Sta. Rosa, Laguna Ordinance
Sta. Rosa, Laguna Ordinance
Sta. Rosa, Laguna Ordinance
Final Report
Zoning Ordinance
1. Promote and protect the health, safety, peace, comfort, convenience and general
welfare of the inhabitants of the Municipality;
2. Guide the growth and development of Santa Rosa in accordance with its
Comprehensive Land Use and Development Plan;
2. Agro-Industrial Zone an area intended primarily for integrated farm operations and
related product processing activities such as plantation for bananas, pineapple, sugar,
etc.
3. Allowable Impervious Surface Area Ratio (AISAR) - the ratio between the coverage of
ground level impervious surfaces to the total lot area. This is expressed as a
percentage over and above the resultant Percentage of Land Occupancy (PLO) for
each development. The computation of impervious surface area coverage shall include
spaces outside the building envelope, such as driveways, walks, parking areas, etc.
4. Buffer Area - these are yards, parks or open spaces intended to separate incompatible
elements or uses and to control pollution/nuisance.
5. Building Height Limit (BHL) - the maximum height allowed for structures or buildings
expressed as number of floors or storeys.
6. Central Business District - shall refer to areas designated principally for trade, services
and business purposes (Commercial 1 Zone)
7. Certificate of Non-Conformance - certificate issued to owners of all uses existing prior
to the approval of the LDGS which do not conform to the provisions herein provided.
8. Certificate of Zoning Classification a document issued by the Zoning Administrator
citing the zoning classification of the land based on this Ordinance.
9. Compatible Uses - uses or activities capable of existing together harmoniously e.g.
residential use and parks and playground.
10. Comprehensive Land Use and Development Plan (CLUDP) - a document embodying
specific proposals for guiding, regulating growth and/or development. The main
components of the CLUDP in this usage are the sectoral studies i.e. Environment,
Social, Economic, Land Use, Transport, Infrastructure and Local Administration.
11. Conflicting Uses - uses or activities with contrasting characteristics sited adjacent to
each other e.g. residential units adjacent to industrial plants.
12. Conforming Use - a use that is in accordance with the zone regulations as provided for
in the LDGS.
13. Easement - open space imposed on any land use/activities sited along waterways,
road-right-of-ways, cemeteries/memorial parks, utilities and the like.
14. Environmentally Critical Areas - refers to those areas which are environmentally
sensitive and are listed in Proclamation 2146 dated 14 December, 1981, as
follows:
a.
b.
c.
d.
e.
f.
18. Forest Zone (FZ) an area intended primarily for forest purposes.
19. General Commercial Zone (GCZ) an area for trading, services and business
purposes.
20. General Institutional Zone (GIZ) an area principally for general types of institutional
establishments e.g. government offices, schools, hospitals/clinics, academic/research,
convention centres.
21. General Residential Zone (GRZ) an area principally for dwelling/housing purposes.
22. Gross Floor Area (GFA) - the GFA of a building is the total floor space within
the perimeter of the permanent external building walls (inclusive of main and
auxiliary buildings), occupied by:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Office areas;
Residential areas;
Corridors;
Lobbies;
Mezzanine;
Vertical penetrations which shall mean stairs, fire escapes, elevator shafts,
pipe shafts, vertical shafts, vertical ducts, and the like and their enclosing
walls;
Machine room and closets;
Storage rooms and closets;
Covered balconies and terraces; and
Interior walls and columns, and other interior features.
23. HLRB/BOARD - shall mean the Housing and Land Use Regulatory Board
24. Impervious Surface - type of man-made surface which does not permit the penetration
of water.
25. Land Use Intensity Controls (LUIC) - refer to controls on open spaces (PLO), building
bulk (FAR), building height (BHL) and impervious surfaces (AISAR). The LUIC is
imposed to control, among others, traffic generation, requirements on utilities, overbuilding, over-crowding, visual access and to attain the desired zone character. The
LUIC is applied as follows:
a.
b.
