EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF MARIBOJOC, PROVINCE OF BOHOL HELD ON THE 26th DAY OF OCTOBER , 2001 AT THE MUNICIPAL SESSION HALL , MARIBOJOC , BOHOL.
ADOPTING A COMPREHENSIVE ZONING REGULATIONS FOR THE MUNICIPALITY OF MARIBOJOC, PROVINCE OF BOHOL, PROVIDING FOR THE ADMINISTRATION , ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT THEREWITH.
Sponsored by : Mass Motion
Be it ordained by the Sangguniang Bayan of Maribojoc, Province of Bohol.
Whereas, the Housing and Land Use Regulatory Board, has spearheaded and now assists in and coordinates the activities of the Local Governments in comprehensive Land Use Planning ;
Whereas, the implementation of Comprehensive Land Use Plans would require the enactment of regulatory measures to translate its planning goals and objectives in top reality ;
Whereas, a Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the Comprehensive Land Use Plan :
Now Therefore , the Sangguniang Bayan of the Municipality of Maribojoc, Province of Bohol, in a session duly assembled hereby adopts the following Zoning Ordinance.
Title of the Ordinance
Section 1. Title of the Ordinance : This ordinance shall be known as the Comprehensive Zoning Ordinance of the Municipality of Maribojoc and shall be referred to as the Ordinance.
Authority and Purpose
Section 2. Authority : This ordinance is enacted pursuant to the provision of the New Local Code, R. A. 7160, Section 458 a.2 ( 7- 9 ) dated 10 October, 1991 “ Authorizing the Municipality through the Sangguniang Bayan to adopt this Zoning Ordinance subject to the provisions of existing laws “ and in conformity with Executive Order No. 204, series of 2000.
Section 3. Purpose: This ordinance is enacted for the following purposes :
1. To provide a guide, control and regulate the future growth and developments in the Municipality of Maribojoc , Bohol pursuant to the adopted CLUP of this coastal town.
2. To ensure the stability of residential, institutional, agricultural, parks and open spaces and other functional areas in the municipality in order to promote beneficial development of the town.
3. To establish policies and proposals for the strategic areas wherein the infrastructure projects and public utility system will be established.
4. To identify the proposed area for housing development and economic enterprises in order to prevent undue concentration of growing population and properties.
5. To promote and protect health, safety, peace, comfort, convenience and the general welfare of the inhabitants in the locality.
6. To provide adequate light, air, privacy and convenience of access to property.
7. To provide an efficient settlement pattern for better access to basic services and prevent population, habitation and high risk activities from taking place in environmentally critical areas,
8. To influence the public and private sectors in the proper use, management and disposition of land.
Section 4. General Zoning Principle : This zoning ordinance is based on the approved Comprehensive Land Use Plans as per Resolution No. 31, Series of 2001, dated May 7, 2001 for the Municipality of Maribojoc,
Definition of Terms
The definition of technical terms used in the zoning ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the Building Code, Water Code, Philippine Environmental code and other Implementing Rules and Regulations, promulgated by the HLURB. The words, terms and phrases enumerated hereunder shall be understood to have the meaning corresponding indicated as follows :
1. Agricultural Zone ( AG Z ) – an area within a city or municipality intended
for cultivation / fishing and pastoral activities e.g. fish, farming, cultivation of crops, goat, cattle raising , etc.
2. HLURB / BOARD : – Shall mean the Housing and Land Use Regulatory
3. Buffer Area : These are yards , parks or open spaces intended to separate incompatible elements or uses to control pollution / nuisance and for identifying and defining development areas or zones where no permanent structure are allowed.
4. Built – Up Area : – a contiguous grouping of ten ( 10 ) or more structures.
5. Central Business District : – shall refer to areas designated principally for trade, services and business purposes ( Commercial zone )
6. Certificate of None Conformance : _ Certificate issued to owners of all existing prior to the approval of the zoning ordinance which do not conform in a zone as per provision of the said ordinance.
7. Compatible use : – uses or land activities capable of existing together harmoniously e.g. residential use and parks and playground.
8. Comprehensive Land Use Plan ( CLUP ) – a document embodying specific proposals for guiding, regulating growth and / or developments. The main components of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e. demography, Socio – Economic, Infrastructure and Utilities, Local Administration and Land Use.
9. Conflicting Uses : – Uses or land activities with contrasting characteristics sited adjacent to each other e. g. residential units adjacent to industrial plants.
10. Conforming Use: – a use which is in accordance with the zone classification as provided for in the ordinance.
11. Easement : – open spaces imposed on any land use / activities sited along waterways, road right- of – ways , cemeteries/ memorial parks and utilities.
12. Environmentally Critical Areas : – refers to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981
13. Environmentally Critical Projects : – refers to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981.
14. Exception : – a device which grants a property owner relief from certain provisions of Zoning Ordinance where because of the specific use would result in a mere inconvenience or a desire to make more money.
15. Floor Area Ratio or “ FAR “ – is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. The gross floor area of any building should not exceed the prescribed floor area ratio ( FAR ) multiplied by the lot area. The FAR of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.
16. Forest Zone : ( F Z ) – an area within a city or municipality intended primarily for forest purposes.
17. General Commercial Zone ( G C Z ) – an area within a city / municipality for trading / services / business purposes.
18. General Institutional Zone ( G I Z ) – an area within a city or municipality principally for general types of institutional establishments e. g. government offices, schools, hospitals/ clinics, academic/ research, convention centers.
19. General Residential Zone : ( G R Z ) – an area within a city or municipality principally for dwelling / housing purposes.
20. General Zoning Map : a duly authenticated map delineating the different zones in which the whole city / municipality is divided.
21. Gross Floor Area ( G F A ) – the G F A of a building is the total floor space within the perimeter of the permanent external building walls, occupied by :
Office areas ;
Residential areas ;
Vertical Penetration, which shall mean stairs, fire escapes, elevators shafts, flues, pipe shifts, 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 area used for parking and driveways, including vertical penetration in parking floors where no residential or office units are present;
Uncovered areas for AC cooling towers, overhead water tanks , roof decks, laundry areas and cages, wading or swimming pools , whirpools or Jacuzzis, gardens courts or plazas.
22. Heavy Industrial Zone ( 1- 3 ) – a subdivision of an area principally for the following types of industries :
a.) Highly Pollutive /Non- Hazardous
b.) Highly Pollutive / Hazardous
c.) Highly Pollutive / Extremely Hazardous
d.) Pollutive / Extremely Hazardous
e.) Non – Pollutive / Extremely Hazardous
23. Innovative Design : Introduction and / or application of new / creative
designs and techniques in development projects e. g. Planned Unit Development ( P U D ) , Newtown, etc.
24. Light Industrial Zone ( I – 1 ) – a subdivision of an area principally for the following types of industries :
a. ) __ Non – Pollutive / Non – Hazardous
b. ) __ Non – Pollutive/ Hazardous
25. Locational Clearance : – a clearance issued to a project that is allowed under the provisions of this zoning Ordinances as well as other standards, rules and regulations on land use.
26. Low Density Commercial Zone : ( C – 1 ) – an area within a city municipality or municipality for trade, services and business activities ordinarily referred to us the Central Business District.
27. Low Density Residential Zone : ( R – 1 ) – an area within a city or municipality or munucipality principally for dwelling / housing purposes with a density of 20 dwelling units and below per hectare.
28. Medium Density Commeercial Zone ( C- 2 ) – an area within a city or municipality with quasi – trade business activities and services industries performing complementary / supplementary functions to principally commercial zone ( CBD )
29. Medium Density Residential Zone ( R – 2 ) – an area within a city or municipality principally for dwelling / housing purposes with a density of 21 to 65 dwelling units per hectare.
30. Medium Industrial Zone ( 1- 2 ) an area within a municipality for the following type of industries :
a. ) ___ Pollutive / Non- Hazardous
b. ) ___ Pollutive / Hazardous
31. Mitigating Device : – a means to grant relief in complying with certain
provisions of the ordinance.
32. Non – conforming Use : existing non – conforming uses / establishments in an area allowed to operate inspite of the non- conformity to the provisions of the ordinance subject to the conditions stipulated in this zoning ordinance.
