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Zoning Ordinance of the

Municipality of Pinamalayan, Oriental Mindoro

MUNICIPALITY OF PINAMALAYAN
ORDINANCE NO. 05
Series of 2002

AN ORDINANCE ADOPTING A ZONING ORDINANCE


FOR THE MUNICIPALITY OF PINAMALAYAN AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF
AND FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT THEREWITH.

Be it ordained and enacted by the Sangguniang Bayan of Pinamalayan:

WHEREAS, Section 20-c of the Local Government Code provides that local government units shall
continue to prepare their respective Land Use Plans enacted through Zoning Ordinances which
shall be the primary and dominant bases for the future use of land resources;

WHEREAS, the local government of Pinamalayan, in pursuit of its development goals and
objectives, formulated its Comprehensive Development Plan/Land Use Plan which would require
the enactment of regulatory measures to translate its planning goals and objectives into reality;

WHEREAS, this Zoning Ordinance is one such regulatory measure which is an important tool for
the implementation of the Comprehensive Land Use Plan;

NOW THEREFORE, the Sangguniang Bayan of Pinamalayan in a session assembled hereby


adopts the following Zoning Ordinance.

ARTICLE I
TITLE OF THE ORDINANCE

Section 1. Title of the Ordinance. This Zoning Ordinance shall be known as the
Pinamalayan Zoning Ordinance and shall hereinafter be referred to as the PZO.

ARTICLE II
AUTHORITY AND PURPOSE

Section 2. Authority. The PZO is enacted pursuant to the provisions of the Local
Government Code of 1991, R.A. 7160 Section 458 (2 ix) authorizing the
Municipality through the Sangguniang Bayan to adopt a Zoning Ordinance in
consonance with the approved Comprehensive Development Plan/Land Use Plan
and in conformity with Executive Order No. 72.

Section 3. Purposes. The PZO is enacted for the following purposes:

1. Promote and protect the health, safety, peace, comfort, convenience and
general welfare of the inhabitants of the Municipality;

2. Guide the growth and development of Pinamalayan in accordance with its


Comprehensive Development Plan/Land Use Plan;

3. Provide the proper regulatory environment to maximize opportunities for


creativity, innovation and make ample room for development within the
framework of the Municipality’s over-all goals and objectives;

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


institutional, open space and other functional areas within the Municipality and
promote the orderly and beneficial development of the same; and

5. Guide the local government and the private sector in their development
decisions.

1
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Section 4. General Principles. The PZO is based on the approved Pinamalayan


Comprehensive Development Plan/Land Use Plan as per Resolution No. 2002-066
dated 10 August 2001.

1. The PZO reflects the Municipality’s vision to emerge as a “Major food basket
and a progressive trading hub of MIMAROPA and the rest of Region IV, with
sustainable agriculture, diversified trading activities, enhanced tourism,
conserved and protected environment, inhabited by God-centered,
empowered and nature- and peace- loving citizens;”

2. The PZO recognizes that any land use is a use by right but provides however
that the exercise of such right shall be subject to the review standards of the
PZO;

3. The PZO gives the free market the maximum opportunity to spur the
Municipality’s development within a framework of environmental integrity and
social responsibility;

4. The PZO has been designed to encourage the evolution of high-quality


developments rather than regulating against the worst type of projects;

5. The PZO has been crafted in a manner that is fully responsive to the ever-
changing conditions that the Municipality continually face;

6. The PZO functions as a tool for informed decision making on the part of the
land use administrators by way of providing specific criteria to judge the
acceptability of developments;

7. The PZO provides a direct venue for community empowerment where the
stakeholders become involved especially in critical development decisions; and

8. The regulations in the PZO are considered as land use management tools that
are necessary to provide a clear guidance to land development in order to
ensure the community’s common good.

ARTICLE III
DEFINITION OF TERMS

The definition of the technical terms used in the PZO 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 and the Implementing Rules and Regulations
promulgated by the HLURB. The words, terms and phrases enumerated hereunder shall be
understood to have the corresponding meaning indicated as follows:

1. AFMA – refers to the Agriculture and Fisheries Modernization Act of 1997 (RA 8435).

2. Agricultural Activity – per the Comprehensive Agrarian Reform Law of 1988 (RA 6657), means
the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or
fish, including the harvesting of such farm products, and other farm activities and practices
performed by a farmer in conjunction with such farming operations done by persons whether
natural or juridical.

3. Agricultural Land – per RA 6657, refers to land devoted to agricultural activity and not classified
as mineral, forest, residential, commercial or industrial land.

4. Agricultural Land Use Conversion – per RA 6657, refers to the process of changing the use of
agricultural land to non-agricultural uses.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

5. Agro-forestry – land management which combines agricultural crops with tree crops and forest
plants and/or animals simultaneously or sequentially and applies management practices which
are compatible with the cultural patterns of the local population.

6. Agri-Processing Activities – refer to the processing of raw agricultural and fishery products into
semi-processed or finished products which include materials for the manufacture of food and/or
non-food products, pharmaceuticals and other industrial products.

7. Alienable and Disposable (A and D) Lands – refer to those lands of the public domain which
have been the subject of the present system of classification and declared as not needed for
forest purposes (PD 1559).

8. Allowable Impervious Surface Area Ratio (AISAR) - the ratio between the coverage of ground
level impervious surfaces to the total lot area. This is expressed as a percentage over and
above the resultant Percentage of Land Occupancy (PLO) for each development. The
computation of impervious surface area coverage shall include spaces outside the building
envelope, such as driveways, walks, parking areas, etc.

9. Ancestral Domains - per the Indigenous Peoples Rights Act of 1997 (RA 8371), these refer to
all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held
under a claim of ownership, occupied or possessed by ICCs/IPs.

10. Aquaculture - fishery operations involving all forms of raising and culturing fish and other
fishery species in fresh, brackish and marine water areas.

11. Buffer Area - these are yards, parks or open spaces intended to separate incompatible
elements or uses and to control pollution/nuisance.

12. Building Height Limit (BHL) - the maximum height allowed for structures or buildings
expressed as number of floors or storeys.

13. CARL – shall mean the Comprehensive Agrarian Reform Law (RA 6657) of 1988.

14. Certificate of Zoning Classification – a document issued by the Zoning Administrator citing the
zoning classification of the land based on this Ordinance.

15. Commercial Uses – uses that pertain to business, trade and service activities.

16. Compatible Uses - uses or activities capable of existing together harmoniously e.g. residential
use and Parks and Recreation.

17. CDP/LUP– refers to the Comprehensive Development Plan/Land Use Plan of Pinamalayan
for 2001 to 2010 as approved by Sangguniang Bayan Resolution No. ___.

18. Comprehensive Land Use Plan – refers to a plan which includes a land use map, factors
indicting the socially desired mix of land uses and a set of policies to guide future
development.

19. Commercial Fishing - the taking of fishery species by passive or active gear for trade,
business or profit beyond subsistence or sports fishing to be further classified as:
 Small scale commercial fishing - fishing with passive or active gear utilizing
fishing vessels of 3.1 gross tons (GT ) up to twenty (20) GT ;

 Medium scale commercial fishing - fishing utilizing active gears and vessels of
20.1 GT; up to one hundred fifty ( 150) GT; and

 Large scale commercial fishing - fishing utilizing active gears and vessels of more
than one hundred fifty (150) GT.

3
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

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

21. Conforming Use - a use that is in accordance with the zone regulations as provided for in the
PZO.

22. Conservation Area / Zone – areas having slopes equal or greater that 18 percent but less than
50 percent which are part of Alienable and Disposable Lands. These are sometimes referred to
as Production Forests within A and D lands.

23. Conversion – refers to the act or process of changing the current use of a piece of agricultural
land into some other use.

24. DAR – shall mean the Department of Agrarian Reform.

25. DENR – shall mean the Department of Environment and Natural Resources.

26. District – a subdivision within the various land use zones of the municipality having specific land
use regulations.

27. Dominant Use – the principal use classification in mixed-use developments.

28. Easement - open space imposed on any land use/activities sited along waterways, faultlines,
road-rights-of-way, cemeteries/memorial parks, utilities and the like.

29. Environmentally Constrained Areas – areas prone to natural hazards, such as those related to
weather, hydrologic, and geologic disturbances. These hazards cover those that are weather
and water-related, earthquake-induced, volcanic and erosion-related.

30. Environmentally Critical Areas (ECA) - refer to those areas which are environmentally sensitive
and are listed in Proclamation 2146 dated 14 December, 1981, as follows:

a. All areas declared by law as national parks, watershed reserves, wildlife preserves and
sanctuaries;
b. Areas set aside as aesthetic potential tourist spots;
c. Areas which constitute the habitat for any endangered or threatened species of indigenous
Philippine wildlife (flora and fauna);
d. Areas of unique historic, archaeological, or scientific interests;
e. Areas which are traditionally occupied by cultural communities or tribes;
f. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.;
g. Areas with critical slopes;
h. Areas classified as prime agricultural lands;
i. Recharge areas of aquifers;
j. Water bodies characterized by one or any combination of the following conditions:
 tapped for domestic purposes;
 within the controlled and/or protected areas declared by appropriate authorities; and
 which support wildlife and fishery activities.
j. Mangrove areas characterized by one or any combination of the following conditions:
 with primary pristine and dense young growth;
 adjoining the mouth of major river systems;
 near or adjacent to traditional productive fry or fishing grounds;
 which act as natural buffers against shore erosion, strong winds and storm floods; and
 on which people are dependent on their livelihood.
k. Coral reef characterized by one or any combination of the following conditions:
 with 50% and above live coralline cover;
 spawning and nursery grounds of fish; and
 which acts as natural breakwater of coastlines.

4
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Proponents of projects within ECAs are required to submit respective Initial Environmental
Examinations to concerned DENR Regional Offices. They may later be required by the
DENR to submit an EIS, if necessary.

31. Environmentally Critical Projects (ECP) - refer to those projects which have high potential for
negative environmental impacts and are listed in Presidential Proclamation 2146 dated 14
December 1981, as follows:

a. Heavy industries
 non-ferrous metal industries;
 iron and steel mills;
 petroleum and petro-chemical industries including oil and gas; and
 smelting plants.
b. Resource extractive industries
 major mining and quarrying projects; and
 forestry projects such as logging, major wood processing, introduction of fauna
(exotic animals) in public/private forests, forest occupancy, extraction of mangroves
and grazing.
 Fishery projects (dikes for/and fishpond development projects)
c. Infrastructure projects
 major dams;
 major power plants (fossil-fuelled, nuclear-fuelled, hydroelectric or geothermal);
 major reclamation projects, and
 major roads and bridges.
d. Golf course projects

Proponents of ECPs are required to submit an Environmental Impact Statement (EIS) to the
Environmental Management Bureau (EMB) of the DENR.

32. Environmental Impact Statement (EIS) System – pursuant to PD 1586 of 1978, refers to the
entire process of organization, administration and procedure institutionalized for the purpose of
assessing the significance of the effects of physical developments on the quality of the
environment. Projects that fall within the purview of the EIS System include:

a. Environmentally Critical Projects


b. Projects located in Environmentally Critical Areas

33. Exception- a device which grants a property owner relief from certain provisions of the PZO
where because of the specific use would result in a particular hardship upon the owner, as
distinguished from a mere inconvenience or a desire to make more money.

34. Exclusive Economic Zone (EEZ) - an area beyond and adjacent to the territorial sea which
shall not extend beyond 200 nautical miles from the baselines as defined under existing laws.

35. Fisheries - refer 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 resource thereof.

36. Fisheries Code – shall refer to the Philippine Fisheries Code of 1998 (RA 8550).

37. Fish Pond - a land-based facility enclosed with earthen or stone material to impound water for
growing fish.

38. 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.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

39. Forestland – include the public forest, permanent forest or forest reserves, and forest
reservations.

40. Forest Reservations – refer to forestlands, which have been reserved by the President of the
Philippines for any specific purpose or purposes.

41. Forestry Code – refers to the Presidential Decree No. 705 or the Revised Forestry Code of the
Philippines, as amended.

42. Grazing Land – refers to those lands of the public domain which have been set aside, in view of
the sustainability of its topography and vegetation, for the raising of livestock.

43. Gross Floor Area (GFA) - the GFA of a building is the total floor space within the perimeter of
the permanent external building walls (inclusive of main and auxiliary buildings), occupied by:
a. Office areas;
b. Residential areas;
c. Corridors;
d. Lobbies;
e. Mezzanine;
f. Vertical penetrations which shall mean stairs, fire escapes, elevator shafts, pipe shafts,
vertical shafts, vertical ducts, and the like and their enclosing walls;
g. Machine room and closets;
h. Storage rooms and closets;
i. Covered balconies and terraces; and
j. Interior walls and columns, and other interior features.

Excluding the following:

k. Covered areas used for parking and driveways, including vertical penetrations in parking
floors where no residential or office units are present; and
l. Uncovered areas for AC cooling towers, overhead water tanks, roof decks, laundry areas
and cages, wading or swimming pools, whirlpool or Jacuzzi, gardens, courts or plazas.

44. Heavy Industrial Uses – refer to industrial manufacturing/processing activities that are highly
pollutive/non-hazardous; highly pollutive/hazardous; and pollutive/extremely hazardous.

45. HLURB - shall mean the Housing and Land Use Regulatory Board.

46. Impervious Surface - type of man-made surface which does not permit the penetration of water.

47. Inland Fishery - the freshwater fishery and brackish water fishponds.

48. Institutional Uses – uses that pertain to the provision of government, social, religious,
educational, cultural, police / military and other services such as, but not limited to, government
offices, schools, hospitals / clinics, academic/research, convention centers and police stations.

49. Land Use Intensity Controls (LUIC) - refer to controls on open spaces (PLO), building bulk
(FAR), building height (BHL) and impervious surfaces (AISAR). The LUIC is imposed to control,
among others, traffic generation, requirements on utilities, over-building, over-crowding, visual
access and to attain the desired zone character. The LUIC is applied as follows:

a. Maximum Allowable Building Area Per Floor in Square Meters = Lot Area x Allowable PLO
b. Maximum Allowable Gross Floor Area in Square Meters = Lot Area x Allowable FAR
c. In determining the maximum number of floors per building, BHL regulations shall apply.

