ZONING

ORDINANCE
City of Cabuyao
 INTRODUCTION

Zoning is the division of a community into zones or sub-zones (e.g. commercial, residential,
industrial, institutional zones, etc.), according to present and potential uses of land to maximize,
regulate and direct their use and development in accordance with the Comprehensive Land Use
Plan (CLUP) of the community. It takes the form of a locally enacted ordinance which provides,
among others, regulations affecting uses allowed or disallowed in each zone or sub-zones,
conditions for allowing them, and procedures on evaluating deviations.

Zoning is concerned primarily with the use of land and the control of density of population
through imposition of building heights, bulk, open space, and density provisions in a given area.

BENEFITS

The benefits attributed to zoning are as follows:

1. Optimized use of land based on, among others, suitability and capability, e.g. use of prime
agricultural land for agricultural purposes and high value areas for intense urban developments.

2. Promotion of public health and safety through compatible arrangement of various land uses,
e.g. buffering between residential and industrial zones and through standards for environmental
protection and conservation.

3. Preservation of desirable character and real estate values of the zone or sub-zone through
standards intended to facilitate high quality and appropriate developments.

4. Promotion of the rational and orderly growth of the community by employing a system that
allows the adequate evaluation of development proposals in both public and private lands.

LEGAL BASIS

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. This authority is specified and defined in a
number of laws and directives 1987 Philippine Constitution Article XII, Section 6 “The use of
property bears a social function and all economic agents shall contribute to the common good.
Individuals and private groups, including corporations, cooperatives and similar collective
organizations, shall have the right to own, establish and operate economic enterprises subject to
the duty of the state to promote distributive justice and to intervene when the common good
demands.”

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Article XIII, Section 1 “The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the people to human dignity, reduce social and economic
inequalities… To this end, the state shall regulate the acquisition, ownership, use and disposition
of property and its increments.” Section 20 of RA 7160, Local Government Code of the
Philippines Reclassification of Lands

1. A city or municipality may, through an ordinance passed by the Sanggunian 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 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 Sanggunian concerned; provided that such 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%).

Provided, further, that agricultural lands distributed to Agrarian Reform Beneficiaries pursuant to
Republic Act No. 6657, otherwise known as “The Comprehensive Agrarian Reform Law,” shall
not be affected by the said reclassification and the conversion of such lands into other purposes
shall be governed by Section 65 of said Act.

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. An individual landholding within an area already zoned as non-
agricultural in the approved CLUP and ZO, needs no further reclassification by the SB/SP.
Instead, land conversion shall be required in accordance with the provisions of RA6657 and
EO129-A.

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Section 447 A.2 (VI, VIII-IX), Section 448 A.2 (VI) and Section 458 A.2 (VII-IX) of RA
7160

The Sangguniang Bayan, as the legislative body of the Municipality, shall: (a) prescribe
reasonable limits and restraints on the use of property within the jurisdiction of the municipality;
(b) 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; (c) reclassify land within the jurisdiction of the Municipality,
subject to the pertinent provisions of this Code; (d) enact integrated 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; The Sangguniang Panlungsod, as the legislative body of the City,
shall: (a) prescribe reasonable limits and restraints on the use of property within the jurisdiction
of the city; (b) 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; (c) reclassify land
within the jurisdiction of the City, subject to the pertinent provisions of this Code; (d) enact
integrated 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.

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.”

Letter of Instruction No. 729

“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.”

Section 5, Executive Order 648, Reorganizing the Human Settlements Regulatory

Commission

The Housing and Land Use Regulatory Board (HLURB) shall:

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”

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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” 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. Executive
Order 72 This provides for the preparation, review and approval process and
implementation of Comprehensive Land Use Plans and Zoning Ordinances of local
government units pursuant to the Local Government Code of 1991 and other pertinent
laws.

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 REPUBLIC OF THE PHILIPPINES
Sangguniang Panlungsod
City of Cabuyao, Laguna

City Ordinance No. 2019-562

Series of 2019

AN ORDINANCE ADOPTING THE INTEGRATED ZONING REGULATIONS

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

Be it ordained by the Sangguniang Panlungsod of Cabuyao.

WHEREAS, the implementation of Comprehensive Land Use Plans would require the
enactment of regulatory measures to translate the planning goals and objectives into
reality; and an integrated Zoning Ordinance is one such regulatory measure which is an
important tool for the implementation of the comprehensive land use plan;

WHEREAS, the Local Government Code authorizes local government units to enact
zoning ordinances subject to and in accordance with existing laws;

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

NOW THEREFORE, the Sangguniang Panlungsod of Cabuyao in a session assembled

hereby adopts the following integrated Zoning Ordinance.

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 ARTICLE I
TITLE OF ORDINANCE

Section 1. Title of the Ordinance. This Zoning Ordinance shall be known as the
integrated Zoning Ordinance (ZO) of the City of Cabuyao and shall hereinafter be
referred to as the Ordinance or ZO.

ARTICLE II
AUTHORITY AND PURPOSE

Section 2. Authority. This Ordinance is enacted pursuant to the provisions of the Local
Government Code of 1991, R.A. 7160 Sections 447, 448 and 458 a.2 (7 -9) dated 10
October 1991, “Authorizing the City/Municipality, through the Sangguniang Panlungsod,
to adopt a Zoning Ordinance subject to the provisions of existing laws” and in accordance
with related laws such as but not limited to Commonwealth Act 141, RA 8550 Fisheries
Code, PD 705 Forestry Code, PD 1067 Water Code, PD 1096National Building Code,
and Executive Order No. 72.

Section 3. Purposes. This Ordinance is enacted for the following purposes:

a. Promote and protect the health, safety, peace, comfort, convenience and general
welfare of the inhabitants in the City;

b. Provide the proper regulatory environment to maximize opportunities for

creativity, innovation and make ample room for development within the
framework of good governance and community participation;

c. Enhance the character and stability of residential, commercial, industrial,

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

d. Guide, control and regulate the future growth and development of the City of
Cabuyao in accordance with its Comprehensive Land Use Plan (2016-2026);

e. Help ensure the attainment of the Vision of Cabuyao as the Entrepreneurial and
Industrialized City;

f. Mainstream disaster risk reduction and climate change in the development

processes; and

g. Enhance the participation of constituents of Cabuyao in the development of their

community.

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Section 4. General Zoning Principles. These Zoning Regulations are based on the
principles provided for in the approved Comprehensive Land Use Plan as per SP
Resolution No.115-2019 dated July 15, 2019, as follows:

a. The Ordinance reflects the City’s vision to be an “Entrepreneurial and

Industrialized City”;

b. The City Government of Cabuyao 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 this Ordinance;

c. The Ordinance gives the free market the maximum opportunity to spur the City’s
development within a framework of environmental integrity and social
responsibility;

d. The Ordinance has been designed to encourage the evolution of high-quality

developments rather than regulating against the worst type of projects;

e. The Ordinance has been crafted in a manner that is fully responsive to the ever-
changing conditions that the City continually face;

f. The Ordinance functions as a tool for informed decision-making on the part of

land use administrators by way of providing specific criteria to judge the
acceptability of developments;

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

h. The regulations in the Zoning Ordinance 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.

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 ARTICLE III
DEFINITION OF TERMS

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.

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 – an area within a city/municipality intended for the cultivation of the
soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture
production, including the harvesting of such farm products, and other farm activities and
practices performed in conjunction with such farming operations.

Agri-Industrial Zone - an area within a city/municipality intended primarily for

integrated farm operations and related product processing activities such as plantation for
bananas, pineapple, sugar, etc.

Accessory/Ancillary use – a use customarily incidental and subordinate to the principal

use of the building and located on the same lot with such principal use of the building.

Allowable Uses - uses that conform to those allowed in a specific zone.

Boundary line – the abstract line formed by the technical description of bearing and
distances given on the certificate of title of the property or as defined herein.

Buffers – these are yards, parks or open spaces intended to separate incompatible
elements or uses to control pollution/nuisance and for identifying and separating
development areas from zones where no permanent structures are allowed.

Building Height Limit - per the National Building Code, this is “the maximum height to
be allowed for buildings/ structures...and shall be generally measured from the
established grade line to the topmost portion of the proposed building/structure. If
applicable, the BHL may be subject to clearance requirements of the Civil Aviation
Authority of the Philippines (CAAP) or the concerned military/security authorities.” BHL

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is expressed as the number of allowable storey’s/floor above established grade and/ or
meters above highest grade.

Built-up area – a grouping of ten (10) or more contiguous structures.

Cemetery/Memorial Park Zone (C/MP-Z) – an area in a city/municipality intended for

the interment of the dead.

Central Business District – refers to an area, usually but not necessarily located in the
town center, either naturally growing as or deliberately designed as an area principally for
trade, and business, services and related purposes.

Certificate of Non-Conformance – a certificate issued to owners of buildings and other

establishments existing prior to the approval of the Zoning Ordinance and which do not
conform to the use of the zone as provided for in the said Ordinance. The certificate
allows the continued existence of the said non-conforming uses over a stipulated period
of time and sets limits and conditions as provided for in the Zoning Ordinance and/or as
prescribed by the Local Zoning Board of Adjustment and Appeals.

Commercial area – an area within the city used for trading/services/business purposes.

Commercial-1 Zone – a low density commercial area within a city/municipality

intended for neighborhood or community scale trade, service and business activities.

Commercial-2 Zone – a medium to high density commercial area within a

city/municipality intended for trade, service and business activities performing
complementary/supplementary functions to the CBD.

