Zoning Ordinance
Zoning Ordinance
Municipality of SILANG
Province of CAVITE
Comprehensive Land Use Plan (2013-2022)
ZONING ORDINANCE
Silang, Cavite
INTRODUCTION
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Excerpts from the Minutes of the 41 ST Regular Session of the Sangguniang Bayan, held on
the 1ST day of December, 2014, at the Sangguniang Bayan Session Hall.
Present:
Hon. Rosalie B. Loyola - Vice Mayor & Presiding Officer
Hon. Aidel Paul G. Belamide - Sangguniang Bayan Member
Hon. Ferdinand C. Amutan - Sangguniang Bayan Member
Hon. Luis V. Batingal, Jr. - Sangguniang Bayan Member
Hon. Nestor V. Patawe - Sangguniang Bayan Member
Hon. Alfredo L. Toledo - Sangguniang Bayan Member
Hon. Ronilo A. Doneza - Sangguniang Bayan Member
Hon. Luciano P. De Jesus, Jr. - Sangguniang Bayan Member
Hon. Francisco Paolo P. Crisostomo - ABC President
Excused:
Hon. Allan A. Tolentino - Sangguniang Bayan Member
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WHEREAS, the Municipality of Silang should continue to update its policies and
regulations to be attuned to current local situations and needs and the changing times, in order
to remain competitive and continue its unprecedented growth and development;
WHEREAS, towards this end, The Comprehensive Land Use Plan (2013 – 2022) was
adopted through Resolution No. PL-057, Series of 2014, and this will be enforced through the
enactment of regulatory measures to translate the planning goals and objectives into reality;
WHEREAS, the Housing and Land Use Regulatory Board (HLURB) has spearheaded
and now assists in and coordinates the activities of local governments in the revision of the
Comprehensive Land Use Plan;
WHEREAS, Section 1(a) of E.O. No. 72 provides that the local government units
shall continue to formulate and update their respective Land Use Plans, in conformity with the
land use planning and zoning standards and guidelines prescribed by the Housing and Land
Use Regulatory Board (HLURB) and other policies;
NOW THEREFORE
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ARTICLE I
TITLE OF THE ORDINANCE
ARTICLE II
AUTHORITY AND PURPOSE
Section 2. Authority. This Ordinance is enacted pursuant to the provisions of the New
Local Government Code, R.A. 7160 Section 458 a.2 (7-9) and
447 a.2 (7-9) dated 10 October 1991, "Authorizing the Municipality through the Sangguniang Bayan
to adopt a Zoning Ordinance subject to the provisions of existing laws such as PD 705 Forestry
Code, PD 1067 Water Code, PD 1096 National Building Code and Executive Order No. 72, RA
9275 Clean Water Act and mainstreaming of CCA /DRR pursuant to RA 9729 and RA 10121.
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1. This Ordinance reflects the municipality’s vision: ““A God- fearing, nature-
loving and law-abiding citizenry, living in a progressive, healthy and
empowered community governed by leadership with integrity,
adaptive to change with strong political will to ensure sustainable
and stable ecologically balanced environment towards the
development of equitable agriculturally-
based economy to become globally competitive.”
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ARTICLE III
DEFINITION OF TERMS
The definition of technical terms used in the Zoning Ordinance shall carry the same meaning
given to them in already approved codes and regulations, such as but not limited to the
National Building Code, Water Code, F i r e C o d e , F o r e s t r y C o d e , Philippine
Environmental Code and other Implementing Rules and Regulations, promulgated by the
HLURB. The words, terms and phrases enumerated hereunder shall be understood to have the
meaning corresponding indicated as follows:
Absolute Majority Vote - means that the “in favor” votes represent more than 50
percent of the valid votes. This is also called the 50% + 1 vote.
Accessory Use – pertains to those that are customarily associated with the Principal
Use application (such as a garage is accessory to a house).
Actual Use – refers to the purpose for which the property is principally or
predominantly utilized by the person in possession of the property. May also refer to
usage apart from Zone classification (such as a residential zone used as a commercial
zone)
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.
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Agricultural Land – per RA 6657, refers to land devoted to agricultural activity and
not classified as mineral, forest, residential, commercial, or industrial land.
Agricultural Zone (AZ) - an area within the municipality intended for cultivation,
and pastoral activities e.g., farming, cultivation of crops, goat/cattle raising, etc.
Base Zones – refers to the primary zoning classification of areas within the
Municipality and that are provided with a list of allowable and conditional uses, as
applicable.
Buffer Area/Greenbelt Zones - these are yards, parks or open spaces intended to
separate incompatible elements or uses to control pollution/nuisance and for
identifying and defining development areas or zones where no permanent structures
are allowed.
Building Height Limit (BHL) – per the National Building Code, this is the
maximum height allowed for structures or buildings as specified in the conditions of
this Ordinance.
Cemetery Zone – an area in the Municipality intended for the interment of the dead,
both public and private.
Central Business District (CBD) - the CBD is the commercial and business center
of the Municipality with the supportive residential, institutional, tourism, and parks
and recreational types of activities. The area includes the present Urban barangays
as central business district (CBD) and its immediately outlying areas characterized
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by high intensity land utilization. The district shall have a highly compact yet user-
friendly atmosphere.