For planned unit developments, residential and commercial subdivisions and other
developments that have been subdivided into individual lots/parcels, the LUIC shall apply to
individual parcels. Gross open spaces (defined as common areas, roads, etc.) shall be
governed by the requirements of PD 957, BP 220 and related regulations.

6
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

For a parcel of land that has no lot/parcellary subdivisions, the LUIC shall apply to the gross lot
area of the parcel and the gross floor area of the building to be put there. In the event that such
a parcel of land is developed into individual lots as part of a Planned Unit Development (PUD)
such as mixed use, residential or commercial subdivisions, LUIC shall apply as follows:

d. The FAR of all the individual lots in the PUD, derived by dividing the total gross floor area of
the individual lots in the PUD by their total gross land area, shall not exceed the maximum
FAR (as prescribed in Article VIII of this Ordinance) that applies to the entire PUD, or, in
equation form:

Total gross floor area of


individual lots in PUD < Maximum FAR for entire PUD
Total gross land area of
individual lots in PUD

e. No individual lot shall exceed a FAR that is three times the maximum FAR that applies to
the entire PUD.
f. The owner/developer of the subdivided PUD shall show and declare in the development
plan that it submits to the LGU that such subdivision is part of a PUD development.
g. PLO, BHL, and AISAR controls shall apply to the PUD.

50. LGC – shall mean the Local Government Code of 1991 (RA 7160).

51. Light Industrial Uses – refer to industrial manufacturing/processing activities that are non-
pollutive/non-hazardous and non-pollutive/hazardous.

52. Locational Clearance - a clearance issued to a project that is allowed under the provisions of the
PZO as well as other standards, rules and regulations on land use. This clearance is required
prior to the issuance of a building permit.

53. Medium Industrial Uses– refer to industrial manufacturing/processing activities that are
pollutive/non-hazardous and pollutive/hazardous.

54. Mitigating Device - a means to grant relief in complying with certain provisions of the PZO.

55. Municipal Fishing - refers to fishing within municipal waters using fishing vessels of three (3)
gross tons or less, or fishing not requiring the use of fishing vessels.

56. 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 under
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 drawn perpendicular to the
general coastline from points where the boundary lines of the municipality touch the sea at
low tide and a third line parallel with the general coastline including offshore islands and
fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on
opposite shores that there is less than thirty (30) kilometers of marine waters between them,
the third line shall be equally distant from the opposite shore of the respective municipalities.

57. National Integrated Protected Areas System (NIPAS) - pursuant to RA 7586, this is the
classification and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural conditions to the
greatest extent possible.

58. NEDA – shall mean the National Economic and Development Authority.

59. NIPAS Act – shall mean the National Integrated Protected Areas Systems Act of 1992 (RA
7586).

7
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

60. Non-Conforming Use - existing non-conforming uses/establishments in an area allowed to


operate in spite of the non-conformity to the provisions of the PZO subject to the conditions
stipulated in the Locational Clearance.

61. Non-NIPAS Areas - areas yet unproclaimed by law, presidential decree, presidential
proclamation or executive order as part of the NIPAS Areas. Per the National Physical
Framework Plan, these areas should be given equal importance, as in NIPAS Areas, in terms of
conservation and protection. These include:
a. Reserved second growth forests;
b. Mangroves;
c. Buffer strips;
d. Freshwater swamps and marshes; and
e. Unproclaimed watersheds.

62. Notice of Non-Conformance - certificate issued to owners of all uses existing prior to the
approval of the PZO which do not conform to the provisions herein provided.

63. Official Zoning Map - a duly authenticated map delineating the different zones into which the
whole Municipality is divided.

64. Parks and Recreation Uses – uses that pertain to activities that provide diversion/amusements
as well as for the maintenance of the ecological balance of the community.

65. Percentage of Land Occupancy (PLO) - defined as a percentage of the maximum allowable
floor area of any building (at any floor level) to the total lot size. This includes the main and
auxiliary buildings. In case of discrepancy between the specified PLO in this Ordinance and the
Light and Ventilation provisions of the National Building Code, the lesser allowable floor area
shall prevail.

66. Permanent Forest or Forest Reserves – refer to those lands of the public domain which have
been the subject of the present system of classification and determined to be needed for forest
purposes.

67. Planned Unit Development (PUD) – a land development scheme wherein a project site is
comprehensively planned as an entity via a unitary site plan which permits flexibility in
planning/design, building siting, complementarity of building types and land uses, usable open
spaces, and the preservation of natural land features.

68. Protected Areas – areas declared as belonging to the NIPAS System per RA 7586. These
areas are those that have been designated or set aside pursuant to a law, presidential decree,
presidential proclamation or executive order. These include:
a. Strict nature reserves;
b. Natural parks;
c. National monuments;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserves;
g. Natural biotic areas; and
h. Other categories established by law, conventions or international agreements which the
Philippine Government is a signatory.

69. Protection Area/Zone – areas having slopes to or greater than 50 percent and/or with elevations
beynd 1,000 meters above mean sea level which are part of Alienable and Disposable lands.
These are sometimes referred to as Protective Forests within A and D lands.

70. Public Forest - is the mass of lands of the public domain which has not been the subject of the
present system of classification for the determination of which lands are needed for forest and
which are not.

8
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

71. Reclassification of Agricultural Lands – the act of specifying how agricultural lands shall be
utilized for non-agricultural uses such as residential, industrial, commercial as embodied in the
CDP/LUP. It also includes the reversion of non-agricultural lands to agricultural use.
72. Reserved second growth forests - residual forests with slope of 50 percent and above and with
elevation of 1,000 meters and higher.

73. Residential Uses – uses that pertain to dwelling/housing purposes and their customary
accessory facilities.

74. Rezoning – a process of introducing amendments to or change in the text and maps of the
Zoning Ordinance. It also includes amendment or change in view of reclassification under
Section 20 of RA 7160.

75. SAFDZ – shall mean the Strategic Agriculture and Fisheries Development Zones as defined by
the AFMA.

76. Setback - the open space left between the building and lot lines.

77. Socialized Housing – as defined in the UDHA, this refers to housing programs and projects
covering houses and lots or homelots only undertaken by the Government or the private sector
for the underprivileged and homeless citizens.

78. UDHA – refers to the Urban Development and Housing Act (RA 7279) of 1992.

79. Variance - a Special Locational Clearance granting a property owner relief from certain
provisions of the PZO 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.

80. Warehouse – refers to a storage and/or depository of those in business of performing


warehouse services for others, for profit.

81. Zone - an area within the Municipality, as defined by manmade or natural boundaries, where
specific land use regulations are applied.

82. Zone of Zero Land Use Intensity – a zone intended to be a permanent open space such as
parks, protection forests and the like.

83. Zoning Administrator - a Municipal government employee responsible for the


implementation/enforcement of the PZO.

ARTICLE IV
ZONE CLASSIFICATIONS

Section 5. Division into Zones. The Municipality of Pinamalayan is hereby divided into nine
basic zones, namely, Built-Up Zone, Strategic Agriculture and Fisheries
Development Zone, Forestland, Conservation Zone, Protection Zone, Pili Tourism
Zone, Pili-Guinhawa Agri-Industrial Zone, Airport Zone and Development
Opportunity Zone.

The Built-Up Zone is further divided into four districts: Urban Core District, Urban
Core Fringe District, Urban Corridor District and Urban Expansion District. Six Sub-
Districts comprise the Urban Core District namely, General Residential
Development, Low Density Residential Development, High Density Commercial,
Moderate Density Commercial, Institutional, and Parks and Recreation. The Urban
Core Fringe District is further divided into seven Sub-Districts, i.e., General
Residential Development, Low Density Residential Development, Moderate Density

9
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Commercial, Institutional, Parks and Recreation, Socialized Housing and


Cemetery.

The Strategic Agriculture and Fisheries Development Zone is, on the other hand,
divided into four districts, namely, Crops, Livestock, Fishery and Crop/Livestock
Development Districts.

The above divisions are for the purposes of the following:

1. implementing the Pinamalayan CDP/LUP;

2. defining specific areas of the Municipality of Pinamalayan, each requiring


different standards of development to meet different circumstances present
within the zone; and

3. serving the purposes and intent of the PZO as outlined in Article II.

The provisions contained herein anticipate the likelihood and desirability of mixing
land uses. Unlike conventional zoning, which segregated various land uses, the
PZO allows mixed uses and places emphasis on minimizing or buffering any
nuisance factors between uses. Further provisions impose criteria to resolve any
possible problems and eliminate what might be negative impacts when unlike uses
are located in proximity. Zones and districts are distinguished according to
allowable uses and land use intensities, which are discussed in detail in succeeding
articles.

The areas per zone and district classification are presented in the following table:
Table 1 Areas Per Zone District
Percent
Share to
Zoning and District Classification Area (Ha.)
Total Land
Area (%)
1. Built-Up Zone 1,943.82 6.99
a. Urban Core District (UCD) 62.86 0.23
b. Urban Core Fringe District (UCFD) 509.65 1.83
c. Urban Corridor District (UCDD) 1,206.70 4.34
d. Urban Expansion District (UED) 164.61 0.59
2. Agricultural Zone 9,591.53 34.50
a. Strategic Agriculture and Fisheries Development Zone (SAFDZ) 9,106.53 32.76
i. Crops Development District (CDD) 8,456.10 30.42
ii. Livestock Development District (LDD) 405.61 1.46
iii. Fishery Development District (FDD) 221.24 0.80
iv. Crop/Livestock Development District (CLDD) 23.58 0.08
b. General Agricultural District 485.00 1.74
3. Forestland 11,493.60 41.34
4. Conservation Zone (CVZ) 2,599.04 9.35
5. Protection Zone (PZ) 862.83 3.10
6. Pili Tourism Zone (PTZ) 50.00 0.18
7. Pili-Guinhawa Agri-Industrial Zone (PGAIZ) 38.26 0.14
8. Airport Zone (AZ) 64.28 0.23
9. Development Opportunity Zone (DOZ) 1,000.00 3.60
Roads 156.64 0.56
Total 27,800.00 100.00
Source: CADD Estimates and Table Surveys

10
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Section 6. Description of Zones and Districts. The intent and purpose of each Zone and
District is described below.

1. Built-Up Zone

The Built-Up Zone is composed of the following districts:

a. Urban Core District

The Urban Core District (UCD) is the Urban Core described in the CDP/LUP. It
consists of the Poblacion Barangays (Zones I to IV) and Wawa.

The UCD is intended to be a compact and dominant growth center of the


municipality. Developments shall be of medium density and of the mixed-use type.

The following are the Sub-Districts of the UCD:


i. General Residential Development Sub-District
ii. Low Density Residential Development Sub-District
iii. High Density Commercial Sub-District
iv. Moderate Density Commercial Sub-District
v. Institutional Sub-District
vi. Parks and Recreation Sub-District

b. Urban Core Fringe District

The Urban Core Fringe District (UCFD) is the Urban Core Fringe described in the
CDP/LUP. It covers Barangays Marfrancisco and portions Cacawan and Sta.
Rita.

The UCFD is primarily intended to accommodate the urban residential growth of


Pinamalayan. It shall also be a compact district with provisions for the close
proximity of residence, workplace, community services and recreation.

The following are the Sub-Districts of the UCFD:


i. General Residential Development Sub-District
ii. Low Density Residential Development Sub-District
iii. Moderate Density Commercial Sub-District
iv. Institutional Sub-District
v. Parks and Recreation Sub-District
vi. Socialized Housing Sub-District
vii. Cemetery Sub-District

c. Urban Corridor District

The Urban Corridor District (UCDD) is the Urban Corridor described in the
CDP/LUP. UCDD refers to the strip of land on both sides of the National Road
from the Socorro to the Gloria boundaries. It also includes the strip of land along
the Airport Road from Barangay Sto. Niño to the boundary of Gloria. The depth
of the UCDD shall be 250 meters on both sides of the said roads, reckoned from
the road rights-of-way. It covers portions of the following barangays: Bangbang,
Cacawan, Del Razon, Malaya, Maliancog, Nabuslot, Pagalagala, Palayan,
Pambisan Malaki, Pambisan Munti, Panggulayan, Papandayan, Quinabigan, Sta
Isabel, Sta. Maria, Sta. Rita and Sto. Niño.

The UCDD is intended to provide for a controlled linear pattern of urban growth.
Particular attention is paid to minimizing roadside friction, arresting urban sprawl
on agricultural lands and preserving the high-quality rural setting.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

d. Urban Expansion District

The Urban Expansion District (UED) is the Urban Expansion Area described in
the CDP/LUP. UED includes portions of Barangays Pambisan Munti and
Maliancog.

The UED shall be the new, modern and well-planned urban center of Pinamalayan.

2. Agricultural Zone

a. Strategic Agriculture and Fisheries Development Zone

The Strategic Agriculture and Fisheries Development Zone (SAFDZ) is the


Strategic Agriculture and Fisheries Development Zone described in the CDP/LUP.
It covers, partially or wholly, the following barangays: Anoling, Bacungan,
Bangbang, Banilad, Buli, Cacawan, Calingag, Del Razon, Guinhawa, Inclanay,
Lumangbayan, Malaya, Maliancog, Maningcol, Marayos, Marfrancisco, Nabuslot,
Pagalagala, Palayan, Pambisan Malaki, Pambisan Munti, Panggulayan,
Papandayan, Pili, Quinabigan, Ranzo Rosario, Sabang, Sta. Isabel, Sta. Maria, Sta
Rita and Sto. Nino.

SAFDZs are special agricultural areas as provided by the Agricultural and Fisheries
Modernization Act (AFMA) of 1997 or Republic Act 8435. These “shall serve as
centers where development in the agriculture and fisheries sectors are catalyzed in
an environmentally- and socio-culturally sound manner.”

