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PART 3 - Amended Zoning Ordinance

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Introduction

Zoning is the division of a municipality into zones or sub-zones (e.g. commercial, residential, industrial,
institutional, agricultural, forest, 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. It takes the form of a locally
enacted ordinance which provides, among others, regulations affecting uses allowed or disallowed in each zone or
sub-zone, conditions for allowing them, and procedures on evaluating deviations.
Zoning is concerned primarily with the use of land and the regulation of development through imposition of
building heights, bulk, open space, and density provisions in a given area.

1.0 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 municipality by employing a system that allows the
adequate evaluation of development proposals in both public and private lands.

2.0 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.

2.1. 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.”

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.”

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2.2. Section 20 of RA 7160, Local Government Code of
the Philippines
Reclassification of Lands
1. A 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 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.

2.3. 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;

2.4. P.D. 1396 (Amending P.D. 933), creating the


Ministry of Human Settlements, renaming the Human
Settlements Commission as the Human Settlements
Regulatory Commission
“It is hereby declared to be the policy of the government to foster the growth and renewal of our communities, both

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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.”

2.5. 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.”

2.6. Section 5, Executive Order 648, Reorganizing


the Human Settlements Regulatory Commission
1. The Housing and Land Use Regulatory Board (HLURB) shall:
2. “Promulgate zoning and other land use control standards and guidelines which shall govern land use
plans and zoning ordinances of local governments XXX”
3. “Review, evaluate and approve or disapprove comprehensive land use development plans and zoning
ordinances of local governments XXX”
4. “Issue rules and regulations to enforce the land use policies on human settlements as provided for in PDs
No, 399, 815, 933, 957, 1216, 1344, 1396, 1517, LOIs No. 713, 729, 935 and other related laws
regulating the use of land XXX”

2.7. PD 933 and Executive Order 648, as amended by


EO 90, empowering the HLURB to review and
approve or disapprove land use plans of cities and
municipalities
The aforesaid laws likewise authorize the HLURB to prescribe the standards and guidelines governing the
preparation of land use plans, to monitor the implementation of such plans and to adjudicate and settle the
disputes among LGUs over their land use plans and zoning programs.

2.8. 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.

MUNICIPAL ORDINANCE NO. ________

Series of 2018

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AN ORDINANCE AMENDING THE INTEGRATED ZONING
REGULATIONS OF THE MUNICIPALITY OF LEMERY AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF AND FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT THEREWITH.

Be it ordained/ enacted by the Sangguniang Bayan of Lemery.

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 Bayan of Lemery in a session assembled


hereby adopts the following integrated Zoning Ordinance.

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Article I
Title of the Ordinance
Section 1. Title of the Ordinance
This Zoning Ordinance shall be known as the Integrated Zoning Ordinance (ZO) of the Municipality of Lemery,
Batangas and shall hereinafter be referred to as the Ordinance or Zoning Ordinance

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 municipality, through the Sangguniang Bayan,
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 1067Water Code,
PD 1096National Building Code, and Executive Order No. 72.

Section 3. Purposes
The ZO is enacted for the following purposes:
 Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the
Municipality;
 Guide, control and regulate the growth and development of public and private lands in Lemery, Batangas in accordance
with its Comprehensive Land Use Plan (CLUP);
 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; and
 Enhance the character and stability of residential, commercial, industrial, institutional, forestry, agricultural, open
space and other functional areas within the Municipality of Lemery and promote the orderly and beneficial
development of the same.

Section 4. General Zoning Principles


These Zoning Regulations are based on the principles provided for in the approved Comprehensive Land Use Plan
as per SB Resolution No. __________ dated___________, as follows:
1. The Ordinance reflects the Municipality’s vision to be "A center of trade and commerce with an ecologically
balanced environment, peaceful, safe, and orderly community
2. The local government unit 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;

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3. The Ordinance gives the free market the maximum opportunity to spur the Municipality’s development within a
framework of environmental integrity and social responsibility;
4. The Ordinance has been designed to encourage the evolution of high-quality developments rather than regulating
against the worst type of projects;
5. The Ordinance has been crafted in a manner that is fully responsive to the ever-changing conditions that the
Municipality of Lemery continually face;
6. 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;
7. The Ordinance provides a direct venue for community empowerment where the stakeholders become involved
especially in critical development decisions; and
8. 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.

Article III
Definition of Terms
The definition of the terms used in this Zoning Ordinance shall carry the same meaning given to them in already
approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine
Environmental Code and other Implementing Rules and Regulations promulgated by the Housing and Land Use
Regulatory Board. The words, terms and phrases enumerated hereunder shall be understood to have the
corresponding meaning indicated as follows:

Absolute Majority Vote - means that the “in favor” votes represent more than 50 percent of the valid votes. This is
also called the 50% + 1 vote.
Accessory Use - pertains to those that are customarily associated with the Principal Use application (such as a garage is
accessory to a house).
Actual Use – refers to the purpose for which the property is principally or predominantly utilized by the person in
possession of the property.
AFMA – shall refer to the Agriculture and Fisheries Modernization Act of 1997 or RA 8435.
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 Land Use Conversion – per RA 6657, refers to the process of changing the use of agricultural land to
non-agricultural uses.
Agricultural Zone (AGZ) – an area within the municipality of Lemery 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…
(AFMA) Agri-Industrial Zone (AgIndZ)- an area within a municipality intended primarily for integrated farm
operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc.
Agro-Forestry – land management which combines agricultural crops with tree crops and forest plants and/or animals
simultaneously or sequentially and applies management practices which are compatible with the cultural patterns of
the local population.
Allowable Uses- uses that conform to those allowed in a specific zone.

Ancestral Lands– refer to land occupied, possessed and utilized by individuals, families and clans who are members of
the ICCs/IPs…”(IPRA).
Aquaculture Sub-Zone (Aq-SZ)–an area within the Municipal Waters Zone of the municipality designated for
“fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and
marine water areas” (Fisheries Code).

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Aquasilviculture–an environment-friendly mangrove aquaculture system, aquasilviculture promotes the harmonious
co- existence between fishery species and mangrove trees in a semi-enclosed system. In many regions, the trainees
are taught pen design and construction and mud crab culture. The culture system helps in providing alternative
livelihood to fisherfolk while instilling in them the value of coastal protection and maintenance of the ecosystem.
Base Flood Elevation – the elevation to which floodwater is expected to reach during flood events as calculated by the
regional office of the DPWH.
Base Zones – refers to the primary zoning classification of areas within the municipality and that are provided with a
list of allowable uses and regulations on building density and bulk, among others.

Buffer/Greenbelt Zone (B/GZ) – an area within the municipality that are yards, parks or open spaces intended to
separate incompatible elements or uses to control pollution/ nuisance and for identifying and defining development
areas or zones where no permanent structures are allowed.
Building Height Limit (BHL) - per the National Building Code, this is “the maximum height 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 is expressed as the
number of allowable storey’s/floor above established grade and/ or meters above highest grade.
Cemetery/Memorial Park Zone (C/MP-Z) – an area in the municipality intended for the interment of the dead.

Certificate of Non- Conformance – certificate issued to Owners of non-conforming uses as provided in this Zoning
Ordinance.
Central Business District (CBD)– shall refer to areas designated principally for trade, services and business purposes.

Class "AA" Slaughterhouse/Abattoir – those with facilities and operational procedures sufficiently adequate that the
livestock and fowls slaughtered therein is suitable for sale in any market within the country.
Compatible Uses – different uses capable of existing harmoniously within a zone, e.g. residential and parks and
playground uses subject to the conditions stipulated in the Zoning Ordinance.
Comprehensive Land Use Plan (CLUP)– is a technical document embodying specific proposals and strategies for
guiding, regulating growth and/or development that is implemented through the Zoning Ordinance. The main
components of the Comprehensive Land Use Plan in this usage are the land use plan and sectoral studies including
Demography, Ecosystems Analysis (Terrestrial and Coastal),and Special Area Studies such as Climate Change
Adaptation, Disaster Risk Reduction and Management, Ancestral Domain, Biodiversity, Heritage Conservation and
Green Urbanism.
Conflicting Uses – uses or land activities with contrasting characteristics and adjacent to each other e.g. residential
units adjacent to industrial plants.
Conforming Use – a use that is in accordance with the zone regulations as provided for in the Ordinance
Critical Habitat Overlay Zone (CH-OZ) – an area in the municipality determined to be essential to the conservation
of a listed species, though the area need not actually be occupied by the species at the time it is designated.
Deed Restrictions - written agreements that impose limitations on the use of property in order to maintain the intended
character of a neighbourhood.
Delta/Estuary Sub-Zone (D/E-SZ) – an area within the Municipal Waters Zone of a municipality characterized by a
landform at the mouth of a river where it flows into an ocean, sea, estuary, lake or reservoir that is formed by
deposition of sediments carried by the river.
Easement – open space imposed on any land use/activities sited along waterways, fault lines, road-rights-of-way,
cemeteries/memorial parks, utilities and the like.
Established Grade – the finish ground level of a proposed development which shall be determined according to the
provisions of the latest edition of the National Building Code.
Ecotourism – a form of sustainable tourism within a natural and cultural heritage area where community participation,
protection and management of natural resources, culture and indigenous knowledge and practices, environmental
education and ethics, as well as economic benefits are fostered and pursued for the enrichment of host communities
and the satisfaction of visitors.” (Tourism Act and DENR AO2013-19 Guidelines on Ecotourism Planning and
Management in Protected Areas)
Ecotourism Overlay Zone (ETM-OZ) –an area in the municipality intended for eco-tourism uses.
Environmentally Constrained Areas – areas prone to natural hazards, such as those related to weather, hydrologic, and
geologic disturbances. These hazards cover those that are weather and water-related, earthquake-induced, volcanic and
erosion-related.

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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;
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.
 Coral reef characterized by one or any combination of the following conditions:
 with 50% and above live coralline cover;
 spawning and nursery of fish ; and
 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.

Environmentally Critical Projects (ECP) – 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.
Environmental Impact Statement (EIS) System – pursuant to PD 1586 of 1978, refers to the entire process of organization,
administration and procedure institutionalized for the purpose of assessing the significance of the effects of physical
developments on the quality of the environment. Projects that fall within the purview of the EIS System include:
a. Environmentally Critical Projects
b. Projects located in Environmentally Critical Areas
Estuary – a partially enclosed body of water along the coast where freshwater from rivers and streams meets and mixes
with salt water from the ocean.
Exception – a device which grants a property owner relief from certain provisions of the Ordinance where because of
the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or

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a desire to make more money.
Fisheries Code – shall refer to the Philippine Fisheries Code of 1998 (RA 8550).
Fishery Refuge and Sanctuary Sub-Zone (FRS-SZ) – an area within the Municipal Waters Zone of a municipality
“where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human
access may be restricted.” (Fisheries Code)
Fishery Reserve Sub-Zone (FyR-SZ) – an area within the Municipal Waters Zone of a municipality “where activities
are regulated and set aside for educational and research purposes.”(Fisheries Code).
Fish Pond - “a land-based facility enclosed with earthen or stone material to impound water for growing
fish.”(Fisheries Code).
Flood Overlay Zone (FLD-OZ) – an area in a municipality that have been identified as prone to flooding and where
specific regulations are provided in order to minimize its potential negative effect to developments.
Flood Protection Elevation – the minimum elevation to which developments are required by this Ordinance to be
elevated, with reference to the Base Flood Elevation, in order to be flood proofed.

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.
Foreshore Land Sub-Zone (FL-SZ) –an area within the Municipal Waters Zone of a municipality defined as a “string
of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin
of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm”
(Fisheries Code).
Forest – refers to either natural vegetation or plantation of crops mainly of trees, or both, occupying a definable,
uninterrupted or contiguous area exceeding but not less than one hectare with tree crown covering at least ten
percent (10%)of the areas, exclusive of the associated seedlings, saplings, palms, bamboos and other undercover
vegetation. A natural forest is a stand dominated by trees whose structure, functions and dynamics have been largely
the result of natural succession process. A natural forest is classified as either 1) primary or virgin forest which has
not never been subjected to significant human disturbance, or has not been significantly affected by the gathering of
forest products such that its natural structure, functions and dynamics have not undergone any major ecological
change; or 2) secondary or residual forest that maybe classified into either degraded or productive type (DENR
DAO No. 99-53).
Forest Buffer Sub-Zone (FB-SZ) – an area within the Forest Zone of a municipality which are “outside the boundaries
and immediately adjacent to designated protected areas that need special development control in order to prevent or
minimize harm to the protected area (NIPAS Act).”
Forest Lands –“include the public forest, permanent forest or forest reserves, and forest reservations”(PD 1559.
Further Amending PD 705, otherwise known as the Revised Forestry Code of the Philippines. 1978).