Commercial 1 (C-1) Zone – a low density commercial area within the Municipality
of Silang intended for neighborhood or community scale trade, service and business
activities.
Commercial Garage – a garage where automobiles and other motor vehicles are
housed, cared for, equipped, repaired or kept for remuneration, for hire or sale.
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Deed Restrictions – written agreements that place limitations on the use of property
in order to maintain the intended character of a neighborhood, applicable to
residential, commercial and industrial subdivisions.
Dominant Use - the principal use classification in mixed-use
developments.
Easement - open space imposed on any land use/activities sited along waterways,
fault lines, road rights-of-way, cemeteries/memorial parks and utilities.
Established Grade – the finish ground level of a proposed development which shall
be determined according to the provisions of the latest edition of the National
Building Code.
Ecotourism – a form of sustainable tourism within a natural and cultural heritage area
where community participation, protection and management of natural resources,
culture and indigenous knowledge and practices, environmental education and ethics,
as well as economic benefits are fostered and pursued for the enrichment of host
communities and the satisfaction of visitors.
Exception - a device which grants a property owner relief from certain provisions of
a Zoning Ordinance where because of the specific use would result in a
particular hardship upon the owner, as distinguished from a mere inconvenience
or a desire to make more money.
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Fault Overlay Zone (FLT-OZ) – areas in the municipality that have been identified
as susceptible to fault movement. These areas are marked as 5 meter strips on both
sides of and running along identified earthquake faults.
Floor Area Ratio (FAR) - is the ratio between the Gross Floor Area of a building
and the area of the lot on which it stands. Determined by dividing the Gross Floor
Area of the building and the area of the lot. The Gross Floor Area of any building
should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area.
The FAR of any zone should be based on its capacity to support development in
terms of the absolute level of density that the transportation and other utility
networks can support.
Forest Zone (FZ) - an area within the municipality intended primarily for forest
purposes.
Forest Reserve – refers to forest lands which have been reserved by the President of
the Philippines for any specific purpose or purposes.
Forestry Code – refers to PD 705 or the Revised Forestry Code of the Philippines,
as amended.
General Commercial Zone (GCZ) – refers to an area within the municipality that is
intended for low to medium density commercial activities such as trade, service, and
business activities such as public markets, retail stores, eateries and performing
complementary/supplementary functions to the CBD. The said Zone shall be further
classified as C-1 (for sari-sari stores), C-2 (wet and dry market) and C-3 (Shopping
Malls and Commercial Complexes)
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General Zoning Map - a duly authenticated map delineating the different zones in
which the whole municipality is divided.
Growth Management Zone – the zone shall predominant be residential area (R-1,
R-2 and R-5) with the supportive commercial, institutional, and recreational uses
located outside of urban areas.
Gross Floor Area (GFA) – the GFA of a building is the total floor space within the
perimeter of the permanent external building walls, occupied by:
1. Office areas
2. Residential areas
3. Corridors
4. Lobbies
5. Mezzanine
6. Vertical penetrations, which shall mean stairs, fire escapes, elevator shafts,
flues, pipe shafts, vertical ducts, and the like, and their enclosing walls
7. Rest rooms or toilets
But excluding:
12. Covered areas used for parking and driveways, including vertical
penetrations in parking floors where no residential or office units are
present
13. Uncovered areas for AC cooling towers, overhead water tanks, roof decks,
laundry areas and cages, wading or swimming pools, whirlpools or jacuzzis,
gardens, courts or plazas.
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Impervious Surface – type of man-made surface which does not permit the
penetration of water.
Industrial 1 (I-1) Zone – an area within cities or municipalities intended for light
manufacturing or production industries that are:
b. non-pollutive/ hazardous
Industrial 2 (I-2) Zone – an area within cities or municipalities intended for medium
intensity manufacturing or production industries that are:
b. pollutive/ hazardous
Institutional Zone (INZ) – an area within the municipality intended principally for
general types of institutional establishments, e.g. government centers/offices,
schools, churches, hospitals/clinics, academic/research and convention centers.
Such projects maybe allowed to locate in GMZ and CBD.
Landslide Overlay Zone (LSD-OZ) – an area in cities/ municipalities that have been
identified as highly susceptible to landslides and where specific regulations are
provided in order to minimize its potential negative effect to developments.
Land Use Intensity Controls (LUIC) - refers to controls on open spaces (PLO),
building bulk (FAR) and building height (BHL). The LUIC is imposed to
control, among others, traffic generation, requirements on utilities, over-building,
over-crowding, visual access and to attain the desired district character. The LUIC is
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Local Zoning Board of Appeals (LZBA) – a local special body created by virtue of
this Ordinance mandated to, among others, handle applications for Variances and
Exceptions and appeals from decisions made by the Zoning Administrator.
Local Zoning Review Committee - a local special body created by virtue of this
Ordinance mandated to, among others, to review the zoning ordinance due to
increasing number of petitions for re-zoning/re-classification and
applications/issuances invoking Variances and Exceptions.
Military and Naval Reservation – refers to land of the public domain which has
been proclaimed by the President of the Philippines for military such as Airbase,
Campsite, Docks and Harbors, Firing Ranges, Naval Base, Target Range, Wharves,
etc. (NSCB). PNPA located at Brgy. Tartaria
New Town – a planned urban community that combines residential, commercial, and
recreational areas.