33. Parks and Recreation Zone ( PUD ) – an area designed for diversion /
Amusements and for the maintenance of ecological balance of the community.
34. Rezoning : – a process of introducing amendments to or a change in the text and maps of the zoning ordinance. It also includes amendments or change in view of reclassification under section 20 of R. A. 7160.
35. Socialized Housing Zone : ( SHZ ) – shall be used principally for socialized Housing / Dwelling purposes for the underprivileged and homeless as defined in R.A.7279.
36. Tourist Zones : ( T. Z. ) – are sites municipalities endowed with natural or manmade physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.
37. Urban Area: ( S ) – include all barangays or portion of which comprising the Poblacion , Central Business District ( CBD ) and other Built – up areas including urbanizable land in and adjacent to said areas and where at least more than fifty percent ( 50 % ) of the population are engaged in non –agricultural activities. CBD shall refer to the areas designed principally for trade, services and business purposes.
38. Urban Zoning Map : a duly authenticated map delineating the different zones into which the urban area and its expansion area are divided.
39. Urbanizable Land : An area designed as suitable for urban expansion by virtue of land use studies conducted.
40. Variance : a Special Locational Clearance which grants a property owner relief from certain provisions of zoning Ordinance where , because of the particular , physical surrounding , shape or topographical conditions of the property compliance on height area , setback and / or density would result in particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
41. Warehouse : refers to a storage and / or depository of those in business of performing warehouse services for others , for profit.
42. Water zone : ( WZ ) – are bodies of water within cities and municipalities which includes rivers , streams , lakes and seas except those included in other zone classification.
43. Zone / District : – an area within a city or municipality for specific land use as defined by manmade or natural boundaries.
44. Zoning Administrator / Zoning Officer : – a municipal / city government employee responsible for the implementation / enforcement of the zoning ordinance in a community.
45. Zoning Ordinance : – a local legal measure which embodies regulations affecting land use.
Section 5. Division Into Zone or Districts: To effectively carry out the provision of this ordinance, the municipality is hereby divided into the following zones or districts map of the municipality and made an integral part hereof :
1. Built Up Zone
2. Industrial Zone
3. Agricultural Zone
4. Pasture Land Zone
5. Agro-Forest Zone
7. Utility Zone
8. Mangroves / Protected Areas ( Sanctuaries )
4. Parks / Playground and Open Spaces
5. Special Economic Zone
Section 6. Zoning Maps: It is hereby adopted as an integral part of this ordinance, The official Zoning Maps for urban areas and for the whole community ( general ) duly prepared by the Municipal Planning and DevelopmentStaff, wherein the destination, location and boundaries of the districts orZones herein established are shower and indicated. Such Official ZoningMaps shall be signed by the Local Chief Executive and authenticated by the HLURB.
The Urban Zoning Maps shall be drawn to the scale 1: 80,000 and
the General Zoning Map shall be drawn to the scale of 1: 80,000.
In case of loss , damage and / or destruction of the Zoning Maps, the Sangguniang Bayan shall request the Housing and Land Use Regulatory Board for an authenticated copy of said zoning maps upon payment of appropriate fees.
The Sangguniang Bayan may likewise adopt a new zoning Map in accordance with the requirements of Section 6 and 7.
Section 7. Zone Boundaries : Boundaries and location of such district shall be contained within the specified units as shown in the Official Zoning Map and shall be strictly observed by the Zoning Administrator. Where public boundaries are impossible or difficult to describe due to absence of natural boundaries ( i.e. road , rivers , creeks , etc. ) zone locations are presented by stating the barangay where they are located.
A. General Zoning
1.  Built – Up – more or less 728. 8has. Or 7.5 % of the
whole municipality are proposed for Built – Up
development . It encompasses the Urban Areas for
Built Up expansion.
2.  Industrial – This is proposed in Barangay Lincod, San
Vicente, Aliguay, Bayacabac, Dipatlong and Bood.
3.  Agricultural – all lands with 0-8 % slopes are
proposed for agricultural cultivation.
4.  Agro – Forest or Production Forest – are proposed
to all lands with 18-30 % slopes. These lands could be
cultivated to fruit trees and intercropped with root
crops, vegetables and legumes to have diversity of
products thereby increasing agricultural production for
5.  Pasture Lands – all lands with 8-18% slopes are
proposed for Pasture or Grazing Lands.
6.  Protection Forest – all lands with slopes ranging
from 30-50 % and above are proposed as Protection
7.  Tourism – places potential for tourism developments
is the tiny island of Tintinan. The Punta Cruz Watch
tower of Barangay Punta Cruz is already a tourist
destination. The potential tourist destinations in the
planning area of Maribojoc are the following , to wit:
a.) Maribojoc church and Museum–Poblacion
b.) Padhan Shrine and Cave – Bood
c.) Cangka-ay mountain peak –Candavid
d.) Candelaria forest – Pagnitoan
e.) River Cruise from Abatan to Busao river
f.) Lagtangon, Guiwanon to Punta Cruz beaches
g.) Bolocboloc spring –Kayaman, Jandig
h.) Tan-awan mountain peak
8.  Protected Areas in the Lowlands ( Mangroves andFish Sanctuaries .) These are located in the coastal barangays of Dipatlong, Bood, Lagtangon, Guiwanon, Punta Cruz, Anislag, San Vicente,Lincod, Cabawan, Agahay, Busao and Bayacabac.
9  Fish Sanctuaries – in Punta Cruz Maraag and Puwahan Lat-ason areas of Lagtangon and San Vicente all coastal barangays be protected by placing demarcation lines in these areas.
10.  Utility ( Dumping Site ) – this is proposed in Dipatlong, San Vicente, Lincod and Aliguay areas.
B. Urban Zoning
The Barangays of Poblacion, Lincod and Cabawan are declared urban areas / zones in the municipality. The three barangays have a total land area of 655.36 hectares or 12.29% of the whole municipal land area . The urban zone is shown in the Official Urban Zoning Map. The urban area is shown on the scaled Urban Zoning Map which could be measured by using the “ scale “ indicated therein. It is generally accepted rule that the scale measurements on the map has been presumed to be equally the same as the ground measurement with the general assumption that regardless of ground contours / relief, the ground is flat and parallel to the sea level as appeared in the map.
The following are the Zones and Boundaries :
1. RESIDENTIAL :
Block No. 1 – Bounded by the following :
Sta. Cruz Street
Block No. 2 – Bounded by the following :
National Highway to Dipatlong
Block No. 4 – Bounded by the following :
Barnido Street ( both sides ) New
Campos Street ( both sides ) Pob.
Block No. 5 – Bounded by the following :
Block No. 6 – Bounded by the following :
Bañanola Street – from corner
Forinas St. to road
Leading to Kayaman
Nalzaro Street – right side
Block No. 7 – Bounded by the following :
20 meters from Romea Street
to Bañanola Street corner Redulla St.
Block No. 8 – Bounded by the following :
Block No. 9 – Bounded by the following : Redulla Street
Sta. Cruz Street
Block No. 10 – Bounded by the following :
Sta. Cruz Street
Block No. 11 – Bounded by the following :
Block No. 12 – Bounded by the following :
Block No. 13 – Bounded by the following :
Forinas Street to Dr. Abundio
Echavez Street and the whole
of Cambacwag area.
Block No. 14 – Bounded by the following :
Pantalan Wharf road ( both sides )
Block No. 16 – Bounded by the following :
San Vicente Street
Sta. Cruz Street
Block No. 17 – Bounded by the following :
San Vicente Street
Sta. Cruz Street
Block No. 18 – Bounded by the following :
20 meters from corner
Redulla St. and Sta. Cruz St.
20 meters = Redulla St. to Echaves Street
Block No. 19 – Bounded by the following :
20 meters from Sta. Cruz St.-
San Vicente St. corner San
Vicente St. – Descallar St.
Block No. 20 – Bounded by the following :
30 meters corner San Vicente
St. , Sta. Cruz St.
Block No. 21 – Bounded by the following :
20 meters – Sta. Cruz to San Vicente St.
Block No. 22 – Bounded by the following :
Corner Forinas Street, San Vicente Street
up to Abatan, Lincod both sides of the
National road 50 meters to inside portion
of both areas.
