AN ORDINANCE ADOPTING THE CITY ZONING ORDINANCE FOR THE

YEARS 2021-2030 OF THE CITY OF VALENCIA, BUKIDNON, REPEALING FOR

THE PURPOSE ORDINANCE NO. 32-2014.

Author: Hon. Mauricio Sistoso, Jr.

WHEREAS, the implementation of Comprehensive Land Use Plan would require

the enactment of regulatory measures to translate its planning goals and objectives into
reality and a Zoning Ordinance is one such regulatory measure which is an important
tool for the implementation of the comprehensive land use plan;

WHEREAS, the Local Government Code of 1991 authorizes 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, 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 has spearheaded and
assisted and coordinated the activities of local governments in comprehensive land use
planning;

NOW, THEREFORE, the Sangguniang Panlungsod of the City of Valencia in a

session assembled hereby adopts the zoning ordinance, thus:

BE IT ORDAINED, by the Sangguniang Panlungsod in the City of Valencia,

Bukidnon, in a regular session assembled, that;

ARTICLE I

TITLE ORDINANCE

SECTION 1. TITLE OF THE ORDINANCE. This ordinance shall be known as

the Zoning Ordinance.

ARTICLE II

AUTHORITYAND PURPOSE

SECTION 2. AUTHORITY. This ordinance is enacted pursuant to the provisions

of New Local Government Code of 1991 or RA7160 Sections 458 a.2 (7-9) and 447 a.2
(7-9) dated 10 October 1991, "Authorizing the Municipality through the Sangguniang
Panlungsod to adopt Zoning Ordinance subject to the provisions of existing laws', and in
conformity with E.O. No. 72.
 SECTION 3. PURPOSES. This ordinance is enacted for the following purposes:

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

2. Protect the character and stability of residential, commercial, industrial,

institutional, forestry, 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 health, safety, peace and comfort, convenience and
general welfare of the inhabitants in the locality; and

4. Ensure the protection and sustainability of the environment taking into

consideration climate change adaptation in synergy with disaster risk reduction
and management, principles of biodiversity, and preservation of historical and
cultural heritage, in all development processes.

SECTION 4. GENERAL ZONING PRINCIPLE. This zoning regulation is based

on the approved Land Use Plans

ARTICLE III

DEFINITION OF TERMS

The definition of technical terms used in the Zoning Ordinance shall carry the
same meaning given to them in already approved codes and regulations, such as but
not limited to the National Building Code, Water Code, Philippine Environmental Code,
Climate Change Act of 2009, Disaster Risk Reduction and Management of 2010 and
other Implementing Rules and Regulations, promulgated by the HLURB. The words,
terms and phrases enumerated here under shall be understood to have the meaning
corresponding indicated as follows:

1. Agricultural Zone (AZ) - an area within the City intended for cultivation/fishing
and pastoral activities, e.g. fish, farming, cultivation of crops, goat/cattle rising,
etc. and as specified in the Strategic. Agricultural and Fisheries Development
Zones (SAFDZ).

2. Agri-Industrial Zone (AIZ) - an area within the City intended primarily for
integrated farm operations and related product processing activities such as
plantation crops for bananas, pineapple, sugar, commercial scale livestock and
poultry raising, rice and com mills.

3. Agri-forestry zone- an area within the city intended for production management
and utilization of woody perennials in combination with the agricultural crops and
other resources, either simultaneously or sequentially in such a way that there is
 an economic ecological interactions of the components to maintain ecological
balance.
4. HLURB - shall mean the Housing and Land Use Regulatory Board.

5. Buffer and greenbelts - these are yards, parks or open spaces intended to
separate incompatible elements or uses to control pollution/nuisance and to
maintain ecological balance for identifying and defining development areas or
zones where no permanent structures are allowed.

6. Built-up Area - a contiguous grouping often (10) or more structures.

7. Certificate of Non-Conformance - certificate issued to owners of all uses

structures prior to the approval of the Zoning Ordinance, which does not conform
in –a zone as per provision of the said Ordinance.

8. Compatible Use - uses or land activities capable of existing harmoniously

together, e.g. residential use, and parks and playground.

9. Component City - a city which does not meet the requirement of a highly
urbanized city of the province where it is located. If a component city is located
within the boundaries of two or more provinces, such a municipality shall be
considered component of the province of which it used to be a city (RA7160).

10.Comprehensive Land Use Plan (CLUP) - a document embodying specific proposal

for guiding and regulating growth and/or development. The main components of
the Comprehensive Land Use Plan in this usage are the sectoral studies, i.e.
Demography, Social, Economic Infrastructure and Utilities, Land and water uses
and environment.

11. Conflicting Uses - uses or land activities with contrasting characteristics sited
adjacent to each other, e.g. residential units adjacent to industrial plants.

12. Conforming Use - a use, which is in accordance with the zone classification as
provided for in the ordinance.

13.Climate Change - a change in climate caused by global warming as a result of

human activity.

14.Climate Change Adaptation - 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.

15.Hazard - a dangerous phenomenon, substance, human activity or condition that

may cause loss of life, injury or other health impacts, property damage, loss of
livelihood and services, social and economic disruption, or environmental
damage.
16.Disaster - are often described as a result of the combination of: the exposure to
a hazard; the conditions of vulnerability that are present; and insufficient
capacity or measures to reduce or cope with the potential negative
consequences, Disaster impacts may include loss of life, injury, disease and other
negative effects on human, physical, mental and social well-being, together with
damage to property, destruction of assets, loss of services, social and economic
disruption and environmental degradation.

17.Disaster Risk -the potential disaster losses in lives, health status, livelihood,
assets and services, which could occur to a particular community or a Society
over some specified future time period.

18.Disaster Mitigation - the reduction of the adverse impacts of hazards and related
disasters. Mitigation measures encompass engineering techniques and hazard-
resistant construction as well as improved environmental policies and public
awareness.

19.Mitigation - structural and non-structural measures undertaken to limit the

adverse impact of natural hazards, environmental: degradation, and
technological hazards and to ensure the ability of at-risk communities to address
vulnerabilities aimed at minimizing the impact of disasters. Such measures
include, but are not limited to, hazard-resistant construction and engineering
works, the formulation and implementation of plans, programs, projects and
activities, awareness raising, knowledge management, policies on land-use and
resource management, as well as the enforcement of comprehensive land-use
planning, building and safety standards, and legislation.

20. Resilience -the ability of a system, community or society exposed to hazards to

resist, absorb, accommodate and recover from the effects of a hazard in a timely
and efficient manner, including through the preservation and restoration of its
essential basic structures and functions.

21.Easement - open space imposed on any land use/activities sited along

waterways, road-right- of-ways, cemeteries/memorial parks and utilities.

22.Eco-tourism - responsible travel to natural areas that conserve the environment

and improve the well-being of local people.

23.Environmentally Critical Areas - refer to those areas which are environmentally

sensitive and are listed in presidential proclamation 2146 dated December14,
1981 otherwise known as "proclaiming certain areas and types of projects as
Environmental impact statement system established under PD No. 1586".

24.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.
25.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
hardship upon the particular owner, as distinguished from a mere inconvenience
or a desire to make more money.

26.Floor Area Ratio or FAR – is the ratio between the gross floor area of the building
and the area of the lot on which it stands, determined by dividing the gross floor
area and the area of the lot. The gross floor area of any building should exceed
the prescribed Floor Area Ratio (FAR) multiplies by the lot area. The FAR of any
zone shall 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.

27. Forest Zone - an area within a city intended primarily for biodiversity
conservation, timber production, and watershed protect on to sustain food
production.

28.General Commercial Zone (GCZ) - an area within the City principally for trading/
services/ business purposes.

29.General Institution Zone (GIZ)- an area within the City principally for general
types of institutional establishments, e.g. government offices, schools,
hospitals/clinics, academic/research, convention centers.

30.General Residential Zone (GRZ) - an area within the City principally for
dwelling/housing purposes.

31.General Zoning Map - a duly authenticated map delineating the different zones in
which the whole City is divided.

32.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 concerned
owners as follows:

 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.

33.Innovative Design - introduction and/or application of new/creative designs and

techniques in development projects, e.g. Plan Unit Development (PUD),
Newtown, etc. ;

34.Local Zoning Board of Adjustment and Appeal (LZBAA) - is a multi-sectoral body

or appellate board that will act on any complaint against violation of any
 provision of the zoning ordinance and opposition on the issuances of the zoning
officer.