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Official Zoning Map – a duly authenticated map delineating the different zones into
which the Municipality is divided.
Overlay Zones – a “transparent zone” that is overlain on top of the Basic Zone or
another Overly Zone that provides and additional set (or layer) of regulations.
Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements and
for the maintenance of ecological balance in the community.
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:
c. National monuments;
d. Wildlife sanctuary;
Rain-fed Agricultural Zone-an area within the Agricultural Zone of Silang that is
neither irrigated nor irrigable.
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Residential 5 (R-5) Zone – an area within cities or municipalities intended for very
high density residential use. Per the National Building Code, R-5 Zone is
characterized mainly by medium-rise or high-rise condominium buildings for
exclusive use as multiple family dwellings.
Setback - the open space left between the building and lot lines.
Socialized Housing – in accordance with the UDHA, this refers to housing [programs
and] projects covering houses and lots or home lots only undertaken by the
Government or the private sector for the underprivileged and homeless citizens.
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Tourism Zone - are sites within the municipality endowed with naturals or
manmade physical attributes and resources that are conducive to recreation, leisure
and other wholesome activities.
Urban Core Zone (UCZ) - the UCZ is the commercial and business center of
the Municipality with the supportive residential, institutional, tourism, and parks and
recreational types of activities. The Core includes the present central business district
(CBD) and its immediately outlying areas characterized by high intensity land
utilization. The district shall have a highly compact yet user-friendly atmosphere.
Urban Expansion Zone (UEZ) - the UEZ is areas, which provide the “support” services
to the UCZ. The dominant land use is also commercial but land use intensities are rated lower
than that of the UCZ. Large scale, sprawling mixed-use developments (e.g. shopping
malls, recreational centers, etc.) are encouraged in this area. Further, the UEZ allows
quasi- commercial/industrial types of activity such as lumber/hardware, repair shops,
junk shops and the like. The over-all zone character shall be that of a low-intensity
development area. Ample ground open spaces are also required for developments
within this area.
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Urban Zoning Map - a duly authenticated map delineating the different zones into
which the urban area and its expansion area are divided.
Water Zone (WZ) - are bodies of water within the municipality that include rivers,
and springs except those included in other zone classification.
Yard – as defined in the National Building Code, this is “the required open space left
between the outermost face of the building/structure and the property lines, e.g. front,
rear, right, and left side yards. The width of the yard is the setback.”
Zone/District - an area within the municipality intended for specific land use as
defined by manmade or natural boundaries.
Zoning Map – a duly authenticated map delineating the different zones to which the
whole city/ municipality is divided into.
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ARTICLE IV
ZONE CLASSIFICATIONS
Section 5. Division into Zones or Districts. The Municipality of Silang is divided into the
following zones:
Section 7. Zone Boundaries. The location and boundaries of the zones are identified
below:
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Bounded on the North by the City of Sta. Rosa and Municipality of Carmona
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This area covers the stretch and both sides of Aguinaldo Highway from Barangay
Tubuan II to Tagaytay City and the entire length of Sta. Rosa-Tagaytay Road from
Sta. Rosa City to Tagaytay City with a depth of 150 meters reckoned from the edge of
the road right of way with a total area of 718.39 has..
All existing commercial establishments indicated in the Existing Land Use Map and
future expansion.
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All areas presently occupied by existing schools (for all levels including adjacent
expansion areas);
An area within Barangay Sabutan for the proposed Public Tertiary School
An area presently occupied by the Philippine National Police Academy (PNPA)
All areas presently occupied by existing Municipal Hall, Barangay Halls, Day
Care Centers, Health Centers, Police/Fire Stations including expansions if
there is any
All existing institutional zone (blue) indicated in the existing Land Use Map
Whole of Barangay Buho except the commercial zone along Aguinaldo Highway
Whole of Barangay Bucal
Whole of Barangay Malabag
Portion of Barangay Pasong Langka except the commercial zone along Sta. Rosa
– Tagaytay Road
Whole of Barangay Ulat
Whole of Barangay Toledo
Portion of Barangay Pulong Bunga
Bounded on the North and East by the ZAFDZ and Agricultural areas
Bounded on the South by Tagaytay City
Bounded on the West by the Municipality of Amadeo
The area presently occupied by Riviera Golf and Country Club including future
expansion as follows:
All areas presently occupied by existing resorts theme parks, hotels and other
tourism oriented projects including and expansion if necessary
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All major bodies of water which include the rivers Malaking Ilog, Munting
Ilog, Lucsuhin River, Malindig River, Tibagan, Pulo River, Semeca River,
Alkalde River, Maria River, Balubad River, Halang River, Putting
Kahoy River, Lumbia River, Langka River, Batas River, Lambingan River,
Benditahan, and river sub-basins namely, Biñan, Cañas, Ilang-Ilang, Imus,
San Cristobal, San Pedro, and Sta. Rosa.
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The following rules shall apply in the interpretation of the boundaries indicated on the
Official Zoning Map:
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.
Where zone boundaries are so indicated that they approximately follow the lot lines,
such lot lines shall be construed to be the boundaries.
