AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE MUNICIPALITY OF MARIBOJOC, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH
Be it ordained by the Municipal Sangguniang Bayan of Maribojoc, Bool, that:
TITLE OF THE ORDINANCE
SECTION 1: TITLE OF THE ORDINANCE. – This shall be known as the Comprehensive Zoning Ordinance for the Municipality of Maribojoc, Bohol.
AUTHORITY AND PURPOSE
SECTION 1: AUTHORITY. – This ordinance is enacted pursuant to PD No. 933 and pursuant to Memorandum Circular No. 76-110 of the Secretary of the Department of Local Governments and Community Development dated October 25, 1976, authorizing the Municipal Mayor to create and organize their respective Municipal Development Councils and Municipal Development Staffs.
SECTION 2: PURPOSES. This ordinance is designed and enacted to:
- Promote and protect the health, safety, peace, morals, comforts, convenience, and
general welfare of the inhabitants;
- Guide, control and regulate future growth and development in accordance with the development plan of the municipality;
- Protect the character and stability of residential, commercial, industrial, institutional, agricultural, and open spaces areas within the municipality and promote the orderly and beneficial development of the same;
- Provide adequate light, air, privacy, and convenience of access to property;
- Prevent undue congestion of population; and
- Regulate the location of building, and the use of buildings and lands adjacent to streets and thoroughfares in such manner as to obviate the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares.
SECTION 3: DECLARED ZONING PRINCIPLE. Zoning is the division of Municipality into districts according to present and potential use of properties for the purpose of controlling and directing the use and development of these properties. Zoning is a tool to implement the development plan.
SECTION 4: DEVELOPMENT PLAN. This Comprehensive Zoning Ordinance is based on the development plan prepared by the Municipal Development Staff as adopted by the Municipal Development Council and approved by the Municipal Sangguniang Bayan through its Resolution No. 31 passed on October 13, 1977.
DEFINITION OF TERM
1. ACCESSORY USE: A use incidental and subordinate to the principal use of the building and/or land.
2. ADDITIONS, ALTERATIONS, REPAIRS: Changes in an existing building involving interior or exterior work and/or increase or decrease of the area of the building.
3. APARTMENT: A row of independent units designed and intended for, or occupied by a family on a more or less permanent basis.
4. APARTMENT HOTEL: Any building containing several independent and furnished apartment units, regularly leased on a more or less permanent basis, and offering basic services to its tenants (e.g. dining services)
5. APARTMENT HOUSE: A building containing several independent residential suites, usually having facilities such as elevators, air-conditioning, etc., furnished in common.
6. BOARDING HOUSE: A house which admits a small number of persons for compensation and where meals may or may not be served to them only.
7. BOTANICAL GARDEN: A track of land used for the culture and study of plants, collected and grown for scientific and display purposes.
8. BUILDABLE AREA: The remaining space in a lot after deducting the required minimum open spaces.
9. 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.
10. BUILDING ACCESSORY: A building, subordinate to the main building and located on the same lot, the use of which is necessary or incidental to the use and enjoyment of the main building, such as servant’s quarters, garage, etc.
11. BUILDING, MAIN: One in which the principal use of the land on which it is situated is conducted.
12. BUS TERMINAL: A Private station where public utility buses regularly discharge and receive passengers and/or where such vehicles are required and maintained.
13. COTTAGE INDUSTRY: Establishment or firms which conform to the standards set forth by the National Cottage Industry Development Authority (NACIDA).
14. DORMITORY: A Building where many persons are provided with board and lodging facilities in common halls, for a compensation.
15. DWELLING: A building or structure used for lawful residence.
16. DWELLING, ONE-FAMILY, DETACHED: A one-family house having one party wall and two side yard.
17. DWELLING, ONE-FAMILY, SEMI-DETACHED: A one-family house having one party wall and one side yard.
18. DWELLING, TWO-FAMILY, DETACHED: A house or structure divided into two separate and independent living quarters by a wall extending from the floor to the ceiling, and provided with two side yards. Each portion provides complete living facilities for the household.
19. DWELLING, TWO-FAMILY, SEMI-DETACHED: A two-family dwelling as above defined except that it is provided with one side yard.
20. DWELLING, MULTI-FAMILY: A building used as a house or residence of three (3) or more families living independently from one another, each occupying one or more rooms as a single housekeeping unit.
21. FAMILY: A group of individuals living under one roof and considered as part of a single housekeeping unit.
22. FILLING STATION: A retail station servicing automobiles and other motor vehicles with oil and gasoline only.
23. GARAGE: A building or structure where cars and other motor vehicles are housed and maintained.
24. GARAGE, COMMERCIAL: A garage where motor vehicles are housed, maintained, equipped, repaired, or kept for remuneration or sale.