35.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 formulated by HLURB. ;
36.Mitigating Device - a means to grant relief in complying with certain provision of
the ordinance.

37.New Town -shall refer to a town/community deliberately planned and built which
provides, in addition to houses, 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 in spite of the non-conformity to the provision of the
Ordinance subject to the conditions stipulated in-this Zoning Ordinance.

39.Parks and Recreation Zone (PRZ) - an area designated 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 the significant
natural land features.

41.Protected Area - refer to a "defined geographical space, recognized, dedicated

managed, through legal or other effective means, to achieve the long term
conservation of nature with associated ecosystem services and cultural values.

42.Rezoning - a process of introducing amendments to or a change in the texts and

maps of the Zoning Ordinance. It also includes amendment or change in view or
reclassification under Section 20 of RA 7160 otherwise known as the Local
Government Code of 1991 but subject to the Implementing Rules & Regulations
stipulated in Memorandum Circular 54, series of 1993.

43. Setback –the open space left between the building and the lot lines.

44.Socialized Housing Zone (SHZ) - shall be used principally for socialized

housing/dwelling purposes for the underprivileged and homeless as defined in RA
7279.

45.Tourist Zone (TZ)- are sites within the municipalities endowed with natural or
manmade physical attributes and resources that are conducive to recreation,
leisure and other wholesome activities.

46. Urban Area(s)-include all barangay(s) or portion(s) of which comprising the

Central Business District (CBD) and other built-up areas including the urbanizable
 land in and adjacent to said-areas and where at least fifty (50%) of the
population are engaged in non-agricultural activities or with a population of 500
persons per square kilometer. Per NSO definition also, a barangays is considered
urban if it has the following conditions:
 a population of 5,000 or more,
 has at least 1 medium or 1 large commercial establishment, and or
 has 5 or more small establishments arid 5 or more facilities

47.Urban Zoning Map - a duly authenticated map delineating the different zones
into which the urban area and its expansion area are divided.

48.Urbanizable Land - are designated as suitable for urban expansion by virtue of

land use studies conducted

49.Utilities zone – refer to areas where facilities are installed/established. These

facilities are composed of one or more pieces of equipment connected to or part
of a structure and designed to provide services such as water, electricity or
communication.

50.Water Zone – refers to the areas where existing potable water sources are
tapped and transmitted/distributed to supply the City for
domestic/commercial/industrial use and to the areas where existing potable
water sources are proposed to augment the supply and transmission/distribution
of potable water to address the increasing demand.

51.Variance - a specific locational clearance which grants a property owner relief

from certain provisions of the Zoning Ordinance where, because of the particular,
physical surrounding, shape or topographical conditions of the property,
compliance on height, area, setback, bulk/and or density would result in a
particular hardship upon the owner, as distinguished from a mere inconvenience
or a desire to make more money.

52.Warehouse - refers to a storage and/or depository of those in business of

performing warehouse services for others, for profit.

53.Watershed - an area where water drains down from its tributaries and
accumulates into a common outlet such as river, creeks, lakes and stream.

54.Water Recharge area - a land area in which water reaches the zone of saturation
from surface infiltration, e.g. when rainwater soaks through the earth to reach
an aquifer.

55.Zone/District- an area within the City designated for specific land use as defined
by manmade or natural boundaries.

56.Zoning Officer - a city government employee responsible for the

implementation/enforcement of the Zoning Ordinance of the City.
 57.Zoning Ordinance - a local legislative measure which embodies regulations
affecting land use.

ARTICLE IVSS
ZONE CLASSIFICATIONS

SECTION 5. DIVISION INTO ZONE OR DISTRICTS. To effectively carry out

the provision of this Ordinance, the city is hereby divided into the following zones
or districts as shown in the Official Zoning Maps.

Urban Use Zones:

 General Residential Zone (GRZ)
 Low Density Residential Zone (R-1)
 Medium Density Residential Zone (R-2)
 Socialized Housing Zone (SHZ)
 General Commercial Zone (GCZ)
 Central Business District(C-1)
 Quasi-trade, business and service industries(C-2)
 General Institutional Zone (GlnZ)
 Special Institution Zone (SlnZ)
 Light Industrial Zone (1-1)
 Medium Industrial Zone (I-2)
 Parks and other Recreation Zone (PRZ)

Agricultural Zone (AZ)

 Production Zone
 Protection Zone

Agri-Industrial Zone (AIZ)

• Plantation Zone
• Agricultural processing Zone

Forest Zone (FZ)

 Production Zone
 Protection Zone

WaterZone (WZ)

 Strict Protection Zone Fish Pond Zone

• Eco-tourism Zone

• Research & Education Zone

• Water recharge zone

Tourism Zone (TZ)

• Eco-tourism zone

• Cultural/heritage zone

Quarry Zone (sand, gravel and boulders zone)

SECTION 6. OVERLAY ZONES. In addition to the identified zones within the

city, overlay zones shall be designated to protect the health and safety of residents by
preventing the creation or establishment of incompatible land uses. Overlay districts or
Zones shall include the following:

a) Flood Overlay Zones

b) Seismic Hazard Zones

c) Biodiversity Overlay Zone

d) Airport Hazard Overlay Zone

Other overlay zones shall be further identified and established when and where
necessary.

ARTICLE V

ZONING MAPS

SECTION 7. ZONING MAPS. It is hereby adopted as an integral part of this

Ordinance, the official Zoning Map for the whole city wherein the designation, location
and boundaries of the zones established are indicated.

The official zoning map shall be signed by the City Mayor, the Vice-Mayor as
presiding officer of the Panlungsod and duly authenticated by the Sangguniang
Panlalawigan (SEE ANNEX A).

SECTION 8. ZONE BOUNDARIES. The location and boundaries of the above

mentioned various zones into which the City has been divided are hereby identified in
Annex A.

SECTION 9. INTERPRETATION OF ZONE BOUNDARY. In the interpretation

of the boundaries for any of the zones indicated on the Zoning Map, the following rules
shall apply:
 9.1 Where zone boundaries are so indicated that they approximately follow the

center of streets or highways, the street or highways right-of-ways lines,

shall be construed to be the boundaries;

9.2 Where zone boundaries are so indicated that they approximately follow the

Lot lines, such lines shall be constructed to be the boundaries;

9.3 Where zone boundaries are so indicated that they are approximately parallel
to the center lines or right-of-way lines of streets or highways, such zone
boundaries shall be construed as being parallel thereto and at such a
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 shown in said
zoning map or by the use of geographic information system generated land
use map and plans;

9.4 Where the boundary of zone follows a stream, lake or bodies of water, said
boundary line shall be deemed to be at the: limit of the political jurisdiction of
the community unless otherwise indicated. Boundaries indicated as following
shorelines shall be construed to follow such shorelines and in the event of
change in the shorelines, shall be construed as moving with the actual
shorelines;

9.5 Where a lot of one's 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;

9.6 Where zone boundary is indicated 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 with an area less than fifty percent (50%) of
the entire lot shall belong to the zone where the bigger portion is located. If
the remaining portion has an area of seventy percent (70%) or more of the
total area, then the average lot depth shall apply to the lot which shall
become a lot divided and covered by two or more different zoning districts,
as the case may be.

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; and

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

ARTICLE VI
ZONE REGULATIONS

SECTION 10. GENERAL PROVISION. The uses enumerated in the

succeeding sections are not exhaustive or all-inclusive. The Local Zoning Board of
Adjustment and Appeals (LZBAA) shall, subject to the requirements of this Article, allow
other uses not enumerated hereunder provided that they are compatible with the uses
expressly allowed.

Allowance of further uses hall be based on the intrinsic qualities of the land
and the ecological/biophysical potential of the locality with due regard to the
maintenance of the essential qualities of the zone. Specific uses/activities for lesser
density within a particular zone (R-1) may be allowed within the zone of higher density
(R-2, R-3) but not vice versa, nor in another zone and its subdivisions (e.g. GC, C-1, C-
2), except for uses expressly allowed in said zones, such that the cumulative effect of
zoning shall be intra-zonal and not inter-zonal.