Where zone boundaries are so indicated that they are approximately parallel to the
center lines or right-of-way lines of streets and highways, such zone boundaries shall
be construed as being parallel thereto and at such distance there from as indicated in
the zoning map. If no distance is given, such dimension shall be determined by the
use of the scale shown in said zoning map.
Where the boundary of a zone follows approximately a railroad line, such boundary
shall be deemed to be the railroad right-of-way.
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.
Where a lot of one ownership, as of record the effective date of this Ordinance, is
divided by a zone boundary line, the lot shall be construed to be within the zone
where the major portion of the lot is located. In case the lot is bisected by the
boundary line, it shall fall in the zone where the principal structure falls.
Where zone boundary is indicated as one-lot deep, said depth shall be construed to be
the average depth of lots involved within each particular city/ municipal block.
Where, however, any lot has a depth greater than said average, the remaining portion
of said lot shall be construed as covered by the one-lot deep zoning district provided
the remaining portion has an area of less than fifty percent (50%) or more of the total
area of the lot then the average lot depth shall apply to the lot which shall become a
lot divided and covered by two or more different zoning districts, as the case may be.
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In case of any remaining doubt as to the location of any property along zone boundary
lines, such property shall be considered as falling within the less restrictive zone.
(For LGUs that use lot parcel data in delineating zone boundaries, one-lot deep
should mean the boundaries of concerned properties at the time of the passage of the
Ordinance.)
The textual description of the property in consideration shall prevail over that of the
Official Zoning Maps.
ARTICLE V
ZONE REGULATIONS
Section 9. General Provision. The uses enumerated in the succeeding sections are
neither exhaustive nor all-inclusive. The Local Zoning Board of Appeals,
subject to the requirements of this Article, allow other uses not enumerated
hereunder provided that they are compatible with the uses expressly allowed.
Allowance of further uses shall be based on the intrinsic qualities of the land
and the socio- economic potential of the locality with due regard to the
maintenance of the essential qualities of the zone.
Section 10. Use Regulations in the Central Business District /Metro Silang:
A. Allowed Uses:
a. department store
b. bookstore and office supply shop
c. home appliance store
d. car shop
e. photo shop
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f. flower shop
a. beauty parlor
b. barber shop
c. sauna bath and massage clinic
d. dressmaking and tailoring shops
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38. Recreational facilities for the exclusive use of the members of the
family residing within the premises, such as:
a. Swimming pool
b. Pelota court
c. Others
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a. The Floor Area Ratio (FAR) shall be 3.0 and the PLO shall be
60% or as prescribe by the National Building Code
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2. Parking
e. Open a n d u n l a n d s c a p e d p a r k i n g l o t s a r e
discouraged. Should open-lot parking be provided, these
shall be so landscaped to have a park-like character.
3. Open Spaces
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4. Landscaping
5. Fencing
a. Fencing, especially along roads, shall be transparent from
the base (wrought iron, galvanized iron and similar
materials) and shall have a maximum height of 1.80
meters from the sidewalk level. Fence base made of
concrete, hollow blocks, rock or any material shall have a
height of no greater than 0.40 meters from the sidewalk
level. Side fencing between adjacent properties shall have
a maximum height of 2.40 meters from the sidewalk
level and may be of concrete, hollow blocks or
similar materials.
6. Skywalks
7. Abutments
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8. Traffic Generators
A. Allowable Uses
5. Home occupation for the practice of one’s profession such as offices of physicians,
surgeons, dentists, architects, engineers, lawyers, and other professionals or for
engaging home business such as dressmaking, tailoring, baking, running a sari-sari
store and the like, provided that:
a. The number of persons engaged in such business/industry shall not exceed five
(5), inclusive of owner;
b. There shall be no change in the outside appearance of the building premises;
c. That in no case shall more than 20% of the building be used for said home
occupation;
d. No home occupation shall be conducted in any customary accessory uses cited
above;
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a. Such home industry shall not occupy more than thirty percent (30%) of the
floor area of the dwelling unit. There shall be no change or alteration in the
outside appearance of the dwelling unit and shall not be a hazard or nuisance;
b. It shall be classified as non-pollutive/ non-hazardous as provided in this
integrated ZO;
c. Allotted capitalization shall not exceed the capitalization as set by the DTI;
and
d. Such shall consider the provisions pertaining to customary accessory uses,
traffic and equipment/ process under Home Occupation of this section.
7. Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
a. Swimming pool
b. Tennis courts
c. Basketball courts
8. Religious use
9. Multi-purpose/ Barangay hall
10. Pre-school
11. Sports club
12. Clinic, nursing and convalescing home, health center
13. Plant nursery
14. Apartments
15. Boarding houses
16. Dormitories
17. Museums and libraries
18. Elementary School
19. High School and College or Tertiary School
20. Residential and Commercial Condominiums classified as R-5
21. All uses classified as C-1,C-2 and C-3 except for Chicharon making and Lechon
roasting
22. Eco-Tourism project
23. General and Special Institutional Uses like Military Camp, Retreat House and
Reformatory Centers, Government Offices, Hospitals, Research and Convention
Centers
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24. All other uses supportive/complementary to the mixed residential and commercial
character of the zone.