Forest Zone (FZ) – an area within a municipality which are intended primarily for forest purposes. This includes
Forest Lands and areas outside of Forest Lands that are declared for forest purposes by this Ordinance.
Forestry Code – refers to Presidential Decree No. 705 or the Revised Forestry Code of the Philippines, as amended.
Commercial Zone (C-Z) – an area within a municipality intended for trading/services/ business purposes.
Institutional Zone (I-Z) – an area within a municipality intended principally for general types of institutional
establishments, e.g. government offices, hospitals/ clinics, academic/research and convention centers.
Residential Zone (R-Z) – an area within a municipality intended principally for dwelling/ housing purposes.
Gross Floor Area (GFA) – the GFA of a building is the total floor space within the perimeter of the permanent
external building walls, occupied by:
 Office areas
 Residential areas
 Corridors
 Lobbies
 Mezzanine
 Vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues, pipe shafts, vertical
ducts, and the like, and their enclosing walls
 Rest rooms or toilets
 Machine rooms and closets
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 Storage rooms and closets
 Covered balconies and terraces
 Interior walls and columns, and other interior features but excluding:
 Covered areas used for parking and driveways, including vertical penetrations in parking floors where
no residential or office units are present
 Uncovered areas for AC cooling towers, overhead water tanks, roof decks, laundry areas and cages,
wading or swimming pools, whirlpools or jacuzzis, gardens, courts or plazas.
Historic Center– 1) historic zone, district, core, precinct, town, legacy zone, heritage area, zone or town; 2) a
designated area with historical and other special significance, consisting of buildings or group of buildings and their
environs that collectively contribute to the area’s importance and character; 3) a place where a significant event in
history occurred; 4) any town, district, or ancient settlement site with specific history and/or cultural significance.
Historic centers are sometimes called living museums, outdoor museums, or museum preserves. Whether inhabited
or un-inhabited, historic centers are preservation areas. (Heritage Act)
Mitigating Device – a means to grant relief in complying with certain provisions of the Ordinance such as, but not
limited to, those pertaining to use, building bulk and density, and performance standards.
Municipal Fishing Sub-Zone (MF-SZ) – an area within the Municipal Waters Zone of a municipality where only
municipal fishing, as defined in the Fisheries Code, is allowed.
Municipal Waters Zone (WZ) – per Republic Act No. 8550 or the Philippines Fisheries Code
of 1998, this zone covers the Municipal Waters which “include not only streams, lakes, inland bodies of water and
tidal waters within the municipality which are not included within the protected areas as defined under Republic Act
No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine
waters…(boundary delineation defined in the Fisheries Code).”
NIPAS Act – shall refer to the National Integrated Protected Areas System Act of 1992 or RA 7586.

Non-Conforming Use – uses existing prior to the approval of this Zoning Ordinance that are not in conformity with its
provisions but are allowed to operate subject to the conditions of this Zoning Ordinance.
Non-NIPAS Areas – areas yet un-proclaimed by law, presidential decree, presidential proclamation or executive order
as part of the NIPAS Areas. Per the National Physical Framework Plan, these areas should be given equal
importance, as in NIPAS Areas, in terms of conservation and protection. These include:
a. Reserved second growth forests;
b. Mangroves;
c. Buffer strips;
d. Freshwater swamps and marshes; and
e. Un-proclaimed watershed

Notice of Non -Conformance – notice issued to owners of all uses existing prior to the
approval of the Ordinance which do not conform to the provisions herein provided.
Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD)
– per AFMA, refers to agricultural areas identified by the Department of Agriculture in coordination with the
National Mapping and Resource Information Authority in order to ensure the efficient utilization of land for
agriculture and agro-industrial development and promote sustainable growth. The NPAAAD covers the following:
a. All irrigated areas;
b. All irrigable lands already covered by irrigation projects with firm funding commitments;
c. All alluvial plain land highly suitable for agriculture whether irrigated or not;
d. Agro-industrial croplands or lands presently planted to industrial crops that support the viability of
existing agricultural infrastructure and agro-based enterprises;
e. Highlands or areas located at an elevation of 500 meters or above and have the potential for growing
semi-temperate and high-value crops;
f. All agricultural lands that are ecologically fragile, the conversion of which will result in serious
environmental degradation; and
g. Mangrove areas and fish sanctuaries.

Official Zoning Map – a duly authenticated map delineating the different zones into which the whole Municipality is
divided.
Open Space (OS) – as used in this Ordinance, an area where permanent buildings shall not be allowed and which may
only be used as forest, buffer/greenbelts, parks and playgrounds.
Overlay Zones (OZ) – a “transparent zone” that is overlain on top of the Basic Zone or another Overlay Zone that

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provides an additional set (or layer) of regulations.
Parks and Recreation Zone (PR-Z) – an area in a municipality designed for diversion/amusements and for the
maintenance of ecological balance.
Planned Unit Development (PUD) – a land development scheme wherein the project site is comprehensively planned
as an entity via unitary site plan which permits flexibility in planning/design, building siting, complementarily of
building types and land uses, usable open spaces and the preservation of significant natural land features.
Port –an area with facilities for loading and unloading of ships and may include, among others, harbor, docks, wharves,
and piers.
Production Agricultural Sub-Zone (PDA-SZ) – an area within the Agricultural Zone of municipality that are outside
of NPAAAD and declared by the Municipality for agricultural use.

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

Protected Area Management Board (PAMB) – per the NIPAS Act’s IRR, a board established for NIPAS areas that
shall, among others:
 Decide matters relating to planning, resource protection and general administration of the area in
accordance with the General Management Planning Strategy (GMPS);
 Approve proposals, work plans, action plans, guidelines, for management of the protected area in
accordance with the approved Management Plan;
 Delineate and demarcate protected area boundaries, buffer zones, ancestral domains…
 Promulgate rules and regulations to promote development programs and projects on biodiversity
conservation and sustainable development…
 Control and regulate the construction, operation and maintenance of roads, trails, water works, sewerage,
fire protection and sanitation systems and other utilities within the protected area

Protected Area Management Plan (PAMP) – a document required for NIPAS areas that shall, as a minimum,
promote the adoption and implementation of innovative management techniques including if necessary, the concept
of zoning, buffer zone management for multiple use and protection, habitat conservation and rehabilitation, site-
specific policy development, pest management, and fire control…” (NIPAS Act)
Quarrying – shall mean “the process of extracting, removing and disposing quarry resources found on or near the
surface of private or public land” (Mining Act).
Reclassification of Agricultural Lands – “the act of specifying how agricultural lands shall be utilized for non-
agricultural uses such as residential, industrial, and commercial as embodied in the CLUP” (LGC and MC 54)
Residential Zone (R1-Z) – an area within a municipality intended for low density residential use. Per the National
Building Code, R-1 Zone is characterized mainly by low-rise single-detached and duplex residential buildings for
exclusive use as single (nuclear) family dwellings.
Rezoning – a process of introducing amendments to or change in the existing zoning of a particular area and reflected
in the text and maps of the Ordinance.
Sealane Sub-Zone (SL-SZ) – an area within the Municipal Waters Zone of a municipality that is designated as an
established route for water vessels traversing the municipal waters. Also referred to as Navigational Lane.

Socialized Housing – refers to housing [programs and] projects covering houses and lots or home lots only undertaken

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by the Government or the private sector for the underprivileged and homeless citizens (UDHA)
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).
Sustainable Urban Drainage System (SUDS) – a low impact system intended to drain surface water run-off through a
series of collection, storage and cleaning stages before it is released back into the environment.
Tourism Act – shall mean the Tourism Act of 2009 or RA 9593.
Tourism Zone – are sites within cities and municipalities endowed with natural or manmade physical attributes and
resources that are conducive to recreation, leisure and other wholesome activities.

Tree Farm – “refers to any tract of forest land purposely and extensively planted to trees of economic value for their
fruits, flowers, leaves, barks or extractives, but not for the wood thereof” (Forestry Code).
UDHA – shall mean the Urban Development and Housing Act of 1992 or RA 7279.
Urban Corridor Overlay Zone (UCD-OZ) - an area in a municipality which are along major transport routes and
where specific regulations are provided that is intended to minimize roadside friction, maintain pedestrian
walkways, etc.
Utilities, Transportation and Services Zone (UTS-Z) – an area in a 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 device which grants a property owner relief from certain provisions of the Zoning Ordinance where,
because of the particular physical surrounding, shape or topographical condition of the property, compliance on
applicable Building Bulk and Density Regulations, Building Design Regulations and Performance Standards would
result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more
money.
Warehouse – refers to a storage and/or depository of those in business of performing warehouse services for others, for
profit.
Water Code – shall mean the Water Code of the Philippines (Presidential Decree 1067)
Wharf – an area within a municipality intended as a landing place where ships maybe tied-up or unloaded.
Yard – as defined in the National Building Code, this is “the required open space left between the outermost face of the
building/ structure and the property lines, e.g. front, rear, right and left side yards. The width of the yard is the
setback.”
Zone/Sub-Zone – an area within a municipality for specific land use as defined by manmade or natural boundaries.
Zoning Administrator /Zoning Officer – a municipal government employee responsible for the
implementation/enforcement of the Zoning Ordinance
Zoning Certificate – a document issued by the Zoning Administrator citing the zoning classification of the land based
on this Ordinance.

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Article IV
Zone Classifications

Section 5. Division into Zones or Sub-Zones


To effectively carry out the provisions of this Ordinance, the municipality is hereby divided into the following zones or
districts as shown in the Official Zoning Maps

Section 6. Base Zones


The following are designated as Zones:

Residential Zone
Commercial Zone
Institutional Zone
Agricultural Zone
Agri-Industrial Zone
Protection Forest/Watershed
Industrial Zone (IZ)
Tourism (T)
Cemeteries
Mangrove
Water Bodies
Parks and Recreation/Green Pasture Zone
Infrastructure/Utilities/Roads
Disposal Facility/Sanitary Landfill

Section 7. Overlay Zones


The following are designated as Overlay Zones:

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1. Landslide Overlay Zone (LSD-OZ)
2. Flood Overlay Zone (FLD-OZ)
3. Ecotourism Overlay Zone (ETM-OZ)
4. Urban Corridor Overlay Zone (UCD-OZ)
5. Faultline Overlay Zone (FLT-OZ)

According to the data recently given by the Mines and Geo Sciences Bureau, two (2) fault lines have
emerged in the town of Lemery: 1) fault line from Bagong Paraiso, San Isidro Itaas extending to Payapa, and 2) fault
line from Mahabang Dahilig extending to Gulod. This was validated by the CLUP team with the Philippine Institute
of Volcanology and Seismology (Philvolcs) and was verified to be true as per Seismology Division of the said
office.

No identified Critical Habitat in Lemery, Batangas per coordination with the Municipal Environment and
Natural Resources office, No Critical Habitat Overlay Zone established.

LANDSLIDE OVERLAY ZONE MAP 2012-2021

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FLOOD OVERLAY ZONE MAP 2012-2021

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ECOTOURISM OVERLAY ZONE MAP 2012 -2021

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URBAN CORRIDOR OVERLAY ZONE MAP 2012-2021

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FAULTLINE OVERLAY ZONE MAP 2012-2021

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Section 8. Zoning Maps

It is hereby adopted as an integral part of this Ordinance, the duly authenticated and Official
Zoning Maps of the municipality, wherein the designation, location and boundaries of the
districts/zones herein established are shown and indicated. Such official Zoning map showing
location and boundaries of the herein established Zoning Map. Such Official Zoning Maps shall
be signed by the local chief executive and duly authenticated by the SANGGUNIANG
PANLALAWIGAN.

