Cavite City Vol 2 Zoning Ordinance

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COMPREHENSIVE

LAND AND COASTAL


USE PLAN
VOLUME II – THE ZONING ORDINANCE

CAVITE CITY
PLANNING PERIOD 2012-2022

Prepared by:
City Planning & Development Office
Volume II
THE ZONING ORDINANCE
Planning Period: 2012-2022

City of Cavite
CAVITE CITY
COMPREHENSIVE LAND AND COASTAL USE PLAN 2012-2022

TABLE OF CONTENTS

TITLES PAGE/S
Article I. Title of the Ordinance 2-2
Section 1. Title of Ordinance 2-2
Article II. Authority and Purpose 2-2
Section 2. Authority 2-2
Section 3. Purpose 2-2
Section 4. Declared Zoning Principles 2-3
Article III. Definition of Words and Phrases 2-3
Section 5. Meaning of Technical Terms 2-3
Section 6. Construction and Interpretation of Terms 2-11
Article IV. Zoning Classification 2-11
Section 7. Division into Zones or Districts 2-11
Section 8. Official Zoning Maps 2-12
Section 9. Interpretation of the Zone Boundaries 2-12
Section 10. Zone Boundaries 2-13
Article V. Zone Regulations 2-16
Section 11. General Provisions 2-16
Section 12. Use Regulation in General Residential Zone (GRZ) 2-17
Section 13. Use Regulation in General Commercial Zone (GCZ) 2-19
Section 14. Use Regulation in Light Industrial Zone (LIZ) 2-20
Section 15. Prohibitive Regulation Use 2-20
Section 16. Use Regulation in General Institutional Zone (GIZ) 2-20
Section 17. Use Regulations for Special Institutions (SIZ) 2-21
Section 18. Use Regulations in Parks and Recreational Zone (PRZ) 2-21
Section 19. Use Regulation in Coastal Sea Use Zone (CSUZ) 2-22
Section 20. Use Regulations in Tourism Zone (ETZ) 2-22
Article VI. General Zone/ District Regulations 2-22
Section 21. Development Density 2-22
Section 22. Height Regulations 2-22
Section 23. Exemptions from Height Regulations 2-22
Section 24. Area Regulations 2-22
Section 25. Specific Provisions in the National
Building Code and Water Code 2-23

Section 26. Road Setback Regulations 2-24


Section 27. Easement 2-24
Section 28. Buffer Regulations 2-24
Section 29. Traffic Generators 2-24
Section 30. Advertising and Business Signs 2-24
Section 31. Erection of more than One Principal Structure 2-24
Section 32. Dwelling or Real Lots 2-24
Section 33. Access Yards Requirements 2-25
Section 34. Dwelling Group 2-25
Article VII. Supplementary Regulations 2-25
Section 35. Application of Zone/District Regulations 2-25
Section 36. Integrated Zoning 2-26
Section 37. Innovative Techniques or Designs 2-26
Section 38 Building Permits Issued Prior to the
Approval of this Ordinance 2-26
Section 39. Easement, Streets and other Public
Lands Not Included in any Zone/District 2-26

Article VIII. Miscellaneous Provisions 2-26


Section 40. Projects of National Significance 2-26
Section 41. Environmental Compliance Certificate (ECC) 2-26
Section 42. Subdivision Projects 2-26
Article IX. Mitigating Devices 2-27
Section 43. Deviation 2-27
Section 44. Procedures for Granting Exception and Variances 2-27
Article X. Enforcement and Administration 2-28
Section 45. Locational Clearance 2-28
Section 46. Building Permit 2-28
Section 47. Non- User of Locational Clearance 2-28
Section 48. Certificate of Non- Conformance 2-28
Section 49. Existing Non-Conforming Uses and Buildings 2-28
Section 50. Certificate of Zoning Compliance 2-29
Section 51. Expiration of Building Permit 2-29
Section 52. Responsibility for Administration and Enforcement 2-29
Section 53. Powers and Functions of the Zoning Administrator and/or
Zoning Officer 2-30
Section 54. Action on Complaints and Oppositions 2-30
ARTICLE XI. Local Zoning Board of Adjustments Appeals 2-30
Section 55. Creation and Composition of the Local
Zoning Board of Adjustment Appeals (LZBA) 2-30

Section 56. Functions and Responsibilities of the Local


Zoning Board of Adjustment Appeals (LZBA) 2-31

Section 57. Procedure in the Local Zoning Board of Appeals 2-31


Section 58. Appeals 2-31
Section 59. Powers of the LZBA 2-32
Section 60. Limitations on the Power and Authority of LZBA 2-32
Section 61. Interim Provision 2-32
Article XII. Local Zoning Review Committee 2-32
Section 62. Composition of the Local Zoning Review Committee (LZRC) 2-32
Section 63. Functions of the Local Zoning Review Committee 2-32
Section 64. Review of the Zoning Ordinance 2-33
Section 65. Amendments to the Zoning Ordinance 2-33
Article XIII. Penal Provision 2-33
Section 66. Penalty 2-33
Section 67. Time of Payment 2-33
Article XIV. Final Provisions 2-33
Section 68. Suppletory Effect of other Laws and Decrees 2-33
Section 69. Separability Clause 2-34
Section 70. Repealing Clause 2-34
Section 71. Effectivity Clause 2-34
Zoning Map 2-35
Comprehensive Land and Coastal Use Plan 2012-2022
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REPUBLIC OF THE PHILIPPINES


CITY OF CAVITE
SANGGUNIANG PANLUNGSOD

AN ORDINANCE DULY APPROVED AND ENACTED BY THE SANGGUNIANG


PANLUNGSOD OF CAVITE CITY (BATCH 2013-2016) DURING ITS REGULAR SESSION
HELD ON OCTOBER 31, 2014.

PRESENT:
HON. MARK T. MUPAS - City Councilor, President Protempore
and Acting Presiding Officer
HON. ROMEL R. ENRIQUEZ - City Councilor, Vice-President
Protempore
HON. DENVER CHRISTOPHER R. CHUA - City Councilor, Majority Floor
Leader
HON. LAWRENCE CRAWFORD - City Councilor, Asst. Majority
Floor Leader
HON. MICHAEL B. LU - City Councilor, Minority Floor
Leader
HON. BENZEN RALEIGH G. RUSIT - City Councilor
HON. JAMES S. NUGUID - City Councilor
HON. AMORICO M. ALVAREZ - City Councilor
HON. AZENITH P. PAREDES - President Liga ng mga Barangay
(Ex-officio- Member)

ON-LEAVE:
HON. JESUS JET S. BARRERA II - City Councilor

ABSENT:
HON. PERCILITO P. CONSIGO - City Vice-Mayor Presiding Officer
HON. EDUARDO G. NOVERO, JR. - City Councilor

ORDINANCE NO. 2014-3394

“AN ORDINANCE ENACTING THE REVISED ZONING REGULATIONS FOR THE CITY OF
CAVITE, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT, AND
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HERE WITH”

WHEREAS, the implementation of Comprehensive Land and Coastal Use Plan would require
the enactment of regulatory measures to translate its planning goals and objectives into
reality; and the Zoning Ordinance is one such regulatory measure which is an important tool
for the implementation of the Comprehensive Land and Coastal Use Plan;

WHEREAS, the Local Government Code of 1991 authorizes the local government units to
enact Zoning Ordinances subject to and in accordance with the existing laws;

WHEREAS, the local governments are mandated to mainstream disaster risk reduction and
climate change in development processes such as policy formulation, socio-economic
development planning, budgeting and governance, particularly in the areas of environment,

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agriculture, water, energy, health, education, poverty reduction, land-use and urban planning,
and public infrastructure and housing;

WHEREAS, the Housing and Land Use Regulatory Board (HLURB) have spearheaded and
now assists in and coordinates the activities of local governments in comprehensive land use
planning;

IN VIEW OF THE FOREGOING CONSIDERATIONS, on motion of Sanggunian Member


Amorico M. Alvarez as principal order and duly seconded by Sanggunian Members Denver
Christopher R. Chua, Michael B. Lu, Romel R. Enriquez, Benzen Raleigh G. Rusit and James
S. Nuguid, this Body;

RESOLVED, as it is hereby resolved, to enact an ordinance enacting the revised Zoning


Regulations for the City of Cavite and providing for the administration and enforcement
thereof, and for the repeal of all ordinances in conflict herewith”, to read as follows:

Be it enacted by the Sangguniang Panlungsod of the City of Cavite, that:

ARTICLE I
TITLE OF THE ORDINANCE

Section. I. TITLE OF ORDINANCE – This shall be known as the Zoning Ordinance of Cavite
City.

ARTICLE II
AUTHORITY, PURPOSE AND DECLARED ZONING PRINCIPLE

Section 2. AUTHORITY – This ordinance is enacted pursuant to the provisions of Republic


Act 7160, Otherwise known as the Local Government Code of 1991 under Sections 458 a.2
(vii-ix) approved on October 10, 1991 “Authorizing the City through the Sangguniang
Panlungsod to adopt Zoning Ordinance subject to the provisions of existing laws and in
conformity with Executive Order No. 72.

Section 3. PURPOSE – This ordinance is enacted for the following purpose:


a. Guide, control and regulate the future growth and development of Cavite City in
accordance with its Comprehensive Land and Coastal Use Plan;

b. Protect the character and stability of residential, commercial, industrial, general and
special institutional districts, reclamation, tourism, coastal and sea use, parks/open
space, recreation areas and socialized housing/dwelling within the city and promote
the orderly and beneficial development of the same;

c. Promote and protect the health, safety, peace, and comfort, morals, convenience and
general welfare of the inhabitants in the city;

d. Ensure the sustainability of the environment, taking into consideration climate change
adaptation, in synergy with disaster risk reduction and management, in all
development processes;

e. Mainstream Climate Change Adaptation (CCA) and Disaster Risk Reduction


Management (DRRM) unto Comprehensive Land and Coastal Use Plan (CLCUP) and
Zoning Ordinance (ZO);

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f. Establish a resilient community from the effects of climate change.