Commercial-3 Zone(C3-Z) – a high density commercial area within a city/municipality

intended for regional shopping centers such as large malls and other commercial and
business activities which are regional in scope or where market activities generate traffic
and require utilities and services that extend beyond local boundaries and requires
metropolitan level development planning and implementation. High rise hotels, sports
stadium or sports complexes area also allowed in this zone. This zone may also be called
as the Central Business District (CBD).

Compatible uses – uses or land activities capable of existing together harmoniously e.g.
residential use and parks and playground.

Component Cities/Municipalities - cities which do not meet the requirements for highly
urbanized cities shall be considered component cities of the province in which they are
located. If a component city is located within the boundaries of two or more provinces,
such city shall be considered component of the province of which it used to be a
municipality.

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Comprehensive Land Use Plan (CLUP) – a document embodying general and specific
land uses and development proposals for guiding or regulating the direction and intensity
of growth and/or development of the city.

Condominium – a medium-rise structure usually used for commercial or residential

purposes and generally owned by the occupant thereof.

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

Conforming use – a use which is in accordance with the zone classification as provided
for in the Zoning Ordinance.

Cottage industry – an economic activity carried on in the houses or in other places for
profit, with capitalization not to exceed the standard set by the Department on Trade and
Industry (DTI).

Dormitory – an institutional building where boarders are provided with board and
lodging, sleeping and eating in common halls and consisting of at least ten (10) or more
persons.

Dwelling – a building designed or used exclusively as living quarters for one or more
families.

Dwelling, single detached – a dwelling unit having two side yards.

Dwelling, semi-detached – a dwelling unit having one party wall and one side yard.

Dwelling, multi-family – a building used as a home or residence of three (3) or more

families living independently from one another, each occupying one or more rooms as a
single housekeeping unit.

Easement – open space imposed on any land use/activities sited along or around
waterways, road rights-of-way, cemeteries/memorial parks and utilities. May also be
considered a buffer.

Environmentally Critical Areas (ECA) – refer to those areas which are

environmentally sensitive and are listed in Presidential Proclamation 2146 dated
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;

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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.

k. 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.

l. 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.

Proponents of Projects within ECAs are required to submit Initial Environmental

Examinations to DENR Regional Offices. They may later be required by the
DENR to submit an EIS, if necessary.

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Environmentally Critical Projects – refer to those projects which have high potential
for negative environmental impacts and are listed in Presidential Proclamation 2146
dated December 14, 1981, 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 EIS to the Environmental Management

Bureau (EMB) of the DENR.

Exception – a mitigating device which grants a property owner relief from certain
provisions of the Zoning Ordinance where denial of the specific use applied for would
result in a particular hardship, as distinguished from a mere inconvenience or a thwarting
of the desire to make more money on the part of the property owner.

Fault Zone – an area in a city/municipality defined by five (5)-meter wide strips on both
sides of and running along identified earthquake faults. The objective of this overlay zone
is to minimize the possible harmful effects of fault movements to properties.

Floor Area Ratio or “FAR” – is the ratio between the gross floor area of a building and
the area of the lot on which it stands, determined by dividing the gross floor area of the
building and the area of the lot. The gross floor area of any building should not exceed
the prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any zone
should be based on its capacity to support development in terms of the absolute level of
density that the transportation and other utility networks can support.

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

Institutional area – an area within the city used principally for general types of
institutions e.g. government offices, schools, hospital/ clinics, academic/research, and
convention centers.

Light industrial area – an area within the designated Industrial Park used for non-
pollutive/non-hazardous and non-pollutive/hazardous industries.

Linear parks – areas designated for the maintenance of ecological balance and
characterized by scenic areas and parks facilities but not necessarily with playgrounds
and other sports facilities.

Locational Clearance – a clearance issued to a project proponent allowing it to operate

in the proposed location under the provisions of this Zoning Ordinance and other rules
and regulations on land use.

Low density residential zone – characterized mainly by single family, single detached
dwellings with the usual community ancillary uses on a neighborhood scale and relatively
exclusive subdivisions as well as compatible support and institutional facilities.

Medium density residential zone – characterized mainly by medium density housing

like two-family dwellings, townhouses, row houses and accessories, and other medium-
rise multi-family dwellings having maximum of five (5) storeys with usual community
ancillary uses and support facilities designed for the needs of a barangay scale.

Medium industrial area – an area within the designated Industrial Park which will
accommodate pollutive/non-hazardous and pollutive/hazardous industries.

Mitigating device – a means to grant relief to those adversely affected by certain

provisions of the Zoning Ordinance.

Municipal Waters – this Ordinance adopts the definition as embodied in Section 131 (r)
of the Local Government Code of 1991 (R.A. 7160), to wit: “Municipal Waters include
not only streams, lakes and tidal waters within the municipality, not being the subject of
private ownership and not comprised within the national parks, public forest, timber
lands, forest reserves or fishery reserves, but also marine waters included between two
lines drawn perpendicularly to the general coastline from points where the boundary lines
of the municipality or city touch the sea at low tide and a third line parallel with the
general coastline and fifteen (15) kilometers from it.”

Non-conforming uses – land uses or activities which at the adoption of this Ordinance
do not conform with the zoned use of the area but which are allowed to operate subject to
the conditions stipulated in this Zoning Ordinance.

Open Space – Unoccupied space open to the sky.

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Parking lot – an off-street open area, the principal use of which is for the parking of
automobile by the public whether for compensation or not or as an accommodation to
client or customers.

Parking space – an off-street space available for the parking of one motor vehicle and
having an area of not less than two hundred square feet (200 sq.ft.) exclusive of passage
ways and driveways appurtenant thereto and giving access thereto, and having direct
access to a street or alley.

Parks – areas designated for diversion/ amusement by the local residents and the public
in general and for the maintenance of ecological balance of the community.

Planned Unit Development (PUD) – It is a land development scheme wherein project

site is comprehensively planned as an activity via unitary site plan which permits
flexibility in planning/design, sorting of buildings, complementarity of buildings types
and land uses, usable open spaces and the preservation of significant natural land features

Protected areas – are identified portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity and
protected against destructive human occupation and exploitation.

Rezoning – a process of introducing amendments to or a change in the text and maps of

the zoning ordinance.

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

Socialized Housing – 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 (UDHA).
Socialized Housing Zone (SH-Z) – an area in a city/municipality designated for
socialized housing projects.

Strategic Agriculture and Fisheries Development Zone (SAFDZ) – refers to “areas

within the NPAAAD identified for production, agro-processing and marketing activities
to help develop and modernize, with the support of government, the agriculture and
fisheries sectors in an environmentally and socio-culturally sound manner” (AFMA).

Tourism area – area in the city endowed with natural or man-made physical attribute
and resources that are conducive to recreation, leisure and other wholesome activities
which attract local or foreign tourists.

Urbanizable land – area designated as suitable for urban expansion by virtue of land use
studies conducted. Also known as urban expansion area.

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Utilities, Transportation and Services Zone \ – an area in a city/municipality
designated for “a range of utilitarian/ functional uses or occupancies, characterized
mainly as a low-rise or medium-rise building/structure for low to high intensity
community support functions, e.g. terminals, inter-modals, multi-modals, depots, power
and water generation/distribution facilities, telecommunication facilities,
drainage/wastewater and sewerage facilities, solid waste handling facilities and the like”
(NBC).

Variance – a special locational clearance which grants a property owner relief from
certain provisions of the Zoning Ordinance where, because of the particular physical
surrounding, shape or topographical conditions of the property, compliance with the
height, area, setback, bulk, and/or density requirements would result in a particular
hardship upon the owner, as distinguished from a mere inconvenience or a denial of his
desire to gain profit.

Warehouse – refers to storage and/or depository of those in the business of performing

warehouse services for others, for profit.

Zone – an area within the city/municipality delineated for specific land use or
combination of land uses.

Zoning Administrator/Zoning Officer – a municipal government employee responsible

for the implementation/enforcement of the Zoning Ordinance of the city.

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

Zoning Map – a duly authenticated map delineating the different zones which the whole
city/municipality is divided

Zoning Ordinance – a local legal enactment which embodies regulations affecting

delineated land uses intended to implement the Comprehensive Land Use Plan.

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 ARTICLE IV
ZONE CLASSIFICATIONS

Section 5. Division into Zones/Subzones. To effectively carry out the provisions of this
Ordinance, the City is hereby divided into zones/subzones as enumerated below.

Section 6. Base Zone. The following are designated as Base Zones.

a. Agricultural Zone (AGZ)

i. Protection Agricultural Zone (PTA-SZ)
ii. Production Agriculture Zone (PDA-SZ)

b. General Residential Zone (GR-Z)

i. Residentia-1 Zone (R1-Z)
ii. Residentia-2 Zone (R2-Z)
iii. Residentia-3 Zone (R3-Z)
iv. Socialized Housing Zone (SH-Z)

c. General Commercial Zone (GC-Z)

i. Commercial-1 Zone (C1-Z)
ii. Commercial-2 Zone (C2-Z)
iii. Commercial-3 Zone (C3-Z)

d. Industrial Zone (I-Z)

i. Industrial-1 Zone (I1-Z)
ii. Industrial-2 Zone (I2-Z)
iii. Industrial-3 Zone (I3-Z)

e. Other Zones
i. General Institutional Zone (GI-Z)
ii. Government Center Zone (GCZ)
iii. Parks and Recreation Zone (PR-Z)
iv. Waterfront Development Zone (WD-Z)
v. Open Space (OS-Z)
vi. Cemetery Zone (C-Z)
vii. Utilities, Transportation, and Services Zone (UTS-SZ)

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Section 7. Overlay Zone. No Overlay Zone was identified by the City of Cabuyao in this
Ordinance. However, in the event that based on the demand and the results of technical
evaluation, the City with the approval of the Sangguniang Panlungsod may identify
Overlay Zones within the City.