URBAN ZONING PLAN 2012-2021

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Section 9. Zone Boundaries
The locations and boundaries of the above mentioned various zones into which the municipality has been
subdivided are identified and specified as follows:

I.A1 Residential Areas

[Type a quote from the document or

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I.A.3 Commercial Zone

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I.B.1.1 Commercial Areas
along Ilustre Avenue 100
meters depth both side

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AMENDED GENERAL ZONING MAP 2012-2021

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II. GENERAL LAND USE AREAS:
II. A. RESIDENTIAL
II.A.1 Areas 50 meters both sides of barangay roads in the rural barangays 5
II.A.2 Areas 50 meters both sides of provincial roads at Sinisian to Talaga-Mayasang road
II.A. 3 Area portion of barangay Malinis northward of Malinis Diversion road
II.A.4 Areas 50 meters south of Palico-Balayan road at portion of Mataas na bayan to Sinisian West

B. SOCIALIZED HOUSING/RELOCATION SITES


B.1 Areas northward of Palico-Balayan Batangas road in Brgy. Mataas na
Bayan
B.2 Areas northward of Palico-Balayan, Batangas road in Matingain II
B.3 Area at west of R. Diokno Highway at Brgy. Payapa Ilaya
B.4 Areas portion of Payapa Ilaya
B.5 Areas interior of Maigsing Dahilig near the creek
B.6 Area eastward of creek at Brgy. Tubigan

II. B. COMMERCIAL AREAS


II.B.1 Areas on the south about 100m deep of the edge of the road right of way of Palico-Balayan-
Batangas road from the boundaries of Brgy. Malinis to Mahayahay.

II.B.2 Triangular areas at the National Highway and old provincial road extending eastward toward the
boundaries of Brgy.Malinis.

II.B.3 Areas of about 100 meters deep on both sides of the edge of the road right of way (Lemery-
Agoncillo National Road)

II.B.4 Areas on the north of the edge of the road right of way of Palico-Balayan-Batangas road of about
100 meters deep from the boundaries of Mahayahay to Sinisian West

II.B.5 Areas of about 100 meters on both sides of the edge of the road right of way of R. Diokno Highway
from Brgy.Mahayahay to portion of Payapa Ilaya and 50 m both sides from portion of Payapa Ilaya to
Mayasang

II.B.8 Areas 100 meters south of Taal-Lemery Diversion Road

II.B.9 Areas from northward of Taal-Lemery Diversion Road to about 100meters north of Lemery
Auction Market and Slaughterhouse

II.B-10 Areas from northward of Lemery-Agoncillo road portion of Brgy. Malinis, 300 meter both sides
of the National Highway

II. C. INSTITUTIONAL ZONE


II. C. 1 An area in the rural barangays adjacent to portions of national and barangays roads

II. D. AGRICULTURAL AREAS


All other areas not specifically described
II. E. AGRI-INDUSTRIAL
II. E..1 An area eastward of barangay road at Barangay Talaga
II. E. 2 An area at located at Ayao-iyao

II. F. PROTECTION FOREST/WATERSHED - a land area drained by the stream of a fixed body of
water and its tributaries having a common outlet for surface run off. These areas are situated in Barangay
San Isidro Itaas portion of Barangays Mayasang, Payapa Ilaya, Payapa Ibaba, Mahabang Dahilig,
Dayapan, San Isidro Ibaba, Cahilan I, Dita, Niogan, Talaga, Masalisi, Arumahan, Gulod, Tubuan and
BagongPook

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II. G. INDUSTRIAL ZONE
II.G.1 Areas on the west of the edge of road right of way of Palico-Balayan-Batangas road at Barangay
Bucal

II.G.2 Areas on the south of the edge of road right of way of Palico-Balayan-Batangas road at Brgy.
Tubigan and Bucal

II.G.3 Areas beyond easement of the salvaged area along Balayan Bay covering portions of Barangays
Sinisian West, Sinisian East, Mataas na Bayan and Balanga.

II. H. TOURISM
II.H.1 Areas of about 30.0 hectares situated at Barangay Mayasang on the north of the edge of the road
right of way of R. Diokno Highway
II. H.2 Areas on the south along Palico –Balayan –Batangas Road at Sinisian West
II.H.3 Areas east side of Talaga barangay road
II.H.4 Areas along Balayan Bay 50 meters from the edge of the Bay at Brgy.Nonong Casto to Matingain
I.

II. I. CEMETERIES
An area located at Barangay Payapa Ilaya

II. J. MANGROVE
An area beyond the salvaged area, portion of Mataas na Bayan

II. K. PARKS AND RECREATION/GREEN PASTURE


An area located at Sitio Bagong Paraiso in San Isidro Itaas and Mayasang

II. L. INFRASTRUCTURE/UTILITIES/ROADS
All national, provincial and barangay roads all barangays in Lemery

II. M. DISPOSAL FACILITY/SANITARY LANDFILL


An area situated at Barangay Niogan

Section 10. Interpretation of Zone Boundaries


The following rules shall apply in the interpretation of the boundaries indicated on the Official Zoning Map:
 Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the
streets or highways right-of-way lines shall be construed to be the boundaries.
 Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be
construed to be the boundaries.
 Where zone boundaries are so indicated that they are approximately parallel to the center lines or right- of-
way lines of streets and highways, such zone boundaries shall be construed as being parallel thereto and at
such distance there from as indicated in the zoning map. If no distance is given, such dimension shall be
determined by the use of the scale shown in said zoning map.
 Where the boundary of a zone follows approximately a railroad line, such boundary shall be deemed to be
the railroad right-of-way.

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 Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary line should be
deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated.
Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event
of change in the shorelines, shall be construed as moving with the actual shorelines.
 Where a lot of one ownership, as of record the effective date of this Ordinance, is divided by a zone
boundary line, the lot shall be construed to be within the zone where the major portion of the lot is located.
In case the lot is bisected by the boundary line, it shall fall in the zone where the principal structure falls.
 Where zone 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.
 The textual description of the zone boundaries shall prevail over that of the Official Zoning Maps.

Article V
Zone Regulations

Section 11. General Provisions


Zone regulations refer to Use and Building Regulations as described below:

Allowable Uses
The uses enumerated in the succeeding sections are not exhaustive nor all inclusive. The Local Zoning Board of
Appeals (LZBA) may allow other uses subject to the requirements of the Mitigating Devices provision of this
Ordinance.

Building Regulations
Building regulations specify whether buildings/structures may be allowed in specific zones/sub -zones. When
allowed, buildings/structures shall be designed, constructed and operated in accordance with the requirements of
each zone’s/sub-zone’s governing authority as well as with the relevant provisions of the National Building Code
(NBC) and this Ordinance. In certain zones, the design of buildings/structures may also be regulated by this
Ordinance according to Building Height Limit in consonance with the NBC and to architectural design to ensure
harmony with the desired character of the zone in consideration.

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

Specific uses/activities of lesser density within a particular zone (R-1) may be allowed within the zone of higher
density (R-2, R-3) but not vice versa, nor in another zone and its subdivisions (e.g. GC, C-1, C-2), except for uses
expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and not inter-zonal.

Section 12. Regulations in Base Zones


Section 12.1. Regulations in Residential Zone
This is an area within the municipality intended principally for dwelling/housing purposes.
Allowed Uses
• Single-detached dwelling units
• Semi-detached family dwelling units, e.g. duplex
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• Townhouses
• Apartments
• Residential condominium
• PD 957 Subdivisions
• PD 957Condominiums
• Boarding houses
• Dormitories
• Pension houses
• Hotel apartments or apartels
• Hotels
• Museums
• Libraries
• Apartments
• Boarding houses
• Dormitories
• Museums
• Libraries
• High School
• Vocational School
• Residential condominiums
• Pension houses
• Hotel apartments or apartels
• Hotels
• Parking buildings (aboveground/ underground)
• The Building Height Limit is 36.00 meters above highest grade as provided in the
NBC.
• Home occupation for the practice of one’s profession such as offices of physicians, surgeons, dentists,
architects, engineers, lawyers, and other professionals or for engaging home business such as dressmaking,
tailoring, baking, running a sari-sari store and the like, provided that:
The number of persons engaged in such business/industry shall not exceed five (5), inclusive of owner;
There shall be no change in the outside appearance of the building premises;
That in no case shall more than 20% of the building be used for said home occupation;
No home occupation shall be conducted in any customary accessory uses cited above;
No traffic shall be generated by such home occupation in greater volume than would normally be expected
in a residential neighborhood and any need for parking generated by the conduct of such home occupation
shall be met off the street and in a place other than the required front yard; and
No equipment or process shall be used in such home occupation which creates noise, vibration, glare,
fumes, odors and electrical interference detectable to the normal senses and visual or audible
interference in any radio or television receiver or causes fluctuations in line voltage off the premises.
• Home Industry classified as cottage industry, provided that:
Such home industry shall not occupy more than thirty percent (30%) of the floor area of the dwelling
unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not
be a hazard or nuisance;
It shall be classified as non-pollutive/non-hazardous
Religious Use
• Multi-purpose/Barangay hall
• Clinic, nursing and convalescing home, health center
• Plant nursery
• Parking buildings (aboveground/underground)
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• Customary accessory uses incidental to any of the principal uses provided that such accessory uses shall not
include any activity conducted for monetary gain or commercial purposes such as:
Servants quarters
Private garage
Guardhouse
Laundries
Non-commercial garages
Houses for pets such as dogs, birds, rabbits and the like of not more than 4.00 sq. m. in floor area
Pump houses
Generator houses
Building Regulations
• Per the relevant provisions of the NBC, PD 957 and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• The number of allowable storeys/floors above established grade is twelve (12) as provided in the NBC

Regulations in Socialized Housing Zone


An area within the municipality designated to housing projects covering houses and lots or home lots only
undertaken by the Government or the private sector for the underprivileged and homeless citizens (UDHA)

Allowable Uses
• All uses allowed according to the provisions of BP 220.
Building Regulations
• Applicable provisions of BP 220.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)

Section 12.2. Regulations in Commercial Zone


A commercial area within a municipality intended for neighborhood or community scale trade, service and
business activities, trading/services/business purposes.

Allowable Uses
• Wholesale stores
• Wet and dry markets
• Shopping center, malls and supermarkets
• Retail stores and shops like:
• Wholesale stores
• Wet and dry markets
• Shopping center, malls and supermarkets
• Retail stores and shops like:
Department store
Bookstores and office supply shops
Art supplies and novelties
Home appliance stores
Car display and dealer stores
Photo shops
Flower shops
Curio or antique shops
Pet shops and aquarium stores
Jewelry shops
Consumer electronics such as cellular phones, cameras, lap tops, home appliances and the like
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Drugstores
• Food market and shops like:
Bakery, cake, pastry and delicatessen shops
Liquor and wine stores
Groceries
Supermarkets
Convenience stores
• Product showroom/display store
• Warehouse/storage facility for non-pollutive/non-hazardous finished products
• Personal service shops like:
Medical, dental, and similar clinics
Beauty parlor
Barber shop
Wellness facilities such as sauna, spa, massage, and facial clinics
Dressmaking and tailoring shops
• Bayad centers
• Laundries
• Internet café and cyber stations
• Photo/video, lights & sounds services
• Catering services
• Event planners
• Water stations
• Courier services
• Security agencies
• Janitorial services
• Travel agencies
• Repair shops like:
House furniture and appliances repair shops
Motor vehicles and accessory repair shops
Battery shops and repair shops
Bicycle repair shops
• Restaurants and other eateries
• Bars, sing–along lounges, bistros, pubs, beer gardens, disco, dance halls
• Lotto terminals, off-fronton, on-line bingo outlets and off-track betting stations
• Parks, playgrounds, pocket parks, parkways, promenades and play lots
• Plant nurseries
• Vocational/technical schools
• Special Education (SPED) school
• Short term special education like:
Dance schools
Schools for self-defense
Driving school
Speech clinics
Tutorial centers
• Embassies/consulates
• Libraries/museums
• Exhibit halls