Block No. 3 – Bounded by the following :
Sta. Cruz Street
Block No. 14 – Bounded by the following :
1V. PARKS AND PLAYGROUND :
Block No. 23 – Bounded by the following :
Bendijo Street ( South )
Block No. 24 – Bounded by the following :
Sta. Cruz Street
St. Vincent Institute building
Block No. 25 – Bounded by the following :
National Highway ( at the back of
Maribojoc Central School- Anislag )
Anislag Barangay Hall vicinity
Residences of Anislag to Punsod road
Block No. 26 – Bounded by the following :
Punta Cruz Watch tower vicinity
Punta Cruz Bay Resort, Residences of
lower Punta Cruz Sea Water
V. Economic Zone =
Block No. 27 – Proposed site of Bohol Quality, Poultry /
Piggery Farms at San Roque Toril
Block No. 28 – Maribojoc Prawns Farms – Lincod
Section 8. Interpretation of the Zone Boundary : – In the interpretation of the Boundaries for any of the zones indicated on the Zoning Map , the following rules shall apply :
1. Where zone boundaries are so indicated that they approximately follow the center of the streets or highway, the street or highway right- of –way lines, shall be construed to be boundaries.
2. Where zone boundaries are so indicated that they are approximately follow the lot lines such lot lines shall be construed to be the boundaries.
3. Where zone boundaries are so indicated that they are so indicated that they area approximately parallel to the center lines or right- of – way lines of street and highways , such zone boundaries shall be construed as being parallel thereto and at such distance there from as indicated in the zoning map, if no distance is given, such dimension shall be determined by the use of scale shown in said zoning map.
4. Where the boundary of a zone follows approximately a railroad line, such boundary shall be deemed to be the railroad right-of-way.
5. Where the boundary of a zone follows a stream, like or other bodies of water, said boundary line shall 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.
Specific uses / activities of lesser density within a particular zone(R-a ) may be allowed within the zone of higher density (R-2, R- 3) but not vice versa, nor in another zone and its subdivision ( e.g. GC, C-1, C-2 ) except for uses expressly allowed in said zones, such as that the cumulative effect of zoning shall be intra- zonal; and not inter-
Section 10. Use Regulations in General Residential Zone ( GRZ ) A GRZ zone shall be used primarily for dwelling / housing purposes so as to maintain peace and quit if they are within the zone. The following are the allowable uses :
1.  Detached family dwelling
2.  Multi family dwelling e. g. row houses, apartments
3.  Residential Condominiums
4.  Apartment
5.  Hostel
6.  Pension House
7.  Hotel Apartment or apparel
8.  Dormitory
9.  Branch libraries and museums
10. Customary accessory use like :
a.) Servants quarters
b.) Private garage
c.) Guard house
11.  Home occupation for the practice of one’s profession or for engaging home business such as dressmaking, tailoring, running a sari-sari store and the like provided that :
a. )  The number of persons engaged in such business/ industry shall not exceed five (5), inclusive of the owner;
b.)  There shall be no change in the outside appearance of the premises ;
c.)  No home occupation shall be conducted in any customary accessory uses cited above;
d.)  No traffic shall be generated by such home occupation in greater an would normally be expected in a residential neighborhood and any need for parking generated of such home occupation shall be net off the street and in a place other than the required front yard
e.)  No equipment or process shall be used in such home occupation which creates noise, vibration, glass, fumes, odors and electrical interference detectible to the normal senses and visual or audible interference in any radios or television receiver or causes fluctuation in line voltage off
of the premises.
12.  Home Industry classified as cottage industry provided that :
a. )  such home industry shall not occupy more than thirty percent ( 30 % ) of the floor area of the dwelling unit. Those shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or
b. )  Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI )
c. )  Such shall consider the same provision as enumerated in letter c, d and e number 12, home occupation, this section.
13. Recreational facilities for the exclusive use of members of the family residing within the premises, such as :
a. )  Swimming Pool
b. )  Others
14. Nursery / Elementary School
15. High School
16. Vocational School
17. Sports club
18. Religious Use
19. Multi Purpose hall / barangay hall
20. Clinic, nursing and convalescing home, health center
21. Plant nurseries
Section 11. Use Regulations in General Commercial Zone A GC zone primarily used for business / trade/ services uses. Within the zone the following types of establishments shall be allowed:
1.  Offices like :
> Office building
> Office condominium
2.  General retail stores and shape like :
* department stores
* bookstores and office supply shop
* home appliance
* car shop
* photo shop
* flower shop
3.  Food markets and shops like :
* bakery and bakeshop
* wine store
4.  Personal service shops like :
* beauty parlor
* barber shop
* sauna bath and massage clinic
* dressmaking and tailoring shops
5.  Recreational Center / establishment like :
* moviehouse / theater
* playcourt e.g. tennis court, bowling lane, billiard hall, basketball court
* swimming pool
* day and night club
* stadium, coliseum, gymnasium
* other sports and recreational establishments
* cocktail arena
6.  Restaurant and other eateries
7.  Short term special education like :
* dancing schools
* school for self defense
* driving schools
* speech clinic
8.  Storerooms but only as maybe necessary for the efficient conduct of the business.
9.  Commercial Condominiums ( with residential units in upper floors )
10.  Commercial housing like :
* boarding house
* pension house
* club house
11. Embassy / consulate
12. Library museum
13. Filling station / Service station
15. Vocational School
16. Convention Center and related facilities
17. Messengerial Services
18. Security Agency
19. Janitorial Services
20. Bank and other Financial institution
21. Radio, Television Station, Cable T.V. station
22. Building garage , parking lot
23. Bakery and baking of bread, cake pastries, pies and other similar perishable products
24. Custom dressmaking shop
25. Custom tailoring shop
26. Commercial Job Printing
27. Typing and Photo Engraving Services
28. Repair of Optical Instruments and Equipment and Cameras
29. Repair of Clocks and Watches
30. Manufacturer of Isignia, Badges and Similar emblems except
31. Transportation Terminal/ Garage with and without repair
32.  Repair shops like :
* house appliances repair shop
* motor vehicles and accessory repair shop
* home furnishing shops
33.  Printing / publishing
34.  Machinery display shop/ center
35.  Gravel and sand
36.  Lumber / hardware
37.  Manufacture of ice, ice blocks, cubes, tubes, crushed except dry ice
38.  Printing and publishing of books and pamphlets, printing cards and stationery
39.  Manufacturer of sign and advertising displays ( except printed )
40.  Chicharon factory
41.  Manufacturer of wood furniture including upholstered
42.  Manufacturer of rattan furniture including upholstery
43.  Manufacturer of box beds and mattresses
44.  Welding shops
45.  Machine shop services operation ( repairing/ rebuilding or custom job orders )
46.  Medium scale junk shop
47.  Repair of motorcycles
48.  Lechon or whole pig roasting “ lechon manok “ roasting
49.  Biscuit factory – manufacture of biscuits, cookies, crackers and other similar dried bakery products
50.  Doughnut and hopia factory
51.  Other bakery products not elsewhere classified ( n.e.c. )
52.  Repacking of food products e.g. fruits, vegetables, sugar and other related products
53.  Plant nursery
54.  Funeral parlors, mortuaries and crematory services and memorial chapels
55.  Parking lots, garage facilities
56.  Other Commercial activities not elsewhere classified.
Section 12. Use Regulations in Light Industrial Zone (L.I ) In 1 zone, the following uses shall be allowed :
A. Non – Pollutive / Non- Hazardous Industries :
1. Drying fish
2. Biscuit factory manufacturer of biscuits, cookies, crackers and other similar dried bakery products
3. Doughnut and hopia factory
4. Manufacture of macaroni, spaghetti and vermicelli and other noodles.
5. Other bakery products not elsewhere classified ( ne.e.c. )
6. Life belts factory
7. Manufacture of luggage, handbags, wallets and small leather goods.
8. Manufacture of miscellaneous products of leather and leather substitute and n.e.c.
9. Manufacture of shoes, except rubber, plastic and wood.
10. Manufacture of slippers and sandal except rubber & Plastic
11. Manufacture of footwear parts except rubber and plastic
12. Manufacture assembly of typewriters cash registers, weighing, duplicating and accounting.
13. Printing, publishing and allied industries and those n.e.c.
14. Manufacture assembly of electronics data processing machinery and accessories.
15. Renovation and repair of office machinery.
16. Manufacture or assembly of miscellaneous office Machine
and those ne.e.c.