Maximum Allowable Building Area Per Floor in Square Meters = Lot Area x
Allowable PLO
Maximum Allowable Gross Floor Area in Square Meters = Lot Area x Allowable
FAR
c.
In determining the maximum number of floors per building, BHL regulations shall
apply.
For planned unit development schemes, residential subdivisions and the like, the LUIC
shall apply to individual lot parcels. Gross open spaces (defined as common areas,
roads, etc.) shall be governed by the requirements of PD 957, BP 220 and related
regulations. For large scale projects on single blocks, i.e. those that have no
lot/parcellary subdivisions, the LUIC shall mean to apply to the gross lot area of the
block and the gross floor area of the buildings to be put up therein.
26. Light Industrial Zone (I-1) an area principally for the following type of industries:
a. non-pollutive/non-hazardous
b. non-pollutive/hazardous
27. Locational Clearance - a clearance issued to a project that is allowed under the
provisions of the LDGS as well as other standards, rules and regulations on land use.
This clearance is required prior to the issuance of a building permit.
28. Medium Industrial Zone (I-2) an area principally for the following types of industries:
a. pollutive/non-hazardous
b. pollutive/hazardous
29. Mitigating Device - a means to grant relief in complying with certain provisions of the
LDGS.
30. Non-Conforming use - existing non-conforming uses/establishments in an area allowed
to operate in spite of the non-conformity to the provisions of the LDGS subject to the
conditions stipulated in the Locational Clearance.
31. Official Zoning Map - a duly authenticated map delineating the different zones in which
the whole Municipality is divided.
32. Parks and Recreation Zone (PRZ) - an area wherein uses are designed for
diversion/amusements and for the maintenance of the ecological balance of the
community.
33. Percentage of Land Occupancy (PLO) - defined as a percentage of the maximum
allowable floor area of any building (at any floor level) to the total lot size. This includes
the main and auxiliary buildings. In case of discrepancy between the specified PLO in
this Ordinance and the Light and Ventilation provisions of the National Building Code,
the lesser allowable floor area shall prevail.
34. Rezoning a process of introducing amendments to or change in the text and maps of
the Zoning Ordinance.
It also includes amendment or change in view of
reclassification under Section 20 of RA 7160.
35. Setback - the open space left between the building and lot lines.
36. Socialised Housing Zone (SHZ) shall be used principally for socialised
housing/dwelling purposes for the underprivileged and homeless as defined in RA
7279.
37. Variance - a Special Locational Clearance granting a property owner relief from certain
provisions of the LDGS where, because of the particular physical surrounding, shape
or topographical conditions of the property, compliance on height, area, setback, bulk
and/or density would result in a particular hardship upon the owner, as distinguished
from a mere inconvenience or a desire to make more money.
38. Warehouse refers to a storage and/or depository of those in business of performing
warehouse services for others, for profit.
39. Water Zone (WZ) bodies of water that include rivers, streams, lakes and seas except
those included in other zone classifications.
40. Zone - an area within the Municipality, as defined by manmade or natural boundaries,
where specific land use regulations are applied.
41. Zoning Administrator - a Municipal government employee responsible for the
implementation/enforcement of the LDGS.
ARTICLE IV
ZONE CLASSIFICATIONS
Section 5.
Division into Zones. The Municipality of Santa Rosa is hereby divided
into five general zones, namely, Low Intensity Development, Urban Redevelopment,
Growth Management 1, Growth Management 2 and Shoreland. Said divisions are for
the purposes of the following:
1. implementing the Santa Rosa CLUDP;
2. defining specific areas of the Municipality of Santa Rosa, each requiring different
standards of development to meet different circumstances present within the zone;
and
3. serving the purposes and intent of the LDGS as outlined in Chapter I.