The SAFDZ has four districts, as follows:

i. Crops Development District (CDD)

The Crops Development District (CDD) shall primarily be devoted to the cultivation,
raising, growing and harvesting of staple crops and diversified plants and trees.
The CDD is located in Barangays Sabang, Marayos, Inclanay, Maliancog,
Pambisan Malaki, Sta. Maria, Calingag, Malaya, Del Razon, Quinabigan, Rosario,
Papandayan, Maningcol, Sta. Rita, Marfrancisco, Nabuslot, Pagalagala, Sto. Nino,
Palayan, Panggulayan, Bacungan, Anoling, Buli, Cacawan Lumangyan, Guinhawa,
Pili, Banilad and Ranzo.

ii. Livestock Development District (LDD)

The Livestock Development District shall primarily be devoted to the raising,


growing of livestock and poultry. The LDD is located in Barangays Sabang,
Marayos, Panggulayan, Cacawan, Sta. Isabel and Buli.

iii. Fishery Development District (FDD)

The Fishery Development District (FDD) is primarily intended for fisheries. The
FDD is located in Barangays Quinabigan, Papandayan, Lumangbayan, Sta.
Isabel, Guinhawa and Pili.

iv. Crop/Livestock Development District (CLDD)

The CLDD is intended for integrated crop and livestock production. It is located
in Barangay Pili.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

b. General Agricultural District

The General Agriculture District (GAD) is the same as the General Agriculture
Area described in the CDP/LUP. It is primarily intended for cultivation/fishing and
pastoral activities.

3. Forestland

The Forestland includes the public forest, permanent forest or forest reserves, and
forest reservations in Barangays Sabang, Guinhawa, Banilad and Ranzo. No
development, use, or activity shall be allowed in Forestland unless consistent with
the provisions of the Revised Forestry Code, as amended, the rules and
regulations of the DENR for the said areas, and unless a permit, lease or license
is issued by the said agency.

4. Conservation Zone

The Conservation Zone (CVZ) is the Conservation Area described in the CDP/LUP.
The CVZ refers to areas that have 18 to 50 percent slopes. To the west, it includes
portions of Barangays Sabang, Marayos, Inclanay, Maliancog, and Pambisan
Munti. To the northeast, it includes portions of Barangays Anoling, Buli, Sta. Isabel,
Guinhawa, Pili, Banilad and Ranzo. Portions of Barangays Malaya, Rosario and
Calingag at the south-central portions of Pinamalayan are also classified as UCVZ.

The CVZ is intended to be a production forest. Forest productivity shall be


enhanced through sustainable management and development to support domestic
requirements for timber, fuelwood and non-wood products. Agro-forestry activities
shall strictly observe sloping agricultural land technology.

5. Protection Zone

The Protection Zone (PZ) is the Protection Area described in the CLUP. Identified
PZ are the vast declared watershed and forestlands on the western and
northeastern portions of Pinamalayan having slopes of 50 percent and above. As in
the CVZ, the eastern portion hosts the Tau-Buid’s ancestral domain where
developments shall be done in coordination with ICCs / IPs. In the west, the zone
includes Sabang. In the northeast, the PZ includes Barangays Banilad, Buli,
Guinhawa, Pili and Sta. Isabel.

The PZ shall be preserved primarily as one of the remaining forest covers in


Oriental Mindoro. It is hereby designated as a Non-NIPAS area. Reforestation shall
be promoted and all forms of logging are strictly prohibited. Settlements may be
allowed only if they are already part of existing communities.

6. Pili Tourism Zone

The Pili Tourism Zone (PTZ) is the Pili Tourism Area described in the CDP/LUP.
It is located within Barangay Pili. This area comprises what was previously
designated as an industrial area in Barangay Pili in the 1983 Zoning Ordinance.
It has been rezoned due to its potentials for development as a tourism area. It is
intended for low intensity developments particularly those that enhance tourism
oriented activities. Developments shall be required to provide and maintain visual
and/or physical access to the sea.

7. Pili-Guinhawa Agri-Industrial Zone

This area covers 38.26 hectares in Barangays Pili and Guinhawa. It shall
accommodate agri-processing related activities. Activities may include but not
limited to, processing of raw agricultural and fishery materials for manufacture of

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

food and/or non-food products, pharmaceuticals and other industrial products.


The presence of the Pili Port in the barangay is expected to complement agri-
processing center operations.

8. Airport Zone

The Airport District (AD) is the Pinamalayan Airport Area described in the
CDP/LUP. AZ is located in Barangay Pambisan Munti and Maliancog and is
intended to become a high-quality transport hub having supporting airport-related
facilities.

9. Development Opportunity Zone

The Development Opportunity Zone (DOZ) is the Development Opportunity Area


described in the CDP/LUP. The DOZ refers to locations that have been identified
as suitable for urban development but is not being earmarked for such by the
Land Use Plan. These are found in portions of Barangays Guinhawa, Inclanay,
Lumangbayan, Malaya, Maliancog, Marayos, Pambisan Malaki, Pambisan Munti,
Sabang, and Sta. Isabel.
The DOZ is intended principally for agriculture uses. As the DOZ is not declared as
prime agriculture areas, they shall serve as reserved lands for future urban
residential, commercial, institutional and industrial requirements.

Section 7. Overlay Zone. An Overlay Zone, referred to as the Coastal Greenway Zone
(CGZ), is the strip of land along Tablas Strait bounded inland by the proposed
Coastal Road from the Poblacion to Barangay Quinabigan. The CGZ refers to
the public easement along Tablas Strait: three meters from the coastline, from the
Poblacion to Marfrancisco and twenty meters from Marfrancisco to Quinabigan. It
also includes areas outside of the public easement up to the Coastal Road.
Additional regulations, on top of those for SAFDZ are provided anticipative of
developments, should they be allowed by the LGU or other approving authorities.
It shall be an outstandingly landscaped waterfront that will give a distinct coastal
town character to Pinamalayan.

Section 8. Zoning Map. It is hereby adopted as an integral part of the PZO, the Official
Zoning Map of the Municipality, duly signed by the Mayor and authenticated by the
Sangguniang Panlalawigan. The designation, location and boundaries of the
zones herein established are shown and indicated in the said Official Zoning Maps.
The General Zoning, Built-Up District an SAFDZ District Maps are presented in
Appendix A, B and C respectively.

Section 9. Zone and District Boundaries. The locations and boundaries of the above
mentioned zones into which the municipality has been subdivided are presented in
the attached Zoning Maps. In order to determine where individual lot parcels fall,
the Municipal Tax Map shall be overlain to the said Zoning Maps. The boundaries
per zone and district are presented below:

Table 2 Boundaries / Composition Per Zone and District


Zone/District Boundaries

Urban Core District It is bounded on the north by Barangay Cacawan,


on the east by Tablas Strait on the west and
south by Barangay Marfrancisco.

i. General Residential Development Sub- The GRDSD is bounded on the north by


District Barangay Cacawan, on the east and south by
Tablas strait and on the west by MDCSD.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Zone/District Boundaries

ii. Low Density Residential Development Sub- The LDRDSD is bounded on the north and east
District by MDCSD, on the southwest by Barangay
Marfrancisco.

iii. High Density Commercial Sub-District It is bounded on the north by Barangay


Cacawan, on the east by Tablas Strait and on
the west and south by Barangay Marfrancisco.

iv. Moderate Density Commercial Sub-District It is bounded on the north by Barangay Cacawan,
on the east by Tablas Strait, on the south by MH
del Pilar Street and on the west by LDRDSD.

v. Institutional Sub-District The ISD includes the existing designated


institutional areas such as the Municipal Hall,
National Irrigation Administration Office,
Immaculate Heart of Mary Academy, DARMES,
AFP, Gymnasium, Chinese School, Pilot School,
and other sites designated for institutional
purposes.

vi. Parks and Recreation Sub-District It is bounded on the north by A . Mabini Street, on
the east by Lopez Jaena, on the south by Madrid
Blvd, and on the west by Leuterio Street.
Portions bounded on the north by Madrid Blvd, on
the east by Tablas Strait, on the south by
Gymnasium and on the west MDCSD.

Urban Core Fringe District It is bounded on the north by Barangays


Lumangbayan, Cacawan to Buli Road, on the
west by Sta. Rita Barangay Road to Cacawan
Road, on the east by the Urban Corridor Zone,
Coastal Greenway Zone and on the south, by
Barangays Papandayan and Sta. Rita to
Marfrancisco Road.

i. General Residential Development Sub- The GRDA is located, wholly or partially, in


District barangays Marfrancisco, Cacawan and Sta.
Rita.

ii. Low Density Residential Development Sub- The LDRDA comprises established residential
District subdivisions.

iii. Moderate Density Commercial Sub-District Refers to the strip of land on both sides of the
National Road contained in Barangays
Marfrancisco, and Sta. Rita. The depth of the
UCD shall be 250 meters on both sides of the
said roads, reckoned from the road rights-of-
way.

iv. Institutional Sub-District The IA covers the proposed university in


Barangay Sta. Rita.

v. Parks and Recreation Sub-District This area is bounded on the north-east by


LDRDA and on the south-west by GRDA.

vi. Socialized Housing Sub-District The SHSD is located in Barangay Cacawan.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Zone/District Boundaries

vii. Cemetery Sub-District This area refers to the public cemetery on


Barangay Papandayan, the Chinese cemetery,
Pinamalayan Memorial Park and the
Pinamalayan Catholic Cemetery.

Urban Corridor District The Urban Corridor District (UCDD) refers to the
strip of land on both sides of the National Road
from the Socorro to the Gloria boundaries. It
also includes the strip of land along the Airport
Road from Barangay Sto. Niño to the boundary
of Gloria. The depth of the UCDD shall be 250
meters on both sides of the said roads,
reckoned from the road rights-of-way. It covers
the portions of the following barangays:

Urban Corridor District Bangbang, Cacawan, Del Razon, Malaya,


Maliancog, Nabuslot, Pagalagala, Palayan,
Pambisan Malaki, Pambisan Munti,
Panggulayan, Papandayan, Quinabigan, Sta
Isabel, Sta. Maria, Sta. Rita and Sto. Niño.

Urban Expansion District It is bounded on the north by the Airport Road,


on the east by the proposed Barangay Road
from Pambisan to Maliancog, on the west by the
Airport Road and on the south by Pambisan
Munti Barangay Road.

Agricultural Zone It consists of the SAFDZ and the General


agricultural District.

a. Strategic Agriculture and Fisheries It covers, partially or wholly, the following


Development Zone (SAFDZ) barangays: Anoling, Bacungan, Bangbang,
Banilad, Buli, Cacawan, Calingag, Del Razon,
Guinhawa, Inclanay, Lumangbayan, Malaya,
Maliancog, Maningcol, Marayos, Marfrancisco,
Nabuslot, Pagalagala, Palayan, Pambisan Malaki,
Pambisan Munti, Panggulayan, Papandayan, Pili,
Quinabigan, Ranzo Rosario, Sabang, Sta. Isabel,
Sta. Maria, Sta Rita and Sto. Nino.

i. Crops Development District (CDD) The CDD is located in Barangays Sabang,


Marayos, Inclanay, Maliancog, Pambisan
Malaki, Sta. Maria, Calingag, Malaya, Del
Razon, Quinabigan, Rosario, Papandayan,
Maningcol, Sta. Rita, Marfrancisco, Nabuslot,
Pagalagala, Sto. Nino, Palayan, Panggulayan,
Bacungan, Anoling, Buli, Cacawan
Lumangbayan, Guinhawa, Pili, Banilad and
Ranzo.

ii. Livestock Development District (LDD) The LDD is located in Barangays Sabang,
Marayos, Panggulayan, Cacawan, Sta. Isabel
and Buli.

iii. Fishery Development District (FDD) The FDD is located in Barangays Quinabigan,
Papandayan, Lumangbayan, Sta. Isabel,
Guinhawa and Pili.

iv. Crop/Livestock Development District (CLDD) The CLDD is located in Barangay Pili.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Zone/District Boundaries

b. General Agricultural District It located within Barangay Sabang.

Forestland In the west, it includes Barangay Sabang and in


the north east portions of Barangays Guinhawa,
Banilad and Ranzo.

Conservation Zone (CVZ) To the west, it includes portions of Barangays


Sabang, Marayos, Inclanay, Maliancog,
Pambisan Malaki, and Pambisan Munti. To the
northeast, it includes portions of Barangays
Anoling, Buli, Sta. Isabel, Guinhawa, Pili,
Banilad and Ranzo. At the south-central
portions, it includes Barangays Malaya, Rosario
and Calingag.

Protection Zone (PZ) In the west, the zone includes Sabang. In the
northeast, it includes Barangays Buli, Sta.
Isabel, Guinhawa, Banilad and Ranzo.

Pili Tourism Zone (PTZ) It is located within Barangay Pili, surrounded by


the SAFDZ and in the south, by Tablas Strait.

Pili-Guinhawa Agri-Industrial Zone (PGAIZ) It is located within Barangays Pili and Guinhawa,
surrounded in the west – northeast by the
SAFDZ and in the west by Tablas Strait.

Airport Zone (AZ) It is bounded on the north by the Development


Opportunity Zone, on the east by Pambisan
Munti to Calingag Barangay road and on the
west and south by the Airport Road.

Development Opportunity Zone (DOZ) These are found in portions of Barangays


Barangays Maliancog, Pambisan Munti,
Inclanay, Marayos and Sabang. It is bounded on
the north and east by the SAFDZ, on the west
by UCVZ and on the south by the municipality of
Gloria.

Section 10. Interpretation of the Zone Boundary. In the interpretation of the boundaries for
any of the zones indicated on the Official Zoning Map, the following rules shall
apply:

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

2. Where zone boundaries are so indicated that they approximately follow


barangay boundary lines, the delineation shall be based on those indicated on
the cadastral maps.

3. Where zone boundaries are so indicated that they are approximately parallel to
the centerlines or right-of-way lines of streets and highways, such zone
boundaries shall be construed as being parallel thereto and at such distance
therefrom as indicated in the Official Zoning Map. If no distance is given, such
dimension shall be determined by the use of the scale shown in said zoning
map.

17
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

4. Where the boundary of a zone follows a stream, lake or other bodies of water,
said boundary line should be deemed to be at the limit of the political
jurisdiction of the community unless otherwise indicated. Boundaries indicated
as following shorelines shall be construed to follow such shorelines and in the
event of change in the shorelines, shall be construed as moving with the actual
shorelines. Boundaries following bodies of water shall be subject to public
easement requirements as provided in the Water Code, in the provisions of this
ordinance and with other applicable regulations.

5. Where a zone boundary line divides a lot, the lot shall be construed to be
within the zone where the major portion of the lot is located. In case the
boundary line bisects the lot, it shall fall in the zone where the principal
structure falls.

6. Where zone boundaries are said to be as indicated in the Official Zoning Map,
the location of the parcel in consideration shall be referred to from the cadastral
map as overlain in the former.