25. GARAGE, PRIVATE: A building or structure where cars and other motor vehicles used by the members of the family residing within the dwelling one housed and maintained.
26. GUARD HOUSE: An accessory building or structure used by a security guard while on duty.
27. HOME OCCUPATION: An occupation or business conducted within the dwelling unit.
28. HOSPITAL: An institution providing health services, primarily for in-patient, and medical or physical care of the sick or inured, including, as an integral part of the institution, such related facilities as laboratories, out-patient department, training facilities, and staff offices.
29. HOTEL: A Building and its premises where persons may regularly be received, lodged, or harbored, as transients or guests, and provided with accommodation services, and/or meals for a fee.
30. LOT: A parcel of land on which a principal building and its accessories are situated or may be situated, together with the required open spaces.
31. LOT DEPTH: The mean horizontal distance between the front line and the rear lot line of a lot measured within the lot boundary.
32. MANUFACTURING INDUSTRY: An industry which involves the chemical or mechanical transformation of inorganic or organic products, whether the transformation is done by a power-driven machine or by hand, or whether it is done in a factory or in the worker’s house.
33. MOTEL: Any structure with several separate units, primarily located along the highway or close to a highway, where motorists may obtain lodging with parking space and, in some instances, meals.
34. MUSEUM: A non-profit, non-commercial establishment operated as a repository, or a collection of nature, scientific, or literary curiosity or objects of interest such as works of art. This does not include the regular sale or distribution of the objects collected.
35. NURSERY/DAY CARE CENTER: A Place where children are temporarily cared for and trained in the parent’s absence.
36. PARK: A pleasure ground set apart for recreation of the public, to promote its health and enjoyment.
37. PARKING BUILDING: A building of several floors used for temporary parking of motor vehicles on various floors and may be provided with services allowed for service station.
38. 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 clients or customers.
39. PRIVATE PET HOUSE: The office of a person engaged in any occupation, vocation or calling, not purely commercial mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded therein.
40. PROFESSIONAL OFFICE: The office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded therein.
41. RECREATIONAL CENTER: A Place, compound or building or a portion thereof, open to the public for recreational and entertainment purposes.
42. RESIDENTIAL CONDOMINIUM: A building containing at least five or more apartment units with common areas and localities, each apartment owner having exclusive ownership and possession of his apartment.
43. RESTAURANT/OTHER BATERIES: A retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.
44. SERVANT’S QUARTERS: A room within the dwelling, or in an accessory building where servants, maids, or helpers of the family are housed.
45. SERVICE STATION: A Building and its premises where gasoline, oil, grease, batteries, tires and car accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made and no other:
a. Sale and servicing of spark plugs, batteries, and distributor parts;
b. Tire servicing and repair, nut not recapping or regrooving;
c. Replacement of mufflers and tall pipes, water, hose, fan belts, brake fluids, light bulbs, fuses, floor mats, seat covers, windshield wiper blades, grease retainers, wheels, bearing, mirror, and the like;
d. Radiator cleaning and flushing;
e. Washing and polishing, and sale of automobile washing and polishing materials;
f. Greasing and lubrication;
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 foods, tobacco and similar convenient goods for service station customers as accessory and incidental to the principal operations;
l. Provision of road maps and other informational material to customers; provision of rest room facilities.
Uses permissible at a filling station do not include major mechanical and body work, straightening of body work, straightening of body parts, painting, welding, storage of automobiles not in operating conditions, or other works involving noise, glare, fumes, smoke or other characteristics to any extent greater than normally found in service stations. A service station is not a repair garage nor a body shop.
46. SHOPPING CENTER: A group of not less than fifteen (15) contiguous retail stores, originally planned and developed as a single unit, with immediate adjoining off-street parking facilities.47. STORE: A Building or structure devoted exclusively to the retail sale of a commodity or commodities.
48. THEATRE: A structure used for dramatic, operatic motion picture and other performances for admission to which entrance money is received, and no audience participation and meal service are allowed.
49. TOURIST INN OR PENSION HOUSE: Any building or structure regularly catering to tourists and travelers, containing several independent rooms, providing common facilities such as toilet, bathrooms, living and dining rooms and kitchen, and where a combination of board and lodging may be provided.
50. WAREHOUSE: Any building, the primary purpose of which is the storage of goods, wares, merchandise, utilities and/or another personal belongings.
51. YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward.
52. NON-CONFORMING USE: A legal use of a structure or tract of land in existence at the date of adoption of this ordinance, which does not conform to the use regulations of the ordinance, or such use in existence at the date of adoption of amendments to the ordinance which does not conform to the use regulations of the ordinance as amended.
53. EASEMENT: AN encumbrance imposed on an immovable for the benefit of another immovable belonging to a different owner.
SECTION 1: DIVISION INTO DISTRICTS. – To effectively carry out the provisions of this Ordinance, the municipality is hereby divided into the following districts:
R-1 District for low density residential areas
R-2 District for medium density residential areas
R-3 District for high density residential areas
C-1 District for purely commercial uses
C-2 District for commercial and compatible industrial uses
1-1 District for non-pollutive industrial uses
1-2 District for pollutive industrial uses
In-1 District for government buildings and institutions of higher learning
In-2 District for special public and private institutions
Parks and Open Spaces District
SECTION 2. OFFICIAL ZONING MAP – The designation, location and boundaries of the districts herein established is shown in the Official Zoning Map of the Municipality of Maribojoc as prepared by the Municipal Development Council and hereby adopted as an integral part hereof.
The Official Zoning Map shall b signed by the Mayor, attested by the Secretary of the Sangguniang Bayan and shall bear the seal of the Municipality.
In the event that the Official Zoning Map is damaged, destroyed, lost, or becomes difficult to interpret because of the nature or number of changes and additions, the Sangguniang Bayan may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
SECTION 3. DISTRICT BOUNDARIES – The specific boundaries for each district is shown and enumerated in separate sheets and hereby adopted as an integral part hereof.
SECTION 4. INTERPRETATION OF DISTRICT BOUNDARIES – Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:
a) Where district boundaries are so indicated that approximately follow the center of streets or highways, streetlines, or highway right-of-way lines shall be construed to be the boundaries.
b) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.
c) Where district boundaries are so indicated that they are approximately parallel to the center line of street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said zoning map.
d) Where the boundary of a district follows a stream, lake 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 charge in the shorelines, shall as moving with the actual shorelines. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. Boundaries indicated as parallel to, or extension of indicated features not specifically indicated on the zoning map shall be determined by the scale of the map.
e) Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the zoning map using the scale appearing on such map.
f) Where a lot of one ownership, as of record at the effectivity date of this Ordinance, is divided by a district line, the lot shall be construed to be within the district where the major portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall in the district where the principal uses fall.
g) Where a district boundary is indicated as one-lot-deep, said depth shall be construed to be the average lot depth of the lots involved within each particular municipality block. Where, however, any lot has a depth greater than said average, the remaining portion of said lot shall be construed as covered by the one-lot-deep zoning district if the remaining portion has an area less than fifty (50) percent of the total area of he entire lot. If the remaining portion has an area equivalent to fifty percent or more of the total area of the lot, then the average lot depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts, as the case may be.
h) Where a district boundary lines is indicated in the zoning map, one block deep or a fraction thereof, such boundary line shall be scaled or determined by the Zoning Administrator.
Notwithstanding the listing of allowable use enumerated herein per district, the Zoning Administrator may allow similar compatible land use using as basis the physical and performance standards prescribed for that district.
SECTION 1. USE REGULATION IN R-1 DISTRICT – This District shall be for exclusively residential purposes to maintain the peace and quiet of the area. The following shall be the allowable uses, subject to all the conditions herein enumerated:
1. One detached family dwelling
2. One semi-detached family dwelling
3. Two detached family dwelling
4. Two semi-detached family dwelling
5. Customary accessory uses like:
a. Servant’s quarters
b. Private garage
c. Guard house
d. Private pet house
6. Home occupation like the practice of one’s procession, dress-making, tailoring, baking, sari-sari store and the like, provided that:
a. No person other than members of the family residing within the premises shall be engaged in such home occupation;
b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
c. As much as possible there shall be no change in the outside appearance of the building or premises;
d. No home occupation shall be conducted in any accessory building;
e. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood any need for parking generated by a conduct of such home occupation shall be met off the street and in a place other than in a required front yard;
f. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable in the normal senses off the lot, if the occupation is conducted in a single-family residence or out-side the dwelling unit if conducted in a place other than a single-family residence. In the case of electrical interference, no equipment or process shal be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltages off the premises.