The provisions contained herein anticipate the likelihood and desirability of mixing land
uses. Unlike conventional zones, which segregated various land uses, the LDGS allows
mixed uses and places the emphasis on minimising or buffering any nuisance factors
between such uses. Further provisions impose criteria to resolve any possible problems
and eliminate what might be negative impacts when unlike uses are located in proximity.
Zones are distinguished according to allowable land use intensities, which are discussed in
detail in succeeding articles.
Section 6.
below.
The LIDZ further hosts the remaining classified agricultural areas of Santa Rosa.
The LDGS does not provide for the re-classification of these agricultural areas. Reclassification shall have to undergo the standard statutory proceedings as required
by the Sangguniang Bayan.
The LDGS provides that the LIDZ shall be a predominantly low-intensity development
area having substantial vegetated and landscaped open spaces. All developments
shall carefully consider drainage as well as minimise impervious surface conditions.
Barangays included in the LIDZ (in whole or in part) are as follows: Sinalhan, Aplaya
and Caingin.
2. Urban Redevelopment Zone
The Urban Redevelopment Zone (URZ) is the Urban Redevelopment Area described
in the CLUDP. It hosts the traditional business and residential districts of Santa Rosa.
These districts have since expanded and evolved into a mixed-use area predominated
by low to medium intensity activities. The zone, however, has moderate development
capability in as much as it is located on environmentally sensitive land and has little
room for substantial infrastructure improvement.
It is the intent of the LDGS to encourage urban renewal to enhance the present mixeduse character of the area as well as prevent the over-burdening of infrastructure. The
LDGS further promotes the low to medium-intensity mixed use development in this
area, which can improve the identity and character of the zone in particular and the
Municipality in general. A compact urban development pattern is desired,
interspersed with strategic public open spaces.
The central Poblacion area, composed of Bgys. Kanluran and Malusak, is hereby
classified as a Historical Redevelopment District (HRD). This encompasses Rizal
Blvd., from the foot of Sta. Rosa Bridge to the corner of G. B. Zavalla St.; F. Gomez
St. from the corner of Anonuevo St. to the corner of P. Gomez St.
Barangays included in the URZ (in whole or in part) are as follows: Tagapo, Market
Area, Poblacion, Labas, Pooc, Balibago, Dila and Dita.
3. Growth Management Zone 1
Growth Management Zone 1 (GMZ-1) is described as Growth Management Area
1 in the CLUDP. It used to be the urban fringe area of the municipality and has
since experience sporadic urban growth, which is now in the process of
consolidation. It also has moderate development capability with limitations due to
flooding hazards and limited capacities of access roads.
It is the intent of the LDGS to encourage the well-ordered consolidation of urban
growth in this area. Developments shall be of moderate intensity in consideration of
its natural and man-made limitations.
Barangays included in GMZ - 1 (in whole or in part) are as follows: Tagapo,
Macabling, Balibago, Dila, Pulong Sta. Cruz, Dita and Malitlit.
Category
Farm-to-market
Secondary
Primary
Primary
Secondary
RROW Width
(mts.)
10
20
30
30
20
Section 9.
Interpretation of the Zone Boundary. In the interpretation of the
boundaries for any of the zones indicated on the Official Zoning Map, the following rules
shall apply:
1. Where zone boundaries are so indicated that they approximately follow the centre
of streets or highway, the street or highway right-of-way lines shall be construed to
be the boundaries.
2. Where zone boundaries are so indicated that they approximately follow barangay
boundary lines, the delineation shall be based on those indicated on the cadastral
maps.
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3. Where zone boundaries are so indicated that they are approximately parallel to the
centre lines or right-of-way lines of streets and highways, such zone boundaries
shall be construed as being parallel thereto and at such distance therefrom as
indicated in the Official Zoning Map. If no distance is given, such dimension shall
be determined by the use of the scale shown in said zoning map.
4. Where the boundary of a zone follows a stream, lake or other bodies of water, said
boundary line should be deemed to be at the limit of the political jurisdiction of the
community unless otherwise indicated.
