Zoning Ordinance 2 (use for EnP review) .ppt

Zoning Ordinance 2

2. Two Comprehensive Plans Mandated
in the LGC
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 bases 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.
Sec. 20 (c), RA 7160

3. The Municipal Zoning Ordinance
Residential
Commercial
Industrial
Agricultural
Tourism
Forest
Withdrawal of absolute right
Practice of Police Power of the State
Protection of the general public

4. A. PERMITS AND LICENSING SYSTEM
B. LAND RECLASSIFICATION
C. LAND USE CONVERSION
LAND USE REGULATORY SYSTEMS

5. CLUP and
Zoning Ordinance
PERMITS AND LICENSING
Zoning Certification
Locational Clearance
Certificate of Non-
conformance

6. PERMITS AND LICENSING
BP 220
PD 957
EO 648
PD 1216
Building Code
Development Permit
Building Permit

7. Permits/Clearances System
Zoning CertificationZoning Officer/DZA
HLURB (If for conversion clearance)
Locational Clearance


Zoning Officer
(for Regular Projects)
Recommend
LZBA Variance, Exceptions
Clearances (for repair and
Renovations of non-
Conforming use
Development Permits
Sangguniang Bayan
(Technical Arm: MPDC/DZA)
Building Permits
Building Official/Municipal
Engineer
Endorsed
CR/LS
HLURB 4B
ENFORCEMENT OF THE ZONING ORDINANCE

8. Parts of the Zoning Ordinance
Preliminary
Provisions
Title, Authority and
Purpose
Definition of Terms
This introduces the
ordinance, sets forth its
legal bases, purposes and
objectives and principles
Technical and unique
terms that are actually
used must be defined.

9. 1. Built-Up Area
2. Central Business District (CBD)
3. Certificate of Non-conformance
4. Compatible Use
5. Easement
6. Environmentally Critical Areas
7. Environmentally Critical Projects
8. Exception
9. Variance
10. Zone Classifications such as
residential, commercial, etc.
11. Urban Areas
12. Warehouse
13. Others
one-lot-depth
deferred urban use zone
Terms commonly defined in Zoning Ordinance

10. Zone Classifications
and Boundaries
Identification of
General and Special
Zones, with Sub-
classification if
warranted under the
premises
Rural Localities need only
general zones (save for the
Socialized Housing Zone )

11. Zone Classifications
1.General Residential Zone
2.Socialized Housing Zone
3.Low Density Residential Zone (R1)
4.Medium Density Residential Zone (R2)
5.High Density Residential Zone (R3)
6.General Commercial Zone
7.Low Density Commercial Zone (C1)
8.Medium Density Commercial Zone (C2)
9.High Density Commercial Zone (C3)
10.Light Industrial Zone (I1)
11.Medium Industrial Zone (I2)
12.High Industrial Zone (I3)
13.General Institutional Zone (GIZ)
14.Special Institutional Zone (SIZ)
15.Agricultural Zone (AZ)
16.Agro-Industrial Zone (AGZ)
17.Forest Zone (FZ)
18.Parks and other Recreation Zone (PRZ)
19.Water Zone (WZ)
20.Tourist Zone
HIERARCHY OF
ZONES
(Low intensity to high
Intensity)
1.Parks and Open
Space
2.Forest
3.Residential
4.Institutional
5.Commercial
6.Industrial
7.Agro-Industrial

12. Zones Sub-Zones
Forest s and Forest Land Zone
(Protection) Forest Reserve
National Park
Military and Naval Reservation
Civil Reservation
Ancestral Lands
Forest Reserve
(Production) Forest Buffer
Fishpond
Mining
Eco-tourism
Plantation
Forest Buffer
Land Use Categories

13. Zones Sub-Zones
Agriculture Zone
(Protection) Irrigated
Irrigable
(Production) Rainfed
Agri-industrial
Water Zone
(Protection) Marine Sanctuary
Foreshore Land
Mangrove
Marine/ Fishery Reserve
Delta/ Estuary
Lakes
Rivers & creeks