SECTION 11. USE REGULATIONS IN GENERAL RESIDENTIAL ZONE

(GRZ). A GR zone shall be used principally for dwelling/housing purposes so as to
maintain peace and quiet of the area. For GR, there shall be at least 15% space for
greening and allocation of space for common Material Recovery: Facility (MRF) for
every 20-30 households or every Purok where the allowable uses are located;

The following are the allowable uses:

1. Single Detached family dwelling

2. Multi-family dwelling e.g. row-houses, apartments

3. Residential Condominium;

4. Apartment

5. Hometel

6. Pension House

7. Hotel Apartment or Apartelle

8. Dormitory

9. Boarding House

10. Branch libraries and museums

11. Customary accessory uses like

a. Servants Quarter

b. Private Garage

c. Guard House

12. Home occupation for the practice of one's profession or for engaging in
home business, such as dressmaking, tailoring, baking, running a sari-sari store and
the like provided that:

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

exceed five (5), inclusive of the owner;
 b. There shall be no change in the outside appearance of the building
premises;

c. No home occupation shall be conducted in any customary accessory

uses cited above;

d. No traffic shall be generated by such home occupation in greater

volume than would normally be expected in a residential neighbourhood
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 and electrical interference
detectable to the normal senses and visual or audible interferences in
any radio or television receiver or causes fluctuation in line voltage off
the premises.

13. Home Industry Classified as cottage industry provided that:

a. Such home industry shall not occupy more than thirty percent (30%)
of the floor area of the dwelling unit. 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 the capitalization asset by the
Department of Trade and Industry (DTI) for home industries.

c. Such shall consider same provisions as enumerated in number 12 home

occupation letter c, d and e this section.

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

a. Swimming Pool;

b. Tennis court, badminton court:

c. Others

15. Nursery/Elementary School

16. High School

17. Vocational School

18. Sports Club

19. Religious Use

20. Multi-purpose hall/barangay hall

21. Clinic, health center

22. Plant Nurseries

 SECTION 11 (A). USE REGULATIONS IN LOW DENSITY
RESIDENTIALZONE (R1). An R1 shall be used principally for housing/dwelling
purposes so as to maintain the peace and quiet of the area within the zone with a
density of20 dwelling units and below per hectare.

1. Single detached family-dwelling

2. Multi-family dwelling e.g. row-houses, apartments

3. Apartment

4. Boarding House

5. Branch libraries and museums

6. Customary accessory uses like:

a. Servants Quarter

b. Private Garage

c. Guard House

7. Home occupation for the practice of one's profession or for engaging in home
business such as dressmaking, tailoring, baking, running a sari-sari store and
the like provided that:

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

exceed five (5), inclusive of the owner;

b. There shall be no change in the outside appearance of the building

premises;

c. No home occupation shall be conducted in any customary accessory

uses cited above;

d. No traffic shall be generated by such home occupation in greater

volume than would normally be expected in a residential neighborhood
and any need for parking generated by the conduct of such home
occupation shall be met off the street 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 and electrical interference
detectable to the normal senses and visual or audible interferences in
any radio or television receiver or causes fluctuation in line voltage off
the premises.

8. Home Industry Classified as cottage industry provided that:

a. Such home industry shall not occupy more than thirty percent (30%) of
the floor area of the dwelling unit. 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 -the capitalization as set by the

Department of Trade and Industry (DTI) for home industries.
 c. Such shall consider same provisions as enumerated n letter c, d and e
number home occupation; this section.

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

a. Swimming Pool

b. Tennis court, badminton court

c. Others

10. Nursery/Elementary School

11. Special Schools

12. Sports Club

13. Chapel/house of worship

14. Clinic

15. Convenient Stores

16. Plant Nurseries

Pocket parks or greenbelts shall be required to serve as recreational area and

adaptation measure for residents in the district.

SECTION 11 (B). USE REGULATIONS IN MEDIUM DENSITY

RESIDENTIAL (R2) ZONE. R-2 zone shall be used principally for housing/dwelling
purposes i.e. 21 to 65 dwelling units per hectare. The following are the allowable uses:

1. All uses allowed in R-1 zone

2. Apartment

3. Boarding houses

4. Dormitory

5. Branch library and museum

6. Elementary school

7. High school

SECTION 11 (C). USE REGULATIONS IN HIGH DENSITY RESIDENTIAL

(R-3) ZONE. An R-3 shall be used principally for housing/dwelling purposes of high
density i.e. 66 or more dwelling units per hectare. The following are the allowable uses:

1 All uses allowed in R-1 and R-2

2. Residential condominium

3. Pension house

4. Hometel

5. Vocational school
 6. Hotel apartment or Apartelle

SECTION 11 (D). USE REGULATIONS IN SOCIALIZED HOUSING ZONE

(SHZ). An SHZ shall be used principally for socialized housing/dwelling purposes for the
underprivileged and homeless as defined in RA7279. Allowable uses:

1. All uses allowed in General Residential Zone,

SECTION 12. USE REGULATIONS IN GENERAL COMMERCIAL ZONE

(GCZ). A GC Zone shall be for business/trade/service uses. Within the zone the
following types of establishment shall be allowed:

1. Offices like:

a. office building

b. office condominium

2. General retail stores and shops like:

a. department store d. car shop

b. bookstore and office supply shop e. photo shop

c. home appliance center f. flower shop

3. Food markets and shops like:

a. bakery and bake shop c. grocery

b. wine store d. supermarket

4. Personal service shops like:

a. beauty parlor c. sauna bath and massage clinic

b. barber shop d. dressmaking and tailoring

shops

5. Recreational center/ establishments like:

a. movie houses/ theater

b. play court e.g. tennis court, bowling lane, billiard hall

c. swimming pool

d. day and night club

e. stadium, coliseum, gymnasium

f. other sports and recreational establishment

6. Restaurants and other eateries

7. Short term special education like:

a. dance schools c. driving schools

b. school for self-defense d. speech clinics

8. Storerooms but only as may be necessary for the efficient conduct of the
business

9. Commercial condominium (with residential units in upper floors)

10. Commercial housing like:

a. hotel e. dormitory

b. apartment f. pension house

c. apartell g. club house

d. boarding house h. motel

11. Embassy/ consulate

12. Library museum

13. Filling Station/service station

14. Clinic

15. Vocational/ technical school

16. Convention Center and related facilities

17. Messengerial Service

18. Security agency

19. Janitorial services

20. Bank and other financial institutions

21. Radio and television station

22. Building garage, parking lot

23. Bakery and baking of bread, cake, pastries, pies, and other similar perishable
products

24. Custom dressmaking shop

25. Custom tailoring shop

26. Commercial job printing

27. Typing and photoengraving services

28. Repair of optical instruments and equipment and cameras

29. Repair of clocks and watches

30. Manufacture of insignia, badges and similar emblems except metals

31. Transportation terminals/ garage with or without repair

32. Repair shops like:

a. house appliances repair shops

b. motor vehicles and accessory repair shops

 c. home furnishing shops

33. Printing/publishing

34. Machinery display shop/ center

35. Gravel and sand

36. Lumber/hardware

37. Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice

38. Printing and publishing of books and pamphlets, printing cards and stationary

39. Manufacture of signs and advertising displays (except printed)

40. Chicharon factory

41. Manufacture of wood furniture including upholstered

42. Manufacture of rattan furniture including upholstered

43. Manufacture of box beds and mattresses

44. Welding shops

45. Machine shops service operation (repairing/rebuilding or custom job orders)

46. Medium scale junk shop

47. Repair motorcycles

48. Lechon or whole pig roasting

49. Biscuit factory-manufacture of biscuits, cookies, crackers and other similar

dried bakery products.

