corridor UCD-OZ • Lots fronting the National Highway
Overlay Zone from Himamaylan to Ilog and to
Mabinay.
32 Airport Overlay APT-OZ • 2-kilometer radius from the end of the
Zone runway and 1 kilometer from the
airport complex
The following rules shall apply in the interpretation of the boundaries indicated on
the Official Zoning Maps:
• Where zone boundaries are so indicated that they approximately follow the center
of streets or highway, the streets or highways right-of-way lines shall be construed
to be the 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
the center lines or right-of-way lines of streets and highways, such zone boundaries
shall be construed as being parallel thereto and at such distance therefrom as
indicated in the zoning map. If no distance is given, such dimension shall be
determined by the use of the scale shown in said zoning map.
• Where the boundary of a zone follows a stream, lake, or other bodies of water, said
boundary line should be deemed to be at the limit of the political jurisdiction of the
community unless otherwise indicated. Boundaries indicated as following shorelines
shall be construed to follow such shorelines and in the event of change in the
shorelines, shall be construed as moving with the actual shorelines.
• Where a lot of one ownership is divided by a zone boundary line, the lot shall be
construed to be within the zone where the major portion of the lot is located. In
case the lot is bisected by the boundary line, it shall fall in the zone where the
principal structure falls.
• Where zone boundaries are indicated by lot parcels or said to be one lot deep, this
should mean that the said zone boundaries are defined by the parcellary
subdivision existing at the time of the passage of this Ordinance.
• The textual description of the zone boundaries shall prevail over that of the Official
Zoning Maps.
ARTICLE VI:
BASE ZONE REGULATIONS
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 the
requirements of the Mitigating Devices provision of this Ordinance. Allowance of other uses
shall be based on the intrinsic qualities of the land and the socio-economic potential of
the locality with regard to the maintenance of the essential character of the zone.
Building Regulations
Pursuant to the City’s vision of becoming a god-fearing society, the following uses
and activities are strictly prohibited in all zones within the City:
• Sale and distribution of contraband and pirated goods such as CDs, DVDs,
mobile application software, digital music, digital movies; sale of stolen goods
such as mobile phones and jewelry; and other black-market activities.
• Commercial gambling activities, such as, but not limited to:
o Casinos and other gambling centers,
o Online gambling, e-Casinos, or e-Games, such as those operated by
Philippine Offshore Gaming Operator (POGO) licensees,
o Jueteng,
o Lotto terminals,
o Jai alai off-fronton betting stations,
Also, consistent with the City’s vision of achieving and maintaining ecological
balance, the following are strictly prohibited in all zones within the City:
Per the Revised Forestry Code, these are “lands of the public domain which have
been the subject of the present system of classification and determined to be needed for
forest purposes. Also called Permanent Forest.”
• Reforestation
• Biodiversity conservation
Conditional Uses/Activities
Prohibited Uses/Activities
Overriding Regulations
This “refers to lands of public domain which have been proclaimed by the President
of the Philippines for specific purpose such as town sites, resettlement areas, ancestral
lands, etc.”
Within the City, this zone is specifically identified as the Central Philippine State
University reservation, established by virtue of Presidential Proclamation 49 in 1953.
• All uses allowed in accordance with the Land Use Plan or Master Development
Plan of the Central Philippines State University (CPSU).
Building Regulations
Per DENR DAO No. 2004-59, this is an area where “all types of legal uses of the
forestlands other than the production of timber and non-timber resources which are
covered by other agreements, such as, but not limited to Integrated Forest Management
Agreement (IFMA), Socialized Industrial Forest Management Agreement, etc.” may be
allowed.
However, for the purposes of this Ordinance, this zone shall also include areas
covered by such agreements (e.g. CBFMA) as well as other forest and forestlands not
reserved for strict protection.
Special Forest Landuse Agreements (FLAg, see Definition of Terms) may also be
granted within this zone subject to the rules and regulations stated in the DENR’s
Department Administrative Order 2004-59.
• Reforestation
• Organic vegetable farm
• Demonstration farm
• Plant nursery
• Botanical garden
• Orchidarium
• Wildlife sanctuary
• Wildlife rescue center
• Arboretum for high-value indigenous forest trees for research and educational
purposes (e.g. Philippine mahogany)
Conditional Uses/Activities
• The Special Forest Landuse Agreements shall be subject to land area limits:
Prohibited Uses/Activities
Overriding Regulations
Building Regulations
Per the AFMA, these include the Network of Protected Areas for Agriculture and
Agro-industrial Development (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 agro-industrial
development and promote sustainable growth.”
However, this Zoning Ordinance primarily intends to reserve this zone for ensuring
the City’s food self-sufficiency through local production of rice. Conversion to other land
uses and to other agricultural crops such as sugarcane shall be strictly prohibited and
violations shall be fined with the maximum penalty.
• Agricultural research and experimentation facilities for rice and white corn
• Ancillary dwelling units/farmhouses for tenants, tillers, and laborers
• Farmers’ cooperative office, hall, training center, and storage room
• Irrigation dikes, water reservoirs, farm-to-market roads, and other related
infrastructure
Conditional Uses/Activities
Prohibited Uses/Activities
Overriding Regulation
• In the interest of food sufficiency and nutrition sufficiency, the allowed uses of
this zone may be expanded and the land area may be increased in a special
interim revision of this ordinance (earlier than 2027) pursuant to the estimated
land requirements detailed in the City’s Food Self Sufficiency Plan. The increase
in land area shall include the protection of agricultural land for the production
of other staple food that are needed to meet daily nutritional requirement of
each Kabankaleño as well as supply buffers for emergencies.
Building Regulations
• Sugarcane plantation
• Organic production of other high value crops
• Cultivation, raising, and growing of staple crops such as rice, white corn, and
the like
• Organic vegetable farm
• Demonstration farm
• Plant nursery
• Herbal/medicinal plantation
• Growing of diversified plants and trees, such as fruit and flower bearing trees
• Silviculture, mushroom culture, and the like
• Pastoral activities such as goat and cattle raising
Conditional Uses/Activities
Prohibited Uses/Activities
• Multi-pass corn mills and rice mills which shall only be allowed within the
Industrial-2 Zone
• Commercial-scale processing of agricultural products into higher value
commodities such as sweets, soft drinks, sugar, syrups, molasses, and fuel
ethanol from sugarcane, which shall only be allowed within industrial zones
Building Regulations
• Mangrove plantation
Conditional Uses/Activities
Prohibited Uses/Activities
• Reclamation
• Floatels and accommodation on stilts
• Mariculture structures such as fish pens
• Aquaculture structures such as dikes
• Conversion to residential, commercial, institutional, industrial, and other uses
Building Regulations
This zone includes all rivers, creeks, and other flowing bodies of water within the
City.
• Recreation
• Slope protection
• Flood protection
• Dredging projects
• Bamboo plantation
• Bancal plantation
• Promenade, esplanade, linear park, and other water or river park-related
developments
Conditional Uses/Activities
Conditional Uses/Activities
Prohibited Uses/Activities
• Reclamation
• Floatels and accommodation on stilts
• Residences
• Latrines
• Tilling of riverbanks
• Fishing structures such as fish pens
• Washing of clothes and other domestic uses
• Discharge of untreated sewage and septage
Building Regulations
Per the Fisheries Code, this an area within the Municipal Waters Zone of the City
designated for “fishery operations involving all forms of raising and culturing fish and other
fishery species in fresh, brackish, and marine water areas.”
• Aquaculture
Conditional Uses/Activities
• Indoor agriculture and aquaculture provided that solid and liquid waste
management facilities such as STP are integrated.
• Eco-tourism and Agri-Tourism, provided that:
o Eco-tourism activities such as hiking, cycling, and camping are
registered with the City Tourism Office, Barangay office, and offices or
Building Regulations
An area within the Municipal Waters Zone of the City where only municipal fishing,
as defined in the Fisheries Code, is allowed.
Conditional Uses/Activities
Prohibited Uses/Activities
Building Regulations
This is an area within the City intended principally for dwelling/housing purposes.
o Socialized
o Economic
o Low-Cost
o Mid-Cost
o High-End
Conditional Uses/Activities
Prohibited Uses/Activities
• LPG dealer
• Funeral establishments (all categories)
Building Regulations
• Per the relevant provisions of the NBC, P.D. 957 and this Ordinance.
Existing areas within the City designated for housing programs and projects
covering houses and lots or home lots only undertaken by the Government or the private
sector for the underprivileged and homeless citizens (UDHA).
• All uses allowed according to the provisions of B.P. 220 such as:
o Rowhouses or tenements
o Parks and playgrounds
o Neighborhood multi-purpose center
o Convenience/retail center
o Elementary school
o High school
o Tricycle terminal
Conditional Uses/Activities
• Sales of liquor
Prohibited Uses/Activities
Building Regulations
A low-density commercial area within the City intended for barangay, subdivision,
neighborhood, or community-scale trade, service, and business activities.
o Body-building gym
• Events place rentals
• Car wash
• Auto repair and tire vulcanizing shops
• Manufacture of insignia, badges, and similar emblems except metal
• Construction supply stores/depots
• Warehouse/storage facility for non-pollutive/non-hazardous finished products
(factory-oriented, distribution center, bulk storage, special commodity, and
container yard)
• Children’s park, freedom park, pocket park, linear park, parkway, parklet,
esplanade, promenade, playground, play lot, lawn, zen garden, and prayer
garden
• Vocational/technical schools (e.g. TESDA training centers)
• Review centers for professional board examinations (e.g. forestry, social worker,
environmental planner)
• Training and testing centers for international language examinations (e.g. IELTS,
TOEFL)
• Training centers for IT-BPM services
• Special Education (SPED) schools
• Short-term special education like:
o Art schools
o Dance schools
o Schools for self-defense
o Driving schools
o Speech clinics
o Tutorial centers
• Other libraries, galleries, and museums
• Self-storage warehouses
• Power station site
• Right-of-way (including but not limited to transmission line right-of-way (TLRW)
and communication right-of-way (CRW)
• Minor transportation terminal and waiting sheds
Conditional Uses/Activities
Prohibited Uses/Activities
Building Regulations
A medium to high-density commercial area within the City intended for city-wide
trade, service, and business activities.
• Shops for repacking of food products e.g. fruits, vegetables, sugar and other
related products
• Minor transportation terminals and waiting sheds
Conditional Uses/Activities
Prohibited Uses/Activities
Building Regulations
A high-density commercial area within the City intended for regional shopping
centers such as large malls and other commercial and business activities which are
regional in scope or where market activities generate traffic and require utilities and
services that extend beyond local boundaries and requires metropolitan level
development planning and implementation.
Allowable Uses/Activities
Conditional Uses/Activities
An area within the City intended for light manufacturing or production industries
that are:
1. non-pollutive/non-hazardous; and
2. non-pollutive/hazardous
• Food commissary
• Ice plants
• Cold storage facilities
• Food processing and packaging which includes:
o Biscuit factory—manufacture of biscuits, cookies, crackers, and other similar
dried bakery products
o Doughnut and hopia factory
o Manufacture of macaroni, spaghetti, vermicelli, and other noodles
o Other bakery production not elsewhere classified (n.e.c.)
o Quick freezing and cold packaging for fruits and vegetables
o Popcorn/pop rice factory
o Small-scale manufacturing of ice cream
o Dairies and creameries
o Steamed native food products (puto, siopao, etc.)
