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City of Kabankalan | Province of Negros Occidental

Republic of the Philippines


Province of Negros Occidental
CITY OF KABANKALAN

TANGGAPAN NG SANGGUNIANG PANLUNGSOD

CITY ORDINANCE NO. ______


Series of 2018

AN ORDINANCE ADOPTING THE INTEGRATED ZONING ORDINANCE OF THE CITY OF


KABANKALAN OF 2018 AND ADOPTING AND APPROVING THE RELATED COMPREHENSIVE
LAND USE PLAN (2018-2027) AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT,
AND AMENDMENT THEREOF AND FOR REPEAL OF RESOLUTION NO. 39, SERIES OF 1996, AND
ALL OTHER ORDINANCES IN CONFLICT THEREWITH.

WHEREAS, national development is the primary responsibility of the state as


provided for in Section 6, Article III and Section I, Article XIII of the 1987 Constitution to wit:

“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…

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“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, in consonance with these laws and executive orders, a comprehensive


land use plan and zoning ordinance consistent with the national, regional, and provincial
standards for the City of Kabankalan have been drawn by the Local Government through
the City Planning and Development Office;

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

WHEREAS, a zoning ordinance is one such regulatory measure which is an important


tool for the implementation of the Comprehensive Land Use Plan (2018-2027);

NOW THEREFORE, the Sangguniang Panlungsod of Kabankalan, Negros Occidental


in a session assembled hereby adopts the Integrated Zoning Ordinance of the City of
Kabankalan of 2018 and adopts and approves the related Comprehensive Land Use Plan
(2018-2027) and provides for the administration, enforcement, and amendment thereof
and repeals Resolution No. 39, series of 1996, and all other ordinances in conflict therewith.

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Table of Contents

List of Maps ............................................................................................................................................................ ix

List of Tables ........................................................................................................................................................... xi

List of Figures .......................................................................................................................................................... xi

List of Acronyms and Abbreviations................................................................................................................. xii

ARTICLE I: TITLE OF THE ORDINANCE ............................................................................................ 1

Section 1. Title of the Ordinance ................................................................................................... 1

ARTICLE II: DECLARATION OF PRINCIPLES ................................................................................... 1

Section 2. Rational Development.................................................................................................. 1

Section 3. Ecological Balance ....................................................................................................... 1

Section 4. Food Security .................................................................................................................. 2

Section 5. Adaptation and Risk Reduction ................................................................................. 2

Section 6. Inclusivity and Equity ..................................................................................................... 2

Section 7. Preservation of Culture ................................................................................................. 2

Section 8. Rights of Indigenous People ........................................................................................ 3

Section 9. Spirituality ......................................................................................................................... 3

ARTICLE III: AUTHORITY AND PURPOSE ....................................................................................... 4

Section 10. Authority ......................................................................................................................... 4

Section 11. Purposes ......................................................................................................................... 4

Section 12. General Zoning Principles .......................................................................................... 5

ARTICLE IV: DEFINITION OF TERMS .............................................................................................. 6

Section 13. Definition of Terms ........................................................................................................ 6

Section 14. Construction and Interpretation of Terms .............................................................. 6

ARTICLE V: ZONE CLASSIFICATIONS ........................................................................................... 7

Section 15. Base Zones ..................................................................................................................... 7

Section 16. Overlay Zones ............................................................................................................... 8

Section 17. Zoning Map ................................................................................................................... 8

Section 18. Zone Boundaries ......................................................................................................... 10

Section 19. Interpretation of the Zone Boundary ..................................................................... 12

ARTICLE VI: BASE ZONE REGULATIONS ..................................................................................... 13

Section 20. General Provisions ...................................................................................................... 13

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Section 21. General Prohibited Uses ........................................................................................... 13

Section 22. Forest Reserve Sub-Zone (FR-SZ) ............................................................................. 14

Section 23. Civil Reservation Sub-Zone (CR-SZ) ........................................................................ 15

Section 24. Special Use Sub-Zone (SU-SZ) .................................................................................. 16

Section 25. Protection Agricultural Sub-Zone (PTA-SZ) ............................................................ 19

Section 26. Production Agricultural Sub-Zone (PDA-SZ).......................................................... 22

Section 27. Mangrove Sub-Zone (Mn-SZ) ................................................................................... 25

Section 28. Rivers and Creeks Sub-Zone (RC-SZ) ...................................................................... 26

Section 29. Aquaculture Sub-Zone (Aq-SZ) ............................................................................... 27

Section 30. Municipal Fishing Sub-Zone (MF-SZ) ....................................................................... 28

Section 31. General Residential Zone (GR-Z) ............................................................................ 29

Section 32. Socialized Housing Zone (SHZ)................................................................................. 34

Section 33. Commercial-1 Zone (C1-Z) ...................................................................................... 34

Section 34. Commercial-2 Zone (C2-Z) ...................................................................................... 39

Section 35. Commercial-3 Zone (C3-Z) ...................................................................................... 41

Section 36. Industrial-1 Zone (I1-Z) ............................................................................................... 42

Section 37. Industrial-2 Zone (I2-Z) ............................................................................................... 45

Section 38. Industrial-3 Zone (I3-Z) ............................................................................................... 51

Section 39. General Institutional Zone (GI-Z) ............................................................................. 54

Section 40. Parks and Recreation Zone (PR-Z) .......................................................................... 57

Section 41. Cemetery/Memorial Park Zone (C/MP-Z)............................................................. 59

Section 42. Utilities, Transportation, and Services Zone (UTS-Z).............................................. 60

Section 43. Planned Unit Development Zone (PUD-Z) ............................................................ 62

Section 44. City Properties Outside the City Boundaries ........................................................ 63

ARTICLE VII: OVERLAY ZONE REGULATIONS ............................................................................. 64

Section 45. Flood Overlay Zone (FLD-OZ) .................................................................................. 64

Section 46. Landslide Overlay Zone (LSD-OZ) ........................................................................... 65

Section 47. Karst Subsidence Overlay Zone (KSS-OZ).............................................................. 66

Section 48. Ancestral Domain Overlay Zone (AD-OZ) ............................................................ 67

Section 49. Key Biodiversity Area Overlay Zone (KBA-OZ) ..................................................... 68

Section 50. Coastal Wetlands Conservation Area Overlay Zone (CWC-OZ) .................... 68

Section 51. Ecotourism Overlay Zone (ETM-OZ) ........................................................................ 70

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Section 52. Scenic Corridor Overlay Zone (SCD-OZ) ............................................................... 70

Section 53. Urban Corridor Overlay Zone (UCD-OZ) ............................................................... 71

Section 54. Airport Overlay Zone (APT-OZ) ................................................................................ 73

ARTICLE VIII: SPECIAL USES ........................................................................................................ 75

Section 55. Residential Subdivision .............................................................................................. 75

Section 56. Farm Lot Subdivision .................................................................................................. 75

Section 57. Commercial Subdivision ........................................................................................... 75

Section 58. Industrial Subdivision .................................................................................................. 76

Section 59. Billboards ...................................................................................................................... 76

Section 60. Computer Shops ........................................................................................................ 77

Section 61. Accommodation Services ....................................................................................... 77

Section 62. Potential Places of Ill Repute ................................................................................... 77

Section 63. Gambling ..................................................................................................................... 78

Section 64. Cockfighting ............................................................................................................... 78

Section 65. Piggery or Poultry Farms ........................................................................................... 78

Section 66. Slaughterhouse /Abattoir ......................................................................................... 79

Section 67. Market .......................................................................................................................... 79

Section 68. Filling Stations .............................................................................................................. 80

Section 69. Service Stations ........................................................................................................... 80

Section 70. Funeral Establishments .............................................................................................. 81

Section 71. Cemetery/Memorial Park ........................................................................................ 81

Section 72. Columbarium .............................................................................................................. 82

Section 73. Transport Terminal ...................................................................................................... 82

Section 74. Transport Garage ....................................................................................................... 83

Section 75. Open Storage ............................................................................................................. 84

Section 76. Materials Recovery Facility ...................................................................................... 84

Section 77. Sanitary Landfill ........................................................................................................... 85

Section 78. Communication Towers............................................................................................ 85

Section 79. Private Airports and Heliports .................................................................................. 86

Section 80. Renewable Energy Projects ..................................................................................... 86

Section 81. Other Uses .................................................................................................................... 86

ARTICLE IX: GENERAL REGULATIONS ........................................................................................ 87

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Section 82. Area Regulations ........................................................................................................ 87

Section 83. Building Regulations .................................................................................................. 88

Section 84. Height Regulations ..................................................................................................... 88

Section 85. Heritage Buildings ...................................................................................................... 88

Section 86. Buffer Regulations ...................................................................................................... 90

Section 87. Water Easement ......................................................................................................... 91

Section 88. Fault-Line Easement .................................................................................................. 92

Section 89. Utility Easement .......................................................................................................... 92

Section 90. Road Setback Regulations ...................................................................................... 93

Section 91. Specific Provisions in the National Building Code............................................... 93

Section 92. Building or Structure Use ........................................................................................... 93

Section 93. Yard and Off-Street Parking Space ....................................................................... 94

Section 94. Parking Requirements ............................................................................................... 94

Section 95. Vehicular Entrance and Exit .................................................................................... 95

Section 96. Structures to Have Access ....................................................................................... 95

Section 97. Dwelling on Rear Lots ................................................................................................ 95

Section 98. Erection of More Than One Principal Structure ................................................... 96

Section 99. Dwelling Group........................................................................................................... 96

Section 100. Yard Requirements along a Zone Boundary Line ............................................. 96

Section 101. Provisions for Road Widening and Road Rights-of-way .................................. 96

Section 102. Pollution Control ....................................................................................................... 96

Section 103. Provision Surface Drainage and Heat Reduction ............................................ 97

Section 104. Petition to Homeowner’s Association or Barangay.......................................... 97

Section 105. Advertising, Billboards, and Business Signs ......................................................... 97

Section 106. Innovative Techniques and Design ..................................................................... 98

Section 107. Zoning Incentives ..................................................................................................... 99

ARTICLE X: PERFORMANCE STANDARDS ................................................................................ 100

Section 108. Application of Performance Standards ............................................................ 100

Section 109. Environmental Conservation and Protection Standards .............................. 100

Section 110. Agricultural Land Conservation and Preservation Criteria ........................... 102

Section 111. Network of Green Open Spaces ........................................................................ 102

Section 112. Site Development Standards .............................................................................. 103

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Section 113. Noise Standards ..................................................................................................... 104

Section 114. Infrastructure Capacities ...................................................................................... 104

ARTICLE XI: MITIGATING DEVICES ........................................................................................... 106

Section 115. Variances ................................................................................................................. 106

Section 116. Exceptions ............................................................................................................... 106

ARTICLE XII: ADMINISTRATION AND ENFORCEMENT ............................................................. 108

Section 117. Locational Clearance .......................................................................................... 108

Section 118. Validity of Locational Clearance ....................................................................... 109

Section 119. Projects of National Significance ....................................................................... 109

Section 120. Major or Innovative Projects ................................................................................ 109

Section 121. Environmental Compliance Certificate ............................................................ 109

Section 122. Subdivision Projects ............................................................................................... 110

Section 123. Planned Unit Development Projects.................................................................. 111

Section 124. Special Use Permit ................................................................................................. 112

Section 125. Permit for Innovative Techniques ....................................................................... 113

Section 126. Development Permit ............................................................................................. 114

Section 127. Building Permit ........................................................................................................ 114

Section 128. Occupancy Permit ................................................................................................ 114

Section 129. Business Permit ........................................................................................................ 114

Section 130. Variances or Exceptions ....................................................................................... 115

Section 131. Notice of Non-Conformance.............................................................................. 117

Section 132. Certificate of Non-Conformance ...................................................................... 117

Section 133. Existing Non-Conforming Uses, Buildings, and Structures .............................. 118

Section 134. Responsibility for Administration and Enforcement ........................................ 119

Section 135. Qualifications of the Zoning Administrator ....................................................... 119

Section 136. Powers and Functions of a Zoning Administrator ........................................... 120

Section 137. Creation of the Zoning Administration Division ............................................... 120

Section 138. Appeals .................................................................................................................... 122

Section 139. Functions and Responsibilities of the LZBA ....................................................... 122

Section 140. Appeals to LZBA Decisions ................................................................................... 123

Section 141. Composition of the LZBA ...................................................................................... 123

Section 142. Collection of Fees .................................................................................................. 123

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Section 143. Review of the Zoning Ordinance ....................................................................... 125

Section 144. Composition of the Local Zoning Review Committee (LZRC) ..................... 125

Section 145. Functions of the Local Zoning Review Committee (LZRC) ........................... 126

Section 146. Amendments to the Zoning Ordinance ........................................................... 127

Section 147. Update of the Zoning Maps ................................................................................ 127

ARTICLE XIII: FINAL PROVISIONS .............................................................................................. 128

Section 148. Violation and Penalty ........................................................................................... 128

Section 149. Administrative Sanctions ...................................................................................... 129

Section 150. Suppletory Effect of Other Laws and Decrees ................................................ 129

Section 151. Non-Diminution of National Standards ............................................................. 129

Section 152. Consistency Between National and Local Plans ............................................ 129

Section 153. Building Permits Issued Prior to the Approval of this Ordinance .................. 129

Section 154. Funding .................................................................................................................... 130

Section 155. Separability Clause ................................................................................................ 130

Section 156. Non-Retroactivity Clause ..................................................................................... 130

Section 157. Repealing Clause .................................................................................................. 130

Section 158. Transitory Provisions ................................................................................................ 130

Section 159. Effectivity Clause .................................................................................................... 130

ANNEX A: DEFINITION OF TERMS ............................................................................................. 132

ANNEX B: COMPLETE PROCESS FLOW ..................................................................................... 152

ANNEX C: LOCAL CONSERVATION AREA MAP ...................................................................... 153

ANNEX D: OFFICIAL ZONING MAPS ........................................................................................ 154

ANNEX E: SUPPLEMENTARY ZONING MAPS ............................................................................. 160

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List of Maps

Map 1. Local Conservation Area Map ......................................................................................... 153


Map 2: General Zoning Map (2018-2027) .................................................................................... 156
Map 3: Urban Zoning Map (2018-2027) ........................................................................................ 157
Map 4: General Zoning Map with Overlay Zones (2018-2027) ................................................ 158
Map 5: Urban Zoning Map with Overlay Zones (2018-2027) .................................................... 159
Map 6. Water Zoning Map .............................................................................................................. 160
Map 7. Water Zoning Map with Overlay Zones .......................................................................... 161
Map 8. Water Zoning Map (Overlay Zones Only) ...................................................................... 162
Map 9. General Zoning Map (Overlay Zones Only) .................................................................. 163
Map 10. Urban Zoning Map (Overlay Zones Only) .................................................................... 164
Map 11. Zoning Map of Barangay 1 ............................................................................................. 165
Map 12. Zoning Map of Barangay 1 with Overlay Zones ......................................................... 166
Map 13. Zoning Map of Barangay 2 ............................................................................................. 167
Map 14. Zoning Map of Barangay 2 with Overlay Zones ......................................................... 168
Map 15. Zoning Map of Barangay 3 ............................................................................................. 169
Map 16. Zoning Map of Barangay 3 with Overlay Zones ......................................................... 170
Map 17. Zoning Map of Barangay 4 ............................................................................................. 171
Map 18. Zoning Map of Barangay 4 with Overlay Zones ......................................................... 172
Map 19. Zoning Map of Barangay 5 ............................................................................................. 173
Map 20. Zoning Map of Barangay 5 with Overlay Zones ......................................................... 174
Map 21. Zoning Map of Barangay 6 ............................................................................................. 175
Map 22. Zoning Map of Barangay 6 with Overlay Zones ......................................................... 176
Map 23. Zoning Map of Barangay 7 ............................................................................................. 177
Map 24. Zoning Map of Barangay 7 with Overlay Zones ......................................................... 178
Map 25. Zoning Map of Barangay 8 ............................................................................................. 179
Map 26. Zoning Map of Barangay 8 with Overlay Zones ......................................................... 180
Map 27. Zoning Map of Barangay 9 ............................................................................................. 181
Map 28. Zoning Map of Barangay 9 with Overlay Zones ......................................................... 182
Map 29. Zoning Map of Barangay Bantayan ............................................................................. 183
Map 30. Zoning Map of Barangay Bantayan with Overlay Zones ......................................... 184
Map 31. Zoning Map of Barangay Binicuil ................................................................................... 185
Map 32. Zoning Map of Barangay Binicuil with Overlay Zones ............................................... 186
Map 33. Zoning Map of Barangay Camansi ............................................................................... 187
Map 34. Zoning Map of Barangay Camansi with Overlay Zones........................................... 188
Map 35. Zoning Map of Barangay Camingawan ..................................................................... 189
Map 36. Zoning Map of Barangay Camingawan with Overlay Zones ................................. 190

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Map 37. Zoning Map of Barangay Camugao ............................................................................ 191


Map 38. Zoning Map of Barangay Camugao with Overlay Zones ........................................ 192
Map 39. Zoning Map of Barangay Carol-an ............................................................................... 193
Map 40. Zoning Map of Barangay Carol-an with Overlay Zones ........................................... 194
Map 41. Zoning Map of Barangay Daan Banua ........................................................................ 195
Map 42. Zoning Map of Barangay Daan Banwa with Overlay Zones ................................... 196
Map 43. Zoning Map of Barangay Hilamonan ........................................................................... 197
Map 44. Zoning Map of Barangay Hilamonan with Overlay Zones ....................................... 198
Map 45. Zoning Map of Barangay Inapoy .................................................................................. 199
Map 46. Zoning Map of Barangay Inapoy with Overlay Zones .............................................. 200
Map 47. Zoning Map of Barangay Linao ..................................................................................... 201
Map 48. Zoning Map of Barangay Linao with Overlay Zones ................................................. 202
Map 49. Zoning Map of Barangay Locotan ................................................................................ 203
Map 50. Zoning Map of Barangay Locotan with Overlay Zones............................................ 204
Map 51. Zoning Map of Barangay Magballo ............................................................................. 205
Map 52. Zoning Map of Barangay Magballo with Overlay Zones ......................................... 206
Map 53. Zoning Map of Barangay Oringao ................................................................................ 207
Map 54. Zoning Map of Barangay Oringao with Overlay Zones ............................................ 208
Map 55. Zoning Map of Barangay Orong ................................................................................... 209
Map 56. Zoning Map of Barangay Orong with Overlay Zones ............................................... 210
Map 57. Zoning Map of Barangay Pinaguinpinan .................................................................... 211
Map 58. Zoning Map of Barangay Pinaguinpinan with Overlay Zones ................................ 212
Map 59. Zoning Map of Barangay Salong .................................................................................. 213
Map 60. Zoning Map of Barangay Salong with Overlay Zones .............................................. 214
Map 61. Zoning Map of Barangay Tabugon ............................................................................... 215
Map 62. Zoning Map of Barangay Tabugon with Overlay Zones .......................................... 216
Map 63. Zoning Map of Barangay Tagoc ................................................................................... 217
Map 64. Zoning Map of Barangay Tagoc with Overlay Zones ............................................... 218
Map 65. Zoning Map of Barangay Tagukon ............................................................................... 219
Map 66. Zoning Map of Barangay Tagukon with Overlay Zones ........................................... 220
Map 67. Zoning Map of Barangay Talubangi ............................................................................. 221
Map 68. Zoning Map of Barangay Talubangi with Overlay Zones ......................................... 222
Map 69. Zoning Map of Barangay Tampalon............................................................................. 223
Map 70. Zoning Map of Barangay Tampalon with Overlay Zones ........................................ 224
Map 71. Zoning Map of Barangay Tan-awan............................................................................. 225
Map 72. Zoning Map of Barangay Tan-Awan with Overlay Zones ........................................ 226
Map 73. Zoning Map of Barangay Tapi........................................................................................ 227
Map 74. Zoning Map of Barangay Tapi with Overlay Zones ................................................... 228

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List of Tables

Table 1. Base Zones ............................................................................................................................... 7


Table 2. Overlay Zones ......................................................................................................................... 8
Table 3. Zone Boundaries................................................................................................................... 10
Table 4. Parking Requirements ......................................................................................................... 17
Table 5. Laws and Regulations Affecting Land Use ..................................................................... 87
Table 6. Buffer Widths.......................................................................................................................... 90
Table 7. Road Setback Regulations ................................................................................................ 93
Table 8. Parking Requirements ......................................................................................................... 94
Table 9. Environmental Quality Standards for Noise in General Areas.................................. 104
Table 10. Schedule of Fees.............................................................................................................. 124
Table 11. Comparative Composition of the LZBA and LZRC ................................................... 126
Table 12. Schedule of Penalties ..................................................................................................... 128
Table 13. Zoning Map Color Codes............................................................................................... 154

List of Figures

Figure 1. General Process Flow for Locational Clearance ....................................................... 108


Figure 2. Process Flow Prior to Locational Clearance Evaluation ........................................... 110
Figure 3. Process Flow for Special Use Permit and Permit for Innovative Techniques ........ 113
Figure 4. Process Flow for Securing Other Permits ...................................................................... 115
Figure 5. Business Permit Renewal for Non-Conforming Uses .................................................. 118
Figure 6. Complete Process Flow for New Projects .................................................................... 152

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List of Acronyms and Abbreviations

AFMA Agriculture and Fisheries Modernization Act of 1997 (R.A. 6657)


BHL Building Height Limit
BAFS Bureau of Agriculture and Fisheries Standards
B.P. Batas Pambansa
BPO Business Process Outsourcing
E.O. Executive Order
CAAP Civil Aviation Authority of the Philippines
CARL Comprehensive Agrarian Reform Law of 1988 (R.A. 6657)
CBD Central Business District
CCA Climate Change Adaptation
CLUP Comprehensive Land Use Plan
CNC Certificate of Non-Coverage
const. Constructed
DAO Department Administrative Order
DENR Department of Environment and Natural Resources
DOE Department of Energy
DOH Department of Health
DOT Department of Tourism
DPWH Department of Public Works and Highways
DRRM Disaster Risk Reduction and Management
DTI Department of Trade and Industry
ECA Environmentally Critical Areas (ECA)
ECC Environmental Compliance Certificate
ECP Environmentally Critical Projects
EIS Environmental Impact Statement
FAO Food and Agriculture Organization
FLUP Forest Land Use Plan
FPE Flood Protection Elevation
FMB Forest Management Bureau
GFA Gross Floor Area
GLA Gross Leasable Area
ha Hectare
HLURB Housing and Land Use Regulatory Board
HUDCC Housing and Urban Development Coordinating Council of the Philippines
IP Indigenous People
IPRA Indigenous Peoples Rights Act of 1997 (R.A. 8371)
IRR Implementing Rules and Regulations
IT Information Technology

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IT-BPM Information Technology – Business Process Management


KPO Knowledge Process Outsourcing
LC Locational Clearance
LGC Local Government Code
LOI Letter of Instruction
LPG Liquefied Petroleum Gas
LZBA Local Zoning Board of Appeals
LZRC Local Zoning Review Committee
MAPSO Maximum Allowable Percentage of Site Occupancy
MC Memorandum Circular
MICE Meetings, Incentives, Conventions, Exhibitions
MSME Micro, small, and medium-sized enterprise
n.e.c. Not elsewhere classified
NAMRIA National Mapping and Resource Information Authority
NBC National Building Code of the Philippines (P.D. 1096)
NGO Non-Government Organization
NIPAS National Integrated Protected Areas System Act of 1992 (R.A. 7586)
NLA Net Leasable Area
NWRB National Water Resources Board
OTOP One Town, One Product
P.D. Presidential Decree
PEZA Philippine Economic Zone Authority
PHIVOLCS Philippine Institute of Volcanology and Seismology
POGO Philippine Offshore Gaming Operator
PUV Public Utility Vehicle
PWD Person with Disability
R.A. Republic Act
RED Regional Executive Director
SP Sangguniang Panlungsod
STP Sewage Treatment Plant
sq.m. Square Meter
TLA Total Lot Area
UDHA Urban Development and Housing Act of 1992
USA Unpaved Surface Area
ZO Zoning Ordinance

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ORDINANCE NO. ___


Series of 2018

AN ORDINANCE ENACTING THE


INTEGRATED ZONING ORDINANCE OF
THE CITY OF KABANKALAN OF 2018

Be it ordained by the Sangguniang Panlungsod of Kabankalan that:

ARTICLE I:
TITLE OF THE ORDINANCE

Section 1. 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

Section 2. Rational Development

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.

