Step 8 Drafting the Zoning

Ordinance

Zoning ordinances are crucial in urban planning and development. In the

Philippines, it's important to consider the legal framework and public
involvement in drafting an effective ordinance.

Learn how zoning ordinances shape our cities and facilitate development. Get an
overview of what's involved in the drafting process.

By Mirasol Pearl E. Pelipog

Cristobal P. Nazareno
Jesco Von A. Velasco
Mark Joseph Ambat
Defining the Zoning
Zoning is a scientific concept and refers to the segregation of a
vast mass of land such as that of a city or a township into a
number of zones. This is done in order to facilitate the proper use
of land for different purposes.

Zoning allows local governments to regulate which areas under

their jurisdiction may have real estate or land used for particular
purposes.
Defining the Zoning Ordinance

Definition Zoning Map Importance

A zoning ordinance is a legal tool A zoning map identifies the The zoning ordinance serves as a
that regulates land use and various zones of a community or guide to ensure that local land use
development in a specific area, municipality and their is consistent with the general
dividing it into zones with specific corresponding land use welfare of the community,
requirements and restrictions. restrictions to ensure their promoting sustainable
appropriate utilization. development and equitable
distribution of resources.
Factors to Consider in Drafting a Zoning
Ordinance
1 Land Use 2 Population 3 Environment

The type and character of The expected population The zoning ordinance
the land use and the should also be considered should also address
corresponding zone's when drafting the zoning environmental concerns
suitability should be taken ordinance, taking into such as the preservation of
into account to avoid any account density, natural resources, wildlife
potential conflicts. demographics, and the habitats, and the
needs of the area. maintenance of clean air
and water for the
community.
CLUP and Zoning Ordinances

CLUP ZONING ORDINANCE

• Land Use Plans are not self executing. • Zoning ordinances is a legal and enforceable
document that contains:
• A Technical Document that contains: • Specific or detailed rules
• Policy Statements • Systems and Procedures
• Development Strategies • Incentives
• Programs and Projects • Sanctions
 Zoning Ordinance Basics

• Laws that implement the policies of the

Comprehensive Plan
Implementation and Enforcement of the
Zoning Ordinance
Enforcement LGU Responsibility Compliance
mechanisms
The LGU is primarily Citizens should exert efforts
The zoning ordinance should responsible for enforcing the to comply with zoning
provide specific enforcement zoning ordinance, and land regulations for the ordinance
mechanisms, such as use violators can be penalized to effectively regulate
administrative fines or depending on the damage existing residential and
criminal sanctions for being caused. commercial uses.
violators.
Components of a Model Zoning Ordinance
ARTICLES:

I. TITLE OF THE ORDINANCE VII. PERFORMANCE STANDARDS

II. AUTHORITY AND PURPOSE VIII. MITIGATING DEVICES

III. DEFINITION OF TERMS IX. ADMINISTRATION AND ENFORCEMENT

IV. ZONE CLASSIFICATIONS

V. ZONE REGULATIONS

VI. GENERAL REGULATIONS

I. TITLE OF THE ORDINANCE

It provides an identifying name for the ordinance or resolution enacted by a local government. It establishes the rules for
the operation of the local government or provides rules and regulations governing public activity in the community.
II. AUTHORITY AND PURPOSE / ENACTMENT