• Manufacture of scientific, medical, dental, optical, and other related products
which include:
o Manufacture of laboratory and scientific instruments, barometers, chemical
balance, etc.
o Manufacture of measuring and controlling equipment, plumb bob, rain
gauge, taximeter, thermometer, etc.
o Manufacture or assembly of surgical, medical, and dental equipment and
furniture
o Manufacture of medical/surgical supplies, adhesive tapes, antiseptic
dressing, sanitary napkins, surgical gauge, etc.
o Manufacture of orthopedic and prosthetic appliances (abdominal
supporter, ankle supports, arch support, artificial limb, kneecap supporters,
etc.)
o Manufacture or assembly of optical instruments
o Manufacture of eyeglasses and spectacles
o Manufacture of optical lenses
• Manufacture of musical instruments and related products which include:
o Manufacture of pianos
o Manufacture of string instruments
o Manufacture of wind and percussion instruments
Conditional Use/Activity
• Industrial subdivisions (see Definition of Terms and Special Uses) which may be
designated as a Special Economic Zone (Industrial Estate or Export Processing
Zone).
1. pollutive/non-hazardous; and
2. pollutive/hazardous.
Conditional Use/Activity
• Industrial subdivisions (see Definition of Terms and Special Uses) which may be
designated as a Special Economic Zone (Industrial Estate or Export Processing
Zone).
Prohibited Uses/Activities
An area within the City intended for heavy manufacturing or production industries
that are:
1. highly pollutive/non-hazardous
2. highly pollutive/hazardous
3. pollutive/extremely hazardous
• Sugar-related industries:
o Sugar cane milling (centrifugal and refined)
o Sugar refining
o Muscovado sugar mill
• Manufacture of food and related products which include:
o Vegetable oil mills, including coconut oil
o Manufacture of refined cooking oil and margarine
o Manufacture of vegetable and animal oils and fats n.e.c.
• Manufacture of other products which include:
o Cotton textile mill
o Ramie textile mill
o Rayon and other man-made fiber textile mill
o Bleaching and drying mills
o Manufacture of narrow fabrics
o Tanneries and leather finishing plants
o Pulp mill
o Paper and paperboard mills
o Manufacture of fiberboard
o Manufacture of soap and cleaning preparations
o Manufacture of lime and lime kilns
o Manufacture of plaster
Conditional Use/Activity
• Industrial subdivisions (see Definition of Terms and Special Uses) which may be
designated as a Special Economic Zone (Industrial Estate or Export Processing
Zone).
Prohibited Uses/Activities
An area within the City intended principally for general types of institutional
establishments.
• Fire stations
• Other government buildings
• Colleges, universities, professional business schools, vocational and trade
schools, technical schools, and other institutions of higher learning
• Information technology schools and training centers including A.I. and robotics
research, and training for BPOs, KPOs, game testing and programming, and
other high-value outsourcing services
• Learning facilities such as training centers, seminar halls, and libraries
• Scientific, cultural, and academic centers and research facilities
• Specialty schools
• Centers and offices for philanthropic or charitable institutions, non-profit
organizations, people’s organizations, etc.
• Museums, exhibition halls, and art galleries
• Convention center and related facilities
• Civic centers and community centers
• General hospitals, medical centers, specialty hospitals, medical, dental and
similar clinics
• Places of worship such as churches, mosques, temples, shrines, chapels
• Spiritual centers such as prayer houses, retreat houses, seminaries, and
convents
• Social welfare center
• Family life resource center
• Senior citizen center
• Home for the aged
• Residential care facility for children
• Orphanage
• Boys’ Town
• Girls’ Town
• PWD halfway house
• “Teen Bayan Center”
• Rehabilitation centers (drug addicts, alcoholics, and unwed mothers)
• Psychosocial and mental health facility
• Transitional housing facility
• “Bahay Pag-asa”
• Rehabilitation and vocational training centers for unwed mothers, physically,
mentally, and emotionally handicapped, and similar establishments
• Children’s park, freedom park, pocket park, linear park, parkway, parklet,
esplanade, promenade, playground, play lot, plaza, lawn, zen garden, and
prayer garden
• Customary accessory uses incidental to any of the above uses such as:
o Staff houses/quarters
o Offices
o Canteens
o Parking lots/garage facilities
o Bicycle parking lots
o Storerooms and warehouses but only as may be necessary for the efficient
conduct of the business
o Pump houses
o Generator houses
• Minor transportation terminal and waiting sheds
Conditional Uses/Activities
• Funeral establishments (Category II and III, see Definition of Terms and Special
Uses)
• The following uses shall be allowed provided that such uses are located at a
considerable distance (at least 1 kilometer away) from planned and existing
residential developments:
o Rehabilitation, technical/vocational training centers, and recreational
centers for ex-convicts, drug addicts, ex-sanitaria inmates, and similar
establishments
o Jails, prisons, reformatories, penitentiaries, detention facilities, and other
penal and correctional institutions
o Psychiatric facilities, such as mental hospitals and mental sanitariums or
asylums.
Prohibited Uses/Activities
• Children’s park, freedom park, memorial park, pocket park, linear park,
parkway, parklet, esplanade, promenade, playground, play lot, lawn, zen
garden, and prayer garden
• Theme parks
• Circus, carnivals, and fairs
• All types of resort complexes such as sports clubs or those providing
accommodation, sports, dining, and other leisure facilities
• Open air or outdoor sports activities and support facilities, including
o Sports oval or track and field,
o Low-rise stadium, coliseum, and amphitheaters,
o Swimming pools,
o Athletic fields, football fields, and soccer fields,
o Basketball courts, volleyball courts, tennis courts, and badminton courts
o Skating rinks and skateboard parks,
o Water parks, zorb parks, and paintball/airsoft fields
o Team-building facilities and obstacle courses
o Mini-golf courses, and
o Other similar uses
• Indoor sports activities and support facilities, including:
o Gymnasium,
o Rock-climbing or wall-climbing gym,
o Trampoline park,
o Parkour park,
o Boxing gym, mixed-martial arts gym, martial arts dojo,
o BMX and skating park, and
o Other similar uses
• Nature parks such as:
o Aviary
o Apiary / bee farm
o Zoological parks
o Wildlife parks
o Botanical gardens
o Horticultural nursery
o Other nature parks
• Open space buffers and easements
• Parking structures/facilities
• Bicycle parking areas
• Customary accessory uses incidental to any of the above uses such as:
o Monuments
o Shrines
o Statues
o Memorials
o Kiosks
o Gazebos
o Water elements such as fountains, falls, lagoons, and streams
o Restrooms
o Park office
o Staff houses/quarters
o Eateries/canteens/carinderias
o Parking lots/garage facilities
o Storerooms and warehouses but only as may be necessary for the
efficient conduct of the business
o Pump houses
o Generator houses
• Minor transportation terminal and waiting sheds
Conditional Uses/Activities
o Such activities are registered with the City Tourism Office, Barangay
office, and offices or agencies as needed, and permitted upon
payment of an environmental management fee;
o Such activities are regulated following a Tourism Carrying Capacity
Study; and
o Such activities must be regulated following a Tourism Master
Development Plan for the City.
Prohibited Uses/Activities
An area within the City intended for the interment of the dead.
• Shrines
• Monuments
• Memorial museum
• Administrative office
• Commercial buildings or lots for funeral establishments (all categories), flower
shops and other related establishments
• Parking structures/facilities
• Parks, playgrounds, pocket parks, parkways, and promenades
• Toilet facilities
• Minor transportation terminal and waiting sheds
Conditional Uses/Activities
Prohibited Uses/Activities
• Crypt
• Roads
• Land transportation terminals
• Vehicle impounding areas
• Offices for LTO, LTFRB, and other vehicle-related offices and agencies
• Grand or regional intermodal transportation terminal which shall include:
o Provincial bus terminal
o City bus terminal
o Provincial jeepney terminal
o Tricycle terminal
o Tourism transportation terminal
o Tourism information center
o Tourism shops (e.g. souvenirs, gears, supplies, OTOP, local products)
o Tourism agencies and tour guide services
o Inns and capsule hotels
Conditional Uses/Activities
o Composting facilities
o Ecowaste to green charcoal conversion facility
o Facilities for converting used oil into other uses (e.g. soap)
o Facilities for processing leachate into organic fertilizer
o Manufacture of other organic fertilizers
• Junk yards and scrap yards, provided that:
o Such developments include a materials recovery facility,
o Are registered with the City Environment and Natural Resources Office, and
o Are consistent and compliant with the City’s Ecological Solid Waste
Management Plan
• Automobile wrecking yards
Prohibited Uses/Activities
This is a zone within the City that is comprehensively planned through a single site
development plan which permits flexibility in planning/design, building siting,
complementarity of building types and land uses, usable open spaces, and the
preservation of significant natural land features.
Prohibited Uses/Activities
Any city property or city-funded project located outside the City of Kabankalan
shall be classified based on its present, actual, and lawful use.
ARTICLE VII:
OVERLAY ZONE REGULATIONS
Overlay zones are “transparent zones” that are overlaid on top of the Base Zones
or other Overlay Zones that provide an additional set (or layer) of regulations. These
additional layers of regulations may pertain to additionally allowable uses, building density
and bulk and building/structure design that are deemed necessary to achieve the
objectives for the Overlay Zone.
FLD-OZ regulations are applied in areas that have been determined in the CLUP as
moderately, highly, and very highly vulnerable to flood. The objective of the Flood Overlay
Zone is to protect lives and properties 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.
Locational Clearances shall only be issued upon the satisfaction of the following
conditions:
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.
Prohibited Uses
• 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, bioswales, etc. that can decrease the flow and make productive use of
storm water run-off.
For critical and lifeline facilities such as hospitals, fire stations, and evacuation
centers, the following shall be observed for building design and construction:
KSS-OZ regulations are applied in areas identified in the CLUP as susceptible to karst
subsidence. The objectives of these regulations are to avoid/minimize potentials for the
occurrence of sinkholes to protect both lives and properties.
Allowable Uses
Allowable uses shall be as provided in the Base Zone, subject to the following
additional regulations.
Conditional Uses
• Structures, provided that these are located at least 100 meters away from
caves and sinkholes.
• Eco-tourism, provided that:
o Eco-tourism activities such as camping, hiking, and caving are
registered with the City Tourism Office, Barangay office, and offices or
agencies as needed, and permitted upon payment of an
environmental management fee;
o The safety of caves for ecotourism has been duly certified by the
concerned office or agency;
o Such eco-tourism activities are regulated following a Tourism Carrying
Capacity Study; and
o Such activities must be regulated following a Tourism Master
Development Plan for the City.
Prohibited Uses
For caves:
• Buildings and structures exceeding two (2) storeys shall submit additional
requirements for the approval of the City Engineer as an additional requirement
for a Locational Clearance.
The objective for this Overlay Zone is to preserve the traditional way of life of IPs.
Allowable Uses
The objective for this Overlay Zone is to ensure that areas having high biodiversity
are protected.
Allowable Uses
Prohibited Uses
These are municipal waters, mangrove forests, and aquaculture sites regulated by
the ordinance, “The City of Kabankalan Coastal Wetlands Conservation Area of 2017”.
Refer to this ordinance and its related approved plan for the delineation of these sub-
zones: Core Zone, Buffer Zone, and Traditional Zone.