Boundaries indicated as following
shorelines shall be construed to follow such shorelines and in the event of change
in the shorelines, shall be construed as moving with the actual shorelines.
Boundaries following bodies of water shall be subject to public easement
requirements as provided in the Water Code, in the provisions of this ordinance
and with other applicable regulations.
5. Where a zone boundary line divides a lot of single ownership, as of record at the
effective date of the LDGS, the lot shall be construed to be within the zone where
the major portion of the lot is located. In case the boundary line bisects the lot, it
shall fall in the zone where the principal structure falls.
6. Where zone boundaries are said to be as indicated in the Official Zoning Map, the
location of the parcel in consideration shall be referred to from the cadastral map
and overlain to the former.
7. The mapped location of the property in consideration shall prevail over that of the
textual description.
ARTICLE V
GENERAL REGULATIONS
Section 10.
General Provision. The Municipality recognizes that any land use is a
use by right but provides that the exercise of such right shall be subject to the review
standards of the LDGS.
Classification of Uses. Development proposals shall be classified
Section 11.
according to the allowed uses within the following zones, as defined by the HLRB:
The definition as well as the list of allowable uses within each classification as provided by
the HLRB to the above is adopted in this Ordinance and are exhibited in Appendix D.
Section 12.
Height Regulations. Unless otherwise stipulated in this ordinance,
building heights must conform with the height restrictions and requirements of the Air
Transportation Office (ATO), the National Building Code, Structural Code and other
rules and regulations related to land development and building construction.
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Section 13.
Subdivisions, Condominiums, Economic and Socialized Housing.
Projects classified as Subdivisions and Condominiums or Economic and Socialized
Housing shall conform to the rules and regulations of the following:
1. PD 957, Subdivision and Condominium Buyers Protective Law and its
implementing rules and regulations;
2. Batas Pambansa 220, Promulgation of Different Levels of Standards and
Technical Requirements for Economic and Socialised Housing Projects and its
revised implementing rules and regulations;
3. RA 7279, Urban Development and Housing Act; and
4. Other pertinent government rules and regulations.
Section 14.
Unless otherwise specified in this
Building Setback Regulations.
ordinance, building setback regulations shall be per the minimum requirements of the
National Building Code.
Section 15.
Easement. Pursuant to the provisions of the Water Code, the following
easements shall be observed:
1. The banks of rivers and streams and the shores of the seas and lakes throughout
their entire length and within a zone of three meters in urban areas, 20 meters in
agricultural areas and 40 meters in forest areas, along their margins, are subject
to easement of public use in the interest of recreation, navigation, floatage,
fishing and salvage.
No person shall be allowed to stay in this zone longer than what is necessary for
space or recreation, navigation, floatage, fishing or salvage or to build structures
of any kind.
2. Mandatory five-meter easement on both sides of earthquake fault traces on the
ground identified by PHIVOLCS.
Section 16.
Specific Provisions in the National Building Code. Specific provisions
stipulated in the National Building Code (P.D. 1096), as amended, relevant to traffic
generators, advertising and business signs, erection of more than one principal structure,
dwelling on rear lots, access yard requirements and dwelling groups, which are not in
conflict with the provisions of the Zoning Ordinance, shall be observed.
Section 17.
Network of Green and Open Spaces. All residential and commercial
subdivisions are required to provide green strips and forest parks as provided in
Sangguniang Bayan Resolution 768-99. The LDGS provides that industrial subdivisions
shall also be required to comply with the provisions of the said Resolution. For this
purpose, the suitable tree species are exhibited in Appendix E HLRB Administrative
Order No. 02 Series of 1997.
Section 18.