17. Manufacture of boats , bancas, sailboats.
18. Manufacture of animal drawn vehicles
19. Manufacture of children vehicles and baby carriages
20. Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc.
21. Manufacture of measuring and controlling equipment plumb bomb, rain gauge, taxi meter, thermometer, etc.
22. Manufacture or assembly of surgical, medical, dental
equipment and medical furniture
23. Quick freezing and cold packaging for fish and other seafoods.
24. Quick freezing and cold packaging for fruits and vegetables.
25. Popcorn / rice factory
26. Manufacture of medical / surgical supplies : adhesive
tapes, antiseptic dressing, sanitary napkins, surgical
27. Manufacture of other orthopedic and prosthetic
Appliances ( abdominal supporter, ankle supporter arch
support, artificial limb, kneecap supporters, etc. )
28. Manufacture of photographic equipment and accessories.
29. Manufacture of assembly of optical instrument.
30. Manufacture of eyeglasses and spectacles.
31. Manufacture of optical lenses
32. Manufacture of watches and clocks
33. Manufacture of pianos
34. Manufacture of string instruments
35. Manufacture of wind and percussion instruments.
36. Manufacture of assembly of electronics organs.
37. Manufacture of sporting gloves and mitts.
38. Manufacture of sporting balls ( not rubber or plastic).
39. Manufacture of gym playground equipment.
40. Manufacture of sporting tables billiards, pingpong pool
41. Manufacture of other sporting and athletics goods, ne.e.c.
42. Manufacture of press pencils and other office & artist materials.
43. Manufacture of toys and dolls except rubber and mold plastic.
44. Manufacture of buttons except plastics.
45. Manufacture of buttons except plastic.
46. Manufacture of brooms , brushes, and fans.
47. Manufacture of needles, pens, fasteners and zippers.
48. Manufacture of insignia, budges and similar emblems.(except metal )
49. Manufacture of signs and advertising displays ( except printed metal )
50. Small scale manufacture of ice cream
B. Non- Pollutive / Hazardous Industries :
1. Manufacture of house furnishing
2. Textile bag factories
3. Canvass bags and other canvass products factory
4. Jute bag factory
5. Manufacture of miscellaneous textile, goods, embroideries and weaving apparel
6. Manufacture of fiber batting, padding and upholstery filing except choir.
7. Men’ and Boy’ garment factory
8. Women’s and girl’s and ladies garments factory
9. Manufacture of hits, gloves, handkerchief, neckwear and related clothing accessories
10. Manufacture of miscellaneous fabricated mill work and those n.e.c.
11. Manufacture of wooden and cave containers
12. Manufacture of raincoats and waterproof outer garments except jackets
13. Sawali , nipa and split cane factory
14. Manufacture of bamboo, rattan and other cane basket and wares
15. Manufacture of cork products
16. Manufacture of wooden shoes, shoe lace, and other similar products
17. Manufacture of miscellaneous wood products and those n.e.c.
18. Manufacture of miscellaneous furniture and fixture except primarily of metals and those ne.e.c.
19. Manufacture of paper stationery, envelops, and related articles
20. Manufacture of dry ice
21. Repacking of Industrial products e.g. prints, varnishes, and other related products.
Section 13. Use Regulations in Medium Industrial Zone ( I- 2 ) – An I- 2 shall be For pollutive / non hazardous and pollutive/ hazardous manufacturing and processing establishments. Enumerated below are the allowable use:
A.  Pollutive / Non Hazardous Industries:
1.  Manufacturing and canning of ham, bacon and native
2.  Poultry processing and canning
3.  Large – scale manufacturer of ice cream
4.  Corn mill / Rice Mill
5.  Chocolate and cocoas factory
6.  Candy factory
7.  Chewing gum factory
8.  Peanuts and other factory
9.  Other chocolate and confectionery products
10.  Manufacture of flavoring extracts
11.  Manufacture of food products n.e.c. ( vinegar, vetsin )
12.  Manufacture of fish meal
13.  Oyster shell grading
14.  Manufacture of medicinal and pharmaceutical
15.  Manufacture of stationery, art goods cut stone and
16.  Manufacture of abrasive products
17.  Manufacture of miscellaneous non- metallic mineral
18.  Manufacture of cutlery, except table flatware
19.  Manufacture of handtools
20.  Manufacture of general hardware
21.  Manufacture of miscellaneous cutlery handtools and
general hardware n.e.c.
22.  Manufacture of household metal furniture
23.  Manufacture of office , store and restaurant metal
24.  Manufacture of metal blinds, screens and shades
25.  Manufacture of miscellaneous furniture and fixture
primarily of metal n.e.c.
26.  Manufacture of fabricated structural iron and steel
27.  Manufacture of architectural and ornamental metal
28.  Manufacture of boilers, tanks and other structural sheet
29.  Manufacture of metal cans, boxes and containers
30.  Manufacture of other structural products n.e. c.
31.  Manufacture of stamped coated and engraved metal
32.  Manufacture of fabricated wire and cable products
33.  Manufacture of heating, cooking and lighting equipment
34.  Sheet metal works generally manual operation
35.  Manufacture of other fabricated metal products except
machinery and equipment n.e.c.
36.  Manufacture or assembly of agricultural machinery and
37.  Native plow and harrow factory
38.  Repair of agricultural machinery.
39.  Manufacture of assembly of service industry machines.
40.  Manufacture or assembly of elevators and escalators.
41.  Manufacture or assembly of sewing machines.
42.  Manufacture or assembly of cooking ranges.
43.  Manufacture or assembly of water pumps.
44.  Refrigeration industry
45.  Manufacture or assembly of other machinery and equipment except electrical n.e.c.
46.  Manufacture and repair of electrical apparatus.
47.  Manufacture and repair of electrical cables and wires.
48.  Manufacture of electrical cables and wires.
49.  Manufacture of other electrical industrial machinery and apparatus.
50.  Manufacture or assembly of electric equipment radio and television, tape recorders, stereo.
51.  Manufacture or assembly of radio and television transmitting, signaling and detection equipment.
52.  Manufacture or assembly of telephone and telegraphic equipment.
53.  Manufacture of other electronic equipment and apparatus n.e.c.
54.  Manufacture of industrial and commercial electrical appliances.
55.  Manufacture of household cooking, heating and laundry appliances.
56.  Manufacture of other electrical appliances n.e.c.
57.  Manufacture of electrical lamp fixtures
A.  Pollutive / Hazardous Industries
1.  Flour mill
2.  Cassava flour mill
3.  Manufacture of coffee
4.  Manufacturing of unprepared animal feeds, other grain milling n.e.c.
5.  Production of prepared feeds for animals.
6.  Cigar and Cigarette factory.
7.  Curing and re-drying tobacco leaves.
8.  Miscellaneous processing tobacco leaves , n.e.c.
9.  Wearing hemp textile.
10.  Jute spinning and wearing.
11.  Miscellaneous spinning and wearing mills, n.e.c.
12.  Hosiery mill
13.  Underwear and outwear knitting mills.
14.  Fabric knitting mills.
15.  Miscellaneous knitting mills , n.e.c.
16.  Manufacture of mats and mattings.
17.  Manufacture of carpets and maps.
18.  Manufacture of cordage , rope and twine.
19.  Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc.