7. Recreational facilities for the exclusive use of the members of the family residing within the premises, like:
a. Swimming pool
b. Mini golf courses
c. Pelota court
SECTION 2. USE REGULATION IN R-2 DISTRICT. This District shall be for medium density residential area and other compatible uses as follows:
1. All uses allowed in R-1 District
2. Multi-family dwelling with not more than five (5) families residing.
3. Apartments of not more than five (5) doors
4. Boarding houses with not more than five (5) boarders
5. Nurseries and Day care centers
6. Elementary schools
7. Branch libraries and museums
8. Chapels, churches and other places or worship
9. Shall clinics, hospitals, nursing and convalescing homes with not more than five (5) bed capacity
11. Filling stations
12. Services stations
13. Home occupation as provided for R-1 District except that not more than two (2) outside or hired helpers, assistants or employees may be employed.
14. Parks and playgrounds for the community
15. Backyard gardens and raising of pigs, poultry and other animals and fowls provided:
a. that they are only for family consumption
b. No undue noises shall be created
c. No fowl smell shall be emitted
d. Other sanitary requirements enforced in the municipality must be complied with.
SECTION 3. USE REGULATION IN R-3 DISTRICT – This District shall be for high density residential and other compatible uses as follows:
1. All uses allowed in R-1 and R-2 Districts
2. Multi-family dwellings
3. Residential condominiums
6. Pension houses
8. Hotel apartments or apartels
10. Boarding houses
12. High School and Vocational Schools
13. Branch libraries and museums
14. Clinics, hospitals, nursing or convalescing homes with no more than fifty (50) bed capacity
16. Home occupation as provided in R-1 District except that not more than five (5) outside or hired helper, assistant employee may be employed
17. Club houses and lodges
18. Backyard raising of animals and fowls as provided for R-2 District
19. Parks and playgrounds
20. Parking lots
21. Parking buildings
22. Filling stations
23. Service stations
SECTION 4. USE REGULATION IN C-1 DISTRICT – This District shall be for purely commercial uses as follows:
1. Offices like:
a) office buildings
b) office condominiums
2. Stores and shops like:
a) department stores
b) bookstores and office supply shops
c) home appliances store
d) car shops
e) photo shops
f) shopping centers
3. Food markets and shops like:
b) bakeries and bake shops
c) wine stores
4. Recreational Centers like:
a) movie houses and theaters
b) pelota courts
c) swimming pools
d) day and night clubs
5. Personal and service shops like:
a) beauty parlor
b) barber shops
c) sauna bath and massage clinics
d) dressmaking and tailoring shops
6. Restaurant and other eateries
7. Short term special education like:
a) dancing schools
b) driving schools
c) driving schools
d) speech clinics
8. Storerooms and warehouses, but only as may be necessary for the efficient conduct of the business.
SECTION 5. USE REGULATION IN C-2 DISTRICT. – This District shall be for commercial and compatible industrial uses as follows:
1. All uses allowed in C-1 District
2. Repair shops like:
a) Home appliances repair shop
b) Motor vehicles and accessory repair shop
c) Home furnishings repair shop
3. Funeral homes
4. Flower shops
5. Embalming establishments
6. Cottage industries
7. Manufacturing industries certified as non-pollutive and non-hazardous by the Human Settlements Commission
8. Stockyard and slaughterhouses
9. Cold storage and warehouses
10. Bus terminals and car barns
SECTION 6. USE REGULATION IN 1-1 DISTRICT. – This District shall be mainly for manufacturing industries classified as non-pollutive and non-hazardous (NP/NH), non-pollutive and hazardous (NP/H), and non-pollutive and extremely hazardous (NP/EH) by the Human Settlements Commission as follows:
