2016 Zoning Ordinance PDF
2016 Zoning Ordinance PDF
2016 Zoning Ordinance PDF
ZONING ORDINANCE
No. 389, Series of 2016
(Amending Zoning Ordinance 149, Series of 2000)
Surigao City
May 2016
FOREWORD
We thank all those who are instrumental in the formulation of this very important
regulatory and development tool. Our partner national agencies that provided the necessary
technical expertise, non-government and people’s organizations, the academe, the Sangguniang
Panlungsod and our own planning team for their effort and commitment in the completion of
this Zoning Ordinance.
ERNESTO T. MATUGAS
City Mayor
The City Government of Surigao acknowledges the following for their invaluable effort
and support that made the formulation and passage of this Zoning Ordinance possible, viz:
Housing and Land Use Regulatory Board (HLURB), Region 10 – for the technical review, guidance
and coaching provided to our local planning team;
Provincial Government of Surigao del Norte, through the Provincial Planning and Development
Office – for facilitating the inclusion of the City of Surigao among the pilot local government units
to undergo the DRR+CCA enhanced land use planning under the auspices of the UNDP-AusAID
assisted project;
Sangguniang Panlungsod (2013-2016) – for the passage of this Ordinance and going through the
mills of complete legislative process and dedicated staff work;
City Zoning Review Committee (2013-2016) – for the conduct of detailed review through all the
sections and provision of the herein ordinance;
City Planning and Development Office – for the overall focus, administrative and technical
supervision of the whole land use planning process, disaster risk assessment, and the drafting of
this Ordinance;
To all the agencies, offices, organizations and individuals, for their overall support,
dedication to duty and commitment to public service, without whom, this 2016 Zoning
Ordinance would not have been completed. THANK YOU!
TABLE OF CONTENTS
PAGE NO.
FOREWORD
ACKNOWLEDGEMENT
RESOLUTION
INTRODUCTION 1
1.0 Benefits 1
2.0 Legal Basis 1
EXCERPTS FROM SANGGUNIANG PANLUNGSOD JOURNAL OF PROCEEDINGS
Resolution No. 116 5
ARTICLE I - TITLE OF THE ORDINANCE 7
Section 1. Title of Ordinance 7
ARTICLE II - AUTHORITY AND PURPOSE 7
Section 2. Authority 7
Section 3. Purposes 7
Section 4. General Zoning Principle 8
ARTICLE III - DEFINITION OF TERMS 8
ARTICLE IV - ZONE CLASSIFICATIONS 9
Section 5. Division into Zones 9
Section 6. Overlay Zones 9
Section 7. Zoning Maps 9
Section 8. Zone Boundaries 10
Section 9. Interpretation of Zone Boundary 20
ARTICLE V - ZONE REGULATIONS 21
Section 10. General Provision 21
Section 11. Use Regulations in General Residential Zone (GRZ) 23
Section 12. Use Regulation in Residential 1 (R1) Zone 25
Section 13. Use Regulation in Medium Density Residential (R-2) Zone 28
Section 14. Use Regulation in High Density Residential (R-3) Zone 32
Section 15. Use Regulations in Socialized Housing Zone (SHZ) 34
Section 16. Use Regulations in Commercial-1 (C-1) Zone 35
Section 17. Regulations in Commercial-2 (C-2) Zone 39
Section 18. Use Regulation in Light Industrial (I-1) Zone 42
Section 19. Regulations in Medium Industrial Zone (I-2) 46
Section 20. Regulations in Heavy Industrial Zone (I-3) 51
Section 21. Regulations in General Institutions Zone (GIZ) 55
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INTRODUCTION
Zoning is concerned primarily with the use of land and the control of density of population
through imposition of building heights, bulk, open space, and density provisions in a given area.
1.0 BENEFITSP0
1. Optimized use of land based on, among others, suitability and capability, e.g. use of prime
agricultural land for agricultural purposes and high value areas for intense urban
developments.
2. Promotion of public health and safety through compatible arrangement of various
land uses, e.g. buffering between residential and industrial zones and through
standards for environmental protection and conservation.
3. Preservation of desirable character and real estate values of the zone or sub-zone through
standards intended to facilitate high quality and appropriate developments.
4. Promotion of the rational and orderly growth of the community by employing a system
that allows the adequate evaluation of development proposals in both public and
private lands.
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
“The use of property bears a social function and all economic agents shall
contribute to the common good. Individuals and private groups, including
corporations, cooperatives and similar collective organizations, shall have the right to own,
establish and operate economic enterprises subject to the duty of the state to promote
distributive justice and to intervene when the common good demands.”
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“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.”
Reclassification of Lands
1. A city or municipality may, through an ordinance passed by the Sanggunian after conducting
public hearings for the purpose, authorize the reclassification of agricultural lands and
provide for the manner of their utilization or disposition in the following cases: (1) when the
land ceases to be economically feasible and sound for agriculture or (2) where the land shall
have substantially greater economic value for residential, commercial or industrial purposes,
as determined by the Sanggunian concerned; provided that such reclassification shall be
limited to the following percentage of total agricultural land area at the time of the passage
of the ordinance:
a. For Highly Urbanized and Independent Component Cities, fifteen percent (15%);
b. For Component Cities and First to Third Class Municipalities, ten percent (10%);
c. For Fourth to Sixth Class Municipalities, five percent (5%).
2. The President may, when public interest so requires and upon recommendation of the
National Economic and Development Authority (NEDA), authorize a city or municipality to
reclassify lands in excess of the limits set in the next preceding paragraph.
3. The local government units shall, in conformity with existing laws, continue to prepare their
respective Comprehensive Land Use Plans enacted through Zoning Ordinances which shall
be the primary and dominant basis for the future use of land resources: Provided, that the
requirements for food production, human settlements and industrial expansion shall be
taken into consideration in the preparation of such plans.
4. Where approval by a national agency is required for reclassification, such approval shall not
be unreasonably withheld. Failure to act on a proper and complete application for
reclassification within three (3) months from receipt of the same shall be deemed as
approval, thereof.
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Section 447 A.2 (VI, VIII-IX), Section 448 A.2 (VI) and Section 458 A.2 (VII-IX) of RA 7160
The Sangguniang Bayan, as the legislative body of the Municipality, shall: (a) prescribe
reasonable limits and restraints on the use of property within the jurisdiction of the
municipality; (b) adopt a Comprehensive Land Use Plan for the Municipality: Provided, that the
formulation, adoption, or modification of said plan shall be in coordination with the approved
Provincial Comprehensive Land Use Plan; (c) reclassify land within the jurisdiction of the
Municipality, subject to the pertinent provisions of this Code; (d) enact integrated Zoning
Ordinances in consonance with the approved Comprehensive Land Use Plan, subject to existing
laws, rules and regulations; establish fire limits or fire zones, particularly in populous centers;
and regulate the construction, repair or modification of buildings within said fire limits in
accordance with the provisions of the Fire Code;
The Sangguniang Panlungsod, as the legislative body of the City, shall: (a) prescribe reasonable
limits and restraints on the use of property within the jurisdiction of the city; (b) adopt a
Comprehensive Land Use Plan for the City: Provided, that in the case of Component Cities, the
formulation, adoption, or modification of said plan shall be in coordination with the approved
Provincial Comprehensive Land Use Plan; (c) reclassify land within the jurisdiction of the City,
subject to the pertinent provisions of this Code; (d) enact integrated Zoning Ordinances in
consonance with the approved Comprehensive.
Land Use Plan, subject to existing laws, rules and regulations; establish fire limits or fire zones,
particularly in populous centers; and regulate the construction, repair or modification of
buildings within said fire limits in accordance with the provisions of the Fire Code.
P.D. 1396 (Amending P.D. 933), creating the Ministry of Human Settlements, renaming the
Human Settlements Commission as the Human Settlements Regulatory Commission
“It is hereby declared to be the policy of the government to foster the growth and renewal of
our communities, both rural and urban, in an integrative manner that promotes optimal land
use, adequate shelter, environmental protection, utilization of appropriate technology and
rational interdependence among self-reliant communities.”
“Municipalities shall submit their land use plans, enforcement systems and implementing
guidelines, including zoning ordinance to the Ministry of Human Settlements thru the HLURB for
review and ratification.”
Section 5, Executive Order 648, Reorganizing the Human Settlements Regulatory Commission
1. “Promulgate zoning and other land use control standards and guidelines which shall govern
land use plans and zoning ordinances of local governments XXX”
2. “Review, evaluate and approve or disapprove comprehensive land use development plans
and zoning ordinances of local governments XXX”
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3. “Issue rules and regulations to enforce the land use policies on human settlements as
provided for in PDs No, 399, 815, 933, 957, 1216, 1344, 1396, 1517, LOIs No. 713, 729, 935
and other related laws regulating the use of land XXX”
PD 933 and Executive Order 648, as amended by EO 90, empowering the HLURB to review and
approve or disapprove land use plans of cities and municipalities
The aforesaid laws likewise authorize the HLURB to prescribe the standards and guidelines
governing the preparation of land use plans, to monitor the implementation of such plans and
to adjudicate and settle the disputes among LGUs over their land use plans and zoning
programs.
Executive Order 72
This provides for the preparation, review and approval process and implementation of
Comprehensive Land Use Plans and Zoning Ordinances of local government units pursuant to
the Local Government Code of 1991 and other pertinent laws.
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PRESENT:
ABSENT:
WHEREAS, the implementation of Comprehensive Land Use Plans would require the
enactment of regulatory measures to translate its planning goals and objectives into reality; and
a 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, the existing City Ordinance No. 149, Series of 2000, need to be revised,
updated, enhanced and attuned in order to be responsive to the changing conditions and
circumstances particularly disaster risk reduction and climate change adaptation;
WHEREAS, the Housing and Land Use Regulatory Board (HLURB) has spearheaded and
now assists in and coordinates the activities of local governments in comprehensive land use
planning;
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NOW, THEREFORE, in view of the objection of the Hon. Jose V. Begil, Jr., under the
Internal Rules of the Sangguniang Panlungsod, a voting requirement was undertaken to take
action on the matter mustering 2/3 of the affirmative votes of the members of the Honorable
Council who were present, to wit:
RESOLVED: That the following ordinance, amending Ordinance No. 149, Series of 2000,
be as it is hereby enacted.
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NENITA G. LOAYON
Sanggunian Secretary
ATTESTED:
APPROVED:
ERNESTO T. MATUGAS
City Mayor
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AN ORDINANCE AMENDING THE ZONING REGULATIONS FOR THE CITY OF SURIGAO AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER PURPOSES,
OTHERWISE KNOWN AS THE 2016 ZONING ORDINANCE OF THE CITY OF SURIGAO
ARTICLE I
TITLE OF ORDINANCE
Section 1. Title of Ordinance. This Ordinance shall be known as the 2016 Zoning Ordinance of
the City of Surigao and shall be referred to as the Ordinance.
ARTICLE II
AUTHORITY AND PURPOSE
Section 2. Authority. This Ordinance is enacted pursuant to the provisions of the New Local
Government Code, RA 7160 Sections 458 (2) (vii – x), (3) (i) and 455 (3) (vi-vii) dated 10 October
1991, “Authorizing the City through the Sangguniang Panlungsod to adopt 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 8850 – Fisheries Code, PD 705 Forestry Code, Water
Code, National Building Code, E.O. No. 72, RA 10121 – PDRRM Act of 2010, and other related
issuances.
3.1 Guide, control and regulate future growth and development of public and private
lands in the City of Surigao City in accordance with its Comprehensive Land Use
Plan;
3.2 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;
3.3 Protect/enhance the character and stability of residential, commercial, industrial,
institutional, forestry, agricultural, open space and other functional areas within
the City of Surigao and promote the orderly and beneficial development of the
same;
3.4 Promote and protect the health, safety, peace, comfort, convenience and general
welfare of the inhabitants in the locality;
3.5 Provide adequate light, air, privacy and convenience of access to property;
3.6 Provide safety from fire, pollution and other hazards to life and property;
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4.1 The Ordinance reflects the City’s vision: With the Blessings of the Divine
Providence, Surigao in 2025: a Model City for Good Governance, Economic
Dynamism, and Environmental Quality”;
4.2 The City Government of Surigao 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;
4.3 This Ordinance gives the free market the maximum opportunity to spur the City’s
development within a framework of environmental integrity and social
responsibility;
4.4 This Ordinance has been designed to encourage the evolution of high quality
developments rather than regulating against the worst type of projects;
4.5 This Ordinance has been crafted in a manner that is fully responsive to the ever-
changing conditions that the City continually face;
4.6 This 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;
4.7 This Ordinance provides a direct venue for community empowerment where the
stakeholders become involved especially in critical development decisions;
and
4.8 The regulations in this 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 technical terms used in the Zoning Ordinance shall carry the same meaning
given to them in already approved codes and regulations, such as but not limited to the
National Building Code, Sanitation Code, Water Code, Philippine Environmental Code and other
Implementing Rules and Regulations, promulgated by the HLURB. As used in this Ordinance,
the words, terms and phrases enumerated, identified and included in the GLOSSARY which is
attached hereto as “Annex A” and made integral part thereof shall be understood and shall
have the meaning and definition correspondingly set forth in the said GLOSSARY unless
otherwise indicated. Said GLOSSARY shall be kept, signed and sealed in the same manner as the
rest of the Ordinance.
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ARTICLE IV
ZONE CLASSIFICATIONS
Section 5. Division into Zones. To effectively carry out the provisions of this Ordinance, the city
is hereby divided into the following base zones or districts as shown in the Official Zoning Maps.
Section 6. Overlay Zones – This is a “transparent zone” that is overlain on top of the Basic Zone
or another Overlay Zone and provides an additional set or layer of regulations intended to
address specific objectives for the zone in consideration. The following are designated as
Overlay Zones:
Section 7. Zoning Maps. It is hereby adopted as an integral part of this Ordinance, the Official
Zoning Maps for urban and sub-urban areas and for the city showing location and boundaries of
the Base Zones, Sub-Zones and Overlay Zones herein established. Such Official Zoning Maps
shall be signed by the City Mayor and duly adopted by the Sangguniang Panlungsod and
authenticated by the Sangguniang Panlalawigan.
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The Urban/Sub-Urban Zoning Maps shall be drawn to the scale of 1:2,000 M to 1:4,000 M and
the General Land Use Map shall be drawn to the scale of 1:5,000 M; 1:10,000 M or 1:25,000 M.
Copies of the Official Zoning Maps shall be filed with the City Zoning Board of Adjustment and
Appeals, the Sangguniang Panlungsod, Office of the Building Official/City Engineering Office, City
Assessor, City ENRO, City Disaster Risk Reduction and Management Office and the City Planning
and Development Office.
Section 8. Zone Boundaries. The locations and boundaries of the above mentioned base zones
into which the city has been divided as duly reflected in the Zoning Maps which form an integral
part of this Ordinance are hereby identified and specified as follows:
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Section 9. Interpretation of the Zone Boundary. In the interpretation of the boundaries for any
of the zones indicated on the Zoning Map, the following rules shall apply:
9.1 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;
9.2 Where zone boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be the boundaries;
9.3 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;
9.4 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 such
bodies of water shall be construed to follow such bodies of water and in the event
of such change, shall be construed as moving with the actual body of water;
9.5 Where a lot of one ownership, as of record at 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 boundary line bisects the
lot, it shall fall in the zone where the principal structure falls;
9.6 Where zone boundary is indicated as one-lot-deep, said depth shall be construed
to be the average lot depth of the lots involved within each particular city block.
Where, however, any lot has a depth greater than said average, the remaining
portion of said lot shall be construed as covered by the one-lot-deep zoning district
provided the remaining portion has an area less than fifty percent (50%) of the
total area of the entire lot.
If the remaining portion has an area equivalent to fifty percent (50%) or more of
the total area of the lot then the average lot depth shall apply to the lot which shall
become a lot divided and covered by two or more different zoning districts, as the
case may be.
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9.7 In case of any remaining doubt as to the location of any property along zone
boundary lines, such property shall be considered as falling within the less
restrictive zone. Otherwise, exact zone boundaries shall be determined using the
geographic information system (GIS) or other applicable information
communications technology systems;
9.8 The textual description of the zone boundaries shall prevail over that of the Official
Zoning Maps. In case of difficulty or conflict in the interpretation of the Official
Zoning Maps and text, the Zoning Administrator or Zoning Officer may avail
assistance from the HLURB.
ARTICLE V
ZONE REGULATIONS
Section 10. General Provision. Zone regulations refer to Use, Density and Bulk and
Building/Structure Design Regulations as described hereof:
1. Use Regulations:
Principal Uses – pertain to the main intent for the zone in consideration.
Uses that are enumerated herein are considered as “by-right uses”.
