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Davao City Zoning Ordinance PDF
Davao City Zoning Ordinance PDF
Present :
Absent:
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RESOLUTION NO. 10254
The proposed Amended Zoning Ordinance of Davao City for 1996, was presented for consideration and
appropriate action of the Body by Councilor Victorio S. Advincula, Floor Leader.
Councilor Advincula manifested that the Body shall continue presenting amendments to the proposed
Amended Zoning Ordinance, which were discussed during the previous sessions. He invited the
attention of the Members of the Body who made an observation to the effect that the draft coming from
the City Development Council with the Zoning Administrator’s Office who is helping and making the
draft shows that there are many provisions, which are no longer applicable.
Before the presentation of the other amendments, Councilor Advincula manifested that this draft of the
proposed Amended Zoning Ordinance submitted by the Hon. City Mayor together with the
Comprehensive Development Plan on December 27, 1995 has been subjected to thorough studies and
deliberations by the Members of the Committee and the entire Body as a Whole during several regular
and special sessions held for the purpose.
Councilor Advincula briefed the Members of the Body that this Zoning Ordinance is a regulatory
measure which is enacted to identify the various land use districts or zones, designate the allowable uses
therein and prescribe physical performance standards based on the approved general and urban land use
plans as reflected in the Comprehensive Development Plan of the City of Davao which was adopted by
the Sangguniang Panlungsod per Resolution No. 10105, with its corresponding Ordinance No. 3936,
series of 1996 for the City of Davao to achieve the development goals, objectives and policies contained
in the said plan.
Councilor Advincula therefore moved for the amendments as enumerated and read on records.
He likewise manifested that these proposed amendments already presented and approved by the Body
shall be incorporated in the Amended Zoning Ordinance of the City of Davao for 1996 and that the City
Planning and Development Coordinator will make the necessary incorporation of these amendments
already approved by the Body of the draft as previously presented to the Body. The amendments of
which are hereby reflected in the Minutes of the Special Session.
Considering that there were no other amendments presented, Councilor Advincula proposed for its
approval.
After careful deliberation, on motion of Councilor Victorio S. Advincula, duly and jointly seconded by
Councilors Antonio Vergara, Shane Dolor, Nenita Orcullo, Valentino Banzon, Myrna Dalodo-Ortiz,
Marlene Librado, Tomas Monteverde, III, co-sponsored jointly by Councilors Antonio Vergara,
Marilyn Librado, Danilo Dayanghirang, Paz Mata, Alfredo Vergara and Shane Dolor, it was
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RESOLVED, FURTHER, to approve an Ordinance, entitled:
Whereas, to address the present and future development of the City, there is a need to revise the
zoning regulation.
Whereas, the enactment of a Zoning Ordinance is necessary to regulate the use of the city’s land
resources in the implementation of the Comprehensive Development Plan of Davao City.
Now, therefore, be it ordained and enacted by the Sangguniang Panlungsod of Davao City in
session assembled, the herein Zoning Ordinance , providing for the administration, enforcement
and amendments thereof, and for the repeal of all ordinances in conflict therewith.
ARTICLE I
SECTION 1. TITLE OF THE ORDINANCE. This shall be known as the Revised Zoning
Ordinance of 1996 of the City of Davao.
ARTICLE II
SECTION 1. AUTHORITY. This ordinance is enacted pursuant to the provisions of R.A. 7160
otherwise known as the Revised Local Government Code of 1991, subject to the provision of pertinent
existing laws.
1. Guide, control and regulate future growth and development of Davao City in accordance with its
Comprehensive Development Plan;
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2. To define and delineate the land use for Residential, Commercial, Industrial, Institutional,
Agricultural, Open Space and other functional areas within the locality and promote the orderly
and beneficial development of the same.
3. Promote and protect the environment, health, sanitation, safety, peace, comfort, convenience
and general welfare of the inhabitants in the locality.
4. Provide adequate natural light and air ventilation, maximum privacy and convenience of access
to property;
5. Prevent undue concentration of activities which may collectively cause undue harm to the city’s
populace;
6. Regulate the location and use of buildings and lands in such a manner as to obviate the danger
to public safety caused by undue interference with existing or prospective traffic movements on
such streets and thoroughfares.
7. Provide safety from fire, pollution and other environmental hazards to life and property: and;
8. Harmonize pertinent provisions of this Zoning Ordinance with relevant provisions embodied
in the Urban Development and Housing Act of 1992 (RA 7279), National Building Code of the
Philippines (P. D. 1096), the Code on Sanitation of the Philippines (P. D. 856), the Philippines
Environment Code (P. D. 1152), the Water Code of the Philippines (P.D. 1067), the National
Pollution Control Decree of 1976 (P.D. 984), the Provincial Water Utility Act of 1973 (P. D.
198) as amended.
ARTICLE III
DEFINITION OF TERMS
The definition of technical terms in the Zoning Ordinance shall carry the same meaning given
to them in already approved codes, rules and regulations, such as but not limited to the National
Building Code. Water Code. Philippine Environment Code. Code on Sanitation. the National Pollution
Control Act of 1976, the Provincial Water Utility Act of 1973 as amended, and the Urban Development
and Housing Act of 1992 and other Implementing Rules and Regulations, promulgated by the HLRB.
The words, terms, and phrases enumerated hereunder shall be understood to have the meaning
correspondingly indicated as follows;
GENERAL :
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1. Agricultural Zone (Ag) - A division of an area designed for cultivation/fishing & pasteural
activities e.g. fish farming, cultivation of crops, goat/ cattle or fowl raising, etc.
2. Agro-Industrial Zone (Ag1) - A division of an area designed primarily for integrated farm
operations and related product, cultivation of crops, goat/cattle raising, etc.
3. HLRB/Board - shall mean the Housing and Land Use Regulatory Board.
4. 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 structures are allowed.
6. Central Business District - it shall refer to areas designed principally for trade, services and
business purposes (Commercial 1 Zone)
7. Certificate of Non-Compliance - certificate issued to owners of all uses existing prior to the
approval of the Zoning Ordinance, which do not conform in a zone as per provision of the said
Ordinance. (See Section 4, Article X)
8. Compatible Use - uses or land activities capable of existing together harmoniously e.g. residential
and parks and playground.
10. Conflicting Uses - uses or land activities with contrasting characteristics sited adjacent to each
other e.g. residential units adjacent to industrial plants.
11. Conforming Use - a use that is in accordance with the zone classification as provided for in the
Ordinance.
12. Conservation Zone - refers to environmentally critical areas in the hinterlands that should be
conserved and free from human exploitation.
13. Easement - open space imposed to any land use/ activities sited along waterways, road right-of-
ways, cemeteries/ memorial parks and utilities etc.
14. Environmentally Critical Areas - refer to those areas, which are environmentally sensitive and are
listed in Presidential Proclamation 2146 dated December 14, 1981 (Refer to Annex A).
15. Environmentally Critical Projects - refer to those projects, which have high potential for negative
environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981
(Refer to Annex A).
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16. Exception- a device which grants a property owner relief from certain provisions of a Zoning
Ordinance where because of the specific use would result in a particular hardship upon the owner,
as distinguished from a mere inconvenience or a desire to make more money.
17. 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.
18. Forest Zone (FZ)- A division of an area intended primarily for forest management purposes.
19. General Commercial Zone (GC)- A division of an area principally for trading/ services/ business
purposes.