25. Hotel and Restaurant
26. All other activities allowed under General Commercial Zone
27. All other uses allowed in GMZ-I of the model Zoning Ordinance except R-3 and
R-4
B. Zone Regulations
1. Bulk and Density
a. Density: 20 dwelling units and below per hectare for R-1 and 21 to 65
dwelling units per hectare for R-2
2. Parking
c. Parking spaces shall have distinct entry and exit points and shall, to the
extent possible, be buffered from t h e s i d e w a l k by visual
b a r r i e r s s u c h a s planting strips.
a. The requirements on PLO are geared to create ample ground open spaces
which should be landscaped and, for developments catering to the public, be
made accessible to pedestrians. Aside from providing ample green areas, the
provision of adequate ground open spaces in each property can increase
valuable street-level frontages for public- oriented establishments.
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4. Landscaping
5. Fencing
a. Fencing, especially along roads, shall be transparent from the base (wrought
iron, galvanized iron and similar materials) and shall have a maximum
height of 1.80 meters from the sidewalk level. Fence base made of concrete,
hollow blocks, rock or any material shall have a height of no greater than
0.40 meters from the sidewalk level. Side fencing between adjacent
properties shall have a maximum height of 2.40 meters from the sidewalk
level and may be of concrete, hollow blocks or similar materials.
c. Fences shall in no manner obstruct the flow of pedestrian traffic along the
sidewalk.
6. Skywalks
7. Abutments
8. Traffic Generators
9. Zone Prohibitions
a. Department store
b. Bookstore and office supply shop
c. Home appliance store
d. Car shop
e. Photo shop
f. Flower shop
3. Food market and shops like:
c. Grocery
d. Supermarket
4. Personal service shops like:
a. Beauty parlor
b. Barber shop
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d. Driving school
e. Speech clinics
8. Storerooms but only as be necessary for the efficient conduct of the business
9. Commercial condominium (with residential units in upper floors)
f. Apartment
g. Apartel
h. Boarding house
i. Dormitory
j. Pension house
k. Club house
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Per relevant provisions of the National Bldg Code and subject to national
locational guidelines and standards of concerned agencies.
a. The Floor Area Ratio (FAR) shall be five (5) and the PLO
shall be 60%.or as prescribed in the Building
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2. Parking
c. Parking spaces shall have distinct entry and exit points and shall,
to the extent possible, be buffered from the sidewalk by visual
barriers such as planting strips.
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3. Open Spaces
1. Landscaping
5. Fencing
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7. Abutments
Allowable Uses
15. Parks, playgrounds, pocket parks, parkways, promenades and play lots
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Allowable Uses
1. Welfare home, orphanages, boys and girls town, homes for the aged and
the like
Allowable Uses
9. Sports Arena/Coliseum
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Allowable Uses
1. Memorial Parks
2. Cemetery
3. Columbarium
4. Crematorium
A. Allowable Uses
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2. Parking
a. Parking requirements shall be per minimum
standards of the National Building Code and Batas
Pambansa Blg. 344, the Accessibility Law.
3. Open Spaces
4. Landscaping
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5. Fencing
6. Skywalks
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Objective
Allowable Uses
In addition to those uses that may be allowed in the Base Zone, the following
are uses and activities that may be allowed in the Tourism Overlay Zone:
1. Accommodation facilities
2. Boardwalks
3. Dining facilities
4. Tourism-oriented retail shops (e.g. souvenirs, clothes, etc.)
3. The maximum building footprint shall be 40% of the total lot area.
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6. Only picket fences made of wood or bamboo and with heights no greater
than 600mm shall be allowed.
7. The use of firewalls along property lines shall not be allowed.
Objective
The HTG-OZ is applied in areas with houses of ancestry. to preserve
existing historic structures; and to harmonize the design and construction
of new ones with the design of these historic structures.
Allowable Uses
1. Single-detached residential
2. Museum
For new construction, Allowable Uses shall be as provided in the base R-1 Zones
or as prescribed by the Tourism Council of Silang
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The following regulations supersede those provided in the base R-1 zone:
1. The height and floor area of the existing building shall not be altered.
BHL: 10.00 meters (which is the reference elevation based on the roof apex height of the
Church
2. The size and appearance of business and other signs shall be made to
blend with the period design of the house.
1. Drying fish
2. Biscuit factory-manufacture of biscuits, cookies,
crackers and other similar dried bakery products
3. Doughnut and hopia factory
4. Manufacture of macaroni, spaghetti and vermicelli and
other noodles
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Pollutive/Hazardous Industries:
1. Flour mill
2. Cassava flour mill
3. Manufacturing of coffee
4. Manufacturing of unprepared animal feeds, other grain
milling n.e.c.
5. Production prepared feeds for animals
6. Cigar and Cigarette factory
7. Curing and redrying tobacco leaves
8. Miscellaneous processing tobacco leaves, n.e.c.
9. Weaving hemp textile
10. Jute spinning and weaving
11. Miscellaneous spinning and weaving mills, n.e.c.
12. Hosiery mill
13. Underwear and outwear knitting mills
14. Fabric knitting mills
15. Miscellaneous knitting mills n.e.c.
16. Manufacture of mats and matting
17. Manufacture of carpets and rugs
18. Manufacture of cordage, rope and twine
19. Manufacture of related products from abaca, sisal,
henequen, hemp, cotton, paper,
20. Manufacture of linoleum and other surfaced
coverings
21. Manufacture of artificial leather, oil cloth and other
fabrics except rubberized
22. Manufacture of coir
23. Manufacture of miscellaneous textile, n.e.c.
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B. Zone Regulations
2. Proper and strict Industrial waste handling and disposal system shall
be observed and complied with including the construction of waste
water treatment plant to protect the integrity of river system of the
municipality in compliance with Ylang-Ylang Rio Grande Rivers
Water Quality Management Area (IYRR-WQMA).