It provides law enacted by a local government. It establishes the rules for the operation of the local government or
provides rules and regulations governing public activity in the community.
III. DEFINITION OF TERMS
It provides ensures that your readers will understand the components of your study in the way that you will be presenting them, because often your readers
may have their own understanding of the terms, or not be familiar with them at all.
IV. ZONE CLASSIFICATIONS
The designation of zones should be based on the CLUP and on the zoning approach preferred by the LGU and should be
translated into a map.
1.Low Density Residential:
1. Land Use - Low Density Residential zones are primarily designated for single-family homes and low-rise residential developments.
2. Dwelling Types - Single-family houses, townhouses, and low-rise apartment buildings are common in low-density areas.
3. Spacing - Properties are typically larger, and buildings are more spread out, resulting in lower population density.
4. Green Spaces - There may be more green spaces, yards, and open areas in low-density residential zones.
5. Amenities - These areas may have fewer community amenities and services due to lower population density.
6. Traffic - Lower population density often results in less traffic congestion.
2.Medium Density Residential:
1. Land Use - Medium Density Residential zones allow for a mix of housing types, including single-family homes, townhouses, and low- to
mid-rise apartment buildings.
2. Dwelling Types - In addition to single-family homes, you may find duplexes, triplexes, and apartments up to a certain height limit.
3. Spacing - Properties are smaller than in low-density areas, but still relatively spaced out compared to high-density areas.
4. Green Spaces - There may be moderate green spaces and landscaping efforts to maintain a balance between development and nature.
5. Amenities - Medium-density areas may offer a mix of community amenities and services, catering to a larger population.
6. Traffic - Traffic may be moderate, depending on the specific location and infrastructure.
3.High Density Residential:
1. Land Use - High Density Residential zones are designed for high-rise and dense residential developments.
2. Dwelling Types - This category may include high-rise apartment buildings, condominiums, and other multi-family housing options.
3. Spacing - Properties are typically smaller and built closer together, resulting in a higher population density.
4. Green Spaces - There may be limited green spaces, and landscaping may be more focused on common areas or rooftops.
5. Amenities - High-density areas often feature a wide range of community amenities, such as retail spaces, public transportation, and
recreational facilities.
6. Traffic: - High-density areas tend to have heavier traffic due to the concentration of residents and commercial activities.
1.Commercial 1 (C1):
1. Land Use - C1 zones are often designated for neighborhood or community commercial activities.
2. Business Types - Permitted businesses in C1 zones are usually small-scale and cater to local residents. This may include convenience stores,
small shops, cafes, and local services.
3. Building Height - Typically, there are restrictions on building heights in C1 zones, and you're more likely to find low- to mid-rise buildings.
4. Density - Population and traffic density in C1 zones are generally lower compared to C2 and CBD areas.
5. Parking - Parking requirements may be more relaxed in C1 zones due to the smaller-scale businesses.
2.Commercial 2 (C2):
1. Land Use - C2 zones are often designated for more varied and larger commercial activities compared to C1.
2. Business Types - Businesses in C2 zones can be larger and more diverse, including retail stores, larger restaurants, offices, and service
establishments.
3. Building Height - Building height restrictions in C2 zones may allow for taller buildings compared to C1, such as mid-rise to high-rise
structures.
4. Density - Population and traffic density in C2 areas may be higher than in C1 but lower than in CBD areas.
5. Parking - Parking requirements may be moderate in C2 zones, considering the larger-scale businesses and potential customer traffic.
3.Central Business District (CBD):
1. Land Use - The CBD is the primary commercial and financial hub of a city or municipality. It often serves as the central core for business,
commerce, and government activities.
2. Business Types - CBDs feature a wide variety of businesses, including large corporate offices, major retail centers, government buildings,
hotels, and more.
3. Building Height - CBD areas typically allow for the construction of tall buildings, including skyscrapers, to maximize land use in the city
center.
4. Density - CBDs are the most densely populated and busiest areas in terms of both population and traffic. They are often the epicenter of a
city's economic and social activities.
5. Parking - CBD areas may have strict parking regulations, encouraging the use of public transportation and reducing congestion.
1.Industrial Zone 1 (I-1):
1. Light Industrial: I-1 zones are usually designated for light industrial activities, which often involve manufacturing, assembly, and
processing of goods with minimal environmental impact.
2. Limited Noise and Pollution: These zones tend to have restrictions on noise levels and pollution to ensure they don't disrupt surrounding
residential or commercial areas.
3. Typically Located Near Transportation: They are often located near transportation infrastructure like highways, railroads, or ports for easy
access to transportation and distribution networks.
4. Examples of permitted uses may include small manufacturing plants, warehouses, and research and development facilities.
2.Industrial Zone 2 (I-2):
1. General Industrial: I-2 zones are designed for a broader range of industrial activities, including both light and heavy industry.
2. Moderate to High Noise and Pollution: Compared to I-1, I-2 zones may allow for more noise and pollution, but within regulatory limits to
prevent significant negative impacts on the surrounding environment.
3. Zoning Flexibility: I-2 zones often provide more flexibility for a variety of industrial operations.
4. Permitted uses may include manufacturing facilities, industrial parks, and distribution centers.
3.Industrial Zone 3 (I-3):
1. Heavy Industrial: I-3 zones are typically reserved for heavy industrial operations that can have a more significant impact on the
environment.
2. High Noise and Pollution: These zones may permit higher levels of noise and pollution, but they are still subject to strict regulations and
environmental controls.
3. Limited Zoning Flexibility: The zoning regulations in I-3 zones are often more stringent, with fewer permitted uses than I-1 and I-2 zones.
4. Examples of uses might include heavy manufacturing plants, chemical processing facilities, and industrial waste disposal sites.
LGUs may designate general zones as exemplified in the table below:
A zone may also be divided into sub-zones in cases where more
detailed land use regulations are desired. As shown in the above
example, an R-2 Zone may be divided into a Basic R-2 and Maximum
R-2 where the allowable uses may be similar but with varying density
controls. Forest and Coastal Zones should also be divided into
subzones with varying land use control regulations as provided by
existing laws.