20. General Industrial Zone (G1) - A subdivision of an area principally for industrial purposes.
21. General Institutional Zone (Gin) - A division of an area principally for general types of
institutional establishments e.g. government offices, schools, hospital/ clinics, academic/research,
convention centers.
22. General Residential Zone (GR)- A division of an area principally for dwelling /housing purposes.
23. General Zoning Map- a duly authenticated map delineating the different zones into which the
whole city/municipality is divided.
24. Gross Floor Area (GFA) - the GFA of a building is the total floor space within the perimeter of the
permanent external building walls, occupied by:
• office areas;
• residential areas;
• corridors;
• lobbies;
• mezzanine;
• vertical penetrations, which shall mean stairs, fire escapes, elevator shafts; flues pipe shafts,
vertical ducts, and the like, and their enclosing walls;
• rest rooms or toilets;
• machine rooms and closets;
• storage rooms and closets;
• covered balconies and terraces;
• interior walls and columns, and other interior features;
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But excluding:
• covered areas used for parking and driveways, including vertical penetrations in parking
floors where no residential or office units are present;
• Uncovered areas for AC cooling towers, overhead water tanks, roof decks laundry areas and
cages, wading or swimming pools, whirlpools or Jacuzzis, garden, courts or plazas.
25. Heavy Industrial Zone (I3) - A subdivision of an area principally for the following types of
industries :
a. highly pollutive/ non-hazardous
b. highly pollutive/ hazardous
c. pollutive/extremely hazardous
d. non-pollutive/extremely hazardous
e. highly pollutive/extremely hazardous
26. High Density Residential Zone (R-3)- subdivision of an area principally for dwelling/housing
purposes, with a dwelling density of 66 or more dwelling units per hectare.
27. Highly Urbanized Cities - cities with a minimum population of 200,000 inhabitants as certified by
the National Statistics Office and with the latest annual income of at least P 50,000,000 based on
1996 constant prices as certified by the City Treasurer (RA 7160).
28. Innovative Design-introduction and /or application of new/creative designs and techniques in
development projects e.g. PUD, New Town, etc.
29. Light Industrial Zone (I1)- A subdivision of an area principally for the following types of
industries:
a. non-pollutive/ non-hazardous
b. non-pollutive/ hazardous
30. Locational Clearance - a clearance issued to a project that is allowed under the provisions of this
Zoning Ordinance and upon compliance to specific guidelines and standard outside of Zoning
Ordinance provisions, particularly for projects of national significance, e.g. subdivision
development, cockpit, cemetery/memorial parks, funeral parlor, etc.
31. Low Density Residential Zone (R-1)- A subdivision of an area principally for dwelling/housing
purposes with a dwelling density of 20-dwelling units and below per hectare.
32. Major Commercial Zone (C-2) - A subdivision of an area with quasitrade business activities and
service industries performing complementary/ supplementary functions to principally commercial
zone (CBD).
33. Medium Density Residential Zone (R-2)- A subdivision of an area principally for dwelling/
housing purposes with a dwelling density of 21 to 65 dwelling units per hectare.
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34. Medium Industrial Zone (I2) - A subdivision of an area principally for the following types of
industries :
a. pollutive/ non-hazardous
b. pollutive/ hazardous
35. Minor Commercial Zone (C-1) - A subdivision of an area principally for trade, services and
business activities ordinarily referred to as the Central Business District.
36. Mitigating Device- a means to grant relief in complying with certain provisions of the Ordinance.
37. New Town- it is a town deliberately planned and built which provide basic amenities, in addition
to house, employment, shopping, education, recreation, culture and other services normally
associated with a city or town.
38. 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. (See Sec. 5 Article X)
39. Parks and Recreation Zone (PR)- A division of an area designed for diversion/amusements and for
the maintenance of ecological balance of the community.
40. Planned Unit Development (PUD)- it is a land development scheme wherein project site is
comprehensively planned as an entity via unitary site plan which permits flexibility in
planning/design, building siting, complementary of building types and land uses, usable open
spaces and the preservation of significant natural land features which shall be designed within the
context of balance ecology/ environment.
41. Protected Area - Residential and Socialized Housing Protected (PR1, PR2, PR3, SHPZ) areas,
shall have a complete sanitary sewerage system with a primary and secondary treatment facilities.
Disposal of effluent are subject to the rules & regulations of the governing government agencies.
42. Protected General Institutional Zone (PGin) - A division of an area principally for general types of
institutional establishments e.g. government offices, schools, hospital/ clinics, academic/research,
convention centers. Development of this area will require a complete sanitary sewerage system
with primary and secondary treatment facilities. Disposal of such effluent are subject to the rules
and regulations of the governing government agencies.
43. Protected High Density Residential Zone (PR3)- A subdivision of an area principally for
dwelling/housing purposes with a dwelling density of 66 or more dwelling units per hectare.
Development of this area will require a complete sanitary sewerage system with primary and
secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of
the governing government agencies.
44. Protected Light Industrial Zone (PI-1)- A subdivision of an area principally for the following
types of industries :
a. non-pollutive/ non-hazardous
b. non-pollutive/ hazardous
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Development of this area will require a complete sanitary sewerage system with primary and secondary
treatment facilities. Disposal of such effluent are subject to the rules and regulations of the
governing government agencies.
45. Protected Low Density Residential Zone (PRI)- A subdivision of an area principally for
dwelling/housing purposes with a dwelling density of 20 dwelling units and below per hectare.
Development of this area will require a complete sanitary sewerage system with primary and
secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of
the governing government agencies.
46. Protected Major Commercial Zone (C-2) - A subdivision of an area with quasitrade business
activities and service industries performing complementary/ supplementary functions to
principally commercial zone (CBD). Development of this area will require a complete sanitary
sewerage system with primary and secondary treatment facilities. Disposal of such effluent are
subject to the rules and regulations of the governing government agencies.
47. Protected Medium Density Residential Zone (PR2)- A subdivision of an area principally for
dwelling/housing purposes with dwelling density of 21 to 65 dwelling units per hectare.
Development of this area will require a complete sanitary sewerage system with primary and
secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of
the governing government agencies.
48. Protected Medium Industrial Zone (PI-2) - A subdivision of an area principally for the following
types of industries :
a. pollutive/ non-hazardous
b. pollutive/ hazardous
Development of this area will require a complete sanitary sewerage system with primary and secondary
treatment facilities. Disposal of such effluent are subject to the rules and regulations of the
governing government agencies.
49. Protected Minor Commercial Zone (PC-1) - A subdivision of an area principally for trade,
services and business activities ordinarily referred to as the Central Business District.
Development of this area will require a complete sanitary sewerage system with primary and
secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of
the governing government agencies.
50. Public Warehouse - refers to a storage and/or depository of those in business of performing
warehouse services for others for profit.
51. Rezoning - a process of introducing amendments to or a 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..
54. Setback - the open space left between the building and lot lines.
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55. Socialized Housing Zone (SHZ) - shall be used principally for socialized housing/dwelling
purposes for the underprivileged and homeless as defined in RA 7279.
56. Special Institutional Zone (Sin)- A division of an area principally for particular types of
institutional establishments e.g. welfare homes, orphanages, home for the aged, rehabilitation and
training centers, military camps/ reservation/bases/training grounds, etc.
57. Temporary Use Permit- permit issued on establishments based on conditions stipulated in Article
VIII Section 32 of this Zoning Ordinance.