Section 3. Ecological Balance

Although human health and well-being is the ultimate consideration of


development, the environment provides humans with a life supporting system and, as such,
must be preserved, conserved, and managed to enhance the quality of life.

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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.

Section 4. Food Security

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.

Section 5. Adaptation and Risk Reduction

Kabankaleños shall be kept safe from natural hazards through zoning regulations
that integrate climate change adaptation measures and disaster risk reduction and
management.

Section 6. Inclusivity and Equity

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.

Section 7. Preservation of Culture

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.

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Section 8. Rights of Indigenous People

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

A God-loving and God-fearing society is a moral, peaceful, responsible, optimistic,


and resilient society. Family bonds shall remain strong with the absence of establishments
that (1) promote sexual immorality and (2) encourage the irresponsible use of financial
resources. The City shall, therefore, ban all land uses related to these immoral and
irresponsible activities.

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ARTICLE III:
AUTHORITY AND PURPOSE

Section 10. Authority

This Ordinance is enacted pursuant to the provisions of the Local Government


Code of 1991 (R.A. 7160, Sections 447, 448, and 458), authorizing the City through the
Sangguniang Panlungsod to adopt a Zoning Ordinance subject to the provisions of existing
laws and in accordance with related laws such as, but not limited to the National Building
Code (P.D. 1096), the Sanitation Code (P.D. 856), the Urban Development and Housing Act
(R.A. 7279), the Indigenous People’s Rights Act (R.A. 8371), the National Cultural Heritage
Act (R.A. 10066), the Revised Forestry Code (P.D. 705), the Water Code (P.D. 1076), the
Agriculture and Fisheries Modernization Act (R.A. 8435), and Executive Order 72.

Section 11. Purposes

This ordinance is enacted for the following purposes:

1. Promote sustainable development or development that meet the needs of the


present without compromising the ability of future generations to meet their own
needs.

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.

6. Promote livable and resilient communities by promoting a balanced ecology and


considering inherent constraints and opportunities.

7. Protect the character and stability of forest, agricultural, waters, residential,


commercial, industrial, institutional, tourism, parks, utilities, and other functional
areas within the City and promote the orderly and beneficial development of these
areas.

8. Provide adequate light, air, privacy, adaptive capacity, and convenience of


access to property, and to ensure safety from hazards such as fire, flood, landslide,
liquefaction, subsidence, and other dangers.

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9. Prevent undue concentration of population and property.

10. Help ensure inclusive growth within Kabankalan as a premiere agri-industrial and
premiere commercial center in the Province of Negros Occidental.

11. Enhance participatory planning through citizen involvement in comprehensive


land use planning and formulation of regulatory measures to ensure success in plan
implementation and compliance with land use policies.

Section 12. General Zoning Principles

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.

4. This Ordinance has been primarily designed to encourage high-quality


development projects in addition to regulating against the worst type of projects.

5. This Ordinance has been crafted in a manner that is fully-responsive to the


everchanging conditions that the City continually faces.

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).

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ARTICLE IV:
DEFINITION OF TERMS

Section 13. 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.

Section 14. Construction and Interpretation of 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.

The listing of uses shall, unless otherwise indicated, be similarly construed. In


addition, the following rules shall be observed:

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”.

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ARTICLE V:
ZONE CLASSIFICATIONS

Section 15. Base Zones

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.

Table 1. Base Zones


Zoning
Zoning Classification
Code
Forest Zone
Protection Forest Sub-Zone
1 Forest Reserve Sub-Zone FR-SZ
2 Civil Reservation Sub-Zone CR-SZ
Production Forest Sub-Zone
3 Special Use Sub-Zone SU-SZ
Agricultural Zone
4 Protection Agricultural Sub-Zone PTA-SZ
5 Production Agricultural Sub-Zone PDA-SZ
Municipal Water Zone
Protection Water Sub-Zone
6 Mangrove Sub-Zone Mn-SZ
7 Rivers and Creeks Sub-Zone RC-SZ
Production Water Sub-Zone
8 Aquaculture Sub-Zone Aq-SZ
9 Municipal Fishing Sub-Zone MF-SZ
Other Zones
10 General Residential Zone GR-Z
11 Socialized Housing Zone SHZ
12 Commercial-1 Zone C1-Z
13 Commercial-2 Zone C2-Z
14 Commercial-3 Zone C3-Z
15 Industrial-1 Zone I1-Z
16 Industrial-2 Zone I2-Z
17 Industrial-3 Zone I3-Z
18 General Institutional Zone GI-Z

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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

Section 16. Overlay Zones

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.

Table 2. Overlay Zones


Zoning Classification Zoning Code
1 Flood Overlay Zone FLD-OZ
2 Landslide Overlay Zone LSD-OZ
3 Karst Subsidence Overlay Zone KSS-OZ
4 Ancestral Domain Overlay Zone AD-OZ
5 Key Biodiversity Area Overlay Zone KBA-OZ
6 Coastal Wetlands Conservation Area Overlay Zone CWC-OZ
7 Ecotourism Overlay Zone ETM-OZ
8 Scenic Corridor Overlay Zone SCD-OZ
9 Urban Corridor Overlay Zone UCD-OZ
10 Airport Overlay Zone APT-OZ

Section 17. Zoning Map

It is hereby adopted as an integral part of this Ordinance, the duly authenticated


and Official Zoning Maps of the City as prepared by the City Planning and Development
Office showing location and boundaries of the Base Zones and Overlay Zones herein
established (refer to Annex).

The Official Zoning Maps shall consist of:

1. the General Zoning Map and


2. the Urban Zoning Map
3. General Zoning Map with Overlay Zones
4. Urban Zoning Map with Overlay Zones

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5. Zoning Map for each Barangay (32 maps)

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:

1. HLURB Regional Office


2. Provincial Planning and Development Office
3. Office of the City Mayor
4. Sangguniang Panlungsod
5. City Planning and Development Office (2 copies)
6. Office of the City Zoning Administrator
7. City Engineer’s Office
8. City Assessor’s Office
9. City Treasurer’s Office
10. City Local Zoning Board of Appeals
11. City Library
12. Business Processing and Licensing Office
13. Library of the Central Philippines State University (Main Campus)

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:

1. Office of the City Mayor


2. Sangguniang Panlungsod
3. City Planning and Development Office
4. Office of the City Zoning Administrator
5. City Engineer’s Office
6. City Assessor’s Office
7. City Treasurer’s Office
8. City Agriculture Office
9. City Environment Office
10. City Disaster Risk Reduction and Management Office
11. City Local Zoning Board of Appeals

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.

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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.

Section 18. Zone Boundaries

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:

Table 3. Zone Boundaries


Zoning Zoning
Location
Classification Code
1 Forest Reserve Sub- FR-SZ • Ilog-Hilabangan Watershed Forest
Zone Reserve
• Kabankalan Watershed Forest Reserve
2 Civil Reservation CR-SZ • Central Philippines State University
Sub-Zone
3 Special Use Sub- SU-SZ • Other forest lands for production and
Zone protection
4 Protection PTA-SZ • Agricultural lands planted with rice
Agricultural Sub- and white corn as of the approval of
Zone this Ordinance
5 Production PDA-SZ • Other agricultural lands
Agricultural Sub-
Zone
6 Mangrove Sub-Zone Mn-SZ • Coastal areas within Barangay Daan
Banua
7 Rivers and Creeks RC-SZ • All rivers, creeks, irrigation ditches, and
Sub-Zone other inland bodies of water
8 Aquaculture Sub- Aq-SZ • All fishponds outside forest lands
Zone
9 Municipal Fishing MF-SZ • All municipal coastal waters
Sub-Zone
10 General Residential GR-Z • Areas with potential for general
Zone housing development and existing
residential areas
11 Socialized Housing SHZ • Areas with potential for socialized
Zone housing development and existing
socialized housing subdivisions
12 Commercial-1 Zone C1-Z • City roads within rural growth nodes
13 Commercial-2 Zone C2-Z • Areas within the Poblacion
14 Commercial-3 Zone C3-Z • Sections of the National Highway
15 Industrial-1 Zone I1-Z • Areas previously zoned as industrial
southeast of the Poblacion

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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”

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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

Section 19. Interpretation of the Zone Boundary

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.

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ARTICLE VI:
BASE ZONE REGULATIONS

Section 20. General Provisions

Zone regulations refer to Use and Building Regulations as described below:

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.

Specific uses/activities of lesser density (C-1) within a particular zone may be


allowed within the zone of higher density (C-2) but not vice versa.

Building Regulations

Building regulations specify whether buildings/structures may be allowed in specific


zones/sub-zones. When allowed, buildings/structures shall be designed, constructed, and
operated in accordance with the requirements of each zone’s/sub-zone’s governing
authority as well as with the relevant provisions of the NBC and this Ordinance.

In certain zones, the design of buildings/structures may also be regulated by this


Ordinance according to Building Height Limit in consonance with the NBC and to
architectural design to ensure harmony with the desired character of the zone in
consideration.

Section 21. General Prohibited Uses

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,

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o Off-track betting stations, and


o Activities which may be in violation of The Animal Welfare Act of 1998
(R.A. 8485)
o However, certain gambling activities may be allowed by the
Sangguniang Panlungsod subject to specific conditions (see Special
Uses)
• Establishments of ill-repute, commonly associated with red light districts,
specifically those promoting prostitution and sexual immorality:
o “Short-time” accommodation,
o Cabaret, pub, or beer garden,
o Brothel, strip club, night club, men’s club, or gentlemen’s club,
o Spa and massage offering indecent services,
o Shops offering adult toys, equipment, furniture, videos, games,
magazines, and other related products,
o However, the following establishments may be allowed subject to
specific conditions (see Special Uses)
▪ Videoke bar, karaoke bar, or KTV bar,
▪ Music lounge or cocktail lounge,
▪ Disco or dance hall

Also, consistent with the City’s vision of achieving and maintaining ecological
balance, the following are strictly prohibited in all zones within the City:

• Open dumpsites and controlled dump;


• Crematorium, incinerators, and other incineration activities;
• Nuclear, radioactive, chemical, and biological warfare research;
• Treasure-hunting activities (exploration and excavation of historical artifacts),
mineral exploration, and soil excavation, except for river dredging and
quarrying; and
• Houses, factories, agricultural facilities, commercial establishments, and other
structures without sewage treatment facility or septic tank and directly
discharging sewage and septage into canals, irrigation lines, creeks, rivers, and
other bodies of water.

Section 22. Forest Reserve Sub-Zone (FR-SZ)

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.”

Allowable Primary Use/Activity

• Reforestation
• Biodiversity conservation

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Allowable Secondary Uses/Activities

• Religious ceremonies of Indigenous Peoples (IPs)


• Other lawful uses

Conditional Uses/Activities

• Hunting and fishing limited to non-endangered species


• Existing residential uses may be allowed provided that there is no expansion of
structures, whether horizontal or vertical, and that each house has an access
to a sewage treatment facility. However, residents must gradually relocate
outside this zone.
• Education, training, and scientific study, provided that there is no gathering of
species or any alteration in the area.
• Eco-tourism, provided that:
o Activities such as hiking, cycling, and camping 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;
o Such activities must be regulated following a Tourism Master
Development Plan for the City; and
o Expansion or alteration of permanent structures shall be allowed,
provided that such changes are consistent with the Tourism Carrying
Capacity Study and Tourism Master Development Plan.

Prohibited Uses/Activities

• Cutting of trees, especially for timber and charcoal purposes


• Kaingin and conversion of forests to agricultural uses
• Sawmill

Overriding Regulations

• Sub-zones, allowed, regulated, and prohibited uses, and other regulations


detailed in the City’s Forest Land Use Plan (FLUP) shall prevail over any
regulations stated above in case of conflict.

Section 23. Civil Reservation Sub-Zone (CR-SZ)

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.”

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Within the City, this zone is specifically identified as the Central Philippine State
University reservation, established by virtue of Presidential Proclamation 49 in 1953.

Allowable Primary Uses/Activities

• As provided in the specific proclamation.

Allowable Secondary Uses/Activities

• All uses allowed in accordance with the Land Use Plan or Master Development
Plan of the Central Philippines State University (CPSU).

Building Regulations

• Buildings and structures shall be designed, constructed, and operated in


accordance with the requirements of the Central Philippines State University,
NBC, and with the provisions of this Ordinance.

Section 24. Special Use Sub-Zone (SU-SZ)

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.

Allowable Primary Uses/Activities

• 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)

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Allowable Secondary Uses/Activities

• Settlements under special tenures and arrangements such as:


o Certificates of Stewardship (CS) (LOI 1260 and DAO 1998-45)
o Peace and Development Communities (PCD) under the Payapa at
Masaganang Pamayanan (PAMANA) Framework of the Office of the
Presidential Adviser on Peace Process (OPAPP)
• Other production forest activities allowed in the City’s FLUP
• Other lawful purposes

Conditional Uses/Activities

• The Special Forest Landuse Agreements shall be subject to land area limits:

Table 4. Parking Requirements


Use/Activity Maximum Area (ha)
1 School site 5.00
2 Plant nursery site 3.00
3 Herbal/medicinal plantation 10.00
4 Nipa plantation 10.00
5 Log pond/log depot site 5.00
6 Lumberyard 5.00
7 Water reservoir or impounding dam Subject to the joint recommendation of
the DENR’s Regional Technical Director
– Forest Management Sector and
regional heads of agencies concerned
8 Power station site 5.00
9 Right-of-way (including but not limited Subject to the joint recommendation of
to transmission line right-of-way (TLRW) RED and regional heads of agencies
and communication right-of-way concerned
(CRW)
10 Communication station site / 3.00
communication tower (also see
Special Uses)
11 Landing strip / airport (also see Special As recommended by CAAP
Uses)
12 Warehouse / Bodega 5.00
13 Motor pool site 5.00
14 Other lawful uses 10.00

• Existing residential uses are allowed provided that there is no expansion of


structures, whether horizontal or vertical, and that each house has an access
to a sewage treatment facility.

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• Campsites, tourist homes, and tourist cabins


• Eco-tourism, Cultural Tourism (Cultural Hub or Cultural Village), and Agri-Tourism,
provided that:
o Eco-tourism activities such as hiking, cycling, and camping, and 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 Cultural tourism and agri-tourism complexes must be provided with
complete facilities for solid waste management, sewage and septage
treatment, and storm drainage;
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.
• Other potential tourism activities such as hot air balloon riding, paragliding,
skydiving, BASE jumping, zip-line, zip-bike, tree-top adventure, giant swing,
bungee jumping, rock climbing, and cable cars, provided that:
o Structures supporting activities have been professionally installed and
duly certified as safe for tourism purposes by the appropriate certifying
or regulating office or agency;
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.
• Traditional aquaculture provided that such projects:
o Are existing as of the approval of this Ordinance;
o Shall not be expanded;
o Shall not be converted into semi-intensive, intensive, and super-intensive
aquaculture operations.

Prohibited Uses/Activities

• Unlawful cutting of trees, especially for timber and charcoal purposes


• Kaingin and conversion of forests to agricultural uses
• Sawmill

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Overriding Regulations

• Sub-zones such as Protection and Production zones, allowed uses, prohibitions,


and other regulations detailed in the City’s Forest Land Use Plan (FLUP) shall
prevail over any regulations stated above in case of conflict.

Building Regulations

• When allowed, buildings and structures shall be designed, constructed and


operated in accordance with the requirements of the DENR, NBC, and with the
provisions of this ordinance.

Section 25. Protection Agricultural Sub-Zone (PTA-SZ)

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.

Allowable Primary Uses/Activities

• Cultivation, raising, and growing of staple crops such as rice


• Crop rotation (other staple plant food only, such as root crops and vegetables)
• Single-detached dwelling units of landowners (see conditional uses below for
sites with multiple structures, such as agri-tourism sites)
• Customary support facilities such as palay dryers (flatbed dryers, multi-purpose
drying pavements, etc.), rice threshers, and storage barns and warehouses
• Single-pass (see Definition of Terms) mills (cono)

Allowable Secondary Uses/Activities

• 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

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Conditional Uses/Activities

• Postharvest processing and trading center


• Other utilities such as communication and power station sites and rights-of-way
may be allowed provided that there shall be no significant reduction or
restriction on the use of rice lands (see Communication Towers under Special
Uses).
• Engaging in home businesses such as dressmaking, tailoring, running an eatery,
carinderia, or sari-sari store and the like, provided that:
o The number of persons engaged in such business/industry shall not
exceed ten (10), inclusive of owner;
o There shall be no change in the outside appearance of the building
premises;
o Such home occupation shall not occupy more than forty percent (40%)
of the gross floor area of the dwelling unit;
o No traffic shall be generated by such home occupation in greater
volume than would normally be expected in a residential
neighborhood;
o Any need for parking generated by the conduct of such home
occupation shall be met off the street and in a place other than the
required front yard; and
o No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odors, and electrical interference
detectable to the normal senses and visual or audible interference in
any radio or television receiver or causes fluctuations in line voltage off
the premises.
• Home Industry classified as cottage industry provided that:
o Such home industry shall be consistent with the City’s MSME
Development Plan;
o Such home industry shall not occupy more than forty percent (40%) of
the gross floor area of the dwelling unit;
o There shall be no change or alteration in the outside appearance of the
dwelling unit and shall not be a hazard or nuisance;
o Allotted and authorized capitalization shall not exceed more than three
million pesos (PHP 3,000,000.00), during its entire operation;
o No traffic shall be generated by such home industry in greater volume
than would normally be expected in a residential neighborhood;
o Any need for parking generated by the conduct of such home industry
shall be met off the street and in a place other than the required front
yard; and

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o No equipment or process shall be used in such home industry which


creates noise, vibration, glare, fumes, odors, and electrical interference
detectable to the normal senses and visual or audible interference in
any radio or television receiver or causes fluctuations in line voltage off
the premises.
• Eco-tourism, Cultural Tourism (Cultural Village or Cultural Hub), 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
agencies as needed, and permitted upon payment of an
environmental management fee;
o Cultural tourism and agri-tourism complexes must be provided with
complete facilities for solid waste management, sewage and septage
treatment, and storm drainage;
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

• Conversion to the production of non-staple food


• Multi-pass corn mills and rice mills which shall only be allowed within the
Industrial-2 Zone

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

• When allowed, buildings and structures shall be designed, constructed and


operated in accordance with the requirements of the NBC and with the
provisions of this Ordinance.
• The Building Height Limit is 10.00 meters above established grade as provided
in the NBC.