Projects of National Significance. Projects may be declared by the
NEDA Board as Projects of National Significance pursuant to Section 3 of Executive
Order No. 72. When a project is declared as such by the NEDA Board, the Locational
Clearance shall be issued by the HLRB pursuant to EO 72, in consultation with the
Municipality of Santa Rosa in order to ensure that the requirements of the LDGS are
met.
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Section 19.
Environmental Compliance Certificate. Projects within the scope of the
Environmental Impact Assessment System or those that are classified as
Environmentally Critical Projects or those which are located in Environmentally Critical
Areas shall not be commenced, developed or operated unless the requirements of the
Environmental Compliance Certificate have been complied with.
Section 20.
Subdivision Projects. All owners and developers of subdivision projects
shall, in addition to securing a Locational Clearance as provided by this Ordinance be
required to secure a development permit pursuant to the provisions of PD 957 and its
Implementing Rules and Regulations or BP 220 and its Implementing Rules and
Regulations in the case of Socialised Housing Projects in accordance with the
procedures laid down in EO 71, Series of 1993.
Section 21.
Infrastructure Capacities. All developments shall not cause excessive
requirements at public cost for public facilities and services and will not be detrimental to
the economic welfare of the community.
All developments shall exhibit that their
requirements for public infrastructure (such as roads, water supply and the like) are
within the capacities of the system/s serving them.
Section 22.
Major, high intensity facilities such as
Traffic Impact Assessment.
commercial-residential buildings having four floors and above, shopping centres,
schools, universities, industrial estates and/or other similar developments that are
required to provide 20 or more vehicular parking slots by the National Building Code,
shall be required to submit Traffic Impact Assessments which shall form part of the
requirements for Locational Clearance. Other traffic generating developments, as
determined by the Zoning Administrator, shall be required to submit the same.
Section 23.
Major facilities such as
Socio-Economic Impact Assessment.
industrial estates, industrial establishments, shopping centres and/or similar facilities that
require 50 or more employees during operations shall be required to submit SocioEconomic Impact Assessments which shall form part of the requirements for Locational
Clearance. Proponents shall establish that their developments shall cause direct socioeconomic benefits to the municipality such that they prioritise the hiring of qualified
residents of the municipality, provide relevant employee housing facilities/assistance
and/or prioritise the sourcing of materials and supplies from the municipality.
ARTICLE VI
INNOVATIVE TECHNIQUES
Section 24.
Innovative Techniques or Designs. For projects that introduce flexibility
and creativity in design or plan such as but not limited to Planned Unit Development,
Housing projects covered by New Town Development under RA 7279, BLISS
Commercial Complexes, etc., the Zoning Administrator shall on grounds of innovative
development techniques forward applications to HLRB for appropriate action.
ARTICLE VII
PERFORMANCE STANDARDS
Section 25.
Buffer Yards. Building setbacks shall be considered as buffer yards.
Aside from providing light and ventilation, buffers can mitigate adverse impacts and
nuisances between two adjacent developments. Whenever necessary, buffers shall be
required to be extended and/or provided with planting materials in order to ameliorate said
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negative conditions such as, but not limited to, noise, odour, unsightly buildings or danger
from fires and explosions. A buffer may also contain a barrier, such as a berm or a fence,
where such additional screening is necessary to achieve the desired level of buffering
between various activities.
1. Buffers Between Adjoining Properties. Between two different developments, e.g.
General Residential and General Commercial, the more intense land use shall
provide the proper buffer design and materials. If a development shall occur
beside a vacant lot, the owners of the properties in consideration may submit a
contractual agreement whereby the required buffer for the first area to develop
shall be reduced or waived. If additional buffer will be required at the time the
vacant lot develops, it shall be provided by the latter development.
2. Buffers on Simultaneous Developments. The more intense use shall provide the
necessary buffer in cases when two developments occur simultaneously.
3. Location of Buffers. The building setbacks shall serve as buffer locations, at the
outer perimeter of a lot or parcel. In no case shall buffers occupy public or private
street rights-of-way.