A. Allowable Uses/Activities
Core Zone
Buffer Zone
Traditional Zone
• Gleaning (extraction)
• Swimming
• Research
• Fishing
• Clean-up
• Boating
B. Regulated Uses/Activities
On the other hand, regulated uses/activities within each sub-zone are as follows:
Core Zone
• Bird watching
• Recreational swimming
Buffer Zone
Traditional Zone
C. Prohibited Uses/Activities
Core Zone
• Fishing
• Gleaning
• Cutting of mangroves
• Wildlife hunting
• Collection of mud crabs
• Mangrove planting within the feeding grounds of water birds
Buffer Zone
Traditional Zone
The objective for this Overlay Zone is to ensure that the dual goals of environmental
conservation and tourism economic development are attained.
Allowable Uses
In addition to those uses that may be allowed in the Base Zone, the following are
uses and activities that may be allowed in the Ecotourism Overlay Zone:
• Accommodation facilities
• Dining facilities
• Tourism-oriented retail shops (e.g. souvenirs, clothes, pasalubong, etc.)
• Foreign exchange shops/establishments
• Ecotourism facilities such as resorts should have no more than two stories.
• The maximum building footprint shall be thirty percent (30%) of the total lot
area.
SCD-OZ regulations are applied in areas identified in the CLUP as having significant
scenic values. The objective of these regulations is to preserve view access to the said
natural or man-made landscapes for the enjoyment of the general public.
Allowable Uses
Allowable uses shall be as provided in the applicable Base Zone subject to the
following additional regulations.
• The height of buildings shall be no higher than 8 meters nor shall it be more than
2 storeys.
• MAPSO: seventy percent (60%) of TLA
• USA: not less than ten percent (10%) of TLA
• Building facades and other exterior elements shall be either be painted with
earth-tone colors, made of natural stone, or covered with green walls or vertical
gardens;
• Building roofs or roof decks shall be either painted with earth-tone colors or
covered with roof gardens or sky gardens.
• Building exteriors shall not create any glare nuisance to the city hall. These
include materials such as tempered glass for walls or solar panels for roofs.
• Paved surface areas shall be constructed of permeable or semi-permeable
concrete tiles.
• Unpaved surface areas shall be landscaped with indigenous plants.
UCD-OZ regulations are applied to properties fronting both sides of National Road
from Himamaylan to Ilog and to Mabinay. These overlay regulations are intended to:
Allowable Uses
Allowable uses shall be as provided in the applicable Base Zone subject to the
following additional regulations.
• Accessibility
• Fences
o Fences along the National Road shall have a maximum height of two
(2) meters; and
o The use of green walls or vertical gardens are highly recommended.
• Façade
Conditional Uses
Prohibited Uses
The following uses or activities are prohibited along the National Highway.
This is an area in the City defined by a radius of two (2) kilometers from the end of
the airport runway and one (1) kilometer from the edge of the airport complex.
The objective for this Overlay Zone is to ensure the safe landing and take-off of
aircraft by limiting building heights around the airport.
It also ensures that no residential developments and other land uses that may be
sensitive to the noise generated by aircraft are located near and around the airport.
Allowable Uses
Conditional Uses
Prohibited Uses
Building heights for each development within the zone shall be applied for a
clearance from the Civil Aviation Authority of the Philippines (CAAP).
ARTICLE VIII:
SPECIAL USES
• Projects shall be located within suitable sites for housing and outside hazard
prone (flood, landslide, karst subsidence, etc.) and protection areas.
• The project site shall be, as much as possible, near existing sources or
connections for prioritized basic needs: water, movement and circulation,
storm drainage, solid and liquid waste disposal, parks and playgrounds, and
power.
• The site must have characteristics assuring healthful, safe, and environmentally-
sound community life.
• The site shall be stable enough to accommodate foundation load without
excessive earth moving, grading, cutting, or filling.
• The site must be served by a road that is readily accessible to public
transportation lines.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in B.P. 220 (for Socialized and Economic housing projects)
or in P.D. 957 (for all other housing projects).
• The site must be accessible to transportation lines. Roads should add to the
site’s proximity to the market center and industries where the farm produce
may be utilized.
• Basic utilities such as roads and water must be found and readily available to
adequately serve the needs of the intended/prospective farm activities.
• The site shall be accessible from employment centers and population centers
where the produce of the farm lot can be readily marketed.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in HLURB Resolution No. 750, Series of 2003, “Liberalizing
the Requirements of Certificate of Registration and License to Sell for Farmlot
Subdivisions.”
• The site shall be located in areas classified as or appropriate for industrial use.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in the HLURB Administrative Order No. 2, Series of 1992,
“Rules and Regulations for Industrial Subdivisions.”
• In line with the City’s vision of becoming an eco-tourism center, houses, hotels,
and other establishments offering accommodation services may use online
booking services such as Airbnb, Agoda, Booking.com, and Trivago. However,
these establishments must be registered with and subject to the rules and
regulations of the City Tourism Office and the DoT.
• These establishments shall be consistent with the City’s Tourism Master
Development Plan.
• The gambling activity shall only be temporary and shall not require permanent
signages, fixtures, furniture, and equipment
• The gambling activity shall only be used for charitable purposes (bingo, raffle
draw, etc.)
o At least 500 meters radius from other poultry and piggery farms (for
small-scale poultry farms)
o At least 1,000 meters radius from built-up areas such as residential and
commercial areas (for medium- and large-scale poultry farms)
o At least 1,000 meters radius from other poultry and piggery farms (for
medium- and large-scale poultry farms)
• For piggery farms:
o At least 500 meters radius from the National Highway or major road
o At least 1,000 meters radius from built-up areas such as residential and
commercial areas
o At least 1,000 meters radius from other poultry and piggery farms
• No nuisance (odor and noise) shall affect nearby residences.
• Facilities must be provided to treat sewage and septage.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in HLURB Resolution No. R-674, Series of 2000,
“Implementing Rules and Regulations to Govern the Processing of Applications
for Locational Clearance of Poultry and Piggery as Amended.”
• The site shall be at least 25 meters away from markets and food establishments.
• The site shall be at least 200 meters away from residential areas, schools,
churches, places of public assembly, funeral establishments, courts or public
offices.
• The site shall not be located within the same premises as public markets.
• A written authority to operate shall be secured from the City Health Office by
the applicant at least 90 days before the intended date of operation, and a
notice shall be posted in the City Hall to determine public opposition, if any, to
the proposed abattoir procedures must be adopted.
• Proper waste disposal, odor control and other abatement.
• The construction and maintenance of abattoirs shall conform to sanitary
standards prescribed by the Department of Health and the National Meat
Inspection Commission (NMIC).
• The site shall not be located beside the National Road, provincial roads, or city
roads if, due to the absence of ample parking space, the market shall cause
obstruction to traffic.
• The station shall comply with the standards set by the DOE.
• Charging stations for pure electric and hybrid cars are highly recommended.
• The stations shall be located beyond a linear distance of at least one hundred
(100) meters from the nearest existing filling or service station.
• The stations shall be located beyond a linear distance of at least two hundred
(200) meters from the nearest school, church, public assembly areas and social
service infrastructure (e.g. barangay halls, health centers), or residential
development.
• The stations shall not constitute safety hazards to nearby residences or
residential communities.
• The station premises shall not be used for overnight parking of trucks and
transport vehicles.
• The station premises shall not be used for mechanical and body work and other
related services.
• The stations shall have adequate firefighting equipment.
• The number of stations shall conform to standards set by the DOE.
• The location of filling stations shall be subject to the most recent, Sangguniang
Panlungsod-approved inventory of major routes.
• The number of filling stations in the City shall also be subject to a study of the
maximum allowable filling stations.
• The station shall comply with the standards set by the DOE.
• Charging stations for pure electric and hybrid cars are highly recommended.
• The stations shall be located beyond a linear distance of at least one hundred
(100) meters from the nearest existing fuel or service station.
• The stations shall be located beyond a linear distance of at least two hundred
(200) meters from the nearest school, church, public assembly areas and social
service infrastructure (e.g. barangay halls, health centers), or residential
development.
• The stations shall have adequate firefighting equipment.
• Major mechanical and body work, straightening of body parts, painting,
welding, storage of automobiles not in operating condition, or other work
involving noise, glare, fumes, smoke or other characteristics that are greater
than normally found in service stations shall not be included.
• The location of filling stations shall be subject to the most recent, Sangguniang
Panlungsod-approved inventory of major routes.
• The number of service stations in the City shall also be subject to a study of the
maximum allowable service stations.
• The site shall be within an institutional zone, particularly, in areas designated for
religious structures such as church, seminary, convent, and other places of
worship or congregational areas.
• The site may also be within premises of religious structures owned by a religious
congregation.
• Environmental and site analyses shall be conducted to ensure that the
proposed columbarium is consistent with the adjacent land uses and will not
pose hazard to the community in general.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in the HLURB Resolution No. 797, Series of 2007,
“Approving the Rules and Regulations Governing Columbarium Projects.”
• Garages for passenger buses and / or cargo transport vehicles with more than
three (3) units and garages for passenger jeepneys, taxis, and vans
accommodating more than six (6) units shall be considered only within
Commercial-3 Zone (C3-Z), Utilities, Transportation, and Services Zone (UTS-Z), or
in any industrial zone.
• No garage shall be established along the National Road.
• The open storage shall be located beyond a radius of at least two hundred
(200) meters from the nearest school, church, or residential development.
• The open storage shall not create any noise, vibration, glare, fumes, and odors
detectable to the normal senses.
• The site shall be provided with adequate fencing to prevent undue scattering
of wastes.
• Shall comply with R.A. 9003 and its implementing rules and regulations.
• Shall comply with other sanitary requirements of the DOH, the City Environment
and Natural Resources Office, and the City Health Office.
• The site shall be at least seventy-five (75) meters away from a fault trace or fault
line.
• The landfill site shall not be located above an aquifer, aquifer recharge area,
groundwater reservoir, or watershed area, and shall be located more than one
(1) kilometer away from a public water supply intake or public drinking water
supply wells.
• The site shall be located more than two (2) kilometers away from the airport
runway to avoid bird hazard.
• The site shall be accessible from major roads through minor roads that are wide
enough to accommodate two lanes for dump trucks, provided further that if it
is not accessible, the project design shall include means of access.
• The site shall not be located within Key Biodiversity Areas and Ancestral
Domains.
• Shall comply with other locational criteria as listed in the implementing rules and
regulations (DENR DAO 2001-34) of R.A. 9003.
• Shall comply with other sanitary requirements of the DOH, the City Environment
and Natural Resources Office, and the City Health Office.
• The site must be located beyond a 1-kilometer radial distance from the nearest
residential zone.
• Private heliports or helipads may be allowed outside the airport complex,
provided that safety requirements are complied with CAAP.
• A written authority to operate shall be secured from CAAP ninety (90) days
before the intended date of operation, and a notice shall be posted or
published in at least one of the daily newspapers to determine the proposed
landing site.
Renewable energy projects such as solar, hydro, biomass, and bagasse shall be
allowed, provided that:
Special use permits shall also be issued for other land uses which:
ARTICLE IX:
GENERAL REGULATIONS
Area regulations in all zones shall conform to the applicable minimum requirements
of existing ordinances, resolutions, laws, codes, department orders, memorandum
circulars, and implementing rules and regulations such as, but not limited to:
Structures of more than ten (10) storeys high shall provide a white strobe beacon
light on the topmost part of the building while antennas or towers shall be equipped with
a red strobe beacon light at its topmost part.
Consistent with the City’s vision of becoming a “progressive city of culture,” the
following heritage buildings shall be preserved:
Allowable Uses
• Uses allowed under Rule II. Land Use Policies and Regulations of the Guidelines,
Policies, and Standards for the Conservation and Development of Historic
Centers/Heritage Zones by the National Historical Commission of the Philippines
(NHCP) shall apply to sites that the NHCP or National Museum (NM) has
declared Historic Centers or Heritage Zones, by virtue of R.A. 10066 (Heritage
Act).