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Section 26. Production Agricultural Sub-Zone (PDA-SZ)

Allowable Primary Uses/Activities

• 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

Allowable Secondary Uses/Activities

• Single-detached dwelling units of landowners


• Customary support facilities such as palay dryers (flatbed dryers, multi-purpose
drying pavements, etc.), rice threshers, and storage barns and warehouses
• Single-pass mills (cono)
• Agricultural research and experimentation facilities
• Ancillary dwelling units/farmhouses for tenants, tillers, and laborers
• Farmers’ cooperative office, hall, training center, and storage room
• Irrigation dikes, farm-to-market roads, and other related infrastructure
• Power station site
• Right-of-way (including but not limited to transmission line right-of-way (TLRW)
and communication right-of-way (CRW)

Conditional Uses/Activities

• Farmlot subdivisions (see Definition of Terms and Special Uses)


• Communication towers (see Special Uses)
• Renewable energy projects (see Special Uses)
• Poultry farms (see Definition of Terms and Special Uses)
• Piggery farms (see Definition of Terms and Special Uses)
• Class “A” Slaughterhouse/Abattoir (see Definition of Terms and Special Uses)
• Indoor agriculture and aquaculture provided that solid and liquid waste
management facilities such as STP are integrated.
• Postharvest processing and trading center
• Engaging in home businesses such as dressmaking, tailoring, running an eatery,
carinderia, or sari-sari store and the like, provided that:

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o The number of persons engaged in such business/industry shall not


exceed ten (10), inclusive of owner;
o There shall be no change in the outside appearance of the building
premises;
o Such home occupation shall not occupy more than forty percent (40%)
of the gross floor area of the dwelling unit;
o No traffic shall be generated by such home occupation in greater
volume than would normally be expected in a residential
neighborhood;
o Any need for parking generated by the conduct of such home
occupation shall be met off the street and in a place other than the
required front yard; and
o No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odors, and electrical interference
detectable to the normal senses and visual or audible interference in
any radio or television receiver or causes fluctuations in line voltage off
the premises.
• Home Industry classified as cottage industry provided that:
o Such home industry shall be consistent with the City’s MSME
Development Plan;
o Such home industry shall not occupy more than forty percent (40%) of
the gross floor area of the dwelling unit;
o There shall be no change or alteration in the outside appearance of the
dwelling unit and shall not be a hazard or nuisance;
o Allotted and authorized capitalization shall not exceed more than three
million pesos (PHP 3,000,000.00), during its entire operation;
o No traffic shall be generated by such home industry in greater volume
than would normally be expected in a residential neighborhood;
o Any need for parking generated by the conduct of such home industry
shall be met off the street and in a place other than the required front
yard; and
o No equipment or process shall be used in such home industry which
creates noise, vibration, glare, fumes, odors, and electrical interference
detectable to the normal senses and visual or audible interference in
any radio or television receiver or causes fluctuations in line voltage off
the premises.
• Campsites, tourist homes, and tourist cabins
• Eco-tourism, Cultural Tourism (Cultural Village or Cultural Hub), and Agri-Tourism,
provided that:

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o Eco-tourism activities such as hiking, cycling, and camping 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 Cultural tourism and agri-tourism complexes must be provided with
complete facilities for solid waste management, sewage and septage
treatment, and storm drainage;
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.
• Traditional aquaculture provided that such projects:
o Are existing as of the approval of this Ordinance;
o Shall not be expanded;
o Shall not be converted into semi-intensive, intensive, and super-intensive
aquaculture operations. Any such application for expansion and
conversion into higher-intensity operations must submit a detailed study
on the impact of higher water and energy consumption for such
operations as well as other impacts on the natural and built
environments.
• Staging and processing site for river dredging and quarrying provided that:
o Such project has secured all required certifications, permits, and
licenses from local and national government offices;
o A detailed mitigation and rehabilitation plan has been submitted to the
local government for review and a deposit for rehabilitation costs has
been made as deemed necessary by the local government; and
o The river quarrying operations is consistent with a long-term integrated
plan for dredging or quarrying the major rivers in the City as well as with
the City’s Drainage Master Plan.
• Transloading or transfer stations for sugarcane harvests, provided that such
stations are located beyond a 500-meter radius from residences.

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

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Building Regulations

• When allowed, buildings and structures shall be designed, constructed and


operated in accordance with the requirements of the NBC and with the
provisions of this Ordinance.
• The Building Height Limit is 10.00 meters above established grade as provided
in the NBC.

Section 27. Mangrove Sub-Zone (Mn-SZ)

As per the Fisheries Code, this zone is characterized as “a community of intertidal


plants including all species of trees, shrubs, vines and herbs found on coasts, swamps or
border of swamps.”

Allowable Primary Uses/Activities

• Mangrove plantation

Allowable Secondary Uses/Activities

• Scientific research and education

Conditional Uses/Activities

• Eco-tourism, provided that:


o Eco-tourism activities such as planting, boating, bird-watching 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

• 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

• No permanent buildings or structures are allowed.


• Foot bridges and observation decks of light materials, however, may be
allowed.

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Section 28. Rivers and Creeks Sub-Zone (RC-SZ)

This zone includes all rivers, creeks, and other flowing bodies of water within the
City.

Allowable Primary Uses/Activities

• Regulated traditional fishing


• Navigation

Allowable Secondary Uses/Activities

• 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

• Eco-tourism, provided that:


o Eco-tourism activities such as boating, paddle boarding, kayaking,
floating restaurants, and floating performing stages are registered with
the City Tourism Office, concerned Barangay, 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.
• Docks and fish ports
• Ferry stations and eco-tourism structures on stilts
• River dredging and quarrying provided that:
o Such project has secured all required certifications, permits, and
licenses from local and national government offices;
o A detailed mitigation and rehabilitation plan has been submitted to the
local government for review and a deposit for rehabilitation costs has
been made as deemed necessary by the local government; and
o The river quarrying operations is consistent with a long-term integrated
plan for dredging or quarrying the major rivers in the City as well as with
the City’s Drainage Master Plan.

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Conditional Uses/Activities

• Hydro-electric dam (see Renewable Energy Projects under Special Uses).

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

• No other permanent buildings or structures are allowed except for duly-


approved fish landing and minor tourism ports.

Section 29. Aquaculture Sub-Zone (Aq-SZ)

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.”

Allowable Primary Uses/Activities

• Aquaculture

Allowable Secondary Uses/Activities

• Single-detached dwelling units of landowners


• Customary support facilities such as nurseries, hatcheries, feed storage sheds,
harvest sheds, etc.
• Aquacultural research and experimentation facilities
• Ancillary dwelling units/houses for tenants and laborers
• Irrigation dikes, farm-to-market roads, and other related infrastructure

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

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agencies as needed, and permitted upon payment of an


environmental management fee;
o Agri-Tourism complexes, including “floating restaurants" or “restaurants
in fishponds”, must be provided with complete facilities for solid waste
management, sewage and septage treatment, and storm drainage;
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.

Building Regulations

• Except for duly-approved aquaculture-related structures such as dikes and fish


cages, no other temporary structures are allowed.
• No permanent buildings or structures are allowed.

Section 30. Municipal Fishing Sub-Zone (MF-SZ)

An area within the Municipal Waters Zone of the City where only municipal fishing,
as defined in the Fisheries Code, is allowed.

Allowable Primary Uses/Activities

• Fishing using vessels of three (3) gross tons or less


• Fishing not requiring the use of fishing vessels
• Navigation

Allowable Secondary Uses/Activities

• Scientific research and education

Conditional Uses/Activities

• Eco-tourism, provided that:


o Eco-tourism activities such as snorkeling, boating, kayaking, and bird-
watching 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

• Floatels and accommodation on stilts

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• Mariculture structures such as fish pens


• Commercial fishing (see Definition of Terms)

Building Regulations

• No permanent buildings or structures are allowed.


• Foot bridges and observation decks of light materials, however, may be
allowed.

Section 31. General Residential Zone (GR-Z)

This is an area within the City intended principally for dwelling/housing purposes.

Allowable Primary Uses/Activities

• Single-detached, single-family dwelling units (e.g. Bungalows)


• Semi-detached, single-family dwelling units (e.g. Duplex)
• Multi-family dwelling units
• Rowhouses
• Townhouses
• Apartments
• Apartels or serviced apartments
• Hotels
• Hostels
• Hometels
• Homestays
• Bed & breakfast
• Tourist homes
• Guest houses
• Pension houses
• Inns
• Lodges
• P.D. 957 subdivisions
• P.D. 957 condominiums
• Residential condominium buildings
• Residential condominium subdivisions (horizontal development)
• Condotels or serviced condominiums
• Dormitories
• Dormitels or serviced dormitories
• Condormitels or serviced dormitories and condominiums
• Boarding houses
• Study hall
• Other student residences
• All housing levels:

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o Socialized
o Economic
o Low-Cost
o Mid-Cost
o High-End

Allowable Secondary Uses/Activities

• Disaster-resilient evacuation centers


• Small-scale or community rainwater harvesting and treatment facility
• Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
o Swimming pool
o Basketball courts
• Community facilities and social centers such as:
o Barangay hall or people’s hall
o Multi-purpose hall
o Libraries, galleries, or museums
o Pharmacy or drug store
o Health center
o Birthing center
o Lactation center
o Social hygiene clinics
o Social welfare center
o Day care center / pre-school
o Tutorial services
o Senior citizen center
o Police outpost
o Barangay tanod outpost
o Other libraries, galleries, and museums
o Child-minding center or kinder home for working parents
• Social welfare residences such as:
o Orphanage
o PWD halfway house
o Home for the aged
o Retirement houses, villages, or subdivisions
o Residential care facility for children
• Green spaces such as:
o Roof gardens
o Orchidarium
o Horticultural nursery
o Plant nursery or track garden
o Community vegetable garden, organic farm, or urban farm

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• Open spaces such as:


o Children’s park, freedom park, pocket park, linear park, parkway,
parklet, esplanade, promenade, playground, play lot, plaza, lawn, zen
garden, and prayer garden
o Plaza, piazza, quadrangle, or pedestrian square

• Customary accessory uses such as:


o Guardhouse
o Parking spaces or parking buildings
o Bicycle parking areas
o Pump houses
o Generator houses
• Minor transportation terminals and waiting sheds

Conditional Uses/Activities

• Residential subdivisions (see Special Uses)


• Farmlot subdivisions (see Definition of Terms and Special Uses)
• Communication tower (see Special Uses)
• Customary accessory uses incidental to any of the allowed uses provided that
such accessory uses shall not include any activity conducted for monetary gain
or commercial purposes. These customary accessory uses include:
o Servants’ quarters
o Private car port or garage
o Laundries
o Houses for pets such as dogs, birds, rabbits and the like
• Houses for pets shall not be more than 4.00 sq.m. in gross floor area and such
pet houses shall not create nuisance to nearby residences (e.g. noise, odor)
• The following uses, provided that (1) no health hazard and nuisance to nearby
residences are created (e.g. noise, foul odor, noxious gas, traffic congestion),
(2) buffer spaces or structures are integrated in the design to minimize any
nuisance, (3) sufficient parking spaces are provided off-street or within the yard,
and (4) a Certificate of No Objection has been issued by the Home Owners’
Association (HOA) for subdivisions or by the Barangay:
o Outpatient clinics, family planning clinics, maternity/lying-in clinics,
diagnostic clinics, dental clinics, veterinary clinics, and medical and
clinical laboratories
o Hotels and other accommodation establishments with swimming pools
and recreational facilities
o Club house, sports club, and sports and recreational facilities such as
basketball courts, volleyball courts, tennis courts, and swimming pools
o Elementary school
o High school

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o Integrated school (any combination of pre-school, day care center,


elementary school, or high school)
o Technical school
o Vocational school
o Livelihood training center
o “Teen Bayan Center”
o Religious use
o Generator houses
o Materials recovery facility
o Small-scale composting facility
• The following uses conditional on the approval of the home owners’
association, neighborhood, or local community:
o Psychosocial and mental health facility
o Transitional housing facility
o “Bahay Pag-asa”
• Clinic, nursing, and convalescing home except for drug rehabilitation centers
• Office of physicians, dentists, lawyers, engineers, architects, accountants, and
other professionals, provided that:
o Such professionals are members of the family residing in the premises;
o Nor more than five (5) professional or semi-professional assistants are
employed at any time;
o Such professional office shall not occupy more than forty percent (40%)
of the gross floor area of the dwelling unit; and
o No window or display sign shall be used to advertise such profession
other than a single sign.
• Engaging in home businesses such as dressmaking, tailoring, running an eatery,
carinderia, or sari-sari store and the like, provided that:
o The number of persons engaged in such business/industry shall not
exceed ten (10), inclusive of owner;
o There shall be no change in the outside appearance of the building
premises;
o Such home occupation shall not occupy more than forty percent (40%)
of the gross floor area of the dwelling unit;
o No traffic shall be generated by such home occupation in greater
volume than would normally be expected in a residential
neighborhood;
o Any need for parking generated by the conduct of such home
occupation shall be met off the street and in a place other than the
required front yard; and

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o No equipment or process shall be used in such home occupation which


creates noise, vibration, glare, fumes, odors, and electrical interference
detectable to the normal senses and visual or audible interference in
any radio or television receiver or causes fluctuations in line voltage off
the premises.
• Home Industry classified as cottage industry provided that:
o Such home industry shall be consistent with the City’s MSME
Development Plan;
o Such home industry shall not occupy more than forty percent (40%) of
the gross floor area of the dwelling unit;
o There shall be no change or alteration in the outside appearance of the
dwelling unit and shall not be a hazard or nuisance;
o Allotted and authorized capitalization shall not exceed more than three
million pesos (PHP 3,000,000.00), during its entire operation;
o No traffic shall be generated by such home industry in greater volume
than would normally be expected in a residential neighborhood;
o Any need for parking generated by the conduct of such home industry
shall be met off the street and in a place other than the required front
yard; and
o No equipment or process shall be used in such home industry which
creates noise, vibration, glare, fumes, odors, and electrical interference
detectable to the normal senses and visual or audible interference in
any radio or television receiver or causes fluctuations in line voltage off
the premises.
• Car barns, car ports, garages, or parking buildings for public utility vehicles such
as: jeepneys and mini-school buses (vans), provided:
o Not more than three (3) units
o No street/sidewalk parking
• Other conditional uses:
o Bigasan
o Neighborhood convenience store or mini-mart
o Sales of liquor
o Purified water refilling station
o Laundry shop or laundromat
o Dry cleaning services
o Internet café (no games, no gambling, no access to pornography)

Prohibited Uses/Activities

• LPG dealer
• Funeral establishments (all categories)

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Building Regulations

• Per the relevant provisions of the NBC, P.D. 957 and this Ordinance.

Section 32. Socialized Housing Zone (SHZ)

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).

Allowable Primary Uses/Activities

• 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

Allowable Secondary Uses/Activities

• Disaster-resilient evacuation center


• Small-scale or community rainwater harvesting and treatment facility
• Bicycle parking areas

Conditional Uses/Activities

• Sales of liquor

Prohibited Uses/Activities

• Funeral establishments (all categories)

Building Regulations

• Applicable provisions of B.P. 220 and other housing regulations

Section 33. Commercial-1 Zone (C1-Z)

A low-density commercial area within the City intended for barangay, subdivision,
neighborhood, or community-scale trade, service, and business activities.

Allowable Primary Uses/Activities

• Micro, Small, and Medium-sized Enterprises (MSMEs)


• MSME Training Centers

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• Business incubators or tech incubators


• Food and beverage shops like:
o Cafés or coffee shops
o Restaurants
o Bar and bistro
o Eateries/canteens/carinderias
o Fast food center or food court
o Food park
o Food stalls, kiosks, or wagons (e.g. lechon manok, siomai)
• Food shops like:
o Convenience stores
o Liquor and wine stores
o Groceries
• Retail stores and shops like:
o Department stores
o Bookstores, school supply shops, and office supply shops
o Art supplies and novelty stores
o Home appliance stores
o Drug goods stores (tiangge)
o Clothing stores (e.g. ukay-ukay and ready-to-wear)
o Flower shops
o Curio or antique shops
o Jewelry and watch shops
o Pet shops and aquarium stores
o Consumer electronics such as mobile phones, laptops, desktop
computers, tablets, home appliances, and the like
o Mobile phone loading station
o Drug store or pharmacy
o Purified water refilling stations
o LPG dealer
o Showroom/display store for other products
• Personal service shops like:
o Medical, dental, and similar clinics
o Beauty parlor and facial clinics
o Barber shop
o Wellness facilities such as sauna, spa, massage, reflexology, and
acupuncture
o Dressmaking and tailoring shop
• Supply and service shops for agriculture, horticulture, and the like:
o Agricultural supply store (e.g. feeds, tools, and organic fertilizers)
o Retail of plants, grass, garden accessories, etc. (neighborhood-scale
operation)

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o Gardens and landscaping contractors


• Repair shops like:
o House furniture and appliances repair shops
o Motor vehicles and accessory repair shops
o Bicycle repair shops
o Repair shops for watches, bags, shoes, mobile phones, cameras,
computers, and the like
o Repair shops for jewelry
• Financial institutions and money services like:
o Banks
o Stand-alone automated teller machines
o Insurance
o Loan associations
o Foreign exchange
o Money lending
o Pawnshops
o Foreign exchange
o Cash remittance or money transfer
o Bayad center or bills payment centers
• Other service shops such as:
o Laundry shop or laundromat
o Dry-cleaning services
o Photo and portrait studios
o Photo/video, lights & sounds services
o Locksmith and related services
o Engraving, photo developing, and printing shops
o Printing, publication, and graphics shops
o Catering services
o Event planners
o Courier or parcel services
o Security agencies
o Janitorial services
o Travel agencies
o Ticketing offices
o Recruitment agencies
• Offices, office buildings, or office condominiums
o Traditional offices
o Coworking spaces / shared office spaces
• Recreational centers/establishments like
o Play courts e.g. basketball court, billiard hall
o Gymnasiums
o Fitness, aerobics, zumba, yoga, pilates, crossfit studios

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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)

Allowable Secondary Uses/Activities

• Disaster-resilient evacuation centers


• Rainwater harvesting and treatment facility
• Plaza, piazza, quadrangle, or pedestrian square
• Commercial housing such as:
o Apartels or serviced apartments
o Hotels
o Hostels
o Hometels
o Homestays
o Bed & breakfast
o Tourist homes
o Guest houses
o Pension houses
o Inns
o Lodges
o Condotels or serviced condominiums
o Dormitories
o Dormitels or serviced dormitories
o Condormitels or serviced dormitories and condominiums
o Boarding houses
• Customary accessory uses incidental to any of the above uses such as:
o Staff houses/quarters
o Parking lots, garage facilities, and parking buildings
o Bicycle parking areas
o Storerooms and warehouses but only as may be necessary for the
efficient conduct of the business (market-oriented warehouses)
o Pump houses
o Generator houses
• Plant nursery, organic farm, urban farm, orchidarium, community vegetable
garden
• Horticultural nursery

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• 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

• Market (see Special Uses)


• Communication Tower (see Special Uses)
• Commercial Subdivisions (see Special Uses)
• Priority location for offices of IT-BPM services such as BPO, KPO, animation, and
game development shall be within the City’s designated IT Park
• Non-residential allowable and conditional uses within the General Residential
Zone, provided that the commercial character of the zone is maintained
• Bakery, cake, pastry, and delicatessen shops provided that no such shops shall
generate exhaust or air pollution
• Network marketing, multi-level marketing, direct distribution activities, and the
like (e.g. Avon, Herbalife, USANA), provided that such activities are registered
with the local government for the purpose of safeguarding against pyramiding
schemes.
• Junk yard or scrap yard

Prohibited Uses/Activities

• Funeral parlor (all categories)

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Building Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 34. Commercial-2 Zone (C2-Z)

A medium to high-density commercial area within the City intended for city-wide
trade, service, and business activities.

Primary Allowable Uses/Activities

• All uses allowed in the Commercial-1 Zone


• Protected heritage houses, libraries, galleries, museums, and other structures
• Neighborhood shopping center
• Recreational center/establishments like:
o Movie theaters
o Indoor shooting range
o Indoor rock-climbing or wall-climbing gym
o Indoor parkour facility
o Indoor trampoline park
o Indoor skating and BMX park
o Water spa
o Other sports and recreational establishments
• Radio and television stations
• Real estate showroom
• Car showroom
• Car rentals
• Automotive accessories and spare parts shops
• Motorcycle sales
• Motorcycle accessories and spare parts shops
• Vehicle emission testing center
• Drug testing center
• Machinery display shop/center
• Machine shop service operation (repairing/rebuilding or custom job orders)
• Welding shops
• Sales of solar panels
• Glassware and metal ware stores, household equipment, and appliances
• Signboard and streamer painting and silk screening
• Printing/typesetting, photocopying, mimeographing, or duplicating services
• Recording and film laboratories
• Paint stores

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• Shops for repacking of food products e.g. fruits, vegetables, sugar and other
related products
• Minor transportation terminals and waiting sheds

Conditional Uses/Activities

• Market (see Special Uses)


• Communication tower (see Special Uses)
• Commercial subdivisions (see Special Uses)
• Funeral establishments (Categories II and III only, see Definition of Terms and
Special Uses)
• Non-residential allowable and conditional uses within the General Residential
Zone, provided that the commercial character of the zone is maintained
• Motor pool provided that waste water and other liquids are discharged through
an STP
• Lechon stores provided that such shops shall only be for the display of products
and shall exclude the processing into such products
• Lumber/hardware shops provided that such shops shall only be for the display
of products and shall exclude the processing into such products
• The following food processing activities provided that no such shops shall
generate exhaust or air pollution:
o Chicharon factory
o Biscuit factories or the manufacture of biscuits, cookies, crackers and other
similar dried bakery products
o Doughnut and hopia factory
o Other bakery products not elsewhere classified
• Concerts, live bands, comedy bars, and live shows, provided that the
establishment is fully sound-proofed

Prohibited Uses/Activities

• Junk yard or scrap yard

Building Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

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Section 35. Commercial-3 Zone (C3-Z)

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

• All uses allowed in Commercial-1 and Commercial-2 Zones


• District shopping center
• Regional shopping center
• Super-regional shopping center
• Convention centers, cultural centers, art centers, civic centers, performance
theaters, auditoriums, amphitheaters, and other MICE facilities
• Sports complexes including arena, stadium, and coliseum
• Sub-regional intermodal transportation terminal
• IT parks, compounds, subdivisions, or complexes
• Truck showroom
• Transportation equipment showroom
• Hauling services and garage terminals for trucks, tow trucks, and buses
• Manufacture of ice, ice blocks, cubes, tubes, crushed, except dry ice
• Gravel and sand stores
• Junk shop or scrap dealers

Conditional Uses/Activities

• Market (see Special Uses)


• Communication tower (see Special Uses)
• Commercial subdivisions (see Special Uses)
• Funeral establishments (all categories, see Definition of Terms and Special Uses)
• Non-residential allowable and conditional uses within the General Residential
Zone, provided that the commercial character of the zone is maintained
• Junk yard or scrap yard

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance:


• The number of allowable storeys/floors above established grade is sixty (60) as
provided in the NBC
• The Building Height Limit is 180.00 meters above highest grade as provided in
the NBC.
• Subject to national locational guidelines and standards of concerned
agencies.