Accessory Uses – pertain to those that are customarily associated with the
Principal Use application (such as a garage is accessory to a house). It should
be noted that the focus is on the lot parcel level and Accessory Use
applications are evaluated in relation to the Principal Use on the same lot
parcel. The uses that are enumerated are illustrative and should not be
considered as exhaustive or all-inclusive.
Conditional Uses – those that may be beneficial to the zone but have
potentials to cause nuisance effects on the neighborhood (as in retail stores
in a residential area) such as by generating a large volume of pedestrian and
vehicular traffic, noise, etc. These may be allowed by the City Zoning Board
of Adjustment and Appeals under conditions intended to mitigate such
possible nuisance effects and subject to the procedures in evaluating
applications for Conditional Use Permits.
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Development applications that are not in the list of Principal, Accessory and
Conditional Uses shall be considered Deviations and will be evaluated by the
CZBAA according to the Mitigating Devices provision of the Zoning Ordinance.
The applicable laws for Zones that are regulated by different statutes, such as
Ancestral Lands and Forest Lands must be observed.
2.1 Land limitations – only low density developments should be provided in areas
that have significant land limitations such as steep slopes, soft soils,
earthquake faults, flood-susceptibility, etc.
2.4 Land and property values - densities will normally be highest in areas with
high values such as CBDs
2.8 The applicable provisions of the IRR of the National Building Code (NBC) (2005
edition) must be used should Density and Bulk regulations be specified since
NBC provides the upper limit regarding BHLs or which is more restrictive.
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2.10 Relevant provisions of PD 957, BP 220 and other laws governing building density
and bulk must be observed
2.12 Applicable laws for Zones that are regulated by different statutes, such as
Ancestral Lands and Forest Lands on matters regarding Density and Bulk
Controls must be observed.
1. Purpose and Intent – A General Residential Zone shall be used principally for
dwelling/housing purposes, institutional and low intensity commercial uses so as to
maintain peace and quiet of the area within the zone.
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4. Home occupation for the practice of one’s profession or for engaging home business such
as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:
4.1 The number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner;
4.2 There shall be no change in the outside appearance of the building premises;
4.3 No home occupation shall be conducted in any customary accessory uses cited
above;
4.4 No traffic shall be generated by such home occupation in greater volume that 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 that the required front yard;
4.5 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 voltages off the premises;
4.6 The use of the dwelling unit for home occupation shall be clearly incidental and
subordinate to its use for residential purpose by its occupants and for the conduct of
the home occupation, not more than thirty percent (30%) of the ground floor area of
the dwelling unit shall be used
5.1 Such home industry shall not occupy more than thirty percent (30%) of the ground
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;
5.2 Allotted capitalization shall not exceed the capitalization set by the Department of
Trade and Industry (DTI);
5.3 Such shall consider same provisions as enumerated in sub-sections 12.c, 12.d, 12.e
and 12.f, home occupation, this section.
6. Recreational facilities for the exclusive use of the members of the family residing within
the premises, such as:
6.1 Swimming pool
6.2 Pelota Court
6.3 Other similar uses not mentioned
7. Nursery/Pre-School/elementary school
8. High School
9. Vocational School
10. Sports Club
11. Religious Use
12. Multi-purpose hall/barangay hall
13. Clinic, nursing and convalescing home, health center, birthing homes
14. Plant nurseries
15. Category II and III Funeral establishment with chapels and offering funeral services without
embalming facilities (subject to Rule III Sec. 4.A.1.1c of the IRR to govern the processing of
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1. Purpose and Intent - An R1 zone shall be used for low density residential purposes
characterized mainly by single-family, single detached dwellings with the usual community
ancillary/accessory uses on a neighborhood scale, such as executive subdivisions and
relatively exclusive residential communities which are not subdivisions with a density of
twenty (20) dwelling units and below per hectare
2. Permitted Uses -
Principal Uses
Accessory Uses
2.3 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:
2.4 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 and a sari-sari store and the like, provided that:
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occupation shall be met off the street and in a place other than the
required front yard; and
2.4.6 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 voltages off
the premises.
2.5.1 Such home industry shall not occupy more than thirty percent (30%) of
the ground 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;
2.5.2 Allotted capitalization shall not exceed the capitalization set by the
Department of Trade and Industry (DTI);
2.5.3 Such shall consider the provisions pertaining to customary accessory
uses, traffic and equipment/process under Home Occupation of this
section.
2.6 Recreational facilities for the exclusive use of the members of the family
residing within the premises, such as:
Conditional Uses
2.7 Open market and Medium Cost Subdivision Projects under PD 957
2.8 Community social centers such as neighborhood-scale retail stores, laundries,
beauty shops, barber shops, health spa, drug stores, health services facilities,
food stores, restaurant, coffee shops, audio-video and computer rental shops
and similar uses;
2.9 Preparatory schools provided that they do not exceed three (3) classrooms
and shall be located not less than 500 meters from the nearest existing school
offering similar course;
2.10 Boarding houses with no more than eight (8) boarders;
2.11 Neighborhood-scale recreational facilities such as sports, club, tennis courts,
basketball courts, swimming pools and similar uses;
2.12 Parks, playgrounds, pocket parks, parkways, promenades and play lots;
2.13 Plant nursery;
2.14 Religious use such as churches or similar places of worship;
2.15 Barangay hall;
2.16 Clinic, nursing and convalescing home, health center
3. Density Regulations
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Allowed density is twenty (20) dwelling units and below per hectare
4. Building Density and Bulk Regulations/Building Height Limit
Building Height Limit: 10.00 meters above established grade. (see Fig. 1)
The Unpaved Surface Area (USA) of developments shall not be less than 30% of the
total lot area. As defined in the NBC, USA is the “true open which should be of
exposed soil and planted. The USA is located outside the building envelope.
5. Zone Hazard Exposure – R-1 zone is exposed to the hazards herein identified:
Location Hazard
Cagniog-Ouano Ceniza Ground shaking
Subdivision Moderately exposed to rain induced landslide
(RIL)
Villa Corito Subdivision Ground shaking
Flooding by about one (1.0) meter to five (5.0)
meters water depth in a 5-year rain interval
Liquefaction
Tsunami inundated area
Bernadette Village and Tuazon Flooding by about 1.0 to 2.0 meters in portion of
Park the area particularly low lying areas of the village
and in Tuazon Park,
Ground shaking,
Tsunami inundated area
Ocean Ridge Subdivision Rain induced landslide (moderate to high),
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Surigao City Zoning Ordinance 2016
Location Hazard
Ground shaking
Earthquake induced landslide (low)
SPUS-Femuco Celestial Heights, Rain induced landslide (moderate)
Surigao Mountain View Home Ground shaking
Subdivision
Teacher’s Village Ground shaking,
Rain induced landslide (high to moderate),
Liquefaction (portion of Casetta boundary)
Bacud, Looc and Holy Cross Flooding by less than one (1.0) to four (4.0)
Village meters,
Liquefaction (high),
Rain induced landslide (moderate)
Ground shaking
1. Purpose and Intent - An R-2 zone is for medium density residential use or occupancy,
characterized mainly as a low-rise single-attached, duplex or multi-level building/structure
for exclusive use as multi-family dwellings with a density of 21 to 65 dwelling units per
hectare. This includes R-2 structures within semi-exclusive subdivisions and semi-exclusive
residential communities which are not subdivisions.
Principal Uses
Accessory Uses
2.9 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:
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2.9.4 Laundries
2.9.5 Non-commercial garages
2.9.6 Houses for pets such as dogs, birds, rabbits and the like of not more
than 4.00 sq. m. in floor area
2.9.7 Pump houses
2.9.8 Generator houses
2.10 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 and a sari-sari store and the like, provided that:
2.11.1 Such home industry shall not occupy more than thirty percent (30%)
of the ground 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;
2.11.3 Allotted capitalization shall not exceed the capitalization set by the
Department of Trade and Industry (DTI);
2.11.4 Such shall consider the provisions pertaining to customary accessory
uses, traffic and equipment/process under Home Occupation of this
section.
2.12 Recreational facilities for the exclusive use of the members of the family
residing within the premises, such as:
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Surigao City Zoning Ordinance 2016
3.2 For multiple family dwelling units such as townhouses, apartments and residential
condominiums as well as boarding houses and dormitories, number of allowable
storeys/floors above established grade is five (5) storeys and building height limit is
15 meters above established grade
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Surigao City Zoning Ordinance 2016
Location Hazard
PCUM, Malinao Settlers, Casetta 1 (Brgy. Ground-shaking (PEIS 8)
Cagniog) Tsunami inundated area
Storm surge,
Liquefaction,
Flooding
Groundshaking (PEIS 8)
Casetta 3, Brgy. Cagniog Moderately exposed to rain-induced
landslide
Navalca, Kabalawan, Back of Navarro Street, Groundshaking (PEIS 8),
Espina-Nueva, Kaskag-Bagong Silang, back Tsunami,
portion of Miranda Hospital, Villa Corito and Liquefaction
Barangay Rizal Flooding
Silay Hills Rain-induced landslide,
Tsunami,
Groundshaking (PEIS 8),
Liquefaction
Canlanipa Housing Phase I, Don Julio Rain-induced landslide,
Resources Assoc. Subdivision (DOJURAI), and Ground shaking (PEIS 8)
Capitol Hills Liquefaction
Canlanipa Housing Phase IV, Brgy. Canlanipa Highly exposed to rain-induced
landslide
Ground-shaking
Brgy. Canlanipa Proper High in liquefaction
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Surigao City Zoning Ordinance 2016
Location Hazard
Storm surge inundation of 1-4 m.
Prone to flooding
Ground-shaking
Tsunami inundated area
Navarro-Espina-Nueva Ground shaking (PEIS 8),
Liquefaction
Flooding
Tiro Lot Earthquake induced landslide,
Rain induced landslide,
Ground shaking (PEIS 8)
Principal Uses
Accessory Uses
Conditional Uses
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Surigao City Zoning Ordinance 2016
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Surigao City Zoning Ordinance 2016
Location Hazard
Candava, Rizal Street Ground shaking (PEIS 8)
Highly susceptible to liquefaction;
Prone to flooding
DICSUPOI / DICHAI (Espina Ground shaking (PEIS 8),
Extension) Moderately susceptible to rain-induced
landslide,
Highly susceptible to liquefaction
Casetta 2, Brgy. Rizal Ground shaking (PEIS 8)
Moderately susceptible to rain-induced landslide
1. Purpose and Intent: In accordance with the Urban Development and Housing Act of 1992,
this refers to housing programs and projects covering houses and lots or home lots only
undertaken by the Government or the private sector for the underprivileged and homeless
citizens.
2. Permitted Uses: All Uses, Density and Bulk Regulations/Building Height Limit allowed
shall be in accordance with the provisions of BP 220. Socialized housing and CMP projects
maybe implemented as a Conditional Use in high density residential areas such as R-3.
3. Zone Hazard Exposure - Socialized Housing zone is exposed to the following hazards:
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Surigao City Zoning Ordinance 2016
Location Hazard
DOJURAI PRIVATE and adjacent areas Moderate to high rain-induced landslide
including Resettlement Site, Brgy, Lower portion is high in liquefaction
Canlanipa Lower portion prone to flooding
Ground-shaking (PEIS 8)
Caraga Regional Hospital Employees High in liquefaction
Multipurpose Cooperative, Sitio Prone to flooding
Lumaban, Brgy. Rizal Siltation & sedimentation due to erosion
Ground-shaking
MANA PEPANG VILLAGE, Brgy. Rizal High in liquefaction
Prone to flooding
Tsunami inundated area
Ground-shaking
NHA-Surigao Country Homes, Brgy. Low vulnerability to rain-induced landslide
Cagniog Half portion is high in liquefaction
Ground-shaking
Lot No. 2812-A Low susceptibility to rain induced landslide
Lot No. 2812-B (Gregorio Yap Property) Ground-shaking
– City Socialized Housing Project)
Surigao del Norte Government Housing Low to moderate susceptibility to rain-
Project induced landslide
Ground-shaking
ACEAN HEIGHTS, Brgy. Bonifacio Moderately exposed to rain-induced
landslide
Ground-shaking
Brgy. Canlanipa Coastal area High in liquefaction
Storm surge inundation of 1-4 m.
Prone to flooding
Ground-shaking
Tsunami inundated area
Smart Homes PNP-AFP Subdivision Flooding
Ground-shaking (PEIS 8)
2. Permitted Uses: The following shall be the permitted uses in C-1 Zone
• Principal Uses
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Surigao City Zoning Ordinance 2016
• Accessory Uses
Customary accessory uses incidental to any of the principal uses provided that such
accessory uses such as:
• Conditional Uses
3. Building Density and Bulk and Property Development Regulations/Building Height Limit
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Surigao City Zoning Ordinance 2016
Location Hazard
Borromeo-Pacemco Port-Boulevard Prone to storm surge inundation of 1-4
Blocks, Nueva St. strip, meters;
High in liquefaction;
Prone to flooding;
Groundshaking (PEIS 8)
Tsunami inundated area
Narciso-Navarro-Amat-San Nicolas Highly susceptible to liquefaction;
Block, Prone to flooding;
Borromeo-San Nicolas-Narciso- Ground shaking (PEIS 8);
Navarro-Espina Blocks Tsunami Inundated area
Bilang-bilang–P. Reyes Block
Espina Street Strip
Borromeo-Rizal-Riverside Major
Block
Kaskag area
National Road Strip, Brgy. Moderately susceptible to rain-induced
Washington landslide
Highly susceptible to liquefaction,
Prone to flooding
Ground shaking (PEIS 8)
Capitol Road Strip, Brgy. Moderate susceptibility to rain induced
Washington landslide,
Portion along Asiatic area is storm surge
inundated
Ground shaking (PEIS 8)
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Surigao City Zoning Ordinance 2016
Location Hazard
National Road Strip, Brgy. Luna Prone to flooding
Strip along Togbongon Road, Brgy. Ground shaking (PEIS 8)
Togbongon Tsunami inundated area
Bonilla-Kaimo Properties Portion of the property is moderately
National Road Strip, Brgy. Bonifacio susceptible to rain induced landslide,
Prone to flooding,
Ground shaking (PEIS 8)
Along Proposed Pacemco Port, Brgy. Moderate susceptibility to rain-induced
Cagniog landslide
Ground shaking (PEIS 8)
1. Purpose and Intent – for city level of commercial use or occupancy characterized mainly
as a medium-rise building/ structure for medium to high intensity commercial/ trade,
service and business activities, e.g. three to five (3 to 5) storey shopping centers, medium
to large office or mixed use/ occupancy buildings/ structures and the like.
2. Permitted Uses: The following are the allowed uses in C-2 Zone
Principal Uses
2.23 Other stores and shops for conducting retail business and local shopping
establishments
2.24 Radio, television and other electrical appliance repair shops
2.25 Furniture, repair and upholstering job
2.26 Computer stores and video shops, including repair
2.27 Internet café and cyber stations
2.28 Garment manufacturing with no more than twenty [20] machines
2.29 Signboard and streamer painting and silk screening
2.30 Car barns for jeepneys and taxis not more than six [6] units
2.31 Lotto terminals, off-fronton, on-line bingo outlets, e-games and off-track
betting stations
2.32 Gardens and landscaping supply/ contractors
2.33 Printing/ typesetting, copiers and duplicating services
2.34 Photo supply and developing
2.35 Restaurants, canteens, eateries, delicatessen shops, confectionery shops and
automats/ fastfoods
2.36 Groceries
2.37 Laundries and Laundromats
2.38 Recording and film laboratories
2.39 Auto repair, tire, vulcanizing shops and carwash with minimum 100 sq.m.
service area
2.40 Physical fitness gyms/ centers
2.41 Repair shops like:
2.41.1 House appliances
2.41.2 Motor vehicles and accessory
2.41.3 Home furnishing shops
2.42 Transportation terminals/ garage with repair
2.43 Parking lots, garage facilities
2.44 Printing and publishing plants and offices
2.45 Machinery display shop/ center
2.46 Hardware
2.47 Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
2.48 Manufacture of signs and advertising displays (except printed)
2.49 Chicharon factory
2.50 Motorcycles/ bicycles repair shops
2.51 Lechon stores
2.52 Biscuit factory – manufacture of biscuits, cookies, crackers and other similar
dried bakery products
2.53 Doughnut and hopia factory
2.54 Factory for other bakery products not elsewhere classified (n.e.c.)
2.55 Shops for repacking of food products e.g. fruits, vegetables, sugar and other
related products
Accessory Uses
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Surigao City Zoning Ordinance 2016
Conditional Uses
2.57 Institutional uses such as colleges and universities, vocational and technical
schools, general hospitals and specialized general welfare, charitable and
government institutions
2.58 Wet and dry markets
2.59 Day/ night clubs, bars, cocktails, sing-along lounges, bistros, pubs, beer
gardens
2.60 Massage and sauna parlors
2.61 Casinos
2.62 Junk shop, scrap dealer shops
2.63 Gravel and sand
2.64 Welding shops
2.65 Machine shop service operation (repairing/ rebuilding or custom job orders)
2.66 Columbarium
2.67 Cell [mobile] phone towers
2.68 Hauling services and garage terminals for trucks, tow trucks and buses not
exceeding three [3] units
2.69 Auto sales and rentals, automotive handicraft, accessory and spare parts
shops, marine craft, aircraft and sales yards
2.70 Funeral establishment – Categories I, II and III (subject to Rule III Sec. 4.A.1.1c
of the IRR to govern the processing of applications for locational clearance of
funeral establishments as amended
3. Building Density and Bulk and Property Development Regulations/Building Height Limit
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Surigao City Zoning Ordinance 2016
Location Hazard
Boulevard-Borromeo Block, Brgy. Taft Storm surge inundation of 1-4 m.