Section 4. DECLARED ZONING PRINCIPLE – This Zoning Regulation is based on the


Comprehensive Land and Coastal Use Plan 2012-2022 (CLCUP) under Executive Order No.
5-2012 dated May 4, 2012, submitted by the City Land and Coastal Use Committee led by
Technical Working and Planning Assistance Group and approve by the City Development
Council through Resolution No. 04-2013 and ratified by the Sangguniang Panlungsod
through Resolution No.2014-056

a. Land and coastal water are limited national resources and as much it must be
managed for the welfare of all in accordance with the community’s comprehensive
development plan.

b. The environment provides man with life supporting system and as much it must be
conserved and developed to enhance the quality of life.

c. Man’s well-being is the ultimate consideration of development. This being the case,
there is need for regulatory measures which shall ensure of his immediate
environment.

d. An integrated national human settlements governmental planning and zoning system


is essential to the development of self-reliant communities and the underlying
philosophy thereof adopted as part of this ordinance.

e. Land and coastal water must be used in a most beneficial, rational and most efficient
manners as to prevent the mixture of incompatible land and coastal uses,
environmental hazards, blight, depression and artificial scarcity of land resources.
Thus, there is a need for regulatory measures which shall promote pattern of
development.

f. This comprehensive zoning ordinance is one such regulatory measure which is


enacted to identify the various land and coastal uses in the districts, designate and
allows therein and prescribed physical standards based on the development plan for
the City of Cavite and on Zone and District Plans prepared by its City Land and
Coastal Use Committee led by the Technical Working and Planning Assistance Group
and adopted by the Sangguniang Panlungsod thru a resolution.

ARTICLE III
DEFINITION OF WORDS AND PHRASES

Section 5. MEANING OF TECHNICAL TERMS – The technical terms used in the Zoning
Ordinance shall carry the same meaning given to them in already approved codes and
regulations, such as but not limited to the National Building Code, Water Code, Philippine
Environmental Code, Climate Change Act of 2009, District Risk Reduction and Management
of 2010 and other Implementing Rules and Regulations, promulgated by the HLURB.

The words and phrases enumerated hereunder shall be understood to have the meaning
corresponding indicated as follows:

1. ACCESSORY USE – use as an incidental and subordinate to the principal use of the
building and/or land.

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2. ADDITIONS, ALTERATIONS, REPAIRS – changes in an existing building involving


interior or exterior work and/or increase or decrease of the area of the building.

3. AGRICULTURAL ZONE (AZ) – an area within the city intended for cultivation/fishing
and pastoral activities, e.g. fish, farming, cultivation of crops, goat/cattle raising, etc.

4. ADAPTATION – refers to the adjustment in natural or human systems in response to


actual or expected climatic stimuli or their effects, which moderates harm or exploits
beneficial opportunities.

5. ADAPTIVE CAPACITY – refers to the ability of ecological, social or economic


systems to adjust to climate change including climate variability and extremes, to
moderate or offset potential damages and to take advantage of associated
opportunities with changes in climate or to cope with the consequences thereof.

6. ANTHROPOGENIC CAUSES – refer to causes resulting from human activities or


produced by human beings.

7. BOTANICAL AND ZOOLOGICAL PARK – a track of land incorporating a park for


leisure and at the same time used to culture and study of plants, collected and grown
for scientific and display purposes and conservation sanctuary of rare and exotic
animals.

8. BUILDABLE AREA – the remaining space in a lot after deducting the required
minimum open space.

9. BUILDING – a constructed edifice, designed to stand more or less permanently,


covering a space of land usually covered by a roof, and more or less enclosed by
walls and supported by columns, and serving as a dwelling, store, factory, shelter for
animals, etc.

10. BUILDING ACCESSORY – a building, subordinates to the main building and located
on the same lot, the use of which is necessary or incidental to the use and enjoyment
of the main building, such as servant’s quarters, garages, etc.

11. 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.

12. BUILT-UP AREA – a contiguous grouping of ten (10) or more structures.

13. BUS TERMINAL – a private station where public utility buses regularly discharge and
receive passengers and/or where such vehicles are repaired and maintained.

14. CENTRAL BUSINESS DISTRICT – shall refer to areas designated principally for
trade, services and business purpose.

15. CERTIFICATE OF NON-CONFORMANCE – 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.

16. CLIMATE CHANGE – refers to a change in climate that can be identified by changes
in the mean and/or variability of its properties and that persists for an extended period

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typically decades or longer, whether due to natural variability or as a result of human


activity.

17. CLIMATE VARIABILITY – refers to the variations in the average state and in other
statistics of the climate on all temporal and spatial scales beyond that of individual
weather events.

18. CLIMATE RISK – refers to the product of climate and related hazards working over
the vulnerability of human and natural ecosystems.

19. COASTAL USE ZONE – district or area covering the coastal waters of the city
intended for fishing, aquaculture activities, recreation, tourism, navigation, military
reservation and other domestic and industrial use.

a. Small Scale Commercial Fishing – fishing with passive or active gear


utilizing fishing vessels of 3.1 gross tons (GT) up to 20 GT.
b. Medium Scale Commercial Fishing – fishing utilizing active gears and
vessels of 20.1 GT up to 150 GT.
c. Large Scale Commercial Fishing – fishing utilizing active gears and
vessels of more than 150 GT.

20. COMPATIBLE USE – uses of land activities capable of existing together


harmoniously e.g. residential use and parks and playground.

21. COMPONENT CITY – city which does not meet the requirement for highly urbanized
city which shall be considered component city of the province which they are located.

22. COMPREHENSIVE LAND AND COASTAL USE PLAN (CLCUP) – a document


embodying specific proposals for guiding, regulating growth and/or development. The
main components of the Comprehensive Land and Coastal Use Plan in this usage are
the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities,
Local Administration and Land Use.

23. CONFLICTING USES – uses or land activities with contrasting characteristics sited
adjacent to each other e.g. residential unit adjacent industrial plants.

24. CONFORMING USE – a use which is in accordance with the zone classification as
provided for in the Ordinance.

25. DISASTER – refers to a serious disruption of the functioning of a community or a


society involving widespread human, material, economic or environmental losses and
impacts which exceed the ability of the affected community or society to cope using its
own resources.

26. DISASTER RISK REDUCTION – refers to the concept and practice of reducing
disaster risks through systematic efforts to analyze and manage the causal factors of
disasters, including through reduced exposure to hazards, lessened vulnerability of
people and property, wise management of land and the environment, and improved
preparedness for adverse events.

27. DWELLING – a building or structure used for lawful residence.

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28. EASEMENT – open space imposed on any land use/activities sited along waterways,
road-of-right ways, cemeteries/memorial parks and utilities.

29. ENVIRONMENTALLY CRITICAL AREAS – refers to those areas which are


environmentally sensitive and are listed in Presidential Decree 2146 dated December
14, 1961.

30. ENVIRONMENTALLY CRITICAL PROJECTS– refers to those projects which are high
potential for negative environmental impacts and are listed in Presidential
Proclamation 2146 dated December 14, 1961.

31. EXCEPTION – a device which grants a property owner relief from certain provisions
of the Zoning Ordinance where because of the specific use would result in a particular
hardship upon the owner, as distinguished as a mere inconvenience or a desire to
make more money.

32. FAMILY – a group of individuals living under one roof and considered as a part of a
single housekeeping unit.

33. FARMCs – the Fisheries and Aquatic Resources Management Councils.

34. FARM TO MARKET ROADS – shall include roads linking the fisheries production
sites, coastal landing points and other post-harvest facilities to major market and
arterial roads and highways.

35. FILLING STATION – a retail station servicing automobiles and other motor vehicles
with gasoline and oil only.

36. FINE MESH NET – net with mesh size of less than three (3) centimeters measured
between two (2) opposite knots of a full mesh when stretched or as otherwise
determined by the appropriate government agency.

37. FISH CAGE – refers to an enclosure which is either stationary or floating made up of
nets or screens sewn or fastened together and installed in the water with opening at
the surface or covered and held in a place by wooden/bamboo post or various types
of anchors and floats.

38. FISH FINGERLINGS – a stage at which a fish has just been hatched usually with
sizes from 1-2.5 cms.

39. FISH PEN – an artificial enclosure constructed within a body of water for culturing fish
and fishery/aquatic resources made up of poles closely arranged in an enclosure with
wooden materials, screen or nylon netting to prevent escape of fish.

40. FISHERFOLK – people directly or personally and physically engaged in taking and/or
culturing and processing fishery and/or aquatic resources.

41. FISHERIES – refers to all activities relating to the act or business of fishing, culturing,
preserving, processing, marketing, developing, conserving and managing aquatic
resources and the fishery areas, including the privilege to fish or take aquatic
resources thereof;

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42. FISH POND – a land-based facility enclosed with earthen or stone material to
impound water for growing fish;

43. FISHING BOAT/GEAR LICENSE – a permit to operate specific types of fishing


boat/gear for specific duration in areas beyond municipal waters for demersal or
pelagic fishery resources;

44. FISHERY MANAGEMENT AREAS – a bay, gulf, lake or any other fishery area which
may be delineated for fishery resource management purpose;

45. FISHERY OPERATOR – one who owns and provides the means including land,
labor, capital, fishing gears and vessels, but does not personally engage in fishery;

46. FISHERY REFUGE AND SANCTUARIES – a designated area where fishing or other
forms of activities which may damage the ecosystem of the arc is prohibited and
human access may be restricted;

47. FISH WORKER – a person regularly or not regularly employed in commercial fishing
and related activities whose income is either in wage, profit-sharing or stratified
sharing basis, including those working in fish pens, fish cages, fish corrals/traps,
fishpond, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers or fish
processing and/or packing plants. Excluded from the category are administrators,
security guards and overseers.