58. Tourism Development Zone (TDZ) - are sites endowed with natural or manmade physical
attributes and resources that are conducive to recreational leisure and other wholesome activities.
59. Urban Area- it shall refer to barangay/s or portion of which comprising the Central Business
District (CBD) and the built-up area, including its urbanizable land, adjacent to the CBD.
60. Urban Zoning Map- a duly authenticated map delineating the different zones into which the urban
area and its expansion area are divided.
61. Urbanizable Land - area designated as suitable for urban expansion by virtue of land use studies
conducted.
62. Variance- a special locational clearance which grants a property owner relief from certain
provisions of a Zoning Ordinance where because of the peculiar physical surroundings, shape or
topographical condition of the property, compliance on height, area, setback, bulk and /or density
would cause undue hardship upon the owner, as distinguished from a mere inconvenience or a
desire to make more money.
63. Water Zone (WZ)- A division of an area intended for bodies of water, which include rivers,
streams, lakes, and seas except those included in other zone classification.
64. Zone/District - A division of an area or territory for specific land use as defined by mandate or
natural boundaries.
65. Zoning Administrator- a technically qualified government employee responsible for the
implementation / enforcement of the Zoning Ordinance in a community.
66. Zoning Ordinance - a local legal measure, which embodies regulations affecting land use.
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SUPPLEMENTARY :
1. Accessory/Incidental Use - A use incidental and subordinate to the principal use of the building
and/or land.
2. Accretion - The gradual and imperceptible accumulation of land on existing property by natural
cause in the case lands located along rivers, lakes or other bodies of waters.
3. Additional, Alterations, repairs - Changes in an existing building involving interior or exterior work
and/ or increase or decrease in its area.
4. Alley - Any public space or thoroughfare that has been dedicated or deeded to the public or public
use as a passageway with a width of not more than 3.00 meters.
5. Apartel - Any building or edifice containing several independent and furnished or semi-furnished
apartment, regularly leased to tourists and other travelers for dwelling on a more or less long term
basis, and offering basic services to its tenant, similar to hotels.
6. Apartment - A room or suite of two or more rooms designed and intended for, or occupied by one
family for living, sleeping and cooking purposes.
7. Boarding House - A house with several sleeping rooms where boarders are provided with lodging
and meals for a fixed sum paid by the week or month.
8. Botanical Garden - A tract of land used for the culture and study of plants, collected and grown for
scientific study and display purposes.
9. Building - A constructed edifice designed to stand more or less permanently, covering a space of
land, usually covered by a roof, more or less enclosed by walls and supported by columns, and
serving as a dwelling, factory, shelter for animals, etc.
10. Building Accessory - A building subordinate to the main building located on the same lot, the use of
which is necessary/ incidental to the use and enjoyment of the main building. Example: servant’s
quarter, garage, etc.
11. Building Area - The remaining space in a lot after deducting the required minimum open space.
12. Building Main - The principal structure wherein the prime use of the land on which it is situated is
conducted.
13. Cottage Industry - Any establishment or firm that conforms to the standards set forth by the
Department of Trade and Industry (DTI).
14. Dormitory - A building where persons are provided with board and lodging facilities in common
halls, for a compensation.
15. Dwelling - Any building or any portion thereof intended or designated to be built, used, rented.
leased, lent or hired out to be occupied, or which are occupied for living or residential purposes.
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16. Dwelling, One -Family Detached - A one family house having one party wall and two side yards.
17. Dwelling, One- Family Semi-Detached - A one family dwelling as above defined except that it is
provided with 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 provided complete living facilities for one hundred.
19. Dwelling, Multi- Family - A building used as a house or residents of three (3) or more families
living independently from one another, each occupying one or more rooms as a single housekeeping
unit.
20. Family - A group of individuals related by blood, living under one roof and condensed as part of a
single housekeeping unit.
21. Filling Station - A retail station serving automobiles and other motor vehicles with gasoline and oil
only.
22. Foreshore - The strip of land that lies between the high and low water marks and that is alternately
wet and dry according to the flows of the tide.
23. Garage, Commercial - A garage where automobiles and other types of motor vehicles are housed,
maintained, equipped, repaired or kept for remuneration, hire or sale.
24. Garage, Private - A building or portion of a building in which only motor vehicles used by the
tenants of the building or buildings on the premises are stored or kept.
25. Guard House - An accessory building or structure used by a security guard while on duty.
26. Home Occupations - An occupation or business conducted within the dwelling unit.
27. Hospital - An institution providing health services, primarily for inpatient, and medical or physical
care of the sick or the injured including all related integral parts thereof, such as laboratories,
outpatient department, training facilities, and staff offices.
28. Hotel - A building or a part thereof with rooms occupied or intended to be occupied for hire as
temporary aboding place of individuals. It is usually provided with a general kitchen and public
dining room service without provision for cooking in any individual suite or room.
29. Lot - A parcel of land on which a principal building and its accessories are placed or may be placed
together with the required open space.
30. Manufacturing Industry - An industry which involves the chemical or mechanical transformation of
inorganic products whether it is done in house or in a factory.
31. Motel - Any structure with several separate units with sufficient parking space primarily located
along the highway or close to a highway where motorist may obtain lodging and in some instances,
meals.
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32. Museum - A nonprofit, non-commercial establishment operated as a repository or a collection of
natural scientific, literacy or cultural objects or interest such as work of art. This does not include
the regular sale distributions of objects collected.
33. Nursery/ Day Care Centers - a place where the pre-school children are temporarily trained and cared
for in the absence of their parents.
34. Open Storage - A designated open area for storing bulks of any particulars stock without any roof
and exposed to the elements.
35. Park - A pleasure ground set part for recreation of the public to promote sound health and
enjoyment.
36. Parking, Multilevel - A building of several floors used for temporary parking motor vehicles, which
may be provided with services allowed in a service stations.
37. Parking Lot - An offstreet open area, principally used for parking motor vehicles whether for
compensation or not, by the public clients or customer.
38. Private Pet House - A building or structure for keeping domestic pets, for the enjoyment as well as
protection of the residents’ family members.
39. PUB Terminal - A main station or designated place where public utility buses/ vehicles shall only
load or unload passengers and/ or goods.
40. Reclamation - Land reclaimed from the sea and other bodies of water.
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 facilities, where each apartment owner having exclusive ownership and
possession of is apartment.
43. Servant’s Quarter - A room within the dwelling or in an accessory building were servant’s maids, or
helpers of the family are housed.
44. Service Station - A building and its premises where gasoline, oil, batteries, tires and car accessories
may be supplied and dispensed at retail and where, in addition, the following services may be
rendered among others.
44.1. Sale and serving of minor motion components and accessories of spark plugs,
batteries and distributor.
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44.4. Washing and polishing, and sale of automotive washing and polishing materials,
greasing and lubrication.
44.5. Sales of soft drinks, package foods, tobacco and similar convenient goods for
service station customers as accessory and incidental to the principal operations.
Note : Major, mechanical and body work, straightening of body parts, painting, welding, storage of
automobiles which are not in operating conditions, or other works involving noise, glare, fumes, smoke
of other characteristics to any extent greater than normally found in service stations are not permitted at
a service station.
45. Shopping Center - A group of ( not less than 15) contiguous retail stores, originally planned and
developed as a single unit, with immediate adjoining offstreet parking facilities.
46. Store - A building or structure devoted exclusively to the retail sale of a commodity or commodities.
47. Theater - A structure used for dramatic, operatic, motion picture and other performances for
admission to which entrance fee or money is received but no audience participation and meal service
are allowed.