20.  Manufacture of linoleum and other surfaced coverings.
21.  Manufacture of artificial leather , oil cloth and other fabrics except rubberized.
22.  Manufacture of coin.
23.  Manufacture of miscellaneous textile ,n.e.c.
24.  Manufacture of rough lumber, un-worked.
25.  Manufacture of worked lumber.
26.  Resawmills
27.  Manufacture of veneer, plywood and hardwood.
28.  Manufacture of doors, windows and sashes.
29.  Treating and preserving of wood.
30.  Manufacture of charcoal
31.  Manufacture of wood and cane blinds, screens and shades.
32.  Manufacture of container and boxes of paper and paper boards.
33.  Manufacture of miscellaneous pulp and paper products, n.e.c.
34.  Manufacture of perfumes cosmetics and other toilet preparations.
35.  Manufacture of waxes and polishing preparations.
36.  Manufacture of candles.
37.  Manufacture of inks
38.  Manufacture of miscellaneous chemical products, n.e.c.
39.  Tire retreating and rebuilding .
40.  Manufacture of rubber shoes and slippers.
41.  Manufacture of industrial and moulded rubber products.
42.  Manufacture of plastics footwear
43.  Manufacture of plastic furniture
44.  Manufacture of other fabricated plastic products, n.e.c.
45.  Manufacture of table and kitchen articles.
46.  Manufacture of pottery, china and earthen ware, n.e.c.
47.  Manufacture of flat glass
48.  Manufacture of glass container
49.  Manufacture of miscellaneous glass products
50.  Manufacture of clay bricks, clay tiles and hollow clay tiles
51.  Manufacture of miscellaneous structural clay products, n.e.c.
52.  Manufacture of structural concrete products
53.  Manufacture of asbestos products
54.  Manufacture of engines and turbines except motor
vehicles, marine and aircraft
55.  Manufacture of metal cutting, shaving and finishing machinery
56.  Manufacture of wood working machinery
57.  Manufacture , assembly, rebuilding, repairing of food and beverage making machinery
58.  Manufacture, assembly, rebuilding, repairing of textile machinery and equipment
59.  Manufacture, assembly, rebuilding, repairing of paper industry machinery
60.  Manufacture , assembly, rebuilding, repairing of printing trade machinery and equipment
61.  Manufacture of rice mills
62.  Manufacture of machines for leather and leather products
63.  Manufacture of construction machinery
64.  Manufacture of machines for clay, stove and glass industries
65.  Manufacture, assembly, repair, rebuilding of miscellaneous special industrial machinery and equipment , n.e.c.
66.  Manufacture of dry cells, storage battery and other batteries
67.  Boat building and repairing
68.  Ship repair industry dock yard, dry dock, shipings
69.  Miscellaneous shipbuilding and repairing, n.e.c.
70.  Manufacture of locomotive and parts
71.  Manufacture of railroad and street cars
72.  Manufacture or assembly of automobile, cars. Buses, trucks and trailers
73.  Manufacture of wood furniture including upholstered
74.  Manufacture of rattan furniture including upholstered
75.  Manufacture of box beds and mattresses
76.  Cement factory
Section 14. Use Regulation in General Institutional Zone ( GIZ ) – In GI zone,
the following uses shall be allowed :
1. Government center to house national, regional, or local offices in
Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institution of higher learning.
2. General hospitals, medical centers, multi purpose clinics.
3. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical, and biological surface facilities.
4. Convention centers and related facilities.
5. Religions structure , e.g. church, seminary, convents
7. Embassies/ consulate
Section 15. Use Regulations in Parks and recreation Zone ( PRZ ) – The following uses shall be allowed in Parks and recreation zones :
1. Parks / gardens
2. Resort area e.g. beaches, including accessory uses
3. Open air or outdoor sports activities and support facilities, including low rise stadium, gyms, amphitheaters and swimming pools.
4. Golf courses, ball courts, race tracts and similar uses.
5. Memorial/ Shrines monuments , kiosks and other park structures.
6. Sports club
7. Underground parking structures / facilities.
Section 16. Use Regulations for Agricultural Zone ( AGZ ) – In Agricultural Zone the following uses shall be permitted :
1. Cultivation, raising and growing of staple crops such as rice , corn,
camote, cassava and the like.
2. Growing of diversified plants and trees, such as fruit bearing trees,
Coffee, sugar, cotton, tobacco, etc.
3. Silverculture, fishculture and mushroom culture, snake culture, crocodile farm , monkey raising and the like.
4. Customary support facilities such as Palay dryers and rice threshers and storage burns and warehouses.
5. Ancillary dwelling units/ farms houses for tillers and laborers.
6. Agricultural research and experimentation facilities such as breeding stations, fish farms, nurseries, demonstration farms, etc.
7. Pastoral activities such as goat raising and cattle fattening.
8. Home occupation for the practice of one’s profession or engaging home business such as dressmaking, tailoring, baking, running a sari- sari store and the like, provided that :
a. ) Number of persons engaged in such business / industry shall not exceed five ( 5 ) inclusive of the owner,
b. ) There shall be no change in the outside appearance of the building premises.
c. ) No home occupation shall be conducted in any customary accessory uses cited above.
d. ) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street in a place other than the required front yard.
e. ) No equipment or process shall be used in such occupation which create noise, vibration, glue, fumes. Odors and electrical interference detectable to the normal senses and visual or audible interference in any radio, a television receiver or causes fluctuations in line voltage off the premises.
9. Home Industry classified as cottage industry e. g. mat weaving, pottery
making , food preservation, etc. provided that :
a. ) Such home industry shall not occupy more than 30 % of floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be hazard or nuisance.
b. ) Allotted capitalization shall not exceed the capitalization as set by Department of Trade and Industry ( DTI ) .
c. ) Such shall consider same provisions as enumerated in letters c, d and e of the occupation, this section.
10. Backyard raising of livestock and fowl, provided that :
a. ) for livestock – a maximum of 15 heads
b. ) for fowl – a maximum of 50 birds
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Section 17. Use Regulation in Tourist Zone ( TZ ) – No tourism project or tourist relate activities shall be allowed in tourist zones unless related activities shall be allowed in tourist zones unless developed or undertaken in
accordance with the Department of Tourism ( DOT ) guidelines and standards and granted approved by the Tourism Estate Department of
Section 18. Use Regulation in Protection Forest Zone – Preservation areas include those areas of the municipality which are set aside for protection so as to preserve their natural characteristics, Basically, development and exploitative activities are prohibited in these areas. As such, the following conditions shall be complied with :
1. Only preservation / conservation and compatible forest activities such as gathering of minor forest products like bamboo and other similar / related products, shall be allowed.
2. No settlement of whatsoever nature shall be allowed therein.
3. Reforestation and fore station activities shall be undertaken at all times by persons of entities granted permit / clearance under this section.
Section 19. Use Regulation in Production Forest Zone ( Agro – Forest Zone )
No development, use of activity shall be allowed except in accordance with the Forest Code of the Philippines and other rules and regulations of the Department of Environment and Natural Resources / Bureau of Forest Development . In particular, the following activities
shall be allowed :
1. Forest Ecosystem Management
2. Forest Occupancy Management
3. Family approach to reforestation
4. Communal tree farming
5. Industrial tree farming
6. Agro – Forest Farms
7. Range Management Forest Industries Food Production Program
8. Other allowable uses includes
8.1 – Mining – no extraction, excavation or other mining
activity shall be undertaken except in accordance
with the Mining Laws and other conditions stipulated
by the DENR / Bureau of Mines and Geo – Sciences.
8.2 – Fishing and fish culture
Section 20. Fishpond / Salt-beds Zone – Fishing activities with the forest zone /protected areas zone shall be undertaken pursuant of the Fisheries Code and its implementing rules and regulations and the Revised Forestry Code of the Philippines as amended.
Section 21. General District Regulations : – Unless other wise herein provided, the following supplementary regulations shall be uniformly observed in each district.
1. No building structure or land shall be used , occupied; and no building
or put thereof shall hereafter be erected, constructed or structure
reconstructed, moved or structurally altered except in conformity with
the provisions of the National Building Code ( PD. 1096 ) and all
implementing rules and regulations issued therefor.
Section 22. Traffic Generators : – all traffic generating buildings and structures allowed in any of the districts must provide for adequate parking spaces for their employees, clients, parishioners and visitors.
Section 23. Advertising and Business Signs : – Advertising and business signs to Be displayed or put for public view in any of the districts herein enumerated must comply with the existing rules and regulations or those which are later on be enacted by the municipality.
Section 24. Erection of More than Principal Structure: – In any district 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 were erected on an individual lot.
Section 25. Dwelling on Rear lots : – No building used or designated to be used as Residence shall be allowed in any rear lot unless such lot has a right of way easement over a path of at least four meters leading to a street.
Section 26. Structure to Have Access : – Every building hereafter erected or moved shall have access to a public street or an approved private street, and all structure shall be so located on lots as to provide safe and convenient access for servicing fire protection and shall have the required off- street parking.