48. FLOOR AREA RATIO (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 absolute
level of density that the transportation and other utility networks can support.

49. GARAGE – a building or structure where cars and other vehicles are housed and
maintained.

50. GENERAL COMMERCIAL ZONE (GCZ) – an area within the city for trading, services,
and business purposes.

51. GENERAL INSTITUTIONAL ZONE (GIZ) – an area within the city principally for
general types of institutional establishments e.g. government offices, schools,
hospitals, clinics, academic/research, and conventions centers.

52. GENERAL RESIDENTIAL ZONE (GRZ) – an area within the city principally for
dwelling/housing purposes;

53. GENERAL ZONING MAP – a duly authenticated map, delineating the different zones
in which the whole city is divided;

54. GLOBAL WARMING – refers to the increase in the average temperature of the earth’s
near surface air and oceans that is associated with the increased concentration of
greenhouse gases in the atmosphere;

55. 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:

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a. Office areas;
b. Residential areas;
c. Corridors;
d. Lobbies;
e. Mezzanine;
f. Vertical penetrations which shall mean stairs, fire escapes, elevator shafts,
flues, pipe shafts, vertical ducts, and the like and other enclosing walls;
g. Restrooms or toilets;
h. Machine and storage rooms and closets;
i. Covered balconies and terraces;
j. Interior walls and columns and other interior features;

BUT EXCLUDING:

a. Covered areas used for parking and driveways, including vertical


penetration in parking floor where no residential or office units are present;

b. Uncovered areas for AC cooling towers, overhead water tanks, rood


decks, laundry areas and cages, wading or swimming pools, whirlpools or
Jacuzzis, gardens, courts or plazas.

56. HLURB – shall mean the Housing and Land Use Regulatory Board.

57. INNOVATIVE DESIGN – introduction and/or application of new/creative designs and


techniques in development projects e.g. Planned Unit Development (PUD), new town,
etc.

58. LAND RECLAMATION – also known as land fill, it is the process to create new land
from ocean, river beds or lake;

59. LIGHT INDUSTRIAL ZONE (LIZ) – a subdivision of an area principally for the
following types of industries: non-pollutive/non-hazardous, non-pollutive/hazardous;

60. LOCATIONAL CLEARANCE – a clearance issued to a project that is allowed under


the provisions of this Zoning Ordinance as well as other standards, rules and
regulations on land use;

61. LOT – a parcel of land on which a principal building and its accessories are situated
or may be situated, together with the required open spaces.

62. LOT DEPTH – the mean horizontal distance between the front and the rear lot line of
a lot measured within the lot boundary.

63. MANGROVES – a community of intertidal plants including all species of trees, shrubs,
vines and herbs found on coasts, swamps or border of swamps;

64. MITIGATION – in the context of climate change, refers to human intervention to


address anthropogenic emissions by sources and removals by sinks of all GHG,
including ozone-depleting substances and their substitutes;

65. MITIGATING DEVICE – means to grant relief in complying with certain provisions of
the Ordinance.

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66. MUNICIPAL WATERS – include not only streams, lakes, inland bodies of water and
tidal waters within the municipality which are not included within the protected areas
as defined in Republic Act No. 7586 (The NIPAS Law), public forest, timber lands,
forest reserves or fishery reserves, but also marine waters included between two (2)
lines draw perpendicular to the general coastline from points where the boundaries
lines of the municipality touch the sea at low tide and a third line parallel with the
general coastline including offshore islands and 15 kilometers from such coastline.
Where two (2) municipalities are so situated on opposite shores that there is less than
30 kilometers of marine waters between them, the third line shall be equally distant
from opposite shore of the respective municipalities;

67. NEW TOWN – shall refer to a town deliberately planned and built which provides, in
addition to houses, employment, shopping, education, recreation and culture and
other services normally associated with a city or town.

68. NON-CONFORMING USE – existing non-conforming uses/establishments in an area


allowed to be operated despite of the non-conformity to the provisions of the
Ordinance subject to the conditions stipulated in the Zoning Ordinance.

69. PARKS AND RECREATION ZONE (PRZ) – an area designed for


diversion/amusements and for the maintenance of ecological balance of the
community.

70. PLANNED UNIT DEVELOPMENT (PUD) – it is a land development scheme wherein


the project site is comprehensively planned as an entity via unitary site plan which
permits flexibility in planning/design, building site, complementarily of building types
and land uses, useable open spaces and preservation of significant natural land
features.

71. REZONING – a process of introducing amendments to or a change in the text and the
maps of the zoning ordinance. It also includes amendment or change in view of the
reclassification under Section 20 of R.A. 7160.

72. SETBACK – the open space left between the building and lots lines;

73. SEA LEVEL RISE – refers to an increase in sea level which may be influenced by
factors like global warming through expansion of sea water as the oceans warm and
melting of ice over land and local factors such as land subsidence;

74. SOCIALIZED HOUSING ZONE (SHZ) – specific area intended principally for
socialized housing/dwelling purposes for the under privileged and homeless as
defined in R. A. 7279.

75. SPECIAL INSTITUTIONAL ZONE (SIZ) – an area within the city principally for
particular types of institutional establishments e.g. welfare homes, orphanages, home
for the aged, rehabilitation and training centers, military
camps/reservations/bases/training grounds, etc.

76. TOURISM ZONE (TZ) – are sites within the city endowed with natural or man-made
physical attributes and resources that are conducive to recreation, leisure and other
wholesome activities.

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77. TRAWL – an active fishing gear consisting of a bag shaped net with or without otter
boards to open its opening which is dragged or towed along bottom or through the
water column to take fishery species by straining them from the water, including all
variations and modifications of trawls (bottom, mid-water and baby trawls) and tow
nets;

78. URBAN AREA (s) – include all barangays or portions of which comprising the
poblacion, central business district (CBD) and other built-up areas including the
urbanizable land in and adjacent to said areas and where at least more than fifty
(50%) percent of the population are engaged in non-agricultural activities. CBD shall
refer to the areas designated principally for trade, services and business purposes;

79. URBAN-USE AREA – a contiguous grouping of ten (10) or more structures.

80. URBAN ZONING MAP – a duly authenticated map delineating the different zones into
which the urban area and its expansion area are divided.

81. URBANIZABLE LAND – area designated as suitable for urban expansion by virtue of
land use studies conducted.

82. VARIANCE – a special location clearance which grants a property owner relief from
certain provisions of Zoning Ordinance where, because of particular, physical
surrounding, shape of 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.

83. VULNERABILITY – refers to the degree to which a system is susceptible to, or unable
to cope with, adverse effects of climate change, including climate variability and
extremes. Vulnerability is a function of the character, magnitude, and rate of climate
change and variation to which a system is exposed, its sensitivity, and its adaptive
capacity;

84. WAREHOUSE – any building, the primary purpose of which is the storage of goods,
wares, merchandize, utilities and/or other personal belongings and depository of
those in business of performing warehouse services for other, for profit;

85. WATER ZONE (WZ) – are bodies of water within cities and municipalities which
include rivers, streams, lakes and seas except those included in other zone
classification;

86. YARDS – 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.

87. ZONE/DISTRICT – an area within a city for specific land and water use as defined by
man-made or natural boundaries;

88. ZONING – division of the community into Land Use Zones, the specifications,
patterns, nature and characteristics of uses and provision of density, and
environmental regulations in consonance with the approved local development
strategies, as well as land and sea use policies and objectives of the
community which have been adopted by the Local Development Council (LDC)
and the Sangguniang Panlungsod.

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89. ZONING ADMINISTRATOR/ZONING OFFICER – a city government employee


responsible for the implementation/enforcement of Zoning Ordinance in the City;

90. ZONING ORDINANCE – a legal measure which embodies regulations affecting land
use.

SECTION 6. CONSTRUCTION AND INTERPRETATION OF TERMS – Words and phrases


used/employed in this ordinance shall be interpreted and understood liberally in the generic
sense unless otherwise indicted and shall as far as practicable be construed in favor of
applicants seeking to comply with the provisions hereof. The listing uses shall unless
otherwise indicated, be similarly construed. In addition, the following rules shall be observed:

a. generic terms, such as others and the like, etc., shall be construed to mean as
including all specific terms similar to or compatible with those enumerated;

b. the singular includes the plural, subject to density regulations;

c. the present tense include the future tense;

d. the word person includes both natural and juridical persons;

e. the word lot includes the phrases, plot and parcel;

f. the term shall always be mandatory; and

g. the word “used” or “occupied” as applied to any land, territorial waters or building shall
be construed to include the words “intended,” “arranged,” designed to be “used” or
“occupied.”