Section 8. Zoning Map. It is hereby adopted as an integral part of this Ordinance, the
duly authenticated and Official Zoning Maps of the city showing location and boundaries
of the Base Zones and Sub-zones herein established.

Section 9. Zone Boundaries. The locations and boundaries of the above mentioned
various zones into which the City has been subdivided are identified and specified in
Annex A.

Section 10. Interpretation of Zone Boundaries. The following rules shall apply in the
interpretation of the boundaries indicated on the Official Zoning Map:

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

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

c. 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 therefrom 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.

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

boundary shall be deemed to be the railroad right-of-way.

e. 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.

f. 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.

g. Where zone boundaries are indicated by Lot Parcels or said to be one-lot deep,
this should mean that the said zone boundaries are defined by the parcellary
subdivision existing at the time of the passage of this Ordinance.

17
 h. The Official Zoning Maps shall prevail over that of the textual description of the
zone boundaries.

ARTICLE V
ZONE REGULATIONS

Section 11. General Provisions. The uses enumerated in the succeeding sections are
neither exhaustive nor all-inclusive. The Local Zoning Board of Appeals (LZBAA) shall
subject to the requirements of this article, allow other uses not enumerated hereunder
provided that they are compatible with uses expressly allowed. The General Zone
Regulations are as follows:

a. Allowance of further uses 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.

b. Specific uses/activities of lesser density (e.g. R1-Z) within a particular zone

maybe allowed within zone of higher density (e.g. R2-Z, R3-Z, C1-Z, C2-Z) but
not vice-versa, nor in another zone subdivision, except for uses expressly allowed
in said zones, such that the cumulative effect in zoning shall be intra-zonal and
not inter-zonal.

c. Allowable uses are specific according to Principal Uses and Accessory Uses.
Principal Uses define as the dominant use of a zone/lot while Accessory Uses
support the Principal Uses allowed in a zone/lot. An Accessory Use shall be
allowed only with the presence of a Principal Use in the same lot. In no case shall
an Accessory Use occupies more than thirty percent (30%) of the total area of the
lot.

d. An Environmental Compliance Certificate (ECC) shall be required in establishing

major developments in industrial zones.

Section 12. Regulation in Base Zones. Base Zones refer to the primary zoning
classification of areas within the City and that are provided with a list of allowable uses
and regulations on building density and bulk, among others.

Section 12.1. Production Agriculture Zone (PDA-SZ). Production Agriculture Zone is

designated for mixed agricultural production. The following uses shall be permitted:

a. Principal Uses:
i. Cultivation, raising and growing of staple crops such as rice, corn, sweet
potato or camote, cassava, sugar cane, and the like

18
 ii. Growing of diversified plants and trees, such as fruit and flower bearing
trees, coffee, tobacco, etc.

iii. Raising of livestock (e.g. swine and cattle) and poultry (e.g. chicken, duck
and turkey)

iv. Silviculture, mushroom culture, fishing and fish culture, crocodile

farming, monkey raising and the like

v. Pastoral activities such as goat raising and cattle fattening

b. Accessory Uses:
i. Customary support facilities such as palay dryers and rice threshers and
storage barns and warehouses

ii. Ancillary dwelling units/farmhouses for fillers and laborers

iii. Agricultural research and experimentation facilities such as breeding

stations, fish farms, nurseries, demonstrations farms, etc.

Section 12.2. Protection Agriculture Zone (PDA-SZ). This Zone shall be used
principally as center where development in the agriculture and fisheries are catalyzed in
an environmentally and socio-culturally sound manner. Allowable uses in this zone are
the following:

a. Cultivation, culture, production and processing of particular crops, animals and

aquatic products;

b. Agriculture or fisheries infrastructure, industrial complexes, production and

processing zones;

Section 12.3. Residential-1 Zone (R1-Z). R1-Z shall be used principally for
dwelling/housing purposes so as to maintain peace and quiet of the area within the zone
with a density of 20 dwelling units and below per hectare. The following are the
allowable uses:

a. Principal Uses:
i. Single detached family dwelling
ii. Semi-detached family dwelling (e.g. duplex, row house)
iii. Customary ancillary uses like: Servant or/and Employee’s Quarter/Private
Garage/Guardhouse
iv. Parks, pocket parks, parkway, promenade, garden, playground, playlots,
sports field/court, garden: for use of its immediate residential community.
19
b. Accessory Uses:
i. Home occupation/office for the practice of one’s professional or for
engaging home business such as dressmaking, tailoring, baking, running
sari-sari store and like provided that:

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 that would normally be expected in residential
neighborhood and any need for parking generated by the conduct
of such home occupation shall be met off the street and in 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 televisions receiver or causes
fluctuations in line voltage of the premises.

ii. 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 units. there shall be no
change or alteration on the outside appearance of the dwelling unit
and shall not be hazard or nuisance;

Allotted capitalization shall not exceed the capitalization as set by

the Department of Trade and Industry (DTI);

iii. Backyard farming such as growing of vegetables and crops for household
consumption and raising of livestock and fowl, provided that:

i. For livestock – Maximum of four (4) heads

ii. For fowl – Maximum of twenty (20) Birds

20
 Provide further that raising livestock and fowl in any
exclusive subdivision is prohibited by this Ordinance.

iv. Sari-sari store

v. Places of religious worship

vi. Multi-Purpose/Barangay Hall

vii. Pre-school/Kindergarten School

viii. Daycare Center

ix. Clinic, nursing and convalescing home, health center

x. Utility installation for the use of zone/lot occupants

Section 12.4. Residential-2 Zone (R2-Z). R2-Z Zone shall be used principally for
dwelling/housing purposes with a density of 21 to 65 dwelling units and below per
hectare. The following are the allowable uses:

a. Principal Uses:
i. All uses allowable in R1-Z
ii. Apartment
iii. Boarding house
iv. Dormitory
v. Pension house
vi. Townhouse
vii. Residential inn/apartelle/condotel/condominium
viii. Daycare center
ix. Pre-school, kindergarten school, elementary school, high school
x. Community/village association office
xi. Library, museum, exhibit area, art gallery
xii. Fire/security station
xiii. Welfare/charitable institution
xiv. Place of religious worship
xv. Utility installation for use of zone/lot occupants
xvi. Public utility facility
xvii. Government facility

21
 b. Accessory Uses:
i. All accessory uses allowable in R1-Z except backyard raising of livestock
and fowl.
ii. Specialty school/training facility
iii. Sports club/gym/recreational facility
iv. Clubhouse, multi-purpose hall/room
v. Dance/voice/music, other specialty studio
vi. Showroom/display store
vii. Convenience/retail store/food store/cart/kiosk/stall (neighborhood service
only)
viii. Restaurant, canteen, other food-serving establishment
ix. Personal service/repair
x. General service/repair
xi. Office support service
xii. Small-scale home industry, provided that such industry conforms to the
provisions of section 11, (c) of this ordinance, and all other government
requirements
xiii. Hardware store without lumber, gravel, and sand
xiv. Computer/information technology - related activity
xv. Pawnshop/one-stop payment shop
xvi. Telecom station
xvii. Wellness center
xviii. Sporting goods, souvenir shop
xix. Office
xx. Branch libraries/Museum/Exhibit areas/Art gallery

Section 12.5. Residential-3 (R3-Z). An R3-Z shall be used principally for

dwelling/housing purposes with a density of 66 dwelling units and above per hectare. The
following are the allowable uses:

a. Principal Uses:
i. All uses allowable in R1-Z and R2-Z
ii. Hotel/Hometel/Condotel/
iii. Office

b. Accessory Uses:
i. All accessory uses allowable in R2-Z
ii. Bank, ATM, finance, insurance, money exchange service,
iii. Parking structure
iv. Transit station/terminal
v. Convenience/retail store/food store/cart/kiosk/stall (neighborhood only)

22
Section 12.6. Socialized Housing Zone (SH-Z). SH-Z shall be used principally for
socialized housing/dwelling purposes for the underprivileged and homeless as defined in
R.A. 7279 or housing project of the City Government of Cabuyao. This Zone must have a
Master Development Plan that permits flexibility planning/urban design, disaster
resiliency, usable open spaces for general public use and the preservation of significant
natural and or historical land features, if feasible. The following are the allowable uses:

a. Principal Use:
i. All uses allowable in R1-Z, R2-Z, R3-Z, and GI-Z

b. Accessory Use:
i. All uses allowable in R1-Z except backyard raising of livestock and fowl
ii. Elementary school
iii. High school
iv. Barangay Outpost/Security Station
v. Utility stations such as electrical, telecommunication and water utilities

Section 12.7. Commercial-1 Zone (C1-Z). This Zone shall be used principally for
mixed use and commercial development intended for the community or the City’s needs.
The following are the allowable uses:

a. Principal Uses:
i. All principal and accessory uses allowed in R3-Z
ii. Office like: office building/office condominium
iii. College/University
iv. Personal service shops like: beauty parlor/barber shop/sauna bath and
massage clinic/dressmaking and tailoring shop
v. Restaurants and other food-serving establishments
vi. Short term special education like: dancing schools/school for self-
defense/driving clinic/speech clinics
vii. Store rooms but only as maybe necessary for the efficient conduct of the
business
viii. Water filling station/Service station
ix. Clinic
x. Bank and other financial institution
xi. Building garage, parking lot
xii. Bakery and baking of bread, cake, pastries, pies and other similar
perishable products
xiii. Custom dressmaking shop
xiv. Custom tailoring shop
xv. Commercial and job printing