50. Doughnut and hopia factory

51. Other bakery products not elsewhere classified (n.e.c)

52. Repacking of food products e.g. fruits, vegetables, sugar and other related
products

53. Plant nursery

54. Funeral parlors, mortuaries and crematory services and memorial chapels

55. Parking lots, garage facilities

56. Other commercial activities not elsewhere classified

Every commercial establishment shall integrate greenbelts/tree growing in their

landscaping, preferably as part of their front yards/setback and in designated parking
spaces/areas. :

SECTION 12 (A). USE REGULATIONS IN C-1 ZONE. Referred to as to the

Central Business District (CBD), a C-1 Zone shall be principally for trade, business
activities. Enumerated below are the allowable uses:

1. Offices like:
 a. office building

b. office condominium

2. General retail stores and shops like:

a. department store d. car shop

b. bookstore and office supply shop e. photo shop

c. home appliance center f. flower shop

3. Food markets and shops like:

a. bakery and bake shop c. grocery

b. wine store d. supermarket

4. Personal service shops like:

a. beauty parlo c. sauna bath and massage clinic

b. barbershop d. dressmaking and tailoring

shops

5. Recreational center/ establishments like:

a. movie houses/ theater

b. play court e.g. tennis court, bowling lane, billiard hall

c. swimming pool

d. day and nightclub

e. stadium, coliseum, gymnasium

f. other sports and recreational establishment

6. Restaurants and other eateries

7. Short term special education like:

a. dance schools e. technical schools

b. school for self-defense d. speech clinics

c. driving schools

8. Storerooms but only as may be necessary for the efficient conduct of the
business

9. Commercial condominium (with residential units in upper floors)

10. Commercial housing like:

a. hotel e. dormitory

b. apartment f. pension house

c. apartel g. club house

d. boarding house h. motel

 11. Embassy/consulate

12. Library museum

13. Filling Station/ service station

14. Clinic

15. Vocational/ technical school

16. Convention Center and related facilities

17. Messengerial Service

18. Security agency

19. Janitorial services

20. Laundry services

21. Bank and other financial institutions

22. Radio and television station

23. Building garage, parking lot

24. Commercial job printing and photo copying

25. Photo printing

26. Encoding and Photoengraving services

27. E-services

28. Repair and optical instruments and equipment and cameras

29. Repair of clocks and watches

30. Manufacture of insignia, badges and similar emblems except metal

31. Transportation terminal/garage

32. Plant nurseries

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

SECTION 12 (B). USE REGULATIONS IN C-2 ZONE. A C-2 zone shall be for
quasi trade business activities and service industries performing complimentary/
supplemental functions to principally commercial zone (CBD). Within the C-2 zone the
following uses are allowed:

1. All uses in C-1 may be allowed inC-2

2. Repair shops like:

a. House appliances

b. Motor vehicles and accessory

c. Home furnishing shop

 3. Transportation terminal/ garage with repair

4. Publishing

5. Medium scale junkshop

6. Machinery, display shop/center

7. Sand and Gravel

8. Lumber/Hardware

9. Ice plant

10. Manufacture of signs and advertising displays (except printed)

11. Chicharon factory

12. Welding shop

13. Machine shops service operation (repairing/rebuilding or custom job orders)

14. Repair of motorcycles

15. Lechon house

16. Biscuit factory-manufacturing of cuits, cookies, crackers and other similar

dried bakery products

17. Doughnut and hopia factory

18. Other bakery products not elsewhere classified (n.e.c.)

19. Repacking of food products e.g. fruits, vegetables, sugar and other related
products

20. Funeral parlors, mortuaries and crematory services and memorial chapels

21. Parking lots, garage facilities

22. Other commercial activities not elsewhere classified

SECTION 13. USE REGULATIONS IN GENERAL INSTITUTIONAL (GIZ)

ZONE. In Gl Zone, the following uses shall be allowed:

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

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

schools, technical schools and other institutions of higher learning.

3. General hospitals, medical centers, multipurpose clinics

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

5. Convention centers and related facilities

6. Religious structures e.g. church, seminary, convents

7. Museums

8. Embassies/consulate
 9. Student housing e.g. dormitories, boarding house

SECTION 14. USE REGULATION IN LIGHT INDUSTRIAL ZONE (LIZ) (l-

1). Zone shall be for non-pollutive/non-hazardous and non-pollutive/hazardous
manufacturing/ processing establishments. Enumerated below are the allowable uses:

A. Non-Pollutive/Non-hazardous industries

1. Biscuit factory and other bakery products

2. Manufacture of miscellaneous products of leather and leather substitute

and not elsewhere classified.

3. Manufacture of shoes except rubber, plastic and wood

4. Manufacture of slipper and sandal except rubber and plastic

5. Printing, publishing and allied industries and those not elsewhere

classified

6. Renovation and repair of office machinery

7. Manufacture of animal drawn vehicles

8. Quick freezing and cold packaging for fish and other sea foods

9. Quick freezing and cold packaging for fruits and vegetables

10. Popcorn/rice factory

11. Manufacture of string instruments

12. Manufacture of sporting tables (billiards, ping pong, pool)

13. Manufacture of toys and dolls except rubber and mold plastic

14. Manufacture of toys and dolls except rubber and mold plastic

15. Manufacture of pens, pencils and other office and artist materials

16. Manufacture of umbrella and canes

17. Manufacture of bottons except plastic

18. Manufacture of brooms, brushes and fans

19. Manufacture of signs and advertising displays (except printed)

20. Small-scale manufacture of ice cream

B. Non-Pollutive/Hazardous industries

1. Manufacture of house furnishing

2. Textile bag factories

3. Canvass bags and other canvass products factory

4. Jute bag factory

5. Manufacture of miscellaneous textile goods, embroideries and weaving

apparel
 6. Manufacture of fiber batting, padding and upholstery filling except choir

7. Men's and boy's garment factory

8. Women's and girls' and ladies' garment factory

9. Manufacture of hats, gloves, handkerchief, neckwear and related

clothing accessories

10. Manufacture of miscellaneous wearing apparel except footwear and

those n.e.c;

11. Manufacture of wooden and cane containers

12. Sawali, nipa and split cane factory

13. Manufacture of bamboo, rattan and other cane baskets and wares

14. Manufacture of cork products

15. Manufacture of miscellaneous wood products and those not elsewhere

classified.

16. Manufacture of miscellaneous furniture and fixture except primarily of

metals and those n.e.c.

17. Repacking of industrial products e.g. paints, varnishes and other

related products.

SECTION 14 (A). USE REGULATIONS IN MEDIUM INDUSTRIAL ZONE

(MIZ) (I-2). An I-2 zone shall be for pollutive/non-hazardous and pollutive/hazardous
manufacturing and processing establishments. Enumerated below are the allowable
uses:

A. Pollutive/non-hazardous industries

1. Manufacture and canning of ham, bacon and native sausage

2. Poultry, processing and canning

3. Corn mill/rice mill

4. Chocolate and cocoa factory

5. Candy factory

6. Peanuts and other nuts factory

7. Other chocolate and confectionery products

8. Manufacture of food products n.e.c. (vinegar, vetsin)

9. Manufacture of miscellaneous non-metallic mineral products n.e.c:

10. Manufacture of hand tools

11. Manufacture of office, store and restaurant metal furniture

12. Manufacture of metal blinds, screens and shades

 13. Manufacture of miscellaneous furniture and fixture primarily of metal
n.e.c.

14. Manufacture of fabricated structural iron and steel

15. Manufacture of metal cans, boxes and containers

16. Sheet metal works generally manual operation

17. Manufacture or assembly of agricultural machinery and equipment

18. Native plows and harrow factory

19. Repair of agricultural machinery

20. Manufacture of electric lamp fixtures

B. Pollutive/Hazardous Industries

1. Flour

2. Cassava flour mill

3. Manufacturing of coffee

4. Manufacturing of unprepared animal feeds, other grain milling n.e.c.

5. Production prepared feeds for animals

6. Manufacture of mats and mattings

7. Manufacture of carpets and rugs

8. Resaw mills

9. Manufacture of plastic furniture

10. Manufacture of clay bricks, clay tiles and hollow clay tiles

11. Manufacture of wood furniture including upholstered

12. Manufacture of rattan furniture including upholstered

13. Manufacture of box beds and mattresses

SECTION 15. USE REGULATIONS IN PARKS AND RECREATION ZONE

(PRZ). The following uses shall be allowed in Parks and Recreation Zones;

1. Parks/gardens

2. Resort Areas, e.g. swimming pools/spring/falls and mountain resorts,

including accessory uses

3. Open air or outdoor sports activities and support families, including low
rise stadia, gyms, amphitheaters and swimming pools

4. Golf courses, ball courts, racetracks and similar

5. Memorial/shrines monuments, kiosks and other park structures

6. Sports Club
 7. Underground Parking Structures/Facilities

8. Functional wetlands, easement and buffer areas

All residential, commercial, industrial and mixed-use subdivisions are required to

provide tree-planted strips along its internal roads having spacing of not more than ten
(10) meters.