ARTICLE IV
ZONING CLASSIFICATION

SECTION 7. DIVISION INTO ZONES OR DISTRICTS – To effectively carry out the


provisions of this ordinance, the City is hereby divided into the following zones or districts.

a. GRZ – General Residential Zone

b. GCZ – General Commercial Zone

c. LIZ – Light Industrial Zone and non-pollutive industrial uses

d. GIZ – General Institutional Zone for Government centers and other institutions

e. SIZ – Special Institutional Zone for Military Camps and Training Grounds

f. PRZ – Parks/Open Space and Recreation Zone

g. RZ – Reclamation Zone for Proposed Reclamation Areas

h. CSUZ – Coastal and Sea Use Zone – District or area covering the coastal waters of
the City intended for fishing, aquaculture activities, recreation, tourism, military
reservation and other domestic and industrial use

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1. Traditional Fishing Zone – for traditional fishing areas


2. Mangrove Protection Zone – for mangrove propagation areas
3. Aquaculture Zone – for mussels and oyster farming, fish pen, fish cages,
prawn and milkfish raising
4. Navigational Zone – for navigation lane areas

i. TZ – Tourism Zone – District or area where preserved and conserved heritage sites
located

j. SHZ – Socialized Housing Zone – District or areas in the city principally intended for
socialized housing/dwelling purposes for the under privilege and homeless family

SECTION 8. OFFICIAL ZONING MAPS – It is hereby adopted as an integral part of this


Zoning Ordinance, the Official Zoning Maps for Cavite City, wherein the designation, location
and boundaries of the districts/zones herein established are shown and indicated. Such
Official Zoning Maps shall be signed by the City Mayor and duly authenticated by the
Sangguniang Panglalawigan.

The Official Zoning Maps (General Zoning Map, General Land and Coastal Use Map and
General Land and Coastal Use Plan) shall be drawn to the scale of 1:20,000 M.

a. The designation, location and boundaries of zones/districts herein established is


shown in the official zoning maps of the City as prepared by the City Planning and
Development Office and hereby adopted as an integral part hereof.

b. The official zoning maps shall bear the seal of the City and shall be signed by the City
Mayor and other authorities duly authenticated by the Sangguniang Panglalawigan.

c. In the event that the Official Zoning Maps are damaged, destroyed, lost or becomes
difficult to interpret because of nature or number of changes and additions, the
Sangguniang Panglunsod may by resolution adopt a new Official Zoning Maps which
shall supersede the prior official zoning maps.

d. Unless the prior Zoning Maps has been lost, or has been totally destroyed, the prior
map or any significant parts thereof that remained shall be preserved together with all
available records pertaining to its adoption or amendment.

SECTION 9. INTERPRETATION OF ZONE/DISTRICT BOUNDARIES – When uncertainty


exists with respect to the boundaries of any of the aforesaid zone/district as shown on the
Zoning Map, the following rules shall apply:

a. Where zone/district boundaries are so indicated that they approximately follow the
center of the streets or highways, the street lines or highway right-of-way lines , shall
be construed to be the boundaries;

b. Where zone/district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be the boundaries;

c. Where zone/district boundaries are so indicated that they are approximately parallel to
the center lines or street lines of streets, or the center lines or right of way lines of
highways, such zone/district boundaries shall be construed as being parallel thereto
and at such distance there from as indicated on the zoning map. If no distance is

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given, such dimension shall be determined by the use of the scale shown on the said
zoning map;

d. Where the boundary of a zone/district follows approximately a railroad line, such


boundary shall be deemed to be the railroad right of way;

e. Where the boundary of a zone/district follows a stream, lake or other bodies of water,
said boundary line shall be deemed to be at the limit of the political jurisdiction of the
community, unless otherwise indicated. Boundaries indicated as approximately
following the center of streams, rivers, canals, lakes or other bodies of water shall be
construed to follow such center lines. Boundaries indicated as parallel to, or the scale
of map shall determine extension of indicated features not specifically indicated on the
zoning map; 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.

f. Where a boundary line divides a lot or crosses un-subdivided property, the location of
such boundary shall be indicated upon the zoning map using the scale appearing on
such maps.

g. Where a lot of one owner, as of record at the effective date of this Ordinance is
divided by a zone/district boundary line, the lot shall be construed to be within the
zone/district where the major portion of the lot is located. In case the lot is bisected by
the boundary line, it shall fall in the zone/district where the principal structure falls.

h. Where a zone/district boundary is indicated as one-lot-deep, said depth shall be


construed to be the average lot depth of the lots involved within each particular city
block. Where, however, any lot has a depth greater than said average, the remaining
portion of the lot shall be construed as covered by the one-lot-deep zoning/district
provided the remaining portion has an area equivalent to fifty (50%) percent of the
total area of the entire lot. If the remaining portion has an area equivalent to fifty
(50%) percent or more of the total area of the lot, then the average lot depth shall be
apply to the lot which shall become a lot divided and covered by two or more different
zoning districts, as the case may be.

i. Where a zoning/district boundary line is indicated in the zoning map, one block deep
or a fraction thereof, such boundary line shall be scaled or determined by the Zoning
Administrator.

j. In case of any remaining doubt as to the location of any property along zone boundary
lines such property shall be considered as falling within the less restrictive zone.

k. The textual description of the zone boundaries shall prevail over that of the Official
Zoning Maps.

SECTION 10. ZONE BOUNDARIES – The locations and boundaries of the various zone
boundaries into which the city has been divided are hereby identified and specified as
follows:

a. GENERAL RESIDENTIAL ZONE (GRZ)

1. Area along Manila-Cavite Road at Pulo 2 including Bay View Subdivision


(except for areas along GCZ and GIZ).

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2. Area bounded by Barrera St. on the S, by Bacoor Bay on the SE, by Manila
Bay on SW, by R. Gonzales on the NW and M. Santos St., to Himlayang
Caviteño on the NE (except for areas along GCZ);

3. Area bounded by R. Gonzales St., on the SW by M. Santos St., on the SE by


Ronquillo St., on the N by T. Gomez St., on the NE (except for areas along
GCZ);

4. Area bounded by Ronquillo St., on the S by Bacoor Bay on the NE, by Public
Market, by P. Burgos Ave., on the NW (except for areas along GCZ);

5. Area bounded by P. Burgos Ave., on the S by Manila Bay on the SW by A. del


Rosario St., on the N by H. del Trabajo St., on the NE (except for areas along
GCZ);

6. Area bounded by A. del Rosario St., on the S by Manila Bay/City Cemetery on


the W by Sangley Point on the N by R. Palma St., on the NE (except for areas
along GCZ);

7. Area bounded by R. Palma St., and H. del Trabajo St., on the NW by Sangley
Point on the N by Cañacao Bay on the NE by L. Jaena St. on the S (except for
areas along GCZ and those covered by LIZ and CSUZ);

8. Area bounded by L. Jaena on the N by H. del Trabajo St., on the NW by


Bacoor Bay on the S by Samonte Park on the NE (except for areas along GCZ
and those covered by CSUZ and TZ);

9. Area bounded by Plaza Soledad on the NE P. Gomez St., Gen. Trias St.,
Judge Ibañez St. (except for areas along GCZ and TZ).

b. GENERAL COMMERCIAL ZONE (GCZ)

1. All along P. Burgos Sts., from Ronquillo St. to Dra. Salamanca St. up to corner
Lopez Jaena including Cajigas, Molina, Hermanos Sts. up to corner Lopez
Jaena St., and Regada Plaza.

2. All streets surrounding the Ciudad Nuevo Public Market bounded by Regada
Plaza on the East, P. Burgos on the North, Molina on the West and Bacoor
Bay on the South.

3. All along Lopez Jaena St. from corner Dra. Salamanca St. up to corner Molina
St.

4. All around Samonte Park.

5. All along Dra. Salamanca St., from corner L. Jaena St., up to corner L. Diwa
St.

6. All along M. Gregorio St. from corner Dra. Salamanca St., to corner Julian
Felipe Blvd.

7. All along Julian Felipe Blvd. from M. Gregorio St. to corner Ronquillo St.

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8. All along Julian Felipe Blvd. from corner Ronquillo St. to Julian Felipe
Monument.

9. All along Miranda St. from corner Ronquillo St. to Julian Felipe Monument.

10. All along Manila-Cavite Rd. from corner Alejandro St. to Noveleta Boundary.

c. LIGHT INDUSTRIAL ZONE (LIZ)

1. Area bounded by Sangley Point on the North, Cañacao Bay on the East, creek
on the South, Dra. Salamanca St. and C. Dones St. on the West and the
coastline of the City reclaimed area, going to the City Hall.

d. GENERAL INSTITUTIONAL ZONE (GIZ) – These zones is for government buildings,


churches and chapels, institutions of higher learning and is not hereby zoned to
specific area, and shall be allowed to locate as may be necessary in any specific area
or areas.

e. SPECIAL INSTITUTIONAL ZONE (SIZ) – FOR MILITARY CAMP AND TRAINING


GROUND

1. Naval Base Cavite (Sangley Point and Fort San Felipe)

2. Corregidor and its adjacent Islands of Limbores, El Fraile, La Monja and


Carabao.

f. PARKS/OPEN SPACE AND RECREATION ZONE – Area bounded by Samonte


Park, Botanical and Zoological Park (Alejandro St., Seabreeze Subdivision), and other
areas located in residential and commercial districts (MRF, Public and Private
Cemeteries) use for sports and amusement (cockpit arena)

g. RECLAMATION ZONE – areas for creation of new land from bays, open waters for
other purposes.

1. Areas along the shorelines of Manila Bay, on the North of Manila-Cavite Blvd.
from East of Miranda St., going West to Cavite Medical Center, Dalahican
District.

2. Areas along the coastline of Manila Bay bounded by Sangley Point on the
North, Cañacao Bay on the East.

3. Areas along the shorelines of Bacoor Bay, on the South of Ciudad Nuevo I, on
the West of city reclaimed area to Cañacao Bay on the East.