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• Convention centers and related facilities
• Financial institutions/services like:
Banks
Stand–alone automated teller machines
Insurance
Foreign exchange
Money lending
Pawnshops
• Offices
• Business Process Outsourcing services
• Radio and television stations
• Parking lots, garage facilities
• Parking buildings (aboveground/underground)
• Transportation terminals/garage with and without repair
• Display for cars, tractors, etc.
• Motorpool
• Hauling services and garage terminals for trucks, tow trucks and buses
• Auto repair, tire, vulcanizing shops and carwash
• Auto sales and rentals, automotive handicraft, accessory and spare parts shops and the like
• Recreational centers/establishments like:
Movie house/theater
Play courts e.g. tennis court, bowling lane, billiard hall
Swimming pool
Gymnasium
Stadium, coliseum
Tennis courts and sports complex
Billiard halls, pool rooms and bowling alleys
Sports clubhouses
Other sports and recreational establishment
• Boat storage
• Gasoline filling stations/service stations
• Vehicle emission testing center
• Machinery display shop/center
• Machine shop service operation (repairing/rebuilding or custom job orders)
• Welding shops
• Medium scale junk shop
• Engraving, photo developing and printing shops
• Printing, publication and graphics shops
• Manufacture of insignia, badges and similar emblems except metal
• Glassware and metalware stores, household equipment and appliances
• Signboard and streamer painting and silk screening
• Printing/typesetting, copiers and duplicating services
• Recording and film laboratories
• Construction supply stores/ depots
• Gravel, sand and CHB stores
• Lumber/hardware
• Paint stores without bulk handling
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• Gardens and landscaping supply/contractors
• Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
• Lechon stores
• Chicharon factory
• Biscuit factory—manufacture of biscuits, cookies, crackers and other similar dried bakery products
• Doughnut and hopia factory
• Other bakery products not elsewhere classified (n.e.c.)
• Shops repacking of food products e.g. fruits, vegetables, sugar and other related products
• Manufacture of wood furniture including upholstered
• Manufacture of rattan furniture including upholstered
• Manufacture of box beds and mattresses
• Funeral parlors (all categories)
• Commercial condominium (with residential units in upper floors)
• Commercial housing like:
Hotel
Apartment
Apartel
Boarding house
Dormitory
Pension house
Motel
Condotel
• All uses allowed in all Residential Zone
• Retail stores and shops like:
Department stores
Bookstores and office supply shops
Art supplies and novelties
Home appliance stores
Car display and dealer stores
Photo shops
Flower shops
Curio or antique shops
Pet shops and aquarium stores
Jewelry shops
Consumer electronics such as cellular phones, cameras, laptops, home appliances and the like
Drugstores
• Food market and shops like:
Bakery, cake, pastry and delicatessen shops
Liquor and wine stores
Groceries
Supermarkets
Convenience stores
• Product showroom/display store
• Warehouse/storage facility for non-pollutive/non-hazardous finished products
• Personal service shops like:
Medical, dental, and similar clinics
Beauty parlor
Barber shop

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Wellness facilities such as sauna, spa, massage and facial clinics
Dressmaking and tailoring shop
• Bayad centers
• Laundries
• Internet café and cyber stations
• Photo/video, lights & sounds services
• Catering services
• Water stations
• Courier services
• Security agencies
• Janitorial services
• Travel agencies
• Photo and portrait studios
• Repair shops like:
House furniture and appliances repair shops
Motor vehicles and accessory repair shops
Battery shops and repair shops
Bicycle repair shops
Repair shops for watches, bags, shoes, cellular phones, cameras, computers and the like
• Recreational centers/establishments like
Play courts e.g. tennis court, bowling lane, billiard hall
Swimming pool
Gymnasium
• Restaurants and other eateries
• Lotto terminals, off-fronton, on-line bingo outlets and off-track betting stations
• Parks, playgrounds, pocket parks, parkways, promenades and play lots
• Plant nurseries
• Vocational/technical school
• Special Education (SPED) school
• Short term special education like:
Dance schools
Schools for self-defense
Driving school
Speech clinics
Tutorial centers
• Embassies/consulates
• Libraries/museums
• Financial institutions/services like:
Banks
Stand-alone automated teller machines
Insurance
Foreign exchange
Money lending
Pawnshops
• Offices
• Parking lots/garage facilities
• Parking buildings (aboveground/underground)

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• Auto repair, tire, vulcanizing shops and car wash
• Gasoline filling stations/services stations
• Engraving, photo developing and printing shops
• Printing, publication and graphics shops
Manufacture of insignia, badges and similar emblems except metal
• Construction supply stores/depots
• Funeral parlors (Category II and III)
• Commercial housing like:
Hotel
Apartment
Apartel
Boarding house
Dormitory
Pension house
• Construction supply stores/depots
• Funeral parlors (Category II and III)
• Commercial housing like:
Hotel
Apartment
Apartel
Boarding house
Dormitory
Pension house
• Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Parking lots/Building garage
Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
Pump houses
Generator houses
Building Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Applicable provisions of the Ordinance regarding parking space
• The number of allowable storeys/floors above established grade is three (3) as provided in the NBC
• The Building Height Limit is 10.00 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.
• Wholesale stores
• Wet and dry markets
• Shopping centers, malls and supermarkets
• Recreational center/establishments like:
Movie house/theater
Stadium, coliseum
Tennis courts and sports complex
Billiard halls, pool rooms and bowling alleys
Sports clubhouses
Other sports stablishments
• Bars, sing-along lounges, bistros, pubs, beer gardens, disco, dance halls
• Exhibit halls
• Convention centers and related facilities

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• Business Process Outsourcing services
Radio, television stations
• Vehicle emission testing center
• Machinery display shop/center
• Welding shops
• Machine shop service operation (repairing/rebuilding or custom job orders)
• Welding shop
• Medium scale junk shop
• Glassware and metalware stores, household equipment and appliances
• Signboard and streamer painting and silk screening
• Printing/typesetting, copiers and duplicating services
• Recording and film laboratories
• Gravel and sand stores
• Lumber/hardware
• Paint stores without bulk handling
• Gardens and landscaping supply/contractors
• Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
• Lechon stores
• Chicharon factory
• Biscuit factory—manufacture of biscuits, cookies, crackers and other similar dried bakery products
• Doughnut and hopia factory
• Other bakery products not elsewhere classified (n.e.c.)
• Shops for repacking of food products e.g. fruits, vegetables, sugar and other related products
• Manufacture of wood furniture including upholstered
• Manufacture of rattan furniture including upholstered
• Manufacture of box beds and mattresses
• Funeral parlors (all categories)
• Commercial condominium (with residential units in upper floors)
• Commercial housing like:
Motel
Condotel
• All uses allowed in R-1 and R-2 Zones
Building Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Applicable provisions of the Ordinance regarding parking space
• The number of allowable storeys/floors above established grade is six (6)as provided in the NBC
• Regional shopping malls/centers
Building Density and Bulk Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Applicable provisions of the Ordinance regarding parking space
• The number of allowable storeys/floors above established grade is sixty (60) as provided in the NBC
• The Building Height Limit is 180.00 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

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Section 12.3. Regulations in Institutional Zone
An area within a municipality intended principally for general types of institutional establishments, e.g.
government offices, hospitals/ clinics, academic/ research and convention centers.
Allowable Uses
• Government or civic centers to house national, regional or local offices in the area
• Police and fire stations
• Other types of government buildings
• Colleges, universities, professional business schools, vocational and trade schools, technical schools and other
institutions of higher learning
• Learning facilities such as training centers, seminar halls and libraries
• Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and
biological warfare facilities
• Museums, exhibition halls and art galleries
• Convention center and related facilities
• Civic centers and community centers
• General hospitals, medical centers, specialty hospitals, medical, dental and similar clinics
• Places of worship, such as churches, mosques, temples, shrines, chapels
• Seminaries and convents
• Embassies/consulates
• Parking buildings
• Parks, playgrounds, pocket parks, parkways, promenades and playlots
• Welfare home, orphanages, boys and girls town, nursing homes, homes for the aged and the like
• Rehabilitation and vocational training centers for ex-convicts, drug addicts, unwed mothers, physically, mentally
and emotionally handicapped, ex-sanitaria inmates and similar establishments
• Military camps/reservations/bases and training grounds
• Jails, prisons, reformatories and correctional institution
• Penitentiaries and correctional institutions
• Leprosaria
• Psychiatric facilities, such as mental hospitals, mental sanitaria/asylums,
• Parks, playgrounds, pocket parks, parkways, promenades and play lots
• Customary accessory uses incidental to any of the above uses
• Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Parking lots/garage facilities
Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
Pump houses
Generator houses

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.


• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Applicable provisions of the Ordinance regarding parking space
• The Building Height Limit is 15 meters above highest grade

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• Subject to national locational guidelines and standards of concerned agencies.

Section 12.4. Regulations in Agricultural Zone


The Agricultural Zone includes areas 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… (AFMA). These
include Protected Agricultural Areas (as defined by AFMA, CARL and related issuances) as well as Production
Agricultural Areas as may be declared by the municipality.
Per the AFMA, these include the Network of Protected Areas for Agriculture and Agro-industrial
Development (NPAAAD) which are “agricultural areas identified by the Department (Agriculture) through the
Bureau of Soils and Water Management (BSWM) in coordination with the National Mapping and Resource
Information Authority (NAMRIA) in order to ensure the efficient utilization of land for agriculture and agro-
industrial development and promote sustainable growth.”

Allowable Uses/Activities
• Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like
• Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, etc.
• Silviculture, mushroom culture and the like
• Pastoral activities such as goat and cattle raising
• Fishpond activities
• Backyard raising of livestock and fowl, provided that:
For livestock – maximum of 1 sow and 10 heads
For fowl – a maximum of 500 heads
• Single-detached dwelling units of landowners
• Customary support facilities such as palay dryers, rice threshers and storage barns and warehouses
• Ancillary dwelling units/farmhouses for tenants, tillers and laborers
• Engaging in home businesses such as dressmaking, tailoring, baking, running a sari-sari store and the like
provided that:
The number of persons engaged in such business/industry shall not exceed five, inclusive of owner;
There shall be no change in the outside appearance of the building premises;
No home occupation shall be conducted in any customary accessory uses cited above;
No traffic shall be generated by such home occupation in greater volume than would normally be
expected in a residential neighborhood and any need for parking generated by the conduct of such
home occupation shall be met off the street and in a place other than the required front yard; and
No equipment or process shall be used in such home occupation which creates noise, vibration, glare,
fumes, odors and electrical interference detectable to the normal senses and visual or audible
interference in any radio or television receiver or causes fluctuations in line voltage off the premises.
• Home Industry classified as cottage industry provided that:
Such home industry shall not occupy more than thirty percent of the floor area of the dwelling unit.
There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a
hazard or nuisance; and
Such shall consider the provisions pertaining to customary accessory uses, traffic and equipment as
enumerated under Home Occupation of this section.
• Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like
• Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, etc.
• Rice/corn mill (single pass such as cono mill)
• Rice/corn warehouses and solar dryers
• Agricultural research and experimentation facilities such as breeding stations, fish farms, nurseries,
demonstration farms, etc.

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• Plant nursery
• Single-detached dwelling units of landowners
• Customary support facilities such as palay dryers, rice threshers and storage barns and warehouses
• Ancillary dwelling units/farmhouses for tillers and laborers
• Engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like
provided that:
The number of persons engaged in such business/industry shall not exceed five, inclusive of owner;
There shall be no change in the outside appearance of the building premises;
That in no case shall more than 20% of the building be used for said home occupation;
No home occupation shall be conducted in any customary accessory uses cited above;
No traffic shall be generated by such home occupation in greater volume than would normally be
expected in a residential neighborhood and any need for parking generated by the conduct of such
home occupation shall be met off the street and in a place other than the required front yard; and
No equipment or process shall be used in such home occupation which creates noise, vibration, glare,
fumes, odors and electrical interference detectable to the normal senses and visual or audible
interference in any radio or television receiver or causes fluctuations in line voltage off the premises.
Home Industry Classified as cottage industry provided that:
Such home industry shall not occupy more than thirty percent of the floor area of the dwelling unit.
There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a
hazard or nuisance;
Such shall consider the provisions pertaining to customary accessory uses, traffic and equipment as
enumerated under Home Occupation of this section.
• Class "A" slaughterhouse/abattoir
Building Regulations
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• When allowed, buildings and structures shall be designed, constructed and operated in accordance with the
requirements of the NBC and with the provisions of this Ordinance.
• The Building Height Limit is 15.00 meters above established grade

Section 12.5. Regulations in Agri-Industrial Zone


These are areas within the municipality intended primarily for integrated farm operations and related product
processing activities such as plantation for bananas, pineapple, sugar, etc.