• For declared heritage houses, allowable uses shall be limited to:
o Single-detached residential
o Museum or library
o Shops, offices, cafes, restaurants, craftsmen’s workshops, and retail
outlets (only at the ground floor)
• For new construction, allowable uses shall be as provided in the Base Zone.
• For declared heritage houses the height and floor area of the existing building
shall not be altered.
• For new construction: the building height limit for buildings adjacent to the
property shall not be more than the roof apex of the declared heritage
structure (Guidelines, Policies and Standards for the Conservation and
Development of Historic Centers/Heritage Zones, NHCP 2012)
• Rule III. Building Requirements of the Guidelines, Policies and Standards for the
Conservation and Development of Historic Centers/Heritage Zones by the
National Historical Commission of the Philippines (NHCP) shall apply to sites that
the NHCP or National Museum (NM) has declared Historic Centers or Heritage
Zones, by virtue of RA 10066 (Heritage Act).
Other Regulations
The following minimum buffer strips/easement shall also be observed between two
zones with conflicting land uses. Half of the buffer width shall be located on both sides of
the boundaries of the two conflicting zones. The larger of the two buffer widths shall apply
on both zones.
Such buffer strips should be open and not encroached upon by any building or
structure, except for security fences, and should be a part of the yard or open space.
Pursuant to the provisions of the Water Code, the banks of rivers and streams and
the shores of the seas throughout their entire length, are subject to easements of public
use in the interest of recreation, navigation, floatage, fishing, and salvage:
• five (5) meters in urban areas (more than the prescribed 3 meters),
• twenty (20) meters in agricultural areas, and
• forty (40) meters in forest areas
• Access roads
• Landscaping
• Slope protection
• Flood protection
• Bamboo plantation
• Bancal plantation
• Children’s park, freedom park, pocket park, linear park, parkway, parklet,
esplanade, promenade, playground, play lot, plaza, lawn, zen garden, and
prayer garden
Conditional Uses/Activities
Prohibited Uses/Activities
• Tilling of riverbanks
Fault-line easements are areas defined by the mandatory five (5)-meter wide strips
on both sides of earthquake fault lines and fault traces on the ground identified by
PHIVOLCS. The objective of regulating uses within this easement area is to minimize the
possible harmful effects of fault movements to people and properties.
The City reserves the right to alter, remove, and/or transfer any utility installation at
no cost to the City. No service connections, i.e. poles and metering for water, light, power,
and communications shall be places on easements, preferably all installations shall be
attached to the building structures without the need for additional poles or structures.
No part of a road, off-street parking space, loading space, or other open space
required of any building shall, for the purpose of complying with this Ordinance, be
included as part of the yard, open space, off-street parking, or loading space similarly
required of any adjacent neighboring building. However, this shall not apply to building/s
with common party walls or adjacent building lines, in which case, only the yard for the
free or non-abutting sides will be required.
All traffic-generating buildings and structures allowed in any of the zones must
provide for adequate parking spaces for their employees, clients, and visitors. Such shall,
however, be subject to additional parking requirements as evaluated by the City Planning
and Development Office (CPDO) based on the NBC.
All traffic-generating activities allowed in any of the zones must provide for
minimum parking spaces for the employees, clients, and visitors as follows:
Every building hereafter erected or moved shall have access to a public street or
to a private street open to the public and all structures shall be located on lots so as to
provide safe and convenient access for servicing fire protection units.
In any zone where more than one structure may be permitted to be erected on a
single lot, the yard and other requirements of this Ordinance shall be met for each structure
as though it was to be erected on an individual lot.
1. That the buildings are to be used only for residential purposes and such uses are
permitted in the district where the compound is located;
2. That there is provided, within the tract on which the residential compound is to
be located, an open space for playground purposes with an area of at least
hundred square meters; provided that where the residential compound is
intended for less than ten families, the setting aside of such area for playground
purposes may be dispensed with; and provided further, than an open space
may be used as part of the yard requirements for the compound; and
3. That there is provided within the tract on which the residential compound is to
be erected or immediately adjacent thereto, an adjacent private garage or off-
street parking area, depending on the needs of the residents and their visitors.
Lots abutting on a zone boundary line shall conform to the yard requirements of a
more restrictive zone bounded by the line.
Set-back shall be imposed on all proposed structures along the National Road and
proposed by-pass roads identified as critical for widening to ease traffic flow and/or access
to properties.
For effective pollution control, all Locational Clearances granted for all
development/activities must be subject to the condition of compliance with the
Environmental Impact Statement System rules and regulations.
Where a person plans to establish a certain use/activity which will necessarily affect
the character of a residential zone in terms of traffic to be generated and/or opening the
area to outsiders which may result in loss of privacy of its residents, the prior social
acceptability of the majority of the household heads of the homeowner’s association or in
its absence, the barangay, most especially the persons immediately adjacent to the
proposed site, will have to be secured as one of the preliminary criteria for the approval of
the Locational Clearance and building permit.
• Markers of historical sites and tourist destinations including directional signs shall
not be combined with advertisement signs even if these signs are sponsored by
private businesses. Sponsors may put their Advertisement in the periphery of the
historical sites upon acceptance and permission of the sites’ administrators and
upon signing of a Memorandum of Understanding or Agreement (MOU/MOA)
witnessed by a representative of the LGU.
• No signs shall be installed in trees, electric or lighting posts, center islands, side
strips, and fences that will destroy, alter or deface the natural landscape or
seascape of historical sites and tourist destinations.
• No Sign shall be allowed to cross or straddle along roads such as banners.
• Temporary signs and billboards for not more than two (2) months may be
allowed by the Zoning Administrator/Administrator upon payment of
corresponding fees to the City. The permit for such sign shall indicate the
location, size, slope, contents and type of construction.
b. The final plan must, in addition to the above requirements, describe the
noise, odor, smoke, vibrations, dust, noxious gases, glare, and heat, fire
hazards, industrial waste, and traffic which may be generated by the
development.
3. The proposed development will not be incompatible with existing and
proposed adjacent and surrounding uses and it should not defeat the purpose
and objectives of the CLUP and this Ordinance;
4. The proponent may be required to conduct studies such as Comprehensive
Master Development Plan (CMDP), Project Feasibility Study (PFS), Environmental
Impact Assessment (EIA), Utility Impact Assessment (UIA), Traffic Impact
Assessment (TIA), Engineering Geology and Geohazard Assessment Report
(EGGAR), and other plans or studies that may be required by the City, and
based on the results of these studies shall introduce mitigations and
interventions to address negative impacts, if any
5. The area of the proposed development is a consolidated parcel of at least two
(2) hectares.
ARTICLE X:
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 standards shall also form part of the City’s Sustainable Urban Design and
Green Building Code.
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
NWRB.
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. No
river bed shall be subject to cultivation or utilization as it will obstruct the flow of
water and increase flood levels.
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, and other
bodies of water from sedimentation and erosion damage.
6. The internal drainage systems of developments shall be so designed as not to
increase turbidity, sediment yield, or cause the discharge of any harmful
substances that will degrade the quality of water. Water quality shall be
maintained according to the DENR’s latest Revised Water Usage and
Classification/Ambient Water Quality Criteria (DAO 2016-08).
Agricultural lands are recognized as valuable resources that provide food security
or food sufficiency, employment, amenity, and bio-diversity. All agricultural lands in the
City shall not be prematurely re-classified.
The City intends to develop a network of green and open spaces as a way to
minimize the occurrence of the urban heat island effect. Developments shall conform to
the following provisions, as applicable:
The City considers it in the public interest that all projects are designed and
developed in a safe, efficient, and aesthetically pleasing manner.
Site development shall consider the environmental character and limitations of the
site and its adjacent properties. All project elements shall be in complete harmony
according to 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.
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, 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 prior
to the granting of a Locational Clearance.
3. The capacity of parking areas or parking lots shall be per the minimum
requirements as per the Parking Requirements of this Ordinance or 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 or parking 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 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.
a. All noise and vibrations-producing machinery shall be enclosed by a
building and shall be provided with effective noise-absorbing materials,
noise silencers, and mufflers.
b. An open yard of a distance of not less than twenty (20) meters from the
street or adjoining property line properly shall also be planted with dense
trees as buffers.
c. To minimize vibrations, machinery should be mounted on shock-absorbing
mounting, such as a cork set on reinforce concrete foundation set on poles
to reduce all noise and vibration to a reasonable minimum.
d. Noise which is objectionable due to intermittent beat frequency in high
pitch shall not be allowed unless enclosed in a sound-proof building as
tested and approved by the city official concerned.
Noise levels of land uses and activities shall be limited by the following maximum
allowable noise levels as per the Rules and Regulations of the National Pollution Control
Commission (1978).
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 shall be required to submit Drainage Impact
Assessment Studies (DIA). These should be prepared, signed and sealed by duly licensed
Civil Engineers, Sanitary Engineers, or Environmental Planners.
ARTICLE XI:
MITIGATING DEVICES
A variance may be allowed provided that proposals satisfy all of the following
provisions:
3. 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.
4. That the variance will not weaken the general purpose of the Ordinance and
will not adversely affect the public health, safety, or welfare.
1. 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 proponent shall warrant prioritizing the hiring of qualified residents of the
City.
3. 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.
4. The exception will not alter the essential character and general purpose of the
zone where the exception sought is located.
ARTICLE XII:
ADMINISTRATION AND ENFORCEMENT
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.
Upon issuance of an LC, the grantee thereof shall have one (1) year within which
to commence or undertake the use, activity, or development covered by such clearance
on his property. This is intended to prevent land speculation.
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.
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 E.O. 72).
The Zoning Administrator or the LZBA, as the case may be, may seek the assistance
of the HLURB or external consultants in the evaluation of proposed Major or Innovative
Projects such as airports, shopping malls, special economic zones, tourism enterprise zones,
and the like.
Prior to the processing of an ECC, proponents or EIA preparers may request for a
Certificate of Zone Classification from the Zoning Administrator to determine the
compatibility of the proposed project with the City’s zoning.
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.
Projects covered by P.D. 957 shall submit the following additional documents:
1. Site Development Plan on topographic survey with scale ranging from one to
one hundred (1:100) to one to one thousand (1:1,000) or such other scale which
the Zoning Administrator may deem appropriate duly signed by a licensed
engineer showing the proposed lots and other features in relation to existing
conditions;
2. Vicinity Map within a radius of two kilometers from the periphery of the project
or as may be required by the Zoning Administrator, showing the relationship of
the proposed subdivision to existing community facilities which serve or may
directly or indirectly influence it; maintain traffic arteries; public transportation;
shopping center; elementary, high school, and other educational institutions;
and other community facilities; title information; scale, north arrow, and date.
Projects covered by B.P. 220, on the other hand, shall submit the following
additional documents:
1. At least two sets of sketch plans and site development plans, showing the
general pattern and layout of development, including location of streets and
proposed access roads, power and other utility lines, residential areas and
open spaces for parks, playground and community facilities; and
2. Location and vicinity map, drawn to a required scale, indicating location,
intensity and nature of surrounding land uses within one-kilometer radius.
CMDPs shall also be provided with Deed Restrictions where, upon approval of the
Zoning Administrator 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.