48. Tourist Inn or Pension House - Any building or structure regularly catering to tourist and travelers,
containing several independent rooms, providing common facilities such as toilet rooms, living and
dining rooms and kitchen, and where a combination of board and lodging may be provided.
49. Warehouse - Any building/structure, the primary or principal purpose of which is the storage in bulk
or in large quantities of goods, wares, merchandise, utilities including hemp, cement, fertilizer,
carbon, forest products, etc. Said building/structures must be of such size that it can accommodate
inside and within its premises, cargo/delivery trucks to facilitate the loading and unloading of the
stored items/ commodities therein.
50. 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.
51. Zone - District into which the community is divided where regulations are applicable.
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ARTICLE IV
ZONE CLASSIFICATION
SECTION 2. ZONING MAPS. It is hereby adopted as an integral part of this Ordinance, the
Official Zoning Maps for the urban and urbanized areas and for the whole city (General), duly prepared
by the Office of the City Planning and Development Coordinator, wherein the designation, location and
boundaries of the districts/zones herein established are shown and indicated. Such Official Zoning Maps
shall bear the signature of the City Mayor and authenticated by the City Planning and Development
Coordinator.
SECTION 3. ZONE BOUNDARIES. The locations and boundaries of the above mentioned
various zones indicated in the abovecited maps into which the city has been divided are hereby
identified and specified as follows in the Zoning Ordinance.
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Low Density Protected Residential Zone (PR-1)
Boundary Identification
14. NE - By (PC-2) # 16, (PGIns) # 14 and Brgy. Road going to Bago Oshiro
at Brgy. Bago Gallera
SE - By Creek
SW - By Creek
NW - By Libby Road, (PC-2) # 16 and (PGIns) # 14
15. NE - By Brgy. Road going to Bago Oshiro and Creek at Brgy. Bago Gallera
SE - By (PR-2) #12 , Creek and (PC-2) # 12
SW - By Brgy. Road
NW - By Creek
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SW - By Creek and Brgy. Road
NW - By Libby Road
Boundary Identification
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13. N - By (C-2) # 21 at Brgy. Bucana
SE - By (C-2) # 21
S - By (C-2) # 21
W - By (C-2) # 21
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SPECIAL INSTITUTIONAL ZONE (Sins)
Boundary Identification :
Boundary Identification :
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4. NE - By Agr’l Zone at Brgy. Dacudao
SE - By Agr’l Zone
SW - By Brgy. Lacson-Dacudao Road
NW - By Brgy. Road
5. NE - By Brgy. Lacson-Dacudao Road
S - By (R-2) # 41
NW - By Brgy. Road
16. N - By (I-1) # 16
E - By (I-1) # 16
S - By Creek, (I-1) # 24
W - By Proposed Major Road
Boundary Identification :
2. NW - By (C-2) # 23
SE - By Candelaria Drive at Brgy. Bucana
SW - By Road
9. NE - By Davao Gulf
SE - By Davao Gulf
SW - By Davao Gulf
NW - By (PI-2) # 11 at Brgy. Daliao/Lizada
Boundary Identification:
Boundary Identification :
Boundary Identification:
2. NE - By Inawayan River
SE - By (PI-1) # 1
SW - By Brgy. Road going to Baracatan
NW - By Agr’l Zone at Brgy. Baracatan
3. NE - By Creek
SE - By (PI-1) # 2
SW - By Inawayan River
NW - By Agr’l Zone at Brgy. Tibuloy
4. N - By Talomo Creek
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E - By Talomo Brgy. Road going to Beach and Talomo Creek
S - By Davao Gulf
W - By Talomo Creek
8. N - By (C-2) # 3
E - By Old Provincial Road
S - By Old Provincial Road and (GIns) # 31
W - By (GIns) # 31 and Talomo Brgy. Road
10. NE - By (R-1) # 7
SE - By Matina Aplaya-Matina Crossing Road
SW - By Proposed Major Road
NW - By Matina River
11. NE - By (C-2) # 15
E - By (R-2) # 82, (GIns) # 37 and (R-2) # 82
S - By (R-2) # 82, and (SHZ) # 5
W - By (GIns) # 36 and Matina Aplaya- Matina Crossing Road
NW - By Matina Aplaya- Matina Crossing Road and (GIns) # 35
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Boundary Identification :
21. NE - By (I-1) # 4
SE - By Calinan-Dacudao Road
SW - By (I-1) # 4
NW - By (I-1) # 4
Boundary Identification :
Boundary Identification :
Boundary Identification :
19. NE - By (I-1) # 4
SE - By Calinan-Dacudao Road and (C-2) # 50
SW - By (C-2) # 50 and Proposed Road and National Highway
NW - By (I-1) # 4, and Proposed Road
27. N - By (R-2) # 75
E - By Brgy. Road
S - By (R-2) # 75 at Brgy. Talomo
W - By (R-2) # 75
41
33. NE - By National Highway
SE - By (C-2) # 9 and (R-1) # 6
SW - By (R-1) # 6
NW - By (R-1) # 6 and (C-2) # 7
36. N - By (R-3) # 11
E - By (R-3) # 11
S - By (R-3) # 11
W - By Matina Crossing-Matina Aplaya Road
45
72. N - By (C-1) # 23 at Poblacion District
E - By (C-1) # 23 and (R-3) # 23
S - By (R-3) # 23
W - By (C-1) # 23
86. NE - By R. Magsaysay St. at Poblacion District (Sta. Ana Dist. Sch. Site)
SE - By Sales St. and Pioneer St.
SW - By D. Ponce St.
NW - By D. Suazo St.
93. NE - By Rosa Sanz St. at Poblacion District (Sta. Ana Church and Holy
Cross College)
SE - By Chavez St.
SW - By Sta. Ana Ave. And de Guzman St.
NW - By (C-1) # 18
49
111. N - By (R-1) # 49 at Agdao District
E - By (R-1) # 49
S - By (R-1) # 49
W - By (R-1) # 49 and (R-3) # 25
Boundary Identification :
4. NE - By Marapanggi Creek
SE - By (PI-1) # 17 and (PI-1) # 18
SW - By Sirawan-Catigan Road
NW - By Agr’l Zone
5. NE - By Brgy. Road
SE - By (PI-1) # 21
SW - By Marapanggi Creek
NW - By Agr’l Zone
6. NE - By Sirawan River
SE - By (PI-1) # 21
SW - By Brgy. Road
NW - By Agr’l Zone
7. NE - By Creek
SE - By Sirawan River
54
NW - By Agr’l Zone
9. NE - By Bato River
SE - By (PI-1) # 25, Creek and (I-1) # 26
SW - By Bato Brgy. Road
W - By Bato Brgy. Road
17. NE - By Road
SE - By Libby Road
55
SW - By Creek
NW - By (GIns) # 4
19. NE - By Road
SE - By (GIns) # 4
SW - By Road
NW - By Road
59
58. N - By Catalunan Grande Brgy. Road at Brgy. Catalunan Grande
E - By Catalunan Grande Brgy. Road and (C-2) # 38
S - By (C-2) # 38 and Proposed Major Road
W - By Talomo River
66
MEDIUM DENSITY PROTECTED RESIDENTIAL ZONE (PR-2)
Boundary Identification :
Boundary Identification :
70
24. NE - By Bato River at Brgy. Lubogan
SE - By (PR-1) # 8
SW - By J. delos Reyes St.