The provisions of relevant laws, such as the National Building Code,

Revised Forestry Code, Fisheries Code, Agriculture and Fisheries
Modernization Law, Heritage Act, Tourism Code, etc. with regards to
zone divisions should be considered in designating zones.
ZONING COLOR CODE
ZONING COLOR CODE
ZONING COLOR CODE
ZONING COLOR CODE

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.
 ZONING MAP
A Zoning Map is a duly authenticated map defining
divisions of different planned land uses and regulations
of land into zones in a city/ municipality. It is a graphical
translation of the Regulatory Statements to facilitate
their application. For purposes of accountability, the
zoning map shall be provided with transparent
overlay(s) depicting critical information that the users/
public should know, e.g. fault lines, subsidence areas,
protected areas, etc.
 V. ZONE REGULATIONS
The Zoning Ordinance should effectively promote safety and resilience by ensuring that regulations to reduce or prevent
increasing risk are formulated based on the following principles:

• In areas highly susceptible to hazards,

• Prevent development and maintain as open space where possible. This can be done through:
• Limiting use to conservation, recreation (parks), or agriculture
• Prohibiting reclassification to residential, commercial, or industrial use.
• Where development has already occurred, protect life and existing development from losses. This can be done through:
• Protective infrastructure (where feasible)
• Setting up early warning and evacuation systems
• Redevelopment and retrofitting
• In areas moderately susceptible to hazards, 142 An LGU's Guide to CLUP Preparation | PART 2 | Step 8 s Keep land
use intensity, buildings value, and occupancy to a minimum. This can be done through: v Density restrictions v
Minimum lot cuts v Clustering of development where risks are lowest s Where the above strategy is not feasible, risk
mitigation can be done through application of the following: v Urban design standards v Site planning standards
• In areas moderately susceptible to hazards
• Keep land use intensity, buildings value, and occupancy to a minimum. This can be done through:
• Density restrictions
• Minimum lot cuts
• Clustering of development where risks are lowest
• Where the above strategy is not feasible, risk mitigation can be done through application of the following:
• Urban design standards
• Site planning standards
Types of Zones and Their Respective
Regulations
Residential Zones Designed for single-family homes, multi-family
dwellings, or mixed-use residential and commercial
developments.

Commercial Zones Intended for retail, service, and other commercial

uses, such as restaurants and offices.