4. Types of Buffers. Landscaped buffers with suitable foliage are encouraged. On
developments where it may not be possible to put in landscaped buffers (such as
narrow lots), the developer may put up a fence provided the fencing material is
compatible with the design of the building.
5. Land Uses in Buffer Areas. Buffers are part of yards and open spaces and in no
case shall buildings encroach upon it. It may, however, be used for passive
recreation such as gardening, pedestrian trails, etc.
Section 26.
Environmental Conservation and Protection Standards. It is the intent
of the LDGS to protect the natural resources of the Municipality. In order to achieve this
objective, all development shall comply with the following regulations:
1. Views shall be preserved for public enjoyment especially in sites with high scenic
quality by closely considering building orientation, height, bulk, fencing and
landscaping.
2. The utilisation of the water resources of the Municipality for domestic and
industrial use shall be allowed provided it is in consonance with the development
regulations of the DENR, provisions of the Water Code, the Revised Forestry
Code of the Philippines, as amended, and whenever necessary, be subjected to
an Environmental Impact Assessment Study;
3. Heavy water using industrial (e.g. soft drink bottling), recreational (golf courses,
water theme parks and the like) and other facilities shall be discouraged to locate
within the Municipality;
4. Land use activities shall not cause the alteration of natural drainage patterns or
change the velocities, volumes, and physical, chemical, and biological
characteristics of stormwater. Streams, watercourses, wetlands, lakes or ponds
shall not be altered, regraded, developed, piped, diverted or built upon;
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5. All developments shall limit the rate of stormwater runoff so that the rate of runoff
generated is no more than that of the site in its natural condition; and
6. All developments shall undertake the protection of rivers, streams, lakes and
ponds from sedimentation and erosion damage.
7. The internal drainage systems of developments shall be so designed as not to
increase turbidity, sediment yield, or cause the discharge of any harmful
substances that will degrade the quality of water. Water quality shall be maintained
according to DENR DAO No. 34 Revised Water Usage and
Classification/Ambient Water Quality Criteria;
8. Municipal and industrial wastewater effluents shall not discharge into surface and
groundwater unless it is scientifically proven that such discharges will not cause
the deterioration of the water quality. Effluents shall be maintained according to
DENR DAO No. 35 91 Establishing Effluent Quality Standards for Class C
Inland Waters;
9. Floodplains shall not be altered, filled and/or built upon without proper drainage
design and without proper consideration of possible inundation effects on nearby
properties;
10. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke or
any other air polluting material that may have deleterious effects on health or
cause the impairment of visibility are not permitted. Air quality at the point of
emission shall be maintained at specified levels according to DENR DAO No. 14 Revised Air Quality Standards of 1992.
11. Mature trees or those equal to or greater than 12 inches calliper measured 14
inches above the ground shall not be cleared or cut; and
12. Easements shall at all times be observed along the banks of rivers, streams and
major National Irrigation canals (greater than 2 meters) and the shores of the lake
throughout their entire length pursuant to the provisions of the Water Code of the
Philippines; likewise irrigation canals of the National Irrigation Authority shall be
provided with similar easements.
Section 27.
Historical Preservation and Conservation Standards. Historic sites
and facilities shall be conserved and preserved. These shall, to the extent possible, be
made accessible for the educational and cultural enrichment of the general public.
The following shall guide the development of historic sites and facilities:
1. Sites with historic buildings or places shall be developed to conserve and
enhance their heritage values.
2. Historic sites and facilities shall be adaptively re-used.
Section 28.
Site Performance Standards. The Municipality considers it in the public
interest that all projects are designed and developed in a safe, efficient and aesthetically
pleasing manner. Site development shall consider the environmental character and
limitations of the site and its adjacent properties. All project elements shall be in complete
harmony according to good design principles and the subsequent development must be
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1. Allowed Uses
All uses allowed under the following classifications of the HLRB:
a. General Residential Zone
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b.
c.
d.
e.
f.