4. Ciudad Nuevo II

5. Porta Vaga areas

h. COASTAL AND SEA USE ZONE (CSUZ)

1. Area covering the city’s territorial coastal waters of Manila Bay, Cañacao Bay
and Bacoor Bay including the shorelines of Corregidor and adjacent Islands

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intended for fishing, aquaculture activities, recreation, tourism, navigation,


military reservation and other Domestic and Industrial use.

i. TOURISM ZONE (TZ)

1. Areas bounded by R. Basa St. on the SW, Plaridel St. on the SE, Lopez Jaena
St. on the NW, Cañacao Bay on the North, Naval Base Cavite – Fort San
Felipe on the NE and Bacoor Bay on the East, Samonte Park, Centennial
Plaza (Isthmus of Rosario), Corregidor and adjacent islands..

2. Other areas considered tourist spots.

j. SOCIALIZED HOUSING ZONE (SHZ)

1. Areas along the shorelines of Manila Bay going West of Dalahican District.

2. Areas along the coastline of Manila bay bounded by Sangley Point on the
North, Canacao Bay on the East.

3. Areas on the South of Ciudad Nuevo I.

4. Areas on the East of Ciudad Nuevo II.

5. Porta Vaga areas.

ARTICLE V
ZONE REGULATIONS

SECTION 11. GENERAL PROVISIONS – The uses enumerated in the succeeding sections
are not exhaustive or all inclusive. The Local Zoning Board of Appeals (LZBA) shall, subject
to the requirements of this Article, allow other uses not enumerated hereunder provided that
they are compatible with the uses expressly allowed.

a. Allowance for further uses shall be based on the intrinsic qualities of the land and the
socio-economic and ecological/biophysical potential of the locality with due regard to
the maintenance of the essential qualities of the zone.

b. Specific uses/activities of lesser density within a particular zone may be allowed with
the zone of higher density but not vice-versa, nor in one zone and its subdivisions,
except for uses expressly allowed in said zones, such that the cumulative effect of
zoning shall be intra-zonal and not inter-zonal.

SECTION 12. USE REGULATIONS IN GENERAL RESIDENTIAL ZONE (GRZ) – The


zone/district shall be for exclusively residential purposes to maintain the peace and quiet of
the area. The following shall be the allowable uses, subject to all the conditions herein
enumerated:

a. Detached family dwelling


b. Multi-family dwellings unit
c. Residential Condominium
d. Apartment
e. Hometel

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f. Pension House
g. Dormitory
h. Hotel apartment or apartel
i. Boarding house
j. Branch Libraries and Museum
k. Customary accessory uses like – servant’s quarters, private garage, guard house,
private per house
l. Home occupation like the practice of one’s profession, dressmaking, tailoring, baking,
sari-sari store and the like, provided that:

1. The number of persons engaged in such business/industry shall not exceed


five (5), inclusive of the owner;

2. There shall be no charge in the outside appearance of the building premises;

3. No home occupation shall be conducted in any customary accessory uses


cited above;

4. 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 the required front yard;

5. No equipment or process shall be used in such home occasion which creates


noise, vibration, glare, fumes, odors and electrical interference detectable to
the normal senses and visual or audible interference in any radio or television
receiver or causes fluctuations in line voltage off the premises.

m. Home Industry Classified as cottage industry provided that:

1. Such home industry shall not occupy more than thirty (30%) percent of the
floor area of the dwelling unit. There shall not be a hazard of nuisance.

2. Allotted capitalization shall not exceed the capitalization as set by Department


of Trade and Industry (DTI);

3. Such shall consider same provisions as enumerated in numbers 3, 4, and 5 of


letter L-Home Occupation, this section.

n. Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:

1. Swimming Pool
2. Pelota/Tennis Court
3. Bowling
4. Others

o. Nursery and Day Care Center


p. Elementary school
q. High school and Vocational school
r. Sports Club
s. Religious use
t. Multi-Purpose Hall/Barangay Hall

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u. Clinic, Nursing and Convalescing Home, Health Center with not more than 5 bed
capacity
v. Plant Nurseries, and
w. Socialized Housing for the under privileged and homeless as defined in RA 7279.

SECTION 13. USE REGULATIONS IN GENERAL COMMERCIAL ZONE (GCZ) – A GC


Zone shall be for business/trade/services uses. Within the zone, the following types of
establishments shall be allowed:

1. Offices like:

a. Office building
b. Office condominiums

2. Stores and shop like:

a. Shopping center
b. Department stores
c. Bookstores and office supply shops
d. Home appliance store
e. Car shops
f. Photo shops
g. Jewelry stores
h. Pawn shops
i. Drug stores
j. Computer shops

3. Food markets and shops like:

a. Markets
b. Bakeries and bake shops
c. Wine stores
d. Groceries
e. Supermarkets
f. Food Courts

4. Restaurant and other eateries

5. Recreational centers like:

a. Movie houses and theaters


b. Play Courts e.g. Bowling and billiard courts
c. Amusement centers
d. Day and night club
e. Stadium, coliseum, gymnasium
f. Other sports and recreational establishment

6. Personal services shops like:

a. Beauty parlor
b. Barber shops
c. Sauna bath and massage clinics
d. Dressmaking and tailoring shops

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7. Short terms special education like:

a. Dancing schools
b. Driving schools
c. Schools for self-defense
d. Speech clinics

8. Storerooms and warehouses, but only as maybe necessary for the efficient conduct of
the business

9. Commercial Condominium (with residential unit in upper floors)

10. Commercial Housing like:

a. Hotel and Motel


b. Apartment
c. Apartel
d. Boarding House and Dormitory
e. Pension House and Club House

11. Embassy/Consulate
12. Library and Museum
13. Clinics and hospitals
14. Convention center and other related facilities
15. Vocational and Technical Schools
16. Repair shops like:

a. Home appliances repair shop


b. Motor vehicles and accessory repair shop
c. Home furnishing repair shop

17. Funeral Homes/Parlors, mortuaries, memorial chapels and crematoriums


18. Flower shops
19. Filling Station/Service Station
20. Transportation Terminal for mini buses
21. Lumber/Hardware
22. Cottage industries
23. Public stock yards and slaughterhouse
24. Cold storage and warehouses
25. Messengerial services
26. Security agency
27. Janitorial services
28. Bank and other quasi financial institutions
29. Radio and Television Stations and similar establishments
30. Building garage, parking lot
31. Bakery and Baking of bread, cake, pastries, pies and other similar perishable
products
32. Custom dressmaking shop
33. Custom Tailoring shop
34. Commercial job printing
35. Typing and Photo and engraving services
36. Video rentals
37. Internet Café

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38. Lechon Manok and whole pig roasting


39. Manufacturing of insignia, badges and similar emblems Scientific, cultural, and
academic centers and research facilities except nuclear, radioactive, chemical and
biological welfare facilities.
40. Optical instruments, camera and other precision equipment
41. Computers, clock, watches, cell phones and the likes
42. Bars, day and night clubs, cabarets, soda fountains and similar establishments
43. Transportation Terminal/garage with or without repair
44. Printing/Publishing of books and pamphlets, printing cards and stationary
45. Medium scale junkshop
46. Machinery display shop/center
47. Gravel and Sand
48. Manufacture of ice, ice cubes, blocks, tubes, crush except dry ice
49. Manufacture of signs and advertising displays
50. Manufacture of wood, rattan, furniture including upholstered
51. Manufacture of box bed and mattresses
52. Welding shops
53. Machine shop service operation (repairing/rebuilding, or custom job orders)
54. Chicharon factory
55. Biscuit factory
56. Doughnut and hopia factory
57. Other bakery product not elsewhere classified
58. Repacking of food product e.g. fruits, vegetables, sugar and other related products
59. Other sports and recreational establishments like swimming pools, stadium, coliseum,
and gymnasium
60. Other commercial activities not elsewhere classified

SECTION 14. USE REGULATIONS IN LIGHT INDUSTRIAL ZONE (LIZ) – A LI Zone shall
be for non-pollutive and non-hazardous (NP/NH), manufacturing/processing establishments.
Enumerated below are the allowable uses:

a. Manufacturing industries certified as non-pollutive and non-hazardous by the


Department of Environment and Natural Resource (DENR).

b. Other compatible manufacturing industries as may be approved from national


agencies concerned.

SECTION 15. PROHIBITIVE REGULATIONS USE – Manufacturing industries classified as


pollutive and hazardous (P/H), pollutive and extremely hazardous (P/EH), and highly pollutive
and extremely hazardous (HP/EH), classified by the Department of Environment and Natural
Resources (DENR) and other national agencies concerned shall not be allowed in any area
covered by the jurisdiction of the City including creeks, coastal and sea areas.

SECTION 16. USE REGULATIONS IN GENERAL INSTITUTIONAL ZONE (GIZ) – In GI


Zone, the following uses shall be allowed:

a. Government center to house national, regional or local offices in the area

b. Colleges, universities, professional business schools, vocational and trade schools,


technical schools and other institutions of higher learning

c. General hospitals, medical centers, multi-purpose clinics

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d. Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities

e. Convention centers and other related facilities


Religious structures e.g. church, seminary, convent and similar buildings for religious
purposes

f. Museums

g. Libraries and Museums

h. Embassies/consulate

i. Orphanages, Home for the aged and other welfare institutions

j. Student housing e.g. dormitories and boarding houses

k. Other similar institutions

SECTION 17. USE REGULATIONS FOR SPECIAL INSTITUTIONAL ZONE (SIZ) – for
Military Camps and Training Grounds such as Naval Base Cavite (Sangley Point) and Fort
San Felipe and for all other areas classified as National Defense Zone by the National
Government such as the islands adjacent to Corregidor.