Industrial Zones Designed for manufacturing, processing,

warehousing, and other industrial uses.

Mixed-Use Zones Intended for a combination of residential,

commercial, and industrial uses.
VI. GENERAL REGULATIONS
It provides law enacted by a local government. It establishes the rules for the operation of the local government or
provides rules and regulations governing public activity in the community.
These are sections from the Article IV "General Regulations" in the Comprehensive Land Use Planning (CLUP) of the Philippines, which
are typically found in a local government's zoning ordinances or land use regulations. These regulations are crucial for controlling and
managing land use, development, and construction within a specific area, such as a city or municipality. Here's an explanation of each
section:

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). 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;
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 Locational Guidelines and CLUP Guidebook 2013- 2014
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 8749 – Clean Air Act 14. RA 9003 – Ecological Solid Waste Management Act
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 10121 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. 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.
Development Standards and Guidelines

1 Building Height and Density

Regulates the maximum height and density

of the buildings within each zoning
Off-street Parking 2 district. Considerations may include
Specifies the requirements for parking traffic, utilities and environmental impacts.
spaces based on the use, size and number
of vehicles expected on site. May also
consider alternative transportation modes.
3 Signage and Lighting

Standardizes the design, placement and

illumination of commercial and
promotional signs for visual effect. Limits
lighting nuisances that could affect
neighboring property values.
VII. PERFORMANCE STANDARDS
It provides law enacted by a local government. It establishes the rules for the operation of the local government or
provides rules and regulations governing public activity in the community.
 Article VII “Performance Standards” of the Comprehensive Land Use Planning (CLUP) in the Philippines, pertain to performance
standards, environmental conservation, agricultural land preservation, green spaces, site development, and infrastructure capacities.
Here's an explanation of each section:

Section 21 - Application of Performance Standards

The following performance standards are intended to ensure land use and neighborhood compatibility. Proposed developments shall comply with
the applicable performance standards which shall form part of the requirements for Locational Clearance. These standards are by no means
exhaustive or all inclusive. The Local Zoning Board of Appeals (LZBA) may require other standards, when deemed necessary, to ensure land use and
neighborhood compatibility. These shall be enforced through the Implementing Guidelines that is made part of this ZO.
Section 22 - Environmental Conservation and Protection Standards
It is the intent of the ZO to protect the natural resources of the City/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 are not permitted. Air quality at the point of emission shall be maintained at specified levels according
to DENR’s latest Air Quality Standards.
12. Developments that generate a significant volume of solid waste shall provide appropriate solid waste collection and disposal systems and facilities.
13. Industrial processes/activities should not cause negative impacts to the environment. The Zoning Administrator/Zoning Officer may request for
descriptions of these as part of the requirements for Locational Clearance.
Section 23 - Agricultural Land Conservation and Preservation Criteria
Agricultural lands are recognized as valuable resources that provide employment, amenity and bio-diversity. All agricultural lands in the City and
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 Cities and Municipalities to Reclassify Agricultural Lands into Non-Agricultural Uses. Applications for agricultural
land re-classification approved by the City/Municipality shall be submitted to the HLURB/Sangguniang Panlalawigan for review and final approval.