14. Zones Sub-Zones
(Production) Mariculture Zone and Parks
Aquaculture / Mariculture Zone
Tourism / Recreation Zone
Wharf/ Navigational Lanes
Fishing Zone
General Residential Zone
Residential – 1 (R-1) Zone
Residential – 2 (R-2) Zone
Residential -3 (R-3) Zone
Socialized Housing Zone
General Commercial Zone
Commercial – 1 (C-1) Zone

15. NPAAAD (in Agriculture Zone)
SAFDZ (in Agriculture Zone)
Flood Overlay Zone
Erosion Overlay Zone
Faultline Overlay Zone
Heritage Overlay
Tourism Overlay
Overlay Zones - Examples

16. ZONE CLASSIFICATIONS AND BOUNDARIES
Location and Boundary Delineations
* Based on Land Use Plan
* Natural or man-made boundaries are used or measuring
depth of the zone
* Lot nos. specified in cadastral map (if available)
* Establishing radial distance if zone is circular
There should be strict correspondence between the no. and nature
of identified zone classifications and the boundary description
The textual description of boundaries should correspond accurately
and exactly with the boundaries in the zoning map

17. Note:
a. The designation of zones shall be based on the CLUP
b.Use zone classifications which are only appropriate for the
community
c.An authenticated zoning maps is an integral part of the zoning
ordinance
d.The Urban Zoning map should be drawn to scale of:
Urban Zoning Map: 1:5000 to 1:10000 M
General Zoning : 1:10000 or 1:25000M 0r 1:50000

18. Sample of Zone Boundaries
ZONE LOCATION
Bounded on the North by GOMEZ ST.
Bounded on the South by CRUZ ST.
Bounded on the East by LEDESMA ST.
Bounded on the West by PONCE ST.
NORTH- One-lot-depth from Sumulong Highway
EAST- 20 meters from the center of Narra St.
WEST- 5 meters from the center of Camarin River
SOUTH- Agricultural Area with lot nos. 431
and 432 of Cadastral Map no. 03
R1
Inst-1

19. Interpretation of Zone Boundary
 Where zone boundaries are so indicated that they
approximately follow the center of streets or highway, the
street or highway right-of-way lines, shall be construed to
be the boundaries
 Where zone boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be the boundaries
 Where zone boundaries are so indicated that they
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

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

21. 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.
 Zone Regulations
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,

22. If the project is not included in
the list of allowed uses it is
automatically not allowed
List of allowed Uses
PERFORMANCE STANDARD
Identify and List down all uses that are more often
creates conflicts or subject to complaints
Think of common complaints
Identify and deliberate possible regulations to
address the identified issues arising from
conflicting land uses

23. Sample Performance Standard
The following establishment shall be located
50 m from the any food establishment:
1.Funeral Parlor
2.LPG Store
3.Cement aggregate warehouses
4.Open saloon and barber shop
5.Junkshops
6.Lumberyard
Lumberyard shall be allowed shall only be
allowed in Panggulayan and Sta. Isabel

24. Sample Performance Standard
Firecrackers/fireworks store will be allowed
only in agricultural areas provided that the
300m radius of the said establishment are
free from any structure
Junkshop shall be allowed outside the
Poblacion but not within the major
thoroughfares (National and provincial road)
and shall be enclosed with perimeter fence

25. Uses that are commonly subject
to complaints
Copra warehouse
Mobile milling of rice
Videoke Bar
Schools within the subd.
Worship Centers

26. All Other Zones
The LGU, however, may choose to prescribe building heights
for certain zones where certain views need to be preserve such
as Tagaytay ridge so as not to Block the scenic view of the taal
lake or in historical districts where it has been decided that no
building should be higher than an identified historical
structure.
Exemptions from height regulations in R1 and R2
Towers, church steeples, water tanks and other utilities or
structures not covered by National Building Code and/or
ATO