• Socio-Economic Study
• Market Study
• Technical Study
• Site Development Plan
• Infrastructure Plans (road, power, water, drainage, and sewage)
• Financial Projections
A Special Use Permit shall be required after securing an ECC or CNC and prior to
the application for a Locational Clearance. The applicant shall submit the following:
The application shall be filed with the Zoning Official for evaluation and submitted
to the SP Land Use Committee for final decision.
Figure 3. Process Flow for Special Use Permit and Permit for Innovative Techniques
A Permit for Innovative Techniques shall be required prior to the application for a
Locational Clearance. Any person/entity who wishes to apply for a Permit for Innovative
Techniques shall be required to submit the following:
The application shall be filed with the Zoning Official for evaluation and submitted
to the SP Land Use Committee for final decision.
Upon the issuance of a Locational Clearance, the following special uses shall then
secure a Development Permit from the Sangguniang Panlungsod prior to construction and
development:
1. Residential subdivision
2. Commercial subdivision
3. Industrial subdivision
4. Farmlot subdivision
5. Cemetery/memorial park
6. Columbarium
7. Planned Unit Development
No Building Permit shall be issued by the City Engineer’s Office without a valid
Locational Clearance in accordance with the integrated ZO and a valid Development
Permit for specific special uses.
The Business Processing and Licensing Office 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.
1. The project proponent shall only file an application for Variance and/or
Exception upon the Zoning Administrator’s denial of the proponent’s
application for a Locational Clearance. No direct application to the LZBA shall
be allowed.
3. 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.
4. The LZBA shall conduct preliminary studies on the application. These application
papers shall be made accessible to the public.
6. The LZBA shall hold public hearing(s) to be held in the concerned barangay.
8. 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 the written
Affidavit of No Objection and the public hearing(s).
9. In case the appeal is granted, the LZBA shall issue a permit called Locational
Clearance – Variance (LC-V) or Locational Clearance – Exception (LC-E).
10. In case appeals for both Variance and Exception are granted for the same
proponent for the same property, the LZBA shall issue a permit called Locational
Clearance – Variance/Exception (LC-V/E).
The appeal shall be evaluated in light of the specific criteria stated in the respective
sections for Variances and Exceptions in this Ordinance. However, the LZBA may formulate
additional evaluation criteria and procedures as necessary.
Upon approval of this Ordinance, the Zoning Administrator shall immediately issue
Notices of Non-Conformance to major existing non-conforming uses, buildings, or
structures. The notice shall cite the following:
1. Provisions of this Ordinance to which the existing use, building, or structure does
not conform to,
2. Conditions for the continued use of the said non-conforming use, building, or
structure as provided in the “Existing Non-Conforming Uses, Buildings, and
Structures” section, and
Initiation
Procedure
2. All requests for such certificate shall be made in writing, stating the reasons for
non-conformance and accompanied by a 1:10,000 meters vicinity map
showing the exact location of the non-conforming use, lot, or structure;
3. The request for such certificate shall be acted upon its transmittal to the
appropriate parties within fifteen (15) days from the receipt of the request;
The certificate shall be valid for a period of one (1) year from the date of its issuance
after which, it shall be deemed null and void unless the same is renewed within three (3)
months prior to its expiration.
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:
3. No such non-conforming use which has ceased operation for more than one
(1) year be again revived as non-conforming use.
9. Should such use 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.
10. Such non-conforming use 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.
11. The total structural repair and alteration that maybe made in a non-conforming
structure shall not, within the next nine (9) years subsequent to the adoption of
this ordinance, exceed twenty five percent (25%) of its assessed value.
This Ordinance shall be enforced and administered by the Local Chief Executive
through the Zoning Administrator who shall be appointed by the former in accordance
with existing rules and regulations on the subject.
5. Preferably a current staff of the City Planning and Development Office, City
Engineer’s Office, or City Assessor’s Office; and
6. Preferably a permanent employee of the local government.
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 or City Legal Officer for other legal
actions/remedies relative to the foregoing.
2. Planning
a. Submit an annual report and interim reports, as necessary, to the City
Planning and Development Coordinator and the Land Use Committee
of the Sangguniang Panlungsod regarding permits approved and
denied, innovative techniques, non-conforming uses, variances, and
exceptions.
b. Report on the progress and issues encountered in the administration and
enforcement of this Ordinance, making the necessary recommendation
therefore.
c. Coordinate with the Regional Office of the HLURB regarding proposed
amendments to the integrated ZO prior to adoption by the Sangguniang
Panlungsod.
Taking into consideration the financial capability and service requirements of the
City in the implementation and administration of this Ordinance, the staffing pattern of the
1. Zoning Officer IV
a. Salary Grade: 22
b. Duties and Responsibilities:
• Assist in the enforcement of the Zoning Ordinance
• Monitor compliance with the zoning ordinance of on-
going/existing projects
• Take charge of the issuance of various documents related to the
enforcement of the Zoning Ordinance
• Assist in the preparation of studies related to amendments of the
Zoning Ordinance
• Perform such other duties and functions as maybe prescribed by
law or ordinance
3. Zoning Officer II
a. Salary Grade: 15
b. Duties and Responsibilities:
• Assist in the enforcement of the Zoning Ordinance and other
related duties
• Perform such other duties and functions as maybe prescribed by
law or ordinance
4. Computer Operator IV
a. Salary Grade: 14
b. Duties and Responsibilities:
• Encode and retrieve all records related to the enforcement of
the Zoning Ordinance
• Keep all records and documents related to the enforcement of
the Zoning Ordinance
• Prepare all correspondence of the Zoning Administration
Division
• Perform other duties as may be assigned from time to time
5. Clerk III
a. Salary Grade: 6
b. Duties and Responsibilities:
• Encode and prepare documents related to the enforcement of
the Zoning Ordinance
• Keep all files and records
• Perform other duties as may be assigned from time to time
6. Driver II
a. Salary Grade: 2
b. Duties and Responsibilities:
• Drive the official vehicle of the division or the office and assist in
sending out messages and other correspondences emanating
from the division
• Perform other duties as may be assigned from time to time
The Zoning Administration Division may also have the following sections:
1. Processing Section
2. Enforcement Section
3. Customer Service and Support Section
4. Monitoring Section
The LZBA shall fix the date, time, and place for the hearing of the appeal, give due
notice to the parties, and decide the same within a reasonable time but not exceeding
thirty (30) days from the filing of the notice of appeal.
There is hereby created a Local Zoning Board of Appeals (LZBA) which shall perform
the following functions and responsibilities:
Decision of the Local Zoning Board of Appeals taken to it shall be final except when
the issues involve the interpretation and application for the development plan of national
and/or regional physical, land use planning and zoning standards, guidelines, rules or
regulation in which case, appeal shall be made to the HLURB.
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.
Pursuant to HLURB Resolution No. 912, Series of 2013, the following fees shall apply
for the application of a Locational Clearance.
Threshold amounts refer to the total building construction cost, including materials,
labor, design fees, project management fees, etc., but exclusive of the cost or value of the
land.
The payment of the fee shall be made prior to the processing of the application.
National and local government projects are exempted from paying prescribed fees but
are required to secure a Locational Clearance.
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:
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.
The composition of the LZBA and the LZRC are compared as follows:
The Local Zoning Review Committee shall have the following functions:
Changes in the integrated ZO, as a 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 Panlungsod.
Any amendment shall take effect only after approval and authentication by the
HLURB or Sangguniang Panlalawigan in accordance with Executive Order 72.
Once all proposals have been finalized and all amendments have been duly
approved, the necessary changes shall be reflected on the Official Zoning Maps.
ARTICLE XIII:
FINAL PROVISIONS
Any person violating any provision of this Zoning Ordinance shall, upon conviction,
be penalized by a fine based on the following schedule or by imprisonment for not more
than one (1) year or both at the discretion of the Court.
The Sangguniang Panlungsod may set additional penalties for violations that
seriously affect public health, morals, and safety.
For continuing offenses, a maximum fine of Five Thousand Pesos (PHP 5,000.00) shall
be imposed for every violation of the provisions of this Ordinance. A continuing offense
shall refer to a failure to comply with the provisions of the Ordinance within a period of six
(6) months following the Notice of Violation and henceforth until compliance is made.
Upon discovery of any violation after the expiration of the period provided in this
Ordinance, the Zoning Administrator shall issue a notice of violation requiring the structure
owner to comply with the notice or undertake corrective measures within thirty days (30)
days from the receipt thereof. His or her failure to do so shall cause the demolition of the
illegal structure with costs against him or her and without the need for any court order.
Such demolition, however, shall not prejudice the filing of the necessary charges in court
for the violation of this Ordinance.
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.
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 153. Building Permits Issued Prior to the Approval of this Ordinance
1. The construction of the building, structure, or part hereof shall have been
started at the time of the enactment of this ordinance, and not later than six
(6) months after the issuance of such building permit; and
2. These structures or buildings will not be incompatible with the designated uses
in the zone in which it is to be located, and will not adversely affect public
health, safety, or general welfare.
The funds necessary for the implementation of the "Integrated Zoning Ordinance
of the City of Kabankalan of 2018", shall be sourced from the City’s share in the Internal
Revenue Allotment (IRA) corresponding to the devolved functions as provided for in R.A.
7160.
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.
No amendment shall take place within one (1) year upon approval of this Zoning
Ordinance. The City Planning and Development Office (CPDO) shall review, study, and
update this Ordinance after three (3) years and after six (6) years. It shall then restudy and
revise it after nine (9) years upon approval of the same and upon approval of the new
Comprehensive Land Use Plan.
Approved by:
Attested by:
Approved by:
1. Accessory Use – pertains to those that are customarily associated with the
Principal Use application (such as a garage is accessory to a house).
2. Active Fishing Gear – a fishing device characterized by gear movements, and/or
the pursuit of the target species by towing, lifting, and pushing the gears,
surrounding, covering, dredging, pumping and scaring the target species to
impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bag
nets, paaling, drift gill net, and tuna longline (Fisheries Code).
3. Agricultural Activity – per the Comprehensive Agrarian Reform Law of 1988 (R.A.
6657), means the cultivation of the soil, planting of crops, growing of fruit trees,
raising of livestock, poultry or fish, including the harvesting of such farm products,
and other farm activities and practices performed by a farmer in conjunction
with such farming operations done by persons whether natural or juridical.
4. Agricultural Land – refers to land devoted to agricultural activity and not classified
as mineral, forest, residential, commercial, or industrial land (CARL).
5. Agricultural Zone – an area within a city intended for the cultivation of the soil,
planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture
production, including the harvesting of such farm products, and other farm
activities and practices performed in conjunction with such farming operations
(AFMA).
6. Agri-Processing Activities – refers to the processing of raw agricultural and fishery
products into semi-processed or finished products which include materials for the
manufacture of food or non-food products, pharmaceuticals and other industrial
products (AFMA).
7. Agri-Tourism – see Farm Tourism
8. Airport Overlay Zone (APT-OZ) – an area in a city defined by a radius of two (2)
kilometers from the end of the airport runway and 1 kilometer from the edge of
the airport complex.
9. Allowable Maximum Building Footprint – the maximum portion of the lot that may
be occupied by the building/structure at grade level after satisfying setback,
yard, and court requirements. The area of the AMBF is measured from the
outermost face of the exterior walls of the proposed building/structure. The AMBF
is the true buildable area on which a fully enclosed building/structure can be
erected. The AMBF shall exclude provisions for courts at grade level (NBC).
10. Allowable Uses – uses that conform to those allowed within a specific zone.
11. Ancestral Domain – this refers to all areas generally belonging to Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) comprising lands, inland
waters, coastal areas, and natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs (IPRA).