Similar development with total contiguous land areas greater than ten (10)
hectares are required to provide, in addition to the above, adequate landscaped forest
parks for the use of the occupants and/or the general public.

Residential compounds, regardless of total lot area, shall provide an open space
for playground purposes. 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, provided, that an open space may be used as part of the yard requirement for the
compound. All designated open spaces shall not be converted to other uses.

SECTION 16. USE REGULATIONS FOR UTILITIES ZONE (UZ). The

following uses shall be allowed in UZ:

1. NIA dam

2. Water Reservoir

3. Mini hydro power plant

4. Deep well pumping station

5. Power sub-station

6. Communication towers and base stations

A minimum of 3 meters buffer, if no specific provisions are required in specific

guidelines, shall be provided within the periphery of the utilities for protection of the
utilities and other uses surrounding the utilities.

SECTION 17. USE REGULATIONS FOR AGRICULTURAL ZONE (AGZ).

Agricultural zones shall be principally used for crop, livestock and poultry production.
Permitted uses within Agricultural Zones are the following:

a. Crop production zone

b. Livestock production zone

c. Fishery production zone

d. Protection zone

e. Home Occupation for the practice of one's profession or engaging home

business such as dressmaking, tailoring, baking, running a sari-sari store and
the like provided that;

a. Number of persons engaged in such business/industry shall not exceed

five (5) inclusive of the owner;
 b. There shall be no change in the outside appearance of the building
premises;

c. No home occupation shall be conducted in any customary accessory

use's cited above;

d. No traffic shall be generated by such home occupation in greater

volume than would be normally be expected in a residential
neighborhood and any need for parking generated by the conduct of
such occupation shall be met off the street in place other than required
front yard;

e. No equipment or process shall be used in such occupation which

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

f. 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%) of the
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 the capitalization asset by the

Department of Trade and Industry (DTI).

c. Such all consider same provisions as enumerated in letter e Home

Occupation sub-letters c, d and e of this section.

g. Backyard raising of livestock and fowl, provided that:

a. For livestock- a maximum of 1 sow and 10 heads

b. For fowl- a maximum of 500 birds

SECTION 18. USE REGULATIONS IN AGRI-INDUSTRIALZONE (AI2). In

Agri- I Zones, the following uses shall be permitted;

a. Agri-industrial (Structure)

1. All uses allowed in agricultural

2. rice/corn mills (single pass)

3. Drying, cleaning, curing and preserving of meat and it's by products

and derivatives

4. Drying, smoking and airing of tobacco

5. Flourmill
6. Cassava flour mill

7. Manufacture of coffee

8. Manufacture of unprepared animals feeds, other grain milling, n.e.c.

9. Production of prepared feeds for animals

10. Cigar and cigarette factory

11. Curing and redrying tobacco leaves

12. Miscellaneous processing tobacco leaves, n.e.c

13. Weaving hemp textile

14. Jute spinning and weaving

15. Manufacture of charcoal

16. Milk processing plants (manufacture filled, reconstituted or

recombined milk, condensed or evaporated)

17. Butter and cheese processing plants

18. Natural fluid milk processing (pasturing, homogenizing, vitamin,

bottling of natural animal milk and cream related products)

19. Other dairy products, n.e.c

20. Canning and preserving of fruits juices

21. Canning and preserving of vegetables and vegetable juices

22. Canning and preserving of vegetable sauces

23. Miscellaneous canning and preserving of fruit and vegetables, n.e.c.

24. Fish canning

25. Patis factory

26. Processing, preserving and canning fish and other seafood, n.e.c.

27. Manufacture of desiccated coconut

28. Manufacture of starch and its products

29. Manufacture of wines from juices of local fruits

30. Vegetable oil mills, including coconut oil

31. Sugar cane milling (centrifugal and refines)

32. Sugar refining

33. Muscovado sugar mill

34. Cotton textile mill

35. Manufacture/processing of other plantation crops e.g. pineapple,

bananas, etc.
 36. Other commercial handicrafts and industrial activities plant or animal
parts and/or products as raw materials, n.e.c

37. Other accessory uses incidental to agri-industrial activities.

b. Agri-industrial (Plantation)

1. Sugarcane plantation

2. Banana plantation

3. Pineapple plantation

No expansion and non-renewal of contract shall be allowed or permitted in the

existing areas actually utilized/planted with pineapple and/or banana after the
expiration of the contract of lease of the land unless otherwise authorize by the
Sanggunian.

Strict implementation of Buffer Zone shall be imposed around the periphery of

the plantations to minimize pollution

SECTION 19. USE REGULATIONS IN FOREST ZONE (FZ). No development

use or activity shall be allowed in forest zones unless consistent with the DENR
development regulations for forest zones and a permit, lease or issued by the DENR for
the following:

1. Contract reforestation with Forest Land Management Agreement (FLMA)

2. Community Based Forest Management Agreement

3. Reforestation compliance by pasture lease agreement

The various land uses within forest lands must complement each other to
promote balance between ecological and economic concerns (e.g., biological diversity,
arid timber production) and to optimize benefits and co-management options shall be
observed.

1.1StrictProtection Zone

1.1.1. National Integrated Protected Areas System (NIPAS) areas

such as natural parks

1.1.2. Critical watershed areas

1.1.3. Protected landscape such as caves, waterfalls and inland

bodies of water (lakes)

1.1.4. Areas above 1000 meters elevation (above mean sea level)

1.1.5. Areas with slope above 50%

1.1.6. Other areas considered critical such as those declared

landslide/erosion prone and those within the 3 km radius of
active volcanoes.

Within the Forest Protection Zones, the following activities are prohibited:

1. Cutting of trees
 2. Kaingin farming

3. Hunting of endangered wildlife

4. Grazing of livestocks

5. Mining (refer to Mining Law new EO 79, S. 2012) and other

pertinentlaws

6. Agricultural cultivation

7. Agri-industrial activities

In some cases, Special Land Use Permits maybe allowed in strict protection
zones such as the construction of transmission and communication towers provided
minimum damage and disturbance shall be employed and mitigating measures are
made.

Areas within strict protection forest which have been cleared/opened shall be
subjected to rehabilitation for conservation: surrounding areas to sustain ecological
balance and promote biodiversity.

1.2 Production Forests includes areas not otherwise mentioned above.

These include;

1.2.1 ISF areas

1.2.2 PACBRMA areas within the allowable buffer-zone of natural

parks

1.2.3 CBFMA areas

1.2.4 Upland Agroforestry Areas

1.2.5 Pasture land areas

1.2.6 Industrial Tree Plantation areas (e.g. bamboo)

Within the Forest Production Zones, the following activities are permitted:

a. Timber production

b. Food production through agro-forestry activities in ISF, CBFM and areas

identified for JVA or PSA, provided they shall not exceed the limits
established by DENR as to the allowed area (80%, 70%, or 60%,
depending on tenurial instrument held) to be developed into pure agri-
forest area;

c. Other activities such as mining, fishpond, infrastructure and

resettlement which shall be subjected to Special Land Use Permit and
other applicable permits issued by concerned issuing agency;

Permitted uses within the designated Forest Zones shall be in conformity with
the approved sustainable forest management plans ^and other provisions of the
Memorandum of Agreement (MOA) forged between the Department of Environment
and Natural Resources and the LGU.
 Areas held by indigenous Peoples and areas issued with Certificate of Ancestral
Domain Title (CADT) or Certificate of Ancestral Land Title (CALT) shall be used in
accordance with the perpetuation of their culture as maybe embodied in their Ancestral
domain Sustainable [Development and Protection Plan (ADSDPP) duly adopted by
concerned agencies including the LGU in accordance with IPRA Law and related laws.

SECTION 20. USE REGULATIONS IN WATERZONE (WZ). The following use

zones should be established based on the best available information, existing resource
users, use patterns, and development potential:

1. Protection Zone

Water recharge zone

2. Production Zone

Inland fishery e.g. fishpond

The utilization of water resources for domestic and industrial use shall be allowed
provided it is in consonance with development regulation of DENR, provisions of the
Water Code (PD 1067) and the Revised Forestry Code of the Philippines (PD 705), as
amended, and provided further, that it is subjected to an assessment of its carrying
capacity, environmental impact and vulnerability assessment prior to the approval of its
use.