1. Non-pollutive and non-hazardous (N/NH) industries like:
a) manufacture of bakery products
b) customs tailoring and dressmaking shops
c) commercial and ob printing
d) manufacture of musical instruments
2. Non-pollutive and hazardous (NP/H) industries like:
a) garment factories
b) manufacture of pulp stationery, envelopes and related articles
c) manufacture of wooden shoes, shoe lace and similar products
d) manufacture of bamboo, rattan and other cane baskets and wares
3. Non-pollutive and extremely hazardous (NP/EH) industries like the manufacture of compressed and liquefied gases.
4. Cottage industries
SECTION 7. USE REGULATION IN 1-2 DISTRICT. – This District shall be mainly for the manufacturing industries classified as pollutive and non-hazardous (P/NH), pollutive and hazardous (P/H), pollutive and extremely hazardous (P/EH), highly pollutive and non-hazardous (HP/NH), highly pollutive and hazardous (HP/H), and highly pollutive and extremely hazardous (HP/H), and highly pollutive and extremely hazardous (HP/EH) by the Human Settlements Commission as follows:
1. Pollutive and non-hazardous (P/NH) industries like:
a) chocolate and cocoa factory
b) manufacture of furniture and fixtures primarily of steel
c) manufacture of electrical appliances and housewares
d) manufacture of motorcycles and bicycles
2. Pollutive and hazardous (P/H) industries like:
a) knitting mills
b) sawmills, planning and other wood mills
c) manufacture of containers and boxes of paper and paperboard
3. Pollutive and extremely hazardous (P/EH) industries like:
a) manufacture of paints
b) manufacture of explosives and fireworks
c) manufacture of tires and inner tubes
d) manufacture of processed natural rubber not in rubber plantation
4. Highly pollutive and non-hazardous (HP/NH) industries like:
a) ice cream factory
b) preserving and canning of fruits and vegetables
c) manufacture of soft drinks and carbonated water
d) manufacture of desiccated coconut
5. Highly pollutive and hazardous (HP/H) industries like:
a) sugar factories and refineries
b) distilled, rectified, and blended liquors
c) tanneries and leather finishing plants
d) manufacture of soap and cleaning preparations
6. Highly pollutive and extremely hazardous (HP/EH) industries like:
a) petroleum refineries
b) manufacture of fertilizers and pesticides
c) manufacture of synthetic resins, plastic materials, and man-made fibers except glass.
d) Manufacture of industrial chemicals
SECTION 8. USE REGULATION IN 1 DISTRICT. – This District shall be for government buildings and institutions of higher learning like:
1. Government offices like:
a) Municipal Hall
b) Police department
c) Fire department
d) Health and pureculture centers
e) Main libraries and museums
f) Telephone exchanges
g) Electric substations and generating stations
SECTION 9. USE REGULATION IN 1N-2 DISTRICT. – This District shall be for special and private institutions like:
1. Municipality hospitals
2. Big private hospitals
3. Special hospitals like:
a) hospital for the insane
b) hospital for the heart patients
c) hospital foe lepers
5. Home for the aged and other welfare homes
6. Rehabilitation centers like:
a) rehabilitation center for unwed mothers
b) rehabilitation center for drug addicts
c) rehabilitation center for alcoholics
SECTION 10. USE REGULATION FOR PARKS AND OPEN SPACES DISTRICT. – This District shall be mainly for parks and open spaces to provide ecological balance within the community and at the same time provide inexpensive recreation places for the inhabitants. The following shall be the allowable uses:
1. Parks and playgrounds
3. Botanical gardens
4. Municipality plaza
5. Memorial parks
6. Other similar uses
SECTION 11. USE REGULATION FOR AGRICULTURAL DISTRICT. – This District shall be for the commercial production of farm products like:
1. Rice and corn
2. Mango, coconut, coffee and other fruits
4. Poultry, piggery, and the raising of other animals and fowls
5. Copra making
SECTION 12. NUISANCE AND POLLUTION. – For all allowed uses in the Agricultural District, effective measure against pollution of the air and all waterways must be undertaken and the necessary safeguards must be instituted to prevent it from becoming a nuisance.
SECTION 1. APPLICATION OF DISTRICT REGULATIONS. – The regulations set by this Ordinance within each District unless otherwise provided, shall apply uniformly to each class or kind of structure or land as follows:
a) No building structure or land shall hereafter 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 all the regulations herein specified for the district in which it is located;
b) No building or other structure shall hereafter be erected or altered:
1. to exceed the prescribed height or bulk
2. to accommodate or house a greater number of families
3. to occupy a greater percentage of lot area
4. to have narrower or smaller yard requirement or in any other manner contrary to the provisions of this Ordinance.
c) No part of a yard, off-street parking, loading space, or other open spaces required of any building, shall for the purpose of complying with this ordinance, be included as part of a yard, open space, off-street parking, loading space similarly required for any other building.
d) No yard or lot existing at the time of the passage of this Ordinance shall be reduced in dimension of area below the minimum requirements set forth herein.
SECTION 2. SPECIAL PERMIT USERS. – The following shall require a special permit from the Zoning Administrator, in accordance with the criteria below prescribed:
1. Dumping Sites
a. Adequate fencing shall be put up to prevent undue scattering of wastes.
b. Poisoning of rats and spraying of flies and the general maintenance of the dumping site shall be the sole responsibility of the applicant.
c. The dumping site shall not be located outside of the applicant’s premises if private, and shall be located within a reasonable distance from residential zones, if public.
d. Other sanitary requirements of the Municipality shall be complied with
2. Incinerator Plants
a. They shall not as far as practicable be located within residential zones.
b. A site inspection shall be required to determine that the proposed plant does not constitute safety hazards to the adjacent land uses and to the community in general
c. Their sound maintenance shall be the sole responsibility of the applicant and/or the persons running them.
a. They shall be located outside of, or within a reasonable distance from residential zones.
b. Their sound maintenance shall be the exclusive duty of the applicant or persons running them.