Section 24 - Network of Green and Open Spaces

The City/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, as applicable:
1. All residential, commercial, industrial and mixed-use subdivisions, in compliance with the rules and regulations of PD 1216, PD 953, PD 957 and
BP 220, are respectively required to provide tree-planted strips along their internal roads.
2. Similar developments shall also be required to provide landscaped tree parks that may be made part of the open space requirements mandated
by PD 957, BP 220 and related laws, These mandated open spaces shall be classified as nonalienable public lands, and non-buildable.
3. Roof decks of all buildings shall be landscaped, as applicable.
4. Parking lots having at least 20 car parking slots shall be: a. Landscaped with suitable trees. The minimum height of trees at the time of securing
an Occupancy Permit shall be 1.80 meters from the base to the crown. b. 50% paved with permeable or semi-permeable materials such as
grass, gravel, grass pavers and the like.
Section 25 - Site Development Standards
The City/Municipality consider it in the public interest that all projects are designed and developed in a safe, efficient and aesthetically pleasing
manner. Site development shall consider the environmental character and limitations of the site and its adjacent properties. All project elements shall
be in complete harmony according to good design principles and the subsequent development must be visually pleasing as well as efficiently
functioning especially in relation to the adjacent properties and bordering streets.
Further, designs should consider the following:
1. The height and bulk of buildings and structures shall be so designed that it does not impair the entry of light and ventilation, cause the loss of
privacy and/or create nuisances, hazards or inconveniences to adjacent developments.
2. Abutments to adjacent properties shall not be allowed without the neighbor’s prior written consent which shall be required by the Zoning
Administrator/Zoning Officer prior to the granting of a Locational Clearance;
3. The capacity of parking areas/lots shall be per the minimum requirements of the National Building Code. These shall be located, developed and
landscaped in order to enhance the aesthetic quality of the facility. In no case shall parking areas/lots encroach into street rights-of-way.
4. Developments, such as shopping malls, schools, places of worship, markets, sports stadia and the like, which attract a significant volume of
transportation, such as PUVs and, private vehicles shall provide adequate on-site parking for the same. These should also provide vehicular loading
and unloading bays so as through street traffic flow will not be impeded.
5. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided to all noise and vibration-producing operations. Noise
levels shall be maintained according to levels specified in DENR’s latest guidelines on the Abatement of Noise and Other Forms of Nuisance.
6. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point beyond the limits of the property.
7. Fencing along roads shall be see-through. Side and rear fencing between adjacent lots (not facing a road) may be of opaque construction materials.
Section 26 - Infrastructure Capacities
All developments shall not cause excessive requirements at public cost for public facilities and services. All developments shall exhibit that
their requirements for public infrastructure (such as roads, drainage, water supply and the like) are within the capacities of the system/s
serving them.
The Zoning Administrator shall require the following:
1. Drainage Impact Assessment Study All development proposals in flood prone areas and all major proposals likely to affect the existing
drainage regime, including commercial-residential buildings or condominiums, shopping malls, public markets, schools, universities,
residential and industrial, and other similar developments shall be required to submit Drainage Impact Assessment Studies. These should
be prepared, signed and sealed by duly licensed Civil Engineers, Sanitary Engineers or Environmental Planners.
2. Traffic Impact Statement Major, high intensity facilities such as commercial-residential buildings or condominiums having four floors and
above, shopping malls, public markets, transportation terminals/ garages, schools, universities, residential and industrial subdivisions, cock
fighting arena, sports stadia and other similar developments shall be required to submit Traffic Impact Statements. Other traffic generating
developments, as determined by the Zoning Administrator/Zoning Officer, shall be required to submit the same.
VIII. MITIGATING DEVICES
It provides law enacted by a local government. It establishes the rules for the operation of the local government or
provides rules and regulations governing public activity in the community.
Article VIII focuses on "Mitigating Devices," which typically includes measures to address deviations from zoning regulations and
procedures for evaluating variances and exceptions. Here's an explanation of each section:
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:
• 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.
• 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.
IX. ADMINISTRATION AND ENFORCEMENT
It provides law enacted by a local government. It establishes the rules for the operation of the local government or
provides rules and regulations governing public activity in the community.
Article IX of the Comprehensive Land Use Planning (CLUP) in the Philippines, deal with the administration and enforcement of zoning
regulations and land use planning. Here's an explanation of each section:
1.Section 29: Approved Zoning Maps
The Approved City/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
• City/Municipal Planning and Development Office
• City/Municipal Assessor’s Office
• City/Municipal Engineer’s Office
• Municipal Agrarian Reform Office
• City/Municipal Agriculture Office
• City/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.