23
 xvi. Typing and photo engraving services
xvii. Repair and optical instruments and equipment and cameras
xviii. Repair of clocks and watches
xix. Manufacture of insignia, badges and similar emblems except metals
xx. Transportation terminals/garage with and without repair
xxi. Petroleum/gas filling station/Service station

Section 12.8. Commercial-2 Zone (C2-Z). This Zone shall be used principally for
mixed-use and commercial development intended for the community as well as the City’s
needs. The following are the allowable uses:

a. Principal Uses:
i. All uses allowable in C1-Z
ii. Food markets and shops like: bakery and bakeshop/wine
store/grocery/supermarket
iii. Recreational center/Establishments like: movie houses/theaters/play court
(e.g. tennis court, bowling lane, billiards hall) day & night club/stadium,
coliseum, gymnasium/other sports and recreational establishments
iv. Messengerial service
v. Security agency
vi. Janitorial service
vii. Regular shops like: house appliances and repair shops/Motor vehicles and
accessory repair shop/Home furnishing shops
viii. Medium scale junk shop
ix. Repair of motorcycles
x. Lechon or whole pig roasting
xi. Cottage industry such as chicharon factory, smoked fish or tinapa factory,
doughnut and hopia factory, and biscuit factory – manufacture of biscuits,
cookies and crackers and other similar dried bakery products
xii. Other bakery products not elsewhere classified
xiii. Repacking/packaging/canning of food products (e.g. fruits, vegetables,
sugar and other related products)
xiv. Plant nursery
xv. Funeral parlors, mortuaries and crematory and memorial chapels
xvi. Parking lots, garage, facilities
xvii. Other commercial activities not elsewhere classified

Section 12.9. Commercial-3 Zone (C3-Z). This Zone shall be used principally for
mixed-use and commercial development intended for the community or the City’s needs
as well as the Province or the Region. The following are the allowable uses:

24
 a. All uses allowable in C1-Z and C2-Z
b. General retail store and shops like: department store/super
market/grocery/shopping center
c. Convention centers and related facilities
d. Radio and television station
e. General hospital
f. Printing/Publishing
g. Machinery display shop/Center
h. Gravel and Sand
i. Lumber and hardware
j. Welding shops
k. Machine shop service operation (repairing/rebuilding or custom job orders)

Section 12.10. Industrial-1 Zone (I1-Z). An I1-Z shall be for non-pollutive/non-

hazardous and non-pollutive/hazardous manufacturing/processing establishments. The
following uses shall be permitted:

a. Non-pollutive/non-hazardous industries
i. Drying fish
ii. Biscuit factory – manufacturing of biscuits, cookies, crackers and other
similar dried bakery products
iii. Doughnut and hopia factory
iv. Manufacture of macaroni, spaghetti and vermicelli and other noodles
v. Other bakery products not elsewhere classified
vi. Life belts factory
vii. Manufacture of luggage, handbags, wallets and small leather goods
viii. Manufacture of miscellaneous products of leather and leather substitute
and not elsewhere classified
ix. Manufacture of shoes except rubber and plastic and wood
x. Manufacture of slipper and sandal except rubber and plastic
xi. Printing, Publishing and allied industries and those not elsewhere
classified
xii. Manufacture or assembly of typewriters, cash registers, weighing,
duplicating and accounting machines
xiii. Manufacture or assembly of electronic data processing machinery and
accessories
xiv. Renovation and repair of office machinery
xv. Manufacture or assembly of miscellaneous office and those not elsewhere
classified
xvi. Manufacture of rowboats, bancas, sailboats, ships
xvii. Manufacture of animal drawn vehicles

25
 xviii. Manufacture of children vehicle and baby carriage
xix. Manufacture of laboratory and scientific instruments, barometers,
chemical balance, etc.
xx. Manufacture of measuring and controlling equipment, plumb bomb, rain
gauge, taxi meter, thermometer, etc.
xxi. Manufacture or assembly of surgical, medical, dental equipment and
medical furniture
xxii. Quick freezing and cold packaging for fish and other seafoods
xxiii. Quick freezing and cold packaging for fruits and vegetables
xxiv. Popcorn/rice factory
xxv. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic
dressing, sanitary napkins, surgical gauge, etc.
xxvi. Manufacture of orthopedic and prosthetic appliances (abdominal
supporter, ankle supports, arch support, artificial limbs, kneecap
supporters, etc.)
xxvii. Manufacture of photographic equipment and accessories
xxviii. Manufacture or assembly of optical instruments
xxix. Manufacture of eyeglasses, spectacles and optical lenses
xxx. Manufacture of watches and clocks
xxxi. Manufacture of pianos, string, wind and percussion instruments
xxxii. Manufacture of sporting gloves and mitts
xxxiii. Manufacture of sporting balls (not of rubber or plastic)
xxxiv. Manufacture of gym and playground equipment
xxxv. Manufacture of sporting tables (billiards, pingpong, pool)
xxxvi. Manufacture of other sporting and athletic goods not elsewhere classified
xxxvii. Manufacture of toys and dolls except rubber and mold plastic
xxxviii. Manufacture of pens, pencils and other office and artist materials
xxxix. Manufacture of umbrella and canes
xl. Manufacture of buttons except plastic
xli. Manufacture of brooms, brushes and fans
xlii. Manufacture of needles, pens, fasteners and zippers
xliii. Manufacture of insignia, badges and similar emblems (except metal)
xliv. Manufacture of signs and advertising displays (except printed)
xlv. Small-scale manufacture of ice cream

b. Non-pollutive/hazardous industries
i. Manufacture of house furnishing
ii. Textile bag factories
iii. Canvass bags and other canvass products factory

26
 iv. Manufacture of miscellaneous textile goods, embroideries and weaving
apparel
v. Manufacture of fiber battling, padding and upholstery filing except choir
vi. Garment factories
vii. Manufactures of hats, gloves, handkerchief, neckwear and related clothing
accessories
viii. Manufacture of raincoats and waterproof outer garments except jackets
ix. Manufacture of miscellaneous fabricated mill works and those not
elsewhere classified
x. Manufacture of wooden and cane containers
xi. Sawali, nipa and split cane factory
xii. Manufacture of bamboo, rattan and other cane baskets and wares
xiii. Manufactures of crock products
xiv. Manufacture of wooden shoes, shoe lace and other similar products
xv. Manufacture of miscellaneous wood products and those not elsewhere
classified
xvi. Manufacture of miscellaneous furniture and fixture excerpt primarily of
metal and those not elsewhere classified
xvii. Manufacture of paper stationary, envelopes and related articles
xviii. Manufacture of dry ice
xix. Repacking of industrial products e.g. paints, varnishes and other related
products

c. Other uses incidental to agro-industrial activities not specified in this section.

Section 12.11. Industrial-2 Zone (I2-Z). An I2-Z Zone shall be for pollutive/non-
hazardous and pollutive/hazardous manufacturing and processing establishments. The
following uses shall be permitted:

a. Pollutive/Non-Hazardous Industries
i. Manufacture and canning of ham, bacon and native sausages
ii. Poultry processing and canning
iii. Large-scale manufacture of ice cream
iv. Corn mill/Ricemill
v. Chocolate and cocoa factory
vi. Candy and chewing gum factory
vii. Peanuts and other nuts factory
viii. Other chocolate and confectionery products
ix. Manufacture of flavoring extracts
x. Manufacture of food products not elsewhere classified (vinegar, vetsin)
xi. Manufacture for fish meal

27
 xii. Manufacture of medicinal and pharmaceutical preparations
xiii. Manufacture of stationary, art goods, cut stone and marble products
xiv. Manufacture of abrasive products
xv. Manufacture of miscellaneous non-metallic metallic mineral products not
elsewhere classified
xvi. Manufacture of cutlery, except table flatware
xvii. Manufacture of hand tools, general hardware, miscellaneous cutlery hand
tools and general hardware not elsewhere classified
xviii. Manufacture of household metal furniture, metal blinds, screen and
shades, miscellaneous furniture and fixture primarily or metal not
elsewhere classified
xix. Manufacture of fabricated structural iron and steel
xx. Manufacture of architectural and ornamental metal works
xxi. Manufacture of boilers, tanks and other structural sheet metal works
xxii. Manufacture of other structural products not elsewhere
xxiii. Manufacture of metal cans, boxes and containers
xxiv. Manufacture of stamped coated and engraved metal products
xxv. Manufacture of fabricated wire and cable products
xxvi. Manufacture of heating, cooking and lighting equipment except electrical
xxvii. Sheet metal works generally manual operation
xxviii. Manufacture of other fabricated metal products except machinery and
equipment not elsewhere classified
xxix. Manufacture or assembly of agricultural machinery and equipment
xxx. Native plow and harrow factory
xxxi. Repair of agricultural machinery
xxxii. Manufacture or assembly of service industry machines
xxxiii. Manufacture or assembly of elevators and escalators
xxxiv. Manufacture or assembly of sewing machines
xxxv. Manufacture or assembly of cooking ranges
xxxvi. Manufacture or assembly of water pumps
xxxvii. Refrigeration industry
xxxviii. Manufacture or assembly of other machinery and equipment except
electrical not elsewhere classified
xxxix. Manufacture and assembly of other electrical apparatus
xl. Manufacture and repair of electrical cables and wires
xli. Manufacture of other electrical industrial machinery and apparatus not
elsewhere classified
xlii. Manufacture or assembly of electric equipment radio and television, tape
recorders, stereo