4. Radio Transmitting Stations
a. They shall be located within commercial zones.
b. Their sound maintenance shall be exclusive responsibility of the applicant and/or persons running them.
c. Where public welfare demands, however, they may not be denied location in some residential zones provided the preceding condition is complied with:
5. Private landing strip, runways, heliports and helipads
a. They shall not be located within residential zones
b. They must be at least 200-300 feet from the nearest residential zone or residence.
c. A written authority to operate shall be obtained from the CAA Administrator by the applicant at least 90 days before the intended date of operation, and a notice shall be posted or published in at least one of the newspapers to determine public opposition to the proposed landing site
d. Sworn statements of the owners of the adjoining lots signifying their conformity or non-conformity to the proposed landing site shall be obtained by the applicant at least 30 days before the intended date of operation.
6. Filling Stations
a. They shall be located within reasonable distance from schools, churches, hospitals and other similar buildings.
b. They shall constitute safety hazards in a community developed entirely into residential purposes.
7. Open Storage
a. They shall be located within reasonable distance from schools, churches, hospitals and other similar buildings, preferably 200-300 feet away or more.
b. Their sound maintenance shall be the sole responsibility of the applicant.
SECTION 3. TRAFFIC GENERATORS. – All traffic generating buildings and structure allowed in any of the Districts must provide for adequate parking spaces for their employees, clients and visitors.
SECTION 5. ADVERTISING AND BUSINESS SIGNS. – Advertising and business signs to be displayed or put up for public view in any of the Districts herein enumerated must comply with the rules and regulations on the matter.
SECTION 6. EXISTING NON-CONFORMING USES AND BUILDING. – The lawful use of any building, structure or land at the time of the adoption of this ordinance may be continued, although such use does nor conform with the provisions of this ordinance, provided:
1. That no such non-conforming use shall be enlarged increases or extended to
occupy a greater area of land than already occupied by such use at the time of the adoption of this ordinance, or moved in whole or in part, to any other portion of the lot or parcel of land where such non-conforming use exists at the time of the adoption of this ordinance.
2. That no such non-conforming use which has ceased for more than one (1) year or has been changed to a use permitted in the district in which it is located be again revived as non-conforming uses.
3. That any non-conforming structure, or one or more of a group of non-conforming structure related to one use and under one ownership, which have been damaged by fire, flood, explosion, earthquake, warriot or other such force majuere may be reconstructed and used as before provided that such reconstruction is not more than fifty (50) percent of the assessed value of the structure or structures.
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 (25) percent of its assessed value.
5. That such non-conforming use may be enlarged or extended only if the entire building is thereafter devoted to confirming use.
6. That such non-conforming use may not be extended, enlarged, increased or moved to displace any conforming use.
7. That no such non-conforming use shall be changed to another non-conforming use.
8. No such non-conforming structure may be enlarged or deterred in a way which increases its non-conforming, but any structure or portion thereof may be altered to decrease its non-conformity.
9. Should such non-conforming structure or non-conforming portion of the structure be destroyed by any means to an extent of more than fifty (50) percent 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 for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
SECTION 7. VISIBILITY AT INTERFRACTION RESIDENTIAL DISTRICT. – On a corner lot in any residential district, nothing shall be erected, placed, or planted or allowed to grow in such a manner as materially to impede vision between a height of two-and-a-half (21/2) feet above the centerline grade of interacting streets in the area bounded by the street lines of such corner lots and a line joining points of said street lines fifty (50) feet from the point of interaction.
SECTION 8. BuILDING PERMITS ISSUED PRIOR TO THE APPROVAL OF THIS ORDINANCE. – Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been duly granted prior to adoption oft his ordinance, provided the construction of such building, structure or part thereof shall have been started within six (6) months from the date of the issuance of such permit. If construction is started after the six month period, no construction shall be allowed unless a new building permit for the construction of the building in accordance with this ordinance shall have been issued.
SECTION 9. EASMENTS STREETS AND OTHER PUBLIC LANDS NOT INCLUDE IN ANY DISTRICT. – Should land, or any portion thereof revert to private ownership and the said street or public land does not appear on the zoning map as included in any district, the regulations provided for in this ordinance which are applicable to the most restricted district immediately adjacent to the land under consideration shall applied to such land or portion thereof.