High in liquefaction
Prone to flooding
Ground-shaking (PEIS 8)
Tsunami inundated area
Borromeo-Narciso-Navarro-Espina Blocks, High in liquefaction
Brgy. Taft Prone to flooding
Navarro – P. Reyes – Nueva Block, Brgy. Taft Ground-shaking (PEIS 8)
Tsunami inundated area
Capitol Road Strip, Brgy. Washington Ground-shaking (PEIS 8)
Maharlika Road Strip, Brgy. Rizal Prone to flooding
Ground shaking (PEIS 8)
Tsunami inundated area
Sanchez Sand & Gravel area, Brgy. Cagniog Prone to liquefaction & flooding
Ground-shaking (PEIS 8)
Portion of proposed fishing port complex, Brgy. Storm surge inundation of 1-4 m.
Canlanipa Prone to liquefaction
Ground-shaking (PEIS 8)
Tsunami inundated area
Principal Uses
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Surigao City Zoning Ordinance 2016
Accessory Uses
Conditional Uses
2.80 All Principal, Accessory and Conditional Uses in R-2, R-3 Zones
2.81 All Principal, Accessory and Conditional Uses in C-1, C-2 and C-3 Zones
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Surigao City Zoning Ordinance 2016
For land uses following under the use regulations for I-1, I-2 and I-3 Zones which are not
listed in the permitted uses, the corresponding certification as to non-pollutive or highly
pollutive and further classified as non-hazardous, hazardous and extremely hazardous,
shall first secure an Environmental Clearance Certificate (ECC) from the Dept. of
Environment and Natural Resources (DENR). No industry listed under use regulations for I-
1 and I-2 Zones shall be allowed inside areas allotted to purely residential subdivisions
existing prior to the approval of this Zoning Ordinance even if such residential subdivisions
are within the Industrial Zones as described in this Ordinance.
4. Zone Hazard Exposure - Light industrial 1 (I-1) zone is exposed to the following hazards:
Location Hazard
Recabo Area, National highway near High in liquefaction
checkpoint Prone to flooding
Junction of Togbongon road- Ground-shaking (PEIS 8)
maharlika highway block, Brgys. Tsunami inundated area
Togbongon and Rizal
Strip along the national highway in Flooding
Barangays Bonifacio and Quezon (530 Moderate to High susceptibility to
m and 650 m) landslide
Ground-shaking
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Surigao City Zoning Ordinance 2016
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Surigao City Zoning Ordinance 2016
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Surigao City Zoning Ordinance 2016
Accessory Uses
Conditional Uses
The Site and Location of slaughterhouse/abattoir shall be at least 200 meters from
residential areas, schools, churches and other places of assembly courts or public
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Surigao City Zoning Ordinance 2016
FIGURE 8
SIGHT AND LOCATION OF ABATTOIR/SLAUGHTERHOUSE
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Surigao City Zoning Ordinance 2016
4. Zone Hazard Exposure - Medium industrial zone (I-2) is exposed to the following hazards:
Location Hazard
Times Autocraft, Brgy. Washington Storm surge in coastal area
High in liquefaction
Ground-shaking
Low exposure to rain-induced
landslide
Proposed Mini-Industrial Estate, Brgy. Flood and liquefaction
Balibayon - affected/prone area is 1.8 has.
Rain induced landslide
- low susceptibility
Ground shaking
- PEIS-8
Principal Uses
2.1 Meat processing, curing, preserving except processing of ham, bacon, sausage
and chicharon
2.2 Milk processing plants (manufacturing filled, reconstituted, or recombined
milk, condensed or evaporated)
2.3 Butter and cheese processing plants
2.4 Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing,
bottling of natural animal milk and cream-related products)
2.5 Other dairy products n.e.c.
2.6 Canning and preserving of fruits and fruit juices
2.7 Canning and preserving of vegetables and vegetable juices
2.8 Canning and preserving of vegetable sauces
2.9 Miscellaneous canning and preserving of fruits and vegetables n.e.c.
2.10 Fish canning
2.11 Patis factory
2.12 Bagoong factory
2.13 Processing, preserving and canning of fish and other seafoods n.e.c.
2.14 Manufacture of desiccated coconut
2.15 Manufacture of starch and its products
2.16 Manufacture of wines from juices of local fruits
2.17 Manufacture of malt and malt liquors
2.18 Manufacture of soft drinks carbonated water
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Surigao City Zoning Ordinance 2016
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Surigao City Zoning Ordinance 2016
Accessory Uses
Conditional Uses
2.78 All Principal, Accessory and Conditional Uses in R-2, R-3 Zones
2.79 All Principal, Accessory and Conditional Uses in C-1, C-2 Zones
Building Height Limit: 15 meters above highest grade, other industrial structures and
accessories may go beyond the height limitation subject to the approval of
concerned/regulatory agencies
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Surigao City Zoning Ordinance 2016
4. Zone Hazard Exposure: Heavy industrial (I-3) Zone is exposed to the following hazards:
Location Hazard
Proposed Fishing Port Complex, Brgy. Storm surge inundation of 1-4 m.
Canlanipa High in liquefaction
Prone to flooding
Ground-shaking
Tsunami inundated area
Danaque properties, Brgy. Togbongon High in liquefaction
Prone to flooding
Ground-shaking
Proposed PACEMCO port, Brgy. Cagniog Moderately exposed to rain-induced
landslide
Storm surge inundation of 1-4 m near the
coastal area
Portion of the whole area high in
liquefaction
Ground-shaking
Pacemco cement plan and quarry site, Moderate to high vulnerability in rain-
Brgy. Quezon induced landslide
Ground-shaking
Philnico Plant and Quarry Site, Nonoc Is. High to moderate susceptibility to rain
induced landslides
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Surigao City Zoning Ordinance 2016
1. Purpose and Intent: an area within the jurisdiction of the city principally for general types
of institutional establishments e.g. government offices, schools, hospital/clinics,
academic/research, convention centers.
2. Permitted Uses
Principal Uses
2.1 Government or civic centers to house national, regional or local offices in the
area
2.2 Police and fire stations
2.3 Other types of government buildings
2.4 Educational institutions like schools, colleges, universities, professional
business schools, vocational and trade schools, technical schools, seminaries
and convents
2.5 Learning facilities such as training centers, seminar halls and libraries
2.6 Convention center and related facilities
2.7 Civic centers, clubhouses, lodges, community centers
2.8 General hospitals, medical centers, multi-purpose clinics
2.9 Scientific, cultural and academic centers and research facilities except
nuclear, radioactive, chemical and biological warfare facilities
2.10 Churches, mosques, temples, shrines, chapels and similar places of worship
2.11 Museums, exhibition halls and art galleries
2.12 Embassies/ consulate
Accessory Uses
2.13.1 Auditoriums
2.13.2 Gymnasia
2.13.3 Reviewing stands
2.13.4 Little theaters
2.13.5 Concert halls
2.13.6 Cafeteria
2.13.7 Dormitories and staff housing
2.13.8 Motorpool
2.13.9 Parking facilities
Conditional Uses
2.15 All Principal, Accessory and Conditional Uses in R-2, and R-3 Zones
2.16 All Principal, Accessory and Conditional Uses in C-1, C-2 Zones
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Surigao City Zoning Ordinance 2016
4. Zone Hazard Exposure - General Institutional Zone is exposed to the following hazards:
Location Hazard
City Hall compound, Brgy. Washington High in liquefaction
Storm surge inundation of 1-4 m.
Prone to flooding
Ground-shaking (PEIS 8)
Tsunami inundated area
St. Paul University-Surigao, City Cathedral, High in liquefaction
Northeastern Mindanao Colleges, United Prone to flooding
Church of Christ in the Phils., Surigao State Ground-shaking (PEIS 8)
College of Technology Tsunami inundated area
All of Brgy. Washington
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Surigao City Zoning Ordinance 2016
Location Hazard
Brgy. Washington induced landslide
Ground-shaking (PEIS 8)
San Sebastian College, Heritage Center, High in liquefaction
Boy Scouts of the Philippines, Brgy. Taft Storm surge inundation of 1-4 m.
Multi-purpose Building, Taft National High Prone to flooding
School Ground-shaking
Tsunami inundated area
St. Jude Thaddeus Institute of Technology, High in liquefaction
Brgy. Taft Prone to flooding
Ground-shaking
Tsunami inundated area
Capitol Compound, Iglesia ni Cristo Moderate to high vulnerability to rain
induced landslide
Ground-shaking
Caraga Hospital, Pastoral Center, Moderate vulnerability to rain induced
Department of Public Works and Highways landslide
Ground-shaking
Miranda Hospital, Medical Center, High in liquefaction
Adventist Church, Prone to flooding
Ground-shaking
Margarita Elem. School, Airport Terminal, High in liquefaction
all of Brgy. Luna Prone to flooding
Ground-shaking
DENR Compound and High in liquefaction
San Juan Brgy. Hall, Storm surge inundation of 1-4 m
Prone to flooding
Ground-shaking
Tsunami inundated area
SPUS High School, Brgy. Luna High in liquefaction
Surigao West Central Elem. School, San Prone to flooding
Juan Parish Church, Caraga Science High Ground-shaking
School, all of Brgy. San Juan Tsunami inundated area
1. Purpose and Intent: an area within a city principally for particular types of institutional
establishments e.g welfare homes, orphanages, home for the aged, rehabilitation and
training centers, military camps/ reservation/ bases/ training grounds, etc.
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Surigao City Zoning Ordinance 2016
Principal Uses
2.1 Welfare home, orphanages, boys and girls town, homes for the aged and the
like
2.2 Rehabilitation and vocational training centers for ex-convicts, drug addicts,
unwed mothers, physically, mentally and emotionally handicapped, ex-
sanitaria inmates and similar establishments
2.3 Military camps/ reservations/ bases and training grounds
2.4 Jails, prisons, reformatories and correctional institution
2.5 Mental hospitals, mental sanitaria and mental asylums
2.6 Leprosaria and quarantine station
Accessory Uses
2.7.1 Auditoriums
2.7.2 Gymnasia
2.7.3 Reviewing stands
2.7.4 Little theaters
2.7.5 Concert halls
2.7.6 Cafeteria
2.7.7 Dormitories and staff housing
2.7.8 Motorpool
2.7.9 Parking facilities
Conditional Uses
2.9 All Principal, Accessory and Conditional Uses in R-2 and R-3 Zones
2.10 All Principal, Accessory and Conditional Uses in C-1, C-2 Zones
Building Height Limit: 15 meters above highest grade and requirements of the Civil
Aviation Authority of the Philippines (CAAP) as well as the requirements of the National
Building Code, the Structural Code as well as all laws, ordinances, design, standards, rules
and regulations related to land development and building construction and the various
safety codes.
The City Government however, may limit building heights in areas where certain views
need to be preserved so as not to block its scenic view.
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Surigao City Zoning Ordinance 2016
4. Zone Hazard Exposure: Special Institutional Zone is exposed to the following hazards:
Location Hazard
City Jail, Brgy. Bonifacio Moderately vulnerable to rain-induced
landslide
Ground-shaking (PEIS 8)
Provincial PNP station, Brgy. High in liquefaction
Washington Prone to flooding
Ground-shaking (PEIS 8)
Tsunami inundated area
Drug rehabilitation center and Ground-shaking (PEIS 8)
Residential Center for the Street
Children, Brgy. Anomar
PNP Regional Training Center, Brgy. Ground-shaking (PEIS 8)
Lipata
Orphanage, Brgy. Togbongon Low susceptibility to rain-induced landslide,
High in siltation/sedimentation due to
landslide,
Flooding,
Liquefaction,
Ground-shaking
Orphanage, Brgy. Serna Ground-shaking,
Low susceptibility to rain-induced landslide
Orphanage, Brgy. Sabang Liquefaction,
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Surigao City Zoning Ordinance 2016
Tsunami,
Storm surge,
Ground-shaking,
Flooding
Home for the Aged, Brgy. Orok Low susceptibility to rain-induced landslide
Ground-shaking
High in liquefaction
1. Purpose and Intent: an area designed for diversion/amusements and for the maintenance
of ecological balance in the community.
2. Permitted Uses: The following are the allowed uses in the zone:
Principal Uses
Accessory Uses
Conditional Uses
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Surigao City Zoning Ordinance 2016
2.17.1 Hotel
2.17.2 Apartment
2.17.3 Apartel
2.17.4 Pension house
2.17.5 Club house
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Surigao City Zoning Ordinance 2016
1. Purpose and Intent: areas intended for cultivation/ fishing and pastoral activities e.g. fish,
farming, cultivation of crops, goat/ cattle raising, etc.
Principal Uses
2.1 Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like
2.2 Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc.
2.3 Silviculture, mushroom culture and the like
2.4 Pastoral activities such as goat raising and cattle fattening
2.5 Single detached and duplex residential units of landowners/tenant
Accessory Uses
2.6 Customary support facilities such as palay dryers, rice threshers and storage
barns and warehouses
2.7 Ancillary dwelling units/farmhouses for tillers and laborers
2.8 Backyard raising of poultry and piggery, provided that:
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Surigao City Zoning Ordinance 2016
2.11.1 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;
2.11.2 Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); and
2.11.3 Such shall consider the provisions pertaining to customary accessory
uses, traffic and equipment as enumerated under Home Occupation
of this section.
2.12 Recreational facilities for the exclusive use of the members of the family
residing within the premises, such as:
Conditional Uses
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Surigao City Zoning Ordinance 2016
2.18 Preparatory schools provided that they do not exceed three [3] classrooms
and shall be located not less than 500 meters from the nearest existing school
offering similar course.
2.19 Neighborhood-scale recreational facilities such as tennis courts, basketball
courts, swimming pools and similar uses.
2.20 Parks, playgrounds, pocket parks, parkways, promenades and play lots
2.21 Plant nursery
2.22 Religious use such as churches or similar places of worship
2.23 Barangay hall
2.24 Clinic, nursing and convalescing home, health center
2.25 Agri-tourism uses
4. Design Standards and Requirements for Piggery and Poultry shall be in accordance with
the provisions of the Implementing Rules and Regulations governing the processing of
application for locational clearance (HLURB Resolution No. 674, series of 2000, Annex D).
For medium or large scale piggery and poultry which are classified as projects of national
significance as certified to by National Economic Development Authority, Locational
Clearance shall be issued by HLURB.
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Surigao City Zoning Ordinance 2016
1. Purpose and Intent: an area intended; primarily for integrated farm operations and
related product processing activities such as plantation for bananas, pineapple, sugar, etc.
Principal Uses
Accessory Uses
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Surigao City Zoning Ordinance 2016
Conditional Uses
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Surigao City Zoning Ordinance 2016
Location Hazard
Cagniog area, Brgy. Cagniog Low to moderate vulnerability to rain-induced
landslide
Ground-shaking
Poultry and Piggery, Brgy. Moderate vulnerability to rain-induced landslide
Trinidad Ground-shaking
Surigao Feedmill , Brgy. Trinidad Ground-shaking (PEIS 8)
This Zone is intended for public and private cemeteries and columbaria
2. Permitted Uses:
Principal Uses
Accessory Uses
2.4 Chapel
2.5 Parking facilities
2.6 Ossuary
2.7 Crematorium
Conditional Uses
None Allowed
4. Development regulations of Cemetery Zone shall be in accordance with the Rules and
Regulations promulgated by the HLURB (Annex E )pursuant to Executive Order No. 648
Location Hazard
Surigao Public Cemetery, Brgy. Moderate to high vulnerability to rain-
Washington induced landslide
Catholic Cemetery, Brgy Taft Ground-shaking
Ipil Public Cemetery, Brgy. Ipil Moderate vulnerability to rain-induced
landslide
Ground-shaking
Lipata Public Cemetery, Brgy. Lipata High vulnerability to rain-induced landslide
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Surigao City Zoning Ordinance 2016
Ground-shaking (PEIS 8)
Surigao Memorial Park, Brgy. Cagniog Moderate vulnerability to rain-induced
landslide
There are spots which are moderate to low
vulnerable to earthquake-induced landslide
Lower portions prone to flooding
Ground-shaking (PEIS 8)
Surigao City (New) Public Cemetery, Low susceptibility to rain-induced landslide
Brgy. Silop Ground-shaking (PEIS 8)
Proposed Memorial Park Development, Moderate vulnerability to rain-induced
Brgy. Cagniog landslide
There are spots which are moderate to low
vulnerable to earthquake-induced landslide
Lower portions prone to flooding
Ground-shaking (PEIS 8)
1. Purpose and Intent – This zone is intended for the preservation of the Eco-system, like the
aquatic food chain, the water cycle and others.