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Section 36. Industrial-1 Zone (I1-Z)

An area within the City intended for light manufacturing or production industries
that are:

1. non-pollutive/non-hazardous; and
2. non-pollutive/hazardous

1. Allowable Non-Pollutive/Non-Hazardous Industries

• 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

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o Manufacture or assembly of electronic organs


• Manufacture of sporting goods which include:
o Manufacture of sporting gloves and mitts
o Manufacture of sporting balls (not of rubber or plastic)
o Manufacture of gym and playground equipment
o Manufacture of sporting tables (billiards, ping-pong, pool)
o Manufacture of other sporting and athletic goods n.e.c., except for firearms
and plastic products
• Manufacture and repair of office and school products which include:
o Manufacture or assembly of typewriters, cash registers, weighing,
duplicating, and accounting machines
o Manufacture or assembly of electronic data processing machinery and
accessories
o Repair of office machinery
o Manufacture or assembly of miscellaneous office machines and those
n.e.c.
o Manufacture of pens, pencils, and other office and art materials
• Manufacture of bags and footwear which include:
o Manufacture of luggage, handbags, wallets and small leather goods
o Manufacture of miscellaneous products of leather and leather substitute
and n.e.c.
o Manufacture of shoes except rubber, plastic and wood
o Manufacture of slipper and sandal except rubber and plastic
o Manufacture of footwear parts except rubber and plastic
• Manufacture of other products which include:
o Manufacture of life belts
o Manufacture of children vehicles and baby carriages
o Manufacture of watches and clocks
o Manufacture of toys and dolls except rubber and mold plastic
o Manufacture of umbrella and canes
o Manufacture of buttons except plastic
o Manufacture of brooms, brushes and fans
o Manufacture of needles, pens, fasteners, and zippers
o Manufacture of photographic equipment and accessories
o Manufacture of insignia, badges and similar emblems (except metal)
o Manufacture of signs and advertising displays (except printed)
• Printing, publishing, and allied industries and those n.e.c. except printing of
newspaper and periodicals
• Printing of signs/billboards

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2. Allowable Non-Pollutive/Hazardous Industries

• Manufacture of textile products which include:


o Textile bag factories
o Canvas bags and other canvas products factory
o Jute bag factory
o Manufacture of miscellaneous textile goods, embroideries, and weaving
apparel
o Manufacture of fiber batting, padding, and upholstery filling except coir
o Men’s and boys’ garment factory
o Women’s and girls’ and ladies’ garments factory
o Manufacture of hats, gloves, handkerchief, neckwear and related clothing
accessories
o Manufacture of raincoats and waterproof outer garments except jackets
o Manufacture of miscellaneous wearing apparel except footwear
o Manufacture of miscellaneous fabricated mill work and those n.e.c.
• Manufacture of wood and paper products which include:
o Manufacture of engineered bamboo products such as school desks,
panels, flooring, decorations, and high-end furniture
o Manufacture of wooden and cane containers
o Sawali, nipa, and split cane factory
o Manufacture of bamboo, rattan and other cane baskets and wares
o Manufacture of cork products
o Manufacture of wooden shoes, shoe lace, and other similar products
o Manufacture of miscellaneous wooden furniture and fixtures
o Manufacture of paper stationery, envelopes and related articles
o Manufacture of miscellaneous wood products and those n.e.c.
• Manufacture of other products which include:
o Manufacture of house furnishing
o Manufacture of dry ice
o Repackaging of industrial products e.g. paints, varnishes, and other related
products

Allowable Secondary Uses/Activities

• Warehouse/Storage facility (factory-oriented, distribution center, bulk storage,


special commodity, and container yard) for:
o Non-pollutive/non-hazardous industries
o Non-pollutive/hazardous industries
• Utilities and facilities such as:
o Sewage treatment facilities
o Septage facilities
o Water tanks and reservoir

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o Flood control facilities such as rain gardens or bioswales


o Pumping plants for water supply, storm drainage, sewerage, irrigation, and
waste treatment
o Rainwater harvesting and treatment facility
• Customary accessory uses incidental to any of the above uses such as:
o PEZA office
o Administrative offices
o Staff houses/quarters
o Canteens
o Parking lots/garage facilities
o Bicycle parking areas
o Pump houses
o Generator houses
• Children’s park, freedom park, pocket park, linear park, parkway, parklet,
esplanade, promenade, playground, play lot, lawn, zen garden, and prayer
garden
• Plaza, piazza, quadrangle, or pedestrian square
• Minor transportation terminal and waiting sheds

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).

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 37. Industrial-2 Zone (I2-Z)

An area within the City intended for medium-intensity manufacturing or production


industries that are:

1. pollutive/non-hazardous; and
2. pollutive/hazardous.

1. Allowable Pollutive/Non-Hazardous Industries

• Food processing and packaging which include:


o Manufacturing and canning of ham, bacon and native sausage
o Poultry processing and canning
o Large-scale manufacturing of ice cream

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o Ice plants and cold storage


o Multi-pass corn mill/rice mill
o Chocolate and cocoa factory
o Candy factory, chewing gum factory
o Peanuts and other nuts factory
o Other chocolate and confectionery products
o Manufacturing of flavoring extracts
o Manufacture of food products n.e.c. (vinegar, vetsin)
o Manufacture of fish meal
o Oyster shell grading
• Manufacture of agricultural products which include:
o Manufacture or assembly of agricultural machinery and equipment
o Native plow and harrow factory
o Repair of agricultural machinery
• Manufacture of metallic products which include:
o Blacksmith, goldsmith, silversmith, and tinsmith operations
o Manufacture of household metal furniture
o Manufacture of office, store, and restaurant metal furniture
o Manufacture of metal blinds, screens, and shades
o Manufacture of miscellaneous furniture and fixture primarily of metal
n.e.c.
o Manufacture of cutlery, except table flatware
o Manufacture of hand tools
o Manufacture of general hardware
o Manufacture of miscellaneous cutlery hand tools and general
hardware n.e.c.
o Manufacture of fabricated structural iron and steel
o Manufacture of architectural and ornamental metal works
o Manufacture of boilers, tanks and other structural sheet metal works
o Manufacture of other structural products n.e.c.
o Manufacture of metal cans, boxes and containers
o Manufacture of stamped coated and engraved metal products
o Manufacture of fabricated wire and cable products
o Manufacture of heating, cooking and lighting equipment except
electrical
o Sheet metal works generally manual operation
o Manufacture of other fabricated metal products except machinery
and equipment n.e.c.
• Manufacture of machinery and equipment which include:
o Manufacture or assembly of service industry machines
o Manufacture or assembly of elevators and escalators
o Manufacture or assembly of sewing machines

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o Manufacture or assembly of cooking ranges


o Manufacture or assembly of water pumps
o Refrigeration industry
o Manufacture or assembly of other machinery and equipment except
electrical n.e.c.
• Manufacture of electrical and electronic products which include:
o Manufacture or assembly of electrical apparatus
o Manufacture or assembly of electrical cables and wires
o Manufacture of other electrical industrial machinery and apparatus
n.e.c.
o Manufacture or assembly of electric equipment—radio, television, tape
recorder, stereo
o Manufacture or assembly of radio and television transmitting, signaling
and detection equipment
o Manufacture or assembly of telephone and telegraphic equipment
o Manufacture of other electronic equipment and apparatus n.e.c.
o Manufacture of industrial and commercial electrical appliances
o Manufacture of household cooking, heating and laundry appliances
o Manufacture of other electrical appliances n.e.c.
o Manufacture of electric lamp fixtures
• Manufacture of other products which include:
o Manufacture of medicinal and pharmaceutical preparations
o Manufacture of stationery and art goods
o Manufacture of statuary, cut stone, and marble products
o Manufacture of abrasive products
o Manufacture of miscellaneous non-metallic mineral products n.e.c.
• Concrete/asphalt batching plant

2. Allowable Pollutive/Hazardous Industries

• Manufacture or assembly of solar panels


• Food processing and packaging which include:
o Flour mill
o Cassava flour mill
o Manufacture of coffee
• Manufacture of agricultural products which include:
o Manufacturing of unprepared animal feeds, other grain milling n.e.c.
o Production prepared feeds for animals
o Grains silos
o Cigar and cigarette factory
o Curing and re-drying tobacco leaves
o Miscellaneous processing tobacco leaves n.e.c.

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• Manufacture of textiles which include:


o Textile and fiber spinning mills
o Weaving hemp textile
o Jute spinning and weaving
o Miscellaneous spinning and weaving mills n.e.c.
o Hosiery mill
o Underwear and outwear knitting mills
o Garment and undergarment factories
o Fabric knitting mills
o Miscellaneous knitting mills n.e.c.
o Manufacture of mats and mattings
o Manufacture of carpets and rugs
o Manufacture of cordage, rope and twine
o Manufacture of related products from abaca, sisal, henequen, hemp,
cotton, paper, etc.
o Manufacture of linoleum and other surface coverings
o Manufacture of artificial leather, oil cloth and other fabrics except
rubberized
o Manufacture of coir
o Manufacture of miscellaneous textile n.e.c.
• Manufacture of wood and paper products which include:
o Manufacture of rough lumber, unworked
o Manufacture of worked lumber
o Re-sawmills
o Woodworking establishments, lumber and timber yards
o Planning mills and sawmills, veneer plants
o Manufacture of veneer, plywood, and hardwood
o Manufacture of doors, windows, and sashes
o Treating and preserving of wood
o Wood drying kilns
o Manufacture of charcoal
o Manufacture of wood and cane blinds, screens and shades
o Pulp, paper, and paperboard factories
o Manufacture of containers and boxes of paper and paper boards
o Wood and cardboard box factories
o Manufacture of miscellaneous pulp and paper products n.e.c.
• Manufacture of chemical products which include:
o Manufacture of perfumes, cosmetics and other toilet preparations
o Manufacture of waxes and polishing preparations
o Manufacture of candles
o Manufacture of inks
o Manufacture of miscellaneous chemical products n.e.c.

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• Manufacture of rubber products which include:


o Tire retreating and rebuilding
o Manufacture of rubber shoes and slippers
o Manufacture of industrial and molded rubber products
• Manufacture of plastic products which include:
o Manufacture of plastic footwear
o Manufacture of plastic furniture
o Manufacture of other fabricated plastic products n.e.c.
• Manufacture of kitchen products which include:
o Manufacture of table and kitchen articles
o Manufacture of pottery, china, and earthen ware n.e.c.
o Manufacture of flat glass
o Manufacture of glass containers
o Manufacture of miscellaneous glass and glass products n.e.c.
• Manufacture of other products which include:
o Manufacture of clay bricks, clay tiles and hollow clay tiles
o Manufacture of miscellaneous structural clay products n.e.c
o Manufacture of structural concrete products
o Manufacture of engines and turbines except motor vehicles, marine, and
aircraft
o Manufacture of metal cutting, shaving, and finishing machinery
o Manufacture of wood working machinery
o Manufacture, assembly, rebuilding, repairing of food and beverage
making machinery
o Manufacture, assembly, rebuilding, repairing of textile machinery and
equipment
o Manufacture, assembly, rebuilding, repairing of paper industry machinery
o Manufacture, assembly, rebuilding, repairing of trade machinery and
equipment
o Manufacture of rice mills
o Manufacture of machines for leather and leather products
o Manufacture of construction machinery
o Manufacture of machines for clay, stove, and glass industries
o Manufacture, assembly, repair and rebuilding of miscellaneous special
industrial machinery and equipment n.e.c.
o Manufacture of dry cells, storage battery, and other batteries
o Manufacture or assembly of automobiles, cars, buses, trucks and trailers
o Manufacture or assembly of heavy equipment (e.g. bulldozers, graders)
o Factories for engines and turbines and attached testing facilities
o Hangars
o Manufacture and assembly plants of aircraft engine
o Repair and testing shops for aircraft engines and parts

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o Manufacture of wood furniture including upholstered


o Manufacture of rattan furniture including upholstered
o Manufacture of box beds and mattresses
o Dry cleaning plants using flammable liquids
o Paint stores with bulk handling
o Paint shops and spray-painting rooms
o Signs and billboards painting shops
• Warehouses where highly combustible materials are stored

Allowable Secondary Uses/Activities

• Warehouse/Storage facility (factory-oriented, distribution center, bulk storage,


special commodity, and container yard) for:
o Pollutive/non-hazardous industries
o Pollutive/hazardous industries
• Utilities and facilities such as:
o Sewage treatment facilities
o Septage facilities
o Water tanks and reservoir
o Flood control facilities such as rain gardens or bioswales
o Pumping plants for water supply, storm drainage, sewerage, irrigation, and
waste treatment
o Rainwater harvesting and treatment facility
• Parks, playgrounds, pocket parks, parkways, and promenades
• Customary accessory uses incidental to any of the above uses such as:
o PEZA office
o Administrative offices
o Staff houses/quarters
o Canteens
o Parking lots/garage facilities
o Bicycle parking areas
o Pump houses
o Generator houses
• Children’s park, freedom park, memorial park, pocket park, linear park,
parkway, parklet, esplanade, promenade, playground, play lot, plaza, lawn,
zen garden, and prayer garden
• Plaza, piazza, quadrangle, or pedestrian square
• Minor transportation terminal and waiting sheds

Conditional Use/Activity

• Class "A" and “AA” slaughterhouses/abattoirs (see Definition of Terms and


Special Uses)

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• 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

• Manufacture of vetsin or monosodium glutamate and its variants


• Manufacture of aspartame (artificial sweetener)
• Manufacture of asbestos products
• Factories where loose combustible fiber or dirt are manufactured, processed or
generated

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 38. Industrial-3 Zone (I3-Z)

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

1. Allowable Highly Pollutive/Non-Hazardous Industries

• Dairy products which include:


o Milk processing plants (manufacturing filled, reconstituted, or recombined
milk, condensed, or evaporated)
o Butter and cheese processing plants
o Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing,
bottling of natural animal milk and cream-related products)
o Other dairy products n.e.c.
• Meat processing, curing, preserving except processing of ham, bacon,
sausage and chicharron
o Other slaughtering, preparing and preserving meat products n.e.c.
• Canned products which include:
o Canning and preserving of fruits and fruit juices
o Canning and preserving of vegetables and vegetable juices
o Canning and preserving of vegetable sauces
o Miscellaneous canning and preserving of fruits and vegetables n.e.c.

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• Manufacture of other food and beverage products which include:


o Manufacture of desiccated coconut
o Manufacture of starch and its by-products
o Manufacture of soft drinks, carbonated water
o Manufacture of instant beverages and syrups
o Other non-alcoholic beverages n.e.c.
• Cooking oil and soap processing plants

2. Allowable Highly Pollutive/Hazardous Industries

• 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

3. Allowable Pollutive/Extremely Hazardous Industries

• Public utility complexes such as:


o Renewable energy sources (see Special Uses)
o Water storage and distribution complexes
o Power storage, generation, and distribution complexes (except for nuclear
and coal-fired power plants)
o Liquid and solid waste management complexes
o All other types of complexes for public utilities
• Manufacture of other products which include:
o Manufacture of paints
o Manufacture of varnishes, shellac and stains

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o Manufacture of paint removers


o Manufacture of other paint products
o Manufacture of matches
o Manufacture of tires and inner tubes
o Manufacture of processed natural rubber not in rubber plantation
o Manufacture of miscellaneous rubber products n.e.c.
o Manufacture of synthetic resins, plastic materials and man-made fibers
except glass
o Storage tanks, buildings for storing gasoline, acetylene, liquefied petroleum
gas, calcium, carbides, oxygen, hydrogen, and the like
o Acetylene and oxygen generating plants

Allowable Secondary Uses/Activities

• Warehouse/Storage facility (factory-oriented, distribution center, bulk storage,


special commodity, and container yard) for:
o Highly-pollutive/non-hazardous industries
o Highly-pollutive/hazardous industries
o Pollutive/extremely hazardous
• Utilities and facilities such as:
o Sewage treatment facilities
o Septage facilities
o Water tanks and reservoir
o Flood control facilities such as rain gardens or bioswales
o Pumping plants for water supply, storm drainage, sewerage, irrigation, and
waste treatment
o Rainwater harvesting and treatment facility
• Parks, playgrounds, pocket parks, parkways, and promenades
• Customary accessory uses incidental to any of the above uses such as:
o PEZA office
o Administrative offices
o Staff houses/quarters
o Canteens
o Parking lots/garage facilities
o Bicycle parking areas
o Pump houses
o Generator houses
• Minor transportation terminal and waiting sheds

Conditional Use/Activity

• All categories of slaughterhouses/abattoirs (see Definition of Terms and Special


Uses)

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• 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

• Highly Pollutive/Extremely Hazardous Industries such as:


o Manufacture of industrial alcohols
o Factories for highly flammable chemicals
o Other basic chemicals n.e.c.
o Manufacture of non-organic fertilizers
o Manufacture of pesticides
o Plastics resin plants (monomer and polymer)
o Plastics compounding and processing plants
o Petroleum refineries
o Manufacture of reclaimed, blended, and compound petroleum products
o Manufacture of miscellaneous products of petroleum and coal, n.e.c.
o Warehouse for highly pollutive/extremely hazardous industries
• Non-pollutive/Extremely Hazardous Industries
o Manufacture of compressed and liquefied gases
o Armories, arsenals, and munitions factories
o Match and fireworks factories
o Manufacture of explosives
o Warehouse for non-pollutive/extremely hazardous industries

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 39. General Institutional Zone (GI-Z)

An area within the City intended principally for general types of institutional
establishments.

Allowable Primary Uses/Activities

• Institutional subdivision, compound, or complex


• Government or civic centers to house national, regional, provincial, city, or
barangay offices in the area
• CCTV Monitoring Center, Nerve Center, or Command Center for traffic
management, police monitoring, and disaster monitoring
• Business One-Stop Shop (BOSS)
• Police stations

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• 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

Allowable Secondary Uses/Activities

• Disaster-resilient evacuation centers


• Parking spaces or buildings
• Plaza, piazza, quadrangle, or pedestrian square

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• 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

• Nuclear, radioactive, chemical, and biological warfare research facilities


• Category I Funeral establishments
• Leprosarium

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

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Section 40. Parks and Recreation Zone (PR-Z)

An area designed for diversion/amusements and for the maintenance of


ecological balance in the community.

Primary Allowable 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

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Secondary Allowable Uses/Activities

• 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

• Plaza, piazza, quadrangle, or pedestrian square, provided that permeable or


semi-permeable pavement is used
• Golf courses, driving ranges, and man-made lakes (for boating, wakeboarding,
wake skating, etc.) subject to the local government’s review of its impact to
water resources
• Indoor shooting range, provided that it is sound-proof and bullet-proof
• The following outdoor uses, provided that the development is sited at least one
(1) kilometer away from the nearest residential zone due to the noise generated
by the development and that sufficient sound-reducing features are installed:
o Race tracks (e.g. BMX, motocross)
o Shooting range
• Other potential tourism activities such as hot air balloon riding, paragliding,
skydiving, BASE jumping, zip-line, zip-bike, tree-top adventure, giant swing,
bungee jumping, rock climbing, and cable cars, provided that:
o Structures supporting activities have been professionally installed and
duly certified as safe for tourism purposes by the appropriate certifying
or regulating office or agency;

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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

• Conversion to other uses

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 41. Cemetery/Memorial Park Zone (C/MP-Z)

An area within the City intended for the interment of the dead.

Allowable Primary Uses/Activities

• Cemetery (see Special Uses)


• Memorial Parks (see Special Uses)
• Mausoleum
• Ossuary
• Chapel
• Congregational areas
• Places of worship

Allowable Secondary Uses/Activities

• 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

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Conditional Uses/Activities

• Columbarium (see Definition of Terms and Special Uses)


• Crematorium

Prohibited Uses/Activities

• Crypt

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


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

Section 42. Utilities, Transportation, and Services Zone (UTS-Z)

An area within the City designated for a range of utilitarian/functional uses or


occupancies, characterized mainly as a low-rise or medium-rise building/ structure for low
to high-intensity community support functions, e.g. inter-modals and multimodal terminals,
power and water generation or distribution facilities, telecommunication facilities,
drainage, wastewater, and sewerage facilities, solid waste management facilities and the
like (NBC).

Transportation terminals and transport garages, however, shall further require a


Special Use Permit prior to acquiring a Locational Clearance (see Supplementary
Regulations).

Allowable Primary Uses/Activities

• 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

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o Car rental services


o Taxi terminal
o Potential transport network vehicle service (TNVS) terminal (i.e. mobile ride-
sharing services such as Grab)
o Retail stores, restaurants, cafes, etc.
• Airport complex
• Power storage and distribution substations
• Sewage treatment facilities
• Septage facilities
• Pumping plants for water supply, storm drainage, sewerage, irrigation, and
waste treatment
• Water desalination and treatment facility
• Rainwater harvesting and treatment facility
• Water tanks, reservoir, and other storage facilities
• Water distribution substations
• Flood control facilities such as rain gardens or bioswales
• Climate monitoring facilities
• Telecommunication facilities such as mobile phone towers
• All other types of large complexes for public services

Allowable Secondary Uses/Activities

• Plaza, piazza, quadrangle, or pedestrian square


• Children’s park, freedom park, memorial 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/carinderias
o Parking lots/garage facilities
o Bicycle parking areas
o Storerooms and warehouses but only as may be necessary for the efficient
conduct of the public service
o Generator houses

Conditional Uses/Activities

• Renewable energy projects (see Special Uses)


• Materials recovery facility for multiple barangays (see Special Uses)
• Engineered sanitary landfill complex (see Special Uses) including:
o Training facilities
o Educational tour facilities
o Recycling facilities (e.g. recycling used batteries)

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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

• Non-renewable and non-sustainable energy sources such as coal-fired plants

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 43. Planned Unit Development Zone (PUD-Z)

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.

The following are the identified Planned Unit Developments:

• Hacienda Clementina PUD


• Hacienda Lucas PUD
• Alvarez PUD
• Zayco PUD
• The Starke SAFE Zone PUD (SAFE stands for Science, Agriculture, Fitness,
Education)
• Linao PUD

Allowable Primary Uses/Activities

• Only those specified within the Comprehensive Master Development Plan


(CMDP) prepared for each PUD and approved by the local government and
concerned national government agency.
• Economic zones such as:
o Manufacturing economic zones

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o Information technology parks/centers


o Agro-industrial economic zones
o Tourism economic zones
o Medical tourism parks/zones

Prohibited Uses/Activities

• Land uses/activities not included or specified in the CMDP approved by the


local government and concerned national government agency.

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 44. City Properties Outside the City Boundaries

Any city property or city-funded project located outside the City of Kabankalan
shall be classified based on its present, actual, and lawful use.

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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.

Section 45. Flood Overlay Zone (FLD-OZ)

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.