SECTION 18. USE REGULATIONS FOR PARKS/OPEN SPACE AND RECREATION


ZONE (PRZ) – The following uses shall be allowed in parks and recreation zones:

a. Parks, Playgrounds and City Plaza

b. Resort areas, e.g. beaches including accessory uses

c. Zoological/Botanical Garden

d. Shrines, Monuments, Kiosk and other Park structures

e. Memorial Parks, Cemeteries

f. Recreational and Sports Establishments like bowling alleys, gymnasiums, billiard


halls, pelota and tennis courts, swimming pool, etc., except bars, beer gardens, day
and night clubs and similar establishments are hereby allowed to integrate within
residential, industrial and commercial areas provided, however, nuisance and
disturbances are fully prevented.

g. There shall only be two (2) cockpits within the jurisdiction of the City. The existing site
of the present cockpit is hereby established as the site for cockfights. Presidential
Decree 449, Section 5, Article C- Cockpits shall be constructed and operated within
the appropriate areas as prescribed in the zoning ordinance. (Amendment: 2.
Establishment of Cockpit – Only one (1) cockpit shall be allowed in each City or
Municipality: Provided, however, that in cities and municipalities with a population of
more than one hundred thousand, two (2) cockpits may be established, maintained
and operated in the city. ”Ordinance No. 07-3170.”

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SECTION 19. USE REGULATIONS IN COASTAL AND SEA USE ZONE (CSUZ) – The
utilization of water resources for domestic and industrial use shall be allowed provided it is in
consonance with the development regulations of DENR, provisions of the Water Code and
provided further, that it is subjected to an environmental impact and vulnerability assessment
prior to the approval of its use.

Other uses such as fishing, aqua-culture activities, recreation, tourism, navigation, military
reservation, floatage/transportation and mining (e.g. off shore oil exploration) and other
related activities shall be allowed provided it is in consonance with the provisions of the
Water Code, as well as other laws and regulations such as Water Act, CCA, DRRM and in
accordance with the City Coastal Land and Sea Use Plan, and subject to the guidelines of
the City Agriculture Office. Such bodies of water shall include rivers, streams, lakes and seas.

SECTION 20. USE REGULATIONS IN TOURISM ZONE (ETZ) – Sites endowed with
natural or man-made physical, cultural heritage attributes and resources that are conducive
to tourism, recreation, leisure and other wholesome activities within the city and the Island of
Corregidor.

a. No projects or constructions shall be permitted in this zone unless allowed, developed


or undertaken in accordance with the local city ordinance and with that of the
Department of Tourism (DOT) Guidelines and Standards.

ARTICLE VI
GENERAL ZONE/DISTRICT REGULATIONS

SECTION 21. DEVELOPMENT DENSITY – Permitted density shall be based on the


zones/districts capacity to support development.

a. ALL ZONES – There is no fixed maximum density, but should be based on the
planned absolute level of density that is intended for each concerned zone/district
based on the Comprehensive Land Use Plan.

SECTION 22. HEIGHT REGULATIONS – Building height must conform to the height
restrictions and requirements of the Air Transportation Office (ATO) as well as the
requirements of the National Building Code, the Structural Code as well as all laws,
ordinances, design standards, rules and regulations related to land development and building
construction of the various safety codes.

SECTION 23. EXEMPTIONS FROM HEIGHT REGULATIONS – Exempted from the


imposition of height regulations in residential zones are the following: towers, church
steeples, water tanks and other utilities such as structures that are not covered by the height
regulations of the National Building Code and/or the Air Transportation Office.

SECTION 24. AREA REGULATIONS – Area regulation in all zones/districts shall conform to
the minimum requirement of the existing codes such as:

a. PD 957 – Subdivision and Condominium Buyer’s Protective Law and its revised
Implementing Rules and Regulations
b. BP 220 – An Act authorizing the Ministry of Human Settlements to Establish and
Promulgate Different Levels of Standards and Technical Requirements for Economic
and Socialized Housing Projects in Urban and Rural Areas provided under PD 957,
1216, 1096 and 1185 and its revised Implementing Rules and Regulations

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c. PD 957 (amended by PD 1216) – Regulating the Use and Sale of Subdivision Lots
and Condominiums and providing Penalties for Violations thereof

d. PD 1216 – Defining Open Space in Residential, Subdivisions and Amending Section


31 of Presidential Decree No. 957 Requiring Subdivision Owners to Provide Roads,
Alleys, Sidewalks and Reserve Open Space for Parks or Recreational use

e. PD 1096 – Adopting a National Building Code of the Philippines thereby revising RA


No. 6541

f. RA 9514 – Establishing a Comprehensive Fire Code of the Philippines repealing PD


1185 – Fire Code of the Philippines

g. RA 7279 – Urban Development and Housing Act of 1992 Establishing the Housing
and Urban Development Coordinating Council and its Implementing Rules

h. PD 2146 – Proclaiming certain areas and types of projects as Environmentally critical


with the scope established under PD 1586 (The Environmental Impact Statement
System shall have a complete study and have formulated a Comprehensive and
Integrated Land Use Plan)

i. PD 399 – Proclaiming the limitation for use of a strip of 1,000 meters of land along
existing or proposed public road or highway until the government

j. National Structural Code of the Philippines (2007-2010)

k. PD 856 – Sanitation Code

l. PD 1067 – Water Code

m. PD 1185 – Fire Code of the Philippines

n. RA 1378 – Plumbing Law

o. Executive Order No. 648 – Reorganizing the Human Settlements Regulatory


Commission to promote innovative land development and land-use.

p. Executive Order No. 72 – Providing for the Preparation and Implementation of the
Comprehensive Land Use Plan of the LGU pursuant to LGC of 1991

q. Executive Order No. 71 – Devolving the Power of the Housing and Land Use
Regulatory Board to approved Subdivision Plans to Cities and Municipalities pursuant
to RA 7160 or the LGC of 1991

r. Other relevant guidelines promulgated by the national agencies concerned.

SECTION 25. SPECIFIC PROVISIONS IN THE NATIONAL BUILDING CODE AND


WATER CODE – Specific provisions stipulated in the National Building Code, and Water
Code, as amended thereto, relevant to Road Setback Regulations, Easement, Buffer
Regulations, Traffic Generators, Advertising and Business signs, erection of more than one
principal structure, dwelling or real lots, access yards requirements and dwelling groups,
which are not in conflict with the provisions of this Zoning Ordinance, shall be observed.

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SECTION 26 – ROAD SETBACK REGULATIONS – The following road setback regulations


shall be applied.
ROAD SETBACK

Zoning Classification Major Thoroughfare Secondary Road Tertiary Road

Diversion/Railways National/Provincial City/Bgy


Residential 10m 10m 3m
Commercial 20m 20m 7m
Industrial 30m 25m 10m
Agriculture 20m 20m 7m
Institutional 20m 20m 10m
Parks & Recreation 10m 10m 3m
Source: DPWH

SECTION 27. EASEMENT – Pursuant to the provisions of the Water Code:

a. The banks of rivers and streams and the shores of the seas and lakes throughout
their entire length and within a Zone of three (3) meters in Urban Areas and twenty
(20) meters in Agricultural Areas along their margins, are subject to easement of
public use in the interest of recreation, navigation, floatage, fishing and salvage.

b. 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. Plants or trees shall be planted along the buffer zones shall consider
varieties that have very good water retentive capacity.

The above easement regulations shall be the minimum as provided for by PD 1067 and shall
be increased or enlarged subject to climate change and disaster risk reduction and
management studies.

SECTION 28. BUFFER REGULATIONS – A buffer of three (3) meters shall be provided
along entire boundary length between two or more conflicting zones allocating 1.5 meters
from each side of the district boundary. Such buffer strip should be open and not encroached
upon by any building or structure and should be part of the yard or open space.

SECTION 29. TRAFFIC GENERATORS – All traffic generating buildings and structure
allowed in any of the zones/districts must provide for adequate parking spaces for the
employees, clients and visitors.

SECTION 30. ADVERTISING AND BUSINESS SIGNS – Advertising and business signs to
be displayed or put up for public view in any of the zones/districts herein enumerated must
comply with the rules and regulations on the matter.

SECTION 31. ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE – In any


zones/districts where more than one structure may be permitted to be erected on a single lot,
the yard and other requirements of this Ordinance shall be met for each structure as though it
were erected on an individual lot.

SECTION 32. DWELLING OR REAL LOTS – No building used or designated to be used as


a residence shall be allowed in any rear lot such a lot has an exclusive right-of-way and
easement is at least two meters (2m.) wide.

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SECTION 33. ACCESS YARDS REQUIREMENTS – Lots abutting on a district boundary line
shall conform to the yard requirements of the more restrictive zone/district bounded by the
line.

SECTION 34. DWELLING GROUP – When it is impracticable to apply the requirements of


this Ordinance to individual building unit in a residential compound may be issued provided
that the plan thereof conforms to the following conditions:

a. That the building to be used only for residential purposes and such accessory uses
are permitted in the district where the compound is located.

b. That the average lot area per family or dwelling unit, in the compound, exclusive of
the area used, or to be used for streets or driveways, is not less than lot area per
family required in the district/zone.

c. That there is provided within the tract on which the residential compound is to be
located, an option space for playground purposes within an area equivalent to at least
an aggregate area of five percent (5%) of the required area per family, but one case
less than one hundred square meters (100 sq. m.) provided that where the residential
compound is intended for less than ten (10) families, the setting aside of such area for
playground purposes may be dispensed with, and provided, further, that when an
open space for playground purposes is set aside, this open space may be used as
part of the yard requirements for the compound.

d. That there is provided, within the tract on which the residential compound is to be
erected or immediately adjacent thereto, an adequate private garage or off-street
parking area, depending on the needs of the residents and their visitors.