2. Section 30: Locational Clearance

All owners/developers shall secure Locational Clearance from the Zoning Administrator/ Zoning Officer or, in cases of Variances and/or
Exceptions, from the LZBA prior to conducting any activity or construction on their property/land. This will include property/land located in
Forestlands, 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.

3. 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)
4. 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.
5. 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.
6. 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.

7. 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.

8. Section 36: Building Permit

No Building Permit shall be issued by the City/Municipal Building Official without a valid Locational Clearance in accordance with the integrated ZO.
9. 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.

10. 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.

11. Section 39: Validity of Locational Clearance

Upon issuance of an LC, the grantee thereof shall have one year within which to commence or undertake the use, activity or development covered by
such clearance on his property. Non–use of LC within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed
with his project without applying for a new clearance. Should there be any change in the activity or expansion of the area subject of the Locational
Clearance, the owner/developer shall apply for a new Locational Clearance.

12. 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
nonconformity.
13. 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:
• 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.
• That no such non-conforming use which has ceased operation for more than one (1) year be again revived as non-conforming use.
• A vacant/idle building or structure may not be used for non-conforming activity;
• 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.
• That no such non-conforming use maybe moved to displace any conforming use;
• 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.
• 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.
14. 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.
15. 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.
16. Section 44: Powers and Functions of a Zoning Administrator/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:
• Enforcement
a. Act on all applications for Locational Clearance
b. 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.
17. 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.

18. 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:
1. Act on applications of the following nature:
a. Variances
b. b. Exceptions
c. c. Non – Conforming Uses
d. 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.
19. Section 47: Appeals to LZBA Decisions
Decisions of the LZBA shall be appealable to the HLURB.

20. Section 48: Composition of the Local Zoning Board of Appeals (LZBA)
The LZBA shall be composed of the following members:
• City or Municipal Mayor as Chairman
• SP/SB Committee Chairperson on Land Use/Zoning (If said committee is nonexistent, the SP/SB may elect a representative)
• City or Municipal Legal Officer
• City or Municipal Assessor
• City or Municipal Engineer
• City or Municipal Planning and Development Coordinator (if other than the Zoning Administrator/Zoning Officer)
• City/Municipal Community Environment and Natural Resources Officer/Disaster Risk Reduction and Management Officer
• Two (2) representatives of the private sector nominated by their respective organizations
• 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.
21. 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:
• Updating/Revision of the CLUP
• Introduction of projects of national and/ or local significance
• Force majeure events with City/Municipal-wide land use implications
• Petition for re-zoning/re-classification with City/Municipal-wide implications 5. Increasing number of applications/issuances invoking Variances and
Exceptions
22. Section 50: Composition of the Local Zoning Review Committee (LZRC)
The Local Zoning Review Committee shall be composed of the following:
• Sangguniang Panlungsod/Bayan Chairperson on Land Use/Zoning (or equivalent committee)
• City/Municipal Planning and Development Coordinator
• City/Municipal Zoning Administrator/Zoning Officer
• City/Municipal Assessor
• City/Municipal Legal Officer
• City/Municipal Engineer
• City/Municipal Community Environment and Natural Resources Officer/Disaster Risk Reduction and Management Officer
• City/Municipal Agriculturist
• Municipal Agrarian Reform Officer
• President, Association of Barangay Captains
• Three (3) Private Sector Representatives such as from Local Chamber of Commerce, local housing industry, federation of homeowner’s
associations, and academe.
• 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.
23. Section 51: Functions of the Local Zoning Review Committee
The Local Zoning Review Committee shall have the following functions:
• 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.
• 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
24. 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.

25. 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.

26. 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.
27. Section 55: Non-Diminution of National Standards
The rules and standards provided in this ZO shall conform to the rules and standards provided by national agencies and shall not in any way diminish
those that have been set by national laws and regulations.

28. 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.

29. 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.

30. 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.

31. Section 59: Effectivity Clause

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