7. The textual description of the property in consideration shall prevail over that of
the mapped location.

ARTICLE V
GENERAL REGULATIONS

Section 11. Classification of Uses. Development proposals shall be classified according to


the following uses/activities:

 Residential Uses  Agricultural Uses


 Commercial Uses  Parks and Recreation Uses
 Light Industrial Uses  Agri-Industrial Uses
 Institutional Uses  Agro-forestry uses

Section 12. Height Regulations. Unless otherwise stipulated in this ordinance, building
heights must conform with the height restrictions and requirements of the Air
Transportation Office (ATO), the National Building Code, Structural Code and
other rules and regulations related to land development and building construction.

Section 13. Area Regulations. Area regulations in all zones shall conform to the applicable
minimum requirements of existing codes such as:

1. PD 957, “Subdivision and Condominium Buyers’ Protective Law” and its


revised implementing rules and regulations;
2. Batas Pambansa 220, “Promulgation of Different Levels of Standards and
Technical Requirements for Economic and Socialized Housing Projects” and
its revised implementing rules and regulations;
3. RA 7279, “Urban Development and Housing Act;”
4. PD 1096 – National Building Code;
5. Fire Code;
6. Sanitation Code;
7. Plumbing Code;
8. Structural Code; and
9. Other relevant guidelines promulgated by the national agencies concerned.

Section 14. Specific Provisions in the National Building Code. Specific provisions
stipulated in the National Building Code (P.D. 1096), as amended, relevant to
traffic generators, advertising and business signs, erection of more than one
principal structure, dwelling on rear lots, building setbacks and dwelling groups,
which are not in conflict with the provisions of the PZO, shall be observed.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Unless otherwise provided in this Ordinance, the following yard requirements


shall be observed:

 For residential uses, yard requirements shall be construed as equivalent to


those in R-2 and R-3 zones, as provided by PD 1096.
 For commercial, light industrial, institutional and agro-industrial uses as well
as buildings under agricultural, Parks and Recreation and agro-forestry uses,
the yard requirements of PD 1096 for commercial, industrial, institutional and
recreational buildings shall always be observed.

Section 15. Projects of National Significance. Projects may be declared by the NEDA
Board as Projects of National Significance pursuant to Section 3 of Executive
Order No. 72. When a project is declared as such by the NEDA Board, the
Locational Clearance shall be issued by HLURB pursuant to EO 72, in
consultation with the Municipality of Pinamalayan.

Section 16. Environmental Compliance Certificate. Projects within the scope of the
Environmental Impact Assessment System, those that are classified as
Environmentally Critical Projects or those that are located in Environmentally
Critical Areas shall not be commenced, developed or operated unless the
requirements of the Environmental Compliance Certificate have been complied
with.

Section 17. Subdivision Projects. All owners and developers of subdivision projects shall
be required, in addition to securing a Locational Clearance as provided by this
Ordinance, to secure a Development Permit pursuant to the provisions of PD 957
and its Implementing Rules and Regulations or BP 220 and its Implementing
Rules and Regulations in the case of Socialized Housing Projects in accordance
with the procedures laid down in EO 71, Series of 1993.

Further, proposed subdivision projects shall prepare their respective Deeds of


Restriction that shall include, among others, regulations pertaining to allowable
uses within their project sites. The list of allowable uses within subdivisions shall
be within the list of allowable uses within the zone to which it belongs. The
Deeds of Restriction shall form part of the requirements for Locational Clearance.

Existing subdivisions, if without Deed of Restriction with a list of allowable uses,


shall prepare the same within six months from the passage of this Ordinance, for
the approval of the Zoning Administrator.

Section 18. Easement. The following easements shall be observed:

1. Pursuant to the provisions of the Water Code, the following easements of


public use in the interest of recreation, navigation, floatage, fishing and
salvage shall be observed throughout the entire lengths of the banks of rivers
and streams and the shores of seas and lakes: 3 meters in urban areas, 20
meters in agricultural areas and 40 meters in forest areas. The Ordinance
further provides that major irrigation canals of the National Irrigation
Administration shall be provided with similar easements.

No person shall be allowed to stay in this zone longer than what is necessary
for space or recreation, navigation, floatage, fishing or salvage or to build
structures of any kind.

2. Mandatory five-meter easement on both sides of earthquake fault traces on


the ground identified by PHIVOLCS.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Section 19. Ancestral Domains. The development and utilization of lands with Certificates
of Ancestral Domain Titles (CADT) shall be per the provisions of The Indigenous
Peoples Rights Act of 1997 (RA 8371).

Section 20. Reclassified Agricultural Lands. All Agricultural Lands within the Built-Up
Zone, i.e. UCD, UFD, UCDD, UED, as well as those in PGAIZ and AZ are hereby
reclassified into urban (non-agricultural) uses, subject to the provisions of the
AFMA, CARL, LGC and other pertinent laws.

Section 21. Reclassification of Agricultural Lands Outside the Built-Up Zone and
Similar Zones. Petitions for the reclassification of agricultural lands located
outside the Built-Up and similar zone per Section 20 above, shall be evaluated on
the merits of conditions prevailing at the time of application subject to the
provisions of the LGC, CARL, AFMA and related laws and shall be in accordance
with the rules and regulations of the DAR, DA and other concerned agencies.

Owners of reclassified agricultural lands outside the designated Built-Up Zone


shall apply for a Conversion Order from the DAR within a period of three months
upon receipt of an approval of the request for reclassification from the HLURB
and/or the Office of the President of the Republic of the Philippines. Failure to do
so for reasons other than force majeure shall cause the reinstatement of the
subject property to agricultural classification.

Section 22. Agricultural Land Use Conversion. The conversion of agricultural lands to
non-agricultural uses shall be subject to the provisions of the CARL, its
implementing rules and regulation as well as the rules and regulations of the DAR
and other concerned agencies.

Section 23. Reversion of Reclassified and Converted Agricultural Lands. The Ordinance
further provides that all applications for land use conversion shall warrant that
developments will commence within a period of one year upon receipt of a
favorable conversion order from the DAR. Converted agricultural lands that are
not developed within the said period, for reasons other than force majeure, shall
be reinstated to agricultural classification aside from subjecting the registered
owner to the penalty provisions of this Ordinance.

Section 24. Use Regulations in Water Bodies. The following use regulations shall apply to
bodies of water such as rivers, streams, lakes and seas:

1. The utilization of municipal waters shall be in accordance with the provision of


the Fisheries Code, Water Code and related laws.

2. The utilization of water bodies within Protected Areas shall be in consonance


with the provision of the NIPAS Act and related laws.

Section 25. 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 not covered by New Town Development under RA 7279, BLISS
Commercial Complexes, etc., the Zoning Administrator may, on grounds of
innovative development techniques, forward applications to HLURB for appropriate
action.

ARTICLE VI
PERFORMANCE STANDARDS

Section 26. Application of Performance Standards. The following performance standards


are intended to ensure land use and neighborhood compatibility. All
developments shall exhibit compliance to these standards which shall form part of
the requirements for Locational Clearance. These standards are by no means

20
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

exhaustive or all inclusive. The Local Zoning Board of Adjustment and Appeals
(LZBAA) may require other standards, when deemed necessary, to ensure land
use and neighborhood compatibility.

Section 27. Buffer Yards. Building setbacks or yards shall be considered as buffer yards.
Aside from providing light and ventilation, buffers can mitigate adverse impacts and
nuisances between two adjacent developments. Whenever necessary, buffers
shall be required to be extended and/or provided with planting materials in order to
ameliorate said negative conditions such as, but not limited to, noise, odor,
unsightly buildings or danger from fires and explosions. A buffer may also contain
a barrier, such as a berm or a fence, where such additional screening is necessary
to achieve the desired level of buffering between various activities.

1. Buffers Between Adjoining Properties. Between two different developments,


e.g. Residential and Commercial, the more intense land use shall provide the
proper buffer design and materials. If a development shall occur beside a
vacant lot, the owners of the properties in consideration may submit a
contractual agreement whereby the required buffer for the first area to develop
shall be reduced or waived. If additional buffer will be required at the time the
vacant lot develops, it shall be provided by the latter development.

The hierarchy of land use intensities, from most to least intensive is provided
below:
 Agri-industrial uses
 Light industrial uses
 Commercial uses
 Institutional uses
 Parks and Recreation uses
 Agro-forestry uses
 Agricultural uses
 Residential uses

2. Buffers on Simultaneous Developments. The more intense use shall provide


the necessary buffer in cases when two developments occur simultaneously.

3. Location of Buffers. The building setbacks or yards shall serve as buffer


locations, at the outer perimeter of a lot or parcel. In no case shall buffers
occupy public or private street rights-of-way.

4. Types of Buffers. Landscaped buffers with suitable foliage are encouraged. On


developments where it may not be possible to put in landscaped buffers (such
as narrow lots), the developer may put up a fence provided the fencing material
is compatible with the design of the building and is in consonance with the
provisions of this Ordinance.

5. Land Uses in Buffer Areas. Buffers are part of yards and open spaces and
in no case shall buildings encroach upon it. It may, however, be used for
passive recreation such as gardening, pedestrian trails, etc.

Section 28. Environmental Conservation and Protection Standards. It is the intent of the
PZO to protect the natural resources of the Municipality. In order to achieve this
objective, all development shall comply with the following regulations:

1. Views shall be preserved for public enjoyment especially in sites with high
scenic quality by closely considering building orientation, height, bulk, fencing
and landscaping.

2. Heavy water using industrial (e.g. soft drink bottling), recreational (golf
courses, water theme parks and the like) and other facilities that will cause

21
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

excessive and non-sustainable drawout of groundwater shall be discouraged


to locate within the Municipality;

3. Land use activities shall not cause the alteration of natural drainage patterns
or change the velocities, volumes, and physical, chemical, and biological
characteristics of stormwater. Streams, watercourses, wetlands, lakes or
ponds shall not be altered, regraded, developed, piped, diverted or built
upon;

4. All developments shall limit the rate of stormwater runoff so that the rate of
runoff generated is no more than that of the site in its natural condition;

5. All developments shall undertake the protection of rivers, streams, lakes and
ponds from sedimentation and erosion damage;

6. The internal drainage systems of developments shall be so designed as not to


increase turbidity, sediment yield, or cause the discharge of any harmful
substances that will degrade the quality of water. Water quality shall be
maintained according to DENR DAO No. 34 – Revised Water Usage and
Classification/Ambient Water Quality Criteria;

7. Municipal and industrial wastewater effluents shall not discharge into surface
and groundwater unless it is scientifically proven that such discharges will not
cause the deterioration of the water quality. Effluents shall be maintained
according to DENR DAO No. 35 – 91 – Establishing Effluent Quality
Standards for Class “C” Inland Waters;

8. Floodplains shall not be altered, filled and/or built upon without proper drainage
design and without proper consideration of possible inundation effects on
nearby properties;

9. All developments, particularly those in sloping areas, shall undertake adequate


and appropriate slope and erosion protection as well as soil conservation
measures.

10. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke
or any other air polluting material that may have deleterious effects on health
or cause the impairment of visibility are not permitted. Air quality at the point
of emission shall be maintained at specified levels according to DENR DAO
No. 14 - Revised Air Quality Standards of 1992; and

11. Trees shall not be cut without an appropriate clearance from the DENR.

Section 29. Network of Green and Open Spaces. All residential, commercial, industrial
and mixed-use subdivisions, having total contiguous land areas of five hectares
or less are respectively required to provide tree- planted strips along its internal
roads having a spacing of not more than 10 meters per tree.

Similar developments with total contiguous land areas greater than five hectares
are required to provide, in addition to the above, landscaped tree parks with
areas not less than ten percent (10%) of the total land area of the property, for
the use of the occupants and/or the general public. These tree parks may be
made part of the open space requirements mandated by PD 957, BP220 and
related laws.

These open spaces, along with parks, playgrounds, roads, alleys and sidewalks
shall be classified as non-alienable public lands, and non-buildable. Upon
completion of the project, these open spaces shall be donated by the owner or
developer to the municipal government or to a duly organized Homeowner’s

22
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Association with the prior written consent of the municipal government. No


portion of these donated open spaces may thereafter be converted to any other
purpose or purposes.

Section 30. Historical Preservation and Conservation Standards. Historic sites and
facilities shall be conserved and preserved. These shall, to the extent possible,
be made accessible for the educational and cultural enrichment of the general
public.

The following shall guide the development of historic sites and facilities:

1. Sites with historic buildings or places shall be developed to conserve and


enhance their heritage values.

2. Historic sites and facilities shall be adaptively re-used.

Section 31. Site Performance Standards. The Municipality considers it in the public interest
that all projects are designed and developed in a safe, efficient and aesthetically
pleasing manner. Site development shall consider the environmental character and
limitations of the site and its adjacent properties. All project elements shall be in
complete harmony according to good design principles and the subsequent
development must be visually pleasing as well as efficiently functioning especially
in relation to the adjacent properties and bordering streets.

The quality of every neighborhood shall always be enhanced. The design,


construction, operation and maintenance of every facility shall be in harmony with
the existing and intended character of its neighborhood. It shall not change the
essential character of the said area but will be a substantial improvement to the
value of the properties in the neighborhood in particular and the community in
general.

Further, designs should consider the following:

1. Sites, buildings and facilities shall be designed and developed with regards to
safety, efficiency and high standards of design. The natural environmental
character of the site and its adjacent properties shall be considered in the site
development of each building and facility.

2. The height and bulk of buildings and structures shall be so designed that it
does not impair the entry of light and ventilation, cause the loss of privacy
and/or create nuisances, hazards or inconveniences to adjacent developments.

3. Abutments to adjacent properties shall not be allowed without the neighbor’s


prior written consent which shall be required by the Zoning Administrator prior
to the granting of a Locational Clearance;

4. The capacity of parking areas/lots shall be per the minimum requirements of


the National Building Code. These shall be located, developed and
landscaped in order to enhance the aesthetic quality of the facility. In no
case shall parking areas/lots encroach into street rights-of-way.

5. Developments that have lot areas of two hectares or more and which attract
a significant volume of public modes of transportation, such as tricycles,
PUJs, buses, etc., shall provide on-site parking for the same. These should
also provide vehicular loading and unloading bays so as through street traffic
flow will not be impeded.

6. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials


shall be provided to all noise and vibration-producing machinery. Noise

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

levels shall be maintained according to levels specified in DENR DAO No. 30


- Abatement of Noise and Other Forms of Nuisance as Defined by Law.