ARTICLE VII
SUPPLEMENTARY REGULATIONS

SECTION 35. APPLICATION OF ZONE/DISTRICT REGULATIONS – The regulations set by


this ordinance with each Zone/District unless otherwise provided shall apply uniformly to be
each class or kind of structure or land as follows:

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


structure or part thereof shall hereafter be erected, constructed or reconstructed
structurally altered except for the zone/district in which it is located;

b. No building or other structure shall hereafter be erected or altered:

1. To exceed the prescribed height or bulk

2. To accommodate or house a greater number of families

3. To occupy a greater percentage of lot area

4. To have narrower or smaller yard requirements or in any other matter contrary


to the provisions of this ordinance.

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SECTION 36. INTEGRATED ZONING

a. Residential buildings, institutions and hotels shall be allowed to locate in areas


specified as residential, commercial and institutions.

b. Commercial establishments shall be allowed to integrate or locate within industrial


areas.
c. Vice-versa of the above provisions is hereby prohibited.

SECTION 37. 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 HLURB for appropriate action, unless the local
government units concerned has the capacity to process the same.

SECTION 38. BUILDING PERMITS ISSUED PRIOR TO THE APPROVAL OF THIS


ORDINANCE – Nothing herein contained shall require any change in the plans, construction,
size or designated use of any building, structure or part thereof for which a building permit
has been duly granted prior to the adoption of this ordinance, provided the construction of
such building, structure or part thereof shall have been started with six (6) months from the
date of the issuance of such permit. If construction is started after the six months period, no
construction of the building in accordance with this Ordinance shall be issued.

SECTION 39. EASEMENT, STREETS AND OTHER PUBLIC LANDS NOT INCLUDED IN
ANY ZONE/DISTRICT – Should land or any portion thereof revert to private ownership and
the said street or public land does not appear on the official zoning maps as included in any
district, the regulations provided for in this Ordinance which are applicable to the most
restricted district immediately adjacent to the land under consideration shall be applied to
such land or portion thereof.

ARTICLE VIII
MISCELLANEOUS PROVISIONS

SECTION 40. PROJECTS OF NATIONAL SIGNIFICANCE – Projects maybe declared by


the NEDA Board as projects of national significance pursuant to Section 3 of Executive Order
72. When a project is declared by the NEDA Board as a project of national significance, the
locational clearance shall be issued by HLURB pursuant to Executive Order No. 72.

SECTION 41. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) – Notwithstanding


the issuance of locational clearance under Section 46 of this Ordinance, no environmentally
critical projects nor projects located in environmentally critical areas shall be commenced,
developed or operated unless the requirements of ECC have been complied with.

SECTION 42 SUBDIVISION PROJECTS – All owners and/or developers of subdivision


projects shall in addition to securing a locational clearance under Section 46 of this
Ordinance be required to secure a development permit pursuant to provisions of PD 957 and
its implementing rules and regulations or BP 220 and its implementing rules and regulations
in the case of socialized housing projects in accordance with the procedures laid down in
Executive Order 71, Series of 1993.

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ARTICLE IX
MITIGATING DEVICES

SECTION 43. DEVIATION – Exemptions, variances or deviations from the provisions of this
Ordinance shall be allowed by the Local Zoning Board of Appeal (LZBA) only when the
following terms and conditions are exists:

a. VARIANCE

1. 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 of
the property. This condition shall include at least three (3) of the following
provisions:
a. Conforming to the provisions of this Ordinance 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.

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


reasonable use of the property.

c. The variance will not alter the physical character of the district or zone.

d. That the variance will not weaken the general purpose of the Ordinance and
will not adversely affect the public health, safety and welfare.

e. The variance will be in harmony with the spirit of this ordinance.

b. EXCEPTIONS

1. The exceptions will not adversely affect the public health, safety and welfare and
is keeping with the general pattern of development in the community.

2. The proposed project shall support economic based activities, provide livelihood,
vital community services and facilities while at the same time posing no adverse
effect on the zone/community.

3. Exception will not adversely affect the appropriate use of adjoining property in the
same district.

4. The exception will not alter the essential character and general purpose of the
district where the exception sought is located.

SECTION 44. PROCEDURES FOR GRANTING EXCEPTION AND VARIANCES – The


procedure for granting exception and/or variances is as follows:
a. A written application for an exception or variance shall be filed with the Local Zoning
Board of Appeals (LZBA) citing the section of this Ordinance under which the same is
sought and stating the ground/s thereof.

b. Upon filing the application, a visible project sign, indicating the name and nature of the
proposed project shall be posted at the project site.

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c. The Local Zoning Board of Appeals shall conduct preliminary studies on the
application.

d. A written affidavit on non-objection of the project by the owners of the properties


adjacent to the project shall be filed by the applicant with the LZBA at least fifteen (15)
days prior to the decision for exception/variance.

e. In case of objection, the LZBA shall hold public hearing.

f. 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.

g. The LZBA shall render a decision within thirty (30) days from the filing of the
application, exclusive of the time spent for the preparation of written affidavit of non-
objection and the public hearing in case of any objection to the granting of
exception/variance.

ARTICLE X
ENFORCEMENT AND ADMINISTRATION

SECTION 45. LOCATIONAL CLEARANCE – All owners/developers shall secure Locational


Clearance from the Zoning Administrator/Zoning Officer or in cases of variances and
exceptions from the Local Zoning Board of Appeals (LZBA) prior to conducting any activity or
construction on their property/land.

SECTION 46. BUILDING PERMIT – No building permit shall be issued by the Local Building
Officer without a valid locational clearance in accordance with this Ordinance.

SECTION 47. NON-USER OF LOCATIONAL CLEARANCE – Upon issuance of a locational


clearance, the grantee thereof shall have one (1) year within which to commence or
undertake the use, activity or development covered by such clearance on his property. Non-
Use of said clearance within said period shall result in its automatic expiration, cancellation
and the grantee shall not proceed with his project without applying for new clearance.

SECTION 48. CERTIFICATE OF NON-CONFORMANCE – A Certificate of Non-


Conformance shall be applied for by the owner of the structure or operator of the activity
involved within six (6) months from the ratification of the Zoning Ordinance by the
Sangguniang Panglalawigan. Failure on the part of the owner to register/apply for a
Certificate of Non-Conformance shall be considered in violation of the Zoning Ordinance and
is subject to fine/penalties.

Upon approval of this Ordinance, the Zoning Administrator/Zoning Officer shall immediately
notify owners of known existing non-conforming use to apply for a Certificate of Non-
Conformance.
SECTION 49. EXISTING NON-CONFORMING USES AND BUILDINGS – The lawful uses of
any building, structure or land at the time of adoption or amendment of this Ordinance may
be continued, although such uses do not conform to the provisions of this Ordinance,
provided:

a. That no such 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 this

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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.

b. That no such non-conforming use which has ceased from operation for more than one
(1) year be again revived as non-conforming use.

c. That an idle/vacant structure may not be used for non-conforming activity.

d. 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 (50%) percent of the replacement cost.

e. That should such non-conforming portion of structure be destroyed by any means to


an extent of more than fifty (50%) percent of its replacement cost at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of
this Ordinance.

f. That no such non-conforming structure use maybe moved to displace any conforming
use.

g. 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.

h. 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. In addition, the owner of a non-conforming use shall program the phase out and
relocation of the non-conforming use within ten (10) years from the effectivity of this
Ordinance.

SECTION 50. CERTIFICATE OF ZONING COMPLIANCE – No building permit shall be


issued unless a certificate of zoning compliance has been made or obtained from the Zoning
Administrator. Such certificate shall show among other things that the building or part thereof
and the proposed use of the same are in conformity with the provisions of this Ordinance.
The Zoning Administrator shall maintain a record of all certificate of zoning compliance and a
copy shall be furnished upon request of any interested person.

SECTION 51. EXPIRATION OF BUILDING PERMIT

a. If the work described in any building permit has not begun within ninety (90) days from
the date of the issuance thereof, said permit shall be cancelled by the Zoning
Administrator and a written notice thereof shall be given to the persons affected.

b. If the work described in a building permit has not been substantially completed within
two (2) years from the date of its issuance, said permit shall be cancelled by the
Zoning Administrator and a written notice therefore shall be given to the persons
affected, together with a notice that further work as described in the cancelled permit
shall not continue unless and until a new building permit has been obtained.

SECTION 52. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT – This


Ordinance shall be enforced and administered by the Local Chief Executive through the

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Zoning Administrator/Zoning Officer who shall be appointed by the former in accordance with
the existing rules and regulations on the subject.

SECTION 53. POWERS AND FUNCTIONS OF THE ZONING ADMINISTRATOR and/or


ZONING OFFICER – Pursuant to the provisions of Executive Order No. 72, Implementing RA
7160 in relation to Section 5, Paragraph a and d and Section 7 of Executive Order No. 648
dated February 1981. The Zoning Administrator/Zoning Officer shall perform the following
functions, duties and responsibilities:

a. ENFORCEMENT

1. Action on all applications for locational clearance for all projects.

a. Issuance of Locational Clearance for projects conforming to zoning


regulations.

b. Recommend to the Local Zoning Board of Appeals (LZBA) the grant or


denial of applications for variances and exemptions and the issuance of
Certificate of Non-Conformance for non-conforming projects lawfully
existing at the time of the adoption of the zoning ordinance, including
clearances for repairs/renovations on non-conforming uses consistent with
the guidelines therefore.