2. Permitted uses - No development use, or activity shall be allowed in Forest Zones unless
consistent with the Department of Environment and Natural Resources (DENR)
development regulations for forest zones and a permit, lease or license is issued by the
DENR for the following:
2.11 Hillside planned unit development for areas not less than 2 hectares
2.12 Areas for bird sanctuaries reservation
2.13 Areas noted for wild life reservation
2.14 Shallow areas reservation for fish sanctuaries
2.15 Other allowable uses such as mining, infrastructure development, fishpond and
resettlement purposes should be in consonance with national policies as herein
enumerated:
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a. Mining
b. Fishpond Purposes
Fishing activities within the Forest Zone shall be undertaken pursuant to the
provisions of the Fisheries Code and its implementing rules and regulations and the
revised Forestry Code of the Philippines as amended.
Section 28. Buffer/Greenbelts Zone – intended to provide open spaces between zones.
2. Permitted Uses:
Principal Uses
Accessory Uses
2.3 Park structures such as playgrounds, jogging tails, bicycle lanes, etc.
2.4 Ground-level or underground parking facilities
Conditional Uses
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Use Regulations
Principal Use
1. Open Space
Accessory Use
2. None allowed
Conditional Use
1. Eco-tourism uses
2. Reclamation
3. Navigation structures (piers, docks, etc.)
Other regulations shall be in accordance with the Philippine Fisheries Code of 1998,
Revised Public Land Act of 1937, Water Code of the Philippines (as amended),
Reclamation of Foreshore Lands Act of 1957, and related issuances.
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1. Use Regulations
Principal Uses
Accessory Use
Conditional Use
3. Regulations shall be in accordance with the Water Code, Philippine Fisheries Code of 1998,
as amended and related issuances.
1. Use Regulations
Principal Uses
Accessory Use
Conditional Use
Regulations shall be in accordance with the Water Code, Philippine Fisheries Code of 1998,
as amended and related issuances.
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Section 32. Use Regulations in Utilities, Transportation and Services (Infrastructure/ Utilities)
Zone
2. Permitted Uses:
Principal Uses
Accessory Uses
Conditional Uses
None allowed
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Location Hazard
Philippine Ports Authority, Brgy. Taft High in liquefaction
Storm surge inundated area
Tsunami inundated area
Ground-shaking
Lipata Port, Brgy. Lipata Possible areas prone to landslides
accumulation
High in liquefaction
Storm surge inundated area
Prone to flooding
Tsunami inundated area
Ground-shaking
Existing Surigao Airport, Brgy. Luna High in liquefaction
Prone to flooding
Ground-shaking (PEIS 8)
Proposed expansion northward Tsunami inundated area
Bus and Jeepney Terminal, Brgy. Luna High in liquefaction
Prone to flooding
Ground-shaking (PEIS 8)
Landfill site, Brgy. Cagniog Low vulnerability to rain induced landslide
Prone to flooding
Ground-shaking (PEIS 8)
SMWD Reservoir, Brgy. Cagniog Moderate vulnerability to rain induced
landslide
Ground-shaking
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5. Development regulations shall be in accordance with existing rules and regulations of the
Department of Transportation and Communications, Department of Energy, Department
of Environment and Natural Resources, Local Utilities Water Administration and other
existing laws and ordinances.
Development can be allowed in areas where risk is manageable but with limitations on land use,
intensity of development, site development and building design. Hazard overlay zones are used
on top of the base zones (residential, commercial, etc.).
For areas with multiple hazards, there can be one “Multiple Hazard Overlay Zone” where all the
restrictions are attached. The following are the criteria for declaring overlay zones and the
restrictions attached. Some restrictions can be applied generally and may not necessarily be
attached to an overlay zone, e.g. building design requirements for wind loads and earthquakes.
In all of the Overlay Zones, structural analysis and building /structure design must be in
accordance with the National Structural Code of the Philippines and the National Building Code
of the Philippines/Revised Implementing Rules and Regulations of the Code.
The following uses shall be permitted within the identified Overlay Zone provided they are not
prohibited by any other law, code or ordinance:
1.2 Criteria
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1.3.1 The Unpaved Surface Area (USA) of developments shall not be less than 30%
of the total lot area. As defined in the National Building Code, USA is the
“true open space which should be of exposed soil and planted. The USA is
located outside the building envelope.
1.4.1 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;
1.4.2 Providing roof decks that can be used for evacuation purposes;
1.4.3 Building utility connections such as those for electricity, potable water and
sewage shall be located at elevations higher than the FPE;
1.4.4 Natural drainage patterns should not be altered; and
1.4.5 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
1.5 Environmental Conservation and Protection Standards. It is the intent of the City
Government to protect its natural resources. Hence, development shall comply with
the following regulations:
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1.5.9 Retain at least 10% of the property for open space. With the
recommendation from the Building Official and/or City ENRO, the following
may also be required for the Locational Clearance: Drainage Impact
Assessment Statement, Environmental Compliance Certificate, and Evaluation
of existing infrastructure capacity for drainage.
It is the intent of the City to protect properties from landslides by minimizing potentials for
its occurrence.
2.2 Criteria
The MAPSO shall include all buildings and structures built or to be built on the lot.
2.4.1 Site development shall be designed with consideration to 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 properties;
2.4.2 Buildings and structures should be laid out and designed to harmonize with
the terrain to minimize earth moving activities;
2.4.3 Appropriate slope, erosion and soil stabilization measures shall be applied,
either through hard or soft engineering measures;
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2.5.1 Locate buildings away from steep slopes, streams and rivers, or the mouths of
mountain channels
2.5.2 Maintain a maximum density of 1 dwelling unit per lot
2.5.3 Employ slope stabilization measures such as control of surface and ground
water drainage, earth buttresses, restraining walls, terracing, etc.
3.2 Criteria
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4.2 Criteria
4.3.1 Required elevation requirements for the lowest floor line of new constructed
and improved buildings
4.3.2 Requirements for construction of structures on stilts as applicable
4.3.3 Limitations on uses of enclosed spaces below flood elevation (for parking,
access, or limited storage only)
4.3.4 Wet and dry flood proofing measures such as backflow valves, waterproofing
for doors and windows, elevated electric circuits, etc.
4.4.1 Build only in the allowable areas beyond the required coastal easement
4.4.2 Preserve and maintain mangroves and natural vegetation along the coast
5.2 Criteria
5.3.1 For R-1 subdivisions, provide vertical evacuation hills /towers/buildings with
elevations above the projected tsunami height
5.4.1 For multi-storey residential building (R-2 and above), ensure vertical
evacuation above the projected tsunami height
5.4.2 When unavoidable, the following should be ensured:
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The following critical facilities should not be built on the Tsunami Inundation Area;
1. Government centers
2. Civil emergency structures such as evacuation centers and hospitals
The following shall be permitted within the GSOZ provided they are not prohibited
by any other Law, Code or Existing Ordinances:
6.2 Criteria
7.1 Purpose and Intent – to ensure that the dual goals of environmental conservation
and tourism economic development are attained.
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7.3.1 Ecotourism facilities such as resorts should have heights of no greater than 10
meters from highest grade to roof apex line;
7.3.2 The minimum setback of buildings from the inland foreshore line is 10 meters
7.3.3 The maximum building footprints shall be 40% of the total lot area
1. The utilization of the water resources for domestic and industrial use shall be allowed
provided it is in consonance with the development regulations of DENR, provisions of the
Water Code of the Philippines, Fisheries Code and the Revised Forestry Code of the
Philippines, as amended, and provided further, that it is subjected to an Environmental
Impact Assessment prior to the approval of its use.
2. Other uses such as recreation, fishing and related activities, floatage/transportation and
mining (e.g. off shore oil exploration) shall also be allowed provided it is in consonance
with the provisions of the Water Code, and the Revised Forestry Code of the Philippines,
as amended.
Such bodies of water shall include rivers, streams, lakes and seas.
Areas highly susceptible to hazards where risk is unmanageable or unacceptable are hereby
declared as No-Build Zones. This Zone should be supported by official hazard maps.
Development shall not be allowed in No-Build Zones. It is applicable for areas which are
relatively undeveloped or severely damaged from past disasters. For areas highly susceptible to
hazards that are fully built out that need urgent intervention, the following option shall be
explored:
1. Relocation;
2. Upgrading;
3. Redevelopment with mitigation actions
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2. Projected permanent inundation area for sea level rise and coastal erosion
3. High Susceptibility to Storm Surge
4. High Susceptibility to Landslides
5. Earthquake Fault Danger Zone which is a minimum of five (5) meters distance from
the fault or increased according to the following criteria:
Uncertainty in exact fault location
Development plans (e.g. planned access roads or parks along the easement)
6. Areas with severe damage from previous disasters (houses completely covered or
washed out by flood, landslide, or debris slides) where no protection or mitigation
measures have been carried out.
1. No-Build Zones shall be treated as Protected Land where development is not allowed or
severely restricted. But under certain conditions the following uses may be allowed:
2.1 Hazardous uses such as solid waste disposal facilities, petroleum depots, sewage
treatment plants, and the like
2.2 Civil emergency structures such as evacuation centers, hospitals, fire stations, police
stations and the like
3. Existing developments and structures on identified No-Build Zones save for the allowable
uses mentioned above, would have to be removed or relocated. This could either be
through:
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This zone is intended for the preservation of the eco-system, like the aquatic food chain,
the water cycle, mangroves, swamp, fish/bird sanctuaries, etc. and the reservation of land
for future public use.
2. Permitted Uses:
2.3.1 Marinas
2.3.2 Recreational use such as boating, canoeing, etc.
2.4 Hillside planned unit development for areas not less than 2 hectares
2.5 Areas for bird sanctuaries reservation
2.6 Areas noted for wild life reservation
2.7 Foreshore lands reservation
2.8 Reserved areas for scenic values, such as rock formations, waterfalls, and historical
sites
2.9 Areas reserved for archeological sites
2.10 Shallow areas reservation for fish sanctuaries
Except for government reserved lands, the minimum land area for development is 2
hectares
Prior to the issuance of any permit or the use of any premises preliminary development
plans shall be submitted to the City Planning and Development Office for review and
recommend its approval/disapproval. Plans shall include a site plan showing location of
proposed buildings, signs, parking areas, storage and loading areas and general
landscaping.
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ARTICLE VI
GENERAL REGULATIONS
Allowed density shall be in accordance with the provisions prescribed in each particular zone of
this Ordinance.
Notwithstanding the Building Height provision of this ordinance, building height must also
conform to the height restrictions and requirements of the Civil Aviation Authority of the
Philippines (CAAP) as well as the requirements of the National Building Code, the Structural
Code, traffic situation in the immediate vicinity where the building is located, capacity of utility
system to support structure requirements e.g. water, power, etc. as well as the laws,
ordinances, design standards, rules and regulations related to land development and building
construction and the various safety codes.
Area regulation in all zones shall conform with the minimum requirements of the existing codes
such as:
a. P. D. 957 – the “Subdivision and Condominium Buyers’ Protective Law” and its
revised implementing rules and regulations.
b. B. P. 220 – “Promulgation of Different Levels of Standards and Technical
Requirements for Economic and Socialized Housing Projects” and its revised
implementing rules and regulations.
c. RA 7279 – Urban Development and Housing Act (UDHA) – socialized housing and
settlements development
d. P. D. 1096 – National Building Code
e. P. D. 1185 - Fire Code
f. P. D. 856 - Sanitation Code
g. Plumbing Code
h. RA 6541 - Structural Code
i. Batas Pambansa 344 – Accessibility Law
j. Rules and Regulations – HLURB Town Planning and Zoning Program
k. CA 141 or Public Land Act – public lands, including foreshore and reclaimed lands;
l. P.D. 705 – Revised Forestry Code – Forestlands;
m. P. D. 1076 – Water Code of the Philippines – inland and coastal waters, shorelines
and riverbank easements;
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No building used or designated to be used as residence shall be allowed in any rear lot unless
such lot has a right-of-way easement over a path of at least two meters leading to a street. Two
or more buildings, however, may be allowed in a corner path if the right-of-way easement is at
least six (6) meters wide.
Lots abutting on a zone boundary line shall conform to the yard requirements as provided for in
PD 1096.
When it is impractical to apply the requirement of this Ordinance to individual building unit in a
residential compound consisting of two or more buildings, a permit for the construction of such
compound may be issued, provided that the plan thereof conforms to the following conditions:
45.1 That the building/s is/are to be used only for residential purposes and such accessory
uses are permitted in the zone where the compound is located;
45.2 That there is provided, within the tract on which the residential compound is to be
located, an open space for playground purposes within an area in accordance with
the private open space requirement (PD 1096);
45.3 That there is provided, within the tract on which the residential compound is to be
erected or immediately adjacent thereto, an adequate private garage or off-street
parking area, depending on the needs of the residents and their visitors.
Section 45. Easement - the distance from the highest tide line (for coastal areas) or edge of
the normal high water line/banks (for rivers and streams) within which development is not
allowed.
Pursuant to the provisions of the Water Code, the banks of rivers and streams and the shores of
the seas and lakes throughout their entire length and within a zone of:
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Along their margins, are subject to easement of public use in the interest of recreation,
navigation, floatage, fishing and salvage.
46.1 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;
46.2 Mandatory five (5) meter easement on both sides of earthquake fault traces on the
ground identified by PHIVOLCS. Any application projected to be within the five
meter easement shall be referred to the PHIVOLCS for approval or clearance.
PHIVOLCS shall issue a CERTIFICATION whether or not the project site is safe;
46.3 As required by the City Government, road widening and road construction program
illustrated in Annex D as well as other projects that may later on be identified
The City Government however, through an Ordinance of the Sangguniang Panlungsod upon the
recommendation of the City Disaster Risk Reduction and Management Council, can declare an
expanded easement should risk considerations make it necessary to protect life and property.
The easement can be a uniform distance, or a designated line (the distance of which may vary
from the water line). The easement shall be considered as open space where developments
shall be strictly controlled. The following shall be the basis for defining expanded easements:
The River Area or Floodway – this is the area of High Susceptibility to Flood within which
flood risk is unmanageable, due to high water level and velocity (including potential
debris) which can damage structures severely and make evacuation impossible. The
delineation of the River Area or Floodway should be based on flood hazard/ flood
modeling and risk assessment studies. Floodwaters are generally deepest and swiftest in
the floodway, and anything in this area is in the greatest danger during a flood.
Encroachment by development shall not be allowed as this will potentially increase flood
elevations significantly and worsen flood conditions.”
The expanded easement can cover the Floodway plus the required Water Code easement
(e.g. if the Floodway is 10m from the normal high water line, the total easement will be
10m + 3m = 13m (for urban areas). (Refer Figure 18)
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b. Changes in Water Courses. - River beds are dynamic and prone to erosion, sedimentation,
and meandering. Where the floodway and ecological buffer width are an inadequate
allowance for these natural processes, additional site-specific studies and easement width
may be required.
Should there be change in the existing shoreline or banks of the rivers, the setback shall be
construed as moving with the actual river banks or shoreline.
Storm surge and projected permanent inundation areas. The expanded easement should
include the area susceptible to future permanent inundation due to combined sea level
rise and coastal erosion and high risk to storm surge (See Figure 19).
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Aside from flood/inundation risk, an ecological buffer is also one reason for expanding an
easement (See Figure 20). Ecologically significant water courses must be protected or
“buffered” from the impacts of adjacent development or activity. These buffers can
provide the following benefits:
Continuous corridors and habitat for flora and fauna, thereby improving biodiversity
Water quality improvement
Stream bank and erosion protection
Socio-economic benefits such as public open space and recreation areas, which can
improve views and property values.
When watercourses have been canalized, buffers shall still be required to aid
maintenance, and in some cases, allow adequate space for possible restoration.
Development Considerations:
The establishment of easements must also recognize the potential of water bodies as
resources which could stimulate local economies. Thus, the City Government can expand
easement in consideration of the following:
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47.1 Treat existing private development/ buildings within the easement as non-
conforming uses hence shall be subject to the provisions of this Ordinance;
47.2 Restrict use for the portion of the property falling within the easement (e.g. open
space/ agricultural use only)
47.3 Land swap or buy out.
No river bed or sand bars shall be subject of cultivation or utilization except upon prior
recommendation of City Planning and Development Office and upon prior permission from
DENR. Provided further that no permission shall be granted if it obstructs the flow of water, or
if it shall increase the flood levels so as to cause damage to other areas.