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A. Allowable Uses:
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shall be met off the street in a place other than the required
front yard;
a. Such home industry shall not occupy more than thirty (30%)
of floor area of the dwelling unit. There shall be no
change or alteration in the outside appearance of the
dwelling unit and shall not be a hazard or nuisance;
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B. Zone Regulations
A. Allowable Uses:
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1. Existing settlements
2. Traditional and/or sustainable land use including
agriculture, agro-forestry and other income-generating or
livelihood activities
3. Recreation, tourism, educational or environmental awareness
activities
4. Installation of national significance such as development of
renewable energy sources, telecommunication facilities and
electric power lines
1. The utilization of the water resources for domestic and industrial use
shall be allowed provided it is in consonance with the development
regulations of DENR, provisions of the water code, and the revised
forestry code of the Philippines, as amended, and provided further, that it is
subjected to an environmental impact assessment prior to the approval of its
use.
2. Other uses such as recreation, fishing and related activities, float age /
transportation and related activities shall also be allowed provided it is in
consonance with the provisions of the water code, and the revised forestry
code of the Philippines, as amended.
Provided, that within the five meter setback or easements along the entire
length of rivers and creeks (for Urban uses) shall be planted with trees or
provided with retaining wall prior to actual developments. Furthermore,
no dumping of wastes into these rivers and creeks to protect its integrity
against pollution in accordance with DENR Admin Order No. 2013-02 and
IYRR-WQMA.
Section 26 Use Regulations in Fault Overlay Zone (FLT-OZ) and Landslide Overlay
Zone (LDS-OZ)
Objectives
1. FLT-OZs are applied in areas defined by five (5)-meter wide strips on
both sides of the fault traversing along identified earthquake faults in
Barangays Inchican, Carmen and Putting Kahoy. The objective of
these regulations is to minimize the possible harmful effects of fault
movements to properties. Such five (5) meter easement is non-
buildable, but maybe developed planting strips or jogging path.
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Allowable Uses
Trees shall be planted within 5 meters on both sides of the identified fault line
to serve as delineation.
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2. Buildings and structures should be laid out and designed to harmonize with
the terrain to minimize earth moving activities
3. Appropriate slope, erosion and soil stabilization measures shall be applied,
either through hard or soft engineering measures
b. Munting Ilog
c. Hukay
d. Pooc II
e. Pasong Langka
f. Cabangaan
c. Biga II
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The Billboards Overlay Zone includes all lots fronting the National
Road.
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Design Regulations
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Allowable Uses
Allowable Uses
Parking Layouts
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Fencing
Similar incentives may also be given to projects that provide wider setbacks, increased
ground level open spaces, provides public infrastructure or conserve heritage sites.
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ARTICLE VI
GENERAL DISTRICT REGULATIONS
1. P.D. 957 -
“Subdivis on a nd C ondo min iu m Bu yer s’
Pr ot ect iv e La w” and its r evis ed imp lement ing
r ules a nd r egu lat ions.
2. B.P. 220 -
“Promulgation of Different Levels of Standards and
Technical Requirements for Economic and Socialized
Housing Projects” and its revised implementing rules
and regulations. Subject to geologic study of a licensed
Geologist to determine the soil stability of the area.
Furthermore, the 20% Socialized Housing Compliance
either by cost or by area of PD 957 and Economic
Housing projects shall be in accordance with HLURB
Guidelines as embodied in Republic Act No. 7279
otherwise known as the UDHA law.
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10. CA 141 or Public Land Act – public lands, including foreshore and
reclaimed lands;
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Cavite-Batangas
Road(Aguinaldo Sta. Rosa – Ulat-
Road setback Highway and J. P. Tagaytay Road and
Municipal/Brgy.
Zoning Rizal St.); Silang By- Sta. Rosa – Ulat-
Roads
Classification Pass Road(Aguinaldo Tagaytay Road
Highway) and (Dual Carriageway)
CALAX
Residential 10 m. 10 m. 5 m.
Commercial 20 m. 20 m. 7 m.
Industrial 30 m. 25 m. 10 m.
Agricultural 20 m. 20 m. 7 m.
Agro-Industrial 30 m. 25 m. 10 m.
Cavite-Batangas
Road(Aguinaldo Sta. Rosa – Ulat-
Road setback Highway and J. P. Tagaytay Road and
Municipal/Brgy.
Zoning Rizal St.); Silang By- Sta. Rosa – Ulat-
Roads
Classification Pass Road(Aguinaldo Tagaytay Road
Highway) and (Dual Carriageway)
CALAX
Institutional 20 m. 20 m. 10 m.
Parks & Recreation 10 m. 10 m. 5 m.
Forest 30 m. 25 m. 10 m.