NW - By Proposed Major Road
Boundary Identification :
6. N - By Dacudao River
E - By (R-2) # 42
W - By Dacudao River
Boundary Identification :
Boundary Identification :
Boundary Identification :
3. NE - By Bunawan River
SE - By (I-2) #’s 21, 20, 17 and 16
SW - By (OSE) of Tibungco-Gatungan Road
NW - By Bunawan River
78
Boundary Identification :
Boundary Identification :
8. NE - By Bacaca Road
SE - By Circumferential Road
SW - By (PR) # 9
NW - By (R-2) # 99
9. NE - By Bacaca Road
SE - By (R-3) # 24
NW - By Circumferential Road
SW - By (GIns) # 98
10. NE - By (R-3) # 24
SE - By (C-2) # 62
SW - By DMC Road
NW - By (GIns) # 98
22. NE - By (C-2) # 66
SE - By ML. Quezon Blvd. at Poblacion District
SW - By Pichon St.
NW - By CM. Recto St.
23. NE - By (PR) # 10
SE - By (R-3) # 23 and (GIns) # 72
81
SW - By Davao River
NW - By ML. Quezon Blvd./Quimpo Blvd, Poblacion District
82
33. N - By (R-2) # 125 and (R-3) # 33 at Brgy. Lasang
E - By Lasang River
S - By Major Road
W - By (R-2) # 125
84
1. N - By (R-2) # 72 , (R-2) # 73 at Brgy. Talomo
E - By Major Road (Davao-Bukidnon Road)
S - By Major Road (Davao-Cotabato Road)
W - By Libby Road
85
11. NE - By (R-2) # 79 and Matina River at Brgy. Matina Crossing
SE - By Brgy. Road going to Matina Pangi
SW - By Major Road (Dvo-Cot. Road)
NW - By Matina River
15. NE - By Major Road (Dvo-Cot. Road) and Quimpo Blvd. at Brgy. Matina Crsg
SE - By Subd. Road
SW - By (R-1) # 8, (R-3) # 12, (R-2) # 82, (R-3) # 11 and (GIns) # 35
NW - By Brgy. Road going to Matina Pangi
86
21. N - By Quimpo Blvd. and (R-1) # 13 at Brgy. Bucana
E - By (R-1) # 13
S - By Doña Candelaria Drive and (R-1) # 13
W - By Tulip Drive and (R-1) # 13
SE - By Ecoland Drive
88
40. NE - By (R-2) # 63 at Brgy. Bago Oshiro
SE - By Libby Road
SW - By Bago Road
NW - By (R-2) # 63
44. NE - By (R-2) # 53
S - BY (GIns) # 10
SW - By Major Road (Dvo-Bukidnon Road) at Brgy. Tugbok
NW - By Creek
46. NE - By River
SE - By Creek
SW - By Major Road (Dvo-Bukidnon Road) and (GIns) # 13 at Brgy. Tugbok
NW - By Major Road
89
50. NE - By (GIns) # 19 at Brgy. Calinan
SE - By Calinan-Dacudao Road
SW - By Major Road
NW - By (GIns) # 19
90
60. N - By J.P. Laurel Ave. at Poblacion District
E - By (R-1) # 48, (C-1) # 25 and (GIns) # 102
S - By Trade School Drive (Now Loyola St.)
W - By J.P. Laurel Ave.
91
70. N - By (R-2) # 101 at Brgy. Buhangin
E - By Road to Belisario Subd.
S - By JP. Laurel Ave.
W - By (GIns) # 113
71. N - By (R-1) # 50 at Brgy. Buhangin
E - By (R-2) # 102 and (GIns) # 114
S - By (GIns) # 114 and JP. Laurel Ave.
W - By Road to Belisario Subd.
74. NE - By (CZ) # 7, (I-1) # 13, (R-1) # 52 and (GIns) # 119 at Brgy. Pampanga
SE - By (I-1) # 13,(R-1) # 51 & 52 and Major Road (Dvo-Agusan Road)
SW - By Mamay Road, JP. Laurel Avenue
NW - By (R-1) #51 & 52,Mamay Road and Major Road (Diversion Road)
82. N - By Panacan River, (C-1) # 25, (PR) # 13 and (SHZ) # 11 at Brgy. Panacan
E - By Major Road (Davao-Agusan Road)
S - By Major Road (Diversion Road)
W - By (C-1) # 25 and (TU) # 8
Boundary Identification :
2. . N - By Davao River
E - By Davao Gulf
96
S - By Davao Gulf
W - By Davao Gulf
97
SECTION 4. 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 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 the lot lines, such lot
lines shall be construed to be the boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the center lines or
right-of-way lines of streets and highways , such zone boundaries shall be construed as being
parallel thereto and at such distance there from as indicated in the zoning map. If no distance is
given, such dimension shall be determined by the use of the scale 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, 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 and in the event of change in the shorelines, shall be construed as
moving with the actual shorelines.
6. Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided by a
zone boundary line, the lot shall be construed to be within the zone where the major portion of
the lot is located. In case the lot is bisected by the boundary line, it shall fall in the zone where
the principal structure falls.
7. Where zone boundary is indicated as one lot deep, the said depthness shall be construed to be the
average lot depth greater than said average, the remaining portion of said lot shall be construed
as covered by the one lot deep zoning district provided the remaining portion has an area less
than fifty percent (50%) of the total area of the entire lot. If 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.
8. The textual description of the zone boundaries shall prevail over that of the Official Zoning
Maps.
ARTICLE V
ZONE REGULATIONS
SECTION 1. GENERAL PROVISION. The uses enumerated in the succeeding section are
nor exhaustive not all-inclusive. The Sangguniang Panlungsod may allow other uses not enumerated
hereunder as it may deem fit on proper.
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Specific uses/ activities of lesser density or intensity within a particular zone (RI/PRI) may be
allowed within zone of higher density (R2/PR2, R3/PR3) but not vise versa, or not in another zone of
different nature and its subdivisions (e.g. C-1, C-2), except for uses expressly allowed in said zones,
such that the cumulative effect of zoning shall be intrazonal and not interzonal.
a. servants quarter
b. private garage
c. guardhouse
6. Home occupation for the practice of one’s profession or for engaging in an in-house
personal services such as dressmaking, tailoring, baking, running a sarisari store, beauty
parlors, barber shops and the like , provided that :
a. The number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner;
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 and in a
place other than in a required front yard;
e. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors or electrical interference that is adversely detectable to
the normal senses and visual or audible interference in any radio or television
receivers or causes fluctuations in line voltage off the premises.
99
7. Home industry classified as cottage industry provided that :
a. such home industry shall not occupy more than thirty percent (30%) of the actual
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 a hazard/nuisance;
8. Recreational facilities for the exclusive use of the members of the family residing within the
premises, such as :
a. swimming pool
b. tennis/pelota court
c. others
d. Police/Fire Sub-station
12. Mini-marts
13. Neighborhood laundry shops and dry-cleaning services subject to the conditions stipulated
under Item No. 6 of this section.
4. Dormitory houses
5. Hometels
6. Medium rise apartel buildings of not more than four (4) storeys located along major
thoroughfares
7. Vocational school
a. For livestock. a maximum of two (2) heads in urban and ten (10) heads in rural areas.