Maximum
FAR
1.0
Maximum
BHL
3.0
AISAR
Plus 10% of resultant PLO
1. Allowed Uses
All uses allowed under the following classifications of the HLRB:
a.
b.
c.
d.
e.
Maximum
FAR
2.0
Maximum
BHL
4.0
AISAR
Plus 10% of resultant PLO
Maximum
FAR
2.0
Maximum
BHL
3.0
AISAR
100% of total lot area
The design and construction of all buildings, structures and other facilities therein
shall observe a Hispanic Architectural motif, circa 1800s and must remain compatible
with the architecture of the municipal hall. The town plaza shall also be rehabilitated
along the same architectural character. Further, all commercial signages, billboards,
advertising signs and the like shall not exceed six meters in height nor shall be of
such dimensions as to dominate the visual landscape and obstruct views. Their
designs and materials shall also conform to the historic character of the District.
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Section 31.
1. Allowed Uses
All uses allowed under the following classifications of the HLRB:
a.
b.
c.
d.
e.
f.
g.
Maximum
FAR
3.0
Maximum
BHL
None
AISAR
Plus 10% of resultant PLO
3. Intensity Bonus
The LDGS encourages developments with substantial ground and air open spaces.
Developments that reduce their PLO coverage shall be entitled to the following
additional allowances in the maximum FAR and the AISAR.
PLO
Reduction
(%)
10 to 19
20 to 29
30 to 39
40 to 49
50 to 59
60 to 69
70 to 80
Section 32.
Additional
FAR
(%)
5
7
10
12
15
17
20
Additional
AISAR
(%)
10% of allowed PLO
20% of allowed PLO
30% of allowed PLO
40% of allowed PLO
50% of allowed PLO
60% of allowed PLO
70% of allowed PLO
1. Allowed Uses
All uses allowed under the following classifications of the HLRB:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Maximum
FAR
4.0
Maximum
BHL
None
AISAR
Plus 10% of resultant PLO
3. Intensity Bonus
As in GMZ-1, the following Intensity Bonus applies to developments in GMZ-2:
PLO
Reduction
(%)
10 to 19
20 to 29
30 to 39
40 to 49
50 to 59
60 to 69
70 to 80
Additional
FAR
(%)
5
7
10
12
15
17
20
Additional
AISAR
(%)
10% of allowed PLO
20% of allowed PLO
30% of allowed PLO
40% of allowed PLO
50% of allowed PLO
60% of allowed PLO
70% of allowed PLO
Section 34.
Deviation. The Local Zoning Board of Adjustment and Appeals (LZBAA)
may allow exceptions, variances or deviations from the provisions of this Ordinance only
when the following terms and conditions are existing:
1. Variance
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a. The property is unique and different from other properties in the adjacent locality
and because of its uniqueness, the owner/s cannot obtain a reasonable return on
the property.
This condition shall include at least three of the following provisions.
Conforming to the provisions of the LDGS will cause undue hardship on the
part of the owner or occupant of the property due to physical conditions of the
property (topography, shape, etc.) which is not self-created.
The variance will not alter the physical 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 the other properties in the same
zone.
That the variance will not weaken the general purpose of the LDGS and will
not adversely affect the public health, safety or welfare.
2. Exceptions
a. The exception will not adversely affect the public health, safety and welfare and is
in keeping with the general pattern of development in the community.
b. The proposed project shall support economic based activities/ provide livelihood,
vital community services and facilities while at the same time posing no adverse
effect on the zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property
in the same zone.
d. The exception will not alter the essential character and general purpose of the
zone where the exception sought is located.
Section 35.
Procedures for Granting Exceptions and Variances. The procedure
for the granting of exception and/or variance is as follows:
1. A written application for an exception or variance shall be filed with the Local
Zoning Board of Adjustment and Appeals (LZBAA) citing the section of the LDGS
under which the same is sought and stating the ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and nature
of the proposed project) shall be posted at the project site.