Section 27. Yard Requirements along a district Boundary Line : – Lots allotting on a district boundary line shall conform to the yard areas, area along identified acquirer requirements of more restrictive bounded by the line.
Section 28. Dwelling Group : – When it is ( important ) impractical to apply the requirements of this ordinance 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 conforms to the following conditions :
1. That the buildings are to be used only for residential purposes and such are permitted in the district where the compound is located.
2. That the average lot area per family or dwelling unit in the compound,
exclusive of the area used, or to be used for streets or driveways, is not less than the lot area per family required in the district.
3. That there is provided, within the treat on which the residential compound is to be located, an open space for play ground purposes within an area equivalent to at least an aggregate area of five in no case less than one hundred square meters, provided that where the residential compound is intended for less than ten families, setting aside of such area for playground purposes may be dispensed with, and provided further that when an open space for playground purposes is set aside, this open space may be used as put of the yard requirements for the compound.
4. That there is provided, within the tract on which the residential compound is to be erected or immediate adjacent thereto, an adequate private garage or off –street parking area, depending on the need if the residents and their visitors.
5. The area of t he proposed development is consolidated parcel of at least two ( 2 ) hectares.
6. Industrial Wastes – Industrial / plant wastes shall be disposed of only in a manner which will not create nuisance or danger to adjoining properties, waterways or to the community in general.
7. Sewerage Disposal : – No sewerage dangerous to the health, safety
and general welfare shall be charged into any public sewer system,
natural waste or any drainage channel. All industrial waste and
effluents from domestic and municipal sources shall conform with the
views water standards set by NPCC rules and regulations.
Section 29. Environment Impact assessment / Statement : – Major constructions / developments/ activities may be required by the Zoning Administrator or by the local government to submit an Environmental Compliance Certificate from the Department of Environment and Natural Resources.
Section 30. Buffer Strips / Easement : – In the utilization, exploitation, conservation, development and protection of water resources, the following setbacks or easements along the entire length of the banks of rivers and streams, lagoons and shore of the sees shall be observed, unless otherwise specified in this ordinance.
1. Three ( 3 ) meters setback in the urban areas
2. Twenty ( 20 ) meters setback in the agricultural areas.
3. Thirty ( 30 ) meters setback in Beach Resorts.
The above setbacks / easement shall be subject for public , such as for recreation, navigation, floatage , fishing, salvage and other similar activities.
Innovative Techniques / designs
Section 31. Nature and Concept of Innovative Techniques and Designs : Innovative techniques and designs consist the employment, utilization application of modern and unique architectural design and non- conventional pattern and strategies of development in particular integrated area, for the purpose of encouraging creating, flexibility and economy in land uses. Conventional standards and criteria are liberalized in an area where innovative techniques are employed.
Section 32. Requirements and Procedures for Allowance of Innovative Techniques or Designs : – Before innovative techniques maybe Employe in any area , the owner or developer must first secure from the Zoning Administrator, a Special development Permit. The Zoning Administrator shall secure a favorable Recommendation from the Municipal Development Council ( MDC ) before granting such permit. In addition, he shall conduct a public hearing on the application, following the procedures for the conduct of hearings prior to the granting of variances as set forth in Article 1X herein. He may prescribed such terms and conditions that he may deem as reasonable and proper provided they are consistent with that set forth in the next succeeding section.
Section 33. Condition for Granting of Innovative Techniques and Designs :
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 impractical to apply the conventional 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 to the Municipal Development Council and to the Zoning Administrator preliminary plans and find plans for review.
a. ) The preliminary plans must generally set forth any existing or proposed arrangements of lots, streets, access points, buffer strips and rail, water, highway or other transport arrangement and the relations ( in terms of existing and potential economic influence and environmental impact ) of the tract of land involved with the surrounding properties.
b. ) The final plan must in addition to the above requirements describe the noise, odor, smoke, vibration, dust, noxious, gases, glue and heat, fire hazards, industrial wastes and traffic which may be produced by the development.
3. The proposed development will not be incompatible with the existing and proposed adjacent and surrounding uses, and it should not defeat the purposes and objectives of the development plan and ordinance.
4. The area of the proposed development is a consolidated parcel of at least two ( 2 ) hectares.
Section 34. Existing Non- Conforming Uses and Buildings : – The lawful use of
any building, structure or land at the time of the adoption or amendment of this ordinance may be continued, although such use does not conform with the provisions of this ordinance provided :
1. That no such – conforming use shall be enlarged increased or extended to occupy a greater area of land that has already been occupied by such use at the time of the adoption of this ordinance, or moved in whole or in put to any other portion of the lot or parcel of land where non- conforming use exist at the time of the adoption of this ordinance.
2. That such non – conforming use which causes for more than one year been changed to a use permitted in the district in which it is located be again revived as a non- conforming use.
3. That any non – conforming structure or one or more of a group of non- conforming structures related to one use and under one ownership, which has been damaged by fire , flood, explosions, earthquake, warriot or such other force majeure maybe reconstructed and used as before provided that such reconstruction, is not more than fifty percent ( 50 % ) of the assessed value of the structure.
4. That the total structural repair and alteration that may be made in a non- conforming structure shall not, during its remaining lifetime, that is subsequent to the adoption of this ordinance, exceed twenty- five percent ( 25 % ) of its assessed value.
5. That such non – conforming use may be enlarged or extended only if the entire building is thereafter devoted to conforming use.
6. That no such conforming use maybe employed or extended, increased, or moved to displace any conforming use
7. That no such conforming use shall be changed to another no – conforming use.
8. That no such non – conforming structure may be enlarged or altered in a very which increases its non – conformity.
9. Should such no – conforming portion of a structure be destroyed by 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.
10. Should such non – conforming structure be moved for any reason to
any distance whatsoever, it shall thereafter conform to the regulation
of the district in which it has been moved or relocated.
Section 35. Certificate of Non – Conformance : – A certificate of Non – conformance of all non – conforming uses shall be applied for the owneror agent for the property involved within six ( 6 ) months from the
approved of this ordinance. Failure to make such application within the
prescribed period shall be presumptive evidence that the property had
non – conforming use at the time of the enactment of amendment of the
ordinance and shall be considered in violation thereof.
Section 36. DEVIATIONS : – Uses which are not in conformity with the provisions
of this ordinance , though not existing at the time of the adoption of the
ordinance, may nonetheless be allowed under the terms and conditions
hereunder set forth either a variance , exception or temporary use.
A. Variance :
Variance may be allowed only under the following conditions :
1. Property is unique and different from other properties in the
adjacent locality and because if its uniqueness, the owners
cannot obtain a reasonable return on the property.
2. Conforming to the provisions of the ordinance will cause
undue hardship on the part of the owner or occupant of the
3. The hardship is not self- created.
4. The proposed variance is the minimum deviation necessary to permit a reasonable use of property.
5. The variance will not alter the essential character of the district or zone where the property for which the variance is sought is located and will not substantially or permanently injure the use of other property in the same district or zone.
6. The variance will not weaken the general purpose of the ordinance and will not adversely affect the public health, safety or welfare.
7. If what is sought is a variance from the Use Regulation of Zone, the same shall be allowed only if, in addition to the foregoing, there is clear and definite showing from the nature , size and location of the land that it not have been used practically for the purposes allowed in the zone, or that it could reasonably be attributed to the owner / developer of the property that he had bought the property from or retain it only for a practical use or in expectation of such use which is sought to be allowed as a variance.
B. Exception :
Exceptions from the provisions of this ordinance shall be
allowed either as a matter of right or as matter within the description
of the Zoning Administrator.
Exceptions shall automatically be allowed as a matter of
right in cases of uses of structures which are expressly identified by
this ordinance as being exempted from the application of the
standards hereof, such as water towers, belfries, transmitters,
cupolas and the like, upon satisfactory proof that those do not pose a
hazard to public health, safety and welfare.