Building Density and Bulk Regulations

• Maximum Allowable Percentage of Site Occupancy (MAPSO)


o Shall be seventy percent (70%) of the Total Lot Area (TLA)
o Shall include all buildings and structures built or to be built on the lot
• Unpaved Surface Area (USA, see Definition of Terms)
o Shall not be less than ten percent (10%) of TLA
o Shall be located outside the building footprint or envelope

Building/Structure Design Regulations

• Paved surface areas shall be constructed of permeable or semi-permeable


concrete tiles.
• Buildings shall be made flood-proof through any or combination of the
following means:
o Raising the lowest floor line at or above 0.6 meter above the centerline
of the fronting street;
o Providing roof decks that can be used for evacuation purposes;
o Building utility connections such as those for electricity, potable water,
and sewage shall be located at elevations higher than the 0.6 meter;
o Natural drainage patterns should not be altered; and
o Use sustainable urban drainage systems (SUDS) to include rainwater
storage tanks, green roofs, bioswales, etc. that can decrease the flow
and make productive use of storm water run-off.

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Locational Clearances shall only be issued upon the satisfaction of the following
conditions:

1. The approval must be based on a plan prepared by a registered civil engineer


or architect;
2. The minimum floor elevation of that portion of any structure intended for human
occupancy shall be either equal to or more than 0.6 meter;
3. All other related facilities thereto such as electrical equipment shall be either
equal to or greater than 0.6 meter or shall be flood proofed to the flood
protection elevation;
4. Flood-proofing of these structures will only be authorized by the City Engineer
as specific individual exceptions to minimum floor elevation requirements
where it can be shown that the proposed flood proofing is acceptable from an
engineering standpoint;
5. Structures shall be placed on the site to minimize obstruction to the flow of
floodwaters.

Section 46. Landslide Overlay Zone (LSD-OZ)

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.

Building Density and Bulk Regulations

• Maximum Allowable Percentage of Site Occupancy (MAPSO)


o Shall be twenty percent (20%) of the Total Lot Area (TLA) for parks and
recreational uses
o Shall be thirty percent (30%) of TLA for all other uses/activities
o Shall include all buildings and structures built or to be built on the lot
• Unpaved Surface Area (USA, see Definition of Terms)
o Shall not be less than seventy percent (70%) of TLA for parks and
recreational uses
o Shall not be less than sixty percent (60%) of TLA for all other uses/activities
o Shall be located outside the building footprint or envelope

Prohibited Uses

Quarrying is prohibited within this zone.

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Building/Structure Design Regulations

Site development shall be designed with consideration to avoiding/minimizing (1)


risks that it will be affected by landslides; (2) its adverse impacts to the soil; (3) and risks that
it will cause landslides to nearby areas/properties.

• Buildings and structures should be laid out and designed to harmonize with the
terrain to minimize earth moving activities;
• Appropriate slope, erosion, and soil stabilization measures shall be applied,
either through hard or soft engineering measures;
• Indigenous and mature vegetation should be retained;
• Natural drainage patterns should not be altered; and
• Use sustainable drainage systems to include rainwater storage tanks, green
roofs, 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:

• Shape should be rectangular


• Should have less than five levels
• Form should not be top heavy
• Should not be without cantilevers
• Should have balanced massing, and
• Should have balanced loading.

Section 47. Karst Subsidence Overlay Zone (KSS-OZ)

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;

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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:

• Private use, such as occupancy


• Knowingly destroying, disturbing, defacing, marring, altering, removing, or
harming the speleogem or speleothem of any cave or altering the free
movement of any animal or plant life into or out of any cave
• Gathering, collecting, possessing, consuming, selling, bartering, or exchanging
or offering for sale any cave resources without authority
• Activities that increase the risk of subsidence of properties near existing sinkholes
and the risk of collapse of caves are strictly prohibited. These activities include
treasure hunting and extraction of cave resources using explosives
• Ground water extraction

Building Density and Bulk Regulations

• 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.

Building/Structure Design Regulations

Site development shall be designed with consideration to avoiding/minimizing risks


that it will be affected by subsidence.

• 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.

Section 48. Ancestral Domain Overlay Zone (AD-OZ)

The objective for this Overlay Zone is to preserve the traditional way of life of IPs.

Allowable Uses

Allowable uses shall be limited to:

• Traditional dwellings of IPs

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• Traditional livelihood activities of IPs


• Traditional/customary religious ceremonies or rituals of IPs
• Other uses detailed in the City’s Ancestral Domain Sustainable Development
and Protection Plan (ADSDPP)

Building Density and Bulk Regulations

• Buildings/structures shall be according to traditional/customary designs of


dwellings.

Section 49. Key Biodiversity Area Overlay Zone (KBA-OZ)

The objective for this Overlay Zone is to ensure that areas having high biodiversity
are protected.

Allowable Uses

• Education and training on biodiversity protection and scientific studies which


do not involve gathering of species or any alteration in the area are allowed.
• Wildlife sanctuary
• Wildlife rescue centers
• Wildlife nursing centers

Prohibited Uses

• Hunting or gathering of protected plant and animal species is strictly prohibited.

Section 50. Coastal Wetlands Conservation Area Overlay Zone (CWC-OZ)

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

Allowable uses/activities within each sub-zone are as follows:

Core Zone

• Research and monitoring activities


• Rehabilitation of mangroves
• Clean-up drive

Buffer Zone

• Hook and line fishing


• Research studies

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• Monitoring and assessment of project


• Recreational activities such as bird watching and boating

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

• Fishing and navigation of registered boats (motorized and non-motorized)

Traditional Zone

• Fishing and navigation of registered boats (motorized and non-motorized)

C. Prohibited Uses/Activities

Finally, prohibited uses/activities within each sub-zone are as follows:

Core Zone

• Fishing
• Gleaning
• Cutting of mangroves
• Wildlife hunting
• Collection of mud crabs
• Mangrove planting within the feeding grounds of water birds

Buffer Zone

• The use of active fishing gear (see Definition of Terms)


• Bird hunting

Traditional Zone

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• The use of active fishing gear


• Bird hunting
• Garbage/waste disposal
• Disposal of toxic/noxious chemicals
• Trawling
• Hud-hud
• Lapak

Section 51. Ecotourism Overlay Zone (ETM-OZ)

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

Building Density and Bulk Regulations

• 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.

Building/Structure Design Regulations

• Ecotourism facilities such as hotels, resorts, should be made of light indigenous


materials or green materials.
• Designs should conform to the applicable standards of the Department of
Tourism.
• Designs should also conform to the City’s Sustainable Urban Design and Green
Building Code.
• Only single-detached or duplex structures shall be allowed.
• The use of impermeable paving materials outside of building envelopes shall
not be allowed.

Section 52. Scenic Corridor Overlay Zone (SCD-OZ)

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.

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Allowable Uses

Allowable uses shall be as provided in the applicable Base Zone subject to the
following additional regulations.

Building Density and Bulk 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/Structure Design Regulations

• 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.

Section 53. Urban Corridor Overlay Zone (UCD-OZ)

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:

• Minimize roadside friction by reducing contact between vehicular through


traffic and vehicle movement to and from individual properties;
• Ensure that pedestrian walks are free from encroachments of parked vehicles;
• Encourage a healthy lifestyle by providing safe pedestrian and biking lanes;
• Ensure a friendly and vibrant urban environment by reducing the rigidity of
streetscapes;
• Project a distinct city character, brand, or image through uniform and
compatible architectural and urban design elements.

Allowable Uses

Allowable uses shall be as provided in the applicable Base Zone subject to the
following additional regulations.

• Accessibility

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o Provisions of the Accessibility Law, its implementing rules and


regulations, and other related laws shall be strictly enforced throughout
the length of the National Road.
• Planting Strips
o The National Highway, along its entire length, shall be provided with a
planting strip of at least 1 meter in width;
o Such planting strips shall conform to a uniform landscape design that
expresses the City’s intended character, brand, or image; and
o Only indigenous trees and plants shall be used in all planting strips.
However, only trees and plants not causing any obstruction or posing
any threat to vehicles and pedestrians shall be used (e.g. large
branches, hard fruits).
• Pedestrian Lanes
o Except for covered walkways, foot bridges, waiting sheds, street lights,
street signs, electric posts, and safety railings, no structures, whether
permanent or temporary, shall occupy the pedestrian lanes;
o Such lanes shall be constructed of permeable or semi-permeable
paving materials; and
o Covered walkways, covered footbridges, and waiting sheds shall be
roofed with polycarbonate sheets (skylight roofing) and walled with
vertical gardens or green walls.
• Biking Lanes
o Biking lanes on either side of the National Road shall be provided
throughout its entire length with a width of 1.5 meters.
• Parking Layouts
o Under no circumstances shall vehicular parking be made to occupy
road rights-of-way;
o The minimum setback of buildings from the right-of-way line of the
National Road shall be 5 meters;
o Parking spaces shall be provided with distinct entry and exit points, i.e.,
through driveways;
o Parking spaces may be laid out along the building frontage within the
property line; and
o Parking pavements shall be constructed of permeable or semi-
permeable paving materials.

• 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

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o Buildings fronting the National Highway shall have facades that


conform to the City’s Sustainable Urban Design and Green Building
Code.

Conditional Uses

• Cemetery/memorial park (see Special Uses), provided that cemetery grounds


shall not be seen from the National Highway and shall be hidden from view by
fences covered by green walls or natural fencing such as bancal trees and
bamboos.

Prohibited Uses

The following uses or activities are prohibited along the National Highway.

• Flashing or blinking signs


• Video or animated LED panel advertisements
• Transport garage
• Talipapa and tiangge
• Junkshops, scrap dealers, and junk yards
• Automobile wrecking yard
• Retail of gravel, sand, concrete hollow blocks, and other concrete products
• Welding shops, metalcraft, or blacksmith shops
• Carpentry shops
• Funeral establishments (all categories), including sales of caskets, memorial
chapels, and mortuaries
• Lechon or whole pig roasting and other similar food preparation activities which
generate odors and medium to heavy smoke

Section 54. Airport Overlay Zone (APT-OZ)

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

• Airport complex which shall include:


o Flight training center

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o Maintenance, repair, and operating (MRO) supplies and services


o Logistics services
o Helipad or heliport
o Disaster rescue center
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 Transit hotels and capsule hotels
o Car rental services
o Money exchange services
o Related government offices
o Other related shops and offices
o Retail stores, restaurants, cafes, etc.
• Grand intermodal transportation terminal

Conditional Uses

• Agriculture provided that plants cultivated are not attractive to or susceptible


to birds and other flying animals (e.g. locusts)
• Materials recovery facility provided that the facility is completely covered and
sealed to prevent the entry of birds and other flying animals.
• Sufficient sound barriers shall be installed within and outside the buildings of the
following properties:
o Hotels, apartels or serviced apartments
o Residential condominium
o Condotels or serviced condominiums
o Condormitels or serviced dormitories and condominiums
o Boarding houses
o Other airport worker and executive residences
o Other tourist accommodation

Prohibited Uses

• Purely residential buildings


• Sanitary landfill or engineered sanitary landfill

Building Density and Bulk Regulations

Building heights for each development within the zone shall be applied for a
clearance from the Civil Aviation Authority of the Philippines (CAAP).

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ARTICLE VIII:
SPECIAL USES

Section 55. Residential Subdivision

Residential subdivisions shall be allowed, provided that:

• 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).

Section 56. Farm Lot Subdivision

Farmlot subdivisions shall be allowed, provided that:

• 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.”

Section 57. Commercial Subdivision

Commercial subdivisions shall be allowed, provided that:

• The site shall be located in areas classified as or appropriate for commercial


use.

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• The site shall be located within one major traffic area.


• The site shall be served by a major road readily accessible by public mass
transportation.
• The site shall be within easy reach of required water supply, power, and sewage
disposal facilities.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in the Human Settlements Regulatory Commission
Administrative Order No. 21, Series of 1985, “Rules and Regulations for
Commercial Subdivision and Commercial Condominium Project.”

Section 58. Industrial Subdivision

Industrial subdivisions shall be allowed, provided that:

• 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.”

Section 59. Billboards

Billboards shall be allowed, provided that:

• No billboard or billboard structure shall be located within a radius of one


hundred (100) meter radius from each other another.
• No billboard or billboard structure shall be erected in such a manner as to
confuse or obstruct the view or interpretation of any official Traffic.
• No billboard or billboard structure shall be constructed as to unduly obstruct the
natural view of the landscape, distract or obstruct the view of motorists.
• the public as to constitute a traffic hazard, or otherwise defile, debase or offend
aesthetic and cultural values and traditions.
• No billboard or billboard structure shall be erected in such a manner that any
portion of its surface or supports will interfere in any way with the free use of any
fire escape, exit, or standpipe.
• No billboard or billboard structure shall obstruct any opening to such an extent
that light or ventilation is reduced to a point below that required by the NBC;
• Billboards or billboard structures on roofs shall not be allowed.
• Billboards or billboard structures shall not be installed near power lines and shall
maintain a horizontal clearance from such power lines in accordance with Rule
XIII, Table XIII.1 of the NBC IRRs.
• Clearances of billboards or billboard structures from high voltage power lines
shall be in accordance with the Philippine Electrical Code.

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• In areas near electric distribution facilities including that of any power


substations, the minimum horizontal distance measured from the property line
abutting the RROW and all the adjoining properties to the nearest base of the
sign structure shall be the height of the structure plus one (1.00) meter.

Section 60. Computer Shops

Computer shops shall be allowed, provided that:

• Pursuant to the City’s vision of becoming an educational center, internet cafés


and cyber stations that offer online or offline and single- or multi-player games
shall be located beyond a radius of 500 meters from the nearest nursery school
/ kindergarten / pre-school / day care center / primary school, elementary
school, high school, college, university, vocational school, and public
playgrounds.

Section 61. Accommodation Services

Accommodation services shall be allowed, provided that:

• 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.

Section 62. Potential Places of Ill Repute

Certain establishments may be construed or mistaken as places of ill repute such


as disco, dance hall, videoke bar, KTV bar, or karaoke bar. There are, however,
similar establishments that are wholesome and family-friendly (e.g. Family KTV).
Special permit uses for these establishments may be given following certain
conditions:

• The owner/developer shall present a business plan, detailing the potential


target market, staffing requirements, products and services, and other
information
• The owner/developer shall present an architectural or artistic rendering of the
establishment’s façade and interior design
• The owner/developer shall present submit an Affidavit that such establishment
shall not be used for sexually immoral and illegal activities

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Section 63. Gambling

Certain gambling activities are allowed, provided that:

• 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.)

Section 64. Cockfighting

Cockfighting activities are allowed, provided that:

• The project shall be developed in accordance with the provisions of the


Cockfighting Law of 1974 (PD 449, amended by PD 1310).
• The site shall not be located at least 200 meters from the nearest residential,
commercial, or institutional structures in the community.
• The site shall have adequate parking space, noise reducing facilities, and buffer
areas planted to trees with at least three (3) meters shall be provided.
• The site shall not be located along national highways unless they observe a
setback of at least fifty (50) meters there from the edge of the road right-of-way
of the national highway. Along all other roads, a setback of not less than thirty
(30) meters shall be observed.
• The site shall be located in open spaces so as not to cause undue noise,
annoyance, traffic hazard, or other danger to the safety and order of the
community, nor disturb the undertaking of the allowed uses in the vicinity.

Section 65. Piggery or Poultry Farms

Piggery or poultry operations shall be allowed, provided that:

• The site shall be located:


o Outside urban barangays
o Outside flood-prone areas and environmentally critical areas such as
watersheds
o On well-drained and porous soils and not on soils with high moisture
content
o Preferably in a rolling terrain for good drainage
o At least 25 meters radius from bodies of water such as rivers and creeks
o At least 25 meters radius from sources of ground and surface drinking
water
• For poultry farms:
o At least 200 meters radius from the National Highway or major road
o At least 500 meters radius from built-up areas such as residential and
commercial areas (for small-scale poultry farms)

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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.”

Section 66. Slaughterhouse /Abattoir

Slaughterhouses are allowed, provided that

• 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).

Section 67. Market

Markets are allowed, provided that:

• 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.

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• The site is located in a radial distance of:


o 25 meters from slaughterhouses or abattoirs
o 50 meters from funeral establishments
o 50 meters from churches
o 50 meters from schools
o 50 meters from plazas
o 50 meters from public-assembly buildings such as auditoriums
• The site shall be located within walking distance from public transportation
terminals.
• The site is located within a commercial zone and is accessible through an
arterial street and provided with service access for trucks for the delivery of
goods and other services.

Section 68. Filling Stations

Filling or fuel stations are allowed, provided that:

• 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.

Section 69. Service Stations

Service stations are allowed, provided that:

• The station shall comply with the standards set by the DOE.
• Charging stations for pure electric and hybrid cars are highly recommended.

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• 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.

Section 70. Funeral Establishments

Funeral establishments are allowed, provided that:

• Shall not be located along the National Road.


• Shall not be located within the General Residential Zone.
• Shall not be located beyond a radial distance of 25 meters from restaurants,
food centers, and food establishments.
• Shall not be located beyond a radial distance of 50 meters from markets.
• Shall not be located beyond a radial distance of 200 meters away from
slaughterhouses/abattoirs, schools, and hospitals.
• The location of which shall be out of sight of hospitals and other institutions that
might find the view of funeral parlors/memorial chapels/mortuaries
objectionable.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in HLURB Resolution No. R-638, Series of 1999, “Approving
the Amendments to the Implementing Rules and Regulations Governing the
Processing of Applications for Locational Clearance of Funeral Establishments.”

Section 71. Cemetery/Memorial Park

Cemeteries and memorial parks are allowed, provided that:

• The development shall not be located along the National Highway.


• The development shall be situated beyond a radius of fifty (50) meters from
residences.

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• The development shall be located or shall provide for an easement or buffer


zone of at least of fifty (50) meters away from actual or potential ground water
sources, banks of rivers or other bodies of water adjoining the same.
• The design of structures such as monuments, columbariums, and museums shall
blend with the surroundings.
• The development shall not adversely affect the appropriate or profitable use of
other properties in the locality.
• Shrubbery and trees should be planted around the site and on the easement
or buffer zone.
• Adequate drainage system should be provided for liquid run- off from decaying
matter.
• Pest control measures should be applied to prevent the contamination of
surrounding areas.
• Shall comply with other sanitary requirements of the Sanitation Code, the DOH,
and the City Health Office.

Section 72. Columbarium

Columbaria are allowed, provided that:

• 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.”

Section 73. Transport Terminal

Transportation terminals are allowed, provided that:

• Terminals for passenger buses and/or cargo transport vehicles


accommodating more than three (3) units and terminals for passenger
jeepneys, vans, and taxis accommodating more than six (6) units at any given
time shall be located at a reasonable distance from residential zones.
• The following basic and customary facilities shall be provided within the
terminal compound for efficient, safe and orderly operation:

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o Boarding/loading space, the minimum area of which shall be


equivalent to 1.5 times the actual dimension of a transport vehicle unit
using the terminal, multiplied by the estimated maximum number of
units boarding/loading in the terminal at any given time,
o Temporary parking space for other units queuing for boarding/loading
shall be computed based on actual dimension of each transport
vehicle unit using the terminal multiplied by the estimated maximum
number of units in the terminal premises at any given time,
o Disembarking/arrival area, the minimum area of which shall be
equivalent to 1.5 times the actual dimension of a transport vehicle unit
using the terminal multiplied by two (2),
o Sufficient areas for driveways and maneuverings,
o A passenger waiting lounge with an area equivalent to 50% of the
computed total boarding/loading space,
o Information counters, baggage/storage room and toilet rooms with
sufficient water supply for maintenance of hygiene and sanitation, and
o Customer parking space, the number of slots being twice the estimated
maximum number of units boarding/loading in the terminal at any given
time as minimum.
• Backing-up and maneuverings shall be done only within the terminal
compound so as not to unduly disrupt traffic flow on public roads.
• Measures shall be provided to effectively confine noise, vibration, and odors
such as by constructing structural enclosures, provision of buffer yards, etc.
• A perimeter fence shall be provided to physically delineate the terminal
premises and to avoid out-spill of activities to adjoining properties.
• Proper disposal of wastes must at all times be practiced and the direct
discharge to public sewer and drainage of waste oils, grease and the likes is
not permitted. It is the sole responsibility of the terminal operator to maintain the
premises in good sanitary condition.

Section 74. Transport Garage

Transportation garages are allowed, provided that:

• 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.

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• The minimum parking space to be provided shall be based on the actual


dimension of units, the total of which shall be computed with the estimated
number of units parking in the garage at any given time exclusive of
passageways and driveways appurtenant thereto.
• Backing up and other maneuverings shall be done only within the property /
garage compound so as not to affect the smooth flow of traffic on public roads.
• The operator shall provide a separate space for repair, lubrication, and other
maintenance activities.
• The garage premises shall be completely enclosed with a perimeter wall and
effective measures shall be provided so as not to create nuisances and hazards
such as noise, fumes, odors, and wastes adjoining properties and the vicinity in
general.
• The operator shall provide an administration office, personnel/driver/crew
quarters, and toilet facilities with sufficient water supply for hygiene and
sanitation.
• Installation of gasoline/auto LPG filling station within the garage may be
allowed only with prior approval of the DOE and use thereof shall be exclusive
to the bus units housed in that particular garage facility.
• Proper disposal of wastes must at all times be practiced and the direct
discharge to public sewer or drainage of waste oils, grease, and the like is not
permitted. It is the sole responsibility of the garage operator to maintain the
premises in good sanitary condition.

Section 75. Open Storage

Open storages are allowed, provided that:

• 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.

Section 76. Materials Recovery Facility

Materials recovery facilities are allowed, provided that:

• 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.

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Section 77. Sanitary Landfill

Sanitary landfills are allowed, provided that:

• 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.

Section 78. Communication Towers

Base stations shall be allowed, provided that

• No interference with or damage to local electrical appliances or other property


will likely result.
• Base stations shall conform to the setback requirements of the NBC and the
Radio Frequency Radiation Evaluation by the DOH.
• A perimeter fence as per the specifications in the DOH Radiation Protection
Evaluation Report shall be constructed to prevent access of the public to the
antenna/tower and other telecommunication facilities.
• The proposed location, design, and method of operation of the facilities will not
have a detrimental effect on the privacy, quietness, light access, and air quality
of the neighborhood.
• The owner/developer shall submit an Affidavit of Undertaking of the
requirements outlined in the HLURB Resolution No. R-626, Series of 1998,
“Approving the Locational Guidelines for Base Stations of Cellular Mobile
Telephone Service, Paging Service, Trunking Service, Wireless Local Loop
Service, and Other Wireless Communication Services.”