3. The LZBAA shall conduct preliminary studies on the application.
4. A written affidavit of non-objection of the project by the owners of the properties
adjacent to the project shall be filed by the applicant with the LZBAA at least 15
days prior to the decision for exception/variance.
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Section 42.
Existing Non-Conforming Uses and Buildings. The lawful uses of any
building, structure or land at the time of adoption or amendment of the LDGS may be
continued, although such uses do not conform with the provision of the LDGS, provided:
1. That no such non-conforming use shall be enlarged or extended to occupy a
greater area of land than that already occupied by such use at the time of the
adoption of the LDGS or moved in whole or in part, to any other portion of the lot
or parcel or land where such non-conforming use exists at the time of the
adoption of the LDGS;
2. That no such non-conforming use which has ceased operation for more than one
year be again revived as non-conforming use;
3. An idle/vacant structure may not be used for non-conforming activity;
4. That any non-conforming structure, or structures under one ownership which has
been damaged maybe reconstructed and used as before provided that such
reconstruction is not more than fifty percent (50%) of the replacement cost;
5. That should such non-conforming portion of structure be destroyed by any means
to an extent of more than fifty percent (50%) of its replacement cost at the time of
destruction, it shall not be reconstructed except in conformity with the provisions
of the LDGS;
6. That no such non-conforming use maybe moved to displace any conforming use;
7. That no such non-conforming structure may be enlarged or altered in a way
which increases its non-conformity, but any structure or portion thereof may be
altered to decrease its non-conformity; and
8. That should such structure be moved for any reason to whatever distance, it shall
thereafter conform to the regulation of the district in which it is moved or
relocated.
Section 43.
Responsibility for Administration and Enforcement. The LDGS shall
be enforced and administered by the Local Chief Executive through the Zoning
Administrator who shall be appointed by the former in accordance with existing rules and
regulations on the subject.
Section 44.
Powers and Functions of a Zoning Administrator. Pursuant to the
provisions of EO 72 implementing RA 7160 in relation to Sec. 5, Paragraph a and d, and
Section 7 of Executive Order No. 648 dated 07 February 1981, the Zoning Administrator
shall perform the following functions, duties and responsibilities:
1. Enforcement
a. Act on all applications for Locational Clearances for all projects.
Recommend to the Local Zoning Board of Adjustment and Appeals (LZBAA) the
grant or denial of applications for variances and exemptions and the issuance of
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Section 45.
Action on Complaints and Oppositions. A complaint for violation of
any provisions of the LDGS or any clearance or permits issued pursuant thereto shall be
filed with the LZBAA. Further, oppositions to application/s for Locational Clearance,
Variance or Exception shall be treated as a complaint and dealt with in accordance with
the provisions of this section.
Section 46.
Functions and Responsibilities of the Local Zoning Board of
Adjustments and Appeals. There is hereby created a LZBAA which shall perform the
following functions and responsibilities:
1. Act on applications of the following nature:
a.
b.
c.
d.
Variances
Exceptions
Non-Conforming Uses
Complaints and oppositions to application/s
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Section 49.
Composition of the Local Zoning Review Committee (LZRC). The
Local Zoning Review Committee shall be composed of sectoral experts.
These are the Local Officials/Civic Leaders responsible for the operation, development
and progress of all sectoral undertakings in the locality, e.g.:
1.
2.
3.
4.
5.
6.
7.
8.
9.
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b.
c.
Identify provisions of the LDGS that are difficult to enforce or are unworkable.
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APPENDIX A
GENERAL ZONING MAP
APPENDIX B
HISTORICAL REDEVELOPMENT DISTRICT
APPENDIX C
ROAD RIGHTS-OF-WAY ZONE
APPENDIX D
HLRB USE PROVISIONS
APPENDIX E
SUITABLE TREE SPECIES
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