SECTION 10. DWELLING ON REAR LOTS. – No building used or designated to be used as a residence shall be allowed in any rear lot unless such lot has an exclusive right-of-way easement over a path of at least four (4) meters leading to a street and there shall be not more than one building for each casement. Two or more buildings, however, may be allowed on a corner path if the right-of-way easement is at least six (6) meters wide.
SECTION 12. ERECTION OF MORE THAN PRINCIPAL STRUCTURE. – In any District where more than 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 13. STRUCTURE TO HAVE ACCESS. – Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures 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 14. YARD REQUIREMENTS ALONG A DSITRICT BOUNDARY LINE. – Lots abutting on a district boundary line shall conform to the yard requirements of the more restrictive district bounded by the line.
SECTION 15. DWELLING GROUP. – When it is impracticable to apply the requirements of this ordinance to individual building units in a residential compound consisting of two (2) 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 building are to be used for residential purposes and such accessory
uses 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 tract on which the residential compound is to be located, an open space for playground purposes within an area equivalent to at least an aggregate area of five (5) percent of the required lot area per family, but in no case less than one hundred (100) square meters provided that 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, and provided, further, that when an open space for playground purposes is set aside, this open space may be used as part 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 immediately adjacent thereto, an adequate private garage or off-street parking area, depending on the needs of the residents and their visitors.
SECTION 16. CERTIFICATE OF NON-CONFORMANCE. – Acertificate of non-conformance for all non-conforming uses shall applied for by the owner or agent of the property involved within twelve (12) months from the approval of this ordinance, otherwise the non-conforming use may be condemned and removed at the owner’s expense.
ENFORCEMENT AND ADMINISTRATION
SECTION 1. ENFORCEMENT. – This ordinance shall be enforced and administered by the Zoning Administrator who shall be appointed by the Municipal Mayor.
SECTION 2. POWERS AND DUTIES. – The Zoning Administrator shall administer and enforce the provisions of this ordinance, especially:
1) To grant or deny, with or without conditions applications for the granting of
exceptions in accordance with the following criteria.
a) That the exception is essential to maintain the functional design and
architectural integrity of the development;
b) That the exception will not substantially or permanently injure the
appropriate use of adjacent conforming property in the same district.
d) That the exception will not alter the essential character of the district where the property, for which exception is sought, is located;
e) That the exception will not weaken the general purpose of the regulation herein established for the specific district.
f) That the exception will be in harmony with the spirit and purpose of this ordinance;
g) That the exception will not adversely affect the public health, safety and welfare,
2) To grant or deny, with or without conditions, applications for the granting of a
variance in accordance with the following;
a) That the property be unique and different from other property nearby;
b) That because of the uniqueness, the owners can not obtain a reasonable return on the property;
c) That the hardship is not self-created;
d) That the proposed variance is the minimum variance necessary to permit a reasonable return on the property;
e) That the variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.
f) That the variance will not alter the essential character of the district where the property, for which variance is sought, is located;
g) That the variance will not weaken the general purpose of this ordinance or the regulation herein established for the specific district;
h) That the variance will be in harmony with the spirit of this ordinance;
i) That the variance will not adversely affect the public health, safety or welfare.
3) To issue certificate of zoning compliance as herein provided.
4) 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,
builder, contractor, or other persons who commit or assist in any such
5) To call upon the Sub Station Commander to institute any necessary legal
proceedings to enforce the provision of this ordinance. The Sub Station
Commander is hereby authorized to institute the appropriate action to this end.
6) To call upon the Sub-Station Commander and his authorized agents to assist in
the enforcement of this ordinance.
7) To report to the Municipal Development Council and the Sangguniang Bayan
all the exceptions and variances granted so that the zoning map can be
correspondingly updated and also a report on the progress and problems
encountered in the administration and enforcement of this ordinance, making
the necessary recommendations therefore.
8) Take any other action authorized by this ordinance to ensure compliance with
or prevent violation of its provisions.
SECTION 3. CERTIFICATE OF ZONING COMPLIANCE.- No building permit shall be issued unless a certificate of zoning compliance has been obtained from the Zoning Administrator. Such certificate shall show, among others things that the building or part thereof and the proposed use of the same are in conformity with the provisions of this ordinance. The Zoning Administrator shall maintain a record of all certificates of zoning compliance and a copy shall be furnished upon the request of any interested person.
SECTION 4. EXPIRATION OF BUILDING PERMIT.- If the work described in any building permit has not begun within ninety (90) days from the date of the issuance thereof, said permit shall be cancelled by the Zoning Administrator and a written notice thereof shall be given to the persons affected.