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Section 79. Private Airports and Heliports

Private airports and heliports shall be allowed, provided that:

• 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.

Section 80. Renewable Energy Projects

Renewable energy projects such as solar, hydro, biomass, and bagasse shall be
allowed, provided that:

• Such renewable energy-generating project is consistent with the City’s


Renewable Energy Development Plan.
• Such project shall not result to the degradation of the natural environment.
• No nuisance to established residential areas shall be created such as glare from
solar panels or odor from biomass and bagasse.
• Shall comply with the standards of concerned national agencies such as NWRB
and DENR for hydro-electric plants.

Section 81. Other Uses

Special use permits shall also be issued for other land uses which:

• May have significant impact on health, safety, and the environment.


• Are generally supportive of the uses in other zones and the structures allowed
therein but have significant physical and environmental effects that would
make the unregulated allowance of such uses undesirable.
• Have significant or strategic economic, social, or environmental impact on the
area but are not numerous enough to warrant their inclusion or incorporation
into a specific zone, or such incorporation is not desirable on account of the
need for evaluation of each particular application for the same class of use
according to its merit.

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ARTICLE IX:
GENERAL REGULATIONS

Section 82. Area 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:

Table 5. Laws and Regulations Affecting Land Use


No. Name / Description
Commonwealth Act 141 Public Land Act
Batas Pambansa 220 Promulgation of Different Levels of Standards and
Technical Requirements for Economic and Socialized
Housing Projects
Batas Pambansa 344 Accessibility Law
P.D. 705 Revised Forestry Code
P.D. 856 Sanitation Code
P.D. 957 Subdivision and Condominium Buyers’ Protective Law
P.D. 1076 Water Code
P.D. 1096 National Building Code
P.D. 1152 Philippine Environment Code
P.D. 1185 Fire Code
P.D. 1586 Philippine Environmental Impact Statement System
R.A. 1378 National Plumbing Code
R.A. 6541 Structural Code
R.A. 6657 Comprehensive Agrarian Reform Law
R.A. 6969 An Act to Control Toxic Substances and Hazardous and
Nuclear Wastes
R.A. 7277 Magna Carta for Disabled Persons
R.A. 7279 Urban Development and Housing Act
R.A. 7586 National Integrated Protected Areas Act
R.A. 7916 Special Economic Zone Act
R.A. 8371 Indigenous People’s Rights Act
R.A. 8435 Agriculture and Fisheries Modernization Act
R.A. 8550 Revised Fisheries Code
R.A. 8749 Clean Air Act
R.A. 9003 Ecological Solid Waste Management Act

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No. Name / Description


R.A. 9072 National Caves and Cave Resources Management Act
R.A. 9147 Wildlife Resources Conservation and Protection Act
R.A. 9275 Philippine Clean Water Act
R.A. 9497 Civil Aviation Authority Act
R.A. 9593 Philippine Tourism Act
R.A. 9729 Philippine Climate Change Act
R.A. 10066 Philippine Cultural Heritage Act
R.A. 10121 Disaster Risk Reduction and Management Act
R.A. 10816 Farm Tourism Development Act
R.A. 10884 Law on Balanced Housing Development Program
Amendments

Section 83. Building Regulations

No land or building structure shall be used or occupied and no building or structure


or part thereof shall hereafter be erected, constructed, or reconstructed, moved, or
structurally altered except in conformity with provisions of the National Building Code (PD
1096) and all the implementing rules and regulations issued thereafter.

Section 84. Height Regulations

Notwithstanding the Building Height provisions of this ordinance, building heights


should also conform to the height restrictions and requirements of the CAAP.

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.

Section 85. Heritage Buildings

Consistent with the City’s vision of becoming a “progressive city of culture,” the
following heritage buildings shall be preserved:

1. Rivas Galang Residence (const. 1880)


2. Jaboneta Residence (const. 1926)
3. Alvarez Residence (const. 1920)
4. Abanilla Residence (const. 1926)
5. Limsiaco-Zafra Residence (const. 1935)
6. Perez Residence (const. 1933)
7. St. Francis Xavier Cathedral (const. 1935)
8. Dr. Gumersindo Garcia Memorial Hospital (const. 1927)
9. Gabaldon Building (const. 1920)

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10. Old Municipal Hall (const. 1933)


11. Band Stand (Plaza) (const. 1933)
12. Muscovado Mill

In addition to the above-specified buildings, the following shall also be preserved


pursuant to the National Heritage Act of 2009 (R.A. 10066):

1. Structures dating at least 50 years old, and


2. Historical sites and structures declared by the National Historical Institute (NHI)
as Historical Shrines.

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.

Building Density and Bulk Regulations

The following regulations supersede those 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)

Building/Structure Design Regulations

• 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).

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• For declared heritage houses:


o Repair and renovation works, to include building and landscape, shall
ensure that the original architectural design at the interior and exterior
are maintained.
o The size and appearance of business and other signs shall be made to
blend with the period design of the house.
• For new construction:
o Designs, to include building and landscape, shall be made similar to the
period designs of the declared houses of ancestry.

Other Regulations

A Heritage Conservation Management Plan and other regulations, policies, and


standards promulgated by Sangguniang Panlungsod shall further regulate the use of
heritage buildings and structures within the City.

Section 86. Buffer 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.

Table 6. Buffer Widths


Total Buffer Width
Zoning Classification
(in meters)
Forest Reserve Sub-Zone 40
Civil Reservation Sub-Zone 40
Special Use Sub-Zone 40
Protection Agricultural Sub-Zone 20
Production Agricultural Sub-Zone 20
Industrial-1 Zone 10
Industrial-2 Zone 20
Industrial-3 Zone 40
Parks and Recreation Zone 20
Utilities, Transportation, and Services Zone 10

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.

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Section 87. Water Easement

In addition to buffer strips, easements along water bodies shall be observed.

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

Allowable Primary Uses/Activities

• 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

Allowable Secondary Uses/Activities

• Park structures such as monuments, memorials, statues, playgrounds, jogging


trails, bicycle lanes
• Plant nurseries, organic farm gardens, agriculture, silviculture
• Horticultural nursery

Conditional Uses/Activities

• Eco-tourism, provided that:


o Eco-tourism activities such as tree planting 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.
• Customary accessory uses incidental to any of the above provided that:
o Any office, retail store, or restaurant must be hosted in separate single-storey
structures

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o All exterior pavements and pathways are constructed of permeable


materials such as permeable paver tiles
o Toilet facilities are provided with septic tanks

Prohibited Uses/Activities

• Tilling of riverbanks

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Subject to national locational guidelines and standards of concerned
agencies.

Section 88. Fault-Line Easement

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.

No permanent buildings or structures shall be built within 10-meter fault-line


easement throughout the length of all identified fault-lines and fault-traces within the City.

Section 89. Utility Easement

All buildings and structures shall be subject to a permanent easement in favor of


duly authorized public utilities or service entities, their successors and assigns, for the
installation of electric poles and metal alley arms and all the accessories and
appurtenances connected therewith for the exclusive purpose of carrying utility lines
(electric, telephone, internet, etc.) including free access for repairs, inspections, and all
other acts necessary to public safety and preservation of the utility lines. Installations of any
kind are subject to the approval of the City.

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.

An easement of 30 meters on both sides of the centerline of NGCP power


transmission lines shall be maintained as open spaces and shall be free of any permanent
structure.

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Section 90. Road Setback Regulations

The following road setback regulations shall be applied:

Table 7. Road Setback Regulations


Barangay
Zoning Classification National Road City Roads
Roads
Forest Reserve Sub-Zone 30 25 10
Civil Reservation Sub-Zone 30 25 10
Special Use Sub-Zone 30 25 10
Protection Agricultural Sub- 20 20 7
Zone
Production Agricultural Sub- 20 20 7
Zone
General Residential Zone 10 10 3
Commercial-1 Zone 20 20 7
Commercial-2 Zone 20 20 7
Commercial-3 Zone 20 20 7
Industrial-1 Zone 30 25 10
Industrial-2 Zone 30 25 10
Industrial-3 Zone 30 25 10
General Institutional Zone 20 20 10
Parks and Recreation Zone 10 10 3

Section 91. Specific Provisions in the National Building Code

Specific provisions stipulated in the National Building Code (P.D.1096) as amended


thereto relevant to traffic generators, advertising and business signs, erection of more than
one principal structure, dwelling on rear lots, access yard requirements, and dwelling
groups, which are not in conflict with the provisions of the Zoning Ordinance, shall be
observed.

Section 92. Building or Structure Use

No building, structure, or land shall hereafter be occupied or used and no building


or structure or part thereof shall be erected, constructed or structurally altered except in
conformity with the provisions of this Zoning Ordinance.

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Section 93. Yard and Off-Street Parking Space

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.

Section 94. Parking Requirements

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:

Table 8. Parking Requirements


Use/Activity Parking Requirement
1 Residence • 1 slot / 2 dwelling units
2 Dormitory • 1 slot / 5 rooms
3 Pension house / lodge / boarding • 1 slot / 20 beds
house
4 Apartel • 1 slot / 3 rooms
5 Hotel • 1 slot / 3 rooms
6 Tourist hotel • 1 slot / 3 rooms plus
• 2 tourist bus parking slots /
establishment
7 Supermarket • 1 slot / 75 sq.m. of NLA
8 Wet and dry market • 1 slot / 50 sq.m. of stall area plus
• 1 delivery parking slot / 300 sq.m.
of stall area
9 Restaurants, cafés, food parks, and • 1 slot / 15 sq.m. of customer area
other food establishments plus
• 1 slot / 50 sq.m. of office, staff, and
kitchen area
10 Retail shops • 1 slot / 30 sq.m. of NLA
11 Banks and other financial institutions • 1 slot / 25 sq.m. of NLA
12 Office buildings • 1 slot / 50 sq.m. of NLA
13 Shopping malls (all types) • 1 slot / 25 sq.m. of NLA
14 Other commercial buildings • 1 slot / 50 sq.m. of NLA

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Use/Activity Parking Requirement


15 Recreational facilities • 1 slot / 25 sq.m. of NLA
16 Industries • 1 slot / 250 sq.m. of GFA plus
• 1 delivery parking slot / 300 sq.m.
of GFA
17 Public assembly buildings such as • 1 slot / 20 sq.m. of spectator area
stadia, auditoria, theaters, and
cockpit arena
18 Places of worship • 1 slot / 25 sq.m. of congregation
area
19 Elementary schools, secondary • 1 slot / 5 classrooms plus
schools, technical/vocational schools, • 1 bus parking slot / 100 students
review centers, and other training
centers
20 Colleges and universities • 1 slot / 3 classrooms plus
• 1 bus parking slot / 200 students
21 Tertiary hospitals • 1 slot / 5 beds
22 Nursing homes • 1 slot / 12 beds
23 Funeral establishments, mortuaries, • 10 slots / every establishment
funeral chapels
24 Columbarium • 1 slot / 50 niches
25 Transport terminals • 1 slot / 500 sq.m. of net useable lot
area

Section 95. Vehicular Entrance and Exit

Properties along the National Highway shall be provided with a single-lane


driveway for vehicular entrance and a single-lane driveway for vehicular exit or a two-lane
combined entrance/exit driveway at any convenient location along its frontage for
access of parking spaces within the property. Parking slots directly accessed from the road
for more than two (2) vehicles shall not be permitted.

Section 96. Structures to Have Access

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.

Section 97. Dwelling on Rear Lots

No building used or designed to be used as residential shall be allowed in any rear


lot unless such lot has a right-of-way easement over a path of at least four (4) meters
leading to a street. Two (2) or more buildings, however, may be allowed on a common
path if the right-of-way easement is at least six (6) meters wide.

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Section 98. Erection of More Than One Principal Structure

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.

Section 99. Dwelling Group

When it is impractical to apply the requirements of these Zoning Regulations to


individual building unit in a residential compound, consisting of two or more buildings, a
permit for the construction of such compound may be issued, provided that the plan
thereof conform to the following conditions:

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.

Section 100. Yard Requirements along a Zone Boundary Line

Lots abutting on a zone boundary line shall conform to the yard requirements of a
more restrictive zone bounded by the line.

Section 101. Provisions for Road Widening and Road Rights-of-way

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.

No structures shall be allowed to be constructed within properties or portions


thereof affected as right-of-way of proposed roads.

Section 102. Pollution Control

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.

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Section 103. Provision Surface Drainage and Heat Reduction

Green areas shall be provided and pervious, permeable, or semi-permeable


materials such as grass paver tiles, perforated slabs, interlocking blocks/tiles, and
gravel/pebbles shall be used in developing and landscaping parking lots, driveways, and
other open spaces. This is to:

1. Minimize rainwater surface run-off


2. Allow recharging of ground water supply
3. Reduce the urban heat island effect

Section 104. Petition to Homeowner’s Association or Barangay

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.

Section 105. Advertising, Billboards, and Business Signs

No advertising, billboards, or business signs whether on or off premises of an


establishment shall be displayed or put up for public view without a Locational Clearance
from the Zoning Administrator. Locational Clearance for such signs or billboards may be
granted only when the same is appropriate for the permitted use for a zone and the size
thereof is not excessive, considering the bulk or size of the building or structure and the
business practices or usages of the locality and the same shall in no case obstruct the view
of any scenic spot.

Obnoxious signs that would constitute nuisance to adjoining property owners,


distract motorists, or constitute as hazards to public safety shall not be allowed in any area.
No sign should project to public property unless expressly allowed by the Zoning
Administrator.

Advertisement and business signs shall be allowed provided that:

• 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.

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• 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.

It shall be unlawful to maintain an obsolete sign by reason of discontinuance of


business, service or activity for more than 60 days there from.

Furthermore, installation of billboards shall require a Special Use Permit.

Section 106. Innovative Techniques and Design

Project development using innovative techniques or designs that promotes


creativity, flexibility, and economy in land uses shall be encouraged. These can include
the application of Smart Growth, Smart City, or Green Building concepts and technologies.

• Before innovative techniques may be employed in any area, the owner or


developer must first secure from the Zoning Administrator a special
development permit.
• The Zoning Administrator, if other than the City Planning and Development
Coordinator, shall secure a favorable recommendation from the City Planning
and Development Office before granting such a permit.
• In addition, the Zoning Administrator shall conduct a public hearing on the
application, following the procedures prescribed for the conduct of hearing
prior to the grant of variances as set forth in Article XI herein.
• The Zoning Administrator may prescribe such terms and conditions that he may
deem as reasonable and proper, provided they are consistent with the next
succeeding section.

The utilization of innovative techniques or designs in any area shall be permitted


only if the following conditions are complied with:

1. It would be economically impracticable to apply the convention standards of


this Ordinance to a particular area, or the compliance with such requirements
would unduly hamper efficiency, economy in design and space, utilization,
and creativity.
2. The owner/developer must submit preliminary and final plans for review to the
City Development Council and the Zoning Administrator:
a. The preliminary plan must generally set forth any existing or proposed
arrangements of lots, streets, access points, open spaces, utility easements,
drainage patterns, transportation, etc.

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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.

Section 107. Zoning Incentives

Density bonuses, such as allowable building height increases, may be provided as


incentives for projects that use CCA/DRRM technology or innovative techniques and
designs such as the use of solar panels, rainwater harvesting, smart urban drainage
systems, green architecture/building systems. Similar incentives may also be given to
projects that provide wider setbacks, increased ground level open spaces, provides public
infrastructure or conserve heritage sites. These incentives shall be determined by the
Sangguniang Panlungsod.

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ARTICLE X:
PERFORMANCE STANDARDS

Section 108. Application of Performance Standards

The following performance standards are intended to ensure land use and
neighborhood compatibility. Proposed developments shall comply with the applicable
performance standards which shall form part of the requirements for Locational
Clearance.

These standards are by no means exhaustive or all inclusive. The Local Zoning Board
of Appeals (LZBA) may require other standards, when deemed necessary, to ensure land
use and neighborhood compatibility.

These standards shall also form part of the City’s Sustainable Urban Design and
Green Building Code.

Section 109. Environmental Conservation and Protection Standards

It is the intent of the ZO to protect the natural resources of the City. In order to
achieve this objective, all developments shall comply with the following regulations:

1. Views shall be preserved for public enjoyment especially in sites with high scenic
quality by closely considering building orientation, height, bulk, fencing, and
landscaping.
2. Deep wells shall not be allowed unless a Water Permit is obtained from the
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).

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7. Domestic, commercial, and industrial wastewater effluents shall not discharge


into surface and groundwater unless it is scientifically proven that such
discharges will not cause the deterioration of the water quality. Effluents shall
be maintained according to DENR’s latest Effluent Quality Standards for Class
“C” Inland Waters.
8. Developments that generate toxic and hazardous waste shall provide
appropriate handling and treatment facilities which should be in accordance
with the requirements of and approved by the DENR.
9. Floodplains shall not be altered, filled, or built upon without proper drainage
design and without proper consideration of possible inundation effects on
nearby properties.
10. All developments, particularly those in sloping areas, shall undertake adequate
and appropriate slope and erosion protection as well as soil conservation
measures.
11. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke,
gas, or any other air polluting material that may have harmful effects on health
or cause the impairment of visibility are not permitted. Air quality at the point of
emission shall be maintained at specified levels according to DENR’s latest Air
Quality Standards.
In no case whatsoever shall dust, dirt, or fly ash be allowed to exceed 0.3
grams per cubic meter of the gas at stagnation temperature of 10 centigrade
and to create a haze with opaqueness that is equivalent to or greater than No.
1 Ringelmann Smoke Chart.
Any smoke emitted from any source for an aggregated period of seven (7)
minutes in any thirty (30) minutes, particularly when starting a new fire, shall
have a density not greater than No. 2 in the Ringelmann Smoke Chart.
12. The emission of foul odors and noxious gases harmful to public health, safety
and general welfare shall not be permitted. Buildings and activity that emit foul
odors and noxious gases shall be enclosed by air-tight buildings provided with
air conditioning system.
13. Developments that generate a significant volume of solid waste shall provide
appropriate solid waste collection and disposal systems and facilities.
14. Industrial processes/activities should not cause negative impacts to the
environment. The Zoning Administrator may request for descriptions of these as
part of the requirements for Locational Clearance.
15. Mature trees or those equal to or greater than twelve (12) inches caliper
measured 14 inches above the ground shall not be cleared or cut, unless
permitted or is done in accordance with the provisions of the DENR and upon
clearance of the City Environment and Natural Resources Office.

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Section 110. Agricultural Land Conservation and Preservation Criteria

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.

Requests for re-classification shall be evaluated on the merits of conditions


prevailing at the time of application, compatibility with the CLUP, and subject to the
provisions of Memorandum Circular No. 54 Prescribing the Guidelines Governing Section
20 of R.A. 7160, authorizing Cities and Municipalities to Reclassify Agricultural Lands into
Non-Agricultural Uses.

Applications for agricultural land re-classification approved by the City shall be


submitted to the HLURB/Sangguniang Panlalawigan for review and final approval.

Section 111. Network of Green Open Spaces

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:

1. All residential, commercial, industrial, and mixed-use subdivisions, in


compliance with the rules and regulations of P.D. 1216 (Defining “Open Space”
in Residential Subdivisions), P.D. 953 (Requiring the Planting of Trees in Certain
Places), P.D. 957, and B.P. 220, are respectively required to provide tree-planted
strips along its internal roads having spacing of not more than ten (10) meters.
2. Similar development with total contiguous land areas greater than ten (10)
hectares are required to provide, in addition to the above, adequate
landscaped forest parks for the use of the occupants and/or the general
public.
3. Residential compounds, regardless of total lot area, shall provide an open
space for playground purposes. Where the residential compound is intended
for less than ten (10) families, the setting aside of such area for playground
purposes may be dispensed with, provided, that an open space may be used
as part of the yard requirement for the compound.
4. All designated open spaces shall not be converted to other uses. Roof decks
of all buildings shall be landscaped, as applicable
5. Parking lots having at least 20 car parking slots shall be:
a. Landscaped with suitable trees. The minimum height of trees at the time of
securing an Occupancy Permit shall be 1.80 meters from the base to the
crown, and
b. 100% paved with permeable or semi-permeable materials.

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Section 112. Site Development Standards

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.

Further, designs should consider the following:

1. The height and bulk of buildings and structures shall be so designed that it does
not impair the entry of light and ventilation, cause the loss of privacy, 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.

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e. Noise levels shall be maintained according to levels specified in DENR’s


latest guidelines on the abatement of noise (see next section).
6. Glare and heat from any operation or activity shall not be radiated, seen, or
felt from any point beyond the limits of the property. No glare shall be seen from
established residential areas nor from major thoroughfares such as the National
Highway and city roads.
7. Fencing along roads shall be see-through. Side and rear fencing between
adjacent lots (not facing a road) may be of opaque construction materials.

Section 113. Noise Standards

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).

Table 9. Environmental Quality Standards for Noise in General Areas


Category Morning Daytime Evening Nighttime
(5AM to 9AM) (9AM to 6PM) (6PM to 11PM) (11PM to 5AM)
AA 45 50 45 40
A 50 55 50 45
B 60 65 60 55
C 65 70 65 60
D 70 75 70 65
Note:
AA – Contiguous areas that require quietness
A – General Residential Zone
B – Commercial-1 Zone, Commercial-2 Zone, and Commercial-3 Zone
C – Industrial-1 Zone and Industrial-2 Zone
D – Industrial-3 Zone

Section 114. Infrastructure Capacities

All developments shall not cause excessive requirements at public cost for public
facilities and services. All developments shall exhibit that their requirements for public
infrastructure (such as roads, drainage, water supply and the like) are within the capacities
of the system/s serving them.

The Zoning Administrator shall require the following:

1. Drainage Impact Assessment Study

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.

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These developments include:

• Commercial-residential buildings or condominiums,


• Shopping malls,
• Public markets,
• Schools, universities,
• Residential, commercial, and industrial subdivisions,
• PUDs,
• Others as determined by the Zoning Administrator

2. Traffic Impact Statement

Major, high-intensity facilities shall be required to submit Traffic Impact Statements


(TIS) or Traffic Impact Assessments (TIA) and a Traffic Management Plan (TMP) which shall
form part of the requirements for the Locational Clearance.