7. Glare and heat from any operation or activity shall not be radiated, seen or
felt from any point beyond the limits of the property.

8. Fencing along roads shall be see-through and have a maximum height of


1.80 meters from the finished grade line. Fence base made of concrete,
hollow blocks, rock or any opaque material shall have a height of no greater
than 1.00 meter. Side fencing between adjacent lots (not facing a road) shall
also have a maximum height of 1.80 meters and may be of opaque
construction material.

9. Cluster housing units or row apartments may be allowed provided that these
shall not exceed six units per cluster or row.

10. Basement and upper level parking are encouraged. Parking buildings may
also be built provided that these are designed to appear as regular buildings.

Section 32. Infrastructure Capacities. All developments shall not cause excessive
requirements at public cost for public facilities and services and will not be
detrimental to the economic welfare of the community. All developments shall
exhibit that their requirements for public infrastructure (such as roads, water
supply and the like) are within the capacities of the system/s serving them.

The Zoning Administrator shall require the following:

1. Drainage Impact Statement.

All development proposals in flood prone areas and all major proposals likely to
affect the existing drainage regime, including commercial-residential buildings,
shopping centers, office areas and business parks, residential areas, schools,
universities, and industrial estates, shall be required to submit Drainage Impact
Statements.

2. Traffic Impact Statement.

Major, high intensity facilities such as commercial-residential buildings having


four floors and above, shopping centers, schools, universities, industrial estates
and/or other similar developments that are required to provide 20 or more
vehicular parking slots by the National Building Code, shall be required to submit
Traffic Impact Statements. Other traffic generating developments, as determined
by the Zoning Administrator, shall be required to submit the same.

Section 33. Socio-Economic Impact Assessment. Major facilities such as industrial


estates, industrial establishments, shopping centers and/or similar facilities that
require 50 or more employees during operations shall be required to submit
Socio-Economic Impact Assessments which shall form part of the requirements
for Locational Clearance. Proponents shall establish that their developments
shall cause direct socio-economic benefits to the municipality such that they
prioritize the hiring of qualified residents of the municipality, provide relevant
employee housing facilities/assistance and/or prioritize the sourcing of materials
and supplies from the municipality.

Section 34. Adveristing, Billboards and Business Signs. No advertising, billboards or


business signs whether on or off premises of an establishment shall be displayed
or put up for public view without clearance from the Zoning Administrator.
Clearance for such signs or billboards may be granted only when the same is
appropriate for the permitted use for a zone and the size thereof is not excessive,

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

taking into account the bulk or size of the building or structure and the business
practices or usages of the locality and the same shall in no case obstruct the view
of any scenic spot.

Obnoxious signs that would constitute nuisance to adjoining property owners,


distract motorists or constitute as hazards to public safety shall not be allowed in
any area. No sign should project to public property unless expressly allowed by the
Zoning Administrator. Temporary signs and billboards for not more than two
months may be allowed by the Zoning Administrator upon payment of
corresponding fees to the Municipality. The permit for such sign shall indicate the
location, size, slope, contents and type of construction.

It shall be unlawful to maintain an obsolete sign by reason of discontinuance of


business, service or activity for more than 60 days therefrom.

ARTICLE VII
SPECIFIC ZONE GUIDELINES

Section 35. Application of Specific Zone Guidelines. Application of the Specific Zone
Guidelines shall be made with specific reference to the General Regulations (Article
V), Performance Standards (Article VI) and the Zoning Maps as set out in the PZO
and as may be subsequently amended.

Applications that are not within the list of allowed uses within the zone in
consideration, or those who are seeking relief from any of the provisions of this
Ordinance, shall be processed according to the provisions of Article VIII,
Mitigating Devices. Further, notwithstanding the list of allowed uses, all
applications for locational clearance shall be evaluated for compliance with the
provisions of the Revised Forestry Code, Water Code, CARL, AFMA and other
pertinent laws governing land reclassification and land use.

Section 36. Built-Up Zone Guidelines

Section 36.1 Urban Core District

 Yard, Building Setbacks and Parking Requirements

In general, yards and building setbacks shall be per the provisions of Sections 14
and 27. The Ordinance further allows abutments on property lines fronting the
following streets:

 M.H. del Pilar Street


 A. Mabini Street
 Recodo Street (from the corner of Ylaya Street to Wawa)
 Francisco Street
 Alvarez Street
 Quezon Street (from Madrid Boulevard to Mabini Street)
 Manrique Street (from Madrid Boulevard to Mabini Street)
 Leuterio Drive (from Madrid Boulevard to Mabini Street)
 P. Burgos Street (from Mabini Street to Del Pilar Street)
 Jaena Street (from Madrid Boulevard to Del Pilar Street)
 Luna Street (from Madrid Boulevard to Del Pilar Street)
 Bonifacio Street (from Madrid Boulevard to Del Pilar Street)
 Morente Street (from Madrid Boulevard to Del Pilar Street)
 Aguinaldo Street (from Madrid Boulevard to Del Pilar Street)
 Malvar Street (from Madrid Boulevard to Del Pilar Street)

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Parking and Access Restrictions

On street parking along Mabini, Manrique, Luna and Burgos Streets is strictly
prohibited. Along Mabini Street, parking spaces/lots without buffer strips shall not
be allowed. Parking spaces shall be buffered from the street shoulder by planting
strips with distict entry and exit points. Parking layouts that cause the backing of
vehicles along this road shall not be allowed.

Single direction traffic flows shall be maintained in front of the pilot School from
Manrique to Luna Streets. Manrique and Wawa Streets shall also be one-way
streets. Along Luna Street, this shall be from Madrid Boulevard to Mabini and vice
versa along Manrique Street.

Inter-municipal buses are not allowed within the UCD.

 General Residential Development Sub-District

1. Allowed Uses

All uses allowed under the following classifications:

a. Residential Uses

Detached family dwelling


Multi-family dwelling a e.g. row houses, apartments
Residential Condominium
Apartment
Customary accessory use like:
 Servants quarter
 Private quarter
 Guard house

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:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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;
 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 interference in any radio
or television receiver or causes fluctuations in line voltage off the premises.

Home Industry classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI);
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this section.

26
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

b. Commercial Uses

Office like:
 Office building
 Office condominium

General retail stores and shops like:


 Department store
 Bookstore and office supply shop
 Home appliance store
 Car dealership shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Repair of clocks and watches


Manufacture of insignia, badges and similar emblems except metal
Repair shops like:
 House appliances repair shop
 Home furnishing shops

Printing and publishing


Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)

c. Institutional Uses

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


Multi-purpose hall/barangay hall
Elementary School
Nursery/Day Care Center
Vocational School
Libraries and museums
Medical centers and multi-purpose clinics
Nursing and convalescing home, health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Church

d. Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures
Sports Club

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the GRDSD:

Maximum PLO Maximum FAR Maximum BHL AISAR


75% 3.0 4.0 90% of total lot area

 Low Density Residential Development Sub-District

1. Allowed Uses

a. Residential Uses

Detached family dwelling


Multi-family dwelling, e.g., row houses, apartments
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the LDRSD:


Maximum PLO Maximum FAR Maximum BHL AISAR
70% 2.0 3.0 90% of total lot area

 High Density Commercial Sub-District

1. Allowed Uses

All uses allowed under the following classifications:

a. Commercial Uses

Office like:
 Office building
 Office condominium

General retail stores and shops like:


 Department store
 Bookstore and office supply shop
 Home appliance store
 Car shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Moviehouse/theatre
 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras
Repair of clocks and watches
Manufacture of insignia, badges and similar emblems except metal
Repair shops like:
 House appliances repair shop
 Home furnishing shops

Printing and publishing


Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the HDCSD:

Maximum PLO Maximum FAR Maximum BHL AISAR


80 6.0 8.0 90% of total lot area

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Moderate Density Commercial Sub-District

1. Allowed Uses

a. Commercial Uses

Office like:
 Office building
 Office condominium

General retail stores and shops like:


 Department store
 Bookstore and office supply shop
 Home appliance store
 Car dealership shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras
Repair of clocks and watches
Manufacture of insignia, badges and similar emblems except metal

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Repair shops like:


 House appliances repair shop
 Home furnishing shops

Printing and publishing


Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)

b. Residential Uses

Detached family dwelling


Multi-family dwelling, e.g., row houses, apartments
Residential Condominium
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

c. Institutional Uses

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


Multi-purpose hall/barangay hall
Elementary School

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Nursery/Day Care Center


Vocational School
Libraries and museums
Multi-purpose clinics
Health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Church

d. Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the MDCSD:

Maximum PLO Maximum FAR Maximum BHL AISAR


80 3.0 4.0 90% of total lot area

 Institutional Sub-District

1. Allowed Uses

a. Institutional Uses

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


Multi-purpose hall/barangay hall
Colleges, universities, professional business schools, vocational and trade
schools, technical schools and other institutions of higher learning
High School
Nursery/Day Care Center
Elementary School
School or public libraries and museums
General hospitals, medical centers, multi-purpose clinics
Nursing and convalescing home, health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Convention center and related facilities
Religious structures e.g. church, seminary, convents
Libraries and Museums

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the ISD:

Maximum PLO Maximum FAR Maximum BHL AISAR


80 3.0 4.0 90% of total lot area

 Parks and Recreation Sub-District

1. Allowed Uses

a. Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures
Gyms

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the PRSD:

Maximum PLO Maximum FAR Maximum BHL AISAR


30 0.5 2.0 50% of total lot area

Section 36.2 Urban Core Fringe District (UCFD) Guidelines

 Yards and Building Setbacks

In general, yards and building setbacks shall be per the provisions of Sections14
and 27 of this Ordinance. The Ordinance, however, further provides for the
following:

 Abutments on property lines fronting Mabini Street shall be allowed.

 Minimum front setbacks of 10 meters shall be required for buildings within


properties abutting the National Road. Moreover, the minimum setback
between side property lines shall be four meters.

 Parking and Access Restrictions

Along the National Road and Mabini Street, on street parking or parking without
buffer strip shall not be allowed. Parking spaces shall be buffered from the street
shoulder by planting strips with district entry and exit points. Parking layouts that
cause the backing of vehicles along these roads shall not be allowed.

Inter-municipal buses are not allowed from the National Road to the UCD
boundary.

 General Residential Development Sub-District

1. Allowed Uses

a. Residential Uses

Detached family dwelling


Multi-family dwelling a e.g. row houses, apartments
Residential Condominium
Apartment
Customary accessory use like:
 Servants quarter
 Private quarter
 Guard house

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:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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;

34
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 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 interference in any radio
or television receiver or causes fluctuations in line voltage off the premises.

Home Industry classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI);
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

b. Commercial Uses

Office like:
 Office building
 Office condominium

General retail stores and shops like:


 Department store
 Bookstore and office supply shop
 Home appliance store
 Car dealership shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel

35
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Boarding house
 Dormitory
 Pension house

Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras
Repair of clocks and watches
Manufacture of insignia, badges and similar emblems except metal
Repair shops like:
 House appliances repair shop
 Home furnishing shops

Printing and publishing


Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)

c. Institutional Uses

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


Multi-purpose hall/barangay hall
Elementary School
Nursery/Day Care Center
Vocational School
Libraries and museums
Medical centers and multi-purpose clinics
Nursing and convalescing home, health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Church

d. Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures
Sports Club

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the GRDSD:

Maximum PLO Maximum FAR Maximum BHL AISAR


75% 3.0 4.0 90% of total lot area

 Low Density Residential Development Sub-District

1. Allowed Uses

a. Residential Uses

Detached family dwelling

36
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

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


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the LDRSD:


Maximum PLO Maximum FAR Maximum BHL AISAR
70% 2.0 3.0 90% of total lot area

 Moderate Density Commercial Sub-District

1. Allowed Uses

a. Commercial Uses

Office like:
 Office building
 Office condominium

General retail stores and shops like:


 Department store

37
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Bookstore and office supply shop


 Home appliance store
 Car dealership shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house
Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras
Repair of clocks and watches
Manufacture of insignia, badges and similar emblems except metal
Repair shops like:
 House appliances repair shop
 Home furnishing shops

Printing and publishing


Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)

b. Residential Uses

Detached family dwelling


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

38
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Residential Condominium
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

c. Institutional Uses

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


Multi-purpose hall/barangay hall
Elementary School
Nursery/Day Care Center
Vocational School
Libraries and museums
Multi-purpose clinics
Health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Church

d. Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures

39
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the MDCSD:

Maximum PLO Maximum FAR Maximum BHL AISAR


80 3.0 4.0 90% of total lot area

 Institutional Sub-District

1. Allowed Uses

a. Institutional Uses

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


Multi-purpose hall/barangay hall
Colleges, universities, professional business schools, vocational and trade
schools, technical schools and other institutions of higher learning
High School
Nursery/Day Care Center
Elementary School
School or public libraries and museums
General hospitals, medical centers, multi-purpose clinics
Nursing and convalescing home, health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Convention center and related facilities
Religious structures e.g. church, seminary, convents
Libraries and Museums

3. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the ISD:

Maximum PLO Maximum FAR Maximum BHL AISAR


80 3.0 4.0 90% of total lot area

 Parks and Recreation Sub-District

1. Allowed Uses

a. Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures
Gyms

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the PRSD:

Maximum PLO Maximum FAR Maximum BHL AISAR


30 0.5 2.0 50% of total lot area

 Socialized Housing Sub-District

Regulations shall be according to the guidelines of BP 220 and/or the Community


Mortgage Program (CMP) shall govern the development of this area.

40
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Cemetery Sub-District

Regulations shall be according to the guidelines of HLURB in the design and


development of cemeteries.