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 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 ope space.
Specific provisions stipulated in the National Building Code (P.D. 1096) as amended/appended
thereto relevant to traffic generators, advertising and business signs, erection of more than one
principal structure, dwelling or rear lots, access yard requirements and dwelling groups, which
are not in conflict with the provisions of the Zoning Ordinance, shall be observed.
Projects may be declared by the NEDA Board as projects of national significance pursuant to
Section 3 of EO 72. When a project is declared by the NEDA Board as a project of national
significance, the Locational Clearance shall be issued by HLRB pursuant to EO 72.
Notwithstanding the issuance of Zoning Clearance under Section 75 of this ordinance, neither
environmentally nor critical projects or projects located in environmentally critical areas shall be
commenced, developed or operated unless the requirements of Environmental Clearances (ECC
or CNC) have been complied with.
The role of the Local Government Unit in the Philippines EIS System in relation to MC 2007-08
shall be in accordance with DENR Memorandum Circular No. 2008-08.
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All land uses, developments or construction which create noise, vibrations, smoke, dust, dirt, fly
ash, odors and gases, glare and heat, industrial waste, sewerage disposal and other similar
development/activities shall go through the process of the EIS.
Further, proposed subdivision projects shall prepare their respective Deeds of Restriction that
shall 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 to which it belongs. Compliance with the provisions of Deeds of Restriction shall form part
of the requirements for Locational Clearance. Existing subdivisions, if without Deeds of
Restriction with a list of allowable uses, shall prepare the same within six months from the
passage of this Zoning Ordinance, for the approval of the Zoning Officer.
For projects involving ground preparation works and other kind of development or activity on a
piece of land such as but not limited to the following:
Shall secure a Zoning Clearance from the City Planning and Development Office, a Ground
Preparation Permit from the City Engineering Office and Environmental Clearance from the EMB
through the City ENRO.
ARTICLE VII
SCHEDULE OF ROAD DETAILS
Section 54. Schedule of Road Details - The purpose in providing a Schedule of Road Details is
to (a) establish the width of city streets or road rights-of-way and (b) establish the width of
sidewalks; and (c) establish an open sidewalks which shall be compulsory on all applications for
building construction.
54.1 The following shall be the road right-of-way of streets within the city urban areas:
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54.2 All Other Streets/Roads not herein mentioned shall be in accordance with the
existing laws, approved ordinance/agency/subdivision development plans;
54.3 Restrictions and Prohibitions. – The following restrictions and prohibitions in the
construction of buildings along streets, road rights-of-way and sidewalks shall be
observed:
54.1.1 All building constructions shall conform to the Schedule of Road Details and
the grade and elevation of concrete curb and gutter shall be established by
the Office of the Building Official;
54.1.2 No ramp extensions will be allowed beyond the curb and gutter line towards
the road;
54.1.3 Sidewalks shall immediately abut the street as per approved schedule;
54.1.4 All established road rights-of-way shall be free of free-standing signs unless
used for traffic control;
54.1.5 A planting scheme shall be submitted for approval by the building official for
sidewalks with a schedule of planting strips prior to the approval of the
building permit;
54.1.6 No building encroachments shall be allowed on road rights-of-way;
54.1.7 All road rights-of-way should be free of any obstructions; whether temporary,
permanent or rolling.
ARTICLE VIII
INNOVATIVE TECHNIQUES
For projects that introduce flexibility and creativity in design or plan such as but not limited to
Planned Unit Development, housing projects covered by New Town Development under RA
7279, BP 220 and PD 957 (BLISS Commercial Complexes) (delete) , etc., or when it is impractical
to apply the requirements of this Ordinance to certain developments, the Zoning Officer in
consultation with the City Planning and Development Office and approval of the City Mayor or
his authorized designate, may, on grounds of innovative development techniques, grant a
Special Development Permit for the purpose; provided the following conditions are complied
with:
55.1 That the proposed land development will not alter the essential character of the
zone, especially its population density, number of dwelling units per hectare and the
dominant land use of the zone;
55.2 The preliminary plan must generally set forth any existing or proposed arrangements
of lots, streets, access points, buffer strips and rail, water, highway or other
transportation arrangements and the relationship of the tract of land involved to
surrounding properties;
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55.3 Both preliminary and final development plans must be submitted to the City
Planning and Development Office for review;
55.4 The final plan must, in addition to the above-cited requirements, describe the noise,
smoke, odor, vibration, dust, dirt, noxious gases, glare and heat, fire hazards,
industrial waste and traffic which may be produced by the development;
55.5 That the area subject of application is a consolidated parcel of land of at least two
hectares
In cases where the Zoning Officer has the difficulty in processing the proposed land
development, the application shall be forwarded to HLURB for appropriate action.
Density bonuses, such as through allowable building height increases, may be provided for
projects that uses technology or innovations that promote climate change/ disaster risk
adaptation and mitigation, such as use of solar panels, rainwater harvesting, smart urban
drainage systems, green architecture/ building systems.
All other similar and related uses applicable to each zone shall be approved by the City Zoning
Board of Adjustment and Appeals.
ARTICLE IX
PERFORMANCE STANDARDS
The following performance standards are intended to ensure land use and neighborhood
compatibility. All developments shall exhibit compliance to these standards which shall form
part of the requirements for Locational Clearance. These standards are by no means exhaustive
or all inclusive. The City Zoning Board of Adjustment and Appeals (CZBAA) may require other
standards, when deemed necessary, to ensure land use and neighborhood compatibility.
It is the intent of the Zoning Ordinance to protect the natural resources of the City. In order to
achieve this objective, all developments shall comply with the following regulations:
59.1 Views shall be preserved for public enjoyment especially in sites with high scenic
quality by closely considering building orientation, height, bulk, fencing and
landscaping;
59.2 Heavy water using industrial (e.g. soft drink bottling), recreational (golf courses,
water theme parks and the like) and other facilities that will cause excessive and
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59.3 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;
59.4 All developments shall limit the rate of storm water runoff so that the rate of
runoff generated is no more than that of the site in its natural condition;
59.5 All developments shall undertake the protection of rivers, streams, lakes and ponds
from sedimentation and erosion damage;
59.7 City 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
DAO No. 35 – 91 – Establishing Effluent Quality Standards for Class “C” Inland
Waters and other applicable laws and regulations;
59.8 Developments that generate toxic and hazardous waste shall provide appropriate
handling and treatment facilities which should be in accordance with and approved
by the DENR;
59.9 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;
59.10 All developments, particularly those in sloping areas, shall undertake adequate and
appropriate slope and erosion protection as well as soil conservation measures;
59.11 Facilities and operations that cause the emission of dust, dirt, fly ash, smoke or any
other air polluting material that may have deleterious effects on health or cause
the impairment of visibility are not permitted. Air quality at the point of emission
shall be maintained at specified levels according to DENR DAO No. 14 - Revised Air
Quality Standards of 1992 and other applicable laws and regulations.
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60.1 All residential, commercial, industrial and mixed-use subdivisions, having total
contiguous land areas of at least one hectare and/or subdivision generating 10 lots
or more (five hectares or less) are respectively required to provide tree-planted
strips along its internal roads having a spacing of not more than 10 meters per tree;
60.2 Similar developments with total contiguous land areas greater than one hectare
(five hectares) are required to provide, in addition to the above, landscaped tree
parks with areas not less than ten percent (10%) of the total land area of the
property, for the use of the occupants and/or the general public. These tree parks
may be made part of the open space requirements mandated by PD 957, BP220
and related laws;
60.3 These open spaces, along with parks, and playgrounds, (roads, alleys and
sidewalks,) shall be (classified as non-alienable public lands, and) non-buildable
and shall not be allocated, assigned, or altered for private or for any other use.
Upon completion of the project, these open spaces along with parks, and
playgrounds, (shall) may be donated by the owner or developer to the city
government or to a duly organized Homeowner’s Association (with the prior
written consent of the City Government.) These shall hereinafter be zoned as Parks
and Recreation Zones. Roads, alleys and sidewalks shall be donated to the City
Government in accordance with Section 23 of BP 220;
60.4 No portion of these donated open spaces may thereafter be converted to any
other purpose or purposes;
Historic sites and facilities shall be conserved and preserved. These shall be made accessible, to
the extent possible, for the educational and cultural enrichment of the general public. The
following shall guide the development of historic sites and facilities:
61.1 Sites with historic buildings or places should be developed to conserve and
enhance their heritage values; and
The City considers it in the public interest that all projects are designed and developed in a safe,
efficient and aesthetically pleasing manner. Site development shall consider the environmental
character and limitations of the site and its adjacent properties. All project elements shall be in
complete harmony according to good design principles and the subsequent development must
be visually pleasing as well as efficiently functioning especially in relation to the adjacent
properties and bordering streets.
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The quality of every neighborhood shall always be enhanced. The design, construction,
operation and maintenance of every facility shall be in harmony with the existing and intended
character of its neighborhood. It shall not change the essential character of the said area but
will be a substantial improvement to the value of the properties in the neighborhood in
particular and the community in general.
62.1 Sites, buildings and facilities shall be designed and developed with regard to safety,
efficiency and high standards of design. The natural environmental character of the
site and its adjacent properties shall be considered in the development of each
building and facility;
62.2 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;
62.3 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;
62.4 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. For parking lots having at least 20
car parking slots, the minimum height of trees at the time of securing an
Occupancy Permit shall be 1.80 meters from the base to the crown. In no case shall
parking areas/lots encroach into street rights-of-way;
62.5 Developments that have lot areas of two hectares or more and/or which attract a
significant volume of public modes of transportation, such as tricycles, PUJs, buses,
etc., shall provide 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;
62.6 Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be
provided to all noise and vibration-producing machinery. Noise levels shall be
maintained according to levels specified in DENR DAO No. 30 - Abatement of Noise
and Other Forms of Nuisance as Defined by Law;
62.7 Glare and heat from any operation or activity shall not be radiated, seen or felt
from any point beyond the limits of the property;
62.8 Except as otherwise provided in this ordinance, fencing along roads shall be see-
through and have a maximum height of 1.80 meters from the finish grade line.
Fence base made of concrete, hollow blocks, rock or any opaque material shall
have a height of no greater than 1.00 meter. Side and rear fencing between
adjacent lots (not facing a road) shall also have a maximum height of 1.80 meters,
except those used for General Industrial purposes, and may be of opaque
construction material. The side and rear fences of properties within Industrial
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Zones shall have maximum heights of 3.00 meters and may likewise be of opaque
construction material;
62.9 Except for developments covered by BP 220, row housing units (apartments,
townhouses or the like) may be allowed provided that these shall not exceed six
units per cluster or row;
62.10 Basement and upper level parking are encouraged. Parking buildings may also be
built provided that these are designed to appear as regular buildings.
All developments shall not cause excessive requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community. All
developments shall exhibit that their requirements for public infrastructure (such as roads,
water supply and the like) are within the capacities of the system/s serving them.
All development proposals in flood prone areas and all major proposals likely to
affect the existing drainage regime, including commercial-residential buildings,
shopping centers, office areas and business parks, residential areas, schools,
universities, and industrial estates, shall be required to submit Drainage Impact
Assessment Studies;
Major facilities such as industrial estates, industrial establishments, shopping centers and/or
similar facilities that require 50 or more employees during operations shall be required to
submit Socio-Economic Impact Assessments which shall form part of the requirements for
Locational Clearance.
Proponents shall establish that their developments will cause direct socioeconomic benefits to
the City such that they prioritize the hiring of qualified residents of the City, provide relevant
employee housing facilities/assistance and/or prioritize the sourcing of materials and supplies
from the City.
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ARTICLE X
MITIGATING DEVICES/MEASURES
Exceptions, variances or deviations from the provisions of this Ordinance may be allowed by the
City Zoning Board of Adjustment and Appeals (CZBAA) only when the following terms and
conditions are existing:
Variance may be allowed provided that proposals satisfy at least three of the
following provisions:
65.1.1 The conditions of the property (topography, shape, etc.) which is not self-
created will inhibit the proper layout/design of facilities per provisions of this
Ordinance;
65.1.3 The variance will not substantially or permanently injure 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;
65.1.4 That the variance will not weaken the general purpose of the Ordinance and
will not adversely affect the public health, safety or welfare;
65.1.5 The variance will be in harmony with the spirit of this Ordinance.
Exceptions may be allowed provided that proposals satisfy all of the following
conditions:
65.2.1 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;
65.2.3 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;
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65.2.4 The exception will not alter the essential character and general purpose of
the zone where the exception sought is located.
Section 66. Procedures for Granting Exceptions and Variances. The procedure for the
granting of exception and/or variance is as follows:
66.1 A written application for an exception or variance shall be filed with the City Zoning
Board of Adjustment and Appeals (CZBAA) citing the section of this Ordinance under
which the same is sought and stating the ground/s thereof;
66.2 Upon filing of application, the applicant is required to post a visible project sign at
the project site. This sign shall be maintained until the CZBAA has rendered a
decision on the application. The size of the project sign shall be 4 ft. x 8 ft. to be
divided into two (2), one side to contain the following information below and the
other side to contain the project perspective:
The comment period is within ten (10) days from the posting of this visible sign.
To submit written comments or to obtain additional information, contact the
Secretariat at the City Planning & Development Office, Tel. No. (086) 826-
8502, (086) 231-7209 or email to [email protected]
66.3 An appeal fee and inspection/re-inspection fee shall be collected for all projects, by
the City Treasurer from applicants for any deviation from the Zoning Ordinance
before it is acted upon by the City Zoning Board of Adjustment and Appeals;
66.4 The City Zoning Board of Adjustment and Appeals shall conduct ocular inspection
and related preliminary studies on the application;
66.5 A written affidavit of non-objection of the project by the owners of the properties
immediately in front and at adjacent sides of the project shall be filed by the
applicant with the CZBAA at least fifteen (15) days prior to the decision for
exception/variance. If said affidavit is not received within the prescribed period,
application is considered denied;
66.7 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;
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66.8 The CZBAA shall render a decision within thirty (30) days from the filing of the
application, exclusive of the time spent for the preparation of written affidavit of
non-objection and the public hearing in case of any objection to the granting of
exception or variance.
66.9 Any applications not acted upon after the period foretasted shall be considered
approved; provided, however, that the running of said period shall be stayed while
the applications had been recognized and subjected to deliberation/evaluation by
the Board;
66.10 A variance or exception granted under the provisions of this Ordinance shall expire
and become null and void if the building or work authorized therein is not
commenced within a period of one (1) year from the date of such grant.
Section 67. Motion for Reconsideration – The decision/resolution of the Board shall become
final and executory if after the lapse of five (5) days from receipt of said decision/resolution, no
motion for reconsideration is filed with the Board. Only one motion for reconsideration shall be
allowed herein.
ARTICLE XI
MISCELLANEOUS PROVISIONS/SUPPLEMENTARY REGULATIONS
The regulations set by this Zoning Ordinance within each zone unless otherwise provided, shall
apply uniformly to each class or kind of structure or land, as follows:
68.1 No building, structure or land shall hereafter be used, or occupied, and no building
or structure or part thereof shall hereafter be erected, constructed or reconstructed,
moved or structurally altered except in conformity with all the regulations herein
specified for the zone in which it is located;
68.3 No yard or lot existing at the time of the passage of this Zoning Ordinance shall be
reduced in dimension of areas below the minimum requirements set forth herein;
68.4 Any form of land development such as land filling, site grading, construction of curbs
and gutters, fencing, etc., shall not be allowed unless adequate provisions are made
for adequate environmental protection to safeguard the areas adjacent to the
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proposed development from flooding, noise pollution and other physical effects
contrary to public welfare;
68.5 No fence for any purpose shall exceed the height stipulated in a particular zone nor
shall it obstruct the easement of light and view or drainage by gravity. Except for the
use of interlink wires, solid fencing of private roads is strictly prohibited as this will
deprive adjoining building owners the right of free air, access and environmental
comfort;
68.6 No road nor drainage construction in subdivision areas or private and public lots
shall be undertaken without first securing a construction permit from the City
Engineer. The road permit and drainage permit fees shall be in accordance with an
existing ordinance or in its absence, shall be recommended by the City Engineer duly
passed by the Sangguniang Panlungsod and approved by the City Mayor. A surcharge
of 100% shall be imposed if construction is started before a permit is obtained;
68.8 The consent of homeowner’s associations and/or barangay associations and adjacent
property owners shall first be obtained before any permit for any land development
is issued;
ARTICLE XII
SCHEDULE OF ZONING FEES, CHARGES, PENALTIES & FINES
Section 69. Fees and Charges. The following fees and charges shall be paid to the City
Treasurer based on the Order of Payment issued by the Zoning Officer:
B. Apartments/Townhouses
P500,000 or below P 1,440.00
Over P500,000 to P 2 Million P 2,160.00
Over P 2 Million P 3,600 + 1/10 of 1% of cost in
excess of P2 M regardless of the
number of doors.