Other uses such as recreation, inland fishing and related activities, floatage/
transportation shall also be allowed provided it is in consonance with provision of the
Water Code, and the Revised Forestry Code of the Philippines, as amended as well as
other laws and regulations such as Water Act, Climate Change Adaptation (CCA) and
Disaster Risk Reduction and Management Act (DRRMA).

Such bodies of water shall include rivers, streams, lakes and creeks.

SECTION 21. INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS

PEOPLES (ICCS/IPS) ZONE. The rights of ownership and possession of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains shall be
recognized and protected in conformity with RA 8371 known as "The Indigenous
Peoples Rights Act of 1997" and other laws and regulations such as Water Act, Climate
Change Adaptation and Disaster Risk Reduction Management Act.

SECTION 22. REGULATIONS IN TOURIST ZONE (TZ). Tourism project or

tourism related activities shall be allowed in TZ unless developed or undertaken in
accordance with the Department of Tourism (DOT) guidelines and standards (and
granted approval by the Tourism Estate of the Department of DOT, subject to an
environmental impact and vulnerability and risk assessment.

SECTION 23. ECO-TOURISM ZONE (ETZ). Tourism activities that enhance

without damaging the natural characteristics and ambiance of the area shall be allowed
in ETZ. These shall include the following:

1. Spring

2. Cave
 3. Waterfalls

4. Lake

5. Rivers

6. Natural landscapes with aesthetic values

7. Those who implement and participate in eco-tourism activities should follow

the following eco-tourism principles:

a. Minimize impact

b. Build environmental and cultural awareness and respect

c. Provide positive experiences for both visitors and hosts

d. Provide direct financial benefits for conservation

e. To provide empowerment to local people

f. Raise sensitivity to host LGU's political, environmental, and social

climate.

SECTION 24. USE REGULATIONS IN HISTORICAL OR CULTURAL

HERITAGE ZONE. A Heritage Zone shall be used primarily for areas containing
historical or cultural heritage structures that deserve special consideration for
preservation and enhancement due to the contribution they-make to the city's collective
understanding of its historical development and cultural heritage.

Subject to the limitations or restrictions imposed by other codes, ordinances or

laws, the following uses shall be permitted within the historical or heritage areas/sites:

a. Places of Religious worship

b. Park, playground, sports/field court, garden

c. Parking structure

d. Public utility facility (low-medium scale operations of a public transport

stop/waiting shed, loading/unloading bay)

e. Specialty shops

f. Office

g. Library, museum, exhibit area, art gallery

h. Convention, Meetings facility

i. Auditorium/Theater

j. Fire/security station

k. Utility installation for use of zone/lot occupants

The following are the general restrictions within the historical or heritage
areas/sites:
 a. Any demolition, repair, renovation, restoration, construction of any
buildings or structures without prior consultation, clearance and
approval by the Sangguniang Panlungsod upon the recommendation of
the City Cultural & Heritage/Tourism Council/Committee

b. Any building or a use which is not compatible with the essential

character of the historical or heritage area/site; and

c. Billboards and huge signages.

Conditional Use Permit: The Local Zoning Board of Adjustment and Appeals
(LZBAA) upon the recommendation of the Zoning Administrator/Officer, the City
Planning and Development Coordinator, City ] Cultural & Heritage/Tourism
Council/Committee, may grant a conditional use permit for the construction-of buildings
or accessory structures provided that the new buildings or buildings to be renovated
between historic or cultural heritage structures must be compatible in terms of
architectural design and height of structure with the existing heritage building.

ARTICLE VI

GENERAL DISTRICTREGULATION

SECTION 25. DEVELOPMENT DENSITY. Permitted density shall be based on

the allowed density stipulated within the zone/s. The maximum density should be based
on the planned absolute level of density intended for each district or zone based on the
Comprehensive Land Use Plan

Decision to reduce land use density must not impair the rights of the
property/land owner. The Zoning Officer's decision on allowed density must be
balanced with public safety considerations especially if the proposed development is to
be located within hazard prone areas.

The Zoning Officer's initial evaluation of the proposed development is grounded

on the intent or objective to ensure that the proposed development meets the Building
Code standards to reduce the vulnerability of individuals, buildings and structures to
hazards such as flooding, storm surge, or wind damage.

SECTION 26. AIRPORT HAZARD OVERLAYZONE (AOZ). The Airport Hazard

Overlay zone applies to areas surrounding airports. Development of structures within
the AOZ shall not be constructed, altered, or maintained in the regulated airspace area
except as follows:

1. Any structure or object that would be shielded by existing structures of a

permanent character or by natural terrain or topographic features of equal or greater
height; and

2. Any air navigation facility, airport visual approach or landing aid, aircraft
arresting device, or meteorological device approved by the ATO and

3. Structures necessary and incidental to airport operation

 Provisions of this section shall apply to all lands, buildings, structures, natural
features and uses located within the Airport Hazard Overlay (AO) zone/district as
reflected in the Land Use Plan Map and the Zoning Map. Where the requirements and
restrictions imposed by the Airport Hazard Overlay zone conflict with the requirements
of the underlying zone district, the more restrictive requirement shall be applied.

SECTION 27. FLOOD HAZARD OVERLAY ZONE. All development, including

new construction, additions, and substantial improvements shall:

a. Be restricted on positively identified high risk (flood) areas;

b. Be regulated on moderate and low risk (flood) areas, permitted

structures shall have the lowest floor of not less than one (1) foot above
the base flood elevation including the installation of electrical
connections and devices;

c. Conform to the existing National Building Code, environmental laws and

other disaster related laws and ordinances;

d. Be designed and constructed with the use of flood resistant/resilient

materials;

e. Be ensured/supplied with flood resilient and safe water connections

particularly during great deluge;

f. Not accelerate and worsen further the vulnerability level of its

neighboring structures and places;

g. Not encroach on floodways unless a registered professional certifies

that the proposed development will not result in any increase in flood
levels.

h. Be above the base flood elevation (minimum of 1 foot);

i. Be restricted in high risk areas;

j. All utilities; including electrical, heating, ventilation, plumbing, air

conditioning, and other service facilities, including ductwork, shall be
elevated or made of flood resistant materials up to [one to three] feet
above base flood elevation, and designed and located to prevent water
from entering or accumulating within the components during conditions
of flooding.

All new buildings and additions to existing buildings must be constructed on

foundations that are approved by a licensed professional engineer, or

Where new or replacement water and sewerage systems, including on-site

systems, are proposed in a flood hazard area the applicant shall provide the zoning
officer and the Building Official with assurance that these systems will be designed to
minimize or eliminate infiltration of flood waters into the systems to avoid
contamination during periods of flood

Structures must be constructed using materials that are resilient to flood

damage.
 Any development within the overlay zone shall not contribute to the increase of
flood levels, especially during-flood events.

Development activities must be sited and designed to minimize disruption to

shorelines and their banks.

SECTION 28. LANDSLIDE HAZARD OVERLAY ZONE. All development,

including new construction, additions, and substantial improvements shall:

a. Be restricted on positively identified high risk (landslide) areas;

b. Be regulated on moderate and low risk (landslide) areas, permitted

structures shall be erected with a distance of twice of the hill altitude
from its foot slope;

c. Conform to the existing National Building Code, environmental laws and

other disaster related laws and ordinances;

d. Not accelerate and worsen further the vulnerability of its neighboring

structures and places;

SECTION 29. SEISMIC HAZARD OVERLAY ZONE. All development, including

new construction, additions, and substantial improvements shall be constructed in
accordance to the National Building Code arid other disaster related laws/ordinances
and shall be designed/made of seismic resistant/resilient materials.

SECTION 30. HEIGHTREGULATIONS. Unless otherwise stipulated in this

ordinance, building or structure height regulations shall be imposed on the following
zones:

1. Residential/ Commercial Zones

Character of Use Type of Building Building Height Limit

or Occupancy Structure Meters above
highest grade
1. Residential Residential 1 (R-1) 10.00
Residential 2 (R-2) 10.00
a. Basic 15.00
b. Maximum
Residential 3 (R-3) 10.00
a. Basic 36.00
b. Maximum
Residential 4 (R-4) 10.00
Townhouses
(Individual lots/units)
2.Commercial Commercial 1 (C-1) 10.00-15.00
Commercial 2 (C-2) 18.00

Low Density Residential Zone - no building or structure whether public or

private shall be higher than 10 meters above the highest natural grade of the property;
 Medium Density Residential Mixed (R-2MXD) - No building or structure
whether public or private shall be higher than twenty one (21) meters above the1
highest natural grade-line in the property or front sidewalk (main entry) level; mid-rise
dwelling is four (4) to seven (7) storeys.