If the work described in a building permit has not been substantially completed within two (2) years from the date of its issuance, said permit shall be cancelled by the Zoning Administrator and a written notice thereof shall be given to the persons affected, together with a notice that further work as described in the cancelled permit shall not continue unless and until a new building permit has been obtained.
SECTION 5. ZONING BOARD OF APPEALS.- An administrative Board to be known as the Zoning Board of Appeals is hereby created, which shall consist of five (5) members to be appointed by the Municipal Mayor with the concurrence of the Sangguniang Bayan, each for a term of three (3) years. Members of the Board may be removed from office for just cause after written charge had been filed and public hearing for the unexpired terms of the members affected. The concurring vote of four members shall be necessary to reverse any order, decision or determination of the Zoning Administrator.
SECTION 6. PROCEDURE IN THE ZONING BOARD OF APPEALS.- The Board shall adopt rules necessary for the conduct of its affairs. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The Chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
The Board shall keep a minutes of its proceeding showing the vote of each member upon each question raised and shall keep a record of its official action, all of which shall constitute a public record.
SECTION 7. APPEALS.- Any person aggrieved by the decision of the Zoning Administrator regarding the interpretation, administration or enforcement of this ordinance may appeal to the Board of Zoning Appeals. Such appeal shall be taken within a reasonable time but not exceeding sixty (60) days from the receipt of the notice of the decision of or action taken by the Zoning Administrator, by filing with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds therefore. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record. Upon which the action appealed from was taken. The Board of Appeals shall fix the time and place for the hearing of the appeal, give due notice to the parties and decide the same within a reasonable time.
SECTION 8. POWERS.- The Zoning Board of Appeals shall have the powers to:
a) Hear and decide appealed cases where it is alleged that there is a substantial
error in any decision, order or determination made by the Zoning Administrator
in the enforcement of this ordinance.
b) Grant variances and exceptions as provided for in this ordinance.
SECTION 9. PROCEDURE.- The procedure for the granting of an exception and variance shall be as follows:
a) A written notice for an exception or variance is filed with the Zoning Administrator indicating thereon the section of this ordinance under which the same is sought and stating the ground therefore.
b) The Zoning Administrator shall fix the time/and place for the hearing.
c) A written notice of the public hearing shall be served on the applicant and the owners of the properties adjacent to the properties which is the subject of the application at least fifteen (15) days prior to the scheduled public hearing. Notice of such hearing shall be posted on the property for which the exception is sought, at the Municipal Hall, and in one other public place at least fifteen (15) days prior to the said public hearing.
d) At the public hearing, any party may appear in person, or by an agent or attorney.
SECTION 10. LIMITATIONS ON THE POWER AND AUTHORITY OF THE BOARD.- The Zoning Board of Appeals is a quasi-judicial body. As such, it shall have no power and authority to amend, alter, repeal or legislate a zoning ordinance. The territorial jurisdiction of the Board shall be limited to the Municipality from which it derives its authority.
SECTION 11. VIOLATION AND PENALTY.- Any person who violates any of the provisions of this ordinance shall upon conviction, be punished by a fine of not less than Fifty Pesos (P50.00) but nor more than Two Hundred Pesos (P200.00) or by imprisonment of not less than one (1) month but not more than six (6) months, or both at the discretion of the Court. In case of violation by a corporation, partnership, or association, the penalty shall be imposed upon the erring officers.
SECTION 12. AMENDMENTS.- The Sangguniang Bayan may from time to time, on its own motion or upon recommendation by the Zoning Administrator, amend, alter, supplement or repeal any provision of this ordinance.
All proposed amendments shall be referred to the Municipal Planning for report and recommendation.
If the recommendation is favorable, the proposed amendment shall become effective upon resolution by a majority vote of all the members of the Sangguniang Bayan. However, if the recommendation is unfavorable, it shall become effective only upon a resolution by three-fourth vote of the same.
SECTION 13. 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 this ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 14. REPEALING CLAUSE.- All other ordinances, rules or regulations in conflict with the provisions of this ordinance are hereby repealed; Provided that vested rights on the effectivity of this ordinance shall not be impaired..
SECTION 15. EFFECTIVITY CLAUSE.- This ordinance shall take effect immediately upon approval.
APPROVED, October 13, 1977
RESOLVED, that the foregoing Municipal Ordinance No. 7, series of 1977 be and hereby is approved, furnishing copies.
THEREFORE, all authorities concerned for their information, guidance and approval.