C. Temporary Use Permit :
The Zoning Administrator, upon the prior recommendation of the Municipal Planning and Development Coordinator, may allow in a particular area a use other than those expressly or implied allowed by the Zone Regulations applicable too such area, provided the following terms and conditions are complied with :
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1. The use is temporary in nature , that is, the structures, machinery,
Operations and personnel are capable of or amenable to being
terminated, transferred or relocated elsewhere within the
community after the expiration of the permit or when conditions
have become such that this transfer, relocation or termination is
necessary in order to promote the public health , safety or general
2. The area in which the proposed temporary use is ought to be
Located is not yet built up, that is the designated use has not yet
been consumed or used up a major portion of the zone and there
is still sufficient available land that will accommodate the needs
or demands of the designated used for the zone.
2. There is no predictable patterns of growth or increase in the
designated uses of the area, nor of any other particular
3. The proposed temporary use will not adversely affect public
health, safety or general welfare, not the appropriate use of
adjacent or surrounding uses in the vicinity of at least one ( 1 )
kilometer radios from its location;
4. The proposed temporary use shall be allowed to exist from a
Maximum period of five ( 5 ) years, which maybe reviewed once
More for a period not exceeding the maximum prescribed herein
under the following conditions :
a. ) The project / use / activity cannot reasonably be expected to
become profitable or recover capital outlay and operating
expenses within five ( 5 ) years, in which case, the necessary
number of additional years shall be determined by the Zoning
Administrator taking into considerations the proposal of the
owner / operator, the planning and development coordinator,
experts and other interested persons, or
b. ) The termination use at the end of such period would result in
severe dislocation of personnel even if the required phase
out program for the lay off personnel is carried out.
c. ) There is still no determination pattern of land use or the
temporary use have shown some potential of suitability and
desirability in the area.
All applications for Temporary Use Permit shall be
acted upon on a case basis, If at any time during the period
that a temporary use has been in existence , it appears that
the trend of development definitely establishes a pattern of
growth in favor of such class and it is desirable to retain and
even encourage such class of uses , the Zoning
Administrator may recommend to the Municipal Planning
and Development Coordinator and subsequently to the
Sangguniang Bayan for appropriate measures for the
reclassification and rezoning of the area, which shall be
adopted in the manner as that for all other amendments to
d. ) Provisions Common to all Deviations :
Whenever a deviation in the form of variance or exception as to use or temporary use is to be allowed , the following additional conditions shall be observed :
1. ) The deviant use or structure must not be a traffic
generator and must provide for adequate parking
spaces in the area; and
2. ) There shall be observed adequate measures to protect
and enhance the environmental quality of the area in
which they are located.
In addition, the owners shall submit regular activity status report to the Zoning Administrator for the purposes of monitoring their impact on the area as their compliance with the conditions prescribe herein.
Section 37. Special Use Permit : – Uses or structures that require the issuance of
Special Use Permits before they maybe permitted are those which :
1. Have significant impact on health , safety and environment.
2. 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 use undesirable ;
3. 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 described on account of the need for evaluation of each particular application for the same class of use according to its merits.
Consonant with the following foregoing criteria, the
following uses shall be subject to Special Use Permit :
a. ) Dumping Sites :
– adequate fencing shall be put to present undue
scattering of wastes.
– Poisoning of rats and spraying of wastes
– The dump site shall not be located outside of the
applicants premises if private, and shall be located
within 100 meters from water sources and residential
zones, if public
– Other sanitary requirements of the Sanitation Code
shall be complied with .
b. ) Incinerator Plants :
– They shall not as far as practicable be located within
– A site inspection shall be required to determine that
the proposed plant shall not constitute safety hazard
to the adjacent land uses and to the community in
– Their sound maintenance shall be the sole
responsibility of the applicant and / or the persons
c. ) Cemeteries :
– They shall be located in institutional or open space
zones; in addition , they shall be situated at least one
hundred meters ( 100 meters ) from the nearest
– The design of structures such as museum, arcades,
shall blend with the surroundings
– Their proper maintenance shall be exclusively duty
of the applicant or persons running them. – They shall be located at least fifty ( 50 ) meters away
from the actual or potential ground sources ( water )
– Adequate drainage system should be provided for
liquid run – off from decaying or degrading ,matters.
– Pest control measures should be applied to prevent
contamination of surrounding areas.
– Shrubs and tree should be planted around the site
and on open as buffer strip to preserve ecological
– They shall not adversely affect the appropriate or
profitable use of the other properties in the area.
– Sanitary requirements of the Sanitation Code , the
Rural Code and other existing laws, particularly
those referring to find procedures in cases of the
incidence of epidemics or communicable diseases
shall be complied with.
– Their proper maintenance shall be the exclusive duty
of the applicant or persons running them.
– They shall not be located along National Road /
– They shall comply with the development standards
prescribed by the Housing and Local Use Regulatory
Board ( in use of memorial parks )
– They shall comply with the other requirements
prescribed by existing laws.
d. ) Radio Transmitting Stations :
– They shall be located within commercial or
institutional utility zones.
– Their sound maintenance shall be exclusive
responsibility of the applicant and / or persons
– Where the public welfare demands, however , they
may not be denied location in some residential
zones provided the preceding conditions is
complied with ; provided however that powerful /
high voltage transmitter / antennas which ma cause
electric interference, or excessive electromagnet
radiation, which would be hazardous to health or
safety as determined by the Radio Control Bureau
and other competent national authorities shall not be
e ) Private Landing Strips, Runways, Heliports &
– They shall not be located within residential zones.
– They must be at least 100 meters from the nearest
residential zone , and shall not pose hazards to the
safety of resident therein.
– They must comply with all requirements of the Civil
Aeronautics Administration ( C A. A. ). A written
Authority to operate shall be obtained from the CAA
by the applicant at least 90 days before the intended
date of operation, and the daily newspaper
preparatory to a public newspaper to determine
public opposition to the proposed building site .
f. ) Filling Stations :
– They shall not be located within a least fifty ( 50 )
meters from the nearest schools , churches
hospitals and other similar buildings.
– They shall not constitute safety hazards in a
community developed entirely into residential
– The premises shall not be used for overnight
parking transport vehicles and utility terminal for
body building purposes.
– The number of station allowed shall conform with
the standard set by the Department of Energy.
– Filling stations shall be located at least 100 meters
from each other , and should have adequate fire
g. ) Open Storage :
– They shall be located within reasonable distance
from schools, churches, hospitals and other similar
buildings, preferably 100 meters away or more.
– Their sound maintenance shall be the sole
responsibility of the applicant.
h ) Cockpits :
– Cockpits shall be allowed only in accordance with
the provisions of the cockfighting law. – Cockpits shall be located outside of residential and
institutional zones and should be at least two
hundred ( 200 ) meters away from the nearest
residential area, school, church, hospitals, or other
similar public building.
– Adequate off – street parking shall be provided.
– They shall not be located along national highways
unless they observe a setback of a least fifty ( 50 )
meters therefrom. Along all other roads, a setback
of not less than thirty ( 30 ) meters shall be
Section 38. Procedure for Granting Deviations : – Deviations and Special Uses
shall be granted in accordance with the following procedures :
1. A written application for duration or special use is filed with the
zoning Administrator, indicating the section of this ordinance under
which the same is sought and stating the grounds thereof.
2. The Zoning Administration shall make preliminary studies on the
application and fix time and place for the hearing , if found
necessary in a case a special use is sought , he shall seek the
recommendation of the Municipal Planning and Development
3. A written notice of the Public Hearing shall be observed on the
applicant and the owners of the properties adjacent to the property
which is the subject of the application at least fifteen ( 15 ) days prior
to the schedule of the hearing. Notice of such hearing shall also be
posted on the property for which the exception is sought, at the
Municipal Hall and in one public place at least fifteen ( 15 ) days prior
to the said public hearing.
4. At the public hearing, any party may appear in person , or by an agent
5. At the hearing , all interested parties shall be afforded the opportunity
to be heard and based on the testimonies and evidence presented , the
Zoning Administrator shall decide on whether or not grant the
deviation or special use type set forth in this Articles.
6. The Zoning Administrator shall render a decision within sixty ( 60 )
days from the filing of the application, exclusive of the time spent
for public hearing.
Administration and Enforcement :
Section 39. Responsibility for Administration and Enforcement :
This ordinance shall be administered and enforced by the Zoning
Administrator who shall be appointed by the Municipal Mayor in
accordance with Republic Act 7160 or the Local Government code of
1991. The Civil Service Commission shall prescribed the qualifications of
the zoning administrator.