And for fowl , a maximum of 100 birds in urban and 500 birds in rural areas;
b. A written consent of the affected adjacent lot owner & homeowners if any, shall be
secured & submitted to the Zoning Administrator
f. In case of residential subdivision, the provisions stipulated in the contract between the lot
buyer and the subdivision developer/owner shall prevail over that of the Zoning
Ordinance, provided that the limitations herein are observed.
3. Cooperative centers/offices
4. Training centers
6. Primary hospitals
8. Socialized Housing
9. Relocation Projects
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c. grocery /mini marts
d. supermarket
j. photo shop
k. flower shop
l. pet shop
q. shoe shops
1. books
2. used clothing
a. food mart
c. restaurants/eateries
103
d. fast food center
g. fruit stand
h. candy shop
a. beauty parlor
b. barber shop
e. medical clinic
f. aerobics/body bar
h. portrait shops
a. moviehouse/theater
e. swimming pool
f. day and night clubs, disco pub, videoke/ karaoke/KTV bars, beer/pubhouses, bars and
the like subject to existing local ordinances/ regulations as to its distance from the
nearest institutional structures such as schools, churches, hospital and the like.
h. skating rinks
a. dancing schools
c. driving schools
d. speech clinics
a. residential condominium
b. hotel
c. apartel
d. pension/lodging house/inn
e. apartments
f. boarding houses
g. dormitory
h. storerooms and similar storage facilities necessary for the effective conduct of the
business
a. colleges/universities
b. embassy/consulate
c. library/museum
e. government offices
f. hospitals
105
g. scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
b. hardware/ auto supply and spare parts with storerooms incidental to the principal use
c. filling/service station
d. vocational/technical school
i. watch, locksmith and other light electrical and mechanical repair shops
l. messengerial services
m. janitorial services
n. security agency
o. recruitment agency
r. clubhouse
s. booking office
u. advertising office
106
v. radio, TV and other communication facilities
SECTION 10. USE REGULATIONS IN C-2 ZONE. A C-2 Zone shall be quasi-trade,
business activities and service industries performing complimentary/ supplementary functions to
principally Commercial Zone (CBD). Within the C-2 Zone the following uses are allowed :
a. house appliances
b. motor vehicle and accessory shops (Note : all shops shall be provided with adequate
working space and no vehicle repair or no storage shall be allowed on the road right-
of-way.)
3. Satellite PUJ terminal provided it is located outside Central Business District (CBD) and
upon the recommendation of the Office of the City Planning & Dev’t Coordinator
5. Small and medium scale junk store of not more than 50.00 sq.m. floor area
7. Carwash services
107
9. Heavy equipment sales and services
10. Machine shop service operation for engine repair rebuilding or custom job orders
13. Blacksmith/tinsmithry
c. steel gate/fence
d. garden/home furniture
19. Repacking of food products e.g. fruits, vegetables, sugar and other related products
A. Food Based Industries preferably to be located within the Toril District’s Light Industrial
Zone subject however to the provisions of the Provincial Water Utility Act of 1973.
1. Drying fish
2. Biscuit factory manufacture of biscuits, cookies, crackers and other similar dried bakery
products
6. Manufacture of dry ice ,ice, ice cream, ice drop plants including cold storage facilities
109
5. Manufacture of wooden shoes, shoe lace and other similar products
D. Other Industries
1. Manufacture of photographic & optical goods including eye glasses and spectacles,
optical lenses and related goods
3. Repacking of industrial products e.g. paints, varnishes and other related products
4. Private and public utility bus terminals garage where such vehicles are stored, kept,
maintained and repaired including storage facilities for spare parts and other accessories.
7. Manufacture of watches and clock and other signal and detection equipments.
B. Food Based Industries preferably to be located within the Toril District’s Medium Industrial
Zone subject however to the provisions of the Provincial Water Utility Act of 1973.
110
2. Poultry processing and canning
5. Candy factory
10. Manufacture of food products n.e.c. (vinegar, vetsin, soy sauce etc.)
16. Drying, cleaning, curing and preserving of meat and its by products and derivatives.
C. Wood-Based Industries
3. Resawmills
E. Non-Metallic-Based Industries
112
6. Manufacture of architectural and ornamental metal works
14. Manufacture of other fabricated metal products except machinery and equipment
n.e.c.
3. Manufacture of candles
4. Manufacture of inks
I. Other Industries
113
1. Manufacture of medicinal and pharmaceutical preparations
15. Manufacture or assembly of other machinery and equipment except electrical n.e.c.
20. Manufacture or assembly of electric equipment radio and television, tape recorders, stereo
21. Manufacture or assembly of radio and television transmitting, signaling and detection
equipment
38. Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc.
40. Manufacture of artificial leather, oil cloth and other fabrics except rubberized
48. Manufacture of clay bricks, clay tiles and hollow clay tiles
115
49. Manufacture of miscellaneous structural clay products, n.e.c.
52. Manufacture of engines and turbines except motor vehicles, marine and aircraft
55. Manufacture, assembly, rebuilding, repairing of food and beverage making machinery
58. Manufacture, assembly, rebuilding, repairing of printing, trade machinery and equipment
116
SECTION 15. USE REGULATIONS IN PROTECTED MEDIUM INDUSTRIAL ZONE
(PI-2). A PI-2 zone shall be used principally for pollutive/non-hazardous and pollutive/hazardous
manufacturing and processing establishments. All uses allowed in I-2 zone are also allowed in PI-2
zone, provided that development of this area will require a complete sanitary sewerage system with
primary and secondary waste water treatment facilities. Disposal of such effluence are subject to the
rules and regulations of the governing government agencies.
SECTION 16. USE REGULATIONS IN HEAVY INDUSTRIAL ZONE (I-3). An I-3 Zone
shall be for large scale highly pollutive/non-hazardous; highly pollutive/ hazardous; highly
pollutive/extremely hazardous; non-pollutive/extremely hazardous; and pollutive/ extremely hazardous
manufacturing and processing establishments. Enumerated below are the allowable uses:
B. Food-Based Industries preferably located within the Toril District’s Heavy Industrial Zone
subject however to the provisions of the Provincial Water Utility Act of 1973.
C. Other Industries
1. Cement factories
25. Manufacture of synthetic resins, plastic materials and man made fibers except glass
SECTION 17. OTHER USE REGULATIONS FOR INDUSTRIAL ZONE. For land uses
following under the use regulations for I-1, P-1, I-2, P-2 and I-3 districts which are not listed in Sections
7, 8 and 9, the corresponding certification as to non-pollutive, pollutive or highly pollutive and further
classified as non-hazardous, hazardous and extremely hazardous, shall first be secured from the
Regional Office of the Department of Environment and Natural Resources.
119
No industry listed under use regulation for I-1, P-1, I-2 and P-2 districts shall be allowed inside
areas allowed to purely residential subdivisions existing prior to the approval of this Zoning Ordinance
even if such residential subdivisions are within the Industrial Districts as described in this Ordinance.
2. carbarns
3. depots
8. LRT/Monorail stations
9. Telecommunication facilities
10. Special public and private institutional buildings and other land uses of similar nature.
1. Welfare homes, orphanages, boys and girls home, home for the aged and the like.
2. Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed mothers,
physically, mentally and emotionally handicapped, ex-sanitaria inmates and similar
establishments.