27. Area Regulations
Area regulation in all zones shall conform with the minimum
requirement of the existing codes such as:
a.P.D. 957
b.BP 220
c.PD 1096
d.Fire Code
e.Sanitation Code
f.Plumbing Code
g.Structural Code
h.Executive Order No. 648

28. Road Setback Regulations
Easements and Setback

29. 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 and within a zone of three (3)
meters in urban areas; twenty (20) meters in agricultural
areas and forty (40) meters in forest areas, along their
margins, are subject to easement of public use in the interest
of recreation, navigation, floatage, fishing and salvage.
Buffer
A buffer of 3 meters shall be provided along entire boundary
length between two or more conflicting zones allocating 1.5 meters
from each side of the district boundary

30. Other Common Provisions
• Access to yards and Circulation in Dwelling Groups
• Signage Control
• Planned Unit Development
• Project of National Significance as declared by NEDA Board
 Innovative Techniques and Designs
 Miscellaneous Provisions
• The requirement of EIA and ECC prior to Zoning Clearance/
LC…
• The requirements and conditions for dumpsite/Sanitary
landfill
• Subdivision Projects

31. Scope of the EIS System
a. Environmentally Critical Projects (ECPs)
Heavy Industries: Non-ferrous metal industries, iron and
steel mills, Petroleum and petro-chemical industries, including
oil and gas, and smelting plants
Resource Extractive Industries: Major mining and quarrying
industries, Forestry Projects (logging, extraction of mangrove
products) Fishery Projects (dikes for/and fishpond development
projects)
Infrastructure Projects: Major dams, major power plants
(geothermal) major reclamation projects, major roads and
bridges
Golf Course Projects

32. b. Environmentally Critical Areas (ECAs)
i.All areas declared by law as national parks, watershed
reserves, wildlife preserves, and sanctuaries
ii. Areas set aside as aesthetic potential tourist spots
iii.Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine Wildlife
(flora and fauna)
iv.Areas of unique historic, archaeological or scientific
interest
v.Areas which are traditionally occupied by cultural
communities or tribes

33. vi.Areas frequently visited and/or hard-hit by natural
calamities (geologic hazards, floods…)
vii. Areas with critical slopes
viii. Areas classified as prime agricultural lands
ix. Recharged areas of acquifers
x.Water bodies characterized by one or any combination of
the following conditions:
a. tapped for domestic purposes
b. w/in the controlled and/or protected areas declared by
appropriate authorities
c. which support wildlife and fishery activities

34. xi.Mangrove areas characterized by one or any combination
of the following conditions:
a. with primary pristine and dense young growth
b. adjoining mouth of major river systems
c. near or adjacent to traditional productive fry or fishing
grounds
d. which act as natural buffers against shore erosion,
strong winds and storm floods
e. on which people are dependent for their livelihood
xii.Coral reefs characterized by one or any combination of
the following:
a.with fifty percent (50%) and above live corraline cover
b.spawning and nursery grounds for fish
c.which act as natural breakwater of coastlines

35. Deviation
1.Variance: The property is unique and different from other
properties in the adjacent locality and because of its uniqueness,
the owner/s cannot obtain a reasonable return on the property
 Mitigating Devices
Conditions
Will produce positive economic or social benefits or enhance
national or public security
Subject to consent of surrounding owners
Minimal adverse effects

36. Conditions :
Registration
No expansion , addition or
major improvement
No reconstruction
No revival after cessation
Phase out within 10 years.
Non – conforming uses
Uses such as industries
which have lawfully
existed prior to the effec-
tivity of the Zoning
Ordinance
May be allowed to
continue for a limited
period and/or under
certain conditions
2. Exceptions

37. Notice of Non-
conformance

38. Sample Certificate of Non-
Conformance

39. Composition of the LZBA
The municipal/city development council shall create
A sub-committee which shall act as the LZBA
Municipal/City Mayor
Municipal/City Legal Officer
Municipal/City Assessor
Municipal/City
Engineer M/CPDC
Two representatives from
private sector