2. Monitor on-going/existing projects within their respective jurisdictions and issue


notices of violations and show cause order to owners, developers, or managers of
projects that are violative of zoning ordinance and if necessary, pursuant to
Section 3 of Executive Order 72 and Section 2 of Executive Order 71 refer to
subsequent actions thereon to the HLURB.

3. Call and coordinate with the Philippine National Police for enforcement of all
orders and processes issued in the implementation of this ordinance.

4. Coordinate with the City Prosecutor/City Legal Officer for other legal
actions/remedies relative to the foregoing.

b. PLANNING

1. Coordinate with the Sangguniang Panglalawigan regarding proposed


amendments to the Zoning Ordinance prior to adoption by the Sangguniang
Panglunsod.

SECTION 54. ACTION ON COMPLAINTS AND OPPOSITIONS – A complaint for violations


of any provisions of the Zoning Ordinance or of any clearance or permits issued pursuant
thereto shall be filed with the LZBA. However, oppositions to application for clearance,
variance or exceptions shall be treated as a complaint and dealt with in accordance with the
provisions of this section.

ARTICLE XI
LOCAL ZONING BOARD OF ADJUSTMENT APPEALS

SECTION 55. CREATION AND COMPOSITION OF THE LOCAL ZONING BOARD OF


APPEALS (LZBA) – The members of the LZBA shall be appointed by the City Mayor with the

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concurrence of the Sangguniang Panglunsod, each for a term of three (3) years. Members of
LZBA may be removed from office for just a cause after written charges had been filed and
public hearing held for the purpose. Vacancies shall be filled up only for the unexpired terms
of the members affected. The concurring vote of the majority of the members shall be
necessary to reverse any order, decision or determination of the Zoning Administrator.

The composition of the LZBA shall be as follows:

a. City Mayor as Chairman


b. City Administrator
c. Legal Officer
d. City Assessor
e. City Engineer
f. City Planning and Development Coordinator
g. CENRO
h. Two (2) representatives of the private sector nominated by their respective
organizations and confirmed by the City Mayor. In the event of non-availability of the
officials enumerated above, the Sangguniang Panlungsod shall elect the number of its
members as may be necessary to meet the total number above set forth, as
representatives.
i. Two (2) representatives from non-government organization nominated by their
respective organizations and confirmed by the City Mayor. In the event of non-
availability of any of the officials enumerated above, the Sangguniang Panglunsod
shall elect the number of its members as may be necessary to meet the total number
above set forth, as representatives.

SECTION 56. FUNCTIONS AND RESPONSIBILITIES OF THE LOCAL ZONING BOARD


OF APPEALS (LZBA) – The LZBA shall perform the following functions and responsibilities:

a. Act on applications of the following nature:

1. Variances
2. Exceptions
3. Non-Conforming Uses
4. Complaints and opposition to applications

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


Administrator/Zoning Officer.

1. Decisions of the Local Zoning Board of Appeals (LZBA) shall be appealable to the
HLURB.

SECTION 57. PROCEDURE IN THE LOCAL ZONING BOARD OF APPEALS – The LZBA
shall adopt rules necessary for the conduct of its affairs. Meetings shall be held at the call of
the Chairman and at such other times as the LZBA may determine. The Chairman, or in his
absence, the acting Chairman, or any of his duly authorized representative, may administer
oaths and compel the attendance of witnesses. All meetings shall be open to the public. The
LZBA shall keep a minute of its proceedings showing the vote of each member upon each
question raised and shall keep record of its official actions, all of which shall constitute a
public record.

SECTION 58. APPEALS – Any person aggrieved by the decision of the Zoning Administrator
regarding the interpretation, administration or enforcement of this Ordinance may appeal to

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the Local Zoning Board of Appeals (LZBA). Such appeal shall be taken within a reasonable
time but not exceeding sixty (60) days from the receipt of the notice of the decision or action
taken by the Zoning Administrator who shall forthwith transmit to the LZBA all papers
constituting the records upon which the action appealed from was taken. The LZBA shall fix
the time and place for the hearing of the appeal, give due notice to the parties to decide the
same within a reasonable time.

SECTION 59. POWERS OF THE LZBA

a. Hear and decide appealed cases where it is alleged that there is a substantial error in
any decision, order to determination made by the Zoning Administrator in the
enforcement of this Ordinance.

b. Grant variances and exceptions as provided for in this Ordinance.

SECTION 60. LIMITATIONS ON THE POWER AND AUTHORITY OF LZBA – The LZBA is
a quasi-judicial body. As such, it shall have no power and authority to amend, alter, repeal or
legislate a zoning ordinance. The territorial jurisdiction of the LZBA shall be limited to the City
from which it derives its authority.

SECTION 61. INTERIM PROVISION – Until such time that the Local Zoning Board of
Appeals shall have been constituted, the HLURB shall act as the Local Zoning Board of
Appeals. As an appellate board, the HLURB shall adopt its own rules and procedure to
govern the conduct of appeal arising from the administration and enforcement of this
Ordinance.

ARTICLE XII
LOCAL ZONING REVIEW COMMITTEE

SECTION 62. COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE (LZRC) –


The Local Zoning Review Committee shall be composed of sectoral experts.

a. These are the City Officials/Civic Leaders responsible for the operation, development
and progress of all sectoral undertakings in the locality, e.g.:

1. City Planning and Development Coordinator


2. City Health Officer
3. City Agriculturist
4. City Engineer
5. Liga of Barangay President
6. City Environment and Natural Resources Officer (CENRO)
7. District School Supervisor
8. Three (3) Private Sector Representatives
9. Two (2) NGO Representatives

b. For purposes of policy and program coordination, the City Development Council shall
create the Local Zoning Review Committee (LZRC) as one of its sub-committee.

SECTION 63. FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEE – The Local
Zoning Review Committee shall have the following powers and functions:

a. Review the Zoning Ordinance for the following purposes:

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b. Determine amendments or revisions necessary in the Zoning Ordinance because of


the changes that might have been introduced in the Comprehensive Land Use Plan;

c. Determine changes to be introduced in the Comprehensive Land Use Plan in the light
of permits given, and exception and variances granted;

d. Identify provisions of the Ordinance difficult to enforce or are unworkable;

e. Recommend to the Sangguniang Panlungsod, the necessary legislative amendments


and to the local planning and development staff the needed changes in the plan as a
result of the review conducted.

f. Provide information to the HLURB that would be useful in the exercise of its functions.

SECTION 64. REVIEW OF THE ZONING ORDINANCE – The Local Zoning Review
Committee (LZRC) shall evaluate the Zoning Ordinance considering the Comprehensive
Land and Coastal Use Plan, as the need arises, based on the following reasons/situations:

a. Change in local development plans


b. Introduction of projects of national significance
c. Petition for rezoning
d. Other reasons which are appropriate for consideration

SECTION 65. AMENDMENTS TO THE ZONING ORDINANCE – Changes in the Zoning


Ordinance as a result of the review by the Local Zoning Review Committee shall be treated
as an amendment, provided that any amendment to the Zoning Ordinance or provisions
thereof shall be subject to public hearing and review evaluation of the Local Zoning Review
Committee and shall be carried out through a resolution of three fourth (3/4) votes of the
Sangguniang Panglunsod. Said amendments shall take effect only after approval and
authentication by the Sangguniang Panglalawigan.

ARTICLE XIII
PENAL PROVISION

SECTION 66. PENALTY – Any person who violates any of the provision of this Ordinance
shall upon conviction be punished by a fine of not less than one thousand (Php 1,000.00)
pesos but not more than five thousand (Php 5,000.00) pesos or by imprisonment for a period
not less than one (1) month 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 erring officers.

SECTION 67. TIME OF PAYMENT – The fee imposed in this Ordinance shall be paid to the
City Treasurer at the time of the request, written or otherwise, before the request for
annotation of the document is granted.

ARTICLE XIV
FINAL PROVISIONS

SECTION 68. SUPPLETORY EFFECT OF OTHER LAWS AND DECREES – The provisions
of this Ordinance shall be without prejudice to the application of other laws, presidential
decree, letter of instructions and other executive or administrative orders vesting national

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agencies with jurisdiction over specific land areas, which shall remain in force and effect,
provided that land use decisions of the national agencies concerned shall be consistent with
the Comprehensive Land Use Plan of the City.

SECTION 69. SEPARABILITY CLAUSE – Should any provision, section or part of this
Ordinance be declared by a competent court to be unconstitutional or invalid, or suspended
or revoked by authorities concerned, such decision shall not affect or impair the validity of the
Ordinance as a whole or any part thereof other than the part so declared to be
unconstitutional or invalid.

SECTION 70. REPEALING CLAUSE – All ordinances, laws, rules and regulations, or parts
thereof, in conflict, or inconsistent with any provisions of this Zoning Ordinance are hereby
repealed or modified accordingly. PROVIDED, that the rights that are vested upon the
effectivity of this Ordinance shall not be impaired. Should there be existing general or special
ordinances which were inadvertently excluded during the formulation of this ordinance, they
shall continue to be in full force and effect provided that they are not in conflict with, or
contrary to, the provisions of this Ordinance

SECTION 71. EFFECTIVITY CLAUSE – This ordinance shall take effect upon approval by
the Sangguniang Panglalawigan.

UNANIMOUSLY ENACTED,

MARK JOSEPH T. MUPAS


City Councilor, President Protempore
and Acting Presiding Officer

ATTESTED:

NORA A. BUENAVENTURA
Secretary to the Sangguniang
Panlungsod I

APPROVED: October 16, 2014

BERNARDO S. PAREDES
City Mayor

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