28
 xliii. Manufacture or assembly of radio and television transmitting, signaling
and detection equipment
xliv. Manufacture or assembly of telephone and telegraphic equipment
xlv. Manufacture of other electronic equipment and apparatus not elsewhere
classified
xlvi. Manufacture of industrial and commercial electrical appliances
xlvii. Manufacture of household cooking, heating and laundry appliances
xlviii. Manufacture of other electrical appliances not elsewhere classified
xlix. Manufacture of lamp fixtures

b. Pollutive/Hazardous Industries
i. Flour and cassava flour mill
ii. Manufacturing of coffee
iii. Manufacturing of unprepared animal feeds, other grain milling not
elsewhere classified
iv. Production prepared feeds for animals
v. Cigar and Cigarette factory
vi. Curing and re-drying tobacco leaves
vii. Miscellaneous processing tobacco leaves, not elsewhere classified
viii. Weaving hemp textile
ix. Jute spinning and weaving
x. Miscellaneous spinning and weaving mills, not elsewhere classified
xi. Hosiery mill
xii. Underwear and outwear knitting mills
xiii. Fabric knitting mills
xiv. Miscellaneous knitting mills not elsewhere classified
xv. Manufacture of mats and mattings
xvi. Manufacture of carpets and rugs
xvii. Manufacture of cordage, rope and twine
xviii. Manufacture of related products from abaca, sisal, henequen, hemp,
cotton, paper, etc.
xix. Manufacture of linoleum and other surfaced coverings
xx. Manufacture of artificial leather, oil cloth and other fabrics except
rubberized
xxi. Manufacture of coir
xxii. Manufacture of rough lumber, unworked
xxiii. Manufacture of worked lumber
xxiv. Re-sawmills
xxv. Manufacture of veneer, plywood and hardwood
xxvi. Manufacture of doors, windows and sashes

29
 xxvii. Treating and preserving of wood
xxviii. Manufacture of charcoal
xxix. Manufacture of wood and cane blinds, screen and shades
xxx. Manufacture of containers and boxes of paper and paper boards
xxxi. Manufacture of miscellaneous pulp and paper products not elsewhere
classified
xxxii. Manufacture of waxes and polishing preparation
xxxiii. Manufacture of candles
xxxiv. Manufacture of inks
xxxv. Manufacture of miscellaneous chemical products not elsewhere classified
xxxvi. Tire retreating and rebuilding
xxxvii. Manufacture of rubber shoes and slippers
xxxviii. Manufacture of industrial and molded rubber products
xxxix. Manufacture of plastic footwear and furniture
xl. Manufacture of other fabricated plastic products, not elsewhere classified
xli. Manufacture of table and kitchen articles
xlii. Manufacture of pottery, china and earthen ware not elsewhere classified
xliii. Manufacture of flat glass
xliv. Manufacture of glass containers
xlv. Manufacture of miscellaneous glass and glass products, not elsewhere
classified
xlvi. Manufacture of clay bricks, clay tiles and hollow clay tiles
xlvii. Manufacture of miscellaneous structural clay products, not elsewhere
classified
xlviii. Manufacture of structural concrete products
xlix. Manufacture of asbestos products
l. Manufacture of engines and turbines except motor vehicles, marine and
aircraft
li. Manufacture of metal cutting, shaving and finishing machinery
lii. Manufacture of wood working machinery
liii. Manufacture, assembly, rebuilding, repairing of food and beverage
making machinery
liv. Manufacture, assembly, rebuilding, repairing of textile machinery and
equipment
lv. Manufacture, assembly, rebuilding of printing, trade machinery and
equipment
lvi. Manufacture of rice mills
lvii. Manufacture of machines for leather and leather products
lviii. Manufacture of machines fir clay, stove and glass industries

30
 lix. Manufacture, assembly, repair, rebuilding of miscellaneous special
industrial machinery and equipment, not elsewhere classified
lx. Manufacture of locomotives and parts
lxi. Manufacture of railroad and street cars
lxii. Manufacture or assembly of automobiles, cars, buses, trucks and trailers
lxiii. Manufacture of wood furniture including upholstered
lxiv. Manufacture of rattan furniture including upholstered
lxv. Manufacture of box beds and mattresses

d. Other uses incidental to agro-industrial activities not specified in this section.

Section 12.12. Industrial-1 Zone (I3-Z). An I3-Z shall be for highly pollutive/non-
hazardous, highly pollutive/hazardous, highly pollutive/extremely hazardous, non-
pollutive/extremely hazardous, and pollutive/extremely hazardous manufacturing and
processing establishments. Enumerated below are the allowable uses:

a. Highly-Pollutive/Non-Hazardous Industries
i. Meat processing, curing, preserving except processing of ham, bacon,
sausage and chicharon
ii. Milk processing plants (manufacturing filled, reconstituted, or recombined
milk, condensed or evaporated)
iii. Butter and cheese processing plants
iv. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing,
bottling of natural animal milk and cream related products)
v. Other dairy products not elsewhere classified
vi. Canning and preserving fruit and vegetables products
vii. Canning and preserving fruit and fruit juices
viii. Canning and preserving of vegetable and vegetable juices
ix. Miscellaneous canning and preserving of fruits and vegetables, not
elsewhere classified
x. Fish canning
xi. Patis Factory
xii. Bagoong Factory
xiii. Processing, preserving and canning of fish and other seafoods, not
elsewhere classified
xiv. Manufacture of desiccated coconut
xv. Manufacture of starch and its products
xvi. Manufacture of wines from juices of local fruits
xvii. Manufacture of malt and malt liquors
xviii. Manufacture of soft drinks carbonated water
xix. Manufacture of instant beverages and syrups

31
 xx. Other non-alcoholic beverages, not elsewhere classified
xxi. Other slaughtering, preparing and preserving products not elsewhere
classified

b. Highly-Pollutive/Hazardous Industries
i. Vegetable oil mills, including coconut oil
ii. Manufacturing of refines cooking oil and margarine
iii. Manufacture of fish, marine and other animal oils
iv. Manufacture of vegetable and animal oil fats, not elsewhere classified
v. Sugar cane milling (centrifugal and refined)
vi. Muscovado sugar mill
vii. Distilled, rectified and blended liquors, not elsewhere classified
viii. Distilled, rectified and blended liquors, not elsewhere classified
ix. Cotton, ramie and rayon and other manmade fiber textile mill
x. Bleaching and drying mills
xi. Manufacture of narrow fabrics
xii. Tanneries and leather finishing plants
xiii. Pulp mill
xiv. Paper and paperboard mills
xv. Manufacture of fiberboard
xvi. Manufacture of inorganic salts and compounds
xvii. Manufacture of soap and cleaning preparations
xviii. Manufacture of hydraulic cement
xix. Manufacture of lime and lime kilns
xx. Manufacture of plaster
xxi. Products of blast furnaces, steel works and rolling mills
xxii. Products of iron and steel foundries
xxiii. Manufacture of smelted and refined non-ferrous metals
xxiv. Manufacture of non-ferrous foundry products

c. Highly-Pollutive/Extremely Hazardous Industries

i. Manufacture of industrial alcohols and other basic industrial chemicals,
not elsewhere classified
ii. Manufacture of fertilizers and pesticides
iii. Manufacture of synthetic resins, plastic materials and man-mad fibers
except glass
iv. Petroleum refineries
v. Manufacture of reclaimed, blended and compound petroleum products
vi. Manufacture of miscellaneous products of petroleum and coal, not
elsewhere classified.

32
 d. Pollutive/Extremely Hazardous Industries
i. Manufacture of paints, varnishes, shellac and stains
ii. Manufacture of paint remover and other paint products
iii. Manufacture of matches
iv. Manufacture of tires and inner tubes
v. Manufacture of tires and inner tubes
vi. Manufacture of processed natural rubber not in rubber plantation and other
miscellaneous rubber products not elsewhere classified

e. Non-Pollutive/Extremely Hazardous Industries

i. Manufacture of compressed and liquefied gasses

f. Other uses incidental to agro-industrial activities not specified in this section.

Section 12.13. General Institutional Zone (GI-Z). This Zone shall be used primarily for
government, religious, cultural, educational, medical, civic, residential and supporting
commercial services uses.

a. Principal Uses:
i. Government or civic centers to house national, regional or local offices in
the area
ii. Police and fire stations
iii. Other types of government buildings
iv. Colleges, universities, professional business schools, vocational and trade
schools, technical schools and other institutions of higher learning
v. Learning facilities such as training centers, seminar halls and libraries
vi. Scientific, cultural and academic centers and research facilities except
nuclear, radioactive, chemical and biological warfare facilities
vii. Museums, exhibition halls and art galleries
viii. Convention center and related facilities
ix. Civic centers and community centers
x. General hospitals, medical centers, specialty hospitals, medical, dental and
similar clinics,
xi. Places of worship, such as churches, mosques, temples, shrines, chapels
xii. Seminaries and convents
xiii. Embassies/consulates
xiv. Parking buildings
xv. Parks, playgrounds, pocket parks, parkways, promenades and playlots

b. Accessory Uses:
i. Staff houses/quarters

33
 ii. Offices
iii. Eateries/canteens
iv. Parking lots/garage facilities
v. Storerooms and warehouses but only as may be necessary for the efficient
conduct of the business
vi. Pump houses
vii. Generator houses
viii. Retail store (not department store or shopping center)
ix. Restaurants and other food-serving establishments

Section 12.14. Government Center Zone (GCZ). This zone shall be used primarily for
Cabuyao City government functions, institutional and civic activities, and supporting
local community uses.

a. Principal Uses:
i. All principal and accessory uses in R-3 Zones and R-2 Zones
ii. All principal and accessory uses in INS Zone

b. Accessory Uses:
i. Office
ii. Personal service/repair
iii. General service/repair
iv. Bank, ATM, finance, insurance, money exchange service
v. Pawnshop/one-stop payment
vi. Auto-related shop (parts, sales, repair/service)

Section 12.15. Parks and Recreational Zones (PR-Z). These zones shall be used
primarily for leisure and recreational activities. The following uses shall be allowed in
these zones.