Allowable Uses/Activities
• Rice/corn mills
• Rice/corn mill warehouses & solar dryers
• Agricultural and/or agri-industrial research & experimentation facilities
• Drying, cleaning, curing and preserving of meat and its by-products and derivatives
• Drying, smoking and airing of tobacco
• Flour mill
• Cassava flour mill
• Manufacture of coffee
• Manufacture of unprepared animal feeds and other grain milling
• Production of prepared feeds for animals
• Cigar and cigarette factory
• Curing and re-drying tobacco leaves
• Miscellaneous processing of tobacco leaves n.e.c.
• Weaving hemp textile
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• Jute spinning and weaving
• Drying, smoking and airing of tobacco
• Flour mill
• Cassava flour mill
• Manufacture of coffee
• Manufacture of unprepared animal feeds and other grain milling
• Production of prepared feeds for animals
• Cigar and cigarette factory
• Curing and re-drying tobacco leaves
• Miscellaneous processing of tobacco leaves n.e.c.
• Weaving hemp textile
• Jute spinning and weaving
• Manufacture of charcoal
• Milk processing plants (manufacturing filled, reconstituted or recombined milk, condensed or evaporated)
• Butter and cheese processing plants
• Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and
cream related products)
• Other dairy products n.e.c.
• Canning and preserving of fruits and fruit juices
• Canning and preserving of vegetables and vegetable juices
• Canning and preserving of vegetable sauces
• Miscellaneous canning and preserving of fruit and vegetables n.e.c.
• Fish canning
• Patis factory
• Bagoong factory
• Processing, preserving and canning of fish and other seafood n.e.c.
• Manufacture of desiccated coconut
• Manufacture of starch and its products
• Manufacture of wines from fruit juices
• Vegetable oil mills, including coconut oil
• Muscovado sugar mill
• Other commercial handicrafts and industrial activities utilizing plant or animal parts and/or products as raw
materials
• Other accessory uses incidental to agri-industrial activities
• Sugarcane milling (centrifugal and refined)
• Sugar refining
• Customary support facilities such as palay dryers, rice threshers and storage barns and warehouses
• Ancillary dwelling units/farmhouses for landowners. tenants, tillers and laborers
• Class "A" slaughterhouse/abattoir
• Class "AA" slaughterhouse/abattoir
• Commercial Poultry/piggery farms

Building Density and Bulk Regulations


• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• The Building Height Limit is 15.00 meters above established grade as provided in the NBC.

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Section 12.6. Regulations in Forest Zone
The Forest Zone shall be applied in accordance with the relevant provisions of the Revised Forestry Code,
Revised Public Land Act of 1937, NIPAS Act of 1992, and specific proclamations of Forest Reservations, and
related issuances as well as with approved Municipal Forest Land Use Plan (FLUP), if any.

Per the NIPAS Act, this is an area “outside the boundaries and immediately adjacent to designated
protected areas that need special development control in order to prevent or minimize harm to the protected area.”

Per the NIPAS Act’s IRR, these are “areas outside the protected area but adjoining it that are established by
law (Section 8 of the Act) and under the control of the DENR through the Park Area Management Board. These are
effectively multiple-use zones that are to be managed to provide a social fence to prevent encroachment into the
protected area by outsiders.

Allowable Uses/Activities
Allowable uses/activities shall be in accordance with the Protected Area Management Plan (PAMP) as approved
by the Protected Area Management Board (PAMB). These may include:

• Settlement, traditional and/or sustainable land use, including agriculture, agroforestry, extraction activities and
other income generating or livelihood activities.
Building Regulations
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• When allowed, buildings and structures shall be designed, constructed and operated in accordance with the
requirements of the PAMP, NBC and with the provisions of this Ordinance.

Forest Protection Sub-Zone


Per the NIPAS Act, this is an area that have “…high bio-diversity value which shall be closed to all human
activity except for scientific studies and/ or ceremonial or religious use by indigenous communities.”

Allowed Uses/Activities
Allowable uses/activities shall be in accordance with the Protected Area Management Plan (PAMP) as approved by
the Protected Area Management Board (PAMB). These may include:
 Scientific studies
 Ceremonial or religious use by indigenous communities

Building Regulations
No permanent buildings or structures are allowed.

Section 12.7. Regulations in Industrial Zone


An area within the municipality intended for medium and heavy manufacturing or production industries that are:

a. non-pollutive/non-hazardous; and
b. non-pollutive/hazardous

Allowable Uses
Non-Pollutive/Non-Hazardous Industries
• Drying fish
• Biscuit factory — manufacture of biscuits, cookies, crackers, and other similar dried bakery products
• Doughnut and hopia factory
• Manufacture of macaroni, spaghetti, vermicelli, and other noodles
• Other bakery production not elsewhere classified (n.e.c.)
• Life belts factory
• Manufacture of luggage, handbags, wallets, and small leather goods

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• Manufacture of miscellaneous products of leather and leather substitute and n.e.c.
• Manufacture of shoes except rubber, plastic, and wood
• Manufacture of slipper and sandal except rubber and plastic
• Manufacture of footwear parts except rubber and plastic
• Printing, publishing and allied industries and those n.e.c.
• Manufacture or assembly of typewriters, cash registers
• Manufacturing and canning of ham, bacon, and native sausage
• Poultry processing and canning
• Large-scale manufacturing of ice cream
• Ice plants and cold storage
• Corn mill/rice mill
• Chocolate and cocoa factory
• Candy factory
• Chewing gum factory
• Peanuts and other nuts factory
• Other chocolate and confectionery products
• Manufacturing of flavoring extracts
• Manufacture of food products n.e.c. (vinegar, vetsin)
• Manufacture of fish meal
• Oyster shell grading
• Manufacture of medicinal and pharmaceutical preparations
• Manufacture of stationery, art goods, cut stone and marble products
• Manufacture of abrasive products
• Manufacture of miscellaneous non-metallic mineral products n.e.c.
• Manufacture of cutlery, except table flatware
• Manufacture of hand tools
• Manufacture of general hardware
• Manufacture of miscellaneous cutlery hand tools and general hardware n.e.c.
• Manufacture of household metal furniture
• Manufacture of office, store and restaurant metal furniture
• Manufacture of metal blinds, screens and shades
• Manufacture of miscellaneous furniture and fixture primarily of metal steel
• Manufacture of architectural and ornamental metal works
• Manufacture of boilers, tanks and other structural sheet metal works
• Manufacture of other structural products n.e.c.
• Manufacture of metal cans, boxes and containers
• Manufacture of stamped coated and engraved metal products
• Manufacture of fabricate wire and cable products
• Manufacture of heating, cooking and lighting equipment except electrical
• Sheet metal works generally manual operation
• Manufacture of other fabricated metal products except machinery and equipment
• Manufacture or assembly of agricultural machinery and equipment
• Native plow and harrow factory
• Repair of agricultural machinery
• Manufacture or assembly of service industry machines

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• Manufacture or assembly of elevators and escalators
• Manufacture or assembly of sewing machines
• Manufacture or assembly of cooking ranges
• Manufacture or assembly of water pumps
• Refrigeration industry
• Manufacture or assembly of other machinery and equipment except electrical n.e.c.
• Manufacture or assembly of electrical apparatus
• Manufacture or assembly of electrical cables and wires
• Manufacture of other electrical industrial machinery and apparatus n.e.c.
• Manufacture or assembly of electric equipment—radio, television, tape recorder, stereo
• Manufacture or assembly of radio and television transmitting, signaling and detection equipment
• Manufacture or assembly of telephone and telegraphic equipment
• Manufacture of other electronic equipment and apparatus n.e.c.
• Manufacture of industrial and commercial electrical appliances
• Manufacture of household cooking, heating and laundry appliances
• Manufacture of other electrical appliances n.e.c.
• Manufacture of electric lamp fixtures
• Warehouse/Storage Facility for pollutive/non-hazardous
• Parks, playgrounds, pocket parks, parkways and promenades
• Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Parking lots/garage facilities
Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
Pump houses
Generator houses

Pollutive/Hazardous Industries
• Flour mill
• Cassava flour mill
• Manufacture of coffee
• Manufacturing of unprepared animal feeds, other grain milling n.e.c.
• Production prepared feeds for animals
• Grains and cement silos
• Cigar and cigarette factory
• Curing and re-drying tobacco leaves
• Miscellaneous processing tobacco leaves n.e.c.
• Textile and fiber spinning mills
• Weaving hemp textile
• Jute spinning and weaving
• Miscellaneous spinning and weaving mills n.e.c.
• Hosiery mill
• Underwear and outwear knitting mills
• Garment and undergarment factories
• Fabric knitting mills
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• Miscellaneous knitting mills n.e.c.
• Manufacture of mats and mattings
• Manufacture of carpets and rugs
• Manufacture of cordage, rope and twine
• Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc.
• Manufacture of linoleum and other surface coverings
• Manufacture of artificial leather, oil cloth and other fabrics except rubberized
• Manufacture of coir
• Manufacture of miscellaneous textile n.e.c.
• Manufacture of rough lumber, unworked
• Manufacture of worked lumber
• Re-sawmills
• Woodworking establishments, lumber and timber yards
• Planning mills and sawmills, veneer plants
• Manufacture of veneer, plywood and hardwood
• Manufacture of doors, windows and sashes
• Treating and preserving of wood
• Wood drying kilns
• Manufacture of charcoal
• Manufacture of wood and cane blinds, screens and shades
• Pulp, paper and paperboard factories , wood and cardboard box factoriies
• Manufacture of containers and boxes of paper and paper board
• Manufacture of miscellaneous pulp and paper products n.e.c.
• Manufacture of perfumes, cosmetics and other toilet preparations
• Manufacture of waxes and polishing preparations
• Manufacture of candles
• Manufacture of inks
• Manufacture of miscellaneous chemical products n.e.c.
• Tire retreating and rebuilding
• Manufacture of rubber shoes and slippers
• Manufacture of industrial and molded rubber products
• Manufacture of plastic footwear
• Manufacture of plastic furniture
• Manufacture of other fabricated plastic products n.e.c.
• Manufacture of table and kitchen articles
• Manufacture of pottery, china and earthen ware n.e.c.
• Manufacture of flat glass
• Manufacture of glass containers
• Manufacture of miscellaneous glass and glass products n.e.c.
• Manufacture of clay bricks, clay tiles and hollow clay tiles
• Manufacture of miscellaneous structural clay products n.e.c
• Manufacture of structural concrete products
• Manufacture of asbestos products
• Manufacture of engines and turbines except motor vehicles, marine and aircraft
• Manufacture of metal cutting, shaving and finishing machinery

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• Manufacture of wood working machinery
• Manufacture, assembly, rebuilding, repairing of food and beverage making machinery
• Manufacture, assembly, rebuilding, repairing of textile machinery and equipment
• Manufacture, assembly, rebuilding, repairing of paper industry machinery
• Manufacture, assembly, rebuilding, repairing of trade machinery and equipment
• Manufacture of rice mills
• Manufacture of machines for leather and leather products
• Manufacture of construction machinery
• Manufacture of machines for clay, stove and glass industries
• Manufacture, assembly, repair and rebuilding of miscellaneous special industrial machinery and equipment
n.e.c.
• Manufacture of dry cells, storage battery and other batteries
• Boat building and repairing
• Ship repairing industry, dock yards, dry dock, shipways
• Miscellaneous shipbuilding and repairing n.e.c.
• Manufacture of locomotives and parts
• Manufacture of railroad and street cars
• Manufacture or assembly of automobiles, cars, buses, trucks and trailers
• Factories of engines and turbines
• Manufacture and assembly plants of aircraft engine
• Repair and testing shops for aircraft engines and parts
• Manufacture of wood furniture including upholstered
• Manufacture of rattan furniture including upholstered
• Manufacture of box beds and mattresses
• Dry cleaning plants using flammable liquids
• Paint stores with bulk handling
• Paint shops and spray painting rooms
• Signs and billboards painting shops
• Warehouses where highly combustible materials are stored
• Factories where loose combustible fiber or dirt are manufactured, processed or generated
• Warehouse for pollutive/hazardous
Building Density and Bulk Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Applicable provisions of the Ordinance regarding parking space
• The Building Height Limit is 21 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