SECTION 22. USE REGULATIONS IN PARKS AND RECREATION (PR) ZONE. The
following uses shall be allowed in Parks and Recreation Zones:
1. Parks/gardens
3. Open air or outdoor sports activities and support facilities, including low rise stadia, gyms,
amphi theaters and swimming pool
7. Theme park
121
SECTION 23. USE REGULATIONS FOR AGRICULTURAL AND PASTURE LAND
(Agr) ZONE. In Agr zones the following uses shall be permitted:
1. All existing customary urban/ urbanizable areas of all rural barangays provided that :
a . the area falls within the 500 meter radius distance from an existing or proposed
elementary school sites
b. no industries shall be allowed to be established within the area except uses here
under specified.
2. Agro- industrial and other incidental uses directly supportive for a large scale commercial
plantation such as processing/ canning, packaging and the like, provided that all
requirements of other government agencies concerned for the conduct of such shall strictly
be complied with.
9. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the
like
10. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee,
tobacco, etc.
11. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm,
monkey raising and the like
12. Customary support facilities such as palay dryers and rice treshers and storage barns and
warehouses
13. Agricultural research and experimentation facilities such as breeding stations, fishfarms,
nurseries, demonstration farms , etc.
15. Home occupation for the practice of one’s profession or engaging home business such as
dressmaking, tailoring, baking, running a sarisari store and the like, provided that:
122
a) number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner;
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;
16. 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 thirty (30%) percent 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 a hazard or nuisance;
b) allotted capitalization shall not exceed more than one hundred thousand pesos (P
100,000.00) during its entire operation;
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1. Contract reforestation with Forest Land Management Agreement (FLMA)
1. Mining
2. Fishpond Purposes
Fishing activities within the Forest Zone shall be undertaken pursuant to the provisions of the
Fisheries Code and its implementing rules and regulations and the Revised Forestry Code of
the Philippines as amended.
124
4. preservation of existing cultural settlements
SECTION 26. USE REGULATIONS IN WATER ZONE (WZ). In WZ, the following uses
are allowed:
1. Domestic/industrial use e.g. water supply, power generation etc. subject to NWRC (P.D.
1067, Water Code) and /or NPCC clearance
2. Recreation such as marina, water skiing, boating, sailing and the like
7. Dredging projects
Such bodies of water shall include rivers, streams, lakes and seas except those included in other
zone classifications.
1. eco-tourism
2. agri-tourism
3. beach resort
4. mountain resort
5. theme parks
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ARTICLE VI
2. Resettlement Areas
Clearances from Office of the City Planning and Development Coordinator, City Engineer’s Office,
City Environmental and Natural Resources Office, Davao City Water District.
7. Industrial Estate/Subdivision
Clearances from Office of the City Planning and Development Coordinator , City Environmental
and Natural Resources Office, City Engineer’s Office
8. Cemeteries/Memorial Park
Clearances from the Office of the City Planning and Development Coordinator , City Environmental
and Natural Resources Office, Davao City Water District , City Health Office
9. Golf Course
126
Clearances from Office of the City Planning and Development Coordinator , Department of
Environment and Natural Resources , Davao City Water District, Golf Construction and
Development Committee
11. Private and Landing Strip, Airports, and Heliports and Helipads
Clearances from Office of the City Planning and Development Coordinator , Civil Aeronautics
Administration and Philippines Air Force Command Davao City
19. Cockpit
Clearance from Office of the City Planning and Development Coordinator
20. Slaughterhouse
Clearances from Office of the City Planning and Development Coordinator, City Health Office, City
Environmental and Natural Resources Office, Davao City Water District
23. Race Track, Jai-alai, Lottery, Casino and all other forms of Gambling Activities
Clearance from Office of the City Planning and Development Coordinator
24. Motel
Clearance from Office of the City Planning and Development Coordinator
ARTICLE VII
SECTION 4. ALL OTHER ZONE. There is no fixed building height limits except those
prescribed by the Air Trasnportation Office (ATO) and other government regulations. Within these
zones, building heights shall be based on the prescribed floor area ratio.
128
SECTION 5. EXEMPTIONS FROM HEIGHT REGULATIONS IN R-1 AND R-2.
Exempted from the imposition of height regulations in residential zones are the following: towers,
church steeples, water tanks and other utilities and such other structures not covered by the height
regulations of the National Building Code and/or the Air Transportation Office.
SECTION 6. AREA REGULATIONS. Area regulations in all zones shall conform with the
minimum requirement of the existing laws and codes such as:
a) P.D. 957 - The “Subdivision and Condominium Buyers’ Protective Law”, and its revised
implementing rules and regulations.
b) B.P. 220 - “Promulgation of Different Levels of Standards and Technical Requirements for
Economic and Socialized Housing Projects” and its revised implementing rules and
regulations.
c) P.D. 1096 - National Building Code
d) Fire Code
e) Sanitation Code
f) Plumbing Code
g) Structural Code
h) Executive Order No. 648
i) other relevant guidelines promulgated by the national agencies concerned
129
ARTICLE VIII
MITIGATING DEVICES
1. That the proposed land area use will not alter the essential character of the zone, especially its
population density, number of dwelling units per hectare, and the dominant land use of the zone.
2. That the area subject of application is a consolidated parcel of land at least one (1) hectare.
3. The preliminary development plan must generally set forth any existing or proposed
arrangement of lots, street, access points, buffer strips and rail, water, highway or other
transportaion arrangement and the relationship of the tract of land involved to surrounding
properties.
4. That final development plan must in addition to the above cited requirements describe the noise,
smoke odor, vibration, dust, dirt, noxious gases, glare and heat, fire hazards, industrial waste
and traffic which may be produced by the development.
5. The final development plan must be submitted to the City Development Council for review and
recommendation, and to the Sangguniang Panlungsod prior to the approval of the City
Executive.
6. The temporary use permit shall be valid for a maximum of 5 years, subject to the clearance
requirement under Article IX Section 5 of this ordinance, terms and conditions stipulated in the
permit.
7. Upon expiration of the Temporary Use Permit, the said permit shall be deemed automatically
revoked and renders the owner to cease to operate. Any expense for the transfer/relocation of
such project to another site shall be borne by the owner/operator.
8. Development for the intended use of the zone within a 50-meter radius from the project line is
not evident at the time of the application of the proponent or not programmed for the next 5
years, subject to the clearance requirement under Article IX Section 5 of this ordinance.
SECTION 2. DEVIATION. Exceptions and variances or deviations from the provision of the
ordinance may be allowed by the Zoning Administrator only when the following terms and conditions
are existing , subject to the clearances requirements under Article IX Section 5 of this ordinance and
approval by the Sangguniang Panlungsod.
1. Variances
130
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.
− The proposed variance is the minimum deviation necessary to permit a reasonable use of the
property.
− 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 other property in same district.
− That variance will not weaken the general purpose of the Ordinance and will not adversely
affect the public health, safety or welfare.
− The variance, if granted, will still be in harmony with the spirit of this Ordinance.
2. Exceptions
a. The exceptions will not adversely affect the environment, public health, safety and welfare
and is 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 adjoining property in the same
district.
d. The exception will not alter the essential delineation of the zone where the exception sought
is located and will be in harmony with the general purpose of the ordinance.
1. A written application for an exception or variance is field citing the section of this Ordinance
under which the same is sought and stating the ground/s or justifications thereof.
2. Upon filing application, a visible project sign, (indicating name and nature of the proposed
project) shall be posted at the project site.
4. A written affidavit of non-objection to the project by the owner of the properties adjacent to
the project shall be filed by the applicant with the ZA at least fifteen (15) days prior to the
decision for exception/variance.