a. Principal Uses:
i. Parks, gardens, playground
ii. Aviary, zoo and other nature center
iii. Open air or outdoor sports activities
iv. Golf courses, ball courts, racetracks and similar uses
v. Memorial/Shrine monuments, kiosks and other park structures
vi. Sports club
vii. Underground parking structures/facilities
viii. River easements/Riverside parks

b. Accessory Uses:
i. Support facilities such as low-rise stadiums, gyms, amphitheaters,
auditoriums, multi-purpose halls, theaters, civic centers and swimming
pools

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 ii. Association office
iii. Security station
iv. Utility installation for the use of zone/lot occupants
v. Public utility facility
vi. Library, museum, exhibit area, art gallery
vii. Sporting goods/Souvenir shops
viii. Restaurant, canteen, other food serving establishment
ix. Massage/Sauna/Bathhouse facility
x. Parking structure
xi. Clubhouse
xii. Other sports/recreational facility incidental to recreational activities not
elsewhere specified

c. To preserve the functional character of the area as a recreational public open

space, the following acts are hereby prohibited:

i. Dumping of any form of waste products

ii. Mutilation, defacing or destroying objects of natural beauty, or objects of
interest that enhance the area’s scenic value
iii. Damaging and leaving roads, trails and footpaths in a damaged condition
iv. Squatting or otherwise occupying land
v. Constructing or maintaining any kind of structure, fence, or enclosures, or
conducting any business enterprise without permit
vi. Leaving in exposed or unsanitary conditions, refuse or debris or depositing
in the ground or in bodies of water; and
vii. Altering, removing, destroying trees, grass, shrubs and other form of
vegetation or defacing marks or signs.

Section 12.16. Waterfront Development Zone (WD-Z). This zone shall be used
primarily for outdoor park and related activities and supporting commercial, cultural,
entertainment, and tourist-oriented developments. This Zone shall serve as buffer
between the built-up area of the City and Laguna Lake as prescribed by existing laws.
Allowable uses under this zone are the following:

a. Principal Uses:
i. Parks, pocket parks, parkway, promenade, playground, playlots, garden,
aviary, nature center, with customary park structures such as park office
and maintenance facilities, gazebo, amphitheater, clubhouse, and sports
field/court
ii. Community/village association office
iii. Fire/security station
iv. Sports/recreation facility
v. Transit station/terminal/water-based transport terminal/fishing port
vi. Utility installation for use of zone/lot occupants

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 vii. Public utility facility
viii. Auditorium, theater, performance/civic center

b. Accessory Uses:
i. Sporting goods/souvenir shop
ii. Restaurant, canteen, food store, food cart, food kiosk, food stall, other
food serving establishments

Section 12.17. Watershed Protection Zone (WSP-Z). This zone shall cover the entire
area of watershed located within the territorial boundary of Cabuyao City. No
development or activities shall be allowed in this zone except for research and scientific
studies, and activities intended for the protection of the watershed.

Section 12.18. Open Space (OS-Z). This Zone includes but not limited to buffer zones,
easements, setbacks, scrubland, and tropical grass. No permanent development shall be
allowed within following waterway easements:

a. Three (3) meter easement of the built-up area

b. Twenty (20) meter easement of the agricultural area
c. Forty (40) meter easement of the forest area
d. One hundred (100) meter easement of the industrial zone

For San Cristobal River, the required easement shall be not less than 10 meters.

Furthermore, all lots within the five (5) meter easement on both sides of the fault shall be
remained open.

Section 12.19. Cemetery Zone (C-Z). This Zone shall be used primarily for burial and
relative activities.

a. Principal Uses:
i. Cemetery
ii. Crematorium
iii. Place of religious worship
iv. Mausoleum
v. Park, playground, garden, aviary, zoo and other nature center

b. Accessory Uses:
i. Cemetery administration office, services, and maintenance facilities
ii. Parking structure
iii. Fire/Security station
iv. Utility installation for the use of zone/lot occupants
v. Public utility facility

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Section 12.20. Utilities, Transportation, and Services Zone (UTS-SZ). This Zone shall
be used primarily for utility functions

a. Principal Uses:
i. Power substation
ii. Telecommunication Sites
iii. Water pumping station
iv. Terminal/Transit station, depot, transportation infrastructure
v. Seaport/airport
vi. Park, playground, garden

b. Accessory Uses:
i. Petroleum filling kiosk
ii. Retail/Service activity (only in terminal/transit station)
iii. Fire/Security Station

Section 13. Special Uses. In addition to the above mentioned uses allowed in the City in
respective zones, special uses such as but not limited to Telecommunication Facilities,
Crematorium, Columbarium, Funeral/Memorial Services, Petrol filling Station, and
Gaming Facility shall be allowed in the City. An Implementing Rules and Regulations
(IRR) for these special uses shall be formulated by the City Government of Cabuyao
through the City Planning and Development Office (CPDO), which shall be adopted by
the Sangguniang Panlungsod. The location and technical and documentary requirements
of these special uses shall be specified in the IRR. Likewise the special uses shall be in
accordance to provisions of existing applicable laws.

Section 14. Zoning Incentives. Density bonuses, such as through allowable building
height increases, may be provided as incentives for projects that use CCA/DRRM
technology or innovations, i.e. use of solar panels, rainwater harvesting, smart urban
drainage systems, green architecture/ building systems. Similar incentives may also be
given to projects that provide wider setbacks, increased ground level open spaces,
provides public infrastructure or conserve heritage sites.

37
 ARTICLE VI
GENERAL REGULATIONS

Section 15. Height Regulations. Building density shall be controlled by building height.
The Maximum building height in the City is 18 meters. In all cases, building height must
conform to the height restriction and requirements of the Civil Aviation Authority of the
Philippines (CAAP) as well as the requirements of the National Building Code (NBC)
and Structural Code of the Philippines as well as all laws, ordinances, design standards,
rules and regulations related to the land development and building construction and the
various safety codes. Exempt from the imposition of height regulation are church
structures, covered courts, utilities, and other structures not covered by height regulations
of the National Building Code and/or Air Transportation Office.

Section 16. Area Regulations. Area regulations in all zones shall conform to the
applicable minimum requirements of existing laws, codes and regulations 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. PD 1185 – Fire Code
6. PD 856 – Sanitation Code
7. RA 6541 – Structural Code
8. Batas Pambansa 344 – Accessibility Law
9. Rules and Regulations – HLURB Town Planning and Zoning Program
10. CA 141 or Public Land Act – public lands, including foreshore and reclaimed
lands;
11. PD 705 or Revised Forestry Code – forestlands;
12. PD 1076 or Water Code of the Philippines – inland and coastal waters, shorelines
and riverbank easements;
13. RA 6657 or Comprehensive Agrarian Reform Law – agrarian reform lands.
14. RA 7279 or Urban Development and Housing Act (UDHA) – socialized housing
and settlements development;
15. RA 7586 or National Integrated Protected Areas Act – protected areas in both
land and seas;
16. RA 7942 or Philippine Mining Act – mining areas;
17. RA 8371 or Indigenous People’s Rights Act (IPRA) – ancestral lands;
18. RA 8435 or Agriculture and Fisheries Modernization Act (AFMA) – SAFDZs
and prime agricultural lands;
19. RA 8550 or Revised Fisheries Code – municipal waters and coastal zones;
20. RA 9593 or Philippine Tourism Act – tourism zones and estates
21. RA 9729 or Philippine Climate Change Act, as amended;
22. RA 10066 or Philippine Cultural Heritage Act – cultural and heritage zones/areas;

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 23. RA 100121 or Disaster Risk Reduction and Management Act – disaster-prone and
geo-hazard areas; and
24. Other relevant guidelines promulgated by the national agencies concerned.

Road Setback Regulations. The following road setback regulations shall be applied.

ROAD SETBACK

MAJOR
TERTIARY ROAD
THOROUGFARE SECONDARY
ZONE 6 METERS AND
30 MTS. & ROAD
CLASSIFICATION ABOVE BELOW

Diversion/Railway Provincial Municipal/Barangay

Residential 10 m 10 m 3m
Commercial 20 m 20 m 7m
Industrial 30 m 25 m 10 m
Agricultural 20 m 20 m 7m
Agro-Industrial 30 m 25 m 10 m
Institutional 20 m 20 m 10 m
Parks & Recreation 10 m 10 m 3m
Forest 30 m 25 m 10 m
Source: Department of Public Works and Highways

The road setback requirement of DPWH starts from the edge of the road right-of-way
(RROW). For major thoroughfares and roads with established grade, 15 meters setbacks
for residential areas are allowed. The required setbacks are already annotated on the titles
of affected property owners.

Additional setback

- 3 meters on main roads

- 1.5 meters on Municipal roads

Section 17. Easements. Pursuant to the provision of the water code, the banks and rivers
and streams and the shores of the seas and lakes throughout their entire length and within
a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and
forty (40) meters in forest areas along their margins, are subject to easement of public use
in the interest of recreation, navigation, 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 structures of any kind.

39
Section 18. Buffer Regulations. A buffer of three (3) meters shall be provided along
entire boundary length between two (2) or more conflicting zones allocating 1.5 meters
from each side of the district boundary. Such buffer strip should be open and not
encroached upon by any building or structure and should be put off the yard or open
space. Provided that the buffer zone between the Industrial zone and all other zones shall
be at least 10 meters.

Incompatible land utilization will be discouraged within each zone or near zone
boundaries. These restrictions include but may not be limited to the following:

1. Construction or maintenance of entertainment centers or similar commercial areas

within one hundred (100) meters from town centers, hospitals, schools, churches
and tourism areas;

2. Building or maintenance of noise or odor emitting cottage industries near town

centers, hospitals, schools, churches, and tourism areas.