12. Ancestral Lands – refer to land occupied, possessed, and utilized by individuals,
families and clans who are members of ICCs/IPs (IPRA).
13. Ancestral Domain Overlay Zone (AD-OZ) – an area in a city intended for the
preservation of the traditional way of life of indigenous people.
14. Apartel (or apartelle) – a serviced and furnished apartment; similar to a hotel but
occupied on a more long-term basis.
15. Apartment – a row of independent units designed and intended for, or occupied
by a family on a more or less permanent basis of living, sleeping, and cooking
purposes.
16. Arboretum – a large tract of land treated as a natural outdoor museum, or started
as a natural wood site, the existing trees or shrubs being preserved or planted to
entirely new plantings and arranged by family and generic groups for specific
study. It is considered as a reserved and preserved nature park.
17. Aquaculture – fishery operation involving the breeding and farming of fish and
fishery species if fresh, brackish, and marine water areas (Bureau of Agriculture
and Fisheries Standards, DA, 2016). Aquaculture systems can be:
• Extensive or Traditional – characterized by low stocking density and
basically depends on the available natural food in the culture facility.
• Semi-Intensive – characterized by higher stocking density and depends on
natural food which is increased over baseline levels by fertilization and use
of supplementary feeds.
• Intensive – characterized by higher stocking density and depends on
nutritionally-complete diets added to the system, either fresh, wild, marine
or freshwater fish, or on formulated diets, usually in dry pelleted form (FAO,
1998).
18. Aquaculture Sub-Zone (Aq-SZ) – an area within the Municipal Waters Zone of a
city designated for fishery operations involving all forms of raising and culturing
fish and other fishery species in fresh, brackish, and marine water areas (Fisheries
Code).
19. Bahay Pag-asa - refers to a 24-hour, child-caring institution established, funded,
and managed by the local government and licensed and/or accredited NGOs
providing short-term residential care for children in conflict with the law (CICL)
who are above fifteen (15) but below eighteen (18) years of age who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction
(R.A. 10630).
20. Bar – any place where intoxicating and fermented liquors or malt drinks are sold
or disposed of for a price, with hired hostesses occasionally dancing to music.
21. Barangay – the basic political unit in the Philippines composed of all persons who
have been residents of the barrio, sitio, or barangay for at least six months, citizens
of the Philippines and duly registered in the list of barangay members kept by the
barrio, sitio, or barangay secretary.
22. Base Flood Elevation – the elevation to which floodwater is expected to reach
during flood events as calculated by the regional office of the DPWH.
23. Base Zones – refers to the primary zoning classification of areas within a city and
that are provided with a list of allowable uses and regulations on building density
and bulk, among others.
24. Batching Plant – a manufacturing plant where concrete is mixed before being
transported to a construction site ready to be poured.
25. Bayad Center – an establishment wherein payment for utilities consumed is
received.
26. Bioswales – are landscape features with gently sloped sides (less than 6% slope)
filled with vegetation or riprap and are designed to concentrate or remove
pollution out of surface runoff water.
27. Boarding House – a house with five (5) or more sleeping rooms where boarders
are provided with lodging, a common dining area, and meals for a fixed sum
paid per month, in accordance with previous arrangement.
28. Botanical Garden – a park open to the public where specimen trees, plants, and
shrubs of native or imported varieties are grown, exhibited, and maintained with
their scientific and local names in well landscaped gardens for the education,
enjoyment, and relaxation of the public. Sometimes combined with a zoological
garden to give the natural setting needed for confined birds, reptiles and
animals.
29. Boundary Line - the abstract line formed by the technical description of bearings
and distances given on the Transfer Certificate of Title of a property or as defined
herein.
30. Buffer – a non-buildable area established to separate and protect one type of
land use from another, for example, as a screen to objectionable noise, smoke,
or visual aspects of an industrial zone adjacent to a residential zone.
31. Building – a constructed edifice, designed to stand more or less permanently,
covering a space of land, usually covered by a roof and more or less enclosed
by walls and supported by columns, and serving as a dwelling store, factory,
shelter for animals, etc.
32. Building Height Limit – this is the maximum height 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. If
applicable, the BHL may be subject to clearance requirements of the Civil
Aviation Authority of the Philippines (CAAP) or the concerned military/security
authorities.” BHL is expressed as the number of allowable storeys or floor levels
above an established grade or meters above highest grade (NBC).
33. Canteen – a food establishment of the self-service kind, operating within the
premises of an institution or building and whose clients/customers are employees
or occupants of the building area.
34. Carinderia – a food establishment of the counter-type with dine-in services but
with no provision for separate tables and chairs.
35. Carrying Capacity – the maximum size of population of a given species that can
be supported in a given area or volume of a body of water which will not lead to
the deterioration thereof (BAFS, 2016).
36. Cave – means any naturally occurring void, cavity, recess, or system of
interconnected passages beneath the surface of the earth or within a cliff or
ledge and which is large enough to permit an individual to enter, whether or not
the entrance, located either in private or public land, is naturally formed or man-
made. It shall include any natural pit, sinkhole, or other feature, which is an
extension of the entrance. The term also includes cave resources therein, but not
any vug, mine tunnel, aqueduct, or other man-made excavation (R.A. 9072).
37. Cave Resources – includes any material or substance occurring naturally in
caves, such as animal life, plant life, including paleontological and
archaeological deposits, cultural artifacts or products of human activities,
sediments, minerals, speleogems, and speleothems (R.A. 9072).
38. Caving (also known as Spelunking) – any activity that involves the exploration of
caves or underground passages and features except when passages are
explored with the use of scuba diving (DOT).
39. Cemetery – refers to a public or private land used for the burial of the dead and
other uses indicated for cemetery purposes, to include landscaped grounds,
driveways, walkways, columbaria, crematories, mortuaries, mausoleums, niches,
graveyards, and public comfort rooms (HLURB, 2000).
40. Cemetery/Memorial Park Zone (C/MP-Z) – an area in a city intended for the
interment of the dead.
41. Central Business District (CBD) – shall refer to areas designated principally for
trade, services and business purposes.
42. Certificate of Non-Conformance – certificate issued to owners of non-conforming
uses as provided in this Zoning Ordinance.
43. Certificate of Non-Coverage – a certification issued by the EMB certifying that,
based on the submitted project description, the project is not covered by the EIS
System and is not required to secure an ECC (P.D. 1586 IRR).
44. Chapel – also called reposing or slumber room. It is where the deceased is
temporarily laid to rest for viewing by the mourners (HLURB). Also, a room or a
building designated for religious purposes within the complex of a school,
college, hospital or other institution; a small secondary church in a parish.
45. Civil Reservation Sub-Zone (CR-SZ) – an area within the Forest Zone of cities that
refers to lands of public domain which have been proclaimed by the President
of the Philippines for specific purpose such as town sites, resettlement areas,
school reservations, ancestral lands, etc.
46. Class "AAA" Slaughterhouse/Abattoir – those with facilities and operational
procedures appropriate to slaughter livestock and fowls for sale in any market
whether domestic or international.
47. Class "AA" Slaughterhouse/Abattoir – those with facilities and operational
procedures sufficiently adequate that the livestock and fowls slaughtered therein
is suitable for sale in any market within the country.
48. Class "A" Slaughterhouse/Abattoir – those with facilities and procedures of
minimum adequacy that the livestock and the fowls slaughtered therein are
suitable for distribution and sale only within a city where the slaughterhouse is
located.
49. Clinic – a place in which patients avail of medical consultations or treatments on
an out-patient basis. However, any clinic or dispensary where there are at least
six (6) beds or cribs or bassinets installed for twenty-four hours used by patients
shall be construed to fall within the definition of a hospital as described in R.A.
4226 or the Hospital Licensure Act.
50. Club House – a building or area used for social or recreational activities by
occupants of an apartment complex, sports club, association, organization,
institution, etc.
51. Cockpit – a pit or an enclosed space where cockfighting is held. Money betting
may or may not take place.
52. Columbarium – a structure, either freestanding or part of another building,
containing niches for the inurment of cremated human remains (HLURB
Resolution No. 797, Series of 2007).
53. Commercial-1 Zone (C1-Z) – a low density commercial area within a city
intended for neighborhood or community scale trade, service, and business
activities.
54. Commercial-2 Zone (C2-Z) – a medium to high density commercial area within a
city intended for trade, service, and business activities performing
complementary/supplementary functions to the CBD.
55. Commercial-3 Zone(C3-Z) – a high density commercial area within a city
intended for regional shopping centers such as large malls and other commercial
and business activities which are regional in scope or where market activities
generate traffic and require utilities and services that extend beyond local
boundaries and requires metropolitan level development planning and
implementation.
High rise hotels, sports stadium or sports complexes area also allowed in this
zone. This zone may also be called the Central Business District (CBD).
56. Commercial Condominium – the entire parcel of real property divided or to be
divided primarily for commercial purposes into commercial condominium units,
including all structures thereon (Human Settlements Regulatory Commission
Administrative Order No. 21, Series of 1985).
57. Commercial Fishing – the taking of fishery species by passive or active gear for
trade, business, and profit beyond subsistence or sports fishing, to be further
classified as:
• Small scale commercial fishing - fishing with passive or active gear utilizing
fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT
• Medium scale commercial fishing - fishing utilizing active gears and vessels
of 20.1 GT up to one hundred fifty (150) GT
• Large commercial fishing - fishing utilizing active gears and vessels of more
than one hundred fifty (150) GT (Fisheries Code).
58. Commercial Garage – a garage where vehicles are housed, cared for,
equipped, repaired, or kept for remuneration, hiring, or sale.
59. Commercial Subdivision – a tract or a parcel of land partitioned primarily into
individual lots for commercial use with or without improvements thereon and
offered to the public for sale in cash or in installment terms (Human Settlements
Regulatory Commission Administrative Order No. 21, Series of 1985).
60. Compatible Uses – different uses capable of existing harmoniously, enumerated
as follows:
a. residential use and parks and recreation
b. residential use and commercial use
c. residential use and institutional use
d. residential use and heritage sites
e. commercial use and parks and recreation
f. commercial use and institutional use
g. commercial use and heritage sites
h. institutional use and parks and recreation
61. Comprehensive Land Use Plan (CLUP) – is a technical document embodying
specific proposals and strategies for guiding, regulating growth or development
that is implemented through the Zoning Ordinance. The main components of the
Comprehensive Land Use Plan in this usage are the land use plan and sectoral
studies including Demography, Ecosystems Analysis (Terrestrial and Coastal), and
Special Area Studies such as Climate Change Adaptation, Disaster Risk
Reduction and Management, Ancestral Domain, and Biodiversity Conservation.
62. Condominium – an interest in real property consisting of separate interest in a unit
in a residential, industrial, or commercial building and an undivided interest in
common, directly or indirectly, in the land on which it is located and in other
common areas of the building (R.A. 4726).
63. Condominium Building – a multi-level structure usually for commercial or
residential purposes and generally owned by the occupants thereof.
64. Condotel – a condominium project that has units for rent or short-term
occupancy, food, telephone service, and daily cleaning services. It is operated
as a commercial hotel even though the units are individually owned.
65. Conflicting Uses – uses or land activities with contrasting characteristics and
adjacent to each other such as:
• residential use and industrial use
• rivers and creeks and industrial use
• watershed forest reserve and industrial use
66. Conforming Use – a use that is in accordance with the zone regulations as
provided for in the Ordinance.
67. Controlled Dump – shall refer to a disposal site at which solid waste is deposited
in accordance with the minimum prescribed standards of site operation (R.A.