Section 36.3. Urban Corridor District (UCDD) Guidelines

1. Allowed Uses

a. Residential Uses

Detached family dwelling


Multi-family dwelling, e.g., row houses, apartments
Residential Condominium
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

b. Commercial Uses

Office like:
 Office building
 Office condominium

41
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

General retail stores and shops like:


 Department store
 Bookstore and office supply shop
 Home appliance store
 Car dealership/ repair shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop
Recreational center/establishments like
 Moviehouse/theatre
 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras
Repair of clocks and watches
Manufacture of insignia, badges and similar emblems except metal
Repair shops like:
 House appliances repair shop
 Home furnishing shops

Printing and publishing


Machinery display shop/center
Construction Supplies/ Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)
Chicharon factory

42
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Biscuit factory – manufacture of biscuits, cookies, crackers, and other similar


dried bakery products
Doughnut and hopia factory
Repacking of food products e.g. fruits, vegetables, sugar and other related
products

c. Institutional Uses

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


Multi-purpose hall/barangay hall
Colleges, universities, professional business schools, vocational and trade
schools, technical schools and other institutions of higher learning
High School
Elementary School
Nursery/Day Care Center
Vocational School
School or public libraries and museums
General hospitals, medical centers, multi-purpose clinics
Nursing and convalescing home, health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Convention center and related facilities
Religious structures e.g. church, seminary, convents
Libraries and Museums

d. Light Industrial Uses

Non-Pollutive/Non-Hazardous Industries such as:

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


bakery products
Doughnut and hopia factory
Manufacture of luggage, handbags, wallets and small leather goods
Manufacture of shoes except rubber, plastic and wood
Manufacture of slipper and sandal except rubber and plastic
Manufacture of footwear parts except rubber and plastics
Printing, publishing and allied industries
Manufacture or assembly of typewriters, cash registers, and weighing, duplicating
and accounting machines
Manufacture or assembly of electronic data processing machinery and
accessories
Renovation and repair of office machinery
Manufacture or assembly of miscellaneous office machine
Manufacture of animal drawn vehicles
Manufacture of children’s vehicles and baby carriages
Manufacture of laboratory and scientific instruments, barometers, chemical
balance, etc.
Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi
meter, thermometer, etc.
Manufacture or assembly of surgical, medical dental, equipment and medical
furniture
Manufacture of medical/surgical supplies: adhesive tapes, antiseptic, dressing,
sanitary napkins, surgical gauge, etc.
Manufacture of orthopaedic and prosthetic appliances (abdominal supporter,
ankle supports, arch support, artificial limb, kneecap supporters, etc.)
Manufacture of photographic equipment and accessories
Manufacture or assembly of optical instruments
Manufacture of eyeglasses and spectacles
Manufacture of optical lenses

43
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Manufacture of watches and clocks


Manufacture of pianos
Manufacture of string instruments
Manufacture of wind and percussion instruments
Manufacture or assembly of electronic organs
Manufacture of sporting gloves and mitts
Manufacture of sporting balls (not of rubber or plastics)
Manufacture of gym and playground equipment
Manufacture of sporting tables (billiards, pingpong, pool)
Manufacture of other sporting and athletic goods
Manufacture of toys and dolls except rubber and mold plastics
Manufacture of pens, pencils and other office and artist materials
Manufacture of umbrellas and canes
Manufacture of buttons except plastics
Manufacture of brooms, brushes and fans
Manufacture of needles, pens, fasteners and zippers
Manufacture of insignia, badges and similar emblems (except metal)
Manufacture of signs and advertising displays (except printed)
Small-scale manufacture of ice cream

Non-Pollutive/Hazardous Industries such as:


Manufacture of house furnishing
Textile bag factories
Manufacture of miscellaneous textile goods, embroideries and weaving apparel
Manufacture of fiber batting, padding and upholstery filling except coir
Men’s and boy’s garments factory
Women’s, girl’s and ladies’ garments factory
Manufacture of hats, gloves, handkerchief, neckwear and related clothing
accessories
Manufacture of raincoats and waterproof outer garments except jackets
Manufacture of miscellaneous wearing apparel except footwear
Manufacture of miscellaneous fabricated millwork
Manufacture of wooden cane factory
Sawali, nipa and split cane factory
Manufacture of bamboo, rattan and other cane baskets and wares
Manufacture of cork products
Manufacture of wooden shoes, shoe lace and other similar products
Manufacture of miscellaneous wood products
Manufacture of miscellaneous furniture and fixtures except those made of metals
Manufacture of paper stationary, envelopes and related articles

e. Parks and Recreation Uses

Parks and gardens


Resort area including accessory uses
Open air or outdoor sports activities and support facilities, including low rise
stadia, gyms, amphitheaters and swimming pools
Memorial/Shrines monument, kiosk and other park structures
Sports Club

f. Agricultural Uses

Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
Silviculture, mushroom culture and the like
Customary support facilities such as palay dryers, rice treshers and storage barns
and warehouse

44
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Ancillary dwelling units/farmhouses for tillers and laborers


Agricultural research and experimentation facilities such as breeding stations,
fishfarms, nurseries, demonstration farms, etc.

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in UCDD:

Maximum PLO Maximum FAR Maximum BHL AISAR


70 2.0 4.0 60% of the total lot
area

2. Yards and Building Setbacks

In general, minimum yards and building setbacks shall be per provisions of


Sections 14 and 27 of this Ordinance. The Ordinance, however, further provides
for the following:

 The minimum setback of buildings within properties abutting the National Road
and the Airport Road shall be 10 meters. The minimum setback between side
property lines shall be four meters.

3. Parking

Along the National Road and Airport Road, on-street parking or parking without
buffer strips shall not be allowed. Parking spaces shall be buffered from the street
shoulder by planting strip with distinct entry and exit points. Parking layouts that
cause the backing of vehicles along these roads shall not be allowed.

Section 36.4 Urban Expansion District (UED) Guidelines

1. Allowed Uses

a. Residential Uses

Detached family dwelling


Multi-family dwelling, e.g., row houses, apartments
Socialized Housing
Residential Condominium
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any

45
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

radio or television receiver or causes fluctuations in line voltage off the


premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

b. Commercial Uses

Office like:
 Office building
 Office condominium

General retail stores and shops like:


 Department store
 Bookstore and office supply shop
 Home appliance store
 Car shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Moviehouse/theatre
 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel

46
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Apartel
 Boarding house
 Dormitory
 Pension house

Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras
Repair of clocks and watches
Manufacture of insignia, badges and similar emblems except metal
Repair shops like:
 House appliances repair shop
 Home furnishing shops

Printing and publishing


Machinery display shop/center
Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)
Repacking of food products e.g. fruits, vegetables, sugar and other related
products

c. Institutional Uses

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


Multi-purpose hall/barangay hall
Colleges, universities, professional business schools, vocational and trade
schools, technical schools and other institutions of higher learning
High School
Elementary School
Nursery/Day Care Center
Vocational School
Libraries and museums
General hospitals, medical centers, multi-purpose clinics
Nursing and convalescing home, health center
Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Convention center and related facilities
Religious structures e.g. church, seminary, convents

d. Light Industrial Uses

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


bakery products
Doughnut and hopia factory
Manufacture of luggage, handbags, wallets and small leather goods
Manufacture of shoes except rubber, plastic and wood
Manufacture of slipper and sandal except rubber and plastic
Manufacture of footwear parts except rubber and plastics
Printing, publishing and allied industries
Manufacture or assembly of typewriters, cash registers, and weighing, duplicating
and accounting machines

47
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Manufacture or assembly of electronic data processing machinery and


accessories
Renovation and repair of office machinery
Manufacture or assembly of miscellaneous office machine
Manufacture of animal drawn vehicles
Manufacture of children’s vehicles and baby carriages
Manufacture of laboratory and scientific instruments, barometers, chemical
balance, etc.
Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi
meter, thermometer, etc.
Manufacture or assembly of surgical, medical dental, equipment and medical
furniture
Manufacture of medical/surgical supplies: adhesive tapes, antiseptic, dressing,
sanitary napkins, surgical gauge, etc.
Manufacture of orthopaedic and prosthetic appliances (abdominal supporter,
ankle supports, arch support, artificial limb, kneecap supporters, etc.)
Manufacture of photographic equipment and accessories
Manufacture or assembly of optical instruments
Manufacture of eyeglasses and spectacles
Manufacture of optical lenses
Manufacture of watches and clocks
Manufacture of pianos
Manufacture of string instruments
Manufacture of wind and percussion instruments
Manufacture or assembly of electronic organs
Manufacture of sporting gloves and mitts
Manufacture of sporting balls (not of rubber or plastics)
Manufacture of gym and playground equipment
Manufacture of sporting tables (billiards, pingpong, pool)
Manufacture of other sporting and athletic goods
Manufacture of toys and dolls except rubber and mold plastics
Manufacture of pens, pencils and other office and artist materials
Manufacture of umbrellas and canes
Manufacture of buttons except plastics
Manufacture of brooms, brushes and fans
Manufacture of needles, pens, fasteners and zippers
Manufacture of insignia, badges and similar emblems (except metal)
Manufacture of signs and advertising displays (except printed)
Small-scale manufacture of ice cream

Non-Pollutive/Hazardous Industries such as:


Manufacture of house furnishing
Textile bag factories
Manufacture of miscellaneous textile goods, embroideries and weaving apparel
Manufacture of fiber batting, padding and upholstery filling except coir
Men’s and boy’s garments factory
Women’s, girl’s and ladies’ garments factory
Manufacture of hats, gloves, handkerchief, neckwear and related clothing
accessories
Manufacture of raincoats and waterproof outer garments except jackets
Manufacture of miscellaneous wearing apparel except footwear
Manufacture of miscellaneous fabricated millwork
Manufacture of wooden cane factory
Sawali, nipa and split cane factory
Manufacture of bamboo, rattan and other cane baskets and wares
Manufacture of cork products
Manufacture of wooden shoes, shoe lace and other similar products
Manufacture of miscellaneous wood products
Manufacture of miscellaneous furniture and fixtures except those made of metals

48
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Manufacture of paper stationary, envelopes and related articles

e. Parks and Recreation Uses

Parks and gardens


Resort area including accessory uses
Open air or outdoor sports activities and support facilities, including low rise
stadia, gyms, amphitheaters and swimming pools
Memorial/Shrines monument, kiosk and other park structures
Sports Club

f. Agricultural Uses

Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
Silviculture, mushroom culture and the like
Customary support facilities such as palay dryers, rice treshers and storage barns
and warehouse
Ancillary dwelling units/farmhouses for tillers and laborers
Agricultural research and experimentation facilities such as breeding stations,
fishfarms, nurseries, demonstration farms, etc.

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in UED:

Maximum PLO Maximum FAR Maximum BHL AISAR


70 4.0 None 80 % of the total lot
area

3. Yards and Building Setbacks

In general, minimum yards and building setbacks shall be per the provisions of
Sections 14 and 27 of this Ordinance. The Ordinance, however, further provides
for the following:

 The minimum yard requirements for properties abutting the Airport Road shall
be 10 meters. The minimum yard width between side property lines therein
shall be four meters.

4. Parking

Along the Airport Road, on street parking or parking without buffer strips shall not
be allowed. Parking spaces shall be buffered from the street shoulder by planting
strip with distinct entry and exit points. Parking layouts that cause the backing of
vehicles along this road shall not be allowed.

Section 37. Agricultural Zone

Section 37.1 Strategic Agriculture and Fisheries Development Zone (SAFDZ)

1. Allowed Uses

a. Crops Development District (CDD)

49
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Agricultural Uses

Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
Silviculture, mushroom culture and the like
Customary support facilities such as palay dryers, rice treshers and storage barns
and warehouse
Ancillary dwelling units/farmhouses for tillers and laborers
Agricultural research and experimentation facilities such as breeding stations,
fishfarms, nurseries, demonstration farms, etc.

Residential Uses

Detached family dwelling


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

Institutional Uses

Multi-purpose hall/barangay hall

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

High School
Elementary School
Nursery/Day Care Center
Health center
Church

Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures

b. Livestock Development District (LDD)

Agricultural Uses

Pastoral activities such as goat raising and cattle fattening.


Backyard raising of livestock and fowl, provided that:
 For livestock – a maximum of 10 heads
 For fowl – a minimum of 500 birds.

Residential Uses

Detached family dwelling


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

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

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Swimming Pool
 Pelota court
 Others

Institutional Uses

Multi-purpose hall/barangay hall


High School
Elementary School
Nursery/Day Care Center
Health center
Church

Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures

c. Fishery Development District (FDD)

Fishery Production Uses

Fishing and fish culture


Crustaceans and mollusks culture
Seaweed culture and farming
Smoked and dried fish production

d. Crop/Livestock Development District (CLDD)

Agricultural Uses
Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
Silviculture, mushroom culture and the like
Customary support facilities such as palay dryers, rice treshers and storage barns
and warehouse
Ancillary dwelling units/farmhouses for tillers and laborers
Agricultural research and experimentation facilities such as breeding stations,
fishfarms, nurseries, demonstration farms, etc
Pastoral activities such as goat raising and cattle fattening.
Backyard raising of livestock and fowl, provided that:
 For livestock – a maximum of 10 heads
 For fowl – a minimum of 500 birds.

Residential Uses

Detached family dwelling


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 No home occupation shall be conducted in any customary accessory uses


cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.
Home Industry Classified as cottage industry provided that:
 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

Institutional Uses

Multi-purpose hall/barangay hall


High School
Elementary School
Nursery/Day Care Center
Health center
Church

Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures

2. Land Use Intensity Control Ratings

Structures, whenever allowed, shall be governed by the following:

Maximum PLO Maximum FAR Maximum BHL AISAR


40 0.75 2.0 45 % of the total lot
area

3. Yards, Building Setbacks and Parking Requirements

Yards and building setbacks shall be per the provisions of Section 13 of this
Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Section 37.2 General Agricultural District

1. Allowed Uses

Agricultural Uses

Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
Silviculture, mushroom culture and the like
Customary support facilities such as palay dryers, rice treshers and storage barns
and warehouse
Ancillary dwelling units/farmhouses for tillers and laborers
Agricultural research and experimentation facilities such as breeding stations,
fishfarms, nurseries, demonstration farms, etc
Pastoral activities such as goat raising and cattle fattening.
Backyard raising of livestock and fowl, provided that:
 For livestock – a maximum of 10 heads
 For fowl – a minimum of 500 birds.