40. Conditions:
Representatives from private sector should be
nominated by their respective organizations and
confirmed by the mayor
The Mayor is the chairman of the LZBA
In the absence of any identified officials, SB/SP
shall elect from their members to meet the total
number that constituted the LZBA
In the absence of LZBA the HLURB shall act as LZBA
until LZBAA is constituted
The decision of the LZBA is appealable to HLURB

41. Exceptions and Variance are used to reduce the possible harshness
that may result from the enforcement of the ordinance
Procedures for deviations
1. Submit written application to LZBAA
2. Visible project sign shall be posted on the project site
3. Preliminary Study by LZBAA
4. Written affidavit of non-objection
5. If with objection, the LZBAA holds public hearing
6.Appearance in person or by representative by parties involve
during the public hearing
7. Decision in 30 days

42. Composition of the Local Zoning Board of Adjustment and
Appeals
1. City/Municipal Mayor as Chairman
2. City/Municipal Legal Officer
3. City/Municipal Assessor
4.City/Municipal Planning and Development Coordinator
(If other than the ZO)
5. 2 Representatives from private sector
6. 2 Representatives from NGO
In the event of non-availability of any of the officials, the SB/SP
shall elect the number of its members as may be necessary to meet
the total no., as representatives

43. Functions of the LZBAA
1. Acts on deviations
2. Acts on complaints and opposition to application
3.Acts on appeals on grant or denial of LC by the Zoning
Administrator/Zoning Officer
The Decision of the LZBAA shall be appealable to the HLURB

44. Locational Clearance

LZBA
Variance, Exceptions
Clearances (for repair and
Renovations of non-
Conforming use
Owner/
Developer
a.File a written application
b.Post a visible project sign
at the project site
LZBA
Conduct
Preliminary Studies
Submit written affidavit of
non-objection from
Neighboring property
Owners at least 15 days
prior to decision
with
Objection
Conduct
Public Hearing
Render decision
w/in 30 days from
filing
no
Objection

45. • Locational Clearance
• Non-user of Locational Clearance
• Certificate of Non-Conformance
 Administration and Enforcement
• Building Permit
all owners/developers shall secure LC from the ZA/ZO, or
LZBAA (in case of deviations) prior to conducting any
construction or activity
no building permit shall be issued by the local building Officer
without a valid LC
one (1) year after issuance of LC the grantee should undertake
the use otherwise it will automatically expire
It shall be applied by the owner within six (6) months from the
ratification of ZO

46. • Review of Zoning Ordinance by the LZRC
Purpose of Review:
* Change in local plans
* Introduction of projects of national significance
* Petition for rezoning
* Other reasons which are appropriate for consideration
• Composition of Local Zoning Review Committee
MPDC/CPDC MHO/CHO
MA/CA CENRO
MARO Municipal/City Engineer
Pres., Association of Barangay Captains
District School Supervisor
3 Representative from private sector
2 NGO representative

47. • Violations and Penalties
• Amendments to the Zoning Ordinance
Changes in ZO resulted from review of the LZRC
Subject to public hearing
Carried out by the three/fourths vote of the Sangguniang
Panglunsod/Bayan
Subject to approval and authentication of HLURB or
Sangguniang Panlalawigan
For municipalities- not exceeding P2,500.00 or maximum
of six months imprisonment or both
For cities – not exceeding P5,000.00 or maximum of one
(1) year imprisonment or both

48. 02.08.24

50. Sample Cases
Legal Opinions Rendered by HLURB-LSG
related to land use and zoning and issues
1.Query made by Atty. Ramiro seeking clarification on whether or
not zoning classification referred to as Parks and Open Space
zone are deemed to be non-agricultural in nature.
Uses allowed in Parks and Recreation Zone
a.Parks/gardens
b.resort areas, e.g. beaches, including accessory uses
c.Open air or outdoor sports activities and support facilities
d.Golf courses, ball courts, race tracks and similar uses
e.Memorial shrines, monuments, kiosks and other park structure
f.Sports Club
g.Lot or underground parking structures/facilities