Highly Pollutive/Non-Hazardous Industries


• Meat processing, curing, preserving except processing of ham, bacon, sausage and chicharon
• Butter, cheese, and milk processing plants (manufacturing filled, reconstituted, or recombined milk, condensed
or evaporated)
• Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and
cream-related products)
55
• Other dairy products n.e.c.
• Canning and preserving of fruits and fruit juices
• Canning and preserving of vegetables and vegetable juices
• Canning and preserving of vegetable sauces
• Miscellaneous canning and preserving of fruits and vegetables n.e.c.
• Fish canning
• Patis factory
• Bagoong factory
• Processing, preserving and canning of fish and other seafood n.e.c.
• Manufacture of desiccated coconut
• Manufacture of starch and its by-products
• Manufacture of wines
• Manufacture of malt and malt liquors
• Manufacture of soft drinks, carbonated water
• Manufacture of instant beverages and syrups
• Other non-alcoholic beverages n.e.c.
• Other slaughtering, preparing and preserving meat products n.e.c.
• Cooking oil and soap processing plants
• Warehouse for highly pollutive/non-hazardous industries

Highly Pollutive/Hazardous Industries


• Vegetable oil mills, including coconut oil
• Manufacture of refined cooking oil and margarine
• Manufacture of fish, marine, and other animal oils
• Manufacture of vegetable and animal oils and fats n.e.c.
• Sugar cane milling (centrifugal and refined)
• Sugar refining
• Muscovado sugar mill
• Distilled, rectified, and blended liquors n.e.c.
• Cotton textile mill
• Ramie textile mill (CLUP Guidebook 2014 Volume 3 55)
• Rayon and other man-made fiber textile mill
• Bleaching and drying mills
• Manufacture of narrow fabrics
• Tanneries and leather finishing plants
• Pulp mill
• Paper and paperboard mills
• Manufacture of fiberboard
• Manufacture of inorganic salts and compounds
• Manufacture of soap and cleaning preparations
• Manufacture of hydraulic cement
• Manufacture of lime and lime kilns
• Manufacture of plaster
• Products of blast furnaces, steel works, and rolling mills
• Products of iron and steel foundries

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• Manufacture of smelted and refined non-ferrous metals
• Manufacture of rolled, drawn or extruded non-ferrous metals
• Manufacture of non-ferrous foundry products
• Oil depot/terminal (greater than 7.950 kilo-litres)
• Warehouse for highly pollutive/hazardous industries
• Class "A" slaughterhouse/abattoir
• Class "AA" slaughterhouse/abattoir
• Class "AAA" slaughterhouse/abattoir

Highly Pollutive/Extremely Hazardous Industries


• Manufacture of industrial alcohols
• Factories for highly flammable chemicals
• Other basic chemicals n.e.c.
• Manufacture of fertilizers
• Manufacture of pesticides
• Manufacture of synthetic resins, plastic materials, and man-made fibers except glass
• Plastics resin plants (monomer and polymer)
• Plastics compounding and processing plants
• Petroleum refineries
• Manufacture of reclaimed, blended, and compound petroleum products
• Manufacture of miscellaneous products of petroleum and coal, n.e.c.
• Warehouse for highly pollutive/extremely hazardous industries

Pollutive/Extremely Hazardous Industries


• Manufacture of paints
• Manufacture of varnishes, shellac and stains
• Manufacture of paint removers
• Manufacture of other paint products
• Manufacture of matches
• Manufacture of tires and inner tubes
• Manufacture of processed natural rubber not in rubber plantation
• Manufacture of miscellaneous rubber products n.e.c.
• Water and power generation complexes
• Liquid and solid waste management complexes
• Power plants (thermal, hydro or geothermal)
• All other types of complexes for public utilities
• Warehouse for pollutive/extremely hazardous industries

Non-Pollutive/Extremely Hazardous Industries


• Manufacture of compressed and liquefied gases
• Storage tanks, buildings for storing gasoline, acetylene, liquefied petroleum gas, calcium, carbides, oxygen,
hydrogen and the like
• Armories, arsenals and munitions factories
• Match and fireworks factories
• Acetylene and oxygen generating plants

57
• Warehouse for non-pollutive/extremely hazardous industries
Building Density and Bulk Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Applicable provisions of the Ordinance regarding parking space
• The Building Height Limit is 27 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.
• Manufacture or assembly of electronic data processing machinery and accessories
• Renovation and repair of office machinery
• Manufacture or assembly of miscellaneous office machines and those n.e.c.
• Manufacture of rowboats, bancas and sailboats
• Manufacture of animal-drawn vehicles
• Manufacture of children vehicles and baby carriages
• Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc.
• Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi meter, thermometer, etc.
• Manufacture or assembly of surgical, medical, dental equipment and medical furniture
• Ice plants and cold storage buildings
• Quick freezing and cold packaging for fish and other seafoods
• Quick freezing and cold packaging for fruits and vegetables
• Popcorn/rice factory
• Manufacture of medical/surgical supplies, adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge,
etc.
• Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support,
artificial limb, kneecap supporters, etc.)
• Manufacture of photographic equipment and accessories
• Manufacture or assembly of optical instruments
• Manufacture of eyeglasses and spectacles
• Manufacture of optical lenses
• Manufacture of watches and clocks
• Manufacture of pianos
• Manufacture of string instruments
• Manufacture of wind and percussion instruments
• Manufacture or assembly of electronic organs
• Manufacture of sporting gloves and mitts
• Manufacture of sporting balls (not of rubber or plastic)
• Manufacture of gym and playground equipment
• Manufacture of sporting tables (billiards, pingpong, pool)
• Manufacture of other sporting and athletic goods n.e.c.
• Manufacture of toys and dolls except rubber and mold plastic
• Manufacture of pens, pencils and other office and artist materials
• Manufacture of umbrella and canes
• Manufacture of buttons except plastic
• Manufacture of brooms, brushes and fans
• Manufacture of needles, pens, fasteners and zippers
• Manufacture of insignia, badges and similar emblems (except metal)
• Manufacture of signs and advertising displays (except printed)
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• Small-scale manufacturing of ice creameries
• Warehouse/Storage facility for non-pollutive/non-hazardous industries

Non-Pollutive/Hazardous Industries
• Manufacture of house furnishing
• Textile bag factories
• Canvass bags and other canvass products factory
• Jute bag factory
• Manufacture of miscellaneous textile goods, embroideries and weaving apparel
• Manufacture of fiber batting, padding and upholstery filling except coir
• Men’s and boys’ garment factory
• Women’s and girls’ and ladies’ garments factory
• Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories
• Manufacture of raincoats and waterproof outer garments except jackets
• Manufacture of miscellaneous wearing apparel except footwear
• Manufacture of miscellaneous fabricated mill work and those n.e.c.
• Manufacture of wooden and cane containers
• Sawali, nipa and split cane factory
• Manufacture of bamboo, rattan and other cane baskets and wares
• Manufacture of cork products
• Manufacture of wooden shoes, shoe lace and other similar products
• Manufacture of miscellaneous wood products and those n.e.c.
• Manufacture of miscellaneous furniture and fixture except primarily of metals and those n.e.c.
• Manufacture of paper stationery, envelopes and related articles
• Manufacture of dry ice
• Repackaging of industrial products e.g. paints, varnishes and other related products
• Pumping plants [water supply, storm drainage, sewerage, irrigation and waste treatment plants]
• Warehouse/Storage Facility for non-pollutive/hazardous industries

Pollutive/Non-Hazardous Industries
• Manufacturing and canning of ham, bacon and native sausage
• Poultry processing and canning
• Large-scale manufacturing of ice cream
• Ice plants and cold storage
• Corn mill/rice mill
• Chocolate and cocoa factory
• Candy factory
• Chewing gum factory
• Peanuts and other nuts factory
• Other chocolate and confectionery products
• Manufacturing of flavoring extracts
• Manufacture of food products n.e.c. (vinegar, vetsin)
• Manufacture of fish meal
• Oyster shell grading
• Manufacture of medicinal and pharmaceutical preparations

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• Manufacture of stationery, art goods, cut stone and marble products
• Manufacture of abrasive products
• Manufacture of miscellaneous non-metallic mineral products n.e.c.
• Manufacture of cutlery, except table flatware
• Manufacture of hand tools
• Manufacture of general hardware
• Manufacture of miscellaneous cutlery hand tools and general hardware n.e.c.
• Manufacture of household metal furniture
• Manufacture of office, store and restaurant metal furniture
• Manufacture of metal blinds, screens and shades
• Manufacture of architectural and ornamental metal works
• Manufacture of boilers, tanks and other structural sheet metal works
• Manufacture of other structural products
• Manufacture of metal cans, boxes and containers
• Manufacture of stamped coated and engraved metal products
• Manufacture of fabricated wire and cable products
• Manufacture of heating, cooking and lighting equipment except electrical
• Sheet metal works generally manual operation
• Manufacture of other fabricated metal products except machinery and equipment
• Manufacture or assembly of agricultural machinery and equipment
• Native plow and harrow factory
• Repair of agricultural machinery
• Manufacture or assembly of service industry machines
• Manufacture or assembly of elevators and escalators
• Manufacture or assembly of sewing machines
• Manufacture or assembly of cooking ranges
• Manufacture or assembly of water pumps
• Refrigeration industry
• Manufacture or assembly of other machinery and equipment except electrical n.e.c.
• Manufacture or assembly of electrical apparatus
• Manufacture or assembly of electrical cables and wires
• Manufacture of other electrical industrial machinery and apparatus n.e.c.
• Manufacture or assembly of electric equipment—radio, television, tape recorder, stereo
• Manufacture or assembly of radio and television transmitting, signaling and detection equipment
• Manufacture or assembly of telephone and telegraphic equipment
• Manufacture of other electronic equipment and apparatus n.e.c.
• Manufacture of industrial and commercial electrical appliances
• Manufacture of household cooking, heating and laundry appliances
• Manufacture of other electrical appliances n.e.c.
• Manufacture of electric lamp fixtures
• Warehouse/Storage Facility for pollutive/non-hazardous
• Parks, playgrounds, pocket parks, parkways and promenades
• Flour mill
• Cassava flour mill
• Manufacture of coffee

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• Manufacturing of unprepared animal feeds, other grain milling n.e.c.
• Production prepared feeds for animals
• Grains and cement silos
• Cigar and cigarette factory
• Curing and re-drying tobacco leaves
• Miscellaneous processing tobacco leaves n.e.c.
• Textile and fiber spinning mills
• Weaving hemp textile
• Jute spinning and weaving
• Miscellaneous spinning and weaving mills n.e.c.
• Hosiery mill
• Underwear and outwear knitting mills
• Garment and undergarment factories
• Fabric knitting mills
• Miscellaneous knitting mills n.e.c.
• Manufacture of mats and mattings
• Manufacture of carpets and rugs
• Manufacture of cordage, rope and twine
• Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper
• Manufacture of linoleum and other surface coverings
• Manufacture of artificial leather, oil cloth and other fabrics except rubberized
• Manufacture of coir
• Manufacture of miscellaneous textile n.e.c.
• Manufacture of rough lumber, unworked
• Manufacture of worked lumber
• Re-sawmills
• Woodworking establishments, lumber and timber yards
• Planning mills and sawmills, veneer plants
• Manufacture of veneer, plywood and hardwood
• Manufacture of doors, windows and sashes
• Treating and preserving of wood
• Wood drying kilns
• Manufacture of charcoal
• Manufacture of wood and cane blinds, screens and shades
• Pulp, paper and paperboard factories
• Manufacture of containers and boxes of paper and paper boards
• Manufacture of miscellaneous pulp and paper products
• Manufacture of perfumes, cosmetics and other toilet preparations
• Manufacture of waxes and polishing preparations
• Manufacture of candles
• Manufacture of inks
• Manufacture of miscellaneous chemical products n.e.c.
• Tire retreating and rebuilding
• Manufacture of rubber shoes and slippers
• Manufacture of industrial and molded rubber products