9003).
68. Cottage Industry – a small-scale economic activity which is carried on mainly in
the homes or in other places for profit and which is mainly done with the help of
the members of the family. It shall include the following, among others: (1) fiber
crafts; (2) woodcraft such as making of wood carvings; (3) hat weaving; (4) mat
weaving; (5) metal craft such as making of jewelries, knives, boloes, scissors,
razors, silverwares, and brassworks; (6) ceramics such as making of potteries,
hollow blocks, tiles, firebricks, clay stoves, and other ceramic products; (7)
bamboo and rattan craft such as making of hammocks, basketry, making of
sawali, and other bamboo and rattan furniture and articles; (8) small agricultural
hand tools such as plow points; (9) toy craft such as making of dolls and toys; (10)
embroidery industries; (11) needle craft, including knitting and crocheting; (12)
loom weaving such as making of mosquito nets; (13) machine parts manufacture
such as wheels and stone mortars; (14) food preservation and canning; and (15)
other related crafts and such other industries done in the home. The cottage
industries shall be owned and operated by Filipino citizens, or if a corporation,
partnership, or cooperative, at least seventy-five per cent of its capital and its
stockholders and all members of its Board of Directors shall be Filipino citizens
(adapted from R.A. 3470).
For the purposes of this Ordinance, a “Cottage Industry” shall have the
same capital limit as that of a “Micro Enterprise” (see Micro, Small, and Medium-
sized Enterprises)
69. Crypt – an underground room, vault, or complex used as a chapel or burial place.
70. Day Care Center - a place where children are temporarily cared for and trained
in the parent’s absence.
71. Development Control – see Zone Regulation.
72. District Shopping Center (or Sub-Regional Shopping Center) – A shopping mall
with general merchandise and/or convenience-oriented offerings, and a wider
range of apparel and other discretionary products, as well as other non-
discretionary food & groceries. Typical anchor tenants include supermarket,
hypermarket, general merchandise store, small department store, or discount
department stores (International Council of Shopping Centers).
73. Dormitory – a residential or institutional building where boarders are provided with
board and lodging, sleeping, and eating in common halls and consisting of at
least ten (10) or more persons.
74. Dwelling – a building or structure used for lawful residence.
75. e-Games – a generic term for any amusement or recreation using a stand-alone
video game, desktop computer, or the internet with one or more players.
76. Easement – an encumbrance imposed on an immovable object or property for
the benefit of another immovable object or belongings to a different owner. Also,
an open space imposed on any land use/activities sited along waterways, fault-
lines, road-rights-of-way, cemeteries/memorial parks, utilities and the like.
77. Eatery – a food establishment operating within a portion of a house and which is
managed by a household member.
78. Embalming – preparing, disinfecting, and preserving dead body before its final
disposal (HLURB Resolution No. R-638, Series of 1999).
79. Environmental Compliance Certificate – document issued by the DENR/EMB after
a positive review of an ECC application, certifying that based on the
representations of the proponent, the proposed project or undertaking will not
cause significant negative environmental impact. The ECC also certifies that the
proponent has complied with all the requirements of the EIS System and has
committed to implement its approved Environmental Management Plan. The
ECC contains specific measures and conditions that the project proponent has
to undertake before and during the operation of a project, and in some cases,
during the project’s abandonment phase to mitigate identified environmental
impacts (P.D. 1586 IRR).
80. Environmentally Critical Areas – areas delineated as environmentally sensitive
such that significant environmental impacts are expected if certain types of
proposed projects or programs are located, developed, or implemented in it
(P.D. 1586 IRR). These areas are enumerated in Presidential Proclamation 2146
dated December 1981, as follows:
• All areas declared by law as national parks, watershed reserves, wildlife
preserves and sanctuaries;
• Areas set aside as aesthetic potential tourist spots;
• Areas which constitute the habitat for any endangered or threatened
species of indigenous Philippine wildlife (flora and fauna);
• Areas of unique historic, archaeological, or scientific interests;
• Areas which are traditionally occupied by cultural communities or tribes;
• Areas frequently visited and/or hard-hit by natural calamities (geologic
hazards, floods, typhoons, etc.);
• Areas with critical slopes;
• Areas classified as prime agricultural lands;
• Recharge areas of aquifers;
• Water bodies characterized by one or any combination of the following
conditions: tapped for domestic purposes; within the controlled and/or
protected areas declared by appropriate authorities; and which support
wildlife and fishery activities.
• Mangrove areas characterized by one or any combination of the following
conditions: with primary pristine and dense young growth; adjoining the
mouth of major river systems; near or adjacent to traditional productive fry
or fishing grounds; which act as natural buffers against shore erosion, strong
winds and storm floods; and on which people are dependent on their
livelihood.
81. Environmentally Critical Projects – refer to those projects which have high
potential for negative environmental impacts (P.D. 1586 IRR) and are listed in
Presidential Proclamation 2146 dated December 14, 1981, as follows:
• Heavy industries
• non-ferrous metal industries;
• iron and steel mills;
• petroleum and petro-chemical industries including oil and gas; and
• smelting plants.
• Resource extractive industries
• major mining and quarrying projects;
• forestry projects such as logging, major wood processing,
introduction of fauna (exotic animals) in public/private forests, forest
occupancy, extraction of mangroves and grazing; and
• fishery projects (dikes for/and fishpond development projects)
• Infrastructure projects
• major dams;
• major power plants (fossil-fueled, nuclear-fueled, hydroelectric or
geothermal);
• major reclamation projects, and
• major roads and bridges.
• Golf course projects
82. Environmental Impact Statement System – pursuant to PD 1586 of 1978, refers to
the entire process of organization, administration and procedure institutionalized
for the purpose of assessing the significance of the effects of physical
developments on the quality of the environment. Projects that fall within the
purview of the EIS System include:
a. Environmentally Critical Projects, and
b. Projects located in Environmentally Critical Areas
83. Established Grade – the finished ground level of a proposed development which
shall be determined according to the provisions of the latest edition of the
National Building Code.
84. Ecotourism – a form of sustainable tourism within a natural and cultural heritage
area where 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 AO2013-19 Guidelines on Ecotourism Planning and Management in
Protected Areas).
85. Ecotourism Overlay Zone (ETM-OZ) – an area in a city intended for ecotourism
uses.
86. Exception – a device which grants a property owner relief from certain provisions
of the Ordinance where because of the specific use would result in a particular
hardship upon the owner, as distinguished from a mere inconvenience or a desire
to make more money (compare with Variance).
87. Export Processing Zone – a specialized industrial estate located physically and/or
administratively outside customs territory, predominantly oriented towards export
production. Enterprises located in export processing zones are allowed to import
capital equipment and raw materials free from duties, taxes, and other import
restrictions (R.A. 7916).
99. Forest Reservation – refers to forestlands which have been reserved by the
President of the Philippines for any specific purpose or purposes (Forestry Code).
100. Forest Reserve Sub-Zone (FR-SZ) – an area within the Forest Zone of a city which
refers to those lands of the public domain which have been the subject of the
present system of classification and determined to be needed for forest purposes.
This is also called "Permanent Forest” (Revised Forestry Code, P.D. 1559).
101. Forest Zone – an area within a city which are intended primarily for forest
purposes. This includes forestlands and areas outside of forestlands that are
declared for forest purposes by this Ordinance.
102. Fuel Station (or Filling Station) – a retail station servicing automobiles and other
vehicles with gasoline and diesel oil only (compare with Service Station).
103. Funeral Establishments – includes funeral parlors, funeral chapels, and any similar
place used in the preparation, storage, and care of the body of a deceased
person for burial (HLURB).
• Category I – those with chapels and embalming facilities and offer funeral
services (HLURB).
• Category II – those with chapels, without embalming facilities, and offer
funeral services (HLURB).
• Category III – those that offer funeral services from the house of the
deceased to the burial place (HLURB).
104. Funeral Services – includes undertaking, embalming, and bringing the deceased
to the burial site (HLURB).
105. Garage – a building or structure where cars and other motor vehicles are housed
and maintained.
106. General Institutional Zone (GI-Z) – an area within a city intended principally for
general types of institutional establishments, e.g. government offices,
hospitals/clinics, schools.
107. General Residential Zone (GR-Z) – an area within a city intended principally for
dwelling/ housing purposes.
108. Gross Floor Area – the GFA of a building is the total floor space within the
perimeter 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
• Rest rooms or toilets
• Machine rooms and closets
• Storage rooms and closets
• Covered balconies and terraces
• Interior walls and columns, and other interior features
But excluding:
• Covered areas used for parking and driveways, including vertical
penetrations in parking floors where no residential or office units are present
• Uncovered areas for air-conditioning cooling towers, overhead water tanks,
roof decks, laundry areas and cages, wading or swimming pools, whirlpools
or jacuzzies, gardens, courts, or plazas (NBC).
109. Gross Leasable Area – refers to the Net Leasable Area plus common areas such
as hallways.
110. Guard House – an accessory building or structure used by a security guard while
on duty.
111. Home Occupation – an occupation or business conducted within the dwelling.
112. Hometel – any establishment offering furnished room and board services usually
for tourists and transients on a daily or monthly basis.
113. Horticultural Nursery - a large tract of public land used for the purpose of
cultivating and raising decorative specimen and exotic trees, shrubs and plants,
whether native or foreign, for sale to the public, or for the use of street plantings
and landscaping of public plazas, parks and other grounds. It is considered as a
planting nursery for propagation and transplanting.
114. Hospital – an institution providing health services primarily for in-patients, and
medical or physical care of the sick or injured, including related facilities such as
laboratories, out-patient care, training facilities, and clinics.
115. Hostel – an establishment providing accommodation, food, drinks, for longer
durations (e.g. a month) and usually attached to institutions such as universities
for the use of students and faculty.
116. Hotel – an establishment providing accommodation, food, drinks, telephone,
cleaning, and other services usually on a daily basis.
117. Industrial-1 Zone (I1-Z) – an area within cities intended for light manufacturing or
production industries that are:
• non-pollutive/non-hazardous and
• non-pollutive/hazardous
118. Industrial-2 Zone (I2-Z) – an area within cities intended for medium intensity
manufacturing or production industries that are:
• pollutive/non-hazardous and
• pollutive/hazardous
119. Industrial-3 Zone (I3-Z) – an area within cities intended for heavy manufacturing
or production industries that are:
• highly pollutive/non-hazardous
• highly pollutive/hazardous
• highly pollutive/extremely hazardous
• pollutive/extremely hazardous
• non-pollutive/extremely hazardous
120. Industrial Estate - refers to a tract of land subdivided and developed according
to a comprehensive plan under a unified continuous management and with
provisions for basic infrastructure and utilities, with or without pre-built standard
factory buildings and community facilities for the use of the community of
industries (R.A. 7916). Another feature of an industrial estate is that a screening of
industries is undertaken prior to development ((HLURB Administrative Order 2,
Series of 1992).
121. Industrial Subdivision – a tract of land partitioned into plots for sale or lease to
establishments engaged primarily in industrial production or services. The degree
of development may be limited to the provision of utilities and allocation of areas
for industrial buildings, facilities, and amenities, or it may also include the provision
140. Market – a general term referring to a public place, building, or structure where
commodities such as food, wares, and other merchandise may be bought or sold
(HLURB Resolution No. 682, Series of 2000). It includes any of the following:
• Public Market – a market owned, operated, and/or managed by the
government intended to serve the general public.
• Private Market – a market owned, operated, and/or managed by private
individuals or entities, cooperatives, institutions, or corporations.