Residential Uses

Detached family dwelling


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.
Home Industry Classified as cottage industry provided that:
 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

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

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Swimming Pool
 Pelota court
 Others

Institutional Uses

Multi-purpose hall/barangay hall


High School
Elementary School
Nursery/Day Care Center
Health center
Church

Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures

2. Land Use Intensity Control Ratings

Structures, whenever allowed, shall be governed by the following:

Maximum PLO Maximum FAR Maximum BHL AISAR


40 0.75 2.0 45 % of the total lot
area

3. Yards, Building Setbacks and Parking Requirements

Yards and building setbacks shall be per the provisions of Section 13 of this
Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

Section 38. Forestland

No development, use, or activity shall be allowed in the Forestland unless


consistent with the provisions of the Revised Forestry Code, as amended, the rules
and regulations of the DENR for the said areas, and unless a permit, lease or
license is issued by the said agency for activities such as, but not limited to, the
following:

1. Contract Reforestation with Forest Land Management Agreement (FLMA);


2. Commercial Tree Plantation and Industrial Forest Plantation (CTP/IFP);
3. Integrated Social Forestry Programs (ISF);
4. Community-Based Forest Management;
5. Reforestation Compliance by Forest Users by Temporary Lease Agreement;
6. Reforestation Compliance by Pasture Lease Agreement; and
7. Ecological Revolution Programs (ECOREV).

Other allowable uses such as Mining, Infrastructure Development, Fishpond and


Resettlement Purposes should be in consonance with National Policies
enumerated below:

8. Mining
No extraction, excavation or other mining activity shall be undertaken except in
accordance with the Mining Code and its Implementing Rules and Regulations.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

9. Fishpond Purposes
Fishing activities within Forestland shall be undertaken pursuant to the provisions
of the Fisheries Code and its Implementing Rules and Regulations and the Revised
Forestry Code of the Philippines, as amended.

10. Infrastructure and Resettlement


Infrastructure Development and Resettlement undertaken within Forestland shall
be consistent with the provisions of the Revised Forestry Code of the Philippines,
as amended, and subject to an Environmental Impact Assessment, prior to the
approval of such projects in order to determine their environmental impacts and
social acceptability.

Section 39. Conservation Zone (CVZ)

1. Allowed Uses

Agro-forestry uses

Tree plantations
Agricultural uses such as:
 Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
 Silviculture, mushroom culture and the like.

Residential Uses

Detached family dwelling


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.
Home Industry Classified as cottage industry provided that:
 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

Institutional Uses

Multi-purpose hall/barangay hall


Elementary school
Nursery/Day Care Center
High school
Religious structures e.g. church, seminary, convents
Health center

Parks and Recreation Uses

Parks and gardens


Memorial (shrines, monument, kiosk and other park structures)

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the CVZ:

Maximum PLO Maximum FAR Maximum BHL AISAR


30 0.60 2.0 35 % of the total lot
area

3. Yards and Building Setbacks and Parking

Yards and building setbacks shall be per the provisions of Sections 14 and 27 of
this Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

Section 40. Protection Zone (PZ)

Allowed Uses

Only uses consistent with the provisions of the Revised Forestry Code, as
amended, particularly on slopes greater than 50 percent, shall be allowed. This
Zone is a designated reserved second growth forest and logging operations are
strictly prohibited.

2. Land Use Intensity Controls

The PZ is a zone of zero land use intensity, where no building construction is


allowed.

Section 41. Pili Tourism Zone (PTZ)

1. Allowed Uses

All uses allowed under the following classifications:

a. Parks and Recreation Uses

Parks and gardens


Resort area including accessory uses

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Open air or outdoor sports activities and support facilities, including low-rise
stadia, gyms, amphitheaters and swimming pools
Memorial/Shrines monument, kiosk and other park structures
Sports Club

b. Commercial Uses

General retail stores and shops like:


 Bookstore and office supply shop
 Home appliance store
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool

Restaurant and other eateries

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

c. Residential Uses

Detached family dwelling


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

radio or television receiver or causes fluctuations in line voltage off the


premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

d. Institutional Uses

Nursery/day care center


Elementary school
High school
Religious structures e.g. church, seminary, convents
Multi-purpose hall/barangay hall
Clinic, nursing and convalescing home, health center

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in PTZ:

Maximum PLO Maximum FAR Maximum BHL AISAR


30 0.60 2.0 35 % of the total lot
area

3. Yards and Building Setbacks

Yards and building setbacks shall be per the provisions of Sections 14 and 27 of
this Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

4. Parking

Parking provisions shall be per the minimum requirements of the National Building
Code.

Section 42. Pili-Guinhawa Agri-Industrial Zone (PGAIZ)

1. Allowed Uses

a. Agri-Industrial Uses

Rice/corn mills (single pass)


Drying, cleaning, curing and preserving of meat and its by-products and derivatives
Drying, smoking and airing of tobacco
Flour mill
Cassava flour mill

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Manufacture of coffee
Manufacture of unprepared animal feeds and other grain milling
Production of prepared feeds for animals
Cigar and cigarette factory
Curing and redrying tobacco leaves
Miscellaneous processing of tobacco leaves
Weaving hemp textile
Jute spinning and weaving
Manufacture of charcoal
Milk processing plants (manufacturing filled, reconstituted or recombined milk,
condensed or evaporated)
Butter and cheese processing plants
Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of
natural animal milk and cream related products)
Canning and preserving of fruits and fruit juices
Canning and preserving of vegetables and vegetable juices
Canning and preserving of vegetable sauces
Miscellaneous canning and preserving of fruit and vegetables
Fish canning
Patis factory
Bagoong factory
Processing, preserving and canning of fish and other seafood
Manufacture of desiccated coconut
Manufacture of starch and its products
Manufacture of wines from juices of local fruits
Vegetable oil mills, including coconut oil
Sugarcane milling (centrifugal and refined)
Sugar refining
Muscovado sugar mill
Cotton textile mill
Manufacture/processing of other plantation crops e.g. pineapple, bananas, etc.
Drying fish
Chicharon factory
Manufacture of macaroni, spaghetti and vermicelli and other noodles
Quick freezing and cold packaging for fish and other seafood
Quick freezing and cold packaging for fruits and vegetables
Popcorn/rice factory
Canvass and other canvass process factory
Jute bag factory
Other commercial handicrafts and industrial activities utilizing plant or animal parts
and/or products as raw materials
Other accessory uses incidental to agro-industrial activities such as clinics,
canteens and employees’ housing

b. Residential

Detached family dwelling


Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

c. Commercial

General retail stores and shops like:


 Bookstore and office supply shop
 Home appliance store
 Photo shop
 Flower shop

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool

Restaurant and other eateries

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

d. Parks and Recreation

Parks and gardens


Resort area including accessory uses
Open air or outdoor sports activities and support facilities, including low rise
stadia, gyms, amphitheaters and swimming pools
Memorial/Shrines monument, kiosk and other park structures
Sports Club

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in PGAIZ:

Maximum PLO Maximum FAR Maximum BHL AISAR


70 2.0 None 80 % of the total lot
area

3. Yards and Building Setbacks

Yards and building setbacks shall be per the provisions of Sections 14 and 27 of
this Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

4. Parking

Parking provisions shall be per the minimum requirements of the National Building
Code.

Section 43. Airport Zone (AZ)

1. Allowed Uses

All uses under the following classification:

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

a. Airport and airport-related uses such as warehousing, cargo handling,


etc.

b. Residential Uses

All residential uses enumerated in UCD.


Detached family dwelling
Multi-family dwelling, e.g., row houses, apartments
Socialized Housing
Residential Condominium
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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; and
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

c. Commercial Uses

Office like:
 Office building
 Office condominium

General retail stores and shops like:


 Department store
 Bookstore and office supply shop

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 Home appliance store


 Car shop
 Photo shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery

Personal service shops like:


 Beauty parlor
 Barber shop

Recreational center/establishments like


 Moviehouse/theatre
 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Gymnasium

Restaurant and other eateries


Short term special education like:
 Dancing schools
 Schools for self-defense
 Driving school
 Speech clinics

Commercial condominium (with residential units in upper floors)


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

Messengerial services
Janitorial services
Bank and other financial institution
Bakery and baking bread, cake, pastries, pies and other similar perishable
products
Dressmaking shop
Tailoring shop
Commercial job printing
Typing and photo engraving services
Repair of optical instrument and equipment and cameras
Repair of clocks and watches
Manufacture of insignia, badges and similar emblems except metal
Repair shops like:
 House appliances repair shop
 Home furnishing shops

Printing and publishing


Machinery display shop/center
Hardware shops
Printing and publishing of books pamphlets, printing cards and stationery
Manufacture of signs and advertising displays (except printed)
Repacking of food products e.g. fruits, vegetables, sugar and other related
products

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

d. Parks and Recreation Uses

Parks and gardens


Resort area including accessory uses
Open air or outdoor sports activities and support facilities, including low rise
stadia, gyms, amphitheaters and swimming pools
Memorial/Shrines monument, kiosk and other park structures
Sports Club

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the AZ:

Maximum PLO Maximum FAR Maximum BHL AISAR


70 2.0 3 floors or ATO 80% of the total lot
regulations, area
whichever is
lower

3. Yards and Building Setbacks

Yards and building setbacks shall be per the provisions of Sections 14 and 27 of
this Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

Section 44. Development Opportunity Zone (DOZ)

1. Allowed Uses

a. Residential Uses

Detached family dwelling


Multi-family dwelling, e.g., row houses, apartments
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

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

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


five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;
 No home occupation shall be conducted in any customary accessory uses
cited above;
 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;
 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 interference in any radio
or television receiver or causes fluctuations in line voltage off the premises.

Home Industry Classified as cottage industry provided that:

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI);
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

b. Agricultural Uses

Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
Silviculture, mushroom culture and the like
Customary support facilities such as palay dryers, rice treshers and storage barns
and warehouse
Ancillary dwelling units/farmhouses for tillers and laborers
Agricultural research and experimentation facilities such as breeding stations,
fishfarms, nurseries, demonstration farms, etc
Pastoral activities such as goat raising and cattle fattening.
Backyard raising of livestock and fowl, provided that:
 For livestock – a maximum of 10 heads
 For fowl – a minimum of 500 birds.

c. Light Industrial Uses

Non-Pollutive/Non-Hazardous Industries such as:


Biscuit factory-manufacture of biscuits, cookies, crackers and other similar dried
bakery products
Doughnut and hopia factory
Manufacture of luggage, handbags, wallets and small leather goods
Manufacture of shoes except rubber, plastic and wood
Manufacture of slipper and sandal except rubber and plastic
Manufacture of footwear parts except rubber and plastics
Printing, publishing and allied industries
Manufacture or assembly of typewriters, cash registers, and weighing, duplicating
and accounting machines
Manufacture or assembly of electronic data processing machinery and
accessories
Renovation and repair of office machinery
Manufacture or assembly of miscellaneous office machine
Manufacture of animal drawn vehicles
Manufacture of children’s vehicles and baby carriages
Manufacture of laboratory and scientific instruments, barometers, chemical
balance, etc.
Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi
meter, thermometer, etc.
Manufacture or assembly of surgical, medical dental, equipment and medical
furniture
Manufacture of medical/surgical supplies: adhesive tapes, antiseptic, dressing,
sanitary napkins, surgical gauge, etc.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Manufacture of orthopaedic and prosthetic appliances (abdominal supporter,


ankle supports, arch support, artificial limb, kneecap supporters, etc.)
Manufacture of photographic equipment and accessories
Manufacture or assembly of optical instruments
Manufacture of eyeglasses and spectacles
Manufacture of optical lenses
Manufacture of watches and clocks
Manufacture of pianos
Manufacture of string instruments
Manufacture of wind and percussion instruments
Manufacture or assembly of electronic organs
Manufacture of sporting gloves and mitts
Manufacture of sporting balls (not of rubber or plastics)
Manufacture of gym and playground equipment
Manufacture of sporting tables (billiards, pingpong, pool)
Manufacture of other sporting and athletic goods
Manufacture of toys and dolls except rubber and mold plastics
Manufacture of pens, pencils and other office and artist materials
Manufacture of umbrellas and canes
Manufacture of buttons except plastics
Manufacture of brooms, brushes and fans
Manufacture of needles, pens, fasteners and zippers
Manufacture of insignia, badges and similar emblems (except metal)
Manufacture of signs and advertising displays (except printed)
Small-scale manufacture of ice cream

Non-Pollutive/Hazardous Industries such as:


Manufacture of house furnishing
Textile bag factories
Manufacture of miscellaneous textile goods, embroideries and weaving apparel
Manufacture of fiber batting, padding and upholstery filling except coir
Men’s and boy’s garments factory
Women’s, girl’s and ladies’ garments factory
Manufacture of hats, gloves, handkerchief, neckwear and related clothing
accessories
Manufacture of raincoats and waterproof outer garments except jackets
Manufacture of miscellaneous wearing apparel except footwear
Manufacture of miscellaneous fabricated millwork
Manufacture of wooden cane factory
Sawali, nipa and split cane factory
Manufacture of bamboo, rattan and other cane baskets and wares
Manufacture of cork products
Manufacture of wooden shoes, shoe lace and other similar products
Manufacture of miscellaneous wood products
Manufacture of miscellaneous furniture and fixtures except those made of metals
Manufacture of paper stationary, envelopes and related articles

d. Institutional Uses

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


Multi-purpose hall/barangay hall
Colleges, universities, professional business schools, vocational and trade
schools, technical schools and other institutions of higher learning
High School
Elementary School
Nursery/Day Care Center
Vocational School
Libraries and museums
General hospitals, medical centers, multi-purpose clinics

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Nursing and convalescing home, health center


Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
Convention center and related facilities
Religious structures e.g. church, seminary, convents

e. Parks and Recreation Uses

Parks and gardens


Resort area including accessory uses
Open air or outdoor sports activities and support facilities, including low rise
stadia, gyms, amphitheaters and swimming pools
Memorial/Shrines monument, kiosk and other park structures
Sports Club

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the DOZ:

Maximum PLO Maximum FAR Maximum BHL AISAR


40 1.0 None 45% of the total lot
area

3. Yards and Building Setbacks and Parking Requirements

Yards and building setbacks shall be per the provisions of Sections 14 and 27 of
this Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

Section 45. Overlay Zone

The following shall guide developments should these be allowed in the Coastal
Greenway Zone (CGZ):

1. Allowed Uses

No developments shall be allowed within the public easement. Outsdie the public
easement, the following may be allowed:

a. Parks and Recreation Uses

Parks and gardens


Memorial/Shrines monument, kiosk and other park structures

b. Residential Uses

Detached family dwelling


Multi-family dwelling, e.g., row houses, apartments
Customary accessory uses like:
 Servants quarter
 Private quarter
 Guard house

Home occupation for the practice of one’s profession or for engaging home
business such as dressmaking, tailoring, baking, running a sari-sari store and the
like provided that:
 The number of persons engaged in such business/industry shall not exceed
five (5), inclusive of owner;
 There shall be no change in the outside appearance of the building premises;

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

 No home occupation shall be conducted in any customary accessory uses


cited above;
 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;
 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 interference in any
radio or television receiver or causes fluctuations in line voltage off the
premises.