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• Manufacture of plastic footwear
• Manufacture of plastic furniture
• Manufacture of other fabricated plastic products n.e.c.
• Manufacture of table and kitchen articles
• Manufacture of pottery, china and earthen ware n.e.c.
• Manufacture of flat glass
• Manufacture of glass containers
• Manufacture of miscellaneous glass and glass products n.e.c.
• Manufacture of clay bricks, clay tiles and hollow clay tiles
• Manufacture of miscellaneous structural clay products n.e.c
• Manufacture of structural concrete products
• Manufacture of asbestos products
• Manufacture of engines and turbines except motor vehicles, marine and aircraft
• Manufacture of metal cutting, shaving and finishing machinery
• Manufacture of wood working machinery
• Manufacture, assembly, rebuilding, repairing of food and beverage making machinery
• Manufacture, assembly, rebuilding, repairing of textile machinery and equipment
• Manufacture, assembly, rebuilding, repairing of paper industry machinery
• Manufacture, assembly, rebuilding, repairing of trade machinery and equipment
• Manufacture of rice mills
• Manufacture of machines for leather and leather products
• Manufacture of construction machinery
• Manufacture of machines for clay, stove and glass industries
• Manufacture, assembly, repair and rebuilding of miscellaneous special industrial machinery and equipment
n.e.c.
• Manufacture of dry cells, storage battery and other batteries
• Boat building and repairing
• Ship repairing industry, dock yards, dry dock, shipways
• Miscellaneous shipbuilding and repairing n.e.c.
• Manufacture of locomotives and parts
• Manufacture of railroad and street cars
• Manufacture or assembly of automobiles, cars, buses, trucks
• Hangars
• Manufacture and assembly plants of aircraft engine
• Repair and testing shops for aircraft engines and parts
• Manufacture of wood furniture including upholstered
• Manufacture of rattan furniture including upholstered
• Manufacture of box beds and mattresses
• Dry cleaning plants using flammable liquids
• Paint stores with bulk handling
• Paint shops and spray painting rooms
• Signs and billboards painting shops
• Warehouses where highly combustible materials are stored
• Factories where loose combustible fiber or dirt are manufactured, processed or generated
• Warehouse for pollutive/hazardous

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Building Density and Bulk Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Applicable provisions of the Ordinance regarding parking space
• The Building Height Limit is 21 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

Section 12.8. Tourism Zone


No tourism project or tourist related activities shall be allowed in Tourism Zones unless developed or undertaken in
compliance with the Department of Tourism (DOT) Guidelines and Standards.

Allowable Uses
• Agri-tourism
• Resort areas, e.g. beach/mountain resort including accessory uses
• Theme parks
• Heritage and Historical Sites
• Other related activities such as tree parks and botanical gardens
• Tourism accommodation such as:
Cottages
Lodging inns
Restaurants
Home stays
• Souvenir shops
• Open air or outdoor sports activities
• Food production and processing activities such as vegetables, fruits and plantation crop and fish production to
sustain tourism industry
• Parking areas
• Not be less than 60% for all other uses/ activities
As defined in the NBC is the “true open space which should be of exposed soil and planted”.
Building/Structure Design Regulations
• Site development shall be designed with consideration to avoiding/minimizing
(1) risks that it will be affected by landslides; (2) its adverse impacts to the soil;
(3) and risks that it will cause landslides to nearby areas/properties.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• Buildings and structures should be laid out and designed to harmonize with the terrain to minimize earth moving
activities
• Appropriate slope, erosion and soil stabilization measures shall be applied, either through hard or soft
engineering measures
• Indigenous and mature vegetation should be retained
• Natural drainage patterns should not be altered; and
• Use sustainable drainage systems to include rainwater storage tanks, green roofs, etc. that can decrease the flow
and make productive use of storm water run-off.

Section 12.9. Regulations in Cemeteries Zone


An area in a city/municipality intended for the interment of the dead.

Allowable Uses
• Memorial Parks
• Cemetery
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• Columbarium
• Crematorium
• Ossuary
• Customary accessory uses such as crypts, chapels, parks, playgrounds, pocket parks, parkways, promenades,
parking, and toilet facilities
Building Density and Bulk Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• The Building Height Limit is 15 meters above highest grade as provided in the NBC.
• Subject to HLURB Rules and Regulations for Memorial Parks and Cemeteries and other applicable
guidelines/standards of concerned agencies
• Subject to national locational guidelines and standards of concerned agencies.

Section 12.10. Regulations in Mangrove Zone


Per the Fisheries Code, this zone is characterized as “a community of intertidal plants including all species of
trees, shrubs, vines and herbs found on coasts, swamps or border of swamps.”

Allowable Uses/Activities

• Mangrove plantations
Building Regulations
• No permanent buildings or structures are allowed.

Section 12.11. Regulations in Municipal Waters Zone


Per Republic Act No. 8550 or the Philippines Fisheries Code of 1998, this zone covers the Municipal
Waters which “include not only streams, lakes, inland bodies of water and tidal waters within the (city) municipality
which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public
forest, timber lands, forest reserves or fishery reserves, but also marine waters… (boundary delineation defined in
the Fisheries Code).”

Regulations shall be in accordance with the Fisheries Code, Presidential Decree No. 1067 or the Water
Code of the Philippines, Republic Act No. 9275 or the Philippine Clean Water Act of 2004 and related issuances.

Municipal Fishing Sub-Zone


An area within the Municipal Waters Zone of the municipality where only municipal fishing, as defined in the
Fisheries Code, is allowed.
Allowable Uses/Activities
• Fishing using fishing vessels of three (3) gross tons or less
• Fishing not requiring the use of fishing vessels
Building Regulations
• No permanent buildings or structures are allowed.

Sanctuary Sub-Zone
Per the Fisheries Code, these are designated areas “where fishing and other forms of activities which may
damage the ecosystem of the area is prohibited and human access may be restricted.”

Allowable Uses/Activities
• Regeneration of marine life,

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Building Regulations
• No permanent buildings or structures are allowed.

Foreshore Land Sub-Zone


Per the Fisheries Code, this is “a string of land margining a body of water; the part of a seashore between the
low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide
usually marked by a beach scarp or berm.”

Allowable Uses/Activities
• Legal Easement
Building Regulations
• Except for duly-approved protective coastal structures, no other permanent buildings or structures are allowed.

Commercial Fishing Sub-Zone


An area within the Municipal Waters Zone of the municipality where commercial fishing, subject to the
provisions of the Fisheries Code, is allowed.
Allowable Uses/Activities
• Small scale commercial fishing, as defined in the Fisheries Code
• Medium scale commercial fishing, as defined in the Fisheries Code
• Large scale commercial fishing, as defined in the Fisheries Code
Building Regulations
• No permanent buildings or structures are allowed.

Section 12.12. Regulations in Parks and Recreation and


Green Pasture Zone
An area designed for diversion/amusements and for the maintenance of ecological balance in the community.

Allowable Uses
• Parks, playgrounds, pocket parks, parkways, promenades and playlots, gardens
• All types of resort complexes such as those providing accommodation, sports, dining and other leisure
facilities
• Open air or outdoor sports activities and support facilities, including low rise stadia, gyms, amphitheaters and
swimming pools
• Ball courts, skating rinks and similar uses
• Memorial/Shrines monuments, kiosks and other park structures
• Sports clubs
• Parking structures/facilities
• Open space buffers and easements
• Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Eateries/canteens
Parking lots/garage facilities
Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
Pump houses
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Generator houses

Building Density and Bulk Regulations


• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• The Building Height Limit is 15 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies
These are yards, parks or open spaces intended to separate incompatible elements or uses to control
pollution/nuisance and for identifying and defining development areas or zones where no permanent structures are
allowed.
Allowable Uses
• Open spaces/gardens, park structures such as playgrounds, jogging trails, bicycle lanes
• Plant nurseries
• Ground-level or underground parking structures/facilities
• Agriculture, silviculture, horticulture
• Customary accessory uses incidental to any of the above such as offices, eateries/ canteens, parking, kiosks,
retail stores and toilet facilities
Building Density and Bulk Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• The Building Height Limit is six (6) meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

Section 12.13.Regulations in Utilities, Transportation, and


Services Zone
An area in 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).

Allowable Uses
• Bus and railway depots and terminals
• Port facilities
• Airports and heliport facilities
• All other types of transportation complexes
• Power plants (thermal, hydro, geothermal, wind, solar)
• Pumping plants [water supply, storm drainage, sewerage, irrigation and waste treatment plants ]
• Liquid and solid waste management facilities
• Climate monitoring facilities
• Telecommunication facilities such as cell (mobile) phone towers
• All other types of large complexes for public services
• Customary accessory uses incidental to any of the above uses such as:
Staff houses/quarters
Offices
Parking lots/garage facilities
Eateries/canteens
Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
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Pump houses
Generator houses
Building Density and Bulk Regulations
• Per the relevant provisions of the NBC and this Ordinance.
• Applicable provisions of Revised IRR of the National Building Code of the Philippines (PD 1096)
• The Building Height Limit is fifteen (15) meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards

Section 13. Regulations in Overlay Zones


A “transparent zone” that is overlain on top of the Basic Zone or another Overlay Zone that provides an
additional set (or layer) of regulations. These additional layers of regulations may pertain to additionally
allowable uses, building density and bulk and building/ structure design that are deemed necessary to achieve the
objectives for the Overlay Zone.

Section 13.1. Landslide Overlay Zone (LSD-OZ)


Objective

• LSD-OZ regulations are applied in areas identified in the CLUP as highly susceptible to landslides. The
objectives of these regulations are to avoid/minimize potentials for landslide occurrence, and to protect lives
and properties from its impacts.
Allowable Uses
• Allowable uses shall be as provided in the Base Zone, subject to the following additional regulations
Building Density and Bulk Regulations
• The Maximum Allowable Percentage of Site Occupancy (MAPSO) (defined in the NBC as the area of ground
coverage of Allowable Maximum Building Footprint), expressed as a percentage of the total lot area, shall be:
20% for Parks and Recreation uses
30% for all other uses/ activities
The MAPSO shall include all buildings and structures built or to be built on the lot.
• The Unpaved Surface Area (USA) of developments shall:
Not be less than 70% for Parks and Recreation uses

Section 13.2. Flood Overlay Zone (FLD-OZ)


Objective
• FLD-OZ regulations are applied in areas that have been determined in the CLUP as flood-prone. The objective
of the Flood Overlay Zone is to protect lives and properties from the harmful effects of flood.
Allowable Uses
• Allowable uses shall be as provided in the respective Base Zone, subject to the following additional regulations
Building/Structure Design Regulations
• Buildings shall be made flood proof through any or combination of the following means:
Raising the lowest floor line at or above the Flood Protection Elevation (FPE) as determined by the
DPWH either through fill or by using stilts;
Providing roof decks that can be used for evacuation purposes;
Building utility connections such as those for electricity, potable water and sewage shall be located at
elevations higher than the FPE;
Natural drainage patterns should not be altered; and

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Use sustainable urban drainage systems (SUDS) to include rainwater storage tanks, green roofs, etc.
that can decrease the flow and make productive use of storm water run-off.

Section 13.3. Ecotourism Overlay Zone (ETM-OZ)


Objective
• The objective for this Overlay Zone is to ensure that the dual goals of environmental conservation and tourism
economic development are attained.
Allowable Uses
In addition to those uses that may be allowed in the Base Zone, the following are uses and activities that may be
allowed in the Ecotourism Overlay Zone:
• Accommodation facilities
• Boardwalks
• Dining facilities
• Dive shops/Diving lesson establishments
• Water-oriented recreation/sports rental equipment shops
• Tourism-oriented retail shops (e.g. souvenirs, clothes, etc.)
• Foreign exchange shops/establishments
• Ecotourism facilities such as resorts should have heights of no greater than (xx) meters from highest grade to
roof apex line.
• The minimum setback of buildings from the inland foreshore line is (xx) meters.
• The maximum building footprint shall be (xx)% of the total lot area.
Building/Structure Design Regulations
• Ecotourism facilities such as hotels, resorts, should be made of light indigenous materials.
• Designs should conform to the applicable standards of the Department of Tourism.
• Only single-detached or duplex structures shall be allowed.
• The freeboard elevation of buildings shall be 600mm measured from the outermost building line facing the
foreshore to the building’s finish floor line.
• Buildings on stilts are encouraged.
• Electrical appliances should be raised with a minimum height of 600mm from each building’s finish floor line.
• The use of impermeable paving materials outside of building envelopes shall not be allowed.
• Only picket fences made of wood or bamboo and with heights no greater than 600mm shall be allowed.
• The use of firewalls along property lines shall not be allowed.