High Density Residential Mixed (R-3MXD)- high rise dwelling units of eight
or more storeys are allowed provided it conforms to the National Building Code and
Structural Code prescriptions.

Exempted from the imposition of height regulations in the residential zones are
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.

A height limit of 10 floors or 30 meters shall be allowed for structures that abuts
a declared historical or heritage site/area.

All Other Zones

Building height must conform to the height restriction 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
regulation related to the land development constructions of the various safety codes

2. Other Uses

Character of Use or Type of Building Building Height Limit

Occupancy Structure Meters above highest grade
Industrial Industrial 1 (l-1) 15.00 meters but not exceed the duly
approved BHL in the major zone it is
part of
Industrial 2 (l-2) 21.00 meters but not exceed the duly
approved BHL in the major zone it is
part of
Industrial 3 (l-3) 27.00 meters but not exceed the duly
approved BHL in the major zone it is
part of
Institutional 15.00 meters (or must follow the duly
approved BHL in the major zone it is
part of)
Cultural 30.00 meters (or must follow the duly
approved BHL in the major zone it is
part of)
Utility/ Transportation/ 15.00 meters (or must follow the duly
RR OW/ Services approved BHL in the major zone it is
part of)
Parks and Open 15.00 meters (or must follow the duly
Recreational and approved BHL in the major zone it is
Entertainment Spaces part of)
Agricultural/Agro- 15.00 meters (or must follow the duly
Industrial/ Tourism approved BHL in the major zone it is
 part of)
Planned Unit PUD at reclamation 10.00-30.00
Development (PUD) area
36.00-130.00
SECTION 31. AREA REGULATIONS. Area regulations in all zones shall
conform to the minimum requirement of the existing codes such as:

a. P.D. 957-the "Subdivision and Condominium Buyer's 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.

SECTION. 32. ROAD SETBACK REGULATION. The following road setback for
Commercial, Residential, Industrial, Institutional and Recreational Buildings shall be
applied:

Road Right-of-Way Front Side Rear

(RROW) Width (meters) (meters) (meters) (meters)
30.00 & above 8.00 5.00 5.00
25.00 – 29.00 6.00 3.00 3.00
20.00 – 24.00 5.00 3.00 3.00
10.00 – 19.00 5.00 2.00 2.00
Below 10.00 5.00 2.00 2.00
***review zone classification from DPWH

SECTION 33. EASEMENT. Pursuant to the provisions of the Water Code and as
stated in City Ordinance No. 36-2011:

1. The banks of rivers and streams and the shores of the seas and lakes
throughout length and within a zone of three (3) meters in urban areas, twenty (20)
meters in agricultural areas and forty (40) meters in forest areas, along their margins,
are subject to easement of public use in the interest of recreation, navigation, float age,
fishing and salvage.

No person shall be allowed to stay in this zone longer than what is necessary for
space or recreation, navigation, float age, fishing or salvage or to build structures of
any kind.
 Natural waterways shall be assigned a green easement/bank allowance that is
landscaped or planted with grass, ornamentals and trees and free of permanent
structures. Should there be a change in the existing shoreline or banks of the rivers, the
easement shall be construed as moved and adjusted with the actual riverbanks or
shorelines in relation with Section 462 of RA 386 otherwise known as the New Civil
Code of the Philippines.

2. Mandatory five-meter easement (minimum) on both sides of a fault trace as

identified and recommended by the PHIVOLCS.

SECTION 34. BUFFER REGULATIONS. A minimum buffer of 3-10 meters shall

be provided along entire boundary length between two or more conflicting zones
allocating equal distances 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 a
part of the yard or open space/green belt.

The developer of a high intensity use shall provide the required buffer to protect
a low intensity/density use.

Construction of any structure, development and improvements of existing

structures within the three (3) kilometers radius {air distance) from the peak of Mt.
Musuan/Kalayo as recommended by PHIVOLCS, shall be regulated consistent with the
Zoning Ordinance and other disaster related laws;

SECTION 35. SPECIFIC PROVISIONS IN THE NATIONAL BUILDING

CODE. Specific provisions stipulated in the National Building Code (P.D. 1096) as
amended thereto relevant to traffic-generators,-advertising and business signs, erection
of more than one principal structure dwelling groups, which are not in conflict with the
provisions of the Zoning Ordinance, shall be observed.

ARTICLE VII

INNOVATIVE TECHNIQUES

SECTION 36. 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 R.A.
7279, BLISS Commercial Complexes, etc., the Zoning Administrator/Zoning Officer shall
on ground of innovative development techniques forward application to HLURB for
appropriate action, unless the local government units concerned has the capacity to
process the same.

ARTICLEVIM

MISCELLANEOUS PROVISONS

SECTION 37. PROJECTS OF NATIONAL SIGNIFICANCE. Projects may be

declared by the NEDA Board as projects of national significance pursuant to Section 3 of
EO 72. When a project is declared by the NEDA Board as a project of national and/or
regional significance the national clearance shall be issued by HLURB pursuant to EO
72.

SECTION 38. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC).

Notwithstanding the issuance of the Locational Clearance under Section 42 of this
Ordinance, neither 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 39. SUBDIVISION PROJECTS. All owners and/or developers of the

subdivision projects shall be addition to securing a Locational Clearance under Section
42 of this Ordinance be required to secure a Development Permit pursuant to provision
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
procedure laid down in EO 71, Series of 1993.

ARTICLE IX

MITIGATING DEVICES

SECTION 40. DEVIATION. Exceptions, variances or deviations from the

provisions of this Ordinance may be allowed by the Local Zoning Board of Adjustment
and Appeals (LZBAA) only when the following terms and conditions are existing:

1. Variance

• The property is unique and different from the other properties in the
adjacent locality and because of its uniqueness; the owners/cannot obtain a
reason return, on the property.

This condition shall include atleast 3 of the following provisions;

• Compliance to the provision 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 riot self-
created.

• The proposed variance is the minimum deviation necessary to permit

reasonable use of the property.

• The variance will not alter the physical character of the district or zone
where the property for the variance is sought is located, and will not
substantially or permanently injure the use of the other properties in the
same district or zone.

• That the variance will not weaken the general purpose of the ordinance and
will not adversely affect the public health, safety or welfare.

• The variance will be in harmony with the spirit of this Ordinance.

2. Exceptions:
 a. The exceptions will not adversely affect the public health, safety or
welfare and is in keeping with the general pattern of development of the
community.

b. The proposed project shall support economic based activities provide

livelihood, vital community services and facilities while the same time posing no adverse
on the zone/community.

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

SECTION 41. PROCEDURES FOR GRANTING EXCEPTIONS AND VARIANCES.

The procedure for granting of exception hd/or variance is as follows:

1. A written application or variance shall be filed with the Local Zoning Board of
Adjustment and Appeals (LZBAA) citing the section of this Ordinance under
which the same is sought and stating the ground/s thereof;

2. Upon filing the application, a visible project sign (indicating the same and
nature of the proposed project) shall be posted at the project site;

3. The Local Zoning Board of Adjustment and Appeals shall conduct preliminary
studies on the application;

4. A written affidavit of non-objection of the project by the owners of the

properties adjacent to the project shall be filed by the applicant with the
LZBAA at least fifteen (15) days prior to the decision exception or variance;

5. In case of objection, the LZBAA shall hold public hearing;

6. At the hearing, any party may appear in person, or be represented; and

7. The LZBAA 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 of
the granting of exception/variance.

ARTICLE X

ADMINISTRATION AND ENFORCEMENT

SECTION 42. 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 Adjustment and Appeals
(LZBAA) prior to conducting any activity or construction on their property/land.
SECTION 43. BUILDING PERMIT. No building permit shall be issued by the Local
Building Officer without a valid locational clearance in accordance with this Ordinance.

SECTION 44. BARANGAY CONSTRUCTION CLEARANCE. No Barangay

Construction Clearance shall be issued by the Barangay Council without first securing a
valid locational clearance, a variance or exception, whichever is applicable, in
accordance with this Ordinance.