Inspection Fee/ Re-inspection Fee P 200.00
C. Dormitories
P2 Million or below P 3,600.00
Over P 2 Million P 3,600.00 + 1/10 of 1% of cost
in excess of P2 M regardless of
the number of doors.
Inspection Fee/ Re-inspection Fee P 200.00
D. Institutional-project cost of which is:
P 2 Million or below P 2,880.00
Over P 2 Million P 2,880.00 + 1/10 of 1% of cost
in excess of P2 Million
Inspection Fee/ Re-inspection Fee P 200.00
E. Commercial, Industrial and Agro-Industrial – Project
cost of which is:
P100,00 or below P 1,440.00
Over P100,000 – P 500,000 P 2,160.00
Over P500,00 – P 1 Million P 2,880.00
Over 1 Million – P2 Million P 4,320.00
Over P 2 Million P 7,200.00 + 1/10 of 1% of
cost in excess of P 2 Million
Inspection Fee/ Re-inspection Fee P 200.00
F. Special Uses/Special Projects (Gasoline Stations, Cell
Sites, Slaughterhouse, Treatment Plant, etc.)
P 2 Million or below P 7,200.00
Over P 2 Million P 7,200.00 + 1/10 of 1% of
cost in excess of P 2 Million
Inspection Fee/ Re-inspection Fee P 200.00
G. Perimeter Fence Fees is based on the project cost
per intended use or zoning
classification of the lot
Inspection Fee/ Re-inspection Fee P 200.00
H. Other Land Development Projects/Activities like cut Fee is based on the
and fill, and filing and other activities that will be project/development cost per
introduced on the property intended use or zoning
classification of the lot
Inspection Fee/ Re-inspection Fee P 200.00
2. ZONING COMPLIANCE
Inspection Fee/ Re-inspection Fee P200.00
Certificate of Zoning Compliance
A. Residential
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(PSDP)
Approval Zoning Clearance
Processing Fee P 360.00/ha. or fraction thereof
Inspection Fee P 1,500.00/ha. regardless of
density
2. Final Approval and Development Permit
Processing Fee P2,880/ha. regardless of density
Inspection Fee (Not applicable for projects P 1,500/ha. regardless of density
already inspected for PSDP Application)
3. Alteration of Plan (affected areas only) Same as final Approval
and Development Permit
2. Extension of Time to Develop
Processing Fee P 504.00
Additional fee (unfinished area for P 14.40 per sq. meter
development)
Inspection Fee P1,500/ha. regardless of density
B. Condominium Project
1. Approval of Condominium Plans/Final Approval and
Development Permit
1. Preliminary Approval and Zoning Clearance P 720.00
2. Final Approval/Development Permit
Processing Fee:
a. Land Area P 7.20/sq. m.
b. No. of Floors P 288.00/per floor
c. Building Areas P 23.05 /sq. m. of G.F.A.
Inspection Fee P 1,500.00/ha.
3. Alteration (affected areas only) Same as final approval
and development permit
4. Conversion (affected areas only) Same as final approval
and development permit
4. SUBDIVISION AND CONDOMINIUM PROJECTS (UNDER
BP 220)
A. Subdivision Projects
1. Approval of Subdivision Projects
1. Preliminary Subdivision Development Plan
Approval
Processing Fee:
a. Socialized Housing P 90.00/ha.
b. Economic Housing P 216.00/ha.
Inspection Fee:
a. Socialized Housing P 1,500.00/ha
b. Economic Housing P 1,500.00/ha
2. Final Approval & Development Permit
Processing Fee:
a. Socialized Housing P 600.00/ha.
b. Economic Housing P 1,440.00/ha.
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Inspection Fee:
a. Socialized Housing P 1,500.00/ha
b. Economic Housing (Projects already P 1,500.00/ha
inspected for PALC application may not
be charged inspection fee)
3. Alteration of Plan (affected areas only) Same as final approval
and development permit
4. Building Permit (floor area housing unit) P 7.20/sq. meters
2. Extension of Time to Develop
Processing Fee:
a. Socialized Housing P 420.00/ha.
b. Economic Housing P 504.00/ha.
Additional Fee (unfinished area for
development)
Inspection Fee:
a. Socialized Housing P 1,500.00/ha
b. Economic Housing P 1,500.00/ha
Inspection Fee (saleable floor area of housing
unit):
a. Socialized Housing P 6.00/sq. meter
b. Economic Housing P 6.00/sq. meter
3. Occupancy Permit
Processing Fee:
a. Socialized Housing P 6.00/sq. meter
b. Economic Housing P 7.20/sq. meter
Inspection Fee (saleable floor area of housing
component):
a. Socialized Housing P 1,500.00/ha
b. Economic Housing P 1,500.00/ha
B. Condominium Projects
1. Approval of Condominium Plans
1. Preliminary Approval & Zoning Clearance P 720.00
2. Final Approval and Development Permit
Processing Fee:
a. Total Land Area P 7.20/sq. meter
b. Number of Floor P 144.00/floor
c. Building Area P 5.80/sq. meter of GFA
Inspection Fee P 1,500.00/ha
3. Alteration of Plan (affected areas only) Same as final approval
and development permit
2. Extension of Time to Develop
Processing Fee P 3.00/sq. meter
Inspection Fee (unfinished area for P 1,500.00/floor
development)
HLRUB Board Res. No. 901,
5. COMPLIANCE TO SECTION 18 OF RA 7279
Series of 2013
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1. Compliance Certificate
1.1. Processing Fee P 500.00
1.2. Inspection Fee (for joint venture agreements
with developers, housing agencies and local
government units and memoranda of
agreement with non-governmental agencies, P 1,300.00/hectare
and provision and upgrading of basic facilities,
amenities and other forms of development to
socialized housing and CMP projects)
6. INDUSTRIAL/COMMERCIAL SUBDIVISION
1. Approval of Industrial/Commercial Subdivision
1. Preliminary Approval and Zoning Clearance
Processing Fee P 432.00/ha.
Inspection Fee P 1, 500.00/ha.
2. Final and Approval and Development Permit
Processing Fee P 720.00/ha.
Inspection Fee (projects already inspected
for Zoning Clearance application may not P 1,500.00/ha
be charged inspection fee)
3. Alteration Plan (affected areas only) Same as final approval
and development permit
2. Extension of Time to Develop
Processing Fee P 504.00
Additional Fee (unfinished area for P 14.40 sq. meter
development)
Inspection Fee P 1,500.00/ha.
7. FARMLOT SUBDIVISION
1. Approval of Farmlot Subdivision
1. Preliminary Approval and Zoning Clearance
Processing Fee P 288.00/ha
Inspection Fee P 1,500.00/ha
2. Final Approval and Development Permit
Processing Fee P 1,440.00/ha.
Inspection Fee (Projects already inspected
for Zoning application may not be charged P 1,500.00/ha.
inspection fee)
3. Alteration of Plan (affected areas only) Same as final approval
and development permit
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PROJECT/COLUMBARIUM
1. Approval of Memorial Park/Cemetery
Project/Columbarium
1. Preliminary Approval of Development Plan
a. Memorial Project P 720.00/ha
b. Cemeteries P 288.00/ha.
c. Columbarium P 3,600.00/ha.
Inspection Fee
a. Memorial Project P 1,500.00/ha.
b. Cemeteries P 1,500.00/ha.
c. Columbarium P 1,500.00/ha.
2. Final Approval and Development Permit
a. Memorial Project P 3.00/sq. meter
b. Cemeteries P 1.50/sq. meter
c. Columbarium P 7.20/sq. meter of land area
P 3.00/floor
P 23.05/sq. meter of GFA
Inspection Fee (Projects already inspected
for preliminary approval may not be
charged inspection fee)
a. Memorial Project P 1,500.00/ha.
b. Cemeteries P 600.00/ha.
c. Columbarium P 14.40/sq. meter of GFA
3. Alteration Fee Same as final approval
and development permit
2. Extension of Time to Develop P 504.00
Processing Fee
- Additional Fee (unfinished area for
development)
a. Memorial Project P 1,440.00
b. Cemeteries P 720.00/ha.
c. Columbarium P 5.80/sq. meter of GFA
Inspection Fee
a. Memorial Project P 1,500.00/ha.
b. Cemeteries P 1,500.00/ha.
c. Columbarium P 1,500.00/floor
9. APPEAL FEE: (APPLICATION FOR DEVIATION TO
ZONING ORDINANCE)
Involving residential use
a. Prior to project implementation P 600.00
b. Project implementation on going P 1,200.00
Involving commercial or other uses
a. Prior to project implementation P 1,200.00
b. Project implementation on going P 2,400.00
10. OTHER TRANSACTIONS/CERTIFICATIONS
1. Zoning Certification P 300.00 below one (1) ha.
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Any violations to this Ordinance shall be punished by imprisonment of not less than two (2) months
or a fine in accordance with the following Schedule of Fines and Penalties or both at the discretion
of the court. In case the violator is a juridical person, the penalty shall be imposed on the manager,
president or any person having charge thereof.
70.1 For failure to secure Zoning Clearance prior to the start of the project and Certificate of
Zoning Compliance prior to occupancy.
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Agro-
2001-3500 3501-5000 5001-6500 4001-7000 7001-10000 10001-13000
Industrial
Agricultural 1501 -3000 3001 -6000 6001 -9000 3001-6000 6001-9000 9001-12000
Commercial 1501 -3000 3001 -6000 6001 -9000 3501-6500 6501-9500 9501-12500
Institutional 1201 -2400 2401 -5000 5001 -7000 2401-5000 5001-7000 7001-9000
Special
2000-4500 4501-7500 7501-11000
Project
70.2 Violations of the Terms and conditions in clearance and all other violations on the
requirements for Zoning Clearance:
70.3 For violations of real estate management laws, rules and regulations
Impose Administrative Fine not exceeding twenty thousand pesos (P20,000.00) for
any violation of its charter and its rules and regulations.
70.5 Pursuant to Art. IV, Sec. 5.Q.2 of EO 648, Series of 1981, cite and declare any person,
entity or enterprise in contempt of the Board in the following case:
b. Whenever any person, enterprise or entity fails or refuses to comply with or obey
without justifiable reason, any lawful order, decision, writ or process of the
board. In connection therewith, it may in cases falling within the first paragraph
hereof, summarily impose a fine of an amount not exceeding P2,000.00 and
order the confinement of the violator for a period that shall not exceed the
duration of the hearing or proceeding or the performance of such functions, and
in cases falling with the second paragraph hereof, it may, in addition to the
administrative fine abovementioned impose a fine of P500.00 for each day that
the violation or failure or refusal to comply continues, and order the confinement
of the offender until the order or decision shall have been complied with;
70.6 Pursuant to Sec. 38 of PD 957 the City Government may prescribe and impose fines
not exceeding Ten Thousand Pesos P10,000.00) for violations of the provisions of this
Ordinance or of any rule or regulation thereunder. Fines shall be payable to the City
Treasurer and enforceable through writs of execution in accordance with the
provisions of the rules of court.
Where the existence of the following acts and omissions are duly established, the fine
fixed on the schedule of administrative fines corresponding to such act or omission shall
be imposed:
a. Failure without just cause to secure any of the clearances, permits, licenses or
approval that are required by law or regulations to be secured from the City
Government;
b. Failure to comply with any of the condition/s set forth in the clearances, permits,
licenses or approval issued by the City Government;
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e. Failure to obey or comply with the order issued by the City Government after
monitoring the existence of any violation.
b. The presence of attending circumstances and/or good or bad faith on the part of the
violator;
d. The implication of the continued existence of the violation on the attainment of the
objectives/purposes enunciated in the law and regulations;
Lack of foreknowledge, ignorance of the law, where any one of the circumstances
mentioned in II D.6. are absent, which shall be considered as a privileged
mitigating circumstance that can be offset only by two (2) aggravating
circumstances.
c. Within each range (minimum, medium, maximum) there shall be equal sub-ranges
based on project classification by land use 'intensity (e.g. R1, R2, C1, C2, 11, 12, etc.)
with those lowest in intensity being imposed the minimum amount for each range
and those highest in intensity, the maximum amount in the range;
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d. Within each sub-range shall be "High" and "Low" periods with the applicability of the
periods in question being dependent on the presence or absence of local zoning
regulations at the time the offense is committed;
e. To determine the extent of a period or a sub-range, the sum of the minimum and
maximum amounts of each periods or sub-range shall be divided by the number of
periods/sub-range to be created and the resulting quotient shall be considered as
the extent of such period or sub-range, which shall then be reckoned from the
minimum amount of the range or the maximum amount of the preceding sub-range,
as the case may be.
The following circumstances shall be sufficient to exempt the violator from liability for
fines.
a. Where the proponent has secured zoning/locational clearance and/or other permits
from a local zoning administrator or building official and/or other local officials with
apparent authority to issue the same, provided that:
d. Where the property is located within an APD/ULRZ but is not occupied by qualified
tenants, and is sold/mortgaged or encumbered under any of the following
circumstances:
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The following mitigating circumstances shall warrant the Imposition of the Minimum Level
of Fine:
a. When the violation has very minimal adverse impact on the adjoining areas or
projects or on the rights of affected parties, if any;
c. When the violation although not conforming does not pose any present danger to
public health, safety, convenience and peace and order;
d. When the violation can be easily rectified, i.e., the law/regulation/condition can still
be complied with;
e. Where there was negligence on the part of the violator in falling to immediately
comply with the requirements of the law but no adverse consequences have been
noted;
6. Aggravating Circumstances Shall Serve to Increase the Liability of the Violator and
Authorize the Imposition of Maximum Penalties or Fines
b. When the violator has a history of similar offenses or violation over several
occasions;
c. Where no remedial/corrective measures are made despite due notices, or even if
measures are undertaken the same are still not adequate;
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a. The penalty or fine imposed is not in accordance with nor authorized by law or
existing regulations;
c. The findings of facts do not conform to the truth or do not provide sufficient basis for
imposition of fine.
ARTICLE XIII
ENFORCEMENT AND ADMINISTRATION
This Ordinance shall be enforced and administered by the Local Chief Executive through the
Zoning Administrator/Zoning Officer who shall be appointed by the City Mayor in accordance
with existing Civil Service Laws. In case where the Zoning Administrator/Zoning Officer is an
organic employee of a department, such officer shall be directly supervised by the Department
Head concerned. In case(s) where the Zoning Administrator/Zoning Officer is unable to dispense
or perform the functions stipulated in Section 74 hereof, due to official leave of absence or for
other reasons, the supervising Department Head where the organic employee is attached shall
assume the functions.
The Zoning Administrator/Zoning Officer shall be a reputable person of good moral character
and shall possess specialized knowledge, training and/or experience in physical planning,
construction and/or technology; should have at least five (5) years of relevant work experience
including preparation of Comprehensive Land Use Plans.
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2. Maintain a record on all zoning permits, zoning and land use verification certificates
and non-conforming uses;
3. Act on all applications for Zoning Clearances/Certificate of Zoning Compliance for all
projects.
4. Issuance of Zoning Clearance for projects conforming to with zoning regulations and
its corresponding Zoning Compliance.
5. Recommend to the City Zoning Board of Adjustment and Appeals (CZBAA) the grant
or denial of applications for variances and exemptions and the issuance of Certificate
of Non-Conformance for non-conforming projects lawfully existing at the time of the
adoption of the Zoning Ordinance, including clearances for repairs/renovations on
non-conforming uses consistent with the guidelines therefore.
6. Monitor on-going/existing projects within their respective jurisdictions 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 Zoning Ordinance and if
necessary, pursuant to Section 3 of Executive Order No. 71 refer subsequent actions
thereon to the HLURB.
7. Submit monthly report to the City Mayor on the following:
8. Recommend to the City Mayor the issuance of an order for the removal of any use in
violation of this Zoning Ordinance upon the owner, agent or tenant of the building or
land, or upon the architect, builder, contractor or other persons who commit or
assist in the commission of the said violation;
9. Call and co-ordinate with the Philippine National Police for enforcement of all orders
and processes issued in the implementation of this Ordinance;
10. Co-ordinate with the City Legal Officer or in its absence, with the City Fiscal for other
legal actions/remedies relative to the foregoing.
11. Co-ordinate with the Regional Office of the HLURB regarding proposed amendments
to the ZO prior to adoption by the Sangguniang Panlungsod.
12. Take any other action authorized by this Ordinance to ensure compliance with or
prevent violation of any of the provisions herein.