These developments include:

• Residential developments in excess of 200 units


• Business establishments with GFA in excess of 5,000 sq.m.
• Warehouses with GFA in excess of 10,000 sq.m.
• Retail establishments with GFA in excess of 1,000 sq.m.
• Developments with a combined generation and attraction (vehicles or
pedestrians) greater than 100 in peak hours
• Where more than 100 off-street parking spaces are provided
• Others as determined by the Zoning Administrator

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ARTICLE XI:
MITIGATING DEVICES

Section 115. Variances

A variance is a special type of locational clearance. Variances are deviations from


applicable Building Bulk and Density Regulations, Building Design Regulations, General
Regulations, and Performance Standards.

A variance may be allowed provided that proposals satisfy all of the following
provisions:

1. Conforming to the provisions of the Ordinance will cause undue hardship on


the part of the owner of the property due to physical conditions of the property
(topography, shape, etc.), which is not self-created.

These limiting characteristics may be one or a combination of the following:


• Small and narrow lots
• Lots with narrow frontages
• Lots with irregular shapes (e.g. triangular)
• Lots with difficult topography

2. The proposed variance is the minimum deviation necessary to permit


reasonable use of the property.

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.

5. The variance will be in harmony with the spirit of this Ordinance.

Section 116. Exceptions

An exception is another special type of locational clearance. Exceptions are


deviations from Allowable Use provisions. Exceptions may be allowed provided that
proposals satisfy all of the following conditions:

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.

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2. The proposed project shall support economic based activities/provide


livelihood, vital community services and facilities while at the same time posing
no adverse effect on the zone/community.

a. The proponent shall submit a calculation of the project's direct economic


impact which should include the following:
• Number of employees (permanent and casual) within the next five
years
• Wages and salaries from the new jobs
• Estimates on spending on personal consumption by residents of new
housing and/or workers in new jobs

b. The proponent shall warrant prioritizing the hiring of qualified residents of the
City.

c. With complex and large-scale proposals, such as regional shopping centers,


industrial estates, and the like, the LZBA may require the proponent to submit its
Feasibility Study that includes Social and Economic Analysis.

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.

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ARTICLE XII:
ADMINISTRATION AND ENFORCEMENT

Section 117. Locational Clearance

All owners/developers shall secure Locational Clearance from the Zoning


Administrator or, in cases of Variances and/or Exceptions, from the LZBA prior to
conducting any activity or construction on their property/land.

Figure 1. General Process Flow for Locational Clearance

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.

The processing, evaluation, and issuance of Locational Clearance by the Zoning


Official shall not exceed ten (10) working days except with respect to projects of national
significance, major or innovative projects, projects requiring special use permits, appeals,
and request/s for reconsideration.

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Section 118. Validity of Locational Clearance

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.

Section 119. Projects of National Significance

Based on established national standards and priorities, the HLURB shall continue to
issue locational clearances for projects considered to be of vital and national or regional
economic or environmental significance.

Unless otherwise declared by the NEDA Board, all projects shall be presumed
locally-significant (Para. 2 Section 3a, of E.O. 72).

Section 120. Major or Innovative Projects

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.

Section 121. Environmental Compliance Certificate

Pursuant to HLURB Memorandum Circular No. 16 Series of 1989, unless an ECC or a


CNC has been secured, proposed projects covered by the EIS System (see definition of
Environmentally Critical Areas and Environmentally Critical Projects) shall not be issued a
Locational Clearance.

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.

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Figure 2. Process Flow Prior to Locational Clearance Evaluation

Section 122. Subdivision Projects

All owners or developers of subdivision projects (such as residential, commercial,


industrial, and farm lot subdivisions) shall, in addition to securing a Locational Clearance,
be required to secure a Development Permit pursuant to the provisions of P.D. 957 and its
Implementing Rules and Regulations or B.P. 220 and its Implementing Rules and Regulations
and in accordance with the procedures laid down in E.O. 71, Series of 1993.

Proposed subdivision projects shall prepare their respective Deed Restrictions (to
include, among others, regulations pertaining to allowable uses within their project sites.
The list of allowable uses within subdivisions shall be within the list of allowable uses within
the Zone. Proof of compliance of future projects with the provisions of the Deed Restrictions
for the said subdivision shall form part of the requirements for Locational Clearance.

The proponent shall submit the following:

1. Duly-accomplished application form


2. A Certificate of Non-Coverage (CNC) or Environmental Compliance
Certificate (ECC) from the DENR, whichever is applicable
3. Master Deed of Restrictions

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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.

Section 123. Planned Unit Development Projects

Proposed Planned Unit Developments (PUD) projects shall be accompanied by


Comprehensive Master Development Plans (CMDPs) showing, at the minimum, proposed
land uses, building density and bulk, road network layout, road and sidewalk section
details, and master layouts of all utilities such as those for potable water, storm drainage,
sewerage, power supply, telecommunication, and solid waste management.

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.

The proponent shall submit the following:

1. Duly-accomplished application form


2. A Certificate of Non-Coverage (CNC) or Environmental Compliance
Certificate (ECC) from the DENR, whichever is applicable
3. Master Deed of Restrictions
4. Comprehensive Master Development Plan, which must follow this outline:
• Project Description
• Environmental Study

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• Socio-Economic Study
• Market Study
• Technical Study
• Site Development Plan
• Infrastructure Plans (road, power, water, drainage, and sewage)
• Financial Projections

Planned Unit Developments shall also be evaluated as Special Uses. Conditions or


provisions for Residential Subdivisions, Farmlot Subdivisions, Commercial Subdivisions, and
Industrial Subdivisions may be used depending on which of these uses are included in the
CMDP.

Section 124. Special Use Permit

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:

1. Duly-notarized application form for special use permits


2. Project description, which must show:
• Location map or vicinity map
• Lot plan or subdivision plan, showing all adjacent lots with names of current
lot owners
• Site development plan or site layout with a scale of 1:500 meters
3. Sworn Statements from the owners of land immediately adjacent to the
proposed site signifying their conformity or non-conformity to the proposed use
or activity.
4. If the site is adjacent to or within a residential area, the following shall be
required:
• Proof of Public Hearing (photos and attendance sheet, etc.)
• Certificate of No Objection from the Barangay
• Certificate of No Objection from the Home Owners’ Association (HOA)
5. Other requirements as per the respective HLURB rules and regulations for
specific projects.

The application shall be filed with the Zoning Official for evaluation and submitted
to the SP Land Use Committee for final decision.

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Figure 3. Process Flow for Special Use Permit and Permit for Innovative Techniques

Section 125. 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:

1. Duly-notarized application form for innovative techniques


2. Project description, which must show:
• Technical description and source or reference for the innovative technique
• Location map or vicinity map
• Lot plan or subdivision plan, showing all adjacent lots with names of current
lot owners

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• Site development plan or site layout with a scale of 1:500 meters

The application shall be filed with the Zoning Official for evaluation and submitted
to the SP Land Use Committee for final decision.

Section 126. Development Permit

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

Section 127. Building Permit

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.

Section 128. Occupancy Permit

No Occupancy Permit shall be issued by the City Engineer’s Office without a


Certificate of Zoning Compliance from the Zoning Administrator that the building has
complied with the conditions stated in the Locational Clearance.

Section 129. Business Permit

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.

A Certificate of Non-Conformance, Certificate of Variance, or Certificate of


Exception shall be required for the renewal of businesses and establishments with non-
conforming uses.

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Figure 4. Process Flow for Securing Other Permits

Section 130. Variances or Exceptions

The procedure for evaluating applications for Variances and Exceptions is as


follows:

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.

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2. As an appeal to the Zoning Administrator’s denial, the project proponent shall


file a written application for Variance and/or Exception with the LZBA,
addressed to the City Mayor as the LZBA’s chairman, citing the section(s) of this
Ordinance under which the same is sought and stating the ground/s thereof.

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.

5. A written Affidavit of No Objection to the project by the owners of the properties


immediately in front of and abutting the project site shall be filed by the
applicant with the LZBA within fifteen (15) days upon filing of application.

6. The LZBA shall hold public hearing(s) to be held in the concerned barangay.

7. At the hearing, any party may appear in person, or be represented by agent/s.


All interested parties shall be accorded the opportunity to be heard and
present evidences and testimonies.

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.

All expenses to be incurred in evaluating proposals for Variances and/ or


Exceptions shall be shouldered by the project proponent.

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Section 131. Notice of Non-Conformance

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

3. Conditions by which the non-conforming use can reduce its nonconformity.

Section 132. Certificate of Non-Conformance

Initiation

A Certificate of Non-Conformance of all non-conforming uses and those without


Locational Clearance shall be applied for by the owner/s or agent/s of the property
involved within one (1) year from the approval of this Ordinance.

Procedure

1. A Certificate of Non-Conformance shall be secured by the property owner from


the Zoning Administrator and forwarded to the SP Land Use Committee for
approval by majority of its members;

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;

Expiration of the Certificate of Non-Conformance.

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.

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Figure 5. Business Permit Renewal for Non-Conforming Uses

Section 133. Existing Non-Conforming Uses, Buildings, and Structures

The lawful uses of any building, structure or land at the time of adoption or
amendment of this Ordinance may be continued, although such uses do not conform with
the provisions of the integrated ZO, provided:

1. The owner of a non-conforming use or structure shall program the phase-out


and relocation within nine (9) years from the effectivity of this Ordinance.

2. No such non-conforming use shall be expanded or extended to occupy a


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

3. No such non-conforming use which has ceased operation for more than one
(1) year be again revived as non-conforming use.

4. A vacant/idle building or structure may not be used for non-conforming


activity.

5. Any non-conforming building/structure which has been damaged maybe


reconstructed and used as before provided that such reconstruction is not
more than fifty percent (50%) of the replacement cost. That should such non-
conforming portion of any building/structure be destroyed by any means to an
extent of more than fifty percent (50%) of its replacement cost at the time of
destruction, it shall not be reconstructed except in conformity with the
provisions of this Ordinance.

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6. No such non-conforming use may be moved to displace any conforming use.

7. No such non-conforming use shall change to another non-conforming use.

8. No such non-conforming use or structure may be expanded or altered in a way


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

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.

Section 134. Responsibility for Administration and Enforcement

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.

Section 135. Qualifications of the Zoning Administrator

The qualifications of the Zoning Administrator are as follows.

1. A duly-licensed Environmental Planner registered with the Professional


Regulation Commission;
2. A college graduate, preferably in environmental planning, human ecology,
geography, civil engineering, geodetic engineering, architecture, landscape
architecture, real estate management, or law;
3. Preferably with background in environmental planning, urban planning,
regional planning, site development planning, and master development
planning;
4. Preferably with a post-graduate degree (diploma or master’s) in urban and
regional planning, land use planning, environmental management, land
management, and real estate management;

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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.

Section 136. Powers and Functions of a Zoning Administrator

Pursuant to the provisions of E.O. 72 implementing R.A. 7160 in relation to Sec. 5,


Paragraph a and d, and Section 7 of E.O. 648 dated February 7, 1981, the Zoning
Administrator shall perform the following:

1. Enforcement
a. Act on all applications for Locational Clearance.
b. Issuance of Notice of Non-Conformance to owners/operators of uses,
buildings or structures that are non-conforming to the applicable
provisions of this Ordinance.
c. Monitor on-going/existing projects and issue Notices of Violation and
Show Cause Order to owners, developers, or managers of projects that
are in violation of the provisions of the integrated ZO.
d. Coordinate with the Philippine National Police (PNP) for enforcement of
all orders and processes issued in the implementation of this Ordinance.
e. Coordinate with the City Fiscal 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.

Section 137. Creation of the Zoning Administration Division

It is hereby created a Zoning Administration Division which shall be directly under


the City Planning and Development Coordinator.

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

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Zoning Administration Division is proposed as follows, subject to the minimum standards


and guidelines prescribed by the Civil Service Commission:

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

2. Zoning Officer III


a. Salary Grade: 18
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

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

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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

Section 138. Appeals

A complaint for violation of any provision of the integrated ZO or any clearance or


permit issued pursuant thereto shall be filed with the Local Zoning Board of Appeals (LZBA).

Oppositions to applications for Locational Clearance, Variance, or Exception shall


be treated as a complaint and shall likewise be filed with the LZBA.

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.

Section 139. Functions and Responsibilities of the LZBA

There is hereby created a Local Zoning Board of Appeals (LZBA) which shall perform
the following functions and responsibilities:

1. Act on applications of the following nature:


a. Variances
b. Exceptions
c. Non-Conforming Uses
d. Complaints and Oppositions to Application/s

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2. Act on appeals on grant or denial of Locational Clearance by the Zoning


Administrator.
3. Act on appeals regarding the non-conformity of existing uses, buildings, or
structures to the applicable provisions of this Ordinance.
4. Decisions of the LZBA shall be carried by an absolute majority vote (50% + 1) of
its members.

Section 140. Appeals to LZBA Decisions

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.

Section 141. Composition of the LZBA

The LZBA shall be composed of the following members:

1. City Mayor as Chairman


2. SP Committee Chairperson on Land Use
3. City Legal Officer
4. City Assessor
5. City Engineer
6. City Planning and Development Coordinator (if other than the Zoning
Administrator)
7. City Community Environment and Natural Resources Officer
8. City Disaster Risk Reduction and Management Officer
9. Two (2) representatives of the private sector nominated by their respective
organizations
10. Two (2) representatives from non-government and civil society organizations
nominated by their respective organizations.

Private sector, non-government, and civil society organization representatives shall


serve for a period of two (2) years. Reappointment and any remuneration shall be
determined by the Sangguniang Panlungsod.

The City Planning and Development Office shall serve as the Secretariat to the
LZBA. The LZBA may invite resource persons in support of the performance of its functions.

Section 142. Collection of Fees

Pursuant to HLURB Resolution No. 912, Series of 2013, the following fees shall apply
for the application of a Locational Clearance.

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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.

Table 10. Schedule of Fees


Threshold Amounts (in Pesos) Fee (in Pesos)
A Single Residential Structure (attached or detached)
1 100,000 and below 288
2 Over 100,000 to 200,000 576
3 Over 200,000 720 + (1/10 of 1% of the cost in excess
of 200,000)
B Apartments / Townhouses
1 500,000 and below 1,440
2 Over 500,000 to 2,000,000 2,160
3 Over 2,000,000 3,600 + (1/10 of 1% of the cost in
excess of 2,000,000)
C Dormitories
1 2,000,000 and below 3,600
2 Over 2,000,000 3,600 + (1/10 of 1% of the cost in
excess of 2,000,000)
D Institutional
1 2,000,000 and below 2,880
2 Over 2,000,000 2,880 + (1/10 of 1% of the cost in
excess of 2,000,000)
E Commercial, Industrial, and Agro-Industrial
1 100,000 and below 1,440
2 Over 100,000 to 500,000 2,160
3 Over 500,000 to 1,000,000 2,880
4 Over 1,000,000 to 2,000,000 4,320
5 Over 2,000,000 7,200 + (1/10 of 1% of the cost in
excess of 2,000,000)
F Special Uses
1 2,000,000 and below 7,200
2 Over 2,000,000 7,200 + (1/10 of 1% of the cost in
excess of 2,000,000)
G Alteration / Expansion
Affected areas/costs only Same as the category for the original
application

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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.

Other fees shall be determined by the Sangguniang Panlungsod.

Section 143. Review of the Zoning Ordinance

The Local Zoning Review Committee (LZRC) is hereby created under the City
Development Council, to review the integrated ZO considering the CLUP, based on the
following reasons/ situations:

1. Updating/Revision of the CLUP,


2. Introduction of projects of national or local significance,
3. Force majeure events with city-wide land use implications,
4. Petition for re-zoning/re-classification with city-wide implications, and
5. Increasing number of applications/issuances invoking Variances and
Exceptions.

Mandatory review shall be conducted annually and interim reviews may be


conducted when the need arises.

Section 144. Composition of the Local Zoning Review Committee (LZRC)

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

1. Sangguniang Panlungsod Chairperson on Land Use


2. City Planning and Development Coordinator
3. City Zoning Administrator
4. City Assessor
5. City Legal Officer
6. City Engineer
7. City Community Environment and Natural Resources Officer
8. City Disaster Risk Reduction and Management Officer
9. City Agriculturist
10. Agrarian Reform Officer
11. President, Association of Barangay Captains
12. Three (3) Private Sector Representatives such as from Local Chamber of
Commerce, local housing industry, federation of homeowner’s associations,
and the academe
13. Two (2) non-government and civil society organization representatives

Private sector, non-government, and civil society organization representatives shall


serve for a period of two (2) years. Reappointment and any remuneration shall be
determined by the Sangguniang Panlungsod.

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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:

Table 11. Comparative Composition of the LZBA and LZRC


Person LZBA LZRC
City Mayor ✓
SP Committee Chairperson on Land ✓ ✓
Use
City Legal Officer ✓ ✓
City Assessor ✓ ✓
City Engineer ✓ ✓
City Planning and Development ✓ ✓
Coordinator
City Zoning Administrator X ✓
City Community Environment and ✓ ✓
Natural Resources Officer
City Disaster Risk Reduction and ✓ ✓
Management Officer
City Agriculturist ✓
Agrarian Reform Officer ✓
President, Association of Barangay ✓
Captains
Representatives of the private 2 3
sector nominated by their
respective organizations
Representatives from non- 2 2
government and civil society
organizations nominated by their
respective organizations

Section 145. Functions of the Local Zoning Review Committee (LZRC)

The Local Zoning Review Committee shall have the following functions:

1. Review the Zoning Ordinance for the following purposes:


a. Determine amendments or revisions necessary in the Zoning Ordinance
because of changes that might have been introduced in the
Comprehensive Land Use Plan.

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b. Recommend changes to be introduced in the Comprehensive Land Use


Plan and the Zoning Ordinance in the light of permits granted such as
variances and exceptions, and increasing applications for rezoning and
reclassification.
2. Recommend to the Sangguniang Panlungsod necessary legislative
amendments on the needed changes in the integrated ZO as a result of the
review conducted.
3. Coordinate with HLURB of the recommended changes to the integrated ZO as
a result of its review.

Section 146. Amendments to the Zoning Ordinance

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.

Section 147. Update of the Zoning Maps

Once all proposals have been finalized and all amendments have been duly
approved, the necessary changes shall be reflected on the Official Zoning Maps.

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ARTICLE XIII:
FINAL PROVISIONS

Section 148. Violation and Penalty

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.

Table 12. Schedule of Penalties


Violation Penalty
1 Unauthorized expansion or alteration A fine equivalent to 100% of the
any activity formerly covered by a prescribed application fee but
Certificate of Non-Conformance in no case shall be less than
P 2,000.00 or more than
P5,000.00
2 For committing fraud or PHP 5,000.00
misrepresentation as to use or location
3 For submission of forged or fake PHP 5,000.00
documents
4 Non-disclosure of any material fact PHP 1,000.00
5 First refusal of admission within any PHP 1,000.00
premises subject to inspection by a
duly-authorized inspector
6 Subsequent refusal of admission within PHP 5,000.00
any premises subject to inspection by
a duly-authorized inspector
7 For failing or refusing, without justifiable A fine of not more than
reason to appear in proceeding PHP 2,000.00
before the Office of the Zoning Official
or his/her duly authorized
representatives

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.

If the violation is committed by a corporation or partnership, the manager,


managing partner, director, officer, or any other person charged with the management
of such corporation or partnership shall be held criminally responsible therefor.

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Furthermore, any person or government official if found to have committed any


violation of this Zoning Ordinance, directly or indirectly, shall be held criminally responsible
as provided hereto for.

Section 149. Administrative Sanctions

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.

Section 150. Suppletory Effect of Other Laws and Decrees

The provisions of this Ordinance shall be without prejudice to the application of


other laws, presidential decrees, letters of instruction, and other executive or administrative
orders vesting national agencies with jurisdiction over specific land areas, which shall
remain in force and effect, provided that land use decisions of the national agencies
concerned shall be consistent with the Comprehensive Land Use Plan of the locality.

Section 151. Non-Diminution of National Standards

The rules and standards provided in this ZO shall conform to the rules and standards
provided by national agencies and shall not in any way diminish those that have been set
by national laws and regulations.

Section 152. Consistency Between National and Local Plans

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

Except as otherwise provided in the National Building Code, nothing herein


contained shall require any change in plans, construction, size, or designated use of any
building, structure, or part thereof for which a building permit has been duly granted prior
to the adoption of the ordinance, provided that:

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.

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Section 154. Funding

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.

Section 155. Separability Clause

Should any section or provision of this Ordinance be declared by the Courts to be


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

Section 156. Non-Retroactivity Clause

All laws relating to this Ordinance shall have no retroactive effect.

Section 157. Repealing Clause

All ordinances, rules, or regulations in conflict with the provisions of this Ordinance
are hereby repealed, provided that the rights that are vested upon the effectivity of this
Ordinance shall not be impaired.

Section 158. Transitory Provisions

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.

Section 159. Effectivity Clause

This Zoning Ordinance takes effect upon approval by the Sangguniang


Panlalawigan and after compliance with the publication requirements of the Local
Government Code.

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Approved this ___ day of ______________, 2018 in the City of Kabankalan.

Approved by:

Hon. Raul C. Rivera


City Vice-Mayor

Hon. Delia O. Anacan Hon. Jeffrey T. Tubola


Councilor Councilor

Hon. Jeorge M. Largado Hon. Miguel M. Zayco


Councilor Councilor

Hon. Ramon L. Cordova Hon. Roger M. Regalia


Councilor Councilor

Hon. Rey G. Cordero Hon. Celestino M. Dumaguete


Councilor Councilor

Hon. Valentino Miguel J. Alonso Hon. Jeanna C. Genizera


Councilor Councilor

Hon. Efren V. Gaspillo Hon. Joestarr B. Bandojo


Councilor Councilor

Attested by:

Ma. Virginia G. Española


Sangguniang Panlungsod Secretary

Approved by:

Hon. Isidro P. Zayco


City Mayor

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ANNEX A: DEFINITION OF TERMS

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.

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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.

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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).

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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

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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.

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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.

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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.

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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).