51. Opinion:
Considering that non-agricultural uses are allowed in parks and
recreation zone (PRZ), it is implied that it is the intent of the
ordinance in declaring the area as parks and recreation zone to
reclassify it as non-agricultural. Hence, the subject areas (parks
and open space zone) are no longer agricultural lands.
Letter dated 19 April 2005
Similar Query
What will be the classification of a land holdings under Parks
and Open Spaces, Agricultural or non-agricultural?
Opinion:
Parks and Open Spaces are distinctly separated from those zoned
as agricultural use.
Letter dated 05 May 2004

52. Opinion:
Paragraph 2 Sec. 9 of Article V of the Model Zoning Ordinance on
Zone Regulation provides that allowance of further uses shall be
based on the intrinsic qualities of the land and socio-economic
potential of the locality with due regard to the maintenance of the
essential qualities of zone. Chowking may be considered as support
facility of PRZ
Letter dated November 26, 2004
2.Query made by Engr. Azur dated Oct. 01, 2004 regarding the
application of Chowking Food Corporation to build within
Iriga City Park

53. 3.Query made by Arch. Balondo, Iligan City
Seeking guidance on the protest against the construction of
two Islamic prayer houses (Palao Mosque and Luinab
Mosque) inside a residential subdivision project and in a
strictly residential zones.
Opinion:
The subject matter involves exercise of discretion on the part of
the CPDC/DZA due to different factors. Without taking into
consideration other factors except the rules applicable on the matter,
the mosque may be constructed in Strictly Residential Zone in
accordance with Zoning Ordinance No. 1313, series of 1975 but it
is not allowable in a residential lot inside an approved subdivision
project
Letter dated 04 April 2005

54. 4.Query made by Ms. Bordador, Mandaluyong City
The height limitation set by the HOA is in conflict with the
limit provided by the City Ordinance, which will prevail?
Opinion:
The ZO will prevail considering that its enactment emanates from
the valid exercise of police power delegated to the local government
Letter dated 20 May 2004
5.Query made by Mr. Domingo, CEST Inc.
Does the percentage limitation of 5, 10, 15% set forth in
Sec. 20 of the LGC applies to revision of CLUP and Zoning
Ordinance?
Opinion:
The limits apply only to reclassification of agricultural lands already
previously zoned as agricultural zones in CLUPs
Letter dated March 01 2004

55. 6.Query made by Mr. Galan, DAR, Quezon City
Application for conversion that the subject properties were
reclassified from forest zone to residential zone by the
Sangguniang Panglungsod of Roxas City, Capiz and was
approved by the Sangguniang Panlalawigan. Classified Forest
areas can be reclassified to residential uses?
Opinion:
No, unless there is specific proof that subject lands have been
declared alienable and disposable public lands.
Lands which form part of public forest fall within the jurisdiction
of Land Management Bureau (LMB) of DENR. The LGU is
only authorized to reclassify agricultural lands into
non-agricultural uses.
Letter dated 12 November 2003

56. 7.Query made by Mr. Honrade, MWSS
Clarification whether or not the Zoning Ordinance of Quezon
City has been approved by the Board, or if not, is it enforceable?
Opinion:
The QC Ordinance has not yet passed the Review and Approval
process pursuant to EO 72, series of 1993, hence, as far as the Board
is concerned, it has no force and effect.
Letter dated 04 November 2003

57. 8.Query made by Mr. Galan, DAR, Quezon City
Applications for conversions involving lands located in
municipalities without CLUP but were reclassified to non-
agricultural use by SB and the SP. Is the spot reclassification
executed by SB and ratified by the SP considered valid?
Opinion:
Municipalities/Cities with approved CLUPs reviewed and approved
in accordance with EO 72 dated 1993 are the only authorized LGUs
to reclassify agricultural lands into non-agricultural uses. Spot
reclassification made by the SB which was ratified by SP is null
and void.
Letter dated 11 July 2003

58. 