• Food Terminal – a market where products such as fruits, vegetables, and
other food merchandise are sold on a wholesale basis (e.g. trading posts or
“bagsakan”).
147. Mitigating Device – a means to grant relief in complying with certain provisions of
this Ordinance such as, but not limited to, those pertaining to use, building bulk
and density, and performance standards.
148. Motel (or Motorists’ Hotel) – an establishment primarily located along or close to
the National Highway providing accommodation, parking space, and in some
instances, meals to motorists on a daily basis.
149. Multi-Pass Mill – a process of rice milling with several stages (husking, polishing,
grading, blending, and packaging) wherein recovery rates are above 60%.
150. Municipal Fishing Sub-Zone (MF-SZ) – an area within the Municipal Waters Zone
of a city where only municipal fishing, as defined in the Fisheries Code, is allowed.
151. Municipal Waters Zone – this zone covers the Municipal Waters which include not
only streams, lakes, inland bodies of water, and tidal waters within a city which
are not included within the protected areas as defined under Republic Act No.
7586, public forest, timber lands, forest reserves or fishery reserves, but also marine
waters (Fisheries Code).
152. Museum - a non-profit, non-commercial establishment operated as a repository
or a collection of natural, cultural, spiritual, scientific, historical, artistic, or literary
curiosities or objects of interest. It does not include the regular sale or distribution
of objects stored or collected.
153. Neighborhood Shopping Center - small, convenience-oriented shopping center
with a heavy focus on food and groceries, and other non-discretionary products.
May include a hypermarket mall, as long as they satisfy the shopping center
definition. In particular, it must include multi-branded rental units and common
areas. Typical anchor tenants include supermarket, hypermarket, or general
merchandise store (International Council of Shopping Centers).
154. Night Club – a restaurant open at night usually serving liquor, having a floor show,
and providing music and space for dancing.
155. Non-Conforming Use – uses existing prior to the approval of this Zoning Ordinance
that are not in conformity with its provisions but are allowed to operate subject to
the conditions of this Zoning Ordinance.
156. Non-NIPAS Areas – areas yet un-proclaimed by law, presidential decree,
presidential proclamation or executive order as part of the NIPAS Areas. Per the
National Physical Framework Plan, these areas should be given equal
importance, as in NIPAS Areas, in terms of conservation and protection. These
include:
• Reserved second growth forests;
• Mangroves;
• Buffer strips;
• Freshwater swamps and marshes; and
• Un-proclaimed watersheds.
157. Notice of Non-Conformance – notice issued to owners of all uses existing prior to
the approval of the Ordinance which do not conform to the provisions herein
provided.
158. Network of Protected Areas for Agriculture and Agro-Industrial Development
(NPAAAD) – refers to agricultural areas identified by the Department of
Agriculture in coordination with NAMRIA in order to ensure the efficient utilization
of land for agriculture and agro-industrial development and promote sustainable
growth. The NPAAAD covers the following:
• All irrigated areas;
• All irrigable lands already covered by irrigation projects with firm funding
commitments;
• All alluvial plain land highly suitable for agriculture whether irrigated or not;
• Agro-industrial croplands or lands presently planted to industrial crops that
support the viability of existing agricultural infrastructure and agro-based
enterprises;
• Highlands or areas located at an elevation of 500 meters or above and
have the potential for growing semi-temperate and high-value crops;
• All agricultural lands that are ecologically fragile, the conversion of which
will result in serious environmental degradation; and
• Mangrove areas and fish sanctuaries.
159. Nursing or Convalescent Home – any dwelling with less than fifteen (15) sleeping
rooms where persons recuperating from certain illnesses are housed or lodged
and furnished with meals and nursing care for a fee.
160. Office – shall refer to the use of a building or place for the administration or
management of a business or for the conduct of a profession.
161. Office Building – commercial buildings used to house offices for lease or rent. It
may concern a single occupancy use or mixed occupancy uses not involving
retail merchandising except professional services.
162. Official Zoning Map – a duly authenticated map delineating the different zones
into which the whole city is divided.
163. Open Dump – shall refer to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and consideration
for environmental and health standards (R.A. 9003).
164. Open Space – as used in this Ordinance, an area where permanent buildings
shall not be allowed and which may only be used as forest, buffer/greenbelts,
parks, and playgrounds.
165. Organic Agriculture – refers to all agricultural systems that promote the
ecologically sound, socially acceptable, economically viable and technically
feasible production of food and fibers. Organic agricultural dramatically reduces
external inputs by refraining from the use of chemical fertilizers, pesticides and
pharmaceuticals (R.A. 10068 or the Organic Agriculture Act of 2010).
166. Ossuary – interment space for bones (HLURB Resolution No. 797, Series of 2007).
167. Overlay Zones – a “transparent zone” that is overlain on top of the Base Zones or
another Overlay Zone that provides an additional set (or layer) of regulations.
168. Parking Lot – an off-street open area, the principal use of which is for the parking
of motor vehicles by the public whether for compensation or not, or as
accommodation to children, clients, or customers.
169. Parks and Recreation Zone (PR-Z) – an area in a city designed for
diversion/amusements and for the maintenance of ecological balance.
170. Parkway - elongated or "ribbon" parks featuring a national or city road intended
for non-commercial traffic, connecting parks, monuments, and recreational
areas, or otherwise affording opportunity for a pleasant safe driving.
171. Pension House – an establishment (usually private or family-operated and
employing non-professional domestic helpers) providing accommodation and
meals typically to tourists and travelers containing at least five (5) independent
lettable rooms and common facilities such as toilets, bathrooms, living rooms, and
kitchen.
172. Piggery Farm – any parcel of land devoted to the raising or breeding,
depasturing, feeding, or watering of pigs/swine, generally under the
management of a tenant or owner (HLURB Resolution No. R-674, Series of 2000).
• Backyard – 1 sow and 10 heads and below
• Medium-scale – 2 sows and 11 to 20 heads
• Large-scale – more than 2 sows and more than 20 heads
173. Planned Unit Development (PUD) – a land development scheme wherein the
project site is comprehensively planned as an entity through a unitary site plan
which permits flexibility in planning/design, building siting, complementarity of
building types and land uses, usable open spaces and the preservation of
significant natural land features (e.g. Iloilo Business Park).
174. Poultry Farm – any parcel of land devoted to the raising of domesticated fowls
which serve as sources of eggs and meat for human consumption as well as
breeding of gamecocks. It includes any species of fowl such as chicken, duck,
geese, quail, pigeon, turkey, ostrich, guinea fowl, and gamecocks (HLURB
Resolution No. R-674, Series of 2000).
• Backyard – maximum of 500 heads
• Small-scale – 501 to 5,000 heads
• Medium-scale – Over 5,000 heads to less than 10,000
• Large-scale – 10,000 heads and over
175. Production Agricultural Sub-Zone (PDA-SZ) – an area within the Agricultural Zone
of cities that are outside of NPAAAD and declared by the city for agricultural use.
176. Production Forest – an area within a city which are forestlands tended primarily
for the production of timber. These are areas below 50% in slope and less than
1,000 meters in elevation. This includes natural and man-made forests (DENR DAO
95-15).
177. Protection Agricultural Sub-Zone (PTA-SZ) – an area within the Agricultural Zone
of cities that include the NPAAAD which are “agricultural areas identified by the
Department of 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 agro-industrial development and promote sustainable growth.
178. Protection Forest – an area within a city that are forestlands outside NIPAS
obtained essentially for their beneficial influence on soil and water in particular
and the environment in general (DENR DAO 95-15). Areas wholly or partially
covered with woody vegetation managed primarily for its beneficial effects on
water, climate, soil, aesthetic value and preservation of genetic diversity (FMB
Technical Bulletin No.5).
179. Quarrying – means the process of extracting, removing, and disposing quarry
resources found on or near the surface of private or public land (Mining Act).
180. Reclassification of Agricultural Lands – the act of specifying how agricultural lands
shall be utilized for non-agricultural uses such as residential, industrial, and
commercial as embodied in the CLUP (LGC and MC 54).
181. Recreational Center – a place, compound, or building or a portion thereof, open
to the public for recreational and entertainment purposes.
182. Regional Shopping Center – A shopping center that offers general merchandise
and/or fashion-oriented offerings. Its main focus is on non-discretionary retail and
entertainment/leisure. This type of shopping center draws from a broader
population catchment. Typical anchor tenants include supermarket,
192. Shopping Center - a group of retail and other commercial establishments that is
planned, developed, owned, and managed as a single property, typically with
on-site parking provided (International Council of Shopping Centers). Also, a form
of commercial center designed in such a way that the pedestrian shopper is
freed from vehicular traffic and where the environment is shaped to encourage
shopping and entertain the potential customers. Shopping Centers are classified
as follows according to Colliers International (Philippines):
• Neighborhood Shopping Center – GLA of below 25,000 sq.m. (e.g. Gaisano
Kabankalan, CityMall Kabankalan)
• Sub-Regional Shopping Center – GLA of 25,000 to 49,999 sq.m. (e.g.
Robinsons Kabankalan)
• Regional Shopping Center – GLA of 50,000 to 99,999 sq.m. (e.g. Robinsons
Place Bacolod)
• Super-Regional Shopping Center – GLA of above 100,000 sq.m. (e.g. SM City
Bacolod)
193. Single-Pass Mill – is a milling process wherein the husk and bran are either
removed in one pass (single-pass, single-stage) or in two separate passes (single-
pass, two-stage). Because of high breakage, total milled rice recovery ranges
from 53 to 55% (IRRI, 2018).
194. Socialized Housing – refers to housing programs and projects covering houses
and lots or home lots only undertaken by the Government or the private sector
for the underprivileged and homeless citizens (UDHA). Housing projects are
categorized according price ceilings by the HUDCC as follows:
• Socialized Housing – priced below PHP 480,000.00
• Economic Housing – priced PHP 480,000.00 to PHP 1,700,000.00
• Low-Cost Housing – priced PHP 1,700,000.00 to PHP 3,000,000.00
• Mid-Cost Housing – priced PHP 3,000,000.00 to PHP 6,000,000.00
• High-End Housing – priced above PHP 6,000,000.00
Note: Price ceilings can further change according to HUDCC resolutions and
HLURB memoranda.
195. Socialized Housing Zone (SH-Z) – an area within a city designated for socialized
housing projects.
196. Special Economic Zone - selected areas with highly developed or which have
the potential to be developed into agro-industrial, Industrial tourist/recreational,
commercial, banking, investment, and financial centers. Also known as
“ecozone,” Special Economic Zones may contain any or all of the following:
Industrial Estates (IEs), Export Processing Zones (EPZs), Free Trade Zones, and
Tourist/Recreational Centers (R.A. 7916).
197. Special Use Permit – a permit issued for a use not inherently allowed by the district
regulations and subject to special review by the city’s Zoning Administrator.
198. Special Use Sub-Zone (SU-SZ) - an area within the Forest Zone of a city where all
types of legal uses of the forestlands other than the production of timber and
non-timber resources which are covered by other agreements, such as, but not
limited to Integrated Forest Management Agreement (IFMA), Socialized Industrial
Forest Management Agreement, etc. may be allowed (DENR DAO 2004-59).
199. Speleogem – means relief features on the walls, ceilings and floor of any cave or
lava tube which are part of the surrounding bedrock, including but not limited to
anastomoses, scallops, meander niches, petromorphs, and rock pendants in
solution caves and similar features unique to volcanic caves.
Map 42. Zoning Map of Barangay Daan Banwa with Overlay Zones