For the Waste Management Zone (WMZ), construction of any establishment including
residential dwelling within two hundred (200) meters radius from its zone boundary shall
be prohibited.

Section 19. Specific Provisions in the National Building Code. Specific provisions
stipulated in the National Building Code (PD 1096) as amended thereto relevant to traffic
generates advertising and business signs, erection of more than one principal structure,
dwelling or rear lots, access yard requirements and dwelling groups, which are not in
conflict with the provisions of the Zoning Ordinance, shall be observed.

Section 20. Advertising, 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 locational clearance from the Zoning Administrator/Zoning
Officer. Locational 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,
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/ Zoning Officer. Temporary signs and billboards for not more than two
months may be allowed by the Zoning Officer/Administrator upon payment of
corresponding fees to the City. 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 there from.

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 ARTICLE VII
PERFORMANCE STANDARDS

Section 21. Application of Performance Standards. The following performance

standards are intended to ensure land use and neighborhood compatibility. Proposed
developments shall comply with the applicable performance 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. These shall be enforced through the Implementing Guidelines that is made
part of this ZO.

Section 22. Environmental Conservation and Protection Standards. It is the intent of

the ZO to protect the natural resources of the City. 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. Deep wells shall not be allowed unless a Water Permit is obtained from the
National Water Resources Board.

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 storm water. Streams, watercourses, wetlands, lakes or ponds
shall not be altered, re-graded, developed, piped, diverted or built upon.

4. All developments shall ensure that storm water runoff shall be controlled through
appropriate storm water drainage system design.

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’s latest 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’s latest Effluent Quality Standards for Class “C” Inland Waters;

41
 8. Developments 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;

10. All developments, particularly those in sloping areas, shall undertake adequate
and appropriate slope and erosion protection as well as soil conservation
measures;

11. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke, gas
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’s latest Air
Quality Standards.

12. Developments that generate a significant volume of solid waste shall provide
appropriate solid waste collection and disposal systems and facilities.

13. 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.

Section 23. Agricultural Land Conservation and Preservation Criteria. Agricultural

lands are recognized as valuable resources that provide employment, amenity and bio-
diversity. All agricultural lands in the City shall not be prematurely re-classified.
Requests for re-classification shall be evaluated on the merits of conditions prevailing at
the time of application, compatibility with the CLUP, and subject to the provisions of
Memorandum Circular No. 54 Prescribing the Guidelines Governing Section 20 of RA
7160...Authorizing Cities and Municipalities to Reclassify Agricultural Lands into Non-
Agricultural Uses. Applications for agricultural land re-classification approved by the
City shall be submitted to the Sangguniang Panlalawigan for review and approval.

Section 24. Network of Green and Open Spaces. The City intends to develop a network
of green and open spaces as a way to minimize the occurrence of urban heat islands.
Developments shall conform to the following provisions, as applicable:

1. All residential, commercial, industrial and mixed-use subdivisions, in compliance

with the rules and regulations of PD 1216, PD 953, PD 957 and BP 220, are
respectively required to provide tree-planted strips along their internal roads.

2. Similar developments shall also be required to provide landscaped tree parks that
may be made part of the open space requirements mandated by PD 957, BP 220

42
 and related laws, These mandated open spaces shall be classified as non- alienable
public lands, and non-buildable.

3. Roof decks of all buildings shall be landscaped, as applicable.

4. Parking lots having at least 20 car parking slots shall be:

a. Landscaped with suitable trees. The minimum height of trees at the time of
securing an Occupancy Permit shall be 1.80 meters from the base to the
crown.

b. 50% paved with permeable or semi-permeable materials such as grass, gravel,

grass pavers and the like.

Section 25. Site Development Standards. The City consider 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.

Further, designs should consider the following:

1. 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.

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

prior written consent which shall be required by the Zoning Administrator/Zoning
Officer prior to the granting of a Locational Clearance;
3. 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.

4. Developments, such as shopping malls, schools, places of worship, markets,

sports stadia and the like, which attract a significant volume of transportation,
such as PUVs and, private vehicles shall provide adequate 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.

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

be provided to all noise and vibration-producing operations. Noise levels shall be
maintained according to levels specified in DENR’s latest guidelines on the
Abatement of Noise and Other Forms of Nuisance.

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

7. Fencing along roads shall be see-through. Side and rear fencing between adjacent
lots (not facing a road) may be of opaque construction materials.

Section 26. Infrastructure Capacities. All developments shall not cause excessive
requirements at public cost for public facilities and services. All developments shall
exhibit that their requirements for public infrastructure (such as roads, drainage, 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 Assessment Study. All development proposals in flood prone

areas and all major proposals likely to affect the existing drainage regime,
including commercial-residential buildings or condominiums, shopping malls,
public markets, schools, universities, residential and industrial, and other similar
developments 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.

2. Traffic Impact Statement. Major, high intensity facilities such as commercial-

residential buildings or condominiums having four floors and above, shopping
malls, public markets, transportation terminals/ garages, schools, universities,
residential and industrial subdivisions, cock fighting arena, sports stadia and other
similar developments shall be required to submit Traffic Impact Statements. Other
traffic generating developments, as determined by the Zoning
Administrator/Zoning Officer, shall be required to submit the same.

44
 ARTICLE VIII
MITIGATING DEVICES

Section 27. Deviation. Variances and/ or Exceptions from the provisions of this
Ordinance may be allowed by the Local Zoning Board of Appeals (LZBA) only when the
following terms and conditions exist:

1. Variances (deviation from applicable Building Bulk and Density Regulations,

Building Design Regulations and Performance Standards). Variance may be
allowed provided that proposals satisfy all of the following provisions:

a. Conforming to the provisions of the Ordinance will cause undue hardship on

the part of the owner of the property due to physical conditions of the property
(topography, shape, etc.), which is not self-created.

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

reasonable use of the property.

c. The variance will not alter the intended physical character of the zone and
adversely affect 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.

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

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

2. Exceptions (deviations from Allowable Use provisions). 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.

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.

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

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Section 28. Procedures for Evaluating Variances and/or Exceptions. The procedure
for evaluating applications for Variances and/or Exceptions is as follows:

1. The project proponent shall file a written application for Variance and/or
Exception with the LZBA citing the section(s) of this Ordinance 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 LZBA has rendered a decision on the application.

3. The LZBA shall conduct preliminary studies on the application. These application
papers shall be made accessible to the public.

4. A written affidavit of no objection to the project by the owners of the properties

immediately in front of and abutting the project site shall be filed by the applicant
with the LZBA within fifteen (15) days upon filing of application.

5. The LZBA shall hold public hearing(s) to be held in the concerned barangay.

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 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(s).

All expenses to be incurred in evaluating proposals for Variances and/ or Exceptions

shall be shouldered by the project proponent.

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 ARTICLE IX
ADMINISTRATION AND ENFORCEMENT

Section 29. Approved Zoning Maps. The Approved City Zoning Maps, printed in
standard color codes and with minimum dimensions of 1.20m x 1.20m, shall be posted at
the following offices:
Office of the Mayor
Office of the Zoning Administrator
City Planning and Development Office
City Assessor’s Office
City Engineer’s Office
City Agrarian Reform Office
City Agriculture Office
City Environment Office

Zoning maps for each barangay shall be posted at respective barangay halls for public
information and guidance of barangay officials. These should similarly be printed in
standard color codes and minimum dimensions of 1.20m x 1.20m.

Section 30. Locational Clearance. All owners/developers shall secure Locational

Clearance from the Zoning Administrator/ Zoning Officer or, in cases of Variances
and/or Exceptions, from the LZBA prior to conducting any activity or construction on
their property/land. This will include property/ land located in Forest Lands, Special
Economic Zones and other areas administered by national and special agencies, except
for facilities for national security as certified by the Department of National Defense.

Section 31. Project of National Significance. Based on established national standards

and priorities, the HLURB shall continue to issue locational clearances for projects
considered to be of vital and national or regional economic or environmental
significance. Unless otherwise declared by the NEDA Board, all projects shall be
presumed locally-significant. (Para. 2 Section 3a, of EO 72).

Section 32. Major and/or Innovative Projects. 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.

Section 33. Subdivision Projects. All owners and/or developers of subdivision projects
shall, in addition to securing a Locational Clearance, be required 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 and in
accordance with the procedures laid down in EO 71, Series of 1993.

47
Proposed subdivision projects shall prepare their respective Deed Restrictions (to 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. Proof of compliance of future projects with the provisions of the Deed Restrictions
for the said subdivision shall form part of the requirements for Locational Clearance.

Section 34. Planned Unit Development Projects. Proposed Planned Unit Developments
(PUD) projects shall be accompanied by Comprehensive Development Master Plans
(CDMPs) showing, at the minimum, proposed land uses, building density and bulk, road
network layout, road and sidewalk section details, and master layouts of all utilities such
as those for potable water, storm drainage, sewerage, power supply, telecommunication
and solid waste management.

CDMPs shall also be provided with Deed Restrictions where, upon approval of the
Zoning Administrator/Zoning Officer or LZBA, as the case may be, proof of compliance
of future projects on the said PUD site shall form part of the requirements for Locational
Clearance.

Section 35. Environmental Compliance Certificate. No Locational Clearance shall be

issued to proposals covered by the EIS System unless the requirements of ECC have
been complied with.

Section 36. Building Permit. No Building Permit shall be issued by the City Building
Official without a valid Locational Clearance in accordance with the integrated ZO.

Section 37. Business Permit. 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.