Section 13.4. Urban Corridor Overlay Zone (UCD-OZ)


Objectives
UCD-OZ regulations are applied to properties fronting both sides of (name of road) from (name of junction) to
(name of junction). These overlay regulations are intended to:
• Minimize roadside friction by reducing contact between vehicular through traffic and vehicle movement to and
from individual properties
• Ensure that pedestrian walks are free from encroachments of parked vehicles
• Ensure a friendly and vibrant urban environment by reducing the rigidity of streetscapes

Allowable Uses
• Allowable uses shall be as provided in the applicable Base Zone subject to the following additional regulations.
Parking Layouts
• Under no circumstances shall vehicular parking be made to occupy road rights-of-way;
• The minimum setback of buildings from the right-of-way line of (name of road) shall be 10 meters;
• Parking layouts that cause the backing of vehicles onto (name of road) shall not be allowed;
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• Parking spaces shall be provided with distinct entry and exit points, i.e., through driveways; and
• Parking spaces may be laid out along the building frontage within the property line.

Fencing
• Fences along (name of road) shall have a maximum height of (xx) meters;
• The base may be made of opaque materials, such as concrete hollow blocks, with a height no greater than (xx)
meters from the street sidewalk elevation; the top 66 An LGU's Guide to CLUP Preparation portion of the
fence shall be made of see-through materials such as steel grills,
• Fences made of plants shall have a height of (xx) meters.

Section 13.5. Faultline Overlay Zone (FLT-OZ)


Objective
• FLT-OZs are applied in areas defined by five (5)-meter wide strips on both sides of and running along identified
earthquake faults. The objective of these regulations is to minimize the possible harmful effects of fault
movements to properties.
Allowable Uses
Only the following uses shall be allowed within identified FOZs:
• Parks, playgrounds, pocket parks, parkways, promenades and play lots
• Legal easements
The above uses supersede the list of Allowed Uses in the Base Zones affected by FOZs.
Building Density and Bulk Regulations
• No permanent buildings/structures shall be built within FLT-OZs.

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.

Article VI
General Regulations

Section 15. Height Regulations


Notwithstanding the Building Height provisions of this ordinance, building heights should also conform to
the height restrictions and requirements of the Civil Aviation Authority of the Philippines (CAAP).

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Exempted from the imposition of height regulations in residential zones are the following: towers, church,
steeples, water tanks and other utilities and such other structures not covered by the height regulations of the
National Building Code and/or the CAAP.

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;70 An LGU's Guide to CLUP Preparation
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; and,
23. RA 100121 or Disaster Risk Reduction and Management Act – disaster-prone and geo-hazard areas.
24. Other relevant guidelines promulgated by the national agencies concerned.

Section 17. Easement


Pursuant to the provisions of the Water Code: 1) the banks of rivers and streams and the shores of the seas
and lakes throughout their entire length 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 easements 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.
Mandatory five-meter easement on both sides of earthquake fault traces on the ground identified by
PHIVOLCS.

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As required by the City/Municipal Government, road widening and road construction program illustrated in
Annex 4 as well as other projects that may later on be identified.

Section 18. Buffer Regulations


A buffer of four (4) meters (or as declared by the LGU) shall be provided along entire boundary length
between two or more conflicting zones/sub-zones allocating two (2) meters from each side of the zone/sub-zone
boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a
part of the yard or open space.

Section 19. Specific Provisions in the National


Building Code
Specific provisions stipulated in the National Building Code (P.D. 1096), as amended thereto, relevant to
traffic generators, advertising and business signs, erection of more than one principal structure, dwelling on 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/Municipality. The permit for such sign shall indicate the location, size, slope, contents and type of construction.

It shall be unlawful to maintain an obsolete sign by reason of discontinuance of business, service or activity
for more than 60 days there from.

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

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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 municipality. In order to achieve this
objective, all developments shall comply with the following regulations:

1. Views shall be preserved for public enjoyment especially in sites with high scenic quality by closely
considering building orientation, height, bulk, fencing and landscaping.
2. 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;
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 should be subject to
the approval of concerned regulatory agencies. 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 municipality 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 municipalities to Reclassify Agricultural Lands into Non-Agricultural Uses.

72
Applications for agricultural land re-classification approved by the Municipality shall be submitted to the
HLURB/Sangguniang Panlalawigan for review and final approval.

Section 24. Network of Green and Open Spaces


The municipality 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:
1. All residential, commercial, industrial, institutional offices shall comply with the provisions of 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 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 Municipality of Lemery 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.
6. 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.
7. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point beyond the limits
of the property.
8. Fencing along roads shall be see-through. 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.

73
The Zoning Administrator shall require the following:

1. 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.

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 (CLUP guidebook).

Section 28. Procedures for Evaluating Variances


and/or Exceptions
The procedure for evaluating applications for Variances and/or Exceptions is as follows:

74
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.

Article IX
Administration and Enforcement

Section 29. Approved Zoning Maps


The Approved Municipal 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
• Municipal Planning and Development Office
• Municipal Assessor’s Office
• Municipal Engineer’s Office
• Municipal Agrarian Reform Office
• Municipal Agriculture Office
• Municipal 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/76 An LGU's Guide to CLUP Preparation 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. Projects 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)
75
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.
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 Municipal 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 Zoning
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.

76
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-
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.78 An LGU's Guide to CLUP Preparation
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.
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.

77
Section 43. Qualifications of the Zoning
Administrator/Zoning Officer
The Zoning Administrator/Zoning Officer must comply with the requirements of RA No. 10587, also
known as the Environmental Planning Act of 2013.

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/Municipal Fiscal and/or City/Municipal 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/Bayan.

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 ( CLUP
Guidebook 2014 Volume 3 79):
1. Act on applications of the following nature:
a. Variances
b. Exceptions
c. Non – Conforming Uses
d. 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


78
Decisions of the LZBA shall 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 or Municipal Mayor as Chairman


2. SP/SB Committee Chairperson on Land Use/Zoning (If said committee is non-existent, the SP/SB may elect a
representative)
3. City or Municipal Legal Officer
4. City or Municipal Assessor
5. City or Municipal Engineer
6. City or Municipal Planning and Development Coordinator (if other than the Zoning Administrator/Zoning
Officer)
7. City/Municipal 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/ Municipal 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/Municipal 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/Municipal-wide land use implications
4. Petition for re-zoning/re-classification with City/Municipal-wide implications
5. Increasing number of applications/issuances invoking variances and exceptions

Section 50. Composition of the Local Zoning Review


Committee (LZRC)
The Local Zoning Review Committee shall be composed of the following:

1. Sangguniang Panlungsod/Bayan Chairperson on Land Use/Zoning (or equivalent committee)


2. City/Municipal Planning and Development Coordinator
3. City/Municipal Zoning Administrator/Zoning Officer
4. City/Municipal Assessor
5. City/Municipal Legal Officer
6. City/Municipal Engineer
7. City/Municipal Community Environment and Natural Resources Officer/Disaster Risk Reduction and
Management Officer
8. City/Municipal Agriculturist
9. Municipal Agrarian Reform Officer
79
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/Municipal 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/Bayan 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/Bayan.
Any amendment shall take effect only after approval and authentication by HLURB or Sangguniang
Panlalawigan. CLUP Guidebook 2014 Volume 3 81

Section 53. Violation and Penalty


Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a
fine or imprisonment as provided under the Local Government Code 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 locality.

Section 55. Non-Diminution of National Standards

80
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.

Approved this _____ day of _____________, 2018 in ____________________________.

APPROVED BY:

_______________________________
City/ Municipal Vice-Mayor

____________________________________ ____________________________________
Xxx Xxx
Councilor Councilor

____________________________________ ____________________________________
Xxx Xxx
Councilor Councilor

____________________________________ ____________________________________
Xxx Xxx
Councilor Councilor

____________________________________ ____________________________________
Xxx Xxx
Councilor Councilor

____________________________________ ____________________________________
Xxx Xxx
Councilor Councilor
81
____________________________________ ____________________________________
Xxx Xxx
Councilor Councilor

ATTESTED BY:
____________________________________
xxx
Sangguniang Panlungsod / Bayan Secretary

APPROVED BY:
____________________________________
xxx
Municipal Mayor

82
Compatibility Matrix,
Municipality of Lemery

83
84
85
.

86
87
88
Annex 1. Land Use Categories and Color Coding
Base Zone Sub-Zone Color Code RGB
Forest Zone FZ
(Protection) Forest Reserve Sub-Zone FR-SZ 0,100,0
National Park Sub-Zone NP-SZ 0,100,0
Military Reservation Sub-
Zone MR-SZ 0,100,0
Civil Reservation Sub-Zone CR-SZ 0,100,0
NIPAS: Strict Protection
Sub-
NSP-SZ 0,100,0
Zone
(Production) NIPAS: Multiple Use Sub-
NMU-SZ 0,100,0
Zone
Forest Buffer Sub-Zone FB-SZ 0,100,0
Industrial Forest Plantation
IFP-SZ 0,100,0
Sub-Zone
Special Use Sub -Zone SU-SZ 0,100,0
Grazing Land Sub-Zone GZ-SZ 0,100,0
Agricultural Zone AGZ
Protection Agricultural Sub-
PTA-SZ 0,150,0
Zone
Production Agricultural
Sub-
PDA-SZ 0,150,0
Zone
Municipal Waters Zone WZ
Fishery Refuge and
(Protection) Sanctuary
FRS-SZ 175,200,225
Sub-Zone
Foreshore Land Sub-Zone FL-SZ 175,200,225
Mangrove Sub-Zone Mn-SZ 175,200,225
Fishery Reserve Sub-Zone FyR-SZ 175,200,225
Delta/ Estuary Sub-Zone D/E-SZ 175,200,225
Lake Sub-Zone La-SZ 175,200,225
(Production) Mariculture Zone and Park
MZP-SZ 175,200,225
Sub-Zone
Aquaculture Sub-Zone Aq-SZ 175,200,225
Commercial Fishing Sub-
Zone CF-SZ 175,200,225
Municipal Fishing Sub-Zone MF-SZ 175,200,225
Sealane Sub-Zone SL-SZ 175,200,225
Mineral Land Zone MLZ
Mineral Reservation Sub-
Zone MNR-SZ 153,51,0
Quarry Sub-Zone Q-SZ 153,51,0
Small-scale Mining Sub-
Zone SsM-SZ 153,51,0
General Residential
Zone GR-Z 255,255,0
Residential – 1 (R-1)
Zone R1-Z 255,255,0
89
Residential – 2 (R-2)
Zone R2-Z 255,255,0
Basic R-2 Sub-Zone BR2-SZ 255,255,0
Maximum R-2 Sub-Zone MR2-SZ 255,255,0
Residential – 3 (R-3)
Zone R3-Z 255,255,0
Basic R-3 Sub-Zone BR3-SZ 255,255,0
Maximum R-3 Sub-Zone MR3-SZ 255,255,0
Residential – 4 (R-4)
Zone R4-Z 255,255,0
Residential – 5 (R-5)
Zone R5-Z 255,255,0
Socialized Housing
Zone SH-Z 255,255,0

90
General Commercial Zone GC-Z 255,0,0
Commercial – 1 (C-1) Zone C1-Z 255,0,0
Commercial – 2 (C-2) Zone C2-Z 255,0,0
Commercial – 3 (C-3) Zone C3-Z 255,0,0
Agri-Industrial Zone AgIndZ 200,150,255
Industrial – 1 (I-1) Zone I1-Z 150,0,200
Industrial – 2 (I-2) Zone I2-Z 150,0,200
Industrial – 3 (I-3) Zone I3-Z 150,0,200
General Institutional Zone GI-Z 0,0,255
Special Institutional Zone SI-Z 0,0,255
Tourism Zone T-Z 255,153,0
Parks and Recreation Zone PR-Z 100,225,100
Cemetery /Memorial Park Zone C/MP-Z 100,225,100
Buffer/ Greenbelt Zone B/G-Z 50,225,50
Utilities, Transportation and Services Zone UTS-Z 190,190,190

Note: Overlay Zones can be reflected as broken lines over the Base Zones.These broken lines may use
different colors to reflect different types of Overlay Zones.
e.g.

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Annex 2. Sample Zoning Map

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