Section 40. Responsibility for Administration and Enforcement :
This ordinance shall be administered and enforced by the Zoning
administrator who shall be appointed by the Municipal Mayor in
accordance with R. A. 7160 0r the Local government code of 1991. The
Civil Service Commission shall prescribed the qualifications of the
Section 41. Powers and Duties : – The Zoning Administrator shall administer and
enforce the provisions of this ordinance. Specifically , he shall have the
following powers and duties :
1. To grant or deny , with or without conditions , applications for the
granting of various deviations provided for in Section 31, Article X
of this ordinance and in accordance with the criteria prescribed
2. To serve notice requiring the removal of any use in violation of this
ordinance upon the owner , agent or tenant of the building or land or
upon the architect, building or land or upon the builder , contractor or
other persons who commit or assist in any violation.
3. To issue Certificate of Zoning Compliance and Certificate of Non –
Conformance as provided for in this ordinance.
4. To call upon the Provincial Fiscal to institute any necessary legal
Proceedings to enforce the provisions of this ordinance. The
Provincial Fiscal is hereby authorized to institute appropriate action
to this end.
5. To call upon the Chief of Police and authorized agents of law to
assist in the enforcement of this ordinance.
6. To report to the Municipal development council and the Sangguniang
Bayan all the innovative techniques, deviations and special uses
granted so that the zoning map be correspondingly updated and also
to report on the progress and problems encountered in the
administration and enforcement of this ordinance, making the
necessary recommendations thereof.
7. Issue special permit and innovative development permits with the
Concurrence of the Municipal Development Council.
8. Submit a quarterly report on the status of the land uses of the
municipality, including the number, nature and character of permits
granted or denied, non – conforming uses, variance, exceptions,
innovative techniques, special and temporary uses , and conditions
imposed thereon to the Municipal Development Council for
incorporation in the updating of the plan.
9. Take any other action authorized by this ordinance to ensure
compliance with or prevent violation of its provisions.
Section 42. Certificate of Zoning Compliance : – In the provisions of the National
Building Code , a Certificate of Zoning compliance shall first be obtained
from the Zoning Administrator before any building permit can be granted
by the Building Official. Such Certificate of Zoning Compliance shall
certify, among others, that the building or part thereof, covered by the
application for the building permit, as well as the proposal use of such
buildings, are in conformity with the provisions of the Zoning ordinance.
Section 43. Expiration of the Certificate of Zoning Compliance : – If the
Certificate of Zoning Compliance is not used for one year from the date
of issue, said permit shall be cancelled by the Zoning Administrator and
notice thereof shall be given to the persons affected.
Section 44. Appeals : – Any person aggrieved by the decision of the Zoning
Administrator concerning the interpretation , administration and
enforcement of this ordinance may appeal to the Zoning Board of
Appeals. Such appeal shall be taken within a reasonable time not
exceeding thirty ( 30 ) days from the receipt of the Notice of the decision
of action taken by the Zoning Administrator by filling with the said
administrator and with the Board a notice of appeal specifying the
The Zoning Administrator shall transmit to the Board all papers
constituting the record upon which the action appealed shall fix the date,
time, and place for the hearing and appeal, give due notice to the parties
and decide the same within a reasonable time but not exceeding sixty (60)
days from the date of the filing of the notice of the appeal.
Section 45. Composition of the Local Zoning Board of Adjustment and Appeals
( LZBAA ) : – The Municipal Development Council shall create a sub –
Committee which shall act as the LZBAA composed of the following
1.  Municipal Mayor as Chairman
2.  Municipal Engineer
3.  Municipal Assessor
4.  Municipal Planning and Development Coordinator
5.  Municipal Legal Officer , if any
6.  Two ( 2 ) representatives from the private sector, nominated by
their respective organizations and confirmed by the Municipal
7. Two ( 2 ) representatives from Non – Government Organization
( NGO )
Section 46. Powers of the Zoning Board of Appeals : – The decision of the
Board of Appeals shall be final, except when the issues involved the
interpretation and application for the development plan are of national
and / or regional physical land use planning or Zoning standards,
guidelines, rules or regulations in which case , appeal shall be made to
the Housing and Land Use Regulatory Board.
Section 47. Composition of the Local Zoning Review Committee : – This Zoning
Ordinance shall be reviewed every year or sooner when the need arise ,
by the Committee to be known as the Local Zoning Review Committee.
The Committee shall be composed of sectoral experts, as follows :
a. ) Municipal Planning and Development Coordinator
b. ) Municipal Health Officer
c. ) Municipal Agriculturist
d. ) President, Association of Barangay Councils
e. ) Municipal Engineer
f. ) CENTRO
g. ) Municipal Agrarian Offer ( MARO )
h. ) Schools Districts Supervisor
i. ) Three ( 3 ) Private Sector Representatives
j. ) Two ( 2 ) Non – government Organization representatives
The representatives of the Sangguniang Bayan shall be elected by
the members of this legislative body while the representative of
the private sector shall be appointed by the Mayor.
Section 48. Functions of the Local Zoning Review Committee : The local
zoning review committee shall have the following powers and
1. Review the Zoning Ordinance for the following purposes :
a) Determine what amendments or revisions are necessary in the zoning ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan.
b) Determine what changes would have to be introduced in the Comprehensive Land Use Plan in the light of permits given and exceptions and variances granted.
c) Identify what provisions of the Ordinance have been difficult to enforce or are unworkable.
2. Recommend to the Sangguniang Bayan necessary legislative amendments and to the Local Planning and Developments Staff the needed changes in the Plan as a result of the review conducted.
3. Provide information to the Housing and Local Use Regulatory Board that would be useful in the exercise of its functions.
However , in areas specially reserved by existing laws as filling
within the supervision and administration of the particular agency
or agencies or areas where the land uses are to be determined, planned or regulated by such agency or agencies, the provisions of such special laws shall remain in force and effect and shall govern such matters not touched upon by this ordinance. Such laws shall have a supplementary effect over the provisions hereof.
Section 49. 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 the plans, constructions, size
or designated use of any building, structure or part hereof 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 thereof shall have
started at the time of the enactment of this ordinance, and not later
than six ( 6 0 months after the issuance of such building permit ;
2. The structure or building will not be incompatible with the designated
uses in the zone in which it is to be located, and will not adversely
affect the public health, safety or general welfare.
Section 50. Violation and Penalty : – Any person who violates any provisions
of this ordinance shall upon conviction, be punished by a fine of not less
than One thousand pesos ( P 1,000.00 0 ) but not more than Two
thousand five hundred pesos ( P 2,500.00 ) or by imprisonment of not
less than one ( 1 ) month but not exceeding six ( 6 ) months or both at
the discretion of the court. Each day that the offense continues shall be
considered as a separate offense. In case of violation by a Corporation
partnership or Association, the penalty shall be imposed upon the
erring officers thereof.
Section 51. Separability Clause : Should any section of this ordinance be
declared by the Courts to be unconstitutional or invalid, such decision
shall not affect the validity of the ordinance as whole or any part thereof
other than the part so declared to be unconstitutional or invalid.
Section 52. Repealing Clause : All other ordinance, rules and regulations that
are in conflict with the provisions of the ordinance are hereby repealed,
provided such rights that have been vested upon the effectivity of this
ordinance shall not be impaired.
Section 53. Effectivity Clause : This ordinance shall take effect upon its
Unanimously enacted this ____ day of __________ 2001 on mass motion and duly seconded by all SB Members .
Voting on the foregoing ordinance was as follows :
Affirmative : Kag. Fructuoso Redulla, Jr. , Kag. Ruel Victor Vendencia , Kag.
Emilio Castilla, Kag. Romulo Manuta, Kag. Cesar Campos, Kag. Filomena Asedilla, Kag. Victorio Lonod. Kag. Arius Ilano, Jr., Kag. Gumersindo Arocha and Kag. Ronil Ruben Suan , Jr.
Negative : None
I hereby certify to the correctness
of the above mentioned ordinance :
PHILIP R. MEDEQUISO
ALBERTO E. ARANGOSO
Engr. GABINO C. REDULLA
Date signed : November 16, 2001