1. Pursuant to the provisions of the Water Code, the following are the prescribed
easements for banks of rivers and streams, the shores of the seas and lakes
throughout their entire length:
1. 5 (Five) meters within the urban zones
2. Twenty (20) meters in agricultural zones
3. Forty (40) meters in forest zones.
Further, use of areas along its margins are subject to easement of public use in
the interest of recreation, navigation, floatage, fishing and salvage.
No person shall be allowed to stay in this zone longer than what is necessary for
space or recreation, navigation, floatage, fishing or salvage or to build structure of
any kind
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2..Pursuant to HLURB Standard and Guidelines for Memorial Parks and Cemeteries , burial
grounds shall be located 25 meters away from residential houses, food establishments, 50
meters away from water sources and markets, and 200 meters from abattoirs, schools, and
hospitals.
ARTICLE VII
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 exhaustive or all inclusive. The Local Zoning Board of
Appeals (LZBA) may require other standards, when deemed necessary, to ensure land
use and neighborhood compatibility.
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It is the intent of the Zoning Ordinance to protect the natural resources of the
Municipality. In order to achieve this objective, all developments 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
excessive and non-sustainable draw-out of groundwater shall not be
allowed to locate within the Municipality unless the proponent proves that
their water requirement will not be detrimental to the residents;
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, regarded, developed, piped, diverted or
built upon;
4. All developments shall limit the rate of storm water runoff by putting up of
water retarding basin so that the rate of runoff generated is no more than
that of the site in its natural condition;
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8. Developments such as poultry and piggery projects that generate toxic and
hazardous waste shall provide appropriate handling and treatment facilities
which should be in accordance with the requirements of and approved by
the DENR;
9. Floodplains shall not be altered, filled and/or built upon without proper
drainage design and without proper consideration of possible inundation
effects on nearby properties;
11. Facilities and operations that cause the emission of dust, dirt, fly ash,
smoke or any other air polluting material that may have harmful 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.
12. Industrial processes/ activities should not cause negative impacts to the
environment. The Zoning Administrator/ Zoning Officer may request for
descriptions of these as part of the requirements for Locational Clearance.
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2. 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 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.
3. 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 city government or to a duly organized
Homeowner’s Association with the prior written consent of the City/
Municipal government. These shall hereinafter be zoned as Parks and
Recreation Zones. No portion of these donated open spaces may thereafter be
converted to any other purpose or purposes.
4. Roof decks of all buildings shall be landscaped, as applicable.
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:
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All developments within the Residential and Industrial Subdivision 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, power and
water supply, and the like) are within the capacities of the system/s serving them.
Zoning incentives and disincentives may be applied pursuant to Section 31 and 32.
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 Assessment Studies. These should
be prepared, signed and sealed by duly licensed Civil Engineers, Sanitary
Engineers or Environmental Planners.
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ARTICLE VIII
INNOVATIVE TECHNIQUES
For projects that introduce flexibility and creativity in design or plan such
as but not limited to Planned Unit Development, or housing projects
covered by New Town Development under RA 7279, BLISS Commercial
Complexes, etc., the Zoning Officer shall on grounds of innovative
development techniques forward applications to HLRB for appropriate action,
unless the local government units concerned has the capacity to process the
same.
ARTICLE IX
MISCELLANEOUS PROVISIONS
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All P.D. 957 or Open Market Subdivision shall likewise conform with the
applicable provisions of Article 7 Performance Standard.
ARTICLE X
MITIGATING DEVICES
1. Variance
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mum
deviation necessary to permit reasonable
use of the property.
of this Ordinance.
2. Exceptions
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6. The LZBA shall render a decision within thirty (30) days from
the filing of the application, exclusive of the time spent for the
preparation of written affidavit of non-objection and the public
hearing in case of any objection to the granting of
exception/variance.
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ARTICLE XI
ADMINISTRATION AND ENFORCEMENT
The Zoning Administrator/Zoning Officer or the LZBA, as the case may be,
may seek the assistance of the HLURB or external consultants in the
evaluation of proposed Major and/or Innovative Projects such as seaports,
airports, oil depots, reclamation areas, shopping malls, special economic
zones, tourism enterprise zones, and the like.
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Within the CBD, a “No Parking Space No Locational Clearance and Building
Permit” policy for new construction shall be observed to avoid traffic
congestion.
The Business and Licensing Division shall require a Locational Clearance for
new developments.
Should there be any change in the activity or expansion of the area subject of
the Locational Clearance, the owner/developer shall apply for a new
Locational Clearance.
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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 said period shall result in its automatic expiration,
and cancellation; and the grantee shall not proceed with his/her project
without applying for a new locational clearance.
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1. Enforcement
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2. Planning
Section 65. Functions and Responsibilities of the Local Zoning board of Appeals.
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The rules and standards provided in this ZO shall conform to the rules and standards
provided by national agencies and shall not in any way diminish those that have been
set by national laws and regulations.
Until such time that the Local Zoning Board of Appeals shall have been
constituted, the HLURB shall act as the Local Zoning Board of Appeals. As an
appellate Board, the HLURB shall adopt its own rules of procedure to govern
the conduct of appeals arising the administration and enforcement of this
Ordinance.
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For purposes of policy and program coordination, the LZRC shall be attached
to the Municipal Development Council.