All owners/developers shall secure Zoning Clearance from the Zoning Administrator/Zoning
Officer or, in cases of Conditional Uses and Variances/Exceptions, from the City Zoning Board of
Adjustment and Appeals (CZBAA) prior to conducting any activity, which may include but not
limited to such site preparation works like land filling, clearing, and alterations/modifications
within the existing structure or usage thereof, or construction on their property/land. This will
include property/ land located in Forest Lands, Special Economic Zones and other areas
administered by national and special agencies, except for facilities for national security as
certified by the Department of National Defense. Violators shall be fined/penalized in
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accordance with the Schedule of Fines and Penalties stipulated in Section 70 of this Ordinance.
The Zoning Clearance issued is NON-TRANSFERRABLE and shall automatically be revoked in the
event of sale and/or any conveyance transferring ownership of the project and/or any changes
to the allowed uses thereof.
B. If NOT REGISTERED in the name of the applicant, submit any of the 1st four
requirements:
a. Deed of Sale
b. Deed of Donation
c. Contract of Lease
d. Notarized authorization from the owner to use the lot/building/space/structure;
and
e. Current Real Property Tax payment
C. For LESSEE-APPLICANT
a. Contract of Lease
b. Applicant’s current RPT receipt or Certification of no real property
c. Occupancy Permit
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a. Written Consent or Authorization to Operate or Use For Free from the owner
of lot/space/building/structure
b. Applicant’s current RPT receipt or Certification of no real property
For structures, areas and buildings of any occupancy or mixed occupancy or occupied
in connection with a business, the Zoning Officer shall issue a Certification that the
business applied for is allowed or permitted in the particular zone.
The Business Permit and Licensing Office (BPLO) shall not issue a Business Permit
unless a Zoning Certification from the Zoning Officer has been issued.
No Zoning Certification and land use verification certificate shall be issued if new
developments or substantial change or use of occupancy had occurred. Instead,
application for the new developments or change shall be applied for and the
corresponding change of occupancy shall be secured pursuant to P.D. 1096. For
Business Permit Application (Annex F), application for Zoning Clearance shall be filed
with the Zoning Administrator/Zoning Officer.
Section 77. Requirements for Zoning Certification in relation to Application for Business
Permit
1. Duly accomplished and notarized Zoning Certification Application Form (ZCA Form 1)
2. Vicinity map showing the exact location of business establishment
3. Brgy. Clearance certification where business establishment is located.
4. Zoning fee
5. Current real property tax receipts of land and building where the business will be
established
6. Notarized authority to follow-up / claim the zoning certification
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No Building Permit shall be issued by the Local Building Official without a valid Zoning Clearance
in accordance with this ZO.
If the project is not commenced or started within one year from the date of issue, it shall result
in its automatic expiration/revocation which automatically cancels the building permit issued by
the Building Official. A notice thereof shall be given to the persons affected by the Zoning
Administrator/Zoning Officer. The grantee shall not proceed with his project without applying
for a new clearance.
No Certificate of Occupancy shall be granted by the Building Official without first securing a
Certificate of Zoning Compliance from the Zoning Administrator.
A certificate of non-conformance for all non-conforming uses shall, upon proper notice, be
applied for by the owner of the structure or operator of the activity involved with the Zoning
Administrator/Zoning Officer within six (6) months from the ratification of this Zoning Ordinance
by the Sangguniang Panlalawigan (SP). A Non-Conformance Fee of Pesos One Thousand
(P1,000.00) shall be paid to the City Treasurer prior to the issuance of the Certificate. Failure
on the part of the owner to register/apply for a Certificate of Non-Conformance shall be
considered in violation of the Zoning Ordinance and is subject to fines and penalties under
Section 70 of this Revised Zoning Ordinance and removal at the expense of the owner.
The lawful use 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 provision of this
Ordinance, provided:
83.1 That no such non-conforming use shall be enlarged or extended to occupy a greater
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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.
83.2 That no such non-conforming use which has ceased operation for more than one (1)
year be again revived as non-conforming use.
83.4 That any non-conforming structure, or structures under one ownership 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.
83.5 That no such non-conforming use maybe moved to displace any conforming use.
83.6 That no such non-conforming structure may be enlarged or altered in a way which
increases its non-conformity, but any structure or portion thereof may be altered to
decrease its non-conformity.
83.7 That should such 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.
A complaint for violations of any provision of the Zoning Ordinance or of any clearance or
permits issued pursuant thereto shall be filed with the CZBAA.
Section 85. Functions and Responsibilities of the City Zoning Board of Adjustment and
Appeals
The City Zoning Board of Adjustment and Appeals shall be reorganized through an Executive
Order of the City Mayor and shall perform the following functions and responsibilities:
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85.1.1 Variances
85.1.2 Exceptions
85.1.3 Non-Conforming Uses
85.1.4 Complaints and Opposition to Applications
Decisions of the City Zoning Board of Adjustment and Appeals shall be appealable
to the HLURB.
Section 86. Composition of the City Zoning Board of Adjustment and Appeals (CZBAA).
The City Zoning Board of Adjustment and Appeals (CZBAA) which is a sub-committee of the City
Development Council shall be composed of the following members:
A Co-Chairperson shall be appointed by the City Mayor from among the members of the
CZBAA. An Executive Order shall be issued by the City Mayor to this effect.
Meetings: The Board shall meet as need arises. For each meeting, the members shall be
entitled to an honorarium indicated in the Executive Order issued by the City Mayor.
For purposes of policy coordination, said committee should be attached to the City
Development Council. The City Planning and Development Office shall serve as the Secretariat
to the CZBAA.
The City Zoning Review Committee (CZRC) created by the Chief Executive through an Executive
Order shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the
need arises, based on the following reasons/situations:
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The City Zoning Review Committee shall be composed of sectoral experts. These are the Local
Officials/Civil Leaders responsible for the operation, development and progress of all sectoral
undertakings in the locality e.g.
The City Planning and Development Office shall serve as the Secretariat to the Committee. An
Executive Order shall be issued by the City Mayor to this effect.
Meetings: The Committee shall meet as need arises. For each meeting, the members shall be
entitled to an honorarium indicated in the Executive Order issued by the City Mayor.
For purposes of policy and program coordination, the CZRC shall be attached to the City
Development Council
The City Zoning Review Committee shall have the following powers and functions:
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The Sangguniang Panlungsod may, from time to time upon recommendations by the City Zoning
Review Committee, alter, amend, modify, supplement or repeal any provision of this Zoning
Ordinance.
Changes in the Zoning Ordinance as a result of the review by the City Zoning Review Committee
shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or
provisions thereof shall be subjected to public hearing and review evaluation of the City Zoning
Review Committee and shall be carried out through a resolution of three fourths (3/4) vote of
the Sangguniang Panlungsod. Said amendments shall take effect only after approval and
authentication by the Sangguniang Panlalawigan.
Section 91. Building Permit Issued Prior to the Approval of this Ordinance.
Except as otherwise provided in the National Building Code, nothing herein contained shall
require any change in the plans, construction, size or designated use of any building, structure
or part thereof for which a building permit has been duly granted prior to the adoption of this
Ordinance, provided the construction of such building, structure or part thereof shall have been
started within three (3) months from the date of the issuance of such permit. Otherwise, the
applicant shall be required to conform with the provisions of this ordinance.
Where there exist a conflict between any of the regulations or limitations prescribed in this
Ordinance and any regulations application to the same area, whether the conflict be with
respect to the height of structures, the use of land, or any other matter, the more stringent
limitations or requirements shall govern and prevail.
Any person who violates any of the provisions of this ordinance shall be fined P10,000.00 or an
imprisonment for a period not exceeding one year 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.
The provisions of this ordinance shall be without prejudice to the application of other laws,
presidential decreed, letter of instructions 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.
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Section 96. 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.
-----
NENITA G. LOAYON
Sanggunian Secretary
ATTESTED:
APPROVED:
ERNESTO T. MATUGAS
City Mayor
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Annex A
GLOSSARY OF TERMS
1. ACCESSORY USE – a use incidental and subordinate to the principal use of the building
and/or land.
2. ACTUAL USE – refers to the purpose for which the property is principally or predominantly
utilized by the person in possession of the property.
3. ADAPTIVE REUSE – utilization of buildings, other built-structures, and sites of value for
purposes other than that for which they were originally intended, in order to conserve the
site, its engineering integrity and authenticity of design.
5. AFMA – refers to the Agriculture and Fisheries Modernization Act of 1997 (RA 8435).
6. 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.
7. AGRICULTURAL LAND – per RA 6657, refers to land devoted to agricultural activity and not
classified as mineral, forest, residential, commercial or industrial land.
8. AGRICULTURAL LAND USE CONVERSION – per RA 6657, refers to the process of changing
the use of agricultural land to non-agricultural uses.
9. AGRICULTURAL ZONE (AGZ) – an area within the City intended for cultivation/fishing and
pastoral activities e.g. fish, farming, cultivation of crops, goat/cattle raising, etc.
10. AGRI-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.
11. AGRI-PROCESSING ACTIVITIES – refers to the processing of raw agricultural and fishery
products into semi-processed or finished products which include materials for the
manufacture of food and/or non-food products, pharmaceuticals and other industrial
products.
12. AGRO-INDUSTRIAL ZONE (AIZ) – an area within the city intended primarily for integrated
farm operations and related product processing activities such as plantation for bananas,
pineapple, sugar etc.
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13. ALIENABLE AND DISPOSABLE (A AND D) LANDS – refers to those lands of the public
domain which have been the subject of the present system of classification and declared
as not needed for forest purposes (PD 1559).
14. ANCESTRAL DOMAINS – per the Indigenous Peoples Rights Act of 1997 (RA 8371), these
refer to all areas generally belonging to Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources
therein, held under a claim of ownership, occupied or possessed by ICCs/IPs.
15. APARTMENT – a room or suite of two or more rooms, designed and intended for, or
occupied by one family for living, sleeping, and cooking purposes
16. AQUACULTURE – fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh, brackish and marine water areas.
17. BASE ZONES – refers to the primary zoning classification of areas within the City and that
are provided with a list of allowable and conditional uses, as applicable.
18. BOARD/ HLURB – shall mean the Housing and Land Use Regulatory Board.
19. BOARDING HOUSE – a house with several sleeping rooms where boarders are provided
with lodging and meals for a fixed sum paid by the week or month or as agreed upon by
the owner
20. BOTANICAL GARDEN – a tract of land used for the culture and study of plants, collected
and grown for scientific and display purposes
21. BUILDING – a constructed edifice designed to stand more or less permanently, covering a
space of land, usually covered by a roof, more or less enclosed by walls and supported by
columns, and serving as a dwelling, factory, shelter for animal, etc.
22. BUILDABLE AREA – the remaining space in a lot after deducting the required minimum
open spaces
23. BUILDING ACCESSORY – a building, subordinate to the main building, and located on the
same lot, the use of which is necessary or incidental to the use and enjoyment of the main
building. examples: servant’s quarters, garage, etc.
24. BUILDING MAIN – the principal structure wherein the prime use of the land on which it is
situated is conducted
25. BUFFER AREA – 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.
26. BUILDING HEIGHT LIMIT (BHL) - the maximum height allowed for structures or buildings
expressed as number of floors or storeys or in terms of meters from a specified reference
point.
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28. BUS/JEEPNEY TERMINAL – a station or designated place where public utility buses and
jeepneys discharge and receive passengers
29. CARL – shall mean the Comprehensive Agrarian Reform Law (RA 6657) of 1988.
30. CENTRAL BUSINESS DISTRICT – shall refer to areas designated principally for trade,
services and business purposes (Commercial 1 Zone).
34. CHAPEL – in cemetery zone, is also called Reposing and/or Slumber room. It is where the
deceased is temporarily laid to rest for viewing by the mourners
35. CLUP – refers to the Comprehensive Land Use Plan of the City of Surigao for 2011 to 2020
as approved by Sangguniang Panlungsod Resolution No. 93-2015 dated February 26, 2015.
36. CLIMATE CHANGE – a change in the climate that persists for decades or longer, arising
from either natural causes or human activity
38. COMMUNITY MORTGAGE PROGRAM – a low-income home financing scheme that allows
an undivided tract of land to be acquired by several beneficiaries through community
mortgage.
39. COMPATIBLE USES – uses or land activities capable of existing together harmoniously e.g.
residential use and parks and playground.
40. COMPONENT CITIES – cities which do not meet the requirements for highly urbanized
cities shall be considered component cities of the province in which they are located. If a
component city is located within the boundaries of two or more provinces, such city shall
be considered component of the province of which it used to be a municipality. (RA7160)
41. COMPREHENSIVE LAND USE PLAN – a document embodying specific proposals for guiding,
regulating growth and/or development. The main components of the Comprehensive Land
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Use Plan in this usage are the sectoral studies i.e. Demography, Socio-Economic,
Infrastructure and Utilities, Local Administration and Land Use.
42. CONDITIONAL ZONING CLEARANCE – a type of Zoning Clearance issued by the Local
Zoning Board of Adjustment and Appeals to applications classified under Conditional Uses.
43. CONFLICTING USES – uses or land activities with contrasting characteristics and adjacent
to each other e.g. residential units adjacent to industrial plants.
44. CONFORMING USE – a use that is in accordance with the zone regulations as provided for
in the Ordinance.
46. COTTAGE INDUSTRY – any establishment or firm which conforms to the standards set
forth by the Department of Trade and Industry
48. DEVELOPMENT PLAN – the document/s including maps, charts and other materials
embodying goals and objectives, policy guidelines, strategies and proposals for the overall
socio-economic growth and development of the area
50. DISASTER RISK – the potential disaster losses, in lives, health status, livelihoods, assets and
services, which could occur to a particular community or a society (school or hospital) over
some specified future time period
51. DISASTER RISK REDUCTION (DRR) – the concept and practice of reducing disasters (e.g. in
schools and hospitals) through systematic efforts to analyze and manage the causal factors
of disasters, including through reduced exposure to hazards, lessened vulnerability of
people and property, wise management of land and the environment, and improved
preparedness for adverse events.
52. DOMINANT LAND USE – shall mean that pervasive land use within a perimeter of 500
meter radius from a specific parcel of land or building.
53. DORMITORY – a building where many persons are provided with board and lodging
facilities in common halls, for a compensation
54. DUPLEX DWELLING, TWO-FAMILY DETACHED – a house or structure divided into two
separate and independent living quarters by a wall extending from the floor to the ceiling
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and provided with two side yards each portion provides complete living facilities for one
household
55. DWELLING – any building or any portion thereof intended or designed to be built, used,
rented, leased or hired out to be occupied, or which are occupied for living or residential
purposes
56. DWELLING, ONE FAMILY DETACHED – a one-family house having one party wall and two
side yards
57. DWELLING, ONE FAMILY SEMI-DETACHED – a one family dwelling as above defined except
that it is provided with one side yard
58. DWELLING, TWO FAMILY SEMI-DETACHED – a two family dwelling as above defined
except that it is provided with one side yard
60. DENR – shall mean the Department of Environment and Natural Resources.
61. 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.
62. EXPOSURE – people, property, systems, or other elements present in hazard zones that
are thereby subject to potential losses
63. 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.
64. 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.
65. ENVIRONMENTALLY CRITICAL AREAS (ECA) – refers 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;
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66. ENVIRONMENTALLY CRITICAL PROJECTS (ECP) – refers 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
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c. Infrastructure projects
12
major dams;
major power plants (fossil-fuelled, nuclear-fuelled, hydroelectric or geothermal);
major reclamation projects, and
major roads and bridges.
68. 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 a desire to make more money.
69. FISHERIES CODE – shall refer to the Philippine Fisheries Code of 1998 (RA 8550).
70. FISH POND – a land-based facility enclosed with earthen or stone material to impound
water for growing fish.
71. FAMILY – a group of individuals related by blood, living under one roof and considered as
part of a single housekeeping unit
72. FILLING STATION – a retail station servicing automobiles and other motor vehicles with
gasoline and other petroleum products only
73. FLOOR AREA RATIO OR “FAR” – is the ratio between the gross floor area of a building and
the area of the lot on which it stands, determined by dividing the gross floor area of the
building and the area of the lot. The gross floor area of any building should not exceed the
prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any zone should be
based on its capacity to support development in terms of the absolute level of density that
the transportation and other utility networks can support.
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74. FORESHORE AREA – refers to that part of the shore which is alternately covered and
uncovered by the ebb and flow of the tide.
75. FOREST LANDS – include the public forest, permanent forest or forest reserves, and forest
reservations.
76. FOREST RESERVATIONS – refers to forest lands which have been reserved by the President
of the Philippines for any specific purpose or purposes.
77. FOREST ZONE – an area within the city intended primarily for forest purposes.
78. FORESTRY CODE – refers to Presidential Decree No. 705 or the Revised Forestry Code of
the Philippines, as amended.