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88. Farmlot Subdivision – a planned community intended primarily for intensive


agricultural activities, and secondarily for housing. A planned community consists
of the provision for basic utilities, judicious allocation of areas, and good layout
based on sound planning principles (HLURB Resolution No. 750, Series of 2003).
89. Farm Tourism – the practice of attracting visitors and tourists to farm areas for
production, educational, and recreational purposes.
It involves any agricultural-or fishery-based operation or activity that brings
to a farm visitor, tourist, farmer, and fisherfolk who want to be educated and
trained on farming and its related activities, and provides a venue for outdoor
recreation and accessible family outings (R.A. 10816).
It is a form of tourism activity that is conducted in a rural farm area which
may include tending to farm animals, planting, harvesting, and processing of
farm products. It covers attractions, activities, services and amenities, as well as
other resources of the area to promote an appreciation of the local culture,
heritage, and traditions through personal contact with the local people (DOT,
2004).
90. Filling Station - a retail station servicing automobiles and other motor vehicles with
oil, diesel, gasoline, auto LPG, and electric charging.
91. Fish Pond – a land-based facility enclosed with earthen or stone material to
impound water for growing fish (Fisheries Code).
92. Floatels – are hotels on bodies of water.
93. Flood Overlay Zone (FLD-OZ) – an area in a city that has been identified as prone
to flooding and where specific regulations are provided in order to minimize its
potential negative effect to developments.
94. Food Security – refers to the policy objective, plan, and strategy of meeting the
food requirements of the present and future generations of Filipinos in substantial
quantity, ensuring the availability and affordability of food to all, either through
local production or importation, or both, based on the country's existing and
potential resource endowment and related production advantages, and
consistent with the over-all national development objectives and policies.
However, sufficiency in rice and white corn should be pursued (AFMA).
Food Security exists when all people, at all times, have physical and
economic access to sufficient, safe, and nutritious food that meets their dietary
needs and food preferences for an active and healthy life (FAO).
95. Food Self-Reliance – the ability to ensure adequate food supplies through a
combination of domestic production and importation (adapted from the
Fisheries Code).
96. Food Self-Sufficiency – the ability to ensure adequate food supplies from
domestic production (adapted from the Fisheries Code).
97. Forest – refers to either natural vegetation or plantation of crops mainly of trees,
or both, occupying a definable, uninterrupted, or contiguous area exceeding
but not less than one hectare with tree crown covering at least ten percent (10%)
of the areas, exclusive of the associated seedlings, saplings, palms, bamboos,
and other undercover vegetation. A natural forest is a stand dominated by trees
whose structure, functions, and dynamics have been largely the result of natural
succession process. (DENR DAO No. 99-53).
98. Forestlands – include the public forest, permanent forest, or forest reserves, and
forest reservations (P.D. 1559, further amending PD 705).

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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).

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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

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of the buildings, facilities, and amenities (HLURB Administrative Order 2, Series of


1992).
122. Inn – an establishment providing accommodation, food, and drinks on a daily
basis, usually for travelers.
123. Innovative Design – introduction or application of new or creative designs and
techniques in development projects e.g. Planned Unit Development.
124. Junk Shop – a shop used for the storage and sale of used automotive,
mechanical, electric, electronic, metal, and wooden products and parts.
125. Junk Yard - a lot or part thereof used primarily for the collection, storage, and sale
of scrap waste or discarded materials or for the collection, dismantling, storage,
and salvaging of used machinery or vehicles not in running condition and for the
sale of parts thereof.
126. Kaingin – shall refer to the slash and burn of vegetation to clear land for
agricultural purposes (R.A. 9125).
127. Karst – a terrain, generally underlain by limestone or dolomite, in which the
topography is chiefly formed by the dissolving of rock and which may be
characterized by sinkholes, sinking streams, closed depressions, subterranean
drainage, and caves (U.S. Geological Survey).
128. Key Biodiversity Area Overlay Zone (KBA-OZ) – an area in a city which are
determined to be globally significant sites for biodiversity conservation (DENR-
BMB, Conservation International Philippines, and Haribon Foundation for the
Conservation of Nature).
129. Land Use Plan – refers to the rational approach of allocating available resources
as equitably as possible among competing user groups and for different functions
consistent with the development plan of a city (adapted from R.A. 7279)
130. Landslide Overlay Zone (LSD-OZ) – an area in a city that have been identified as
highly susceptible to landslides and where specific regulations are provided in
order to minimize its potential negative effect to developments.
131. Linear Park – a long and narrow park at least three (3) meters wide.
132. Local Zoning Board of Appeals (LZBA) – a local special body created by virtue of
this Ordinance mandated to, among others, handle appeals for Variances and
Exceptions.
133. Locational Clearance (LC) – a clearance issued by the Zoning Administrator to a
project that is allowed under the provisions of this Ordinance.
134. Locational Clearance (Variance) – a clearance issued by the LZBA to a project
that is allowed under the Mitigating Device/Variance provision of this Ordinance.
135. Locational Clearance (Exception) – a clearance issued by the LZBA to a project
that is allowed under the Mitigating Device/Exception provision of this Ordinance.
136. Lodge (or Lodging House) – any building or portion thereof, containing no more
than five (5) guest rooms which are used by not more than five (5) guests where
rent is paid in money, goods, labor, or otherwise.
137. Lot – a parcel of land on which a principal building and its accessories are
situated or may be situated, together with required open spaces.
138. Mangrove Sub-Zone (Mn-SZ) – an area in the Municipal Waters Zone of a city
defined as a community of intertidal plants including all species of trees, shrubs,
vines, and herbs found on coasts, swamps, or border of swamps (Fisheries Code).
139. Manufacturing – an industry which involves the chemical or mechanical
transformation of organic or inorganic products.

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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”).

• Satellite Market / Talipapa – refers to a place on a government or private


lot with less than 150 stalls and minimal required facilities operated by
individuals or associations where wet and dry commodities are sold by
vendors or hawkers.
• Supermarket – a market distinct from a wet or dry market and larger than a
grocery in which shoppers serve themselves by using baskets or pushcarts
in selecting commodities from shelves or cold storage and pay their
purchase at the exit.
• Wet Market – a market where most of the merchandise displayed for sale
are wet goods or perishable food.
• Dry Market – a market where most of the merchandise displayed for sale
are dry goods.
• Flea Market / Tiangge – refers to a place where only dry goods are sold with
minimal required facilities.
141. Maternity/Lying-in Clinic – a place devoted primarily to obstetrical and
gynecological services and where there are less than six (6) installed beds for the
24-hour use by patients.
142. Mausoleum – a sepulchral chapel located within a cemetery or memorial park
that contains tombs.
143. Maximum Allowable Percentage of Site Occupancy – the area of ground
coverage of Allowable Maximum Building Footprint (NBC).
144. Memorial / Shrine / Monument – an area devoted to a person, event, or place or
has aesthetic, historic, or cultural significance.
145. Memorial Park – refers to a privately-owned cemetery with well-kept landscaped
lawns and wide roadways and footpaths separating the areas assigned for
ground interment, tombs, mausoleums, and columbaria; with or without a
mortuary chapel; and provided with a systematic supervision and maintenance
and where park-like atmosphere is its outstanding quality.
146. Micro, Small, and Medium-Sized Enterprises (MSMEs) – defined as any business
activity or enterprise engaged in industry, agribusiness, and/or services, whether
single proprietorship, cooperative, partnership, or corporation whose total assets,
inclusive of those arising from loans but exclusive of the land on which the
particular business entity's office, plant, and equipment are situated, must have
value falling under the following categories:
• Micro: not more than PHP 3,000,000
• Small: PHP 3,000,001 - 15,000,000
• Medium: PHP 15,000,001 – PHP 100,000,000 (R.A. 9501).

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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;

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• 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.

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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,

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hypermarket, general merchandise store, department store, discount


department store, or cinema (International Council of Shopping Centers).
183. Resort – any place with a pleasant environment and atmosphere conducive to
comfort and healthful relaxation and rest, offering food, sleeping
accommodation, and recreational facilities to the public for a fee or
remuneration.
184. Restaurant (and other eateries) – a retail establishment primarily engaged in the
sale of prepared food and drinks for consumption in the premises.
185. Rezoning – a process of introducing amendments to or change in the existing
zoning of a particular area and reflected in the text and maps of the Ordinance.
186. Ringelmann Smoke Chart – a printed or photographically reproduced series of
four shades of gray by which density of smoke emissions from incinerators or other
smoke stacks may be estimated. A clear stack is recorded as 0 while a 100% black
smoke is recorded as No. 5.
187. Rowhouse (or Accessoria) - a house of not more than two (2) storeys, composed
of a row of dwelling units entirely separate from one another by party wall or walls
and with an independent entrance for each unit.
188. Sanitary Landfill – shall refer to a waste disposal site designed, constructed,
operated, and maintained in a manner that exerts engineering control over
significant potential environmental impacts arising from the development and
operation of the facility (R.A. 9003).
189. Scenic Corridor Overlay Zone (SCD-OZ) –an area in a city that have high scenic
vistas and where specific regulations are provided in order to ensure that these
vistas are preserved for the enjoyment of the general public.
190. Servant’s Quarters – a room within the dwelling or in an accessory building where
servants, maids, drivers, gardeners, and other helpers of the family are housed.
191. Service Station – a building and its premises where diesel, gasoline, oil, auto LPG,
automobile charging, grease, batteries, tires, and cars accessories may be
supplied and dispensed at retail and where, in addition, the following services
may be rendered and sales made among others:
a. Sale and servicing of spark plugs, batteries and distributor parts;
b. Tire servicing and repair, but not recapping or re-grooving;
c. Placement of mufflers and tall pipes, water hose, fan belts, brake fluids light
bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades,
grease, retainers, wheel bearing mirrors and the like;
d. Radiator cleansing/flushing;
e. Washing and polishing, and sale of automotive washing and polishing
materials;
f. Greasing and lubrications;
g. Emergency wiring repairs;
h. Minor servicing of carburetors;
i. Adjusting and repairing brakes;
j. Minor motor adjustments not involving removal of the head or crankcase,
or raising the motor;
k. Sales of soft drinks, packaged goods, tobacco and similar convenient
goods for service station customers as accessory and incidental to the
principal operators;
l. Provision of roads maps and other informational materials to customers; and
m. Provision of rest rooms facilities.

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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.

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200. Speleothem – means any natural mineral formation or deposit occurring in a


cave or lava tube, including but not limited to any stalactite, stalagmite, helictite,
cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or
mud.
201. Store – a building or structure devoted exclusively to the retail sale of a
commodity or commodities.
202. Strategic Agriculture and Fisheries Development Zone (SAFDZ) – refers to areas
within the NPAAAD identified for production, agro-processing, and marketing
activities to help develop and modernize, with the support of government, the
agriculture and fisheries sectors in an environmentally and socio-culturally sound
manner (AFMA).
203. Super-Regional Shopping Center – a larger-scale version of a Regional Shopping
Center with a greater variety of fashion and entertainment/leisure choices.
Typical anchor tenants include supermarket, hypermarket, general merchandise
store, department store, cinema, or major entertainment/leisure (International
Council of Shopping Centers).
204. Theater – a structure used for dramatic, operatic, motion picture, and other
performance for admission for which entrance fee is received and no audience
participation and meal services are allowed.
205. Tourist Cabins - a group of buildings, including either separate cabins or a row of
cabins which contain living and sleeping accommodations for transient
occupancy and have individual entrances.
206. Tourist Homes - a dwelling in which overnight accommodation are provided or
offered for transient guests for compensation.
207. Townhouse – an independent dwelling unit on an independent lot, which is
attached to a similar dwelling on adjacent lots at both sides. The attachment is
made along two common or party walls that are jointly-owned and extended
beyond the rooflines. Built for one-family occupancy, a townhouse is owner
occupied.
208. Transit Hotel – these are deluxe to luxury hotels located near or within the airport
complex where guests can stay for a few hours before boarding flights.
209. Unpaved Surface Area (USA) – true open space which should be of exposed soil
and planted.
210. Urban Corridor Overlay Zone (UCD-OZ) - an area in a city which are along major
transport routes and where specific regulations are provided that is intended to
minimize roadside friction, maintain pedestrian walkways, etc.
211. Unpaved Surface Area – true open space which should be of exposed soil and
planted (NBC).
212. Utilities, Transportation, and Services Zone (UTS-Z) – an area in a city designated
for a range of utilitarian/functional uses or occupancies, characterized mainly as
a low-rise or medium-rise building/structure for low to high intensity community
support functions, e.g. terminals, inter-modals, multi-modals, depots, power and
water generation/distribution facilities, telecommunication facilities,
drainage/wastewater and sewerage facilities, solid waste handling facilities and
the like (NBC).
213. Variance – a device which grants a property owner relief from certain provisions
of the Zoning Ordinance where, because of the particular physical surrounding,
shape or topographical condition of the property, compliance on applicable
Building Bulk and Density Regulations, Building Design Regulations and

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Performance Standards would result in a particular hardship upon the owner, as


distinguished from a mere inconvenience or a desire to make more money
(compare with Exception).
214. Videoke/Karaoke Bar/KTV – a place furnished with sing-a-long equipment and
where food and drinks are served to its patrons.
215. Warehouse – any building, the primary purpose of which is the storage of goods,
wares, merchandise, utilities, or personal belongings. Warehouses are classified
as follows:
• Self-storage – this type of warehouse is divided into smaller units that can be
rented individually (e.g. storage for personal belongings).
• Market-oriented – this is designed to collect the products of one or more
manufacturers in or near the market served before shipping the goods short
distance to customers
• Factory-oriented – this type of warehouse serves two purposes: (1) storage
of raw materials and fabricated parts until they are needed for
manufacture and (2) distribution center for finished products
• Distribution Center – a compromise between market-oriented and factory
oriented. It contains goods on move. The objective is to efficiently move
large quantities of products into the warehouse and customized orders of
products out of the warehouse
• Bulk Storage – provides tank storage of bulk liquids such as chemicals, oil
syrups, and molasses. Their services may include filling drums and bulk or
mixing on type of chemicals with others to provide new compounds and
mixtures.
• Special Commodity – provides storage for commodities needing special
treatment such as perishable goods, grains, cement, chemicals, and many
other items requiring controlled temperatures.
• Container Yard/Container Freight Station (CY/CFS) – this is designed for the
storage of container/containerized cargo(es); and extension for the
customs zone.
216. Wildlife Rescue Center – refers to an establishment where sick, injured, or
confiscated wildlife are temporarily kept and rehabilitated prior to their release
to their natural habitat based on the disposition of the government (DA, 2015).
217. Yard – as defined in the National Building Code, this is the required open space
left between the outermost face of the building/ structure and the property lines,
e.g. front, rear, right and left side yards. The width of the yard is the setback.
218. Zone – an area within a city for specific land use as defined by manmade or
natural boundaries.
219. Zone Regulation - the implementation of planning regulations, including land use
zoning, development intensity, and building height stipulated for specific sites in
the zoning maps.
220. Zoning – the demarcation of a community into zones and established regulations
to govern the use of the land (commercial, industrial, residential, etc.) and the
location, bulk, height, shape, use and coverage of structure within each zone.
221. Zoning Administrator – a city government employee responsible for the
implementation/enforcement of the Zoning Ordinance.
222. Zoning Permit – see Locational Clearance.

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ANNEX B: COMPLETE PROCESS FLOW

Figure 6. Complete Process Flow for New Projects

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ANNEX C: LOCAL CONSERVATION AREA MAP

Map 1. Local Conservation Area Map

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ANNEX D: OFFICIAL ZONING MAPS

Table 13. Zoning Map Color Codes


Zoning Map RGB Color
Zoning Classification
Code Color Code
1 Forest Reserve Sub-Zone FR-SZ 0, 100, 0
2 Civil Reservation Sub-Zone CR-SZ 0, 100, 0
3 Special Use Sub-Zone SU-SZ 0, 90, 0
4 Protection Agricultural Sub-Zone PTA-SZ 0, 150, 0
5 Production Agricultural Sub-Zone PDA-SZ 0, 150, 0
6 Mangrove Sub-Zone Mn-SZ 175, 200, 225
7 Rivers and Creeks Sub-Zone RC-SZ 175, 200, 225
8 Aquaculture Sub-Zone Aq-SZ 175, 200, 225
9 Municipal Fishing Sub-Zone MF-SZ 151, 219, 242
10 General Residential Zone GR-Z 255, 255, 0
11 Socialized Housing Zone SHZ 255, 255, 0
12 Commercial-1 Zone C1-Z 255, 127, 127
13 Commercial-2 Zone C2-Z 255, 0, 0
14 Commercial-3 Zone C3-Z 201, 0, 0
15 Industrial-1 Zone I1-Z 179, 74, 200
16 Industrial-2 Zone I2-Z 150, 0, 200
17 Industrial-3 Zone I3-Z 97, 0, 68
18 General Institutional Zone GI-Z 0, 0, 255
19 Parks and Recreation Zone PR-Z 100, 225, 100
20 Cemetery/Memorial Park Zone C/MP-Z 100, 225, 100
21 Utilities, Transportation, and Services Zone UTS-Z 190, 190, 190
22 Planned Unit Development Zone PUD-Z 255, 192, 203
23 Flood Overlay Zone FLD-OZ 190, 255, 232

24 Landslide Overlay Zone LSD-OZ 255, 127, 127

25 Karst Subsidence Overlay Zone KSS-OZ 209, 255, 115

26 Ancestral Domain Overlay Zone AD-OZ 255, 255, 115

27 Key Biodiversity Area Overlay Zone KBA-OZ 76, 230, 0

28 Coastal Wetlands Conservation Area CWC- 0, 112, 255


Overlay Zone OZ
29 Ecotourism Overlay Zone ETM-OZ 255. 170. 0

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Zoning Map RGB Color


Zoning Classification
Code Color Code
30 Scenic Corridor Overlay Zone SCD-OZ 197, 0, 255

31 Urban Corridor Overlay Zone*


32 Airport Overlay Zone APT-OZ 255, 255, 255
* Not shown on the maps. Delineation is solely based on the description in this Ordinance.

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Map 2: General Zoning Map (2018-2027)

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Map 3: Urban Zoning Map (2018-2027)

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Map 4: General Zoning Map with Overlay Zones (2018-2027)

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Map 5: Urban Zoning Map with Overlay Zones (2018-2027)

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ANNEX E: SUPPLEMENTARY ZONING MAPS

Map 6. Water Zoning Map

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Map 7. Water Zoning Map with Overlay Zones

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Map 8. Water Zoning Map (Overlay Zones Only)

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Map 9. General Zoning Map (Overlay Zones Only)

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Map 10. Urban Zoning Map (Overlay Zones Only)

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Map 11. Zoning Map of Barangay 1

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Map 12. Zoning Map of Barangay 1 with Overlay Zones

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Map 13. Zoning Map of Barangay 2

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Map 14. Zoning Map of Barangay 2 with Overlay Zones

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Map 15. Zoning Map of Barangay 3

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Map 16. Zoning Map of Barangay 3 with Overlay Zones

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Map 17. Zoning Map of Barangay 4

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Map 18. Zoning Map of Barangay 4 with Overlay Zones

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Map 19. Zoning Map of Barangay 5

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Map 20. Zoning Map of Barangay 5 with Overlay Zones

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Map 21. Zoning Map of Barangay 6

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Map 22. Zoning Map of Barangay 6 with Overlay Zones

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Map 23. Zoning Map of Barangay 7

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Map 24. Zoning Map of Barangay 7 with Overlay Zones

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Map 25. Zoning Map of Barangay 8

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Map 26. Zoning Map of Barangay 8 with Overlay Zones

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Map 27. Zoning Map of Barangay 9

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Map 28. Zoning Map of Barangay 9 with Overlay Zones

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Map 29. Zoning Map of Barangay Bantayan

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Map 30. Zoning Map of Barangay Bantayan with Overlay Zones

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Map 31. Zoning Map of Barangay Binicuil

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Map 32. Zoning Map of Barangay Binicuil with Overlay Zones

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Map 33. Zoning Map of Barangay Camansi

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Map 34. Zoning Map of Barangay Camansi with Overlay Zones

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Map 35. Zoning Map of Barangay Camingawan

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Map 36. Zoning Map of Barangay Camingawan with Overlay Zones

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Map 37. Zoning Map of Barangay Camugao

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Map 38. Zoning Map of Barangay Camugao with Overlay Zones

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Map 39. Zoning Map of Barangay Carol-an

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Map 40. Zoning Map of Barangay Carol-an with Overlay Zones

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Map 41. Zoning Map of Barangay Daan Banua

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Map 42. Zoning Map of Barangay Daan Banwa with Overlay Zones

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Map 43. Zoning Map of Barangay Hilamonan

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Map 44. Zoning Map of Barangay Hilamonan with Overlay Zones

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Map 45. Zoning Map of Barangay Inapoy

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Map 46. Zoning Map of Barangay Inapoy with Overlay Zones

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Map 47. Zoning Map of Barangay Linao

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Map 48. Zoning Map of Barangay Linao with Overlay Zones

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Map 49. Zoning Map of Barangay Locotan

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Map 50. Zoning Map of Barangay Locotan with Overlay Zones

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Map 51. Zoning Map of Barangay Magballo

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Map 52. Zoning Map of Barangay Magballo with Overlay Zones

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Map 53. Zoning Map of Barangay Oringao

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Map 54. Zoning Map of Barangay Oringao with Overlay Zones

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Map 55. Zoning Map of Barangay Orong

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Map 56. Zoning Map of Barangay Orong with Overlay Zones

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Map 57. Zoning Map of Barangay Pinaguinpinan

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Map 58. Zoning Map of Barangay Pinaguinpinan with Overlay Zones

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Map 59. Zoning Map of Barangay Salong

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Map 60. Zoning Map of Barangay Salong with Overlay Zones

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Map 61. Zoning Map of Barangay Tabugon

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Map 62. Zoning Map of Barangay Tabugon with Overlay Zones

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Map 63. Zoning Map of Barangay Tagoc

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Map 64. Zoning Map of Barangay Tagoc with Overlay Zones

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Map 65. Zoning Map of Barangay Tagukon

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Map 66. Zoning Map of Barangay Tagukon with Overlay Zones

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Map 67. Zoning Map of Barangay Talubangi

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Map 68. Zoning Map of Barangay Talubangi with Overlay Zones

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Map 69. Zoning Map of Barangay Tampalon

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Map 70. Zoning Map of Barangay Tampalon with Overlay Zones

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Map 71. Zoning Map of Barangay Tan-awan

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Map 72. Zoning Map of Barangay Tan-Awan with Overlay Zones

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Map 73. Zoning Map of Barangay Tapi

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Map 74. Zoning Map of Barangay Tapi with Overlay Zones

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