The Local Zoning Review Committee shall have the following powers and
functions:
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Any person who violates any of the provisions of this Ordinance, shall, upon
conviction, be punished by a fine not exceeding P2,500.00or imprisonment
for a period not exceeding six (6) months or both at the discretion of the
Court. In case of violation by a corporation, partnership or association
the penalty shall be imposed upon the erring officers thereof.
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Local government’s authority to enact and apply zoning regulations is derived from the
state’s exercise of its police powers to make, ordain and establish reasonable laws, statutes or
ordinances which promote the general welfare of Silang. This authority is specified and defined in
a number of laws and directives:
“The Congress shall give the highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social and economic equalities…To this end,
the state shall regulate the acquisition, ownership, use and disposition of property and its increments.”
2.2 Section 20 of RA 7160, “The New Local Government Code of the Philippines”
Reclassification of Lands
1. A city or municipality may, through an ordinance passed by the Sangguniang Bayan of Silang
after conducting public hearings for the purpose, authorize the reclassification of agricultural
lands and provide for the manner of their utilization or disposition in the following cases:
(1) when the land ceases to be economically feasible le and sound for agriculture or (2) where
the land shall have substantially greater economic value for residential, commercial or
industrial purposes, as determined by the Sangguniang Bayan of Silang; provided that such
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reclassification shall be limited to the following percentage of total agricultural land area at
the time of the passage of the ordinance:
a. For Highly Urbanized and Independent Component Cities, fifteen percent (15%);
b. For Component Cities and First to Third Class Municipalities, ten percent (10%)
c. For Fourth to Sixth Class Municipalities, five percent (5%).
2. The President may, when public interest so requires and upon recommendation of the
National Economic and Development Authority (NEDA), authorize a city or municipality to
reclassify lands in excess of the limits set in the next preceding paragraph.
3. The local government units shall, in conformity with existing laws, continue to prepare their
respective Comprehensive Land Use Plans enacted through Zoning Ordinances which shall be
the primary and dominant basis for the future use of land resources: Provided, that the
requirements for food production, human settlements and industrial expansion shall be taken
into consideration in the preparation of such plans.
4. Where approval by a national agency is required for reclassification, such approval shall not
be unreasonably withheld. Failure to act on a proper and complete application for
reclassification within three (3) months from receipt of the same shall be deemed as approval,
thereof.
2.3 Section 447 A.2 (VII-IX) and Section 458 A.2 (VII-IX) of RA 7160
The Sangguniang Bayan, as the legislative body of the Municipality, shall (a) adopt a
Comprehensive Land Use Plan for the Municipality: Provided, that the formulation,
adoption, or modification of said plan shall be in coordination with the approved
Provincial Comprehensive Land Use Plan; (b) reclassify land within the jurisdiction of the
Municipality, subject to the pertinent provisions of this Code; (c) enact integrated Zoning
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ordinances in consonance with the approved Comprehensive Land Use Plan, subject to
existing laws, rules and regulations; establish fire limits or fire zones, particularly in
populous centers; and regulate the construction, repair or modification of buildings within
said fire limits in accordance with the provisions of the Fire Code;
The Sangguniang Panglungsod, as the legislative body of the City, shall (a) adopt a
Comprehensive Land Use Plan for the City: Provided, that in the case of Component
Cities, the formulation, adoption or modification of said plan shall be in coordination with
the approved Provincial Comprehensive Land Use Plan; (b) reclassify land within the
jurisdiction of the City, subject to the pertinent provisions of this Code; (c) enact Zoning
Ordinances in consonance with the approved Comprehensive Land Use Plan, subject to
existing laws, rules and regulations; establish fire limits or fire zones, particularly in
populous centers; and regulate the construction, repair or modification of buildings within
said fire limits in accordance with the provisions of the Fire Code.
2.4 P.D. 1396 (Amending P.D. 933), creating the Ministry of Human Settlements, renaming
the Human Settlements Commission as the Human Settlements Regulatory Commission
“It is hereby declared to be the policy of the government to foster the growth and renewal
of our communities, both rural and urban, in an integrative manner that promotes optimal
land use, adequate shelter, environmental protection, utilization of appropriate technology
and rational interdependence among self-reliant communities.”
“Municipalities shall submit their land use plans, enforcement systems and implementing
guidelines, including zoning ordinance to the Ministry of Human Settlements thru the
HLURB for review and ratification.”
2.6 Section 5, Executive Order 648, Reorganizing the Human Settlements Regulatory
Commission
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1. “Promulgate zoning and other land use control standards and guidelines which shall govern
land use plans and zoning ordinances of local governments XXX”
2. “Review, evaluate and approve or disapprove comprehensive land use development plans and
zoning ordinances of local governments XXX”
3. “Issue rules and regulations to enforce the land use policies on human settlements as provided
for in PDs No, 399, 815, 933, 957, 1216, 1344, 1396, 1517, LOIs No. 713, 729, 935 and other
related laws regulating the use of land XXX”
2.7 PD 933 and Executive Order 648, as amended by EO 90, empowering the HLURB to review
and approve or disapprove land use plans of cities and municipalities;
The aforesaid laws likewise authorize the HLURB to prescribe the standards and
guidelines governing the preparation of land use plans, to monitor the implementation of
such plans and to adjudicate and settle the disputes among LGUs over their land use plans
and zoning programs.
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