79. GARAGE – a building or portion thereof in which motor vehicle/s is/are stored, repaired,
or kept.
80. GARAGE COMMERCIAL – a garage where automobiles and other motor vehicles are
housed, maintained, equipped, repaired or kept for remuneration, hire or sale
81. GARAGE PRIVATE – a building or a portion of a building in which only motor vehicles used
by the tenants of the building or buildings on the premises are stored or kept.
82. GENERAL COMMERCIAL ZONE (GCZ) – an area within a city for trading/services/business
purposes.
83. GENERAL INSTITUTIONAL ZONE (GIZ) – an area within a city principally for general types
of institutional establishments e.g. government offices, schools, hospital/clinics,
academic/research, convention center.
84. GENERAL RESIDENTIAL ZONE (GRZ) – an area within a city principally for dwelling/housing
purposes.
85. GEOLOGICAL HAZARD – Geological process or phenomenon that may cause loss of life,
injury or other health impacts, property damage, loss of livelihoods and services, social
and economic disruption, or environmental damage. Geological hazards include internal
earth processes, such as earthquakes, volcanic activity and emissions, and related
geophysical processes such as mass movements, landslides, rockslides, surface collapses,
and debris or mud flows.
86. GUARD HOUSE – an accessory building or structure used by a security guard while on
duty.
88. GRAZING LAND – refers to those lands of the public domain which have been set aside, in
view of the sustainability of its topography and vegetation, for the raising of livestock.
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89. 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
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.
90. HAZARD - A dangerous phenomenon, substance, human activity or condition that may
cause loss of life, injury or other health impacts, property damage, loss of livelihoods and
services, social and economic disruption, or environmental damage
91. HEAVY INDUSTRIAL ZONE (I3) - a subdivision of an area principally for the following types
of industries:
1. highly pollutive/non-hazardous
2. highly pollutive/ hazardous
3. highly pollutive/extremely hazardous
4. pollutive/extremely hazardous
5. non-pollutive/extremely hazardous
92. HIGH DENSITY COMMERCIAL ZONE (C3) – an area within a city intended for shopping
centers such as large malls and other commercial activities which are regional in scope or
where market activities generate traffic and require utilities and services that extend
beyond local boundaries and requires metropolitan level development planning and
implementation. High rise hotels, sports stadium or sports complexes are also allowable
in this zone
93. HIGH DENSITY RESIDENTIAL ZONE (R3) - a subdivision of an area principally for
dwelling/housing purposes with a density of 66 or more dwelling units per hectare
94. HOME OCCUPATION – an occupation or business conducted within the dwelling unit
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95. HOSPITAL - an institution providing health services, primarily for in-patient, and medicare
or physical care of the sick or the injured, including, as integral parts thereof, such related
facilities as laboratories, out-patient department, training facilities and staff offices.
96. HOTEL – a building or part thereof with rooms occupied or intended to be occupied for
hire as temporary abode place of individuals. it is usually provided with a general kitchen
and public dining room service without provision for cooking in any individual suite or
room.
98. HIGHLY URBANIZED CITIES – cities with a minimum population of 200,000 inhabitants as
certified by the National Statistics Office and with the latest annual income of at least
P500,000.00 based on 1996 constant prices as certified by the City Treasurer. (RA 7160)
99. INDEPENDENT COMPONENT CITIES – are those component cities whose charter prohibits
their voting for provincial elective officials. Independent component cities shall be
independent of the province. (RA 7160)
100. INLAND FISHERY – the freshwater fishery and brackish water fishponds
101. INNOVATIVE DESIGN – introduction and/ or application of new/ creative designs and
techniques in development projects e.g. Planned Unit Development (PUD), Newtown, etc.
102. LAND USE PLANNING – refers to the rational and judicious development, utilization and
management of land resources in a sustainable manner to ensure that the needs of the
present generation can be met without jeopardizing the needs of the future generations.
103. LGC – shall mean the Local Government Code of 1991 (RA 7160).
104. LIGHT INDUSTRIAL ZONE (I-1) - a subdivision of an area principally for the following types
of industries:
1. non-pollutive/non-hazardous
2. non-pollutive/hazardous
105. LIQUEFACTION – it is a process by which sediments or soil below the water table
temporarily lose strength and behave as a viscous liquid rather than a solid due to intense
shaking.
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107. LOT - a parcel of land on which a principal building and its accessories are placed or maybe
placed together with the required open spaces
108. LOT, DEPTH OF - the average horizontal distance between the front and the rear lot lines.
109. LOW DENSITY COMMERCIAL ZONE (C1) – an area within the city principally for trade,
services and business activities ordinarily referred to as the central business district.
110. LOW DENSITY RESIDENTIAL ZONE (R1) – an area within the city principally for
dwelling/housing purposes with a density of 20 dwelling units and below per hectare.
111. MEDIUM DENSITY COMMERCIAL ZONE (C-2) – an area within a city with quasi-trade
business activities and service industries performing complementary/supplementary
functions to principally commercial zone (CBD)
112. MEDIUM DENSITY RESIDENTIAL ZONE (R-2) – an area within a city principally for
dwelling/housing purposes with a density of 21 to 65 dwelling units per hectare
113. MEDIUM INDUSTRIAL ZONE (I-2) – an area within a city principally for the following types
of industries:
1. pollutive/non-hazardous
2. pollutive/hazardous
114. MOTEL - any structure with several separate units with sufficient parking space primarily
located along the highway or close to a highway where motorist may obtain lodging and in
some instances, meals.
117. MITIGATING DEVICE – a means to grant relief in complying with certain provisions of the
Ordinance.
118. NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) – pursuant to RA 7586, this is
the classification and administration of all designated protected areas to maintain
essential ecological processes and lifesupport systems, to preserve genetic
diversity, to ensure sustainable use of resources found therein, and to maintain their
natural conditions to the greatest extent possible.
119. NATURAL HAZARDS - Natural process or phenomenon ( e.g. floods, cyclones, geologic
related earthquakes) that may cause loss of life, injury or other health impacts, property
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damage, loss of livelihoods and services, social and economic disruption, or environmental
damage.
120. NEIGHBORHOOD COMMERCIAL CENTER – refers to the local source of staple and
convenience goods and services for the village/neighborhood and is built around a
supermarket to serve as the principal retail service center complemented by several
convenience stores.
122. NEDA – shall mean the National Economic and Development Authority.
123. NEW TOWN – shall refer to a town deliberately planned and built which provides, in
addition to houses, employment, shopping, education, recreation, culture and other
services normally associated with a city or municipality.
124. NIPAS Act – shall mean the National Integrated Protected Areas Systems Act of 1992 (RA
7586).
126. 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:
127. NOTICE OF NON-CONFORMANCE – certificate issued to owners of all uses existing prior
to the approval of the Ordinance which do not conform to the provisions herein provided.
129. NURSERY/DAY CARE CENTER - a place where children are temporarily cared for and
trained in the parents absence.
130. OFFICIAL ZONING MAP – a duly authenticated map delineating the different zones into
which the whole City/ Municipality is divided.
132. OVERLAY ZONES – a “transparent zone” that is overlain on top of the Basic Zone or
another Overlay Zone and provides an additional set (or layer) of regulations intended to
address specific objectives for the zone in consideration.
133. PARKS AND RECREATION ZONE (PRZ)– an area designed for diversion/amusements and
for the maintenance of ecological balance of the community.
134. PARKING BUILDING - a building of several floors used for temporary parking of motor
vehicles which maybe provided with services allowed for service stations.
135. PARKING LOT - an off-street open area, principally used for parking motor vehicles which
maybe provided with services allowed for service stations.
136. PERMANENT FOREST OR FOREST RESERVES – refer to those lands of the public domain,
which have been the subject of the present system of classification and determined to be
needed for forest purposes.
138. PRIVATE PET HOUSE - a building or structure for keeping domestic pets, for the enjoyment
as well as protection of the resident family members.
139. PROFESSIONAL OFFICE - the office of a person engaged in any occupation, vocation, or
calling, not purely commercial, mechanical, or agricultural in which a professed knowledge
of skill in some department of science or learning is used to serve the interest or welfare
of others by its practical application.
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140. PRODUCTION ZONES – forestlands tended primarily for the production of timber including
areas within ancestral lands devoted to agriculture.
These are areas below 50% slope and less than 1,000 meters in elevation.
141. PROTECTED AREAS – areas declared as belonging to the NIPAS System per RA 7586. These
areas are those that have been designated or set aside pursuant to a law, presidential
decree, presidential proclamation or executive order. These include:
143. RECREATIONAL CENTER - a place, compound or building or a portion thereof open to the
public for recreational and entertainment purposes.
144. REZONING – a process of introducing amendments to or change in the text and maps of
the Ordinance. It also includes amendment or change in view of reclassification under
Section 20 of RA 7160.
145. RISK - The combination of the probability of an event and its negative consequences such
as loss of life, loss of function of facilities, and property damage and loss.
146. RISK/HAZARD AREAS – areas that require special management and conservation practices
such as flood areas, earthquake prone areas, areas prone to rain induced landslides, or
fault lines and areas where uncontrolled development could result in irreparable damage
to the environment and its attributes.
147. ROAD RIGHT-OF-WAY (RROW) – A kind of public open space for the continuous flow of
pedestrian and vehicular traffic that must be free of all forms of prohibited physical
obstructions. The RROW is the area lying between two (2) or more parallel properties and
its width is horizontally measured from opposite property lines.
148. ROW HOUSE – one of a series of houses connected by common sidewalls and forming a
continuous group
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150. SALVAGE ZONE – lands measuring twenty (20) meters measured landward from the
interior limit of the shoreline for easement purposes.
151. SETBACK – the open space left between the building and lot lines.
152. SLAUGHTERHOUSE/ABATTOIR –
Class “AAA “– Those with facilities and operational procedures appropriate to slaughter
livestock and fowls for sale in any market, domestic or international.
Class “AA” - 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.
Class “A” – Those facilities and procedures of minimum adequacy that the livestock and
fowls slaughtered therein are suitable for distribution and sale only within the city or
municipality where the slaughterhouse is located.
153. SOCIALIZED HOUSING ZONE (SHZ) – shall be used principally for socialized
housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279.
154. SPECIAL INSTITUTIONAL ZONE (SIZ) – an area within the city principally for particular
types of institutional establishments e.g. welfare homes, orphanages, home for the aged,
rehabilitation and training centers, military camps/reservation/bases/training grounds,
etc.
155. SERVANT’S QUARTERS - a room within the dwelling or in an accessory building where
servants, maids, or helpers of the family are housed.
156. SHOPPING CENTERS - a group of not less than 15 contiguous retail stores, originally
planned and developed as a single unit, with immediate adjoining off-street parking
facilities.
157. STORE - a building or structure devoted exclusively to the retail sale of a commodity or
commodities.
158. SERVICE STATION - a building and its premises where gasoline, oil, batteries, tires and car
accessories may be supplied and dispensed at retail and where, in addition, the following
services may be rendered among others:
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Uses permissible at a filling station do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles not in operating
conditions or other works involving noise, glare, fumes, smoke, or other characteristics to
any extent greater than normally found in service stations. A service station is not a repair
garage nor a body shop.
159. SPECIAL ZONING CLEARANCE – a type of Zoning Clearance issued by the Local Zoning
Board of Adjustment and Appeals to approved applications involving Variances and/or
Exceptions.
160. 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.
161. TOURIST ZONE (TZ) – are sites within the city endowed with natural or manmade physical
attributes and resources that are conducive to recreation, leisure and other wholesome
activities.
162. THEATER - a structure used for dramatic, operatic, motion picture and other performance
for admission to which entrance fee or money is received but no audience participation
and meal service are allowed.
163. THEME PARK – an amusement park in which the structures and settings are based on a
central theme
164. TOURIST INN OR PENSION HOUSE - any building or structure regularly catering to tourist
and travelers, containing several independent rooms, providing common facilities such as
toilets, bathrooms, living and dining rooms and kitchen, and where a combination of
board and lodging may be provided.
165. UDHA – refers to the Urban Development and Housing Act (RA 7279) of 1992.
166. URBAN AREAS – include all barangay(s) or portion(s) of which comprising the poblacion,
central business district (CBD) and other built-up areas including the urbanizable land in
and adjacent to said areas and where at least more than fifty percent (50%) of the
population are engaged in non-agricultural activities.
168. URBAN ZONING MAP – a duly authenticated map delineating the different zones into
which the urban area and its expansion areas are divided.
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169. URBANIZABLE LAND – area designated as suitable for urban expansion by virtue of land
use studies conducted.
170. VARIANCE – a type of Special Zoning Clearance which grants a property owner relief from
certain provisions of the Zoning Ordinance where, because of the particular physical
surrounding, shape or topographical conditions of the property, compliance on height,
area, setback, bulk and/or density would result in a particular hardship upon the owner, as
distinguished from a mere inconvenience or a desire to make more money.
172. WATER ZONE (WZ) – are bodies of water within the city which include rivers, streams,
lakes and seas except those included in other zone classification.
174. YARD - an open space at grade between a building and the adjoining lot lines, unoccupied
and unobstructed by any portion of a structure from the ground upward.
175. YARD, FRONT – an open space at grade between a frontage of a building and the
property line
176. SIDE YARD INTERIOR - an open space at grade between a side of a building and the
property line adjoining another lot
177. SIDE YARD STREET – an open space at grade between a side of a building and the property
line adjoining a street
178. YARD, REAR – an open space at grade between a back of a building and a property line
179. ZONE – an area within a city or municipality for specific land use as defined by manmade
or natural boundaries.
180. ZONING – is the delineation/division of a city into functional zones where only specific
land uses are allowed. It directs and regulates the use of all lands in the community in
accordance with an approved or adopted land use plan for the city. It prescribes setback
provisions, minimum lot sizes, building heights and bulk.
181. ZONING CLEARANCE – an authority granted by the city government pursuant to applicable
laws on land use planning and zoning for the establishment or operation of projects or any
kind of development or activity on a piece of land, or for any project of local significance
182. ZONING ORDINANCE – a local legal measure that embodies regulations affecting land use
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Annex B
WHEREAS, it is the policy to attain and maintain a rational and orderly balance between
socio-economic growth and environmental conservation and protection;
WHEREAS, in the effective implementation of such a system, there arises the need to
identify and declare certain projects determined to be environmentally critical.
I. Heavy Industries
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1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or
geothermal)
c. Major reclamation projects
d. Major roads and bridges
3. Areas which constitute the habitat for any endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);
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12. Coral reef characterized by one or any combination of the following conditions:
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic
of the Philippines to be affixed.
Done in the City of Manila, this 14th day of December, in the year of Our Lord, nineteen
hundred and eighty-one.
By the President:
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Annex C
REPUBLIC ACT NO. 1224 - AN ACT AMENDING SECTION ONE OF REPUBLIC ACT NUMBERED
NINE HUNDRED THIRTY-EIGHT, AS AMENDED
Section 1. Section one of Republic Act Numbered Nine hundred thirty-eight, as amended by
Republic Act Numbered Nine hundred seventy-nine, is amended to read as follows:
"Section 1. The municipal or city board or council of each chartered city and the municipal
council of each municipality and municipal district shall have the power to regulate or prohibit
by ordinance the establishment, maintenance and operation of night clubs, cabarets, dancing
schools, pavilions, cockpits, bars, saloons bowling alleys, billiard pools, and other similar places
of amusement within its territorial jurisdiction: Provided, however, That no such places of
amusement mentioned herein shall be established, maintained and/or operated within a radius
of two hundred lineal meters in the case of night clubs, cabarets, pavilions, or other similar
places, and fifty lineal meters in the case of dancing schools, bars, saloons, billiard pools,
bowling alleys, or other similar places, except cockpits, the distance of which shall be left to the
discretion of the municipal or city board or council, from any public building, schools, hospitals
and churches: Provided, further, That no municipal or city ordinance fixing distances at which
such places of amusement may be established or operated shall apply to those already licensed
and operating at the time of the enactment of such municipal or city ordinance, nor will the
subsequent opening of any public building or other premises from which distances shall be
measured prejudice any place of amusement already then licensed and operating, but any such
place of amusement established within fifty lineal meters from any school, hospital or church
shall be so constructed that the noise coming therefrom shall not disturb those in the school,
hospital or church, and, if such noise causes such disturbance then such place of amusement
shall not operate during school hours when near a school, or at night when near a hospital, or
when there are religious services when near a church: Provided, furthermore, That no minor
shall be admitted to any bar, saloon, cabaret, or night club employing hostesses: And provided,
finally, That this Act shall not apply to establishments operating by virtue of Commonwealth Act
Numbered Four hundred eighty-five nor to any establishment already in operation when
Republic Act Numbered Nine hundred seventy-nine took effect.
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Annex D
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Annex E
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Annex F
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MAPS
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