Section 38. Occupancy Permit. No Occupancy Permit shall be issued by the Local
Building Official without certification from the Zon8ng Administrator/Zoning Officer
that the building has complied with the conditions stated in the Locational Clearance.

Section 39. Validity of Locational Clearance. Upon issuance of an LC, the grantee
thereof shall have one year within which to commence or undertake the use, activity or
development covered by such clearance on his property. Non–use of LC within said
period shall result in its automatic expiration, cancellation and the grantee shall not
proceed with his project without applying for a new clearance. 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.

Section 40. Notice of Non-Conformance. Upon approval of this Ordinance, the Zoning
Administrator/Zoning Officer shall immediately issue Notices of Non-Conformance to
existing non-conforming uses, buildings or structures. The said Notice of Non-

48
Conformance shall cite provisions of this Ordinance to which the existing use, building or
structure does not conform to. The same Notice shall also inform the owner of said non-
conforming use, building or structure of the conditions for the continued use of the same
as provided in the following section. It may also provide conditions by which the non-
conforming use can reduce its non- conformity.

Section 41. Existing Non-Conforming Uses, Buildings and Structures. The lawful
uses of any building, structure or land at the time of adoption or amendment of this
Ordinance may be continued, although such uses do not conform with the provisions of
the integrated ZO, provided:

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

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

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

3. A vacant/idle building or structure may not be used for non-conforming activity;

4. That any non-conforming building/structure 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. That should such non-
conforming portion of any building/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 this Ordinance.

5. That no such non-conforming use maybe moved to displace any conforming use;

6. That no such non-conforming use and/or structure may be expanded or altered in

a way which increases its non-conformity, but any structure or portion thereof
may be altered to decrease its non-conformity.

7. That should such use and/or structure be moved for any reason to whatever
distance, it shall thereafter conform to the regulation of the zone in which it is
moved or relocated.

8. That such non-conforming use and/or structure should not cause nuisance effects
to its neighborhood, such as but not limited to pollution of whatever form (air,
noise, land, water, etc.), undesirable traffic (whether vehicular or pedestrian) and
the like and should further not pose health and safety hazards and as further
provided in the Performance Standards provision of this Ordinance.

49
 9. The owner of a non-conforming use and/or structure shall program the phase-out
and relocation within ten (10) years from the effectivity of this Ordinance.

Section 42. Responsibility for Administration and Enforcement. This Ordinance shall
be enforced and administered by the Local Chief Executive through the Zoning
Administrator/Zoning Officer who shall be appointed by the former in accordance with
existing rules and regulations on the subject.

Section 43. Qualifications of the Zoning Administrator/Zoning Officer. The Zoning

Administrator/Zoning Officer should preferably be a registered and licensed
Environmental Planner in accordance with RA No. 10587 also known as the
Environmental Planning Act of 2013, or must possess the qualifications for taking the
licensure examination as provided therein within five (5) years after the effectivity of this
Act.

Section 44. Powers and Functions of a Zoning Administrator/Zoning Officer.

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

1. Enforcement
a. Act on all applications for Locational Clearance
b. Issuance of Notice of Non-Conformance to owners/ operators of uses,
buildings or structures that are non-conforming to the applicable provisions of
this Ordinance.
c. Monitor on-going/existing projects 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 integrated ZO.
d. Coordinate with the Philippine National Police (PNP) for enforcement of all
orders and processes issued in the implementation of this Ordinance.
e. Coordinate with the City Fiscal and/or City Legal Officer for other legal
actions/remedies relative to the foregoing.

2. Planning. Coordinate with the Regional Office of the HLURB regarding proposed
amendments to the integrated ZO prior to adoption by the Sangguniang
Panlungsod.

Section 45. Complaints and Oppositions. A complaint for violation of any provision of
the integrated ZO or any clearance or permit issued pursuant thereto shall be filed with
the LZBA. Oppositions to applications for Locational Clearance, Variance or Exception
shall be treated as a complaint and shall likewise be filed with the LZBA.

Section 46. Functions and Responsibilities of the Local Zoning Board of Appeals.
There is hereby created a LZBA which shall perform the following functions and
responsibilities:

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 1. Act on applications of the following nature:
1. Variances
2. Exceptions
3. Non – Conforming Uses
4. Complaints and Oppositions to Application/s

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

Administrator/ Zoning Officer.

3. Act on appeals regarding the non-conformity of existing uses, buildings or

structures to the applicable provisions of this Ordinance.

4. Decisions of the LZBA shall be carried by an absolute majority vote (50% + 1) of

its members.

Section 47. Appeals to LZBA Decisions. Decisions of the LZBA may be appealable
to the HLURB.

Section 48.Composition of the Local Zoning Board of Appeals (LZBA). The LZBA
shall be composed of the following members:

1. City Mayor as Chairman

2. SP Committee Chairperson on Land Use/Zoning (If said committee is non-
existent, the SP/SB may elect a representative)
3. City Legal Officer
4. City Assessor
5. City Engineer
6. City Planning and Development Coordinator and/or Administrator/Zoning Officer
7. City Community Environment and Natural Resources Officer/Disaster Risk
Reduction and Management Officer
8. Two (2) representatives of the private sector nominated by their respective
organizations
9. Two (2) representatives from non-government and civil society organizations
nominated by their respective organizations.

The City Planning and Development Office shall serve as the Secretariat to the LZBA.
The LZBA may invite resource persons in support of the performance of its functions.

Section 49. Review of the Zoning Ordinance. The Local Zoning Review Committee
(LZRC) is hereby created under the City Development Council, to review the integrated
ZO considering the CLUP, based on the following reasons/ situations:
1. Updating/Revision of the CLUP
2. Introduction of projects of national and/ or local significance
3. Force majeure events with City-wide land use implications
4. Petition for re-zoning/re-classification with City-wide implications
5. Increasing number of applications/issuances invoking Variances and Exceptions

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Section 50. Composition of the Local Zoning Review Committee (LZRC). The
Local Zoning Review Committee shall be composed of the following:
1. Sangguniang Panlungsod Chairperson on Land Use/Zoning (or equivalent
committee)
2. City Planning and Development Coordinator
3. City Zoning Administrator/Zoning Officer
4. City Assessor
5. City Legal Officer
6. City Engineer
7. City Community Environment and Natural Resources Officer/Disaster Risk
Reduction and Management Officer
8. City Agriculturist
9. City Agrarian Reform Officer
10. President, Association of Barangay Captains
11. Three (3) Private Sector Representatives such as from Local Chamber of
Commerce, local housing industry, federation of homeowner’s associations, and
academe.
12. Two (2) non-government and civil society organization representatives

The City Planning and Development Office shall serve as the Secretariat to the LZRC.
The LZRC may invite resource persons in support of the performance of its functions.

Section 51. Functions of the Local Zoning Review Committee. The Local Zoning
Review Committee shall have the following functions:

1. Review the Zoning Ordinance for the following purposes:

a. Determine amendments or revisions necessary in the Zoning Ordinance
because of changes that might have been introduced in the Comprehensive
Land Use Plan.
b. Recommend changes to be introduced in the Comprehensive Land Use Plan
and the Zoning Ordinance in the light of permits granted such as variances
and exceptions, and increasing applications for rezoning and reclassification.

2. Recommend to the Sangguniang Panlungsod necessary legislative amendments on

the needed changes in the integrated ZO as a result of the review conducted.

3. Coordinate with HLURB of the recommended changes to the integrated ZO as a

result of its review.

Section 52. Amendments to the integrated ZO. Changes in the integrated ZO, as a
result of the review by the LZRC shall be treated as an amendment, provided that any
proposed amendment to the Zoning Ordinance or provisions thereof shall be subject to
public hearing and shall be carried out through a three-fourths vote of the Sangguniang
Panlungsod. Any amendment shall take effect only after approval and authentication by
HLURB or Sangguniang Panlalawigan.

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Section 53. Violation and Penalty. Any person who violates any of the provisions of
this Ordinance, shall, upon conviction, be punished by a fine not exceeding the latest
HLURB Schedule of Fees and Fines or an imprisonment for a period not exceeding six
(6) months (for municipalities) and not exceeding one (1) year for cities or both at the
discretion of the Court. In case of violation by a corporation, partnership or association
the penalty shall be imposed upon the erring officers thereof.

Section 54. Suppletory Effect of Other Laws and Decrees. The provisions of this
Ordinance shall be without prejudice to the application of other laws, presidential
decrees, letters of instruction 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 Comprehensive Land Use Plan of the City.

Section 55. Non-Diminution of National Standards. 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.

Section 56. Consistency between National and Local Plans, Programs and Projects.
Plans, programs and projects of national agencies that will be implemented within the
locality, shall as much as practicable, be consistent with the provisions of the ZO.

Section 57. Separability Clause. Should any section or provision of this Ordinance be
declared by the Courts to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole or any part thereof other than the part so declared to
be unconstitutional or invalid.

Section 58. Repealing Clause. All ordinances, rules or regulations in conflict with the
provisions of this Ordinance are hereby repealed, provided that the rights that are vested
upon the effectivity of this Ordinance shall not be impaired.

Section 59. Effectivity Clause. This Zoning Ordinance takes effect upon approval by the
Sangguniang Panlalawigan (SP)/Housing and Land Use Regulatory Board (HLURB) and
after compliance with the publication requirements of the Local Government Code.

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Approved this ____ day of ______________ 2019 in the City of Cabuyao, Laguna.

I hereby certify that the foregoing Ordinance was adopted and approved by the
Sangguniang Panlungsod of Cabuyao in Regular Session held on the date and place given
above.

Certified true and correct by:

___________________________
Sanggunian Secretary

Attested by:

____________________________
Presiding Officer

Approved by:

________________________________________
City Mayor

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