Home Industry Classified as cottage industry provided that:


 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;
 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI);
 Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipments as enumerated under Home Occupation of this
section.

Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
 Swimming Pool
 Pelota court
 Others

c. Commercial Uses

General retail stores and shops like:


 Photo supplies shop
 Flower shop

Food market and shops like:


 Bakery and bakeshop
 Wine store
 Grocery
Personal service shops like:
 Beauty parlor
 Barber shop

Recreational center/establishments like


 Playcourt e.g. tennis court, bowling lane, billiard hall
 Swimming pool
 Restaurant and other eateries
 Sing-a-long bars
 Sports club

Storerooms but only as maybe necessary for he efficient conduct of business


Commercial housing like:
 Hotel
 Apartel
 Boarding house
 Dormitory
 Pension house

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

d. Parks and Recreation Uses

Resort areas including accessory uses


Sports club

2. Land Use Intensity Control Ratings

Following is the LUIC rating that shall be observed in the CGZ:

Maximum PLO Maximum FAR Maximum BHL AISAR


30 1.0 2.0 35% of the total lot
area

3. Yards and Building Setbacks and Parking Requirements

Yards and building setbacks shall be per the provisions of Sections 14 and 27 of
this Ordinance. Parking provisions shall be per the minimum requirements of the
National Building Code.

ARTICLE VIII
MITIGATING DEVICES

Section 46. Deviation. The Local Zoning Board of Adjustment and Appeals (LZBAA) may
allow exceptions or variances from the provisions of this Ordinance only when the
following terms and conditions are existing:

1. Variance

Variance may be allowed provided that proposals satisfy at least three of the
following provisions:

 The conditions of the property (topography, shape, etc.) which is not self-
created, will inhibit the proper layout/design of facilities, per the Yards,
Building Setback and Parking Requirements and other pertinent
provisions of this Ordinance.

 The proposed variance is the minimum deviation necessary to permit


reasonable use of the property.
 The variance will not substantially or permanently injure the use of the
other properties in the same zone such as blocking off natural light,
causing loss of natural ventilation or encroaching in public easements
and the like.

 That the variance will not adversely affect the public health, safety or
welfare.

2. Exceptions

Exceptions may be allowed provided that proposals satisfy all of the following
conditions:

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

b. The proposed project shall support economic based activities/ provide


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

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

c. The exception will not adversely affect the appropriate use of adjoining
properties in the same zone such as generating excessive vehicular traffic,
causing overcrowding of people or generating excessive noise and the like.

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

f. For applications with SAFDZs, the land area of the property in consideration
shall not cause the municipality to exceed the allowable five percent
conversion limit as stipulated in the AFMA.

Section 47. Procedures for Granting Exceptions, Variances and Special Use Permits.
The procedure for the granting of exception, variance or special use permit is as
follows:

1. A written application for an exception or variance or special use permit shall


be filed with the Local Zoning Board of Adjustment and Appeals (LZBAA)
citing the section of the PZO under which the same is sought and stating the
ground/s thereof.

2. Upon filing of application, a visible project sign, (indicating the name and
nature of the proposed project) shall be posted at the project site. This sign
shall be maintained until the LZBAA has rendered a decision on the
application.

3. The LZBAA shall conduct preliminary studies on the application.

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


properties immediately in front and at the adjacent sides of the project site
shall be filed by the applicant with the LZBAA at least 15 days prior to the
decision for exception/variance.

5. In case of objection from adjacent property owners or any interested party,


the LZBAA shall hold public hearing.

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


agent/s. All interested parties shall be accorded the opportunity to be heard
and present evidences and testimonies.

7. The LZBAA shall render a decision within 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 IX
ADMINISTRATION AND ENFORCEMENT

Section 48. Locational Clearance. All land owners/developers shall secure Locational
Clearance from the Zoning Administrator or, in case of variances, exemptions
and special uses, from the LZBAA prior to conducting any activity or
construction on their property/land.

Section 49. Building Permit. The Local Building Official shall not issue a Building Permit
without a valid Locational Clearance issued in accordance with the PZO.

Section 50. Business Permit. The Business and Licensing Division shall not issue a
Business Permit unless a valid Locational Clearance and Occupancy Permit have
been issued.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Section 51. Non-User of Locational Clearance. Upon issuance of a Locational Clearance,


the grantee thereof shall have one year within which to commence or undertake
the use, activity or development covered by such clearance on his/her property.

Non-use of said clearance within the said period shall result in its automatic
cancellation and the grantee shall not proceed with his/her project without
applying for a new Locational Clearance.

Section 52. Issuance of Zoning Classification. An applicant may request from the Office of
the Zoning Administrator the status of their land/property in relation to the PZO.
Such document shall not be used as a Locational Clearance but as reference
only for planning and may be amended by the Local Zoning Review Committee
without any prior notice from the owner or applicant as the need arises based on
the reasons/situations stated herein.

Section 53. Notice of Non-Conformance. Within 60 days from the effectivity of this
Ordinance, the Zoning Administrator shall inventory all lands and issue Notices of
Non-Conformance to owners of existing non-conforming uses.

Section 54. Existing Non-Conforming Uses and Buildings. The lawful uses of any
building, structure or land at the time of adoption or amendment of the PZO may
be continued, although such uses do not conform with the provision of the PZO,
provided:

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


greater area of land than that already occupied by such use at the time of the
adoption of the PZO or moved in whole or in part, to any other portion of the
lot or parcel or land where such non-conforming use exists at the time of the
adoption of the PZO;
2. That no such non-conforming use which has ceased operation for more than
one year be again revived as non-conforming use;
3. An idle/vacant structure may not be used for non-conforming activity;
4. That any non-conforming structure, or structures under one ownership which
has been damaged maybe reconstructed and used as before provided that
such reconstruction is not more than fifty percent (50%) of the replacement
cost;
5. That should such non-conforming portion of structure be destroyed by any
means to an extent of more than fifty percent (50%) of its replacement cost at
the time of destruction, it shall not be reconstructed except in conformity with
the provisions of the PZO;
6. That no such non-conforming use maybe moved to displace any conforming
use;
7. That no such non-conforming structure may be enlarged or altered in a way
which increases its non-conformity, but any structure or portion thereof may
be altered to decrease its non-conformity; and
8. That should such structure be moved for any reason to whatever distance, it
shall thereafter conform to the regulation of the district in which it is moved or
relocated.
9. All existing non-conforming uses shall continue provided that they will not
adversely affect the public health, safety and welfare or will not emit/produce
materials/elements that will contaminate/pollute the environment; and
provided further that are in keeping with the general pattern of the
development of the community.

Section 55. Responsibility for Administration and Enforcement. The PZO shall be
enforced and administered by the Local Chief Executive through the Zoning
Administrator who shall be appointed by the former in accordance with existing
rules and regulations on the subject.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Section 56. Powers and Functions of a Zoning Administrator. Pursuant to the provisions
of EO 72 implementing RA 7160 in relation to Sec. 5, Paragraph a and d, and
Section 7 of Executive Order No. 648 dated 07 February 1981, the Zoning
Administrator shall perform the following functions, duties and responsibilities:

1. Enforcement

a. Act on all applications for Locational Clearances for all projects.

 Issuance of Locational Clearance for projects conforming to the


regulations of the PZO.
 Recommend to the Local Zoning Board of Adjustment and Appeals
(LZBAA) the grant or denial of applications for variances, exceptions and
special uses 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.

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 in violation of the provisions of the PZO and if
necessary, pursuant to Section 3 of Executive Order No. 71 refer subsequent
actions thereon to the HLURB.

c. Call and co-ordinate with the Philippine National Police for enforcement of all
orders and processes issued in the implementation of this Ordinance.

d. Co-ordinate with the Municipal Fiscal/Municipal Legal Officer for other legal
actions/remedies relative to the foregoing.

2. Planning

a. Co-ordinate with the Regional Office of the HLURB regarding proposed


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

Section 57. Action on Complaints and Oppositions. A complaint for violation of any
provisions of the PZO or any clearance or permits issued pursuant thereto shall
be filed with the LZBAA. Further, oppositions to application/s for Locational
Clearance, Variance or Exception shall be treated as a complaint and dealt with
in accordance with the provisions of this section.

Section 58. Functions and Responsibilities of the Local Zoning Board of


Adjustments and Appeals. There is hereby created a LZBAA which shall
perform the following functions and responsibilities:

1. Act on applications of the following nature:

a. Variances
b. Exceptions
c. Special Uses
d. Non-Conforming Uses
e. Complaints and oppositions to application/s

2. Act on appeals on Grant or Denial of Locational Clearance by the Zoning


Administrator.

Decisions of the LZBAA shall be appealable to the HLURB.

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Section 59. Composition of the Local Zoning Board of Adjustment and Appeals
(LZBAA). The Municipality Development Council shall create a sub-committee
that shall act as the LZBAA, composed of the following members:

1. Municipal Mayor as Chairman;


2. Municipal Legal Officer;

3. Municipal Assessor;
4. Municipal Engineer;
5. Municipal Planning and Development Co-ordinator (if other than the Zoning
Administrator;
6. Two representatives of the private sector nominated by their respective
organizations and confirmed by the Municipality or municipal mayor. In the
event of non-availability of any of the officials enumerated above, the
Sangguniang Bayan shall elect the number of its members as may be
necessary to meet the total number above set forth, as representatives; and
7. Two representatives from non-government organizations nominated by their
respective organizations and confirmed by the Municipality mayor. In the
event of non-availability of any of the officials enumerated above, the
Sangguniang Bayan 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 co-ordination, the LZBAA shall be attached to the


Municipal Development Council.

Section 60. Review of the Zoning Ordinance. The Municipal Development Council shall
create a sub-committee, the Local Zoning Review Committee (LZRC) that shall
review the PZO considering the CLUP, and as the need arises, based on the
following reasons/situations:

1. Change in local development plans;


2. Introduction of projects of national significance;
3. Petition for rezoning; and
4. Other reasons which are appropriate for consideration.

Section 61. Composition of the Local Zoning Review Committee (LZRC). The Local
Zoning Review Committee shall be composed of sectoral experts.

These are the Local Officials/Civic Leaders responsible for the operation,
development and progress of all sectoral undertakings in the locality, e.g.:
1. Municipal Planning and Development Co-ordinator
2. Municipal Health Officer
3. Municipal Agriculturist
4. President, Association of Barangay Captains
5. Municipality Engineer
6. Community Environment and Natural Resources Officer (CENRO)
7. Municipal Agrarian Reform Officer (MARO)
8. District School Supervisor
9. Three Private Sector Representatives (Local Chamber of Commerce,
Housing Industry and Homeowner’s Association)
10. Two NGO Representatives
For purposes of policy and program co-ordination, the LZRC shall be
attached to the Municipal Development Council.

Section 62. Functions of the Local Zoning Review Committee. The Local Zoning
Review Committee shall have the following powers and functions:

1. Review the PZO for the following purposes:

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Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

a. Determine amendments or revisions necessary in the PZO because of


changes that might have been introduced in the CLUP;
b. Determine changes to be introduced in the CLUP in the light of permits
given, and exceptions and variances granted; and
c. Identify provisions of the PZO that are difficult to enforce or are
unworkable.

2. Recommend to the Sangguniang Bayan necessary legislative amendments


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

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

Section 63. Amendments to the PZO. Changes in the PZO, as a result of the review by the
Local Zoning Review Committee shall be treated as an amendment, provided that
any proposed amendment to the PZO or provisions thereof shall be subject to
public hearing and review and evaluation of the Local Zoning Review Committee.

As a minimum, any proposal to amend the Zoning Ordinance shall include a


submission to, and for the evaluation of, the Local Zoning Review Committee of
sufficient evidence and justification: that the proposal is consistent with the
development goals, objectives, and strategies of the Comprehensive Land Use
Plan; the traffic, utility (water, power, sewerage, waste disposal, etc.),
environmental and other impacts of the proposal are acceptable; and the
proposal took into account consultations with affected neighborhood,
homeowners’ or community associations.

Approval of any proposed amendment shall require a three-fourths vote of


approval by the Sangguniang Bayan and shall take effect upon the approval of
the Sangguniang Panlalawigan.

Section 64. Violation and Penalty. Any person who violates any of the provisions of this
Ordinance, shall, upon conviction, be punished by a fine not exceeding P2,
500.00 or an imprisonment for a period not exceeding six months or a closure
order, in case of business establishments, or a combination of these 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 65. Suppletory Effect of Other Laws and Decrees. The provisions of the PZO
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 land use decisions of the national agencies concerned shall
be consistent with the CLUP.

Section 66. Separability Clause. Should any section or provision of the PZO be declared by
the Court to be unconstitutional or invalid, such decision shall not affect the
validity of the PZO as a whole or any part thereof other than the part so declared
to be unconstitutional or invalid.

Section 67. Repealing Clause. All ordinances, rules or regulations in conflict with the
provisions of the PZO are hereby repealed, provided that the rights that are
vested upon the effectivity of the PZO shall not be impaired.

Section 68. Effectivity Clause. This Ordinance takes effect upon approval by the
Sangguniang Panlalawigan.

74
Zoning Ordinance of the
Municipality of Pinamalayan, Oriental Mindoro

Adopted this _______ day of _____, 2002 at Pinamalayan, Oriental Mindoro.

HON. ROMULO M. JAMILLA HON. RODOLFO A. SARIO, JR.


Member Member

HON.N. VICENTE C. CASTILLO HON. CORAZON PABREAG-AGARAP


Member Member

HON. QUINTIN S. MARAMOT, JR. HON.MARCELITO N. MAPACPAC


Member Member

HON. VIRGILIO C. YUMANG HON. ARNEL G. ABRENICA


Member Member

HON. SEVERINO J. NARITO HON. DUNHILL MARCELO M. DELMO V


ABC President, Member SK President, Member

Attested:

CELSO M. JAMIG, JR.


Secretary to the Sanggunian

Certified Correct:

HON. ROBERTO A. MORENTE


Vice Mayor, Presiding Officer

Approved:

HON. WILFREDO L. HERNANDEZ, SR.


Municipal Mayor

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