In addition to the Barangay Construction Clearance, project proponent shall

secure from the City ENRO an Environmental Clearance certifying that subject area is
served by an established common Material Recovery Facility (MRF) operated by the
Barangay, in case of structures falling under GRZ and SHZ, or has indicated in their plan
segregated garbage storage cum collection area in case of structures falling under CZ,
AIZ and IZ.

SECTION 45. 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.

SECTION 46. 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 Panlalawigan (SP). 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.

SECTION 47. EXISTING NON-CONFORMING USES AND BUILDING. The lawful

uses of any building, structure or land at the time of the adoption or amendment of this
Ordinance may be continued, although such uses do not conform with the provisions of
this Ordinance, provided:

1. That no such non-conforming use shall be enlarged or extended to occupy a

greater area of land that already occupied by such use at the time of the
adoption of this Ordinance or moved in whole or in part, to other any portion
of the lot or parcel or land where such non-conforming use which exist at the
time of the adoption of this Ordinance

2. That no such non-conforming use, has ceased operation for more than one
year be' again revived as non-conforming use.

3. An idle/vacant structure may not be used for non-conforming activity.

4. That any non-conforming structure, or structure under one ownership which

has been damaged maybe reconstructed and used as before provided that
such reconstruction is not more than fifty percent (50%) of the replacement

That should such non-conforming portion of structure be destroyed by any

means to an extent of more than fifty percent (50%) of its replacement cost
at the time of destruction shall not be reconstructed except in conformity with
the provisions of this Ordinance.
 5. That no such non-conforming use may be moved to displace any conforming
use.

6. 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
maybe altered to decrease its non-conformity.
7. That should such structure be moved for any reason to whatever distance, it
shall there after conform to the regulation of the district to which it is moved
or relocated.

In addition, the owner of a non-conforming use shall program the phase-out and
relocation of the non-conforming use to be evaluated by the TWG of the LZBAA and
shall be the basis of the CNC to be given within a maximum often (10) years after the
approval of this ordinance.

SECTION 48. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT.

This ordinance shall be enforced and administered by the Local Chief Executive through
the Zoning Administrator/Zoning Officer who shall be appointed by the former in
accordance with the existing rules and regulations on the subject.

SECTION 49. POWERS AND FUNCTIONS OF A ZONING ADMINISTRATOR/

ZONING OFFICER. Pursuant to the provisions of EO 72 implementing RA 7160 in
relation to Sec. 5, paragraph a and d, and Sec. 7 of Executive Order No. 648 dated 07
February 1981, the Zoning Administrator/Zoning Officer shall perform the following
functions, duties and responsibilities.

I. Enforcement

A. Acton all applications for locational clearances for all projects.

1. Issuance of locational clearance for projects conforming to zoning

regulations. :

2. Recommend to the Local Zoning Board of Adjustment arid Appeals

(LZBAA) the grant or denial of application for variances and exemptions and the
issuance on 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
thereof.

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

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

In addition the LZO shall coordinate with the barangay council to monitor
on-going/existing and proposed projects within their jurisdiction to secure
locational clearance.
 C. Call and coordinate with the Philippine National Police for enforcement of all
orders and processes issued in the implementation of this ordinance.

D. Coordinate with the Fiscal/Municipal Attorney for other legal actions/remedies

relative to the foregoing.

II. Planning

Coordinate with the Regional Office of the HLURB regarding proposed

amendments to the zoning ordinances prior to adoption by the Sangguniang
Bayan.

SECTION 50. ACTION ON COMPLAINTS AND OPPOSITIONS. A complaint for

violations of any provision of zoning ordinance or of any clearance or permits issued
pursuant there to shall be filed with the LZBAA.

However, oppositions to application for clearance, variance or exception shall be

treated as a complaint and to be dealt with in accordance with the provision of this
section.

SECTION 51. FUNCTIONS AND RESPONSIBILITIES OF THE LOCALZONING

BOARD OF ADJUSTMENT AND APPEALS. There is hereby created a LZBAA which
shall perform the following functions and responsibilities:

Acton applications of the following nature:

1. Variances

2. Exceptions

3. Non-conforming Uses

4. Complaints and opposition to application

Decisions of the Local Zoning Board of Adjustment and Appeals shall be

appealable to the HLURB.

SECTION 52. COMPOSITION OF THE LOCAL ZONING BOARD OF ADJUSTMENT

AND APPEALS (LZBAA). The City Development Council shall create a sub-committee
which shall act as the LZBAA composed of the following members:

1. City Mayor as Chairman

2. City Legal Office

3. City Assessor

4. City Engineer

5. City Planning and Development Coordinator (if other than the Zoning
Administrator Officer)

6. Municipal Agrarian Reform Officer (MARO)

7. City Health Officer/Sanitary Inspector

8. CDRRMD
 Two (2) representatives from the private sector and members of the CDC,
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
Panlungsod shall elect the number of its members as may be necessary to meet the
total number above set forth, as representatives.

Two (2) representatives from non-government organizations and members of the

CDC, confirmed by the City Mayor. In the event of non-availability of any 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.

For purposes of policy coordination, said committee shall be attached to the City
Development Council.

SECTION 53. INTERIM PROVISION. Until such time that the Local Zoning Board of
Adjustment and Appeals shall have been constituted, the HLURB shall act as the Local
Zoning Board of Adjustment and Appeals. As an appellate Board, the HLURB shall adopt
its own rules of procedure to govern the conduct of appeals arising from the
administration and enforcement of this Ordinance.

SECTION 54. REVIEWOF THE ZONING ORDINANCE. The City Development

Council shall create a sub-committee, the Local Zoning Review Committee (LZRC) that
shall review the Zoning Ordinance considering the Comprehensive Land 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 55. COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE

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

These are the Local Officials/Civic Leaders responsible for the operation,
development and progress of all sectoral undertakings in the locality.

a. City Planning and Development Coordinator

b. City Health Officer

c. City Agriculturist

d. President, Association of Barangay Captains

e. City Engineer

f. City Environment and Natural Resources Officer (CENRO)

g. Municipal Agrarian Reform Officer (MARO)

h. District Education Program School Supervisor

i. Three (3) Private School Sector Representatives (Local Chamber of Commerce,

Housing Industry and Home Owner's Association)
 j. Two (2) Representatives

k. CDRRMO

For purposes of policy and program coordination, the LZRC shall be attached to
the City Development Council.

SECTION 56. 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:

1. Determine amendments or revisions necessary in the Zoning Ordinance

because of changes that might have been introduced in the Comprehensive Land
Use Plan.

2. Determine changes to be introduced in the Comprehensive Land Use

Plan in the light of permits given, and exception sand variances granted.

3. Identify provisions of the Ordinance difficult to enforce or are

unworkable.

B. Recommend to the Sangguniang Panlungsod necessary legislative

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

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

SECTION 57. AMENDMENTS OF THE ZONING ORDINANCE. Changes in the

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

SECTION 58. VIOLATION AND PENALTY. Any person who violates the provisions of
this Ordinance, shall, upon, conviction, be punished by fine not exceeding Php 5,000 or
an imprisonment for a period not exceeding one (1) month or both at the discretion of
the Court. In case of violation by a corporation, partnership or association the penalty
shall be imposed upon the erring officers thereof.

SECTION 59. SUPPLETORY EFFECT OF OTHER LAWS AND DECREES. The

provisions of the Ordinance shall be without prejudice to the application of other laws,
presidential decrees, letter of instructions and other executive or administrative orders
vesting national agencies with jurisdiction over specific land areas, which shall remain in
force and effect, provided that the land use decisions of the national agencies
concerned shall be consistent with the Comprehensive Land Use Plan of the locality.

SECTION 60. SEPARABILITY CLAUSE. Should any section or provision of this

Ordinance be declared by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the Ordinance as a whole or any part thereof other than
the part declared to be unconstitutional or invalid.
SECTION 61. REPEALING CLAUSE. All ordinances, rules or regulations in conflict with
the provisions of this Ordinance are hereby repealed;

SECTION 62. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon approval by
the Sangguniang Panlalawigan and after fifteen (15) days of posting in three (3)
conspicuous places at Valencia City Central Market, Bus Terminal and City Hall
Compound.