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5. In case of objection, the ZA shall hold public hearing.
6. At the hearing, any party may appear in person, or be represented by agent/s. All interested
parties shall be accorded the opportunity to be heard and present evidences and testimonies.
7. The Local Chief Executive through the Zoning Administrator and the CDC shall render a
decision within thirty (30) days from the filing of the application, exclusive of the time spent
for the preparation of written affidavit of non-objection and/or the public hearing in case of
any objection to the granting of exception/variance.
ARTICLE IX
MISCELLANEOUS PROVISIONS
All noise and vibration-producing machinery shall be enclosed by a building and shall be
provided with effective noise absorbing materials, noise silencers and mufflers, an open yard of a
distance of not less than twenty (20) meters from the street or adjoining property lines and
property planted to dense trees as buffers. To minimize vibration, a machinery should be
mounted on shock-absorbing mountings, such as cork set on reinforced concrete foundations or a
floating isolated foundation set on piles, as needed by the machinery, minimum noise which is
objectionable due to intermittence, lease frequently or high pitch roof building as tested and
approved by the City Officials concerned.
2. Smoke
Any smoke emitted from any source for period aggregating seven (7) minutes in any thirty
minutes partly when starting a new fire shall have a density not greater than No. 2 of the
Reinglemann Chart.
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4. Odors and Gases
The emission of foul odors and gases deleterious to public health, safety and general welfare
shall not be permitted. Buildings and activity emitting foul odors obnoxious gases shall be
enclosed by air tight building provided with air conditioning system, filters, deodorizing and
other air cleansing equipment.
Glare and heat from any operation or activity shall not be allowed to be radiated, seen or felt any
point beyond the limits or the property.
6. Industrial Waste
Industrial plant wastes shall be disposed of only in a manner which will not create any nuisance
or danger to adjoining properties or to the community in general.
7. Sewerage Disposal
No sewerage dangerous to the public health, safety and general welfare shall be discharged into
any public sewer system, natural waterway or drainage channel. In addition to the following
requirements, all sewerage shall comply with pertinent requirements of the Department of
Environment and Natural Resources-Environmental Management Board (DENR-EMB).
Acidity or alkalinity shall be neutralized to a PH of between 6.5 and 8.5 as a daily average on a
volumetric basis with a temporary variation of 5.0 to PH 10.0.
Waste water shall not contain oil and grease in excess of 300 PPM or exceed a daily average of
10 PPM.
2. Detailed description of the physical, biological, social environment within which the
development construction will occur.
3. Detailed description of existing plans which will be affected by the proposed development
action.
4. Detailed description of other actions planned, or in the course of realization, which will interact
with the proposed action, so as to increase or reduce the environmental impact.
5. Detailed description of probable direct, and induced, impact of the proposed action, on the
physical biological, and social environment.
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6. Comparison of impact of alternative actions.
7. Special emphasis on adverse effects, long term effects, resource commitments, cost of benefit
analysis.
1. Five (5) meters setback along banks of waterways in urban areas except for the portion from
the mouth of the Davao River up to the Maa-Marfori Bridge Area which should have a thirty
(30) meters wide river easement for road and promenade purposes.
4. Forty (40) meters for shores of the seas, lakes and similar bodies of water.
The above setback/ easements shall be subject for public use such as for recreation, navigation, floatage,
fishing salvage and other activities. The easement shall be measured in accordance with the procedure
set forth in the National Building Code of the Philippines (P.D. No. 1096).
(a) Development in the identified protected residential, commercial, industrial and other land uses
or zone shall secure clearance from the DENR-EMB, the City Health Office, the City Environment and
Natural Resources Office, the City Engineers Office, and the Local Water District.
SECTION 10. TRAFFIC GENERATOR. All traffic generating buildings and structure
allowed in any of the districts must provide parking spaces for their employees, clients and visitors in
accordance with the standards set forth by the National Building Code of the Philippines (P.D. 1096).
SECTION 11. ADVERTISING AND BUSINESS SIGNS. Advertising and business signs/
billboards to be displayed or built for public view in any of the districts herein enumerated that needs to
be persevered, such as the view of the Mt. Apo National Park and all other natural or man-made
landscapes for the enjoyment of the viewing public in general. The construction of the same must
comply with the provisions of the National Building Code of the Philippines (P.D. No. 1096) and other
existing policies and/or regulations including those which may later on be adopted by the City to
provide maximum safety to lives and properties.
SECTION 13. ARCADED THOROUGHFARES. Except for the existing arcaded national
highways in the Central Business District (CBD) and its immediate environs, other city streets in the
CBD that should be arcaded shall accordingly be identified by the City Planning and Development
Office in the future.
ARTICLE X
The Zoning Administrator shall immediately notify owners of known existing non-conforming
use to apply for a Certificate of Non-Conformance.
1. That no such non-conforming use shall be enlarged or increased to occupy a greater area of land
than that already occupied by such use at the time of the adoption of this Ordinance or moved in
whole or in part, to any other portion of the lot or parcel of land where such non-conforming use
exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more than one (1) year be
again revived as a non-conforming use.
4. That any non-conforming structure, or structures under one ownership, which has been damaged
may be reconstructed and used as before provided that such reconstruction is not more than fifty
percent (50%) of the replacement cost.
That should such non-conforming portion of a structure be destroyed by any means to an extent of
more than fifty percent of its replacement cost at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this Ordinance.
6. That no such non-conforming use may be moved to displace any conforming use.
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7. That no such non-conforming structure may be enlarged or altered in any way which increase
its non-conformity, but any structure or portion thereof may be altered to decrease its non-
conformity.
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.
I. Enforcement
1. Issuing the corresponding Certificate of Zoning Compliance for projects conforming with the
zoning regulations;
B. Monitor on-going existing projects within their respective jurisdiction and issue notices of violation
and show cause orders to owners, developers, or managers of projects that are violative of zoning
ordinances and refer the same to the Sangguniang Panlungsod.
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SECTION 11. AMENDMENTS TO THE ZONING ORDINANCE. Changes in the Zoning
Ordinance shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or
provisions thereof shall be subject to review evaluation of the Zoning Administrator and shall be carried
out through a resolution of three fourths vote of the Sangguniang Panlungsod.
SECTION 12. PROCESSING FEE. All processing fees shall be in accordance with the
schedule prescribed under the existing Amended Tax Code of Davao City and shall be paid directly to
the Office of the City Treasurer.
SECTION 13. 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 P 500.00 per
day but not more than P 1,000.00 per day or by imprisonment of not less than six (6) months but not
exceeding one (1) year 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 officer thereof.
SECTION 14. SUPPLETORY EFFECT OF OTHER LAW AND DECREES. The provisions
of this ordinance shall be without prejudice to the application of the existing laws.
SECTION 16. SEPARABILITY CLAUSE. Should any section or provision of this Ordinance
be declared by the Courts to be unconstitutional or invalid, such decision shall not effect the validity of
this Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or
invalid.
SECTION 17. REPEALING CLAUSE. All ordinances, rules and regulations in conflict with
the provisions of this Ordinance are hereby repealed; provided that the rights that are vested upon the
effectivity of this Ordinance shall not be impaired.
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SECTION 18. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon approval by
the Housing and Land Use Regulatory Board.
CARRIED , UNANIMOUSLY.
APPROVED:
(Sgd)RODRIGO R. DUTERTE
City Mayor
ATTESTED:
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